House Practice: A Guide to the Rules, Precedents and Procedures of the House

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

A Guide to the Rules,

Precedents, and

Procedures of the House

Wm. Holmes Brown
Parliamentarian of the House
1974-1994

Charles W. Johnson
Parliamentarian of the House
1994-2004

John V. Sullivan
Parliamentarian of the House
2004-

www.gpo.gov/housepractice

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ISBN 0-16-053786-X

[[Page iii]]

PREFACE

HOUSE PRACTICE

The Parliamentarian of the House of Representatives is appointed
by the Speaker without regard to political affiliation. The Office of
the Parliamentarian and its subsidiary Office of Compilation of
Precedents comprise lawyers and clerks who render nonpartisan
assistance to the Speaker, to the other presiding officers, and to the
House on legislative and parliamentary procedure and, in addition,
compile the parliamentary precedents of the House.
The parliamentary law of the House of Representatives emanates
from the Constitution and from rules adopted pursuant to section 5 in
article I of the Constitution. These rules include not only the
standing rules adopted from Congress to Congress but also Jefferson's
Manual, as customarily incorporated by reference in the standing
rules. They also include rules enacted as law and special rules
adopted from time to time. On this foundation rests a body of
precedent established by decisions of presiding officers on actual
parliamentary questions or by long custom and tradition.
The overarching role of the Office of the Parliamentarian is to
strive for consistency in parliamentary analysis by attempting to
apply pertinent precedent to each procedural question. In resolving
questions of order, the Speaker and other presiding officers of the
House adhere to the jurisprudential principle of stare decisis - a
commitment to stand by earlier decisions. This fidelity to precedent
promotes analytic consistency and procedural predictability and
thereby fosters legitimacy in parliamentary practice. The commitment
of the House to stand by its procedural decisions requires rigor
concerning what constitutes precedent. In the parliamentary context,
the term does not refer to a mere instance in which something occurred
or was suffered; rather, it refers to a decision or order actually
disposing of a question of order.
The compilation of the parliamentary precedents of the House is as
important as any other function of the Office of the Parliamentarian.
For each procedural decision made on the floor of the House, the
Parliamentarian extracts the proceedings from the daily Congressional
Record and writes a parliamentary syllabus. These ``headnotes'' must
be precise, stating the real substance of the decision and its legal
rationale in suitably narrow terms. To ensure a current digest of
these matters, the Parliamentarian biennially publishes a House Rules
and Manual. For the longer term, the Parliamentarian compiles the most
salient precedents for formal, scholarly publication. These precedents
presently fill 28 volumes comprising thousands of deci

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sions over the 224 years of parliamentary practice in the House. They
are published as Hinds' Precedents (1907); Cannon's Precedents (1936);
and Deschler's, Deschler-Brown, and Deschler-Brown-Johnson Precedents
(ongoing).
To bridge the span between a digest of decisions and formally
published precedents, the Parliamentarian also publishes this work as
a condensed compilation of procedures of current application as of the
first session of the 112th Congress. The scope of this volume is thus
limited. It is a summary review of selected precedents and not an
exhaustive survey of all applicable rulings. The House Rules and
Manual and the published volumes of precedents remain the primary
sources for more comprehensive analysis and authoritative citation.
An earlier, condensed work of this kind is Cannon's Procedure in
the House of Representatives. That summary by Clarence Cannon was
first published in 1949 and last published in 1959. A later summary,
entitled Deschler's Procedure in the U.S. House of Representatives,
was prepared by Lewis Deschler in 1974 and was revised and updated in
1978, 1979, 1982, 1985, and 1987.
This third edition of House Practice reflects the efforts of all
of the members of the Office of the Parliamentarian - Tom Wickham,
Ethan Lauer, Carrie Wolf, Jay Smith, Anne Gooch, Brian Cooper, Lloyd
Jenkins, Monica Rodriguez - and of its Office of Compilation of
Precedents - Andrew Neal, Max Spitzer, Deborah Khalili, and Bryan
Feldblum - as well as former Parliamentarian Charles W. Johnson, III.
Their diligence in annotating the decisions of the Chair and other
parliamentary precedents reflected in this volume and their devotion
to the pursuit of excellence in the procedural practices of the House
are gratefully acknowledged. Particular appreciation goes to Max
Spitzer for his skilled management of the project.
References to frequently cited works are to the House Rules and
Manual for the 112th Congress, by section (e.g., Manual Sec. 364); to
the volume and section of Hinds' or Cannon's Precedents (e.g., 6
Cannon Sec. 570); to the chapter and section of Deschler's, Deschler-
Brown, or Deschler-Brown-Johnson (e.g., Deschler Ch 5 Sec. 2); to the
Congressional Record, by Congress, session, date and page (e.g., 108-
2, May 20, 2004, pp 10618-29); and to the United States Code, by title
and section (e.g., 2 USC Sec. 287).

John V. Sullivan
Parliamentarian
2004-

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CHAPTER OUTLINE

HOUSE PRACTICE

Chapter 1. Adjournment (p. 1)
Chapter 2. Amendments (p. 13)
Chapter 3. Appeals (p. 63)
Chapter 4. Appropriations (p. 69)
Chapter 5. Assembly of Congress (p. 153)
Chapter 6. Bills and Resolutions (p. 163)
Chapter 7. Budget Process (p. 185)
Chapter 8. Calendar Wednesday (p. 217)
Chapter 9. Calendars (p. 225)
Chapter 10. Chamber, Rooms, and Galleries (p. 229)
Chapter 11. Committees (p. 235)
Chapter 12. Committees of the Whole (p. 299)
Chapter 13. Conferences Between the Houses (p. 333)
Chapter 14. Congressional Procedures Enacted in Law (p. 369)
Chapter 15. Congressional Record (p. 373)
Chapter 16. Consideration and Debate (p. 381)
Chapter 17. Contempt (p. 449)
Chapter 18. Delegates and Resident Commissioner (p. 455)
Chapter 19. Discharging Measures From Committees (p. 457)
Chapter 20. District of Columbia Business (p. 465)
Chapter 21. Division of the Question for Voting (p. 471)
Chapter 22. Election Contests and Disputes (p. 481)
Chapter 23. Election of Members (p. 487)
Chapter 24. Electoral Counts; Selection of President and Vice
President (p. 493)
Chapter 25. Ethics; Committee on Ethics (p. 499)
Chapter 26. Germaneness of Amendments (p. 531)
Chapter 27. Impeachment (p. 591)
Chapter 28. Journal (p. 609)
Chapter 29. Lay on the Table (p. 617)
Chapter 30. Messages Between the Houses (p. 625)
Chapter 31. Morning Hour; Call of Committees (p. 629)
Chapter 32. Motions (p. 633)
Chapter 33. Oaths (p. 637)
Chapter 34. Office of the Speaker (p. 643)
Chapter 35. Officers and Offices (p. 651)
Chapter 36. Order of Business; Privileged Business (p. 659)

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Chapter 37. Points of Order; Parliamentary Inquiries (p. 667)
Chapter 38. Postponement (p. 683)
Chapter 39. Previous Question (p. 689)
Chapter 40. Private Calendar (p. 705)
Chapter 41. Question of Consideration (p. 711)
Chapter 42. Questions of Privilege (p. 717)
Chapter 43. Quorums (p. 743)
Chapter 44. Reading, Passage, and Enactment (p. 765)
Chapter 45. Recess (p. 779)
Chapter 46. Recognition (p. 785)
Chapter 47. Reconsideration (p. 803)
Chapter 48. Refer and Recommit (p. 815)
Chapter 49. Resolutions of Inquiry (p. 831)
Chapter 50. Rules and Precedents of the House (p. 837)
Chapter 51. Senate Bills; Amendments Between the Houses (p. 843)
Chapter 52. Special Orders of Business (p. 869)
Chapter 53. Suspension of Rules (p. 881)
Chapter 54. Unanimous-Consent Agreements (p. 891)
Chapter 55. Unfinished Business (p. 901)
Chapter 56. Unfunded Mandates (p. 907)
Chapter 57. Veto of Bills (p. 911)
Chapter 58. Voting (p. 919)
Chapter 59. Withdrawal (p. 947)
Index (p. 953)

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CHAPTER 1
ADJOURNMENT

HOUSE PRACTICE

A. Generally; Adjournments of Three Days or Less

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

B. Adjournments for More Than Three Days

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

C. Adjournment Sine Die

Sec. 13. In General; Resolutions
Sec. 14. Procedure at Adjournment; Motions
Research References
U.S. Const. art. I, Sec. 5
5 Hinds Sec. Sec. 5359-5388
8 Cannon Sec. Sec. 2641-2648
Deschler-Brown-Johnson Ch 40
Manual Sec. Sec. 82-84, 911-913

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A. Generally; Adjournments of Three Days or Less

Sec. 1 . In General

Types of Adjournments

Adjournment procedures in the House are governed by the House
rules and by the Constitution. There are: (1) adjournments of three
days or less, which are taken pursuant to motion (or by unanimous
consent when only the Chair is present in the chamber) (Sec. 5,
infra); (2) adjournments of more than three days, which require the
consent of the Senate (Sec. 10, infra); and (3) adjournments sine die,
which end each session of a Congress and which require the consent of
both Houses. Adjournments of more than three days or sine die are
taken pursuant to concurrent resolutions. Sec. Sec. 10, 13, infra.

Adjournment Versus Recess

Adjournment is to be distinguished from recess. The House may
authorize a recess under a motion provided in clause 4 of rule XVI.
The Speaker also may declare a recess when no other business is
pending (clause 12(a) of rule I) or when notified of an imminent
threat to the safety of the House (clause 12(b) of rule I). During a
period of recess, the House remains in session. The mace remains in
place on its pedestal, reports may be filed with the Clerk, and bills
may be placed in the hopper. See Recess.

Emergency Convening Authority

Sec. 2 . Adjournment Motions and Requests; Forms

Motions

The motion to adjourn authorized by clause 4(a) of rule XVI is in
order in simple form only. 5 Hinds Sec. Sec. 5371, 5372. The form is
as follows:

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

Note: The motion must be in writing if demanded.

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The proponent of the motion may not include argument in favor of
the adjournment or impose conditions under which it is to be taken. 5
Hinds Sec. 5371; 8 Cannon Sec. 2647. The motion may not be amended to
set forth the day on which the House is to reconvene. Sec. 6, infra.
However, the simple motion to adjourn may be preceded at the Speaker's
discretion by a nondebatable and unamendable motion provided by clause
4(c) of rule XVI that, when the House adjourns, it stand adjourned to
a day and time certain. Manual Sec. 911. This motion is used when the
House wishes to make some change in the day or hour of its next
regularly scheduled meeting. Manual Sec. 621.

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

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

Unanimous-Consent Requests

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

Member: M_. Speaker, I ask unanimous consent that when the House
adjourns today, it adjourn to meet at __ on __, __ (any time on a
day within three calendar days not including Sundays).

For adjournments of more than three days, see Sec. Sec. 10-12,
infra.

Legislative Days and Calendar Days Distinguished

The duration of a legislative day does not conform to the 24 hours
of a calendar day, nor does a legislative day automatically terminate
by reason of the arrival of the time for a regularly scheduled meeting
of the House. The legislative day continues until terminated by an
adjournment, irrespective of the passage of calendar days. 5 Hinds
Sec. Sec. 6738, 6739. The House has convened and adjourned twice on
the same calendar day pursuant to a motion to fix the day to which the
House shall adjourn, thereby meeting for two legislative days on the
same calendar day. Manual Sec. 913. However, a legislative day cannot
extend into a new Congress or a new session. 96-1, Jan. 3, 1980, p
37774.

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

The motion to adjourn is a motion of highest privilege and is in
order whenever the floor can be secured. See Manual Sec. 912; 5 Hinds
Sec. Sec. 5359, 5360. Other motions may not intervene between the
motion to adjourn and the vote thereon. 5 Hinds Sec. 5361. The motion
to adjourn is specifically

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given precedence over all other secondary motions permitted by clause
4 of rule XVI, including the motions to lay on the table, for the
previous question, to amend, to refer, or to postpone. Manual
Sec. 911. The motion to adjourn takes precedence over all other
motions because, as Jefferson noted, the House might otherwise be kept
sitting against its will and indefinitely. Manual Sec. 439.
The motion to fix the day and time to which the House shall
adjourn is of equal privilege to the simple motion to adjourn but is
entertained only at the Speaker's discretion. Manual Sec. Sec. 911,
912. The motion to fix the day, if made first, need not give way to
the simple motion. 5 Hinds Sec. 5381.
The motion to adjourn may not interrupt a vote being taken in the
House. 5 Hinds Sec. 5360. However, the motion to adjourn is in order:

Between the putting of the question on a proposition and the
ensuing vote. Manual Sec. 439.
Between the different methods of voting, as between a vote by
division and a vote by yeas and nays. Manual Sec. 439.
After a recorded vote is ordered and before the vote begins. 5
Hinds Sec. 5366.
After a vote has been objected to for lack of a quorum. Manual
Sec. 913.

The motion to adjourn permitted by clause 4 of rule XVI applies
both when a question is ``under debate,'' and when other business is
before the House as well. Manual Sec. Sec. 911, 912. The motion is in
order and takes precedence over the motions delineated in clause 4(a)
of rule XVI and:

The reading of the Journal. 4 Hinds Sec. 2757.
The Speaker's approval of the Journal. Manual Sec. 621.
A motion for a call of the House. 8 Cannon Sec. 2642.
A resolution offered as a question of the privileges of the
House. Manual Sec. 699.
The consideration of an impeachment proceeding. 91-2, Apr. 15,
1970, p 11940.
A motion to reconsider. 5 Hinds Sec. 5605.
A motion to instruct conferees. Manual Sec. 912.
The filing of a privileged report from a committee. Manual
Sec. 912.
The consideration of conference reports. 5 Hinds
Sec. Sec. 6451, 6453.
A report from the Committee of the Whole. 8 Cannon Sec. 2645.
The consideration of a veto message from the President. 4
Hinds Sec. 3523.

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When Not in Order

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

When another Member holds the floor in debate. Manual
Sec. 912; 5 Hinds Sec. 5360.
During time yielded for a parliamentary inquiry. Deschler-
Brown-Johnson Ch 40 Sec. 3.18.
When the House is voting, such as by the yeas and nays or
other recorded vote. 5 Hinds Sec. 6053.
Pending a vote pursuant to a special order of business
providing for such vote ``without intervening motion.'' 4 Hinds
Sec. Sec. 3211, 3212.
During the presentation of a conference report. 5 Hinds
Sec. 6452.
Pending or during the administration of the oath to a Member.
1 Hinds Sec. 622.

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

Pending consideration of a report from the Committee on Rules.
Clause 6(b) of rule XIII; 8 Cannon Sec. 2260.
Pending consideration of a motion to suspend the rules. Clause
1(b) of rule XV.

Sec. 4 . In Committee of the Whole

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

Sec. 5 . Who May Offer Motion; Recognition

The motion to adjourn may be made by any Member (91-1, Oct. 14,
1969, pp 30054-56). The Chair may declare the House adjourned by
unanimous consent when no Member is available. Deschler-Brown-Johnson
Ch 40 Sec. 3.28.

Sec. 6 . Debate on Motion; Amendments

Debate on the simple motion to adjourn is precluded by clause 4(b)
of rule XVI. Manual Sec. 911; 5 Hinds Sec. 5359. Clause 4(c) precludes
debate on

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the motion to fix the day to which the House shall adjourn. Manual
Sec. 911; 5 Hinds Sec. Sec. 5379, 5380. The stricture against debate
on a motion to adjourn includes a prefatory statement leading up to
the motion. Such statement, if made, is not carried in the
Congressional Record. 107-2, Feb. 13, 2002, p 1419.
Unless the House has yet to adopt its customary standing order
that fixes the daily hour of meeting for each day of the week, the
simple motion to adjourn is not subject to amendment. Manual Sec. 585.
Thus, the motion may not be amended by language alluding to the
purpose of the adjournment. Manual Sec. 912. The motion also may not
be amended by language specifying the day (5 Hinds Sec. 5360) or hour
(5 Hinds Sec. 5364) to which adjournment is to be taken. Manual
Sec. 912. Similarly, the separate motion under clause 4(c) of rule XVI
that when the House adjourns it stand adjourned to a day and time
certain also is not subject to amendment. An older precedent (5 Hinds
Sec. 5754) indicating otherwise predates the 1973 change in clause
4(c) of rule XVI, which enabled the motion at the Speaker's
discretion. See Manual Sec. 911.

Sec. 7 . Voting

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

Sec. 8 . Quorum Requirements

A quorum is required for a motion to fix the time of adjournment
to a day and time certain. Manual Sec. 913.
The simple motion to adjourn may be agreed to notwithstanding the
absence of a quorum. See Manual Sec. Sec. 52, 1025. Indeed, no motion
is in order in the absence of a quorum except to adjourn or for a call
of the House. 4 Hinds Sec. Sec. 2950, 2951, 2988; 6 Cannon
Sec. Sec. 680, 682. The motion to adjourn is in order on failure of a
quorum, even where the House is operating under a special order of
business requiring the consideration of the pending business. 5 Hinds
Sec. 5365.
The motion to adjourn takes precedence over a motion for a call of
the House. Sec. 3, supra. In one instance, following a point of order
that a quorum

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was not present, and before the Chair so ascertained, a Member moved a
call of the House while another Member immediately moved to adjourn.
The Chair recognized for the more privileged motion. 88-1, June 12,
1963, p 10739.
It is not in order to demand an ``automatic'' roll call under
clause 6 of rule XX on an affirmative vote on a simple motion to
adjourn because that motion may be agreed to by less than a quorum.
Manual Sec. 1025. However, a vote by the yeas and nays in such a case
would be in order, if demanded by one-fifth of those present, no
quorum being required. Manual Sec. Sec. 75, 76. Where the vote on an
adjournment is decided in the negative, and a point of order that a
quorum is not present is sustained, an ``automatic'' roll call on the
motion then occurs under clause 6 of rule XX. 100-1, Nov. 2, 1987, pp
30386-90; Deschler-Brown-Johnson Ch 40 Sec. 3.8.

Member: I move that the House do now adjourn.
Speaker: On this vote (by division, or by voice) the noes have it.
Member: I make a point of order that a quorum is not present and
(pursuant to clause 6 of rule XX) I object to the vote on the ground
that a quorum is not present.
Speaker: A quorum is not present, and the yeas and nays are
ordered. Members will record their votes by electronic device.

Although a motion to adjourn is in order pending a point of order
that a quorum is not present, it is not entertained after the Clerk
has begun to call the roll. 5 Hinds Sec. 5366; 86-2, June 3, 1960, p
11828. After the call has been completed, the motion to adjourn is
again in order; and it is not necessary that the Chair announce that a
quorum has failed to respond before entertaining the motion. 91-1,
Oct. 14, 1969, pp 30054-56.

Sec. 9 . Dilatory Motions; Repetition of Motion

Clause 1 of rule XVI, which precludes the Speaker from
entertaining dilatory motions, is applicable to motions to adjourn.
Manual Sec. 903. Although of the highest privilege, the motion to
adjourn is not in order when offered for purposes of delay or
obstruction. 5 Hinds Sec. Sec. 5721, 5731; 8 Cannon Sec. Sec. 2796,
2813. On one occasion, a point of order was sustained against the
motion where a House rule gave the Speaker the discretion to recognize
for a motion to adjourn. 8 Cannon Sec. 2822.
The motion to adjourn, once disposed of, may ordinarily be
repeated, but not until after intervening business, such as debate, a
decision of the Chair on a question of order, or the ordering of the
yeas and nays. Manual Sec. 912; 5 Hinds Sec. Sec. 5373, 5374, 5376-
5378; 8 Cannon Sec. 2814.
In some cases the rules specifically provide that only one motion
to adjourn is to be permitted. This restriction applies during the
consideration of

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certain reports from the Committee on Rules and during the
consideration of motions to suspend the rules. Manual Sec. Sec. 858,
890; Sec. 3, supra. In such cases the motion to adjourn--once having
been rejected--may not again be entertained until the pending matter
has been disposed of. 5 Hinds Sec. Sec. 5740, 5741. However, if a
motion to adjourn is made and rejected, and a quorum then fails, a
second motion to adjourn is admitted. 5 Hinds Sec. Sec. 5744-5746.

B. Adjournments for More Than Three Days

Sec. 10 . In General; Resolutions

House-Senate Action

Under article I, section 5, clause 4 of the Constitution, neither
House can adjourn (or recess) for more than three days without the
consent of the other. The consent of both Houses is required even when
the adjournment is sought by only one House. Manual Sec. 84. In
calculating the three days, either the day of adjourning or the day of
meeting (excluding Sundays) must be taken into the count. Manual
Sec. 83; 5 Hinds Sec. 6673. Thus, the House can adjourn by motion from
Thursday to Monday, or from Friday to Tuesday, because Sunday is a
dies non. However, it cannot, for example, adjourn from Monday to
Friday without the Senate's assent. Consistent with this requirement,
the House has authorized the Speaker to declare the House in recesses
subject to calls of the Chair during discrete periods, each not more
than three days. Manual Sec. 83.
Adjournments for more than three days are provided for by
concurrent resolution. The resolution may provide for the adjournment
of one House or of both Houses. Manual Sec. 84. Senate concurrent
resolutions for adjournment are laid before the House by the Speaker
as privileged. 101-1, Mar. 16, 1989, p 4480. Whether originating in
the House or Senate, such concurrent resolutions are not debatable and
require a quorum for adoption. Manual Sec. 84.
The concurrent resolution is generally offered by the Majority
Leader or a designee:

Member: M_. Speaker, I send to the desk a privileged concurrent
resolution and ask for its immediate consideration.

The resolution may set forth the times at which the adjournment is
to begin and end, but frequently the resolution will provide optional
dates so as to give each House some discretion in determining the
exact period of adjournment. Manual Sec. 84. Recent resolutions have
provided for one period of adjournment of the House and a different
period for the Senate. Thus,

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the resolution may provide for an adjournment of the House for more
than three days to a day certain, and a recess of the Senate for more
than three days to a day certain as subsequently determined by the
Senate before recessing. Manual Sec. 84. For a discussion of the
authority of the President to determine the period of adjournment when
the two Houses are unable to agree with respect thereto, see Manual
Sec. 171; for convening, see Assembly of Congress.

Conditional Adjournments; Recall Provisos

An adjournment resolution may include various conditions or
provisos, such as that the Senate shall adjourn pursuant to the
resolution after it has disposed of a certain bill. Manual Sec. 84;
95-2, June 29, 1978, p 19466.
A concurrent resolution adjourning both Houses for more than three
days, or sine die, normally includes authority for the Speaker and the
Majority Leader of the Senate, acting jointly, to reassemble the
Members whenever the public interest shall warrant it. Manual Sec. 84.
Recently, such recall authority has allowed the respective designees
of the Majority Leader and the Speaker to so reassemble. It has also
allowed reassembly at such place as may be designated. Deschler-Brown-
Johnson Ch 40 Sec. 2.2. In the 108th Congress, the two Houses granted
anticipatory consent to assemble the 108th Congress at a place outside
the District of Columbia whenever the public interest shall warrant
it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p 21; see also Manual
Sec. 82a. A concurrent resolution also may provide for the sine die
adjournment of one House following a single House recall. Manual
Sec. 84.
The House has entered an order authorizing the Speaker or a
designee, during any recess or adjournment of not more than three
days, to reconvene the House at a time other than that previously
appointed, within the limits of clause 4, section 5, article I of the
Constitution, based on a determination that the public interest so
warrants and after consultation with the Minority Leader. 112-1, H.
Res. 479, Dec. 6, 2011, p __.

Amendments; Voting

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

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Sec. 11 . Privilege of Resolution

A concurrent resolution providing for an adjournment of the House
or of the Senate (or of both Houses) is privileged. Manual Sec. 84; 5
Hinds Sec. 6701. The resolution is privileged even though it provides
for an adjournment of the two Houses to different days certain. 93-2,
Apr. 11, 1974, p 10775. An adjournment resolution remains privileged,
despite its inclusion of additional matter, so long as such additional
matter would be privileged in its own right. For example, an
adjournment resolution including a declaration asserted as a question
of the privileges of the House relating to the ability of the House to
receive veto messages during the adjournment retains its privilege.
101-1, Nov. 21, 1989, p 31156. An adjournment resolution including a
provision establishing an order of business for the following session
of the Congress was not considered privileged. 102-1, Nov. 26, 1991, p
35840.
Amendments of the Senate to adjournment resolutions are privileged
in the House. 97-2, Feb. 10, 1982, p 1471.
A House concurrent resolution providing for an adjournment may be
subject to a point of order if the House is not in compliance with
sections 309 or 310(f) of the Congressional Budget Act, which preclude
such resolutions until the House has approved its regular
appropriation bills and completed action on any required
reconciliation legislation. Manual Sec. 1127; 108-2, June 25, 2004, p
14153. However, these provisions of the Act may be waived by unanimous
consent or by adoption of a resolution reported by the Committee on
Rules. See, e.g., 101-1, June 23, 1989, p 13271.

Sec. 12 . August Recess

The Legislative Reorganization Act of 1946 provides that unless
otherwise provided by Congress, the two Houses shall either (a)
adjourn sine die by July 31 of each year, or (b) in odd-numbered
years, adjourn in August (for a specified period) pursuant to a
concurrent resolution adopted by roll call vote in each House. 2 USC
Sec. 198. The House has not adjourned sine die by July 31 under this
Act for many years, and the provisions in the Act to that effect have
been routinely waived by concurrent resolution, thereby permitting the
two Houses to continue in session. Manual Sec. Sec. 1106, 1106a. In
the absence of such a resolution, a simple motion to adjourn, made at
the conclusion of business on July 31, is in order and would permit
the House to meet on the following day. Manual Sec. 1106a.
The House and Senate may adopt a concurrent resolution adjourning
in August in an odd-numbered year as specified by the Act. Such a
resolution is called up as privileged, requires a yea and nay vote for
adoption, and

[[Page 11]]

is not debatable. Manual Sec. 1106a. Concurrent resolutions waiving
the provisions of the Act are not privileged and have been called up
by unanimous consent (Deschler-Brown-Johnson Ch 40 Sec. 12.4) or by
resolution reported by the Committee on Rules (105-1, July 31, 1997, p
17018).

C. Adjournment Sine Die

Sec. 13 . In General; Resolutions

Adjournments sine die (literally, without day) are used to
terminate the sessions of a Congress, and are provided for by
concurrent resolution. A session terminates automatically at the end
of the constitutional term. See 96-1, Jan. 3, 1980, p 37774; 104-1,
Jan. 3, 1996, p 38609. Adjournment resolutions may be offered from the
floor as privileged. 5 Hinds Sec. 6698.
The resolution is not debatable. 8 Cannon Sec. Sec. 3371-3374.
However, a Member may be recognized during its consideration under a
reservation of objection to a unanimous-consent request. Manual
Sec. 84. It requires a quorum for adoption. 92-2, Oct. 18, 1972, p
37061.
A sine die resolution may specify the particular legislative or
calendar day of adjournment or may specify alternate dates. Sine die
adjournment in the latter case is effected by a motion offered
pursuant to the resolution. Manual Sec. 84. Sine die resolutions may
be amended to provide for an adjournment on a date other than that
specified. 98-2, Oct. 11, 1984, p 32314. The resolution need not
specify the date of convening because, under section 2 of the 20th
amendment to the Constitution, a regular session of a Congress
automatically begins at noon on January 3 of every year unless
Congress sets a different date by law. Manual Sec. 242; 96-2, Jan. 3,
1980, p 3.
Under clause 1(o) of rule X, the Committee on Rules has
jurisdiction of matters relative to final adjournment of Congress.
Manual Sec. 733.
The time of adjournment sine die having been fixed by concurrent
resolution, the House may not finally adjourn before that time. 5
Hinds Sec. 6714. However, a sine die resolution may be recalled prior
to action thereon by the other House. 5 Hinds Sec. 6699. Also, it is
subject to rescission by a subsequent concurrent resolution. 5 Hinds
Sec. 6700. A resolution rescinding an order for adjournment sine die
is open to amendment, and an amendment assigning a new date is
germane. 5 Hinds Sec. 5920. For waivers of statutory provision as to
adjournment sine die on July 31, see Sec. 12, supra.
Under the current practice, sine die adjournment resolutions
normally contain House-Senate leadership recall authority. For a
discussion of recall authority generally, see Sec. 10, supra.

[[Page 12]]

The House customarily authorizes the Speaker to appoint a
committee to notify the President of the completion of business and
the intention of the two Houses to adjourn sine die unless the
President has some further communication to make. 100-1, Dec. 21,
1987, p 37618. This committee is usually composed of the Majority and
Minority Leaders of the House, and joins a similar committee appointed
by the Senate. 106-1, Nov. 18, 1999, p 30735.

Sec. 14 . Procedure at Adjournment; Motions

The House may adjourn at the time specified in the adjournment
resolution even though other business, such as a roll call, may be
pending. 5 Hinds Sec. Sec. 6325, 6719, 6720. Adjournment sine die can
occur notwithstanding the absence of a quorum if both Houses have
adopted a concurrent resolution providing for sine die adjournment on
that day. Manual Sec. 55; 5 Hinds Sec. 6721.
A motion to adjourn may invoke a concurrent resolution that gives
it particular meaning on the instant day. The motion is offered
pursuant to the concurrent resolution:

M_. Speaker, pursuant to House Concurrent Resolution __, __th
Congress, I move that the House do now adjourn.

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

[[Page 13]]

CHAPTER 2
AMENDMENTS

HOUSE PRACTICE

A. Amendments Defined and Distinguished; Forms

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

B. Permissible Pending Amendments

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

C. When to Offer Amendment; Reading for Amendment

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

D. Offering Particular Kinds of Amendments; Precedence and
Priorities

Sec. 21. Introductory; Perfecting Amendments
Sec. 22. Motions to Strike
Sec. 23. Motions to Strike and Insert
Sec. 24. Substitute Amendments

[[Page 14]]

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

E. Consideration and Voting

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

F. Effect of Adoption or Rejection; Changes After Adoption

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

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

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

H. Amendments to Titles and Preambles

Sec. 48. In General
Research References
5 Hinds Sec. Sec. 5753-5800

[[Page 15]]

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

A. Amendments Defined and Distinguished; Forms

Sec. 1 . In General; Formal Requisites

Generally

The four forms of amendment are specified by clause 6 of rule XVI.
They are:

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

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

Formal Requirements; Written or Oral Motions

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

[[Page 16]]

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

Order or Sequence

A distinction should be made between the order or sequence of
voting on amendments and the sequence in which they may be offered.
Amendments must be voted on in a definite sequence. The first-degree
amendment to the text is voted on last, thereby giving the Members the
fullest opportunity to perfect it before addressing its adoption. (For
the order of voting on amendments, see Sec. 28, infra.) However, this
sequence is reversed with respect to the offering of amendments,
because amendments to the text are proposed before the offering of
amendments to the amendment, and substitute amendments must precede
the offering of amendments to the substitute. Sec. 21, infra.
Nevertheless, considerable latitude is permitted in the order of
offering amending propositions. For example, in one instance five
amendments were offered in the following order: (1) an amendment in
the nature of a substitute for the pending measure, (2) a substitute
therefor, (3) a perfecting amendment to the original text, (4) a
perfecting amendment to the substitute, and (5) a perfecting amendment
to the amendment in the nature of a substitute. Deschler Ch 27
Sec. 5.28. Indeed, under this scenario, three further amendments would
have been in order: (1) a substitute to the perfecting amendment to
the original text; (2) a perfecting amendment to the substitute; and
(3) a perfecting amendment to the amendment to the original text.

[[Page 17]]

Effect of Special Orders of Business

Bills are frequently considered pursuant to the terms of a
resolution reported by the Committee on Rules. The resolution may
specify whether amendments may be offered to the bill, the kind and
number of amendments that may be offered, whether they can be amended,
and the order of consideration and voting thereon. The resolution may
also ``self-execute'' an amendment by considering that amendment as
adopted. Sec. 11, infra. Such special orders of business are
themselves subject to germane amendment while the rule is pending if
the Member in control yields for such amendment or offers such
amendment, or if the motion for the previous question is defeated.
Deschler Ch 27 Sec. 3.1.

Sec. 2 . Perfecting Amendments

Generally

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

Perfecting Amendments and the Motion to Strike

Perfecting amendments to a section or paragraph may be offered--
one at a time--while a motion to strike the section or paragraph is
pending, and are disposed of first. Deschler Ch 27 Sec. 15.15. Indeed,
all perfecting amendments to a section of a bill must be disposed of
before the vote on a pending motion to strike the section. Deschler Ch
27 Sec. 24.3. If the perfecting amendment changes all the words
proposed to be stricken, the motion to strike necessarily falls and is
not voted on because the entirety of the amendment has been changed.
Deschler Ch 27 Sec. 24.15.

[[Page 18]]

Sec. 3 . Motions to Insert

A motion to insert may be pending at the same time as a motion to
strike, with the vote taken first on the motion to insert, then on the
motion to strike, which is consistent with the principle that text
should be perfected before stricken or retained. See Sec. 21, infra.
They need not be offered in the order in which they are voted on.
Deschler Ch 27 Sec. 15.1.
It is not in order to reinsert the precise language stricken by
amendment. Deschler Ch 27 Sec. 31.4. However, an amendment similar to
the stricken language may be offered if germane to the pending portion
of the bill. Deschler Ch 27 Sec. 31.6.
After an amendment to insert has been agreed to, the matter
inserted ordinarily may not then be amended insularly. 5 Hinds
Sec. 5761; 8 Cannon Sec. 2852; see Sec. 38, infra. However, an
amendment may be added at the end of the inserted material. 5 Hinds
Sec. 5759; Manual Sec. 469.

Sec. 4 . Motions to Strike and Insert

A motion to strike and insert is usually a perfecting amendment
(Deschler Ch 27 Sec. 16), and is not divisible under clause 5 of rule
XVI. A motion to strike and insert may be offered as a perfecting
amendment to a pending section of a bill, and is voted on before a
pending motion to strike that section. However, even if agreed to, the
perfected language is subject to being eliminated by subsequent
adoption of the motion to strike in cases where the perfecting
amendment has not so changed the text as to render the original motion
to strike an improper change of language already adopted. Deschler Ch
27 Sec. 17.12 (note). See also Sec. 23, infra.

Sec. 5 . Motions to Strike

A motion proposing to strike a section of a bill is in order after
perfecting amendments to the section are disposed of. If offered
first, the motion to strike is held in abeyance until perfecting
amendments have been disposed of. Sec. 21, infra. A motion proposing
to strike a section that has been perfected, but not changed in its
entirety, is in order. Deschler Ch 27 Sec. 17.29. The motion to
strike, if adopted, strikes the entire section, including provisions
added as perfecting amendments to that section. Deschler Ch 27
Sec. 31.1.
A motion to strike the enacting clause of a bill is a
parliamentary motion used for rejecting the bill. Deschler Ch 27
Sec. 15. It takes precedence over a motion to amend the bill under
clause 9 of rule XVIII. Manual Sec. 988.

[[Page 19]]

Sec. 6 . Substitute Amendments

A substitute always proposes to replace all the words of a pending
amendment. The amendatory instructions contained in a substitute
direct changes to be made in the original language rather than to the
pending amendment. Although a substitute may change parts of a bill
not changed by the pending amendment, the substitute must be germane
to the pending amendment. 8 Cannon Sec. Sec. 2879, 2883; Deschler Ch
27 Sec. 18.6. A substitute may result in similar language to the
original text proposed to be changed by the pending amendment but may
not result in identical language. Deschler Ch 27 Sec. 18.15.
A substitute for a motion to strike is not in order. Deschler Ch
27 Sec. 18.8. A motion to strike is not in order as a substitute for a
pending motion to strike and insert (Deschler Ch 27 Sec. 17.18) or for
a perfecting amendment to text generally (Deschler Ch 27 Sec. 17.17).
A proposition contained in a substitute may sometimes be reoffered
in a different form after it has failed of approval. 8 Cannon
Sec. 2843.
Members may not offer substitutes for their own amendments.
Deschler Ch 27 Sec. 18.22.

Sec. 7 . Amendments in Nature of a Substitute

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

[[Page 20]]

Where an amendment in the nature of a substitute for a bill has
been adopted in the Committee of the Whole, the measure is no longer
open to amendment and further amendments, including pro forma
amendments for debate, are not in order except by unanimous consent.
Deschler Ch 27 Sec. 32.6; see also Manual Sec. 923.

Sec. 8 . Pro Forma Amendments

Pro forma amendments have been in use during debate in the
Committee of the Whole under the five-minute rule as early as 1868. 5
Hinds Sec. 5778. A pro forma amendment is a procedural formality--a
parliamentary device used to obtain recognition during consideration
of a bill being read for amendment. Such an amendment does not
contemplate any actual change in the bill. Although pro forma
amendments are phrased to make some superficial change in the language
under consideration, such as ``to strike the last word,'' the
underlying purpose is merely to obtain time for debate that might
otherwise be prohibited because of the time limitations of the five-
minute rule. Clause 5 of rule XVIII; Deschler Ch 27 Sec. 2. A special
order of business may limit the offering of substantive amendments but
enable pro forma amendments for the purpose of debate. A pro forma
amendment may be offered after a substitute has been adopted and
before the vote on the amendment, as amended, by unanimous consent
only because the amendment has been amended in its entirety and no
further amendments, including pro forma amendments, are in order.
Manual Sec. 981.
A Member who has occupied five minutes on a pro forma amendment:

May not lengthen this time by making a second pro forma
amendment or by offering a pro forma amendment to the original
amendment. Manual Sec. 981; 5 Hinds Sec. 5222; 8 Cannon
Sec. 2560.
May not extend this time by offering a substantive amendment
while other Members are seeking recognition. Manual Sec. 981.
May offer a second-degree amendment and then offer a pro forma
amendment to debate the underlying first-degree amendment.
Manual Sec. 981.

Debate on a pro forma amendment must be confined to the portion of
the bill to which the pro forma amendment has been offered. Deschler
Ch 27 Sec. Sec. 2.5, 28.38. If the point of order is raised, a Member
may not under a pro forma amendment discuss a section of the bill not
immediately pending. Deschler Ch 27 Sec. 2.4. A Member recognized to
debate a pro forma amendment may not allocate or reserve time. Manual
Sec. 981.

[[Page 21]]

Sec. 9 . Precedence of Motion Generally

In General

Clause 4 of rule XVI specifies the motions that are in order when
a question is under debate in the House and assigns precedence to
those motions in the order named in the rule. The motion to amend is
listed in the sixth position, taking precedence over the motion to
postpone indefinitely. Under that rule, the motion to amend yields to
the motion to adjourn, to lay on the table, for the previous question,
to postpone to a day certain, and to refer. Manual Sec. 911. Because
the motion to refer takes precedence over the motion to amend (5 Hinds
Sec. 5555), the motion to amend is not entertained while the motion to
refer is pending (6 Cannon Sec. 373).

Explaining or Opposing an Amendment

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

The Previous Question

In the House, a motion for the previous question takes precedence
over a motion to amend. Manual Sec. 926; 8 Cannon Sec. 2660. Thus, the
previous question may be moved pending the offering of an amendment by
a Member to whom the floor was yielded for that purpose; and the
previous question must be voted down before that Member is recognized
to offer the amendment. Deschler Ch 23 Sec. 18.3. The previous
question having been defeated, an amendment may be offered. However,
if the amendment is ruled out on a point of order, the previous
question may again be moved and takes precedence over the offering of
another amendment. Deschler Ch 23 Sec. 20.3. Once the proponent of an
amendment has been recognized for debate, such Member may not be taken
from the floor by another Member seeking to move the previous
question. Deschler Ch 23 Sec. 20.7.
In the House as in the Committee of the Whole, a Member recognized
to debate a pro forma amendment may not be taken from the floor by the
motion for the previous question. 92-2, May 8, 1972, pp 16154, 16157.

The Motion to Strike the Enacting Clause

Under clause 9 of rule XVIII, the motion to strike the enacting
clause takes precedence over a motion to amend. Manual Sec. 989. The
motion may be offered while an amendment is pending. 5 Hinds
Sec. 5328; 8 Cannon Sec. 2624.

[[Page 22]]

In the Committee of the Whole, where the motion is utilized under
the modern practice, the motion must be phrased as a recommendation,
because only the House can directly reach the enacting clause. Where
the House rejects a recommendation to strike the enacting clause, the
House resolves itself without motion into the Committee of the Whole
for further consideration of the bill. Deschler Ch 19 Sec. 10.9.

The gentle___ from _____ moves that the Committee do now rise and
report the bill back to the House with the recommendation that the
enacting clause be stricken.

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

The Motion to Rise

With one exception in the Committee of the Whole, a motion to
amend a bill has precedence over a motion to rise and report it to the
House. 4 Hinds Sec. Sec. 4752-4758. However, the motion to amend
yields to the simple motion that the Committee rise. 4 Hinds
Sec. 4770. Under clause 2(d) of rule XXI, the motion to rise and
report, if offered by the Majority Leader (or designee), takes
precedence over an amendment proposing a limitation after a general
appropriation bill has been completely read for amendment. Manual
Sec. 1040. In the 109th Congress, the House adopted a resolution
creating a point of order against a motion to rise and report an
appropriation bill that exceeded an applicable allocation of new
budget authority under section 302(b) of the Congressional Budget Act
of 1974. Such a point of order has been carried forward in subsequent
Congresses by separate order contained in the opening-day rules
package. Manual Sec. 1044b.
For precedence as between particular forms of amendment, see
Sec. 21, infra.

Sec. 10 . Amending Other Motions

Generally

The motion to amend may be applied, with certain exceptions, to
other motions that are in order in the House or the Committee of the
Whole. 5

[[Page 23]]

Hinds Sec. 5754; Manual Sec. 927. Unless precluded by the operation of
the previous question, the motion to amend may be applied to a motion:

To postpone. 5 Hinds Sec. 5754; 8 Cannon Sec. 2824.
To amend. 5 Hinds Sec. 5754.
To refer. 5 Hinds Sec. 5754.
To recommit. 5 Hinds Sec. 5521; 8 Cannon Sec. Sec. 2695, 2738,
2762.
To recommit with instructions. 8 Cannon Sec. Sec. 2698, 2699,
2712, 2759.
To declare a recess. 5 Hinds Sec. 5754.
To instruct conferees. 8 Cannon Sec. Sec. 3231, 3240.
To change the reference of a public bill if the amendment is
authorized by the appropriate committee. Manual Sec. 825; 7
Cannon Sec. 2127. But see 4 Hinds Sec. 4378.

When Not Permitted

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

To order the previous question. Manual Sec. 452.
To table. 5 Hinds Sec. 5754.
To suspend the rules, although a motion to suspend the rules
and pass a measure may include a proposed amendment to the
measure. 5 Hinds Sec. Sec. 5405, 6858, 6859.
To adjourn, as by specifying a particular day. 5 Hinds
Sec. Sec. 5360, 5754.
To go into the Committee of the Whole to consider a privileged
bill. Manual Sec. 927; 6 Cannon Sec. Sec. 52, 724.
To take up a designated bill in the Committee of the Whole. 8
Cannon Sec. 2865.
To strike the enacting clause. 8 Cannon Sec. 2626.

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

Sec. 11 . Effect of Special Orders of Business

Bills are frequently considered pursuant to the terms of a special
order of business resolution reported by the Committee on Rules. Such
special orders may specify the amendments that may be offered to the
bill, the kind and number of amendments that may be offered, and the
order of consideration and voting thereon. Deschler Ch 27 Sec. 3. The
Committee on Rules may report a resolution providing procedures to
govern the consideration of a measure even where the measure is
already pending in the Committee of the Whole. Deschler Ch 27
Sec. 3.77; see also Special Orders of Business.

[[Page 24]]

Legislation may be considered:

Under an ``open'' rule, which places no restrictions on
amendment.
Under a rule that is ``closed'' or ``modified-closed'' that
strictly restricts the universe of amendments to, for example,
amendments specified in the report of the Committee on Rules
accompanying the rule.
Under a rule that is ``open in part,'' ``closed in part,'' or
``open for a time, closed thereafter.''
Under a rule that is ``modified open,'' which places minor
restrictions on amendments, for example, requiring preprinting
in the Congressional Record.

Where a bill is being considered in the Committee of the Whole
under an ``open'' rule, germane amendments to the bill are in order
under the standing rules of the House. Deschler Ch 27 Sec. 3.7. Where
a bill is being considered under a ``closed'' rule, even pro forma
amendments are not in order. Deschler Ch 27 Sec. 3.34. A ``modified-
closed rule'' permits only designated amendments or a designated class
of amendments. Deschler Ch 21 Sec. 22.8.
The Committee of the Whole may not substantively restrict the
offering of amendments in contravention of a special order of business
adopted by the House. Manual Sec. 993; Deschler Ch 27 Sec. 3. However,
a unanimous-consent request may be entertained in the Committee of the
Whole if its effect is to allow procedures that differ only in minor
or incidental respects from the procedure required by a special order
of business adopted by the House. By unanimous consent, the House may
delegate to the Committee of the Whole authority to entertain
unanimous-consent requests to change procedures contained in such a
rule. Deschler Ch 27 Sec. 3.29 (note). For a list of unanimous-consent
requests that have been permitted in the Committee of the Whole, see
Manual Sec. 993.
A special order of business may waive points of order against a
bill or against specified amendments thereto. Deschler Ch 27 Sec. 3.
Such a waiver will not be implied. A special order of business merely
``making in order'' an amendment offered by a designated Member but
not specifically waiving points of order does not permit consideration
of the amendment unless in conformity with the rules of the House.
Deschler Ch 27 Sec. 3.72 (note). A waiver of points of order against a
bill does not apply to amendments offered from the floor. Deschler Ch
27 Sec. 3.
The so-called ``self-executing'' special order of business has
been applied in recent years to expedite the amendment process. Such a
rule may provide that a specified amendment ``shall be considered to
have been adopted.'' The committee has also reported rules that have
``self-executed''

[[Page 25]]

the adoption of an amendment that became original text for the purpose
of further amendment. Manual Sec. 855; Deschler-Brown Ch 31
Sec. 10.14.

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

The Committee on Rules may report a rule that precludes amendments
that have not been printed in the Congressional Record. An amendment
similar but not identical to the text of an amendment printed in the
Record has been held out of order under such a rule. Only the House,
by unanimous consent, may permit the offering of an amendment that
differs in any way from an amendment permitted under the rule.
However, an offeror may modify an amendment by unanimous consent in
the Committee of the Whole once pending. Manual Sec. 993; Deschler Ch
27 Sec. Sec. 3.25-3.27.
Where a special order of business restricts the offering of
amendments to those printed in the Congressional Record but does not
specify the Members who must offer them, the right to propose
amendments properly inserted in the Record inures to all Members. 105-
2, Sept. 17, 1998, pp 20838, 20839.
A special order of business prohibiting amendments to a bill
except those printed in the Congressional Record does not apply to
amendments in the second degree unless so specified. Deschler Ch 27
Sec. 3.13.

B. Permissible Pending Amendments

Sec. 13 . In General; The Stages of Amendment

The checklist below and the above chart show the four common
motions that may be pending simultaneously under clause 6 of rule XVI
(5 Hinds Sec. 5753) and the order in which they are voted on (see also
Sec. 28, infra):

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

Generally, only one amendment to the text may be pending at any
one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that
amendment is offered, however, the other three forms of amendment
shown above may be offered and all four amendments may be pending at
one time. 5 Hinds Sec. 5753; 8 Cannon Sec. 2883; Deschler Ch 27
Sec. 1.

[[Page 26]]

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

Perfecting the Original Text

It is in order to offer a perfecting amendment to the pending
portion of original text, even though there is pending an amendment in
the nature of a substitute for the pending measure. Deschler Ch 27
Sec. 5.34. Likewise, where there is pending a motion to strike a title
of a bill, perfecting amend

[[Page 27]]

ments to that title may nevertheless be offered and voted on before
voting on the motion to strike. Deschler Ch 27 Sec. 5.11.

Amending Pending Amendments

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

Amending Substitute Amendments

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

Amending Amendments in the Nature of a Substitute

When specifically made in order, an amendment in the nature of a
substitute may be considered as original text for purposes of
amendment. Accordingly, where pursuant to a special order of business
a committee amendment in the nature of a substitute is being read as
original text for purpose of amendment, there may be pending to that
text (1) an amendment, (2) a substitute therefor, and (3) amendments
to both the amendment and the substitute. Deschler Ch 27 Sec. 5.32. As
often as amendments to the amendment are disposed of, further
amendments may be offered and voted upon before voting on the
amendment to the substitute. Deschler Ch 27 Sec. 5.21.

Sec. 14 . Amendments in the Third Degree

The following chart shows the four common forms of amendments in
the first or second degree and distinguishes them from amendments in
the third degree.
Amendments in the third degree are not in order. 5 Hinds
Sec. 5754; 8 Cannon Sec. 2580; Deschler Ch 27 Sec. 6.1. ``The line
must be drawn somewhere,'' wrote Thomas Jefferson, ``and usage has
drawn it after the amendment to the amendment.'' Manual Sec. 454. This
principle is reflected in clause 6 of rule XVI and is considered
fundamental in the House of Representatives. Manual Sec. 922; Deschler
Ch 27 Sec. 6. Thus, as shown by the chart, an amendment to an
amendment to an amendment is in the third degree and

[[Page 29]]

not in order. Deschler Ch 27 Sec. 6.2. Until the amendment to the
amendment is disposed of, no further amendment to the amendment may be
offered. Deschler Ch 27 Sec. 6.12.
The prohibition against amendments in the third degree also
applies to amendments between the House and Senate. If a bill
originating in one House is amended by the other, the originating
House may amend the amendment; and the second House may again amend.
Any further amendment between the Houses would be in the third degree.
Manual Sec. 529. However, the House has on occasion adopted a special
order of business (waiving applicable points of order) that provided
for consideration of a motion to concur in a Senate amendment with a
further House amendment that broached the third degree. 110-2, June
19, 2008, p 13052; 110-2, July 23, 2008, p __; 110-2, Sept. 28, 2008,
p __; 111-2, Mar. 4, 2010, p __.

Substitutes for Pending Amendments Distinguished

As shown by the following chart, a substitute for a pending first-
degree amendment is subject to amendment, whereas a perfecting
amendment to an amendment is not, as that would be in the third
degree. Manual Sec. 923; Deschler Ch 27 Sec. 6. The substitute
permitted by clause 6 of rule XVI is an alternative to the original
first-degree amendment and not for the amendment to that amendment.
Indeed, when an amendment and a perfecting amendment thereto are
pending, neither an amendment to, or substitute for, the perfecting
amendment is in order, both such amendments being in the third degree.
Deschler Ch 27 Sec. 6.2.
Although a perfecting amendment to a pending substitute should
retain some portion of the substitute so as not to be in effect a
substitute in the third degree, the Chair does not look behind the
form of the amendment in the absence of a timely point of order from
the floor. Deschler Ch 27 Sec. 6.21.

Amendments in the Nature of a Substitute

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

[[Page 30]]

Amendments While Motion to Strike Pending

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

Pro Forma Amendments

In the Committee of the Whole, pro forma amendments are
technically not in order where the four permitted amendments are
pending if the point of order is raised, as they would constitute
amendments in the third degree. However, the Chair has hesitated to
rule out of order pro forma amendments as being in the third degree,
because the Committee has the power to close debate when it chooses
and has permitted such amendments to be offered by unanimous consent.
Deschler Ch 27 Sec. 6.22.

C. When to Offer Amendment; Reading for Amendment

Sec. 15 . In General; Reading by the Clerk

A second reading occurs in the Committee of the Whole after
general debate when a measure is read for amendment under clause 5 of
rule XVIII. Under clause 5(a) of rule XVIII, amendments are not in
order in the Committee of the Whole until general debate has been
closed. 4 Hinds Sec. 4744. Amendments are then debated under the five-
minute rule. Manual Sec. 978. The bill is read for amendment, and
amendments are offered and debated at the appropriate point in the
reading. Thus, when a bill is being read for amendment in the
Committee of the Whole by section, it is not in order to offer
amendments except to the one section under consideration. Deschler Ch
27 Sec. 7. After a section or paragraph has been passed, it is no
longer subject to amendment. Manual Sec. Sec. 413, 980.
Bills are ordinarily read for amendment by section or paragraph in
sequence. However, the House, by unanimous consent or special order of
business, may vary the reading of a bill for amendment under the five-
minute rule in the Committee of the Whole, which may include
dispensing with the reading entirely. Deschler Ch 27 Sec. Sec. 7.1,
7.18.

House Practice Distinguished

In the House, amendments to measures on the House Calendar are
made where the Member calling up the measure yields for an amendment,
or if the previous question is not moved or ordered, pending the
engrossment and

[[Page 31]]

third reading. 5 Hinds Sec. 5781; 7 Cannon Sec. 1051; Deschler Ch 27
Sec. 13.3. Amendments may be offered to any part of the bill without
proceeding by section or paragraph. 4 Hinds Sec. 3392.

Practice in House as in the Committee of the Whole

Where a bill is by unanimous consent considered in the House as in
the Committee of the Whole, the bill is considered as read and open to
amendment at any point under the five-minute rule. Deschler Ch 27
Sec. 11.22. This is so despite the fact that the House has previously
adopted a special order of business providing that the bill be read by
title in the Committee of the Whole because that order of the House
had been superseded by a subsequent order of the House. Deschler Ch 27
Sec. 7.2.

Sec. 16 . Amendments to Text Passed in the Reading

In the Committee of the Whole, amendments to a section are in
order after the section has been read or the reading dispensed with
and remain in order until the reading of the next portion to be
considered. Deschler Ch 27 Sec. 7. Generally, an amendment comes too
late when the Clerk has read beyond the section to which the amendment
applies. 8 Cannon Sec. 2930; Deschler Ch 27 Sec. 8.1.
An amendment offered as a new section is in order to a bill being
read by section after the Clerk has read up to, but not beyond, the
point at which the amendment would be inserted. The amendment must be
offered after the consideration of the section of the bill that it
would follow, and comes too late after the next section of the bill
has been read for amendment. Deschler Ch 27 Sec. 8.17. A section is
considered passed for the purpose of amendment after an amendment
inserting a new section has been adopted following that section.
Deschler Ch 27 Sec. 8.12. An amendment adding a new section at the end
of a bill is in order after the last section of the bill has been
read, even though other amendments adding new sections have been
adopted. Deschler Ch 27 Sec. 7.35.
To be timely, an amendment must be offered at the appropriate
place in the reading. A point of order that an amendment to a section
or a paragraph of a bill comes too late does not lie where the Member
offering the amendment was standing and seeking recognition before the
section or paragraph was passed in the reading. Deschler Ch 27
Sec. 8.22. The Chair has on occasion directed the Clerk to reread a
paragraph of a bill where there was doubt as to how far the Clerk had
read. Deschler Ch 27 Sec. 8.4.

[[Page 32]]

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

It is not in order to strike or otherwise amend portions of a bill
not yet read for amendment. Deschler Ch 27 Sec. 9. Even committee
amendments printed in a bill are not considered until the section
where they appear is read for amendment. Deschler Ch 27 Sec. 9.4.
Unless permitted by a special order of business, amendments to a
pending title of a bill and to a subsequent title may be offered en
bloc only by unanimous consent. Deschler Ch 27 Sec. 9.13. Similarly,
to a bill being read for amendment by section, amendments to more than
one section may be considered en bloc by unanimous consent only.
Deschler Ch 27 Sec. 9.14.
During the reading of an appropriation bill, clause 2(f) of rule
XXI permits the offering of certain budget-neutral amendments to text
not yet read. Such amendments may propose only to transfer
appropriations among objects in the bill and are not subject to
division. Manual Sec. 1042.

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

Unless permitted by a special order of business, a bill may be
considered as read and open to amendment at any point only by
unanimous consent. A motion to that effect is not in order. Deschler
Ch 27 Sec. 11.2. Similarly, during the reading of a section for
amendment, that section can be considered as read and open to
amendment at any point only by unanimous consent. Deschler Ch 27
Sec. 11.4. Where consent is granted that the remainder of the bill be
open to amendment at any point, amendments may then be offered to any
portion of the bill not yet read for amendment at the time the
permission is granted and amendments remain in order to that portion
of the bill pending when the request was granted. Deschler Ch 27
Sec. 11.9; 94-1, June 4, 1975, p 16899. However, an agreement that the
remainder of the bill be considered read and open for amendment at any
point does not admit an amendment to a portion of the bill already
passed in the reading. Deschler Ch 27 Sec. 11.8. Points of order
against the text open to amendment are disposed of before the offering
of amendments. See Points of Order; Parliamentary Inquiries.

Sec. 19 . Amendments in the Nature of a Substitute

Unless the bill is considered as having been read for amendment,
an amendment in the nature of a substitute for a bill is in order only
after the first section (or paragraph) of the bill has been read for
amendment or following the reading of the final section (or paragraph)
of the bill. Deschler

[[Page 33]]

Ch 27 Sec. Sec. 12.1, 12.2, 12.4. To a bill being read for amendment
by title, an amendment in the nature of a substitute for the entire
bill may be offered either after the reading of the ``short title'' of
the bill (which is normally a separate section of the bill preceding
title I) or at the conclusion of the reading of the whole bill.
Deschler Ch 27 Sec. 12.
An amendment in the nature of a substitute for a bill is not in
order at an intermediate stage of the reading unless the bill is
considered as having been read for amendment, in which case an
amendment in the nature of a substitute may be offered at any time
during consideration of the bill. Deschler Ch 27 Sec. Sec. 12.3,
12.10.
Although an amendment in the nature of a substitute may ordinarily
be offered after the reading of the first section of a bill being read
by section and before committee amendments adding new sections, where
a bill consists of one section and is therefore open to amendment at
any point when read, committee amendments adding new sections are
considered perfecting amendments and are disposed of before the
offering of amendments in the nature of a substitute. Deschler Ch 27
Sec. 12.13.
An amendment in the nature of a substitute is in order after an
entire bill has been read and perfecting amendments have been adopted
thereto, as long as such perfecting amendments have not changed the
bill in its entirety. Deschler Ch 27 Sec. 12.16. Similarly, an
amendment in the nature of a substitute may be offered for a bill (or
for an amendment being considered as original text) after the reading
thereof has been completed, if another amendment in the nature of a
substitute has not been previously adopted. Deschler Ch 27 Sec. 12.6.
For substitutes for amendments in the nature of a substitute, see
Sec. 24, infra.

Sec. 20 . Recognition to Offer Amendments; Priority

Necessity of Recognition

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

Discretion of Chair

Except where governed by a special order of business, recognition
for the purpose of offering amendments is within the discretion of the
Chair. Deschler Ch 27 Sec. Sec. 4.2, 4.3. No point of order lies
against the Chair's recognition of one Member over another. Deschler
Ch 27 Sec. 4.4. Nevertheless,

[[Page 34]]

in the absence of a controlling special order of business, the Chair
ordinarily follows the many precedents and practices that serve as
guidelines to the Chair in according recognition to Members to offer
amendments. Deschler Ch 27 Sec. 4.35. For example, the Chair may
accord recognition pursuant to the principle of alternation between
majority and minority parties or on the priority of perfecting
amendments over motions to strike. Deschler Ch 27 Sec. 4.19. Decisions
on questions of recognition are not subject to appeal. Manual
Sec. 949.

Priority of Committee Amendments

Amendments recommended by a committee reporting a bill are
normally considered before amendments offered from the floor,
including instances where a bill is considered read and open to
amendment. Deschler Ch 27 Sec. 4.34. Thus, perfecting committee
amendments to a paragraph under consideration are disposed of before
amendments from the floor are considered. Deschler Ch 27 Sec. 4.33. A
special order of business will often make in order a committee
amendment in the nature of a substitute as the base text for purposes
of further amendment.

Committee Membership as Basis for Recognition

The Chair ordinarily accords priority in recognition to members of
the committee reporting the bill, if on their feet seeking
recognition. Deschler Ch 27 Sec. 4.8. This is so despite the party
affiliation of such Members. Deschler Ch 27 Sec. 4.10.
Members of the reporting committee or committees are normally
accorded prior recognition in order of full-committee seniority and
not by the sequence of lines in the pending paragraph to which those
amendments may relate. Deschler Ch 27 Sec. Sec. 4.11, 4.13, 4.30. It
is within the discretion of the Chair as to whether a majority or
minority member of the committee will be recognized first. Deschler Ch
27 Sec. 4.18.

Effect of Parliamentary Inquiries

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

[[Page 35]]

D. Offering Particular Kinds of Amendments; Precedence and Priorities

Sec. 21 . Introductory; Perfecting Amendments

Generally, the House follows the Jeffersonian principle that
language should be perfected before taking other action on it.
Deschler Ch 27 Sec. 15. ``[T]he friends of the paragraph,'' Jefferson
wrote, ``may make it as perfect as they can by amendments before the
question is put for inserting it. . . . In like manner, if it is
proposed to amend by striking a paragraph, the friends of the
paragraph are first to make it as perfect as they can by amendments,
before the question is put for striking it out.'' Manual Sec. 469. An
important exception to this rule is that a motion to strike the
enacting words of a bill, being a device used for purposes of
rejecting the bill, has precedence over a motion to amend the bill.
Clause 9 of rule XVIII; Manual Sec. 988.
A motion to strike and a perfecting amendment may be pending
simultaneously. They must be voted on separately and in a specified
order. Sec. 28, infra. When a motion to strike is pending, an
amendment to perfect the text proposed to be stricken may be offered
as preferential. When an amendment to perfect is pending, a motion to
strike must wait. Deschler Ch 27 Sec. 15.1. They may not be offered as
amendments to or substitutes for one another. When a motion to strike
a pending portion of a bill is pending, perfecting amendments are in
order to the text proposed to be stricken--not to the motion to
strike. Deschler Ch 27 Sec. 15.13.

Precedence Over the Motion to Strike

A perfecting amendment to the text of a bill is in order and takes
precedence over a pending motion to strike the text and is first to be
voted on. Deschler Ch 27 Sec. Sec. 15.3, 15.4. Thus, an amendment
inserting new words is in order and takes precedence over a pending
motion to strike that portion of the text. Deschler Ch 27 Sec. 15.7.
Perfecting amendments to a paragraph may be offered (one at a
time) while a motion to strike the paragraph is pending, and such
perfecting amendments are first disposed of. Deschler Ch 27
Sec. Sec. 15.5, 15.15. Under this rule, where a perfecting amendment
is offered and rejected, a second perfecting amendment may be offered
and disposed of before the vote on a motion to strike. If the motion
to strike is ultimately defeated, further perfecting amendments to the
pending text are yet in order. Deschler Ch 27 Sec. Sec. 15.8, 15.26.

[[Page 36]]

A motion to strike a pending portion of a bill will be held in
abeyance until perfecting amendments to that portion are disposed of.
Manual Sec. 469. However, a Member who has been recognized to debate
the motion to strike may not be deprived of the floor by another
Member who seeks to offer a perfecting amendment. After the Member so
recognized has completed five minutes in support of the motion to
strike, but before the question is put on the motion to strike, the
perfecting amendment may be offered and voted upon. Deschler Ch 27
Sec. 15.11.
In the case of preferential perfecting amendments to the text
offered pending a motion to strike that text, such a motion to strike
must still be voted upon regardless of whether or not such perfecting
amendments are adopted (assuming that the perfecting amendments do not
change the entire pending text). Deschler Ch 27 Sec. 15.24. However,
if perfecting amendments are agreed to, and are coextensive with the
material proposed to be stricken, the motion to strike the amended
text falls and is not acted on. Deschler Ch 27 Sec. 15.25.

Precedence Over Amendment in the Nature of a Substitute

Where a bill consists of several sections, an amendment in the
nature of a substitute should be offered after the reading of the
first section and following disposition of perfecting amendments to
the first section. Deschler Ch 27 Sec. 15.40 (note). Indeed, a
perfecting amendment to the first section of a bill may be offered
while an amendment in the nature of a substitute for the entire bill
is pending. Deschler Ch 27 Sec. 15.32. A perfecting amendment to a
pending paragraph of a bill is in order and is not precluded by the
intervention of a single substitute for the paragraph and several of
those following. Deschler Ch 27 Sec. 15.33.

Sec. 22 . Motions to Strike

Amendments proposing to strike a section of a bill are in order
after perfecting amendments to the section are disposed of. Deschler
Ch 23 Sec. 17.3. A motion to strike a section or paragraph is not in
order while a perfecting amendment is pending. Deschler Ch 27
Sec. Sec. 16.6, 17.1. The motion to strike, if already pending, must
remain in abeyance until the amendment to perfect has been disposed
of. Manual Sec. 469; 5 Hinds Sec. 5758; 8 Cannon Sec. 2860. Because a
provision must be perfected before the question is put on striking it
out, a motion to strike a paragraph or section may not be offered as a
substitute for a pending motion to perfect the paragraph or section,
including where the pending perfecting amendment is a motion to strike
and insert new text. Deschler Ch 27 Sec. Sec. 17.15-17.18. Although
the motion to

[[Page 37]]

strike is not in order in this situation as a substitute, it may be
offered after disposition of the perfecting amendment to strike and
insert if more comprehensive in scope. Deschler Ch 27 Sec. Sec. 17.30-
17.32.
Although an amendment that has been agreed to may not be modified,
a proposition to strike it from the bill with other language of the
original text is in order. 8 Cannon Sec. 2855. Thus, if the pending
title of a bill is perfected by an amendment adding a new section
thereto, and the Committee of the Whole thereafter agrees to a motion
to strike the entire title, the words added by the perfecting
amendment are eliminated along with the rest of the title. 91-1, Oct.
3, 1969, p 28454.
To a motion to strike certain text and insert new language, a
simple motion to strike all that text may not be offered as an
amendment, as it would have the effect of dividing the motion to
strike and insert, which is prohibited by clause 5 of rule XVI.
Deschler Ch 27 Sec. 17.23.

Sec. 23 . Motions to Strike and Insert

As a perfecting amendment, a motion to strike and insert takes
precedence over a pending motion to strike. 8 Cannon Sec. 2849. It may
be offered while the motion to strike is pending and is first acted
upon. Deschler Ch 27 Sec. 16.3. If the perfecting amendment is agreed
to, and is coextensive with the motion to strike, the motion to strike
the amended text falls and is not acted on. Deschler Ch 27 Sec. 16.4.
Under clause 5 of rule XVI, a motion to strike and insert is
indivisible. Manual Sec. 920. For this and other reasons, a motion to
strike is not in order as a substitute for a pending motion to strike
and insert. Deschler Ch 27 Sec. 17.18. Conversely, a motion to strike
and insert a portion of a pending section is not in order as a
substitute for a motion to strike the section, but may be offered as a
perfecting amendment to the section and is first voted upon, subject
to being eliminated by subsequent adoption of the motion to strike.
Deschler Ch 27 Sec. 17.7. See also Sec. 4, supra.

Sec. 24 . Substitute Amendments

Generally

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

[[Page 38]]

is then in order until the Chair puts the question on the amendment.
Deschler Ch 27 Sec. 18.3.

Substitutes for Amendments in the Nature of a Substitute

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

Reoffering Substitute Propositions

Whether a proposition contained in a substitute may be reoffered
in a different form after it has failed of approval depends on the
circumstances. If the language of the substitute is reoffered in such
a way as to present precisely the same question that has already been
voted on, it would not be in order. Where an amendment is altered by
adoption of a substitute, and then is rejected as so amended, the
language of the substitute cannot be reoffered at that point as a
first-degree amendment. See Deschler Ch 27 Sec. 18.25 and note.
Clearly, however, where the actual proposition was never voted on
because of changes made through the amendment process, the proposition
may be offered again as, for example, an amendment to text. Where an
amendment is offered, and then a substitute for that amendment, the
consideration of that substitute necessarily proceeds with reference
only to the particular amendment to which offered. This may present a
different question from that which would arise if the language of the
substitute were considered with reference to the text of the bill.
Manual Sec. 923; see also 5 Hinds Sec. 5797, 8 Cannon Sec. 2843, and
Deschler Ch 27 Sec. 18.25 (note).

Sec. 25 . Offering Amendments During Yielded Time

In the House

A measure being considered in the House is not subject to
amendment unless the Member in control yields for that purpose or the
previous question is either not moved or is rejected. Deschler Ch 27
Sec. 13.6; see Sec. 26, infra. Ordinarily, an amendment to the measure
may be offered only by the Member having the floor unless such Member
yields to another for that purpose; and it is within the discretion of
the Member in charge whether, and to whom, to yield. Deschler Ch 27
Sec. 13.3. An amendment may not be offered in time yielded for debate
only. 8 Cannon Sec. 2474; Deschler Ch 27 Sec. 13.1.
A Member controlling debate in the House on a measure may yield to
another to offer an amendment, despite a prior announced intention not
to yield for such purpose. 8 Cannon Sec. 2470. The Member so yielded
to may

[[Page 39]]

then offer an amendment, be recognized for an hour, and may yield time
to others. Deschler-Brown Ch 29 Sec. 30.7.
A Member who has the floor in debate in the House may not yield to
another Member to offer an amendment without losing control of the
time. 5 Hinds Sec. 5021. By yielding to another to offer an amendment
a Member loses the right to resume. 5 Hinds Sec. 5031. However, a
Member may yield to permit an amendment to be read for information
without losing control of the time. 8 Cannon Sec. 2477.

In the Committee of the Whole

A Member recognized under the five-minute rule may not yield to
another Member to offer an amendment. A Member wishing to offer an
amendment under the five-minute rule must seek recognition from the
Chair and may not be yielded the floor for that purpose by another
Member. Deschler Ch 27 Sec. 13.7.

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

Generally; House Practice

The adoption of the previous question precludes further debate or
amendment on the pending measure and brings the House to an immediate
vote thereon. Clause 1 of rule XIX; 5 Hinds Sec. Sec. 5486, 5487;
Deschler Ch 27 Sec. 14.1. The previous question may be moved (1) on a
pending amendment; (2) on the underlying measure; or (3) on both
propositions. See Previous Question. Thus, where the previous question
is ordered in the House on a pending resolution and the amendment
thereto, the vote immediately recurs on the adoption of the resolution
after the disposition of the amendment, and no intervening amendment
is in order. Deschler Ch 27 Sec. 14.3. However, a motion to commit may
be in order under clause 2 of rule XIX. Manual Sec. Sec. 1001, 1002;
see Refer and Recommit.
The previous question is sometimes ordered on nondebatable motions
for the specific purpose of preventing amendments thereto. 5 Hinds
Sec. 5490.

Expiration of Debate Time in the Committee of the Whole

An amendment to a pending section of a bill being considered in
the Committee of the Whole may be offered notwithstanding the
expiration of all time for debate on the section and any amendments
thereto. Deschler Ch 27 Sec. 14.9. Under clause 8 of rule XVIII, the
expiration of a limitation on debate under the five-minute rule does
not prohibit the offering of further amendments, but such amendments
are not subject to debate if not printed in the Congressional Record.
Manual Sec. 987; Deschler Ch 27 Sec. 14.10. However, where a special
order of business limits the time for consideration of

[[Page 40]]

amendments, an amendment may not be offered upon the expiration of
that time limitation. Manual Sec. 993; see also Consideration and
Debate.

E. Consideration and Voting

Sec. 27 . In General; Reading of Amendment

Generally

Amendments to a bill must be read in full or their reading
dispensed with in accordance with the rules. 8 Cannon Sec. 2339. This
is so even where the bill itself is considered as having been read for
amendment pursuant to a special order of business. Deschler Ch 27
Sec. 22. The reading of an amendment must be completed before an
amendment thereto is in order. Deschler Ch 27 Sec. 22.5.
Amendments at the Clerk's desk must be offered by a Member before
they will be read by the Clerk. Deschler Ch 27 Sec. 7.27. They need
not be reoffered after they have been reported by the Clerk
notwithstanding suspension of consideration of the bill. Where the
Committee of the Whole resumes its consideration of a bill after an
interval of time, the Chair sometimes (without objection) directs the
Clerk to re-report the amendments that were pending at the time the
Committee rose. Deschler Ch 27 Sec. 22.3.

Numbering Amendments

Amendments printed in the Congressional Record are numbered in the
order submitted for printing. Clause 8 of rule XVIII.

Dispensing with Reading

The reading of an amendment may be dispensed with by unanimous
consent or waived pursuant to the provisions of a special order of
business. Deschler Ch 27 Sec. 22. The reading of an amendment in the
Committee of the Whole may also be dispensed with by motion if the
amendment has been printed in the bill as reported or if printed in
the Congressional Record by the offeror of the amendment. Clause 7 of
rule XVIII; Manual Sec. 986.

Re-reading Amendments

An amendment that has been once read may not be read again except
by unanimous consent. Deschler Ch 27 Sec. 22.2. It is not within the
province of the Chair to analyze the effect of amendments, and the
Chair has declined to recognize for unanimous consent that the Clerk
read the ``differences'' between two pending amendments. Deschler Ch
27 Sec. 1.33.

[[Page 41]]

Amendment in the Nature of Substitute

The reading of an amendment in the nature of a substitute must be
completed before an amendment thereto is in order. Deschler Ch 27
Sec. 22.5. An amendment in the nature of a substitute is not read by
section in the absence of a special order of business that specifies
to the contrary, and it is open to amendment at any point when read in
its entirety. Deschler Ch 27 Sec. 22.6. Where, pursuant to a special
order of business, an amendment in the nature of a substitute is being
read as an original bill for the purpose of amendment, the amendment
is read section by section, and substantive as well as pro forma
amendments are in order following the reading of each section.
Deschler Ch 27 Sec. 22.7.

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

Voting Sequence

The four forms of amendment permitted by clause 6 of rule XVI may
be pending simultaneously. Sec. 13, supra. However, as shown by the
following chart, they must be voted on in the sequence shown, as
follows: (1) amendments to the amendment, if any, are disposed of
first, seriatim, until the amendment is perfected; (2) amendments to
the substitute are next voted on, seriatim, until the substitute is
perfected; (3) the substitute is next voted on; and (4) the amendment
is voted on last, so that if the substitute has been agreed to, the
vote is on the amendment as amended by the substitute. Manual
Sec. 922; Deschler Ch 27 Sec. 23.
An amendment to an amendment must be offered before the question
is put on the underlying amendment. Deschler Ch 27 Sec. Sec. 18.3,
18.4. Once a perfecting amendment to an amendment is disposed of, the
original amendment, as amended or not, remains open to further
perfecting amendment, and all such amendments are disposed of before
voting on substitutes for the original amendment and amendments
thereto. Deschler Ch 27 Sec. 23.9.
Disposition of a perfecting amendment to a substitute amendment
does not preclude the offering of further perfecting amendments to the
substitute or the underlying amendment. However, once the substitute
is adopted, the Chair immediately puts the question on the original
amendment as amended by the substitute and further perfecting
amendments (including pro forma amendments) are not in order. Deschler
Ch 27 Sec. Sec. 23.8, 23.9.

[[Page 42]]

Effect of Special Orders of Business

A special order of business resolution reported by the Committee
on Rules may reverse or alter the normal order of consideration of
amendments in the Committee of the Whole. Where the House has adopted
a special order of business permitting the consideration of amendments
in the Committee of the Whole only in a prescribed order, the
Committee of the Whole must rise to permit the House, by unanimous
consent, to change that order of consideration. Manual Sec. 993;
Deschler Ch 27 Sec. 23.

[[Page 43]]

Postponed and Clustered Votes on Amendments

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

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

Manual Sec. 984.

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

Sec. 29 . Committee Amendments

Pending amendments, whether favorably or adversely recommended by
the committee reporting the bill, must be voted on. 8 Cannon
Sec. 2865. The

[[Page 44]]

Committee of the Whole must vote on a pending amendment even though it
has been ``accepted'' by members of the committee reporting the bill.
Deschler Ch 27 Sec. 26.10.
Absent a special order of business that provides otherwise,
committee amendments to a bill are ordinarily taken up before
amendments from the floor, although they are not voted on until after
they have been perfected. 5 Hinds Sec. 5773. Floor amendments to the
bill are normally in order following the disposition of pending
committee amendments perfecting that bill, even though the bill is
open to amendment at any point. Deschler Ch 27 Sec. Sec. 26.3, 26.5.
Absent a special order of business that provides otherwise, where
a committee amendment proposes to strike a portion of the text, a
perfecting amendment from the floor may intervene before the vote is
taken on the committee amendment. See Sec. 21, supra.
A committee amendment to the first paragraph or section of a bill
is voted on before a vote is taken on an amendment in the nature of a
substitute to strike all after the enacting clause and insert new
matter. Deschler Ch 27 Sec. 26.1.

Sec. 30 . Amendments En Bloc; Use of Special Orders of Business

Generally

Amendments may be considered en bloc only by unanimous consent or
pursuant to a special order of business. Deschler Ch 27
Sec. Sec. 27.2, 27.3, 27.14-27.16. Amendments considered en bloc by
unanimous consent are subject to germane amendment after they have
been read. Once pending they are open to perfecting amendment at any
point. Deschler Ch 27 Sec. 27.7.
En bloc amendments may be offered to a pending amendment, but it
is not in order to consider en bloc amendments to committee amendments
that have not yet been reported. Deschler Ch 27 Sec. 27.10. For en
bloc amendments to appropriation bills, see Appropriations.
The en bloc consideration of amendments in the Committee of the
Whole pursuant to a unanimous-consent request therein does not
necessarily result in an en bloc vote in the House, because that is
merely an order of the Committee and not binding on the House.
Moreover, even amendments considered en bloc pursuant to a special
order of business are subject to a demand for a division of the
question in the House if divisible, unless prohibited by the rule.
Deschler Ch 27 Sec. 27.15 (note).

[[Page 45]]

Points of Order

Where unanimous consent is requested that two or more amendments
be considered en bloc, points of order against any or all of them may
be made or reserved pending agreement to the request. Deschler Ch 27
Sec. 27.5. Amendments offered en bloc by unanimous consent are
considered as one amendment, and a single point of order against any
portion thereof renders the entire amendment subject to a point of
order. Deschler Ch 27 Sec. 27.5.

Consideration Pursuant to Special Order of Business

To expedite consideration of perfecting committee amendments to a
bill, the House may adopt a special order of business permitting their
consideration en bloc in lieu of separate consideration in the order
printed in the bill. Under such a special order of business, the
manager of the bill may request en bloc consideration after the
pending text is read and unanimous consent is not required. Deschler
Ch 27 Sec. Sec. 27.13, 27.14.

``King of the Hill'' Rule

The Committee on Rules has provided for the consideration of two
or more amendments under what is sometimes termed a ``king of the
hill'' procedure. The special order of business may provide that such
amendments be considered in a specified order and that if more than
one such amendment is adopted, only the last amendment so adopted
shall be considered as finally adopted and reported to the House. 102-
2, June 3, 1992, p 13239.

``Top Vote Getter'' or ``Queen of the Hill'' Rule

On occasion, the Committee on Rules has reported a rule that
permitted several alternative amendments to be considered in a
specified order with the one receiving the largest majority being
reported back to the House. See, e.g., 104-1, Jan. 25, 1995, p 2360.

``First Amendment Adopted'' Rule

On rules providing for the consideration of the concurrent
resolution on the budget, or on other rare occasions, the Committee on
Rules has waived all points of order against the amendments in the
nature of a substitute printed in the report accompanying the rule,
except that the adoption of an amendment in the nature of a substitute
constituted the conclusion of consideration of the concurrent
resolution for amendment. See, e.g., 106-2, Mar. 23, 2000, p 3342.

[[Page 46]]

Sec. 31 . Perfecting Amendments; Motions to Strike

Preference as Between Perfecting Amendments

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

Preference as Between Perfecting Amendment and Motion to Strike

All perfecting amendments to a section of a bill must be disposed
of before the vote on a pending motion to strike the section. Deschler
Ch 27 Sec. 24.3. After the first perfecting amendment has been
disposed of, another may be offered and the vote on the motion to
strike is again deferred until the amendment is disposed of. Deschler
Ch 27 Sec. 24.5. If the perfecting amendment as adopted changes all
the text proposed to be stricken, the motion to strike necessarily
falls and is not voted on. Deschler Ch 27 Sec. 24.15. The principle of
perfecting text before considering an amendment striking it from the
bill is followed even where the motion to strike is improperly drafted
as a second-degree amendment. Deschler Ch 27 Sec. 24.12.

Sec. 32 . Substituting Amendments

Substitute Amendments

A substitute for an amendment is not voted on until after
amendments to the amendment have been disposed of. 8 Cannon Sec. 2895.
If the substitute is rejected, the amendment is open to further
amendment; if the substitute is adopted, the question recurs on the
amendment as amended by the substitute. Deschler Ch 27 Sec. 25.1.
Thus, where an amendment in the nature of a substitute to a bill is
amended by the adoption of a substitute therefor, the question recurs
on the amendment in the nature of a substitute, as amended. Deschler
Ch 27 Sec. 25.2. The defeat of the amendment as amended by the
substitute results in the rejection of the language included in the
substitute as amended. Deschler Ch 27 Sec. 23.

Amendments in the Nature of a Substitute

An amendment in the nature of a substitute for a bill may be
proposed before perfecting amendments to the pending portion of the
original text have been offered or acted on, but may not be voted on
until after such perfecting amendments have been disposed of. 5 Hinds
Sec. 5787; 8 Cannon Sec. 2896; Deschler Ch 27 Sec. 25. Thus, an
amendment in the nature of a substitute having been proposed,
amendments to the portion of the original text

[[Page 47]]

that have been read are in order and are voted on before the question
is taken on the substitute. 8 Cannon Sec. 2861.
Where a substitute--striking all of the text and inserting new
matter--for an amendment in the nature of a substitute is adopted, the
vote occurs immediately on the amendment, as amended, and no further
amendments to either proposition are in order, because the original
amendment has been changed in its entirety by the substitute. Deschler
Ch 27 Sec. 25.

Sec. 33 . Points of Order

Generally

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

Reserving Points of Order

It is within the discretion of the Chair whether to permit a
reservation of a point of order against an amendment, how long such a
reservation can be maintained, and whether to dispose of the point of
order before debate on the amendment. If a point of order is reserved,
the Chair, with the sufferance of the Committee of the Whole, may
permit debate by the proponent on the merits of the amendment before
hearing argument on the point of order. The Chair then has the
discretion to insist that the point of order be made following debate
by the proponent of the amendment and before recognition of other
Members. If the point of order is made rather than reserved, the
Member making the point of order is immediately recognized for
argument thereon. See Points of Order; Parliamentary Inquiries.

Reservation as Inuring to Other Members

One Member's reservation of a point of order against an amendment
protects the rights of all Members to insist on a point of order. The
reserving Member need not specify the basis of the reservation. The
reservation of the point of order inures to all Members, who may raise
other points of order before the intervention of further debate if the
original point of order is overruled or withdrawn. See Points of
Order; Parliamentary Inquiries.

[[Page 48]]

Sec. 34 . -- Timeliness

Generally

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

Effect of Intervening Amendment or Debate

A Member must exercise due diligence in raising a point of order.
A point of order against an amendment should be made or reserved
before the proponent of the amendment has been recognized to debate
the amendment. It cannot be raised after the proponent of the
amendment has been recognized and has begun debate. A point of order
against an amendment is not entertained where business has intervened
between the reading of the amendment and the making of the point of
order unless the intervening business is vacated. A unanimous-consent
request to modify the amendment does not constitute intervening
business. 106-1, Mar. 11, 1999, pp 4335-37. The re-reading of the
amendment by unanimous consent after there has been debate does not
permit the intervention of a point of order against the amendment. See
Points of Order; Parliamentary Inquiries.
Although a point of order against an amendment ordinarily comes
too late if debate has begun thereon, the Chair has recognized a
Member to make or reserve a point of order against an amendment where
the Member raising the point was standing, seeking recognition, at the
time the amendment was read. See Points of Order; Parliamentary
Inquiries; Deschler Ch 27 Sec. 1.

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

Clause 4 and clause 5(a) of rule XXI refer to points of order that
may be ``raised at any time.'' Clause 4 deals with appropriations in a
bill reported by committees not having jurisdiction to report
appropriations and prohibits amendments carrying appropriations during
consideration of a bill reported by a committee not having that
jurisdiction. Clause 5(a) is aimed at tax or tariff measures contained
in a bill reported by a committee not having that jurisdiction, or
amendments of the Senate or amendments in the

[[Page 49]]

House that are offered to a bill not reported therefrom. Points of
order under these rules must still be raised when the offending bill
or amendment is before the House for consideration. However,
intervening debate or amendments will not preclude a proper point of
order from being cognizable by the Chair when raised during the
pendency of the amendment under the five-minute rule. See Points of
Order; Parliamentary Inquiries.

Sec. 35 . Debate on Amendments

When general debate is closed in the Committee of the Whole, under
the five-minute rule the proponent of an amendment is allowed five
minutes in which to explain it, after which the Member who first
obtains the floor has five minutes in opposition. Clause 5 of rule
XVIII; Manual Sec. 978. These time limitations do not apply, of
course, where the measure is called up pursuant to a special order of
business that specifies other terms of debate. Under clause 3(c) of
rule XVII, a manager of a measure who opposes an amendment thereto is
entitled to close controlled debate thereon. See Consideration and
Debate.
Where all time for debate on a section of a bill and amendments
thereto has expired, amendments may still be offered to the section,
but are voted on without debate, except in certain cases where a
Member has caused an amendment to be printed in the Congressional
Record pursuant to clause 8 of rule XVIII. Deschler Ch 27 Sec. 14.9.
For a discussion of limiting debate on amendments, see Consideration
and Debate.

Sec. 36 . Withdrawal of Amendment

In the Committee of the Whole

Under clause 5(a) of rule XVIII, an amendment may not be withdrawn
in the Committee of the Whole except by unanimous consent, unless
withdrawal authority is conferred by the House. Manual Sec. Sec. 905,
978; 5 Hinds Sec. Sec. 5221, 5753; 8 Cannon Sec. Sec. 2465, 2859;
Deschler Ch 27 Sec. 20.1. Thus, where a Member has been recognized by
the Chair to offer an amendment and the amendment has been reported by
the Clerk, unanimous consent is required to withdraw the amendment.
Deschler Ch 27 Sec. 20.4. However, unanimous consent is not required
to withdraw an amendment that is merely at the Clerk's desk and has
yet to be offered. Deschler Ch 27 Sec. 20.5.
Where a point of order is made or reserved against an amendment
and a unanimous-consent request is then made for the withdrawal of the
amendment, the Chair will first dispose of the unanimous-consent
request. Deschler Ch 27 Sec. 20.6.

[[Page 50]]

The withdrawal of an amendment by unanimous consent does not
preclude its being subsequently reoffered, and unanimous consent is
not required to reoffer the amendment if otherwise in order. Deschler
Ch 27 Sec. 20.10.

In the House

Although unanimous consent to withdraw an amendment is required in
the Committee of the Whole, an amendment in the House may be withdrawn
by the proponent at any time before a decision or amendment is
rendered thereon. Clause 6 of rule XVI. The same right to withdraw an
amendment exists in the House as in the Committee of the Whole and in
standing committees where general procedures in the House as in the
Committee of the Whole apply. Manual Sec. 905.

Sec. 37 . Modification of Amendment

The proponent of an amendment may modify such amendment only by
unanimous consent. Deschler Ch 27 Sec. Sec. 21.1-21.3. However, where
there is pending an amendment and a substitute therefor, the Member
who offered the original amendment may also offer an amendment to the
substitute, such action not constituting an amendment to one's own
amendment. Deschler Ch 27 Sec. 21.4. A unanimous-consent request may
be entertained in the Committee of the Whole to permit the
modification of a designated amendment made in order by a ``modified-
closed'' special order of business, once pending. Manual Sec. 993.
The modification of a pending amendment by its proponent should be
offered before the amendment is voted on. 106-2, Mar. 29, 2000, p
4017. However, in one instance, pending a request for a recorded vote
following a voice vote on an amendment, the Committee of the Whole, by
unanimous consent, vacated the Chair's putting of the question on the
amendment so as to permit its modification. Deschler Ch 27 Sec. 21.7.
The fact that a decision of the Chair is pending on a point of
order against an amendment does not necessarily preclude a request by
its proponent that it be modified. Deschler Ch 27 Sec. 21.6. However,
the Chair or any Member may insist that a proposed modification be
submitted in writing and read by the Clerk. Deschler Ch 27 Sec. 21.8.
In the event of objection to a unanimous-consent request to modify
a pending amendment, any Member--other than the proponent of the
amendment--may offer a proper amendment thereto. Deschler Ch 27
Sec. 21.10. Indeed, a request to modify an amendment, when made by a
Member who is not the proponent thereof, is sometimes treated as a
motion to amend

[[Page 51]]

rather than as a unanimous-consent request. 99-1, Dec. 5, 1985, pp
34730, 34731.

F. Effect of Adoption or Rejection; Changes After Adoption

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

Generally

It is fundamental that it is not in order to amend an amendment
previously agreed to. Manual Sec. Sec. 468-474; 8 Cannon Sec. 2856;
Deschler Ch 27 Sec. 29.2. Once the text of a bill has been perfected
by amendment, the perfected text cannot thereafter be amended.
Deschler Ch 27 Sec. 29.8. Similarly, the adoption of an amendment to a
substitute precludes further amendment to those portions of the
substitute so amended. Manual Sec. 469; see Sec. 41, infra.
However, in order for an amendment to be ruled out of order on the
ground that its substance has already been passed on by the House, the
language thereof must be practically identical to that of the
proposition already acted on. 5 Hinds Sec. 5760; 8 Cannon Sec. 2839;
Deschler Ch 27 Sec. 29.1. The precedents do not preclude the offering
of an amendment merely because it is similar to, or achieves the same
effect as, an amendment previously agreed to. Manual Sec. 466.
Although it is not in order to reinsert precise language stricken by
amendment, an amendment similar but not identical to the stricken
language may be offered if germane to the pending portion of the bill.
A simple change in substance in the words sought to be inserted, such
as changing the word ``shall'' to ``may,'' allows the amendment to be
offered. Deschler Ch 27 Sec. 31.8.

Effect of Inconsistency

The Chair will not rule out an amendment as being inconsistent
with an amendment previously adopted, as the consistency of amendments
is a question for the House to determine by its vote on the amendment.
Manual Sec. 466; Deschler Ch 27 Sec. 29.23. It follows that an
amendment is not subject to a point of order that its provisions are
inconsistent with a section of the bill already considered under the
five-minute rule. Deschler Ch 27 Sec. 29.25.

Amendments Negating Proposition Previously Adopted

The Committee of the Whole may not amend a section of a bill
already passed during the reading. However, it may adopt an amendment
to a later section that has the effect of negating the provisions of
the earlier section because the Committee of the Whole may consider a
subsequent amendment

[[Page 52]]

which contradicts a proposition previously agreed to. Deschler Ch 27
Sec. Sec. 29.20, 29.26.

Changes Following Amended Text

The adoption of a perfecting amendment only precludes further
amendments changing the perfected text; amendments are in order that
add language to an unamended portion at the end of the amended text.
Manual Sec. 469. Likewise, the adoption of an amendment inserting a
new subsection in a bill does not preclude consideration of another
amendment inserting another new subsection immediately thereafter
which does not textually change the amendment already agreed to.
Deschler Ch 27 Sec. 29.21.

The ``Bigger Bite'' Rule

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

Effect of Special Orders of Business

The general principle that an amendment may not be offered which
directly changes an amendment already agreed to does not apply where
the House has adopted a special order of business permitting
amendments to be offered even if changing portions of amendments
already agreed to. Deschler Ch 27 Sec. 29.48. In addition, where a
special order of business permits a motion to recommit ``with or
without'' instructions, a motion to recommit may include an amendment
that changes an amendment already adopted by the House. See Sec. 47,
infra.

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

It is not in order to offer an amendment merely striking an
amendment previously agreed to. 94-1, Aug. 1, 1975, pp 26946, 26947.
For example, where by amendment a new paragraph or section has been
added to the text,

[[Page 53]]

it is not in order to offer an amendment that merely strikes that new
paragraph or section. Manual Sec. 474; Deschler Ch 27 Sec. 30.10.
On the other hand, the adoption of a perfecting amendment to a
portion of the text of a bill does not preclude a vote on a pending
motion to strike the entire text as amended. Deschler Ch 27 Sec. 30.4.
Similarly, although a provision inserted by amendment may not
thereafter be stricken, a motion to strike more than the provision
previously inserted is in order. Deschler Ch 27 Sec. 30.7.
Although the adoption of an amendment changing all the text of a
section precludes a vote on a pending motion to strike that section,
the motion to strike will still be voted on where the perfecting
amendment to the section changes some but not all of that text.
Deschler Ch 27 Sec. 30.3. However, in this situation another
perfecting amendment to strike the remainder of the section not yet
perfected may be offered and voted on before the motion to strike the
entire section and, if adopted, the motion to strike the section falls
and is not voted on, the whole text having been changed. Deschler Ch
27 Sec. 30.14.
The adoption of a perfecting amendment to part of a section does
not preclude a motion to strike the section and insert new text.
Deschler Ch 27 Sec. 30.12. Similarly, the adoption of a perfecting
amendment inserting language at the end of a paragraph does not
preclude an amendment striking the entire perfected paragraph and
inserting new language. Deschler Ch 27 Sec. 30.15. However, where a
bill is being read by section, and committee amendments adding new
sections at the end of a bill have been adopted, an amendment
proposing to strike a section of the original bill and the new
sections is not in order. Deschler Ch 27 Sec. 30.9.

Sec. 40 . Effect of Adoption of Motions to Strike

Adoption of Motion to Strike

A motion to strike a section of a bill, if adopted by the
Committee of the Whole, strikes the entire section including a
provision that was added as a perfecting amendment to that section.
Adoption by the Committee of the amendment striking the section
vitiates the Committee's prior adoption of perfecting amendments to
that section, and only the motion to strike is reported to the House.
Deschler Ch 27 Sec. Sec. 31.1, 31.2. The bill returns to the form as
originally introduced upon rejection by the House of the amendment
reported by Committee. Deschler Ch 27 Sec. 31.3. Where an amendment
has been adopted striking language in a bill, a perfecting amendment
to the stricken language comes too late and is not in order. Deschler
Ch 27 Sec. 31.9.

[[Page 54]]

Although it is not in order to reinsert precise language stricken
by amendment, an amendment similar but not identical to the stricken
language may be offered if germane to the pending portion of the bill.
Deschler Ch 27 Sec. 31.6. See also Manual Sec. 468; 5 Hinds 5760.

Adoption of Motion to Strike and Insert

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

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

The adoption of an amendment in the nature of a substitute ends
the amendment stage; and further amendment is not in order, including
pro forma amendments for debate. Deschler Ch 27 Sec. Sec. 32.1, 32.2,
32.22. Thus, absent a special order of business to the contrary, the
adoption of an amendment in the nature of a substitute precludes the
offering of another. Deschler Ch 27 Sec. 32.4. Debate having been
closed, adoption of the amendment causes the stage of amendment to be
passed and amendments--though printed in the Congressional Record--
cannot thereafter be offered. Deschler Ch 27 Sec. 32.3.
The adoption of an amendment in the nature of a substitute, as
amended by a substitute, precludes further amendment to the amendment
and to the bill. Deschler Ch 27 Sec. 32.8. When the substitute is
agreed to, the question recurs immediately on the amendment as amended
by the substitute, and further perfecting amendments to the amendment
(including pro forma amendments) are not then in order. Deschler Ch 27
Sec. 32.22.

[[Page 55]]

Sec. 42 . Amendments Pertaining to Monetary Figures

When a specific amendment to a monetary figure in a bill has been
agreed to, further amendment of that specific sum is not in order.
Deschler Ch 27 Sec. Sec. 33.1-33.3; Manual Sec. 455. However, an
amendment inserted following the figure agreed upon and providing
funds ``in addition thereto'' is in order. Deschler Ch 27 Sec. 33.13.
An amendment adding a new section having the indirect effect of
changing amended amounts in the bill may also be in order. Deschler Ch
27 Sec. 33.10. In recent practice an amount in an appropriation bill
has been changed by inserting a parenthetical ``increased by'' or
``decreased by'' after the amount rather than by directly changing the
figure in order to avoid such a point of order. Manual Sec. 455.
Where the Committee of the Whole has adopted an amendment changing
the total figure in a paragraph of an appropriation bill, it is not in
order to further amend such figure. Deschler Ch 27 Sec. 33.9.
Although it is not in order to offer an amendment merely changing
an amendment already adopted, it is in order to offer a subsequent
amendment more comprehensive than the amendment adopted, changing
unamended portions of the bill as well. Deschler Ch 27 Sec. 33.7
(note); Sec. 38, supra. Thus, after adoption of amendments changing
monetary figures in a bill, an amendment making a general percentage
reduction in all figures contained in the bill and indirectly
affecting those figures, is still in order. Deschler Ch 27 Sec. 33.10.
Likewise, the adoption of a perfecting amendment to a concurrent
resolution on the budget changing several figures would preclude
further amendment merely changing those amended figures but would not
preclude more comprehensive amendments changing other portions of the
resolution which had not been amended. Deschler Ch 27 Sec. 29.47.
Although it may be in order to offer an amendment to the pending
portion of the bill that changes not only a provision already amended
but also an unamended pending portion of the bill, it is not in order
merely to amend a figure already amended. Even if the amendment also
changes other matter not already amended (including where it is
drafted to address figures as though the earlier amendment had not
been adopted), it is still out of order. Manual Sec. 469.
Members have offered ``fetch-back'' amendments to appropriation
bills, which are new paragraphs inserted to change amounts contained
in previous paragraphs. ``Fetch-back'' amendments may be in order as
long as the amendment is germane to the portion of the bill to which
offered and amounts only to a reduction of funds contained in previous
paragraphs. See, e.g., 106-1, Aug. 5, 1999, pp 20143, 20144. However,
a ``fetch-back'' amendment increasing an amount contained in a prior
paragraph must be

[[Page 56]]

supported by an authorization. Such support is necessary because the
precedents that admit a germane perfecting amendment to an
unauthorized item permitted to remain deal with actual changes in the
figure permitted to remain and not with the insertion of new matter
beyond that permitted to remain. Manual Sec. 1058; see Appropriations.

Sec. 43 . Effecting Changes by Unanimous Consent

By unanimous consent, it is in order to amend an amendment which
has already been agreed to. Deschler Ch 27 Sec. 34.1. For example,
unless otherwise restricted by a special order of business governing
consideration of a measure (Manual Sec. 993), the Committee of the
Whole may by unanimous consent:

Permit Members to offer amendments to change an amended figure
in an appropriation bill. Deschler Ch 27 Sec. 34.7.
Permit a previously adopted amendment to an amendment to be
considered as adopted instead to a pending substitute for the
underlying amendment. 99-2, Aug. 5, 1986, pp 19107, 19108.
Permit a modification of an amendment by its proponent. Manual
Sec. 993.
Permit a page reference to be included in a designated printed
amendment made in order under a special order of business where
the printed amendment did not include that reference. Manual
Sec. 993.

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

Sec. 44 . Amendments Previously Considered and Rejected

Generally

It is not in order to offer an amendment identical to one
previously rejected. Deschler Ch 27 Sec. Sec. 35.1, 35.2. However, an
amendment that raises the same question by the use of different
language may be admissible. Deschler Ch 27 Sec. 35. An amendment
similar but not identical to one previously rejected may be considered
if a substantive change has been made. Deschler Ch 27 Sec. Sec. 35.3,
35.4. Rejection of an amendment changing a figure in a bill does not
preclude the offering of a different amendment to that provision.
Deschler Ch 27 Sec. 35.21.
An amendment in different form may be entertained even though its
effect may be similar to that of a rejected amendment. Deschler Ch 27
Sec. Sec. 35.11, 35.13. Thus, in one instance, after an amendment
containing a limitation on the use of funds in an appropriation bill
had been rejected, the

[[Page 57]]

Chair held that another amendment--containing a similar limitation and
also stating an exception from that limitation--was not an identical
amendment and therefore could be offered. Deschler Ch 27 Sec. 35.18.
Presiding officers have been reluctant to rule out an amendment as
dilatory merely because of its similarity to one previously rejected.
Deschler Ch 27 Sec. 35.7.
A motion offered as a substitute for an amendment and rejected may
be offered again as a separate amendment. Deschler Ch 27 Sec. 35.8.
Similarly, a proposition offered as an amendment to an amendment and
rejected may be offered again, in identical form, as an amendment to
the bill. Deschler Ch 27 Sec. 35.9.
A portion of a rejected amendment may be subsequently offered as a
separate amendment if presenting a different proposition. Thus,
rejection of an amendment consisting of two sections does not preclude
one of those sections being subsequently offered as a separate
amendment. Deschler Ch 27 Sec. 35.17.

Rejection of Motion to Strike

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

Rejection of En Bloc Amendments

Rejection of several amendments considered en bloc by unanimous
consent does not preclude their being offered separately at a
subsequent time. Deschler Ch 27 Sec. 35.15. It follows that where an
amendment to a figure in a bill considered en bloc with other
amendments has been rejected, no point of order lies against a
subsequent amendment to that figure which specifies a different amount
and which is offered as a separate amendment. Deschler Ch 27
Sec. 33.16.

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

Sec. 45 . In General; Voting

Generally

Only amendments adopted in the Committee of the Whole are reported
to the House. All amendments so reported stand on an equal footing and
must be voted on by the House, notwithstanding inconsistencies among

[[Page 58]]

them, and are subject to amendment in the House unless the previous
question is ordered. 4 Hinds Sec. Sec. 4871, 4881; 8 Cannon Sec. 2419.
However, under modern practice, the previous question is ordered by
special order of business upon the rising and reporting of the
Committee of the Whole. Where in the unusual case it is in order to
submit additional amendments to the pending bill, the first question
is on the amendments reported from the Committee of the Whole. 4 Hinds
Sec. 4872.

Kinds of Amendments Reported to the House

Some amendments adopted in the Committee are not reported to the
House. Pursuant to a practice originating in the 19th Congress (1825),
the Committee reports amendments only in their perfected form. 4 Hinds
Sec. 4904; Deschler Ch 27 Sec. 36.1. Thus, if the Committee of the
Whole perfects a bill by adopting certain amendments and then adopts
an amendment striking those provisions and inserting a new text, only
the adopted motion to strike and insert is reported to the House.
Deschler Ch 27 Sec. Sec. 36.5, 36.13. Similarly, the adoption by the
Committee of an amendment striking a section of a bill vitiates the
Committee's prior adoption of perfecting amendments to that section,
so that only the motion to strike is reported to the House. Deschler
Ch 27 Sec. 31.2. However, when the bill is being considered under a
special order of business permitting separate consideration in the
House of any amendments adopted in the Committee, all amendments
adopted in the Committee are reported to the House, regardless of
their inconsistency. Deschler Ch 27 Sec. 36.13.

Demanding a Separate Vote

Although the House may act at once on all the amendments to a bill
reported from the Committee of the Whole en gros, it is the right of
any Member to demand a separate vote on any reported first-degree
amendment. 4 Hinds Sec. Sec. 4893, 4894; 8 Cannon Sec. 2419. However,
a special order of business may prohibit a demand for separate votes
on sundry amendments, requiring all amendments to be acted upon en
gros. In the absence of a special order of business providing
therefor, a separate vote may not be had in the House on an amendment
to an amendment which has been adopted by the Committee of the Whole.
Deschler Ch 27 Sec. 36.6. This principle precludes a separate vote in
the House on an amendment to an amendment in the nature of a
substitute adopted in the Committee. Deschler Ch 27 Sec. 36.8. Because
the Committee in reporting a bill with an amendment to the House
reports such amendment in its perfected form, it is not in order in
the House to have a separate vote upon each perfecting amendment to
the amendment

[[Page 59]]

that has been agreed to in the Committee absent a special order of
business providing to the contrary. Deschler Ch 27 Sec. 36.
A special order of business may, of course, provide for separate
votes on second-degree amendments. Deschler Ch 27 Sec. 36. However,
where separate votes are permitted, only those amendments reported to
the House from the Committee of the Whole are voted on; it is not in
order to demand a separate vote in the House on amendments rejected in
the Committee. Deschler Ch 27 Sec. 36.12. The House theoretically has
no information as to actions of the Committee of the Whole on
amendments not reported therefrom. Deschler Ch 27 Sec. 36.
Where a special order of business permits a demand in the House
for a separate vote on an amendment adopted to an amendment in the
nature of a substitute for a bill reported from the Committee of the
Whole, the Speaker inquires whether a separate vote is demanded before
putting the question on the amendment in the nature of a substitute.
Deschler Ch 27 Sec. 36.14. A Member must demand the separate vote
before the question is taken on the substitute. Deschler Ch 27
Sec. 36.18. A demand in the House for a separate vote on an amendment
to the amendment comes too late after the amendment, as amended, has
been agreed to. Deschler Ch 27 Sec. 36.19.

En Bloc Amendments

Where the Committee of the Whole reports a bill back to the House
with amendments, some of which were considered en bloc pursuant to a
special order of business, the en bloc amendments may be voted on
again en bloc on a demand for a separate vote. Deschler Ch 27
Sec. 36.27. A separate vote being demanded, the Chair puts the
question separately on the amendments en bloc in the House, where no
Member demands a division of the question. Deschler Ch 27 Sec. 36.28.
However, another amendment separately considered in Committee may not
be voted on with the en bloc amendments in the House (absent unanimous
consent). Deschler Ch 27 Sec. 36.27.
For division of an amendment for voting, see Voting.

Order of Consideration

When demand is made for separate votes in the House on several
amendments adopted in the Committee of the Whole, such amendments are
read and voted on in the House in the order in which they appear in
the bill as reported from the Committee of the Whole--not in the order
in which agreed to in Committee or in which demanded in the House.
Manual Sec. 337; Deschler Ch 27 Sec. Sec. 36.16, 37.1. However, where
a special order of business prescribes the order for consideration of
amendments (with the bill being considered as read) in the Committee
of the Whole, then separate

[[Page 60]]

votes demanded in the House on adopted amendments are taken in that
same order, regardless of the order in which the amendments may appear
in the bill. Manual Sec. 337.
Where a special order of business provides for a separate vote on
an amendment to an amendment in the nature of a substitute reported
from the Committee of the Whole, the Speaker puts the question first
on the amendment on which a separate vote is demanded, then on the
amendment in the nature of a substitute, as amended. Deschler Ch 27
Sec. 37.6.

Sec. 46 . Effect of Rejection of Amendment

Generally

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

Rejection of Motion to Strike

Where the Committee of the Whole adopts perfecting amendments to
the language of a bill and then agrees to an amendment striking that
language, only the latter amendment is reported to the House. In the
event of its rejection by the House, the original language, and not
the perfected text, is before the House. Deschler Ch 27
Sec. Sec. 38.3, 38.8. However, the practice may be otherwise where the
House is operating under a special order of business allowing separate
votes in the House on any amendment adopted in the Committee of the
Whole. As indicated elsewhere (Sec. 45, supra), under such a rule all
amendments adopted in Committee to the amendment are reported to the
House regardless of their inconsistency. The House may retain a
section as perfected in the Committee of the Whole by first adopting
on separate votes the perfecting amendments to the section and then
rejecting on a separate vote the motion to strike that section.
Deschler Ch 27 Sec. 38.11 (note).

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

The House may recommit a bill to committee with instructions to
report it back ``forthwith'' with an amendment. 5 Hinds Sec. 5545. In
such cases the

[[Page 61]]

chair of the committee reports the amendment at once without awaiting
committee action. 5 Hinds Sec. Sec. 5545-5547. Instructions to report
``forthwith'' accompanying a motion to recommit must be complied with
immediately. Manual Sec. 1002b. However, it is not in order to propose
as instructions anything that might not be proposed directly as an
amendment, such as to propose an amendment that is not germane to the
bill, or to propose an amendment containing legislation or a
limitation on a general appropriation bill not in order in the
Committee of the Whole. Manual Sec. 1002b; 5 Hinds Sec. Sec. 5529-
5541; 8 Cannon Sec. Sec. 2705, 2712.
A motion to recommit may not include instructions to modify any
part of an amendment previously agreed to by the House. 8 Cannon
Sec. Sec. 2720, 2721, 2740; Deschler Ch 27 Sec. 32.5. However, where a
bill is being considered under a special order of business permitting
a motion to recommit ``with or without instructions,'' a motion to
recommit may include an amendment which changes an amendment already
adopted by the House, even where the House has adopted an amendment in
the nature of a substitute. Clause 6(c) of rule XIII precludes the
Committee on Rules from reporting a rule that would prevent a motion
to recommit a bill or joint resolution with or without instructions if
offered by the Minority Leader or a designee. See generally Refer and
Recommit.
The rejection of an amendment in the Committee of the Whole does
not preclude the offering of the same amendment in the House in a
motion to recommit with instructions. Deschler Ch 27 Sec. 35.27.

H. Amendments to Titles and Preambles

Sec. 48 . In General

Amending Titles

Amendments to the title of a bill are not in order until after
passage of the bill, and are then voted upon without debate. Deschler
Ch 24 Sec. 9.4; Deschler Ch 27 Sec. 19.1; clause 6 of rule XVI. An
amendment in the Committee of the Whole proposing an amendment to the
title is not in order. Manual Sec. 922; Deschler Ch 27 Sec. 19.4.
Committee amendments to the title of a bill are automatically reported
by the Clerk after passage of the bill, although an amendment to a
committee amendment to the title may be offered from the floor.
Deschler Ch 27 Sec. 19.6.

Amending Preambles of Joint Resolutions

In the Committee of the Whole, amendments to the preamble of a
joint resolution are considered following disposition of any
amendments to the

[[Page 62]]

body of the resolution. Deschler Ch 27 Sec. Sec. 19.7, 19.8; Manual
Sec. 414. In the House an amendment to the preamble of a joint
resolution reported from Committee of the Whole is considered
following engrossment and before the third reading of the resolution.
4 Hinds Sec. 3414; Deschler Ch 27 Sec. 19.9.
An amendment to the preamble of a Senate joint resolution is
considered after disposition of amendments to the text of the joint
resolution and pending the third reading. 97-1, Nov. 19, 1981, pp
28208, 28209.

Amending Preambles of Simple or Concurrent Resolutions

Amendments to the preamble of a simple or concurrent resolution
are considered and voted on in the Committee of the Whole after
amendments to the body of the resolution. Amendments to the preamble
of such a resolution are voted on in the House after the resolution
has been adopted. 7 Cannon Sec. 1064; Deschler Ch 27 Sec. Sec. 19.11-
19.13. In the House the previous question is ordered separately on the
preamble after adoption of the resolution if amendments to the
preamble are offered. Deschler Ch 24 Sec. 9.9. The motion for the
previous question may be applied at once to both a resolution and its
preamble. 105-2, Feb. 12, 1998, pp 1333, 1334.

[[Page 63]]

CHAPTER 3
APPEALS

HOUSE PRACTICE

Sec. 1. In General; Forms
Sec. 2. When in Order
Sec. 3. When Not in Order
Sec. 4. Debate on Appeal
Sec. 5. Motions
Sec. 6. Withdrawal
Sec. 7. Effect of Adjournment
Research References
5 Hinds Sec. Sec. 6877, 6938-6952
8 Cannon Sec. Sec. 3435, 3452-3458
Deschler-Brown Ch 31 Sec. 13
Manual Sec. Sec. 379, 627-629, 641, 884, 902, 903

Sec. 1 . In General; Forms

The right to appeal from a decision of the Chair on a question of
order is derived from the English Parliament and is recognized under
clause 5 of rule I, which dates from 1789. Manual Sec. Sec. 379, 627,
629. This right of appeal, which may be invoked by any Member,
protects the House against arbitrary control by the Speaker. 5 Hinds
Sec. 6002.

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

An appeal is debatable but is subject to the motions for the
previous question and to table in the House. Sec. Sec. 4, 5, infra. In
the Committee of the Whole, an appeal is subject to the motion to
limit debate and to rise and close debate in the House. Manual
Sec. 629.
The vote on an appeal may be taken by record vote. 98-2, June 26,
1984, p 18861. A majority vote sustains the ruling. Manual Sec. 971.
The weight of precedent indicates that a tie vote (especially where
the Chair has not voted to make the tie) sustains the ruling as well.
4 Hinds Sec. 4569; 5 Hinds Sec. 6957. The Chair may vote to make or
break a tie and may cast a

[[Page 64]]

vote in favor of the decision. 4 Hinds Sec. 4569; 5 Hinds
Sec. Sec. 5686, 6956. An appeal from a ruling of the Chair goes only
to the propriety of the ruling; the vote thereon should not be
interpreted as a vote on the merits of the issue at hand. Deschler-
Brown Ch 31 Sec. 13.2.

Sec. 2 . When in Order

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

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

An appeal may also be taken from the ruling of the chair of the
Committee of the Whole on a question of order. Manual Sec. 971. For
example, an appeal may be taken from a ruling of the Chair on the
germaneness of an amendment or that an amendment proposes to change a
portion of the bill already passed in the reading. Deschler-Brown Ch
31 Sec. 13.7; 105-1, Sept. 25, 1997, 20181.
An appeal is in order during a call of the House. 6 Cannon
Sec. 681.

Sec. 3 . When Not in Order

The Speaker's decision on a question of order is not subject to
appeal if the decision is one that falls within the discretionary
authority of the Chair. For example, an appeal may not be taken from
the following:

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

[[Page 65]]

Chair's announcement of the content of a catastrophic quorum
failure report by the Sergeant-at-Arms (or a designee). Clause
5(c)(5) of rule XX.

An appeal from a ruling of the Chair declining to consider the
question of the constitutionality of a provision is not in order. The
question of the constitutionality of a provision in a pending measure
is a matter for the House to determine by its vote on the merits,
rather than by voting on a possible appeal from the Chair's decision
declining to rule on that constitutional issue. Deschler-Brown Ch 31
Sec. 13.1.
An appeal from a ruling of the Chair is not in order if the effect
of the appeal, if sustained, would be to change a rule of the House,
such as where the underlying rule does not involve discretion on the
part of the Chair. Thus, the Speaker's refusal under clause 7(a) of
rule XX to entertain a point of order of no quorum when a pending
question has not been put to a vote is not subject to an appeal,
because that rule contains an absolute and unambiguous prohibition
against such a point of order. To allow an appeal in such a case would
permit a direct change in the rule itself. Deschler-Brown Ch 31
Sec. 13.5.

Untimely or Dilatory Appeals

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

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

Sec. 4 . Debate on Appeal

Appeals are customarily subject to debate, both in the House and
the Committee of the Whole (8 Cannon Sec. Sec. 3453-3455). However,
debate is not in order on an appeal from a ruling of the Chair on the
priority of business (Clause 6 of rule XIV; 5 Hinds Sec. 6952) or on a
ruling as to the relevancy of debate (5 Hinds Sec. Sec. 5056-5063).
Debate in the House on an appeal is under the hour rule but may be
closed at any time by the adoption of a motion for the previous
question or to lay on the table. Manual Sec. 629. Debate on an appeal
in the Committee of the Whole is under the five-minute rule and may be
closed by motion to close debate or to rise and report. 5 Hinds
Sec. Sec. 6947, 6950; 8 Cannon Sec. Sec. 2347, 3453-3455.

[[Page 66]]

Members may speak but once on appeal, unless by permission of the
House, the Chair alternating between those favoring and those
opposing. Manual Sec. 627; 8 Cannon Sec. 3455.
It is not in order in debating an appeal to discuss the merits of
the proposition under consideration at the time the decision was made.
5 Hinds Sec. 5055.

Sec. 5 . Motions

Although an appeal is debatable, it is normally disposed of in the
House without debate by a motion to lay the appeal on the table. If
the motion to table is adopted, the appeal is disposed of adversely
and the ruling of the Speaker is sustained. See Manual Sec. 706. The
House has tabled a motion to reconsider the vote whereby an appeal
from a decision of the Chair was laid on the table. Deschler-Brown Ch
31 Sec. 13.16. An appeal in Committee of the Whole may not be laid on
the table, because that motion does not lie in the Committee. 4 Hinds
Sec. 4719.
Other motions that may be offered pending an appeal include:

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

Sec. 6 . Withdrawal

An appeal may be withdrawn at any time before action thereon by
the House. 5 Hinds Sec. 5354. An appeal can be withdrawn before the
question is put on a motion to lay the appeal on the table. Deschler-
Brown Ch 31 Sec. 13.10. Ordering the yeas and nays on a motion to lay
an appeal on the table has been held sufficient House action as to
preclude withdrawal. 5 Hinds Sec. 5354.

Sec. 7 . Effect of Adjournment

An appeal pending at adjournment ordinarily comes up for
consideration on the next legislative day. 5 Hinds Sec. 6945. However,
an appeal pending at adjournment on a day set apart for Private
Calendar business and related to private business goes over to the
next day provided for consideration of business on the Private
Calendar. Where the House has adjourned and reconvened to meet again
on the same calendar day and the call of the

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Private Calendar is still in order, the appeal comes up as unfinished
business. 97-1, Nov. 17, 1981, pp 27772, 27773.

[[Page 69]]

CHAPTER 4
APPROPRIATIONS

HOUSE PRACTICE

I. Introductory

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

II. General Appropriation Bills

A. Introductory

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

B. Authorization of Appropriation

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

C. Authorization for Particular Purposes or Programs

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

[[Page 70]]

D. Authorization for Public Works

Sec. 24. In General
Sec. 25. Works in Progress
Sec. 26. -- What Constitutes a Work in Progress

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

A. Generally

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

B. Changing Prescribed Funding

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

C. Changing Executive Duties or Authority

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

D. The Holman Rule; Retrenchments

Sec. 46. In General; Retrenchment of Expenditures
Sec. 47. Germaneness Requirements; Application to Funds in Other Bills
Sec. 48. Reporting Retrenchment Provisions

[[Page 71]]

Sec. 49. Floor Consideration; Who May Offer

IV. Limitations on General Appropriation Bills

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

V. Reappropriations

Sec. 60. In General

VI. Reporting; Consideration and Debate

A. Generally

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

B. Senate Amendments

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

VII. Other Appropriation Measures

Sec. 72. In General; Continuing Appropriations

[[Page 72]]

Sec. 73. Supplemental Appropriations
Sec. 74. Appropriations for a Single Agency
Sec. 75. Consideration of Other Appropriation Measures

VIII. Appropriations in Legislative Bills

Sec. 76. In General
Sec. 77. What Constitutes an Appropriation in a Legislative Bill
Sec. 78. Points of Order; Timeliness
Sec. 79. -- Directing Points of Order Against Objectionable Language
Research References
U.S. Const. art. I, Sec. Sec. 7, 9
4 Hinds Sec. Sec. 3553-4018
7 Cannon Sec. Sec. 1116-1720
Deschler Chs 25, 26
Manual Sec. Sec. 143, 716, 717, 747, 853, 1035-1065, 1127,
1130(6A)

I. Introductory

Sec. 1 . In General; Constitutional Background

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

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

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

[[Page 73]]

All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with
Amendments as on other Bills.

The House has traditionally taken the view that this prerogative
encompasses the sole power to originate all general appropriation
bills. Deschler Ch 25 Sec. 13. On more than one occasion, the House
has returned to the Senate a Senate bill or joint resolution
appropriating money on the ground that it invaded the prerogatives of
the House. Deschler Ch 13 Sec. Sec. 20.2, 20.3. In 1962, when the
Senate passed a joint resolution continuing funds for the Department
of Agriculture, the House passed a resolution declaring that the
Senate's action violated article I, section 7 of the Constitution and
was an infringement of the privileges of the House. Deschler Ch 13
Sec. 20.2. In support of the view that the House has the sole power to
originate appropriation bills, it has been noted that at the time of
the adoption of the Constitution the phrase ``raising revenue'' was
equivalent to ``raising money and appropriating the same.'' S. Doc.
62-872.

Sec. 3 . Definitions; Kinds of Appropriation Measures

Generally

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

Types of Appropriation Acts

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

General appropriation bills provide budget authority to
departments and agencies, usually for a specified fiscal year.
Today, there are 12 regular appropriation Acts for each fiscal
year. See Sec. 6, infra.
A supplemental appropriation is an Act appropriating funds in
addition to those in the 12 regular annual appropriation Acts.
Supplemental appropriations provide additional budget authority
beyond the original estimates for an agency or program. Such a
bill may be used after the fiscal year has begun to provide
additional funding. Supplemental bills also may be general
bills within the meaning of rules XIII and XXI if covering more
than one agency. See Sec. 73, infra.

[[Page 74]]

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

Privileged and Nonprivileged Appropriations Distinguished

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

Member: M_. Speaker, by direction of the Committee on
Appropriations, I submit a privileged report for printing under the
rule.
Speaker: The Clerk will report the title. [After Clerk reports
title.] Referred to the Union Calendar and ordered printed. Pursuant
to clause 1 of rule XXI, all points of order are reserved.

Note: For a discussion of reserving points of order on
appropriation bills, see Sec. 65, infra.

Sec. 4 . Committee and Administrative Expenses

Generally

Funding for House committees is provided by resolutions that
allocate resources made available to the House in certain accounts in
annual Legislative Branch Appropriation Acts. Authorization for
payment may be obtained pursuant to clause 6 of rule X, which provides
detailed provisions for the consideration of a primary expense
resolution and for subsequent supplemental expense resolutions. With
the exception of the Committee on Appropriations, the rule applies to
``any committee, commission, or other entity.'' Manual Sec. 763; see
generally Committees.

[[Page 75]]

Under clause 1(b) of rule XI, the authority of all committees, and
other entities, to incur expenses, including travel expenses, is made
contingent upon adoption by the House of expense resolutions as
required under clause 6 of rule X.
Appropriations from accounts for committee salaries and other
administrative expenses of the House are under the jurisdiction of the
Committee on House Administration. Clause 1(k) of rule X; Manual
Sec. 724. A resolution reported by that committee providing for such
an expenditure is called up as privileged under clause 5(a) of rule
XIII. Such a resolution, if not reported by the committee, may be
called up and agreed to by unanimous consent. Deschler Ch 17 Sec. 4.
In recent years the resolution, although reported as privileged, has
been considered under a special order of business (105-1, Mar. 21,
1997, p 4672), under suspension of the rules (109-1, Apr. 27, 2005, p
7990) and by unanimous consent (112-1, Mar. 17, 2011, p __).

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

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

[[Page 76]]

provided in basic law. See Sec. 9, infra. This general rule is further
complicated by the fact that Congress may combine authorizations and
appropriations into ``omnibus'' or ``consolidated'' bills at the end
of a fiscal year. In addition, some spending, sometimes referred to as
direct spending, is controlled outside of the annual appropriations
process. It is composed of entitlement and other mandatory spending
programs. Such programs are either funded by provisions of the
permanent laws that created them or by annual appropriation Acts
providing liquidating cash or other funds mandated by law. See Budget
Process. Moreover, the authorization for a program may be derived not
from a specific law providing authority for that particular program
but from more general existing law--``organic'' law--mandating or
permitting such programs. Thus, a paragraph in a general appropriation
bill purportedly containing funds not yet specifically authorized by
separate legislation was upheld where it was shown that all of the
funds in the paragraph were authorized by more general provisions of
law currently applicable to the programs in question. Manual
Sec. 1045.

II. General Appropriation Bills

A. Introductory

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

Today, much of the Federal government is funded through the annual
enactment of 12 regular appropriation bills. The subjects of these
bills are determined by and coincide with the subcommittee
jurisdictional structure of the Committee on Appropriations. Typically
the 12 regular appropriation bills are identified as:

Agriculture, Rural Development, Food and Drug Administration,
and related agencies.
Commerce, Justice, Science, and related agencies.
Defense.
Energy and Water Development.
Financial Services and General Government.
Homeland Security.
Interior, Environment, and related agencies.
Labor-Health and Human Services-Education, and related
agencies.
Legislative Branch.
Military Construction, Veterans Affairs, and related agencies.
State, Foreign Operations, and related agencies.
Transportation, Housing and Urban Development, and related
agencies.

[[Page 77]]

The question as to what constitutes a general appropriation bill
is important because clause 2 of rule XXI, which precludes
unauthorized appropriations and legislation in appropriation bills
applies only to general appropriation bills. Manual Sec. 1044;
Deschler Ch 26 Sec. 1.1; Sec. 27, infra. In the House the 12 regular
appropriation bills and measures providing supplemental appropriations
to two or more agencies are general appropriation bills. Deschler Ch
25 Sec. 6; Deschler Ch 26 Sec. 1.3.
Measures that have been held not to constitute a general
appropriation bill include:

A joint resolution continuing appropriations for government
agencies pending enactment of the regular appropriation bills.
Deschler Ch 26 Sec. 1.2.
A joint resolution making supplemental appropriations for one
agency. Deschler Ch 25 Sec. 7.4.
A joint resolution making an appropriation to a department for
a specific purpose. Deschler Ch 25 Sec. 7.3.
A bill providing appropriations for specific purposes. 8
Cannon Sec. 2285.
A joint resolution providing an appropriation for a single
government agency even where permitting transfer of a portion
of those funds to another agency. Manual Sec. 1044.
A joint resolution reported from the Committee on
Appropriations transferring appropriated funds from one agency
to another. Manual Sec. 1044.
A joint resolution transferring unobligated balances to the
President to be available for specified purposes but containing
no new budget authority. Manual Sec. 1044.
A bill making supplemental appropriation for emergency
construction of public works. 7 Cannon Sec. 1122.

Sec. 7 . The Restrictions of Clause 2 of Rule XXI

Generally

Clause 2 of rule XXI contains two restrictions relative to
appropriation bills: it (1) prohibits the inclusion in general
appropriation bills of ``unauthorized'' appropriations, except for
works in progress, and (2) prohibits provisions ``changing existing
law''--usually referred to as ``legislation on an appropriation
bill''--except for provisions that retrench expenditures under certain
conditions, and except for rescissions of amounts provided in
appropriation Acts reported by the Committee on Appropriations. Manual
Sec. Sec. 1036, 1038. The ``retrenchment'' provision is known as the
Holman rule and is discussed in section 46, infra.
In practice, the concepts ``unauthorized appropriations'' and
``legislation on general appropriation bills'' sometimes have been
applied almost interchangeably as grounds for making points of order
pursuant to clause 2 of rule XXI. This occurs because an appropriation
made without prior au

[[Page 78]]

thorization has, in a sense, the effect of legislation, particularly
in view of rulings of long standing that a ``proposition changing
existing law'' may be construed to include the enactment of a law
where none exists. Deschler Ch 26 Sec. 1; see also Sec. 28, infra. The
two concepts are treated separately in this chapter, however, because
they derive from different paragraphs of clause 2 of rule XXI and
constitute distinct restrictions on the authority of the Committee on
Appropriations. Manual Sec. Sec. 1036, 1038.

Enforcement of Rule

As all bills making or authorizing appropriations require
consideration in the Committee of the Whole, it follows that the
enforcement of the rule would ordinarily occur during consideration in
the Committee of the Whole, where the Chair, on the raising of a point
of order, may rule out any portion of the bill in conflict with the
rule. Manual Sec. 1044; 4 Hinds Sec. 3811. Because portions of the
bill thus stricken are not reported back to the House, clause 1 of
rule XXI reserves points of order to empower the Committee of the
Whole to strike offending provisions without adopting an amendment to
that effect. The enforcement of the rule also can occur in the House.
For example, a motion to recommit a general appropriation bill may not
propose an amendment in violation of the rule. Deschler Ch 26
Sec. 1.4. It should be stressed, however, that the House may, through
various procedural devices, waive one or both requirements of the
rule, and thereby preclude the raising of such points of order against
provisions in the bill. See Sec. 68, infra.

Sec. 8 . Committee Jurisdiction and Functions

Generally

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

[[Page 79]]

Committee Reports

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

Sec. 9 . Duration of Appropriation

Annual Appropriations

The most common form of appropriation provides budget authority
for a single fiscal year. All of the 12 regular appropriation bills,
for example, are annual, although certain accounts may ``remain
available until expended.'' Where a bill provides budget authority for
a single fiscal year, the funds have to be obligated during the fiscal
year for which they are provided. The funds lapse if not obligated by
the end of that year. Indeed, unless an Act provides that a particular
fund shall be available beyond the fiscal year, appropriations are
made for one year only and any unused funds automatically go back into
the Treasury at the end of the current fiscal year. Norcross v. United
States, 142 Ct.Cl. 763 (1958).
An appropriation in a regular appropriation Act may be construed
to be permanent or available continuously only if the appropriation
expressly provides that it is available after the fiscal year covered
by the law in which it appears, or unless the appropriation is for
certain purposes such as public buildings. 31 USC Sec. 1301.
The fiscal year for the Federal government begins on October 1 and
ends on September 30. The fiscal year is designated by the calendar
year in which it ends.

Multi-year Appropriations

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

Permanent Appropriations

A permanent appropriation is budget authority that becomes
available as the result of previously enacted legislation and that
does not require cur

[[Page 80]]

rent action by Congress. Examples include the appropriations for
compensation of Members of Congress and the various trust funds for
which the obligational authority is already provided in basic law.
Pub. L. 97-51, Sec. 130(c); S. Doc. 105-18.

B. Authorization of Appropriation

Sec. 10 . In General; Necessity of Authorization

Generally

Clause 2(a) of rule XXI prohibits the inclusion in general
appropriation bills of ``unauthorized'' appropriations, except for
``public works and objects that are already in progress.'' Manual
Sec. 1036. The House may, however, waive this rule. See Sec. Sec. 67,
68, infra.

Authorization to Precede Appropriation

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

[[Page 81]]

Sec. 11 . Duration of Authorization

Generally; Renewals

Until recent years, many authorizations were permanent, being
provided for by the organic statute that created the agency or
program. Such statutes often include provisions to the effect that
there are hereby authorized to be appropriated ``hereafter'' such sums
``as may be necessary'' or ``as approved by Congress,'' to implement
the law, thereby requiring the appropriate budget authority to be
enacted each year in accordance with this permanent authorization.
See, e.g., Deschler Ch 26 Sec. 11.1.
The Congress often authorizes appropriations for only a certain
number of years at a time. For example, authorizations may extend for
two, five, or 10 years and may be renewed periodically. The trend
toward periodic authorizations is reflected in the rule adopted in
1970 that requires each standing committee to ensure that
appropriations for continuing programs and activities will be made
annually ``to the maximum extent feasible,'' consistent with the
nature of the programs involved. Programs for which appropriations are
not made annually may have ``sunset'' provisions that require their
review periodically to determine whether they can be modified to
permit annual appropriations. Clause 4 of rule X; Manual Sec. 755.

Sec. 12 . Sufficiency of Authorization

Generally

The term ``authorized by law'' in clause 2 of rule XXI is
ordinarily construed as a ``law enacted by the Congress.'' Manual
Sec. 1036. Statutory authority for the appropriation must exist.
Deschler Ch 25 Sec. 2.3. It has been held, for example, that a bill
passed by both Houses but not signed by the President or returned to
the originating House is insufficient authorization to support an
appropriation. 92-1, May 11, 1971, p 14471. Similarly, an executive
order does not constitute sufficient authorization in the absence of
proof of its derivation from a statute enacted by Congress. Deschler
Ch 26 Sec. 7.7. On the other hand, sufficient authorization for an
appropriation may be found to exist in a treaty that has been
ratified. 4 Hinds Sec. 3587; Deschler Ch 26 Sec. 17.9. Sufficient
authorization also may be found in legislation contained in a previous
appropriation Act that has become permanent law. Deschler Ch 25
Sec. 2.5.

Authorization From Specific Statutes or General Existing Law

Authorization for a program may be derived from a specific law
providing authority for that particular program or from a more general
existing

[[Page 82]]

law--``organic law''--authorizing appropriations for such programs.
Thus, a paragraph in a general appropriation bill purportedly
containing funds not yet specifically authorized by separate
legislation was held not to violate clause 2 of rule XXI, where it was
shown that all of the funds in the paragraph were authorized by more
general provisions of law currently applicable to the programs in
question. Deschler Ch 26 Sec. 10.8. Organic statutes or general grants
of authority in law constitute sufficient authorization to support
appropriations only where the general laws applicable to the function
or department in question do not require specific or annual
authorizations or a periodic authorization scheme has not subsequently
occupied the field. Manual Sec. 1045.
Similarly, a permanent law authorizing the President to appoint
certain staff, together with legislative provisions authorizing
additional employment contained in an appropriation bill enacted for
that fiscal year, constituted sufficient authorization for a lump-sum
supplemental appropriation for the White House for the same fiscal
year. Deschler Ch 25 Sec. 2.6. The legislative history of the law in
question may be considered to determine whether sufficient
authorization for the project exists. Deschler Ch 25 Sec. 2.7. The
lack of appropriations during a series of years for a program
previously authorized by law does not repeal the law, and it may be
cited as providing authorization for a subsequent appropriation. 4
Hinds Sec. 3595.
Some statutes expressly provide, however, that there may be
appropriated to carry out the functions of certain agencies only such
sums as Congress may thereafter authorize by law, thus requiring
specific subsequently enacted authorizations for the operations of
such agencies and not permitting appropriations to be authorized by
the ``organic statute'' creating the agency. Deschler Ch 26 Sec. 49.2
(note).

Effect of Prior Unauthorized Appropriations

An appropriation for an object unauthorized by law, however
frequently made in former years, does not warrant similar
appropriations in succeeding years, unless the program in question is
such as to fall into the category of a continuation of work in
progress, or unless authorizing legislation in a previous
appropriation Act has become permanent law. Manual Sec. Sec. 1036,
1045; 7 Cannon Sec. 1150; Sec. 25, infra.

Incidental Expenses; Implied Authorizations

A general grant of authority to an agency or program may be found
sufficiently broad to authorize items or projects that are incidental
to carrying out the purposes of the basic law. Deschler Ch 25
Sec. 2.10. An amendment proposing appropriations for incidental
expenses that contribute to the

[[Page 83]]

main purpose of carrying out the functions of the department for which
funds are being provided in the bill is generally held to be
authorized by law. Deschler Ch 26 Sec. 7.15. For example,
appropriations for certain travel expenses for the Secretary of the
Department of Agriculture were held authorized by law as necessary to
carry out the basic law setting up that department. Deschler Ch 25
Sec. 2.10.
On the other hand, where the authorizing law authorizes a lump-sum
appropriation and confers broad discretion on an executive in
allotting funds, an appropriation for a specific purpose may be ruled
out as inconsistent therewith. Deschler Ch 26 Sec. 15.5 (note); see
also 105-1, Sept. 8, 1997, p 18042. The appropriation of a lump sum
for a general purpose having been authorized, a specific appropriation
for a particular item included in such general purpose may be a
limitation on the discretion of the executive charged with allotment
of the lump sum and not in order on the appropriation bill. 7 Cannon
Sec. 1452. Such a limitation also may be ruled out on the ground that
it is ``legislation'' on an appropriation bill. See Sec. 43, infra. An
appropriation to pay a judgment awarded by a court is in order if such
judgment has been properly certified to Congress. Deschler Ch 25
Sec. 2.2.

Sec. 13 . Proof of Authorization; Burden of Proof

Burden of Proof Generally

Under House practice, those upholding an item of appropriation
have the burden of showing the law authorizing it. 4 Hinds Sec. 3597;
7 Cannon Sec. Sec. 1179, 1276. Thus, a point of order having been
raised, the burden of proving the authorization for language carried
in an appropriation bill falls on the proponents and managers of the
bill, who must shoulder this burden of proof by citing statutory
authority for the appropriation. Deschler Ch 25 Sec. 9.5; Deschler Ch
26 Sec. 9.4. The Chair may overrule a point of order upon citation to
an organic statute creating an agency, absent any showing that such
law has been repealed or amended to require specific annual
authorizations. Deschler Ch 26 Sec. 9.6; see also Sec. 27, infra.

Burden of Proof as to Amendment

The burden of proof to show that an appropriation contained in an
amendment is authorized by law is on the proponent of the amendment, a
point of order having been raised against the appropriation. Manual
Sec. 1044; Deschler Ch 26 Sec. Sec. 9.1, 9.2. If the amendment is
susceptible to more than one interpretation, it is incumbent upon the
proponent to show that it is not in violation of the rule. Manual
Sec. 1044a.

[[Page 84]]

Evidence of Compliance with Condition

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

Sec. 14 . Increasing Budget Authority

Increases within Authorized Limits

Authorizing legislation may place a ceiling on the amount of
budget authority that can be appropriated for a program or may
authorize the appropriation of ``such sums as are necessary.'' Absent
restrictions imposed by the budget process, it is in order to increase
the appropriation in an appropriation bill for a purpose authorized by
law if such increase does not exceed the amount authorized for that
purpose. Deschler Ch 25 Sec. Sec. 2.13, 2.15. An amendment proposing
simply to increase an appropriation for a specific purpose over the
amount carried in the appropriation bill does not constitute a change
in law unless such increase is in excess of that authorized. Deschler
Ch 25 Sec. 2.14. An amendment changing the figure in the bill to the
full amount authorized does not violate clause 2 of rule XXI. Deschler
Ch 25 Sec. 2.16. Likewise, if the authorization does not place a cap
on the amount to be appropriated, an amendment increasing the amount
of the appropriation for items included in the bill is in order.
Deschler Ch 25 Sec. 11.16.

Increases in Excess of Amount Authorized

An appropriation in excess of the specific amount authorized by
law may be in violation of clause 2 of rule XXI, the rule prohibiting
unauthorized appropriations. Deschler Ch 26 Sec. 21. Thus, where
existing law limited annual authorizations of appropriations for
incidental expenses of a program to $7,500, an appropriation for
$10,000 was held to be unauthorized and was ruled out on a point of
order. 94-1, Sept. 30, 1974, p 30981.
The rule that an appropriation bill may not provide budget
authority in excess of the amount specified in the authorizing
legislation has also been applied to:

An amendment proposing an increase in the amount of an
appropriation authorized by law for compensation of Members of
the House. Deschler Ch 26 Sec. 21.2.
A provision increasing the loan authorization for the rural
telephone program above the amount authorized for that purpose.
Deschler Ch 26 Sec. 33.3.

[[Page 85]]

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

Waiver of Ceiling

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

C. Authorization for Particular Purposes or Programs

Sec. 15 . In General

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

Appropriations for fiscal year 1979 for the Department of
Justice and its related agencies. Deschler Ch 26 Sec. 18.3.
An appropriation for expenses incident to the special
instruction and training of United States attorneys and United
States marshals, their assistants and deputies, and United
States commissioners. Deschler Ch 26 Sec. 18.1.
An appropriation for Coast Guard acquisitions, construction,
research, development, and evaluation. 95-1, June 8, 1977, pp
17945, 17946.
An appropriation for the U.S. Customs Service air interdiction
program. 98-2, June 21, 1984, pp 17693, 17694.
An appropriation for liquidation of contract authority to pay
costs of certain subsidies granted by the Maritime
Administration. 92-1, June 24, 1971, p 21901.
A provision permitting the Secretary of Labor and the
Secretary of Health, Education, and Welfare to use funds for
official reception and representation expenses. Deschler Ch 26
Sec. 20.19.
A provision making funds available for distribution of
radiological instruments and detection devices to States by
loan or grant for civil defense purposes. Deschler Ch 26
Sec. 20.1.

[[Page 86]]

A provision making funds available for reimbursements of
government employees for use by them of their privately owned
automobiles on official business. Deschler Ch 26 Sec. 20.6.
An appropriation for the American Revolution Bicentennial
Commission. 91-2, May 19, 1970, p 16165.
An appropriation for the National Cancer Institute where a
lapsed periodic authorization scheme had preempted reliance on
an organic statute as the source of authorization. 105-1, Sept.
9, 1997, p 18197.
An appropriation for the President to meet ``unanticipated
needs.'' Manual Sec. 1045.

The rulings cited in this division illustrate the application of
the rule requiring appropriations to be based on prior authorization
and are thus dependent on the state of current law at the time the
appropriation is considered.

Sec. 16 . Agricultural Programs

Held Authorized by Existing Law

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

Ruled Out as Unauthorized

An appropriation for a celebration of the centennial of the
establishment of the Department of Agriculture. Deschler Ch 26
Sec. 11.2.
A provision providing for the organization of a new bureau to
conduct investigations relating to agriculture. 4 Hinds
Sec. 3651.
A provision providing for cooperation by and with State
agriculture investigators. 4 Hinds Sec. 3650; 7 Cannon
Sec. Sec. 1301, 1302.
An appropriation to collect, compile, and analyze data
relating to consumer expenditures and savings. Deschler Ch 26
Sec. 11.7.

[[Page 87]]

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

Sec. 17 . Programs Relating to Business or Commerce

Held Authorized by Existing Law

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

Ruled Out as Unauthorized

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

Sec. 18 . Defense Programs

Held Authorized by Existing Law

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

[[Page 88]]

Ruled Out as Unauthorized

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

Sec. 19 . Funding for the District of Columbia

Held Authorized Under Existing Law

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

Ruled Out as Unauthorized

Appropriations for certain Federal office buildings in the
District of Columbia that were not approved by the Public Works
Committees of the House and Senate as required by the Public
Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
A provision permitting the use of funds by the Office of the
Corporation Counsel to retain professional experts at rates
fixed by the commissioner. Deschler Ch 26 Sec. 14.1.
An appropriation for the preparation of plans and
specifications for a new main library building in the District
of Columbia. Deschler Ch 26 Sec. 14.12.
An appropriation for the salary and expenses of the Office of
Director of Vehicles and Traffic out of the District Gasoline
Tax Fund. Deschler Ch 26 Sec. 14.14.

[[Page 89]]

A provision permitting the Commissioners of the District of
Columbia to purchase a municipal asphalt plant. Deschler Ch 26
Sec. 14.19.
An amendment making funds available for expenditure by the
American Legion in connection with its national convention.
Deschler Ch 26 Sec. 14.3.
An appropriation to reimburse certain District of Columbia
officials for services and expenses. 7 Cannon Sec. 1184.

Sec. 20 . Interior or Environmental Programs

Held Authorized Under Existing Law

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

Ruled Out as Unauthorized

An appropriation to enable the EPA to obtain reports as to the
probable adverse effect on the economy of certain Federal
environmental actions. Deschler Ch 26 Sec. 15.1.
An appropriation to the EPA to establish an independent review
board to review the priorities of the agency. Deschler Ch 26
Sec. 15.2.
A provision authorizing the Secretary of the Interior, in
administering the Bureau of Reclamation, to contract for
medical services for employees and to make certain payroll
deductions. Deschler Ch 26 Sec. 15.9.
An appropriation for the Division of Investigations in the
Department of the Interior, to be expended under the direction
of the Secretary, to meet unforeseen emergencies of a
confidential character. Deschler Ch 26 Sec. 15.12.
An appropriation ``out of the general funds of the Treasury''
(and not the reclamation fund) for investigations of proposed
Federal reclamation projects. Deschler Ch 26 Sec. 15.28.
A provision requiring that part of an appropriation for
general wildlife conservation be earmarked expressly for the
leasing and management of land for the protection of the
Florida Key deer. Deschler Ch 26 Sec. 15.5.
An appropriation for the National Power Policy Committee to be
used by the committee in the performance of functions
prescribed by the President. Deschler Ch 26 Sec. 15.7.

[[Page 90]]

Sec. 21 . Programs Relating to Foreign Affairs

Held Authorized by Existing Law

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

Ruled Out as Unauthorized

An amendment to earmark part of the appropriation for the
United States Information Agency to provide facilities for the
translation and publication of books and other printed matter
in various foreign languages. Deschler Ch 26 Sec. 17.7.
Appropriations for incidental and contingent expenses in the
consular and diplomatic service. 4 Hinds Sec. 3609.
An appropriation for the Foreign Service Auxiliary. Deschler
Ch 26 Sec. 17.14.
An appropriation for the salary of a particular U.S. minister
to a foreign country where the Senate had not confirmed the
appointee. Deschler Ch 26 Sec. 17.17.
An amendment providing funds for acquisition of sites and
buildings for embassies in foreign countries. 4 Hinds
Sec. 3606.

Sec. 22 . Legislative Branch Funding

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

[[Page 91]]

Held Authorized

Funds for employment of counsel to represent Members and to
appear in court officially. 7 Cannon Sec. 1311.
Funds for expenses incurred in contested election cases when
properly certified. 7 Cannon Sec. 1231.
Salaries for certain House employees. 91-1, Aug. 5, 1969, p
22197.
An increase in the salary of an officer of the House. 89-2,
Sept. 8, 1966, p 22020.
The salary of the Chief of Staff of the Joint Committee on
Internal Revenue Taxation. 92-2, Oct. 4, 1972, p 33744.
Salary adjustments for certain House employees. 92-2, Jan. 27,
1972, p 1531.
Overtime compensation for employees of the Publications
Distribution Service (Folding Room). 92-2, Mar. 2, 1972, p
6627.
Costs of stenographic services and transcripts in connection
with a meeting or hearing of a committee. Manual Sec. 789.
Certain costs associated with the organizational meeting of
the Democratic Caucus or Republican Conference. Manual
Sec. 1126.
The transfer of surplus prior-year funds to liquidate certain
current obligations of the House. Deschler Ch 25 Sec. 5.3.

Ruled Out as Unauthorized

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

Sec. 23 . Salaries and Related Benefits

Language in a general appropriation bill providing funding for
salaries that are not authorized by law is in violation of clause 2(a)
of rule XXI. Such propositions, whether to appropriate for salaries
not established by law or to increase salaries fixed by law, are out
of order either as unauthorized or as changing existing law. 4 Hinds
Sec. Sec. 3664-3667, 3676-3679; Deschler Ch 26 Sec. 43. The mere
appropriation for a salary for one year does not create an office so
as to justify appropriations in succeeding years. 4 Hinds
Sec. Sec. 3590, 3697. However, it has been held that a point of order
does not lie against a lump-sum appropriation for increased pay costs
as being unauthorized where language in the bill limits use of the
appropriation to pay costs ``authorized by or pursuant to law.''
Deschler Ch 25 Sec. 2.20.

[[Page 92]]

Ruled Out as Unauthorized

Funds for necessary expenses for a designated number of
officers on the active list of an agency. 98-2, May 31, 1984, p
14590.
Funds for salaries and expenses of the Commission on Civil
Rights above the amount authorized by existing law for that
purpose. 92-1, June 24, 1971, p 21902.
Funds for salaries and expenses of additional inspectors in
the U.S. Customs Service. 98-2, Aug. 1, 1984, pp 21904, 21905.
A salary of $10,000 per year for the wife of the President for
maintaining the White House. Deschler Ch 26 Sec. 20.13.

D. Authorization for Public Works

Sec. 24 . In General

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

Held Authorized by Existing Law

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

Ruled Out as Unauthorized

Language providing an additional amount for construction of
certain public buildings. Deschler Ch 26 Sec. 19.1.
Appropriations for certain Federal office buildings in the
District of Columbia where not approved by the Public Works
Committees of the House and Senate as required by the Public
Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
An appropriation for construction of a connecting highway
between the United States and Alaska. Deschler Ch 26 Sec. 19.5.

[[Page 93]]

An amendment making part of an appropriation to the Army Corps
of Engineers for flood control available for studying specified
work of the Bureau of Reclamation. Deschler Ch 26 Sec. 19.8.
A provision appropriating certain trust funds for expenses
relating to forest roads and trails. Deschler Ch 26 Sec. 28.2.

Sec. 25 . Works in Progress

Clause 2(a) of rule XXI, the rule that bars appropriations not
previously authorized by law, provides for an exception for
appropriations for ``public works and objects that are already in
progress.'' Manual Sec. 1036. Thus, when the construction of a public
building has commenced and there is no limit of cost, further
appropriations may be made under the exception for works in progress.
Deschler Ch 26 Sec. 8.1. The exception for works in progress under
rule XXI may apply even though the original appropriation for the
project was unauthorized. 7 Cannon Sec. 1340; Deschler Ch 26 Sec. 8.2.
Historically, the works-in-progress exception has been applied
only to projects funded from the general fund of the Treasury for
which no authorization has been enacted. It does not apply to language
changing existing law by extending the authorized availability of
funds or in contravention of law restricting use of a special fund. An
appropriation for construction that is in violation of existing law,
which exceeds the limit fixed by law, or is governed by a lapsed
authorization is not permitted under the works-in-progress exception
of rule XXI. Manual Sec. 1048; 4 Hinds Sec. Sec. 3587, 3702; 7 Cannon
Sec. 1332.
The tendency of later decisions is to narrow the application of
the exception under clause 2(a) of rule XXI making in order
appropriations for works in progress. 7 Cannon Sec. 1333. The work in
question, to qualify under the rule, must have moved beyond the
planning stage. 7 Cannon Sec. 1336. To come within the terms of the
rule, it must be actually ``in progress,'' according to the usual
significance of those words, with actual work having been initiated. 4
Hinds Sec. 3706; Deschler Ch 26 Sec. 8.5. Merely selecting or
purchasing a site for the construction of a building is not
sufficient. 4 Hinds Sec. Sec. 3762, 3785. However, the fact that the
work has been interrupted--even for several years--does not prevent it
from qualifying under the works-in-progress exception of clause 2(a).
4 Hinds Sec. Sec. 3707, 3708.
To establish that actual work has begun on the project, the Chair
may require some documentary evidence that work has been initiated.
Deschler Ch 26 Sec. 8.5. To this end, the Chair may consider a letter
from an executive officer charged with the duty of constructing the
project. Deschler Ch 26 Sec. 8.2. News articles merely suggesting that
work may have begun have been

[[Page 94]]

regarded as insufficient evidence that work is in progress within the
meaning of the rule. Deschler Ch 26 Sec. 8.7.

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

The term ``works and objects'' in the exception to the rule
prohibiting unauthorized appropriations is construed as something
tangible, such as a building or road. 4 Hinds Sec. Sec. 3714, 3715;
see also Deschler Ch 26 Sec. 8. The term does not extend to projects
that are indefinite as to completion and intangible in nature, such as
the gauging of streams or an investigation. 4 Hinds Sec. Sec. 3714,
3715, 3719. The term does not extend to the ordinary duties of an
executive or administrative office. 4 Hinds Sec. Sec. 3709, 3713.
Appropriations for extension or repair of an existing road (4
Hinds Sec. Sec. 3793, 3798), bridge (4 Hinds Sec. 3803), or public
building have been admitted as in continuation of a work (4 Hinds
Sec. Sec. 3777, 3778), although it is not in order as such to provide
for a new building in place of one destroyed (4 Hinds Sec. 3606). The
purchase of adjoining land for a work already established has been
admitted under this principle (4 Hinds Sec. Sec. 3766-3773), as well
as additions to or extensions of existing public buildings (4 Hinds
Sec. Sec. 3774, 3775). However, the purchase of a separate and
detached lot of land is not admitted. 4 Hinds Sec. 3776.
Appropriations for new buildings as additional structures at
government institutions have sometimes been admitted (4 Hinds
Sec. Sec. 3741-3750), but propositions to appropriate for new
buildings that were not necessary adjuncts to the institution have
been ruled out (4 Hinds Sec. Sec. 3755-3759).
Projects that have qualified as a work in progress under clause
2(a) of rule XXI include:

A topographical survey. 7 Cannon Sec. 1382.
The continuation of construction at the Kennedy Library, a
project owned by the United States and funded by a prior year's
appropriation. Manual Sec. 1049.
A continuation of aircraft experimentation and development.
69-1, Jan. 22, 1926, p 2623.

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

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

[[Page 95]]

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

A. Generally

Sec. 27 . The Restrictions of Clause 2 of Rule XXI

In General; Historical Background

Almost continuously since the 44th Congress, the rules have
contained language forbidding the inclusion in general appropriation
bills of language ``changing existing law.'' In 1835, when it became
apparent that appropriation bills were being delayed because of the
intrusion of legislative matters, John Quincy Adams suggested the
desirability of a plan that such bills ``be stripped of everything but
the appropriations.'' 4 Hinds Sec. 3578.
Today, clause 2 of rule XXI provides that, with two exceptions,
``A provision changing existing law may not be reported in a general
appropriation bill . . .'' and that ``An amendment to a general
appropriation bill shall not be in order if changing existing law.''
The exceptions set forth in clause 2(b) are for germane provisions
that change existing law in a way that would ``retrench''
expenditures, and for rescissions of previously enacted
appropriations. Manual Sec. 1038; see Sec. 46, infra.
Language changing existing law in violation of rule XXI often is
referred to as ``legislation on an appropriation bill.'' Deschler Ch
26 Sec. 1. What ``legislation'' means in this context is a change in
an existing law that governs how appropriations may be used.
Like the rule generally prohibiting unauthorized appropriations,
the restriction against legislating on general appropriation bills is
only enforced if a Member takes the initiative to enforce it by
raising a point of order. See Sec. 67, infra. Such a point of order
may be waived pursuant to various procedural devices. See Sec. 68,
infra.
The rule against legislation in appropriation bills is limited to
general appropriation bills. Thus, a joint resolution merely
continuing appropriations for government agencies pending enactment of
the regular appropriation bills is not subject to the prohibitions in
clause 2 of rule XXI against legislative language. A point of order
under this rule does not apply to a special order of business reported
from the Committee on Rules ``self-executing'' the adoption in the
House of an amendment changing existing law. Manual Sec. 1044.

[[Page 96]]

Construction of Rule

The rule that forbids language in a general appropriation bill
that changes existing law is broadly construed. Deschler Ch 26
Sec. 64.23. The restriction is construed to apply not only to changes
in an existing statute but also to the enactment of law where none
exists, to language repealing existing law (Sec. 28, infra), to a
provision making changes in court interpretations of statutory law
(96-2, Aug. 19, 1980, p 21978), and to a proposition to change a rule
of the House (4 Hinds Sec. 3819). The fact that legislative language
may have been included in appropriation Acts in prior years and made
applicable to funds in those laws does not permit the inclusion in a
general appropriation bill of similar language. Manual Sec. 1054.
Under clause 2(c) of rule XXI, the restriction against changing
existing law applies specifically to amendments to general
appropriation bills. Manual Sec. 1039. It follows that if a motion to
recommit with instructions constitutes legislation on an appropriation
bill, the motion is subject to a point of order. Deschler Ch 26
Sec. 1.4.

Burden of Proof

Where a point of order is raised against a provision in a general
appropriation bill as constituting legislation in violation of clause
2 of rule XXI, the burden of proof is on the Committee on
Appropriations to show that the language is valid under the precedents
and does not change existing law. Deschler Ch 26 Sec. 22.30.
Provisions in the bill, described in the accompanying report as
directly or indirectly changing the application of existing law, are
presumably legislation in violation of clause 2 of rule XXI, in the
absence of rebuttal by the committee. Deschler Ch 26 Sec. 22.27.
Similarly, the proponent of an amendment against which a point of
order has been raised as constituting legislation on an appropriation
bill has the burden of proving that the amendment does not change
existing law. Manual Sec. 1044a; Deschler Ch 26 Sec. 22.29; see also
Sec. 13, supra.

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

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

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

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

The enactment of law where none exists.

[[Page 97]]

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

The repeal of existing law. 7 Cannon Sec. 1403; Deschler Ch 26
Sec. Sec. 24.1, 24.7.
A waiver of a provision of existing law. Manual Sec. 1056;
Deschler Ch 26 Sec. Sec. 24.5, 34.14, 34.15.

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

Sec. 29 . Imposing Contingencies and Conditions

Generally; Conditions Precedent

Provisions making an appropriation contingent on a future event
are often presented in appropriation bills. Manual Sec. 1055. Such
contingencies may be phrased as conditions to be complied with, as in
``funds shall be available when the Secretary has reported,'' or as
restrictions on funding, as in ``No funds until the Secretary has
reported.'' Similar tests are applied in both formulations in
determining whether the language constitutes legislation on an
appropriation bill: Is the contingency germane or does it change
existing law? Deschler Ch 26 Sec. 49.2. Does it impose new duties (for
example, to report) where none exist under law? See Sec. 31, infra.
Precedents discussed in sections 29-31, relating to
``conditions,'' could in many instances be cited under the discussion
in sections 50-59a, relating to ``limitations.'' Language imposing a
``negative restriction'' on funds in the bill is not a proper
limitation if it creates new law or requires positive determinations
and actions where none exist in law. See Sec. Sec. 56, 59, infra.
The proscription against changing existing law is applicable to
those instances in which the whole appropriation is made contingent
upon an event or circumstance as well as those in which the
disbursement to a particular participant is conditioned on the
occurrence of an event. Deschler Ch 26 Sec. Sec. 47, 48. The terms
``unless,'' ``until,'' or ``provided,'' in an amendment or proviso are
clues that the language may contain a condition that is subject

[[Page 98]]

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

An amendment providing that funds shall not be available for
any broadcast of information about the U.S. until the radio
script for such broadcast has been approved by the Daughters of
the American Revolution. Deschler Ch 26 Sec. 47.1.
An amendment to require, as a condition on the availability of
funds, the imposition of standards of quality or performance.
Deschler Ch 26 Sec. 59.1.
A provision providing that none of the funds should be used
unless certain procurement contracts were awarded on a formally
advertised basis to the lowest responsible bidder. Deschler Ch
26 Sec. 23.14.
An amendment making the money available on certain
contingencies that would change the lawful mode of payment.
Deschler Ch 26 Sec. 48.1.
An amendment denying the obligation or expenditure of certain
funds unless such funds were subject to audit by the
Comptroller General. Deschler Ch 26 Sec. 47.8. (A subsequent
amendment that denied the use of funds not subject to audit
``as provided by law'' was offered and adopted.)
A provision making certain funds for an airport available for
an access road (a Federal project) provided Virginia makes
available the balance of funds necessary for the construction
of the road. Deschler Ch 26 Sec. 48.7.
A provision providing that no part of the appropriation for
certain range improvements shall be expended in any national
forest until contributions at least equal to such expenditures
are made available by local public or private sources. Deschler
Ch 26 Sec. 48.6.
A provision stating that no part of the funds shall be used
``unless and until'' approved by the Director of the Bureau of
the Budget. Deschler Ch 26 Sec. 48.3.
A proviso that no funds shall be available for certain
expenditures unless made in accordance with a budget approved
by the Public Housing Commissioner. Deschler Ch 26 Sec. 48.4.
An amendment specifying that no funds made available may be
expended until total governmental tax receipts exceed total
expenditures. Deschler Ch 26 Sec. 48.11.
An amendment containing certification requirements and
mandating certain contractual provisions as a condition on the
receipt of funds. Manual Sec. 1054.

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

Reporting to Congress as a Condition

It is legislation on a general appropriation bill in violation of
clause 2 of rule XXI to require the submission of reports to a
committee of Congress where existing law does not require that
submission. Manual Sec. 1054. Thus, an amendment to a general
appropriation bill precluding the availability of

[[Page 99]]

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

Congressional Action as Condition

Under the more recent precedents, it is not in order by way of
amendment to make the availability of funds in a general appropriation
bill contingent upon subsequent congressional action. Manual
Sec. 1055; 90-2, June 11, 1968, p 16692; 96-1, Sept. 6, 1979, pp
23360, 23361. Such a condition changes existing law if its effect is
to require a subsequent authorization which, when enacted, will
automatically make funds available for expenditure without further
appropriations. Such a result is contrary to the process contemplated
in rule XXI whereby appropriations are dependent on prior
authorization. Deschler Ch 26 Sec. 49.2 (note). Language making the
availability of funds contingent upon the enactment of authorizing
legislation raises a presumption that the appropriation is then
unauthorized. 98-1, Sept. 19, 1983, pp 24640, 24641. Indeed, a
conditional appropriation based on enactment of authorization is a
concession on the face of the language that no prior authorization
exists. Deschler Ch 26 Sec. 47.3 (note); 109-1, May 19, 2005, p 10377.
It is not in order on a general appropriation bill to direct the
activities of a committee, such as to require it to promulgate
regulations to limit the use of an appropriation. Manual Sec. 1055. As
such, an amendment to a general appropriation bill including language
to direct the budget scorekeeping for amounts appropriated was held to
constitute legislation and was ruled out of order under clause 2 of
rule XXI. 103-1, May 26, 1993, p 11317-19.
Other conditions relative to congressional action that have been
ruled out as legislation include:

An amendment providing that no part of the funds in the bill
shall be used for the enforcement of any order restricting sale
of any article or commodity unless such order shall have been
approved by a concurrent resolution of the Congress. Deschler
Ch 26 Sec. 49.2.
A provision requiring that certain contracts be authorized by
the appropriate legislative committees and in amounts specified
by the Committees on Appropriations of the Senate and House.
Deschler Ch 26 Sec. 49.5.
An amendment making the availability of funds in the bill
contingent upon subsequent enactment of legislation containing
specified findings. Manual Sec. 1055.

[[Page 100]]

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

Sec. 31 . -- Conditions Imposing Additional Duties

Where a condition in an appropriation bill or amendment thereto
seeks to impose on a Federal official non-incidental duties that are
different from or in addition to those already contemplated in law,
the provision may be ruled out as legislative in nature. Manual
Sec. 1054. Thus, although it is in order on a general appropriation
bill to prohibit the availability of funds therein for a certain
activity, that prohibition may not be made contingent upon the
performance of a new affirmative duty on the part of a Federal
official. Deschler Ch 26 Sec. 50. Other provisions that have been
ruled out under this rule include:

An amendment providing that no part of the money appropriated
shall be paid to any State unless and until the Secretary of
Agriculture is satisfied that such State has complied with
certain conditions. Deschler Ch 26 Sec. 50.2.
A provision providing that no part of a certain appropriation
shall be available until it is determined by the Secretary of
the Interior that authorization therefor has been approved by
the Congress. Deschler Ch 26 Sec. 50.3.
An amendment providing that none of the money appropriated
shall be paid to persons in a certain category unless hereafter
appointed or reappointed by the President and confirmed by the
Senate. Deschler Ch 26 Sec. 50.4.
A provision prohibiting the use of funds to pay for services
performed abroad under contract ``unless the President shall
have promulgated'' certain security regulations. Deschler Ch 26
Sec. 50.5.
An amendment providing that no part of the appropriation shall
be used for land acquisition for airport access roads until the
Federal Aviation Administration shall have held public
hearings. Deschler Ch 26 Sec. 50.6.
An amendment rendering an appropriation for energy
conservation services contingent upon recommendations by
Federal officials. Deschler Ch 26 Sec. 50.7.
A provision making the availability of certain funds
contingent on legal determinations to be made by a Federal
court and an executive department. 100-2, June 28, 1988, p
16261.
An amendment requiring a determination of ``successor agency''
status. Manual Sec. 1054.
An exception to a limitation on funds requiring determinations
of ``equivalence'' of health benefits plans. Manual Sec. 1054.

[[Page 101]]

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

Generally

It is in order in a general appropriation bill to include language
descriptive of authority provided in law as long as the description is
precise and does not change that authority in any respect. Deschler Ch
26 Sec. 23.1. However, language in an appropriation bill construing or
interpreting existing law, although cast in the form of a limitation,
is legislation and not in order. Deschler Ch 26 Sec. 24. Likewise, an
amendment that does not limit or restrict the use or expenditure of
funds in the bill, but that directs the way in which provisions in the
bill must be interpreted or construed, is legislation. Deschler Ch 26
Sec. 25.15. The rationale underlying this rule is that a provision
proposing to construe existing law is in itself a proposition of
legislation and therefore not in order. Manual Sec. 1056; 4 Hinds
Sec. Sec. 3936-3938. Provisions that have been ruled out pursuant to
this rule include:

A provision broadening beyond existing law the definition of
services to be funded by an appropriation. Deschler Ch 26
Sec. 25.8.
A provision defining certain expenses as
``nonadministrative,'' for purposes of making a computation.
Deschler Ch 26 Sec. Sec. 22.13, 25.4.
A provision making appropriations available for the purchase
of station wagons ``without such vehicles being considered as
passenger motor vehicles.'' Deschler Ch 26 Sec. 22.12.
An amendment construing certain language so as to permit the
withholding of funds for specific military construction
projects upon a determination that elimination of such projects
would not adversely affect national defense. Deschler Ch 26
Sec. 25.9.
An amendment providing that nothing in the Act shall restrict
the authority of the Secretary of Education to carry out the
provisions of title VI of the Civil Rights Act of 1964. 96-2,
Aug. 27, 1980, p 23535.
A provision stating that a limitation on funds in the pending
appropriation bill is to be considered a prohibition against
payments to certain parties in administrative proceedings. 100-
2, May 17, 1988, p 11305.
A provision directing the Selective Service Administration to
issue regulations to bring its classifications into conformance
with a Supreme Court decision. Manual Sec. 1055.
An amendment that expresses the sense of Congress that
reductions in appropriations in other bills should reflect the
proportionate reductions made in the pending bill. 101-2, Oct.
21, 1990, p 31709.

Incorporation by Reference to Existing Law

An amendment to a general appropriation bill that incorporates by
reference the provisions of an existing law not otherwise applicable
may be subject to a point of order. 88-1, Oct. 10, 1963, pp 19258-60.
Thus a para

[[Page 102]]

graph in a bill containing funds for the Corporation for Public
Broadcasting to be available ``in accordance with the provisions of
titles VI and VII of the Civil Rights Act of 1964'' was ruled out as
legislation in violation of clause 2 of rule XXI, where it could not
be shown that the corporation was already subject to the provisions of
that law. 94-2, June 24, 1976, pp 20414, 20415. Other provisions ruled
out for the same reason include:

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

Sec. 33 . Particular Propositions as Legislation

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

Provisions Relating to Agriculture

An amendment curtailing the use of funds for price support
payments to certain persons and defining the term ``person'' to
mean an individual, partnership, firm, joint stock company, or
the like. Deschler Ch 26 Sec. 39.10.
An amendment providing that certain loans be exclusively for
the construction and operation of generating facilities for
furnishing electric energy to persons in certain rural areas.
Deschler Ch 26 Sec. 39.5.

Provisions Relating to Commerce

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

Provisions Relating to Foreign Affairs

A provision expressing the sense of Congress concerning the
representation of the Chinese government in the United Nations.
Deschler Ch 26 Sec. 41.4.
An amendment providing that ``a reasonable amount'' of the
funds provided to the Organization of American States may be
available for distribution in certain underdeveloped areas in
the United States. Deschler Ch 26 Sec. 41.9.

[[Page 103]]

Provisions Relating to Federal Employment

A provision permitting an executive official to delegate to an
administrative officer the authority to make appointments of
certain personnel. Deschler Ch 26 Sec. 45.5.
A provision providing that the Secretary of State may, in his
discretion, terminate the employment of an employee whenever he
shall deem such termination necessary or advisable in the
interests of the United States. Deschler Ch 26 Sec. 43.4.

Provisions Relating to Congressional Employment and Compensation

A provision increasing or providing additional salary to
Members of Congress. Deschler Ch 26 Sec. Sec. 44.1, 44.2.
An amendment requiring a committee to promulgate rules to
limit the amount of official mail sent by Members. Deschler Ch
26 Sec. 44.10.
A provision mandating that House offices institute a waste
recycling program. 106-1, June 10, 1999, p 12513.

Provisions Relating to Housing and Public Works Programs

A provision restricting the contract authority of the Housing
and Home Finance Administrator to an amount ``within the limits
of appropriations made available therefor.'' Deschler Ch 26
Sec. 45.3.
An appropriation for the construction of buildings for storage
of certain equipment and including a stated limit of cost for
construction of any such building. Deschler Ch 26 Sec. 45.7.

B. Changing Prescribed Funding

Sec. 34 . In General

Generally; Mandating Expenditures

Language in a general appropriation bill is permitted where it is
drafted simply as a negative restriction or limitation on the use of
funds. Sec. 50, infra. Such limitations may negatively affect the
allocation of funds as contemplated in existing law, but may not
explicitly change statutory directions for distribution. Manual
Sec. 1056; Deschler Ch 26 Sec. 77.2. It is in violation of clause 2 of
rule XXI to include language in a general appropriation bill directing
that funds therein be obligated or distributed in a manner that is
contrary to existing law. Manual Sec. 1057. Language directing that
funds in the bill shall be distributed ``without regard to the
provisions'' of the authorizing legislation is subject to a point of
order. Deschler Ch 26 Sec. 36.1.
The Committee on Appropriations may report a limitation on the
availability of funds within the reported bill. However, a limitation
on the obliga

[[Page 104]]

tion of funds, or a removal of an existing statutory limitation on the
obligation of funds contained in existing law, is legislation and in
violation of clause 2 of rule XXI. 103-1, Sept. 23, 1993, p 22203.
If existing law places a limit or cap on the total amount that may
be spent on a program, language in a general appropriation bill may
not direct an increase in that amount. 4 Hinds Sec. Sec. 3865-3867.
Similarly, a provision making available indefinite sums for a
particular program may be ruled out as legislation in violation of
clause 2 of rule XXI where existing law provides that a definite
amount must be specified for that purpose in annual appropriation
bills. Deschler Ch 26 Sec. 33.1. Where mandatory funding levels have
been earmarked for certain programs by existing law, a provision in a
general appropriation bill rendering them ineffective may be ruled out
as in violation of clause 2 of rule XXI. Deschler Ch 26 Sec. 36.5. A
paragraph in a general appropriation bill directing that ``not less''
than a specified sum be available for a certain purpose was ruled out
as legislation constituting a direction to spend a minimum amount and
not a negative limitation. Manual Sec. 1057. An amendment to a general
appropriation bill denying funds therein for a program at less than a
certain amount constitutes legislation where existing law confers upon
a Federal official discretionary authority to determine minimum levels
of expenditures. 95-2, July 20, 1978, p 21856. Language mandating a
certain allotment of funds at ``the maximum amounts authorized'' has
also been ruled out as legislation on an appropriation bill. Deschler
Ch 26 Sec. 36.2.
Language in a general appropriation bill may not authorize the
adjustment of wages of government employees or permit an increase in
Members' office allowances only ``if requested in writing.'' Also, it
may not mandate reductions in various appropriations by a variable
percentage calculated in relation to ``overhead.'' Manual Sec. 1054. A
proposal to designate an appropriation as having a special status
(such as ``emergency spending'') within the meaning of the budget-
enforcement laws is fundamentally legislative in character. Manual
Sec. 1052.

Change in Source or Method of Funding

Where existing law authorizes appropriations out of a special fund
for a particular purpose, it is not in order in an appropriation bill
to direct that the money be taken from the general funds of the
Treasury for that purpose. Deschler Ch 26 Sec. Sec. 35.1, 35.2. Thus,
language in a bill providing funds for an agricultural project, for
which funding had been authorized from the receipts of timber sales
and not from appropriated funds, was ruled out as legislation in
violation of clause 2 of rule XXI. Deschler Ch 26 Sec. 35.3. The
language in an appropriation bill appropriating funds in the Federal
Aid

[[Page 105]]

Highway Trust Fund for expenses of forest roads and trails was held to
be legislation and not in order where no authorization existed for the
expenditure from that trust fund for those proposed purposes. Deschler
Ch 26 Sec. 28.2. A provision providing that airport funding be derived
from a certain source, thereby changing the source and method of
funding under existing law, was held to constitute legislation. 106-1,
June 23, 1999, p 14002.
Language in a general appropriation bill that substitutes
borrowing authority in lieu of a direct appropriation is subject to a
point of order if contrary to existing law. Deschler Ch 26 Sec. 35.4.

Changing Allotment Formulas; Setting Priorities

A provision in a general appropriation bill that changes the
legislative formula governing the allotment of funds to recipients is
legislation on an appropriation bill in violation of clause 2 of rule
XXI. Manual Sec. 1056; Deschler Ch 26 Sec. 36.10. It is not in order
in a general appropriation bill to establish priorities to be followed
in the obligation or expenditure of the funds where such priorities
are not found in existing law. Thus, a proviso specifying that an
appropriation for veterans' job training be obligated on the basis of
those veterans unemployed the longest was conceded to be legislation
where existing law did not require that allocation of funds, and was
ruled out as in violation of clause 2 of rule XXI. Deschler Ch 26
Sec. 36.17. Similarly, where existing law establishes priorities to be
followed by an executive official in the distribution of funds, an
amendment to an appropriation bill requiring that those funds be
distributed in accordance with such priorities may under some
circumstances be regarded as constituting a stronger mandate as to the
use of those funds and ruled out as a modification of the authorizing
law, and therefore out of order. Deschler Ch 26 Sec. 23.8.
However, where existing law prescribes a formula for the
allocation of funds among several categories, an amendment merely
reducing the amount earmarked for one of the categories is not
legislation, as long as it does not textually change the statutory
formula. Manual Sec. 1057.

Sec. 35 . Affecting Funds in Other Acts

Generally

Language in a general appropriation bill that is applicable to
funds appropriated in another Act may constitute legislation under
clause 2 of rule XXI. Deschler Ch 26 Sec. 30.10. Thus, an amendment to
an appropriation bill seeking to change a limitation on a previous
appropriation bill may be held to be legislation and not in order.
Deschler Ch 26 Sec. 27.26.

[[Page 106]]

Rescissions

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

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

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

In Order

$500,000 is hereby transferred from the Capital Improvement
and Maintenance appropriation to the State and Private Forestry
appropriation.

Not in Order

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

A provision in an appropriation bill may permit certain funds to
be available ``interchangeably'' for expenditure for various
authorized purposes. Deschler Ch 26 Sec. 29.8. Similarly, an amendment
providing that a par

[[Page 107]]

ticular authorized project should be financed out of ``any available
unallocated funds contained in this act'' was held to be in order.
Deschler Ch 26 Sec. 29.10.
See also Sec. 63, infra, for a discussion of amendments permitted
to be offered en bloc under clause 2(f) of rule XXI that only transfer
appropriations among objects in the bill.

Sec. 37 . -- Transfer of Previously Appropriated Funds

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

Sec. 38 . Making Funds Available Before, or Beyond, Authorized Period

Generally; Availability of Balances

It is provided by statute that the balance of an appropriation
limited for obligation to a definite period is available only for
payment of expenses properly incurred during the period of
availability or to complete contracts properly made within that period
of availability. 31 USC Sec. 1502. As such, it is not in order in a
general appropriation bill to provide that funds therein are to be
available beyond the fiscal year covered by the bill unless the
authorizing law permits that availability. Deschler Ch 26
Sec. Sec. 32.1, 32.10. Such language is held to ``change existing
law'' in violation of clause 2 of rule XXI because it extends the use
of the funds beyond the period permitted by law. Deschler Ch 26
Sec. 32.11.
By statute, an appropriation in a regular, annual appropriation
Act may be construed to be permanent or available continuously only if
the appropriation expressly provides that it is available after the
fiscal year covered by the law, or unless the appropriation is for
certain purposes, such as public buildings. 31 USC Sec. 1301. Amounts
appropriated to construct public buildings remain available until
completion of the work. When a building is completed and outstanding
liabilities for the construction are paid, balances remaining revert
immediately to the Treasury. 31 USC Sec. 1307.

[[Page 108]]

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

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

Funds ``To Be Immediately Available''

Language in an appropriation bill stating that the funds shall be
immediately available--that is, before the start of the fiscal year
covered by the bill--is subject to a point of order. A prior ruling
permitting immediate availability has been superseded by more recent
rulings proscribing such immediate availability. Manual Sec. 1052; 7
Cannon Sec. Sec. 1119, 1120. Making funds available in an earlier
fiscal period also may have implications under the Congressional
Budget Act of 1974.

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

Generally

Authorization laws or statutes sometimes provide that appropriated
funds are ``to remain available until expended.'' Such language is
permitted where existing law authorizes the inclusion of language
extending the availability of funds for the purpose stated in that
law. Manual Sec. 1052. Conversely, where the authorizing statute does
not permit funds to remain available until expended or without regard
to fiscal year limitation, the inclusion of such availability in a
general appropriation bill has been held to constitute legislation in
violation of clause 2 of rule XXI. Deschler Ch 26 Sec. Sec. 32.1,
32.2, 32.10. However, language that certain funds be ``available until
expended'' may be included where other existing law can be interpreted
to permit that availability. Thus, a provision in a general
appropriation bill that funds therein for the construction of the west
front of the U.S. Capitol shall ``remain available until expended''
was held not to constitute legislation in violation of clause 2 of
rule XXI, where an existing law provided that funds

[[Page 109]]

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

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

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

Sec. 40 . Reimbursements of Appropriated Funds

If not authorized by existing law, language in a general
appropriation bill providing for the use of funds generated from
reimbursement, repayment, or refund, rather than from a direct
appropriation, may be ruled out as legislation under clause 2 of rule
XXI. Deschler Ch 26 Sec. 38.1. Provisions in appropriation bills that
have been ruled out under this rule include requirements:

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

[[Page 110]]

C. Changing Executive Duties or Authority

Sec. 41 . In General; Requiring Duties or Determinations

Generally

Where an amendment to or language in a general appropriation bill
explicitly places new duties on officers of the government or
implicitly requires them to make investigations, compile evidence, or
make judgments and determinations not otherwise required of them by
law, then it assumes the character of legislation under clause 2 of
rule XXI and is subject to a point of order. Manual Sec. 1054; 4 Hinds
Sec. Sec. 3854-3859; Deschler Ch 26 Sec. 52. The extra duties that may
invalidate an amendment as being ``legislation'' are duties not now
required by law. The fact that they may be presently in effect, as
required for present and prior years in annual appropriation Acts,
does not protect an amendment from a point of order under clause 2 of
rule XXI. Deschler Ch 26 Sec. 63.7 (note). The point of order will lie
against language requiring new determinations by Federal officials
whether or not State officials administering the Federal funds in
question routinely make such determinations. Deschler Ch 26
Sec. 52.33. Thus, in a general appropriation bill, if not already
mandated by existing law, an executive official may not be required:

To make substantial findings in determining the extent of
availability of funds. Deschler Ch 26 Sec. 59.19.
To make evaluations of propriety and effectiveness. Manual
Sec. 1054.
To include information in the annual budget on transfers of
appropriations. Deschler Ch 26 Sec. 52.10.
To make determinations, in implementing a personnel reduction
program, as to which individual employees shall be retained.
Deschler Ch 26 Sec. 22.17.
To implement certain conditions and formulas in determining
amounts to be charged as rent for public housing units.
Deschler Ch 26 Sec. 52.20.

Approval or Certification Duties

Where existing law authorizes the availability of funds for
certain expenses when certified by an executive official, language in
a general appropriation bill containing funds for that purpose to be
accounted for solely upon certification may be held in order as not
constituting a change in existing law. 93-2, June 18, 1974, pp 19715,
19716. For example, appropriations for traveling expenses at meetings
``considered necessary'' in the exercise of the agency's discretion
for the efficient discharge of its responsibilities were held
authorized by a law permitting inclusion of such language in the bill.
Deschler Ch 26 Sec. 52.28. However, language in a general
appropriation

[[Page 111]]

bill authorizing the expenditure of funds on the approval of an
executive official and on a ``certificate of necessity for
confidential military purposes'' was held to change existing law and
was ruled out in violation of clause 2 of rule XXI when the Committee
on Appropriations failed to cite statutory authority for that method
of payment. Deschler Ch 26 Sec. 22.19. Even a proviso that certain
vouchers ``shall be sufficient'' for expenditure from the
appropriation has been ruled out as legislation in violation of clause
2 of rule XXI. Deschler Ch 26 Sec. 22.20.

Duty to Submit Reports

It is not in order on a general appropriation bill to require an
executive official to submit reports not required by existing law. 7
Cannon Sec. 1442. For example, a provision requiring the Commissioner
of Indian Affairs to report to Congress all interchanges of
appropriations was ruled out as legislation. Deschler Ch 26 Sec. 52.9.

Sec. 42 . Burden of Proof

Generally

The burden of proof is on the proponent of an amendment to a
general appropriation bill to show that a proposed executive duty or
determination is required by existing law, and the mere recitation
that it is imposed pursuant to existing law and regulations, absent a
citation to the law imposing that responsibility, is not sufficient to
overcome a point of order that the amendment constitutes legislation.
Manual Sec. 1044a; Deschler Ch 26 Sec. 22.25.

Determinations Incidental to Other Executive Duties

If a proposed executive determination is not specifically required
by existing law, but is related to other executive duties, then the
proponent has the burden of proving that it is merely incidental
thereto. Thus, language in a general appropriation bill in the form of
a conditional limitation requiring determinations by Federal officials
may be held to change existing law in violation of clause 2 of rule
XXI, unless the Committee on Appropriations can show that the new
duties are merely incidental to functions already required by law and
do not involve substantive new determinations. Deschler Ch 26 Sec. 52.

Sec. 43 . Altering Executive Authority or Discretion

Generally

A proposition in a general appropriation bill that interferes with
authority that has been conferred by law on an executive official
``changes exist

[[Page 112]]

ing law'' under clause 2 of rule XXI. 4 Hinds Sec. 3846; Deschler Ch
26 Sec. 51.3. A proposition that significantly alters the discretion
conferred on the official also ``changes existing law'' within the
meaning of that rule. Manual Sec. 1054; 4 Hinds Sec. Sec. 3848-3852; 7
Cannon Sec. 1437. Thus, where existing law authorized the expenditure
of funds for a program under broad supervisory powers given to an
executive official, provisions in an appropriation bill that impose
conditions affecting both the exercise of those powers and the use of
funds may be ruled out as legislation. Deschler Ch 26 Sec. 51.4.
Language in a general appropriation bill conferring discretionary
authority on an executive official where none exists under existing
law is subject to a point of order under clause 2 of rule XXI.
Deschler Ch 26 Sec. 55.1. A proposition having the purpose of
enlarging, rather than restricting, an official's discretion also may
be viewed as changing existing law. Deschler Ch 26 Sec. 51. Language
granting discretionary authority to the Secretary of the Army to use
funds for purposes ``desirable'' in expediting military production was
held to be legislation and not in order. Deschler Ch 26 Sec. 59.7.
A provision in a general appropriation bill requiring the
performance of a duty by a Federal official which, under existing law
is entirely discretionary, constitutes legislation in violation of
clause 2 of rule XXI. Deschler Ch 26 Sec. 59.20. Although it is in
order on a general appropriation bill to limit the availability of
funds therein for part of an authorized purpose (Sec. 52, infra),
language that restricts not the funds but the discretionary authority
of a Federal official administering those funds may be ruled out as
legislation. Manual Sec. 1054; Deschler Ch 26 Sec. 51.14.

Earmarking Funds as Affecting Executive Discretion

The earmarking of funds for a particular item from a lump-sum
appropriation may constitute a limitation on the discretion of the
executive charged with allotment of the lump sum and thus be subject
to a point of order under clause 2 of rule XXI. 7 Cannon Sec. 1452;
Deschler Ch 26 Sec. 51.5. Language earmarking some of the
appropriations for the Veterans' Administration for a special study of
its compensation and pension programs was conceded to be legislation
and held not in order. Deschler Ch 26 Sec. 55.12.

Sec. 44 . Mandating Studies or Investigations

Language in a general appropriation bill describing an
investigation that may be undertaken with funds in the bill at the
discretion of an official upon whom existing law imposes a general
investigative responsibility does not constitute legislation and is
not in violation of clause 2 of rule XXI. 93-2, Apr. 9, 1974, pp
10208, 10209. However, where existing law gives an agency discretion
to undertake an investigation, language in a general appro

[[Page 113]]

priation bill that requires the agency to make the investigation is
legislation. Deschler Ch 26 Sec. 51.7. Although an executive official
may have broad investigative responsibilities under existing law, it
may not be in order in a general appropriation bill to impose a duty
to undertake a specific additional study. 93-2, Apr. 9, 1974, pp
10205, 10206.
The mere requirement in a general appropriation bill that an
executive officer be the recipient of information at one time was not
considered as imposing any additional burdens. 90-2, June 11, 1968, p
16712. In the 105th Congress, clauses 2(b) and 2(c) of rule XXI were
amended to treat as legislation a provision that conditions the
availability of funds on whether certain information not required by
existing law has been ``made known'' to an executive official, thus
superseding 7 Cannon Sec. 1695. Manual Sec. 1054. In addition,
language imposing new responsibilities on Federal officials beyond
merely being the recipients of information may constitute legislation
in violation of clause 2 of rule XXI. 95-1, June 17, 1977, p 19699.
Thus, in 1974, language in a general appropriation bill was ruled out
as legislation when the Committee on Appropriations conceded that
agencies funded by the bill would be required to examine extraneous
documentary evidence--including hearing transcripts--in addition to
the language of the law itself, to determine the purposes for which
the funds had been appropriated. 93-2, June 21, 1974, pp 20612, 20613.

Sec. 45 . Granting or Changing Contract Authority

Granting Authority

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

Waiving Contract Law

Language in a general appropriation bill that waives the
requirements of existing law as to when certain contracts may be
entered into may be ruled out as legislation in violation of clause 2
of rule XXI. Deschler Ch

[[Page 114]]

26 Sec. 37.14. Thus, language providing that contracts for supplies or
services may be made by an agency without regard to laws relating to
advertising or competitive bidding was conceded to be legislation on
an appropriation bill and held not in order. Deschler Ch 26 Sec. 34.1.

Restricting Contract Authority

A provision in a general appropriation bill changing existing law
by restricting the contract authority of an executive official may be
ruled out on a point of order as legislation under clause 2 of rule
XXI. Deschler Ch 26 Sec. 45.3. This is so notwithstanding clause 1(b)
of rule X, which gives the Committee on Appropriations jurisdiction
over rescissions of appropriations (as distinguished from rescission
of contract authority) (Deschler Ch 26 Sec. 24.4 (note)) and clause
2(b) of rule XXI, which permits rescissions of appropriations
contained in appropriation Acts. In one instance, an amendment
requiring the Civil Aeronautics Authority to award contracts to the
highest bidder only after previously advertising for sealed bids was
ruled out as legislation. Deschler Ch 26 Sec. 46.3. Language
authorizing an agency to enter into contracts for certain purposes in
an amount not to exceed $7 million was conceded to be legislation on
an appropriation bill and was ruled out absent citation to an existing
law authorizing inclusion of such limitation. Deschler Ch 26
Sec. 37.12. Language in an appropriation bill seeking to reduce or
rescind contract authority contained in a previous appropriation bill
has also been ruled out as legislation changing existing law. Deschler
Ch 26 Sec. Sec. 22.14, 24.4.
The rulings in this section should be considered in the light of
section 401(a) of the Congressional Budget Act, which precludes
consideration of measures reported by legislative committees providing
new contract authority, new authority to incur certain indebtedness,
or new credit authority, unless the measure also provides that such
authority is to be effective ``only to such extent or in the amounts
provided in advance in appropriation Acts.'' Since the adoption of
this law, language properly limiting the contractual authority of an
agency, if specifically permitted by law, would not render that
language subject to a point of order under clause 2 of rule XXI.
Deschler Ch 26 Sec. 37.

[[Page 115]]

D. The Holman Rule; Retrenchments

Sec. 46 . In General; Retrenchment of Expenditures

Generally

Clause 2(b) of rule XXI, which precludes the use of language
changing existing law in a general appropriation bill, makes an
exception for ``germane provisions that retrench expenditures by the
reduction of amounts of money covered by the bill'' as reported. This
exception is referred to as the Holman rule, having been named for the
Member who first suggested it in 1876, William Holman of Indiana.
Manual Sec. 1038.
Decisions under the Holman rule have been rare in the modern
practice of the House. Manual Sec. 1062. The rule applies to general
appropriation bills only and is not applicable to funds other than
those appropriated in the pending bill. 7 Cannon Sec. Sec. 1482, 1525.
In 1983, the House narrowed the Holman rule exception to apply only to
retrenchments reducing the dollar amounts of money covered by the
bill. Manual Sec. 1062.

Retrenchments and Limitations Distinguished

A distinction should be noted between retrenchments offered under
the criteria of the Holman rule and ``limitations'' on appropriation
bills, discussed in Sec. Sec. 50-59a, infra. Under the Holman rule, a
provision that is admittedly ``legislative'' in nature is nevertheless
held to fall outside the general prohibition against such provisions,
because it reduces the funds in the bill. The limitations discussed in
later sections are not ``legislation'' and are permitted on the theory
that Congress is not bound to appropriate funds for every authorized
purpose. Deschler Ch 26 Sec. 4.
Under the modern practice, the Holman rule does not apply to
limiting language that does not involve a reduction of dollar amounts
in the bill. An amendment that does not show a reduction on its face
and that is merely speculative is not in order under the rule. Manual
Sec. 1062.
The words ``amounts of money covered by the bill'' in the rule
refer to the amounts specifically appropriated by the bill, but as
long as a provision calls for an obvious reduction at some point
during the fiscal year, it is in order under the Holman rule even if
the reduction takes place in the future in an amount actually
determined when the reduction takes place (for example, by formula).
Manual Sec. 1062. Language held in order as effectuating a
retrenchment has included a proposition--legislative in form--
providing that total appropriations in the bill be reduced by a
specified amount. Deschler Ch 26 Sec. 4.5.

[[Page 116]]

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

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

The Holman rule, although permitting certain retrenchment
provisions as an exception to the prohibition against legislation in
appropriation bills, requires that such provisions be germane. Manual
Sec. 1038. An amendment providing that appropriations ``herein and
heretofore made'' be reduced by a reduction of certain employees was
held to be legislative and not germane to the bill, because it went to
funds other than those carried therein, and was therefore not within
the Holman rule exception. Manual Sec. 1062. An amendment proposing to
change existing law by repealing part of a retirement Act was held not
germane and not in order under the Holman rule. Deschler Ch 26
Sec. 5.15.

Sec. 48 . Reporting Retrenchment Provisions

At one time, retrenching provisions in general appropriation bills
were reported by the legislative committees of the House. 7 Cannon
Sec. 1561. In 1983, the Holman rule was amended to eliminate the
separate authority of legislative committees to report amendments
retrenching expenditures. The new rule permits legislative committees
to merely recommend such retrenchments to the Committee on
Appropriations for discretionary inclusion in the reported bill.
Manual Sec. Sec. 1038, 1062.

Sec. 49 . Floor Consideration; Who May Offer

Under the earlier practice, retrenching amendments to general
appropriation bills could be offered during the reading of the bill
for amendment in the Committee of the Whole. In 1983, rule XXI was
narrowed to permit the consideration of retrenchment amendments only
when reading of the bill has been completed and only if the Committee
of the Whole does not adopt a motion to rise and report the bill back
to the House. Manual Sec. 1040; see generally Sec. 64, infra.

[[Page 117]]

IV. Limitations on General Appropriation Bills

Sec. 50 . In General; When in Order

Generally

Although general appropriation bills may not contain legislation,
limitations may validly be imposed under certain circumstances, where
the effect is not to change existing law. Deschler Ch 26 Sec. 1. The
doctrine of limitations on a general appropriation bill has emerged
over the years primarily from rulings in the Committee of the Whole.
Deschler Ch 26 Sec. 22.26. The basic theory of limitations is that,
just as the House may decline to appropriate for a purpose authorized
by law, it may by limitation prohibit the use of the money for part of
the purpose while appropriating the remainder of it. The limitation
cannot change existing law but may negatively restrict the use of
funds for an authorized purpose or project. Deschler Ch 26 Sec. 64.
The following tests are applied to determine whether language in
an appropriation bill or amendment thereto constitutes a permissible
limitation:

Does the limitation apply solely to the appropriation under
consideration?

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

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

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

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

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

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

Note: A limitation that changes the duties imposed by law on an
executive officer in the expenditure of appropriated funds is not in
order. See Sec. 54, infra.

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

Note: Under clause 2(c) of rule XXI, an amendment proposing a
limitation not authorized in existing law for the period of the
limitation is not in order during the reading of the bill by
paragraph. Manual Sec. 1039.

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

[[Page 118]]

A restriction on authority to incur obligations contained in a
general appropriation bill is legislative in nature and is not a
limitation on use of funds in the bill. Manual Sec. 1053.
Certain amendments proposing limitations are in order only after
the reading of the bill for amendment has been completed and a
privileged motion to rise and report by the Majority Leader or a
designee is either not offered or is rejected. Clause 2(d) of rule XXI
permits consideration at this time of amendments proposing limitations
not contained or authorized in existing law or proposing germane
amendments that retrench expenditures. For a discussion of
retrenchment of expenditures, see Sec. 46, supra.

Construction of Rule; Burden of Proof

The doctrine permitting limitations on a general appropriation
bill is strictly construed. Deschler Ch 26 Sec. 80.5. The language of
the limitation must not be such as, when fairly construed, would
change existing law (4 Hinds Sec. Sec. 3976-3983) or justify an
executive officer in assuming an intent to change existing law (4
Hinds Sec. 3984; 7 Cannon Sec. 1707). The language of clause 2(c) of
rule XXI, which permits limitation amendments during the reading of a
bill by paragraphs only if authorized by existing law, is likewise
strictly construed. It applies only where existing law requires or
permits the inclusion of limiting language in an appropriation Act,
and not merely where the limitation is alleged to be ``consistent with
existing law.'' Manual Sec. 1043.
The limitation must apply to a specific purpose, or object, or
amount of appropriation. If a proposed limitation goes beyond the
traditionally permissible objectives of a limitation, as for example
by restricting discretion in the timing of the expenditure of funds
rather than restricting their use for a specific object or purpose,
the Chair may rule that the amendment constitutes legislation in the
absence of a convincing argument by the proponent that the amendment
does not change existing law. Deschler Ch 26 Sec. 80.5.
As a general proposition, whenever a limitation is accompanied by
the words ``unless,'' ``except,'' ``until,'' ``if,'' or the like,
there is ground to view the provision with the suspicion that it may
be legislation. In case of doubt as to its ultimate effect, the doubt
should be resolved on the conservative side. Deschler Ch 26 Sec. 52.2.
The limitation may not be accompanied by language stating a motive or
purpose in carrying it out. Deschler Ch 26 Sec. 66.4. Where terms used
in a purported limitation are challenged because of their ambiguity or
indefiniteness, the burden is on the proponent to show that no new
duties would arise in the course of applying its terms. Deschler Ch 26
Sec. 57.17 (note).

[[Page 119]]

Effecting Policy Changes

Although a limitation on a general appropriation bill may not
involve changes to existing law or affirmatively restrict executive
discretion, its simple denial of the use of funds may have the effect
of changing administrative policy and still be in order. Deschler Ch
26 Sec. 51.15. For example, during consideration of an army
appropriation bill, an amendment was allowed that provided that the
funds appropriated could not be used for compulsory military training
in certain schools. The Chair noted that the amendment ``simply
refuses to appropriate for purposes that are authorized by law and for
which Congress may or may not appropriate as it sees fit,'' and that
while the amendment did have the effect of changing a policy of the
War Department, ``a change of policy can be made by the failure of
Congress to appropriate for an authorized object.'' 7 Cannon
Sec. 1694.

Limitations Relating to Tax and Tariff Measures

Tax and tariff measures fall within the jurisdiction of the
Committee on Ways and Means under clause 1(t) of rule X. Manual
Sec. 741. Under clause 5(a) of rule XXI, such measures may not be
reported by any committee not having jurisdiction thereof. In the
108th Congress, clause 5(a) was amended to include in the definition
of a tax or tariff measure an amendment proposing a limitation on
funds in a general appropriation bill for the administration of a tax
or tariff. This change established a different standard for
determining a violation of this rule by an amendment to a reported
general appropriation bill than for a provision in the bill itself.
For an amendment, the Chair needs to find merely a textual
relationship between the amendment and the administration of a tax or
tariff. 108-1, Jan. 7, 2003, p 12. For a provision reported in the
bill, the Chair must find that the provision impacts revenue
collections or tax statuses or liabilities inevitably and with
certainty. Manual Sec. 1066. For example, a limitation on the use of
funds reported in such a bill may be held to violate this clause where
the limitation has the effect of requiring the collection of revenues
not otherwise provided for by law. Manual Sec. 1066.

Sec. 51 . Limitations on Amount Appropriated

Generally

A negative restriction on the use of funds above a certain amount
in an appropriation bill is in order as a limitation. 91-1, July 30,
1969, p 21471. As long as a limitation on the use of funds restricts
the expenditure of Federal funds carried in the bill without changing
existing law, the limitation is in order, even if the Federal funds in
question are commingled with

[[Page 120]]

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

``Not To Exceed'' Limitations

Language that an expenditure ``is not to exceed'' a certain amount
is permissible. Deschler Ch 26 Sec. 67.36. However, the fact that
funds in a general appropriation bill are included in the form of a
``not to exceed'' limitation does not necessarily preclude a point of
order under clause 2(a) of rule XXI that the funds are not authorized
by law. Manual Sec. 1045.

Ceilings on Total Expenditures

Many limitations on funding that are offered to general
appropriation bills apply to only one of the agencies covered by the
bill. However, a limitation may be drafted in such a way as to place a
ceiling on the total amount to be expended by all agencies covered by
the bill. Deschler Ch 26 Sec. Sec. 80.1, 80.2.

Spending ``Floors''

Precedents holding in order negative restrictions on the use of
funds must be distinguished from cases where an amendment, though cast
in the form of a limitation, can be interpreted to require the
spending of more money. For example, an amendment prohibiting the use
of funds to keep fewer than a certain number of people employed is not
in order. A ``floor'' on employment levels is tantamount to an
affirmative direction to hire no fewer than a specified number of
employees and would be subject to a point of order as legislation.
Deschler Ch 26 Sec. 51.15 (note). That point of order will also lie
against an amendment requiring not less than a certain sum to be used
for a particular purpose where existing law does not mandate such
expenditure. Manual Sec. 1057.

Sec. 52 . Limitations on Particular Uses

Generally

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

[[Page 121]]

Deschler Ch 26 Sec. 67.19. Thus, it has been held in order in a
general appropriation bill to deny the use of funds:

To formulate or carry out tobacco programs. 95-1, June 20,
1977, p 19882.
To pay certain rewards. 96-1, July 13, 1979, p 18451.
To implement any plan to invade North Vietnam. Deschler Ch 26
Sec. 70.1.
To operate and maintain facilities where intoxicating
beverages are sold or dispensed. Deschler Ch 26 Sec. 70.4.
To pay government employees a larger wage than that paid for
the same work in private industry. 7 Cannon Sec. 1591.
To pay for work on which naval prisoners were employed in
preference to registered laborers and mechanics. 7 Cannon
Sec. 1646.
To pay for salaries or compensation for legal services in
connection with any suit to enjoin labor unions from striking.
7 Cannon Sec. 1638.
To pay for agriculture commodity programs under which payments
to any single farmer would exceed a certain dollar amount.
Deschler Ch 26 Sec. 67.33.
To expand court facilities at Flint, Michigan. Deschler Ch 26
Sec. 69.6.
To disseminate market information over government-owned or
government-leased wires serving privately owned newspapers,
radio, or television. Deschler Ch 26 Sec. 67.9.

Partial Restrictions

An amendment to a general appropriation bill that restricts the
use of money in the bill to a part of an authorized project is in
order though the bill would otherwise permit full funding of the
authorization. 91-1, July 22, 1969, p 20329. Although it is not in
order as an amendment to a general appropriation bill to directly
restrict the discretionary authority of a Federal agency (Sec. 53,
infra), it is permissible to limit the availability of funds in the
bill for part of an authorized purpose while appropriating the
remainder. Manual Sec. 1053. In the 95th Congress, the Chair indicated
that an amendment to a general appropriation bill negatively
restricting funding therein for part of a discretionary activity
authorized by law would be in order if no new affirmative duties or
determinations were thereby required. 95-2, June 9, 1978, p 16996.

Restrictions Relating to Agency Regulations

It is in order on a general appropriation bill to deny the use of
funds to carry out an existing agency regulation. Deschler Ch 26
Sec. 64.28. Thus, an amendment providing that no part of a lump sum
shall be used to promulgate or enforce certain rules or regulations
precisely described in the amendment was held to be a proper
limitation restricting the availability of funds and in order.
Deschler Ch 26 Sec. 79.7. The fact that the regulation for which funds
are denied may have been promulgated pursuant to court order

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and pursuant to constitutional provisions is an argument on the merits
of the amendment and does not render it legislative in nature.
Deschler Ch 26 Sec. 64.28.

Sec. 53 . Interference with Executive Discretion

Assuming that it does not change existing law, a negative
restriction on the availability of funds for a specified purpose in a
general appropriation bill may be a proper limitation even though it
indirectly interferes with an executive official's discretionary
authority by denying the use of funds. Deschler Ch 26 Sec. 64.26. The
limitation may in fact amount to a change in policy, but if the
limitation is merely a negative restriction on use of funds, it will
normally be allowed. 7 Cannon Sec. 1694; Deschler Ch 26 Sec. 51. Thus,
it is in order on a general appropriation bill to provide that no
part, or not more than a specified amount, of an appropriation shall
be used in a certain way, even though executive discretion be thereby
negatively restricted. 4 Hinds Sec. 3968; Deschler Ch 26 Sec. 51.9.
On the other hand, it is not in order, under the guise of a
limitation, to affirmatively interfere with executive discretion by
coupling a restriction on the payment of funds with a positive
direction to perform certain duties contrary to existing law. Deschler
Ch 26 Sec. 51.12. For example, an amendment prohibiting funds from
being used to handle parcel post at less than attributable cost was
ruled out on the point of order that its effect would directly
interfere with the Postal Rate Commission's quasi-discretionary
authority to establish postal rates under guidelines in law. Deschler
Ch 26 Sec. 51.22.
The point of order lies against language enlarging or granting new
discretionary authority as well as against language curtailing
executive discretion. An amendment in the form of a limitation
providing that no part of the appropriated funds shall be paid to any
State unless the Secretary of Agriculture is satisfied that the State
has complied with certain conditions was held to be legislation
imposing new discretionary authority on a Federal official. Deschler
Ch 26 Sec. 52.25.

Sec. 54 . Imposing Duties or Requiring Determinations

Generally; Imposing Executive Duties

Although it is in order in a general appropriation bill to limit
the use of funds for an activity authorized by law, the House may not,
under the guise of a limitation in the bill, impose additional burdens
and duties on an executive officer. Such a provision may be ruled out
as legislation on a general appropriation bill in violation of clause
2 of rule XXI. Manual

[[Page 123]]

Sec. 1054. Of course, the application of any limitation on an
appropriation bill places some minimal extra duties on Federal
officials, who, if nothing else, must determine whether a particular
use of funds is prohibited by the limitation; but when an amendment,
while curtailing certain uses of funds carried in the bill, explicitly
places new duties on officers of the government or inevitably requires
them to make investigations, compile evidence, discern the motives or
intent of individuals, or make judgments not otherwise required of
them by law, then it assumes the character of legislation and is
subject to a point of order. Deschler Ch 26 Sec. 52.4.

Requiring Executive Determinations

A restriction on the use of funds in a general appropriation bill
which requires a Federal official to make a substantive determination
not required by any law applicable to such official's authority,
thereby requiring new investigations not required by law, is
legislation in violation of clause 2 of rule XXI. Deschler Ch 26
Sec. 52.38. Thus, it is not in order to require Federal officials, in
determining the extent of availability of funds, to make substantial
findings not required by existing law, or to make evaluations of
propriety and effectiveness not required to be made by existing law.
Manual Sec. 1054. Language requiring new determinations by Federal
officials is subject to a point of order regardless of whether or not
State officials administering the Federal funds in question routinely
make such determinations. Deschler Ch 26 Sec. 61.12.
On the other hand, if the determinations required by the language
are already required by law, no point of order lies. For example, an
amendment denying funds to rehire certain Federal employees engaged in
a strike in violation of Federal law was held in order as a limitation
not requiring new determinations on the part of Federal officials
administering those funds, because existing law and a court order
enjoining the strike already imposed an obligation on the
administering officials to enforce the law. Deschler Ch 26 Sec. 74.6.

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Impermissible Duties or Determinations

Set out below are provisions that have been ruled out under clause
2 of rule XXI as imposing new duties or requiring new determinations
not found in existing law:

An amendment proposing a reduction of expenditures through an
apportionment procedure authorized by law, but requiring such
reduction to be made ``without impairing national defense.''
Deschler Ch 26 Sec. 52.6.
A provision prohibiting use of funds for the furnishing of
sophisticated weapons systems to certain countries ``unless the
President determines'' it to be important to national security,
such determination to be reported within 30 days to the
Congress. Deschler Ch 26 Sec. 56.1.
An amendment providing that no part of the appropriation could
be used to make grants or loans to any country that the
Secretary of State believed to be dominated by the foreign
government controlling the world Communist movement. Deschler
Ch 26 Sec. 59.17.
An amendment prohibiting payment of funds in the bill for the
support of any action resulting in the destruction of a
structure of historic or cultural significance. Deschler Ch 26
Sec. 52.17.
A provision providing funds for grants to States for
unemployment compensation ``only to the extent that the
Secretary finds necessary.'' Deschler Ch 26 Sec. 52.14.
A paragraph requiring that appropriations in the bill be
available for expenses of attendance of officers and employees
at meetings or conventions ``under regulations prescribed by
the Secretary.'' Deschler Ch 26 Sec. 52.13.
An amendment restricting the availability of funds for certain
countries until the President reports to Congress his
determination that such country does not deny or impose more
than nominal restrictions on the right of its citizens to
emigrate. Deschler Ch 26 Sec. 55.5.
An amendment denying the use of funds for foreign firms that
receive certain government subsidies but permitting the
President to waive such restriction in the national interest
with prior notice to Congress. Deschler Ch 26 Sec. 56.7.
An amendment denying the use of funds for a certain
publication until there had been a review of all conclusions
reached therein and a determination that they were factual. 96-
2, July 30, 1980, pp 20504-506.
A provision limiting the availability of funds for grants-in-
aid to any airport that failed to provide designated and
enforced smoking and nonsmoking areas for passengers in airport
terminal areas. 99-2, July 30, 1986, p 18188.
A section restricting funds for special pay of physicians or
dentists whose ``primary'' duties were administrative. 98-1,
Nov. 2, 1983, p 30494.
A provision restricting funds to carry out any requirement
that small businesses meet certain prequalifications of
``acceptable'' product marketability to be eligible to bid on
certain defense contracts. 98-1, Nov. 2, 1983, p 30495.

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Determinations as to Intent or Motive

An amendment curtailing the use of the funds for certain purposes
if the funds are used with a certain intent or motive requires new
determinations by the officials administering the funds and is subject
to a point of order as legislation. 91-1, July 31, 1969, pp 21653,
21675. Thus, an amendment prohibiting the use of funds in the bill to
pay rewards for information leading to the detection of any person
violating certain laws, or ``conniving'' to do so, was ruled out as
legislation because the amendment required the executive branch to
determine what constitutes ``conniving'' in violating the law. 96-1,
July 13, 1979, p 18451. Similarly, an amendment denying use of funds
in the bill to grant business licenses to persons selling drug
paraphernalia ``intended for use'' in drug preparation or use was
ruled out as legislation requiring new duties and judgments of
government officials. Deschler Ch 26 Sec. 23.18.
An amendment prohibiting the use of funds in the bill for
abortions or abortion-related services, and defining abortion as the
``intentional'' destruction of unborn human life, was conceded to
impose new affirmative duties on officials administering the funds and
was ruled out as legislation. Deschler Ch 26 Sec. 25.14. Similarly, a
paragraph prohibiting the use of funds to perform abortions except
where the mother's life would be endangered if the fetus were carried
to term (or where the pregnancy was a result of rape or incest) was
held to impose new affirmative duties. Manual Sec. 1054.
A paragraph denying use of funds in the bill to sell certain loans
except with the consent of the borrower was conceded to be legislation
requiring new determinations of ``consent'' and was ruled out in
violation of clause 2(c) of rule XXI. 98-2, May 31, 1984, p 14590.

Negative Prohibition and Affirmative Direction Distinguished

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

Imposing ``Incidental'' Duties

The fact that a limitation on the use of funds may impose certain
incidental burdens on executive officials does not destroy the
character of the limitation as long as it does not directly amend
existing law and is descrip

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tive of functions and findings already required to be undertaken by
existing law. Manual Sec. 1053; Deschler Ch 26 Sec. 71.2. Thus, an
amendment reducing the availability of funds for trade adjustment
assistance by amounts of unemployment insurance entitlements was held
in order where the law establishing trade adjustment assistance
already required the disbursing agency to take into consideration
levels of unemployment insurance in determining payment levels.
Deschler Ch 26 Sec. 61.21.
The proponent must be prepared to show that the new duties are
merely incidental to functions already required by law and do not
involve substantive new determinations. 99-1, July 26, 1985, p 20808.

Effect of Information ``Made Known''

As noted above (Sec. 44, supra) and in the Manual Sec. 1054,
clauses 2(b) and 2(c) of rule XXI were amended in the 105th Congress
to render legislation a provision that conditions the availability of
funds on certain information not required by existing law on being
``made known'' to an executive official, superseding 7 Cannon
Sec. 1695.

Imposing Duties on Non-Federal Official

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

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

Duty of Statutory Construction

Although all limitations on funds on appropriation Acts require
Federal officials to construe the language of that law in
administering those funds, that duty of statutory construction, absent
a further imposition of an affirmative direction not required by law,
does not destroy the validity of the limitation. Deschler Ch 26
Sec. 64.30. Thus, an amendment restricting the use of funds for
abortion or abortion-related services and activities was upheld as a
negative limitation imposing no new duties on Federal officials other
than to construe the language of the limitation in administering the
funds. Deschler Ch 26 Sec. 73.8. Similarly, it is in order on a
general appropriation bill to deny funds for the payment of salary to
a Federal employee who is not in compliance with a Federal law, if the
limitation places no new duties on the Federal official who is already
charged with enforcing that law. Deschler Ch 26 Sec. 52.34.

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On the other hand, it is not in order in a general appropriation
bill to limit the use of an appropriation or to provide how existing
laws, rules, and regulations should be construed in carrying out the
limitation. Also, it is not in order to condition the availability of
funds or contract authority upon an interpretation of local law where
that determination is not required by existing law. Manual
Sec. Sec. 1054, 1056.

Implementation of Existing Rules or Policies

It is in order on a general appropriation bill to make the
availability of funds therein contingent upon the implementation of a
policy already enacted into law, providing the description of that
policy is precise and does not impose additional duties on the
officials responsible for its implementation. 92-1, Nov. 17, 1971, p
41838. Similarly, an amendment prohibiting the use of funds in the
bill to an agency to implement a ruling of the agency may be held in
order as a limitation, where the amendment is merely descriptive of an
existing ruling already promulgated by that agency and does not
require new executive determinations. Deschler Ch 26 Sec. 64.27.

Sec. 56 . Conditional Limitations

Generally

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

To make the availability of funds in the bill contingent upon
a substantive determination by an executive official which is
not otherwise required by law. Manual Sec. 1054.
To impose additional duties on an executive officer and to
make the appropriation contingent upon the performance of such
duties. Manual Sec. 1054.
To condition the use of such funds on the performance of a new
duty not expressly required by law. Manual Sec. 1054.

To a bill making appropriations for the U.S. contribution to
various international organizations, an amendment providing that none
of the funds might be expended until all other members had met their
financial obligations was ruled out as legislation that imposed a duty
on a Federal official to determine the extent of such obligations.
Deschler Ch 26 Sec. 59.16.
In one instance, an amendment limiting funds for foreign aid until
the President submitted a report analyzing the effectiveness of U.S.
economic assistance for each recipient country was held to change
existing law and was ruled out of order as a violation of clause 2 of
rule XXI. 100-2, May 25, 1988, p 12270. However, the imposition of
certain incidental burdens on executive officials will not destroy the
character of the limitation as long

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as those duties--such as statistical comparisons and findings of
residence and employment status--are already mandated by law. Manual
Sec. 1053.
Language in a general appropriation bill in the form of a
conditional limitation requiring determinations by Federal officials
will be held to change existing law in violation of clause 2 of rule
XXI unless the Committee on Appropriations can show that the new
duties are merely incidental to functions already required by law and
do not involve substantive new determinations. Manual Sec. 1053.
A conditional limitation in a general appropriation bill may also
be subject to a point of order where the condition is not related to
the expenditures specified in the bill. Where a bill contained funds
not only for certain allowances for former President Nixon but also
for other departments and agencies, an amendment delaying the
availability of all funds in the bill until Nixon had made restitution
of a designated amount to the U.S. government was ruled out as not
germane and as legislation, where that contingency was not related to
the availability of other funds in the bill. 93-2, Oct. 2, 1974, pp
33620, 33621. For a discussion of conditions as legislation on
appropriation bills generally, see Sec. 29, supra.

Condition Subsequent

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

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

On the other hand, it is not in order in a general appropriation
bill to restrict the discretionary authority of an executive official
by a condition subsequent that changes existing law. Manual Sec. 1054.
For example, where existing law confers discretionary authority on an
executive agency as to the submission of health and safety information
by applicants for licenses, an amendment to a general appropriation
bill restricting that discretion by re

[[Page 129]]

quiring the submission of such information as a condition of receiving
funds constitutes legislation. 96-1, June 18, 1979, pp 15286, 15287.

Conditions Relating to the Application or Interpretation of State Law

A limitation in a general appropriation bill may be upheld where
it denies funds for a certain activity where that activity would be in
violation of State law. However, such a limitation may be subject to a
point of order if it imposes on Federal officials a duty to become
conversant with a variety of State laws and regulations. Whether such
duty would constitute a new or additional duty not contemplated in
existing law would then be at issue. Deschler Ch 26 Sec. 67.8.
Language in an appropriation bill that specifies that funds
therein shall not be used for any project which ``does not have local
official approval'' has been upheld as not imposing additional duties,
and in order. 89-1, Oct. 14, 1965, p 26994.

Sec. 57 . Exceptions to Limitations

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

An amendment inserting ``Except as required by the
Constitution'' in provisions prohibiting the use of funds to
force a school district to take action involving the busing of
students. Deschler Ch 26 Sec. 64.14.
A paragraph denying use of funds for antitrust actions against
units of local government, but providing that the limitation
did not apply to private antitrust actions. Deschler Ch 26
Sec. 66.10.
A provision excepting a limitation on funds for food stamp
assistance for certain households eligible for general
assistance from a local government. Deschler Ch 26 Sec. 64.15.
A provision excepting a limitation on funds for the Office of
Personnel Management to enter contracts for health benefit
plans that excepted certain specified coverage and plans.
Manual Sec. 1054.

Exceptions to limitation amendments that fail to comply with the
principle that limiting language must not contain legislation are
subject to a point of order under clause 2 of rule XXI. Deschler Ch 26
Sec. 63.7. That point of order will lie, for example, against an
exception from a limitation if it contains legislation requiring new
executive determinations. Manual Sec. 1054.

[[Page 130]]

However, an exception from a limitation may include language
precisely descriptive of authority provided in law as long as the
exception only requires determinations already required by law and
does not impose new duties on Federal officials. Deschler Ch 26
Sec. 66.3.

Sec. 58 . Limitations as to Recipients of Funds

Although it is not in order in a general appropriation bill to
legislate as to qualifications of the recipients of an appropriation,
the House may specify that no part of the appropriation shall go to
recipients lacking certain qualifications. Manual Sec. 1053; 7 Cannon
Sec. 1655; Deschler Ch 26 Sec. 53. It is in order to describe the
qualifications of the recipients of the funds and to deny the
availability of those funds to recipients not meeting those criteria,
the restriction being confined to the fiscal year covered by the bill.
Deschler Ch 26 Sec. 64.15. It is likewise in order to deny the
availability of funds in the bill to an office that fails to satisfy
certain factual criteria, as long as no new substantive determinations
are required. 95-2, June 14, 1978, p 17668.
Amendments requiring the recipients of funds carried in the bill
to be in compliance with an existing law have been permitted where the
Federal officials concerned are already under an obligation to oversee
the enforcement of existing law and are thus burdened by no additional
duties by the amendment. 91-1, July 31, 1969, p 21633.
Limitations relating to the qualifications of recipients that have
been held in order include:

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

An amendment to a general appropriation bill that denies the
availability of funds in the bill for the benefit of a certain
category of recipients but which requires Federal officials to make
additional determinations not required by law as to the qualifications
of those recipients is legislation. Deschler Ch 26 Sec. 53.4. Such an
amendment is legislation if it requires a Federal official to
subjectively evaluate the propriety or nature of individual

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

An amendment denying funds for financial assistance to college
students who had engaged in certain types of disruptive
conduct, and requiring that the college initiate certain
hearing procedures. Deschler Ch 26 Sec. 61.4.
An amendment prohibiting the use of ``impacted school
assistance'' funds for children whose parents were employed on
Federal property outside the school district. Deschler Ch 26
Sec. 52.18.
An amendment prohibiting the expenditure of funds in any
workplace that was not free of illegal substances by requiring
contract recipients to so certify and requiring contracts to
contain provisions withholding payment upon violation. Manual
Sec. 1054.
An amendment requiring an agency to investigate and determine
whether a person or entity entering into a contract with funds
under the pending bill is subject to a legal proceeding
commenced by the Federal government and alleging fraud. Manual
Sec. 1054.

Sec. 59 . Limitations on Funds in Other Acts

A limitation must apply solely to the money of the appropriation
under consideration and may not be applied to money appropriated in
other Acts. A limitation that is not confined to funds in the pending
bill is legislation on an appropriation bill under clause 2 of rule
XXI and not in order. 4 Hinds Sec. 3927; 7 Cannon Sec. 1495; Deschler
Ch 26 Sec. Sec. 27.2, 27.7, 27.8, 27.12, 27.16. An amendment to an
appropriation bill seeking to change a limitation on expenditures
carried in a previous appropriation bill has been held to be
legislation and not in order. Deschler Ch 26 Sec. Sec. 22.9, 22.10.
Language requiring future fiscal year funding to be subject to
limitations to be subsequently specified is legislation and not in
order. Manual Sec. 1053.
Provisions in general appropriation bills that have been held out
of order because they imposed a limitation that was not confined to
the funds in the bill include:

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

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

Sec. 59a . Funding Floors

Highway Trust Fund

Clause 3 of rule XXI, as amended in the 112th Congress, prohibits
consideration of a general appropriation bill proposing certain
expenditures from the Highway Trust Fund. As originally added by the
Transportation Equity Act for the 21st Century (Pub. L. 105-178), that
clause required a minimum level of obligation limitations for certain
categories of surface transportation funding. For additional
background on the prior iteration of that clause, see Appropriations,
Sec. 59a of House Practice (2003) and Manual Sec. 1064 for the 111th
Congress (H. Doc. 110-162).

Funding for Aviation Programs

Section 106 of the Wendell H. Ford Aviation Investment and Reform
Act for the 21st Century (Pub. L. 106-181) added a provision
establishing points of order to guarantee a certain level of budget
resources available from the Airport and Airway Trust Fund each fiscal
year through fiscal year 2003 (subsequently extended to 2007), to
restrict the uses of those resources, and to guarantee a certain level
of appropriations. The chairs of the Committee on Rules and the
Committee on Transportation and Infrastructure inserted in the
Congressional Record correspondence concerning points of order
established in this section. Manual Sec. 1064a; 106-2, Mar. 15, 2000,
p 2805.

V. Reappropriations

Sec. 60 . In General

Generally; Transfers Distinguished

A restriction against the inclusion of reappropriations in general
appropriation bills is set forth in clause 2(a) of rule XXI. Manual
Sec. 1037. Reappropriations are to be distinguished from transfers of
funds, which are permitted under some circumstances. See Sec. Sec. 36,
37, supra.
Before enactment of the Legislative Reorganization Act of 1946,
provisions that reappropriated in a direct manner unexpended balances
and continued their availability for the same purpose for an extended
period of time

[[Page 133]]

were not prohibited by rule XXI, because they were not deemed to
change existing law by conferring new authority. 4 Hinds Sec. 3592; 7
Cannon Sec. 1152; Deschler Ch 26 Sec. 30. Today, however, with two
exceptions, clause 2(a) of rule XXI precludes the reappropriation of
unexpended balances in a general appropriation bill or amendment
thereto. Manual Sec. 1037. The rule specifically excludes (1)
appropriations in continuation of appropriations for public works on
which work has commenced, and (2) transfers of unexpended balances
within the department or agency for which they were originally
appropriated. Manual Sec. 1037. As to what constitutes a public work
in progress under clause 2 of rule XXI, see Sec. 26, supra.
Clause 2(a) of rule XXI is limited by its terms to general
appropriation bills and amendments thereto, and the exceptions
specified by it apply only to propositions reported by the Committee
on Appropriations. Manual Sec. 1037. An unreported joint resolution
carrying a transfer of unobligated balances of previously appropriated
funds--and not containing an appropriation of any new budget
authority--is not a general appropriation bill within the meaning of
that rule. Manual Sec. 1044.

Provisions Subject to a Point of Order

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

Authorization Bills and Reappropriations

Language in an appropriation bill continuing the availability of
unobligated balances of prior appropriations is in order where
provisions of the original authorizing legislation permit such a
reappropriation and are still in effect. Deschler Ch 25 Sec. 3.8.
Clause 2(a) of rule XXI is not applicable to appropriation bills when
the reappropriation language is identical to legislative authorization
language enacted subsequent to the adoption of the rule, because the
authorizing law is a more recent expression of the will of the House.
Deschler Ch 25 Sec. 3.7.

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VI. Reporting; Consideration and Debate

A. Generally

Sec. 61 . Privileged Status; Voting

Generally

General appropriation bills have long enjoyed privileged status
under the rules of the House. Such bills may be reported ``at any
time'' under clause 5 of rule XIII. Manual Sec. 853; see also
Committees. In 1981, this privilege was extended to joint resolutions
continuing appropriations for a fiscal year if reported after
September 15 preceding the beginning of such fiscal year. Manual
Sec. 853. The privilege does not extend to special appropriations to
address a specific purpose. 8 Cannon Sec. 2285. Similarly, a joint
resolution providing an appropriation for a single government agency
is not a general appropriation bill and is not reported as privileged.
Deschler Ch 25 Sec. 7.4. Consideration of a privileged appropriation
bill is subject to layover requirements. Sec. 62, infra.
Nonprivileged appropriation bills may be made in order by
unanimous consent or pursuant to a special order of business reported
by the Committee on Rules. Deschler Ch 25 Sec. 6; see also Sec. 75,
infra.

Prior Consideration in the Committee of the Whole

All bills or joint resolutions ``directly or indirectly making
appropriations'' require initial consideration in the Committee of the
Whole, and a point of order may be made under clause 3 of rule XVIII
at any time before the consideration of a bill or joint resolution has
commenced. Manual Sec. 973. Motions to resolve into the Committee of
the Whole for the purpose of considering general appropriation bills
have precedence under clause 4(b) of rule XVIII. Manual Sec. 977.

Consideration in the House as in the Committee of the Whole

Pursuant to an order of the House, an appropriation bill may be
called up as if privileged and considered in the House as in the
Committee of the Whole (meaning that the bill is considered as read
and open to amendment at any point under the five-minute rule, without
general debate). 89-1, July 28, 1965, p 18578; 89-1, Oct. 13, 1965, p
26881; 91-2, June 24, 1970, p 21239.

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Sec. 62 . When Bills May Be Considered

The privilege given to general appropriation bills is subject to
the requirement of clause 4 of rule XIII that such bills may not be
considered in the House until printed committee hearings and a
committee report thereon have been available for at least three
calendar days (excluding Saturdays, Sundays, and legal holidays if not
in session). Manual Sec. Sec. 850, 852. Availability may be measured
by electronic availability under clause 3 of rule XXIX or by access to
printed copies. Manual Sec. 1105b.
The three-day layover requirement may be waived by unanimous
consent or pursuant to the adoption of a special order of business
from the Committee on Rules.

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

Generally; Perfecting Amendments

Under clause 5(a) of rule XVIII, amendments perfecting a general
appropriation bill are considered in the Committee of the Whole during
the reading of the bill for amendment under the five-minute rule.
Manual Sec. Sec. 978, 980. General appropriation bills are read for
amendment by paragraph--unless a special order of business provides
otherwise--whereas bills appropriating funds for a specific purpose
are read by sections. 4 Hinds Sec. Sec. 4739, 4740; Deschler Ch 25
Sec. 11.8.
However the bill is read--either by paragraph, section, or other
subdivision--an amendment to a given portion must be made after that
portion has been read or is considered as read by the Clerk. An
amendment to a paragraph that has been passed in the reading of the
bill may be offered only by unanimous consent. Deschler Ch 25
Sec. 11.13. For more on the proper time to offer amendments, see
Amendments.
Where the reading proceeds by paragraph, a paragraph that is
composed of discrete sub-units of indented text is nonetheless treated
as a single paragraph for purposes of offering amendments. 102-2, July
1, 1992, pp 17272, 17273, 17277 (reversing a ruling at 98-2, Nov. 30,
1982, p 28066).

En Bloc Amendments

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

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the proponent with regard to the levels of budget authority or
outlays. Manual Sec. 1063a.

Consideration in the House

Amendments adopted in the Committee of the Whole are reported to
the House for action. During consideration of the bill in the House,
it is in order to demand that those amendments be voted on separately.
Deschler Ch 25 Sec. 11.21.
Under clause 10 of rule XX, the yeas and nays are automatically
ordered when the Speaker puts the question on final passage or
adoption of any bill, joint resolution, or conference report making
general appropriations. Manual Sec. 1033.

Sec. 64 . -- Limitation Amendments; Retrenchments

Amendments Authorized in Existing Law

Limitation amendments ``specifically contained or authorized in
existing law for the period of the limitation'' may, pursuant to
clause 2(c) of rule XXI, be offered in the Committee of the Whole
during the reading of a general appropriation bill for amendment.
Manual Sec. Sec. 1039, 1053. However, that rule is strictly construed
to apply only where existing law requires or permits the inclusion of
limiting language in an appropriation Act, and not merely where the
limitation is alleged to be ``consistent with existing law.'' Manual
Sec. 1053.

Limitation Amendments Not Authorized in Existing Law; Retrenchment
Amendments

In 1983 and in 1995, the House adopted and then modified
procedures for the consideration of retrenchment and limitation
amendments: such amendments are in order only (1) when reading of the
bill has been completed and (2) if the Committee of the Whole does not
adopt a motion, if offered by the Majority Leader or a designee, to
rise and report the bill back to the House. Manual Sec. Sec. 1040,
1043. Pursuant to clause 2(d) of rule XXI, a general appropriation
bill must be read for amendment in its entirety (including the short
title of the bill if part of the text) before retrenchments or
amendments proposing limitations are in order. In practice, however,
the Committee of the Whole may choose to entertain such amendments
before the short title is read. After the bill has been read, the
motion that the Committee of the Whole rise and report the bill to the
House with the amendments adopted takes precedence over any other
amendment. Manual Sec. 1043. Under clause 2(d), an amendment proposing
a limitation not specifically contained or authorized in existing law
for the period of the limitation is

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not in order during the reading of the bill, and if offered at the
completion of the reading, can be entertained only if a preferential
motion to rise and report, if offered, is rejected. Manual Sec. 1043.
However, the amendment with the limitation if offered first may be
considered as pending upon rejection by the Committee of the
preferential motion to rise and report. 99-1, July 30, 1985, pp 21534-
36.
Unlike an amendment proposing a limitation or a retrenchment, an
amendment simply reducing an amount provided in a general
appropriation bill is not subject to the requirements of clause 2(d)
of rule XXI. Such amendment need not await the completion of the
reading and the disposition of other amendments or yield to a
preferential motion to rise and report. 102-2, June 30, 1992, pp
17139-41.

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

Generally

Under the former practice, points of order ordinarily had to be
reserved against a general appropriation bill at the time the bill was
reported to the House and referred to the Union Calendar and could be
reserved after the bill had been referred to the Committee of the
Whole only by unanimous consent. Deschler Ch 25 Sec. 12.1. Under
clause 1 of rule XXI, however, it is not necessary to reserve points
of order at the time the bill is referred to the Union Calendar; the
right of a Member to raise them at a later time is automatically
protected. Manual Sec. 1035.

Against Amendments

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

Sec. 66 . -- Timeliness

Generally; Points of Order Against Paragraphs

A point of order against a provision in a general appropriation
bill may not be entertained during general debate but must await the
reading of that portion of the bill for amendment. 103-1, June 18,
1993, pp 13359, 13360. Such a point of order cannot be reserved. 108-
1, July 22, 2003, p 18984. The time for making points of order against
items in an appropriation bill is after the House has resolved itself
into the Committee of the Whole and after the paragraph containing
such items has been read for amendment.

[[Page 138]]

Deschler Ch 25 Sec. 12.8. A point of order against the paragraph on
the ground that it is legislation will not lie before the paragraph is
read. Deschler Ch 26 Sec. 2.10. A point of order against two
consecutive paragraphs comprising a section in the bill can be made
only by unanimous consent. Deschler Ch 25 Sec. 12.5.
Points of order against a paragraph must be made before an
amendment is offered thereto or before the Clerk reads the next
paragraph heading and amount. Manual Sec. 1044; Deschler Ch 26 Sec. 2.
A point of order against a paragraph that has been passed in the
reading for amendment may be made only by unanimous consent. See
Points of Order; Parliamentary Inquiries.
A point of order must be made against a paragraph after it is read
and before an amendment is offered thereto, including a pro forma
amendment offered for the purpose of debate only and an amendment that
is ruled out of order. Deschler Ch 26 Sec. 2.21. However, the point of
order is not precluded by the fact that, by unanimous consent, an
amendment had been offered to the paragraph before it was read.
Deschler Ch 26 Sec. 2.10. As required by clause 2(f), the Chair will
query for points of order against the provisions of an appropriation
bill unprotected by waiver and not yet reached in the reading but
addressed by an amendment offered en bloc under that clause. Manual
Sec. 1058.

Timeliness Where Bill is Considered as Read

Where a general appropriation bill or a portion thereof (a title,
for example) is considered as read and open to amendment by unanimous
consent, points of order against provisions therein must be made
before amendments are offered and cannot be reserved pending
subsequent action on amendments. Manual Sec. 1044; Deschler Ch 26
Sec. 2. In this situation, the Chair first inquires whether any Member
desires to raise a point of order against any portion of the pending
text. The Chair then recognizes Members to offer amendments to that
text. Deschler Ch 26 Sec. 2.15. A point of order comes too late if it
is made after the Chair has asked for amendments after having asked
for points of order. Deschler Ch 26 Sec. 2.16.
Where an appropriation bill partially read for amendment is then
opened for amendment ``at any point'' (rather than for ``the remainder
of the bill''), points of order to paragraphs already read may yet be
entertained. Deschler Ch 26 Sec. 2.14.

Points of Order Against Amendments

Points of order against proposed amendments to a general
appropriation bill must be made or reserved immediately after the
amendment is read.

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After a Member has been granted time to address the Committee of the
Whole on an amendment, it is too late to make a point of order against
it. Deschler Ch 26 Sec. 12.13.

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

Generally; Against Paragraphs of Bill

Points of order against unauthorized appropriations or legislation
on general appropriation bills may be raised against an entire
paragraph or a portion of a paragraph. 4 Hinds Sec. 3652; 5 Cannon
Sec. 6881. If raised against only a portion of a paragraph, any Member
may extend the point of order to the entire paragraph. Manual
Sec. 1044.
Where a point of order is made against an entire paragraph in an
appropriation bill on the ground that a portion thereof is in conflict
with the rules of the House and the point of order is sustained, the
entire paragraph is eliminated. Manual Sec. 1044; Deschler Ch 26
Sec. 2.4. Similarly, where a point of order is made against an entire
proviso on the ground that a portion of it is subject to the point of
order, and the point of order is sustained, the entire proviso is
eliminated. Deschler Ch 26 Sec. 2.6.

Against Amendments

If any portion of an amendment to an appropriation bill
constitutes legislation, the entire amendment is subject to a point of
order. Manual Sec. 1044.
A point of order against an amendment as legislation on a general
appropriation bill must be determined in relation to the bill in its
modified form (as affected by disposition of prior points of order).
Deschler Ch 26 Sec. 2.24.

Sec. 68 . -- Waiving Points of Order

Generally; Alternative Procedures

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

By unanimous consent. Deschler Ch 26 Sec. 31.
By special order of business from the Committee on Rules.
Manual Sec. 1058; 4 Hinds Sec. Sec. 3260-3263; Deschler Ch 26
Sec. 3.
By motion to suspend the rules. 4 Hinds Sec. 3845.
By failure to make a timely point of order. Deschler Ch 26
Sec. 3.17.

Note: Although legislation in an appropriation bill may be subject
to a point of order under clause 2 of rule XXI, such language
ultimately included in an appropriation Act becomes permanent law
where it is permanent in its language and nature. Deschler Ch 26
Sec. 3.17.

[[Page 140]]

Waiver of Points of Order by Special Order of Business

A waiver of points of order pursuant to a special order of
business from the Committee on Rules may be couched in broad terms, as
where it seeks to protect the entire bill against points of order.
Deschler Ch 26 Sec. 3.14. The waiver also may be confined to points of
order directed at a particular title or a specified chapter of the
bill. Deschler Ch 26 Sec. Sec. 3.7, 3.8. A waiver may be very limited
in scope, as where it permits points of order against portions of
certain paragraphs but not against entire paragraphs. See Deschler Ch
26 Sec. 3.5.

Waiver of Particular Points of Order

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

Against certain paragraphs in an appropriation bill not
authorized by law or containing legislative language. Deschler
Ch 26 Sec. Sec. 3.2, 3.6.
Against reappropriations in violation of clause 2(a) of rule
XXI. 97-1, July 30, 1981, p 18803.
Against consideration of a bill containing new budget
authority in excess of allocations to subcommittees and for
failure of the committee report to contain a comparison of
spending in the bill with subcommittee allocations. 99-2, Apr.
22, 1986, pp 8343, 8344, 8348.
Against consideration of the bill until printed committee
hearings and the committee report have been available for three
days as is required by clause 4 of rule XIII. Deschler Ch 25
Sec. 10.3.

Application of Waiver to Points of Order Against Amendments

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

[[Page 141]]

Sec. 69 . Amending Language Permitted to Remain

When in Order

Language that has been permitted to remain in a general
appropriation bill or amendment by virtue of a waiver may be modified
by a further amendment if it is germane and does not contain
additional legislation or additional unauthorized items. Manual
Sec. 1058; 4 Hinds Sec. 3862; 7 Cannon Sec. 1420; Deschler Ch 26
Sec. 3. The Chair will examine an entire legislative provision
permitted to remain when ruling that an amendment to a portion of the
provision was merely perfecting. Manual Sec. 1058.
Where an unauthorized appropriation is permitted to remain in the
bill by failure to raise, or by waiver of, a point of order, an
amendment merely changing the amount and not adding legislative
language or earmarking separate funds for another unauthorized purpose
is in order. Manual Sec. 1058; Deschler Ch 26 Sec. 3.38. However, an
increase in the amount may violate certain budget-related rules. An
amendment adding a new paragraph indirectly increasing an unauthorized
amount contained in a prior paragraph passed in the reading is subject
to a point of order because the new paragraph is adding a further
unauthorized amount not textually protected by the waiver. However, a
new paragraph indirectly reducing an unauthorized amount permitted to
remain in a prior paragraph passed in the reading is not subject to a
point of order, because it is not adding a further unauthorized
amount. Manual Sec. 1058. Merely narrowing the application of an
unauthorized appropriation permitted to remain by way of germane
exception is not subject to a point of order. Deschler Ch 26
Sec. Sec. 3.23, 3.24.
To a legislative provision permitted to remain conferring
assistance on a certain class of recipients, an amendment adding
another class is further legislation and is not merely perfecting in
nature. On the other hand, to a legislative provision permitted to
remain, an amendment particularizing a definition in the language was
held not to constitute additional legislation where it was shown that
the definition being amended already contemplated inclusion of the
covered class. Manual Sec. 1058.

When Not in Order

Although legislative language in a general appropriation bill that
is permitted to remain therein because of a waiver of points of order
may be perfected by germane amendment, such an amendment may not add
additional legislation. Manual Sec. 1058; 4 Hinds Sec. Sec. 3836,
3837; 7 Cannon Sec. Sec. 1425-1434; 101-1, Aug. 2, 1989, p 18166. Such
an amendment may not earmark funds for an unauthorized purpose or
direct a new use of funds not required by law. Manual Sec. 1058;
Deschler Ch 26 Sec. 3.30. The figures in an unauthorized

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item permitted to remain may be perfected. However, the provision may
not be changed by an amendment substituting funds for a different
unauthorized purpose. Deschler Ch 26 Sec. 3.45. An increase in such
figure may not be accompanied by legislative language directing
certain expenditures. Deschler Ch 26 Sec. 3.42. Amendments to language
permitted to remain in an appropriation bill that have been ruled out
under clause 2 of rule XXI include:

An amendment adding additional legislation prohibiting the
availability of funds in other Acts for certain other purposes.
Deschler Ch 26 Sec. 3.18.
An amendment adding an additional class of recipients to those
covered by a legislative provision permitted to remain.
Deschler Ch 26 Sec. 3.34.
An amendment adding further unauthorized items of
appropriation or adding legislation in the form of new duties.
99-2, July 23, 1986, pp 16850, 16851.
An amendment broadening the application of a legislative
provision permitted to remain so as to apply to other funds.
Manual Sec. 1058.
An amendment adding a new paragraph in another part of the
bill that indirectly increases an unauthorized amount passed in
the reading, because not textually protected by the waiver.
Manual Sec. 1058; 104-1, July 12, 1995, pp 18627-29.
An amendment increasing an authorized amount above the
authorized ceiling. Manual Sec. 1058.
An amendment in the form of a motion to strike, extending the
legislative reach of the pending text. Manual Sec. 1058.
An amendment extending restrictions on recipients of a defined
set of Federal payments and benefits to persons benefiting from
a certain tax status determined on the basis of wholly
unrelated criteria. Manual Sec. 1058.
An amendment explicitly waiving a different provision of law
than that addressed in language permitted to remain. Manual
Sec. 1058.

B. Senate Amendments

Sec. 70 . In General

Senate Amendments Before Stage of Disagreement

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

[[Page 143]]

nistic, and the practices discussed below regarding disposition of
Senate amendments normally involve the post-conference stage of
consideration where the stage of disagreement has been reached and
motions in the House to dispose of Senate amendments are privileged
(Manual Sec. Sec. 528a-d, 1075).

Amending Senate Amendments

A point of order under clause 2 of rule XXI does not lie against a
Senate amendment to a House general appropriation bill. Manual
Sec. Sec. 1059, 1076; 7 Cannon Sec. 1572. Where a Senate amendment on
a general appropriation bill proposes an expenditure not authorized by
law, it is in order in the House to perfect such Senate amendment by
germane amendments. Deschler Ch 25 Sec. 13.13; Deschler Ch 26
Sec. 6.1. Similarly, where the Senate attaches a ``legislative''
amendment to the bill, it is in order in the House to concur with a
perfecting amendment provided such amendment is germane to the Senate
amendment. Deschler Ch 25 Sec. 13.14. In amending a Senate amendment,
the House is not confined to the limits of the amount set by the
original bill and the Senate amendment. Deschler Ch 25 Sec. 13.15.

Amendments Reported in Disagreement

A Senate amendment containing legislation reported from conference
in disagreement (see Sec. 71, infra) may be amended by a germane
amendment even though the proposed amendment also is legislative.
Manual Sec. 1059; Deschler Ch 26 Sec. 6.9. Although clause 5 of rule
XXII prohibits House conferees from agreeing to a Senate amendment
that proposes legislation on an appropriation bill without specific
authority from the House, that rule is a restriction upon the managers
only. It does not provide for a point of order against such amendment
when it is reported in disagreement and comes up for separate action
by the House. 7 Cannon Sec. 1572. It is customary for the managers to
report such amendments in technical disagreement. After disposing of
the conference report, which includes those Senate amendments not in
violation of clause 2 of rule XXI, amendments reported in technical or
true disagreement are taken up in order and disposed of directly in
the House by separate motion. Manual Sec. 1076; 7 Cannon Sec. 1572.
Accordingly, where a Senate amendment proposing legislation on a
general appropriation bill is reported back from conference in
disagreement, a motion to concur in the Senate amendment with a
further amendment is in order, even if the proposed amendment adds
legislation to that contained in the Senate amendment, and the only
test is whether the proposed amendment is germane to the Senate
amendment reported in disagreement. Manual Sec. Sec. 1059, 1076;
Deschler Ch 26 Sec. 6.5.

[[Page 144]]

Sec. 71 . Authority of Conference Managers

Generally

Under clause 5 of rule XXII, the managers on the part of the House
may not agree to any Senate amendment to a general appropriation bill
if that amendment, had it originated in the House, would have been in
violation of clause 2 of rule XXI, unless such agreement is
specifically authorized by separate vote prior thereto. That
restriction has been interpreted to extend to Senate amendments in the
form of limitations because limitation amendments are in violation of
clause 2(c) unless offered at the end of reading for amendment in the
Committee of the Whole. It has therefore been the practice of the
managers at a conference on a general appropriation bill to bring
Senate amendments containing limitations back to the House in
technical disagreement. The House may then dispose of them by proper
motion, the stage of disagreement having been reached.
Clause 5 of rule XXII also precludes House managers from agreeing
in conference to Senate appropriation amendments on any bill other
than a general appropriation bill unless authorized by separate vote.
Manual Sec. 1076. Under this rule, a conference report may be ruled
out when conferees present to the House a conference report on a
legislative measure on which the conferees agreed to a Senate
amendment appropriating funds. Deschler Ch 25 Sec. Sec. 13.8, 13.9.
However, a point of order against an appropriation in a conference
report on a legislative bill will lie under the rule only if that
provision was originally contained in a Senate amendment and will not
lie against a provision permitted by the House to remain in its bill.
Deschler Ch 25 Sec. 13.12. Moreover, because the rule applies only to
Senate amendments that are sent to conference, it does not apply to
appropriations contained in Senate legislative bills. Deschler Ch 25
Sec. 13.11; see generally Conferences Between the Houses; Sec. 76,
infra.

Authorization by Special Order of Business

The managers on the part of the House may be authorized by a
special order of business reported by the Committee on Rules to agree
to Senate amendments carrying appropriations in violation of clause 2
of rule XXI. 7 Cannon Sec. 1577. Where the special order of business
waives points of order against portions of an appropriation bill that
are unauthorized by law, and the bill passes the House with those
provisions included and goes to conference, the conferees may report
back their agreement to those provisions even though they remain
unauthorized, because the waiver carries over to the consideration of
the same provisions when the conference report is before the House.
Manual Sec. 1076.

[[Page 145]]

Authorization by Unanimous Consent

A Member may seek unanimous consent to send an appropriation bill
to conference and authorize the House conferees to agree to Senate
legislative amendments notwithstanding the restrictions contained in
clause 5 of rule XXII. Deschler Ch 26 Sec. 6.3. However, unanimous
consent merely to take from the Speaker's table and send to conference
a bill with Senate amendments does not waive the provisions of the
rule restricting the House conferees' authority. 7 Cannon Sec. 1574.

VII. Other Appropriation Measures

Sec. 72 . In General; Continuing Appropriations

A continuing appropriations measure is legislation enacted by the
Congress to provide budget authority for specific ongoing Federal
programs when a regular appropriation for those programs has not been
enacted. Deschler Ch 25 Sec. 7.1.
Joint resolutions continuing appropriations pending enactment of
general appropriation bills for the ensuing fiscal year are not
general appropriation bills and therefore are not reported or called
up as privileged unless reported after September 15 preceding the
beginning of such fiscal year. Clause 5(a) of rule XIII; Manual
Sec. 853; 8 Cannon Sec. 2282; Deschler Ch 25 Sec. 7. A continuing
resolution may be called up by unanimous consent, by a motion to
suspend the rules, or under a special order of business. See Sec. 75,
infra.
A continuing resolution is not a general appropriation bill within
the meaning of clause 2 of rule XXI and is therefore not subject to
its provisions. The restrictions against unauthorized items or
legislation in a general appropriation bill or amendment thereto are
not applicable to a continuing resolution despite inclusion of diverse
appropriations that are not continuing in nature. 94-1, June 17, 1975,
p 19176; Deschler Ch 26 Sec. 1.2.

Sec. 73 . Supplemental Appropriations

A supplemental appropriation provides budget authority in addition
to regular or continuing appropriations already made. Bills making
supplemental appropriations for diverse agencies are considered
general appropriation bills and are reported as such. Deschler Ch 25
Sec. 7.
A waiver of points of order against a supplemental appropriation
bill may be provided for by a special order of business from the
Committee on Rules. The rule may waive points of order against the
entire bill or against a specific paragraph in the bill. Deschler Ch
25 Sec. Sec. 9.6, 9.7. Such a rule has

[[Page 146]]

been considered and agreed to by the House even after general debate
on the bill has been concluded and reading for amendment has begun in
the Committee of the Whole. Deschler Ch 25 Sec. 9.1.

Sec. 74 . Appropriations for a Single Agency

A measure making an appropriation for a single department or
agency might not be a general appropriation bill within the meaning of
clause 5(a) of rule XIII. Such a measure is not privileged for
consideration when reported by the Committee on Appropriations and is
not subject to points of order under clause 2 of rule XXI. Deschler Ch
25 Sec. Sec. 7.3, 7.4; 95-1, Feb. 3, 1977, p 3473.

Sec. 75 . Consideration of Other Appropriation Measures

By Special Order of Business, Unanimous Consent, or Suspension

The consideration of nonprivileged appropriation measures may be
made in order by a special order of business from the Committee on
Rules (Deschler Ch 25 Sec. 7.3), may be made in order by unanimous
consent (98-2, Oct. 1, 1984, p 27961), or may be considered pursuant
to a motion to suspend the rules (Deschler Ch 25 Sec. 13.18). A joint
resolution continuing appropriations for a fiscal year is reported
under clause 2 of rule XIII, relating to the filing of nonprivileged
reports. Manual Sec. 831; Deschler Ch 25 Sec. 8.8.

Consideration in House as in the Committee of the Whole

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

Consideration in House

Under modern practice, continuing appropriation joint resolutions
are often considered by unanimous consent or by special order of
business in the House, and often with the previous question considered
as ordered to prevent amendment. Deschler Ch 25 Sec. Sec. 8.9-8.12;
102-1, Sept. 24, 1991, p 23725.

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VIII. Appropriations in Legislative Bills

Sec. 76 . In General

Generally

Restrictions against the inclusion of appropriations in
legislative bills are provided for by clause 4 of rule XXI. A bill or
joint resolution carrying appropriations may not be reported by a
committee not having jurisdiction to report appropriations. The rule
also prohibits amendments proposing appropriations on a reported
legislative bill. Manual Sec. 1065. Under this rule, a provision
appropriating funds that is included in a bill reported by a
legislative committee is subject to a point of order. 7 Cannon
Sec. 2133; Deschler Ch 25 Sec. 4.24. However, because the rule by its
terms applies to appropriations ``reported'' by legislative
committees, the point of order does not apply to an appropriation in a
bill that has been taken away from a nonappropriating committee by a
motion to discharge. 7 Cannon Sec. 1019a. It also does not apply to a
special order of business reported from the Committee on Rules ``self-
executing'' the adoption to a bill of an amendment containing an
appropriation, because the amendment is not separately before the
House during consideration of the special order of business. Manual
Sec. 1065.

Application to Senate Bills or Amendments Between the Houses

The rule forbidding consideration of items carrying appropriations
in bills reported by nonappropriating committees applies to Senate
bills as well as to House bills. 7 Cannon Sec. Sec. 2136, 2147. The
point of order may be made against an appropriation in a Senate bill
under consideration (in lieu of a reported House bill) even though the
bill has not been reported by a committee of the House. 7 Cannon
Sec. 2137. This rule also applies to an amendment proposed to a Senate
amendment to a House bill not reported from the Committee on
Appropriations. Manual Sec. 1065.

Application to Private Bills

Clause 4 of rule XXI does not apply to private bills, because the
committees having jurisdiction of bills for the payment of private
claims may report bills making appropriations within the limits of
their jurisdiction. 7 Cannon Sec. 2135.

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

Generally

As used in clause 4 of rule XXI, an appropriation means taking
money out of the Treasury by appropriate legislative language for the
support of

[[Page 148]]

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

Provisions Held in Order

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

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

Provisions Held out of Order

Provisions in a legislative bill, or amendments thereto, that have
been held to violate clause 4 include:

A provision directing that funds previously appropriated be
used for a purpose not specified in the original appropriation.
7 Cannon Sec. 2147.
A provision reappropriating or diverting an appropriation for
a new purpose. 7 Cannon Sec. 2146; Deschler Ch 25
Sec. Sec. 4.1, 4.4.
An amendment requiring the diversion of previously
appropriated funds in lieu of the enactment of new budget
authority. Manual Sec. 1065.
A provision providing for the transfer of unexpended balances
of appropriations and making such funds available for
expenditure. Deschler Ch 25 Sec. 4.5.
A provision making available an appropriation or a portion of
an appropriation already made for one purpose to another or for
one fiscal year to another. Manual Sec. 1065.

[[Page 149]]

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

Sec. 78 . Points of Order; Timeliness

Generally

A point of order under clause 4 of rule XXI against an
appropriation in a bill reported by a non-appropriating committee
should be raised at the appropriate time in the Committee of the Whole
and does not lie in the House before consideration of the bill. 94-1,
Sept. 10, 1975, pp 28270, 28271. The provision in clause 4, that a
point of order against the appropriation can be made ``at any time''
has been interpreted to require the point

[[Page 150]]

of order to be raised during the pendency of the amendment under the
five-minute rule. Deschler Ch 25 Sec. 12.14. Such a point of order
comes too late after the amendment has been agreed to and has become
part of the text of the bill, and cannot then be raised against
further consideration of the bill as amended. Manual Sec. 1065.
Although a point of order under clause 4 against an amendment
carrying an appropriation operates as one against consideration of the
amendment, when applied to a provision in a bill it applies to the
appropriation against which it is directed and not against
consideration of the bill. A point of order under clause 4 does not
lie in the standing committees of the House. A point of order in the
House that the bill is improperly on the Union Calendar does not lie.
7 Cannon Sec. 2140. The point of order should be directed to the item
of appropriation in the bill at the proper time and not, in the House,
to the act of reporting the bill. 7 Cannon Sec. 2142. It follows that
motions to discharge nonappropriating committees from consideration of
bills carrying appropriations are not subject to points of order under
the rule. 7 Cannon Sec. 2144.
The intervention of debate or the consideration of amendments
following the reading do not preclude points of order under clause 4.
Points of order against appropriations in legislative bills may be
raised even after the merits of the proposition have been debated.
Deschler Ch 25 Sec. 12.15. A point of order against an amendment to a
legislative bill containing an appropriation can be raised ``at any
time'' during its pendency, even in its amended form, though the point
of order is against the amendment as amended by a substitute and
though no point of order was directed against the substitute before
its adoption. Manual Sec. 1065.

Waiving Points of Order

Points of order based on clause 4 may be waived by order of the
House. Deschler Ch 25 Sec. 4.3. Where the House has adopted a
resolution waiving points of order against certain appropriations in a
legislative bill, a point of order may nevertheless be raised against
an amendment to the bill containing an identical provision. 94-1, Apr.
23, 1975, p 11512.

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

A point of order under clause 4 of rule XXI against an
appropriation in a legislative bill should be directed against that
portion of the bill (or against the amendment thereto) in which the
appropriation is contained and cannot be directed against the
consideration of the entire bill. 7 Cannon

[[Page 151]]

Sec. 2142; Deschler Ch 25 Sec. 4.2. If such a point of order is
sustained with respect to a portion of a section of a legislative bill
containing an appropriation, only that portion is stricken. However,
if the point of order is directed against the entire section for
inclusion of that language, the entire section will be ruled out. 93-
2, Apr. 4, 1974, pp 9845, 9846.

[[Page 153]]

CHAPTER 5
ASSEMBLY OF CONGRESS

HOUSE PRACTICE

Sec. 1. In General; Day of Convening
Sec. 2. Hour of Meeting
Sec. 3. Place of Meeting
Sec. 4. Organizational Business--First Session
Sec. 5. Organizational Business--Second Session
Sec. 6. Adoption of Rules and Separate Orders
Sec. 7. Procedure Before Adopting Rules
Sec. 8. Taking Up Legislative Business
Research References
1 Hinds Sec. Sec. 1-10; 5 Hinds Sec. Sec. 6758-6762
6 Cannon Sec. Sec. 1-5
Deschler Ch 1
Manual Sec. Sec. 60, 242, 243

Sec. 1 . In General; Day of Convening

Generally

The Constitution provides that each regular session of Congress
shall begin on January 3 unless Congress by law appoints a different
day. U.S. Const. amend. XX, Sec. 2. A joint resolution, which is not
privileged, is used for such appointment. For laws appointing a
different day for assembling, see Manual Sec. 243. The joint
resolution may originate in either House. 93-1, Dec. 17, 1973, p
42059; 95-1, Dec. 15, 1977, p 38948.
The President has the constitutional authority to convene the
Congress earlier than on the day it has fixed for its reconvening. The
President may exercise this authority on ``extraordinary occasions''
by convening either or both Houses. U.S. Const. art. II, Sec. 3. A
number of early Congresses were convened by Presidential proclamation.
1 Hinds Sec. Sec. 10, 12. The last session so convened was in the 76th
Congress. Deschler Ch 1 Sec. 2.1.
For examples of provisions in concurrent resolutions authorizing
the recall of the House or of both Houses, see Manual Sec. 84 and
Adjournment.

Pro Forma Meetings

Upon completion of the legislative business for a session, the
House may schedule pro forma meetings for the remainder of the
constitutional

[[Page 154]]

term. 96-1, Dec. 14, 1979, p 36200. For example, as the first session
of the 96th Congress drew to a close, the House, by unanimous consent,
agreed to convene every third day for the remainder of the session,
including a final pro forma meeting immediately before the
constitutional expiration of the session at noon on January 3, 1980.
96-1, Dec. 20, 1979, p 37317. Similarly, in the 102d Congress,
pursuant to the concurrent resolution that placed the two Houses in an
intrasession adjournment from November 27, 1991, until January 3,
1992, the House convened at 11:55 a.m. on that day for its final
meeting of the first session. A similar situation prevailed at the end
of the 110th Congress, where the House was adjourned from December 10,
2008, until January 3, 2009, and the House convened at 11:00 a.m. on
that day for the final meeting of the Congress. Alternatively, the
House may recess or adjourn pursuant to a rule reported from the
Committee on Rules at the end of a session for periods not in excess
of three days. Manual Sec. 83.
On January 3 of an even-numbered year, in the absence of a law
appointing a different convening date, the Speaker may either (1)
announce the adoption of a simple motion to adjourn the last day of
the first session just before noon to declare the House adjourned sine
die so that the second session may convene at noon (102-2, Jan. 3,
1992, p 36367) or (2) unilaterally declare the House adjourned sine
die just before noon (without a simple motion) so that the second
session may convene at noon (105-2, Jan. 3, 1996, p 35).

Sec. 2 . Hour of Meeting

Generally; Hourly Schedules

Each House has plenary power over the time of its meetings during
the session. If the time of meeting has not been set previously by
resolution, the House, by long-standing practice having the force of a
standing order, meets each day at noon. Deschler Ch 1 Sec. 3. However,
it is the customary practice of the House to adopt a resolution
establishing times for its daily meetings. Manual Sec. 621.
Times of meeting originally were selected to provide sufficient
committee time for hearings and markups early in the session, and
sufficient floor time later for authorization and appropriation bills.
Resolutions setting daily meeting times are privileged, even though
they are not reported from the Committee on Rules, because they are
incidental to the organization of the House. 97-2, Jan. 25, 1982, p
62. However, subsequent resolutions changing the hour of meeting,
unless reported as privileged from the Committee on Rules, require
unanimous consent for consideration (although ad

[[Page 155]]

hoc arrangements from day to day may be effected by privileged motion
under clause 4 of rule XVI). 95-2, June 29, 1978, p 19507.

Adjournments to a Different Hour

The meeting hour may be subsequently changed on certain days of
the week pursuant to the adoption of a resolution setting forth the
new convening time. 95-1, June 30, 1977, p 21685. The House may by
unanimous consent vacate a previous order providing for the House to
meet at a certain time and agree to meet at a different time. Deschler
Ch 1 Sec. Sec. 3.12, 3.13. The motion that when the House adjourns it
adjourn to a day and time certain also may be used to enable the House
to meet at an hour different from that provided by the standing order.
For a general discussion of this motion (which is a privileged motion
entertained at the Speaker's discretion), see Adjournment.

Emergency Convening Authority

During any recess or adjournment of not more than three days, if
the Speaker is notified by the Sergeant-at-Arms of an imminent
impairment of the place of reconvening, then the Speaker may, in
consultation with the Minority Leader, postpone the time for
reconvening within the three-day limit prescribed by the Constitution.
In the alternative, the Speaker in such case may reconvene the House
before the time previously appointed solely to declare the House in
recess within that three-day limit. Clause 12(c) of rule I; 111-1,
Dec. 19, 2009, p __.
The House has entered an order authorizing the Speaker or a
designee, during any recess or adjournment of not more than three
days, to reconvene the House at a time other than that previously
appointed, within the three-day limit prescribed by the Constitution,
based on a determination that the public interest so warrants and
after consultation with the Minority Leader. 112-1, H. Res. 479, Dec.
6, 2011, p __.

Sec. 3 . Place of Meeting

Under article I, section 5, clause 4 of the Constitution, neither
House may, without consent of the other, adjourn ``to any other Place
than that in which the two Houses shall be sitting.'' The requirement
for consent has been interpreted to apply to the seat of government,
which has been, since 1800, the District of Columbia. Therefore, the
House may convene in another place within the District of Columbia
without the consent of the Senate. Deschler Ch 1 Sec. 4.1. Under
clause 12(d) of rule I, the Speaker may convene the House in a place
at the seat of government other than the Hall

[[Page 156]]

of the House whenever, in the Speaker's opinion, the public interest
shall warrant it.
In the 107th Congress, the two Houses authorized joint leadership
recall from an adjournment ``at such place and time as they may
designate if, in their opinion, the public interest shall warrant it''
(permitting recall from an adjournment to a place outside the District
of Columbia). 107-1, H. Con. Res. 251, Oct. 17, 2001, pp 20210, 20211;
107-1, S. Con. Res. 85, Nov. 16, 2001, p 22922. In the 108th Congress,
the two Houses granted blanket joint leadership authority to assemble
at a place outside the District of Columbia whenever the public
interest shall warrant it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p 21.
The President may convene Congress at places outside the seat of
government during hazardous circumstances. 2 USC Sec. 27; Deschler Ch
1 Sec. 4.

Sec. 4 . Organizational Business--First Session

Functions of the Clerk

Under clause 2(a) of rule II, the Clerk from the prior Congress
(including one appointed pursuant to section 75a-1 of title 2, United
States Code), creates a roll of the Representatives-elect and calls
the House to order at the beginning of a new Congress. 2 USC Sec. 26;
Manual Sec. 643. In the event of the Clerk's absence or incapacity,
the Sergeant-at-Arms from the prior Congress creates the roll and
calls the House to order. 2 USC Sec. 26; Manual Sec. 656. After the
opening prayer and Pledge of Allegiance, the Clerk:

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

Election of Speaker

The first order of business after the ascertainment of a quorum at
the opening of a new Congress is ordinarily the election of the
Speaker. Manual Sec. 27. Pursuant to statute and precedent,
nominations for election of the Speaker are of the highest privilege
and take precedence over a question of the privileges of the House
relating to the interim election of a Speaker pro tempore pending an
ethics investigation of a nominee for Speaker. 2 USC Sec. 25; Manual
Sec. 27; 1 Hinds Sec. 212.

[[Page 157]]

Candidates for the office are nominated by the respective chairs
of the Democratic Caucus and the Republican Conference. Deschler Ch 1
Sec. 6.1. The Speaker is elected by a majority of Members-elect
present and voting by surname. Manual Sec. 27. The Speaker was at
first elected by ballot but, since 1839, has been chosen by viva voce
vote by surname in response to a call of the roll. 1 Hinds Sec. 187;
Deschler Ch 1 Sec. 6. Although the Clerk appoints tellers for the
election, the House, and not the Clerk, determines what method of
voting to use. Manual Sec. 27; Deschler Ch 1 Sec. 6. On two occasions,
by special rules, Speakers were chosen by a plurality of votes; but in
each case the House by majority vote adopted a resolution declaring
the result. 1 Hinds Sec. Sec. 221, 222. The House has declined to
choose a Speaker by lot. 1 Hinds Sec. 221.

Status and Rights of Members-elect

Where the certificate of election of a Member-elect, in due form,
is on file with the Clerk, such Member-elect is entitled as of right
to be included on the Clerk's roll. Page v. United States, 127 U.S. 67
(1888). Those Members whose names appear on the Clerk's roll are
entitled to vote for a new Speaker at the beginning of a Congress and
to participate in other organizational business before the
administration of the oath. They may debate propositions, propose
motions, offer resolutions, and make points of order. Deschler Ch 2
Sec. 2. Once sworn, Members may be named to serve on House committees
and may introduce bills. Manual Sec. 300; 4 Hinds Sec. Sec. 4477,
4483, 4484.
All Members-elect whose credentials have been received by the
Clerk are included on the first roll call on opening day to establish
a quorum. Members-elect not responding to that call and not appearing
to take the oath when it is administered en masse on opening day are
not included on further roll calls until they have taken the oath. See
generally Oaths. Pursuant to article I, section 2 of the Constitution,
because the House is composed of Members elected by the people of the
several States and because the House elects its Speaker, the
Delegates-elect and the Resident Commissioner from Puerto Rico are not
constitutionally qualified to vote in the House for Speaker.
Therefore, the Clerk does not include them on the roll. Manual
Sec. 675.

Notices and Messages

At the beginning of a new Congress, the House by various
resolutions: (1) directs that a message be sent to inform the Senate
that a quorum of the House has been established and that the Speaker
and Clerk have been elected, (2) establishes a select committee to
notify the President that a

[[Page 158]]

quorum of the House has assembled and is ready to receive any
communication desired to be made, and (3) directs the Clerk to inform
the President of the selection of the Speaker. Deschler Ch 1 Sec. 7.

Sec. 5 . Organizational Business--Second Session

At the beginning of a second session of a Congress, the House is
ordinarily called to order by the Speaker, although, where the Office
is vacant, the House may be called to order by the Clerk. Deschler Ch
1 Sec. 5. Alternatively, the House may be called to order by a
previously designated Speaker pro tempore. Deschler Ch 1 Sec. 7.4.
Under clause 8(b)(3) of rule I, the Speaker is required to deliver to
the Clerk a list of Members in the order in which each shall act as
Speaker pro tempore in the case of a vacancy in the Office of Speaker.
A Speaker pro tempore designated under this rule also may convene the
second session of a Congress. Following the opening prayer, the
Speaker orders, without motion, a call of the House to establish a
quorum. Deschler Ch 1 Sec. 7.5. The call of the House is normally
taken by electronic device, but the Speaker may elect not to use the
electronic system. Deschler Ch 20 Sec. 4.
Members-elect, elected to fill vacancies occurring in the first
session, are not included on the roll call to ascertain the presence
of a quorum when the second session convenes. Their names are included
on the roll only after their certificates of election have been laid
before the House and their oaths have been administered. Similarly,
the names of those Members who resigned or died during adjournment are
stricken from the roll and are not called to establish a quorum.
Deschler Ch 2 Sec. 4.10.

Sec. 6 . Adoption of Rules and Separate Orders

The Constitution gives each House the power to determine the rules
of its proceedings. U.S. Const. art. I, Sec. 5, cl. 2. The Supreme
Court has interpreted this clause to mean that the House possesses
broad power to adopt its own procedural rules. United States v.
Ballin, 144 U.S. 5 (1892). This power cannot be restricted by the
rules or statutory enactments of a preceding House. For example, the
adoption of a layover requirement by the 91st Congress did not bind
the 92d Congress. Deschler Ch 1 Sec. 10.1.
The rules of the House for each Congress are adopted by
resolution. See, e.g., 112-1, H. Res. 5, Jan. 5, 2011, p __.
Ordinarily, the House adopts the rules of the prior Congress but with
various amendments. 5 Hinds Sec. 6742. Separate orders also may be
adopted in the same resolution. Separate orders are not amendments to
the standing rules but have the same force and effect for a Congress
or portion thereof. See, e.g., 108-1, H. Res.

[[Page 159]]

5, Jan. 7, 2003, pp 10, 11. The House in the 106th Congress adopted a
recodified version of the rules of the House in existence at the close
of the 105th Congress, which rewrote and renumbered the rules, many
without substantive change. 106-1, Jan. 6, 1999, pp 47-223.
A resolution adopting rules is subject to the motion for the
previous question and subject to amendment if the previous question is
voted down. Deschler Ch 1 Sec. 9.6. The resolution is not subject to a
demand for a division of the question absent prior adoption of a
special order of business permitting a division of the resolution.
Manual Sec. 60; Deschler Ch 1 Sec. 10.8.
The motion to commit is permitted after the previous question has
been ordered on the resolution adopting the rules but is not
debatable. It is the prerogative of the minority to offer a motion to
commit even before the adoption of the rules. However, at that point
the proponent need not qualify as opposed to the resolution. Manual
Sec. 60; Deschler Ch 1 Sec. 9. Such a motion to commit is not
divisible. However, if it is agreed to and more than one amendment is
reported back pursuant thereto, then separate votes may be had on the
reported amendments. The motion to refer also has been permitted upon
the offering of a resolution adopting the rules, and before debate
thereon, subject to the motion to lay on the table. Manual Sec. 60; 5
Hinds Sec. 5604.
As with other House-passed measures, the House may by unanimous
consent direct the Clerk, in the engrossment of a House resolution
providing for the adoption of rules, to make certain technical
corrections in the text of the resolution. Deschler Ch 1 Sec. 10.12.

Sec. 7 . Procedure Before Adopting Rules

Before the adoption of formal rules, the House operates under
general parliamentary law, as modified by certain customary House
rules and practices and by portions of Jefferson's Manual. Manual
Sec. 60; 5 Hinds Sec. Sec. 6761-6763; 8 Cannon Sec. 3386. Statutes
incorporated into the rules of the prior Congress do not control the
proceedings of the new House. Deschler Ch 1 Sec. 10.1. They must be
re-adopted as part of the rules of the new House.
Before the adoption of rules by the House, rules that embody
practices of long-established custom will be enforced as if already in
effect. 6 Cannon Sec. 191. Thus, before adoption of the rules, the
Speaker may maintain decorum by directing a Member who has not been
recognized in debate beyond an allotted time to be removed from the
well or by directing the Sergeant-at-Arms to present the mace as the
traditional symbol of order. Manual Sec. 60.

[[Page 160]]

Procedures common to general parliamentary law applicable in the
House before the adoption of its formal rules include:

The motion for a call of the House. 4 Hinds Sec. 2981; Deschler
Ch 1 Sec. 9.
Points of order of no quorum. Manual Sec. 60.
The motion to refer, subject to the motion to table. Manual
Sec. 60.
Demands for the yeas and nays. 5 Hinds Sec. Sec. 6012, 6013;
Deschler Ch 1 Sec. 9.
The motion for the previous question, which takes precedence
over a motion to amend. 5 Hinds Sec. Sec. 5451-5455.
The motion to amend after rejection of the previous question
(Deschler Ch 3 Sec. 10.10), with any amendment being subject to
the point of order that it must be germane (Deschler Ch 1
Sec. 12.7).
The practice that Members may engage in debate only when
recognized, such recognition being at the discretion of the
Speaker. Manual Sec. 60.
The hour rule for debate on a question. Deschler Ch 1
Sec. 12.3.
Losing the right to resume after yielding the floor. 5 Hinds
Sec. Sec. 5038-5040.
Recognition for an amendment after the defeat of the previous
question, under the hour rule, with the proponent of the
amendment controlling the time. Deschler Ch 23 Sec. 22.4.
The nondebatable motion to commit after ordering of the
previous question. Manual Sec. 60; 5 Hinds Sec. 6758. Proponent
of the motion to commit need not qualify as opposed to the
resolution. Manual Sec. 60.
Withdrawal of a resolution before action is taken thereon.
Deschler Ch 1 Sec. 10.6.
The motion to lay on the table. 5 Hinds Sec. 5390; Deschler Ch
1 Sec. 9.
The motion to postpone to a day certain. Deschler Ch 1
Sec. 10.7.
The motion to adjourn. 1 Hinds Sec. 89; Deschler Ch 1 Sec. 9.

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

The rule permitting 40 minutes of debate after the moving of
the previous question on a matter on which there has been no
debate. 5 Hinds Sec. 5509.
The three-day availability rule for the consideration of
committee reports. Deschler Ch 1 Sec. 12.9.

Sec. 8 . Taking Up Legislative Business

Generally

Congress is not assembled until both the House and Senate are in
session with a quorum present. 6 Cannon Sec. 5. Once the two Houses
have assembled, elected officers, sworn Members, and adopted rules,
the resumption of legislative business is in order. 1 Hinds
Sec. Sec. 130, 140, 237; Deschler Ch 1 Sec. 11. In rare instances a
major bill has been considered and passed even before the completion
of organization by the adoption of rules. Deschler Ch 1 Sec. 12.8.
However, a bill will not be considered in the House before

[[Page 161]]

the administration of the oath to Members-elect because of the
statutory requirement that the oath precede the consideration of
general business. 2 USC Sec. 25. On occasion the House has convened
for its second session, but then conducted no legislative business
(including approval of its Journal or referral of bills) for several
days. Manual Sec. 84.

Old Business

Upon convening for a second or subsequent session during the term
of a Congress, the House resumes all business that was pending before
the House or its committees at the adjournment sine die of the
preceding session. Clause 6 of rule XI; Manual Sec. 814; 5 Hinds
Sec. 6727. Similarly, conference business between the two Houses
continues over an adjournment between the first and second sessions of
a Congress. 5 Hinds Sec. Sec. 6760-6762. However, because past
proceedings of one Congress do not bind its successor, business
remaining at the end of one Congress does not carry over to the
beginning of a new Congress. Deschler Ch 1 Sec. 11.

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CHAPTER 6
BILLS AND RESOLUTIONS

HOUSE PRACTICE

A. Generally

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

B. Introduction and Reference

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

C. Private Bills

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

D. Restrictions on Certain Public Bills

Sec. 20. Appropriations
Sec. 21. Tax and Tariff Measures
Sec. 22. Designation of Public Works
Sec. 23. Prohibition on Commemorations
Sec. 24. Earmarks
Sec. 25. Budget-related Restrictions

[[Page 164]]

Research References
4 Hinds Sec. Sec. 3266-3297, 3364-3390
7 Cannon Sec. Sec. 846-871, 1027-1053
Deschler Ch 16; Deschler Ch 24 Sec. Sec. 1-4, 9, 10

A. Generally

Sec. 1 . In General; Resolutions Distinguished

Bills are used for purposes of general legislation. Joint
resolutions are used to propose constitutional amendments and for
special or subordinate legislative purposes. Simple or concurrent
resolutions are used primarily to regulate the administrative or
internal business of the House (or Houses), to express facts or
opinions, or to dispose of some other nonlegislative matter. Deschler
Ch 24 Sec. 1. However, unlike simple or concurrent resolutions, a
joint resolution is a bill so far as the rules of the House are
concerned. 4 Hinds Sec. 3375.
The introduction of certain types of private bills is prohibited
by clause 4 of rule XII. See Sec. 17, infra.
The various stages in the passage and enactment of a bill
(reading, engrossment, enrollment, etc.) are treated elsewhere. See
Reading, Passage, and Enactment; see also Consideration and Debate;
Voting; and Veto of Bills.

Sec. 2 . Public and Private Bills Distinguished

Bills and resolutions may be either public or private. A private
bill is a bill for the benefit of one or several specified persons or
entities, and a public bill relates to public matters and deals with
individuals by classes only. 3 Hinds Sec. 2614; 4 Hinds Sec. 3285; 7
Cannon Sec. 856; Deschler Ch 24 Sec. 1. Whether a law is to be
regarded as public or private depends on the attendant circumstances,
having regard to the effect rather than the form of the legislation.
Bollinger v. Watson, 63 S.W. 2d 642 (Ark. 1933). The distinction is
important because the procedures followed in the enactment of private
bills are significantly different from those applicable to public
bills. Sec. 15, infra.
A bill may be regarded as a public bill, and thus referred to the
House or Union Calendar when reported, where it:

Contains provisions applicable to the general public, although
benefiting a named individual. 4 Hinds Sec. 3286.
Relates to a classes or groups of persons and not to persons
as individuals. 7 Cannon Sec. 870; Deschler Ch 24 Sec. 3.3.

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Indemnifies a foreign government for injury to one of its
nationals. 7 Cannon Sec. 865; Deschler Ch 24 Sec. 3.2.
Includes among provisions for the relief of private persons
one item to pay a claim of a foreign nation. 4 Hinds Sec. 3287.
Grants an easement over public lands to a private company. 7
Cannon Sec. 864.
Authorizes an exchange of government-owned land for privately
owned land. 7 Cannon Sec. 862.
Provides for the reimbursement of ``all the depositors'' of a
certain bank, the depositors not being identified by name. 8
Cannon Sec. 2373.

Sec. 3 . Form; Component Parts

Generally

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

A bill title (an identifying bill number is subsequently added
thereto).
A preamble--used often in simple and concurrent resolutions,
less often in joint resolutions, and, in modern practice, never
in bills. Sec. 5, infra.
An enacting or resolving clause, which must appear in the
first section of the Act. 1 USC Sec. 103.
The text of the bill.

On rare occasions, a bill may contain an illustration, as where it
shows a required warning label. 99-2, Feb. 3, 1986, p 1326. Also rare,
one House may pass a bill with blanks to be filled in by the other
House. 5 Hinds Sec. 5781. Members distributing copies of bills on the
floor containing personal interpretations or notations must abide by
the Speaker's announced policies regarding handouts. Manual Sec. 622;
see also Deschler Ch 24 Sec. 2.1.

Enacting Clauses

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

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

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Resolving Clauses

The form prescribed by section 102 of title 1, United States Code
for the resolving clause of a joint resolution is:

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled.

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

Sections; Headings and Subheadings

The United States Code requires that each section of a bill be
numbered and that it ``contain, as nearly as may be, a single
proposition of enactment.'' 1 USC Sec. 104. Section headings and
subheadings may be used, and in cases of ambiguity it is proper to
consult both a section heading and the section's content in order to
ascertain the clear meaning of the legislation. House v. Commissioner,
453 F.2d 982 (5th Cir. 1972).

Page and Line Numbers

When a bill is introduced or reported, each page of the text is
numbered and each line in the text is given a separate number in the
margin so that reference may quickly be made to specific provisions of
the bill. However, the pagination and marginal numerals are not part
of the text of the bill, and after amendment they may be altered,
changed, or transposed by the Clerk to conform to the amended text
without the necessity of a House order. 5 Hinds Sec. 5781; 8 Cannon
Sec. 2876.

Sec. 4 . Titles

All bills are given a title that indicates the subject matter of
the bill. A title is used strictly for purposes of identification and
is not considered in passing on points of order relating to the
provisions of the bill. 7 Cannon Sec. 1489; Deschler Ch 24 Sec. 9.1.
The title, also known as the ``long title,'' should be distinguished
from the ``short title'' of a bill, which is typically contained in a
separate section of the bill, and indicates a proposed legal citation
for the bill.
Under the guidelines suggested by the Office of the Legislative
Counsel, a title should accurately and briefly describe what a bill
does. For bills amending primarily a particular law, the form ``To
amend [citation of law] to . . .'' is ordinarily used. For
constitutional amendments, the form ``Proposing an amendment to the
Constitution of the United States concerning

[[Page 167]]

. . .'' is used. If the bill covers multiple items, the phrase ``and
for other purposes'' may be used at the end of the title.
The title is retained on the bill during the various stages of
enactment, including engrossment and is entered on the Journal and
printed in the Congressional Record. Manual Sec. Sec. 431, 831.
However, it is not considered to be part of the enacted statute and is
generally published only in the Statutes at Large. Indeed, when an
enacted statute is codified and included in the United States Code,
its title may be excluded or greatly abbreviated.
A title cannot be used to negate the obvious meaning of the
statute. However, a title may, as part of the legislative history,
assist in resolving ambiguities. 4 Hinds Sec. 3381. In such cases the
title of an Act may be resorted to by courts as an aid in determining
legislative intent. Brotherhood of R.R. Trainmen v. Baltimore and Ohio
Railroad Co., 331 U.S. 519 (1947). In this context, the title of a
bill at the time of its enactment is said to be indicative of the true
intention of Congress in enacting it. Corpus Juris Secundum, Statutes
Sec. 351.

Sec. 5 . Preambles

Preambles are sometimes used to indicate the underlying reason for
a measure. 4 Hinds Sec. 3413. Preambles (``whereas'' clauses) often
appear in concurrent or simple resolutions. Such clauses appear less
often in joint resolutions (and, in modern practice, never in bills)
because sections containing separate statements of findings serve the
same purpose. 4 Hinds Sec. 3412.
The House may amend or delete the preamble from a joint resolution
before its passage or the preamble from a concurrent or simple
resolution following its adoption. Manual Sec. 414. This is done
either by unanimous consent or pursuant to a motion to strike the
preamble. This cannot be done simply by moving to strike all after the
enacting or resolving clause because the preamble always precedes that
clause. Deschler Ch 24 Sec. 9.5. Preambles to simple resolutions may
also be disposed of pursuant to a motion to lay on the table, and the
adoption of such motion does not affect the status of the resolution.
5 Hinds Sec. 5430. The motion for the previous question may be applied
at once to the resolution and the preamble. Manual Sec. 996. Of
course, where no action is taken to strike the preamble, and the joint
resolution is passed, the preamble remains part of the joint
resolution. Deschler Ch 24 Sec. 9.5.

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B. Introduction and Reference

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

Bills and Resolutions

Bills and resolutions are introduced by being deposited in the
hopper at the Clerk's desk anytime the House is in session. Deschler
Ch 16 Sec. 1. A Member may introduce a bill during a pro forma meeting
even though no legislative business is being conducted. Manual
Sec. 816.
At its organization for the 106th Congress, the House adopted an
order reserving the first ten bill numbers for assignment by the
Speaker during a specified period. For the 107th and 108th Congresses,
the House adopted the same order and extended the applicable time
period to the entire first session. For subsequent Congresses, the
time period has been extended to the entire Congress. In the 112th
Congress, the second ten bill numbers were reserved for the Minority
Leader. Manual Sec. 825.
A bill or resolution may be introduced by any Member who has taken
the oath, and one need not seek recognition for that purpose. Deschler
Ch 16 Sec. 1. A Member may introduce a bill even though personally
opposed to its passage. Deschler Ch 16 Sec. 1.6. The rules do not
limit the number of bills a Member may introduce.
Once introduced, the bill becomes the property of the House. As
such, the House may consider it notwithstanding the death,
resignation, or replacement of its sponsor. Deschler Ch 16 Sec. 1.9.

Bills Introduced ``By Request''

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

Petitions and Memorials

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

[[Page 169]]

Sponsorship; Endorsements and Signatures

By House rule, all bills, resolutions, and memorials must be
endorsed with the name of the Member or Members introducing or
presenting them. Manual Sec. Sec. 818, 825. By directive of the
Speaker, all such measures must bear the original signature of the
chief sponsor or first-named Member. Manual Sec. 821. A bill falsely
introduced in a Member's name involves a question of privilege, and
the House may agree to an order providing for its cancellation. 4
Hinds Sec. 3388.

Cosponsorship

Unlimited cosponsorship of a public bill is permitted until such
time as all committees authorized to report the bill have filed their
reports with the House or have been discharged from consideration
thereof. Before the bill is reported, Members may remove their names
as cosponsors by unanimous consent. Manual Sec. 825. Alternatively, a
cosponsor may announce withdrawal of support for a bill, or a
statement indicating that an error was made in the listing of a
cosponsor's name may be made on the floor for publication in the
Congressional Record. Deschler Ch 16 Sec. Sec. 2.5, 2.6. At its
organization for the 104th Congress, the House resolved that each of
the first 20 bills and each of the first two joint resolutions
introduced in that Congress could have more than one Member reflected
as a first sponsor.
By unanimous consent, Members may add their own names as
cosponsors of an unreported bill where the primary sponsor is no
longer a Member of the House. Similarly, a designated Member may be
authorized to sign and submit lists of additional cosponsors where the
primary sponsor is no longer a Member. However, the Chair will not
otherwise entertain a unanimous-consent request to add cosponsors by a
Member other than the primary sponsor, whether such request includes
only the Member making the request, all Members, or a specified
additional sponsor. Such requests must be made by a primary sponsor
through the hopper not later than the last day on which all committees
authorized to report the bill have filed their reports with the House.
Manual Sec. 825. In the case of an unreported bill considered pursuant
to a special order of business, cosponsors may be added or removed
prior to the calling up of such bill pursuant to the special order of
business. For other unreported bills (such as those considered by
suspension), cosponsors may be added prior to the vote on final
passage.

[[Page 170]]

Sec. 7 . Reference

Generally

When a bill is introduced, it is referred by the Speaker to
committee in accordance with clause 1 of rule X, the rule fixing the
jurisdiction of committees over particular subjects, and in accordance
with the referral procedures contained in clause 2 of rule XII.
Deschler Ch 16 Sec. 3. However, a bill referred by the House itself
may be sent to any committee without regard to the rules of
jurisdiction. 4 Hinds Sec. 4375; 7 Cannon Sec. 2131. Jurisdiction in
such a case is deemed conferred by the action of the House. 4 Hinds
Sec. Sec. 4362-4364; 7 Cannon Sec. 2105.
Absent specific authority or the authority to originate, a
committee may not report a measure that has not been properly referred
to it by the Speaker or by the House. 4 Hinds Sec. Sec. 4355-4360; 7
Cannon Sec. Sec. 1029, 2101. The following committees are authorized
to originate and file from the floor as privileged, pursuant to clause
5 of rule XIII, certain bills and resolutions: Appropriations, Budget,
House Administration, Rules, and Ethics. Manual Sec. Sec. 412, 853.

Erroneously Referred Bills

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

Must apply to a bill erroneously referred. 7 Cannon Sec. 2125.
Must be made immediately following the Pledge of Allegiance.
Clause 7 of rule XII; 7 Cannon Sec. Sec. 1809, 2119, 2120.
Must apply to a single bill and not to a class of bills. 7
Cannon Sec. 2125.
May be amended. 7 Cannon Sec. 2127.
May not be divided. 7 Cannon Sec. 2125.
May not be debated. 7 Cannon Sec. Sec. 2126-2128.

Bills Reported From Committee; Referrals to Calendars

Bills reported from committees are ordinarily referred to the
proper calendar under the direction of the Speaker. Manual
Sec. Sec. 828, 831. Once a bill has been reported by committee, points
of order against its reference and motions for its rereferral are not
entertained. 7 Cannon Sec. 2110; Deschler Ch 16 Sec. 3.6. Under clause
2 of rule XII, a bill reported from committee (even a bill previously
referred to a calendar) may be sequentially referred by the

[[Page 171]]

Speaker to other committees. Sec. 8, infra. Moreover, once
consideration of the reported measure has begun in the House, a motion
to refer or recommit is in order in differing situations under the
rules of the House. Manual Sec. Sec. 916, 917, 1001; see Refer and
Recommit.

Sec. 8 . Multiple Referrals; Sequential or Split Referrals

Before the 94th Congress, a bill could not be referred to two or
more committees, even though it contained matters properly within the
jurisdiction of several committees. 4 Hinds Sec. 4372. However, in
1975 the House adopted clause 2(b) of rule XII, stating that every
referral must be made so as to ensure ``to the maximum extent
feasible'' that each committee having jurisdiction over the subject
matter of a provision will have responsibility for considering it and
reporting thereon to the House. Since 1995, clause 2(c)(1) of rule XII
has required the Speaker to designate a committee of primary
jurisdiction upon the initial referral of a measure to a committee
(except where it is determined that extraordinary circumstances
justify review by more than one committee as though primary). The
Speaker has discretion to:

Refer the measure to other committees either initially (at the
time of introduction) or sequentially (following the primary
committee's report); in either case, subject to time limits
imposed after the primary committee has reported.
Refer designated portions of the same measure to other
committees (split referral).
Refer a measure to a special ad hoc committee, established by
the House, consisting of members of committees with shared
jurisdiction over the measure.

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

Sec. 9 . Bills Reported with Amendments

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

[[Page 172]]

if the amendment to the amendment is within the jurisdiction of the
second committee.
The Speaker has exercised the authority to base referrals on
committee amendments to reported bills by sequentially referring:

A reported bill to another committee solely for consideration
of provisions of the first committee's amendment within its
jurisdiction, and not for consideration of the entire bill.
A reported bill to two other committees for different periods
of time, solely for consideration of designated sections of the
first committee's recommended amendment.
A reported bill solely for consideration of designated
portions of the first committee's amendment.
Only a portion of the original text where the primary
committee's amendment would delete portions of the bill within
the sequential committee's jurisdiction.

Manual Sec. 816.

Sec. 10 . Matters Subject to Referral

Generally

Clause 2 of rule XII, the rule establishing the referral
procedures to be followed by the Speaker, applies to ``each bill,
resolution, or other matter'' relating to a subject falling within the
jurisdiction of a standing committee under clause 1 of rule X. Thus,
the Speaker may, pursuant to the rule, refer bills and resolutions, a
portion of a bill, a Presidential message, an executive communication,
or a select committee report. Manual Sec. 816.

Senate Amendments to House Bills

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

[[Page 173]]

Senate Bills and Messages

Pursuant to clause 2 of rule XIV, the Speaker may refer bills and
joint and concurrent resolutions messaged from the Senate to
committees in the same manner as public bills originating in the
House. Senate amendments requiring consideration in Committee of the
Whole and Senate bills (with certain exceptions, as where a similar
House measure has been reported or ordered reported) are referred to
the appropriate standing committees under the direction of the Speaker
without action by the House. 4 Hinds Sec. 3101; 6 Cannon Sec. 727.
Simple resolutions of the Senate that do not require any action by the
House are not referred. 7 Cannon Sec. 1048.

Sec. 11 . Time Limitations on Referred Bills; Extensions

Generally

Pursuant to clause 2 of rule XII, the Speaker may impose a time
limit for the consideration by any committee of a bill that is
initially or sequentially referred, but normally does so only for a
sequential referral. The Speaker may sequentially refer a bill without
setting such limit or may set a limit as short as one day. Manual
Sec. 816.
On the last day of an expiring sequential referral, a committee
has until midnight to file its report with the Clerk. Manual Sec. 816.
Clause 2 of rule XII is not construed to prevent another committee
from reporting before the primary committee. It is the intent of the
rule to allow the primary committee to report before a measure is
scheduled for floor consideration. However, the measure may be
considered without a report by the primary committee pursuant to a
special order of business. The measure also may be considered when the
Speaker exercises discretion to impose a time limit on the primary
committee for reporting (although such discretion is rarely exercised)
and such committee fails to meet the deadline. In that case, the
primary committee will be considered to have been discharged from
further consideration of the measure. Manual Sec. 816.

Extensions of Time

The Speaker may extend the time limit set for the consideration of
a referred bill, and has exercised such authority with respect to
bills that have been sequentially referred, or divided for reference.
Where the Speaker extends the time limit on a sequentially referred
bill, the bill may also be referred to another committee for the same
period. More than one extension of time may be given. Manual Sec. 816.

[[Page 174]]

Discharge of Committee

Where a committee does not report a measure to the House on or
before the date specified by the Speaker pursuant to the authority
under clause 2 of rule XII, the Speaker may discharge the committee
from further consideration of the measure and refer it to the
appropriate calendar or to another committee. Also, the House may
adopt a special order of business accomplishing the discharge. Manual
Sec. 816.

Sec. 12 . Referrals to Select and Ad Hoc Committees

The Speaker may refer bills, resolutions, and other matters
(including messages and communications) to select or ad hoc committees
established with the approval of the House. The House order
authorizing the select or ad hoc committee may require that referrals
to the committee be by initial or sequential reference or by some
other method provided by clause 2 of rule XII. Manual Sec. 816. For
more information on select and ad hoc committees, see Committees.

C. Private Bills

Sec. 13 . In General

Background

The practice of Congress in passing private bills for the benefit
of specific persons or entities was taken from the English Parliament
and began with the First Congress. The use of private bills steadily
increased thereafter, so much so that in some years the Congress
enacted more private bills than it did public bills. The 59th
Congress, for example, enacted more than 6,000 private bills, while it
enacted fewer than 700 public bills. 7 Cannon Sec. 1028. In recent
years, and especially since the adoption of the Legislative
Reorganization Act of 1946, the number of private bills enacted into
law has been steadily declining. In the 110th and 111th Congresses,
only two private bills were enacted.
Because it lacks the generality of application that is normally
found in public laws, a private law is considered a legislative
anomaly. Congressional action in passing such laws has been based on
the rationale that because public laws cannot cover every situation or
extraordinary circumstance that might arise, Congress may, as part of
its general law-making function, create ``equitable law'' to cover
such circumstance. Note, Private Bills in Congress, 79 Harv. L. Rev.
1684 (1966).

[[Page 175]]

Constitutionality

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

Omnibus Bills

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

Sec. 14 . What Constitutes a Private Bill

A private bill may be generally defined as a bill for the benefit
or relief of one or several specified persons or entities. 4 Hinds
Sec. 3285; 7 Cannon Sec. 856. It is generally enacted only for those
who have no other remedy available to them. Deschler Ch 24 Sec. 3. A
bill for the benefit of a named individual is classed as a private
bill, even though it deals with government property. 7 Cannon
Sec. 859. An ``omnibus claim bill,'' which contains provisions for
payments to many different claimants, also is treated as a private
bill rather than a public bill, where all claimants are of the same
class and each claimant is specified by name. 4 Hinds Sec. 3293.

Sec. 15 . Introduction, Reference, and Consideration

Private bills may be presented to the House only through a
sponsoring Member and may not be cosponsored. They are otherwise
introduced in the same manner as public bills. A Member with a private
bill to present (1) endorses the bill by signature and (2) delivers
the bill to the Clerk. Clause 3 of rule XII; Manual Sec. 818.
Under clause 6 of rule XII, errors in the referral of private
bills may be corrected without action by the House at the suggestion
of the committee in possession of the bill. Because an erroneous
reference of a private bill does not confer jurisdiction on the
committee to report it, a point of order will lie against the bill
when it comes up for consideration in the House or in the Committee of
the Whole. Manual Sec. 824. A subcommittee may have specific rules
governing the consideration of private bills. Committee approval of
the bill is generally contingent upon a showing that the applicant has
no other remedy. A private bill reported out of committee is referred
to the Private Calendar.

[[Page 176]]

Private bills called on the Private Calendar are reviewed by a
committee of ``official objectors'' consisting of six Members--three
from each party. As a matter of policy, the official objectors have
traditionally required that bills must be on the Private Calendar for
seven days before being called up. See Private Calendar. A Member
serving as an official objector has periodically included in the
Congressional Record an explanation of how bills on the Private
Calendar are considered. Manual Sec. 896. If two or more Members of
the House object to a bill, it is recommitted to the committee that
reported it. Manual Sec. 895. However, such a bill may be ``passed
over without prejudice'' by unanimous consent for subsequent
consideration. Also, the provisions of a private bill may be reported
back in an omnibus bill. See Private Calendar. In modern practice,
private bills have not been scheduled by the Speaker for consideration
under suspension of the rules. This procedure has been reserved for
public bills.
If the bill is unopposed, it is taken up in the House as in the
Committee of the Whole. The procedure is as follows:

Speaker: This is the day for the call of the Private Calendar. The
Clerk will call the first omnibus bill on the calendar. . . . The
Clerk will read the bill by title for amendment. [The Clerk reads
the bill, and any committee amendments are reported and disposed of;
thereafter, motions to amend are in order. See Sec. 16, infra.]
Member: M_. Speaker, I offer a motion [to strike all or part of
the pending paragraph.]

Note: Amendments are in order only if they strike or reduce
amounts of money or provide limitations. Manual Sec. 895. Motions to
strike the last word are not permitted, nor are reservations of
objection. See Private Calendar.

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

After being passed by the House, an omnibus private bill is
resolved into the various private bills of which it is composed, and
each is sent to the Senate as if individually passed. Manual Sec. 897.
A private bill that has passed both Houses must be approved by the
President or enacted over a veto to become law.

Sec. 16 . -- Amendments

A private bill is subject to amendment under the five-minute rule,
pursuant to clause 5 of rule XV. Manual Sec. Sec. 895, 897. However, a
private bill for the benefit of one individual may not be amended so
as to extend its

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provisions to another individual, even indirectly through a motion to
recommit with instructions. 4 Hinds Sec. 3296. Under the germaneness
rule, it is not in order to amend a private bill by extending its
provisions to a general class of individuals, which would be public in
character. 4 Hinds Sec. 3292; 7 Cannon Sec. 860; see Germaneness of
Amendments. Motions to strike the last word--pro forma amendments--are
not entertained. Deschler-Brown Ch 29 Sec. 70.7.
When an amendment is offered, members of the reporting committee
have priority in recognition to oppose the amendment. Deschler-Brown
Ch 29 Sec. 13.23.

Sec. 17 . Uses of Private Bills

Generally

Under the modern practice, most private bills granting relief to
individuals fall into one of four major categories: (1) bills
involving claims against the United States or waiving claims by the
Federal Government against specific individuals; (2) bills excepting
named individuals from certain requirements of the immigration or
naturalization laws; (3) conveyances of real property rights; and (4)
tariff treatment for private entries. See Sec. Sec. 18, 19, infra.
Some private bills granting relief to identified individuals
merely permit the taking of some action that would otherwise be
prohibited by general law. For example, one favorably reported private
bill authorized Federal employees of the Social Security
Administration in Syracuse, New York, to transfer annual leave to a
fellow employee who had exhausted her sick leave during her treatment
for cancer. 100-2, H.R. 3625, H. Rept. 100-554. Another private bill
authorized the Secretary of Defense to allow the children of a secret
service agent killed while on duty to attend school at a United States
military facility in Puerto Rico (the family had been notified that
his children were no longer eligible to attend the school because the
children were no longer dependents of a Federal employee in Puerto
Rico). 100-2, H.R. 3439, H. Rept. 100-552.

Measures Barred From Consideration

Under clause 4 of rule XII, a private bill may not be introduced
or considered if it authorizes or directs the payment of money for
property damages or for personal injuries or death for which suit may
be instituted under the Federal Tort Claims Act (FTCA). Private
pension bills (other than those to carry out a provision of law or
treaty stipulation) are also barred, as are bills providing for the
construction of a bridge across a navigable stream.

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Private bills providing for the correction of a military record are
likewise proscribed. However, a private bill that merely changes the
computation of retired pay for a former member of the armed services
has been held permissible. Manual Sec. 822. The barring of private
bills in such cases is based on the availability to claimants of other
judicial or administrative remedies. Deschler Ch 24 Sec. 3. The FTCA,
for example, provides both administrative and judicial remedies in
certain personal injury cases involving the negligence of Federal
employees. 28 USC Sec. 2671.

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

Generally; Constitutionality

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

Procedure

Under clause 2(d) of rule XII, unanimous consent is required for
the reference of a private claim bill to a committee other than the
Committee on the Judiciary or the Committee on Foreign Affairs. Manual
Sec. 817. Most private bills involving claims against the government
are referred to the Committee on the Judiciary, which has jurisdiction
over such claims under clause 1(l) of rule X. For example, a private
bill providing to a named individual an entitlement to social security
benefits was referred as a private claim only to the Committee on the
Judiciary (in accord with clause 2(d) of rule XII) and, when reported
by that committee, was referred to the Private Calendar and not
sequentially to the Committee on Ways and Means. 106-2, Feb. 14, 2000,
p 1170.
The Committee on the Judiciary refers a private claim bill to its
Subcommittee on Immigration Policy and Enforcement. The subcommittee
may hold a hearing on the matter. The full committee files its report
with the House, and the Speaker refers it to the Private Calendar. See
also Sec. 15, supra.

Note: An alternative to this procedure is provided for in law. It
authorizes either House of Congress, by adopting a resolution, to
refer bills (except pension bills) to the Chief Judge of the U.S.
Court of Federal Claims, and

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stipulates that the Chief Judge is to report the findings of fact and
conclusions in each case to the House that made the reference. 28 USC
Sec. Sec. 1492, 2509. These reports are provided to Congress for use
in deciding whether certain private claims warrant legislative relief.
Zadeh v. United States, 111 F. Supp. 248 (Ct. Cl. 1953).

Granting Relief; Consideration of Particular Claims

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

To provide for the payment to settle certain property damage
claims of residents arising out of the 1973 occupation of
Wounded Knee, South Dakota. 100-2, H.R. 2711, H. Rept. 100-559.
To provide for a payment to a child who had been sexually
assaulted by an employee of the Postal Service, who was
delivering mail at the time. A civil action against the United
States on behalf of the six-year-old claimant was filed under
the FTCA on the basis of negligent supervision of the employee
by the Postal Service, but this suit was unsuccessful,
intentional torts such as assault being excluded under the
provisions of the Act. 100-2, H.R. 4099, H. Rept. 100-556.
To authorize certain firefighters to sue the United States for
injuries or death under the FTCA because the Secretary of Labor
had determined that the firefighters were Federal employees
covered by another statute--the Federal Employee Compensation
Act--which precluded claims under the FTCA. 100-2, H.R. 2682,
H. Rept. 100-547.
To waive the discretionary-function and foreign-country
exceptions to the FTCA, thereby granting jurisdiction for a
claimant to sue the government for claims arising at a U.S.
Army health facility in Germany for improperly administered
smallpox vaccination. 100-2, H.R. 2684, H. Rept. 100-442.
To provide compensatory relief in a contract case based on a
moral obligation of the government, such as when money was
promised and not paid. 87-1, Priv. L. 87-195, H. Rept. 87-232;
100-2, H.R. 3185, H. Rept. 100-549.
To adjust or credit the account of a Federal official or to
reimburse a government employee for expenditures made by him at
the direction of his employer. 7 Cannon Sec. 863; 100-2, H.R.
3388, H. Rept. 100-551.

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To permit claimants to receive an annuity under the Civil
Service Retirement System. 100-2, H.R. 2889, H. Rept. 100-548;
100-2, H.R. 1864, H. Rept. 100-546.
To relieve a Federal employee of liability for repayment of
travel expenses erroneously paid to him by his employer. 100-2,
H.R. 3941, H. Rept. 100-555; 100-2, H.R. 3347, H. Rept. 100-
550.
To suspend or waive a statute of limitations where the
government has been unjustly enriched at the expense of the
claimant (87-1, Priv. L. 87-23, H. Rept. 87-176), or where to
do so would be in the interests of ``justice and equity'' (100-
1, H.R. 1491, H. Rept. 100-439).
To provide payment to an individual injured by a government-
prescribed fire. 104-2, S. 966, H. Rept. 104-638.
To provide reimbursement to an entity for emergency work under
the Robert T. Stafford Disaster and Emergency Assistance Act.
104-1, H.R. 419, H. Rept. 104-359.

Sec. 19 . -- Immigration and Naturalization Cases

Private bills are sometimes used to exempt individuals from the
application of the immigration and naturalization laws in hardship
cases where the law would otherwise prohibit entry into or require
deportation from the United States. Deschler Ch 24 Sec. 3.
Private bills have been used in specific cases to:

Restore a prospective immigrant to his place on a quota
waiting list when that place was lost through no fault of the
immigrant. 83-2, Priv. L. 601, H. Rept. 83-2078.
Grant asylum to a Communist aviator who flew his plane to the
West. 83-2, Priv. L. 380, H. Rept. 83-650.
Grant permanent-residency status to a Philippino woman who
became pregnant while visiting the United States under a
temporary visa, where the father had acquired permanent-
residency status, and where the alternative would have been to
separate the family, with the mother and infant returning to
the Philippines and the father remaining in the United States.
100-1, S. 393, H. Rept. 100-354.
Reinstate U.S. citizenship to a man who had renounced
citizenship in 1950 due to family obligations when he was
married to a Mexican national. 100-1, H.R. 2358, H. Rept. 100-
381.
Enable a record-holding swimmer from East Germany who had
defected to the United States to file a petition for
naturalization, without regard to residence or Communist Party
membership. 100-2, H.R. 446, H. Rept. 100-598.
Grant the status of permanent residence to a sports and media
figure retroactively to 1950 and provide that he be considered
to have complied with residential and physical presence
requirements of the Immigration and Naturalization Act. 86-2,
Priv. L. 86-486, H. Rept. 1506.

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

D. Restrictions on Certain Public Bills

Sec. 20 . Appropriations

Appropriations on Legislative Bills

Transportation Obligation Limitations

Clause 3 of rule XXI provides a restriction against general
appropriation bills that provide spending authority from balances in
the Highway Trust Fund (other than transfers from the general fund of
the Treasury) or reduces or limits the accruing balances of that trust
fund for anything other than activities authorized for highway or mass
transit programs. A former version of this rule enforced specified
minimum levels of surface transportation obligation limitations.
Manual Sec. 1064; see also Appropriations, Sec. 59a.

Funding for Aviation Programs

Section 206 of the Wendell H. Ford Aviation Investment and Reform
Act for the 21st Century (Pub. L. 106-181) added a provision
establishing points of order to guarantee a certain level of budget
resources available from the Airport and Airway Trust Fund each fiscal
year through fiscal year 2003 (updated to 2007 by Pub. L. 108-176), to
restrict the uses of those resources, and to guarantee a certain level
of appropriations. Manual Sec. 1064d; see also Appropriations,
Sec. 59a.

Sec. 21 . Tax and Tariff Measures

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

[[Page 182]]

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

Sec. 22 . Designation of Public Works

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

Sec. 23 . Prohibition on Commemorations

Clause 5 of rule XII precludes introduction and consideration of a
bill or resolution, or an amendment thereto, if it establishes or
expresses a commemoration. The term ``commemoration'' is defined by
the rule as a remembrance, celebration, or recognition for any purpose
through the designation of a specified period of time. Manual
Sec. 823.

Sec. 24 . Earmarks

Clause 9 of rule XXI precludes the consideration of bills and
joint resolutions unless a list of congressional earmarks, limited tax
benefits, and limited tariff benefits, are included in the committee
report. For unreported bills and certain amendments, this list must be
printed in the Congressional Record. In lieu of such a list, a
statement that the legislation contains no such earmarks, tax or
tariff benefits may also be submitted. Clause 9 of rule XXI also
precludes the consideration of conference reports whose joint
explanatory statement fails to include the requisite earmark
statement.
The point of order raised against consideration of a measure under
this rule must be based solely on the failure to include the requisite
earmark statement. The Chair does not rule on the sufficiency or
accuracy of such statements, but merely takes cognizance of their
presence or absence in the

[[Page 183]]

report, the joint explanatory statement, or the Congressional Record,
as applicable. See 110-1, May 10, 2007, pp 12190, 12191.
Pursuant to clause 9(c) of rule XXI, it is not in order to
consider a special order of business or other order of the House that
waives the earmark statement requirements in clause 9(a) or (b) of
rule XXI. A point of order under that paragraph is decided by the
question of consideration. See Question of Consideration.

Sec. 25 . Budget-related Restrictions

Certain budgetary schemes contained in House rules or enacted into
law place restrictions on the consideration of measures that violate
those budgetary rules. For a detailed discussion of these
restrictions, see Budget Process.

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CHAPTER 7
BUDGET PROCESS

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. -- Earlier Statutes
Sec. 3. -- The Paygo/Cutgo Rule
Sec. 4. -- The Statutory Pay-As-You-Go Act of 2010 (Stat-Paygo)
Sec. 5. Committee Jurisdiction; Reports and Estimates
Sec. 6. The Budget Timetable
Sec. 7. Budget Resolutions; Consideration and Debate
Sec. 8. -- Amendments to Resolutions
Sec. 9. -- Debate on Conference Reports
Sec. 10. -- Budget Resolution to Precede Consideration of Related
Legislation
Sec. 11. Reconciliation Procedures
Sec. 12. Adherence to Budget Resolution Spending and Revenue Levels
Sec. 13. Other Spending Controls
Sec. 14. -- Sequestration
Sec. 15. -- New Contract Authority; New Borrowing Authority
Sec. 16. -- New Entitlement Authority
Sec. 17. Social Security Funds
Sec. 18. The Budget Process and the Public Debt Limit
Sec. 19. Impoundments Generally
Sec. 20. -- Rescissions
Sec. 21. -- Deferrals
Sec. 22. Unfunded Mandates
Sec. 23. Earmarks
Sec. 24. Recent Developments: The Budget Control Act of 2011
Research References
Deschler Ch 13 Sec. 21
Manual Sec. Sec. 169, 719, 748, 853, 990, 1068c, 1068f, 1129-
1130
Budget and Accounting Act of 1921
Congressional Budget and Impoundment Control Act of 1974
Balanced Budget and Emergency Deficit Control Act of 1985
(Gramm-Rudman)
Balanced Budget and Emergency Deficit Control Reaffirmation
Act of 1987

[[Page 186]]

Budget Enforcement Act of 1990
Omnibus Budget Reconciliation Act of 1993
Unfunded Mandates Reform Act of 1995
Budget Enforcement Act of 1997
Statutory Pay-As-You-Go Act of 2010
Budget Control Act of 2011
Introduction to the Federal Budget Process, CRS, Dec. 2, 2010
Budget Enforcement Act of 1997: Summary and Legislative
History, CRS, Oct. 8, 1997

Sec. 1 . In General

There are three stages in the complex process by which the
Congress allocates the fiscal resources of the Federal government.
First, there is an authorization process, under which Federal programs
are created in response to national needs. Second, there is an
appropriations process under which funding is provided for those
programs. See Appropriations. Finally, there is a congressional budget
process that annually establishes an overall fiscal policy of spending
and revenues and that institutes a complex web of procedures to
enforce those budgetary decisions. The overall fiscal policy is
established by the annual adoption of a concurrent resolution on the
budget. The congressional budget process includes the development and
consideration of reconciliation legislation to implement its most
significant budget policies. These three stages are not necessarily
considered or completed in chronological order.
The enforcement of budgetary decisions encompasses both
congressional and executive actions. Such enforcement is rooted
principally in three statutes--the Congressional Budget Act of 1974
(the Budget Act), the Balanced Budget and Emergency Deficit Control
Act of 1985 (Gramm-Rudman), and the Statutory Pay-As-You-Go Act of
2010 (Stat-Paygo). A recent law, the Budget Control Act of 2011, also
provides new enforcement mechanisms for budgetary decisions. See
Sec. 24, infra. The Budget Act permits enforcement through
parliamentary points of order against legislation violating its
requirements and procedures. However, the enforcement mechanisms are
not automatically applied and timely points of order from the floor
are required to bring them into play. Gramm-Rudman made significant
revisions to the Budget Act and its budgetary control mechanisms. See
Sec. 2, infra. Stat-Paygo provides for a scorecard and a procedure
that will result in sequestration (automatic spending cuts) if the
scorecard shows a debit. The Budget Control Act of 2011 establishes a
point of order if discretionary spending caps are violated and
provides for sequestration if the product of a joint se

[[Page 187]]

lect committee on deficit reduction is not enacted into law by
December 2011.

Sec. 2 . -- Earlier Statutes

The Budget and Accounting Act of 1921

Budget reform began with the passage of the Budget and Accounting
Act of 1921. That Act established a new budget system that permitted
all items relating to a department to be brought together in the same
bill; required the President to submit an annual national budget to
Congress in place of the previous uncoordinated agency submissions;
created the Office of Management and Budget (OMB) to assist in this
respect; and established the General Accounting Office and made it the
principal auditing arm of the Federal government. 31 USC Sec. 1101.

The Congressional Budget Act of 1974

Until 1974 Congress lacked a comprehensive uniform mechanism for
establishing priorities among its budgetary goals and for determining
national economic policy regarding the Federal budget. Responsibility
for the budget remained fragmented throughout the Congress. The size
of the budget, and the size of the surplus or deficit, were not
subject to effective controls. To address these problems, both Houses
enacted over President Nixon's veto the Congressional Budget and
Impoundment Control Act of 1974. Deschler Ch 13 Sec. 21. The Act (2
USC Sec. 601) consisted of 10 titles that established:

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

Titles I through IX constitute the Congressional Budget Act of
1974 and title X constitutes the Impoundment Control Act. The Unfunded
Mandates Reform Act of 1995 added a new part B to title IV of the
Budget Act.

[[Page 188]]

The central purpose of the process established by the Budget Act
is to coordinate the various revenue and spending decisions that are
made in separate tax, appropriations, and legislative measures.

The Balanced Budget and Emergency Deficit Control Act of 1985

The Balanced Budget and Emergency Deficit Control Act of 1985
(Gramm-Rudman) made further significant changes in the budget process,
and in the Budget Act procedures. 2 USC Sec. 900. Conceived as a
statutory response to the burgeoning Federal deficit, Gramm-Rudman
instituted a single binding budget resolution, binding committee
allocations, reconciliation, and enforcement of spending through
sequestration. Gramm-Rudman included provisions amending the Budget
Act to permit a new point of order against legislation exceeding the
appropriate committee allocation (Sec. 302(f) of the Budget Act),
exempting the title II Social Security program from reconciliation
(Sec. 310(g) of the Budget Act), and precluding the breaching of
budget authority or outlay ceilings or revenue floors, with certain
exceptions (Sec. 311 of the Budget Act). Pursuant to section 275 of
Gramm-Rudman, several provisions of Gramm-Rudman expired on September
30, 2002, including two provisions providing for sequestration to
enforce discretionary spending (Sec. 251) and deficit targets
(Sec. 253).

Budget Enforcement Act of 1990; Revisions and Extensions

The Budget Enforcement Act of 1990 (BEA of 1990) revised the
Gramm-Rudman deficit targets, made deficit targets adjustable, and
extended the sequestration process. It set limitations on distinct
categories of discretionary spending and created a paygo process that
would trigger a sequestration of funds should increases in direct
spending or decreases in revenues cause a net increase in the deficit
for a given year. Sec. Sec. 13-16, infra.

Budget Enforcement Act of 1997

The Budget Enforcement Act of 1997 (BEA of 1997) extended the
discretionary spending limits and paygo process through fiscal year
2002 and further changed the congressional budget process. For a more
detailed discussion of its revisions, see Budget Enforcement Act of
1997: Summary and Legislative History, CRS, Oct. 8, 1997.

Sec. 3 . -- The Paygo/Cutgo Rule (Clause 10 of rule XXI)

Generally

At different times over the past three decades, different
procedures in the House have fallen under the label ``Pay-As-You-Go''
or paygo. The term paygo was first used in law in section 252 of
Gramm-Rudman as part

[[Page 189]]

of a process that required that direct spending and revenue
legislation enacted into law be deficit neutral. The original
statutory paygo process, as noted above, was first instituted in 1990
and, while textually still in law, only applies to legislation enacted
prior to the end of the fiscal year 2002. Today the House operates
under another statutory paygo process (Stat-Paygo), enacted on
February 12, 2010 (Pub. L. 111-139). See Sec. 4, infra.
The House first adopted a separate paygo rule providing a point of
order against measures in the 110th Congress (clause 10 of rule XXI).
That rule was converted to a procedure known as cutgo in the 112th
Congress. ``Cut-As-You-Go'' changed the focus of the rule to increases
in mandatory spending. As so amended, the rule operates independently
of revenue changes and the status of the deficit or surplus. This
section will address primarily the parliamentary procedures found in
the House rules. For a more detailed description of Stat-Paygo, see
The Statutory Pay-As-You-Go Act of 2010: Summary and Legislative
History, CRS, Sept. 13, 2010. For more on the former House paygo rule,
see Manual Sec. 1068e for the 111th Congress (H. Doc. 110-162).

The Cutgo Rule (clause 10 of rule XXI)

The House cutgo rule establishes a point of order against measures
that cause an increase in mandatory spending over a six- or eleven-
year time period. The effect of the measure is determined on the basis
of estimates made by the Committee on the Budget. 112-1, Jan. 26,
2011, p __. The rule also provides special procedures when evaluating
measures that (1) are considered under a rule that directs the Clerk
to add the text of one measure to another after passage, or (2)
contain provisions designated as an emergency.

Definitions and Time Periods

The cutgo rule only addresses measures that affect mandatory
spending. The rule equates ``mandatory spending'' with ``direct
spending'' and uses the definition of direct spending found in section
250 of Gramm-Rudman with an exception for certain provisions in
appropriation Acts. The rule also uses the definitions of ``budget
year'' and ``current year'' found in section 250 of Gramm-Rudman.
The rule provides both a six- and eleven-year time period in which
a measure may not increase mandatory spending. Specifically, the
measure may not increase mandatory spending for the period comprising
either: (1) the current year, the budget year, and the four years
following that budget year; or (2) the current year, the budget year,
and the nine years following that budget year.

[[Page 190]]

Estimates

The effect of the measure on mandatory spending is based on
estimates provided by the Committee on the Budget. This is similar to
the authority vested in the Committee on the Budget by section 312 of
the Budget Act over estimates of levels of new budget authority,
outlays, direct spending, new entitlement authority, and revenues for
purposes of titles III and IV of the Budget Act. The Chair is
authoritatively guided by estimates from the Committee on the Budget
as to the net effect of a measure as compared to the proposition to
which it was offered. 112-1, Jan. 26, 2011, p __.

Linking Measures

The rule provides for a special evaluation when a measure is being
considered under a special order of business that directs the Clerk to
add the text of one measure to another measure following passage.
Specifically, the rule provides that if a bill, joint resolution, or
amendment is considered pursuant to a special order of the House
directing the Clerk to add as new matter at the end of such measure
the entire text of a separate measure or measures as passed by the
House, the new matter shall be included in the evaluation of the bill,
joint resolution, or amendment. Clause 10(b) of rule XXI. See Special
Orders of Business.

Emergency Designations

The rule excludes provisions designated as emergencies in certain
measures from the cutgo evaluation. The rule specifically excludes a
provision designated as an emergency under Stat-Paygo in the case of a
point of order against: (1) a bill or joint resolution; (2) an
amendment made in order as original text by a special order of
business; (3) a conference report; or (4) an amendment between the
Houses. Clause 10(c)(1) of rule XXI. The rule also provides that in
the case of an amendment (other than an amendment in the nature of a
substitute made in order as original text or an amendment between the
Houses) the evaluation of the Committee on the Budget shall give no
cognizance to any designation of emergency. Clause 10(c)(2) of rule
XXI. This provision creates a level playing field for amendments by
requiring the Committee on the Budget to evaluate amendments offered
from the floor (including those proposed in a motion to recommit) to
the underlying text as if both the amendment and the underlying text
did not include such emergency designations. For a discussion of the
treatment of emergency designations under the Budget Control Act of
2011, see Sec. 24, infra.

[[Page 191]]

Reconciliation Directives

Clause 7 of rule XXI also provides a point of order against
concurrent resolutions on the budget that contain reconciliation
directives that are not cutgo-compliant. Specifically, it is not in
order to consider a concurrent resolution on the budget, or an
amendment thereto, or a conference report thereon, that contains
reconciliation directives under section 310 of the Congressional
Budget Act of 1974 that specify changes in law that would cause an
increase in net direct spending for the period of the concurrent
resolution on the budget.

Sec. 4 . -- The Statutory Pay-As-You-Go Act of 2010 (Stat-Paygo)

Generally

The Statutory Pay-As-You-Go Act of 2010 (Pub. L. 111-139) was
enacted on February 12, 2010. That Act established a new budget
enforcement mechanism to require that new direct spending and revenue
legislation enacted into law not increase the deficit. Under this
procedure, the budgetary effects of direct spending and revenue
legislation are carried on paygo scorecards covering five- and ten-
year periods. If at the end of a congressional session a scorecard
shows a net debit, the President issues an order known as a
``sequestration order'' that results in a largely across-the-board cut
in certain programs equal to the amount of the debit.
Section 4 of the Act establishes a procedure whereby budgetary
effects of certain measures for purposes of maintaining a paygo
scorecard are determined by Congress. This procedure permits the House
and Senate to include language in bill text to direct that the scoring
of a measure be determined by reference to an estimate submitted in
the Record by the chair of either the House or Senate Budget Committee
or both acting together in the case of a conference report. If such
language is not included, the budgetary effects are determined by the
Office of Management and Budget.
Section 4 of the Act provides that the provisions that are
designated as emergency requirements under the Act are not counted as
budgetary effects. The Act further provides that the Chair must put
the question of consideration with regard to each measure carrying an
emergency designation. See Question of Consideration.

Budgetary Effects Procedure

Stat-Paygo establishes a procedure where the budgetary effects of
legislation are determined by either the Congress or by the Office of
Management and Budget. The Act provides for congressional scoring to
be used if (1) specified legislative language is contained in the
measure and (2) a state

[[Page 192]]

ment issued by the relevant chair of the Committee on the Budget (or
jointly by both chairs in the case of amendments between the Houses
and conference reports) has been printed in the Record prior to the
final vote on the measure. The language required to be included in the
measure is as follows:

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled `Budgetary Effects of paygo
Legislation' for this Act, submitted for printing in the
Congressional Record by the chair of the (House and/or Senate)
Budget Committee, provided that such statement has been submitted
prior to the vote on passage (or in the House acting first on this
conference report or amendments between the Houses).

For examples of Congressional Record submissions to accompany the
textual reference, see 111-2, Feb. 25, 2010, p __ (submission with
respect to a bill); 111-2, May 28, 2010, p __ (submission with respect
to a House amendment to a Senate amendment), and 111-2, Nov. 15, 2010,
p __ (joint submission with respect to a conference report). Any
deviation from the statutory formula in terms of content or timing
could result in the budgetary effects being measured by the Office of
Management and Budget rather than Congress.

Emergency Designations

Section 4 of the Act provides that a provision of direct spending
or revenue legislation may be designated as an emergency for purposes
of the Act. The budgetary effects of such a provision are not included
in the estimate provided under the Act by CBO or OMB, as applicable.
Sec. 4(g). The Act also provides that if an emergency designation
under the Act is included in a measure in the House, the Chair must
put the question of consideration on such measure. Sec. 4(g)(2). The
Budget Control Act of 2011 provides a separate treatment for emergency
designations and motions to strike such designations. See Sec. 24,
infra.

Sec. 5 . Committee Jurisdiction; Reports and Estimates

Committee on the Budget Jurisdiction

To implement the congressional budget process, the Budget Act
created the Senate and House Budget Committees and CBO. 2 USC
Sec. 601. The Budget Committees were authorized to draft the
concurrent resolution on the budget. Unlike the authorizing and
appropriating committees, which focus on individual Federal programs,
the Budget Committees focus on the Federal budget as a whole and on
how it affects the national economy.

[[Page 193]]

Clause 1(d) of rule X gives the Committee on the Budget
jurisdiction over matters relating to the congressional budget,
including concurrent resolutions on the budget and measures on budget
process and on the enforcement of budget controls. Manual Sec. 719.
Section 310 of the Budget Act provides conditions for the reporting by
the Budget Committees of reconciliation measures.
Section 306 of the Budget Act prohibits the consideration in
either House of a bill or resolution dealing with a matter within the
jurisdiction of its Committee on the Budget if not reported from that
committee or discharged therefrom. The following were held to violate
this section:

An amendment directing that certain lease-purchase agreements
be scored on an annual basis for budget purposes. 106-1, July
19, 1999, pp 16615, 16616.
An amendment designating an appropriation as ``emergency
spending'' within the meaning of the budget-enforcement laws.
106-1, Sept. 8, 1999, pp 20928-30.

Separate orders contained in opening-day rules packages have
confined the point of order under section 306 to bills and joint
resolutions only. See, e.g., 107-1, H. Res. 5, Jan. 3, 2001, p 26;
108-1, H. Res. 5, Jan. 7, 2003, p 10; 109-1, H. Res. 5, Jan. 4, 2005,
p 44; 110-1, H. Res. 6, Jan. 4, 2007, p 23; 111-1, H. Res. 5, Jan. 6,
2009, p __; 112-1, H. Res. 5, Jan. 5, 2011, p __.

Committee on Rules Jurisdiction

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

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Committee Reports; Cost Estimates and Scorekeeping

CBO provides economic and programmatic analyses and cost
information on most reported public bills and resolutions. Under the
Budget Act, five-year cost estimates are prepared and published in the
reports accompanying these bills. Sec. Sec. 308(a)(1)(B), 402 of the
Budget Act. A committee cost estimate identifying certain spending
authority as recurring annually and indefinitely was held necessarily
to address the five-year period required by this section. Manual
Sec. 844.
Committee reports on legislation providing new budget authority or
a change in revenues or tax expenditures are required to contain the
estimates and other detailed information mandated by section 308(a) of
the Budget Act. The information mandated by section 308(a) also is
required under clause 3(c) of rule XIII, except that the estimates
with respect to new budget authority must include, when practicable, a
comparison of the total estimated funding level for the relevant
program (or programs) to the appropriate levels under current law.
Manual Sec. 840.
If a bill providing new budget authority is reported without an
estimate of its cost, a point of order under clauses 3(c)(2) and
3(c)(3) of rule XIII (requiring that an estimate under sections 308
and 402 of the Budget Act be included in the report) may be made
against consideration of the bill. However, a special order of
business for the consideration of a bill that ``self-executes'' the
adoption of an amendment providing new budget authority into a bill to
be subsequently considered does not, itself, provide new budget
authority within the meaning of section 308 of the Budget Act (so as
to require a report by the Committee on Rules to include such a cost
estimate). Manual Sec. 1127. The Committee on the Budget has certain
scorekeeping responsibilities under section 312 of the Budget Act, the
House cutgo rule, and Stat-Paygo.
The Director of CBO is required to issue to the committees of the
House and the Senate monthly reports detailing and tabulating the
progress of congressional action on specified bills and resolutions.
Sec. 308(b)(1) of the Budget Act. The Budget Committees of each House
are required to prepare budget ``scorekeeping'' reports and to make
them available frequently enough to provide Members of each House with
an accurate representation of the current status of congressional
consideration of the budget. Sec. 308(b)(2) of the Budget Act.
For a discussion of committee allocations, see Sec. 12, infra.

[[Page 195]]

Sec. 6 . The Budget Timetable

Section 300 of the Budget Act includes a nonmandatory timetable
for various stages of the congressional budget process:

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

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

On or before February 15--CBO submits annual report to the
Budget Committees

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

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

Note: These reports provide the Budget Committees with an early
and comprehensive indication of committee legislative planning. These
reports include estimates of new budget authority and outlays.

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

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

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

Note: General appropriation bills, and amendments thereto, may be
considered in the House after May 15 even if a budget resolution for
the ensuing fiscal year has yet to be agreed to. Sec. 303(b)(2) of the
Budget Act.

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

Note: The mandatory June 15 deadline was repealed by the BEA of
1990. However, the Congress may not adjourn for more than three
calendar days during the month of July until the House has completed
action on the rec

[[Page 196]]

onciliation legislation (Sec. 310(f) of the Budget Act) and the annual
appropriation bills (Sec. 309 of the Budget Act).

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

Note: The fiscal year begins on October 1 and ends on September
30. If action on appropriation bills has not been completed by October
1, Congress may pass a ``continuing resolution'' to provide
appropriations on a temporary basis until the regular appropriation
bills are enacted.

Deadlines for other stages in the budget process, such as
notification of adjustment in maximum deficit amounts, the President's
mid-session budget review, and various CBO and OMB sequestration
reports, were provided for in section 254(a) of Gramm-Rudman. Other
than October 1 (beginning of new fiscal year), the dates established
in section 300 are targets to be met each year. Failure to meet the
targets does not inhibit consideration of measures beyond those dates.
Under clause 2(d) of rule X, each standing committee must submit
its oversight plan for the Congress to the Committees on Oversight and
Government Reform and House Administration by February 15 of the first
session. These plans must be reported to the House by the Committee on
Oversight and Government Reform by March 31 of the session. Clause
2(d) of rule X.

Sec. 7 . Budget Resolutions; Consideration and Debate

Generally

The budget resolution is a concurrent resolution; as such it is
not a law. It serves as an internal framework for Congress in its
action on separate revenue, spending, and other budget-related
measures. The content of budget resolutions and accompanying reports
is governed by section 301 of the Budget Act. Budget resolutions set
forth budgetary levels for the upcoming fiscal year and for at least
the four succeeding fiscal years, including amounts for total spending
and total revenues. The budget resolution gives the Congress a
mechanism for establishing Federal spending priorities. The budget
resolution accomplishes this by dividing up Federal spending among
various ``major functional categories,'' such as national defense,
agriculture, and health. Manual Sec. 1127.
Section 301(b)(4) of the Budget Act permits a concurrent
resolution on the budget to ``set forth such other matters, and
require such other procedures, relating to the budget, as may be
appropriate to carry out the pur

[[Page 197]]

poses of [the] Act.'' This provision is sometimes referred to as the
``elastic clause.'' Textually, the ``other matters'' and
``procedures'' admitted by this section must: (1) relate to the
budget; and (2) be appropriate to carry out the purposes of the Budget
Act.

Note: Matter included under the ``elastic clause'' must not
include matter that would destroy the privilege of the concurrent
resolution on the budget, such as by effecting a special order of
business. The only matter in the nature of a special order of business
that may be included in a privileged concurrent resolution on the
budget is a reconciliation directive. See Sec. 11, infra.

Consideration of Budget Resolutions

A concurrent resolution on the budget that has been reported as
privileged pursuant to clause 5(a) of rule XIII is privileged for
consideration under procedures set forth in section 305 of the Budget
Act, but those procedures do not apply to unreported budget
resolutions. 98-2, Apr. 5, 1984, pp 7992, 7993. The House may vary the
parameters of consideration by unanimous consent, by suspension of the
rules, or by adoption of a special order of business, because the
statutory provisions concerned were enacted as exercises of the
rulemaking powers of the House under the Constitution. Sec. 904(a) of
the Budget Act. It is customary for the House to vary the parameters
for consideration of a budget resolution by adopting a special order
of business recommended by the Committee on Rules. In recent
Congresses such rules have permitted only designated amendments in the
nature of substitutes, and perfecting amendments have been precluded.
See, e.g., 103-2, H. Res. 384, Mar. 10, 1994, p 4346; 107-1, H. Res.
100, Mar. 28, 2001, p 4758; 111-1, H. Res. 305, Apr. 1, 2009, p __.
Section 305(a)(1) of the Budget Act requires a three-day layover
period that starts when the report on the resolution first becomes
available. Clause 4(a) of rule XIII. Section 305(a) of the Budget Act
also provides for consideration in the Committee of the Whole; limits
general debate to not more than ten hours, with up to an additional
four hours permitted on economic goals and policies; and provides for
consideration of amendments under the five-minute rule. Sec. 8, infra.
After the Committee of the Whole rises and reports the resolution back
to the House, the previous question is considered as ordered on the
resolution and any amendments thereto to final passage without
intervening motion. Neither a motion to recommit the resolution nor a
motion to reconsider is in order. Sec. 305(a)(2)-(5) of the Budget
Act. The yeas and nays are required to be put on the question of final
adoption of a concurrent resolution on the budget. Clause 10 of rule
XX.

[[Page 198]]

A budget resolution being considered in Committee of the Whole has
been held subject to a motion to rise and report the resolution back
to the House with the recommendation that the resolving clause be
stricken. 103-1, Mar. 18, 1993, p 5658. However, a motion to recommit
pending House adoption of the concurrent resolution is not in order
under section 305(a) of the Budget Act.
A budget resolution may under some circumstances be divided so as
to permit a separate vote on particular sections therein. Manual
Sec. 921. The question of adoption of a budget resolution containing
one section revising the congressional budget for the fiscal year,
preceded by sections setting forth budget targets for ensuing fiscal
years as well as reconciliation instructions, and followed by a final
section on reporting of certain fiscal information, was divided on the
demand of a Member for two separate votes (1) on the first and final
portions of the resolution and then (2) on the separable section in
between. 96-2, May 7, 1980, pp 10185-87. The rule providing for the
consideration of a budget resolution normally precludes a demand for a
division on the question of its adoption. See, e.g., 107-1, H. Res.
100, Mar. 28, 2001, p 4758.

Sec. 8 . -- Amendments to Resolutions

Generally

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

Amendments to Achieve Mathematical Consistency

Clause 10 of rule XVIII requires, with certain exceptions, that
amendments to concurrent resolutions on the budget be mathematically
consistent. Under this rule, amendments making changes in budget
authority and outlay aggregate totals must be accompanied by
comparable changes in functional categories. A point of order will lie
against an amendment to the resolution increasing the aggregates and a
functional category for budget authority and outlays but not changing
the amount of the deficit. However, an amendment that only transfers
an amount of budget authority from one functional category to
another--that is, reduces one category by a certain amount and

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adds the same amount to another category--need make no changes in the
aggregates to achieve mathematical consistency. 96-1, May 8, 1979, p
10271.
An amendment to achieve mathematical consistency throughout the
resolution may either change the functional categories to conform with
the aggregates, or vice versa, and if such an amendment is offered and
rejected, another amendment in different form to achieve mathematical
consistency may be offered. 96-1, May 14, 1979, pp 10967-75. Under
section 305(a)(5) of the Budget Act, an amendment or amendments to
achieve mathematical consistency can be offered at any time up to
adoption.
A change in the public debt limit from that figure reported by the
Committee on the Budget is not in order, except as part of an
amendment offered at the direction of the Committee on the Budget to
achieve mathematical consistency. Clause 10 of rule XVIII. For more on
the public debt limit, see Sec. 18, infra.

Germaneness

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

Sec. 9 . -- Debate on Conference Reports

Unless limited by a special order of business, there can be up to
five hours of debate in the House on a conference report on a
concurrent resolution on the budget under section 305(a)(6) of the
Budget Act, to be equally divided between the majority and minority
parties. Where the conferees report in total disagreement, debate on
the motion to dispose of the amendment in disagreement is not governed
by the statute and is instead considered under the general ``hour''
rule in the House. See, e.g., 95-2, May 17, 1978, p 14117. Under
section 305(a)(6) of the Budget Act, neither a motion to recommit nor
a motion to reconsider is available on a conference report.

Sec. 10 . -- Budget Resolution to Precede Consideration of Related
Legislation

Section 303 of the Budget Act precludes consideration of certain
budget-related legislation for a fiscal year until the budget
resolution for that year has been adopted by both Houses. The essence
of this section is timing. It

[[Page 200]]

reflects a judgment that legislative decisions on expenditures and
revenues for the coming fiscal year should await the adoption of the
budget resolution for that year. 101-2, July 25, 1990, p 19161.
Legislation ruled out under section 303 has included:

A conference report containing new spending authority in the
form of entitlements to become effective in fiscal years 1978
through 1980, where the concurrent resolution on the budget for
those fiscal years had not yet been adopted. Manual Sec. 1127.
An amendment providing new entitlement authority to become
effective in a fiscal year before adoption of the budget
resolution for that year. Manual Sec. 1127.
An amendment providing new budget authority for a fiscal year,
before adoption of a budget resolution for that year. Manual
Sec. 1127.
A motion to recommit proposing an amendment providing an
increase in revenues for a fiscal year before adoption of a
budget resolution for that year. 105-2, July 24, 1998, pp
17198, 17276.

While section 303 provides that a point of order lies only against
a bill or joint resolution that has been reported (Sec. 303(b)(3) of
the Budget Act), clause 8 of rule XXI provides that title III of the
Budget Act operates without regard to whether the measure concerned
has been reported.
Waivers of section 303 of the Budget Act have been provided
pursuant to a special order of business from the Committee on Rules.
See Sec. 4, supra. Section 303 does not apply after April 15 if the
measure would not increase the deficit or lower revenues below the
aggregate level of Federal revenues set forth in the concurrent
resolution on the budget. Sec. 302(g) of the Budget Act.

Sec. 11 . Reconciliation Procedures

Section 301(b)(2) of the Budget Act provides for the inclusion of
reconciliation instructions in a budget resolution and for the
reporting and consideration of reconciliation legislation.
Reconciliation instructions direct committees to recommend changes in
existing law to achieve the goals in spending or revenues contemplated
by the budget resolution. If reconciliation instructs more than one
committee in each House, then all committees instructed are to submit
their recommendations to their respective Budget Committees. The
Budget Committees then assemble, without substantive revision, all the
recommendations into one bill for action by the House or Senate.
Sec. 310 of the Budget Act. Reconciliation instructions may
contemplate several reconciliation bills, including a bill that
reduces revenues. See, e.g., 104-2, May 21, 1996, p 11939-41 (decision
of Chair sustained on appeal in the Senate); 106-1, H. Con. Res. 68,
Mar. 25, 1999, pp 5754, 5755

[[Page 201]]

(House adoption of budget resolution). Section 310 provides expedited
consideration in both Houses of reconciliation legislation, provided
the reconciliation bill has been reported as privileged pursuant to
clause 5(a) of rule XIII. However, it is customary for the House to
vary the parameters for consideration of a reconciliation bill by
adopting a special order of business resolution recommended by the
Committee on Rules. See, e.g., 107-1, H. Res. 142, May 16, 2001, p
8191. Clause 7 of rule XXI provides a point of order against
reconciliation instructions that are not cutgo-compliant.
Section 310(c)(1)(A) of the Budget Act permits committees, in
meeting their reconciliation targets, to alternatively substitute
revenue and spending changes by up to 20 percent of the sum of the
absolute value of reconciled changes as long as the result does not
increase the deficit relative to the reconciliation instructions.
Section 310(d) of the Budget Act requires that amendments offered to
reconciliation legislation in either the House or the Senate must not
increase the level of deficit (if any) in the resolution. Section 313
of the Budget Act addresses the subject of ``extraneous'' material in
a reconciliation bill--the so-called ``Byrd Rule.'' The enforcement of
this section applies only in the Senate but can be directed against
matter originating in the House.

Sec. 12 . Adherence to Budget Resolution Spending and Revenue Levels

The various parliamentary enforcement mechanisms established in
the Budget Act--those sections establishing points of order against
consideration of certain propositions--constitute rules of the House
and, as such, are liable to waiver by unanimous consent, by suspension
of the rules, or by adoption of a special order of business. It is not
unusual for the House to waive such a point of order by adopting a
special order of business resolution recommended by the Committee on
Rules.

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

With certain exceptions, section 311(a) of the Budget Act
precludes specified measures--including amendments and conference
reports--that would cause total budget authority or total outlays to
exceed, or total revenues to be below, the level set forth in the
budget resolution. The provision is enforced by points of order
against the consideration of reported measures that would breach the
``appropriate levels'' of total new budget authority or total outlays
or total revenues in the budget resolution.

[[Page 202]]

The Chair has sustained points of order under section 311(a) of
the Budget Act in the following instances:

An amendment striking a rescission of existing budget
authority where its effect would be to increase the net new
budget authority in the bill in breach of the applicable total.
97-1, May 12, 1981, p 9314.
An amendment reducing revenues for the fiscal year below the
total level of revenues contained in the concurrent resolution
on the budget for that year. See 94-2, Oct. 1, 1976, pp 34554-
57.
A motion to amend a Senate amendment providing new budget
authority for official mail costs to be available immediately
where the applicable total of new budget authority contained in
the budget resolution had already been exceeded and where the
Committee on Appropriations had exceeded its section 302(a)
allocation (thereby rendering the section 311(b) exception
inapplicable). 101-1, Sept. 28, 1989, p 22267.

``Deemers''

The House has adopted resolutions to ``deem'' budget parameters to
be in place for temporary enforcement. These ``deemers'' have
typically been carried in either a special order of business reported
from the Committee on Rules or as a separate order in an opening-day
resolution adopting the standing rules for a Congress. See, e.g., 105-
2, H. Res. 477, June 19, 1998, pp 12991, 12998; 106-1, H. Res. 5, Jan.
6, 1999, p 76; 107-2, H. Res. 428, May 22, 2002, p 8675; 108-1, H.
Res. 5, Jan. 7, 2003, p 13. These resolutions often empower the chair
of the Committee on the Budget to place allocations in the Record that
are ``deemed'' in place for purposes of enforcing the Budget Act.

Committee Allocations (Sec. 302 of the Budget Act)

Section 302(a) of the Budget Act provides for an allocation to
each committee of ``appropriate levels'' of new budget authority and
outlays, which are published in the joint statement of managers
accompanying a conference report on the budget resolution.
Each committee is allocated an overall level for discretionary
spending that is consistent with the congressional budget plan. Under
section 302(b) of the Budget Act, the Committee on Appropriations of
each House then subdivides its allocations among its subcommittees.
Section 302(c) of the Budget Act precludes consideration of an
appropriation measure until that committee has made its suballocation
under section 302(b). Points of order under section 302(c) apply
separately to the consideration of bills and amendments. Thus, a
waiver of points of order against consideration of an appropriation
bill before filing of a report from the Committee on Appropriations
allocating new budget authority among its subcommittees does not

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extend to an amendment providing new budget authority in addition to
the amounts contained in the bill. 100-1, July 13, 1987, p 19514; 108-
1, Jan. 8, 2003, p 194.
Any Member may raise a point of order under section 302(f) of the
Budget Act against a bill, amendment, or conference report that would
exceed the relevant committee allocation. An amendment that provides
no new budget authority or outlays but instead results in outlay
savings is not subject to a point of order under these provisions.
100-1, June 30, 1987, p 18308. The Chair has sustained points of order
under section 302(f) of the Budget Act in the following instances:

An amendment to a general appropriation bill increasing the
level of new discretionary budget authority in excess of the
relevant allocation under 302(b) of the Budget Act. 108-1, July
25, 2003, p 19722-24; 109-2, June 27, 2006, p 12802.
An amendment to a general appropriation bill proposing to
strike a provision scored as negative budget authority and thus
providing new budget authority in excess of the relevant
allocation under section 302(b) of the Budget Act. 106-2, June
13, 2000, p 10505.
An amendment to a general appropriation bill offsetting an
increase in the level of discretionary budget authority with a
decrease in an account designated as ``emergency spending,''
such designation rendering that account invisible under the
Budget Act and thus unavailable for an offsetting transfer.
109-1, Mar. 15, 2005, p 4696.
An amendment to a general appropriation bill proposing to
strike a provision stating that a specified increment of new
discretionary budget authority provided by the bill would
``become available for obligation only upon the enactment of
future appropriations legislation,'' thus causing the bill to
provide additional new discretionary budget authority in that
incremental amount in excess of the relevant 302(b) allocation.
104-2, June 26, 1996, p 15563.
A motion to commit a bill with instructions proposing to
provide new budget authority in excess of the relevant 302(a)
allocation. 108-1, Jan. 8, 2003, p 193, 194.
A motion to recommit a bill with instructions proposing to
provide new budget authority in excess of the relevant 302(a)
allocation. 106-2, June 28, 2000, p 12750; 108-2, Apr. 2, 2004,
p 6374; 108-2, July 22, 2004, p 17321.

The Section 311(c) Exception

As noted above, section 311(a) of the Budget Act precludes
Congress from considering legislation that would cause total revenues
to fall below, or total new budget authority or total outlays to
exceed, the appropriate level set forth in the budget resolution.
However, section 311(a) does not apply in the House to spending
legislation if the committee reporting the measure

[[Page 204]]

has stayed within its section 302(a) allocation of new budget
authority. See Sec. 311(c) of the Budget Act. Accordingly, for the
purposes of section 311, the House may take up any spending measure
that is within the appropriate committee allocations, even if (solely
due to excessive spending within another committee's jurisdiction) it
would cause total spending to be exceeded.

Emergency Spending

In prior years, Congress used a variety of mechanisms to exempt
spending designated as emergency spending from constraints imposed by
the Budget Act. For example, an amount designated as an emergency
might be rendered ``invisible'' and not taken into account for certain
Budget Act purposes, as under section 606(d) (now repealed). Under
other procedures, automatic adjustments in budget levels and committee
allocations would be triggered to account for amounts designated as
emergencies, as under section 314 (now revised).
The Budget Control Act of 2011 provided for new treatment in the
House for provisions containing amounts designated as an emergency and
made substantial changes to the operation of section 314 of the Budget
Act. See Sec. 24, infra. In addition, emergency spending is sometimes
governed by provisions in the concurrent resolution on the budget.
Finally, emergency designations are also accorded special treatment
under clause 10 of rule XXI and Stat-Paygo. See Sec. Sec. 3, 4, supra.

Chair Guided by Committee on the Budget Estimates

When the Chair decides questions of order under titles III and IV
of the Budget Act, section 312(a) of the Budget Act requires the
reliance on estimates provided by the Committee on the Budget in
determining levels of new budget authority, outlays, direct spending,
new entitlement authority, and revenues for a fiscal year. See, e.g.,
106-2, June 8, 2000, pp 9940-3. A similar authority is provided in the
House cutgo rule and Stat-Paygo.

Sec. 13 . Other Spending Controls

Generally

For a detailed explanation of deficit targets, discretionary
spending limits, and paygo processes, see Introduction to the Federal
Budget Process, CRS, Dec. 2, 2010.

Sec. 14 . -- Sequestration

Sequestration (an automatic spending reduction process) involves
the issuance of a Presidential order that permanently cancels
budgetary authority

[[Page 205]]

(except for special funds and trust funds) for the purpose of
achieving a required amount of outlay savings. Currently,
sequestration authority is provided by Stat-Paygo and the Budget
Control Act of 2011. Pursuant to Stat-Paygo, the budgetary effects of
direct spending and revenue legislation are carried on scorecards
covering five and ten year periods. The President is required to issue
a sequestration order (prepared by OMB) if, at the end of a
congressional session, either scorecard shows a net debit. The
sequestration order results in a largely across-the-board cut equal to
the amount of the debit, the specifics of which can be found in
section 6 of Stat-Paygo.
The Budget Control Act of 2011 established annual discretionary
spending limits for security and non-security spending for a ten-year
period. The Act also mandated sequestration procedures to eliminate a
breach in either category. The Act also established a point of order
in section 314 of the Congressional Budget Act against any bill, joint
resolution, amendment, motion, or conference report that would cause
the discretionary spending caps to be exceeded.

Direct Spending

A conventional authorization establishes or continues a government
agency or program. Although it may limit the amount of budget
authority that may be appropriated for that purpose, the authorized
funds are available only to the extent provided for in appropriation
Acts originated by the Committee on Appropriations. Deschler Ch 25
Sec. 2.13; see Appropriations. Spending legislation that circumvents
the appropriations process is called ``direct spending'' (sometimes
referred to as ``mandatory spending''). Under clause 10 of rule XXI,
direct spending includes spending described in section 250(c)(8) of
Gramm-Rudman (budget authority provided by law other than
appropriation Acts, entitlement authority, and the Supplemental
Nutrition Assistance Program) and, additionally, provisions in
appropriation Acts that make outyear modifications to substantive law
as described in section 3(4)(C) of Stat-Paygo.

Sec. 15 . -- New Contract Authority; New Borrowing Authority

New budget authority provided by law other than appropriation Acts
may take the form of new contract authority or new authority to incur
indebtedness (often referred to as ``borrowing authority'').
With certain exceptions, section 401(a) of the Budget Act requires
new contract authority and new authority to incur indebtedness to be
effective only as provided in appropriation Acts. The various
authorities referred to in section 401(a) of the Budget Act do not
apply to bills that provide legislative authorizations that are
subject to the appropriations process. A con

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ference report authorizing the Secretary of Health, Education, and
Welfare to borrow funds by issuing government notes as a public debt
transaction, not subject to amounts specified in advance in
appropriation Acts, was conceded to violate section 401(a) of the
Budget Act and was ruled out on a point of order. 94-2, Sept. 27,
1976, p 32655. Whether or not an amendment to a pending measure
violates section 401(a) of the Budget Act is determined by its
marginal effect on the pending measure (rather than current law). See
102-2, Mar. 26, 1992, p 7183.

Sec. 16 . -- Entitlement Authority

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

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

Manual Sec. 1127.

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

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

Manual Sec. 1127.

In recent Congresses, the House has adopted an order of the House
excluding Federal compensation from the definition of entitlement
authority. See, e.g., 112-1, H. Res. 5, Jan. 5, 2011, p __.

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Points of Order under Section 401 of the Budget Act

A point of order under section 401 lies against a reported bill or
joint resolution and not against an unreported measure. Manual
Sec. 1127. The spending authorities subject to constraints under
section 401, as forms of direct spending, are also subject to the
spending constraints on new budget authority under sections 302(f),
303, and 311(a) of the Budget Act.

Sec. 17 . Social Security Funds

Receipts and disbursements of the Social Security trust funds are
not to be counted as new budget authority, outlays, receipts, or as
deficit or surplus. Under section 13301 of the BEA of 1990, the off-
budget status of these programs applies for purposes of the
President's budget, the congressional budget, and under Gramm-Rudman.
Manual Sec. 1129. Section 13302 of the BEA of 1990 creates a ``fire
wall'' point of order in the House to prohibit the consideration of
legislation that would change certain balances of the Social Security
trust funds over specified periods. Manual Sec. 1129.
Section 310(g) of the Budget Act prohibits the consideration of
reconciliation legislation that contains recommendations with respect
to the title II program under the Social Security Act (OASDI).

Sec. 18 . The Budget Process and the Public Debt Limit

A limit on the public debt is fixed by law. 31 USC Sec. 3101. The
public debt limit may be changed by enactment of a bill or joint
resolution. See, e.g., 101-2, H.R. 5350, Aug. 4, 1990; the Omnibus
Budget Reconciliation Act of 1993. A former rule of the House
generated and deemed passed a joint resolution automatically upon
adoption by Congress of a concurrent resolution on the budget that
sets forth a level of the public debt that is different from the
statutory limit. Rule XXVIII was first adopted in the 96th Congress.
It was rendered inoperative on occasion. See, e.g., 104-1, H. Res.
149, May 17, 1995, pp 13275, 13276; 105-1, H. Res. 152, May 20, 1997,
p 8904. It was repealed in the 107th Congress, reinstated in the 108th
Congress, and repealed again in the 112th Congress. Manual Sec. 1104.
The Budget Control Act of 2011 provided for incremental increases
in the debt limit by the President and expedited procedures for the
Congress to disapprove of those increases. For a description of the
procedures for increasing the debt limit under the Budget Control Act
of 2011, see Sec. 24, infra.
Section 301(a)(5) of the Budget Act requires the budget resolution
to set forth the appropriate level for the public debt. Under clause
10(c)(1) of rule XVIII, it is not in order to consider an amendment to
the budget resolu

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tion that proposes to change the appropriate level for the public
debt. Reconciliation directives relative to changes in the public debt
may be included in the concurrent resolution on the budget under
section 310(a)(3) of the Budget Act.

Sec. 19 . Impoundments Generally

Executive Branch Authority; Types of Impoundments

The executive branch has no inherent power to impound appropriated
funds. In the absence of express congressional authorization to
withhold funds appropriated for implementation of a legislative
program, the executive branch must spend all the funds. Kennedy v.
Mathews, 413 F. Supp. 1240 (D.D.C. 1976); see also Train v. City of
New York, 420 U.S. 35 (1975). Accordingly, if the controlling statute
gives the officials in question no discretion to withhold the funds, a
court may grant injunctive relief directing that they be made
available. Kennedy, 413 F. Supp. 1245.
The impoundment of appropriated funds may be proposed by the
President pursuant to the Impoundment Control Act of 1974. Manual
Sec. 1130(6A). Two types of impoundments are referred to by this
statute: (1) rescissions, which are the permanent cancellation of
spending, and (2) deferrals, which impose a temporary delay in
spending. Sec. Sec. 1012, 1013 of the Impoundment Control Act; 2 USC
Sec. 681.
The Impoundment Control Act was enacted by Congress in an effort
to control the budgetary impoundment powers asserted by the President.
As the court noted in City of New Haven, Conn. v. United States, 634
F. Supp. 1449 (D.D.C. 1986), in the early 1970's the President began
to use impoundments as a means of shaping domestic policy, withholding
funds from various programs he did not favor. The legality of these
impoundments was repeatedly litigated, and by 1974, impoundments had
been vitiated in many cases. See, e.g., National Council of Community
Mental Health Centers, Inc. v. Weinberger, 361 F. Supp. 897 (D.D.C.
1973) (public health funds).

Sec. 20 . -- Rescissions

Under the Impoundment Control Act, the President may propose to
rescind all or part of the budget authority Congress has appropriated
for a particular program. To propose a rescission, the President must
send a special message to Congress detailing the amount of the
proposed rescission, the reasons for it, and a summary of the effects
the rescission would have on the programs involved. Sec. 1012(a) of
the Impoundment Control Act. Under the Act, Congress then has 45 days
within which to approve the proposed rescission by a ``rescission
bill'' that must be passed by both Houses.

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Sec. 1012(b) of the Impoundment Control Act. If the rescission bill
is not approved, the President must allow the full amount appropriated
to be spent. City of New Haven, Conn. v. United States, 634 F. Supp.
1449, 1452 (D.D.C. 1986).
The 45-day period prescribed by the Act applies only to the
initial consideration of the bill; the consideration of a conference
report on such a bill is subject only to the general rules of the
House relating to conference reports and is not prevented by the
expiration of the 45-day period following the initial consideration of
the bill. Manual Sec. 1130(6A).
The Impoundment Control Act sets forth detailed procedures
expediting and governing the consideration of a rescission bill
introduced under its provisions. Sec. 1017(a)-(c) of the Impoundment
Control Act. These procedures are rarely invoked in the modern
practice, and the ``rescission bill'' referred to in the Act is not
the only means by which the House may take action on such a matter.
The House may address the question through other legislation without
following the procedures set forth in section 1017 of the Impoundment
Control Act. 94-1, Mar. 25, 1975, p 8484.
Rescissions of prior appropriations are more often reported in
general appropriation bills, and the inclusion of rescission language
by the Committee on Appropriations is excepted from the prohibition
against provisions ``changing existing law'' under clause 2(b) of rule
XXI. See Manual Sec. Sec. 1038, 1043, 1052. However, this exception
does not extend to amendments or to the rescission of contract
authority provided by a law other than an appropriations Act. Manual
Sec. 1052.

Sec. 21 . -- Deferrals

Under section 1013(a) of the Impoundment Control Act of 1974, the
President must notify Congress of the proposed deferral of any budget
authority, the reasons for the deferral, the impact the deferral will
have on the programs involved, and ``any legal authority invoked to
justify the proposed deferral.'' 2 USC Sec. 684(a).
Until 1986 the Act was used frequently as the basis for
Presidential deferral proposals and for their consideration by the
Congress. Section 1013 of the Impoundment Control Act allows a
deferral to be overridden by a resolution of disapproval passed by
either House. Congress could reject the proposal by one-House veto or
in subsequent legislation. Today, the Congress may disapprove a
deferral only through the enactment of a law (often an appropriation
Act). It may not do so through a resolution of disapproval only by one
House under court rulings. Manual Sec. 1130.

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In 1986 a suit was brought to contest the validity of certain
deferrals proposed by the President under section 1013 of the
Impoundment Control Act. In November 1985, the President had signed
the fiscal year 1986 appropriations bill for the Department of Housing
and Urban Development, which appropriated funds for certain community
development programs. In February 1986, the President sent impoundment
notices to Congress pursuant to the Act announcing his deferrals of
the expenditure of funds for the programs at issue. The plaintiffs in
the suit included various cities, community groups, and Members of
Congress. The plaintiffs challenged as unconstitutional the provision
allowing a so-called one-House legislative veto of impoundments
proposed by the President, such vetoes having been declared
unconstitutional under the Supreme Court decision in Immigration and
Naturalization Service v. Chadha, 462 U.S. 919, 103 (1983). The
plaintiffs argued that the unconstitutional legislative veto provision
contained in section 1013 rendered the entire section invalid, leaving
the President without statutory authority on which to base the
deferrals in question. After analyzing the intent of Congress in
enacting section 1013, the District Court for the District of Columbia
held that the section's unconstitutional legislative veto provision
was inseverable from the remainder of the section. City of New Haven,
Conn. v. United States, 634 F. Supp. 1449 (D.D.C. 1986). Accordingly,
the court declared section 1013 void in its entirety and ordered the
defendants to make the deferred funds available for obligation. City
of New Haven, 634 F. Supp. 1460. The judgment of the District Court in
striking down section 1013 in its entirety was affirmed by the U.S.
Court of Appeals. City of New Haven, Conn. v. United States, 809 F.2d
900 (D.C. Cir. 1987).
In 1987, after section 1013 of the Impoundment Control Act was
declared unconstitutional, the Act was amended to exclude the one-
House legislative veto procedure, and limitations were placed on the
purposes for which deferrals could be made. Section 1013 of the
Impoundment Control Act now permits deferrals only in three specified
situations: ``to provide for contingencies,'' ``to achieve savings
made possible by or through changes in requirements or greater
efficiency of operations,'' or ``as specifically provided by law.''
The same language is used in the Anti-Deficiency Act. 31 USC
Sec. 1512(c)(1). The purpose of such language was to preclude the
President from invoking section 1013 as authority for implementing
``policy'' impoundments, while preserving the President's authority to
implement routine ``programmatic'' impoundments. City of New Haven,
Conn. v. United States, 809 F.2d 906 (note).

[[Page 211]]

Unreported Deferrals

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

Sec. 22 . Unfunded Mandates

The Unfunded Mandates Reform Act of 1995 added a new part B to
title IV of the Budget Act that imposes several requirements on
committees with respect to ``Federal mandates,'' establishes points of
order to enforce those requirements, and precludes the consideration
of a rule or order waiving such points of order in the House. 2 USC
Sec. Sec. 658-658g. Section 425 of the Budget Act establishes a point
of order against consideration of a bill, joint resolution, amendment,
motion, or conference report containing unfunded intergovernmental
mandates. Section 426(a) of the Budget Act establishes a point of
order against consideration of any rule or order that waives the
application of section 425. Points of order under sections 425 and
426(a) of the Budget Act are disposed of by the House voting on the
question of consideration. Manual Sec. 1127.
Section 426(b) of the Budget Act requires a Member raising a point
of order under section 425 to specify the precise language upon which
the point of order is based. 104-2, May 23, 1996, p 12283. Debate on
the point of order is on the question of consideration of the
underlying text that is the subject of the point of order. The Members
controlling debate on the point of order may reserve their time, and a
manager of a measure who controls time for debate against the point of
order has the right to close debate. A point of order under section
426 against consideration of a resolution providing a special order of
business that waives section 425 or self-executes the adoption of an
amendment must be made when the special order of business is called up
and comes too late after the resolution has been adopted. 104-2, July
18, 1996, p 17668. A point of order under section 425 against
consideration of a bill is properly raised pending the Speaker's
declaration that the House resolve into the Committee of the Whole for
such consideration. 105-1, Oct. 29, 1997, p 23712.

Sec. 23 . Earmarks

While only indirectly related to the congressional budget process,
the subject of earmarks has engendered special scrutiny in the House
in recent

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years. The House rules define a congressional earmark as ``a provision
or report language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator providing, authorizing, or
recommending a specific amount of discretionary budget authority,
credit authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure with or to
an entity, or targeted to a specific State, locality or Congressional
district, other than through a statutory or administrative formula-
driven or competitive award process.'' Clause 9(e) of rule XXI. This
clause also defines ``limited tax benefit'' and ``limited tariff
benefit'' which are treated in the same fashion as earmarks.
The House attempts to limit or restrict the use of earmarks
through the mechanism of a disclosure requirement. Clause 9(a) of rule
XXI provides for a point of order against consideration of bills and
joint resolutions (whether or not reported from committee),
``manager's'' amendments to bills or joint resolutions (offered at the
outset of consideration), or conference reports that do not comply
with the disclosure requirement. Clause 9(b) provides a similar point
of order for conference reports accompanying general appropriation
bills.
In each case, the disclosure required to be made is a list of all
congressional earmarks, limited tax benefits, and limited tariff
benefits contained in the measure, or, alternatively, a statement that
the measure contains no such earmarks, or tax or tariff benefits.
Depending on the measure at issue, such disclosure is required to be
made in the committee report (for reported bills or resolutions),
printed in the Congressional Record prior to consideration (for
unreported bills or joint resolutions), or contained in the joint
explanatory statement of managers (for conference reports).
Clause 9(c) of rule XXI provides a point of order against a
special order of business reported from the Committee on Rules that
waives the application of either clause 9(a) or 9(b) of rule XXI.
Disposition of this point of order is decided by the question of
consideration, which the Chair puts to the House when the point of
order is made. Such question of consideration is debatable for 20
minutes, with 10 minutes controlled by the Member raising the point of
order and 10 minutes controlled by a Member opposed. The question of
consideration is decided without intervening motion, except for one
motion that the House adjourn. This same procedure is followed with
respect to points of order made under clause 9(b) regarding conference
reports accompanying regular general appropriation bills. For a
further discussion of questions of consideration, see Question of
Consideration.
It is important to note that the disclosure requirement is
fulfilled by the mere presence of the disclosure statement in the
required document, whether that be a committee report, the
Congressional Record, or a joint statement

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accompanying a conference report. When ascertaining the validity of a
point of order under clause 9(a), the Chair consults the pertinent
document and notes the presence or absence of the required statement.
The Chair does not assess the accuracy or sufficiency of the required
earmark statement. See 110-1, May 10, 2007, pp 12190, 12191.
For additional precedents regarding the timing and application of
this rule, see Manual Sec. 1068d.

Sec. 24 . Recent Developments: The Budget Control Act of 2011

Generally

The Budget Control Act of 2011 was enacted on August 2, 2011. The
Act combined a series of budget control mechanisms with a proposal to
increase the limit of the public debt. The procedural aspects of the
Act included (1) the establishment of annual discretionary spending
caps over a ten-year period enforceable by a point of order and
sequestration; (2) altering the treatment for funding designated as
emergencies including protections for a motion to strike such a
designation; (3) requiring a vote in each body on a joint resolution
proposing a balanced budget amendment to the Constitution by a time
certain and providing expedited treatment of such a joint resolution
in the other body; (4) allowing for staged increases in the limit of
the public debt by the President with expedited procedures for joint
resolutions disapproving each increase; and (5) creation of a joint
select committee required to produce a measure by a date certain that
would achieve a specified amount of deficit reduction and which would
then be considered by each House on an expedited basis (with failure
to enact such legislation by such date resulting in automatic
sequestration).

Discretionary Spending Caps

The Budget Control Act of 2011 established annual discretionary
spending limits for security and non-security spending for a ten-year
period. The Act also mandated sequestration procedures to eliminate a
breach in either category. The Act also established a point of order
in section 314 of the Budget Act against any bill, joint resolution,
amendment, motion, or conference report that would cause the
discretionary spending caps to be exceeded.

Emergencies

The Budget Control Act of 2011 provided for new treatment in the
House for provisions containing amounts designated as an emergency.
Under the law, a provision contained in a reported bill or joint
resolution, or amendment thereto, or conference report thereon
providing new budget

[[Page 214]]

authority or outlays or reducing revenue and designated as an
emergency under Gramm-Rudman would be entitled to special scoring by
the chair of the House Committee on the Budget. Specifically, the
chair of the Committee on the Budget does not count the budgetary
effects of the provision under titles III and IV of the Congressional
Budget Act and the rules of the House. The Act also removes procedural
hurdles for a motion to strike an emergency designation under Gramm-
Rudman and attach thereto an accompanying across-the-board cut to
achieve budget neutrality. Specifically, a motion to strike an
emergency designation under Gramm-Rudman is not counted by the chair
of the Committee of the Budget for purposes of titles III and IV of
the Congressional Budget Act and the rules of the House. Such a
proposal to strike an emergency designation may also contain an
across-the-board cut that may be offered at any point in the reading
of a measure. These two steps obviate a point of order that striking
an emergency designation would increase the budget authority or reduce
revenues above or below enforceable levels and allow for an across-
the-board cut to address each account in the pending measure
regardless of how far the reading has progressed.

Balanced Budget Amendment

The Budget Control Act of 2011 provided for a vote in each body on
a joint resolution proposing a balanced budget amendment to the
Constitution by a date certain. The law required that each body vote
after September 30, 2011 and before December 31, 2011, on final
passage of a joint resolution with the title: ``Joint resolution
proposing a balanced budget amendment to the Constitution of the
United States.'' The Act also prescribed expedited procedures for
consideration of a qualifying joint resolution passed by the other
body.

Debt Limit Increases

The Budget Control Act of 2011 provided for incremental increases
in the debt limit by the President and expedited procedures for the
Congress to disapprove of those increases. The congressional
disapproval procedures for the debt limit increases were modeled on
those found in the Emergency Economic Stabilization Act of 2008 (Pub.
L. 110-343). Those procedures included an overall calendar day cap on
congressional consideration (including tolling in the event of a
veto), referral to the Committee on Ways and Means, a privileged
motion to discharge the committee after six calendar days,
unamendability in the committee and the full House, and a vote on
passage following two hours of debate.

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Joint Select Committee on Deficit Reduction

The Budget Control Act of 2011 provided for a Joint Select
Committee on Deficit Reduction composed of six Senators and six
Members of the House equally divided by party. The goal of the joint
committee was ``to reduce the deficit by at least $1.5 trillion over
the period of fiscal years 2012 to 2021.'' The joint committee was
required to report recommendations back to Congress and such product
of the committee would then be subject to expedited procedures in both
Houses. The Act provided that the joint committee terminate on January
31, 2012.

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CHAPTER 8
CALENDAR WEDNESDAY

HOUSE PRACTICE

Sec. 1. In General; Forms
Sec. 2. Business Considered on Calendar Wednesday
Sec. 3. -- In Committee of the Whole
Sec. 4. Privilege and Precedence of Calendar Wednesday Business
Sec. 5. The Call of Committees
Sec. 6. Calling Up Calendar Wednesday Business; Authorization
Sec. 7. The Question of Consideration
Sec. 8. Consideration and Debate
Sec. 9. Unfinished Business; Effect of Previous Question
Sec. 10. Dispensing with Calendar Wednesday
Research References
7 Cannon Sec. Sec. 881-971
Deschler Ch 21 Sec. 4
Manual Sec. Sec. 900, 901

Sec. 1 . In General; Forms

Under clause 6 of rule XV, the Calendar Wednesday rule, Wednesdays
are set apart for the consideration, pursuant to a call of committees,
of unprivileged bills on the House and Union Calendars. The Calendar
Wednesday procedure is utilized infrequently due to its cumbersome
operation and to the fact that unprivileged bills may be considered
more effectively pursuant to other procedures, such as a special order
of business from the Committee on Rules, suspension of the rules, or
unanimous consent. Deschler Ch 21 Sec. 4.
At the beginning of the 111th Congress, the Calendar Wednesday
rule was changed to require the committee chair, or other member
authorized by the committee, to announce an intention to request a
call of the committees. Absent such a request, the call of the
committee does not occur. This change obviated the need for weekly
unanimous-consent requests to waive the Calendar Wednesday rule, which
had become more frequent in modern practice. The Calendar Wednesday
rule does not apply during the last two weeks of a session. Manual
Sec. 900; Sec. 10, infra.

[[Page 218]]

Form

Speaker: Today is Calendar Wednesday, and the Clerk will call the
roll of those committees whose chair or other member authorized by
the committee has so requested.
Member (when the appropriate committee is called): M_. Speaker, by
direction of the Committee on _____, I call up H.R. ___.

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

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

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

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

Sec. 2 . Business Considered on Calendar Wednesday

Committees called under the Calendar Wednesday rule may call up
for consideration any unprivileged bill on either the House or the
Union Calendar but not on the Private Calendar. Manual Sec. 900;
Deschler Ch 21 Sec. 4. No priority is given to bills on the House or
the Union Calendar. 7 Cannon Sec. Sec. 938, 963.
The Calendar Wednesday procedure applies only to bills reported
from committee and not to amendments between the Houses or to
unreported bills. 98-2, June 28, 1984, p 19770. Another limitation of
clause 6 of rule XV is that it applies only to unprivileged public
bills. Manual Sec. 900. A privileged bill is ineligible for
consideration under the Calendar Wednesday rule, whether it is
reported from the floor or delivered to the Clerk. 7 Cannon Sec. 936.
Unprivileged bills given privileged status by unanimous-consent

[[Page 219]]

agreement or special order of business are ineligible for
consideration under the Calendar Wednesday procedure. 7 Cannon
Sec. Sec. 932-935.
The purpose of the Calendar Wednesday rule is to preserve that day
for the class of legislation specified by the rule--namely,
unprivileged bills. Manual Sec. 900. Committee reports on bills may be
filed on Calendar Wednesday, but they may not be called up for
consideration or other action on such days. 7 Cannon Sec. 907.
When Calendar Wednesday business is being considered under the
rule, it is not in order to:

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

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

Sec. 3 . -- In Committee of the Whole

When a bill on the Union Calendar is called up on Calendar
Wednesday, the House automatically resolves into the Committee of the
Whole without motion from the floor. Manual Sec. 901. When such a bill
comes up as the unfinished business on the next Calendar Wednesday
when the same committee can be recognized, the House automatically
resolves into the Committee of the Whole immediately without waiting
for the call; and debate is resumed from the point at which it was
discontinued on the previous Wednesday. 7 Cannon Sec. Sec. 940, 942,
966; Deschler Ch 21 Sec. 4.26.
On rejection by the House of a recommendation by the Committee of
the Whole for peremptory disposition of a bill under consideration on
Calendar Wednesday, the House automatically resolves into the
Committee of the Whole for its further consideration. 7 Cannon
Sec. 943.

[[Page 220]]

For a discussion of resolving into the Committee generally, see
Committees of the Whole.

Sec. 4 . Privilege and Precedence of Calendar Wednesday Business

No business in order on Calendar Wednesday may precede a properly
requested call of committees. Manual Sec. 900; 7 Cannon Sec. 881.
However, a motion to adjourn may interrupt the call of committees.
110-2, May 7, 2008, p 7996. Calendar Wednesday business is privileged
matter which may interrupt the daily order of business as specified in
rule XIV clause 1. Manual Sec. 871. It takes precedence over other
business privileged under the rules, but not over a veto message
privileged under the Constitution (Deschler Ch 21 Sec. 4.6), a
question of privilege (7 Cannon Sec. Sec. 908-911; Deschler Ch 21
Sec. 4.5), or the administration of the oath to Members (6 Cannon
Sec. 22). When the call of committees is completed on Calendar
Wednesday, business otherwise in order may be called up on that day. 7
Cannon Sec. 921.

The call of committees on Calendar Wednesday has precedence over:

The consideration of conference reports. 7 Cannon
Sec. Sec. 899-901.
The motion to go into Committee of the Whole to consider
revenue and appropriation bills. 7 Cannon Sec. 904.
Business on which the previous question is operating and
undisposed of at adjournment on the preceding day. 7 Cannon
Sec. 890.
The motion for change of reference to committees. 7 Cannon
Sec. Sec. 883, 884.
Privileged resolutions of inquiry. 7 Cannon Sec. 896.
Contested election cases. 7 Cannon Sec. 903.
Motions to reconsider. 7 Cannon Sec. 905.
Certain procedural propositions relating to impeachment. 7
Cannon Sec. 902.
Budget messages from the President. 7 Cannon Sec. 914.
Senate bills privileged because of similarity to a bill on the
House Calendar. 7 Cannon Sec. 906.
Unanimous-consent requests generally. 7 Cannon Sec. Sec. 882-
888.

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

Sec. 5 . The Call of Committees

Committees are called seriatim in the order in which they appear
in rule X, the call being limited to those duly-noticed committees
which have been elected. 7 Cannon Sec. Sec. 922, 923, 925. Select
committees with legislative jurisdiction are called after standing
committees. Deschler Ch 21 Sec. 4. When a committee is reached during
a Calendar Wednesday call of committees, it

[[Page 221]]

is ordinarily not in order to ask recognition for any purpose other
than to call up a bill for consideration. 6 Cannon Sec. 754.
During a call of committees under the rule, a committee may not
yield or exchange its order of rotation. 7 Cannon Sec. 927. Any
committee declining to proceed with consideration of a bill when
called on Wednesday loses that opportunity until again called in
regular order. 7 Cannon Sec. 926.

Sec. 6 . Calling Up Calendar Wednesday Business; Authorization

Generally

The Calendar Wednesday rule permits committees to call up
unprivileged bills from either the House Calendar or the Union
Calendar, provided that there has been compliance with other rules of
the House requiring that the measure and the report thereon be
available for three days prior to consideration. Manual Sec. Sec. 850,
900.
In addition to the notice requirement established in the 111th
Congress, Calendar Wednesday business may be called up only on formal
authorization by the reporting committee. 7 Cannon Sec. 929. Clause
2(b) of rule XIII, requiring the chair of each committee to take
necessary steps to bring reported measures to a vote, is sufficient
authority for the chair to call up a bill on Calendar Wednesday.
Deschler Ch 21 Sec. 4.16. However, any other committee member must
obtain specific authorization from the committee to call up a reported
bill on Calendar Wednesday. Manual Sec. 901; 4 Hinds Sec. 3128; 7
Cannon Sec. Sec. 928, 929. Committee authorization to a committee
member to ``use all parliamentary means to bring the bill before the
House'' is sufficient authorization to the member to call up the bill
on Calendar Wednesday. 8 Cannon Sec. 2217. Authority having been given
to one Member to call up a bill, another may not be recognized for
that purpose if objection is made. 7 Cannon Sec. Sec. 928, 929. Only
the Member authorized by the committee reporting the bill may call up
that bill on Calendar Wednesday. Deschler Ch 21 Sec. 4.12. It is
within the discretion of the committee to determine which member to
authorize to call up the bill. Deschler Ch 21 Sec. 4.15.

Withdrawal

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

Sec. 7 . The Question of Consideration

The question of consideration may be demanded on a bill called up
under the Calendar Wednesday rule. Deschler Ch 21 Sec. 4.18. The
question is properly raised after the Clerk has read the title of the
bill. Deschler Ch

[[Page 222]]

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

Sec. 8 . Consideration and Debate

In the House

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

In Committee of the Whole

The Calendar Wednesday rule allows not more than two hours of
general debate on any measure called up on Calendar Wednesday, to be
confined to the subject and to be equally divided between those
favoring and those opposing. Manual Sec. 900. This provision has been
construed as applying only in the Committee of the Whole. 7 Cannon
Sec. 955. The two hours permitted by the rule may be reduced by the
House by unanimous consent to one hour. 98-2, Jan. 25, 1984, pp 357,
358. However, time allotted for debate under the rule may not be
extended in the Committee of the Whole even by unanimous consent. 7
Cannon Sec. 959. When a bill previously debated by another means is
called up for the first time on Calendar Wednesday, consideration may
proceed in the Committee of the Whole as if there had been no previous
debate. 7 Cannon Sec. 954.
In recognizing Members to control the time in opposition to the
bill, the Chair recognizes minority members of the committee reporting
the bill in the order of their seniority on the committee. Deschler Ch
21 Sec. 4.24. They are entitled to prior recognition to oppose it, but
if no member of the committee rises to oppose it, any Member may be
recognized in opposition. 7 Cannon Sec. Sec. 958, 959. The bill is
read for amendment at the conclusion of

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an hour in favor of the bill if no one rises in opposition. 7 Cannon
Sec. Sec. 960, 961.

Amendments

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

Sec. 9 . Unfinished Business; Effect of Previous Question

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

Sec. 10 . Dispensing with Calendar Wednesday

Previously, it was possible by motion or unanimous consent to
dispense with Calendar Wednesday business. Before the 111th Congress,
Calendar Wednesday business was dispensed with routinely pursuant to a
request made by the Majority Leader the previous week. Beginning in
the 111th Congress, however, the call of the committees only occurs if
specifically requested by the chair or other authorized member of a
committee, obviating the need to dispense with such call.

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CHAPTER 9
CALENDARS

HOUSE PRACTICE

Sec. 1. In General; Kinds of Calendars
Sec. 2. Referrals to Calendars
Sec. 3. -- Erroneous Referrals
Sec. 4. Discharge From Calendars
Sec. 5. The Corrections Calendar
Research References
4 Hinds Sec. Sec. 3115-3118
7 Cannon Sec. Sec. 881-1023
Deschler Ch 22 Sec. Sec. 1, 2
Manual Sec. Sec. 828-830, 892, 898, 899

Sec. 1 . In General; Kinds of Calendars

Under clause 1 and rule XIII, the House maintains various
calendars to facilitate the scheduling and consideration of its
legislative business. These include:

The House Calendar. This calendar receives referrals of public
bills that do not raise revenue or directly or indirectly make
or require an appropriation of money or property. Manual
Sec. 828.
The Union Calendar. Measures belonging on the Union Calendar
are those on subjects that fall within the jurisdiction of the
Committee of the Whole. Deschler Ch 22 Sec. 2. Subjects that
must be considered in the Committee of the Whole are specified
in clause 3 of rule XVIII. Bills appropriating money or
property are referred to the Union Calendar. Manual
Sec. Sec. 828, 973. The same is true of bills authorizing an
undertaking by a governmental agency that will incur an expense
to the government, however small. 8 Cannon Sec. 2401.
The Private Calendar (to which are referred bills of a private
character). See Private Calendar.
The Discharge Calendar (to which are referred motions to
discharge committees). Manual Sec. Sec. 830, 892; see
Discharging Measures From Committees.

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

[[Page 226]]

Calendar Wednesday and the ``suspension calendar'' are not
legislative calendars. Calendar Wednesday refers to the procedure for
the call of committees on Wednesday for the consideration of
unprivileged bills on the House and Union Calendars. See Calendar
Wednesday. Bills listed on the leadership's ``suspension calendar''
are those intended to be taken up by motions to suspend the rules on
Mondays, Tuesdays, and Wednesdays. See Suspension of Rules.

Sec. 2 . Referrals to Calendars

Measures Reported Favorably

Bills that are favorably reported from a committee are referred to
the appropriate calendar under the direction of the Speaker unless
referred to other committees under clause 2 of rule XII. Manual
Sec. 816. Public bills favorably reported are referred either to the
Union Calendar or to the House Calendar. Deschler Ch 22 Sec. 2. Bills
reported without recommendation are also referred to the appropriate
calendar.
The reference of a bill to a particular calendar is governed by
the text of the bill as referred to committee, and amendments reported
by a committee are not considered in making this determination. 8
Cannon Sec. 2392.

Measures Reported Unfavorably

Bills and resolutions that are adversely reported from committee
are not referred to a calendar unless a request to that effect is made
by the committee or a Member. Deschler Ch 22 Sec. 1.1. Under clause
2(a)(2) of rule XIII, Members have three days in which to request such
a referral. Manual Sec. 832. Such request is normally communicated by
the committee to the Clerk at the time of reporting, although it also
may be made by a Member from the floor. Absent such a request, an
adversely reported measure is laid on the table. Manual Sec. 832.
Thereafter, it may be taken from the table and placed on the calendar
only by unanimous consent. 6 Cannon Sec. 750.
Privileged measures are excepted from the general rule that only
favorably reported bills are referred to a calendar. Adverse reports
on privileged resolutions (including resolutions of inquiry) are
referred to the proper calendar by the Speaker. 6 Cannon Sec. 411.

Measures Reported Improperly

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

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Sec. 3 . -- Erroneous Referrals

A bill that is on the wrong calendar is subject to a point of
order when it is called up for consideration. Manual Sec. 828; 6
Cannon Sec. Sec. 746, 747. Such a point of order is untimely if made
after consideration of the measure has begun. 7 Cannon Sec. 856.
The Speaker has general authority to correct an erroneous
reference of a reported bill to a calendar, and to transfer the bill
to the proper calendar. Manual Sec. 828; 7 Cannon Sec. 859. Thus, a
private bill erroneously referred to the Union Calendar may be
transferred to the Private Calendar by direction of the Speaker.
Manual Sec. 828. The transfer of the bill to the proper calendar may
be made effective as of the date of the original reference. Deschler
Ch 22 Sec. 1.2. The Speaker may correct such a reference at any time
before consideration of the bill begins and while the question of
consideration is pending. 6 Cannon Sec. 748. The authority of the
Speaker to correct a calendar reference does not apply where the
reference was made by the House itself. 6 Cannon Sec. 749.
An error in the referral of a bill to a calendar may also be
corrected pursuant to motion. Such a motion presents a privileged
question. 3 Hinds Sec. Sec. 2614, 2615. However, a mere clerical error
in the calendar, such as an incorrect date, does not give rise to such
a question. 3 Hinds Sec. 2616.

Sec. 4 . Discharge From Calendars

Although the Speaker has no specific authority under the House
rules to remove a reported bill from the Union Calendar, such a bill
may be discharged for reference to another committee pursuant to the
Speaker's general responsibility under clause 2 of rule XII to fashion
sequential referrals where appropriate. Manual Sec. 816. Section
401(b) of the Congressional Budget Act of 1974 and clause 4(a)(2) of
rule X give the Speaker discretionary authority to discharge a bill
from the Union Calendar and refer for 15 days to the Committee on
Appropriations bills reported by another committee providing certain
new entitlement authority. Manual Sec. Sec. 747, 1127.

Sec. 5 . The Corrections Calendar

The former Corrections Calendar (established in the 104th Congress
as a replacement for the Consent Calendar) was abolished in the 109th
Congress. Manual Sec. 898.

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CHAPTER 10
CHAMBER, ROOMS, AND GALLERIES

HOUSE PRACTICE

Sec. 1. In General; Use of the Hall
Sec. 2. Admission to the Floor
Sec. 3. Electronic Devices; Signals, Bells, and Clocks
Sec. 4. Galleries and Corridors
Sec. 5. Photographs; Radio and Television Coverage
Research References
5 Hinds Sec. Sec. 7270-7311
8 Cannon Sec. Sec. 3632, 3636-3643
Deschler Ch 4; Deschler-Brown Ch 29 Sec. 85
Manual Sec. Sec. 677-684

Sec. 1 . In General; Use of the Hall

The Hall of the House and unappropriated rooms in the House (rooms
not specifically assigned by action of the House) are under the
general control of the Speaker. Clause 3 of rule I; Manual Sec. 623.
Control of the appropriated rooms in the House wing is exercised by
the House itself. 5 Hinds Sec. Sec. 7273-7279. Resolutions assigning a
room to a committee have been considered as privileged. 5 Hinds
Sec. 7273.
Under clause 1 of rule IV, the Hall may be used only for (1) the
legislative business of the House; (2) caucus meetings of its Members,
including joint party caucuses; (3) ceremonies in which the House
votes to participate; and (4) classified briefings of Members, if
authorized by the Speaker, during recesses declared under clause 12 of
rule I. Manual Sec. Sec. 623, 677. In rare instances the House has
permitted the Hall to be used for ceremonial or special occasions. 8
Cannon Sec. 3632; Deschler Ch 4 Sec. Sec. 3.1, 3.4. However, a House
and Senate ceremony of religious reconciliation to be conducted in the
Hall of the House during a recess requires adoption of a concurrent
resolution by both Houses. See, e.g., 107-1, H. Con. Res. 184, Oct.
23, 2001, pp 20388-90 (never adopted by the Senate). Beginning in the
111th Congress, the Speaker has announced a policy that when the House
stands adjourned, its chamber remains on static display and shall not
be used for any proceedings that might be taken to carry the
imprimatur of the House. 111-1, Jan. 6, 2009, p __; 112-1, Jan. 5,
2011, p __.

[[Page 230]]

Disorderly or disruptive acts in the Capitol are unlawful, and
unauthorized demonstrations are prohibited by law. 40 USC
Sec. 5104(e)(2)(D). The unauthorized presence of persons on the floor
of either House or in the gallery of either House is prohibited. 40
USC Sec. 5104(e)(2)(B). Disorder in the House, see Consideration and
Debate.

Sec. 2 . Admission to the Floor

Generally

Clause 2 of rule IV enumerates those persons entitled to be
admitted to the floor or rooms leading thereto. Manual Sec. 678. Among
those who may be admitted to the Hall are Members and Members-elect of
Congress, the President and Vice President, Judges of the Supreme
Court, governors of States, heads of departments, foreign ministers,
contestants in election cases during the pendency of their cases on
the floor, one attorney for a Member-respondent during consideration
of a disciplinary resolution reported from the Committee on Ethics,
and other named officials. Manual Sec. 678. The term ``heads of
departments'' has been construed to mean members of the President's
Cabinet, and the term ``foreign ministers'' has been construed to mean
the representatives of foreign governments duly accredited to the
United States, and not necessarily those with the title of
``minister'' in their own parliaments. 5 Hinds Sec. 7283. The term
``contestants in election cases'' has been construed to include
challengers in an election contest, even though the challenger was not
a candidate in the election in which the sitting Member was reelected.
Deschler Ch 4 Sec. 4.5.
It is not in order to refer to persons temporarily on the floor of
the House as guests of the House, such as Members' children, other
children, or Senators exercising floor privileges. Manual Sec. 678.
Although Senators have floor privileges, they are not entitled to
address the House. Deschler Ch 4 Sec. 4.8.
The rule is strictly enforced during regular meetings. However,
the rule is less strictly enforced on ceremonial occasions (5 Hinds
Sec. 7290) or when the House is in recess during a joint meeting with
the Senate (Deschler Ch 4 Sec. 4). The rule is not applicable to joint
sessions of the two Houses. 5 Hinds Sec. 7292. The Speaker sometimes
announces guidelines for use of the chamber during a recess. During a
regular meeting, a point of order will lie to object to the presence
of any unauthorized persons. 92-2, June 21, 1972, p 21704. Under
clause 2(b) of rule IV, motions or unanimous-consent requests to
suspend the rule may not be entertained by the Speaker or by the chair
of the Committee of the Whole. 5 Hinds Sec. 7285.

[[Page 231]]

The Speaker has the authority to exclude an individual who abuses
the privileges of the floor. 5 Hinds Sec. 7288. An alleged abuse of
the privilege of the floor may be made the subject of an inquiry by a
special committee. 5 Hinds Sec. 7287.

Former Members

A former Member must observe the rules of proper decorum while on
the floor, and the Chair may direct the Sergeant-at-Arms to assist the
Chair in maintaining such decorum. Manual Sec. 622. The question of
banning a former Member engaged in indecorous behavior on the floor
gives rise to a question of the privileges of the House. Manual
Sec. 680. A former Member may not manifest approval or disapproval of
the proceedings. 8 Cannon Sec. 3635. For more information on floor
privileges of former Members, see Manual Sec. 680.
Although former Members, officers, and certain former employees
have access to the floor under clause 2 of rule IV, such individuals
are not entitled to the privileges of the floor, or rooms leading
thereto, if they (1) are a registered lobbyist or agent of a foreign
principal; (2) have a direct personal or pecuniary interest in
legislation under consideration in the House or reported by any
committee; or (3) represent any party or organization for the purpose
of influencing the disposition of legislation pending before the House
or reported by a committee or under consideration in a committee.
Manual Sec. 680. For a list of regulations issued by the Speaker under
this rule, see Manual Sec. 680.

Staff; Committee Clerks

Clause 2(a)(7) of rule IV permits on the floor staff of a
committee when business from their committee is under consideration
and no more than one person from the staff of a Member when that
Member has an amendment under consideration. This rule has been
interpreted by the Speaker to allow the presence on the floor of four
professional staff members and one clerk from a committee during
consideration of that committee's business and to require that such
individuals remain unobtrusively by the committee tables. Manual
Sec. 678. Clause 2(a)(7) of rule IV also permits on the floor staff of
the respective party leaderships when so assigned with the approval of
the Speaker. The privileges of the floor do not extend to departmental
employees assisting committees in the preparation of bills. 6 Cannon
Sec. 579. Where several committees are involved with a pending
measure, the rule permits authorized majority and minority staff (up
to five persons) from each committee. 97-1, June 26, 1981, p 14574.
Clerks other than those employed by a committee involved in the bill
under consideration are

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not entitled to the floor. Deschler Ch 4 Sec. 4. The Speaker has
announced an intention to strictly enforce the rule to prevent a
proliferation of staff on the floor and has required committee staff
to display staff badges when on the floor. Manual Sec. 678. Under
clause 5 of rule IV, and regulations promulgated by the Speaker
thereunder, staff on the floor are not permitted to pass out
literature or otherwise attempt to influence Members in their votes or
to applaud during debate. Manual Sec. 681.

Secret Sessions

Before a secret session of the House commences, the Speaker may
direct that the Chamber be cleared of all persons except Members and
those officers and employees, specified by the Speaker, whose
attendance on the floor is essential to the functioning of the
session. Clause 9 of rule XVII; Manual Sec. 969; Deschler-Brown Ch 29
Sec. 85. A point of order will not lie against the presence in the
Chamber of those persons whose attendance on the floor is permitted by
the Speaker's directive. Deschler-Brown Ch 29 Sec. 85.15; see
Consideration and Debate. Secret classified briefings of Members may
be permitted during recesses of the House declared by the Speaker
under clause 12 of rule I. Under clause 13 of rule XXIII, a Member,
officer, or employee must execute an oath of secrecy before having
access to classified material. Manual Sec. 1095.

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

Various electronic devices and computer services are used by the
House to expedite quorum calls and votes and for other purposes.
Manual Sec. Sec. 1012-1016. For example, a legislative bell and light
system alerts Members to quorum calls, the taking of certain votes,
and other occurrences on the floor. Manual Sec. Sec. 1014, 1016.
Changes in the system are announced by the Speaker from time to time.
The failure of the signal bells to announce a vote does not warrant
repetition of the record vote, nor does such a failure permit a Member
to be recorded following the conclusion of the call. Manual Sec. 1016;
8 Cannon Sec. Sec. 3153, 3155, 3157; see also Voting.
The use of a mobile electronic device on the floor of the House
that impairs decorum is prohibited under clause 5 of rule XVII, and
the Chair has admonished Members to disable wireless telephones on
entering the Chamber. The Chair has also announced that the use of
wireless telephones is not permitted in the gallery. Manual Sec. 962.
Microphones have been placed on the floor of the House for the use
of Members. A Member making an appropriate request should use one of
the floor microphones so that all Members may hear the request. 94-1,
Oct. 28, 1975, p 34027. A Member may speak at any microphone on the
floor.

[[Page 233]]

Manual Sec. 364. Clause 2 of rule I directs the Speaker to preserve
order and decorum in the House, and authorizes the Speaker to order
the microphones turned off if they are being utilized by a disorderly
Member who has not been properly recognized. Deschler-Brown Ch 29
Sec. 11.19.

Sec. 4 . Galleries and Corridors

Under clause 3 of rule I, control over the corridors leading to
the House Chamber is vested in the Speaker. Manual Sec. Sec. 622, 623.
The Speaker may order the corridors cleared during quorum calls and
the taking of votes to ensure unimpeded access to the Chamber. Manual
Sec. 623. Under clause 2 of rule I, the Speaker preserves order and
decorum in the galleries, and in the event of a disturbance, may order
the galleries cleared. Manual Sec. 622. The chair of the Committee of
the Whole may exercise similar power in preserving order in the
galleries. Manual Sec. 970.
Guests in the House gallery must maintain order and refrain from
manifestations of approval or disapproval of proceedings on the floor,
and admonitions may be expressed either by the Speaker or by the chair
of the Committee of the Whole. Deschler Ch 4 Sec. 5.6. Under clause 7
of rule XVII, it also is out of order to refer to visitors in the
galleries, even with permission to proceed out of order; and the
Speaker, sua sponte, may declare such remarks to be out of order.
Deschler Ch 4 Sec. Sec. 5.3, 5.4.

Sec. 5 . Photographs; Radio and Television Coverage

Photographs

Under the practice of the House, permission must be obtained
before photographs may be taken inside the House Chamber. Rules
regarding the taking of such pictures may be enforced by the Speaker.
Deschler Ch 4 Sec. 3.5 (note). Official photographs of the House while
in session may be permitted by resolution. See, e.g., 107-2, H. Res.
378, June 5, 2002, p 9285; 111-1, H. Res. 658, July 17, 2009, p __.

Media Coverage of Floor Proceedings

Prior to the 95th Congress, the rules and precedents of the House
did not permit public radio and television broadcasts of House
proceedings. In 1977, the House adopted a privileged resolution
reported from the Committee on Rules to provide a system of closed-
circuit viewing of House proceedings and for the orderly development
of a broadcasting system. Under rule V, the Speaker directs the audio
and visual broadcasting and recording of the proceedings of the House,
including periods of voting. Under this rule, broadcasts are made over
closed-circuit television in House offices and

[[Page 234]]

have been made available to the news media and to cable television
systems. Broadcasts made available under the rule may not be used for
political or commercial purposes. Manual Sec. 684.
In 1984, a question arose as to the authority of the Speaker to
require wide-angle television coverage of the House Chamber during
special-order speeches. In that instance, the Speaker's directive that
television cameras covering special-order speeches of the House at the
completion of legislative business include periodic wide-angle
coverage of the entire House Chamber was held to be consistent with
the authority conferred upon the Speaker under rule V. Manual
Sec. 684. Beginning in the 103d Congress, the Speaker has followed a
policy under which television cameras would not ``pan'' the Chamber
during morning-hour or special-order speeches. However, the Speaker
directed that a caption run at the bottom of the screen indicating the
conduct of morning-hour debate or to show that legislative business
has been completed for the day. Manual Sec. 684.
Although clause 2 of rule V requires complete and unedited
broadcast coverage of the proceedings of the House, it does not
require in-House microphone amplification of disorderly conduct by a
Member no longer under recognition. Deschler-Brown Ch 29 Sec. 11.19.

[[Page 235]]

CHAPTER 11
COMMITTEES

HOUSE PRACTICE

A. Generally; Establishing Committees

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

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

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

C. Committee Functions; Jurisdiction and Authority

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

D. Procedure in Committees

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

[[Page 236]]

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

E. Committee Reports

Sec. 28. In General
Sec. 29. Form and Contents of Report
Sec. 30. Comparative Prints; The Ramseyer Rule
Sec. 31. Printing; Referral to Calendars
Sec. 32. Supplemental, Minority, and Additional Views
Sec. 33. Filing Reports
Sec. 34. Calling Up; Time to Report
Sec. 35. Availability (``Layover'') Requirements
Sec. 36. Points of Order Relating to Reports
Research References
4 Hinds Sec. Sec. 4019-4703
7 Cannon Sec. Sec. 1721-2170; 8 Cannon Sec. Sec. 2171-2317
Deschler Ch 17
Manual Sec. Sec. 714-814, 816, 831-863

A. Generally; Establishing Committees

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

The Role of Committees

The committee system is as old as the House itself, having been
patterned after the English House of Commons, the colonial assemblies,
and the Continental Congress. Although during its first quarter
century the House relied primarily upon select committees and the
Committee of the Whole, the first standing committee dates from 1789.
The committees of the House play a prominent role at every stage
of the legislative process. As a general rule, proposed legislative
measures are referred to committees before receiving consideration in
the House itself. Manual Sec. 446. A committee may report a measure
with or without amendments (which may rewrite the measure entirely),
report adversely, or fail to

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report the measure at all. For a discussion of discharge procedures,
see Discharging Measures From Committees.
The role of the committee does not terminate with the reporting of
the bill to the House. When a bill reaches the floor, members of the
committee reporting it are entitled to priority in recognition for the
purpose of offering amendments, and general debate is generally under
the control of the chair and ranking minority member. See
Consideration and Debate and Amendments. Finally, members of the
reporting committees are often appointed by the Speaker to serve on
the conference committee to resolve differences between competing
forms of the bill. See Conferences Between the Houses.

Standing, Select, and Joint Committees Distinguished

House committees are of three distinct types: (1) standing
committees, whose members are elected by the House, (2) select
committees (also called special committees), whose members are
appointed by the Speaker, and (3) joint committees, whose members are
chosen according to the provisions of the statute or concurrent
resolution creating them. Variations of these three categories are
discussed in later sections.
Standing committees (created in the standing rules) receive bills
and other measures within their jurisdiction upon referral from the
Speaker. See Introduction and Reference of Bills. Select committees
are established (usually outside the standing rules) to consider a
particular matter or subject and may or may not have legislative
jurisdiction. A select committee often expires when it issues its
final report on the matter for which it was created. 4 Hinds
Sec. Sec. 4403-4405; see Sec. 12, infra. Joint committees take up
matters of concern to both Houses. See Sec. 14, infra.

Committee of the Whole Distinguished

The Committee of the Whole has been described as a committee of
the House, although it is not a committee in the customary sense. 4
Hinds Sec. 4706. The Committee of the Whole, unlike regular
committees, does not have a fixed membership. All Members of the House
may attend and participate in its deliberations under special rules
designed to encourage wide-ranging debate and to expedite legislation.
The Committee of the Whole itself has no power to authorize or appoint
a committee. 4 Hinds Sec. 4710. Because of its unique role in the
procedures of the House, the Committee of the Whole is addressed in a
separate chapter of this work. See Committees of the Whole.

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Conference Committees Distinguished

Conference committees are used primarily to resolve differences
between the House and Senate on measures that have passed the two
Houses and also are addressed in a separate chapter. See Conferences
Between the Houses.

Subcommittees

Standing committees may establish subcommittees to study
legislation, hold hearings, and make reports to the full committee.
With certain exceptions, clause 5(d) of rule X precludes a committee
from establishing more than five subcommittees. In addition to the
exceptions found in the rule itself, the House has occasionally made
further exceptions to that stricture. See, e.g., 107-1, H. Res. 5,
Jan. 3, 2001, p 26; 108-1, H. Res. 5, Jan. 7, 2003, p 11. Clause 5(d)
was adopted in the 104th Congress to replace a requirement that all
standing committees having more than 20 members establish at least
four subcommittees. Manual Sec. 762; see Sec. 11, infra.
Subcommittees have no power to report directly to the House,
absent specific authority to do so and are subject to the control of
the full committee. Manual Sec. 787. Other subunits of committees,
such as ``task forces,'' have no formal recognition or authority under
the standing rules of the House unless formally established by the
House. See, e.g., 102-2, H. Res. 258, Feb. 5, 1992, p 1621.

Commissions

Commissions are analogous to select committees in that they are
established to study a particular problem; but a commission is
distinguishable from a select committee in that its membership may
include private citizens, Members of the House and Senate, and
representatives from other branches of government. See, e.g., 94-2, H.
Res. 1368, July 1, 1976, p 21795 (creating the Commission on
Administrative Review); 6 USC Sec. 101 note (creating the National
Commission on Terrorist Attacks Upon the United States).

Duration of Committees

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

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creating them. Deschler Ch 17 Sec. Sec. 1, 5.5. Unless permanently
established, a select committee ceases to exist when it finally
reports in full on the subject committed to it but may be revived by
action of the House in referring a new matter to it. 4 Hinds
Sec. Sec. 4403-4405. A select committee that expires in one Congress
may be reconstituted in the next. Deschler Ch 17 Sec. 5.5. In one
instance, a select committee was reconstituted (and its existence
extended through subsequent resolution) solely for the purpose of
completing activities directly associated with the declassification
and public release of its report. Manual Sec. 1112a.
Joint committees established by statute remain in existence beyond
the Congress in which they were created unless otherwise provided,
although the members thereof must be chosen anew in each Congress.
Deschler Ch 17 Sec. 1.

Sec. 2 . Establishing Committees

Standing Committees

Standing committees are ordinarily established with the adoption
of the standing rules on opening day for a Congress. They also may be
subsequently established by a simple resolution reported from the
Committee on Rules, usually by way of amendment to the House rules.
Deschler Ch 17 Sec. Sec. 2.1, 2.3. For a discussion of adoption of
rules of a new Congress, see Assembly of Congress.
A resolution reported by the Committee on Rules during a Congress
establishing a new committee, changing the name or authority of a
committee, or abolishing a committee and transferring its jurisdiction
and records to another committee is called up as privileged and is
debatable under the hour rule in the House. Deschler Ch 17
Sec. Sec. 2.1, 2.4, 2.6.

Select Committees

Select committees are normally established by a resolution
reported from the Committee on Rules. Deschler Ch 17 Sec. Sec. 5.3,
5.5. However, in one instance, a select committee was created pursuant
to a floor amendment (offered to the Committee Reform Amendments of
1974). 93-2, H. Res. 988, Oct. 8, 1974, p 34470. In another instance,
a select committee was created as a separate order included in a
resolution adopting the standing rules of the House. 108-1, H. Res. 5,
Jan. 7, 2003, p 11. The House also has adopted a privileged resolution
reported from the Committee on Rules establishing a new select
subcommittee of a standing committee. 104-2, H. Res. 416, May 8, 1996,
p 10484. A select subcommittee of a standing committee has also been
created by an unreported resolution considered under a separate

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order included in a resolution adopting the standing rules of the
House. 110-1, H. Res. 35, Jan. 9, 2007, p 567. For a list of current
select committees, see Manual Sec. Sec. 1112a, 1112b.
A resolution creating a select committee may specify the
jurisdiction and powers of the select committee and may place it under
the authority of a standing committee. Deschler Ch 17 Sec. Sec. 5.2,
5.3; Sec. 12, infra.
A resolution creating a select committee is reported and called up
as privileged, because the Committee on Rules may report at any time
on rules, and the creation of such a committee is the equivalent of a
new rule. Manual Sec. 853; Deschler Ch 17 Sec. 5.1. If such a
resolution is not reported by the Committee on Rules, it is not
privileged, and unanimous consent or a special order of business
reported by the Committee on Rules is necessary to permit its
consideration. 95-1, Jan. 4, 1977, p 72. The Committee on Rules itself
may not report such a resolution as privileged if it contains
provisions outside the jurisdiction of the committee. Deschler Ch 17
Sec. 1.1 (note). However, if such a resolution is referred to another
committee for consideration of a provision that also is privileged,
both committees may report the resolution as privileged. See, e.g.,
102-1, H. Res. 258, Nov. 19, 1991, p 32903 (resolution contained a
provision funding the select committee from the ``applicable accounts
of the House'').

Special Ad Hoc Committees

Under the earlier practice of the House, special committees to
consider a particular matter could be established by way of a motion
or other proposition to refer. 4 Hinds Sec. Sec. 4401, 4402; 5 Hinds
Sec. Sec. 6633, 6634. Thus, the House could refer a message of the
President to a special committee to be appointed by the Speaker. At
the same time the House could instruct the committee and specify the
number of members to be appointed. 5 Hinds Sec. 6633. It was held in
this regard that the House need not refer to a special committee
already in existence but could refer to one to be subsequently
appointed. 5 Hinds Sec. 6634. An ad hoc select committee may be
established by a resolution called up as a question of the privileges
of the House. 102-2, H. Res. 431, Apr. 9, 1992, p 9029 (resolution
laid on the table); 110-1, H. Res. 611, Aug. 3, 2007, p 22769.
Special ad hoc committees may be established pursuant to clause
2(c) of rule XII. Under this rule, the Speaker has authority to refer
a matter to a special ad hoc committee appointed by the Speaker to
consider that matter and report thereon to the House. The appointment
must be made with the approval of the House and include members of the
committees having legislative jurisdiction. Pursuant to this
authority, the Speaker may, with the approval of the House, appoint a
special ad hoc committee to consider a par

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ticular measure, or a particular bill and similar subsequent bills. A
resolution authorizing the Speaker to take such action is privileged
when offered from the floor at the Speaker's request. Manual
Sec. 816b.

Joint Committees

Joint committees are created by law or by concurrent resolution.
Manual Sec. Sec. 1108-1112; Deschler Ch 17 Sec. 7; see Sec. 14, infra.
A joint committee may be created and vested with jurisdiction as one
part of a comprehensive bill or as the sole purpose of a joint
resolution. 6 Cannon Sec. 371; Deschler Ch 17 Sec. Sec. 7.4, 7.5. A
joint committee created by concurrent resolution must expire (unless
reconstituted) with the Congress in which it was created. 4 Hinds
Sec. 4409.
A concurrent resolution establishing a joint committee, if
reported by the Committee on Rules, is called up as privileged by that
committee. Deschler Ch 17 Sec. 7.1. However, such a resolution may not
be reported as privileged if it contains an authorization for
appropriations. Deschler Ch 17 Sec. 7.5. Debate on the resolution is
under the hour rule. Deschler Ch 17 Sec. 7.1.

Commissions

Commissions are ordinarily created by statute. See, e.g., the
Abraham Lincoln Bicentennial Commission (36 USC Sec. 101 (note)). They
may also be created by House resolution. See, e.g., the Commission on
Administrative Review, 94-2, H. Res. 1368, July 1, 1976, p 21795; the
House Democracy Partnership, 109-1, H. Res. 135, Mar. 14, 2005, p 4527
(re-established in succeeding Congresses); and the Tom Lantos Human
Rights Commission, 110-2, H. Res. 1451, Sept. 24, 2008, p __ (re-
established in succeeding Congresses).

Sec. 3 . Committee Expenses; Funding

Authorization for the payment of committee expenses for a
particular Congress is obtained pursuant to ``one primary expense
resolution'' for each committee (the Committee on Appropriations
excepted). Clause 6 of rule X. The request for such authorization is
made to the Committee on House Administration, which has jurisdiction
over such expenditures. Clause 1(k) of rule X. In recent years, the
Committee on House Administration has combined the individual
committee funding resolutions into a single resolution to expedite
consideration in the House. See, e.g., 112-1, H. Res. 147, Mar. 17,
2011, p __.
Authorization for the payment of additional committee expenses not
covered by the primary expense resolution may be obtained pursuant to
one or more ``supplemental expense resolutions.'' Clause 6(b) of rule
X.

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The primary and supplemental expense resolutions, are subject to a
one-calendar-day layover requirement. A supplemental expense
resolution that is not reported by the Committee on House
Administration may be considered by unanimous consent (subject to the
Speaker's guidelines for recognition of unanimous-consent requests).
107-2, H. Res. 359, Mar. 7, 2002, p 2738.
Funds for the Committee on Appropriations are appropriated by the
annual appropriation bill for the legislative branch.

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

Sec. 4 . In General; Membership and Seniority

Standing and Select Committees Distinguished

Until 1911, the members and the chairs of the standing and select
committees of the House were generally appointed by the Speaker,
although in rare instances a committee chose its own chair. See 4
Hinds Sec. 4524. Since 1911, standing committee chairs and members
have been elected by the House as part of a three-step procedure.
First, with certain exceptions, a selection committee--sometimes
called a committee on committees or a steering committee--of each
party caucus recommends candidates for committee assignments. Second,
the party caucus approves the recommendations of the selection
committee. Third, the House approves the recommendations of the
caucuses, which are brought before the House as privileged
resolutions. Clause 5(a)(1) of rule X; Manual Sec. Sec. 317, 757; 4
Hinds Sec. 4513; 8 Cannon Sec. 2201. The rules of the Democratic
Caucus and the Republican Conference may prescribe different
nomination procedures for certain committees. Furthermore, the Speaker
has retained the authority, under clause 11 of rule I, to appoint
Members to select committees. Manual Sec. 637.

Electing Chair

Pursuant to nominations submitted by the majority party caucus,
one member of each standing committee is elected as its chair at the
commencement of each Congress. Manual Sec. 761. A Member's service as
chair of the same committee (with the exception of the Committee on
Rules) is limited to three consecutive Congresses. Clause 5(c)(2) of
rule X. Nominations for chairs are submitted to the House for its
approval in the election resolution. Deschler Ch 17 Sec. 8.1. Such a
resolution is normally called up as privileged by the chair of the
majority party caucus, often as part of a resolution electing all
majority members to those committees. Deschler Ch 17 Sec. 8.7 (note).
For an example of a resolution electing only committee chairs, and one

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electing only ranking minority members, see 111-1, H. Res. 8 and H.
Res. 12, Jan. 6, 2009, p __, p __.
In the event of a permanent vacancy in the elected chair, the
House elects a successor pursuant to a privileged resolution. Manual
Sec. 761. This procedure is followed when a vacancy is created on a
standing committee by the death of its chair or after a chair has
resigned. Deschler Ch 17 Sec. Sec. 8.3, 8.5, 8.6. In the absence of
the chair, the member next in rank as named in the resolution electing
the committee acts as chair. Manual Sec. 761.
Where the chair is unable to carry out the responsibilities of the
position, the House may, in the election resolution, provide for a
delegation of powers and duties to an acting chair until further
ordered by the House. Manual Sec. 761. Similarly, the resolution
electing minority members to a committee may devolve the role of
ranking minority member to the next-senior minority member of a
standing committee (where the ranking minority member remained absent
due to physical infirmity). 105-2, H. Res. 369, Feb. 25, 1998, p 1967.

Election of Members

Resolutions electing Members to standing committees have
traditionally been offered from the floor and called up as privileged
at the direction of the party organization. 8 Cannon Sec. Sec. 2171,
2179, 2182. Each party's resolution, if adopted, elects en bloc those
Members from that particular party to the various standing committees.
Deschler Ch 17 Sec. 9.1. Such a resolution is not divisible under
clause 5(b)(1) of rule XVI. Manual Sec. 919. However, it is debatable
and subject to amendment until such time as the previous question is
ordered. 8 Cannon Sec. Sec. 2172, 2174.
Under clause 5(b)(1) of rule X, service on a standing committee is
contingent upon continuing membership in the nominating party caucus.
Such service automatically ceases upon termination of caucus
membership. Manual Sec. 760.
No Member may serve simultaneously as a member of more than two
standing committees or four subcommittees unless approved by the House
on recommendation of the caucus. Clause 5(b)(2) of rule X. A Member
may be removed from a committee by privileged resolution. See, e.g.,
109-2, H. Res. 872, June 16, 2006, p 11618.

Seniority

Committee seniority is shown by the order in which the Members'
names are listed in the election resolution. Deschler Ch 17 Sec. 11.1.
A resolution electing a Member to a committee may include the
designation of rank on the committee (Deschler Ch 17 Sec. 9.6) and may
be made effective retro

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actively (Deschler Ch 17 Sec. 9.16). A resolution may also alter the
rank among sitting committee members. See, e.g., 107-1, H. Res. 85,
Mar. 8, 2001, p 3295.

Sec. 5 . Numerical Composition of Committees; Party Ratios

Committee Size

Clause 5(a)(3) of rule X limits the size of only one standing
committee of the House, the Committee on Ethics, which is set at five
majority and five minority members. Manual Sec. 759. The sizes of
other committees of the House are negotiated by the Majority and
Minority Leaders at the direction of their respective party
organizations. Deschler Ch 17 Sec. 9. The size of each committee is
ultimately determined by the number of Members elected to each
committee pursuant to clause 5(a) of rule X. Manual Sec. 757.

Party Ratios

The allocation of majority party and minority party representation
on committees is normally determined through negotiations between the
majority and minority leadership. Historically, the party ratios on
most standing committees have tended to reflect the relative
membership of the two parties in the House as a whole. Deschler Ch 17
Sec. 9.4. Sometimes, however, the membership of a committee is equally
divided between the majority and minority parties where bipartisan
deliberations are considered essential. See, e.g., clause 5(a)(3) of
rule X, requiring the members of the Committee on Ethics to be five
from the majority party and five from the minority party.
Disproportionate party ratios on committees may also be traced to
the rules of the party caucus. Deschler Ch 3 Sec. 9. Moreover, some
House committees, such as the Committee on Rules and the Committee on
House Administration, have traditionally reflected disproportionate
ratios in favor of the majority party. See, e.g., 8 Cannon Sec. 2184.

Sec. 6 . The Chair's Role

The powers and duties of the full committee chairs are derived
from custom and from the rules of the House. The chair of a committee:

Presides over committee meetings. Manual Sec. 317.
Schedules meetings and hearings subject to rule XI.
Administers oaths to witnesses in hearings in the committee or
delegates that authority. Manual Sec. 805; 2 USC Sec. 191. In
one instance, the chair of an investigating committee
administered the oath to himself and testified. 3 Hinds
Sec. 1821.
May punish breaches of order and decorum by censure and
exclusion from hearings. Manual Sec. 803.

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Authorizes and issues subpoenas when the power to do so has
been delegated by the committee. Manual Sec. 805.
Fixes, within certain guidelines, the salaries of staff.
Manual Sec. 777.
Submits committee reports to the House, even if not concurring
therein. Clause 2(b)(1) of rule XIII; 4 Hinds Sec. Sec. 4670,
4671. However, a committee may order its report to be made by
some other member or even by a member of the minority party. 4
Hinds Sec. Sec. 4669, 4672, 4673.
Submits privileged reports to the House from the floor. Manual
Sec. 418.
Manages bills of the committee in the House under the
responsibility to take steps necessary to bring the measure or
matter to a vote. Such managerial status entitles the chair at
all stages to prior recognition for allowable motions intended
to expedite it. Manual Sec. 834; 2 Hinds Sec. Sec. 1452, 1457;
6 Cannon Sec. Sec. 296, 300.
Receives priority in recognition when Senate amendments to the
bill are debated. 2 Hinds Sec. 1452.

Sec. 7 . Committee Employees and Staff

The employment of committee staff is governed by clause 9 of rule
X (Manual Sec. Sec. 771-781) and by statute (see, e.g., 5 USC
Sec. Sec. 5315, 5316, setting permissible rates of staff pay).
The House rules place a limit on the number of professional staff
members which may be appointed to a standing committee (the Committee
on Appropriations excepted) and on the number of professional staff
members which may be selected by the minority. Manual Sec. Sec. 771-
774. The Committee on Appropriations is subject to a separate rule
permitting the appointment, in addition to a clerk and assistants for
the minority, of such staff as are determined by majority vote to be
necessary. Clause 9(d) of rule X.

C. Committee Functions; Jurisdiction and Authority

Sec. 8 . Legislative Jurisdiction

Generally; Referrals and Rereferrals

The legislative jurisdiction of each standing committee is
specified and defined by rule X. Manual Sec. Sec. 714-41. Areas of
legislative interest have been divided under rule X into distinct
subject matter classifications, with jurisdiction over each being
allocated to a standing or select committee. The Speaker refers bills
and other matters to committees pursuant to the jurisdiction of each
committee as defined by rule X, taking into account any relevant
precedents. Under clause 2 of rule XII, the Speaker is required to
refer a measure to more than one committee where it involves subject
matter assigned to different committees. Manual Sec. 816. Under clause
2(c)(1) of rule

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XII, the Speaker is required to indicate a primary committee of
jurisdiction (except where it is determined that extraordinary
circumstances justify review by more than one committee as though
primary). Additional committees of initial referral are listed after
the primary committee. The Speaker imposes time limits on the
additional committees once the primary committee reports. Clause 2(c)
of rule XII; Manual Sec. 816. Under clause 2 of rule XII, the Speaker
also may refer a measure sequentially to a committee upon reporting by
the committees of initial referral. The Speaker imposes time limits on
sequential referrals. For a discussion of referrals generally, see
Bills and Resolutions.
Rule X requires the Speaker to refer public measures in accordance
with its terms and gives some discretion to Members in referring
private bills. Manual Sec. Sec. 714, 818. However, the House itself
may refer bills to any committee without regard to the rules of
jurisdiction, and jurisdiction is thereby conferred. 4 Hinds
Sec. Sec. 4362-4364, 4375; 5 Hinds Sec. 5527; 7 Cannon Sec. Sec. 2105,
2131.
The committees, because they are created by the House, exercise no
authority or jurisdiction beyond that specifically conferred by the
rules or by special authorization of the House itself. 7 Cannon
Sec. 780. However, the House may confer jurisdiction on a committee by
the adoption of a special order of business from the Committee on
Rules. 7 Cannon Sec. 780. A bill may be originated by a committee
which has been given jurisdiction to do so by order or rule of the
House. 4 Hinds Sec. 3365. Jurisdictional authority, in addition to
that specified in rule X, may be vested in a committee pursuant to:

A resolution enlarging the jurisdiction of a committee or
authorizing it to study and report on a particular matter. 3
Hinds Sec. 1753.
A change in the rules of the House by adoption of a resolution
from the Committee on Rules. 91-2, July 8, 1970, p 32136.
A motion to rerefer or recommit.

The erroneous reference of a public bill, if it remains
uncorrected, gives the committee authority to report that measure. 4
Hinds Sec. Sec. 4365-4371; 7 Cannon Sec. 2108. However, such is not
the case with respect to a private bill unless the reference is made
by action of the House itself. 4 Hinds Sec. Sec. 3364, 4382-4391; 7
Cannon Sec. 2131.

Informal Agreements

Questions relating to the jurisdiction over a subject by two or
more committees are sometimes resolved pursuant to an informal
agreement or memorandum of understanding between the committees
involved. See, e.g., 96-2, Mar. 25, 1980, pp 6405, 6406, 6408-10
(memorandum of under

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standing among six different committees on energy measures); 104-1,
Jan. 4, 1995 (memorandum of understanding between two committees
concerning the budget process); 104-1, Jan. 30, 1995, p 2888
(memorandum of understanding between two committees concerning
jurisdiction over the merchant marine resulting from the dissolution
of the Committee on Merchant Marine and Fisheries); 110-1, Jan. 4,
2007, p 16 (memorandum of understanding between two committees
concerning jurisdiction over departments, agencies, and programs
relating to homeland security). Although these memoranda may explain
understandings, they may not alter explicit jurisdictional statements
in the rules. Committee reports often contain an exchange of letters
between committee chairs waiving a committee's claim to review a
particular bill, with the understanding that this surrender of
jurisdiction over the matter is not permanent. See, e.g., 106-2, H.
Rept. 106-616.

Points of Order; Erroneous Referrals

The Speaker's referral of a bill is not subject to a point of
order. Manual Sec. 825; 4 Hinds Sec. 4372; Deschler Ch 17
Sec. Sec. 26, 27.9. Under clause 7(a) of rule XII, a motion to correct
an erroneous reference is privileged if authorized either by the
committee to which the bill had been erroneously referred or by the
committee claiming jurisdiction. The motion is not debatable. Under
the modern practice, however, erroneous referrals are corrected by
unanimous consent. The Speaker may also sequentially refer a measure
(upon reporting by the committee of initial referral) to a committee
that was erroneously excluded from the initial referral.
The Speaker's standard phrasing for multiple referral of measures
is as follows: ``in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.'' As a
result, a committee may not mark up portions of a bill that fall
entirely outside the jurisdiction of the committee (though they may
mark up portions with shared jurisdiction). In a committee of
referral, a point of order lies against an amendment that falls
entirely outside the jurisdiction of the committee.

Sec. 9 . Oversight Jurisdiction

Generally

The oversight function of the House arises from its duty to
exercise continuous vigilance over the administration and execution of
the laws by the departments and agencies of the Federal government.
Legislative oversight as a continuing function was given to all
standing committees by the Legislative Reorganization Act of 1946,
which provided that each standing committee ``shall exercise
continuous watchfulness'' over administrative

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agencies, and by the Legislative Reorganization Act of 1970, which
required periodic reports by committees on their oversight activities.
Clause 2 of rule X requires the standing committees to exercise
general oversight. Manual Sec. Sec. 742, 743. In the 111th Congress,
clauses 2(n), (o), and (p) were added to rule XI, requiring committees
to hold hearings on ``waste, fraud, abuse, or mismanagement in
Government programs,''and related financial statement disclaimers by
agency auditors or Comptroller General reports.

General and Special Oversight Distinguished

The House rules impose both general and special oversight
responsibilities on standing committees. General legislative oversight
is performed by all standing committees, although special oversight
functions, under clause 3 of rule X, are given to certain standing
committees. Manual Sec. Sec. 742, 744. Additional budget and other
oversight-related functions are delineated in clause 4 of rule X.
Manual Sec. Sec. 745-756.

Sec. 10 . Investigative Jurisdiction and Authority

Standing Committees

Under clause 1(b) of rule XI, each standing committee is
authorized to conduct such investigations as it considers necessary or
appropriate in carrying out the jurisdictional responsibilities given
to it under rule X. Manual Sec. 788. To carry out its duties, each
committee and each subcommittee is authorized by clause 2(m) of rule
XI to hold hearings and to subpoena witnesses or compel the production
of documents. Manual Sec. 805. As to the issuance and enforcement of
subpoenas, see Sec. 24, infra.

Select or Joint Committees

Lacking general investigative authority, a select or joint
committee must be given specific authority to undertake an
investigation. Such authority may be given pursuant to:

A statute conferring investigative powers. See, e.g., 26 USC
Sec. 8022 (conferring investigative duties on the Joint
Committee on Internal Revenue Taxation).
A concurrent resolution. See, e.g., 102-2, H. Con. Res. 192,
Aug. 6, 1992, p 21961 (establishing the Joint Committee on the
Organization of Congress).
A standing rule of the House. See, e.g., clause 11 of rule X
(establishing the Permanent Select Committee on Intelligence).

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A simple resolution. See, e.g., 105-2, H. Res. 463, June 18,
1998, pp 12876-80, (establishing the Select Committee on U.S.
National Security and Military/Commercial Concerns with China);
110-1, H. Res. 202, Mar. 8, 2007, p 5797 (establishing the
Select Committee on Energy Independence and Global Warming).

Scope; Limitations

The investigative power that is exercised by the House through its
committees is inherent in the power to make laws. Watkins v. United
States, 354 U.S. 178 (1957). In so ruling, courts have reasoned, ``A
legislative body cannot legislate wisely or effectively in the absence
of information respecting the conditions which the legislation is
intended to affect or change.'' McGrain v. Daugherty, 273 U.S. 135
(1927); Eastland v. United States Servicemen's Fund, 421 U.S. 491
(1975).
This investigative power encompasses inquiries concerning the
administration of existing laws and the need for proposed legislation.
It extends to studies of social, economic, or political problems, and
probes departmental corruption, inefficiency, or waste at the Federal
level. Watkins, 354 U.S. 178. Although broad, this power of
investigation is not unlimited. It may be exercised only in aid of the
``legislative function.'' Kilbourn v. Thompson, 103 U.S. 168 (1881).
It is said that Congress has no general power to inquire into private
affairs and that the subject of inquiry must be one ``on which
legislation could be had.'' McGrain, 273 U.S. 135.
Since 1952, the courts have declined to presume the existence of a
legislative purpose and have narrowly construed resolutions granting
authority to committees to conduct investigations. United States v.
Rumely, 345 U.S. 41 (1952). The investigative power cannot be used to
expose merely for the sake of exposure or to inquire into matters
which are within the exclusive province of one of the other branches
of government or which are reserved to the States. Deschler Ch 15
Sec. 1.
A further requirement for the validity of a committee
investigation is that it must have been expressly or implicitly
authorized in accordance with congressional procedures. Deschler Ch 15
Sec. 1. Thus, the courts have refused to convict a witness for
contempt arising out of a subcommittee investigation where that
investigation had not been approved by a majority of the parent
committee, as was required by the committee rule. Gojack v. United
States, 384 U.S. 702 (1966).
The courts will not look to the motives which may have prompted a
congressional investigation. Watkins, 354 U.S. 178. The courts also
will not question the wisdom of the investigation or its methodology.
Doe v. McMillan, 412 U.S. 306 (1973). The very nature of the
investigative function is

[[Page 250]]

such that it may take the searchers up some ``blind alleys'' and into
nonproductive enterprises. The validity of a legislative inquiry is
not contingent on a predictable end result. Eastland, 421 U.S. 491.

Obstructing Committee Investigation

A Federal statute provides criminal penalties for those who
corruptly influence, obstruct, or impede ``due and proper''
congressional inquiry. 18 USC Sec. 1505. Indictments under Sec. 1505
have been upheld despite contentions that the committee violated its
own rules and those of the House. United States v. Poindexter, 725 F.
Supp. 13 (D.D.C. 1989); United States v. Mitchell, 877 F.2d 204 (4th
Cir. 1989).

Sec. 11 . Standing Committees

Standing committees were not used extensively during the earliest
Congresses. It was the general practice of the House to refer matters
to a Committee of the Whole to develop the primary objectives of a
proposal, and then to commit such matters to select committees to
draft specific bills.
At the start of the 19th century, standing committees began to
proliferate. By mid-century the House had 34 standing committees, and
by 1900 it had 58. Subsequent additions raised the number of standing
committees to 61 by 1905. However, in the 1920's the House
consolidated numerous committees and again vested in the Committee on
Appropriations jurisdiction over all general appropriation bills. 7
Cannon Sec. 1741. Further reductions in the number of committees in
the House were made by the Legislative Reorganization Act of 1946 (60
Stat. 812). By dropping relatively inactive committees and by merging
those with similar functions and jurisdiction, the Act reduced the
total number of standing committees in the House from 44 to 19.
Between 1946 and 1995, this number fluctuated only slightly with minor
additions and consolidation.
In 1995 the House again reorganized its committee system,
reestablishing the number at 19 by abolishing three committees and
altering the jurisdiction of several others. 104-1, H. Res. 6, Jan. 4,
1995, p 462. Under clause 5(d) of rule X, a standing committee may
have no more than five subcommittees. However, clause 5(d) excepts
from that stricture (1) a committee that maintains a subcommittee on
oversight, which may have six subcommittees; (2) the Committee on
Appropriations, which may have 13 subcommittees; and (3) the Committee
on Oversight and Government Reform, which may have seven
subcommittees. Manual Sec. 762. The House has occasionally excepted
other committees from that stricture. See, e.g., 107-1, H. Res. 5,
Jan. 3, 2001, p 26; 108-1, H. Res. 5, Jan. 7, 2003, p 11.

[[Page 251]]

In the 109th Congress, the House established a Committee on
Homeland Security as a standing committee, replacing a prior select
committee. Corresponding changes were made to the jurisdictions of the
Committees on the Judiciary, Transportation and Infrastructure, and
Ways and Means. The Speaker announced that referrals to the prior
select committee would not constitute precedent for referrals to the
standing committee. 109-1, Jan. 4, 2005, p 71.
The standing committees of the House, with their antecedent
committees, are shown in the following table. This table provides
citations to relevant statutes or precedents and to the authority for
legislative jurisdiction and/or oversight functions, where applicable.

Standing Committees (112th Cong.)
Jurisdiction, Oversight Function, and Antecedents
------------------------------------------------------------------------
Standing Committees (112th Cong.) Antecedent Committees
------------------------------------------------------------------------
Agriculture
Established 1820; 4 Hinds Sec.
4149
Legislative jurisdiction,
Manual Sec. 715
Oversight functions, Manual
Sec. Sec. 742, 755, 756

Appropriations
Established 1865; 4 Hinds Sec. Ways and Means (in part), 1802
4032
Legislative jurisdiction,
Manual Sec. 716
Oversight and additional
functions, Manual Sec. Sec.
744-747, 755, 756

Armed Services
Established 1947; 60 Stat. 812 Military Affairs, 1822
Legislative jurisdiction, Naval Affairs, 1822
Manual Sec. 718 Militia, 1835
Oversight and additional Atomic Energy (Joint Committee), 1946
functions, Manual Sec. Sec.
742-744, 755, 756
Formerly known as ``National
Security'' 1995, Manual Sec.
718

Budget
Established 1974; 88 Stat. 299
Legislative jurisdiction,
Manual Sec. 719
Oversight functions, Manual
Sec. Sec. 742-744, 748, 756

[[Page 252]]

Education and the Workforce
Established 1947; 60 Stat. 812 Education, 1867
Legislative jurisdiction, Labor, 1883
Manual Sec. 720
Oversight functions, Manual
Sec. Sec. 742-744, 755, 756
Formerly known as ``Education
and Labor'' 1947, ``Economic
and Educational
Opportunities'' 1995,
``Education and the
Workforce'' 1997, ``Education
and Labor'' 2007, Manual Sec.
720

Energy and Commerce
Established 1795; 4 Hinds Sec. Commerce and Manufacturers, 1795
4096
Legislative jurisdiction, Coinage, Weights and Measures, 1867
Manual Sec. 721
Oversight functions, Manual Atomic Energy (Joint Committee), 1946
Sec. Sec. 742-744, 755, 756
Formerly known as ``Interstate
and Foreign Commerce'' 1892,
``Commerce and Health'' 1975,
``Interstate and Foreign
Commerce'' 1975, ``Energy and
Commerce'' 1980, ``Commerce''
1995, Manual Sec. 721

Ethics
Established 1967; 90-2, H. Res. Standards and Conduct (Select
418 Committee), 1966
Legislative jurisdiction, Ethics (Select Committee), 1977
Manual Sec. Sec. 721b, 721c
Oversight functions, Manual
Sec. 742
Formerly known as ``Standards
of Official Conduct'' 1967,
Manual Sec. 721b

Financial Services
Established 1865; 4 Hinds Sec.
4082
Legislative jurisdiction,
Manual Sec. 722
Oversight and additional
functions, Manual Sec. Sec.
742, 743, 755, 756

[[Page 253]]

Formerly known as ``Banking and .....................................
Currency'' 1865, ``Coinage,
Weights and Measures'' 1867,
``Banking, Currency and
Housing'' 1974, ``Banking,
Finance and Urban Affairs''
1977, ``Banking and Financial
Services'' 1995, Manual Sec.
722

Foreign Affairs
Established 1822; 4 Hinds Sec. Atomic Energy (Joint Committee), 1946
4162
Legislative jurisdiction,
Manual Sec. 723
Oversight functions, Manual
Sec. Sec. 742-744, 755, 756
Formerly known as ``Foreign
Affairs'' 1822,
``International Relations''
1975, ``Foreign Affairs''
1979, ``International
Relations'' 1995, Manual Sec.
723

Homeland Security
Established 2005 Homeland Security (Select Committee),
Legislative jurisdiction, 2002
Manual Sec. Sec. 723a, 723b Homeland Security (Select Committee),
Oversight and additional 2003
functions, Manual Sec. Sec.
742-744, 755, 756

House Administration
Established 1947; 60 Stat. 812 Enrolled Bills, 1789
Legislative jurisdiction, Elections, 1794, 1895
Manual Sec. Sec. 724-728 Accounts, 1805
Oversight and additional Mileage, 1837
functions, Manual Sec. Sec. Printing, 1846
742, 743, 750-756 Disposition of Executive Papers, 1889
Formerly known as ``House Ventilation and Acoustics, 1893
Oversight'' 1995, Manual Sec. Memorials, 1929
724

Judiciary
Established 1813; 4 Hinds Sec. Claims, 1794
4054
Continued, 1947, 60 Stat. 812 Patents, 1837

[[Page 254]]

Legislative jurisdiction, Revision of the Laws, 1868
Manual Sec. Sec. 729, 730 War Claims, 1883
Oversight functions, Manual Immigration and Naturalization, 1893
Sec. Sec. 742, 743, 755, 756 Internal Security, 1969

Natural Resources
Established 1805; 4 Hinds Sec. Private Land Claims, 1816
4194
Legislative jurisdiction, Indian Affairs, 1821
Manual Sec. 731
Oversight functions, Manual Territories, 1825
Sec. Sec. 742-744, 755, 756 Mines and Mining, 1865
Formerly known as ``Public Merchant Marine and Fisheries (in
Lands'' 1805, ``Insular part), 1887
Affairs'' 1899, ``Interior and Irrigation of Arid Lands, 1893
Insular Affairs'' 1951, Atomic Energy (Joint Committee), 1946
``Natural Resources'' 1993,
``Resources'' 1995, Manual
Sec. 731

Oversight and Government Reform
Established 1927; 7 Cannon Sec. District of Columbia, 1808
2041
Legislative jurisdiction, Public Expenditures, 1814
Manual Sec. 732
Oversight and additional State, Treasury, War, Navy, and Post
functions, Manual Sec. Sec. Office, 1816
742-744, 749, 755, 756
Formerly known as Justice, 1874
``Expenditures in the Agriculture, 1889
Executive Departments'' 1927, Commerce and Labor, 1905
``Government Operations'' Post Office and Civil Service, 1947
1952, ``Government Reform and
Oversight'' 1995, ``Government
Reform'' 1999, Manual Sec.
732

Rules
Established 1880; 4 Hinds Sec. Rules (Select Committee), 1789
4321
Mandated by law, 1947, 60 Stat.
812
Legislative jurisdiction,
Manual Sec. Sec. 733, 734
Oversight functions, Manual
Sec. Sec. 742-744, 756

[[Page 255]]

Science, Space, and Technology
Established 1958; 85-2, H. Res. Merchant Marine and Fisheries (in
496 part), 1887
Legislative jurisdiction, Atomic Energy (Joint Committee), 1946
Manual Sec. 735 Astronautics and Space Exploration
Oversight functions, Manual (Select Committee), 1958
Sec. Sec. 742-744, 755, 756
Formerly known as ``Science and
Astronautics'' 1958, ``Science
and Technology'' 1975,
``Science, Space, and
Technology'' 1987, ``Science''
1995, ``Science and
Technology'' 2007, Manual Sec.
735

Small Business
Established 1975; 93-2, H. Res. Small Business (Select Committee),
988 1941
Legislative jurisdiction,
Manual Sec. 736
Oversight functions, Manual Small Business (Permanent Select
Sec. Sec. 742-744, 755, 756 Committee), 1971

Transportation and Infrastructure
Established 1947; 60 Stat. 812 Public Buildings and Grounds, 1837
Legislative jurisdiction, Mississippi Levies, 1875
Manual Sec. 739
Oversight functions, Manual Rivers and Harbors, 1883
Sec. Sec. 742, 743, 755, 756 Merchant Marine and Fisheries (in
Formerly known as ``Public part), 1887
Works and Transportation'' Roads, 1913
1975, Manual Sec. 739 Flood Control, 1916

Veterans' Affairs
Established 1947; 60 Stat. 812 Pensions and Revolutionary Claims,
Legislative jurisdiction, 1813
Manual Sec. 740
Oversight functions, Manual Revolutionary Pensions, 1825
Sec. Sec. 742, 743, 755, 756 Invalid Pensions, 1831
World War Veterans' Legislation, 1924

Ways and Means
Established 1802; 4 Hinds Sec. Ways and Means (Select Committee),
4020 1789
Legislative jurisdiction,
Manual Sec. 741
Oversight functions, Manual
Sec. Sec. 742, 743, 755, 756
------------------------------------------------------------------------

[[Page 256]]

Sec. 12 . Select Committees

Select (or special) committees were used extensively by the House
during the early Congresses. In the Jeffersonian era, it was common
practice to refer each proposal to a select committee created to draft
the appropriate legislative language for the measure. Manual Sec. 401.
By the Third Congress, 350 select committees had been named. However,
as standing committees came to be recognized as the most appropriate
forum for the development of legislation, the use of select committees
declined steadily. By the 23d Congress, the number of select
committees had been reduced to 35. By the 106th Congress, only the
Permanent Select Committee on Intelligence remained. Clause 11 of rule
X; Manual Sec. 1112a. A select committee identified as permanent is
reconstituted in each Congress upon adoption of the rules of the
House. Select committees have been established with oversight
jurisdiction only (for example, the Select Committee on Energy
Independence and Global Warming. Manual Sec. 1112c).
In the modern era, select committees are created primarily to
investigate conditions or events. As pointed out elsewhere, all
committee investigations must be undertaken in furtherance of a
constitutionally assigned function of Congress. Deschler Ch 15 Sec. 1;
see Sec. 10, supra.
Select committees have also been created to study and report on
matters with a view toward legislative action. Most select committees
of this type lacked authority to report legislation. Instead, they
were directed to assess the adequacy of existing laws and, if
necessary, to make legislative recommendations. However, several
select committees have been empowered to report legislation directly
to the House. Deschler Ch 17 Sec. 6. For example, the Select Committee
on Homeland Security was required to report to the House its
recommendations on a bill establishing a Department of Homeland
Security. In making its recommendation, the select committee was
required to take into consideration recommendations by each committee
to which such bill was initially referred. 107-2, H. Res. 449, June
19, 2002, p 10722. In the 108th Congress, the House established a
successor to the Select Committee on Homeland Security, granting it
jurisdiction over matters relating to the Homeland Security Act of
2002 (the law enacted on the recommendation of the predecessor select
committee). In the 109th Congress, the Committee on Homeland Security
became a standing committee of the House. For further discussion on
the establishment of select committees, see Guidelines for the
Establishment of Select Committees, Committee on Rules, 98-1,
February, 1983.
Finally, select committees have been created to supervise certain
routine housekeeping functions; for example, the Select Committee on
the House

[[Page 257]]

Beauty Shop (95-1, H. Res. 1000), the Select Committee on the House
Recording Studio (Pub. L. 84-624), the Select Committee on the House
Restaurant (95-1, H. Res. 472), and the Select Committee to Regulate
Parking on the House Side of the Capitol (95-1, H. Res. 282).

Sec. 13 . -- Particular Uses of Select Committees

The House has established more than 20 select committees since
passage of the Legislative Reorganization Act of 1946. The table below
identifies some of these committees for purposes of illustration. The
table shows these committees by name (or paraphrase thereof), dates of
creation and termination, and authority, including legislative
authority. With the two exceptions noted--Campaign Expenditures and
Small Business--the table excludes those committees existing before
1947 which were subsequently reconstituted.

Select Committees
------------------------------------------------------------------------
Jurisdiction--Investigative Reporting
Committee Authority Authority
------------------------------------------------------------------------
Aging
Established Problems of the older American; To report
Jan. 3, 1975; income maintenance, housing, and annually to the
93-2, H. Res. health; welfare programs House; no
988 legislative
Terminated Jan. authority
5, 1993,
Manual Sec.
784

Astronautics and
Space
Exploration
Established All aspects and problems relating To report to the
Mar. 25, 1958; to the exploration of outer space; House, by bill
85-2, H. Res. resources, personnel, equipment, or otherwise
496 and facilities; legislation
Terminated July
21, 1958;
became
standing
Committee on
Science and
Astronautics

Assassinations
Established Circumstances surrounding the death To report to the
Sept. 17, of John F. Kennedy and the death House on the
1976; 94-2, H. of Martin Luther King, Jr. result of its
Res. 1540 investigation
Terminated Jan. (see H. Rept.
3, 1979 95-1828); no
legislative
authority

[[Page 258]]

Campaign
Expenditures
Established May Election disputes; electoral fraud; Reporting
29, 1928; 70- excessive campaign expenditures of authority
1, H. Res. 232 Presidential or congressional varied from
Reestablished candidates Congress to
by each Congress
Congress
through 92-2

Chemicals,
Pesticides, and
Insecticides
Affecting Foods
Established Chemicals, compounds, and To report to the
June 20, 1950; synthetics in the production of House on its
81-2, H. Res. food products; health factors; the investigation
323 agricultural economy; toxic with
Terminated Jan. residues; effect on soil and recommendations
3, 1953 vegetation for legislation
(see H. Rept.
82-2182); no
legislative
authority

Children, Youth
and Families
Established Income maintenance; health; To report to the
Sept. 29, nutrition; education; welfare; House on the
1982, 97-2, H. employment results of its
Res. 421 investigations;
Reestablished no legislative
by each authority
Congress
through 102-2.

Committees
Established Rules X and XI of the rules of the To report to the
Jan. 31, 1973; House; committee structure; number House by bill,
93-1, H. Res. and size of committees; resolution, or
132 jurisdiction; committee procedure; otherwise (see
Terminated Dec. meetings, staffing, and facilities H. Rept. 96-
20, 1974; 866)
reestablished
1979; 96-1, H.
Res. 118;
records
transferred to
Committee on
Rules, Apr. 1,
1980

[[Page 259]]

Communist
Aggression
Established Seizure of Latvia and Estonia by To report to the
July 27, 1953; the U.S.S.R.; treatment of the House on its
83-1, H. Res. Baltic peoples during this period study together
346 with
Terminated Dec. recommendations
31, 1954 (see H. Rept.
83-2650); no
legislative
authority

Congressional
Operations
Established Organization and operation of the To report
Mar. 28, 1977; U.S. Congress; cooperation between recommendations
95-1, H. Res. the Houses; relationship with on subjects
420 other branches of government specified (see
Terminated Jan. H. Rept. 95-
3, 1979 1843); no
legislative
authority

Congressional
Pages
Established General welfare and education of To report on the
Sept. 30, congressional pages results of its
1964; 88-2, H. investigations
Res. 847 (see H. Rept.
Terminated Jan. 88-1945); to
4, 1965 make
recommendations

Covert Arms
Transactions
with Iran
Established Investigation of the ``Iran-Contra To report on the
Jan. 7, 1984; affair''; met jointly with Senate results of its
100-1, H. Res. Select Committee investigations
12 (see H. Rept.
Terminated Nov. 100-433)
13, 1987

Crime
Established May All aspects of crime in the United To report on its
1, 1969; 91-1, States; its elements, causes, and investigation
H. Res. 17 extent; reciprocity of with
Terminated June information; urban crime recommendations
30, 1973 (see H. Rept.
93-358); no
legislative
authority

[[Page 260]]

Energy
Established Message of the President dated Apr. To report to the
Apr. 21, 1977; 20, 1977, and other communications House by bill
95-1, H. Res. relating thereto; bills or or otherwise
508 resolutions sequentially referred (see H. Rept.
Terminated Jan. thereto 95-543)
3, 1979;
jurisdiction
transferred to
Energy and
Commerce, 97th
Cong.

Energy
Independence and
Global Warming
Established To investigate reducing U.S. To report on
Mar. 8, 2007; dependence on foreign sources of policies,
110-1, H. Res. energy and reducing activities strategies, and
202 that contribute to climate change new
Terminated Jan. and global warming. technologies
3, 2011 related to its
investigations

Ethics -
Standards and
Conduct of
Members
Established Rules or regulations necessary or To make
Oct. 19, 1966; desirable to ensure proper recommendations
89-2, H. Res. standards of conduct by Members to the House by
1013 and by officers or employees of report or
Terminated Dec. the House; reporting of statutory resolution
27, 1966; violations
standing
Committee on
Standards of
Official
Conduct (now
Ethics)
created Apr.
13, 1967

Ethics
Established Certain bills and resolutions To report to the
Mar. 9, 1977; relating to ethical standards of House on the
95-1, H. Res. Members contained in standing measure
383 rules; regulations relating specified (see
Terminated Jan. thereto; advisory opinions H. Rept. 95-
3, 1979 1837); to
report
regulations; to
recommend
legislation

[[Page 261]]

Ethics
Established Continue investigation of a Member To resolve the
Jan. 7, 1997; by the Committee on Standards of inquiry and
105-1, H. Res. Official Conduct (now Ethics), report to the
5 begun in the prior Congress House (see H.
Terminated Jan. Rept. 105-1; H.
21, 1997 Res. 31)

Export Controls
Established The Export Control Act of 1949; To report on its
Sept. 7, 1961; assessment of accomplishments investigation
87-1, H. Res. under that Act; improvements in together with
403 administration and enforcement; any
Terminated May congressional oversight recommendations
31, 1962 (see H. Rept.
87-1753); no
legislative
authority

Foreign Aid
Established Basic needs of foreign nations and To report to the
July 22, 1947; peoples; relief in terms of food House as deemed
80-1, H. Res. and clothing; resources and appropriate; no
296 facilities; agencies legislative
Terminated May authority
3, 1948

Government
Research
Established Research programs of Federal To report its
Sept. 11, agencies; expenditures for findings to the
1963; 88-1, H. research programs; costs of House with
Res. 504 government research recommended
Terminated Jan. legislation
3, 1965 (see H. Rept.
88-1143)

Homeland Security
Established Develop recommendations on such To report its
June 19, 2002; matters that relate to the recommendation
107-2, H. Res. establishment of a department of to the House on
449 homeland security as may be a bill
Terminated referred to it by the Speaker and establishing a
after final on recommendations submitted to it department of
disposition of by standing committees to which homeland
specified bill the Speaker referred a bill security (see
(Nov. 25, establishing such department H. Rept. 107-
2002) 609)

[[Page 262]]

Homeland Security
Established Develop recommendations on such To report its
Jan. 7, 2003; matters that relate to the recommendations
108-1, H. Res. Homeland Security Act of 2002 as to the House by
5 may be referred to it by the bill or
Terminated Jan. Speaker; to conduct oversight of otherwise on
3, 2005 laws, programs, and Government matters
activities relating to homeland referred to it
security; to conduct a study of by the Speaker;
the operation and implementation to report its
of the rules of the House, recommendations
including rule X, with respect to on changes to
homeland security House rules to
the Committee
on Rules

Hunger
Established International programs; world food To conduct
Feb. 22, 1984; security; malnutrition; food studies and
98-2, H. Res. production and distribution; make
15 agribusiness role recommendations
Reestablished about possible
each Congress legislation
through 102-2;
Reestablishmen
t rejected
Feb. 4, 1993;
103-1, H. Res.
18

Hurricane Katrina
Established The local, State, and Federal To conduct an
Sept. 15, preparation for, and response to, investigation
2005; 109-1, Hurricane Katrina and report its
H. Res. 437 findings to the
Terminated Mar. House by Feb.
16, 2006 15, 2006

Intelligence
Established Proposals concerning the To report to the
Feb. 19, 1975; intelligence and intelligence- House on the
94-1, H. Res. related programs and activities of nature and
138 the U.S. Government; oversight; extent of
Terminated Feb. proposed legislation and other intelligence
11, 1976; matters relating to the CIA activities of
became U.S.
permanent departments and
select agencies by
committee, legislation or
July 14, 1977, otherwise (see
H. Res. 658 H. Rept. 94-
(clause 11 of 833)
rule X; Manual
Sec. 785)

[[Page 263]]

Katyn Forest
Massacre
Established The massacre of thousands of Polish To report to the
Sept. 18, officers in the Katyn Forest in House on
1951; 82-1, H. territory then under the control completion of
Res. 390 of the U.S.S.R. its hearings
Terminated Dec. (see H. Rept.
22, 1952 82-2505); no
legislative
authority

Lobbying
Activities
Established Lobbying activities intended to To submit
Aug. 12, 1949; influence legislation; activities reports on the
81-1, H. Res. of Federal agencies intended to results of its
298 influence legislation study (see H.
Terminated end Rept. 81-3239);
of the 81st no legislative
Cong. authority

Narcotics Abuse
and Control
Established International traffic in narcotics; To report to the
July 29, 1976; prevention; enforcement; organized House on its
94-2, H. Res. crime; drug abuse; treatment; investigations;
1350 rehabilitation no legislative
Reestablished authority
each Congress
through 102-2

Newsprint
Established Need for adequate supplies of To submit
Feb. 26, 1947; newsprint and related products; reports with
80-1, H. Res. production possibilities and recommendations
58 prospects (see H. Rept.
Terminated Dec. 80-2471); no
31, 1948 legislative
authority

Offensive and
Undesirable
Literature
Established May The extent to which books, To report to the
12, 1952; 82- magazines, and comic books contain House with
2, H. Res. 596 immoral, obscene, or otherwise recommendations
Terminated Dec. offensive matter; availability , including
31, 1952 through the U.S. mails; adequacy recommendations
of existing laws for legislation
(see H. Rept.
82-2510); no
legislative
authority

[[Page 264]]

Outer Continental
Shelf
Established A bill relating to the management To report the
Apr. 12, 1975; of oil and natural gas in the bill and other
94-1, H. Res. Outer Continental Shelf; marine legislation
412 and coastal environments; certain referred to it;
Terminated Jan. related matters on this subject on transmit its
3, 1979; referral to it by the Speaker findings and
succeeded by make a full
another select report to the
committee on House (see H.
the same Rept. 96-1214)
subject (96-1,
H. Res. 53),
which
terminated
July 31, 1980

Population
Established Causes of changing population To report on the
Sept. 28, conditions; population results of its
1977; 95-1, H. characteristics relative to investigation
Res. 70 limited resources; population (see H. Rept.
Terminated end planning; global population- 95-1842); no
of the 95th related issues legislative
Cong. authority

Professional
Sports
Established May Need for legislation with respect To report to the
18, 1976; 94- to professional sports House on the
2, H. Res. results of its
1186 inquiry (see H.
Terminated Jan. Rept. 94-1786);
3, 1977 no legislative
authority

Right of Member
To Be Sworn In
Established The right of Adam Clayton Powell To report to the
Jan. 10, 1967; (N.Y.) to be sworn in in the 90th House within
90-1, H. Res. Congress and to a seat therein five weeks (see
1 H. Rept. 90-
Terminated Feb. 27); no
23, 1967 legislative
authority

[[Page 265]]

Small Business
Established Assistance to small business; small Reported to the
Dec. 4, 1941; business protection; financial House on
77-1, H. Res. aid; small business participation results of its
294 in Federal procurement investigations;
Reestablished no legislative
each Congress authority
until 1970; before becoming
became a a standing
standing committee
committee
1975; 94-1, H.
Res. 988;
clause 1 of
rule X; Manual
Sec. 736

Survivors'
Benefits
Established Benefits provided under Federal law To prepare such
Aug. 4, 1954; for dependents of deceased members legislation; to
83-2, H. Res. and former members of the armed report on the
549 forces results of its
Terminated Jan. investigation
15, 1956 (see H. Rept.
83-9282)

Tax-exempt
Foundations and
Organizations
Established Educational and philanthropic To report to the
Apr. 4, 1952; foundations and related House on the
82-2, H. Res. organizations exempt from Federal results of its
561 income taxation; use of investigation
Terminated Dec. foundations (see H. Rept.
16, 1954 82-2681); no
legislative
authority

Transactions on
Commodity
Exchanges
Established Purchases and sales of commodities; To report to the
Dec. 18, 1947; commodities for future delivery; House on
80-1, H. Res. activities of Federal agencies and completion of
404 individuals therein as affecting its
Terminated Dec. the price of commodities investigation
31, 1948 (see H. Rept.
80-2472); no
legislative
authority

U.S. Military
Involvement in
Southeast Asia
Established All aspects of U.S. military To report on its
June 8, 1970; involvement in Southeast Asia investigation
91-2, H. Res. (see H. Rept.
976 91-1276); no
Terminated July legislative
6, 1970 authority

[[Page 266]]

U.S. National
Security and
Military/
Commercial
Concerns with
China
Established Investigate technology transfers to To report on its
June 18, 1998; China; successor select committee investigation
105-2, H. Res. assigned to produce unclassified (see H. Rept.
463; version of report filed by 105-851)
reestablished predecessor committee (declassified,
Jan. 6, 1999, in part,
106-1, H. Res. pursuant to H.
5; extended Res. 5 (106-
Mar. 24, Apr. 1)); no
29, May 13, legislative
1999, 106-1, authority
H. Res. 129,
H. Res. 153,
H. Res. 170
(respectively)
Terminated May
31, 1999

U.S. Servicemen
Missing in
Action in
Southeast Asia
Established U.S. servicemen identified as To report to the
Sept. 11, missing in action; recovery of House on its
1975; 94-1, H. bodies of known dead; investigation
Res. 335 international inspection teams (see H. Rept.
Terminated Mar. 94-1764); no
13, 1977 legislative
authority

Voting
Irregularities
of Aug. 2, 2007
Established The circumstances surrounding a To conduct an
Aug. 3, 2007; vote on Aug. 2, 2007 investigation
110-1, H. Res. and produce an
611 interim report
Terminated Jan. by Sept. 30,
3, 2009 2007, and a
final report by
Sept. 15, 2008

White County
Bridge
Commission
Established May Financial position of the White To report to the
25, 1955; 84- County Bridge Commission; monies House with
1, H. Res. 244 received and expenditures made; recommendations
Terminated Apr. anticipated toll-free use (see H. Rept.
25, 1956 84-2052); no
legislative
authority

[[Page 267]]

World War II
Veterans
Established Abuses in education, training and To report on the
Aug. 28, 1950; loan guarantee programs of World results of its
81-2, H. Res. War II veterans investigation
474 (see H. Rept.
Terminated Feb. 2501); no
2, 1951 legislative
authority
------------------------------------------------------------------------

Sec. 14 . Joint Committees

Generally

Joint committees are composed of Members from both Houses.
Jefferson noted that joint committees were used by the two Houses of
the English Parliament. Manual Sec. 325. Since the First Congress, a
joint committee has been used to make arrangements for the
inauguration of the President and Vice President. Manual Sec. 1112; 3
Hinds Sec. 1986. The early congresses formed joint standing committees
on the Library and Printing, which exist to this day. Manual
Sec. Sec. 1110, 1111; 4 Hinds Sec. Sec. 4337, 4347. For a current list
of joint committees, see Manual Sec. Sec. 1108-1112.
Joint committees, or committees of the House and Senate acting
jointly, have been used to investigate problems relating to
immigration (4 Hinds Sec. 4415), to resolve a dispute relating to the
electoral count (3 Hinds Sec. 1953), and to investigate the revision
and codification of the laws (4 Hinds Sec. 4410).

Jurisdiction, Functions, and Duties

Joint committees are used for study and investigation, supervision
and oversight, and sometimes for purely ceremonial activities. Joint
committees generally function in areas beyond the jurisdiction of any
particular committee of either House. Deschler Ch 17 Sec. 7. Joint
committees may report to both Houses if so directed (4 Hinds
Sec. Sec. 4421, 4422), or to either House (4 Hinds Sec. 4432; 7 Cannon
Sec. 2167).
A joint committee created by concurrent resolution may be
instructed by the two Houses acting concurrently or, if so authorized,
by either House acting independently. 4 Hinds Sec. 4421. However, a
joint committee created by statute is not susceptible to control by
one House; and its duties may not be enlarged or diminished by either
House acting independently. 7 Cannon Sec. 2164. A joint committee
created by concurrent resolution must be reestablished by a subsequent
Congress.

[[Page 268]]

Composition; Voting

Recent joint committees have featured an equal number of Members
from both Houses, with the chair alternating between the House and
Senate, and with each member having one vote. Deschler Ch 17 Sec. 7.
The table below shows the major joint committees that were
established during the post-1946 era, their composition, and their
jurisdiction and functions:

Joint Committees
------------------------------------------------------------------------
Committees Jurisdiction and Functions
------------------------------------------------------------------------
Atomic Energy Development, use, and control of
Established 1946; 42 USC Sec. atomic energy; to report legislation
2251 and make recommendations within its
House members: 9 jurisdiction; legislative
Senate members: 9 jurisdiction abolished 1977; 95-1,
Terminated Jan. 4, 1977 H. Res. 5

Congressional Operations Identification of court proceedings
Established 1970; 2 USC Sec. affecting Congress; organization and
Sec. 411-417 operation of the Congress;
House members: 5 supervision of the Office of
Senate members: 5 Placement and Management; no
Inactive since 94th Cong.; legislative jurisdiction
Select Committee on
Congressional Operations
created, 95-1, H. Res. 420

Defense Production Review of programs established by the
Established 1950; 50 USC App Defense Production Act of 1950;
Sec. 2161 Federal emergency preparedness and
House members: 5 mobilization policy; integrity of
Senate members: 5 defense contracts and the
Terminated Mar. 1, 1992; no procurement process; to report to
appointments after Sept. 30, the House and Senate on its studies,
1978 with recommendations

Deficit Reduction Report recommendations to Congress to
Established 2011; Pub. L. 112- reduce the deficit by at least $1.5
25 trillion over the period of fiscal
House members: 6 years 2012 to 2021
Senate members: 6
Terminated Jan. 31, 2012

[[Page 269]]

Economic Economic Report by the President;
Established 1946; 15 USC Sec. means of promoting national policy
1021 on employment; short-term and medium-
House members: 10 term economic goals; to report to
Senate members: 10 the House and Senate (by March 1)
(Manual Sec. 1108) and to each Budget Committee (by
March 15)

Housing Housing needs in U.S.; building
Established 1947; H. Con. Res. material shortages; building costs;
104 building codes and zoning laws;
House members: 7 housing loans and insurance;
Senate members: 7 veterans' preferences; findings to
Terminated 80th Cong. be reported to the House and Senate

Inaugural Ceremonies The necessary arrangements for the
Established 1789; reestablished inauguration of the President-elect
every other Congress by and the Vice President-elect
concurrent resolution
House members: 3
Senate members: 3

Internal Revenue Taxation Operation and effects of Federal
Established 1926; 26 USC Sec. system of internal revenue taxation;
8002 to report to the Committee on Ways
House members: 5 and Means, and, in its discretion,
Senate members: 5 directly to the House
(Manual Sec. 1109)

Library Management and expansion of the
Established 1806; 2 USC Sec. Library of Congress; rules and
132b regulations for the government of
House members: 5 the Library; development of Botanic
Senate members: 5 Garden; gifts for the benefit of the
(Manual Sec. 1110) Library; statues and other works of
art in the Capitol

Organization of Congress Organization and operation of
Two separate joint committees Congress; relationship between the
Established 1965; S. Con. Res. two Houses and between the Congress
2 and other branches of government;
Established 1992; H. Con. Res. committees; to report to the House
192; (Reestablished Pub. L. 102- and Senate
392)
House members: 12
Senate members: 12
Terminated Dec. 31, 1967
Terminated Dec. 31, 1993

[[Page 270]]

Printing Inefficiencies or waste in the
Established 1846; 44 USC Sec. printing, binding, and distribution
901 of government publications;
House members: 5 arrangement and style of the
Senate members: 5 Congressional Record; printing of
(Manual Sec. 1111) the legislative program for each
day; listing of committee meetings
and hearings

Washington Metropolitan Problems Growth and expansion of the District
Established 1957; H. Con. Res. of Columbia and its metropolitan
172 area; effectiveness of agencies and
House members: 3 instrumentalities concerned
Senate members: 3 therewith; to report to the House
Terminated 86th Cong. and Senate
------------------------------------------------------------------------

D. Procedure in Committees

Sec. 15 . Committee Rules; Applicable House Rules

Generally

House committees are required to follow the procedures prescribed
by the rules of the House ``so far as applicable.'' Clause 1(a) of
rule XI; Manual Sec. 787. They are also bound by those provisions of
Jefferson's Manual that are consistent with the rules of the House.
Manual Sec. Sec. 792, 1105. Finally, they are bound by their written
rules which are adopted by each standing committee under clause 2(a)
of rule XI. Manual Sec. 791. Committee rules must be published in the
Congressional Record and made publicly available in electronic form
within 30 days after the chair of the committee is elected and are
compiled by the Committee on Rules each Congress as a committee print.
Manual Sec. 791. If a committee meets pursuant to a rule which has not
been published, the proceedings may be held insufficient to support a
perjury conviction for alleged false testimony given to that
committee. United States v. Reinecke, 524 F.2d 435 (D.C. Cir. 1975).
Clause 1(a)(2) of rule XI states that each subcommittee of a
committee is a part of that committee and subject to its authority,
direction, and rules. However, clause 2 of rule XI grants certain
authorities specifically to subcommittees, such as authorizing and
issuing subpoenas. See, e.g., clause 2(m) of rule XI.

[[Page 271]]

Points of Order

A point of order does not ordinarily lie in the House against
consideration of a bill by reason of defective committee procedures
occurring before the time the bill is ordered reported to the House.
Manual Sec. 792. Thus, a point of order that a measure was ordered
reported in violation of a committee rule requiring advance notice of
the committee meeting will not lie in the House--the interpretation of
committee rules being within the cognizance of the committee and not
the House. Manual Sec. 791.
On the other hand, if a committee procedure directly violates a
rule of the House, or if a rule specifically permits, a point of order
may be raised in the House, which may result in the recommittal of the
bill. Manual Sec. Sec. 792, 799. For example, a point of order against
a measure on the ground that the hearings on such measure were not
properly conducted as required by the rules may be raised in the House
by a committee member if the point of order was timely made and
improperly overruled or not properly considered in committee. Clause
2(g)(6) of rule XI.
A deficiency in a committee report may be the subject of a point
of order in the House. Manual Sec. Sec. 837-849. A committee report
that erroneously reflects the information required under clause 3 of
rule XIII--for example, that committee reports reflect the total
number of votes cast for and against any public measure or matter and
any amendment thereto and the names of those voting for and against--
may be subject to a point of order. Manual Sec. 839. This error may be
corrected by a supplemental report that need not be separately
available for three days. Manual Sec. 838.

Sec. 16 . Records, Files, and Transcripts; Disclosure and Disposition;
Member Access

Generally; Voting Records

Each committee must keep a complete record of all committee
action. Manual Sec. 794. A meeting or hearing transcript (if made)
must include, under clause 2(e)(1) of rule XI, a substantially
verbatim account of remarks actually made. All committee records and
files must be kept separate from the office records of the member
serving as chair. Manual Sec. 796. The text of any amendment adopted
in committee must be made publicly available in electronic form no
later than 24 hours after adoption. Manual Sec. 796.
The record of committee action must include the votes on any
question on which a roll call vote is demanded, and the result of each
such vote must be made available by the committee for inspection by
the public and made publicly available in electronic form. Manual
Sec. 795. In addition, committee

[[Page 272]]

reports must include all record votes on motions to report and on any
amendments. Manual Sec. 839.

Members' Right of Access; Disclosure

Under clause 2(e) of rule XI, the records and files of a committee
are considered the property of the House and accessible to all Members
of the House. However, clause 2(e) of rule XI includes an exception to
that rule for certain records of the Committee on Ethics and clauses
11(c) and 11(g) of rule X include exceptions for the Permanent Select
Committee on Intelligence. On one occasion the House restricted access
to executive session material of a committee, notwithstanding clause
2(e) of rule XI, to members of the committee and to such employees of
the committee as were designated by the chair after consultation with
the ranking minority member. 105-2, H. Res. 525, Sept. 11, 1998, pp
20020, 20021.
Clause 2(e) does not entitle a Member to bring committee materials
into the well of the House and does not necessarily apply to records
within the possession of the executive branch that members of the
committee have been allowed to examine under limited conditions at the
discretion of the agency. 96-2, July 31, 1980, p 20765. Furthermore,
committees may prescribe regulations to govern the manner of access,
such as limiting examination of files to committee rooms or
prohibiting the making of photocopies. Manual Sec. 796; 85-1, Aug. 14,
1957, p 14737.

Use of Information Obtained in Executive Session

Testimony or evidence taken in an executive session of a committee
is under the control of and subject to the regulation of the committee
and, under clause 2(k) of rule XI, cannot be released or made public
without the consent of the committee. Thus, although a Member's right
of access under clause 2(e) of rule XI may allow examination of
executive session materials in committee rooms, it does not permit
copying or taking of personal notes from such materials, keeping such
notes in personal office files, or releasing such materials to the
public without the consent of the committee or subcommittee. Manual
Sec. 796. Evidence or testimony taken in executive session of a
committee may later be made public by vote of the committee. Deschler
Ch 17 Sec. 22.2. A committee may take such action even with respect to
evidence or testimony taken in executive session under clause 2(k)(5)
of rule XI that tends to degrade, defame, or incriminate. Deschler Ch
17 Sec. 22.3. A committee may also take such action with respect to
threshold discussions held in executive session under clause
2(g)(2)(B) of rule XI to explore whether evidence or testimony should
be received in executive session.

[[Page 273]]

Clause 2(k)(7) of rule XI, which requires a majority of the
committee to constitute a quorum for closing a meeting or hearing,
also requires a full quorum to release or make public evidence or
testimony received in executive session. The chair has no unilateral
authority to release such material. Under clause 2(k)(7), executive
session material may be released only when authorized by the
committee, a majority being present. Manual Sec. 803.
Clauses 11(c) and 11(g) of rule XI provide that classified
material transmitted by the Permanent Select Committee on Intelligence
to another committee of the House becomes the executive session
material of the recipient committee by virtue of the nature of the
material and the injunction of clause 11(g) of rule X, which prohibits
disclosure of such information to Members of the House except in a
secret session. Clause 3(b)(6) of rule XI prohibits the public
disclosure of complaints or information received by the Committee on
Ethics except as specifically authorized by that committee in each
instance.
Under clause 6(b) of rule VIII, minutes or transcripts of
executive sessions, or evidence received during such sessions, may not
be disclosed or copied in response to a subpoena. A subpoena duces
tecum requesting production of executive session records of a
committee from a prior Congress may be laid before the House pending a
determination as to its propriety. 97-1, Apr. 28, 1981, p 7603.

Disposition of Committee Records

The House may adopt a resolution providing for the disposition of
the records and files of a select or other committee. On one occasion,
the House required that the files of a select committee be held intact
and turned over to a newly created committee with similar
jurisdiction. Deschler Ch 17 Sec. 19.3. On another occasion, the House
gave a select committee the authority to dispose of its records
consistent with the rules and laws concerning classified information.
106-1, sec. 2(f)(3), H. Res. 5, Jan. 6, 1999, p 76. Pursuant to that
authority the select committee transferred its records to the Clerk
and instructed the Clerk to grant access to those records only with
the approval of the chair and ranking minority member of the former
select committee (so long as each remains a Member) and, thereafter,
with the approval of the Permanent Select Committee on Intelligence.
Manual Sec. 1112a. In the absence of specific disposition by the
House, clause 1 of rule VII requires the chair of each committee to
deliver to the Clerk all noncurrent records of the committee. Manual
Sec. 695. Clause 3 of rule VII outlines the procedures for the public
release of noncurrent records.

[[Page 274]]

Reference in Debate to Transcripts or Minutes

Under early decisions of the House, it was not in order in debate
to refer to the proceedings of a committee except as had been formally
reported to the House. 5 Hinds Sec. Sec. 5080-5083; 8 Cannon
Sec. Sec. 2485-2493; Deschler Ch 17 Sec. Sec. 20.1, 20.2. The
rationale for the early decisions was to protect the confidentiality
and independence of committee proceedings and to permit flexibility
and compromise in committee deliberations. 8 Cannon Sec. 2491. Today,
however, the rules require that committee meetings be open to the
public unless properly closed by vote of the committee. Committee
proceedings are widely available on television and by other means.
These considerations mitigate against the application of the rule of
nondisclosure to meetings and hearings which are open to the public.
Manual Sec. 360; Deschler Ch 17 Sec. 20.1. On the other hand, it is
clear that the rule protecting committee proceedings from disclosure
in House debate is applicable to executive session proceedings. 8
Cannon Sec. 2493; Deschler Ch 17 Sec. 20. Thus, it has been held not
in order in debate in the House to refer to or quote from the minutes
of an executive session of a committee, unless the committee has voted
to make such proceedings public. Manual Sec. 319. The precedents
clearly prevent reference in debate to committee actions which impugn
the motives of committee members, whether or not by name. Deschler-
Brown Ch 29 Sec. 54.3.

Sec. 17 . Meetings

Regular Meetings; Calling Additional Meetings

Standing committees must fix regular meeting days. Manual
Sec. 793. These meeting days may be on a weekly, biweekly, or monthly
basis but must be at least once a month. Clause 2(b) of rule XI;
Manual Sec. 407. Additional meetings may be called by the chair as
deemed necessary, and a mechanism exists that allows a majority of the
committee to require that a special meeting be held to consider a
particular measure or matter. Manual Sec. 793. Pursuant to clause 3(g)
of rule XI, a committee meeting may not commence until the third day
on which members have notice thereof, and text of the legislation to
be marked up must be available to members in electronic form 24 hours
prior to the commencement of the meeting. Where a committee has a
fixed date to meet, a quorum of the committee may convene on that date
without call of the chair and transact business regardless of the
chair's absence. Clause 2(d) of rule XI; 8 Cannon Sec. 2214. In the
absence of the chair or vice chair designated by the chair, the
ranking majority member who is present presides at the meeting. Clause
2(d) of rule XI.

[[Page 275]]

Sec. 18 . -- Consideration and Debate; Voting

Generally; Motion Practice

Committees generally conduct their business under the five-minute
rule and may employ the ordinary motions and procedures which are in
order in the House under clause 4 of rule XVI, as well as those
procedures which are in order in the House as in the Committee of the
Whole. Manual Sec. Sec. 424, 427, 792, 911. These include:

The reading for amendment by section as in the Committee of
the Whole and the reading of the measure and amendments thereto
in full. Manual Sec. 792.
Dispensing with the first reading (in full) of a bill or
resolution if printed copies are available. Clause
1(a)(2)(A)(ii) of rule XI.
Limiting the time for debate and the motion to limit debate
under the five-minute rule. Manual Sec. 792; 4 Hinds Sec. 4573.
The motion for the previous question. Manual Sec. 994.
Voting by the yeas and nays. 4 Hinds Sec. 4572.
The motion to refer. Manual Sec. 916.
The motion to lay on the table, but tabling an amendment also
carries the bill to the table. 3 Hinds Sec. 1737; 4 Hinds
Sec. 4568.
The motion to reconsider. 4 Hinds Sec. Sec. 4570, 4571.
The taking of an appeal from a decision of the Chair. 4 Hinds
Sec. 4569.
The motion to recess from day to day or subject to the call of
the Chair (within 24 hours). Manual Sec. 787.

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

Proxy Voting

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

Postponed Votes

In the 108th Congress, clause 2(h) of rule XI was amended to
permit each committee to adopt a rule authorizing the chair of a
committee or subcommittee to postpone a record vote on the question of
approving a measure or matter or on adopting an amendment. Proceedings
may be resumed on a postponed question at any time after reasonable
notice. A committee rule permitting such postponed votes must provide
that when proceedings resume on a postponed question, notwithstanding
any intervening order for the pre

[[Page 276]]

vious question, the underlying proposition must remain subject to
further debate or amendment to the same extent as when the question
was postponed.

Sec. 19 . Hearings

Generally; Uses of Hearings

The three most common uses of hearings held by the committees of
the House are: (1) to consider the enactment of a measure into law and
to provide a forum where information and opinions on the measure can
be presented; (2) to inform the House as to activities that may call
for legislation; and (3) to invoke the investigative powers of the
House as overseer of Federal programs and operations.
Hearings have included such publicized investigations as the
Credit Mobilier Corporation bribery charge investigation of 1872 (2
Hinds Sec. 1286), the Un-American activities investigations beginning
in the 1930's (Deschler Ch 15 Sec. 1.32), the investigation of covert
arms transactions with Iran in 1988 (100-1, H. Res. 12, Jan. 7, 1987,
p 821), the investigation of political fundraising improprieties (105-
1, H. Res. 167, June 20, 1997, p 11677), and the investigation of
whether the impeachment of President Clinton was warranted (105-2, H.
Res. 581, Oct. 8, 1998, p 24679).

Announcement of Hearings

A chair must announce a hearing at least one week in advance,
although the chair and ranking minority member acting jointly, or the
committee by majority vote with a business quorum present, may
determine that there is good cause to begin the hearing sooner. In
such a case the chair must make the announcement at the earliest
possible date. The announcement must be published in the Daily Digest
and made publicly available in electronic form. Manual Sec. 798. The
Committee on Rules is exempted from this requirement.

Sec. 20 . Hearings and Meetings as Open or Closed

Generally

All committee or subcommittee meetings and hearings must be open
to the public, including the media, unless the committee, in open
session with a majority present, votes to close all or part of the
remainder of the meeting or hearing on that day for one of the
permissible reasons stated in the rule. Clause 2(g) of rule XI; see
also clause 2(k)(5) of rule XI. Permissible reasons include national
security, the compromise of sensitive law enforcement information,
violation of a law or rule of the House, or a situation where
testimony might incriminate, defame, or degrade a person.

[[Page 277]]

Only members of the committee and such noncommittee Members,
staff, and departmental representatives as the committee may authorize
may be present at a meeting held in executive session. Clause 2(g)(1)
of rule XI. A committee or subcommittee may not exclude noncommittee
Members from nonparticipatory attendance at a hearing unless so
authorized by the House. Clause 2(g)(2) of rule XI.
A motion to close a committee meeting or hearing, like the motion
for a secret session in the House, is not debatable. Manual Sec. 969.
Under rule XI clause 2(g)(2)(D), all committees may vote to close a
hearing for one additional day. The Committees on Appropriations and
Armed Services and the Permanent Select Committee on Intelligence may
close a hearing for up to five additional, consecutive days. Manual
Sec. 798.

Evidence or Testimony Tending to Defame, Degrade, or Incriminate

Clause 2(k)(5) of rule XI requires certain procedural steps
whenever a member of the committee asserts that evidence or testimony
before a committee hearing may tend to defame, degrade, or incriminate
any person. Witnesses also may make such assertions with respect to
themselves. Manual Sec. Sec. 798, 803. A majority of those present may
vote to (1) receive the evidence or testimony in executive session
under clause 2(k)(5) or (2) go into executive session under clause
2(g)(2)(B) of rule XI to hold threshold discussions to explore whether
the evidence or testimony may tend to defame, degrade, or incriminate.
To continue the hearing in open session, a majority quorum of the
committee or subcommittee must be present to entertain a motion that
the evidence or testimony is in fact not defamatory, incriminating, or
degrading and the committee should proceed in open session. Such a
motion requires a majority for adoption. An opportunity to appear
voluntarily must be afforded to the witness in either case. Manual
Sec. 803.
A point of order may be raised against a privileged report of a
committee relating to the contemptuous refusal of a witness to testify
on the ground that the committee had violated clause 2(k)(5) of rule
XI. Deschler Ch 15 Sec. 15. If a witness appears in response to a
subpoena and, when called, properly asserts grounds for an executive
session, the committee must determine whether the testimony will tend
to defame, degrade, or incriminate, even though the witness may have
ignored a previous opportunity to appear voluntarily to testify.
However, the proper assertion must be made by the witness to the
committee. If the witness leaves the hearing room without making any
statement other than a refusal to testify, the committee is not
obligated to go into executive session, because the proceedings have
not reached the point where the witness has demanded that the
committee determine whether the testimony would tend to degrade,
defame, or incriminate.

[[Page 278]]

The determination that evidence or testimony may tend to degrade,
defame, or incriminate lies with the committee and not with the
witness. Deschler Ch 15 Sec. 15.

Sec. 21 . Quorum Requirements

Generally

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

------------------------------------------------------------------------
Action Minimum Quorum Clause 2 of Rule XI
------------------------------------------------------------------------
To report a measure A majority of the (h)(1)
or recommendation committee, ``actually Manual Sec. 799
present''

To report contempt A majority of the (h)(1)
committee Manual Sec. 799

To authorize and A majority of the (m)(2)
issue a subpoena committee Manual Sec. 805

To close a meeting or A majority of the (g)(1), (2)
hearing committee Manual Sec. 798

To make public A majority of the (k)(7)
evidence taken in committee Manual Sec. 803
executive session

To immunize a witness A majority of the 18 USC Sec.
committee 6005

To take evidence or A majority of the (k)(5)
testimony in open committee Manual Sec. 803
session after
assertion that it
defames, degrades or
incriminates

[[Page 279]]

To take testimony or Two members (h)(2)
receive evidence at Manual Sec. 800
hearing

To close a hearing Two members (k)(5)
where assertion of Manual Sec. 803
defamatory testimony
or evidence is made

To take any other One-third of membership (h)(3)
action Manual Sec. 800
------------------------------------------------------------------------

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

Generally

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

Contemporaneous Meeting

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

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Obsolete ``Rolling Quorum''

In the 103d Congress the rules were amended to permit a ``rolling
quorum'' by allowing a majority to be deemed present if the committee
records showed that a majority responded on a roll call vote on the
motion to report in question. 103-1, H. Res. 5, Jan. 5, 1993, p 49.
This language was deleted in the 104th Congress, thus restoring the
previous requirement that a ``majority of the committee be actually
present'' at the time a measure is ordered reported. Unlike a House
floor vote, during which Members may come and go during the course of
a vote, the committee quorum rule, absent the old ``rolling quorum''
latitude, means a committee cannot simply leave a vote open until a
sufficient number of Members have responded to their names.

Sec. 23 . -- Points of Order Based on Reporting Requirements

Generally

Unless a point of order is raised, the House assumes that reports
from committees are authorized with a quorum present. Deschler Ch 17
Sec. 23. Quorum issues raised by a point of order are often determined
on the basis of information in the report or supplied by the chair of
the committee in question, and the Speaker may question the chair as
to the circumstances of the meeting and the number of committee
members present at that meeting. Manual Sec. 799; Deschler Ch 17
Sec. 23.5. Where the chair admits that the bill was reported when a
quorum was not present, the point of order against the bill on that
ground will be sustained. Deschler Ch 17 Sec. 25.2. If the point of
order is sustained, the bill is automatically recommitted. Deschler Ch
17 Sec. Sec. 23.2, 25.2.
Where a bill is being considered under suspension of the rules, a
point of order will not lie against the bill on the ground that a
quorum was not present when the bill was reported from committee.
Deschler Ch 17 Sec. 24.8.
The absence of a quorum at the time a ``clean'' bill is ordered
reported gives rise to a point of order on the House floor, even
though the chair had been previously instructed by the committee to
report the bill. Cf. Deschler Ch 17 Sec. 23.6.

Timeliness

A point of order that a bill was reported from a committee in the
absence of a quorum is properly raised in the House when the bill is
called up for consideration or pending the Speaker's declaration, or a
vote on a motion, that the House resolve itself into the Committee of
the Whole for the consideration of the bill. Deschler Ch 17
Sec. Sec. 24.2, 24.4; 101-1, May 16,

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1989, p 9356. It has been ruled that such a point of order comes too
late if raised:

After consideration of the bill has begun in the House. 8
Cannon Sec. 2223.
After the House has resolved into the Committee of the Whole
for the consideration of the measure. Deschler Ch 17 Sec. 24.5.
After debate on the measure has started in the House. Deschler
Ch 17 Sec. 24.6.
After adoption of the measure. Deschler Ch 17 Sec. 24.7.

The point of order is premature and will not be entertained:

Where a resolution providing for the consideration of the bill
is before the House. Deschler Ch 17 Sec. 24.2.
Pending a unanimous-consent request to consider the measure
otherwise not privileged for consideration. 90-2, Oct. 11,
1968, p 30751.

Clause 2(g)(6)(B) of rule XI precludes a point of order against
consideration of a reported measure, on the ground that hearings on
such measure were conducted without a proper quorum, unless that point
was timely made and improperly disposed of in committee.

Sec. 24 . Witnesses

Summoning Witnesses; Subpoenas

Witnesses are summoned before a committee pursuant to authority
conferred on it by the House to send for persons or papers. 3 Hinds
Sec. 1750. Clause 2(m) of rule XI permits committees and subcommittees
to issue a subpoena when authorized by a majority of the members
voting, a majority being present. This authority does not extend to
other subunits of a committee such as ``task forces.'' Full-committee
chairs may authorize and issue subpoenas when that authority is
delegated by the full committee, either on an ad hoc basis or by
committee rule. Such subpoenas must be signed by the chair of the
committee or by a member designated by the committee. Subpoenas issued
to persons are returnable at the committee or subcommittee. A subpoena
duces tecum, one that commands the production of documents, may
specify terms of return other than at a meeting or a hearing. Clause
2(m)(3)(C) of rule XI.
Clause 2(k)(5) of rule XI requires committees and subcommittees to
afford any person who may be defamed, degraded, or incriminated by
testimony or evidence the opportunity to voluntarily appear as a
witness. That clause and clause 2(k)(6) also require committees and
subcommittees to dispose of requests from such person, or requests
made by committee members during hearings, to subpoena additional
witnesses. Such interlocutory re

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quests can cover the full range of persons and papers for which
subpoenas may be authorized under clause 2(m).
Under clause 2(m) of rule XI, compliance with a committee subpoena
may be enforced only as authorized by the House. This clause has been
interpreted to require authorization by the full House before a
subcommittee chair may intervene in a lawsuit in order to gain access
to documents subpoenaed by the subcommittee. In re Beef Industry
Antitrust Litigation, 589 F.2d 786 (5th Cir. 1979); see also Contempt.
Clause 2(m) does not authorize a committee to conduct a deposition or
interrogatory before one member or before staff of the committee.
Except in the case of the Committee on Oversight and Government Reform
under clause 4(c) of rule X, such authority must be conferred by
separate action of the House. Manual Sec. Sec. 800, 805.

Interrogation of Witnesses

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

Witnesses Called by the Minority

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

Perjury

It is a felony to give perjurious testimony before a congressional
committee. 18 USC Sec. 1621. It is a felony to make false, fictitious,
or fraudulent statements before any department or agency of the United
States, including congressional committees. 18 USC Sec. 1001. However,
the courts have ruled that the facts sought must be in aid of the
committee's legislative purpose. The committee may recall a witness
for additional testimony on a point already testified to, or question
such witness about a prior denial, or address questions which are not
clearly in aid of legislation, but a perjury indictment may not be
found on false testimony in response to questions which are not

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asked for the purpose of eliciting facts material to the committee's
investigation. United States v. Cross, 170 F. Supp. 303 (D.D.C. 1959).
A quorum of a committee must be present when testimony is given to
support a charge of perjury. Manual Sec. Sec. 343, 409, 803;
Christoffel v. United States, 338 U.S. 84 (1949). The absence of a
quorum of a committee at the time a witness willfully fails to produce
subpoenaed documents is not a valid defense in a prosecution for
contempt where the witness failed to raise that objection before the
committee. United States v. Bryan, 339 U.S. 323 (1950); United States
v. Fleischman, 339 U.S. 349 (1950).

Use of Written Statements

Under clause 2(g)(5) of rule XI, committees are encouraged to
require each prospective witness to file a written statement of
proposed testimony in advance and limit oral presentation to a summary
thereof. The committees also must require, to the greatest extent
practicable, nongovernmental witnesses who submit written statements
to submit with such statement curriculum vitae and disclosures of
Federal grants or contracts received over the previous three years.
Under clause 2(k)(8) of rule XI witnesses are permitted, at the
discretion of the committee, to submit brief, sworn statements in
writing for inclusion in the committee record.

Subpoena Duces Tecum

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

Witness Fees

Clause 5 of rule XI authorizes the Committee on House
Administration to establish the per diem and travel rates of
reimbursement of witnesses. Some committees, in their rules, prescribe
procedures for disbursing such fees, such as the signing of
appropriate vouchers.

Sec. 25 . -- Rights or Privileges of Witnesses

Generally; Under the Constitution

Committee investigations must be conducted in accordance with the
Constitution, particularly the first, fourth, and fifth amendments.
Witnesses appearing at hearings cannot be compelled to give evidence
or testimony against themselves, cannot be subjected to unreasonable
search and seizure, and cannot have their first amendment freedoms of
speech, press, religion, or political belief and association abridged.
Watkins v. United States, 354 U.S. 178 (1957).

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The Privilege Against Self-incrimination

The privilege against self-incrimination may be invoked by a
person subpoenaed to testify or produce materials before a House
committee notwithstanding the fact that a congressional investigation
is not a ``criminal case'' in the conventional sense. 3 Hinds
Sec. Sec. 1699, 2514. The assertion of the privilege against self-
incrimination need take no particular form, provided the committee can
reasonably be expected to understand it as an attempt to invoke the
privilege. Quinn v. United States, 349 U.S. 155 (1955). At the same
time, a witness may waive the privilege by failing to assert it,
expressly disclaiming it, or testifying on the same matters concerning
which the privilege is later claimed. Deschler Ch 15 Sec. 9. Thus,
after testifying to an incriminating fact, a witness may not refuse to
answer more questions on the same subject on the ground that such
answers would further incriminate. Rogers v. United States, 340 U.S.
367 (1951).

Immunity Procedures

A witness who refuses to testify before a congressional committee
on the basis of the privilege against self-incrimination may be
granted immunity by court order and, under certain conditions,
compelled to testify or provide information to the committee. 18 USC
Sec. Sec. 6002, 6005. Under the statute, the request for the court
order must have been approved by two-thirds of the entire membership
of the committee. The statute has been upheld as constitutional.
Application of U.S. Senate Select Committee on Presidential Campaign
Activities, 361 F. Supp. 1270 (D.D.C. 1973); see also 6 Cannon
Sec. 354.

Under the Rules of the House

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

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

Although the applicable rule permits witnesses to have counsel at
hearings to advise on constitutional rights, it is the witness, not
counsel, who has ultimate responsibility for protecting the witness's
rights and invoking

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the procedural safeguards guaranteed under the rules of the House. The
attorney for the witness may not, as a matter of right, present
argument or make demands on the committee. Deschler Ch 15 Sec. 14.3.

Sec. 26 . -- Proceedings Against Recalcitrant Witnesses

An individual who fails or refuses to comply with a House subpoena
may be cited for contempt of Congress. The Supreme Court has found the
subpoena power to be an ``indispensable ingredient'' of the
legislative powers granted to Congress by the Constitution. Eastland
v. United States Servicemen's Fund, 421 U.S. 491 (1975). Although the
Constitution does not expressly grant Congress the power to punish
witnesses for contempt, that power has been deemed an inherent
attribute of the legislative authority of Congress. See Anderson v.
Dunn, 19 U.S. 204 (1821). To supplement this inherent power, the
Congress in 1857 adopted an alternative statutory contempt procedure.
Under this statute, the House may certify to the appropriate U.S.
Attorney the witness's refusal to comply with a congressional
subpoena. House certification is effected by its adoption of a report
from the committee where the refusal took place. The contempt is
punishable by fine and imprisonment. 2 USC Sec. Sec. 192, 194. For
comprehensive discussion, see Contempt; Manual Sec. Sec. 293-299.

Sec. 27 . Media Coverage of Hearings and Meetings

Clause 4 of rule XI requires that open committee hearings and
meetings be open to audio, video, and photographic coverage by
accredited press representatives. Manual Sec. Sec. 807-812. The rule
also requires committees to adopt written rules to govern such
coverage within certain parameters set forth in the rule. Clause
2(e)(5) of rule XI provides that, to the maximum extent practicable,
committees shall provide audio and video coverage of each meeting or
hearing and make such coverage (and recordings thereof) easily
accessible to the public.

E. Committee Reports

Sec. 28 . In General

Necessity of Report; Chair's Duty to Report

Under clause 2 of rule XIII (first adopted in 1880), a bill
reported from a committee must be accompanied by a written report.
Manual Sec. 833. Reported bills that are not accompanied by a written
report are not placed on a calendar. 8 Cannon Sec. 2783.

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The report of a committee is in the nature of argument or
explanation. The report on a legislative measure does not itself come
before the House for amendment or other specific action. 4 Hinds
Sec. 4674; Deschler Ch 17 Sec. 58. The Speaker makes no determinations
as to the sufficiency of a report beyond specific requirements of
House rules. 2 Hinds Sec. 1339.
It is the duty of each committee chair to ``promptly'' report
measures approved by the committee to the House. Clause 2(b)(1) of
rule XIII; Manual Sec. 834. Under this rule, if the report on such a
measure is not filed by the chair of the committee, a majority of its
members may file a written request for the filing of the report.
Within seven calendar days (exclusive of the days on which the House
is not in session) after the filing of the request, the committee
report is to be filed. Excepted from this rule are certain reports of
the Committee on Rules and reports on resolutions of inquiry. Manual
Sec. 835.

Committee Authorization or Approval

When a committee concludes consideration of a bill, a motion to
order the measure reported is in order. 4 Hinds Sec. 4667. In this
respect, the House has adhered to the principle that the reporting of
a measure must be authorized by the committee acting together at a
formal meeting of the committee with a quorum present. Clause 2(h)(1)
of rule XI; Manual Sec. 407; 4 Hinds Sec. 4585; 8 Cannon
Sec. Sec. 2221, 2222, 2249.
Objection being made that the text of a report does not reflect
the actions of a committee, the question as to the reception of the
report may be submitted to the House. 4 Hinds Sec. 4591. If a bill is
held to be improperly reported, the bill is not entitled to a place on
the calendar. 4 Hinds Sec. 3117. After the House has voted to consider
a bill or after consideration has begun in the House, it is too late
to raise the question of authorization or to question the validity of
the committee's action in reporting the bill. 4 Hinds Sec. Sec. 4598,
4599; 8 Cannon Sec. Sec. 2223, 2225.
The rules of the House do not require that committees separately
approve legislative reports. A point of order that a committee did not
vote to approve a report as required by the rules of the committee is
properly made in committee and not in the House. Deschler Ch 17
Sec. 58.5.

Recommittal

The failure of a committee report to comply with the rules of the
House, such as the reporting requirements contained in rule XIII, may
result in automatic recommittal of the bill if a point of order is
sustained. See, e.g., 8 Cannon Sec. 2237. Under clause 3(a)(2) of rule
XIII, a committee may file a supplemental report to correct technical
errors in its initial report. Such

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supplemental report is subject to a new three-day availability under
clause 4(a) of rule XIII, except that a supplemental report only
correcting errors in the depiction of record votes under clause 3(b)
of rule XIII is not subject to such availability requirement. If the
bill is recommitted because of a defective report, further proceedings
are de novo and all committee formalities necessary to the first
report are likewise necessary to authorize a second report. 8 Cannon
Sec. 2221.

Adverse or Unfavorable Reports

A committee may report a bill adversely, even though the committee
originated the bill. Manual Sec. 832; 4 Hinds Sec. 4659. A committee
may also report a bill to the House with no recommendation for action.
4 Hinds Sec. Sec. 4661, 4662. If the committee is unable to agree on a
recommendation for action, it may submit a statement of this fact in
the report (4 Hinds Sec. 4665), in which case the report may include
minority views alone (2 Hinds Sec. 945) or simply set forth the
propositions representing the opposing contentions (3 Hinds Sec. 2497;
4 Hinds Sec. 4664). Motions to report favorably, unfavorably, or with
no recommendation have no priority over each other in committee and
are not in order as amendments to each other.

Multiple Reports; Supplemental Reports

The report of a committee must be confined to a single volume, and
ordinarily only one report is filed on each bill. Sec. 29, infra.
Indeed, it has been held that two reports may not be filed from the
Committee on Rules to accompany the same rule or order of business.
Deschler Ch 17 Sec. 58.2.
However, clause 3(a)(2) of rule XIII permits the filing of a
supplemental report to correct a technical error in a previous report,
and unanimous consent is not required. Deschler Ch 17 Sec. 64.1. The
authority to file a supplemental report to correct a technical error
in a previous report does not include the authority to file a
supplemental report (1) to correct the failure of a committee to
comply at all with the reporting requirements set forth in rule XIII
(such as the requirement to include a committee cost estimate); (2) to
change a statement of legislative intent contained in the initial
report (Deschler Ch 17 Sec. 64.1 (note)); (3) to include additional
views not timely submitted for inclusion with the report; or (4) to
outline substantive interpretations of a previously reported bill. In
those cases, unanimous consent is required for a committee to file a
supplemental report. In any case, a supplemental report is subject to
the three-day layover requirement under clause 4(a) of rule XIII
unless it only corrects errors in the depiction of record votes.
Clause 3(a)(2) of rule XIII.

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Reporting Bills with Amendments; ``Clean'' Bills

A committee may report a bill with sundry amendments for the
consideration of the House. Where a bill has been extensively amended
in the committee, its members may instruct the chair to incorporate
the changes into an amendment in the nature of a substitute or to
introduce a ``clean'' bill, which reflects the committee's action. If
the latter course is chosen, the new bill must be introduced through
the hopper. In either case, the committee cannot vote to report until
it has the perfected text before it. Deschler Ch 17 Sec. 23.6.

Sec. 29 . Form and Contents of Report

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

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

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

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

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

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

In addition, clause 3(f)(2)(A) requires an appropriation bill or
joint resolution to include separate headings for ``Rescissions'' and
``Transfers of Unexpended Balances'' contained in the bill or joint
resolution.
Clause 3(g) of rule XIII requires a report of the Committee on
Rules on a resolution proposing to repeal or amend a standing rule of
the House to include a ``Ramseyer'' comparison of the proposed text
with the existing rule. Sec. 30, infra.
Clause 3(h) of rule XIII requires a report of the Committee on
Ways and Means on a measure proposing to amend the Internal Revenue
Code of 1986 to include (or to be printed in the Congressional Record
by the chair of the Committee on Ways and Means before consideration)
a ``tax complexity analysis'' and a ``macroeconomic impact analysis''
prepared by the Joint Committee on Internal Revenue Taxation.
Reports are also required to contain identification and cost-
estimates of Federal mandates under the Unfunded Mandates Reform Act
of 1995 (Manual Sec. Sec. 843, 1127) and a description of the
applicability of the measure to the Legislative Branch under the
Congressional Accountability Act of 1995 (Manual Sec. 842). Under
clause 9 of rule XXI, a point of order lies against consideration of a
bill or joint resolution reported by a committee where the committee
report fails to include a list of congressional earmarks, limited tax
benefits, and limited tariff benefits contained in the measure (or a
statement that the measure contains no such provisions). For a more
detailed discussion of earmarks, see Budget Process.

Sec. 30 . Comparative Prints; The Ramseyer Rule

Generally

Clause 3(e) of rule XIII, the Ramseyer rule, was first
incorporated into the House rules in 1929. It was named for its
author, C. William Ramseyer. 8 Cannon Sec. 2234. This rule provides
that whenever a committee reports a measure repealing or amending a
statute, the committee report must include the text of the statute and
a comparative print showing the proposed omissions and insertions by
stricken-through type and italics, parallel columns, or other
appropriate typographical devices. The purpose of the rule is to in

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form Members of any changes in existing law by the proposed
legislation. Deschler Ch 17 Sec. 60.
The Ramseyer rule requires that the statute proposed to be amended
be quoted in the report; it is not sufficient that it is incorporated
in the bill. 8 Cannon Sec. 2238. However, a comparative print need
only be prepared for the affected part of the law. Deschler Ch 17
Sec. 60.6. If the bill amends existing law by the addition of a
proviso, the report should quote in full the section immediately
preceding the proposed amendment. 8 Cannon Sec. 2237.
Where a committee reports a bill with amendments, the comparative
print required by the rule must show the changes in existing law
proposed by the bill as amended, rather than by the bill as
introduced. Deschler Ch 17 Sec. 60.4. Where there has been a multiple
referral of a measure to two or more committees, each committee need
only depict the changes it recommends and not the changes recommended
by the other committees. Manual Sec. 816.

Application of Rule

To fall within the purview of the Ramseyer rule, a bill must
repeal or amend a statute directly, and a general reference to the
subject treated in a statute without the proposition of a specific
amendment is not sufficient. 8 Cannon Sec. 2235. Provisions in a bill
which merely waive certain statutory requirements or grant an
exemption therefrom are not specifically amendatory of existing law
and therefore are not subject to the Ramseyer rule requirements.
Deschler Ch 17 Sec. 60.7. Thus, the Ramseyer rule has been held
inapplicable to a joint resolution extending the period for State
ratification of a constitutional amendment submitted to the States,
where the resolution did not specifically change the deadline for
ratification, but merely extended the period ``notwithstanding'' any
provision in the prior law. 95-2, Aug. 15, 1978, p 26204. A point of
order will not lie against a committee report merely because the
comparative print required by the Ramseyer rule includes laws which
are not affected by the reported bill but which are included to give
full information to the Members. Deschler Ch 17 Sec. 60.3.
The Ramseyer rule is applicable whenever a committee reports a
bill repealing or amending ``a statute or part thereof.'' Manual
Sec. 846. Thus, the rule is not applicable to:

A bill changing the rules of evidence for the District of
Columbia courts. Deschler Ch 17 Sec. 6.8.
Bills discharged from a committee (as distinguished from bills
reported by a committee). Deschler Ch 17 Sec. 60.10.
Bills amending simple resolutions. 8 Cannon Sec. 2239.

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The Ramseyer rule is not applicable to reports accompanying simple
resolutions. 93-2, Sept. 30, 1974, p 32956. However, a Ramseyer-type
comparative print is required under clause 3(g) of rule XIII whenever
the Committee on Rules reports a resolution proposing to repeal or
amend a standing rule of the House or part thereof. This clause does
not apply to resolutions that merely provide temporary waivers of
rules during the consideration of particular legislative business and
does not apply to a resolution providing for the consideration of a
bill with textual modifications that would effect certain changes in
House rules on enactment of the bill into law but not itself repealing
or amending any rule. Manual Sec. 848.
The Ramseyer rule applies to general appropriation bills where
such bills include legislative provisions. 8 Cannon Sec. 2241. General
appropriation bills are also subject to a separate rule requiring that
the report contain a statement of the effect of any changes in
existing law. Clause 3(f) of rule XIII.

Substantial Compliance

A Ramseyer rule violation may occur even though the bill in
question proposes but one minor and obvious change in existing law. 8
Cannon Sec. 2236. Under the doctrine of substantial compliance,
however, the Speaker has overruled Ramseyer points of order on the
rationale that the committee had substantially complied with the
requirements of the rule and that deviations were minor and
inconsequential. Deschler Ch 17 Sec. Sec. 60.11-60.14. Thus, the
Speaker has upheld a report, even though it contained errors in
typography and punctuation and failed to indicate a relatively
insignificant date change. Deschler Ch 17 Sec. 60.14.

Points of Order

The point of order that a report fails to comply with the Ramseyer
rule is properly made when the bill is called up in the House and
before the House has resolved into the Committee of the Whole for its
consideration. 8 Cannon Sec. Sec. 2243, 2245; Deschler Ch 17
Sec. Sec. 60.15-60.18. The point of order does not lie in the
Committee of the Whole. Deschler Ch 17 Sec. 60.16. Thus, the proper
time to raise the point of order is when the motion is made to go
into, or the Speaker declares the House resolved into, the Committee
of the Whole to consider the bill. If that motion is withdrawn, the
Chair is not obliged to rule on the point of order. Manual Sec. 905.
When a point of order is raised that a report is in violation of the
Ramseyer rule, it is incumbent on the proponent of the point of order
to cite the specific statute which will be amended by the pending
bill. 8 Cannon Sec. 2246.

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Compliance with the Ramseyer rule may be waived by unanimous
consent or by a special order of business. Deschler Ch 17
Sec. Sec. 60.19, 60.20. However, a special order of business providing
for the consideration of a bill, unless specifically waiving points of
order, does not preclude the point of order that the report on such a
bill fails to comply with the Ramseyer rule. 8 Cannon Sec. 2245.

Recommittal; Supplemental Report

Technical defects in a Ramseyer may be remedied by a supplemental
report, which may be filed with the Clerk under clause 3(a)(2) of rule
XIII without unanimous consent. 8 Cannon Sec. 2247. Two remedies are
available to the Chair when a point of order for failure to comply
with the Ramseyer rule is sustained. The Chair may recommit the bill
to the respective committees reporting it. 8 Cannon Sec. 2237;
Deschler Ch 17 Sec. 60.2. This was the automatic remedy before the
adoption of clause 3(a)(2) of rule XIII. When a bill was recommitted
for failure to conform to the rule, further proceedings were de novo
and the bill was considered again and reported by the committee as if
no previous report had been made. 8 Cannon Sec. 2249. In the
alternative, the Chair may announce that consideration of the bill
must await the filing of a supplemental report under clause 3(a)(2) to
cure the defect. The latter remedy is most suitable where the
violation is merely technical.

Sec. 31 . Printing; Referral to Calendars

Generally

Unless a report is privileged for immediate consideration, it is
delivered to the Clerk for printing and reference to the proper
calendar under the direction of the Speaker. Manual Sec. 831; Sec. 33,
infra. Privileged reports are filed from the floor while the House is
in session and referred to the appropriate calendar and ordered
printed by the Speaker. Deschler Ch 17 Sec. 58.
For more discussion of referrals, including sequential referrals,
see Bills and Resolutions.

Adverse Reports

Under clause 2(a)(2) of rule XIII, a bill reported adversely is
laid on the table unless the reporting committee or a Member requests
the Clerk to refer the bill to a calendar. Nonprivileged reports on
resolutions adversely reported are not printed unless a request is
made that they be referred to a calendar. Deschler Ch 17 Sec. 59.1.
However, reports on resolutions of inquiry are privileged, are
reported as such (whether favorable or adverse) and are printed and
referred. Manual Sec. 864; see also Calendars.

[[Page 293]]

Correcting an Error

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

Sec. 32 . Supplemental, Minority, and Additional Views

The members of a committee who are in the minority may not present
a proposition of legislation but have the right to file views to
accompany the report. 4 Hinds Sec. Sec. 4601-4605. Unless filed with
the report, minority views may be presented only by consent of the
House. 4 Hinds Sec. 4600; 8 Cannon Sec. 2231.
Clause 2(l) of rule XI entitles a member of the committee who
gives notice to two additional calendar days to file with the clerk of
the committee supplemental, additional, or minority views. The member
must give notice at the time of the approval of the report. The right
to submit additional views inures to all members of the committee and
not simply the member who gives notice. The two calendar days begin
the day after the measure is ordered reported and do not count
Saturdays, Sundays, and legal holidays except when the House is in
session. Such views must be in writing and signed by the submitting
member. Manual Sec. 804. If one member makes a timely request for
filing views, all other members of the committee may submit views for
inclusion in the report within the two-day window. Deschler Ch 17
Sec. 64. Views may also be called ``separate,'' ``concurrent,'' or
``dissenting.''
Under clause 2(c) of rule XIII, views submitted under clause 2(l)
of rule XI must be included in, and must be part of, the report. Under
clause 3(a) of rule XIII, the cover of the report must recite the
inclusion of such views. When the two additional days guaranteed by
clause 2(l) of rule XI expire, the committee may arrange to file its
report with the Clerk not later than one hour after the expiration of
such time, even if the House is not in session. Clause 2(c) of rule
XIII.

Sec. 33 . Filing Reports

Nonprivileged reports are filed by delivering them to the Clerk
for reference to the calendars under the direction of the Speaker.
Manual Sec. 831. Privileged reports are filed from the floor and
referred to the appropriate calendar by the Speaker. Manual Sec. 853;
Deschler Ch 17 Sec. 58.

[[Page 294]]

Ordinarily, a committee report on a bill or other measure reported
to the House must accompany the reported measure. Manual
Sec. Sec. 831, 853. Except as provided in clause 2(c) of rule XIII, or
in the case of an expiring referral, unanimous consent is required to
file a committee report when the House is not in session, and such
permission may not be obtained by motion. Manual Sec. 418; Deschler Ch
17 Sec. 62; Sec. 32, supra. A special order of business may provide
committees with authority to file supplemental reports. 110-2, Apr.
23, 2008, p 6706.
The House may extend the time for a select committee to file a
report pursuant to a simple resolution (105-1, H. Res. 170, May 13,
1999, p 9499) or by agreement to a unanimous-consent request (94-2,
Aug. 2, 1976, p 25086). An extension of time to file has been given to
a joint committee pursuant to a joint resolution and to a unanimous-
consent request agreed to in each House. Deschler Ch 17
Sec. Sec. 62.10, 62.11.

Sec. 34 . Calling Up; Time to Report

Privileged and Nonprivileged Reports Distinguished

Certain committee reports may be called up as privileged under the
rules and precedents of the House. If privileged, a report may be
filed from the floor at any time; its consideration is preferential
and does not require a special order of business from the Committee on
Rules. Deschler Ch 17 Sec. 63. The report may be privileged even
though the measure in question is reported adversely. 6 Hinds
Sec. 413; 8 Cannon Sec. 2310; Deschler Ch 17 Sec. 63.3.
Privileged status is accorded to:

Reports on Presidential vetoes. Deschler Ch 17 Sec. Sec. 63.1,
63.2.
Reports on impeachments and matter incidental thereto.
Deschler Ch 17 Sec. 63.3.
Reports on questions involving the privileges of the House,
such as reports relating to the refusal of a witness to testify
or produce documents. Deschler Ch 17 Sec. Sec. 63.4-63.7.
Reports on resolutions of inquiry. 6 Cannon Sec. 404.
Reports by those committees specified by clause 5 of rule XIII
to report at any time on particular matters, subject to
applicable layover requirements. Manual Sec. 855.
Reports which may be reported at any time by specific
authorization of a House resolution. Deschler Ch 17 Sec. 63.10.
Reports on measures which may be reported at any time pursuant
to statute, as in the case of certain resolutions of
disapproval. Manual Sec. 1130; Deschler Ch 17 Sec. 63.11
(note).

As noted above, certain committees are, under clause 5 of rule
XIII, given leave to report at any time on matters particularized in
the rule. Man

[[Page 295]]

ual Sec. Sec. 853, 855. This privilege to report at any time does not
extend to matters not specified by the rule. 4 Hinds Sec. 4622; 8
Cannon Sec. 2286. The committees with leave to report at any time on
specified matters under this rule are shown in the table below:

Eligible
Matters
Committee and
Measures

Rules Rules,
joint
rules,
and the
order
of
busines
s.

Appropriations General
appropr
iation
bills,
certain
joint
resolut
ions
continu
ing
appropr
iations
, but
not
appropr
iations
for
specifi
c
purpose
s (8
Cannon
Sec. 2
285)

Budget Matters
under
titles
III and
IV of
the
Congres
sional
Budget
Act of
1974

House Administration Enrolled
bills;
electio
n
contest
s;
printin
g;
noncurr
ent
House
records
;
expendi
tures
of
applica
ble
account
s of
the
House

Ethics Certain
resolut
ions
recomme
nding
action
with
respect
to a
Member,
officer
, or
employe
e

The right to report at any time is said to carry with it the right
to consideration at any time (4 Hinds Sec. 3131), subject to
applicable layover requirements (see Sec. 35, infra). However, such
right does not exist when in conflict with other rules of the House. 8
Cannon Sec. 2291. Measures reported under a leave to report at any
time yield to matter enjoying a higher privilege in the order of
business, to questions of privilege (Manual Sec. 854; 6 Cannon
Sec. 557), and to measures already given a priority by a special order
of business (4 Hinds Sec. Sec. 3175, 3176).
Where a committee has been given the privilege of reporting at any
time with respect to a certain matter, it may report Senate bills as
well as House bills under the privileged status given. Deschler Ch 17
Sec. 63.10.
Generally, nonprivileged reports are made by delivering them to
the Clerk. Manual Sec. 831. Reports privileged under the rules must be
made from the floor. Manual Sec. 853; 4 Hinds Sec. 3146; 8 Cannon
Sec. Sec. 2230, 2233.

[[Page 296]]

Who May Call Up; Reading

A committee ordinarily authorizes its chair to submit and call up
its report. Manual Sec. 834; 4 Hinds Sec. 4669. The chair may do so
even though not concurring therein. 4 Hinds Sec. 4670. However, the
committee may authorize other members of the committee to present
reports, and under some circumstances minority members of the
committee have been ordered to present the report of the committee. 4
Hinds Sec. Sec. 4669, 4672, 4673; 8 Cannon Sec. Sec. 2314, 2315.
Reports are not normally read by the Clerk. However, in a few
cases, where a report does not accompany a bill or other proposition
of action, but presents facts and conclusions under consideration by
the House, it is read by the Clerk (such as the predicate for a
contempt resolution). Manual Sec. 422.

Withdrawal

The chair of a committee, having made a report to the House in
accordance with instructions from the committee, may not withdraw it
except by consent of the House. 4 Hinds Sec. 4690; 8 Cannon Sec. 2312.
When placed on the calendar, a bill is not subject to further
consideration by the committee reporting it. 8 Cannon Sec. Sec. 2218,
2307.

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

With certain exceptions, clause 4(a) of rule XIII requires that a
committee report on a measure or matter be available to Members for
three calendar days (excluding Saturdays, Sundays, and legal holidays,
unless in session) before the measure may be considered in the House.
The rule permits consideration of a measure on the third day a report
is available rather than on the fourth day following its availability.
Manual Sec. 850. The three-day rule runs anew from the time of
availability of a supplemental report to correct a technical error in
a previous report, except to correct errors in the depiction of record
votes. Clause 3(a) of rule XIII; Deschler Ch 17 Sec. 64.1. A measure
or matter made publicly available in electronic form at a location
designated by the Committee on House Administration is considered as
having been made available to Members. Clause 3 of rule XXIX.

[[Page 297]]

Clause 4 of rule XIII exempts the following from the three-day
layover requirement:

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

Points of order against consideration of a bill for failure of the
report thereon to be available for three days may be waived pursuant
to a resolution from the Committee on Rules (see, e.g., 106-1, H. Res.
136, Apr. 13, 1999, p 6284), which waiver may be called up the same
day reported from Committee on Rules without a two-thirds vote (clause
6(a)(2) of rule XIII).

Sec. 36 . Points of Order Relating to Reports

Generally

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

[[Page 298]]

Points of order as to reports on appropriation bills, see
Appropriations.

Waiving Points of Order

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

[[Page 299]]

CHAPTER 12
COMMITTEES OF THE WHOLE

HOUSE PRACTICE

A. Generally

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

B. Consideration and Debate in Committee

Sec. 9. In General; Quorums
Sec. 10. First Reading
Sec. 11. General Debate
Sec. 12. -- Closing General Debate
Sec. 13. Debate Under the Five-minute Rule; Amendments
Sec. 14. -- Pro Forma Amendments
Sec. 15. Relevancy in Debate
Sec. 16. Calling Members to Order
Sec. 17. Voting
Sec. 18. Points of Order
Sec. 19. Unfinished Business

C. Motions in Committee

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

D. Rising; Reporting to the House

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

[[Page 300]]

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

A. Generally

Sec. 1 . In General

Role and Functions; Historical Background

The Committee of the Whole has been described as an ancient
parliamentary institution, having been derived from the practice of
the English House of Commons. 4 Hinds Sec. 4705; Deschler Ch 19
Sec. 5. The Continental Congress frequently used the Committee of the
Whole for important business. The concept that the Committee of the
Whole should receive what were called ``the greater matters of
legislation'' has gradually resulted in the usage now crystallized in
clause 3 of rule XVIII, which requires the reference to its calendar
of all bills directly or indirectly raising revenue, general
appropriation bills, and public bills appropriating money or property.
See 4 Hinds Sec. 4705.
The Committee of the Whole meets to consider matters referred to
it under rules designed to expedite consideration and to allow greater
participation by Members. The Committee of the Whole is in this
respect comparable to a standing committee. 4 Hinds Sec. 4706. The
Committee of the Whole is never completely dissolved. The House merely
resolves into and out of Committee of the Whole, and bills remain on
its calendar until reported therefrom. 4 Hinds Sec. 4705.
Every Member of the House is a member of the Committee of the
Whole. However, the Committee may sit with a smaller number (100
Members) than is required to transact business in the House (218
Members). Clause 6(a) of rule XVIII. For a discussion of quorums
generally, see Quorums.

[[Page 301]]

Distinguishing the Committee of the Whole

The term ``Committee of the Whole'' refers to the ``Committee of
the Whole House on the state of the Union,'' which considers public
bills. Deschler Ch 19 Sec. 1. Prior to 1935, the term was also used to
refer to the ``Committee of the Whole House,'' which formerly
considered business on the Private Calendar. Since 1935, however,
bills on the Private Calendar have been considered in the ``House as
in the Committee of the Whole.'' Thus, the term ``Committee of the
Whole House'' has no application in the modern practice of the House
(Deschler Ch 19 Sec. 1) and was deleted from the rules when they were
recodified in 1999.

House as in the Committee of the Whole

When the House sits as in the Committee of the Whole, it does not
actually resolve into the committee; it sits ``as in'' Committee of
the Whole to allow consideration of bills under the five-minute rule
without general debate and with the bill considered as read and open
to amendment at any point. Manual Sec. Sec. 424, 427; 4 Hinds
Sec. 4924. This practice is permitted in the consideration of public
bills only by unanimous consent or pursuant to a special order of
business from the Committee on Rules. Manual Sec. 424. A motion that a
proposition be considered under that procedure is not in order. Manual
Sec. 424; 4 Hinds Sec. 4923.
The Speaker remains in the Chair, and a quorum of the House (and
not of the Committee of the Whole) is required. 6 Cannon Sec. 639. The
measure is considered to have been read for amendment, and is open to
amendment at any point. Manual Sec. 427. A motion to close debate on
the pending measure (or an amendment) is in order. Manual Sec. 427.
When the House is sitting as in the Committee of the Whole, it may
invoke many procedures that are not available to it when it is meeting
in the Committee of the Whole. Manual Sec. 427. For example, it may:

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

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

[[Page 302]]

Significance of the Mace

The position of the mace in the Chamber signifies to the Members
whether the House has resolved itself into the Committee of the Whole.
When the mace is in position on the higher pedestal at the Speaker's
right, the House is in regular session. When the Members begin
deliberations in the Committee of the Whole, the mace is placed on the
lower pedestal next to the desk of the Sergeant-at-Arms. Deschler Ch
19 Sec. 1.1.

Sec. 2 . Jurisdiction and Authority; Reference

Generally; Public Bills

Under clause 1(a)(1) of rule XIII, bills raising revenue, general
appropriation bills, and bills of a public character directly or
indirectly appropriating money or property are referred to the Union
Calendar and considered in the Committee of the Whole. See also clause
3 of rule XVIII. Where the purpose of a bill is to raise revenue, even
though that purpose is affected indirectly, the bill is within the
jurisdiction of the Committee of the Whole. 8 Cannon Sec. 2399.
Whether a bill should be referred to the Union Calendar is
governed by the text of the bill as introduced, and amendments
recommended by the committee reporting it are not considered. Thus, a
bill that includes a charge on the Treasury is referred to the Union
Calendar notwithstanding a committee amendment striking that charge. 8
Cannon Sec. 2392.

Measures Other Than Public Bills

Although the jurisdiction of the Committee of the Whole is devoted
primarily to the consideration of public bills, other matters are
sometimes referred to the Committee pursuant to House order. For
example, the annual message of the President is customarily referred
to the Committee of the Whole by motion. Propositions to change the
rules of the House have been considered in Committee of the Whole
pursuant to a special order of business. 4 Hinds Sec. 4822; Deschler
Ch 21 Sec. 21.15.

Referrals; Effect of Special Orders of Business

Measures referred by the Speaker to the Union Calendar for
consideration in the Committee of the Whole are considered therein
under special orders of business reported by the Committee on Rules or
by the standing rules applicable to the Committee of the Whole. See
rule XVIII.
The Committee has no authority to change an order of the House
governing the consideration of a particular measure in the Committee
of the Whole, although minor modifications may be accomplished by
unanimous

[[Page 303]]

consent. Manual Sec. 993; see also Special Orders of Business. Thus,
where the Committee of the Whole is considering a bill under a special
order of business that fixes the time for debate and the amendments
that may be offered, a Member may not be recognized to seek unanimous
consent to offer a measure that is beyond the scope of the special
order of business (4 Hinds Sec. Sec. 4712, 4713) or to extend the time
for general debate as fixed thereby (5 Hinds Sec. Sec. 5212-5216).
Bills are sometimes referred to the Committee of the Whole as a
result of action in the House resulting in its recommittal thereto
(Manual Sec. 988; 4 Hinds Sec. 4784) or in unusual situations pursuant
to a motion to recommit in the House either with or without
instructions (5 Hinds Sec. Sec. 5552, 5553).

Presidential Messages

The President's state of the Union message is referred by motion
to the Committee of the Whole. See, e.g., 106-2, Jan. 27, 2000, p 162;
112-1, Jan. 25, 2011, p __. Other Presidential messages are normally
referred to the committee having jurisdiction by order of the Speaker.
Manual Sec. 873. At one time, annual messages of the President were
referred to and reported by the Committee of the Whole with
recommendations for reference to the proper standing or select
committee, but this practice was discontinued in the 64th Congress. 8
Cannon Sec. 3350.

Limitations on Authority

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

Appoint, authorize, or discharge committees. 4 Hinds
Sec. Sec. 4697, 4710.
Entertain the question of consideration (7 Cannon Sec. 952)
except pursuant to those provisions of the Congressional Budget
Act and the Statutory Pay-As-You-Go Act of 2010 that permit the
question of consideration in the disposition of certain points
of order (Manual Sec. Sec. 910, 991).
Transact proceedings regarding words demanded to be taken down
in debate. 2 Hinds Sec. Sec. 1257-1259; 8 Cannon Sec. 2539.
Recess without permission of the House (5 Hinds
Sec. Sec. 6669-6671), except in case of emergency (clause
12(b)(2) of rule I).
Instruct conferees. 8 Cannon Sec. 2320.
Consider questions of privilege under rule IX. Manual
Sec. 711; 2 Hinds Sec. 1657; Deschler Ch 11 Sec. 4.3.
Authorize extraneous matter to be included in the
Congressional Record. Manual Sec. 688.

Similarly, unanimous-consent requests may not be entertained in
the Committee of the Whole if they materially alter procedures
required by a

[[Page 304]]

special order of business or other order adopted by the House. For
example, the Committee of the Whole may not:

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

Manual Sec. 993.

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

[[Page 305]]

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

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

Manual Sec. 993.

Authority to Originate Measures

In the early practice, the Committee of the Whole could consider a
matter even though the matter had not been referred to it by the
House. 4 Hinds Sec. 4705. Today, the Committee of the Whole no longer
originates measures, but receives only such measures as have been
referred to it, usually by way of a special order of business. Manual
Sec. 326; 4 Hinds Sec. 4707. Under this practice, the House may not
resolve into the Committee of the Whole for the purpose of originating
a measure except by unanimous consent. Manual Sec. 412. Absent an
appropriate referral, the Committee of the Whole may not report a
recommendation, that, if carried into effect, would change a rule of
the House. 4 Hinds Sec. Sec. 4907, 4908.

[[Page 306]]

Conference Reports

Conference reports are considered in the House rather than in the
Committee of the Whole, and this is so notwithstanding a point of
order that the report contains matter ordinarily requiring
consideration in the Committee. 5 Hinds Sec. Sec. 6559, 6561.

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

Generally

Clause 3 of rule XVIII specifies the matters that must be
considered in the Committee of the Whole before consideration in the
House. The matters so specified include all motions or propositions
involving a tax or charge upon the people, all proceedings involving
appropriations of money or property, requiring such appropriation to
be made, or authorizing payments out of appropriations already made.
Also included within the rule are bills releasing any liability to the
United States for money or property, or referring any claim to the
Court of Claims. A point of order under this rule may be raised at any
time before the consideration of a bill has commenced.
The consideration of a measure by unanimous consent waives any
requirement as to consideration in Committee of the Whole. 4 Hinds
Sec. 4823; 8 Cannon Sec. 2393. Similarly, the effect of a special
order of business may be to discharge the Committee of the Whole and
bring the bill directly before the House. Manual Sec. 973. In the
modern practice, special orders of business reported from the
Committee on Rules often provide for consideration of a measure on the
Union Calendar in the House where no amendments, or only one
amendment, are made in order. See, e.g., 107-1, H. Res. 199, Apr. 26,
2001, p 6299.
The requirement of clause 3 of rule XVIII is that the class of
business specified by the rule must be ``first'' considered in the
Committee of the Whole. Manual Sec. 973. It follows that a bill
considered in the Committee of the Whole, reported to the House, and
then recommitted by the House to a standing committee, is not, when
again reported to the House, necessarily subject to the point of order
that it must be considered in Committee of the Whole. Manual Sec. 973;
4 Hinds Sec. 4828; 5 Hinds Sec. Sec. 5545, 5546.

Measures Requiring Consideration in the Committee of the Whole

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

Increasing the rate of postage. 4 Hinds Sec. 4861.
Creating a new Federal office. 4 Hinds Sec. 4846.

[[Page 307]]

Authorizing an undertaking by a government agency that will
incur an expense, however small, to the government. 8 Cannon
Sec. 2401.
Requiring an expenditure with some probability. Deschler Ch 19
Sec. 1.
Setting in motion a chain of circumstances destined ultimately
to involve certain expenditures. 4 Hinds Sec. 4827; 8 Cannon
Sec. 2399.

Measures Not Requiring Consideration in the Committee of the Whole

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

Not directly making an appropriation of money or requiring one
to be made. 4 Hinds Sec. 4856.
Making an expenditure that is to be borne otherwise than by
the Federal Government. 4 Hinds Sec. 4831.
Proposing an amendment to the Constitution to extend the term
of office of certain officials. 8 Cannon Sec. 2395.

Sec. 4 . -- Amendments Between the Houses

Clause 3 of rule XVIII, requiring that any proposition involving a
tax or an appropriation of money or property must be considered in the
Committee of the Whole, is applicable to Senate amendments to House
measures. Sec. 3, supra. Accordingly, where a House bill returned with
Senate amendments involving a new matter of appropriation has been
referred by the Speaker to a standing committee, it is, upon being
reported therefrom, referred to the Committee of the Whole. Manual
Sec. 874; 4 Hinds Sec. Sec. 3094, 3108-3110. Similarly, a House
amendment to a Senate amendment is subject to clause 3. 4 Hinds
Sec. 4795. Normally, such Senate and House amendments are not referred
to committee, but are held at the Speaker's desk (pursuant to the
Speaker's discretionary authority under clause 2(b) of rule XIV) for
disposition by the House. Manual Sec. Sec. 874, 1073.
The question as to whether a Senate amendment involves a tax or an
appropriation so as to require consideration in Committee of the Whole
is applied to each amendment received from the Senate. The fact that
the original House bill was considered in Committee of the Whole is
not taken into consideration in determining this question. 8 Cannon
Sec. 2381.
A Senate amendment to a House bill is subject to the point of
order that it must first be considered in the Committee of the Whole
if, had it originated in the House, the amendment would be subject to
that point of order. Clause 3 of rule XXII; Manual Sec. 1072. Hence, a
Senate amendment that on its face places a charge on the Treasury must
be considered in Committee of the Whole absent proof to the contrary.
8 Cannon Sec. 2387. However, a Senate amendment that merely modifies a
House proposition, such

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as an increase or decrease in the amount of an appropriation and that
does not involve a new and distinct expenditure, is not required to be
considered in the Committee of the Whole. Manual Sec. 1073; 4 Hinds
Sec. Sec. 4797, 4800; 8 Cannon Sec. Sec. 2382, 2385. Moreover, the
requirement that certain Senate amendments be considered in the
Committee of the Whole applies only before the stage of disagreement
has been reached on the Senate amendment (and not thereafter), and it
is too late to raise a point of order that Senate amendments should
have been considered in the Committee after the House has disagreed
thereto and the amendments are reported from conference in
disagreement. Manual Sec. Sec. 1073, 1074. The fact that one of
several Senate amendments must be considered in Committee does not
prevent the House from proceeding with the disposition of those not
subject to the point of order. 4 Hinds Sec. 4807.
The requirement of clause 3 of rule XXII that the amendment be
``first considered'' in the Committee of the Whole does not apply if
the House has agreed to a special order of business providing that the
amendment is ``hereby'' considered as adopted. Manual Sec. 1073; see,
e.g., 103-1, H. Res. 71, Feb. 4, 1993, p 2500.

Sec. 5 . Resolving Into the Committee of the Whole

Generally; Declaration by Speaker

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

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Resolving Automatically Into the Committee of the Whole

The House automatically and without motion resolves itself into
the Committee of the Whole to consider a measure:

When a special order of business from the Committee on Rules
provides for the immediate consideration of the measure in the
Committee of the Whole. 7 Cannon Sec. Sec. 783, 794; Deschler
Ch 19 Sec. 4.1.
After the Speaker has ruled on words taken down in the
Committee of the Whole. Deschler Ch 19 Sec. 4.8.
After a recommendation of the Committee of the Whole that the
enacting clause of the measure be stricken is rejected by the
House. Deschler Ch 19 Sec. 10.9.
When a bill on the Union Calendar is timely called up (or is
the unfinished business) on Calendar Wednesday. Manual
Sec. 901; 7 Cannon Sec. Sec. 939, 940, 942.

Sec. 6 . -- By Motion

Although rarely used in recent years, the House may resolve into
Committee of the Whole pursuant to motion (Deschler Ch 19 Sec. 4), as
follows:

Member: M_. Speaker, I move that the House resolve itself into the
Committee of the Whole House on the state of the Union for the
[further] consideration of _____.

This motion is listed eighth in the daily order of business.
Manual Sec. 869. However, the motion is usually given more
preferential status by the adoption of a special order of business
reported from the Committee on Rules. Deschler Ch 19 Sec. 4. Where a
motion that the House resolve itself into the Committee of the Whole
is pending, the motion that the Committee be discharged and that the
bill be laid on the table is not preferential and not in order.
Deschler Ch 19 Sec. 4.13. The question of consideration may not be
raised against the motion to resolve into the Committee, for the
motion to resolve is itself a test of the will of the House on
consideration. Deschler Ch 19 Sec. 4.10.
A Member may withdraw a motion that the House resolve itself into
the Committee of the Whole at any time before the motion is acted
upon. Deschler Ch 19 Sec. 4.11.
A motion to resolve into the Committee of the Whole to consider
general appropriation bills and continuing appropriations after
September 15 is privileged under clause 5 of rule XIII, if called up
by direction of the Committee on Appropriations. Manual Sec. Sec. 853,
856. The motion is neither debatable nor amendable (4 Hinds
Sec. 3078), is not subject to a demand for the previous question (4
Hinds Sec. 3077), and may not be laid on the table or indefinitely
postponed (6 Cannon Sec. 726). Although highly privileged, the mo

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tion does not take precedence over a motion to reconsider or a motion
to change the reference of a bill. 4 Hinds Sec. 3087; 7 Cannon
Sec. 2124.

Former Practices

Prior to 1975 the use of the motion to consider revenue bills in
the Committee of the Whole was of equal privilege, but there no longer
is a privileged status for that motion. Manual Sec. 856; Deschler Ch
19 Sec. 4 (note 17).
Some procedures regarding consideration of business in the
Committee of the Whole are seldom used in modern practice. After
refusing to go into Committee of the Whole to consider a particular
bill, the House may then consider business prescribed by the regular
order. 4 Hinds Sec. 3088. Thus, the House may reach legislation of
lesser privilege by rejecting the motion to resolve into the Committee
of the Whole to consider an appropriation bill. Deschler Ch 19
Sec. 4.4. Nonprivileged matters are considered in the Committee of the
Whole pursuant to a special order of business from the Committee on
Rules or pursuant to a unanimous-consent request.
Under an earlier practice found in clause 4 of rule XVIII, the
Committee of the Whole can determine its own order of business unless
the House so determines, with general appropriation bills taking
precedence.

Sec. 7 . The Chair

The chair of the Committee of the Whole is appointed by the
Speaker. Manual Sec. 970. Following a custom of the British
Parliament, the House requires the Speaker ``in all cases'' to leave
the chair after appointing the chair of the Committee of the Whole.
Manual Sec. 970; Deschler Ch 19 Sec. 5. Where the Member named by the
Speaker to act as Chair is unavailable, the Speaker may ask another
Member to assume the chair as acting Chair. Where the Member appointed
to preside over the Committee of the Whole is female, the proper form
of address is ``Madam Chair.'' Deschler Ch 19 Sec. 5.3.
In general, the Chair recognizes for debate and decides questions
of order arising in the Committee of the Whole independently of the
Speaker. Deschler Ch 19 Sec. 5.1. Where words are ``taken down'' in
debate, the Chair reports them to the Speaker, who rules on their
admissibility. Otherwise, points of order relating to procedure in the
Committee of the Whole are decided by the Chair (Manual Sec. 961; 5
Hinds Sec. 6927; Sec. 16, infra) and are subject to appeal (5 Hinds
Sec. 6928; Deschler Ch 19 Sec. 9.1). In exceptional cases, the
Committee of the Whole may rise and report the question to the House.
4 Hinds Sec. 4783.

[[Page 311]]

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

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

The functions of the chair of the Committee of the Whole are not
unlimited; certain determinations are reserved to the Speaker, the
House, or the Committee itself. Manual Sec. 971. Thus, the Chair does
not:

Decide whether the Committee may sit in executive session
(reserved to the House). Deschler Ch 19 Sec. 7.18.
Entertain unanimous-consent requests to materially alter an
order of the House governing the consideration of a measure in
the Committee of the Whole. Manual Sec. 993.
Respond to inquiries concerning the legislative schedule
outside the Committee of the Whole (97-2, July 29, 1982, p
18605); including whether or when a pending bill will be taken
up again after the Committee rises (Deschler Ch 19
Sec. Sec. 7.14, 7.15).
Rule on procedural questions that may arise when a bill is
reported back to the House (Deschler Ch 19 Sec. 7.10) or
predict what action may take place in the House after the
Committee of the Whole rises (Deschler Ch 19 Sec. 7.9).
Consider a question that had arisen in the House just before
the Committee began to sit. Manual Sec. 971.
Interpret the application of a rule of the House that sets
forth the vote required to adopt a resolution in the House.
Deschler Ch 19 Sec. 7.13.
Determine whether the House can rescind a time limitation
imposed by the Committee. Deschler Ch 19 Sec. 7.12.
Determine the privileges of a Member under general ``leave to
print.'' 5 Hinds Sec. 6988.

For examples of limitations on the authority of the Committee of
the Whole, see Manual Sec. 993; Sec. 2, supra. For the practice
governing the Chair in deciding points of order and responding to
parliamentary inquiries (both Speaker and chair of the Committee of
the Whole), see Points of Order; Parliamentary Inquiries; Manual
Sec. Sec. 628, 628a.

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B. Consideration and Debate in Committee

Sec. 9 . In General; Quorums

Generally

The conditions under which a particular measure is to be
considered and debated are ordinarily determined pursuant to a special
order of business from the Committee on Rules or other House order.
The Committee of the Whole may not set aside or materially modify such
an order, even by unanimous consent. Manual Sec. 993.

Quorum Requirements

Until 1890 a quorum of the Committee of the Whole was the same as
a quorum of the House. Manual Sec. 329. In that year a rule was
adopted fixing a quorum of the Committee of the Whole at 100 Members.
Manual Sec. 982. Where the Chair has announced the absence of a quorum
in the Committee of the Whole, no further business may be conducted
until a quorum is established. Manual Sec. 982. When a vote is taken
in Committee of the Whole notwithstanding the absence of a quorum, a
timely point of order having been made, the vote is invalid. 6 Cannon
Sec. Sec. 676, 677. However, a quorum is inferred (or presumed) if no
question is raised with respect thereto; that is, a quorum is presumed
to be present unless otherwise determined. See 4 Hinds Sec. 2895; 6
Cannon Sec. Sec. 565, 624.
Under the modern practice, when a Committee of the Whole finds
itself without a quorum and a timely point of order is made, the Chair
directs that the Members record their presence by electronic device.
Manual Sec. 982. It is a quorum of the Committee of the Whole--100
Members--and not a quorum of the House that must appear. Deschler Ch
20 Sec. 7.1. In ascertaining the presence of a quorum, the Chair
includes those Members present but not voting as well as those voting.
6 Cannon Sec. Sec. 641, 671; Deschler Ch 20 Sec. 7.7.
Where, following a timely point of order, the Chair announces that
a quorum is not present, a motion that the Committee of the Whole rise
is in order and does not require a quorum for adoption. 8 Cannon
Sec. 2369; Deschler Ch 20 Sec. 7.13. If a quorum develops on a
negative vote on the motion to rise, the Committee of the Whole
proceeds with its business. 6 Cannon Sec. Sec. 670, 671; 8 Cannon
Sec. 2369. For a discussion of motions to rise generally, see
Sec. Sec. 26-28, infra.
Clause 6 of rule XVIII sharply limits the circumstances under
which a point of order of no quorum may be raised once the House has
resolved into Committee. After a quorum has been established in the
Committee of the Whole on any given day (by quorum call or recorded
vote), the Chair

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may not thereafter entertain a point of order that a quorum is not
present unless (1) the Committee of the Whole is operating under the
five-minute rule (which has been interpreted to include any
``modified-closed'' amendment process under the terms of a special
order of business) and (2) the Chair has put the pending motion or
proposition to a vote. Manual Sec. 982. During general debate, there
is no requirement of a quorum; but the Chair is given the discretion
to recognize for a point of order of no quorum. Clause 6(b)(1) of rule
XVIII.
The Chair must entertain a point of order of no quorum during the
five-minute rule if a quorum has not yet been established in the
Committee of the Whole on the bill then pending; the fact that a
quorum of the Committee has previously been established on another
bill on that day is irrelevant. Manual Sec. 982. This precedent
applies even when a measure is considered in the Committee of the
Whole under a modified-closed rule that specifies the amendments that
may be offered and establishes the time for their debate, such rule
declaring the measure read for amendment under the five-minute rule.
Where a recorded vote on a prior amendment or motion during the five-
minute rule on that bill on that day has established a quorum, a
subsequent point of order of no quorum during debate is precluded
except by unanimous consent. Manual Sec. 982.

Sec. 10 . First Reading

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

Sec. 11 . General Debate

Control by the House

The duration and allocation of time for general debate in
Committee of the Whole is controlled by the House, not the Committee.
91-2, Dec. 17, 1970, p 42222. The Committee may not, even by unanimous
consent, extend the general debate time as fixed by the House. Manual
Sec. Sec. 979, 993.
The control of the House over general debate time in the Committee
of the Whole may be exercised through a unanimous-consent request or
through the adoption of a special order of business from the Committee
on Rules. See, e.g., Deschler-Brown Ch 29 Sec. Sec. 76.1, 76.7. Where
the House has

[[Page 314]]

divided general debate time among certain Members, it is not in order
for a Member to whom time has been yielded to ask unanimous consent
for additional time because time is controlled by those to whom it is
allotted by the House and is not subject to extension by the Committee
of the Whole. Manual Sec. 979. However, time may be reallocated by
unanimous consent among committees controlling debate time pursuant to
an order of the House.
When the House has vested control of general debate in the
Committee of the Whole in certain Members, their control may not be
abrogated during that debate by another Member moving to rise, unless
one of them yields for that purpose, nor may Members yielded time in
general debate yield to another for such motion. Manual Sec. 334.

The Hour Rule

In the absence of a House order limiting general debate in
Committee of the Whole, debate in the Committee of the Whole is under
the hour rule. A Member having control of such time may not consume
more than one hour. Manual Sec. 978.
Prior to 1841 there was no limit on the time that a Member might
occupy when in possession of the floor in the Committee of the Whole.
This practice hindered the ability of the Committee of the Whole to
complete action on bills. 5 Hinds Sec. 5221. In that year the rule of
the House that no Member could speak for more than one hour was
applied to the Committee of the Whole. Manual Sec. Sec. 957, 978. This
one-hour limitation applies to each Member recognized to speak in the
Committee of the Whole. Deschler Ch 19 Sec. 15. However, a Member
recognized for one hour of debate may yield time to a Member who has
just occupied an hour. 8 Cannon Sec. 2470.

Yielding Time

Members managing general debate under the hour rule in Committee
of the Whole may yield any portion of their time to another Member,
who may in turn yield to a third Member while remaining standing. 8
Cannon Sec. 2553. Of course, if the first Member retains control of
the floor, yielding to a second Member only for a question, it is the
first Member who would subsequently yield to a third. Deschler Ch 19
Sec. 15. Conversely, where a matter is being debated pursuant to a
special order of business vesting control of the time for debate in
certain Members, one of those Members may yield a specific block of
time to a second Member, in which case the second Member may yield to
a third (although not a block of time) while remaining standing, and
permission of the first Member is not necessary. Deschler Ch 19
Sec. 15.

[[Page 315]]

Members may speak in general debate on a bill as many times as
they are yielded to by those in control of the debate. Manual
Sec. 959; Deschler Ch 19 Sec. 15.8. Those in control of such debate
time may yield as many times as they desire to whom they desire.
Deschler Ch 19 Sec. 15.4.

Sec. 12 . -- Closing General Debate

The right to close general debate inures to the majority manager
of the primary committee who has opened. Manual Sec. 979. General
debate in Committee of the Whole is closed or terminated pursuant to
an order of the House or sooner if no Member desires to participate
further. Manual Sec. 978; 4 Hinds Sec. 4745; 5 Hinds Sec. 5221.
Amendments may not be offered in the Committee of the Whole until
general debate has been closed or yielded back, and motions for the
disposition of the pending bill are not in order before that time. 4
Hinds Sec. Sec. 4744, 4778; 5 Hinds Sec. 5221. However, those Members
in control of the time for general debate need not use all of the time
for the purpose prescribed by House order. Rather, they may agree
among themselves to close further general debate, yield their
remaining time, and allow consideration of the bill under the five-
minute rule to begin. Deschler-Brown Ch 29 Sec. 76.1.
For general discussion of the practice of limiting or closing
general debate, see Consideration and Debate.

Sec. 13 . Debate Under the Five-minute Rule; Amendments

Generally

Amendments to measures pending in Committee of the Whole are in
order following the close of general debate. Deschler Ch 19 Sec. 15.
Amendments are offered under the so-called five-minute rule. This rule
provides that any Member ``shall be allowed'' five minutes to explain
any amendment such Member may offer, after which the Member who first
obtains the floor is allowed five minutes to oppose it. Manual
Sec. Sec. 978, 980. Thereafter, a Member may obtain five minutes for
debate by offering a pro forma amendment ``to strike the last word.''
No actual change in text is contemplated by the offering of such
amendment. Manual Sec. 981. For a discussion of pro forma amendments
generally, see Sec. 14, infra.
The Committee of the Whole may not, even by unanimous consent,
prohibit the offering of an amendment otherwise in order under the
five-minute rule. 98-2, July 31, 1984, p 21701. To guard against abuse
of the rule by Members offering an amendment for the sole purpose of
gaining debate time (5 Hinds Sec. 5221), the rule also provides that
amendments may be withdrawn only by unanimous consent. Manual
Sec. 978.

[[Page 316]]

The five-minute rule is applicable to amendments that are offered
to amendments. Manual Sec. 978. However, where an amendment to a bill
has been offered, the right to explain or oppose that amendment has
precedence over a motion to amend it. 4 Hinds Sec. 4751.
Under the modern practice of the House, bills increasingly are
considered in the Committee of the Whole under a ``modified-closed''
amendment process. Such process vitiates, in part, the five-minute
rule by considering the bill as having been read for amendment,
restricting amendments that may be offered, and by limiting and
controlling debate time on amendments made in order.
Limiting or closing five-minute debate, see Consideration and
Debate.

Yielding Time During Five-minute Debate

Members who have been recognized for debate under the five-minute
rule may not yield time to another Member and then be seated. 100-1,
Dec. 10, 1987, p 34686. Although Members recognized in debate under
the rule may yield to other Members while remaining on their feet,
they may not yield designated amounts of time. 5 Hinds Sec. Sec. 5036,
5037; Deschler Ch 19 Sec. 15. They may not yield to another Member to
offer an amendment. 93-1, Dec. 14, 1973, p 41716; 94-2, Sept. 8, 1976,
p 29243.
Where debate on an amendment is limited or allocated by a special
order of business, or by the Chair, to a proponent and an opponent,
the Members controlling the debate may yield and reserve time; but
debate time on an amendment under the five-minute rule cannot be
reserved. Manual Sec. 980.

Reading for Amendment

In Committee of the Whole, bills are read for amendment by section
pursuant to a practice dating from 1789, because each section normally
contains a substantive legislative provision. Manual Sec. 980. General
appropriation bills, on the other hand, are ordinarily read by
paragraphs, because such bills are normally drafted so that each
paragraph contains an appropriation. However, whether a bill shall be
read by paragraphs, sections, or titles is determined by unanimous
consent or special order of business reported by the Committee on
Rules, which may provide that the bill is to be ``considered as read''
and open to amendment at any point. Changing the reading cannot be
accomplished by motion. Manual Sec. 980; Deschler Ch 21 Sec. 25.
When a paragraph or section has been passed in the reading, it is
not in order to return thereto except by unanimous consent. Manual
Sec. 980. How

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ever, the Chair may direct a return to a section where, through
inadvertence, no action was taken on a pending amendment. 4 Hinds
Sec. 4750.

Sec. 14 . -- Pro Forma Amendments

Generally

Pro forma amendments have been permitted in the Committee of the
Whole since at least as early as 1868, when they were used during the
consideration of articles of impeachment against President Andrew
Johnson. 5 Hinds Sec. 5778. Pro forma amendments are those offered
during debate under the five-minute rule to make some ostensible
change in a measure--by tradition ``to strike the last word''--where
the underlying purpose is to obtain time for debate or to offer an
explanation, no actual change in the measure being contemplated.
Manual Sec. 981; Deschler Ch 19 Sec. 15.

When in Order

Like substantive amendments, pro forma amendments are in order
following the reading of a section or paragraph of the pending measure
and are liberally permitted during debate under the five-minute rule.
See Amendments. A Member who has expended five minutes on a pro forma
amendment may not lengthen this time by making another pro forma
amendment at that point in the reading. 5 Hinds Sec. 5222; 8 Cannon
Sec. 2560; Deschler Ch 19 Sec. 15. A Member who has offered a
substantive amendment and then debated it for five minutes may not
extend the time by offering a pro forma amendment, as it is not in
order to amend one's own amendment except by unanimous consent. Manual
Sec. 981. Conversely, a Member recognized on a pro forma amendment may
not automatically extend the time by offering a substantive amendment,
not having been recognized for that purpose. Deschler Ch 19
Sec. 15.11.
Pro forma amendments are not in order when a bill is being
considered under a ``closed'' or ``modified-closed'' rule prohibiting
all amendments or permitting only certain amendments, unless the rule
specifies to the contrary. Deschler-Brown Ch 29 Sec. 77.20. Similarly,
the offering of a pro forma amendment requires unanimous consent after
a substitute has been adopted and before the vote on the amendment, as
amended, because the amendment has been amended in its entirety; and
no further amendments, including pro forma amendments, are in order.
Manual Sec. 981.

Sec. 15 . Relevancy in Debate

Latitude in general debate is normally limited by a special order
of business from the Committee on Rules or other order of the House,
which

[[Page 318]]

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

Sec. 16 . Calling Members to Order

Jefferson suggested that, as a matter of parliamentary law, to
avert the ``danger of a decision by the sword'' in the Committee of
the Whole, the Speaker could take the Chair to restore order. Manual
Sec. 331. In several early instances, the Speaker did in fact exercise
this authority. 2 Hinds Sec. Sec. 1648-1652. Under the modern
practice, the Chair directs the Committee of the Whole to rise and
report to the House when objections have been made to words spoken in
debate. Manual Sec. 971; Cannon Sec. Sec. 2533, 2538; Deschler Ch 19
Sec. 17.
Under this procedure, a Member must be seated when called to order
by the Chair. Deschler Ch 19 Sec. 17.1. The Chair or any Member may
cause the words to be taken down at the Clerk's desk and read in the
Committee of the Whole, which then rises automatically without debate.
8 Cannon Sec. Sec. 2533, 2538, 2539. The words are then reported to
the House and are again read. 2 Hinds Sec. Sec. 1257-1259. The words
reported are then taken up in the House, with consideration being
limited to the words reported. 8 Cannon Sec. 2528. The Member uttering
the words may withdraw them in the Committee of the Whole or in the
House only by unanimous consent. 8 Cannon Sec. Sec. 2528, 2538, 2540;
Deschler Ch 19 Sec. 17.7. If the words are not withdrawn, the Speaker
rules on whether the words are unparliamentary (Deschler Ch 19
Sec. 17.5), and such ruling is subject to appeal (Manual
Sec. Sec. 629, 961; 5 Hinds Sec. Sec. 5157, 5178, 5194; Deschler-Brown
Ch 29 Sec. 50.8). Withdrawal of a demand that words be taken down is a
matter of right and does not require unanimous consent.
If a Member's words are ruled out of order, motions in the House
to strike unparliamentary words from the Record and to permit the
offending Member to proceed in order are available before the
Committee of the Whole resumes its sitting. Instances of disorder
during debate in the Committee of the Whole may be disposed of in the
House pursuant to a motion to expunge the offending language from the
Record (8 Cannon Sec. Sec. 2538, 2539) or, in especially flagrant
instances, pursuant to a resolution of censure (2 Hinds
Sec. Sec. 1257, 1259). However, censure is not a remedy available for
words spoken if debate or business has intervened. Clause 4(b) of rule
XVII.

[[Page 319]]

After disposition of the matter in the House, the Committee of the
Whole automatically resumes its sitting. Manual Sec. 961; 8 Cannon
Sec. 2541; Deschler Ch 19 Sec. 17.5.
For general discussion of disorder in debate, see Consideration
and Debate.

Sec. 17 . Voting

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

Voice vote--Based on volume of sound of Members responding aye
or no. Clause 6 of rule I; Manual Sec. 630.
Division (or standing) vote--May be invoked by the Chair or
any Member, and is in order following a voice vote. Under this
procedure, Members stand to be counted, first those voting in
the affirmative, then those voting in the negative. Clause 1 of
rule XX; Manual Sec. 1012.
Recorded vote--The Members insert a personalized electronic
voting card to be recorded as ``yea,'' ``nay,'' or ``present.''
The request for such a vote must be supported by at least 25
Members. A recorded vote may be preceded by a point of order of
no quorum, which requires the Chair to first count for 100
Members. Clause 6 of rule XVIII; Manual Sec. Sec. 982, 983. The
Chair's count is not subject to challenge. Manual Sec. 629.
Record vote by tellers or a ``roll call''--During a record
vote by tellers, the Members cast their votes by depositing a
signed green (yea) or red (no) card in a ballot box. Clause 4
of rule XX; Manual Sec. 1019. During a ``roll call'' the Chair
directs the Clerk to call the roll alphabetically. Clause 3 of
rule XX; Manual Sec. 1015. These procedures have been
supplanted by the use of the electronic voting equipment and
are used primarily as a backup voting system when that
equipment becomes inoperative.

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

[[Page 320]]

Sec. 18 . Points of Order

Generally

In Committee of the Whole, questions of order relating to
procedure (except for words taken down) are decided by the Chair, not
the Speaker. Manual Sec. 971; 5 Hinds Sec. Sec. 6927, 6928; Deschler
Ch 19 Sec. 19. The Speaker cannot rule on a point of order arising in
the Committee of the Whole unless the point of order is reported to
the House for a decision. 5 Hinds Sec. 6987. Appeals from a decision
of the Chair on a point of order are ordinarily resolved in the
Committee of the Whole, but in rare cases an appeal from a decision on
a point of order may be reported to the House for its determination. 4
Hinds Sec. 4783.
Debate on a point of order raised in the Committee of the Whole is
within the discretion of the Chair and must be confined to the point
of order. Deschler Ch 19 Sec. 19.2.

When in Order

Generally, points of order in the Committee of the Whole against a
provision in a bill or amendment are properly made when that provision
or amendment is reached in the reading. For a discussion of points of
order in the Committee of the Whole against provisions in general
appropriation bills and amendments thereto, see Manual Sec. 1044. A
point of order against an amendment comes too late after there has
been debate on the amendment (Manual Sec. 924) or when the amendment
has been reported to the House (92-2, June 1, 1972, pp 19479, 19483).
However, clauses 4 and 5(a) of rule XXI permit the raising ``at any
time'' of a point of order against a legislative bill carrying an
appropriation or a tax or tariff if the bill was reported by a
committee not having jurisdiction to report such matters. Manual
Sec. Sec. 1065, 1066; see also Appropriations.
Points of order against consideration of bills are properly raised
in the House pending resolution into the Committee and may not
subsequently be raised in Committee of the Whole. Deschler Ch 19
Sec. 20. This rule has been applied to points of order against
consideration of the measure for:

Violations of committee reporting requirements, such as the
Ramseyer rule (that proposed changes in law be indicated
typographically). Manual Sec. 846; Deschler Ch 19
Sec. Sec. 20.1-20.3.
Availability requirements prior to floor consideration of
measures. Manual Sec. 850.

For points of order generally, see Points of Order; Parliamentary
Inquiries; for points of order relating to particular measures or
matters, see

[[Page 321]]

Appropriations, Budget Process, and Conferences Between the Houses.

Sec. 19 . Unfinished Business

Business unfinished when the Committee of the Whole rises remains
unfinished, to be considered first in order when the House next goes
into the Committee to consider that business. 4 Hinds Sec. Sec. 4735,
4736; see also Unfinished Business. Thus, when the Committee of the
Whole rises before the time fixed for debate expires, debate continues
when the Committee resumes its deliberations. Deschler Ch 19
Sec. 26.1. When a recommendation of the Committee of the Whole that
the enacting clause of a bill be stricken is rejected by the House,
the House, without motion, resolves itself into the Committee for the
further consideration of the bill. Deschler Ch 19 Sec. 26.2.
Absent a special order of business to the contrary, when the
Committee of the Whole rises on the adoption of a simple motion to
rise, a bill pending at that time remains the unfinished business for
subsequent consideration in the Committee. Manual Sec. 977. Similarly,
if such a motion intervenes pending a request for a recorded vote,
that request remains the pending business upon resumption of
consideration of the bill in Committee. Deschler-Brown Ch 30
Sec. 33.15.

C. Motions in Committee

Sec. 20 . In General

Motions Permitted

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

Motions to amend under the five-minute rule. Manual Sec. 978;
see also Sec. 13, supra.
Motions to close five-minute debate. Manual Sec. 987; see also
Consideration and Debate.
Motions relating to the enacting clause. Manual Sec. 988; for
a comprehensive discussion, see Sec. 22, infra.
Motions to rise. Deschler Ch 19 Sec. 22; see also Sec. 26,
infra.

Motions Not Entertained

The Committee of the Whole may not entertain motions involving
functions properly performed by the House. Of the motions specified by
clause 4 of rule XVI--to adjourn, to lay on the table, for the
previous question, to postpone, to refer, or to amend--only the motion
to amend is authorized

[[Page 322]]

in the Committee of the Whole. Manual Sec. 911. The Committee may not
entertain a motion to:

Limit general debate (as distinguished from five-minute
debate). Deschler Ch 19 Sec. 2; for a general discussion, see
Consideration and Debate.
Close general debate. Manual Sec. 979; 5 Hinds Sec. 5217.
Dispense with the reading of a bill unless authorized pursuant
to a special order of business from the Committee on Rules.
Deschler Ch 19 Sec. 2.11.
Return to a section of the bill passed in the reading.
Deschler Ch 19 Sec. 2.10.
Effect a conference or instruct conferees. 8 Cannon
Sec. Sec. 2319, 2320; Deschler Ch 19 Sec. 2.
Order a call of the House. 8 Cannon Sec. 2369.
Expunge remarks from the Record. Deschler Ch 19 Sec. 3.2.
Order the previous question. 4 Hinds Sec. 4716; Deschler Ch 19
Sec. 2.6.
Reconsider. 4 Hinds Sec. Sec. 4716-4718; 8 Cannon
Sec. Sec. 2324, 2325; Deschler Ch 19 Sec. 2.5.
Recommit. 4 Hinds Sec. 4721; 8 Cannon Sec. 2326.
Postpone or rise and resume sitting on a day certain. Manual
Sec. 915; Deschler Ch 19 Sec. 22.2.
Lay on the table. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon
Sec. 2330; Deschler Ch 19 Sec. 2.7.
Recess (absent permission of the House). 5 Hinds
Sec. Sec. 6669-6671; 8 Cannon Sec. 3357; Deschler Ch 19 Sec. 2.
Adjourn. Deschler Ch 19 Sec. 2.4.

Motions Recommending House Action

As noted above, the motions to postpone, recommit, or lay on the
table are not in order in the Committee of the Whole. However, under
certain circumstances, the Committee of the Whole may entertain a
motion to rise and report with the recommendation that the House
entertain such an action. Whether such a motion will or will not lie
in the Committee of the Whole is ordinarily determined by the terms of
the special order of business under which the measure is being
considered. Under the modern practice, a special order of business
normally provides that after consideration the Committee of the Whole
shall rise and report the measure to the House, with the previous
question to be considered as ordered on the bill and amendments
thereto to final passage. In that case, the Committee of the Whole may
not report to the House a recommendation that the bill be recommitted.
Deschler Ch 19 Sec. 23.12. In the exceptional circumstance where this
language is not

[[Page 323]]

included in the special order of business, the Committee of the Whole
may entertain a motion to rise and report with:

A recommendation that the consideration of the bill be
postponed. 4 Hinds Sec. Sec. 4765, 4774; 8 Cannon Sec. 2372;
Deschler Ch 19 Sec. 22.
A recommendation that the bill be referred or recommitted. 4
Hinds Sec. 4774; Deschler Ch 19 Sec. 23.12.
A recommendation that the bill lie on the table. 4 Hinds
Sec. 4777.

Requirement That Motions Be Written

Although motions made in the Committee of the Whole are often put
forward orally, any Member may demand that a motion be made in
writing. See, e.g., Deschler Ch 19 Sec. 2.1.

Withdrawal

A motion may be withdrawn in the Committee of the Whole only by
unanimous consent. Deschler Ch 23 Sec. 2.10. Clause 5(a) of rule XVIII
specifically prohibits the withdrawal of an amendment except by
unanimous consent, whether or not debate has proceeded. 5 Hinds
Sec. 5221; 8 Cannon Sec. 2859. This principle has also been applied to
the motion to close debate under the five-minute rule (8 Cannon
Sec. 2564) and to the motion to recommend the striking of the enacting
clause (98-1, July 29, 1983, p 21675).

Sec. 21 . Precedence of Motions

Motions to Rise

The simple motion to rise is of highest privilege. Manual
Sec. Sec. 334, 983; Deschler Ch 19 Sec. Sec. 23.1, 23.2. It takes
precedence over motions to amend (Manual Sec. 983; Hinds Sec. 4770)
and over amendments pending under the five-minute rule (Deschler Ch 19
Sec. 23.3), though it may not interrupt other Members in debate
(Deschler Ch 19 Sec. 23.6; Sec. 26, infra). The motion takes
precedence over a demand for a recorded vote on a pending amendment
(97-1, July 15, 1981, p 15921), and over a point of order of no quorum
pending such a demand (see 95-1, Sept. 21, 1977, p 30126). The motion
is in order pending the Chair's count of a quorum (Deschler Ch 19
Sec. 23.5) and pending a decision of the Chair on a point of order
(Deschler Ch 19 Sec. 23.7). The simple motion to rise also takes
precedence over a pending motion to rise and report with the
recommendation that the enacting clause be stricken. Deschler Ch 19
Sec. 23.13.

Motion Relating to the Enacting Clause

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

[[Page 324]]

high privilege. Deschler Ch 19 Sec. 10.4. The motion is preferential
because, if adopted, it constitutes a final disposition of the bill in
the Committee of the Whole. Deschler Ch 19 Sec. 11.11 (note). The
motion may be offered where another Member seeks recognition to offer
an amendment (Deschler-Brown Ch 29 Sec. 12.13) or when an amendment is
pending. However, the motion may not interrupt debate. Manual
Sec. 989. The motion also takes precedence over a motion to limit
debate (Manual Sec. 989) and over a motion to rise and report with a
favorable recommendation (8 Cannon Sec. 2620). See also Sec. 22,
infra.

Motions to Amend

With one exception, a motion to amend a bill takes precedence over
a motion to rise and report the bill. 4 Hinds Sec. Sec. 4752-4758; 8
Cannon Sec. 2364; Deschler Ch 19 Sec. 23.14. The exception is in
clause 2(d) of rule XXI, which specifies that when a general
appropriation bill has been read for amendment, a motion to rise and
report, if offered by the Majority Leader or a designee, takes
precedence over an amendment.
The initial right of the proponent to explain an amendment offered
under the five-minute rule, or of a Member to rise in opposition
thereto, takes precedence over a motion to amend that amendment. 4
Hinds Sec. 4751.

Sec. 22 . Motion Relating to Enacting Clauses

Generally; Effect of Rejection or Adoption

Every bill that becomes law contains the phrase: ``Be it enacted
by the Senate and House . . . in Congress assembled. . . .'' It is in
order to move that the Committee of the Whole rise and report a bill
back to the House with the recommendation that this clause, known as
the enacting clause, be stricken. 5 Hinds Sec. Sec. 5326-5346; 8
Cannon Sec. Sec. 2618-2638; Deschler Ch 19 Sec. 10. Such a motion is
not, strictly speaking, an amendment, because it can be dispositive of
the entire bill. See Deschler Ch 19 Sec. 10 (note 13). If the House
agrees to the recommendation, its action is equivalent to a rejection
of the bill. Manual Sec. 988; 5 Hinds Sec. 5326; Deschler Ch 19
Sec. 10.6. If the House rejects the recommendation, it automatically
resolves itself back into the Committee of the Whole for the further
consideration of the bill. Deschler Ch 19 Sec. 10.9.
The motion must be in writing and in the proper form. Manual
Sec. 988.

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

[[Page 325]]

Motions that deviate from this form are subject to a point of
order. Deschler Ch 19 Sec. 10.3. Thus, a simple motion to strike the
enacting clause, although at one time permitted in the Committee of
the Whole, is, under the modern practice, not in proper form and not
in order. 5 Hinds Sec. 5332; Deschler Ch 19 Sec. 10.1. A motion to
strike ``all after the enacting clause'' is likewise out of order.
Deschler Ch 19 Sec. 10.3. The recommendation that the enacting clause
be stricken may not be combined with a provision that the bill be
recommitted to a committee. Deschler Ch 19 Sec. 10.10.

Application to Particular Measures

The motion that the Committee of the Whole rise and report to the
House the recommendation that the enacting clause be stricken is also
applicable to the enacting clause of a Senate-passed bill. Deschler Ch
19 Sec. 10.14. The motion has also been used to recommend the striking
of the resolving clause of a simple resolution (Deschler Ch 19
Sec. 11.10), the resolving clause of a concurrent resolution on the
budget (96-1, May 9, 1979, p 10490), and the resolving clause of a
joint resolution (Deschler Ch 19 Sec. 11.4).

Who May Offer or Oppose

A Member offering the motion to rise and report with the
recommendation that the enacting clause be stricken must qualify as
being opposed to the bill when challenged. A Member in favor of the
bill may not offer the motion. Manual Sec. 989; Deschler Ch 19
Sec. 12.2. A challenge being made by another Member, the Member
offering the motion must declare opposition to the bill. Deschler Ch
19 Sec. 12.1. Generally, in recognizing a Member for the motion, the
Chair will accept the statement that such Member is opposed to the
bill. Deschler Ch 19 Sec. 12.5. Similar rules are applied with respect
to the qualification of a Member to oppose the motion. To obtain
recognition to oppose the motion, a Member must qualify by stating
opposition thereto. Deschler Ch 19 Sec. 12.11.
The practice of offering the motion merely to obtain time for
debate, though subject to criticism, has been permitted. Deschler Ch
19 Sec. Sec. 12.8-12.10. In fact, under the modern practice, extending
debate is usually the intent of the offeror, who then withdraws the
motion by unanimous consent.

Repetition of Motion

A second motion on the same day to recommend the striking of the
enacting clause is not entertained in the absence of any material
modification of the bill. 8 Cannon Sec. 2636; Deschler Ch 19
Sec. Sec. 14.1, 14.2. Thus, a second motion is in order if the bill
has been amended since disposition of the first motion (Deschler Ch 19
Sec. 14.4) but is not in order if the only action of the

[[Page 326]]

Committee of the Whole in the interim has been the rejection of a
proposed amendment to the bill (Deschler Ch 19 Sec. 14.5). If the
first such motion is withdrawn by unanimous consent, a second motion
relating to the enacting clause is in order. Manual Sec. 989; Deschler
Ch 19 Sec. 14.7. The motion may be renewed on a subsequent day
regardless of any modification of the bill. Deschler Ch 19 Sec. 14.8.

Sec. 23 . -- When in Order

The motion that the Committee of the Whole rise and report with
the recommendation that the enacting clause be stricken is not in
order during general debate on the measure. Deschler Ch 19 Sec. 10.
The motion is in order only after the Clerk has begun reading the bill
for amendment under the five-minute rule (Deschler Ch 19 Sec. 11.2),
assuming that another Member has not obtained the floor for purposes
of debate (96-1, June 13, 1979, p 14710). The motion is no longer in
order when the stage of amendment is passed. The stage of amendment is
passed in Committee where a bill is being considered under a rule
permitting only committee amendments, and where no committee
amendments are offered at the conclusion of general debate. Manual
Sec. 989. The adoption of an amendment in the nature of a substitute
also may foreclose the opportunity to offer the motion. Deschler Ch 19
Sec. 11.6.

Sec. 24 . -- Debate

Generally; Time Limitations

The debate on a motion that the Committee of the Whole rise and
report with the recommendation that the enacting clause be stricken is
governed by the five-minute rule. 5 Hinds Sec. Sec. 5333-5335; 8
Cannon Sec. Sec. 2628-2631; Deschler Ch 19 Sec. 13. Debate on the
motion is thus limited to 10 minutes, five minutes in favor and five
minutes in opposition. Deschler Ch 19 Sec. 13.1. The Chair has
declined to recognize for requests to extend the five minutes
(Deschler Ch 19 Sec. 13.2), and a Member may not merge the time with
time made available to debate the remainder of the bill and amendments
thereto (Deschler-Brown Ch 29 Sec. 31.33). Debate is limited to two
five-minute speeches even though the proponent and the Member in
opposition both speak in favor of the motion. Deschler Ch 19
Sec. 13.3. The Chair will not announce in advance who will be
recognized in opposition to the motion. Manual Sec. 989.
Time may not be reserved. Where a Member recognized for five
minutes in opposition to the motion yields back the time, another
Member may not claim the unused portion thereof. Manual Sec. 989.

[[Page 327]]

Members of the committee managing the bill have priority in
recognition for debate in opposition to the motion. Manual Sec. 989.

Effect of Limitation of Time for Debate

A limitation of all debate time on a bill and amendments thereto
to a time certain does not preclude debate on a motion to recommend
the striking of the enacting clause during the time remaining under
the limitation. 97-1, Oct. 5, 1981, p 23154. However, the motion is
not debatable after all time for debate on the bill and all amendments
thereto has expired. Deschler Ch 19 Sec. 13.7. On the other hand,
where debate has been closed only as to amendments to a bill, and not
on the bill itself, a Member offering the motion to strike the
enacting clause is entitled to five minutes to debate that motion.
Deschler-Brown Ch 29 Sec. 6.28. A similar practice is followed where
the limitation is only on an amendment in the nature of a substitute
being read as an original bill for the purpose of amendment under a
special order of business. Manual Sec. 989.

Scope of Debate

Since the motion to rise and report with the recommendation that
the enacting clause be stricken applies to the entire bill, debate may
be directed to any part of the bill--or to a pending amendment--and
need not be confined to the merits of the preferential motion.
Deschler-Brown Ch 29 Sec. 37.11. Thus, the motion may be used by a
Member to secure five minutes to debate a pending amendment
notwithstanding a limitation of time for debate on the pending
amendment and all amendments thereto. Deschler-Brown Ch 29 Sec. 37.8.
However, debate on the motion may not include matters beyond the
provisions of the bill. 5 Hinds Sec. 5336.

D. Rising; Reporting to the House

Sec. 25 . Generally

Formal and Informal Rising Distinguished

When the Committee of the Whole terminates or suspends its
proceedings, it ``rises,'' either formally or informally. Deschler Ch
19 Sec. 21.1. When the Committee of the Whole rises formally, it
normally does so by motion or by operation of a special order of
business. Sec. 26, infra. When the Committee of the Whole rises
informally, it does so by unanimous consent (4 Hinds Sec. 4788) or
simply at the direction of the Chair without a formal motion from the
floor (Deschler Ch 19 Sec. 21.1).

[[Page 328]]

The Committee of the Whole may rise informally to permit the House
to transact administrative business, such as to swear in a Member, to
receive a message, or to lay down a signed enrolled bill. Manual
Sec. 330; Deschler Ch 19 Sec. 21.1. Having no power to receive a
message, the Committee of the Whole rises informally to permit the
House to do so. Manual Sec. 330; 4 Hinds Sec. 4786. At this rising,
the House may not have the message read or transact other business
except by unanimous consent. 4 Hinds Sec. Sec. 4787-4791.

Effect of Special Orders of Business

The Committee of the Whole rises automatically and without motion
when it rises pursuant to a special order of business providing that
at the conclusion of consideration of the bill for amendment the
Committee of the Whole ``shall'' rise and report back to the House
(94-1, July 30, 1975, p 25881) or pursuant to a House order limiting
general debate to a time certain and providing that the Committee rise
at the conclusion of that time (Deschler Ch 19 Sec. 21.3). However, a
motion to rise is required to enable the Committee of the Whole to
rise prior to the time fixed by the applicable special order of
business. 7 Cannon Sec. 793.
Beginning in the 110th Congress, opening-day rules packages have
included separate orders establishing a point of order against the
motion to rise and report if the bill under consideration exceeds
certain budgetary allocations. 112-1, H. Res. 5, Jan. 5, 2011, p __.

Sec. 26 . Motions to Rise

Generally; Forms

In the Committee of the Whole, the motion takes two forms: (1) the
simple motion to rise and (2) the motion to rise and report. 4 Hinds
Sec. Sec. 4766, 4767; Deschler Ch 19 Sec. Sec. 22.1, 23.13. The
motions are expressed as follows:

M_. Chair, I move that the Committee do now rise.
M_. Chair, I move that the Committee do now rise and report the
bill back to the House with the recommendation that _____.

The motion to rise and report may recommend to the House either a
favorable or adverse disposition of the bill. It may recommend that
the consideration of the reported measure be postponed, or that it be
recommitted or tabled. However, under the modern practice, such motion
is normally precluded by the applicable special order of business.
Sec. 20, supra. For the motion to rise and report with the
recommendation that the enacting clause be stricken, see Sec. 22,
supra. For reporting amendments, see Sec. 30, supra.
The simple motion to rise in the Committee of the Whole is
analogous to the motion to adjourn in the House. The motion to rise
(or to rise and

[[Page 329]]

report) must be in writing if the demand is made. Deschler Ch 19
Sec. 22.3. The simple motion to rise does not require a quorum for
adoption, although a negative voice vote is subject to a point of
order of no quorum pending a request for a recorded vote. Manual
Sec. 983; 4 Hinds Sec. Sec. 2975, 2976; Deschler Ch 19 Sec. 22.7.
However, a quorum is required on an affirmative vote on a motion to
rise and report. See 4 Hinds Sec. 2973. Neither motion is debatable. 4
Hinds Sec. Sec. 4766-4768; Deschler Ch 19 Sec. 22.4. Either may be
withdrawn by unanimous consent. Deschler Ch 19 Sec. 22.9. They may not
include restrictions on the amendment process or limitations on future
debate on amendments. Manual Sec. 334.

Sec. 27 . -- When in Order

The motion that the Committee of the Whole rise is privileged
during debate under the five-minute rule. Manual Sec. 334. The motion
is in order notwithstanding an informal agreement among the floor
managers of a bill to conclude consideration at a different time.
Deschler Ch 19 Sec. 23.4. The motion is in order:

While an amendment is pending, except where another Member has
the floor. Manual Sec. 334.
Pending a decision on a point of order. Deschler Ch 19
Sec. Sec. 23.7, 23.8.
After agreement to a motion to limit debate on an amendment.
Deschler Ch 19 Sec. 23.10.
Pending a count of a quorum. Deschler Ch 19 Sec. 23.5.
After the absence of a quorum has been ascertained and pending
a vote on an amendment (Manual Sec. 982) but comes too late
when the Chair has announced the absence of a quorum and the
roll call has begun (91-2, Sept. 16, 1970, p 32229).
Pending a demand for a record vote but prior to the time the
Chair begins the count to determine whether a sufficient number
support the demand. 94-1, Aug. 1, 1975, p 26947.
During general debate if offered by a manager or by a Member
to whom a manager has yielded for that purpose. Manual
Sec. 334.

A motion that the Committee of the Whole rise may be made between
the time an amendment is offered and read and before recognition of
its proponent for debate thereon. 97-1, May 12, 1981, pp 9320, 9323.
Where a special order of business provides that the Committee rise and
report at the conclusion of the consideration of a bill for amendment,
a motion that the Committee of the Whole rise and report the bill with
certain amendments, before the bill has been completely read for
amendment, is not in order. However, a simple motion that the
Committee of the Whole rise is in order at that time. 96-1, Dec. 5,
1979, p 34755.

[[Page 330]]

Sec. 28 . -- Who May Offer

In the Committee of the Whole, any Member may move to rise and the
Chair is constrained to recognize for that purpose, unless another
Member controls the floor. Deschler Ch 19 Sec. 24.2; 8 Cannon
Sec. 2369. Although the motion may be offered by any Member entitled
to the floor, the motion is commonly made by the Member managing the
bill before the Committee. Deschler Ch 19 Sec. Sec. 22.5, 22.8, 23.1.
The motion also may be made by a Member who holds the floor by virtue
of having offered an amendment, but such Member must yield back before
offering the motion. Deschler Ch 19 Sec. 24.1.
A Member recognized by the Chair may not be interrupted by a
motion to rise even though such Member has not yet begun to speak. 8
Cannon Sec. 2370. Members may not, in time yielded to them for debate,
move that the Committee of the Whole rise (Deschler Ch 19 Sec. 10) or
yield to another Member for such a motion (Deschler Ch 29 Sec. 23).
However, a Member controlling the time for general debate may yield
for a motion that the Committee of the Whole rise, and may do so
without losing the right to continue at the next sitting of the
Committee on the same matter. 5 Hinds Sec. Sec. 5012, 5013.
For precedence of a motion to rise and report a general
appropriation bill, if offered by the Majority Leader, over an
amendment, see Sec. 21, supra.

Sec. 29 . Reporting to the House

Generally

When a matter is concluded in the Committee of the Whole, it is
reported to the House. The permission of the House is neither required
nor sought when the Chair reports on a measure. The report is made and
received and is then before the House for action. Manual Sec. 334.
When the Committee of the Whole rises without concluding the matter,
the Chair reports that it ``has come to no resolution thereon.'' Under
this procedure the Chair does not report the measure back to the
House. Deschler Ch 19 Sec. 21.4. The measure remains as unfinished
business for subsequent consideration in the Committee of the Whole.
Sec. 19, supra.
The Speaker recognizes only reports from the Committee of the
Whole made by the Chair thereof. 5 Hinds Sec. 6987. The Speaker has no
official knowledge of proceedings in the Committee of the Whole beyond
those reported by its Chair. A matter alleged to have arisen therein
but not reported may not be brought to the attention of the House. 8
Cannon Sec. Sec. 2429, 2430.

[[Page 331]]

Sec. 30 . House Action on Committee Reports

Generally

When the Committee of the Whole reports to the House, the House
usually acts at once on the report without reference to select or
other committees. Manual Sec. 326. The recommendation of the Committee
being before the House, the motion to carry out the recommendation is
usually considered as pending without being offered from the floor. 4
Hinds Sec. 4896.
The recommendation of the Committee of the Whole may be favorable
or adverse, and the bill may be reported with or without amendments:

Chair: M_. Speaker, the Committee of the Whole House on the state
of the Union, having had under consideration the bill H.R. ___,
directs me to report it back to the House with sundry amendments and
with the recommendation that the amendments be agreed to and the
bill as amended do pass.
Speaker: The chair of the Committee of the Whole reports that the
Committee of the Whole House on the state of the Union, having had
under consideration the bill H.R. ___, directs him/her to report .
. . .

For House action on amendments reported from the Committee of the
Whole, including the demand for separate votes, see Amendments. For
steps to be taken in the passage of a bill in the House, see Previous
Question and Reading, Passage, and Enactment.

Recommittal to the Committee of the Whole

Bills are sometimes recommitted to the Committee of the Whole as
the result of the action of the House (4 Hinds Sec. 4784) or on motion
either with or without instructions (5 Hinds Sec. Sec. 5552, 5553). If
the bill is reported from the Committee of the Whole with an adverse
recommendation, and such recommendation is disagreed to by the House,
the bill stands recommitted to the Committee without further action by
the House, unless the bill is disposed of pursuant to a motion to
refer. Manual Sec. 988. When a recommendation of the Committee of the
Whole that the enacting clause of a bill be stricken is rejected by
the House, the House, without motion, resolves itself into the
Committee of the Whole for the further consideration of the bill.
Manual Sec. 989; 7 Cannon Sec. 943.

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CHAPTER 13
CONFERENCES BETWEEN THE HOUSES

HOUSE PRACTICE

I. Generally

Sec. 1. In General; Purpose
Sec. 2. Questions Sent to Conference
Sec. 3. Sending to Conference
Sec. 4. -- When in Order; Stage of Disagreement
Sec. 5. Effect of Special Orders of Business

II. Conference Managers

Sec. 6. In General; Appointment of Managers
Sec. 7. Committee Representation
Sec. 8. Changing or Adding Managers; Removal or Resignation
Sec. 9. Power and Discretion of Managers
Sec. 10. Meetings

III. Instructions to Managers; Motions

Sec. 11. In General
Sec. 12. Consideration of Motions to Instruct
Sec. 13. -- Debate on Motion; Recognition and Amendments
Sec. 14. Motions After Failure of Managers to Report
Sec. 15. Instructions in Motions to Recommit
Sec. 16. Instructions as Binding on the Managers

IV. Conference Reports

A. Generally; Form

Sec. 17. In General; Preparation and Filing
Sec. 18. Signing and Signatures
Sec. 19. Correction of Errors

B. Limitations on Reports; Points of Order

Sec. 20. In General
Sec. 21. Reports Exceeding Authority of Managers
Sec. 22. -- Conference Substitutes or Modifications

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Sec. 23. Nongermane Senate Matter
Sec. 24. Senate Appropriations on House Legislative Bill
Sec. 25. Senate Legislation on House Appropriation Bill
Sec. 26. Congressional Budget Act Violations
Sec. 27. Raising Points of Order
Sec. 28. Waiving Points of Order

C. Consideration and Disposition of Reports

Sec. 29. In General; Custody of Official Papers
Sec. 30. Layover and Availability Requirements
Sec. 31. Filing and Calling Up Report; Reading
Sec. 32. En Bloc Consideration
Sec. 33. Debate
Sec. 34. -- Recognition; Control of Debate Time
Sec. 35. Recommittal of Report
Sec. 36. Final Disposition of Report; Voting
Sec. 37. Effect of Rejection of Report; Further Conferences

D. Disposition Where Managers Report in Total Disagreement

Sec. 38. In General
Research References
5 Hinds Sec. Sec. 6254-6589
8 Cannon Sec. Sec. 3209-3332
Deschler-Brown Ch 33
Manual Sec. Sec. 530-559, 637, 1069-1094

I. Generally

Sec. 1 . In General; Purpose

Before a measure can become law, both Houses must agree to the
same bill--either a House bill or a Senate bill--and they must agree
on each provision of the bill. 5 Hinds Sec. Sec. 6233-6240. Although
the two Houses may pass similar measures on the same subject, neither
can become law unless both Houses pass the same numbered bill with
identical text. 4 Hinds Sec. 3386.
In many cases disagreements between the House and Senate over the
provisions in a bill can be resolved through amendments that are
messaged between the Houses. Such action is taken in the expectation
that one House

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will eventually concur (or recede and concur) with the amendments of
the other House and thereby finally pass the bill. See Senate Bills;
Amendments Between the Houses. Another approach aimed at reconciling
differences is a conference committee, consisting of managers from
each Chamber, with authority to report on negotiated agreements.
Sometimes these procedures are pursued simultaneously: one House will
(1) concur as to certain amendments and (2) insist on disagreement as
to other amendments and request a conference thereon. 5 Hinds
Sec. Sec. 6287, 6401. If a conference fails to reconcile the
differences, and reports this fact back to the two Houses, motions to
dispose of any amendments remaining in disagreement are permitted.
Sec. Sec. 36-38, infra.
The request for a conference is made by the House in possession of
the papers. Sec. 4, infra. The House receiving the request may agree
to the conference or it may disregard the request and act on the
pending unresolved amendments. 5 Hinds Sec. Sec. 6313-6315. In the
latter case it may simply concur in the amendments or recede from
disagreement, thereby rendering a conference unnecessary if no further
issues remain to be disposed of between the Houses. 5 Hinds
Sec. Sec. 6316-6318. It also has the option of postponing action on
the request to a time certain or indefinitely. 5 Hinds Sec. 6199.

Sec. 2 . Questions Sent to Conference

It was Jefferson's view that a House-Senate conference may be
sought ``in all cases of difference of opinion between the two Houses
on matters depending between them.'' Manual Sec. 530. Conferences
between the two Houses are usually held over differences as to
amendments to a particular bill. 5 Hinds Sec. 6254. On occasion,
several bills have been sent to conference by a single House action.
Deschler Ch 21 Sec. 27.6. Differences over a joint or concurrent
resolution also may be sent to conference. 5 Hinds Sec. Sec. 6258,
7063.
House-Senate conferences have sometimes been sought to resolve
questions unrelated to any pending bill or other legislative
proposition. Conference committees have on rare occasions been used to
resolve differences as to:

The prerogatives of the two Houses in the origination of
revenue measures. 2 Hinds Sec. 1487.
The instructions given by one House to its managers. 5 Hinds
Sec. 6401.
The procedures to be followed in an impeachment proceeding. 3
Hinds Sec. 2304.
The time for the convening of the next session of Congress. 5
Hinds Sec. 6255.
Papers in the nature of petitions. 5 Hinds Sec. 6263.

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Sec. 3 . Sending to Conference

Generally; By Unanimous Consent

Amendments in disagreement between the Houses may be sent to
conference by unanimous consent. The disagreement may relate to a
Senate amendment or to an insistence by the House on its own
amendment. Manual Sec. 533; 6 Cannon Sec. 732.

Member: M_. Speaker, I ask unanimous consent to take from the
Speaker's table the bill H.R. ___, with the Senate amendment[s]
thereto, disagree to the Senate amendment[s], and [ask for a
conference with the Senate] [agree to a conference asked by the
Senate] on the disagreeing votes of the two Houses.

By Motion

A matter may be sent to conference pursuant to a motion offered
under clause 1 of rule XXII. The motion is privileged in the
discretion of the Speaker if the motion is offered by direction of the
primary committee and of all reporting committees that had initial
referral of the measure. Manual Sec. Sec. 1069, 1070. This restraint
is intended to prevent the use of that motion as a dilatory tactic.
Manual Sec. 535. The motion may be offered only while the House is in
possession of the papers.
Initial Senate amendments may be taken from the Speaker's table
and sent to conference by motion under this rule. Manual
Sec. Sec. 533, 1069, 1070. The motion permitted by the rule also may
be raised at subsequent stages of the amendment process between the
Houses and may include a motion to disagree to a Senate amendment to a
House amendment to a Senate bill and request a conference (92-2, Mar.
8, 1972, p 7540) or a motion to insist on a House amendment to a
Senate amendment to a House bill and request a conference (Manual
Sec. 1070).
A Member offering a motion to send a bill to conference under this
rule is recognized for one hour and is in control of the debate on the
motion. Deschler-Brown Ch 33 Sec. 2.14. When the previous question is
ordered on the motion, further debate may occur only by unanimous
consent. Deschler-Brown Ch 33 Sec. 2.15.
Clause 1 of rule XXII requires a separate committee authorization
with respect to each particular bill to be sent to conference. Clause
2(a)(3) of rule XI allows committees to adopt a committee rule
authorizing the chair of the committee to offer a motion under clause
1 of rule XXII whenever the chair considers is appropriate. Where a
measure has been reported by two or more committees of initial
referral, each reporting committee must authorize the motion sending
it to conference. A committee receiving sequential referral

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of a bill or not reporting thereon need not authorize the motion. On a
Senate bill with a House amendment consisting of the text of two
corresponding House bills that were previously reported to the House,
the motion must be authorized by the committees reporting those
corresponding bills. Manual Sec. 1070. The primary committee of
jurisdiction may authorize the motion on an unreported measure. 106-2,
Oct. 11, 2000, p 22250.
Motions to send a measure to conference pursuant to clause 1 of
rule XXII are generally made by the chair of the legislative committee
with primary jurisdiction over the measure, acting by direction of
that committee as follows:

Member: M_. Speaker, pursuant to clause 1 of rule XXII and by
direction of the Committee on _____, I move to take from the
Speaker's table the bill (H.R. ___) with the Senate amendment[s]
thereto, disagree with the Senate amendment[s] and agree to the
conference requested by the Senate [or request a conference with the
Senate thereon].

Member: M_. Speaker, pursuant to clause 1 of rule XXII and by
direction of the Committee on _____, I move to take from the
Speaker's table the bill (S. ___) with the House amendment[s]
thereto, insist on the House amendment[s] and agree to the
conference requested by the Senate [or request a conference with the
Senate thereon].

A motion to send a bill to conference may not be amended to
include instructions to House managers; instructions are properly
offered by separate motion following the adoption of the motion to go
to conference and before managers are appointed. Deschler-Brown Ch 33
Sec. 2.18. For a discussion of motions to instruct, see Sec. 11,
infra.

Sec. 4 . -- When in Order; Stage of Disagreement

Generally

Under the former practice, it was customary to allow the House
insisting on its amendment (the other House having disagreed thereto)
to request a conference. 5 Hinds Sec. Sec. 6278-6280. Under the modern
practice, a conference may be requested as soon as one House has
either disagreed to an amendment of the other or has insisted on its
own amendment. 5 Hinds Sec. Sec. 6273-6277. In any event, the request
for a conference must always be by the House that is in possession of
the papers. Manual Sec. 530. For a discussion on when the stage of
disagreement is reached, see Senate Bills; Amendments Between the
Houses, Sec. 16.

Motions

A motion to disagree or insist and request a conference is in
order before, or after (subject to preferential motions), the Houses
have reached the

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stage of disagreement if made pursuant to clause 1 of rule XXII.
Manual Sec. Sec. 528, 535, 1070; see also Senate Bills; Amendments
Between the Houses.
Once a motion to request a conference has been rejected, its
repetition at the same stage of the proceedings has not been permitted
where no other motion to dispose of the matter in disagreement has
been considered. 5 Hinds Sec. 6325. However, a motion under clause 1
of rule XXII may be repeated, if authorized by the committee
concerned, and if the Speaker again agrees to recognize for that
purpose, even though the House has once rejected a motion to send the
same matter to conference. Manual Sec. Sec. 535, 1070.

Unanimous-consent Requests

A unanimous-consent request to seek a conference is in order even
though the House and Senate have not yet reached the stage of
disagreement. Indeed, there have been rare instances where the House
by unanimous consent has ``deemed'' a House bill with possible Senate
amendments sent to conference before Senate passage of the bill with
amendment, effective when subsequently in possession of the papers, in
order to permit managers to be appointed and to formally meet if the
House is not in session. See, e.g., 105-2, Apr. 1, 1998, p 5735.

Sec. 5 . Effect of Special Orders of Business

Amendments may be sent to conference pursuant to a special order
of business from the Committee on Rules. 4 Hinds Sec. Sec. 3242-3249.
The special order of business may or may not preclude intervening
motions, and may direct the Speaker to appoint the managers. 4 Hinds
Sec. 3242. The special order of business may:

Take a House bill with Senate amendments from the Speaker's
table and send it directly to conference. 7 Cannon Sec. 826.
Make in order a motion to take a bill with Senate amendments
from the Speaker's table, disagree to the amendments, and
request a conference. 7 Cannon Sec. 822.
Deem a Senate bill amended with House text and a conference
requested thereon, upon passage of House text and receipt of
Senate bill, and authorizing the appointment of conferees
before the motion to instruct. 108-2, Oct. 7, 2004, 21723.
Provide for consideration of Senate amendments and for a
motion to agree to a conference, and for appointment without
instructions to the managers. 4 Hinds Sec. Sec. 3243, 3244.

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Discharge a committee from consideration of a bill with Senate
amendments and ask for, or agree to, a conference thereon. 7
Cannon Sec. Sec. 820, 821.

II. Conference Managers

Sec. 6 . In General; Appointment of Managers

Generally

Appointments of Members to serve as managers on the part of the
House at a conference are made by the Speaker pursuant to clause 11 of
rule I. Manual Sec. 637. The terms ``manager'' and ``conferee'' are
used synonymously in the modern precedents and are so used in this
chapter. Clause 11 of rule I contains guidelines for the Speaker to
observe when appointing conferees. Conferees should include:

A majority of Members who generally supported the House
position, as determined by the Speaker.
Members who are primarily responsible for the legislation.
To the fullest extent feasible, Members who were the principal
proponents of the major provisions of the bill as it passed the
House.

These guidelines permit the exercise of broad discretion by the
Speaker in making appointments. Manual Sec. 637. The Speaker may
specify the legislative issues on which individual managers are to
confer. Manual Sec. 536.

Number of Managers

In the early practice of the House, three Members were usually
appointed to a conference by the Speaker. 5 Hinds Sec. 6336. Today,
the number of Members to be designated is at the discretion of the
Speaker, and the complexity of the bill and the number of committees
with jurisdiction may be considered. 8 Cannon Sec. 3221. A motion to
instruct the Speaker as to the number of managers to be appointed is
not in order. Manual Sec. 637; 8 Cannon Sec. 3221.
Conference agreements are reached when a majority of House
managers agree with a majority of Senate managers, which is indicated
by their signing of the conference report. The number of managers
appointed by the Senate does not affect the Speaker's determination as
to the number of House managers because the managers of one House vote
separately from those of the other. 5 Hinds Sec. 6334. For a
discussion of conference meetings, see Sec. 10, infra.

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Time of Appointment

Conferees are usually appointed by the Speaker immediately after
the request for a conference is granted, but they may be appointed at
a subsequent time. In one instance, the Speaker did not announce his
appointment of conferees until the second session on a bill on which
the House had requested a conference in the first session. Deschler-
Brown Ch 33 Sec. 6.17.

Sec. 7 . Committee Representation

The Speaker in making appointments to a conference normally
consults with the chair of the committee having jurisdiction over the
bill. Members of that committee are ordinarily designated as managers.
Deschler-Brown Ch 33 Sec. 6.1. The Speaker may make such appointments
without regard to committee seniority. 99-2, July 16, 1986, p 16705.
On a comprehensive matter, the Speaker may appoint separate groups of
conferees from several committees for consideration of provisions
within their respective jurisdictions. Manual Sec. 637.
The Speaker may appoint members from a nonreporting committee as
conferees on a provision in a Senate measure within that committee's
jurisdiction. Manual Sec. 637. The Speaker may, after appointing
general conferees from a reporting committee on all Senate provisions,
appoint additional conferees from an additional reporting or
nonreporting committee on a specified section. 107-2, Mar. 7, 2002, p
2747.
In the current practice, the Speaker has announced a policy of
simplifying conference appointments by noting on the occasion of a
relatively complex appointment that, inasmuch as conference committees
are select committees that dissolve when their report is acted upon,
conference appointments should not be construed as jurisdictional
precedent. Manual Sec. 637.

Sec. 8 . Changing or Adding Managers; Removal or Resignation

At any time after the appointment of a conference committee, the
Speaker may remove a conferee or appoint additional conferees. Clause
11 of rule I; 5 Hinds Sec. Sec. 6341-6368. In making additional
appointments, the Speaker may specify that a conferee be authorized to
act only with respect to a certain provision (96-1, Aug. 2, 1979, p
22101), or that additional conferees from certain committees act
solely on matters within those committees' jurisdictions (99-1, Oct.
24, 1985, p 28743). Under clause 11, the Speaker may supplement an
appointment of conferees by modifying the array of separate panels and
by further specifying the subject matter to be considered by such
panels. Deschler-Brown Ch 33 Sec. 8.7.

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Vacancies on a conference committee are filled through appointment
by the Speaker. 5 Hinds Sec. 6372; 8 Cannon Sec. 3228. The Speaker may
appoint a conferee to fill a vacancy caused by death or ill health,
resignation, or removal. Deschler-Brown Ch 33 Sec. Sec. 8.3, 8.8. The
Speaker may appoint the successor conferee with all or part of the
authority of the original conferee. 98-2, Mar. 21, 1984, p 6249.
Usually a conferee resigns by sending a letter of resignation to
the Speaker. The letter is laid before the House. A conferee may be
excused by unanimous consent at the request of another Member,
particularly where time is of the essence. Deschler-Brown Ch 33
Sec. 8.2.
Managers have resigned from conference committees because of
policy differences with other managers. In one instance, a Member
declared that his resignation was based on the fact that other House
conferees had agreed to a motion in conference limiting their
participation to specified portions of the matters committed to
conference, though originally all Members had been appointed without
restriction. The Member's resignation was accepted by unanimous
consent. Deschler-Brown Ch 33 Sec. 8.10.
Under clause 11 of rule I, conferees may be removed from a
conference committee by the Speaker. Before the adoption of that rule,
conferees were removed only by action of the House by unanimous
consent. Deschler-Brown Ch 33 Sec. 8.1.
In the modern practice of the House, a bill is normally sent only
to a single conference. However, in earlier years, several conferences
were sometimes held on the same bill, and it was common to change
managers at each conference. 5 Hinds Sec. Sec. 6288-6291, 6324. So
fixed was this practice that their reappointment had a special
significance, indicating an unyielding temper. 5 Hinds Sec. Sec. 6352-
6368. However, later practice was to reappoint the same managers (5
Hinds Sec. Sec. 6341-6344) unless a change was necessary to enable the
sentiment of the House to be represented (5 Hinds Sec. 6369). For
motions to discharge and appoint new conferees, see Sec. 14, infra.

Sec. 9 . Power and Discretion of Managers

Generally

There are limitations on the authority of the managers with
respect to the legislative matters they may address. The managers:

May not change text that has already been agreed to by both
Houses. 5 Hinds Sec. Sec. 6417, 6418, 6420.
May not address new items or a new subject not committed to
the conference. 5 Hinds Sec. Sec. 6407, 6408; 8 Cannon
Sec. Sec. 3254, 3255; 107-2, Nov. 14, 2002, p 22408.

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Must confine themselves to matters that are within the scope
of the difference between the House position and the Senate
position. Manual Sec. 1088.

These limitations stem from the fundamental principle that when a
bill is sent to conference, matters in disagreement between the
Houses--and only matters in disagreement between the Houses--are
before the conferees. Manual Sec. 1088. A matter not within the scope
of the differences committed to the conference lies beyond the
authority of the managers even though germane to the question at
issue. 5 Hinds Sec. 6419.
Clause 9 of rule XXII permits managers to propose a substitute
that is a ``germane modification'' of the matter in disagreement but
proscribes the presentation of ``specific additional'' matter not
committed to conference. Clause 9 further prohibits the report of the
managers from including matter not committed to the conference by
either House or a modification of any specific matter committed to the
conference if that modification is beyond the scope thereof. Manual
Sec. 1088. For a discussion of points of order against the report, see
Sec. 22, infra; for the use of special orders of business to waive the
point of order for exceeding ``scope,'' see Sec. 28, infra.

Differences as to Time Periods

When the two Houses fix different periods of time for certain
legislative action, the conferees have latitude to compromise only
between the two time frames, and may not exceed the longer or go below
the shorter. 8 Cannon Sec. 3264. Likewise, where the Senate has
amended a House-passed bill to change the effective date therein, the
authority of the conferees on the bill is limited to the time frame
between the dates in each version. Where the dates contained in both
versions have since passed, the conferees may report the Senate
amendment back in technical disagreement so that the effective date
can be reconsidered. Deschler-Brown Ch 33 Sec. 7.12.

Differences as to Numbers or Amounts

Where the legislative differences between the two Houses on a
measure involve numerical figures, managers at conference are limited
to the range between the highest figure proposed by one House and the
lowest proposed by the other. If, for example, the House proposes a
tariff rate of 30% for a certain product and the Senate proposes a 35%
tariff, the managers may agree on 30% or 35% or any tariff falling
within that range; but they may not agree on a tariff that is less
than 30% or more than 35%. 8 Cannon Sec. 3263. Similarly, where
sections of a conference report contain higher entitlements for
certain veterans' benefits than those contained in either the House
bill or in the Senate amendment, the conferees may be held to have

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exceeded their authority. Deschler-Brown Ch 33 Sec. 7.7. By the same
token, conferees may report back in total disagreement where the
informal decisions reached by the conferees would have exceeded the
scope of the differences committed to conference by reducing certain
aggregate totals below those in either the House or the Senate
version. 95-1, Sept. 13, 1977, p 29021.

Amendments to Existing Law

Where one House has amended an existing law and the other House
has implicitly taken the position of existing law by remaining silent
on the subject, the scope of differences committed to conference lies
between those issues presented in the amending language on the one
hand and the comparable provisions of existing law on the other. 95-2,
Feb. 28, 1978, p 5010. In such cases, the Speaker may examine existing
law to determine whether House conferees have remained within the
scope of the differences committed to conference. Manual Sec. 1088.

Extending Authority of Managers by Resolution

On rare occasions, the managers of a conference have been
permitted to take up a matter not in issue between the Houses pursuant
to a concurrent resolution. 5 Hinds Sec. Sec. 6437-6439. Concurrent
resolutions permitting managers to consider matters not technically
committed to conference are considered by unanimous consent. Manual
Sec. 527.

Sec. 10 . Meetings

Generally; Voting

The managers of the two Houses while in conference vote
separately, the majority in each body determining the attitude to be
taken toward the proposition(s) at issue. 5 Hinds Sec. 6336. When the
report is made, the unqualified signatures of a majority of the
managers from each House are sufficient. For a more thorough
discussion of signatures on a conference report, see Sec. 18, infra.

Meetings as Open or Closed

Clause 12 of rule XXII requires a meeting of each conference
committee to be open to the public except where the House by record
vote determines otherwise. Manual Sec. 1093. The rule permits a point
of order in the House against the report if the House managers fail to
meet at least once in open session as required. See Manual Sec. 548.
If the point of order is sustained, it results in rejection of the
report (signatures notwithstanding) and in an automatic request for a
new conference, and it permits the appointment

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of new conferees without intervening motion to instruct. Deschler-
Brown Ch 33 Sec. 5.13.

Motions to Close a Conference Meeting

Under clause 12 of rule XXII, a motion to authorize conferees to
close a conference meeting is privileged for consideration in the
House after the House has agreed to go to conference. The motion is
not debatable and must be decided by the yeas and nays. The motion may
be amended only if the Member offering the motion yields for that
purpose (or the previous question is rejected). Manual Sec. 1093. The
motion may provide for exceptions or limitations, such as a
stipulation that the meeting may be closed only when certain matters
are under discussion or that any sitting Member of Congress shall have
the right to attend such meeting. 95-2, July 14, 1978, p 20960.

Points of Order as to Meeting Irregularities

There are few formal House rules that govern procedures to be
followed in conducting a meeting of the conferees. Pursuant to clause
12 of rule XXII, managers on the part of the House should abide by
certain guidelines with respect to notice of meetings, topics open to
discussion, and security of papers, and shall be provided with a
``unitary time and place'' to examine the final conference report.
Clause 12(b) provides for a point of order against a conference report
where the conference committee did not comply with these strictures.
Clause 13 of rule XXII also prohibits the consideration of any
conference report that differs in any way from the text that reflects
the action of the conferees on all differences between the two Houses.
Beyond these minimal requirements, the conferees may offer motions
or consider and debate propositions according to their own informal
guidelines or ad hoc rules, with each House having one vote. The
Speaker will not normally sustain a point of order against
consideration of a conference report signed by a majority of House and
Senate conferees based upon irregularities at the conference meeting,
other than the requirement for one open meeting and the other
guidelines of clause 12. 96-2, Mar. 25, 1980, p 6430. This position
reflects the policy that unqualified signatures of a majority of House
and Senate conferees constitute a ratification of any procedural
irregularity alleged to have occurred in a conference committee. The
Speaker will not look behind the signatures to determine whether the
report has incorporated all the agreements informally made in
conference, except as otherwise provided in clauses 12 and 13 of rule
XXII. Deschler-Brown Ch 33 Sec. 18.2. In one instance the Speaker
overruled a point of order against a conference report signed by a
majority of the conferees, although the Member raising the point of
order alleged that the form of the report was inconsistent

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with a motion agreed to in the conference meeting. Deschler-Brown Ch
33 Sec. 7.13.

III. Instructions to Managers; Motions

Sec. 11 . In General

Instructions In Order

Instructions are used primarily to indicate priorities considered
important to the House or to identify positions or amendments it would
support or oppose. The House may instruct its conferees to:

Insist on a portion of a House amendment to a Senate bill. 93-
1, July 24, 1973, pp 25539-41.
Agree to a numbered Senate amendment with an amendment that is
within scope. Manual Sec. 541.
Insist on certain provisions in a House-passed bill. 96-1,
Dec. 19, 1979, p 36895.
Disagree to one of several Senate amendments (notwithstanding
that the House has just disagreed to all Senate amendments in
toto). 91-1, Oct. 9, 1969, p 29315.
Insist on a meeting with Senate conferees. Manual Sec. 1079.

Limitations on Instructions

Instructions may not direct conference managers to do that which
they might not otherwise do (5 Hinds Sec. Sec. 6386, 6387; 8 Cannon
Sec. Sec. 3235, 3244), such as to change a part of a bill not in
disagreement (5 Hinds Sec. Sec. 6391-6394). In addition, instructions
may not:

Change the text to which both Houses have agreed. 5 Hinds
Sec. 6388.
Direct the conferees to agree to something not committed to
conference. Manual Sec. 1088.
Agree to the deletion of certain language committed to
conference if the effect of such deletion results in broadening
the scope of the matter in disagreement. Manual Sec. 1088.
Direct conferees to concur in a Senate amendment with an
amendment not germane thereto. 8 Cannon Sec. 3235.
Include argument. Clause 7(d) of rule XXII.

One House has no jurisdiction over conferees appointed by the
other. Instructions apply only to managers on the part of the House
giving the instructions. 8 Cannon Sec. Sec. 3241, 3242.

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Conferring Authority to Agree to Certain Senate Amendments

A motion to instruct also may be used to authorize House
conferees, pursuant to clause 5 of rule XXII, to agree to certain
Senate amendments. Clause 5 requires such authorization for Senate
amendments that, if originating in the House, would violate clause 2
of rule XXI (legislation on an appropriation bill or an unauthorized
appropriation) or propose an appropriation on a bill other than a
general appropriation bill. Manual Sec. 1076. However, clause 5 does
not permit a motion to instruct conferees on a general appropriation
bill to include additional legislation to that contained in the Senate
amendment. Manual Sec. 1076.

Sec. 12 . Consideration of Motions to Instruct

Generally

The opportunity for the House to instruct conferees arises at
three distinct stages of the legislative process: (1) at the time the
House votes to go to conference, (2) 20 calendar days and,
concurrently, 10 legislative days after the second House has appointed
conferees, the conferees having failed to report (Sec. 14, infra), and
(3) immediately before adoption of a conference report by the first
House, in a motion to recommit the conference report to conference
(Sec. 15, infra). For a discussion of recognition and debate of such
motions, see Sec. 13, infra.

On Going to Conference

After the House has voted to go to conference with the Senate, the
House may consider a timely motion to instruct its managers. A motion
to instruct the House managers at a conference is in order after the
House has agreed to a conference and before the appointment of the
conferees, although the motion may be postponed by unanimous consent
until a time after the appointment. 5 Hinds Sec. Sec. 6379-6382. The
motion is not in order until the House has voted to ask for or agree
to a conference. Deschler-Brown Ch 33 Sec. 10.5. Only one motion to
instruct conferees is in order at this stage. Manual Sec. 541; 8
Cannon Sec. 3236.

Tabling of Motion

A motion to instruct House managers at a conference is subject to
the motion to lay on the table; and, if adopted, does not carry the
bill to the table. Manual Sec. 541. The motion to lay the motion to
instruct on the table is in order after the motion to instruct has
been read or after debate thereon before ordering the previous
question. If the motion to table is voted down,

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the previous question may be moved on the motion to instruct.
Deschler-Brown Ch 33 Sec. 9.13.

Withdrawal or Postponement of Motion

A motion to instruct the House managers at a conference has been
withdrawn after debate thereon. Deschler-Brown Ch 33 Sec. 9.14. The
postponement of consideration of such a motion is permitted by
unanimous consent. Deschler-Brown Ch 33 Sec. 10.4. Under clause 8 of
rule XX, the Speaker may postpone the vote on a motion to instruct.
However, proceedings may not resume on a postponed question of
agreeing to a motion to instruct under clause 7 of rule XXII after the
managers have filed a conference report in the House. Manual
Sec. 1079.

Sec. 13 . -- Debate on Motion; Recognition and Amendments

Recognition and Debate

Recognition to offer the initial motion to instruct House
conferees, and recognition to offer the motion to recommit a
conference report with instructions, are the prerogative of the
minority. The Speaker recognizes the ranking minority member of the
committee reporting the bill when that member seeks recognition to
offer the motion. Manual Sec. 541.
A motion to instruct conferees is debatable under the hour rule.
Under clause 7(b) of rule XXII, the hour is equally divided between
the majority and minority parties unless both support the motion.
Manual Sec. 1078. In that case a Member in opposition to the motion
may demand one-third of the time for debate. No additional debate
thereon is in order unless the previous question is rejected or unless
the Member having the floor yields for amendment. See, e.g., Deschler-
Brown Ch 33 Sec. 9.7. The hour of debate time on a motion to instruct
may be terminated by laying the motion to instruct on the table before
debate. Deschler-Brown Ch 29 Sec. 68.29.

Amendments to Motion

No amendment to a motion to instruct is in order unless the
previous question is rejected or unless the Member having the floor
yields for amendment. Manual Sec. 541.

Divisibility

Neither the initial motion to instruct, nor instructions in a
motion to recommit a conference report, are subject to a division of
the question for voting. Deschler-Brown Ch 30 Sec. 45.2. However, the
20-day motion to instruct (see Sec. 14, infra) is divisible, provided
separate substantive propositions are

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presented. Manual Sec. 921. For more on the divisibility of motions,
see Division of the Question for Voting.

Sec. 14 . Motions After Failure of Managers to Report

Where conferees have been appointed for 20 calendar days and,
concurrently, 10 legislative days (or for 36 hours during the last six
days of a session) and have failed to file a report, motions to
instruct the House managers--or discharge and appoint new ones--are in
order. Clause 7(c) of rule XXII. This period runs from the time that
the conference committee has been formed by appointment in both
Houses. Deschler-Brown Ch 33 Sec. 14.3. The Member offering such
motion must give notice of one legislative day under the rule, and
recognition does not depend on party affiliation. Manual Sec. 1079.
When the House adjourns while such motion is pending, the motion
becomes unfinished business on the next day and does not need to be
renoticed. Manual Sec. 877.
The practice that precludes more than one motion in the House to
instruct conferees before their appointment (Sec. 12, supra) is not
applicable to motions to instruct (or discharge and appoint new)
conferees who have failed to report to the House within the requisite
period. Manual Sec. 541. Indeed, a motion to instruct House conferees
who have failed to report for 20 calendar days and, concurrently, 10
legislative days is in order even though its instructions are the same
as those given to the conferees at the time the bill was sent to
conference. 92-2, May 11, 1972, pp 16838-42. The motion remains
available when a conference report is recommitted by the first House
to act thereon, because the conferees are not discharged and the
original conference remains in existence. Manual Sec. 1079.

Sec. 15 . Instructions in Motions to Recommit

A motion to recommit a conference report may include instructions
to the House conferees. 8 Cannon Sec. 3241; Sec. 35, infra. A report
may be recommitted with instructions to insist on disagreement or take
other action on an amendment contained in the report. Deschler-Brown
Ch 33 Sec. 32.38; 94-2, Sept. 28, 1976, p 33034.
However, the motion may not instruct House conferees to include
matter that is beyond the scope of differences committed to
conference. For example, a motion to instruct conferees on a general
appropriation bill may not instruct the conferees to include a funding
limitation not contained in the House bill or Senate amendment or to
add legislation to that contained in a Senate amendment. Manual
Sec. 1076. Similarly, a motion to recommit a conference report may not
instruct conferees to expand definitions to include

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classes not covered under the House bill or Senate amendment or to
include provisions not contained in the House bill or Senate
amendment. A waiver of all points of order against a conference report
and against its consideration does not inure to instructions contained
in a motion to recommit such measure to conference. Manual Sec. 1088.
Under clause 7(d) of rule XXII, instructions to conferees in a
motion to recommit to conference may not include argument.

Sec. 16 . Instructions as Binding on the Managers

Instructions by the House to its conferees are advisory in nature
and are not binding as a limitation on their authority. Manual
Sec. 550. A failure of conferees to adhere to such instructions does
not render their report subject to a point of order. Manual Sec. 541;
5 Hinds Sec. 6395; 8 Cannon Sec. Sec. 3246-3248. Conferees are not
required to seek further guidance if they are unable to comply with
instructions suggested to them. Deschler-Brown Ch 33 Sec. 12.4. For
these reasons, a point of order will not lie against a conference
report because it is in contravention of instructions imposed on House
conferees. It is for the House to determine by its vote on the report
whether to accept or reject it or to recommit it. Manual Sec. 541. For
a discussion of voting on the report, see Sec. 36, infra.

IV. Conference Reports

A. Generally; Form

Sec. 17 . In General; Preparation and Filing

Generally; Partial Reports

A conference report contains the recommendations of the conference
committee to the two Houses as to the disposition of the matter in
disagreement. The report may recommend, for example, that the House
(or Senate) recede from disagreement to a certain numbered amendment,
or that it agree to a certain amendment with an amendment. A
conference report may contain an entirely new amendment in the nature
of a substitute. Manual Sec. 543; 5 Hinds Sec. Sec. 6465-6467.
The report will normally identify those amendments on which the
committee has been unable to agree. Managers may report an agreement
as to a portion of the numbered amendments in disagreement, leaving
the remainder to be disposed of by subsequent House action. 5 Hinds
Sec. Sec. 6460-6464. For a discussion of disposition of amendments
remaining in disagreement

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between the Houses, see Senate Bills; Amendments Between the Houses.
A conference report is jointly prepared by the managers from the
House and the Senate. The report must be signed by a majority of the
managers of the House and a majority of the managers on the part of
the Senate. Under House precedents, the signatures must be without
qualification, exception, or argument. Sec. 18, infra. Minority views
are not in order. Manual Sec. 543. The managers in the minority have
no authority to make a formal report concerning the conference. 5
Hinds Sec. 6406.
Filing a conference report and subsequent printing in the
Congressional Record are necessary to initiate the three-day waiting
period that must precede the consideration of the report on the floor
of the House. Manual Sec. 1082; Sec. 30, infra. Under clause 7 of rule
XXII the filing of a conference report is privileged. Permission to
file and print a report when the House is not in session may be given
by unanimous consent.
In the case of recommittal of a conference report to a committee
of conference, the subsequent conference report is filed as
privileged, assigned a new number, and otherwise treated as a new and
separate report. Deschler-Brown Ch 33 Sec. 16.2.

Explanatory Statements

Under clause 7(e) of rule XXII, conference reports are to be
accompanied by an explanatory statement prepared jointly by the
conferees on the part of the House and the conferees on the part of
the Senate. This statement must inform the House as to the effect that
the matter contained in the report will have upon the pending measure.
Manual Sec. 1080. This statement is signed by a majority of the
managers of each House, which, under House precedents, must be without
qualification, exception, or argument. Manual Sec. 543.
A report may not be received without the accompanying statement.
Manual Sec. 1080. The Speaker may require the statement to be in
proper form, but it is for the House, and not the Speaker, to
determine its sufficiency. 5 Hinds Sec. Sec. 6511-6513.
Pursuant to clause 9 of rule XXI, the joint explanatory statement
must contain a listing of congressional earmarks and tax and tariff
benefits, or a statement that the proposition contains no such
provisions.
Although minority views are not in order on a conference report,
the majority of the managers may, in the statement accompanying the
report, indicate exceptions taken or objections raised by certain
conferees who signed with the majority. Deschler-Brown Ch 33
Sec. 20.4. A conferee may not revise or supplement a joint statement
of managers by inserting in the Con

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gressional Record by unanimous consent extraneous material. Manual
Sec. 1080.

Sec. 18 . Signing and Signatures

To be valid in the House, a conference report must be signed by a
majority of the managers of the House and by a majority of the
managers of the Senate without qualification, exception, or argument.
Manual Sec. 543; 5 Hinds Sec. Sec. 6497-6502 (even though under Senate
practice signatures with conditions or exceptions are counted toward a
majority). In the House each provision must be signed by a majority of
the Members appointed for that provision only (including general and
additional conferees). However, under Senate practice, signatures are
counted strictly per capita. Reports bearing insufficient signatures
are subject to a point of order and will not be received. 5 Hinds
Sec. 6497; 8 Cannon Sec. 3295.
Reports are made in duplicate for the two Houses, the House
managers signing first the report for their House and the Senate
managers signing the other report first. 5 Hinds Sec. 6500. The name
of an absent manager may not be affixed to a conference report. A
quorum among the managers on the part of the House at a committee of
conference is established by their signatures on the conference report
and joint explanatory statement. Manual Sec. 1080. Pursuant to clause
12 of rule XXII, managers on the part of the House must be provided a
unitary time and place to sign (or not) the conference report and
joint explanatory statement. Manual Sec. 1093.

Signatures with Qualifications

Under prior practice, conferees were permitted to sign a
conference report with qualification or exception. 5 Hinds
Sec. Sec. 6489-6496, 6538. However, recent precedents in the House
weigh against allowing such signatures to be counted with the majority
in support of the report. Signatures bearing exception, qualification,
or argument are redacted. This is consistent with the general rule
that conferees may not file separate or minority views. Managers on
the part of the House must act on a conference report as a whole,
either by signing it to indicate their support for all that is
included in the report or by declining to sign it to indicate their
opposition to any part thereof. Manual Sec. 543; 8 Cannon Sec. 3302.
However, under Senate practice, House and Senate signatures with
conditions or exceptions are counted toward a majority.

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Sec. 19 . Correction of Errors

A correction to language appearing in a conference report may be
made by the Clerk or the Secretary of the Senate in the enrollment of
the bill if authorized by concurrent resolution. Such a concurrent
resolution may be considered by unanimous consent, under suspension of
the rules, or by report from the Committee on Rules. Manual Sec. 527.
In one instance, a conference report and concurrent resolution making
changes therein (by correcting the enrollment) were simultaneously
adopted under a motion to suspend the rules. Deschler-Brown Ch 33
Sec. 30.28.
The inadvertence of the conferees in failing to dispose of an
amendment to a title does not prevent the amendment from coming back
to the House for disposition by motion or unanimous consent following
adoption of the conference report. 94-2, Apr. 28, 1976, p 11598; 94-2,
Sept. 10, 1976, p 29759; 107-2, Oct. 10, 2002, p 20333.

B. Limitations on Reports; Points of Order

Sec. 20 . In General

A conference report is subject to a point of order for failure to
comply with a rule of the House when the report is called up for
consideration in the House and before debate on it begins. Deschler-
Brown Ch 33 Sec. 25.9. For a discussion of raising points of order,
see Sec. 27, infra.

Sec. 21 . Reports Exceeding Authority of Managers

A point of order will lie against a conference report on the
ground that the conferees have agreed to a provision that was beyond
the limits of their authority. Manual Sec. 1088; Sec. 9, supra. If the
point of order is sustained, the conference report is vitiated; and
the bill and amendments are again before the House for consideration.
Manual Sec. 547; 8 Cannon Sec. 3256; 107-2, Nov. 14, 2002, p 22408.
Sustaining a point of order on a conference report on the ground
that it contains a provision beyond scope does not preclude subsequent
consideration of the same provision in the House by motion. The bill
and amendments are again before the House and, the stage of
disagreement having been reached, motions relating to amendments and a
further conference are in order. Deschler-Brown Ch 33 Sec. 25. A
matter ruled out as beyond scope may constitute a germane amendment to
a Senate amendment remaining in disagreement.

[[Page 353]]

For a discussion of the Senate scope rule, clause 2 of Senate Rule
XXVIII, see Deschler-Brown Ch 33 Sec. 19.4.

Sec. 22 . -- Conference Substitutes or Modifications

Under clause 9 of rule XXII, a conference report containing a
substitute agreed to by the managers may not include matter not
committed to the conference by either House. Manual Sec. 1088. Points
of order under the rule are confined to language in the conference
report and do not extend to expressions of intent in the joint
statement. Deschler-Brown Ch 33 Sec. 7.4. Even a modification of a
proposition will give rise to a point of order if it is beyond the
scope of either the bill or the amendment as committed to conference.
Deschler-Brown Ch 33 Sec. 7.11. The deletion of provisions ``not
committed to conference'' because the text has been agreed to by both
Houses or is identical in the bill and the amendment also may give
rise to a point of order. Manual Sec. 527. The managers may eliminate
specific words or phrases contained in either version and add words or
phrases not included in either version only if they remain within the
scope of their differences and do not incorporate additional topics,
issues or propositions. Deschler-Brown Ch 33 Sec. 7.4.

Sec. 23 . Nongermane Senate Matter

A Member may raise a point of order against certain language in a
conference report if such matter originated in the Senate but would
have been considered as not germane if offered to the text when under
consideration in the House. The point of order may be raised with
respect to a Senate amendment, a conference substitute, or a provision
in a Senate bill (if not included in the House-passed version). The
point of order must be raised before the report itself is debated.
Clause 10(a) of rule XXII.
If the Chair sustains a point of order that conferees have agreed
to a nongermane Senate provision, a motion to reject that provision is
in order, which is debatable for 40 minutes, equally divided between
the Member offering the motion and a Member opposed. Clause 10(b) of
rule XXII. Recognition is not based on party affiliation. Deschler-
Brown Ch 29 Sec. 17.10. No other point of order under clause 10(a) may
be made until disposition of the motion to reject. Manual Sec. 1090.
Under clause 10(d) of rule XXII, if the House votes in favor of
any motion to reject the nongermane matter, the report itself is
considered as rejected. The House then automatically proceeds to
consider a motion to recede and concur with an amendment (consisting
of that portion of the report not rejected) or to insist on its own
amendment. Manual Sec. 1089. The adop

[[Page 354]]

tion of clause 10(d) was based on the principle that a conference
report must be acted on as a whole. It must be either agreed to or
disagreed to in its entirety. Manual Sec. 549.
If, after disposition of all motions to reject, the conference
report is not rejected, the nongermane Senate matter is retained, and
debate commences on the conference report itself. Deschler-Brown Ch 33
Sec. 30.24.
Points of order arising under clause 10(a) of rule XXII are
normally waived by a special order of business from the Committee on
Rules or by unanimous consent. Sec. 28, infra.

Sec. 24 . Senate Appropriations on House Legislative Bill

Under clause 5 of rule XXII, the House managers may not agree to a
Senate amendment providing for an appropriation on any bill other than
a general appropriation bill unless specific authority to agree to
such amendment is first given by the House. Manual Sec. 1076.
Therefore, where a House legislative measure has been committed to
conference and the conferees agree to a Senate amendment appropriating
funds, the conference report thereon is subject to a point of order
and may be ruled out. Manual Sec. 1076. This point of order:

Applies only to Senate amendments that are reported from
conference and not to appropriations reported in Senate
legislative bills. Manual Sec. 1076.
Does not apply if House conferees were authorized to agree to
the amendment by separate House vote, such as a motion to
instruct or a motion to recommit with instructions. Manual
Sec. 1076.
Does not apply to a provision permitted by the House to remain
in its own bill. Manual Sec. 1076.
May be waived by a special order of business or by unanimous
consent. Sec. 28, infra.

Sec. 25 . Senate Legislation on House Appropriation Bill

Language changing existing law in violation of clause 2(c) of rule
XXI--often referred to as ``legislation on an appropriation bill''--
may give rise to a point of order if it appears in a Senate amendment
agreed to by the conference managers. The House managers may not agree
to such an amendment unless specific authority to agree to the
amendment is first given by the House by a separate vote, such as a
vote on a motion to instruct or a motion to recommit with
instructions. Manual Sec. Sec. 1039, 1076. The purpose of this
restriction is to prevent conference committees from using
appropriation bills to legislate or to agree to unauthorized
appropriations without the permission of the House. 7 Cannon
Sec. 1574.

[[Page 355]]

Because of the point of order that will lie against the conferees'
agreement to a Senate legislative amendment to an appropriation bill
under the rules, it was at one time a customary practice to report
such amendments in technical disagreement, where such Senate
amendments were separately numbered. The House would first consider a
partial report consisting of the matter agreed to in conference and
not in conflict with rule XXI, and then consider separately those
amendments reported in real or technical disagreement. Such Senate
amendments are not subject to a point of order when reported from
conference in disagreement, and may be called up for disposition by
separate motion. Manual Sec. 1076. Under clause 8(b)(3) of rule XXII,
a preferential motion to insist on disagreement to the Senate
amendment is in order if offered by the House committee having
jurisdiction thereof and if the original motion to dispose of the
Senate legislative amendment offered by the House manager proposes to
amend existing law. Manual Sec. 1084; see Senate Bills; Amendments
Between the Houses. However, under modern practice, the Senate
ordinarily amends a House-passed general appropriation bill with one
amendment in the nature of a substitute, which precludes reporting in
partial disagreement of portions thereof and necessitates waivers of
points of order in the House.

Sec. 26 . Congressional Budget Act Violations

Congressional action on legislation reported from a conference
committee is subject to the Congressional Budget Act of 1974. Manual
Sec. 1127. The following Congressional Budget Act points of order lie
against a conference report:

Containing spending, revenue, or debt-limit legislation for a
fiscal year before a budget resolution for that year has been
adopted. Sec. 303(a).
Containing matter within the jurisdiction of the House and
Senate Budget Committees but not reported by those committees.
Sec. 306.
On reconciliation legislation if containing a recommendation
that changes Social Security. Sec. 310(g).
Breaching the allocation--to each committee with
jurisdiction--of appropriate levels of budgetary spending
authority. Sec. 302(f).
Breaching certain budgetary levels as set forth in the
applicable concurrent resolution on the budget. Sec. 311(a).
Providing certain budget authority beyond that provided for in
advance in appropriation acts. Sec. 401.
Increasing the costs of Federal intergovernmental mandates by
amounts that exceed specified thresholds (to be determined by a
vote on the question of consideration). Sec. 425.
On reconciliation legislation (in the Senate only) that
includes extraneous provisions (the ``Byrd Rule''). Sec. 313.

[[Page 356]]

Sec. 27 . Raising Points of Order

Generally

A point of order against a conference report comes too late after
debate has been had on the report. The point of order should be made
when the report is called up for consideration and before debate
thereon. Deschler-Brown Ch 33 Sec. 25.9. Where a reading is required,
a point of order against the report is not entertained until after the
report has been read and cannot be reserved during a reading of the
report. Deschler-Brown Ch 33 Sec. 25.12; 94-1, Dec. 15, 1975, p 40671.
Under clause 8(c) of rule XXII, a conference report is considered as
read if it has been available for three days (having been printed in
the Congressional Record on the day filed). The report also may be
considered as read by a special order of business or by unanimous
consent.

Multiple Points of Order

The Chair may rule on all points of order raised against a
conference report, whether they are made separately or at one time.
Deschler-Brown Ch 33 Sec. 25.18. However, the Chair entertains and
rules on points of order that, if sustained, will vitiate the entire
conference report before entertaining points of order against certain
portions of the report under clause 10 of rule XXII. Manual Sec. 1090.
Where a point of order against a conference report is overruled, a
second point of order may be pressed against the report, providing
that debate on the report has not intervened. Deschler-Brown Ch 33
Sec. 25.17.

Points of Order and the Question of Consideration

The question of consideration may be raised against a conference
report before the Chair entertains points of order against the report
on the ground that it is useless to entertain points of order if the
House is not going to consider the report. However, a point of order
should be decided first if it concerns whether the matter is
privileged to come up for consideration in the first instance. Manual
Sec. 909.
Under section 426 of the Congressional Budget Act of 1974, which
provides for disposition of points of order that preclude unfunded
Federal intergovernmental mandates, a question of consideration can be
raised against a conference report that contains a provision
increasing the costs of such mandates above levels specified in
section 424 of that Act. If the provision is precisely identified in
the point of order, the House can then, by voting on the question of
consideration, determine whether or not to allow the entire conference
report to be considered.

[[Page 357]]

Earmarks

Clause 9(a) of rule XXI provides that a conference report must be
accompanied by a disclosure statement for it to be considered in the
House. Such a statement lists the congressional earmarks, limited tax
benefits, and limited tariff benefits contained in the conference
report or joint explanatory statement, or states that the conference
report or joint statement contains no such provisions. Such statements
must also include the names of Members requesting such items. Manual
Sec. 1068d. A point of order will be sustained against a conference
report that is not accompanied by a disclosure statement. The Chair
will assess merely its inclusion in the joint explanatory statement
and not its accuracy or sufficiency. 110-1, May 10, 2007, pp 12190,
12191.
Clause 9(b) of rule XXI provides for similar treatment of
conference reports accompanying general appropriation bills. The joint
explanatory statement must include an earmark disclosure statement
listing all congressional earmarks, limited tax and tariff benefits
that were neither committed to the conference by either House nor
contained in a report of a committee of either House on such bill or
companion measure (or a statement that the conference report contains
no such provisions).
Clause 9(c) of rule XXI provides for a point of order against a
special order of business that waives either clause 9(a) or 9(b). See
Sec. 28, infra.

Sec. 28 . Waiving Points of Order

By Special Order of Business

Points of order against a conference report--or against the
consideration of a conference report--may be waived pursuant to a
resolution reported by the Committee on Rules and adopted by the
House, and this has become the normal practice. See, e.g., 107-1, H.
Res. 312, Dec. 12, 2001, p 25089. The resolution normally waives all
points of order but may waive one or more specific points of order.
Such a resolution may also waive all points of order against a
conference report except against certain provisions, for example,
sections therein that contain matter beyond the House conferees' scope
of authority in violation of clause 9 of rule XXII. Deschler-Brown Ch
33 Sec. 26.8.
While a resolution may waive the earmark point of order (clauses
9(a) and 9(b) of rule XXI), such a resolution would then itself be
subject to a point of order under clause 9(c) of rule XXI. The point
of order is disposed of by the question of consideration, with 20
minutes of debate permitted by the rule. Similarly, a resolution that
waives the unfunded mandates point of order under the Congressional
Budget Act is likewise subject to a point of

[[Page 358]]

order disposed of by the question of consideration. See Question of
Consideration and Unfunded Mandates.

By Unanimous Consent

By unanimous consent the House may waive some or all of the points
of order that would otherwise lie against a conference report and may
take such action before the report has been filed or even before the
conferees have reached agreement. 98-2, June 18, 1984, p 16841; 99-1,
Dec. 16, 1985, p 26559. By unanimous consent, the House has provided
for the following:

The consideration of a report (on a bill on which conferees
had just been appointed) on that same day or any day thereafter
(if filed). 99-1, Aug. 1, 1985, p 22640.
The consideration of a report not yet filed and amendments
reported in disagreement, subject to one-hour availability to
Members. Deschler-Brown Ch 33 Sec. 2.24.
The consideration of a report containing no joint statement of
the managers. 98-2, June 29, 1984, p 20206.
The midnight filing of a new report on a bill recommitted to
conference, and the consideration of the report on the
following day. 97-2, Aug. 17, 1982, pp 21397, 21398.

By Motion to Suspend the Rules

A conference report may be adopted pursuant to a motion to suspend
the rules. Deschler-Brown Ch 33 Sec. 30.26. The Speaker may recognize
a Member to move to suspend the rules and agree to a conference report
that has been ruled out of order because the conferees exceeded their
authority in violation of clause 9 of rule XXII or because the
conference report has not met its availability requirement under
clause 8 of rule XXII. Deschler-Brown Ch 33 Sec. 26.28; Deschler-Brown
Ch 33 Sec. 27.9.

C. Consideration and Disposition of Reports

Sec. 29 . In General; Custody of Official Papers

Both Houses of Congress must agree to a conference report, and
they do so seriatim. Either House must be in possession of the
official papers before it can act. Manual Sec. 549. Under a practice
suggested by Jefferson, at the close of an effective conference, the
official papers change hands from the House asking the conference to
the House agreeing to the conference. The managers on the part of the
House agreeing to the conference take possession of the papers and
submit them and the report to their House, which acts first on the
report. However, the managers for the agreeing

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House may nevertheless surrender the papers to the asking House so
that it may act first on the report. Manual Sec. 555; 8 Cannon 3330.
In the event that the matter in disagreement is an amendment of
the House that requested the conference, the papers may be surrendered
to the other House to permit it to act first on, and respond to, that
amendment. Deschler-Brown Ch 33 Sec. 24.13.

Sec. 30 . Layover and Availability Requirements

Generally

The floor consideration of conference reports is subject to
layover and availability requirements under clause 8(a) of rule XXII.
Manual Sec. 1082. They require that conference reports:

Be printed in the Congressional Record on the day filed and be
available for three calendar days (excluding Saturdays,
Sundays, and legal holidays unless the House is in session).
Be available to Members on the floor for at least two hours
before consideration thereof.

The three-day layover requirement does not apply during the last
six days of a session. Manual Sec. 1082. This is construed to mean
that, during the last six calendar days before the constitutional end
of a session on January 3, a conference report may be called up on the
same day it is filed. Deschler-Brown Ch 33 Sec. 22.5.

Waivers

The three-day layover rule may be waived by unanimous consent, by
suspension of the rules, or, more commonly, by adoption of a special
order of business. Sec. 28, supra. A resolution only waiving the
availability requirement may be considered on the same day the
resolution is reported under clause 8(e) of rule XXII and clause
6(a)(2) of rule XIII. Such a resolution may permit a waiver of the
three-day layover requirement for the remainder of a session. 93-2,
Dec. 18, 1974, pp 40846, 40847.
Even if the three-day layover requirement is waived, the
conference report is still to be available at least two hours before
the matter is taken up for consideration, although the two-hour
requirement may likewise be waived pursuant to a special order of
business. Deschler-Brown Ch 33 Sec. 27.10. The two-hour requirement
also may be waived pursuant to a unanimous-consent agreement providing
for consideration ``immediately'' after filing. Deschler-Brown Ch 33
Sec. 27.9.

[[Page 360]]

Sec. 31 . Filing and Calling Up Report; Reading

Generally; Precedence

A conference report may be called up in the House as privileged
business after the report has been filed and is in compliance with the
three-day layover and two-hour availability requirements of rule XXII.
Sec. 30, supra.
Because of its potential value in settling House-Senate
differences, the filing of a conference report is considered as a
matter of high privilege. Clause 7 of rule XXII; Manual Sec. 1077; 5
Hinds Sec. 6443. A conference report must be filed by a conferee. Its
presentation or filing takes precedence over:

Unfinished business. Manual Sec. 1077.
The reading of a bill. 5 Hinds Sec. 6448.
A Member occupying the floor in debate. 5 Hinds Sec. 6451.
The ordering of (or demand for) the previous question. 5 Hinds
Sec. Sec. 6449, 6450.
The question of ordering a recorded vote. 5 Hinds Sec. 6447.
A motion to refer a Senate bill. 5 Hinds Sec. 6457.
A motion to reconsider. 5 Hinds Sec. 5605.
A motion to adjourn (although as soon as the report is
presented the motion to adjourn may be put). Manual Sec. 1077.

Who May Call Up

A conference report may be called up for consideration in the
House by the senior manager on the part of the House at the
conference. Such report may be called up by a manager who is in fact
opposed to the report and who did not sign it. Deschler-Brown Ch 33
Sec. 23.3. If the senior House manager is unable to be present on the
floor to call up the report, the Speaker will recognize another
majority member of the conference committee. Deschler-Brown Ch 33
Sec. 23.1.

Reading

Under clause 8(c) of rule XXII, a conference report that meets the
availability requirements need not be read when called up for
consideration in the House. If it has not been available for the
three-day period, it must be read in full when called up for
consideration, unless dispensed with by a special order of business or
by unanimous consent. The statement of the managers accompanying a
conference report may by unanimous consent be read in lieu of the
report. Deschler-Brown Ch 33 Sec. 20.9.

Withdrawal; Postponement

A conference report may be withdrawn from consideration in the
House by the Member calling it up at any time before action thereon.
Deschler-

[[Page 361]]

Brown Ch 33 Sec. 20.9. Similar practice in the Senate has been
criticized. 5 Hinds Sec. 6549.
A motion to postpone the consideration of a conference report to a
day certain is permitted until the previous question is ordered on the
report. Thereafter, postponement is permitted only by unanimous
consent (except for the Speaker's authority to postpone the vote on
adoption of a conference report under clause 8 of rule XX). Deschler-
Brown Ch 33 Sec. 30.9. Under clause 1(c) of rule XIX, adopted in the
111th Congress, where the previous question is operating to adoption
of a conference report pursuant to a special order of business, the
Speaker has authority to postpone further consideration of the
conference report until a later time. Manual Sec. 1000a.

Sec. 32 . En Bloc Consideration

Reports

Ordinarily, it is not permissible to consider several conference
reports en bloc. Each conference report should be considered and voted
upon separately. Deschler-Brown Ch 33 Sec. 30.2. However, pursuant to
a resolution from the Committee on Rules, the House may consider and
vote on two or more conference reports en bloc. Deschler-Brown Ch 33
Sec. 22.10.

Amendments in Disagreement

Where two or more amendments have emerged from conference in
disagreement, they may by unanimous consent be considered en bloc
where the same motion is to be applied to each amendment. Deschler-
Brown Ch 33 Sec. 29.42. Proposed motions to dispose of the amendments
that were not all the same (as where they proposed to recede and
concur with different amendments) also may be considered by unanimous
consent. Deschler-Brown Ch 32 Sec. 11.10. For disposition of Senate
amendments generally, see Senate Bills; Amendments Between the Houses.

Sec. 33 . Debate

Generally; Extending Time

Debate on a conference report is under the hour rule. Clause 2 of
rule XVII; clause 8(d) of rule XXII; Manual Sec. Sec. 957, 1086. Such
debate may be extended by unanimous consent or by special order of
business reported by the Committee on Rules but not by motion.
Deschler-Brown Ch 33 Sec. Sec. 28.2, 28.3. The one hour of debate
could also be continued if the motion for the previous question were
rejected. 93-2, Feb. 27, 1974, p 4397.

[[Page 362]]

Division of Time

Under clause 8(d) of rule XXII, the time for debate on a
conference report or an amendment emerging from conference in
disagreement is equally divided between the majority and minority
parties. The rule has been interpreted to require an equal allocation
of time on a motion to dispose of an amendment in disagreement
following rejection of a conference report by the House or following
the sustaining of a point of order against a conference report.
Indeed, it has become the practice of the House to equally divide the
time on all motions to dispose of amendments emerging from conference
in disagreement, whether the amendment has been reported in
disagreement or has come before the House at some other stage for
disposition. Manual Sec. 1086.

Three-way Division of Debate

Clause 8(d) of rule XXII provides that, if both the floor manager
for the majority and the floor manager for the minority support a
conference report, the hour of debate thereon may be divided three
ways--among the two managers and a Member who is opposed. Manual
Sec. 1086. This allocation may not be claimed if the minority manager
indicates opposition to the report. 99-2, Oct. 15, 1986, p 31515.
Recognition of a Member to control the 20 minutes of debate in
opposition does not depend upon party affiliation. Priority in such
recognition is accorded to a member of the conference committee.
Manual Sec. 1086.
To open debate, the Chair recognizes first the majority manager
calling up the conference report, then the minority manager, then the
Member in opposition. The right to close the debate where the time is
divided three ways falls to the manager calling up the conference
report. A similar three-way division of time applies to the motion
offered by the floor manager to dispose of an amendment remaining in
disagreement if the floor managers for the majority and minority favor
the motion. Manual Sec. 1086.

Sec. 34 . -- Recognition; Control of Debate Time

Generally

When a conference report is called up or a Senate amendment in
disagreement is pending, the hour of debate time is equally controlled
by the majority and minority parties. Manual Sec. 1086. Where the
Member calling up the report does not seek recognition as a majority
member to offer a motion to dispose of the matter reported in
disagreement, another majority member may be recognized to offer such
a motion and to control one-half of the time thereon. Deschler-Brown
Ch 32 Sec. 8.11. Where conferees have

[[Page 363]]

been appointed from two committees of the House, the Speaker may
recognize the chair of one committee to control 30 minutes and a
minority member of another committee to control 30 minutes. Deschler-
Brown Ch 33 Sec. 28.6. By unanimous consent, the time allocated to the
majority and minority may be reallocated to other Members, with the
right of those Members to yield time to other Members. 99-2, Oct. 8,
1986, p 29714.
Debate in the House on a Senate amendment reported from conference
in disagreement having been divided, the minority member in charge
controls 30 minutes for debate only and may yield to other Members for
debate only. Another minority member, merely by offering a
preferential motion, does not thereby control one-half of the time
under the original motion. Manual Sec. 1086.
However, if the original motion is defeated, recognition may shift
and a second motion to dispose of the amendment may be offered; and if
the second motion is offered by a minority member, the Chair may
allocate the hour of debate between such minority member and a
majority member, although neither controlled time on the initial
motion. Manual Sec. 1086.

Debate Following Division of the Question

Where a preferential motion to recede and concur in an amendment
reported from conference in disagreement has been divided, one hour of
debate, equally divided between the majority and minority, is
permitted on the motion to recede. If the previous question is ordered
only on the motion to recede and if the House then recedes and a
preferential motion to concur with an amendment is offered, another
hour of debate equally divided is permitted. 95-1, Aug. 2, 1977, p
26206; 95-2, Oct. 5, 1978, p 33698. The Chair may put the question on
receding without debate if the majority and minority floor managers do
not seek recognition to debate that portion of the original motion,
because the subsequent question of concurring, or concurring with an
amendment, is debatable for one hour, equally divided between the
managers. 98-2, Oct. 10, 1984, p 31694.

Sec. 35 . Recommittal of Report

Generally; By Motion

A motion to recommit a conference report to the existing
conference committee is in order if the other House has not acted on
the report and thereby discharged its managers. Manual Sec. 550. After
one House has acted on a report, the other House has only the option
of accepting or rejecting it. Deschler-Brown Ch 33 Sec. 32.6. After
both Houses have acted on the re

[[Page 364]]

port, it may be recommitted to conference only by concurrent
resolution. Manual Sec. 550; 8 Cannon Sec. 3316.
The motion to recommit is initially the prerogative of the
minority. See Refer and Recommit. However, the Speaker has recognized
a majority member to offer a motion to recommit a conference report in
the absence of a minority member seeking recognition to offer the
motion. Deschler-Brown Ch 33 Sec. 32.20.
A motion to recommit a conference report is not in order until the
previous question has been ordered on the report. Deschler-Brown Ch 33
Sec. 32.10. Only one valid motion is permitted, so if the motion is
voted down, the question before the House is on the adoption of the
report. Deschler-Brown Ch 33 Sec. 32.52. However, if a recommittal
motion with instructions is ruled out on a point of order, a valid
motion may still be offered. A motion to recommit comes too late after
the report has been agreed to. Deschler-Brown Ch 33 Sec. 32.13.
Under section 305(a)(6) of the Congressional Budget Act of 1974, a
motion to recommit a conference report on a concurrent resolution on
the budget is not in order.
Where a conference report is recommitted to conference, the House
managers carry the original papers back to conference. Deschler-Brown
Ch 33 Sec. 32.51. The same conferees remain appointed. Deschler-Brown
Ch 33 Sec. 32.2. To produce a new conference report, the conference
must meet again and obtain new signatures for the second report. If a
second report is then filed by the conferees, it is numbered and
otherwise treated as a new and separate report. Deschler-Brown Ch 33
Sec. 32.48. Because the same conference remains in being after
recommittal, the time period regarding the availability of a
subsequent motion to instruct resumes from where it was tolled when
the conference report was filed. 101-2, June 28, 1990, p 16157. See
Sec. 14, supra.
For a discussion of instructions in a motion to recommit, see
Sec. 15, supra.

Recommittal by Unanimous Consent or Special Order of Business

Conference reports are sometimes recommitted by unanimous consent
in the House acting first. Deschler-Brown Ch 33 Sec. 32.40. This
procedure may be used:

To recommit a report in which an error has been discovered.
Deschler-Brown Ch 33 Sec. 32.40.
To permit the conferees to make certain changes and to file a
new report. Deschler-Brown Ch 33 Sec. 32.41.

[[Page 365]]

Where the conferees have exceeded their authority in reporting
a matter not in disagreement. 90-1, June 28, 1967, p 17738.

A conference report also may be recommitted by a special order of
business reported by the Committee on Rules. See, e.g., 107-1, May 8,
2001, pp 7358-62; 108-1, Oct. 28, 2003, p 25990.

Sec. 36 . Final Disposition of Report; Voting

Generally

As a general rule, when a conference report has been debated and
its final disposition is pending, only three courses of action are
available to the Members: (1) agree, (2) disagree, or (3) recommit to
conference. 5 Hinds Sec. Sec. 6546, 6558. For recommittal, see
Sec. 35, supra. Conference reports may not be:

Disposed of by the motion to table after the previous question
is ordered. 5 Hinds Sec. Sec. 6538-6544.
Referred to a standing committee. 5 Hinds Sec. 6558.
Amended (5 Hinds Sec. Sec. 6534, 6535), except by concurrent
resolution (5 Hinds Sec. 6536).
Sent to Committee of the Whole. 5 Hinds Sec. Sec. 6559-6561.

A report having been called up, the motion to agree to the report
is regarded as pending. The Speaker may put the question on the report
without motion from the floor. 5 Hinds Sec. 6517; 8 Cannon Sec. 3300.
Although most reports are agreed to by majority vote, a two-thirds
vote is required on a report relating to a constitutional amendment (5
Hinds Sec. 7036) and under clause 5(b) of rule XXI, a three-fifths
vote is required on a conference report carrying a Federal income tax
rate increase. For Speaker's discretion to postpone a vote on a
conference report, see clause 8 of rule XX; Manual Sec. 1030. For
postponement of conference reports, see Sec. 31, supra.
Under clause 10 of rule XX, the yeas and nays are considered
ordered on the adoption of a conference report on a general
appropriation bill, on a concurrent resolution on the budget, or on a
bill increasing Federal income tax rates.

Partial Reports

A conference report must generally be acted on as a whole and
either agreed to or disagreed to in its entirety. Rejection of a
portion of a conference report under a special order of business
permitting such a separate vote results in the rejection of the entire
report. Deschler-Brown Ch 33 Sec. 30.5. Until the report has been
acted on, no motion to deal with individual amendments reported in
disagreement is in order. 5 Hinds Sec. Sec. 6323, 6389,

[[Page 366]]

6390. In some cases, however, the managers return to the House with a
partial conference report dealing with the amendments on which they
have reached agreement but specifying one or more amendments that
remain in disagreement. 5 Hinds Sec. Sec. 5460-5464. In such cases,
the vote first occurs on agreeing to the conference report on those
matters on which agreement has been reached. The amendments reported
therein in disagreement are reported and acted on seriatim thereafter.
Deschler-Brown Ch 33 Sec. 29.3. For a discussion of amendments
reported in total disagreement, see Sec. 38, infra.

Motions to Reconsider the Vote

After disposition of the report and any or all amendments reported
from conference in disagreement, it is in order to move to reconsider
the vote on a motion disposing of one of the amendments. Deschler-
Brown Ch 33 Sec. Sec. 30.35, 30.36. The Speaker may put as one
question reconsideration of multiple votes (subject to demand for a
separate vote on reconsideration of any question) and a Member may
then move to lay all motions to reconsider on the table. 95-2, Oct. 4,
1978, p 33480. Under section 305(a)(6) of the Congressional Budget Act
of 1974, a motion to reconsider the vote on a conference report on a
concurrent resolution on the budget is not in order.

Sec. 37 . Effect of Rejection of Report; Further Conferences

When either House disagrees to a conference report, the matter is
left in the position it was in before the conference was asked. 5
Hinds Sec. 6525. Motions for the disposition of amendments in
disagreement or to send the matter to further conference are again in
order. Clause 4 of rule XXII; Manual Sec. Sec. 551, 1075; 8 Cannon
Sec. 3303. Thus, the House may reject a conference report, insist on
disagreement to a Senate amendment, and ask for a further conference.
Manual Sec. 528d. However, a motion to instruct House managers at a
new conference is not in order until the motion to go to further
conference has been agreed to. Deschler-Brown Ch 33 Sec. 31.8.

D. Disposition Where Managers Report in Total Disagreement

Sec. 38 . In General

Where the managers at a conference are unable to come to any
agreement on the matters committed to them, they prepare and sign a
written report to that effect. 5 Hinds Sec. Sec. 6565-6570. The report
is filed and ordered printed. Manual Sec. 545. Under the former
practice, amendments reported in total disagreement could be taken up
for immediate consideration in the

[[Page 367]]

House. 8 Cannon Sec. Sec. 3299, 3332. Today the matter in disagreement
is subject to the three-day layover requirement of clause 8(b) of rule
XXII.
House action on amendments reported in total disagreement differs
from that of the Senate. In the Senate a conference report in total
disagreement is considered before disposition of the reported
amendments. Deschler-Brown Ch 33 Sec. 29.13. In the House, after the
report is called up, action is taken on the amendment in disagreement
but not on the report. Deschler-Brown Ch 33 Sec. 29.3. Thus, where
conferees report in disagreement absent a special order of business,
and the Senate then recedes and concurs in the House amendments with
an amendment, the conference report is not acted on in the House; the
Speaker merely directs the Clerk to report the Senate amendments to
the House amendments for disposition by motion. Deschler-Brown Ch 33
Sec. 29.28. Debate (including possible three-way debate) and voting
proceeds in the same manner as on amendments reported from conference
in partial disagreement. See Sec. 33, supra. Motions to dispose of
amendments in disagreement, see Senate Bills; Amendments Between the
Houses.

[[Page 369]]

CHAPTER 14
CONGRESSIONAL PROCEDURES ENACTED IN LAW

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Constitutionality
Sec. 3. Consideration in the House
Research References
U.S. Const. art. I, Sec. 7
Manual Sec. 1130

Sec. 1 . In General

Congress has enacted numerous laws reserving for itself the right
of review by approval or disapproval of certain actions of the
executive branch or of independent agencies. These laws take various
forms, often including expedited procedures. For example, the Alaska
Natural Gas Transportation Act of 1976 permits the privileged
consideration of joint resolutions approving Presidential decisions on
the Alaska natural gas transportation system when those resolutions
are reported from committee or are discharged after 30 days. 15 USC
Sec. Sec. 719f, 719g; Manual Sec. 1130(18); 95-1, Nov. 1, 1977, p
36347. Another statute sets forth a similar procedure for
congressional approval or disapproval of certain actions by the
District of Columbia Council. District of Columbia Home Rule Act,
Sec. Sec. 602(c), 604; Manual Sec. 1130(5). The House Rules and Manual
carries a compilation of current texts of congressional disapproval
provisions that include expedited procedures. Manual Sec. 1130.

Sec. 2 . Constitutionality

Federal court decisions indicate that congressional action to
approve or disapprove an executive branch determination should be
undertaken by way of a bill or joint resolution and not by way of a
simple or concurrent resolution or through committee action. In 1983,
the Supreme Court declared in Immigration and Naturalization Service
v. Chadha (462 U.S. 919 (1983)) that a statute permitting the
disapproval of a decision of the Attorney General by simple resolution
of one House was unconstitutional. The Court said the device violated
the doctrine of separation of powers, the principle of bicameralism,
and the clause of the Constitution requiring that legislation passed
by both Chambers must be presented to the President for signature

[[Page 370]]

or veto. In an earlier decision, the Court of Appeals specifically
held a one-House legislative veto provision in the Natural Gas Policy
Act of 1978 (15 USC Sec. 3341(b)) unconstitutional. In its decision,
the circuit court for the District of Columbia said that the primary
basis for its holding was that the one-House veto violates article I,
section 7, of the Constitution both by preventing the President from
exercising the veto power and by permitting legislative action by only
one House of Congress. The circuit court also found the one-House veto
to contravene the separation of powers principle implicit in articles
I, II, and III because it authorizes the legislature to share powers
properly exercised by the other two branches of government. The court
declared that article I, section 7, sets forth the fundamental
prerequisites to the enactment of Federal laws--bicameral passage of
legislation and presentation for approval or disapproval by the
President-- and held that congressional disapproval of final agency
rules must comply with these requirements. The court added that
Congress may choose to use a resolution of disapproval as a means of
expediting action, but only if it acts by both Houses and presents the
resolution to the President. Consumer Energy Council of America, et
al. v. FERC, 673 F.2d 425 (D.C. Cir. 1982), aff'd 463 U.S. 1216
(1983).
In the light of these decisions, Congress has amended several
statutes to convert procedures involving simple or concurrent
resolutions of approval or disapproval to procedures requiring joint
resolutions to be presented to the President for signature or veto.
Manual Sec. 1130.

Sec. 3 . Consideration in the House

Many ``legislative procedure'' statutes prescribe special
procedures for the House to follow when reviewing executive branch
actions. For a compilation of the relevant provisions of such
statutes, see Manual Sec. 1130. These procedures technically are rules
of the House, enacted expressly or implicitly as an exercise of the
House's rule-making authority. At the beginning of each Congress, it
is customary for the House to reincorporate by reference in the
resolution adopting its rules such legislative procedures as may exist
in current law. Nevertheless, because the House retains the
constitutional right to change its rules at any time, the Committee on
Rules may report a resolution varying such procedures. Manual
Sec. 1130.
Where a law enacted as a rule of both Houses provides special
procedures during consideration of a joint resolution approving a
Presidential determination, and the House adopts a special order of
business providing for consideration of such a joint resolution in the
House, the Speaker will never

[[Page 371]]

theless interpret the special statutory provisions to apply if
consistent with the special order of business. 97-1, Dec. 10, 1981, p
30486.

[[Page 373]]

CHAPTER 15
CONGRESSIONAL RECORD

HOUSE PRACTICE

Sec. 1. In General; Control Over the Congressional Record
Sec. 2. Matters Printed in the Congressional Record
Sec. 3. Corrections; Deletions
Sec. 4. Printing Errors
Sec. 5. Extensions of Remarks; Insertions
Research References
5 Hinds Sec. Sec. 6958-7024
8 Cannon Sec. Sec. 3459-3502
Deschler Ch 5 Sec. Sec. 15-20
Manual Sec. Sec. 685-692, 967, 968

Sec. 1 . In General; Control Over the Congressional Record

The present system of reporting the proceedings of the House for
the Congressional Record is the result of gradual evolution. The first
debates, beginning in 1789, were published in condensed form in the
Annals of Congress. The Congressional Globe began in 1833 and
continued until 1873, when the Record began. 5 Hinds Sec. 6959.
The Congressional Record is governed by statutory provisions and
rules as to its format and content. 44 USC Sec. Sec. 901-910. Control
over the arrangement and style of the Record, including maps,
diagrams, and illustrations, is vested in the Joint Committee on
Printing. 44 USC Sec. Sec. 901, 904. Neither the Speaker nor the House
may order changes in the type size or printing style without the
approval of the Joint Committee on Printing. Deschler Ch 5
Sec. Sec. 15.1, 15.2.
The proceedings of the House and the proceedings of the Senate are
published in separate portions of the Congressional Record, and each
House separately controls the content of its portion of the Record. 8
Cannon Sec. 2503. The statement of a Senator that would normally
appear in the Senate portion of the Record may not be inserted in that
portion of the Record dealing with the proceedings of the House. 87-2,
Jan. 16, 1962, p 291.
Both the Joint Committee on Printing and the House have adopted
supplemental rules governing publication in the Congressional Record.
For the text of these rules, see Manual Sec. 686. Under clause 1(k) of
rule X, the Committee on House Administration has jurisdiction of
matters relating to printing and correction of the Record.

[[Page 374]]

A Member is not entitled to inspect the reporter's notes of
remarks of others not reflecting on that Member nor may such Member
demand that they be read. 5 Hinds Sec. Sec. 6964, 6967; 8 Cannon
Sec. 3460.

Sec. 2 . Matters Printed in the Congressional Record

Generally

The content of the House portion of the Congressional Record is
governed by statute, the House rules, and the customs and practices of
the House. In addition, the House often agrees by unanimous consent to
permit certain matter to be inserted in the Record which would not
ordinarily be included. Deschler Ch 5 Sec. 16.
Clause 8 of rule XVII and section 901 of title 44 of the United
States Code require the Congressional Record to be a substantially
verbatim account of the proceedings of the House. Manual Sec. 967.
Clause 8 applies to statements and rulings of the Chair as well as to
debate. Manual Sec. 968. Because of this requirement, the Speaker will
not entertain a unanimous-consent request to give a special-order
speech ``off the Record.'' Manual Sec. 687.
Additional matters required by statute or House rules to be
printed in the Congressional Record include:

The oath of office subscribed to by a Member. 2 USC Sec. 25.
Referrals to committee under clause 7 of rule XII. Manual
Sec. 825.
The filing of committee reports. Manual Sec. 831.
Reports submitted to Congress pursuant to a statute requiring
publication in the Record. See, e.g., 2 USC Sec. 1383.
Amendments to be protected for debate time under clause 8 of
rule XVIII. Manual Sec. 987.
Conference reports and accompanying statements. Manual
Sec. 1082.
Messages received from the Senate and President giving notice
of bills passed or approved under clause 1 of rule XII. Manual
Sec. Sec. 815, 875.
Motions to discharge. Manual Sec. 892.
Certain changes in votes. Deschler Ch 5 Sec. 16.14.
The addition or deletion of the name of a cosponsor. Manual
Sec. 825.
Measures introduced ``by request.'' Manual Sec. 826.

The Congressional Record is for the proceedings of the House and
Senate only, and unrelated matters are rigidly excluded. 5 Hinds
Sec. 6962. It is not, however, the official record of business, that
function being fulfilled by the Journal. See Journal.
As a general principle, the Speaker has no control over the
Congressional Record. 5 Hinds Sec. Sec. 6983, 7017. The House, and not
the Speaker, determines the extent to which a Member may be allowed to
extend remarks (5 Hinds Sec. Sec. 6997-7000; 8 Cannon Sec. 3475),
whether or not a copyrighted ar

[[Page 375]]

ticle shall be printed therein (5 Hinds Sec. 6985), or whether there
has been an abuse of the leave to print (5 Hinds Sec. 7012; 8 Cannon
Sec. 3474).
The House frequently agrees by unanimous consent to permit
insertions of matters of general interest in the Congressional Record
at the request of Members. Matters that have been inserted in the
Record under this procedure include:

Information relative to the installation of voting equipment in
the Chamber. 91-2, Nov. 25, 1970, p 39085.
Records from litigation involving the House. 90-1, Apr. 10,
1967, pp 8729-62.
Summaries of the work of Congress or its committees at
adjournment. Deschler Ch 5 Sec. 16.
Extraneous and tabular matter to establish legislative history
concerning the codification of the standing rules. 106-1, Jan.
6, 1999, p 78.

Printing Bills in the Congressional Record

Measures considered in the House are printed in the Congressional
Record at the beginning of consideration. If an amended version of the
measure is made in order under the special order of business providing
for its consideration, that amended version is printed at the
beginning of consideration, unless further amendments are made in
order. In that case, the amended version is printed after debate.
Measures considered in the Committee of the Whole are printed in
the Congressional Record following general debate. The only version of
the measure printed is the one made in order as original text for the
purpose of amendment by the special order of business providing for
its consideration. The measure is printed as read by the Clerk. For
example, if under a special order of business the measure is
considered as read, it is printed in its entirety after general
debate. If the measure is read by title, each title is printed at the
point the Clerk either reads or designates it. No other version of the
measure is printed in the Record.

Sec. 3 . Corrections; Deletions

Under clause 8 of rule XVII, the substantially verbatim account of
remarks made during debate and published in the Congressional Record
is subject only to technical, grammatical, and typographical
corrections authorized by the Member making the remarks involved.
Unparliamentary remarks may be deleted only by permission or order of
the House. Under clause 8(c) of rule XVII, this requirement may be
investigated by the Committee on Ethics. Manual Sec. 967.

[[Page 376]]

The remarks of a Member, if in order, cannot be stricken from the
Congressional Record by the House. 5 Hinds Sec. 6974; 8 Cannon
Sec. 3498. However, remarks that are out of order may be excluded from
the Record by House order. Deschler Ch 5 Sec. 19.8. Remarks by a
Member not under recognition do not appear in the Record. Manual
Sec. Sec. 687, 946.
The Committee of the Whole has no authority over the Congressional
Record. 5 Hinds Sec. 6986; Deschler Ch 5 Sec. 17.22.
Substantive insertions submitted under leave to ``revise and
extend'' are printed in distinctive type. A speech that has been
substantively revised is printed as delivered and then separately
printed as revised in distinctive type. Manual Sec. 686.

Sec. 4 . Printing Errors

Generally

The House may correct errors in the printing of the Congressional
Record in order to ensure that the proceedings of the House are
accurately recorded. 5 Hinds Sec. 6972. The authority to correct such
errors is vested in the House, not the Speaker. 5 Hinds Sec. 7019;
Deschler Ch 5 Sec. 18.
The correction of an error in the Congressional Record may present
a question of the privileges of the House where the integrity of House
proceedings is in question. Manual Sec. Sec. 690, 704; Deschler Ch 5
Sec. Sec. 18.1, 18.2. However, this question may not be raised until
the daily edition of the Record has appeared (Deschler Ch 5 Sec. 18),
and no corrections may be submitted after the permanent edition of the
particular volume is published (Deschler Ch 5 Sec. 18.12).
Errors that may be corrected under this procedure are errors in
the transcript or printing of the proceedings, not errors of fact made
by a Member during debate. The House may not change the Congressional
Record merely to show what should have been said on the floor. 5 Hinds
Sec. 6974; 8 Cannon Sec. 3498; Deschler Ch 5 Sec. 18. A mere
typographical error or proper revision of a Member's remarks does not
give rise to a question of privilege. Manual Sec. 690.

By Motion or Resolution

A motion or resolution to correct the Congressional Record, if
constituting a question of privilege, is in order after the approval
of the Journal. Manual Sec. 690; Deschler Ch 5 Sec. 18.6. A motion or
resolution to correct the Record also may be offered after a
unanimous-consent request to that effect has been objected to.
Deschler Ch 5 Sec. 18.9. Such motion or resolution is

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debatable under the hour rule and is subject to motions under clause 4
of rule XVI. Deschler Ch 5 Sec. Sec. 18.7-18.10.
A resolution alleging inaccuracies in the President's state of the
Union message and authorizing corrections to the Congressional Record
does not give rise to a question of the privileges of the House. 108-
1, Oct. 20, 2003, p 25256.

Sec. 5 . Extensions of Remarks; Insertions

Generally

In 1968 the Appendix of the Congressional Record was replaced by a
new heading, ``Extensions of Remarks,'' for the inclusion of material
in the Record that is extraneous to the proceedings on the floor.
Members, with permission of the House, may be permitted to extend
their remarks in this part of the Record so as to insert (1) speeches
that were not actually delivered on the floor and (2) extraneous
materials related to the subject under discussion. 5 Hinds
Sec. Sec. 6990-6993; Deschler Ch 5 Sec. 20. This has been a long-
standing practice, dating from as early as 1852, when it was the
custom to print undelivered speeches in the Appendix to the Record. 5
Hinds Sec. 6993. Under the modern practice, such insertions are
normally permitted by unanimous consent, a motion to do so not being
privileged. Deschler Ch 5 Sec. 20.11. Beginning in the 106th Congress,
the House has, by unanimous consent, authorized all Members to revise
and extend their remarks and include extraneous material (within two
Record pages) during either one session or an entire Congress. See,
e.g., 106-1, Jan. 6, 1999, p 247; 112-1, Jan. 5, 2011, p __.
Permission to include extraneous materials may be granted only by
the House. To eliminate the need for daily requests, the House has
recently adopted the practice of granting all Members permission to
revise and extend their remarks in the ``Extensions of Remarks''
portion of the Congressional Record and include extraneous material
(within two Record pages) at the beginning of each Congress. See,
e.g., 106-1, Jan. 6, 1999, p 247. The chair of the Committee of the
Whole may recognize Members to extend their own remarks, but the
Committee of the Whole lacks the power to permit the inclusion of
extraneous materials. Deschler Ch 5 Sec. 20.12.
Permission to extend in the body of the Congressional Record must
be sought by the Member whose remarks are to be inserted, although
general permission to extend is sometimes given to all Members.
Deschler Ch 5 Sec. 20. Typically, the manager of a bill will propound
a unanimous-consent request to authorize such extensions, to be
submitted within five legislative days. If submitted on the day the
bill was considered, such extensions will

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appear in the daily Record immediately after general debate on the
bill, in a different typeface. If submitted at a later time, such
extensions appear in the ``Extensions of Remarks'' portion of the
daily Record. When the permanent Record is published, all such
extensions are printed immediately following general debate.
The revised material inserted under permission to extend remarks
must be clearly distinguishable, by different typeface, from the
substantially verbatim account of proceedings. The Speaker has
instructed the Official Reporters of Debates to adhere strictly to
this requirement. Manual Sec. 687.

Timeliness

Permission to extend must be sought at the proper time. Requests
to insert made prior to the reading and approval of the Journal will
not be entertained. Deschler Ch 5 Sec. 20.4.

Strict Construction

Authorizations to extend remarks in the Congressional Record are
strictly construed. Deschler Ch 5 Sec. 20. A Member who has received
permission only to extend remarks may not also include in such remarks
extraneous matter, such as an article or speech by another person. 8
Cannon Sec. 3479; Deschler Ch 5 Sec. 20.23. Similarly, a Member who
has obtained the consent of the House only to extend remarks on a
specific bill must confine the insertions to the subject matter of the
bill and may not include extraneous materials such as letters,
editorials, or articles. Deschler Ch 5 Sec. 20.24.
The Chair will decline to entertain a request that a Member be
permitted to revise and extend remarks on a point of order or to
insert, immediately following a record vote on an amendment, the
results of a previous record vote on the same subject. Manual
Sec. 628; 96-2, Jan. 30, 1980, p 1319.

Limitations on Insertions

Under leave to extend, a Member may not insert matter that:

Would be out of order if stated on the House floor. 5 Hinds
Sec. 7003; Deschler Ch 5 Sec. 20.
Fails to comply with statute or the rules of the Joint
Committee on Printing as to format (44 USC Sec. 904) or cost-
estimate requirements for extraneous matter exceeding two
Congressional Record pages (Manual Sec. 692).
Fails to conform to the descriptions implicit in the request to
which the House consented. 5 Hinds Sec. 7001; 8 Cannon
Sec. 3479; Deschler Ch 5 Sec. Sec. 20.25, 20.26.
Fails to include the Member's signature. Manual Sec. 686.
Alters the nature of colloquies as delivered on the floor or
changes the meaning of what another Member said. Deschler Ch 5
Sec. Sec. 19.3, 19.17, 20.3.

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Inserts an entire colloquy between two or more Members that was
not actually delivered. Manual Sec. 692.
Includes newspaper articles or other extraneous matter without
having obtained authority to do so. Manual Sec. 692; 8 Cannon
Sec. Sec. 3480-3483.

Abuse of Leave to Print

Abuse of the leave to print may give rise to a question of
privilege. 5 Hinds Sec. Sec. 7008, 7011; 8 Cannon Sec. Sec. 3491,
3495. A resolution to investigate the propriety of remarks as
constituting such abuse, or for the appointment of a committee to
consider the propriety of remarks inserted under leave to print, is
privileged but is not in order until the daily edition of the
Congressional Record appears. 5 Hinds Sec. Sec. 7020, 7021; 8 Cannon
Sec. Sec. 3493, 3495. An inquiry by the House as to alleged abuse of
leave to print does not necessarily entitle the Member implicated to
recognition on a question of personal privilege. 5 Hinds Sec. 7012. A
committee having been appointed to investigate the propriety of a
Member's remarks in the Record, the Member was afforded an opportunity
to be heard. 8 Cannon Sec. 3491.

Expungement

The extension of remarks in the Congressional Record by a Member
without the permission of the House constitutes grounds for a question
of the privilege of the House, and the House may expunge such remarks
from the Record. Deschler Ch 5 Sec. 20.2. A resolution to expunge
remarks alleged to be an abuse of leave to print is privileged and is
debatable. 8 Cannon Sec. Sec. 3475, 3479, 3491.
The House may exclude in whole or in part an insertion by a Member
under leave to print in the Congressional Record that would not have
been in order if uttered on the floor. Manual Sec. 692.

Form

Member: M_. Speaker, I ask unanimous consent to extend my remarks
and to include extraneous material on H.R. _____.
Manager: M_. Speaker, I ask unanimous consent that all Members may
have five legislative days in which to revise and extend their
remarks and include extraneous material on H.R. _____.
Majority Leader: M_. Speaker, I ask unanimous consent that for the
_____ Congress all Members be permitted to extend their remarks and
to include extraneous material within the permitted limit in that
section of the Congressional Record entitled ``Extensions of
Remarks.''

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CHAPTER 16
CONSIDERATION AND DEBATE

HOUSE PRACTICE

A. Introductory; Initiating Consideration and Debate

Sec. 1. In General; In the House
Sec. 2. Order of Consideration
Sec. 3. Use of Special Orders of Business
Sec. 4. Consideration Under Suspension of the Rules
Sec. 5. Role of Calendars
Sec. 6. Consideration by Unanimous Consent
Sec. 7. In the Committee of the Whole
Sec. 8. In the House as in the Committee of the Whole
Sec. 9. Limitations on Debate; Nondebatable Matters

B. Control and Distribution of Time for Debate

Sec. 10. In General; Role of Manager
Sec. 11. Distribution and Alternation; Closing General Debate
Sec. 12. Management by Committee; Closing Controlled Debate on an
Amendment
Sec. 13. Designation of Member Who May Call Up a Measure
Sec. 14. Effect of Special Orders of Business
Sec. 15. Yielding Time-- For Debate
Sec. 16. -- Yielding for Amendment
Sec. 17. Interruptions; Losing or Surrendering Control

C. Relevancy in Debate

Sec. 18. In General; In the House
Sec. 19. In the Committee of the Whole-- General Debate
Sec. 20. -- Under the Five-Minute Rule

D. Disorder in Debate

Sec. 21. In General
Sec. 22. Disorderly Language
Sec. 23. -- Critical References to the Senate and to Senators
Sec. 24. -- References to the Press, Media, or Gallery
Sec. 25. -- References to Executive Officials

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Sec. 26. Procedure; Calls to Order
Sec. 27. -- Procedure in the Committee of the Whole
Sec. 28. -- Taking Down Words
Sec. 29. -- Withdrawal or Modification of Words
Sec. 30. -- Permission to Explain
Sec. 31. -- Speaker's Ruling
Sec. 32. -- Discipline; Post-Ruling Motions

E. Critical References to the House, Committees, or
Members

Sec. 33. In General; Criticism of the House
Sec. 34. Criticism of Committees
Sec. 35. Criticism of Speaker
Sec. 36. Criticism of Legislative Actions or Proposals
Sec. 37. Critical References to Members
Sec. 38. -- Use of Colloquialisms; Sarcasm
Sec. 39. -- Impugning Motives
Sec. 40. -- Charging Falsehood or Deception
Sec. 41. -- Lack of Intelligence or Knowledge
Sec. 42. -- References to Race, Creed, or Racial Prejudice
Sec. 43. -- Charges Relating to Loyalty or Patriotism

F. Duration of Debate in House

Sec. 44. In General
Sec. 45. The Hour Rule
Sec. 46. Ten-minute, 20-minute, and 40-minute Debate
Sec. 47. Debate in the House as in the Committee of the Whole
Sec. 48. Limiting or Extending Time for Debate
Sec. 49. Terminating Debate
Sec. 50. One-minute and Special-order Speeches; Morning-hour Debate

G. Duration of Debate in the Committee of the Whole

Sec. 51. In General; Effect of Special Orders of Business
Sec. 52. General Debate
Sec. 53. Limiting General Debate
Sec. 54. Five-minute Debate
Sec. 55. -- Limiting or Extending Five-minute Debate-- By House Action

[[Page 383]]

Sec. 56. -- By Motion in the Committee of the Whole
Sec. 57. -- By Unanimous Consent in the Committee of the Whole
Sec. 58. Motions Allocating or Reserving Time
Sec. 59. Timekeeping; Charging Time

H. Reading Papers; Displays and Exhibits

Sec. 60. Reading Papers
Sec. 61. Use of Exhibits
Sec. 62. -- Decorum Requirements

I. Secret Sessions

Sec. 63. In General
Sec. 64. Motions; Debate
Sec. 65. Secrecy Restrictions and Guidelines
Research References
5 Hinds Sec. Sec. 4978-5299
8 Cannon Sec. Sec. 2448-2608
Deschler-Brown Ch 29
Manual Sec. Sec. 359, 364, 369-371, 465, 622, 891, 945-969,
978-981, 987, 994-999

A. Introductory; Initiating Consideration and Debate

Sec. 1 . In General; In the House

Generally; Initiating Consideration

Whether and how a matter is to be considered depends on many
factors--the way it is brought to the floor, the nature and precedence
of the proposal, and agreements reached by the leadership and
membership on the method of consideration. The House may reject a
proposal to consider a matter by voting on the question of
consideration. See Question of Consideration.
There are four common procedures under which measures may be
called up for consideration: (1) special orders of business reported
from the Committee on Rules; (2) motions to suspend the rules; (3)
unanimous-consent agreements; and (4) standing rules for certain
measures reported as privileged under clause 5 of rule XIII. Manual
Sec. Sec. 853-868. However, nonprivileged matter contained in a
measure reported under clause 5 of rule

[[Page 384]]

XIII destroys the privilege of the measure; and consideration must
depend on one of the three remaining procedures. Manual Sec. Sec. 854,
855.
House rules expressly preclude introduction or consideration of
certain commemorative measures (clause 5 of rule XII), as well as
consideration of certain private bills (clause 4 of rule XII) and
measures carrying a retroactive Federal income tax rate increase
(clause 5(c) of rule XXI).
Generally, questions are not considered on the floor unless
reported or discharged from House committees, although rule IX and
practices of the House permit the immediate consideration of
introduced bills under certain circumstances. Sec. Sec. 3, 4, 6 infra.
Certain time periods or ``layover'' requirements may be a condition
precedent to consideration in the House after a committee has
reported. See Committees. If a bill or joint resolution is unreported,
clause 11 of rule XXI prevents consideration until the third calendar
day on which such measure has been available to Members. For
recognition by the Chair to call up measures under the various
procedures, see Recognition.
Other factors bearing on consideration include whether the
proposal has been referred to the House or Union Calendar or whether
the proposal is called up from a particular special calendar, such as
the Private Calendar. See Sec. 5, infra.

Initiating Debate

As a general rule, debate is not in order until a debatable motion
has been offered and stated by the Chair or read by the Clerk. 5 Hinds
Sec. Sec. 4982-4985, 5304. However, debate may be initiated without
motion:

Under a reservation of the right to object to a unanimous-
consent request. 4 Hinds Sec. 3058.
When questions of personal privilege are raised. 3 Hinds
Sec. 2546.
When conference reports are considered, the question on
agreeing being regarded as pending. Manual Sec. 550; 5 Hinds
Sec. 6517.
When the Committee of the Whole reports its recommendation to
the House, unless the previous question is ordered. 4 Hinds
Sec. 4896.
When personal explanations are made by unanimous consent. 5
Hinds Sec. 5064.
When special orders of business providing for consideration of
a measure have been adopted. Manual Sec. Sec. 734, 972.
When a measure on a special calendar or on a special day has
been called up. Rule XV.

[[Page 385]]

Sec. 2 . Order of Consideration

The ``daily order of business'' is set forth in rule XIV, which
specifies the sequence in which certain matters are to be taken up.
Manual Sec. 869. The order of consideration may be varied by
unanimous-consent agreements or by special orders of business reported
from the Committee on Rules and adopted by the House. See Sec. Sec. 3,
6; see also Order of Business; Privileged Business; and Special Orders
of Business. Indeed, the preface to clause 1 of rule XIV establishes a
daily order of business ``unless varied by the application of other
rules and except for the disposition of matters of higher
precedence.''
Among the privileged matters that may affect the order of
consideration are: (1) general appropriation bills under clause 5 of
rule XIII; (2) conference reports under clause 7(a) of rule XXII; (3)
special orders of business reported by the Committee on Rules under
clause 5 of rule XIII; and (4) questions of privilege under rule IX.
Manual Sec. Sec. 698, 871; see also Questions of Privilege.
Some propositions are privileged for consideration on certain days
of the week or month. On any Monday, Tuesday, or Wednesday, for
example, the Speaker may recognize Members to move to suspend the
rules. Manual Sec. 885; see also Sec. Sec. 4, 5, infra.

Sec. 3 . Use of Special Orders of Business

A major portion of the legislation taken up in the House is
considered pursuant to resolutions, also called ``special rules'' or
``special orders of business,'' reported by the Committee on Rules and
adopted by the House. Although the general effect of the adoption of a
resolution making in order the consideration of a bill is to give the
bill a privileged status, the adoption of the resolution does not make
the consideration mandatory unless so stated in the resolution.
Deschler Ch 21 Sec. 16. For example, the resolution may: (1) provide
that ``the House shall immediately consider'' the bill; (2) permit the
Speaker to declare the House resolved into the Committee of the Whole
for the consideration of the bill (see clause 2 of rule XVIII); or (3)
provide for consideration at some specified time in the order of
business. If the special order of business authorizes a specified
Member to call up a bill (either directly or indirectly, such as ``it
shall be in order to consider''), the consideration of the bill must
await the initiative of that Member. See Deschler Ch 21 Sec. 20.17.
Special orders of business may provide for the consideration of a
bill or resolution in the Committee of the Whole, in the House, or in
the House as in the Committee of the Whole. Deschler Ch 21
Sec. Sec. 20.16, 20.17.

[[Page 386]]

A special order of business may be limited in scope, as where it
provides only for initial consideration of a measure, provides for
general debate, and precludes further consideration absent a further
order of the House. See, e.g., 105-2, H. Res. 435, May 19, 1998, pp
9742, 9743.
The resolution may waive one or more House rules that impede the
consideration of the bill or amendment thereto. Points of order do not
lie against the consideration of such a resolution, as it is for the
House to determine, by a majority vote on the adoption of the
resolution, whether certain rules should be waived. Deschler Ch 21
Sec. Sec. 16.9-16.14. See generally Special Orders of Business.
However, section 426 of the Unfunded Mandates Reform Act of 1995
permits a point of order against consideration of a rule or order that
waives points of order against a measure for violating that Act
(subject to a separate vote on the question of consideration). Manual
Sec. 1127. In similar fashion, clause 9 of rule XXI establishes a
point of order against consideration of certain measures for failure
to disclose (or disclaim the presence of) certain earmarks, tax
benefits, and tariff benefits, and permits a vote on the question of
consideration of a rule or order waiving such a point of order. See
Budget Process.

Sec. 4 . Consideration Under Suspension of the Rules

A privileged motion to suspend the rules may be used to bring a
matter before the House under clause 1 of rule XV. Manual
Sec. Sec. 885, 887; 5 Hinds Sec. Sec. 6846, 6847. Additionally, the
motion to suspend may provide for a series of procedural steps,
including the reconsideration of a bill already passed, agreement to
an amendment, and repassage as amended. 5 Hinds Sec. 6849. For
examples of proposals for which the motion may be used, see Suspension
of Rules. However, the motion is in order only on Mondays, Tuesdays,
and Wednesdays of each week and on the last six days of a session or
when the House by unanimous consent or rule gives the Speaker
authority to recognize for such motions on other days of the week. In
any case, recognition for the motion is within the discretion of the
Speaker. The motion is debatable for 40 minutes, is not amendable, and
requires a two-thirds vote for adoption. See Suspension of Rules.

Sec. 5 . Role of Calendars

The House maintains various calendars to facilitate the
consideration of different classes of legislative business. The
primary calendars are (1) the Union Calendar, for business to be taken
up in the Committee of the Whole, (2) the House Calendar, for matters
to be considered in the House, and (3) the Private Calendar, to which
all reported private bills are referred. Most

[[Page 387]]

legislative business reported from committee is referred to one of
these calendars. Manual Sec. 828. In addition, the House maintains a
Calendar of Motions to Discharge Committees. Manual Sec. Sec. 830,
892. The former Consent Calendar and Corrections Calendar have been
abolished. Manual Sec. Sec. 898, 899. For a discussion of the various
calendars, see Calendars.

Sec. 6 . Consideration by Unanimous Consent

The House, pursuant to a unanimous-consent agreement, sometimes
permits the consideration of a measure that is not otherwise in order
under the rules, for example, one not yet introduced. Manual
Sec. Sec. 381, 872, 956; 4 Hinds Sec. 3058. For a discussion of
consideration by unanimous consent (including the Speaker's guidelines
requiring approval by floor and committee leaderships before
recognition), see Unanimous-Consent Agreements.

Sec. 7 . In Committee of the Whole

Certain legislative measures are referred to the Union Calendar by
the Speaker for subsequent consideration in the Committee of the
Whole. Their consideration therein is governed by special orders of
business, orders of the House, or the standing rules applicable to the
Committee. See rule XVIII; 4 Hinds Sec. Sec. 3214, 4705, 4822;
Deschler Ch 19 Sec. Sec. 1, 4.
For comprehensive discussion of consideration of measures in
Committee of the Whole, see Committees of the Whole.

Sec. 8 . In the House as in the Committee of the Whole

Bills and other measures sometimes are taken up by the House when
it sits ``as in'' the Committee of the Whole. Manual Sec. 427. This
practice permits consideration of a measure under the five-minute rule
rather than the hour rule, but without general debate. 4 Hinds
Sec. 4924; Manual Sec. 424. For a discussion of consideration of
measures in the House as in the Committee of the Whole, see Committees
of the Whole.

Sec. 9 . Limitations on Debate; Nondebatable Matters

Generally; Time Limitations

Debate is subject to many limitations under the rules and
precedents of the House. Most of the limitations imposed by House rule
concern the duration of time allowed for the debate of a particular
proposition. These include, for example, the hour rule (Manual
Sec. 957), the 40-minute rule (Manual Sec. Sec. 891, 999), the 20-
minute rule (Manual Sec. 892), the ten-minute rule (Manual Sec. 987),
the five-minute rule (Manual Sec. 978), and the time limits

[[Page 388]]

that are imposed on the one-minute speeches or special-order speeches
that are often permitted when no legislative business is pending
(Manual Sec. 950). For a more detailed discussion of these time
limitations, see Sec. Sec. 44-50, infra.
Most of these are rules of general applicability. In addition, the
House may adopt a special order of business from the Committee on
Rules that places a different limit on the duration of debate on a
particular legislative proposal. This practice enables the House, by
majority vote, to specify time for, and control of, debate depending
on the complexity of the proposed measure.
Unless otherwise provided by House rule or by a special order of
business from the Committee on Rules, a proposition considered in the
House is debated under the hour rule. Sec. Sec. 44, 45, infra.
However, the various motions that may apply to a proposition often
carry their own time limitations for debate and, in some instances,
preclude debate entirely.

Matters Not Subject to Debate

The relevant standing rule and the precedents must be consulted in
order to determine whether debate on a motion or question is
precluded. The following are examples of questions that are not
subject to debate:

A motion that the Journal be read in full. Manual Sec. 621.
A motion for the previous question. Deschler Ch 23 Sec. 21.
A motion to go into the Committee of the Whole. 4 Hinds
Sec. Sec. 3062, 3078; 6 Cannon Sec. 716.
A motion that the Committee of the Whole rise and report. 4
Hinds Sec. Sec. 4766, 4782; Deschler Ch 19 Sec. 22.4.
A motion for a call of the House or incidental to a call of
the House. Manual Sec. 1024; 6 Cannon Sec. Sec. 683, 688.
A resolution authorizing the Sergeant-at-Arms to arrest
absentees. 6 Cannon Sec. 686.
A motion that the Speaker be authorized to declare a recess or
that when the House adjourns it stand adjourned to a day and
time certain. Rule XVI; Manual Sec. 913.
A concurrent resolution providing for a sine die adjournment
or for adjournment to a day certain. Manual Sec. 84.
A motion to adjourn. Manual Sec. 911; Deschler-Brown-Johnson
Ch 40 Sec. 5.
A motion to lay on the table. 6 Cannon Sec. 415; 8 Cannon
Sec. 2465.
A motion to reconsider an undebatable proposition. 5 Hinds
Sec. Sec. 5694-5699.
A motion to close general debate or to limit five-minute
debate. Manual Sec. 979; 5 Hinds Sec. 5203.
A motion to strike unparliamentary language from the
Congressional Record. 6 Cannon Sec. 617.
An incidental question of order after a demand for the
previous question. Manual Sec. 1000.

[[Page 389]]

An incidental question of order arising during a division. 5
Hinds Sec. 5926.
A motion that the Committee of the Whole take up a bill out of
calendar order. 8 Cannon Sec. Sec. 2331, 2333.
A motion for a change of reference of a bill. Manual Sec. 825.
A question of consideration (with limited exceptions). Manual
Sec. 906.
A question relating to the priority of business. Manual
Sec. 884.
An appeal from a decision of the Chair on the priority of
business. 5 Hinds Sec. 6952; Manual Sec. 884.
An appeal from a decision of the Chair on relevancy of debate.
5 Hinds Sec. Sec. 5056-5063.
An amendment to the title of a bill. Clause 6 of rule XVI; 8
Cannon Sec. 2907.

B. Control and Distribution of Time for Debate

Sec. 10 . In General; Role of Manager

Under long-standing practice, and as usually provided by special
orders of business, one or more designated Members manage a bill
during its consideration. Such managers are normally the chair and
ranking minority member of a committee reporting the measure. Sec. 14,
infra.
The majority manager of a measure has procedural advantages
enabling its expeditious consideration and passage. The majority
manager is entitled to the prior right to recognition unless the
control of time is surrendered or otherwise lost or unless a
preferential motion to recommit is offered by an opponent of the bill.
See Recognition. If the bill is to be taken up in the House under the
standing rules, the manager calling it up is entitled to one hour of
debate, which may be yielded to other Members. See Sec. 15, infra. The
manager may at any time during such hour move the previous question,
thereby bringing the matter to a vote and terminating further debate,
unless control of time has been yielded to another. See Sec. 45,
infra; see also Previous Question.
The manager of a bill enjoys a similar advantage in the Committee
of the Whole where the bill is being considered under a special order
of business or unanimous-consent agreement. General debate therein
typically is controlled and divided by the majority and minority
managers. The majority manager has the right to close general debate.
Manual Sec. 959. When the bill is read for amendment in the Committee,
the managers have the prior right to recognition, whether to offer an
amendment or oppose an amendment or to move to close or to limit
debate or to move that the Committee rise. Similarly, if the bill is
taken up in the House as in the Committee of the

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Whole, priority in recognition is extended during debate to members in
charge of the bill from the reporting committee. See Recognition.
Once a measure has been approved by a standing committee of the
House, its chair has a duty under the rules to report it promptly and
to take steps to have the matter considered and voted upon. Clause
2(b) of rule XIII. When the measure is called up, the reporting
committee manages the bill during the various stages of its
consideration. The designated managers from the committee, and then
other members of the committee in order of seniority, have priority in
recognition at all stages of consideration. See Recognition. When a
chair is opposed to a bill (although rare), the responsibility for
managing the bill may be delegated to the ranking majority member of
the committee. Deschler-Brown Ch 29 Sec. 26.7. Such delegation of
control is ineffective where challenged unless communicated to the
Chair. Deschler-Brown Ch 29 Sec. 26.30. The chair also may relinquish
control where the Committee of the Whole has adopted amendments to the
bill to which the chair is opposed. Deschler-Brown Ch 29 Sec. 26.8.
Where the measure falls within the jurisdiction of two standing
committees, the chair of one of them may yield to the chair of the
other to control part of the available time and to move the previous
question. Deschler-Brown Ch 29 Sec. 26.10.
For further discussion on control of debate by managers, see also
Sec. 12, infra.

Sec. 11 . Distribution and Alternation; Closing General Debate

The distribution of available time for debate, and the alternation
of time between majority and minority Members, is governed by
principles of comity and by House tradition, as well as by standing
rules of the House and by special orders of business. Manual Sec. 955.
A division of time for debate on certain motions may be required, and
a Member opposed may claim a priority to control a portion of the
time. For example, clause 1(c) of rule XV requires a division of time
for debate on a motion to suspend the rules between those in favor and
those opposed. Manual Sec. 891. Under rule XXII, one-third of the time
may be claimed by a Member opposed to conference reports, motions to
instruct conferees, and amendments reported from conference in
disagreement, where both the majority and minority managers support
the proposition.
The Chair alternates recognition between those favoring and those
opposing the pending proposition where a rule or precedent gives some
control to an opponent or, traditionally, between the parties where
time is limited. Special orders of business commonly divide control of
time for general de

[[Page 391]]

bate equally between the chair and ranking minority member of the
committees reporting the measure. When a special order of business
itself is being considered, the majority floor manager customarily
yields half of the time to the minority. For a discussion of
alternation generally, see Recognition.
A majority manager of the bill who represents the primary
committee of jurisdiction is entitled to close general debate, as
against another manager representing an additional committee of
jurisdiction. Where an order of the House divides debate on an
unreported measure among four Members, the Chair will recognize for
closing speeches in the reverse order of the original allocation.
Similarly, where general debate on an adversely reported measure is
controlled by two Members allocated time under a previous order of the
House and by two other Members deriving subdivisions of that time
under a later order by unanimous consent, the Chair may recognize for
closing speeches in the reverse order of the original allocation,
concluding with the Member who opened the debate. Where a Member
derives time for debate from the manager of a measure by unanimous
consent, that Member also derives the right to close debate thereon.
Where a member of the minority is recognized under a special order of
business to call up a Senate concurrent resolution from the Speaker's
desk, such Member is recognized to open and close debate thereon.
Manual Sec. 959.

Sec. 12 . Management by Committee; Closing Controlled Debate on an
Amendment

Special orders of business providing ``modified rules'' governing
the amendment process commonly limit and divide control of debate
between a proponent and an opponent of the amendment. Deschler-Brown
Ch 29 Sec. 28. Similarly, the Committee of the Whole may by unanimous
consent limit and divide control of debate between a proponent and a
Member in opposition. Deschler-Brown Ch 29 Sec. 27.3. Under clause
3(c) of rule XVII, the manager of a bill or other representative of
the committee in opposition--and not the proponent of an amendment--
has the right to close debate on an amendment where debate has been so
limited and allocated without regard to the party affiliation of the
proponent. Manual Sec. 959. Clause 3(c) is an exception to the rule
set forth in clause 3(a) of rule XVII, which otherwise provides that
the mover, proposer, or introducer of the pending matter has the right
to open and close debate. The exceptional treatment of the right to
close debate on an amendment elevates the manager's prerogative over
the proponent's burden of persuasion. This is so even when the
majority manager offers an amendment that has not been recommended by
the

[[Page 392]]

committee. In that case, a member of the committee in opposition to
such amendment has the right to close. 107-2, July 25, 2002, p 14723.
Clause 3(c) applies to the manager of an unreported measure, even
where the rule providing for the consideration of the unreported
measure designates managers who do not serve on a committee of
jurisdiction. It also applies to a measure reported by the committee
without recommendation. The minority manager may claim the right to
close debate under clause 3(c), as may a member of a committee of
sequential referral to close debate against an amendment to a
provision recommended by that committee. Manual Sec. 959. However, the
proponent of an amendment has the right to close where a manager does
not oppose the amendment but nevertheless, by unanimous consent,
claims the time reserved for opposition. Manual Sec. 959.
For further discussion on control of debate by managers, see
Sec. 10, supra.

Sec. 13 . Designation of Member Who May Call Up a Measure

The committee reporting a measure occasionally designates the
Member who may call up a measure for consideration, in which case the
Chair may recognize only that Member. Deschler-Brown Ch 29
Sec. Sec. 27.1, 27.2. A special order of business also may designate
the Member. Sec. 14, infra. If a Member has not been specifically
designated, the Chair has the discretion to recognize a committee
member to call up a measure. 91-1, Dec. 23, 1969, p 40982.

Sec. 14 . Effect of Special Orders of Business

Generally

The designation of certain Members to control debate on a measure
is frequently provided by special order of business from the Committee
on Rules. Typically the Committee on Rules will draft a special order
of business providing that debate be equally divided and controlled by
the chair and ranking minority member of the reporting committee or
committees. Deschler-Brown Ch 29 Sec. 28. That control can be
delegated to a designee on the committee.

Dividing Debate Between Multiple Committees

A special order of business from the Committee on Rules may
specify that debate be divided between and controlled by two or more
standing committees. Deschler-Brown Ch 29 Sec. 28.13. The special
order of business may provide that debate be controlled by the chairs
and ranking minority members of the several committees reporting a
bill, sometimes with the sec

[[Page 393]]

ondary committees controlling a lesser amount of time. Deschler-Brown
Ch 29 Sec. 28.16. Debate also may be divided between the standing
committee reporting a bill and a permanent select committee. 95-1,
Sept. 9, 1977, p 28367.
Where a special order of business divides the control of general
debate on a bill among the chairs and ranking members of two standing
committees, but does not specify the order of recognition, recognition
is within the Chair's discretion. The Chair may allow one committee to
use its time before recognizing the other, or may rotate among the
four managers. Deschler-Brown Ch 29 Sec. 28.18.
If the rule divides control of debate among a primary reporting
committee and several sequentially reporting committees in a
designated order, the Chair may allocate time between the chair and
ranking minority member of each committee in the order listed, if and
when present on the floor, and permit only the primary committee to
reserve a portion of its time to close general debate. Deschler-Brown
Ch 29 Sec. 28.16. When the Chair has announced the intention to permit
the primary committee to so reserve a portion of its time, the
sequential committees are required to use all of their time before the
closing debate by the primary committee. 99-1, Dec. 5, 1985, pp 34638,
34644. A majority manager of the bill who represents the primary
committee of jurisdiction is entitled to close general debate (as
against another manager representing an additional committee of
jurisdiction). Manual Sec. 959.

Division of Time Between a Member in Favor and a Member Opposed

In the event that a specified amount of time for debate is equally
divided and controlled between the proponent of the amendment and a
Member opposed thereto, only one Member may be recognized to control
the time in favor of the amendment and only one Member may be
recognized to control the time in opposition, though each may in turn
yield blocks of time to other Members. 99-2, Aug. 11, 1986, pp 20678,
20679. Pro forma amendments are not permitted where second degree
amendments are prohibited unless so specified. 99-2, Aug. 14, 1986, p
21655. Time for debate on the amendment having been divided between
the proponent and an opponent, the Chair has the discretion to
recognize the manager of the bill in opposition, there being no
requirement for recognition of the minority party. Indeed, the Chair
ordinarily recognizes the chair of the committee managing the bill if
such individual qualifies as opposed to the amendment. Manual
Sec. 959; Sec. 10, supra.
A special order of business may provide that, after general debate
divided between the chair and ranking minority member of the reporting
com

[[Page 394]]

mittee, a certain amount of time for general debate be divided and
controlled by a Member in favor of and a Member opposed to a certain
section of the bill. 96-1, Sept. 13, 1979, pp 24168, 24192. In one
instance, the House adopted a special order of business providing for
one hour of general debate to be equally divided and controlled by the
chair and ranking minority member of the reporting committee, and two
hours to be divided and controlled by Members to be designated by the
chair. 95-2, July 31, 1978, p 23451.

Sec. 15 . Yielding Time-- For Debate

In General; Who May Yield

In an earlier era, a Member could not yield time for debate
without losing the right to reoccupy the floor. A Member could not
yield the floor unless it was yielded unconditionally. 5 Hinds
Sec. Sec. 5023, 5026. That practice began to change with the adoption
of the hour rule for debate in 1841. 5 Hinds Sec. 5021.
Under current practice, a Member controlling the time during
debate may yield blocks of time for debate to others, be seated, and
still retain the right to resume debate or move the previous question.
8 Cannon Sec. 3383. The yielding of time for debate is discretionary
with the Members who have control thereof. Deschler-Brown Ch 29
Sec. Sec. 31.1, 31.2. A Member may not yield for purposes of debate
when rising merely to make or reserve a point of order. Deschler-Brown
Ch 31 Sec. 7.5. A Member may not yield to another for debate while
under recognition merely for a parliamentary inquiry. Deschler-Brown
Ch 29 Sec. 20.7.
A Member who seeks yielded time should address the Chair and
request the permission of the Member speaking. Deschler-Brown Ch 29
Sec. 42. Where a Member interrupts another Member during debate
without being yielded to, the time consumed by such remarks are not
charged against the time for debate of the Member controlling the
floor and the remarks are not carried in the Congressional Record.
Manual Sec. 946.
The time used by yielding is ordinarily charged against the
yielding Member. Deschler-Brown Ch 29 Sec. 29.5. Unused time reverts
to the yielding Member. Deschler-Brown Ch 29 Sec. 31.36. A Member may
yield to another for a parliamentary inquiry, but the time consumed by
the inquiry and the response of the Chair comes out of the time of the
Member yielding. Deschler-Brown Ch 29 Sec. 29.5.
Clause 3(b) of rule XVII, which prohibits a Member who is not a
manager from speaking more than once on a question, often is
superseded in modern practice by special orders of business that vest
control of debate in

[[Page 395]]

designated Members and permit them to yield more than once to other
Members. Manual Sec. 959.

In the House

The Member in control of debate in the House under the hour rule
has the discretion to yield for debate. Deschler-Brown Ch 29 Sec. 29.
Indeed, although not required to do so by standing rule, majority
members in control under the hour rule frequently yield one-half the
time to the minority. Deschler-Brown Ch 29 Sec. 29.15. Of course, the
yielding of time must be consistent with any division of time that is
required by House rule or a special order of business from the
Committee on Rules.

In the Committee of the Whole

In the Committee of the Whole, a Member in control of time for
general debate may yield a block of time (up to one hour) to another
Member. Deschler-Brown Ch 29 Sec. 31.24.
During five-minute debate Members may yield, as for a question or
comment, but may not yield blocks of time. 5 Hinds Sec. Sec. 5035-
5037. A Member yielding to a colleague during debate under the five-
minute rule should remain standing to protect such Member's right to
the floor. Deschler-Brown Ch 29 Sec. 29.8. If a Member uses only part
of the time, such five-minute period is treated as exhausted, as it
cannot be reserved, and another Member cannot claim recognition for
the unused time. 8 Cannon Sec. 2571. However, where debate on an
amendment is limited or allocated by a unanimous-consent agreement or
motion, or by a special order of business, to a proponent and an
opponent, the five-minute rule is abrogated and the Members
controlling the debate may yield blocks of time or reserve time.
Manual Sec. 980.

Yielding During Debate on Special Orders of Business

The traditional practice with regard to resolutions from the
Committee on Rules providing special orders of business for the
consideration of measures is for the Member in charge of the
resolution to yield one-half of the time to the minority, who then may
yield specified portions thereof. Although the minority member of the
Committee on Rules to whom one-half of the time for debate is yielded
customarily yields portions of that time to other Members, another
Member to whom a portion of time is yielded may in turn yield blocks
of that time only by unanimous consent. Deschler-Brown Ch 29
Sec. 31.23. However, where a Member has been recognized under the hour
rule following refusal of the previous question on such a resolution,
such Member has control of the time and is under no obligation

[[Page 396]]

to yield half of that time as is the customary practice of the
Committee on Rules. Deschler-Brown Ch 29 Sec. 15.20.

Yielding Time During Yielded Time

A Member to whom time has been yielded during debate under the
hour rule in the House may, while remaining standing, yield to a third
Member for comments or questions but may not in turn yield blocks of
time, except by unanimous consent. Deschler-Brown Ch 29 Sec. 31.21. A
similar rule is followed in the Committee of the Whole. Deschler-Brown
Ch 29 Sec. 31.24.
Where a Member is yielded time in the House for debate only, time
may not be yielded to a third Member for purposes other than debate.
Deschler-Brown Ch 29 Sec. 31.19.

Sec. 16 . -- Yielding for Amendment

In General

A measure being considered in the House is not subject to
amendment by a Member not in control of the time unless the Member in
control yields for that purpose. Deschler-Brown Ch 29 Sec. Sec. 30.1,
30.4. A Member may not offer an amendment in time secured for debate
only or request unanimous consent to offer an amendment unless yielded
to for that purpose by the Member controlling the floor. Manual
Sec. 946; 8 Cannon Sec. 2474; Deschler-Brown Ch 29 Sec. 30.6.
Members to whom time is yielded for the purpose of offering an
amendment in the House are recognized in their own right to discuss
the amendment for one hour and may themselves yield time. 8 Cannon
Sec. Sec. 2471, 2478; Deschler-Brown Ch 29 Sec. 30.11.

Loss of Control by Yielding Member

A Member may not yield to another Member to offer an amendment
without losing the floor. 5 Hinds Sec. Sec. 5021, 5030, 5031; 8 Cannon
Sec. 2476; Manual Sec. 946. Where a Member controlling the time on a
measure in the House yields for the purpose of amendment, another
Member may move the previous question on the measure before the Member
yielded to is recognized to debate the amendment. Manual Sec. 997. The
previous question takes precedence over an amendment. Clause 4 of rule
XVI; Manual Sec. 911. If the Member calling up a measure offers an
amendment and then yields to another Member to offer an amendment to
that amendment, the first Member loses the floor and the Member
yielded to is recognized for one hour and may move the previous
question on the amendments and on the measure itself. Deschler-Brown
Ch 29 Sec. 33.9.

[[Page 397]]

Under the Five-Minute Rule

A Member recognized under the five-minute rule may not yield to
another Member to offer an amendment. It is the prerogative of the
Chair to recognize Members offering amendments under the five-minute
rule. Manual Sec. 946. However, a Member recognized under the five-
minute rule may by unanimous consent yield the balance of the time to
another Member, who may thereafter offer an amendment when separately
recognized by the Chair for that purpose. Deschler-Brown Ch 29
Sec. 19.25.
A Member offering a pro forma amendment under the five-minute rule
may not yield to another Member during that time to offer an
amendment. Manual Sec. 981.

Sec. 17 . Interruptions; Losing or Surrendering Control

In General

With few exceptions, a Member may interrupt another Member in
debate only if yielded to. A Member desiring to interrupt another in
debate should address the Chair to obtain the permission of the Member
speaking. The Member speaking may then decide whether or not to yield.
The Chair will take the initiative in preserving order when a Member
declining to yield in debate continues to be interrupted by another
Member. Deschler-Brown Ch 29 Sec. 42.14; Manual Sec. 946.
A Member in control of time for debate in the House may
voluntarily surrender the floor by simply so stating or by withdrawing
the measure. A Member recognized under the hour rule may yield the
floor upon expiration of that hour without moving the previous
question, thereby permitting another Member to be recognized for a
successive hour. Manual Sec. 957. A Member also may lose the floor if
ruled out of order for disorderly language. Deschler-Brown Ch 29
Sec. 33. Finally, a Member loses the floor if yielding for other
legislative business (8 Cannon Sec. 2468) or for an amendment
(Sec. 16, supra).
A Member may be interrupted by a point of order or by the
presentation of certain privileged matter, such as a conference
report. 5 Hinds Sec. 6451; 8 Cannon Sec. 3294. In addition, it is
customary for the Speaker to request a Member to yield for the
reception of a message. Manual Sec. 946. However, a parliamentary
inquiry may not be used to interrupt a Member. Manual Sec. 628a.
Although a motion proposed by the Member in charge may be
displaced by a preferential motion, a Member may not by offering such
motion

[[Page 398]]

deprive the Member in charge of the floor. 8 Cannon Sec. 3259. A
Member having the floor may not be deprived of the floor:

By a motion to adjourn. 5 Hinds Sec. Sec. 5369, 5370; 8 Cannon
Sec. 2646.
By a demand for the previous question. 8 Cannon Sec. 2609.
By a question of personal privilege. 5 Hinds Sec. 5002; 8
Cannon Sec. 2459; 98-1, Sept. 29, 1983, pp 26508, 26509.

Interruptions for Parliamentary Inquiries

An interruption for a parliamentary inquiry is not in order unless
the Member having the floor yields for that purpose. Manual Sec. 628a;
8 Cannon Sec. Sec. 2455-2458. If a Member does yield for that purpose,
control of the floor is not lost because the right to resume is
retained. Thus, a Member who has been yielded time for a parliamentary
inquiry may not during such inquiry move that the House adjourn, for
that would deprive the Member holding the floor of the right to
resume. 88-2, June 3, 1964, p 12522.
Where the Member controlling the time yields to another for
debate, the latter may, during the time so yielded, propound a
parliamentary inquiry. 90-1, July 17, 1967, p 19033. The time consumed
to state and answer the inquiry is deducted from the time for debate.
94-1, Sept. 25, 1975, p 30196. When the Member holding the floor
during general debate yields solely for a parliamentary inquiry, such
Member's time continues to run. Deschler-Brown Ch 31 Sec. 15.6.
However, when the Chair entertains a parliamentary inquiry before the
Member managing the pending measure in the House has been recognized
for debate, or between recognitions, the time consumed by the inquiry
does not come out of the manager's time. Deschler-Brown Ch 31
Sec. 15.8.

C. Relevancy in Debate

Sec. 18 . In General; In the House

Members addressing the House must confine themselves ``to the
question under debate. . . .'' Clause 1 of rule XVII; Manual Sec. 945.
The rule, which was adopted in 1811, enables the House to expedite
proceedings when a specific proposition is before it for action.
Manual Sec. 945; 5 Hinds Sec. Sec. 4979, 5043-5048; 8 Cannon
Sec. 2481. The rule is directed against irrelevant discussion, not
mere redundancy. Although Jefferson's Manual enjoins superfluous or
tedious remarks, in practice the House has never suppressed debate of
this character, the hour rule being regarded as sufficiently
restrictive in that regard. Manual Sec. 359.

[[Page 399]]

Debate on a reported resolution pending before the House should be
confined thereto and should not be extended to an unreported bill even
though on the same subject. 5 Hinds Sec. 5053. The rule is also
applicable to debate on private bills. 8 Cannon Sec. 2590. On a motion
to suspend the rules, debate is confined to the object of the motion
and may not range to the merits of a bill not scheduled for such
consideration. Manual Sec. 948.
It was the custom of earlier Speakers to hold the Member speaking
strictly to the question before the House, without waiting for the
point to be made on the floor. See 5 Hinds Sec. 5043 (note). Under
modern practice, however, the Chair waits for a point of order to be
made and rarely calls a Member to order sua sponte for speaking on an
unrelated question. Manual Sec. 948.
Under modern practice Speakers have applied the rule of relevancy
with more tolerance and latitude than under the earlier practice.
Deschler-Brown Ch 29 Sec. 35. A Member is sometimes permitted to
discuss matters other than the pending measure by unanimous consent.
Deschler-Brown Ch 29 Sec. 35. Absent unanimous consent, if a point of
order is made and sustained, the Speaker must direct the Member
speaking to confine remarks to the question (5 Hinds Sec. Sec. 5044-
5048) and to maintain an ongoing ``nexus'' between the pending bill
and any broader policy issues (Manual Sec. 948).
The relevancy requirement of rule XVII is applicable to floor
debate on pending propositions. It is not normally applicable to a
Member making a one-minute or special-order speech. See Sec. 50,
infra. However, if a unanimous-consent request for a Member to address
the House for one hour specifies the subject of the address, the Chair
may enforce the rule of relevancy in debate by requiring that the
remarks be confined to the subject so specified. Manual Sec. 948.
When a resolution reported from the Committee on Rules is pending,
debate must be confined to that special order of business and to the
merits of the bill made in order thereby. Debate should not extend to
the merits of a bill that is not to be considered under the special
order of business. Manual Sec. 948. However, debate may extend to the
merits of a germane amendment to the special order of business, which
a proponent is prepared to offer in the case that the previous
question is not ordered on the special order of business.
Debate on a question of personal privilege must be confined to the
statements or issue that gave rise to the question of privilege. 5
Hinds Sec. Sec. 5075-5077; 6 Cannon Sec. Sec. 576, 608; 8 Cannon
Sec. Sec. 2448, 2481; Deschler-Brown Ch 29 Sec. 36. Debate on a
privileged resolution recommending disciplinary action against a
Member may include comparisons with other such actions taken by or
reported to the House for purposes of measuring the se

[[Page 400]]

verity of punishment but should not extend to the conduct of another
Member who is not the subject of a committee report. Debate on a
resolution electing a Member to committee should not extend to that
committee's agenda. Manual Sec. 948.

Sec. 19 . In the Committee of the Whole-- General Debate

In the Committee of the Whole, during the general debate that
precedes the reading of the bill for amendment under the five-minute
rule, a Member is allowed great freedom and latitude in debate. 5
Hinds Sec. Sec. 5234-5238. ``Anything may be discussed which may by
the liveliest imagination be supposed to relate to the state of the
Union in any particular or in any degree, however remote.'' 8 Cannon
Sec. 2590. However, such license is normally suppressed by the special
order of business or other House order setting the duration and scope
of the debate. 5 Hinds Sec. Sec. 5233-5238; 8 Cannon Sec. 2590;
Deschler-Brown Ch 29 Sec. 37. If the bill is being considered under
the terms of a special order of business that requires that debate be
confined to the bill, a Member may exceed those bounds only by
unanimous consent. Deschler-Brown Ch 29 Sec. 37.3.

Sec. 20 . -- Under the Five-Minute Rule

The scope of debate under the five-minute rule is more narrowly
confined than is the scope of general debate. Manual Sec. 948; 5 Hinds
Sec. Sec. 5240-5256; 8 Cannon Sec. 2591. Debate on a pending amendment
must be confined to the subject of the amendment and its relation to
the bill. Deschler-Brown Ch 29 Sec. Sec. 38.5, 38.11. This is due in
part to the language of clause 5 of rule XVIII, which states that a
Member is to be allowed five minutes ``to explain'' an offered
amendment. Manual Sec. 978. It has been held that remarks on the
general merits of the bill are not in order as ``explaining'' an
amendment, and remarks touching on the demerits of the bill are not in
order as opposing an amendment. 5 Hinds Sec. 5242. Nevertheless, the
Chair may accord Members latitude to put their amendment in context,
such as permitting debate on a series of amendments in the nature of a
substitute to a concurrent resolution on the budget to include
amendments not yet offered. 106-1, Mar. 25, 1999, pp 5725-27, 5733-44.
Relevancy in debate may be enforced even if a Member is attempting
to respond to previous extraneous remarks in debate against which no
point of order was raised. Deschler-Brown Ch 29 Sec. 38.13; 110-1,
July 31, 2007, p 21963. However, a Member may speak to another subject
by unanimous consent. This is permitted even where the Committee of
the Whole is proceeding pursuant to the provisions of a special order
of business permitting

[[Page 401]]

only designated amendments to be offered. Deschler-Brown Ch 29
Sec. 38.17. Where a general provisions title is pending, debate may
relate to any subject covered by the bill. Manual Sec. 948.

D. Disorder in Debate

Sec. 21 . In General

Generally

Among the oldest rules of the House are those that authorize the
Speaker to maintain order and decorum in the House (clause 2 of rule
I) and to call a Member who had transgressed the rules of the House
``in speaking or otherwise'' to order (clause 4 of rule XVII). This
language makes it clear that Members must not only follow all the
rules and requirements for the conduct of business in the House, but
must also observe the principles of decorum and courtesy in debate, as
set forth in rule XVII and by related provisions in Jefferson's
Manual. Manual Sec. Sec. 353-379, 945-962.
Time consumed by proceedings incident to a call to order is not
charged against the time of the Member under recognition. 102-2, Oct.
3, 1992, p 31009.
A Member may be called to order by another Member's timely demand
that the words used be taken down and read aloud at the Clerk's desk.
The Speaker then rules whether the words or actions of the Member are
disorderly. Whether an offending Member is to be allowed to proceed in
order or is to be disciplined is determined by the House. Sec. 26,
infra.

Disorderly Acts

Decorum or comportment in the conduct and behavior of Members on
the floor of the House is governed in part by clause 5 of rule XVII.
Manual Sec. 962. Prohibited conduct under the rule includes:

Walking out of or across the hall while the Speaker is
addressing the House.
Passing between the Chair and a Member under recognition.
Wearing a hat.
Using a mobile electronic device that impairs decorum.
Remaining by the Clerk's desk during roll calls.
Smoking.
Wearing a communicative badge while under recognition.

A Member's comportment may constitute a breach of decorum even
though the content of that Member's speech is not, itself,
unparliamentary. Deschler-Brown Ch 29 Sec. 41.2; 103-2, July 29, 1994,
p 18609.

[[Page 402]]

Demonstrations of approval or disapproval, such as applause, are
not a part of the formal proceedings of the House and are not carried
in the Congressional Record. Deschler-Brown Ch 29 Sec. 41.8. A Member
having the floor may not request Members to conduct a straw vote, such
as showing hands or rising in support of a certain measure. Deschler-
Brown Ch 29 Sec. 41.10.
The Chair may entertain a demand to clear the well in the event of
disorder therein. 88-1, Dec. 9, 1963, p 23831. Under clause 3 of rule
II, the Sergeant-at-Arms attends the sittings of the House and the
Committee of the Whole and maintains order under the direction of the
Speaker or Chair. Manual Sec. 656; 1 Hinds Sec. 257. On one occasion
the Speaker requested the Sergeant-at-Arms to assist him in
maintaining decorum disrupted by a former Member. Manual Sec. 622.
Former Members may be banned from the floor for indecorous behavior as
a matter of privilege. Manual Sec. 680.
Acts of physical violence by one Member or between two Members
during or after heated debate have occurred. 2 Hinds Sec. Sec. 1642-
1644, 1655, 1656. Assaults or affrays in the Committee of the Whole
are dealt with by the House. 2 Hinds Sec. Sec. 1648-1651.

Attire

The Speaker has announced as proper the customary traditional
attire for Members while in attendance in the House Chamber, including
a coat and tie for male Members and appropriate attire for female
Members. In one instance, the Speaker refused to recognize for debate
a Member in violation of the practice that Members were expected to
follow traditional standards of dress, and requested the Member in
question to remove himself from the floor and don proper attire. The
House subsequently agreed to a resolution, offered as a question of
privilege, requiring Members to wear proper attire as determined by
the Speaker, and denying noncomplying Members the privilege of the
floor. Manual Sec. 622.

Exhibits and Charts; Badges

Under clause 6 of rule XVII, the Chair has the discretion to
submit to the House the question of the use of an exhibit, such as a
chart, during debate. In addition, the Speaker's responsibility to
preserve decorum requires that an exhibit in debate that would be
demeaning to the House or that would be disruptive of its proceedings
be disallowed. Manual Sec. Sec. 622, 963; see Sec. 61, infra.
In recent years, Members occasionally have worn badges on the
floor to convey political messages to their colleagues and to the
television audience. The Speaker has advised Members that the wearing
of badges on the

[[Page 403]]

floor while engaging in debate is inappropriate and in contravention
of clause 1 of rule XVII. Manual Sec. 945.

Speaker's Announcements

On the opening day of recent Congresses, the Speaker has stressed
the importance of various rules of decorum in the House. The Speaker
has prefaced this customary announcement with a general statement
concerning decorum in the House, including adjurations against
engaging in personalities, addressing remarks to spectators, and
passing in front of the Member addressing the Chair. ``It is
essential,'' the Speaker said, ``that the dignity of the proceedings
of the House be preserved, not only to assure that the House conducts
its business in an orderly fashion but to permit Members to properly
comprehend and participate in the business of the House.'' 107-1, Jan.
3, 2001, p 40. See also Sec. Sec. 60-62, infra.
At the beginning of the 112th Congress, the Speaker's announcement
regarding recognition for special-order speeches affirmed that the
Speaker retains the ability to withdraw such recognition should
circumstances (such as disorderly conduct) so warrant. 112-1, Jan. 5,
2011, p __.

Sec. 22 . Disorderly Language

Members have been censured or otherwise disciplined for the use of
disorderly words in debate, whether the words were uttered in the
House or the Committee of the Whole. Manual Sec. 960; 2 Hinds
Sec. Sec. 1254, 1259, 1305; 6 Cannon Sec. 236. A Member may likewise
be disciplined for the insertion of disorderly words in the
Congressional Record. 6 Cannon Sec. 236. Members have been cautioned
against the use of vulgarity or profanity in debate. Manual Sec. 945.
The Chair may call to order a Member engaging in or tending toward
personalities in debate or for a verbal outburst following the
expiration of time for debate. Manual Sec. Sec. 361, 622. For a
discussion of critical references to Members, see Sec. 37, infra.
Remarks in debate have been the subject of a resolution
collaterally raising a question of the privileges of the House, such
resolution alleging that the remarks brought discredit upon the House
and proposing that the Member in question be censured. 110-1, Oct. 23,
2007, p 27966; see also Questions of Privilege.
The context of the debate itself must be considered in determining
whether the words objected to constitute disorderly criticism or do in
fact fall within the boundaries of appropriate parliamentary
discourse. The present-day meaning of language, the tone and intent of
the Member speaking, and the subject of the remarks, must all be taken
into account by the Speaker. There have been instances in which the
same or similar word has

[[Page 404]]

on one occasion been ruled permissible and on another ruled
unparliamentary. Thus the word ``damn'' has been ruled out of order,
whereas ``damnable'' has been permitted. Deschler-Brown Ch 29 Sec. 43.

Sec. 23 . -- Critical References to the Senate and to Senators

A rule of comity prohibiting most references in debate to the
Senate was first enunciated in Jefferson's Manual and was strictly
enforced in the House through the 108th Congress (albeit with certain
exceptions adopted in the 100th and 101st Congresses). Manual
Sec. 945. The former rule prohibited most references to the Senate
except in a general or neutral way and prohibited any references to
individual Senators (beyond their status as sponsors of legislation).
In the 109th Congress, the rule was changed to permit references
to the Senate generally and to subject individual Senators to the same
standards of debate used for Members of the House. Thus, Members may
not engage in ``personalities'' with regard to individual Senators.
For example, it is not in order to refer to a Senator in a derogatory
fashion, to question a Senator's personal motives, or to accuse a
Senator of falsehood or deception. For further information on the
kinds of personal remarks prohibited as to both House Members and
Senators, see Sec. Sec. 37-43, infra. The Chair will take the
initiative to call Members to order for unparliamentary references
with regard to the Senate. Manual Sec. 371.

Sec. 24 . -- References to the Press, Media, or Gallery

References to the Media

A Member should address all remarks to the Chair, and only the
Chair; it is not in order for a Member to address remarks to ``the
press'' or to the ``television audience,'' including Members watching
in their offices. The rule is enforced on the Chair's own initiative.
Manual Sec. 945.

References to the Gallery

By rule of the House adopted in 1933, no Member may introduce or
refer to any occupant of the galleries of the House. Clause 7 of rule
XVII; Manual Sec. 966. The rule is strictly enforced, and the Speaker
ordinarily intervenes sua sponte to prevent infraction thereof.
Deschler-Brown Ch 29 Sec. Sec. 45.4, 45.7. The rule may not be
suspended by permission to proceed out

[[Page 405]]

of order, even by unanimous consent. Manual Sec. 966. The rule has
been invoked to prevent a Member from making references to:

An honored guest in the gallery who had exhibited ``great
heroism.'' Deschler-Brown Ch 29 Sec. 45.1.
A Member's constituents sitting in the gallery. Deschler-Brown
Ch 29 Sec. 45.2.
A Federal official present in the gallery who had an interest
in the pending bill. Deschler-Brown Ch 29 Sec. 45.3.
A ``disinterested, objective observer'' sitting in the
gallery. Deschler-Brown Ch 29 Sec. 45.5.
Family members present in the gallery. 99-2, July 29, 1986, p
17956.

Sec. 25 . -- References to Executive Officials

Jefferson wrote that in Parliament it was out of order to speak
``irreverently or seditiously'' against the King. Manual Sec. 370. No
analogous constraint exists in the rules of the House. Members in
debate are permitted wide latitude in the use of language that is
critical of the President, other officials of the executive branch,
and the government itself. 5 Hinds Sec. Sec. 5087-5091; 8 Cannon
Sec. Sec. 2499, 2500; Deschler-Brown Ch 29 Sec. 47. Such criticism is
considered as inherent in the exercise of legislative authority. As a
report adopted by the House in 1909 read, ``The right to legislate
involves the right to consider conditions as they are and to contrast
present conditions with those of the past or those desired in the
future. The right to correct abuses by legislation carries the right
to consider and discuss [them].'' 8 Cannon Sec. 2497. Members may
employ strong language in criticizing the government, government
agencies, and governmental policies. For example, it has been held in
order for a Member to:

Refer to the government as ``something hated, something
oppressive.'' Deschler-Brown Ch 29 Sec. 47.6.
Refer to the President as ``using legislative and judicial
pork.'' 8 Cannon Sec. 2499.
Refer to certain unnamed officials as ``our half-baked nitwits
who are handling the foreign affairs. . . .'' Deschler-Brown Ch
29 Sec. 47.3.
Refer to a Federal agency as a ``Socialist, Communist''
experiment. Deschler-Brown Ch 29 Sec. 47.4.
Refer to the government as a ``labor dictatorship.'' Deschler-
Brown Ch 29 Sec. 47.5.

On the other hand, the rules do not permit the use of language
that is personally offensive toward the President. Manual Sec. 370; 5
Hinds Sec. 5094. For example, it is out of order to call the President
a ``liar'' or a ``hypocrite'' or to refer to accusations of sexual
misconduct. Manual Sec. 370; 8 Can

[[Page 406]]

non Sec. 2498; Deschler-Brown Ch 29 Sec. 47.16. A Member may refer to
political motives of the President in debate. However, personal
criticism, innuendo, ridicule, or terms of opprobrium are not in
order. 8 Cannon Sec. 2497. For example, a Member may not in debate
describe the President's veto of a bill as ``cowardly'' (Manual
Sec. 370), charge that the President has been ``intellectually
dishonest'' (Deschler-Brown Ch 29 Sec. 47.15), refer to the President
as ``giving aid and comfort'' to the enemy (Deschler-Brown Ch 29
Sec. 47.17), or describe the President's actions as ``arrogant'' (110-
1, Jan. 11, 2007, p 998) or ``mean-spirited'' (110-2, July 15, 2008, p
__).
Members must abstain from personally offensive language even
during impeachment proceedings. It is not in order to refer to
evidence of alleged impeachable offenses by the President contained in
a communication from an Independent Counsel pending before a House
committee but not before the House itself. Manual Sec. 370.
The Speaker has advised that the traditional protections against
unparliamentary references to the President do not necessarily extend
to the President's family. Deschler-Brown Ch 29 Sec. 47.18. The
Speaker enunciated a minimal standard of propriety for all debate
concerning nominated candidates for the Presidency, based on the
traditional proscription against personally offensive references to
the President even in the capacity of candidate. Manual Sec. 370.
References in debate to the Vice President are governed by the
standards of reference permitted toward the President or Senators.
Therefore, a Member may criticize in debate the policies or candidacy
of the Vice President but may not engage in personality. Manual
Sec. 371.
Under rule XVII a Member may be called to order for alleged
unparliamentary references to the President by a demand that the words
be taken down. Deschler-Brown Ch 29 Sec. 49.32.

Sec. 26 . Procedure; Calls to Order

In the House

Procedures are available under rule XVII that enable the House to
deal with disorderly words or actions by Members. A Member
transgressing the rules may be called to order by the Speaker or by
another Member. Manual Sec. 960. The Member calling the offending
Member to order may demand that the words objected to be ``taken
down'' and read to the House by the Clerk. Manual Sec. 960.
Briefly summarized, procedures available to deal with disorder
include:

Point of order raised against alleged unparliamentary
language.
Demand that words be ``taken down.''

[[Page 407]]

The Chair gavels the proceedings to a halt and directs the
offending Member to be seated.
Words taken down reported to the House by the Clerk.
Unanimous-consent request to withdraw words taken down.
Motion to allow Member to explain words taken down.
Speaker rules whether words are out of order.
Member ruled out of order must be seated and discontinue
debate.
Motion to strike (or expunge) words.
Censure or other disciplinary action by the House if (with
certain exceptions) there has been no intervening debate or
business.
Motion that the Member be allowed to proceed in order.

Not all cases involving disorderly words require the taking down
of words and other formal action by the House. In many instances, the
Chair will observe that debate is becoming personal and approaching a
violation of the rules, in which case the Chair may simply request
that Members proceed in order. See, e.g., Deschler-Brown Ch 29
Sec. 48.1. The Chair also may caution all Members, on the Chair's own
initiative or in response to a parliamentary inquiry, not to question
the integrity or motivation of other Members in debate. Deschler-Brown
Ch 29 Sec. 49.36. Likewise, where a Member objects to unparliamentary
remarks delivered in debate, but does not demand that the words be
taken down, it is appropriate for the Chair to sustain the point of
order and then direct the Member to proceed in order. Deschler-Brown
Ch 29 Sec. 49.34.
Ordinarily, a question of personal privilege may not be based upon
language uttered in debate, the proper course being the timely demand
that words be taken down under rule XVII. Manual Sec. 708. However,
remarks in debate have been the subject of a resolution collaterally
raising a question of the privileges of the House, such resolution
alleging that the remarks brought discredit upon the House and
proposing that the Member in question be censured. 110-1, Oct. 23,
2007, p 27966; see also Questions of Privilege.

Sec. 27 . -- Procedure in the Committee of the Whole

A point of order may be raised against the use of disorderly
language during debate in the Committee of the Whole. The chair of the
Committee may respond by sustaining the point of order and admonishing
the offending Member to proceed in order. Deschler-Brown Ch 29
Sec. 49.34.
The use of disorderly language in the Committee of the Whole also
is subject to a demand that the words be taken down and reported to
the House for a ruling by the Speaker. 8 Cannon Sec. 2539. The Chair
does not rule on whether the words taken down are out of order. 8
Cannon Sec. Sec. 2533,

[[Page 408]]

2540. There is no debate in the Committee on the propriety of the
words used. 8 Cannon Sec. 2538. The Committee rises automatically to
report the words to the House after the words are reported by the
Clerk. 2 Hinds Sec. Sec. 1257-1259, 1348; 8 Cannon Sec. Sec. 2533,
2538, 2539. The business of the Committee is suspended until the words
objected to are reported to the House. Deschler-Brown Ch 29
Sec. 49.42.

Form

Chair: M_. Speaker, the Committee of the Whole House on the state
of the Union having under consideration the bill H.R. __, certain
words used in debate were objected to and on request were taken down
and read at the Clerk's desk, and I herewith report the same to the
House.
Speaker (after announcing report of Chair): The Clerk will read
the words reported from the committee.

All of the words objected to in the Committee of the Whole should
be reported to the House. The Speaker can pass only on the words as
reported; a demand that additional words uttered in Committee be
reported is not in order in the House. Deschler-Brown Ch 29
Sec. 50.10.
After the Speaker rules on the words objected to and the House has
disposed of any disciplinary proceedings, the Committee of the Whole
resumes its sitting without motion. 8 Cannon Sec. Sec. 2539, 2541;
Manual Sec. 961.

Sec. 28 . -- Taking Down Words

The taking down of words objected to in debate was a practice of
the House even before the procedure became part of its formal rules in
1837. Clause 4 of rule XVII; Manual Sec. 960. The words taken down may
consist of a single phrase (Deschler-Brown Ch 29 Sec. 61.3) or an
entire colloquy between two Members (Deschler-Brown Ch 29 Sec. 49.13).
The demand should indicate the words excepted to and the identity of
the Member who uttered them. Manual Sec. 960. The objecting Member may
indicate briefly the basis for the demand, such as impugning the
motives of a colleague; but the objecting Member may not at that time
debate the grounds for a finding that the words are disorderly.
Deschler-Brown Ch 29 Sec. 49.18.
Ordinarily, debate on or interpretation of the words objected to
is not in order pending a ruling by the Speaker. Although words
objected to in debate may be withdrawn pursuant to a unanimous-consent
request, no debate is in order pending such a request. Deschler-Brown
Ch 29 Sec. 49.20. However, the offending Member may by unanimous
consent (or on motion by another Member) be permitted to explain the
words. Deschler-Brown Ch 29 Sec. 52.16; Sec. 30, infra.

[[Page 409]]

While a demand that a Member's words be taken down is pending,
that Member should be seated immediately. Manual Sec. 961. It is a
breach of decorum for a Member to ignore the Chair's gavel and the
instruction to be seated. Deschler-Brown Ch 29 Sec. 41.2.
The business of the House is suspended until the words are
reported to the House. Deschler-Brown Ch 29 Sec. 49.32. During that
time the Speaker may refuse to entertain a parliamentary inquiry or a
unanimous-consent request that a Member be allowed to proceed for one
minute. Deschler-Brown Ch 29 Sec. Sec. 49.14, 49.15.

Form

Member: M_. Speaker (or M_. Chair), I ask that the gentle___'s
words be taken down.
Chair: The gentle___ will be seated. The Clerk will report the
words.

Timeliness of Demand

A demand that words be taken down is in order only if made in a
timely manner under rule XVII. Manual Sec. 960; 110-1, Jan. 22, 2007,
p 1899. The demand should be made immediately after the words are
uttered. Where debate has intervened, the demand comes too late unless
the objecting Member was standing and seeking recognition at the
proper time. The Chair's determination whether a Member's point of
order constitutes a demand that those words be ``taken down,'' is not
such intervening debate or business as to render the demand untimely.
Manual Sec. 961; 8 Cannon Sec. 2528. The Chair may not respond to a
parliamentary inquiry regarding the propriety of words pending a
demand that words be taken down or after the words have been uttered
and no such demand has been made. Manual Sec. 628.

Taking Down Words Read From Papers

Papers read during debate are subject to a timely demand that
words be ``taken down'' as an unparliamentary reference to other
sitting Members, but the demand must be made before subsequent reading
intervenes. That certain words may already have been published
elsewhere does not make them admissible in debate, and words not
admissible in debate may not be inserted in the Congressional Record.
Deschler-Brown Ch 29 Sec. 83.6.

Withdrawal of Demand

Before a ruling by the Speaker, a demand in the House or in the
Committee of the Whole that words be taken down may be withdrawn by
the Member making the demand, and unanimous consent is not required.
Manual Sec. 961.

[[Page 410]]

Sec. 29 . -- Withdrawal or Modification of Words

Generally; In the House

Words objected to in debate in the House may be withdrawn or
modified by unanimous consent, even after the words have been taken
down on demand and read by the Clerk. 8 Cannon Sec. Sec. 2543, 2544;
Deschler-Brown Ch 29 Sec. Sec. 51.1, 51.2.
Pending a demand that words spoken in debate be taken down and
ruled unparliamentary, the Chair may inquire whether the Member whose
remarks are challenged wishes to request unanimous consent to modify
the remarks before directing the Clerk to read them. Deschler-Brown Ch
29 Sec. 51.11. However, the withdrawal of unparliamentary language may
be made even after the Speaker has ruled the language out of order or
even recognized another Member on a motion to strike the words from
the Congressional Record. 8 Cannon Sec. 2539.
The Speaker does not rule retrospectively on the propriety of
words withdrawn by unanimous consent. Manual Sec. 628.

In the Committee of the Whole

A Member may withdraw or modify words objected to in the Committee
of the Whole by unanimous consent. 8 Cannon Sec. Sec. 2528, 2538. In
one instance, two Members demanded that each other's words be taken
down and then, by unanimous consent, withdrew their remarks in the
Committee before they were reported to the House. Deschler-Brown Ch 29
Sec. 51.5.

Deletions From the Record

Clause 8 of rule XVII mandates that the Congressional Record be a
``substantially verbatim'' account of debate and permits the deletion
of unparliamentary remarks only by order of the House. This clause
establishes a standard of conduct within the meaning of that provision
of the rules giving rise to the investigative jurisdiction of the
Committee on Ethics.

Sec. 30 . -- Permission to Explain

Ordinarily, a Member whose words are taken down must sit down and
may not explain the remarks pending a ruling by the Speaker. Manual
Sec. 961. However, the rules specifically provide for a motion to
allow the Member to explain, which motion may be made only by another
Member. Clause 4 of rule XVII; Manual Sec. 960. Moreover, the Speaker
has the discretion, before ruling on the words, to request the Member
called to order to make a brief explanation of the remarks. Deschler-
Brown Ch 29 Sec. 52.16.

[[Page 411]]

Sec. 31 . -- Speaker's Ruling

The Speaker (or Speaker pro tempore) has the sole power to rule
whether words objected to constitute a breach of order in debate.
Manual Sec. Sec. 960, 961; 2 Hinds Sec. 1249; 5 Hinds Sec. Sec. 5163-
5169. This determination is made by the Speaker after the words have
been taken down (whether in the House or in the Committee of the
Whole) and have been reported by the Clerk. The question of whether
words taken down violate the rules is for the Speaker to decide and is
not debatable. Deschler-Brown Ch 29 Sec. 50.7. The Chair judges the
words as read by the Clerk and not as alleged to have been uttered.
Manual Sec. 961. No Member may engage the Chair until the demand has
been disposed of. Manual Sec. 961.
The Speaker's ruling on a question of order has been appealed in
the House in numerous instances, the Speaker generally being
sustained. See, e.g., 5 Hinds Sec. Sec. 5157, 5173, 5178, 5194, 5196,
5198, 5199. Such an appeal is subject to the motion to table. Manual
Sec. 629. Also, the House may, by voting on a proper motion, dictate
the consequences of that ruling by imposing disciplinary action or by
allowing the Member to proceed in order.
The Speaker, in ruling on the words objected to, weighs the
importance of freedom in debate against the need to maintain the order
and dignity of the House. 5 Hinds Sec. 5163. The Speaker considers the
meaning of the words as well as the context in which they were used.
Deschler-Brown Ch 29 Sec. 50.6. Pending the ruling, the Speaker may
recognize the Member who made the statement to ask unanimous consent
to withdraw or modify the words. Deschler-Brown Ch 29 Sec. Sec. 51.1,
51.2. The Speaker also may put questions to the offending Member about
the words and may consult dictionaries to determine the meaning of
certain words or terms. Deschler-Brown Ch 29 Sec. Sec. 50.3, 50.4.

Sec. 32 . -- Discipline; Post-Ruling Motions

Generally

Censure or other disciplinary action is a matter for the House and
not the Chair to decide. Manual Sec. 961. However, no House action is
in order until the Chair has ruled on the words objected to. Deschler-
Brown Ch 29 Sec. 51.21. If the words used are ruled to be
unparliamentary, and if such words have not been withdrawn, the House
may entertain certain motions enabling it to dispose of the breach of
order.

Striking Words From the Record

Under modern practice, words ruled out of order are normally
stricken from the Congressional Record by unanimous consent initiated
by the Chair.

[[Page 412]]

Manual Sec. 961. If there is an objection, a motion to strike or
expunge the words from the Record is in order. 8 Cannon
Sec. Sec. 2538, 2539; Manual Sec. 960. A motion to expunge is in order
even though the House by vote has authorized the Member to proceed.
Deschler-Brown Ch 29 Sec. 51.23. The motion, which is debatable within
narrow limits under the hour rule, is not in order until the Chair has
decided that the words are out of order. Manual Sec. 961; Deschler-
Brown Ch 29 Sec. 51.21. The motion is not in order in the Committee of
the Whole. Manual Sec. 961.

Proceeding In Order

After a Member's words have been ruled out of order, the Member
may be permitted to proceed in order on that same day either by
unanimous consent or by motion. Manual Sec. 961. It is the practice to
test the opinion of the House by a motion ``that the gentle___ be
allowed to proceed in order.'' 5 Hinds Sec. Sec. 5188, 5189; 8 Cannon
Sec. 2534. This motion may be stated on the initiative of the Chair.
It is debatable within narrow limits of relevance under the hour rule,
and is subject to the motion to lay on the table. Manual Sec. 961. The
motion is privileged for consideration in the House. Deschler-Brown Ch
29 Sec. 51.22. A motion to strike the objectionable words also
generally precedes a proposition to permit a Member to proceed in
order. See, e.g., Deschler-Brown Ch 29 Sec. 52.7.
If a Member is not granted permission to proceed on that same day,
the Member cannot speak even on yielded time and may not insert
unspoken remarks in the Congressional Record. Manual Sec. 961; 5 Hinds
Sec. Sec. 5147, 5196-5199. However, the Member may exercise the right
to vote or to demand the yeas and nays. 8 Cannon Sec. 2546. Whether
the Member is to be allowed to proceed in order or is to be subjected
to censure or other disciplinary measure is for the House to
determine. Manual Sec. 960.

E. Critical References to the House, Committees, or Members

Sec. 33 . In General; Criticism of the House

Generally

In early Congresses it was held not in order to ``cast
reflections'' on the House or its membership, present or past. 5 Hinds
Sec. Sec. 5132-5138. Today, in the interests of free and full debate
in conducting legislative deliberations, Members are permitted to
voice critical opinions of Congress, of the House, and of the
political parties. Deschler-Brown Ch 29 Sec. 53. Statements that are
critical of Congress or a portion of its membership will not be ruled
out

[[Page 413]]

of order for that reason alone. Thus, a statement in debate claiming
that the campaign expenses of Members were paid by certain interest
groups has been held to be in order. Deschler-Brown Ch 29 Sec. 53.1.
However, such criticism is subject to the rules and settled
practices of the House that require courtesy and decorum in debate.
Jefferson's Manual states that no one is permitted to use ``indecent
language'' in referring to the proceedings of the House. Manual
Sec. 360. The language used must not be offensive in itself. 5 Hinds
Sec. 5135. The words must be stated in such a way as to avoid personal
criticism of individual Members. Sec. 37, infra.

Ruled In Order

Following are precedents in which criticism in debate was held
parliamentary or in order as not referring to any particular Member:

A question whether it was a parliamentary inquiry to ask that
a bill be printed in ``words of one syllable so that [Members
of the opposing party] can understand it.'' Deschler-Brown Ch
29 Sec. 53.4.
A statement that a Member was leading his party in a policy of
opportunism. Deschler-Brown Ch 29 Sec. 53.5.
A statement referring to ``irresponsible actions by members of
the President's own party.'' Deschler-Brown Ch 29 Sec. 53.2.
``[Y]ou have your definition of consistency. My definition is
that consistency is a virtue of small minds.'' Deschler-Brown
Ch 29 Sec. 62.2.
A reference to Members as having praised a foreign dictator in
prior debate. Deschler-Brown Ch 29 Sec. 60.10.
Words characterizing unnamed Members as taking ``potshots''
and as lacking judgment. Deschler-Brown Ch 29 Sec. 51.16.
A reference to the consideration of a bill under procedures
representing ``a classic example of duplicity.'' 100-2, Apr.
19, 1988, pp 7330, 7335-39.

Ruled Out of Order

Following are examples in which remarks in debate were held
unparliamentary:

``Talk not to me of vindicating your insulted dignity. . . .
You have no dignity to vindicate.'' 5 Hinds Sec. 5132.
``[T]he proceedings of the House had been such as not only to
degrade it as a body, but also to degrade the country.'' 5
Hinds Sec. 5133.
A statement declaring the opinions and decisions of the House
``damnable heresies.'' 5 Hinds Sec. 5135.
A reference to ``[T]he right of the minority to stay
indefinitely the right of the majority to legislate is as
disgraceful, as dishonorable. . . .'' 5 Hinds Sec. 5136.
``Drunken Members have reeled about the aisles--a disgrace to
the Republic. Drunken speakers have debated grave issues on the
floor. . . .'' 5 Hinds Sec. 5186.

[[Page 414]]

A statement alleging that the Republican Conference believed
that lynching was a ``proper means of justice.'' Deschler-Brown
Ch 29 Sec. 53.3.
A statement alleging that a Member lacks ``decency.'' 110-1,
Mar. 21, 2007, p 7074.

To show the distinction between words that are permissible and
language that may be ruled out, illustrations in this chapter are
drawn from debates from earlier as well as recent Congresses. However,
precedents from earlier eras must be evaluated in their historical and
cultural context; whether a word or expression is to be ruled out of
order depends on its current meaning and usage. See Sec. 38, infra.

Sec. 34 . Criticism of Committees

A Member in debate may express general criticism of the actions of
a committee, as by alleging an abuse of its powers. Deschler-Brown Ch
29 Sec. 54.1. Criticisms of committee procedure are also permitted.
Deschler-Brown Ch 29 Sec. 54.6. However, a Member may not in debate
impugn the personal motives of a committee or its members or make
unparliamentary claims of unlawful activity. Deschler-Brown Ch 29
Sec. Sec. 54.2, 54.3. Debate may not include critical
characterizations of members of the Committee on Ethics who have
investigated a Member's conduct. Manual Sec. 361.

Ruled In Order

Following are examples in which remarks in debate were held
parliamentary:

A reference to the action of a committee as ``more or less
pusillanimous.'' Deschler-Brown Ch 29 Sec. 54.7.
An editorial read by a Member charging a committee with
``pigeon-holing'' certain legislation. Deschler-Brown Ch 29
Sec. 54.6.
``Did the gentleman's committee also find paid agents of
Hitler on the congressional payroll?'' Deschler-Brown Ch 29
Sec. 54.12.
A reference to a committee investigation of ``the recent wave
of policy lynch murder in Mississippi.'' Deschler-Brown Ch 29
Sec. 54.9.
A statement that a Member ``has been the victim of the
abusive, vicious, and irresponsible use of the power of a
congressional committee.'' Deschler-Brown Ch 29 Sec. 54.1.

[[Page 415]]

Ruled Out of Order

Following are examples in which remarks in debate were held
unparliamentary:

A statement that certain fascist organizations exercised
extensive influence on a special House committee. Deschler-
Brown Ch 29 Sec. 54.3.
Language referring to ``lies and half-truths'' of a House
committee report. Deschler-Brown Ch 29 Sec. 54.4.
``I cannot respect the actions or even the sincerity of some
of the committee members.'' Deschler-Brown Ch 29 Sec. 54.5.
A reference to the Committee on Un-American Activities as
``the Un-American Committee.'' Deschler-Brown Ch 29 Sec. 54.11.

Sec. 35 . Criticism of Speaker

The prescription of clause 1 of rule XVII that Members confine
themselves to the question under debate, ``avoiding personality,'' has
been applied to critical references to the Speaker's personal conduct.
Manual Sec. 362. It is not in order in debate to refer invidiously to
the Speaker. 8 Cannon Sec. 2531. It also is not in order to speak
disrespectfully of the Speaker. 2 Hinds Sec. 1248. For example, it has
been held out of order to assert that the Speaker was ``kowtowing'' to
persons who would desecrate the U.S. flag or to refer to the Speaker
as a ``crybaby.'' Manual Sec. 362. It is not in order in debate to
refer in a personally critical manner to the Speaker's political
tactics or to arraign the Speaker's personal conduct. Deschler-Brown
Ch 29 Sec. 57. Any complaint as to the conduct of the Speaker should
be presented directly for the action of the House and not by way of
debate on other matters, such as the approval of the Journal. Manual
Sec. 362; 5 Hinds Sec. 5188. Personal criticisms of the Speaker can be
challenged even after debate has intervened. 2 Hinds Sec. 1248;
Deschler-Brown Ch 29 Sec. 57.7.
It is not in order in debate for a Member to charge that the
Speaker, while presiding, committed a dishonest act or that the
Speaker repudiated and ignored the rules of the House. Deschler-Brown
Ch 29 Sec. 57.2. In one instance, however, an assertion of a personal
belief that a sufficient number had been standing to demand a recorded
vote was held parliamentary as not necessarily charging the Chair with
disregard of the rules, in the context of those words alone. Deschler-
Brown Ch 29 Sec. 57.4. It is not in order to refer to official conduct
of the Speaker that is either under investigation or has been resolved
by the Committee on Ethics or by the House. Manual Sec. 362.
If words impugning the Speaker are uttered, the Speaker may choose
not to rule on the words personally but to appoint a Member to occupy
the Chair and deliver a decision. Deschler-Brown Ch 29 Sec. 57.1.

[[Page 416]]

Sec. 36 . Criticism of Legislative Actions or Proposals

Generally

Although remarks in debate may not include personal attacks
against a Member or an identifiable group of Members, they may address
political motivations for legislative positions. Manual Sec. 363.
Statements in debate, although critical of House action or of the
legislation at issue, may be ruled in order if they do not improperly
reflect on the House or a particular Member. Deschler-Brown Ch 29
Sec. 58.4. Harsh words may be used to criticize a bill unless they
fail to ``avoid personality'' as mandated by rule XVII. Deschler-Brown
Ch 29 Sec. 58.1. For example, although it may be appropriate in debate
to characterize the effect of an amendment as deceptive or
hypocritical, to characterize the motivation of a Member in offering
an amendment with those terms is not in order. Deschler-Brown Ch 29
Sec. 58.12. A statement in debate that ``it is only demagoguery or
racism which impel such an amendment'' was held by the Speaker to be
unparliamentary as impugning the motives of the Member offering the
amendment. Deschler-Brown Ch 29 Sec. 58.6.

Ruled In Order

Criticisms of legislative actions or proposals or political
motivations that have been held in order in debate include:

A statement that ``sinister influences'' were working in the
interest of certain unnamed Members opposing a bill. Deschler-
Brown Ch 29 Sec. 58.9.
A statement accusing unnamed colleagues who opposed a measure
of talking ``loosely and recklessly with the truth.'' Deschler-
Brown Ch 29 Sec. 58.8.
A statement accusing unnamed Members of attempting to ``cut
off debate'' on important legislation in order to attend an
engagement at a hotel. 78-2, Feb. 3, 1944, p 1216.
A statement that all lawyers know ``that the adoption of this
language neither adds to nor takes from a single item of the
substance of this bill.'' Deschler-Brown Ch 29 Sec. 58.3.
A reference accusing unnamed opponents of a proposal of
``blind,'' ``slavish,'' and ``shameful'' opposition. Deschler-
Brown Ch 29 Sec. 58.7.
In reference to an amendment: ``. . . where I come from . . .
the people . . . do not like slippery, snide, and sharp
practices.'' Deschler-Brown Ch 29 Sec. 58.5.
A statement referring to a tactic of ``withholding'' votes
until it could be determined whether they would be necessary on
the pending question. Deschler-Brown Ch 29 Sec. 58.10.
A statement that a Member ``has already admitted his amendment
does not make sense, and he will take any alternative that is
offered.'' Deschler-Brown Ch 29 Sec. 58.4.

[[Page 417]]

Sec. 37 . Critical References to Members

Jefferson stressed the importance of preserving ``order, decency
and regularity . . . in a dignified public body.'' Manual Sec. 285.
The House rules provide that Members must confine themselves to the
question under debate, ``avoiding personality.'' Rule XVII. The Chair
may interrupt a Member engaging in ``personalities'' with respect to a
fellow Member as is the case with respect to improper references to
Senators or the President. However, under modern practice the Chair
normally awaits a point of order from the floor with respect to
references to other Members. Manual Sec. 961. The Chair may announce
an intention to take the initiative in calling Members to order during
debate on disciplinary resolutions. Manual Sec. 361.
The Speaker will hold language unparliamentary where it improperly
reflects on another Member under rule XVII. Manual Sec. 361. A Member
may not in debate impugn the personal motives of another Member
(Sec. 39, infra), charge another Member with falsehood or deception
(Sec. 40, infra), or denigrate a Member's intelligence (Sec. 41,
infra). It also is not in order in debate to refer in a personally
critical manner to the political tactics of a Member. Manual Sec. 361.
The truth of allegations involving unethical behavior of a Member is
not a defense to a point of order that the remarks are unparliamentary
as engaging in personalities explicitly or by innuendo. 104-1, Jan.
18, 1995, p 1444. On the other hand, it is recognized that free and
full debate is necessary in conducting legislative business, and a
Member is allowed considerable latitude in criticizing the position,
arguments, or contentions of another Member. Deschler-Brown Ch 29
Sec. 59.2; Sec. 36, supra.
It is not in order during debate to refer to a particular Member
of the House in a derogatory fashion, even though that Member is not
named, and the Chair may intervene to prevent improper reference where
it is evident that a particular Member is being described. Manual
Sec. 361. In one instance, after a Member had expressed an absence of
``good faith on the other side,'' he was granted unanimous consent to
withdraw any reference to any individual Member. 100-1, June 18, 1987,
pp 16761-63.
Members should refrain from references in debate to the official
conduct of other Members where such conduct is not under consideration
in the House by way of a report of the Committee on Ethics or as a
question of the privileges of the House. Manual Sec. 361.
The rule requiring Members to avoid ``personality'' during debate
prohibits reference to outside accounts whose criticism of a sitting
Member would be unparliamentary if uttered on the floor as the
Member's own words. Manual Sec. 361.

[[Page 418]]

It is not unparliamentary to describe in debate the effect that a
Member's remarks may have, especially where that description includes
a disclaimer disavowing any intention to impugn a Member's motives.
Deschler-Brown Ch 29 Sec. 59.8.

Ruled In Order

Following are examples in which remarks in debate were held
parliamentary:

A statement that if a certain Member were to sponsor a measure
it would receive only one or two votes. Deschler-Brown Ch 29
Sec. 58.2.
A reference to another Member's remarks as ``yapping.''
Deschler-Brown Ch 29 Sec. 61.13.
A statement accusing a Member of trying ``to becloud'' an
issue. Deschler-Brown Ch 29 Sec. 59.1.
A reference in debate to another Member as not representing a
certain class of people in his State. Deschler-Brown Ch 29
Sec. 60.7.
A reference to another Member's statement as ``intemperate.''
Deschler-Brown Ch 29 Sec. 59.5.
A description of a Member's statement that ``this is an
example of the spurious reasoning that [an interest group] has
with regard to their opposition to this bill.'' Deschler-Brown
Ch 29 Sec. 43.2.
A Member's statement that another Member's demand that words
be taken down during a special-order speech was ``an unfair
stealing of time.'' Deschler-Brown Ch 29 Sec. 59.10.
A Member's assertion that ``even though that may not be the
intention, I think [certain statements] have the tendency to
try to assassinate the character of the person making the
statement rather than to effectively assassinate the
argument.'' Deschler-Brown Ch 29 Sec. 59.8.
A Member's general reference that ``big donors'' receive
``access to leadership power and decisions'' because it does
not identify a specific Member as receiving a contribution
specifically in exchange for votes or other legislative action.
Manual Sec. 361.

Ruled Out of Order

Following are examples in which remarks in debate were held
unparliamentary:

A reference to the remarks of another Member as ``malignant
shafts'' or as a ``base insinuation.'' 5 Hinds Sec. 5162.
A reference to another Member as a ``snooper.'' Deschler-Brown
Ch 29 Sec. 61.11.
``The gentleman took the floor in his self-appointed role as
spokesman for the committee [and] referred to me in my absence
in a disgraceful and unparliamentary manner.'' Deschler-Brown
Ch 29 Sec. 59.3.
Referring to another Member as a demagogue or as a ``president
of the Demagogue Club.'' Deschler-Brown Ch 29 Sec. Sec. 60.3,
60.4.

[[Page 419]]

``[D]on't you start comparing anybody's record, because I have
got yours . . . with . . . the FBI.'' Deschler-Brown Ch 29
Sec. 60.24.
A reference to another Member as a ``pinko.'' Deschler-Brown
Ch 29 Sec. 61.9.
A reference to an identifiable group of sitting Members as the
perpetrators of a crime, such as ``stealing an election.''
Deschler-Brown Ch 29 Sec. 60.22.
A reference suggesting that another Member ``did not have the
nerve'' to make a statement on the floor. 104-2, July 25, 1996,
p 19170.
A statement alleging that a Member lacks ``decency.'' 110-1,
Mar. 21, 2007, p 7074.

Sec. 38 . -- Use of Colloquialisms; Sarcasm

The Members are allowed considerable latitude in the use of
colloquialisms, euphemisms, figures of speech, and even sarcastic
comments in debate. A statement in debate that ``you are going to skin
us'' was held merely a colloquialism that did not reflect on any
Member and was held in order. Deschler-Brown Ch 29 Sec. 61.10. In
another instance, a Member used the word ``crime'' in referring to
another Member, but the Chair ruled the term in order, finding that in
the context of the debate, the term was being used as a synonym for,
or figure of, speech meaning ``wrong.'' Deschler-Brown Ch 29
Sec. 59.2.
The use in debate of colloquial expressions, figures of speech, or
sarcasm is governed by their current meaning and by the context in
which they are uttered. 5 Hinds Sec. Sec. 5165, 5167. Unparliamentary
references in debate, even when phrased as satiric compliments, are
not in order. 112-1, July 22, 2011, p __. The tone and mannerisms of a
Member may be taken into account by the Chair in determining whether
the criticism voiced is personally offensive to another Member.
Deschler-Brown Ch 29 Sec. 60.21.

Ruled Out of Order

Following are examples in which remarks in debate were held
unparliamentary:

A reference to another Member ``whose name is synonomous [sic]
with falsehood . . . who is the apologist of thieves; who is
such a prodigy of vice and meannesses that to describe him
would sicken imagination and exhaust invective.'' 2 Hinds
Sec. 1251.
``[N]obody but a gambler or cutthroat would have thought of
tacking such a thing as that to such a bill as this.'' 2 Hinds
Sec. 1258.
``The devotion of the gentleman . . . to the truth is so
notorious that I shall not reply.'' 8 Cannon Sec. 2545.
A reference to another Member as a ``stool pigeon.'' Deschler-
Brown Ch 29 Sec. 61.12.

[[Page 420]]

References to a Member as having a ``hand like a ham,''
grasping a microphone until it ``groaned from mad torture,''
and striding the House floor ``like a wild man.'' Deschler-
Brown Ch 29 Sec. 61.1.
A reference to another Member's proceeding in a ``cheap,
sneaky, sly way.'' Deschler-Brown Ch 29 Sec. 61.2.

Sec. 39 . -- Impugning Motives

In the early practice of the House, the Speaker intervened in
debate to prevent even the mildest imputation on the motives of a
Member. 5 Hinds Sec. 5161. It is still the rule that Members may not
in debate impugn the personal motives of other named Members in the
performance of their legislative duties. Manual Sec. 363. An opinion
on the general motives of the House or a political party in adopting
or rejecting a proposition may be expressed. Sec. 36, supra.
References to political motivation for legislative actions may be in
order. Manual Sec. 363. However, an assertion that a Member's use of
the legislative process is motivated by personal gain (5 Hinds
Sec. 5149) or by ``the prospect of a junketing trip'' (8 Cannon
Sec. 2546) is not in order. Merely to question the sincerity of a
Member has been held to impugn the motives of such Member. 5 Hinds
Sec. 5148.
Members should refrain from references in debate to the
motivations of Members who file complaints before the Committee on
Ethics. Manual Sec. 361.

Ruled Out of Order

Charging another Member, in his capacity as custodian of
certain public money, with ``[m]aking a parade of his charity,
he has been gorging himself and speculating with this money.''
5 Hinds Sec. 5152.
Characterizing the motivation of a Member in offering an
amendment as deceptive and hypocritical. Manual Sec. 363.
An observation that a Member stood in the well before an empty
House and challenged the Americanism of other Members, ``and it
is the lowest thing that I have ever seen in my 32 years in
Congress.'' Deschler-Brown Ch 29 Sec. 59.9.
An observation that a Member was ``one of the most impolite I
have ever seen.'' Manual Sec. 361.
Characterizing another Member as ``speaking out of both sides
of his mouth.'' Deschler-Brown Ch 29 Sec. 51.36.
A reference to an identifiable group of sitting Members as the
perpetrators of a crime, such as ``stealing an election.''
Deschler-Brown Ch 29 Sec. 60.22.

[[Page 421]]

Sec. 40 . -- Charging Falsehood or Deception

During debate on the floor, an assertion by one Member may be
declared untrue by another. However, in so doing, an accusation of
intentional misrepresentation must not be implied. Manual Sec. 363; 5
Hinds Sec. Sec. 5157, 5159, 5189; 8 Cannon Sec. 2542. Any term or
language implying a deliberate misstatement of the truth, for whatever
motive, is unparliamentary, including allegations of lying, slander,
or hypocrisy. A Member's expression of disbelief may be construed as
meaning that the Member referred to was merely mistaken. Deschler-
Brown Ch 29 Sec. 63.3. In one instance, a Member's statement in
referring to another Member that ``That is not true, and he knows
it,'' was held in order, the Speaker observing that the words were not
uttered in an offensive tone. 5 Hinds Sec. 5158.
A Member may refer to falsehoods in the media without violating
the rules of the House, even if such remarks are made during debate
with another Member. Deschler-Brown Ch 29 Sec. 63.2.

Ruled In Order

Following are examples in which remarks in debate were held
parliamentary:

A Member's statement that he did ``not believe a word that
[another Member] said.'' Deschler-Brown Ch 29 Sec. 63.3.
A statement referring to another Member ``when he comes here
to defend some slime-monger who goes on the radio and lies
about me. . . .'' Deschler-Brown Ch 29 Sec. 63.2.
``Let us be sincere and honest about this thing.'' 78-2, Jan.
21, 1944, p 560.

Ruled Out of Order

Following are examples in which remarks in debate were held
unparliamentary:

A Member's declaration that the words of another Member were
``a base lie.'' 2 Hinds Sec. 1249.
The use of the words ``grossly false,'' as applied to
statements made by another Member in a pamphlet published by
him during a recess of Congress. 5 Hinds Sec. 5157.
``I cannot believe that the gentleman . . . is sincere in what
he has just said.'' Deschler-Brown Ch 29 Sec. 63.7.
A statement that the remarks of a Member were ``false and
slanderous.'' Deschler-Brown Ch 29 Sec. 63.4.
A statement in referring to another Member that ``pretexts are
never wanting when hypocrisy wishes to add malice to falsehood
or cowardice. . . .'' Deschler-Brown Ch 29 Sec. 63.6.

[[Page 422]]

``I cannot respect the actions or even the sincerity of some
of the committee members.'' Deschler-Brown Ch 29 Sec. 54.5.
Language read in the House that repudiated ``lies and half-
truths'' in a House committee report. Deschler-Brown Ch 29
Sec. 63.5.
Use of the word ``canard''--meaning falsehood--in referring to
the statement of another Member. Deschler-Brown Ch 29
Sec. 63.1.
Words accusing another Member of hypocrisy. Manual Sec. 363.

Sec. 41 . -- Lack of Intelligence or Knowledge

A Member in debate may be critical of the understanding or
knowledge of other Members or groups of Members in relation to pending
bills or amendments. However, such remarks should not denigrate the
intelligence of another Member because this would be personally
critical and offensive. Deschler-Brown Ch 29 Sec. 64.

Sec. 42 . -- References to Race, Creed, or Racial Prejudice

Gratuitous references in debate to the race or religion of another
Member are not in order. A reference to ``the Jewish gentleman from
New York,'' for example, has been ruled out by the Speaker. Deschler-
Brown Ch 29 Sec. 65.4.
It is not in order in debate to accuse a Member of bigotry or
racism. Remarks characterizing the motives behind certain legislation
as ``demagogic and racist'' have been ruled out of order, as has a
reference to another Member as having reached ``bigoted'' conclusions.
Deschler-Brown Ch 29 Sec. Sec. 65.5, 65.6.

Sec. 43 . -- Charges Relating to Loyalty or Patriotism

Unless the subject is relevant to disciplinary proceedings then
pending as the question before the House against a Member, remarks in
debate impugning the patriotism or loyalty of a Member are not in
order. Deschler-Brown Ch 29 Sec. 66. Words impeaching the loyalty of a
portion of the membership also have been ruled out. 5 Hinds Sec. 5139.
However, if such language is directed at the House or at its
membership in general, the remarks may not be improper. See Sec. 33,
supra.

[[Page 423]]

Ruled In Order

Following are examples in which remarks in debate were held
parliamentary:

A statement referring to all opponents of the Committee on Un-
American Activities as communist enemies. Deschler-Brown Ch 29
Sec. 66.2.
A statement that another Member had been published in a
newspaper ``dedicated to the destruction of this Government.''
Deschler-Brown Ch 29 Sec. 66.10.
A statement referring to (unnamed) Members who give ``aid and
comfort'' to enemies and traitors. Deschler-Brown Ch 29
Sec. 66.3.
A statement referring to ``people'' who would rip down the
American flag and replace it with the Soviet flag. Deschler-
Brown Ch 29 Sec. 66.5.
A statement characterizing the Committee of the Whole as an
agency of the Soviet Union. Deschler-Brown Ch 29 Sec. 66.11.
A statement accusing another Member of past opposition to
``every bill necessary for the defense of our country.''
Deschler-Brown Ch 29 Sec. 62.5.

Ruled Out of Order

Following are examples in which remarks in debate were held
unparliamentary:

A statement that insertions in the Congressional Record by
another Member were taken from ``Nazi elements.'' Deschler-
Brown Ch 29 Sec. 66.6.
A statement by a Member that internal fascist organizations
exercised extensive influence over a special House committee.
Deschler-Brown Ch 29 Sec. 66.7.
A statement, in response to critical comments by another
Member, that ``I am not going to sit here and listen to these
communistic attacks made on me.'' Deschler-Brown Ch 29
Sec. 66.1.
``There is nothing more subversive than the kind of red
baiting tactics [of] the gentleman from _____.'' Deschler-Brown
Ch 29 Sec. 66.8.
A statement referring to another Member as attempting to
undermine the government. Deschler-Brown Ch 29 Sec. 66.9.
A reference to the Committee on Un-American Activities as
``the Un-American Committee.'' Deschler-Brown Ch 29 Sec. 66.12.
A reference to certain Members as ``apostles of doom'' whose
utterances would give ``great aid and comfort'' to the Soviet
Union. Deschler-Brown Ch 29 Sec. 66.4.
A reference to another Member as ``kowtowing'' to persons who
would desecrate the flag. Manual Sec. 362.

[[Page 424]]

F. Duration of Debate in House

Sec. 44 . In General

Limitations on Time for Debate

Before 1841, there was no limit on the time that a Member might
occupy once in possession of the floor. 5 Hinds Sec. 5221. Under the
modern practice, the duration of debate in the House is invariably
limited. Such limitations are imposed pursuant to the standing rules
of the House, special orders of business from the Committee on Rules,
and unanimous-consent agreements adopted by the House. Certain types
of legislative propositions, such as concurrent resolutions on the
budget, are subject to statutory time limitations. Sec. 48, infra.
On major bills, a special order of business typically specifies
the length of time for general debate--usually a number of hours--and
identifies the Members who are to control that time. Sec. 48, infra.
Such time limits also may be imposed pursuant to a unanimous-consent
agreement. Deschler-Brown Ch 29 Sec. 67. If a bill or resolution comes
to the House floor without such a time limit, clause 2 of rule XVII
applies to limit the time for debate to one hour. Manual Sec. 957. A
Member calling up a measure in the House pursuant to a unanimous-
consent request or special order of business that does not specify
time for debate controls one hour of debate thereon. Deschler-Brown Ch
29 Sec. 68.
Other limitations on the duration of debate are found in those
standing rules of the House that authorize specific motions, such as
the motion to suspend the rules for which debate is limited to 40
minutes under clause 1(c) of rule XV. Manual Sec. 891. For a
discussion of 40-minute debate, see Sec. 46, infra.

Discretion of Chair as Affecting Time for Debate

On certain incidental questions of order, the duration of debate
is within the discretion of the Chair. This practice is followed with
respect to:

Debate on points of order. 5 Hinds Sec. Sec. 6919, 6920; 8
Cannon Sec. Sec. 3446-3448; Deschler-Brown Ch 29 Sec. 67.3.
Debate under the five-minute rule on an appeal in the
Committee of the Whole. 8 Cannon Sec. 2347.

Timekeeping

The Chair monitors the time of Members who take the floor in
debate. The Chair announces when their time has expired under the
rules, and that announcement is not subject to challenge. See, e.g.,
Deschler-Brown Ch 29

[[Page 425]]

Sec. 67.1. For a discussion of extensions of time, see Sec. 48, infra.
Traditionally, the time of the Speaker, the Majority Leader, and the
Minority Leader is not monitored if they have been yielded a nominal
amount of time (typically one minute) to allow such individuals the
courtesy of extended and unfettered debate. Manual Sec. 953.

Sec. 45 . The Hour Rule

Clause 2 of rule XVII limits to one hour the amount of time that a
Member may occupy in debate on a pending question, and no Member may
address the House for more than one hour, even by unanimous consent.
Manual Sec. 957; Deschler-Brown Ch 29 Sec. Sec. 68, 68.3; Sec. 48,
infra.
The practice under the hour rule often serves to limit the total
time for debate on the measure itself to one hour. This is because, at
the conclusion of the controlling Member's hour, ordering the previous
question cuts off further debate. Manual Sec. 994. If the Member
controlling the hour successfully moves the previous question, all
debate is terminated and the measure is voted on by the House.
If the House rejects the previous question, the measure is then
open to further debate. Recognition passes to an opponent of the
measure, who may offer an amendment and be recognized for one hour.
See Previous Question. A Member recognized under the hour rule may
yield the floor upon expiration of that hour without moving the
previous question, thereby permitting another Member to be recognized
for a successive hour. Manual Sec. 957.
The hour rule is one of general applicability; it is often
overtaken by an order of the House or a special order of business from
the Committee on Rules, and it is not applicable where another rule of
the House specifies otherwise. The hour rule applies to the following:

A resolution presenting a question of the privileges of the
House, subject to the division of time specified in rule IX.
Manual Sec. 698.
A resolution reported as a question of the privileges of the
House, such as a resolution presenting impeachment charges.
Manual Sec. 699.
A question of personal privilege. Manual Sec. 713.
A privileged resolution reported from committee, such as a
rule, joint rule, or order of business reported from the
Committee on Rules or a committee funding resolution reported
from the Committee on House Administration. Deschler-Brown Ch
29 Sec. Sec. 68.32, 68.37.
A resolution of inquiry. Deschler-Brown Ch 29 Sec. 68.33.
A District of Columbia bill on the House Calendar called up on
District Day under clause 4 of rule XV. Deschler-Brown Ch 29
Sec. 68.5.
A private bill called up in the House by unanimous consent.
Deschler-Brown Ch 29 Sec. 68.9.

[[Page 426]]

A measure not requiring consideration in the Committee of the
Whole before the House pursuant to a motion to discharge.
Deschler-Brown Ch 29 Sec. 68.34.
A motion to refer, or the direct consideration of, a vetoed
bill. Deschler-Brown Ch 29 Sec. Sec. 68.55, 68.56.
A motion to reconsider (if debatable). Manual Sec. 1010.
A motion to discharge a committee from further consideration
of a resolution disapproving a reorganization plan. Deschler-
Brown Ch 29 Sec. 68.64.
A motion to expunge from the Congressional Record certain
remarks used in debate and ruled out of order. Deschler-Brown
Ch 29 Sec. 68.61.
A motion to send a bill to conference under clause 1 of rule
XXII. Deschler-Brown Ch 29 Sec. 68.26.
A motion to instruct House managers at a conference, subject
to the division of time specified in clause 7(b) of rule XXII.
Manual Sec. 1078.
A conference report or a motion to dispose of a Senate
amendment reported in disagreement by a conference committee,
subject to the division of time specified in clause 8(d) of
rule XXII. Manual Sec. 1086.
A preferential motion to insist on disagreement to a Senate
amendment reported in disagreement by a conference committee,
subject to the division of time specified in clause 8(b)(3) of
rule XXII. Deschler-Brown Ch 29 Sec. 68.12.
A Senate amendment considered in the House. Deschler-Brown Ch
29 Sec. 68.12.

The hour rule applies even before the adoption of the rules at the
inception of a Congress. Manual Sec. 60. Thus, a Member offering a
resolution on the seating of a Member-elect is entitled to one hour of
debate. Deschler-Brown Ch 29 Sec. 68.1

Sec. 46 . Ten-minute, 20-minute, and 40-minute Debate

The House rules specify fixed periods of time for debate, equally
divided between the proponents and opponents, on certain motions and
questions.

Ten-minute Debate

The House rules permit the proponent and an opponent each five
minutes of time for debate on an amendment offered after closing of
general debate in the Committee of the Whole, subject to additional
pro forma or second-degree amendments. Similarly, 10 minutes for
debate is permitted on an amendment offered after the closing of five-
minute debate by the Committee under clause 8 of rule XVIII if printed
as required in the Congressional Record and if not dilatory. Manual
Sec. Sec. 978, 981, 987.

[[Page 427]]

In addition, the House rules permit five minutes in support and
five minutes in opposition to the following motions:

A motion to recommit with instructions a bill or joint
resolution under clause 2 of rule XIX, with the time subject to
extension under some circumstances. Manual Sec. 1001.
A motion to dispense with the call of the Private Calendar
under clause 5(c) of rule XV. Manual Sec. 895.

Twenty-minute Debate

The House rules permit 20 minutes of time for debate on motions to
discharge a committee, the time to be equally divided under clause 2
of rule XV. Manual Sec. 892. The right to close such debate is
reserved to the proponents of the motion. 7 Cannon Sec. 1010a. The
chair of the committee being discharged, if opposed to the motion, is
recognized to control the 10 minutes in opposition. Deschler-Brown Ch
29 Sec. 69.3. If the motion to discharge is successful, and the
measure is properly before the House rather than the Committee of the
Whole, the Member moving its consideration is recognized in the House
under the hour rule. Manual Sec. 892.
Twenty minutes of debate also is permitted where a point of order
is raised against an unfunded Federal intergovernmental mandate under
section 425 of the Congressional Budget Act. Manual Sec. 1127. Points
of order under the Act are disposed of by putting the question of
consideration, debatable for 20 minutes--10 by the Member making the
point of order, 10 by a Member in opposition. Sec. 426(b)(4) of the
Congressional Budget Act. Similarly, clause 9 of rule XXI establishes
a point of order against consideration of certain measures for failure
to disclose (or disclaim the presence of) certain earmarks, tax
benefits, and tariff benefits, and permits a vote on the question of
consideration of a rule waiving such a point of order. Such question
of consideration is debatable for 20 minutes--10 by the Member making
the point of order, 10 by a Member in opposition. See Budget Process.

Forty-minute Debate

The House rules permit 40 minutes of time for debate, to be
divided between proponents and opponents, on the following:

A motion to suspend the rules under clause 1 of rule XV.
Manual Sec. 891.
A debatable proposition on which there has been no debate
before the ordering of the previous question under clause 1 of
rule XIX. Manual Sec. 994; 5 Hinds Sec. 6821.
A motion to reject certain portions of a conference report or
Senate amendment objected to as nongermane under clause 10 of
rule XXII. Manual Sec. 1089.

[[Page 428]]

Other chapters in this work dealing with specific motions and
questions should be consulted. See, e.g., Previous Question;
Conferences Between the Houses; and Suspension of Rules.

Sec. 47 . Debate in the House as in the Committee of the Whole

Debate on a bill being considered in the House as in the Committee
of the Whole is under the five-minute rule, with no general debate.
Manual Sec. Sec. 424-427. Five minutes in favor of and five in
opposition to an amendment are permitted. Deschler-Brown Ch 29
Sec. 70.7. Members also may gain five minutes of debate by offering
pro forma amendments and motions to strike the enacting clause.
Deschler-Brown Ch 29 Sec. Sec. 70.11, 70.12.
Normally, five-minute debate on a bill considered in the House as
in the Committee of the Whole may be extended by unanimous consent.
Deschler-Brown Ch 29 Sec. 70.6. However, the Chair does not recognize
for such extensions of time during consideration of a private bill in
the House as in the Committee of the Whole. Deschler-Brown Ch 29
Sec. 70.10.

Sec. 48 . Limiting or Extending Time for Debate

Generally

The House may by unanimous consent or by special order of business
limit or extend the time for debate on propositions considered in the
House. Deschler-Brown Ch 29 Sec. 71. However, a motion to extend the
time for debate in the House is not in order. Deschler-Brown Ch 29
Sec. 73.17.

By Special Order of Business

A special order of business from the Committee on Rules may extend
the time for debate that may be devoted to a proposition to be
considered in the House. Deschler-Brown Ch 29 Sec. 71.1. It may
specify, for example, that debate shall not exceed a certain number of
hours. Deschler-Brown Ch 29 Sec. 25.17. Similarly, though conference
reports are ordinarily considered under the hour rule, a special order
of business may provide for more extended debate. Deschler-Brown Ch 29
Sec. 71.18.

By Unanimous Consent

Time for debate in the House under the hour rule may be modified
by unanimous consent. Deschler-Brown Ch 29 Sec. 71. For example, by
unanimous consent, debate has been extended on a resolution presenting
articles of impeachment (Deschler-Brown Ch 29 Sec. 71.13) and on a
disciplinary resolution (Deschler-Brown Ch 29 Sec. 71.6; 107-2, July
24, 2002, p 14310).

[[Page 429]]

Debate on a privileged resolution in the House is ordinarily under
the hour rule, but such debate may be extended beyond one hour by
unanimous consent or by rejecting the motion for the previous
question. Deschler-Brown Ch 29 Sec. Sec. 68.41, 68.42; Sec. 49, infra.
Thus, the House may agree to a unanimous-consent request to extend the
time for debate in the House on a special order of business reported
from the Committee on Rules. Deschler-Brown Ch 29 Sec. 71.4.
Unanimous-consent agreements extending time may further provide
for a division of time between various Members. However, a Member may
not extend a special-order speech (or debate on a question of personal
privilege) for more than one hour, even by unanimous consent. Manual
Sec. 957; Deschler Ch 11 Sec. 22.1; Deschler-Brown Ch 29 Sec. 71.20.

Effect of Statutory Time Limitations

Time for debate on certain kinds of legislative propositions is
limited by statute. Manual Sec. 1130. Examples include:

Congressional Budget Act of 1974 (limits debate on concurrent
resolutions on the budget to 10 hours; specifies up to four
hours for debate on economic goals and policies; amendments
considered under five-minute rule). Sec. 305(a); 2 USC
Sec. 636.
Impoundment Control Act of 1974 (limits debate on rescission
bill or impoundment resolution to not more than two hours).
Sec. 1017(c); 2 USC Sec. 688.
Trade Act of 1974 (limits debate on implementing bills and
certain resolutions to 20 hours). 19 USC Sec. 2191.
Pension Reform Act (limits debate on joint resolutions
approving certain schedules to not more than 10 hours).
Sec. 4006(b)(6); 29 USC Sec. 1306(b).
Marine Fisheries Conservation Act (limits debate on fishery
agreement resolutions to not more than 10 hours).
Sec. 203(d)(4); 16 USC Sec. 1823(d).
Nuclear Waste Policy Act of 1982 (limits debate on certain
resolutions of approval to not more than two hours).
Sec. 115(e)(4); 42 USC Sec. 10135(e).

Such statutory provisions (compiled in Manual Sec. 1130) are
enacted as an exercise of the rulemaking power of both Houses, with
full recognition of the ability of either House to change them at any
time. In one instance, the Committee of the Whole was considering a
resolution disapproving a reorganization plan pursuant to the
Reorganization Act of 1949, which limited time for debate to 10 hours.
The House agreed by unanimous consent to limit debate in the Committee
to five hours and subsequently consented to limit further debate to 30
minutes. Deschler-Brown Ch 29 Sec. 71.7.

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Sec. 49 . Terminating Debate

The usual motion for closing debate in the House (as distinguished
from the Committee of the Whole) is the motion for the previous
question under rule XIX. Manual Sec. 994; 5 Hinds Sec. 5456; 8 Cannon
Sec. 2662. This motion also is used to close debate in the House as in
the Committee of the Whole. Deschler-Brown Ch 29 Sec. 72.7. The Member
controlling debate on a proposition in the House may move the previous
question and (if ordered by the House) thereby terminate further
debate. Deschler-Brown Ch 29 Sec. 72.2. However, the House may by
unanimous consent vacate the ordering of the previous question in
order to extend debate. Deschler-Brown Ch 29 Sec. 72.4. If the
previous question is ordered on a debatable proposition, and that
proposition has not in fact been debated, then, under clause 1 of rule
XIX, 40 minutes of debate is permitted. Manual Sec. 994; 5 Hinds
Sec. 6821; 8 Cannon Sec. 2689.
Other methods of terminating or precluding debate in the House
include the use of the motion to lay on the table and the raising of
the question of consideration. For a discussion of such methods, see
Previous Question, Lay on the Table, and Question of Consideration.

Sec. 50 . One-minute and Special-order Speeches; Morning-hour Debates

Generally

The ability of Members to address matters not on the daily
legislative agenda is facilitated by allowing ``one-minute speeches''
and ``special-order speeches.'' Neither procedure is specifically
provided for in the standing rules. Their use is permitted by a long-
standing custom and is based on the Speaker's discretionary power of
recognition under clause 2 of rule XVII. Manual Sec. 950.

One-minute Speeches

The practice of limiting recognition before legislative business
to one minute began on August 2, 1937, and was reiterated by Speaker
Rayburn on March 6, 1945. 75-1, Aug. 2, 1937, p 8004; Deschler Ch 21
Sec. 6.1. One-minute speeches are normally entertained at the
beginning of the legislative day, although the Speaker has discretion
to recognize Members to proceed for one minute after legislative
business has been completed or at some other time or place in the
legislative day (for example, to follow a scheduled recess). Deschler-
Brown Ch 29 Sec. 73.6. Indeed, when the House has a heavy legislative
schedule, the Speaker may refuse all requests to recognize Members for
one-minute speeches. Deschler-Brown Ch 29 Sec. 73.5. More com

[[Page 431]]

monly, the Speaker limits one-minute speeches to a certain number for
each side of the aisle, entertaining any remaining requests at the end
of legislative business before special-order speeches.
Where a guest chaplain leads the House in prayer at the beginning
of the legislative day, it is typical for the Member representing the
guest chaplain's district to give the first one-minute speech of the
day in order to introduce the guest chaplain to the House. See, e.g.,
110-2, July 24, 2008, p 16367.
The evaluation of the time consumed on a one-minute speech is a
matter for the Chair and is not subject to challenge on a point of
order. Deschler-Brown Ch 29 Sec. 73.3. The Chair has refused to put to
the House unanimous-consent requests for extensions of that time.
Deschler-Brown Ch 29 Sec. 73.10. Moreover, under the Speaker's power
of recognition as traditionally exercised before legislative business,
a Member can be recognized for a one-minute speech only once, and a
second unanimous-consent request on that day will not be entertained.
Manual Sec. 950.
The order of recognition for one-minute speeches before
legislative business is within the discretion of the Chair and is not
subject to challenge on a point of order. Deschler-Brown Ch 29
Sec. 10.55. However, the Chair endeavors to recognize majority and
then minority Members by allocating time in a nonpartisan manner.
Deschler-Brown Ch 29 Sec. 10.50. In 1984, the Speaker instituted the
policy of requiring alternate recognition of majority and minority
Members in the order in which they seek recognition. Manual Sec. 950.

Morning-hour Debate

Morning-hour debate was first initiated in the second session of
the 103d Congress. The House by unanimous consent agreed that on
Mondays and Tuesdays the House would convene 90 minutes earlier than
the time otherwise established by order of the House, solely for the
purpose of conducting morning-hour debate, to be followed by a recess
declared by the Speaker. In the 104th Congress, the House extended and
modified that order to accommodate earlier convening times after May
14 of each year. In the 112th Congress, the House expanded that order
to include morning-hour debate on Wednesdays and Thursdays as well.
Debate is limited and allocated to each party, with initial and
subsequent recognition alternating daily between parties pursuant to
lists submitted by the leadership. Under the customary order of the
House establishing morning-hour debate, a Member may not be recognized
for more than five minutes (with certain leadership exceptions). The
Chair does not entertain a unanimous-consent request to extend this
five-minute period. Manual Sec. 951. When the House convenes solely
for

[[Page 432]]

morning-hour debate, the Chair does not entertain unanimous-consent
requests to remove cosponsors from bills. 103-2, Apr. 26, 1994, p
8544. The Chair may receive messages during morning-hour debate (103-
2, May 10, 1994, p 9697) and, beginning in the 112th Congress,
privileged reports may also be filed (112-1, Jan. 5, 2011, p __).

Special-order Speeches

The Chair normally recognizes Members for special orders to
address the House at the conclusion of business of the day. The
Speaker may reserve the right to return to business. Deschler-Brown Ch
29 Sec. 10.69. Under clause 2 of rule XVII, no Member may be
recognized beyond one hour, even by unanimous consent. Manual
Sec. 957. Furthermore, a Member may not be recognized for two special-
order speeches on the same legislative day, even though special orders
have been interrupted by legislative business. Deschler-Brown Ch 29
Sec. 73.15.
The Speaker has announced the following policies for recognition
of special-order speeches:

Recognition alternates between majority and minority Members.
Recognition shall be only pursuant to lists submitted by the
leadership.
Recognition does not extend beyond ten o'clock in the evening.
Recognition for special-order speeches is limited to four
hours equally divided between the majority and minority.
The first hour for each party is reserved to its respective
Leader or designees. The second hour is divided into 30-minute
periods.
The first recognition within a category alternates between the
parties from day to day.
The respective Leaders may establish additional guidelines for
entering requests.

Manual Sec. 950.

The Chair will recognize for subdivisions of the first hour
reserved for special orders only on designations (and reallocations)
by the leadership concerned. A Member who is recognized to control
time during special orders may yield to colleagues for such amounts of
time as the Member may deem appropriate but may not yield blocks of
time to be enforced by the Chair. Members regulate the duration of
their yielding by reclaiming the time when appropriate. Manual
Sec. 950.
At the beginning of the 112th Congress, the Speaker's announcement
regarding recognition for special-order speeches affirmed that the
Speaker retains the ability to withdraw such recognition should
circumstances (such as disorderly conduct) so warrant. 112-1, Jan. 5,
2011, p __.

[[Page 433]]

G. Duration of Debate in the Committee of the Whole

Sec. 51 . In General; Effect of Special Orders of Business

At one time, there was no limit on the time that a Member might
occupy in debate in the Committee of the Whole when once in possession
of the floor. A Member might speak an unlimited time, whether in
general debate or on an amendment. 5 Hinds Sec. 5221. Today time
limitations on general debate are imposed on measures by unanimous
consent or special order of business. Deschler-Brown Ch 29 Sec. 74. In
the unlikely event a measure is considered in the Committee of the
Whole without fixing the time for general debate, each Member may be
recognized for one hour. Sec. 52, infra.
The chair of the Committee of the Whole monitors the time used by
each Member for debate and announces the expiration thereof.

Sec. 52 . General Debate

The duration and allocation of time for general debate in the
Committee of the Whole is controlled by the House; and the Committee
may not, even by unanimous consent, extend the time for general debate
fixed by the House. Manual Sec. 993; Deschler-Brown Ch 29 Sec. 75.7.
The House establishes such time for general debate through a
unanimous-consent agreement or the adoption of a special order of
business from the Committee on Rules. Deschler-Brown Ch 29 Sec. 74.
If the House does not limit the time for general debate in the
Committee of the Whole, such debate is under the hour rule. Deschler-
Brown Ch 29 Sec. 75.1. A Member having control of such time may not
consume more than one hour. Deschler-Brown Ch 29 Sec. 75.5.
Normally, the House order limiting time for general debate in the
Committee of the Whole also will divide the control of the time
between certain Members, such as the chair of the reporting committee
and its ranking minority member. Although under the special order of
business a Member may have control of more than one hour of general
debate on a bill in the Committee, Members may not, under the general
rules of the House, yield themselves more than one hour for debate.
Deschler-Brown Ch 29 Sec. 74.4. It also is not in order for a Member
to whom time has been yielded to ask unanimous consent for additional
time, for time is controlled by those to whom it is allotted by the
House and is not subject to extension by the Committee. Deschler-Brown
Ch 29 Sec. 75.8.
The Committee of the Whole may not, even by unanimous consent,
change the control of general debate to Members other than those
specified by the House. However, unanimous consent has been permitted
in the Com

[[Page 434]]

mittee to permit one of two committees controlling time under a
special order of business to yield control of its time to the other.
Manual Sec. 993.

Effect of Absence of Members in Control

Where no member of the reporting committee is present at the
appropriate time during general debate in the Committee of the Whole,
the Chair may presume the time to have been yielded back. Manual
Sec. 978.

Sec. 53 . Limiting General Debate

By Unanimous Consent in the House

Pending a motion to resolve into the Committee of the Whole, the
House may by unanimous consent limit general debate to a time certain.
Deschler-Brown Ch 29 Sec. 76.8. If objection is raised to such
unanimous-consent request, the Speaker puts the question on the
initial motion to go into the Committee. Deschler-Brown Ch 29
Sec. 3.5.

By Motion in the House

After unlimited general debate has begun in the Committee of the
Whole and the Committee rises, a motion in the House to close or limit
further general debate is in order. Manual Sec. 979; 5 Hinds
Sec. Sec. 5204-5206. The motion is not in order until after debate in
the Committee has begun and is made in the House pending the motion
that the House resolve itself into Committee for further consideration
of the bill, and not after the House has voted to go into Committee. 5
Hinds Sec. Sec. 5204, 5208. The motion may not apply to a series of
bills, and the motion must apply to the whole and not to a part of a
bill. 5 Hinds Sec. Sec. 5207, 5209. The motion may not be made in the
Committee. 5 Hinds Sec. 5217; 8 Cannon Sec. 2548.

By Unanimous Consent in the Committee

Although the motion to close general debate is not in order in the
Committee of the Whole, the Committee may, in the absence of an order
of the House, close debate by unanimous consent. 8 Cannon
Sec. Sec. 2553, 2554.
Although a bill is being considered in the Committee of the Whole
under a special order of business specifying the time for general
debate, the managers of the bill need not use all of the prescribed
time. The Members in control of the time are permitted to yield it
back and thereby shorten general debate. Deschler-Brown Ch 29
Sec. 76.1.

[[Page 435]]

Sec. 54 . Five-minute Debate

Generally

When general debate is closed in the Committee of the Whole,
debate on amendments proceeds under the five-minute rule. Clause 5 of
rule XVIII, which provides:

When general debate is concluded or closed by order of the House,
the measure under consideration shall be read for amendment. A
Member, Delegate, or Resident Commissioner who offers an amendment
shall be allowed five minutes to explain it, after which the Member,
Delegate, or Resident Commissioner who shall first obtain the floor
shall be allowed five minutes to speak in opposition to it. There
shall be no further debate thereon, but the same privilege of debate
shall be allowed in favor of and against any amendment that may be
offered to an amendment.

Under this rule the proponent of an amendment is entitled to five
minutes of debate in favor of the amendment before a perfecting
amendment may be offered thereto. Deschler-Brown Ch 29 Sec. 30.20. If,
after a speech in favor of an amendment, no one claims the floor in
opposition, the Chair may recognize another Member favoring the
amendment. 8 Cannon Sec. 2557.

Speaking More Than Once

Generally, a Member may speak only once for five minutes on a
pending amendment, although a point of order under this rule comes too
late after that Member has been recognized and has begun to speak. 92-
1, June 9, 1971, p 18988. Even when the Committee of the Whole resumes
consideration of an amendment that has been debated by its proponent
on a prior day, the proponent may speak again for five minutes on such
amendment only by unanimous consent. Manual Sec. 981. A Member
recognized for five minutes on an amendment may not extend the time by
offering another amendment. 8 Cannon Sec. Sec. 2560, 2562. However, a
Member who has offered an amendment and spoken thereon is not
precluded from seeking recognition to speak to a proposed amendment to
that amendment. Deschler-Brown Ch 29 Sec. 21.16. Where there is
pending an amendment and a substitute therefor, the Member offering
the substitute may debate it for five minutes and subsequently be
recognized to speak for or against the original amendment. Moreover,
if debate on the pending amendment is limited, the five-minute rule is
abrogated and Members who have already spoken on an amendment may be
recognized again under the limitation. Deschler-Brown Ch 29 Sec. 22.9.

Precluding Amendments; Effect of Special Orders of Business

The House, and not the Committee of the Whole, controls the extent
to which the offering of amendments may be precluded under the five-

[[Page 436]]

minute rule. The Committee cannot, even by unanimous consent, prohibit
the offering of amendments otherwise in order under the rule. Manual
Sec. 993.
A special order of business or other order of the House providing
for the consideration of a bill may preclude the offering of
amendments under the five-minute rule. For example, if a special order
of business permits only designated amendments and prohibits
amendments to amendments, then only two five-minute speeches are in
order on each designated amendment, one speech in support and one in
opposition. Deschler-Brown Ch 29 Sec. 77.19. A Member may obtain
additional time for debate only by unanimous consent. Because only the
two five-minute speeches are in order, pro forma amendments are not
permitted, and a third Member may be recognized only by unanimous
consent. Manual Sec. 993. A third Member is not entitled to
recognition, notwithstanding the fact that the second Member,
recognized in opposition, actually spoke in favor of the amendment.
Deschler-Brown Ch 29 Sec. 21.23.

Yielding Time

A Member recognized under the five-minute rule may not reserve
time or yield a specific amount of time to another Member. Manual
Sec. 980; 5 Hinds Sec. Sec. 5035-5037. Members so recognized may yield
a portion of their time while remaining on their feet, but may not
yield to another to offer an amendment. Deschler-Brown Ch 29
Sec. 21.5. If a Member yields back or sits down before expiration of
the five minutes, another may not be recognized for the remainder of
that time. 8 Cannon Sec. 2571.
A Member may yield during debate under the five-minute rule while
remaining standing to permit another Member to pose questions, to make
a comment, or to make a unanimous-consent request. However, the time
consumed thereby comes out of that of the Member holding the floor.
Deschler-Brown Ch 29 Sec. 29.6. Time consumed in yielding for a
parliamentary inquiry also is charged against the five minutes.
Deschler-Brown Ch 31 Sec. 15.6.

Extending Time

A motion to require a certain amount of debate under the five-
minute rule is not in order in the Committee of the Whole. Deschler-
Brown Ch 29 Sec. 78.101. A Member recognized under the five-minute
rule may extend the time for debate (by not more than five minutes)
only by unanimous consent, and a motion to that effect is not in
order. Deschler-Brown Ch 29 Sec. 21.13; Sec. 57, infra.
Where debate on an amendment is limited and allocated to a
proponent and an opponent, the Members controlling the debate may
yield and reserve

[[Page 437]]

time, whereas time for debate on amendments cannot be reserved under
the five-minute rule. Manual Sec. 980.

Pro Forma Amendments

The pro forma amendment--to ``strike the last word''--is used
under the five-minute rule only for purposes of debate or explanation,
the proponent having no intent to offer a substantive amendment. A
Member who has been recognized for five minutes on a pro forma
amendment cannot thereafter extend the time by offering a second pro
forma amendment. Deschler-Brown Ch 29 Sec. 77.8. Members who have
consumed five minutes in support of an amendment that they have
offered cannot obtain additional time by offering a pro forma
amendment to their own amendment. However, they may extend their time
or speak again on the amendment by unanimous consent. Deschler-Brown
Ch 29 Sec. 77.9. A Member who has occupied the five minutes in
opposition to an amendment may subsequently offer a pro forma
amendment to the amendment. 84-1, June 30, 1955, p 9614. A pro forma
amendment may be offered after a substitute has been adopted and
before the vote on the amendment, as amended, by unanimous consent
only, because the amendment has been amended in its entirety and no
further amendments, including pro forma amendments, are in order. A
Member recognized on a pro forma amendment may not allocate or reserve
time, but may, in yielding, indicate to the Chair an intention to
reclaim time after a certain point. The Chair endeavors to alternate
recognition to offer pro forma amendments between majority and
minority Members (giving priority to committee members) rather than
between sides of the question. Manual Sec. 981.

Motions to Strike the Enacting Clause

The preferential motion to rise and report back to the House with
the recommendation that the enacting clause be stricken is sometimes
used to gain an additional five minutes for debate in the Committee of
the Whole. Clause 9 of rule XVIII; Manual Sec. Sec. 988, 989. Debate
on the preferential motion is limited to two five-minute speeches, and
the Chair declines to recognize for requests for extensions of that
time. Deschler Ch 19 Sec. 13.2. Only two five-minute speeches are
permitted, notwithstanding the fact that the second Member, recognized
in opposition to the motion, spoke in favor thereof. Deschler Ch 19
Sec. 13.3. Time for debate may not be reserved. Manual Sec. 989.
Debate may go to the merits of the underlying bill. 5 Hinds Sec. 5336.
Members of the committee managing the bill have priority in
recognition for debate in opposition to the motion. Deschler-Brown Ch
29 Sec. 23.43.

[[Page 438]]

However, the Chair will not announce in advance who will be
recognized in opposition. Manual Sec. 989.
If the House acts to strike the enacting clause as recommended by
the Committee of the Whole, the bill is considered rejected. Manual
Sec. 989; 5 Hinds Sec. 5326. For a general discussion of this motion,
see Committees of the Whole.

Sec. 55 . -- Limiting or Extending Five-minute Debate-- By House
Action

By Unanimous Consent

The House, by unanimous consent, may agree to limit or extend
debate under the five-minute rule in the Committee of the Whole,
whether or not that debate has commenced. The House may by unanimous
consent agree to an extension of time for such debate even after the
Committee has previously agreed to terminate debate at an earlier
time. Deschler-Brown Ch 29 Sec. 78.41.

By Motion

A timely motion to limit debate on a matter pending in the
Committee of the Whole under the five-minute rule has been held to lie
in the House as well as in the Committee once that debate has begun.
In an early decision Speaker Crisp held that the Committee did not
have the exclusive right to limit debate on matters pending before it,
and that a motion to limit debate on a section of a bill pending in
Committee would lie in the House. 5 Hinds Sec. 5229. However, in
modern practice the motion is made in the Committee under clause 8 of
rule XVIII. Sec. 56, infra.

Sec. 56 . -- By Motion in the Committee of the Whole

Generally; When in Order

A motion in the Committee of the Whole to limit or close five-
minute debate is permitted by clause 8 of rule XVIII. Manual Sec. 987.
The motion may propose to close debate at once or at the expiration of
a designated time. 8 Cannon Sec. 2572. As noted above, a motion to
extend debate is not in order in the Committee. Sec. 54, supra.
Until a bill has been read for amendment in full or its reading
dispensed with by unanimous consent or special order of business, a
motion to close or limit debate on the entire bill is not in order.
Deschler-Brown Ch 29 Sec. 78.27. Likewise, a motion to close debate on
a portion of a bill not yet reached in the reading of the bill for
amendment is not in order. Deschler-Brown Ch 29 Sec. 78.29. A motion
to close debate on a portion of a bill that

[[Page 439]]

has been read and on which there has been debate is in order.
Deschler-Brown Ch 29 Sec. 78.34. For a discussion of unanimous-consent
requests to close or limit debate, see Sec. 57, infra.
A motion to limit or close debate under the five-minute rule is
not in order until debate has begun. 5 Hinds Sec. 5225. Thus, a motion
to close debate on a section of a bill or on an amendment is not in
order until there has been some debate thereon. Deschler-Brown Ch 29
Sec. 78.22. However, the motion to close debate has been held in order
after only one speech, even though brief (5 Hinds Sec. 5226), and
although the Member making the speech, after gaining recognition to
strike the last word, obtained consent to speak out of order
(Deschler-Brown Ch 29 Sec. 78.25).
Under clause 8 of rule XVIII, a motion in the Committee of the
Whole to close debate under the five-minute rule is privileged.
However, the motion cannot deprive another Member of the floor.
Deschler-Brown Ch 29 Sec. 78.14. Once pending, the motion must be
disposed of before further recognition by the Chair. Deschler-Brown Ch
29 Sec. 22.1.
Although it is customary for the Chair to recognize the manager of
the pending bill to offer motions to limit debate, any Member may,
pursuant to clause 8 of rule XVIII, move to limit debate at an
appropriate time in the Committee of the Whole. Deschler-Brown Ch 29
Sec. 23.28. However, the Member managing the bill is entitled to prior
recognition to move to close debate on a pending amendment (after the
proponent has yielded back) over other Members seeking to debate or
amend the amendment. Deschler-Brown Ch 29 Sec. 24.16.
It is in order in the Committee of the Whole to move to limit or
close debate under the five-minute rule with respect to:

The portion of the text that is pending and all amendments
thereto. Deschler-Brown Ch 29 Sec. 78.7.
An amendment and all amendments thereto. Deschler-Brown Ch 29
Sec. 78.65.
All amendments to the bill (after the bill has been read) and
all amendments thereto. Deschler-Brown Ch 29 Sec. 78.30.

A proposition to control or divide the time is not in order as a
part of a motion to limit debate under the five-minute rule. 8 Cannon
Sec. 2570.
Where there is a time limitation on debate on a pending amendment
in the nature of a substitute and all amendments thereto, but not on
the underlying original text, debate on perfecting amendments to the
original text proceeds under the five-minute rule, absent another time
limitation. Where the time for debate on a pending amendment in the
form of a motion to strike (and all amendments thereto) has been
limited, a subsequently offered perfecting amendment considered as
preferential to (rather than as an amend

[[Page 440]]

ment to) the motion to strike remains separately debatable outside the
limitation. Manual Sec. 987.
A limitation on debate on a section of a bill and amendments
thereto does not affect debate on an amendment adding a new section to
the bill. Deschler-Brown Ch 29 Sec. 79.31. The Chair may decline to
recognize a Member to offer such an amendment until perfecting
amendments to the pending section have been disposed of under the
limitation. Deschler-Brown Ch 29 Sec. 79.137.

Consideration of Motion; Debate and Amendments

A motion to limit debate under the five-minute rule must be
reduced to writing if demanded by any Member. Deschler-Brown Ch 29
Sec. 78.52. The motion is not debatable (Manual Sec. 987), although it
is subject to amendment (5 Hinds Sec. 5227; 8 Cannon Sec. 2578).
The motion in the Committee of the Whole to limit debate is not
subject to a motion to reconsider because the motion to reconsider
does not lie in the Committee. Deschler-Brown Ch 29 Sec. 78.79.
However, the Committee may by unanimous consent rescind or modify such
an agreement. Deschler-Brown Ch 29 Sec. 78.84.

Sec. 57 . -- By Unanimous Consent in the Committee of the Whole

Generally

Debate under the five-minute rule in the Committee of the Whole
may be closed or limited by the Committee by unanimous consent, even
on portions of the bill not yet read. Deschler-Brown Ch 29 Sec. 78.29.
However, such request should include the condition that the portion of
the bill sought to be limited be considered as read and open to
amendment at any point. Deschler-Brown Ch 29 Sec. 78.93. Similarly,
the Committee may limit and allocate control of time for debate on
amendments not yet offered by unanimous consent. Manual Sec. 987.
In limiting debate by unanimous consent under the five-minute
rule, the Committee of the Whole may include provisions to control and
allocate the time. Deschler-Brown Ch 29 Sec. 78.37. For example, the
Committee may, by unanimous consent, limit debate to a certain number
of hours, or to a time certain, to be equally divided and controlled
by the managers of the bill. Deschler-Brown Ch 29 Sec. 78.62.

Rescission or Modification of Limitation

A time limitation on debate imposed by the Committee of the Whole
may be rescinded or modified by the Committee by unanimous consent
(but not by motion). Deschler-Brown Ch 29 Sec. Sec. 78.42, 78.43. The
Committee

[[Page 441]]

may by unanimous consent permit additional debate on an amendment
before it is offered, notwithstanding a previous limitation imposed by
the Committee on all amendments to the bill. Deschler-Brown Ch 29
Sec. 79.63. The Committee can effect minor changes in procedures set
by a special order of the House only by unanimous consent and only
where congruent with the terms of the special order of business.
Manual Sec. 993.

Sec. 58 . Motions Allocating or Reserving Time

A motion to limit debate under the five-minute rule in the
Committee of the Whole is not in order if it includes a reservation of
time for any special purpose, including a reservation of time for a
particular Member. Deschler-Brown Ch 29 Sec. Sec. 78.37, 78.61, 78.67,
78.72. However, the Committee may limit debate and include a
reservation of time by unanimous consent. For example, part of the
time under a limitation may be reserved for the reporting committee by
unanimous consent. Deschler-Brown Ch 29 Sec. 78.69.

Sec. 59 . Timekeeping; Charging Time

Generally

A limitation on debate under the five-minute rule may take the
form of a restriction on time for debate (for example, ``for 60
minutes'') or as a limitation on debate to a time certain (for
example, ``until 5 p.m.''). The form of the limitation is particularly
significant in determining how the time is to be accounted for under
the limitation.
When time for debate on a proposition is limited to a fixed
period, such as 60 minutes, the time consumed for purposes other than
debate is not counted or charged against the allowable time for debate
(such as votes, quorum calls, maintaining order, points of order,
reading amendments, or offering and debating preferential motions to
strike the enacting clause). Manual Sec. 987; Deschler-Brown Ch 29
Sec. Sec. 79.10, 79.13. However, if time is limited to a fixed period
on the entire bill and all amendments thereto, the time for the
preferential motion does consume time under the limitation. Deschler-
Brown Ch 29 Sec. 79.17.
On the other hand, where the time for debate has been fixed to a
time certain, such as 5 p.m., the time consumed by matters other than
debate (such as parliamentary inquiries, points of order, rereading of
amendments, maintaining order, votes, quorum calls, or offering and
debating preferential motions to strike the enacting clause) is
charged against the time remaining. Deschler-Brown Ch 29
Sec. Sec. 79.5, 79.9. Such a limitation terminates all debate at the
time specified, notwithstanding any allotted time remaining. Deschler-

[[Page 442]]

Brown Ch 29 Sec. 79.8. In such cases, no point of order lies against
the inability of the Chair to recognize each Member desiring
recognition. Deschler-Brown Ch 29 Sec. 22.31. The time specified can
be rescinded or modified only by unanimous consent. Manual Sec. 987. A
unanimous consent-request or motion to close debate at a time certain
should specify that the debate cease at a certain time, and not that
the Committee of the Whole vote at a certain time, because the Chair
cannot control time consumed by quorum calls or votes on other
intervening motions. Deschler-Brown Ch 29 Sec. 78.75. If the Committee
rises before the expiration of such a limitation, and does not resume
consideration before the time certain arrives, no further time for
debate remains. Deschler-Brown Ch 29 Sec. 79.128.
If debate is closed instantly on the entire bill and all
amendments thereto, no further debate is in order for any purpose
(including the preferential motion that the enacting clause be
stricken); and further amendments may be offered but not debated
unless they have been printed in the Congressional Record. Deschler-
Brown Ch 29 Sec. Sec. 79.1, 79.23.

Role of the Chair in Allocating Time

Where debate on an amendment has been limited, the Chair has
several options in allocating the remaining time. The Chair may (1)
continue to recognize under the five-minute rule; (2) divide the time
between Members indicating a desire to speak; or (3) as is
increasingly the case under the modern practice, divide time between
the proponent of the amendment and an opponent (giving priority in
recognition among opponents to committee members) and allow them in
turn to yield time to other Members. Manual Sec. 987.
The Chair also has the discretion to give priority in recognition
under a limitation to those Members seeking to offer amendments, over
other Members standing at the time the limitation was agreed to. Where
time for debate on a bill and all amendments thereto has been limited
to a time certain several hours away, the Chair has the discretion to
continue to proceed under the five-minute rule until deciding to
allocate remaining time on possible amendments. The Chair may then
divide that time among proponents of anticipated amendments and
committee members opposing those amendments. The Chair also has
discretion to reallocate time to conform to the limit set by unanimous
consent of the Committee of the Whole. Manual Sec. 987.

Time Remaining After Committee Rises

The adoption of a motion to rise during debate on an amendment in
the Committee of the Whole does not affect the time remaining on the

[[Page 443]]

amendment when the bill is resumed as unfinished business in the
Committee of the Whole, where debate is limited to a number of minutes
and not to a time certain. Deschler-Brown Ch 29 Sec. 79.131. However,
where a measure has been limited to a time certain, and the Committee
rises before that time without having completed action on the pending
measure, no time is considered to be remaining when the Committee, on
a later day, resumes consideration of the measure. Deschler-Brown Ch
29 Sec. 79.127. The Committee may extend debate on the subsequent day
only by unanimous consent. Deschler-Brown Ch 29 Sec. 78.84.
Where after limiting debate under the five-minute rule the
Committee of the Whole is about to rise on motion, the Chair has the
discretion to defer the allocation of that time until the Committee
resumes consideration of the bill on a subsequent day. Deschler-Brown
Ch 29 Sec. 79.52.

H. Reading Papers; Displays and Exhibits

Sec. 60 . Reading Papers

In the early practice of the House, the reading of papers,
including a Member's own written speech, was usually permitted without
question; and Members usually read such papers as they pleased. Manual
Sec. 964; 5 Hinds Sec. 5258. However, that privilege was subject to
the authority of the House if another Member objected under a former
version of clause 6 of rule XVII. Manual Sec. 964. If objection was
made to such a reading under the former rule, the question was
determined by the House without debate. The rule was amended in 1993
to apply only to exhibits and not to readings and the question no
longer must be submitted to the House. Manual Sec. 963.

Sec. 61 . Use of Exhibits

Generally

Members often use relevant exhibits in debate for the information
of other Members. The display of exhibits in debate was at one time
automatically subject to House consent under clause 6 of rule XVII if
objection was made. However, the clause was amended in the 107th
Congress to give the Chair the discretion to submit the question of
its use to the House. Manual Sec. 963.
For procedures under the former rule, see Manual Sec. 963.
It is not a proper parliamentary inquiry to ask the Chair to judge
the accuracy of the content of an exhibit. It is not in order to
request that the

[[Page 444]]

electronic voting display be turned on during debate as an exhibit to
accompany a Member's debate. Manual Sec. 963.
Exhibits that have been permitted by the House or the Committee of
the Whole, either by vote or because no objection was raised, include:

A pair of oversized dice. Deschler-Brown Ch 29 Sec. 84.2.
Models prepared by the Committee on Science and Astronautics.
Deschler-Brown Ch 29 Sec. 84.4.
Electronic voting equipment to be installed in the House
Chamber. Deschler-Brown Ch 29 Sec. 84.
A bottle of liquor alleged to be ``government rum.'' Deschler-
Brown Ch 29 Sec. 84.1.
A chart showing complex funding formulas. Deschler-Brown Ch 29
Sec. 84.5.
Photographs of missing children. Deschler-Brown Ch 29
Sec. 84.14.
A display of dismantled weapons. Deschler-Brown Ch 29
Sec. 84.17.
A chart showing stockpiled weaponry. 99-1, June 19, 1985, p
16359.

The Speaker or chair of the Committee of the Whole may under rule
I direct the removal of an exhibit from the well if the exhibit is not
being used in debate. Deschler-Brown Ch 29 Sec. Sec. 84.9, 84.10.
The Speaker has denied a request that a Member be permitted to use
a video recorder on the floor of the House during a special-order
speech, as an audio-visual display of comments by non-Members would be
contrary to precedents limiting the privilege of debate to Members.
Deschler-Brown Ch 29 Sec. 80.8. The Speaker has disallowed the use of
a person on the floor as a guest of the House as an ``exhibit.''
Manual Sec. 622; Sec. 21, supra.
Beginning in the 111th Congress, the Speaker has announced
guidelines for appropriate comportment in the chamber when the House
is not in session. Such guidelines re-affirm the Speaker's
responsibility for control of the Hall of the House under clause 3 of
rule I, indicate that the chamber remains on static display during
periods of adjournment, and prohibit any activity (including audio or
video recording) that might be taken to carry the imprimatur of the
House. 111-1, Jan. 6, 2009, p __.

Sec. 62 . -- Decorum Requirements

The Speaker's responsibility under clause 2 of rule I to preserve
decorum requires that the use of exhibits in debate that would be
demeaning to the House or that would be disruptive of the decorum
thereof be disallowed. Deschler-Brown Ch 29 Sec. 84.16. Thus the
Speaker may inquire of a Member's intentions as to the use of exhibits
before conferring recognition to address the House. Deschler-Brown Ch
29 Sec. 84.11. In one instance, the Chair declined to permit a bumper
sticker to be attached to the lectern in the House Chamber. 101-1,
Sept. 13, 1989, p 20362. In 1995, a caricature of

[[Page 445]]

the Speaker presented during debate was ruled out of order. 104-1,
Nov. 16, 1995, p 33393-95. In another instance, where a Member during
debate on a bill funding the arts indicated his intention to show as
exhibits certain photographs--some innocuous and some alleged to be
pornographic--the Chair announced that he would prevent the display of
all such exhibits on the pending bill. The Chair observed that
although the first amendment to the Constitution provides that
Congress shall make no law abridging the freedom of speech, the
Constitution also provides in article I that the House may determine
the rules of its proceedings, and in clause 2 of rule I the House has
assigned to the Chair the responsibility of preserving order and
decorum. Manual Sec. 622.
At the request of the Committee on Ethics, the Speaker announced
that (1) all handouts distributed on or adjacent to the floor must
bear the name of a Member authorizing the distribution; (2) the
content of such handouts must comport with the standards applicable to
words used in debate; (3) failure to comply with these standards may
constitute a breach of decorum and thus give rise to a question of
privilege; (4) staff are prohibited in the Chamber or rooms leading
thereto from distributing handouts and from attempting to influence
Members with regard to legislation; and (5) Members should minimize
the use of handouts to enhance the quality of debate. Manual Sec. 622.

I. Secret Sessions

Sec. 63 . In General

Generally; Historical Background

In the early days of the Congress, secret sessions of the House
were frequent. The sessions of the Continental Congress were secret.
Up to and during the War of 1812, secret sessions of the House were
held often. Normally, the House sat with galleries open. When the
occasion required, as on receipt of a confidential communication from
the President, the galleries were cleared by House order. 5 Hinds
Sec. Sec. 7247, 7251 (note). Following that period, the practice fell
into disuse, remaining dormant for almost a century, and there have
been but few secret sessions in the modern era. 6 Cannon Sec. 434.
It has been held that each House has a right to hold secret
sessions whenever in its judgment the proceedings should require
secrecy. In 1848, the Circuit Court of the District of Columbia upheld
a Senate contempt proceeding conducted in a secret session arising out
of the publication of a trea

[[Page 446]]

ty pending before the Senate in executive session. Nugent v. Beale, 18
F. Cas. 141 (C.C.D.C. 1848) (No. 10375); 2 Hinds Sec. 1640.

Procedure

The oath of office taken by elected House officers obligates them
to ``keep the secrets of the House'' under clause 1 of rule II. Manual
Sec. 640. Clause 9 of rule XVII, dating from 1792, authorizes the
holding of a secret session (1) whenever confidential communications
are received from the President, or (2) whenever the Speaker or any
Member informs the House that such individual has communications that
such individual believes ought to be kept secret. Manual Sec. 969.
The House, and not the Committee of the Whole, determines whether
to conduct a secret session under clause 9 of rule XVII. Manual
Sec. 969; Deschler-Brown Ch 29 Sec. 85.6. Provision for the session is
generally made pursuant to a motion considered in the House. See
Sec. 64, infra. The material to be presented in the secret session is
not required to be relevant to any particular legislation. Deschler-
Brown Ch 29 Sec. 85.9. No point of order lies in the secret session
that the material in question must be produced for the Members in
advance to determine whether secret or confidential communications are
involved. Deschler-Brown Ch 29 Sec. 85.14.
For procedures governing a secret session of the House called to
resolve a conflict between the Permanent Select Committee on
Intelligence and the President with respect to disclosure of
classified information, see clause 11(g) of rule X. Manual Sec. 785.

Use of Special Orders of Business

In 1983, for the first time, a secret session was held pursuant to
a special order of business reported from the Committee on Rules and
adopted by the House. The special order of business provided for
preliminary general debate on a bill in secret session of the
Committee of the Whole and for further consideration of the bill in
open session of the Committee of the Whole. 98-1, H. Res. 261, July
14, 1983, p 19133. Following the secret session, the Speaker stated
that Members were bound not to release or revise or make public any of
the transcript thereof until further order of the House, and that
pursuant to the special order of business the transcript would be
referred to the two committees reporting the bill. 98-1, July 19,
1983, pp 19776, 19777. Six months later, the Speaker laid before the
House communications transmitting the recommendations of those
committees that the transcript of the secret session not be publicly
released. 98-2, Jan. 23, 1984, p 84.

[[Page 447]]

In 2008, for the first time, a secret session was held pursuant to
a unanimous-consent request that, similar to a special order of
business, provided the terms for debate. Manual Sec. 969.

Sec. 64 . Motions; Debate

A motion to go into a secret session is in order when any Member
informs the House that such Member has communications that should be
considered in confidence. The motion takes precedence over a motion to
resolve into the Committee of the Whole for the consideration of
privileged legislative business such as an appropriation bill. 8
Cannon Sec. 3630.
The motion to resolve into secret session may be made only in the
House and not in the Committee of the Whole. Manual Sec. 969;
Deschler-Brown Ch 29 Sec. 85.6. The Member offering the motion must
qualify by asserting that such Member has a secret communication to
make to the House. Deschler-Brown Ch 29 Sec. 85.5. The motion may be
repeated on the same legislative day if the proponent asserts
additional qualifying communications. Manual Sec. 969. The motion is
not debatable, although the Chair may explain the operation of the
rule and respond to parliamentary inquiries after the motion has been
agreed to and before the secret session commences. Manual Sec. 969;
Deschler-Brown Ch 29 Sec. Sec. 85.7, 85.9. The motion to resolve into
secret session is subject to the motion to lay on the table. Manual
Sec. 969.
After a motion to resolve into a secret session has been adopted,
the Member who offered the motion may be recognized for one hour of
debate. The normal rules of debate, including the principle that
motions are in order only when the Member in control yields for that
purpose, apply. Deschler-Brown Ch 29 Sec. 85.13.
A motion in secret session to make the proceedings public is
debatable for one hour, within narrow limits of relevancy. At the
conclusion of debate in secret session, a Member may be recognized to
offer a motion that the session be dissolved. Deschler-Brown Ch 29
Sec. 85.18. In 2008, the unanimous-consent agreement pursuant to which
the House resolved into secret session provided for adjournment of the
House immediately following the secret session. Manual Sec. 969.

Sec. 65 . Secrecy Restrictions and Guidelines

The Speaker may announce before a secret session commences that
the galleries will be cleared. The Speaker also may announce that the
Chamber will be cleared of all persons except Members and those
officers and employees whose attendance is essential to the
functioning of the secret session

[[Page 448]]

and so specified by the Speaker, and that all proceedings in the
secret session must be kept secret until otherwise ordered by the
House. Deschler-Brown Ch 29 Sec. Sec. 85.8, 85.9. In one instance, the
Speaker directed all officers and employees designated by him as
essential to the proceedings to come to the desk and sign an oath of
secrecy. The Speaker announced that violation of the oath was
punishable by the House and that Members and employees were subject to
standards of conduct and disciplinary proceedings under House rules.
Deschler-Brown Ch 29 Sec. 85.9. Where the House has concluded a secret
session and has not voted to release the transcripts of that session
to the public, the injunction of secrecy remains and the Speaker may
informally refer the transcripts to appropriate committees for their
evaluation and report to the House as to their ultimate disposition.
Deschler-Brown Ch 29 Sec. 85.10. Under clause 13 of rule XXIII (which
was added to the Code of Official Conduct in the 104th Congress), all
Members, officers, and employees are required to execute an oath
before they are given access to classified information. The list of
Members signing this oath is published weekly in the Congressional
Record. For a discussion of committee meetings in executive session,
see Committees.

[[Page 449]]

CHAPTER 17
CONTEMPT

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Statutory Contempt Procedure
Sec. 3. -- Duties of the Speaker and U.S. Attorney
Sec. 4. -- Defenses; Pertinence Requirement
Sec. 5. Purging Contempt
Research References
2 Hinds Sec. Sec. 1597-1640; 3 Hinds Sec. Sec. 1666-1724
6 Cannon Sec. Sec. 332-334
Deschler Ch 15 Sec. Sec. 17-22
Manual Sec. Sec. 293-299
2 USC Sec. Sec. 192, 194

Sec. 1 . In General

An individual who fails or refuses to comply with a House subpoena
may be cited for contempt of Congress. Eastland v. United States
Servicemen's Fund, 421 U.S. 491 (1975). Although the Constitution does
not expressly grant Congress the power to punish witnesses for
contempt, that power has been deemed an inherent attribute of the
legislative authority of Congress (Anderson v. Dunn, 19 U.S. 204
(1821)) so far as necessary to preserve and exercise the legislative
authority expressly granted (Marshall v. Gordon, 243 U.S. 521 (1917)).
However, as a power of self-preservation, a means and not an end, the
power does not extend to infliction of punishment. Manual
Sec. Sec. 294-296.
To supplement this inherent power, Congress in 1857 adopted an
alternative statutory contempt procedure. Sec. 2, infra. Thus, the
House may either (1) certify a recalcitrant witness to the appropriate
United States Attorney for possible indictment under this statute or
(2) exercise its inherent power to commit for contempt by detaining
the witness in the custody of the Sergeant-at-Arms. Manual Sec. 296.
The statutory procedure is the one used in modern practice, but the
``inherent power'' remains available. In one instance, the House
invoked both procedures against a witness. 3 Hinds Sec. 1672.
In contrast, the Senate may invoke its civil contempt statute (2
USC Sec. 288d) to direct the Senate legal counsel to bring an action
in Federal court

[[Page 450]]

to compel a witness to comply with the subpoena of a committee of the
Senate.
Under the inherent contempt power of the House, the recalcitrant
witness may be arrested and brought to trial before the bar of the
House, with the offender facing possible incarceration. 3 Hinds
Sec. 1685. At the trial of the witness in the House, questions may be
put to the witness by the Speaker (2 Hinds Sec. 1602) or by a
committee (2 Hinds Sec. 1617; 3 Hinds Sec. 1668). In one instance, the
matter was investigated by a committee, the respondent was then
brought to the bar of the House, and a resolution was reported to the
House for its vote. 2 Hinds Sec. 1628.
The inherent power of Congress to find a recalcitrant witness in
contempt has not been invoked by the House in recent years because of
the time-consuming nature of the trial and because the jurisdiction of
the House cannot extend beyond the end of a Congress. See Anderson v.
Dunn, 19 U.S. 204 (1821). The first exercise of this power in the
House occurred in 1812, when the House proceeded against a newspaper
editor who declined to identify his source of information that had
been disclosed from executive session. 3 Hinds Sec. 1666. Such powers
had been exercised before the adoption of the Constitution by the
Continental Congress as well as by England's House of Lords and House
of Commons. Jurney v. MacCracken, 294 U.S. 125 (1935). Although the
use of such powers was supported by the Supreme Court in Jurney,
neither House has used them since 1935.

Sec. 2 . Statutory Contempt Procedure

Generally

An alternative statutory contempt procedure was enacted in 1857.
Under this statute the wrongful refusal to comply with a congressional
subpoena is made punishable by a fine of up to $1,000 and imprisonment
for up to one year. A committee may vote to seek a contempt citation
against a recalcitrant witness. This action is then reported to the
House. 2 USC Sec. 192. If a resolution to that end is adopted by the
House, the matter is referred to a U.S. Attorney, who is to seek an
indictment. See 2 USC Sec. 194; Manual Sec. 299.
In the 97th Congress the House adopted such a resolution following
the failure of an official of the executive branch (EPA Administrator
Anne M. Gorsuch) to submit executive branch documents to a House
subcommittee pursuant to a subpoena. This was the first occasion on
which the House cited a cabinet-level executive branch official for
contempt of Congress. Manual Sec. 299; H. Rept. 97-968. In the same
Congress, Secretary of the Interior James G. Watt was cited for
contempt for withholding from a com

[[Page 451]]

mittee subpoenaed documents and for failure to answer its questions.
The contempt citation was reported to the House by the oversight and
investigations subcommittee through the full Committee on Energy and
Commerce. H. Rept. 97-898. An accommodation was reached on the
documents, and the House took no action on the report. Similarly, in
1998, a committee report recommended the adoption of a resolution
finding Attorney General Janet Reno in contempt of Congress for
failing to produce documents subpoenaed by the Committee. H. Rept.
105-728. The House took no action on the report.
In 1983, a committee report recommended the adoption of a
resolution finding Rita M. Lavelle (former EPA Assistant
Administrator) in contempt of Congress for failing to appear in
response to a subpoena. H. Rept. 98-190. The House then adopted a
resolution certifying such refusal to the U.S. Attorney. Manual
Sec. 299.
In 2008, the House adopted (by special order of business) a
resolution, reported by the Committee on the Judiciary, directing the
Speaker to certify to the United States Attorney the refusal of the
White House Chief of Staff to produce documents to a committee, and
the refusal of former White House Counsel to appear and testify and
produce documents to a subcommittee, each as directed by subpoena.
110-2, H. Res. 979, Feb. 14, 2008, p 2190; Manual Sec. 299.

Floor Consideration

A contempt citation must be reported to the House pursuant to
formal action by the committee. Ex parte Frankfield, 32 F. Supp. 915
(D.D.C. 1940). A committee report relating to the refusal of a witness
to testify is privileged for consideration in the House if called up
by the chair or other authorized member of the reporting committee.
Manual Sec. 299. A report relating to the refusal of a witness to
produce certain documents as ordered is also privileged. Deschler Ch
15 Sec. 20.9. The report is presented and read. A resolution may then
be offered directing the Speaker to certify the refusal to a U.S.
Attorney. Id. Such a resolution may be offered from the floor as
privileged, because the privileges of the House are involved, and a
committee report to accompany the resolution may be presented to the
House without regard to the three-day availability requirement for
other reports. Clause 4(a)(2)(C) of rule XIII; Manual Sec. Sec. 299,
850.
A resolution with two ``resolved'' clauses separately directing
the certification of the contemptuous conduct of two individuals is
subject to a demand for a division of the question as to each
individual (contempt proceedings against Ralph and Joseph Bernstein,
Manual Sec. 299); as is a resolution with one ``resolved'' clause
certifying contemptuous conduct of several

[[Page 452]]

individuals. Manual Sec. 299; cf. Deschler-Brown Ch 30 Sec. 49.1. A
contempt resolution may be withdrawn as a matter of right before
action thereon. Manual Sec. 299.

Sec. 3 . -- Duties of the Speaker and U.S. Attorney

The controlling statute provides that when a witness fails or
refuses to answer or produce the required documents, and such failure
is reported to the House--or to the Speaker when the House is not in
session--it ``shall be the duty'' of the Speaker to certify the facts
to the United States Attorney for presentation to a grand jury. 2 USC
Sec. 194. Notwithstanding the language in the statute referring to the
``duty'' of the Speaker, the court in Wilson v. United States, 369
F.2d 198 (D.C. Cir. 1966) held that the Speaker erred in construing
the statute to prohibit any inquiry into the matter by him, and that
his automatic certification of a case to the U.S. Attorney during a
period of sine die adjournment was invalid. Since the incident that
gave rise to this decision, no contempt reports have been produced
following a sine die adjournment, so the authority of the Speaker has
not been used.

Sec. 4 . -- Defenses; Pertinence Requirement

The statute that penalizes the refusal to respond to a
congressional subpoena provides that the question must be ``pertinent
to the question under inquiry.'' 2 USC Sec. 192. That is, the answers
requested must (1) relate to a legislative purpose that Congress may
constitutionally entertain, and (2) fall within the grant of authority
actually made by Congress to the committee. Deschler Ch 15 Sec. 6. In
a prosecution for contempt of Congress, it must be established that
the committee or subcommittee was duly authorized and that its
investigation was within the scope of delegated authority. United
States v. Seeger, 303 F.2d 478 (2nd Cir. 1962). A clear chain of
authority from the House to its committee is an essential element.
Gojack v. United States, 384 U.S. 702 (1966).
The statutory requirement that a question be pertinent is an
essential factor in prosecuting the witness for contempt. Pertinence
will not be presumed. Bowers v. United States, 202 F.2d 447 (D.C. Cir.
1953). The right of a witness to refuse to answer a nonpertinent
question is not waived by mere lack of assertion. The committee has a
burden to explain to the witness that a question is pertinent and that
despite the witness's objection, the committee demands an answer.
Barenblatt v. United States, 252 F.2d 129 (D.C. Cir. 1958), aff'd, 360
U.S. 109 (1959); Davis v. United States, 269 F.2d 357 (6th Cir. 1959),
cert. denied, 361 U.S. 919 (1959).

[[Page 453]]

In judicial contempt proceedings brought under the statute,
constitutional claims and other objections to House investigatory
procedures may be raised by way of defense. United States v. House of
Representatives, 556 F. Supp. 150 (D.D.C. 1983). The courts must
accord a defendant every right ``guaranteed to defendants in all other
criminal cases.'' Watkins v. United States, 354 U.S. 178 (1957). All
elements of the offense, including willfulness, must be proven beyond
a reasonable doubt. Flaxer v. United States, 358 U.S. 147 (1958).
However, the courts have been extremely reluctant to interfere with
the statutory scheme by considering cases brought by recalcitrant
witnesses seeking declaratory or injunctive relief. See, e.g.,
Eastland v. United States Servicemen's Fund, 421 U.S. 491 (1975);
United States v. House of Representatives, 556 F. Supp. 150 (D.D.C.
1983).
During committee proceedings, where a report to the House is
contemplated, a witness's defense (including objections based on
relevance, attorney-client privilege, or executive privilege) may be
considered separately by the committee or may merge with a vote on
reporting to the House.
To justify withholding subpoenaed information, a witness sometimes
contends that the President has claimed executive privilege with
respect thereto or has directed the witness not to disclose the
information. However, the Supreme Court has rejected the claim that
the President has an absolute, unreviewable executive privilege. See
United States v. Nixon, 418 U.S. 683 (1974). Moreover, noncompliance
with a congressional subpoena by government officials may not be
justified on the ground that they were acting under the orders of a
superior. See United States v. Tobin, 195 F. Supp. 588 (D.D.C. 1961).

Sec. 5 . Purging Contempt

A witness in violation of a House subpoena has been permitted to
comply with its terms before the issuance of an indictment. 3 Hinds
Sec. Sec. 1666, 1686. However, once judicial proceedings to enforce
the subpoena have been initiated, the defendant cannot be purged of
contempt merely by producing the documents or testimony sought. See
United States v. Brewster, 154 F. Supp. 126 (D.D.C. 1957), cert.
denied, 358 U.S. 842 (1958). At this stage, the House itself must
consider and vote on whether to permit a discontinuance. The committee
that sought the contempt citation submits a report to the House
indicating that substantial compliance on the part of the witness has
been accomplished; the House then adopts a resolution certifying the
facts to the U.S. Attorney to the end that contempt proceedings be
discontinued. Manual Sec. 299; Deschler Ch 15 Sec. 21. For example, in
the 98th Congress, after EPA Administrator Anne M. Gorsuch had been
cited

[[Page 454]]

by a prior Congress for contempt for failure to produce certain
documents to a House subcommittee, the House adopted a resolution
certifying to the U.S. Attorney that an agreement giving the committee
access to those documents had been reached. Manual Sec. 299.
Although witnesses cannot purge contempt after judicial
proceedings have begun, a court may suspend the sentence of witnesses
convicted of contempt and give them an opportunity to avoid punishment
by providing the testimony sought. Deschler Ch 15 Sec. 21.

[[Page 455]]

CHAPTER 18
DELEGATES AND RESIDENT COMMISSIONER

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. In the House
Sec. 3. In Committees
Sec. 4. In Committee of the Whole
Research References
1 Hinds Sec. Sec. 400-410
6 Cannon Sec. Sec. 240-246
Deschler Ch 7 Sec. 3
Manual Sec. Sec. 675, 676

Sec. 1 . In General

Generally

The Delegates and Resident Commissioner are those statutory
officials who represent in the House the territories and properties
owned or administered by the United States but not admitted to
statehood. Deschler Ch 7 Sec. 3. The Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and the District of Columbia are
each represented in the House by a Delegate. Puerto Rico is
represented by a Resident Commissioner. Manual Sec. 675.

Sec. 2 . In the House

The floor privileges of a Delegate or a Resident Commissioner in
the House include the right to debate (2 Hinds Sec. 1290), offer
motions (2 Hinds Sec. 1291), and raise points of order (6 Cannon
Sec. 240). However, such individual cannot vote in the House (Manual
Sec. 675) or serve as its presiding officer (Manual Sec. 970). A
Delegate or a Resident Commissioner may offer any motion a Member may
offer, including the motion to adjourn, but not the motion to
reconsider, which is itself dependent on the right to vote. 2 Hinds
Sec. 1292; Deschler-Brown Ch 29 Sec. 23.65. Such individual may file
reports for committees (Manual Sec. 675) and may object to the
consideration of a bill (6 Cannon Sec. 241; Deschler Ch 7 Sec. 3.7).
Impeachment proceedings have been moved by a Delegate. 2 Hinds
Sec. 1303.

[[Page 456]]

Sec. 3 . In Committees

Under clause 3 of rule III, Delegates and the Resident
Commissioner are elected to serve on standing committees in the same
manner as Members, and possess in such committees the same powers and
privileges as the other members. Manual Sec. 675. They have the right
to vote in committees on which they serve. Seniority accrual rights on
committees have also been extended to the Delegates and Resident
Commissioner. Deschler Ch 7 Sec. 3.11. They may be appointed by the
Speaker to any conference committee. The Speaker also has the
authority to appoint them to any select committee, an appointment that
previously required the permission of the House. Manual Sec. 676.

Sec. 4 . In Committee of the Whole

Under a rule first adopted in 1993 (but since stricken), when the
House was sitting in Committee of the Whole, the Delegates and
Resident Commissioner had the same right to vote as Members, subject
to immediate reconsideration in the House where their votes were
collectively decisive in the Committee. The Speaker also had authority
to appoint a Delegate or Resident Commissioner to serve as chair of
the Committee of the Whole. The constitutionality of that rule was
upheld based on the feature of the rule providing for immediate
reconsideration. Michel v. Anderson, 14 F.3d 6723 (D.C.Cir. 1994).
These provisions were stricken in 1995, reinstated in 2007, and
stricken again in 2011. Manual Sec. 985.

[[Page 457]]

CHAPTER 19
DISCHARGING MEASURES FROM COMMITTEES

HOUSE PRACTICE

Sec. 1. In General; Alternative Methods
Sec. 2. The Discharge Rule; Motions to Discharge
Sec. 3. -- Application and Use; What Measures May Be Discharged
Sec. 4. -- Signatures Required
Sec. 5. -- Privilege and Precedence of Motions
Sec. 6. -- Calling Up and Debating the Motion
Sec. 7. -- Consideration of Discharged Measure; Forms
Sec. 8. Discharge of Matters Privileged Under the Constitution
Sec. 9. Discharge of Resolutions of Disapproval; Statutory Motions
Research References
7 Cannon Sec. Sec. 1007-1023
Deschler Ch 18
Manual Sec. Sec. 892, 1130

Sec. 1 . In General; Alternative Methods

There are certain procedures that effectively discharge a
committee or that may be invoked whenever a committee fails or refuses
to report a measure. These methods include:

The motion to discharge a public bill or resolution available
under clause 2 of rule XV after the measure has been pending in
committee for more than 30 days. Manual Sec. 892; see Sec. 2,
infra.
A motion to discharge the Committee on Rules from a resolution
proposing a special order of business for consideration of
certain public bills or resolutions under clause 2 of rule XV
after the special order of business has been pending before it
for seven days. Manual Sec. 892; see Sec. 3, infra.
The motion to suspend the rules available under clause 1 of
rule XV pursuant to a vote of two-thirds of the Members. Manual
Sec. 885.

[[Page 458]]

Note: The motion to suspend the rules may be applied to unreported
measures. 8 Cannon Sec. 3421; see generally Suspension of Rules.

The Speaker's referral under clause 2 of rule XII of a measure
pursuant to time limits that result in the discharge of the
measure from committee at the end of the designated time.
Manual Sec. 816.
A resolution reported by the Committee on Rules providing for
the consideration of an unreported measure; the effect of the
resolution, if adopted, is to discharge the committee before
which the measure is pending. 5 Hinds Sec. 6771.
A unanimous-consent request agreed to by the House (the
procedure does not apply in the Committee of the Whole). 4
Hinds Sec. 4697.

Note: Although a unanimous-consent request is within the
discretion of the Chair, the Speaker will not entertain such a request
without the consent of the chair and ranking minority member of the
committee considering the measure and the majority and minority floor
leadership. See Manual Sec. 956.

A statutory procedure for discharging certain measures of
congressional disapproval or approval. Manual Sec. 1130; 4
Hinds Sec. 4697.

As to the procedures for discharging a committee from a resolution
of inquiry, see Resolutions of Inquiry. Discharge of vetoed bills, see
Sec. 8, infra; discharge pursuant to statute, see Sec. 9, infra.

Sec. 2 . The Discharge Rule; Motions to Discharge

Generally

Under clause 2 of rule XV, a Member may file with the Clerk a
motion (normally called a discharge petition) to discharge a committee
from the consideration of a public bill or resolution that was
referred to the committee 30 days prior thereto. Manual Sec. 892. The
word ``days'' has been construed to mean legislative days and has been
so recodified in clause 2 of rule XV. Deschler Ch 18 Sec. 3.1 The
period of time specified by the rule does not begin to run until the
committee is appointed or elected. 7 Cannon Sec. 1019.
The Clerk makes the petition available at the rostrum for Members
to sign while the House is in session. Under clause 2 of rule XV, when
the requisite number of signatures are obtained (a majority of the
total membership), the motion is entered on the Journal, printed in
the Congressional Record, and referred to the Discharge Calendar.
Deschler Ch 18 Sec. 1.3. When the motion has been on the calendar for
seven legislative days, it may be called up in the House under the
discharge rule on the second or fourth Monday of a month. The motion
is then debated for 20 minutes and voted

[[Page 459]]

on. If the motion prevails on a public bill or joint resolution, it is
in order to proceed to consider the discharged measure pursuant to a
motion to that effect. See Sec. 6, infra. If the motion prevails on a
special order of business, the House proceeds to immediate
consideration of the rule. See Sec. 7, infra.
Petitions to discharge committees are filed with the Clerk and are
not presented from the floor, but Members may give notice of the
filing of such petitions, either from the floor or by letter. 7 Cannon
Sec. 1008. Once the motion has been filed, the Clerk makes the
signatories a matter of public record on the last day of each week,
and they are available for public inspection in the Clerk's office on
any day of the business week. Manual Sec. 892.

Reoffering of Motion

Under clause 2 of rule XV, when a perfected motion to discharge a
committee from the consideration of a measure has once been acted on
by the House, it is not in order to entertain during the same session
another motion for the discharge of that measure or any other bill or
resolution substantially the same as such measure.

Sec. 3 . -- Application and Use; What Measures May Be Discharged

Public Bills and Resolutions

A motion to discharge a committee from the consideration of a bill
applies to the bill as referred to the committee and not as it may
have been proposed to be amended in the committee. 7 Cannon Sec. 1015.
The motion to discharge a bill may not be entertained if the bill
against which it is directed has been reported from committee before
the motion is called up in the House. The filing of the motion to
discharge does not preclude the committee from reporting the measure
in question at any time before the motion is called up. Manual
Sec. 892; Deschler Ch 18 Sec. 1.13.

Application to Special Orders of Business From the Committee on Rules

Under the modern practice, the rule is often invoked to discharge
the Committee on Rules from the consideration of a resolution
specified in clause 2(b)(1)(B) of rule XV. Such a resolution would
enable consideration of a reported public bill or public resolution
that has been reported by a standing committee or has been referred to
a standing committee for 30 legislative days under terms therein
specified by the sponsor of the resolution rather than under the
general rules of the House. A petition to discharge the Committee on
Rules from consideration of a special order of business making in
order a balanced budget constitutional amendment received the
requisite number of signatures on two occasions. Manual Sec. 892.

[[Page 460]]

The motion applies only to special orders of business that have
been pending before the Committee on Rules for at least seven
legislative days. Manual Sec. 892. Moreover, it is not in order to
move to discharge the Committee on Rules from the consideration of a
resolution not specified in the discharge rule. For example, the
Committee on Rules may not be discharged from the further
consideration of a resolution providing merely for the appointment of
a committee to investigate. Deschler Ch 18 Sec. 2.6.
Since the 105th Congress, clause 2(b)(2) of rule XV has required
that a special order of business subject to a discharge motion address
the consideration of only one measure and must not propose to admit or
effect a nongermane amendment.

Timetable

The discharge of a measure pursuant to clause 2 of rule XV is
subject to the following timetable:

Expiration of 30 legislative days after the measure is
referred to committee and the concurrent expiration of seven
legislative days after a petition is filed against a special
order of business referred to the Committee on Rules. Sec. 2,
supra.
Requisite number of signatures. Sec. 4, infra.
Expiration of seven legislative days, which begins the day the
motion is referred to the discharge calendar. Sec. 6, infra.
Privilege of motion only on second or fourth Monday of month
following expiration of seven-day period. Sec. 6, infra.

Sec. 4 . -- Signatures Required

The requirement that a discharge motion be signed by a majority of
the Members has been interpreted to mean that the motion requires the
signatures of a majority of the entire membership, or 218 Members.
Deschler Ch 18 Sec. 1.2. Non-voting Delegates may not sign a discharge
petition, even by unanimous consent. 108-1, Oct. 1, 2003, p 23853.
This numerical requirement is in contrast to the vote needed for
actual passage of legislation under ordinary conditions, which
requires only a majority of those present and voting, a quorum being
present. See Voting. However, a hard majority is necessary for a
discharge motion because the death or resignation of a signatory of
the motion does not invalidate such individual's signature. Deschler
Ch 18 Sec. 1.5. To enable a Member elected in a special election to
sign a petition, the signature of the predecessor must be removed by
the successor. Manual Sec. 892; Deschler Ch 18 Sec. 1.4.

[[Page 461]]

Clause 2 of rule XV requires the preparation of daily cumulative
lists of the names of those signing the petition. Such lists must be
made available for public inspection.
Additional signatures are not admitted after the requisite number
have been affixed. Deschler Ch 18 Sec. 1.4. Under clause 2 of rule XV,
a signature may be withdrawn by a Member in writing at any time before
the petition is signed by the requisite number and entered on the
Journal. The signing of discharge motions by proxy is not permitted. 7
Cannon Sec. 1014.

Sec. 5 . -- Privilege and Precedence of Motions

A motion to discharge a committee, when called up pursuant to the
provisions of the discharge rule, is privileged; and the Speaker may
decline to recognize for a matter not related to the proceedings. 7
Cannon Sec. 1010. Such motions take precedence over business merely
privileged under the general rules of the House. 7 Cannon Sec. 1011.
The motion takes precedence over motions to resolve into Committee of
the Whole (7 Cannon Sec. Sec. 1016, 1017), over unfinished business
(Deschler Ch 18 Sec. 3.4), and over motions to suspend the rules (7
Cannon Sec. 1018). However, prior to the consideration of a motion to
discharge, the Speaker has the discretion to recognize Members for
one-minute speeches by unanimous consent. Deschler Ch 18 Sec. 3.8.

Sec. 6 . -- Calling Up and Debating the Motion

Generally

Under clause 2 of rule XV, a motion to discharge that has been on
the Discharge Calendar at least seven days may be called up for
consideration on the second and fourth Mondays of each month except
during the last six days of a session. The consideration of such a
motion may be made in order on a day other than the specified Mondays
by unanimous consent. Deschler Ch 18 Sec. 3.5. The House may dispense
with a motion to discharge by unanimous consent and agree to consider
the underlying matter on a date certain under the same terms as if
discharged by motion. Manual Sec. 892.
To call up the motion, a Member must qualify as having signed the
discharge petition. Deschler Ch 18 Sec. 3.6.

Intervening Motions

Clause 2 of rule XV does not permit intervening motions except for
one motion to adjourn. Accordingly, it has been held that when a
motion to discharge a committee is called up, it is not in order to
move to table the motion or to move to postpone consideration thereof
to a day certain. Deschler

[[Page 462]]

Ch 18 Sec. Sec. 3.14, 3.15; see also 96-1, July 24, 1979, p 20358;
103-2, Mar. 11, 1994, p 4772.

Debate on Motion

Debate on the motion to discharge is limited to 20 minutes--10
minutes under the control of the proponent and 10 minutes under the
control of a Member recognized in opposition. Manual Sec. 892. The
Speaker has denied recognition for requests to extend the time. 7
Cannon Sec. 1010.
The 20-minute period for debate is divided according to position
on the pending matter and not according to membership in a particular
political party. 7 Cannon Sec. 1010. The proponents of a motion to
discharge are entitled to open and close debate on the motion. 7
Cannon Sec. 1010a; Deschler Ch 18 Sec. 3.13. The chair of the
committee being discharged, if opposed, is ordinarily recognized to
control the 10 minutes in opposition. Deschler Ch 18 Sec. 3.10.
A Member recognized to control half of the debate on the motion
may yield part of that time to another Member, but that Member may not
yield part of that time to a third Member. Deschler Ch 18
Sec. Sec. 3.11, 3.12.

Sec. 7 . -- Consideration of Discharged Measure; Forms

Motion to Consider the Discharged Measure

Under clause 2 of rule XV, following agreement to a motion to
discharge a measure pending before a committee, it is in order for any
Member who signed the motion to move to proceed to the immediate
consideration of that measure. Deschler Ch 18 Sec. 4.3. The motion to
consider the measure is privileged and is decided without debate.
Deschler Ch 18 Sec. 4.3. If the motion for immediate consideration is
adopted, the legislation is taken up under the general rules of the
House. Deschler Ch 18 Sec. Sec. 4.4, 4.6. Otherwise, the discharged
measure is referred to its proper calendar. Deschler Ch 18 Sec. 4.7.
Under the modern practice of the House, many discharge motions
propose to discharge the Committee on Rules from further consideration
of a resolution pending before that committee. Under clause 2 of rule
XV, if that motion is adopted, the House immediately considers the
resolution. During such consideration, the Speaker may not entertain
any dilatory or other intervening motion except one motion to adjourn.
Deschler Ch 18 Sec. 4. Amendments to the resolution are not in order,
unless the previous question is not ordered. Manual Sec. 892. If the
discharged resolution is adopted, the House then considers the
discharged measure under the terms of the resolution.

[[Page 463]]

Motions to Expedite Consideration; Debate

A bill having been discharged pursuant to the rule, its proponents
are entitled to recognition for allowable motions to expedite
consideration of the discharged measure. 7 Cannon Sec. 1012. Measures
requiring consideration in Committee of the Whole are taken up
therein. 7 Cannon Sec. 1021; Deschler Ch 18 Sec. 4.4. Where the
discharged measure does not require consideration in Committee of the
Whole, the Member who offered the motion for its immediate
consideration is recognized in the House under the hour rule. Manual
Sec. 892. For example, when a joint resolution proposing an amendment
to the Constitution was considered in the House pursuant to a motion
to discharge, the proponent of the joint resolution was recognized to
control one hour of debate. Deschler Ch 18 Sec. 4.6. However, a
special order of business discharged from the Committee on Rules under
this procedure normally specifies the procedures under which the
underlying bill is to be considered.
Under clause 2 of rule XV, the bill to which the discharge motion
applies is read by title only and may not be read in its entirety. 7
Cannon Sec. 1019a.
The point of order provided by clause 4 of rule XXI--interdicting
provisions containing appropriations not reported by the Committee on
Appropriations--does not apply to an appropriation in a bill that has
been the object of a successful motion to discharge. Manual Sec. 892;
7 Cannon Sec. 1019a.

Form

Member: M_. Speaker, pursuant to clause 2 of rule XV, I call up
the petition to discharge the Committee on _____ from the further
consideration of the bill, H.R. _____.
Or
M_. Speaker, pursuant to clause 2 of rule XV, I call up the
petition to discharge the Committee on Rules from the further
consideration of the resolution, H. Res. _____, providing for
consideration of the bill, H.R. _____.
Speaker: Did the gentle___ sign the petition?
Member: I did, M_. Speaker.
Speaker: The gentle___ from _____ calls up a motion to discharge
the Committee on _____ from the further consideration of the bill
[resolution], which the Clerk will report by title.
Speaker: The gentle___ from _____ will control ten minutes in
favor of the motion, and the gentle___ from _____ will control ten
minutes in opposition. The gentle___ from _____ [proponent of the
motion] is recognized.
Speaker: The time of the gentle___ has expired. All time has
expired. The question is on the motion to discharge the Committee on
_____ from further consideration of the bill (or resolution). As

[[Page 464]]

many as favor the motion will say ``Aye.'' As many as are opposed
say ``No.''
Speaker: The ayes have it and the motion is agreed to. The
committee is discharged.

Sec. 8 . Discharge of Matters Privileged Under the Constitution

Certain matters arising under the Constitution are privileged for
consideration at any time and may therefore be discharged at any time
irrespective of the requirements for petitions under the discharge
rule, subject to a two-day notice and scheduling requirement under
rule IX. Examples include propositions to discipline a Member and
impeachment resolutions. Deschler Ch 18 Sec. 5. Similarly, a motion to
discharge a committee from the further consideration of a vetoed bill
that has been returned to the House and referred back to committee by
the House presents a privileged question and is in order at any time.
Deschler Ch 18 Sec. 5.1. It is likewise in order to move to discharge
a proposition involving a contested election. See discussion in 8
Cannon Sec. 2316; see generally Questions of Privilege.
Although a motion to discharge a committee from the consideration
of a vetoed bill is privileged and debatable, that motion is subject
to the motion to lay on the table but remains renewable on a
subsequent day. Manual Sec. 108; 4 Hinds Sec. 3532; Deschler Ch 18
Sec. 5.1.

Sec. 9 . Discharge of Resolutions of Disapproval; Statutory Motions

Congressional actions approving or disapproving certain executive
branch decisions are sometimes made subject, by statute, to automatic
discharge or to a motion to discharge after the lapse of a certain
period of time. For various examples, see Manual Sec. 1130.

[[Page 465]]

CHAPTER 20
DISTRICT OF COLUMBIA BUSINESS

HOUSE PRACTICE

Sec. 1. In General; Constitutional Background
Sec. 2. Jurisdiction; When District Business is in Order
Sec. 3. Privilege; Precedence
Sec. 4. Consideration; Forms
Sec. 5. -- Debate
Sec. 6. Disposition of Unfinished Business
Sec. 7. Procedure Under Home Rule Act
Research References
U.S. Const. art. I, Sec. 8
4 Hinds Sec. Sec. 3304-3311
7 Cannon Sec. Sec. 872-880
Deschler Ch 21 Sec. 5
Manual Sec. Sec. 135, 894, 1130(5)

Sec. 1 . In General; Constitutional Background

Generally

Under the Constitution, the Congress is empowered to ``exercise
exclusive Legislation in all Cases whatsoever, over [the District of
Columbia].'' U.S. Const. art. I, Sec. 8. Although the Constitution
gives ``exclusive'' jurisdiction to the Congress over such
legislation, the Congress is not precluded from delegating its powers
over the District to a local government. The Supreme Court has
indicated that the ``exclusive'' jurisdiction granted was meant to
exclude any question of power by adjoining States over the area and
was not intended to prevent an appropriate delegation of legislative
authority to the District. District of Columbia v. John R. Thompson
Company, 346 U.S. 100 (1946); see also Stoutengurgh v. Hennick, 129
U.S. 141 (1889).

Home Rule

Pursuant to its authority under this constitutional provision,
Congress provided in 1970 for the people of the District to be
represented in the House by a Delegate and for a commission to report
to the Congress on the organization of the government of the District.
2 USC Sec. 25a. In 1973, the District of Columbia Self-Government and
Governmental Reorganization

[[Page 466]]

Act, also known as the District of Columbia Home Rule Act, was
enacted. Pub. L. 93-198, 87 Stat. 774 (1973). It reorganized the
governmental structure of the District, provided for a charter for
local government, delegated certain legislative powers to the
District, and implemented certain recommendations of the commission.
That Act sets forth a procedure for congressional approval or
disapproval of certain actions by the District of Columbia Council.
Manual Sec. 1130(5).

District of Columbia Appropriations

Section 446 of the District of Columbia Home Rule Act reserved to
Congress the authority to appropriate all Federal and local funds for
the District. As a result, general matters relating to the District of
Columbia are most frequently considered in the context of the annual
general appropriation bill that provides funding for the District,
albeit often in the form of legislation in violation of clause 2 of
rule XXI.

Sec. 2 . Jurisdiction; When District Business is in Order

All measures relating to the municipal affairs of the District,
with the exception of appropriation bills, fall within the
jurisdiction of the Committee on Oversight and Government Reform.
Clause 1(n) of rule X.
Clause 4 of rule XV sets apart the second and fourth Mondays in
each month for the consideration of District business, if claimed by
the committee, to be considered after the disposition of motions to
discharge and referral business on the Speaker's table. District of
Columbia business is in order on one of the designated Mondays after
other more privileged business, such as a motion to suspend the rules,
and the fact that the House has considered some District business
before such a motion does not affect the eligibility of further such
business after suspensions have been completed. Manual Sec. 894.
District Day may be transferred to another day not specified in
the controlling rule either by unanimous consent or by adoption of a
special order of business from the Committee on Rules. Deschler Ch 21
Sec. 5.12.

Sec. 3 . Privilege; Precedence

The consideration of District business on the specified days is of
qualified privilege only. Deschler Ch 21 Sec. 5. District business
yields to:

Questions of the privileges of the House. Deschler Ch 21
Sec. 5.3.
Referral business on the Speaker's table. Manual Sec. 894;
Deschler Ch 21 Sec. 5.
Conference reports. 8 Cannon Sec. 3292; Deschler Ch 21 Sec. 5.

[[Page 467]]

A privileged resolution on the order of business from the
Committee on Rules. Deschler Ch 21 Sec. 5.4.
Motions to suspend the rules (within the discretion of the
Speaker). Deschler Ch 21 Sec. 5.1.
Motions to discharge. Manual Sec. 894; 7 Cannon Sec. 872.
Motions to resolve into the Committee of the Whole for the
consideration of appropriation bills. 6 Cannon Sec. Sec. 716-
718; 7 Cannon Sec. 876; Deschler Ch 21 Sec. 5.

On a District Day a motion to go into the Committee of the Whole
to consider District business and a motion to go into the Committee to
consider business generally privileged under a special order of
business are of equal privilege, and recognition to move either is
within the discretion of the Chair. 7 Cannon Sec. 877.

Sec. 4 . Consideration; Forms

Procedure

Business reported by committee relating to the District of
Columbia is normally taken up for consideration in the House as in the
Committee of the Whole. Deschler Ch 21 Sec. 5.7. If such business is
on the Union Calendar, it also may be considered in Committee of the
Whole by motion (Deschler Ch 21 Sec. 5.9), by unanimous consent
(Deschler Ch 21 Sec. 5.7), or by a special order of business (Deschler
Ch 21 Sec. 5.15).
The question of consideration may not be raised against District
business generally, but may be raised against a particular bill when
presented. 4 Hinds Sec. Sec. 3308, 3309.
When reported, private bills relating to the District of Columbia
may be called up for consideration on a District Monday. 4 Hinds
Sec. 3310; 7 Cannon Sec. 873; Deschler Ch 21 Sec. 5.10.

Form

Union Calendar Bills

Member in charge: M_. Speaker, I move that the House resolve
itself into the Committee of the Whole House on the state of the
Union for the [further] consideration of District of Columbia
business on the Calendar.

Note: The motion to go into the Committee of the Whole is not
debatable, is not subject to amendment, and may not be laid on the
table or indefinitely postponed. See Committees of the Whole.

Pending that, I ask unanimous consent that general debate be
limited to _____ hours, equally divided and controlled by myself and
the gentle___ from _____.

[[Page 468]]

Note: General debate in the Committee of the Whole may be limited
and divided in the House by unanimous consent, but a motion to limit
such debate is not in order until after general debate has begun and
the Committee rises. See Consideration and Debate.

In the House as in the Committee of the Whole

Speaker: This is District of Columbia day. The Chair recognizes
the gentle___ from _____, chair of the Committee on Oversight and
Government Reform.
Member: M_. Speaker, by direction of the Committee on Oversight
and Government Reform, I call up the bill (H.R._____) to
___________.
Speaker: The Clerk will report the title of the bill.
Member (after the reading): I ask unanimous consent that the bill
be considered in the House as in the Committee of the Whole.

Sec. 5 . -- Debate

Members of the committee with jurisdiction over District of
Columbia business have precedence in recognition for debate during
consideration of District business. 7 Cannon Sec. 875. General debate
in the Committee of the Whole is under the hour rule unless otherwise
provided by the House or the Committee. 7 Cannon Sec. 874; Deschler Ch
21 Sec. 5.7 (note). Such debate properly alternates between those
favoring and those opposing the pending proposition. Debate is general
debate and is not confined to the bill under consideration. 7 Cannon
Sec. 875. Where the bill is considered in the House as in the
Committee of the Whole, as is usually the case by unanimous consent,
there is no general debate. The bill is considered as read, and debate
and amendments proceed immediately under the five-minute rule. See
Committees of the Whole.

Sec. 6 . Disposition of Unfinished Business

District business that is unfinished on a day assigned to the
committee with jurisdiction normally goes over to the next eligible
day for that committee. 4 Hinds Sec. 3306. Accordingly, unless the
previous question has been ordered, unfinished business on District
Day does not come again before the House until the next District Day
(Deschler Ch 21 Sec. 5.13), at which time it must be affirmatively
called up by the Member in charge (Deschler Ch 21 Sec. 5.14).
Unfinished business on one District Day does not come up on the next
District Day unless called up by the committee. Manual Sec. 894; 4
Hinds Sec. 3307; 7 Cannon Sec. Sec. 879, 880.

[[Page 469]]

Sec. 7 . Procedure Under Home Rule Act

Under the District of Columbia Home Rule Act, the Congress retains
control over amendments to the District of Columbia Charter. An
amendment to the District of Columbia Charter is deemed repealed if
within 35 days a joint resolution disapproving such amendment is
enacted. Likewise, the enactments of the District of Columbia Council,
with certain exceptions, are deemed repealed if the Congress within a
specified period enacts a joint resolution of disapproval thereof. In
the House, such resolutions are referred to the Committee on Oversight
and Government Reform. A privileged motion to discharge that committee
is authorized under certain circumstances where matters affecting the
District of Columbia Criminal Code are involved. The motion is
debatable under the hour rule. The motion is privileged if made after
the 20-day period specified by the Home Rule Act. District of Columbia
Home Rule Act, Sec. Sec. 303, 602, 604; Manual Sec. 1130(5).
The present Home Rule Act requires that congressional disapproval
be expressed in a joint resolution (a concurrent resolution was
formerly permitted). Manual Sec. 1130(5). For a discussion of the
validity and constitutionality of resolutions of disapproval, see
Congressional Procedures Enacted in Law.
Disapproval resolutions are considered in the House unless the
enactment in question affects the U.S. Treasury, in which case they
are considered in the Committee of the Whole. Manual Sec. 1130(5).
When the committee has reported the resolution, or has been
discharged from its consideration, it is in order to move to consider
the resolution. This motion is highly privileged and is not debatable
or amendable. Debate on the resolution is limited to not more than 10
hours, to be equally divided. Motions to further limit debate are
permitted but are themselves not debatable. The resolution is not
subject to amendment or recommittal. Motions to postpone or to proceed
to the consideration of other business are not debatable. Manual
Sec. 1130(5).

[[Page 471]]

CHAPTER 21
DIVISION OF THE QUESTION FOR VOTING

HOUSE PRACTICE

A. Generally

Sec. 1. In General; Form
Sec. 2. Tests of Divisibility
Sec. 3. Demanding a Division

B. Division of Particular Propositions

Sec. 4. In General
Sec. 5. Simple or Concurrent Resolutions
Sec. 6. -- Resolutions Naming Two or More Individuals
Sec. 7. -- Special Orders of Business
Sec. 8. Amendments
Sec. 9. -- En Bloc Amendments
Sec. 10. Motions to Strike
Sec. 11. Motions to Strike and Insert
Sec. 12. Motions to Suspend the Rules
Sec. 13. Motions to Recommit; Motions to Instruct Conferees
Sec. 14. Motions to Table
Sec. 15. Senate Amendments

C. Consideration of Divided Propositions

Sec. 16. In General
Research References
5 Hinds Sec. Sec. 6106-6162
8 Cannon Sec. Sec. 3163-3176
Deschler-Brown Ch 30 Sec. Sec. 42-52
Manual Sec. Sec. 480-482, 919-921

[[Page 472]]

A. Generally

Sec. 1 . In General; Form

Under clause 5 of rule XVI, a question that consists of two or
more separable substantive propositions is subject to a division of
the question, if demanded, so as to obtain a separate vote on each
proposition. Deschler-Brown Ch 30 Sec. 42. The procedure is applicable
in the Committee of the Whole as well as in the House. See, e.g.,
Deschler-Brown Ch 29 Sec. 42.12.
The rule prohibits its application to special orders of business
from the Committee on Rules, to propositions electing Members to
standing or joint committees, and to a motion to strike and insert.
Manual Sec. 919. The entire rule may be suspended by the adoption of a
resolution from the Committee on Rules. 7 Cannon Sec. 775.

Sec. 2 . Tests of Divisibility

To be divided for a vote, a question must consist of at least two
separate and distinct propositions both grammatically and
substantively, so that if one proposition is rejected, a separate
proposition logically will remain. Manual Sec. 921; 8 Cannon
Sec. 3165; Deschler-Brown Ch 30 Sec. Sec. 42.1, 42.3. In passing on a
demand for division, the Chair considers only the severability of the
propositions and not the merits of the question presented. 5 Hinds
Sec. 6122.
The requirement that there must be at least two substantive
propositions in order to justify division is strictly enforced. 5
Hinds Sec. Sec. 6108-6113. If either proposition, standing alone, is
not a distinct substantive proposition, the question is not divisible,
even though each portion is grammatically complete. 7 Cannon
Sec. Sec. 3165, 3167. However, in dividing a question into separate
propositions, some restructuring of the language used is permissible.
Manual Sec. 921; 5 Hinds Sec. Sec. 6114-6118.

Sec. 3 . Demanding a Division

A request for a division of the question does not require
unanimous consent, and no motion is made. Deschler-Brown Ch 30
Sec. 42.4. The Member seeking a division rises and addresses the
Chair:

Member: M_. Speaker, I demand a division of the question.
Speaker: The gentle___ will indicate the proposition(s) on which a
separate vote is desired. . . .
Speaker: The gentle___ requests a division, and that portion of
the proposition will be divided for a separate vote.
[Or]

[[Page 473]]

Opponent: M_. Speaker, I make the point of order that the question
is not susceptible of division, and that the portions indicated by
the gentle___ do not constitute separate substantive propositions.

A demand for a division of a question is in order even after the
previous question has been ordered. 5 Hinds Sec. Sec. 5468, 6149; 8
Cannon Sec. 3173. Under clause 5 of rule XVI, the demand for a
division is in order before the question is put to the House for a
vote. Deschler-Brown Ch 30 Sec. 42.4. The question may not be divided
after it has been put or after the yeas and nays have been ordered. 5
Hinds Sec. Sec. 6160-6162. The demand is likewise untimely if the
question is one against which a point of order has been raised and is
pending. 8 Cannon Sec. 3432.
A demand for a division of the question may be withdrawn. However,
withdrawal is permitted only by unanimous consent once the Chair has
put the question on the first portion to be voted on. Manual Sec. 921;
Deschler-Brown Ch 30 Sec. 42.11. A demand having been made by one
Member, another Member may demand a further division, if the
proposition is susceptible to such further division. 111-2, May 28,
2010, p __.

B. Division of Particular Propositions

Sec. 4 . In General

Generally; Distinction Between Bills and Resolutions

Whether a division of the question may be demanded depends on the
nature of the pending matter and on whether it meets the tests of
divisibility imposed by rule XVI. Sec. 2, supra. Certain House
resolutions--whether simple or concurrent--are subject to the demand.
Sec. 5, infra. However, bills and joint resolutions are not divisible.
A separate vote may not be demanded on various provisions set forth in
such a measure or on its preamble. 5 Hinds Sec. Sec. 6144-6147; 8
Cannon Sec. 3172. When the previous question has been ordered on
adoption of a measure containing a series of simple resolutions, they
may be divided. 5 Hinds Sec. 6149.
The question of engrossment and third reading of a bill under
clause 8 of rule XVI is not subject to a demand for a division of the
question. Manual Sec. 943. Certain amendments, such as a compound
motion to strike (Sec. 10, infra), may be divided. However, most other
motions are not divisible. A motion for the previous question on a
proposition and an amendment thereto is not divisible. Manual
Sec. 996; Deschler-Brown Ch 30 Sec. 46.1. Division of the question is
possible on a motion that a Member-elect's creden

[[Page 474]]

tials be referred to committee and that such individual be sworn. 5
Hinds Sec. 6117.

Appeals

There may be a division of the question on an appeal from a
decision of the Speaker if the decision involves two or more separate
and distinct questions. 5 Hinds Sec. 6157.

Sec. 5 . Simple or Concurrent Resolutions

A simple or concurrent resolution may be subject to a demand for a
division of the question if it satisfies the test of divisibility
imposed by rule XVI. Sec. 2, supra. Thus, a concurrent resolution on
the budget is subject to a demand for a division of the question if
the resolution grammatically and substantively relates to different
fiscal years or includes a separate, hortatory section having its own
grammatical and substantive meaning. Manual Sec. 921; Deschler-Brown
Ch 30 Sec. 42.5. An impeachment resolution has been divided for a
separate vote on each article. Manual Sec. 921; 6 Cannon Sec. 545.
To be subject to a demand for a division of the question, a
resolution must present two or more separate and distinct substantive
propositions. It has been held that a resolution (1) censuring a
Member and (2) adopting the committee report recommending such censure
on the basis of the committee's findings is not divisible because
these questions are substantively equivalent. Deschler-Brown Ch 30
Sec. 42.2. An adjournment resolution that also authorizes the receipt
of veto messages from the President during the adjournment is not
subject to a division of the question, as the receipt authority would
be nonsensical standing alone. Manual Sec. 921.
It is not in order to demand a division of the question on matters
that are merely incorporated by reference in the pending resolution.
For example, when a resolution to adopt a series of rules, referred to
but not made a part of the resolution, is before the House, it is not
in order to demand a separate vote on each rule. 5 Hinds Sec. 6159.

Sec. 6 . -- Resolutions Naming Two or More Individuals

Under clause 5 of rule XVI, a resolution electing Members to
standing or joint committees is not divisible. However, other types of
resolutions relating to two or more named individuals may be divided
for the purpose of voting. Deschler-Brown Ch 30 Sec. 49. For example,
a resolution confirming the nomination of certain individuals to
executive branch offices is subject to a division of the question so
as to obtain a separate vote on each nominee. Deschler-Brown Ch 30
Sec. 49.2. A resolution with two resolve clauses

[[Page 475]]

separately certifying the contemptuous conduct of two individuals is
divisible. Manual Sec. 921. Similarly, a resolution with one resolve
clause certifying contemptuous conduct of several individuals may be
divisible. Manual Sec. 299; but see Deschler-Brown Ch 30 Sec. 49.1.
A resolution relating to two or more named individuals may be
divided even though that may require a grammatical reconstruction of
the text. 5 Hinds Sec. 6121. A word that is a mere formality, such as
``resolved,'' is sometimes supplied by interpretation of the Chair. 5
Hinds Sec. Sec. 6114-6118.

Sec. 7 . -- Special Orders of Business

Under clause 5 of rule XVI, resolutions reported from the
Committee on Rules providing a special order of business are not
divisible. However, other types of special orders of business from
that committee are subject to a demand for a division where the
resolution contains separate and distinct substantive propositions.
For example, a resolution reported from that committee establishing
two or more select committees is subject to a demand for a division of
the question. Manual Sec. 921.

Sec. 8 . Amendments

Generally

Clause 5 of rule XVI permits a division of the question on an
amendment on the demand of any Member where the amendment is properly
divisible into two or more substantive propositions. A division is in
order on an amendment if the amendment contains propositions so
distinct in substance that, one being taken away, a substantive
proposition remains. Manual Sec. 921; Deschler-Brown Ch 30 Sec. 42.13.
Thus, an amendment offered to an appropriation bill providing that no
part of the appropriation may be paid to named individuals may be
divided for a separate vote on each name. Deschler-Brown Ch 30
Sec. 49.4. An amendment in the form of a motion to strike and insert
is not divisible. See Sec. 11, infra.

Amendments in Committee of the Whole

The rule permitting a division of the question is applicable to an
amendment (other than a motion to strike and insert) consisting of two
or more substantive propositions under consideration in the Committee
of the Whole. Deschler-Brown Ch 30 Sec. 43. A request for a division
of the question on such an amendment may be made at any time before
the Chair puts the question thereon. 5 Hinds Sec. 6162. An amendment
reported to the House from the Committee of the Whole as a discrete
amendment is not subject

[[Page 476]]

to a division of the question in the House. 4 Hinds Sec. Sec. 4883-
4892; see generally Committees of the Whole.

Perfecting Amendments; Substitute Amendments

An amendment adding language to the pending text is divisible if
the language to be added contains two or more distinct propositions. 5
Hinds Sec. Sec. 6129, 6133. However, an amendment in the nature of a
substitute is not subject to a demand for a division of the question.
5 Hinds Sec. 6127; 8 Cannon Sec. 3168. The division of a motion to
strike and insert is precluded by House rule. Sec. 11, infra.
A division of the question may be demanded on an amendment either
before amendments are adopted thereto, or on the amendment as amended
(assuming that perfecting amendments or an adopted substitute do not
destroy the divisibility of the amendment as amended). Manual
Sec. 921.
A negative vote on a motion to strike a portion of a pending
amendment does not prevent a demand for a division of that portion of
the amendment if it is a separate proposition and therefore properly
severable. Deschler-Brown Ch 30 Sec. 43.1.

Sec. 9 . -- En Bloc Amendments

Consideration of several amendments en bloc by unanimous consent
or otherwise does not prevent a division of the question from being
demanded so as to obtain a separate vote on one of the amendments.
Deschler-Brown Ch 30 Sec. Sec. 43.4-43.6. In fact, a Member may be
permitted to offer several amendments en bloc and then demand a
division of the question for a separate vote on each one. Deschler-
Brown Ch 30 Sec. 43.4. However, amendments en bloc proposing only to
transfer appropriations among objects in a general appropriation bill
(without increasing the levels of budget authority or outlays in the
bill), when considered en bloc pursuant to clause 2(f) of rule XXI,
are not subject to a demand for division of the question in the House
or in the Committee of the Whole.

Sec. 10 . Motions to Strike

A motion to strike various separate provisions of a pending
proposition may be divided for purposes of voting. 8 Cannon Sec. 3166.
Thus, an amendment proposing to strike two or more sections of a
pending amendment may be divided in order to obtain separate votes on
the proposal to strike each section. Manual Sec. 921. However, an
amendment proposing to strike a provision in a bill--and to
redesignate subsequent paragraphs accordingly--is not subject to a
demand for a division because it contains only one substantive

[[Page 477]]

proposition. 93-2, Dec. 10, 1974, p 38746. A motion to strike is not
grammatically divisible. However, where there is pending a motion to
strike a pending provision, a perfecting amendment to the underlying
text may be offered to strike a lesser portion of the provision; and
the perfecting amendment is voted on first. Deschler Ch 27
Sec. Sec. 17.26, 24.13.

Sec. 11 . Motions to Strike and Insert

Although a motion to insert may be divisible (Sec. 8, supra), the
division of a motion to strike and insert is precluded by clause 5(c)
of rule XVI. Manual Sec. 920. The indivisibility of a motion to strike
and insert under clause 5(c) operates not only between each branch of
the motion (i.e. the striking branch and the inserting branch) but
also within each branch. 8 Cannon Sec. 3169; see also 5 Hinds
Sec. 6124. An amendment comprising two discrete instructions to strike
and insert may be divided. Manual Sec. 921. 105-2, June 4, 1998, pp
11063, 11064, 11071-75.
A simple motion to strike may not be offered as a substitute for a
motion to strike certain words and insert others, as that would have
the effect of dividing the motion to strike and insert. Manual
Sec. 920.

Sec. 12 . Motions to Suspend the Rules

A question being considered pursuant to a motion to suspend the
rules may not be divided for a vote. 5 Hinds Sec. Sec. 6141-6143; 8
Cannon Sec. 3171. Although a proposition may be subject to a division
of the question under rule XVI, it cannot be divided if rule XVI is
suspended. 5 Hinds Sec. 6143; see generally Suspension of Rules.

Sec. 13 . Motions to Recommit; Motions to Instruct Conferees

A motion to recommit with instructions is not subject to a demand
for a division of the question. It is not in order to demand a
separate vote even where the motion includes separate branches of
instructions to the reporting committee. Manual Sec. 921; 5 Hinds
Sec. Sec. 6134-6137; 8 Cannon Sec. 3170. However, an amendment
reported forthwith pursuant to instructions contained in a successful
motion to recommit may be divided on the question of its adoption if
composed of substantively and grammatically distinct propositions.
Manual Sec. 921.
Instructions in a motion to recommit a conference report may not
be divided. Deschler-Brown Ch 30 Sec. 45.2. Likewise, an initial
motion to instruct conferees may not be divided, as only one such
motion is permitted. 8 Cannon Sec. 3236. However, a division has been
permitted on a motion to instruct under clause 7(c) of rule XXII
(which permits multiple motions to

[[Page 478]]

instruct after the conferees have failed to report for 20 calendar
days and 10 legislative days), provided separate substantive
propositions are presented. Manual Sec. 921.

Sec. 14 . Motions to Table

Because a motion to lay on the table is a summary motion, its only
purpose being to defeat the pending proposition, it has been held that
the motion to table is not subject to a demand for a division of the
question. 5 Hinds Sec. 6140. A division of the question is not in
order even if the motion is applicable to two or more separate and
distinct propositions, such as a series of resolutions. 5 Hinds
Sec. 6138. A motion to table a resolution and pending amendments is
likewise indivisible. 5 Hinds Sec. Sec. 6139, 6140.

Sec. 15 . Senate Amendments

Generally; Motions to Concur

On the question of agreeing or disagreeing to a Senate amendment,
it is not in order to demand a division so as to vote separately on
different portions of the amendment. 5 Hinds Sec. Sec. 6151, 6156. The
amendment must be voted on as a whole. 8 Cannon Sec. 3175. However,
when two or more Senate amendments are considered en bloc in the
House, a separate vote may be had on each amendment. 8 Cannon
Sec. Sec. 2383, 2400, 3191. A special order of business may create a
division of the question on concurring in a Senate amendment. See
Special Orders of Business. After the stage of disagreement, clause 10
of rule XXII permits separate votes on rejecting nongermane portions
of Senate amendments. See Germaneness of Amendments.

Motions to Concur with an Amendment

A House amendment proposed in a motion to concur in a Senate
amendment with an amendment is divisible if the proposed House
amendment is in divisible form. Manual Sec. 921. However, such a
motion may not be divided between concurring and amending. 8 Cannon
Sec. 3176.
A proposed House amendment to a Senate amendment is not divisible
if the House amendment is in the form of a motion to strike and
insert, as such motions are specifically indivisible under House rule.
Deschler-Brown Ch 30 Sec. 48; Sec. 11, supra.

Motions to Recede and Concur

A division may be demanded on a motion to recede from disagreement
and concur in a Senate amendment. 5 Hinds Sec. 6209; 8 Cannon
Sec. Sec. 3197-

[[Page 479]]

3199. The question having been divided and the House having receded, a
motion to amend takes precedence over the motion to concur (5 Hinds
Sec. Sec. 6209-6211; 8 Cannon Sec. 3198), even after the previous
question has been ordered on both motions (Manual Sec. 525).

C. Consideration of Divided Propositions

Sec. 16 . In General

Amendment and Debate; Putting the Question

Where a division of the question has been demanded on separable
portions of a proposition subject to amendment, amendments to the
separable portions remain in order. However, once the Chair has put
the question on the first portion, no further amendments to that
portion are in order. 94-2, Sept. 9, 1976, p 29538-40. After a vote
has been taken on the first portion, the second is open to debate and
amendment unless the previous question is ordered. Manual Sec. 921.
Where a division of the question is demanded on a separable
portion of an amendment, the Chair puts the question first on the
remaining portion of the amendment, and that portion on which a
division is demanded may remain open for further debate and amendment.
Manual Sec. 482. If a division of the question is demanded on more
than one portion of an amendment, the Chair may put the question first
on the unaffected portions of the amendment (if any), then (after
further debate) on the first part on which a division is requested,
and then (after further debate) on the subsequent divisible portions.
Manual Sec. 921. Where neither portion of a divided question remains
open to further debate or amendment, the question may be put first on
the portion identified by the demand for division and then on the
remainder. Manual Sec. 921.
Where the question on adopting an amendment is divided by special
order of business (rather than on demand from the floor), the Chair
may put the question on each divided portion of the amendment in the
order in which it appears. Manual Sec. 921.

Voting

A question having been divided for a vote, the vote may be taken
by one of the voting methods authorized by the House rules, such as
voice vote, division vote, or record vote. See Voting. The motion to
reconsider applies separately to each portion of the divided question
and continues to be available even after disposition of a motion to
reconsider only one portion of the divided question. However,
frequently the motion to reconsider

[[Page 480]]

each portion is laid on the table en bloc by unanimous consent. 5
Hinds Sec. 5609; 105-2, Dec. 19, 1998, pp 28110-12.

[[Page 481]]

CHAPTER 22
ELECTION CONTESTS AND DISPUTES

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Jurisdiction and Powers
Sec. 3. Parties
Sec. 4. Consideration and Disposition
Sec. 5. -- Dismissal
Sec. 6. -- Debate and Voting; Amendment
Research References
U.S. Const. art. I, Sec. 5
1 Hinds Sec. Sec. 634-755
6 Cannon Sec. Sec. 90-189
Deschler Ch 9
Manual Sec. Sec. 701, 724, 853

Sec. 1 . In General

Contests for seats in the House are governed by the Federal
Contested Elections Act. 2 USC Sec. 381. This statute, enacted in
1969, sets forth the procedure by which a defeated candidate may have
a claim to a seat adjudicated by the House. The Act provides for the
filing of notice of contest and other proceedings, for the taking of
testimony of witnesses, and for a hearing by the Committee on House
Administration on such depositions and other papers as have been filed
with the Clerk. 2 USC Sec. Sec. 381-396. Acting on committee reports,
the House then disposes of the case by resolution. See Sec. 4, infra.
The grounds for an election contest and the defenses available to
the contestee, as well as the process of taking testimony and other
procedures followed in determining the contest in committee, are
treated elsewhere. See Deschler Ch 9 and Ch 9 Appendix for complete
treatment of contested election cases from the 65th Congress (1917)
through the 92d Congress (1972).
Notwithstanding the availability of the statutory election-contest
procedures discussed herein, some election disputes have been
presented directly to the House for consideration and committee
investigation. See, e.g., H.

[[Page 482]]

Rept. 99-58. An investigation of a challenged election has been
initiated pursuant to:

An action by the House in directly referring to the Committee
on House Administration the question of a Member-elect's right
to a seat. Deschler Ch 2 Sec. 6.
A protest filed by an elector of the district concerned.
Deschler Ch 9 Sec. 17.1.
A petition filed by another person challenging the
qualifications of a Member-elect. Deschler Ch 9 Sec. 17.3.

The latter two procedures have rarely been invoked and they preceded
the adoption of the modern contested election statute.

The right to a seat in the House also may be affected by House
action on a motion to expel, where a sitting Member's conduct is at
issue. See Ethics; Committee on Ethics.

Sec. 2 . Jurisdiction and Powers

Generally

The Constitution authorizes each House to be the judge of the
elections, returns, and qualifications of its Members. U.S. Const.
art. I, Sec. 5. Thus, the House is entitled to judge contested
elections involving its seats, and is not bound by agreement of the
parties or decisions of State tribunals. 6 Cannon Sec. Sec. 90-92. The
determination by the House as to the right to a seat is final, being
considered a nonjusticiable political question. Roudebush v. Hartke,
405 U.S. 15 (1972).
Pursuant to the contested election statute, the House acquires
jurisdiction of an election contest upon the filing of a notice of
contest by a candidate. Deschler Ch 9 Sec. 4.1. Ordinarily, the papers
relating to the contest are transmitted by the Clerk to the Committee
on House Administration (the committee with jurisdiction over
elections contests under clause 1(k) of rule X. Such transmission is
pursuant to the statute and needs no formal referral or other action
by the House. 2 USC Sec. 393(b); Deschler Ch 9 Sec. 4. However, the
House itself may initiate an election investigation if a Member-
elect's right to take the oath is challenged by another Member, by
referring the question to the committee. Deschler Ch 2 Sec. 6. The
House also may summarily dismiss a contest by resolution. Deschler Ch
9 Sec. Sec. 4.4, 4.5.
Where two persons claim the same seat from the same district, the
House may refuse to permit either candidate to take the oath pending a
determination of their rights by the House. Deschler Ch 9 Sec. 4.3.

[[Page 483]]

Election contests may be investigated by a special committee, by a
subcommittee of the Committee on House Administration, or by ad hoc
panels. Deschler Ch 9 Sec. Sec. 5.2-5.4.

Recounts of Votes

To obtain an order from the House for a recount of votes in an
election contest, the contestant should show that remedies to secure a
recount under State law have been exhausted and that evidence and
testimony have been taken in the matter. Deschler Ch 9 Sec. Sec. 41.1,
41.3. Although the committee with jurisdiction has authority to
require a recount of votes for a contested seat in the House, the
committee may decline to order such a recount where the highest court
of the State has conducted a recount and where the contestant has not
demonstrated that a recount would change the result of the election.
96-2, Mar. 4, 1980, pp 4490, 4491.

Sec. 3 . Parties

Under the controlling statute, ``a candidate for election'' to the
House ``in the last preceding election'' is given the right to
initiate a contest by filing the notice required by law. 2 USC
Sec. 382(a). The statute defines ``candidate'' to mean one whose name
was on the official ballot or who received write-in votes under
certain conditions. 2 USC Sec. 381(2). Thus, a candidate in the
primary whose name was not on the ballot in the general election lacks
the requisite standing to initiate a contest, and this was true even
under the predecessor contested election statute. Deschler Ch 9
Sec. 19.01. Similarly, the House has dismissed a contest filed by one
who was a candidate in a special election to fill a vacancy but was
not a candidate in a succeeding run-off election. 95-1, Oct. 27, 1977,
p 35408.
A lack of standing of a contestant to initiate the contest is a
defense that may be raised at the option of the contestee by motion. 2
USC Sec. 383(b).

Sec. 4 . Consideration and Disposition

Precedence and Privilege

Under article I, section 5 of the Constitution and rule IX, the
consideration of a contested election case constitutes a question of
privilege. 3 Hinds Sec. Sec. 2579, 2580, 2626. It takes precedence
over the consideration of veto messages from the President (5 Hinds
Sec. Sec. 6641, 6642), special orders of business (3 Hinds Sec. 2554),
and business in order on Calendar Wednesday (8 Cannon Sec. 2276).

[[Page 484]]

Reports and Resolutions

The House generally disposes of election contests by acting on a
resolution, which under the modern practice is reported from the
Committee on House Administration. Manual Sec. 724. A resolution is
used to dispose of the case even where dismissal has been stipulated
by the parties. Deschler Ch 9 Sec. 52.5.
Under clause 5 of rule XIII, committee reports relating to the
right of Members to their seats are privileged and are so reported
from the floor. Manual Sec. 853. Resolutions disposing of an election
contest also are questions of privilege and may be called up at any
time. 105-2, Feb. 12, 1998, pp 1323, 1324. However, unreported
resolutions are subject to the notice requirement of rule IX. Manual
Sec. 701; Deschler Ch 9 Sec. Sec. 42.3, 42.4.
The resolution may:

Declare one of the parties entitled to the seat. Deschler Ch 9
Sec. Sec. 42.2, 62.2.
Declare one of the parties not competent to bring the contest.
Deschler Ch 8 Sec. 13.1.
Declare that neither party should be seated pending a
committee investigation. Deschler Ch 9 Sec. 42.15.
Declare the seat vacant. Deschler Ch 9 Sec. Sec. 42.11, 42.12.
Dispose of the contest upon expiration of a specified day.
Manual Sec. 701.
Dismiss the contest. See Sec. 5, infra.
Provide for payment or reimbursement from the applicable
accounts of the House for costs incurred in the contest or its
investigation. Deschler Ch 8 Sec. 13.4; Deschler Ch 9
Sec. Sec. 45.1-45.6; see also 2 USC Sec. 396 (permitting the
committee to allow any party reimbursement for reasonable
expenses in the case).

Sec. 5 . -- Dismissal

A motion to dismiss will lie under the Federal Contested Elections
Act to permit the contestee to interpose certain defenses to the
contestant's claim or notice of contest. 2 USC Sec. 383(b). Such a
motion may be acted on by the House pursuant to a privileged
resolution reported from the Committee on House Administration. Manual
Sec. Sec. 850, 853.
Under this statute, the burden of proof is on the contestant to
present sufficient evidence, even before the formal submission of
testimony, to overcome the motion to dismiss. Deschler Ch 9 Sec. 35.7.
A motion to dismiss will lie where the contestant has not adduced
evidence or forwarded testimony in the manner prescribed by law or has
failed to demonstrate that there is some documentable basis for the
allegations. Deschler Ch 9 Sec. Sec. 25.1-25.5. Under the statute, the
contestant has the burden of proving sufficient evidence to show that
the result of the election would be changed or that the

[[Page 485]]

House should conduct a complete recount. 95-1, May 9, 1977, p 13954;
99-1, Oct. 2, 1985, p 25665. Evidence that the contestant received
more votes than the contestee in a prior election is insufficient. 95-
1, Oct. 27, 1977, p 35408. Merely suggesting the probability of error
in the tabulation of votes, without offering evidence of a change in
the election result, is likewise insufficient. 95-1, May 9, 1977, p
13954. Where the number of illegal votes shown by clear and convincing
evidence to have been cast in an election is less than the total
margin of victory of the contestee, the House may adopt the
recommendation of the Committee on House Administration dismissing the
election contest. The clear and convincing standard was used rather
than a proportionate reduction methodology that would have allocated
the illegal votes scientifically between the parties. 105-2, Feb. 12,
1998, pp 1323, 1324.

Sec. 6 . -- Debate and Voting; Amendment

Generally

Resolutions disposing of election contests have been determined by
voice vote and without debate. Deschler Ch 9 Sec. 42.5. Normally,
however, debate on the resolution is under the hour rule, with
extensions of time permitted by unanimous consent. The debate may be
divided among certain Members, with the previous question considered
as ordered at the conclusion thereof. Deschler Ch 9 Sec. Sec. 42.9,
59.1. The Member supporting the recommendation of the committee in the
contest is entitled to close debate. Deschler Ch 9 Sec. 42.8.
The resolution may be subject to a demand for a division of the
question if its form permits (Deschler Ch 9 Sec. 42.14) and to a
motion to recommit with instructions (Deschler Ch 9 Sec. 42.16). The
resolution is not subject to amendment unless the Member controlling
the time for debate yields for that purpose or the previous question
is voted down. Deschler Ch 9 Sec. 42.17. If the manager of the
resolution yields for an amendment, the floor is lost to the proponent
of the amendment. Deschler-Brown Ch 29 Sec. 30.8. Where the previous
question is ordered on both the resolution of dismissal and on the
preamble, the preamble is not separately voted on or amended except as
part of a motion to recommit. 105-2, Feb. 12, 1998, pp 1333, 1334.

Participation by the Parties

If not a sitting Member, the contestant in an election contest may
be permitted on the floor under clause 2 of rule IV during the
consideration of the case in the House but must abide by the rules of
proper decorum. Manual Sec. 622; Deschler Ch 4 Sec. 4.5; Deschler Ch 9
Sec. 42.6. Furthermore, such

[[Page 486]]

contestant is not allowed to participate in the debate absent an order
of the House. 1 Hinds Sec. Sec. 662, 666.
If a sitting Member, a contestee may participate in debate on the
resolution disposing of the contest and insert remarks in the
Congressional Record. Deschler Ch 9 Sec. Sec. 42.6, 42.7; 105-2, Feb.
12, 1998, p 1327. Such contestee also may vote on the resolution. 99-
1, Oct. 2, 1985, p 25670.

[[Page 487]]

CHAPTER 23
ELECTION OF MEMBERS

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Campaign Practices
Sec. 3. Certificates of Election
Sec. 4. Resignations; Deaths; Filling Vacancies
Research References
U.S. Const. art. I, Sec. 5, cl. 1
1 Hinds Sec. Sec. 277-633
6 Cannon Sec. Sec. 38-89
Deschler Ch 8

Sec. 1 . In General

Generally

Although Congress has enacted extensive legislation to protect the
right to vote and to secure the process against fraud, bribery, and
illegal conduct, the actual mechanism for conducting and holding
congressional elections has been left largely to the States. Deschler
Ch 8 Sec. Sec. 5, 7. However, under article I, section 5, clause 1 of
the Constitution, the ultimate validity of elections rests on
determinations by the House and Senate as final judges of the
elections and returns of their respective Members. Deschler Ch 8
Sec. 5. Therefore, where the conduct of election officials or of
candidates and their agents constitutes fraud or illegal control of
election machinery, the House or Senate may void an election and
refuse to administer the oath to a Member-elect. Deschler Ch 8 Sec. 7;
see Deschler Ch 8 for complete treatment of elections and election
campaigns.

Apportionment and Reapportionment

Since the admission of Alaska and Hawaii to statehood, the total
membership of the House has remained fixed by statute at 435 seats.
Manual Sec. 227. By law, these 435 seats are automatically apportioned
among the States according to each decennial census. 2 USC Sec. 2a.
Under this law, a statistical model known as the ``method of equal
proportions'' is used to determine the number of Representatives to
which each State is entitled. Although other methods for apportioning
House seats may be permitted, the equal proportions method chosen by
Congress has been

[[Page 488]]

upheld under the Constitution and was plainly intended to reach as
close as practicable the goal of ``one person, one vote.''
Massachusetts v. Mosbacher, 785 F. Supp. 230 (D. Mass. 1992), rev'd on
other grounds Franklin v. Massachusetts, 505 U.S. 788 (1992). The
courts also have recently upheld under Federal law and the
Constitution a counting methodology used by the Census Bureau in a
decennial census. This method, known as ``imputation,'' was held to be
different than ``sampling,'' a method prohibited under section 195 of
title 13, United States Code. Utah v. Evans, 536 U.S. 452 (2002). The
method of apportioning the seats in the House is vested exclusively in
Congress, and neither States nor courts may direct greater or lesser
representation than that allocated by statute. Deschler Ch 8 Sec. 1.
The States create their own congressional districts, which must be
redrawn after reapportionment so that each district is as equally
populated as practicable. Manual Sec. 229.
Section 2a of title 2, United States Code, mandates the manner in
which a State must conduct an election after any apportionment but
before the State is redistricted. Section 2a addresses an election
where the number of Representatives has not changed, has increased, or
has decreased. The authority under section 2a(c) of title 2 for a
State to retain an at-large seat pending its redistricting should be
read in light of section 2c of title 2, which requires all States
entitled to more than one seat to elect representatives only from
single-Member districts. Manual Sec. 227.
Reapportionment proposals have been considered in the House, but
have no privileged status under the Constitution and cannot interrupt
the regular proceedings of the House. Deschler Ch 8 Sec. 2.
Reapportionment legislation also has been considered in the Committee
of the Whole. Deschler Ch 8 Sec. 2.5. Under clause 1(l) of rule X,
proposals relating to apportionment are within the jurisdiction of the
Committee on the Judiciary.

Sec. 2 . Campaign Practices

The power of Congress to regulate the election process extends to
the regulation of campaign practices. Deschler Ch 8 Sec. 10. The
Federal Election Campaign Act established a new and comprehensive code
for campaign practices and expenditures, and contains provisions for
investigations and enforcement. 2 USC Sec. 431.
The Federal Election Commission is the agency empowered with
primary jurisdiction over the administration, interpretation, and
civil enforcement of the Federal Election Campaign Act. Federal
Election Comm'n v. American Intern. Demographic Services, Inc., 629 F.
Supp. 317 (E.D. Va. 1986). However, the House itself has the power to
judge elections and to

[[Page 489]]

determine whether a candidate was improperly elected to a seat. If
violations of the election campaign statutes are so extensive as to
render an election void, the House may deny the right to a seat.
Deschler Ch 8 Sec. 12.
Under clause 1(k) of rule X, the Committee on House Administration
has jurisdiction over measures relating to the election of the
President, Vice President, or Members of Congress and over measures
relating to the raising, reporting, or use of campaign contributions
for House candidates. Investigations of specific elections or election
practices usually are undertaken by that committee. See, e.g., 105-2,
H. Res. 355, Feb. 12, 1998, p 453. Investigations of Members'
elections may be conducted under the statutory election-contest
procedures or offered on the floor of the House as questions of
privilege. Manual Sec. 701; see Election Contests and Disputes.
Formerly, investigations were undertaken by select committees created
to review election campaigns and proceedings, which were created by
privileged resolution reported from the Committee on Rules. Deschler
Ch 15 Sec. 1.3. Under the modern practice, investigations are
undertaken by the Committee on House Administration.
A Member's resignation during an investigation effectively
terminates the investigation, because the Committee on House
Administration has no further jurisdiction in the matter thereafter.
95-1, May 4, 1977, p 13391.
Under clause 5 of rule XIII, a resolution reported from the
Committee on House Administration relative to the right of a Member to
a seat is considered as privileged. Deschler Ch 8 Sec. 13.5.

Sec. 3 . Certificates of Election

Certificates of election are issued by each State after
congressional elections have been conducted and the results tabulated.
The certificates, also termed ``credentials,'' are sent to the Clerk
of the House for use in composing the Clerk's roll. Although the
certificate is not essential to the administration of the oath, any
Member or Member-elect has the right to object thereto, by delivering
a challenge either to the validity of the election or to the validity
of the certificate itself. Deschler Ch 8 Sec. 15. For a discussion of
challenging the administration of the oath, see Oaths.
The House (and not the Speaker or other official) determines
whether a Member may be sworn in after an election certificate has
been challenged. If a challenge has been directed to a mere
irregularity in the form of the certificate, the House will ordinarily
seat the Member-elect and declare such individual finally entitled to
the seat. Deschler Ch 8 Sec. 17.1. However, if a certificate is
challenged through an election contest or by an allegation of election
irregularities, the House may authorize the Member-elect to be

[[Page 490]]

sworn but provide that the question of the final right to the seat be
referred to committee. That procedure often is followed where a
certificate is on file in order not to deprive a State of
representation in the House because of protracted proceedings.
Deschler Ch 8 Sec. 16.4. Another procedural option that may be pursued
by the House is to declare that neither candidate be sworn and that
the question of prima facie and final right to the seat be referred to
committee. Manual Sec. 204.
A circumstance which may require the nullification of a
certificate is the intervening death or disappearance of the Member-
elect named therein. Deschler Ch 2 Sec. Sec. 4.8, 4.9.
The House does not always require a certificate in seating a
Member-elect. If such individual appears without a certificate but the
election is uncontested and unquestioned, the House may authorize such
Member-elect to be sworn by unanimous consent. Manual Sec. 204. A
photographic copy of the original certificate has been accepted
without invoking the unanimous-consent procedure. 106-1, June 8, 1999,
p 3773. In some cases where a certificate is delayed, the State
represented will deliver informal communications to the House
attesting to the validity of the election of the Member-elect. The
House may accept such communications by unanimous consent in the
absence of a certificate. Deschler Ch 2 Sec. 3.3. Even where a Member-
elect arrives without a certificate and the election of such
individual is disputed, the House may by resolution authorize the
swearing of such Member-elect. Deschler Ch 8 Sec. 17.2.

Sec. 4 . Resignations; Deaths; Filling Vacancies

A Member properly submits a resignation to an official designated
by State law and simply informs the House of such action, the latter
communication being satisfactory evidence of the resignation. Manual
Sec. 19; 1 Hinds Sec. 567; Deschler-Brown-Johnson Ch 37 Sec. 3.
Where a vacancy arises in the House by death, resignation,
declination, or action of the House, the vacancy must be officially
declared in order that a special election may be held. Deschler-Brown-
Johnson Ch 38 Sec. 2. Usually, the State executive declares the
vacancy to exist, particularly in cases of death, declination, or
resignation. Deschler Ch 8 Sec. 9. The State executive then issues a
writ of election to fill the vacancy. U.S. Const. art. I, Sec. 2, cl.
4. If a Governor does not recognize the existence of a vacancy, such
as in the case of a presumed death not susceptible of proof, the House
itself may initiate the action to have the seat declared vacant.
Deschler Ch 8 Sec. 9.5. Such a declaration is proper where independent
House action has created a vacancy by expulsion or exclusion of a
Member. Deschler Ch 8 Sec. 9. In

[[Page 491]]

such cases, the House, by privileged resolution, directs the Speaker
to notify the State executive. Manual Sec. 22. The State executive
also is notified where the Member purports to resign directly to the
Speaker, rather than to the relevant State official of such Member's
State as is customary. Deschler-Brown-Johnson Ch 37 Sec. 3.2.
Under clause 5 of rule XX, in the case of the death of a Member,
the Speaker may lay before the House such documentation from Federal,
State, or local officials deemed pertinent. Deschler-Brown-Johnson Ch
38 Sec. 5.
A resolution declaring a seat vacant is used where a Member-elect
is unable to take the oath or declines the office due to an
incapacitating illness. Manual Sec. 22; Deschler-Brown-Johnson Ch 38
Sec. 2.17. In one instance, a letter to the Speaker from the attending
physician was inserted in the Congressional Record to document the
physical condition of the Member-elect. The letter stated that she was
in a coma and would be unable to take the oath. Manual Sec. 205. The
House, by declaring the seat vacant by majority vote, was in effect
judging a constitutional qualification of the Member; that is, the
requirement that she take the oath. The resolution was not tantamount
to an expulsion, which requires a two-thirds vote to adopt.
The House has adopted a resolution expressing the sense of the
House that each State should examine its existing statutes, practices,
and procedures governing special elections so that, in the event of a
catastrophe, vacancies in the House may be filled in a timely fashion.
107-2, H. Res. 559, Oct. 2, 2002, p 18919. See also Deschler-Brown-
Johnson Ch 38 Sec. 5.

[[Page 493]]

CHAPTER 24
ELECTORAL COUNTS; SELECTION OF PRESIDENT AND VICE PRESIDENT

HOUSE PRACTICE

Sec. 1. In General; Election of President and Vice President
Sec. 2. Joint Session to Count the Electoral Vote
Sec. 3. Consideration of Certificates of Electors
Sec. 4. Presidential Disability; Filling Vice Presidential Vacancies
Research References
U.S. Const. amend. XII
3 Hinds Sec. Sec. 1911-1980
6 Cannon Sec. Sec. 438-441
Deschler Ch 10
Manual Sec. Sec. 219-223

Sec. 1 . In General; Election of President and Vice President

Both the House and Senate formally participate in the process by
which the President and Vice President are elected. Congress is
directed by the Constitution to receive, and in joint session to
count, the electoral votes certified by the States. If no candidate
receives a majority of the electoral vote, the House is directed to
elect the President, and the Senate is directed to elect the Vice
President. U.S. Const. amend. XII; Manual Sec. 219.
The House has on two occasions, in 1801 and 1825, proceeded to
elect a President where no candidate had a majority of electoral
votes. 3 Hinds Sec. Sec. 1983, 1985. Both Thomas Jefferson and John
Quincy Adams were chosen after prolonged debate and repeated ballots
in the House. Under both the original constitutional provision and the
12th amendment, balloting was by States, with each State having one
vote.
There have been instances in which the result of the electoral
vote has differed from the result of the popular vote. 3 Hinds
Sec. Sec. 1953-1956; 107-1, Jan. 6, 2001, pp 115, 136. Generally,
however, the electoral vote has followed the popular vote because of
the manner in which electors are chosen under State law. Deschler Ch
10 Sec. 1.
Under the procedures governing the electoral count (as enacted in
1887 and codified in chapter 1 of title 3 of the United States Code),
certificates identifying the electors are prepared and transmitted to
the Archivist. 3 USC Sec. 6. The electors of each State meet and vote
on the first Monday after the

[[Page 494]]

second Wednesday in December at a place designated by the State
legislature. 3 USC Sec. 7. The electors prepare certified lists of all
persons receiving votes for President or Vice President. The
certificates are transmitted to the seat of government and directed to
the President of the Senate. U.S. Const. amend. XII; 3 USC
Sec. Sec. 8-11.
Under earlier procedure (before the Act of 1887), bills relating
to the electoral vote count were considered of high constitutional and
parliamentary privilege. 3 Hinds Sec. 2578. Resolutions relating to
the method of examining the electoral votes, or to procedural
irregularities or fraud in connection therewith, also were considered
as privileged. 3 Hinds Sec. Sec. 2573, 2576, 2577. The procedures
established in the Act of 1887 rendered these precedents largely
obsolete. 3 USC Sec. Sec. 1-19.
When addressing a dispute over the election of President and Vice
President in the state of Florida, the Supreme Court indicated its
view of a section of the statute addressing a State's ability to
determine ``controversy or contest'' as to the appointment of
electors. 3 USC Sec. 5; Bush v. Palm Beach County Canvassing Bd., 531
U.S. 70 (2000). Ultimately, the Supreme Court found that the Florida
Supreme Court violated the Equal Protection Clause of the 14th
amendment by ordering certain counties to conduct manual recounts of
the votes for President and Vice President without establishing
standards for those recounts. Bush v. Gore, 531 U.S. 98 (2000).

Sec. 2 . Joint Session to Count the Electoral Vote

The electoral count occurs in a joint session of the two Houses in
the Hall of the House at 1 p.m. on the sixth day of January succeeding
every meeting of electors (or an alternate day set by law). 3 USC
Sec. 15; Manual Sec. 220; 3 Hinds Sec. 1819; Deschler Ch 10 Sec. 2.
Sections 15-18 of title 3 of the United States Code prescribe in
detail the procedure for the count. Nevertheless, the two Houses
traditionally adopt a concurrent resolution providing for the meeting
in joint session to count the vote, for the appointment of tellers,
and for the declaration of the state of the vote. 3 Hinds Sec. 1961;
Deschler Ch 10 Sec. 2.1. This concurrent resolution is privileged. 3
Hinds Sec. Sec. 2573-2577. Sections 15-18 of title 3 of the United
States Code are in effect joint rules of the two Houses for the
occasion and govern the procedures both in the joint session and in
each House in the event the two Houses divide to consider an
objection. Deschler Ch 10 Sec. 2.6.
Under clause 12 of rule I, the Speaker may declare a recess in
connection with the joint session. The Speaker may decline to
recognize for one-

[[Page 495]]

minute speeches or extensions of remarks before recessing for the
joint session. Deschler Ch 10 Sec. 2.3.

Sec. 3 . Consideration of Certificates of Electors

Generally

A joint session to count the electoral votes is presided over by
the President of the Senate. 3 USC Sec. 15. In the absence of the
President of the Senate, the President pro tempore of the Senate
presides and calls the session to order. Deschler Ch 10 Sec. 2.5.
No debate is allowed in the joint session. 3 USC Sec. 18; Manual
Sec. 220.

Counting of Certificates

The electoral votes are counted by tellers who have been appointed
on the part of the House by the Speaker and on the part of the Senate
by the Vice President. Deschler Ch 10 Sec. Sec. 3.1-3.4.
The certificates and other papers relating to the electoral count
are presented and acted on in alphabetical order by States. 3 USC
Sec. 15. Where more than one set of certificates have been received
from a State, and each set purports to be the duly appointed electors
from that State, the Vice President presents the certificates, with
all attached papers, in the order in which they have been received.
Deschler Ch 10 Sec. 3.5.
The certificates of votes given by the electors are opened by the
President of the Senate and handed to the tellers, who read them in
the presence and hearing of the two Houses. Deschler Ch 10 Sec. 1.
Traditionally, the reading of each certificate is dispensed with by
unanimous consent after the first State has been read. However, on one
occasion, no attempt was made to dispense with the reading of the
certificates. On that occasion, the tellers read only a sufficient
part of each certificate to reveal that it was signed by the pertinent
electors, duly attested, regular in form, and authentic. Manual
Sec. 220; 107-1, Jan. 6, 2001, pp 101-15.
Where there are conflicting electoral certificates from the same
State, the two Houses during the joint session may by unanimous
consent determine which certificate is to be accepted as valid. The
tellers may then be directed to count the votes in the certificate
deemed valid. Deschler Ch 10 Sec. 3.5.

Objections

An objection to the counting of any electoral vote must be in
writing and signed by a Member and a Senator. 3 USC Sec. 15; 109-1,
Jan. 6, 2005, p 198. An objection not signed by a Senator is invalid.
107-1, Jan. 6, 2001, p 104. In the event that a timely objection in
proper form is raised in con

[[Page 496]]

nection with the count, the joint session divides, and the objection
is considered by each House in separate session. Deschler Ch 10
Sec. 3.6; 109-1, Jan. 6, 2005, p 199. The Act of 1887 prescribes the
procedure to be followed in debate after the two Houses have
separated. 3 USC Sec. 17. On only two occasions (in 1969 and 2005) has
an objection been perfected, requiring the two Houses to separate and
consider the objection pursuant to the Act of 1877. 91-1, Jan. 6,
1969, p 146; 109-1, Jan. 6, 2005, p 199. In the House a motion to lay
the objection on the table is not in order. Deschler Ch 10 Sec. 3.7.
In one instance the Senate agreed by unanimous consent to modify the
terms set by the statute with respect to the division of time for
debate. Deschler Ch 10 Sec. 3.8.
If either the House or the Senate rejects the objection, the
presiding officer of the joint session directs the tellers to record
the votes as submitted. Deschler Ch 10 Sec. 3.6; 109-1, Jan. 6, 2005,
p 242.

Other Questions Arising in the Matter

In addition to the joint sessions dividing to consider an
objection to the counting of any electoral vote, it divides to
consider an ``other question arising in the matter.'' 3 USC
Sec. Sec. 15-18; Manual Sec. 220. Such a question also must be in
writing and signed by both a Member and a Senator. Manual Sec. 220;
107-1, Jan. 6, 2001, p 104. Examples of an ``other question arising in
the matter'' include: (1) an objection for lack of a quorum; (2) a
motion that either House withdraw from the joint session; and (3) an
appeal from a ruling by the presiding officer. Manual Sec. 220. Such
questions are not debatable in the joint session. 3 USC Sec. 18.

Sec. 4 . Presidential Disability; Filling Vice Presidential Vacancies

In addition to its responsibilities in ascertaining and counting
the electoral votes cast for President and Vice President, Congress
has the duty under the Constitution to resolve disputes as to
Presidential disability. U.S. Const. amend. XXV Sec. Sec. 3, 4.
Messages relating to Presidential incapacity are laid before the
House. In 1985, 2002, and 2007, the Speaker laid before the House two
communications from the President of the United States (1) advising of
the President's temporary incapacity to discharge the constitutional
powers and duties of the Office of President and directing that the
Vice President discharge those duties in his stead and (2)
subsequently advising of the President's determination that he was
able to resume those powers and duties. Manual Sec. 256.
The House and Senate also act on the nomination of a Vice
President to fill a vacancy. The Constitution provides that in such
cases the President shall nominate a Vice President who shall take
office upon confirmation by

[[Page 497]]

a majority vote of both Houses. U.S. Const. amend. XXV Sec. 2.
Messages from the President transmitting the nomination of a Vice
President under this provision are laid before the House by the
Speaker. The nomination is referred to the Committee on the Judiciary,
which has jurisdiction over matters relating to Presidential
succession. Deschler Ch 10 Sec. Sec. 4.1, 4.2. The House and Senate
consider the nomination by acting separately on simple resolutions.
Deschler Ch 10 Sec. 4.3.

[[Page 499]]

CHAPTER 25
ETHICS; COMMITTEE ON ETHICS

HOUSE PRACTICE

A. Introductory

Sec. 1. In General
Sec. 2. Committee on Ethics
Sec. 3. -- Membership; Eligibility for Committee Service;
Disqualification
Sec. 4. -- Publications; Advisory Opinions
Sec. 5. Initiating an Investigation; Complaints
Sec. 6. Persons Subject to Disciplinary Procedures

B. Basis for Imposing Sanctions

Sec. 7. In General; The Code of Official Conduct
Sec. 8. Code of Ethics for Government Service
Sec. 9. Violations of Statutes
Sec. 10. Misuse of Hiring Allowance; False Claims
Sec. 11. Discrimination in Employment
Sec. 12. Campaign Fund Irregularities
Sec. 13. Solicitation of Contributions From Government Employees
Sec. 14. Limitations on Earned Income; Honoraria
Sec. 15. Acceptance of Gifts
Sec. 16. Financial Disclosure
Sec. 17. Professional Practice Restrictions
Sec. 18. Acts Committed in a Prior Congress or Before Becoming a
Member

C. Nature and Forms of Disciplinary Measures

Sec. 19. In General
Sec. 20. Expulsion
Sec. 21. -- Procedure; Resolutions of Expulsion
Sec. 22. Censure; Reprimand
Sec. 23. -- Grounds; Particular Conduct
Sec. 24. -- Censure Resolutions
Sec. 25. Fines; Restitution of Funds
Sec. 26. Deprivation of Status; Caucus Rules

[[Page 500]]

Sec. 27. Letter of Reproval
Research References
U.S. Const. art. I, Sec. 5, cl. 2; Sec. 6, cl. 1
2 Hinds Sec. Sec. 1236-1289
6 Cannon Sec. Sec. 236-238
Deschler Ch 12 Sec. Sec. 2-18
Manual Sec. Sec. 62, 721b, 759, 806, 853, 1095-1103
House Ethics Manual, 111th Cong.

A. Introductory

Sec. 1 . In General

Authority; Definitions and Distinctions

The authority of the House to discipline its Members flows from
the Constitution. It provides that each House may ``punish its Members
for disorderly Behaviour, and, with the concurrence of two thirds,
expel a Member.'' U.S. Const. art. I, Sec. 5, cl. 2.
Among the sanctions that the House may impose under this
provision, the rules of the Committee on Ethics outline the following:

Expulsion from the House of Representatives.
Censure.
Reprimand.
Fine.
Denial or limitation of any right, power, privilege, or
immunity of the Member if under the Constitution the House of
Representatives may impose such denial or limitation.
Any other sanction determined by the Committee to be
appropriate.

Rule 24, Committee on Ethics, 112th Cong; see Sec. Sec. 19-27, infra.

These sanctions are not mutually exclusive. In a given case, a
Member may be censured, fined, and deprived of seniority. Deschler Ch
12 Sec. 12.1. A Member also may be reprimanded and ordered to
reimburse the costs of the committee's investigation. Manual Sec. 64.
Imprisonment of a Member is a form of punishment that is
theoretically within the power of the House to impose, but such action
has never been taken by the House. Deschler Ch 12 Sec. 12. The
disciplinary measures referred to herein are separate and distinct
from the sanctions of fine or imprisonment that may be available under
a criminal statute at the State or Federal level. See Sec. 9, infra.

[[Page 501]]

Exclusion Distinguished

The power of exclusion is derived from the right of each House to
determine the qualifications of its Members, whereas the power of
expulsion stems from its authority to discipline Members for
misconduct. This distinction has not always been recognized. In 1870 a
Member was excluded from the 41st Congress on the ground that he had
sold appointments to the Military Academy. 1 Hinds Sec. 464. In 1967,
after an investigating committee recommended that a Member be fined
and censured for improperly maintaining his wife on the clerk-hire
payroll and for improper use of public funds for private purposes, the
House voted to impose a stronger penalty--to exclude him by denying
him his seat. Deschler Ch 12 Sec. Sec. 14.1, 16.1. However, the
Supreme Court determined such exclusion was not a sanction to be
invoked in cases involving the misconduct of a Member. It is available
only for failure to meet the constitutional qualifications of Members
as to age, citizenship, and inhabitancy. Powell v. McCormack, 395 U.S.
486 (1969).

Sec. 2 . Committee on Ethics

Generally

Before the 90th Congress, select temporary committees were created
to consider allegations of improper conduct against a Member and to
recommend such disciplinary measures as might be appropriate. Deschler
Ch 12 Sec. 2. In the 90th Congress, the Committee on Standards of
Official Conduct was established as a standing committee of the House.
90-1, H. Res. 418, Apr. 13, 1967, p 9425. The committee was renamed
the Committee on Ethics in the 112th Congress. 112-1, Jan. 5, 2011, p
__. Under clause 5(a)(5) of rule XIII, the committee may report as
privileged resolutions recommending action by the House with respect
to the official conduct of any Member, officer, or employee of the
House. Manual Sec. 853.

Legislative Jurisdiction

The jurisdiction of the Committee on Ethics, as set forth in
clause 1(g) of rule X, consists of measures relating to the Code of
Official Conduct. Manual Sec. 737. Measures proposing to amend the
Code are not privileged for immediate consideration when reported by
that committee but may be considered in the House pursuant to a
special order of business from the Committee on Rules. See Manual
Sec. 853.

Investigative Jurisdiction; Recommendations and Reports

Pursuant to clause 3 of rule XI, the Committee on Ethics is
authorized to conduct investigations, hold hearings, and report any
findings and rec

[[Page 502]]

ommendations to the House. Manual Sec. 806. This committee has been
given similar responsibilities under House resolutions authorizing
specific investigations. Where the House has directed the committee to
conduct such a specific investigation, it has, on occasion, authorized
the committee to take staff depositions, to serve subpoenas within or
without the United States, and to participate by special counsel in
relevant judicial proceedings. See, e.g., 95-1, H. Res. 252, Feb. 9,
1977, pp 3966, 3975; 96-2, H. Res. 608, Mar. 27, 1980, p 6995. The
committee also has been authorized to investigate, with expanded
subpoena authority, persons other than Members, officers, and
employees. 94-2, H. Res. 1054, Mar. 3, 1976, p 5165-68.
By resolutions considered as questions of the privileges of the
House, the committee has been directed:

To investigate illegal solicitation of political contributions
in the House Office Buildings by unnamed sitting Members.
To review GAO audits of the operations of the ``bank'' in the
Office of the Sergeant-at-Arms.
To disclose the names and pertinent account information of
Members found to have abused the privileges of the ``House
bank.''
To investigate violations of confidentiality by staff engaged
in the investigation of the operation and management of the
Office of the Postmaster.

Manual Sec. 703.

Recent Major Revisions to the Ethics Process

In the 105th Congress the House adopted a resolution sponsored by
the chair and ranking minority member of a bipartisan leadership task
force on reform of the ethics process. The resolution included
provisions amending the rules of the House as follows:

Establishment of a ``pool'' of non-committee Members who may
be assigned to serve on investigative subcommittees, and
exclusion of service on such subcommittee from the limitation
on subcommittee service. Clause 5 of rule X.
Authority for the chair and ranking minority member jointly to
appoint members from the ``pool'' to serve on an investigative
subcommittee. Clause 5 of rule X.
Requirement that a complaint placed on the committee agenda
before expiration of the time limit set forth in the rules of
the committee be referred to an investigative subcommittee only
by an affirmative vote of the members of the committee. Clause
3 of rule XI.
Change in the duration of service on the committee. Clause 5
of rule X.

[[Page 503]]

Requirement that each meeting be held in executive session
unless opened by an affirmative vote of a majority of the
members, and requirement that each adjudicatory subcommittee
hearing or full-committee sanction hearing be open unless
closed by an affirmative vote of a majority of its members.
Clause 3(c) of rule XI.
Requirement of a confidentiality oath by a Member, officer, or
employee having access to committee information. Clause 3(d) of
rule XI.
Exception for committee votes taken in executive session from
requirement that committees disclose record votes. Clause 3(b)
of rule XIII.
Permission for a non-Member to file information offered as a
complaint only if a Member certifies the information is
submitted in good faith and warrants committee consideration.
Clause 3(b)(2)(B) of rule XI.
Authority for the chair and ranking minority member of the
committee jointly to gather preliminary additional information
with regard to a complaint or information offered as a
complaint. Clause 3(b)(1) of rule XI.
Authority for a subcommittee to authorize and issue a subpoena
only by affirmative vote of a majority of its members. Clause
2(m)(3) of rule XI.
Authority for the committee to refer substantial evidence of a
violation of law to Federal or State authorities either with
approval of the House or by an affirmative vote of two-thirds
of the members of the committee. Clause 3(a)(3) of rule XI.
Authority for the committee to take appropriate action in the
case of a frivolous complaint. Clause 3(e) of rule XI.

The resolution also included provisions requiring the committee to
adopt the following committee rules (which were codified in clause 3
of rule XI in the 108th Congress):

Guaranteeing the ranking minority member the right to place an
item on the agenda.
Setting specified standards for staff, providing for
appointment of staff, permitting the retention of outside
counsel or temporary staff, and permitting both the chair and
the ranking minority member one additional staff member.
Permitting only the chair or ranking minority member to make
public statements regarding matters before the committee,
unless otherwise determined by a vote of the committee.
Providing the chair and ranking minority member 14 calendar
days or five legislative days (whichever occurs first) to
determine whether information offered as a complaint
constitutes a complaint.
Granting the chair and ranking minority member, unless
otherwise determined by an affirmative vote of the majority of
committee members, 45 calendar days or five legislative days
(whichever occurs later) after the date they determine the
information filed constitutes a complaint to: (1) recommend
disposition of the complaint; (2) establish an investigative
subcommittee; or (3) request an extension.

[[Page 504]]

Requiring the chair and ranking minority member to establish
an investigative subcommittee to consider a complaint not
disposed of by the expiration of the time limit.
Providing for disposal of information not constituting a
proper complaint.
Setting parameters for the composition of investigative and
adjudicatory subcommittees.
Establishing a standard of proof for the adoption of a
statement of alleged violation.
Authorizing expansion of the scope of an investigation by an
investigative subcommittee upon an affirmative vote of a
majority of the members of the full committee.
Authorizing an investigative subcommittee to amend its
statement of alleged violation any time before it is
transmitted to the committee and granting 30 calendar days for
a respondent to file an answer to the amended statement of
alleged violation.
Establishing procedures to protect the due process rights of
respondents.
Requiring the committee to transmit to the House upon an
affirmative vote of a majority of its members an investigative
subcommittee report stating that it did not adopt a statement
of alleged violation.
Detailing a mode of proceeding upon an approved waiver of an
adjudicatory hearing, including committee reporting
requirements and opportunity for respondent views.
Clarifying that, when the committee authorizes an
investigation on its own initiative, the chair and ranking
minority member shall establish an investigative subcommittee.

105-1, H. Res. 168, Sept. 18, 1997, pp 19317-20; Manual Sec. 806.

Office of Congressional Ethics

In the 110th Congress, the House adopted a resolution establishing
an Office of Congressional Ethics (OCE). This independent, nonpartisan
office consists of 6 members: three appointed by the Speaker (with the
concurrence of the Minority Leader) and three appointed by the
Minority Leader (with the concurrence of the Speaker). The OCE
functions as a clearinghouse where alleged violations of the
applicable ethics rules are subject to preliminary investigation.
Unlike the Committee on Ethics, the OCE receives allegations from any
source (not just Members), and a request by any two members of the
board triggers an automatic preliminary review by the OCE. A further
vote is required to commence a second-phase review.
The OCE informs the Committee on Ethics of its progress throughout
the investigatory process, and also provides notice to the Member
being investigated. Upon the completion of an investigation, the OCE
reports to the Committee one of three conclusions: (1) the OCE
recommends that the complaint be dismissed; (2) the OCE recommends
that the complaint be investigated by the Committee; or (3) the OCE
has come to no conclusion due

[[Page 505]]

to a tie vote of the board. Conforming changes made to clause 3 of
rule XI require the Committee on Ethics either to make public the OCE
recommendation or to begin an investigation of its own. 110-1, H. Res.
895, Mar. 11, 2008, p 3741.

Sec. 3 . -- Membership; Eligibility for Committee Service;
Disqualification

The Committee on Ethics, unlike other standing committees of the
House (where the majority party has a preponderance of the elected
membership), is composed of 10 members in equal numbers from the
majority and minority parties. Clause 5(a)(3) of rule X. Service on
the committee also is limited to no more than three Congresses in any
10-year period. However, a member of the committee may serve during a
fourth Congress as either the chair or the ranking minority member of
the committee. Manual Sec. 759. At the beginning of each Congress, the
Speaker and the Minority Leader each name 10 Members from their
respective parties who are not members of the Committee on Ethics to
be available to serve on investigative subcommittees thereof. Clause
5(a)(4) of rule X.
Clause 3(b)(4) of rule XI provides that a member of the committee
shall be ineligible to participate in a committee proceeding relating
to such Member's own conduct. Under this rule, where it was contended
that four members of the committee were ineligible to adjudicate a
complaint because of their personal involvement in the relevant
conduct, the Speaker named four other Members to act as members of the
committee in all proceedings on the complaint in the same political-
party ratio represented by the party affiliation of the four
ineligible members. Manual Sec. 806a.
Clause 3(b)(5) of rule XI permits members of the committee to
disqualify themselves from participation in any committee
investigation in which such members certify that they could not render
an impartial decision and authorizes the Speaker to appoint such
replacements as necessary for that investigation. Under this rule,
where a member of the committee submits an affidavit of
disqualification in a disciplinary investigation of another Member, or
where a member of the committee is the subject of an ethics inquiry
and has notified the Speaker of such Member's ineligibility, the
Speaker may appoint another Member to serve on the committee during
the investigation. Manual Sec. 806.

Sec. 4 . -- Publications; Advisory Opinions

Under clause 3(a)(4) of rule XI, the Committee on Ethics is
authorized to issue and publish advisory opinions (also known as
``pink sheets'') with

[[Page 506]]

respect to the general propriety of any current or proposed conduct.
The committee's advisory opinions are incorporated in the House Ethics
Manual. The House Ethics Manual also includes advisory opinions issued
by the former Select Committee on Ethics, which was established during
the 95th Congress and was the precursor of the present standing
committee. Recent advisory opinions may be found on the committee's
website.
Two prior publications, Gifts and Travel and Campaign Activity,
published as booklets in the 106th and 107th Congresses, respectively,
were incorporated into the 2008 House Ethics Manual. Advisory opinions
issued by the committee also may be found in the appendix to Chapter
12 of Deschler's Precedents. Additional information also is available
from the committee's website.
In accordance with section 803(i) of the Ethics Reform Act of
1989, the committee has established an Office of Advice and Education.
The primary responsibility of the office is to provide information and
guidance to Members, officers, and employees regarding all applicable
standards of conduct. This includes the ethics training for House
employees mandated by House rules. Clause 3(a)(6) of rule XI.

Sec. 5 . Initiating an Investigation; Complaints

Generally

In addition to an investigation directed by House resolution,
called up as a question of the privileges of the House, an
investigation of particular conduct may be initiated pursuant to
adoption of a resolution reported from the Committee on Rules. See,
e.g., 96-2, H. Res. 608, Mar. 27, 1980, p 6995-98. A resolution
directing the committee to investigate a possible unauthorized
disclosure of classified information by the Speaker in violation of
House rules was introduced through the hopper and referred to the
Committee on Rules. 100-2, Sept. 30, 1988, p 27329. A resolution
requiring the Committee on Standards of Official Conduct (now Ethics)
to empanel an investigative subcommittee any time a Member has been
indicted or otherwise formally charged with criminal conduct was
adopted in the 110th Congress and carried forward in subsequent
Congresses.
Under clause 3(b)(1)(A) of rule XI, an investigation of particular
conduct also may be initiated by the Committee on Ethics, if approved
by a majority vote of the members of that committee. An investigation
also may be initiated pursuant to information offered as a complaint
filed with the committee by a Member. A complaint may be filed by a
non-Member if the complaint is accompanied by a certification from a
Member that the information is submitted in good faith and warrants
committee consideration.

[[Page 507]]

Clause 3(b)(2) of rule XI; Manual Sec. 806. As noted earlier, an
investigation may also be initiated by a transmittal from the Office
of Congressional Ethics. See Sec. 2, supra.
Under clause 3(b)(1) of rule XI, the chair and ranking minority
member of the committee jointly may gather additional information
concerning alleged conduct that is the basis of a complaint until they
have established an investigative subcommittee or either of them has
placed on the agenda of the committee the issue of whether to
establish such subcommittee. Manual Sec. 806.

Complaint Requirements; Unfounded Charges

Information offered as a complaint filed with the committee must
comply with the requirements of clause 3(b)(2) of rule XI, including
the requirement that it be in writing and under oath. Manual Sec. 806.
Each complaint received by the committee is examined to determine
whether it complies with that rule. Complaints that are not in
compliance are returned. Those that comply with the rule are
considered by the committee for appropriate disposition.
Under clause 3(e)(1) of rule XI, a complaint determined by the
Committee on Ethics to be frivolous may give rise to action by that
committee. A Member who presented false charges against another Member
has himself become the subject of a select committee investigation and
report. In 1908 the House adopted a resolution approving a select
committee report finding a Member in contempt and in violation of his
obligations as a Member where he had presented false charges of
corruption against another Member. 6 Cannon Sec. 400.

Disclosure

Clause 3(b)(6) of rule XI requires a vote of the Committee on
Ethics to authorize the public disclosure of the content of a
complaint or the fact of its filing.

Debate

References in floor debate to the content of a complaint or the
fact of its filing are governed by the rules of decorum in debate
under clause 1 of rule XVII. Under this stricture a Member should
refrain from references in debate to the official conduct of a Member
where such conduct is not the subject then pending before the House by
way of either a report of the Committee on Ethics or another question
of the privileges of the House. This stricture also precludes a Member
from reciting news articles discussing a Member's conduct, reciting
the content of a previously tabled res

[[Page 508]]

olution raising a question of the privileges of the House, or even
referring to a Member's conduct by mere insinuation.
The fact that a complaint has been filed does not open up its
allegations to debate on the floor. Notice of an intention to offer a
resolution as a question of the privileges of the House under rule IX
does not render a resolution ``pending'' and thereby permit references
to the conduct of a Member proposed to be addressed therein. Manual
Sec. 361.

Sec. 6 . Persons Subject to Disciplinary Procedures

The investigative authority that is given under clause 3(a)(1) of
rule XI to the Committee on Ethics over alleged violations extends to
``Members, Delegates, the Resident Commissioner, officers, and
employees of the House.'' Manual Sec. 806. The Speaker has been
subject to the investigative authority of this committee. 101-1,
Statement of the Committee on Standards of Official Conduct (now
Ethics) In re Wright, Apr. 17, 1989; H. Res. 31, H. Rept. 105-1, In re
Gingrich, Jan. 21, 1997, p 459. A Delegate has been subject to censure
for misconduct. 2 Hinds Sec. 1305. With respect to violations by House
officers or employees, the rules of the committee authorize it to
recommend to the House dismissal from employment, reprimand, fine, or
any other sanction determined by the committee to be appropriate. Rule
24, Rules of the Committee on Ethics, 112th Cong.
On one occasion, the House, by adopting a resolution presented as
a question of privilege (dealing with the unauthorized disclosure of a
House report), authorized the Committee on Standards of Official
Conduct (now Ethics) to investigate persons not associated with the
House. 94-2, H. Res. 1042, Feb. 19, 1976, p 3914. The House considered
it necessary to enlarge the subpoena authority of the committee to
carry out this investigation. 94-2, H. Res. 1054, Mar. 3, 1976, p
5165. Private citizens have been censured or reprimanded by the
Speaker at the bar of the House for attempting to bribe a Member or
for assaulting a Member. 2 Hinds Sec. Sec. 1606, 1616-1619, 1625; 6
Cannon Sec. 333.
Under clause 3(a)(3) of rule XI, the committee may report to the
appropriate Federal or State authorities, either with the approval of
the House or by an affirmative vote of two-thirds of the members of
the committee, any substantial evidence of a violation of a law by a
Member, officer, or employee of the House that is applicable to the
performance of such individual's duties or the discharge of such
individual's responsibilities that may have been disclosed in a
committee investigation.

[[Page 509]]

B. Basis for Imposing Sanctions

Sec. 7 . In General; The Code of Official Conduct

Generally

Before the 90th Congress, there was no formal code of conduct for
Representatives. However, in 1968 the rules were amended to establish
a Code of Official Conduct for Members and employees of the House. 90-
1, H. Res. 1049, Apr. 3, 1968, p 8803; rule XXIII. The Code, along
with rules XXIV and XXV, contain provisions governing the receipt of
compensation, gifts, and honoraria. It also addresses the use of
campaign funds, proscribes discrimination in employment, and bars
certain ``non-House'' uses of House stationery. Manual Sec. Sec. 1095-
1104. Rule XXVII, added in the 110th Congress, contains rules
governing disclosure of negotiations for future employment and recusal
in cases of conflicts of interest. This rule applies to Members,
officers, and employees of the House.

Conduct Reflecting Discredit on the House

Under the Code of Official Conduct, disciplinary measures may be
invoked against a Member, officer, or employee on the ground that such
person has violated the requirement in clause 1 of the Code of
Official Conduct to behave ``at all times'' in a manner that reflects
``creditably'' on the House. Manual Sec. 1095. Examples of
disciplinary measures recommended by the Committee on Ethics against
certain Members for conduct that violated clause 1 of the Code
include:

Failure to report campaign contributions and perjury. Certain
Members were officially reprimanded by the House. H. Res. 1415,
H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p 37005; H. Res.
1416, H. Rept. 95-1743, In re Roybal, Oct. 13, 1978, p 37009.
Conviction by a jury on bribery or other corruption charges.
Member was expelled by the House. H. Res. 794, H. Rept. 96-
1387, In re Myers, Oct. 2, 1980, p 28953; H. Res. 495, H. Rept.
107-594, In re Traficant, July 24, 2002, p 14319.
Misuse of the congressional clerk-hire allowance for personal
gain. Member was censured by the House by a unanimous vote and
was required to make restitution of monies in the amount that
he had personally benefited. H. Res. 378, H. Rept. 96-351, In
re Diggs, July 31, 1979, p 21584.
Engagement in sexual relationships or other inappropriate
conduct with pages employed by the House. H. Res. 265, H. Rept.
98-295, In re Studds, July 20, 1983, p 20030; H. Res. 266, H.
Rept. 98-296, In re Crane, July 20, 1983, p 20020; 109-2, H.
Res. 1065, Sept. 29, 2006, p 21334.

[[Page 510]]

The committee may find that a Member has brought discredit to the
House, but recommend no formal sanction. H. Rept. 104-876, In re
Collins; H. Rept. 105-797, In re Kim. The committee also may send the
offending Member a letter of reproval. H. Rept. 106-979, In re
Shuster.
The House voted to reprimand the Speaker for bringing discredit on
the House. H. Res. 31, H. Rept. 105-1, In re Gingrich, Jan. 21, 1997,
p 393.

Adhering to the ``Spirit and Letter'' of the Rules

Clause 2 of the Code of Official Conduct provides that a Member,
officer, or employee of the House must ``adhere to the spirit and the
letter'' of the rules of the House and to the rules of its committees.
Manual Sec. 1095. This rule has been interpreted to mean that a Member
or employee may not do indirectly what the Member or employee would be
barred from doing directly. Advisory Opinion No. 4, Select Committee
on Ethics, 95th Cong.
In 1988 the Committee on Standards of Official Conduct (now
Ethics) concluded that a Member's acceptance of an illegal gratuity on
three occasions constituted action that discredited the House as an
institution in violation of clause 1 of rule XXIII; and, having
violated the ``spirit'' of clause 1, he also violated clause 2 of rule
XXIII. H. Rept. 100-506, In re Biaggi. Although purposeful violation
of any rule of the House could potentially be considered an infraction
under clause 2 of rule XXIII, the committee has issued advisory
opinions touching on some of the rules that specifically pertain to
Members' conduct. In addition to the restrictions contained in the
Code of Conduct, rules XXIV (Limitations on Use of Official Funds),
XXV (Limitations on Outside Earned Income and Acceptance of Gifts),
XXVI (Financial Disclosure), and XXVII (Disclosure by Members and
Staff of Employment Negotiations) have been addressed by the committee
in its House Ethics Manual.

Sec. 8 . Code of Ethics for Government Service

A Code of Ethics to be adhered to by all government employees,
including office holders, was adopted by concurrent resolution in
1958. 85-2, H. Con. Res. 175, July 11, 1958; House Ethics Manual,
111th Cong. The Committee on Standards of Official Conduct (now
Ethics) has indicated that the Code of Ethics is an expression of
traditional standards of conduct that continues to be applicable, even
though the Code was enacted merely in the form of a concurrent
resolution that expired with the adjournment of the Congress in which
it was adopted. H. Rept. 94-1364, In re Sikes.
The Code of Ethics requires that any person in government service
should, among other things, give a full day's labor for a full day's
pay; never accept favors or benefits under circumstances that ``might
be con

[[Page 511]]

strued as influencing the performance of governmental duties;'' engage
in no business with the government, either directly or indirectly,
that is inconsistent with the conscientious performance of
governmental duties; and never use any confidential information in the
performance of governmental duties as a means of making a private
profit.
The ethical standards of this Code have provided the basis for
disciplinary proceedings against Members. See, e.g., H. Rept. 100-506,
In re Biaggi. In one instance, charges concerning the use of a
Member's official position for pecuniary gain were heard by the
committee. The committee found that the Member had failed to report
his ownership of certain stock and that he bought stock in a bank
following active efforts in his official capacity to obtain a charter
for the bank. These charges resulted in a reprimand of the Member. H.
Res. 1421, H. Rept. 94-1364, In re Sikes, July 29, 1976, p 24379.

Sec. 9 . Violations of Statutes

Generally

Members of Congress, unless immunized by the Speech or Debate
Clause of the Constitution, are subject to the same penalties under
the criminal laws as are all citizens. Manual Sec. 93; Deschler Ch 12
Sec. 3. In addition to rules XXIII through XXVII, the Federal criminal
code addresses the conduct of Members, officers, and employees with
respect to bribery of public officials (18 USC Sec. 201), claims
against the Government (18 USC Sec. Sec. 203-205, 207(e), 216), and
public officials acting as agents of foreign principals (18 USC
Sec. 219). The violation of such statutes may be considered by the
Committee on Ethics in recommending disciplinary actions to the House.
Thus, a Member's conviction under section 201 of title 18, United
States Code, of accepting an illegal gratuity was cited as one of the
grounds for the committee's recommendation that the Member be
expelled. H. Rept. 100-506, In re Biaggi. The committee may find that
a Member has violated certain statutes but recommend no formal
sanction. H. Rept. 104-876, In re Collins; H. Rept. 105-797, In re
Kim. The committee also may send the offending Member a letter of
reproval. H. Rept. 106-979, In re Shuster. The House voted to
reprimand a Speaker for violating certain provisions of the Internal
Revenue Code. 105-1, H. Res. 31, H. Rept. 105-1, In re Gingrich, Jan.
21, 1997, p 393.
Any disciplinary measure that the House invokes against a Member
for an alleged or proven violation of such a statute is separate and
distinct from sanctions that may be sought by law enforcement
authorities at the State or Federal level. Criminal prosecution may
precede or follow committee inves

[[Page 512]]

tigation or House censure for the same offense. See United States v.
Diggs, 613 F.2d 988 (D.C. Cir. 1979), cert. denied, 446 U.S. 982
(1980); H. Res. 378, H. Rept. 96-351, In re Diggs, July 31, 1979, p
21584.
Clause 3 of rule XI authorizes the Committee on Ethics to report
to the appropriate Federal or State authorities, by majority vote with
the approval of the House or by two-thirds vote of the committee
alone, any substantial evidence of a violation of an applicable law by
a Member, officer, or employee of the House, that may have been
disclosed in a committee investigation. Manual Sec. 806. During the
committee's investigation of Speaker Gingrich, the committee received
documents that may have proved useful to the Internal Revenue Service.
The House adopted the recommendation of the committee to make those
documents available to the Internal Revenue Service and to establish a
liaison to aid the transfer of documents. H. Res. 31, H. Rept. 105-1,
In re Gingrich, Jan. 21, 1997, p 393.

Conviction as Basis for Committee Action

Rule 18(e) of the rules of the Committee on Ethics requires the
committee to undertake an investigation with regard to any felony
conviction of a Member, officer, or employee of the House in a
Federal, State, or local court. The rule further provides that the
investigation may proceed at any time before sentencing. See, e.g., H.
Rept. 107-594, In re Traficant. The committee may review evidence
presented at the Member's trial, including the trial transcript,
transcripts of recorded phone conversations, and oral intercepts. H.
Rept. 100-506, In re Biaggi. Examples of disciplinary measures
recommended by the Committee on Ethics based on criminal convictions
include bribery convictions or findings as to the receipt of money by
a Member for exercising his influence in the House. H. Rept. 96-1387,
In re Myers; H. Rept. 96-856, In re Flood; H. Rept. 96-1537, In re
Jenrette; H. Rept. 97-110, In re Lederer; H. Rept. 100-506, In re
Biaggi; H. Rept. 107-594, In re Traficant.
In 1980, charges involving alleged bribes of Members of Congress
led to investigations by both the Committee on Standards of Official
Conduct (now Ethics) and the Department of Justice. The committee was
authorized to conduct an inquiry into such alleged improper conduct,
to coordinate its investigation with the Justice Department, to enter
into agreements with the Justice Department, and to participate, by
special counsel, in any judicial proceeding concerning or relating to
the inquiry. 96-2, H. Res. 608, Mar. 27, 1980, p 6995; 97-1, H. Res.
67, Mar. 4, 1981, p 3529.
The House may choose to initiate disciplinary proceedings against
a Member upon a Member's conviction even when that Member has not
exhausted all of the appeals in the criminal process. See Sec. 19,
infra.

[[Page 513]]

Sec. 10 . Misuse of Hiring Allowance; False Claims

Clause 8 of rule XXIII prohibits a Member from retaining anyone on
payroll who does not perform duties commensurate with the compensation
received. Closely related to this rule is the False Claims Act, which
imposes liability on persons making claims against the government
knowing such claims to be false or fraudulent. 31 USC Sec. 3729; 18
USC Sec. 287. Because Members must formally authorize salary payments
to their aides, they may be in violation of Federal law if they know
that such payments are being made to an aide who is not doing official
work commensurate with such pay, or if such person is drawing on
clerk-hire funds to meet personal or congressional expenses. See
United States v. Diggs, 613 F.2d 988 (D.C. Cir. 1979), cert. denied,
446 U.S. 982 (1980). The False Claims Act is applicable where a Member
submits false travel vouchers to the Clerk of the House. See U.S. ex
rel. Hollander v. Clay, 420 F. Supp. 853 (D.D.C. 1976). Liability
under the Act likewise arises where a Member has falsely certified
certain long-distance phone calls as being official calls in order to
obtain reimbursement for them. United States v. Eilberg, 507 F. Supp.
267 (E.D. Pa. 1980).

Sec. 11 . Discrimination in Employment

Clause 9 of rule XXIII includes provisions barring discrimination
against any individual with respect to compensation or other
conditions of employment because of such individual's race, color,
religion, or sex, including marital or parental status, disability,
age, or national origin. The Committee on Standards of Official
Conduct (now Ethics) has concluded that sexual harassment is a form of
discrimination in employment that is prohibited by clause 9. In one
case the committee issued a letter of reproval to a Member for his
conduct in interacting with two female employees on his staff. H.
Rept. 101-293, In re Bates.
The earliest form of the rule on ``employment practices'' grew out
of the Fair Employment Practices Resolution first adopted in the 100th
Congress. 100-2, H. Res. 558, Oct. 3, 1988, p 27840; 101-1, H. Res.
15, Jan. 3, 1989, p 85. The terms of that resolution were incorporated
by reference in a standing rule in the 102d Congress. 102-1, H. Res.
5, Jan. 3, 1991, p 39. It was codified in full text, with certain
amendments, in the 103d Congress. 103-1, H. Res. 5, Jan. 5, 1993, p
49. The Employment Practices rule was overtaken by the earliest form
of a rule addressing the ``application of certain laws'' in the 103d
Congress. 103-2, H. Res. 578, Oct. 7, 1994, p 29326. The Application
of Laws rule, in turn, was overtaken by the Con

[[Page 514]]

gressional Accountability Act of 1995. 2 USC Sec. 1301. Certain
savings provisions appear in section 506 of that Act. 2 USC Sec. 1435.

Sec. 12 . Campaign Fund Irregularities

Members of the House are governed by many restrictions and
regulations concerning the use of campaign funds and must comply with
various campaign finance procedures. These requirements are found
primarily in the Federal Election Campaign Act of 1971. 2 USC
Sec. 431. Under this statute, the Federal Election Commission was
established as an independent regulatory agency with jurisdiction over
Federal campaign finance practices. 2 USC Sec. Sec. 437c-438.
Clause 6 of rule XXIII requires that Members use campaign funds
solely for campaign purposes and specifically prohibits the personal
use of such funds. This includes the requirements that Members keep
campaign funds separate from personal funds; may not convert campaign
funds to personal use except for reimbursement for legitimate,
verifiable prior campaign expenses and official expenses (subject to
the limitations in clause 1(b)(2) of rule XXIV); and may not expend
campaign funds for other than bona fide campaign or political
purposes. The committee has taken the position that any use of
campaign funds that personally benefits the Member rather than
exclusively and solely benefiting the campaign is not a ``bona fide
campaign purpose.'' H. Rept. 99-933, In re Weaver; H. Rept. 100-526,
In re Rose. Although campaign funds may be invested, a candidate who
borrows money from such candidate's own campaign is presumed to be
receiving a personal benefit; that is, the use of the money.
The Committee on Standards of Official Conduct (now Ethics) has
found that Members have violated clause 6 of rule XXIII by
transferring campaign funds to personal accounts or borrowing from
their campaign funds. See, e.g., H. Rept. 96-930, In re Wilson; H.
Rept. 99-933, In re Weaver.
The House has adopted reports of the committee recommending
reprimand of Members who have failed to report a campaign contribution
or have converted a campaign contribution to personal use. See, e.g.,
H. Res. 1415, H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p 37005;
H. Res. 1416, H. Rept. 95-1743, In re Roybal, Oct. 13, 1978, p 37009.
In two cases, Members were found to have violated Federal election
campaign laws, but no formal sanctions were issued. H. Rept. 104-876,
In re Collins; H. Rept. 105-797, In re Kim.
Clause 7 of rule XXIII requires any proceeds from testimonials or
other fundraising events to be treated by Members as campaign
contributions.

[[Page 515]]

Sec. 13 . Solicitation of Contributions From Government Employees

A Federal statute prohibits Members of Congress (and candidates
for Congress) from soliciting political contributions from employees
of the House and from other Federal government employees. 18 USC
Sec. 602. Under this statute it must actually be known that the person
who is being solicited is a Federal employee. Inadvertent
solicitations to persons on a mailing list during a general
fundraising campaign are not prohibited. H. Rept. 96-930, In re
Wilson. Because the statute by its terms is directed at protecting
``employees,'' it does not prevent one Member from soliciting another
Member. See 6 Cannon Sec. 401 (in which the House adopted a resolution
construing the predecessor statute).
In 1985, the Committee on Standards of Official Conduct (now
Ethics) initiated a preliminary investigation into charges that a
``Dear Colleague'' letter had been used to solicit Members' staffs in
House office buildings. However, the committee took the view that the
statute was directed against coercive activities; that is, political
``shakedowns.'' The committee concluded that, in the absence of any
evidence of ``victimization'' (i.e., coercion of congressional staff)
the solicitations were not precluded by that law. H. Rept. 99-277. The
committee concluded, however, that neither staff (paid or volunteer)
while on official time, nor Federal office space at any time, should
be used to prepare or distribute material involving solicitations of
political contributions. H. Rept. 99-227; see also H. Rept. 99-1019.

Sec. 14 . Limitations on Earned Income; Honoraria

Clause 1 of rule XXV places restrictions upon the amount of
outside-earned income a Member, officer, or employee may receive. This
provision limits the amount of aggregate outside-earned income in a
calendar year to 15 percent of an annual congressional salary. The
limitation applies to earned income for personal services, rather than
monies that are essentially a return on equity. In this regard, the
facts of a particular case will be regarded as controlling, rather
than the characterization of such monies as outside-earned income.
Advisory Opinion No. 13, Select Committee on Ethics, 95th Cong.
(reprinted in H. Rept. 95-1837).
Under clause 3 of rule XXV, a Member, officer, or employee may
receive neither an advance payment on copyright royalties nor
copyright royalties under a contract unless it is first approved by
the Committee on Ethics as complying with the requirement that the
royalties are received from an established publisher under usual and
customary contractual terms.
A restriction against honoraria is imposed by clause 1 of rule
XXV. In 1989 special outside counsel concluded that Speaker Wright had
retained ex

[[Page 516]]

cessive honoraria and other outside income, styled as ``royalties,''
which he accepted from special interest groups from the sale of his
book. 101-1, Statement of the Committee on Standards of Official
Conduct (now Ethics) In re Wright, Apr. 17, 1989.

Sec. 15 . Acceptance of Gifts

Clause 5 of rule XXV permits acceptance of a gift only if it has
an individual value of less than $50 and a cumulative value from any
one source in the calendar year of less than $100 (the value of
perishable food sent to an office is allocated among the individual
recipients and not to the Member). Clause 5 defines the term ``gift''
and outlines various exceptions to the rule. The Committee on
Standards of Official Conduct (now Ethics) in the 96th Congress
recommended the censure of a Member for misconduct that included the
acceptance of gifts of money from a person with a ``direct interest in
legislation'' before Congress. The committee determined that certain
checks that had been marked ``loans'' were not true loans. On the
basis of this and other violations, the House, after rejecting a
motion to recommit that would have permitted a reprimand, voted to
censure. H. Res. 660, H. Rept. 96-930, In re Wilson, June 10, 1980, p
13801. In 1988 the committee concluded that a Member's acceptance of
illegal gratuities in trips to St. Maarten and Florida established per
se violations of the gift rule since those events, both individually
and in the aggregate, far exceeded the $100 limit then imposed by the
gift rule. H. Rept. 100-506, In re Biaggi.
In the 110th Congress, rule XXV was amended to prohibit the
acceptance of any gifts from registered lobbyists, and to clarify the
valuation of tickets to sporting and entertainment events for purposes
of the gift rule.
In 1977 the committee was empowered to investigate the alleged
receipt by Members of ``things of value'' from the Korean government.
95-1, H. Res. 252, Feb. 9, 1977, p 3966. Subsequently, the House
adopted a committee report recommending the reprimand of a Member on
the basis of the committee's finding that he had failed to disclose,
in a questionnaire sent to all Members by the committee, his receipt
of currency and valuables worth more than $100 from representatives of
Korea. H. Res. 1414, H. Rept. 95-1741, In re Wilson, Oct. 13, 1978, p
36976.
In the 110th Congress, rule XXV was amended to provide
restrictions on privately funded travel for Members. Such restrictions
include prohibitions on funding by registered lobbyists, certification
requirements by Members, and a prohibition on using any funds for
travel aboard private aircraft. Reimbursement for official travel was
also made subject to new disclosure requirements.

[[Page 517]]

The current House Ethics Manual incorporates the prior publication
Gifts and Travel from the 106th Congress.

Sec. 16 . Financial Disclosure

Title I of the Ethics in Government Act of 1978 requires Members,
officers, and certain employees of the House to file an annual
Financial Disclosure Statement. 5 USC App Sec. Sec. 101-111. This law,
which is incorporated into House rule XXVI, was intended to regulate
and monitor possible conflicts of interest due to outside financial
holdings. Manual Sec. 1103.
In the 94th Congress the House reprimanded a Member for certain
conduct occurring during prior Congresses, which included failure to
make proper financial disclosures. H. Res. 1421, H. Rept. 94-1364, In
re Sikes, July 29, 1976, p 24379. The Committee on Standards of
Official Conduct (now Ethics) has concluded that a Member accepted
certain gifts that were subject to mandatory disclosure under the
Ethics in Government Act. H. Rept. 100-506, In re Biaggi; H. Rept.
105-797, In re Kim.

Sec. 17 . Professional Practice Restrictions

Members are subject to various restrictions relating to their
professional affiliations while serving in the House. Thus, Members
are prohibited from receiving compensation for legal services before
agencies of the Federal government. Clause 2 of rule XXV; 18 USC
Sec. 205. Under this rule, Members, officers, and certain senior
employees may not:

Receive compensation from affiliation with a firm providing
professional services for compensation that involve a fiduciary
relationship except for the practice of medicine.
Permit their names to be used by any such firm or other
entity.
Practice a profession for compensation that involves a
fiduciary relationship except for the practice of medicine.
Serve for compensation on the board of directors of any
association, corporation, or other entity.
Receive compensation for teaching without prior notification
and approval.

Manual Sec. 1099.

Sec. 18 . Acts Committed in a Prior Congress or Before Becoming a
Member

Under clause 3(b)(3) of rule XI, the Committee on Ethics may not
investigate an alleged violation of a law, rule, regulation, or
standard of conduct that was not in effect at the time of the alleged
violation. Also excepted from investigation are alleged violations
that occurred before the third pre

[[Page 518]]

vious Congress unless the committee determines that such matters were
directly related to an alleged violation that occurred in a more
recent Congress. Manual Sec. 806.
Historically, it has been within the prerogative of the House to
censure a Member for misconduct occurring in a prior Congress,
notwithstanding the reelection of such Member. Deschler Ch 12 Sec. 16.
However, the question whether the offense was known to such Member's
constituency at the time of the election is a factor to be considered.
2 Hinds Sec. 1286. Thus, in 1976 the House adopted the recommendation
of the committee that a Member be reprimanded for certain conduct
occurring during prior Congresses that involved financial
irregularities but declined to recommend punishment for prior
conflict-of-interest conduct that had occurred in 1961, where such
conduct had apparently been known to a constituency that had
continually reelected him. H. Res. 1421, H. Rept. 94-1364, In re
Sikes, July 29, 1976, p 24379.
The House has asserted jurisdiction under article I, section 5 of
the Constitution to inquire into the misconduct of a Member occurring
before his last election and to impose at least those sanctions short
of expulsion. H. Res. 378, H. Rept. 96-351, In re Diggs, July 31,
1979, p 21584; 2 Hinds Sec. 1283. In one case, the committee
investigated violations of Federal election laws that allegedly
occurred before the respondent became a Member. H. Rept. 105-797, In
re Kim.
Expulsion thus far has been applied to Members only with respect
to offenses occurring during their terms of office and not to action
taken by them before their election. Deschler Ch 12 Sec. 13. A
resolution calling for the expulsion of a Member was reported
adversely by the committee and tabled by the House, where the Member
had been convicted of bribery under California law for acts occurring
while he served as a county tax assessor and before his election to
the House. The committee found that although the conviction related to
moral turpitude, it did not relate to official conduct while a Member
of Congress. H. Res. 1392, H. Rept. 94-1478, In re Hinshaw, Sept. 8,
1976, p 29274, Oct. 1, 1976, p 35111.
If a Member's term of office expires before a pending resolution
of expulsion against such Member is adopted, the proceedings are
discontinued. 2 Hinds Sec. 1276.

[[Page 519]]

C. Nature and Forms of Disciplinary Measures

Sec. 19 . In General

Kinds of Disciplinary Measures

The primary disciplinary measures that may be invoked by the House
against a Member include expulsion, censure or reprimand, fines or
other economic sanctions (such as reimbursement of the investigative
costs of the committee), and deprivation of seniority or committee
status.
Reprimand is appropriate for serious violations, censure is
appropriate for more-serious violations, and expulsion of a Member is
appropriate for the most serious violations. Rule 24(g), Rules of the
Committee on Ethics, 112th Cong.
Generally, the type of disciplinary measure invoked will depend on
the nature of the offense charged. Where there are mitigating
circumstances, the committee sometimes issues a public letter of
reproval. See, e.g., H. Rept. 100-526, In re Rose; H. Rept. 106-979,
In re Shuster. This letter may include a direction to the Member to
apologize. H. Rept. 101-293, In re Bates. The House itself may extract
an apology from the offending Member. 2 Hinds Sec. Sec. 1650, 1657.

Effect of Court Conviction or Pendency of Judicial Proceedings

Under a former practice, where a Member had been convicted of a
crime, the House would defer taking disciplinary action until the
judicial processes had been exhausted. 6 Cannon Sec. 238. Under the
more recent practice, the House may choose--as it did in the 96th and
107th Congresses--to initiate disciplinary proceedings against a
Member for conduct even when that Member has not exhausted all of the
appeals in the criminal process. H. Res. 378, H. Rept. 96-351, In re
Diggs, July 31, 1979, p 21584; H. Res. 495, H. Rept. 107-594, In re
Traficant, July 24, 2002. p 14299. Although a criminal conviction may
be appealed, such a course of action and its outcome have no bearing
on either the timing or the nature of the decision reached by the
House. H. Rept. 100-506, In re Biaggi.
Clause 10 of rule XXIII provides that a Member who is convicted of
a crime for which a prison sentence of two or more years could be
imposed should refrain from committee business and from voting in the
House until judicial or executive proceedings reinstate the Member's
presumption of innocence or until reelection to the House after
conviction. Manual Sec. 1095.

[[Page 520]]

Resolutions and Reports

A resolution proposing disciplinary action against a Member may be
called up in the House as a question of privilege. Manual Sec. 703; 2
Hinds Sec. 1254; 3 Hinds Sec. Sec. 2648-2651. Where the Committee on
Ethics after investigation recommends that disciplinary action be
taken against a Member by the House, it normally files a privileged
report with a form of resolution proposing the action. However, where
the committee finds an allegation without merit or issues a lesser
sanction, such as a letter of reproval, the committee files its report
for the information of the House without an accompanying resolution.
Where a Member is defeated (including in a primary), the committee may
choose to report violations to the House at the end of the Congress
without recommending sanctions. H. Rept. 105-797, In re Kim.
Under clause 3(a) of rule XI, the committee may recommend to the
House from time to time such administrative actions as it may consider
appropriate to establish or enforce standards of official conduct.
However, a letter of reproval or other administrative action of the
committee that resulted from an investigation under clause 3(a)(2) may
be implemented only as a part of its report to the House. The rule
also requires that the committee report to the House on the final
disposition of any case it has voted to investigate. Manual Sec. 806.
A resolution adopting a committee report may be offered as
follows:

Resolved, That the House of Representatives adopt the report by
the Committee on Ethics dated _____ in the matter of Representative
_____.

Consideration and Debate

A disciplinary resolution presents a question of privilege. Manual
Sec. 63. If reported by the Committee on Ethics (or a derivation
thereof), a disciplinary resolution may be called up at any time after
the committee has filed its report. Manual Sec. 63. An unreported
resolution may be called up by any Member as privileged under rule IX
with proper notice (or by the Majority or Minority Leader without
notice). Manual Sec. 703; 3 Hinds Sec. 2649; 108-2, Oct. 8, 2004, p
22734; 109-2, Sept. 29, 2006, p 21334; 110-1, June 5, 2007, p 14600;
111-2, Apr. 14, 2010, p __.
Clause 2(a)(16) of rule IV permits an accused Member to be
accompanied by counsel on the floor of the House when the committee's
recommendation on such Member's case is under consideration by the
House. Manual Sec. 678.

[[Page 521]]

Debate on a disciplinary resolution reported by the committee is
under the hour rule, the chair of the committee being recognized for
the entire hour. 8 Cannon Sec. 2448; Deschler Ch 12 Sec. 16. Debate on
a resolution raising a question of the privileges of the House (which
may include a disciplinary resolution) offered from the floor under
rule IX also is debatable for one hour but the hour is equally divided
between the proponent and the Majority Leader, Minority Leader, or a
designee. Manual Sec. 699.
The manager of a disciplinary resolution may yield time to the
Member charged to speak or to yield to other Members. 107-2, July 24,
2002, p 14309. In one instance the Member charged, after declining to
speak, yielded all of his time to another Member. 96-1, July 31, 1979,
p 21584.
A Member whose expulsion is proposed may be permitted to present a
written defense. 2 Hinds Sec. 1273. However, if the previous question
is moved on a proposition to censure, the effect may be to prevent the
Member charged from making an explanation or presenting a defense.
After the House has voted to censure, it is too late for the Member to
be heard on the resolution itself. 2 Hinds Sec. 1259; 5 Hinds
Sec. 5459.
Debate on a pending privileged resolution recommending
disciplinary action against a Member necessarily may involve
personalities. However, clause 1 of rule XVII still prohibits the use
of language that is personally abusive or profane. During the actual
pendency of such a resolution, a Member may discuss a prior case
reported to the House by the Committee on Ethics for the purpose of
comparing the severity of the sanction recommended in that case with
the severity of the sanction recommended in the pending case, provided
that the Member does not identify, or discuss the details of the past
conduct of, a sitting Member. Manual Sec. 361.
The Speaker also has advised that Members should refrain from
references in debate to the motivations of a Member who filed a
complaint before the Committee on Standards of Official Conduct (now
Ethics), to personal criticism of a member of the committee, and to an
investigation undertaken by the committee, including the suggestion of
a course of action or the advocacy of an interim status report by the
committee. Manual Sec. 361.
Because an accurate record of disciplinary proceedings is
important, the House may agree by unanimous consent to ban revisions
or extensions of remarks delivered during the floor debate. Compare
96-2, May 29, 1980, p 12661, with 107-2, July 24, 2002, p 14319
(general leave granted).
It is for the House and not the Speaker to judge the conduct of
Members. It is, accordingly, not a proper parliamentary inquiry to ask
the Chair to interpret the application of a criminal statute to a
Member's conduct. Manual Sec. 1095.

[[Page 522]]

Effect of Resignation

The resignation of a Member at a time when expulsion proceedings
against such Member are pending generally results in the suspension or
discontinuance of the proceedings. 2 Hinds Sec. 1275; 6 Cannon
Sec. 238. Similarly, where a Member resigns after having been found
guilty of improper conduct (and deserving of censure) by a committee
of investigation, the House may discontinue the proceeding. 6 Cannon
Sec. 398. However, the House may adopt a resolution censuring such
conduct even after the resignation has been submitted. 2 Hinds
Sec. Sec. 1239, 1273, 1275.

Sec. 20 . Expulsion

The House has the power under the Constitution to expel a Member
by a two-thirds vote. U.S. Const. art. I, Sec. 5, cl. 2. The
discretionary power of the House to expel one of its Members has been
said to be unlimited. 6 Cannon Sec. 78. However, the House has
consistently refused to expel a Member for acts unrelated to status as
a Member or to public trust and duty. H. Rept. 56-85; 1 Hinds
Sec. 476. In 1976 an expulsion resolution was reported adversely and
tabled by the House where a Member had been convicted of bribery under
State law for acts occurring before his election to the House, because
the conviction did not relate to his official conduct while a Member
of Congress. Deschler Ch 12 Sec. 13.1.
The power to expel extends to all cases where the offense is such
as to be inconsistent with the trust and duty of the Member. In re
Chapman, 166 U.S. 661, 669 (1897). The purpose of expulsion is not
merely to provide punishment but also to remove a Member whose
character and conduct demonstrate an unfitness to participate in the
deliberations and decisions of the House and whose presence in it
tends to bring that body into contempt and disgrace. 2 Hinds
Sec. 1286. The fundamental governing consideration underlying
expulsion proceedings is whether the individual charged has displayed
conduct inconsistent with the trust and duty of a Member. In re
Chapman, 166 U.S. 661, 669 (1897).
The House has considered proposals to expel on several occasions.
Expulsion was used during the Civil War against three Members charged
with being in rebellion against the United States or with having taken
up arms against it. 2 Hinds Sec. Sec. 1261, 1262. More recently, the
House expelled a Member who had been convicted in a Federal court of
bribery and conspiracy in accepting funds to perform official duties.
H. Res. 794, H. Rept. 96-1387, In re Myers, Oct. 2, 1980, p 28953. The
Committee on Standards of Official Conduct (now Ethics) recommended
the expulsion of two Members who had, among other acts of misconduct,
accepted illegal gratuities.

[[Page 523]]

H. Rept. 97-110, In re Lederer; H. Rept. 100-506, In re Biaggi. Both
cases terminated with the Members' resignations.
In 2002 the House expelled a Member for illegal activities that
resulted in Federal criminal convictions including (1) trading
official acts and influence for things of value; (2) demanding and
accepting salary kickbacks from his congressional employees; (3)
influencing a congressional employee to destroy evidence and to
provide false testimony to a Federal grand jury; (4) receiving
personal labor and the services of his congressional employees while
they were being paid by the taxpayers to perform public service; and
(5) filing false income tax returns. H. Res. 495, H. Rept. 107-594, In
re Traficant, July 24, 2002, p 14299.
Following the expulsion of a Member, the Clerk notifies the
Governor of the relevant State of the action of the House. 107-2, July
24, 2002, p 14319.
There have been many instances in which an expulsion proposal
considered in the House has failed, either because it was not
supported by a two-thirds vote or because the House preferred some
lesser penalty. This has occurred where a Member was charged with:

Publishing an article alleged to be in violation of the
privileges of the House. 2 Hinds Sec. 1245.
Abuse of the leave to print. 6 Cannon Sec. 236.
Involvement in an affray on the floor of the House. 2 Hinds
Sec. 1643.
Assaulting a Senator. 2 Hinds Sec. 1621.
Uttering words alleged to be treasonable. 2 Hinds
Sec. Sec. 1253, 1254.
Accepting money for nominating a person to the military
academy. 2 Hinds Sec. 1274.
Attempting to bribe Members of Congress by offering them
shares of stock at sums below their actual value. 2 Hinds
Sec. 1286.
Assaulting another Member for words spoken in debate. 2 Hinds
Sec. 1656.
Using offensive language toward another Member on the floor
and deceiving the Speaker when the Speaker attempted to control
the debate. 2 Hinds Sec. 1251.
Seeking improper dismissal of parking tickets and making
misstatements of fact in a memorandum relating to an
associate's criminal probation record. H. Res. 440, H. Res.
442, H. Rept. 101-610, In re Frank, July 26, 1990, pp 19705,
19717.

Sec. 21 . -- Procedure; Resolutions of Expulsion

Generally; Form

Expulsion proceedings may be initiated by the introduction of a
resolution containing explicit charges, as follows:

[[Page 524]]

Whereas, the Hon. _______, a Member of the House of
Representatives from the State of _______, has, upon this day
_______: Therefore, be it
Resolved, That the said _______, be, and is hereby, expelled from
the House of Representatives.

2 Hinds Sec. Sec. 1254, 1261, 1262.

Under the more recent practice, allegations of misconduct have not
been included in the resolution as reported from the Committee on
Ethics but rather in the accompanying report:

Resolved, That pursuant to article I, section 5, clause 2 of the
United States Constitution, Representative_______, be, and is
hereby, expelled from the House of Representatives.

H. Res. 495, H. Rept. 107-594, In re Traficant, July 24, 2002, p
14300.

The resolution should be limited in its application to one Member
only, although several may be involved. Separate resolutions should be
prepared on each Member. Deschler Ch 12 Sec. 13.
A resolution proposing expulsion may provide for a committee to
investigate and report on the matter. Referral of such a resolution
normally is made to the Committee on Ethics. Deschler Ch 12 Sec. 13.
The resolution is subject to the motion to lay on the table. Manual
Sec. 63.
Under the Constitution, a resolution of expulsion requires the
support of two-thirds of those Members present and voting. An
amendment proposing expulsion may be agreed to by a majority vote;
but, on the proposition as amended, a two-thirds vote is required. 2
Hinds Sec. 1274. An amendment providing for censure is not germane to
a resolution of expulsion. 6 Cannon Sec. 236 (distinguishing 5 Hinds
Sec. 5923).

Sec. 22 . Censure; Reprimand

Generally

Censure and reprimand are two other forms of discipline that may
be administered pursuant to article I, section 5, clause 2 of the
Constitution, which authorizes the House to punish a Member for
disorderly behavior. Manual Sec. 62. These punitive measures are
ordered in the House by a majority of those voting, a quorum being
present. The House itself must order the sanction. The Speaker does
not have the unilateral authority to censure a Member. Deschler Ch 12
Sec. 16.
During its history, the House has censured or reprimanded numerous
Members and Delegates. The House on occasion has made a distinction
between censure and reprimand, the latter being somewhat less
punitive. Censure is administered by the Speaker to the Member at the
bar of the House,

[[Page 525]]

perhaps in a manner specified in the resolution, including the reading
of the censure resolution. See, e.g., 96-1, July 31, 1979, p 21592;
96-2, June 10, 1980, p 13820; 111-2, Dec. 2, 2010, p __. On the other
hand, reprimand is administered to the Member merely by the adoption
of a committee report. Deschler Ch 12 Sec. 16; 105-1, Jan. 21, 1997, p
459. In one recent case, the House chose to adopt a resolution offered
from the floor as a question of the privileges of the House
``disapproving'' of the indecorous behavior of a Member. 111-1, H.
Res. 744, Sept. 15, 2009, p __.
If necessary, the Member to be censured may be arrested and
brought to the bar for the Speaker's pronouncement. 2 Hinds
Sec. Sec. 1251, 1305. The censure appears in full in the Journal. 2
Hinds Sec. 1656; 6 Cannon Sec. 236. In rare instances, the House has
reconsidered a vote of censure or expunged a censure from the Journal
of a preceding Congress. 2 Hinds Sec. 1653; 4 Hinds Sec. Sec. 2792,
2793.

Sec. 23 . -- Grounds; Particular Conduct

The conduct for which censure may be imposed is not limited to
acts relating to the Member's official duties. The power to censure
extends to any reprehensible conduct that brings the House into
disrepute. Deschler Ch 12 Sec. 16.
Many early cases of censure involved the use of unparliamentary
language (2 Hinds Sec. Sec. 1247-1249, 1251, 1305), assaults on a
Member or Senator (2 Hinds Sec. Sec. 1621, 1656), or insults to the
House by the introduction of offensive resolutions (2 Hinds
Sec. Sec. 1246, 1256). During the Civil War, some Members whose
sympathies lay with the Confederacy were censured for uttering
treasonable words. 2 Hinds Sec. Sec. 1252-1254. Censure was also
invoked on the basis of evidence of corrupt acts by a Member. 2 Hinds
Sec. Sec. 1239, 1273, 1274, 1286.
More recent cases have seen censure or reprimand invoked against a
Member for:

Ignoring the processes and authority of the New York State
courts, and improperly using government funds. Deschler Ch 12
Sec. 16.1. Censure recommendation was rejected in favor of
other penalties. Sec. 1, supra.
Failing to report certain financial holdings, in violation of
the Code of Official Conduct, and investing in stock in a bank,
the establishment of which he was promoting, in violation of
the Code of Ethics for Government Service. H. Res. 1421, H.
Rept. 94-1364, In re Sikes, July 29, 1976, p 24377.
Failing to report a campaign contribution as required by law.
H. Res. 1415, H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p
37005.

[[Page 526]]

Failing to report a campaign contribution, converting a
campaign contribution to personal use, and testifying falsely
to the committee under oath. H. Res. 1416, H. Rept. 95-1743, In
re Roybal, Oct. 13, 1978, p 37009.
Unjust enrichment through increasing an office employee's
salary. H. Res. 378, H. Rept. 96-351, In re Diggs, July 31,
1979, p 21584.
Receiving money from a person with direct interest in
legislation, in violation of clause 4 of rule XXIII and
transferring campaign funds into office and personal accounts.
H. Res. 660, H. Rept. 96-930, In re Wilson, June 10, 1980, p
13801.
Sexual misconduct with a page. H. Res. 265, H. Rept. 98-295,
In re Studds, July 20, 1983, p 20030; H. Res. 266, H. Rept. 98-
296, In re Crane, July 20, 1983, p 20020.
Filing false financial disclosure statements in violation of
the Ethics in Government Act. H. Res. 558, H. Rept. 98-891, In
re Hansen, July 31, 1984, p 21650.
``Ghost voting,'' improperly diverting government resources,
and maintaining a ``ghost employee'' on his staff. H. Res. 335,
H. Rept. 100-485, In re Murphy, Dec. 18, 1987, p 36266.
Seeking improper dismissal of parking tickets and for
misstating facts in a memorandum relating to an associate's
criminal probation record. H. Res. 440, H. Rept. 101-610, In re
Frank, July 26, 1990, p 19717.
Using official resources to solicit funds for an educational
center, failing to file complete financial disclosure forms,
and failing to pay taxes on certain property. H. Res. 1737, H.
Rept. 111-661, In re Rangel, Dec. 2, 2010, p __.

Sec. 24 . -- Censure Resolutions

Generally

The censure of a Member is imposed pursuant to a resolution
adopted by the House. Deschler Ch 12 Sec. 16. The resolution may take
the following form:

Resolved, That the Member from ______, ______, in __________ has
been guilty of a violation of the rules and privileges of the House
and merits the censure of the House for the same.
Resolved, That said ___ be now brought to the bar of the House by
the Sergeant-at-Arms, and the censure of the House be administered
there by the Speaker.

2 Hinds Sec. 1259.

The resolution may call for direct and immediate action by the
House. Deschler Ch 12 Sec. 16. Such a resolution should be drafted to
apply to only one Member, although two or more Members may be
involved. 2 Hinds Sec. Sec. 1240, 1621.

[[Page 527]]

A resolution of censure presents a question of privilege. 3 Hinds
Sec. Sec. 2649-2651; 6 Cannon Sec. 239. The Speaker may recognize a
Member to offer a resolution of censure after the question on agreeing
to a resolution calling for expulsion has been decided adversely. 6
Cannon Sec. 236. A resolution reported from committee may be adopted
with an amendment converting the resolution from one of censure to one
of a lesser sanction, such as reprimand. Deschler Ch 12 Sec. 16.1; 95-
2, Oct. 13, 1978, p 37009.

Effect of Apologies or Explanations

In situations involving censure for unparliamentary language or
behavior, the House may accept an apology or explanation from the
Member and terminate the proceedings. 2 Hinds Sec. Sec. 1250, 1257,
1258, 1652. The resolution of censure may be withdrawn. 2 Hinds
Sec. 1250. If the House already has voted to censure, it may
reconsider its vote and decide against censure. 2 Hinds Sec. 1653.

Sec. 25 . Fines; Restitution of Funds

Pursuant to its constitutional authority to punish its Members,
the House may levy a fine as a disciplinary measure against a Member
for certain misconduct. U.S. Const. art. I, Sec. 5, cl. 2; Deschler Ch
12 Sec. 17. The fine may be coupled with certain other disciplinary
measures deemed appropriate by the House. Examples of such fines
include the following:

For improper expenditure of House funds for private purposes,
a fine of $25,000, to be deducted in monthly installments from
the Member's salary. 91-1, H. Res. 2, Jan. 3, 1969, p 29.
For misuse of congressional clerk-hire, restitution of monies
in the amount in which the Member personally benefited by such
misuse. H. Res. 378, H. Rept. 96-351, In re Diggs, July 31,
1979, p 21584.
For a serious violation that, in the opinion of the Committee
on Standards of Official Conduct (now Ethics), was more serious
than one deserving reprimand but less serious than one
deserving censure, reimbursement to the committee for the cost
of conducting the investigation, which was $300,000. H. Res.
31, H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, p 393.
For failure to pay certain taxes, an order to pay restitution
to the appropriate taxing authority and provide proof to the
Committee of such payment. H. Res. 1737, H. Rept. 111-661, In
re Rangel, Dec. 2, 2010, p __.

Fines imposed by the House are separate and distinct from those
for which a Member might be liable under Federal law.

[[Page 528]]

Sec. 26 . Deprivation of Status; Caucus Rules

Seniority Status

Deprivation of seniority status is a form of disciplinary action
that may be invoked by the House against a Member under article I,
section 5, clause 2 of the Constitution. Thus, the House may reduce a
Member's seniority to that of a first-term Representative. Deschler Ch
12 Sec. 18.2. The House may also reduce a Member's committee seniority
as a result of party discipline enforced through the Member's party
caucus. Deschler Ch 12 Sec. 18.1. Members have also been removed from
standing committees amid allegations of ethical misconduct. 109-2,
June 16, 2006, p 11618.

Committee Participation; Committee Chair

The chair of a committee of the House may be subjected to a
variety of disciplinary measures for misconduct in that capacity as
chair. In one instance, a party caucus removed a Member from his
position as chair of a committee based on a report disclosing certain
improprieties concerning his travel expenses and clerk-hiring
practices. Deschler Ch 12 Sec. 9.2. The members of a committee may,
consistent with the House rules, restrict a chair's authority to
appoint special subcommittees or transfer authority from the chair to
the membership and the subcommittee chairs. Deschler Ch 12
Sec. Sec. 12.3, 12.4. The House, through the adoption of a resolution,
may restrict the power of the chair to provide for funds for
investigations by subcommittees. Deschler Ch 12 Sec. 12.2. A
resolution alleging that a Member willfully abused his power as chair
of a committee investigating campaign finance improprieties by
unilaterally releasing records of the committee in contravention of
its rules, and expressing disapproval of such conduct, constitutes a
question of the privileges of the House. 105-2, H. Res. 431, May 14,
1998, p 9276. For examples of similar resolutions alleging abuse of
the powers of a committee chair offered as questions of the privileges
of the House, see 108-1, July 18, 2003, p 18698 and 110-1, Jan. 24,
2007, p 2139.
Rule 25 of the rules of the Republican Conference requires the
chair of any committee or subcommittee to step aside temporarily when
indicted for a felony for which a prison sentence of two or more years
could be imposed. Rule 26 imposes a similar requirement on a member of
the leadership. Rule 27 imposes a more stringent requirement that the
chair of any committee or subcommittee be replaced when censured by
the House or convicted of a felony for which a prison sentence of two
or more years could be imposed. Rules of the Republican Conference,
112th Cong. Rules 48 through 51 of the rules of the Democratic Caucus
impose similar step-

[[Page 529]]

aside requirements on its chairs or ranking minority members. Rules of
the Democratic Caucus, 112th Cong.
Under clause 10 of rule XXIII, a Member, Delegate, or Resident
Commissioner who has been convicted by a court of record for the
commission of a crime for which a prison sentence of two or more years
could be imposed should refrain from participation in the business of
each committee of which such individual is a member.

Voting by a Member Convicted of Certain Crimes

Under clause 10 of rule XXIII, a Member who has been convicted by
a court of record for the commission of a crime for which a prison
sentence of two or more years could be imposed should refrain from
voting on any question in the House or the Committee of the Whole,
unless or until judicial or executive proceedings result in
reinstatement of the presumption of innocence or until reelection to
the House after the date of such conviction.

Sec. 27 . Letter of Reproval

A letter of reproval is a sanction the Committee on Ethics may
impose by majority vote. Rule 24(c), Rules of the Committee on Ethics,
112th Cong. The committee may issue a letter of reproval as indicated
in the following examples:

For bringing discredit to the House with respect to a Member's
ongoing professional relationship with a former member of his
staff, with respect to his campaign committee, and for
violating House gift restrictions. H. Rept. 106-979, In re
Shuster.
For bringing discredit to the House by conduct in interacting
with two female employees. H. Rept. 101-293, In re Bates.
Where the committee cited mitigating circumstances. H. Rept.
100-526, In re Rose.

A letter of reproval may direct the Member to apologize. Deschler Ch
12 Sec. 13; H. Rept. 101-293, In re Bates.

[[Page 531]]

CHAPTER 26
GERMANENESS OF AMENDMENTS

HOUSE PRACTICE

A. Generally

Sec. 1. Introduction
Sec. 2. Germaneness Defined; Factors To Be Considered
Sec. 3. Proposition to Which Amendment Must Be Germane
Sec. 4. Tests of Germaneness
Sec. 5. -- Subject Matter
Sec. 6. -- Committee Jurisdiction
Sec. 7. -- Fundamental Purpose
Sec. 8. -- Accomplishing Result of Bill by Different Method
Sec. 9. -- Individual Proposition or Class Not Germane to Another
Sec. 10. -- General Amendments to Specific or Limited Propositions
Sec. 11. -- Specific Amendments to General Propositions
Sec. 12. -- Adding to Two or More Propositions
Sec. 13. Appropriation Bills

B. Application of Rule to Particular Forms of Amendment

Sec. 14. In General
Sec. 15. Amendments to Particular Portion of Bill
Sec. 16. Adding New Section or Title
Sec. 17. Striking Text
Sec. 18. Substitute Amendments
Sec. 19. Committee Amendments
Sec. 20. Recommittals; Instructions to Committees

C. Amendments Imposing Qualifications or Limitations

Sec. 21. In General; Exceptions or Exemptions
Sec. 22. Conditions or Qualifications
Sec. 23. Restrictions or Limitations
Sec. 24. -- Discretionary Powers
Sec. 25. -- Use of Funds
Sec. 26. Postponing Effectiveness Pending Contingency

[[Page 532]]

D. Relation to Existing Law

Sec. 27. Amendments to Bills Amending Existing Law
Sec. 28. Amendments to Bills Repealing Existing Law
Sec. 29. Amendments to Bills Incorporating Other Laws by Reference
Sec. 30. Amendments to Bills Continuing or Extending Existing Laws
Sec. 31. Amendments Changing Law to Bills Not Changing That Law

E. House-Senate Relations

Sec. 32. Senate Germaneness Rules
Sec. 33. Motions to Instruct Conferees
Sec. 34. Senate Provisions in Conference Reports and in Amendments in
Disagreement
Sec. 35. Amendments to Senate Amendments

F. Procedural Matters; Points of Order

Sec. 36. In General
Research References
5 Hinds Sec. Sec. 5801-5924
8 Cannon Sec. Sec. 2908-3064
Deschler-Brown Ch 28
Manual Sec. Sec. 467, 928-940, 1089

A. Generally

Sec. 1 . Introduction

Evolution of Rule

The House adopted its first germaneness rule in 1789, amended it
in 1822, and has retained the rule in every subsequent Congress.
Clause 7 of rule XVI states that no motion or proposition on a
``subject different from that under consideration shall be admitted
under color of amendment.'' Manual Sec. 928.
It is a fundamental rule of the House that a germane relationship
must exist between an amendment and the matter sought to be amended.
No such rule existed under the practice of the early common law or
under the rules of Parliament. It was not until 1883 that the British
Parliament adopted a rule requiring ``relevancy'' of amendments.
Erskine-May, 9th ed., p 325. Most State legislatures now also have
germaneness requirements.

[[Page 533]]

Before the advent of a germaneness requirement, a legislative
assembly could by an amendment change the entire character of any bill
or other pending proposition. It might entirely displace the original
subject under consideration, and in its stead adopt one wholly foreign
to it, both in form and in substance. 5 Hinds Sec. 5825; Deschler-
Brown Ch 28 Sec. Sec. 1, 17.2; 105-2, Dec. 19, 1998, p 28102. Thus,
the purpose of the rule is to maintain an orderly legislative process,
and to prevent hasty and ill-considered legislation. It prevents the
presentation to the House of propositions that might not reasonably be
anticipated, and for which it might not be properly prepared. 8 Cannon
Sec. 2993.

Application of Rule Limited to Amendments

The germaneness rule applies to amendments and not to the
relationship between the various propositions set forth within the
bill itself. 5 Hinds Sec. 6929; Deschler-Brown Ch 28 Sec. 1. A bill
may be composed in the first instance to embrace different subjects.
The germaneness rule may preclude the introduction of a new subject by
way of amendment during consideration of the bill. 5 Hinds Sec. 5825.
For example, a point of order will not lie against an appropriation in
a general appropriation bill because it is not germane to the rest of
the bill. Deschler-Brown Ch 28 Sec. 17.1.
A point of order will not lie against a special order of business
reported from the Committee on Rules ``self-executing'' the adoption
in the House or in the Committee of the Whole of a nongermane
amendment to a measure because the amendment is not separately before
the House during consideration of the special order of business.
Manual Sec. 928. For a discussion of the germaneness of amendments to
special orders of business reported from the Committee on Rules, see
Sec. 3, infra.

Application Before Adoption of Rules

The germaneness requirement has been held applicable in the House
even before the adoption of the rules, under a theory of general
parliamentary law based upon precedent. Manual Sec. 60.

Sec. 2 . Germaneness Defined; Factors To Be Considered

In General

For an amendment to be germane, it must be one that would
appropriately be considered in connection with the bill. 8 Cannon
Sec. 2993. The concept implies more than the mere ``relevance'' of one
subject to another. The fact that two subjects are related does not
necessarily render each of them germane to the other. 8 Cannon
Sec. Sec. 2970, 2971, 2995; Deschler-Brown Ch 28 Sec. 3.57. The
germaneness of an amendment may depend on the rel

[[Page 534]]

ative scope of the amendment compared with that of the proposition
sought to be amended. A proposition of narrow or limited scope may not
be amended by a proposition of a more general nature, even though both
propositions may be related to each other. Sec. 10, infra. For
example, to a bill authorizing emergency loans to livestock producers,
an amendment changing the word ``livestock'' to ``agricultural'' was
held to broaden the class of producers covered by the bill and,
therefore, to be not germane. Deschler-Brown Ch 28 Sec. 9.27.

Factors Considered in Determining Germaneness

In evaluating an amendment to determine its germaneness, the Chair
considers the relationship of the amendment to the pending text, as
perfected. The Chair considers the relationship between the amendment
and an existing statute that the pending bill seeks to amend only if
the existing statute is so comprehensively amended by the pending bill
as to render amendable all its provisions. Manual Sec. 939; 8 Cannon
Sec. 2942; Deschler-Brown Ch 28 Sec. 12.10. The Chair considers the
relationship of the amendment to the text to which it is offered and
does not generally rely on language in accompanying reports not
contained in the pending text. Deschler-Brown Ch 28 Sec. 2.3.
The stage of the reading in the House or Committee of the Whole
also must be considered when evaluating the germaneness of a
particular amendment. An amendment that might be considered germane if
offered at the end of the reading of the bill for amendment may not be
germane if offered during the reading, before all the provisions of
the bill are open to consideration. Deschler-Brown Ch 28 Sec. 18.1;
Sec. 3, infra.
The germaneness of an amendment is not to be judged by the
apparent motives of the Member offering it. Deschler-Brown Ch 28
Sec. 46.1. In ruling on germaneness, the Chair does not determine the
legal effect of the bill, law, or amendment in question. The Chair
rules only on whether the amendment addresses a ``subject different''
from that under consideration. Deschler-Brown Ch 28 Sec. Sec. 35.64-
35.66.
The title or heading of a bill is not controlling (although it may
be informative) in evaluating the germaneness of amendments offered to
propositions in the bill. The scope of a measure is determined by its
provisions and not by the phraseology of its formal title. Deschler-
Brown Ch 28 Sec. 2.4. Thus, the heading of a portion of a bill as
``Miscellaneous'' will not alone permit amendments to that portion
that are not germane to its actual content; but the provisions under
such a heading may be sufficiently diverse to permit an amendment to
be tested, in effect, by its germaneness to the bill as

[[Page 535]]

a whole rather than merely that portion. Manual Sec. 929; Deschler-
Brown Ch 28 Sec. 2.5.

Sec. 3 . Proposition to Which Amendment Must Be Germane

Generally

The germaneness of an amendment is based on its relationship to
the particular portion of the bill then open for amendment. The
amendment should be germane to the particular paragraph, section, or
title to which it is offered and not anticipate the subject matter of
other portions not yet read or portions that have been passed in the
reading. Manual Sec. 929; 5 Hinds Sec. Sec. 5811-5820; 8 Cannon
Sec. 2922; Deschler-Brown Ch 28 Sec. 2. For example, the test of
germaneness of an amendment offered to a title of a bill being read
for amendment by titles is its relationship to the pending title as
perfected and not to the particular section within that title
addressed by the amendment. Manual Sec. 929.
The germaneness of an amendment inserting a new portion is based
on the relationship of the amendment to the portions of the bill that
have been read. For example, the germaneness of an amendment adding a
new title to the end of the bill is based on the relationship of the
amendment to the entire bill. Manual Sec. 929. Similarly, an amendment
inserting a new section need not necessarily be germane to the
preceding section of the bill, it being sufficient that the amendment
be germane to the sections of the bill read to that point. By the same
reasoning, an amendment in the form of a new paragraph need not be
germane to the paragraph immediately preceding or following it. Manual
Sec. 929; 8 Cannon Sec. Sec. 2932-2935.

Amendments to Pending Amendments

The test of germaneness of an amendment to a pending amendment is
its relationship to the pending amendment and not to the bill to which
that pending amendment has been offered. Deschler-Brown Ch 28
Sec. 2.24. It follows that the test of germaneness of a substitute for
a pending amendment is the relationship between the substitute and the
amendment and not between the substitute and the pending bill.
Deschler-Brown Ch 28 Sec. 2.17. Similarly, the test of germaneness of
an amendment to an amendment in the nature of a substitute is the
relationship between those two propositions, and not between the
amendment and the pending bill. Deschler-Brown Ch 28 Sec. 21.23.

Consideration of Entire Bill

An amendment might be germane at the end of the reading of the
bill for amendment, even though it would not have been germane if
offered dur

[[Page 536]]

ing the reading. Where a bill is, by unanimous consent, considered as
read and open to amendment at any point, the test of germaneness of an
amendment thereto is its relationship to the entire bill and not just
its relationship to the particular section to which offered. Manual
Sec. 929; Deschler-Brown Ch 28 Sec. Sec. 2.6, 2.31, 19.21. An
amendment that adds a new portion at the end of the bill is evaluated
by the relationship of the amendment to the entire bill. Manual
Sec. 929.
The test of germaneness in the case of a motion to recommit with
instructions is the relationship of the instructions to the perfected
bill taken as a whole and not merely their relationship to the
separate portion of the bill specifically proposed to be amended in
the instructions. Manual Sec. 929.

Effect of Prior Amendments

In evaluating the germaneness of an amendment, the Chair considers
the relationship of the amendment to the bill as modified by the
adoption of any prior amendment and is not bound solely by the
provisions of the original text. Thus, a perfecting amendment may be
ruled out as not germane where it pertains to text that has been
stricken from the bill. Manual Sec. 929; Deschler-Brown Ch 28
Sec. Sec. 2.9, 2.13, 35.32.

Effect of Pendency of Motion to Strike

A perfecting amendment to a title in a bill may be offered while
there is pending a motion to strike the title. Such an amendment is to
the pending text and not to the motion to strike; and thus the
amendment is required to be germane to the text to which offered
rather than the motion to strike. Manual Sec. 929.

Amendments to Special Orders of Business Reported from the Committee
on Rules

An amendment offered to a special order of business reported from
the Committee on Rules (for example, waiving germaneness points of
order against a specified amendment to be offered) must be germane to
that resolution. A special order of business reported from the
Committee on Rules providing for the consideration of a bill relating
to a certain subject may be amended neither by an amendment that would
substitute the consideration of a different proposition nor an
amendment that would permit the additional consideration of a
nongermane amendment to the bill. Manual Sec. 928.

[[Page 537]]

Sec. 4 . Tests of Germaneness

Generally; Nonexclusiveness of Tests

Various tests may be invoked to determine the germaneness of an
amendment. These tests are not mutually exclusive. Manual Sec. 935.
The Chair, in evaluating germaneness, first must understand the nature
and scope of the pending portion of the proposition being amended and
then the relationship of the offered amendment to that pending text.
The Chair follows the most appropriate line of precedent in rendering
a ruling.
An amendment may satisfy one of the tests and yet be ruled out
because of its failure to satisfy another. An amendment may thus be
subject to a germaneness point of order, even though it is in some
sense related to the pending proposition.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Excluding a Member-elect. . . . Expelling the Member-elect (5 Hinds Sec. 5924)

Expelling a Member. . . . Censuring the Member (6 Cannon Sec. 236)

Relating to interstate commerce. . . . Relating to foreign commerce (8 Cannon Sec. 2918)

Proposing a committee investigation. . . . Requesting a committee report (5 Hinds Sec. 5887)

Assigning clerks to committees. . . . Assigning clerks to Members (5 Hinds Sec. 5901)

Erecting a building for a mint. . . . Changing coinage laws (5 Hinds Sec. 5884)

Raising price of agricultural products by creation of Raising price by cooperative marketing (8 Cannon Sec.
corporation. . . . 2912)

Repealing a specific mortgage refinancing program. . . Regulating financial sector employee compensation. (112-
. 1, Mar. 10, 2011, p __)

Increasing food supplies by educational and Increasing food supplies by sale of fertilizer (8
demonstrational methods. . . . Cannon Sec. 2980)

[[Page 538]]

Enforcing State liquor laws. . . . Enforcing State firearm laws (Manual Sec. 932)

Sec. 5 . -- Subject Matter

Clause 7 of rule XVI precludes amendments ``on a subject different
from that under consideration.'' This test of germaneness implies more
than mere ``relevance.'' The test is whether or not a new subject is
introduced by the amendment. An amendment relating to a subject to
which there is no reference in the pending text may be subject to a
point of order that it is not germane to the bill. Manual Sec. 932;
Deschler-Brown Ch 28 Sec. 3; see also Sec. 2, supra.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Creating a canal by one route. . . . Changing route (5 Hinds Sec. 5909)

Creating a board of inquiry. . . . Specifying time of report (5 Hinds Sec. 5915)

Creating two boards with separate duties. . . . Creating one board with authorization to discharge the
duties of both boards (8 Cannon Sec. 3064)

Rescinding an order for adjournment. . . . Fixing new date for adjournment (5 Hinds Sec. 5920)

Regulating immigration. . . . Providing an educational test for immigrants (5 Hinds
Sec. 5873)

Controlling public places in the District of Columbia. Removing fence of Botanic Garden (5 Hinds Sec. 5914)
. . .

Appropriating funds for acquisition of information Appropriating funds for an investigation incident
pertaining to agricultural products. . . . thereto (8 Cannon Sec. 3060)

Authorizing the construction of naval vessels. . . . Providing that the vessels be constructed in government
plants (8 Cannon Sec. 3063)

[[Page 539]]

Revising food safety laws and providing new regulatory Providing for the preemptive purchase of food related
authorities. . . . to such authorities (111-1, July 30, 2009, p __)

Addressing the interrelation of House committees and Addressing the content of reports from the Committee on
imposing requirements for filing and content of Appropriations and the jurisdictional responsibilities
committee reports. . . . of that committee and legislative committees (Deschler-
Brown Ch 28 Sec. 35.89)

Ameliorating procedures relating to mortgage Placing a moratorium on foreclosures of mortgages in
foreclosure under the National Housing Act. . . . economically depressed areas (Deschler-Brown Ch 28
Sec. 3.36)

Addressing certain sections of the Clean Air Act with Addressing another section of that Act suspending for a
respect to the impact of shortages of energy resources temporary period the authority of the EPA
on standards imposed under that Act. . . . Administrator to control automobile emissions (Manual
Sec. 932)

Prescribing the functions of a new Federal Energy Directing the Administrator to issue preliminary summer
Administration and conferring wide discretionary guidelines for citizen fuel use (Deschler-Brown Ch 28
powers on its Administrator. . . . Sec. 33.15)

Requiring a general study of factors affecting domestic Requiring a study of a particular factor--currency
production of automobiles exchange rates--affecting that production (Deschler-
Brown Ch 28 Sec. 10.6)

Held Not Germane

Text Amendment

Admitting religious refugees. . . . Admitting political refugees (8 Cannon Sec. 3047)

Limiting immigration. . . . Disseminating information to attract a better class of
immigrants (8 Cannon Sec. 3048)

[[Page 540]]

Prohibiting mailing of revolvers. . . . Prohibiting mailing of publications advertising
revolvers (8 Cannon Sec. 3052)

Authorizing arbitration of claims against the Appropriating funds to pay claims so arbitrated (8
government. . . . Cannon Sec. 3057)

Eliminating wage discrimination based on the sex of the Eliminating discrimination based on race (Deschler-
employee. . . . Brown Ch 28 Sec. 3.18)

Providing for comprehensive reform of immigration laws. Increasing the number of law enforcement officials,
. . . including U.S. Marshalls (whose responsibilities go
beyond enforcement of immigration laws) (109-2, Sept.
21, 2006, p 18861)

Authorizing the use of American civilians to operate an Requiring that the U.S. contribution to the U.N. peace-
early-warning system in the Sinai. . . . keeping forces in the Middle East be proportionately
reduced (Deschler-Brown Ch 28 Sec. 3.47)

Establishing a cotton research program and promoting Providing for research with respect to training and
the marketing of cotton. . . . utilization of displaced farm labor in the cotton
industry (Deschler-Brown Ch 28 Sec. 3.5)

Extending the phased subsidization of certain Establishing a new class of mail and postal rate
categories of nonprofit mail. . . . therefor (Deschler-Brown Ch 28 Sec. 9.54)

Reducing tax liabilities of individuals and businesses Providing rebates to recipients under retirement and
by providing diverse tax credits within the Internal survivor benefit programs (Deschler-Brown Ch 28 Sec.
Revenue Code. . . . 35.52)

Governing the political activities of Federal employees Prohibiting any employment or compensation, from
and containing certain restrictions on Federal whatever source, for candidates for office (Deschler-
employment relative to such activities. . . . Brown Ch 28 Sec. 9.50)

Addressing access to committee hearings and meetings. . Addressing committee staffing (Deschler-Brown Ch 28
. . Sec. 35.91)

[[Page 541]]

Addressing the administrative structure of a new Prohibiting the department from withholding funds to
department. . . . carry out certain objectives (Deschler-Brown Ch 28
Sec. 34.25)

Providing for the settlement of tribal claims. . . . Setting new fuel procurement objectives for Federal
agencies (110-2, June 25, 2008, p 13755)

During consideration of one of two reconciliation bills Changing prospectively and indirectly the other
reported by the Committee on the Budget. . . . reconciliation bill not then pending before the House
(Manual Sec. 932)

Reauthorizing the National Sea Grant College Program. . Amending existing law to provide for automatic
. . continuation of appropriations in the absence of
timely enactment of a regular appropriation bill
(Manual Sec. 932)

Opposing concessional loans to a country and outlining Waiving other provisions of law by requiring changes in
principles governing the conduct of industrial tariff schedules to achieve overall trade reciprocity
cooperation projects of U.S. nationals in that between that country and the United States (Manual
country. . . . Sec. 932)

Authorizing the deployment of troops to implement a Expressing support for the armed forces in carrying out
peace agreement. . . . such mission (Manual Sec. 932)

Addressing enforcement of State liquor laws. . . . Addressing enforcement of State firearm laws (Manual
Sec. 932)

Proposals Relating to Studies

To a proposal authorizing a program to be undertaken, an amendment
providing for a study to determine the feasibility of undertaking such
a program may be germane. Deschler-Brown Ch 28 Sec. 30.37 (in effect
overturning 8 Cannon Sec. 2989). Conversely, an amendment requiring
certain action is not germane to a proposal that would merely require
a study. Accordingly, to a proposition establishing a commission to
study a matter, an amendment directing an official to undertake and
accomplish that matter is not germane. Deschler-Brown Ch 28 Sec. 3.69.
However, if an amendment to a proposal to study a matter merely
requires the submission of proposed legislation to im

[[Page 542]]

plement the study, the amendment may be germane. Deschler-Brown Ch 28
Sec. 3.14.

Sec. 6 . -- Committee Jurisdiction

Generally

Committee jurisdiction over the subject of an amendment is a
relevant test to be applied in determining the germaneness of that
amendment. Manual Sec. 934; Deschler-Brown Ch 28 Sec. 4. Thus, to a
bill providing agricultural price supports to stimulate domestic
production, an amendment repealing price control for all commodities
(within the jurisdiction of the Committee on Banking and Currency)
would not be germane. Manual Sec. 934. Similarly, an amendment
changing the statement of policy contained in a bill is not germane if
its effect is to fundamentally change the purpose of the bill and to
emphasize a subject within the jurisdiction of another committee.
Deschler-Brown Ch 28 Sec. 4.11. Likewise, an amendment conferring
authority on an executive official not mentioned in the pending
proposition is not germane where the subject of that authority is not
within the jurisdiction represented in the pending proposition. Manual
Sec. 934.
The chair of the Committee of the Whole may determine the
germaneness of an amendment based upon the discernible committee
jurisdictions as to subject matter without infringing upon the
Speaker's prerogatives under rule XII to determine committee
jurisdiction over introduced legislation. Deschler-Brown Ch 28
Sec. 4.71. The fact that the amendment is contained in a motion to
recommit the bill with instructions does not dispense with the
requirement that the subject matter of the amendment be within the
jurisdiction represented in the pending text. Manual Sec. 930.
However, the fact that the subject matter of an amendment lies
within the jurisdiction of a committee other than that having
jurisdiction over the introduced bill does not necessarily dictate the
conclusion that the amendment is not germane. Committee jurisdiction
is but one of the tests of germaneness. In ruling on the question, the
Chair must take into consideration other factors, including the fact
that the introduced bill may have been broadened or narrowed by
amendment. Manual Sec. 929. Where the bill is amended in Committee of
the Whole to include matters within the jurisdiction of other
committees, further similar amendments may be germane. Deschler-Brown
Ch 28 Sec. 4.54. The Chair also may take into account the fact that
the portion of the bill being amended itself contains language related
to the amendment that is not within the jurisdiction of the committee
reporting the bill. Manual Sec. 934. An amendment in the nature of a
substitute may be in order even though an incidental portion of the
amendment, if consid

[[Page 543]]

ered separately, might be within the jurisdiction of another
committee. Deschler-Brown Ch 28 Sec. 30.36.
Committee jurisdiction over the subject of an amendment is most
relevant where the pending text is entirely within one committee's
jurisdiction and where the amendment falls within another committee's
purview. Deschler-Brown Ch 28 Sec. 4.99. Thus, committee jurisdiction
is a relevant test where an authorization bill that is solely within
one committee's jurisdiction is proposed to be amended by permanent
changes of laws within another committee's jurisdiction. Deschler-
Brown Ch 28 Sec. 24.1. Committee jurisdiction over the subject of an
amendment may not be the most apt test of germaneness where the
proposition being amended contains provisions so comprehensive as to
overlap several committees' jurisdictions. Manual Sec. 934.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

A bill reported from the Committee on International Providing for payment of costs of settlement of
Relations (now Foreign Affairs) dealing with evacuees in the U.S., a matter within the jurisdiction
humanitarian and evacuation assistance in South of the Committee on the Judiciary (Deschler-Brown Ch
Vietnam. . . . 28 Sec. 4.52)

A bill reported from the Committee on Armed Services Requiring reports on the Soviet Union's compliance with
containing diverse provisions relating to national its arms control commitments, a matter within the
defense policy, military procurement, and personnel. . jurisdiction of the Committee on Foreign Affairs
. . (Deschler-Brown Ch 28 Sec. 4.26)

A bill within the jurisdiction of the Committee on Proposing revisions to the Foreign Intelligence
Armed Services and the Committee on Foreign Affairs Surveillance Act, an act within the jurisdiction of
regarding the redeployment of U.S. troops and related the Committee on the Judiciary and the Permanent
diplomatic issues. . . . Select Committee on Intelligence (110-1, July 12,
2007, p 18844)

A bill reported from the Committee on Merchant Marine Urging cooperation of other nations as to certain Coast
and Fisheries authorizing various activities of the Guard and military operations, a matter within the
Coast Guard. . . . jurisdiction of the Committee on Foreign Affairs
(Deschler-Brown Ch 28 Sec. 4.46)

[[Page 544]]

A bill reported from the Committee on Natural Resources Providing for comprehensive energy legislation within
providing for a study of two rivers for inclusion in the jurisdiction of seven different committees (110-2,
the National Wild and Scenic Rivers System. . . . Sept. 10, 2008, p 18417)

A bill reported from the Committee on Public Works and Amending the Clean Air Act (a statute within the
Transportation amending the Federal Water Pollution jurisdiction of the Committee on Energy and Commerce)
Control Act. . . . to regulate ``acid rain'' (Deschler-Brown Ch 28 Sec.
4.3)

A bill authorizing environmental research and Adding permanent regulatory authority by amending a law
development activities of an agency for two years. . . not within the jurisdiction of the committee reporting
. the bill (Deschler-Brown Ch 28 Sec. 4.1)

A bill relating to intelligence activities of the Effecting a change in the rules of the House by
executive branch. . . . directing a committee to impose an oath of secrecy on
its members and staff (Manual Sec. 934)

A bill reported from the Committee on Science and Expressing the sense of Congress as to the agency's
Technology (now Science, Space, and Technology) regulatory and enforcement activity--a matter within
authorizing environmental research and development the jurisdiction of another committee (Deschler-Brown
activities of an agency for two years. . . . Ch 28 Sec. 4.2)

A bill reported from the Committee on Interior and Providing unemployment and retraining entitlement
Insular Affairs designating certain wilderness areas payments to persons affected by such wilderness
in Oregon. . . . designations, a matter falling within the jurisdiction
of other committees (Deschler-Brown Ch 28 Sec. 4.8)

A bill reported from the Committee on Agriculture Relating to tariff duties on imported dairy products, a
providing a one-year price support for milk. . . . matter within the jurisdiction of the Committee on
Ways and Means (Deschler-Brown Ch 28 Sec. 4.74)

[[Page 545]]

A bill reported from the Committee on Public Works and Providing grants to such governments to assist them in
Transportation relating to grants to State and local providing public services, a program within the
governments for local public works construction jurisdiction of the Committee on Government Operations
projects. . . . (Deschler-Brown Ch 28 Sec. 4.99)

A bill reported from the Committee on Ways and Means Precluding the purchase of fuel-inefficient automobiles
providing taxes and tax incentives to conserve energy. by the government, a subject within the jurisdiction
. . . of the Committee on Government Operations (Deschler-
Brown Ch 28 Sec. 4.21)

A bill reported from the Committee on Interstate and Reducing energy consumption by the Federal government
Foreign Commerce to conserve energy resources by by a reduced work-week for Federal civilian employees,
regulating the production, allocation and use of those a matter within the jurisdiction of the Committee on
resources. . . . Post Office and Civil Service (Deschler-Brown Ch 28
Sec. 4.13)

A bill reported by the Committee on Ways and Means Eliminating all price support payments for sugar, a
dealing only with import duties and quotas on sugar. . matter within the jurisdiction of the Committee on
. . Agriculture (Deschler-Brown Ch 28 Sec. 4.73)

A bill reported from the Committee on International Providing foreign and domestic economic assistance, a
Relations (now Foreign Affairs) providing foreign matter within the jurisdiction of the Committee on
economic assistance. . . . Banking (Deschler-Brown Ch 28 Sec. 3.46)

A bill reported from the Committee on Energy and Prohibiting certain uses of general revenue-sharing
Commerce relating to mentally ill individuals. . . . funds (a matter within the jurisdiction of another
committee) in certain areas (Deschler-Brown Ch 28 Sec.
4.104)

[[Page 546]]

A bill reported from the Committee on Education and Establishing a contingent military service obligation
Labor (now Education and the Workforce) authorizing a (a matter within the jurisdiction of the Committee on
variety of civilian national service programs. . . . Armed Services) (Manual Sec. 934)

A bill reauthorizing programs administered by two Providing for authority that is more general in scope,
agencies within one committee's jurisdiction. . . . affecting agencies within the jurisdiction of other
committees (Manual Sec. 934)

A bill reported by the Committee on Transportation and Rescinding previously appropriated funds for certain
Infrastructure reforming and privatizing Amtrak. . . . administrative expenses, a matter within the
jurisdiction of the Committee on Appropriations
(Manual Sec. 934)

A concurrent resolution expressing a sense of Congress Addressing legislative responses to that problem,
with respect to the availability of public funds for within the jurisdiction of other committees (Manual
expenses incurred in the evaluation of a problem. . . Sec. 934)
.

A bill reported from the Committee on Government Reform Proposing to extend the application of that law to
and Oversight proposing to alter responsibilities of entities of the legislative branch, a matter within
executive branch agencies under an existing law. . . . the jurisdiction of the Committee on House
Administration (Manual Sec. 934)

A resolution authorizing the deployment of troops to Expressing support for the armed forces carrying out
implement a peace agreement, within the jurisdiction such mission, within the jurisdiction of both the
of the Committee on International Relations. . . . Committees on Armed Services and International
Relations (Manual Sec. 934)

A bill comprehensively amending agricultural law and Proposing to extend an existing dairy compact and
addressing some laws outside the jurisdiction of the create three new dairy compacts, within the
Committee on Agriculture. . . . jurisdiction of the Committee on the Judiciary (Manual
Sec. 934)

[[Page 547]]

Sec. 7 . -- Fundamental Purpose

Another test used by the Chair in determining germaneness is one
in which the fundamental purpose of the bill is compared with the
fundamental purpose of the amendment. Manual Sec. 933. If the purpose
or objective of an amendment is unrelated to that of the bill to which
it is offered, the amendment may be held not germane. 8 Cannon
Sec. 2911; Deschler-Brown Ch 28 Sec. 4.10. This test is particularly
applicable to an amendment in the nature of a substitute. Deschler-
Brown Ch 28 Sec. 5. If the purpose of a highway bill is to connect
points A and B, an amendment specifying a different route between A
and B would reflect the same fundamental purpose. However, an
amendment connecting A and D would have a different purpose and would
not be germane. 5 Hinds Sec. 5909.
An amendment changing the statement of policy contained in a bill
is not germane if its effect is to fundamentally change the purpose of
the bill. Deschler-Brown Ch 28 Sec. 4.11. An amendment changing the
law with respect to the operations of one agency is not germane to a
bill relating to the operations of a different agency. Deschler-Brown
Ch 28 Sec. 5.24.
In determining the fundamental purpose of a bill or an amendment
offered thereto, the Chair may examine the broad scope of the bill and
the stated purpose of the amendment and need not be bound by ancillary
purposes that are merely suggested by the amendment. Manual Sec. 933;
Deschler-Brown Ch 28 Sec. 5.12. An amendment in the form of a new
title may be germane to a bill as a whole where that bill contains
additional provisions not necessarily confined to the primary purpose,
so long as the amendment falls within the overall parameters of the
bill. Deschler-Brown Ch 28 Sec. 5.20.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing funds to provide humanitarian and Authorizing funds for military aid to a foreign country
evacuation assistance and authorizing the use of to be used by that country to further the fundamental
United States troops to provide that assistance. . . . purpose of the bill (Deschler-Brown Ch 28 Sec. 5.23)

Enforcing the right to vote as guaranteed by the 15th Protecting freedom of speech and other first amendment
amendment to the Constitution. . . . rights whose abridgment might affect the exercise of
voting rights (Deschler-Brown Ch 28 Sec. 5.3)

[[Page 548]]

Enforcing constitutional voting rights by requiring Providing for court appointment of voting referees to
preservation of Federal election returns. . . . insure protection of voters' rights (Deschler-Brown Ch
28 Sec. 5.2)

Criminalizing use of a firearm during the commission of Criminalizing carrying of a firearm during the
a felony that may be prosecuted in a Federal court. . commission of a felony that may be prosecuted in
. . either a State or Federal court (Deschler-Brown Ch 28
Sec. 12.10)

Providing an omnibus surface transportation Authorizing funds for certain highway projects that
authorization for highway-related projects as well as would incidentally permit completion of a related
roadways. . . . flood control project (Deschler-Brown Ch 28 Sec.
5.12)

Authorizing the construction of a trans-Alaska oil-gas Containing similar procedures and including the
pipeline pursuant to procedural safeguards promulgated condition that all participants be assured rights
by the Secretary of the Interior. . . . against discrimination as set forth in the Civil
Rights Act (Deschler-Brown Ch 28 Sec. 5.1)

Freezing the obligation of funds for fiscal year 1996 Permitting an increase in the obligation of such funds
for missile defense until the Secretary of Defense on the basis of legislative findings concerning
rendered a specified readiness certification. . . . readiness, as each proposition addressed the
relationship between 1996 funding levels for missile
defense and readiness (Manual Sec. 933)

Held Not Germane

Text Amendment

Proposing a constitutional amendment relating to the Proposing an apportionment of Representatives and
election of the President and Vice President by concerning the size of congressional districts
popular vote rather than through the electoral college (Deschler-Brown Ch 28 Sec. 8.12)
process. . . .

[[Page 549]]

Authorizing military assistance programs to foreign Authorizing a contribution to the U.N. International
nations. . . . Atomic Energy Agency (Deschler-Brown Ch 28 Sec.
42.52)

Authorizing law enforcement agency grants to purchase Providing for the purchase of bulletproof vests
photographic and fingerprint equipment for law (Deschler-Brown Ch 28 Sec. 3.78)
enforcement purposes. . . .

Extending the advisory and informational authority of Authorizing the President to issue orders and
the Council on Wage and Price Stability to encourage regulations stabilizing economic transfers, including
voluntary programs to resist inflation. . . . wages and prices (Deschler-Brown Ch 28 Sec. 6.20)

Establishing a new office within a government Abolishing the department (Deschler-Brown Ch 28 Sec.
department. . . . 4.109)

Enabling agencies of the government to formulate Prohibiting certain uses of fuel (for school busing)
policies relating to energy conservation. . . . and imposing criminal penalties for such use (Deschler-
Brown Ch 28 Sec. 5.15)

Extending various laws relating to higher education. . Imposing restrictions on preschool, elementary, and
. . secondary education policy (Deschler-Brown Ch 28 Sec.
35.58)

Providing funding for urban highway transportation Broadening the bill to include rail transportation
systems. . . . (Deschler-Brown Ch 28 Sec. 4.62)

Requiring registration and public disclosure by Regulating their activities by placing a ceiling on
lobbyists but not regulating or prohibiting their their monetary contributions to Federal officials and
activities. . . . prohibiting lobbying within certain areas (Deschler-
Brown Ch 28 Sec. 5.31)

Relating to the minting and issuance of public Providing for a commemorative coin intended for private
currency. . . . circulation (Deschler-Brown Ch 28 Sec. 5.27)

Impeaching the President. . . . Censuring the President (Manual Sec. 933)

[[Page 550]]

Authorizing a State attorney general to bring a civil Singling out certain violations of liquor laws on the
action in Federal court against a person who has basis of their regard for any and all firearms issues
violated a State law regulating intoxicating liquor. . (Manual Sec. 933)
. .

Authorizing a State attorney general to bring a civil Creating new Federal laws to regulate intoxicating
action in Federal court against a person who has liquor (Manual Sec. 933)
violated a State law regulating intoxicating liquor. .
. .

Sec. 8 . -- Accomplishing Result of Bill by Different Method

In order to be germane, an amendment must not only have the same
end as the matter sought to be amended, but also must contemplate a
method of achieving that end that is closely allied to the method
encompassed in the bill or other matter sought to be amended. Manual
Sec. 933; Deschler-Brown Ch 28 Sec. 6.4. Under this principle, when a
proposition to accomplish a certain purpose by one method is pending,
an amendment seeking to achieve the same purpose by another closely
related method is germane. Deschler-Brown Ch 28 Sec. 5.14. For
example, if the purpose of a bill is to support the health of school
children by mandating oranges in a school lunch program, an amendment
providing free vitamin C supplements may be germane. Likewise, a
proposition to accomplish a certain result by two alternative methods
may be amended by language proposing to accomplish that result by a
third, closely related method. Deschler-Brown Ch 28 Sec. 6.8. However,
an amendment to accomplish a similar purpose by an unrelated method,
not contemplated by the bill, is not germane. Deschler-Brown Ch 28
Sec. 6.4.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Accomplishing a result through regulation by an Achieving the same result through the use of another
executive branch agency. . . . governmental entity (Deschler-Brown Ch 28 Sec. 6.8)

[[Page 551]]

Conducting a broad range of programs involving energy Authorizing the Council on Environmental Quality to
sources, including environmental research related to evaluate environmental effects of energy technology
the development of energy sources. . . . (Deschler-Brown Ch 28 Sec. 6.9)

Providing loan guarantee programs for all States and Providing direct loans (and limiting them to New York)
subdivisions. . . . (Deschler-Brown Ch 28 Sec. 6.4)

Subjecting employers who fail to apprise their workers Subjecting employers to penalties prescribed in the
of health risks to penalties under certain laws and amendment (Manual Sec. 933)
regulations. . . .

Held Not Germane

Text Amendment

Conserving energy through the imposition of civil Conserving energy through tax rebates to purchasers of
penalties on manufacturers of low-miles-per-gallon high-miles-per-gallon automobiles (Deschler-Brown Ch
automobiles. . . . 28 Sec. 6.12)

Establishing an independent agency within the executive Emphasizing committee oversight and authorizing
branch to accomplish a particular purpose. . . . committees to order the agency to take certain actions
(Deschler-Brown Ch 28 Sec. 6.36)

Authorizing the Attorney General to participate in Establishing a Community Relations Service to assist in
litigation based on discrimination in public resolving disputes arising from discriminatory
facilities. . . . practices (Deschler-Brown Ch 28 Sec. 9.11)

[[Page 552]]

Authorizing the promulgation of national drinking water Requiring the negotiation and enforcement of
standards to protect public health from contaminants. international agreements to accomplish that purpose
. . . (Deschler-Brown Ch 28 Sec. 6.25)

Controlling crime through research and training. . . . Controlling crime through regulation of the sale of
firearms (Deschler-Brown Ch 28 Sec. 6.6)

Extending unemployment compensation benefits during a Stimulating economic growth by tax incentives and
period of economic recession. . . . regulatory reform (Manual Sec. 933)

Promoting technological advancement by fostering Promoting same by changes in tax and antitrust laws
Federal research and development. . . . (Manual Sec. 933)

Providing financial assistance to domestic agriculture Protecting domestic agriculture by restricting imports
through a system of price support payments. . . . in competition therewith (Deschler-Brown Ch 28 Sec.
6.18)

Addressing substance abuse through prevention and Imposing civil penalties on drug dealers (Manual Sec.
treatment. . . . 933)

Impeaching the President. . . . Censuring the President (Manual Sec. 933)

Sec. 9 . -- Individual Proposition or Class Not Germane to Another

One individual proposition is not germane to another individual
proposition. Manual Sec. 936; 8 Cannon Sec. Sec. 2951-2953, 2963-2966;
Deschler-Brown Ch 28 Sec. Sec. 8.23, 8.33. Thus, in theory, a bill
regulating the transportation of apples could not be amended by
language regulating the transportation of

[[Page 553]]

oranges. However, if an individual proposition is rendered general in
its scope by amendment, it is then subject to further amendment by
propositions of the same class. 8 Cannon Sec. 3003.
An individual proposition is not germane to another individual
proposition merely because they are related. Thus, to a bill amending
one subsection of law dealing with one prohibited type of activity, an
amendment to another subsection dealing with a related but separate
prohibited type of activity is not germane. Deschler-Brown Ch 28
Sec. 8.7.
Where a bill covers two or more subjects within a readily
definable class, it is not germane to add subjects outside of that
class by way of amendment. Deschler-Brown Ch 28 Sec. 3.80. Likewise,
to a bill pertaining to several functions within an identifiable class
of activity, an amendment adding a function outside that class would
not be germane. Manual Sec. 936.
To a bill dealing with relief for one class, an amendment seeking
to include another class is not germane. Deschler-Brown Ch 28
Sec. 13.19. Thus, to a bill providing financial relief for one class--
agricultural producers--an amendment was held not germane where it
extended such relief to another class, commercial fishermen,
particularly where relief to the latter class was within the
jurisdiction of another committee. Deschler-Brown Ch 28 Sec. 4.70.
To a bill extending certain provisions to specified categories
within a certain class of employees, an amendment extending those
provisions to an additional category of employees within that same
class is germane. Deschler-Brown Ch 28 Sec. 12.1. However, such an
amendment is not germane if it brings other classes of employees
within the scope of the bill. Deschler-Brown Ch 28 Sec. 13.1.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Providing for the relief of one individual. . . . Providing for similar relief of another (5 Hinds Sec.
Sec. 5826-5929)

Exterminating the boll weevil. . . . Including the gypsy moth (5 Hinds Sec. 5832)

Providing a clerk for a committee. . . . Providing a clerk for another committee (5 Hinds Sec.
5833)

Providing for an additional judge in one territory. . . Providing additional judges in other territories (5
. Hinds Sec. 5830)

[[Page 554]]

Providing relief for dependents of persons in the Army. Extending benefits to dependents in the National Guard
. . . (8 Cannon Sec. 2953)

Pensioning veterans of Indian wars. . . . Pensioning veterans of Mexican wars (8 Cannon Sec.
2960)

Appropriating funds for only one year (and containing Extending the appropriation to another year (Manual
no provisions extending beyond that year). . . . Sec. 936; 8 Cannon Sec. 2913)

Relating to congressional actions on the budget. . . . Repealing the Impoundment Control Act, thereby
addressing Presidential authority to rescind or defer
(Deschler-Brown Ch 28 Sec. 4.89)

Siting a certain type of repository for a specified Prohibiting the construction at another site of another
kind of nuclear waste. . . . type of repository for another kind of nuclear waste
(Manual Sec. 936)

Disposing of tin from the national stockpile. . . . Disposing of silver from the national stockpile
(Deschler-Brown Ch 28 Sec. 8.33)

Providing financial assistance to the States for Providing loans to assist in the construction of
construction of public school facilities. . . . private schools (Deschler-Brown Ch 28 Sec. 8.39)

Settling a particular railway labor dispute. . . . Settling another dispute between a different railroad
company and its employees (Deschler-Brown Ch 28 Sec.
8.34)

Prohibiting a certain type of activity. . . . Including another class of prohibited activities
(Deschler-Brown Ch 28 Sec. 8.7)

Designing certain coins. . . . Specifying the metal content of other coins (Deschler-
Brown Ch 28 Sec. 8.35)

Regulating poll-closing time in Presidential general Extending the provisions to Presidential primary
elections. . . . elections (Deschler-Brown Ch 28 Sec. 8.13)

[[Page 555]]

Relating to the civil service system for Federal Including other classes of employees (postal and
civilian employees. . . . District of Columbia employees) (Deschler-Brown Ch 28
Sec. 8.4)

Providing a cost-of-living adjustment for foreign Providing a comparable adjustment in annuities for
service retirees. . . . Federal civil service employees (Deschler-Brown Ch 28
Sec. 8.6)

Determining the equitability of Federal pay practices Extending the determination of fairness to pay
under statutory systems applicable to agencies of the practices in the legislative branch (Deschler-Brown Ch
executive branch. . . . 28 Sec. 13.8)

Providing for payment from the Senate contingent fund Providing additional travel allowances, payable from
of certain travel expenses incurred by Senate the House contingent fund, to Members of the House
employees. . . . (Deschler-Brown Ch 28 Sec. 13.7)

Authorizing grants to States for purchase of one class Including assistance for the purchase of a different
of equipment (photographic and fingerprinting class of equipment (bulletproof vests) (Deschler-Brown
equipment) for law enforcement purposes. . . . Ch 28 Sec. 8.37)

Addressing violent crimes. . . . Addressing nonviolent crimes, such as crimes of fraud
and deception or crimes against the environment
(Manual Sec. 936)

Naming a facility after a specific person. . . . Substituting the name of a different person (8 Cannon
Sec. 2955) where it could not be shown that the
amendment merely intended a return to the facility's
existing designation (105-2, Feb. 4, 1998, pp 784,
790)

Addressing whether public funds should be available for Addressing the same question for unrelated endeavors of
specified endeavors of one group. . . . another group (Manual Sec. 936)

[[Page 556]]

Altering responsibilities of executive branch agencies Extending the application of that law to entities of
under an existing law. . . . the legislative branch (Manual Sec. 936)

Appropriating or authorizing appropriations for a Extending the authorization or appropriation for
single year and containing no provisions beyond that another year (Manual Sec. 936)
year. . . .

Constitutional amendment on flag desecration. . . . Constitutional amendment on a Balanced Federal Budget
or on the Social Security Trust Fund (109-1, June 22,
2005, p 13539)

Sec. 10 . -- General Amendments to Specific or Limited Propositions

A specific proposition may not be amended by a proposition more
general in scope. Manual Sec. 937; 5 Hinds Sec. 5843; 8 Cannon
Sec. Sec. 2997, 2998; Deschler-Brown Ch 28 Sec. 9. Thus, an amendment
applicable to fruits of all kinds would not be germane to a bill
dealing only with apples. An amendment applicable to all departments
and agencies is not germane to a bill limited in its application to
certain departments and agencies. Deschler-Brown Ch 28 Sec. 9.22. Even
an amendment that merely strikes words from a bill may be ruled out if
the amendment has the effect of broadening the scope of the bill.
Sec. 17, infra.
A substitute for an amendment must be confined in scope to the
subject of the amendment. Deschler-Brown Ch 28 Sec. 9.42. Thus, an
amendment rewriting an entire concurrent resolution on the budget was
held not germane to a perfecting amendment that proposed certain
changes in figures for one of the years covered by the resolution.
Deschler-Brown Ch 28 Sec. 9.38.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Admitting a Territory. . . . Admitting several Territories (5 Hinds Sec. 5837)

Relating to all corporations in interstate commerce. . Relating to all corporations (5 Hinds Sec. 5842)
. .

[[Page 557]]

Applying proposition to one bureau of the Navy Applying proposition to the Navy Department as a whole
Department. . . . (8 Cannon Sec. 2997)

Prohibiting speculation in cotton. . . . Prohibiting speculation in cotton, wheat, and corn (8
Cannon Sec. 3001)

Designating a single National Historic Trail. . . . Altering regulations for all Historic Trails (110-2,
July 10, 2008, p 14584)

Amending a law in one particular. . . . Repealing the law (5 Hinds Sec. 5924; 8 Cannon Sec.
2949)

Authorizing loans to farmers in certain areas. . . . Authorizing loans without geographical restriction (8
Cannon Sec. 3235)

Terminating a specific mortgage refinancing program. . Authorizing a study of mortgages generally (112-1, Mar.
. . 10, 2011, p __)

Authorizing foreign economic assistance to certain Requiring reports on human rights violations by all
qualifying nations. . . . foreign countries (Deschler-Brown Ch 28 Sec. 35.58)

Restricting the use of funds for military operations in Extending that restriction to other countries in
South Vietnam. . . . Indochina (Deschler-Brown Ch 28 Sec. 9.48)

Amending the Constitution to prohibit the U.S. or any Requiring the U.S. and all States to treat persons 18
State from denying persons 18 years of age or older years and older as having reached the age of legal
the right to vote. . . . majority for all purposes under the law (Manual Sec.
937)

Criminalizing obstruction of court orders relating to Extending criminalization to all court orders (Deschler-
desegregation of public schools. . . . Brown Ch 28 Sec. 9.12)

Relating to official conduct of Federal employees. . . Relating to any criminal conduct of those officials
. (Deschler-Brown Ch 28 Sec. 9.49)

[[Page 558]]

Extending the benefits of a Federal program to one Extending the benefits to a broader category--all
class (public schools). . . . nonprofit institutions in depressed areas (Deschler-
Brown Ch 28 Sec. 39.18)

Amending existing law to promote economic development Requiring a study of the impact of all Federal, State,
through financial assistance to local communities. . . and local laws and regulations on employment
. opportunities (Deschler-Brown Ch 28 Sec. 9.35)

Addressing mental health. . . . Addressing a variety of public health programs
(Deschler-Brown Ch 28 Sec. 4.104)

Suspending temporarily certain requirements of the Suspending temporarily other requirements of all other
Clean Air Act. . . . environmental protection laws (Deschler-Brown Ch 28
Sec. 4.5)

Authorizing activities of certain government agencies Permanently changing existing law to cover a broader
for a temporary period. . . . range of government activities (Manual Sec. 937)

Appropriating or authorizing funds for only one year. . Extending the appropriation or authorization to another
. . year (Deschler-Brown Ch 28 Sec. 9.2)

Amending an existing law to authorize a program. . . . Restricting authorizations under that or any other act
(Manual Sec. 937)

Striking from a bill one activity from those covered by Striking an entire subsection of the bill, thereby
the law being amended. . . . eliminating the applicability of existing law to a
number of activities (Manual Sec. 937)

Continuing funding within one executive department. . . Addressing funding for other departments or addressing
. the compensation of all Federal employees (Manual Sec.
937)

Relating to one aspect of Federal spending (U.S. Relating to the entire Federal budget, mandating that
contributions to an international financial total outlays not exceed receipts (Deschler-Brown Ch
institution). . . . 28 Sec. 35.48)

[[Page 559]]

Appropriating funds for a program for one fiscal year. Relating to eligibility for funding in any fiscal year
. . . (Deschler-Brown Ch 28 Sec. 15.24)

Prohibiting the use of funds appropriated for a fiscal Prohibiting the use of funds appropriated for that or
year for a specified purpose. . . . any prior fiscal year for an unrelated purpose
(Deschler-Brown Ch 28 Sec. 9.20)
Proposing a temporary change in law. . . . Proposing permanent changes in that law (Manual Sec.
937)

Amending an authority of an agency under an existing Expressing the sense of Congress on regulatory agencies
law. . . . generally (Manual Sec. 937)

Establishing an office in the Department of the Addressing requirements of compensation for
Interior to manage biological information. . . . constitutional takings by other regulatory agencies
(Manual Sec. 937)

Waiving a requirement in existing law that an Enacting by reference bills containing not only that
authorization be enacted before the obligation of authorization but also other policy matters (Manual
certain funds. . . . Sec. 937)

Relating only to a certain appropriation account in a Relating not only to that account but also to funds in
bill. . . . other acts (Manual Sec. 937)

Raising an employment ceiling for one year. . . . Addressing in permanent law a hiring preference system
for such employees (Manual Sec. 937)

Authorizing Federal funds for qualifying State national Conditioning a portion of such funding on the enactment
service programs. . . . of State laws immunizing volunteers in nonprofit or
public programs, generally, from certain legal
liabilities (Manual Sec. 937)

Addressing particular educational requirements imposed Addressing any requirements imposed on educational
on educational agencies. . . . agencies by the underlying bill (Manual Sec. 937)

[[Page 560]]

Reauthorizing programs administered by the Economic Waiving any Federal regulation that would interfere
Development Administration and the Appalachian with economic development (Manual Sec. 937)
Regional Commission. . . .

Prohibiting a certain class of abortion procedures. . . Prohibiting any or all abortion procedures (Manual Sec.
. 937)

Addressing a class of imported goods (those produced by Addressing all imported goods from one specified
forced labor). . . . country (Manual Sec. 937)

Sec. 11 . -- Specific Amendments to General Propositions

A general proposition may be amended by a specific proposition or
one more limited in nature if within the same class. Manual Sec. 938;
8 Cannon Sec. Sec. 3002, 3009, 3012; Deschler-Brown Ch 28 Sec. 10.
Thus, a bill regulating the transportation of fruits of all kinds
could be amended by language applicable specifically to oranges. Where
a bill seeks to accomplish a general purpose by diverse methods, an
amendment that adds a specific method to accomplish that result may be
germane. Deschler-Brown Ch 28 Sec. 6.47. Thus, to a bill authorizing a
broad program of research and development, an amendment directing
specific emphasis during the administration of that program was held
germane. Deschler-Brown Ch 28 Sec. 10.9.
To a proposition conferring a broad range of authority to
accomplish a particular result, an amendment granting specific
authority to achieve that result is germane. Deschler-Brown Ch 28
Sec. 10.10.
An amendment defining a term in a bill may be germane so long as
it relates to the bill (but may not rely on a relationship to a law
being amended by the bill in aspects not the subject of the bill).
Thus, to a bill clarifying the definition of persons or institutions
under certain civil rights statutes, an amendment providing that the
term ``person'' for the purpose of the bill shall include unborn
children was held germane. Deschler-Brown Ch 28 Sec. 10.1.
This principle is illustrated in the following precedents:

[[Page 561]]

Held Germane

Text Amendment

Appropriating a lump sum for rivers and harbors. . . . Designating specific projects on which a lump sum
should be expended (8 Cannon Sec. Sec. 3004, 3008)

Providing for a decennial census of the entire Relating to the alien population of the United States
population of the United States. . . . (8 Cannon Sec. 3005)

Authorizing a commission to report on the public Specifying a report on a designated area of the public
domain. . . . domain (8 Cannon Sec. 3007)

Establishing an executive agency and conferring broad Directing that agency to conduct a study of a subject
authority thereon. . . . within the scope of that authority (Deschler-Brown Ch
28 Sec. 42.27)

Conferring wide discretionary powers upon an energy Directing the administrator to issue preliminary summer
administrator. . . . guidelines for citizen fuel use (Deschler-Brown Ch 28
Sec. 33.15)

Authorizing the Federal Energy Administrator to Directing that official to prohibit the exportation of
restrict exports of certain energy resources. . . . petroleum products for use in military operations in
Indochina (Deschler-Brown Ch 28 Sec. 33.12)

Directing the President to require all government Limiting the number of ``fuel-inefficient'' passenger
agencies to use economy-model motor vehicles. . . . motor vehicles that the government could purchase
(Deschler-Brown Ch 28 Sec. 10.11)

Seeking to accomplish a general purpose (support of the Authorizing the employment of unemployed artists
arts and humanities) by diverse methods. . . . through the National Endowment for the Arts (Deschler-
Brown Ch 28 Sec. 6.47)

Addressing a range of criminal prohibitions. . . . Addressing another criminal prohibition within that
range (Manual Sec. 938)

Addressing violent crimes. . . . Addressing violent crimes involving the environment
(Manual Sec. 938)

[[Page 562]]

Sec. 12 . -- Adding to Two or More Propositions

A measure containing two or more diverse propositions within the
same class may be amended by an amendment adding a third proposition
on the same subject. Manual Sec. 938; 8 Cannon Sec. 3016; Deschler-
Brown Ch 28 Sec. 11. For example, a bill regulating the transportation
of apples and oranges could be amended by language extending the bill
to bananas. To a bill bringing two new categories within the coverage
of existing law, an amendment to include a third category of the same
class may be germane. Deschler-Brown Ch 28 Sec. 11.16. Likewise, where
a bill contains several unrelated titles on a general subject, an
amendment adding a further title within that general subject is
germane. Manual Sec. 929. Where a bill defines several unlawful acts,
an amendment proposing to include another unlawful act of the same
class is germane. Deschler-Brown Ch 28 Sec. 11.21.
On the other hand, where a bill covers two or more subjects within
a readily definable class, it is not germane to add subjects outside
of that class by way of amendment. Manual Sec. 938. Thus, to a bill
authorizing the Secretary of the Treasury to strike two types of
national medals honoring the bicentennial, an amendment permitting
private mints to strike State medals was held not germane. 92-2, Feb.
2, 1972, pp 2180-82.
To a bill containing definitions of several of the terms used
therein, an amendment may be germane that modifies one of the
definitions and adds another (Deschler-Brown Ch 28 Sec. 30.34) or that
further defines other terms used in the bill (Deschler-Brown Ch 28
Sec. 11.2).
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Admitting several Territories into the Union. . . . Admitting another Territory (5 Hinds Sec. 5838)

Constructing buildings in two cities. . . . Constructing similar buildings in several other cities
(5 Hinds Sec. 5840)

Providing a number of restrictions on an expenditure. . Adding another restriction (8 Cannon Sec. 3010)
. .

Providing for a number of Army camps. . . . Providing for an additional camp (8 Cannon Sec. 3012)

Authorizing payment to several employees for injuries. Authorizing payment to another employee for such
. . . injuries (8 Cannon Sec. 3015)

[[Page 563]]

Collecting statistics on agriculture, manufacture, and Collecting statistics on insurance (8 Cannon Sec.
mining. . . . 3016)

Relating to motor trucks and passenger-carrying Relating also to motorcycles and trailers (7 Cannon
automobiles. . . . Sec. 1415)

Setting forth diverse findings and purposes related to Setting forth a further finding or purpose related to
a general subject. . . . that subject (Deschler-Brown Ch 28 Sec. 11.23)

Prohibiting indirect assistance to several foreign Including additional countries within that prohibition
countries. . . . (Deschler-Brown Ch 28 Sec. 12.9)

Relating to diverse political rights of the people of Conferring upon that electorate the additional right of
the District of Columbia. . . . electing a nonvoting Delegate to the Senate (Deschler-
Brown Ch 28 Sec. 11.25)

Funding several departments and agencies. . . . Funding subway construction in the District of Columbia
(Manual Sec. 938)

Extending coverage of gun control laws to rifles, Relating to registration of firearms by the purchasers
shotguns, and ammunition. . . . thereof (Deschler-Brown Ch 28 Sec. 11.36)

Criminalizing a number of activities in the field of Criminalizing a further activity, ``loansharking''
interstate consumer credit transactions. . . . (Deschler-Brown Ch 28 Sec. 11.15)

Extending the coverage of the Flammable Fabrics Act to Extending such coverage further to include children's
include wearing apparel and household furnishings. . . toys (Deschler-Brown Ch 28 Sec. 11.16)
.

Reducing tax liabilities in several diverse ways-- Adding an additional tax credit (Deschler-Brown Ch 28
including tax credits. . . . Sec. 11.34)

Providing farm programs for dairy products, wool, feed Adding a new program for poultry and eggs (Deschler-
grains, cotton and wheat. . . . Brown Ch 28 Sec. 11.28)

Addressing violent crimes. . . . Addressing violent crimes involving the environment
(Manual Sec. 938)

[[Page 564]]

Sec. 13 . Appropriation Bills

An amendment offered to a general appropriation bill must be
germane to the part of the bill that is under consideration. Deschler-
Brown Ch 28 Sec. 15. An amendment offered to an appropriation bill is
judged by the general tests of germaneness that are set forth
elsewhere in this chapter. Sec. 4, supra; Sec. 25, infra. Although
general appropriation bills are normally read by paragraph, an
amendment that increases an appropriation by transferring amounts from
an account in another paragraph is normally offered under the
protection of clause 2(f) of rule XXI. Therefore, in modern practice,
the germaneness rule does not preclude such a transfer amendment.
Manual Sec. 929.
Subject to clause 2(c) of rule XXI (requiring that limitation
amendments to general appropriation bills be offered at the end of the
reading of the bill for amendment), an amendment limiting the use of
funds by a particular agency funded in a general appropriation bill
may be germane to the paragraph carrying the funds or to any general
provisions portion of the bill affecting that agency or all agencies
funded by the bill. However, an amendment limiting funds in a general
appropriation bill for activities prescribed by laws unrelated to the
functions of departments and agencies addressed by the bill was held
not germane. Manual Sec. 929.
Germaneness is an express requirement of any amendment sought to
be introduced pursuant to the Holman rule, which permits legislative
matter in general appropriation bills under certain circumstances.
Manual Sec. 1062; see Appropriations.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Appropriating certain funds and permitting them to Placing certain restrictions on their use, to become
remain available beyond the fiscal year covered by the effective after the expiration of the fiscal year
bill. . . . (Deschler-Brown Ch 28 Sec. 15.27)

Appropriating funds for foreign assistance programs. . Denying funds therein to pay arrearages or dues of
. . members of the United Nations (Deschler-Brown Ch 28
Sec. 15.8)

Appropriating funds for the Department of Agriculture Limiting funds in the Act for chemical pesticides where
and including a specific allocation of funds for their use would be prohibited by State or local law
animal disease and pest control. . . . (Deschler-Brown Ch 28 Sec. 15.7)

[[Page 565]]

Appropriating funds for the Department of Defense. . . Limiting funds in the Act for financing of certain
. military operations (Deschler-Brown Ch 28 Sec. 15.27)

Held Not Germane

Text Amendment

Prohibiting aid to one nation unless a certain Prohibiting aid to another nation pending certain
condition is met. . . . actions, and referring to funds in other Acts
(Deschler-Brown Ch 28 Sec. 15.15)

Continuing appropriations pending enactment of regular Requiring an agency to report to each Member the total
appropriation bills and curtailing certain government Federal expenditures in the congressional district
expenditures. . . . represented by each Member and directing the Members
to take certain steps to effect a reduction in
expenditures (Deschler-Brown Ch 28 Sec. 15.48)

Continuing appropriations for certain departments and Restricting the total administrative budget
agencies for one month. . . . expenditures for the fiscal year and thus affecting
funds not continued by the bill (Deschler-Brown Ch 28
Sec. 15.17)

Providing supplemental appropriations for certain Affecting appropriations for virtually all departments
specified departments of government. . . . and agencies of government (Deschler-Brown Ch 28 Sec.
15.14)

Continuing the availability of appropriated funds and Changing permanent law as to the eligibility of certain
also imposing diverse legislative conditions on the recipients (Deschler-Brown Ch 28 Sec. 15.26)
availability of appropriations. . . .

Appropriating funds for an agency for one year. . . . Changing the appropriation figure but also adding
language having the effect of permanent law (Deschler-
Brown Ch 28 Sec. 27.24)

[[Page 566]]

Appropriating funds for a certain purpose for one Appropriating funds for another government agency for
government agency. . . . the same general purpose (Deschler-Brown Ch 28 Sec.
15.37)

Providing appropriations for certain departments and Limiting funds therein to activities prescribed by laws
agencies. . . . unrelated to the functions of departments and agencies
addressed by the bill (Manual Sec. 929)

B. Application of Rule to Particular Forms of Amendment

Sec. 14 . In General

The rule requiring germaneness of amendments has been applied to
many forms of propositions having amendatory effect, including an
amendment to a particular part of a bill (Sec. 15, infra), amendments
to amendments (8 Cannon Sec. 2924), and motions to recommit with
instructions (Sec. 20, infra). The rule applies to amendments
recommended by committee as well as to amendments offered from the
floor. Sec. 19, infra.
The form in which an amendment is offered may affect the
determination of whether the amendment is germane. Thus, whether an
amendment adds a new title to a bill or adds language to an existing
title may affect the determination of whether the amendment is
germane. Sec. 16, infra.

Sec. 15 . Amendments to Particular Portion of Bill

An amendment must be germane to the particular portion of the bill
that is open to amendment; that is, an amendment must be germane to
the pending paragraph, section, or title. Manual Sec. 929; Deschler-
Brown Ch 28 Sec. 18. The Chair will evaluate the germaneness of an
amendment by comparing the amendment to the pending portion of the
bill without considering the bill as a whole. Deschler-Brown Ch 28
Sec. 18.3.
The test of germaneness of an amendment is its relationship to the
pending portion of the bill, as amended to that point. Manual
Sec. 929. For this reason, an amendment inserting a new section may be
ruled out because it is not germane to the bill as read to that point.
However, a similar amendment may be allowed subsequently when the
scope of the bill has been

[[Page 567]]

broadened by additional sections passed in the reading or adoption of
additional amendments. Deschler-Brown Ch 28 Sec. 18.1. An amendment
that would be germane if offered when the bill is first taken up may
not be germane to the bill, as modified, after portions of the bill
have been stricken by amendment. 8 Cannon Sec. 2910.

Sec. 16 . Adding New Section or Title

An amendment in the form of a new title, section, or paragraph
need not necessarily be germane to the title, section, or paragraph
immediately preceding it. The Chair will evaluate the relationship of
the amendment to as much of the bill as has been read. 8 Cannon
Sec. Sec. 2932, 2935; Deschler-Brown Ch 28 Sec. 19. If an amendment is
offered at the conclusion of the reading, the Chair will evaluate the
relationship of the amendment to the bill as a whole, as perfected.
Manual Sec. 929; Deschler-Brown Ch 28 Sec. 19.3. For this reason, an
amendment that might not be germane when offered to a particular title
of a bill may be considered germane if offered as a new title.
Deschler-Brown Ch 28 Sec. 18.7. This test is applied even though the
amendment in effect modifies (albeit indirectly) a provision
previously read and passed. Deschler-Brown Ch 28 Sec. 19.11.
In determining the application of this test, the Chair must take
into account whether the text is being read by titles, sections, or
paragraphs. Thus, the test of the germaneness of an amendment in the
form of a new section to a title of a bill being read by titles is the
relationship between the amendment and the pending title. Deschler-
Brown Ch 28 Sec. 3.11.

Sec. 17 . Striking Text

An amendment striking language from a bill may not be germane if
the result of the amendment extends the scope of the provisions of the
bill to subjects other than those originally presented. 8 Cannon
Sec. 2920. Deschler-Brown Ch 28 Sec. 20. A pro forma amendment merely
to ``strike the last word'' to secure time for debate in the Committee
of the Whole is germane. Manual Sec. 928.

Sec. 18 . Substitute Amendments

The test of the germaneness of a substitute amendment is its
relationship to the amendment to which it is offered and not its
relationship to the underlying bill. Manual Sec. 929; Deschler-Brown
Ch 28 Sec. 21. A substitute must be confined in scope to the subject
of the amendment and must relate to the same portion of the bill being
addressed by the amendment. Deschler-Brown Ch 28 Sec. Sec. 9.42, 21.
Thus, for an amendment establishing a termi

[[Page 568]]

nation date for the Federal Energy Administration, a substitute not
dealing with the date of termination, but providing instead a
reorganization plan for that agency, was ruled out as not germane.
Deschler-Brown Ch 28 Sec. 21.1.
However, for an amendment changing certain language in a pending
section, a substitute changing that text and also adding language in
the section may be germane if it has the effect of dealing with the
same subject in a related and more limited way. Deschler-Brown Ch 28
Sec. 32.16.

Sec. 19 . Committee Amendments

The rule of germaneness applies to committee amendments as well as
to those offered by individual Members. 5 Hinds Sec. 5806; Deschler-
Brown Ch 28 Sec. 22. A committee amendment that is not germane to the
bill as introduced may require a waiver in the rule providing for the
consideration of the underlying bill. Deschler-Brown Ch 28 Sec. 45.2.

Sec. 20 . Recommittals; Instructions to Committees

The germaneness rule applies to instructions in a motion to
recommit a bill to a committee. It is not in order to propose as part
of a motion to recommit any proposition that would not have been
germane if proposed as an amendment to the bill on the floor. Manual
Sec. Sec. 929, 930; 5 Hinds Sec. Sec. 5529-5541; 8 Cannon
Sec. Sec. 2708-2712. In one instance, for example, during
consideration of a bill authorizing military expenditures, a motion to
recommit with instructions was ruled not germane because it contained
provisions seeking to prescribe foreign policy objectives. Deschler-
Brown Ch 28 Sec. 23.3.
The test of germaneness in the case of a motion to recommit with
instructions is the relationship of the instructions to the bill taken
as a whole as perfected (and not merely to the separate portion of the
bill specifically proposed to be amended in the instructions). Manual
Sec. 930. This is so even where the instructions do not propose a
direct amendment to the bill but merely contain general instructions
to the committee to pursue an unrelated approach or to instruct the
committee not to report the bill back to the House until an unrelated
contingency occurs. 8 Cannon Sec. 2704; Deschler-Brown Ch 28
Sec. 23.9.
A point of order against a motion to recommit with instructions
has been entertained before completion of the reading of such motion
where the matter contained in the instructions has been ruled not
germane when offered as an amendment in the Committee of the Whole
(Deschler-Brown Ch 28 Sec. 23.3) or after a non-germane portion of the
instructions has been read (Manual Sec. 628).

[[Page 569]]

C. Amendments Imposing Qualifications or Limitations

Sec. 21 . In General; Exceptions or Exemptions

As pointed out earlier in this chapter, a general subject may be
amended by a specific proposition of the same class. Sec. 11, supra.
Under an extension of this principle, an amendment that makes a
specific exception to or exemption from a general proposition is
germane. 8 Cannon Sec. 3028; Deschler-Brown Ch 28 Sec. 29. Thus, to a
section dealing with a designated class, an amendment exempting from
the provisions of the section a certain portion of that class may be
germane. 8 Cannon Sec. 3026. Provisions restricting authority may be
modified by amendments providing exceptions to those restrictions. 8
Cannon Sec. 3024.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Deporting aliens. . . . Exempting a portion of such aliens from deportation (8
Cannon Sec. 3029)

Prohibiting courts from issuing injunctions in labor Excepting all labor disputes affecting public utilities
disputes. . . . (8 Cannon Sec. 3024)

Prohibiting an administrator from setting ceiling Exempting new crude petroleum sold by producers of less
prices above a certain level for domestic crude oil. . than 30,000 barrels per day (Deschler-Brown Ch 28 Sec.
. . 29.13)

Limiting discretionary powers conferred in a bill. . . Providing an exception from that limitation (Deschler-
. Brown Ch 28 Sec. 35.13)

Requiring NLRB certification of employee elections of Excepting an employer that has undermined the election
unions as bargaining agents only where there has been or is otherwise estopped from challenging it (Deschler-
a secret ballot. . . . Brown Ch 28 Sec. 35.24)

Denying benefits to recipients failing to meet a Denying the same benefits to some recipients but
certain qualification. . . . excepting others (Deschler-Brown Ch 28 Sec. 29.11)

Sec. 22 . Conditions or Qualifications

A condition or qualification sought to be added by way of
amendment must be germane to the provisions of the bill. Manual
Sec. 940; Deschler-

[[Page 570]]

Brown Ch 28 Sec. 30. An amendment is not germane if it makes the
effectiveness of a bill contingent upon an unrelated event or
determination. Deschler-Brown Ch 28 Sec. 31.22. Thus, an amendment
making the implementation of a funding program contingent upon
compliance with unrelated legislation is not germane. Deschler-Brown
Ch 28 Sec. 30.23. For discussion of postponements pending
contingencies, see Sec. 26, infra.
On the other hand, an amendment imposing a condition may be in
order if it imposes a prerequisite that comes within the general
subject covered by the bill. For example, where a bill provided a
comprehensive grant program that included within its scope the welfare
of law enforcement officers, an amendment requiring States to enact a
law enforcement officers' grievance system as a prerequisite to
receiving grants under the bill was held to come within the general
subject of law enforcement improvement covered by the bill and was
held germane. Deschler-Brown Ch 28 Sec. 30.30.
Assistance to a particular class of recipient covered by a bill
may not by amendment be conditioned on actions or inaction by another
class of recipient or agent not covered by the bill. Deschler-Brown Ch
28 Sec. 30.29. For example, an amendment conditioning the availability
to certain recipients of funds in an authorization bill upon their
compliance with Federal law not otherwise applicable to those
recipients and within the jurisdiction of other House committees may
be ruled out as not germane. Deschler-Brown Ch 28 Sec. 34.37.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing funds for a variety of programs that Conditioning the availability of those funds upon
satisfy several stated requirements, in order to implementation of another program related to that
accomplish a general purpose. . . . general purpose (Deschler-Brown Ch 28 Sec. 30.30)

Providing for scholarships. . . . Providing requirements for eligibility for such
scholarships (Deschler-Brown Ch 28 Sec. 30.11)

Authorizing funds for military procurement and Barring use of the funds in military operations in
construction. . . . North Vietnam (Deschler-Brown Ch 28 Sec. 30.6)

[[Page 571]]

Authorizing the insurance of vessels. . . . Denying such insurance to vessels charging exorbitant
rates (8 Cannon Sec. 3023)

Authorizing an agency to undertake certain activities. Allowing Congress to disapprove regulations issued
. . . pursuant thereto (Deschler-Brown Ch 28 Sec. 33.11)

Requiring certain intelligence information to be given Imposing relevant conditions of security on the
to the House. . . . handling of such information in committee (Manual Sec.
940)

Sec. 23 . Restrictions or Limitations

Restrictions and limitations sought to be added to a bill by way
of amendment must be germane to the provisions of the bill. Manual
Sec. 940; Deschler-Brown Ch 28 Sec. 32. Thus, to a bill amending a
statute, an amendment prohibiting assistance under that Act or under
any other Act for a particular purpose, and affecting laws not being
amended by the bill, may be ruled out as not germane. Deschler-Brown
Ch 28 Sec. 35.62.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing change in railroad rates. . . . Excluding rate increases (8 Cannon Sec. 3022)

Authorizing aid to shipping. . . . Limiting such aid to ships equipped with life-saving
devices (8 Cannon Sec. 3027)

Authorizing use of oil-burning engines on ships. . . . Prohibiting use of such engines if constructed outside
of the United States (8 Cannon Sec. 3032)

Furnishing medical services and facilities. . . . Prohibiting the use of such services to perform certain
abortions (Deschler-Brown Ch 28 Sec. 32.7)

Providing unlimited terms of service for judges. . . . Restricting terms to four years (8 Cannon Sec. 3031)

[[Page 572]]

Transferring specified property solely for the purpose Requiring reversion of the property if not used for
of providing shelter to the homeless and protecting that charitable purpose as defined under a provision
the public health. . . . of the Internal Revenue Code (Deschler-Brown Ch 28
Sec. 32.12)

Providing Federal funds to States for certain purposes. Restricting payment of those funds to States that enact
. . . certain laws relating to the activities being funded
(Manual Sec. 940)

Held Not Germane

Text Amendment

Repairing naval vessels. . . . Prohibiting such repairs in navy yards (in order to
make them at less expense elsewhere) by restricting
funds in portions of the bill not open to amendment (8
Cannon Sec. 3034)

Sec. 24 . -- Discretionary Powers

To a proposition conferring discretionary authority, an amendment
limiting or restricting the exercise of that authority is germane. 8
Cannon Sec. 3022; Deschler-Brown Ch 28 Sec. 33. Such an amendment may
be germane, even though it incorporates as a term of measurement a
qualification or condition applicable to entities beyond the scope of
the bill. Deschler-Brown Ch 28 Sec. 33.23. For example, to a
proposition that the Administrator of Veterans' Affairs be authorized
to establish a maximum interest rate for loans, an amendment stating
that ``the rate fixed shall not be higher than the FHA rate'' was held
germane. Deschler-Brown Ch 28 Sec. 33.28.
Although a proposition reorganizing existing discretionary agency
authority may be amended by imposing limitations on the exercise of
those functions, an amendment directly changing policies in the
substantive law to be administered by that agency is not germane.
Deschler-Brown Ch 28 Sec. 33.13.
This principle is illustrated in the following precedents:

[[Page 573]]

Held Germane

Text Amendment

Authorizing funds for the National Aeronautics and Prohibiting contracts for ``support'' services except
Space Administration. . . . where certain cost comparisons were made (Deschler-
Brown Ch 28 Sec. 33.27)

Conferring authority on the President to establish Restricting that regulatory authority by requiring that
rules for ordering priorities among petroleum users petroleum products allocated for public school
and requiring that vital services in the areas of transportation be used only between the student's home
education and transportation shall receive priority. . and the school closest thereto (Deschler-Brown Ch 28
. . Sec. 33.9)

Prescribing the functions of a new Federal Energy Limiting the authority of the administrator in setting
Administration by conferring wide discretionary powers prices for propane gas by requiring an equitable
on the administrator. . . . allocation of production costs (Deschler-Brown Ch 28
Sec. 33.17)

Prescribing the functions of a new Federal Energy Prohibiting the promulgation of petroleum rationing
Administration. . . . rules without prior approval by Congress (Deschler-
Brown Ch 28 Sec. 33.16)

Authorizing an agency to undertake certain activities. Providing that regulations issued pursuant to that
. . . authority may be disapproved by Congress (Deschler-
Brown Ch 28 Sec. 33.11)

Continuing U.S. participation under the International Directing opposition in that forum to loans to nations
Development Association Act. . . . not party to a nuclear nonproliferation treaty
(Deschler-Brown Ch 28 Sec. 33.29)

Containing diverse provisions relating to authorities Precluding the use of certain land for deployment of a
of the Department of Defense. . . . weapons system pending a study (Deschler-Brown Ch 28
Sec. 11.17)

Sec. 25 . -- Use of Funds

Amendments that merely place restrictions on the use of funds that
are authorized or referred to in the bill are generally upheld as
germane. Deschler-Brown Ch 28 Sec. 34. An amendment seeking to
restrict the use of funds

[[Page 574]]

must be limited to the subject matter and scope of the provisions
sought to be amended. Manual Sec. 940. The amendment must be confined
to the agencies, authorities, and funds addressed by the bill and may
not be more comprehensive in scope. Deschler-Brown Ch 28 Sec. 32.6. A
limiting amendment may be held not germane if it places restrictions
on funds authorized or appropriated in other bills. Deschler-Brown Ch
28 Sec. 31.30. To be germane, the amendment restricting the use of
funds must relate solely to those funds and may not apply to another
related category of funds. Deschler-Brown Ch 28 Sec. 34.23.
An amendment limiting the use of funds by a particular agency
funded in a general appropriation bill may be germane at more than one
place in the bill. Subject to clauses 2(c) and (d) of rule XXI, the
amendment may be offered when the paragraph carrying such funds is
pending, or to an appropriate ``general provision'' portion of the
bill affecting that agency or all agencies funded by the bill.
Deschler-Brown Ch 28 Sec. 15.1.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing supplemental appropriations for military Prohibiting use of those funds to carry out military
procurement, development, and construction. . . . operations in North Vietnam (Deschler-Brown Ch 28 Sec.
34.10)

Appropriating funds for an additional Washington Limiting the amount to be used for the construction of
airport. . . . an access road (Deschler-Brown Ch 28 Sec. 34.32)

Authorizing an investigation and incidental travel to Restricting use of the funds permitted in such travel
be undertaken by a committee of the House. . . . (Deschler-Brown Ch 28 Sec. 34.5)

Authorizing appropriations to enter into contracts for Prohibiting use of the funds to enter into contracts
the development of synthetic fuels. . . . with any major oil company (Deschler-Brown Ch 28 Sec.
34.28)

Authorizing appropriations for contributions to the Prohibiting use of those funds to assist in the
United Nations Environmental Fund. . . . reconstruction of North Vietnam (93-1, May 15, 1973,
pp 15747, 15752)

[[Page 575]]

Authorizing appropriations for the National Science Prohibiting use of those funds for research on a live
Foundation. . . . human fetus outside the womb (93-1, June 22, 1973, p
20946)

Establishing a rural electrification and telephone Providing that no such funds be used outside the United
revolving fund for insured and guaranteed loans. . . . States or its possessions (93-1, Apr. 4, 1973 p 10395)

Continuing U.S. participation under the International Prohibiting use of U.S. contributions as loans for the
Development Association Act. . . . purchase of nuclear weapons or materials (Deschler-
Brown Ch 28 Sec. 32.5)

Restricting the availability of funds to a certain Restricting further the availability of those funds to
category of recipients. . . . a subcategory of the same recipients (Deschler-Brown
Ch 28 Sec. 34.4)

Providing assistance for mass transportation programs Prohibiting use of funds to implement programs intended
and permitting certain school systems to be eligible to overcome racial imbalance in school systems
applicants for school bus subsidies. . . . (Deschler-Brown Ch 28 Sec. 34.20)

Authorizing funds and limited use of troops for a Denying funds for deployment of troops beyond a certain
specific purpose. . . . period of time (Deschler-Brown Ch 28 Sec. 34.13)

Providing Federal funds to States for certain purposes. Restricting payment of those funds to States that enact
. . . certain laws relating to the activities being funded
(Manual Sec. 940)

Held Not Germane

Text Amendment

Changing a dollar amount in operating expenses for an Prohibiting a certain activity and the use of any funds
agency. . . . therefor (Manual Sec. 940)

[[Page 576]]

Establishing a new Department of Education and Prohibiting the use of funds to compel the
addressing only the administrative structure of the transportation of students or teachers with the goal
department. . . . of establishing racial or ethnic balance (Deschler-
Brown Ch 28 Sec. 34.38)

Approving an increase in the U.S. quota to the Prohibiting the alienation of gold to any international
International Monetary Fund and authorizing dealing in organization or its agents, or to any person or
gold in connection therewith. . . . organization acting for certain purchasers (Deschler-
Brown Ch 28 Sec. 32.6)

Striking a provision prohibiting the use of funds in Prohibiting use of funds in the bill or in any other
the bill for a designated oil land lease in act for that lease and other California leases
California. . . . (Deschler-Brown Ch 28 Sec. 15.21)

Providing general appropriations. . . . Limiting funds therein to activities prescribed by laws
unrelated to the functions of departments and agencies
addressed by the bill (Manual Sec. 940)

Sec. 26 . Postponing Effectiveness Pending Contingency

Amendments that merely postpone the effective date of the
legislation to a date certain without stating a condition have been
held germane. Thus, to a title of a bill establishing procedures
permitting either House of Congress to disapprove an impoundment of
appropriated funds by the President, an amendment delaying the
effective date of that title to a day certain was held germane. Manual
Sec. 940. Similarly, to an amendment abolishing the Federal Energy
Administration on a date certain and transferring some of its
functions to other agencies at that time, an amendment delaying the
termination date of that agency for one year was held germane.
Deschler-Brown Ch 28 Sec. 32.10.
An amendment may make the effectiveness of a bill subject to a
condition if that condition is related to the provisions of the bill.
Deschler-Brown Ch 28 Sec. 31.33. An amendment delaying operation of a
proposed amendment pending a determination of a fact is germane when
the fact to be determined relates solely to the subject matter of the
bill. 8 Cannon Sec. 3029; Deschler-Brown Ch 28 Sec. 31.18. However, an
amendment is not germane if it delays

[[Page 577]]

the effectiveness of a bill contingent upon actions not involved in
the administration of the affected program and that extend in scope
beyond the authorities contained in the bill. Deschler-Brown Ch 28
Sec. 31.1.
An amendment delaying the operation of proposed legislation
pending an unrelated contingency is not germane. Manual Sec. 940; 8
Cannon Sec. 3037; Deschler-Brown Ch 28 Sec. 31. Thus, an amendment
making the implementation of Federal legislation contingent upon the
enactment of unrelated State legislation is not germane. Deschler-
Brown Ch 28 Sec. 31.5. It is not germane for an amendment to render a
measure contingent upon an unrelated congressional action. For
example, to a bill authorizing appropriations for radio broadcasting
to Cuba, an amendment prohibiting use of those funds until Congress
considered a constitutional amendment mandating a balanced budget was
ruled out as nongermane, imposing an unrelated contingency requiring
separate congressional action on another subject. Deschler-Brown Ch 28
Sec. 31.39. Likewise, an amendment to an appropriation bill delaying
the availability of the appropriation pending an unrelated
contingency--the enactment of certain revenue legislation--was held
not germane. Deschler-Brown Ch 28 Sec. 31.8.
An amendment may subject the operation of the bill to an external
benchmark, so long as it does not constitute an unrelated condition.
For example, an abstract fiscal standard may be used as the measure of
availability of funding provided by the bill, or as the measure of
applicability of a fiscal or budgetary feature of the bill. Deschler-
Brown Ch 28 Sec. 34.1.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Authorizing funds for elementary and secondary Prohibiting use of those funds ``so long as the present
education. . . . . . . . Commissioner of Education occupies that
office'' (Deschler-Brown Ch 28 Sec. 31.42)

Funding cost-of-living salary increase for Members. . . Restricting availability of those funds during months
. in which there is an increase in the public debt
(Deschler-Brown Ch 28 Sec. 34.1)

[[Page 578]]

Authorizing appropriations for humanitarian and Making that authorization contingent on a report to
evacuation assistance to war refugees in South Congress on the costs of a portion of the evacuation
Vietnam. . . . program (Deschler-Brown Ch 28 Sec. 34.12)

Authorizing defense assistance to a foreign nation. . . Delaying that assistance until that nation's former
. ambassador testified before a House committee
(Deschler-Brown Ch 28 Sec. 31.33)

Held Not Germane

Text Amendment

Extending funding for housing and urban renewal. . . . Making such funding contingent on enactment of
legislation raising additional revenue (Deschler-Brown
Ch 28 Sec. 31.11)

Appropriating funds for emergency fuel assistance. . . Making such funding contingent on enactment of an oil
. windfall profit tax (Deschler-Brown Ch 28 Sec. 31.8)

Authorizing funds for one Federal agency. . . . Making such funding contingent on appropriations for
another Federal agency (110-1, May 2, 2007, p 11094)

Authorizing funds for construction of atomic energy Making such project contingent upon the enactment of
facilities. . . . Federal or State fair-housing measures (Deschler-Brown
Ch 28 Sec. 31.5)

Authorizing appropriations for the Arms Control and Making such authorization contingent on the Soviet
Disarmament Agency. . . . Union ceasing ``to supply military articles to our
enemy in Vietnam'' (Deschler-Brown Ch 28 Sec. 31.32)

Authorizing funds for foreign assistance. . . . Making aid to a nation contingent upon the enactment of
tax reform measures by that nation (Deschler-Brown Ch
28 Sec. 31.37)

[[Page 579]]

Authorizing military assistance to Israel and funds for Making such funds to Israel contingent on Presidential
the United Nations Emergency Force in the Middle East. certification of the existence of a designated level
. . . of energy supplies for the U.S. (Deschler-Brown Ch 28
Sec. 31.22)

Authorizing the development of certain military missile Making expenditures contingent on the impact of U.S.
systems. . . . grain sales on Soviet military preparedness (Deschler-
Brown Ch 28 Sec. 31.24)

Rescinding an agency's funds for motor vehicle seat Conditioning the availability of all funds pending
belt and passive restraint research and education. . . State compliance with Federal standards for mandatory
. seat belt use (Deschler-Brown Ch 28 Sec. 15.19)

D. Relation to Existing Law

Sec. 27 . Amendments to Bills Amending Existing Law

The germaneness rule may provide the basis for a point of order
against an amendment that is offered to a bill amending existing law.
A germaneness point of order may be sustained where the proposed
amendment relates to the existing law rather than to the pending bill.
Manual Sec. 939; 8 Cannon Sec. Sec. 2916, 3045; Deschler-Brown Ch 28
Sec. 35. Unless a bill so extensively amends existing law as to open
up the entire law to amendment, the germaneness of an amendment to the
bill depends upon its relationship to the subject of the bill and not
to the entire law being amended. Deschler-Brown Ch 28 Sec. 35.95. A
bill amending several sections of one title of the U.S. Code does not
necessarily bring the entire title under consideration so as to permit
an amendment to any portion thereof. Deschler-Brown Ch 28 Sec. 35.
Where a bill amends existing law in one narrow particular, an
amendment proposing to modify such existing law in other particulars
will generally be ruled out as not germane. Deschler-Brown Ch 28
Sec. 35.65. Likewise, if a bill amending existing law relates to a
single subject or has a single purpose, an amendment is not germane
that proposes to modify the law further in a manner not related to the
purpose of the bill. Deschler-Brown Ch 28 Sec. Sec. 35.51, 41.4. Where
a proposition narrowly amends one section of

[[Page 580]]

existing law by changing a specific program therein, that section of
law is not open to a further amendment that would enlarge the scope of
the pending proposition. 92-1, Dec. 8, 1971, p 45536.
To a proposition modifying a limited portion of existing law, an
amendment further modifying that portion may be germane. Deschler-
Brown Ch 28 Sec. 35.19. Such an amendment may add exceptions or
definitions modifying the proposition if related to the same subject.
Deschler-Brown Ch 28 Sec. 35.24. However, an amendment repealing the
law is not germane. Deschler-Brown Ch 28 Sec. 36.1.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Amending a section of title 5 of the U.S. Code granting Extending those rights to legislative branch employees
certain rights to employees of executive agencies. . . as defined in a different section of that title
. (Deschler-Brown Ch 28 Sec. 35.95)

Amending a portion of an existing law to extend the Amending another section of that law mandating that the
authorization for U.S. contributions to the total budget outlays of the Federal government shall
International Monetary Fund. . . . not exceed its receipts (Deschler-Brown Ch 28 Sec.
35.48)

Sec. 28 . Amendments to Bills Repealing Existing Law

Where a bill repealing several sections of an existing law is
pending, an amendment proposing to repeal the entire law may be
germane. Where the bill seeks to repeal only one provision of an
existing law, an amendment modifying that provision (rather than
repealing it) also may be germane. Deschler-Brown Ch 28 Sec. 37. On
the other hand, to a bill repealing one narrow subsection of existing
law, an amendment proposing a comprehensive revision of the whole law
is not germane. Deschler-Brown Ch 28 Sec. 37.7.
This principle is illustrated in the following precedents:

Held Not Germane

Text Amendment

Repealing Chinese Exclusion Acts. . . . Relating to immigration generally (Deschler-Brown Ch 28
Sec. 37.6)

[[Page 581]]

Repealing a narrow provision of an existing Act. . . . Expressing congressional policy as to the pending bill
and to the administration of the whole Act (Deschler-
Brown Ch 28 Sec. 37.9)

Repealing a narrow subsection of law relating to the Placing restrictions on the assignment of personnel to
order of induction of selective service registrants. . Vietnam without their consent (Deschler-Brown Ch 28
. . Sec. 37.8)

Sec. 29 . Amendments to Bills Incorporating Other Laws by Reference

A general rule of germaneness is that an amendment to a law in the
jurisdiction of one committee is not germane to a bill in the
jurisdiction of another committee. See Sec. 6, supra. However, where
the pending bill incorporates by reference provisions of a law from
another committee and conditions the effectiveness of the bill upon
actions taken pursuant to a section of that law, an amendment to alter
that section of the law may be germane. Deschler-Brown Ch 28
Sec. 4.100. Furthermore, a bill incorporating by reference procedural
requirements contained in other Acts may be broad enough to permit an
amendment similarly referring to, but not directly amending, other
statutes and intending to accomplish the result sought to be effected
by the portion of the bill to which offered. For example, to a bill
including requirements for certification of Federal land use
activities as compatible with approved State management programs and
incorporating by reference certain statutory provisions, an amendment
applying the procedures contained in those statutes to approval of
such Federal land use programs in lieu of the certification procedures
in the bill was held germane. Deschler-Brown Ch 28 Sec. 4.100. On the
other hand, to a bill citing but not amending a law on one subject, an
amendment incorporating that law by reference to broaden its
application to the subject of the bill is not germane. Deschler-Brown
Ch 28 Sec. 41.21.

Effect of Disclaimers

Ordinarily, the inclusion of language in a bill ``disclaiming''
any substantive effect of the bill on other provisions of law would
not render germane amendments that do in fact affect that law.
However, where disclaimer language in a bill is accompanied by other
provisions changing a category

[[Page 582]]

of law cited in the disclaimer, an amendment further addressing the
relationship between the bill and laws cited in the disclaimer may be
germane. Deschler-Brown Ch 28 Sec. 42.54.

Sec. 30 . Amendments to Bills Continuing or Extending Existing Laws

A bill extending an existing law may open up the law being
extended to germane amendments. Deschler-Brown Ch 28 Sec. 39. A bill
continuing and reenacting an existing law may be amended by a
proposition modifying in a germane manner the provisions of the law
being extended. Deschler-Brown Ch 28 Sec. 39.28. To a bill extending
an existing law in modified form, an amendment proposing further
modification of the law is germane. Deschler-Brown Ch 28 Sec. 39.19.
However, while a bill ``extending existing law'' may open up the law
being extended to germane amendments, a proposition that merely
extends an official's authority under that law does not necessarily
open up the entire law to amendment. Deschler-Brown Ch 28 Sec. 39.27.
This principle is illustrated in the following precedents:

Held Germane

Text Amendment

Continuing for one year the Mexican farm labor program. Requiring a determination that reasonable efforts have
. . . been made to hire domestic workers (Deschler-Brown Ch
28 Sec. 39.14)

Amending and extending the Elementary and Secondary Providing that no funds in the Act be used for the
Education Act. . . . transportation of students or teachers ``in order to
meet provisions of'' the Civil Rights Act of 1964
(Deschler-Brown Ch 28 Sec. 39.19)

Reenacting a law to extend the existence of the Federal Restricting the method of submitting energy action
Energy Administration, including the authority to proposals to Congress (Deschler-Brown Ch 28 Sec.
conduct energy programs. . . . 39.30)

Extending the existence of the Federal Energy Requiring that agency to promulgate regulations to
Administration and authorizing appropriations for that assure that the agency hearings be conducted in
agency. . . . certain areas (Deschler-Brown Ch 28 Sec. 39.31)

[[Page 583]]

Held Not Germane

Text Amendment

Extending the authority of the Administrator of Altering provisions of existing law and modifying the
Veterans' Affairs to establish a maximum interest rate authority of the administrator to manage the loan
for insured loans to veterans. . . . program (Deschler-Brown Ch 28 Sec. 39.27)

Providing for a temporary extension of certain Altering provisions of those laws on a permanent basis
intelligence laws. . . . (110-2, Feb. 13, 2008, p 2116)

Extending the school milk program and making Extending further such benefits to programs operated by
``preschool programs operated as part of the school nonprofit institutions in depressed areas (Deschler-
system'' eligible for benefits. . . . Brown Ch 28 Sec. 39.18)

Sec. 31 . Amendments Changing Law to Bills Not Changing That Law

Generally

An amendment that amends a law not contemplated in the bill under
consideration and not related to the text before the House is subject
to a germaneness point of order. Thus, to a bill amending one law, an
amendment changing the provisions of another law is not germane.
Deschler-Brown Ch 28 Sec. 42. Likewise, to a bill making
appropriations for the current fiscal year, an amendment permanently
changing existing law is not germane and thus is not in order, even
though it tends to reduce expenditures for that year. Deschler-Brown
Ch 28 Sec. 42.57. The number and variety of laws being amended by the
underlying text may also affect the germaneness of an amendment
changing an additional law. Manual Sec. 939.
The germaneness of an amendment may be affected by the adoption of
other amendments that broaden the scope of the pending bill. For
example, where a bill authorizing foreign military assistance was
broadened by amendment to address permanent law relating to economic
relations with foreign nations, an amendment to remove military and
economic trade sanctions against Rhodesia was held germane to the bill
as a whole in its perfected form. 95-2, Aug. 2, 1978, p 23938.
This principle is illustrated in the following precedents:

[[Page 584]]

Held Not Germane

Text Amendment

Reorganizing existing discretionary governmental Directly changing policies in the substantive law to be
authority and vesting it in a new agency. . . . administered by that agency (Deschler-Brown Ch 28 Sec.
42.23)

Consolidating certain functions under a new agency and Prescribing new policy by amending a law not amended by
limiting its policy-making authority to that contained the bill (Deschler-Brown Ch 28 Sec. 42.24)
in existing law. . . .

Providing in part for increased salaries for Members of Relating to audits of financial transactions of the
Congress and legislative employees. . . . House and the Architect of the Capitol under another
law (Deschler-Brown Ch 28 Sec. 42.45)

Amending the Fair Labor Standards Act with respect to Amending the Tariff Act of 1930 with respect to the
the effect of imports on the domestic labor market. . importation of merchandise from Communist nations
. . (Deschler-Brown Ch 28 Sec. 42.2)

Establishing a Federal Energy Administration but not Repealing the Emergency Daylight Saving Time Energy
amending existing laws relating to energy conservation Conservation Act (Deschler-Brown Ch 28 Sec. 42.21)
policy. . . .

Regulating the importation of liquefied natural gas, Amending the Natural Gas Act to prohibit the FPC from
but not directly amending the Natural Gas Act. . . . regulating the price of natural gas at the well-head
(Deschler-Brown Ch 28 Sec. 42.20)

Amending certain Acts to provide for market adjustment Amending another Act to direct the President to conduct
and price support programs for wheat and feed grains. an investigation into imports of specified
. . . agricultural products (Deschler-Brown Ch 28 Sec.
42.11)

Changing for one year an existing law establishing Waiving the provisions of another law relating to price
price supports for several agricultural commodities. . supports for another agricultural commodity (Deschler-
. . Brown Ch 28 Sec. 42.17)

Amending several provisions of an existing law. . . . Repealing a section of another law (Manual Sec. 939)

[[Page 585]]

Waivers or Repeals

An amendment repealing existing law has been held not germane to a
bill not amending that law. Deschler-Brown Ch 28 Sec. 42.21. An
amendment may be subject to a point of order on the basis that it
contains the language ``notwithstanding any other provision of law''
if it has the effect of waiving a statute not amended by the bill.
Deschler-Brown Ch 28 Sec. 42.17. In one such instance, the Chair noted
that the waivers in the bill were waivers of a narrow class of
existing laws, whereas the amendment waived various unspecified laws
not within the scope of the pending measure. Deschler-Brown Ch 28
Sec. 42.18.

E. House-Senate Relations

Sec. 32 . Senate Germaneness Rules

In contrast to House practice, there is no general Senate rule
prohibiting nongermane amendments. However, questions of germaneness
of amendments to general appropriation bills are submitted to the
Senate without debate under Senate rule XVI. The Chair does not rule
on the question. Another rule prohibits nongermane amendments to bills
after cloture has been invoked. See clause 2 of Senate rule XXII. In
addition, pursuant to unanimous-consent agreements, the Senate
sometimes prohibits nongermane amendments to particular bills, or may
prohibit a certain class of nongermane amendments to a bill. Deschler-
Brown Ch 28 Sec. 25; see also S. Doc. 101-28. Under section 305 of the
Budget Act, amendments offered in the Senate to a concurrent
resolution on the budget must be germane; and under section 310, a
similar restriction applies to amendments to budget reconciliation
bills. Manual Sec. 1127.

Sec. 33 . Motions to Instruct Conferees

The rule that amendments must be germane applies to amendments to
a motion to instruct conferees. 8 Cannon Sec. Sec. 3230, 3235;
Deschler-Brown Ch 28 Sec. 28. The test of an amendment to a motion to
instruct conferees is the relationship of the amendment to the subject
matter of the House and Senate versions of the bill (Manual Sec. 930)
and not to the original motion to instruct.
Where an amendment in the nature of a substitute has been proposed
by one House for the entire bill passed by the other House, provisions
in either the bill or the substitute may be addressed in motions to
instruct conferees. 8 Cannon Sec. 3230.

[[Page 586]]

Sec. 34 . Senate Provisions in Conference Reports and in Amendments in
Disagreement

Formerly, a Senate amendment was not subject to the point of order
that it was not germane to the House bill. 8 Cannon Sec. 3425. Today,
under changes in the rules enacted in 1972, points of order may be
made against nongermane Senate matter in a conference report or in a
proposal to concur in a Senate amendment (with or without amendment).
If sustained, separate votes may be demanded on portions of Senate
amendments and conference reports containing language that would not
have been germane if offered in the House. Clause 10 of rule XXII;
Manual Sec. 1089.
Clause 10 of rule XXII permits points of order against language in
a conference report that was originally in the Senate bill or
amendment and that would not have been germane if offered to the
House-passed version, and permits a separate motion to reject such
portion of the conference report if found nongermane. For purposes of
that rule, the House-passed version, against which the Senate
provisions are compared, is that version finally committed to
conference, taking into consideration all amendments adopted by the
House, including House amendments to Senate amendments. Deschler-Brown
Ch 28 Sec. 27.
Pursuant to clause 10 of rule XXII, where the Speaker sustains a
point of order that a portion of a conference report containing a
Senate amendment is not germane to the House bill, a motion to reject
that portion of the conference report is in order and is subject to 40
minutes of debate. Deschler-Brown Ch 28 Sec. 26.29.
The Member representing the conference committee recognized in
opposition to a motion to reject a nongermane Senate provision
pursuant to clause 10 of rule XXII, and not the proponent of the
motion, has the right to close debate thereon. Manual Sec. 1090. After
the 40 minutes of debate permitted by that rule, it is then in order,
following the disposition of the motion to reject, to make further
points of order and motions to reject. If any such motion is adopted,
the conference report shall be considered as rejected and the pending
question shall be, in the case of a House bill with a Senate
amendment, whether the House will recede from disagreement to the
Senate amendment and concur therein with an amendment consisting of
the portion of the conference report not rejected. Deschler-Brown Ch
28 Sec. 26.31.
Clause 10 of rule XXII also permits points of order against
nongermane Senate matter in motions to concur or concur with amendment
in Senate amendments, the stage of disagreement having been reached.
If such a point of order is sustained, a separate motion to reject
such nongermane matter is permitted. Manual Sec. Sec. 931, 1089.
Clause 10 is not applicable to a provi

[[Page 587]]

sion contained in a motion to recede and concur with an amendment that
is not contained in any form in the Senate version, the only
requirement in such circumstances being that the motion as a whole be
germane to the Senate amendment as a whole under the House germaneness
rule. Deschler-Brown Ch 28 Sec. 27.12.
This principle is illustrated in the following precedents:

Held Not Germane

House Bill Senate Amendment

Continuing the operations of an executive department Prohibiting the availability of any funds appropriated
for one year. . . . for foreign military base agreements absent
congressional approval (93-1, Sept. 11, 1973, pp 29243-
46)

Exempting from tariff duty certain equipment and Extending benefits under the unemployment compensation
repairs for vessels operated by the United States. . . program (Deschler-Brown Ch 28 Sec. 26.30)
.

Requiring that a percentage of U.S. oil imports be Relating to the construction of vessels with certain
carried on U.S. flag vessels. . . . anti-pollution requirements (Deschler-Brown Ch 28 Sec.
26.29)

Containing several diverse amendments to the Internal Authorizing appropriations for special payments to
Revenue Code to provide individual and business tax social security recipients (Deschler-Brown Ch 28 Sec.
credits. . . . 26.27)

Improving automotive fuel efficiency by imposing fuel Providing loan guarantees for automotive research and
economy standards upon manufacturers. . . . development (Deschler-Brown Ch 28 Sec. 26.15)

Sec. 35 . Amendments to Senate Amendments

An amendment offered in the House to a Senate amendment must
ordinarily be germane to the particular Senate amendment to which it
is offered, it not being sufficient that the amendment be germane to
the provisions of the bill if the Senate amendment merely inserts new
matter and does not strike House provisions. 5 Hinds Sec. 6188; 8
Cannon Sec. 2936; Manual Sec. 931. Thus, during consideration of a
Senate amendment reported in disagreement by conferees, a proposal to
amend must be germane to the Senate amendment. Deschler-Brown Ch 28
Sec. 27.35. Although a Senate amendment proposing legislation on a
general appropriation bill is subject to an amendment

[[Page 588]]

of a similar character in the House, the requirement remains that the
House amendment be germane to the Senate amendment. Deschler-Brown Ch
28 Sec. 27.
The test of the germaneness of an amendment to an amendment
contained in a motion to concur in a Senate amendment is the
relationship between the offered amendment and the motion, and not the
relationship between that amendment and the Senate amendment to which
the motion has been offered. Deschler-Brown Ch 28 Sec. 27.6.
The test of germaneness of an amendment in the nature of a
substitute to a Senate amendment--proposed in a motion to concur
therein with an amendment--is the relationship between the proposed
amendment in its entirety and the Senate amendment in its entirety
(and not the relationship between any one provision of the amendment
and any one provision of the Senate amendment). Deschler-Brown Ch 28
Sec. Sec. 27.11, 27.12.
The rule of germaneness applies to motions to recede and concur in
a Senate amendment with an amendment. Such a motion must be germane to
the Senate amendment. Deschler-Brown Ch 28 Sec. 27. However, where a
Senate amendment proposes only to strike language in a House bill, the
test of the germaneness of a motion to recede and concur with an
amendment is the relationship between the language in the motion and
the provisions in the House bill proposed to be stricken by the Senate
amendment. Manual Sec. 931.
These principles are illustrated in the following precedents:

Held Germane

Senate Amendment House Amendment

Appropriating funds for a Senate office building Reducing the appropriation and the funding ceiling, and
extension, providing a funding ceiling on such providing that such extension upon completion meet
extension, and providing for the transfer of personnel certain personnel needs (96-1, Aug. 2, 1979, p 22007)
and equipment to such extension. . . .

Containing diverse provisions relating to the Containing comparable provisions and in addition
organization and administration of the Federal courts, permitting courts of appeals of a certain size to
including appointment of additional district and establish administrative units (Deschler-Brown Ch 28
circuit judges. . . . Sec. 27.12)

[[Page 589]]

Appropriating funds for termination of the civil Appropriating funds for termination of payment of the
supersonic aircraft. . . . airlines' contribution to development costs (92-1,
July 29, 1971, p 28053)

Held Not Germane

Senate Amendment House Amendment

Prohibiting use of specified funds as compensation for Enlarging the class of persons ineligible for such
certain former employees. . . . compensation (Deschler-Brown Ch 28 Sec. 27.34)

Prohibiting use of funds in a general appropriation Authorizing appropriations for research and development
bill for only one basing mode for the MX missile. . . of another weapons system (Deschler-Brown Ch 28 Sec.
. 27.19)

Providing for payment, from the Senate contingent fund, Providing additional travel allowances to Members of
of certain additional travel expenses incurred by the House from the House contingent fund (Deschler-
Senate employees. . . . Brown Ch 28 Sec. 27.35)

Striking a provision in a general appropriation bill Prohibiting use of those EPA funds temporarily to
that precluded the use of funds therein by the implement any plan requiring the review of any
Environmental Protection Agency to control air indirect sources of air pollution (Deschler-Brown Ch
pollution by regulating parking facilities. . . . 28 Sec. 27.14)

Appropriating funds for asbestos hazards abatement in Earmarking funds for the refinancing of a recycling
schools. . . . program of a specified city (Deschler-Brown Ch 28 Sec.
27.1)

F. Procedural Matters; Points of Order

Sec. 36 . In General

A point of order against an amendment to a proposition on
germaneness grounds is generally treated the same way as other points
of order. As noted earlier, the rule is not self-enforcing, and
requires a Member to raise the point of order at the appropriate time.
Deschler-Brown Ch 28 Sec. 44. The pro

[[Page 590]]

ponent of the amendment bears the burden of proof that the amendment
is germane to the underlying matter. 8 Cannon Sec. 2995.
For more on points of order, including timeliness and debate
thereon, see Points of Order; Parliamentary Inquiries. For a
discussion of special order of business resolutions, which may waive
the germaneness rule or otherwise alter the normal tests of
germaneness, see Special Orders of Business.

[[Page 591]]

CHAPTER 27
IMPEACHMENT

HOUSE PRACTICE

A. Generally

Sec. 1. In General; House and Senate Functions
Sec. 2. Who May Be Impeached
Sec. 3. Grounds for Impeachment
Sec. 4. -- Impeachable Misconduct
Sec. 5. Effect of Adjournment

B. Procedure in the House

Sec. 6. In General; Initiation and Referral of Charges
Sec. 7. Committee Investigations
Sec. 8. Consideration in the House; Voting

C. Procedure in the Senate

Sec. 9. In General
Sec. 10. Voting and Judgment
Research References
U.S. Const. art. I, Sec. Sec. 2, 3; art. II, Sec. 4
3 Hinds Sec. Sec. 2001-2515
6 Cannon Sec. Sec. 454-552
Deschler Ch 14
Manual Sec. Sec. 173-176; 601-620

A. Generally

Sec. 1 . In General; House and Senate Functions

Impeachment is a constitutional remedy to address serious offenses
against the system of government. It is the first step in a remedial
process--that of removal from public office and possible
disqualification from holding further office. The purpose of
impeachment is not punishment; rather, its function is primarily to
maintain constitutional government. Deschler Ch 14 App. pp 726-728;
105-2, Dec. 19, 1998, pp 28107-9.
Impeachment proceedings have been initiated more than 60 times
since the adoption of the Constitution. 3 Hinds Sec. 2294; 6 Cannon
Sec. 498; Deschler

[[Page 592]]

Ch 14 Sec. 1. Nineteen of these cases resulted in impeachment by the
House: President Andrew Johnson in 1868, Secretary of War William W.
Belknap in 1876, Senator William Blount in 1797, President William J.
Clinton in 1998, and 15 Federal judges. Only eight impeachments have
led to Senate convictions--all of them Federal judges.
An impeachment is instituted by a written accusation, called an
``Article of Impeachment,'' which states the offense charged. The
articles serve a purpose similar to that of an indictment in an
ordinary criminal proceeding. Manual Sec. 609.
The power of impeachment is bifurcated by the Constitution. The
House is given the ``sole Power of Impeachment,'' and the Senate is
given ``the sole Power to try all Impeachments.'' U.S. Const. art. I,
Sec. 2, cl. 5; Sec. 3, cl. 6. Impeachments may be brought against the
``President, Vice President, and all civil Officers of the United
States.'' Conviction of ``Treason, Bribery, or other high Crimes and
Misdemeanors'' is followed by ``removal from Office'' and may include
``disqualification to hold'' further public office. U.S. Const. art.
I, Sec. 3, cl. 7; art. II, Sec. 4.
The term ``impeach'' is used in different ways at various stages
of the proceedings. A Member rises on the floor to ``impeach'' an
officer in presenting a resolution or memorial. 3 Hinds Sec. 2469. The
House votes to ``impeach'' in the constitutional sense when it adopts
an impeachment resolution and accompanying articles. Sec. 8, infra.
The Senate then conducts a trial on these articles and either convicts
by two-thirds vote or acquits the ``impeached'' Federal official.
Sec. 9, infra.

Sec. 2 . Who May Be Impeached

The ``President, Vice President, and all civil Officers of the
United States'' are subject to removal under the impeachment clause of
the Constitution. U.S. Const. art. II, Sec. 4. A private citizen who
has held no public office may not be impeached. 3 Hinds
Sec. Sec. 2007, 2315.
The term ``civil Officers'' in article II, section 4 of the
Constitution refers to those appointed by the President under article
II, section 3, clause 2. The term is broad enough to include all
officers of the United States who hold their appointment from the
Federal government, whether their duties be executive, administrative,
or judicial, or whether their position be high or low. Impeachment--
Selected Materials, Committee on the Judiciary, H. Doc. No. 93-7, Oct.
1973, p 691. On the other hand, military officers are not subject to
impeachment, since they are subject to disciplinary measures according
to military codes. 3 Willoughby, The Constitution (1929) Sec. 929; 9
Hughes, Federal Practice (1931) Sec. 7228.

[[Page 593]]

A Member of Congress is not a ``civil Officer'' within the meaning
of the impeachment provisions of the Constitution. 3 Hinds
Sec. Sec. 2310, 2316. The contention that a Senator was not a civil
officer within the meaning of the impeachment provisions of the
Constitution was sustained by the Senate in 1799. The Senate dismissed
impeachment charges brought to its bar by the House, finding that an
impeachment of a Senator was beyond its jurisdiction. 3 Hinds
Sec. 2318; Sec. 4, infra.
Federal judges are subject to removal under the impeachment
provisions of the Constitution. Of the 19 impeachments reaching the
Senate, 15 have been directed at Federal judges, and in eight of these
cases the Senate voted to convict: Pickering in 1803 (3 Hinds
Sec. Sec. 2319-2341); Humphreys in 1863 (3 Hinds Sec. Sec. 2385-2397);
Archbald in 1912 (6 Cannon Sec. Sec. 498-512); Ritter in 1936 (S. Doc.
No. 74-200, 1936); and Claiborne, Nixon, Hastings, and Porteous in
1986, 1988, 1989, and 2010, respectively (Manual Sec. 176).
Impeachment proceedings were initiated against a Member of the
President's Cabinet in 1876, when impeachment charges were filed
against William W. Belknap, who had been Secretary of War. The House
and Senate debated the power of impeachment at length and determined
that the Secretary remained amenable to impeachment and trial even
after his resignation. 3 Hinds Sec. Sec. 2007, 2467. In 1978, the
House voted to table a privileged resolution impeaching Andrew Young,
the United States Ambassador to the United Nations. 95-2, July 13,
1978, p 20606.
A Commissioner of the District of Columbia has been held not to be
a civil officer subject to impeachment under the Constitution. 6
Cannon Sec. 548. Under section 596(a) of title 28, United States Code,
an independent counsel appointed to investigate the President may be
impeached. A resolution impeaching such independent counsel
constitutes a question of the privileges of the House under Rule IX.
Manual Sec. 604.

Effect of Resignation

The House and Senate have the power to impeach and try an accused
official who has resigned. Deschler Ch 14 Sec. 2. It was conceded (in
the Belknap impeachment proceeding described above) that a Cabinet
Secretary remains amenable to impeachment and trial even after his
resignation. 3 Hinds Sec. Sec. 2317, 2318. As a practical matter,
however, the resignation of an official about to be impeached
generally puts an end to impeachment proceedings because the primary
objective--removal from office--has been accomplished. This was the
case in the impeachment proceedings begun against President Richard M.
Nixon in 1974 and Judge George English in 1926. Deschler Ch 14
Sec. Sec. 2.1, 2.2. President Nixon resigned following the decision of
the Committee on the Judiciary to report to the House recom

[[Page 594]]

mending his impeachment, and further proceedings were discontinued.
93-2, H. Rept. 93-1305, p 29361. Judge English resigned before
commencement of trial by the Senate and the proceedings were
discontinued at that point. 6 Cannon Sec. 547. Judge Delahay (1873)
and Judge Kent (2009) likewise resigned prior to Senate proceedings.

Sec. 3 . Grounds for Impeachment

Generally

The Constitution defines the grounds for impeachment and
conviction as ``Treason, Bribery, or other high Crimes and
Misdemeanors.'' U.S. Const. art. II, Sec. 4. When the House determines
that grounds for impeachment exist, the articles of impeachment are
presented to the Senate. Any one of the articles may provide a
sufficient basis or ground for conviction. Deschler Ch 14 Sec. 3.
The phrase ``high Crimes and Misdemeanors'' has been interpreted
broadly. The framers of the Constitution adopted the phrase from the
English practice. At the time of the Constitutional Convention, the
phrase ``high crimes and misdemeanors'' had been in use for more than
400 years in impeachment proceedings in the British Parliament. Some
of these impeachments charged high treason; others charged high crimes
and misdemeanors. The latter included both statutory offenses and
nonstatutory offenses. Many of the charges involved abuse of official
power or trust. Deschler Ch 14 App. pp 706-708.
An offense must be serious or substantial in nature to provide
grounds for impeachment. This requirement flows from the language of
the clause itself--``high Crimes and Misdemeanors.'' Although there is
some authority to the contrary, it is generally accepted that the
adjective ``high'' modifies ``Misdemeanors'' as well as ``Crimes.''
Impeachment--Selected Materials, Committee on the Judiciary, H. Doc.
No. 93-7, Oct. 1973, p 682. As to what constitutes a serious,
impeachable offense, one commentator has said:

To determine whether or not an act or a course of conduct is
sufficient in law to support an impeachment, resort must be had to
the eternal principles of right, applied to public propriety and
civil morality. The offense must be prejudicial to the public
interest and it must flow from a willful intent, or a reckless
disregard of duty. . . . It may constitute an intentional violation
of positive law, or it may be an official dereliction of commission
or omission, a serious breach of moral obligation, or other gross
impropriety of personal conduct that, in its natural consequences,
tends to bring an office into contempt and disrepute.

Brown, The Impeachment of the Federal Judiciary, 26 Harv. L. Rev. 684,
703, 704 (1912).

[[Page 595]]

The time when the offenses were committed is a factor to be taken
into consideration. In 1973 the House declined to take any action on a
request by Vice President Agnew for an investigation into allegations
of impeachable offenses where the offenses were not committed during
his term of office as Vice President and where the offenses were
pending before the courts. 93-1, Sept. 25, 1973, p 31368.
Exactly 100 years earlier, in a case that also involved the Vice
President, the Committee on the Judiciary found that Schuyler Colfax
could not be impeached for an alleged offense committed before his
term of office as Vice President (the alleged conduct occurring while
he was Speaker). 3 Hinds Sec. 2510.

Presidential Impeachments

In 1998 the Committee on the Judiciary recommended to the House
four articles of impeachment against President Clinton, two of which
the House adopted. 105-2, H. Res. 611, Dec. 19, 1998, pp 28110-12. The
first and third articles, which the House adopted, charged the
President with providing perjurious testimony to a Federal grand jury
and with obstructing justice in a Federal civil action. The second and
fourth articles, which the House rejected, charged him with providing
perjurious testimony in a Federal civil deposition and with abuse of
power for failing to adequately respond to questions asked by the
Committee on the Judiciary during the impeachment inquiry. 105-2, H.
Rept. 105-830, pp 108, 118, 119, 121. President Clinton was acquitted
in the Senate on both articles adopted by the House. 106-1, Feb. 12,
1999, pp 2375-79.
In 1974 the grounds for invoking the impeachment power against the
President were illustrated when the House initiated an inquiry into
President Nixon's conduct as a result of charges arising out of a 1972
break-in at the Democratic National Headquarters in the Watergate
Office Building in Washington, DC. The Committee on the Judiciary
recommended to the House three articles of impeachment against
President Nixon in July 1974. The articles charged him with abuse of
his Presidential powers, obstruction of justice, and contempt of
Congress. Deschler Ch 14 Sec. 3.7. Before the full House voted on
these articles, President Nixon resigned. His resignation terminated
further action on the issue, although the articles were submitted to
and accepted by the House by adoption of a resolution of
``acceptance'' considered under suspension of the rules rather than a
resolution of impeachment. 93-2, Aug. 20, 1974, pp 29219-362.
In 1868 the House impeached President Andrew Johnson on the ground
that he had violated the Tenure of Office Act by dismissing a Cabinet
chief. Johnson was acquitted in the Senate. 3 Hinds Sec. Sec. 2440,
2443.

[[Page 596]]

Judicial Impeachments

Since Federal judges hold office ``during good Behaviour,'' it has
been suggested that misbehavior properly defines the bounds of ``high
Crimes and Misdemeanors'' or even that lack of good behavior
constitutes an independent standard for impeachment. U.S. Const. art.
III, Sec. 1; 6 Cannon Sec. 464. The more modern view, however, is that
the ``good Behaviour'' clause more aptly describes judicial tenure;
that is, the clause does not constitute a standard for impeachability
but merely means that Federal judges hold office for life unless they
are removed under some other provision of the Constitution. Under this
view, the power of removal together with the appropriate standard are
contained solely in the impeachment clause. Impeachment--Selected
Materials, Committee on the Judiciary, H. Doc. No. 93-7, Oct. 1973, p
666.
The grounds for impeachment of Federal judges were scrutinized in
1970 during an inquiry of a special subcommittee of the Committee on
the Judiciary into the conduct of Associate Justice Douglas of the
Supreme Court. The report of that special subcommittee concluded that
a Federal judge could be impeached for judicial conduct that is either
criminal or a serious abuse of public duty, or for nonjudicial conduct
that is criminal. Deschler Ch 14 Sec. 3.13 (proceedings discontinued
for lack of evidence). The committee report recommending impeachment
of President Clinton also discussed judicial impeachments. 105-2, H.
Rept. 105-830, pp 110-18.

Sec. 4 . -- Impeachable Misconduct

Impeachments have commonly involved charges of misconduct
incompatible with the official position of the office holder. This
conduct falls into three broad categories: (1) abusing or exceeding
the lawful powers of the office; (2) behaving officially or personally
in a manner grossly incompatible with the office; and (3) using the
power of the office for an improper purpose or for personal gain. See
Deschler Ch 14 App. p 719.

Abusing or Exceeding the Powers of the Office

The impeachment by the House of Senator William Blount in 1797 was
based on allegations that he attempted to incite an Indian attack in
order to capture certain territory for the British. He was charged
with engaging in a conspiracy to compromise United States neutrality
and with attempting to oust the President's lawful appointee as
principal agent for Indian affairs. 3 Hinds Sec. Sec. 2294-2318.
Although the Senate found that it had no jurisdiction over the trial
of an impeached Senator, it expelled him for having been guilty of a
``high misdemeanor, entirely inconsistent with his public trust and
duty as a Senator.'' Deschler Ch 14 App. p 720.

[[Page 597]]

The impeachment of President Andrew Johnson in 1868 was likewise
based on allegations that he had exceeded the power of his office.
Johnson was charged with violation of the Tenure of Office Act, which
purported to limit the President's authority to remove members of his
own Cabinet. Johnson, believing the Act unconstitutional, removed
Secretary of War Stanton and was impeached by the House three days
later. Johnson was acquitted in the Senate. 3 Hinds Sec. Sec. 2440,
2443.
A serious abuse of the powers of the office was a charge included
among the recommended articles impeaching President Nixon in 1974. The
Committee on the Judiciary found that his conduct ``constituted a
repeated and continuing abuse of the powers of the Presidency in
disregard of the fundamental principle of the rule of law in our
system of government.'' Deschler Ch 14 Sec. 3.7.
The House adopted an article of impeachment against President
Clinton alleging that he obstructed justice in the course of a Federal
civil action. However, the House rejected an article of impeachment
against President Clinton alleging that he engaged in conduct that
resulted in abuse of his office by inadequately responding to 81
written questions posed by the Committee on the Judiciary. 105-2, H.
Res. 611, Dec. 19, 1998, pp 28110-12; 105-2, H. Rept. 105-830, p 121.
President Clinton was acquitted by the Senate on that article adopted
by the House. 106-1, Feb. 12, 1999, p 2375-79.

Behavior Grossly Incompatible with the Office

Judge John Pickering was impeached by the House in 1803 for errors
in a trial in violation of his trust and duty as a judge, and for
appearing on the bench during the trial in a state of intoxication and
using profane language. Pickering was convicted in the Senate and
removed from office. 3 Hinds Sec. Sec. 2319-2341.
Associate Supreme Court Justice Samuel Chase was impeached by the
House in 1804. The House charged Chase with permitting his partisan
views to influence his conduct in certain trials. His conduct was
alleged to be a serious breach of his duty to judge impartially and to
reflect on his competence to continue to exercise the power of the
office. Chase was acquitted in the Senate. 3 Hinds Sec. Sec. 2342-
2363.
Judge West Humphreys was impeached by the House and convicted in
the Senate in 1862 on charges that he joined the Confederacy without
resigning his Federal judgeship. Judicial prejudice against Union
supporters also was alleged. 3 Hinds Sec. Sec. 2385-2397.
Judge Mark W. Delahay was impeached by the House in 1873 for
``personal habits,'' including intoxication and certain alleged
corrupt trans

[[Page 598]]

actions. He resigned prior to the commencement of proceedings in the
Senate. 3 Hinds Sec. Sec. 2504, 2505.
Judge George English was impeached by the House in 1926 for
showing judicial favoritism and for failure to give impartial
consideration to cases before him. It was alleged that his favoritism
had created distrust of his official actions and destroyed public
confidence in his court. 6 Cannon Sec. Sec. 544-547. Judge English
resigned before commencement of trial by the Senate, and the
proceedings were discontinued.
Judge Samuel B. Kent was impeached in the House in 2009 for sexual
misconduct with court employees, and for making false statements
relating to such conduct to federal officials. Judge Kent resigned
just after commencement of trial in the Senate, and the proceedings
were discontinued. 111-1, July 22, 2009, p __.
The House adopted an article of impeachment against President
Clinton alleging that he prevented, obstructed, and impeded the
administration of justice in a Federal civil action. 105-2, Dec. 19,
1998, pp 28110-12. President Clinton was acquitted by the Senate of
that article of impeachment. 106-1, Feb. 12, 1999, pp 2375-79.

Using the Office for an Improper Purpose or Personal Gain

In 1826 Judge James Peck was impeached by the House for taking
action against a lawyer who had publicly criticized one of his
decisions, imprisoning him, and ordering his disbarment. The House
charged that such conduct was unjust, arbitrary, and beyond the scope
of his judicial duties. Peck was acquitted in the Senate. 3 Hinds
Sec. Sec. 2364-2366. Vindictive use of power also constituted an
element of the charges in the articles of impeachment voted against
Judge Charles Swayne in 1903. It was alleged that he maliciously and
unlawfully imprisoned two lawyers and a litigant for contempt. 3 Hinds
Sec. Sec. 2469-2485.
Several impeachments have alleged the use of office for personal
gain or the appearance of financial impropriety while in office.
Secretary of War William Belknap was impeached by the House in 1876
for receiving substantial payments in return for his making of an
appointment. He was acquitted in the Senate. 3 Hinds Sec. Sec. 2444-
2468.
The use of office for direct or indirect personal monetary gain
was also involved in the impeachments of Judges Charles Swayne (1903),
Robert Archbald (1912), George English (1926), Harold Louderback
(1932), Halsted Ritter (1936), Samuel Kent (2009), and Thomas Porteous
(2010). Judge Swayne was charged with falsifying expense accounts.
Judge Archbald was charged with using his office to secure business
favors from litigants and potential litigants before his court. Judges
English, Louderback, and Ritter

[[Page 599]]

were charged with misusing their power to appoint and set the fees of
bankruptcy receivers for personal profit. 3 Hinds Sec. Sec. 2469-2485
(Swayne); 6 Cannon Sec. Sec. 498-512 (Archbald); Sec. Sec. 544-547
(English); Sec. Sec. 513-524 (Louderback); 74-2, Jan. 14, 1936, p 5602
(Ritter).
In 1986 the House agreed to a resolution impeaching Federal
District Judge Harry Claiborne, who had been convicted of falsifying
Federal income tax returns. His final appeal was denied by the Supreme
Court and he began serving his prison sentence. Because he declined to
resign, however, Judge Claiborne was still receiving his judicial
salary and, absent impeachment, would resume the bench on his release
from prison. Consequently, a resolution of impeachment was introduced
and the Committee on the Judiciary reported to the House four articles
of impeachment against Judge Claiborne. The resolution was called up
as a question of privilege and adopted. After trial in the Senate,
Judge Claiborne was convicted on three of the four articles of
impeachment and removed from office on October 9, 1986. Manual
Sec. 176.
In the 100th Congress, the House agreed to a resolution reported
from the Committee on the Judiciary impeaching Federal District Judge
Alcee Hastings. The resolution specified 17 articles of impeachment,
some of them addressing allegations of which the judge had been
acquitted in a Federal criminal trial. 100-2, H. Res. 499, Aug. 3,
1988, p 20206. The judge was convicted in a trial before the Senate in
the 101st Congress. 101-1, Oct. 20, 1989, pp 25329-35.
In 1989 the House voted to impeach Federal District Judge Walter
L. Nixon, Jr., after he had been convicted on two counts of perjury
before a grand jury about his relationship to a man whose son was
being prosecuted for drug smuggling. The impeachment resolution
charged that Judge Nixon had given false information about whether he
had discussed the case with the local district attorney and attempted
to influence its outcome. 101-1, May 10, 1989, p 8814. The Senate
convicted Judge Nixon on two of the three articles of impeachment and
removed him from office. 101-1, Nov. 3, 1989, pp 27102-4.
In 2010 the House voted to impeach Federal District Judge Thomas
Porteous for engaging in corrupt financial relationships with
attorneys and other court officials, knowingly making false statements
in bankruptcy proceedings, and knowingly making false statements to
the United States Senate and the Federal Bureau of Investigation
regarding his nomination to the office of District Judge. The Senate
convicted him on all four articles of impeachment and removed him from
office. 111-2, Dec. 8, 2010, p __.

[[Page 600]]

Noncriminal Misconduct

In the history of impeachments under the Constitution, the most
closely debated issue has been whether impeachment is limited to
offenses indictable under the criminal law--or at least to offenses
that constitute crimes--or whether the word ``Misdemeanors'' in the
impeachment clause extends to noncriminal misconduct as well. Although
the precedents are not entirely uniform, the majority clearly favor
the broader definition. As stated in the Ritter impeachment, the
modern view is that the provision for impeachment in the Constitution
applies not only to high crimes and misdemeanors as those words were
understood at common law, but also to acts that, though not defined as
criminal, adversely affect the public interest. 69-1, H. Rept. 69-653,
pp 9, 10.
The historical evidence establishes that the phrase ``high crimes
and misdemeanors''--which over a period of centuries evolved into the
English standard of impeachable conduct--had a special and distinctive
meaning, and referred to a category of offenses that subverted the
system of government. Deschler Ch 14 App. p 724. The American
experience with impeachment likewise reflects the view that
impeachable conduct need not be criminal. Of the 19 impeachments voted
on by the House since 1789, at least 11 involved one or more
allegations that did not charge a violation of criminal law. Deschler
Ch 14 App. p 725. The impeachment of Judge Pickering in 1803 was the
first such proceeding to result in conviction and was based, at least
in part, on noncriminal misconduct. The first three articles involved
a series of flagrant errors on the part of the judge in his conduct of
a case. 3 Hinds Sec. 2319. Similarly, in 1974, in recommending
articles impeaching President Nixon, the House Committee on the
Judiciary concluded that the President could be impeached not only for
violations of Federal criminal statutes but also for abuse of the
power of his office and for refusal to comply with proper subpoenas of
the committee. Deschler Ch 14 Sec. 3.7.
Less than one-third of all the articles the House has adopted have
explicitly charged the violation of a criminal statute or used the
word ``criminal'' or ``crime'' to describe the conduct alleged. Much
more common in the articles are allegations that the officer has
violated specific duties or an oath or seriously undermined public
confidence in such officer's ability to perform his official
functions. Deschler Ch 14 App. p 723.
The theory of the proponents of impeachment of President Johnson
was succinctly put by one of the managers in the Senate trial:

An impeachable high crime or misdemeanor is one in its nature or
consequences subversive of some fundamental or essential principle
of government or highly prejudicial to the public interest, and this
may consist of a violation of the Constitution, of law, of an
official oath, or of duty,

[[Page 601]]

by an act committed or omitted, or, without violating a positive
law, by the abuse of discretionary powers from improper motives or
for an improper purpose.

The Constitution of the United States of America--Analysis and
Interpretation, p 615, Government Printing Office, 2002.

The House adopted an article of impeachment against President
Clinton alleging that he gave perjurious, false, and misleading
testimony to a Federal grand jury. However, the House rejected an
article of impeachment against President Clinton alleging that he gave
perjurious, false, and misleading written and deposed testimony in a
Federal civil action. 105-2, H. Res. 611, Dec. 19, 1998, pp 28110-12.
Some argued that neither allegation could be the subject of a
successful criminal prosecution and thus would not be sufficient to
establish an impeachable offense. 105-2, H. Rept. 105-830, p 211.

Sec. 5 . Effect of Adjournment

An impeachment may proceed only when Congress is in session. 3
Hinds Sec. Sec. 2006, 2462. However, an impeachment proceeding does
not expire with adjournment. An impeachment proceeding begun in the
House in one Congress may be resumed in the next Congress. 3 Hinds
Sec. 2321; 111-1, Jan. 13, 2009, p __. An official impeached by the
House in one Congress may be tried by the Senate in the next Congress.
Manual Sec. 620; 3 Hinds Sec. Sec. 2319, 2320.
Although impeachment proceedings may continue from one Congress to
the next, the authority of the managers appointed by the House expires
at the end of a Congress; and managers must be reappointed when a new
Congress convenes. Manual Sec. 620. Managers on the part of the House
are reappointed by resolution. Manual Sec. 604; Deschler Ch 14
Sec. 4.2. Thus, the articles of impeachment against Judge Alcee
Hastings were presented in the Senate during the second session of the
100th Congress (100-2, Aug. 3, 1988, p 20223) but were still pending
trial by the Senate in the 101st Congress, when the House reappointed
managers (101-1, Jan. 3, 1989, p 84). The articles of impeachment
against President Clinton were presented to the Senate after the
Senate had adjourned sine die for the 105th Congress, and the Senate
conducted the trial in the 106th Congress. Manual Sec. 620.

[[Page 602]]

B. Procedure in the House

Sec. 6 . In General; Initiation and Referral of Charges

Generally

Under the modern practice, an impeachment is normally instituted
by the House by the adoption of a resolution calling for a committee
investigation of charges against the officer in question. This
committee may, after investigation, recommend the dismissal of charges
or it may recommend impeachment. Impeachment--Selected Materials,
Committee on the Judiciary, H. Doc. No. 93-7, Oct. 1973, p 699. A
resolution recommending impeachment is reported to the House
simultaneously with the articles of impeachment setting forth the
grounds for the proposed action. Sec. 8, infra. Following the adoption
of a resolution to impeach, the House appoints managers to conduct the
impeachment trial in the Senate. The Senate is then informed of these
facts by resolution. Manual Sec. 607; Deschler Ch 14 Sec. 9. When this
resolution reaches the Senate, the Senate advises the House as to when
the Senate will receive the managers appointed by the House. The
managers then present themselves and the impeachment articles to the
Senate, the House reserving the right to file additional articles
later. Manual Sec. 608a; Deschler Ch 14 Sec. Sec. 10, 11.

Initiation of Charges

In most cases, impeachment proceedings in the House have been
initiated either by introducing a resolution of impeachment through
the hopper or by offering a resolution of impeachment on the floor as
a question of the privileges of the House. Manual Sec. 603; Deschler
Ch 14 Sec. 5.
In the House, various events have been credited with setting an
impeachment in motion, including:

Charges initiated by a petition from one or more citizens and
referred to committee. 3 Hinds Sec. Sec. 2364, 2491, 2494.
Charges transmitted in a message from the President. 3 Hinds
Sec. Sec. 2294, 2319; 6 Cannon Sec. 498.
Charges transmitted from the legislature of a State. 3 Hinds
Sec. 2469.
Charges arising from a grand jury investigation. 3 Hinds
Sec. 2488.
Charges arising from an independent counsel investigation
under section 595(c) of title 28, United States Code. Manual
Sec. 603.

In the 93d Congress, Vice President Agnew used a letter to the
Speaker to attempt to initiate an investigation by the House of
charges against him of possible impeachable offenses, but the House
took no action on the request. Manual Sec. 603.

[[Page 603]]

In the 105th Congress, an independent counsel transmitted to the
House under section 593 of title 28, United States Code, a
communication containing evidence of alleged impeachable offenses by
the President. The House adopted a privileged resolution reported by
the Committee on Rules referring the communication to the Committee on
the Judiciary, immediately releasing portions to the public,
restricting Members' access to the communication, and restricting
access to committee meetings and hearings on the communication. Later,
the House adopted a privileged resolution reported by the Committee on
the Judiciary authorizing an impeachment inquiry by that committee.
Manual Sec. 603.

Referral to Committee

Resolutions introduced through the hopper that directly call for
an impeachment are referred to the Committee on the Judiciary, whereas
resolutions merely calling for a committee investigation with a view
toward impeachment are referred to the Committee on Rules. Deschler Ch
14 Sec. Sec. 5.10, 5.11. In the 105th Congress the House adopted a
privileged resolution reported by the Committee on Rules referring a
communication from an independent counsel alleging certain impeachable
offenses to the Committee on the Judiciary. Later, the House adopted a
privileged resolution reported by the Committee on the Judiciary
authorizing an impeachment inquiry by that committee. Manual Sec. 603.
All impeachments to reach the Senate since 1900 have been based on
resolutions reported by the Committee on the Judiciary. Before that
committee's creation in 1813, impeachments were referred to a special
committee for investigation. Manual Sec. 603; 6 Cannon Sec. 657.

Sec. 7 . Committee Investigations

Committee impeachment investigations are governed by those
portions of Rule XI relating to committee investigative and hearing
procedures, and by any rules and special procedures adopted by the
House and by the committee for the inquiry. Manual Sec. 605; Deschler
Ch 14 Sec. 6.3. The House may by resolution waive or supplement a
requirement of these rules in a particular case. In several recent
instances, the House agreed to a resolution authorizing the counsel to
the Committee on the Judiciary to take depositions of witnesses in an
impeachment investigation and waiving the provision of Rule XI that
requires at least two committee members to be present during the
taking of such testimony. Deschler Ch 14 Sec. 6.3; 105-2, H. Res. 581,
Oct. 8, 1998, p 24679; 110-2, H. Res. 1448, Sept. 17, 2008, p 19502;
111-1, H. Res. 424, May 12, 2009, p __. Authorities to conduct an
inves

[[Page 604]]

tigation in one Congress have been ``re-invigorated'' in a subsequent
Congress. 111-1, H. Res. 15, Jan. 13, 2009, p __.
Under the earlier practice the committee sometimes made its
inquiry ex parte. 3 Hinds Sec. Sec. 2319, 2343, 2385. However, the
modern trend is to permit the accused to testify, present witnesses,
cross-examine witnesses, and be represented by counsel. 3 Hinds
Sec. Sec. 2445, 2470, 2471, 2501, 2518; Deschler Ch 14 Sec. 6; 105-2,
H. Rept. 105-830. Constitutionality, see Sec. 9, infra.

Confidentiality of Material; Access

The House and the Committee on the Judiciary may adopt procedures
to ensure the confidentiality of impeachment inquiry materials and to
limit access to such materials. Deschler Ch 14 Sec. Sec. 6.9, 15.3;
105-2, H. Res. 525, Sept. 11, 1998, pp 20020, 20021. Where a Federal
court subpoenas certain evidence gathered by the committee in an
impeachment inquiry, the House may adopt a resolution granting such
limited access to the evidence as will not violate the privileges of
the House or its sole power of impeachment under the Constitution.
Deschler Ch 14 Sec. 6.13.

Subcommittee Investigations

An investigative subcommittee charged with an impeachment inquiry
is limited to the powers expressly authorized by the House or by the
full committee. Deschler Ch 14 Sec. 6.11; 105-2, H. Res. 581, Oct. 8,
1998, p 24679. After completing its investigation, the subcommittee
ordinarily submits recommendations to the full committee as to whether
impeachment is warranted. See, e.g., Final Report of the Special
Subcommittee on H. Res. 920 of the Committee on the Judiciary, 91-2,
committee print, Sept. 17, 1970.

Form

For forms of resolutions authorizing an investigation of the
sufficiency of grounds for impeachment and conferring subpoena power
and authority to take testimony, see Deschler Ch 14 Sec. 6.

Sec. 8 . Consideration in the House; Voting

Generally

The respondent in an impeachment proceeding is impeached by the
adoption of the House of articles of impeachment. Only a majority vote
is necessary, whereas a two-thirds vote of Members present is required
in the Senate for conviction and removal. U.S. Const. art. I, Sec. 3;
Impeachment--Selected Materials, Committee on the Judiciary, H. Doc.
No. 93-7, Oct. 1973, p 700. In this regard, as is the usual practice,
the committee's recommendations as reported in the resolution are not
binding on the House

[[Page 605]]

until they are adopted. In 1933 the House voted to impeach Judge
Harold Louderback, even though the Committee on the Judiciary found
insufficient grounds to warrant impeachment. 6 Cannon Sec. 514.

Impeachment Propositions as Privileged

A resolution impeaching an officer is highly privileged under the
Constitution and therefore supersedes other pending business,
including an election contest. Manual Sec. 604; 3 Hinds
Sec. Sec. 2045-2048, 2581; 6 Cannon Sec. 468. Such a resolution, if
reported, may be considered immediately in the House as a question of
privilege. It is, therefore, not subject to the three-day layover
requirement of rule XIII. Manual Sec. 604. It does not lose its
privilege from the fact that a similar proposition has been considered
previously during the same session. 3 Hinds Sec. 2408. However, a
resolution offered from the floor simply proposing an investigation is
not privileged, even though impeachment may be a possible consequence.
3 Hinds Sec. Sec. 2050, 2546; 6 Cannon Sec. 463.
Although charges or resolutions of impeachment are privileged,
they cannot be presented while another Member has the floor unless
yielded to for that purpose. Deschler Ch 14 Sec. 5.2. A resolution of
impeachment offered from the floor by a Member (other than the
Majority or Minority Leader) is not privileged for immediate
consideration because it is subject to the notice requirement of rule
IX. Manual Sec. 699.
A committee to which resolutions of impeachment have been referred
may report and call up as privileged resolutions incidental to the
consideration of the impeachment question. Manual Sec. 604; Deschler
Ch 14 Sec. 5.8. If, however, such a resolution is offered on the floor
by a Member on such Member's own initiative and not reported from the
committee to which the impeachment has been referred, it is not
privileged for immediate consideration because it is subject to the
notice requirement of rule IX. See Manual Sec. 699.
Propositions incidental to an ongoing impeachment proceeding taken
up as privileged (3 Hinds Sec. 2400) have included:

Reports relating to the investigation (3 Hinds Sec. 2402;
Deschler Ch 14 Sec. 8.2).
Resolutions providing for the selection of managers (6 Cannon
Sec. 517).
Propositions to abate an impeachment proceeding (6 Cannon
Sec. 514).
Proposals to confer subpoena authority or to provide funding
for the investigation (Manual Sec. 604; 6 Cannon Sec. 549).
Resolutions authorizing depositions by committee counsel
(Manual Sec. 604).

Following adoption of the articles of impeachment, the House
adopts resolutions appointing managers to present the articles before
the Senate, no

[[Page 606]]

tifying the Senate of the adoption of articles and appointment of
managers, and authorizing the managers to prepare for and to conduct
the trial in the Senate. Manual Sec. 607; 6 Cannon Sec. Sec. 499, 500,
514, 517. These privileged incidental resolutions may be merged into a
single indivisible privileged resolution. Manual Sec. 607.
On several occasions the Committee on the Judiciary, having been
referred a question of impeachment, reported a recommendation that
impeachment was not warranted and, thereafter, called up the report as
a question of privilege. Deschler Ch 14 Sec. 1.3. Under section 596(a)
of title 28, United States Code, an independent counsel appointed to
investigate the President may be impeached; and a resolution
impeaching such independent counsel constitutes a question of the
privileges of the House under rule IX. Manual Sec. 604.

Debate; Motions

Propositions of impeachment are considered under the general rules
of the House applicable to other simple House resolutions, unless the
House otherwise provides by special order of business. Deschler Ch 14
Sec. 8; 105-2, Dec. 18, 1998, pp 27846, 27847. Since 1912, the House
has considered the resolution together with the articles of
impeachment. Deschler Ch 14 Sec. 8.2. The House may consider the
resolution and articles under a unanimous-consent agreement fixing and
controlling the time for debate. Deschler Ch 14 Sec. Sec. 8.1, 8.4;
105-2, Dec. 18, 1998, pp 27846, 27847. The motion for the previous
question and the motion to recommit are applicable, and a separate
vote may be demanded on each article of impeachment contained in the
resolution. Manual Sec. 606a; Deschler Ch 14 Sec. Sec. 8.8-8.10. The
resolution also is subject to a motion to lay on the table before
debate thereon. Deschler-Brown Ch 29 Sec. 1.15.
A wide range of debate is permitted on impeachment proposals, and
a Member may refer to the political, social, and even the familial
background of the accused. Deschler Ch 14 Sec. 8.5. However, Members
must abstain from language personally offensive. Manual Sec. 370.
Furthermore, Members must abstain from references to the personal
conduct of sitting Members of the House or Senate. Manual Sec. 370.
To a privileged resolution of impeachment, an amendment in the
motion to recommit proposing instead to censure (which is not
privileged) was held not germane. Manual Sec. 604.

[[Page 607]]

C. Procedure in the Senate

Sec. 9 . In General

The sole power to try impeachments is vested in the Senate under
the Constitution. U.S. Const. art. I, Sec. 3, cl. 6. On the day of the
trial, the Senate resolves itself into a court for the trial of the
impeachment. Deschler Ch 14 Sec. 11.5. The President of the Senate
presides over the trial, except in the case of the impeachment of the
President of the United States or the Vice President, in which case
the Chief Justice presides. Deschler Ch 14 Sec. 11. Upon organization
of the court, the managers appear and the trial of the case proceeds.
In the later practice, the resolution and articles of impeachment have
been considered together and exhibited simultaneously in the Senate by
the House managers. 6 Cannon Sec. Sec. 501, 515; Deschler Ch 14
Sec. 11. Objections to the articles of impeachment on the ground that
they duplicate and accumulate separate offenses have been overruled.
Deschler Ch 14 Sec. Sec. 3.4, 13.6.
For precedents relating to the conduct of Senate impeachments, see
S. Doc. 93-102, ``Procedure and Guidelines for Impeachment Trials in
the United States Senate.'' For a detailed description of the
impeachment trial against President Clinton, see Manual Sec. 608a.
The presentation of the evidence follows a traditional sequence.
The evidence against the accused is first presented by the managers.
Evidence in defense is then presented by the accused, and the
concluding evidence is presented by the managers. The accused is
permitted to testify in answer to the charges contained in the
articles. 6 Cannon Sec. Sec. 511, 524; Deschler Ch 14 Sec. 12.11.
Counsel are permitted to appear, to be heard, to argue on preliminary
and interlocutory questions, to deliver opening and final arguments,
to submit motions, and to present evidence and examine and cross-
examine witnesses. Deschler Ch 14 Sec. 12. House counsel did not
participate in the trial of President Clinton.
The use of a Senate committee in judicial impeachment proceedings
does not violate any constitutional rights or offend fundamental
notions of justice. Hastings v. United States Senate, Impeachment
Trial Committee, 716 F. Supp. 38 (D.D.C. 1989). In one recent case,
the court denied the claim of a former Federal judge that conviction
voted by the Senate on two articles of impeachment adopted by the
House was void because the judge was not afforded trial before the
``full'' Senate, rather than before a Senate committee. The court
ruled that the Senate's denial of the former judge's motion for
hearing before the full Senate, while according him the opportunity to
present and cross-examine witnesses before the 12-member committee,
and

[[Page 608]]

an opportunity to argue both personally and by counsel before the full
Senate, did not make the controversy justiciable or the claim
meritorious. Nixon v. United States, 744 F. Supp. 9 (D.D.C. 1990),
aff'd 938 F.2d 239 (D.C. Cir. 1991), aff'd 506 U.S. 224 (1993).
At the conclusion of the evidence, there is argument, followed by
deliberation by the Senate in executive session and a vote in open
session. Deschler Ch 14 Sec. 13. Before the vote, the proceedings may
be dismissed in the Senate on the advice of the House managers.
Deschler Ch 14 Sec. 2.2.

Sec. 10 . Voting and Judgment

Under the Constitution, a two-thirds vote of Senators present is
required to convict an accused on an article of impeachment. The
articles are voted on separately under the Senate rules. U.S. Const.
art. I, Sec. 3, cl. 6; Deschler Ch 14 Sec. 13. The yeas and nays are
taken on each article. 3 Hinds Sec. Sec. 2098, 2339. In some
instances, the Senate has adopted an order to provide a method of
voting and putting the question separately and successively on each
article. 6 Cannon Sec. 524; Deschler Ch 14 Sec. 13.2.
The Constitution provides for removal from office on conviction
and also allows the further judgment of disqualification from holding
further office. U.S. Const. art. I, Sec. 3, cl. 7. No vote is required
on removal following conviction, since removal follows automatically
from conviction under this constitutional provision. Deschler Ch 14
Sec. 13.9. However, the further judgment of disqualification from
holding future office requires a majority vote. Deschler Ch 14
Sec. 13.10. The Senate has held that a question on removal and
disqualification is divisible. 3 Hinds Sec. 2397; 6 Cannon Sec. 512.
The impeachment and removal from office of a Federal District
Judge did not necessarily disqualify him from holding office as a
Member of the House, absent any specific action taken by the Senate to
disqualify him from future Federal office. Waggoner v. Hastings, 816
F. Supp. 716 (S.D. Fla. 1993).

[[Page 609]]

CHAPTER 28
JOURNAL

HOUSE PRACTICE

Sec. 1. Generally; Publication
Sec. 2. Matters Entered in the Journal
Sec. 3. -- Votes and Quorum Calls
Sec. 4. Reading and Approval
Sec. 5. -- Precedence; Interruptions
Sec. 6. Motion That the Journal Be Read
Sec. 7. Reading Practices and Customs
Sec. 8. Motion to Approve
Sec. 9. Amendments and Corrections
Research References
U.S. Const. art. I, Sec. 5
4 Hinds Sec. Sec. 2726-2883
6 Cannon Sec. Sec. 623-637
Deschler Ch 5 Sec. Sec. 8-14
Manual Sec. Sec. 68-74a, 582, 583, 621, 902

Sec. 1 . Generally; Publication

The Journal is a record of the proceedings of each legislative day
in the House. The Journal--and not the Congressional Record--is the
official record of the proceedings of the House. Manual Sec. 582; 4
Hinds Sec. 2727. Certified copies thereof are admissible in judicial
proceedings. 28 USC Sec. 1736.
The Constitution requires the House to keep a Journal and publish
it excepting such matters as may require secrecy. U.S. Const. art. I,
Sec. 5. The purpose of this constitutional requirement is to ensure
that the proceedings of the House be a matter of public record.
Deschler Ch 5 Sec. 8.

Sec. 2 . Matters Entered in the Journal

The content of the Journal is governed by the Constitution, by
statute, and by the rules and practices of the House. Deschler Ch 5
Sec. 10. The Constitution sets forth the general requirement that the
``proceedings'' of the House be kept in the Journal. U.S. Const. art.
I, Sec. 5; Manual Sec. 68. It further

[[Page 610]]

specifies that the Journal reflect votes taken by the yeas and nays,
as well as veto messages from the President. U.S. Const. art. I,
Sec. 7. Since such matters are always entered in the Journal, no
motion or request to that effect is necessary. Sec. 3, infra; Deschler
Ch 5 Sec. 10.4. Except as limited by these constitutional
requirements, the House has the discretion to determine the content
and format of its Journal, and it controls the extent to which House
business is particularized therein. Deschler Ch 5 Sec. 10.

Exclusions

The Journal records House actions and proceedings. It is not a
verbatim transcript. Deschler Ch 5 Sec. Sec. 10.2, 10.3. It does not
include:

The rationale for, or all the circumstances attending, House
action. 4 Hinds Sec. Sec. 2811, 2812.
Verbatim accounts of debate and special-order speeches.
Deschler Ch 5 Sec. 10.3.
The deliberations of the Committee of the Whole, except for
recorded votes.
Unanimous-consent requests that meet with objection. Deschler
Ch 5 Sec. 10.2.
Motions that are not entertained. 4 Hinds Sec. Sec. 2813, 2844.
Parliamentary inquiries. 4 Hinds Sec. 2842.

Inclusions

Proceedings that are reflected in the Journal include:

Public bills, resolutions, and documents introduced and
referred under the rules, by number, title, and committee of
reference. Manual Sec. 816.
Private bills, petitions, and memorials introduced and
referred, with the exception of those measures of obscene or
insulting character. Manual Sec. 818.
The name of the Member introducing the measure, together with
the words ``by request,'' if appropriate. Deschler Ch 5
Sec. 10.7.
Special orders of business providing for the consideration of a
measure.
The disposition of measures called up for consideration in the
House or Committee of the Whole.
Questions of order arising during the proceedings of the
House. Manual Sec. 647.
Reports of committees delivered to the Clerk for printing and
reference, by title or subject. Manual Sec. 831.
Motions entertained by the Speaker--including motions to
amend--unless withdrawn on the same day. Manual Sec. Sec. 580,
902.
Motions to discharge when signed by the requisite number.
Manual Sec. 892.
The discharge of the Committee of the Whole from the further
consideration of a bill. Deschler Ch 5 Sec. 10.9.

[[Page 611]]

Presentation of conference reports and the disposition thereof.
Manual Sec. 542.
Messages from the Senate or from the President, including veto
messages. U.S. Const. art. I, Sec. 7; Manual Sec. 815.
Unanimous-consent requests agreed to by the House, and action
taken pursuant thereto.
The names of Members managing debate in the House under a
special order of business and the time allocated therefor.
Expungements from the Congressional Record ordered by the
House. Deschler Ch 5 Sec. 10.10.
Disciplinary censure of a Member pursuant to order of the
House. 2 Hinds Sec. 1251.
The time of adjournment. Manual Sec. 647.
Announcements by the Speaker of the whole number of the House.

Sec. 3 . -- Votes and Quorum Calls

The Constitution requires that votes taken by the yeas and nays be
entered in the Journal. U.S. Const. art. I, Sec. 5. The Journal also
records the result of other votes and states in general terms the
subject of those votes. 4 Hinds Sec. 2804. The Journal also discloses:

The names of those Members voting on each side of the question,
as well as those not voting, when a recorded vote is taken
pursuant to rule XX. Manual Sec. 1014.
The names of those Members recorded on a quorum call taken
pursuant to clause 2 of rule XX. Manual Sec. 1014.
The names of those Members recorded by tellers when the Speaker
directs a vote be taken by this procedure in lieu of the
electronic system. Manual Sec. 1019.
The names of those Members voluntarily appearing to be recorded
as present when a call of the House is conducted under clause 5
of rule XX. Manual Sec. 1021.
The names of those Members recorded as absent after a quorum
call. Manual Sec. 1019.
The names of those present sufficient to establish a quorum.
Manual Sec. 1020.

Sec. 4 . Reading and Approval

Pursuant to clause 1 of rule I, the Speaker is authorized to
announce the approval of the Journal. The Speaker's approval of the
Journal is deemed agreed to subject to a vote on demand of any Member.
Manual Sec. 621.

[[Page 612]]

Speaker: The Chair has examined the Journal of the last day's
proceedings and announces to the House [his] [her] approval thereof.
Pursuant to clause 1 of rule I, the Journal stands approved.
Member: M_. Speaker, pursuant to clause 1 of rule I, I demand a
vote on agreeing to the Speaker's approval of the Journal.
Speaker: The question is on agreeing to the Speaker's approval of
the Journal. Those in favor will say ``Aye,'' those opposed ``No.''
The `` __ '' have it.
Member: M_. Speaker, I ask for the Yeas and Nays . . . [or] . . .
I object to the vote on the ground that a quorum is not present and
make a point of order that a quorum is not present.

Since the approval of the Journal is legislative business and is in
order only in legislative sessions, it is not in order when the House
has precluded any legislative business during a pro forma session. 96-
2, Jan. 7, 1980, p 25. By unanimous consent, the House has also
precluded the approval of the Journal during morning-hour debates.

At one time, the reading of the Journal of each legislative day
was mandatory and could be dispensed with only by unanimous consent or
under suspension of the rules. 4 Hinds Sec. 2747; 6 Cannon Sec. 625.
Today, however, the Journal is considered as read after the Speaker's
approval thereof. Manual Sec. 621. However, if the Speaker's approval
is disagreed to, clause 1 of rule I authorizes one motion that the
Journal be read. Sec. 6, infra. When the reading is ordered, a motion
to amend the Journal is in order after the reading is completed.
Sec. 9, infra.
The Speaker's announcement of the approval of the Journal no
longer requires the presence of a quorum. Manual Sec. 621. However, if
a Member objects to a vote on the question of approval, reading, or
amendment of the Journal on the grounds that a quorum is not present,
and a quorum is not present, a record vote is automatic. Clause 6(a)
of rule XX. That vote may be postponed to a designated place within
the same legislative day under clause 8(a) of rule XX. The vote may
not be reconsidered under clause 1 of rule I.
Since the Journal is the official record of the proceedings of the
House, its approval is not subject to the requirement that it
correspond with the Congressional Record. Deschler Ch 5 Sec. 14.2. The
Journal is controlling in the event of a discrepancy between the
Journal and the Record. Deschler Ch 5 Sec. 8.1. There should be no
delay in the approval of the Journal merely because its description of
an action taken is inconsistent with the description of the same
matter in the Record. Deschler Ch 5 Sec. 14.2. The reading of the
Journal may not be interrupted by a request to correct the Record.
Deschler Ch 5 Sec. 12.23.

[[Page 613]]

Sec. 5 . -- Precedence; Interruptions

When the House convenes for a new legislative day, the approval of
the Journal is the first order of business after the daily prayer,
even if it is the second legislative day on the same calendar day.
Manual Sec. 869. It follows that the transaction of House business,
however highly privileged, is not in order before such approval.
Deschler Ch 21 Sec. 2.12. Thus, the approval of the Journal takes
precedence over reports from the Committee on Rules, as well as the
presentation of conference reports. Manual Sec. 1077; 6 Cannon
Sec. 630; Deschler Ch 5 Sec. 12.2. Similarly, motions incident to the
approval of the Journal, such as a motion to amend it, take precedence
over motions relating to the consideration of bills. Deschler Ch 5
Sec. 18.8. However, certain procedural matters are permitted to
intervene even though the approval of the Journal is pending. They
include:

Simple motions to adjourn. Deschler Ch 5 Sec. 12.3.
Administration of the oath to a Member-elect. Deschler Ch 5
Sec. 12.5.
Parliamentary inquiries. Deschler Ch 5 Sec. 12.15.
The reception of messages from the Senate (Deschler Ch 5
Sec. 12.12) or the President (Deschler Ch 5 Sec. 12.20).
Questions of privilege affecting the House collectively. 2
Hinds Sec. 1630.
Arraignments of impeachment. 6 Cannon Sec. 469.

The House may by unanimous consent specifically authorize that
certain proceedings be taken up prior to the Journal, or the Speaker
may declare a short recess under clause 12 of rule I. Deschler Ch 5
Sec. 12.8. The Speaker has the discretion to entertain unanimous-
consent requests made before the taking up of the Journal, but may
decline to do so if a reading thereof is pending. Deschler Ch 5
Sec. Sec. 12.9, 12.11.
Where the House adjourns on consecutive days without having
approved the Journal of the previous day's proceedings, the Speaker
puts each question de novo in chronological order as the first order
of business after the daily prayer on the subsequent day. Manual
Sec. 621.

Sec. 6 . Motion That the Journal Be Read

If the Speaker's approval of the Journal is disagreed to under
clause 1 of rule I, one motion that the Journal be read is in order:

Member: M_. Speaker, I move that the Journal be read.
Speaker: The question is, shall the Journal be read?

The motion is privileged but not debatable and may not be
reconsidered. Manual Sec. 621; Deschler-Brown Ch 29 Sec. 6.38.

[[Page 614]]

Sec. 7 . Reading Practices and Customs

Journal readings are conducted in accordance with the customs of
the House. Deschler Ch 5 Sec. 11.1. When the Clerk reads the Journal
for the previous day, the Clerk omits such matters as the names of
Members responding to record votes and the texts of messages received.
The reading of the Journal by the Clerk may be terminated by unanimous
consent. Deschler Ch 5 Sec. 11; 101-2, Mar. 19, 1990, p 4488. It also
may be suspended temporarily or waived in the event of disorder on the
floor or pending a discussion of the validity of the previous day's
adjournment. 2 Hinds Sec. 1630; 4 Hinds Sec. 2759. Members may,
however, demand that the Journal be read in full. Deschler Ch 5
Sec. 11.3.

Sec. 8 . Motion to Approve

A motion to approve the Journal is ordinarily unnecessary under
the modern practice of the House, because the Speaker is authorized
under clause 1 of rule I to examine it and announce approval thereof.
However, the Speaker's approval may be put to a vote on demand of a
Member. Manual Sec. 621. If the Speaker's approval is disagreed to,
and a reading of the Journal is completed, a motion that the Journal
be approved as read may be entertained:

Member [after the Clerk has concluded the reading of the Journal]:
M_. Speaker, I move that the Journal as read stand approved.
Speaker: The question is, shall the Journal of the last day's
proceedings stand approved?

If the motion to approve is adopted by the House, further motions
incident to the reading or correction of the Journal are out of order.
If the motion to approve is rejected by the House, the Journal is
subject to amendment unless the previous question is ordered. Sec. 9,
infra.
The motion to approve the Journal as read should be made when the
Clerk completes the reading, but the Speaker may entertain such a
motion, even though it interrupts the reading, in the absence of a
timely objection thereto. Deschler Ch 5 Sec. Sec. 14.3-14.6.
The motion to approve is debatable until the previous question is
ordered on that motion.
The motion to approve may be disposed of by the adoption of a
motion to lay on the table, even though the previous question has been
demanded on the motion to approve. Deschler Ch 5 Sec. 14.8. In such
cases the motion to table the motion to approve is entertained first.
Deschler Ch 5 Sec. 14.8.

[[Page 615]]

Sec. 9 . Amendments and Corrections

Errors or omissions in the previous day's Journal may be corrected
by motion or by unanimous consent:

Member [after obtaining recognition]: M_. Speaker, I move to amend
the Journal by inserting [or by striking or by striking and
inserting].

The Member offering the motion is recognized under the hour rule.
Manual Sec. 621. The motion to amend the Journal is in order after the
Journal has been read. The motion to amend is not in order after the
approval of the Journal by the House. The motion to amend takes
precedence over the motion to approve but will not be admitted after
the previous question on the motion to approve has been demanded.
Manual Sec. 621; Deschler Ch 5 Sec. Sec. 13.2, 13.3.

Matters extraneous to the Journal, such as an expression of an
opinion by a Member as to a ruling made by the Chair on the previous
legislative day, may not be offered by way of the motion to amend. 4
Hinds Sec. 2848.
The motion to amend is applicable only to the Journal of the
previous day. Corrections relating to a Journal of a prior legislative
day are made by unanimous consent. Deschler Ch 5 Sec. 13.
An amendment to the Journal, such as a motion to expunge a portion
thereof, should not be used as a substitute for a motion to
reconsider. 4 Hinds Sec. 2790. However, the House may decide what
constitutes its proceedings, even to the extent of omitting things
actually done or of recording things not done. Manual Sec. 71; 4 Hinds
Sec. 2784. None of the rulings on permissible amendments to correct
the Journal had the effect of collaterally changing the tabling of a
motion to reconsider. Manual Sec. 71.

[[Page 617]]

CHAPTER 29
LAY ON THE TABLE

HOUSE PRACTICE

Sec. 1. In General; Effect
Sec. 2. When in Order
Sec. 3. Precedence
Sec. 4. Application to Particular Propositions
Sec. 5. Application to Particular Motions
Sec. 6. Offering the Motion; Debate and Disposition
Sec. 7. Collateral Matters Carried to the Table
Sec. 8. Taking From the Table; Reconsideration
Research References
5 Hinds Sec. Sec. 5389-5442
8 Cannon Sec. Sec. 2649-2660
Deschler Ch 23 Sec. Sec. 9-13
Manual Sec. Sec. 445, 911, 914

Sec. 1 . In General; Effect

The motion to table (or, under the more formal terminology of
clause 4 of rule XVI, to ``lay on the table'') is used to summarily
and adversely dispose of a proposition pending in the House. Manual
Sec. 914; Deschler Ch 23 Sec. 9.1. The table referred to in rule XVI
is the Clerk's table, not the Speaker's table. 5 Hinds Sec. 5389
(note).
The language ``to lay on the table''--to the extent that it
implies that the tabled matter is only temporarily in abeyance--is
misleading. The motion is not used simply to put aside a pending
matter. The action of the House in adopting the motion to table a
proposition is equivalent to a final adverse disposition thereof, and
does not merely represent a refusal to consider it. Deschler Ch 23
Sec. 9.1; 95-2, Aug. 15, 1978, p 26204. In this respect the House
practice differs from general parliamentary usage, which permits the
use of the motion to temporarily suspend consideration of a matter.
Under the modern practice in the House, a tabling action is ordinarily
as much a final adverse decision as a negative vote on the passage of
a bill. 5 Hinds Sec. 6540 (note). With few exceptions, matters laid on
the table may

[[Page 618]]

be taken therefrom only by unanimous consent or by a motion to suspend
the rules. Sec. 8, infra. The pending proposition being disposed of
finally and adversely, the adoption of the motion may have the effect
of depriving a Member of the right to debate a proposition previously
offered. Deschler Ch 23 Sec. 9.2.
If the House rejects the motion to table a proposition, the
proposition is before the House for disposition. Deschler Ch 23
Sec. Sec. 9.19, 12.3. The rejection of a motion to lay on the table
does not constitute a ``decision'' on the underlying proposition;
thus, withdrawal of the proposition after such rejection is
permissible. 103-2, Mar. 17, 1994, pp 5402, 5403.

Sec. 2 . When in Order

The motion to table is in order only in the House and not in the
Committee of the Whole. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon
Sec. Sec. 2330, 2556a; Deschler Ch 23 Sec. Sec. 9.29, 9.30. It does
not apply to motions to go into the Committee of the Whole. 6 Cannon
Sec. 726. It is not applicable to propositions that are not debatable
or amendable, except a motion to discharge a resolution of inquiry.
Manual Sec. 914; 5 Hinds Sec. 5407.
A motion to table a proposition is in order after the proposition
is called up for consideration but before debate thereon. 95-2, July
13, 1978, p 20606; 98-2, Oct. 4, 1984, p 30042. The motion is in order
before the Member entitled to prior recognition for debate on the
pending proposition has begun debate. 5 Hinds Sec. Sec. 5393-5395; 6
Cannon Sec. 412; 8 Cannon Sec. 2649. The motion comes too late after
the Chair has put the question on the pending proposition and asked
for a vote. 96-1, Sept. 20, 1979, p 25512; cf. 109-2, June 22, 2006,
pp 12298, 12299. The motion is in order after the previous question
has been moved on the pending proposition but may not be made after
the previous question has been ordered or after the yeas and nays have
been ordered thereon. 5 Hinds Sec. Sec. 5408, 5415-5422; 8 Cannon
Sec. 2655; Deschler Ch 23 Sec. 9.

Sec. 3 . Precedence

Generally

Under the rule, the motion to table is preferential. Deschler Ch
23 Sec. Sec. 9, 11.2. It yields to the motion to adjourn and to the
question of consideration. Manual Sec. 911; 5 Hinds Sec. 4943;
Deschler Ch 23 Sec. 9. However, it enjoys precedence over the motions
for the previous question, to postpone, to refer, and to amend. Clause
4 of rule XVI; Manual Sec. 911. A motion to table a measure is thus of
higher privilege than a motion to refer the measure to a committee. 5
Hinds Sec. 5303; Deschler Ch 23 Sec. 12.5.

[[Page 619]]

As Related to the Motion for the Previous Question

Pending the ordering of the previous question on a proposition
that is under debate, the motion to table the proposition is
preferential and is voted on first. Manual Sec. 914; Deschler Ch 23
Sec. Sec. 9.11, 12.1. Although a motion to table is not in order after
the previous question has been ordered on a pending proposition, if
the previous question is voted down, the motion to table again becomes
in order and is preferential. 5 Hinds Sec. Sec. 5415-5422; Deschler Ch
23 Sec. Sec. 9.21, 12.2.

Sec. 4 . Application to Particular Propositions

Generally; Bills and Resolutions

The motion to table has been held specifically applicable to:

A House bill. 5 Hinds Sec. 5426.
A House bill with Senate amendments. 5 Hinds Sec. 6140.
A vetoed bill. 4 Hinds Sec. 3549.
A House resolution and an amendment thereto. 5 Hinds Sec. 6139.
A series of resolutions on a particular subject. 5 Hinds
Sec. 6138.
A privileged resolution. 95-2, July 13, 1978, p 20606.
A resolution proposing an impeachment or authorizing an
impeachment investigation. 6 Cannon Sec. 541; Deschler Ch 23
Sec. 9.14.
A resolution raising a question of the privileges of the House.
6 Cannon Sec. 560; Deschler Ch 23 Sec. 9.25.
A resolution to expel a Member. 94-2, Oct. 1, 1976, p 35111.
A resolution establishing a select committee. Deschler Ch 23
Sec. 9.22.
A resolution of inquiry adversely reported from committee.
Deschler Ch 23 Sec. 9.17.
A concurrent resolution providing for adjournment sine die.
Deschler Ch 23 Sec. 9.10.
An appeal from a decision of the Speaker. 8 Cannon Sec. 3453;
Deschler Ch 23 Sec. 9.3.
A privileged resolution from a party caucus or conference
electing Members to committees. Manual Sec. 914.

Special Orders of Business

Special orders of business reported from the Committee on Rules
and called up under clause 5 of rule XIII are not subject to the
motion to table, as clause 6 of rule XIII prohibits dilatory motions.
Manual Sec. Sec. 857, 914. However, after rejection of the previous
question, the motion to table has been applied to a resolution
providing a special order of business. Deschler Ch 23 Sec. 9.23.
The motion to table may not be applied to a resolution providing a
special order of business if the resolution is before the House under
the oper

[[Page 620]]

ation of the discharge rule, because such rule prohibits such
intervening motion. Deschler Ch 23 Sec. 9.28.

Conference Reports

In the later practice, the motion to table has not been applied to
conference reports because this would carry the entire bill and
amendments of the other House to the table and would leave no
opportunity for the House and Senate to have a second conference.
Manual Sec. 914; 5 Hinds Sec. Sec. 6539, 6540.

Sec. 5 . Application to Particular Motions

The motion to table is applicable to debatable motions for the
disposal of another matter, such as a motion to refer or a motion to
recede and concur in a Senate amendment in disagreement. Manual
Sec. 914; 5 Hinds Sec. 5433. The motion has been held specifically
applicable to:

A motion to postpone to a day certain. 8 Cannon Sec. Sec. 2654,
2657.
A motion to rerefer a bill to a committee. Deschler Ch 23
Sec. 9.12.
A motion to instruct conferees. Deschler Ch 23 Sec. Sec. 9.7,
9.8.
A motion to reconsider a vote. 8 Cannon Sec. Sec. 2652, 2659;
95-2, Apr. 20, 1978, p 10990.
A motion to discharge a resolution of inquiry (even though not
debatable). 5 Hinds Sec. 5407.
A motion for a secret session pursuant to clause 9 of rule XVII
(even though not debatable). 110-1, May 10, 2007, p 12177.

The motion to table may not be applied to a motion relating to the
order of business or to any motion that is neither debatable nor
amendable. Deschler Ch 23 Sec. Sec. 9.26, 9.27. The motion is
inapplicable to:

A motion for the previous question. 5 Hinds Sec. Sec. 5410,
5411.
A motion to dispose of measures on which the previous question
has been ordered. 8 Cannon Sec. Sec. 2653, 2655.
A motion to recommit made after the ordering of the previous
question, including a debatable motion to recommit with
instructions. Manual Sec. 1002a; 5 Hinds Sec. Sec. 5412-5414; 8
Cannon Sec. Sec. 2653, 2655.
A motion to dispense with further proceedings under a call of
the House. Deschler Ch 23 Sec. Sec. 9.26, 12.4.
A motion to go into the Committee of the Whole. 5 Hinds
Sec. 5404; 6 Cannon Sec. 726.
A motion limiting the time for debate. 5 Hinds Sec. 5403.
A motion to suspend the rules. Manual Sec. 886; 5 Hinds
Sec. Sec. 5405, 5406; Deschler Ch 23 Sec. 9.
A motion that when the House adjourn it stand adjourned until a
day and time certain. Manual Sec. 914.
A motion to adjourn. Manual Sec. 912.

[[Page 621]]

The motion to table may not be applied to a motion to discharge a
committee under clause 2 of rule XV unless the proposition before the
committee is a vetoed bill or a resolution of inquiry. Manual
Sec. 914; 5 Hinds Sec. 5407; 6 Cannon Sec. 415; Deschler Ch 23
Sec. Sec. 9.15, 9.16.

Sec. 6 . Offering the Motion; Debate and Disposition

Generally; Debate

The motion to table, although customarily made orally from the
floor, is subject to a timely demand that it be in writing. Deschler
Ch 23 Sec. 10.1.

Member: M_. Speaker, I move that the House lay the ____
[proposition] on the table.

The motion to table is not debatable. Clause 4 of rule XVI; Manual
Sec. 914; 5 Hinds Sec. 5301; 6 Cannon Sec. 412; 8 Cannon Sec. 2465;
Deschler Ch 23 Sec. 9.6. However, debate may be permitted by unanimous
consent. 98-2, Oct. 4, 1984, p 30042.

Disposition of Motion

It has been established that the motion to table:

May not be amended. Manual Sec. 914; 5 Hinds Sec. 5754.
May not be divided for a vote. 5 Hinds Sec. Sec. 6138-6140.
May be reconsidered pursuant to motion. 5 Hinds Sec. Sec. 5628,
5629, 6288; 8 Cannon Sec. 2785.
May be repeated after intervening business, but a call of the
House alone is not considered sufficient intervening business.
5 Hinds Sec. Sec. 5398-5401.

Sec. 7 . Collateral Matters Carried to the Table

A bill or other proposition may be carried to the table when the
House votes to table a proposal that is closely related thereto. Thus,
when a proposed amendment to a pending measure is tabled, the pending
measure also goes to the table. 5 Hinds Sec. Sec. 5423, 5424; 8 Cannon
Sec. 2656. This rule is applied even where a Senate amendment to a
House bill is tabled. 5 Hinds Sec. 5424. The tabling of a bill has
been held to result in the tabling of a pending motion to print the
bill. 5 Hinds Sec. 5426. The tabling of a proposal, however, will not
result in the tabling of a connected matter unless it is directly

[[Page 622]]

and intimately related thereto. 8 Cannon Sec. 2658. It has been held,
for example, that:

The tabling of an amendment to the Journal does not carry the
Journal to the table. 5 Hinds Sec. Sec. 5435, 5436.
The tabling of a proposition for adverse disposition of a
pending matter does not carry to the table the matter proposed
to be disposed of. 8 Cannon Sec. 2660.
The tabling of a motion to reconsider a vote does not carry
with it the proposition voted on. 8 Cannon Sec. Sec. 2652,
2659.
The tabling of a motion to instruct conferees does not carry
with it the bill in disagreement. 8 Cannon Sec. 2658.
The tabling of a resolution providing for the termination of
impeachment proceedings does not carry with it such
proceedings. 6 Cannon Sec. 538.
The tabling of a preamble does not carry with it accompanying
resolutions already agreed to. 5 Hinds Sec. 5430.
The tabling of a resolution does not take with it a connected
resolution already agreed to. 5 Hinds Sec. 5428.
The tabling of a motion to receive a petition does not carry
the petition with it. 5 Hinds Sec. Sec. 5431-5433.
The tabling of an appeal from a decision of the Speaker on a
question of order does not carry with it the matter that was
pending when the question of order arose. 5 Hinds Sec. 5434.
The tabling of a motion to postpone consideration of a Senate
amendment does not carry with it pending motions for
disposition of the amendment. 8 Cannon Sec. 2657.

A motion to refer or a motion to recede and concur in a Senate
amendment in disagreement may be laid on the table without carrying
the pending matter to the table because other motions remain available
for disposition of the pending amendment. Manual Sec. 914.

Sec. 8 . Taking From the Table; Reconsideration

A matter once laid on the table may be taken therefrom only by
suspension of the rules (or similar process) or by unanimous consent
unless it is a matter of privilege. Manual Sec. 445; 5 Hinds
Sec. 6288; Deschler Ch 23 Sec. Sec. 13.1, 13.2. Such matters of
privilege include questions of privilege (5 Hinds Sec. Sec. 5438,
5439), propositions to impeach (3 Hinds Sec. 2049), and bills vetoed
by the President (5 Hinds Sec. 5439). An affirmative vote on a motion
to table may be reconsidered pursuant to a timely motion therefor. 5
Hinds Sec. 5628; 8 Cannon Sec. 2785.
Moreover, a measure that has been tabled by the House may be
presented again in similar but not identical form. 4 Hinds Sec. 3385.
However, under modern practice, a tabled resolution raising a question
of the privi

[[Page 623]]

leges of the House (even where the motion to reconsider that vote was
laid on the table), may be offered again in identical form on a
subsequent day if still constituting a question of privilege. Manual
Sec. 713; 104-1, Nov. 17, 1995, p 33846.

[[Page 625]]

CHAPTER 30
MESSAGES BETWEEN THE HOUSES

HOUSE PRACTICE

Sec. 1. In General; Uses
Sec. 2. Reception of Messages
Sec. 3. Messages Relating to Bills
Sec. 4. Errors; Lost Documents
Research References
5 Hinds Sec. Sec. 6590-6662
8 Cannon Sec. Sec. 3333-3353
Deschler-Brown Ch 32 Sec. Sec. 1, 2
Manual Sec. Sec. 330, 560-569, 873, 874

Sec. 1 . In General; Uses

The House of Representatives and the Senate communicate and
coordinate their activities by sending formal messages to each other.
These messages between the two Houses constitute the sole source of
official information regarding actions taken by the other House. 8
Cannon Sec. Sec. 3342, 3343. The Chair does not take public notice of
the proceedings of the Senate unless they are formally brought to the
attention of the House by message from the Senate. Deschler-Brown Ch
32 Sec. 2.14.
Messages between the House and Senate are used for a variety of
legislative purposes:

To indicate the final disposition by one House of a bill
originating in the other.
To convey the official papers accompanying a bill from one
House to the other.
To transmit the action of one House on an amendment of the
other.
To request the return of a bill.
To convey information relating to a committee of conference
and a report relating thereto.
To transmit information relating to the election of an officer
and other organizational matters.
To indicate House or Senate action on a vetoed bill.
To convey information or documents relating to an impeachment
proceeding or electoral count.

[[Page 626]]

To dispose of questions regarding a breach of privilege by one
House against the other.

Such messages also have been used on rare occasions to transmit or
exchange confidential information between the two Houses. 5 Hinds
Sec. 5250.
The Clerk or a subordinate delivers the messages of the House to
the Senate. Senate messages are delivered to the House by the
Secretary of the Senate or a subordinate. 5 Hinds Sec. 6592.

Sec. 2 . Reception of Messages

The refusal of one House to receive a message from the other is a
breach of the practice of comity between the two Houses. Deschler-
Brown Ch 32 Sec. 1.3. The reception of a message from the Senate is a
highly privileged matter and may interrupt the consideration of a
bill, even though the previous question has been ordered thereon.
Deschler-Brown Ch 32 Sec. 1.4; 5 Hinds Sec. 6602. Messages are
received during debate, the Member having the floor yielding at the
request of the Speaker. Manual Sec. 561. Such a message may be
received in the absence of a quorum and pending a motion for a call of
the House. Manual Sec. 562; 8 Cannon Sec. 3339. The Speaker may
receive the message even before the approval of the Journal. Manual
Sec. 562.
A message from the Senate may not be received when the House is in
the Committee of the Whole, but the Committee may rise (formally or
informally) to permit the reception of such messages. Manual Sec. 564.
Whereas it was formerly the custom to transmit messages only when
both Houses were sitting (5 Hinds Sec. Sec. 6601, 6602), the present
practice permits the reception of messages regardless of whether the
other House is in session (8 Cannon Sec. 3338). Clause 2(h) of rule II
permits the reception by the Clerk of messages from the President or
Senate notwithstanding the recess or adjournment of the House.

Sec. 3 . Messages Relating to Bills

Generally

The House ordinarily does not take formal notice of Senate action
on bills until such action has been communicated in the normal
parliamentary manner. 3 Hinds Sec. 2656; Manual Sec. 528a; but see
100-1, Dec. 11, 1987, p 35049.
Messages from the Senate concerning House bills with Senate
amendments or Senate bills that require action by the Committee of the
Whole go to the Speaker's table and may be referred to the appropriate
standing committees in the same manner as public bills introduced in
the House.

[[Page 627]]

Manual Sec. 873. Those which do not require consideration in the
Committee of the Whole may be laid before the House for consideration
pursuant to clause 2 of rule XIV. Manual Sec. 874; see Senate Bills;
Amendments Between the Houses.
Senate messages giving notice of measures passed or approved are
entered in the Journal and published in the Congressional Record.
Manual Sec. 815.

Requests for the Return of a Bill

A message from the Senate requesting that the House return a bill
must be presented to the House for consideration. Deschler-Brown Ch 32
Sec. 2.9. A request of the Senate for the return of a bill to correct
an error is treated as privileged in the House and may be disposed of
by unanimous consent or by motion. Manual Sec. 565. When a request of
the Senate for the return of a bill is treated as privileged, the
Chair may immediately put the question on the request without debate.
Deschler-Brown Ch 32 Sec. 2.8. The House may by unanimous consent
agree to a request of the Senate for the return of a Senate bill even
where the bill has been referred to a House committee. Deschler-Brown
Ch 32 Sec. 2.2. A request of the House for return of a bill messaged
to the Senate is not privileged where no error is involved, as it
cannot be a substitute for reconsideration. The House by unanimous
consent agreed to a request from the Senate for the return of a Senate
bill, to the end that the Senate effect a specified (substantive)
change in its text. Manual Sec. 565. For a discussion of
reconsideration of a vote, see Reconsideration.

Sec. 4 . Errors; Lost Documents

A proposition to correct an error in a message by one House to the
other presents a question of privilege. 3 Hinds Sec. 2613. One House
may correct an error in its message to the other, the receiving House
concurring in the correction. 5 Hinds Sec. 6607. If the Clerk of the
House or Secretary of the Senate commits an error in delivering a
messaged document, such officer may be directed to correct it. In one
instance, where the Secretary had delivered only one of two Senate
amendments to a House bill, the mistake was not discovered until after
the House had disagreed to the Senate amendment. The Senate then
directed the Secretary to correct the mistake, the correction was
received, and the House acted on the two amendments de novo. 5 Hinds
Sec. 6590. In another instance, where a figure was changed in the
enrolling process in the Senate after the House had concurred in a
Senate amendment and cleared the measure for the President, a
concurrent resolu

[[Page 628]]

tion ratifying such enrollment was agreed to by the Senate (but not
taken up in the House). 109-2, S. Con. Res. 80, Feb. 8, 2006, pp 1208,
1209.
Where an official document intended for delivery to the Senate is
lost and cannot be retrieved, the preparation of official duplicates
thereof may be provided for pursuant to concurrent resolution. Such
resolutions are privileged for consideration. In such cases the Clerk
attests to the authenticity of an existing printed copy or duplicate
original. Manual Sec. 704.

[[Page 629]]

CHAPTER 31
MORNING HOUR; CALL OF COMMITTEES

HOUSE PRACTICE

Sec. 1. In General; Place in Order of Business
Sec. 2. Procedure; Business Considered
Sec. 3. Duration; Interruption or Termination
Research References
4 Hinds Sec. Sec. 3118-3141
6 Cannon Sec. Sec. 751-755; 7 Cannon Sec. 944
Deschler Ch 21 Sec. 4
Manual Sec. Sec. 869, 880, 881, 951

Sec. 1 . In General; Place in Order of Business

Generally

The morning hour call of committees under clause 4 of rule XIV is
a rarely-used procedure for calling up for consideration in the House
bills that have been reported by committees and that are on the House
Calendar. Manual Sec. 880. Other avenues that are more frequently used
for this purpose are special orders of business from the Committee on
Rules; suspension of the rules; unanimous-consent agreements; and,
historically, Calendar Wednesday (all of which are discussed under
separate titles in this work). Because of the availability of these
more effective procedures, and because most reported bills are
referred to the Union Calendar, the morning hour call has become
largely obsolete. Deschler Ch 21 Sec. 4. However, since the demise of
the Consent Calendar in the 104th Congress and the Corrections
Calendar in the 109th Congress, the morning hour call of committees
remains an alternative to motions to suspend the rules as a way of
disposing of relatively noncontroversial bills on the House Calendar.

Morning-hour Debate Distinguished

In the 103d Congress the House established a procedure for
``morning-hour debates.'' Manual Sec. 951. Under this practice, which
is permitted by a standing order adopted by unanimous consent each
Congress, the House meets before the regular convening hour on certain
legislative days to entertain up to five-minute speeches from lists
submitted by the Majority and Minority Leaders. Generally, no business
is permitted during such periods. See Consideration and Debate for
further discussion of this practice.

[[Page 630]]

Calendar Wednesday Distinguished

Unprivileged measures on the House or Union Calendar may be
considered when committees are called alphabetically under the
Calendar Wednesday rule. Clause 6 of rule XV. Before the 111th
Congress, Calendar Wednesday was routinely dispensed with by unanimous
consent. The rule now contains a notice requirement, and without such
notice, the call of Committees does not occur. Manual Sec. 900; see
also Calendar Wednesday.

Order of Morning Hour Business; Precedence

The morning hour is listed seventh in the rule governing the order
of business in the House, coming just after ``unfinished business.''
Clause 1 of rule XIV. A bill once brought up on the morning hour call
continues before the House in that order of business until disposed
of, unless withdrawn by authority of the committee with jurisdiction
over the bill. 4 Hinds Sec. 3120. Such withdrawal must occur before
amendment or other House action on the bill. 4 Hinds Sec. 3129. Once
consideration of the bill has begun under the morning hour rule, the
House may not on motion postpone its further consideration to a day
certain. 4 Hinds Sec. 3164. However, other more highly privileged
matters, such as a privileged report from the Committee on Rules, may
intervene. 4 Hinds Sec. 3131.

Sec. 2 . Procedure; Business Considered

Generally

The morning hour rule provides that, after the disposition of
unfinished business, the Speaker shall call each standing committee,
``in regular order,'' followed by select committees. Clause 4 of rule
XIV. This rule is interpreted to mean that committees are to be called
seriatim in the order in which they are listed in rule X. 6 Cannon
Sec. 751. Each committee, when named, may then call from the House
Calendar a bill it has previously reported. Clause 4 of rule XIV.
Bills called up under this procedure are debated under the hour rule,
with debate being confined to the bill under consideration. Deschler
Ch 21 Sec. 4.2.

Business Considered During the Morning Hour

In the early practice the morning hour was used for the reception
of reports from committees. 4 Hinds Sec. 3118. In 1890 the rule was
amended so as to devote the morning hour to ``any bill'' on the House
Calendar reported by a committee ``on a previous day.'' Manual
Sec. 880. Thus, the bill must actually be on the House Calendar, and
properly there, in order to be con

[[Page 631]]

sidered; a bill on the Union Calendar may not be brought up during the
morning hour call of committees. 4 Hinds Sec. Sec. 3122-3126; 6 Cannon
Sec. 753.

Committee Authorization

A Member calling up a bill under the morning hour rule must be
authorized to do so by the committee reporting the bill. Deschler Ch
21 Sec. 4.2. In the event of a dispute as to whether committee
authorization was in fact granted, the Speaker may decline to resolve
the matter on the ground that such an issue gives rise to a question
of fact to be resolved by the committee. 4 Hinds Sec. 3127. The
Speaker may, however, rule on the question of authorization based on
statements by the chair and other members of the reporting committee.
4 Hinds Sec. 3128.

Sec. 3 . Duration; Interruption or Termination

Generally

The term ``morning hour'' is to some extent misleading, since,
under the modern rule, the call of committees does not necessarily
terminate in one hour. 4 Hinds Sec. 3119. Morning hour does not
terminate until the call is exhausted, until the House adjourns or
votes to go into Committee of the Whole, or until other privileged
matter intervenes. Manual Sec. Sec. 881-883; 4 Hinds Sec. 3131. Under
the modern practice, privileged business is always available to
obviate morning hour business. After the intervening business is
concluded, the morning hour call of committees is resumed unless the
House adjourns. 4 Hinds Sec. 3133.

Motions to go into Committee of the Whole

House rules permit the interruption of the morning hour call of
committees by a motion to go into Committee of the Whole. Clause 5 of
rule XIV; see Committees of the Whole. Under this rule, the motion
lies ``after one hour'' of the call of committees, and may be made for
the purpose of taking up a particular bill. Manual Sec. 882. The
motion may interrupt the call of committees after the expiration of
one hour and may be made even sooner if the call of committees is
exhausted before the hour expires. 4 Hinds Sec. Sec. 3131, 3141.
Before expiration of the hour, the Speaker has declined to permit
the call to be interrupted by a committee report or by a unanimous-
consent request to consider a bill that is not on the House Calendar.
4 Hinds Sec. Sec. 3130, 3132.

[[Page 633]]

CHAPTER 32
MOTIONS

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Form; Reading of Motion
Sec. 3. Recognition to Offer
Sec. 4. Dilatory Motions
Sec. 5. Withdrawal; Reoffering
Research References
5 Hinds Sec. Sec. 5300-5358
8 Cannon Sec. Sec. 2609-2640
Deschler Ch 23
Manual Sec. Sec. 460, 902-905

Sec. 1 . In General

Most motions that are used in the House are specifically provided
for by House rule. They are governed by separate procedural
requirements, serve different purposes, and are treated under separate
titles elsewhere in this work, such as Adjournment; Lay on the Table;
Postponement; Previous Question; Reconsideration; Refer and Recommit;
and Suspension of Rules.
Motions must also conform to certain common procedural
requirements; for example, a Member offering a motion must seek
recognition and address the Chair. Sec. 3, infra. Although recognition
for a motion is always at the Speaker's discretion, the Speaker will
ordinarily be bound to entertain any motion that is in order under the
rules of the House and in accordance with its parliamentary practices.
4 Hinds Sec. 3550; see also Recognition. Where a motion not in order
under the rules of the House is, by unanimous consent, considered and
agreed to, it controls the procedure of the House until carried out,
unless the House takes affirmative action to the contrary. Deschler Ch
23 Sec. 1.1.

Sec. 2 . Form; Reading of Motion

Under clause 1 of rule XVI, a motion entertained in the House or
in the Committee of the Whole must be reduced to writing if demanded
by a Member. If offered in the House, the motion is entered on the
Journal unless withdrawn on the same day. Manual Sec. 902. Not every
motion is in

[[Page 634]]

writing when proposed. When a point of order is raised, the Chair may
give the proponent an opportunity to reduce the motion to writing
before putting the question thereon. Manual Sec. 902.
Clause 2 of rule XVI requires that a motion be stated by the
Speaker or read by the Clerk before it can be debated. Manual
Sec. 904; 5 Hinds Sec. 4937. The Clerk's reading may be dispensed with
only by unanimous consent or special order of business. Manual
Sec. 904.
Where there is a misunderstanding about the wording of a pending
motion, the Chair may restate the motion. However, it is not in order
to ask that the motion be rereported by the Clerk except by unanimous
consent. Deschler Ch 23 Sec. Sec. 2.4, 2.5. If there is doubt, the
motion voted on is the motion as stated by the Chair in putting the
question and not as stated by the Member in offering the motion.
Deschler Ch 23 Sec. 2.3.

Sec. 3 . Recognition to Offer

A Member may not offer a motion without seeking recognition and
addressing the Chair. Manual Sec. Sec. 394, 945. A Member desiring to
offer a motion must actively seek recognition from the Chair before
another motion to dispose of the pending question has been adopted.
Clause 2 of rule XVII states: ``When two or more Members, Delegates,
or the Resident Commissioner rise at once, the Speaker shall name the
Member, Delegate, or Resident Commissioner who is first to speak. . .
.'' Manual Sec. 949.
A motion is not pending until the Chair has recognized its
proponent thereon. For this reason, the Chair often asks ``For what
purpose does the gentle___ rise?'' when a Member seeks recognition. By
this question the Chair determines whether the Member proposes a
motion that is entitled to precedence. Manual Sec. 953; 2 Hinds
Sec. 1464; 6 Cannon Sec. Sec. 289-291, 293. As a proper exercise of
the Speaker's discretion, there is no appeal from such denial. Manual
Sec. 953; 6 Cannon Sec. 292; 8 Cannon Sec. Sec. 2429, 2646, 2762.
In certain rules the Chair's discretion in recognition is
explicitly stated. In clause 7(b) of rule XX, the Speaker may
recognize a Member to move a call of the House at any time; and
further proceedings under a call are considered as dispensed with
``unless the Speaker recognizes for a motion'' to compel attendance of
absentees. In clause 4 of rule XVI, the motion that the Speaker be
authorized to declare a recess or the motion to set the day's
adjournment to a day and time certain is entertained ``in the
discretion of the Speaker.'' Other motions in rule XVI are given a
precedence under the rules that the Chair must acknowledge.
The Member in charge of the pending bill is entitled at all stages
to prior recognition for allowable motions intended to expedite the
bill. 2

[[Page 635]]

Hinds Sec. 1457; 6 Cannon Sec. Sec. 300, 301. However, the fact that a
Member has the floor on one matter does not necessarily entitle such
Member to prior recognition on a motion relating to another matter. 2
Hinds Sec. 1464. Except when a Member in charge of a measure occupies
the floor in debate, such Member must yield to Members proposing
preferential motions. 5 Hinds Sec. Sec. 5391-5395. Ordinarily, when an
essential motion made by the Member in charge is decided adversely,
the right to prior recognition passes to the Member leading the
opposition to the motion. Deschler Ch 23 Sec. 1.2; see also
Recognition. As to precedence among particular motions, see motions
listed in Sec. 1, supra.

Sec. 4 . Dilatory Motions

Clause 1 of rule XVI, which was adopted in 1890, states that ``a
dilatory motion may not be entertained by the Speaker.'' Manual
Sec. 902. The Speaker may decline to entertain such motions on his or
her own initiative or on a point of order from the floor. 5 Hinds
Sec. Sec. 5715-5722.
Hinds has said that a motion must be made manifestly for delay in
order to justify its rejection as dilatory. 5 Hinds Sec. 5714. Yet the
determination of whether a motion is dilatory is entirely within the
discretion of the Chair. Deschler Ch 23 Sec. 4.1. Indeed, the Speaker
determines a question of dilatoriness not necessarily by the length of
time at issue or the character of the underlying business. Rather, the
Speaker determines whether under the circumstances the motion is made
with intent to delay the business of the House. 8 Cannon Sec. 2804.
The Speaker may decline to entertain debate or an appeal on a
question as to the dilatoriness of a motion if to do so would defeat
the object of the rule. 5 Hinds Sec. 5731. For discussion of dilatory
motions pending consideration of a report from the Committee on Rules,
see Manual Sec. 857. For the rule prohibiting offering of dilatory
motions during consideration of certain measures, see Manual
Sec. Sec. 857, 858.

Sec. 5 . Withdrawal; Reoffering

Generally

A motion having been made, clause 2 of rule XVI places it in the
possession of the House but permits its withdrawal at ``any time
before a decision or amendment thereon.'' Manual Sec. 904. This rule
is interpreted to mean that a motion may be withdrawn in the House as
a matter of right unless the House has taken some action thereon, such
as a motion for the previous question or the ordering of the previous
question. Manual Sec. 905; 5 Hinds Sec. Sec. 5355, 5489; Deschler Ch
23 Sec. 1. The House does not vote on the with

[[Page 636]]

drawal of the motion, if timely. Manual Sec. 460. Unanimous consent is
not required if withdrawal occurs before a decision is made on the
motion as offered or there is an amendment thereof. Deschler Ch 23
Sec. 2.7.
A motion may be withdrawn although an amendment may have been
offered to the motion and be pending. 5 Hinds Sec. 5347; 8 Cannon
Sec. 2639. A motion may be withdrawn before action thereon even though
it is under consideration as unfinished business postponed from the
preceding day. 95-1, June 17, 1977, p 19693.
Action by the House that will preclude withdrawal of a motion
includes the ordering of the yeas and nays on the motion. 5 Hinds
Sec. 5353. Unanimous consent to withdraw the motion is required where
the yeas and nays have been ordered. Deschler Ch 23 Sec. 2.9. However,
a motion may be withdrawn after a voice and a division vote thereon
where the Chair has not announced the result and where another type of
vote might be had on the motion. The Chair may decline to permit a
withdrawal while counting a vote. Manual Sec. 905; 96-1, Nov. 13,
1979, p 32185.

Modification of Motion; Reoffering

A Member having the right to withdraw a motion before a decision
thereon has the resulting power to modify the motion (as by
withdrawing and offering a modified form). 5 Hinds Sec. 5358. However,
the proponent does not necessarily have the right to reoffer the
motion, especially where it is a secondary motion under clause 4 of
rule XVI; such motions may properly be offered only at the times
designated by the rule. Deschler Ch 23 Sec. 1.
For withdrawal of particular motions and withdrawal of amendments,
see Amendments and Withdrawal.

[[Page 637]]

CHAPTER 33
OATHS

HOUSE PRACTICE

Sec. 1. In General; Administering the Oath of Office
Sec. 2. Absent Members and the Oath; Use of Deputies
Sec. 3. Challenging the Right To Be Sworn
Sec. 4. Oath Relating to Classified Information
Research References
U.S. Const. art. I, Sec. 5; art. VI, cl. 3
1 Hinds Sec. Sec. 6-22
Deschler Ch 2 Sec. Sec. 5, 6
Manual Sec. Sec. 197-206

Sec. 1 . In General; Administering the Oath of Office

Generally

The Constitution requires that every Senator and every
Representative swear or affirm to support the Constitution of the
United States. U.S. Const. art. VI, cl. 3. Clause 1 of rule II carries
the same requirement for elected officers. For administration of the
oath to officers, see Officers and Offices. The form of the oath and
the procedure for its administration are regulated by statute. 2 USC
Sec. 25. Form of oath, see 5 USC Sec. 3331 and Manual Sec. 197.
Until a Member-elect has subscribed to the oath, such individual
does not enjoy all the rights and prerogatives of a Member of
Congress. Deschler Ch 2 Sec. 2.1. Members who have not taken the oath
are not entitled to vote or to introduce bills. Manual Sec. 300; 8
Cannon Sec. 3122. However, unsworn Members have participated at the
beginning of a session in organizational business, such as the
election of the Speaker. 1 Hinds Sec. 224. Where two unsworn Members
participated in more than mere organizational business, the House
later ratified (by simple resolution) certain actions after the
administration of the oath to Members-elect en masse. 112-1, Jan. 7,
2011, p __. Although a Member has been named to a committee before
taking the oath, under the modern practice the election of such a
Member to a standing committee may be made effective only upon being
sworn. 4 Hinds Sec. 4483; 106-1, H. Res. 6, Jan. 6, 1999, pp 235-37.
In the early practice of the House, it was the custom to
administer the oath by State delegations. Beginning with the 71st
Congress, however,

[[Page 638]]

Members-elect have been sworn in en masse. 6 Cannon Sec. 8. Under this
practice the Speaker administers the oath of office to all Members-
elect at one time on opening day, although a Member-elect whose right
to take the oath has been challenged may be asked to stand aside.
Manual Sec. 203. A Member-elect who does not take the oath of office
on opening day may appear later in the well, in response to the
Speaker's invitation, and take the oath. Deschler Ch 2 Sec. 5.14. The
Speaker also administers the oath to Delegates-elect, the Resident
Commissioner from Puerto Rico, and Members-elect elected to fill
vacancies. Deschler Ch 2 Sec. Sec. 3.6, 5.

Credentials as Basis for Taking the Oath

Although the Clerk will not as a general rule enroll Members-elect
who appear without certificates of election, the House itself may
authorize, by unanimous consent, the administration of the oath to
Members-elect who appear without appropriate formal credentials. 1
Hinds Sec. Sec. 162-168, 553-564; Deschler Ch 2 Sec. 3.5. For example,
a Member-elect may be sworn on the basis of letters or telegrams from
the executive department of the State of representation, attesting to
the results of the election. Deschler Ch 2 Sec. Sec. 3.1-3.4. The
House may authorize the administration of the oath where credentials
have not yet arrived, pursuant to a statement by another Member-elect
or a State official that the election in issue is neither contested
nor questioned. Deschler Ch 2 Sec. 3. Unofficial State communications,
including faxes and electronic scans, declaring the results of the
election may be laid before the House before the unanimous-consent
request for the administration of the oath. Deschler Ch 2 Sec. 3.4.

Authorization by Resolution

The administration of the oath may be authorized by resolution
after a challenge to the right to be sworn has been made. Such
resolutions have included provisions collateral to the actual
administration of the oath, such as a condition that the final right
to the seat be referred to the Committee on House Administration.
Deschler Ch 2 Sec. 5.

Failure or Refusal to Take the Oath

Members-elect entitled to take the oath may decline it by
resigning before taking a seat, because membership cannot be imposed
on one without one's consent. 2 Hinds Sec. Sec. 1230-1234. A Member-
elect may be permitted to defer taking the oath, without declining the
seat, until such time as questions regarding the requisite
qualifications are resolved. Deschler Ch 2 Sec. 5. However, where a
Member-elect fails to appear to take the oath, the House may

[[Page 639]]

provide by resolution that, if such Member-elect fails to appear to
take the oath by a certain date, the seat will be declared vacant.
Deschler Ch 2 Sec. 5.7.
In the 97th Congress, the House, by majority vote, declared vacant
a seat where the Member-elect was unable to take the oath because of
an incapacitating illness. In that case, the medical prognosis showed
no likelihood of improvement. The constitutional basis for the
declaration of the vacancy by majority vote was not expressly stated
in the resolution. Nevertheless, the power of the House under article
I, section 5 of the Constitution to judge the qualifications of its
Members by majority vote has been justified by the Supreme Court. In
Powell v. McCormack, 395 U.S. 486, 520 (1969), the Court stated in a
footnote that in addition to age, citizenship, and inhabitancy, the
article VI requirement for taking the oath could be argued to be a
qualification.

Precedence

The administration of the oath is a matter of high privilege.
Manual Sec. 201. The oath may be administered before the reading of
the Journal and takes precedence of a motion to amend the Journal. 1
Hinds Sec. 171. It has been held in order to administer the oath in
the absence of a quorum, during a roll call, and on Calendar
Wednesday. Manual Sec. Sec. 200, 201; 1 Hinds Sec. 174; 6 Cannon
Sec. 22. The administration of the oath is in order even after the
previous question has been ordered on a pending matter. Deschler Ch 2
Sec. 5.17. Debate on a resolution reported from the Committee on Rules
may be interrupted to allow a new Member to take the oath of office.
Deschler Ch 2 Sec. 5.18.
The Act of June 1, 1789, provides that on the organization of the
House, and previous to entering on any other business, the oath shall
be administered by any Member (generally the Member with longest
continuous service) to the Speaker and by the Speaker to the other
Members and Clerk (when elected). Manual Sec. 198; 2 USC Sec. 25; 1
Hinds Sec. Sec. 130, 131; 6 Cannon Sec. 6. The Act was cited by the
Clerk in recognizing for nominations for Speaker as being of higher
constitutional privilege than a resolution to postpone the election of
a Speaker and instead provide for the election of a Speaker pro
tempore pending the disposition of certain ethics charges against the
nominee of the majority party. Manual Sec. 198.

Sec. 2 . Absent Members and the Oath; Use of Deputies

The Speaker, or a deputy named by the Speaker, may be authorized
by resolution to administer the oath of office to a Member-elect
absent because of illness or because of some illness in the family.
Deschler Ch 2 Sec. Sec. 5.8-5.12. The resolution may authorize the
administration of the oath at some

[[Page 640]]

location other than the House. 1 Hinds Sec. 170; 6 Cannon Sec. 14.
Persons who may be designated by the Speaker to administer the oath to
an absent Member-elect include another Member (Deschler Ch 2
Sec. 5.10), a State or county judge (Deschler Ch 2 Sec. 5.11), or a
Federal district court judge (105-1, Feb. 4, 1997, p 1381). The deputy
so designated reports thereon to the House, which report may take the
form of a letter. Deschler Ch 2 Sec. Sec. 5.8, 5.10, 5.12.

Sec. 3 . Challenging the Right To Be Sworn

Generally

Any Member-elect may challenge the right of any other Member-elect
to be sworn when the Speaker directs the Members-elect to rise to take
the oath of office. Manual Sec. 202; Deschler Ch 2 Sec. 6. The fact
that the challenging party has not been sworn is no bar to such
individual's right to invoke this procedure. 1 Hinds Sec. 141.
Challenging parties must base the challenge either on their own
responsibility as a Member-elect or on specified facts or documents.
Deschler Ch 2 Sec. 6.2. Such challenges are generally directed at a
single Member-elect, but in several instances the challenge has been
directed against an entire State delegation. 1 Hinds Sec. Sec. 457,
460-462; Deschler Ch 2 Sec. 6.4. The authority to challenge the right
of a Member-elect to be sworn is based on the Constitution, which
designates the House as the sole judge of the elections, returns, and
qualifications of Members. U.S. Const. art. I, Sec. 5, cl. 1. See
generally Election of Members. See also Manual Sec. Sec. 202-203.

Procedure

When a challenge is proposed, the Speaker asks the challenged
Member not to rise to take the oath with the rest of the membership en
masse. The House, and not the Speaker, determines the action to be
taken in such cases. Manual Sec. 199; Deschler Ch 2 Sec. 6.1. Debate
on the right of the Member-elect to be sworn is not in order until
after the remaining Members have been sworn. Deschler Ch 2 Sec. 6.3.
The pendency of a challenge does not preclude the entertainment of
other business before the House, and all other organizational business
may be completed before a challenge is resolved. 1 Hinds Sec. 474;
Deschler Ch 2 Sec. 6.
Several courses of action are open to the House in disposing of a
challenge. First, the House may simply seat a Member by authorizing
the administration of the oath pursuant to a resolution determining
the right to the seat. Deschler Ch 2 Sec. 6.5. Second, the House may
by resolution authorize the administration of the oath based on the
Member-elect's prima facie right to the seat, but at the same time
refer the determination of the final right

[[Page 641]]

to committee. 1 Hinds Sec. Sec. 528-534. Finally, the House may by
resolution refer the prima facie as well as the final right to the
seat to committee, without authorizing the administration of the oath.
Deschler Ch 2 Sec. Sec. 6.6, 6.7.
Resolutions relating to the right of a challenged Member-elect to
be sworn are privileged. Manual Sec. 201. The resolution is open to
amendment where the House has not ordered the previous question
thereon. Deschler Ch 23 Sec. 22.4. The challenged Member-elect may, by
unanimous consent, be permitted to participate in debate on the
resolution. Deschler Ch 2 Sec. 2.5. The time for debate on the
resolution may be extended by unanimous consent. Deschler-Brown Ch 29
Sec. 26.33.
The seating of a Member-elect does not prejudice a contest pending
under the Federal Contested Elections Act over final right to the
seat. 2 USC Sec. Sec. 381-396; Manual Sec. 203. In response to
parliamentary inquiries, the Chair informed the House that a notice of
contest had been filed with the Clerk. 105-1, Jan. 7, 1997, p 120;
110-1, Jan. 4, 2007, p 5.
As to the procedure to be followed in contested elections, see
Election Contests and Disputes.

Sec. 4 . Oath Relating to Classified Information

Clause 13 of rule XXIII, the Code of Official Conduct, prescribes
an oath to be executed by all Members, officers, and employees of the
House before they obtain access to classified information:

I do solemnly swear (or affirm) that I will not disclose any
classified information received in the course of my service with the
House of Representatives, except as authorized by the House of
Representatives or in accordance with its rules. Manual Sec. 1095.

The Committee on Ethics has interpreted this clause as applying to
classified information provided by ``any person,'' not merely to data
furnished by the House or by the executive branch. Memorandum for All
Members, Officers and Employees, July 12, 1995.

[[Page 643]]

CHAPTER 34
OFFICE OF THE SPEAKER

HOUSE PRACTICE

Sec. 1. Role of Speaker
Sec. 2. Term of Office; Vacancy
Sec. 3. Election
Sec. 4. Jurisdiction and Duties; Rulings
Sec. 5. Participation in Debate and Voting
Sec. 6. The Speaker Pro Tempore
Research References
1 Hinds Sec. Sec. 186-234; 2 Hinds Sec. Sec. 1307-1412
6 Cannon Sec. Sec. 23, 24, 247-282
Deschler Ch 6 Sec. Sec. 1-14
Manual Sec. Sec. 621-639, 970

Sec. 1 . Role of Speaker

The Speaker is the presiding officer of the House and is charged
with numerous duties and responsibilities by law and by House rules.
As the presiding officer of the House, the Speaker maintains order,
manages its proceedings, and governs the administration of its
business. Manual Sec. 622; Deschler Ch 6 Sec. Sec. 2-8. The major
functions of the Speaker with respect to the consideration of measures
on the floor include recognizing Members who seek to address the House
(Manual Sec. 949), construing and applying the House rules (Manual
Sec. 627), and putting the question on matters arising on the floor to
a vote (Manual Sec. 630).
The Speaker's role as presiding officer is an impartial one, and
the Speaker's rulings serve to protect the rights of the minority. 88-
1, June 4, 1963, pp 10151-65. In seeking to protect the interests of
the minority, the Speaker has even asked unanimous consent that an
order of the House be vacated where the circumstances so required. 89-
1, May 18, 1965, p 10871.

[[Page 644]]

Sec. 2 . Term of Office; Vacancy

Term Limit

The Speaker's term of office begins when the oath of office is
taken, which immediately follows the election of the Speaker and
opening remarks. The term ends on the expiration of the Congress in
which such individual was elected, unless sooner terminated by
resignation, death, or removal from office. Deschler Ch 6 Sec. 2.
During the 104th through 107th Congresses, the Speaker's term of
office was limited to four consecutive Congresses. That rule was
repealed in the 108th Congress. Manual Sec. 635a.

Vacancy

The Office of Speaker may be declared vacant by resolution, which
may be offered as a matter of privilege. Manual Sec. 315; 6 Cannon
Sec. 35. Under clause 8(b)(3) of rule I, adopted in the 108th
Congress, the Speaker is required to deliver to the Clerk a list of
Members in the order in which each shall act as Speaker pro tempore in
the case of a vacancy in the Office of Speaker. Deschler-Brown-Johnson
Ch 38 Sec. 5. The Member acting as Speaker pro tempore under this
provision may exercise such authorities of the Office of Speaker as
may be necessary and appropriate pending the election of a Speaker or
Speaker pro tempore. A vacancy in the Office may exist by reason of
the physical inability of the Speaker to discharge the duties of the
Office.
The House does not formally accept the resignation of a Speaker. 1
Hinds Sec. Sec. 225, 232; Deschler-Brown-Johnson Ch 37 Sec. 9.

Sec. 3 . Election

Speaker Chosen from Members

Article I, section 2 of the Constitution directs that the House
choose its Speaker and other officers. The Speaker is the only House
officer who traditionally has been chosen from the sitting membership
of the House. Manual Sec. 26. The Constitution does not limit
eligibility to that class, but the practice has been followed
invariably. The Speaker's term of office thus expires at the end of
such individual's term of office as a Member, whereas the other House
officers continue in office ``until their successors are chosen and
qualified.'' Clause 1 of rule II; 1 Hinds Sec. 187.

Nomination and Vote

The general practice for election of Speaker begins with
nominations from each party caucus followed by a viva voce vote of the
Members-elect. Relying on the Act of June 1, 1789, the Clerk
recognized for nominations

[[Page 645]]

for Speaker as being of higher constitutional privilege than a
resolution to postpone the election of a Speaker and instead provide
for the election of a Speaker pro tempore pending the disposition of
certain ethics charges against the nominee of the majority party. 2
USC Sec. 25; Manual Sec. 27.
Under the modern practice, the Speaker is elected by a majority of
Members-elect voting by surname, a quorum being present. Manual
Sec. 27; 1 Hinds Sec. 216; 6 Cannon Sec. 24. The Clerk appoints
tellers for this election. However, the House, and not the Clerk,
decides by what method it shall elect. 1 Hinds Sec. 210. For former
practices relating to the election of the Speaker, see Manual Sec. 27;
1 Hinds Sec. Sec. 212, 214, 218; 8 Cannon Sec. 3883.
In two instances the House agreed to choose and subsequently did
choose a Speaker by a plurality of votes but confirmed the choice by
majority vote. In 1849 the House had been in session 19 days without
being able to elect a Speaker, no candidate having received a majority
of the votes cast. The voting was viva voce, each Member responding to
the call of the roll by naming the candidate for whom he voted.
Finally, after the fifty-ninth ballot, the House adopted a resolution
declaring that a Speaker could be elected by a plurality. 1 Hinds
Sec. 221. In 1856 the House again struggled over the election of a
Speaker. Ballots numbering 129 had been taken without any candidate
receiving a majority of the votes cast. The House then adopted a
resolution permitting the election to be decided by a plurality. 1
Hinds Sec. 222. On both of these occasions, the House ratified the
plurality election by a majority vote.

Sec. 4 . Jurisdiction and Duties; Rulings

The Speaker presides over the business of the House. In executing
the duties of the Office, the Speaker:

Calls the House to order and announces approval of the
Journal. Manual Sec. Sec. 621, 622.
Refers bills and other matters to committee. Manual Sec. 816.
Disposes of business on the Speaker's table. Manual
Sec. Sec. 873-875.
Designates Speakers pro tempore, and appoints chairs of the
Committee of the Whole. Manual Sec. Sec. 632, 970.
Recognizes Members. Deschler Ch 6 Sec. Sec. 3.16-3.23.
States a question in prescribed form. Manual Sec. 630.
Supervises the timing of debate and other proceedings in the
House. Deschler Ch 6 Sec. 3.25.
Rules on points of order and responds to parliamentary
inquiries. Deschler Ch 6 Sec. 3.
Makes appointments pursuant to statute, House rules, and House
resolutions. Deschler Ch 6 Sec. 6. For appointments to
committees, see Committees.

[[Page 646]]

Certifies to a U.S. Attorney persons found to be in contempt
of a House committee. Deschler Ch 6 Sec. 3.40.
Declares the House in recess in the event of an emergency
pursuant to the inherent power of the Office, pursuant to
clause 12 of rule I, or pursuant to a House resolution
authorizing such action. Deschler-Brown-Johnson Ch 39 Sec. 2;
see Recess.
Changes convening time (within constitutional limit) during an
adjournment of not more than three days, in the case of
imminent impairment of the place of reconvening. Clause 12(c)
of rule I; Deschler-Brown-Johnson Ch 40 Sec. 1.
Convenes the House in a place at the seat of government other
than the Hall of the House whenever it is in the public
interest. Clause 12(d) of rule I; Deschler-Brown-Johnson Ch 40
Sec. 2.
Signs various documents, including warrants and subpoenas.
Clause 4 of rule I.
Makes preliminary decisions as to questions of privilege. 3
Hinds Sec. Sec. 2649, 2650, 2654.
Determines the presence of a quorum, conducts quorum counts,
and counts certain votes. Manual Sec. Sec. 55, 630, 810, 1012;
4 Hinds Sec. 2932.
Announces the absence of a quorum without unnecessary delay. 6
Cannon Sec. 652.
Maintains order in debate. Manual Sec. 960.
Administers censure by direction of the House. 6 Cannon
Sec. Sec. 236, 237.
Designates Members to travel on official business of the
House. Manual Sec. 636.
Appoints Members to conference committees. Manual
Sec. Sec. 536, 637.
Rules on the validity of conference reports. Manual Sec. 628;
5 Hinds Sec. Sec. 6409, 6410, 6414, 6416, 6409-6413; 8 Cannon
Sec. Sec. 3256, 3264.
Declares the House adjourned when the hour previously fixed
for adjournment arrives. 5 Hinds Sec. 6735.
Approves assignment of leadership staff to the floor. Clause
2(a) of rule IV.

Many matters have been held to be beyond the scope of the
Speaker's responsibility under the rules. The Speaker does not:

Construe the legislative or legal effect of a pending measure
or comment on the merits thereof. Manual Sec. 628; Deschler Ch
6 Sec. Sec. 4.20, 4.21.
Determine whether Members have abused leave to print. Manual
Sec. 628.
Respond to hypothetical questions, render anticipatory
rulings, or decide a question not directly presented by the
proceedings. Manual Sec. 628; Deschler Ch 6 Sec. Sec. 4.13,
4.14.
Determine questions that are within the province of the chair
of the Committee of the Whole. Manual Sec. 971; 5 Hinds
Sec. 6987.
Pass on the constitutional powers of the House, the
constitutionality of House rules, or the constitutionality of
amendments offered to pending bills. Manual Sec. 628.

[[Page 647]]

Resolve questions on the consistency of an amendment with the
measure to which it is offered, or with an amendment that
already has been adopted, or on the consistency of proposed
action with other acts of the House. Manual Sec. Sec. 466, 628;
5 Hinds Sec. 5781.
Answer inquiries as to the availability of amendments not yet
offered. Deschler Ch 27 Sec. 3.37.
Decide whether a Member should be allowed to display an
exhibit in debate, except under the Speaker's duty to preserve
decorum. Manual Sec. 622; Deschler Ch 6 Sec. 4.10.
Rule on the sufficiency or effect of committee reports or
whether the committee has followed instructions. Manual
Sec. 628; 2 Hinds Sec. 1338; 4 Hinds Sec. Sec. 4404, 4689;
Deschler Ch 6 Sec. Sec. 4.22, 4.23.
Rule on the propriety or expediency of a proposed course of
action. Manual Sec. 628.
Construe the consequences of a pending vote. Deschler Ch 6
Sec. Sec. 4.27, 4.28.
Determine whether a Member should be censured or whether an
office held is incompatible with membership in the House, these
being matters for the House to decide. 2 Hinds Sec. 1275; 6
Cannon Sec. 253.
Look behind the unambiguous language of a special order of
business adopted by the House when interpreting its language.
Manual Sec. 628.

For jurisdiction and duties of the chair of the Committee of the
Whole, see Committees of the Whole.

Sec. 5 . Participation in Debate and Voting

Debate

Although the Speaker's usual role is that of the presiding
officer, there have been many instances in which the Speaker has made
a statement from the Chair or in which the Speaker has relinquished
the Chair and participated in the debate on the floor. Manual
Sec. 358. The Speaker may take the floor for purposes of debate both
in the House and in the Committee of the Whole. If the Speaker is to
participate in debate on the floor of the House, another Member is
called to the Chair to serve as Speaker pro tempore. Manual Sec. 358;
2 Hinds Sec. 1360.

Voting

Under the early rules of the House, the Speaker was barred from
voting except under certain circumstances. 5 Hinds Sec. 5964. Today,
the Speaker has the same right as other Members to vote but only
occasionally exercises it. Manual Sec. 631. The Speaker may vote on
any matter that comes before the House, and is required to vote where
such vote would be decisive or where the House is engaged in voting by
ballot. Clause 7 of rule I; Manual Sec. 631. The duty of giving a
decisive vote may be exercised after the intervention of other
business, if a correction of the roll shows a condition wherein such

[[Page 648]]

vote would be decisive. 5 Hinds Sec. Sec. 6061-6063. On an electronic
vote, the Chair may direct the Clerk to record the Speaker's vote and
verify that instruction by submitting a vote card. Manual Sec. 631.

Sec. 6 . The Speaker Pro Tempore

Appointment or Election

The Speaker may appoint a Speaker pro tempore. Such an appointment
may not exceed three legislative days, except that in the case of
illness the Speaker's appointment may extend to 10 days with the
approval of the House. Clause 8 of rule I. For longer periods, a
Speaker pro tempore is elected by the House. Manual Sec. 632. A Member
sometimes is designated Speaker pro tempore by the Speaker and
subsequently elected by the House. Deschler Ch 6 Sec. 12.76. If the
Speaker appoints a Speaker pro tempore only for purposes of signing
enrolled bills and joint resolutions, such an appointment may extend
for a ``specified period of time'' with the approval of the House.
Clause 8 of rule I. The Speaker may appoint alternate Members to sign
enrolled bills. Manual Sec. 634. Under clause 8(b)(3) of rule I,
adopted in the 108th Congress, the Speaker is required to deliver to
the Clerk a list of Members in the order in which each shall act as
Speaker pro tempore in the case of a vacancy in the Office of Speaker.
A Speaker pro tempore is elected pursuant to resolution. Deschler
Ch 6 Sec. 14.1. The resolution may be offered by the chair of the
majority party caucus or by the Majority Leader. Deschler Ch 6
Sec. 14. A Speaker pro tempore by designation leaves the Chair pending
the offering of a resolution electing such individual as Speaker pro
tempore. Deschler Ch 6 Sec. Sec. 11.7, 14.1.

Oath of Office

The oath of office is administered to an elected Speaker pro
tempore, but not to a designated Speaker pro tempore. Deschler Ch 6
Sec. 11. The oath is administered to an elected Speaker pro tempore by
the Speaker, by the Dean of the House, or by another Member. Deschler
Ch 6 Sec. Sec. 11.4-11.6.

Who May Serve

Under clause 8 of rule I, the Speaker pro tempore must be a Member
of the House. Manual Sec. 632. Such Member usually is a member of the
majority party (Deschler Ch 6 Sec. 10), such as the Majority Leader
(Deschler Ch 3 Sec. 17.5) or the Majority Whip (Deschler Ch 3
Sec. 23.5). However, the Dean of the House also has served in that
capacity. 89-1, Jan. 19, 1965, p 946. On rare ceremonial occasions the
Minority Leader has been designated Speaker pro tempore. Deschler Ch 6
Sec. 12.7.

[[Page 649]]

Powers and Functions

The Speaker pro tempore, as the occupant of the Chair, exercises
many functions that normally fall within the purview of the Speaker.
Routine functions that are within the scope of authority of a Speaker
pro tempore include calling the House to order, making various
announcements, answering parliamentary inquiries, putting the
question, counting for a quorum, ruling on points of order, and
designating another Speaker pro tempore. Deschler Ch 6 Sec. Sec. 9,
10. When the Office of Speaker is vacant, the Member acting as Speaker
pro tempore under clause 8(b) of rule I may exercise such authorities
of the Office as may be necessary and appropriate pending the election
of a Speaker or Speaker pro tempore.
The authority of a Speaker pro tempore to exercise certain powers
depends on whether such individual is designated, designated and
approved, or elected. The powers of a designated Speaker pro tempore,
compared with those of an elected Speaker pro tempore, are relatively
limited. Deschler Ch 6 Sec. Sec. 10, 14.
Absent unanimous consent or specific House approval, a designated
Speaker pro tempore may not:

Administer the oath of office to a Member-elect. Deschler Ch 6
Sec. 12.8.
Appoint conferees or make appointments of additional
conferees. Deschler Ch 6 Sec. Sec. 12.9, 12.10.
Appoint Members to attend a funeral. Deschler Ch 6 Sec. 12.14.

By contrast, an elected Speaker pro tempore may, for example,
appoint conferees, administer the oath of office to a Member-elect,
and preside at a joint session of Congress. Deschler Ch 6
Sec. Sec. 12.8, 14, 14.8. Until 1983, unanimous consent was required
for a Speaker pro tempore to spread upon the Journal a veto message
from the President. Deschler Ch 6 Sec. 12.11. Current practice allows
even a designated Speaker pro tempore this authority without unanimous
consent.

[[Page 651]]

CHAPTER 35
OFFICERS AND OFFICES

HOUSE PRACTICE

Sec. 1. House Officers
Sec. 2. Election and Oath
Sec. 3. Removal From Office
Sec. 4. Vacancies
Sec. 5. Other Offices Established by Rule II
Sec. 6. Offices Established by Law
Sec. 7. Service of Process
Research References
U.S. Const. art. I, Sec. 2
1 Hinds Sec. Sec. 235-283
6 Cannon Sec. Sec. 25-34
Deschler Ch 6 Sec. Sec. 15-22
Manual Sec. Sec. 640-670

Sec. 1 . House Officers

In General

The Constitution directs that the House choose its Speaker and
other officers. U.S. Const. art. I, Sec. 2. The ``other officers'' not
specified by title in the Constitution have carried various titles.
Currently they are the Clerk, Sergeant-at-Arms, Chief Administrative
Officer, and Chaplain. Manual Sec. 640. Traditionally only the
Speaker, and not these other officers, has been chosen from the
sitting membership of the House. Manual Sec. 26; see Office of the
Speaker. The Speaker's term of office thus expires at the end of such
individual's term of office as a Member, whereas the other House
officers continue in office until their successors are chosen and
qualified. Clause 1 of rule II; 1 Hinds Sec. 187.
In the 102d Congress the position of the Postmaster, for many
years an elected officer of the House, was eliminated. Manual
Sec. 668. The Doorkeeper of the House, formerly an elected officer of
the House, was not reestablished beginning in the 104th Congress. The
responsibilities of that position were transferred to the Sergeant-at-
Arms. Manual Sec. 663.

[[Page 652]]

Other offices established in the rules of the House or by statute
are occupied by appointed officials. Rule II contains authority for an
Office of General Counsel (clause 8), Historian (clause 7), and
Inspector General (clause 6). The duties and appointing authority for
the positions of Legislative Counsel, Law Revision Counsel, and
Parliamentarian are carried in law. See Manual Sec. Sec. 1118, 1120,
1122.

The Clerk

The Clerk has specific responsibilities spelled out in House
rules, in statute, or as delegated by the House. The Clerk presides
when a new Congress convenes. Clause 2 of rule II; Manual
Sec. Sec. 641-645. The Clerk has duties related to the conduct of
House business. For example, the Clerk is responsible for processing
bills, preparing the Journal, taking and tallying votes, and receiving
messages from the President and the Senate when the House is not in
session. Manual Sec. Sec. 642, 647, 648, 652. To assist the House in
its consideration of measures, the Clerk reads bills and motions
(Manual Sec. Sec. 428, 904), reads names alphabetically during the
taking of certain votes and elections (Manual Sec. 1015), notes all
questions of order and decisions thereon and places them in the
Journal (Manual Sec. 647), reports disorderly words of a Member who
has been called to order (Manual Sec. 960), certifies to the passage
of all bills and resolutions (Manual Sec. 648), makes corrections
during engrossment (Manual Sec. 479), presents enrolled bills to the
Speaker for signature and transmittal to the Senate (Manual Sec. 575),
and presents enrolled bills to the President (Manual Sec. 648).
The Clerk also calls various calendars at the direction of the
Speaker (Manual Sec. 895), receives petitions and private bills
(Manual Sec. 818), disseminates copies of amendments offered in the
Committee of the Whole (Manual Sec. 978), and provides a place where
Members may sign discharge petitions (Manual Sec. 892). The Clerk also
supervises the official reporters of the House, subject to the
direction and control of the Speaker. Manual Sec. 685.
In one instance, the Clerk carried out the duties of his own
office as well as those of the Sergeant-at-Arms, having been elected
to serve concurrently as Sergeant-at-Arms following the death of the
incumbent. Deschler Ch 6 Sec. 16.3.
The Clerk may designate and authorize one or more employees to
perform the duties of the Office during an absence, except for such
duties as are imposed on the Clerk by statute. Manual Sec. 651. The
designation may provide that such authorization is to remain in effect
until revoked. 91-1, Oct. 29, 1969, p 32076. The designation is laid
before the House by the Speaker. Deschler Ch 6 Sec. 18.18.

[[Page 653]]

Sergeant-at-Arms

The duties of the Sergeant-at-Arms on the floor are prescribed by
House rules and by statute. Clause 3 of rule II; 2 USC Sec. 78; Manual
Sec. Sec. 656-660. Under these provisions the Sergeant-at-Arms
maintains order and executes arrest warrants for persons cited for
contempt of the House or of a committee. In addition the Sergeant-at-
Arms enforces the prohibition against Members walking across or out of
the Hall of the House while the Speaker is addressing the House
(Manual Sec. 962), appoints officers to send for and arrest absent
Members when so ordered by the Speaker or the House under clause 5 or
6 of rule XX (Manual Sec. Sec. 1021-1025), and brings absent Members
before the House (Manual Sec. 1026). Pursuant to clause 12(c) of rule
I, the Sergeant-at-Arms notifies the Speaker of an imminent impairment
of the place of reconvening in order to allow alternate arrangements
for convening the House. Manual Sec. 639. The Sergeant-at-Arms is also
responsible for the production of a ``catastrophic quorum failure
report'' under clause 5(c) of rule XX. See Quorums.

Chief Administrative Officer

The Chief Administrative Officer (CAO) of the House has the
operational and financial responsibility for functions assigned by the
Committee on House Administration. The CAO is subject to the oversight
of that committee and reports to it semiannually on the financial and
operational status of each function under the jurisdiction of the CAO.
Clause 4 of rule II.

The Chaplain

The Chaplain offers a prayer at commencement of each day's sitting
of the House. Clause 5 of rule II. The prayer, which does not require
a quorum, is offered daily after the House is called to order by the
Speaker or a Speaker pro tempore is appointed. Deschler Ch 6
Sec. Sec. 21.1, 21.2.
The daily prayer has been offered by visiting clergy of various
denominations and nationalities. Deschler Ch 6 Sec. 21.9. In the
unexpected absence of the Chaplain, the prayer has been offered by a
Member who was an ordained minister. 93-1, May 31, 1973, p 17441.

Sec. 2 . Election and Oath

Election

The Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
Chaplain are elected for each Congress by resolution. Deschler Ch 6
Sec. 16 (with forms). Before the House recodified its rules in the
106th Congress, the House was required under former rule II to elect
its Speaker and other offi

[[Page 654]]

cers by a viva voce vote following nominations. 1 Hinds Sec. Sec. 204,
208. However, even then, the officers mentioned in the rule, other
than Speaker, were usually chosen by resolution, which is not a viva
voce election. 1 Hinds Sec. Sec. 193, 194. Officers have been elected
prospectively. 110-1, Feb. 6, 2007, p 3156.
At the commencement of a Congress, each party's caucus selects one
nominee for each such office. The majority submits its slate of
nominees, and the minority usually submits a substitute amendment
containing its slate. The House then votes on these slates (often
disposing of them by voice vote), which may be offered by the caucus
chairs. Deschler Ch 6 Sec. 16. Such a resolution is offered from the
floor as privileged and may be divided for a separate vote for the
Chaplain, customarily an uncontested office. Manual Sec. 640; Deschler
Ch 6 Sec. 16.2.

Oath

Each elected officer of the House takes the oath prescribed by
law, which is administered by the Speaker. 5 USC Sec. 3331 (with
form); Deschler Ch 6 Sec. 17. An officer elected to hold an additional
office concurrently takes a separate oath for the additional office.
Deschler Ch 6 Sec. 17.1. The oath has been administered to an officer-
elect before the effective date of such individual's election. 92-2,
June 26, 1972, p 22387; see generally Oaths.

Sec. 3 . Removal From Office

Both the Speaker and the House have the authority to remove the
Clerk, Sergeant-at-Arms, or Chief Administrative Officer. Clause 1 of
rule II; Manual Sec. 640. An officer of the House may be removed from
office pursuant to the adoption of a simple resolution, which may be
offered as a matter of privilege. 1 Hinds Sec. Sec. 284, 288-290; 6
Cannon Sec. 35. For removal of the Speaker, see Office of the Speaker.
As a basis for removal of an officer, the House has considered
allegations as follows:

That the Clerk altered and falsified a House document. 1 Hinds
Sec. 284.
That the Clerk was negligent in the administration of the
contingent fund or misappropriated House funds. 1 Hinds
Sec. Sec. 283, 287.
That the Doorkeeper was guilty of misconduct or corruption in
office. 1 Hinds Sec. Sec. 288, 289.

Sec. 4 . Vacancies

The Speaker may make temporary appointments to fill vacancies in
the Offices of the Clerk, the Sergeant-at-Arms, the Chief
Administrative Officer, and the Chaplain. 2 USC Sec. 75a-1. Pursuant
to this authority, the Speaker has

[[Page 655]]

temporarily filled vacancies caused by the death or resignation of an
officer. See, e.g., Deschler Ch 6 Sec. 6.25. Such appointments are
effective until such time as the House acts by the adoption of a
resolution to fill the vacancy on a permanent basis. Such a resolution
is presented as a question of privilege. Manual Sec. 701. The
resignation of an elected officer of the House is subject to
acceptance by the House. Manual Sec. 640; Deschler-Brown-Johnson Ch 37
Sec. 9.

Sec. 5 . Other Offices Established by Rule II

Office of Inspector General

Under clause 6 of rule II, the Inspector General conducts audits
of the financial and administrative functions of the House. The
Inspector General is appointed by the Speaker, the Majority Leader,
and the Minority Leader, acting jointly, and is subject to the policy
direction and oversight of the Committee on House Administration.
Manual Sec. 667.

Office of General Counsel

Under clause 8 of rule II the General Counsel provides legal
assistance and representation to the House. The General Counsel is
appointed by the Speaker and functions under the direction of the
Speaker. Manual Sec. 670.
The General Counsel is authorized by law to appear in any
proceeding before a State or Federal court (except the United States
Supreme Court) without compliance with admission requirements of such
court. 2 USC Sec. 130f(a). Furthermore, the law requires the Attorney
General to notify the General Counsel of a determination not to appeal
a court decision affecting the constitutionality of an Act. 2 USC
Sec. 130f(b).

Office of the Historian

Under clause 7 of rule II the Historian of the House of
Representatives is appointed by the Speaker. Manual Sec. 669.

Sec. 6 . Offices Established by Law

Government Accountability Office

The preparation, utilization, and distribution (to committees and
Members) of reports by the Government Accountability Office, and its
authority to assign its employees to duty with congressional
committees, are regulated by sections 231-236 of the Legislative
Reorganization Act of 1970. 31 USC Sec. 711-720. This office was
formerly known as the General Accounting Office. 31 USC Sec. 702 note.

[[Page 656]]

Office of Compliance

The Office of Compliance was established by the Congressional
Accountability Act of 1995. 2 USC Sec. 1381. The office is composed of
five individuals appointed jointly by the Speaker, the Majority Leader
of the Senate, and the Minority Leaders of the House and the Senate.
The office has regulatory, enforcement, and educational
responsibilities under the Act. Section 1382 provides for a General
Counsel to be appointed by the Chair of the Compliance Board to
exercise the authorities of the Office of Compliance.

Office of the Legislative Counsel

The Office of the Legislative Counsel of the House of
Representatives evolved from a single Legislative Drafting Service
established for the Congress by the Act of February 24, 1919. 40 Stat.
1057, 1141. The currently applicable provisions of law setting forth
the purpose and functions of the office and providing for its
administration are contained in title V of the Legislative
Reorganization Act of 1970. 2 USC Sec. Sec. 281, 282. The purpose of
the office is to advise and assist the House, its committees, and its
Members in the achievement of a clear, faithful, and coherent
expression of legislative policies.

Congressional Budget Office

The Congressional Budget Office was established by the
Congressional Budget Act of 1974. 2 USC Sec. 601. The office is headed
by a director appointed by the Speaker and the President pro tempore.
2 USC Sec. 601. The functions of the office include providing
assistance to the House and Senate Committees on the Budget and
Appropriations and the Senate Committee on Finance in the discharge of
matters within their jurisdictions and to other committees to assist
them in complying with the provisions of the Act. 2 USC Sec. 602.

The Office of the Law Revision Counsel

The Office of the Law Revision Counsel was established by the
Committee Reform Amendments of 1974 to develop a codification of the
laws of the United States. 2 USC Sec. 285.

Office of the Parliamentarian

A Parliamentarian has been appointed by the Speaker in every
Congress since 1927. Before 1927 the ``Clerk at the Speaker's Table''
performed the function of the Parliamentarian. In the 95th Congress
the House formally and permanently established an Office of the
Parliamentarian to be man

[[Page 657]]

aged, supervised, and administered by a nonpartisan Parliamentarian
appointed by the Speaker. 2 USC Sec. 287. The compilation and
preparation of the precedents of the House of Representatives was
authorized in the 93d Congress by the Committee Reform Amendments of
1974. 2 USC Sec. 28a. The printing and distribution of the precedents
was also authorized by law. 2 USC Sec. Sec. 28, 28b-e, 29.
For a list of other House offices, commissions, and joint
entities, see Manual Sec. Sec. 1113-1125h.

Sec. 7 . Service of Process

Rule VIII governs the procedure for House response to a judicial
or administrative subpoena served on a Member, Delegate, Resident
Commissioner, officer, or employee of the House. Manual Sec. 697.
Examples of service of process on officers include those on the
Speaker, the Clerk, and the Sergeant-at-Arms. Deschler Ch 11
Sec. Sec. 16.2-16.4, 16.7-16.9, 16.11. Examples of service of process
on employees include those on current and former employees of a
committee, an employee of the House Republican Conference, and a
former employee of a former House select committee who was subpoenaed
to give a deposition about his recollection of certain executive
session transactions. 93-2, Sept. 30, 1974, p 33020; 94-1, Sept. 23,
1975, p 29824; 97-1, Jan. 22, 1981, pp 694, 695. For a discussion of
how an officer must comply with service of process under rule VIII,
see Questions of Privilege.
Legal counsel, through the Department of Justice, is available to
an officer of the House (but not its Members) to defend the officer
against actions brought against such officer while discharging
official duties or executing an order of the House. 2 USC Sec. 118.
For a discussion of this statutory procedure, as well as House
authorization by resolution for the appointment of legal counsel to
represent an officer, Member, or employee who has been served with
process, see Questions of Privilege. Legal counsel is also available
through the Office of General Counsel under clause 8 of rule II, which
provides legal assistance and representation to Members, committees,
officers, and employees in complying with legal process under rule
VIII. Sec. 5, supra.

[[Page 659]]

CHAPTER 36
ORDER OF BUSINESS; PRIVILEGED BUSINESS

HOUSE PRACTICE

A. The Daily Order of Business

Sec. 1. In General; Varying the Order of Business
Sec. 2. Sequence of Particular Business
Sec. 3. The Daily Practice

B. Privileged Business

Sec. 4. In General; Under the Constitution
Sec. 5. Business Privileged by House Rule
Sec. 6. -- Privilege of Particular Business
Sec. 7. -- Privileged Motions
Research References
4 Hinds Sec. Sec. 3056-3152
6 Cannon Sec. Sec. 708-757
Deschler Ch 21 Sec. Sec. 1-8, 28-31
Manual Sec. Sec. 869-901

A. The Daily Order of Business

Sec. 1 . In General; Varying the Order of Business

Generally

The order or sequence in which business is taken up for floor
consideration is governed by various House rules. A general rule for
the ``daily order of business'' is set forth in clause 1 of rule XIV.
Manual Sec. 869. The order of business may be affected by rule XV,
Business in Order on Special Days, which includes: Suspensions (clause
1), the Discharge Calendar (clause 2), the Private Calendar (clause
5), and Calendar Wednesday (clause 6). Manual Sec. Sec. 885-901. The
order of business specified by rule XV may be varied by a special
order of the House as described in Consideration and Debate and
Special Orders of Business.
Although rule XIV states the daily order of business, it does not
bind the House to a fixed daily routine. Other House rules make
certain important subjects privileged so as to permit the daily order
of business to be interrupted or even supplanted entirely for days at
a time. See Sec. Sec. 4-7, infra. In

[[Page 660]]

deed, clause 1 of rule XIV qualifies the daily order of business with
the following parenthetical: ``(unless varied by the application of
other rules and except for the disposition of matters of higher
precedence).'' Although privileged matters may interrupt the order of
business, procedural questions-- such as a vote on adopting a special
order of business, a motion to resolve into the Committee of the
Whole, or the question of consideration--may precede their
consideration. This system enables the House to give precedence to its
most important business without losing the power by majority vote to
go to any other measures on its calendars. For a list of privileged
matters that may interrupt the order of business, see Manual
Sec. Sec. 870, 871.
The order of business also may be affected by the Speaker's
discretionary authority to recognize Members on particular questions.
See Recognition. Pursuant to clause 6 of rule XIV, all questions
relating to the priority of business shall be decided without debate.

Scheduling Business

The business of the House is scheduled by the Speaker and the
Members who constitute the leadership of the majority party, acting in
concert with the leadership of each standing committee and the
Committee on Rules. Deschler Ch 21 Sec. 1. The daily or weekly agenda
of the House is ordinarily formulated by the Leadership and
implemented by special orders of business reported from the Committee
on Rules and adopted by the House. The legislative schedule for the
House is announced to the Members by the Majority Leader or Whip or a
designee or, rarely, by the Speaker. Deschler Ch 21 Sec. 1.1. Such
announcement is usually a response to a question asked by the Minority
Whip or a designee during a ``customarily long one-minute speech'' or
``colloquy'' at the end of the legislative week. 105-2, Mar. 27, 1998,
pp 5037-40.

Sec. 2 . Sequence of Particular Business

The general rule specifying the daily order of business is set
forth in clause 1 of rule XIV as follows:

First: Prayer by the Chaplain.
Second: Reading and approval of the Journal, unless postponed
under clause 8 of rule XX.
Third: The Pledge of Allegiance to the Flag.
Fourth: Correction of reference of public bills.
Fifth: Disposal of business on the Speaker's table as provided
in clause 2.
Sixth: Unfinished business as provided in clause 3.
Seventh: The morning hour for the consideration of bills
called up by committees as provided in clause 4.

[[Page 661]]

Eighth: Motions that the House resolve into the Committee of
the Whole House on the state of the Union subject to clause 5.
Ninth: Orders of the day.

Ranked first in the daily order of business is the prayer. No
business is in order before the prayer, which is offered daily when
the House meets. Deschler Ch 21 Sec. 2.
The next order of business is the approval of the Journal. Only
messages from the President or the Senate may be received and
questions of the privileges of the House raised before the approval of
the Journal. No other business, including privileged business, may
intervene. See Journal.
Following the approval of the Journal is the Pledge of Allegiance
to the Flag, which is led by a Member at the invitation of the
Speaker. One-minute speeches, although not provided for by rule XIV,
are sometimes entertained by unanimous consent following the Pledge of
Allegiance. Sec. 3, infra. It is then in order to offer motions or
unanimous-consent requests to correct the reference of public bills.
See Introduction and Reference of Bills.
Rule XIV next provides for the disposal of business on the
Speaker's table. Under clause 2 of rule XIV, such business consists of
the referral of executive communications, messages from the President,
and messages from the Senate; motions to dispose of certain Senate
bills and resolutions; and motions to dispose of Senate amendments.
Manual Sec. 873. Messages from the President and messages from the
Senate are matters of privilege and may be received, laid before the
House, and disposed of whenever business permits. Deschler Ch 21
Sec. 2. Disposition of Senate bills, see Senate Bills; Amendments
Between the Houses.
Under the prescribed order of business in rule XIV, the motion to
resolve into Committee of the Whole is in order after the morning hour
for consideration of bills reported by committees and before ``orders
of the day.'' The morning hour and ``orders of the day'' have not been
used in many years, the House relying instead on special orders of
business, which often supersede the regular order of business for
lengthy periods. 4 Hinds Sec. 3056; see Special Orders of Business.
An order of business resolution reported from the Committee on
Rules, permitting the Speaker to declare that the House resolve into
the Committee of the Whole to consider a particular bill, gives
precedence to such declaration when no other business is pending.
Clause 2(b) of rule XVIII. Under clause 4 of rule XVIII, the motion to
resolve into the Committee of the Whole is privileged for
consideration of general appropriation bills. The motion to resolve
into the Committee of the Whole may also be made privileged by the
provisions of a statute. Deschler Ch 21 Sec. 30.8.

[[Page 662]]

As to when particular matters are in order, see Appropriations;
Calendars; Conferences Between the Houses; District of Columbia
Business; Private Calendar; Questions of Privilege; Quorums;
Resolutions of Inquiry; and Veto of Bills.

Sec. 3 . The Daily Practice

The sequence of events on the House floor on any given day may,
and usually does, vary from the order prescribed by clause 1 of rule
XIV. Certain customs and norms have developed over recent years that
allow Members to express their concerns on matters not pending before
the House or scheduled for consideration in the daily or weekly
agenda. One-minute speeches, special-order speeches, and ``morning-
hour'' debate are all vehicles for this type of free expression. See
Consideration and Debate.
On each legislative day, certain events do occur in a predictable
order. The prayer, the approval of the Journal, and the Pledge of
Allegiance all occur in sequence, although the actual vote on the
approval of the Journal (if demanded) may be postponed.
Before reaching the scheduled business of the day, the Speaker
usually agrees to recognize Members for one-minute speeches. The
Speaker may limit the number if the anticipated legislative schedule
is full. See Consideration and Debate for practices and norms relating
to such speeches. Because of the precise language in the rules
governing the Private Calendar and the discharge rule, one-minute
speeches may await the disposition of those types or classes of
business.
Following the disposition of one-minute speeches, and throughout
the legislative day, the Chair lays down messages received from the
President or the Senate. The Chair also makes announcements concerning
appointments or informing the House of communications received in an
official capacity.
Following one-minute speeches, the House normally proceeds to
business holding a privileged status for that day. That special status
may be set by a standing rule, by a special order of business reported
by the Committee on Rules, or by an order previously adopted by the
House either by unanimous consent or motion to suspend the rules.
Once this business is reached, the prescribed order is still
subject to some flexibility. Certain record votes may be postponed or
``clustered'' to occur in sequence, pursuant to the Speaker's
authority under clause 8 of rule XX.
When scheduled business has been completed, it is again customary
for Members to be given an opportunity to address the House on other
subjects.

[[Page 663]]

Special-order speeches may be granted by designation of party leaders
for up to one hour or 30 minutes per Member. Limits on the number and
duration of such speeches are enforced by the exercise of the
Speaker's power of recognition, which follows a policy established on
opening day.

B. Privileged Business

Sec. 4 . In General; Under the Constitution

Privileged business is business of such importance as to enjoy
precedence over the regular order of business. It is business that can
supersede or interrupt other matters that might otherwise be called up
or be pending before the House. Manual Sec. Sec. 853-857, 870, 871.
Privileged questions are to be distinguished from what are termed
``questions of privilege.'' Privileged questions relate to the order
or priority of business under the rules of the House, whereas
``questions of privilege'' pertain to the safety and dignity of the
House, to the integrity of its proceedings, or to the rights or
reputation of its members under rule IX. 3 Hinds Sec. Sec. 2654, 2718;
see Questions of Privilege.
Privilege may derive from the Constitution, from the rules and
practices of the House, and from statutes enacted pursuant to
legislative rulemaking power. For example, a veto message from the
President is privileged for consideration when received by the House.
This privilege arises from article I, section 7, clause 2 of the
Constitution. See Veto of Bills. Likewise, because the exclusive power
of the House in the impeachment of civil officers arises from article
I, section 2, clause 5 of the Constitution, the House has determined
that propositions to impeach, and reports from a committee
investigating charges of impeachment, are highly privileged. See
Impeachment. Similarly, because article VI, clause 3 of the
Constitution provides that Representatives shall take an oath, the
administration of the oath to Members is privileged. A Member-elect
appearing during a session may be administered the oath as a matter of
the highest privilege that may interrupt other business. See Oaths.
Certain propositions are privileged for consideration because of
indirect constitutional mandate. Examples include concurrent
resolutions for adjournment sine die or to a day certain and motions
incident to establishing a quorum, which are discussed in Adjournment
and Quorums. However, privilege is not conferred merely because the
question is one committed to the House under the Constitution. Manual
Sec. 702. For example, a resolution to confirm the nomination of the
Vice President, a duty committed to the

[[Page 664]]

House under the 25th amendment to the Constitution, is not privileged
for consideration. Deschler Ch 21 Sec. 28.

Sec. 5 . Business Privileged by House Rule

A variety of bills, reports, resolutions, and motions are
privileged under the House rules. Some committees are given the power
to report to the House at any time on certain subjects. See
Committees. Certain kinds of committee reports are privileged,
including reports on the contempt of witnesses, resolutions of
inquiry, and election contests. These subjects are discussed in
Contempt, Resolutions of Inquiry, and Election Contests and Disputes.

Sec. 6 . -- Privilege of Particular Business

The House rules make certain important subjects privileged, which
permit the daily order of business to be interrupted or even
supplanted entirely for days at a time. Among the privileged matters
that may interrupt the order of business are:

General appropriation bills. Clause 5 of rule XIII.
Conference reports. Clause 7 of rule XXII.
Motions to request or agree to a conference. Clause 1 of rule
XXII.
Special orders of business reported by the Committee on Rules.
Clause 5 of rule XIII.
Consideration of amendments between the Houses after
disagreement. Clause 4 of rule XXII.
Questions of privilege. Rule IX; see Questions of Privilege.
Bills coming over from a previous day with the previous
question ordered. 5 Hinds Sec. Sec. 5510-5517.
Bills returned with the objections of the President. 4 Hinds
Sec. Sec. 3534-3536.

Some propositions are privileged for consideration on certain days
of the week or month. On any Monday, Tuesday, or Wednesday, for
example, the Speaker may recognize Members to move to suspend the
rules and pass measures. Clause 1 of rule XV. The second and fourth
Mondays of the month are set apart for District of Columbia business.
Clause 4 of rule XV. Bills on the Private Calendar are called on the
first Tuesday of the month and also on the third Tuesday if directed
by the Speaker. Clause 5 of rule XV. The Speaker has the discretion to
dispense with the call of the Private Calendar on the third Tuesday.
Manual Sec. 897.
Other classes of business not only are given a prescribed day but
also are keyed to a specific reference in the order of business
prescribed in clause 1 of rule XIV. For example, motions to discharge,
when perfected

[[Page 665]]

and otherwise eligible, can be called up after the approval of the
Journal. Clause 2 of rule XV. District of Columbia business is given a
position following ``disposal of such business on the Speaker's table
as requires reference only.'' Clause 4 of rule XV. Both the provisions
that designate a day for the class of business, and those that give
the class a specified place in the order of business, can be changed
by the House by adoption of a special order of business from the
Committee on Rules, a unanimous-consent agreement, or a motion to
suspend the rules.
The privileged status that is conferred on certain classes of
business does not necessarily carry with it an exemption from
applicable layover requirements of the House rules. Thus, a conference
report may be called up for consideration as privileged business only
after the report has been filed and is in compliance with the three-
day and two-hour availability requirements of clause 8 of rule XXII.
See Conferences Between the Houses.
When the Speaker is faced with competing Members seeking
recognition for consideration of different items of business, it must
first be determined whether one class or type of business is of a
higher precedence than the other. In making these determinations, the
Speaker relies on the rules of the House that give the matter
precedence and on prior rulings of the Chair that may predetermine the
choice. For a compilation of such rulings, see Deschler Ch 21 Sec. 31.
They are of lesser relevance in the modern practice because the House
usually determines the order of consideration by adoption of a special
order of business reported from the Committee on Rules. Also, the
priority of propositions of equal privilege may be determined by the
Chair as within the Chair's power of recognition.

Sec. 7 . -- Privileged Motions

Certain motions relating to the order of business are given
precedence under the rules of the House. One example is the motion to
suspend the rules, which may be used to change the order of business
as well as to adopt a measure. See Suspension of Rules. The motion
that the House resolve itself into the Committee of the Whole to
consider a general appropriation bill is likewise privileged under the
rules. See Appropriations. For legislative procedures enacted in law
(which may accord privileged status to certain motions), see
Congressional Procedures Enacted in Law.
When called up pursuant to the provisions of the discharge rule
under clause 2(d) of rule XV, a motion to discharge a committee is
privileged; and the Speaker may decline to recognize for a matter not
related to the proceedings. 7 Cannon Sec. 1010. Such motions take
precedence over business

[[Page 666]]

merely privileged under the general rules of the House. 7 Cannon
Sec. 1011; see Discharging Measures From Committees.
If authorized, by vote or committee rule, by the committee (or
committees) with jurisdiction over the bill, a motion to send a matter
to conference is privileged under clause 1 of rule XXII. Manual
Sec. 1069. The motion is privileged at any time the House is in
possession of the papers if the appropriate committee has authorized
the motion and the Speaker recognizes for that purpose. Manual
Sec. 1070. A motion to discharge or instruct conferees is privileged
under clause 7(c) of rule XXII. See Conferences Between the Houses.
For a discussion of precedence of secondary motions, see
Amendments; Lay on the Table; Postponement; Previous Question;
Reconsideration; and Refer and Recommit.

[[Page 667]]

CHAPTER 37
POINTS OF ORDER; PARLIAMENTARY INQUIRIES

HOUSE PRACTICE

A. Points of Order

Sec. 1. In General; Form
Sec. 2. Role of the Chair
Sec. 3. Reserving Points of Order
Sec. 4. Time to Raise Points of Order
Sec. 5. -- Against Bills and Resolutions
Sec. 6. -- Against Amendments
Sec. 7. Application to Particular Questions; Grounds
Sec. 8. Relation to Other Business
Sec. 9. Debate on Points of Order; Burden of Proof
Sec. 10. Waiver of Points of Order
Sec. 11. Withdrawal of Points of Order
Sec. 12. Appeals

B. Parliamentary Inquiries

Sec. 13. In General
Sec. 14. Subjects of Inquiry
Sec. 15. Timeliness of Inquiry
Sec. 16. As Related to Other Business
Research References
5 Hinds Sec. Sec. 6863-6957
8 Cannon Sec. Sec. 3427-3458
Deschler-Brown Ch 31 Sec. Sec. 14, 15
Manual Sec. Sec. 627-629, 641, 971

A. Points of Order

Sec. 1 . In General; Form

Generally

A point of order is an objection that the pending matter or
proceeding is in violation of a rule of the House. For a discussion of
grounds for points

[[Page 668]]

of order, see Sec. 7, infra. Any Member, Delegate, or the Resident
Commissioner may make a point of order. 6 Cannon Sec. 240. There have
been rare instances in which the Speaker has insisted that a point of
order be reduced to writing. 5 Hinds Sec. 6865. However, the customary
practice is for the Member to rise and address the Chair as follows:

Member: M_. Speaker (or M_. Chair), I make a point of order
against the [amendment, section, paragraph]. The [amendment,
section, paragraph] violates _____.

It is appropriate for the Chair to determine whether the point of
order is being raised under a particular rule of the House. A Member
should state a point of order explicitly, identifying the
objectionable language. Deschler-Brown Ch 31 Sec. Sec. 2.2, 2.3. On
occasion, a Member has incorrectly demanded the ``regular order,''
rather than make a point of order to assert, for example, that remarks
are not confined to the question under debate. In such a case, the
Chair may treat the demand as a point of order and rule thereon.
Manual Sec. 628.
The proper method for opposing a point of order is to speak on the
point of order prior to the Chair's ruling and not by making a point
of order against the point of order. Deschler-Brown Ch 31 Sec. 7.3.

Effect

Where a point of order against the consideration of a bill is
sustained, the bill is recommitted to the reporting committee or to
its place on the appropriate calendar. See, e.g., Manual Sec. 841.
However, if the defect were a technical error in the report, the
measure could be returned to the calendar by the filing of a
supplemental report pursuant to clause 3(a)(2) of rule XIII. Manual
Sec. 838; 7 Cannon Sec. 869. If a bill is on the wrong calendar and
the Chair sustains a point of order against it for that reason, the
bill is placed on the appropriate calendar. 4 Hinds Sec. 4382.
If, during the consideration of a bill, a Member raises a point of
order against certain language in a pending measure and the Chair
sustains the point of order, the language is automatically stricken
from the measure. 7 Cannon Sec. 2148.
Under the former practice it was necessary for a Member on the
floor to reserve points of order against appropriation bills before
resolving into the Committee of the Whole, but this practice was
eliminated in 1995 when the House adopted clause 1 of rule XXI. Under
clause 1, points of order on general appropriation bills are
``considered as reserved,'' which permits the Committee of the Whole
to remove language in a bill referred to it by the House that violates
House rules. Manual Sec. 1035.

[[Page 669]]

A point of order sustained against any part of an amendment is
sufficient to invalidate the entire amendment. 5 Hinds Sec. 5784. A
point of order may be directed against an entire section or paragraph
of a bill (depending on whether the bill is read by paragraph or by
section). It also may be precisely aimed at a subpart thereof.
However, the entire section or paragraph is vulnerable; and if a point
of order is sustained against a portion of a pending provision, the
entire provision may be ruled out of order unless prevented by a
special order of business. 5 Hinds Sec. 6883; Deschler-Brown Ch 31
Sec. Sec. 1.24, 1.25. The stricken provision's headings and
subheadings are likewise eliminated. 8 Cannon Sec. 2353. Provisions
ruled out on points of order in the Committee of the Whole are not
reported to the House. 4 Hinds Sec. 4906; 8 Cannon Sec. 2428.

Multiple Points of Order

The Chair may entertain simultaneously more than one point of
order against a paragraph. Deschler-Brown Ch 31 Sec. 1.8. Typically,
the Chair will decline to decide a point of order raised against a
proposition until all other points of order on the same proposition
have been submitted. 8 Cannon Sec. 2310. Indeed, the Chair has the
discretion to require all points of order against a pending
proposition for alleged violation of a particular House rule to be
stated at the same time. This procedure allows the Chair to rule
separately on each point of order in such order as the Chair
determines, or to permit the Chair to sustain one valid point of order
without reaching the others. Deschler-Brown Ch 31 Sec. 4.18. Thus,
where several points of order are made against an amendment and the
Chair sustains one of them, the remaining points of order need not be
ruled on, as the amendment is no longer pending. Deschler-Brown Ch 31
Sec. 1.12. Where the Chair entertains two points of order against a
provision, the Chair may choose to sustain only one of them, even
though both points of order are conceded by the manager of the bill.
Manual Sec. 628.

Cross References

Points of order based on particular rules or against particular
propositions are addressed elsewhere in many other chapters in this
work, such as Amendments; Appropriations; Consideration and Debate;
and Germaneness of Amendments.

[[Page 670]]

Sec. 2 . Role of the Chair

Generally

Under clause 5 of rule I, the Speaker decides ``all questions of
order, subject to appeal by a Member, Delegate, or Resident
Commissioner.'' Manual Sec. 627. When a Speaker pro tempore occupies
the Chair, such Member decides questions of order. When the House is
in Committee of the Whole, its Chair decides most questions of order
independently of the Speaker. 5 Hinds Sec. Sec. 6927, 6928. At the
organization of a new Congress, before the election of a Speaker,
questions of order are decided by the Clerk. Clause 2(a) of rule II; 1
Hinds Sec. 64.
The Chair may examine the form of an offered amendment to
determine its propriety and may rule it out of order even where no
point of order is raised from the floor. Deschler-Brown Ch 31
Sec. 6.11. Ordinarily, however, the Chair will rule out a proposition
only when a point of order is raised and only when required under the
circumstances to respond to the point of order. Deschler-Brown Ch 31
Sec. 1.6. It is not the duty of the Speaker to decide any question
that is not directly presented in the course of the proceedings of the
House. 2 Hinds Sec. 1314; see Consideration and Debate. However, it is
the duty of the Chair to initiate the call to order of a Member who
engages in improper references to the actions of the Senate, its
Members, or its committees, or to the President. Manual Sec. Sec. 374,
961.
The Speaker may decline to rule on a point of order until the
issue has been examined and studied. 3 Hinds Sec. 2725; 8 Cannon
Sec. Sec. 2174, 2396. In reaching a decision on a point of order, the
Chair may hear argument. Manual Sec. 628; see Sec. 9, infra.
Only on rare occasions has the Speaker submitted a question to the
House itself for a decision, preferring to rule subject to appeal by
any Member under clause 5 of rule I. Manual Sec. 628; 4 Hinds
Sec. Sec. 3282, 4930; 5 Hinds Sec. 5323.
Where the House has adopted an order permitting only certain
amendments to be offered to a bill during its consideration in
Committee of the Whole, the Chair is guided by the explicit
unambiguous language of the rule, rather than by the intention of the
Committee on Rules, in ruling whether a specific amendment is in the
permitted class. Manual Sec. 628. The Member offering an amendment in
the Committee of the Whole pursuant to a special order of the House
has the burden of proving that it meets the description of the
amendment made in order. The Chair has advised the Committee that an
amendment made in order was described by subject matter rather than by
prescribed text and that the pending amendment fit such description.
Manual Sec. 993.

[[Page 671]]

The Chair may consider argument on the meaning of an amendment in
resolving any ambiguity in the language of the amendment when ruling
on a point of order against it. Deschler-Brown Ch 31 Sec. 8.9.

Consideration of Prior Rulings; Reversals

A decision by the Speaker or Chair is a precedent in resolving
subsequent disputes where the same point of order is again in
controversy. In looking to precedents to resolve a point of order, the
House is applying a doctrine known in the courts as stare decisis,
under which a judge looks to earlier cases involving the same question
of law. In the same way, the House adheres to settled rulings and will
not lightly disturb rationales that have been established by prior
decision of the Chair. 2 Hinds Sec. 1317; 6 Cannon Sec. 248. However,
although the Chair will normally not disregard a decision previously
made on the same facts, such precedents may be examined,
distinguished, and even overruled where shown to be erroneous. 4 Hinds
Sec. 4637; 8 Cannon Sec. Sec. 2794, 3435. Indeed, the Chair may after
further argument reverse the previous ruling on a point of order, for
example, where existing law not previously called to the Chair's
attention would justify the opposite ruling. 8 Cannon Sec. 3435;
Deschler-Brown Ch 31 Sec. 1.5. The authoritative sources for proper
interpretations of the rules are statements made directly from the
Chair and not comments made by the Speaker in other contexts. Manual
Sec. 628.

Sec. 3 . Reserving Points of Order

Generally

With certain exceptions, a point of order against a proposition
may be held untimely if it is not made until after debate on the
proposition has begun. Sec. 4, infra. It is therefore not an uncommon
practice for a Member to reserve a point of order against an amendment
and then, after debate on the amendment, either press or withdraw the
point of order. 8 Cannon Sec. 3430. Reserving points of order against
amendments, see Amendments.
The reservation of a point of order against an amendment is
permitted at the discretion of the Chair and does not require
unanimous consent. Deschler-Brown Ch 31 Sec. 3.16. A Member wishing to
reserve a point of order must rise and address the Chair. The Member
may not reserve a point of order merely through private agreement with
the Member in charge of the bill. 5 Hinds Sec. 6867. The reserving
Member need not specify the basis of the reservation. Deschler-Brown
Ch 31 Sec. 3.8. However, merely reserving the ``right to object'' to
engage in a colloquy before making a point of order

[[Page 672]]

does not constitute the reservation of a point of order. 92-2, Apr.
18, 1972, p 13114.

Effect of Withdrawal

The reservation of a point of order being withdrawn, another
Member may immediately renew the reservation or press a point of
order. Deschler-Brown Ch 31 Sec. Sec. 3.21-3.23. For a discussion of
withdrawal of points of order generally, see Sec. 11, infra.

Sec. 4 . Time to Raise Points of Order

Generally

Unless otherwise provided by the rules of the House, a point of
order against a proposition should be made when the proposition is
presented for consideration, not after such consideration has begun. 5
Hinds Sec. 6888. This principle is applied to points of order against
bills and resolutions as well as to points of order against various
motions, such as the motion to recommit. A point of order against a
motion to recommit a bill must be made after the motion is read and
comes too late after there has been debate thereon. Deschler-Brown Ch
31 Sec. 4.25. A point of order against a motion to recommit may
interrupt the reading of said motion where enough of the reading has
been completed for the Chair to determine that the motion is not in
order. 111-1, July 9, 2009, p __. A point of order against a report
involving the privileges of the House is properly raised after the
report is read. Deschler-Brown Ch 31 Sec. 4.5.
Under the rules of the House, certain points of order may be
raised ``at any time.'' For example, a point of order may be raised
``at any time'' under clause 4 of rule XXI, which prohibits the
inclusion of appropriations in a bill or joint resolution reported by
a legislative committee. Manual Sec. 1065. A point of order may
likewise be raised ``at any time'' under clause 5(a) of rule XXI,
which prohibits inclusion of a tax or tariff measure in a bill or
joint resolution reported by a committee that does not have
jurisdiction over such measure. Manual Sec. 1066. Such a point of
order may be directed against language in a measure or against an
amendment containing such language. In the former case, the point of
order should be raised during the reading for amendment under the
five-minute rule. Deschler Ch 25 Sec. 12.14. In the latter case, the
point of order should be raised before disposition of the amendment.
Deschler-Brown Ch 31 Sec. 5.29.

Effect of Intervening Debate

A point of order against a proposition ordinarily will be ruled
out as untimely if debate on the merits of the proposition already has
begun. 5

[[Page 673]]

Hinds Sec. Sec. 6891-6901; 8 Cannon Sec. 3440. However, the Chair will
not permit brief debate to preclude a point of order by a Member who
had diligently sought recognition for that purpose. 5 Hinds Sec. 6906.
The Chair may recognize for a point of order against language in a
bill notwithstanding intervening debate where the Member raising the
point of order was standing, seeking recognition, before debate began.
Deschler-Brown Ch 31 Sec. 6.39. Indeed, a Member who is standing and
seeking recognition at the proper time to make a point of order may be
recognized by the Chair, even though the Clerk has read past the
language to which the point of order applies. Deschler-Brown Ch 29
Sec. 20.33. However, the mere fact that a Member was standing does not
entitle such Member to make a point of order where such Member has not
affirmatively sought recognition at the time the relevantznguage was
read for amendment. Deschler-Brown Ch 31 Sec. 5.25.

Effect of Intervening Amendments

A point of order against a proposition ordinarily is untimely if
raised after an amendment to the proposition has been offered. 5 Hinds
Sec. Sec. 6907-6911; 8 Cannon Sec. 3443. The point of order may be
precluded even by a pro forma amendment. 8 Cannon Sec. 3445; 108-2,
June 16, 2004, p 12565.
Points of order against a bill or portion thereof are considered
by the Chair before the Chair recognizes Members to offer amendments.
Deschler-Brown Ch 31 Sec. 5.1. If a bill is considered read and open
to amendment at any point by unanimous consent, points of order should
be stated before any amendments are offered. Deschler-Brown Ch 31
Sec. 5.5.
Although the reservation of a point of order by one Member inures
to all Members who may then make the point of order when recognized by
the Chair, withdrawal of a reservation by one Member requires other
Members to either make or continue to reserve the point of order at
that point, and a further reservation comes too late after there has
been subsequent debate. Deschler-Brown Ch 31 Sec. 3.24.

Sec. 5 . -- Against Bills and Resolutions

Where the sustaining of a point of order against a measure would
prevent its consideration, the appropriate time to make the point of
order is when the measure is called up in the House or pending the
motion or declaration to resolve into the Committee of the Whole,
whichever procedure represents initial consideration of the measure. 8
Cannon Sec. 2252. A Member may not insist on a point of order against
the consideration of a bill where the manager of the bill withdraws
the motion that the House resolve itself into the Committee of the
Whole for consideration of the bill. The point of order must be made
anew if and when the motion is again made to re

[[Page 674]]

solve into Committee for consideration of that bill. Deschler-Brown Ch
31 Sec. 4.6.
Although uncommon, a point of order challenging, for example, the
privileged status of a resolution may be raised when the resolution is
called up and before it is read. Deschler-Brown Ch 31 Sec. 4.1. A
point of order relating to the manner in which a resolution should be
considered should be made before such consideration begins. 5 Hinds
Sec. 6890. A point of order that the text of a privileged resolution
does not reflect the action of the reporting committee comes too late
after there has been debate on the resolution. Deschler-Brown Ch 31
Sec. 4.4.

Sec. 6 . -- Against Amendments

A point of order is properly made or reserved immediately after
the reading of an amendment or following agreement to a unanimous-
consent request that an amendment be considered as read. Deschler-
Brown Ch 31 Sec. 6.5. It should be disposed of before amendments to
that amendment are offered. Deschler-Brown Ch 31 Sec. 6.14. Once the
amendment is agreed to in the Committee of the Whole and reported to
the House, it is too late to raise a point of order against it, the
proper time having been at the point the amendment was offered in
Committee. 92-2, June 1, 1972, pp 19479, 19481, 19483. See generally
Amendments.

Sec. 7 . Application to Particular Questions; Grounds

A point of order ordinarily must be based on an objection that the
pending matter or proceeding is in violation of some rule of the
House. The Chair will ascertain and identify the particular rule being
invoked when ruling on a point of order. 98-2, Oct. 2, 1984, p 28522.
Although questions of order arising under the rules are determined
by the Chair, the Chair does not:

Recognize for requests to suspend the rule governing admission
to the floor. Clause 2(b) of rule IV; 5 Hinds Sec. 7285.
Rule on the sufficiency of committee reports or legal effect
of language therein. Deschler Ch 19 Sec. 7.17.
Rule on questions of constitutionality, including the
constitutional powers of the House. Manual Sec. 628; 2 Hinds
Sec. Sec. 1255, 1318-1320; 8 Cannon Sec. Sec. 2225, 3031, 3071,
3427; Deschler Ch 19 Sec. Sec. 7.1-7.3, 8.10.
Pass on the merits of a legislative proposition. Deschler Ch
19 Sec. 7.4.
Rule on the consistency of amendments or other proposed
actions of the House. 2 Hinds Sec. Sec. 1327-1336; 8 Cannon
Sec. Sec. 3237, 3458; Deschler Ch 19 Sec. Sec. 7.5, 8.6-8.9.

[[Page 675]]

Construe the legislative or legal effect of a proposition.
Manual Sec. 628; 8 Cannon Sec. Sec. 2280, 2841; Deschler Ch 19
Sec. 7.16.
Construe the general meaning or effect of an amendment or rule
on whether it is ambiguous. Deschler Ch 19 Sec. Sec. 8.1-8.5.
Rule on hypothetical questions. 6 Cannon Sec. Sec. 249, 253;
Deschler Ch 19 Sec. Sec. 7.6-7.8.
Rule on the propriety or expediency of a proposed course of
action. 2 Hinds Sec. Sec. 1275, 1337.
Consider contingencies that may arise in the future. 7 Cannon
Sec. 1409.
Interpret a special order of business before it is adopted by
the House. Manual Sec. 628.
Decide issues not presented in a point of order. Deschler Ch
19 Sec. 6.1.
Construe the result of a vote. Deschler Ch 6 Sec. 4.28.
Interpret the rules or procedures of the Senate. Deschler Ch
19 Sec. 7.19.

The Speaker, and not the chair of the Committee of the Whole,
rules on the propriety of amendments included in a motion to recommit
with instructions. Deschler-Brown Ch 31 Sec. 1.46

Sec. 8 . Relation to Other Business

When a point of order is raised against a proposition,
consideration of that proposition is precluded until the point of
order is disposed of. The Chair should rule on the point of order
before proceeding to other questions, such as the method of voting on
the pending matter. 8 Cannon Sec. 3432.
A timely point of order takes precedence over a parliamentary
inquiry, and the deferral of a parliamentary inquiry gives no priority
for that purpose because recognition is in the discretion of the
Chair. Deschler-Brown Ch 31 Sec. 11.4.
An amendment may not be offered to a proposition against which a
point of order is pending. 8 Cannon Sec. 2824. The previous question
may not be demanded on a proposition until the point of order is
resolved. 8 Cannon Sec. Sec. 2681, 3433. Debate on the merits of the
proposition is likewise precluded. 5 Hinds Sec. 5055; 8 Cannon
Sec. 2556.

Sec. 9 . Debate on Points of Order; Burden of Proof

In General; Recognition

Recognition for debate on a point of order is extended at the
discretion of the Chair. 8 Cannon Sec. Sec. 3446-3448. Members seeking
to be heard must address the Chair separately and may not engage in
``colloquies'' on the point of order. Deschler-Brown Ch 31 Sec. 7.17.
The time allowed for debate on a point of order is likewise within the
discretion of the Chair, who may decline to hear more when prepared to
rule. Manual Sec. 628. A Member

[[Page 676]]

speaking on a point of order does not control a fixed amount of time
that can be reserved or yielded. 5 Hinds Sec. 6919. Where a point of
order is conceded by the manager of the bill, the Chair may sustain
the point of order without debate. Deschler-Brown Ch 31 Sec. 7.20.
Some points of order are not decided by a ruling from the Chair
(beyond a threshold determination that the rule applies to the pending
proposition), but instead trigger an automatic question of
consideration. See Question of Consideration for examples of such
points of order. With regard to unfunded mandates and earmark points
of order, the statute or rule provides for 20 minutes of debate,
equally divided between the Member raising the point of order and a
Member opposed. Manual Sec. Sec. 1068d, 1127.

Scope of Debate

The rule that debate on questions of order must be relevant is
strictly construed. 8 Cannon Sec. 3449. Debate is limited to the
question of order and may not go to the merits of the proposition
being considered. Manual Sec. 628.
The Chair will not entertain unanimous-consent requests to permit
Members to revise and extend their remarks on points of order.
Deschler-Brown Ch 31 Sec. 7.21. However, by unanimous consent, a
Member may be allowed to revise and extend remarks to follow the
ruling on the point of order. Manual Sec. 628.

Burden of Proof

The proponents of an amendment have the burden of proof where a
point of order is raised against the amendment on the grounds that it
is not germane or that it proposes an unauthorized appropriation. 7
Cannon Sec. 1179; 8 Cannon Sec. 2995. Under House practice, those
defending an item in an appropriation bill have the burden of showing
the law authorizing it. 4 Hinds Sec. 3597; 7 Cannon Sec. Sec. 1179,
1276; 8 Cannon Sec. 2387. Thus, a point of order having been raised,
the burden of proving the authorization for language carried in an
appropriation bill falls on the managers of the bill as proponents of
the language. Deschler Ch 26 Sec. 9.4. Similarly, the proponent of an
amendment carries the burden of proving that the amendment does not
increase levels of budget authority or outlays within the meaning of
clause 2(f) of rule XXI. 107-1, Oct. 11, 2001, p 19368.
Where a point of order is raised against consideration of a bill
on the ground that the report thereon does not adequately reflect all
changes in existing law as required by clause 3(e) of rule XIII--the
Ramseyer rule--the maker of the point of order has the burden of proof
and must cite the specific statute that will be affected by the
pending bill; in the absence of such citation the point of order will
not be entertained. 8 Cannon Sec. 2246.

[[Page 677]]

Sec. 10 . Waiver of Points of Order

Generally

Points of order may be waived by unanimous consent, by special
order of business, or by consideration of a measure under suspension
of the rules. Deschler-Brown Ch 31 Sec. 9. In addition, a point of
order is effectively waived when it is not timely raised. Where a
motion that might have been subject to objection is, in the absence of
a point of order, agreed to, it represents the will of the House and
governs its procedure until the House orders otherwise. Deschler Ch 11
Sec. 3.2.

By Special Order of Business

Special ``rules'' or resolutions from the Committee on Rules
providing for the consideration of a bill often contain provisions
expressly waiving points of order against the bill or certain language
therein or amendments to be offered thereto. 7 Cannon Sec. 769. A
resolution waiving points of order against a certain provision in a
bill has been agreed to by the House even after general debate on the
bill has concluded and reading for amendment has begun. Deschler Ch 21
Sec. 23.29. Such waivers are not implied merely by the fact that the
special order of business provides for consideration of the bill. 98-
1, Mar. 22, 1983, p 6502.
A special order of business may limit its waiver to a single point
of order against consideration of a measure or against its provisions,
or it may be so drafted as to constitute a blanket waiver of all
points of order. Where a resolution providing for the consideration of
a bill specifies that ``all points of order against said bill are
hereby waived,'' the waiver is applicable only to the provisions of
the bill and not to amendments. Deschler-Brown Ch 31 Sec. 9.10. A
special order of business providing for consideration of a measure may
waive all points of order against provisions of the bill except
specified text. Such a special order may include language to prevent a
point of order against the vulnerable text from being applied to the
remainder of a paragraph or section. See, e.g., 107-1, July 17, 2001,
p 13511.
A special order of business containing a waiver of section 425 of
the Congressional Budget Act (unfunded intergovernmental mandates) is
subject to a point of order under section 426 of that Act. Similarly,
a special order of business containing a waiver of clauses 9(a) or
9(b) of rule XXI (earmarks) is subject to a point of order under
clause 9(c) of rule XXI.
For further discussion, see Special Orders of Business. See also
Consideration and Debate.

[[Page 678]]

Sec. 11 . Withdrawal of Points of Order

A point of order may be withdrawn at any time before the Chair
rules. 8 Cannon Sec. 3430. Once withdrawn, the point of order may
immediately be renewed by another Member. 5 Hinds Sec. Sec. 6875,
6906; 8 Cannon Sec. Sec. 3429, 3430. As a rule, a point of order must
be pressed, or further reserved, when the Chair inquires whether the
objecting Member wishes to insist upon it, and comes too late after
that Member has stated that such Member does not insist on, or
continue to reserve, the point of order, and further debate has
intervened. Deschler-Brown Ch 31 Sec. 3.14.

Sec. 12 . Appeals

Under clause 5 of rule I, a ruling of the Chair on a point of
order may be subject to challenge through an appeal by a Member.
Manual Sec. Sec. 627, 629; 5 Hinds Sec. Sec. 6938, 6939. An appeal
also may be taken from the ruling of the chair of the Committee of the
Whole on a point of order. Deschler-Brown Ch 31 Sec. 13.3. However, a
decision on a question of order is not subject to an appeal if the
decision falls within the discretionary authority of the Chair. For a
complete discussion of appeals, see Appeals.

B. Parliamentary Inquiries

Sec. 13 . In General

Recognition of Members for the purpose of propounding
parliamentary inquiries is within the discretion of the Chair. 6
Cannon Sec. 541. Inquiries concerning the parliamentary situation on
the floor are properly directed to the Chair, and it is not in order
for a Member to address them to the official reporters. Deschler-Brown
Ch 31 Sec. 14.14. The Chair may delay the response to a parliamentary
inquiry pending examination of relevant House precedents. 8 Cannon
Sec. 2174. Responses to parliamentary inquiries are not subject to
appeal. 5 Hinds Sec. 6955; 8 Cannon Sec. 3457. The Chair may take a
parliamentary inquiry under advisement, especially when the inquiry
does not relate to the pending proceedings of the House. Manual
Sec. 628a; 8 Cannon Sec. 2174; 102-2, Apr. 7, 1992, p 8273; 103-1, May
26, 1993, p 11251.
The Chair may clarify a prior response to a parliamentary inquiry.
Manual Sec. 628a.

[[Page 679]]

Sec. 14 . Subjects of Inquiry

Proper Subjects of Inquiry

The Chair responds to parliamentary inquiries relating in a
practical sense to the pending proceedings, such as inquiries relating
to the application of the rules and precedents to a pending or
otherwise pertinent situation. The Chair has entertained parliamentary
inquiries concerning the following:

The anticipated order of business. Deschler-Brown Ch 31
Sec. 14.7.
The status of the Clerk's progress in reading a document.
Deschler-Brown Ch 31 Sec. 14.12.
The Speaker's authority as presiding officer. Deschler-Brown
Ch 29 Sec. 2.1.

Improper Subjects of Inquiry

The Chair may decline to entertain an inquiry on a subject not
relevant to the pending question. Under this principle, the Chair has
declined to respond to hypothetical questions, to questions not yet
presented, and to requests to place pending proceedings in a
historical context. Manual Sec. 628a. The Chair has declined, for
example, to anticipate whether language in a measure would trigger
certain executive actions or to allocate debate time on a conference
report not yet filed. Similarly, the Chair has declined to anticipate
the precedential effect of a ruling or to respond to rhetorical or
political characterizations of pending business.
A proper parliamentary inquiry relates to an interpretation of a
House rule, not to an interpretation of a statute or of the
Constitution. Manual Sec. 628a. A Member may not, under the guise of a
parliamentary inquiry, offer a motion or other proposition. Members
must have the floor in their own right for that purpose. 8 Cannon
Sec. 2625.
In response to a parliamentary inquiry, the Chair has declined to:

Judge the propriety of words spoken in debate pending a demand
that those words be ``taken down'' as unparliamentary or judge
the veracity of remarks in debate, or the propriety of words
uttered earlier in debate.
Reexamine and explain the validity of a prior ruling.
Judge the accuracy of the content of an exhibit.
Indicate which side of the aisle has failed under the
Speaker's guidelines to clear a unanimous-consent request.
Judge the construction or meaning of an amendment, which is a
matter for the House, and not the Chair, to determine.
Characterize an amendment on which a separate vote has been
demanded.

Manual Sec. 628a.

[[Page 680]]

As to Orders of the House

The Chair ordinarily will not interpret a pending special order of
business prior to its adoption or render other advisory opinions. For
example, the Chair refused to respond to a parliamentary inquiry as to
whether a resolution, reported from the Committee on Rules but not yet
called up for consideration, would have the effect of violating the
rights of Members. Questions concerning informal guidelines of the
Committee on Rules for advance submission of amendments for possible
inclusion under a special order of business may not be raised under
the guise of a parliamentary inquiry. Manual Sec. 628a.

Sec. 15 . Timeliness of Inquiry

Generally

The Chair may decline to respond to a parliamentary inquiry that
is untimely. The Chair does not respond to a parliamentary inquiry
concerning the propriety of a proposition until the proposition is
offered. Deschler-Brown Ch 31 Sec. 15.11.

Inquiries Raised During Votes

During a vote, the Chair may refuse to entertain a parliamentary
inquiry that is not related to the vote, although an inquiry relating
to the conduct of the call may be entertained. Manual Sec. 628a;
Deschler-Brown Ch 31 Sec. Sec. 15.14, 15.15. A parliamentary inquiry
may not interrupt a division. However, such inquiries are entertained
until the Chair asks those in favor of the proposition to rise.
Deschler-Brown Ch 31 Sec. Sec. 15.19, 15.20. Similarly, the Speaker
may entertain a parliamentary inquiry after the yeas and nays are
ordered, but before the vote. Deschler-Brown Ch 31 Sec. 15.18.
The Chair may decline to entertain a parliamentary inquiry as to
the cost of conducting the pending vote on the ground that the inquiry
is not relevant to the pending question. 103-1, June 10, 1993, p
12482.

Sec. 16 . As Related to Other Business

A parliamentary inquiry may interrupt matters of high privilege,
such as an impeachment proceeding. 6 Cannon Sec. 541. However, during
the reading of a bill for amendment, a Member is not entitled to a
parliamentary inquiry that would interrupt the reading of a paragraph
or section of the bill. 8 Cannon Sec. 2873.
The reading of the Journal may be interrupted by a parliamentary
inquiry. 6 Cannon Sec. 624. Furthermore, the Speaker may entertain a
parliamen

[[Page 681]]

tary inquiry relating to the order of business before the approval of
the Journal. Deschler-Brown Ch 31 Sec. 15.9.

During Debate

A Member may not be taken from the floor by a parliamentary
inquiry but may yield for that purpose. The Chair exercises discretion
in recognition for a parliamentary inquiry only when no other Member
is occupying the floor for debate. Manual Sec. 628a; Deschler-Brown Ch
31 Sec. Sec. 15.1, 15.2.
Time consumed by a parliamentary inquiry is charged to the Member
controlling time who yields for that purpose. When the Chair
recognizes a Member for a parliamentary inquiry when no other Member
has the floor, the Member controlling debate is not charged for the
time so consumed. Deschler-Brown Ch 31 Sec. 15.4.

[[Page 683]]

CHAPTER 38
POSTPONEMENT

HOUSE PRACTICE

Sec. 1. Postponement Generally
Sec. 2. Motion to Postpone to a Day Certain
Sec. 3. -- Precedence
Sec. 4. -- Application to Particular Propositions
Sec. 5. -- Debate and Amendment
Sec. 6. Motion to Postpone Indefinitely
Sec. 7. -- Precedence; Application to Other Motions
Sec. 8. -- Debate and Amendment
Research References
5 Hinds Sec. Sec. 5306-5318
8 Cannon Sec. Sec. 2613-2617
Deschler Ch 23
Manual Sec. Sec. 443-453, 911, 915, 998, 1030

Sec. 1 . Postponement Generally

Authority for Motion or Declaration

Under clause 4 of rule XVI, a matter under debate may be postponed
to a future day (or indefinitely) pursuant to a motion by any Member.
Manual Sec. Sec. 911, 915. A matter also may be postponed pursuant to
the provisions of a special order of business. Deschler Ch 23
Sec. 8.1. As adopted in the 111th Congress, clause 1(c) of rule XIX
permits the Speaker to postpone further consideration of certain
measures on which the previous question has been ordered. Manual
Sec. 1000a. In some instances the postponement of the consideration of
a particular class of legislation has been recognized in statutes that
reserve to the Congress the right to review certain executive branch
actions. See Manual Sec. 1130; e.g., the Trade Act of 1974 (19 USC
Sec. 2192). For postponement relating to voting, see Voting.

Postponement Motions

In the House there are two motions to postpone: (1) the motion to
postpone to a day certain; and (2) the motion to postpone a matter
indefinitely.

[[Page 684]]

Both types of motions are provided for by clause 4 of rule XVI. Under
that rule the motion to postpone to a day certain takes precedence
over the motion to postpone indefinitely. The rule further provides
that, once decided, neither motion may be made again on the same day
at the same stage of the question. Manual Sec. 911.
The two motions are distinguishable in several respects:

The motion to postpone to a day certain takes precedence over
various secondary motions in clause 4 of rule XVI, including
the motions to refer or to amend (Sec. 3, infra), whereas the
motion to postpone indefinitely yields to all those secondary
motions (Sec. 7, infra).
The motion to postpone to a day certain is debatable only
within narrow limits (Sec. 5, infra), whereas debate on the
motion to postpone indefinitely may be extended even to the
merits of the pending proposition (Sec. 8, infra).
The motion to postpone to a day certain merely suspends
consideration of the pending measure until the date specified
(Sec. 2, infra), whereas the motion to postpone indefinitely
has the effect of finally disposing of the pending matter
adversely (Sec. 6, infra).

Postponement of Measures in Committee of the Whole

The motion to postpone, either to a day certain or indefinitely,
is not in order in the Committee of the Whole. Manual Sec. 915;
Deschler Ch 23 Sec. 5. It is not in order in the House to move to
postpone a bill where the bill is still being considered in the
Committee. 4 Hinds Sec. 4915; 8 Cannon Sec. 2436.
Disposition of unfinished matters, see Unfinished Business.

Sec. 2 . Motion to Postpone to a Day Certain

When in Order

When a question is under debate, the motion to postpone to a
particular day is provided for by clause 4 of rule XVI. Manual
Sec. Sec. 911, 915. The motion is in order in the House and when the
House is sitting as in the Committee of the Whole. 95-1, Nov. 1, 1977,
p 36351. The motion is in order following the reading of the pending
proposition and may be offered before the manager of the proposition
has been recognized for debate. Deschler Ch 23 Sec. 6.2; Deschler-
Brown Ch 29 Sec. 68.53. It is not in order after the previous question
has been ordered on the pending matter. 5 Hinds Sec. Sec. 5319-5321; 8
Cannon Sec. Sec. 2616, 2617; Deschler Ch 23 Sec. 6.1.
A motion to postpone to ``the next legislative day'' is construed
as a motion to postpone to a day certain. 8 Cannon Sec. 2657. The
motion to postpone to a day certain may not specify a particular hour.
5 Hinds Sec. 5307; Deschler Ch 23 Sec. 5. It is not in order to move
to postpone consideration

[[Page 685]]

of business to a day certain if that day is Calendar Wednesday, except
by unanimous consent. 7 Cannon Sec. 970; 8 Cannon Sec. 2614. However,
these precedents should be read in light of the current form of clause
6 of rule XV, which provides for Calendar Wednesday only when
specifically noticed. See Calendar Wednesday.

Form

Member: M_. Speaker, I move that the [further] consideration of
_____ [the proposition] be postponed until Friday next.

Effect of Motion

When the House adopts a motion to postpone a measure to a day
certain, the effect is to suspend consideration of the measure until
the day specified in the motion. 8 Cannon Sec. 2614. A subsequent
motion providing for an earlier consideration of the matter is not in
order. 5 Hinds Sec. 5308.

Application of Motion to Table

The motion to postpone to a day certain is subject to the motion
to lay on the table. Manual Sec. 914. The adoption of the motion to
table carries only the motion to postpone--not the underlying
measure--to the table. 8 Cannon Sec. 2657.

Voting

A motion to postpone a proposition to a day certain may be
determined by a simple majority vote, even though the proposition
itself may require a two-thirds vote for passage. 7 Cannon Sec. 1112.
A bill that comes before the House on the day scheduled for it by a
special order of business likewise may be postponed by a majority
vote. 4 Hinds Sec. 3177.
The vote on a motion to postpone a measure to a day certain is
subject to a motion to reconsider. 5 Hinds Sec. 5643.

Sec. 3 . -- Precedence

Clause 4 of rule XVI lists the motion to postpone to a day certain
fourth among those motions available when a question is under debate.
It follows the motions to adjourn and to lay on the table and the
motion for the previous question, and thus the motion to postpone must
yield to these more preferential motions. 5 Hinds Sec. 5301; 8 Cannon
Sec. 2609. However, the motion to postpone to a day certain enjoys
precedence over the motions to refer, to amend, and to postpone
indefinitely. Manual Sec. 911; 5 Hinds Sec. 5301. The motion also
takes precedence over the question of passing a bill vetoed by the
President. Deschler Ch 23 Sec. 7.1.

[[Page 686]]

Sec. 4 . -- Application to Particular Propositions

The motion to postpone to a day certain has been applied to a wide
variety of measures and questions, it being reasoned that otherwise
the majority of the House could not exercise its will over the
consideration of its business. 8 Cannon Sec. 2613. However, the motion
must be applied to the entire pending proposition, and not merely to a
part thereof. 5 Hinds Sec. 5306.
The motion to postpone consideration of a matter to a day certain
is applicable to such propositions as:

A bill coming before the House pursuant to a special order of
business assigning the day for its consideration. 4 Hinds
Sec. 3177.
A veto message, notwithstanding the constitutional mandate
that the House ``shall proceed to reconsider'' a vetoed bill. 4
Hinds Sec. Sec. 3542-3547; 7 Cannon Sec. Sec. 1101, 1105, 1112;
Deschler Ch 23 Sec. 7.1.
A resolution of disapproval under certain statutes. Deschler
Ch 23 Sec. 6.3.
A resolution of censure reported from the Committee on Ethics.
Deschler-Brown Ch 29 Sec. 68.53.
An appeal from the decision of the Chair. 8 Cannon Sec. 2613.

The motion to postpone to a day certain is not applicable to:

A motion to discharge a committee under clause 2 of rule XV.
Deschler Ch 23 Sec. 6.4.
A special order of business from the Committee on Rules unless
the previous question is rejected. Manual Sec. 858; 5 Hinds
Sec. 4958.

Sec. 5 . -- Debate and Amendment

The motion to postpone to a day certain is subject to amendment. 5
Hinds Sec. 5754; 8 Cannon Sec. 2824. It is debatable within narrow
limits. 5 Hinds Sec. 5309. Debate is limited to the advisability of
postponement only and may not go to the merits of the proposition to
be postponed. 5 Hinds Sec. Sec. 5310-5315; 8 Cannon Sec. 2372;
Deschler Ch 23 Sec. 5.
In the House a motion to postpone to a day certain is debatable
for one hour controlled by the Member offering the motion. Deschler-
Brown Ch 29 Sec. 68.56. Such Member may move the previous question on
the motion and, if adopted, thereby terminate debate and preclude
amendment. Deschler Ch 23 Sec. 7.2. If a motion to table the motion is
agreed to, debate on and amendments to the motion to postpone are
precluded. 8 Cannon Sec. 2654.

[[Page 687]]

Sec. 6 . Motion to Postpone Indefinitely

Authorization and Effect

The motion to postpone indefinitely is provided for by clause 4 of
rule XVI. Manual Sec. Sec. 911, 915. Adoption by the House of a motion
to postpone a measure indefinitely constitutes final adverse
disposition of that measure. Deschler Ch 23 Sec. 5.

Application

The motion to postpone indefinitely has been held not to apply to
a veto message from the President, a ruling that would appear to be
reinforced by the constitutional mandate that the House must ``proceed
to reconsider'' the measure. U.S. Const. art. I, Sec. 7; 4 Hinds
Sec. 3548. However, the motion has been applied to various other
legislative propositions, including:

A House bill with Senate amendment. 5 Hinds Sec. 6200.
A Senate bill with House amendment. 5 Hinds Sec. 6199.
A resolution of disapproval of executive actions under certain
statutes. Deschler Ch 23 Sec. 6.3.
A resolution relating to the election of House officers. 5
Hinds Sec. 5318.

The motion to postpone indefinitely must be applied to the entire
pending proposition and not merely to a part thereof. 5 Hinds
Sec. 5306.

Form

Member: M_. Speaker, I move that the [further] consideration of
____ be postponed indefinitely.

Sec. 7 . -- Precedence; Application to Other Motions

In 1822 the House amended clause 4 of rule XVI to change the
precedence of the motion to postpone indefinitely from its former
place--immediately after the motion for the previous question--to the
end of the list, where it remains to this day. Manual Sec. 911.
Accordingly, the motion to postpone indefinitely enjoys no precedence
over the other secondary motions. 5 Hinds Sec. 5301; Deschler Ch 23
Sec. 8.1 (note). Because of its less preferential status, the motion
is seldom used in the modern practice. It has been held specifically
inapplicable to:

A motion to refer. 5 Hinds Sec. 5317.
A motion to suspend the rules. 5 Hinds Sec. 5322.
A motion to resolve into Committee of the Whole, except under
a statute providing for consideration of a resolution of
disapproval that specifically allows the motion to postpone.
Manual Sec. 915; 6 Cannon Sec. 726.

[[Page 688]]

A motion to discharge a committee under clause 2 of rule XV.
Deschler Ch 23 Sec. 6.4.

Sec. 8 . -- Debate and Amendment

The motion to postpone indefinitely is not amendable. Deschler Ch
23 Sec. 8.1 (note). However, the motion is debatable, including debate
on the merits of the pending proposition. 5 Hinds Sec. 5316.
Debate on the motion may be precluded by statute with respect to a
particular class of legislation. See, e.g., the Trade Act of 1974,
Sec. 152(d)(3) (19 USC Sec. 2192(d)(3)). Notwithstanding such a
statute, the House may permit debate on the motion by unanimous
consent. 98-1, Aug. 1, 1983, pp 21899, 21900.

[[Page 689]]

CHAPTER 39
PREVIOUS QUESTION

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Offering the Motion
Sec. 3. -- When in Order; Quorum Requirements
Sec. 4. -- Who May Offer
Sec. 5. Precedence; Interruption of Other Matters
Sec. 6. -- Precedence Over Other Motions
Sec. 7. Scope of Motion; Application to Particular Propositions
Sec. 8. Debate on Motion; Consideration and Disposition
Sec. 9. Effect
Sec. 10. -- On Debate Generally
Sec. 11. -- On Divided Debate
Sec. 12. -- On Amendments
Sec. 13. Recommittal
Sec. 14. Reconsideration
Sec. 15. Rejection of Motion -- As Permitting Further Consideration
Sec. 16. -- As Affecting Recognition
Sec. 17. Effect of Adjournment When Previous Question Operating
Research References
5 Hinds Sec. Sec. 5443-5520, 5569-5604
8 Cannon Sec. Sec. 2661-2694
Deschler Ch 23 Sec. Sec. 14-24
Manual Sec. Sec. 461-463, 994-1002

Sec. 1 . In General

Function and Purpose

Clause 1 of rule XIX provides for the motion for the previous
question. It is an essential motion in the House that is used during
the consideration of a matter to terminate debate, foreclose the
offering of amendments, and bring the House to an immediate vote on
the main question. Manual Sec. 994. It is the only motion used for
this purpose in the House. 5 Hinds Sec. 5456; 8 Cannon Sec. 2662.

[[Page 690]]

The import of the previous question, in Jefferson's language, is
``shall the main question be now put?'' Manual Sec. 452. If the House
disagrees to the motion, the main question is open to further
consideration and the right of recognition transfers to a Member who
opposed the motion. Sec. Sec. 15, 16, infra.
The House practice in this regard is to be distinguished from that
of the Senate, which does not admit the previous question. 8 Cannon
Sec. 2663.

Historical Background

In early Congresses, the previous question was used in the House
for an entirely different purpose than it is today, having been
modeled on the English parliamentary practice. As early as 1604, the
previous question had been used in the Parliament to suppress a
question that the majority deemed undesirable for further discussion
or action. Manual Sec. Sec. 442, 463. The Continental Congress adopted
this device in 1778, but there was no intention of using it as a means
of closing debate in order to bring the pending question to a vote. 5
Hinds Sec. 5445.
Early interpretations of the rule in the House were consistent
with its usage in the Continental Congress. However, in 1807, the
House overruled a holding by Speaker Varnum that the ordering of the
previous question precluded all debate on the main question. As a
result, debates became very lengthy. In 1811, the House reversed its
position by once again overruling Speaker Varnum to provide that there
could be no debate after the previous question was ordered, and this
decision was adhered to in subsequent rulings by the Speaker. 5 Hinds
Sec. 5445.
To moderate the harsh effects of the rule, seen by some as a way
of suppressing a minority, the number required to order the previous
question was changed from one-fifth to a majority, and a Member was
given the right to call for 40 minutes of debate on a proposition if
it had not been previously debated. 5 Hinds Sec. Sec. 5445, 6821. In
1880, the rule was amended to permit the Speaker to entertain one
motion to recommit, notwithstanding the ordering of the previous
question. Sec. 13, infra.

Sec. 2 . Offering the Motion

Form

The motion for the previous question may be offered by any Member
holding the floor. It must be made in writing if demanded, but is
usually made orally:

Member: M_. Speaker, I move the previous question on the _____
[proposition].

[[Page 691]]

Speaker: The question is on ordering the previous question.

The motion should precisely specify the scope that is intended.
See Sec. 7, infra. The motion for the previous question may not
include a provision that it is to take effect at a time certain. Such
a motion may not include a provision, for example, ``that the previous
question be considered as ordered at 5 o'clock.'' 5 Hinds Sec. 5457.

Effect of a Special Order of Business

The ordering of the previous question on a bill may be required by
language in a special order of business governing consideration of the
bill. The rule may provide, for example:

The previous question shall be considered as ordered on the bill
and on any amendment thereto to final passage without intervening
motion except: (1) one hour of debate on the bill equally divided
and controlled by the chair and ranking minority member of the
Committee on House Administration; and (2) one motion to recommit
with or without instructions.

When the House is operating under such a rule, the Chair states
that ``under the rule, the previous question is ordered,'' and a
motion for the previous question from the floor is unnecessary. 7
Cannon Sec. 776. Such a rule prohibits intervening motions, such as a
motion to adjourn. Manual Sec. 912; Deschler-Brown-Johnson Ch 40
Sec. 3.4.

Sec. 3 . -- When in Order; Quorum Requirements

The previous question is one of those motions that is in order
under clause 4 of rule XVI ``when a question is under debate.'' As it
is considered a fundamental rule of parliamentary procedure, it also
is in order even before the rules of the House have been adopted.
Deschler Ch 23 Sec. 14.1.
The motion for the previous question is in order in the House and
in the House as in the Committee of the Whole. Manual Sec. 994; 5
Hinds Sec. 5456; 6 Cannon Sec. 639; 8 Cannon Sec. 2662; Deschler Ch 23
Sec. 14.10. The motion is not in order in the Committee of the Whole
but may be moved in the House on an amendment reported from the
Committee of the Whole. 4 Hinds Sec. 4716; Deschler Ch 23
Sec. Sec. 14.8, 14.9.
The previous question is ordered by a majority of those voting, a
quorum being present. However, less than a quorum may order the
previous question on a motion incident to a call of the House. 5 Hinds
Sec. 5458.

[[Page 692]]

Sec. 4 . -- Who May Offer

During Debate in the House

The Member in charge of a pending measure has the prior right to
recognition and may move the previous question at any time during the
hour allotted to such Member and thereby cut off debate. 8 Cannon
Sec. 3231. The Member in charge may move the previous question upon
regaining the floor after having yielded to another Member ``for
debate only.'' 8 Cannon Sec. 2682. Other Members may not interpose the
previous question during such time as the Member in charge is holding
the floor, even though the Member in charge may not yet have begun to
speak. Manual Sec. 997; 2 Hinds Sec. 1458. However, if the Member in
charge of the pending measure does not move the previous question and
loses the floor, any Member having the floor may so move. 5 Hinds
Sec. 5475. This is so even though the effect of moving the previous
question may be to deprive the Member in charge of control of the
measure. Manual Sec. 997; 5 Hinds Sec. 5476; 8 Cannon Sec. 2685. If no
Member moves the previous question after the expiration of the hour
allotted to such Member, another Member may be recognized for a
successive hour under the hour rule. Deschler-Brown Ch 29 Sec. 67.13;
105-2, Dec. 18, 1998, p 27838.
Where time for debate in the House is equally divided and
controlled by the majority and the minority, or between those in favor
and those opposed, the previous question may not be moved until the
other side has used or yielded back its time. The Chair may vacate the
ordering of the previous question where it was improperly moved while
the other side was still controlling time. Manual Sec. 997.

Proponent of Amendment

A Member managing consideration of a measure may offer an
amendment to the pending measure and move the previous question on the
amendment and on the pending measure. Manual Sec. 996. Although the
previous question takes precedence over a motion to amend, the
proponent of an amendment, having been recognized for debate after
offering the amendment, may not be taken from the floor by another
Member who seeks to move the previous question. Deschler Ch 23
Sec. 20.7; Sec. 6, infra. This rule is followed even though the
amendment offered is merely a pro forma amendment. 92-2, May 8, 1972,
pp 16154, 16157. However, a Member offering a preferential motion to
dispose of a Senate amendment may not move the previous question on
that motion as against the right of the Member in charge to the floor.
2 Hinds Sec. 1459.

[[Page 693]]

Effect of Yielding

A Member in charge of a pending measure may yield time to others
for debate only and still retain the right to resume debate or move
the previous question. 8 Cannon Sec. 3383. However, where the Member
in charge yields to another Member to offer an amendment to the
measure, the first Member loses the floor and the Member offering the
amendment is recognized for one hour and may move the previous
question on the amendment and on the measure itself. Deschler-Brown Ch
29 Sec. 33.9. In other words, the Member controlling the time may not
yield to another Member to offer an amendment without losing the right
to move the previous question. Deschler Ch 23 Sec. 16.2. However, the
Member so yielding may move the previous question on the pending
measure following disposition of the amendment where the proponent of
the amendment has not done so and where no other Member seeks
recognition. Deschler Ch 23 Sec. Sec. 16.3-16.5.
Under clause 4 of rule XVI, the motion for the previous question
takes precedence, and may be offered by any Member, over an amendment
offered by either the Member in charge of a pending measure or a
second Member who was yielded time by the Member in charge. Manual
Sec. 997; Deschler Ch 23 Sec. Sec. 14, 18.3.

Sec. 5 . Precedence; Interruption of Other Matters

Generally

The motion for the previous question has the precedence given it
by clause 4 of rule XVI. The Chair, having recognized a Member in
charge of a bill for the motion for the previous question, may not
recognize another Member to rise to a question of personal privilege.
Deschler Ch 23 Sec. 17.2. However, a message from the Senate, the
administration of the oath, or the presentation of a conference report
is in order, notwithstanding that the previous question has been moved
or ordered on a pending proposition. 5 Hinds Sec. 6449; Deschler Ch 23
Sec. Sec. 19.3, 19.4.
A measure on which the previous question has been ordered takes
precedence over a special order of business from the Committee on
Rules, even if the special order provides for the immediate
consideration of certain business. 5 Hinds Sec. 5520.

Suspension of the Rules

The motion to suspend the rules may be entertained after the
previous question has been moved and is admitted at the Speaker's
discretion, notwithstanding the ordering of the previous question on a
pending measure. Manual Sec. 887; 5 Hinds Sec. Sec. 6827, 6831-6833; 8
Cannon Sec. 3418.

[[Page 694]]

Sec. 6 . -- Precedence Over Other Motions

Generally

Under clause 4 of rule XVI, the motion for the previous question
is listed third in the order of precedence after the motions to
adjourn and to lay on the table. As such, the previous question has
precedence over the motions to postpone, to refer, or to amend. Manual
Sec. 911; 5 Hinds Sec. 5301; Deschler Ch 23 Sec. 20.7. A Member making
the motion also has priority over another Member seeking recognition
for debate. Deschler Ch 23 Sec. 19.1.
The Member in charge of a proposition and having the floor may
demand the previous question, notwithstanding that another Member
proposes a motion of higher privilege. However, the motion of higher
privilege must be put before the question is put on the previous
question. Manual Sec. 997; 5 Hinds Sec. 5480; 8 Cannon Sec. 2684;
Deschler Ch 23 Sec. 16.6. A Member having the floor may not exclude a
privileged motion simply by offering a motion of lower privilege and
demanding the previous question thereon. 8 Cannon Sec. 2609.

Adjournment

Under clause 4 of rule XVI, the motion to adjourn takes precedence
over the motion for the previous question. Manual Sec. 911; Deschler-
Brown-Johnson Ch 40 Sec. 3. However, a motion to adjourn is not in
order after the previous question has been ordered on a bill to final
passage under a special order of business prohibiting any intervening
motion. Manual Sec. 1002; 4 Hinds Sec. Sec. 3211-3213; Deschler-Brown-
Johnson Ch 40 Sec. 3.4.

Lay on the Table

Under clause 4 of rule XVI, the motion to lay the pending
proposition on the table takes precedence over the motion for the
previous question. Manual Sec. 911; 8 Cannon Sec. Sec. 2658, 2660.
However, the motion to table may not be applied to the motion for the
previous question itself. 5 Hinds Sec. Sec. 5410, 5411. The motion to
table is not in order after the previous question is ordered, or even
after the yeas and nays are ordered on the demand for the previous
question. 5 Hinds Sec. Sec. 5408, 5409, 5415-5422. A motion to table a
motion to recommit is not in order after the previous question has
been ordered on a bill to final passage under a special order of
business prohibiting any intervening motion. Manual Sec. 1002a.
Although the motion for the previous question yields to the motion
to table, if the motion to table is rejected, the question recurs on
the motion for the previous question that was pending when the motion
to table was offered. Deschler Ch 23 Sec. 20.1.

[[Page 695]]

Referral or Recommittal

The previous question may be moved on a proposition while a motion
to refer it is pending. 8 Cannon Sec. 2678. However, the rule
authorizing the motion to recommit (or commit) specifically permits
the use of that motion after the previous question has been moved or
ordered. Manual Sec. 1001; see also Sec. 13, infra.

Motions to Amend

The motion for the previous question takes precedence over the
motion to amend. Deschler Ch 23 Sec. 20.2. Thus, the motion for the
previous question takes precedence over an amendment to, for example,
a motion to recommit or a motion to instruct conferees. Deschler Ch 23
Sec. Sec. 20.4, 20.5. If the motion for the previous question is voted
down, the pending measure is subject to amendment. However, if the
amendment is ruled out on a point of order, the previous question may
again be moved and takes precedence over the offering of another
amendment. Deschler Ch 23 Sec. 20.3.
A Member, having obtained the floor to offer a preferential motion
to dispose of a Senate amendment in disagreement, may not move the
previous question on that preferential motion to the end that the
Member in charge of the pending proposition is denied recognition for
debate. Manual Sec. 997; 2 Hinds Sec. 1459.

Sec. 7 . Scope of Motion; Application to Particular Propositions

Generally

Under clause 1 of rule XIX, the previous question may be moved and
ordered on a single question, on a series of questions allowable under
the rules, or on an amendment or amendments, or may embrace all
authorized motions or amendments and include the bill or resolution to
its passage, adoption, or rejection. Manual Sec. 994. The motion
should precisely specify the scope that is intended. However, where,
during the consideration of a bill, a Member states merely ``I move
the previous question,'' without specifying the question to be voted
on, the Speaker construes it as a motion for the previous question on
the bill to final passage and as applicable to all intervening
questions. 8 Cannon Sec. Sec. 2673, 2674. When a series of questions
are pending, and the previous question is moved without specifying the
precise object of the motion, the Chair will apply the motion to all
questions then pending in a related set. Deschler Ch 23 Sec. 14.2.
However, the Chair may apply an unqualified motion for the previous
question on a divided question to only one portion thereof. 8 Cannon
Sec. 2676.

[[Page 696]]

The motion for the previous question is generally applicable to
any pending measure or motion that is subject to debate or amendment
(Manual Sec. 996) and has been held specifically applicable to:

A proposition and a pending motion to refer the proposition to
a committee. 5 Hinds Sec. 5466; 8 Cannon Sec. 2678.
A pending resolution and an amendment thereto. Manual Sec. 996.
A question of approval of the Journal. Deschler Ch 23
Sec. 14.6.
A private bill under consideration during the call of the
Private Calendar. Deschler Ch 23 Sec. 14.5.
A question of agreeing to a report of the Committee of the
Whole that the enacting clause be stricken. 5 Hinds Sec. 5342.
A resolution to elect Members to committees. 8 Cannon
Sec. 2174.
Certain amendments to a bill (leaving the remaining amendments
open to debate and further amendment). 8 Cannon Sec. 2679.
All amendments to a bill other than a particular amendment.
Deschler Ch 23 Sec. 15.17.
A substitute amendment. 5 Hinds Sec. 5472.
A question of privilege, including one involving censure of a
Member or impeachment. 2 Hinds Sec. 1256; 5 Hinds Sec. 5460; 8
Cannon Sec. 2672.
A motion to limit debate pending a motion to go into the
Committee of the Whole. 5 Hinds Sec. Sec. 5203, 5473.
A motion to postpone a matter to a day certain. Deschler Ch 23
Sec. 18.2.

The previous question is not applicable to:

A proposition that is not subject to debate or amendment or
that is being considered under a procedure that precludes
debate or intervening motions. 4 Hinds Sec. 3077; Deschler Ch
23 Sec. 14.12.
A proposition against which a point of order is pending. 8
Cannon Sec. Sec. 2681, 3433.
A portion of a bill, including a single section. Manual
Sec. 996; 4 Hinds Sec. 4930.
More than one bill at a time (except by unanimous consent). 5
Hinds Sec. Sec. 5461-5464.
A measure being considered under a motion to suspend the rules.
Deschler Ch 23 Sec. 14.11.

Titles and Preambles

The rules of the House permit an amendment to the title of a bill
after its passage. Manual Sec. 922. The ordering of the previous
question on a pending resolution does not cover the title or the
preamble thereto unless the proponent of the motion so specifies. A
motion to order the previous question on the preamble is in order
following the vote on the resolution. 5 Hinds Sec. 5469 (note 2);
Deschler Ch 23 Sec. Sec. 14.7, 18.4. However, the motion for the

[[Page 697]]

previous question may be applied at once to both a resolution and its
preamble. Manual Sec. 1002c.

Senate Amendments; Conference Reports

The previous question may be applied to a motion to dispose of a
Senate amendment in disagreement, such as a motion to recede. Deschler
Ch 23 Sec. 15.6. However, a simple motion for the previous question
applies to the immediate pending proposition only and not to other
pending questions. 8 Cannon Sec. 2676; but see Deschler Ch 23
Sec. 14.2. Similarly, a motion for the previous question may not be
applied to a question on agreeing both to a conference report and to a
motion to ask for a further conference on amendments not included in
the report. 5 Hinds Sec. 5465. Likewise, when the previous question is
ordered on a motion to send a matter to conference, it applies to that
motion alone and does not extend to a subsequent motion to instruct
conferees. 8 Cannon Sec. 2675.

Incidental Questions

The previous question covers the main proposition but does not
apply to questions that arise after the previous question has been
ordered and that are merely incidental thereto. 8 Cannon Sec. 2687.
Thus, in one instance, it was held that the previous question applied
to certain resolutions but not to the question of whether certain
Members should be excused from voting thereon. 5 Hinds Sec. 5467.

Sec. 8 . Debate on Motion; Consideration and Disposition

Generally

The motion for the previous question is not debatable. Manual
Sec. 911; 5 Hinds Sec. 5301; Deschler Ch 23 Sec. 21.1. The motion
cannot be amended. Manual Sec. 452; 5 Hinds Sec. 5754. It is not
subject to a motion to table, and it cannot be postponed. Manual
Sec. Sec. 451, 998; 5 Hinds Sec. Sec. 5322, 5410, 5411. Jefferson
wrote, ``to change it to tomorrow, or any other moment is without
example and without utility.'' Manual Sec. 452. Indeed, he felt that
it would be ``absurd'' to postpone the previous question, it being his
view that the same result could be had simply by voting against the
previous question. Manual Sec. 451.

Voting

The motion for the previous question is determined by a simple
majority vote, and may be ordered by less than a quorum on a motion
incident to a call of the House. 5 Hinds Sec. 5458. A motion for the
previous question on an amendment to a measure and on the measure is
not divisible so as

[[Page 698]]

to obtain separate votes on ordering the previous question on the two
propositions. Manual Sec. 996; Deschler Ch 23 Sec. 14.3. When the
previous question is ordered on an amendment as well as the main
proposition to which it is offered, the vote is taken first on the
amendment and then immediately on the proposition. Deschler Ch 23
Sec. 15.12. An order for the previous question does not preclude a
demand for a division of the question and for a separate vote on
distinct substantive propositions, such as a series of resolutions. 5
Hinds Sec. 6149; 8 Cannon Sec. 3173.

Withdrawal of Motion; Renewal

A Member may withdraw a motion for the previous question if the
House has not acted thereon, and any Member entitled to the floor
thereafter may renew that motion. 8 Cannon Sec. 2683. If the House
acts on the motion and rejects it, the motion nevertheless may be
renewed after debate or other intervening business. Deschler Ch 23
Sec. Sec. 14.4, 22.17.

Vacating the Ordering of the Previous Question

The action of the House in ordering the previous question is
subject to the motion to reconsider. Manual Sec. 1006; 5 Hinds
Sec. 5655; see Sec. 14, infra. The ordering of the previous question
also may be vacated by unanimous consent. 95-1, Oct. 6, 1977, p 32600.
Thus, in one instance, unanimous consent was granted to permit the
consideration of an amendment to a measure, even though the previous
question was operating on the measure. Deschler Ch 23 Sec. 14.13. The
Chair has also vacated the ordering of the previous question when it
was improperly moved while the other side was still controlling time.
Manual Sec. 997.

Sec. 9 . Effect

Generally; As Precluding Further Consideration

Except as discussed in sections 13 and 14, infra, the adoption of
the motion for the previous question stops all debate, precludes the
offering of amendments, and brings the House to an immediate vote on
the pending matter. 5 Hinds Sec. 5321; Deschler Ch 23 Sec. Sec. 15,
15.17. It cannot be modified, corrected, or changed, except by
unanimous consent. 5 Hinds Sec. Sec. 5482, 5485. A point of order
against the pending matter on which the previous question has been
ordered may be overruled as untimely. Deschler Ch 23 Sec. 15.21. A
motion ordinarily cannot be withdrawn once the previous question has
been also moved on it. Manual Sec. 905; 5 Hinds Sec. Sec. 5355, 5489.

[[Page 699]]

As Precluding Other Motions

With the exception of the motions to reconsider or to recommit
(Sec. Sec. 13, 14, infra), the ordering of the previous question
precludes the application of various motions to dispose of the pending
matter, including the motion to table (5 Hinds Sec. Sec. 5412-5422; 8
Cannon Sec. 2655), the motion to postpone (5 Hinds Sec. Sec. 5319-
5321; 8 Cannon Sec. Sec. 2609, 2616, 2617), and a motion in the House
to strike the enacting clause (Deschler Ch 23 Sec. 15.13).

Sec. 10 . -- On Debate Generally

Effect of Demand

After the previous question has been moved on a proposition, no
further debate on it is in order unless the previous question is
rejected. Deschler Ch 23 Sec. 15.1. All incidental questions,
including ordinary questions of order, are likewise decided without
debate. Manual Sec. 1000; 5 Hinds Sec. Sec. 5448, 5449. However, under
the present practice, the Chair may recognize and respond to a
parliamentary inquiry although the previous question may have been
demanded. Manual Sec. 1000. The demand precludes further debate on the
question of overriding a Presidential veto. Deschler Ch 23 Sec. 15.2.

Effect of Adoption

The ordering of the previous question on a proposition under
debate has the effect of terminating that debate. 5 Hinds
Sec. Sec. 5443, 5444; 8 Cannon Sec. 2662. The reading of a report or
other paper, being in the nature of debate, is not in order
thereafter. 5 Hinds Sec. Sec. 5294, 5296. The proponent's right to
close debate is likewise precluded. 5 Hinds Sec. Sec. 4997-5000.
Propositions on which pending debate has been terminated by the motion
include: an amendment offered to a resolution reported by the
Committee on Rules (Deschler Ch 23 Sec. 15.10), an amendment in the
nature of a substitute (Deschler Ch 23 Sec. 15.11), and a motion to
dispose of an amendment in disagreement between the Houses (Deschler
Ch 23 Sec. 15.8). However, a question involving the privileges of the
House, subject to proper notice under rule IX, may have precedence
over a pending proposition notwithstanding the ordering of the
previous question, unless the previous question has been ordered
without intervening motion (3 Hinds Sec. 2532) or an explicit
prohibition against dilatory motions is applicable.

Effect of a Special Order of Business Ordering the Previous Question

A special order of business governing consideration of a matter
may order the previous question to adoption or passage without
intervening motion (often excepting one motion to recommit). Such a
resolution neverthe

[[Page 700]]

less would permit debate for 10 minutes on the motion to recommit a
bill or joint resolution with instructions (Manual Sec. 1001; Deschler
Ch 23 Sec. 15.15) but would preclude a motion to postpone or a motion
to adjourn during pendency of the matter (Manual Sec. 1002; 4 Hinds
Sec. Sec. 3211-3213). Alternatively, a special order of business that
orders the previous question after debate may permit an intervening
motion during debate, such as the motion to postpone. 96-2, Mar. 12,
1980, p 5388. In addition, such a rule enables the Speaker to postpone
further proceedings at any time during consideration of the underlying
measure pursuant to clause 1(c) of rule XIX.

Sec. 11 . -- On Divided Debate

Generally

When debate is divided by rule, or by the manager yielding control
of time, the previous question may not be moved until the other side
has used or yielded back its time. Manual Sec. 997.

Forty-minute Debate

An exception to the rule that the previous question cuts off
debate is found in clause 1 of rule XIX. It allows 40 minutes of
debate where the previous question is ordered on a debatable
proposition that in fact has not been debated. Manual Sec. 999. This
rule was adopted in 1880 to prevent passing measures without a word of
debate, a frequent practice before that time. 5 Hinds Sec. 6821. The
right to 40 minutes of debate accrues only if the previous question is
ordered, not merely moved. Deschler Ch 23 Sec. 21.4. However, the 40
minutes of debate must be demanded before the House begins to vote on
the main question. 5 Hinds Sec. 5496.
Debate under the 40-minute rule is divided between the proponent
of the pending proposition and an opponent. Deschler Ch 23 Sec. 21.2.
If there has been any debate at all on the merits of the pending
proposition before the ordering of the previous question, the 40
minutes of debate permitted by the rule cannot be claimed. 5 Hinds
Sec. Sec. 5499-5502. That time may not be demanded on a proposition
that has been debated in the Committee of the Whole. 5 Hinds
Sec. 5505. The 40-minute rule does not apply to propositions that are
themselves not debatable, such as a motion to close debate. 8 Cannon
Sec. Sec. 2555, 2690; Deschler Ch 23 Sec. 21.7. The ordering of the
previous question without debate by a special order of business
resolution (not by motion) also would trigger the 40-minute rule. 103-
2, July 29, 1994, pp 18611, 18615.
The word ``question'' in the 40-minute rule refers to the main
question and does not refer to incidental motions, such as a motion to
recommit a

[[Page 701]]

bill. 5 Hinds Sec. 5497. ``Debate'' means debate on the main question
and not on something incidentally connected therewith, such as a
concurrent resolution correcting an error in the section numbers of
the bill. 5 Hinds Sec. 5508. Debate on a failed suspension constitutes
``debate'' such that moving the previous question on the bill without
debate at a later time would not trigger the 40-minute rule. 5 Hinds
Sec. Sec. 5506, 5508.
The 40 minutes of debate may be claimed where the previous
question has been ordered on an amendment that has not been debated
either in the House or in the Committee of the Whole. 5 Hinds
Sec. 5503. However, the 40 minutes of debate may not be claimed with
respect to an undebated amendment if the previous question was ordered
both on the undebated amendment and the main proposition and the main
proposition was debated. 5 Hinds Sec. 5504.
The 40-minute rule does not apply at the inception of a Congress
before the adoption of rules. 5 Hinds Sec. 5509; Deschler Ch 23
Sec. 21.6.

Sec. 12 . -- On Amendments

The previous question is an essential tool of the proponent of a
proposition. After the previous question has been moved on a
proposition, it is not subject to further amendment unless the motion
is rejected by the House. Deschler Ch 23 Sec. 15.5. If the previous
question is ordered, no further amendments to the proposition are in
order except for an amendment proposed in a motion to recommit with
instructions. 8 Cannon Sec. 3231; Deschler Ch 23 Sec. 15.7; Sec. 13,
infra. Ordering the previous question precludes amendment to a special
order of business reported by the Committee on Rules or to a motion to
recommit with instructions. 8 Cannon Sec. Sec. 2698, 2712, 3241;
Deschler Ch 23 Sec. 15.14.
Ordering the previous question on a proposition precludes
amendments even if the question is not subject to debate. 5 Hinds
Sec. Sec. 5473, 5490. For example, the previous question may be
applied in the House to the nondebatable motion to recommit in order
to prevent amendment. Manual Sec. 996.
Although unanimous consent may be granted for the consideration of
an amendment even though the previous question has been ordered, the
Speaker may decline to entertain unanimous-consent requests for that
purpose. Deschler Ch 23 Sec. Sec. 14.13, 15.18.
The motion for the previous question is not used in the Committee
of the Whole. However, it is applicable to the work product that the
Committee reports to the House. Where the previous question is ordered
on some amendments reported from the Committee of the Whole, they must
be dis

[[Page 702]]

posed of before further consideration of the remaining amendments.
Deschler Ch 23 Sec. 15.19.
Amendments also are precluded where the House is operating
pursuant to a special order of business providing that the previous
question is ``considered as ordered.'' Deschler Ch 23 Sec. Sec. 15.15,
15.16.

Sec. 13 . Recommittal

Generally

Clause 2 of rule XIX permits a motion to recommit (or commit) the
pending measure to a committee either pending the motion for or after
the ordering of the previous question. Manual Sec. 1001. This
provision was adopted in 1880 to afford ``the amplest opportunity to
test the sense of the House as to whether or not the bill is in the
exact form it desires.'' 5 Hinds Sec. 5443; see Refer and Recommit.

Amendment and Debate

Contrary to the early practice, the opponents of the bill are
given priority in recognition to move to recommit it to a committee.
Manual Sec. Sec. 1001, 1002; 2 Hinds Sec. 1456. The motion to recommit
under this rule may be amended, as by adding instructions, unless such
amendment is precluded by moving the previous question on the motion.
5 Hinds Sec. Sec. 5582-5584; 8 Cannon Sec. 2695.
A motion to recommit with instructions commonly provides that the
committee report ``forthwith.'' If the motion is adopted, the
committee chair immediately reports to the House in conformity with
the instructions; and the bill, as modified, is automatically before
the House again. The House then votes separately on the amendments,
which are not subject to further amendment if the previous question
has been ordered on the bill to passage. The previous question, when
ordered on the bill, continues in force until disposition of the bill
and is not vitiated by its recommitment. Thus, where the previous
question is moved on a resolution and an amendment thereto, and the
House orders it recommitted with instructions to report with an
amendment forthwith, the previous question remains operative to bar a
subsequent amendment. 8 Cannon Sec. 2677.

Sec. 14 . Reconsideration

The vote on ordering the previous question on a measure is subject
to the motion to reconsider. 5 Hinds Sec. 5655. However, a motion to
reconsider that vote may not be entertained if the House has partially
executed that order, as by voting on an amendment. 5 Hinds
Sec. Sec. 5653, 5654. The vote or

[[Page 703]]

dering the previous question on a special order of business reported
from the Committee on Rules may be reconsidered and such
reconsideration is not dilatory under clause 6(b) of rule XIII. Manual
Sec. Sec. 858, 1006; see also Reconsideration.
A motion to reconsider a vote on a proposition may be made after
the previous question has been demanded on the proposition or even
after it has been ordered and while it is operating. Manual Sec. 1005;
5 Hinds Sec. Sec. 5656-5662. Under the modern practice, where the
House votes to reconsider a proposition on which the previous question
was operating when first voted on, no debate is in order except by
unanimous consent. Deschler-Brown Ch 29 Sec. 6.51.

Sec. 15 . Rejection of Motion--As Permitting Further Consideration

Generally

The defeat of the motion for the previous question on a pending
proposition ordinarily opens up that proposition to further
consideration, amendment, and debate. Deschler Ch 23 Sec. Sec. 22.1-
22.5. However, the rejection of the motion for the previous question
on a measure that is not subject to amendment, such as a conference
report, does not open the measure to amendment but only extends the
time for debate thereon. Deschler Ch 23 Sec. 22.15. Similarly, if a
pending proposition is not debatable, but is vulnerable to an
amendment, the defeat of the previous question does not provide time
for debate but only the opportunity for amendment. Deschler Ch 23
Sec. 22.8.

Motions

The rejection of the previous question can open a motion to
further amendment. Examples include motions to instruct conferees, to
recede and concur in a Senate amendment, to recommit a bill with
instructions, and to recommit a conference report. Deschler Ch 23
Sec. Sec. 22.12, 22.13, 22.16.

Sec. 16 . -- As Affecting Recognition

If the previous question is voted down on a proposition,
recognition passes to an opponent of the motion for the previous
question. Deschler Ch 23 Sec. Sec. 23.1, 23.5. Thus, the previous
question on a resolution being voted down, the Speaker may recognize a
Member who led that effort, who may offer an amendment and be
recognized for one hour. Deschler Ch 23 Sec. Sec. 23.2, 23.5. However,
recognition of such Member could be preempted by another Member with a
preferential motion, such as the motion to lay on the table. Manual
Sec. 954. The recognition of the Member is not precluded

[[Page 704]]

by the fact that such Member has been previously recognized to offer
an amendment. Deschler Ch 23 Sec. 23.4.
The practice of bestowing recognition on a Member leading the
opposition upon rejection of the previous question is applied to a
resolution from the Committee on Rules, to a motion to instruct
conferees, and to a motion to recommit. Deschler Ch 23 Sec. Sec. 23.6,
23.7; 107-2, Feb. 27, 2002, pp 2080-2085.
In recognizing one of the leaders of the opposition when the
previous question is rejected, the Chair may give preference to a
Member of the minority who was actively opposed to ordering the
previous question. Deschler Ch 23 Sec. 23.1. However, where no
minority Member so qualified seeks recognition, a majority Member who
opposed the previous question on the pending proposition may be
recognized. Deschler Ch 23 Sec. 23.8.

Sec. 17 . Effect of Adjournment When Previous Question Operating

If the House adjourns without voting on a proposition on which the
previous question has been ordered, the question becomes unfinished
business on the next legislative day. 8 Cannon Sec. Sec. 2693, 2694;
Deschler Ch 23 Sec. Sec. 15.22, 24.2. The proposition is taken up as
unfinished business immediately after disposal of business on the
Speaker's table. 5 Hinds Sec. Sec. 5510-5517; 8 Cannon Sec. 2674;
Deschler Ch 23 Sec. 24.2. Multiple bills coming over from a previous
day with the previous question ordered thereon have precedence in the
order in which the several motions for the previous question were
made. 5 Hinds Sec. 5518. A proposition coming over from the preceding
day with the previous question ordered thereon has been held to take
precedence over a motion for the disposition of a veto message from
the President and to take precedence over a motion to go into the
Committee of the Whole for the consideration of a bill privileged by
special order of business. 8 Cannon Sec. Sec. 2674, 2693; see
generally Unfinished Business.

[[Page 705]]

CHAPTER 40
PRIVATE CALENDAR

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Calling the Calendar; When in Order
Sec. 3. Waivers; Dispensing with the Call
Sec. 4. Objections; Screening Procedures
Sec. 5. Consideration and Debate
Sec. 6. Omnibus Private Bills
Sec. 7. Disposition of Unfinished Business
Sec. 8. House-Senate Action on Private Bills
Research References
4 Hinds Sec. Sec. 3266-3303
7 Cannon Sec. Sec. 846-871
Deschler Ch 22 Sec. Sec. 10-14
Manual Sec. Sec. 895-897

Sec. 1 . In General

Usage and Purpose; Referrals to the Calendar

The Private Calendar is used to facilitate the consideration of
bills that are limited in their applicability to particular
individuals or entities. Deschler Ch 22 Sec. 10.
A formal calendar for private bills was established by rule during
the 62d Congress. Before that time, private bills had been considered
pursuant to special orders of business from the Committee on Rules.
Manual Sec. 896. Today, private bills when favorably reported are
delivered to the Clerk for reference to the Private Calendar under the
direction of the Speaker. Manual Sec. Sec. 828, 831. The Speaker may
correct the erroneous referral of a private bill to the Union Calendar
or that of a public bill to the Private Calendar. Manual Sec. 828; 7
Cannon Sec. 859.
Generally, the Private Calendar and unanimous-consent requests are
the exclusive procedures for consideration of private bills. The
Speaker does not schedule them under suspension of the rules.

Measures Eligible

Resolutions and bills may be considered pursuant to the Private
Calendar rule. Clause 5 of rule XV. The use of omnibus private bills--
that is,

[[Page 706]]

the consolidation into one bill of numerous private bills that have
been objected to by two or more Members when first called on the
calendar--has been permitted under the rules since 1935. Manual
Sec. 895. The validity of this consolidation procedure has been
sustained. Deschler Ch 22 Sec. 13.1. See also Sec. 6, infra.
Clause 4 of rule XII prohibits the introduction of certain private
bills. See Bills and Resolutions.

Sec. 2 . Calling the Calendar; When in Order

The Private Calendar is called up on the first and third Tuesdays
of the month after the disposal of ``such business on the Speaker's
table as requires reference only. . . .'' Manual Sec. 895. The calling
of the calendar is mandatory on the first Tuesday unless specifically
dispensed with by the House and, within the Speaker's discretion, on
the third Tuesday. Deschler Ch 22 Sec. 11.
On the first Tuesday of the month, after disposition of matters
requiring referral but before beginning the call, the Speaker has
recognized a Member to call up a conference report (Deschler Ch 22
Sec. 11.12), for a motion for a call of the House (100-1, July 8,
1987, p 18972), and for a unanimous-consent request (Deschler Ch 22
Sec. 11).
The call has been entertained before the Speaker recognized for a
privileged motion to discharge a committee from a resolution of
inquiry (Deschler Ch 24 Sec. 8.7) and before the consideration of a
veto message carried over as unfinished business (94-1, Oct. 7, 1975,
pp 32036-41).
On the third Tuesday, because the call is discretionary, the
Speaker may entertain a unanimous-consent request for business not
otherwise privileged, and the call does not displace other privileged
business. Deschler Ch 22 Sec. 11.3.

Sec. 3 . Waivers; Dispensing with the Call

Deviations from the Private Calendar rule have been permitted by
special order of business or by unanimous consent. By such means the
House may:

Permit a private bill to be considered at a time other than
that specified by the rule. Deschler Ch 22 Sec. Sec. 11.5-11.7.
Transfer the entire calendar to days other than those
specified. Deschler Ch 22 Sec. 11.8.
Dispense with the calendar altogether during a particular
week. Deschler Ch 22 Sec. 4.2.
Take up other specified business during the time for the call
of the calendar. Deschler Ch 22 Sec. 11.11.

[[Page 707]]

Recommit a private bill on the calendar to committee. Deschler
Ch 22 Sec. 12.7.
Restore to the calendar measures stricken therefrom. Deschler
Ch 22 Sec. Sec. 12.13-12.15.
Rescind actions previously taken in connection with the
calendar. Deschler Ch 22 Sec. Sec. 12.16, 12.17.

Clause 5 of rule XV specifically provides for a privileged motion
to dispense with all or part of the call of the Private Calendar by a
two-thirds vote. Manual Sec. 895; Deschler Ch 22 Sec. 11.1. The motion
is debatable for 10 minutes, divided between the proponent and an
opponent of the motion. Manual Sec. 895.

Sec. 4 . Objections; Screening Procedures

Under clause 5 of rule XV, a bill called on the Private Calendar
on the first Tuesday of the month that is objected to by two or more
Members is automatically recommitted to the committee reporting it. On
the third Tuesday of each month the same procedure is followed, with
the exception that omnibus private bills are in order regardless of
any objection. See Sec. 6, infra.
By tradition, the Majority Leader and the Minority Leader each
appoint three Members to serve as Private Calendar ``objectors''
during a Congress. Deschler Ch 22 Sec. 15.3. These official objectors
screen all bills that are placed on the calendar. When the calendar is
called, the objectors may oppose or delay the consideration of any
private bill that they feel is objectionable for any reason. The
objectors may adopt and announce specific criteria that must be
satisfied if a private bill is to be called up for consideration on
the calendar. Manual Sec. 896. For example, the objectors may require
that a measure be on the calendar for at least seven days before being
considered. Deschler Ch 22 Sec. 12.1; 112-1, Mar. 31, 2011, p __.

Form

Speaker: This is the day for the call of the Private Calendar. The
Clerk will call the first bill on the Private Calendar.
[The Clerk calls the first bill by calendar number and title.]
Speaker: Is there objection to the consideration of the bill?. .
.The Chair hears none. The Clerk will report the committee
amendments. [The Clerk reads the amendments.]
Speaker: Without objection, the amendments are agreed to, the
House bill is engrossed, read a third time and passed, and a motion
to reconsider is laid on the table.
[Or]
(If at least two Members object) Speaker: Two objections are
heard, and the bill is recommitted.

[[Page 708]]

Sec. 5 . Consideration and Debate

Bills

The Speaker may not entertain a reservation of the right to object
to the consideration of a bill or resolution on the Private Calendar.
Manual Sec. 895. Bills called up from the Private Calendar are
considered in the House as in the Committee of the Whole. Debate on
bills in that forum is under the five-minute rule. However, where a
private bill is considered independently of the calendar, pursuant to
a special order of business from the Committee on Rules, the House may
provide for consideration in the House or in the Committee of the
Whole. Deschler Ch 22 Sec. 11.5. If a private bill is being considered
in the House by unanimous consent, debate follows the hour rule.
Deschler Ch 22 Sec. 13.6.

Amendments

Debate on amendments to bills called on the Private Calendar is
limited to five minutes in favor of and five minutes in opposition to
an amendment. Recognition in opposition to such an amendment goes
first to a member of the committee reporting the bill. Deschler Ch 22
Sec. 13.2. Recognition of Members seeking to extend the debate time
ordinarily will be declined. Deschler Ch 22 Sec. Sec. 13.4, 13.5. Pro
forma amendments are not in order. Deschler Ch 22 Sec. Sec. 13.13-
13.17.

Motions to Strike the Enacting Clause

A motion to strike the enacting clause is in order during the
consideration of a private bill, including an omnibus private bill. 8
Cannon Sec. 2786; Deschler Ch 22 Sec. 13.10. Such motion takes
precedence over an amendment to strike a title of the bill and is
debatable under the five-minute rule. Deschler Ch 22 Sec. Sec. 13.11,
13.12.

Passing Over Calendared Measures

The House by unanimous consent may provide that a bill on the
Private Calendar be passed over without prejudice. Deschler Ch 22
Sec. Sec. 12.4-12.6. Such a bill retains its place on the calendar. A
request that the bill be passed over comes too late after committee
amendments to the bill have been adopted. 96-1, Dec. 18, 1979, pp
36758, 36759.

Form

Speaker: Today is the day for the call of the Private Calendar.
The Clerk will call the first bill on the Private Calendar.
[The Clerk calls the first bill by calendar number and title.]
Member: M_. Speaker, I ask unanimous consent that this bill be
passed over without prejudice.

[[Page 709]]

Sec. 6 . Omnibus Private Bills

Generally

Omnibus private bills consist of individual private bills
previously recommitted after two objections and grouped together under
a single bill number for rereporting, consideration, and passage. Such
omnibus private bills may not be objected to. 74-1, Mar. 26, 1935, p
4484. They are in order on the third Tuesday only, but they may be
considered on the first Tuesday by unanimous consent. Deschler Ch 22
Sec. 11.2. If an omnibus bill is passed by the House, it is resolved
into individual bills for transmittal to the Senate and subsequently
to the President. Manual Sec. Sec. 895, 897.

Consideration and Debate

Omnibus private bills have preference over individual private
bills on the calendar on the third Tuesday. Deschler Ch 22 Sec. 11.4.
Such bills are read by paragraph, and no amendments are entertained
except to strike or reduce monetary amounts or provide limitations.
Matters so stricken may not again be included in an omnibus bill
during the session. Manual Sec. 895. Where an omnibus private bill
improperly includes an individual private bill previously laid on the
table, the Chair upon sustaining such point of order may order the
individual bill stricken from the omnibus bill. Deschler Ch 22
Sec. 13.18.
Under clause 5 of rule XV, the Speaker may not entertain a
reservation of the right to object to the consideration of an omnibus
private bill. Amendments to measures on the Private Calendar are
debatable under the five-minute rule. Debate is limited to ten
minutes, divided between the proponent and an opponent. The rule does
not admit a pro forma amendment or an extension of time under the
five-minute rule. Deschler Ch 22 Sec. Sec. 13.2-13.5.

Sec. 7 . Disposition of Unfinished Business

Private Calendar bills unfinished on one Tuesday go over to the
next Tuesday on which such bills are in order and are considered
before the call of the other bills on the calendar. 7 Cannon Sec. 854.
Unfinished omnibus bills follow the same procedure and go over until
the next Tuesday on which that class of business is again in order.
Deschler Ch 22 Sec. 11.13. However, when the previous question is
ordered on a private bill, and the bill remains unfinished at
adjournment, the bill comes up for disposition on the next legislative
day. 8 Cannon Sec. Sec. 2334, 2694.

[[Page 710]]

Sec. 8 . House-Senate Action on Private Bills

As in the case of public bills, Private Calendar bills are
messaged to the Senate after passage by the House. Omnibus bills on
their passage are resolved into several separate bills of which they
are composed and are messaged to the Senate as individual bills and
not as an omnibus bill. Manual Sec. 895; Deschler Ch 22 Sec. 14.1.
If amended by the Senate, further consideration and disposition by
the House is effected by unanimous consent or by a special order of
business. The House has, by suspension of the rules, adopted a
resolution agreeing to an unrelated Senate amendment of a public
character to a private bill. Deschler Ch 22 Sec. 14.7. This is an
exception from the general practice that the Speaker will not schedule
private bills under suspension of the rules.
After passage in the House of an omnibus private bill, Senate
bills pending on the Speaker's table that are identical or similar to
those contained therein may be disposed of in the House by unanimous
consent. Similarly, after disposition in the House of a private Senate
bill, a similar House bill may be laid on the table by unanimous
consent. This procedure is followed so that two measures involving the
same private relief will not be messaged to the Senate. Deschler Ch 22
Sec. 14.3.

[[Page 711]]

CHAPTER 41
QUESTION OF CONSIDERATION

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Propositions Subject to the Question
Sec. 3. Propositions Not Subject to the Question
Sec. 4. Application to Points of Order Against Unfunded Mandates
Sec. 5. Application to Points of Order Against Earmarks
Sec. 6. Application to Points of Order Under the Statutory Pay-As-You-
Go Act
Research References
5 Hinds Sec. Sec. 4936-4977
8 Cannon Sec. Sec. 2436-2447
Deschler-Brown Ch 29
Manual Sec. Sec. 906-910

Sec. 1 . In General

Generally; Purpose and Effect

Clause 3 of rule XVI provides that when any motion or proposition
is entertained, a Member may demand the question ``[w]ill the House
now consider it?'' Manual Sec. 906. This rule, which was adopted in
its present form in 1880, permits the House by simple majority vote to
refuse to consider business it may not want to consider on that day. 5
Hinds Sec. 4936; 8 Cannon Sec. 2447. The rule provides that the
question is not to be put unless demanded. Manual Sec. 906.
Any Member, Delegate, or the Resident Commissioner may demand the
question of consideration, even against matters of the highest
privilege and even though the Member in charge claims the floor for
debate or to move the previous question. 5 Hinds Sec. Sec. 4936, 4941,
4944, 4945, 5478; 6 Cannon Sec. 404. The question of consideration is
not debatable because such debate would defeat the purpose of the
rule. 8 Cannon Sec. 2447. If the House votes against consideration, it
has the effect of preventing all debate on the pending measure at that
time. The form for raising the question of consideration is as
follows:

Member: M_. Speaker, I raise the question of consideration.
Speaker: The gentle___ raises the question of consideration. The
question is: Will the House now consider it [the motion or
proposition]?

[[Page 712]]

Where a report from the Committee on Rules is called up on the
same legislative day on which reported, the Chair puts the question
without demand pursuant to clause 6(a)(1) of rule XIII. Manual
Sec. 857; see Special Orders of Business.

When in Order

The question of consideration is not in order after debate has
begun and does not lie until the initial reading has been concluded. 5
Hinds Sec. Sec. 4937-4939; 6 Cannon Sec. 541; 8 Cannon Sec. 2436. It
may not be raised after the previous question has been ordered. 5
Hinds Sec. Sec. 4965, 4966.

Voting on the Question

A negative vote on the question of consideration does not amount
to a rejection of the proposition and does not prevent the measure
from being brought before the House again. 5 Hinds Sec. 4940. By the
same token, an affirmative vote does not prevent the question of
consideration from being raised on a subsequent day when the bill is
again called up as unfinished business. 8 Cannon Sec. Sec. 2438, 2447.
If the question of consideration is raised but not voted on at
adjournment it does not recur as unfinished business on the succeeding
day. 5 Hinds Sec. Sec. 4947, 4948.
It is in order to reconsider an affirmative vote on the question
of consideration. Deschler-Brown Ch 29 Sec. 5. However, it is not in
order to reconsider a negative vote on the question of consideration.
5 Hinds Sec. Sec. 5626, 5627.

As Related to Points of Order

A point of order against the eligibility for consideration of a
bill, which if sustained might prevent consideration, should be made
and decided before the question of consideration is put. Manual
Sec. 909. However, if the point of order relates merely to the manner
of considering the bill, the point of order should be passed on after
the House has decided the question of consideration. 5 Hinds
Sec. 4950. Points of order against a conference report are raised
after the question of consideration has been decided in the
affirmative. Manual Sec. 909.
A point of order against consideration of a bill for failure of a
proper quorum in committee to report was permitted despite unanimous
consent of the House to immediately consider the bill because the
unanimous-consent request was not accompanied by a waiver of points of
order. Deschler Ch 20 Sec. 17.13.

[[Page 713]]

Other Methods of Preventing Consideration

Immediate consideration of a measure can be avoided by use of the
motions to postpone or to refer. Manual Sec. Sec. 915, 916. Successful
application of the motion to lay the proposition on the table
constitutes a final adverse disposition of the matter before the
House. See Lay on the Table.

Sec. 2 . Propositions Subject to the Question

The question of consideration has been applied to bills,
resolutions, motions, and reports. It may be demanded against matters
of highest privilege. Manual Sec. 908; 5 Hinds Sec. 4941. The question
may be demanded:

Against a committee report relating to the seating of a
Member. 5 Hinds Sec. 4941.
Against a resolution raising a question of the privileges of
the House. 6 Cannon Sec. 560.
Against a bill that has been made in order on a particular day
by a special order of business. 4 Hinds Sec. 3175; 5 Hinds
Sec. Sec. 4953-4957.
Against a bill on the Union Calendar on Calendar Wednesday
before resolving into the Committee of the Whole. 8 Cannon
Sec. 2445.
Against the motion to reconsider. 8 Cannon Sec. 2437.
Against a conference report. 8 Cannon Sec. 2439; Deschler-
Brown Ch 29 Sec. 5.12.
Against a resolution to elect a Member to a standing
committee. 104-1, July 10, 1995, p 18253.

Sec. 3 . Propositions Not Subject to the Question

The question of consideration lies only against an individual
proposition and may not be raised against a class of business, such as
District of Columbia business generally. 4 Hinds Sec. Sec. 3308, 3309;
5 Hinds Sec. 4598.
Some legislative propositions are considered under special orders
of business that provide for the ``immediate consideration'' of the
proposition. Under that procedure the House decides the question of
consideration by voting on the special order of business itself, and
the question of consideration cannot be raised against the ultimate
proposition. 5 Hinds Sec. Sec. 4960-4963; 8 Cannon Sec. Sec. 2440,
2441. The question of consideration is likewise inapplicable to a
motion to resolve into the Committee of the Whole because the House
expresses its will concerning consideration by voting on the motion.
Manual Sec. 908; Deschler-Brown Ch 29 Sec. 5.6. Under modern practice,
special orders of business authorize the Speaker to declare the House
resolved into Committee of the Whole without motion, thereby
precluding the question of consideration or any vote of the House.
Clause 2(b) of rule XVIII; Manual Sec. 972.

[[Page 714]]

Other propositions held not subject to the question of
consideration include:

A bill returned with the President's veto. 5 Hinds
Sec. Sec. 4969, 4970.
A motion relating to the order of business. 5 Hinds
Sec. Sec. 4971-4976; 8 Cannon Sec. 2442.
A motion to discharge committees. 5 Hinds Sec. 4977.
Propositions before the House merely for reference. 5 Hinds
Sec. 4964.
A motion under clause 2(d) of rule XIV to take from the
Speaker's table a Senate bill substantially the same as a House
bill already favorably reported and on the House Calendar. 8
Cannon Sec. 2443.
Reports from the Committee on Rules relating to the rules or
order of business. Clause 6 of rule XIII; Manual Sec. 858; 5
Hinds Sec. Sec. 4961-4963.

Sec. 4 . Application to Points of Order Against Unfunded Mandates

Sections 423-426 of the Congressional Budget Act establish
committee report requirements and points of order against
consideration. Manual Sec. 1127; see also Unfunded Mandates.
Section 425(a)(2) establishes a point of order against
consideration of any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of Federal
intergovernmental mandates by an amount that exceeds the threshold in
section 424(a)(1) unless it also provides spending authority or
authorizes sufficient appropriations to cover the costs. Section
426(a) of the Act establishes a point of order against consideration
of any rule or order that waives the application of section 425.
Points of order under sections 425 and 426(a) of the Budget Act are
disposed of not by a ruling of the Chair but by the question of
consideration. Section 426(b)(2) establishes as a threshold premise
for cognizability of a point of order under section 425 or 426(a) the
specification of precise legislative language that is alleged to
constitute a Federal mandate.

Form

The Speaker: The gentle___ from _____ makes a point of order that
the resolution violates section 426(a) of the Congressional Budget
Act of 1974. The gentle___ has met the threshold burden to identify
the specific language in the resolution on which the point of order
is predicated. Such a point of order shall be disposed of by the
question of consideration. The gentle___ from _____ and a Member
opposed will each control 10 minutes. After debate, the Chair will
put the question of consideration, to wit: ``Will the House now
consider the resolution?''

[[Page 715]]

Sec. 5 . Application to Points of Order Against Earmarks

Clauses 9(a) and 9(b) of rule XXI provide that it shall not be in
order to consider certain measures that do not comply with disclosure
requirements regarding earmarks, limited tax benefits and limited
tariff benefits. See Budget Process. Any Member may raise a point of
order against consideration of such measures if the Chair is made
aware of a lack of compliance with a disclosure requirement. Clause
9(c) of rule XXI provides that it is not in order to consider a
special order of business or other order that waives the application
of clause 9(a) or 9(b). The method of disposing of a point of order
against such special order of business or other order or a conference
report to accompany a general appropriation bill is the question of
consideration. Clause 9(c) of rule XXI provides for 20 minutes of
debate on the question of consideration, equally divided between the
Member making the point of order and an opponent.

Form

The Speaker: The gentle___ from _____ makes a point of order that
the [resolution/conference report] violates clause 9(a) [or 9(b)] of
rule XXI. Under clause 9(c) of rule XXI, the gentle___ from _____
and the gentle___ from _____ each will control 10 minutes on the
question of consideration. Following debate, the Chair will put the
question of consideration as follows: ``Will the House now consider
the [resolution/conference report]?''

Sec. 6 . Application to Points of Order Under the Statutory Pay-As-
You-Go Act

The Statutory Pay-As-You-Go Act of 2010 established a new budget
enforcement mechanism to require that new direct spending and revenue
legislation enacted into law not increase the deficit. Pub. L. 111-
139. Section 4(g) of the Act requires that the Chair put the question
of consideration with respect to certain measures that contain an
emergency designation under the Act. In such cases, the Chair puts the
question of consideration without debate. The Chair does so before
resolving into the Committee of the Whole for consideration of the
measure. 111-1, Jan. 26, 2009, p __. The failure of the Chair to put
the question may be rendered moot by subsequent action of the House.
111-2, July 1, 2010, p __.
The requirement that the Chair put the question of consideration
on certain measures that carried an emergency designation under the
House Pay-As-You-Go rule was eliminated when that rule was repealed in
the 112th Congress. 112-1, H. Res. 5, Jan. 4, 2011, p __.

[[Page 716]]

Form

The Speaker: The [measure] contains an emergency designation for
the purposes of pay-as-you-go principles under section 4(g)(1) of
the Statutory Pay-As-You-Go Act of 2010. Accordingly, the Chair must
put the question of consideration under section 4(g)(2) of the
Statutory Pay-As-You-Go Act of 2010. The Chair will put the question
of consideration as follows: ``Will the House now consider the
[measure]?''

[[Page 717]]

CHAPTER 42
QUESTIONS OF PRIVILEGE

HOUSE PRACTICE

I. Introductory

Sec. 1. In General
Sec. 2. Precedence of Questions of Privilege

II. Privilege of the House

A. Basis of Privilege

Sec. 3. Introductory; What Constitutes a Question of Privilege
Sec. 4. Charges of Illegality or Impropriety
Sec. 5. House Jurisdiction, Powers, and Prerogatives
Sec. 6. Intervention in Judicial Proceedings
Sec. 7. Correcting the Congressional Record; Expungement
Sec. 8. Service of Process
Sec. 9. Procedure in Complying with Process under Rule VIII
Sec. 10. -- Resolutions Authorizing or Precluding Response
Sec. 11. -- Conditions or Limitations on Response
Sec. 12. Disclosure of Executive Session Materials
Sec. 13. Providing for Legal Counsel

B. Consideration

Sec. 14. Raising and Presenting the Question
Sec. 15. Debate; Disposition

III. Personal Privilege

A. Basis of Privilege

Sec. 16. In General
Sec. 17. Charges by a Fellow Member; Words Used in Debate
Sec. 18. Charges in the Press

B. Consideration

Sec. 19. Raising the Question; Procedure
Sec. 20. Debate on the Question

[[Page 718]]

Research References
3 Hinds Sec. Sec. 2521-2725
6 Cannon Sec. Sec. 553-622
Deschler Ch 11
Manual Sec. Sec. 287-309, 698-713

I. Introductory

Sec. 1 . In General

Definitions and Distinctions

The term ``privilege'' arises frequently in the rules governing
the procedures of the House. It may refer to questions of the
privileges of the House, to questions of personal privilege, to the
privilege of Members from arrest, or to the privilege of certain
motions. This chapter focuses on questions of the privileges of the
House and on questions of personal privilege.
Questions of privilege are to be distinguished from privileged
questions. The latter relate merely to the order or priority of
business under the rules of the House, and the former pertain to the
safety and dignity of the House or the integrity of its proceedings or
to the rights or reputation of its Members (3 Hinds Sec. Sec. 2654,
2718). Privileged questions, see Order of Business; Privileged
Business; Manual Sec. Sec. 853-857.
Questions of privilege are classified by rule IX as (1) those
affecting the rights of the House collectively, its safety, dignity,
and the integrity of its proceedings, and (2) the rights, reputation,
and conduct of Members, individually, in their representative capacity
only. This rule, adopted in 1880, was based on procedures that had
been followed in the House as a matter of longstanding custom. 3 Hinds
Sec. 2521. The rule was amended in the 103d Congress to permit the
Speaker to postpone consideration of certain questions of privilege
for up to two legislative days and to designate a time for
consideration within that period. See Sec. 14, infra.
Questions of the privileges of the House are brought before it in
the form of a resolution. Sec. 14, infra. Questions of personal
privilege are raised by a Member from the floor when recognized for
debate for that purpose. Sec. 19, infra.

Privilege of Members From Arrest

Under the Constitution, Senators and Representatives are
privileged from arrest, except for ``treason, felony, and breach of
the peace,'' during attendance at a session and in going to and
returning therefrom. U.S. Const. art. I, Sec. 6. This privilege may be
invoked in cases not covered by the excep

[[Page 719]]

tions, as where there has been an arrest for fraud and delinquency in
connection with a civil proceeding. 3 Hinds Sec. 2676. The exception
has been construed to mean all indictable crimes. 3 Hinds Sec. 2673.
The privilege does not protect a Member from arrest in any criminal
case. Manual Sec. 91. Thus, a Member may be arrested and prosecuted
for a felony specified in a timber protection statute; and the fact
that Congress was in recess at the time of his arrest is no defense.
Williamson v. United States, 207 U.S. 425 (1908). An investigation by
committee of a Member's arrest to determine whether it was in
violation of the privilege may be initiated by resolution. 3 Hinds
Sec. 2673. For more detailed analysis of this privilege, see Deschler
Ch 7 Sec. 18.

Privilege of Speech or Debate

Article I, section 6, clause 1 of the Constitution provides that
Members or Senators ``shall not be questioned in any other place'' for
``any speech or debate in either House.'' This clause precludes
judicial inquiry into the motivation, preparation, and content of a
Member's speech. Manual Sec. 93. All speech, debate, and remarks on
the floor are privileged, as is material inserted in the Congressional
Record by a Member with the consent of the House. Deschler Ch 7
Sec. 16. However, the Supreme Court has upheld a grand jury inquiry
into the possession and nonlegislative use of classified documents by
a Member. Gravel v. United States, 408 U.S. 606 (1972). The Court has
also sustained the validity of an indictment of a Member for accepting
an illegal bribe to perform legislative acts. United States v.
Brewster, 408 U.S. 501 (1972). This clause does not prevent the House
from applying rules relating to ``proper debate'' and from adopting
procedures to deal with transgressions of those rules. Manual
Sec. 303.

Sec. 2 . Precedence of Questions of Privilege

Under rule IX, a question of privilege has been held to take
precedence over all questions except the motion to adjourn. This
precedence is given to both questions of the privileges of the House
and to questions of personal privilege. ``The rights and privileges of
the Members of the House, in the discharge of their functions, are
sacred,'' said Speaker Reed in 1890, ``and the House can undertake no
higher duty than the conservation of all those rights and privileges
intact. Even if the case arises under dubious circumstances, it is
proper for the House to pause and give suitable heed to any question
which any Member raises with regard to his rights and privileges as a
Member.'' 3 Hinds Sec. 2524. Under clause 2 of rule IX, the right to
bring a question of privilege before the House without notice is
restricted.

[[Page 720]]

Manual Sec. Sec. 699, 713. Only the Majority and Minority Leaders can
now raise such a question ``at any time.'' See Sec. 14, infra.
Under rule IX questions of privilege have been held to take
precedence over other business. Manual Sec. 709; 3 Hinds Sec. 2523.
For example:

Reading of messages from the President (which are received but
do not displace the question of privilege). 5 Hinds
Sec. Sec. 6640-6642.
District of Columbia business under clause 4 of rule XV.
Deschler Ch 11 Sec. 5.8.
Calendar Wednesday business under clause 7 of rule XV. 7
Cannon Sec. Sec. 908-910; Deschler Ch 11 Sec. 5.7.
Special orders for the consideration of business. 3 Hinds
Sec. Sec. 2524, 2525, 2554.
Reports from the Committee on Rules. 8 Cannon Sec. 3491.
Motions to resolve into Committee of the Whole. 8 Cannon
Sec. 3461.
Motions to reconsider. 5 Hinds Sec. Sec. 5673-5676.
Motions to suspend the rules. 3 Hinds Sec. 2553; 6 Cannon
Sec. Sec. 553, 565.
Scheduled special-order speeches. Deschler-Brown Ch 29
Sec. 10.75.
Senate amendments undisposed of after rejection of a
conference report. 3 Hinds Sec. 2531.

In general, one question of privilege may not take precedence over
another. 3 Hinds Sec. Sec. 2534, 2552, 2581. The Chair's power of
recognition (and scheduling prerogative under rule IX) determines
which of two matters of equal privilege is considered first. Manual
Sec. 709.
Because only one question of privilege may be pending at a time,
another Member will not be recognized during such time to present
another question of privilege. This stricture includes questions of
personal privilege. Manual Sec. 711; 3 Hinds Sec. 2533; Deschler Ch 11
Sec. 5.4.
A question of privilege loses its privilege when connected with or
amended by a proposition not privileged. 3 Hinds Sec. 2551; 5 Hinds
Sec. 5890.

Precedence Over the Previous Question

The question of privilege takes precedence over the consideration
of a motion for the previous question. Deschler Ch 11 Sec. 5.9. It
supersedes the consideration of a proposition and must be disposed of
first, even where the previous question has been ordered on such
proposition, unless the previous question has been ordered to final
passage under a special order of business prohibiting any intervening
motions. 3 Hinds Sec. Sec. 2522, 2532; 6 Cannon Sec. 561; Deschler Ch
11 Sec. 5.3.

Interruptions

By rising to a question of privilege, a Member may not deprive
another Member of the floor. 5 Hinds Sec. 5002; 8 Cannon
Sec. Sec. 2458, 2528; Deschler

[[Page 721]]

Ch 11 Sec. 23.2. However, the latter may yield time for preliminary
debate on the question. Deschler Ch 11 Sec. 23.3. Such a question may
not interrupt a roll call or yea-and-nay vote. 5 Hinds Sec. Sec. 6051,
6052, 6058; 6 Cannon Sec. Sec. 554, 564.
A question of privilege may interrupt the consideration of a bill
under a special order of business. 3 Hinds Sec. Sec. 2524, 2525. It
has precedence at a time set apart by special order for other
business. 6 Cannon Sec. 560. A question of the privileges of the House
may interrupt the reading of the Journal (Deschler Ch 11 Sec. 5.6),
whereas a question of personal privilege may not (Deschler Ch 11
Sec. 23.1).
A Member's announcement of intent to offer a resolution as a
question of privilege may take precedence over a special order of
business reported from the Committee on Rules. However, where a
special order of business is pending, such announcements are counted
against debate on the resolution absent unanimous consent to the
contrary. Manual Sec. 709.

As Unfinished Business

A question of privilege pending at the time of adjournment becomes
unfinished business on the next day. Deschler Ch 11 Sec. 5.5. It takes
precedence over unfinished business that is privileged under rule XIV
(order of business). Manual Sec. 709.

II. Privilege of the House

A. Basis of Privilege

Sec. 3 . Introductory; What Constitutes a Question of Privilege

Elements Generally

Under rule IX questions of the privileges of the House are those
that affect its rights collectively, ``its safety, dignity, and the
integrity of its proceedings. . . .'' Manual Sec. 698. A question
asserted to involve the privileges of the House must include one or
more of the elements specified by rule IX. Deschler-Brown Ch 31
Sec. 1.53. A Member may not by raising a question of the privileges of
the House attach privilege to a question not otherwise in order under
the rules of the House. Deschler-Brown Ch 29 Sec. 9.58.

Organization of the House and Seating of Members

Questions relating to the organization of the House (1 Hinds
Sec. Sec. 22-24) and the right of Members to their seats (3 Hinds
Sec. Sec. 2579-2587), as well as various questions incidental thereto
(1 Hinds Sec. 322; 2 Hinds Sec. 1207; 3 Hinds

[[Page 722]]

Sec. 2588), have been held to give rise to questions of the privileges
of the House (Manual Sec. 701). The same is true of a proposition
declaring the Office of the Speaker vacant (6 Cannon Sec. 35) and the
resignation of a Member from a select or standing committee (Manual
Sec. 704). A resolution electing a House officer is presented as a
question of privilege. Manual Sec. 701.

Safety and Dignity; Comfort and Convenience

A resolution directing an investigation into the safety of Members
in light of alleged structural deficiencies in the Capitol gives rise
to a question of the privileges of the House, as does a resolution
directing the appointment of a select committee to inquire into fire
safety of the environs of the House. A resolution directing the
Sergeant-at-Arms to alert House personnel of the dangers of electronic
security breaches gives rise to a question of the privileges of the
House. Manual Sec. 705.
Questions relating to the comfort and convenience of Members and
employees have been held to give rise to a question of the privileges
of the House. 3 Hinds Sec. Sec. 2629-2633. For example, a resolution
expressing the sense of the House as to the proper attire for Members
during sessions of the House and a resolution relating to a sanitary
environment for House employees were held to raise a question of
privilege. Manual Sec. 705; 3 Hinds Sec. Sec. 2632, 2633. However,
certain subjects relating purely to the convenience of Members are not
necessarily entertained as privileged. For example, a resolution
authorizing an additional attendant for the Members' bathroom and a
resolution authorizing a new lunchroom for Members were held not to
raise a question of privilege. 3 Hinds Sec. Sec. 2635, 2636.

Integrity of the Legislative Process

Among the subjects giving rise to a question of the privileges of
the House are questions relating to the integrity of its proceedings.
Manual Sec. 704; 3 Hinds Sec. Sec. 2597-2601, 2614. For example:

The presence on the floor of unauthorized persons. 3 Hinds
Sec. Sec. 2624-2626.
The conduct of those in the press gallery. 3 Hinds Sec. 2627.
The integrity of the Journal. 2 Hinds Sec. 1363; 3 Hinds
Sec. 2620.
The protection of House records and files. 3 Hinds Sec. 2659.
The accuracy of House documents and messages. 3 Hinds
Sec. 2613.
The integrity of the Congressional Record. Manual Sec. 704.
The integrity and regularity of an electronic vote. 110-1,
Aug. 3, 2007, p 22769.
The integrity of uninterrupted audio broadcast coverage of
certain House proceedings. Deschler-Brown Ch 29 Sec. 40.10.
An unreasonable delay in transmitting an enrolled bill to the
President. Manual Sec. 704.

[[Page 723]]

The fraudulent introduction of a bill. 4 Hinds Sec. 3388.
The attempted bribery or corruption of Members. 2 Hinds
Sec. 1599; 6 Cannon Sec. 580.
An assault on a committee clerk. 2 Hinds Sec. 1629.
Investigation and report on the impact of a test involving
television coverage of House proceedings. Manual Sec. 684.
Indecorous behavior of a former Member on the floor of the
House and rooms leading thereto. Manual Sec. 680.

The integrity of House proceedings also extends to the activities
of its committees. The following have been the subject of resolutions
raising a question of the privileges of the House:

Use of an allegedly forged document at a committee hearing.
Manual Sec. 704.
The public release of transcripts and other relevant documents
relating to an investigation by a committee's task force of the
operation and management of the Office of the Postmaster.
Manual Sec. 704.
Unilateral release by a committee chair of committee records
in contravention of its rules (adopted ``protocol''). Manual
Sec. 704.
Intentional disregard of House rules and improper use of the
Capitol Police. 108-1, July 23, 2003, p 19155.

A resolution directing a committee to investigate the
circumstances surrounding the publication in a newspaper of a select
committee report, which the House had ordered not to be released, gave
rise to a question of the privileges of the House, because it related
to the integrity of House proceedings and the sanctity of its records.
Deschler-Brown Ch 29 Sec. 18.12.

Effecting Changes in House Rules or Orders

A question of the privileges of the House may not be raised to
effect a change in the rules of the House or their interpretation or
to collaterally attack a rule or order properly adopted by the House
at a previous time, the proper method of reopening the matter being a
motion to reconsider. Manual Sec. 706; Deschler Ch 11 Sec. 3.2. Thus,
a resolution collaterally challenging an adopted rule of the House by
delaying its implementation was held not to give rise to a question of
the privileges of the House. Manual Sec. 706.
Similarly, it has been held that a question of the privileges of
the House may not be raised to:

Collaterally challenge a standing order establishing a joint
meeting for a foreign head of state by withdrawing a pending
invitation and prohibiting future invitations. Manual Sec. 706.
Direct the Speaker to follow certain customs in allowing one-
minute speeches at the beginning of a session. Deschler-Brown
Ch 29 Sec. 10.58.

[[Page 724]]

Permit petitioners seeking redress of grievances to have
access to the House floor. Deschler Ch 24 Sec. 10.2.
Broaden the rule relating to access by Members to committee
records. 95-1, Dec. 6, 1977, p 38470.
Direct that the party ratios of all standing committees,
subcommittees, and staffs thereof be changed within a time
certain to reflect overall party ratios in the House. Deschler-
Brown Ch 31 Sec. 1.51.
Direct a committee to consider certain business, a motion to
that effect not being in order under the rules. Manual
Sec. 706.
Declare a recess to receive a petition. Deschler Ch 11
Sec. 3.1.
Effect a change in conference procedures. Deschler Ch 11
Sec. 3.3.
Direct a standing committee to release executive session
material referred to it. Manual Sec. 706.

A question of the privileges of the House may not be invoked to
prescribe a special order of business for the House, because otherwise
any Member would be able to attach privilege to a legislative measure
merely by alleging impact on the dignity of the House based upon House
action or inaction. For example, the following resolutions were held
not to give rise to a question of the privileges of the House, but
rather were held to be legislative matters to be considered under
ordinary rules relating to priority of business:

Alleging that the inability of the House to enact certain
legislation constituted an impairment of the dignity of the
House, the integrity of its proceedings, and its place in
public esteem, and resolving that the House be considered to
have passed such legislation.
Precluding an adjournment of the House until a specified
legislative measure is considered.
Expressing congressional sentiment that the President take
specified action to achieve a desired public policy even though
involving executive action under a treaty (which it was the
prerogative of the Senate to ratify).
Directing that the reprogramming process established in law
for legislative branch appropriations be subjected to third-
party review for conformity with external standards of
accounting but alleging no deviation from duly constituted
procedure.
Directing the Committee on Rules to report only ``open'' rules
for the consideration of general appropriation bills.

Manual Sec. 706; see also Manual Sec. 702 for a discussion of
legislative propositions purporting to present questions of the
privileges of the House.

The constitutional validity of an existing rule of the House may
not be challenged under the guise of a question of privilege, whether
that existing rule was adopted by separate vote of the House or,
instead, by its vote on the adoption of all of its rules. Manual
Sec. 706.

[[Page 725]]

Sec. 4 . Charges of Illegality or Impropriety

Specific Charges and General Criticism Distinguished

General criticism of the Congress, or the Members of the House,
does not give rise to a question of the privileges of the House.
Deschler Ch 11 Sec. Sec. 8.1, 8.2. A resolution purporting to
establish a committee to investigate vague allegations of ``corruption
in the House'' was held not to give rise to a question of the
privileges of the House. 3 Hinds Sec. 2711. Allegations that are
merely critical of the legislative process, such as charges of
inactivity in regard to a subject reported from committee, are also
insufficient. 93-2, June 24, 1974, pp 21596-98. Similarly, an
allegation of unconstitutional abrogation of a treaty by the President
was held insufficient. Manual Sec. 706. However, an allegation of
criminal conduct by the Congress has been presented as a question of
the privileges of the House, as have charges that the House was being
influenced by mobs or that a committee of the House was engaged in
subversive activities. Deschler Ch 11 Sec. Sec. 8.3, 8.4; 80-2, Mar.
10, 1948, p 2476.

Charges Involving Members

Charges against Members often have been made the basis of a
question of personal privilege. Sec. Sec. 17, 18, infra. Such charges
may also give rise to a question of the privileges of the House where
they involve elements of illegality or criminality so as to impugn the
honor and dignity of the House itself. Thus, charges against Members
of graft (7 Cannon Sec. 911), of abusing the franking privilege (3
Hinds Sec. 2705), of using ``ghost'' employees (Manual Sec. 703), of
improperly attempting to influence a vote (Deschler Ch 11 Sec. 9.1),
of giving away atomic secrets (Deschler Ch 11 Sec. 9.2), and of
illegally soliciting political contributions in a House office
building (99-1, July 10, 1985, p 18397) have given rise to the
privileges of the House. However, a mere allegation that a Member
distributed an unauthorized questionnaire was held insufficient to
give rise to a question of the privileges of the House. Deschler Ch 11
Sec. 9.3.
A question of the privileges of the House may be based on charges
against Members, even though they are not identified by name. 3 Hinds
Sec. 2705.
In 1992, resolutions relating to the operation of the ``bank'' in
the Office of the Sergeant-at-Arms were presented as questions of the
privileges of the House, including a resolution instructing the
Committee on Standards of Official Conduct (now Ethics) to disclose
the names and pertinent account information of Members and former
Members found to have abused the privileges of the ``bank.'' Manual
Sec. 703.

[[Page 726]]

Charges Involving House Officers or Employees

Charges that an officer or employee of the House acted illegally
or improperly may give rise to a question of the privileges of the
House. 3 Hinds Sec. Sec. 2628, 2645-2647; 6 Cannon Sec. 35; Deschler
Ch 11 Sec. 10.3. Thus, a charge that an officer of the House conspired
to influence legislation gives rise to a question of the privileges of
the House. 3 Hinds Sec. 2628. The same is true of an allegation that
an officer of the House made secret motions in certain litigation
without the knowledge of the House (Deschler-Brown Ch 29 Sec. 30.4) or
that an employee appeared in court without authorization as special
counsel for a committee (Deschler Ch 11 Sec. 10.3). Allegations of
improper representation by counsel of the legal position of Members in
a brief and allegations of unauthorized intervention by a committee
employee in judicial proceedings also have given rise to questions of
the privileges of the House. Manual Sec. 703. On the other hand,
merely alleging favoritism by the Speaker in making appointments or
rudeness by the Doorkeeper in removing an occupant of the gallery has
been held not to give rise to a question of the privileges of the
House. Deschler Ch 11 Sec. Sec. 10.1, 10.2.
In the 102d Congress, numerous resolutions relating to the
financial operation of the Office of the Sergeant-at-Arms and the
management of the Office of the Postmaster were presented as questions
of the privileges of the House. Among them were resolutions
terminating all bank and check-cashing operations in the Office of the
Sergeant-at-Arms, directing the Committee on House Administration to
conduct an investigation of the operation and management of the Office
of the Postmaster, and directing the Committee on Standards of
Official Conduct (now Ethics) to investigate alleged violations of
confidentiality by certain staff members. Manual Sec. 703.

Sec. 5 . House Jurisdiction, Powers, and Prerogatives

Issues relating to the jurisdiction of the House or its
prerogatives under the Constitution may give rise to a question of the
privileges of the House. 2 Hinds Sec. Sec. 1480-1537; 6 Cannon
Sec. 315; Deschler Ch 11 Sec. 13. Matters that may be raised under
this rule include jurisdictional questions relating to the prerogative
of the House to originate revenue-raising legislation. 2 Hinds
Sec. Sec. 1480-1501; 6 Cannon Sec. 315; Deschler Ch 11 Sec. 13.1; see
generally Manual Sec. 102. Other similar matters that have given rise
to a question of the privileges of the House include:

The issuance of a court order restraining the publication of a
committee report. Deschler Ch 11 Sec. 13.3.
The disclosure of House records in response to process issued
by a Federal court. Manual Sec. 291a.

[[Page 727]]

Intervention in judicial proceedings concerning the
constitutionality of the one-House veto or other legislative
review provision. 95-1, Nov. 2, 1977, p 366.
The prerogative of the House when a bill has been ``pocket
vetoed.'' Manual Sec. 702.
The affirmative vote necessary to extend the time period for
State ratification of a constitutional amendment. Deschler-
Brown Ch 30 Sec. 1.5.
The constitutional authority of the House with respect to
impeachment propositions. 3 Hinds Sec. Sec. 2045-2048.

However, rule IX is concerned not with the privileges of the
Congress as a legislative branch but only with the privileges of the
House itself. Thus, neither the enumeration of legislative powers in
article I, section 8 of the Constitution nor the prohibition in
article I, section 9 against any withdrawal from the Treasury except
by enactment of an appropriation renders a measure purporting to
exercise or limit those powers a question of the privileges of the
House. Manual Sec. 702.
The revenue-raising prerogative of the House may be raised only
when the House is in possession of the original papers. It may be
raised with respect to a revenue provision that originated in
conference. Manual Sec. 702. The issue may not be raised after the
House has adopted a conference report containing an additional revenue
matter not in either the House or the Senate version. Manual Sec. 702;
Deschler Ch 13 Sec. 14.2.
A resolution alleging that the President unconstitutionally
abrogated a treaty (which is the prerogative of the Senate to ratify),
and calling on the President to seek the approval of Congress prior to
such abrogation, was held not to give rise to a question of the
privileges of the House. Manual Sec. 702.

Contempt Proceedings; Enforcement of Orders and Subpoenas

The power of the House to punish for contempt may be invoked as a
basis for raising a question of the privileges of the House. That
question has been held to arise where contemptuous conduct has been
charged against a Member (2 Hinds Sec. 1641), where a witness has
refused to respond to an order to give testimony (Manual Sec. 299; 3
Hinds Sec. 1666; Deschler Ch 11 Sec. 12), and where a person has been
charged with an offense against the House, such as attempted bribery
(2 Hinds Sec. Sec. 1597, 1599). Committee reports relating to the
refusal of a witness to be sworn or respond to a subpoena duces tecum
in violation of section 192 of title 2, United States Code, likewise
give rise to a question of the privileges of the House when called up
by the reporting committee. Deschler Ch 11 Sec. Sec. 12.2, 12.3.

[[Page 728]]

Sec. 6 . Intervention in Judicial Proceedings

The House sometimes authorizes special appearances on its own
behalf in judicial proceedings relating to the powers and prerogatives
of the House, and resolutions granting the authority to intervene in
such cases may be called up as a question of privilege. The authority
to intervene in judicial proceedings has been granted in cases
involving the constitutionality of the one-House veto (or other
legislative review provision) and the validity and effect of subpoenas
issued by House committees or subcommittees. Manual Sec. 291b; 94-2,
July 1, 1976, p 21852.
As discussed in section 4, supra, charges of improper intervention
in a judicial proceeding by an officer or employee of the House may
give rise to a question of the privileges of the House. As such, the
following resolutions have been held to constitute questions of the
privileges of the House: (1) a resolution alleging unauthorized
actions by a committee employee in intervening in judicial
proceedings; (2) a resolution directing the Clerk to notify interested
parties that the House regretted the use of official resources to
present to the Supreme Court of Florida a legal brief arguing the
unconstitutionality of congressional term limits, and that the House
had no position on that question; and (3) a resolution alleging a
chronology of litigation relating to the immunity of a Member from
civil liability for bona fide official acts and expressing the views
of the House thereon. Manual Sec. 703.
The General Counsel of the House has the duty under clause 8 of
rule II to provide legal assistance and representation to the House.
Manual Sec. 670. The General Counsel is authorized by law to appear in
any proceeding before a State or Federal court (except the United
States Supreme Court) without compliance with admission requirements
of such court. 2 USC Sec. 130f(a). Furthermore, the law requires the
Attorney General to notify the General Counsel of a determination not
to appeal a court decision affecting the constitutionality of an Act.
2 USC Sec. 130f(b).
The House may authorize the Speaker to take any steps the Speaker
considers necessary, including intervention as a party or submission
of briefs amicus curiae, in order to protect the interests of the
House. The House has adopted resolutions authorizing standing or
select committees to make applications to courts in connection with
their investigations. Manual Sec. 291b. The House has directed the
Speaker to certify to the United States Attorney the refusal of While
House officials to produce documents and testify before a House
committee. 110-2, Feb. 14, 2008, p 2190. The House also has authorized
the chair of a subcommittee to intervene in a pending action on behalf
of the subcommittee to obtain information in the possession of a
Federal agency (the FTC). 94-1, Dec. 18, 1975, p 41707.

[[Page 729]]

Sec. 7 . Correcting the Congressional Record; Expungement

The accuracy and propriety of reports in the Congressional Record
may give rise to a question of the privileges of the House. Manual
Sec. 704; 5 Hinds Sec. Sec. 7005-7023; 8 Cannon Sec. Sec. 3461, 3463,
3464; Deschler Ch 11 Sec. 11. Accordingly, a resolution to request the
Senate to expunge from the Congressional Record certain debate
reflecting on the integrity of the House or that is offensive or
otherwise improper may give rise to a question of the privileges of
the House, as may resolutions to expunge from the Record matter
improperly inserted under leave to print. Deschler Ch 11 Sec. 11.
However, neither a question of personal privilege nor a question of
the privileges of the House arises during debate in which offensive
language is used, the remedy being to demand that the objectionable
words be taken down when spoken, pursuant to clause 4 of rule XVII.
Deschler Ch 11 Sec. 27.1. For further discussion of the procedure for
taking down words, see Consideration and Debate.
A resolution to correct inaccuracies in the Congressional Record
is presented as a question of the privileges of the House. 5 Hinds
Sec. 7019; 8 Cannon Sec. 3461; Deschler Ch 11 Sec. 11.9. However, a
resolution to restore to the Record remarks previously deleted by
House order does not present a question of the privileges of the
House, the proper method of reopening the matter being by motion to
reconsider. Deschler Ch 11 Sec. 11.10. A resolution directing the
placement of an asterisk in the Record to indicate alleged factual
inaccuracies in the President's state of the Union address (but not
alleging inaccuracies in transcription) was held not to constitute a
question of privilege. 108-1, Oct. 20, 2003, pp 25255, 25256.

Sec. 8 . Service of Process

Generally

The service of judicial process on a Member, Delegate, Resident
Commissioner, officer, or employee of the House has long been
perceived as a matter relating to the integrity of House proceedings
and as constituting a basis for raising a question of the privileges
of the House. 7 Cannon Sec. 2164; Deschler Ch 11 Sec. Sec. 14.1-14.10.
Rule VIII governs the procedure for House response to a judicial or
administrative subpoena served on such persons. Manual Sec. 697;
Sec. 9, infra.
The privileges of the House are invoked whether the recipient was
served with a summons as a defendant or a subpoena as a witness and
whether service of process was issued by a State or Federal court.
Deschler

[[Page 730]]

Ch 11 Sec. 14. For example, the privileges of the House have been held
to apply to service of process as follows:

Civil actions, criminal proceedings, or courts martial.
Deschler Ch 11 Sec. Sec. 16.7, 16.9, 16.12, 16.17.
Grand jury proceedings. Deschler Ch 11 Sec. 15.
Orders to appear and show cause for the failure to comply with
a prior subpoena. Deschler Ch 11 Sec. 14.9.
Orders to appear for depositions or to answer interrogatories.
Deschler Ch 11 Sec. Sec. 14.10, 16.18.
Preliminary proceedings in criminal cases. Deschler Ch 11
Sec. 14.5.
Administrative proceedings before Federal agencies. Manual
Sec. 697.

Under clause 6(b) of rule VIII, minutes or transcripts of
executive sessions, or evidence received during such sessions, may not
be disclosed or copied in response to a subpoena. A subpoena duces
tecum requesting production of executive session records of a
committee from a prior Congress may be laid before the House pending a
determination as to its propriety. 97-1, Apr. 28, 1981, p 7603.

Service of Process on Officers or Employees

Examples of service of process on officers include those on the
Speaker, the Clerk, and the Sergeant-at-Arms. Deschler Ch 11
Sec. Sec. 16.2-16.4, 16.7-16.9, 16.11. Examples of service of process
on employees include those on current and former employees of a
committee, an employee of the House Republican Conference, and a
former employee of a former House select committee who was subpoenaed
to give a deposition about his recollection of certain executive
session transactions. 93-2, Sept. 30, 1974, p 33020; 94-1, Sept. 23,
1975, p 29824; 97-1, Jan. 22, 1981, pp 694, 695.

Sec. 9 . Procedure in Complying with Process under Rule VIII

Rule VIII provides general authority to a Member, Delegate,
Resident Commissioner, officer, or employee of the House to comply
with a judicial or administrative subpoena or judicial order directing
appearance as a witness, or the disclosure of documents, relating to
the official functions of the House. Such compliance must be
consistent with the rights and privileges of the House. Accordingly,
the Speaker is promptly notified upon service of a subpoena or
judicial order, and the Speaker lays the notification before the
House. Rule VIII does not require the text of the subpoena to be
printed in the Congressional Record. Manual Sec. 697.
Until the 95th Congress, the House would authorize a response to a
subpoena by adopting a resolution raised as a question of the
privileges of the House. This case-by-case approach was changed in the
95th and 96th

[[Page 731]]

Congresses, when general authority was granted to respond to subpoenas
and a procedure was established for automatic compliance without the
necessity of a House vote. This standing authority formed the basis
for the present rule, adopted in the 97th Congress. Manual Sec. 697.

Sec. 10 . -- Resolutions Authorizing or Precluding Response

Although rule VIII establishes a procedure for automatic
compliance with subpoenas without the necessity of a House vote, a
question of the privileges of the House still may be raised to address
the response of the House to a subpoena in any particular case. Manual
Sec. 697. For example, in the 102d Congress, the House considered as
questions of the privileges of the House resolutions responding to a
subpoena for certain records of the House, and to a contemporaneous
request for such records from a special counsel. The resolutions
authorized an officer of the House to release certain documents in
response to the requests from the special counsel. Manual Sec. 703.

Duration of Authorization

Resolutions authorizing a response to a subpoena or other judicial
order are effective only during the Congress in which they are
adopted. If the judicial proceedings in question extend into the next
Congress, it may be necessary to seek another authorizing resolution,
which may be offered as a question of privilege. Deschler Ch 11
Sec. Sec. 18.1, 18.2. An authorization to ensure continuation of
judicial proceedings commenced in a prior Congress has been included
in the opening-day rules package of the next Congress. 111-1, Jan. 6,
2009, p __.

Sec. 11 . -- Conditions or Limitations on Response

Prior to the adoption of rule VIII, when the House authorized a
response to a subpoena by resolution on an ad hoc basis, the House
occasionally imposed various conditions or limitations, such as:

Permitting copies, but not original documents, to be produced.
Manual Sec. 291a; Deschler Ch 11 Sec. 18.
Limiting disclosure to certified copies of relevant documents.
Manual Sec. 291a.
Prohibiting disclosure of information acquired in one's
official capacity. Deschler Ch 11 Sec. 17.6.
Prohibiting disclosure of information not previously made
public. Deschler Ch 11 Sec. 17.10.
Limiting disclosure to certain files and specified documents
and only for inspection and copying. Deschler Ch 11 Sec. 17.9.

[[Page 732]]

Permitting disclosure only on a determination of relevancy.
94-2, Mar. 31, 1976, p 8885.
Permitting disclosure of certain documents but barring
personal appearances. Deschler Ch 14 Sec. 15.14.
Permitting personal appearances but barring production of
certain records. Deschler Ch 11 Sec. 18.
Permitting production of original documents for laboratory
examination but providing for their return. Manual Sec. 291a.
Permitting a Member to respond only when the House is not in
session. 94-1, Dec. 1, 1975, p 37888.

Sec. 12 . Disclosure of Executive-Session Materials

The House traditionally has required that executive-session
materials be released only when specifically permitted by authorizing
resolution. Deschler Ch 11 Sec. 18.4. This practice is continued under
clause 6(b) of rule VIII, which states that under no circumstances
shall any minutes or transcripts of executive sessions, or any
evidence of witnesses in respect thereto, be disclosed or copied.
Manual Sec. 697. Before the adoption of rule VIII, the House by
resolution asserted the privileges of the House against the release of
executive-session materials or permitted the disclosure only after a
judicial finding of relevancy. Manual Sec. 291a.

Sec. 13 . Providing for Legal Counsel

Statutory Authorization

Legal counsel, through the Department of Justice, is available to
an officer of the House (but not its Members) to defend the officer
against actions brought against such officer while discharging
official duties or executing an order of the House. The district
attorney for the district where the action is brought is directed on
request to enter an appearance on behalf of the officer. 2 USC
Sec. 118. This procedure has been followed in actions involving the
House, the Speaker, the chair of the Committee on Rules, the Clerk,
and the Sergeant-at-Arms. Manual Sec. 291b; Deschler Ch 11 Sec. 16.

Authorization by Resolution

Occasionally, the House has authorized by resolution the
appointment of special counsel to represent an officer or Member or
employee who has been served with process. Such a resolution
ordinarily is presented as a

[[Page 733]]

question of the privileges of the House. Deschler Ch 11
Sec. Sec. 19.1, 19.3. Pursuant to such a resolution, the House has
authorized:

The Speaker to appoint or retain counsel to represent the
House and its employees. Deschler Ch 11 Sec. 19.1.
The chair of a committee, with the approval of the Speaker, to
retain special counsel. Manual Sec. 291b.
The Sergeant-at-Arms, with the approval of the Speaker and the
chair of the Committee on House Administration, to retain
special counsel. Manual Sec. 291b.
The retention of special counsel to represent the interests of
a subcommittee. Manual Sec. 291b.
The retention of special counsel to represent members of a
committee and its employees. Deschler Ch 11 Sec. 19.2.

Representation by General Counsel

Clause 8 of rule II provides for an Office of General Counsel to
provide legal assistance and representation to the House. The office
assists and provides representation to Members, committees, officers,
and employees in complying with legal process under rule VIII.

B. Consideration

Sec. 14 . Raising and Presenting the Question

In the House; Use of Resolutions

Questions of the privileges of the House are brought before the
House in the form of a resolution. 3 Hinds Sec. 2546; 8 Cannon
Sec. 3464; Deschler Ch 11 Sec. 4.2. Under rule IX such a resolution is
privileged when called up by any Member. 3 Hinds Sec. 2536; Sec. 2,
supra. However, its privilege is subject to a two-day notice
requirement for Members other than the Majority Leader or the Minority
Leader, which must include an announcement of the form of the
resolution. Such announcement may be dispensed with by unanimous
consent. Manual Sec. 699. The Speaker designates the time for
consideration within two legislative days after the announcement,
which may include immediate consideration. Under rule IX the Majority
and Minority Leaders may offer the resolution at any time, yielding
only to the motion to adjourn. Manual Sec. 699. The form of the
announcement follows:

Form

Member (other than Majority or Minority Leader): M_. Speaker,
pursuant to clause 2(a)(1) of rule IX, I rise to give notice of my
intent to raise a question of the privileges of the House. The form
of the resolu

[[Page 734]]

tion is as follows: [Note: The Member may read the resolution in
full or may ask unanimous consent to dispense with the reading.]
Speaker: Under rule IX, a resolution offered from the floor by a
Member other than the Majority Leader or the Minority Leader as a
question of the privileges of the House has immediate precedence
only at a time designated by the Chair within two legislative days
after the resolution is properly noticed. Pending that designation,
the form of the resolution noticed by the gentle__ from ___ will
appear in the Record at this point. The Chair will not at this point
determine whether the resolution constitutes a question of
privilege. That determination will be made at the time designated
for consideration of the resolution.

The form of calling up the resolution follows:

Form

Member: M_. Speaker, I rise to a question of the privileges of the
House, and offer the resolution previously noticed.
Speaker: The Clerk will report the resolution. [Clerk reports the
resolution in full. Manual Sec. 713.]
Speaker: The resolution qualifies.
[Or]
Speaker: Does the gentle___ wish to present argument on why the
resolution is privileged under rule IX to take precedence over other
questions?
[Or]
Opponent: M_. Speaker, I make a point of order that the gentle___
does not present a question of privilege.
Speaker: The Chair will entertain argument as to whether the
resolution constitutes a question of privilege.

Under rule IX, a question of the privileges of the House having
been raised, the Speaker initially decides whether the question
presented constitutes a question of the privileges of the House, and
rules as to the validity of the question raised. Manual Sec. 713;
Deschler Ch 11 Sec. Sec. 6.1, 6.2. The Speaker makes this decision at
the time the question of privilege is called up, not at the time
notice is given. Manual Sec. 713. Appeal may be taken from the Chair's
ruling, however, because the final determination as to the validity of
the question rests with the House. Deschler Ch 11 Sec. 6.3.
The question having been properly raised on the floor by a Member,
the Speaker must entertain the question and rule on its admissibility.
2 Hinds Sec. 1501; 3 Hinds Sec. Sec. 2648-2650; Deschler Ch 11 Sec. 1;
6 Cannon Sec. 35. If the matter is not admissible as a question of the
privileges of the House, the Speaker may refuse recognition. Deschler
Ch 11 Sec. 6.1.
The resolution must show a prima facie breach of the privileges of
the House. The mere statement that the privileges of the House have
been violated does not present a question of privilege. Deschler Ch 11
Sec. 4.1.

[[Page 735]]

A question of privilege may not be presented during a call of the
House in the absence of a quorum unless it relates to the immediate
proceedings. 3 Hinds Sec. 2545. A Member's announcement of intent to
offer a resolution as a question of privilege may take precedence over
a special order of business reported from the Committee on Rules.
However, where a special order of business is pending, such
announcements are counted against debate on the resolution absent
unanimous consent to the contrary. Manual Sec. 709.

In Committee of the Whole

A question of the privileges of the House may not be raised in the
Committee of the Whole. Deschler Ch 11 Sec. 4.3. A breach of the
privilege in the Committee of the Whole relates to the dignity of the
House and, if such breach is raised, the Committee rises and reports
to the House. 2 Hinds Sec. 1657. Without the Committee's report to the
House, the question of privilege cannot be raised in the House. 4
Hinds Sec. 4912.

Sec. 15 . Debate; Disposition

A resolution offered under rule IX is read in full. Manual
Sec. 700. A Member offering the resolution is recognized under the
hour rule. Deschler Ch 11 Sec. 7.1. Under clause 2(a) of rule IX, the
hour allotted for debate on a resolution offered from the floor as a
question of the privileges of the House must be equally divided
between the proponent of the resolution and the Majority Leader or the
Minority Leader or a designee, as determined by the Speaker. Manual
Sec. 699. Members must confine remarks in debate to the question
raised. Deschler Ch 11 Sec. 7.2.
A question of the privileges of the House is subject to
disposition by the ordinary motions permitted under clause 4 of rule
XVI (Manual Sec. 709), including:

The motion to lay on the table. 5 Hinds Sec. 5438; 6 Cannon
Sec. 560.
The motion for the previous question. 5 Hinds Sec. 5460; 8
Cannon Sec. 2672; Deschler Ch 11 Sec. 7.3.
The motion to postpone. 3 Hinds Sec. 2536.
The motion to refer (or to commit) to committee. Manual
Sec. 713; 8 Cannon Sec. 3461; Deschler Ch 11 Sec. 7.4.

Tabling a resolution raising a question of the privileges of the
House is considered a final adverse disposition of that resolution,
although the question may be rephrased and presented anew or reoffered
on a subsequent day. 5 Hinds Sec. 5438. Any appeal from a decision by
the Speaker disposing of the question is likewise subject to the
motion to lay on the table. Deschler Ch 11 Sec. 6.3.

[[Page 736]]

A committee report that is submitted as a matter involving the
privileges of the House may be considered on the same day reported,
notwithstanding the three-day availability rule under clause 4(a) of
rule XIII. Deschler Ch 11 Sec. 5.10. A proposition to discharge a
committee from a question of privilege is itself privileged. 3 Hinds
Sec. 2709.
A resolution that presents a proper question of the privileges of
the House (alteration of subcommittee hearing transcripts) may propose
the creation of a select investigatory committee with subpoena
authority to report back to the House by a certain date. Manual
Sec. 704.

III. Personal Privilege

A. Basis of Privilege

Sec. 16 . In General

Under clause 1 of rule IX, questions of personal privilege are
defined as those that affect the ``rights, reputation, and conduct''
of individual Members in their representative capacity. Under this
rule, a Member may rise to a question of personal privilege from the
floor to respond to criticism of integrity in such Member's
representative capacity. Manual Sec. Sec. 708, 711. A statement
challenging the integrity of an official transcript of a committee
hearing, thus impugning the integrity of those Members responsible for
its preparation, has given rise to a question of personal privilege.
Deschler Ch 11 Sec. 25.2. However, charges that do not involve the
Member in a representative capacity, such as charges relating to
conduct before becoming a Member, do not give rise to a question of
personal privilege. 3 Hinds Sec. Sec. 2691, 2723, 2725.
To give rise to a question of personal privilege, the criticism
must reflect directly on the Member's integrity or reputation.
Deschler Ch 11 Sec. 24.1. Mere statements of opinion about or general
criticism of a Member's actions, voting record, or views, do not
constitute grounds for a question of personal privilege. 3 Hinds
Sec. Sec. 2712-2714; Deschler Ch 11 Sec. Sec. 24.2, 24.3. Thus, a
charge that a Member's actions amount to a ``public scandal,'' even
when made by the President (6 Cannon Sec. 525), or that a Member
distributed certain improper questionnaires (Deschler Ch 11
Sec. 24.1), or that a Member filed a minority report that had been
written by employees of a political party (Deschler Ch 11 Sec. 24.4),
does not give rise to a question of personal privilege.
Published charges relating to the House or the Members generally
or to ``persons advocating'' a certain measure, with no Member being
named

[[Page 737]]

or otherwise identified, do not give rise to a question of personal
privilege. Deschler Ch 11 Sec. Sec. 33.1-33.3.
A question of privilege may not be used to collaterally attack the
rules or orders of the House. A refusal by those in charge of the time
for general debate on a bill to allot time to a Member does not give
that Member grounds for a question of personal privilege. Deschler Ch
11 Sec. 24.

Sec. 17 . Charges by a Fellow Member; Words Used in Debate

Generally

Statements off the floor by a Member accusing another Member of
lying or intentionally making a false statement may give rise to a
question of personal privilege. Similarly, statements by a Member
impugning another Member's motives or veracity, accusing another
Member of traitorous acts, of gross political interference with a
government contract, of an abuse of personal power, or of sponsoring a
smear campaign may give rise to a question of personal privilege. 3
Hinds Sec. 2717; Deschler Ch 11 Sec. Sec. 26.2-26.8. It is not
necessary that the Member be identified by name if it is clear from
other sources that the reference was to a particular Member. 3 Hinds
Sec. 2709; 6 Cannon Sec. Sec. 616, 617; Deschler Ch 11 Sec. 26.1.

Words Uttered in Debate or Inserted in the Congressional Record

A question of personal privilege may not be based on language
uttered on the floor of the House in debate or conveyed by an exhibit
used in debate, the remedy being a timely demand that the
objectionable words be taken down when spoken. Manual Sec. 708; 8
Cannon Sec. 2537; Deschler Ch 11 Sec. 27.1; see generally
Consideration and Debate. However, a Member may base such a question
on objectionable remarks inserted under leave to revise and extend
remarks. 8 Cannon Sec. 2537; Deschler Ch 11 Sec. Sec. 27.2-27.5. A
Member may also base such a question on press accounts of remarks
uttered on or off the floor impugning such individual's character or
personal motives. Manual Sec. 708. Charges reflecting on a Member's
integrity or reputation, inserted in the Congressional Record by a
Senator, also may give rise to a question of personal privilege.
Deschler Ch 11 Sec. Sec. 27.6-27.9.

Sec. 18 . Charges in the Press

Generally

Criticism of a Member in the press may give rise to a question of
personal privilege where the criticism reflects on integrity or
conduct in a representative capacity. Deschler-Brown Ch 29 Sec. 10.75.
However, vague charges in newspaper articles (6 Cannon Sec. 570),
criticisms (3 Hinds Sec. Sec. 2712-

[[Page 738]]

2714), or even misrepresentations of the Member's speeches or acts or
responses in an interview have been held insufficient grounds (Manual
Sec. 708; 3 Hinds Sec. Sec. 2707, 2708). The mere allegation that
there has been a violation of the rules of the House, such as that
votes have been improperly paired or that a bill has been placed on
the incorrect calendar, does not give rise to a question of personal
privilege. 3 Hinds Sec. 2616; 8 Cannon Sec. 3094. However, where the
allegation impugns a Member's character or motives or reflects on
reputation or integrity, a question of personal privilege may arise.
Deschler-Brown Ch 29 Sec. 60.27. For example, language in a newspaper
asserting that a Member would divide the Nation and that he was a
spokesman for the forces of betrayal was held to involve a question of
personal privilege. Deschler Ch 11 Sec. 31.3. Charges that a Member is
a fascist sympathizer or that he has engaged in conduct inimical to
the national security also have given rise to questions of personal
privilege. Deschler Ch 11 Sec. Sec. 31.4-31.18. Other charges in the
press that have given rise to a question of personal privilege include
allegations of:

Misuse of public funds. Deschler Ch 11 Sec. 30.1.
Conflict of interest. Deschler Ch 11 Sec. Sec. 30.6, 30.7.
Deceptive or disgraceful conduct reflecting on the House.
Deschler Ch 11 Sec. Sec. 30.2, 30.15, 30.16.
Dereliction of duties. Deschler Ch 11 Sec. 30.3.
Confiscation of evidence. Deschler Ch 11 Sec. 30.4.
Unworthy motives in taking certain legislative action. 6
Cannon Sec. 576; 8 Cannon Sec. 2216.
Improper conduct in agency dealings. Deschler Ch 11
Sec. 30.17.
Abuse of the franking privilege. Deschler Ch 11 Sec. 30.18.
Engagement in improper lobbying activities. Deschler Ch 11
Sec. 30.6.
Introduction of legislation in which the Member had a personal
interest. Deschler Ch 11 Sec. 30.7.
Wrongful claim of ``out of pocket'' expenses in a fundraising
activity. 94-2, Feb. 23, 1976, p 4062.

Criticism of Committee Activities

Criticism impugning the motives or actions of a chair or member of
a committee may give rise to a question of personal privilege.
Deschler Ch 11 Sec. 30.11. Thus, a Member has been recognized to rise
to a question of personal privilege to respond to the following press
charges:

Allegation of improper disposition of classified documents
from committee files. 94-2, Mar. 9, 1976, p 5825.
Allegations of abuse of power or improper action in carrying
out committee responsibilities. Deschler Ch 11 Sec. Sec. 30.8-
30.14.
Allegation of improper hire of staff who did no work for the
committee. 94-2, May 25, 1976, p 15344.

[[Page 739]]

Denigration of Member in televised committee proceedings.
Manual Sec. 708.
Allegation that a committee chair had been buying votes.
Manual Sec. 708.

Normally, however, a question concerning charges as to the
propriety of committee procedure, as distinct from charges against the
Member's conduct in a representative capacity, should be raised as a
question of the privileges of the House, assuming that the dignity and
integrity of the House proceedings are at issue.

Charges of Illegality

Charges in the press that a Member did something illegal in such
Member's representative capacity give rise to a question of personal
privilege. 3 Hinds Sec. 1829; Deschler Ch 11 Sec. Sec. 29.1, 29.3.
Such a question has arisen on publication of charges that a Member
committed the following acts:

Treason or sedition. Deschler Ch 11 Sec. 29.6.
Forgery. Deschler Ch 11 Sec. 29.2.
Corruption and bribery. 3 Hinds Sec. 1830.
Criminal conspiracy or perjury. Deschler Ch 11 Sec. 29.5.
Tax evasion and irregularities. Deschler Ch 11 Sec. Sec. 29.4,
29.5.
Violation of the securities laws. 95-2, June 2, 1978, p 16056.

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 (now Ethics); and, pending the
committee's disposition of his motion to dismiss, announced his
intention to resign as Speaker and as a Member. Speaker Gingrich rose
to a question of personal privilege to discuss his own official
conduct previously resolved by the House. A committee chair rose to a
question of personal privilege to discuss his own official conduct,
which question was based on a letter of reproval reported by the
Committee on Standards of Official Conduct (now Ethics). Manual
Sec. 708. A committee chair rose to a question of personal privilege
to discuss alleged violations of Federal tax law. 110-2, Sept. 10,
2008, p 18419.

Charges of Impropriety

A charge of vote-selling in a conflict-of-interest case or
involvement with an organization being investigated by a Senate
committee or of conduct characterized as reprehensible has given rise
to a question of personal privilege. Deschler Ch 11 Sec. Sec. 28.1-
28.3. Speaker Hastert rose to a question of personal privilege to
respond to charges of impropriety in his selection of a Chaplain.
Manual Sec. 708.
The publication of vague charges accusing Members of impropriety,
however, does not give rise to a question of personal privilege or of
the privileges of the House. 3 Hinds Sec. 2711. No question of
personal privilege

[[Page 740]]

was held to arise from the publication of remarks attributed to a
Member who denied making them. 3 Hinds Sec. 2708.

Charges Impugning Veracity

Published charges that a Member made a false statement may give
rise to a question of personal privilege. 3 Hinds Sec. 2718; Deschler
Ch 11 Sec. Sec. 32.1, 32.2. For such a charge to give rise to this
question of privilege, however, it must be alleged that the Member
made a false statement knowingly, with intent to deceive. 3 Hinds
Sec. 2721. A mere difference of opinion over a factual matter, where
there is no intent to deceive, does not give rise to a question of
personal privilege. 3 Hinds Sec. Sec. 2720, 2721.

B. Consideration

Sec. 19 . Raising the Question; Procedure

Unlike questions of the privileges of the House, which must be
raised by resolution, questions of personal privilege are ordinarily
raised orally. Deschler Ch 11 Sec. 20.
The Member, before proceeding with debate on a question of
personal privilege, must state to the Speaker the grounds on which the
question is based. Deschler Ch 11 Sec. 21.1. In ruling on the
question, the Speaker may insist that the offending material, if
published, be submitted for examination. Compare Deschler Ch 11
Sec. 21.2 with Sec. 21.3.

Member: M_. Speaker, I rise to a question of personal privilege.
Speaker: The gentle___ will state the question of personal
privilege. . . .
[Or]
Speaker: The Chair is aware of valid bases for the gentle___'s
question of personal privilege. The gentle___ is recognized for one
hour.

In Committee of the Whole

Questions of personal privilege are raised in the House, not in
the Committee of the Whole. Deschler Ch 11 Sec. 21.4. Early precedents
suggest, however, that a question of personal privilege may be raised
in the Committee of the Whole if the matter in issue arose during the
Committee proceedings. 3 Hinds Sec. Sec. 2540-2544. A question of
personal privilege alleged to have arisen in the Committee of the
Whole cannot be raised in the House unless the matter was reported to
it by the Committee. Manual Sec. 711; 4 Hinds Sec. 4912; see also
Sec. 17, supra, for a discussion that words spoken in debate do not
give rise to a question of personal privilege.

[[Page 741]]

Sec. 20 . Debate on the Question

Debate on a question of personal privilege is ordinarily under the
hour rule. 5 Hinds Sec. 4990; 8 Cannon Sec. 2443; Deschler Ch 11
Sec. 22.1. The Member recognized on the question controls the hour.
Manual Sec. 713. A Member wishing to respond to another Member's
debate on a question of personal privilege may do so in a special-
order speech. Deschler Ch 11 Sec. 22.2.
In rising to a question of personal privilege, the Member should
confine all remarks to the statements or issues giving rise to the
question. Manual Sec. 713; 5 Hinds Sec. Sec. 5075, 5076. However, the
Member is entitled to discuss related matters necessary to challenge
the charge that has been made against such Member. Deschler Ch 11
Sec. 22.5. Members should limit their remarks to the matter concerning
themselves personally, and should not use debate time to level charges
against other Members. 5 Hinds Sec. 5078; 8 Cannon Sec. Sec. 2481-
2483. Remarks should be kept within limits consistent with the spirit
of the rule, and Members may not use the privilege as a vehicle for
discussions not otherwise in order. 8 Cannon Sec. 2448.
In lieu of raising a question of personal privilege, a Member may
use a one-minute or special-order speech to respond to the charge or
allegation. Deschler Ch 11 Sec. 22.4. Another option available to the
Member is merely to insert remarks in the Congressional Record,
without using debate time. 94-2, Feb. 23, 1976, p 4062.

[[Page 743]]

CHAPTER 43
QUORUMS

HOUSE PRACTICE

A. Generally; Quorum Requirements

Sec. 1. In General
Sec. 2. What Constitutes a Quorum
Sec. 3. Business Requiring a Quorum; Effect of Quorum Failure
Sec. 4. Motions Requiring a Quorum
Sec. 5. The Count to Determine a Quorum

B. Points of Order of No Quorum

Sec. 6. When in Order; Former and Modern Practice Distinguished
Sec. 7. Objections to Vote Taken in Absence of Quorum
Sec. 8. Timeliness and Diligence in Raising Objections
Sec. 9. When Dilatory; Effect of Prior Count
Sec. 10. Withdrawal of Point of Order

C. Quorum Calls

Sec. 11. In General
Sec. 12. The Motion for a Call
Sec. 13. The Call to Compel Attendance of Absent Members
Sec. 14. The Automatic Call
Sec. 15. Use of Electronic Equipment
Sec. 16. Names Published and Recorded on a Call
Sec. 17. Quorum Calls in Committee of the Whole
Sec. 18. Motions in Order During the Call
Sec. 19. Securing Attendance; Arrests
Sec. 20. Dispensing With Further Proceedings
Research References
U.S. Const. art. I, Sec. 5
4 Hinds Sec. Sec. 2884-3055
6 Cannon Sec. Sec. 638-707
Deschler Ch 20
Manual Sec. Sec. 982, 1014-1029

[[Page 744]]

A. Generally; Quorum Requirements

Sec. 1 . In General

Constitutional Requirements and the House Rules

Under the Constitution, a majority of each House constitutes a
quorum to do business, although a smaller number may adjourn from day
to day or compel the attendance of absent Members. U.S. Const. art. I,
Sec. 5, cl. 1. Because the presence of a quorum is a constitutional
requirement, and because a point of order of no quorum is the only
method available to a Member to enforce that requirement, the Speaker
has been reluctant to withhold recognition for a point of order of no
quorum when raised in accordance with the rules of the House. Deschler
Ch 20 Sec. Sec. 14.2, 14.3. Quorum requirements for committees, see
Committees.
The Constitution does not further define those legislative
proceedings that are to constitute ``business'' for purposes of the
quorum requirement. ``Business'' in this context has become a term of
art that, under the House rules and precedents, does not encompass all
parliamentary proceedings. For example, the prayer, administration of
the oath, and certain motions incidental to a call of the House do not
constitute business requiring a quorum. Deschler Ch 20 Sec. 18 (note
10). Indeed, clause 7(a) of rule XX specifically prohibits the
entertainment of a point of order of no quorum unless a question has
been put to a vote. See Sec. 3, infra. The House has determined by
adopting such a rule that the mere conduct of debate, where the Chair
has not put the pending proposition to a vote, is not conducting
``business'' under article I, section 5, clause 1 of the Constitution.
Because the adoption of such a rule is viewed by the House as a proper
exercise of its rule-making authority under article I, section 5,
clause 2 of the Constitution, there is no constitutional basis for a
point of order of no quorum during debate in the House. Manual
Sec. 1029.

Presumptions as to the Presence of a Quorum

A quorum is presumed to be present unless a point of no quorum is
entertained and the Chair announces that a quorum is in fact not
present or unless the absence of a quorum is disclosed by a vote or by
a call of the House. Deschler Ch 20 Sec. 1. Although it is not the
duty of the Chair to take cognizance of the absence of a quorum unless
otherwise disclosed, failure of a quorum to participate in a record
vote cannot be ignored. The Chair must announce that fact although it
was not objected to from the floor. 4 Hinds Sec. Sec. 2953, 2963; 6
Cannon Sec. Sec. 565, 624; Deschler Ch 20 Sec. 1.

[[Page 745]]

Sec. 2 . What Constitutes a Quorum

A quorum of the House is defined as a majority of those Members
sworn and living, whose membership has not been terminated by
resignation or by House action. Manual Sec. 53; 4 Hinds
Sec. Sec. 2889, 2890; 6 Cannon Sec. 638; Deschler Ch 20 Sec. 1;
Sec. 5, infra. Thus, when there are no vacancies, a quorum to do
business is 218 Members. When the membership has been reduced by
reason of death, resignation, expulsion, disqualification, or removal
to 432, a quorum to do business is 217 Members. 94-2, June 18, 1976, p
19312. This long-standing practice was codified in the 108th Congress
by adoption of clause 5(c) (now 5(d)) of rule XX. Clause 5(d) also
requires the Speaker to announce the reduced whole number of the
House, which is not subject to appeal. In the case of a death, the
Speaker may lay before the House such documentation from Federal,
State, or local officials deemed pertinent.
Clause 5(c) of rule XX provides for the calculation of a
``provisional'' quorum should catastrophic circumstances prevent
Members from responding to a quorum call. Such catastrophic
circumstances include ``natural disaster, attack, contagion or similar
calamity rendering Representatives incapable of attending the
proceedings of the House.'' Clause 5(c)(4)(A). In such circumstances,
Members who are able to respond to a call of the House constitute the
``provisional number of the House'' and a quorum is determined on the
basis of this number. Manual Sec. 1024a.
Under clause 6(a) of rule XVIII, a quorum in the Committee of the
Whole is 100 Members. Manual Sec. 982. The quorum required in the
House as in the Committee of the Whole is a quorum of the House and
not a quorum of the Committee of the Whole. 6 Cannon Sec. 639.

Sec. 3 . Business Requiring a Quorum; Effect of Quorum Failure

In General

In Jefferson's time, the Speaker did not take the Chair until a
quorum for business was present. Manual Sec. 310. Under the early
practice, a quorum was required during debate (4 Hinds Sec. Sec. 2935-
2939) and for other routine activities of the House, such as the
reading of the Journal (4 Hinds Sec. 2733), the consideration of
committee reports (4 Hinds Sec. 2947), and the calling up of measures
(4 Hinds Sec. 2943).
Under the modern practice, the Speaker takes the Chair at the hour
to which the House has adjourned, and there is no requirement that the
House proceed immediately to establish a quorum. Manual Sec. Sec. 310,
621. Although the Speaker has the authority to recognize for a motion
for a call of the

[[Page 746]]

House at any time, a point of order of no quorum does not lie in the
House unless the Speaker has put the pending question to a vote.
Clause 7(a) of rule XX; Manual Sec. 1027; Sec. 12, infra. Accordingly,
for example, the Chair may not entertain a point of order of no quorum
during debate in the House or during the offering of the prayer or the
administration of the oath.
The pendency of a unanimous-consent request in the House is not
equivalent to the Chair's putting a pending question to a vote and
does not permit a point of order of no quorum under clause 7(a) of
rule XX. Deschler-Brown Ch 29 Sec. 23.13.

Business Precluded in Absence of Quorum

The House cannot conduct business after the absence of a quorum
has been announced. Manual Sec. 55; Deschler Ch 20 Sec. Sec. 1.5,
10.4. This includes business by unanimous consent. Manual Sec. 1025.
Even the Member who made the point of order of no quorum cannot then
withdraw it by unanimous consent, as such a request would constitute
business. 4 Hinds Sec. Sec. 2928-2931; 6 Cannon Sec. 657; Deschler Ch
20 Sec. 10.4 (note). For example, where the announced absence of a
quorum has resulted in a vote by the yeas and nays under clause 6 of
rule XX, the House may not, even by unanimous consent, vacate the vote
in order to conduct another voice vote in lieu of the record vote.
When the House authorizes the Speaker under clause 5 of rule XX to
compel the attendance of absent Members, the Speaker requests the
Sergeant-at-Arms to proceed with necessary and efficacious steps to
secure a quorum. The Speaker then announces that, pending the
establishment of a quorum, no further business, including unanimous-
consent requests for recess authority, may be entertained. Manual
Sec. 1025.
If a quorum does not respond on a call of the House or on a record
vote, even the most highly privileged business must terminate. 4 Hinds
Sec. 2934; 6 Cannon Sec. 662. The House then has only two
alternatives: to adjourn or to continue the proceedings under a
pending call of the House until a quorum of record is obtained.
Deschler Ch 20 Sec. Sec. 10.10-10.12. If a call of the House is
ordered, the House must first secure a quorum before disposing of the
pending matter de novo. Deschler Ch 20 Sec. Sec. 10.5-10.7.
For a discussion of quorum failures due to catastrophic
circumstances, see Sec. 2, supra.

[[Page 747]]

Sec. 4 . Motions Requiring a Quorum

In General

Under clause 7(a) of rule XX, the putting of a question to a vote
triggers the admissibility of a point of order of no quorum, thereby
permitting the Speaker to entertain a point of order of no quorum if
the motion is one that requires a quorum for adoption. Manual
Sec. 1027. Thus, a Member may make a point of order of no quorum when
the Speaker has put the question on a motion to suspend the rules.
However, where the Speaker postpones further proceedings on a motion
to suspend the rules, the question is no longer being put to a vote
for purposes of permitting a point of order of no quorum until the
question recurs as unfinished business. Manual Sec. 1026.

Motions Incident to a Call of the House

The motion for a call of the House, or a motion incidental to a
call of the House, does not require a quorum for adoption. Manual
Sec. 1025; Deschler Ch 20 Sec. 2.8. Under clause 7(b) of rule XX,
further proceedings are considered dispensed with when a quorum is
established pursuant to the call unless the Speaker recognizes for a
motion to compel attendance of Members. Manual Sec. 1028. For a
discussion of motions in order during a call of the House, see Manual
Sec. 1024.

The Motion to Adjourn

A quorum is not required on an affirmative vote on a simple motion
to adjourn. Deschler Ch 20 Sec. Sec. 8.7, 8.8. However, a point of no
quorum on a negative vote on adjournment is in order and, if
sustained, precipitates a call of the House. Manual Sec. 1025; 6
Cannon Sec. 700; Deschler Ch 20 Sec. 8.13.
A quorum is required for the adoption of a motion that when the
House adjourns that day it adjourn to a day and time certain. Manual
Sec. 913. A quorum also is required on a concurrent resolution
providing for adjournment sine die but not on a motion to adjourn that
implements such a concurrent resolution. Deschler Ch 20 Sec. Sec. 8.9,
8.10.

The Motion to Rise

A quorum is not required on an affirmative vote on a simple motion
that the Committee of the Whole rise (see Sec. 6, infra), but a
negative voice vote or division vote permits a point of no quorum
pending the demand for a recorded vote. See Deschler Ch 20 Sec. 16.7.
A quorum is required on an affirmative vote on a motion to rise and
report. 4 Hinds Sec. 2973.

[[Page 748]]

Sec. 5 . The Count to Determine a Quorum

Counting Those Present Together With Those Voting

Until 1890 the view prevailed in the House that it was necessary
for a majority of the Members to vote on a matter submitted to the
House in order to satisfy the constitutional requirement for a quorum.
Under that practice the opposition might break a quorum simply by
refusing to vote. 4 Hinds Sec. 2977. That practice was changed in 1890
with the historic ruling by Speaker Reed, later embodied in clause
4(b) of rule XX, that Members present in the Chamber but not voting
would be counted in determining the presence of a quorum. Manual
Sec. 1020; 4 Hinds Sec. 2895; Deschler Ch 20 Sec. 3. This ruling was
upheld by the Supreme Court in United States v. Ballin, 144 U.S. 1
(1892), the Court declaring that the authority of the House to
transact business is ``created by the mere presence of a majority.''
Since 1890, the point of order as to the absence of a quorum is that
no quorum is present, not that no quorum has voted. 4 Hinds Sec. 2917.
A quorum may be expressed as a fraction in which the numerator is
the number of Members who are present and the denominator is the
number of Members who are extant. As the issue in Ballin was Speaker
Reed's method of counting the number of Members present, the decision
of the Supreme Court addressed the numerator of this fraction. In
dictum the Court examined the question ``how shall the presence of a
majority be determined?'' and observed that, because the Constitution
does not prescribe any method for determining the presence of such
majority, it is within the competency of the House ``to prescribe any
method which shall be reasonably certain to ascertain the fact.'' In
1906, consistent with the dictum in Ballin, Speaker Cannon employed
the still-current method of counting the number of Members extant.
After reviewing the perspectives of his predecessors across the 19th
century and with special regard for the considered judgment of the
Senate on the same question (Senate rule VI), Speaker Cannon held that
once the House is organized for a Congress ``a quorum consists of a
majority of those Members chosen, sworn, and living, whose membership
has not been terminated by resignation or by the action of the
House.'' 4 Hinds Sec. 2890; 6 Cannon Sec. 638.
Under clause 5(d) of rule XX (adopted in the 108th Congress), upon
the death, resignation, expulsion, disqualification, or removal of a
Member, the Speaker announces any adjustment to the whole number of
the House. Such an announcement is not subject to appeal. In the case
of a death, the Speaker may lay before the House such documentation
from Federal, State, or local officials deemed pertinent. See Sec. 2,
supra.

[[Page 749]]

Method of Counting

Speaker Reed also ruled in 1890 that it was the function of the
Speaker to determine the presence of a quorum in such manner
determined to be accurate and suitable by the Chair's own count or by
various other methods. 4 Hinds Sec. 2932. Under rule XX, the Speaker
may direct the use of the electronic system in the Chamber to record
the names of the Members voting or present. Manual Sec. 1014. In lieu
of using the electronic system (if, for example, there is a
malfunction in the electronic system), the Speaker has the discretion
to direct that the presence of Members be recorded by clerks or direct
that a quorum call be taken by an alphabetical call of the roll.
Manual Sec. Sec. 1015, 1019.
Under clause 4(b) of rule XX, the Chair may count Members who are
present and do not vote as follows:

Members who are visible, including those behind the railing.
Deschler Ch 20 Sec. 3.6.
Members in the process of leaving the Chamber. Deschler Ch 20
Sec. 3.5.
The Member then occupying the Chair. Deschler Ch 20 Sec. 3.7.

However, the Chair may not count the following Members:

Members in the cloakrooms out of sight. Deschler Ch 20
Sec. 3.10.
Members entering the Chamber after the Chair announces the
result of the quorum call. Deschler Ch 20 Sec. Sec. 3.11-3.13.

In any case, the Chair's count of a quorum is conclusive and may
not be challenged on appeal. Manual Sec. 629.
The number of Members present for the purpose of determining the
absence of a quorum may be established by a count of the number of
Members voting on a pending proposition. Deschler Ch 20 Sec. 2.13.
However, the Chair's count of those Members standing on a division
vote in the House does not demonstrate the absence of a quorum because
the Chair, in taking such a vote, does not count all Members present
in the Chamber but only those standing. Deschler Ch 20 Sec. 2.18.

Recounts

When the Chair is counting to determine if a quorum is present,
the Chair may recount the House before announcing the result of the
count. Such recount may be in response to a statement of a Member that
more Members had entered the Chamber since the first count, thereby
establishing a quorum. Deschler Ch 20 Sec. 3.18.

[[Page 750]]

B. Points of Order of No Quorum

Sec. 6 . When in Order; Former and Modern Practice Distinguished

In the House

Under the former practice, a point of no quorum was in order in
the House at any time, even when a Member had the floor in debate.
Deschler Ch 20 Sec. 13.8. The right of the Member to the floor was
suspended until a quorum was secured. Deschler Ch 20 Sec. 13.9. A
point of no quorum could interrupt the reading of the Journal or the
reading of a resolution, even though the resolution was privileged for
consideration. Deschler Ch 20 Sec. Sec. 13.11, 13.12, 13.14.
Under the modern practice, the use of points of order of no quorum
in the House has been sharply curtailed. Under clause 7(a) of rule XX,
a point of no quorum is not in order unless a question has been put to
a vote, notwithstanding the failure of a quorum to have voted on a
prior item of business no longer pending. 95-1, Sept. 16, 1977, p
29563. Therefore, a point of order of no quorum may not be made during
the offering of the prayer, the administration of the oath, the
reception of messages from the President or the Senate, the reading of
the Journal, or special orders. The refusal of the Chair to entertain
a point of order of no quorum where prohibited by clause 7(a) is not
subject to appeal. Manual Sec. 629. Furthermore, the Chair will not
entertain a unanimous-consent request to waive the provisions of
clause 7(a) of rule XX. 93-2, Dec. 9, 1974, p 38664.

In Committee of the Whole

A similarly restrictive rule applies to points of order of no
quorum in the Committee of the Whole. Clause 6(b) of rule XVIII states
that, ``after a quorum has once been established on a day,'' the Chair
may not entertain a point of order that a quorum is not present unless
the Committee is operating under the five-minute rule and the Chair
has put the pending question to a vote. Manual Sec. 982. A Member may
make a point of order of no quorum while the Chair is counting those
standing in the Committee to support a demand for a recorded vote and
before the Chair's final announcement of the count. At that point the
Chair must immediately begin counting for a quorum, and the request
for a recorded vote remains pending following the establishment of a
quorum. Manual Sec. 1012. The Chair will resume the count for a
recorded vote when the requesting Member withdraws the point of order
of no quorum (which is the usual practice).
The restriction of clause 6 of rule XVIII against making a point
of order of no quorum ``after a quorum has once been established on a
day''

[[Page 751]]

means on that day during consideration of the pending bill, because
the House resolves itself into a new Committee of the Whole on each
bill, with a new chair. Manual Sec. 982. The rule restricting points
of order of no quorum in the Committee after a quorum has once been
established is applicable whether the quorum was established by a
regular quorum call or a ``short'' quorum call. 95-2, June 8, 1978, p
16778. For a discussion of a regular quorum call and a short quorum
call, see Sec. 17, infra.
Although a point of order of no quorum may be raised during
general debate in the Committee of the Whole, the Chair is given the
discretion to entertain it under clause 6(b) of rule XVIII. Manual
Sec. 982.
A point of order of no quorum does not lie in the Committee
against the adoption of a motion that the Committee rise, because that
motion (as distinguished from the motion to rise and report) does not
require a quorum for adoption. Clause 6(d) of rule XVIII; 4 Hinds
Sec. Sec. 2972, 2975.

Sec. 7 . Objections to Vote Taken in Absence of Quorum

In the House

The rules of the House permit a Member to object to a vote taken
in the absence of a quorum. An objection to such a vote under clause 6
of rule XX, if timely made, necessarily precipitates a call of the
House (unless the House adjourns or the Chair postpones proceedings
under clause 8 of rule XX) and, simultaneously, a vote by the yeas and
nays on the pending question. Manual Sec. 1025.
The objection to a vote permitted by clause 6 of rule XX applies
only to votes on questions requiring a quorum. Thus, an objection may
not be raised under the rule to an affirmative vote on a motion to
adjourn or to a vote on a motion incidental to a call of the House,
neither of which requires a quorum for adoption. 4 Hinds Sec. 2994; 6
Cannon Sec. 681; Deschler Ch 20 Sec. 2.
For further discussion of the ``automatic'' vote by the yeas and
nays that ensues under clause 6 of rule XX, see Sec. 14, infra.

Effect of Postponement

When a Member objects to a vote on the ground that a quorum is not
present, and further proceedings are postponed under clause 8 of rule
XX or by unanimous consent, the Speaker puts the question de novo when
the measure is again before the House as unfinished business. Members
then have the same right to object on that ground as when the question
was originally put. Deschler Ch 21 Sec. 3.18. Manual Sec. 1026. In the
Committee of the Whole, when proceedings resume on a request for a
recorded vote on an

[[Page 752]]

amendment postponed under clause 6(g) of rule XVIII, the voice vote is
acknowledged and the request is announced as pending. At this time, a
point of order of no quorum may be made.

Sec. 8 . Timeliness and Diligence in Raising Objections

In General

An objection to a vote because of the absence of a quorum must be
timely raised. Such an objection comes too late when the Speaker has
announced the result of the vote and a motion to reconsider has been
laid on the table. Deschler Ch 20 Sec. Sec. 13.23, 13.24. However,
such objections have been held to be timely and in order when they
were made:

After the Chair announced that the noes on a voice vote
prevailed but before the House proceeded to other business.
Deschler Ch 20 Sec. 13.16.
After a parliamentary inquiry that immediately followed the
announcement of the result of a voice or division vote. 6
Cannon Sec. 698; Deschler Ch 20 Sec. 13.18.
After a refusal of a demand for the yeas and nays following a
division vote. Deschler Ch 20 Sec. 13.19.
After a sufficient number have risen to order the yeas and
nays but before the start of the vote. Deschler Ch 20
Sec. 13.1.

Timeliness in Seeking Recognition

An objection to a voice vote on the ground that a quorum is not
present is timely even after the Chair announces the vote if the
Member was standing and seeking recognition at the time the question
was put. Deschler Ch 20 Sec. 13.1. However, the Speaker may decline to
recognize a Member to object to a vote because of the absence of a
quorum where the Member has not shown the proper diligence in seeking
recognition. Deschler Ch 20 Sec. 13.26. In order to raise such an
objection, a Member must be standing and actively seeking recognition
when the Chair announces the result of the vote. Deschler Ch 20
Sec. 13.25. The mere fact that a Member is standing does not
constitute notice to the Chair that such Member is seeking recognition
to make such an objection. Deschler Ch 20 Sec. 13.2.

Sec. 9 . When Dilatory; Effect of Prior Count

In General

Although the presence of a quorum is a constitutional requirement,
and the Speaker has on occasion expressed reluctance to hold a point
of order of no quorum dilatory for that reason, it has long been
recognized as within the prerogative of the Chair to refuse to
entertain a point of no quorum if

[[Page 753]]

the Chair determines that it was made for the sole purpose of delay
where the presence of a quorum, as evidenced by an immediately
preceding vote or quorum call, is apparent. 5 Hinds Sec. Sec. 5724,
5725; 8 Cannon Sec. 2808; Deschler Ch 20 Sec. 14. Since rule XVIII and
rule XX were amended to restrict recognition for points of no quorum
to instances where the Chair has put a question to a vote, the use of
repeated points of order as a dilatory tactic has lost its efficacy.

Sec. 10 . Withdrawal of Point of Order

A point of order that a quorum is not present may be withdrawn,
provided the absence of a quorum has not been announced by the Chair;
and such withdrawal does not require unanimous consent. Deschler Ch 20
Sec. 18.5. A point of order of no quorum is considered withdrawn where
the Chair exercises any postponement authority under clause 6(g) of
rule XVIII or clause 8 of rule XX. Manual Sec. Sec. 984, 1026.
A point of no quorum may not be withdrawn after the absence of a
quorum has been announced by the Chair (4 Hinds Sec. 2928-2930; 6
Cannon Sec. 657; Deschler Ch 20 Sec. 18), even where the Member making
the point of order attempted to withdraw it but was not observed by
the Chair (103-1, June 10, 1993, p 12481). The point may not then be
withdrawn even by unanimous consent, because the House may not conduct
business, including the disposition of unanimous-consent requests, in
the announced absence of a quorum. Deschler Ch 20 Sec. 18.7. The same
rule is followed in the Committee of the Whole. Deschler Ch 20
Sec. 18.6.
A point of no quorum may not be reserved or withheld after the
Chair has announced that a quorum is not present, no business being in
order until a quorum is established. Deschler Ch 20 Sec. Sec. 18.10,
18.11.

C. Quorum Calls

Sec. 11 . In General

In the House

A motion for a call of the House is recognized under general
parliamentary law and under the Constitution. 4 Hinds Sec. 2981. The
Constitution authorizes a number smaller than a quorum to compel the
attendance of absent Members. U.S. Const. art. I, Sec. 5.

[[Page 754]]

Rule XX authorizes three separate procedures for a call of the
House. They are as follows:

The call of the House under clause 6 whenever objection is
raised to a vote taken in the absence of a quorum. Manual
Sec. 1025. This call is sometimes referred to as an
``automatic'' call because it proceeds by operation of the rule
and does not require a motion. See Sec. 14, infra.
The call of the House under clause 7(b), which permits the
Speaker the discretion to recognize for a motion for a call of
the House at any time. See Sec. 12, infra.
The call of the House under clause 5 that is used in the
absence of a quorum to compel the attendance of absent Members.
The Speaker may recognize for that motion, which must be
adopted by a majority comprising at least 15 Members. See
Sec. 13, infra. The call under this clause is sometimes
referred to as the ``old'' form of the call, clause 5 having
been first adopted in 1789.

In Committee of the Whole

The provisions of clauses 5, 6, and 7 of rule XX, relating to
quorum calls in the House, do not apply in Committee of the Whole.
Accordingly, although a point of order that a quorum is not present
will lie in the Committee of the Whole when a question is put, a
Member may not object to a vote in the Committee on the ground that a
quorum is not present. Deschler Ch 20 Sec. 16.1; Sec. 6, supra. In the
Committee of the Whole, the quorum call and the vote occur seriatim
and not simultaneously as they do in the House under clause 6 of rule
XX. The requirement of, and the procedures for, obtaining a quorum in
Committee of the Whole are found in clause 6 of rule XVIII. See
Sec. 17, infra.

Sec. 12 . The Motion for a Call

Under clause 7(b) of rule XX, a nondebatable motion for a call of
the House is permitted at any time subject to clause 7(c). Clause 7(c)
precludes such motion after the previous question has been ordered
unless the Speaker determines by actual count that a quorum is not
present. A motion for a call of the House is in order notwithstanding
language in clause 7(a) of rule XX that a point of order of no quorum
may not be entertained unless the Speaker has put a pending question
to a vote. Manual Sec. Sec. 1027-1029. Under this rule, the Speaker
has the discretion at any time to recognize a Member to offer the
motion. Thus, the Speaker may refuse recognition. Manual Sec. 1029.
The motion is privileged if entertained by the Chair. It may be
entertained after another Member has been recognized but before such
Member has begun debate. Deschler-Brown Ch 29 Sec. 23.15. When a
Member is

[[Page 755]]

under recognition for debate, another Member may be recognized to move
a call of the House only if yielded to for that purpose. 105-2, July
23, 1998, p 16989. The motion is not debatable. 6 Cannon
Sec. Sec. 683, 688.
If the motion is rejected, the House proceeds with business.
Deschler-Brown Ch 29 Sec. 20.20. However, if the motion is adopted by
a record vote, and a quorum is established thereby, a call of the
House must proceed unless rescinded by unanimous consent. 94-1, Oct.
22, 1975, p 33688.

Sec. 13 . The Call to Compel Attendance of Absent Members

In General

Clause 5 of rule XX, enabling 15 Members to order a call of the
House, dates from the earliest Congresses, and for many years was the
only rule for procuring the attendance of Members. 4 Hinds Sec. 2982.
The automatic call of the House under clause 6, having been provided
for by rule in 1896, is described as the call of the House in the new
form. It supersedes the old form of the call except in cases in which
the absence of a quorum is established by some means other than a
vote. 4 Hinds Sec. 3041. The call of the House on motion under clause
5 or clause 7(b) is in order at the Chair's discretion. On the other
hand, the automatic call under clause 6 ensues while the House is
voting. Manual Sec. Sec. 1021-1025; 4 Hinds Sec. 2990.
Recognition for the motion is within the Speaker's discretion, and
the motion may not be adopted by fewer than 15 affirmative votes
(which may include the Chair). Unless that number is present, the
motion for the call is not entertained. 4 Hinds Sec. 2983. The motion
requires a majority vote for adoption, and a minority of 15 (or more)
favoring the call is not sufficient. 4 Hinds Sec. 2984.
If a majority votes to compel attendance under this rule,
absentees are notified. Manual Sec. 1021. Warrants may be issued by
order of a majority of those present, and those for whom no sufficient
excuse is made may be arrested by the Sergeant-at-Arms. Sec. 19,
infra. Members who appear voluntarily are admitted to the Hall and
report their names to the Clerk to be entered on the Journal as
present. Manual Sec. 1021.
When a call of the House is ordered under this rule, the Speaker
may direct the taking of the call by electronic device or by a call of
the roll. Manual Sec. Sec. 1014, 1015. A motion to adjourn takes
precedence over a call of the House. 8 Cannon Sec. 2642.
Under the modern practice, clause 5 is seldom used. It should be
read in light of rule XX clause 7(a), which precludes a point of order
of no quorum except when the Chair has put a question to a vote, and
clause 7(b),

[[Page 756]]

which gives the Speaker discretion to recognize for a call of the
House at any time. Manual Sec. Sec. 1027, 1028.

Sec. 14 . The Automatic Call

In General

Under clause 6 of rule XX, a call of the House ensues whenever a
quorum fails to vote on any question that requires a quorum (assuming
that the House does not adjourn), if in fact a quorum is not present
and objection to the vote is made for that reason. The rule provides
for a call of the House and states that the yeas and nays on the
pending question ``shall at the same time be considered as ordered.''
Manual Sec. 1025. The call of the House under this clause is sometimes
referred to as the ``automatic call'' because it is mandated under the
conditions specified by the rule. Deschler Ch 20 Sec. 2; 6 Cannon
Sec. 695.
Under this rule the Speaker has the discretion to conduct the call
by electronic device or to order a call of the roll by the Clerk.
Manual Sec. 1025; Deschler Ch 20 Sec. 4.2. When the roll is called by
the Clerk, the roll is called twice; and those appearing after their
names are called may vote. 4 Hinds Sec. 3052. The Speaker may count
the House to determine whether a quorum is present. If the count
discloses a quorum, the Speaker declares, pursuant to clause 6 of rule
XX, that a quorum is constituted; the Speaker is not required to
announce the actual count. Manual Sec. 1025.
Although arrest of Members is rare in modern practice, Members who
do not respond to the call are subject to arrest by the Sergeant-at-
Arms. See Sec. 19, infra.
The Speaker is authorized to declare that a quorum is constituted
if those voting on the question, together with those who are present,
make up a majority of the House. Manual Sec. 1025. Such a declaration
dispenses with further proceedings. See Sec. 20, infra. The pending
question is then decided by a majority of those voting, a quorum being
present. Manual Sec. 1025.

Invoking the Call

The automatic call of the House under clause 6 of rule XX may be
invoked by a Member who rises following the announcement of the result
of a vote to state:

M_. Speaker, I object to the vote on the ground that a quorum is
not present and make a point of order that a quorum is not present.

If no Member rises to object that a record vote discloses that a
quorum is not present, the Speaker takes the initiative to declare the
absence of a quorum, thereby invoking the automatic call. Deschler Ch
20 Sec. 2.

[[Page 757]]

The automatic call does not apply when the House is voting on a
question that does not require a quorum, such as a motion incidental
to a call of the House or a motion to adjourn decided in the
affirmative. Manual Sec. 1025; 4 Hinds Sec. 2994; 6 Cannon Sec. 681.

Sec. 15 . Use of Electronic Equipment

In General

The Speaker is authorized under clause 2(a) of rule XX to use the
electronic equipment in the Chamber to record those present for any
quorum call. Manual Sec. 1014. The use of this equipment is not
mandatory. The Speaker has discretion, for example, to direct the
Clerk to call the roll where a quorum fails to vote on any question
and objection is made for that reason. Deschler Ch 20 Sec. 4.2. The
Speaker also has the discretion under rule XX to direct that the
quorum call be taken by clerk tellers under clause 4 or by an
alphabetical call of the roll under clause 3, rather than by
electronic device. Deschler Ch 20 Sec. 4.1. These alternatives are
normally used when the electronic system is inoperable. Clause 2(b) of
rule XX.

Response Time

On a call of the House conducted by electronic device, the Members
have not less than 15 minutes to respond. Clause 2 of rule XX; Manual
Sec. 1014. After the 15 minutes have expired, the Chair may allow
additional time for Members to respond before announcing the result.
Deschler Ch 20 Sec. 4.3.
At the beginning of a new Congress, the Speaker has inserted in
the Congressional Record an announcement that, in order to expedite
the conduct of quorum calls (as well as votes) by electronic device,
the cloakrooms were directed not to forward to the Chair individual
requests to hold a quorum call open. The Speaker has also announced
that each occupant of the Chair would have the Speaker's full support
in striving to close each electronic quorum call at the earliest
opportunity and that Members should not rely on signals relayed from
outside the Chamber to assume that quorum calls will be held open
until they arrive. At the same time, the Chair will not close a quorum
call while Members are in the well attempting to record their
presence. Manual Sec. 1014.

Sec. 16 . Names Published and Recorded on a Call

Under clause 2(a) of rule XX, the names of those Members who
respond to a quorum call are entered in the Journal and published in
the Congressional Record. Manual Sec. 1014. When the call is taken by
clerks, the

[[Page 758]]

clerks record the names of those present and note the names of
absentees. Manual Sec. 1019. Members responding to a quorum call
ordered on motion under clause 5 of rule XX must report their names to
the Clerk to be entered in the Journal. Manual Sec. 1021. When an
automatic call of the House ensues under clause 6 of rule XX, Members
brought in by the Sergeant-at-Arms are noted as present. Manual
Sec. 1025.
Under clause 4(b) of rule XX, any Member may demand, or the
Speaker may require, that the names of those Members not voting be
noted by the Clerk, recorded in the Journal, and reported to the
Speaker, along with the names of those Members voting, in determining
the presence of a quorum. Manual Sec. 1020. The Speaker may direct the
Clerk to note the names of Members under this rule even on a vote for
which no quorum is necessary. 8 Cannon Sec. 3152.

Sec. 17 . Quorum Calls in Committee of the Whole

Regular and ``Notice'' Quorum Calls Distinguished

Quorum calls in the Committee of the Whole--to secure the presence
of at least 100 Members--are governed by the provisions of clause 6 of
rule XVIII. That rule permits two kinds of quorum calls in the
Committee: a ``regular'' quorum call and a ``notice'' or ``short''
quorum call. Manual Sec. 982.
A ``regular'' quorum call is initiated under clause 6(a) of rule
XVIII. That rule sets forth the circumstances under which the Chair is
to invoke the procedures normally available to the Speaker for quorum
calls in the House under the applicable provisions of rule XX.
Specifically, clause 2(a) of rule XX allows at least 15 minutes for
Members to respond and requires the publication of the names of those
Members answering present. Manual Sec. 1014; see generally
Sec. Sec. 15, 16, supra.
A ``notice'' or ``short'' quorum call is permitted under clause
6(c) of rule XVIII. That provision permits the Chair, at any time
during a call, subject to the prior announcement, to determine and
declare that a quorum is present. Proceedings under the call are then
considered vacated, and the Committee resumes its business. This
provision permits the Chair to announce in advance, at the time the
absence of a quorum is ascertained, that proceedings will be vacated
when a quorum appears. It also enables the Chair to convert to a
regular quorum call in the event that a quorum does not appear. The
Chair need not convert to a regular quorum call precisely at the
expiration of 15 minutes if a quorum (100 Members) has not responded
on a ``notice'' quorum call but may continue to exercise discretion

[[Page 759]]

to vacate proceedings at any time during the entire period permitted
for the conduct of the call by clause 2(a) of rule XX. Manual
Sec. 982.

When in Order

Under clause 6(a) of rule XVIII, the first time that a Committee
of the Whole finds itself without a quorum on a day, the Chair must
invoke one of the quorum call procedures that are available under rule
XX. Thereafter, quorum calls are permitted only during proceedings
under the five-minute rule when the Chair has put a pending question
to a vote. A point of order of no quorum during general debate is
permitted only at the discretion of the Chair. Manual Sec. 982.

Method of Taking

Before installation of the electronic system in the Chamber,
quorum calls in the Committee of the Whole were effected by a call of
the roll. 4 Hinds Sec. 2966. Under the modern practice, quorum calls
are taken by electronic device, but the Chair has the discretion to
effect the call by an alphabetical call of the roll or by clerk
tellers. Clause 6(a) of rule XVIII, which incorporates by reference
clauses 2, 3, and 4(a) of rule XX. Thus, the Chair may direct that a
``notice'' quorum call be conducted pursuant to the provisions of
clause 4(a) of rule XX--by depositing quorum tally cards with clerk
tellers--in lieu of conducting the call by electronic device or a call
of the roll. Deschler-Brown Ch 30 Sec. 31.9.
The so-called automatic call authorized by clause 6 of rule XX in
the House is not permitted in the Committee of the Whole. See Deschler
Ch 20 Sec. 7.

Reports as to Absentees

The Committee of the Whole rises and the Chair reports the names
of absentees to the House only in the event that a quorum fails to
respond to the quorum call under clause 6 of rule XVIII.

Sec. 18 . Motions in Order During the Call

Generally

With the exception of the motion to adjourn, the only motions in
order during a call of the House are those in furtherance of the
effort to secure a quorum. 6 Cannon Sec. 682. Motions held not in
order include:

Motion to recess. 4 Hinds Sec. Sec. 2995, 2996.
Motion to dispense with further proceedings under the call. 4
Hinds Sec. 2992.
Motion to excuse Members from voting. 4 Hinds Sec. 3007.
Motion relating to deductions from the pay of Members. 4 Hinds
Sec. 3011.

[[Page 760]]

Motions that are intended to secure a quorum and therefore in order
during the call of the House include:

Motion that the Speaker issue warrants for the arrest of
absent Members. 6 Cannon Sec. 681.
Motion that the Sergeant-at-Arms take absent Members into
custody. 4 Hinds Sec. 3029; 6 Cannon Sec. 685.
Motion that the Sergeant-at-Arms report progress in securing a
quorum. 6 Cannon Sec. 687.
Motion for the previous question on a proposition incident to
a call of the House. 5 Hinds Sec. 5458.
Motion to reconsider a vote incident to a call of the House. 5
Hinds Sec. Sec. 5607, 5608.

Motions to Adjourn

The motion to adjourn takes precedence over a call of the House.
Deschler Ch 20 Sec. Sec. 8.14, 8.15. The vote on the motion is taken
before the call of the House, even when the motion for the call was
offered but not finally agreed to before the motion to adjourn.
Deschler Ch 20 Sec. 8. Although the motion to adjourn is not
entertained after the call of the House has been ordered, it again
becomes available after Members have been given an opportunity to
record their presence. Deschler Ch 20 Sec. Sec. 8.22, 8.23. If the
call is taken by roll call, the motion to adjourn again becomes in
order after the conclusion of the second call of the roll if a quorum
has not been established. Deschler Ch 20 Sec. 8.19. If the call is
taken by electronic device, the motion to adjourn again becomes in
order after the expiration of 15 minutes and need not await the
announcement of the result of the call. Deschler Ch 20 Sec. Sec. 4.4.
Clause 6 of rule XX, which authorizes automatic votes by the yeas
and nays, permits the House to adjourn in the absence of a quorum and
before a call of the House. Clause 6(c) gives the Speaker discretion
to recognize a motion to adjourn after the vote has been completed but
before the result has been announced if the motion has been seconded
by a majority of those present, to be ascertained by actual count of
the Speaker. Manual Sec. 1025.

Sec. 19 . Securing Attendance; Arrests

Under Clause 6 of Rule XX

The attendance of absent Members may be secured under clause 6 of
rule XX, which provides for the automatic vote by the yeas and nays.
Under this rule, the Sergeant-at-Arms ``shall proceed forthwith'' to
bring in absent Members whenever a quorum fails to vote, a quorum is
not present, and objection is made for that reason. A Member who is
arrested is brought by

[[Page 761]]

the Sergeant-at-Arms before the House and permitted to vote. Manual
Sec. 1025. Compulsory attendance or arrest has been rare in the modern
practice.
Under the conditions specified by this rule, the Sergeant-at-Arms
is required to detain those who are present and to bring in absentees.
4 Hinds Sec. Sec. 3045-3048. It is not necessary that specific
authorization be given by a motion (Deschler Ch 20 Sec. 5.14) or by a
resolution adopted by those present (4 Hinds Sec. 3049). However, to
make an arrest under this rule, the Sergeant-at-Arms must have
possession of a warrant signed by the Speaker. Deschler Ch 20
Sec. 5.10 (note). Although the Speaker possesses full authority to
issue a warrant of arrest for absent Members under this rule (6 Cannon
Sec. Sec. 680, 702), the Speaker usually does not do so without House
authorization (Deschler Ch 20 Sec. 5.10). The warrant takes the
following form (4 Hinds Sec. 3041):

To _____, Sergeant-at-Arms of the House of Representatives, or
such officer's deputies:
Whereas clause 6 of rule XX of the House of Representatives
provides as follows: ________
Whereas the conditions specified in said rule have arisen, and the
following-named Members of the House are absent, to wit: __________
Now, therefore, by virtue of the power vested in me by the House,
I hereby command you to execute the said order of the House, by
taking into custody and bringing to the bar of the House said above-
named Members; and make due return in what manner you execute the
same.
[Sealed, signed by the Speaker, and attested by the Clerk]

When arrested, Members are (1) arraigned at the bar, (2)
discharged from arrest, (3) questioned by the Speaker as to whether or
not they wish to vote, and (4) permitted to vote. 4 Hinds Sec. 3044.

Under Clause 5 of Rule XX

The use of the Office of the Sergeant-at-Arms to procure the
presence of Members in the Chamber also is permitted by clause 5 of
rule XX, which authorizes the Speaker to recognize a motion, which
requires 15 Members to adopt, to compel the attendance of absent
Members. Sec. 13, supra. Under the rule, a majority of those present,
numbering at least 15 Members, may order officers appointed by the
Sergeant-at-Arms to send for and arrest absentees for whom no excuse
is made. Members whose attendance has been secured in this manner are
detained until discharged under conditions determined by the House.
Manual Sec. Sec. 1021, 1023. Those present may prescribe a fine as the
condition on which an arrested Member may be discharged. 4 Hinds
Sec. 3013.

[[Page 762]]

Under this rule, in the absence of a quorum in the House, a motion
(or other proposition) to arrest absentees and bring them into the
Chamber is in order. 4 Hinds Sec. 3018; Deschler Ch 20 Sec. 5.6. To
compel the attendance of absentees by arrest under this rule, the
motion:

Must be supported by 15 affirmative votes, and those voting to
compel attendance must be in the majority. Deschler Ch 20
Sec. 5.9 (note).
Is in order after a single call of the roll. 4 Hinds
Sec. 3015.
Is in order during proceedings to secure a quorum. 6 Cannon
Sec. 685.
Is not debatable. 6 Cannon Sec. 686.
May not order the arraignment of absent Members at a future
meeting of the House. 4 Hinds Sec. Sec. 3032-3034.

The motion for the arrest of absentees is in the form of an order
to the Sergeant-at-Arms, as follows (Deschler Ch 20 Sec. 5.11):

Ordered, That the Sergeant-at-Arms take into custody and bring to
the bar of the House such Members as are absent without leave.

Unless directed by an appropriate motion, the Sergeant-at-Arms, under
clause 5 of rule XX, has no authority to compel the attendance of
absent Members. Deschler Ch 20 Sec. 5.9. A motion that merely states
that those who are not present are to be ``sent for'' and
``returned,'' and not allowed to leave until the completion of certain
business, has been interpreted as requiring the Sergeant-at-Arms to
notify absentees but not as bestowing the authority to arrest them and
bring them into the Chamber under custody. In that case, no timely
point of order was raised against the motion due to lack of a quorum.
Therefore, the motion was held to be binding on the Speaker and other
Members. Deschler Ch 20 Sec. 5.3.

After agreement to the appropriate motion, warrants for the arrest
of absent Members are signed by the Speaker or Speaker pro tempore.
Deschler Ch 20 Sec. 5. Leave for a committee to sit during sessions
does not release its members from liability to arrest. 4 Hinds
Sec. 3020.

Closing or Locking the Chamber Doors

Although it was Jefferson's view that as a matter ``[o]f right,
the door of the House ought not to be shut,'' the House rules have
from time to time given the Speaker the authority to order the closing
of the Chamber doors in connection with securing a quorum. Manual
Sec. 380; Deschler Ch 20 Sec. 6. Clause 4 of rule XX, adopted in 1972,
states that ``the doors may not be closed except when ordered by the
Speaker'' pursuant to a quorum call. Manual Sec. 1019. The precursor
of this rule gave the Speaker the discretion, in securing a quorum, to
order the doors closed or even locked. Deschler Ch 20 Sec. 6.2 (note).

[[Page 763]]

In 1919, Speaker Gillett, after putting the question on ordering a
call of the House, directed the Doorkeeper to lock the Chamber doors
but then sustained a point of order that the doors should be closed
only on a call of the House. 6 Cannon Sec. 703. However, in one
instance the doors were locked ``until disposition of the pending
business'' (the reading of the Journal). This action was taken by
order of the House rather than by order of the Speaker. Deschler Ch 20
Sec. 6.5. In 1968, Speaker McCormack ordered the doors to the Chamber
closed and locked during a call of the House pursuant to the rule and
instructed the Doorkeeper to let no Members leave the Hall. Deschler
Ch 20 Sec. 6.3.

Sec. 20 . Dispensing With Further Proceedings

Under the former practice, after a quorum had responded on a call
of the House, it was necessary to move to dispense with further
proceedings under the call before the House could proceed with pending
business. See 4 Hinds Sec. 3039. Under the modern practice, clause
7(b) of rule XX eliminates the motion to dispense with further
proceedings under a call of the House following establishment of a
quorum. Manual Sec. 1028. Under this rule, when a quorum has been
established pursuant to a call of the House, the Speaker ordinarily
simply announces that further proceedings under the call are dispensed
with unless the Speaker exercises the discretion to recognize for a
motion to compel the attendance of Members under clause 5(b) of rule
XX.

[[Page 765]]

CHAPTER 44
READING, PASSAGE, AND ENACTMENT

HOUSE PRACTICE

Sec. 1. In General; Stages in Passage
Sec. 2. Readings
Sec. 3. -- First Reading
Sec. 4. -- Second Reading
Sec. 5. -- Third Reading
Sec. 6. Engrossment of House-passed Bills
Sec. 7. -- Correcting Errors in Engrossment
Sec. 8. -- Correcting Printing Errors; ``Star Prints''
Sec. 9. Transmittal of Bills Between the Houses
Sec. 10. Enrollment of Bills Passed by Both Houses
Sec. 11. -- Certification and Signing
Sec. 12. -- Corrections in Enrollment
Sec. 13. Delivery of Measures to the President
Research References
U.S. Const. art. I, Sec. 7
4 Hinds Sec. Sec. 3364-3481
7 Cannon Sec. Sec. 1027-1083
Deschler Ch 24 Sec. Sec. 11-16
Manual Sec. Sec. 104, 105, 396, 397, 497, 498, 573-577, 941-
944

Sec. 1 . In General; Stages in Passage

The various steps in the usual legislative process begin with the
introduction of a measure and include its referral to committee,
committee consideration, reporting of the measure to the House, and
consideration and debate in the House or the Committee of the Whole
(where the first and second readings occur). These matters are covered
elsewhere in this work. See Introduction and Referral; Committees;
Committees of the Whole; and Consideration and Debate.
The following checklist describes the possible steps beginning
with the ordering of the previous question on passage of a bill
through its enactment into law:

Previous question ordered on bill and all amendments to final
passage.

Note: When the previous question is ordered, debate is terminated
and the House then votes first on any pending

[[Page 766]]

amendment or amendments, including any reported from the Committee of
the Whole. If the previous question is not ordered, the bill and any
amendments thereto are open to further debate and possible further
amendment. See Previous Question.

Demand for separate vote on amendments adopted in the
Committee of the Whole.

Note: A demand for a separate vote in the House on an amendment
adopted in the Committee of the Whole is in order following the
Speaker's announcement that the previous question has been ordered,
but such separate votes are not actually taken until after the House
votes on any remaining amendments en bloc. Manual Sec. 337; Deschler
Ch 27 Sec. 36.20. A Member cannot demand a separate vote on an
amendment rejected in the Committee of the Whole. Deschler Ch 27
Sec. 36.12.

Question put en gros on those amendments on which a separate
vote was not demanded.

Question put on each amendment on which a separate vote was
demanded.

Note: Votes are normally taken in the order in which the amendment
appears in the bill. However, if amendments have been considered under
a special order of business prescribing the order for their
consideration, the amendments are voted on in the order in which they
were considered in Committee of the Whole. Manual Sec. 337; see also
Amendments.

Question put on engrossment and third reading (third reading
by title only).

Note: This is normally a pro forma question. Engrossment is the
printing of the measure on special paper, and the ``third reading''
requires merely a reading of the title. Manual Sec. 941. The question
is ordinarily approved by voice vote. However, a record vote may be
ordered, and a negative vote rejects the bill. On Senate bills the
question is put on the third reading but not engrossment because such
bills are engrossed by the Senate. For engrossment generally, see
Sec. 6, infra. Any amendment to a preamble of a joint resolution
should be made after engrossment and pending the third reading. Manual
Sec. 414.

Motion to recommit offered.

Note: A Member opposed to the bill may offer a motion to recommit
the measure to committee. A Member may offer a simple motion to
recommit (which, if adopted, ends further consideration of the bill)
or a motion to recommit with instructions. Manual Sec. Sec. 1001,
1002. The motion may instruct the committee to report the bill back

[[Page 767]]

to the House ``forthwith'' with an amendment. Only one proper motion
may be considered. See Refer and Recommit.

Question put on ordering the previous question on motion to
recommit.

Note: Amendments to the motion cannot be offered if the previous
question on the motion has been ordered. Manual Sec. Sec. 916, 917,
1001, 1002. This comports with the House rule giving precedence to the
motion for the previous question over the motion to amend. Manual
Sec. 911. If the previous question is rejected, and an amendment is
offered, the previous question is again moved on the amendment and the
motion (as amended).

Question put on motion to recommit (as amended or not).

Note: If recommitted with instructions, the bill is reported back
``forthwith'' with amendment(s), the amendment(s) are again put to a
vote, and the vote recurs on engrossment and third reading.

Question put on passage of bill.

Note: As a general rule, after a bill is passed there can be no
further alteration of it. The Clerk may be authorized by unanimous
consent to make technical and conforming (or even substantive) changes
in the engrossment. Manual Sec. 500.

Amendment to title of bill.

Note: An amendment to the title is not in order until after the
bill itself is passed and is not debatable. If the committee reported
the bill to the House with an amendment to the title, the amendment to
the title is adopted by unanimous consent initiated by the Chair.
Manual Sec. 922.

Motion to reconsider.

Note: The motion to reconsider may be used to revisit passage or a
step leading thereto. See Reconsideration. While a motion to
reconsider is pending, the bill cannot be sent to the Senate.

Motion or unanimous-consent request to lay the motion to
reconsider on the table.

Note: The pro forma motion or unanimous-consent request to table
the motion to reconsider is used to preclude a subsequent motion to
reconsider, and it is the accepted parliamentary mode of making the
vote in question final. In practice, the two motions often are made
simultaneously. 8 Cannon Sec. 2784. The Speaker often performs this
perfunctory role, as when declaring, after the announcement of a vote,
``without objection, a motion to re

[[Page 768]]

consider is laid on the table.'' Deschler Ch 23 Sec. 34. See generally
Reconsideration.

Transmittal of bill to Senate.

Note: After passage of a bill in the House, the engrossment is
attested by the Clerk of the House and transmitted to the Senate.

Consideration of bill by Senate.

Return of bill to House.

Note: If a House bill is passed by the Senate without amendment,
the Senate messages the bill back to the House, where it is enrolled
under the supervision of the Clerk. Manual Sec. 648; see Sec. 10,
infra. If a House bill is returned with amendment, such amendment is
disposed of by unanimous consent, by motion to suspend the rules, or
by a special order of business. However, a Senate amendment not
requiring consideration in the Committee of the Whole is privileged,
as is a motion to disagree to the Senate amendment and request or
agree to a conference with the Senate (if offered by direction of
relevant committees). On very rare occasions, the Speaker has referred
a bill with Senate amendments to the House committee having
jurisdiction. Manual Sec. 816. For an explanation of House procedure
for consideration of Senate amendments, see Senate Bills; Amendments
Between the Houses and Manual Sec. Sec. 528-528d. For a discussion of
conferences, see Conferences between the Houses and Manual
Sec. Sec. 530-559.

Submission of conference report.

Note: The committee of conference having met, a report embodying
their recommendation is submitted together with a joint explanatory
statement of the managers from each House.

Adoption of conference report.

Note: Approval by the House and Senate of the conference report
and mutual agreement to any amendments in disagreement constitute
final congressional approval of the bill. The two Houses act seriatim
on the report, the one agreeing to the conference normally acting
first. However, a conference report ordinarily must be acted on as a
whole; that is, either adopted or rejected in its entirety. If the
conferees disagree on certain numbered amendments, the amendments are
submitted to each Chamber individually and acted upon separately.
Every amendment must be agreed to in identical form by both

[[Page 769]]

Houses before congressional action on the bill is complete. See
Conferences Between the Houses.

Enrollment of bill.

Note: A bill that is finally passed by both Houses is enrolled by
the House in which it originated; that is, it is printed on special
paper (i.e., parchment; 1 USC Sec. 107) under the supervision of an
enrolling clerk. After its accuracy has been approved by the Clerk, an
enrolled bill is presented to the House and Senate, where it is signed
by the Speaker and the President of the Senate, respectively. Manual
Sec. 648; see Sec. 10, infra.

Delivery of bill to the President for approval or veto.

Note: An enrolled bill, having been signed by the Speaker and the
President of the Senate, is delivered to the White House for
Presidential approval. The President has 10 days (excluding Sundays)
in which to sign the bill or veto it by returning it to the
originating House with any objections. The bill may also be subject to
a ``pocket veto'' if Congress, by final sine die adjournment, has
prevented its return. See Veto of Bills.

Passage of bill over Presidential veto.

Note: A veto override requires a vote of two-thirds by the yeas
and nays, a quorum being present, in each Chamber. If a vote to
override a veto succeeds in the originating House, the measure is sent
to the second House. If the veto is overridden there, the bill becomes
law without the President's signature. Manual Sec. 109.

Deposit of measure in National Archives.

Note: When an enrolled bill is signed by the President or enacted
over a veto, it becomes a public law and is sent to the National
Archives and published in Statutes at Large, an annual volume that
compiles all bills that become law. An Act passed over the President's
veto is transmitted to the Archivist by the House last acting on it.

Sec. 2 . Readings

The reading of a bill is an essential step toward its passage.
Deschler Ch 24 Sec. 11. The First Congress adopted a rule requiring
three separate and distinct readings of each bill brought before the
House. 4 Hinds Sec. 3391.
Clause 8 of rule XVI provides that a bill or joint resolution must
be read three times. The first reading is by title; the second reading
for amendment in the Committee of the Whole is by paragraph or
section; and the third reading is by title. Manual Sec. 941. The
second, or full reading, is pursu

[[Page 770]]

ant to clause 5 of rule XVIII. The three readings referred to in rule
XVI are to be distinguished from the procedures involved in reading a
bill for amendment. See Amendments. In practical terms a ``first
reading'' in the Committee of the Whole contemplated in rule XVIII is
in full, but this reading ordinarily is dispensed with by special
order of business. The reading for amendment by paragraphs or sections
is the second actual reading in the Committee of the Whole.
For a discussion of reading papers in debate, see Consideration
and Debate.

Sec. 3 . -- First Reading

Under clause 8 of rule XVI, the first reading of a bill in the
House is in full. Manual Sec. 941. The first reading of a bill in the
Committee of the Whole is in full under clause 5 of rule XVIII. Manual
Sec. 978. Formerly, a bill was read the first time by title at the
time of its introduction before the House. However, since 1890 all
bills have been introduced by filing them with the Clerk (placing them
in the bill ``hopper'' at the rostrum). 4 Hinds Sec. 3391. Today, the
titles of all bills introduced are printed in the Journal and the
Congressional Record, thus fulfilling the purpose of the former first-
reading rule. Manual Sec. 942.

Sec. 4 . -- Second Reading

Generally

The second reading in the Committee of the Whole is required by
clause 5 of rule XVIII. That reading is normally by paragraph or
section. Manual Sec. 980. Clause 8 of rule XVI has no provision for a
second reading in the House. Therefore, in the House, bills are
considered read a second time when they are taken up for action.
The Clerk, and not the chair of the Committee of the Whole, reads
bills the second time. Manual Sec. 428. If consideration of the bill
is not completed on the day it is called up, the bill is read by title
when it is called up on subsequent days.

Demanding a Reading in Full; Dispensing with Readings

Although clause 5(a) of rule XVIII requires a full reading of a
bill (which may be demanded by any Member) before general debate, in
practice verbatim readings are usually dispensed with by unanimous
consent, by suspension of the rules, or by special order of business.
Deschler Ch 24 Sec. 11; Deschler Ch 27 Sec. 7.1; Manual Sec. 942.

[[Page 771]]

It has been held that a motion to dispense with the reading in
full is not in order. 8 Cannon Sec. Sec. 2335, 2436. The Committee of
the Whole may dispense with the reading by motion if the motion is
made privileged, as by a special order of business. Deschler Ch 24
Sec. 11.1 (note).

Measures Subject to Reading in Full

Clause 8 of rule XVI requires a reading ``in full'' only of
``bills and joint resolutions.'' However, the rule traditionally has
been extended to privileged concurrent and simple resolutions as well.
Such resolutions include adjournment resolutions, questions of
privilege, and special orders of business reported by the Committee on
Rules. See, e.g., Manual Sec. 713. A concurrent or simple resolution
called up by unanimous consent is not read in full; rather, only the
title is read. When a measure is read in full, it is the text as
originally introduced that is read. Proposed committee amendments,
including those in the nature of a substitute, are not included in
this reading. Deschler Ch 24 Sec. 11. Even when a substitute amendment
has been reported to the House, it is the introduced bill that is
read. 7 Cannon Sec. 1054.

Interruption of Reading

The reading of a bill may be interrupted by the presentation of a
matter of higher privilege, such as the reception of a message, a
question of privilege, or the arrival of the time designated for
adjournment. See 5 Hinds Sec. 6448 (reading interrupted by
presentation of conference report).

Sec. 5 . -- Third Reading

The third reading of a bill under clause 8 of rule XVI is by title
only and comes after the order for engrossment and before the question
on passage of the bill is put. Manual Sec. 941. The Speaker states:
``The question is on the engrossment and third reading of the bill.''
This is a pro forma question that is routinely approved by voice vote
just before the measure itself is put to a vote. However, a record
vote may be ordered on the question of engrossment and third reading.
If the question is decided in the negative, the bill is considered
rejected. 4 Hinds Sec. 3420. If the third reading is omitted and the
bill passes, the defect can be rectified by reconsideration. 4 Hinds
Sec. 3406.
At one time a Member could demand a reading in full of the
engrossment, but this procedure was stricken from the rules in 1965.
Deschler Ch 24 Sec. 11.

[[Page 772]]

Sec. 6 . Engrossment of House-passed Bills

After a bill has passed the House, the Clerk prepares a certified
copy for transmission to the Senate. This copy is the official copy of
the measure as passed by the House, and is referred to as the
engrossment. That term also refers to the process by which a bill is
engrossed; that is, printed on special paper under the supervision of
the Clerk. House-passed measures or House amendments to Senate
measures are engrossed on distinctive blue paper. The Clerk attests to
the engrossment, and the Clerk's signature gives rise to the
presumption that the bill was correctly engrossed. 4 Hinds Sec. 3428.
Senate bills and amendments are engrossed by that body on white paper
and bear the signature of the Secretary of the Senate. A limited
number of the blue and white engrossments are printed for official use
of the House and the Senate and are the prints used by conferees in
working out their agreements.
The engrossment of a House-passed bill is under the control of the
House, not of the Committee of the Whole. Thus, a unanimous-consent
request relating to the engrossment of a bill is properly made in the
House following the passage of the bill and is not in order in the
Committee of the Whole. Deschler Ch 24 Sec. 12.2.

Sec. 7 . -- Correcting Errors in Engrossment

Before Transmittal of Bill to the Senate

Before the House has messaged its legislative action to the
Senate, the House may, by unanimous consent, authorize the Clerk to
make changes in the engrossment of a House-passed bill. This procedure
may be used, for example, to direct the Clerk to correct or change the
table of contents, to amend or strike cross references, or to change
section numbers and make other technical changes. Deschler Ch 24
Sec. Sec. 12.10, 12.12. By unanimous consent the Clerk also may be
authorized to make designated substantive changes in the engrossment
of a bill passed by the House. However, the Chair may require that the
changes be read by the Clerk. 99-1, Feb. 27, 1985, p 3888; 99-1, June
27, 1985, p 17875. In one instance, the House by unanimous consent
authorized the Clerk to engross in its introduced form a bill recently
passed in an amended form under suspension of the rules. 106-2, July
27, 2000, p 16607.
The engrossment of House amendments to Senate bills that have not
been messaged to the Senate may likewise be corrected by unanimous
consent, the Clerk being directed to make the necessary change.
Deschler Ch 24 Sec. Sec. 12.8, 12.9, 12.11. Thus, in one instance, by
unanimous consent, the

[[Page 773]]

Clerk was authorized to correct the engrossment of a House amendment
to a Senate bill passed on the preceding day to reflect the adoption
in Committee of the Whole of an amendment that was inadvertently not
reported to the House. 94-1, May 7, 1975, p 13363. The same procedure
has been used to correct the engrossment of a House amendment to a
Senate bill by deleting a provision inadvertently included in the
measure. 99-2, Oct. 9, 1986, p 30102.

After Transmittal of Bill to Senate

After a bill has been messaged to the Senate, the House must
request that the Senate return the bill for correction. The House
makes its request by resolution, which may also authorize the Clerk to
reengross the bill with specified changes. Deschler Ch 24 Sec. 12.5. A
resolution in the House requesting the return of a bill of the Senate
to correct an error made by the Clerk in preparing the engrossment of
a House amendment was treated as a question of privilege under rule
IX. Manual Sec. 565; 3 Hinds Sec. 2613.
Where both Houses have acted on the measure a concurrent
resolution may effect changes in the final enrollment. See Sec. 12,
infra.

Sec. 8 . -- Correcting Printing Errors; ``Star Prints''

An engrossment may be ``star printed'' (that is, reprinted with a
star to indicate the reprinting) to rectify a typographical error made
by the Government Printing Office (GPO). This procedure is designed to
substitute a reprinted bill and to show the exact form in which the
bill was actually passed. Deschler Ch 24 Sec. 12.1.
The star print procedure is appropriate to correct GPO printing
errors in a bill until both Houses have acted on the measure.
Thereafter, a concurrent resolution to correct an enrollment is used
to correct printing errors in a bill. Deschler Ch 24 Sec. 14.7.

Sec. 9 . Transmittal of Bills Between the Houses

A bill, having passed one House and having been engrossed and
attested, is transmitted to the other House by message. Deschler Ch 24
Sec. 12.1. One House may message to the other a request to return a
bill for the correction of errors or otherwise. Manual Sec. 565; 3
Hinds Sec. 2613; 4 Hinds Sec. Sec. 3460-3465. A request by the Senate
for the return of a bill, if alleging an error in preparation, is
treated as privileged in the House. However, if not alleging error but
rather seeking a substantive change, such a request would require
unanimous consent. Manual Sec. 565. The question is put to the House
without debate. 95-1, Aug. 3, 1977, p 26538. The House may by

[[Page 774]]

unanimous consent agree to a request of the Senate for the return of a
Senate bill, even where the bill has been referred to a House
committee. 91-1, July 10, 1969, p 19095.

Sec. 10 . Enrollment of Bills Passed by Both Houses

When a bill or joint resolution has passed both Houses, the papers
are delivered to the House that originated the measure, and a final
version--called the enrolled bill--is prepared. If the bill originated
in the House, it is enrolled under the supervision of the Clerk.
Manual Sec. 648. The enrollment is printed on distinctive paper under
special supervision of the enrolling clerks of the House or the
Senate. 1 USC Sec. 107; Deschler Ch 24 Sec. 14. This printing
requirement may be waived by the enactment of a joint resolution, or,
during the last six days of the session, by the adoption of a
concurrent resolution. 1 USC Sec. 106; Manual Sec. 574. The enrolled
bill is signed by the presiding officers of the House and the Senate
and is delivered to the President for approval. See Sec. Sec. 11-13,
infra. If approved by the President, the measure is sent to the
National Archives. 1 USC Sec. 106a.
It has been held that the validity of an enrolled bill signed by
the President cannot be questioned on account of the pendency of a
motion to reconsider, the signing of the enrolled bill by the Speaker
and Vice President being complete and unimpeachable evidence of its
passage. See Field v. Clark, 143 U.S. 649 (1892).

Sec. 11 . -- Certification and Signing

Approval and Certification

A House-enrolled bill or joint resolution must be approved as to
form and accuracy by the Clerk, although this requirement on rare
occasions has been waived by unanimous consent. Manual Sec. 648; 4
Hinds Sec. 3452. In addition, House-enrolled bills are certified by
the Clerk as having originated in the House. Senate enrollments are
delivered to the House after similar examination and certification by
the Secretary of the Senate. Deschler Ch 24 Sec. 15.

Signing

Ordinarily, enrollments are signed first by the Speaker and then
by the President of the Senate. 4 Hinds Sec. 3429. In early Congresses
the Speaker could not sign an enrolled bill in the absence of a
quorum. 4 Hinds Sec. 3458. Today, under clause 4 of rule I, the
Speaker has standing authority to sign enrolled bills even if the
House is not in session; and bills passed at one session may be signed
by the Speaker at the next session. Manual Sec. 624; 7 Cannon
Sec. 1075. The Committee of the Whole may rise informally without

[[Page 775]]

motion to enable the Speaker to assume the Chair to lay an enrolled
bill before the House. Manual Sec. 625.

Signing by the Speaker Pro Tempore

A Speaker pro tempore elected by the House may sign enrolled
bills. 2 Hinds Sec. 1401. Under clause 8(b)(2) of rule I, the Speaker
may appoint a Member to act as Speaker pro tempore only to sign
enrolled bills for a specified period of time, subject to the approval
of the House. However, a Member merely called to the Chair during the
day or designated by the Speaker for a purpose other than to sign
enrolled bills, may not exercise this function. 2 Hinds
Sec. Sec. 1399, 1401; 6 Cannon Sec. 276.

Sec. 12 . -- Corrections in Enrollment

Generally; Authorizing Corrections Before Enrollment

The Clerk of the House may be authorized by concurrent resolution
to make certain corrections in the enrollment of a House bill. 7
Cannon Sec. 1068. The authorizing resolution may be agreed to by one
House even before the bill to be corrected has passed the other House.
In one instance the House agreed to a concurrent resolution correcting
the enrollment of a joint resolution before the consideration of a
conference report on that measure. 99-1, Dec. 11, 1985, pp 35957,
35958.
Corrections made in this manner often involve nothing more than
spelling errors or an error in the title of a bill. However, a
concurrent resolution may authorize the Clerk to make extensive
substantive changes. Deschler Ch 24 Sec. Sec. 14.5-14.7.
Corrections in enrolled bills are normally made by the House that
originated the bill, but the concurrent resolution authorizing the
changes may originate in either House. Thus, the House may originate a
concurrent resolution directing the Secretary of the Senate to make
corrections in the enrollment of a Senate bill. Deschler Ch 24
Sec. 14.18.

Authorizing Corrections After Enrollment

The correction of a bill, even after its enrollment, may be
ordered by concurrent resolution of the two Houses. 4 Hinds Sec. 3451;
7 Cannon Sec. 1041. If the enrolled bill has not been signed by the
respective presiding officers, the resolution may simply direct the
Clerk to reenroll the bill with a correction. Deschler Ch 24
Sec. 14.14. If the enrolled bill has been so signed, the two Houses by
concurrent action may authorize the rescission or cancellation of the
signatures and a reenrollment. 4 Hinds Sec. Sec. 3453-3459; Deschler
Ch 24 Sec. 14.13. In the same way, signatures may be canceled on a
bill prematurely enrolled. 4 Hinds Sec. 3454; Deschler Ch 24
Sec. Sec. 15.12, 15.13. The res

[[Page 776]]

olution may not only rescind the action of the Speaker and President
of the Senate in signing the bill but also may direct the Clerk to
reenroll the bill with certain changes or to provide for its return to
the Senate. Deschler Ch 24 Sec. Sec. 14.9-14.11.

Correction or Recall of Bills Delivered to the President

Corrections or changes in enrolled bills that have been delivered
to the White House but not signed into law traditionally have been
effected by a concurrent resolution, considered by unanimous consent,
that requests the return of the bill and vacates the signatures of the
Speaker and the President of the Senate. The resolution may direct a
reenrollment with corrections by the Clerk of the House or the
Secretary of the Senate, as appropriate. 4 Hinds Sec. Sec. 3507, 3508;
Deschler Ch 24 Sec. Sec. 16.1-16.4. Bills retrieved and corrected
under this procedure are resubmitted to the President for approval.
However, in one instance, a concurrent resolution was used to request
the recall of a bill from the White House, to rescind the signatures
of the two presiding officers and to postpone the bill indefinitely.
Deschler Ch 24 Sec. 16.5.
The use of concurrent resolutions to recall a bill to correct an
error is appropriate only with respect to bills that have not been
signed, or are presumed not to have been signed, by the President. 4
Hinds Sec. 3507 (note). Once a bill has been signed, it becomes law;
and changes in it can be effected only by amending the measure
pursuant to the passage of a bill or joint resolution. Thus, where the
President signed a bill from which a section was inadvertently omitted
during enrollment, the Congress immediately passed a joint resolution
amending the law to insert the omitted section. Deschler Ch 24
Sec. 14.19.

Consideration of Resolution

Concurrent resolutions making corrections in an enrolled bill are
not privileged for consideration and are normally considered by
unanimous consent. See, e.g., Deschler Ch 24 Sec. 14.5. However, they
also may be considered under suspension of the rules (93-2, Aug. 5,
1974, p 26796), or under a special order of business reported from the
Committee on Rules (93-2, Dec. 13, 1974, p 39596). Such a resolution
may also be taken up pursuant to a special order of business from the
Committee on Rules ``hereby'' adopting that resolution. Manual
Sec. 855.

[[Page 777]]

Sec. 13 . Delivery of Measures to the President

Bills

The Constitution requires that every bill that passes the House
and the Senate be presented to the President of the United States for
approval. U.S. Const. art. I, Sec. 7. In early Congresses a joint
committee took enrolled bills to the President. 4 Hinds Sec. 3432.
However, in the later practice, the Clerk of the House or the
Secretary of the Senate has responsibility for the enrollment of bills
and for presenting the bills from that House to the President. Such
presentation is recorded in the Journal. Manual Sec. 577.
Enrolled bills pending at the close of a session have at the next
session of the same Congress been ordered to be presented as if no
adjournment had taken place. 4 Hinds Sec. Sec. 3487, 3488. Enrolled
bills signed by the presiding officers at one session have been sent
to the President and approved at the next session of the same
Congress. 4 Hinds Sec. 3486. Bills enrolled in one Congress have been
presented to the President and been signed by the President after the
convening of the next Congress. Manual Sec. 577.

Joint Resolutions

A joint resolution is a bill so far as the processes of Congress
are concerned, with the exception of joint resolutions proposing
amendments to the Constitution. 4 Hinds Sec. 3375. Joint resolutions
proposing amendments to the Constitution require a two-thirds vote to
pass and are not sent to the President for approval. Manual Sec. 397;
4 Hinds Sec. 3483; 5 Hinds Sec. 7040. Such joint resolutions, after
passage by both Houses, are delivered to the Archivist. 1 USC
Sec. 106b.

Concurrent Resolutions

It has been the uniform practice of the Congress, since the
organization of the government, not to present concurrent resolutions
to the President for approval and to avoid incorporating in such
resolutions any matter of strict legislation requiring such
presentation. Concurrent resolutions have been used merely to express
the sense of Congress on a given subject, to adjourn for longer than
three days, or to accomplish some purpose in which both Houses have a
common interest but with which the President has no concern. Such
resolutions have ``never embraced legislative provisions proper and
hence have never been deemed to require executive approval.'' Manual
Sec. 396; 4 Hinds Sec. 3483.

[[Page 779]]

CHAPTER 45
RECESS

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. House Authorization; Motions
Sec. 3. Duration of Recess
Sec. 4. Purpose of Recess
Research References
5 Hinds Sec. Sec. 6663-6671
8 Cannon Sec. Sec. 3354-3362
Deschler-Brown-Johnson Ch 39
Manual Sec. Sec. 586, 911, 913

Sec. 1 . In General

Under clause 12(a) of rule I, the Speaker may declare a recess
``for a short time'' when no question is pending before the House.
Under clause 12(b) of rule I, the Speaker or chair of the Committee of
the Whole may declare an emergency recess when notified of an imminent
threat to the safety of the House. Recesses also may be declared by
the Speaker pursuant to authority granted by the House by privileged
motion. Sec. 2, infra. Except in case of emergency under clause 12(b)
of rule I, recesses are not permitted in the Committee of the Whole
except with the permission of the House. 5 Hinds Sec. Sec. 6669-6671;
8 Cannon Sec. 3357.
Recess is to be distinguished from adjournment. Recesses are taken
during a legislative day, whereas adjournments terminate a legislative
day. Another distinguishing feature is that, during a recess, the Mace
remains in place on the rostrum, indicating that the House continues
in session. Bills may be introduced and reports may be filed through
the hopper.
Except for an emergency recess under clause 12(b) of rule I, a
recess may not interrupt a call of the roll or a recorded vote, even
though the House has previously given authority to declare a recess at
any time. 5 Hinds Sec. Sec. 6054, 6055. However, when the hour
previously fixed for a recess arrived, the Chair declared the House in
recess during a division vote. 5 Hinds Sec. 6665.

[[Page 780]]

Sec. 2 . House Authorization; Motions

The House may specifically authorize the Speaker to declare a
recess, but in modern practice, the standing authority in clause 12(a)
of rule I (to declare a recess when no question is pending) has made
such specific authorizations infrequent. The House may, by motion, by
unanimous consent, by suspension of the rules, or by special order of
business, authorize the Speaker to declare a recess. Clause 4 of rule
XVI; Manual Sec. Sec. 83, 586, 911, 913; Deschler Ch 21 Sec. 11.8. The
authority may be for a single recess on a given day, for several
recesses subject to the call of the Chair, or for more than one day.
104-1, Dec. 15, 1995, p 37107 (motion); 104-1, Dec. 21, 1995, p 38475
(special order of business). However, no recess declared by the
Speaker or authorized by the House alone can exceed three days (not
including Sundays) because that would violate the constitutional
requirement for Senate consent. U.S. Const. art. I, Sec. 5; see also
Sec. 3, infra.
The Speaker also may be authorized to declare a recess:

At any time during the remainder of the day. 87-2, Sept. 12,
1962, p 19258.
On the following day. 86-1, May 26, 1959, p 9155.
During the remainder of the week. 90-1, Dec. 15, 1967, p
37126.
At any time on certain days of the week. 88-2, Apr. 7, 1964, p
7119.
At any time on the legislative days of Friday and Saturday and
if necessary on Sunday. 97-1, Nov. 19, 1981, p 28211.
At any time during the remainder of the session. Deschler Ch
21 Sec. 11.8.
On a specific day to accommodate a joint meeting. 110-1, Nov.
1, 2007, p 29042.

Motions to Authorize a Recess

Clause 4(c) of rule XVI permits the Speaker to entertain ``at any
time'' a motion authorizing the Chair to declare a recess. The motion
may be adopted by simple majority vote.
Rule XVI gives the motion for a recess a privileged status equal
to that of the motion to adjourn, which is a motion of the highest
precedence and privilege. Manual Sec. Sec. 911, 912; see Adjournment.
Before the adoption of this rule in 1991, the motion to authorize a
recess was not privileged in the House and could be entertained only
by unanimous consent (8 Cannon Sec. 3354), although a privileged
motion to recess was permitted by rule from 1880 to 1890 (8 Cannon
Sec. 3356).
A motion to authorize the Speaker to declare a recess is not
debatable or amendable. Manual Sec. Sec. 911, 913.

[[Page 781]]

Quorum Requirements

A vote by the House to authorize the Speaker to declare a recess
requires a quorum. 4 Hinds Sec. Sec. 2955-2960. A motion for a recess
cannot be entertained if the absence of a quorum has been declared. 4
Hinds Sec. 2958-2960. However, when the hour previously fixed for a
recess arrives, the Chair declares the House in recess, even if a
quorum is not present. 5 Hinds Sec. Sec. 6665, 6666.

Sec. 3 . Duration of Recess

Generally

The Speaker may be authorized by the House to declare a recess to
a time certain on that day (92-2, Oct. 14, 1972, p 36474), or to
declare a recess until a time certain on the following calendar day
(97-1, Nov. 20, 1981, p 28628). Overnight recess may be authorized, in
which event the same legislative day is retained. 98-1, Nov. 10, 1983,
p 32200. A recess does not terminate a legislative day, and a
legislative day may not be terminated during recess. 8 Cannon
Sec. 3356. In rare circumstances, upon the expiration of an overnight
recess, the House is called to order and the Chaplain offers the
prayer. 104-1, Dec. 18, 1995, p 37310; 107-1, Sept. 12, 2001, pp
16752, 16753.
When a recess is declared, the bell and light system will so
indicate with six bells and six lights. Termination of a recess is
indicated by three bells and three lights.
The Speaker has been authorized to declare recesses at any time
during a Thursday-evening-to-Monday-noon period subject to the call of
the Chair. 98-1, Nov. 10, 1983, p 32197. However, a recess cannot
extend longer than three days by House order alone, because of the
constitutional requirement that neither House may adjourn for more
than three days without the consent of the other. See Adjournment.
Authority for such adjournments is provided by concurrent resolution,
whereas adjournments of three days or less may be ordered by the House
alone. 94-1, Feb. 6, 1975, pp 2641, 2642.

Recess for a Short Time; Emergency Recess

The Speaker is permitted by clause 12(a) of rule I to declare a
recess for ``a short time . . . subject to the call of the Chair,''
when no question is pending before the House. The Speaker has used
this authority to recess the House overnight. See, e.g., 106-2, Dec.
14, 2000, p 26657; 107-1, May 3, 2001, pp 7134-37; 110-1, July 25,
2007, p 20762.
The House stood in recess on the legislative day of September 11,
2001, from 9:52 a.m. on September 11 until 10:03 a.m. on September 12.

[[Page 782]]

107-1, Sept. 11, 2001, pp 16750-52; Deschler-Brown-Johnson Ch 39
Sec. 2.17. As a result of the events of September 11, the House
adopted clause 12(b) of rule I in the 108th Congress. Clause 12(b)
authorizes the Speaker, even when business is pending, to declare an
emergency recess when notified of an imminent threat to the safety of
the House. This clause was amended in the 110th Congress to provide
the same authority to the chair of the Committee of the Whole.
The Speaker's declaration of a recess for a ``short time'' under
clause 12 of rule I may follow the postponement of a question under
clause 8 of rule XX because, after postponement, a question is no
longer pending before the House. The Speaker also has the authority to
postpone consideration of a measure under clause 1(c) of rule XIX.
These authorities have become familiar scheduling techniques of the
majority leadership in the modern practice of the House.
The customary inquiry by the Chair, ``For what purpose does the
gentle___ rise?'' does not immediately confer recognition, such that a
Member's mere revelation that such Member seeks to offer a motion to
adjourn does not suffice to make that motion ``pending'' so as to
prevent a declaration of a short recess. Deschler-Brown-Johnson Ch 39
Sec. Sec. 2.22, 2.24.

Emergency Convening Authority

During any recess or adjournment of not more than three days, if
the Speaker is notified by the Sergeant-at-Arms of an imminent
impairment of the place of reconvening, then the Speaker may, in
consultation with the Minority Leader, postpone the time for
reconvening within the three-day limit prescribed by the Constitution.
In the alternative, the Speaker, under the same conditions, may
reconvene the House before the time previously appointed solely to
declare the House in recess within that three-day limit. Clause 12(c)
of rule I.
The House has entered an order authorizing the Speaker or a
designee, during any recess or adjournment of not more than three
days, to reconvene the House at a time other than that previously
appointed, within the three-day limit prescribed by the Constitution,
based on a determination that the public interest so warrants and
after consultation with the Minority Leader. 112-1, H. Res. 479, Dec.
6, 2011, p __.

Sec. 4 . Purpose of Recess

Where the Speaker is given authority to declare a recess by
unanimous consent or a special order of business, the specific purpose
of the recess

[[Page 783]]

may be stipulated. The Speaker may be authorized to declare the House
in recess in order to:

Attend to a Member who has suddenly taken ill on the floor of
the House. 91-1, July 8, 1969, p 18614.
Await the receipt of a message from the President. 91-1, Jan.
17, 1969, pp 1188-92.
Await a message from the Senate. 91-1, Feb. 7, 1969, p 3268.
Await a report from a committee on certain emergency
legislation. 91-2, Mar. 4, 1970, p 5867.
Await a conference report. 92-1, Dec. 14, 1971, pp 46884-88.
Await a report from the Committee on Rules. 91-2, Mar. 4,
1970, p 5867.
Await Senate action on a House joint resolution continuing
appropriations for several departments of the government that
are without funds. 95-1, Nov. 4, 1977, p 37066.
Await or attend a joint meeting to receive certain
dignitaries. 92-1, Sept. 8, 1971, p 30845.
Receive former Members of the House in the Chamber. 95-2, May
19, 1978, p 14660.
Permit Members to attend certain ceremonies. 93-2, Dec. 19,
1974, p 41604.
Make preparations for a secret session of the House. 96-1,
June 20, 1979, p 15711.

Recesses for many of the purposes outlined above, as well as for
unannounced purposes, are now accomplished under the Speaker's
authority to declare a short recess under clause 12(a) of rule I.

[[Page 785]]

CHAPTER 46
RECOGNITION

HOUSE PRACTICE

A. Introduction; Power of Recognition

Sec. 1. In General; Seeking Recognition
Sec. 2. Power and Discretion of Chair
Sec. 3. Limitations; Bases for Denial
Sec. 4. Alternation in Recognition

B. Right to Recognition; Priorities

Sec. 5. In General
Sec. 6. Priorities of Committee Members
Sec. 7. Right of Member in Control
Sec. 8. Right to Open and Close General Debate
Sec. 9. -- To Close Debate on Amendments

C. Recognition on Particular Questions

Sec. 10. In General; As to Bills
Sec. 11. For Motions
Sec. 12. Of Opposition After Rejection of Motion
Sec. 13. As to Special Orders of Business
Sec. 14. Under the Five-Minute Rule
Sec. 15. -- Under Limited Five-Minute Debate
Sec. 16. As to House-Senate Conferences
Research References
2 Hinds Sec. Sec. 1419-1479; 5 Hinds Sec. Sec. 4978-5079
6 Cannon Sec. Sec. 283-313; 8 Cannon Sec. Sec. 2448-2478
Deschler-Brown Ch 29 Sec. Sec. 8-23
Manual Sec. Sec. 354-357, 949-956, 958, 959, 966, 997

[[Page 786]]

A. Introduction; Power of Recognition

Sec. 1 . In General; Seeking Recognition

In order to address the House or to offer a motion or make an
objection, a Member first must secure recognition from the Speaker or
from the chair of the Committee of the Whole. Clause 1 of rule XVII;
Manual Sec. 945. Under the rule, the Chair has the power and
discretion to determine who will be recognized and for what purpose. 2
Hinds Sec. Sec. 1422-1424; see generally Sec. 2, infra. To determine a
Member's claim to the floor, the Chair may ask for what purpose a
Member seeks recognition and may grant recognition for the specific
purpose indicated. Manual Sec. 953.

Duty to Rise and Remain Standing

Members must seek recognition at the proper time in order to
protect their rights to make points of order or to offer amendments.
Deschler-Brown Ch 29 Sec. 20.25. A Member must be standing and must
address the Chair in order to be recognized and may not remain seated
at the committee table while engaging in debate. Deschler-Brown Ch 29
Sec. Sec. 8.4, 8.5. Although a Member controlling the floor in debate
must remain standing, a Member who inadvertently sits down and then
immediately stands again before the Chair recognizes another Member
may be permitted to retain control of the floor. Deschler-Brown Ch 29
Sec. 33.22.
The mere placing of an amendment on the Clerk's desk does not
bestow recognition. Deschler-Brown Ch 29 Sec. 19.6. Where numerous
amendments that might be offered to a bill have been left with the
Clerk, the Chair may remind all Members seeking to offer amendments
not only to stand but to seek recognition at the appropriate time.
Deschler-Brown Ch 29 Sec. 8.17. A Member recognized in support of an
amendment may yield to another for a question or a brief statement,
but the Member must remain standing in order to protect such
individual's right to the floor. Deschler-Brown Ch 29 Sec. 29.8.

Form

The language used to obtain the floor and to grant recognition to
Members follows a traditional format of long standing:

Member: M_. Speaker (or M_. Chair). . . .

Note: This form of address is used whether the Member is seeking
recognition to offer a proposition or interrupt a Member having the
floor. 5 Hinds Sec. 4979; 6 Cannon Sec. 193. Such salutations as
``Gentlemen of the House'' or

[[Page 787]]

``Ladies and gentlemen'' are not in order. 6 Cannon Sec. 285.

Speaker (or Chair): For what purpose does the gentle___ seek
recognition?

Note: This question enables the Chair to determine whether the
Member proposes a matter that may be entitled to precedence or is
otherwise in order under the rules of the House. 6 Cannon
Sec. Sec. 289-291.

Member: I rise to offer a motion to _____ (or raise other stated
business).
Speaker (or Chair): The Chair recognizes the gentle___ from _____
(Member's State).

Recognition to Interrupt a Member

A Member who wishes to interrupt another who has the floor must
obtain recognition from the Chair. Deschler-Brown Ch 29 Sec. 8.2.
However, in most cases, it is within the discretion of the Member
occupying the floor to determine when and by whom such Member shall be
interrupted. Manual Sec. Sec. 364, 946.

Cross References

Recognition is governed in specific instances and in specific
parliamentary situations by practices covered fully elsewhere in this
work; for example, Amendments; Previous Question; Refer and Recommit;
and Reconsideration. For the Speaker's announced policy of conferring
recognition for unanimous-consent requests for the consideration of
certain measures, see Unanimous-Consent Agreements.

Sec. 2 . Power and Discretion of Chair

In Jefferson's time, the Speaker was required by House rule to
recognize the Member who was ``first up.'' 2 Hinds Sec. 1420. In case
of doubt, there was an appeal from the Speaker's recognition of a
particular Member. 2 Hinds Sec. Sec. 1429-1434. This practice was
changed, beginning in 1879, when the House adopted a report asserting
that ``discretion must be lodged with the presiding officer.'' The
report alluded to the practice of listing those Members desiring to
speak on a given proposition but indicated that the Chair should not
be obligated to follow the order stipulated. Rather, the report
recommended that the Chair be free to exercise ``a wise and just
discretion in the interest of full and fair debate.'' 2 Hinds
Sec. 1424. Today clause 2 of rule XVII gives the Chair the power and
discretion to decide who shall be recognized, and that decision is no
longer subject to appeal. Manual Sec. Sec. 949, 953; 8 Cannon
Sec. Sec. 2429, 2646; 109-2, June 22, 2006, p 12299. There

[[Page 788]]

has been no appeal from a decision of the Speaker on a question of
recognition since 1881. Manual Sec. 356.
Of course, the recognition of particular Members often is governed
by the rules and precedents pertaining to the order of business or by
special orders of business from the Committee on Rules. See
Sec. Sec. 3, 4, infra. However, where matters of equal privilege are
pending, the order of their consideration is subject to the Speaker's
discretionary power of recognition. Deschler-Brown Ch 29 Sec. 9.55. It
follows that, when more than one Member seeks recognition to call up
privileged business, it is within the discretion of the Speaker whom
to recognize. Clause 2 of rule XVII; Deschler-Brown Ch 29 Sec. 9.56.
Clause 6 of rule XIV, which provides that questions relating to
the priority of business are to be decided by a majority without
debate, may not be invoked to inhibit the Speaker's power of
recognition. Manual Sec. 884.

Sec. 3 . Limitations; Bases for Denial

The Speaker's power of recognition is subject to limitations
imposed by the rules, such as clause 7 of rule XVII (prohibiting the
Chair from recognizing a Member to draw attention to gallery
occupants) and clause 2 of rule IV (restricting use of and admission
to the Hall of the House). Manual Sec. Sec. 677, 678, 966; Deschler-
Brown Ch 29 Sec. 11.10. The Chair's power of recognition also is
governed by established practice and precedent, such as the long-
standing tradition that a member of the committee reporting a bill is
first recognized for motions to dispose of the bill (see Sec. 11,
infra) and the Speaker's announced policy of conferring recognition
for unanimous-consent requests for the consideration of certain
measures (see Unanimous-Consent Agreements).

Sec. 4 . Alternation in Recognition

In the House

Under the standing rules of the House, the Member reporting or
calling up a measure is entitled to recognition for one hour, during
which time such Member may yield to others. At the close of that hour,
unless the previous question is moved, the ranking Member in
opposition may be recognized for an hour with the same privilege of
yielding. Thereafter, until the previous question is invoked, other
Members favoring and opposing the measure are recognized alternately,
preference again being given to members of the committee reporting the
measure. Manual Sec. 955; 8 Cannon Sec. 2460.
Absent a special order of business making party affiliation
pertinent, the Chair alternates according to differences on the
pending question rather than

[[Page 789]]

according to political affiliation. 2 Hinds Sec. 1444. Where the
special order of business allots control of time to ``the chair and
the ranking minority member of the committee'' (which is ordinarily
the case in the modern practice) the term ``minority'' is construed to
refer to the minority party in the House and not to those in the
minority on the pending question. 7 Cannon Sec. 767. However, a
special order of business that allots control of time to those for and
against a proposition does not necessarily require a division between
the majority and minority parties of the House but, rather, a division
between those actually favoring and opposing the measure. 7 Cannon
Sec. 766. Rules found in provisions of law establishing procedures for
overturning executive decisions normally provide for equal division of
time for debate between those favoring and those opposing a
proposition, without designating who should control the time.
Therefore, it is within the discretion of the Chair to recognize a
Member supporting and a Member opposing the measure. Manual Sec. 1130;
7 Cannon Sec. 785.

In Committee of the Whole

A similar alternation procedure is followed during general debate
in the Committee of the Whole. The usual practice is for the Chair to
alternate between those given control of debate time under a special
order of business, usually the chair and ranking minority member. 7
Cannon Sec. 875; Deschler-Brown Ch 29 Sec. 28.15.
It is the usual practice in the Committee of the Whole, during
consideration of a measure under the five-minute rule, to alternate
between majority and minority members, giving priority to members of
the reporting committee in the order of seniority on the full
committee. Deschler-Brown Ch 29 Sec. 21.1. The Chair follows this
principle whether recognizing Members to debate a pending amendment or
to offer an amendment. Deschler-Brown Ch 29 Sec. 13.9. Because the
Chair normally has no knowledge whether specific Members oppose or
support the pending proposition, the Chair cannot strictly alternate
between both sides of the question. Deschler-Brown Ch 29 Sec. 25.14.
However, when an amendment is offered initially, clause 5 of rule
XVIII (the five-minute rule) contemplates that the five minutes
allotted the proponent is followed by recognition of a Member in
opposition to the amendment.

[[Page 790]]

B. Right to Recognition; Priorities

Sec. 5 . In General

Clause 2 of rule XVII directs the Speaker to ``name the Member,
Delegate, or Resident Commissioner who is first to speak'' when two or
more Members rise at once. The Speaker or Chair has the discretion to
determine the order or sequence in which Members will be recognized in
debate. Manual Sec. 949; Deschler-Brown Ch 29 Sec. Sec. 9.2, 12.1,
19.20. However, the Chair's determination of priorities is governed by
many factors, such as whether the pending proposition has been
reported by a committee, whether it is given priority or is privileged
under the rules, and whether the rules and practices of the House
dictate a priority in recognition. For example, in recognizing a
Member for a motion to recommit (who must qualify as being opposed to
the bill), the Speaker gives preference to the Minority Leader and
then to minority members of the committee reporting the bill in order
of their rank on the committee. Deschler Ch 23 Sec. 27.18; see
generally Refer and Recommit.

Sec. 6 . Priorities of Committee Members

Priority of Committee Members Over Nonmembers

Absent a special order of business providing to the contrary, the
members of the committee reporting a bill are entitled to priority in
recognition over nonmembers for debate on the bill. Manual
Sec. Sec. 953, 955; 2 Hinds Sec. Sec. 1438, 1448; 6 Cannon
Sec. Sec. 306, 307; Sec. 14, infra. Members of the committee reporting
a bill also have priority in recognition to make points of order
against proposed amendments to the bill. Deschler-Brown Ch 29
Sec. 13.3.
The practice of according priority to committee members is an
ancient one, having been adapted from that of the English Parliament.
It is reasoned that the members of the reporting committee--having
worked for months, if not years, on the legislation--are naturally
more familiar with its strengths and weaknesses. Deschler-Brown Ch 29
Sec. 13.12. They are entitled to priority in recognition, even over
the Member who introduced the bill. Deschler-Brown Ch 29 Sec. 13.13.
However, if the proposition has been brought directly before the House
independently of a committee, the proponent may be entitled to
priority in recognition for motions and debate. Sec. 10, infra.

Recognition of Committee Chairs

The chair of the reporting committee usually has charge of the
bill and is entitled at all stages to priority in recognition for
allowable motions in

[[Page 791]]

tended to expedite it. Deschler-Brown Ch 29 Sec. Sec. 12.2, 24. If the
chair is opposed to the bill, however, the chair ordinarily yields
priority in recognition to a member of the committee who favors the
bill. 2 Hinds Sec. 1449.

Priorities as Between Committee Members

Recognition is extended to committee members on the basis of their
committee seniority, with the Chair alternating between members of the
majority and the minority. Deschler-Brown Ch 29 Sec. 13.25; Sec. 4,
supra. Where opposition is relevant to recognition and no committee
member rises in opposition to the measure, any Member may be
recognized in opposition. 7 Cannon Sec. 958.

Effect of Failure to Seek Recognition

Although members of the committee reporting a bill under
consideration have preference in recognition, a member may lose such
preference if recognition is not sought in a timely manner. Deschler-
Brown Ch 29 Sec. 13.13. The Chair may recognize another on the basis
that the committee member, though standing, is not actively seeking
recognition. Deschler-Brown Ch 29 Sec. 13.14.

Sec. 7 . Right of Member in Control

Where a Member has been placed in charge of a bill by the
reporting committee, or has been so designated by a special order of
business from the Committee on Rules, the Member named as manager is
recognized to call up the measure. Clause 3(a) of rule XVII; Deschler-
Brown Ch 29 Sec. 27.1; 110-1, Jan. 18, 2007, p 1624. Preference in
recognition is accorded to the manager over other Members. Clause 3(a)
of rule XVII; Deschler-Brown Ch 29 Sec. 24.1. This priority in
recognition of the Member in charge prevails in both the House and in
the Committee of the Whole. Clause 3(a) of rule XVII; Deschler-Brown
Ch 29 Sec. Sec. 12.10, 14.3.
The Member in charge of the bill also is entitled at all stages to
priority in recognition for allowable motions intended to expedite the
bill, from the time of its first consideration to the time of
consideration of Senate amendments and conference reports. 2 Hinds
Sec. Sec. 1451, 1452, 1457; 6 Cannon Sec. Sec. 300, 301. For example,
the Member who has been recognized to call up a measure in the House
has priority in recognition to move the previous question thereon,
even over the chair of the committee reporting that measure. Manual
Sec. 953.
The fact that a Member has the floor on one matter does not
necessarily entitle such Member to priority in recognition on a motion
relating to another matter. 2 Hinds Sec. 1464. Before the Member in
charge has begun de

[[Page 792]]

bate, a Member proposing a preferential motion is entitled to
recognition. 5 Hinds Sec. Sec. 5391-5395. However, once debate has
begun, a Member may not deprive the Member in charge of the floor by
offering a debatable motion of higher privilege than the pending
motion. Manual Sec. 953; 2 Hinds Sec. Sec. 1460-1463; 6 Cannon
Sec. Sec. 297-299; 8 Cannon Sec. Sec. 2454, 3183, 3193, 3197, 3259.

Sec. 8 . Right to Open and Close General Debate

Generally

Clause 3(a) of rule XVII provides that the Member reporting a
measure from a committee is entitled to open and close general debate
on that measure. Manual Sec. 958. Otherwise, clause 3(b) of rule XVII
precludes a Member from speaking twice on the same question without
leave of the House. Manual Sec. 959. Under the modern practice,
however, where a special order of business places the control of
debate in a ``manager,'' or divides the time between the chair and
ranking minority member of the committee reporting the measure, those
controlling the time may yield to other Members as often as they
desire, and are not restricted by this rule. Manual Sec. 959. The
minority member controlling one-half of the time must consume it or
yield it back before the closing of debate. Deschler-Brown Ch 29
Sec. 24.19. A majority manager of the bill who represents the primary
committee of jurisdiction is entitled to close general debate (in this
case, as against another manager representing an additional committee
of jurisdiction). Manual Sec. 958.
The manager of a bill for purposes of closing general debate may
be the chair of the reporting committee or a designated majority
member of that committee. Deschler-Brown Ch 29 Sec. Sec. 7.3, 7.4.
The right of the manager to open and close general debate under
clause 3 of rule XVII is recognized in both the House and the
Committee of the Whole. Deschler-Brown Ch 29 Sec. 7.4.

Rights of Proponents

The manager of a bill in control of the time, and not its
proponent, is ordinarily entitled to close general debate. Deschler-
Brown Ch 29 Sec. 7.4. Where existing law provides that general debate
in the Committee of the Whole on a joint resolution shall be equally
divided and controlled by proponents and opponents, a proponent has
the right to open and close general debate. 99-1, Apr. 23, 1985, p
8964. Where a joint resolution having no ``sponsor'' and having not
been referred to a committee was made in order by a special order of
business, its proponent was recognized to open and

[[Page 793]]

close general debate, there being no other ``manager'' of the pending
resolution. 99-2, Apr. 16, 1986, pp 7611, 7629.

Sec. 9 . -- To Close Debate on Amendments

Recognition of Manager of Bill for Motion to Close Debate

In the Committee of the Whole, the Member managing the bill is
entitled to priority in recognition to move to close debate on a
pending amendment over other Members who desire to debate the
amendment or to offer amendments thereto. Deschler-Brown Ch 29
Sec. 78.9.

Recognition of Manager of Bill for Closing Controlled Debate on an
Amendment

Under clause 3(c) of rule XVII, a manager of a bill or other
representative of the committee in opposition to, and not the
proponent of, an amendment has the right to close debate on an
amendment on which debate has been limited and allocated under the
five-minute rule in Committee of the Whole, including a minority
manager. This principle prevails even where the manager of the bill is
the proponent of a pending amendment to the amendment. Manual
Sec. 959.
The Chair will assume that the manager of a measure controlling
time in opposition to an amendment is representing a committee of
jurisdiction, even where the measure called up is unreported, where an
unreported compromise text is made in order as original text in lieu
of committee amendments or where the committee reported the measure
without recommendation. Where the pending text includes a provision
recommended by a committee of sequential referral, a member of that
committee is entitled to close debate against an amendment thereto.
Where the rule providing for the consideration of an unreported
measure designates managers who do not serve on a committee of
jurisdiction, those managers are entitled to close controlled debate
against an amendment thereto. The majority manager of the bill may be
recognized to control time in opposition to an amendment thereto,
without regard to the party affiliation of the proponent, where the
special order of business allocates control to ``a Member opposed.''
The right to close debate in opposition to an amendment devolves to a
member of the committee of jurisdiction who derived debate time by
unanimous consent from a manager who originally had the right to close
debate. The proponent of a first-degree amendment who controls time in
opposition to a second-degree amendment that favors the original bill
over the first-degree amendment does not qualify as a ``manager''
within the meaning of clause 3(c) of rule XVII in opposing. Manual
Sec. 959.

[[Page 794]]

Recognition of Proponent of Amendment

Under certain circumstances, the proponent of an amendment may
close debate where the amendment is not opposed by a manager. For
example, the proponent may close debate where neither a committee
representative nor a Member assigned a managerial role by the
governing special order of business opposes the amendment. Where a
committee representative is allocated control of time in opposition to
an amendment, not by recognition from the Chair but by a unanimous-
consent request of a third Member who was allocated the time by the
Chair, then the committee representative is not entitled to close
debate as against the proponent. Similarly, the proponent of the
amendment may close debate where no representative from the reporting
committee opposes an amendment to a multijurisdictional bill; where
the measure is unreported and has no ``manager'' under the terms of a
special order of business; or where a measure is being managed by a
single reporting committee and the Member controlling time in
opposition, though a member of a committee having jurisdiction over
the amendment, does not represent the reporting committee. Manual
Sec. 959.

C. Recognition on Particular Questions

Sec. 10 . In General; As to Bills

Under long-standing practice, special orders of business give
control of general debate in the House or in the Committee of the
Whole to the chair and ranking minority member of the reporting
committee(s), and recognition is extended accordingly. In the absence
of the chair and ranking minority member designated by the rule, the
Chair recognizes the next ranking majority and minority members for
control of such debate, who may either be informally designated during
a temporary absence upon informing the Chair or who may be formally
designated by unanimous consent for the remainder of the debate.
Deschler-Brown Ch 29 Sec. 9.4. If, on the other hand, the proposition
has been brought directly before the House independently of a
committee, the proponent who calls up the measure is entitled to
priority in recognition for motions and debate. 2 Hinds
Sec. Sec. 1446, 1454; 8 Cannon Sec. 2454.
For a discussion of recognition to offer amendments, see
Amendments. For a discussion of recognition for parliamentary
inquiries and points of order, see Points of Order; Parliamentary
Inquiries.

Discharged Bills

If a bill has not been reported from committee, but is before the
House pursuant to a motion to discharge, the proponents of that motion
are entitled

[[Page 795]]

to priority in recognition for the purpose of managing the bill.
Deschler-Brown Ch 29 Sec. 27.5. For a discussion of recognition of
Members for debate on the motion, see clause 2 of rule XV; Manual
Sec. 892; Discharging Measures from Committees. In recognizing a
Member to control time for debate in opposition to a discharged bill,
the Chair recognizes the chair of the committee having jurisdiction of
the subject matter if opposed. Deschler-Brown Ch 29 Sec. 25.16.

Measures Called Up by Unanimous Consent

Where a measure is called up in the House pursuant to a unanimous-
consent agreement that does not specify the debate time, the Member
calling up the bill is recognized for one hour, and amendments may not
be offered by other Members unless yielded to for that purpose or
unless a motion for the previous question is rejected. Deschler-Brown
Ch 29 Sec. 24.24. By contrast, a measure called up in the House as in
the Committee of the Whole is considered under the five-minute rule.
For the Speaker's policy of conferring recognition for unanimous-
consent requests for the consideration of certain measures, see
Unanimous-Consent Agreements.

Sec. 11 . For Motions

As noted in section 7, supra, the Member in charge of a bill is
entitled at all stages to priority in recognition for allowable
motions intended to expedite the bill, subject to a determination by
the Chair that another Member has a motion of higher precedence. Thus,
where one Member moves a call of the House, and another Member
immediately moves to adjourn, the Chair will recognize the latter
because the motion to adjourn is of higher privilege. 8 Cannon
Sec. 2642. If a preferential motion is debatable, a Member must offer
it before the other Member has begun debate. This is so because a
Member may not, by attempting to offer a preferential motion, deprive
another Member, who has begun to speak, of the floor. 8 Cannon
Sec. 3197.
A Member may lose the right to the floor if neglecting to claim it
before another Member with a preferential motion has been recognized.
2 Hinds Sec. 1435. A Member desiring to offer a motion must actively
seek recognition from the Chair before another motion to dispose of
the pending question has been adopted. The fact that the Member may
have been standing at that time is not sufficient to secure
recognition. Deschler-Brown Ch 29 Sec. 8.19. Moreover, the mere
offering of a motion does not confer recognition. Where another Member
has shown due diligence, such Member may be recognized. Deschler-Brown
Ch 29 Sec. 23.2. The first half of a voice vote having been taken, a
Member may still be recognized for a proper motion

[[Page 796]]

before the second half of the voice vote occurs. 109-2, June 22, 2006,
p 12299; see also Manual Sec. 490.
For treatment of recognition to offer particular kinds of motions,
see Previous Question, Suspension of Rules, Unanimous-Consent
Agreements, and other chapters dealing with specific motions.

Sec. 12 . Of Opposition After Rejection of Motion

Generally

Where an essential motion by the Member in charge of a measure is
defeated, the right to priority in recognition passes to a Member
opposed, as determined by the Speaker. Manual Sec. 954; 2 Hinds
Sec. Sec. 1465-1468; Deschler-Brown Ch 29 Sec. 15.6. Thus, where a
motion for the previous question is rejected on a pending resolution,
the Chair recognizes the Member perceived by the Chair to have led the
opposition to that motion. 6 Cannon Sec. 308; Deschler-Brown Ch 29
Sec. 15.11. Recognition of that Member is not precluded by the fact
that such Member was previously recognized and offered an amendment
that was ruled out on a point of order. 91-1, Jan. 3, 1969, p 27.
The principle that the defeat of an essential motion offered by
the Member in charge causes recognition to pass to the opposition is
applicable in the following instances:

House rejects a motion to lay an adversely reported resolution
of inquiry on the table. Deschler-Brown Ch 29 Sec. 15.3.
House rejects a motion for the previous question on a
resolution reported from the Committee on Rules. Deschler-Brown
Ch 29 Sec. 15.14.
House rejects a motion for the previous question on a
resolution relating to the seating of a Member-elect. Deschler-
Brown Ch 29 Sec. 15.15.
House rejects a motion for the previous question on a
resolution to discipline a Member of the House. 6 Cannon
Sec. 236.
House rejects a motion for the previous question on a
resolution providing for adoption of rules. 6 Cannon Sec. 308.
House rejects a motion for the previous question on a motion
to recommit. 107-2, Feb. 27, 2002, p 2083.
House rejects a motion to dispose of a Senate amendment
reported from conference in disagreement. Manual Sec. 954.
(Recognition passes to opposition for disposition of that
Senate amendment only.)
Committee of the Whole reports a bill adversely. 4 Hinds
Sec. 4897; 8 Cannon Sec. 2430.
Committee of the Whole reports a bill with the recommendation
that the enacting clause be stricken. 8 Cannon Sec. 2629.

This principle applies only to an essential motion by the Member
in charge of the bill. A motion to postpone consideration to a day
certain is

[[Page 797]]

not an essential motion, the defeat of which would require recognition
to pass to a Member opposed. Deschler-Brown Ch 29 Sec. 15.2. The mere
defeat of an amendment proposed by the Member in charge does not
always cause the right to priority in recognition to pass to the
opponents. 2 Hinds Sec. 1478. In any case, the recognition for a
motion by a Member in opposition may be preempted by a motion of
higher precedence. Manual Sec. 954.

Effect of Rejection of Motion for Previous Question on Conference
Report or Rejection of Conference Report

The right to priority in recognition ordinarily passes to a Member
of the opposition when the House refuses to order the previous
question on a conference report, because control passes to the
opposition upon rejection of the motion for the previous question. 2
Hinds Sec. Sec. 1473, 1474; 5 Hinds Sec. 6396. However, the
invalidation of a conference report on a point of order, although
equivalent to its rejection by the House, does not give the Member
raising the question of order the right to the floor and does not
affect the right to recognition. 6 Cannon Sec. 313; 8 Cannon
Sec. 3284. Rejection of a conference report after the previous
question has been ordered thereon does not cause recognition to pass
to a Member opposed to the report, and the manager retains control to
offer the initial motion to dispose of amendments in disagreement.
Manual Sec. 954; 2 Hinds 1477.

Sec. 13 . As to Special Orders of Business

Calling Up Special Orders of Business

Recognition to call up special order of business resolutions
reported from the Committee on Rules may be sought pursuant to the
provisions of clause 6(d) of rule XIII. Manual Sec. 861. Ordinarily,
only a member of the Committee on Rules designated to call up a
special order of business from the committee may be recognized for
that purpose. Deschler-Brown Ch 29 Sec. 18.13. Where a special order
of business has been reported by the committee and has not been called
up within the seven legislative days specified by clause 6(d),
recognition to call it up may be extended to any member of that
committee, including a minority member. Deschler-Brown Ch 29
Sec. 18.13. The Member calling up the resolution must have announced
the intention one calendar day before seeking recognition. See Manual
Sec. 861. Because calling up such a resolution is privileged, the
Speaker would be obliged to recognize for this purpose unless another
matter of equal privilege was proposed, in which case the order of
consideration would be determined pursuant to the Speaker's
discretionary power to grant recognition. Deschler-Brown Ch 29
Sec. 9.55.

[[Page 798]]

Recognition for Debate

A Member recognized to call up a special order of business or
resolution by direction of the Committee on Rules controls one hour of
debate thereon and may offer one or more amendments thereto. Deschler-
Brown Ch 29 Sec. 24.26. Such Member need not have the specific
authorization of the committee to offer an amendment. Manual Sec. 858.
A resolution previously offered and debated but subsequently withdrawn
may be called up again and the Member calling it up is recognized for
a full hour. Deschler-Brown Ch 29 Sec. 18.17. Other Members may be
recognized only if yielded time. Deschler-Brown Ch 29 Sec. 29.23. The
resolution is not subject to amendment from the floor by another
Member unless the Member in charge yields for that purpose or the
House rejects a motion for the previous question. 6 Cannon Sec. 309;
Deschler-Brown Ch 29 Sec. 30.5.
Ordinarily the manager's amendments are voted on after debate and
after the previous question is ordered on the amendments and on the
resolution. 101-2, Sept. 25, 1990, p 25575.

Sec. 14 . Under the Five-Minute Rule

Generally; Effect of a Special Order of Business

Recognition of Members to offer amendments in the Committee of the
Whole under the five-minute rule is within the discretion of the Chair
and cannot be challenged on a point of order. Deschler-Brown Ch 29
Sec. 9.6. The Chair does not anticipate the order in which amendments
may be offered nor does the Chair declare in advance the order in
which Members proposing amendments will be recognized. Deschler-Brown
Ch 29 Sec. 21.3. The Chair endeavors to alternate recognition to offer
amendments between majority and minority Members (giving priority to
committee members). Manual Sec. 980. Of course, if a special order of
business reported from the Committee on Rules specifies those Members
who are to control debate, the Chair will extend recognition
accordingly. However, where the special order of business merely makes
in order the consideration of a particular amendment, it does not
confer a privileged status on the amendment and does not, absent
legislative history establishing a contrary intent by the Committee on
Rules, alter the principle that recognition to offer an amendment
under the five-minute rule is within the discretion of the chair of
the Committee of the Whole. 95-2, May 23, 1978, p 15095. Under the
modern practice, special orders of business often provide
discretionary priority in recognition to Members who have preprinted
their amendments in the Congressional Record. See, e.g., 107-2, H.
Res. 428, May 22, 2002, pp 8675, 8676. As

[[Page 799]]

to the effect of special orders of business on the control and
distribution of debate time, see Consideration and Debate.

Priority of Committee Members over Noncommittee Members

Committee amendments to a pending section are considered before
the Chair entertains amendments from the floor. Deschler Ch 27
Sec. Sec. 26.1-26.3. When entertaining amendments from the floor
during the five-minute rule, the Chair follows certain guidelines as a
matter of long-standing custom. Among them is that recognition is
first accorded to members of the committee reporting the bill over
Members of the House who are not on that committee. Deschler-Brown Ch
29 Sec. 21.1. Thus, the Chair normally will recognize a member of a
committee reporting a bill to offer a substitute for an amendment
before recognizing a noncommittee member, although that committee
member may have been recognized separately to debate the original
amendment. Deschler-Brown Ch 29 Sec. 13.20. Members of the committee
reporting a pending bill are entitled to priority in recognition over
noncommittee members, without regard to their party affiliation. Thus
the Chair may accord priority in recognition to minority members of
the reporting committee over majority noncommittee members to offer
amendments. Deschler-Brown Ch 29 Sec. 13.11.

Priorities as Between Committee Members

In bestowing recognition under the five-minute rule, the Chair
gives preference to the chair and ranking minority member of the
committee reporting the bill under consideration. Deschler-Brown Ch 29
Sec. 12.12. Thereafter, the Chair endeavors to alternate between
majority party and minority party members of the reporting committee.
Manual Sec. 981. Priority in recognition to offer amendments is
extended to members of the full committee reporting the bill
(typically in order of seniority), and the Chair does not accord
priority in recognition to members of the subcommittee that considered
the bill over other members of the full committee. Deschler-Brown Ch
29 Sec. 13.6. However, in five-minute debate on appropriation bills
the Chair has the discretion to recognize members of the subcommittee
handling the bill first, and then recognize members of the full
committee. Deschler-Brown Ch 29 Sec. 12.8.

Sec. 15 . -- Under Limited Five-Minute Debate

The House may, by unanimous consent, agree to limit or extend
debate under the five-minute rule in the Committee of the Whole,
whether or not that debate has commenced. In the Committee of the
Whole, debate under the five-minute rule may be limited by the
Committee by unanimous con

[[Page 800]]

sent or, after preliminary debate, by motion. See Consideration and
Debate. When such a limitation has been agreed to, the general rules
of recognition applied under the five-minute rule are considered
abrogated. Deschler-Brown Ch 29 Sec. 22.14. Decisions regarding
recognition during the remaining time, a division of time not having
been ordered as part of the limitation, are largely within the
discretion of the Chair. Deschler-Brown Ch 29 Sec. 22.15. The Chair
has the discretion to either (1) permit continued debate under the
five-minute rule, (2) allocate the remaining time among those desiring
to speak, or (3) divide the time between a proponent and an opponent
to be yielded by them (which has become the prevailing practice).
Manual Sec. 987. The order in which Members desiring to speak are
recognized is also within the discretion of the Chair. The Chair may
take into account such factors as their committee status, whether they
have amendments at the desk, and their seniority. Deschler-Brown Ch 29
Sec. 22.12.

Sec. 16 . As to House-Senate Conferences

Recognition to Seek a Conference

A motion to send a measure to conference is authorized by clause 1
of rule XXII. Manual Sec. 1069; see Conferences Between the Houses.
The motion is in order if the appropriate committee has authorized the
motion and the Speaker chooses to recognize for that purpose.
Deschler-Brown Ch 29 Sec. 17.1. The Speaker will not recognize for the
motion where the Senate amendment in question has been referred to the
House committee or committees with jurisdiction and they have not yet
had the opportunity to consider the amendment. Manual Sec. 1070.
Recognition for debate and control of debate time on the motion,
see Conferences Between the Houses.

Motions to Instruct Conferees

Recognition to offer a motion to instruct House conferees on a
measure initially being sent to conference is the prerogative of the
minority. The Speaker recognizes the ranking minority member of the
committee reporting the bill if that member seeks recognition to offer
the motion after the request or motion to go to conference is agreed
to and before the Speaker's appointment of conferees. Deschler-Brown
Ch 33 Sec. 11.1. Where two minority members of the committee that has
reported a bill seek recognition to offer a motion to instruct
conferees pending their appointment by the Speaker, the Chair will
recognize the highest ranking minority member of that committee.
Manual Sec. 541.

[[Page 801]]

If a motion for the previous question is voted down on a motion to
instruct the managers on the part of the House, the motion is open to
amendment and the Speaker may recognize a Member opposed to ordering
the previous question to control the time and offer an amendment.
Deschler Ch 23 Sec. 23.7.
For recognition for debate and control of debate time on a motion
to instruct, see Conferences Between the Houses.

Calling Up Conference Reports

A conference report is normally called up for consideration in the
House by the senior majority manager on the part of the House, and
such Member may be recognized to do so, even though such Member did
not sign the report and in fact was opposed to it. Deschler-Brown Ch
29 Sec. 17.7. If the senior House conferee cannot be present on the
floor to call up the report, the Speaker may recognize a junior
majority member of the conference committee. Deschler-Brown Ch 29
Sec. 27.6. The Speaker also may extend recognition to call up the
report to the conferee who serves as chair or ranking majority member
of a committee with jurisdiction. 6 Cannon Sec. 301; Deschler-Brown Ch
29 Sec. 27.7. Where a conference consists of conferees appointed from
more than one committee, the conference report may be called up by the
chair of a committee that was not the primary committee in the House.
97-2, Dec. 21, 1982, pp 33299, 33300.
For recognition to dispose of amendments between the Houses or for
debate thereon, see Senate Bills; Amendments Between the Houses.

[[Page 803]]

CHAPTER 47
RECONSIDERATION

HOUSE PRACTICE

Sec. 1. Generally; Use of Motion
Sec. 2. Pro Forma Motions Distinguished
Sec. 3. Effect of Motion
Sec. 4. Who May Offer Motion
Sec. 5. When Motion Is In Order
Sec. 6. Use in Standing Committees
Sec. 7. Forms
Sec. 8. Precedence and Privilege of Motion
Sec. 9. Quorum Requirements
Sec. 10. Debate and Voting; Withdrawal
Sec. 11. Application to Particular Propositions
Sec. 12. -- Other Motions and Requests
Sec. 13. -- Bills and Resolutions; Amendments
Sec. 14. -- Amendments Between the Houses; Conference Reports
Sec. 15. -- Measures Sent to the Senate or the President
Research References
5 Hinds Sec. Sec. 5605-5705
8 Cannon Sec. Sec. 2774-2795
Deschler Ch 23 Sec. Sec. 33-41
Manual Sec. Sec. 1003-1011

Sec. 1 . Generally; Use of Motion

In General

By long tradition, the vote of the House on a proposition usually
is not final and conclusive until there has been an opportunity to
reconsider it. A proposition is not regarded as passed until a motion
to reconsider it is disposed of or precluded. The motion to reconsider
under clause 3 of rule XIX is the procedural device that permits the
House to review its action on a given proposal. Its purpose is to
allow the House to reflect on the wisdom of its action on the
proposition. Deschler Ch 23 Sec. 33.

Historical Background

Although not mentioned in the first rules of the House, adopted in
1789, the motion to reconsider was at that time well known in
parliamentary

[[Page 804]]

practice. 5 Hinds Sec. 5605. The motion was used in the Continental
Congress and in the House from its first organization. It was made the
subject of a rule of the House in 1802. Manual Sec. 1003. In 1811, the
rule was modified by limiting the time during which the motion might
be offered to ``the same or succeeding day'' as the vote to be
reconsidered. The rule was further revised in 1880, but has existed in
the rules since then with only minor changes. 5 Hinds Sec. 5605.

Use in Committee of the Whole

The motion to reconsider is in order in the House and in the House
as in the Committee of the Whole but not in the Committee of the
Whole. 4 Hinds Sec. Sec. 4716-4718; 8 Cannon Sec. Sec. 2324, 2325,
2793; Deschler Ch 23 Sec. Sec. 33, 39.10; 104-1, May 11, 1995, p
12713. Indeed, a request to reconsider a vote is not in order in the
Committee even by unanimous consent. Deschler Ch 23 Sec. 39.12.
However, on occasion, in lieu of a motion to reconsider, the Chair has
allowed a unanimous-consent request to vacate the proceedings whereby
an amendment had been adopted. Deschler Ch 23 Sec. 39.13.

Entering and Calling Up Distinguished

A distinction should be made between entering the motion and
offering or calling up the motion. Entering the motion and offering
the motion can be separate events. 8 Cannon Sec. 2785. One Member may
enter the motion, and another Member may call up the motion. Sec. 4,
infra. In the modern practice, the motion is rarely entered but rather
is considered as pending when offered. The motion must be offered
within the two-day period allowed by the rule, but a motion merely
entered during that time may remain pending indefinitely. Sec. Sec. 5,
8, infra.

Sec. 2 . Pro Forma Motions Distinguished

Normally, the Speaker declares, after the announcement of a vote,
``without objection, a motion to reconsider is laid on the table.''
Deschler Ch 23 Sec. 34. The effect of this declaration is to preclude
a subsequent motion to reconsider, and it is the accepted
parliamentary mode of making the vote in question final. Deschler Ch
23 Sec. 34.5. Thereafter, the proposition may be taken up again only
by special order of business, unanimous consent, or suspension of the
rules. 5 Hinds Sec. 5640; see also Deschler Ch 23 Sec. 38.5. A Member
who is opposed to the tabling of the motion to reconsider must object
to the Speaker's declaration in a timely manner and is well advised to
notify the Speaker in advance of an intention to seek genuine
reconsideration. Deschler Ch 23 Sec. 34. If such objection is made,
one Member may move to reconsider and another Member may immediately
move to table

[[Page 805]]

that motion. 5 Hinds Sec. 5637. Disposition of the motion to
reconsider is permitted while the previous question is operating. 8
Cannon Sec. 2784.

Sec. 3 . Effect of Motion

Effect When Motion Is Entered

After the House has voted on a proposition and a motion to
reconsider it is entered, the effect is to suspend the proposition.
Manual Sec. 1007; 5 Hinds Sec. 5704; Deschler Ch 23 Sec. 33. The
motion is thereafter considered as pending and, if not acted on, will
remain pending, even in succeeding sessions of the same Congress. 5
Hinds Sec. 5684. However, when a Congress expires without the House
having acted on the motion, the motion fails, and the original
proposition stands or falls according to the original vote. 5 Hinds
Sec. 5704 (footnote).
A motion to reconsider a bill having been entered, the Speaker
will normally decline to sign its enrollment until the motion is
disposed of. 5 Hinds Sec. 5705. However, where a bill has been signed
by the President, it cannot be impeached on the ground that a motion
to reconsider it is still pending. 5 Hinds Sec. 5705 (note).

Effect of Agreement to Motion

When a motion to reconsider is adopted, the question immediately
recurs on the proposition to be reconsidered. 5 Hinds Sec. 5703;
Deschler Ch 23 Sec. 33. Thus, when the House agrees to a motion to
reconsider a vote on an amendment, the amendment is again pending and
the Chair may put it to a vote de novo. 5 Hinds Sec. 5704. Likewise,
when the House agrees to reconsider a vote ordering the yeas and nays
(by majority vote), the question immediately recurs on ordering the
yeas and nays (by one-fifth of those present). Manual Sec. 1007; 5
Hinds Sec. Sec. 5689-5691. However, if the proposition originally
voted on was a motion for the previous question, that motion may be
withdrawn after the House has voted to reconsider it, on the theory
that the action of the House has effectively ``nullified'' the vote on
the previous question. 5 Hinds Sec. 5357. For further discussion of
the effect of the motion to reconsider, see Manual Sec. 1007.

As Precluding Repetition of Motion

When a motion to reconsider has been offered and acted upon, a
second motion to reconsider is not ordinarily in order. Deschler Ch 23
Sec. 39.16. Otherwise, it is reasoned, motions to reconsider could be
offered interminably. Thus, a vote ordering the previous question may
be reconsidered only once. Manual Sec. 1006; 5 Hinds Sec. 5655. One
motion to reconsider the yeas and nays having been acted on, another
motion to reconsider is not in order. 5 Hinds

[[Page 806]]

Sec. 6037. Similarly, the motion to reconsider a vote on a proposition
having been adopted, and that vote having again been taken, a second
motion to reconsider may not be offered unless the nature of the
proposition has been changed by amendment. Manual Sec. 1006; 5 Hinds
Sec. Sec. 5685-5688; 8 Cannon Sec. 2788; Deschler Ch 23 Sec. 33. The
general rule that precludes the repetition of the motion is applied
even where the House rejects the first motion by laying it on the
table. 5 Hinds Sec. 5632; Deschler Ch 23 Sec. 39.15. However, the
tabling of a motion to reconsider the vote whereby the House has
amended a Senate amendment does not preclude the House from acting on
a subsequent Senate amendment to the same proposition or considering
any other proper motion to dispose of an amendment that might remain
in disagreement after further Senate action. Manual Sec. 1006.

Sec. 4 . Who May Offer Motion

Clause 3 of rule XIX requires the Member entering the motion to be
``on the prevailing side'' but permits the motion to be called up by
``any Member.'' Manual Sec. Sec. 1003, 1004. Under this rule, the
entering of the motion and the offering of the motion are regarded as
separate events. 8 Cannon Sec. 2785. However, under the modern
practice the motion rarely is ``entered'' but is considered pending
when offered. Thus, the Member offering a motion not previously
entered must qualify as being on the prevailing side of the issue to
be reconsidered. Manual Sec. 1004; 2 Hinds Sec. 1454.
With respect to pro forma motions to reconsider (see Sec. 2,
supra), any Member may object to the Chair's statement that ``without
objection'' a motion to reconsider a vote just taken be laid on the
table and need not have voted on the prevailing side to make such an
objection. However, if objection is made, only a Member who voted on
the prevailing side may offer the motion to reconsider the vote.
Manual Sec. 1004.
Likewise ineligible to move the reconsideration of a record vote
are Members who were absent at the time of the vote (5 Hinds
Sec. 5619), or who failed to vote (8 Cannon Sec. 2774).
In the case of a tie vote (a tie vote resulting in the defeat of
the proposition), a Member voting in the negative qualifies as voting
on the prevailing side. 5 Hinds Sec. 5616. In the case of a
proposition that did not receive a requisite two-thirds vote for
approval, a Member voting in the negative qualifies. 5 Hinds
Sec. Sec. 5617, 5618. However, the motion to reconsider may not be
applied to a negative vote on the motion to suspend. Manual Sec. 886a;
5 Hinds Sec. 5645; 8 Cannon Sec. 2781.
When a vote is not recorded, any Member, regardless of how such
Member voted, may enter the motion. Manual Sec. 1004; 8 Cannon
Sec. 2775;

[[Page 807]]

Deschler Ch 23 Sec. 33. Any point of order relating to the eligibility
of the Member to offer the motion should be raised before the ordering
of the vote on the motion. Deschler Ch 23 Sec. 35.4. The Chair, having
voted on the prevailing side, may offer the motion to reconsider by
stating the pendency of the motion. A Delegate or the Resident
Commissioner may not offer the motion to reconsider. Manual Sec. 1004.

Sec. 5 . When Motion Is In Order

During the Continental Congress, there was no time limit on when
the motion to reconsider could be offered, and the Congress often
reconsidered matters passed on a preceding day or even several days or
months before. 5 Hinds Sec. 5605. Today clause 3 of rule XIX provides
that the motion is in order ``on the same or succeeding day'' as that
vote; and, once entered, may be called up by any Member. This means
that the motion to reconsider may be offered or entered at any time
during the day on which the vote sought to be reconsidered is taken (5
Hinds Sec. 5674) or on the next legislative day after the question to
be reconsidered was voted on (Deschler Ch 23 Sec. 35.5). The entry of
the motion during the two days prescribed by the rule is in order even
after the previous question is ordered or when a question of the
highest privilege is pending. 5 Hinds Sec. 5673; 8 Cannon Sec. 2785.
Once the motion has been entered within the two-day period, it
remains pending indefinitely, even into a succeeding session of the
same Congress. 5 Hinds Sec. 5684; 8 Cannon Sec. 2787. When a motion to
reconsider relates to a bill belonging to a particular class of
business, the consideration of the motion is in order only when that
class of business is again in order. 5 Hinds Sec. 5677; 8 Cannon
Sec. Sec. 2785, 2786. For example, a motion to reconsider the vote on
a bill on the Private Calendar properly entered may be taken up for
consideration only on a Private Calendar day. 8 Cannon Sec. 2786.
In accordance with the general rule that the motion to reconsider
is in order at any time during the two days prescribed by the rule,
the motion has been held in order:

After a demand for the previous question on a related matter
(5 Hinds Sec. 5656) or while the previous question is operating
(5 Hinds Sec. Sec. 5657-5672).
Pending a motion to go into the Committee of the Whole. 8
Cannon Sec. 2785.
At a time set apart for other business if the matter sought to
be reconsidered is entertained during such time by unanimous
consent. 5 Hinds Sec. 5683.
After a bill to be reconsidered has gone to the Senate. 5
Hinds Sec. Sec. 5666, 5667.

[[Page 808]]

After the Senate has been informed of agreement by the House
to a Senate amendment. 5 Hinds Sec. 5672.
After a bill has gone to the President. 5 Hinds Sec. 5668.

However, an entered motion is not in order:

While another Member has the floor or while another question
is pending before the House. 5 Hinds Sec. 5673; 8 Cannon
Sec. 2785.
While the House is dividing on a motion. 8 Cannon Sec. 2791.
In Committee of the Whole. Sec. 1, supra.

See also Sec. Sec. 8, 12, infra.

Sec. 6 . Use in Standing Committees

The motion to reconsider is in order in the procedure of standing
committees. 8 Cannon Sec. 2213. Thus, the motion to reconsider may be
entered in a committee on the same day as the vote to be reconsidered,
or on the next day the committee convenes with a quorum present at
which business of that class is in order. Manual Sec. Sec. 416, 1005;
Deschler Ch 23 Sec. 33. Sometimes the motion must be applied to a
series of propositions seriatim to achieve a desired result. In a
committee, reconsideration of an amendment may require that the motion
to report first be reconsidered, and then the ordering of the previous
question on the measure, before a motion can be offered to reconsider
the amendment. Cf. 8 Cannon Sec. 2789.
A motion to reconsider is sometimes used in a committee, when it
has obtained a quorum, to order reports on bills approved earlier in
the day in the absence of a quorum. Deschler Ch 23 Sec. 39.1.

Sec. 7 . Forms

Following are the forms for entering the motion to reconsider, for
subsequently calling it up and bringing it to a vote, and for offering
the so-called pro forma motion.

Entering the Motion

Member: I enter a motion to reconsider the vote by which the bill
H.R. __ was passed [or rejected].

Offering the Motion

Member: I move to reconsider the vote by which the bill H.R. __
was passed [or rejected].
Speaker: The gentle___ moves to reconsider the vote on H.R. __.
As many as are in favor of the motion say ``aye.''

[[Page 809]]

Pro Forma Motion--By the Speaker

Speaker: Without objection, a motion to reconsider is laid on the
table.

Note: Any Member may object to the Chair's statement that
``without objection'' a motion to reconsider a vote just taken be laid
on the table (the Member need not be on the prevailing side). However,
if objection is heard, only a qualified Member may call for
reconsideration of the vote, and another Member may move to lay that
motion to reconsider on the table. Manual Sec. 1004.

Sec. 8 . Precedence and Privilege of Motion

Under clause 3 of rule XIX, when no other question is pending, the
motion to reconsider takes precedence over all other questions except
the consideration of a conference report or a motion to adjourn.
Manual Sec. Sec. 1003, 1005; 8 Cannon Sec. 2787. For example, the
motion to reconsider takes precedence of a motion to go into the
Committee of the Whole. 8 Cannon Sec. 2785. However, the motion is
subject to the question of consideration (8 Cannon Sec. 2437) and the
motion to lay on the table (8 Cannon Sec. 2652), unless the Chair has
put the question on the motion to reconsider (Manual Sec. 1009). The
precedence given the motion by the rule permits it to be offered even
after the previous question has been moved or while it is operating. 5
Hinds Sec. Sec. 5656-5662; 8 Cannon Sec. 2784. A motion to reconsider
a secondary motion (such as a motion to postpone) that was rejected is
highly privileged and may be entertained by the Chair even after the
manager of the main proposition has yielded time to another Member and
before that Member has begun debate. 96-2, May 29, 1980, p 12663.

Sec. 9 . Quorum Requirements

In general, the motion to reconsider cannot be agreed to in the
House in the absence of a quorum when the vote to be reconsidered
requires a quorum. 5 Hinds Sec. 5606; Deschler Ch 23 Sec. 33. A quorum
is not necessary on a motion to reconsider the vote whereby the yeas
and nays were ordered because the yeas and nays may be ordered by one-
fifth of the Members present. 5 Hinds Sec. 5693.

Sec. 10 . Debate and Voting; Withdrawal

Debate

If debatable, the motion to reconsider is debated under the hour
rule. Deschler Ch 23 Sec. 41.1. Debate is under the control of the
Member offering the motion if the proposition proposed to be
reconsidered was debatable. 5

[[Page 810]]

Hinds Sec. 5696; 8 Cannon Sec. 2792. If the proposition proposed to be
reconsidered was not debatable, then the motion calling for
reconsideration is itself not debatable. 5 Hinds Sec. Sec. 5694, 5695,
5698; Deschler Ch 23 Sec. 33. Thus, the motion to reconsider a vote
ordering the previous question is not debatable. Manual Sec. 1010.
An earlier view was that a motion to reconsider a vote may be
debatable even if the previous question was operating at the time of
such vote, on the theory that the vote of the House ``exhausted the
previous question so as to open up the motion to debate.'' 5 Hinds
Sec. 5494. However, the current view is that, if the proposition to be
reconsidered was voted on under the operation of the previous
question, the motion to reconsider is not debatable because a primary
function of the previous question is to terminate debate. Manual
Sec. 1010; 5 Hinds Sec. Sec. 5656, 5701; Deschler Ch 23 Sec. 38.7;
Deschler-Brown Ch 29 Sec. 6.49 (note). If the motion is agreed to, and
if that proposition is again taken up, it is voted on without debate
unless the ordering of the previous question itself is reconsidered.
Deschler-Brown Ch 29 Sec. 6.49.

Voting

A simple majority vote is sufficient to adopt a motion to
reconsider, even when the vote reconsidered requires two-thirds for
affirmative action. Manual Sec. 1008; 5 Hinds Sec. Sec. 5617, 5618; 8
Cannon Sec. 2795. A majority vote also is required to reconsider a
vote ordering the yeas and nays, although one-fifth is sufficient to
order the yeas and nays. 5 Hinds Sec. Sec. 5689-5692; 8 Cannon
Sec. 2790. If the House votes to reconsider, the yeas and nays may be
ordered again by one-fifth. 5 Hinds Sec. 5689. The motion to
reconsider, and a motion to table such motion, are subject to
postponement. Clause 8 of rule XX.

Withdrawal of Motion

The motion to reconsider having been entered within the time
specified by the rules--that is, on the same or succeeding day as the
vote on the proposition to be reconsidered--it may not be withdrawn
without the consent of the House. Manual Sec. 1003.

Sec. 11 . Application to Particular Propositions

Generally

Clause 3 of rule XIX applies whenever ``a motion has been carried
or lost. . . .'' Manual Sec. 1003. The term ``motion'' in this rule
has been construed so as to permit reconsideration of a wide variety
of propositions. See Sec. Sec. 12-14, infra. The motion is applicable
whether the passage of the propo

[[Page 811]]

sition required a simple majority or a two-thirds vote. 8 Cannon
Sec. 2778. However, the motion is not in order when dilatory and
manifestly for the purpose of delay. 5 Hinds Sec. Sec. 5731-5733,
5735, 5739; 8 Cannon Sec. Sec. 2797, 2815, 2822.

House Orders

The motion to reconsider applies to the vote on a House order,
although the execution of that order has begun. 3 Hinds Sec. 2028; 5
Hinds Sec. 5665. The motion may be applied to a vote ordering the yeas
and nays (5 Hinds Sec. Sec. 5689-5691; 6029; 8 Cannon Sec. 2790) or to
a vote refusing the yeas and nays (5 Hinds Sec. 5692) or to the vote
by which the House refuses to order a third reading of a bill (8
Cannon Sec. 2777). The motion to reconsider also may be used to reopen
the proceedings whereby the House has voted to expunge certain matter
from the Congressional Record. Deschler Ch 23 Sec. 39.7.
The motion may not be applied to the vote by which the House has
decided a question of parliamentary procedure submitted by the Speaker
for the decision of the House. Manual Sec. 1006; 8 Cannon Sec. 2776;
Deschler Ch 23 Sec. 33. However, the motion may be applied to a vote
laying an appeal on the table. Compare 5 Hinds Sec. 5630 with 5 Hinds
Sec. 5631.

Referrals

Under clause 4 of rule XIX, measures referred to a committee may
not be brought back into the House on a motion to reconsider. Manual
Sec. 1011. This rule, which was adopted in its present form in 1880,
was intended to prevent a Member from bringing back into the House, on
a motion to reconsider, any matter that such Member had obtained
unanimous consent to introduce or submit for reference. 5 Hinds
Sec. 5647. The rule was intended to apply to the initial formal
reference to a committee and not to a motion to recommit. Deschler Ch
23 Sec. 39.6. However, it is too late to reconsider a vote by which a
measure was recommitted to committee after the committee report has
been made. 5 Hinds Sec. 5651.

In Relation to Previous Question

The motion to reconsider may be applied only once to a vote
ordering the previous question. 5 Hinds Sec. 5655; 8 Cannon Sec. 2790.
It may not be applied to a vote ordering the previous question that
has been partially executed. For example, if the previous question has
been ordered on a bill and an amendment thereto, and the amendment has
been disposed of, the vote upon which the previous question was
ordered is not subject to reconsideration. 5 Hinds Sec. Sec. 5653,
5654. However, if the special order of business governing
consideration of a measure orders the previous question on the meas

[[Page 812]]

ure, and on any amendment thereto, to final adoption or passage
without intervening motion except one motion to recommit (which is the
modern practice), the vote upon which an amendment was disposed of is
subject to reconsideration. 111-1, June 17, 2009, p __.

Sec. 12 . -- Other Motions and Requests

Generally

The motion to reconsider is applied to permit the House to review
its vote on certain motions, including:

An affirmative vote on a motion for the previous question,
unless the previous question has been partially executed, as by
a vote on certain amendments. 5 Hinds Sec. Sec. 5653-5655;
Deschler Ch 23 Sec. 33.
A vote on the motion to lay on the table, whether decided in
the affirmative or in the negative. 5 Hinds Sec. Sec. 5628,
5629, 5695, 6288; 8 Cannon Sec. 2785; Deschler Ch 23 Sec. 38.1.
However, a motion to lay a motion to reconsider on the table is
not subject to reconsideration. 5 Hinds Sec. Sec. 5632-5640.
An affirmative vote on a motion to go into the Committee of
the Whole. 5 Hinds Sec. 5641; Deschler Ch 23 Sec. 33.
An affirmative vote on the question of consideration. Manual
Sec. 907.
An agreement by the House to a unanimous-consent request. 8
Cannon Sec. 2794; Deschler Ch 23 Sec. 33.
An affirmative vote on a motion to suspend the rules. Manual
Sec. 886a.

When Not Applicable

The motion to reconsider may not be applied to votes rejecting
certain motions, such as:

A vote rejecting a motion to go into the Committee of the
Whole. 5 Hinds Sec. 5641.
A vote rejecting the question of consideration. 5 Hinds
Sec. Sec. 5626, 5627; Deschler Ch 23 Sec. 39.14.
A vote rejecting the motion to suspend the rules. Manual
Sec. 886a; 5 Hinds Sec. 5645; 8 Cannon Sec. 2781; Deschler Ch
23 Sec. 33.
A vote rejecting a motion to recess. 5 Hinds Sec. 5625.
A vote rejecting a motion to adjourn. 5 Hinds Sec. Sec. 5620-
5622.
A vote rejecting a motion to fix the day to which the House
would adjourn. 5 Hinds Sec. 5624. But see 5 Hinds Sec. 5623.

Certain motions or questions are not subject to the motion to
reconsider because of the adoption of ``expedited procedures''
prescribed by statute and intended to bring a legislative matter to a
final conclusion without all the procedural protections normally
accorded. See Manual Sec. 1130 for examples of such laws. Another
example is found in section 305(a) of the Con

[[Page 813]]

gressional Budget Act of 1974, which precludes the motion to
reconsider the vote by which a concurrent resolution on the budget is
agreed to or disagreed to and the vote on adoption of a conference
report on the same.

Sec. 13 . -- Bills and Resolutions; Amendments

The motion to reconsider may be applied to the vote by which a
bill or joint resolution was passed (5 Hinds Sec. 5666), including a
private bill (4 Hinds Sec. Sec. 3468, 3469); to a vote on the
engrossment of the bill (5 Hinds Sec. 5663); to a vote refusing to
order a third reading of the bill (8 Cannon Sec. 2777); and to a vote
by which a measure was recommitted to committee (Deschler Ch 23
Sec. 39.6). The motion also is applied to permit reconsideration of a
vote on a resolution. 5 Hinds Sec. 5609.
The motion to reconsider may be applied to permit reconsideration
of a vote on an amendment; however, if the motion is not offered until
after the passage of the amended bill, such reconsideration can be
secured only after a successful motion to reconsider the vote on the
passage of the bill. Cf. 8 Cannon Sec. 2789. Similarly, to entertain a
motion to reconsider a vote on an amendment to an amendment, it is
first necessary to vote to reconsider the vote by which the original
amendment, as amended, was disposed of. Deschler Ch 23 Sec. 33.

Sec. 14 . -- Amendments Between the Houses; Conference Reports

A motion to reconsider may be applied to a vote on a Senate
amendment to a House bill. The fact that the House has informed the
Senate that it has voted to agree to such an amendment does not
prevent a motion to reconsider that vote. 5 Hinds Sec. 5672. However,
such a motion must be timely offered. See Sec. 15, infra. After a
conference has been agreed to and the managers for the House
appointed, it is too late to move to reconsider the vote whereby the
House acted on an amendment in disagreement. 5 Hinds Sec. 5664.
The motion to reconsider may be applied to a vote on a conference
report or to a vote recommitting a conference report. Deschler Ch 23
Sec. Sec. 39.4, 39.5. After disposition of a conference report and
amendments reported therefrom in disagreement, it is in order to move
to reconsider the vote on a motion disposing of one of the amendments.
Manual Sec. 1006.
Tabling a motion to reconsider ordinarily prevents the House from
reconsideration of the vote in question. However, the laying on the
table of a motion to reconsider the vote whereby the House has amended
a Senate amendment does not preclude the House from acting on a
subsequent Senate amendment to the same proposition or considering any
other proper motion

[[Page 814]]

to dispose of an amendment that might remain in disagreement after
further Senate action. Manual Sec. 1006.

Sec. 15 . -- Measures Sent to the Senate or the President

The motion to reconsider may be applied to a measure that has been
sent to the Senate. If that motion is agreed to, a motion to recall
the measure is privileged. 5 Hinds Sec. Sec. 5666, 5667, 5669. Older
precedents suggest that reconsideration of the vote on the measure may
be permitted even if the measure has passed both Houses and even if
the measure has been sent to the President. 4 Hinds Sec. Sec. 3466-
3469; 5 Hinds Sec. 5668. It would appear, however, that once the bill
has been signed by the President, it cannot be called into question
pursuant to a pending motion to reconsider the measure. 5 Hinds
Sec. 5704 (note). If the President returns the bill to the House with
objections, and the House votes on the passage of the bill
notwithstanding the objections of the President, that vote is not
subject to the motion to reconsider because the Constitution expressly
provides for that vote as one in the nature of reconsideration. U.S.
Const. art. I, Sec. 7, cl. 2; Manual Sec. 109; 5 Hinds Sec. 5644; 8
Cannon Sec. 2778.

[[Page 815]]

CHAPTER 48
REFER AND RECOMMIT

HOUSE PRACTICE

A. Generally; Motions

Sec. 1. In General
Sec. 2. Form and Effect of Motion
Sec. 3. Referral to Particular Committees
Sec. 4. Motions in Committee of the Whole

B. The Simple Motion to Refer

Sec. 5. In General
Sec. 6. Precedence; Relation to Other Motions
Sec. 7. Debate on Motion

C. Referral Pending Motion to Strike Enacting Clause

Sec. 8. In General

D. Referral Pending or After Ordering the Previous
Question

Sec. 9. In General; When in Order
Sec. 10. Application of Motion
Sec. 11. Who May Offer Motion; Recognition
Sec. 12. Debate on Motion

E. Recommittal Pending Final Passage

Sec. 13. In General
Sec. 14. Who May Offer Motion; Recognition
Sec. 15. Debate on Motion
Sec. 16. Effect of Special Orders of Business

F. Motions With Instructions

Sec. 17. In General
Sec. 18. Instructions to Report ``Forthwith''
Sec. 19. Dividing the Question on Instructions
Sec. 20. Instructions Subject to a Point of Order

[[Page 816]]

Research References
5 Hinds Sec. Sec. 5521-5604
8 Cannon Sec. Sec. 2695-2773
Deschler Ch 23 Sec. 25
Manual Sec. Sec. 420, 427, 448-451, 494, 916, 917, 1001-1002c

A. Generally; Motions

Sec. 1 . In General

When a bill is introduced, it is referred to one or more
committees by direction of the Speaker. See Bills and Resolutions.
When a bill is reported by a committee, it is referred to the
appropriate calendar by direction of the Speaker. See Calendars.
Motions for the referral, committal, or recommittal of a matter to
a committee are permitted at certain narrowly circumscribed stages of
the legislative process. These motions are:

The ordinary motion to refer ``when a question is under
debate'' under clause 4 of rule XVI. Manual Sec. Sec. 911, 916.
The motion to recommit (or commit, as the case may be) a
matter to a committee pending or after the ordering of the
previous question thereon under clause 2 of rule XIX. Manual
Sec. 1001.
The motion to refer a bill to a committee pending a vote in
the House on a motion to strike the enacting words as provided
in clause 9 of rule XVIII. Manual Sec. Sec. 988, 989.

When the House recodified its rules in the 106th Congress, it
consolidated the last sentence of former clause 1 of rule XVII and
certain provisions of former rule XVI clause 4, addressing the motion
to recommit, under clause 2 of rule XIX. Manual Sec. 1001.

Sec. 2 . Form and Effect of Motion

Member: M_. Speaker, I move to refer (or commit or recommit) the
bill (or resolution) to the Committee on ___.

Such motion may or may not be subject to debate, depending on the
applicable rule. The motion itself may not include a preamble,
argument, or explanation. 5 Hinds Sec. 5589; 8 Cannon Sec. 2749. The
motion may include instructions. See Sec. Sec. 17-20, infra. The
``straight'' motion (without instructions) sends a measure to a
specified committee and leaves the disposition thereof to the
discretion of the committee. Deschler Ch 23 Sec. 25.
A ``straight'' motion to recommit and a motion to recommit with
instructions have equal precedence. 8 Cannon Sec. Sec. 2714, 2758.

[[Page 817]]

Sec. 3 . Referral to Particular Committees

The motion to refer, commit, or recommit may propose a referral to
a named standing committee, or to two or more standing committees,
without regard to the usual rules governing committee jurisdiction. 4
Hinds Sec. Sec. 4375, 4401; 5 Hinds Sec. 5527; Deschler Ch 23 Sec. 25.
The motion may provide for referral to a committee other than that
reporting the underlying measure. 8 Cannon Sec. 2696.
A matter may be referred on motion to the Committee of the Whole
(5 Hinds Sec. Sec. 5552, 5553, 6631) or to a select committee,
including one that is established pursuant to the motion (4 Hinds
Sec. 4401). However, motions for the referral of a matter to a
subcommittee are not in order. 8 Cannon Sec. 2739.

Sec. 4 . Motions in Committee of the Whole

The motions permitted by House rules for the referral of a matter
do not apply in Committee of the Whole. 4 Hinds Sec. 4721; 8 Cannon
Sec. Sec. 2326, 2327. It is in order under certain circumstances in
the Committee to move that the Committee rise and report back to the
House with the recommendation that the measure under consideration be
recommitted. Such a motion is usually precluded by the language of a
special order of business from the Committee on Rules ordering the
previous question. If such a motion is permitted, it is entertained
only at the completion of the reading of the bill for amendment.
Manual Sec. 916; 4 Hinds Sec. Sec. 4761, 4762; Deschler Ch 23
Sec. 26.5.
The House, while acting in the House as in the Committee of the
Whole, may refer a matter to a committee. 4 Hinds Sec. Sec. 4931,
4932.

B. The Simple Motion to Refer

Sec. 5 . In General

Generally; When to Offer

A simple motion to refer is permitted by clause 4(a) of rule XVI
``when a question is under debate.'' Manual Sec. Sec. 911, 916. This
motion is in order pending the consideration of the underlying matter.
The motion may be offered by any Member, who need not qualify as being
in opposition to the pending question. Deschler Ch 23 Sec. 25.
The motion to refer under clause 4 of rule XVI may be offered
before the proponent of the proposition is recognized to control
debate on the underlying measure. Deschler-Brown Ch 29 Sec. 68.51. The
motion may not be offered while another Member holds the floor in
debate. 6 Cannon Sec. 468;

[[Page 818]]

8 Cannon Sec. 2742. Once disposed of, it cannot be offered again at
the same stage of the question on the same day. Manual Sec. 918.

Application of Motion

A measure before the House under the general rules of the House is
subject to the motion. The motion is applicable to: a measure called
up from the House Calendar (including a resolution from the Committee
on House Administration); a resolution adopting the rules of the
House; an article of impeachment; and a resolution raising a question
of the privileges of the House. 6 Cannon Sec. 549; Deschler Ch 1
Sec. 9; Deschler-Brown Ch 29 Sec. 68.51. The motion has been applied
to a vetoed bill, with or without the veto message. 4 Hinds
Sec. Sec. 3550, 3551; for referral of Presidential messages, see
Manual Sec. 875.

Referral With Instructions

The motion to refer may include instructions or be amended to
include instructions. 5 Hinds Sec. 5521. If the previous question is
rejected on the motion, amendments including proper instructions in
the motion are in order. Manual Sec. 917. For a discussion of
instructions generally, see Sec. Sec. 17-20, infra.

Sec. 6 . Precedence; Relation to Other Motions

The motion to refer under clause 4 of rule XVI takes precedence
over the motions to amend or to postpone indefinitely, but yields to
the motions to adjourn, to table, for the previous question, or to
postpone to a day certain. Manual Sec. 911. Thus, the Chair may
recognize the Member seeking to offer the preferential motion before
the less preferential motion is read. Manual Sec. 916. The motion to
refer is subject to the motion to table. Manual Sec. Sec. 911, 914.
The motion for the previous question takes precedence over the
motion to refer under clause 4 of rule XVI. Manual Sec. Sec. 911, 916.
However, where the motion to refer under that rule is preempted by the
motion for the previous question on a resolution on which there has
been no debate, rejection of the motion for the previous question
leaves the motion to refer pending. 101-2, Mar. 22, 1990, pp 4996-98.

Sec. 7 . Debate on Motion

A motion to refer under clause 4 of rule XVI (before the previous
question is ordered) is separately debatable pending the consideration
of the underlying matter. Manual Sec. 713. The motion is debatable
under the hour rule. Deschler-Brown Ch 29 Sec. 68.51. The scope of the
debate is narrowly con

[[Page 819]]

fined and may not extend to the merits of the underlying matter. 5
Hinds Sec. Sec. 5564-5568; 6 Cannon Sec. 549. Such debate is
terminated by the adoption of the previous question on the motion.
Deschler Ch 23 Sec. 25.

C. Referral Pending Motion to Strike Enacting Clause

Sec. 8 . In General

Clause 9 of rule XVIII permits the offering of a motion to refer a
measure to a committee, which may include instructions, pending
concurrence by the House in a recommendation from the Committee of the
Whole that the enacting clause of a measure be stricken. Manual
Sec. 988. As noted elsewhere, the recommendation that the enacting
clause be stricken may interrupt and supersede the offering of
amendments in Committee of the Whole and, if agreed to by the House,
defeats the bill. See Committees of the Whole.
The motion to refer permitted by this rule is to be distinguished
from the motion to recommit that may be made pending final passage of
the bill under clause 2 of rule XIX. The motion to recommit pending
passage ensures the right of the minority to have a final opportunity
to perfect the bill or to return it to committee. Sec. 14, infra. In
contrast, the motion to refer under rule XVIII comes before action on
the recommendation that the enacting clause be stricken and allows the
friends of the original bill to avert its demise by referring it to
committee where it may be considered in the light of the action of the
House. 8 Cannon Sec. 2629.
The motion to refer permitted by rule XVIII may include
instructions to report back forthwith with an amendment to the
underlying bill. Manual Sec. 989.
The recommendation that the enacting clause be stricken may not be
combined with a recommendation that the bill be recommitted to a
committee. Deschler Ch 19 Sec. 10.10.

Automatic Recommittal

When the House disagrees with the recommendation of the Committee
of the Whole to strike the enacting words and does not refer the bill
under the provisions of the rule, the bill is recommitted to the
Committee of the Whole, where it becomes unfinished business. This
process is automatic and does not require a motion. 5 Hinds
Sec. Sec. 5326, 5345, 5346; 8 Cannon Sec. 2633.

[[Page 820]]

D. Referral Pending or After Ordering the Previous Question

Sec. 9 . In General; When in Order

The motion to recommit (or commit, as the case may be) is
authorized under clause 2 of rule XIX. Under this rule, the motion is
in order pending the motion for the previous question or after the
previous question has been ordered on passage or adoption. The motion
may be made with instructions and may provide for referral to a
standing or select committee. Manual Sec. 1001. It is not necessary
that the underlying proposition be reported from a committee. 95-2,
July 12, 1978, p 20504. Only one proper motion to commit is in order
under the rule. Manual Sec. 1002b; 5 Hinds Sec. 5577.
If the previous question has been ordered on a proposition on
which there has been no debate, and a Member insists on the 40 minutes
of debate permitted by rule, the motion to commit should be made only
after such debate. Manual Sec. 999; 99-1, May 8, 1985, p 11072.
When the previous question is ordered on all stages of a bill to
final passage, the motion to commit is not in order before engrossment
or third reading. Manual Sec. 1002; 5 Hinds Sec. Sec. 5578-5581. The
motion to commit may be made pending the demand for the previous
question on passage or adoption but, at that stage, is subject to the
motion to table. 5 Hinds Sec. 5576.

Instructions With Motion

A motion to commit under clause 2 of rule XIX may be offered with
instructions, such as an instruction to report back with an amendment.
Manual Sec. 1002b. Thus, a motion to commit a resolution electing
minority Members to standing committees may be offered with
instructions to a select committee to report back ``forthwith'' with
an amendment adding the names of additional Members. Deschler-Brown Ch
29 Sec. 23.55. For a discussion of instructions generally, see
Sec. Sec. 17-20, infra.

Amendments to Motion

A motion to commit may be amended, as by adding instructions,
unless the previous question is ordered on the motion. 5 Hinds
Sec. Sec. 5582-5584; 8 Cannon Sec. 2695.

[[Page 821]]

Sec. 10 . Application of Motion

The rule authorizing the motion to commit, pending or after the
previous question, is construed as applying across a broad range of
legislative business, including:

Bills and joint resolutions. 5 Hinds Sec. 5576.
Simple resolutions and concurrent resolutions. 5 Hinds
Sec. 5573; Deschler-Brown Ch 29 Sec. 23.54.
Conference reports if the other House has not discharged its
managers. See Conferences Between the Houses.
Senate amendments being considered in the House before the
stage of disagreement. 5 Hinds Sec. 5575.
A resolution stating a question of privilege, such as a
disciplinary resolution, or a resolution certifying the
contempt of a committee witness. Deschler Ch 23 Sec. 26.13;
Deschler-Brown Ch 29 Sec. 68.51.
A resolution electing Members to standing committees.
Deschler-Brown Ch 29 Sec. 23.55.

The motion to commit may not be separately applied to amendments
to the underlying proposition. Deschler Ch 23 Sec. 25. When the
previous question has been ordered on a simple resolution and a
pending amendment thereto, the motion to commit should be offered
after the vote on the amendment. 5 Hinds Sec. Sec. 5585-5588.
The motion does not apply to special orders of business reported
by the Committee on Rules because clause 6(b) of rule XIII prevents
the Speaker from entertaining dilatory motions until reports from such
committee are disposed of. 5 Hinds Sec. Sec. 5598-5601; Deschler Ch 23
Sec. 25.11. However, if the motion for the previous question is
rejected, this restriction no longer strictly applies. Manual
Sec. 858.

Sec. 11 . Who May Offer Motion; Recognition

As noted elsewhere in this chapter, priority in recognition on a
motion to recommit a bill pending final passage under clause 2 of rule
XIX is given to an opponent of the bill. Sec. 14, infra. Thus, an
opponent, with preference given first to the Minority Leader or a
designee and then to a minority member of the reporting committee (in
order of seniority on the committee), has priority in recognition to
offer the motion under rule XIX. Manual Sec. 1001. However, if the
underlying matter is a resolution offered from the floor as a question
of the privileges of the House, the Member offering the motion to
commit need not qualify as opposed to the resolution. Deschler-Brown
Ch 29 Sec. 23.60.

[[Page 822]]

It is the prerogative of the minority, when the House is operating
under general parliamentary procedure, to offer a motion to commit the
resolution adopting the rules, but the minority Member offering the
motion need not qualify as opposed to the resolution (because rule XIX
has yet to be adopted). Manual Sec. 60.

Sec. 12 . Debate on Motion

Under clause 2 of rule XIX, a motion to commit with instructions
is not separately debatable after the previous question is ordered on
the underlying simple or concurrent resolution. 5 Hinds Sec. 5582.
Thus, the previous question having been ordered on a resolution before
adoption of the rules, the motion to commit--even one including
instructions--is not debatable. Manual Sec. 60. As to the debate
permitted on a motion to recommit pending final passage of a bill or
joint resolution, see Sec. 15, infra.

E. Recommittal Pending Final Passage

Sec. 13 . In General

The motion to recommit a bill or joint resolution after the
previous question has been ordered on the question of final passage is
authorized by clause 2 of rule XIX. Clause 2(b), which permits debate
on the motion, does not apply to simple resolutions, concurrent
resolutions, or conference reports. Manual Sec. 1001; Sec. 15, infra.
A Member wishing to raise or reserve a point of order against the
motion to recommit may do so after the motion is offered but before
debate has begun thereon. 104-1, June 22, 1995, p 16842.

When in Order

The motion to recommit a bill is typically made after the
engrossment and third reading of the bill. Deschler Ch 23 Sec. 29.1;
cf. 107-2, June 13, 2002, p 10240. A Member seeking to offer the
motion must be standing and addressing the Chair after the engrossment
and third reading of the bill and before the Chair puts the question
on passage of the bill. The motion comes too late when the Chair has
put the question on passage and has announced the apparent result of
the vote. Deschler Ch 23 Sec. Sec. 29.5, 29.6.

Repetition of Motion

Clause 2 permits only one motion to recommit after the previous
question has been ordered. However, if the motion is ruled out on a
point of

[[Page 823]]

order, its proponent or another qualifying Member is entitled to offer
a proper motion to recommit. Manual Sec. 1002b; 8 Cannon Sec. 2713.

Amendments to Motion

A motion to recommit is subject to amendment until the previous
question is ordered on the motion. Deschler Ch 23 Sec. 25.1. If the
previous question on the motion is not ordered, the motion is open to
amendment. Deschler Ch 23 Sec. 25.2. The amendment must be germane to
the pending measure and not necessarily to the original motion. Manual
Sec. 1002a; see Sec. 17, infra. In order to be recognized for an
amendment to such motion, a Member must either be yielded to for that
purpose by the proponent or the previous question must be defeated.
107-2, Feb. 27, 2002, pp 2080-85. Any point of order against an
amendment to the motion should be raised immediately following the
reading of the amendment. Manual Sec. 924.

Sec. 14 . Who May Offer Motion; Recognition

Speaker: Is the gentle___ opposed to the measure?

This is the threshold question to be put by the Chair in
determining a Member's qualification to offer a motion to recommit.
Deschler Ch 23 Sec. 25. At one time the applicable rule was construed
to give the friends of the bill an opportunity to correct any errors
in the bill before the House voted on passage. 8 Cannon Sec. 2762.
Under clause 2 of rule XIX, the Speaker is required to give preference
in recognition to a Member who is opposed to the bill, whether the
motion is made with or without instructions. Manual Sec. 1002c. This
rules change was intended to allow the minority a final opportunity to
return the bill to committee or (through instructions) to have its
version of the bill brought to a vote. Deschler Ch 23 Sec. 25.
In recognizing a Member to move to recommit, the Chair does not
attempt to assess the degree of that Member's opposition and takes the
Member's word. The Chair makes no distinction between Members who are
unqualifiedly opposed and those who phrase their opposition ``to the
bill in its present form.'' It is not the province of the Chair to
direct a Member, having qualified as opposed, to vote against the
measure after rejection of the motion to recommit. Manual Sec. 1002c.
Among Members opposed to the bill, the Speaker will first look to
the Minority Leader or a designee, then to minority members of the
committee reporting the bill (in order of seniority on the committee),
then to other minority Members, and finally to majority Members.
Manual Sec. 1002c. These principles of recognition are followed even
where a bill under consideration is not reported from committee. See
89-1, Sept. 29, 1965, p 25439; 96-1,

[[Page 824]]

Nov. 28, 1979, pp 33904, 33906, 33914. Priority in recognition to the
Minority Leader or a designee is imputed from the form of clause 6 of
rule XIII. Sec. 16, infra.
It is not too late for a senior member of the committee to seek
recognition where another minority Member has qualified as opposed to
the bill but where such individual's motion has not yet been read by
the Clerk. Deschler Ch 29 Sec. 8.21.

Recognition for Amendments to Motion

If the previous question is not ordered on a motion to recommit,
the person offering an amendment to the motion does not have to
qualify as being opposed to the bill. Deschler Ch 23 Sec. 27.14. A
Member who, in the Speaker's determination, led the opposition to
ordering the previous question on the motion to recommit--such as the
chair of the committee reporting the bill--is entitled to offer an
amendment to the motion regardless of party affiliation. Manual
Sec. 1002c.

Sec. 15 . Debate on Motion

Generally

Under a prior form of the rule, the straight motion to recommit
was not debatable whether offered pending the previous question on the
measure or after the previous question had been ordered. 5 Hinds
Sec. 5582; Deschler Ch 23 Sec. 25. However, in the 111th Congress,
clause 2 of rule XIX was amended and the motion to recommit a bill or
joint resolution is now debated under the terms of clause 2(b)(1)
whether or not such motion contains instructions. Manual Sec. 1002a.
Under that rule, a motion to recommit a bill or joint resolution on
which the previous question is ordered to passage is debatable for 10
minutes, five minutes in favor of the motion and five opposed. Under
clause 2(c) debate may be extended to one hour, equally divided, upon
demand of the majority floor manager of the bill. Manual Sec. 1001.
The debate permitted by the rule is inapplicable to a simple or
concurrent resolution or a conference report. Manual Sec. 1002a.

Control of Debate Time

The Member in support of a motion to recommit with instructions is
recognized for five minutes and must use or yield back all of that
time. Such Member may not reserve a portion thereof. However, the
Member offering the motion may, at the conclusion of the 10 minutes of
debate, yield to another Member to offer an amendment to the motion if
the previous question has not been ordered on the motion. Manual
Sec. 1002a.

[[Page 825]]

A Member recognized for five minutes in opposition to a motion to
recommit with instructions controls the floor for debate only and may
not yield to another Member to offer an amendment to the motion to
recommit. Deschler Ch 23 Sec. 30.4. Where debate time on a motion to
recommit with instructions has been lengthened by a special order of
business, the Chair has allowed time to be allocated and controlled
and has permitted the Member controlling time in opposition to close
debate. 95-2, Aug. 10, 1978, p 25500.

Sec. 16 . Effect of Special Orders of Business

Clause 6(c) of rule XIII precludes the Committee on Rules from
reporting a special order of business which would prevent the motion
to recommit a bill or joint resolution from being made as provided in
clause 2(b) of rule XIX. That prohibition includes a motion to
recommit with instructions if offered by the Minority Leader or a
designee, except on a Senate bill or joint resolution for which the
text of a House-passed measure has been substituted. Manual Sec. 857.
The prohibition is applicable only to the recommittal of a bill or
joint resolution pending initial final passage and does not apply to a
special order of business restricting the recommittal of a simple or
concurrent resolution. Manual Sec. 859. The Committee on Rules has
reported special orders of business precluding a motion to recommit at
subsequent stages; that is, during consideration of amendments between
the Houses. See Senate Bills; Amendments Between the Houses. For an
exchange of correspondence between the chair and ranking minority
member of the Committee on Rules regarding this practice, see 104-2,
Jan. 24, 1996, pp 1228, 1229.

F. Motions With Instructions

Sec. 17 . In General

The motion to refer, commit, or recommit may include instructions.
Such instructions may direct a designated committee to take a
specified action, such as to study a subject germane to the underlying
measure. Manual Sec. 1002b; Deschler Ch 23 Sec. 25. A committee may be
instructed as follows:

To report ``forthwith'' with an amendment. Sec. 18, infra.
To consider the bill in relation to the President's energy
message and to promptly hold hearings thereon. 95-1, Apr. 29,
1977, p 12886.
To hold hearings and promptly report recommendations on how to
amortize the cost of the bill. 101-2, Mar. 29, 1990, p 6042.

[[Page 826]]

To examine possible measures to reduce oil prices and report
amendments containing such measures. 106-2, Mar. 22, 2000, p
3295.
To hold hearings on a proposal and to solicit the views of
administration officials. Deschler Ch 23 Sec. 26.2; 100-2, July
27, 1988, p 19146.
To examine the sufficiency of a contempt citation and report
back to the House. Deschler Ch 23 Sec. 32.11.

Under a previous form of the rule, a motion to recommit a bill or
joint resolution with instructions could specify that the committee
report back ``promptly.'' Unlike a motion to recommit ``forthwith,''
where amendatory instructions are carried out immediately (see below),
a ``promptly'' motion sent the bill back to committee whose eventual
report (if any) was not immediately before the House. The instructions
contained in such a motion were advisory only. Such ``promptly''
instructions, while no longer applicable to bills and joint
resolutions, remain available for simple or concurrent resolutions.
Manual Sec. 1002b.

Amendments to Instructions

A motion to recommit with instructions may be amended if the
previous question has not been ordered thereon. A substitute amendment
which strikes all of the proposed instructions and inserts others in
their place is in order if germane to the pending measure, and does
not violate the right of the minority to move to recommit. 8 Cannon
Sec. 2759. An amendment offered to an instruction must be germane to
the bill, not necessarily to the original instruction. Manual
Sec. 930.

Sec. 18 . Instructions to Report ``Forthwith''

The House may recommit a bill to committee with instructions to
report an amendment ``forthwith.'' Such instructions must be complied
with immediately. Manual Sec. 1002b. The House has used this procedure
even with respect to an amendment in the nature of a substitute for
the entire bill. Deschler Ch 23 Sec. 32.16.
Having been instructed to report ``forthwith,'' the committee is
not required to convene and consider the measure. The chair or other
designated committee member immediately rises and announces that,
pursuant to the instructions of the House, the measure is reported
back to the House with the instructed amendment. Deschler Ch 23
Sec. 25. The House then votes on the amendment and, if it is adopted,
again on engrossment and third reading of the bill before final
passage, as shown in the following example:

Speaker: The question is on the engrossment and third reading of
the bill.

[[Page 827]]

Note: The question is then put. If it carries, the bill is ordered
to be engrossed and read a third time, and is read the third time.

Member: I have a motion to recommit at the desk.
Speaker: Is the gentle___ opposed to the bill?
Member: I am, M_. Speaker [in its present form].
Speaker: The gentle___ qualifies. The Clerk will report the motion
to recommit.
Clerk: The gentle___ from ___ moves to recommit the bill, H.R. __,
to the Committee on _____ with instructions to report the bill
forthwith with the following amendment: ______

Note: The motion is subject to 10 minutes of debate or up to one
hour if demanded by the floor manager of the bill, equally divided
between the proponent and a Member opposed to the motion. Sec. 15,
supra.

Speaker: Without objection, the previous question is ordered on
the motion to recommit. The question is on the motion to recommit.

Note: A vote having been taken and announced in the affirmative,
the chair of the designated committee rises:

Chair: M_. Speaker, pursuant to the instructions of the House on
the motion to recommit, I report back the bill, H.R. _____, with an
amendment.
Speaker: The Clerk will report the amendment. [After Clerk reports
the amendment.] The question is on the amendment.

Note: The amendment is voted on; if it is adopted, the Speaker
again puts the question on engrossment and third reading of the bill;
if agreed to, the question is on passage of the bill.

Sec. 19 . Dividing the Question on Instructions

On a motion to recommit with instructions, it is not in order to
demand a separate vote on the instructions or various branches
thereof. 5 Hinds Sec. Sec. 6134-6137; 8 Cannon Sec. Sec. 2737, 3170.
However, when a bill is reported back to the House with an amendment
pursuant to such instructions, a division of the question may be
demanded on the amendment if the question is otherwise in a divisible
form. Manual Sec. 921. A motion to recommit a bill to conference with
various instructions may not be divided. Manual Sec. 921; see
generally Division of the Question for Voting.

Sec. 20 . Instructions Subject to a Point of Order

A motion to recommit may not propose to do that which may not be
done by amendment under the rules of the House. Manual Sec. 1002b; 5
Hinds Sec. Sec. 5529-5541.

[[Page 828]]

For instance, a motion to recommit may not:

Propose an amendment that is not germane. 5 Hinds
Sec. Sec. 5529-5541, 5834, 5889; 8 Cannon Sec. Sec. 2705, 2707,
2708.
Amend or eliminate an amendment adopted by the House (unless
permitted by special order of business). 5 Hinds Sec. 5531; 8
Cannon Sec. Sec. 2712, 2714, 2715, 2720-2724; Deschler Ch 23
Sec. 32.20.
Propose an amendment in violation of clauses 2, 4, 5, or 10 of
rule XXI. 5 Hinds Sec. Sec. 5533-5540; 112-1, Mar. 3, 2011, p
__.
Propose an amendment in violation of the Congressional Budget
Act. Manual Sec. 1127.
Change the rules of the House by authorizing a committee to
report at any time (5 Hinds Sec. 5543) or by directing a
committee to report by a date certain (5 Hinds Sec. 5549).
However, it has been held in order to reoffer an amendment
rejected by the House. 5 Hinds Sec. Sec. 5543, 5549; 8 Cannon
Sec. 2728.
Contain an amendment in the form of a limitation to a general
appropriations bill that has not been offered in the Committee
of the Whole. See Appropriations.
Contain argument. Manual Sec. 1002b.

Where a special order of business providing for the consideration
of a bill prohibited the offering of amendments to a certain title of
the bill (at any point during consideration), it was held not in order
to offer a motion to recommit with instructions to amend the
restricted title. However, that precedent should be read in light of
clause 6(c)(2) of rule XIII, which precludes the Committee on Rules
from reporting a rule that would prevent a motion to recommit from
including amendatory instructions. Manual Sec. 1002b.
Under clause 6(c) of rule XIII, the Committee on Rules may not
report a special order of business denying to the Minority Leader or a
designee the right to offer a motion with instructions. Manual
Sec. 857. If the special order of business reported from the Committee
on Rules permits a motion to recommit ``with or without
instructions,'' amendatory instructions are protected; and a motion to
recommit may include instructions (otherwise in order) that modify an
amendment previously agreed to by the House. This is true even if the
House has adopted an amendment in the nature of a substitute. The
insertion of the phrase ``one motion to recommit with or without
instructions'' has become routine in special orders reported by the
Committee on Rules (but is unnecessary in a special order of business
that precludes amendments prior to the stage of recommittal).
The Chair does not anticipate the content of a motion to recommit
and will not rule in advance as to whether particular instructions
which might

[[Page 829]]

be offered as part of such a motion would be in order. Deschler-Brown
Ch 28 Sec. 23.

[[Page 831]]

CHAPTER 49
RESOLUTIONS OF INQUIRY

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. To Whom Resolutions May Be Directed
Sec. 3. Subjects of Inquiry
Sec. 4. Privilege of Resolution
Sec. 5. -- Resolutions Calling for Opinions
Sec. 6. Committee Function
Sec. 7. Consideration in the House
Sec. 8. Executive Branch Responses
Research References
3 Hinds Sec. Sec. 1856-1910
6 Cannon Sec. Sec. 404-437
Deschler Ch 15 Sec. 2
Manual Sec. Sec. 864-868

Sec. 1 . In General

The resolution of inquiry is one of the methods used by the House
to obtain information from the executive branch. Deschler Ch 15
Sec. 2. Resolutions of inquiry are accorded privileged status under
clause 7 of rule XIII. Manual Sec. Sec. 864, 866.
A resolution of inquiry is simple rather than concurrent or joint
in form. Manual Sec. 865. The resolution normally provides that the
information be furnished directly to the House.
A resolution of inquiry need not contain a statement as to the
purpose for which the information is sought. 96-1, June 15, 1979, p
15027. In fact, the inclusion of a preamble will effectively destroy
the privilege that the resolution might otherwise enjoy. See Sec. 6,
infra.
The wording of the resolution will vary depending on the person to
whom the resolution is directed. The House traditionally ``requests''
the President and ``directs'' the heads of executive departments to
furnish information. Manual Sec. 865. The resolution may include the
qualifying phrase, ``if not incompatible with the public interest,''
or words to that effect. 3 Hinds Sec. 1896; 6 Cannon Sec. 436;
Deschler Ch 15 Sec. 2.8.

[[Page 832]]

Sec. 2 . To Whom Resolutions May Be Directed

Resolutions of inquiry are directed to the President or to a
cabinet officer. Deschler Ch 15 Sec. 2. Clause 7 of rule XIII refers
to ``the head of an executive department.'' That term does not extend
beyond Cabinet officers to subordinate officials. Thus, a resolution
of inquiry directed to the Federal Reserve Board (6 Cannon Sec. 406)
or to the Director of the CIA (Deschler Ch 15 Sec. 2.1) would not be
privileged for consideration.
Normally, resolutions of inquiry direct the respondent to furnish
information directly to the House, and it has been questioned whether
directing the respondent to furnish information to a committee of the
House would impair the privilege. Deschler Ch 15 Sec. 2.26; but see 3
Hinds Sec. 1860.

Sec. 3 . Subjects of Inquiry

A wide variety of information--relating to both foreign and
domestic affairs--may be sought pursuant to a resolution of inquiry.
The House has agreed to such resolutions to obtain information on:

Agreements between the President and the British Prime
Minister. Deschler Ch 15 Sec. 2.13.
The relationship between the President's brother (Billy
Carter) and the Libyan Government. 96-2, Sept. 10, 1980, p
24948.
The dismantlement and removal of industrial plants from
postwar Germany. Deschler Ch 15 Sec. 2.15.
Sales to foreign countries of goods in short supply. Deschler
Ch 15 Sec. 2.22.
Domestic availability of petroleum and coal. Deschler Ch 15
Sec. 2.23.
The construction of certain river improvements and the costs
thereof. 3 Hinds Sec. 1875.
Information in possession of the Department of Justice
relative to a certain kidnapping case, including the names of
those questioned in the investigation. Deschler Ch 15
Sec. 2.19.
Documents containing a list of public school systems receiving
Federal aid that bus school children to achieve racial balance
or indicating the use of Federal funds for such busing.
Deschler Ch 15 Sec. 2.24.
Department of Defense documents regarding U.S. military
assistance to certain nations. Deschler Ch 15 Sec. 2.12.
Information from the Secretary of State regarding a U.S.
military alert ordered in October, 1973. 93-2, Apr. 9, 1974, p
10177.
Information from the Secretary of Defense relative to
congressional support for the C-5B aircraft. 97-2, Aug. 3,
1982, p 18947.
Information from the President relative to U.S. activities in
Honduras and Nicaragua. 98-1, May 4, 1983, p 11097.
Information from the President relating to U.S. supplies of
crude oil and refined petroleum products. 96-1, June 14, 1979,
p 14951.

[[Page 833]]

Evidence compiled by the Department of Justice and the FBI in
connection with the ABSCAM investigation (relating to bribery
of certain Members and other public officials), and information
on the amount of Federal spending thereon. 96-2, Feb. 27, 1980,
pp 4071, 4078.

Documents that have been sought pursuant to a resolution of
inquiry include reports on foreign affairs, such as the so-called
Pentagon Papers (Deschler Ch 15 Sec. 2.2), certain text of
communications between the Department of State and a U.S. Embassy
(Deschler Ch 15 Sec. 2.3), maps showing certain military operations
(Deschler Ch 15 Sec. 2.8), military statistical data (Deschler Ch 15
Sec. 2.11), papers in the custody of the Special Prosecutor (Deschler
Ch 15 Sec. 2.17), and a letter from the Director of the FBI to the
Secretary of Commerce (Deschler Ch 15 Sec. 2.20). A resolution of
inquiry, reported adversely in 1993, requested the President to
furnish certain documents concerning the White House travel office and
the FBI. 103-1, July 20, 1993, p 16207.

Sec. 4 . Privilege of Resolution

For a resolution of inquiry to have privileged status, or for the
motion to discharge to have that status, the resolution must be
addressed to the President or to a member of the President's Cabinet.
3 Hinds Sec. 1861; 6 Cannon Sec. 406. To be privileged, the resolution
should not contain a preamble. 3 Hinds Sec. Sec. 1877, 1878; 6 Cannon
Sec. Sec. 422, 427. It must seek facts rather than opinions and may
not require an investigation. 3 Hinds Sec. Sec. 1872-1874; 6 Cannon
Sec. Sec. 427, 429, 432; Sec. 7, infra. A resolution may be held to
require an investigation where it calls for information that is not
within the purview of the executive to whom the resolution is
addressed. 3 Hinds Sec. 1874; 6 Cannon Sec. 410. The point of order
that a resolution of inquiry is not privileged should be raised after
the resolution has been read but before debate thereon. See Points of
Order; Parliamentary Inquiries.

Sec. 5 . -- Resolutions Calling for Opinions

To enjoy privileged status, a resolution of inquiry should seek
factual information only. It may not be considered as privileged if it
calls for an opinion or for such facts as would inevitably require the
statement of an opinion to answer the inquiry. Manual Sec. 866; 3
Hinds Sec. Sec. 1872, 1873; 6 Cannon Sec. 413; Deschler Ch 15 Sec. 2.
A request for documents only is normally construed not to require an
expression of opinion.

[[Page 834]]

Resolutions of inquiry have lost their privileged status because
they sought opinions rather than facts, for example:

The names of those certifying to an appointment unless the
disclosure would be ``distressing'' to anyone named. 72-1, Feb.
5, 1932, p 3453.
An ``analysis'' of a country's past and present military
capability. 92-1, July 7, 1971, p 23816.
The rationale for American involvement in South Vietnam.
Deschler Ch 15 Sec. 2.1.
The extent of damage to facilities struck by bombs. Deschler
Ch 15 Sec. 2.7.

Sec. 6 . Committee Functions

Referrals and Reports; Joint Referrals

Resolutions of inquiry are introduced through the hopper and
referred to the appropriate committees for consideration and report.
Under clause 7 of rule XIII, committees are required to report
resolutions of inquiry back to the House within 14 legislative days,
exclusive of the day of introduction and the day of discharge. 3 Hinds
Sec. Sec. 1858, 1859. The 14-day reporting period may be extended by
unanimous consent. Manual Sec. 864; 97-2, July 12, 1982, p 15773. In
the case of a multiple referral, all committees must either report or
be discharged before consideration, but the modern practice is to
refer such resolutions to a single committee only.

Discharge

If a committee fails to file its report on the resolution to the
House within the 14-day period, the House may consider the resolution
by adopting a motion to discharge as follows:

Member: M_. Speaker, I move to discharge the Committee on _____
from the further consideration of the resolution, H. Res. __, a
privileged resolution of inquiry.

This motion is privileged for consideration after the 14-day
period even though there may have been some delay in the transmittal
of the resolution to the committee. Manual Sec. 867; 3 Hinds
Sec. 1871. The motion to discharge is not debatable. Manual Sec. 867.
A motion to table the motion to discharge is in order but is likewise
not debatable. 6 Cannon Sec. 415. However, if the motion to discharge
is agreed to, the question recurs on agreeing to the resolution of
inquiry; and that question is debatable. 6 Cannon Sec. 417.
A committee also may be discharged from consideration of a
resolution of inquiry by unanimous consent, even where a motion to
discharge is not yet eligible for consideration under clause 7 of rule
XIII. Deschler Ch 15 Sec. Sec. 2.17, 2.18.

[[Page 835]]

Sec. 7 . Consideration in the House

Generally; Calling Up

A resolution of inquiry, if in proper form, is privileged, and a
report thereon is presented from the floor rather than through the
hopper. 103-1, July 20, 1993, p 16207. Subject to three-day report
availability under clause 4 of rule XIII, the resolution may be called
up in the House and considered anytime after it has been reported by
(or discharged from) a committee to which it was referred. 6 Cannon
Sec. 414; Deschler Ch 24 Sec. 8.13. It may not be called up as
privileged before being referred to committee. Manual Sec. 866. The
privilege of the resolution is not affected by an adverse report.
Indeed, an adverse report on the resolution is itself submitted as
privileged. 6 Cannon Sec. Sec. 404, 410.
The reported resolution retains its privilege after being referred
to the calendar. 6 Cannon Sec. 407. If it is ruled out because it was
submitted through the hopper, it may be immediately resubmitted from
the floor without loss of privilege. 6 Cannon Sec. 419.

Who May Call Up

When a resolution of inquiry has been reported by committee within
the 14-day time frame, only an authorized member of that committee may
call up the resolution for consideration. 6 Cannon Sec. 413; Sec. 4,
supra. By reporting a resolution of inquiry, even adversely, within 14
legislative days, the committee of jurisdiction retains control of the
resolution, and a Member not authorized by the committee cannot call
up the resolution. Manual Sec. 867; 8 Cannon Sec. 2310.

Three-Day Availability Requirement

The consideration of a resolution of inquiry in the House is
ordinarily subject to the three-day availability requirement of clause
4 of rule XIII. Manual Sec. 850. However, the House has considered it
on the day reported where no point of order was raised, or pursuant to
a unanimous-consent request. Deschler Ch 24 Sec. Sec. 8.13, 8.14.

Debate; Motions

The Member calling up a privileged resolution of inquiry is
recognized to control one hour of debate, whether the resolution is
reported from committee or is before the House pursuant to a motion to
discharge. Manual Sec. 867.
A motion to table will lie against a pending resolution of
inquiry, whether reported favorably or adversely. Deschler Ch 15
Sec. 2. The motion

[[Page 836]]

to table is preferential. Manual Sec. 914. The motion may be offered
before or after debate on the resolution. Manual Sec. 867.

Effect of Adjournment

A resolution of inquiry undisposed of by the House at adjournment
at the end of the day retains its privilege and is the unfinished
business when that class of business is again in order under the
rules. 6 Cannon Sec. 412. On that day, the resolution may be called up
and debated de novo. 96-1, June 14, 1979, p 14951; 96-1, June 15,
1979, p 15027.

Sec. 8 . Executive Branch Responses

Resolutions of inquiry ordinarily have been complied with pursuant
to principles of comity between the branches of government. Deschler
Ch 15 Sec. Sec. 2, 3. Responses submitted to the House by the officer
named in the resolution are laid before the House and referred to the
committee or committees reporting the resolution. 96-2, Sept. 17,
1980, p 25887.
The House rules contain no specific provision for enforcing
resolutions of inquiry, and there have been a number of instances in
which the officer named has refused or declined to provide some or all
of the information sought. For examples of conflicts with the
executive branch over resolutions of inquiry, see Manual Sec. 868; 6
Cannon Sec. Sec. 434, 435. In such cases the House may renew its
inquiry or demand a further or more complete answer. 3 Hinds
Sec. Sec. 1890, 1891; 6 Cannon Sec. 435. For the power of the House to
issue subpoenas and to enforce them pursuant to contempt procedures,
see Contempt.

[[Page 837]]

CHAPTER 50
RULES AND PRECEDENTS OF THE HOUSE

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Binding Effect
Sec. 3. Construction
Sec. 4. Changing or Waiving Rules
Research References
U.S. Const. art. I, Sec. 5
8 Cannon Sec. Sec. 3376-3396
Deschler Ch 5 Sec. Sec. 1-7
Manual Sec. Sec. 58-61a, 283-286, 387, 388, 1130

Sec. 1 . In General

Adoption of Rules

The Constitution empowers each House to determine the rules of its
proceedings. U.S. Const. art. I Sec. 5; Manual Sec. 58. The House may
not by its rules ignore constitutional restraints or violate
fundamental rights, and there should be a reasonable relation between
the mode or method of proceeding established by the rule and the
result that is sought. However, within these limitations, the House is
free to adopt such rules as it sees fit. Yellin v. United States, 374
U.S. 109 (1963).
It is customary for the House at the beginning of each Congress to
adopt the rules by which it is to be governed during its meetings. In
so doing, the House ordinarily will adopt the rules applicable in the
previous Congress with such amendments as it considers necessary.
Deschler Ch 1 Sec. 10.5. Such rules are adopted or amended pursuant to
a simple resolution that is called up as privileged and debated under
principles of ``general parliamentary law.'' See Assembly of Congress.
Changes in the rules from the prior Congress normally emanate from the
conference or caucus of the party that commands a majority and thus
has the responsibility for organizing the House.
Even before adoption of rules, it is in order to consider as
privileged a resolution in the nature of a special order of business
that makes in order the subsequent consideration of a resolution
adopting the rules for the newly organized House. Manual Sec. 60; 5
Hinds 5450.

[[Page 838]]

When a member of the majority party offers a resolution providing
rules for the new Congress:

The resolution is debatable for one hour.
The resolution is not subject to amendment unless the previous
question is rejected or the manager of the resolution yields
for an amendment. Deschler Ch 1 Sec. 10.9.
A motion to refer (with instructions) is in order before
debate begins, but this motion is subject to being laid on the
table. Manual Sec. 60.
A motion to commit is in order pending or following the
ordering of the previous question, which is the prerogative of
the minority, but the proponent need not qualify as opposed to
the resolution; and it is not debatable. Manual Sec. 60; 5
Hinds Sec. 5604.
A majority vote is required to adopt a resolution establishing
rules for a new Congress.

The right of the House to determine the rules of its proceedings
may not be impaired by repetition of dilatory motions. 5 Hinds
Sec. 5707.

Publication

The standing rules of the House are published each Congress in the
House Rules and Manual pursuant to resolution. Manual, p iii. This
comprehensive volume also includes, among other pertinent material,
portions of Jefferson's Manual, which was prepared by Thomas Jefferson
for his own guidance while he was President of the Senate from 1797 to
1801. Under clause 1 of rule XXIX, the principles recorded in
Jefferson's Manual govern the proceedings of the House where the
principles are applicable and not inconsistent with the standing rules
and orders of the House. Manual Sec. 1105.

Statutory Rules and Joint Rules

In some cases, Congress has enacted statutes setting forth rules
and procedures to be followed when the House considers certain kinds
of legislation, for example, the Congressional Budget and Impoundment
Control Act of 1974. Such statutes are enacted as an exercise of the
rule-making power of Congress, are reincorporated by reference in the
preface of the resolution adopting the rules of each House and in
clause 1 of rule XXIX, and are carried in the House Rules and Manual.
Manual Sec. Sec. 1127-1130; Deschler Ch 5 Sec. 3.
Joint rules, although in common use until 1876, are rarely used
today except to govern a joint session to count electoral votes.
Manual Sec. 220; Deschler Ch 10 Sec. 2.6.

[[Page 839]]

Rules Based on Precedent or Custom

As Asher Hinds noted in his work on the precedents of the House,
much of what is known as parliamentary law is not part of the formal
written rules of the House but springs from precedent or long-standing
custom. 1 Hinds, Introduction, p iii. Such precedent may be invoked to
resolve a procedural question in the absence of an express written
rule on the subject. Deschler Ch 5 Sec. 3; see also 6 Cannon, Preface,
p v; Deschler, Preface, pp iii-xiv. More frequently, the precedents of
the House are used to show the scope and application of one of its
formal rules. A noteworthy example is the House germaneness rule,
which is set forth very concisely in clause 7 of rule XVI, yet has
been interpreted through thousands of precedents since its adoption in
1789. Manual Sec. Sec. 928-940; Deschler-Brown Ch 28.
The precedents of the House, which are based primarily on the
rulings of the Speaker or chair of the Committee of the Whole, are
compiled in Hinds' Precedents (1907), Cannon's Precedents (1936),
Deschler's Precedents (1977) and Deschler-Brown Precedents. Deschler-
Brown-Johnson Precedents, which is currently being compiled, is
authorized by 2 USC Sec. 28b.

Sec. 2 . Binding Effect

Parliamentary law--a term that encompasses both formal rules and
usages--has come to be recognized as binding on the assembly and its
members, except as it may be varied by the adoption by the membership
of special rules or through some other authorized procedural device.
Landes v. State ex rel Matson, 67 NE 189 (Ind. 1903).
On the theory that a government of laws is preferable to a
government of men, the House has repeatedly recognized the importance
of following its precedents and obeying its well-established
procedural rules. See, e.g., 2 Hinds Sec. 1317. The House adheres to
settled rulings, and will not lightly disturb procedures that have
been established by prior decision of the Chair. Deschler, Preface, p
vi. However, the Speaker or Chair may refuse to follow a precedent
even though it is relevant to a pending question, where it is the only
precedent on the point and was not carefully reasoned. 6 Cannon
Sec. 48.

Sec. 3 . Construction

When a timely point of order is raised, it is the duty of the
Chair to determine whether language in a pending measure conforms to
the rules of the House, although the Chair may properly decline to do
so where points of order against the provisions have been waived by a
special order of business. Deschler Ch 21 Sec. 23.3. In construing a
rule, the Speaker may look be

[[Page 840]]

yond its terms and consider all the facts and circumstances in order
to determine the intention of the House in adopting the rule. Deschler
Ch 5 Sec. 6.3. In construing the rules, the Chair may be guided by the
general principle that the object of a parliamentary body is action,
and not stoppage of action. Manual Sec. 902.
The absence of a formal rule governing a particular procedure does
not necessarily mean that the procedure is permitted. Indeed, acts or
proceedings not expressly authorized by the rules may be deemed
inconsistent with, or in violation of, the rules. Deschler Ch 5
Sec. 6.4.
Where two rules of the House are in irreconcilable conflict, the
one adopted later controls. Deschler Ch 5 Sec. 6.1. Similarly, where
the rules of the House and a subsequent legislative enactment are not
consistent, the enactment must prevail. Deschler Ch 5 Sec. 6.2.
Similarly, a rule adopted after an enactment may supersede those
provisions of the statute that would otherwise govern House procedure.
Deschler Ch 5 Sec. 6.

Sec. 4 . Changing or Waiving Rules

Generally

Pursuant to its authority under article I, section 5 of the
Constitution, the House may change or waive the rules governing its
proceedings. 94-1, Mar. 20, 1975, p 7677; 95-1, Nov. 1, 1977, p 36310.
This is so even with respect to rules enacted by statute. Manual
Sec. 857. Once the rules have been adopted at the convening of the
House in a new Congress, further amendments to the rules are generally
implemented by resolution reported from the Committee on Rules. A rule
may in effect be suspended or modified through the use of certain
procedural devices, such as a unanimous-consent request. Deschler Ch 5
Sec. 5.
A motion to amend the rules of the House does not present a
question of ``constitutional'' privilege. 8 Cannon Sec. 3377. A
question of the privileges of the House may not be invoked to effect a
change in the rules of the House or their interpretation. Manual
Sec. 706; see generally Questions of Privilege.
The effect of a proposed change in the rules or a proposed special
order of business is a matter for debate and not within the
jurisdiction of the Chair to decide on a parliamentary inquiry during
its pendency. Manual Sec. 628; Deschler Ch 5 Sec. 5.12.
For the motion to suspend the rules, see Suspension of Rules.

[[Page 841]]

By Resolution

Amendments to the rules are generally offered in the form of a
privileged resolution reported and called up by the Committee on
Rules. Such a resolution may not be amended unless the Member in
charge yields for that purpose or the previous question is voted down.
Deschler Ch 5 Sec. 5.8. The resolution may be considered in the
Committee of the Whole pursuant to the terms of a special order of
business reported from the Committee on Rules. Deschler Ch 5 Sec. 5.6.
Although a resolution from the Committee on Rules to amend a House
rule is privileged, a resolution offered from the floor to amend a
House rule is not privileged for consideration as against a demand
that business proceed in the regular order. 8 Cannon Sec. 3377;
Deschler Ch 5 Sec. 5.1.
Clause 2 of rule XV, the discharge rule, has also been used to
bring a proposed rules change before the House. Manual Sec. 892.

By Unanimous Consent

Minor changes in the standing rules may be considered by unanimous
consent. Deschler Ch 5 Sec. 5.2. The House may by unanimous consent
waive the requirements of a particular rule unless the rule itself
provides that it is not subject to waiver even by unanimous consent.
See, e.g., clause 7 of rule XVII.

By Special Order of Business

The House may adopt a special order of business from the Committee
on Rules that has the effect of setting aside the standing rules of
the House insofar as they impede the consideration of a particular
bill. Deschler Ch 21 Sec. 19.7. The special order of business may
waive one or more--or indeed all--points of order against
consideration of a particular bill or against provisions therein. For
example, the special order of business may waive points of order that
could otherwise be raised against legislative provisions in an
appropriation bill, points of order based on the germaneness
requirement, or points of order based on the Ramseyer rule. Deschler
Ch 5 Sec. 7. A rule that waives a point of order under section 425 of
the Congressional Budget Act of 1974 (unfunded intergovernmental
mandates) is itself subject to a point of order under section 426 of
that Act. A rule that waives a point of order against earmarks (as
provided for by clauses 9(a) and 9(b) of rule XXI) is not in order,
and a point of order raised against such a rule is disposed of by the
question of consideration, as provided by clause 9(c) of rule XXI. See
Budget Process; Question of Consideration.
A special order of business that ``self-executes'' the adoption of
an amendment is not subject to a point of order that the amendment
would oth

[[Page 842]]

erwise be subject to because the amendment is not separately before
the House during consideration of the special order of business. For
example, a special order of business has been held not subject to
points of order for ``self-executing'' an amendment that violated
clause 7 of rule XVI (germaneness) (Manual Sec. 928), clause 2 of rule
XXI (legislation on an appropriation bill) (Manual Sec. 1044), and
clause 4 of rule XXI (appropriation on a legislative bill) (Manual
Sec. 1065).
For a full discussion of special orders of business, see Special
Orders of Business.

[[Page 843]]

CHAPTER 51
SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES

HOUSE PRACTICE

I. Disposition of Senate Bills on the Speaker's Table

Sec. 1. In General
Sec. 2. By Motion
Sec. 3. By Unanimous Consent
Sec. 4. By Special Order of Business
Sec. 5. Referral to Committee
Sec. 6. -- Speaker's Discretion

II. Senate Amendments

A. Before the Stage of Disagreement

Sec. 7. In General; Referral to Committee
Sec. 8. Consideration in the House
Sec. 9. Consideration in Committee of the Whole
Sec. 10. Consideration by Order of the House
Sec. 11. -- By Special Order of Business
Sec. 12. -- By Unanimous Consent
Sec. 13. -- By Suspension of the Rules
Sec. 14. -- By Sending to Conference
Sec. 15. Motions; Precedence Before Stage of Disagreement

B. Reaching the Stage of Disagreement

Sec. 16. In General

C. After the Stage of Disagreement; Motions

Sec. 17. In General; Privilege of Motions
Sec. 18. Motions in Order; Precedence of Motions
Sec. 19. -- To Lay on the Table
Sec. 20. -- To Recede and Concur
Sec. 21. -- To Recede and Concur with Amendment
Sec. 22. -- To Insist
Sec. 23. -- To Refer to Committee

[[Page 844]]

Sec. 24. -- To Adhere
Sec. 25. Debate; Recognition
Sec. 26. Disposition of Nongermane Senate Provisions

III. House Amendments to Senate Measures

Sec. 27. In General; Degree of Amendment
Sec. 28. Germaneness Requirements
Sec. 29. Amending House-passed Amendments; Receding, Insisting,
Adhering
Research References
4 Hinds Sec. Sec. 3090, 3108-3111, 4796-4808
5 Hinds Sec. Sec. 6163-6253, 6308, 6310, 6324
6 Cannon Sec. 730;
7 Cannon Sec. Sec. 799, 819, 825;
8 Cannon Sec. Sec. 3177-3208, 3211
Deschler-Brown Ch 32
Manual Sec. Sec. 485-488, 519, 521-529, 873, 874, 1069-1076

I. Disposition of Senate Bills on the Speaker's Table

Sec. 1 . In General

The House and Senate must agree on every detail of a bill before
it can be enrolled and presented to the President. U.S. Const. art. 1,
Sec. 7. The inability of the two Houses to agree on even the slightest
amendment to a bill causes the loss of the bill. 5 Hinds Sec. 6233.
Senate bills and joint resolutions messaged from the Senate to the
House go to the Speaker's table for disposition pursuant to clause 2
of rule XIV. Under this rule, Senate bills may be referred by the
Speaker to the appropriate standing committees in the same manner as
public bills introduced by the Members. Manual Sec. Sec. 873, 874; see
Sec. Sec. 5, 6, infra. However, Senate bills and resolutions that are
``substantially the same'' as House measures favorably reported, and
not required to be considered in the Committee of the Whole, may be
disposed of in the House by motion authorized by the reporting
committee. Clause 2 of rule XIV; see Sec. 2, infra. Senate bills that
do not satisfy the conditions specified by that rule may be called up
under unanimous consent, suspension of the rules, or special order of
business, but not by motion. 95-2, Feb. 23, 1978, p 4480; Sec. Sec. 3,
4, infra. Simple resolutions of the Senate that do not require House
action are not referred. 7 Cannon Sec. 1048.

[[Page 845]]

For a discussion of the House's prerogative to originate revenue-
raising legislation with regard to Senate amendments, see Questions of
Privilege, Sec. 5.

Sec. 2 . By Motion

Generally

Under clause 2 of rule XIV, a Senate bill or resolution received
in the House after a House measure ``substantially the same'' has been
reported favorably and placed on the House Calendar or Private
Calendar is privileged. It may be called up from the Speaker's table
for consideration on motion directed by all reporting committees
having initial jurisdiction of the House bill. Manual Sec. 873; 4
Hinds Sec. Sec. 3097, 3101, 3102; 6 Cannon Sec. Sec. 727, 734. The
fact that a House bill substantially the same as the Senate bill has
already passed the House and gone to the Senate does not detract from
the privilege of the Senate bill under the rule. 6 Cannon Sec. 734.
Under the modern practice, this rule is rarely used because few
measures qualify (most bills and joint resolutions reported in the
House are referred to the Union Calendar).
The motion to call up the Senate bill is not subject to the
question of consideration but is subject to a point of order if the
conditions specified by the rule are not satisfied. 8 Cannon
Sec. 2443. The prerequisites of the rule are:

The Senate bill must be substantially the same as the House
bill. 4 Hinds Sec. Sec. 3098, 3099, 3107-3111; 6 Cannon
Sec. 737.
The Senate bill must not require consideration in the
Committee of the Whole, and, if private, must not involve an
appropriation. 4 Hinds Sec. Sec. 3101; 3102.
The Senate bill must come to the House after the House bill is
placed on the calendar. 4 Hinds Sec. 3096; 6 Cannon Sec. 738.
The House bill must be on the House Calendar or Private
Calendar (not the Union Calendar). 4 Hinds Sec. Sec. 3089,
3097.
Under clause 2 of rule XIV, all reporting committees having
initial jurisdiction of the House measure must authorize the
motion. Manual Sec. 873.

In determining whether the House bill is substantially the same as
the Senate bill, amendments recommended by the House committee must be
considered. 6 Cannon Sec. Sec. 734, 736. Although a committee must
authorize the calling up of the Senate bill, the actual motion need
not be offered by a member of the committee. 4 Hinds Sec. 3100; 6
Hinds Sec. 739. The authority of a committee to call up a bill must be
given at a formal meeting of the committee. 8 Cannon Sec. Sec. 2211,
2212.

[[Page 846]]

Although the rule has been interpreted to apply to private Senate
bills that do not involve an appropriation (4 Hinds Sec. 3102), in
modern practice Senate private bills on the Speaker's table are
considered by unanimous consent during the call of the Private
Calendar, whether they are substantially the same as a House-passed
private bill or not.

Form

The Member authorized by the committee to call up the Senate bill
rises and addresses the Chair:

Member: M_. Speaker, by direction of the Committee on _____, I
call from the Speaker's table Senate bill S. __, H.R. __, having
been reported and placed on the House Calendar.
Speaker: The gentle___ calls from the Speaker's table the bill S.
__, which the Clerk will report.

Floor Consideration

Senate bills called up under this procedure are considered under
the general rules of the House, the Member in charge being recognized
for one hour. 6 Cannon Sec. 738. The procedure is as follows:

The bill is read in full.
The Member in charge uses or allots the hour to which such
Member is entitled.
If the previous question is not moved at the expiration of the
first hour, another Member may be recognized for an hour.

Sec. 3 . By Unanimous Consent

A Senate measure may be taken from the Speaker's table and called
up for consideration in the House by unanimous consent. Deschler-Brown
Ch 32 Sec. Sec. 3.4, 4.4, 4.5. Consideration in the House by unanimous
consent is permitted even where the Senate measure ordinarily would
require consideration in the Committee of the Whole. Deschler-Brown Ch
32 Sec. 3.7.
A unanimous-consent request to consider a Senate bill on the
Speaker's table may provide for its consideration in the House under
the hour rule. It also may include a provision that a specified
amendment be considered as pending. 97-2, Oct. 1, 1982, pp 27362,
27365-68.
The House also may agree to a unanimous-consent request to take a
Senate bill from the Speaker's table and to strike all after the
enacting clause and insert in lieu thereof certain text. Deschler-
Brown Ch 32 Sec. 3.4. For the Speaker's guidelines for recognition of
a unanimous-consent request to consider a Senate measure on the
Speaker's table, see Manual Sec. 956 and Recognition.

[[Page 847]]

Sec. 4 . By Special Order of Business

The House may adopt a resolution reported from the Committee on
Rules that provides for consideration in the House of a Senate bill on
the Speaker's table, even if the measure would otherwise require
consideration in the Committee of the Whole. Deschler-Brown Ch 32
Sec. 3.5.
The Committee on Rules may report a special order of business
permitting consideration in the House of a Senate measure from the
Speaker's table and preclude all intervening motions except, in the
case of a bill or joint resolution, the motion to recommit as
protected by clause 6(c) of rule XIII. Deschler Ch 21 Sec. 27; see
Special Orders of Business.

Sec. 5 . Referral to Committee

Under clause 2(b) of rule XIV, the Speaker has the discretion to
refer Senate bills to committees in the same manner as public bills
originating in the House (as described in clause 2 of rule XII) unless
the Senate bills qualify for consideration under clause 2(d) of rule
XIV. Manual Sec. Sec. 873, 874; 6 Cannon Sec. 727; Sec. 2, supra.
Simple resolutions from the Senate that do not require any action by
the House are not referred. 7 Cannon Sec. 1048.

Sec. 6 . -- Speaker's Discretion

It is the practice to refer promptly bills messaged from the
Senate. Nevertheless, clause 2(b) of rule XIV is merely discretionary
and not mandatory. Manual Sec. 873; 4 Hinds Sec. 3111. Furthermore,
the length of time such bills may remain on the Speaker's table before
being referred is within the Speaker's discretion. 6 Cannon Sec. 727.
Under the modern practice, the Speaker may hold a Senate bill at the
table when a comparable House bill has been reported or ordered
reported by a House committee or when the Senate measure violates a
House rule (such as the rule against commemorations, clause 5 of rule
XII) or the Constitution (such as the origination clause, article 1,
section 7). For a discussion of referral of House bills with Senate
amendments, see Sec. 7, infra.

II. Senate Amendments

A. Before the Stage of Disagreement

Sec. 7 . In General; Referral to Committee

Referrals by the Speaker

Senate amendments to House bills messaged from the Senate normally
remain at the Speaker's table to be disposed of by unanimous consent,
by

[[Page 848]]

special order of business, or by motion. However, before consideration
of any motions to dispose of Senate amendments, the Speaker has the
authority under clause 2 of rule XIV to refer such amendments to the
appropriate committees and to impose any conditions permitted by
clause 2 of rule XII, such as a time limitation for committee
consideration. Manual Sec. Sec. 528a, 873. For example, the Speaker
may refer only a portion of the Senate amendment to the standing
committee with subject matter jurisdiction, without referring the
remainder of the Senate amendment to the committee with jurisdiction
over the original House bill. Deschler-Brown Ch 32 Sec. 5.29.
The Speaker may hold at the desk or refer Senate amendments that
remain undisposed of after House action. For example, the Chair
indicated that should a resolution providing for concurring in Senate
amendments to a House bill be rejected, the bill and amendments would
remain on the Speaker's table for further action by the House.
Deschler-Brown Ch 32 Sec. 5.45. Likewise, if objection is made to a
unanimous-consent request to disagree to the amendments and agree to a
conference, the Speaker is not required to send the bill and
amendments directly to the committee having jurisdiction thereof. The
Speaker may hold the bill on the table until the Committee on Rules
has an opportunity to act or until the House takes other action.
Deschler-Brown Ch 32 Sec. 5.5.

Referrals By Motion

A motion to refer a Senate amendment that is under debate may be
offered pursuant to clause 4 of rule XVI. Manual Sec. 916. That motion
takes precedence over the motions to agree, disagree, or amend. Manual
Sec. 528b; 5 Hinds Sec. Sec. 6172-6174. Pursuant to clause 2 of rule
XIX, the motion to refer is in order even after the previous question
has been ordered on a motion to concur in the Senate amendment.
However, a motion to commit under clause 2 does not apply to a motion
to dispose of a Senate amendment after the stage of disagreement where
the motion to commit is used to displace a pending preferential
motion. Manual Sec. 1002.

Referrals By Special Order of Business

A Senate amendment may be referred to a standing committee
pursuant to the terms of a special order of business from the
Committee on Rules. Deschler-Brown Ch 32 Sec. 5.33.

Sec. 8 . Consideration in the House

Under clause 2 of rule XXII, House bills with Senate amendments
that do not require consideration in the Committee of the Whole may be
disposed of by privileged motion. Manual Sec. 1071. This rule is
applied to Sen

[[Page 849]]

ate amendments to House amendments as well as to Senate amendments to
House bills. Deschler-Brown Ch 32 Sec. 6.1. This rule is rarely used
because few measures qualify (most Senate amendments require
consideration in the Committee of the Whole because they raise revenue
or they directly or indirectly make appropriations of money or
property). Manual Sec. 528a.

Sec. 9 . Consideration in Committee of the Whole

House bills with Senate amendments that require consideration in
the Committee of the Whole may not be called up in the House as
privileged for immediate consideration before the stage of
disagreement. Manual Sec. 528a; 6 Cannon Sec. 731. The only exception
is a motion to ask or agree to a conference under clause 1 of rule
XXII. 4 Hinds Sec. Sec. 3149, 3150; 8 Cannon Sec. Sec. 3185, 3194.
Reaching the stage of disagreement, see Sec. 16, infra.
Under clause 3 of rule XXII, an amendment of the Senate to a House
bill is subject to the point of order that it first must be considered
in the Committee of the Whole if, originating in the House, it would
be subject to that point of order. Manual Sec. Sec. 1072-1074. The
point of order permitted by this rule applies only before the stage of
disagreement has been reached on the Senate amendment. It is too late
to raise a point of order that Senate amendments should have been
considered in Committee of the Whole after the House has disagreed
thereto and the amendments have been reported from conference. Manual
Sec. 1073.
Because of these restrictions against immediate consideration of
Senate amendments in the House, it was at one time common practice to
refer such amendments to the appropriate standing committee. 6 Cannon
Sec. 731. After committee consideration, they were taken up in the
Committee of the Whole. 4 Hinds Sec. Sec. 3108, 3109. Under the modern
practice, most Senate amendments are disposed of by a special order of
business reported from the Committee on Rules, by unanimous consent,
or under suspension of the rules. Sec. Sec. 11-13, infra.

Sec. 10 . Consideration by Order of the House

If the House agrees to a request to take up a Senate amendment
before the stage of disagreement, and if the request specifies the
disposition sought (to concur, to amend, or to disagree), only that
action is in order. Such a special request does not place the Senate
amendment before the House for any alternative disposition. If, on the
other hand, a Senate amendment is placed before the House by unanimous
consent or a special order of business merely ``for consideration,''
various motions are in order in the following order of priority: to
concur with an amendment, to concur, or to dis

[[Page 850]]

agree. A motion to concur with an amendment can itself be amended, if
the motion for the previous question is rejected, to propose another
amendment. Similarly, where the House has adopted a special order of
business providing for the consideration in the House of a motion to
concur in Senate amendments that otherwise require consideration in
the Committee of the Whole, only the motion to concur, made in order
by the special order of business, is in order. Other motions to
dispose of the Senate amendments may not be offered as privileged
pending, or even after rejection, of that motion. The rejection of
such a motion does not result in disagreement to that amendment or
permit disposition of that amendment by other motions (the stage of
disagreement not having been reached). Deschler-Brown Ch 32 Sec. 5.34.

Sec. 11 . -- By Special Order of Business

Generally

Resolutions from the Committee on Rules may be used to authorize
the consideration in the House of a motion to dispose of Senate
amendments before the stage of disagreement that would otherwise
require consideration in the Committee of the Whole. Such rules often
authorize the chair of a designated committee to offer a specified
motion to dispose of the Senate amendments. At this stage, the special
order of business need not protect the motion to recommit because the
bill is not at the stage of initial passage and thus clause 6(c) of
rule XIII does not apply. Manual Sec. 859.
If a motion for the previous question is voted down on a
resolution providing for consideration of the Senate amendments, the
resolution is open to germane amendment. Deschler Ch 21 Sec. 27.18. If
a resolution providing for concurring in Senate amendments to a House
bill before the stage of disagreement is rejected, the bill and
amendments remain on the Speaker's table for further action by the
House. Deschler Ch 21 Sec. 27.20.

``Hereby'' Special Orders of Business

On occasion the Committee on Rules has recommended a so-called
``hereby'' special order of business. Such a resolution, if adopted by
the House, orders a disposition of a Senate amendment, often before
the stage of disagreement. Such a resolution eliminates the need for a
motion to dispose of the amendment. Such rule is sometimes referred to
as a ``hereby'' special order because the House, in adopting the
resolution as drafted, ``hereby'' agrees to the disposition of the
amendment as proposed by that resolution. If the House adopts a
resolution, no further action by the House

[[Page 851]]

is required. The amendment is never itself before the House for
separate consideration. Deschler Ch 21 Sec. Sec. 27.16, 27.19.
Special orders of this nature may include provisions for a motion
to dispose of Senate amendments as well as ``hereby'' provisions
applicable to a related proposition.
The adoption of a ``hereby'' resolution disposing of a Senate
amendment obviates the requirement of consideration in Committee of
the Whole under clause 3 of rule XXII that would otherwise apply.
Manual Sec. 1073.

Special Orders of Business and the Motion to Recommit

Clause 6 of rule XIII precludes the Committee on Rules from
preventing a motion to recommit with instructions a bill or joint
resolution on which the previous question has been ordered to passage.
Manual Sec. 857. Under that stricture, the Committee on Rules may not
propose that the House ``hereby'' pass a bill or joint resolution or
provide for initial passage thereof without intervening motion (unless
it is the text of a previously House-passed measure).

Sec. 12 . -- By Unanimous Consent

Generally

Senate amendments may be considered in the House by unanimous
consent, even though such amendments normally would require
consideration in Committee of the Whole. Typically, the House will
agree by unanimous consent to take from the Speaker's table a House
bill with Senate amendments and concur in or otherwise dispose of the
amendments or permit the consideration of those amendments in the
House. Deschler-Brown Ch 32 Sec. 5.7.
This procedure may be invoked to permit the House to consider a
Senate amendment and concur therein with an amendment consisting of
the text of a House-passed bill. 95-1, May 11, 1977, p 14390. In one
instance, pursuant to a single unanimous-consent request, the House
amended a Senate amendment with the text of another bill introduced in
the House, insisted on the House amendment, and requested a
conference. 97-2, Mar. 16, 1982, p 4227. In another instance, the
House by unanimous consent made in order the consideration of a motion
to disagree to any Senate amendment that might be added to a House-
passed bill then pending in the Senate. Subsequently, pursuant to this
authority, the House considered and adopted a motion disagreeing to a
Senate amendment. 99-2, Aug. 15, 1986, p 22132.

[[Page 852]]

Guidelines for Recognition

Recognition for unanimous consent to consider a Senate amendment
on the Speaker's table may be subject to announced guidelines imposed
by the Speaker as a precondition to such recognition. For example, the
Speaker may indicate an intention to recognize only the chair or other
authorized member of the committee with jurisdiction for such
unanimous-consent requests. Manual Sec. 956.

Form of Request as Affecting Votes

The pendency of a unanimous-consent request to take from the
Speaker's table a measure with a Senate amendment and concur in the
amendment precludes the necessity for a vote on the amendment because
the amendment would be disposed of if the request is granted.
Deschler-Brown Ch 32 Sec. Sec. 5.11, 9.14. The failure of a Member to
object to the unanimous-consent request constitutes final House action
on the measure, thereby precluding a vote on the amendment. However, a
unanimous-consent request invoked merely to consider a Senate
amendment in the House permits a vote on a subsequent motion to concur
in the Senate amendment. Deschler-Brown Ch 32 Sec. 5.14.

Sec. 13 . -- By Suspension of the Rules

The House may consider a proposition, offered under suspension of
the rules, taking a House bill with one or more Senate amendments from
the Speaker's table and concurring in, disagreeing to, or making some
other disposition of, the amendment(s). Deschler-Brown Ch 32
Sec. 5.25.
A motion to suspend the rules and take a House bill with Senate
amendments from the Speaker's table and concur in the amendments with
a designated amendment may set forth the designated amendment in the
text of a resolution. Under prior practice, the language of the
designated amendment was included in the motion itself. 95-1, July 12,
1977, p 22483; Deschler-Brown Ch 32 Sec. 5.22. The House also has
agreed to a motion to suspend the rules and agree to a resolution
whereby the House agreed to the Senate amendment with a further
amendment, insisted on the House amendment, and requested a conference
with the Senate. 98-2, Aug. 8, 1984, p 22963.
The suspension procedure in such cases does not require a
resolution when the language to be voted on directly is in the Senate
message and the House is not originating new language. For example,
the House has agreed to a motion to suspend the rules and take from
the Speaker's table a Senate

[[Page 853]]

bill with a Senate amendment to House amendments thereto, and to
concur in the Senate amendment. 95-1, Oct. 18, 1977, pp 34086, 34087,
34091.

Sec. 14 . -- By Sending to Conference

House bills returned with Senate amendments requiring
consideration in the Committee of the Whole may be taken from the
Speaker's table and sent to conference by unanimous consent. 6 Cannon
Sec. 732. Such amendments also may be sent to conference by motion
under the provisions of clause 1 of rule XXII if the House is in
possession of the official papers. Deschler-Brown Ch 29 Sec. 17.1.
That rule provides that a motion to disagree with an amendment of the
Senate to a House proposition and to request or agree to a conference
with the Senate is always in order if the Speaker has chosen to
recognize for that purpose and if the motion is made by direction of
the committee having jurisdiction of the subject matter of the
proposition. Manual Sec. Sec. 1069, 1070. On a bill that has been
referred to more than one committee, the motion must be authorized by
the primary committee and all committees of initial referral reporting
thereon. Under clause 2(a)(3) of rule XI, a committee may adopt a rule
directing the chair to offer such a motion whenever the chair
considers it appropriate. A committee of sequential referral need not
authorize a motion made by direction of the committee that reported
the bill. Manual Sec. 1070; see generally Conferences Between the
Houses.
While a privileged motion to go to conference under clause 1 of
rule XXII is pending, preferential motions to concur or to concur with
amendment are not in order (the stage of disagreement not having been
reached). Deschler-Brown Ch 32 Sec. 5.

Sec. 15 . Motions; Precedence Before Stage of Disagreement

The stage of disagreement not having been reached on a Senate
amendment, motions in the House to dispose of the amendment are not
privileged and require unanimous consent or a special order of
business from the Committee on Rules, the only exception being a
motion to ask or agree to a conference under clause 1 of rule XXII.
Deschler-Brown Ch 32 Sec. 5.34. However, if a Senate amendment is
considered pursuant to an order of the House that does not specify the
motion to be considered, the amendment may then be disposed of by
invoking one of the motions shown in Chart No. 1 (Sec. 16, infra).
Such motions are available in the specified sequence and are arranged
in order of precedence. Manual Sec. 528b.
The relative preference of motions at this stage favors allowing
the House to perfect the amendment; that is, to first consider any
amendments

[[Page 854]]

to the Senate amendment before considering whether to agree or
disagree to it. Thus, at this stage, the motion to concur with an
amendment takes precedence over the motion to concur. Manual
Sec. 528b. These motions yield to the motion under clause 1 of rule
XXII to disagree and send to conference, which must be made by
direction of the pertinent committees.
A motion in the House to dispose of a Senate amendment to a House
bill is itself subject to the secondary motions ordinarily applicable
to any question that is under debate--to table, to postpone to a day
certain, to refer, and to amend--all of which remain privileged under
clause 4 of rule XVI, the last three yielding to the motion for the
previous question. Manual Sec. 528b. Thus, an amendment to a motion to
concur in a Senate amendment with an amendment may not be offered
unless the Member having the floor yields for that purpose, or unless
a motion for the previous question on the motion is defeated.
Deschler-Brown Ch 32 Sec. 11.20.
Where a motion to recede and concur in an amendment reported from
conference in disagreement is divided on demand, and the House votes
to recede, the motion to concur with an amendment may be offered as
preferential to the motion to concur (the House having retreated from
the stage of disagreement). 95-2, Oct. 5, 1978, p 33698. If the motion
to concur with an amendment is rejected, the question recurs on the
original proposal to concur in the Senate amendment. Deschler-Brown Ch
32 Sec. 9.16. On rejection of a motion to concur in a pending Senate
amendment, a motion to concur with an amendment or a motion to
disagree is in order. Deschler-Brown Ch 32 Sec. 9.17.
A motion to concur in a Senate amendment with an amendment (before
the stage of disagreement) is not subject to a demand for a division
of the question. 8 Cannon Sec. 3176. Divisibility after the stage of
disagreement, see Sec. Sec. 20, 21, infra.

B. Reaching the Stage of Disagreement

Sec. 16 . In General

Reaching the stage of disagreement is a critical threshold in the
disposition of amendments between the Houses. Before the stage of
disagreement is reached on Senate amendments, motions in the House to
dispose of amendments that require consideration in Committee of the
Whole are not privileged and require unanimous consent unless other
action is made in order by a special order of business or by the
prescription in clause 1 of rule XXII, relating to motions to ask or
agree to a conference. Sec. Sec. 8, 11, 15, supra. After the stage of
disagreement has been reached, motions in the

[[Page 855]]

House to resolve the matter in disagreement are privileged and do not
require unanimous consent for their consideration. Sec. 17, infra. The
stage of disagreement having been reached, a bill with Senate
amendments may be called up as privileged when the House is in
possession of the papers. 8 Cannon Sec. 3194.

Whether the House has reached the stage of disagreement also is
important in determining the kinds of motions that may be sought and
the precedence thereof. These motions (Manual Sec. 528) are shown in
Chart No. 1 and are listed in preferential order.

The stage of disagreement between the two Houses is reached when
the House has either disagreed to the Senate amendments or has
insisted on its own amendments to a Senate measure and has messaged
that action to the Senate. Manual Sec. Sec. 528a, 1074. For example,
where the House concurred in a Senate amendment to a House bill with
an amendment, insisted on the

[[Page 856]]

amendment, and requested a conference, and the Senate then concurred
in the House amendment with a further amendment, the matter was
privileged in the House for further disposition because the House had
communicated its insistence and request for a conference to the
Senate. Manual Sec. 1074.
The House has reached the stage of disagreement on a bill when it
has disagreed to a Senate amendment or insisted on a House amendment
(with or without requesting or agreeing to a conference) and has
informed the Senate of its action by message. Only previous insistence
or disagreement by the House itself (and not merely disagreement,
insistence, or amendment by the Senate) places the House in
disagreement. Manual Sec. Sec. 528a, 528c; Deschler-Brown Ch 32
Sec. 7.5.
Once the stage of disagreement has been reached on a bill with
amendments, the House remains in the stage of disagreement until the
matter is finally disposed of, and motions for its disposition are
privileged whenever the House is in possession of the papers. This
principle applies both where the stage of disagreement is reached
without a conference, and where matters remain in disagreement after
conferees have reported. Manual Sec. 528c. Where a Senate amendment
reported from conference in disagreement remains in disagreement
following subsequent action by the House and the Senate, a further
motion to dispose of that Senate amendment in the House is privileged
under clause 4 of rule XXII and subject to one hour of debate. Manual
Sec. 1075.

C. After the Stage of Disagreement; Motions

Sec. 17 . In General; Privilege of Motions

Under clause 4 of rule XXII, once the stage of disagreement has
been reached and the House is in possession of the papers, motions in
the House to resolve the matter in disagreement are privileged and no
longer require unanimous consent for their consideration. Deschler-
Brown Ch 32 Sec. 7.3. For example, the House having disagreed to a
Senate amendment and the Senate having insisted thereon, motions to
dispose of the matter in disagreement are privileged for consideration
in the House.
Once the stage of disagreement has been reached between the two
Houses on an amendment, motions in the House to dispose of the matter
at subsequent permissible stages of amendment remain privileged. For
example, where the House concurred in a Senate amendment to a House
bill with an amendment, insisted on the House amendment and requested
a conference, and the Senate then concurred in the House amendment
with a further amendment, the matter was privileged for further
disposition in the

[[Page 857]]

House because the stage of disagreement had been reached. Deschler-
Brown Ch 32 Sec. 7.5.

Sec. 18 . Motions in Order; Precedence of Motions

Generally

The stage of disagreement having been reached on a Senate
amendment, the amendment is subject to disposition in the House by
various motions. The primary motions to dispose of the amendment,
arranged in preferential order, are shown in Chart No. 1 (Sec. 16,
supra). Manual Sec. 528d. These motions have precedence in the order
shown without regard to the order in which they might be offered. 5
Hinds Sec. 6324. A demand for the previous question by the Member in
charge of a bill does not preclude consideration of a preferential
motion to dispose of the amendment in disagreement. 8 Cannon
Sec. 3204.
In theory, once at the stage of disagreement, preferential status
is accorded to a motion that tends most directly to bring the Houses
into agreement. 8 Cannon Sec. 3204; Deschler-Brown Ch 32 Sec. 7.8.
Thus, the stage of disagreement having been reached, a motion to
recede and concur takes precedence over a motion to recede and concur
with an amendment and a motion to insist on disagreement, because the
motion to recede and concur most promptly tends to bring the two
Houses together. Manual Sec. 528d.
For a discussion of the preferential status of a motion to insist
on disagreement to a Senate amendment reported from conference in
disagreement, where the original motion to dispose of the matter
portends legislation on an appropriation bill within the jurisdiction
of another committee, see clause 8(b)(3) of rule XXII; Manual
Sec. 1084; Conferences Between the Houses. Where the matter in
disagreement is a House amendment, see Sec. 29, infra.

Secondary Motions

Secondary motions applicable when any question is under debate,
such as the motion to table, to refer, or to postpone, are available
to dispose of a Senate amendment and are in order when preferential.
Manual Sec. 911. The motion to table a Senate amendment in
disagreement is preferential over other motions to dispose of the
amendment. Sec. 19, infra. The motion to refer a Senate amendment is
preferential only to the motion to adhere to disagreement. Manual
Sec. 528d. A motion to recommit with instructions to report back
forthwith with an amendment may not be offered after the previous
question has been ordered on a motion to recede and concur, a motion
of higher privilege. Manual Sec. 1002; Deschler-Brown Ch 32 Sec. 7.5.
Motions to post

[[Page 858]]

pone, either to a day certain or indefinitely, may be presumed to have
the lowest privilege with respect to a Senate amendment after the
stage of disagreement has been reached. Manual Sec. 528d.

Sec. 19 . -- To Lay on the Table

The stage of disagreement having been reached, a motion to table a
Senate amendment to a House bill is in order and takes precedence over
other motions to dispose of the amendment, including the motion to
insist on disagreement. Adoption of a motion to table the amendment
carries the bill to the table. Manual Sec. 528d; 5 Hinds
Sec. Sec. 5424, 6201-6203; Deschler-Brown Ch 32 Sec. 7.22.
Laying on the table a motion to dispose of a Senate amendment
should be distinguished from the tabling of the Senate amendment
itself. Manual Sec. Sec. 528d, 914. A privileged motion to dispose of
a Senate amendment in disagreement is itself subject to the motion to
table. Manual Sec. 519. Thus, a motion to recede and concur is subject
to the motion to table (Deschler-Brown Ch 32 Sec. 7.27), as is the
motion to recede and concur with an amendment (Deschler-Brown Ch 32
Sec. 7.26). A motion to table a privileged motion to dispose of an
amendment between the Houses is in order before debate thereon or at
the end of debate (and before the previous question is ordered).
Manual Sec. 914; 5 Hinds Sec. Sec. 5393-5395.
Adoption of a motion to table a motion to dispose of an amendment
represents final adverse disposition of that motion at that stage of
the question, but would not necessarily dispose of the amendment or
the bill, because other motions could still be available to dispose of
the amendment. See Deschler-Brown Ch 32 Sec. 7.10.

Sec. 20 . -- To Recede and Concur

In General

After the stage of disagreement has been reached, a motion to
recede and concur is highly preferential, yields only to a motion to
table (Sec. 19, supra), and takes precedence over:

A motion to recede and concur with an amendment. 8 Cannon
Sec. Sec. 3198, 3202.
A motion to insist on disagreement. 5 Hinds Sec. 6208; 8
Cannon Sec. 3194.
A motion to disagree (or insist) and request a conference.
Manual Sec. 528d.
A motion to adhere. 5 Hinds Sec. 6271.

[[Page 859]]

A motion to recede and concur is in order even after a motion for
the previous question has been demanded on a motion of lesser
privilege, such as a motion to insist. 5 Hinds Sec. 6208.
If the House agrees to the motion to recede and concur, other less
preferential motions to dispose of the amendment fall and are not
voted upon. Deschler-Brown Ch 32 Sec. 10.25. However, if the House
rejects the motion to recede and concur, further action must be taken
to dispose of the amendment. Manual Sec. 488. If the motion to recede
and concur in the Senate amendment is defeated, a further motion
relating to the amendment in disagreement is in order. Deschler-Brown
Ch 32 Sec. 10.27. If a motion to insist on disagreement to the Senate
amendment was pending, the question would recur on that motion.
Deschler-Brown Ch 32 Sec. 10.28.

Dividing the Question

The question on a motion to recede and concur in a Senate
amendment may be divided on demand of any Member. 8 Cannon Sec. 3203.
The division may be demanded as a matter of right under clause 5 of
rule XVI. Manual Sec. 921. The House does not vote on whether to
permit a division of the question. Deschler-Brown Ch 32 Sec. 10.11.
If the question on receding and concurring is divided before the
ordering of the previous question, the hour rule for debate applies to
each motion separately. See Deschler-Brown Ch 32 Sec. Sec. 8.1, 10.13.
If the question has been divided and the motion to recede is
agreed to, then the question of concurring is before the House.
Deschler-Brown Ch 32 Sec. 10.20. However, the House having receded, it
is no longer in the stage of disagreement with the Senate on that
amendment, and in that event a motion to amend takes precedence over
the motion to concur. 5 Hinds Sec. Sec. 6209, 6210; 8 Cannon
Sec. 3198. Thus, where a motion to recede and concur has been divided,
and the House recedes, a motion to concur with an amendment then takes
precedence over the motion to concur, is considered as pending if part
of the original motion, and is voted on first. Manual Sec. 528d; 95-2,
Oct. 5, 1978, p 33698-701.

Sec. 21 . -- To Recede and Concur With Amendment

A Senate amendment in disagreement is subject to disposition in
the House pursuant to a motion to recede from disagreement and concur
in the amendment with an amendment. See, e.g., 97-1, May 20, 1981, p
10319. This motion ordinarily yields to the motion to recede and
concur but takes precedence over the motion to insist and over the
motion to adhere. Manual Sec. 528d; 5 Hinds Sec. Sec. 6219-6223; 8
Cannon Sec. Sec. 3200, 3202.

[[Page 860]]

A motion to recede and concur with an amendment is subject to
amendment if the motion for the previous question is voted down or if
the Member in control of the floor yields for that purpose. Deschler-
Brown Ch 32 Sec. Sec. 11.19, 11.21. Where one motion to recede and
concur with an amendment is rejected, another motion to recede and
concur with a different amendment may be offered. Deschler-Brown Ch 32
Sec. 11.12.
A motion to recede from disagreement to a Senate amendment and
concur therein with an amendment may, on demand of any Member, be
divided to permit separate votes; the House votes first on the motion
to recede, and (if the House does recede) then on the motion to concur
with an amendment. 94-1, Oct. 7, 1975, p 32064; 99-1, Nov. 1, 1985, pp
30147, 30163. If the House refuses to recede, the motion to further
insist is in order. Sec. 22, infra.

Sec. 22 . -- To Insist

A Senate amendment in disagreement may be disposed of pursuant to
a motion to insist on disagreement or a compound motion to insist on
disagreement and request a (further) conference. Because the motion to
insist on disagreement and request a conference is more likely to
bring the two Houses together, that motion takes precedence over the
simple motion to insist. Manual Sec. 528d. Where both Houses insist
and neither House asks for a conference or recedes, the bill fails. 5
Hinds Sec. 6228.
A motion to insist on disagreement to a Senate amendment yields to
preferential motions, such as a motion to recede and concur in the
amendment but takes precedence over the motion to refer. 5 Hinds
Sec. 6225; 8 Cannon Sec. 3183. A motion to insist on disagreement and
request a further conference is not in order so long as preferential
motions to dispose of amendments in disagreement are pending.
Deschler-Brown Ch 33 Sec. 29.50.
The motion to insist on disagreement is in order and most commonly
used after the House has refused to recede from disagreement to a
Senate amendment. See, e.g., Deschler-Brown Ch 32 Sec. Sec. 12.2,
12.9. Thus where the House refuses to recede from its disagreement to
a Senate amendment--the motion to recede and concur having been
divided on demand of a Member--the motion to insist on disagreement is
in order. Deschler-Brown Ch 32 Sec. 12.10. Underlying these precedents
is the reasoning that because the refusal of the House to recede is
not equivalent to insisting upon disagreement, the House may vote
separately on that question pursuant to the motion to insist on
disagreement. Deschler-Brown Ch 32 Sec. 12.8.
A motion to insist on disagreement and request a further
conference may be in order after the rejection of a conference report
or after the con

[[Page 861]]

ference managers have reported a Senate amendment in disagreement.
Deschler-Brown Ch 32 Sec. Sec. 11.13, 12.13. For example, on rejection
of a motion to recede and concur in a Senate amendment with an
amendment, the manager may be recognized to offer a motion that the
House insist on its disagreement to the amendment. 96-1, May 23, 1979,
p 12489. Where a motion to recede and concur with an amendment to an
amendment reported in disagreement from conference has been divided,
and the motion to recede is rejected, the manager is entitled to
recognition to offer a motion to insist on disagreement. 94-1, Sept.
24, 1975, pp 30081, 30082.
Rejection of a motion to insist on disagreement to a Senate
amendment is not tantamount to concurrence. Further action is required
to dispose of the Senate amendment. Indeed, a motion to insist having
been rejected, the same Member who had offered the motion may be
recognized, absent recognition of another Member, to offer a motion to
recede and concur. Deschler-Brown Ch 32 Sec. 12.8. Similarly, the
rejection of a motion to recede and concur is not equivalent to the
adoption of a motion that the House insist on disagreement. Deschler-
Brown Ch 32 Sec. 12.5.
Under clause 8(b)(3) of rule XXII, a motion to insist on
disagreement to a Senate amendment to a general appropriation bill
reported in disagreement by a conference committee is preferential and
separately debatable if the original motion to dispose of the Senate
amendment proposes to change existing law and the motion to insist is
timely offered by the chair of a committee of jurisdiction or a
designee. Under clause 8(b)(3), the previous question is considered as
ordered on such motion to its adoption without intervening motion.
Manual Sec. 1084.

Sec. 23 . -- To Refer to Committee

A Senate amendment in disagreement may be disposed of pursuant to
a motion to refer (or recommit) to committee when and if such motion
is preferential. The simple motion to refer is preferential only to
the motion to adhere. Manual Sec. 528d. The motion to refer must yield
to motions of higher preferential status, such as the motion to recede
and concur and the motion to insist. 5 Hinds Sec. 6225; 8 Cannon
Sec. 3259. A motion to recommit with instructions may be offered, but
it too must yield to preferential motions to dispose of the amendment.
Thus, a motion to recommit with instructions to report back forthwith
with an amendment may not be offered after the previous question has
been ordered on a motion to recede and concur, a motion of higher
privilege. Manual Sec. 1002; Deschler-Brown Ch 32 Sec. 7.5. However,
after the House has receded from disagreement to a Senate amendment, a
motion to amend is preferential, so that, after the previous

[[Page 862]]

question is ordered on a motion to concur, a motion to recommit with
instructions to amend would be in order. 8 Cannon Sec. 2744.

Sec. 24 . -- To Adhere

Where the House has expressed its disagreement to a Senate
amendment and the amendment remains in disagreement after a Senate
response thereto, a motion that the House adhere to its disagreement
is in order. See, e.g., 5 Hinds Sec. 6239. The motion to adhere is
rarely used in modern practice, but when both Houses have insisted,
neither inclining to recede, it is in order. This motion yields to
motions of higher precedence, such as the motion to recede and concur
and the motion to insist. Manual Sec. 528d; 5 Hinds Sec. 6324. When
both Houses adhere, the bill fails, even though the disagreement may
be over a very minor amendment. 5 Hinds Sec. Sec. 6163, 6233-6240,
6313, 6324, 6325.
The adoption of a motion of higher preferential status--to recede
from disagreement to the amendment--precludes a motion to adhere to
the same amendment. However, the House may recede from its
disagreement to certain amendments and adhere to it as to other
amendments to the same bill. 5 Hinds Sec. 6229; for adherence to House
amendments, see Sec. 29, infra.
Adherence is to be distinguished from insistence in that adherence
represents an uncompromising position and may not be accompanied by a
request for a conference. The House that votes to adhere does not ask
for a conference, although it may agree to one, whereas the other
House may vote to insist and, at the same time, seek a conference. 5
Hinds Sec. Sec. 6241, 6308. One House, having adhered, may recede from
its adherence and agree to a conference asked by the other, or it may
vote to further adhere. 5 Hinds Sec. 6251.

Sec. 25 . Debate; Recognition

Debate in the House on a privileged motion to dispose of a Senate
amendment in disagreement is under the hour rule. Deschler-Brown Ch 32
Sec. 8.1. Under clause 8(d) of rule XXII, when an amendment is
reported from conference in disagreement, the Speaker recognizes the
manager of the report for a motion to dispose of the amendment. The
motion is debatable for one hour, equally divided between the majority
and minority parties. Pursuant to clause 8(d)(2) of rule XXII, if the
floor managers for both parties support the conference report, a
Member opposed may claim one-third of the time for debate. See
Conferences Between the Houses. The equal division of debate between
the majority and minority parties under clause 8(d) technically
applies only to conference reports and to motions to dispose

[[Page 863]]

of amendments reported from conference in disagreement and does not
apply to the Member offering the initial motion to dispose of an
amendment in disagreement that has not been reported from conference
but that is subsequently before the House. Deschler-Brown Ch 32
Sec. 7.4. However, the current practice in the House is to divide the
time in this fashion on all motions to dispose of amendments still in
disagreement following a conference. Manual Sec. 1086.
Although a motion to dispose of the amendment in disagreement may
be displaced by a preferential motion, the Member offering the
preferential motion does not thereby gain control of time for debate.
Deschler-Brown Ch 33 Sec. 29.12. For example, although the motion to
concur in a Senate amendment takes precedence over the motion to
disagree where the stage of disagreement has been reached, the Member
offering the preferential motion does not thereby gain control of the
time for debate, which remains in the control of the proponent of the
original motion under the hour rule. Deschler-Brown Ch 32 Sec. 7.14.
Similar rules are applied to amendments reported from conference in
disagreement; that is, the proponent of the preferential motion does
not thereby gain control of the time for debate. Deschler-Brown Ch 32
Sec. 8.1.
Although the manager of a conference report is entitled to prior
recognition to offer motions to dispose of amendments in disagreement,
such individual is not entitled to offer two motions, one preferential
to the other, to be pending at the same time. However, where the first
motion to insist on disagreement has been superseded by a preferential
motion to recede and concur, then the initial motion is no longer
pending. When the House votes to recede on the first portion of that
divided question, the manager may be recognized to offer another
motion to concur with an amendment, which would be preferential to the
remaining proposal to concur. Deschler-Brown Ch 32 Sec. 8.2. This is
to be contrasted with the situation where the bill manager offers a
motion to dispose of a Senate amendment that is rejected by the House.
In that case, recognition to offer a subsequent motion to dispose of
the pending Senate amendment shifts to a Member who led the opposition
to the rejected motion. See Manual Sec. 954.

Sec. 26 . Disposition of Nongermane Senate Provisions

Under clause 10 of rule XXII, points of order may be made and
separate votes demanded on motions to reject portions of conference
reports and Senate amendments in disagreement containing language that
would not have been germane if offered in the House. Clause 10 permits
points of order against language in a conference report that was
originally in a Senate

[[Page 864]]

bill and that would not have been germane if offered to the House-
passed version, and permits a separate motion to reject such portion
of the conference report if found nongermane. Manual Sec. Sec. 931,
1089, 1090. Clause 10 permits a similar procedure if a Senate
amendment or portion thereof would have been nongermane if offered in
the House. Motions to reject under these clauses are subject to 40
minutes of debate, equally divided between a proponent and an opponent
of the motion. Manual Sec. Sec. 1089, 1090; see Germaneness. Under the
modern practice, conference reports are considered pursuant to a
special order of business that waives all points of order against the
conference report and its consideration, including clause 10 of rule
XXII.

III. House Amendments to Senate Measures

Sec. 27 . In General; Degree of Amendment

A Senate bill may be subject to amendment by the House when the
bill is called up in the House pursuant to a unanimous-consent request
or a motion authorized by a special order of business from the
Committee on Rules. Sec. Sec. 2-4, supra. A Senate amendment to a
House measure also is subject to amendment by the House. The motion to
concur with an amendment is in order before the stage of disagreement,
and the motion to recede and concur with an amendment is in order
after the stage of disagreement. Sec. Sec. 15, 21, supra. As pointed
out elsewhere, however, an amendment to an amendment to an amendment
is in the third degree and not in order absent unanimous consent,
suspension of the rules, or a special order of business providing such
procedure. See Amendments. This rule governs the two Houses, according
to Jefferson's Manual, and is applicable to amendments between the
Houses, as shown in Chart No. 2. Manual Sec. 529.

[[Page 865]]

Where a bill of one House is amended by the other, the originating
House may respond with an amendment, and the second House may offer an
amendment to that amendment, but there the process stops; any further
amendment is in the third degree and not in order. 5 Hinds Sec. 6163.
An amendment of one House being amended by the other, the first
amending House may amend the last amendment, but further amendment is
not permissible. 5 Hinds Sec. Sec. 6176-6178. Thus, where a Senate
amendment to a House bill has been reported in disagreement, and a
House amendment thereto is amended by a further Senate amendment,
motions in the House to agree or disagree to the Senate amendment to
the House amendment are in order, but a motion to concur with a
further amendment would be in the third degree and not in order.
Deschler-Brown Ch 32 Sec. 6.4. Likewise, where there is pending in the
House a motion to amend a Senate amendment to a House amendment to a
Senate bill, and the House adopts the motion, the Senate may then
either concur in or disagree to the House amendment, but a further
Senate amendment would be in the third degree. 94-1, Dec. 15,

[[Page 866]]

1975, pp 40711, 40712. However, a conference report recommending
amendments at this stage is not subject to a point of order that the
amendments are in the third degree.
The House may consider a third-degree amendment by unanimous
consent, under suspension of the rules, or pursuant to a special order
of business from the Committee on Rules. Unanimous-consent requests
have been used to seek consideration of amendments in the fourth or
fifth degree. 99-2, Mar. 20, 1986, p 5796. If the House adopts an
amendment pursuant to such a procedure, the Senate may consider itself
no longer bound by Jefferson's proscription against third-degree
amendments and amend further.

Sec. 28 . Germaneness Requirements

An amendment offered in the House to a Senate amendment (that
merely inserts new matter and does not strike House provisions) must
ordinarily be germane to the particular Senate amendment to which it
is offered, its germaneness to the provisions of the bill being
insufficient. Manual Sec. 931; 5 Hinds Sec. 6188. The test of
germaneness of an amendment in the nature of a substitute to a Senate
amendment--proposed in a motion to concur therein with an amendment--
is the relationship between the proposed amendment in its entirety and
the Senate amendment (and not the relationship between any one
provision of the amendment and any one provision of the Senate
amendment). Manual Sec. 931. A special order of business may waive the
germaneness requirement. See, e.g., 106-2, Sept. 27, 2000, p 19708.
A motion to recede and concur in a Senate amendment with an
amendment must be germane to the Senate amendment. Deschler-Brown Ch
28 Sec. 27.1. However, where a Senate amendment proposes to strike
language in a House bill, the test of the germaneness of a motion to
recede and concur with an amendment is the relationship between the
language in the motion and the provisions in the House bill proposed
to be stricken by the Senate amendment, as well as to the matter to be
inserted by the Senate amendment. Deschler-Brown Ch 28 Sec. 27.9.
Clause 10 of rule XXII permits points of order against portions of
motions to concur or concur with amendment in nongermane Senate
amendments, the stage of disagreement having been reached. If such
points of order are sustained, the rule permits separate motions to
reject such nongermane matter. Manual Sec. Sec. 1089-1091; for more
comprehensive discussion, see Germaneness of Amendments.

[[Page 867]]

Sec. 29 . Amending House-passed Amendments; Receding, Insisting,
Adhering

Generally

Jefferson reasoned that, although the House may modify an
amendment from the Senate, the House cannot amend its own amendment
``because they have, on the question, passed it in that form.'' Manual
Sec. 526. Thus, although the House may recede from or insist on its
own amendment, it may not couple an amendment with such an action. 5
Hinds Sec. 6163. Indeed, few motions are available to enable the House
to act on its own amendment to a Senate measure. These motions (Manual
Sec. 528b), which are used primarily when the Senate has disagreed to
the House amendment, are as follows:

To recede.
To insist and request or agree to a conference.
To insist.
To adhere.

These motions have precedence in the House in the order named
without regard to the order in which they might be offered. 5 Hinds
Sec. 6324. Accordingly, the Senate having disagreed to a House
amendment, the House may recede from or insist on its own amendment.
When both Houses have insisted, neither inclining to recede, it is in
order to adhere. 5 Hinds Sec. 6163.

Receding

The House may recede from its own amendment to a Senate bill by
motion or by unanimous consent. Manual Sec. 524; Deschler-Brown Ch 32
Sec. Sec. 10.3, 10.5. If the House recedes from its own amendment, the
bill is passed unamended, unless the Senate has concurred in the House
amendment with a Senate amendment. Deschler-Brown Ch 32 Sec. 10. If
the House recedes from its amendment to a Senate amendment, further
House action is in order: the House may either concur in the Senate
amendment or amend it. Manual Sec. 528d.
The stage of disagreement having been reached on a House amendment
to a Senate amendment to a House proposition, the House may recede
from its amendment and, having receded, may then concur in the Senate
amendment with a different amendment (and such separate actions are
not tantamount to the House's receding from its own amendment with an
amendment as proscribed by Jefferson's Manual). Manual Sec. 526. Of
course, where the House has previously concurred in a Senate amendment
with an amendment, the House does not, merely by receding from its
amendment, concur in the Senate amendment. Manual Sec. 524.

[[Page 868]]

Insisting

The motion to insist on a House amendment yields to the motion to
recede therefrom. 5 Hinds Sec. 6270. However, where both Houses insist
and neither asks for a conference or recedes, the bill fails. 5 Hinds
Sec. 6228.
The compound motion to insist on a House amendment and request or
agree to a conference takes precedence over simple motions to insist
or to adhere. Preferential status is accorded to the compound motion
because of the greater likelihood that it will resolve the differences
between the two Houses. Manual Sec. 528b.

Adhering

Although it has been permitted, adherence before the stage of
disagreement has been extremely rare and is used infrequently under
the modern practice, even after the stage of disagreement. 5 Hinds
Sec. 6303. The motion to adhere to an amendment is the least-
privileged motion, yielding to the motion to recede and the motion to
insist. In addition, the ordinary motions applicable to any question
that is under debate--to table, to postpone to a day certain, and to
refer--remain privileged under clause 4 of rule XVI. Manual Sec. 528b.
It has been held that after the previous question has been moved
on a motion to adhere, a motion to recede may not be offered. 5 Hinds
Sec. 6310.

Effect of Adherence; Adherence as Related to Conferences

When both Houses adhere--one House adhering to its amendment and
the other to its disagreement therewith--the bill fails. 5 Hinds
Sec. Sec. 6163, 6313, 6325. Adherence is to be distinguished from
insistence in that adherence represents an uncompromising position and
may not even be accompanied by a request for a conference. 5 Hinds
Sec. 6308. However, one House, having adhered, may recede from its
adherence and agree to a conference asked by the other, or it may vote
to further adhere. 5 Hinds Sec. 6251. Conferences often have been
asked and granted where only one House has adhered. 5 Hinds
Sec. Sec. 6241-6244.

[[Page 869]]

CHAPTER 52
SPECIAL ORDERS OF BUSINESS

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Reporting Special Orders of Business
Sec. 3. Forms
Sec. 4. Consideration of Special Orders of Business
Sec. 5. Modification of Special Orders of Business
Sec. 6. Procedures Prescribed by Special Orders of Business
Research References
4 Hinds Sec. Sec. 3152-3265
7 Cannon Sec. Sec. 758-845
Deschler Ch 21 Sec. Sec. 16-19
Manual Sec. Sec. 734, 855, 857-859

Sec. 1 . In General

Jurisdiction and Authority

A resolution that specifies the manner in which a measure is to be
taken up and the procedures to be followed during its consideration is
called a ``special order of business'' or ``special rule.'' Such a
resolution, once adopted by the House, gives privilege to the measure
to be considered. Deschler Ch 21 Sec. 16. The Committee on Rules has
jurisdiction to report such resolutions under clause 1(o) of rule X.
Manual Sec. 733. By adoption of a special order of business by
majority vote, the House establishes the parameters of its agenda on
an ad hoc basis. Special orders of business are distinct from
``special-order speeches,'' which are discussed in Consideration and
Debate.
Because of the wide diversity of their use in the legislative
process, special orders of business are discussed in many other
chapters in this work. Measures not taken up under a special order of
business may be taken up by unanimous consent or considered under
suspension of the rules or are privileged in their own right under
other standing rules or statutes.

Restrictions on Authority of the Committee on Rules

The broad power of the Committee on Rules to report resolutions
varying the order of business or providing a special order is
expressly restricted by clause 6(c) of rule XIII, which protects the
motion to recommit. Manual

[[Page 870]]

Sec. 857. The restriction relating to the motion to recommit, which is
considered a fundamental prerogative of the minority, preserves the
opportunity to include proper instructions in the motion to recommit a
bill or joint resolution as described in clause 2(b) of rule XIX.
Manual Sec. 857.
In the 104th Congress, the restriction relating to the motion to
recommit was extended to prohibit the Committee on Rules from
recommending a rule or order that would prevent a motion by the
Minority Leader or a designee to recommit a bill or joint resolution
with instructions to report back an amendment otherwise in order,
except in the case of a Senate bill or joint resolution for which the
text of a House-passed measure is being substituted. Manual Sec. 857.
For a discussion of the restriction before it was extended to include
amendatory instructions, see Manual Sec. 859. In the 111th Congress,
clause 2 of rule XIX was amended to provide that the instructions
contained in the motion to recommit a bill or joint resolution must
direct the committee to report amendment(s) back to the House
``forthwith'' (resulting in the amendment(s) being immediately before
the House for consideration). For more on the motion to recommit, see
Refer and Recommit; see also Manual Sec. 1002b.
A special order of business providing for consideration of a bill
under suspension of the rules does not violate clause 6 of rule XIII
because no motion to recommit is available under suspension. Manual
Sec. 859; 8 Cannon Sec. 2267.
Section 425 of the Congressional Budget Act of 1974 precludes
consideration of a measure imposing Federal intergovernmental mandates
above a specified threshold amount. Manual Sec. 1127; 2 USC
Sec. 658e(a). Section 426 precludes the consideration of a special
order of business that waives points of order under section 425 of the
Congressional Budget Act. However, this restriction is ``enforced'' by
a Member raising a point of order against the rule and then the House
disposing of the question of consideration on the rule. The attention
of the House is thus focused on the waiver. After limited debate, the
House may decide to proceed with consideration of the rule. See
Unfunded Mandates.
In similar fashion, clause 9 of rule XXI establishes a point of
order against consideration of certain measures for failure to
disclose (or disclaim the presence of) certain earmarks, tax benefits,
and tariff benefits, and permits a vote on the question of
consideration of a rule waiving such a point of order. See Budget
Process.

Application to Various Measures

The privilege of the Committee on Rules to report special orders
of business extends to special orders for the consideration of
individual bills

[[Page 871]]

or classes of bills or the consideration of a specified amendment to a
bill and the prescription of a mode of considering such amendment. 5
Hinds Sec. 6774; 8 Cannon Sec. 2258; see Sec. 6, infra.
Customarily, a committee that has reported, or has jurisdiction
over, a measure requests the Committee on Rules to provide a special
order of business for its consideration. However, the Committee on
Rules also may provide for consideration of an unreported bill (the
adoption of the resolution discharges the committees to which the bill
was referred). 8 Cannon Sec. 2259; Deschler Ch 21 Sec. Sec. 16.15-
16.17; 93-2, Oct. 17, 1974, p 36020. It may even provide for the
consideration of a bill that has not yet been introduced or permit
consideration of a measure that comes into existence by virtue of
adoption by the House of the special order of business. Manual
Sec. 855; 8 Cannon Sec. 3388. For example, it may provide for
consideration of a joint resolution originated upon adoption of the
special order of business consisting of the text of a Senate-passed
joint resolution identical to a measure previously rejected by the
House under a separate statutory approval procedure. 99-2, Apr. 15,
1986, p 7531.
The Committee on Rules also may recommend a ``hereby'' resolution
that provides for a concurrent resolution correcting the enrollment of
a bill to be considered as adopted by the House upon the adoption of
the special order of business. Similarly, it may provide that a Senate
amendment pending at the Speaker's table and otherwise requiring
consideration in Committee of the Whole be ``hereby'' considered as
adopted upon adoption of the special order of business or considered
as adopted with a further specified amendment. Manual Sec. 855;
Deschler Ch 21 Sec. 16.11. In both cases, there is no bill or joint
resolution pending initial final passage. Therefore, the stricture
under clause 6(c) of rule XIII against denying a motion to recommit
with instructions is not operative.
A special order of business may make in order two or more
propositions. It also may link more than one passed measure separately
considered into one engrossment. Manual Sec. 476.
Special orders of business that prescribe procedures for the
consideration of conference reports and amendments between the Houses
may:

Waive points of order against a conference report and against
its consideration. 107-1, Dec. 12, 2001, p 25089.
Provide for the immediate consideration of a conference report
when it is eventually reported from the committee of
conference. Deschler Ch 21 Sec. 16.
Permit a motion to ``hook-up'' a House-passed measure with a
similar Senate-passed measure and a motion to go to conference.
107-1, July 12, 2001, p 13097.

[[Page 872]]

Provide for a motion to dispose of Senate amendments to a
House bill. 104-1, Dec. 13, 1995, p 36290.
Permit a third-degree amendment to be offered to a Senate
amendment. 103-1, Sept. 30, 1993, p 23148.
Allow conferees to refile a conference report in a corrected
form without a new meeting or new signatures. 104-1, Nov. 17,
1995, p 33741.
With respect to a measure in conference, discharge managers on
the part of the House and lay the bill on the table or dispose
of an amendment in disagreement (the House being in possession
of the official papers). 5 Hinds Sec. 6526; 110-1, Dec. 12,
2007, p 34003.

The Committee on Rules has reported as privileged a special order
of business nearly identical to one previously rejected by the House,
but it was held not to constitute ``another of the same substance''
within the meaning of Jefferson's Manual because it provided a
different scheme for general debate. Manual Sec. 515.
At the convening of a new Congress, a special order of business
has been offered as privileged to provide for consideration in the
House of a resolution to adopt the rules of a new Congress. Manual
Sec. 60.

Waivers

The Committee on Rules may report and call up as privileged
resolutions temporarily waiving or altering any rule of the House,
including statutory provisions enacted as an exercise of the
rulemaking authority of the House, that would prohibit the
consideration of a bill or otherwise establish an exclusive procedure
for consideration of a particular type of measure. Manual Sec. 857.
For example, the Committee on Rules has reported as privileged a joint
resolution repealing the statutory requirement--a joint rule--that
each House adjourn sine die not later than July 31. Manual Sec. 1106.
Points of order do not lie against the consideration of a special
order of business for waiving points of order against a measure, as it
is for the House to determine, by a majority vote on the adoption of
the resolution, whether certain rules should be waived. Deschler Ch 21
Sec. 16.9. However, a House or statutory rule may contain language
restricting the authority of the Committee on Rules to recommend a
waiver. See Unfunded Mandates; Question of Consideration.
Under clause 6(g) of rule XIII, a special order of business shall,
``to the maximum extent possible,'' be specific with respect to any
waiver of a point of order against the underlying measure or against
its consideration. Manual Sec. 863.

[[Page 873]]

Sec. 2 . Reporting Special Orders of Business

Generally; Typography

Under clause 3(g) of rule XIII, a report from the Committee on
Rules repealing or amending a standing rule must include a Ramseyer-
type comparative print; that is, appropriate typography showing the
proposed omissions or insertions. This clause does not apply to
resolutions that merely provide temporary waivers of rules during the
consideration of particular legislative business. Manual Sec. 848.

Privilege and Precedence of Reports

A report from the Committee on Rules enjoys high privilege. 8
Cannon Sec. 2260. A report from the Committee on Rules takes
precedence over a motion to consider a measure that is ``highly
privileged'' pursuant to a statute enacted as an exercise of the
rulemaking authority of the House, acknowledging the constitutional
authority of the House to change its rules at any time. Manual
Sec. 857. It also takes precedence over a privileged motion to
discharge a committee and has been called up before District of
Columbia business that is privileged on District Day. Deschler Ch 21
Sec. Sec. 17.7, 17.8.
Although highly privileged, a report from the Committee on Rules
yields to the presentation of conference reports (5 Hinds Sec. 6449)
and to a question of the privileges of the House (8 Cannon Sec. 3491).
A report is not in order after the House has voted to go into
Committee of the Whole. 5 Hinds Sec. 6781.
Once a special order of business is under debate, the House can
postpone further consideration and proceed to other business only by
unanimous consent. Deschler Ch 21 Sec. 17.11. However, under clause 2
of rule XVI, the manager of the resolution can withdraw it from
consideration before a decision has been made thereon. Deschler Ch 21
Sec. 18.41. If the resolution is later reoffered, debate under the
hour rule begins anew. Deschler Ch 21 Sec. 17.11 (note).

Reporting to the House; Calling Up

Under clause 6(d) of rule XIII, the Committee on Rules must
present a special order of business resolution to the House within
three legislative days of the time when it orders a report with
respect to the underlying measure. Manual Sec. 861.
Ordinarily, a report from the Committee on Rules is called up for
consideration by a member of that committee who has been so
authorized. However, under clause 6(d) of rule XIII, if the report has
been on the House Calendar for seven legislative days without being
called up, any member of

[[Page 874]]

the committee may call it up provided the member gives notice of one
calendar day of an intention to do so. This rule may be invoked by a
minority member of the committee. Manual Sec. 861.
Under clause 6(e) of rule XIII, in the event an adverse report is
made by the Committee on Rules on a special order of business, any
Member of the House may call up the report and move the adoption of
the resolution on a day when motions to discharge committees are in
order. Manual Sec. 861; see Discharging Measures From Committees.

Same-day Consideration

Although it is always in order to call up for consideration a
resolution reported from the Committee on Rules relating to the order
of business, it may not be considered on the same legislative day as
reported under clause 6(a) of rule XIII unless so determined by a vote
of not less than two-thirds of the Members voting, a quorum being
present. This requirement does not apply to resolutions called up
during the last three days of a session. Manual Sec. 857. The
Committee on Rules may report a resolution waiving this requirement.
93-2, Dec. 19, 1974, p 41572.
The two-thirds vote needed for same-day consideration does not
alter the requirement that a simple majority must actually adopt the
resolution. Deschler Ch 21 Sec. 18.7. If consideration is ordered by a
two-thirds vote, a point of order that the resolution has not been
printed does not lie. Manual Sec. 857.
Under clause 6(a)(2) of rule XIII, the two-thirds vote requirement
for same-day consideration does not apply if the only effect of a rule
is to waive the three-day layover requirement for a particular
reported bill or the three-day layover and two-hour availability
requirement for a conference report and amendments in disagreement.
Manual Sec. 857.
A report filed by the Committee on Rules at any time before the
convening of the House on the next legislative day may be called up
for immediate consideration without the two-thirds requirement. If the
House continues in session into a second calendar day and then meets
again that day, or convenes for two legislative days on the same
calendar day, any report filed on the first legislative day may be
called up on the second without the question of consideration being
raised. Manual Sec. 857.

Sec. 3 . Forms

Filing a Rule

Member: M_. Speaker, by direction of the Committee on Rules, I
present a privileged report for filing under the rule.

[[Page 875]]

Speaker: The Clerk will report the title of the resolution. [After
Clerk reports title.] Referred to the House Calendar and ordered
printed.

Calling Up a Rule

Member: M_. Speaker, by direction of the Committee on Rules, I
call up House Resolution __ and ask for its immediate
consideration.
Speaker: The Clerk will report the resolution. [Unanimous consent
to waive the reading in full is normally not entertained.] The
gentle___ from __ is recognized for one hour.

Calling Up Rule on Same Day It Is Filed

Member: M_. Speaker, by direction of the Committee on Rules, I
present a privileged report.
Speaker: The Clerk will report the title of the resolution. [After
Clerk reports title.] Referred to the House Calendar and ordered
printed.
Member: M_. Speaker, by direction of the Committee on Rules, I
call up House Resolution ------ and ask for its immediate
consideration.
Speaker: The Clerk will report the resolution. [Unanimous consent
to waive the reading in full is normally not entertained.] The
question is, will the House consider the resolution. [If two-thirds
of those voting, a quorum being present, vote in the affirmative.]
Two-thirds of those present having voted in the affirmative, the
resolution shall be considered.

Sec. 4 . Consideration of Special Orders of Business

Debate

Special orders of business reported from the Committee on Rules
are considered in the House under the hour rule. Therefore, a Member
recognized to call up a special order of business by direction of the
Committee on Rules manages one hour of debate. Deschler Ch 21 Sec. 18.
Other Members may be recognized only if yielded time. Deschler Ch 21
Sec. 18.15. It is customary for the Member calling up the resolution
to yield 30 minutes of the hour to a minority member of the Committee
on Rules for purposes of debate only. Deschler Ch 21 Sec. 18.15
(note). The minority member is permitted to yield time in segments to
other Members.
Debate on a special order of business may range to the merits of
the measure to be made in order because the question of consideration
of the bill is involved. However, it should not range to the merits of
a measure not to be considered under that special order of business.
Manual Sec. 948.

Amendments and Divisibility

Under clause 5(b) of rule XVI, a special order of business
resolution is not divisible. Manual Sec. 919. The manager of the
special order of business may offer one or more amendments thereto,
and authorization of the com

[[Page 876]]

mittee is not required. Deschler Ch 21 Sec. 18.23. The resolution is
not otherwise subject to amendment from the floor unless the manager
yields for that purpose or unless the House fails to order the
previous question. Deschler Ch 21 Sec. 18.19.

Dilatory Motions Not Permitted

The question of consideration may not be raised against a report
from the Committee on Rules. 5 Hinds Sec. Sec. 4961, 4962; 8 Cannon
Sec. Sec. 2440, 2441. The clause forbidding dilatory motions has been
construed strictly. 5 Hinds Sec. Sec. 5740-5742. As such, the
following have been excluded:

A motion to commit or recommit after the ordering of the
previous question. 5 Hinds Sec. Sec. 5593-5601; 8 Cannon
Sec. Sec. 2270, 2750, 2753.
An appeal from the Chair's decision not to entertain the
question of consideration or a motion to lay the pending
resolution on the table. 5 Hinds Sec. 5739.
A motion to postpone to a day certain. Manual Sec. 858.
A motion to table an amendment offered by the manager of the
rule. Manual Sec. 858.

A motion to reconsider the vote on the motion for the previous
question on the rule (and on any pending amendment thereto) is not
dilatory and may be laid on the table without carrying with it the
resolution itself. Manual Sec. 858; 5 Hinds Sec. 5739.
In the event that the motion for the previous question is rejected
on a privileged resolution from the Committee on Rules, the provisions
of clause 6(b) prohibiting ``dilatory'' motions no longer strictly
apply. As such, the resolution is subject to proper amendment, further
debate, or a motion to table or refer, subject to being preempted by a
preferential motion offered by another Member. Manual Sec. 858.
Only one motion to adjourn is admissible during the consideration
of a report from the Committee on Rules, and the motion may not be
offered when another Member has the floor. Manual Sec. 858. Where the
House adjourns during the consideration of a report from the Committee
on Rules, further consideration of the report becomes unfinished
business on the following day, and debate resumes from the point where
interrupted. Manual Sec. 858.

Rejection of Motion for Previous Question

In the event that the motion for the previous question is
rejected, the Member who has led the opposition will be recognized for
one hour unless preempted by a preferential motion, such as the motion
to table, which may be offered by any Member. The Member recognized
may yield time, may

[[Page 877]]

offer an amendment to the resolution, and may move the previous
question on the amendment and the resolution. Deschler Ch 21 Sec. 18.

Voting

A special order of business requires a majority vote for adoption.
4 Hinds Sec. 3169. Under clause 8 of rule XX, the Speaker has the
authority to postpone for up to two legislative days a record vote on
the motion for the previous question or on the adoption of a rule.
Manual Sec. 1030; see Voting.

Sec. 5 . Modification of Special Orders of Business

By Resolution

The Committee on Rules may report a privileged resolution
modifying the operation or effect of a previous special order of
business adopted by the House. Such a resolution may provide
additional procedures to govern the further consideration of a measure
already pending in Committee of the Whole and may include limitations
on further debate or amendments. 8 Cannon Sec. 2258; Deschler Ch 21
Sec. Sec. 16.26, 16.27.

By Unanimous Consent in the House

A unanimous-consent request to modify the terms established by a
special order of business providing for the consideration of a measure
in the Committee of the Whole may be made after its adoption by the
House and before completion of consideration of the underlying measure
in the Committee. 99-2, Sept. 24, 1986, p 25890.
A unanimous-consent request may not be entertained in the
Committee of the Whole if the request would materially modify
procedures required by a special order of business adopted by the
House. Such requests must be made in the House. For examples of
requests that may not be entertained in the Committee of the Whole,
see Committees of the Whole; Manual Sec. 993.
Although the House may alter the terms of an adopted special order
of business to make an additional amendment in order in the Committee
of the Whole, the Chair may decline to entertain a unanimous-consent
request to admit an additional nongermane amendment unless assured the
request has been cleared. This practice is consistent with the
Speaker's announced policy of conferring recognition for unanimous-
consent requests for the consideration of unreported bills and
resolutions only when assured that the majority and minority floor and
committee leaderships have no objection. Manual Sec. Sec. 857, 956.

[[Page 878]]

The Member offering an amendment in the Committee of the Whole
pursuant to a special order of the House has the burden of proving
that it meets the description of the amendment made in order. Manual
Sec. 993.

By Unanimous Consent in the Committee of the Whole

The chair of the Committee of the Whole may entertain a unanimous-
consent request to modify a special order of business if the request
proposes merely an incidental or minor change to the special order.
For examples of unanimous-consent requests have been entertained in
Committee of the Whole, see Committees of the Whole; Manual Sec. 993.
By unanimous consent the House may delegate to the Committee of
the Whole authority to entertain unanimous-consent requests to change
procedures contained in an adopted special order of business. Manual
Sec. 993.

Sec. 6 . Procedures Prescribed by Special Orders of Business

In recent Congresses, special orders of business have provided for
the consideration of amendments in a variety of ways, from ``open''
rules (which are silent on the amendment structure) to ``closed''
(which preclude all amendments). In between these two extremes,
special orders of business have:

Specified consideration that is open in part and restricted in
part. 106-1, Aug. 4, 1999, p 19460.
Permitted only specified amendments. 107-1, Aug. 1, 2001, p
15414.
Required first-degree amendments to be printed in the
Congressional Record. 107-1, July 19, 2001, p 13870.
Specified that certain amendments be ``considered as
adopted,'' often referred to as ``self-executed.'' 107-1, Aug.
1, 2001, p 15414.
Authorized the floor manager to offer en bloc amendments
consisting of the text of other amendments made in order. 107-
1, Sept. 19, 2001, p 17221.
Left the amendment process open only for a specified period of
time. 106-2, May 10, 2000, p 7481.

Although the Committee on Rules may announce a policy that it
intends to make in order only preprinted amendments, the committee may
in fact, without violating a rule of the House, report a special order
of business making in order an unprinted amendment. Manual Sec. 857.
An amendment may be ``self-executed'' by adoption of a special
order of business even if, considered separately, it would violate a
rule of the

[[Page 879]]

House. For example, a special order may ``self-execute'' an amendment
that contains:

An appropriation in violation of clause 4 of rule XXI. Manual
Sec. 855.
An appropriation in violation of clause 2 of rule XXI. Manual
Sec. 855.
Nongermane provisions in violation of clause 7 of rule XVI.
Manual Sec. 855.

Normally, a rule that precludes any amendment, or permits only one
amendment, provides for the consideration of the measure in the House.
A rule that permits more than one amendment normally provides for
consideration in the Committee of the Whole.
One procedure involving the consideration of amendments is called
``king of the hill.'' Although regular order does not permit further
amendments to a text once it has been amended in its entirety, a
``king of the hill'' rule permits several substitute amendments to be
voted on in the Committee of the Whole, with only the last one adopted
to be considered as finally adopted and reported to the House. The
Committee on Rules also has reported a special order of business
providing for a variation of that procedure. This procedure permits
consideration of conflicting amendments in a series, with only the one
winning the most votes being finally voted on in the House.
Special orders of business often make in order as original text
something other than the text of the introduced measure. For example,
the base text may be specified to be:

A substitute reported by the committee of jurisdiction (the
most common text made in order). 107-1, May 10, 2001, p 7772.
A substitute reported by the committee of primary jurisdiction
modified by amendments reported by a committee of secondary
jurisdiction. 107-2, Apr. 10, 2002, p 4140.
The text of another introduced bill or a specified preprinted
amendment (such as in the report accompanying the special order
of business). 107-1, Oct. 3, 2001, p 18585.
An amendment first adopted in the Committee of the Whole. 104-
1, Aug. 2, 1995, p 21678.
Introduced text as modified by amendments printed in the
report accompanying the special order of business. 107-1, Dec.
6, 2001, p 24143.
A ``committee print'' representing reported text not yet
available as a Union Calendar print. 109-1, Sept. 29, 2005, p
21777.

The Committee on Rules may report resolutions that provide special
procedures to expedite consideration or accomplish specific results.
For example, a resolution may authorize priority in recognition for
the offering of amendments to Members who had their amendments
preprinted in the Congressional Record.

[[Page 881]]

CHAPTER 53
SUSPENSION OF RULES

HOUSE PRACTICE

Sec. 1. Generally; Motions to Suspend
Sec. 2. Uses of the Motion
Sec. 3. Rules Suspended by Adoption of Motion
Sec. 4. When Motion Is In Order; Notice
Sec. 5. Precedence of Motion; Application of Other Motions
Sec. 6. Offering of Motion; Recognition
Sec. 7. Consideration and Debate
Sec. 8. Amendments
Sec. 9. Withdrawal of Motion
Sec. 10. Voting on Motion
Research References
5 Hinds Sec. Sec. 6790-6862
8 Cannon Sec. Sec. 3397-3426
Deschler Ch 21 Sec. Sec. 9-15
Manual Sec. Sec. 885-891

Sec. 1 . Generally; Motions to Suspend

In General

A motion to suspend the rules is authorized by clause 1 of rule
XV, adopted in its original form in 1822. Manual Sec. 885. The
privileged motion is in order only on the days specified by the rule
or by special order of the House. Sec. Sec. 4, 5, infra. Recognition
for the motion is at the discretion of the Speaker. Sec. 6, infra. It
is debatable for 40 minutes, is not amendable, and requires a two-
thirds vote for adoption. Sec. Sec. 7, 8, 10, infra.

Effect of Rejection of the Motion

Rejection of a motion that the House suspend the rules and pass a
bill does not constitute a rejection of the bill. The Speaker may
schedule it again under suspension of rules. 107-2, July 15, 2002,
July 23, 2002, pp 12832, 13949. The Committee on Rules may report a
resolution authorizing the consideration of such bill. 8 Cannon
Sec. 3392; Deschler Ch 21 Sec. 15.8.

[[Page 882]]

Sec. 2 . Uses of the Motion

In General

In the early practice, the motion to suspend the rules was used
only to enable a matter to be taken up. Manual Sec. 886; 5 Hinds
Sec. Sec. 6852, 6853. Under the modern practice, it is possible by one
motion both to bring a matter before the House and to pass it. The
proponent moves ``that the House suspend the rules and pass the
bill.'' Manual Sec. 886a; 5 Hinds Sec. Sec. 6846, 6847. In this form,
all rules that ordinarily would impede an immediate vote on passage of
a measure are set aside. The underlying bill is passed without the
intervention of questions such as ordering the previous question,
third reading, recommittal, or division of the question. Sec. 5,
infra.
A motion to suspend the rules may provide for passage of an
unreported bill. 5 Hinds Sec. 6850. Indeed, the motion to suspend may
provide for a series of procedural steps, such as the reconsideration
of the vote passing a bill, the amendment of the bill, and its passage
again. 5 Hinds Sec. 6849. Forms for offering motion, see Sec. 6,
infra.

To Pass Legislative Measures

Under the modern practice, the motion to suspend the rules is used
frequently to pass legislative measures that are perceived to have a
broad degree of support and little need for prolonged debate. It also
is available to bring before the House bills that would otherwise be
subject to a point of order. 8 Cannon Sec. 3424; Deschler Ch 21
Sec. 9. The motion may provide for the passage of a bill, even if the
bill has not been reported or referred to any calendar or previously
introduced. Manual Sec. 886; 8 Cannon Sec. 3421. Following are some
examples of measures considered under suspension of the rules:

An amendment to the Constitution (both the motion and the
amendment requiring a two-thirds vote). Deschler Ch 21
Sec. 9.21.
A bill or resolution submitted from the floor and not
considered by a committee. Deschler Ch 21 Sec. 9.19.
A bill that is pending before a committee but that has not
been reported. Deschler Ch 21 Sec. 9.
A Senate bill. Deschler Ch 21 Sec. 9.3.
An amendment to a Senate bill and a motion to insist on the
House amendment and request a conference. 103-2, Mar. 24, 1994,
p 6515.
A resolution to disagree to a Senate amendment to a House
joint resolution and agree to a request for a conference.
Deschler Ch 21 Sec. 9.13.
A conference report. 8 Cannon Sec. Sec. 3406, 3423.
A motion to recommit a conference report. Deschler Ch 21
Sec. 9.5.
A motion to agree to Senate amendments. 8 Cannon Sec. 3425.

[[Page 883]]

A resolution to concur in a Senate amendment to a House bill
with a further House amendment. Manual Sec. 886.
A motion to reconsider the vote by which a bill passed, amend
the bill, and pass the bill again. 5 Hinds Sec. 6849.
A motion to take a measure from the table. 5 Hinds
Sec. Sec. 5640, 6288.
A bill consisting of the text of two bills previously passed
by the House. Manual Sec. 886.

To Provide Special Orders of Business

In the early practice of the House, the motion to suspend the
rules was used frequently to adopt special orders of business. 5 Hinds
Sec. 6820 (note). Today, special orders of business usually are
adopted by a simple majority vote of the House on a report from the
Committee on Rules. 4 Hinds Sec. 3169; 5 Hinds Sec. 6790. Special
orders of business also are often adopted by unanimous consent. See
Unanimous-Consent Agreements. However, motions to suspend the rules
still may be used to consider, for example, the following:

A request to repeal or change a rule of the House. 5 Hinds
Sec. 6862.
A request to permit several bills to be reported. 5 Hinds
Sec. 6857.
A resolution extending the time for debate on a motion.
Deschler Ch 21 Sec. 9.18.

Sec. 3 . Rules Suspended by Adoption of Motion

In General

If not otherwise qualified or if not specifically prohibited by
House rule, a motion to suspend the rules suspends all rules,
including the standing rules of the House, the unwritten law and
practice of the House, and the parliamentary rules stated in
Jefferson's Manual. 5 Hinds Sec. 6796; 8 Cannon Sec. 3406. No points
of order against the consideration of the bill may be raised, such as
points of order based on defects in reporting the bill (such as the
lack of quorum when reporting), Ramseyer rule violations, or the like.
Deschler Ch 21 Sec. Sec. 9.7-9.12; Manual Sec. 886.

Rules Not Subject to Suspension

Certain rules are not subject to suspension. 5 Hinds
Sec. Sec. 7270, 7283, 7285. Among these rules are:

The rule relating to the use of the Hall of the House. Manual
Sec. 677.
The rule relating to the privileges of the floor. Manual
Sec. 678.
The rule prohibiting the introduction of occupants of the
gallery. Manual Sec. 966.

[[Page 884]]

Sec. 4 . When Motion Is In Order; Notice

Under clause 1 of rule XV, the motion to suspend the rules is in
order only on the calendar days of Monday, Tuesday, and Wednesday and
during the last six days of a session. Manual Sec. 885. However, the
Speaker may be authorized to recognize for motions to suspend the
rules on other days by unanimous consent or by special order of
business. Manual Sec. 887; Deschler Ch 21 Sec. Sec. 10.2, 10.3. The
``last six days'' are not applicable until both Houses have agreed to
a concurrent resolution establishing a date for sine die adjournment
(or until the final six days of a session under the Constitution).
Deschler Ch 21 Sec. 10.9.

Notice Requirements

The rules of the House require no advance notice to Members of
bills called up under suspension. Manual Sec. 886. Copies of reports
on bills considered under suspension are not required to be available
in advance. Manual Sec. 886. However, most bills considered in the
House pursuant to a motion to suspend the rules are on a list
maintained by the leadership that identifies those bills on which
motions to suspend will be entertained by the Speaker on a given day.
This informal list is maintained to give notice to the Members, and
ordinarily only such bills as have been cleared with the leadership
through this procedure are brought up under suspension. Deschler Ch 21
Sec. 9. A special order of business providing an additional day for
the consideration of motions to suspend the rules may require advance
notice of one hour on the floor. If so, unanimous consent is required
to permit the Chair to entertain the motion prior to that time. Manual
Sec. 886.

Sec. 5 . Precedence of Motion; Application of Other Motions

When the Motion Takes Precedence

The motion to suspend the rules and pass a measure is privileged
in the House if made on a day on which the Speaker is authorized to
recognize for such motions. Manual Sec. 887. Thus the Speaker may
recognize for such a motion notwithstanding the pendency on Monday of
a request for recognition to consider District of Columbia business,
the matters being of equal privilege. Deschler Ch 21 Sec. 10.7.
A motion to suspend the rules may be entertained even where the
yeas and nays have been demanded on another highly privileged motion
or the previous question has been ordered on another matter. 5 Hinds
Sec. Sec. 6827, 6831-6833, 6835; 8 Cannon Sec. 3418.

[[Page 885]]

When Motion Yields

When a question of the privileges of the House (such as an
election contest) is pending, that question takes precedence over a
motion to suspend the rules. 5 Hinds Sec. 6825. Similarly, if a
question concerning the administration of the oath of office of a
Member is pending, a motion to suspend the rules is not in order. 5
Hinds Sec. 6826. The motion also yields to the consideration of a bill
under a special order of business (5 Hinds Sec. 6838), motions from
the Discharge Calendar (7 Cannon Sec. 1018), and the motion to adjourn
(5 Hinds Sec. Sec. 5743-5746). However, pending a motion to suspend
the rules, only one motion to adjourn is in order, unless the failure
of a quorum is demonstrated. 5 Hinds Sec. Sec. 5744, 5746; 8 Cannon
Sec. 2823; Deschler Ch 21 Sec. 13.16. Because a resolution raising a
question of the privileges of the House takes precedence over a motion
to suspend the rules, such resolution may be offered between motions
to suspend the rules on which the Speaker has postponed record votes.
Manual Sec. 709.
Because two motions to suspend the rules cannot be pending at the
same time, a pending motion must be disposed of before another one may
be entertained by the Chair. 5 Hinds Sec. 6814, 6837.

Application of Other Motions

Many motions that commonly are offered during the consideration of
a measure are inapplicable to the motion to suspend. The motion to
suspend may not be tabled (5 Hinds Sec. 5406), postponed by motion (5
Hinds Sec. 5322), recommitted (5 Hinds Sec. 6860), or divided for a
vote (5 Hinds Sec. Sec. 6141-6143, 6860). The motion to amend may not
be applied to a motion to suspend the rules. 5 Hinds Sec. 5405. The
motion for the previous question is not applicable to a proposition
being considered under suspension. Deschler Ch 21 Sec. 13.17.
The motion to reconsider may not be applied to a negative vote on
the motion to suspend. Manual Sec. 886a; 5 Hinds Sec. 5645; 8 Cannon
Sec. 2781.

Sec. 6 . Offering of Motion; Recognition

The Speaker's Discretion

On suspension days, recognition for a motion to suspend the rules
lies entirely within the discretion of the Speaker. 5 Hinds
Sec. Sec. 6791-6794; 8 Cannon Sec. Sec. 3402-3404; Deschler Ch 21
Sec. Sec. 11.4-11.6. The Speaker has the discretion to recognize for a
motion to suspend the rules on a bill even though the House previously
has rejected a similar motion on the same bill. 103-2, Oct. 4, 1994,
pp 27663, 27754.

[[Page 886]]

Measures called up under suspension normally are cleared with the
leadership, and the Speaker may decline recognition for a motion that
does not comply with this practice. Deschler Ch 21 Sec. 11.6. However,
the Speaker has the discretion to recognize for a motion to suspend
the rules and pass legislation that has not been scheduled in advance.
Deschler Ch 21 Sec. 9.22; Sec. 4, supra.
Before 1991 the motion to suspend the rules required a second, so
that the House, without debate, could decline to entertain the motion.
A second usually was considered ordered by unanimous consent. However,
if challenged, the question was resolved by a vote with tellers.
Manual Sec. 889.
The Speaker ordinarily extends recognition to the chair or other
member of the committee having jurisdiction over the subject matter of
the proposition and not to the original sponsor of the measure.
Deschler Ch 21 Sec. Sec. 11.10-11.13. The Chair does not require that
the motion be authorized by the committee. Deschler Ch 21 Sec. 11.11.

Forms

M_. Speaker, I move that the House suspend the rules and pass the
bill, H.R. _____ [as amended].

Note: The title of the bill is read by the Clerk; the Member's
motion need not recite the title.

M_. Speaker, I move that the House suspend the rules and agree to
House Resolution _____ [as amended].
M_. Speaker, I move that the House suspend the rules and concur in
the Senate amendment to the bill H.R. _____.
M_. Speaker, I move that the House suspend the rules and adopt [or
recommit] the conference report on H.R. _____.
M_. Speaker, I move that the House suspend the rules and agree to
the resolution I send to the desk.

Sec. 7 . Consideration and Debate

Reading Requirements

Under the early practice, it was held that the motion to suspend
the rules did not dispense with the reading of the bill thereby called
up for consideration. 5 Hinds Sec. 5277; 8 Cannon Sec. 3400. However,
under the modern practice, the motion itself is offered by the
proponent and the title is read by the clerk. Other reading
requirements are deemed waived. Manual Sec. 886; Deschler Ch 21
Sec. 14.4.

Debate

Under clause 1(c) of rule XV, motions to suspend the rules are
debatable for 40 minutes, equally divided between the proponent of the
motion

[[Page 887]]

and an opponent. Manual Sec. 891. This is so, even though the
proposition presented is itself not otherwise debatable. 5 Hinds
Sec. 6822. In the case that the mover is opposed to the bill, a Member
in favor may be recognized for debate. 8 Cannon Sec. 3416. A Member
rising to claim the time in opposition may be challenged by another
Member:

Member: Is the gentle___ seeking recognition opposed to the
motion? If not, I demand the time in opposition.

Following are the priorities in recognition for control of time in
opposition to a motion to suspend the rules:

Opponents have priority.
Among opponents, members of the committee of jurisdiction have
priority.
Among committee members opposed, minority members have
priority in order of full-committee seniority.

5 Hinds Sec. 6802; 8 Cannon Sec. 3415. The Chair will not examine the
degree of a Member's opposition to the motion. Manual Sec. 891.

The allocation of the time is within the discretion of the Members
controlling it. Deschler Ch 21 Sec. 13.10. Alternation of recognition
between Members on both sides of the aisle is not required. 2 Hinds
Sec. 1442; Deschler Ch 21 Sec. 13.9. No Member may speak in debate on
the motion unless yielded time by a Member in control of the time.
Deschler Ch 21 Sec. 13.7. Time yielded to a Member may not be reserved
or yielded to a third Member. Deschler Ch 21 Sec. 13.5.
The proponent of the motion is entitled to open and close debate
in favor of the motion. Deschler Ch 21 Sec. Sec. 13.13, 13.14.
Debate should be confined to the object of the motion and may not
range to the merits of a bill not scheduled for suspension on that
day. Manual Sec. 948.
The House may by unanimous consent or resolution alter the normal
procedure for debate on the motion. In so doing, the House may extend
the time for debate or designate the Members to control the time. 8
Cannon Sec. 3414; Deschler Ch 21 Sec. Sec. 13.3, 13.18. If time is
extended by unanimous consent, the Chair may divide that time equally
between the proponent and the opponent. 8 Cannon Sec. 3415.

Sec. 8 . Amendments

Amendments from the floor are not in order to propositions being
considered under suspension of the rules. 5 Hinds Sec. Sec. 5405,
6858, 6859; Deschler Ch 21 Sec. 14.8. Only those amendments included
in the motion to suspend are in order, and the Member offering the
motion may not yield to other Members for further amendment. Deschler
Ch 21 Sec. 14.6. This prohibition

[[Page 888]]

against offering amendments applies to pro forma amendments and to
motions to strike the enacting clause. Deschler Ch 21 Sec. Sec. 14.11,
14.12. After a motion to suspend the rules and pass a bill has been
offered, it may be amended either by withdrawing the motion and
reoffering it in new form; or the manager of the motion may modify it
by unanimous consent. Deschler Ch 21 Sec. 14.3; 107-1, Dec. 5, 2001, p
24039.
The bill and any proposed amendments in the motion are reported
(usually by title only) and considered as one entity and are printed
in the Congressional Record in full. Amendments are not voted on
separately. Deschler Ch 21 Sec. Sec. 14.4, 15.5. Committee approval of
such amendments is not required. Manual Sec. 886; Deschler Ch 21
Sec. 14.2.

Sec. 9 . Withdrawal of Motion

A motion to suspend the rules may be withdrawn at any time before
the Chair puts the question and a voice vote is taken thereon. 5 Hinds
Sec. Sec. 6840, 6844; 8 Cannon Sec. Sec. 3405, 3419. The motion may be
withdrawn by unanimous consent, even after the Speaker has put the
question on its adoption and postponed further proceedings. Deschler
Ch 21 Sec. 13.23.

Sec. 10 . Voting on Motion

In General

Clause 1(a) of rule XV requires a two-thirds vote for the adoption
of a motion to suspend the rules. Manual Sec. 885. That requirement is
construed as two-thirds of the Members present and voting for or
against the motion (votes of those ``present'' are not counted except
to establish the required quorum). Deschler Ch 21 Sec. 15.2 (note).
The motion to reconsider may not be applied to a negative vote on
the motion because such disposition is not final; that is, an
identical motion may be entertained. Sec. 1, supra. The motion to
reconsider may be applied to an affirmative vote on the motion. Manual
Sec. 886.

Postponing Votes

A record vote on a motion to suspend the rules may be postponed by
the Speaker under the conditions specified by clause 8 of rule XX.
Under this rule, the Speaker may postpone such a vote to a designated
time or place in the legislative schedule within two legislative days.
The Chair's customary announcement of an intent to postpone, which is
made before consideration of a series of motions, is not a necessary
prerequisite to the postponement authority. Manual Sec. 1030. At the
designated time, the Speaker

[[Page 889]]

puts the question on each motion on which further proceedings have
been postponed. For a discussion of postponing votes generally, see
Voting.
Once the Speaker has postponed record votes to occur at a
designated place in the legislative schedule, the time for such votes
may be redesignated within the appropriate period. Manual Sec. 1030.
Where proceedings are postponed for a de novo vote by voice in
response to a point of no quorum, the point of order of no quorum is
not ripe until the question recurs as unfinished business. 95-1, Sept.
26, 1977, p 30948. It is too late to demand a record vote on the
motion after the Speaker has announced that further proceedings on
that motion have been postponed. The demand is not in order until the
motion is again before the House as unfinished business. 93-2, June
17, 1974, p 19334.

[[Page 891]]

CHAPTER 54
UNANIMOUS-CONSENT AGREEMENTS

HOUSE PRACTICE

Sec. 1. In General; Effect of Agreement
Sec. 2. Recognition of Members for Requests
Sec. 3. Timeliness
Sec. 4. Stating the Request; Withdrawal
Sec. 5. Objecting to the Request
Sec. 6. Reserving Objections
Sec. 7. Particular Uses Relative to Business of the House
Sec. 8. Particular Uses Relative to Business of the Committee of the
Whole
Sec. 9. Limitations on Requests; Grounds for Denial of Recognition
Sec. 10. Modification or Revocation of Agreement
Research References
4 Hinds Sec. Sec. 3058-3060, 3155-3159
7 Cannon Sec. Sec. 758-763
Deschler Ch 23 Sec. Sec. 42-48
Manual Sec. Sec. 872, 950, 956, 993

Sec. 1 . In General; Effect of Agreement

Generally

A request for unanimous consent is in effect a motion to suspend
the order of business temporarily. Granting the request permits some
action that is not in dispute and to which no Member has any
objection. Manual Sec. 872; 4 Hinds Sec. Sec. 3058, 3059; 8 Cannon
Sec. 2794. An objection by any Member terminates the request. Deschler
Ch 23 Sec. 45.6.
The practice in the House of allowing some actions to be taken by
unanimous consent began in the 1830's, when the House, responding to
the increased pressure of legislative activity, unanimously agreed to
a special order of business permitting it to consider a bill which was
not in the regular order of business. 4 Hinds Sec. 3155. This use has
now become commonplace. In the modern practice of the House, many
items of business are considered as a result of unanimous-consent
requests. The device also is used

[[Page 892]]

to facilitate consideration of measures by waiving the reading or
limiting or extending the time for debate. Sec. Sec. 7, 8, infra; see
also Consideration and Debate.

Availability in the Committee of the Whole

Unanimous-consent requests are in order both in the House and, to
a lesser extent, in the Committee of the Whole. For example, the
Committee may by unanimous consent permit the withdrawal of an
amendment under clause 5 of rule XVIII, limit debate other than
general debate set by the House, or provide that a bill be considered
as read and open to amendment unless in conflict with a House order or
special order of business. Manual Sec. 993; 8 Cannon Sec. 2553.
However, unanimous consent may not be requested in the Committee of
the Whole on matters properly addressed only in the House. Manual
Sec. 993; Deschler Ch 23 Sec. Sec. 48.15, 48.16; Sec. 8, infra.

Sec. 2 . Recognition of Members for Requests

Generally; Speaker's Guidelines

The recognition of Members to offer unanimous-consent requests is
in the discretion of the Chair. Deschler Ch 23 Sec. 45.4. A Member
seeking unanimous consent must be recognized by the Chair for a stated
purpose, and a Member so recognized may not seek the further consent
of the House for some other purpose. Thus, a Member may not be
recognized to consider a particular bill where such Member has been
recognized only to speak for one minute. Deschler Ch 23 Sec. 48.3.
The Speaker has announced and enforced a policy of conferring
recognition for unanimous-consent requests for the consideration of
unreported bills and resolutions only when assured that the majority
and minority floor and committee leaderships have no objection. This
policy minimizes attempts to force Members to go on record as
objecting to a variety of unanimous-consent requests. The policy has
been extended to the following:

Requests relating to reported bills.
Requests for immediate consideration of matters (separately
unreported) comprising a portion of a measure already passed by
the House.
Requests to consider a motion to suspend the rules and pass an
unreported bill (on a nonsuspension day).
Requests to permit consideration of (nongermane) amendments to
bills.
Requests to permit expedited consideration of measures on
subsequent days, as by waiving the requirement that a bill be
referred to committee for 30 legislative days before a motion
to discharge may be presented under clause 2 of rule XV.

[[Page 893]]

Requests relating to Senate-passed bills on the Speaker's
table, including one identical to a House-passed bill and a
Senate concurrent resolution to correct an enrollment.
Constituent parts of a single request combining final
disposition of several separate measures.

For further examples, see Manual Sec. 956.

In addition, with respect to unanimous-consent requests to dispose
of Senate amendments to House bills on the Speaker's table, the Chair
will entertain such a request only if made by the chair of the
committee with jurisdiction, or by another committee member authorized
to make the request. Manual Sec. 956; Deschler Ch 21 Sec. 1.23.
The Speaker's enforcement of this policy of recognition is not
subject to appeal. ``Floor leadership'' in this context has been
construed to apply only to the Minority Leader and not to the entire
hierarchy of minority leadership, where the Chair had been assured
that the Minority Leader had given consent.
It is not a proper parliamentary inquiry to ask the Chair to
indicate which side of the aisle has failed under the Speaker's
guidelines to clear a unanimous-consent request, but the Chair may
indicate the absence of such clearance for the Congressional Record.
For a discussion of recognition for unanimous-consent requests to
vary procedures in the Committee of the Whole governed by a special
order of business adopted by the House, see Manual Sec. 993; Sec. 8,
infra.

Sec. 3 . Timeliness

Unanimous-consent requests must be timely. Deschler Ch 23
Sec. 45.4. They cannot be entertained:

In the House after the House has voted to go into the
Committee of the Whole. 4 Hinds Sec. 4727.
When the absence of a quorum has been announced in the House.
6 Cannon Sec. Sec. 660, 686, 689.
During proceedings incident to securing a quorum of the
Committee of the Whole. 8 Cannon Sec. 2379.
During the pendency of a unanimous-consent request by another
Member. Deschler Ch 23 Sec. 48.1.

An objection to a unanimous-consent request must be timely. It is
ordinarily too late to object to a unanimous-consent request after the
Chair has asked if there is objection and has announced that the Chair
hears none. Deschler Ch 23 Sec. 45.3. Thus, when unanimous consent has
been given for the consideration of a bill, amendments may be offered
and may not be prevented by a subsequent objection of a Member. 5
Hinds Sec. 5782.

[[Page 894]]

Sec. 4 . Stating the Request; Withdrawal

A Member seeking the unanimous consent of the House on some matter
should rise and address the Chair. The Chair may decline to entertain
a request that includes alternatives (6 Cannon Sec. 709; Deschler Ch
23 Sec. 43.2) or includes a request made contingent upon another (6
Cannon Sec. 709).
It is the Speaker's statement of the request as put to the House
that is controlling, and the Speaker may refuse to recognize an
objection to the request made before such statement of the request.
Deschler Ch 23 Sec. Sec. 43.1, 45.2.
A Member may withdraw a unanimous-consent request at any time
before House action thereon, and unanimous consent to do so is not
required. Deschler Ch 23 Sec. 43.4.

Sec. 5 . Objecting to the Request

Generally

An objection to a unanimous-consent request terminates the
request, even if the objecting Member attempts to subsequently
withdraw the objection. Deschler Ch 23 Sec. 45.6. Because a request
for unanimous consent is in effect a request to suspend the order of
business temporarily, a demand for the ``regular order'' may be made
at any time while the request is being stated and requires the request
to be disposed of immediately. Manual Sec. 381; 4 Hinds Sec. 3058.
An objection to a unanimous-consent request may be made by any
Member, including the Speaker or the chair of the Committee of the
Whole. 8 Cannon Sec. 3383; Deschler Ch 23 Sec. Sec. 42, 45.5. A
Delegate may also object. Manual Sec. 675; 6 Cannon Sec. 241.
When objecting to a unanimous-consent request, a Member must rise
and be identified for the Congressional Record. Manual Sec. 872; 2
Hinds Sec. 1137. If the Chair repeats the request, the objection is
properly made to the request as put by the Chair, not as put by the
Member making the request. Deschler Ch 23 Sec. 45.2.

Sec. 6 . Reserving Objections

A Member may reserve the right to object to a unanimous-consent
request and by so doing obtain the floor. Deschler Ch 23 Sec. 42. A
Member reserving the right to object to a unanimous-consent request
holds the floor under that reservation subject to a demand for the
regular order by any Member or by the Chair. Deschler Ch 23 Sec. 46.6.
A Member controlling the floor under a reservation of the right to
object loses the floor if the request

[[Page 895]]

is withdrawn or if the regular order is demanded. 6 Cannon
Sec. Sec. 287, 288; Deschler Ch 23 Sec. Sec. 46.3, 46.4. If the
regular order is demanded by a Member standing, the reserving Member
must either object or withdraw the reservation. Deschler Ch 23
Sec. 46.6.

Sec. 7 . Particular Uses Relative to Business of the House

The unanimous-consent procedure is commonly used to change the
regular order or waive the application of a particular rule. Under
this practice, the House may waive the requirement of a rule unless
the rule in question specifies that it is not subject to waiver, even
by unanimous consent. Deschler Ch 23 Sec. 42. The unanimous-consent
procedure is applied across a wide range of House business.

Unanimous-Consent Requests Involving Consideration or Adoption or
Passage of a Measure

Unanimous consent may be used to provide for the consideration of
a measure in the House, to vary the consideration of a measure in the
House that is being considered under the general rules of the House or
under an existing special order of business, or to adopt or pass a
measure. For example, unanimous-consent requests may be used as
follows:

To consider a nonprivileged measure. Deschler Ch 23 Sec. 47.4.
To consider a bill under the general rules of the House.
Deschler-Brown Ch 29 Sec. 3.4.

Note: If on the Union Calendar, the bill will then normally be
considered in the Committee of the Whole. However, the bill may be
called up pursuant to the agreement and then by unanimous consent
considered in the House as in the Committee of the Whole. 4 Hinds
Sec. 4923.

To provide a special order for the consideration of certain
business (such as motions to suspend the rules on a day not set
aside for suspensions). 4 Hinds Sec. Sec. 3165, 3166; 7 Cannon
Sec. Sec. 758-760.
To alter the terms of a special order of business. 7 Cannon
Sec. 763.
To transact other business on a day set apart for a special
purpose. 5 Hinds Sec. 7246.
To agree to transact no business during a stated period. 7
Cannon Sec. Sec. 760, 761.
To take from the Speaker's table a House bill with a Senate
amendment and to consider such an amendment in the House.
Manual Sec. 528a.
To permit the House to recede from its own amendment to a
Senate amendment before the stage of disagreement. 89-2, Apr.
18, 1966, p 8207.
To permit consideration in the House on any subsequent day of
a bill to be introduced by the chair of the Committee on
Appropriations. 97-2, June 23, 1982, p 14989.

[[Page 896]]

To waive all points of order against consideration in the
House of an unreported joint resolution providing further
continuing appropriations for the current fiscal year, consider
it as read for amendment, close it to amendment by ordering the
previous question to passage without intervening motion except
debate and one motion to recommit. 107-2, Sept. 26, 2002, p
18146.
To discharge the Committee of the Whole from further
consideration of a bill being read for amendment under a
special order of business, and provide that certain amendments
be considered as agreed to. 98-1, Nov. 18, 1983, p 34160.
To consider a measure on the Union Calendar in the House by
waiving all points of order against consideration, self-execute
a compromise substitute in lieu of the committee amendments,
and close the measure to amendment by ordering the previous
question on the bill, as amended, to passage without
intervening motion except debate and one motion to recommit
with or without instructions. 106-2, Apr. 13, 2000, p 5566.
To adopt or pass, in a single request, several measures,
including any amendments thereto. See, e.g., 107-2, Nov. 14,
2002, p 22513.
To enlarge the time for debate on a motion to suspend the
rules. 8 Cannon Sec. 3414.
To specify the time at which a measure is to be called up--
either immediately or on a subsequent day. 106-1, July 22,
1999, p 17309.

Unanimous-Consent Requests to Effect a Variety of Business of the
House

In addition to facilitating consideration of legislative matters,
unanimous-consent requests may used be as follows:

To swear in a Member-elect pending arrival of the requisite
credentials. 6 Cannon Sec. 12.
To refer a bill for the payment of a private claim against the
government to a committee other than the Judiciary or Foreign
Affairs. Clause 2(d) of rule XII.
To correct a reference to committee. Manual Sec. 714.
To permit a committee additional time to file a report. 8
Cannon Sec. 2783.
To insert extraneous material in the Congressional Record or
to permit Members to revise and extend their remarks or to
vacate such permission. 5 Hinds Sec. 6990; Deschler Ch 23
Sec. 47.11.
To postpone consideration of a measure, such as a resolution
from the Committee on Rules, or to postpone certain votes
thereon. Deschler Ch 23 Sec. 47.8.
To entertain a proposition for a recess. 8 Cannon Sec. 3357.

Note: Clause 12 of rule I permits the Speaker, without unanimous
consent, to declare a ``short'' recess when no

[[Page 897]]

business is pending or an ``emergency'' recess when notified of an
imminent threat.

To suspend the order of business to permit the House to vacate
an action taken on a bill. 6 Cannon Sec. 711.
To withdraw papers accompanying bills after they have been
submitted to the House. 5 Hinds Sec. 7259.
To file a report while the House is not in session. 8 Cannon
Sec. 2252.
To withdraw a report from a standing committee. 8 Cannon
Sec. 2312.
To allow a Member to proceed in order after the Chair has
ruled words out of order. Manual Sec. 961.
To change unparliamentary words spoken in debate or to
withdraw or delete such words from the Congressional Record. 8
Cannon Sec. Sec. 2538, 2540; Deschler Ch 23 Sec. Sec. 47.9,
47.10.
To address the House for one minute before offering a motion.
Deschler Ch 23 Sec. 47.7.

Sec. 8 . Particular Uses Relative to Business of the Committee of the
Whole

Unanimous-consent requests are frequently used in the House and in
the Committee of the Whole to vary the rules governing consideration
of a measure. However, the Committee of the Whole may by unanimous
consent permit only minor variances from a special order of business
adopted by the House. The variances must be congruent with the special
order of business governing consideration of the measure in the
Committee of the Whole. Manual Sec. 993.
The following unanimous-consent requests may be considered in the
Committee of the Whole:

To dispense with the first reading of a bill. 8 Cannon
Sec. 2436.
To dispense with the reading of an amendment. Deschler Ch 23
Sec. 47.2.
To withdraw a pending amendment. Clause 5 of rule XVIII;
Manual Sec. 978.
To return to a portion of a bill passed in the reading for
amendment. 8 Cannon Sec. 2929.
To permit a supporter of an amendment to claim debate time
allocated by special order of business to an opponent, where no
opponent seeks recognition. Manual Sec. 993.
To shorten the time set by a special order of business for
debate on a particular amendment. Manual Sec. 993.
To lengthen the time set by a special order of business for
debate on a particular amendment under terms of control
congruent with those set by the order of the House. Manual
Sec. 993.
To permit one of two committees controlling time for general
debate pursuant to a special order of business to yield control
of its time to the other. Manual Sec. 993.

[[Page 898]]

To permit the offering of pro forma amendments for the purpose
of debate under a ``modified-closed'' special order of business
limiting both amendments and debate thereon but not
specifically preempting pro forma amendments. Manual Sec. 993.
To close debate on titles of a bill that have not been read.
Deschler Ch 23 Sec. 47.1.
To close or limit debate under the five-minute rule and to
modify that time limit. Manual Sec. 987.
To permit the reading of an amendment considered as read by
special order of business. Manual Sec. 993.

The following unanimous-consent requests are not in order in the
Committee of the Whole:

To change the scheme for control or duration of general debate
specified by the House (except to allow transfers of time among
committees allotted time by the House). Manual Sec. 993.
To entertain a motion to reconsider. Deschler Ch 23
Sec. 39.12.
To excuse a Member from voting in the Committee of the Whole.
Deschler-Brown Ch 30 Sec. 3.3.
To permit an amendment to be offered to the underlying bill
where a special order of business permitted its consideration
only as a perfecting amendment to a committee amendment. Manual
Sec. 993.
To permit a substitute to be read for amendment by section
where the special order of business did not so provide. Manual
Sec. 993.
To restrict ``en blocking'' authority granted in a special
order of business. Manual Sec. 993.
To preempt the Chair's discretion under clause 6 of rule XVIII
to postpone and cluster votes or to schedule further
consideration of a pending measure to a subsequent day. Manual
Sec. 993.
To postpone a vote on an appeal of a ruling of the Chair.
Manual Sec. 993.
To permit an amendment to an amendment rendered unamendable by
a special order of business or to permit an amendment to an
amendment already adopted. Manual Sec. 993.
To permit consideration of an amendment out of the order
specified in a special order of business. Manual Sec. 993.
To permit consideration of an additional amendment or to
authorize a supplemental report from the Committee on Rules in
lieu of the original report referred to in the special order of
business. Manual Sec. 993.
To permit another to offer an amendment where the special
order of business vested the authority to offer such amendment
in a specified Member. Manual Sec. 993.
To permit a division of the question on an amendment rendered
indivisible by a special order of business. Manual Sec. 993.

[[Page 899]]

To extend the time limitation for consideration of amendments
beyond that set by a special order of business requiring the
Chair to put the question on the pending amendments at the
expiration of certain hours of consideration. Manual Sec. 993.
To prohibit the offering of an amendment otherwise in order.
Manual Sec. 980.

Sec. 9 . Limitations on Requests; Grounds for Denial of Recognition

It cannot be assumed that the House has authority to waive any
rule by unanimous consent. Sometimes the rule itself contains a
specific provision that cannot be suspended by unanimous consent. The
rules specifically prohibit the use of the unanimous-consent procedure
as follows:

To permit unauthorized persons to be admitted to the House
floor. Clause 2 of rule IV.
To bring to the attention of the House an occupant of the
galleries. Clause 7 of rule XVII.
To delete the name of the first sponsor of a bill or
resolution. Clause 7(b)(2) of rule XII.

In addition, there are many rules that are not subject to waiver
by unanimous consent under the practice of the House. Deschler-Brown
Ch 29 Sec. 11.1. For example, the following unanimous-consent requests
are not in order in the House:

To permit Members to record their votes after the announcement
of the result. Deschler-Brown Ch 30 Sec. 36.1.
To extend a special-order speech beyond the cut-off time
specified in the Speaker's announced policies. Manual Sec. 950.
To permit a Member to give a second one-minute speech. Manual
Sec. 950.
To revise and extend arguments in the Congressional Record on
points of order (it being essential that the Chair's ruling be
responsive to arguments actually made). Manual Sec. 628.
To insert in the Congressional Record a colloquy between
Members that did not actually occur. Manual Sec. 692.

Requests Denied Recognition at the Speaker's Discretion

The Speaker may decline to recognize for a unanimous-consent
request that is improper or inappropriate under the particular
circumstances, as where proper notice cannot be given to interested
Members. Deschler Ch 23 Sec. 48.2. The Speaker may do so by exercising
the discretionary power of

[[Page 900]]

recognition. Deschler Ch 23 Sec. 42. Thus the Speaker may decline to
recognize for a unanimous-consent request:

To permit a Member to address the House on a private bill
being considered on the Private Calendar (proceedings which
normally preclude debate). Deschler Ch 23 Sec. 48.8.
To permit the House to rerefer a bill to a committee whose
chair has not been consulted on the matter. Deschler Ch 23
Sec. 48.5.
To consider a measure after the Members have been informed
that there will be no further legislative business for the day.
Deschler Ch 23 Sec. Sec. 48.6, 48.7.
To reduce to five minutes the time for the first vote in a
series of postponed votes, because the bell and light system
would not give adequate notice of the initial five-minute vote.
Manual Sec. 1030.
To direct the clerk of a committee, without its approval, to
remove from committee offices certain documents and bring such
documents to the well of the House Deschler Ch 23 Sec. 48.4.

For a discussion of the Speaker's guidelines for conferring
recognition for unanimous-consent requests for the consideration of
certain measures, see Sec. 2, supra.

Sec. 10 . Modification or Revocation of Agreement

An agreement entered into by unanimous consent may be modified or
vacated by unanimous consent at the pleasure of the House. 7 Cannon
Sec. 946. Thus, by unanimous consent, the House may vacate a previous
unanimous-consent agreement permitting all Members to revise and
extend their remarks on a particular measure. 98-1, Nov. 15, 1983, p
32746. A unanimous-consent agreement also may be revoked pursuant to a
majority vote on a resolution reported from the Committee on Rules as
to the order of business. 8 Cannon Sec. 3390.
The Speaker will not entertain a unanimous-consent request to
preclude recognition for consideration of a certain matter. Agreement
to such a request would render the restriction an order of the House.
The Speaker prefers to retain the scheduling of legislation as the
prerogative of the majority leadership, subject to the Speaker's
guidelines for unanimous-consent requests as discussed in section 2,
supra.

[[Page 901]]

CHAPTER 55
UNFINISHED BUSINESS

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Business Unfinished at Adjournment
Sec. 3. -- Where Previous Question Ordered
Sec. 4. -- On Days Designated for Special Classes of Business
Sec. 5. Voting as Unfinished Business
Sec. 6. Business Postponed to a Day Certain
Sec. 7. In Committee of the Whole
Research References
4 Hinds Sec. Sec. 3112-3114, 4735, 4736
6 Cannon Sec. Sec. 740, 741
Deschler Ch 21 Sec. 3
Manual Sec. Sec. 869, 876-879

Sec. 1 . In General

Unfinished business is business that was carried over from a
previous day and is in order immediately after disposition of business
on the Speaker's table under clauses 1 and 2 of rule XIV, which set
forth the daily order of business in the House. Manual Sec. Sec. 869,
873. The resumption of unfinished business under clause 3 may be
preempted by business of higher privilege, such as a motion to
discharge on a discharge day. Deschler Ch 21 Sec. 3. Unfinished
business may not be called up under clause 1 of rule XIV if the order
of business under that rule has been supplanted, as it always is. See
Order of Business; Privileged Business.
The Speaker has the discretionary authority under clause 8 of rule
XX to postpone certain questions and to ``cluster'' them for voting at
a designated time or place in the legislative schedule. The
postponement authorized by the rule must be to a time within two
subsequent legislative days, with the exception of questions relating
to the approval of the Journal, which may be postponed only to a time
on the same legislative day. Manual Sec. Sec. 877, 1030. Once
announced, the time for taking postponed votes may be redesignated
within the permissible period by the Chair. Manual Sec. 1030. When the
House adjourns on the second legislative day after postponement of a
question under clause 8 of rule XX, without resuming proceedings

[[Page 902]]

thereon, the question remains unfinished business on the next
legislative day. Manual Sec. Sec. 877, 1030; see Voting.
Certain categories of business that are postponed until a
designated time are resumed at the discretion of the Chair. In
addition to votes under clause 8 of rule XX discussed supra,
consideration of a veto message postponed to a day certain provides an
example. Deschler Ch 21 Sec. 28.4. Additionally, beginning in the
111th Congress, the Speaker has the authority to postpone further
consideration of certain measures on which the previous question has
been ordered, and resume such consideration at the Speaker's
discretion. Manual Sec. 1000a. Generally, however, unfinished business
coming over from a previous day does not automatically come before the
House for consideration but must be called up by a Member in charge.
Deschler Ch 21 Sec. 3.
If the matter called up as unfinished business was under debate at
the time of postponement, debate does not begin anew but recommences
from the point where it was interrupted. Manual Sec. 915.

Sec. 2 . Business Unfinished at Adjournment

Clause 3 of rule XIV provides that, with certain exceptions,
business pending and unfinished at adjournment is to be resumed after
business on the Speaker's table is finished and at the same time each
day thereafter until disposed of. Manual Sec. 876; see also clause 8
of rule XX. For example, where the House adjourns during consideration
of a report from the Committee on Rules, further consideration of the
report becomes the unfinished business on the following day, and
debate resumes from the point where interrupted. Manual Sec. 877.
Ordinarily, under clause 3 of rule XIV, any general legislative
business that is unfinished at adjournment goes over to the succeeding
day, whereas motions that relate merely to the sequence or order of
business do not. Manual Sec. Sec. 876, 877. Thus, a motion relating to
the order of business does not recur as unfinished business on a
succeeding day, even though a vote had been ordered on it. 4 Hinds
Sec. 3114. Likewise, the question of consideration, when not disposed
of at adjournment, does not recur as unfinished business on a
succeeding day but may be raised anew on a subsequent day when the
matter is again before the House. 5 Hinds Sec. Sec. 4947, 4948; 8
Cannon Sec. 2438. Those special classes of business that are in order
only on days of the week designated by House rule are not covered by
clause 3 of rule XIV. See Sec. 4, infra.
When the House adjourns on the second legislative day after
postponement of a question under clause 8 of rule XX without resuming
proceedings thereon, the question remains unfinished business on the
next legislative

[[Page 903]]

day. When the House adjourns while a motion to instruct conferees
under clause 7(c) of rule XXII is pending, the motion to instruct
becomes unfinished business on the next day and does not need to be
renoticed. Manual Sec. 877.

Sec. 3 . -- Where Previous Question Ordered

If the House adjourns without voting on a proposition on which the
previous question has been ordered, the question comes up as
unfinished business on the next legislative day. Manual Sec. 878; 5
Hinds Sec. Sec. 5510-5517; 8 Cannon Sec. 2691. The previous question
having been ordered on a matter, its consideration on the succeeding
day becomes preferential and may supersede action on other business,
even though privileged. Thus, a resolution coming over from the
preceding day with the previous question ordered was held to take
precedence over a motion to dispose of a veto message from the
President. 8 Cannon Sec. 2693. Similarly, a bill coming over from the
preceding day with the previous question ordered was held to take
precedence over business made in order by a special order of business.
5 Hinds Sec. 5520.

Sec. 4 . -- On Days Designated for Special Classes of Business

Consistent with clause 3 of rule XIV, business unfinished at
adjournment and belonging to a class of business that is in order only
on certain days is not taken up again until the next day eligible for
the call of the appropriate calendar or for that class of business. 8
Cannon Sec. 2334; Deschler Ch 21 Sec. 3. This practice is followed
with respect to:

Private bills considered on certain Tuesdays. See Private
Calendar.
Matters considered at the Calendar Wednesday call of
committees. See Calendar Wednesday.
District of Columbia bills on certain Mondays. See District of
Columbia Business.
Bills brought up under the rule setting apart days for motions
to suspend the rules (but not those postponed under clause 8 of
rule XX). 8 Cannon Sec. 3412; Deschler Ch 21 Sec. Sec. 3.30,
3.31.
Bills brought up under the rule setting apart days for motions
to discharge committees. See Discharging Measures From
Committees.

Sec. 5 . Voting as Unfinished Business

When a vote is postponed or when a quorum fails to vote on a
question and the House adjourns, the vote may recur as unfinished
business on the following day. Deschler Ch 21 Sec. 3. For votes
postponed by the Speaker under clause 8 of rule XX, see Sec. 1, supra.
Votes on unfinished business in

[[Page 904]]

the House are put de novo, if previously postponed, and Members have
the same rights as when the question was first put, unless the yeas
and nays or a recorded vote was ordered before postponement. Deschler
Ch 21 Sec. 3.18. Thus, when a vote is postponed pursuant to clause 8
of rule XX, having been objected to for lack of a quorum when
initially before the House, the yeas and nays or a recorded vote may
be demanded when the vote recurs as unfinished business. Manual
Sec. 76; Deschler-Brown Ch 30 Sec. Sec. 56.5, 56.6; see Voting. The
Speaker also may postpone proceedings again when the vote recurs on
such vote previously objected to for lack of a quorum. For a
discussion of postponed votes in Committee of the Whole, see Sec. 7,
infra.

Sec. 6 . Business Postponed to a Day Certain

Where a measure before the House is postponed to a day certain,
either by motion or by unanimous consent, the measure becomes the
unfinished business on the day to which postponed. Deschler Ch 21
Sec. 3. This practice is followed with respect to postponed conference
reports and to veto messages that are postponed to a day certain.
Deschler Ch 21 Sec. Sec. 8.17, 8.18; see also Postponement.

Sec. 7 . In Committee of the Whole

Unfinished Business

Business unfinished when the Committee of the Whole rises remains
unfinished and is to be considered first in order when the House next
goes into Committee of the Whole to consider that business. 4 Hinds
Sec. 4735. The House or the Speaker, pursuant to declaration authority
under clause 2 of rule XVIII, and not the Committee of the Whole,
controls resumption of consideration. The chair of the Committee of
the Whole will not entertain unanimous-consent requests to fix the
time of resumption of consideration of a bill. Manual Sec. 993.
When the House resolves into Committee of the Whole for the
consideration of a bill on which reading for amendment was begun on
the previous day, the Committee proceeds with the reading of the bill.
8 Cannon Sec. 2336.

Postponed Requests for Recorded Votes

Under clause 6(g) of rule XVIII, the chair of the Committee of the
Whole may postpone and cluster requests for recorded votes on
amendments to a subsequent place and time during the amendment process
as determined by the Chair. When proceedings resume on a request for a
recorded vote on an amendment so postponed, the voice vote is
acknowledged and the request is announced as pending. An electronic
vote ordered on the postponed

[[Page 905]]

request may be reduced to not less than two minutes, provided the
first vote in a series is 15 minutes. Manual Sec. 984; see also
Amendments.

[[Page 907]]

CHAPTER 56
UNFUNDED MANDATES

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Definition of Mandate
Sec. 3. Committee Responsibilities
Sec. 4. Points of Order
Sec. 5. Disposition of Points of Order
Research References
Deschler-Brown Ch 31 Sec. 1.57
Manual Sec. Sec. 790, 843, 910, 991, 1081, 1127
Congressional Budget Act of 1974, Sec. Sec. 421-428 (2 USC
Sec. Sec. 658-658g, 1502, 1515)

Sec. 1 . In General

Part B was added to title IV of the Congressional Budget and
Impoundment Control Act of 1974 by the Unfunded Mandates Reform Act of
1995. These provisions were enacted to require an assessment and full
consideration of the impact of legislative and regulatory proposals on
public and private sectors. H. Rept. 104-1. The Act explicitly
declared that Part B was enacted as an exercise of congressional
rulemaking powers. Manual Sec. 1127; 2 USC Sec. 1515.

Sec. 2 . Definition of Mandate

The Unfunded Mandates Reform Act defines a ``Federal
intergovernmental mandate'' as (1) an enforceable duty on State,
local, or tribal government, or a reduction in the authorization of
appropriations for Federal financial assistance provided to those
governments for compliance with such duty, or (2) a provision which
compels State and local spending for participation in an entitlement
program under which at least $500 million is provided to States and
localities annually. Manual Sec. 1127; 2 USC Sec. 1502.
A ``Federal private sector mandate'' is defined as an enforceable
duty on the private sector or a reduction in the authorization of
appropriations for Federal financial assistance provided to the
private sector for compliance with such a duty. Manual Sec. 1127; 2
USC Sec. 1502.

[[Page 908]]

Sec. 3 . Committee Responsibilities

Under the Act, the Congressional Budget Office (CBO) must provide
an authorizing committee with a detailed cost estimate for each bill
reported by such committee containing mandates that have the requisite
annual aggregate impact (adjusted for inflation) on the public sector
(i.e., State and local government) or on the private sector. A
committee must publish this CBO estimate in the committee report or in
the Congressional Record before consideration of the legislation on
the House floor. 2 USC Sec. 658b.
A committee report also must include:

An assessment of the costs and benefits of the mandate.
A statement of the degree to which the Federal funding of an
intergovernmental mandate would disadvantage the private
sector.
A statement of the amount of assistance authorized to pay for
the mandate.
A statement whether the committee intends that the mandate be
unfunded.
A statement whether the legislation intends to preempt State
and local law.

2 USC Sec. 658b.

Sec. 4 . Points of Order

It is not in order to consider a bill or joint resolution reported
by a committee containing an intergovernmental mandate unless the
committee has published a CBO estimate. 2 USC Sec. 658b. There is no
point of order against consideration of a measure containing a private
sector mandate, even though CBO must provide, and committees must
publish, similar cost estimates for private sector mandates as they do
for intergovernmental mandates. See Sec. 3, supra.
A point of order also would lie on the floor against consideration
of a bill, joint resolution, amendment, motion, or conference report
that imposes intergovernmental mandates exceeding the requisite level
on State and local governments unless the legislation:

Funds the mandates through new budget authority or new
entitlement authority;
Includes an authorization for appropriations for the direct
costs of the mandate; and
Provides for an evaluation of and reaction to the direct costs
of the mandate by the relevant Federal agency and expedited
procedures in the Congress to address such evaluation.

Manual Sec. 1127; 2 USC Sec. 658d.

A point of order under the Act may not be raised against an
appropriation bill or an amendment thereto, with certain exceptions.
Manual Sec. 1127; 2 USC Sec. 658c. The Act not only establishes a
point of order against consid

[[Page 909]]

eration of a measure containing an unfunded intergovernmental mandate
(2 USC Sec. 658d), but it also establishes a point of order against a
resolution providing a special order of business that waives a point
of order against a measure, or self-executes the adoption of an
amendment, containing an unfunded intergovernmental mandate (2 USC
Sec. 658e). A special order of business ``hereby'' concurring in a
Senate amendment that precludes the opportunity to raise a point of
order constitutes a waiver of the application of the point of order.
109-2, Feb. 1, 2006, pp 549, 550.

Sec. 5 . Disposition of Points of Order

A point of order against consideration of a bill is properly
raised pending the Speaker's declaration that the House resolve into
the Committee of the Whole for such consideration. A point of order
against consideration of a resolution providing a special order of
business must be made when the special order is called up and comes
too late after the resolution has been adopted. Manual Sec. 1127; 2
USC Sec. 658e.
In order to be cognizable by the Chair, each point of order must
specify the precise language on which it is premised. A point of order
may be raised against more than one provision. Manual Sec. 1127; 2 USC
Sec. 658e. In the case of a special order of business, the precise
language subject to the point of order is normally the waiver of
points of order against consideration of the underlying measure,
including amendments thereto.
Each point of order raised is separately debatable for 20 minutes,
equally divided between the Member initiating the point of order and
an opponent. Debate on the point of order against a special order of
business is on the question whether the House should consider the
measure. The Members controlling debate on the point of order may
reserve time, and a manager of a measure who controls time for debate
against the point of order has the right to close debate. Manual
Sec. 1127; 2 USC Sec. 658e.
After debate the Chair puts one question of consideration with
respect to the proposition that is the subject of the points of order.
The Chair puts the question of consideration without intervening
motion except one motion that the House adjourn. Disposition of the
question of consideration of a bill or resolution shall be considered
also to determine a like point of order against an amendment made in
order as original text. Manual Sec. 1127; 2 USC Sec. 658e.

[[Page 911]]

CHAPTER 57
VETO OF BILLS

HOUSE PRACTICE

Sec. 1. In General; Veto Messages
Sec. 2. House Action on Vetoed Bills
Sec. 3. -- Consideration as Privileged
Sec. 4. -- Motions in Order
Sec. 5. -- Debate
Sec. 6. -- Voting; Disposition of Bill
Sec. 7. Pocket Vetoes
Sec. 8. Line Item Veto Authority
Research References
U.S. Const. art. I Sec. 7
4 Hinds Sec. Sec. 3520-3552
7 Cannon Sec. Sec. 1094-1115
Deschler Ch 24 Sec. Sec. 17-23
Manual Sec. Sec. 104, 107-109, 112-114, 1130(6B)

Sec. 1 . In General; Veto Messages

Generally

The authority for the President to disapprove, or veto, a bill is
spelled out in article I, section 7 of the Constitution. The same
clause addresses the process by which Congress can override a veto and
enact a measure into law.
The President has a 10-day period in which to approve or
disapprove a bill. The President can sign the bill into law or return
it to the House of its origination with a veto message detailing why
the President chooses not to sign. If the President fails to give
approval by signing the bill during that period, the bill will become
law automatically, without a signature. However, in very limited
circumstances the President may, by withholding a signature, effect a
``pocket veto.'' If before the end of a 10-day signing period the
Congress adjourns sine die and thereby prevents the return of the
bill, the bill does not become law if the President has taken no
action regarding it. At this stage, the bill can become a law only if
the President signs it. Deschler Ch 24 Sec. 17. For a discussion of
pocket vetoes, see Sec. 7, infra.

[[Page 912]]

The 10-day period given the President under the Constitution in
which to approve or reject a bill begins on the day after the bill is
presented to the President. The day on which the bill is presented to
the President is not counted in the computation, and Sundays also are
excluded. Deschler Ch 24 Sec. 17.1.
Under the usual practice, bills are considered to have been
``presented to the President'' when they are delivered to the White
House. However, bills delivered to the White House while the President
was abroad have been held by the White House, under arrangements
agreed to with the presenting House, for presentation to the President
upon return to the United States. Manual Sec. 105.
When the President exercises the veto authority, the enrollment is
returned with a sealed message setting forth the objections. An
enrolled House bill returned to the Clerk during a recess with a
``memorandum of disapproval'' setting forth the objections of the
President has been treated by the House as a return veto. Manual
Sec. Sec. 107, 113.

Sec. 2 . House Action on Vetoed Bills

The Speaker lays a veto message before the House on the day it is
received. Deschler Ch 24 Sec. 20.1. It is then read and entered in the
Journal. Manual Sec. 108. The Speaker announces:

The objections of the President will be spread at large upon the
Journal and the message and bill will be printed as a House
document.

When the message is laid before the House, the question on passage
is considered as pending. No motion from the floor to reconsider the
bill is necessary. 7 Cannon Sec. Sec. 1097-1099. If the House does not
wish to proceed immediately to reconsider the bill, the motions to lay
on the table, to postpone consideration to a day certain, or to refer
to committee are available. See Sec. 4, infra. The House also may
agree, by unanimous consent, to postpone consideration of a veto
message to another day. 101-2, Jan. 23, 1990, p 5; 105-1, Nov. 13,
1997, p 26564; 111-2, Jan. 12, 2010, p __. Under clause 4 of rule XVI,
and under the precedents, the motion for the previous question takes
precedence over a motion to postpone or to refer when a question is
under debate. However, where the Speaker has laid before the House a
veto message from the President but has not yet stated the question to
be on overriding the veto, that question is not ``under debate'' and
the motion for the previous question does not take precedence. Manual
Sec. 108. If the House wishes to proceed to the consideration of the
message and address the question of passing the bill over the
President's veto, it can defeat any preferential motion that is
offered and proceed to the main question.

[[Page 913]]

If no preferential motion is offered, the Chair then states the
question as follows:

The pending question is whether the House will, on
reconsideration, pass the bill, the objections of the President to
the contrary notwithstanding.

Sec. 3 . -- Consideration as Privileged

The consideration of a veto message from the President is a matter
of high privilege and may interrupt consideration of a pending matter
(such as a conference report) if the previous question has not been
ordered on that matter. 95-2, Oct. 5, 1978, p 33704. Although its
consideration may be postponed to a day certain, it remains highly
privileged and becomes the unfinished business on that day. Deschler
Ch 24 Sec. Sec. 22.1, 22.2. A vetoed bill may be laid on the table.
However, because it is still highly privileged, a motion to take it
from the table is in order at any time. Manual Sec. 108; 4 Hinds
Sec. 3550; 5 Hinds Sec. 5439; 7 Cannon Sec. 1105. If a veto message is
referred to committee, a motion to discharge the committee from
further consideration of the message also is highly privileged. 4
Hinds Sec. 3532.
A vetoed bill received in the House from the Senate is considered
as if received directly from the President and supersedes the regular
order of business. Manual Sec. 107; 4 Hinds Sec. 3537; 7 Cannon
Sec. 1109. The privilege accorded vetoed bills does not extend to a
bill reported in lieu of a vetoed bill. 4 Hinds Sec. 3531; 7 Cannon
Sec. 1103.
Although highly privileged, the consideration of a vetoed bill
yields to:

Unfinished business from the preceding day with the previous
question ordered. 8 Cannon Sec. 2693.
Certain matters being considered as questions privileged under
the Constitution, such as contested elections or impeachment. 5
Hinds Sec. 6642; 3 Hinds Sec. 2053.
A motion to adjourn. 4 Hinds Sec. 3523.

Sec. 4 . -- Motions in Order

Generally

The mandate under article I, section 7 of the Constitution, that
the House ``shall . . . proceed to reconsider'' a vetoed bill, means
that the House considers it under the rules of the House, with the
ordinary motions under the House rules available. Manual Sec. 108. The
motions to lay the bill on the table, to postpone to a day certain,
and to refer take precedence in the order named over the question of
reconsideration of passage, the objections of the President to the
contrary notwithstanding, until the previous

[[Page 914]]

question is ordered. A Member may not move the previous question on
the question of reconsideration where the Chair has not yet stated the
question to be pending on overriding the veto. Manual Sec. 108; see
also 7 Cannon Sec. 1105; Sec. 2, supra.

Postponement

Although the House often takes immediate action on a veto message
from the President, the consideration of the message may be postponed
to a day certain by unanimous consent or by motion. 4 Hinds
Sec. Sec. 3542-3547; Deschler Ch 24 Sec. 21.9. Such a postponement is
not in violation of the constitutional requirement that the House
``shall . . . proceed to reconsider'' a vetoed bill. Manual Sec. 108.
The postponement has been for as long as eight months and into the
next session of the same Congress. 99-1, Dec. 17, 1985, p 37477. The
motion to postpone further consideration of a veto message is
debatable for one hour. Manual Sec. 108.
When consideration of a veto message is postponed to a day
certain, it becomes unfinished business on that day, and its
consideration does not require a motion from the floor. Deschler Ch 24
Sec. 22.1. At that time, the veto message may be voted on, tabled,
referred to committee, or again postponed as the House determines.
Manual Sec. 108.

Referral to Committee

A veto message from the President may be referred to a committee
by unanimous consent or by motion. 4 Hinds Sec. 3550; Deschler Ch 24
Sec. 21.5. Such a referral is in order in the House even on a bill
that the Senate has already passed over the President's veto. 94-2,
Jan. 26, 1976, p 874.
A motion to refer a veto message to committee takes precedence
over the question of reconsideration. 7 Cannon Sec. 1100. However,
although the ordinary motion to refer may be applied to a vetoed bill,
the motion is not in order pending the demand for the previous
question or after it is ordered on the constitutional question of
reconsideration. 7 Cannon Sec. 1102.

Discharge of Committee

A motion to discharge a committee from the consideration of a
vetoed bill is privileged. 4 Hinds Sec. 3532. Under the modern
practice, such motion is debatable under the hour rule. Manual
Sec. 108. The motion is renewable every legislative day,
notwithstanding the tabling of a prior motion. 100-2, Aug. 10, 1988, p
21589. If a motion to discharge is agreed to, the veto message is
pending as unfinished business. Manual Sec. 108.

[[Page 915]]

Amendability

A vetoed bill is not amendable in the House, nor in a committee
following referral. 4 Hinds Sec. 3551; cf. 4 Hinds Sec. 5644.

Sec. 5 . -- Debate

Debate on the question of overriding the President's veto of a
bill is under the hour rule. Deschler Ch 24 Sec. 22.7. The previous
question may be moved by the manager at any time during the debate.
Deschler Ch 24 Sec. 22.9. The Chair normally recognizes the chair of
the committee or subcommittee that managed the bill to control the
debate on the veto message.

Sec. 6 . -- Voting; Disposition of Bill

Under article I, section 7 of the Constitution, a vetoed bill
becomes law when it is reconsidered and passed by the requisite two-
thirds vote in each House. The two-thirds vote required to pass the
bill is two-thirds of the Members voting, a quorum being present, and
not two-thirds of the total membership of the House. 4 Hinds
Sec. Sec. 3537, 3538; 7 Cannon Sec. 1111. Article I, section 7,
further requires that the vote on passage of a bill over the
President's veto must be by the yeas and nays. Deschler Ch 24
Sec. 22.10.
The motion to reconsider is not in order on the vote on the
question of overriding a veto. 5 Hinds Sec. 5644; 8 Cannon Sec. 2778.
When a vetoed House bill is reconsidered and passed in the House,
the House sends the bill and veto message to the Senate and informs
that body that it passed by the constitutional two-thirds vote. When
the House fails to pass a bill over the President's veto, the bill and
veto message are referred to committee, and the Senate is informed of
the action of the House. Deschler Ch 24 Sec. 23.

Sec. 7 . Pocket Vetoes

Generally; Use After Final Adjournment

Under the Constitution, if the President neither signs nor returns
a bill within 10 days (Sundays excepted), it becomes law as if it had
been signed, unless Congress by its adjournment ``prevents its
return.'' U.S. Const. art. I, Sec. 7. The President is said to
``pocket veto'' a bill where no action is taken on the bill during the
10-day period and where the Congress adjourns sine die before the
expiration of that time in such a manner as to prevent the return of
the bill to the originating House. Manual Sec. 112; Deschler Ch 24
Sec. 18; The Pocket Veto Case, 279 U.S. 655, 680 (1929) (dicta).

[[Page 916]]

A constitutional debate still lingers with respect to the
conditions under which the President may exercise the pocket veto
authority during other types of adjournment of a Congress. The
executive and legislative branches have sometimes held different
perspectives with respect to the conditions surrounding an adjournment
and their impact on the return of a bill disapproved by the President.

During Intersession Adjournments

The Supreme Court has held that the President's return of a bill
to the originating House was prevented when the Congress adjourned its
first session sine die fewer than 10 days after presenting the bill to
the President for approval. Because neither House was in session to
receive the bill, the President was prevented from returning it, and a
pocket veto was upheld. The Pocket Veto Case, 279 U.S. 655 (1929). A
more recent appellate court decision held that the return of a bill
during an adjournment between sessions was not prevented within the
meaning of the Constitution where the originating House had appointed
an agent for the receipt of Presidential veto messages. The decision
further stated that the validity of a pocket veto is governed not by
the type or length of adjournment but by whether the conditions of the
adjournment impede the actual return of the bill. Barnes v. Kline, 759
F.2d 21 (D.C. Cir. 1985), vacated as moot, Burke v. Barnes, 479 U.S.
361 (1987). As part of the concurrent resolution providing for the
sine die adjournment of the first session, the Congress has affirmed
its position that an intersession adjournment does not prevent the
return of a bill where the Clerk and the Secretary of the Senate are
authorized to receive messages during the adjournment. Manual
Sec. 113. Under clause 2(h) of rule II, the Clerk is authorized to
receive messages from the President at any time that the House is not
in session. Manual Sec. 652. On certain occasions, when the second
session of a Congress convenes, the House has asserted its right to
reconsider a bill returned with a Presidential ``memorandum of
disapproval'' received during the sine die adjournment that follows
the first session. Manual Sec. 113; 101-2, Jan. 23, 1990, p 3.

During Intrasession Adjournments

An adjournment of Congress during a session does not prevent the
President from returning a bill disapproved of, as long as appropriate
arrangements are made by the originating House for the receipt of
Presidential messages during the adjournment. Thus, it has been held
that a Senate bill cannot be pocket vetoed by the President during an
``intrasession'' adjournment of Congress for more than three days to a
day certain, where the Secretary of the Senate has been authorized to
receive Presidential messages

[[Page 917]]

during such adjournment. Kennedy v. Sampson, 511 F.2d 430 (D.C. Cir.
1974); see also Kennedy v. Jones, 412 F. Supp. 353 (D.D.C. 1976). The
Supreme Court has held that the adjournment of the House of origin for
a period not exceeding three days while the other House of the
Congress remained in session, does not prevent the return of a vetoed
bill to the House of origin. Wright v. United States, 302 U.S. 583
(1938).
In one instance the House and Senate reconsidered and passed a
bill that was ostensibly pocket vetoed during an intrasession
adjournment. The Administrator of General Services at the Archives
(now Archivist), upon receiving instructions from the Department of
Justice, declined to promulgate the bill as public law on the day it
was received. The question as to the efficacy of the congressional
action in passing the bill over the President's veto was mooted when
the House and Senate passed an identical bill that was signed into
law. Manual Sec. 113.

``Protective Return''

Presidents have, on occasion, asserted the ability to employ what
is known as a ``protective return'' veto, whereby a bill is not
signed, but returned to Congress with a ``memorandum of disapproval,''
asserting pocket veto authority. In such instances, the House has
regarded the President's actual return of the bill without a signature
as a return veto and proceeded to reconsider the bill over the
President's objections. Manual Sec. 113.
For a joint letter from Speaker Foley and Minority Leader Michel
to the President, and a response thereto by Attorney General
Thornburg, on the use of pocket veto authority during an intrasession
adjournment, see 101-2, Jan. 23, 1990, p 3. For joint letters from
Speakers and Minority Leaders reiterating their predecessors' concerns
in this area, see 106-2, Sept. 19, 2000, p 18594; 106-2, Nov. 13,
2000, pp 26022, 26023; 110-2, Oct. 2, 2008, p __; 111-2, May 26, 2010,
p __. For discussions of the constitutionality of intersession or
intrasession pocket vetoes, see Kennedy, ``Congress, The President,
and The Pocket Veto,'' 63 Va. L. Rev. 355 (1977), Spitzer, ``The
``Protective Return'' Pocket Veto: President Aggrandizement of
Constitutional Power'' 31 Presidential Studies Quarterly 720 (2001),
and Hearing, Subcommittee on Legislative Process, Committee on Rules,
on H.R. 849, 101st Congress.

Sec. 8 . Line Item Veto Authority

The Line Item Veto Act took effect on January 1, 1997. 2 USC
Sec. Sec. 691-691f. The Act gave the President the authority to cancel
discrete dollar amounts of discretionary budget authority, new direct
spending, and limited tax benefits contained in Acts sent for
approval. Cancellations were effective

[[Page 918]]

unless disapproved by law. Such disapprovals could be enacted under
the congressional review procedures set forth in the Act. The
President has exercised this cancellation authority on a couple of
occasions. See H. Doc. 105-147, H. Doc. 105-115, and H. Doc. 105-116.
In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme Court
held that the cancellation authority of the Line Item Veto Act
violated the presentment clause of article I, section 7 of the
Constitution. Although the congressional review procedures remain in
the law, the Court decision makes it unlikely that they will be
invoked. See Manual Sec. 1130(6B).

[[Page 919]]

CHAPTER 58
VOTING

HOUSE PRACTICE

A. Generally

Sec. 1. In General; Kinds of Votes
Sec. 2. The Electronic Voting System
Sec. 3. Prohibitions Against Voting by Proxy or for Absent Members

B. Role of the Chair; Duties

Sec. 4. In General; Putting the Question
Sec. 5. Voting by the Chair
Sec. 6. Chair's Responsibility as to the Count

C. Rights and Duties of Members

Sec. 7. In General; Duty to Vote
Sec. 8. Disqualification to Vote

D. Nonrecord Votes

Sec. 9. In General; Voice Votes
Sec. 10. Voting by Division
Sec. 11. Teller Votes

E. Votes of Record

Sec. 12. Yea-and-Nay Votes; Recorded Votes
Sec. 13. Ordering the Yeas and Nays
Sec. 14. Demanding the Yeas and Nays
Sec. 15. Voting by the Yeas and Nays
Sec. 16. Automatic Yea-and-Nay Votes
Sec. 17. Roll Call Votes
Sec. 18. Teller Votes With Clerks
Sec. 19. Pairing

F. Voting Periods; Time Limitations

Sec. 20. In General; 15-minute Votes
Sec. 21. Five-Minute Votes in the House; ``15-and-5'' Votes
Sec. 22. Postponed and Clustered Votes in Committee of the Whole

[[Page 920]]

Sec. 23. Postponed and Clustered Votes in the House

G. Vote Changes, Corrections, and Announcements

Sec. 24. In General; Vote Changes
Sec. 25. Correcting the Congressional Record and the Journal
Sec. 26. Recapitulations
Sec. 27. Personal Explanations

H. Majority Votes; Super-majority Votes

Sec. 28. In General; Tie Votes
Research References
U.S. Const. art. I Sec. Sec. 5, 7
5 Hinds Sec. Sec. 5925-6105
8 Cannon Sec. Sec. 3065-3162
Deschler-Brown Ch 30
Manual Sec. Sec. 75-80, 630, 631, 1012-1034

A. Generally

Sec. 1 . In General; Kinds of Votes

Generally

The rules of the House identify four methods of voting that are in
regular use in the full House:

Voice votes under clause 6 of rule I in which Members express
their voting preference simply by calling out ``aye'' or ``no''
in unison.
Division votes under clause 1(a) of rule XX in which Members
stand to be counted as either for or against a proposition.
Yea-and-nay votes, which require the support of one-fifth of
the Members present under article I, section 5 of the
Constitution or which are ordered automatically when a Member
objects to a pending vote on the ground that a quorum is not
present under clause 6 of rule XX. Yea-and-nay votes usually
are taken by electronic device.
Recorded votes under clause 1(b) of rule XX, which require the
support of one-fifth of a quorum (44 when a quorum is 218). A
recorded vote is considered to be a vote by the yeas and nays
when taken in the House.

When the House is operating in the Committee of the Whole, all of
these commonly used methods of voting are available except for the
yeas and nays, which is a vote used only in the House. Under clause
6(e) of rule XVIII, a recorded vote may be ordered in the Committee of
the Whole

[[Page 921]]

when the demand is supported by at least 25 Members. The automatic
vote by the yeas and nays, when a vote is objected to on the grounds
that a quorum is not present, is not available in the Committee of the
Whole.
Sometimes these voting methods are used in various combinations,
one after the other, depending on the circumstances. In the usual
case, the Chair first puts a question to a vote by voice under clause
6 of rule I. A record vote may then be demanded.
Less frequently used, but still available under rule XX, are the
following: (1) roll call votes, in which each Member's response is
given orally as the Clerk calls the roll in alphabetical order (clause
3 of rule XX); and (2) votes by tellers with clerks, in which each
Member fills out and signs a vote tally card and submits it to a
designated teller (clause 4 of rule XX).
Clause 10 of rule XX requires that the question on final passage
of general appropriation bills, budget resolutions, or bills
increasing certain Federal income tax rates, or conference reports
thereon, be taken by the yeas and nays. Article I, section 7 of the
Constitution requires that the question of passing a bill over the
veto of the President also must be by the yeas and nays. Under clause
12 of rule XXII, the vote to authorize a closed conference committee
meeting also is required to be taken by the yeas and nays.
All votes are in order only when the Chair puts the question.
Unauthorized votes, as where a Member asks for a ``straw'' vote or a
``show of hands'' are not in order. Deschler-Brown Ch 30 Sec. 2.3.
For a discussion of voting in committees, see Committees.

Voting by Ballot in Elections

Voting on an election in the House by ballot, although authorized
by clause 11 of rule XX, is largely obsolete. Manual Sec. 1034. There
has been no instance of voting by ballot under this rule since 1868,
when the managers of an impeachment proceeding were elected by ballot.
3 Hinds Sec. 2417.

Sec. 2 . The Electronic Voting System

In General

The electronic voting system was installed in the House Chamber in
1972 pursuant to the Legislative Reorganization Act of 1970 and
adopted as a voting method by amendments to rule XX. Manual Sec. 1012.
The new system replaced the lengthy call of the roll and votes by
cards with the clerks. Instead, votes are conducted by a computerized
device that simultaneously receives and records votes cast by Members
during the voting period. A master computer processes voting
information for immediate and

[[Page 922]]

subsequent retrieval. Members may still vote by card with the clerks
in the well, who enter the information into the computer system.

Verification of Vote; Changing Votes

Forty-six electronic voting stations are available in the Chamber.
After using one of them, a Member may verify that the vote has been
properly recorded by reinserting the voting card in an alternate
voting station. Illumination of the button corresponding to the last
vote preference will indicate that the vote has been recorded by the
system. If the voting system fails, the Chair may allow Members
additional time to check the electronic display panel to verify
whether their votes were properly recorded. 103-1, Sept. 29, 1993, p
23030.
A Member may change a vote by depressing one of the other buttons.
Changes may be made at any time during a five-minute vote, or during
the first 10 minutes of a 15-minute vote. With less than five minutes
remaining during a 15-minute vote, changes must be made in the well.
Changes may also be made in the well after the voting stations have
been closed but before the Chair's announcement of the result. Manual
Sec. 1014. For a discussion of vote changes generally, see Sec. 25,
infra.

Effect of Malfunction

Clause 2(b) of rule XX authorizes the Chair to conduct record
votes and quorum calls under the alternate procedures prescribed in
rule XX when the electronic voting system malfunctions. For example,
the Chair may vacate the results of an electronic vote in progress
when the system malfunctions and direct that the record vote be
conducted by call of the roll under clause 3 of rule XX. Manual
Sec. 1014a. The Chair may also announce that Members who have been
recorded before the malfunction of the electronic device will be
included in the new tally of those voting. Deschler-Brown Ch 30
Sec. 31.15. When the system again becomes operative, its use resumes
at the Chair's discretion. Deschler-Brown Ch 30 Sec. 31.11.
The question whether the electronic voting system is functioning
reliably is in the discretion of the Chair, who may base a judgment on
certification by the Clerk. For example, the Speaker continued to use
the electronic system, even though the electronic display panel was
temporarily inoperative, where the voting stations continued in
operation and Members were able to verify their votes. On the other
hand, the Chair vacated the results of an electronic vote and directed
that the record vote be taken by call of the roll where the electronic
display panel malfunctioned, and the Chair could not obtain
verification from the Clerk that the vote would be recorded with 100
percent accuracy. Manual Sec. 1014a. A malfunction of the

[[Page 923]]

monitor at the majority or minority table will not prevent use of the
electronic system where an alternate monitor may be used. 93-2, Aug.
7, 1974, p 27219.

Sec. 3 . Prohibitions Against Voting by Proxy or for Absent Members

Whether in the House or the Committee of the Whole, Members must
vote in person. Manual Sec. 674; 7 Cannon Sec. 1014. No one other than
a Member may cast a vote or record a Member's presence. A Member may
not cast a vote on behalf of another Member, and an authorization to
that end is forbidden by clause 2 of rule III.
The use of an electronic voting card belonging to a Member who is
in absentia--sometimes referred to as ``ghost voting''--is considered
a serious breach of ethics. A Member's participation in such activity,
either by direction or by subsequent acquiescence or ratification, is
a matter warranting sanction by the House. The House has reprimanded a
Member for failing to prevent unauthorized use of a voting card.
Deschler-Brown Ch 30 Sec. 3.16.

B. Role of the Chair; Duties

Sec. 4 . In General; Putting the Question

An essential step in bringing a pending proposition to a vote
occurs when the Speaker or Chair states and then puts the question as
prescribed by clause 6 of rule I. Manual Sec. 630. It is a breach of
order for the Speaker to refuse to put a question that is in order.
Manual Sec. 304.
A question may be put to a vote only by the Chair. It is not in
order for a Member having the floor to usurp the role of the Chair in
this regard, as by asking for a demonstration of support, such as a
``straw vote'' before the question is put. Manual Sec. 630; Deschler-
Brown Ch 30 Sec. 2.3. The proposition as stated by the Chair in
putting the question, and not as stated by the sponsoring Member, is
the proposition voted upon. 6 Cannon Sec. 247.
Putting the question on engrossment and third reading before
passage of a bill or joint resolution is required by clause 8 of rule
XVI. However, where a statute requires the vote to occur on final
passage immediately following the conclusion of general debate, the
Speaker puts the question on final passage without putting the
question on ordering the previous question or on engrossment and third
reading. 99-1, Apr. 23, 1985, p 9085.

[[Page 924]]

Sec. 5 . Voting by the Chair

Right to Vote

The Speaker has the same right to vote as other Members, and the
Speaker has exercised this right even in contravention of early House
rules attempting to limit the Speaker's voting authority. Manual
Sec. 631; 5 Hinds Sec. Sec. 5964, 5966. The Speaker may vote ``aye''
or ``no'' at any time before the final announcement of the vote.
Deschler-Brown Ch 30 Sec. 21.2. On an electronic vote, the Speaker may
direct the Clerk to record the Speaker's vote and verifies that
instruction by submitting a vote card. Manual Sec. 631. On roll call
votes, the Speaker's name is not called except at the Speaker's
request, and then at the end of the roll. Manual Sec. 631. Members,
other than the Speaker, who are occupying the Chair vote by submitting
a voting card to the Clerk, who then enters the vote.
In the early history of the House, Speakers exercised the right to
vote sparingly. 5 Hinds Sec. 5964 (note). In more recent Congresses,
it has become more common for Speakers to vote, especially on
important legislation.

Duty to Vote

Under clause 7 of rule I, the Speaker is not required to vote
``except when such vote would be decisive . . . .'' Manual Sec. 631.
The Speaker may vote to cause a tie and thus defeat a measure or to
break a tie and thus pass or adopt a measure. 8 Cannon Sec. 3100;
Deschler Ch 6 Sec. 5.

Sec. 6 . Chair's Responsibility as to the Count

One of the responsibilities of the Speaker is to count the number
of Members rising in support of, or against, a pending proposition, as
where a vote is taken by division. One of the suppositions on which
parliamentary law is founded is that the Speaker will not betray the
duty to make an honest count of the vote. 5 Hinds Sec. 6002. The
integrity of the Chair in counting a vote is not subject to a direct
challenge. Manual Sec. 629; 8 Cannon Sec. 3115. Appeals may not be
taken from the Chair's count of the number rising to demand a vote. 8
Cannon Sec. 3105; Deschler-Brown Ch 30 Sec. 33.5. An appeal also will
not lie from a count of those supporting the demand for the yeas and
nays (Deschler-Brown Ch 30 Sec. 26.8) or from a decision refusing
recapitulation of a vote (8 Cannon Sec. 3128). The remedy of a Member
dissatisfied with the Speaker's count of Members rising, as on a
division vote, is to demand a record vote. 8 Cannon Sec. Sec. 3115-
3118.

[[Page 925]]

C. Rights and Duties of Members

Sec. 7 . In General; Duty to Vote

The casting of a vote (or the refusal to cast a vote) is the
responsibility of the individual Member. Although clause 1 of rule III
states that Members ``shall vote on each question put . . . '', in
practice the House does not enforce this provision. Manual Sec. 671.
The Speaker has no power to compel a Member to vote. 5 Hinds
Sec. 5942. House actions to compel a Member to cast a vote have been
uniformly unsuccessful. 5 Hinds Sec. Sec. 5943-5948. By the same
token, the House does not excuse a Member from voting other than by
granting ``leaves of absence'' under clause 1 of rule III. A
unanimous-consent request in the Committee of the Whole to excuse a
Member from voting will not be entertained. Deschler-Brown Ch 30
Sec. 3.3.

Sec. 8 . Disqualification to Vote

Generally; Conviction of Crime

The precedents suggest that the House has no authority to deprive
a Member of the inherent right to vote. Manual Sec. 672; 5 Hinds
Sec. Sec. 5952, 5966, 5967; 8 Cannon Sec. 3072.
Clause 10 of rule XXIII, part of the Code of Official Conduct,
provides that a Member who is convicted of a crime for which a prison
sentence of two or more years could be imposed ``should'' refrain from
voting in the House or the Committee of the Whole until reinstatement
of the presumption of innocence or until such Member is reelected to
the House. Manual Sec. 1095. The term ``conviction'' in clause 10 is
construed to include a plea of guilty or a certified finding of guilt
even though sentencing may occur later. H. Rept. 94-76.

Personal or Pecuniary Interest

Clause 1 of rule III provides that a Member is not required to
vote where such Member has a ``direct personal or pecuniary'' interest
in the question. Manual Sec. 671. In rare instances the Speaker has
ruled that a Member, because of such Member's personal interest in the
outcome, should not vote. 5 Hinds Sec. Sec. 5955, 5958. However,
ordinarily the Member--and not the Chair--determines this question. 5
Hinds Sec. Sec. 5950, 5951; 8 Cannon Sec. 3071; Deschler-Brown Ch 30
Sec. 3.1. The Speaker will not sustain a point of order challenging
the personal or pecuniary interest of Members in a pending question,
and will defer to the judgment of each Member as to the directness of
the interest. Manual Sec. 672.

[[Page 926]]

Members may abstain from voting on a measure because of a personal
or pecuniary interest in the measure being considered and thus
announce an intention to be recorded as ``present'' on the issue.
Deschler-Brown Ch 30 Sec. Sec. 3.5, 3.7.
Where the subject of a vote before the House affects an entire
class, the personal interest of Members who belong to the class is not
such as to disqualify them from voting. 5 Hinds Sec. 5952. In one
instance, for example, during consideration of a bill providing
financial assistance to States and political subdivisions, the Speaker
indicated that the bill was sufficiently general in scope that Members
holding municipal bonds or who had other financial interests dependent
on the fiscal affairs of a particular city would merely be within a
class of similarly situated individuals whose pecuniary interest would
not be so direct as to preclude them from voting on the bill.
Deschler-Brown Ch 30 Sec. 3.10.

D. Nonrecord Votes

Sec. 9 . In General; Voice Votes

Votes not of record are those for which no official public record
is required of the names or votes of the participating Members. There
are two types of nonrecord votes. The first is a voice vote under
clause 6 of rule I. The second is a vote by division under clause 1(a)
of rule XX. Sec. 10, infra. Authority for demanding a vote by tellers
was eliminated from the rules in the 103d Congress. Sec. 11, infra.
Voice votes are the simplest and most commonly used of all voting
procedures. Such votes are based on the volume of sound produced by
Members as they respond either ``aye'' or ``no'' to the question put
by the Chair. Manual Sec. 630; 5 Hinds Sec. 5926. If the Chair is in
doubt about the result, or if any Member requests it, a division vote
is in order. Manual Sec. 1012. In a division vote, those in favor and
then those opposed are asked to stand and be counted. Sec. 10, infra.
In most situations, the Speaker must put the pending question to a
voice vote under clause 6 of rule I before entertaining a demand for a
recorded vote or the yeas and nays. Deschler-Brown Ch 30 Sec. 7.1.

Sec. 10 . Voting by Division

Generally; Form

A demand for a division (standing) vote is in order following the
taking of a voice vote, although this method of voting is rarely used
in modern

[[Page 927]]

practice. Deschler-Brown Ch 30 Sec. 17.1. Under clause 1 of rule XX,
after a voice vote, if the Speaker is in doubt or a division is
demanded, ``[t]he House shall divide . . . . Those in favor of the
question shall first rise from their seats to be counted, and then
those opposed.'' Manual Sec. 1012. Only one demand for a vote by
division on a pending question is in order. Deschler-Brown Ch 30
Sec. 11.9.

Member: M_. Speaker, I demand a division.
Chair: A division is demanded. As many as are in favor will rise
and stand until counted. . . .
The ayes will be seated and the noes will stand.

Timeliness

A demand for a division comes too late when the Member making it
was not seeking recognition at the time the Chair announced the result
of the voice vote. Deschler-Brown Ch 30 Sec. 9.9. However, the mere
announcement of a voice vote does not preclude a demand for a division
provided that no intervening business has transpired and the proponent
of a division was seeking recognition at the time of the announcement.
Deschler-Brown Ch 30 Sec. 9.5.

Precedence of Demand for Recorded Vote or Yea-and-Nay Vote

A demand for the yeas and nays in the House under article I,
section 5 of the Constitution takes precedence over a demand for a
division. Deschler-Brown Ch 30 Sec. 14.1.
A demand for the yeas and nays may be made before or after a
division vote, or even while a division vote is being announced. 5
Hinds Sec. 6039. However, the demand may not interrupt a division
while the Chair is counting. Manual Sec. 1012; Deschler-Brown Ch 30
Sec. 10.3. A demand for a division vote is not precluded by the fact
that the yeas and nays have been refused. 8 Cannon Sec. 3103.
When the Chair has put the question and is in doubt as to the
result, the Chair has the discretion under clause 1(a) of rule XX to
conduct a vote by division before entertaining a demand for a record
vote. Deschler-Brown Ch 30 Sec. 9.2. The Chair may also entertain a
demand for a record vote without first conducting a division.
Deschler-Brown Ch 30 Sec. 9.3. However, the Chair's count cannot be
interrupted by a demand for a record vote. Deschler-Brown Ch 30
Sec. 10.4.

Interruptions During the Count

The Chair generally declines to recognize Members while counting
those standing on a division vote. Parliamentary inquiries are
entertained before (not after) the Chair asks those in favor of the
proposition to rise.

[[Page 928]]

Deschler-Brown Ch 30 Sec. 10.2. Under clause 7 of rule XXII, a
conference report may not be presented while the House is dividing.
Manual Sec. 1077. Messages are not received during a division. Manual
Sec. 562.
Because a vote by division takes no cognizance of Members present
but not voting, the number of votes counted by division does not
necessarily establish a lack of a quorum. Manual Sec. 1012.
Accordingly, the Chair may interrupt the count of Members standing in
favor of a proposition in order to count for a quorum pursuant to a
point of order that a quorum is not present. Manual Sec. 1012.

Sec. 11 . Teller Votes

Under the earlier practice of the House, a Member could demand a
teller vote if supported by a sufficient number of Members. 5 Hinds
Sec. 5986. However, teller votes are almost never used in modern
practice, as the rule authorizing a demanded teller vote was abolished
in 1993. Manual Sec. 1013. While used infrequently, under clause 4 of
rule XX, the Speaker may direct a vote by tellers. For an explanation
of the method of taking teller votes, see Deschler-Brown Ch 30
Sec. 16. For a discussion of teller votes and the Speaker's
discretion, see Sec. 18, infra.

E. Votes of Record

Sec. 12 . Yea-and-Nay Votes; Recorded Votes

Yea-and-Nay Votes Distinguished

There are two primary methods of taking a vote of record in the
House of Representatives. Voting by the yeas and nays under article I,
section 5 of the Constitution is the preeminent method of voting and
its initiation is to be distinguished from the recorded vote available
under separate House rules. Clause 6 of rule XX also orders the yeas
and nays in the absence of a quorum whenever a vote is objected to for
lack of a quorum. Manual Sec. 1025. Yea-and-nay votes are not in order
in the Committee of the Whole. 4 Hinds Sec. 4722. Recorded votes, on
the other hand, are available in both the House (clause 1(b) of rule
XX) and the Committee of the Whole (clause 6(e) of rule XVIII).
Yea-and-nay votes require the support of one-fifth of those
present. Sec. 14, infra. On the other hand, a recorded vote in the
House requires the support of one-fifth of a quorum (44 when a quorum
is 218). Deschler-Brown Ch 30 Sec. 34.1. A request for a recorded vote
in the Committee of the Whole must be supported by 25 Members under
clause 6(e) of rule

[[Page 929]]

XVIII. It is the Chair's statement of the demand, and not the Member's
request, that controls whether one-fifth of those present or one-fifth
of a quorum is required to support the demand. Deschler-Brown Ch 30
Sec. 2.2.

Demanding a Recorded Vote

Under the rules, a recorded vote is in order in the House or in
the Committee of the Whole after the question has been put to a voice
vote:

Chair: The question is on the amendment offered by the gentle___
from _____. [voice vote]
Member: M_. Speaker [or M_. Chair], I demand a recorded vote.
Chair: The gentle___ asks for a recorded vote. As many as are in
favor of taking this vote by a recorded vote will stand and remain
standing until counted.

A demand for a recorded vote in the House under clause 1 of rule
XX must be supported by one-fifth of a quorum (usually 44 Members).
Deschler-Brown Ch 30 Sec. 34.1. The demand must be supported by 25
Members in the Committee of the Whole under clause 6(e) of rule XVIII.
The count of Members standing to support a demand for a recorded vote
is not subject to challenge by appeal. Deschler-Brown Ch 30 Sec. 33.5.
In the House, a request for a recorded vote must yield to the
constitutional prerogative of a Member to demand the yeas and nays.
Sec. 14, infra. However, a request for a recorded vote may be made
following a demand for the yeas and nays, if that demand is withdrawn
or does not receive the required support. Deschler-Brown Ch 30
Sec. Sec. 33.2, 33.3. Even the Member who has withdrawn a demand for
the yeas and nays may request a recorded vote under clause 1(b) of
rule XX. Deschler-Brown Ch 30 Sec. 33.4. Where one-fifth of the
Members present have refused to order the yeas and nays on a motion,
and that motion later becomes the unfinished business of the House, a
Member may still demand a recorded vote on the motion but may not
renew a demand for the yeas and nays. Deschler-Brown Ch 30 Sec. 55.5.

Timeliness of Demand for Recorded Vote; Interruptions

A request for a recorded vote is in order only after the Chair has
put the question to a voice vote. Deschler-Brown Ch 30 Sec. 7.1. It
cannot interrupt a voice vote or a vote by division that is in
progress. Manual Sec. 1012; Deschler-Brown Ch 30 Sec. 7.1. The demand
is not timely if the Member making it is not seeking recognition at
the time that the result of the vote is announced by the Chair.
Deschler-Brown Ch 30 Sec. 33.18. However, a Member's demand for a
recorded vote may be made after the Chair announces the result of a
division vote if no other business has intervened. Deschler-Brown Ch
30 Sec. 9.5.

[[Page 930]]

A demand for a recorded vote on an amendment comes too late after
the amendment has been voted on and disposed of and the Chair has
inquired as to the purpose of another Member seeking recognition.
Deschler-Brown Ch 30 Sec. Sec. 24.6, 33.17. However, a mere inquiry
relating to a pending motion, raised after the Chair has announced the
result of a voice vote, does not constitute such intervening business
as to preclude the right of a Member to demand a recorded vote on the
pending motion. Manual Sec. 1012. If the demand comes too late, it is
within the province of the Chair to recognize for a unanimous-consent
request to vacate proceedings and thereby set the stage for putting
the question a second time so a recorded vote can be demanded.
Deschler-Brown Ch 30 Sec. 33.18.

Repetition or Renewal of Demand

Only one request for a recorded vote on a pending question is in
order. Manual Sec. 1012. Thus, a request for a recorded vote on a
pending question having been refused, a second request is not in order
following a division vote on that question. Deschler-Brown Ch 30
Sec. 33.7.
A similar rule is followed in the Committee of the Whole. Where
the Committee has refused a request for a recorded vote, the request
may be renewed only by unanimous consent. Deschler-Brown Ch 30
Sec. 33.9. This is true even where the absence of a quorum is
disclosed immediately following the Chair's announcement of the
refusal or where a quorum call has intervened. Deschler-Brown Ch 30
Sec. Sec. 33.10, 33.11. However, the request remains pending where the
Chair had interrupted the count of Members standing in support of the
demand in order to count for a quorum. 97-2, Aug. 5, 1982, p 19658.
For a request to be once denied, the Chair must have finalized the
count. In one instance, the chair of the Committee of the Whole,
having announced that an insufficient number of Members had arisen in
support of a request for a recorded vote on an amendment (but having
hedged that announcement with the word ``apparently'' and having
refrained from stating the conclusion that the recorded vote was
refused), nevertheless entertained a point of no quorum, tacitly
treating the request for a recorded vote as not yet finalized. 107-1,
Oct. 11, 2001, p 19385.

Withdrawal of Demand

A demand for a recorded vote may be withdrawn without unanimous
consent before the Chair finalizes the count. Deschler-Brown Ch 30
Sec. Sec. 33.20, 33.21.

[[Page 931]]

Postponement of Vote

For a discussion of the Chair's authority to postpone votes in the
House and in the Committee of the Whole, see Sec. Sec. 22, 23, infra.

Sec. 13 . Ordering the Yeas and Nays

In General; When Required

The yeas and nays usually are in order only after they are
demanded by a Member and the demand is supported by a sufficient
number of Members. Sec. 14, infra. However, in some cases the yeas and
nays are required by law or by House rule. Under article I, section 7
of the Constitution, a vote by the yeas and nays is required to pass a
bill over the President's veto. 4 Hinds Sec. 3520; 7 Cannon Sec. 1110;
see also Veto of Bills.
The yeas and nays are to be ``considered as ordered'' when the
question is put on certain measures such as a bill providing general
appropriations or certain income tax rate increases or a concurrent
resolution on the budget. Clause 10 of rule XX. The yeas and nays are
automatically ordered under the House rules when a vote has been
objected to for lack of a quorum, thereby precipitating a simultaneous
quorum call. Sec. 16, infra. A vote by the yeas and nays is required
to authorize a closed conference committee meeting under clause 12 of
rule XXII. Manual Sec. 1093. Such a vote also may be required by
statute. See, e.g., 50 USC Sec. 1545 (War Powers Resolution); 50 USC
Sec. 1622 (termination of national emergency).

Effect of Ordering

The ordering of the yeas and nays ordinarily brings the pending
proposition to a vote but does not necessarily preclude all other
business. A motion to adjourn may be admitted after the yeas and nays
are ordered and before the vote has begun. 5 Hinds Sec. 5366.
Consideration of a conference report or a motion to reconsider the
vote by which the yeas and nays have been ordered also has been
permitted to intervene. Manual Sec. 80; 5 Hinds Sec. 6029; 8 Cannon
Sec. 2790.

Effect of Adjournment

An order for the yeas and nays remains in effect during an
adjournment and is taken up whenever the bill again comes before the
House. 8 Cannon Sec. 3108. However, should a quorum fail to vote and
the House adjourn, the question recurs de novo when the bill again
comes before the House. Deschler Ch 20 Sec. Sec. 8.2, 10.17.

[[Page 932]]

Sec. 14 . Demanding the Yeas and Nays

In General

A demand for the yeas and nays is in order after the question has
been put. Deschler-Brown Ch 30 Sec. 7.1. However, a vote by the yeas
and nays is taken only if a sufficient number of Members rise in
support of the demand. Under article I, section 5 of the Constitution,
the demand must be supported by one-fifth of the Members present.
Manual Sec. Sec. 75, 77.

Member: M_. Speaker, I demand the yeas and nays.
Speaker: The yeas and nays are requested. As many as are in favor
of taking this vote by yeas and nays will rise and remain standing
until counted.
A sufficient number having arisen, the yeas and nays are ordered.
[Or] An insufficient number having arisen, the yeas and nays are
refused.

It is well established that a quorum is not necessary to the
ordering of the yeas and nays. Manual Sec. 76; 5 Hinds Sec. Sec. 6016-
6028. In ascertaining whether one-fifth of those present support a
demand for the yeas and nays, the Speaker counts the entire number
present as well as those who rise in favor of the demand. 8 Cannon
Sec. Sec. 3111, 3120. A request for a rising of those opposed to the
demand is not in order. 8 Cannon Sec. Sec. 3112-3114. The Chair
ordinarily first counts those supporting the demand and then counts
the House. Latecomers in support of the demand are included in the
count until it is closed by the Chair. Manual Sec. 78. The Speaker's
count of the House on this question is not subject to appeal. Manual
Sec. 78.

When in Order

The Speaker must put the question before a demand for the yeas and
nays is in order. Manual Sec. 76. The demand is in order after the
Speaker has put the question to a voice vote, is announcing the result
of a division, and even after the announcement of such a vote if the
House has not passed on to other business. 5 Hinds Sec. Sec. 6039-
6041. However, a demand for the yeas and nays comes too late after the
Speaker has put the question on a motion and announced the result and
the House has proceeded to other business. Deschler-Brown Ch 30
Sec. 24.6. It is likewise untimely where the Chair has put a question
to a voice vote, announced the result, and by unanimous consent laid
the motion to reconsider on the table, where the Member was not
seeking recognition when the question was put. Deschler-Brown Ch 29
Sec. 8.25.

[[Page 933]]

Precedence of Demand

Being of constitutional origin, a demand for the yeas and nays in
the House takes precedence over a demand for a recorded vote.
Deschler-Brown Ch 30 Sec. 33.2. A demand for the yeas and nays
likewise takes precedence over a demand for a division vote. Deschler-
Brown Ch 30 Sec. 14.1.

Demands as Dilatory; Repetition of Demand

The constitutional provision authorizing a demand for the yeas and
nays is liberally construed. 8 Cannon Sec. 3110. The demand may be
made by any Member and cannot be denied merely on the ground that it
is dilatory. 5 Hinds Sec. 5737; 8 Cannon Sec. 3107. However, the yeas
and nays having been refused once may not be demanded again on the
same question. 5 Hinds Sec. 6029. It is not in order during the
various processes of a division vote to repeat a demand for the yeas
and nays that has been rejected. 5 Hinds Sec. 6030.

Withdrawal

When the demand for the yeas and nays has been supported by one-
fifth of the Members present, it is too late for the Member making the
demand to withdraw it except by unanimous consent. Deschler-Brown Ch
30 Sec. 24.8.

Sec. 15 . Voting by the Yeas and Nays

In General

Under the earlier practice, yea-and-nay votes were cast in
response to the Clerk's call of the roll of Members in alphabetical
order. Today, yea-and-nay votes almost invariably are cast by use of
the electronic voting system. However, the Speaker has the discretion
under clause 3 of rule XX to have the Clerk call the roll for the yeas
and nays. Manual Sec. 1015. The Speaker may also direct the Clerk to
call the roll, in lieu of taking the vote by electronic device, when
the voting system is temporarily inoperative. Deschler-Brown Ch 30
Sec. Sec. 31.8-31.10.

Reconsideration

A motion to reconsider a vote ordering the yeas and nays or
refusing the yeas and nays is in order. Manual Sec. 79; 5 Hinds
Sec. Sec. 5692, 6029; 8 Cannon Sec. 2790. A yea-and-nay vote itself is
likewise subject to reconsideration. If the House (by a majority vote)
agrees to reconsider, the yeas and nays again may be ordered by one-
fifth of those present. 5 Hinds Sec. Sec. 5689-5691. However, if the
House, having reconsidered, again orders the yeas and nays, a second
motion to reconsider is not in order. 5 Hinds Sec. 6037.

[[Page 934]]

Disclosure of Member's Vote

A Member's vote, whether ``yea,'' ``nay,'' or ``present,'' appears
in the Congressional Record and, as required by article I, section 5
of the Constitution, in the House Journal. Manual Sec. 75. However,
there is no requirement that a Member's vote be announced publicly
during the vote. Manual Sec. 76.

Sec. 16 . Automatic Yea-and-Nay Votes

Any nonrecord vote in the House may be objected to for lack of a
quorum under clause 6 of rule XX, thereby precipitating, in the
absence of a quorum, a quorum call and a simultaneous automatic
ordering of the yeas and nays. 6 Cannon Sec. 697; Deschler-Brown Ch 30
Sec. 23. Clause 6 provides that ``[w]hen a quorum fails to vote on a
question, a quorum is not present, and objection is made for that
cause . . . . there shall be a call of the House . . . . and the yeas
and nays . . . . shall at the same time be considered as ordered.''
Manual Sec. 1025. An automatic call under this rule is not in order in
Committee of the Whole. Manual Sec. 1026.
The Speaker may direct that an automatic vote in the House be
taken by electronic device. The Speaker also has the discretion to
direct the Clerk to call the roll. Deschler-Brown Ch 30 Sec. 31.9.
Procedures under clause 6 of rule XX when a quorum fails to vote
are applicable regardless of the method of voting, but do not apply
when the House is voting on a question that does not require a quorum,
such as a motion incidental to a call of the House. 4 Hinds
Sec. Sec. 2994, 3053; 6 Cannon Sec. Sec. 681, 691, 697, 703. Although
a quorum is not required to adjourn, a point of no quorum on a
negative vote on adjournment, if sustained, precipitates a call of the
House under the rule. 6 Cannon Sec. 700; Deschler-Brown Ch 30
Sec. 11.4.
For a further discussion of quorums and voting, see Quorums.

Sec. 17 . Roll Call Votes

In General

Because of the availability of the electronic voting system, roll
call votes are rarely taken under the modern practice. Today roll call
votes ordinarily are taken only during the process of electing a
Speaker--where the Members respond by surname--or in the event of a
malfunction of the electronic voting system. Manual Sec. 27; Deschler-
Brown Ch 30 Sec. 31.15. Nevertheless, the Speaker has broad
discretionary power to invoke a roll call vote, in lieu of taking the
vote by electronic device, even where a quorum fails

[[Page 935]]

to vote on any question and objection is made for that reason. Manual
Sec. 1014; Deschler Ch 20 Sec. 4.2.
The Clerk calls the roll of Members in alphabetical order by
surname. 5 Hinds Sec. 6046. The Speaker's name may be called at the
close of the roll at the direction of the Speaker. 5 Hinds Sec. 5965.
The roll is called twice--the second roll call being limited to those
Members who failed to respond to the first call. 4 Hinds Sec. 3052. A
Member may cast a vote even after such Member's name has been called,
provided the result of the vote has not been announced. Manual
Sec. 1015.

Interruptions

A motion to adjourn may be offered before the roll call begins. 4
Hinds Sec. 3050. Under clause 6(c) of rule XX, after Members have had
the requisite opportunity to respond by the yeas and nays but before a
result has been announced, a motion that the House adjourn is in order
if seconded by a majority of those present (to be ascertained by
actual count by the Speaker). If the House adjourns pursuant to such a
motion, the yeas and nays are vacated.
A roll call may be interrupted for the reception of messages and
by the arrival of the hour fixed for adjournment sine die. Manual
Sec. 1018; 5 Hinds Sec. Sec. 6715-6718. However, a roll call, once
under way, may not be interrupted by:

A motion to adjourn (except as provided in clause 6(c) of rule
XX). 5 Hinds Sec. 6053.
A parliamentary inquiry, unless related to the vote. 5 Hinds
Sec. Sec. 6054, 6058; 8 Cannon Sec. 3132.
A question of personal privilege. 5 Hinds Sec. 6058; 6 Cannon
Sec. Sec. 554, 564.
The arrival of the hour fixed for another order of business. 5
Hinds Sec. 6056.
The arrival of the hour fixed for a recess. 5 Hinds
Sec. Sec. 6054, 6055; 8 Cannon Sec. 3133.
The presentation of a conference report. 5 Hinds Sec. 6443.

Sec. 18 . Teller Votes With Clerks

``Tellers with clerks'' refers to a voting method adopted in 1971
to make it possible to record the votes of individual Members in the
Committee of the Whole. Clause 4 of rule XX; Manual Sec. 1019. Under
this rarely used voting practice, the Chair has the discretion to
order the Clerk to ``record the names of those Members voting on each
side of the question . . . . '' Each Member is given a tally card on
which to enter a voting preference and a signature. The Members then
deposit these cards in ballot boxes located in the Chamber, with the
``aye'' boxes located up the

[[Page 936]]

aisle at the rear of the Chamber at the Chair's left and the ``no''
boxes located up the aisle at the Chair's right.
Tellers with clerks as a voting method fell into disuse in 1972
with the adoption of the more efficient electronic voting system. See
Sec. 2, supra. Tellers with clerks remains as a backup procedure to be
used in the event of malfunction of the electronic system or in the
event the Clerk is unable to call the roll. Manual Sec. 1019.

Sec. 19 . Pairing

General Pairs; Specific Pairs

The practice of announcing general pairs was deleted from the
rules in the 106th Congress. For a history of the former rule, see
Manual Sec. 1031.

``Live'' Pairs

Although rarely used, the announcement of live pairs, which
involve an agreement between one Member who is present and voting and
another on the opposite side of the question, who is absent, is still
permitted under clause 3 of rule XX. Manual Sec. 1015. By agreement,
the voting Member withdraws the previous vote and instead votes
``present'' by submitting an amber ``present'' card. Deschler-Brown Ch
30 Sec. 4.

Member: M_. Speaker, on the vote just recorded I voted ``aye'' (or
``no''). I have a pair with the gentle___ from _____ and desire to
change my vote and be recorded as ``Present.''
Chair: The Clerk will call the gentle___'s name.

Such announcements must be made before the vote is finally
declared. Deschler-Brown Ch 30 Sec. 4.11.

F. Voting Periods; Time Limitations

Sec. 20 . In General; 15-minute Votes

15-minute Votes

Under clause 2(a) of rule XX and clause 6(g) of rule XVIII,
Members have a minimum of 15 minutes from the time of the ordering of
a record vote in the House or in the Committee of the Whole. The Chair
has the discretion to close the vote and to announce the result at any
time after 15 minutes have elapsed or to allow additional time for
Members to record their votes before announcing the result. Manual
Sec. 1014. Thus, no point of order lies against the decision of the
Chair to close a vote taken by elec

[[Page 937]]

tronic device after 15 minutes have elapsed, such decision being
within the Chair's sole discretion. Manual Sec. 1014.
At the beginning of a new Congress, the Speaker has inserted in
the Congressional Record an announcement that, in order to expedite
the conduct of votes by electronic device, the cloakrooms were
directed not to forward to the Chair individual requests to hold a
vote open. The Speaker has also announced that each occupant of the
Chair would have the Speaker's full support in striving to close each
electronic vote at the earliest opportunity and that Members should
not rely on signals relayed from outside the Chamber to assume that
votes will be held open until they arrive. At the same time, the Chair
will not close a vote while a Member is in the well attempting to
vote. Manual Sec. 1014. Where the Chair has prematurely attempted to
close a vote while voting cards submitted in the well were still being
tabulated, the Chair has allowed such tabulation to continue before
announcing the final outcome of the vote. 110-1, Aug. 2, 2007, p
22545.
It is not in order, even by unanimous consent, to permit a Member
to have a vote recorded after the announcement of the result, even
though the Member claims to have been in the Chamber before the
announcement. Deschler-Brown Ch 30 Sec. Sec. 36.2, 36.4. However,
Members may, by unanimous consent, announce how they would have voted
if permitted. See Sec. Sec. 25-27, infra.

Voting Alerts; Bell and Light System

A legislative call system alerts Members to the taking of a vote
as well as to the kind of vote and to the duration of the voting
period. This system uses bells and lights that are activated through
clocks located throughout the House and its adjacent office buildings.
Manual Sec. 1016. A mechanical malfunction of this call system does
not result in the retaking of a vote except by unanimous consent. 8
Cannon Sec. Sec. 3153, 3154. Such failure does not permit a Member to
be recorded following the conclusion of the call. Manual Sec. 1016. In
one instance, the Committee of the Whole agreed by unanimous consent
to vacate a recorded vote on an amendment, permitting a new recorded
vote to be taken, where it was alleged that erroneous clocks outside
the Chamber and on the televised proceedings had misled Members as to
the amount of time available. 98-1, May 3, 1983, p 10773.

[[Page 938]]

The system, comprising bells and lights, is used as follows:

Recorded vote, yeas and nays, or automatic record vote taken
either by electronic system or by use of tellers with ballot
cards--two bells and two lights on left indicate a vote by
which Members are recorded by name. Bells are repeated five
minutes after the first ring.
Recorded vote, yeas and nays, or automatic record electronic
vote to be followed immediately by possible five-minute vote
under clause 8(c) or 9 of rule XX or clause 6(f) or 6(g) of
rule XVIII--two bells rung at beginning of first vote, followed
by five bells, indicate that the Chair will order five-minute
votes if record vote is ordered immediately thereafter. Two
bells repeated five minutes after first ring. Five bells on
each subsequent electronic vote.
Recorded vote in the Committee of the Whole to be followed
immediately by possible vote of less than five minutes under
clauses 6(f) or 6(g) of rule XVIII--two bells rung at beginning
of first vote, followed by two bells indicate that Chair will
order less-then-five-minute votes if recorded vote is ordered
immediately thereafter. Two bells repeated five minutes after
first ring. Two bells on each subsequent electronic vote.
Record vote--two bells, followed by a brief pause, then two
bells, indicate such a vote taken by a call of the roll in the
House. The bells are repeated when the Clerk reaches the
``R's'' in the first call of the roll.
Regular quorum call--three bells and three lights on left
indicate a quorum call either in the House or in Committee of
the Whole by electronic system or by clerks. The bells are
repeated five minutes after the first ring. Where quorum call
is by call of the roll, three bells followed by a brief pause,
then three more bells, with the process repeated when the Clerk
reaches the ``R's'' in the first call of the roll, are used.
Regular quorum call in Committee of the Whole, which may be
followed immediately by five-minute electronic recorded vote--
three bells rung at beginning of quorum call, followed by five
bells, indicate that the Chair will order five-minute vote if
record vote is ordered on pending question. Three bells
repeated five minutes after first ring. Five bells for record
vote on pending question if ordered.
Notice or short quorum call in Committee of the Whole--one
long bell followed by three regular bells, and three lights on
left, indicate that the Chair has chosen, using the authority
under clause 6 of rule XVIII, to vacate proceedings when a
quorum of the Committee appears. Bells are repeated every five
minutes unless the call is vacated by the ringing of one long
bell and the extinguishing of three lights or the call is
converted into a regular quorum call and three regular bells
are rung.
Adjournment--four bells and four lights on left.
A five-minute vote--five bells and five lights on left.
Recess of the House--six bells and six lights on left.
Civil Defense Warning--twelve bells, sounded at two-second
intervals, with six lights illuminated.
The light on the far right--seven--indicates that the House is
in session.

[[Page 939]]

Sec. 21 . Five-Minute Votes in the House; ``15-and-5'' Votes

Generally

Under clause 9 of rule XX, the Speaker may reduce to five minutes
the time for electronic voting on any question arising without
intervening business after an electronic vote on another question if
notice of possible five-minute voting was issued before the first
electronic vote.
These votes, often referred to as ``15-and-5'' votes, are in order
before other business intervenes. For example, clause 9 of rule XX
does not give the Chair the authority to reduce to five minutes the
vote on a motion to recommit occurring immediately after a recorded
vote on an amendment reported from the Committee of the Whole, and the
Chair will not entertain a unanimous-consent request to reduce that
vote to five minutes after Members have already left the Chamber with
the expectation that the next vote will be a 15-minute vote. Manual
Sec. 1032.

By Unanimous Consent

The House may by unanimous consent authorize the Speaker to reduce
the time to respond to a recorded vote. By unanimous consent, the
House reduced to five minutes the minimum time for a required record
vote on a motion to authorize a closed conference meeting, to be taken
immediately following another record vote previously postponed. 98-1,
Aug. 1, 1983, p 22029. The Chair has declined to recognize for a
unanimous-consent request to reduce to five minutes the first vote in
a series because the bell and light system would not give adequate
notice of an initial five-minute vote. Under extraordinary
circumstances, when many consecutive votes are taken, the House may
set the response time at two minutes by unanimous consent. Manual
Sec. 1032.

Sec. 22 . Postponed and Clustered Votes in Committee of the Whole

Two-Minute Votes

Although 15 minutes is the usual minimum time for Members to
respond on a recorded vote in the Committee of the Whole, the Chair
has the discretion, under some circumstances, to reduce such time to
not less than two minutes. Prior to the 112th Congress, such period
was five minutes, with two-minute voting authorized on an ad hoc basis
by unanimous consent. Manual Sec. 984. The Chair has the discretion
under clause 6 of rule XVIII to reduce to two minutes the period for a
recorded vote following a regular 15-minute quorum call. Manual
Sec. 982. An announcement of a pos

[[Page 940]]

sible two-minute vote is normally made by the Chair in advance. 98-1,
May 4, 1983, p 11063.

Postponed Votes on Amendments

Under clause 6(g) of rule XVIII, the chair of the Committee of the
Whole may postpone a request for a recorded vote on any amendment.
Proceedings on that amendment may be resumed at the Chair's
discretion. Clause 6(g) further permits the Chair to reduce to two
minutes the time for electronic voting on any postponed question that
follows another electronic vote without intervening business, provided
the first vote in any series is a 15-minute vote. Manual Sec. 984.
Before the adoption of clause 6(g) of rule XVIII, the chair of the
Committee of the Whole could not entertain a unanimous-consent request
to reduce below 15 minutes the minimum time for recorded votes or to
postpone and cluster votes on amendments. Manual Sec. 984. Special
orders of business before adoption of clause 6(g) routinely provided
the chair of the Committee of the Whole authority to postpone and
cluster requests for recorded votes. When a special order of business
provided such authority, the Chair held the following (also applicable
to the Chair's authority under the standing rule):

The use of postponement authority, and the order of resuming
proceedings on postponed questions, is entirely within the
discretion of the Chair.
An amendment pending as unfinished business, where proceedings
on a request for a recorded vote have been postponed, may be
modified by unanimous consent on the initiative of its
proponent.
A request for a recorded vote on an amendment on which
proceedings have been postponed may be withdrawn by unanimous
consent before proceedings resume on the request as unfinished
business, in which case the amendment stands disposed of by the
voice vote thereon.
Authority to postpone a request for a recorded vote does not
permit the Chair to postpone a vote on an appeal of a ruling of
the Chair, even by unanimous consent.
The Committee of the Whole by unanimous consent may vacate
postponed proceedings, thereby permitting the Chair to put the
question de novo.
The Chair may resume proceedings on unfinished business
consisting of a ``stack'' of amendments even while another
amendment is pending.
The offering of a pro forma amendment to discuss the
legislative program, or an extended one-minute speech by a
Member to express gratitude to the Members on a personal
matter, may be considered intervening business such as to
preclude a two-minute vote under this authority.

Manual Sec. 984.

[[Page 941]]

Sec. 23 . Postponed and Clustered Votes in the House

The Speaker has discretionary authority under clause 8 of rule XX
to postpone certain questions and to ``cluster'' them for voting at a
designated time or place in the legislative schedule, and, after the
vote on the first such question, to reduce to five minutes the vote on
all of the additional questions so postponed. Manual Sec. 1030. The
rule specifically permits the Speaker to postpone the following
questions:

Approval of the Journal.
Passing a bill or joint resolution or adopting a concurrent
resolution or a resolution (or ordering the previous question
thereon).
Agreeing to a motion to suspend the rules.
Agreeing to an amendment reported from the Committee of the
Whole.
Agreeing to a motion to reconsider or agreeing to a motion to
lay on the table a motion to reconsider.
Agreeing to a conference report or to a motion to instruct
conferees (or ordering the previous question thereon).

These categories are not mutually exclusive. For example, the
Speaker may ``cluster'' a vote on the approval of the Journal with
motions to suspend the rules. 107-2, Oct. 16, 2002, p 20749. Where the
proposition does not fall within one of the categories listed in
clause 8 of rule XX, the Chair does not have discretionary authority
to postpone a vote but may do so by unanimous consent. Manual
Sec. 1030.
For all such categories, the postponement authority under clause 8
of rule XX must be to a place designated within two legislative days,
with the exception of the question of agreeing to the Speaker's
approval of the Journal. That question may be postponed only to a time
on the same legislative day. Manual Sec. 1030. The Speaker may
simultaneously designate separate times for the resumption of
proceedings on separate postponed questions. Once the Speaker has
postponed votes to a designated place in the legislative schedule, the
Speaker may redesignate the time when the votes will be taken within
the appropriate period. Manual Sec. 1030.
The discretionary authority of the Speaker to postpone votes under
clause 8 of rule XX arises after a vote of record is ordered or when a
vote is objected to for lack of a quorum. Manual Sec. 1030. The
authority of the Speaker to postpone such a vote does not continue
once a record vote has commenced or once the Speaker has announced the
absence of a quorum. Deschler-Brown Ch 30 Sec. 56.1.
In exercising the authority under this rule, the Speaker may
announce that the consideration of certain postponed questions may be
interrupted by other privileged business. 97-1, Dec. 15, 1981, p
31506. The ``clustering''

[[Page 942]]

of record votes on postponed matters does not prevent the Chair from
entertaining a unanimous-consent request between postponed votes.
However, if constituting intervening business, the first vote after
the request would have to be a 15-minute vote unless reduced to five
minutes by unanimous consent. Manual Sec. 1030.

G. Vote Changes, Corrections, and Announcements

Sec. 24 . In General; Vote Changes

A Member who has voted may change such vote at any time before the
final announcement of the result. Manual Sec. 1014; 5 Hinds
Sec. Sec. 5931, 5934, 6093, 6094. During that time a ``present'' vote
may be changed as well as an ``aye'' or ``no'' vote. 5 Hinds
Sec. 6060. However, a Member may not withdraw a vote entirely without
leave of the House. 5 Hinds Sec. 5930.
Changes in votes cast are barred following the announcement of the
result of the vote, even by unanimous consent. Deschler-Brown Ch 30
Sec. 6.1. However, the Speaker may announce a change in the result of
a vote taken by electronic device when required to correct an error in
identifying a voting card submitted in the well. Manual Sec. 1014.
When a vote is being taken by electronic device, a Member is
permitted to change such vote by reinserting the voting card in a
voting station during the first 10 minutes of a 15-minute vote or by
the Clerk's announcement in the well after the Chair has asked for
changes. During five-minute votes or two-minute votes, a Member is
permitted to change a vote at the voting stations at any time.
Following the expiration of the minimum time for voting by electronic
device and the closing of electronic voting stations, but before the
Speaker's announcement of the result, any Member may either change a
vote or cast an initial vote in the well by use of a ballot card.
Manual Sec. 1014; see also Sec. 2, supra.
A Member who wishes to change a vote on a recorded vote conducted
by tellers with clerks may announce such vote change in the well
before the announcement of the result. Deschler-Brown Ch 30 Sec. 40.6.
If the correction is made before the announcement of the result by the
Chair, unanimous consent is not required. Deschler-Brown Ch 30
Sec. 40.1.
When a Member changes a vote following a record vote and before
the announcement of the result by the Chair, the change appears in the
Congressional Record. This occurs even where the Member changes a vote
twice, thereby reverting to the original voting stance. Deschler-Brown
Ch 30 Sec. 39.6.

[[Page 943]]

Sec. 25 . Correcting the Congressional Record and the Journal

Electronic Votes

The Chair presumes the technical accuracy of the electronic system
if properly used and relies on the responsibility of Members to
correctly cast and verify their votes. Deschler-Brown Ch 30 Sec. 31.3.
The Speaker declines to entertain requests to correct the Journal or
the Congressional Record on votes taken by electronic device. Manual
Sec. 1014. Recognition for such a request may be denied despite
assurances by the Member that the vote had been verified by
reinserting the voting card. Deschler-Brown Ch 30 Sec. 6.2. However,
the incorrect transcription by the official reporters of a change
announced by the Clerk may be corrected in the Record by unanimous
consent. Deschler-Brown Ch 30 Sec. 31.16. Also, by unanimous consent
the House may permit the correction of the Record and the Journal to
delete a vote that was not actually cast. Manual Sec. 1014.
The Speaker has declined to entertain a unanimous-consent request
to correct a vote taken by electronic device although the Member was
recorded as voting on a day when such Member was on leave from the
House, no explanation having been offered for the discrepancy.
Deschler-Brown Ch 30 Sec. 32.4 However, the Speaker may announce a
change in the result of a vote taken by electronic device when
required to correct an error in identifying a voting card submitted in
the well. Deschler-Brown Ch 30 Sec. 32.5. For a report of the
Committee on Standards of Official Conduct (now Ethics) on voting
anomalies, see H. Rept. 96-991.
After the announcement of the result of such a vote, although it
is not permissible to change a vote, a Member may seek unanimous
consent to explain in the Congressional Record where such Member's
vote was incorrectly recorded or, though cast, was not recorded.
Sec. 27, infra. In entertaining such requests, the Chair does not pass
judgment on the Member's explanation as to how the vote was improperly
recorded or how, though present and having voted, such Member was not
recorded, nor does the Chair challenge the Member's word on how such
Member voted. Deschler-Brown Ch 30 Sec. 38.1.

Nonelectronic Votes

When the electronic voting system is not in use, and a Member is
incorrectly recorded on a roll call, such Member may correct the vote
before the announcement of the result, with the corrected vote being
properly recorded and the change duly noted in the Congressional
Record. Manual Sec. 1015. When a vote actually given fails to be
recorded during a call of the roll, the Member may, before the
approval of the Journal, demand as a matter

[[Page 944]]

of right that correction be made. 5 Hinds Sec. Sec. 5969, 6061, 6062;
8 Cannon Sec. 3143.
Members who have been incorrectly recorded on a vote taken by
clerks pursuant to clause 4 of rule XX have, by unanimous consent, had
their votes corrected following the announcement of the result. The
Chair will not entertain such requests after further business has been
transacted. Deschler-Brown Ch 30 Sec. 40.3.
A Member ascertaining that an absent colleague has been
inadvertently recorded on a nonelectronic roll call vote may have the
vote deleted by unanimous consent, before the announcement of the
result. Deschler-Brown Ch 30 Sec. 37.1.

Sec. 26 . Recapitulations

A Member may not demand a recapitulation of a vote taken by
electronic device. Deschler-Brown Ch 30 Sec. 31.6. The recapitulation
of such votes is refused because all Members may determine whether
they were correctly recorded by examining the electronic display panel
over the Speaker's rostrum and because, even if the display panel is
inoperative, individual votes and vote totals may be verified through
the voting and monitoring stations. Deschler-Brown Ch 30 Sec. 31.7.
Record votes that do not involve the use of the electronic voting
system are subject to recapitulation at the discretion of the Speaker,
either before or after the announcement of the result. Manual
Sec. 1015; 5 Hinds Sec. Sec. 6049, 6050; 8 Cannon Sec. Sec. 3125,
3128; Deschler-Brown Ch 30 Sec. Sec. 28.2, 28.4.

Sec. 27 . Personal Explanations

Members who are absent for a record vote may announce how they
would have voted had they been present. Deschler-Brown Ch 30
Sec. 41.1.

Member: M_. Speaker, on roll call ___, I was unavoidably detained
as a result of ___________. Had I been present I would have voted
``[aye] [nay]'' I ask unanimous consent that this statement appear
in the Congressional Record following the announcement of the vote.

Alternatively, a Member may submit a signed statement for printing
in the Congressional Record without personally announcing an intent.
The explanation will appear in the Record immediately following the
missed vote if the explanation is received the day of the vote. If the
explanation is submitted in writing rather than announced on the
floor, the explanation will appear in distinctive type. If the
explanation is submitted any time after the

[[Page 945]]

day of the vote, it appears in the ``Extensions of Remarks'' portion
of the Record.
Neither the rules nor the practice of the House permit a Member to
announce after a record vote how absent colleagues would have voted if
present. 6 Cannon Sec. 200.
If the Member's explanation alleges that such Member was present
but not recorded, the Chair does not, by entertaining the request,
pass judgment on the Member's explanation. Deschler-Brown Ch 30
Sec. 38.1.

H. Majority Votes; Super-majority Votes

Sec. 28 . In General; Tie Votes

``The voice of the majority decides . . . where not otherwise
expressly provided,'' wrote Jefferson, expressing a fundamental
precept of parliamentary law. Manual Sec. 508. Most business that
comes before the House is decided by a majority vote, and, under
clause 6 of rule XIV, all questions relating to the priority of
business are decided by a majority. Manual Sec. 884. Under clause 1(c)
of rule XX, a rule in effect since the First Congress, if the vote on
a proposition is a tie, the proposition is defeated. Manual Sec. 1013;
5 Hinds Sec. Sec. 5926, 5964.

Two-thirds Votes

Under the Constitution or by House rule, a two-thirds vote is
expressly required in the House on:

Amendment to the Constitution. U.S. Const. art. V; Manual
Sec. 190.
Passage of a bill over a veto. U.S. Const. art. I Sec. 7;
Manual Sec. 104.
Dispensing with the call of the Private Calendar. Clause 5 of
rule XV; Manual Sec. 895.
Same-day consideration of reports from the Committee on Rules.
Clause 6 of rule XIII; Manual Sec. 857.
Suspension of the rules. Clause 1 of rule XV; Manual Sec. 885.
Expulsion of a Member. U.S. Const. art. I Sec. 5; Manual
Sec. 62.
Removal of political disabilities. U.S. Const. amend. XIV
Sec. 3; Manual Sec. 230.

A two-thirds vote means two-thirds of those voting, a quorum being
present, and not two-thirds of the entire membership. Deschler-Brown
Ch 30 Sec. 5. Such a vote requires an affirmative vote by two-thirds
of those Members actually voting; Members who indicate only that they
are ``present'' are not counted in determining the two-thirds figure.
Deschler-Brown Ch 30 Sec. 5.2; 5 Hinds Sec. 7027; 8 Cannon Sec. 3503;
7 Cannon Sec. 1111.

[[Page 946]]

Three-fifths Votes

Under clause 5(b) of rule XXI, certain income tax rate increases
can be passed or adopted only by a vote of not less than three-fifths
of the Members voting.

[[Page 947]]

CHAPTER 59
WITHDRAWAL

HOUSE PRACTICE

Sec. 1. In General
Sec. 2. Decisions That Prevent Withdrawal
Sec. 3. Right to Modify Derived from Right to Withdraw
Sec. 4. Points of Order
Sec. 5. Requests for Record Votes
Research References
5 Hinds Sec. Sec. 5347-5358
Deschler Ch 23 Sec. Sec. 2, 36, 43; Deschler Ch 27 Sec. 20
Manual Sec. Sec. 902, 904, 905, 922, 925, 978

Sec. 1 . In General

Withdrawal of a Motion

Clause 2 of rule XVI states that a motion, once entertained, may
be ``withdrawn at any time before a decision or amendment thereon.''
Manual Sec. 904. A motion may be withdrawn although an amendment has
been offered to it and is pending. 5 Hinds Sec. 5347; 6 Cannon
Sec. 373; 8 Cannon Sec. 2639.
Examples of motions that may be withdrawn under the rule include:

A motion to suspend the rules. Manual Sec. 905.
A motion that the House resolve into the Committee of the
Whole for the consideration of a bill. Manual Sec. 905.
A motion to instruct conferees. Manual Sec. 905.
A motion to dispose of an amendment reported from conference
in disagreement. See, e.g., Deschler-Brown Ch 32 Sec. 10.30.

A motion that the House resolve into the Committee of the Whole
for the consideration of a bill may be withdrawn pending a point of
order against consideration of the bill. If the motion is withdrawn,
the Chair is not obligated to rule on the point of order. Manual
Sec. 905; 8 Cannon Sec. 3405.
The proponent of a motion to dispose of an amendment reported in
disagreement, having withdrawn the motion, may change the amendment
included in the motion and offer it again in its modified form.
Deschler-Brown Ch 32 Sec. 8.3.
A motion may be withdrawn in the Committee of the Whole only by
unanimous consent. Deschler Ch 23 Sec. 2.10.

[[Page 948]]

Unanimous consent is not required to withdraw a pending unanimous-
consent request. Manual Sec. 905.

Withdrawal of a Measure

Under clause 2 of rule XVI, a resolution, including a privileged
resolution, may be withdrawn at any time before a decision is made
thereon or before an amendment thereto is adopted. For example, where
the Speaker has put the question on adoption of a resolution to a
voice vote without the ordering of the previous question, and the yeas
and nays have not been ordered, the resolution may be withdrawn.
Manual Sec. 905. If the resolution is called up in the House again,
the Member calling up the resolution is recognized for one hour,
notwithstanding the fact that the resolution previously has been
considered, debated, and then withdrawn before action is taken
thereon. Manual Sec. 905. Withdrawal of a pending resolution is not in
order when the absence of a quorum has been announced by the Chair.
Manual Sec. 905.
A conference report called up for consideration in the House may
be withdrawn from consideration at any time before action is taken
thereon. Deschler-Brown Ch 33 Sec. 20.9.

Withdrawal of an Amendment

An amendment may be withdrawn in the House at any time before an
amendment is adopted thereto or a decision is had thereon. 5 Hinds
Sec. 5753; 6 Cannon Sec. 587; 8 Cannon Sec. 2332. The same right to
withdraw an amendment exists in the forum known as ``the House as in
the Committee of the Whole.'' 4 Hinds Sec. 4935. Therefore, that right
exists in standing committees where general procedures of that forum
apply. Manual Sec. 427.
Under clause 5 of rule XVIII, unanimous consent is required to
withdraw an amendment in Committee of the Whole, unless withdrawal
authority was conferred by the House. Manual Sec. 905; 5 Hinds
Sec. 5221; 6 Cannon Sec. 570; 8 Cannon Sec. Sec. 2465, 2859, 3405.
However, unanimous consent is not required to withdraw an amendment
that is at the Clerk's desk but that has not been offered by the
Member. Deschler Ch 27 Sec. 20.5.
Where a substitute amendment is withdrawn by unanimous consent, an
amendment to the substitute also is withdrawn. Deschler Ch 27
Sec. 20.9. The withdrawal of an amendment by unanimous consent does
not preclude its being reoffered at the same stage of the proceedings,
and unanimous consent is not required to reoffer the amendment if
otherwise in order. Deschler Ch 27 Sec. 20.10.
The chair of the Committee of the Whole will entertain a
unanimous-consent request to withdraw an amendment even when a point
of order is

[[Page 949]]

pending against the amendment or against a substitute therefor.
Deschler Ch 27 Sec. Sec. 20.6, 20.7.

Sec. 2 . Decisions That Prevent Withdrawal

A decision that prevents withdrawal may consist of the following:

The ordering of the yeas and nays, either directly on the
motion or on a motion to lay it on the table. 5 Hinds
Sec. Sec. 5353, 5354.
The ordering of the previous question, or the demand therefor.
Manual Sec. 905; 5 Hinds Sec. 5489.
The refusal to lay on the table. 5 Hinds Sec. Sec. 5351, 5352;
8 Cannon Sec. 2640.

Where the Chair postpones a voice vote under clause 8 of rule XX
when an objection has been made for lack of a quorum, and that
question comes up later as postponed unfinished business, the
proponent unilaterally may withdraw it, because it becomes a question
de novo. Manual Sec. 905; see, e.g., 101-1, July 24, 1989, pp 15794,
15818.

Sec. 3 . Right to Modify Derived from Right to Withdraw

As a general principle, modifications to a pending motion, if in
order at all, must be approved by the House. There is one narrow
exception to this principle. A Member having the right to withdraw a
motion before a decision is made thereon, and immediately thereafter
reoffer it, has the resulting right to modify the motion without
approval of the House. Manual Sec. 905; 5 Hinds Sec. 5358.
For example, a Member having the right to withdraw a motion to
instruct conferees before a decision is made thereon, and the right to
offer a different motion at the same stage of proceedings (one not
subject to notice requirements), has the resulting power to modify the
motion. Manual Sec. 905. Similarly, a Member having the right to
withdraw a resolution offered as a question of privilege, and the
right to offer a different resolution as a question of privilege
immediately thereafter (one not subject to notice requirements), has
the resulting power to modify the resolution without the concurrence
of the House. Deschler Ch 23 Sec. 1.
In most cases, however, the right of withdrawal and resubmission
in a modified form does not exist. For example, a resolution such as a
special order of business resolution reported by the Committee on
Rules, may not be modified except by direction of the reporting
committee or with concurrence of the House. In the case of a
nonprivileged motion, the proponent may not be guaranteed the right to
immediately reoffer the motion, especially where it is a secondary
motion under clause 4 of rule XVI. Thus, although an amendment to a
motion pending in the House may be withdrawn

[[Page 950]]

by the Member offering the amendment before it is acted upon, such
Member is not guaranteed the right to reoffer that amendment, and
therefore does not have the right to modify the amendment without the
consent of the House. Deschler Ch 23 Sec. 1.
Other secondary motions specified under clause 4 of rule XVI, such
as the motions to lay on the table, for the previous question, to
postpone to a day certain, to refer, and to postpone indefinitely, may
be withdrawn before action is taken thereon but may not be modified
without the consent of the House. The motion that when the House
adjourns it adjourn to a day and time certain is in order only at the
Speaker's discretion and is therefore subject to modification by the
offeror only with the consent of the House. Deschler Ch 23 Sec. 1.
In the Committee of the Whole, amendments may be withdrawn only by
unanimous consent, so the doctrine of unilateral modification is never
applicable in that forum.
Pursuant to a unanimous-consent request offered by the manager of
the pending motion, the House may modify a suspension motion during
its consideration or after the vote has been postponed de novo under
clause 8 of rule XX. See, e.g., 102-2, July 2, 1992, p 17220; 103-2,
Oct. 3, 1994, p 27364. However, the more common practice is for the
manager to withdraw the motion and for the Speaker to recognize such
Member to reoffer the motion in a modified form, in which case the
debate on the motion begins anew. Deschler Ch 21 Sec. 14.3.

Sec. 4 . Points of Order

Generally

A motion may be withdrawn pending a point of order against its
consideration. If the motion is withdrawn, the Chair is not obligated
to rule on any point of order raised against it. Manual Sec. 905; 8
Cannon Sec. 3405. Similarly, a motion that the House resolve into the
Committee of the Whole for the consideration of a bill may be
withdrawn pending a point of order against consideration of the bill.
Manual Sec. 905.
A motion may be withdrawn even after the previous question has
been ordered on an appeal from a decision of the Chair on a point of
order against the motion. Furthermore, the motion being withdrawn, all
proceedings on the appeal fall thereby. 5 Hinds Sec. 5356.
The chair of the Committee of the Whole may recognize for a
unanimous-consent request to withdraw an amendment before ruling on a
point of order. Deschler Ch 27 Sec. 20.6.

[[Page 951]]

Point of Order for Lack of Quorum

When a point of order of no quorum is made, the point of order may
be withdrawn until announcement of the absence of a quorum, after
which the point of order may not be withdrawn even by unanimous
consent. Deschler Ch 20 Sec. 18. Objection to a voice vote for lack of
a quorum having been withdrawn, and demand for a division having been
made, an objection to the division vote for lack of a quorum is in
order. If a quorum is not present, the yeas and nays are automatic.
Deschler Ch 20 Sec. 18.4.
Withdrawal of a pending resolution is not in order when the
absence of a quorum has been announced by the Chair. Manual Sec. 905.

Withdrawal of Reservation of Point of Order

The reservation of a point of order by one Member inures to all.
However, withdrawal of a reservation by one Member requires other
Members to either make or continue to reserve the point of order at
that point, and a further reservation comes too late after there has
been debate. Deschler-Brown Ch 31 Sec. 3.14.

Words Taken Down

When a demand is made that certain words used in debate be taken
down, such words may be withdrawn by unanimous consent in the House or
in the Committee of the Whole. Deschler-Brown Ch 29 Sec. Sec. 51.1,
51.2. The Speaker may suggest that a Member who had uttered
unparliamentary words request unanimous consent to withdraw them.
Deschler-Brown Ch 29 Sec. 51.11. No debate is in order pending a
request to withdraw unparliamentary words. Deschler-Brown Ch 29
Sec. 51.8. Like any other point of order, withdrawal of the demand
that words be taken down does not require unanimous consent. Manual
Sec. 628.

Sec. 5 . Requests for Record Votes

A demand for a recorded vote may be withdrawn before the Chair
begins to count Members supporting the demand, and unanimous consent
is not required. Deschler-Brown Ch 30 Sec. 33.20. Where a demand for a
recorded vote is pending, it may be withdrawn by the maker, but it is
not in order to condition its withdrawal on the House's acceptance of
a modification to the motion on which the vote is being taken.
Deschler-Brown Ch 30 Sec. 33.23. Although a demand for the yeas and
nays, once supported by one-fifth of those present, cannot be
withdrawn, the House may, by unanimous consent, vacate the proceedings
and take the vote de novo. Deschler-Brown Ch 30 Sec. 33.24. In one
instance a Member who demanded a recorded vote asked unanimous consent
to withdraw his demand when, the recorded

[[Page 952]]

vote being under way, the electronic system failed. Deschler-Brown Ch
30 Sec. 33.22.
HOUSE PRACTICE

[[Page 953]]

INDEX

(The main headings in this index, shown in boldface type, refer to
corresponding chapter titles. Section references are to sections
specified within the identified chapter. Cross references are to
headings in this index.)

ADJOURNMENT

Alternate departure dates, ch 1 Sec. 10
August recess--
concurrent resolution adopted by roll call vote in each House, ch 1
Sec. 12
Legislative Reorganization Act, provisions of, ch 1 Sec. 12
waiver of provisions of Legislative Reorganization Act, ch 1 Sec. 12
Budget Act provisions relating to completion of action on
appropriation bills and reconciliation legislation, effect of, ch
1 Sec. 11
Concurrent resolution--
amendment to, ch 1 Sec. 10
Budget Act provisions relating to completion of action on
appropriation bills and reconciliation legislation, effect of
noncompliance with, on status of resolution, ch 1 Sec. 11
privileged, status as, and factors affecting privilege, ch 1 Sec. 11
privileged status of Senate amendments, ch 1 Sec. 11
sine die, adjournment, ch 1 Sec. Sec. 1, 13
three days, adjournment of more than, ch 1 Sec. Sec. 1, 10
Conditions attached to adjournment, ch 1 Sec. 10
Constitution and House rules govern procedures in House, ch 1 Sec. 1
Day and time to which House shall adjourn, motion to fix--
amendment, not subject to, ch 1 Sec. 6
debatable, motion not, ch 1 Sec. 6
quorum required for, ch 1 Sec. 8
privilege, equal in, to simple motion to adjourn, ch 1 Sec. 3
separate from simple motion to adjourn, ch 1 Sec. Sec. 3, 6
Disagreement between Houses as to period of adjournment, effect of, ch
1 Sec. 10
Emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3
Legislative days and calendar days distinguished, ch 1 Sec. 2
Legislative Reorganization Act, provisions of, relating to adjournment
or August recess, ch 1 Sec. 12
Motion--
amendment, not subject to, ch 1 Sec. 6
argument not to be included, ch 1 Sec. 2
automatic roll call, demand for, affirmative or negative vote on
motion as affecting propriety of, ch 1 Sec. 8
Committee of the Whole, not in order in, ch 1 Sec. 4
Committee of the Whole, rising of, unavailability of motion
following specified instances of, ch 1 Sec. 4
Committee of the Whole, unavailability of motion following vote to
go into, ch 1 Sec. 4
conditions not to be imposed, ch 1 Sec. 2
debatable, simple motion is not, ch 1 Sec. 6
debate, motion may not interrupt Member holding floor in, ch 1
Sec. Sec. 3, 5
dilatory, when motion is, ch 1 Sec. 9
form, ch 1 Sec. 2
House meeting as in Committee of the Whole, motion permitted in, ch
1 Sec. 4
Majority Leader or designee, motion usually offered by, ch 1 Sec. 5

[[Page 954]]

parliamentary inquiry, motion not in order where Member has been
yielded to or recognized for, ch 1 Sec. Sec. 3, 5
precedence of motion over particular motions or items of business,
ch 1 Sec. 3
privilege of motion, ch 1 Sec. 3
quorum, effect of absence of, where vote on adjournment is decided
in negative, ch 1 Sec. 8
quorum, motion in order pending point of order based on absence of,
until Clerk has commenced to call the roll, ch 1 Sec. 8
quorum not required for agreement to, ch 1 Sec. 8
recognition to offer, ch 1 Sec. 5
reconvening, change in time of, not a part of motion to adjourn, ch
1 Sec. 2
rejection of motion, proceedings following, ch 1 Sec. Sec. 8, 9
repetition of motion, conditions for, ch 1 Sec. Sec. 3, 9
second motion, conditions for permitting, ch 1 Sec. Sec. 3, 9
three days or less, adjournment of, by motion, ch 1 Sec. Sec. 1, 2
time for making of, ch 1 Sec. 3
times at which motion not permitted, ch 1 Sec. Sec. 3, 4
vote by yeas and nays, demand for, ch 1 Sec. 8
voting in House, timing of motion in relation to stages of, ch 1
Sec. 3
voting on motion, ch 1 Sec. 7
Optional departure dates, ch 1 Sec. 10
Recall, joint leadership, ch 1 Sec. Sec. 10, 13
Recall of one or both Houses, provision for, ch 1 Sec. Sec. 10, 13
Recess distinguished from, ch 1 Sec. 1
Senate and House consent required for certain, ch 1 Sec. Sec. 1, 2, 10
Sine die adjournment--
Committee on Rules, jurisdiction of, ch 1 Sec. 13
concurrent resolution, by, ch 1 Sec. Sec. 1, 13
debatable, resolution not, ch 1 Sec. 13
form of resolution, ch 1 Sec. 13
jurisdiction of Committee on Rules, ch 1 Sec. 13
Legislative Reorganization Act, waiver of provisions of, relating
to, ch 1 Sec. 12
Majority Leader, resolution usually offered by, ch 1 Sec. 13
motion pursuant to concurrent resolution offered by Majority Leader
or designee, ch 1 Sec. 14
President, committee to notify, of intention of House to adjourn, ch
1 Sec. 13
privileged, resolution as, ch 1 Sec. 13
procedure at time of adjournment, ch 1 Sec. 14
quorum not required for adjournment where Houses have adopted
resolution that day, ch 1 Sec. 14
quorum required for adoption of resolution, ch 1 Sec. 13
rescission or recall of resolution, ch 1 Sec. 13
Senate and House, consent of, ch 1 Sec. 1
waiver of provisions of Legislative Reorganization Act relating to,
ch 1 Sec. 12
Three days, adjournment of more than--
calculation of three-day period, ch 1 Sec. 10
concurrent resolution, ch 1 Sec. Sec. 1, 10
Senate and House, consent of, ch 1 Sec. Sec. 1, 2, 10
Unanimous consent--
Chair may declare House adjourned by, when no Member is available,
ch 1 Sec. 5

[[Page 955]]

three days or less, adjournment of, form of request for, ch 1 Sec. 2
Unfinished business at, see UNFINISHED BUSINESS
Voting on motion or resolution, ch 1 Sec. Sec. 7, 8, 10, 12

AMENDMENTS

Adoption of amendment as precluding certain motions to strike--
insert provision, adoption of amendment to, does not preclude motion
to strike larger portion of text including provision, ch 2
Sec. 39
portion of text, adoption of amendment to, does not preclude vote on
motion to strike entire text, ch 2 Sec. 39
Adoption of amendment as precluding further changes in text amended--
identical in substance and scope to amendment previously agreed to,
subsequent amendment ruled out where, ch 2 Sec. Sec. 6, 38, 40,
44
monetary figures agreed to may not be directly changed although
``fetchback'' amendment to later paragraph may change amounts,
ch 2 Sec. 42
monetary figures in adopted amendments changed by language
``increased by'' or ``decreased by,'' ch 2 Sec. 42
perfected text cannot be further amended, ch 2 Sec. 38
special order of business may permit amendments changing portions of
amendments already agreed to, ch 2 Sec. 38
strike all after first word and insert new provision, adoption of
motion to, precludes amendment to inserted language, ch 2
Sec. 40
strike and insert, adoption of motion to, effect of, ch 2 Sec. 40
substitute, adoption of amendment in nature of, ends amendment
stage, ch 2 Sec. 41
text, different or more comprehensive portion of, subsequent
amendments may affect, ch 2 Sec. Sec. 38, 40, 42
unanimous consent, changes permitted by, ch 2 Sec. 43
vacating proceedings by which amendment adopted, ch 2 Sec. 43
Adoption of amendment in committee, electronic availability of, ch 11
Sec. 16
Adoption of motion to strike, effect of--
perfecting amendments to stricken section vitiated, ch 2 Sec. 40
perfecting amendment to stricken language not in order, ch 2 Sec. 40
Appropriation bills, amendments to, see APPROPRIATION BILLS
Committee amendments, consideration of, ch 2 Sec. Sec. 17, 29
Congressional Record, special order of business permitting only
amendments as printed in, see SPECIAL ORDERS OF BUSINESS
Consistency with previously adopted amendment, lack of, does not give
rise to point of order against subsequent amendment, ch 2 Sec. 38
Contradicting substance of amendment previously adopted, amendment as,
ch 2 Sec. 38
Copies of amendments transmitted to majority and minority tables, ch 2
Sec. 1
Debate on--
precedence of ten minutes debate on amendment over motion to amend
amendment, ch 2 Sec. 9
Debate time, offering amendments after expiration of, ch 2 Sec. 26

[[Page 956]]

Degrees of amendment--
generally, ch 2 Sec. Sec. 1, 13, 14
pro forma amendment, point of order against, as constituting
amendment in third degree, ch 2 Sec. 14
second degree permitted, ch 2 Sec. 1
Senate amendments, see SENATE AMENDMENTS
text, amendment in nature of substitute may be considered as
original, for purpose of amendment, ch 2 Sec. Sec. 13, 14
third degree, amendments in, not in order in absence of special
order of business, ch 2 Sec. Sec. 1, 13, 14
Division of the question, see DIVISION OF THE QUESTION FOR VOTING
Enacting clause, motion to strike--
precedence over motion to amend, ch 2 Sec. Sec. 5, 9, 21
rejection of bill, motion used for, ch 2 Sec. Sec. 5, 21
rejection of motion, effect of, ch 2 Sec. 9
En bloc amendments--
divisibility of, in House, ch 2 Sec. 30
House, consideration in, of amendments reported from Committee of
the Whole, ch 2 Sec. 45
points of order against, ch 2 Sec. 30
reading, amendments affecting portion of bill not reached in,
offered by unanimous consent, ch 2 Sec. 17
rejection of, does not preclude reoffering separately, ch 2 Sec. 44
special order of business, consideration en bloc pursuant to, see
SPECIAL ORDERS OF BUSINESS
unanimous consent, consideration en bloc by, ch 2 Sec. 30
``Fetch-back'' amendments--
(see also APPROPRIATION BILLS)
germane, must be, ch 2 Sec. 42
increasing amount in prior paragraph, amendment, must have
authorization, ch 2 Sec. 42
previous paragraphs, change amounts in, ch 2 Sec. 42
``First amendment adopted'' special order of business, consideration
of amendments in the nature of a substitute under, ch 2 Sec. 30
Forms of amendment, generally, ch 2 Sec. 1
Germaneness of, see GERMANENESS OF AMENDMENTS
House, amendments reported to, after adoption in Committee of the
Whole--
perfected form, reported in, ch 2 Sec. 45
perfecting amendments to section of bill not ordinarily reported
where section subsequently stricken, ch 2 Sec. 45
separate consideration in House of all amendments adopted may be
permitted by special order of business, ch 2 Sec. 45
House consideration of amendments reported from Committee of the
Whole--
amendment, amendments reported as subject to, ch 2 Sec. 45
en bloc amendments, ch 2 Sec. 45
inconsistencies, voted on notwithstanding, ch 2 Sec. 45
order of consideration where separate votes demanded, ch 2 Sec. 45
recommit with instructions, motion to, see RECOMMIT WITH
INSTRUCTIONS, MOTION TO
rejection of amendment, original text of bill is before House after,
ch 2 Sec. 46
rejection of motion to strike, effect of, ch 2 Sec. 46
separate vote may be demanded only on first-degree amendments in

[[Page 957]]

absence of special order of business, ch 2 Sec. 45
strike, motion to, effect of rejection of, ch 2 Sec. 46
voted on, all amendments are, ch 2 Sec. 45
Insert, motion to--
reinsert stricken language, not in order to, ch 2 Sec. 3
strike, motion to, may be pending at same time, ch 2 Sec. 3
vote on motion to insert taken before vote on motion to strike, ch 2
Sec. 3
Instructions to Clerk as to portion of text sought to be amended, ch 2
Sec. 1
``King of the Hill'' special order of business, ch 2 Sec. 30; ch 52
Sec. 6
Modification of amendment by proponent by unanimous consent, ch 2
Sec. Sec. 1, 12, 37
Modification of amendment that has been made in order by special order
of business, ch 2 Sec. 37
Motions that have precedence over motion to amend, ch 2 Sec. 9
Motions that may be amended, ch 2 Sec. 10
Motions that may not be amended, ch 2 Sec. 10
Negating proposition previously adopted, amendment as, ch 2 Sec. 38
Numbering amendments printed in Record, ch 2 Sec. 27
Order of consideration in Committee of the Whole, changing, not
permitted if requiring material modification of special order of
business, see SPECIAL ORDERS OF BUSINESS
Offering amendments--
amendment to amendment must be offered before vote on underlying
amendment, ch 2 Sec. 28
number and form of permissible amendments, ch 2 Sec. Sec. 13, 14
order of, ch 2 Sec. Sec. 1, 13, 21
recognition, priorities in, ch 2 Sec. 20
sponsorship of, ch 2 Sec. 1
substitute, amendment in nature of, ch 2 Sec. Sec. 7, 19
Order of offering amendments--
generally, ch 2 Sec. Sec. 1, 13, 21
Order of voting on amendments--
generally, ch 2 Sec. Sec. 1, 28
committee amendments, ch 2 Sec. 28
insert, motion to, voted on before motion to strike, ch 2 Sec. 3
new sections, amendments proposing to insert, considered after
perfecting amendments to a section, ch 2 Sec. 31
perfecting amendments, no degrees of preference among, ch 2 Sec. 31
perfecting amendments voted on before motion to strike, ch 2
Sec. Sec. 2-5, 21, 22, 31
special order of business, as affected by, ch 2 Sec. 28
substitute, amendment in nature of, voted on after perfecting
amendments to original text, ch 2 Sec. 32
substitute, immediate vote on amendment in nature of, after adoption
of substitute therefor, ch 2 Sec. 32
Pending amendments, number and form of, permitted, ch 2 Sec. Sec. 13,
14
Perfecting amendments--
adoption of, effect of, ch 2 Sec. Sec. 38, 39
amendment to amendment, ch 2 Sec. Sec. 1, 2, 13
insert, motion to, ch 2 Sec. Sec. 2, 3
strike and insert, motion to, ch 2 Sec. Sec. 2, 4, 23
text, amendment to, ch 2 Sec. Sec. 1, 2, 13, 21
Points of order against, see, generally, POINTS OF ORDER (see also
specific topics, e.g., GERMANENESS OF AMENDMENTS)

[[Page 958]]

Preambles, amendments to--
joint resolutions, preambles of, ch 2 Sec. 48
resolutions, simple or concurrent, preambles of, ch 2 Sec. 48
Precedence of motion to amend, ch 2 Sec. 9
Previous question, ordering, on pending measure or amendment thereto,
see PREVIOUS QUESTION
Previous question, precedence of, over motion to amend, ch 2 Sec. 9
Pro forma amendments, see DEBATE
Proponent of pending amendment may offer amendment to substitute
therefor, ch 2 Sec. 37
Reading amendments--
dispensing with reading by unanimous consent, motion, or special
order of business, ch 2 Sec. 27
rereading amendments, ch 2 Sec. 27
substitute, amendment in nature of, ch 2 Sec. 27
Reading bill for amendment--
appropriation bills, general, see APPROPRIATION BILLS
Clerk ordinarily reads by sections or paragraphs in sequence in
absence of rule or agreement to contrary, ch 2 Sec. 15
committee amendments considered when appropriate section read, ch 2
Sec. 17
dispensing with reading, ch 2 Sec. 15
en bloc amendments affecting subsequent portion offered by unanimous
consent, ch 2 Sec. 17
en bloc amendments to appropriations bill, rule governing, ch 2
Sec. 17
general debate, amendments not in order in Committee of the Whole
until after closing of, ch 2 Sec. 15
new section, amendment offered as, ch 2 Sec. 16
offering amendments at proper point in the reading, ch 2 Sec. 15
open to amendment, bill considered as read and, by unanimous consent
or special order of business, ch 2 Sec. 18
paragraphs or sections in sequence, Clerk ordinarily reads by, in
absence of rule or agreement to contrary, ch 2 Sec. 15
passed in reading, text, amendments to, ch 2 Sec. 16
reread portion of bill, Chair has directed Clerk to, ch 2 Sec. 16
sections or paragraphs in sequence, Clerk ordinarily reads by, in
absence of rule or agreement to contrary, ch 2 Sec. 15
timeliness, point of order as to, does not lie where Member offering
amendment was seeking recognition in time, ch 2 Sec. 16
Record, Congressional, special order of business permitting only
amendments as printed in, see SPECIAL ORDERS OF BUSINESS
Recognition to offer--
Chair, discretion of, ch 2 Sec. 20
Chair, recognition rests with, ch 2 Sec. 20
committee amendments considered before amendments offered from
floor, ch 2 Sec. Sec. 20, 29
discretion of Chair, ch 2 Sec. 20
priorities in recognition, ch 2 Sec. 20
requirement of, ch 2 Sec. 20
Rejection of amendment, effect of previous consideration--
different language, amendment raising same question by, may be in
order, ch 2 Sec. 44
en bloc amendments, rejection of, does not preclude reoffering
separately, ch 2 Sec. 44
form, amendment in different, may be in order, ch 2 Sec. 44
identical amendment not in order, ch 2 Sec. 44

[[Page 959]]

monetary figure, rejection of change in, does not preclude further
amendment, ch 2 Sec. 44
portion of rejected amendment may be offered as separate amendment,
ch 2 Sec. 44
similar but not identical amendment may be in order, ch 2 Sec. 44
substitute amendment, rejection of, does not preclude offering
substance as separate amendment, ch 2 Sec. 44
Reoffering amendment in different form after it has failed of
approval, ch 2 Sec. Sec. 6, 24
Self-executing amendments, see SPECIAL ORDERS OF BUSINESS
Senate amendments, see SENATE AMENDMENTS
Senate measures, House amendments to, see SENATE MEASURES, HOUSE
AMENDMENTS TO
Special order of business authorizing proponent or designee to offer
amendment, see SPECIAL ORDERS OF BUSINESS
Stages of amendment, ch 2 Sec. Sec. 13, 14
Strike and insert, motion to--
divisible, not, ch 2 Sec. Sec. 4, 22, 23
perfecting amendment, considered as, ch 2 Sec. Sec. 4, 23
strike, effect of pending or subsequent motion to, ch 2 Sec. Sec. 4,
5
voted on before motion to strike, ch 2 Sec. Sec. 4, 23, 31
Strike, motion to--
adoption of amendment inserting provision does not preclude motion
to strike larger portion of text including provision, ch 2
Sec. 39
adoption of amendment to portion of text does not preclude vote on
motion to strike entire text, ch 2 Sec. 39
adoption of, effect of, ch 2 Sec. Sec. 5, 40
defeat of, effect of, ch 2 Sec. Sec. 21, 44
insert, motion to, may be pending at same time, ch 2 Sec. 3
perfecting amendment may be pending at same time, ch 2 Sec. Sec. 2,
3, 13, 14, 21
perfecting amendments to section vitiated by adoption of motion to
strike section, ch 2 Sec. 40
perfecting amendments voted on before motion to strike, ch 2
Sec. Sec. 2-5, 21, 31
previously adopted amendment, not in order to strike, ch 2 Sec. 39
reinsert stricken language, not in order to, ch 2 Sec. 3
rejection, effect of, ch 2 Sec. Sec. 21, 44
rejection of, does not preclude motion to strike same language and
insert new provision, ch 2 Sec. 44
strike and insert, adoption of motion to, precludes vote on motion
to strike affected portion, ch 2 Sec. 40
substitute for, not in order, ch 2 Sec. 6
substitute for perfecting amendment, not in order as, ch 2
Sec. Sec. 6, 22, 23
Substitute amendments--
generally, ch 2 Sec. Sec. 1, 13, 14, 24
amendment in nature of substitute, distinguished from, ch 2 Sec. 7
amendment in nature of substitute, substitute for, in order, ch 2
Sec. Sec. 24, 32
amendments to, number of, permitted to be pending, ch 2
Sec. Sec. 13, 14
germane to pending amendment, must be, ch 2 Sec. 6
identical to original text sought to be changed, language may not
be, ch 2 Sec. 6
proponent of amendment may not offer substitute therefor, ch 2
Sec. 6
reoffering substitute amendment after defeat is not permitted except
in

[[Page 960]]

form presenting question not previously voted on, ch 2 Sec. 24
strike, substitute for motion to, not in order, ch 2 Sec. Sec. 6, 23
text, original, not a substitute for, ch 2 Sec. 24
Substitute, amendments in nature of--
adoption, effect of, ch 2 Sec. 7
amendments permitted while amendment in nature of substitute
pending, ch 2 Sec. 13
committee amendments adding new sections disposed of prior to
offering of, if bill consists only of one section, ch 2 Sec. 19
``first amendment adopted'' special order of business, ch 2 Sec. 30
form, ch 2 Sec. 7
offered after reading of first section or final section of bill, ch
2 Sec. Sec. 7, 19
open to amendment at any point when read in entirety, ch 2 Sec. 27
original text, sometimes considered as, for purpose of amendment, ch
2 Sec. Sec. 13, 14
original text, procedure when considered as, for purpose of
amendment, ch 2 Sec. 27
perfecting amendments to first section of bill disposed of before
amendment in nature of substitute offered, ch 2 Sec. 21
perfecting amendments to original text, effect of adoption of, ch 2
Sec. 19
perfecting amendments to original text may be offered although
amendment in nature of substitute pending, ch 2 Sec. 13
reading of, ch 2 Sec. 27
scope of, ch 2 Sec. 7
substitute amendment, distinguished from, ch 2 Sec. 7
substitute for, ch 2 Sec. 24
text of entire bill, amendment generally replaces, ch 2 Sec. 7
voted on after perfecting amendments to original text disposed of,
ch 2 Sec. Sec. 7, 13, 32
Substitute, amendments to--
generally, ch 2 Sec. Sec. 1, 13, 14
Text of bill, amendments changing--
original text, perfecting amendment to, may be offered although
amendment in nature of substitute pending, ch 2 Sec. 13
perfecting amendments, ch 2 Sec. Sec. 1, 2, 13, 21
strike text, motion to, voted on after perfecting amendments to
text, ch 2 Sec. 21
substitute amendment may not propose language identical to original
text, ch 2 Sec. 6
Title of bill, amendment to--
Committee of the Whole, not in order in, ch 2 Sec. 48
passage of bill, not in order until after, ch 2 Sec. 48
``Top vote getter'' special order of business, reporting amendments to
House under, ch 2 Sec. 30
Unfunded mandates, points of order against amendments containing, see
BUDGET PROCESS
Voting on amendments, order of--
generally, ch 2 Sec. Sec. 1, 28
committee amendments, ch 2 Sec. 28
insert, motion to, voted on before motion to strike, ch 2 Sec. 3
new sections, amendments proposing to insert, considered after
perfecting amendments to a section, ch 2 Sec. 31
perfecting amendments, no degrees of preference among, ch 2 Sec. 31
perfecting amendments voted on before motion to strike, ch 2
Sec. Sec. 2-5, 21, 22, 31

[[Page 961]]

special order of business, as affected by, ch 2 Sec. 28
substitute, amendment in nature of, voted on after perfecting
amendments to original text, ch 2 Sec. 32
substitute for amendment voted on after amendments to amendment
disposed of, ch 2 Sec. 32
substitute, immediate vote on amendment in nature of, after adoption
of substitute therefor, ch 2 Sec. 32
Withdrawal of amendment--
Committee of the Whole, in, ch 2 Sec. 36; ch 59 Sec. 1
House or House as in Committee of the Whole, in, ch 2 Sec. 36; ch 59
Sec. 1
reoffering amendment after, ch 2 Sec. 36; ch 59 Sec. 1
unanimous consent required in Committee of the Whole, ch 2 Sec. 36;
ch 59 Sec. 1
Writing, requirement that amendment be in, ch 2 Sec. 1
Yield for amendment, Member holding floor under five-minute rule may
not, ch 2 Sec. 20
Yielding for amendment in House--
control of time, effect on, ch 2 Sec. 25
debate only, amendment may not be offered in time yielded for, ch 2
Sec. 25
permitted, ch 2 Sec. 25

APPEALS

Adjournment, effect of, ch 3 Sec. 7
Chair, on rulings of--
constitutionality of measure assessed by vote on merits, ch 3 Sec. 3
discretionary authority of Chair, matters within, not subject to
appeal, ch 3 Sec. 3
order, on questions of, ch 3 Sec. 2
rule, applicable, ch 3 Sec. 2
Committee of the Whole, appeals in, rarely reported to House, ch 12
Sec. 18
Conferees, appointment of, see CONFEREES OR MANAGERS
Debate on, ch 3 Sec. Sec. 1, 4
Dilatory, as, ch 3 Sec. 3
Division of the question, see DIVISION OF THE QUESTION FOR VOTING
Motions available during appeal--
Committee of the Whole, in, ch 3 Sec. 1
House, in, ch 3 Sec. 1
limit debate, ch 3 Sec. 1
previous question, ch 3 Sec. 1
rise and report, ch 3 Sec. 1
table, ch 3 Sec. 1
Order, on questions of, ch 3 Sec. 2
Origin of right of appeal, ch 3 Sec. 1
Parliamentary inquiry, response to, not subject to appeal, ch 37
Sec. 13
Points of order, on--
generally, ch 37 Sec. 12
Committee of the Whole, Chair of, appeal of ruling by, ch 37 Sec. 12
discretion of Chair, matters within, ch 37 Sec. 12
Purpose of right of appeal, ch 3 Sec. 1
Timeliness of, ch 3 Sec. 3
Unfinished business, as, ch 3 Sec. 7
Vote on--
Chair's vote, ch 3 Sec. 1
merits of pending question not in issue, ch 3 Sec. 1
tie vote, effect of, ch 3 Sec. 1
Withdrawal of, ch 3 Sec. 6; ch 59 Sec. 4

APPROPRIATION BILLS

Administrative expenses of House, ch 4 Sec. 4
Annual appropriations--
obligated during fiscal year, funds must be, ch 4 Sec. 9
Authorization--
court judgment, appropriation to pay, ch 4 Sec. 12

[[Page 962]]

defined, ch 4 Sec. Sec. 5, 10
discretion of official, specific, appropriation as affecting, see
LEGISLATION ON APPROPRIATION BILLS
implied, ch 4 Sec. 12
incidental expenses as authorized, ch 4 Sec. 12
increases within authorized limits, ch 4 Sec. 14
limits, authorized, increases within, ch 4 Sec. 14
``necessary, such sums as are,'' authorization allowing, ch 4
Sec. 14
necessity of, generally, ch 4 Sec. Sec. 5, 10
prior unauthorized appropriations, effect of, ch 4 Sec. 12
proof, burden of, as to authorization, see APPROPRIATIONS,
UNAUTHORIZED
rulings on appropriations subjected to points of order, see
APPROPRIATIONS, UNAUTHORIZED
sufficiency and modes of authorization, ch 4 Sec. 12
types and sufficiency of authorization, ch 4 Sec. 12
unauthorized appropriations, see APPROPRIATIONS, UNAUTHORIZED
Aviation programs, funding floors for, ch 4 Sec. 59a
Budget authority to incur obligations, appropriation as providing, ch
4 Sec. 3
Committee of the Whole, consideration in--
(see also COMMITTEE OF THE WHOLE)
determining whether bill makes charge on Treasury, ch 4 Sec. 61
read for amendment by paragraph, general appropriation bills are, ch
4 Sec. 63
required where bill directly or indirectly makes appropriation, ch 4
Sec. 61
Committee reports, see COMMITTEE REPORTS
Conditions or contingencies, provisions attaching, to appropriations,
see below, Limitation on use of funds (see also LEGISLATION ON
APPROPRIATION BILLS)
Constitutional prerogatives of House, see REVENUE LEGISLATION,
PREROGATIVE OF HOUSE TO ORIGINATE
Continuing appropriations--
consideration pursuant to special order of business, unanimous-
consent agreement, or motion to suspend rules, ch 4 Sec. 75
defined, ch 4 Sec. 3
general appropriation bill, not considered as, ch 4 Sec. 72
legislation or unauthorized appropriations, rule prohibiting, not
applied to continuing appropriations, ch 4 Sec. 72
privileged, not called up as, ch 4 Sec. 72
Debate on--
five-minute rule, general appropriation bills considered under, ch 4
Sec. 63
Enrollment, correction in, see ENROLLMENT
Expenses, administrative, of House, ch 4 Sec. 4
Expenses of committees, see COMMITTEES, STANDING
Fiscal year, defined, ch 4 Sec. 9
Fiscal year, funds available beyond, must be expressly provided for,
ch 4 Sec. Sec. 9, 11
Floors, funding--
aviation programs, ch 4 Sec. 59a

[[Page 963]]

Transportation Equity Act, under, ch 4 Sec. 59a
General appropriations--
authorization required, see APPROPRIATIONS, UNAUTHORIZED
defined, ch 4 Sec. Sec. 3, 6
Holman rule, reducing amounts in bill under, see LEGISLATION ON
APPROPRIATION BILLS
legislation on appropriation bills, see LEGISLATION ON APPROPRIATION
BILLS
privileged, as, ch 4 Sec. Sec. 3, 61
read for amendment by paragraph, ch 4 Sec. 63
reappropriations, see below
report on bill, filing, ch 4 Sec. 3
supplemental bill as general bill, ch 4 Sec. 3
Germaneness of amendments, see GERMANENESS OF AMENDMENTS
House as in Committee of the Whole, consideration in--
special order of business, pursuant to, ch 4 Sec. 61
House, consideration in, after amendments adopted in Committee of the
Whole are reported--
separate votes on amendments, ch 4 Sec. 63
Legislation on appropriation bills, see LEGISLATION ON APPROPRIATION
BILLS
Legislative bill, appropriation on, see APPROPRIATION ON LEGISLATIVE
BILL
Limitation on use of funds--
agency regulations, funds to carry out, ch 4 Sec. 52
authorized or unauthorized by existing law, discussion of amendments
as, ch 4 Sec. Sec. 50, 64
burden of proof that provision is permissible limitation, ch 4
Sec. 50
condition subsequent, provision that spending cease upon occurrence
of, ch 4 Sec. 56
considered, when amendments in form of limitations may be, ch 4
Sec. 50
construction, strict, of rule permitting, ch 4 Sec. 50
contingent on future event, appropriation made, ch 4 Sec. 56
discretion of official, limitation may indirectly curtail, ch 4
Sec. 53
exceptions to valid limitations are in order if they do not add
legislative language, ch 4 Sec. 57
increase in spending, purported limitation which results in, see
LEGISLATION ON APPROPRIATION BILLS
law, interpretation or implementation of, limitation as calling for,
ch 4 Sec. 55
law, State, conditions relating to interpretation of, ch 4 Sec. 57
legislation, limitation as, see LEGISLATION ON APPROPRIATION BILLS
``made known'' to officials, funds made available on condition
information be, see LEGISLATION ON APPROPRIATION BILLS
negative prohibition on use of funds distinguished from affirmative
direction to officials, ch 4 Sec. 54
negative restriction or limitation as permitted, ch 4 Sec. Sec. 34,
50, 51
offered, when amendments may be, ch 4 Sec. Sec. 50, 64
partial restriction, ch 4 Sec. 52
policy, limitation may effect change in, ch 4 Sec. 50
recipients, qualifications of, limitation addressing, ch 4 Sec. 58

[[Page 964]]

reducing amount in bill, amendment, distinguished from limitation
for purpose of rules governing consideration, ch 4 Sec. 64
regulations, agency, funds to carry out, ch 4 Sec. 52
retrenchment under Holman rule distinguished from, see LEGISLATION
ON APPROPRIATION BILLS
revenue measure, determining whether ``limitation'' constitutes, ch
4 Sec. 50
rulings, illustrative, permitting limitations on particular uses, ch
4 Sec. 52
tax or tariff measure, determining whether ``limitation''
constitutes, ch 4 Sec. 50
tests to determine whether provision constitutes permissible
limitation, ch 4 Sec. 50
total expenditures, ceiling on, ch 4 Sec. 51
transportation obligation limitations, ch 4 Sec. 52
Monetary figures agreed to, changes in--
``Fetchback'' amendments changing amounts in previous paragraphs, ch
2 Sec. 42
specific sum in amendment previously adopted may not be directly
amended, ch 2 Sec. 42
unanimous consent, changing figures by, ch 2 Sec. 43
Permanent appropriations, current action by Congress with respect to,
ch 4 Sec. Sec. 9, 11
Points of order--
amendments, against, ch 4 Sec. 67
Committee on Appropriations, division of allocation among
subcommittees of, consideration of appropriation prior to, ch 7
Sec. 9
necessity of, for enforcement of rule prohibiting unauthorized
appropriations and legislation on appropriation bills, ch 4
Sec. 27
paragraph, against all or portion of, ch 4 Sec. 67
reservation of, against amendments, ch 4 Sec. 65
reservation of, against bill, no longer necessary at time bill
referred to Union Calendar, ch 4 Sec. 65
timeliness, ch 4 Sec. 66
waiver of (see also SPECIAL ORDERS OF BUSINESS; SUSPENSION OF
RULES), ch 4 Sec. 68
Privileged status--
general appropriations, ch 4 Sec. 61
special appropriations not privileged, ch 4 Sec. 61
Reading for amendment--
new section, inserting, ch 4 Sec. 63
paragraphs, general appropriation bills read by, ch 4 Sec. 63; ch 12
Sec. 13
passed in reading, paragraph, amendment to, ch 4 Sec. 63
sections, bill appropriating for specific purpose read by, ch 4
Sec. 63
Reappropriations--
agency or department for which original funds were appropriated,
transfers of unexpended balances within, as permitted, ch 4
Sec. 60
authorizing legislation as permitting reappropriations in some
instances, ch 4 Sec. 60
exceptions to prohibition, ch 4 Sec. 60
general appropriation bills, rule prohibiting reappropriations is
limited to, ch 4 Sec. 60
prior acts, unobligated balances of funds appropriated in, language
making available, ch 4 Sec. 60
transfers of funds distinguished, ch 4 Sec. 60

[[Page 965]]

works in progress exception, ch 4 Sec. 60
Report, committee, see COMMITTEE REPORTS
Rescissions, ch 4 Sec. 35
Revenue bills, power to originate, as encompassing appropriations, see
REVENUE LEGISLATION, PREROGATIVE OF HOUSE TO ORIGINATE
Special appropriations--
defined, ch 4 Sec. 3
single department or agency, measure making appropriation for, not
privileged, ch 4 Sec. 74
Supplemental appropriations--
consideration of, in House as in Committee of the Whole, ch 4
Sec. 75
defined, ch 4 Sec. 3
general appropriation bills, considered as, where making
appropriations for diverse agencies, ch 4 Sec. 73
Three-day layover requirement before consideration of bill--
counting of ``calendar days,'' ch 4 Sec. 62
waiver of, ch 4 Sec. 62
Timetable for consideration of annual appropriation bills, ch 7 Sec. 3
Transfer of funds--
legislation, language may not include, see LEGISLATION ON
APPROPRIATION BILLS
same bill, direct transfer within, may be permitted, ch 4 Sec. 36
Transportation obligations, funding floors for, ch 4 Sec. 59a
Trust funds, funds for, as permanent appropriations, ch 4 Sec. 9
Unauthorized appropriations, see APPROPRIATIONS, UNAUTHORIZED
Voting on--
separate vote in House on amendments adopted in Committee of the
Whole, ch 4 Sec. 63
yeas and nays automatically ordered, ch 4 Sec. 61

APPROPRIATION ON LEGISLATIVE BILLS

Amendments to bill, prohibition applies to, ch 4 Sec. 76; ch 6 Sec. 20
Authorization, language of, distinguished from appropriation, ch 4
Sec. 77
Discharge, motion to, rule not applicable to bill taken from committee
by, ch 4 Sec. 76
Points of order--
``at any time,'' may be made, ch 2 Sec. 34
Committee of the Whole, should be raised in, ch 4 Sec. 78
debate on merits, may be raised after, ch 4 Sec. 78
portion of section, as directed against, ch 4 Sec. 79
reporting of bill, not to be raised against, ch 4 Sec. 78
timeliness, ch 2 Sec. 34; ch 4 Sec. 78
waiver of, ch 4 Sec. 78
Private bills, rule not applicable to, ch 4 Sec. 76
Reported bills, rule relates to, ch 4 Sec. 76
Rule prohibiting, ch 4 Sec. 76
Rulings, illustrative, in application of rule, ch 4 Sec. 77
Senate amendment to legislative bill, see CONFERENCE REPORTS
Senate bills or amendments between Houses, rule applicable to, ch 4
Sec. 76

[[Page 966]]

APPROPRIATIONS, COMMITTEE ON, SEE COMMITTEES, JURISDICTION OF;
COMMITTEES, STANDING

APPROPRIATIONS, UNAUTHORIZED

Agricultural programs, rulings on points of order against
appropriations for, ch 4 Sec. 16
Amending language permitted to remain, see below, Perfecting provision
permitted to remain
Commerce or business, rulings on points of order against
appropriations affecting, ch 4 Sec. 17
Defense programs, rulings on points of order against appropriations
for, ch 4 Sec. 18
Delaying appropriation ``pending authorization'' does not prevent
point of order, ch 4 Sec. 10
District of Columbia, rulings on points of order against funding for,
ch 4 Sec. 19
Environmental programs, rulings on points of order against
appropriations for, ch 4 Sec. 20
Exceeding amount authorized, appropriation as, ch 4 Sec. 14
Foreign affairs, rulings on points of order against appropriations
relating to, ch 4 Sec. 21
General appropriation bills, rule applies to, ch 4 Sec. 10
Increases of budget authority in excess of amount authorized, ch 4
Sec. 14
Interior or environmental programs, rulings on points of order against
appropriations for, ch 4 Sec. 20
Legislative branch, rulings on points of order against funding for, ch
4 Sec. 22
Perfecting provision permitted to remain, test of whether amendment
``merely perfects,'' ch 4 Sec. 69
Prior unauthorized appropriations, effect of, ch 4 Sec. 12
Precede appropriation, authorization must, ch 4 Sec. 10
Proof, burden of, as to authorization--
executive officials, compliance by, with conditions or requirements,
ch 4 Sec. 13
proponent of amendment, ch 4 Sec. 13
proponent or manager of bill, ch 4 Sec. 13
Public works, rulings on points of order against funding for (see also
below, ``Works-in-progress'' exception), ch 4 Sec. 24
Rule prohibiting, ch 4 Sec. Sec. 7, 10
Rulings on appropriations subjected to points of order, generally (and
see specific subject matter), ch 4 Sec. 15
Salaries and benefits, rulings on points of order against
appropriations relating to, ch 4 Sec. 23
Senate amendments, see SENATE AMENDMENTS
Sufficiency and modes of authorization, ch 4 Sec. 12
``Works-in-progress'' exception--
applicability of, generally, ch 4 Sec. 25
definition of ``work in progress,'' ch 4 Sec. 26
evidence of initiation of project, ch 4 Sec. 25
initiation of project, evidence as to, ch 4 Sec. 25
lapsed, not applicable where authorization has, ch 4 Sec. 25
reappropriations, see APPROPRIATION BILLS
rulings as to whether particular projects were within exception, ch
4 Sec. 26

ASSEMBLY OF CONGRESS

Clerk, duties of, ch 5 Sec. 4
Day of convening--
appointment of day by joint resolution, ch 5 Sec. 1
constitutional provisions, ch 5 Sec. 1
emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3

[[Page 967]]

President's authority exercised on extraordinary occasions, ch 5
Sec. 1
pro forma meetings at end of session, ch 5 Sec. 1
recall pursuant to adjournment resolution, ch 5 Sec. 1
Hour of meeting, establishing--
adjourn to day and time certain, effect of motion to, ch 5 Sec. 2
changing hour of meeting, ch 5 Sec. 2
emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3
privileged, initial resolution as, ch 5 Sec. 2
resolution, House may set hour by, ch 5 Sec. 2
standing order, effect of, ch 5 Sec. 2
Legislative business, resumption of--
consideration of major bill rarely occurs before adoption of rules,
ch 5 Sec. 8
old business pending at adjournment of preceding session is resumed
in second or third session but not in new Congress, ch 5 Sec. 8
President's state of the Union message, resumption of legislative
business usually occurs after, ch 5 Sec. 8
Members-elect, see CREDENTIALS; MEMBERS AND MEMBERS-ELECT; OATH
Motions in order prior to adoption of rules, ch 5 Sec. 7
Oath to Members-elect, see OATH
Parliamentary law, general, prior to adoption of rules House proceeds
under, ch 5 Sec. 7
Place of meeting--
consent of other House as necessary to change, ch 5 Sec. 3
constitutional provision, ch 5 Sec. 3
in hazardous circumstances, ch 5 Sec. 3
President, committee to notify, that House has assembled, ch 5 Sec. 4
Procedures under general parliamentary law prior to adoption of rules,
ch 5 Sec. 7
Quorum, establishment of, ch 5 Sec. Sec. 4, 5
Rules, adoption of, see RULES OF THE HOUSE
Rules, prior to adoption of, House proceeds under general
parliamentary law, ch 5 Sec. 7
Second session, organizational business at beginning of, ch 5 Sec. 5
Senate, message to, that quorum of House established, ch 5 Sec. 4
Sergeant at Arms, role of, upon incapacity of Clerk, ch 5 Sec. 4
Speaker, election of, ch 5 Sec. 4

BELLS AND SIGNALS

Changes in system announced, ch 10 Sec. 3
Malfunctions, ch 10 Sec. 3; ch 58 Sec. 20
Meaning of the various signals, ch 58 Sec. 20
Quorum calls, used to alert Members to, ch 10 Sec. 3; ch 58 Sec. 20
Voting alerts (see also VOTING), ch 58 Sec. 20

BILLS AND RESOLUTIONS

Availability of report for three days, see COMMITTEE REPORTS
Availability in electronic form, ch 11, Sec. 35
Committee reports, see COMMITTEE REPORTS
Concurrent resolutions, use of, ch 6 Sec. 1
Enacting clause, form of, ch 6 Sec. 3
Engrossment, see ENGROSSMENT
Enrollment, see ENROLLMENT
Form, ch 6 Sec. 3
Hopper, introduced by placing in, ch 6 Sec. 6
Introduction of--
hopper, placed in, ch 6 Sec. 6
limit, no, on number of bills Member may introduce, ch 6 Sec. 6

[[Page 968]]

``request,'' bills introduced by, ch 6 Sec. 6
Joint resolutions, use of, ch 6 Sec. 1
Layover requirement, see COMMITTEE REPORTS
Legislation, general, bills used for purposes of, ch 6 Sec. 1
Page and line numbers--
generally, ch 6 Sec. 3
changes after amendments, ch 6 Sec. 3
Preambles--
amendments to, ch 6 Sec. 5
striking preamble, ch 6 Sec. 5
use of, ch 6 Sec. Sec. 3, 5
Private bills, see PRIVATE BILLS
Prohibited, certain measures as--
(see also specific topics, e.g., COMMEMORATIVE LEGISLATION,
PROHIBITION A-
GAINST)
commemorations, ch 6 Sec. 23
funding below specified level for transportation programs, ch 6
Sec. 20
public works, designation of, in honor of currently serving Members
of Congress, ch 6 Sec. 22
tax or tariff measure in bill reported by committee other than Ways
and Means, ch 4 Sec. 50; ch 6 Sec. 21
tax rate increase, retroactive, ch 6 Sec. 21
``Public'' and ``private'' bills defined, ch 6 Sec. 2
Reading for amendment in Committee of the Whole, see AMENDMENTS;
COMMITTEE OF THE WHOLE
Reference, bills enacted by, see CONFERENCE
Referral of, see REFERRAL OF BILLS, RESOLUTIONS, AND OTHER MATTER
Resolving clauses, form of, ch 6 Sec. 3
Section headings and subheadings, ch 6 Sec. 3
Simple resolutions, use of, ch 6 Sec. 1
Speaker, first ten numbers reserved for assignment by, ch 6 Sec. 6
Sponsors and cosponsors--
adding names of cosponsors, ch 6 Sec. 6
cosponsors, adding names of, ch 6 Sec. 6
error in listing of name, ch 6 Sec. 6
falsely introduced in Member's name, question of privilege arises
where bill is, ch 6 Sec. 6
removal of name, ch 6 Sec. 6
signature of chief sponsor required, ch 6 Sec. 6
Titles--
constitutional amendment, bill proposing, ch 6 Sec. 4
enacted statute, not considered part of, ch 6 Sec. 4
form, ch 6 Sec. 4
intent, legislative, evidence of, ch 6 Sec. 4
number, identifying, added, ch 6 Sec. 3

BUDGET PROCESS

Allocations to committees--
Appropriations, Committee on, divides allocation among
subcommittees, ch 7 Sec. 12
point of order for breach of outlay or revenue level precluded where
committee is within its allocation, ch 7 Sec. 12
Balanced Budget and Emergency Deficit Control Act, see below, Gramm-
Rudman legislation
Borrowing authority not subject to appropriations as violation of
Budget Act, ch 7 Sec. 15
Budget and Accounting Act of 1921, passage of, ch 7 Sec. 2
Budget Control Act of 2011--
background, ch 7 Sec. Sec. 1, 24
balanced budget amendment, vote on required by, ch 7 Sec. 24

[[Page 969]]

debt limit, relationship to, ch 7 Sec. 24
discretionary spending caps under, ch 7 Sec. 24
emergency designations under, see below, Emergency designation
attached to funds in bill
Joint Select Committee on Deficit Reduction, ch 7 Sec. 24; ch 11
Sec. 14
Budget Enforcement Act, passage of, ch 7 Sec. 2
``Byrd rule'' against extraneous matter, see below, Reconciliation
Committee on the Budget--
estimates by, to be relied on by Chair in ruling on points of order,
ch 7 Sec. 12
jurisdiction, ch 7 Sec. 5
Committee on Rules--
oversight function of review of budget process, ch 7 Sec. 5
Committee reports--
estimates, cost, required in, see below, Estimates required in
committee reports
Concurrent resolution on the budget--
adoption of, must precede consideration of legislation affecting
budget, ch 7 Sec. 10
amendments, consideration of, ch 7 Sec. Sec. 7, 8
categories, functional, dividing Federal spending among, ch 7
Sec. Sec. 7, 8
Committee of the Whole, consideration in, ch 7 Sec. Sec. 7, 8
conference report on budget resolution, see below, Conference report
on budget resolution
consideration, providing for, ch 7 Sec. 7
consistency, mathematical, among amendments, ch 7 Sec. 8
debate on, ch 7 Sec. 7
``elastic'' clause permitting provisions appropriate to purposes, ch
7 Sec. 7
fiscal years, succeeding, budgetary levels for, ch 7 Sec. 7
mathematical consistency amendments, ch 7 Sec. 8
priorities, spending, establishes, ch 7 Sec. 7
privileged for consideration if reported, ch 7 Sec. 7
recommit, motion to, not in order, ch 7 Sec. 7
reconsider, motion to, not in order, ch 7 Sec. 7; ch 47 Sec. 12
revision of, ch 7 Sec. 6
special orders of business for consideration, ch 7 Sec. 7
time for completion of action on, ch 7 Sec. 6
vote by yeas and nays, ch 7 Sec. 7
Conference report on budget resolution--
allocations to committees published in joint statement of managers,
ch 7 Sec. 12
debate on, ch 7 Sec. 9
Congressional Budget Act--
concurrent resolution on budget, adoption of, to precede legislation
affecting budget, ch 7 Sec. 10
concurrent resolutions and reports, contents of, prescribed, ch 7
Sec. 7
Congressional Budget Office, see below, Congressional Budget Office
debate on concurrent resolution, provisions regarding, see above,
Concurrent resolution on the budget
``elastic'' clause permitting provisions appropriate to purposes, ch
7 Sec. 7
passage of, ch 7 Sec. 2
points of order created by, see below, Points of order under Budget
Act
reconciliation procedures, see below, Reconciliation

[[Page 970]]

Congressional Budget Office--
analyses of economic data and programs, ch 7 Sec. 5
committees, reports provided to, on congressional action on bills,
ch 7 Sec. 5
costs arising from bills and resolutions, analyses of, ch 7 Sec. 5
established, ch 7 Sec. 2
report, annual, to Budget Committees includes discussion of economic
policy and budget priorities, ch 7 Sec. 6
unfunded mandates, estimates related to, see below, Unfunded
mandates
Contract authority, new, required to be effective only as provided in
appropriation Acts, ch 7 Sec. 15
CUTGO--
estimates under, ch 7 Sec. 3
emergency designations under, ch 7 Sec. 3
reconciliation directives, application to, ch 7 Sec. Sec. 3, 11
special orders of business linking measures under, ch 7 Sec. 3
Debate, see above, Concurrent resolution on the budget
Debt, public, limit on--
amendment to budget resolution to change, restriction on, ch 7
Sec. 8
budget resolution sets forth appropriate level, ch 7 Sec. 18
changes in, ch 7 Sec. 18
reconciliation directives as to, ch 7 Sec. 18
``Deem'' budget resolution as in force, resolutions to, for purposes
of points of order, ch 7 Sec. 12
Deferrals--
congressional disapproval of, procedures for, ch 7 Sec. 21
defined, ch 7 Sec. 19
President's role in proposing deferral, ch 7 Sec. 21
purposes specified in law, ch 7 Sec. 21
report by Comptroller General of unauthorized deferral, ch 7 Sec. 21
veto, legislative, procedure held to be unconstitutional, ch 7
Sec. 21
Direct spending--
borrowing authority, new, ch 7 Sec. 15
contract authority, new, ch 7 Sec. 15
defined, ch 7 Sec. 14
entitlement authority, new, what constitutes, ch 7 Sec. 16
Gramm-Rudman restrictions on, ch 7 Sec. Sec. 14-16
Supplemental Nutrition Assistance Program, ch 7 Sec. Sec. 14, 16
Discharge bills providing certain new entitlement authority from Union
Calendar, Speaker's authority to, for referral to Committee on
Appropriations, ch 9 Sec. 7
Earmarks, see EARMARKS
Emergency designation attached to funds in bill--
effects generally, ch 7 Sec. 12
effects under the Budget Control Act of 2011, ch 7 Sec. 24
effects under the CUTGO rule, ch 7 Sec. 3
effects under Stat-Paygo, ch 7 Sec. 4
Entitlement authority, new, see above, Direct spending
Estimates by committees of new budget authority and outlays--
Budget, Committee on the, role of estimates provided by, ch 7
Sec. Sec. 3, 4, 12
time for reports, ch 7 Sec. 6
Estimates required in committee reports--
five-year cost estimates, ch 7 Sec. 5
new budget authority, effect of measure providing, ch 7 Sec. 5
point of order where report does not contain required estimates, ch
7 Sec. 5

[[Page 971]]

revenues, effect of change in, ch 7 Sec. 5
Fiscal year, defined, ch 7 Sec. 6
Floors, funding, for transportation obligations, see APPROPRIATION
BILLS
Germaneness, Senate rulings on, see SENATE, PRACTICE IN
Gramm-Rudman legislation--
deadlines for stages in budget process, provisions as to, ch 7
Sec. 6
deficit targets, ch 7 Sec. 2
direct spending, restrictions on, ch 7 Sec. 14
discretionary spending, limits on, ch 7 Sec. 14
emergency designation, see above, Emergency designation attached to
funds in bill
mandatory spending, restrictions on, ch 7 Sec. 14
passage of, ch 7 Sec. 2
provisions of, generally, ch 7 Sec. 2
sequestration under, see below, Sequestration
History, legislative, ch 7 Sec. 2
Impoundment--
congressional authorization, ch 7 Sec. 19
court rulings, ch 7 Sec. Sec. 19-21
deferral of budget authority, see above, Deferrals
passage of Impoundment Control Act, ch 7 Sec. 2
rescissions proposed by President, ch 7 Sec. 20
Line Item Veto Act--
constitution, held to violate presentment clause of, ch 57 Sec. 8
history and use, ch 57 Sec. 8
Office of Management and Budget--
creation of, ch 7 Sec. 2
President's budget, assistance in submission of, ch 7 Sec. 2
sequestration triggered by reports, see below, Sequestration
Stat-Paygo, responsibilities under, ch 7 Sec. 4
Oversight plans, submission of, by committees, ch 7 Sec. 6
PAYGO, see above, CUTGO; see below, Stat-Paygo
Points of order under Budget Act--
(see also POINTS OF ORDER)
affirmative assertion of, as necessary, ch 7 Sec. 2
allocations of committees, against legislation exceeding, ch 7
Sec. 2
allocation, where committee reporting measure is within, ch 7
Sec. 12
borrowing authority, new, ch 7 Sec. 15
conference reports, against, see CONFERENCE REPORT
consideration of budget subject matter, ch 7 Sec. 5
consideration of legislation affecting budget, adoption of
concurrent resolution on budget must precede, ch 7 Sec. 10
contract authority, new, ch 7 Sec. 15
direct spending, restrictions on, ch 7 Sec. Sec. 14-16
enforcement of Act's provisions, mechanism for, ch 7 Sec. Sec. 2, 12
emergency designation attached to funds, effect of, see above,
Emergency designation attached to funds in bill
entitlement authority, new, that becomes effective in current fiscal
year, ch 7 Sec. 16
estimates by Committee on the Budget, Chair to rely on, in making
rulings, ch 7 Sec. 12
new budget authority set forth in budget resolution, measures
exceeding, ch 7 Sec. 12
outlays exceeding level set forth in budget resolution, ch 7 Sec. 12

[[Page 972]]

revenues below levels set forth in budget resolution, measures
contemplating, ch 7 Sec. 12
rules of the House, provisions creating points of order are
considered, ch 7 Sec. 12
unfunded mandates, points of order against, see below, Unfunded
mandates
waivers of (see also SPECIAL ORDERS OF BUSINESS), ch 7 Sec. Sec. 10,
12
President, submission of budget by--
time for, ch 7 Sec. 6
Reconciliation--
``Byrd rule'' as to extraneous matter can be directed against matter
originating with House, ch 7 Sec. 11
committees, instructions to, to recommend changes in existing law to
achieve objectives, ch 7 Sec. 11
conferees, appointment of, see CONFEREES OR MANAGERS
CUTGO rule, application to, ch 7 Sec. Sec. 3, 11
debt, public, changes in limit on, ch 7 Sec. 18
deficit, restrictions on measures increasing, ch 7 Sec. 11
privileged, reconciliation bill may be reported as, ch 7 Sec. 11
special orders of business providing for consideration, ch 7 Sec. 11
timetable for completion of action on reconciliation legislation, ch
7 Sec. 6
Sequestration--
effect, ch 7 Sec. 14
modification of, ch 7 Sec. 14
President, role of, ch 7 Sec. 14
procedures, ch 7 Sec. 14
purpose, ch 7 Sec. 14
rescinded, order was, as part of reconciliation, ch 7 Sec. 14
suspension of, ch 7 Sec. 14
timing, ch 7 Sec. 14
trigger under the Budget Control Act of 2011, ch 7 Sec. 24
Social Security program--
exempt from reconciliation, ch 7 Sec. Sec. 2, 17
new budget authority, receipts and disbursements not counted as, ch
7 Sec. 17
Stat-Paygo--
background and history, ch 7 Sec. 4
determination of budgetary effects of legislation under, ch 7 Sec. 4
emergency designations under, ch 7 Sec. 4
Statutory framework, generally, ch 7 Sec. Sec. 2, 4, 24
Timetable for stages of budget process, ch 7 Sec. 6
Unfunded mandates--
committee responsibilities, ch 56 Sec. 3
Congressional Budget Act, purpose of provisions of, generally, ch 56
Sec. 1
Congressional Budget Act, provisions of, permitting points of order,
ch 7 Sec. 22
cost estimates, ch 56 Sec. 3
debate on points of order, ch 56 Sec. 5
definitions, ch 56 Sec. 2
estimates provided by Congressional Budget Office, ch 56 Sec. 3
intergovernmental mandate, ch 56 Sec. 2
points of order to prevent consideration of, ch 7 Sec. 22; ch 56
Sec. Sec. 1, 4
private sector mandate, ch 56 Sec. 2
waiver of points of order against, provisions restricting, ch 7
Sec. 19; ch 56 Sec. 5
vote on question of consideration, points of order disposed of by,
rather than by Chair's ruling, ch 56 Sec. 5

[[Page 973]]

Veto, line item, see above, Line Item Veto Act
Waiver of points of order under Budget Act, see above, Points of order
under Budget Act

CALENDARS

Committee action on measure, completion of, referral to calendar upon,
ch 9 Sec. 1
Correction of error in referral to calendar, ch 9 Sec. 3
Corrections Calendar--
Speaker's authority, ch 9 Sec. 5
vote, three-fifths, for passage of bills, ch 9 Sec. 5
Discharge Calendar, see DISCHARGING MEASURES FROM COMMITTEES
Discharge of bill from calendar--
referrals to committees, sequential, for purposes of, ch 9 Sec. 4
Erroneous referral to calendar, ch 9 Sec. 3
House Calendar--
bills not raising revenue or requiring appropriations referred to,
ch 9 Sec. 1
Private Calendar, see PRIVATE BILLS
Purpose generally, ch 16 Sec. 5
Referrals to calendars--
erroneous referral to calendar, ch 9 Sec. 3
reported favorably, measures, ch 9 Sec. 2
reported improperly, recommittal of measures, ch 9 Sec. 2
reported unfavorably, measures, ch 9 Sec. 2
Removal of bill from calendar--
referrals to committees, sequential, for purposes of, ch 9 Sec. 4
Union Calendar--
appropriating money or property, bills, referred to, ch 9 Sec. 1
Committee of the Whole, bills considered in, ch 9 Sec. 1
expenses to government, bills authorizing activities which incur, ch
9 Sec. 1
revenue, bills raising, ch 9 Sec. 1

CALENDAR WEDNESDAY

Amendments to bill, ch 8 Sec. 8
Authorization by committee to call up bill, ch 8 Sec. 6
Availability of bill and report, ch 8 Sec. 6
Business not in order during Calendar Wednesday procedures, ch 8
Sec. 2
Calling up bill under Calendar Wednesday procedure, ch 8 Sec. 1
Call of committees, procedure for calling up bills during, ch 8 Sec. 5
Committee, form of remarks by member in calling up bill at direction
of, ch 8 Sec. 1
Committee of the Whole, consideration in, ch 8 Sec. 3
Consideration, raising question of, ch 8 Sec. 7
Debate in Committee of the Whole, ch 8 Sec. 8
Debate in the House under hour rule, ch 8 Sec. 8
Dispensing with, ch 8 Sec. 11
Form of remarks used by member in calling up bill at direction of
committee, ch 8 Sec. 1
Precedence of Calendar Wednesday business, ch 8 Sec. Sec. 2, 4
Previous question--
adjournment after ordering, effect of, ch 8 Sec. 10
prior day's business, effect where previous question was ordered on,
ch 8 Sec. 10
Private bills not eligible, ch 8 Sec. 2
Privileged bills not eligible for consideration under Calendar
Wednesday procedures, ch 8 Sec. 2
Procedure for calling up bills during call of committees, ch 8
Sec. Sec. 1, 5

[[Page 974]]

Unfinished business, consideration of, on Calendar Wednesday, ch 8
Sec. 9
Unprivileged bills considered, ch 8 Sec. Sec. 1, 2
Withdrawal of bill after being called up, ch 8 Sec. 6

CALL OF THE HOUSE, see QUORUMS

CELLULAR TELEPHONES

Use of, prohibited in galleries, ch 10 Sec. 3

CENSURE OF MEMBER, see ETHICS

CHAMBER AND ROOMS OF HOUSE

Corridors leading to Chamber, control of, ch 10 Sec. 4
Disorder in Capitol, see DECORUM; DEBATE; GALLERIES
Galleries, see GALLERIES
Hall, use of--
floor, privileges of, see FLOOR, PRIVILEGES OF
rule as to permissible uses, ch 10 Sec. 1; ch 16 Sec. 61
Speaker, authority of, ch 10 Sec. 1
Photographs in Chamber, see PHOTOGRAPHS IN CHAMBER
Rooms--
appropriated, use of, ch 10 Sec. 1
resolutions assigning, as privileged, ch 10 Sec. 1
unappropriated, use of, ch 10 Sec. 1

CHAPLAIN

Continuance in office, ch 35 Sec. 1
Duties, ch 35 Sec. 1
Guest chaplain, ch 16 Sec. 50; ch 35 Sec. 1

CHIEF ADMINISTRATIVE OFFICER

Role of, ch 35 Sec. 1

CLERK OF THE HOUSE

Acting Clerk, designation of, ch 35 Sec. 1
Assembly of Congress, organizational duties at, ch 5 Sec. 4; ch 35
Sec. 1; ch 37 Sec. 2
Continuance in office, ch 35 Sec. 1
Deputy Clerk designated to act in event of Clerk's absence or
disability, ch 35 Sec. 1
Duties of, ch 35 Sec. 1
Organization of new Congress, duties related to, ch 5 Sec. 4; ch 35
Sec. 1; ch 37 Sec. 2
Points of order, rules on, prior to election of Speaker, ch 37 Sec. 2

CODE OF OFFICIAL CONDUCT, see ETHICS

COMMEMORATIVE LEGISLATION, PROHIBITION AGAINST

Definition, ch 6 Sec. 23
Rule stating prohibition, ch 6 Sec. 1; ch 16 Sec. 1
Waiver of rule, ch 6 Sec. 23

COMMISSIONS

Select committees, distinguished from, ch 11 Sec. 1
Statute, created by, ch 11 Sec. 2

COMMIT, MOTION TO

Previous question, pending or after ordering--
amendments to, ch 48 Sec. 9
application of, to particular items of business, ch 48 Sec. 10
debate on, ch 48 Sec. 12
instructions in, ch 48 Sec. Sec. 9, 17
recognition to offer, ch 48 Sec. 11
time for offering, ch 48 Sec. 9
Recommit, see RECOMMIT, MOTION TO; RECOMMIT WITH INSTRUCTIONS, MOTION
TO

[[Page 975]]

COMMITTEE OF THE WHOLE

Adjourn, motion to, not in order in (see also ADJOURNMENT), ch 1
Sec. 4
Amendment, reading for, see AMENDMENTS
Amendments, changing order of consideration of, barred if requiring
material modification of special order of business, see SPECIAL
ORDERS OF BUSINESS
Appropriations of money or property, public bills making, considered
in (see also APPROPRIATION BILLS), ch 12 Sec. Sec. 2, 3
Authority, limitations on, ch 12 Sec. 2
Chair--
appointed by Speaker, ch 12 Sec. 7
authority, limitations on, ch 12 Sec. 8
duties, ch 12 Sec. Sec. 7, 16
order, decides questions of, ch 12 Sec. 18
order, maintaining, see, e.g., DECORUM; WORDS, UNPARLIAMENTARY
Committees, standing, distinguished from, ch 11 Sec. 1
Conference reports not considered in, ch 12 Sec. 2
Consideration in, matters requiring--
appropriations of money or property, ch 12 Sec. Sec. 2, 3
bills, specific types of, consideration of, ch 12 Sec. 3
``hereby'' considered as adopted, effect of special order of
business providing that measure is, ch 12 Sec. 4
revenue, bills raising, ch 12 Sec. Sec. 2, 3
Senate amendments, subject matter of, may require consideration in
Committee of the Whole, ch 12 Sec. 4
special order of business as waiving requirement, ch 12 Sec. 3
unanimous-consent agreement may waive requirement, ch 12 Sec. 3
Debate, see DEBATE
Enacting clause, motions relating to, see ENACTING CLAUSE, MOTION
RELATING TO
Historical background, ch 12 Sec. 1
House as in Committee of the Whole, distinguished, ch 12 Sec. 1
Jurisdiction--
appropriations of money or property, public bills making, ch 12
Sec. 2
revenue, bills raising, ch 12 Sec. 2
rule specifying matters requiring consideration in Committee of the
Whole, ch 12 Sec. 3
Mace, position of, significance of, ch 12 Sec. 1
Motions that are not in order in, ch 12 Sec. Sec. 2, 20
Motions, use of--
generally, ch 12 Sec. 20
precedence of motions, ch 12 Sec. 21
prohibited motions, ch 12 Sec. Sec. 2, 20
recommending House action, ch 12 Sec. Sec. 20, 22
rise and report, motion to, see below, Rise and report, motion to
rise, motion to, see below, Rise, motion to
withdrawal of motion, ch 12 Sec. 20
writing, demand that motion be in, ch 12 Sec. 20
Motion to resolve into--
amendable, not, ch 12 Sec. 6
debatable, not, ch 12 Sec. 6
precedence of ch 12 Sec. 6
rejection, effect of, ch 12 Sec. 6
withdrawal of, ch 12 Sec. 6
Originating measures, restriction on, ch 12 Sec. 2
Postponement by Chair of requests for recorded votes, see VOTING
Prohibitions on use of certain procedures and motions in, ch 12
Sec. Sec. 2, 20
Points of order, see POINTS OF ORDER

[[Page 976]]

Quorum in--
general debate, point of no quorum during, ch 12 Sec. 9
previously established on same day, effect where quorum was, ch 12
Sec. 9
procedure following point of order of no quorum, ch 12 Sec. 9
rule governing, ch 12 Sec. Sec. 1, 9
vote taken in absence of quorum, ch 12 Sec. 9
Reading of bill--
appropriation bill, general, ch 12 Sec. 13
considered as read, where bill is, ch 12 Sec. 13
dispensing with, ch 12 Sec. 10
first reading, ch 12 Sec. 10
sections, by, ch 12 Sec. 13
Recommittal of bill to, ch 12 Sec. Sec. 2, 30
Reconsider, motion to, not in order in, ch 16 Sec. 56
Reporting amendments to House after adoption, see below, Rise and
report, motion to; see also AMENDMENTS
Report to House of proceedings, see below, Rise and report, motion to
Resolving into--
automatically resolving into Committee of the Whole, ch 12 Sec. 5
motion, by, see above, Motion to resolve into
Speaker, declaration by, ch 12 Sec. 5
special order of business, by, ch 12 Sec. 5
Revenue, bills raising, considered in, ch 12 Sec. Sec. 2, 3
Rise and report, motion to--
adverse recommendation, ch 12 Sec. 30
amend, precedence of motion to, over motion to rise and report, ch 2
Sec. 9
appropriation bill, general, precedence of motion after reading of,
ch 12 Sec. 21
House, report to, ch 12 Sec. Sec. 29, 30
pending specified procedures, motion may be made, ch 12 Sec. 27
quorum required on affirmative vote, ch 12 Sec. 26
recommendations that may be included, ch 12 Sec. 26
report by Chair as official account of proceedings in Committee of
the Whole, ch 12 Sec. 29
report, receipt of, in House, ch 12 Sec. Sec. 29, 30
time for making, ch 12 Sec. 27
withdrawn by unanimous consent, ch 12 Sec. 26
writing, demand that motion be in, ch 12 Sec. 26
Rise, motion to--
amend, precedence of motion to rise over motion to, ch 2 Sec. 9
debate time remaining on amendment, effect of adoption of motion to
rise on (see also DEBATE), ch 16 Sec. 59
form, ch 12 Sec. 26
interrupting Member who holds floor not permitted, ch 12 Sec. 28
manager or Member to whom manager yields, motion may be offered
during general debate by, ch 12 Sec. 28
offered by manager or Member to whom manager yields, motion may be,
during general debate, ch 12 Sec. 28
offering motion, ch 12 Sec. 28
pending specified procedures, motion may be made, ch 12 Sec. 27
precedence of, ch 12 Sec. 21
quorum, in order after announcement of absence of, ch 12 Sec. 9
quorum not required for adoption, ch 12 Sec. 26
special order of business precluding repetition after rejection, see

[[Page 977]]

SPECIAL ORDERS OF BUSINESS
time for making, ch 12 Sec. Sec. 27, 28
withdrawn by unanimous consent, ch 12 Sec. 26
writing, demand that motion be in, ch 12 Sec. 26
Rising without motion--
automatic rising pursuant to special order of business or House
order, ch 12 Sec. 25
informal rising by unanimous consent or at Chair's direction, ch 12
Sec. 25
Senate amendment, subject matter of, may require consideration in
Committee of the Whole (see also SENATE AMENDMENTS), ch 12 Sec. 4;
ch 51 Sec. 9
Special order of business, modification of, see SPECIAL ORDERS OF
BUSINESS
Special orders of business, consideration pursuant to, see SPECIAL
ORDERS OF BUSINESS
Text of bill as referred to committees governs referral to Union
Calendar, ch 12 Sec. 2
Unanimous-consent requests in, see UNANIMOUS CONSENT
Unfinished business, see UNFINISHED BUSINESS
Voting (see also VOTING), ch 12 Sec. 17

COMMITTEE REPORTS

Additional views, filing, ch 11 Sec. 32
Adverse reports, ch 11 Sec. Sec. 28, 31
Amendments, reporting bill with, ch 11 Sec. 28
Appropriations, report from committee on--
requirements as to, ch 11 Sec. Sec. 29, 30
unauthorized appropriations and changes in existing law, inclusion
of, ch 4 Sec. 8
Authorization by committee to report measure, ch 11 Sec. 28
Availability for three days, requirement of, ch 11 Sec. 35
Budget Act, under, see BUDGET PROCESS
Calendars, referral to, ch 11 Sec. 31
Calling up reports, ch 11 Sec. 34
``Clean'' bill, introduction of, ch 11 Sec. 28
Contents of, ch 11 Sec. Sec. 28, 29
Correction of errors in, ch 11 Sec. Sec. 28, 30, 31
Duty of chair to report measure approved by committee, ch 11 Sec. 28
Errors in, correction of, ch 11 Sec. Sec. 28, 30, 31
Filing reports--
nonprivileged reports, ch 11 Sec. 33
privileged reports, ch 11 Sec. Sec. 33, 34
time for filing, extension of, ch 11 Sec. 33
Form of, ch 11 Sec. 29
Germaneness issues, use of committee reports in determining, see
GERMANENESS OF AMENDMENTS
Layover requirement, ch 11 Sec. 35
Minority views, filing, ch 11 Sec. 32
Points of order against--
availability requirement, noncompliance with, ch 11 Sec. Sec. 35, 36
constitutional authority, failure to include statement as to, ch 11
Sec. 36
cost estimate, failure to include, ch 11 Sec. 36
failure of report to include certain matters, ch 11 Sec. 36
House, made in, ch 11 Sec. 36
layover requirement, noncompliance with, ch 11 Sec. Sec. 35, 36
mandates, Federal, failure to include statement on cost of, ch 11
Sec. 36
oversight findings, failure to include, ch 11 Sec. 36
performance goals and objectives, failure to include, ch 11 Sec. 36

[[Page 978]]

quorum in committee, lack of, ch 11 Sec. Sec. 23, 36
Ramseyer rule, noncompliance with, see RAMSEYER RULE
recommittal of bill for failure to comply with House rules, ch 11
Sec. 28
timeliness of, ch 11 Sec. 23
votes on measures, deficiencies in record of, ch 11 Sec. Sec. 15, 36
waiver of (see also SPECIAL ORDERS OF BUSINESS; UNANIMOUS CONSENT),
ch 11 Sec. Sec. 35, 36
Privileged reports--
committees that may report at any time, table listing, ch 11 Sec. 34
filed from floor at any time, ch 11 Sec. Sec. 31, 34
subject matter accorded privilege, ch 11 Sec. 34
unprivileged reports distinguished from, ch 11 Sec. 34
Quorum required in committee to authorize report, ch 11 Sec. 22
Printing, ch 11 Sec. 31
Ramseyer rule, see RAMSEYER RULE
Referral to Calendars, ch 11 Sec. 31
Rule requiring that written report accompany bill, ch 11 Sec. 28
Special order of business reported from Committee on Rules, see
SPECIAL ORDERS OF BUSINESS
``Star print,'' ch 11 Sec. Sec. 30, 31
Supplemental reports, ch 11 Sec. Sec. 28, 30, 31
Supplemental views, ch 11 Sec. 32
Tax measures, contents of reports on, ch 11 Sec. 29
Three-day availability requirement, ch 11 Sec. 35

COMMITTEES, JURISDICTION OF

Agreement, informal, between committees as to jurisdiction, ch 11
Sec. 8
Appropriations, Committee on--
appropriations, ch 4 Sec. 8
deferrals or rescissions of appropriated funds, ch 4 Sec. 8
general appropriation bills, ch 4 Sec. 8
Holman rule, retrenchments under, ch 4 Sec. 48
new spending authority, ch 4 Sec. 8
rescissions or deferrals of appropriated funds, ch 4 Sec. 8
retrenchments under Holman rule, ch 4 Sec. 48
transfers of unexpended balances, ch 4 Sec. 8
Budget, Committee on the, see BUDGET PROCESS
Committees, table showing, with jurisdiction and historical
background, ch 11 Sec. 11
Conferees, as related to appointment of, see CONFEREES OR MANAGERS
Conferral of jurisdiction by House, ch 11 Sec. 8
District of Columbia business, see DISTRICT OF COLUMBIA BUSINESS
Ethics, Committee on, see ETHICS
Historical background, table showing jurisdiction and, of standing
committees, ch 11 Sec. 11
House Administration, Committee on--
committees, standing, expenses of, ch 4 Sec. 4
election contests, see ELECTION CONTESTS AND DISPUTES
Judiciary, Committee on the, jurisdiction over reapportionment vested
in, see ELECTIONS
Referral of measures to committees, see REFERRAL OF BILLS, RESOLUTIONS
AND OTHER MATTERS
Rule relating to, ch 11 Sec. 8
Rules, jurisdiction of Committee on, over resolution prescribing
special

[[Page 979]]

order of business, see SPECIAL ORDERS OF BUSINESS
Subject matter--
appropriations, ch 4 Sec. 8
committees, expenses of, ch 4 Sec. 4
committees, table showing jurisdiction of, ch 11 Sec. 11
deferrals or rescissions of appropriated funds, ch 4 Sec. 8
elections, see ELECTIONS; ELECTION CONTESTS AND DISPUTES
Holman rule, retrenchments under, ch 4 Sec. 48
House committee and administrative expenses, ch 4 Sec. 4
new spending authority, ch 4 Sec. 8
rescissions or deferrals of appropriated funds, ch 4 Sec. 8
revenue measures, ch 4 Sec. 50
special orders of business, see SPECIAL ORDERS OF BUSINESS
table showing jurisdiction of committees, ch 11 Sec. 11
tariff measures, ch 4 Sec. 50; ch 6 Sec. 21
tax measures, ch 4 Sec. 50; ch 6 Sec. 21
transfers of unexpended balances, ch 4 Sec. 8
Table showing standing committees, jurisdiction, and historical
background, ch 11 Sec. 11
Ways and Means, Committee on--
revenue measures, ch 4 Sec. 50; ch 6 Sec. 21
tariff measures, ch 4 Sec. 50; ch 6 Sec. 21
tax measures, ch 4 Sec. 50; ch 6 Sec. 21

COMMITTEES, STANDING

Access, Member's, to records and files, see below, Records and files
Budget, Committee on the, see BUDGET PROCESS
Chairs of committees--
duties of, ch 11 Sec. Sec. 6, 28
election of, ch 11 Sec. 4
limitation on tenure, ch 11 Sec. 4
powers of, ch 11 Sec. 6
role of, ch 11 Sec. 6
vacancy in position of chair, ch 11 Sec. 4
Committees, table listing, with jurisdiction and antecedents, ch 11
Sec. 11
Composition of, ch 11 Sec. 5
Conference committees, distinguished, ch 11 Sec. 1
Election of Members to--
caucus and selection committee, role of, ch 11 Sec. 4
chair, selection of, see above, Chairs of committees
privileged, resolutions as, when submitted by direction of party
caucuses, ch 11 Sec. 4
procedures generally, ch 11 Sec. 4
resolutions electing majority and minority Members, ch 11 Sec. 4
Employees of, see below, Staff of
Establishing committees, ch 11 Sec. 2
Ethics, Committee on--
(see also ETHICS)
party representation on, ch 11 Sec. 5; ch 25 Sec. 3
Executive session--
quorum required to close session or release testimony, ch 11 Sec. 16
release of testimony taken in, ch 11 Sec. 16
testimony taken in, use of, ch 11 Sec. 16
Expense resolutions, primary and supplemental, to authorize payment of
expenses of, ch 11 Sec. 3
Expenses of Committee on Appropriations, funds for, appropriated
pursuant to statute, ch 11 Sec. 3
Expenses of Committees, resolution funding, privileged report from
Committee on House Administration on, ch 4 Sec. 4
Functions of committees, generally, ch 11 Sec. 1

[[Page 980]]

Funding for, resolutions providing, ch 4 Sec. 4
Hearings--
announcement of, ch 11 Sec. 19
defame, degrade or incriminate, testimony tending to, procedures
relating to, ch 11 Sec. 20
media coverage, ch 11 Sec. 27
open or closed, ch 11 Sec. 20
purposes, ch 11 Sec. 19
testimony or evidence tending to defame or incriminate, procedures
relating to, ch 11 Sec. 20
transcripts, contents of and access to, ch 11 Sec. 16
uses, ch 11 Sec. 19
witnesses, see below, Witnesses
Historical background, ch 11 Sec. 11
Investigative authority--
court rulings as to validity or proper exercise of, ch 11 Sec. 10
Ethics, Committee on, see ETHICS
limitations on, ch 11 Sec. 10
necessary or appropriate investigations, ch 11 Sec. 10
obstruction of committee investigation, ch 11 Sec. 10
scope and subject matter, ch 11 Sec. 10
subpoenas, refusal to comply with, see CONTEMPT
Jurisdiction of, see COMMITTEES, JURISDICTION OF
Meetings--
additional meetings, calling, ch 11 Sec. 17
time of, fixing, ch 11 Sec. 17
Oversight function--
general and special oversight distinguished, ch 11 Sec. 9
Legislative Reorganization Act, provisions of, ch 11 Sec. 9
table listing committees, jurisdiction, and oversight functions, ch
11 Sec. 11
Party representation on committees, ch 11 Sec. 5
Procedure in committees--
adoption of rules by committee, ch 11 Sec. 15
debate and consideration, ch 11 Sec. 18
meetings, fixing time of, ch 11 Sec. 17
motions, ch 11 Sec. 18
points of order in House based on procedures in committee, ch 11
Sec. 15
proxy voting banned, ch 11 Sec. 18
rules of House, application of, ch 11 Sec. 15
voting, ch 11 Sec. 18
Quorum in committee--
contemporaneous presence, ch 11 Sec. 22
report a measure, authorization to, ch 11 Sec. 22
``rolling quorum'' obsolete, ch 11 Sec. 22
table showing minimum quorum requirements to take particular
actions, ch 11 Sec. 21
Records and files--
access to, Member's, ch 11 Sec. 16
archival of, ch 11, Sec. 16
debate, reference in, to, ch 11 Sec. 16
disposition of, ch 11 Sec. 16
executive session, evidence taken in, use of, ch 11 Sec. 16
Resolutions establishing or affecting authority of, as privileged, ch
11 Sec. 2
Role of committees, generally, ch 11 Sec. 1
Select committees distinguished, see SELECT COMMITTEES
Seniority--
alteration of rank, ch 11 Sec. 4
resolution electing Members as indicating rank, ch 11 Sec. 4
Size of committees, ch 11 Sec. 5
Staff of--
Appropriations, Committee on, rule governing appointment of staff
of, ch 11 Sec. 7
minority staff, ch 11 Sec. 7

[[Page 981]]

rule and statute, employment of staff governed by, ch 11 Sec. 7
statute and rule, employment of staff governed by, ch 11 Sec. 7
Subcommittees, role of, ch 11 Sec. 1
Table showing committees, jurisdiction, and antecedents, ch 11 Sec. 11
Transcripts, see above, Hearings; Meetings
Witnesses--
constitutional rights, ch 11 Sec. 25
contempt, citing for, ch 11 Sec. 26
fees for, ch 11 Sec. 24
immunity, ch 11 Sec. 25
minority, witnesses called by, ch 11 Sec. 24
perjury, ch 11 Sec. 24
questioning of, procedure for, ch 11 Sec. 24
rights under Constitution and rules, ch 11 Sec. 25
self-incrimination, privilege against, ch 11 Sec. 25
subpoenas, ch 11 Sec. 24
testimony or evidence tending to defame or incriminate, procedures
relating to, ch 11 Sec. 20
voting in, ch 11 Sec. 18
written statements, ch 11 Sec. 24

COMPLIANCE, OFFICE OF

Description of, ch 35 Sec. 6

CONDUCT, OFFICIAL, STANDARDS OF, see ETHICS

CONFEREES OR MANAGERS

Appointment of--
``additional'' conferees on particular provisions, ch 13 Sec. 8
changing conferees, ch 13 Sec. 8
committee representation, ch 13 Sec. 7
criteria, ch 13 Sec. Sec. 6, 7
jurisdiction of committees as factor, ch 13 Sec. Sec. 7, 8
number of conferees, ch 13 Sec. 6
reappointment to additional conferences, ch 13 Sec. 8
Speaker's discretion, ch 13 Sec. 6
time for, ch 13 Sec. 6
vacancy on conference committee, ch 13 Sec. 8
Authority of--
committed to conference, issues, ch 13 Sec. 9
enlarging authority by concurrent resolution, ch 13 Sec. 9
germane modification of matter in disagreement, ch 13 Sec. 9
limitations on, ch 13 Sec. 9
scope of differences, matters within, ch 13 Sec. 9
Senate amendments, limitation on authority to agree to, ch 4
Sec. Sec. 70, 71
Failure to report, motions in order after, ch 13 Sec. 14
Houses, jurisdiction of, over their own appointed conferees, ch 13
Sec. 11
Instructions to managers--
advisory nature of, ch 13 Sec. 16
agreement to conference, one motion in order after, ch 13 Sec. 12
amendments to motion, ch 13 Sec. 13
appointment, given prior to, unless postponed, ch 13 Sec. 12
argument, instructions may not include, ch 13 Sec. Sec. 11, 15
binding, not, ch 13 Sec. 16
conference report, instructions in motion to recommit, divisibility
of, ch 21 Sec. 13
debate on motion to instruct, ch 13 Sec. 13
division of the question, applicability of demand for, ch 21 Sec. 13
germaneness of amendment to motion, rule as to, ch 26 Sec. 33
limitations on, ch 13 Sec. 11

[[Page 982]]

motion to instruct, debate and procedures relating to, ch 13
Sec. Sec. 12, 13
purpose generally, ch 13 Sec. 11
recognition on motions, ch 46 Sec. 16
recommit, motion to, instructions in, ch 13 Sec. 15
scope of, ch 13 Sec. Sec. 11, 15
Senate, in, see SENATE, PRACTICE IN
tabling motion to instruct, ch 13 Sec. 12
times for giving, ch 13 Sec. 12
withdrawal of motion, ch 13 Sec. 13
Meetings--
open or closed, ch 13 Sec. 10
points of order, procedures as basis of, ch 13 Sec. 10
Removal of, ch 13 Sec. 8
Resignation of, ch 13 Sec. 8

CONFERENCE

Conferees, see CONFEREES OR MANAGERS
``Deeming'' bill sent to conference, ch 13 Sec. 4
Managers, see CONFEREES OR MANAGERS
Motion to go to conference--
committee authorization, ch 13 Sec. 3
debate on, ch 13 Sec. 3
form, ch 13 Sec. 3
privileged under certain conditions, ch 13 Sec. 3
recognition for, ch 46 Sec. 16
rejection of, repetition after, ch 13 Sec. 4
time for offering, ch 13 Sec. 4
Papers, possession of--
action on report, having custody prior to, ch 13 Sec. 29
practice as to taking custody, generally, ch 13 Sec. 29
request for conference, House in possession of papers makes, ch 13
Sec. Sec. 1, 4
Purpose generally, ch 13 Sec. Sec. 1, 2
Questions for conference, generally, ch 13 Sec. 2
Reports, see CONFERENCE REPORTS
Request for, by House in possession of papers, ch 13 Sec. Sec. 1, 4
Request for or agreement to conference--
``deeming'' bill sent to conference, ch 13 Sec. 4
motion, by, see above, Motion to go to conference
unanimous consent, by, ch 13 Sec. Sec. 3, 4
Scope of conference--
amounts in bill, differences as to, ch 13 Sec. 9
dates, disagreement as to, ch 13 Sec. 9
disagreement, matters in, as determining scope, ch 13 Sec. 9
instructions to conferees as referring to matters beyond scope, see
CONFEREES OR MANAGERS
law, existing, differences concerning amendment of, ch 13 Sec. 9
numbers in bill, differences as to, ch 13 Sec. 9
Senate scope rule, ch 13 Sec. 21
Special order of business, amendments sent to conference pursuant to,
ch 13 Sec. 5

CONFERENCE REPORTS

Appropriation in Senate amendment to legislative bill, ch 13 Sec. 24
Availability for three days, requirement of--
last six days of session, not applicable during, ch 13 Sec. 30
waiver of rule, ch 13 Sec. 30
Availability on floor for two hours prior to consideration, ch 13
Sec. 30
Budget resolutions, see BUDGET PROCESS
Calling up--
manager, senior, for House may call up, ch 13 Sec. 31
recognition to call up, ch 46 Sec. 16

[[Page 983]]

Consideration, question of--
points of order, may be raised before, ch 13 Sec. 27
Considered in House rather than Committee of the Whole, ch 12 Sec. 2
Correction of errors, ch 13 Sec. 19
Debate on--
amendments in disagreement, allocation and control of time on
motions to dispose of, ch 13 Sec. Sec. 33, 34
close, right to, ch 13 Sec. 33
defeat of original motion, effect of, ch 13 Sec. 34
division of question on motion to recede and concur, debate
following, ch 13 Sec. 34
division of time, ch 13 Sec. 33
extension of, ch 13 Sec. 33
hour rule, applicability of, ch 13 Sec. 33; ch 16 Sec. 45
open, right to, ch 13 Sec. 33
opposition, debate in, where parties support report, ch 13 Sec. 33
preferential motion, effect of, ch 13 Sec. 34
recognition, ch 13 Sec. 34
three-way division of time, ch 13 Sec. 33
yielding time, ch 13 Sec. 34
Disagreement, total, report filed in--
amendments in disagreement, action taken on, ch 13 Sec. 38
debate and voting, ch 13 Sec. 38
Senate, procedure in, ch 13 Sec. 38
En bloc consideration--
amendments in disagreement, ch 13 Sec. 32
conference reports, ch 13 Sec. 32
Explanatory statements, see below, Statements, explanatory, by
managers
Filing--
privileged, as, ch 13 Sec. 17
recommittal, subsequent report after, ch 13 Sec. 17
three-day lay-over after, requirement of, see above, Availability
for three days, requirement of
Form, generally, ch 13 Sec. 17
Germaneness issues--
Senate provisions in conference reports and amendments in
disagreement, germaneness of, ch 13 Sec. 23; ch 26 Sec. 34
Minority views not in order, ch 13 Sec. 17
Papers, possession of--
action on report, having custody prior to, ch 13 Sec. 29
practice as to taking custody, generally, ch 13 Sec. 29
Points of order--
appropriation in Senate amendment to legislative bill, ch 13 Sec. 24
authority, conferees exceeded, ch 13 Sec. 21
Budget Act, under, ch 13 Sec. Sec. 26, 27
germane, Senate provisions not, ch 13 Sec. 23
legislation in Senate provision on House appropriation bill, ch 13
Sec. 25
multiple points of order, ch 13 Sec. 27
order of ruling on, ch 13 Sec. 27
scope of differences, disposition of matter not within, ch 13
Sec. Sec. 21, 22
substitutes or modifications adding subjects not committed to
conference, ch 13 Sec. 22
timeliness, ch 13 Sec. Sec. 20, 27
waiver of (see also SPECIAL ORDERS OF BUSINESS), ch 13 Sec. Sec. 24,
25, 28
Postponement of consideration, ch 13 Sec. 31
Precedence of report, ch 13 Sec. 31
Privilege of report, ch 13 Sec. 31
Reading of--
dispensing with, ch 13 Sec. 31

[[Page 984]]

statement of managers may be read, ch 13 Sec. 31
Recommendations of managers, ch 13 Sec. 17
Recommittal of report--
concurrent resolution, ch 13 Sec. 35
motion, ch 13 Sec. 35
unanimous consent, ch 13 Sec. 35
Reconsider, motion to, see RECONSIDER, MOTION TO
Rejection of all or part of report, ch 13 Sec. Sec. 36, 37
Senate legislative provision on House bill, ch 13 Sec. 25
Senate scope rule, ch 13 Sec. 21
Signatures--
argument or exception, attachment of, ch 13 Sec. 18
exception or argument, attachment of, ch 13 Sec. 18
majority of managers of each House, ch 13 Sec. 18
qualification or argument, attachment of, ch 13 Sec. 18
unitary time and place required, attachment of ch 13 Sec. Sec. 10,
18
Statements, explanatory, by managers--
exceptions or objections, inclusion of, ch 13 Sec. 17
majority of managers of each House, signed by, ch 13 Sec. 17
reading of, in lieu of report, ch 13 Sec. 31
sufficiency of, ch 13 Sec. 17
Suspension of rules, adoption by, ch 13 Sec. 28
Voting on report--
constitutional amendment, report on, ch 13 Sec. 36
disagreement, total, see above, Disagreement, total, report filed in
motion to agree considered as pending, ch 13 Sec. 36
reconsider vote on motion disposing of amendment, motion to, ch 13
Sec. 36
Speaker may put question without motion, ch 13 Sec. 36
tax increase, see TAX RATE INCREASE, INCOME, REQUIRING THREE-FIFTHS
VOTE
yeas and nays considered ordered on certain reports, ch 13 Sec. 36
Withdrawal of report, ch 13 Sec. 31

CONGRESSIONAL BUDGET OFFICE, see BUDGET PROCESS

CONGRESSIONAL RECORD

Amendments, printing of, see AMENDMENTS
Contents, ch 15 Sec. Sec. 2, 5
Corrections--
motion, by, ch 15 Sec. 4
privileges of the House, error as question of, ch 15 Sec. 4
resolution, by, ch 15 Sec. 4
timeliness of correction, ch 15 Sec. 4
typographical and grammatical errors, ch 15 Sec. Sec. 3, 4
Dispensing with printing requirements, ch 15 Sec. 2
Expungement--
extension of remarks, improper inclusions of matter in, ch 15 Sec. 5
unparliamentary remarks, see WORDS, UNPARLIAMENTARY
Extension of remarks--
abuse of leave to print, ch 15 Sec. 5
Committee of the Whole, limited authority of, ch 15 Sec. 5
consent of House, with, ch 15 Sec. 5
extraneous materials, ch 15 Sec. 5
forms of request that Member or Members may extend remarks, ch 15
Sec. 5
restrictions on insertions, ch 15 Sec. 5
timeliness of request to extend, ch 15 Sec. 5
typeface, distinctive, ch 15 Sec. 5

[[Page 985]]

History, ch 15 Sec. 1
House Administration, Committee on, jurisdiction of, ch 15 Sec. 1
Interruption by one not recognized is not carried, ch 15 Sec. 3
Joint Committee on Printing, authority of, ch 15 Sec. 1
Matters included, ch 15 Sec. Sec. 2, 5
Statutes relating to, ch 15 Sec. Sec. 1, 2
Unparliamentary remarks, deletion or expungement of, see WORDS,
UNPARLIAMENTARY
Withdrawal of unparliamentary words, see WORDS, UNPARLIAMENTARY

CONSIDERATION, CALLING UP MEASURES FOR, see ORDER OF BUSINESS; PRIVILEGED
BUSINESS; SPECIAL ORDERS OF BUSINESS

CONSIDERATION OF BILL, SPECIAL ORDER OF BUSINESS PROVIDING FOR

Rules, resolution from Committee on, see SPECIAL ORDERS OF BUSINESS
Suspension of the rules, see SUSPENSION OF THE RULES

CONSIDERATION, QUESTION OF

Applicability to particular propositions, ch 41 Sec. 2
Calendar Wednesday, see CALENDAR WEDNESDAY
Conference reports, see CONFERENCE REPORTS
Demand, necessity of to invoke, ch 41 Sec. 1
Earmarks, points of order against, application to, ch 41 Sec. 5
Effect, ch 41 Sec. 1
Purpose, ch 41 Sec. 1
Stat-Paygo, application to, ch 41 Sec. 6
Subject to, propositions that are, ch 41 Sec. 2
Subject to, propositions that are not, ch 41 Sec. 3
Unfunded mandates, points of order against, application to, ch 41
Sec. 4

CONVENE, see ASSEMBLY OF CONGRESS

CONTEMPT

Defenses, ch 17 Sec. 4
Executive privilege, claim of, ch 17 Sec. 4
Inherent authority of Congress, ch 17 Sec. 1
Pertinence to legislative purpose, inquiry must have, ch 17 Sec. 4
President, claim of executive privilege by, ch 17 Sec. 4
Punishment for, ch 17 Sec. Sec. 1, 2
Purging contempt, ch 17 Sec. 5
Reporting citation to House, ch 17 Sec. 2
Senate, procedure in, ch 17 Sec. 1
Speaker, duties of, ch 17 Sec. 3
Statutory contempt procedure, ch 17 Sec. Sec. 1, 2
United States Attorney, certification to, ch 17 Sec. 3

CREDENTIALS

Certificate of election, copy of, as sufficient, ch 23 Sec. 3
Certificate of election, official, Member-elect sworn in advance of
receipt of, ch 23 Sec. 3
Election of Members, see ELECTIONS
Oath, issues raised as to administration of, ch 23 Sec. 3
Vacancies occurring in first session, Members elected to fill,
included on roll after oath administered, ch 5 Sec. 5

CUTGO, see BUDGET PROCESS

[[Page 986]]

DEBATE

Addressed to Chair, remarks should be, ch 16 Sec. 24
Allocation of time--
amendments not yet offered, allocation of time on, by unanimous
consent in Committee of the Whole, ch 16 Sec. 57
Chair, role of, where debate on amendment has been limited, see
below, Five-minute rule
Committee of the Whole, allocation of time by unanimous consent in,
on amendments not yet offered, ch 16 Sec. 57
Committee of the Whole, general debate in, see below, General debate
in Committee of the Whole
five-minute debate, see below, Five-minute rule, debate under
forty-minute debate, ch 16 Sec. 46
hour rule, see below, Hour rule
limitation on debate, recognition after, ch 46 Sec. 15
twenty-minute debate, ch 16 Sec. 46
Appropriation bills, see APPROPRIATION BILLS
Budget resolutions, see BUDGET PROCESS
Close debate, right to--
adversely reported bill, ch 16 Sec. 11
amendment, debate on, ch 16 Sec. 12
amendments, debate on, ch 46 Sec. 9
committee of primary jurisdiction, manager representing, ch 16
Sec. 11
four Members, where debate divided among, ch 16 Sec. 11
general debate, ch 46 Sec. 8
general debate, majority manager has right to close, ch 16 Sec. 10
instruct conferees, on motion to, see CONFEREES OR MANAGERS
manager of bill or resolution, ch 46 Sec. Sec. 8, 9
manager of measure who opposes amendment is entitled to close debate
thereon, ch 2 Sec. 35
manager, majority, has right to close general debate, ch 16 Sec. 10
manager, qualification as, ch 16 Sec. 12
proponent of amendment under certain conditions, ch 46 Sec. 9
reverse order of original allocation, closing in, in certain
instances, ch 16 Sec. 11
unreported measure, ch 16 Sec. 11
Closing debate in House--
generally, ch 16 Sec. 49
previous question, motion for, see PREVIOUS QUESTION
Closing five-minute debate, see below, Five-minute rule, debate under
Closing general debate in Committee of the Whole, see below, General
debate in Committee of the Whole
Committee of the Whole, in, see below, Five-minute rule, debate under,
and General debate in Committee of the Whole
Conference reports, on, see CONFERENCE REPORTS
Control of time--
amendment, between proponent and opponent of, ch 16 Sec. Sec. 12, 14
Committee of the Whole, allocation of time by unanimous consent in,
on amendments not yet offered, ch 16 Sec. 57
Committee of the Whole may not change House order designating
Members in control of general debate, ch 16 Sec. 52
committees, where jurisdiction shared by, ch 16 Sec. 10
delegation of, ch 16 Sec. 10
jurisdiction of two or more committees, matter within, ch 16
Sec. Sec. 10, 14
manager of bill for majority, ch 16 Sec. 10
opposed, control of one-third of time by one who is, in certain
instances, ch 16 Sec. 11
previous question, Member controlling time may move (see also

[[Page 987]]

PREVIOUS QUESTION), ch 16 Sec. 49
relinquishing control, ch 16 Sec. 10
yielding time, see below, Yielding time for amendment; Yielding time
for debate
Debatable, matters that are not, generally, ch 16 Sec. 9
Division of time, see above, Allocation of time
Executive officials, criticism of, in debate, ch 16 Sec. 25
Exhibits, see EXHIBITS
Expiration of time, effect of--
amendments, offering, after expiration of time, ch 2 Sec. Sec. 26,
35
Congressional Record, debate on amendments printed in, where offered
after expiration of debate time, ch 2 Sec. Sec. 26, 35
Five-minute rule, debate under--
amendment, reading bill for, see AMENDMENTS
amendments, debate on, ch 12 Sec. 13
amendments, restrictions on, imposed by special order of business,
ch 16 Sec. 54
appropriation bills, see APPROPRIATION BILLS
Chair's allocation of time under limitation, ch 16 Sec. 59
closing five-minute debate by motion, ch 16 Sec. 56
closing five-minute debate by unanimous consent, ch 16 Sec. 57
extending debate, ch 16 Sec. 55
extending Member's time, ch 16 Sec. 54
limitation on debate, recognition after, ch 46 Sec. 15
limitation on time, rescission or modification of, ch 16 Sec. 57
limit debate, House action to, ch 16 Sec. 55
limiting debate, ch 16 Sec. Sec. 55-57
motion in Committee of the Whole to limit debate may not allocate or
reserve time, ch 16 Sec. 58
motions to limit or close debate, ch 16 Sec. Sec. 56, 58
once, speaking more than, ch 16 Sec. 54
opposition, recognition where floor not claimed in, ch 16 Sec. 54
precedence of five-minute speech to explain amendment over amendment
to amendment, ch 16 Sec. 54
pro forma amendments precluded where special order of business
permits only designated amendments, ch 16 Sec. 54
proponent and opponent of amendment each allowed five minutes, ch 2
Sec. 35
reading for amendment, see AMENDMENTS
recognition after limitation on debate, ch 46 Sec. 15
recognition, generally, ch 46 Sec. 14
relevancy in debate, requirement of, see below, Relevancy
reserving time not permitted, ch 16 Sec. 54
rise, adoption of motion to, as affecting time remaining for debate
on amendment, ch 16 Sec. 59
rule, applicable, terms of, ch 16 Sec. 54
standing, Member recognized must remain, ch 12 Sec. 13
time, expiration of, offering amendments after, ch 2 Sec. Sec. 26,
35
unanimous consent to close or limit debate in Committee of the
Whole, ch 16 Sec. 57
withdrawal of amendment, ch 12 Sec. 13
yield for amendment, Member holding floor may not, ch 2 Sec. 20; ch
16 Sec. 16
yielding time generally, ch 12 Sec. 13; ch 16 Sec. Sec. 15, 54

[[Page 988]]

Floor, surrendering, ch 16 Sec. 17
Forty-minute debate--
debate on certain propositions, in absence of, prior to ordering
previous question, ch 16 Sec. 46
division of time, ch 16 Sec. 46
motions to which applicable, ch 16 Sec. 46
Gallery, references to, see GALLERIES
General debate in Committee of the Whole--
absence of Members of reporting committee, effect of, ch 16 Sec. 52
close, motion to, not in order in Committee of the Whole, ch 16
Sec. 53
closing generally, ch 12 Sec. 12
closing, by unanimous consent, in absence of order of House, ch 16
Sec. 53
control of time, changing House order designating Members in, not
permitted in Committee of the Whole, ch 16 Sec. 52
extended, time fixed may not be, by Committee of the Whole, ch 12
Sec. 11
House, allocation and duration of time fixed by, ch 12 Sec. 11; ch
16 Sec. 52
special order of business, allocation and duration pursuant to (see
also SPECIAL ORDERS OF BUSINESS), ch 16 Sec. 51
Hour rule--
applicability, generally, ch 16 Sec. 45
Committee of the Whole, applicable in, where House has not fixed
time for general debate, ch 12 Sec. 11; ch 16 Sec. 52
conference reports, see CONFERENCE REPORTS
limitation on time, applicability in absence of, ch 16 Sec. Sec. 44,
45
measures to which hour rule applicable, ch 16 Sec. 45
motions to which hour rule applicable, ch 16 Sec. 45
order or other rule of House, superseded by, ch 16 Sec. 45
resolutions and other business to which applicable, ch 16 Sec. 45
rules, adoption of, applicability prior to, ch 16 Sec. 45
Senate amendments, motions to dispose of, see SENATE AMENDMENTS
special order of business, superseded by, ch 16 Sec. 45
yielding time generally, ch 16 Sec. Sec. 10, 15
yielding to Member who has consumed one hour, ch 12 Sec. 11
House as in Committee of the Whole, in--
enacting clause, motion to strike, ch 16 Sec. 47
extension of five-minute debate in, ch 16 Sec. 47
five-minute rule, under, ch 16 Sec. 47
Initiating debate without motion, methods of, ch 16 Sec. 1
Interruption by one not yielded to, effect of, ch 16 Sec. Sec. 15, 17
Limitation on debate, see below, Time, limitations on
Manager of bill, role of--
amendment, may be recognized in opposition to, ch 16 Sec. 14
control exercised by, ch 16 Sec. Sec. 10, 12
qualification as manager, ch 16 Sec. Sec. 12, 14
unreported measure, ch 16 Sec. 12
Morning-hour debate--
leadership, lists of Members seeking recognition submitted by, ch 16
Sec. 50
Nondebatable matters, generally, ch 16 Sec. 9
Notice of motion to instruct conferees given during debate on pending
question, see CONFEREES OR MANAGERS

[[Page 989]]

One-minute speeches, see ONE-MINUTE SPEECHES
Order, maintaining, see, e.g., DECORUM; WORDS, UNPARLIAMENTARY
Papers, reading, ch 16 Sec. 60
Parliamentary inquiries, see PARLIAMENTARY INQUIRY
President, references to, see WORDS, UNPARLIAMENTARY
Pro forma amendments--
allocate or reserve time, Member recognized to debate pro forma
amendment may not, ch 2 Sec. 8
closed rule, not in order under, ch 12 Sec. 14
debate on, scope of, ch 2 Sec. 8
distinguished from substantive amendments, ch 2 Sec. 8
extending time by offering additional, not permitted, ch 16 Sec. 54
five-minute rule, use of pro forma amendments during debate under,
for purpose of obtaining recognition for debate, ch 2 Sec. 8
opposition to pro forma amendment, Member may be recognized in,
after occupying five minutes on a pro forma amendment, ch 2
Sec. 8
point of order that pro forma amendment constitutes amendment in
third degree, ch 2 Sec. 14
reserve or allocate time, Member recognized to debate pro forma
amendment may not, ch 2 Sec. 8
special order of business permitting only designated amendments,
effect of, ch 16 Sec. 54
substantive amendment, recognition of Member who has spoken on, ch
12 Sec. 14
substitute, after adoption of, ch 16 Sec. 54
substitute amendment, effect of adoption of, on subsequent pro forma
amendments, ch 2 Sec. 8
third degree, point of order that pro forma amendment constitutes
amendment in, ch 2 Sec. 14
time, allocation or reservation of, after recognition not permitted,
ch 16 Sec. 54
time, restrictions on extension of, by Member who has occupied five
minutes on pro forma amendment, ch 2 Sec. 8
use of, ch 2 Sec. 8
Relevancy--
disciplinary action, scope of debate as to, ch 16 Sec. 18
five-minute rule, scope of debate under, ch 16 Sec. 20
general debate in Committee of the Whole, ch 16 Sec. 19
history of rule, ch 16 Sec. 18
one-minute speeches, rule not normally applied to, ch 16 Sec. 18
point of order, absence of, effect of, ch 16 Sec. 18
privilege, personal, debate on question of, ch 16 Sec. 18
special-order speeches, rule not ordinarily applied to, ch 16
Sec. 18
special order of business, debate on, ch 16 Sec. 18
special order of business, effect of terms of, ch 16 Sec. Sec. 19,
20
unanimous consent to address House, effect of, ch 16 Sec. 18
unreported bill on same subject as pending bill, discussion of, ch
16 Sec. 18
Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
Special-order speeches, see SPECIAL-ORDER SPEECHES
special order of business, allocation of time by, see SPECIAL ORDERS
OF BUSINESS
Special orders of business, modification of terms of, in Committee of
the

[[Page 990]]

Whole, see generally SPECIAL ORDERS OF BUSINESS
Statutory limitations on, see below, Time, limitations on
Television audience, remarks should not be addressed to, ch 16 Sec. 24
Ten-minute debate--
amendments offered after close of general or five-minute debate, on,
ch 16 Sec. 46
division of time, ch 16 Sec. 46
motions, on certain, ch 16 Sec. 46
Time, charging, when used for purposes other than debate--
limitation on debate, form of, as affecting timekeeping, ch 16
Sec. 59
Time, extending--
Committee of the Whole may not extend general debate, ch 16 Sec. 52
division of time, providing for, ch 16 Sec. 48
five-minute rule, House action extending time under, ch 16 Sec. 55
hour rule, under, ch 16 Sec. 48
privileged resolutions, ch 16 Sec. 48
privilege, personal, question of, ch 16 Sec. 48
special order of business, ch 16 Sec. 48
statutory time limitations, effect of, ch 16 Sec. 48
unanimous consent, ch 16 Sec. 48
Time, limitations on--
generally, ch 16 Sec. 9
allocation by Chair of time remaining on amendments, ch 16 Sec. 59
certain, time, limitation on debate to a, ch 16 Sec. 59
Chair, discretion of, on certain questions, ch 16 Sec. 44
charging time used for purposes other than debate, ch 16 Sec. 59
Committee of the Whole, general debate in, ch 16 Sec. 53
five-minute rule, House action to limit debate under, ch 16 Sec. 55
five-minute rule, motion to limit or close debate under, in
Committee of the Whole, ch 16 Sec. 56
five-minute rule, unanimous consent to close or limit debate under,
in Committee of the Whole, ch 16 Sec. 57
general debate in Committee of the Whole, ch 16 Sec. 53
hour rule, applicability of, in absence of express limitation, see
above, Hour rule
motion in House, by, ch 16 Sec. 53
motion in Committee of the Whole to limit debate under five-minute
rule may not allocate or reserve time, ch 16 Sec. 58
rescission or modification of, ch 16 Sec. 57
special orders of business (see also SPECIAL ORDERS OF BUSINESS), ch
16 Sec. Sec. 44, 48
statutory time limitations on certain propositions, ch 16 Sec. 48
unanimous consent in Committee of the Whole, closing debate by, in
absence of order of House, ch 16 Sec. 53
unanimous consent in House, by, ch 16 Sec. Sec. 48, 53
Twenty-minute debate--
close, right to, ch 16 Sec. 46
discharge, motions to, ch 16 Sec. 46
division of time, ch 16 Sec. 46
Federal mandates, where point of order raised against, ch 16 Sec. 46
Yielding time for amendment--
amendment to amendment, ch 16 Sec. 16
five-minute rule, not permitted under, ch 2 Sec. 20; ch 16 Sec. 16
floor, losing the, ch 16 Sec. 16
House, in, ch 16 Sec. 16
Yielding time for debate--
Committee of the Whole, in, ch 16 Sec. 15
committees, where jurisdiction shared by, ch 16 Sec. 10
discretionary with Member in control, ch 16 Sec. 15

[[Page 991]]

effect of yielding, ch 16 Sec. 15
five-minute debate, during, ch 16 Sec. 15
hour rule, under, ch 12 Sec. 11; ch 16 Sec. Sec. 10, 15
House, in, ch 16 Sec. 15
interruption by one not yielded to, effect of, ch 16 Sec. Sec. 15,
17
special orders of business, debate on, ch 16 Sec. 15
yielded time, yielding during, ch 12 Sec. 11; ch 16 Sec. 15

DEBT, PUBLIC, LIMIT ON

Amendment to budget resolution to change, restriction on, ch 7 Sec. 5
Budget resolution sets forth appropriate level, ch 7 Sec. 15
Changes in, ch 7 Sec. 15
Reconciliation directives as to, ch 7 Sec. 15

DECORUM

Acts expressly prohibited under rule, ch 16 Sec. 21
Attire, ch 16 Sec. 21
Calls to order--
(see also WORDS, UNPARLIAMENTARY)
Committee of the Whole, in, ch 16 Sec. 27
House, in, ch 16 Sec. 26
procedures available to quell disorder, ch 16 Sec. 26
Cellular telephones, use of, prohibited in galleries, ch 10 Sec. 3
Chair as taking initiative in enforcing rules--
interruption by Member not yielded to, ch 16 Sec. 17
Electronic devices, use of certain, prohibited on floor, ch 10 Sec. 3
Exhibits, use of, see EXHIBITS
Floor, guests on, not in order in debate to refer to, ch 10 Sec. 2
Interruption of debate by one not yielded to, effect of, ch 16
Sec. Sec. 15, 17
Mobile electronic devices, restrictions on, ch 16 Sec. 21
President, references to, see WORDS, UNPARLIAMENTARY
Prohibited under rule, conduct that is, ch 16 Sec. 21
Rules, applicable, ch 16 Sec. 21
Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
Sergeant-at-arms, role of, in maintaining order, ch 16 Sec. 21
Speaker, policy statement by, ch 16 Sec. 21
Time consumed in call to order, charging, ch 16 Sec. 21
Well, demand to clear the, ch 16 Sec. 21
Wireless telephones, use of, prohibited on floor and in galleries, ch
10 Sec. 3; ch 16 Sec. 21
Words, unparliamentary, see WORDS, UNPARLIAMENTARY

DELEGATES AND RESIDENT COMMISSIONER

Committee of the Whole, participation in, ch 18 Sec. 4
Committees, role on, ch 18 Sec. 3
Discharge motion, may not sign, ch 19 Sec. 4
Floor privileges, ch 18 Sec. 2
House, privileges in, ch 18 Sec. 2
Motions offered by, ch 18 Sec. 2
Organization of new Congress, role during, ch 5 Sec. 4
Preside, do not, ch 18 Sec. Sec. 2, 4
Statutory officials, ch 18 Sec. 1
Voting by, ch 5 Sec. 4; ch 18 Sec. Sec. 2-4

DISAPPROVAL ACTION, CONGRESSIONAL

Agencies, approval of actions of, ch 14 Sec. 1
Consideration, procedures for, ch 14 Sec. 3
Constitutionality, ch 14 Sec. 2
Discharge from committee, automatic, pursuant to statute, ch 19 Sec. 9
Discharge, motion to, pursuant to statute, ch 19 Sec. 9

[[Page 992]]

District of Columbia Home Rule Act, under, see DISTRICT OF COLUMBIA
BUSINESS
Executive branch, approval of actions of, ch 14 Sec. 1
Joint resolutions, use of, ch 14 Sec. Sec. 1, 2
Rule-making power, as exercise of, ch 14 Sec. 3
Special orders of business, use of, ch 14 Sec. 3
Statutes governing, ch 14 Sec. 1

DISCHARGING MEASURES FROM COMMITTEES

Consideration of discharged measure--
debate, ch 19 Sec. 7
immediate consideration, motion for, ch 19 Sec. 7
motions available after discharge, ch 19 Sec. 7
Constitution, discharge of matters privileged under--
disciplinary actions against Members, ch 19 Sec. 8
impeachment resolutions (see also IMPEACHMENT), ch 19 Sec. 8
Member's right to seat, ch 19 Sec. 8
vetoed bill (see also VETO), ch 19 Sec. 8
Motion or petition to discharge--
calling up, ch 19 Sec. Sec. 6, 7
consideration, procedure for, ch 19 Sec. Sec. 6, 7
debate on, ch 19 Sec. 6
filed with Clerk, ch 19 Sec. 2
intervening motions, ch 19 Sec. 6
precedence of, ch 19 Sec. 5
privilege of, ch 19 Sec. 5
reoffering motion once acted on not in order, ch 19 Sec. 2
reported, measure may be, before consideration of motion, ch 19
Sec. 3
rule, applicable, ch 19 Sec. Sec. 1, 2
Rules, Committee on, discharging, ch 19 Sec. 1
signatures, see below, Signatures required on motion
Referral of measure with time limit, ch 19 Sec. 1
Resolution providing for consideration, ch 19 Sec. 1
Select committee, resolution extending existence of, see SELECT
COMMITTEES
Special order of business for consideration of unreported resolution
as discharging committee, see SPECIAL ORDERS OF BUSINESS
Signatures required on motion--
public record, signatures a matter of, ch 19 Sec. 2
Special orders of business, procedure applicable to, ch 19 Sec. 3
Suspension of rules, see SUSPENSION OF RULES
Time limit, measure referred by Speaker with, ch 19 Sec. 1
Timetable for discharge procedures, ch 19 Sec. 3
Unanimous consent in House, by, ch 19 Sec. 1
Veto message and bill, see VETO

DISCIPLINE OF MEMBER, see ETHICS

DISTRICT OF COLUMBIA BUSINESS

Charter, District of Columbia, Congressional authority over amendments
to, ch 20 Sec. 7
Committee of the Whole, consideration in, ch 20 Sec. 4
Committee on Government Reform, jurisdiction of, ch 20 Sec. 2
Congressional authority over legislation--
delegation of authority, ch 20 Sec. 1
``exclusive,'' ch 20 Sec. 1

[[Page 993]]

Constitutional background, ch 20 Sec. 1
Council, District of Columbia, Congressional approval of enactments
of, ch 20 Sec. 7
Debate, ch 20 Sec. 5
District Day, designation of, ch 20 Sec. 2
Home Rule Act--
appropriations, Congressional authority over, retained, ch 20 Sec. 1
disapproval, joint resolutions of, under Act, ch 20 Sec. 7
procedures under, ch 20 Sec. 7
House as in Committee of the Whole, consideration in, ch 20 Sec. 4
Mondays, second and fourth, consideration of business on, ch 20 Sec. 2
Precedence, ch 20 Sec. 3
Private bills, ch 20 Sec. 4
Privileged, status as, for consideration, ch 20 Sec. 3
Procedure for consideration, ch 20 Sec. Sec. 4, 5, 7
Unfinished business--
called up, must be, ch 20 Sec. 6
District Day, subsequent, may be considered on, ch 20 Sec. 6
previous question, effect of ordering, ch 20 Sec. 6

DIVISION OF THE QUESTION FOR VOTING

Amendments--
adoption of amendments to amendment, demand prior to, ch 21 Sec. 8
amended, as, ch 21 Sec. 8
Committee of the Whole, amendments under consideration in, ch 21
Sec. 8
en bloc amendments, ch 21 Sec. 9
House, amendments reported to, from Committee of the Whole, ch 21
Sec. 8
perfecting amendments, ch 21 Sec. 8
strike, motion to, ch 21 Sec. 10
substitute, amendment in nature of, ch 21 Sec. 8
Amendments to divided propositions, ch 21 Sec. 16
Appeals, divisibility of, ch 21 Sec. 4
Committees, standing or joint, rule prohibits division of proposition
electing Members to, ch 2 Sec. Sec. 1, 6
Conference report, motion to recommit, with instructions, ch 21
Sec. 13
Consideration of divided propositions--
amendments to propositions, ch 21 Sec. 16
debate, ch 21 Sec. 16
putting the question, ch 21 Sec. 16
reconsider, motion to, ch 21 Sec. 16
voting, ch 21 Sec. 16
Debate on divided propositions, ch 21 Sec. 16
Demand for, ch 21 Sec. Sec. 3, 8
Engrossment and third reading of bill, question of, not divisible, ch
21 Sec. 4
Individuals, named, resolutions relating to two or more, ch 21 Sec. 6
Language, changes in, ch 21 Sec. 2
Passage, bills and joint resolutions not divisible on, ch 21 Sec. 4
Previous question on measure and pending amendment, motion for, not
divisible, ch 21 Sec. 4
Putting the question on divided propositions, ch 21 Sec. 16
Recommit with instructions, motion to, ch 21 Sec. 13
Resolutions, simple or concurrent, ch 21 Sec. Sec. 4-7
Rules, Committee on, resolutions from, ch 21 Sec. Sec. 1, 7
Senate amendments, see SENATE AMENDMENTS
Separate and distinct propositions, question to be divided must
consist of, ch 21 Sec. 2
Special order of business not divisible, ch 21 Sec. 1
Strike and insert, motion to, not divisible, ch 21 Sec. Sec. 1, 11

[[Page 994]]

Strike, motions to, ch 21 Sec. 10
Suspend the rules, motions to, ch 21 Sec. 12
Table, motion to, ch 21 Sec. 14
Tests of divisibility, ch 21 Sec. 2
Voting on divided propositions, ch 21 Sec. 16

EARMARKS

Conference reports, application to, ch 7 Sec. 23; ch 13 Sec. 27
Consideration of measure containing, restrictions on, ch 6 Sec. 24; ch
7 Sec. 23
Points of order--
question of consideration, debate thereon, ch 7 Sec. 23; ch 16
Sec. 46; ch 41 Sec. 5
question of consideration, decided by, ch 6 Sec. 24; ch 7 Sec. 23;
ch 13 Sec. 28; ch 14 Sec. 5
against special order of business, ch 6 Sec. 24; ch 7 Sec. 23; ch 13
Sec. 28

ELECTION CONTESTS AND DISPUTES

(See also ELECTIONS)
Constitutional right of House to be judge of elections and
qualifications of Members, ch 22 Sec. 2
Dismissal of contest--
burden of proof to prevent, ch 22 Sec. 5
House, summary dismissal by, ch 22 Sec. 2
motion to dismiss, ch 22 Sec. 5
Federal Contested Elections Act, procedures under, ch 22 Sec. 1
House Administration, Committee on--
jurisdiction of, ch 22 Sec. 2
resolutions reported from, ch 22 Sec. Sec. 4, 5
Initiation of contests by means other than statutory procedure, ch 22
Sec. 1
Judge of elections, each House as, ch 22 Sec. 2
Jurisdiction over contests--
House Administration, Committee on, ch 22 Sec. 2
select committees, investigations by, ch 22 Sec. 2
special committee or ad hoc panel, ch 22 Sec. 2
Oath, deferring administration of, ch 22 Sec. 2
Notice of contest, ch 22 Sec. Sec. 1, 2
Parties--
debate, participation in, ch 22 Sec. 6
floor privileges, ch 22 Sec. 6
standing to initiate contest, who has, ch 22 Sec. 3
Precedence of, ch 22 Sec. 4
Privilege, as raising question of, ch 22 Sec. 4
Recounts--
exhaustion of State remedies, ch 22 Sec. 2
House order, ch 22 Sec. 2
Resolution, disposition by--
amendments, ch 22 Sec. 6
debate, ch 22 Sec. 6
privilege, as question of, ch 22 Sec. 4
remedies pursuant to resolution, ch 22 Sec. 4
unreported resolutions, ch 22 Sec. 4
voting, ch 22 Sec. 6
Standing to initiate contest, who has, ch 22 Sec. 3
Statute, governing, procedures under, ch 22 Sec. 1

ELECTIONS

Apportionment--
jurisdiction of Congress over, ch 23 Sec. 1
methods, ch 23 Sec. 1
Campaign practices--
ethical standards, see ETHICS
Federal Election Campaign Act, ch 23 Sec. 2; ch 25 Sec. 12
financing, campaign, ch 23 Sec. 2; ch 25 Sec. 12

[[Page 995]]

regulation of, ch 23 Sec. 2
Certificates of election--
challenges to validity, ch 23 Sec. 3
copy of, as sufficient, ch 23 Sec. 3
nullification of, circumstances requiring, ch 23 Sec. 3
oath, issues raised as to administration of, ch 23 Sec. 3
Constitutional right of House to be judge of elections and
qualifications of Members, ch 23 Sec. 1
Contests and disputes, see ELECTION CONTESTS AND DISPUTES
Contributions, political, soliciting, see ETHICS
Ethical standards, see ETHICS
Federal Election Campaign Act, regulation of campaigns under, ch 23
Sec. 2; ch 25 Sec. 12
Federal Election Commission, role of, ch 23 Sec. 2; ch 25 Sec. 12
President and Vice President, election of--
(see also ELECTORAL VOTE)
House Administration, jurisdiction of Committee on, over measures
relating to, ch 23 Sec. 2
Reapportionment--
jurisdiction of Committee on the Judiciary, ch 23 Sec. 1
Resignation--
election, special, to fill vacancy, ch 23 Sec. 4
procedure for, ch 23 Sec. 4
States, role of, in conducting, ch 23 Sec. 1
Vacancy--
election, special, to fill, ch 23 Sec. 4
exclusion or expulsion of Member, due to, ch 23 Sec. 4
illness, due to, ch 23 Sec. 4
resolution declaring, ch 23 Sec. 4

ELECTORAL VOTE

Certificates identifying electors--
conflicting certificates, ch 24 Sec. 3
counting certificates, ch 24 Sec. 3
statutory procedures, ch 24 Sec. 1
validity of, determining, ch 24 Sec. 3
Constitutional requirements, ch 24 Sec. 1
Counting, procedures for--
date, ch 24 Sec. 2
debate not permitted, ch 24 Sec. 3
certificates, see above, Certificates identifying electors
joint session, ch 24 Sec. 2
presiding officer, ch 24 Sec. 3
Electors, role of, ch 24 Sec. 1
Fraud or procedural irregularities, statutes addressing, ch 24 Sec. 1
House and Senate, role of, where candidates do not receive majority,
ch 24 Sec. 1
Joint session to count vote--
certificates, see above, Certificates identifying electors
date of, ch 24 Sec. 2
dividing to consider objections and other matters, ch 24 Sec. 3
procedures, ch 24 Sec. 2
Objections to votes--
procedure for consideration of, ch 24 Sec. 3
procedure for raising, ch 24 Sec. 3
Statutes, procedures under--
count, procedure for, ch 24 Sec. 2
fraud or procedural irregularities, statutes addressing, ch 24
Sec. 1

ELECTRONIC DEVICES, USE OF CERTAIN PERSONAL, PROHIBITED ON FLOOR, see
DECORUM

ELECTRONIC SIGNALS AND BELLS, see BELLS AND SIGNALS

ELECTRONIC VOTING SYSTEM, see VOTING

EMPLOYEES, HOUSE

Committee staff, see COMMITTEES, STANDING

[[Page 996]]

Ethics, see ETHICS

ENACTING CLAUSE, MOTION RELATING TO

Debate on, in Committee of the Whole, ch 16 Sec. 54
House as in Committee of the Whole, motion in, to strike enacting
clause, ch 16 Sec. 47
Recommendation that enacting clause be stricken--
debate on bill, limitation on, effect of, ch 12 Sec. 24
debate on motion, ch 12 Sec. 24
debate, scope of, ch 12 Sec. 24
form, ch 12 Sec. 22
opposed to bill, Member offering motion must qualify as, ch 12
Sec. 22
precedence of, ch 12 Sec. 21
recommittal, automatic, after disagreeing to, ch 48 Sec. 8
rejection in House, effect of, ch 12 Sec. 22; ch 48 Sec. 8
repetition of motion, ch 12 Sec. 22
resolving clauses of resolutions, application to, ch 12 Sec. 22
Senate-passed bill, applicable to, ch 12 Sec. 22
time for offering, ch 12 Sec. Sec. 21, 23
writing, requirement of, ch 12 Sec. 22
Strike enacting clause, motion to--
Committee of the Whole, motion in, is only to recommend to House
that enacting clause be stricken, ch 2 Sec. 9
Committee of the Whole, not in order in, ch 12 Sec. 22
precedence over motion to amend, ch 2 Sec. Sec. 5, 9, 21
refer, motion to, pending, see REFERRAL OF BILLS, RESOLUTIONS, AND
OTHER MATTER
rejection of bill, motion used for, ch 2 Sec. Sec. 5, 21
rejection of motion, effect of, ch 2 Sec. 9

ENGROSSMENT

Correcting errors--
engrossment, in, ch 44 Sec. 7
printing errors, ch 44 Sec. 8
``star prints,'' ch 44 Sec. 8
Division of the question, engrossment and third reading of bill as not
subject to demand for, see DIVISION OF THE QUESTION FOR VOTING
House-passed bills, ch 44 Sec. 6
``Star prints,'' ch 44 Sec. 8

ENROLLMENT

Certification and signing, ch 44 Sec. 11
Corrections in, ch 44 Sec. 12
President, delivery of measure to, ch 44 Sec. Sec. 10, 13

ETHICS

Campaign funds, violations of laws regulating--
contributions, campaign, funds considered to be, ch 25 Sec. 12
Federal Election Campaign Act, ch 25 Sec. 12
Federal Election Commission, role of, ch 25 Sec. 12
personal use of campaign funds prohibited, ch 25 Sec. 12
reporting requirements, ch 25 Sec. 12
Caucus, role of, in imposing discipline, ch 25 Sec. 26
Censure--
apologies, effect of, ch 25 Sec. 24
conduct for which Member censured, illustrative instances of, ch 25
Sec. 23
constitutional authority, ch 25 Sec. 22
explanation by Member, effect of, ch 25 Sec. 24
expungement of, ch 25 Sec. 22
grounds for, ch 25 Sec. 23
official duties, not limited to acts relating to, ch 25 Sec. 23
privilege, question of, resolution presents, ch 25 Sec. 24

[[Page 997]]

reconsideration of, ch 25 Sec. Sec. 22, 24
reprimand, distinguished from, ch 25 Sec. Sec. 22, 23
resolutions, ch 25 Sec. 24
vote on, ch 25 Sec. 22
withdrawal of resolution, ch 25 Sec. 24
Complaints--
debate, references in, to content of, see, e.g., DECORUM; WORDS,
UNPARLIAMENTARY
disclosure of contents, ch 25 Sec. 5
false charges, ch 25 Sec. 5
form, ch 25 Sec. 5
Member, filed or certified by, ch 25 Sec. 5
oath, under, ch 25 Sec. 5
requirements as to, ch 25 Sec. 5
writing, in, ch 25 Sec. 5
Code of Ethics for Government Service--
concurrent resolution, established by, ch 25 Sec. 8
employees, government, applicability to, ch 25 Sec. 8
Members, as basis for disciplinary proceedings against, ch 25 Sec. 8
Code of Official Conduct--
``creditably,'' conduct must reflect, on House, ch 25 Sec. 7
history, ch 25 Sec. 7
statute, violations of, as basis for invoking general provisions of,
ch 25 Sec. 7
Committee chair, disciplinary measures against, see below,
Disciplinary measures
Congressional Accountability Act, see below, Discrimination in
employment
Contributions, political--
misuse of, see above, Campaign funds, violations of laws regulating
soliciting, from Federal employees, ch 25 Sec. 13
Counsel, presence of, permitted during House consideration of
disciplinary action against Member, ch 25 Sec. 19
Disciplinary measures--
generally, ch 25 Sec. Sec. 1, 19
caucus rules, under, ch 25 Sec. 26
censure, see above, Censure
committee chair, restriction on authority of, ch 25 Sec. 26
committees and subcommittees, participation on, ch 25 Sec. 26
court proceedings, effect of pendency of, on disciplinary action by
House, ch 25 Sec. 19
criminal statutes, punishment under, distinguished, ch 25 Sec. 1
disapproval, ch 25 Sec. 22
expulsion, see below, Expulsion
fines, ch 25 Sec. 25
imprisonment, ch 25 Sec. 1
letter of reproval, ch 25 Sec. 27
reprimand, ch 25 Sec. Sec. 15, 16, 22, 23
reproval, letter of, ch 25 Sec. Sec. 19, 27
resolutions and reports, see below, Resolutions and reports
restitution, ch 25 Sec. 25
seniority, reduction in, ch 25 Sec. 26
Discrimination in employment--
Congressional Accountability Act, ch 25 Sec. 11
conditions of employment, in, ch 25 Sec. 11
history of rules on employment practices, ch 25 Sec. 11
Employees, government, see above, Code of Ethics for Government
Service
Ethics, Committee on--
advisory opinions of, ch 25 Sec. 4
disclosure of subject matter of complaint filed, ch 25 Sec. 5
gifts and travel, rules as to, compiled by, ch 25 Sec. 15
investigative jurisdiction, ch 25 Sec. 2
legislative jurisdiction, ch 25 Sec. 2
membership, ch 25 Sec. 3

[[Page 998]]

party representation on, ch 11 Sec. 5; ch 25 Sec. 3
persons subject to investigation by, ch 25 Sec. Sec. 2, 6
publications of, ch 25 Sec. 4
report following dismissal, ch 25 Sec. 19
report, privileged, filed with resolution recommending disciplinary
action, ch 25 Sec. 19
reports and recommendations, ch 25 Sec. Sec. 2, 19
rules of, ch 25 Sec. Sec. 1, 2
time, limitation on length of, Members may serve on, ch 25 Sec. 3
Exclusion not properly used as disciplinary measure, ch 25 Sec. 1
Expulsion--
constitutional sanction, ch 25 Sec. 1
exclusion, distinguished from, ch 25 Sec. 1
procedure, ch 25 Sec. 21
resolutions, ch 25 Sec. 21
False charges in complaint, see above, Complaints
False Claims Act--
knowing submission of fraudulent claim, ch 25 Sec. 10
travel vouchers, false, applicable to, ch 25 Sec. 10
Federal Election Campaign Act--
campaign funds, use of, ch 25 Sec. 12
Federal Election Commission, role of, ch 25 Sec. 12
violations of, ch 25 Sec. 12
Financial disclosure--
employees of House, certain, ch 25 Sec. 16
gifts, disclosure of, ch 25 Sec. Sec. 15, 16
Members, ch 25 Sec. 16
Officers of House, ch 25 Sec. 16
Fines, see above, Disciplinary measures
Future employment, disclosure of negotiations for, ch 25 Sec. 7
Gifts--
censure imposed, ch 25 Sec. 15
cumulative value of gifts from one source, limitation on, ch 25
Sec. 15
reprimand for failure to disclose, ch 25 Sec. 15
rules on gifts and travel compiled by Committee on Ethics, ch 25
Sec. 15
Hiring allowance, misuse of--
performance of staff member to be commensurate with compensation, ch
25 Sec. 10
personal expenses, use of allowance for, ch 25 Sec. 10
Honoraria, restrictions as to, ch 25 Sec. 14
Income, earned, limitations on, ch 25 Sec. 14
Investigations--
complaints, see above, Complaints
initiating, ch 25 Sec. 5
Office of Congressional Ethics, ch 25 Sec. 2
Persons subject to disciplinary procedures, ch 25 Sec. Sec. 2, 6
Powell v. McCormack, ch 25 Sec. 1
Professional practice, restrictions on, ch 25 Sec. 17
Reprimand, see above, Disciplinary measures
Resolutions and reports--
debate on, ch 25 Sec. 19
dismissal of charges, committee report after, ch 25 Sec. 19
privileged, as, ch 25 Sec. 19
privilege, question of, resolution proposing disciplinary action
against Member may be called up as, ch 25 Sec. 19
Seniority, reduction in, see above, Disciplinary measures
Soliciting political contributions from Federal employees, prohibition
on, ch 25 Sec. 13
Statutes, violations of--
conviction as basis for investigation, ch 25 Sec. 9
conviction, effect of, on disciplinary proceedings in House, ch 25
Sec. 19

[[Page 999]]

discrimination in employment, see above, Discrimination in
employment
False Claims Act, see above, False Claims Act
Federal Election Campaign Act, ch 25 Sec. 12
soliciting political contributions from Federal employees, ch 25
Sec. 13
Time of committing acts in question--
prior Congress, in, ch 25 Sec. Sec. 16, 18
prior to becoming Member, ch 25 Sec. 18
Travel, rules as to, compiled by Committee on Ethics, ch 25 Sec. 15
Voting by Members convicted of certain crimes, rules as to, ch 25
Sec. Sec. 19, 26

EXCLUSION OF MEMBER

Expulsion, distinguished from, ch 25 Sec. 1
Powell v. McCormack, ch 25 Sec. 1
Qualifications of Members, constitutional right of House to determine,
ch 25 Sec. 1

EXHIBITS

Accuracy of content of, not proper subject of parliamentary inquiry,
ch 16 Sec. 61
Badges, ch 16 Sec. 21
Bumper sticker, ch 16 Sec. 62
Charts, ch 16 Sec. Sec. 21, 61
Decorum, requirements as to, ch 16 Sec. 62
Demeaning or disruptive exhibits, ch 16 Sec. 21
Electronic voting display, use of, as exhibit not permitted, ch 16
Sec. 61
Handouts, guidelines concerning, ch 16 Sec. 62
House, submitting question of propriety of exhibit to, ch 16 Sec. 21
Inquiry by Speaker as to intended use, ch 16 Sec. 62
Objection, effect of, ch 16 Sec. 61
Permitted, illustrative list of exhibits that have been, ch 16 Sec. 61
Person, use of, as ``exhibit'' not permitted, ch 16 Sec. 61
Removal of exhibit not in use, ch 16 Sec. 61
Video recorder, use of, as exhibit not permitted, ch 16 Sec. 61

FIVE-MINUTE RULE, see DEBATE

FLOOR, PRIVILEGES OF

Abuse of privileges, ch 10 Sec. 2
Admission to Floor, rule governing, ch 10 Sec. 2
Ceremonial occasions, ch 10 Sec. 2
Guests, references to, ch 10 Sec. 2
Members, former, ch 10 Sec. 2
Officials, ch 10 Sec. 2
Point of order to object to presence of unauthorized persons, ch 10
Sec. 2
Rule governing admission to Floor, ch 10 Sec. 2
Senators, privileges of, ch 10 Sec. 2
Staff, Congressional, ch 10 Sec. 2

GALLERIES

Approval or disapproval not to be expressed in, ch 10 Sec. 4
Cellular telephones, use of, prohibited, ch 10 Sec. 3
Procedure in cases of disturbance in, ch 10 Sec. 4
Reference to or introduction of persons in, not in order, ch 10
Sec. 4; ch 16 Sec. 24

GENERAL ACCOUNTING OFFICE

Legislative Reorganization Act, provisions of, ch 35 Sec. 6
Reports by, ch 35 Sec. 6

GENERAL COUNSEL, OFFICE OF

Description of, ch 35 Sec. 5

[[Page 1000]]

GERMANENESS OF AMENDMENTS

Adding to two or more propositions--
class, definable, bill covering subjects within, ch 26 Sec. 12
diverse subjects, ch 26 Sec. 12
rulings, illustrative, ch 26 Sec. 12
Amendments, rule applicable only to, ch 26 Sec. 1
Amendment to amendment, germaneness of, ch 26 Sec. Sec. 3, 14
Appropriation bills--
Holman rule, requirement of, ch 26 Sec. 13
limitations on use of funds, ch 26 Sec. 13
rulings, illustrative, ch 26 Sec. 13
transfer between accounts in bill, germaneness rule does not affect,
ch 26 Sec. 13
Bill itself, portions of, need not be germane to each other, ch 26
Sec. 1
Committee amendments, application of rule to, ch 26 Sec. 19
Committee jurisdiction as test--
amendments, bill as broadened by, ch 26 Sec. 6
overlapping jurisdiction, effect of, ch 26 Sec. 6
rulings, illustrative, ch 26 Sec. 6
scope of bill as factor in determining germaneness, ch 26 Sec. 6
Conditions, amendments imposing--
funds, upon availability of, ch 26 Sec. 22
rulings, illustrative, ch 26 Sec. 22
Conferees or managers, motions to instruct, amendments to, ch 26
Sec. 33
Conference reports--
Senate provisions in, see below, Senate provisions in conference
reports and amendments in disagreement
Contingency, amendment postponing effectiveness pending--
enactment of other legislation, ch 26 Sec. 26
postponing effectiveness to date certain compared, ch 26 Sec. 26
rulings, illustrative, ch 26 Sec. 26
unrelated contingency, ch 26 Sec. 26
Defined, ``germaneness,'' ch 26 Sec. 2
Exceptions or exemptions, amendments containing--
class, portion of, may be exempted from provisions affecting that
class, ch 26 Sec. 21
rulings, illustrative, ch 26 Sec. 21
Fundamental purpose, ch 26 Sec. 7
censure not germane to impeachment, ch 26 Sec. 7
change in policy, effect of, ch 26 Sec. 7
change in agency, ch 26 Sec. 7
rulings, illustrative of, ch 26 Sec. 7
General amendment to specific proposition--
rulings, illustrative, ch 26 Sec. 10
strike, motion to, may broaden scope of bill, ch 26 Sec. 10
substitute for amendment, application of test to, ch 26 Sec. 10
History of rule, ch 26 Sec. 1
Holman rule, requirement of, ch 26 Sec. 13
Individual proposition not germane to another--
class of subjects affected by bill, amendment relating to class
different from, ch 26 Sec. 9
rulings, illustrative, ch 26 Sec. 9
Law, existing, ruling as affected by bill's relation to--
amending law, bill, amendment to, ch 26 Sec. 27
changing law, amendment, offered to bill not changing law, ch 26
Sec. 31
extending or continuing law, bill, amendment to, ch 26 Sec. 30
incorporating other laws by reference, bill, amendment to, ch 26
Sec. 29
repealing law, bill, amendment to, ch 26 Sec. 28
Limitations, amendments imposing--
funds in bill, must be confined to, ch 26 Sec. 25

[[Page 1001]]

policy changes, may not effect, ch 26 Sec. 24
rulings, illustrative, ch 26 Sec. Sec. 23-25
Method, different, accomplishing result of bill by--
related method, use of, ch 26 Sec. 8
rulings, illustrative, ch 26 Sec. 8
``Miscellaneous'' heading to portion of bill, effect of, ch 26 Sec. 2
Motive of offeror not a factor in determination as to, ch 26 Sec. 2
New section or title, amendment adding, test of germaneness of, ch 26
Sec. Sec. 3, 16
``Notwithstanding any other provision of law,'' provision to take
effect, ch 26 Sec. 31
Paragraph or section of bill to which offered, amendment must be
germane to, ch 26 Sec. Sec. 3, 15
Perfected, text as, amendment must be germane to, ch 26 Sec. Sec. 3,
15
Points of order--
burden of proof of germaneness, ch 26 Sec. 36
waiver of, ch 26 Sec. 36
Postponing effectiveness, see above, Contingency, amendment postponing
effectiveness pending
Prior amendments, effect of, ch 26 Sec. Sec. 3, 15
Pro forma amendment, germaneness of, ch 26 Sec. 17
Proposition to which amendment must be germane--
new section or title, amendment adding, ch 26 Sec. Sec. 3, 16
paragraph or section of bill to which offered, ch 26 Sec. Sec. 3, 15
title or section of bill to which offered, ch 26 Sec. Sec. 3, 15
Purpose, fundamental, as test--
rulings, illustrative, ch 26 Sec. 7
substitute, amendment in nature of, application of test to, ch 26
Sec. 7
Qualifications, amendments containing--
funds, as to disbursement of, ch 26 Sec. 22
rulings, illustrative, ch 26 Sec. 22
Reading, stage of, as factor in determination as to, ch 26
Sec. Sec. 2, 3, 15
Recommit with instructions, motion to, application of rule to, ch 26
Sec. Sec. 3, 6, 20
``Relevance'' distinguished from ``germaneness,'' ch 26 Sec. 2
Repealing existing law, amendment, offered to bill not amending law,
ch 26 Sec. 31
Restrictions, amendments adding--
discretionary authority, on exercise of, ch 26 Sec. 24
funds in bill, must be confined to, ch 26 Sec. 25
rulings, illustrative, ch 26 Sec. Sec. 23-25
Rules, adoption of, rule applicable prior to, ch 26 Sec. 1
Scope of bill and amendment as factors in determinations as to, ch 26
Sec. Sec. 2, 4, 7, 10, 11
Senate amendments, amendments to--
concur or recede and concur with amendments, motions to, ch 26
Sec. 35
rulings, illustrative, ch 26 Sec. 35
substitute, amendment in nature of, ch 26 Sec. 35
tests of germaneness, ch 26 Sec. 35
Senate, in, see SENATE, PRACTICE IN
Senate provisions in conference reports and amendments in
disagreement--
points of order, ch 26 Sec. 34
rulings, illustrative, on Senate amendments to House bills, ch 26
Sec. 34

[[Page 1002]]

separate votes on nongermane language, ch 26 Sec. 34
Specific amendment to general proposition--
authority, conferral of, ch 26 Sec. 11
defining term in bill, amendment as, ch 26 Sec. 11
rulings, illustrative, ch 26 Sec. 11
Statute, bill amending, test of germaneness of amendment to, ch 26
Sec. 2
Strike, motion to, germaneness of, ch 26 Sec. 17
Strike, motion to, pending when amendment offered, ch 26 Sec. 3
Studies, proposals to require, ch 26 Sec. 5
Subject matter--
different subject, rule prohibits amendment on, ch 26 Sec. 5
rulings, illustrative, ch 26 Sec. 5
studies, proposals to undertake, ch 26 Sec. 5
Substitute amendment must be germane to pending amendment, ch 2 Sec. 6
Substitute for amendment, application of rule to, ch 26 Sec. Sec. 10,
18
Tests of germaneness--
generally, ch 26 Sec. 4
exclusive, not mutually, ch 26 Sec. 4
rulings, illustrative, showing amendment may be related but not
germane, ch 26 Sec. 4
specific tests, see above, e.g., Committee jurisdiction as test;
Purpose, fundamental as test; and Subject matter
Text pending, relationship of amendment to, as factor in determination
as to, ch 26 Sec. Sec. 2, 3, 15
Text to which proposition must be germane, see above, Proposition to
which amendment must be germane
Title of bill not controlling in determination as to, ch 26 Sec. 2
Title or section of bill to which offered, amendment must be germane
to, ch 26 Sec. Sec. 3, 15
Waiving statute, amendment, ch 26 Sec. 31

HISTORIAN OF THE HOUSE OF REPRESENTATIVES, OFFICE OF

Description of, ch 35 Sec. 5

HOUR RULE, see DEBATE

HOUSE AS IN COMMITTEE OF THE WHOLE

Appropriation bills, consideration of, in, see APPROPRIATION BILLS
Bills, public, considered under five-minute rule by unanimous consent,
ch 12 Sec. 1
Committee of the Whole, distinguished from, ch 12 Sec. 1
District of Columbia business, consideration of, see DISTRICT OF
COLUMBIA BUSINESS
General debate, procedure permits consideration without, ch 16 Sec. 8
Procedures in--
motions, ch 12 Sec. 1
previous question, use of, ch 12 Sec. 1
Private bills, see PRIVATE BILLS

IMPEACHMENT

Abusing or exceeding powers of office, ch 27 Sec. 4
Adjournment, effect of, ch 27 Sec. 5
Behavior grossly incompatible with office, ch 27 Sec. 4
Censure not germane to impeachment, ch 27 Sec. 8
Committee investigations--
access to materials, ch 27 Sec. 7
confidentiality of materials, ch 27 Sec. 7
subcommittees, role of, ch 27 Sec. 7
Consideration in House, see below, Procedure for consideration in
House

[[Page 1003]]

Criminal or noncriminal nature of offense, ch 27 Sec. 4
Disqualification from holding further office, ch 27 Sec. 10
Exceeding or abusing powers of office, ch 27 Sec. 4
Grounds, constitutional--
bribery, ch 27 Sec. 3
high crimes and misdemeanors, see below, High crimes and
misdemeanors
judges, Federal, impeachment of, ch 27 Sec. 3
public interest, offense as prejudicial to, ch 27 Sec. 3
treason, ch 27 Sec. 3
High crimes and misdemeanors--
criminal or noncriminal nature of offense, ch 27 Sec. 4
historical usage, ch 27 Sec. 3
serious and substantial nature of offense, ch 27 Sec. 3
History, ch 27 Sec. 1
Improper purpose, using office for, ch 27 Sec. 4
Indictable offenses, issue as to whether remedy limited to, ch 27
Sec. 4
Initiation of proceedings--
articles of impeachment, ch 27 Sec. Sec. 1, 6
charges, methods of instituting, ch 27 Sec. 6
resolution in House, ch 27 Sec. 6
Judges, Federal, impeachment of--
``good behavior'' clause applicable to Federal judges,
interpretation of, ch 27 Sec. 3
grounds for, ch 27 Sec. 3
historical data, ch 27 Sec. 4
Managers, reappointment of, in new Congress, ch 27 Sec. 5
Personal gain, use of office for, ch 27 Sec. 4
Persons subject to impeachment--
civil officers of United States, ch 27 Sec. 2
Congress, Members of, not subject, ch 27 Sec. 2
independent counsel investigating President, ch 27 Sec. 2
judges, Federal, ch 27 Sec. 2
military officers not subject, ch 27 Sec. 2
President, ch 27 Sec. 2
private citizens who have held no office not subject, ch 27 Sec. 2
Vice President, ch 27 Sec. 2
Presidential impeachment--
grounds, constitutional, ch 27 Sec. 3
historical data, ch 27 Sec. 3
Privileged, impeachment propositions as, ch 27 Sec. 8
Procedure for consideration in House--
debate, ch 27 Sec. 8
motions in order, ch 27 Sec. 8
privileged, impeachment propositions as, ch 27 Sec. 8
Purpose, ch 27 Sec. 1
Referral to committee, ch 27 Sec. 6
Removal from office, ch 27 Sec. 10
Resignation from office, effect of, ch 27 Sec. 2
Senate, trial in--
Clinton, President, account of proceedings in trial of, ch 27 Sec. 9
committee, hearing before, ch 27 Sec. 9
Constitutional role of Senate, ch 27 Sec. Sec. 1, 9
counsel, role of, ch 27 Sec. 9
evidence, presentation of, ch 27 Sec. 9
``full'' Senate, trial before, ch 27 Sec. 9
judgment, ch 27 Sec. 10
removal and disqualification from further office, divisibility of
question on, ch 27 Sec. 10
testimony by accused, ch 27 Sec. 9
voting, ch 27 Sec. 10
Term of office, offense committed prior to, ch 27 Sec. 3
Time of committing offense as factor, ch 27 Sec. 3
Trial, see above, Senate, trial in

INQUIRY, RESOLUTIONS OF

Adjournment, effect of, ch 49 Sec. 7

[[Page 1004]]

Availability requirement, three-day, subject to, ch 49 Sec. 7
Cabinet officers, ch 49 Sec. 2
Calling up, ch 49 Sec. 7
Committees, role of, ch 49 Sec. 6
Debate under hour rule, ch 49 Sec. 7
Directed to President or head of executive department, ch 49 Sec. 2
Discharge of committee, ch 49 Sec. 6
Executive branch, means to obtain information from, ch 49 Sec. 1
Form, ch 49 Sec. 1
Opinion, resolution seeking, effect of, ch 49 Sec. 5
President, directed to, ch 49 Sec. 2
Privileged status, ch 49 Sec. Sec. 1, 2, 4, 5
Privileged status, loss of, ch 49 Sec. Sec. 2, 4, 5
Responses by executive branch--
disposition of, ch 49 Sec. 8
refusal to furnish information, ch 49 Sec. 8
Simple resolution, ch 49 Sec. 1
Subjects of inquiry, illustrative, ch 49 Sec. 3

INSPECTOR GENERAL, OFFICE OF

Description of, ch 35 Sec. 5

INTERVENING BUSINESS

Debate--
amendment, on, ch 2 Sec. 34
Parliamentary inquiry, ch 2 Sec. 34
Recognition for debate on amendment, ch 2 Sec. 34
Unanimous-consent request, granting of, ch 2 Sec. 34
Vacating intervening business, ch 2 Sec. 34

JOINT COMMITTEES

Chair, ch 11 Sec. 14
Committees, table showing jurisdiction and composition of, ch 11
Sec. 14
Composition, ch 11 Sec. 14
Concurrent resolution creating, ch 11 Sec. 2
Creation of, ch 11 Sec. Sec. 1, 2
Establishment of, ch 11 Sec. Sec. 1, 2
Functions generally, ch 11 Sec. 14
Hearings, see applicable subject matter under COMMITTEES, STANDING
Historical background, ch 11 Sec. 14
Investigative authority, manner of conferring, on, ch 11 Sec. 10
Jurisdiction generally, ch 11 Sec. 14
Members, selection of, ch 11 Sec. 1
Procedures in committee, see applicable subject matter under
COMMITTEES, STANDING
Records and files, see applicable subject matter under COMMITTEES,
STANDING
Reports of, see applicable subjects under COMMITTEE REPORTS
Statute, may be established by, ch 11 Sec. 1
Table showing committees, jurisdiction and composition, ch 11 Sec. 14
Witnesses at hearings, see applicable topics under COMMITTEES,
STANDING

JOINT SESSION OR JOINT MEETING

Electoral vote count, see ELECTORAL VOTE
State of the Union address, see PRESIDENT

JOURNAL

Amendments, ch 28 Sec. 9
Approval--
demand for vote, ch 28 Sec. Sec. 4, 8
interruption for business having precedence, ch 28 Sec. 5
motion to approve, ch 28 Sec. 8
precedence of motions incident to, ch 28 Sec. 5
Speaker's approval subject to demand for vote, ch 28 Sec. 4

[[Page 1005]]

Contents--
generally, ch 28 Sec. 2
constitutional requirements, ch 28 Sec. Sec. 2, 3
proceedings included, ch 28 Sec. 2
quorum calls, ch 28 Sec. 3
votes, ch 28 Sec. 3
Corrections, ch 28 Sec. 9
Public record, ch 28 Sec. 1
Reading--
considered as read, when, ch 28 Sec. 4
customs as to, ch 28 Sec. 7
demand that Journal be read in full, ch 28 Sec. 7
motion that Journal be read, ch 28 Sec. 6
procedure for, ch 28 Sec. 7
Record, official, ch 28 Sec. Sec. 1, 4

LAW REVISION COUNSEL, OFFICE OF

Description of, ch 36 Sec. 6

LAYOVER REQUIREMENT FOR COMMITTEE REPORTS, see COMMITTEE REPORTS

LEGISLATION ON APPROPRIATION BILLS

Agriculture, rulings on provisions relating to, ch 4 Sec. 33
Allocation of funds, provisions changing--
existing law, directing obligation of funds in manner contrary to,
ch 4 Sec. 34
formula in law, provision changing, ch 4 Sec. 34
limitation on use of funds, see below, Limitation on use of funds
mandating expenditures in manner inconsistent with law, ch 4 Sec. 34
priorities in expenditure, changing, ch 4 Sec. 34
removal of statutory limitation on obligation of funds, ch 4 Sec. 34
Amending existing law, see below, Existing law, relationship to or
effect on, of disputed provision
Availability of funds, provisions affecting period of--
expended, funds to remain available until, ch 4 Sec. 39
fiscal year covered by bill, funds made available beyond, ch 4
Sec. 38
``immediately available'' prior to start of fiscal year, funds made,
ch 4 Sec. 38
permanent appropriations as authorized by law, ch 4 Sec. 38
public buildings, funds for completion of, ch 4 Sec. 38
ruled out, examples of provisions, ch 4 Sec. 38
Burden of proof when point of order is raised--
Committee on Appropriations, burden is on, to show validity of
provision, ch 4 Sec. 27
proponent of amendment, ch 4 Sec. 27
Commerce, rulings on provisions relating to, ch 4 Sec. 33
Committee report from Committee on Appropriations must note
unauthorized appropriations and changes in existing law, ch 4
Sec. 8
Conditions or contingencies, provisions attaching, to appropriations--
congressional action or report to Congress required as condition, ch
4 Sec. 30
duties, imposing, on officials, see below, Duties, imposing new, or
conferring new authorities
law, State, conditions relating to interpretation of, ch 4 Sec. 57
local or State officials, determinations by, ch 4 Sec. 54
``made known'' to officials, funds made available on condition
information be, ch 4 Sec. 54
ruled out, examples of language that was, ch 4 Sec. 29

[[Page 1006]]

State or local officials, determinations by, ch 4 Sec. 54
subsequent, condition, ch 4 Sec. 56
``unless,'' ``until,'' and ``provided,'' use of, to introduce
conditions, ch 4 Sec. 29
Congressional action, further, attached as condition to appropriation,
see above, Conditions or contingencies, provisions attaching, to
appropriations
Congressional employment and compensation, rulings on provisions
relating to, ch 4 Sec. 33
Construction of rule, strict, ch 4 Sec. 27
Contract authority, granting or changing, see below, Duties, imposing
new, or conferring new authorities
Contract authority provided by law other than appropriations Act,
rescission of, ch 7 Sec. 17
Discretion of official, provision limiting or enlarging--
conditions on, imposing, ch 4 Sec. 43
earmarking funds, ch 4 Sec. 43
enlarging, ch 4 Sec. Sec. 43, 53
limitation on use of funds may constitute legislation, ch 4 Sec. 53
lump-sum authorization, specific appropriation as limiting
discretion in allotting funds under, ch 4 Sec. 12
restricting, ch 4 Sec. 43
Duties, imposing new, or conferring new authorities--
general principles, ch 4 Sec. Sec. 41, 54
approval, to give, ch 4 Sec. 41
burden of proof as to requirement of existing law respecting
proposed duties, ch 4 Sec. 42
certifications, to make, ch 4 Sec. 41
contingent upon performance of new duty by official, appropriations
made, ch 4 Sec. 56
contract authority, granting or changing, ch 4 Sec. 45
determinations, to make, ch 4 Sec. Sec. 31, 41, 42, 54
different duties from those contemplated by law, ch 4 Sec. 31
direction to official, affirmative, distinguished from negative
prohibition on use of funds, ch 4 Sec. 54
discretion of official, proposition affecting, see above, Discretion
of official, provision limiting or enlarging
incidental to duties already required by law, where proposed duties
are, ch 4 Sec. Sec. 42, 54
investigations or studies, mandating, ch 4 Sec. 44
law, duty of interpreting, ch 4 Sec. 55
law or rules, existing, implementation of, ch 4 Sec. 55
local or State officials, determinations by, ch 4 Sec. 54
``made known'' to officials, funds made available on condition
information be, ch 4 Sec. 54
reports, to submit, ch 4 Sec. 41
rulings, illustrative, that provisions constituted legislation, ch 4
Sec. Sec. 31, 54
State or local officials, determinations by, ch 4 Sec. 54
studies or investigations, mandating, ch 4 Sec. 44
substantial additional duties, ch 4 Sec. 31
transfer funds among accounts in bill, authority to, ch 4 Sec. 36
Emergency spending, designating appropriation as, ch 4 Sec. 34

[[Page 1007]]

Existing law, relationship to or effect on, of disputed provision--
amendment of law, ch 4 Sec. 28
change in text of law, ch 4 Sec. 28
construing law, ch 4 Sec. 32
description of law, ch 4 Sec. 32
enactment of law where none exists, ch 4 Sec. 28
incorporation by reference of law, ch 4 Sec. 32
interpreting law, ch 4 Sec. 32
referring to law, ch 4 Sec. 32
repeal, ch 4 Sec. 28
ruled out, provisions interpreting law that were, ch 4 Sec. 32
waiver of law, ch 4 Sec. 28
Federal employment, rulings on provisions relating to, ch 4 Sec. 33
Foreign affairs, rulings on provisions relating to, ch 4 Sec. 33
Formula in law governing allotment of funds, provision changing, ch 4
Sec. 34
Funding, changing source or method of--
borrowing authority in lieu of direct appropriation, ch 4 Sec. 34
special fund for particular purpose, expenditures from general funds
where law has established, ch 4 Sec. 34
trust funds, unauthorized expenditures from, ch 4 Sec. 34
Funds, changing allocation of, see above, Allocation of funds,
provisions changing
History of rule, ch 4 Sec. 27
Holman rule--
floor consideration of provisions under, ch 4 Sec. 49
funds in other bills, provisions affecting, not within exception, ch
4 Sec. Sec. 46, 47
general appropriation bills, applies to, ch 4 Sec. 46
germaneness requirement under, ch 4 Sec. 47
limitations and retrenchments distinguished, ch 4 Sec. 46
offered by any Member after reading of bill completed, amendment as,
ch 4 Sec. 49
reducing amounts of money covered by bill, retrenchment as, ch 4
Sec. 46
reported by Committee on Appropriations, provisions are, ch 4
Sec. 48
strictly construed, ch 4 Sec. 46
Housing programs, rulings on provisions relating to, ch 4 Sec. 33
Limitation on amount available for expenditure, effect of language
seeking to waive, ch 4 Sec. 14
Limitation on use of funds--
direction to official, affirmative, distinguished from negative
prohibition on use of funds, ch 4 Sec. 54
exception to limitation as not in order if adding legislative
language, ch 4 Sec. 57
increase in spending, purported limitation which results in, ch 4
Sec. 51
minimum amount, provision directing expenditure of, is not negative
limitation, ch 4 Sec. 34
negative restriction or limitation as permitted (see also
APPROPRIATION BILLS), ch 4 Sec. Sec. 34, 50
recipients, qualifications of, legislative language addressing, ch 4
Sec. 58
removing statutory limitation, ch 4 Sec. 34
Mandating expenditures, see above, Allocation of funds, provisions
changing
Obligation or distribution of funds contrary to existing law, see
above,

[[Page 1008]]

Allocation of funds, provisions changing
Other acts, provisions affecting funds in, ch 4 Sec. Sec. 35, 59
Perfecting provision permitted to remain, ch 4 Sec. 69
Point of order, enforcement of rule depends on raising, ch 4 Sec. 27
Priorities in expenditure, provision changing, ch 4 Sec. 34
Public works programs, rulings on provisions relating to, ch 4 Sec. 33
Recommit with instructions, motion to, rule is applicable to, ch 4
Sec. 27
Reimbursement or refund of appropriated funds, language providing for
use of funds generated by, ch 4 Sec. 40
Rescissions, exception for, from prohibition on legislation on
appropriations, does not extend to amendments, ch 7 Sec. 17
Rescissions may constitute legislation, ch 4 Sec. 35; ch 7 Sec. 17
Rescissions of certain contract authorities, ch 7 Sec. 17
Rescissions reported in bills as not within prohibition, ch 7 Sec. 17
Retrenching expenditures, see above, Holman rule
Rule applicable, generally, ch 4 Sec. Sec. 7, 27
Rule prohibiting, ch 4 Sec. Sec. 7, 27
Self-executing amendments under special orders of business,
prohibition not applicable to, ch 4 Sec. 27
Senate amendments, see SENATE AMENDMENTS
Senate legislation on House bill, see CONFERENCE REPORTS
Senate, rule in, see SENATE, PRACTICE IN
Sources or methods of funding, provisions changing, see above,
Funding, changing source or method of
Transfer of funds--
previously appropriated funds, ch 4 Sec. 37
same bill, transfer within, may not include legislative language, ch
4 Sec. 36
Unauthorized appropriations, comparison of rule prohibiting, with rule
relating to legislation, ch 4 Sec. 7
Waiving existing law, provision--
point of order, as subject to, generally, ch 4 Sec. 28
``notwithstanding provisions of any other law,'' language
appropriating funds, ch 4 Sec. 28

LEGISLATIVE COUNSEL, OFFICE OF

Description of, ch 35 Sec. 6

LEGISLATIVE SCHEDULE, see SCHEDULE, LEGISLATIVE

LEGISLATIVE VETO, see DISAPPROVAL ACTION, CONGRESSIONAL

LIMITATIONS ON APPROPRIATION BILLS, see APPROPRIATION BILLS; LEGISLATION ON
APPROPRIATION BILLS

MANAGERS OF CONFERENCE, see CONFEREES OR MANAGERS

MEDIA COVERAGE OF PROCEEDINGS, see TELEVISION AND RADIO COVERAGE OF
PROCEEDINGS

MEETING, DAILY HOURS OF

Change in, ch 1 Sec. 2

[[Page 1009]]

MEMBERS AND MEMBERS-ELECT

Business conducted by Members-elect at assembly of Congress, ch 5
Sec. 4
Credentials, see CREDENTIALS
Elections, see ELECTIONS
Exclusion of--
expulsion, distinguished from, ch 25 Sec. 1
Powell v. McCormack, ch 25 Sec. 1
Expulsion of Member, see ETHICS
Oath, see OATH
Qualifications of, constitutional right of House to determine, ch 25
Sec. 1
Resignation, see RESIGNATION
Rights of Members-elect at assembly of Congress, ch 5 Sec. 4
Roll, Clerk's, at assembly of Congress, ch 5 Sec. 4
Vacancies, Members elected to fill, included on roll after oath
administered, ch 5 Sec. 5

MEMBERS, FORMER

Decorum, observance of rules of, ch 10 Sec. 2
Floor privileges of, ch 10 Sec. 2

MESSAGES BETWEEN THE HOUSES

Bills, messages relating to--
passage of bill, see PASSAGE AND ENACTMENT OF BILLS
referral of, ch 30 Sec. 3
return of bill, request for, ch 30 Sec. 3
Copies of lost documents, ch 30 Sec. 4
Correction of errors in, ch 30 Sec. 4
Delivery of, error in, ch 30 Sec. 4
Errors in, correction of, ch 30 Sec. 4
Lost documents, ch 30 Sec. 4
Purposes for which used, ch 30 Sec. 1
Reception of, ch 30 Sec. 2
Uses, ch 30 Sec. 1

MORNING HOUR CALL OF COMMITTEES

Authorization by committee to call up bill, ch 31 Sec. 2
Business considered under, ch 31 Sec. 2
Committee of the Whole, motion to go into, ch 31 Sec. 3
Consideration, rarely used procedure for calling bills up for, ch 31
Sec. 1
House Calendar, rarely used procedure for calling up bills on, for
consideration, ch 31 Sec. 1
Interruption by privileged business, ch 31 Sec. 3
Intervening business, ch 31 Sec. 3
Precedence of, ch 31 Sec. 1
Termination of morning hour, ch 31 Sec. 3

MORNING-HOUR DEBATE, SEE DEBATE

MOTIONS

Amended, motions that may be, ch 2 Sec. 10
Amended, motions that may not be, ch 2 Sec. 10
Committee of the Whole, motions used in, see COMMITTEE OF THE WHOLE
Dilatory, motions considered as, ch 32 Sec. 4
Enacting clause, motion relating to, see ENACTING CLAUSE, MOTION
RELATING TO
Form, ch 32 Sec. 2
Lay on the table, to, see TABLE, MOTION TO LAY ON
Modification of, ch 32 Sec. 5
Offering--
manner of, ch 32 Sec. Sec. 1, 3
rising and addressing chair, ch 32 Sec. Sec. 1, 3
Postpone, to, see POSTPONEMENT
Precedence--
(see also specific motions, e.g., ADJOURNMENT; PREVIOUS QUESTION;
SUSPENSION OF RULES)
amend, motion to, precedence of, ch 12 Sec. 21

[[Page 1010]]

enacting clause, motion relating to, see ENACTING CLAUSE, MOTION
RELATING TO
rule, assigned by, ch 2 Sec. 9
Previous question, for, see PREVIOUS QUESTION
Quorum, motions requiring, see QUORUMS
Reading of, ch 32 Sec. 2
Recognition to offer--
discretion of Chair, ch 32 Sec. 3
manager of bill, prior recognition for, ch 32 Sec. 3
purpose in seeking, Chair's inquiry as to, ch 32 Sec. 3
rejection of essential motion, recognition as passing to opposition
after, ch 32 Sec. 3
Reoffering, ch 32 Sec. 5
Restatement of motion by Chair, ch 32 Sec. 2
Specific motions, see specific topics, e.g., ADJOURNMENT; COMMITTEE OF
THE WHOLE; SUSPENSION OF THE RULES; AMENDMENTS
Withdrawal of, ch 32 Sec. 5; ch 59 Sec. 1
Writing, motion shall be reduced to, on demand of any Member, ch 12
Sec. 20; ch 32 Sec. 2

OATH

Absent Members, ch 33 Sec. 2
Administering oath of office, ch 33 Sec. 1
Certificate of election, challenge to validity of, effect of, ch 23
Sec. 3
Certificate of election, Member-elect sworn in advance of receipt of,
ch 23 Sec. 3; ch 33 Sec. 1
Challenge to right to be sworn--
classified information, oath prior to obtaining access to, ch 33
Sec. 4
constitutional authority, ch 33 Sec. 3
procedure, ch 33 Sec. 3
Deputies, use of, ch 33 Sec. 2
Election dispute, effect of, ch 23 Sec. 3
Failure to take oath, ch 33 Sec. 1
Members-elect--
Administration of oath to, ch 33 Sec. 1
legislative business, oath must precede, ch 5 Sec. 8
Privilege of administration of oath to Member-elect, degree of, ch 33
Sec. 1
Refusal to take oath, ch 33 Sec. 1
Resolution, administration of oath may be authorized by, ch 33
Sec. Sec. 1, 3
Unanimous consent to administer, ch 33 Sec. 1

OFFICERS OF HOUSE

(See also particular officers, e.g., CLERK OF THE HOUSE)
Chaplain, separate vote on, ch 35 Sec. 2
Constitutional provisions regarding, ch 35 Sec. 1
Election of, ch 35 Sec. 2
Division of resolution, ch 35 Sec. 2
Oath, ch 35 Sec. 2
Offices established by rule or statute, see specific offices or
officers
Removal from office, ch 35 Sec. 3
Rule or statute, certain offices established by, see specific offices
or officers, e.g., GENERAL COUNSEL, OFFICE OF; INSPECTOR GENERAL,
OFFICE OF; PARLIAMENTARIAN, OFFICE OF
Statute or rule, certain offices established by, see specific offices
or officers, e.g., GENERAL COUNSEL, OFFICE OF; INSPECTOR GENERAL,
OFFICE OF; PARLIAMENTARIAN, OFFICE OF
Vacancies, ch 35 Sec. 4

ONE-MINUTE SPEECHES

Limit, Speaker may, ch 36 Sec. 3
Recognition--
alternation between majority and minority, ch 16 Sec. 50
Speaker, discretion of, ch 16 Sec. 50

[[Page 1011]]

Scheduled business, prior to, Speaker may recognize for one-minute
speeches, ch 36 Sec. 3

ORDER OF BUSINESS

Calendar Wednesday, see CALENDAR WEDNESDAY
Daily order of business--
prayer and approval of Journal as preceding other business, ch 36
Sec. 2
rule, applicable, ch 16 Sec. 2; ch 36 Sec. Sec. 1, 2
One-minute speeches, see ONE-MINUTE SPEECHES
Private Calendar, see PRIVATE BILLS
Privileged business, see PRIVILEGED BUSINESS
Regular sequence of business, see above, Daily order of business
Scheduling business, see SCHEDULE, LEGISLATIVE
Special days (see also specific topics, e.g., CALENDAR WEDNESDAY;
SUSPENSION OF RULES; PRIVATE BILLS)
rule setting forth, ch 36 Sec. Sec. 1, 6
Special-order speeches, see SPECIAL-ORDER SPEECHES
Special orders of business as affecting, see SPECIAL ORDERS OF
BUSINESS
Unanimous-consent orders as affecting, see UNANIMOUS CONSENT
Varying the order of business (see also specific topics, e.g.,
PRIVILEGED BUSINESS; SPECIAL ORDERS OF BUSINESS; UNANIMOUS
CONSENT)
generally, ch 36 Sec. 1
rule permitting House to depart from daily order, ch 36 Sec. 1

ORGANIZATION OF CONGRESS, see ASSEMBLY OF CONGRESS

OVERSIGHT FUNCTIONS OF HOUSE, see COMMITTEES, STANDING

PARLIAMENTARIAN, OFFICE OF

Description of, ch 35 Sec. 6

PARLIAMENTARY INQUIRY

Advisory opinions, Chair does not render, ch 37 Sec. 14
Appeal, response not subject to, ch 37 Sec. 13
Discretion of Chair as to recognition for, ch 37 Sec. 13
Explanation of pending order of House, ch 37 Sec. 14
Hypothetical questions, Chair does not respond to, ch 37 Sec. 14
Interpret pending measure, Chair does not, ch 34 Sec. 4
Interrupting other business, inquiry as, ch 37 Sec. 16
Interrupt Member who has floor, another may not, unless yielded to, ch
16 Sec. 17
Motion or other proposition not to be offered under recognition for
parliamentary inquiry, ch 37 Sec. 14
Relevant to pending question, subject must be, ch 37 Sec. Sec. 14, 15
Subjects for, ch 37 Sec. 14
Time, charging, for, ch 16 Sec. Sec. 17, 54; ch 37 Sec. 16
Timeliness of inquiry, ch 37 Sec. 15
Yielding floor for inquiry, ch 16 Sec. Sec. 17, 54; ch 37 Sec. 16

PASSAGE AND ENACTMENT OF BILLS

Engrossment, see ENGROSSMENT
Enrollment, see ENROLLMENT
Message of transmittal of bill, ch 44 Sec. 9
President, delivery of measures to, ch 44 Sec. Sec. 10, 13
Readings--
amendment, reading for, see AMENDMENTS
first reading, ch 44 Sec. 3

[[Page 1012]]

second reading (see also AMENDMENTS), ch 44 Sec. 4
third reading, ch 44 Sec. 5
Return of bill, message requesting, ch 44 Sec. 9
Stages in passage, generally, ch 44 Sec. 1
Transmittal of bills between Houses, ch 44 Sec. 9

PETITIONS AND MEMORIALS

Clerk, delivered to, ch 6 Sec. 6
State other than Member's own, Member may present petition from
citizens of, ch 6 Sec. 6

PHOTOGRAPHS IN CHAMBER

Official photograph of House in session, resolution permitting, ch 10
Sec. 5
Permission required, ch 10 Sec. 5
Speaker enforces rules, ch 10 Sec. 5

PLACE OF MEETING see ASSEMBLY OF CONGRESS

POINTS OF ORDER

Absence of point of order does not preclude Chair's ruling amendment
out of order, ch 2 Sec. 1
Appeals on ruling (see also APPEALS), ch 37 Sec. 12
Burden of proof, ch 37 Sec. 9
Chair's initiative in ruling amendment out of order where no point of
order has been made, ch 2 Sec. 1
Clerk of the House, role of, in ruling on points of order prior to
election of Speaker, ch 37 Sec. 2
Consideration of bill, point of order against, ch 37 Sec. Sec. 1, 5
Debate on, is at discretion of Chair, ch 12 Sec. 18; ch 37 Sec. 9
Debate on, must be confined thereto, ch 12 Sec. 18; ch 37 Sec. 9
Defined, ch 37 Sec. 1
Effect of point of order on pending business, ch 37 Sec. 8
Form, ch 37 Sec. 1
Germaneness rule, points of order under, see GERMANENESS OF AMENDMENTS
Grounds, ch 37 Sec. 7
House, submission of question on point of order to, ch 37 Sec. 2
Multiple points of order, ch 37 Sec. 1
New Congress, points of order at organization of, ch 37 Sec. 2
Opposition to, ch 37 Sec. 1
Pending business, effect of point of order on, ch 37 Sec. 8
Precedent, prior ruling as, ch 37 Sec. 2
Recommit with instructions, amendments to motion to, against, ch 37
Sec. 7
Reservation of--
benefit of all Members, inures to, so that any Member may assert
point of order, ch 2 Sec. 33
debate on merits pending point of order, ch 2 Sec. 33
effect of, ch 37 Sec. 3
procedure, ch 37 Sec. 3
withdrawal, effect of, ch 37 Sec. 3; ch 59 Sec. 4
Reversal of prior ruling, ch 37 Sec. 2
Rules of House, based on violation of, ch 37 Sec. 7
Rulings by Chair--
ambiguities in language, resolving, ch 37 Sec. 2
argument, hearing, ch 37 Sec. 2
factors in Chair's ruling, ch 37 Sec. 2
limitation on scope of issues determined by Chair, ch 37 Sec. 7
Timeliness of--
amendments, points of order against, ch 37 Sec. 6
``at any time,'' certain points of order may be raised, ch 2
Sec. 34; ch 37 Sec. 4
bills and resolutions, points of order against, ch 37 Sec. 5

[[Page 1013]]

consideration of bill, against, raised in House, ch 12 Sec. 18; ch
37 Sec. 5
debate on amendment, before, ch 2 Sec. 34
debate on amendment, untimely after, ch 12 Sec. 18
House, after amendment reported to, ch 12 Sec. 18
intervening amendments, effect of, ch 37 Sec. 4
intervening business, effect of, ch 2 Sec. 34
intervening debate, effect of, ch 37 Sec. 4
reading or agreement that amendment be considered as read,
immediately after, ch 2 Sec. 34
Waiver of--
special order of business, by (see also SPECIAL ORDERS OF BUSINESS),
ch 37 Sec. 10
suspension of rules, by (see also SUSPENSION OF RULES), ch 37
Sec. 10
unanimous consent, by (see also UNANIMOUS CONSENT), ch 37 Sec. 10
Withdrawal of, ch 37 Sec. 11; ch 59 Sec. 4

POSTPONEMENT

Motion to postpone indefinitely--
generally, ch 38 Sec. 6
adoption, effect of, ch 38 Sec. 6
adverse disposition, considered as, ch 38 Sec. 6
amendable, not, ch 38 Sec. 8
application to particular propositions, ch 38 Sec. Sec. 6, 7
Committee of the Whole, not in order in, ch 38 Sec. 1
debate on, ch 38 Sec. 8
disposition, effect of, ch 38 Sec. Sec. 1, 6
part of proposition, not applicable to, ch 38 Sec. 6
precedence of, ch 38 Sec. 7
repeating motion, ch 38 Sec. 1
rule, applicable, ch 38 Sec. 6
Motion to postpone to day certain--
generally, ch 38 Sec. 2
adoption, effect of, ch 38 Sec. 2
amendment, subject to, ch 38 Sec. 5
application of, to particular propositions, ch 38 Sec. 4
Committee of the Whole, not in order in, ch 38 Sec. 1
debate on, ch 38 Sec. 5
discharge, not applicable to motion to, ch 38 Sec. 4
disposition, effect of, ch 38 Sec. 1
form, ch 38 Sec. 2
``next legislative day'' considered as day certain, ch 38 Sec. 2
part of proposition, not applicable to, ch 38 Sec. 4
precedence of, ch 38 Sec. 3
repeating motion, ch 38 Sec. 1
special order of business, applicable to, after rejection of
previous question, ch 38 Sec. 4
time for making, ch 38 Sec. 2
voting on, ch 38 Sec. 2
Rule, applicable, ch 38 Sec. 1
Speaker's authority with respect to, ch 38, Sec. 1
Special order of business, by, ch 38 Sec. 1
Statutes, provided for in, ch 38 Sec. 1
Votes, postponement of, see VOTING

PREAMBLE OF BILL OR RESOLUTION, see AMENDMENTS

PRECEDENTS OF THE HOUSE

(See also RULES OF THE HOUSE)
Generally, ch 50 Sec. 1
Binding, as, ch 50 Sec. 1
Custom, effect of, ch 50 Sec. 1
Overruling precedents, ch 50 Sec. 2

PRESIDENT

Budget, submission of, see BUDGET PROCESS

[[Page 1014]]

Disability of--
Congress, role of, concerning, ch 24 Sec. 4
disputes as to, ch 24 Sec. 4
messages concerning, ch 24 Sec. 4
Election of President and Vice President--
electoral vote, see ELECTORAL VOTE
Executive privilege, claim of--
review by courts, ch 17 Sec. 4
Incapacity of, see above, Disability of
State of the Union address referred to Committee of the Whole by
motion, ch 12 Sec. 2

PREVIOUS QUESTION

Adjournment, effect of, when previous question operating, ch 39
Sec. 17
Amendment, ordering previous question on, ch 2 Sec. 26
Amendment, precedence over, ch 16 Sec. 16
Amendment, where Member controlling time yields for, another may move
previous question, ch 16 Sec. 16
Adoption, effect of, ch 2 Sec. 26
Applicability to particular questions or propositions, ch 39 Sec. 7
Calendar Wednesday, bills considered on, see CALENDAR WEDNESDAY
Debate on motion, ch 39 Sec. 8
Disposition, ch 39 Sec. 8
Effect of--
amendments, on, ch 39 Sec. 12
debate, on, ch 39 Sec. Sec. 10, 11
divided debate, on, ch 39 Sec. 11
Final passage, effect of ordering previous question on bill to, ch 39
Sec. 7
House as in Committee of the Whole, use in, ch 12 Sec. 1
Incidental questions, effect on, ch 39 Sec. 7
Interrupt Member recognized for debate, motion may not, ch 2 Sec. 9
Intervention of other matters, ch 39 Sec. 5
Motions and propositions to which applicable, ch 39 Sec. 7
Offering motion--
generally, ch 39 Sec. 2
time for offering, ch 39 Sec. 3
who may offer, ch 39 Sec. 4
Precedence of, ch 39 Sec. Sec. 5, 6
Propositions to which applied, ch 39 Sec. 7
Purpose, ch 39 Sec. 1
Quorum requirements, ch 39 Sec. 3
Recognition after defeat of, ch 16 Sec. 45; ch 39 Sec. 16; ch 46
Sec. 12
Recommit, motion to--
ordering previous question, after, ch 39 Sec. 13
pending motion for previous question, ch 39 Sec. 13
Reconsideration, ch 39 Sec. 14
Refusal of, effect of--
consideration, further, as permitting, ch 39 Sec. 15
recognition of opposition, ch 16 Sec. 45; ch 39 Sec. 16; ch 46
Sec. 12
special order of business, debate on, ch 16 Sec. 15
Senate amendment in disagreement, applicability to motion disposing
of, ch 39 Sec. 7

PRIVATE BILLS

Amendments to--
class of individuals, not in order to extend benefits of bill to, ch
6 Sec. 16
germaneness rule, application of, ch 6 Sec. 16
opposition to amendment, members of reporting committee have
priority of recognition in, ch 6 Sec. 16
pro forma amendments not in order, ch 6 Sec. 16
Calendar, Private--
called up after seven days on calendar, private bills traditionally
are, ch 6 Sec. 15
calling the calendar, ch 40 Sec. 2

[[Page 1015]]

dispensing with the call, ch 40 Sec. 3
objectors, official, review of bills by, ch 6 Sec. 15
order waiving rules governing, ch 40 Sec. 3
purpose, ch 40 Sec. 1
referrals to, ch 40 Sec. 1
time for calling, ch 40 Sec. 2
waiver of rules governing, ch 40 Sec. 3
Claims against government--
omnibus claim bill, ch 6 Sec. 14
procedures for consideration, ch 6 Sec. 18
subject matter of representative claims granted redress, ch 6
Sec. 18
Tort Claims Act, remedies available under, private bill not to
substitute for, ch 6 Sec. 17
Combining several bills in omnibus legislation, ch 6 Sec. 13
Consideration of, procedure for, ch 6 Sec. 15
Constitutionality, ch 6 Sec. Sec. 13, 18
Debate on, ch 40 Sec. 5
Defined, ch 6 Sec. 14
Errors in, correction of, ch 6 Sec. 15
History, ch 6 Sec. 13
Immigration and naturalization laws, exemptions from requirements of,
ch 6 Sec. Sec. 17, 19
Introduction of, ch 6 Sec. 15
Objections, ch 40 Sec. 4
Objectors, official, review of bills by, ch 6 Sec. 15
Omnibus private bills, ch 6 Sec. 13; ch 40 Sec. 6
Order waiving rules governing Private Calendar, ch 40 Sec. 3
Pension bills, private, restrictions on, ch 6 Sec. 17
Procedure for consideration, ch 6 Sec. 15
Prohibited, certain private bills as, ch 16 Sec. 1
Property rights, conveyance of, ch 6 Sec. 17
Referral to committee, ch 6 Sec. 15
Remedies, other, effect of availability of, ch 6 Sec. 17
Resolutions and bills as eligible for consideration, ch 40 Sec. 1
Screening procedures, ch 40 Sec. 4
Senate and House, action of, on, ch 40 Sec. 8
Sponsorship of, ch 6 Sec. 15
Subject matter considered, ch 6 Sec. Sec. 17, 18
Tort Claims Act, remedies available under, private bill not to
substitute for, ch 6 Sec. 17
Unfinished business, disposition of, ch 40 Sec. 7
Waiver of rules governing Private Calendar, ch 40 Sec. 3

PRIVILEGED BUSINESS

Appropriation bills (see also APPROPRIATION BILLS), ch 36 Sec. 7
Committee reports, certain, as privileged (see also COMMITTEE REPORTS;
COMMITTEES STANDING), ch 36 Sec. 5
Conference reports, see CONFERENCE REPORTS
Constitutional sources, ch 36 Sec. 4
Constitution, discharge of committee from consideration of matter
privileged under, see DISCHARGING MEASURES FROM COMMITTEES
Discharge, motion to (see also DISCHARGING MEASURES FROM COMMITTEES),
ch 36 Sec. 7
Disciplinary action against Member, see ETHICS
Election contests and disputes, see ELECTION CONTESTS AND DISPUTES
Electoral vote, concurrent resolution providing for counting of, see
ELECTORAL VOTE
Laws, rules, and customs as establishing privilege, ch 36 Sec. 4

[[Page 1016]]

Layover requirements, applicability of, ch 36 Sec. 6
Motions, privileged, ch 36 Sec. 7
Questions of privilege distinguished, ch 36 Sec. 4
Nonprivileged matter, effect of inclusion of, in measure that would
otherwise be reported as privileged, ch 16 Sec. 1
Order of business, motions relating to, ch 36 Sec. 7
Rules, House, certain business as privileged under, ch 36 Sec. Sec. 5,
6
Sources of privilege, ch 36 Sec. 4
Special orders of business, see SPECIAL ORDERS OF BUSINESS
Suspension of rules, see SUSPENSION OF RULES

PRIVILEGES OF THE HOUSE

Arrest, privilege of Members from, ch 42 Sec. 1
Committee of the Whole, not in order to raise question in, ch 42
Sec. 14
Constitutional prerogatives, issues relating to, ch 42 Sec. 5
Contempt proceedings, questions relating to, ch 42 Sec. 5
Debate on, ch 42 Sec. 15
Disciplinary action against Member, see ETHICS
Disclosure of executive session materials, ch 42 Sec. 12
Disposition, ch 42 Sec. 15
Enforcement of orders and subpoenas, ch 42 Sec. 5
Executive session, disclosure of materials from, ch 42 Sec. 12
Expungement from Record, ch 42 Sec. 7
Impeachment, resolutions related to, see IMPEACHMENT
Judicial proceedings, intervention in, by House or its employees, ch
42 Sec. 6
Jurisdiction of House, questions relating to, ch 42 Sec. 5
Legal counsel, provisions for, ch 42 Sec. 13
Motions during consideration of question, ch 42 Sec. 15
Notice of intention to raise question, requirements as to, ch 42
Sec. 14
Orders, enforcement of, ch 42 Sec. 5
Personal privilege, see PRIVILEGE, PERSONAL, QUESTION OF
Precedence of, ch 42 Sec. 2
Presenting question, ch 42 Sec. 14
Privileged questions distinguished, ch 42 Sec. 1
Process, service of, see below, Service of process
Raising question of, ch 42 Sec. Sec. 1, 14
Record, Congressional, correction of, ch 42 Sec. 7
Resolution raising question of--
debate on, ch 42 Sec. 15
motions during consideration, ch 42 Sec. 15
notice requirement, ch 42 Sec. 14
privileged, as, ch 42 Sec. 14
Service of process--
procedure in complying with process, ch 42 Sec. 9
response, conditions or limitations as to, ch 42 Sec. 11
response, resolutions in, ch 42 Sec. 10
Speech and debate, privilege of, ch 42 Sec. 1
Subpoenas, enforcement of, ch 42 Sec. 5

PRIVILEGE, PERSONAL, QUESTION OF

Basis of privilege--
charges by fellow Member, ch 42 Sec. 17
debate, words used in, not proper basis, ch 16 Sec. 26; ch 42
Sec. 17
press, charges in, ch 42 Sec. 18
rights, reputation and conduct of individual Members, questions
affecting, ch 42 Sec. 16
Charges by fellow Member, ch 42 Sec. 17
Debate on the question, ch 42 Sec. 20

[[Page 1017]]

Debate time, limit on, ch 16 Sec. 48
Debate, words spoken in, not proper basis, ch 16 Sec. 26; ch 42
Sec. 17
Integrity or reputation, reflection on, ch 42 Sec. 16
Member, another, charges by, ch 42 Sec. 17
Members, rights and reputation of, questions affecting, ch 42 Sec. 1
Opinions about voting record or views, expression of, as not giving
rise to, ch 42 Sec. 16
Precedence of, ch 42 Sec. 2
Press, charges in, ch 42 Sec. 18
Procedure for consideration, ch 42 Sec. 19
Raising question of, ch 42 Sec. 19
Representative capacity, relate to Member in, ch 42 Sec. 16
Reputation or integrity, reflection on, ch 42 Sec. 16

PRO FORMA AMENDMENTS, see DEBATE

QUESTION OF CONSIDERATION, see CONSIDERATION, QUESTION OF

QUORUMS

Adjournment, considerations related to, see ADJOURNMENT
Arrest of absent Members, see below, Call of the House
Automatic call of the House, see below, Call of the House
Beginning of session, establishing quorum at, see ASSEMBLY OF CONGRESS
Bells and signals, use of, to alert Members to quorum call, see BELLS
AND SIGNALS
``Business'' requiring quorum--
definition of ``business,'' ch 43 Sec. Sec. 1, 3
vote, where Chair has put pending question to, ch 43 Sec. Sec. 3, 6
Call of the House--
arrest of absent Members, ch 43 Sec. 19
automatic call, ch 43 Sec. Sec. 11, 14
closing or locking doors, ch 43 Sec. 19
Committee of the Whole, procedures in, ch 43 Sec. Sec. 11, 17
compel attendance of absent Members, call initiated by fifteen
Members to, ch 43 Sec. Sec. 11, 13
compulsory attendance, ch 43 Sec. 19
constitutional authority, ch 43 Sec. 11
dispensing with further proceedings, ch 43 Sec. 20
doors, closing or locking, ch 43 Sec. 19
electronic equipment, use of, to record those present and voting, ch
43 Sec. 15
mandated call, ch 43 Sec. Sec. 11, 14
motion for, ch 43 Sec. 12
motion for, recognition by Speaker for, ch 43 Sec. Sec. 11, 12
motions in order during, ch 43 Sec. 18
names published and recorded on a call, ch 43 Sec. 16
respond, time to, ch 43 Sec. 15
securing attendance, ch 43 Sec. 19
Sergeant-at-Arms, role of, ch 43 Sec. 19
time for Members to respond, ch 43 Sec. 15
Committee of the Whole--
calls, quorum, in, ch 43 Sec. Sec. 11, 17
established, point of order restricted where quorum has once been,
ch 43 Sec. 6
objection to vote on ground quorum is not present not permitted in,
ch 43 Sec. 11
point of order of no quorum in, ch 43 Sec. 6
quorum in, what constitutes, ch 43 Sec. 2
Constitutional requirements, ch 43 Sec. 1
Counting to determine presence of quorum--
Ballin decision, ch 5 Sec. 6; ch 43 Sec. 5
method, ch 43 Sec. 5

[[Page 1018]]

present, Members who are, ch 43 Sec. 5
recounts, ch 43 Sec. 5
voting, Members present but not, ch 43 Sec. 5
Dilatory, point of order as, ch 43 Sec. 9
House as in Committee of the Whole, what constitutes a quorum in, ch
43 Sec. 2
House, what constitutes a quorum in, ch 43 Sec. 2
Mandated call of the House, see above, Call of the House
Motion for a call of the House, see above, Call of the House
Motions not requiring quorum, ch 43 Sec. 4
Motions requiring quorum, ch 43 Sec. 4
Objection to vote taken in absence of quorum--
Committee of the Whole, not permitted in, ch 43 Sec. 11
diligence in seeking recognition for, ch 43 Sec. 8
postponement of proceedings, effect of, ch 43 Sec. 7
timeliness of, ch 43 Sec. 8
Point of order of no quorum--
Committee of the Whole, in, ch 43 Sec. 6
dilatory, determination that intent is, ch 43 Sec. 9
established, where quorum has once been, ch 43 Sec. 6
House, in, ch 43 Sec. 6
time for making, ch 43 Sec. 6
vote, after question has been put to, ch 43 Sec. 6
Postponement of proceedings on motion to suspend rules, effect of, ch
43 Sec. 4
Presumption as to presence of quorum, ch 43 Sec. 1
Recess, authorization to Speaker to declare, see RECESS
Vote, point of order is entertained in House if question has been put
to, ch 43 Sec. Sec. 3, 6
Vote, recorded, demand for, see VOTING
Withdrawal of point of order of no quorum, ch 43 Sec. 10; ch 59 Sec. 4

RAMSEYER RULE

Amendment or repeal of statute, rule applicable to bill proposing, ch
11 Sec. 30
Appropriations, Committee on, reports from, ch 11 Sec. 30
Comparative print, ch 11 Sec. 30
Correction of defect, ch 11 Sec. 30
Points of order under, ch 11 Sec. 30
Purpose, ch 11 Sec. 30
Recommittal to correct defect, ch 11 Sec. 30
Rules of House, changes in, comparative print where resolution
proposes, ch 11 Sec. Sec. 29, 30; ch 52 Sec. 2
Substantial compliance, ch 11 Sec. 30
Supplemental report to correct defect, ch 11 Sec. 30
Waiver of points of order by special order of business or unanimous
consent, see SPECIAL ORDERS OF BUSINESS; UNANIMOUS CONSENT

READING BILL FOR AMENDMENT, see AMENDMENTS

READING, ENGROSSMENT AND PASSAGE OF BILLS, see PASSAGE AND ENACTMENT OF
BILLS

RECESS

Adjournment, distinguished from, ch 1 Sec. 1; ch 45 Sec. 1
August recess, see ADJOURNMENT
Authorizing Speaker to declare--
conditions, ch 45 Sec. 2
emergency recess, ch 45 Sec. Sec. 1, 3
emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3

[[Page 1019]]

procedures, ch 45 Sec. 2
quorum requirements, ch 45 Sec. 2
Business that may be transacted during, ch 1 Sec. 1
Postponement of proceedings, following, ch 1 Sec. 1; ch 45 Sec. 3
Purposes, ch 45 Sec. 4
Quorum to authorize Speaker to declare, ch 45 Sec. 2
Speaker's authority to declare short recesses, ch 1 Sec. 1; ch 45
Sec. 3

RECOGNITION

Alternation of recognition--
opposing sides of question, ch 16 Sec. 11; ch 46 Sec. 4
parliamentary inquiry, party affiliation of Member recognized for,
not taken into account, ch 2 Sec. 20
parties, between, ch 16 Sec. 11; ch 46 Sec. 4
Bills, generally, as to, ch 46 Sec. 10
Call up measure, recognition to--
committee member, ch 16 Sec. 13; ch 46 Sec. 7
designation of Member by committee, ch 16 Sec. 13; ch 46 Sec. 7
discretion of Chair, ch 16 Sec. 13; ch 46 Sec. 7
special orders of business, calling up, ch 46 Sec. 13
Close debate, right to, see DEBATE
Committee, reporting, Members of, ch 2 Sec. 20; ch 11 Sec. 1; ch 16
Sec. 10; ch 46 Sec. Sec. 6, 14
Conferences, as to--
instruct conferees, motion to (see also CONFEREES OR MANAGERS), ch
46 Sec. 16
reports, conference, calling up, ch 46 Sec. 16
seek, recognition to, ch 46 Sec. 16
Denial of, basis of, ch 46 Sec. 3
Discharged bills, ch 46 Sec. 10
Discretion of Chair--
amendments, recognition for, ch 2 Sec. 20
appeal, recognition not subject to appeal, ch 46 Sec. 2
factors in recognition, ch 46 Sec. 5
limitations on, under House rules and precedents, ch 46 Sec. 3
Factors in determining priorities in recognition, ch 46 Sec. 5
Failure to seek, effect of, ch 46 Sec. 6
Five-minute rule, under--
generally, ch 46 Sec. 14
limitation on debate, under, ch 46 Sec. 15
Manager of bill for majority, prior right of recognition of, ch 16
Sec. 10; ch 46 Sec. 7
Motions, for, ch 46 Sec. 11
Necessity of, ch 46 Sec. 1
Order of recognition for closing speeches, see DEBATE
Previous question, after defeat of, see PREVIOUS QUESTION
Purpose for seeking, ch 46 Sec. 1
Rejection of essential motion, recognition of opposition after, ch 46
Sec. 12
Seeking recognition, ch 46 Sec. 1
Seniority of members of reporting committee as factor, ch 2 Sec. 20;
ch 16 Sec. 10; ch 46 Sec. 6
Special orders of business, effect of, ch 46 Sec. 14
Special orders of business, recognition for debate on, ch 46 Sec. 13
Special orders of business, recognition to call up, ch 46 Sec. 13
Unanimous consent, measures called up by, ch 46 Sec. 10
Unanimous-consent requests, see UNANIMOUS CONSENT

RECOMMIT, MOTION TO

Application to particular items of business, ch 48 Sec. 10
Budget resolution, see BUDGET PROCESS

[[Page 1020]]

Commit, motion to, see COMMIT, MOTION TO
Debate on, ch 48 Sec. Sec. 12, 15
Final passage, recommittal pending, ch 48 Sec. 13
Form of motion, ch 48 Sec. 2
Instructions with, see RECOMMIT WITH INSTRUCTIONS, MOTION TO
Previous question, pending or after ordering, ch 48 Sec. 9
Recognition to offer, ch 48 Sec. Sec. 11, 14
Repetition of, ch 48 Sec. 13
Senate amendments, as to, see SENATE AMENDMENTS
Special orders of business, provisions in, ch 48 Sec. 16
Time for offering, ch 48 Sec. Sec. 9, 13

RECOMMIT WITH INSTRUCTIONS, MOTION TO

Amendments to, ch 48 Sec. Sec. 13, 14, 17
Amendments to, points of order against, ch 37 Sec. 7
Application to particular items of business, ch 48 Sec. 10
Budget resolution, see BUDGET PROCESS
Commit, motion to, see COMMIT, MOTION TO
Conference reports (see also CONFEREES OR MANAGERS), ch 48
Sec. Sec. 10, 15
Debate on, ch 48 Sec. Sec. 12, 15
Division of the question on (see also DIVISION OF THE QUESTION FOR
VOTING), ch 48 Sec. 19
Final passage, recommittal pending, ch 48 Sec. 13
``Forthwith,'' instructions to report, ch 2 Sec. 47; ch 48 Sec. 18
Germaneness, see GERMANENESS OF AMENDMENTS
Points of order applicable to, see specific topics, e.g., LEGISLATION
ON APPROPRIATION BILLS
Points of order, instructions as subject to, ch 48 Sec. 20
Previous question, pending or after ordering, ch 48 Sec. 9
Prohibited, certain instructions as, ch 48 Sec. 20
``Promptly,'' instructions to report, ch 48 Sec. 17
Recognition to offer, ch 48 Sec. Sec. 11, 14
Repetition of, ch 48 Sec. 13
Special orders of business, provisions in, ch 48 Sec. 16
Time for offering, ch 48 Sec. Sec. 9, 13

RECONSIDER, MOTION TO

Amendments, as applied to, ch 47 Sec. 13
Bills, as applied to, ch 47 Sec. 13
Budget, concurrent resolution on, not applied to, ch 7 Sec. 4; ch 47
Sec. 12
Calling up the motion, ch 47 Sec. Sec. 1, 4, 5
Committee of the Whole, not in order in, ch 16 Sec. 56; ch 47 Sec. 1
Committees, standing, use in, ch 47 Sec. 6
Conference reports--
applicability of motion generally, ch 47 Sec. 14
budget resolution, motion precluded as to report on, ch 47 Sec. 12
Debate on, ch 47 Sec. 10
Effect of agreeing to, ch 47 Sec. 3
Entering motion, ch 47 Sec. Sec. 1, 4, 5
Failure to act on, ch 47 Sec. 3
Forms, ch 47 Sec. 7
Historical background, ch 47 Sec. 1
Joint resolutions, as applied to, ch 47 Sec. 13
Motions, affirmative vote on certain as applied to, ch 47 Sec. 12
Motions, rejection of certain, not applied to, ch 47 Sec. 12
Offering motion--
prevailing side, Member entering motion must be on, ch 47 Sec. 4
who may offer, ch 47 Sec. 4

[[Page 1021]]

Orders of House, as applied to, ch 47 Sec. 11
Precedence of, ch 47 Sec. 8
President, measures sent to, as applied to, ch 47 Sec. 15
Privilege of, ch 47 Sec. 8
Pro forma use of, ch 47 Sec. 2
Purpose, ch 47 Sec. 1
Quorum requirements, ch 47 Sec. 9
Recommittal of measure, as applied to, ch 47 Sec. 11
Referral of measure to committee, not applied to, ch 47 Sec. 11
Repetition of motion precluded, ch 47 Sec. 3
``Same or succeeding day,'' in order on, ch 47 Sec. 5
Senate amendment to House bill, ch 47 Sec. 14
Senate, measures sent to, as applied to, ch 47 Sec. 15
Speaker, pro forma motion by, ch 47 Sec. Sec. 2, 7
Statutes expediting procedures, effect of, ch 47 Sec. 12
Table, motion to, ch 47 Sec. 2
Time for entering motion, ch 47 Sec. 5
Two days, motion entered within, ch 47 Sec. 5
Voting on, ch 47 Sec. 10
Withdrawal of, ch 47 Sec. 10

RECORD, CONGRESSIONAL, see CONGRESSIONAL RECORD

REFERRAL OF BILLS, RESOLUTIONS, AND OTHER MATTER

Ad hoc committee, referral to--
House, committee established by, ch 6 Sec. Sec. 8, 12
jurisdiction of multiple committees, referral to committee
representing (see also COMMITTEES, JURISDICTION OF), ch 6 Sec. 8
Automatic recommittal to Committee of the Whole after disagreeing to
recommendation to strike enacting clause, ch 48 Sec. 8
Bills, referral of--
debate, without, ch 6 Sec. 7
error in original referral, in case of, ch 6 Sec. 7
motion, by, ch 6 Sec. 7
Commit, motion to, see COMMIT, MOTION TO
Committee of the Whole, motion to refer not in order in, ch 48 Sec. 4
Enacting clause, motion to refer pending motion to strike, see below,
Motion to refer
Error in referral of bill, ch 6 Sec. 7; ch 11 Sec. 8
Executive communications, ch 6 Sec. 10
House, referral by, ch 6 Sec. 7; ch 11 Sec. 8; ch 48 Sec. Sec. 1, 5
Inquiry, resolutions of, see INQUIRY, RESOLUTIONS OF
Matters subject to referral--
bills and resolutions, ch 6 Sec. 10
executive communications, ch 6 Sec. 10
petitions, ch 6 Sec. 6
portion of bill, ch 6 Sec. 10
Presidential message, ch 6 Sec. 10
Senate amendments, ch 6 Sec. 10; ch 51 Sec. 7
Senate bills and messages, ch 6 Sec. 10; ch 51 Sec. Sec. 5, 6
Motion to refer--
committees, to particular, ch 48 Sec. 3
debate, in order when question is under, ch 48 Sec. Sec. 1, 5
debate on, ch 48 Sec. 7
effect, ch 48 Sec. 2
enacting clause, pending motion to strike, ch 48 Sec. 8
form, ch 48 Sec. 2
precedence of, ch 48 Sec. 6
Speaker, distinguished from referral by, upon introduction of bill,
ch 48 Sec. 1

[[Page 1022]]

Portion of bill, ch 6 Sec. 10
Precedence of motion to refer, see above, Motion to refer
Presidential message, ch 6 Sec. 10
Primary jurisdiction, committee of, designation of, ch 6 Sec. 8
Private bills, see PRIVATE BILLS
Recommit, motion to, see RECOMMIT, MOTION TO
Reported from committee, procedures after bill is--
(see also above, Motion to refer)
calendar, bill referred to, ch 6 Sec. 7
debate, motion to refer in order when question is under, ch 48
Sec. Sec. 1, 5
points of order against referral not entertained, ch 6 Sec. 7
sequentially referred to other committees, bill may be, ch 6 Sec. 7
stages at which motion to refer is in order, ch 48 Sec. 1
Rules governing referrals, ch 6 Sec. 7
Senate amendments to House bills, ch 6 Sec. 10
Senate bills and messages (see also SENATE BILLS ON SPEAKER'S TABLE
DISPOSITION OF), ch 6 Sec. 10
Sequential referrals--
amendments, where bill reported from committee with, ch 6 Sec. 9
budget, concurrent resolution on, see BUDGET PROCESS
reported from committee, referral to other committees after, ch 6
Sec. Sec. 7, 8
Speaker, by, ch 6 Sec. 7; ch 48 Sec. 1
Speaker, referral by, upon introduction of bill distinguished from
motion to refer, ch 48 Sec. 1
Special committee, referral to, see above, Ad hoc committee, referral
to
Time limits imposed on committee consideration--
discharge of committee after lapse of time, ch 6 Sec. 11
extensions, ch 6 Sec. 11
Speaker, by, ch 6 Sec. Sec. 8, 11
Veto message and bill, see VETO

RESIDENT COMMISSIONER, see DELEGATES AND RESIDENT COMMISSIONER

RESIGNATION

Member, procedure for resignation by, ch 23 Sec. 4
Vacancy, filling, ch 23 Sec. 4

RESOLUTIONS OF INQUIRY, see INQUIRY, RESOLUTIONS OF

REVENUE LEGISLATION, PREROGATIVE OF HOUSE TO ORIGINATE

Appropriations, encompasses authority as to, ch 4 Sec. 2
Constitutional provisions, ch 4 Sec. Sec. 1, 2
Question of the privileges of the House, ch 42 Sec. 5

RISE OR RISE AND REPORT, MOTION TO, see COMMITTEE OF THE WHOLE

RULES OF THE HOUSE

Absence of rule governing particular procedure, effect of, ch 50
Sec. 3
Adoption of--
beginning of Congress, at, ch 5 Sec. 6; ch 50 Sec. 1
constitutional provisions relating to, ch 5 Sec. 6; ch 50 Sec. 1
parliamentary law, general, prior to adoption House proceeds under,
ch 5 Sec. 7
prior Congress, rules adopted by, not binding, ch 5 Sec. 6

[[Page 1023]]

prior to adoption of rules, House proceeds under general
parliamentary law, ch 5 Sec. 7
resolution adopting rules, proceedings relating to, ch 5 Sec. 6
Binding, as, ch 50 Sec. 2
Changing rules, ch 50 Sec. 4
Construction, principles of--
factors considered by Chair, ch 50 Sec. 3
inconsistencies with another rule or with statute, ch 50 Sec. 3
intention of House, determining, ch 50 Sec. 3
Joint rules, ch 50 Sec. 1
Points of order based on, see POINTS OF ORDER; and see particular
subject matter, e.g., GERMANENESS OF AMENDMENTS
Precedents, see PRECEDENTS OF THE HOUSE
Publication of, ch 50 Sec. 1
Special orders of business, see SPECIAL ORDERS OF BUSINESS
Statutory rules, ch 50 Sec. 1
Waiver of rules, see SPECIAL ORDERS OF BUSINESS

SCHEDULE, LEGISLATIVE

Announcement as to, ch 36 Sec. 1
Inquiries as to, ch 36 Sec. 1
Leadership of majority party, role of, in setting agenda, ch 36 Sec. 1
Meeting, daily hours of, change in, ch 1 Sec. 2

SECRET SESSIONS

Access to classified information, guidelines as to, ch 16 Sec. 65
Committee meetings in executive session, see COMMITTEES, STANDING
Conditions and restrictions relating to, ch 16 Sec. 65
Historical background, ch 16 Sec. 63
House, pursuant to motion in, ch 16 Sec. Sec. 63, 64
Motions before and during secret session, ch 16 Sec. Sec. 63, 64
Occasions for, ch 16 Sec. 63
President, confidential communications from, ch 16 Sec. 63
Procedures before and during secret session, ch 16 Sec. Sec. 63, 64
Public, motion to make proceedings available to, ch 16 Sec. 64
Referral of transcripts to committees, ch 16 Sec. 65
Speaker, directions announced by, ch 16 Sec. 65
Speaker's authority, ch 10 Sec. 2
Special order of business, pursuant to, ch 16 Sec. 63
Unanimous-consent request, pursuant to, ch 16 Sec. 63

SELECT COMMITTEES

Ad hoc committees, creation of, to consider particular measures, ch 11
Sec. 2
Appointment of members by Speaker, ch 11 Sec. 1
Commissions, distinguished from, ch 11 Sec. 1
Committees, specific, table listing jurisdiction of, ch 11 Sec. 13
Duration of, ch 11 Sec. 1
Establishing committee, ch 11 Sec. 2
Existence of duration of, ch 11 Sec. 1
Hearings, see applicable subject matter under COMMITTEES, STANDING
Historical background, ch 11 Sec. Sec. 12, 13
Investigative authority, manner of conferring, on, ch 11 Sec. 10
Investigative authority, table showing jurisdiction and, of specific
committees, ch 11 Sec. 13
Members appointed by Speaker, ch 11 Sec. 1
Permanent, may be, ch 11 Sec. 1
Procedures in committee, see applicable subject matter under
COMMITTEES, STANDING

[[Page 1024]]

Records and files, see applicable subject matter under COMMITTEES,
STANDING
Reports of, see applicable subjects under COMMITTEE REPORTS
Resolution creating, ch 11 Sec. 2
Standing committees, distinguished from, ch 11 Sec. Sec. 1, 4
Table showing committees, jurisdiction, and reporting authority, ch 11
Sec. Sec. 12, 13
Uses of, table showing, ch 11 Sec. 13
Witnesses at hearings, see applicable topics under COMMITTEES,
STANDING

SENATE AMENDMENTS

Adhere, motion to--
effect, ch 51 Sec. 29
precedence of, ch 51 Sec. Sec. 16, 29
Amendment of, by House--
adhere, motion to, to amendment, ch 51 Sec. Sec. 16, 29
degrees of amendment, permissible, applicability of rule as to, ch
51 Sec. 27
insist on amendment, motion to, ch 51 Sec. 29
recede, motion to, from amendment, ch 51 Sec. 29
Appropriation bill, Senate amendment to, in form of limitation--
conference managers, authority of, with respect to agreeing to, ch 4
Sec. 71
Appropriation, Senate amendment including, on legislative bill--
conference managers, authority of, with respect to agreeing to
Senate amendment, ch 4 Sec. 71
Appropriation, unauthorized, in Senate amendment--
amendments in House to Senate amendment, ch 4 Sec. 70
House disposition of, ch 4 Sec. 70
Committee of the Whole, consideration in--
point of order that amendment requires, ch 51 Sec. 9
requirement of, as to certain amendments generally, ch 12 Sec. 4; ch
51 Sec. 9
Concur, motion to, ch 51 Sec. Sec. 15, 16
Concur with amendment, motion to, ch 51 Sec. Sec. 15, 16
Conference, sending bill to, before stage of disagreement (see also
CONFERENCE), ch 51 Sec. 14
Debate on motions to dispose of--
hour rule, applicability of, ch 16 Sec. 45
Disagree and request or agree to conference, motion to, ch 51
Sec. Sec. 15, 16
Disagreement, disposition after reaching stage of--
adhere, motion to, ch 51 Sec. 24
debate, ch 51 Sec. 25
insist, motion to, ch 51 Sec. 22
motions available and precedence of, generally, ch 51 Sec. Sec. 16,
18
motions, privilege of, ch 51 Sec. 17
privilege of motions, ch 51 Sec. 17
recede and concur, motion to, ch 51 Sec. 20
recede and concur with amendment, motion to, ch 51 Sec. 21
recognition, ch 51 Sec. 25
refer to committee, motion to, ch 51 Sec. 23
table, motion to lay on, ch 51 Sec. 19
Disagreement, disposition prior to stage of--
Committee of the Whole, amendments requiring consideration in,
restrictions on House disposition of, ch 51 Sec. 9
conference, sending to (see also CONFERENCE), ch 51 Sec. 14
consideration by order of the House, generally, ch 51 Sec. 10
consideration by suspension of the rules, ch 51 Sec. 13

[[Page 1025]]

consideration by unanimous consent, ch 51 Sec. 12
consideration pursuant to special order of business, ch 51 Sec. 11
House, consideration in, of amendments not requiring consideration
in Committee of the Whole, ch 51 Sec. 8
House, restrictions on disposition by, of amendments requiring
consideration in Committee of the Whole, ch 51 Sec. 9
motions available and their precedence where amendment considered
pursuant to House order, ch 51 Sec. 15
referral to committees, ch 51 Sec. 7
Disagreement, stage of, generally--
defined, ch 51 Sec. 16
effects of reaching, on motions and procedures available, ch 51
Sec. Sec. 16, 18
reached, how, ch 51 Sec. 16
Disagree, motion to, ch 51 Sec. Sec. 15, 16
Division of the question, applicability of demand for--
concur, motion to, ch 21 Sec. 15
concur with an amendment, ch 21 Sec. 15
recede and concur, motion to, ch 21 Sec. 15
Germaneness issues--
amendments to Senate amendments, ch 26 Sec. 35; ch 51 Sec. 28
conference reports and amendments in disagreement, nongermane Senate
provisions in, ch 26 Sec. 34; ch 51 Sec. 26
motions to reject nongermane language, ch 51 Sec. Sec. 26, 28
points of order, effect of, ch 51 Sec. 28
Insist, motion to, ch 51 Sec. Sec. 16, 22
Legislation in Senate amendment to appropriation bill--
amendments in House to Senate amendment, ch 4 Sec. 70
conference managers, authority of, with respect to agreeing to
Senate amendment, ch 4 Sec. Sec. 70, 71
House disposition of, ch 4 Sec. 70
Motions available and their precedence for disposition of, after stage
of disagreement reached, ch 51 Sec. Sec. 16, 18
Motions available and their precedence for disposition of, prior to
stage of disagreement, ch 5 Sec. Sec. 15, 16
Privileged for consideration, certain motions disposing of amendments
as, only after stage of disagreement reached, ch 51 Sec. Sec. 9,
17
Recede and concur, motion to, ch 51 Sec. Sec. 16, 20
Recede and concur with amendment, motion to, ch 51 Sec. Sec. 16, 21
Recommit, denial of motion to, special order of business having effect
of, ch 51 Sec. 11
Referral to committee--
motion to refer, ch 51 Sec. 7
Speaker, by, ch 51 Sec. 7
special order of business, by, ch 51 Sec. 7
Special order of business, consideration by, ch 51 Sec. 11
Special order of business self-executing disposition of amendment (see
also SPECIAL ORDERS OF BUSINESS), ch 51 Sec. 11
Suspension of the rules, consideration by, ch 51 Sec. 13
Table, motion to, as applied to amendments or related motions, ch 29
Sec. 7; ch 51 Sec. 19
Unanimous consent, consideration by, ch 51 Sec. 12

[[Page 1026]]

SENATE BILLS ON SPEAKER'S TABLE, DISPOSITION OF

Committee, authorization by, to call up, ch 51 Sec. 2
General principles, ch 51 Sec. 1
Motion, calling up certain bills by--
committee, authorization by, ch 51 Sec. 2
consideration of bill, ch 51 Sec. 2
form of address, ch 51 Sec. 2
substantially the same as House bill, Senate bill must be, ch 51
Sec. 2
Private bills, ch 51 Sec. 2
Referral to committee--
discretion of Speaker, ch 51 Sec. 6
Speaker, by, ch 51 Sec. 5
Special orders of business--
conditions imposed by, ch 51 Sec. 4
consideration pursuant to, ch 51 Sec. 4
Substantially the same as House bill, where bill is, ch 51 Sec. 2
Unanimous consent, calling bill up by, ch 51 Sec. 3

SENATE MEASURES, HOUSE AMENDMENTS TO

Adhere, motion to, to amendment, ch 51 Sec. Sec. 16, 29
Degrees of amendment, permissible, applicability of rule restricting,
ch 51 Sec. 27
Germaneness issues, see SENATE AMENDMENTS
Insist on amendment, motion to, ch 51 Sec. 29
Recede, motion to, from amendment, ch 51 Sec. 29

SENATE, PRACTICE IN

Germaneness issues--
appropriation bills, ch 26 Sec. 32
budget, concurrent resolution on, ch 26 Sec. 32
budget reconciliation bills, ch 26 Sec. 32
cloture, after, ch 26 Sec. 32
House, practice, comparison with, ch 26 Sec. 32
unanimous-consent agreements prohibiting nongermane amendments, ch
26 Sec. 32
Senate scope rule, ch 13 Sec. 21

SENATE, REFERENCES TO, IN DEBATE

Chair, initiative of, in enforcing rule, ch 16 Sec. 23
Criticism of Senate, ch 16 Sec. 23
Former rule, ch 16 Sec. 23
Personal references to Senators prohibited, ch 16 Sec. 23

SEPARATE VOTE IN HOUSE ON AMENDMENTS ADOPTED IN COMMITTEE OF THE WHOLE,
SEE AMENDMENTS

SERGEANT-AT-ARMS

Continuance in office, ch 35 Sec. 1
Duties of, ch 35 Sec. 1
Order, role in maintaining, ch 16 Sec. 21

SPEAKER

Calendars, referral of bills to, see CALENDARS
Chamber, authority over use of, ch 10 Sec. Sec. 1, 2
Criticism of, see WORDS, UNPARLIAMENTARY
Debate, participation in, ch 34 Sec. 5
Duties of, ch 34 Sec. Sec. 1, 4
Election of, ch 34 Sec. 3--
Delegates and Resident Commissioner do not vote, ch 5 Sec. 4
privilege, nominations are of highest, ch 5 Sec. 4
Galleries, authority over, see GALLERIES
Limitations on scope of responsibility, ch 34 Sec. 4
Minority, role in protecting rights of, ch 34 Sec. 1
Nominations for, ch 34 Sec. 3

[[Page 1027]]

Order, preservation of, on floor and in galleries, see, e.g., DECORUM;
GALLERIES; WORDS UNPARLIAMENTARY
Recesses, authority to declare, see RECESS
Role of, ch 34 Sec. Sec. 1, 4
Rooms, unappropriated, authority as to, ch 10 Sec. 1
Secret sessions, authority as to, see SECRET SESSIONS
Senate bills on Speaker's table, see SENATE BILLS ON SPEAKER'S TABLE,
DISPOSITION OF
Term of office, ch 34 Sec. 2
Unanimous-consent requests, proceedings relating to, see UNANIMOUS
CONSENT
Vacancy in office, ch 34 Sec. 2
Voting, participation in, ch 34 Sec. 5

SPEAKER PRO TEMPORE

Appointment of, ch 34 Sec. 6
Authority of--
elected or appointed Speaker pro tempore, authority of, ch 34 Sec. 6
limitations on, ch 34 Sec. 6
Election of, ch 34 Sec. 6
Majority party, usually a member of, ch 34 Sec. 6
Member of House, must be, ch 34 Sec. 6
Oath of office, ch 34 Sec. 6

SPECIAL ORDER OF BUSINESS FOR CONSIDERATION OF BILL, see SPECIAL ORDERS OF
BUSINESS; UNANIMOUS CONSENT

SPECIAL-ORDER SPEECHES

Hour, one, Members designated by party leaders may speak for, ch 36
Sec. 3
Recognition--
alternation between majority and minority, ch 16 Sec. 50
limitations on recognition, ch 16 Sec. 50
ten o'clock, denial of recognition after, ch 16 Sec. 50
policy statement by Speaker, ch 16 Sec. 50
withdrawal of, ch 16 Sec. 61
Time, limit on extension of, ch 16 Sec. 48
Unanimous consent, by, ch 36 Sec. 3

SPECIAL ORDERS OF BUSINESS

Amendment, process of, various forms of special orders of business
affecting, ch 2 Sec. 11
Amendment to be reported to House, rule specifying, where more than
one is adopted, ch 2 Sec. 30
Amendments, order of consideration of, may be prescribed by, ch 2
Sec. 28
Amendments to rule, ch 52 Sec. 4
Applicability, generally, to various measures, ch 52 Sec. 1
Budget resolutions, consideration of, see BUDGET PROCESS
Calling up, ch 52 Sec. Sec. 2, 3
Closed rule--
generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
Committee on Rules--
authority, restrictions on, ch 52 Sec. 1
jurisdiction of, ch 52 Sec. 1
recommit, motion to, restrictions on special orders of business that
would prevent, ch 52 Sec. 1
Conditions stated in rule for consideration of measure, generally, ch
16 Sec. 3
Debate, designating Members to control--
amendment, manager of bill opposed to, ch 16 Sec. 14
committee, reporting, chair and ranking minority member of, ch 16
Sec. 14
committees, multiple, dividing debate among, ch 16 Sec. 14

[[Page 1028]]

time limits, establishing, ch 16 Sec. 44
Debate, limiting or extending time for in House, ch 16 Sec. 48
Debate on special order of business--
hour rule, under, ch 52 Sec. 4
yielding time, Member in charge as, ch 16 Sec. 15; ch 52 Sec. 4
Dilatory motions during consideration of rule not permitted, ch 52
Sec. 4
Discharging rule from Committee on Rules, ch 19 Sec. Sec. 1, 3, 7
Divisible, rule not, ch 52 Sec. 4
En bloc, consideration of amendments, special order of business may
permit, ch 2 Sec. 30
Filing of, form of, ch 52 Sec. 3
``First amendment adopted'' rule, ch 2 Sec. 30
``Hereby,'' adoption provided, see below, Self-executing adoption of
amendments or provisions
``King of the Hill'' procedure, ch 2 Sec. 30; ch 52 Sec. 6
Mandatory, rule may make consideration, ch 16 Sec. 3
Modification of rule by subsequent resolution, ch 52 Sec. 5
Modification of rule by unanimous consent in House, ch 52 Sec. 5
Modification of rule, material, not permitted in Committee of the
Whole, ch 12 Sec. 9; ch 52 Sec. 5
Modified closed rule--
generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
modification in Committee of the Whole of amendment made in order by
rule, ch 2 Sec. 37
Modified open rule--
generally, purpose of, ch 2 Sec. 11
Open for a time, closed thereafter, rule--
generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
Open rule--
generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
Previous question on resolution, effect of rejection of, ch 52 Sec. 4
Privilege, conferral of, on measure to be considered, ch 52 Sec. 1
Recognition, effect on, of, ch 46 Sec. 14
Recognition for debate on, ch 46 Sec. 13
Recognition to call up, ch 46 Sec. 13
Record, Congressional, application of rule permitting only amendments
printed in, ch 2 Sec. 12
Reporting special orders of business--
calling up, ch 52 Sec. Sec. 2, 3
consideration, question of, not applicable, ch 52 Sec. 4
precedence of report, ch 52 Sec. 2
privilege of report, ch 52 Sec. 2
same-day consideration, ch 52 Sec. Sec. 2, 3
seven-day rule, calling up report under, ch 52 Sec. 2
Same-day consideration of, ch 52 Sec. Sec. 2, 3
Scope and uses of, generally, ch 16 Sec. 3; ch 52 Sec. 6
Self-executing adoption of amendments or provisions--
budget authority, new, amendment providing, see BUDGET PROCESS
purpose and form of provision self-executing adoption of amendment,
ch 2 Sec. 11; ch 52 Sec. 6
Senate amendments (see also SENATE AMENDMENTS), ch 51 Sec. 11
Senate bills, see SENATE BILLS ON SPEAKER'S TABLE, DISPOSITION OF
Seven-day rule, calling up report under, ch 52 Sec. 2
Time limitations on debate, establishing--
generally, ch 16 Sec. 44

[[Page 1029]]

``Top vote getter'' rule, ch 2 Sec. 30
Unreported bill, providing for consideration of, ch 52 Sec. 1
Voting on rule, ch 52 Sec. 4
Waiver of points of order--
(e.g., lack of three-day availability, germaneness, budget,
legislation on appropriation bills, and unauthorized
appropriations)
amendment, provision making in order, does not preclude points of
order in absence of specific waiver, ch 2 Sec. 11
conference reports, ch 13 Sec. Sec. 24, 25, 28, 30
implied, waiver is not, in absence of specific waiver, ch 2 Sec. 11
Ramseyer rule, waiver of, ch 11 Sec. 30
specific waiver, provision making amendment in order does not
preclude points of order in absence of, ch 2 Sec. 11
statutory provisions enacted as exercise of rule-making authority,
ch 52 Sec. 1

SPECIAL RULE, RESOLUTION FROM COMMITTEE ON RULES PROVIDING FOR, see SPECIAL
ORDERS OF BUSINESS

SPONSORS OF BILL, see BILLS AND RESOLUTIONS

STAT-PAYGO, see BUDGET PROCESS

STATE OF THE UNION ADDRESS, see PRESIDENT

SUSPENSION OF RULES

Adoption of motion--
vote, two-thirds, ch 16 Sec. 4
Conference report, adoption of, see CONFERENCE REPORTS
Days on which motion in order, see below, Motion
Debate on motion, see below, Motion
Division of the question, see DIVISION OF THE QUESTION FOR VOTING
Legislative measures, passage of, ch 53 Sec. 2
Motion--
adoption, effect of, ch 53 Sec. 3
amendments, restrictions on, ch 53 Sec. 8
application of, ch 53 Sec. 1
consideration of, ch 53 Sec. 7
days on which in order, ch 16 Sec. 2; ch 53 Sec. Sec. 1, 4, 5
debate on, ch 16 Sec. 4; ch 53 Sec. 7
notice requirements, ch 53 Sec. 4
offering, ch 53 Sec. 6
postponing votes on, ch 53 Sec. 10
precedence of, ch 53 Sec. 5
recognition to offer, ch 53 Sec. 6
rule authorizing, ch 53 Sec. 1
uses of, ch 53 Sec. 1
voting on, ch 53 Sec. 10
withdrawal of, ch 53 Sec. 9
Motions that are not applied during consideration of motion to
suspend, ch 53 Sec. 5
Notice requirements, see above, Motion
Privileged, motion as, on specified days, ch 16 Sec. 2; ch 53
Sec. Sec. 1, 4, 5
Rule authorizing, ch 53 Sec. 1
Rules that are deemed suspended, ch 53 Sec. 3
Special orders of business, effect of, ch 53 Sec. 1
Subject to suspension, rules that are, ch 53 Sec. 3
Subject to suspension, rules that are not, ch 53 Sec. 3
Uses of motion, see above, Motion

TABLE, MOTION TO LAY ON

Adoption, effect of, ch 29 Sec. Sec. 1, 7
Application to particular propositions--
bills and resolutions, ch 29 Sec. 4

[[Page 1030]]

conference reports on bills in disagreement, not applicable to, ch
29 Sec. 4
motions, certain, ch 29 Sec. 5
special orders of business, applicable to, only after rejection of
previous question, ch 29 Sec. 4
Collateral matters carried to table, ch 29 Sec. 7
Committee of the Whole, not in order in, ch 3 Sec. 5; ch 12 Sec. 20;
ch 29 Sec. 2
Debate on, ch 29 Sec. 6
Disposing of, ch 29 Sec. 6
Precedence of, ch 29 Sec. 3
Previous question--
ordered, motion to table not in order after previous question is, ch
29 Sec. 3
pending ordering of, ch 29 Sec. 3
rejection of, motion to table in order after, ch 29 Sec. 3
Procedure for considering, ch 29 Sec. 6
Reconsideration of affirmative vote on motion, ch 29 Sec. 8
Rejection, effect of, ch 29 Sec. 1
Related matters carried to table when certain propositions are tabled,
ch 29 Sec. 7
Reoffering measure that has been tabled--
identical or similar in form, ch 29 Sec. 8
privileges of House, question of, ch 29 Sec. 8
Senate amendments, tabling motions relating to, ch 29 Sec. 7; ch 51
Sec. 19
Taking matter from table, ch 29 Sec. 8
Time for making, ch 29 Sec. 2
Writing, demand that motion be in, ch 29 Sec. 6

TAX OR TARIFF MEASURE IN BILL REPORTED BY COMMITTEE OTHER THAN WAYS AND
MEANS

Point of order may be made ``at any time,'' ch 2 Sec. 34
Point of order may lie against amendments, ch 6 Sec. 21
Test to determine if appropriation constitutes, ch 4 Sec. 50

TAX RATE INCREASE, INCOME, REQUIRING THREE-FIFTHS VOTE

Conference report, in, ch 13 Sec. 36
Rule, applicable, ch 58 Sec. 28

TELEPHONES, WIRELESS

Restrictions on use of, ch 10 Sec. 3; ch 16 Sec. 21

TELEVISION AND RADIO COVERAGE OF PROCEEDINGS

Restrictions on, ch 10 Sec. 5
Speaker's authority as to, ch 10 Sec. 5

TITLE OF BILL, AMENDMENT TO, see AMENDMENTS

UNANIMOUS CONSENT

Committee of the Whole, restrictions on use in, ch 12 Sec. 2; ch 54
Sec. Sec. 1, 8
Consideration of measures pursuant to agreement--
Committee of the Whole, in, ch 54 Sec. 8
House, in, ch 54 Sec. 7
Denial, grounds for, ch 54 Sec. 9
Effect of agreement, ch 54 Sec. 1
Form of making request, ch 54 Sec. 4
House, as affecting business in, ch 54 Sec. 7
Limitations on requests, ch 54 Sec. 9
Modification of agreement, ch 54 Sec. 10
Objections to request--
effect, ch 54 Sec. 5
reserving, ch 54 Sec. 6

[[Page 1031]]

Recognition for requests--
Speaker's guidelines, ch 54 Sec. 2
specific purpose, ch 54 Sec. 2
unreported measures, ch 54 Sec. 2
Reconsideration of agreement, ch 54 Sec. 10
Restrictions on uses of requests, ch 54 Sec. 9
Revocation of agreement, ch 54 Sec. 10
Time for making requests, ch 54 Sec. 3
Use of requests, ch 54 Sec. 1
Waiver of points of order--
conference reports, against, ch 13 Sec. Sec. 24, 25, 28, 30
Ramseyer rule, waiver of, ch 11 Sec. 30
Waiver, rules not subject to, ch 54 Sec. 9
Withdrawal of amendment in Committee of the Whole, AMENDMENTS;
COMMITTEE OF THE WHOLE
Withdrawal of request, ch 54 Sec. 4

UNFINISHED BUSINESS

Adjournment, business unfinished at, ch 55 Sec. 1
Committee of the Whole, rising of, before action completed on measure,
ch 12 Sec. Sec. 19, 29; ch 55 Sec. 7
Day certain, business postponed to, ch 55 Sec. 6
Days, designated, business considered on, ch 55 Sec. 4
Defined, ch 55 Sec. 1
Enacting clause, recommendation as to striking, upon rejection of, ch
12 Sec. 19
Postponement of business to day certain, effect of, ch 55 Sec. 6
Previous question, effect of having ordered, ch 55 Sec. 3
Quorum, lack of, effect of, ch 55 Sec. 5
Rise, business pending at time of motion to, ch 12 Sec. Sec. 19, 29;
ch 55 Sec. 7
Speaker's authority to postpone questions (see also POSTPONEMENT), ch
55 Sec. 1
Voting as--
postponement of vote, effect of, ch 55 Sec. 5
quorum, postponement for lack of, ch 55 Sec. 5

UNFUNDED MANDATES, see BUDGET PROCESS

UNPARLIAMENTARY REMARKS, see WORDS, UNPARLIAMENTARY

VETO

Constitutional provisions, ch 57 Sec. 1
Debate in House, ch 57 Sec. 5
Discharge, motion to, committee from consideration of veto message and
bill--
agreed to, effect where, ch 57 Sec. 4
debatable under hour rule, ch 19 Sec. 8; ch 57 Sec. 4
precedence of, ch 19 Sec. 8
privileged, ch 19 Sec. 8; ch 57 Sec. 4
table, effect of adoption of motion to lay on, ch 19 Sec. 8
table, subject to motion to lay on, ch 19 Sec. 8
House action on vetoed bills--
generally, ch 57 Sec. 2
debate, ch 57 Sec. 5
Line Item Veto Act--
generally, ch 57 Sec. 8
Constitution, held to violate presentment clause of, ch 7 Sec. 17;
ch 57 Sec. 8
history and use, ch 7 Sec. 17; ch 57 Sec. 8
Messages, ch 57 Sec. Sec. 1, 2
Motions in order, ch 57 Sec. 4
Pocket veto--
adjournment, final, use after, ch 57 Sec. 7
adjournment, intersession, effect of, ch 57 Sec. 7
adjournment, intrasession, effect of, ch 57 Sec. 7
defined, ch 57 Sec. 1
receive messages, conferral of authority to, effect of, ch 57 Sec. 7

[[Page 1032]]

Postponement of consideration, ch 57 Sec. 4
Previous question on reconsideration of bill, status of motion for, ch
57 Sec. 2
Privileged, consideration as, ch 57 Sec. 3
Referral to committee, ch 57 Sec. 4
Time period in which President must act on bill, ch 57 Sec. Sec. 1, 7
Voting to override--
reconsider, motion to, not in order, ch 57 Sec. 6
two-thirds vote, ch 57 Sec. 6

VETO, LEGISLATIVE, see DISAPPROVAL ACTION, CONGRESSIONAL

VICE PRESIDENT

Disability of President, see PRESIDENT
House and Senate, role of, in filling vacancy in office of, ch 24
Sec. 4
Vacancy in office of, ch 24 Sec. 4

VOTING

Absent Members, voting by proxy for, prohibited, ch 58 Sec. 3
Adjourn, motion to, see ADJOURNMENT
Amendments, order of voting on, see AMENDMENTS
Announcements by Members absent for vote, ch 58 Sec. 28
Ballot, vote by, ch 58 Sec. 1
Bells and signals--
alerts, voting, ch 58 Sec. 20
changes in system announced, ch 10 Sec. 3
malfunctions, ch 10 Sec. 3; ch 58 Sec. 20
meaning of the various signals, ch 58 Sec. 20
quorum calls, used to alert Members to, ch 10 Sec. 3; ch 58 Sec. 20
Chair, role of--
count by Chair, ch 58 Sec. Sec. 6, 10
decisive, duty when vote would be, ch 58 Sec. 5
duties generally, ch 58 Sec. 4
question, putting the, ch 58 Sec. 4
voting by Chair, ch 58 Sec. 5
Changing vote, ch 58 Sec. 25
Closing vote, ch 58 Sec. Sec. 20, 24
``Clustered'' votes, see below, Postponing proceedings
Conference reports, see CONFERENCE REPORTS
Conviction of crime, effect of, on Member's right to vote, see ETHICS
Correction of record, ch 58 Sec. 26
Corrections Day Calendar, bill called up from, three-fifths vote
required on, ch 58 Sec. 29
Count by Chair, ch 58 Sec. Sec. 6, 10
Demand for yeas and nays, see below, Yeas and nays
Disqualification to vote, ch 58 Sec. 8
Division of the question, see DIVISION OF THE QUESTION FOR VOTING
Division vote--
count, ch 58 Sec. 10
defined, ch 12 Sec. 17; ch 58 Sec. 10
demand for, ch 58 Sec. 10
interruptions during count, ch 58 Sec. 10
recorded, not, ch 58 Sec. 9
recorded vote or yea and nay vote, precedence of demand for, ch 58
Sec. 10
timeliness of demand for, ch 58 Sec. 10
Duty of Members, ch 58 Sec. 7
Electronic voting system--
changing vote, ch 58 Sec. Sec. 2, 25
correcting vote, ch 58 Sec. 26
malfunction in, ch 58 Sec. 2
recapitulations, ch 58 Sec. 27
verification of vote, ch 58 Sec. 2
Engrossment, see ENGROSSMENT
Excusing Member from, ch 58 Sec. 7
``Fifteen-and-five'' votes, ch 58 Sec. 21
Fifteen-minute votes, ch 58 Sec. 20
Five-minute votes in House, ch 58 Sec. 21
Methods of, generally, ch 58 Sec. 1

[[Page 1033]]

Open, holding vote, ch 58 Sec. 24
Order of voting on amendments, see AMENDMENTS
Pairing, ch 58 Sec. 19
Postponing proceedings--
amendments, on, ch 58 Sec. 22
Chair of Committee of the Whole may postpone and cluster requests
for recorded votes on amendments, ch 2 Sec. 28; ch 58 Sec. 22
``clustered'' votes in Committee of the Whole, ch 58 Sec. 22
``clustered'' votes in House, ch 58 Sec. 23
Committee of the Whole, in, ch 58 Sec. 22
discretion of Chair, ch 58 Sec. Sec. 22, 23
House, in, ch 58 Sec. 23
withdrawal of request for recorded vote on amendment on which
proceedings had been postponed, disposition of amendment in
accord with earlier voice vote after, ch 2 Sec. 28
Preference, announcement as to voting, by Member who was absent, ch 58
Sec. 28
Proxy voting prohibited, ch 58 Sec. 3
Recapitulations, ch 58 Sec. 27
Recorded, certain votes are not--
division vote, see above, Division vote
teller vote, see below, Teller vote
voice vote, see below, Voice vote
Recorded vote--
Committee of the Whole, in, ch 58 Sec. 12
constitutional provisions, ch 58 Sec. 12
defined, ch 12 Sec. 17; ch 58 Sec. 12
demand for, ch 58 Sec. 12
pairing, ch 58 Sec. 19
quorum required for demand in certain cases, ch 58 Sec. 12
renewal of demand for, ch 58 Sec. 12
repetition of demand for, ch 58 Sec. 12
roll call votes, ch 58 Sec. 17
teller votes with clerks, ch 58 Sec. 18
timeliness of demand for, ch 58 Sec. 12
withdrawal of demand for, ch 58 Sec. 12; ch 59 Sec. 5
withdrawal of request for, disposition of amendment in accord with
earlier voice vote after, ch 2 Sec. 28
yea and nay votes, see below, Yea and nay votes
Reducing time for voting, ch 58 Sec. Sec. 21, 22
Result of vote, effect of announcing, ch 58 Sec. Sec. 24, 25
Roll call--
adjourn, motion to, prior to, ch 58 Sec. 17
defined, ch 12 Sec. 17; ch 58 Sec. 17
interruptions, ch 58 Sec. 17
Separate vote in House on amendments adopted in Committee of the
Whole, see AMENDMENTS
Super-majority votes, ch 58 Sec. 29
Tax rate increase, income, requiring three-fifths vote, see TAX RATE
INCREASE, INCOME, REQUIRING THREE-FIFTHS VOTE
Tellers, vote by--
clerks, with, ch 58 Sec. 18
defined, ch 12 Sec. 17; ch 58 Sec. 18
recorded, not, certain votes are, ch 58 Sec. 11
recorded vote, ch 58 Sec. 18
Tie votes, ch 58 Sec. 29
Time periods for--
additional time for Members to vote, permitting, ch 58 Sec. 24
bells and signals, see above, Bells and signals
closing vote, ch 58 Sec. Sec. 20, 24
discretion of Chair, ch 58 Sec. Sec. 20, 21, 24
``fifteen-and-five'' votes, ch 58 Sec. 21
fifteen-minute votes, ch 58 Sec. 20
five-minute votes in House, ch 58 Sec. 21

[[Page 1034]]

open, holding vote, ch 58 Sec. 24
reduce time, discretion of chair to, ch 58 Sec. Sec. 21, 22
reduce time, unanimous consent to, ch 58 Sec. 21
result of vote, effect of announcing, ch 58 Sec. 24
Two-thirds vote, requirement of, on certain propositions, ch 58
Sec. 29
Voice vote--
defined, ch 12 Sec. 17; ch 58 Sec. 9
questioning result, ch 58 Sec. 9
recorded, not, ch 58 Sec. 9
Yeas and nays--
adjournment, effect of, ch 58 Sec. 13
``automatic'' yea and nay votes, ch 58 Sec. 16
Committee of the Whole, not in order in, ch 58 Sec. 12
constitutional provisions, ch 58 Sec. 12
demand for, ch 58 Sec. 14
effect of ordering, ch 58 Sec. 13
ordering, ch 58 Sec. 13
precedence of demand for, ch 58 Sec. 14
procedure for voting, ch 58 Sec. 15
quorum not necessary for demand, ch 58 Sec. 14
reconsideration of vote on ordering or on the main question, ch 58
Sec. 15
recorded votes, other, distinguished, ch 58 Sec. 12
repetition of demand, ch 58 Sec. 14
time for making demand, ch 58 Sec. 14
withdrawal of demand for, ch 58 Sec. 14; ch 59 Sec. 5

WITHDRAWAL OF MOTIONS, REQUESTS, AND OTHER MATTERS

Amendment, of, ch 59 Sec. Sec. 1, 4
Demand that words be taken down, ch 59 Sec. 4
Modify, right to, as related to right to withdraw, ch 59 Sec. 3
Motions, of, ch 59 Sec. 1
Points of order, of, ch 59 Sec. 4
Precluded, when withdrawal of matter may be, ch 59 Sec. 2
Quorum, point of order of no, ch 59 Sec. 4
Reservation of point of order, of, ch 59 Sec. 4
Resolution, of, ch 59 Sec. 1
Vote, recorded, demand for, ch 58 Sec. 12; ch 59 Sec. 5
Words, unparliamentary, of, ch 59 Sec. 4

WORDS, UNPARLIAMENTARY

Censure for, early cases of, ch 25 Sec. 23
Colloquialisms--
context of debate as factor in determining propriety, ch 16 Sec. 38
meaning, current, ch 16 Sec. 38
rulings, illustrative, ch 16 Sec. 38
Committee of the Whole, action taken by--
demand that words be taken down, ch 16 Sec. 27
point of order, ch 16 Sec. 27
reporting words to House, ch 16 Sec. 27
Committees or their actions, remarks criticizing--
remarks ruled in order, ch 16 Sec. 34
remarks ruled out of order, ch 16 Sec. 34
Context of debate as factor in determining propriety, ch 16
Sec. Sec. 22, 31, 38
Criticism of House or Members, see below, e.g., House or membership
generally, references to
Disciplinary action, ch 16 Sec. Sec. 31, 32
Expiration of time, verbal outburst after, ch 16 Sec. 22
Explain words, permission to, ch 16 Sec. Sec. 28, 30
Explain words, request by Speaker that Member, ch 16 Sec. 30
Expunging remarks from Record, ch 15 Sec. 3
Factors considered in judging propriety, ch 16 Sec. Sec. 22, 31, 38

[[Page 1035]]

Floor, losing, ch 16 Sec. 17
House, list of procedures available in, ch 16 Sec. 26
House or membership generally, references to--
critical comments ruled in order, ch 16 Sec. 33
critical comments ruled out of order, ch 16 Sec. 33
Legislative actions or proposals, criticism of--
motives, personal, impugning, ch 16 Sec. 36
political motivation for positions, ch 16 Sec. 36
Loyalty, reference to others'--
rulings, illustrative, ch 16 Sec. 43
Members, other, remarks criticizing, see below, Words considered as
out of order
Newspapers or other publications, excerpts from, ch 16 Sec. 37; ch 25
Sec. 5
Papers, reading from, ch 16 Sec. 28
Patriotism, references to others'--
rulings, illustrative, ch 16 Sec. 43
Permitting Member to proceed, ch 16 Sec. Sec. 31, 32
Personalities, engaging in--
call to order for, ch 16 Sec. 22
Personal privilege, question of, not based on words in debate, ch 16
Sec. 27
President, references to, ch 16 Sec. 25
Procedure upon demand that words be taken down, see below, Taking down
the words, procedure for, upon demand
Proceed in order, permitting Member to, ch 16 Sec. Sec. 31, 32
Record, expunging remarks from, ch 15 Sec. 3; ch 16 Sec. Sec. 29, 32
Record, material inserted in, ch 16 Sec. Sec. 22, 28
Sarcasm or satire--
context of debate as factor in determining propriety, ch 16 Sec. 38
rulings, illustrative, ch 16 Sec. 38
tone and mannerisms as factors in determining propriety, ch 16
Sec. 38
Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
Speaker, criticism of--
conduct that is subject of investigation, ch 16 Sec. 35
ruling of Speaker, remarks questioning propriety of, ch 16 Sec. 35
ruling, Speaker may appoint Member to make, ch 16 Sec. 35
timeliness of challenge to remarks, ch 16 Sec. 35
vote count, questioning, ch 16 Sec. 35
Speaker's ruling--
appeals from, ch 16 Sec. 31
context of debate as factor in determining propriety, ch 16
Sec. Sec. 22, 31, 38
dictionary, use of, ch 16 Sec. 31
disciplinary action by House, ch 16 Sec. Sec. 31, 32
factors considered in judging propriety, ch 16 Sec. Sec. 22, 31, 38
mannerisms as factor in determination, ch 16 Sec. 38
tone of voice as factor in determination, ch 16 Sec. 38
Taking down the words, procedure for, upon demand--
Committee of the Whole, rising of, ch 12 Sec. 16
debate on words objected to not in order, ch 16 Sec. Sec. 28, 31
form of demand, ch 16 Sec. 28
permission to explain words, ch 16 Sec. Sec. 28, 30
Speaker's ruling, see above, Speaker's ruling
timeliness of demand, ch 16 Sec. 28
withdrawal of demand, ch 16 Sec. 28
Timeliness of objection to words, ch 16 Sec. 28

[[Page 1036]]

Truth of allegations as to unethical behavior not a defense to point
of order, ch 16 Sec. 37
Vice President, references to, ch 16 Sec. 25
Withdrawal of demand that words be taken down, ch 16 Sec. 28; ch 59
Sec. 4
Withdrawal or modification of words, ch 16 Sec. Sec. 29, 31; ch 59
Sec. 4
Words considered as out of order--
committees or their actions, remarks critical of, illustrative
rulings on, ch 16 Sec. 34
cutthroat or gambler, ch 16 Sec. 38
demagoguery, charges of, ch 16 Sec. 36
deception, charges as to, ch 16 Sec. Sec. 37, 40
falsehood, charges as to, ch 16 Sec. Sec. 37, 40
gambler or cutthroat, ch 16 Sec. 38
House or membership generally, remarks critical of, illustrative
rulings on, ch 16 Sec. 33
identifiable Member, personal remarks about, ch 16 Sec. 37
intelligence, lack of, ch 16 Sec. 41
knowledge, lack of, ch 16 Sec. 41
lying, accusations of, ch 16 Sec. 40
Members, other, illustrative rulings on remarks criticizing, ch 16
Sec. 37
motives, personal, remarks questioning, ch 16 Sec. Sec. 36, 37, 39
personalities, engaging in, ch 16 Sec. 22
President, personal or offensive references to, ch 16 Sec. 25
race, reference to another's, ch 16 Sec. 42
racism, ch 16 Sec. Sec. 36, 42
religion, gratuitous reference to another's, ch 16 Sec. 42
Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
snooper, ch 16 Sec. 37
Speaker, criticism of, see above, Speaker, criticism of
stool pigeon, ch 16 Sec. 38
vice and meannesses, prodigy of, ch 16 Sec. 38
Words not considered as out of order--
arguments or position on legislative proposal, remarks criticizing,
as allowed wide latitude, ch 16 Sec. 37
committees or their actions, remarks critical of, illustrative
rulings on, ch 16 Sec. 34
House or membership generally, remarks critical of, illustrative
rulings on, ch 16 Sec. 33
legislative actions or proposals, criticism of, not impugning
personal motives, ch 16 Sec. 36
Members, other, illustrative rulings on remarks criticizing, ch 16
Sec. 37
motives, political, remarks questioning, ch 16 Sec. 36
political motives, remarks questioning, ch 16 Sec. 36
President, motives of, remarks as to, ch 16 Sec. 25

``WORKS-IN-PROGRESS'' EXCEPTION, see APPROPRIATIONS, UNAUTHORIZED

YIELDING FLOOR, see AMENDMENTS; DEBATE; PARLIAMENTARY INQUIRY