[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 37. Points of Order; Parliamentary Inquiries]
[From the U.S. Government Publishing Office, www.gpo.gov]
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 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 seek
recognition 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. 844.
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 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.
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 (with
the potential for expansion to the entire paragraph). 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.
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 Senate, or its Members, 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; 111-2, Mar. 24, 2010, p 4767. 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. 993b.
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 the point of
order or withdraw the reservation. 8 Cannon Sec. 3430. Insisting on a
point of order takes precedence over reserving a point of order. 111-
1, Nov. 19, 2009, pp 28235, 28243. For 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 seek recognition 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
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; 113-2, July 11, 2014, p__. 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 debate has begun 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 17310. 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. Unlike
a parliamentary inquiry, a point of order may interrupt a Member who
otherwise has the floor. 110-2, June 24, 2008, pp 13499, 13500.
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 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 seeking recognition before debate
began. Deschler-Brown Ch 31 Sec. 6.39. Indeed, a Member who is 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 relevant language was
read for amendment. Deschler-Brown Ch 31 Sec. 5.25.
Effect of Intervening Amendments
A point of order against a proposition ordinarily is untimely if
raised after an amendment to the proposition has been offered. 5 Hinds
Sec. Sec. 6907-6911; 8 Cannon Sec. 3443. The point of order may be
precluded even by a pro forma amendment. 8 Cannon Sec. 3445; 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 point of order comes too late when debate on the
measure has already begun. 113-2, July 11, 2014, p__. A Member may not
insist on a point of order against the consideration of a bill where
the manager of the bill withdraws the motion that the House resolve
itself into the Committee of the Whole for consideration of the bill.
The point of order must be made anew if and when the motion is again
made to resolve into Committee for consideration of that bill.
Deschler-Brown Ch 31 Sec. 4.6.
Although uncommon, a point of order challenging, for example, the
privileged status of a resolution may be raised when the resolution is
called up and before it is read. Deschler-Brown Ch 31 Sec. 4.1. A
point of order relating to the manner in which a resolution should be
considered should be made before such consideration begins. 5 Hinds
Sec. 6890. A point of order 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. While a point
of order against an amendment is pending, a Member may not be
recognized to debate the amendment. 111-1, July 6, 2011, p 10476. 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.
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 Chair may decline to answer parliamentary inquiries prior to
ruling on a point of order. 113-1, Oct. 2, 2013, p__. The time allowed
for debate on a point of order is also within the discretion of the
Chair, who may decline to hear more when prepared to rule. Manual
Sec. 628. A Member 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 following 20 minutes of debate. See Question of
Consideration for examples of such points of order.
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 an 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.
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.
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; 110-2, June 24, 2008, p 13500. 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
In contrast to points of order, recognition of Members for the
purpose of propounding parliamentary inquiries is within the
discretion of the Chair. 6 Cannon Sec. 541; 113-2, Apr. 8, 2014, p__.
Inquiries concerning the parliamentary situation on the floor are
properly directed to the Chair, and it is not in order for a Member to
address them to the official reporters. 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; 113-1, July 11, 2013,
p__. A Member recognized for a parliamentary inquiry may not engage in
debate. 111-1, June 24, 2011, p 10018. 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 announce in advance parameters for
proper parliamentary inquiries (111-2, Mar. 21, 2010, p 4106) or
indicate an intention to refuse further recognition for a particular
line of improper inquiry (113-2, Apr. 8, 2014, p__).
The Chair may clarify a prior response to a parliamentary inquiry.
Manual Sec. 628a.
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.
Judge the relevancy of remarks made in debate absent a point
of order raised on that basis.
Characterize the proceedings of a committee.
Comment on the legislative schedule.
Identify the sponsor (or cosponsors) of a measure.
Identify Members who have signed a discharge petition.
Manual Sec. 628a.
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 so indicate.
Deschler-Brown Ch 31 Sec. Sec. 15.19, 15.20. Similarly, the Speaker
may entertain a parliamentary inquiry after the yeas and nays are
ordered, but before the vote. Deschler-Brown Ch 31 Sec. 15.18.
The Chair may decline to entertain a parliamentary inquiry as to
the cost of conducting the pending vote on the ground that the inquiry
is not relevant to the pending question. 103-1, June 10, 1993, p
12482.
Sec. 16 . As Related to Other Business
A parliamentary inquiry may interrupt matters of high privilege,
such as an impeachment proceeding. 6 Cannon Sec. 541. However, during
the reading of a bill for amendment, a Member is not entitled to a
parliamentary inquiry that would interrupt the reading of a paragraph
or section of the bill. 8 Cannon Sec. 2873.
The reading of the Journal may be interrupted by a parliamentary
inquiry. 6 Cannon Sec. 624. Furthermore, the Speaker may entertain a
parliamentary inquiry relating to the order of business before the
approval of the Journal. Deschler-Brown Ch 31 Sec. 15.9.
During Debate
A Member may not be taken from the floor by a parliamentary
inquiry 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. A Member recognized for a parliamentary
inquiry may not engage in debate (113-2, Apr. 8, 2014, p__), nor yield
to other Members (113-1, Oct. 12, 2013, p__).
Time consumed by a parliamentary inquiry is charged to the Member
controlling time who yields for that purpose. 114-2, Feb. 5, 2014,
p__. 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.