[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
[111st Congress]
[House Document 110-162]
[Rules of the House of Representatives]
[Pages 329-992]
[From the U.S. Government Publishing Office, www.gpo.gov]
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RULES OF THE HOUSE OF REPRESENTATIVES
RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS
__________
Rule I
Approval of the Journal
the speaker
| 621. Journal; Speaker's approval. | 1. The Speaker shall take the Chair on every legislative day precisely at the hour to which the House last adjourned and immediately call the House to order. Having examined and approved the Journal of the last day's proceedings, the Speaker shall announce to the House approval thereof. The Speaker's approval of the Journal shall be deemed agreed to unless a Member, Delegate, or Resident Commissioner demands a vote thereon. If such a vote is decided in the affirmative, it shall not be subject to a motion to reconsider. If such a vote is decided in the negative, then one motion that the Journal be read shall be privileged, shall be decided without debate, and shall not be subject to a motion to reconsider. |
| 623. Speaker's control of the Hall, corridors, and rooms. | 3. Except as otherwise provided by rule or law, the Speaker shall have general control of the Hall of the House, the corridors and passages in the part of the Capitol assigned to the use of the House, and the disposal of unappropriated rooms in that part of the Capitol. |
| 624. Speaker's signature to acts, warrants, subpoenas, etc. | 4. The Speaker shall sign all acts and joint resolutions passed by the two Houses and all writs, warrants, and subpoenas of, or issued by order of, the House. The Speaker may sign enrolled bills and joint resolutions whether or not the House is in session. |
| Sec. 625. Signing of enrolled bills. | Enrolled bills are signed first by the Speaker (IV, 3429) or a Speaker pro tempore under clause 8 of rule I. For precedents relevant to the signing of enrolled bills before this clause was amended to permit the Speaker to sign at any time, see IV, 3458, and V, 5705. Before the adoption of clause 2(d)(2) of rule II (enabling the Clerk to examine enrolled bills), the House authorized the Speaker to sign an enrolled bill before the Committee on Enrolled Bills could attest to its accuracy (IV, 3452). In cases of error the House has permitted the Speaker's signature to be vacated (IV, 3453, 3455-3457; VII, 1077-1080). |
| Sec. 626. Signing of warrants, subpoenas, etc. | Warrants, subpoenas, etc., during recesses of Congress are signed only by authority specially given (III, 1753, 1763, 1806). The issuing of warrants must be specially authorized by the House (I, 287) or pursuant to a standing rule (clause 6 of rule XX; Sec. 1026, infra). Instance wherein the House authorized the Speaker to warrant for the arrest of absentees (VI, 638). The Speaker also signs the articles, replications, etc., in impeachments (III, 2370, 2455; e.g., H. Res. 611, Dec. 19, 1998, p. 28112); and certifies cases of contumacious witnesses for action by the courts (III, 1691, 1769; VI, 385; 2 U.S.C. 194). A subpoena validly issued under clause 2(m) of rule XI need only be signed by the chair of that committee, whereas when the House issues an order or warrant, the summons is issued under the hand and seal of the Speaker, and it must be attested by the Clerk (III, 1668; see H. Rept. 96-1078, p. 22). |
| 627. Questions of order. | 5. The Speaker shall decide all questions of order, subject to appeal by a Member, Delegate, or Resident Commissioner. On such an appeal a Member, Delegate, or Resident Commissioner may not speak more than once without permission of the House. |
| Sec. 628. Practice governing the Speaker in deciding points of order. | The Speaker may require that a question of order be presented in writing (V, 6865). When enough of a proposition has been read to show that it is out of order, the question of order may be raised without waiting for the reading to be completed (V, 6886, 6887; VIII, 2912, 3378, 3437), though the Chair may decline to rule until the entire proposition has been read (Dec. 14, 1973, pp. 41716-18). For example, the Chair declined to entertain a point of order that a motion to recommit was not germane before any nongermane portion of the motion had been read (May 9, 2003, p. 11110); and a motion to recommit with instructions was ruled out of order before the entire motion had been read as a matter of form where a special order of business precluded instructions (May 6, 2004, p. _). Questions arising during a division are decided peremptorily (V, 5926), and when they arise out of any other question must be decided before that question (V, 6864). In rare instances the Speaker has declined to rule until taking time for examination of the question (III, 2725; VI, 432; VII, 2106; VIII, 2174, 2396, 3475). |
| Sec. 628a. Practice governing the Speaker in entertaining parliamentary inquiries. | Recognition for parliamentary inquiry lies in the discretion of the Chair (VI, 541; Apr. 7, 1992, p. 8273). As such, the Chair may recognize for a demand for the yeas and nays rather than entertain a parliamentary inquiry (Aug. 4, 2007, p. _). The Speaker may recognize and respond to a parliamentary inquiry although the previous question may have been demanded (Mar. 27, 1926, p. 6469). Although the Chair has discretion to recognize Members for parliamentary inquiries when no other Member is occupying the floor for debate, a parliamentary inquiry may not be raised unless the Member having the floor yields for that purpose (Oct. 1, 1986, p. 27465; July 13, 1989, p. 14633). A Member under recognition for a parliamentary inquiry may not yield to another Member (Nov. 22, 2002, p. 23510). |
| Sec. 629. Practice, governing appeals. | The right of appeal insures the House against the arbitrary control of the Speaker and cannot be taken away from the House (V, 6002). Although a decision of the Chair on a point of order is subject to appeal on demand of any Member, a Member cannot secure a recorded vote on a point of order absent an appeal and the Chair's putting the question thereon (June 20, 1996, p. 14847). |
| 630. Putting of the question by the Speaker. | 6. The Speaker shall rise to put a question but may state it sitting. The Speaker shall put a question in this form: ``Those in favor (of the question), say `Aye.' ''; and after the affirmative voice is expressed, ``Those opposed, say `No.' ''. After a vote by voice under this clause, the Speaker may use such voting procedures as may be invoked under rule XX. |
| 631. The Speaker's vote. Tie vote. | 7. The Speaker is not required to vote in ordinary legislative proceedings, except when such vote would be decisive or when the House is engaged in voting by ballot. |
| 632. Speaker pro tempore. | 8. (a) The Speaker may appoint a Member to perform the duties of the Chair. Except as specified in paragraph (b), such an appointment may not extend beyond three legislative days. |
| Sec. 634. Election, oath, and designation of Speaker pro tempore. | The right of the House to elect a Speaker pro tempore in the absence of the Speaker was exercised before the rule was adopted (II, 1405), although the House sometimes preferred to adjourn (I, 179). An elected Speaker pro tempore in the earlier practice was not sworn (I, 229; II, 1386); but the Senate and sometimes the President were notified of such election (II, 1386-1389, 1405-1412; VI, 275). On August 31, 1961 (p. 17765), the House adopted House Resolution 445, electing Hon. John W. McCormack as Speaker pro tempore in the absence and terminal illness of Speaker Rayburn. The resolution provided that the Clerk notify the President and the Senate. The chair of the Democratic Caucus then administered the |
| 635. Drug testing in the House. | 9. The Speaker, in consultation with the Minority Leader, shall develop through an appropriate entity of the House a system for drug testing in the House. The system may provide for the testing of a Member, Delegate, Resident Commissioner, officer, or employee of the House, and otherwise shall be comparable in scope to the system for drug testing in the executive branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses of the system may be paid from applicable accounts of the House for official expenses. |
| Sec. 635a. Former term limit. | Clause 9 formerly was occupied by a prohibition against the Speaker serving for more than four consecutive Congresses, which was added in the 104th Congress (sec. 103(a), H. Res. 6, Jan. 4, 1995, p. 462) and repealed in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. 7). Before the House recodified its rules in the 106th Congress, the former term-limit rule and current clause 8 occupied a single clause (formerly clause 7) (H. Res. 5, Jan. 6, 1999, p. 47). |
| 636. Travel authority. | 10. The Speaker may designate a Member, Delegate, Resident Commissioner, officer, or employee of the House to travel on the business of the House within or without the United States, whether the House is meeting, has recessed, or has adjourned. Expenses for such travel may be paid from applicable accounts of the House described in clause 1(j)(1) of rule X on vouchers approved and signed solely by the Speaker. |
| 637. Select and conference committees. | 11. The Speaker shall appoint all select, joint, and conference committees ordered by the House. At any time after an original appointment, the Speaker may remove Members, Delegates, or the Resident Commissioner from, or appoint additional Members, Delegates, or the Resident Commissioner to, a select or conference committee. In appointing Members, Delegates, or the Resident Commissioner to conference committees, the Speaker shall appoint no less than a majority who generally supported the House position as determined by the Speaker, shall name those who are primarily responsible for the legislation, and shall, to the fullest extent feasible, include the principal proponents of the major provisions of the bill or resolution passed or adopted by the House. |
| 638. Short recess authority. | 12. (a) To suspend the business of the House for a short time when no question is pending before the House, the Speaker may declare a recess subject to the call of the Chair. |
| Sec. 639. Emergency recess and reconvening authority. | (b)(1) To suspend the business of the House when notified of an imminent threat to its safety, the Speaker may declare an emergency recess subject to the call of the Chair. |
| 640. Election, oath, and removal of officers. | 1. There shall be elected at the commencement of each Congress, to continue in office until their successors are chosen and qualified, a Clerk, a |
| 641. Clerk; commencement of first session. | 2. (a) At the commencement of the first session of each Congress, the Clerk shall call the Members, Delegates, and Resident Commissioner to order and proceed to record their presence by States in alphabetical order, either by call of the roll or by use of the electronic voting system. Pending the election of a Speaker or Speaker pro tempore, the Clerk shall preserve order and decorum and decide all questions of order, subject |
| Sec. 642. Other duties of the Clerk. | Various administrative duties, similar to those specified in this clause, are imposed on the Clerk by law (I, 253; Legislative Reorganization Act of 1946, 60 Stat. 812); and the law also requires the furnishing of stationery, blank books, etc., to the committees and officers of the House (V, 7322); to exercise discretionary authority as to reprinting of bills and documents (V, 7319); to receive the testimony taken in election contests (I, 703, 705; see also Federal Contested Election Act, P.L. 91-138, 83 Stat. 284), to serve as an ex officio member of the Federal Election Commission established pursuant to Public Law 94-283; 2 U.S.C. 437c; and to make certain reports on receipts and expenditures (2 U.S.C. 102, 103, 113; see Sec. 655, infra). Instance of Clerk serving temporarily also as Sergeant-at-Arms (July 8, 1953, p. 8242). |
| Sec. 643. Clerk's duties at organization. | As rules are not usually adopted until after the election of the Speaker, this paragraph is not in force at the time of organization of a new House. The procedure at organization does, however, follow a practice conforming to the terms of the paragraph (I, 81), although the House may depart from it. For a discussion of procedure in the House before the adoption of rules, including the procedure by which the Clerk conducts the election of the Speaker, see Sec. Sec. 27, 60, supra. The Clerk, in presiding before the election of the Speaker, recognizes Members (I, 74). The Members-elect have on one occasion, before the election of the Speaker or adoption of rules, authorized the Clerk and Sergeant-at-Arms of the last House to preserve order (I, 101). |
| Sec. 644. The roll of Memberselect. | The roll of Members is made up by the Clerk from the credentials, in accordance with a provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of election in due form having been filed, the Clerk placed the name of the Member-elect on the roll, although he was subsequently advised that a State Supreme Court had issued a writ restraining the Secretary of State from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll may not be interrupted, especially by one not on that roll (I, 84), and a person not on the roll may not be recognized (I, 86). A motion to proceed to the election of the Speaker is of higher privilege than a motion to correct the |
| Sec. 645. Clerk as presiding officer at organizations. | In early years the authority of the Clerk to decide questions of order pending the election of a Speaker was questioned (I, 65). The Clerks often declined to make decisions (I, 68-72; V, 5325). However, in 1855 and 1997 the Clerk decided a question of order; and in 1997 the Clerk was sustained on appeal (I, 91; Jan. 7, 1997, pp. 115, 116). During the existence of a rule that applied the rules of a prior House to a successor House (1860 through 1890) (I, 64; V, 6743-6747) the Clerks made several rulings (I, 76, 77; VI, 623). |
| Sec. 646. Clerk furnishes a list of reports. | (b) At the commencement of every regular session of Congress, the Clerk shall make and cause to be delivered to each Member, Delegate, and the Resident Commissioner a list of the reports that any officer or Department is required to make to Congress, citing the law or resolution in which the requirement may be contained and placing under the name of each officer the list of reports required to be made by such officer. |
| Sec. 647. Clerk's duty as to Journal and documents. | (1) note all questions of order, with the decisions thereon, the record of which shall be appended to the Journal of each session; |
| Sec. 648. Attests and seals process and certifies passage of bills; oversees engrossment and enrollment process. | (d)(1) The Clerk shall attest and affix the seal of the House to all writs, warrants, and subpoenas issued by order of the House and certify the passage of all bills and joint resolutions. |
| Sec. 649. Calendars distributed. | (e) The Clerk shall cause the calendars of the House to be distributed each legislative day. |
| Sec. 650. Documents. | (1) retain in the library at the Office of the Clerk for the use of the Members, Delegates, Resident Commissioner, and officers of the House, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited there; and |
| Sec. 651. Official to act as Clerk upon designation. | (g) The Clerk shall provide for the temporary absence or disability of the Clerk by designating an official in the Office of the Clerk to sign all papers that may require the official signature of the Clerk and to perform all other official acts that the Clerk may be required to perform under the rules and practices of the House, except such official acts as are provided for by statute. Official acts performed by the designated official shall be under the name of the Clerk. The designation shall be in writing and shall be laid before the House and entered on the Journal. |
| Sec. 652. Authority to receive messages. | (h) The Clerk may receive messages from the President and from the Senate at any time when the House is in recess or adjournment. |
| Sec. 653. Administration of vacant Member's office. | (i)(1) The Clerk shall supervise the staff and manage the office of a Member, Delegate, or Resident Commissioner who has died, resigned, or been expelled until a successor is elected. The Clerk shall perform similar duties in the event that a vacancy is declared by the House in any congressional district because of the incapacity of the person representing such district or other reason. When acting as a supervisory authority over such staff, the Clerk shall have authority to terminate employees and, with the approval of the Committee on House Administration, may appoint such staff as is required to operate the office until a successor is elected. |
| Sec. 655. Cooperation with others. | (k) The Clerk shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. |
| 656. SergeantatArms enforces authority of House. | 3. (a) The Sergeant-at-Arms shall attend the House during its sittings and maintain order under the direction of the Speaker or other presiding officer. The Sergeant-at-Arms shall execute the commands of the House, and all processes issued by authority thereof, directed to the Sergeant- at-Arms by the Speaker. |
| Sec. 658. Doorkeeping. | (c) The Sergeant-at-Arms shall enforce strictly the rules relating to the privileges of the Hall of the House and be responsible to the House for the official conduct of employees of the office of the Sergeant-at-Arms. |
| Sec. 660. Cooperation with others. | (f) The Sergeant-at-Arms shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. |
| 661. Duties. | 4. (a) The Chief Administrative Officer shall have operational and financial responsibility for functions as assigned by the Committee on House Administration and shall be subject to the oversight of the Committee on House Administration.- |
| Sec. 662. Semiannual reports. | (b) In addition to any other reports required by the Committee on House Administration, the Chief Administrative Officer shall report to the Committee on House Administration not later than 45 days following the close of each semiannual period ending on June 30 or December 31 on the financial and operational status of each function under the jurisdiction of the Chief Administrative Officer. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. |
| Sec. 663. Cooperation with others. | (c) The Chief Administrative Officer shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. |
| Sec. 663a. Former Office of Doorkeeper. | Before the 104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463), rule V enumerated the duties of the Doorkeeper, who enforced the rules relating to the privileges of the Hall of the House. The earlier form of the rule was adopted in 1838 and amended in 1869, 1880 (I, 260), and 1890 (V, 7295). By law the Doorkeeper was assigned certain administrative duties (I, 262), including certain housekeeping functions. Through employees and appointees, the Doorkeeper also discharged various duties not enumerated in the law or in the rules, such as announcing at the door of the Hall of the House all messengers from the President and the Senate (V, 6591). The Clerk having died, and the Sergeant-at-Arms having been absent, the Doorkeeper of the 79th Congress presided at the organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 78th Congress, the House adopted a resolution on the death of the Doorkeeper and appointed a committee to attend his funeral (Jan. 28, 1943, pp. 421, 422).- |
| Sec. 664. Former Director of Nonlegislative and Financial Services. | The Chief Administrative Officer supplanted the Director of Non-legislative and Financial Services formerly provided for under clause 1 of rule VI in the 103d Congress, which corresponded to an erstwhile rule LII of the 102d Congress. Certain functions and entities formerly within the purview of elected officers were transferred to the Director of Non-legislative and Financial Services pursuant to the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040), which also vested the Committee on House Administration with authority to prescribe regulations providing for the orderly transfer of such functions and entities and any other transfers necessary for the improvement of non-legislative and financial services in the House, so long as not transferring a function or entity within the jurisdiction of the committee under rule X. Pursuant to clause 1 of rule VI of the 103d Congress (then still designated as rule LII of the 102d Congress), the Speaker, the Majority Leader, and the Minority Leader jointly appointed the first Director of Non-legislative and Financial Services on October 23, 1992 (Oct. 29, 1992, p. 34802). |
| 665. Duties of the Chaplain. | 5. The Chaplain shall offer a prayer at the commencement of each day's sitting of the House. |
| 667. Inspector General. | 6. (a) There is established an Office of Inspector General. |
| Sec. 668. Former Office of the Postmaster. | Until the 102d Congress, former rule VI provided for an Office of the Postmaster, who supervised the post offices of the House and the delivery of its mail. The earlier form of the rule was adopted in 1838 and amended in 1880 (I, 270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and 1972 (H. Res. 1153, 92d Cong., pp. 36013-15). The Office of the Postmaster was abolished during the 102d Congress by sections 2 and 5 of the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040). |
| 669. Historian. | 7. There is established an Office of the Historian of the House of Representatives. The Speaker shall appoint and set the annual rate of pay for employees of the Office of the Historian. |
| 670. General Counsel. | 8. There is established an Office of General Counsel for the purpose of providing legal assistance and representation to the House. Legal assistance and representation shall be provided without regard to political affiliation. The Office of General Counsel shall function pursuant to the direction of the Speaker, who shall consult with a Bipartisan Legal Advisory Group, which shall include the majority and minority leaderships. The Speaker shall appoint and set the annual rate of pay for employees of the Office of General Counsel. |
| 671. Personal interest. | 1. Every Member shall be present within the Hall of the House during its sittings, unless excused or necessarily prevented, and shall vote on each question put, unless having a direct personal or pecuniary interest in the event of such question. |
| Sec. 672. Control of a Member's own vote. | It has been found impracticable to enforce the provision requiring every Member to vote (V, 5942-5948), and such question, even if entertained, may not interrupt a pending record vote (V, 5947). The weight of authority also favors the idea that there is no authority in the House to deprive a Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967; VIII, 3072). In one or two early instances the Speaker decided that because of personal interest, a Member should not vote (V, 5955, 5958); but on all other occasions and in the later practice the Speaker has held that the Member and not the |
| Sec. 673. Nature of disqualifying personal interest. | It is a principle of ``immemorial observance'' that a Member should withdraw when a question concerning that Member arises (V, 5949); but it has been held that the disqualifying interest must be such as affects the Member directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952; VIII, 3071, 3072; Speaker Bankhead, May 31, 1939, p. 6359; Speaker Albert, Dec. 2, 1975, p. 38135). In a case in which question affected the titles of several Members to their seats, each refrained from voting in his own case, but did vote on the identical cases of his associates (V, 5957, 5958). A Member should not vote on direct questions affecting that Member, but has sometimes voted on incidental questions (V, 5960, 5961). |
| Sec. 674. Voting. | 2. (a) A Member may not authorize any other person to cast the vote of such Member or record the presence of such Member in the House or the Committee of the Whole House on the state of the Union. |
| 675. Committee service. | 3. (a) In a Committee of the Whole House on the state of the Union, each Delegate and the Resident Commissioner shall possess the same powers and privileges as Members of the House. Each Delegate and the Resident Commissioner shall be elected to serve on standing committees in the same manner as Members of the House and shall possess in such committees the same powers and privileges as the other members of the committee. |
| Sec. 676. Appointment to select and conference committees. | (b) The Delegates and the Resident Commissioner may be appointed to any select committee and to any conference committee. |
| 677. Use of the Hall of the House. | 1. The Hall of the House shall be used only for the legislative business of the House and for caucus and conference meetings of its Members, except when the House agrees to take part in any ceremonies to be observed therein. The Speaker may not en |
| Sec. 678. Persons and officials admitted to the floor during sessions of the House. | 2. (a) Only the following persons shall be admitted to the Hall of the House or rooms leading thereto: |
| Sec. 679. Admission to the floor when the House is not sitting. | 3. (a) Except as provided in paragraph (b), all persons not entitled to the privilege of the floor during the session shall be excluded at all times from the Hall of the House and the cloakrooms. |
| Sec. 680. Former Members and officers. | 4. (a) A former Member, Delegate, or Resident Commissioner; a former Parliamentarian of the House; or a former elected officer of the House or former minority employee nominated as an elected officer of the House shall not be entitled to the privilege of admission to the Hall of the House and rooms leading thereto if such individual-- |
| Sec. 681. Members' staff. | 5. A person from the staff of a Member, Delegate, or Resident Commissioner may be admitted to the Hall of the House or rooms leading thereto under clause 2 only upon prior notice to the Speaker. Such persons, and persons from the staff of committees admitted under clause 2, may not engage in efforts in the Hall of the House or rooms leading thereto to influence Members with regard to the legislation being amended. Such persons shall remain at the desk and are admitted only to advise the Member, Delegate, Resident Commissioner, or committee responsible for their admission. A person who violates this clause may be excluded during the session from the Hall of the House and rooms leading thereto by the Speaker. |
| 682. The various galleries and admission thereto. | 6. (a) The Speaker shall set aside a portion of the west gallery for the use of the President, the members of the Cabinet, justices of the Supreme Court, foreign ministers and suites, and the members of their respective families. The Speaker shall set aside another portion of the same gallery for the accommodation of persons to be admitted on the cards of Members, Delegates, or the Resident Commissioner. |
| 683. Prohibition on distribution of campaign contributions. | 7. A Member, Delegate, Resident Commissioner, officer, or employee of the House, or any other person entitled to admission to the Hall of the House or rooms leading thereto by this rule, may not knowingly distribute a political campaign contribution in the Hall of the House or rooms leading thereto. |
| Sec. 684. Broadcasting of House proceedings. | 1. The Speaker shall administer, direct, and control a system for closed-circuit viewing of floor proceedings of the House in the offices of all Members, Delegates, the Resident Commissioner, and committees and in such other places in the Capitol and the House Office Buildings as the Speaker considers appropriate. Such system may include other telecommunications functions as the Speaker considers appropriate. Any such telecommunications shall be subject to rules and regulations issued by the Speaker. |
| 685. Reporters of debates and committee stenographers. | 1. Subject to the direction and control of the Speaker, the Clerk shall appoint, and may remove for cause, the official reporters of the House, including stenographers of committees, and shall supervise the execution of their duties. |
| Sec. 686. Rules relating to Congressional Record. | The arrangement, style, etc., of the Congressional Record is prescribed by the Joint Committee on Printing pursuant to 44 U.S.C. 901, 904 (see also VIII, 3500). The rules of the Joint Committee on Printing governing publication of the Congressional Record are as follows: |
| Sec. 687. Substantially verbatim account. | The requirement of rule 7 of the supplemental rules that the Congressional Record be a substantially verbatim account of remarks actually rendered was included in clause 8(a) of rule XVII (formerly clause 9 of rule XIV) in the 104th Congress, with the prescription that that rule constitute a standard of conduct under former clause 3(a)(2) of rule XI (formerly clause 4(e)(1)(B) of rule X) (sec. 213, H. Res. 6, Jan. 4, 1995, p. 468). Under clause 8 of rule XVII, remarks actually delivered may not be deleted and remarks inserted must appear in distinctive type (Jan. 4, 1995, p. 541). The Speaker has instructed the Official Reporters of Debates to adhere strictly to the requirement of rule 7 of the supplemental rules (Mar. 2, 1988, p. 2963; Feb. 3, 1993, p. 1980). |
| Sec. 688. Relations of the Committee of the Whole to the Congressional Record. | As a general rule the Committee of the Whole has no control over the Congressional Record (V, 6986); but the chairman in the preservation of order may direct the exclusion of disorderly words spoken by a Member after a call to order (V, 6987). In a case wherein a letter read in Committee involved a breach of privilege, the Committee reported the matter to the House for action, and the House struck the letter from the Record (V, 6986). The chair of the Committee of the Whole does not determine the privileges of a Member under a general leave to print in the Record, that being for the House alone (V, 6988). The Com |
| Sec. 689. Correction of the Congressional Record. | Although the House controls the Congressional Record, the Speaker with the assent of the House laid down the principle that words spoken by a Member in order might not be changed by the House, because this would be determining what a Member should utter on the floor (V, 6974; VI, 583; VIII, 3469, 3498). Neither should one House strike matter placed in the Record by permission of the other House (V, 6966). But the House may correct the speech of one of its Members so that it may record faithfully what was actually said (V, 6972). Similarly, a motion to correct the Record has been entertained to allow a Member to print in subsequent edition of the daily Record the correct text of an amendment offered on a previous day and that had been substantially misprinted in the daily Record for the day on which it was offered (Deschler, ch. 5, Sec. 18.6). In addition, privileged motions have been permitted to correct the Record as follows: (1) striking unparliamentary words inserted in the Record (Deschler, ch. 5, Sec. 17); (2) correcting the Record where the remarks of one Member have been attributed to another (Deschler, ch. 5, Sec. Sec. 18.1, 18.2); (3) correcting the Record where a Member has improperly altered his remarks during an exchange of colloquy with another Member (Deschler, ch. 5, Sec. 18.9). Mere typographical errors in the Record or ordinary revisions of a Member's remarks do not give rise to privileged motions for the correction of the Record (Apr. 25, 1985, p. 9419), because such changes for the permanent edition of the Record may be made without the permission of the House (Deschler, ch. 5, Sec. 19) (subject to clause 8 of rule XVII). The House does not change the Record merely to show what a Member should have said during debate (Deschler, ch. 5, Sec. 18). |
| Sec. 690. Unparliamentary remarks and the Congressional Record. | Where a Member had uttered disorderly words on the floor without challenge, the House decided that it was not precluded from action when the words, after being withheld for revision, appeared in the Record, and struck them (V, 6979, 6981; VI, 582; VIII, 2538, 3463, 3472). The House also has ordered stricken printed speeches condemned as unparliamentary for reflections on Members, committees of the House, the House itself (V, 7017), and the Senate (V, 5129). In the 101st Congress a resolution presented as a question of privilege was adopted to direct the Committee on House Administration to report with respect to certain unauthorized deletions from the Record. A task force of that committee recommended that deletion of unparliamentary remarks be permitted only by consent of the House and not by the Member uttering the words under authority to revise and extend (Oct. 27, 1990, p. 37124). That recommendation has been incorporated into the Rules of the House (clause 8(b) of rule XVII). In debating a resolution to strike from the Record disorderly language a Member may not read the language (V, 7004); but it was held that as part of a personal explanation relating to matter excluded as out of order a Member might read the matter, subject to a point of order if the reading should develop anything in violation of the rules of debate (V, 5079). A resolution to omit from the Record certain remarks merely declared by the Member offering the resolution to be out of order is not privileged (V, 7021). A motion to strike unparliamentary words from the Record is privileged (see Sec. 961, infra), although a question of privilege may not subsequently arise therefrom (V, 7023; VI, 596). |
| Sec. 692. ``Leave to print'' in the Congressional Record. | The practice of inserting in the Congressional Record speeches not actually delivered on the floor has developed by consent of the House as the membership has increased and it has become difficult at times for every Member to fully debate public questions on the floor (V, 6990-6996, 6998-7000). The House, in granting such leave to print, stipulates that it be exercised without unreasonable freedom (V, 7002, 7003). For example: (1) a Member with permission to insert one matter may not insert another (V, 7001; VIII, 3462, 3479, 3480); (2) a Member may not insert statements and letters of others unless the leave granted specifies such matter as extraneous (VIII, 3475, 3481), whether the extension be under general leave for all Members or individual; (3) a Member may not insert that which would not have been in order if uttered on the floor, and the House may exclude such insertion in whole or in part (V, 7004-7008; VIII, 3495; |
| 693. Unofficial reporters in the press gallery and on the floor. | 2. A portion of the gallery over the Speaker's chair, as may be necessary to accommodate representatives of the press wishing to report debates and proceedings, shall be set aside for their use. Reputable reporters and correspondents shall be admitted thereto under such regulations as the |
| Sec. 694. Unofficial reporters in the radio gallery and on the floor. | 3. A portion of the gallery as may be necessary to accommodate reporters of news to be disseminated by radio, television, and similar means of transmission, wishing to report debates and proceedings, shall be set aside for their use. Reputable reporters and correspondents shall be admitted thereto under such regulations as the Speaker may prescribe. The Executive Committee of the Radio and Television Correspond |
| 695. Duties of Clerk and committees as to custody of papers before committees. | 1. (a) At the end of each Congress, the chair of each committee shall transfer to the Clerk any noncurrent records of such committee, including the subcommittees thereof. |
| 696. Custody of papers in the files of the House. | 7. A memorial or other paper presented to the House may not be withdrawn from its files without its leave. If withdrawn certified copies thereof shall be left in the Office of the Clerk. When an act passes for the settlement of a claim, the Clerk may transmit to the officer charged with the settlement thereof the papers on file in the office of the Clerk relating to such claim. The Clerk may lend temporarily to an officer or bureau of the executive departments any papers on file in the office of the Clerk relating to any matter pending before such officer or bureau, taking proper receipt therefor. |
| Sec. 697. Response to subpoenas. | 1. When a Member, Delegate, Resident Commissioner, officer, or employee of the House is properly served with a |
| Sec. 698. Definition of questions of privilege. | 1. Questions of privilege shall be, first, those affecting the rights of the House collectively, its safety, dignity, and the integrity of its proceedings; and second, those affecting the rights, reputation, and conduct of Members, Delegates, or the Resident Commissioner, individually, in their representative capacity only. |
| Sec. 699. Precedence of questions of privilege. | 2. (a)(1) A resolution reported as a question of the privileges of the House, or offered from the floor by the Majority Leader or the Minority Leader as a question of |
| Sec. 700. Questions of privileges of the House. | The body of precedent relating to questions of the privileges of the House includes rulings that span the adoption of this rule. The rule was adopted ``to prevent the large consumption of time which resulted from Members getting the floor for all kinds of speeches under the pretext of raising a question of privilege'' (III, 2521). In a landmark decision on constitutional assertions of privilege, Speaker Gillett placed significant reliance on the history of rule IX by observing that it ``was obviously adopted for the purpose of hindering the extension of constitutional or other privilege'' (VI, 48). |
| Sec. 701. Questions relating to organization. | The privileges of the House include questions relating to its organization (I, 22-24, 189, 212, 290), and the title of its Members to their seats (III, 2579- 2587), which may be raised as questions of the privileges of the House even though the subject has been previously referred to committee (I, 742; III, 2584; VIII, 2307). Such resolutions include those: (1) to declare prima facie right to a seat, or to declare a vacancy, where the House has referred the questions of prima facie and final rights to a committee for investigation (H. Res. 1, Jan. 3, 1985, p. 381; H. Res. 52, Feb. 7, 1985, p. 2220; H. Res. 97, Mar. 4, 1985, p. 4277; H. Res. 121, Apr. 2, 1985, p. 7118; H. Res. 148, Apr. 30, 1985, p. 9801); (2) to raise various questions incidental to the right to a seat (I, 322, 328, 673, 742; II, 1207; III, 2588; VII, 2316), such as a resolution to declare a vacancy in the House because a Member-elect is unable to take the oath of office and to serve as a Member or to expressly resign the office due to an incapacitating illness (H. Res. 80, Feb. 24, 1981, p. 2916); (3) to declare neither of two claimants seated pending a committee report and decision of final right to the seat by the House (Jan. 3, 1961, pp. 23-25; Jan. 3, 1985, p. 381), including incidental provisions providing compensation for both claimants and office staffing by the Clerk (Jan. 3, 1985, p. 381) and to direct temporary seating of a certified Member-elect pending determination of final right notwithstanding prior House action declining to seat either claimant (Feb. 7, 1985, p. 2220; Mar. 4, 1985, p. 4277); (4) to propose directly to dispose of a contest over the title to a seat in the House (Nov. 8, 1997, p. 25294; Nov. 9, 1997, p. 25721; Jan. 28, 1998, p. 175) or to dispose of such contest upon the expiration of a specified day (Oct. 23, 1997, p. 23231; Oct. 29, 1997, p. 23695; Oct. 30, 1997, p. 23959; Nov. 5, 1997, p. 24645). |
| Sec. 702. Questions relating to constitutional prerogatives. | The privileges of the House, as distinguished from that of the individual Member, include questions relating to its constitutional prerogatives in respect to revenue legislation and appropriations (see, e.g., II, 1480-1501; VI, 315; Nov. 8, 1979, p. 31517; Oct. 1, 1985, p. 25418; June 16, 1988, p. 14780; June 21, 1988, p. 15425; Aug. 12, 1994, p. 21655). For a more thorough record of revenue bills returned to the Senate, see Sec. 102, supra. Such a question of privilege may be raised at any time when the House is in possession of the papers (June 20, 1968, Deschler, ch. 13, Sec. 14.2; Aug. 19, 1982, p. 22127), but not otherwise (Apr. 6, 1995, p. 10701). Such a question of privilege includes a resolution asserting that a conference report accompanying a House bill originated revenue provisions in derogation of the sole constitutional prerogative of the House and resolving that such bill be recommitted to conference (July 27, 2000, p. 16565). The constitutional prerogatives of the House also include its function with respect to: (1) impeachment and matters incidental thereto (see Sec. 604, supra); (2) bills ``pocket vetoed'' during an intersession adjournment (Nov. 21, 1989, p. 31156); (3) its power to punish for contempt, whether of its own Members (II, 1641-1665), of witnesses who are summoned to give information (II, 1608, 1612; III, 1666-1724), or of other persons (II, 1597-1640); (4) questions relating to legal challenges involving the prerogatives of the House (Jan. 29, 1981, p. 1304; Mar. 30, 1982, p. 5890), including a resolution responding to a court challenge to the prerogative of the House to establish a Chaplain (Mar. 30, 1982, p. 5890). A resolution laying on the table a message from the President containing certain averments inveighing disrespect toward Members of Congress was considered as a question of the privileges of the House asserting a breach of privilege in a formal communication to the House (VI, 330). |
| Sec. 703. Questions relating to official conduct. | The privileges of the House include certain questions relating to the conduct of Members, officers, and employees (see, e.g., I, 284, 285; III, 2628, 2645-2647). Under that standard, the following resolutions have been held to constitute questions of the privileges of the House: (1) directing the Committee on Standards of Official Conduct to investigate illegal solicitation of political contributions in the House Office Buildings by unnamed sitting Members (July 10, 1985, p. 18397); (2) establishing an ad hoc committee to investigate allegations of ``ghost'' employment in the House (Apr. 9, 1992, p. 9029); (3) directing a committee to further investigate the conduct of a Member on which it has reported to the House (Aug. 5, 1987, p. 22458); (4) directing the Committee on Standards of Official Conduct to report to the House the status of an investigation pending before the committee (Nov. 17, 1995, p. 33846; Nov. 30, 1995, p. 35075); (5) appointing an outside counsel (Sept. 19, 1996, p. 23851; Sept. 24, 1996, p. 24525); (6) committing other matters to an outside counsel already appointed by the committee (June 27, 1996, p. 15917); (7) directing the committee to release the report of an outside counsel (Sept. 19, 1996, p. 23852; Sept. 24, 1996, p. 24526); (8) making allegations concerning the propriety of responses by officers of the House to court subpoenas for papers of the House without notice to the House, and directions to a committee to investigate such allegations (Feb. 13, 1980, p. 2768); (9) making allegations of improper |
| Sec. 704. Questions relating to integrity of proceedings. | The privileges of the House include questions relating to the integrity of its proceedings, including the processes by which bills are considered (III, 2597-2601, 2614; IV, 3383, 3388, 3478), such as the constitutional question of the vote required to pass a joint resolution extending the State ratification period of a proposed constitutional amendment (Speaker O'Neill, Aug. 15, 1978, p. 26203). Privileges of the House also include: (1) resignation of a Member from a select or standing committee (Speaker Albert, June 16, 1975, p. 19054; Speaker O'Neill, Mar. 8, 1977, pp. 6579-82); (2) newspaper charges affecting the honor and dignity of the House (VII, 911); (3) the conduct of representatives of the press (II, 1630, 1631; III, 2627; VI, 553). |
| Sec. 705. Questions relating to comfort and convenience. | The privileges of the House include questions relating to the comfort and convenience of Members and employees (III, 2629-2636), such as resolutions concerning the proper attire for Members in the Chamber when the temperature is uncomfortably warm (July 17, 1979, p. 19008); as well as questions relating to safety, such as resolutions requiring an investigation into the safety of Members in view of alleged structural deficiencies in the West Front of the Capitol (July 25, 1980, pp. 19762- 64) or an insecure ceiling in the Hall (III, 2685); directing the appointment of a select committee to inquire into alleged fire safety deficiencies in the environs of the House (May 10, 1988, p. 10286); and directing the Sergeant-at-Arms to ensure that House personnel are alerted to the dangers of electronic security breaches on computer and information systems (June 11, 2008, p. _). |
| Sec. 706. May not effect change in rules. | A motion to amend the Rules of the House does not present a question of privilege (Speaker Cannon, sustained by the House, thereby overruling the House's decision of March 19, 1910 (VIII, 3376), which held such motion privileged |
| Sec. 707. As distinct from privileged questions. | The clause of the rule giving questions of privilege precedence over all other questions except a motion to adjourn is a recognition of a well- established principle in the House, for it is an axiom of the parliamentary law that such a question ``supersedes the consideration of the original question, and must be first disposed of'' (III, 2522, 2523; VI, 595). As the business of the House began to increase it was found necessary to give certain important matters a precedence by rule, and such matters are called ``privileged questions.'' But as they relate merely to the order of business under the rules, they are to be distinguished from ``questions of privilege'' that relate to the safety or efficiency of the House itself as an organ for action (III, 2718). It is evident, therefore, that a question of privilege takes precedence over a matter merely privileged under the rules (III, 2526-2530; V, 6454; VIII, 3465). Certain matters of business, arising under provisions of the Constitution, have been held to have a privilege that superseded the rules establishing the order of business, as bills providing for census or apportionment (I, 305-308), bills returned with the objections of the President (IV, 3530-3536), propositions of impeachment (see Sec. 604, supra), and questions incidental thereto (III, 2401, 2418; V, 7261; July 22, 1986, p. 17306; Dec. 2, 1987, p. 33720; Jan. 3, 1989, p. 84; Feb. 7, 1989, p. 1726), matters relating to the count of the electoral vote (III, 2573-2578), resolutions relating to adjournment and recess of Congress (V, 6698, 6701-6706; Nov. 13, 1997, p. 26538), and a resolution declaring the Office of the Speaker vacant (VI, 35); but under later decisions certain of these matters that have no other basis in the Constitution or in the rules for privileged status, such as bills relating to census and apportionment, have been held not to present questions of privilege, and the effect of such decisions is to require all questions of privilege to come within the specific provisions of this rule (VI, 48; VII, 889; Apr. 8, 1926, p. 7147) (see Sec. 702, supra). |
| Sec. 708. Questions of personal privilege. | The privilege of the Member rests primarily on the Constitution, which grants conditional immunity from arrest (Sec. 90, supra) and an unconditional freedom of debate in the House (III, 2670, Sec. 92, supra). An assault on a Member within the Capitol when the House was not in session, from a cause not connected with the Member's representative capacity, was also held to involve a question of privilege (II, 1624). But there has been doubt as to the right of the House to interfere for the protection of Members in matters not connected with their official duties (II, 1277; III, 2678, footnote). Charges against the conduct of a Member are held to involve privilege when they |
| Sec. 709. Precedence of questions of privileges of the House. | The body of precedent relating to the precedence of questions of privilege spans both the adoption of this rule in 1880 and its amendment to require notice in certain cases in 1993. |
| Sec. 711. Precedence of questions of personal privilege. | When a Member proposes merely to address the House on a question of personal privilege, and does not offer a resolution affecting the dignity or integrity of the House for action, the practice as to precedence is somewhat different. Thus, a Member rising to a question of personal privilege may not interrupt a call of the yeas and nays (V, 6051, 6052, 6058, 6059; VI, 554, 564), or take from the floor another Member who has been recognized for debate (V, 5002; VIII, 2459, 2528; Sept. 29, 1983, p. 26508; July 23, 1987, p. 20861), but may interrupt the ordinary legislative business (III, 2531). A Member may address the House on a question of personal privilege even after the previous question has been ordered on a pending bill (VI, 561; VIII, 2688). Under modern practice, a question of personal privilege may not be raised in the Committee of the Whole (Sept. 4, 1969, p. 24372; Dec. 13, 1973, p. 41270), the proper remedy being a demand that words be taken down pursuant to clause 4 of rule XVI; yet a breach of privilege occurring in the Committee of the Whole relates to the dignity of the House and is so treated (II, 1657). A question of personal privilege may not be raised while a question of the privileges of the House is pending (Apr. 30, 1985, p. 9808; May 1, 1985, p. 10003). The Chair may require a Member to submit for examination the material upon which the Member would rely before conferring recognition for a question of personal privilege (Jan. 18, 2007, p. _). |
| Sec. 712. Questions of privilege in relation to quorum. | During a call of the House in the absence of a quorum, only such questions of privilege as relate immediately to those proceedings may be presented (III, 2545). See also Sec. 1024, infra. |
| 714. Number and jurisdiction of standing committees. | 1. There shall be in the House the following standing committees, each of which shall have the jurisdiction and related functions assigned by this clause and clauses 2, 3, and 4. All bills, resolutions, and other matters relating to subjects within the jurisdiction of the standing committees listed in this clause shall be referred to those committees, in accordance with clause 2 of rule XII, as follows: |
| Sec. 715. Agriculture. | (1) Adulteration of seeds, insect pests, and protection of birds and animals in forest reserves. |
| Sec. 716. Appropriations. | (1) Appropriation of the revenue for the support of the Government. |
| Sec. 717. Responsibilities under Budget Act. | Effective July 12, 1974, special Presidential messages on rescissions and deferrals of budget authority submitted pursuant to sections 1012 and 1013 of the Impoundment Control Act of 1974 (2 U.S.C. 683, 684), as well as rescission bills and impoundment resolutions defined in section 1011 (2 U.S.C. 682) and required in section 1017 (2 U.S.C. 688) to be referred to the appropriate committee, are referred to the Committee on Appropriations if the proposed rescissions or deferrals involve funds already appropriated or obligated. Also effective July 12, 1974, the Congressional Budget Act of 1974 (sec. 404(a)) added to the committee's jurisdiction, which was later perfected by the Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), subparagraphs (2), (3), and (4). |
| Sec. 718. Armed Services. | (1) Ammunition depots; forts; arsenals; and Army, Navy, and Air Force reservations and establishments. |
| Sec. 719. Budget. | (1) Concurrent resolutions on the budget (as defined in section 3(4) of the Congressional Budget Act of 1974), other matters required to be referred to the committee under titles III and IV of that Act, and other measures setting forth appropriate levels of budget totals for the United States Government. |
| Sec. 720. Education and Labor. | (2) Gallaudet University and Howard University and Hospital. |
| Sec. 721. Energy and Commerce. | (2) Consumer affairs and consumer protection. |
| Sec. 722. Financial Services. | (2) Economic stabilization, defense production, renegotiation, and control of the price of commodities, rents, and services. |
| Sec. 723. Foreign Affairs. | (1) Relations of the United States with foreign nations generally. |
| Sec. 723a. Homeland Security. | (1) Overall homeland security policy. |
| Sec. 723b. Former Select Committees on Homeland Security. | In the 107th Congress the House established a Select Committee on Homeland Security (H. Res. 449, June 19, 2002, p. 10722). Its mission was to develop recommendations on such matters that relate to the establishment of a department of homeland security as may be referred to it by the Speaker and on recommendations submitted to it by standing committees to which the Speaker referred a bill establishing the department and to report its recommendation to the House on such bill. It was terminated after final disposition of the specified bill (Nov. 25, 2002, p. 23433). In the 108th Congress the House reestablished a Select Committee on Homeland Security (sec. 4, H. Res. 5, Jan. 7, 2003, p. 11). Its mission was to develop recommendations on such matters that relate to the Home |
| Sec. 724. House Administration. | (1) Appropriations from accounts for committee salaries and expenses (except for the Committee on Appropriations); House Information Resources; and allowance and expenses of Members, Delegates, the Resident Commissioner, officers, and administrative offices of the House. |
| Sec. 725. House facilities. | The Committee has jurisdiction over measures relating to the House Restaurant (2 U.S.C. 2041), which was first under the jurisdiction of the former Committee on Accounts, then under the supervision of the Architect of the Capitol (H. Res. 590, 76th Cong., Sept. 5, 1940, p. 11552, as made permanent law by P.L. 76- 812), and then the Select Committee on the House Restaurant (H. Res. 472, 91st Cong., July 10, 1969, p. 19080; H. Res. 111, 93d Cong., Feb. 7, 1973, p. 3680), which was not reestablished after the 93d Congress. |
| Sec. 727. Library. | Under the Reorganization Act the committee has jurisdiction over some of the subjects formerly within the jurisdiction of the Joint Committee on the Library, such as matters relating to the Library of Congress and the House Library, statuary and pictures, acceptance or purchase of works of art for the Capitol, the Botanic Gardens, management of the Library of Congress, purchase of books and manuscripts, matters relating to the Smithsonian Institution, and the incorporation of similar institutions. Excepted are measures relating to the construction or reconstruction, maintenance, and care of the buildings and grounds of the Botanic Gardens, the Library of Congress, and the Smithso |
| Sec. 728. Congressional Record. | The Committee has jurisdiction over matters relating to printing and correction of the Congressional Record, formerly within the jurisdiction of the Committee on Printing. The House Members of the Joint Committee on Printing, provided for by law (44 U.S.C. 101), are elected by resolution each Congress. |
| Sec. 729. Judiciary. | (1) The judiciary and judicial proceedings, civil and criminal. |
| Sec. 730. Internal Security. | (19) Subversive activities affecting the in- ternal security of the United States. |
| Sec. 731. Natural Resources. | (1) Fisheries and wildlife, including research, restoration, refuges, and conservation. |
| Sec. 732. Oversight and Government Reform. | (1) Federal civil service, including intergovernmental personnel; and the status of officers and employees of the United States, including their compensation, classification, and retirement. |
| Sec. 733. Rules. | (1) Rules and joint rules (other than those relating to the Code of Official Conduct) and the order of business of the House. |
| Sec. 734. Special orders of business. | Since 1883 the Committee on Rules has reported special orders providing times and methods for consideration of individual bills or classes of bills, thereby enabling the House by majority vote to forward particular legislation, instead of being forced to use for this purpose the motion to suspend the rules, which requires a two-thirds vote (IV, 3152; V, 6870; for forms of, IV, 3238-3263). |
| Sec. 735. Science and Technology. | (1) All energy research, development, and demonstration, and projects therefor, and all federally owned or operated nonmilitary energy laboratories. |
| Sec. 736. Small Business. | (1) Assistance to and protection of small business, including financial aid, regulatory flexibility, and paperwork reduction. |
| Sec. 737. Standards of Official Conduct. | In the 90th Congress the Committee on Standards of Official Conduct was established as a standing committee (H. Res. 418, Apr. 13, 1967, p. 9425). Its precursor was the Select Committee on Standards and Conduct, created in the 89th Congress (H. Res. 1013, Oct. 19, 1966, pp. 27713-30). At various times in its history, the legislative jurisdiction of the committee has included jurisdiction over measures relating to (1) financial disclosure by Members, officers, and employees of the House (H. Res. 1099, 90th Cong., Apr. 3, 1968, p. 8776); (2) the raising, reporting, and use of campaign contributions for candidates for the House (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470); and (3) lobbying activities (H. Res. 1031, 91st Cong., July 8, 1970, p. 23141). However, legislative jurisdiction over measures relating to financial disclosure was transferred to the Committee on Rules in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70); legislative jurisdiction over measures relating to campaign contributions for candidates for the House was transferred to House Administration, and legislative jurisdiction over measures relating to lobbying activities was removed from the committee (thereby devolving on the Committee on the Judiciary) in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion |
| Sec. 738. Former Select Committees on Ethics. | In the 95th Congress, the House established a Select Committee on Ethics and granted it exclusive legislative jurisdiction over bills that incorporated into permanent law provisions of House rules addressing financial ethics of Members, officers, and employees (H. Res. 383, Mar. 9, 1977, pp. 6811-16). The Select Committee was also granted jurisdiction to promulgate implementing regulations and to issue advisory opinions. The resolution creating the Select Committee provided that it would expire on December 31, 1977, but the committee and its functions ultimately were extended through the completion of its official business (H. Res. 871, Oct. 31, 1977, p. 35957). |
| Sec. 739. Transportation and Infrastructure. | (1) Coast Guard, including lifesaving service, lighthouses, lightships, ocean derelicts, and the Coast Guard Academy. |
| Sec. 740. Veterans' Affairs. | (2) Cemeteries of the United States in which veterans of any war or conflict are or may be buried, whether in the United States or abroad (except cemeteries administered by the Secretary of the Interior). |
| Sec. 741. Ways and Means. | (1) Customs revenue, collection districts, and ports of entry and delivery. |
| 742. General oversight. | 2. (a) The various standing committees shall have general oversight responsibilities as provided in paragraph (b) in order to assist the House in-- |
| Sec. 743. Oversight subcommittees. | (2) Each committee to which subparagraph (1) applies having more than 20 members shall establish an oversight subcommittee, or require its subcommittees to conduct oversight in their respective jurisdictions, to assist in carrying out its responsibilities under this clause. The establishment of an oversight subcommittee does not limit the responsibility of a subcommittee with legislative jurisdiction in carrying out its oversight responsibilities. |
| 744. Special oversight. | 3. (a) The Committee on Appropriations shall conduct such studies and examinations of the organization and operation of executive departments and other executive agencies (including an agency the majority of the stock of which is owned by the United States) as it considers necessary to assist it in the determination of matters within its jurisdiction. |
| 745. Committee on Appropriations; budget hearings. | 4. (a)(1)(A) The Committee on Appropriations shall, within 30 days after the transmittal of the Budget to Congress each year, hold hearings on the Budget as a whole with particular reference to-- |
| Sec. 746. Procedure for budget hearings. | (C) A hearing under subdivision (A), or any part thereof, shall be held in open session, except when the committee, in open session and with a quorum present, determines by record vote that the testimony to be taken at that hearing on that day may be related to a matter of national security. The committee may by the same procedure close one subsequent day of hearing. A transcript of all such hearings shall be printed and a copy thereof furnished to each Member, Delegate, and the Resident Commissioner. |
| Sec. 747a. Select Intelligence Oversight Panel. | (5)(A) There is established a Select Intelligence Oversight Panel of the Committee on Appropriations (hereinafter in this paragraph referred to as the ``select panel''). The select panel shall be composed of not more than 13 Members, Delegates, or the Resident Commissioner appointed by the Speaker, of whom not more than eight may be from the same political party. The select panel shall include the chair and ranking minority member of the Committee on Appropriations, the chair and ranking minority member of its |
| Sec. 748. Budget. | (1) review on a continuing basis the conduct by the Congressional Budget Office of its functions and duties; |
| Sec. 749. Oversight and Government Reform. | (c)(1) The Committee on Oversight and Government Reform shall-- |
| Sec. 750. House Administration. | (d)(1) The Committee on House Administration shall-- |
| Sec. 752. Direction of officers. | (A) provide policy direction for the Inspector General and oversight of the Clerk, Sergeant-at-Arms, Chief Administrative Officer, and Inspector General; |
| Sec. 753. Acceptance of gifts. | (C) have the function of accepting on behalf of the House a gift, except as otherwise provided by law, if the gift does not involve a duty, burden, or condition, or is not made dependent on some future performance by the House; and |
| Sec. 754. Approval of certain settlements. | (2) An employing office of the House may enter into a settlement of a complaint under the Congressional Accountability Act of 1995 that provides for the payment of funds only after receiving the joint approval of the chair and ranking minority member of the Committee on House Administration concerning the amount of such payment. |
| Sec. 755. Annual appropriations. | (e)(1) Each standing committee shall, in its consideration of all public bills and public joint resolutions within its |
| 756. Concurrent resolution on Budget. | (f)(1) Each standing committee shall submit to the Committee on the Budget not later than six weeks after the submission of the budget by the President, or at such time as the Committee on the Budget may request-- |
| 757. Electing committees. | 5. (a)(1) The standing committees specified in clause 1 shall be elected by the House within seven calendar days after the commencement of each Congress, from nominations submitted by the respective party caucus or conference. A resolution proposing to change the composition of a standing committee shall be privileged if offered by direction of the party caucus or conference concerned. |
| Sec. 758. Budget, composition of. | (2)(A) The Committee on the Budget shall be composed of members as follows: |
| Sec. 759. Committee on Standards of Official Conduct. | (3)(A) The Committee on Standards of Official Conduct shall be composed of 10 members, five from the majority party and five from the minority party. |
| Sec. 760. Party membership as basis for election. | (b)(1) Membership on a standing committee during the course of a Congress shall be contingent on continuing membership in the party caucus or conference that nominated the Member, Delegate, or Resident Commissioner concerned for election to such committee. Should a Member, Delegate, or Resident Commissioner cease to be a member of a particular party caucus or conference, that |
| Sec. 761. Committee chairs. | (c) One of the members of each standing committee shall be elected by the House, on the nomination of the majority party caucus or conference, as chair thereof. In the absence of the member serving as |
| Sec. 762. Requirement for subcommittees. | (d)(1) Except as permitted by subparagraph (2), a committee may have not more than five subcommittees. |
| 763. Primary expense resolution. | 6. (a) Whenever a committee, commission, or other entity (other than the Committee on Appropriations) is granted authorization for the payment of its expenses |
| Sec. 765. Additional expense resolution. | (b) After the date of adoption by the House of a primary expense resolution for a committee, commission, or other entity for a Congress, authorization for the payment of additional expenses (including staff sal |
| Sec. 766. Exception for certain initial funding. | (1) a resolution providing for the payment from committee salary and expense accounts of the House of sums necessary to pay compensation for staff services performed for, or to pay other expenses of, a committee, commission, or other entity at any time after the beginning of an odd-numbered year and before the date of adoption by the House of the primary expense resolution described in paragraph (a) for that year; or |
| Sec. 767. Funds for committee staffs; expense resolutions. | (d) From the funds made available for the appointment of committee staff by a primary or additional expense resolution, the chair of each committee shall ensure that sufficient staff is made available to each subcommittee to carry out its responsibilities under the rules of the committee and that the minority party is treated fairly in the appointment of such staff. |
| 768. Interim funding. | 7. (a) For the period beginning at noon on January 3 and ending at midnight on March 31 in each odd- numbered year, such sums as may be necessary shall be paid out of the committee salary and expense accounts of the House for continuance of necessary investigations and studies by-- |
| 769. Committee travel. | 8. (a) Local currencies owned by the United States shall be made available to the committee and its employees engaged in carrying out their official duties outside the United States or its territories or possessions. Appropriated funds, including those authorized under this clause and clause 6, may not be expended for the purpose of defraying expenses of members of a committee or its employees in a country where local currencies are available for this purpose. |
| Sec. 770. Travel reports. | (3) Each member or employee of a committee shall make to the chair of the committee an itemized report showing the dates each country was visited, the amount of per diem furnished, the cost of transportation furnished, and funds expended for any other official purpose and shall summarize in these categories the total foreign currencies or appropriated funds expended. Each report shall be filed with the chair of the committee not later than 60 days following the completion of travel for use in complying with reporting requirements in applicable Federal law and shall be open for public inspection. |
| 771. Thirty professional staff. |
9. (a)(1) Subject to
subparagraph (2) and paragraph (f), each standing committee may appoint,
by majority vote, not more than 30 professional staff members to be
compensated from the funds provided for the appointment of committee
staff by primary and additional expense resolutions. Each professional
staff < |
| Sec. 773. Minority. | (2) Subject to paragraph (f) whenever a majority of the minority party members of a standing committee (other than the Committee on Standards of Official Conduct or the Permanent Select Committee on Intelligence) so request, not more than 10 persons (or one-third of the total professional committee staff appointed under this clause, whichever is fewer) may be selected, by majority vote of the minority party members, for appointment by the committee as professional staff members under |
| Sec. 774. Consultants and training. | Committees may, with the approval of the Committee on House Administration, procure the temporary or intermittent services of consultants and obtain specialized training for professional staff, subject to expense resolutions, under the Legislative Reorganization Act of 1970, sections 303 and 304 (2 U.S.C. 72a(i) and (j)). |
| Sec. 775. Staff duties. | (b)(1) The professional staff members of each standing committee-- |
| Sec. 776. ``Associate'' or ``shared'' staff. | (2)(A) Subparagraph (1) does not apply to staff designated by a committee as ``associate'' or ``shared'' staff who are not paid exclusively by the committee, provided that the chair certifies that the compensation paid by the committee for any such staff is commensurate with the work performed for the |
| Sec. 777. Pay. | (c) Each employee on the professional or investigative staff of a standing committee shall be entitled to pay at a single gross per annum rate, to be fixed by the chair and that does not exceed the maximum rate of pay as in effect from time to time under applicable provisions of law. |
| Sec. 778. Staff, Committee on Appropriations. | (d) Subject to appropriations hereby authorized, the Committee on Appropriations may appoint by majority vote such staff as it determines to be necessary (in addition to the clerk of the committee and assistants for the minority). The staff appointed under this paragraph, other than minority assistants, shall possess such qualifications as the committee may prescribe. |
| Sec. 779. Detailed employees. | (e) A committee may not appoint to its staff an expert or other personnel detailed or assigned from a department or agency of the Government except with the writ |
| Sec. 780. Nonpartisan staff. | (i) Notwithstanding paragraph (a)(2), a committee may employ nonpartisan staff, in lieu of or in addition to committee staff designated exclusively for the majority or minority party, by an affirmative vote of a majority of the members of the major |
| Sec. 781. Reports on staff. | Effective in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), former clause 6(j) of rule XI, which was added on January 3, 1953 (p. 24) and which was contained in section 134(b) of the Legislative Reorganization Act of 1945, was deleted; that clause required committees to report semiannually to the Clerk, for printing in the Congressional Record, on the names, professions, and salaries of committee employees. |
| 782. Party membership as basis for appointment. | 10. (a) Membership on a select or joint committee appointed by the Speaker under clause 11 of rule I during the course of a Congress shall be contingent on continuing membership in the party caucus or conference of which the Member, Delegate, or Resident Commissioner concerned was a member at the time of appointment. Should a Member, Delegate, or Resident Commissioner cease to be a member of that caucus or conference, that Member, Delegate, or Resident Commissioner shall automatically cease to be a member of any select or joint committee to which assigned. The chair of the relevant party |
| Sec. 783. Select and joint committee compliance. | (b) Each select or joint committee, other than a conference committee, shall comply with clause 2(a) of rule XI unless specifically exempted by law. |
| Sec. 784. Aging. | A paragraph (i) of former clause 6 of rule X was incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), to provide for a permanent select committee on aging. That provision was stricken in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). |
| 785. Permanent Select Committee on Intelligence. | 11. (a)(1) There is established a Permanent Select Committee on Intelligence (hereafter in this clause referred to as the ``select committee''). The select committee shall be composed of not more |
| Sec. 786. Membership, administration, jurisdiction. | This clause (formerly rule XLVIII) was adopted in the 95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49) and has had several technical amendments: (1) to change the size of the committee from 13 to 14 members (H. Res. 70, 96th Cong., Jan. 25, 1979, p. 1023); (2) to reflect a change in the name of a committee (H. Res. 89, 96th Cong., Feb. 5, 1979, p. 1848); (3) to change the size to not more than 16 members (H. Res. 33, 99th Cong., Jan. 30, 1985, p. 1271); (4) to change the size to not more than 17 members and to change the cross-reference in clause 7(c)(1) to include paragraph (a) or (b) (H. Res. 5, 100th Cong., Jan. 6, 1987, p. 6); (5) to change the size to not more than 19 members (H. Res. 5, 101st Cong., Jan. 3, 1989, p. 73) and to permit the Speaker to attend meetings and have access to information (H. Res. 268, Nov. 14, 1989, p. 28789); (6) to strike obsolete language relating to tenure restrictions in clause 1 and relating to the requirement for authorizations of appropriations in clause 9 (H. Res. 5, 102d Cong., Jan. 3, 1991, p. 39); (7) to limit the size of the panel to 16, with no more than nine members from the same party; to set the tenure limitation at four Congresses within a period of six Con |
| 787. Committee procedure. | 1. (a)(1)(A) The Rules of the House are the rules of its committees and subcommittees so far as applicable. |
| Sec. 788. Investigative authority. | (b)(1) Each committee may conduct at any time such investigations and studies as it considers necessary or appropriate in the exercise of its responsibilities under rule X. Subject to the adoption of expense resolutions as required by clause 6 of rule X, each committee may incur expenses, including travel expenses, in connection with such investigations and studies. |
| Sec. 789. Printing and binding. | (c) Each committee may have printed and bound such testimony and other data as may be presented at hearings held by the committee or its subcommittees. All costs of stenographic services and transcripts in connection with a meeting or hearing of a committee shall be paid from the applicable accounts of the House described in clause 1(j)(1) of rule X. |
| Sec. 790. Activity reports. | (d)(1) Each committee shall submit to the House not later than January 2 of each odd-numbered year a report on the activities of that committee under this rule and rule X during the Congress ending at noon on January 3 of such year. |
| 791. Committee rules. | 2. (a)(1) Each standing committee shall adopt written rules governing its procedure. Such rules-- |
| Sec. 792. Committee procedure generally. | Failure to follow certain procedural requirements imposed on committees by this rule may invalidate committee actions. Violation of the requirements as to open meetings and hearings and other hearing irregularities improperly overruled (see clause 2(g)(5) of rule XI) or the prescribed committee procedures for reporting bills and resolutions (clause 2(h) of rule XI) may in some instances be the basis for a point of order in the House, resulting in the recommitment of the bill. However, 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 (Procedure, ch. 17, Sec. 11.1). |
| 793. Committee meetings. | (b) Each standing committee shall establish regular meeting days for the conduct of its business, which shall be not less frequent than monthly. Each such committee shall meet for the consideration of a bill or resolution pending before the committee or the transaction of other committee business on all regular meeting days fixed by the committee unless otherwise provided by written rule adopted by the committee. Additional and special meetings |
| 794. Required records. | (e)(1)(A) Each committee shall keep a complete record of all committee action which shall include-- |
| Sec. 795. Public availability. | (B)(i) Except as provided in subdivision (B)(ii) and subject to paragraph (k)(7), the result of each such record vote shall be made available by the committee for inspection by the public at reasonable times in its offices. Information so available for public inspec |
| Sec. 796. Committee files. | (2)(A) Except as provided in subdivision (B), all committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the member serving as its chair. Such records shall be the property of the House, and each Member, Delegate, and the Resident Commissioner shall have access thereto. |
| 797. Ban on proxies. | (f) A vote by a member of a committee or subcommittee with respect to any measure or matter may not be cast by proxy. |
| 798. Open meetings and hearings. | (g)(1) Each meeting for the transaction of business, including the markup of legislation, by a standing committee or subcommittee thereof (other than the Committee on Standards of Official Conduct or its subcommittees) shall be open to the public, including to radio, television, and still photography coverage, except when the committee or subcommittee, in open session and with a majority present, determines by record vote that all or part of the remainder of the meeting on that day shall be in executive session because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, would tend to defame, degrade, or incriminate any person, or otherwise would violate a law or rule of the House. Persons, other than members of the committee and such noncommittee Members, Delegates, Resident Commissioner, congressional staff, or departmental representatives as the committee |
| 799. Requirement of quorum. | (h)(1) A measure or recommendation may not be reported by a committee unless a majority of the committee is actually present. |
| Sec. 800. Reduced quorum. | (2) Each committee may fix the number of its members to constitute a quorum for taking testimony and receiving evidence, which may not be less than two. |
| Sec. 800a. Postponing votes in committee. | (4)(A) Each committee may adopt a rule authorizing the chair of a committee or subcommittee-- |
| 801. Committees not to sit. | (i) A committee may not sit during a joint session of the House and Senate or during a recess when a joint meeting of the House and Senate is in progress. |
| 802. Witnesses. | (j)(1) Whenever a hearing is conducted by a committee on a measure or matter, the minority members of the committee shall be entitled, upon request to the chair by a majority of them before the completion of the hearing, to call witnesses selected by the minority to testify with respect to that measure or matter during at least one day of hearing thereon. |
| 803. Hearing procedure. | (k)(1) The chair at a hearing shall announce in an opening statement the subject of the hearing. |
| 804. Minority views. | (l) If at the time of approval of a measure or matter by a committee (other than the Committee on Rules) a member of the committee gives notice of intention to file supplemental, minority, or additional views for inclusion in the report to the House thereon, |
| 805. Power to sit and to issue subpoenas; oaths. | (m)(1) For the purpose of carrying out any of its functions and duties under this rule and rule X (including any matters referred to it under clause 2 of rule XII), a committee or subcommittee is authorized (subject to subparagraph (3)(A))-- |
| Sec. 805a. Certain hearings required. | (n)(1) Each standing committee, or a subcommittee thereof, shall hold at least one hearing during each 120-day period following the establishment of the committee on the topic of waste, fraud, abuse, or mismanagement in Government programs which that committee may authorize. |
| 806. Standards of Official Conduct; additional duties. | 3. (a) The Committee on Standards of Official Conduct has the following functions: |
| 806a. Standards of Official Conduct; committee rules. | (f) The committee shall adopt rules providing that the chair shall establish the agenda for meetings of the committee, but shall not preclude the ranking minority member from placing any item on the agenda. |
| 807. Coverage of committee proceedings. | 4. (a) The purpose of this clause is to provide a means, in conformity with acceptable standards of dignity, propriety, and decorum, by which committee hearings or committee meetings that are open to the public may be covered by audio and visual means-- |
| Sec. 808. Media coverage. | (c) It is, further, the intent of this clause that the general conduct of each meeting (whether of a hearing or otherwise) covered under authority of this clause by audio or visual means, and the personal behavior of the committee members and staff, other Government officials and personnel, witnesses, television, radio, and press media personnel, and the general public at the hearing or other meeting, shall be in strict conformity with and observance of the acceptable standards of dignity, propriety, courtesy, and decorum traditionally observed by the House in its operations, and may not be such as to-- |
| Sec. 809. When permitted. | (e) Whenever a hearing or meeting conducted by a committee or subcommittee is open to the public, those proceedings shall be open to coverage by audio and visual means. A committee or subcommittee chair may not limit the number of television or still cameras to fewer than two representatives from each medium (except for legitimate space or safety considerations, in which case pool coverage shall be authorized). |
| Sec. 810. Committee rules. | (f) Each committee shall adopt written rules to govern its implementation of this clause. Such rules shall contain provisions to the following effect: |
| Sec. 811. Press photographers. | (8) Photographers may not position themselves between the witness table and the members of the committee at any time during the course of a hearing or meeting. |
| Sec. 812. Accreditation. | (11) Personnel providing coverage by still photography shall be currently accredited to the Press Photographers' Gallery. |
| 813. Fees of witnesses before the House or committees. | 5. Witnesses appearing before the House or any of its committees shall be paid the same per diem rate as established, authorized, and regulated by the Committee on House Administration for Members, Delegates, the Resident Commissioner, and employees of the House, plus actual expenses of travel to or from the place of examination. Such per diem may not be paid when a |
| 814. Resumption of business of a preceding session. | 6. All business of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress in the same manner as if no adjournment had taken place. |
| 815. Entry of messages in the Journal and Record. | 1. Messages received from the Senate, or from the President, shall be entered on the Journal and published in the Congressional Record of the proceedings of that day. |
| 816. Referral procedures. | 2. (a) The Speaker shall refer each bill, resolution, or other matter that relates to a subject listed under a standing committee named in clause 1 of rule X in accordance with the provisions of this clause. |
| Sec. 816a. Sequential referral procedures. | Under clause 2(c), the Speaker has authority to sequentially refer a bill reported from a committee to other committees for a time certain for consideration of such portions of the bill as fall within their respective jurisdictions (Speaker Albert, Apr. 9, 1976, p. 10265; Speaker Albert, May 17, 1976, p. 14093). Under that authority, the Speaker may limit a sequential referral to matters having a direct effect on subjects within the committee's jurisdiction (Speaker O'Neill, Apr. 5, 1982, p. 6580; Speaker O'Neill, June 7, 1983, p. 14699; Speaker Wright, Sept. 9, 1987, p. 23648). For example, the Speaker sequentially referred a bill reported by the Committee on Energy and Commerce to the Committee on the Judiciary for a specified time for consideration of ``such provisions of the bill and amendment recommended by the Committee on Energy and Commerce as propose to narrow the purview of the Attorney General under section 271 of the Communications Act of 1934'' (Speaker Hastert, May 24, 2001, p. 9384). The Speaker exercised authority under this clause to sequentially refer a joint resolution making continuing appropriations, reported as privileged by the Committee on Appropriations, to the committee having legislative jurisdiction over a legislative provision in the resolution, without a time limitation on the sequential referral (Speaker O'Neill, Sept. 22, 1983, p. 25523). |
| Sec. 816b. Referral procedures to an ad hoc select committee. | Resolutions authorizing the Speaker to establish an ad hoc committee for the consideration of a particular bill under paragraph (c) of this clause, and extending the reporting date for such a committee, are privileged when offered from the floor at the Speaker's request (Speaker Albert, Apr. 22, 1975, p. 11261; Speaker Albert, Jan. 26, 1976, p. 876; Speaker O'Neill, Jan. 11, 1977, pp. 894-98; Speaker O'Neill, Apr. 21, 1977, pp. 11550-56). |
| Sec. 817. Restriction on the reference of claims. | (d) A bill for the payment or adjudication of a private claim against the Government may not be referred to a committee other than the Committee on Foreign Affairs or the Committee on the Judiciary, except by unanimous consent. |
| 818. Introduction and reference of petitions, memorials, and private bills. | 3. If a Member, Delegate, or Resident Commissioner has a petition, memorial, or private bill to present, the Member, Delegate, or Resident Commissioner shall sign it, deliver it to the Clerk, and may specify the reference or disposition to be made thereof. Such petition, memorial, or private bill (except when judged by the Speaker to be obscene or insulting) shall be entered on the Journal with the name of the Member, Delegate, or Resident Commissioner presenting it and shall be printed in the Congressional Record. |
| Sec. 819. Duties of Speaker and Members in presenting petitions. | Petitions, memorials, and other papers addressed to the House may be presented by the Speaker as well as by a Member (IV, 3312). Petitions from the country at large are presented by the Speaker in the manner prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may present a petition from the people of another State (IV, 3315, 3316). The House itself may refer one portion of a petition to one committee and another portion to another committee (IV, 3359, 3360), but ordinarily the reference of a petition does not come before the House itself. A committee may receive a petition only through the House (IV, 4557). |
| Sec. 820. As to division of bills for reference. | The parliamentary law provides that the House may commit a portion of a bill, or a part to one committee and part to another (V, 5558), yet under the practice of the House until January 3, 1975, a bill or joint resolution could not be di |
| Sec. 821. Fraudulent introduction of a bill. | The fraudulent introduction of a bill involves a question of privilege, and a bill so introduced was ordered stricken from the files (IV, 3388). As the result of the unauthorized introduction of several bills without the knowledge of the Members listed as sponsors, the Speaker directed that all bills and resolutions must be signed by the prime sponsor thereof in order to be accepted for introduction (Speaker Albert, Feb. 3, 1972, p. 2521). |
| Sec. 822. Certain private bills prohibited. | 4. A private bill or private resolution (including an omnibus claim or pension bill), or amendment thereto, may not be received or considered in the House if it authorizes or directs-- |
| 823. Commemoratives prohibited. | 5. (a) A bill or resolution, or an amendment thereto, may not be introduced or considered in the House if it establishes or expresses a commemoration. |
| 824. Correction of errors in reference; and relation to jurisdiction. | 6. A petition, memorial, bill, or resolution excluded under this rule shall be returned to the Member, Delegate, or Resident Commissioner from whom it was received. A petition or private bill that has been inappropriately referred may, by direction of the committee having possession of it, be properly referred in the manner originally presented. An erroneous reference of a petition or private bill under this clause does not confer jurisdiction on a committee to consider or report it. |
| 825. Introduction, reference, and change of reference of public bills, memorials, and resolutions. | 7. (a) Bills, memorials, petitions, and resolutions, endorsed with the names of Members, Delegates, or the Resident Commissioner introducing them, may be delivered to the Speaker to be referred. The titles and references of all bills, memorials, petitions, resolutions, and other documents referred under this rule shall be entered on the Journal and printed in the Congressional Record. An erroneous reference may be corrected by the House in accordance with rule X on any day immediately after the Pledge of Allegiance to the Flag by unanimous consent or motion. Such a motion shall be privileged if offered by direction of a committee to which the bill has been erroneously referred or by direction of a committee claiming jurisdiction and shall be decided without debate. |
| Sec. 826. Introduction of bills, resolutions, or memorials by request. | (5) When a bill or resolution is introduced ``by request,'' those words shall be entered on the Journal and printed in the Congressional Record. |
| 827. Reception and reference of executive communications, including estimates. | 8. Estimates of appropriations and all other communications from the executive departments intended for the consideration of any committees of the House shall be addressed to the Speaker for referral as provided in clause 2 of rule XIV. |
| 828. Calendar for reports of committees. | 1. (a) All business reported by committees shall be referred to one of the following three calendars: |
| Sec. 830. Motion to discharge. | (b) There is established a Calendar of Motions to Discharge Committees as provided in clause 2 of rule XV. |
| 831. Reports filed with the Clerk. | 2. (a)(1) Except as provided in subparagraph (2), all reports of committees (other than those filed from the floor) shall be delivered to the Clerk for printing and reference to the proper calendar under the direction of the Speaker in accordance with clause 1. The title or subject of each report shall be entered on the Journal and printed in the Congressional Record. |
| Sec. 832. Adverse reports. | (2) A bill or resolution reported adversely (other than those filed as privileged) shall be laid on the table unless a committee to which the bill or resolution |
| Sec. 833. Requirement that reports of committees be in writing and be printed. | When the House codified its rules in the 106th Congress, it deleted the portion of clause 2 of rule XVIII that required the printing of reports. That provision was redundant because this provision carries the same requirement (H. Res. 5, Jan. 6, 1999, p. 47). Former clause 2 of rule XVIII was adopted in 1880 (V, 5647). |
| Sec. 834. Chair's duty. | (b)(1) It shall be the duty of the chair of each committee to report or cause to be reported promptly to the House a measure or matter approved by the committee and to take or cause to be taken steps necessary to bring the measure or matter to a vote. |
| Sec. 835. Filing by majority of committee. | (2) In any event, the report of a committee on a measure that has been approved by the committee shall be filed within seven calendar days (exclusive of days on which the House is not in session) after the day on which a written request for the filing of the report, signed by a majority of the members of the committee, has been filed with the clerk of the committee. The clerk of the committee shall immediately notify the chair of the filing of such a request. This subparagraph does not apply to a report of the Committee on Rules with respect to a rule, joint rule, or order of business of the House, or to the reporting of a resolution of inquiry addressed to the head of an executive department. |
| Sec. 836. Filing with minority views. | (c) All supplemental, minority, or additional views filed under clause 2(l) of rule XI by one or more members of a committee shall be included in, and shall be a part of, the report filed by the committee with respect to a measure or matter. When time guaranteed by clause 2(l) of rule XI has expired (or, if sooner, when all separate views have been received), the committee may arrange to file its report with the Clerk not later than one hour after the expiration of such time. This clause and provisions of clause 2(l) of rule XI do not preclude the immediate filing or printing of a committee report in the absence of a timely request for the opportunity to file supplemental, minority, or additional views as provided in clause 2(l) of rule XI. |
| 837. Single volume. | 3. (a)(1) Except as provided in subparagraph (2), the report of a committee on a measure or matter shall be printed in a single volume that-- |
| Sec. 838. Technical error. | (2) A committee may file a supplemental report for the correction of a technical error in its previous report on a measure or matter. A supplemental report only correcting errors in the depiction of record votes under paragraph (b) may be filed under this subparagraph and shall not be subject to the requirement in clause 4 or clause 6 concerning the availability of reports. |
| Sec. 839. Vote on reporting. | (b) With respect to each record vote on a motion to report a measure or matter of a public nature, and on any amendment offered to the measure or matter, the total number of votes cast for and against, and the names of members voting for and against, shall be included in the committee report. The preceding sentence does not apply to a report by the Committee on Rules on a rule, joint rule, or the order of business or to votes taken in executive session by the Committee on Standards of Official Conduct. |
| Sec. 840. Content of reports. | (c) The report of a committee on a measure that has been approved by the committee shall include, separately set out and clearly identified, the following: |
| Sec. 841. Constitutional authority. | (d) Each report of a committee on a public bill or public joint resolution shall contain the following: |
| Sec. 842. Application of laws to legislative branch. | Under the Congressional Accountability Act of 1995, each report accompanying a bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations must describe the manner in which the provisions apply to the legislative branch or a statement of the reasons the provisions do not apply; and any Member may raise a point of order against the consideration of a bill or joint resolution not complying with this requirement, which may be waived in the House by majority vote (sec. 102(b)(3), P.L. 104-1; 109 Stat. 6). |
| Sec. 843. Unfunded mandates. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes several requirements on committees with respect to measures effecting ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c) and establishes points of order to permit separate votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra. |
| Sec. 844. Estimate of cost. | (2)(A) An estimate by the committee of the costs that would be incurred in carrying out the bill or joint reso |
| Sec. 845. Unfunded mandates. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658b-c) that imposes several requirements on the Director of the Congressional Budget Office and on committees of the House with respect to measures effecting ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c) and establishes points of order to permit separate votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra, and Sec. 843, supra. |
| Sec. 846. ``Ramseyer Rule.'' | (e)(1) Whenever a committee reports a bill or joint resolution proposing to repeal or amend a statute or part thereof, it shall include in its report or in an accompanying document-- |
| Sec. 847. Content of reports on appropriation bills. | (f)(1) A report of the Committee on Appropriations on a general appropriation bill shall include-- |
| Sec. 848. Comparative print. | (g) Whenever the Committee on Rules reports a resolution proposing to repeal or amend a standing rule of the House, it shall include in its report or in an accompanying document-- |
| Sec. 849. Tax complexity analysis. | (h)(1) It shall not be in order to consider a bill or joint resolution reported by the Committee on Ways and Means that proposes to amend the Internal Revenue Code of 1986 unless-- |
| 850. Threeday layover. | 4. (a)(1) Except as specified in subparagraph (2), it shall not be in order to consider in the House a measure or matter reported by a committee until the third |
| Sec. 851. Oneday layover. | A committee expense resolution reported by the Committee on House Administration pursuant to clause 5 of rule XIII need only be available for one day. However, other resolutions reported from that committee that are privileged (such as a resolution authorizing the printing of material as a House document), but that do not constitute questions of the privileges of the House, are subject to this clause (Speaker Albert, Mar. 6, 1975, p. 5537). |
| Sec. 852. Printed hearings on appropriation bills. | (c) A general appropriation bill reported by the Committee on Appropriations may not be considered in the House until the third calendar day (excluding Saturdays, Sundays, and legal holidays except when the House is in session on such a day) on which printed hearings of the Committee on Appropriations thereon have been available to Members, Delegates, and the Resident Commissioner. |
| 853. Privileged reports. | 5. (a) The following committees shall have leave to report at any time on the following matters, respectively: |
| Sec. 854. Privileged reports defined. | The matters reported under the provisions of this clause are denominated ``privileged reports'' or ``privileged questions,'' and because the privilege relates merely to the order of business under the rules, they must be distinguished from |
| Sec. 855. The privilege of individual committees for reports. | The privilege given by this clause to the Committee on Rules is confined to ``action touching rules, joint rules, and order of business'' and this committee may not report as privileged a concurrent resolution providing for a Senate investigating committee (VIII, 2255), or provide for the appointment of a clerk (VIII, 2256); but the privilege has been held to include the right to report special orders for the consideration of individual bills or classes of bills (V, 6774), or the consideration of a specified amendment to a bill and prescribing a mode of considering such amendment (VIII, 2258). A special rule providing for the consideration of a bill is not invalidated by the fact that at the time the rule was reported, the bill was not on the calendar (VIII, 2259; Speaker McCormack, Aug. 19, 1964, p. 20212). The authority to report special orders of business includes authority to recommend consideration of measures and amendments thereto the subject of which might be separately pending before a standing committee (Apr. 15, 1986, p. 7531); to make in order the consideration of the text of an introduced bill as original text in a reported bill (Oct. 9, 1986, p. 29973); to permit consideration of a previously unnumbered and unsponsored measure that comes into existence by virtue of adoption by the House of the special order (Speaker O'Neill, Apr. 16, 1986, p. 7610); to recommend a ``hereby'' resolution, for example, that a concurrent resolution correcting the enrollment of a bill be considered as adopted by the House upon the adoption of the special order (Speaker Wright, May 4, 1988, p. 9865), or that a Senate amendment pending at the Speaker's table and otherwise requiring consideration in Committee of the Whole under clause 3 of rule XXII (formerly clause 1 of rule XX) be ``hereby'' considered as adopted upon adoption of the special order (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993, p. 2500); to provide that an amendment containing an appropriation in violation of clause 4 of rule XXI (formerly clause 5(a)) be considered as adopted in the House when the reported bill is under consideration (Feb. 24, 1993, p. 3542); to provide that an amendment containing an appropriation in violation of clause 2 of rule XXI be considered as adopted in the House |
| Sec. 856. Privileged motion for consideration of revenue and appropriation bills. | As early as 1835 the necessity of giving appropriation bills precedence became apparent, and in 1837 former clause 9 of rule XVI was adopted to establish that principle, but was deleted in recodification as redundant to this rule. Former clause 4(a) of rule XI was amended by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) to eliminate the authority of the Committee on Ways and Means to report as privileged bills raising revenue, and former clause 9 of rule XVI was amended in the 104th Congress (H. Res. 254, Nov. 30, 1995, p. 35077) to delete as obsolete the reference to bills raising revenue (see Sec. 853, supra). However, the privilege to call up general appropriation bills in both rules was retained. When both types of reports were privileged under the rule before the 94th Congress, motions to consider revenue bills and appropriation bills were of equal privilege (IV, 3075, 3076). |
| 857. Reports from Committee on Rules. | 6. (a) A report by the Committee on Rules on a rule, joint rule, or the order of business may not be called up for consideration on the same day it is presented to the House except-- |
| Sec. 858. Dilatory motions not permitted. | In the later practice it has been held that the question of consideration may not be raised against a report from the Committee on Rules (V, 4961-4963; VIII, 2440, 2441). The clause forbidding dilatory motions has been construed strictly (V, 5740-5742), and in the later practice the following have been excluded: (1) the motion to commit after the ordering of the previous question (V, 5593-5601; VIII, 2270, 2750; Feb. 22, 1984, p. 2965); (2) an appeal from the Chair's decision not to entertain the question of consideration or a motion to lay the pending resolution on the table (V, 5739); and (3) the motion to postpone to a day certain (Oct. 9, 1986, p. 29972). A motion to reconsider the vote on ordering the previous question has been held not dilatory (V, 5739). Before debate has begun on a report from the Committee on Rules, a question of the privileges of the House takes precedence (VIII, 3491; Mar. 11, 1987, p. 5403). In the event that the previous question is rejected on a privileged resolution from the Committee on Rules, the provisions of clause 6(b) prohibiting ``dilatory'' motions no longer strictly apply; the resolution is subject to proper amendment, further debate, or a motion to table or refer, and the Member who led the opposition to the previous question is accorded priority in recognition (Oct. 19, 1966, pp. 27713, 27725-29; May 29, 1980, pp. 12667-78), subject to being preempted by a preferential motion offered by another Member (Aug. 13, 1982, pp. 20969, 20975-78). The member of the Committee on Rules calling up a privileged resolution on behalf of the committee may offer an amendment thereto without specific authorization from the committee (Sept. 25, 1990, p. 25575). A motion to table such a pending amendment is dilatory and not in order under this provision, but the motion to reconsider the vote |
| Sec. 859. Restrictions on authority of Committee on Rules. | From 1934 until the amendment to this provision in the 104th Congress (sec. 210, H. Res. 6, Jan. 4, 1995, p. 468), it was consistently held that the Committee on Rules could recommend a special order that limited, but did not totally prohibit, a motion to recommit pending passage of a bill or joint resolution, as by precluding the motion from containing instructions relating to specified amendments (Speaker Rainey, Jan. 11, 1934, pp. 479-83 (sustained on appeal)); or by omitting to preserve the availability of amendatory instructions in the case that the bill is entirely rewritten by the adoption of a substitute made in order as original text (Speaker Foley, June 4, 1991, p. 13170; Speaker Foley, Nov. 25, 1991, p. 34460); or by expressly allowing only a simple (``straight'') motion to recommit (without instructions) (Oct. 16, 1990, p. 29657 (sustained by tabling of appeal); Feb. 26, 1992, p. 3441 (sustained by tabling of appeal); May 7, 1992, p. 10586 (sustained by tabling of appeal); June 16, 1992, p. 14973 (sustained by tabling of appeal); Nov. 21, 1993, p. 31544; Nov. 22, 1993, p. 31815). A special order providing for consideration of a bill under suspension of the rules does not prevent a motion to recommit from being made ``as provided in clause 4 of rule XVI,'' i.e., after the previous question is ordered on passage, a procedure not applicable to a motion to suspend the rules (VIII, 2267; Speaker Foley, June 21, 1990, p. 15229). See Deschler, ch. 21, Sec. 26.11; see generally Deschler, ch. 23, Sec. 25. |
| Sec. 860. Unfunded mandates. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that, effective on January 1, 1996, or 90 days after appropriations are made available to the Congressional Budget Office pursuant to the 1995 Act (whichever is earlier), imposes several requirements on committees with respect to ``Federal mandates'' (secs. 423, 424; 2 U.S.C. 658b, 658c), establishes points of order to permit separate votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the consideration of a rule or order waiving such points of order in the House (sec. 426(a); 2 U.S.C. 658e(a)). See Sec. 1127, infra. |
| Sec. 861. Filing reports. | (d) The Committee on Rules shall present to the House reports concerning rules, joint rules, and the order of business, within three legislative days of the time when they are ordered. If such a report is not considered immediately, it shall be referred to the calendar. If such a report on the calendar is not called up by the member of the committee who filed the report within seven legislative days, any member of the committee may call it up as a privileged question on the day after the calendar day on which the member announces to the House intention to do so. The Speaker shall recognize a member of the committee who rises for that purpose. |
| Sec. 862. Privileged motion. | (f) If the House has adopted a resolution making in order a motion to consider a bill or resolution, and such a motion has not been offered within seven calendar days thereafter, such a motion shall be privileged if offered by direction of all reporting committees having initial jurisdiction of the bill or resolution. |
| Sec. 863. Specifying waivers. | (g) Whenever the Committee on Rules reports a resolution providing for the consideration of a measure, it shall (to the maximum extent possible) specify in the resolution the object of any waiver of a point of order against the measure or against its consideration. |
| 864. Resolution of inquiry. | 7. A report on a resolution of inquiry addressed to the head of an executive department may be filed from the floor as privileged. If such a resolution is not reported to the House within 14 legislative days after its introduction, a motion to discharge a committee from its consideration shall be privileged. |
| Sec. 865. Forms of resolutions of inquiry and delivery thereof. | Resolutions of inquiry are usually simple rather than concurrent in form (III, 1875), and are never joint resolutions (III, 1860). A resolution authorizing a committee to request information has been treated as a resolution of inquiry (III, 1860). It has been considered proper to use the word ``request'' in asking for information from the President and ``direct'' in addressing the heads of departments (III, 1856, footnote, 1895). It is usual |
| Sec. 866. Privileged status of resolutions of inquiry. | The practice of the House gives to resolutions of inquiry a privileged status. Thus, they are privileged for report and consideration at any time after their reference to a committee (III, 1870; VI, 413, 414), but not before (III, 1857), and are in order for consideration only on motion directed to be made by the committee reporting the same (VI, 413; VIII, 2310). They are privileged for consideration on ``Suspension days'' (except on Calendar Wednesday (VII, 896-898)) and took precedence of the former Consent Calendar (VI, 409) before its abolishment in the 104th Congress (H. Res. 168, June 20, 1995, p. 16574). Only resolutions addressed to the President and the heads of the executive departments have the privilege (III, 1861-1864; VI, 406). To enjoy the privilege a resolution should call for facts rather than opinions (III, 1872, 1873; VI, 413, 418-432; July 7, 1971, pp. 23810-11), should not require investigations (III, 1872-1874; VI, 422, 427, 429, 432), and should not present a preamble (III, 1877, 1878; VI, 422, 427); but if a resolution on its face calls for facts, the Chair will not investigate the probability of the existence of the facts called for (VI, 422). However, a resolution inquiring for such facts as would inevitably require the statement of an opinion to answer such inquiry is not privileged (Speaker Longworth, Feb. 11, 1926, p. 3805). |
| Sec. 867. Discharge of a committee from a resolution of inquiry. | Committees are required to report resolutions of inquiry back to the House within a prescribed timeframe (formerly one week, now 14 legislative days) (VIII, 3368; Speaker Rayburn, Feb. 9, 1950, p. 1755) exclusive of the day of introduction and the day of discharge (III, 1858, 1859). If a committee refuses or neglects to report the resolution back, the House may reach the resolution only by a motion to discharge the committee (III, 1865). The ordinary motion to discharge a committee is not privileged (VIII, 2316); but the practice of the House has given privilege to the motion in cases of resolutions of inquiry (III, 1866- 1870). And this motion to discharge is privileged at the end of the time period, though |
| Sec. 868. Resolutions of inquiry as related to the Executive. | The President having failed to respond to a resolution of inquiry, the House respectfully reminded him of the fact (III, 1890). In 1796 the House declared that its constitutional requests of the Executive for information need not be accompanied by a statement of purposes (II, 1509). As to the kind of information that may be required, especially as to the papers that may be demanded, there has been much discussion (III, 1700, 1738, 1888, 1902, 1903; VI, 402, 435). There have been several conflicts with the Executive (II, 1534, 1561; III, 1884, 1885-1889, 1894) over demands for papers and information, especially when the resolutions have called for papers relating to foreign affairs (II, 1509-1513, 1518, 1519). |
| Sec. 869. The rule for the order of business in the House. | 1. The daily order of business (unless varied by the application of other rules and except for the disposition of matters of higher precedence) shall be as follows: First. Prayer by the Chaplain. l Second. Reading and approval of the Journal, unless postponed under clause 8 of rule XX. |
| Sec. 870. Privileged interruptions of the order of business in the House. | This rule does not, however, bind the House to a daily routine, because the system of making certain important subjects privileged (see clause 5 of rule XIII and rule XXII) permits the interruption of the order of business by matters that, in fact, often supplant it entirely for days at a time. In the 106th Congress the recodification acknowledged in the parenthetical of this clause that the prescribed daily order |
| Sec. 872. The interruption of the order of business by the request for unanimous consent. | When the House has no rule establishing an order of business, as at the beginning of a session before the adoption of rules, it is in order for any Member who is recognized by the Chair to offer a proposition relating to the order of business without asking consent of the House (IV, 3060). But after the adoption of the rule for the order of business, interruptions are confined to matters privileged to interrupt or to cases wherein the House gives unanimous consent for an interruption. A request for unanimous consent to consider a bill is in effect a request to suspend the order of business temporarily (IV, 3059). Therefore any Member, including the Chair, may object, or reserve the right to object and inquire, for example, about the reasons for the request, or demand the ``regular order'' (IV, 3058). Debate under a reservation of objection proceeds at the sufferance of the House and may not continue after a demand for the regular order (see, e.g., Speaker Foley, Nov. 14, 1991, p. 32128; Dec. 15, 1995, p. 37142). A Member objecting to a unanimous-consent request or demanding the regular order when another has reserved the right to object must stand to be observed by the Chair (Nov. 7, 1991, p. 30633; June 23, 1992, p. 15703). The Speaker, however, usually signifies objection by declining to put the request of the Member, thus saving the time of the House. The Speaker's guidelines for recognition for unanimous-consent requests for consideration of unreported measures are issued pursuant to clause 2 of rule XVII and are discussed in Sec. 956, infra. The request for unanimous consent began to be used about 1832 when the House first felt a pressure of business and the necessity of adhering to a fixed order (IV, 3155-3159). In 1909, by the adoption of former clause 4 of rule XIII, a Consent Calendar was established, which was abolished in the 104th Congress (H. Res. 168, June 20, 1995, p. 16574). For discussion of unanimous-consent requests and reservations of objections, see Sec. 956, infra. Unanimous consent for the immediate consideration of a measure in the House does not preclude a demand for a record vote when the Chair puts the question on final passage, because it merely permits consideration of a matter not otherwise privileged (Dec. 16, 1987, p. 35816). |
| Sec. 873. Disposal of business on the Speaker's table. | 2. Business on the Speaker's table shall be disposed of as follows: |
| Sec. 874. Matters on Speaker's table for action by the House or by the Speaker alone. | Such portions of messages from the Senate as require action by the House, all messages from the President except those transmitting objections to bills (IV, 3534-3536), and all communications and reports from the heads of departments go to the Speaker's table when received, to be disposed of under this rule. Simple resolutions of the Senate that do not require any action by the House are not referred (VII, 1048). All of the President's messages are referred. Such portions of Senate messages (House bills with Senate amendments) that do not require consideration in Committee of the Whole may be laid before the House for action. Communications from the President, other than messages; all portions of Senate messages requiring consideration in Committee of the Whole (IV, 3101); and Senate bills of all kinds (with the exception noted in the rule) may be referred to the appropriate standing committees under direction of the Speaker without action by the House (IV, 3107, 3111; VI, 727). Under clause 2 of former rule XXIV (current rule XIV), the Speaker may temporarily retain custody of an executive communication addressed to the Speaker (or may pursuant to former clause 1 of rule IV (current clause 3(a) of rule II) order the Sergeant-at-Arms to assume custody) pending House disposition of a special order reported from the Committee on Rules relating to a referral of the communication to committee (Sept. 9, 1998, p. 19769). |
| Sec. 875. Reference of President's messages from the Speaker's table. | A message of the President on the Speaker's table is regularly laid before the House only at the time prescribed by the order of business (V, 6635-6638). Although it is always read in full and entered on the Journal and the Congressional Record (V, 6963), the accompanying documents are not read on demand of a Member or entered in the Journal or Record (V, 5267-5271; VII, 1108). The annual message of the President is usually referred to the Committee of the Whole House on the state of the Union by the House on motion (V, 6631). In the earlier practice it was distributed to appropriate standing committees by resolutions reported from the Committee on Ways and Means (V, 6621, 6622) but since the first session of the 64th Congress the practice has been discontinued (VIII, 3350). A portion of the annual message has been referred directly to a select committee (V, 6628). A message other than an annual message is usually referred directly to a standing committee by direction of the Speaker (IV, 4053; VIII, 3346), but may be referred by the House itself on motion by a Member (V, 6631; VIII, 3348), and such motion is privileged (VIII, 3348). This reference may be to a select as well as to a standing committee (V, 6633, 6634). |
| Sec. 876. Unfinished business. | 3. Consideration of unfinished business in which the House may have been engaged at an adjournment, except business in the morning hour and proceedings postponed under clause 8 of rule XX, shall be resumed as soon as the business on the Speaker's table is finished, and at the same time each day thereafter until disposed of. The consideration of |
| Sec. 877. Construction of rule as to unfinished business. | This clause should be understood in light of clause 8 of rule XX, which permits the Chair to postpone record votes on certain questions to a designated time within two legislative days (see Sec. 1030, infra). The ``business in which the House may be engaged at an adjournment'' means, literally, business in the House, as distinguished from the Committee of the Whole; and it further means business in which the House is engaged in its general legislative time, as distinguished from the special periods set aside for classes of business, like the morning hour for calls of committee, Tuesdays for private bills, etc. In general, all business unfinished in the general legislative time goes over as unfinished business under the rule, but there are a few exceptions. Thus, a motion relating to the order of business does not recur as unfinished business on a succeeding day, even though the yeas and nays may have been ordered on it (IV, 3114). The question of consideration, also, when not disposed of at an adjournment, does not recur as unfinished business on a succeeding day (V, 4947, 4948), but may be again raised on a subsequent day when the matter is again called up as unfinished business (VIII, 2438). If the House adjourns during the consideration of a report from the Committee on Rules, further consideration of the report becomes the unfinished business on the following day, and debate resumes from the point where interrupted (Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 22719). 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 day (Oct. 1, 1997, p. 20922; Oct. 2, 1997, p. 20991). When the House adjourns while a motion to instruct 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 (Oct. 1, 1997, p. 20894). |
| Sec. 878. Effect of previous question. | When the House adjourns before voting on a proposition on which the previous question has been ordered, either directly or by the terms of a special order (IV, 3185), the matter comes up the next day as unfinished business (V, 5510-5517; VIII, 2691; Aug. 2, 1989, p. 18187). If several bills come over in this situation, they have precedence in the order in which the several mo |
| Sec. 879. Business unfinished in periods set apart for classes of business. | The rule excepts by its terms certain classes of business that are considered in periods set apart for classes of business, viz: l (a) Bills considered in the morning hour and on Calendar Wednesday for the call of committees. l (b) Bills in Committee of the Whole. |
| Sec. 880. The morning hour for the call of committees. | 4. After the unfinished business has been disposed of, the Speaker shall call each standing committee in regular order and then select committees. Each committee when named may call up for consideration a bill or resolution reported by it on a previous day and on the House Calendar. If the Speaker does not complete the call of the committees before the House passes to other business, the next call shall resume at the point it |
| Sec. 881. Procedure in the morning hour. | Originally the morning hour was a fixed period of 60 minutes (IV, 3118); but under the present rule it does not terminate until the call is exhausted or until the House adjourns (IV, 3119), unless the House on motion made at the end of 60 minutes votes to go into Committee of the Whole House on the state of the Union (clause 5 of rule XIV; IV, 3134), or unless other privileged matter intervenes (IV, 3131, 3132). Before the expiration of the 60 minutes the Speaker has declined to permit the call to be interrupted by a privileged report (IV, 3132) or by unanimous consent (IV, 3130). Where the business for which the call was interrupted is concluded, the call is resumed unless there be other interrupting business or the House adjourns (IV, 3133). A bill once brought up on the call continues before the House in that order of business until disposed of (IV, 3120), unless withdrawn by authority of the committee before action that puts it in possession of the House (IV, 3129); and may not be made a special order for a future day by a motion to postpone to a day certain (IV, 3164). In order to be called up in this order a bill must properly be on the House Calendar (IV, 3122- 3126), and a bill on the Union Calendar may not be brought up on call of committees under this clause (VI, 753). If the authority of the committee to call up a bill is disputed, the Chair does not consider it a duty to decide the question (IV, 3127) but may base the decision on statements from the chair and other members of the committee (IV, 3128). |
| Sec. 882. Interruption of the call of committees by motion to go into Committee of the Whole House on the state of the Union. | 5. After consideration of bills or resolutions under clause 4 for one hour, it shall be in order, pending consideration thereof, to entertain a motion that the House resolve into the Committee of the Whole House on the state of the Union or, when authorized by a committee, that the House resolve into the Committee of the Whole House on the state of the Union to consider a particular bill. Such a motion shall be subject to only one amendment designating another bill. If such a motion is decided in the negative, another such motion may not be considered until the matter that was pending when such motion was offered is disposed of. |
| Sec. 883. Conditions of the motion to go into Committee of the Whole at the end of one hour. | The phrase ``one hour'' has been interpreted to include a shorter time in the case that the call of committees shall have exhausted itself before the expiration of one hour (IV, 3135); but not otherwise (IV, 3141). After the House has been in Committee of the Whole under this order and has risen and reported, and the report has been acted on by the House, other motions to go into Committee to consider other bills are in order (IV, 3136). The motion to go into Committee generally may be made by the individual Member (IV, 3138), but when it is proposed to designate a particular bill the Member must have the authority of a committee (IV, 3138). The amendment to the motion to consider a particular bill must refer to a bill on the Union Calendar (IV, 3139). This order of business is used entirely for nonprivileged bills and is not used in the House for consideration of bills in Committee of the Whole House on the state of the Union if otherwise privileged under clause 5 of rule XIII. |
| 885. Motions to suspend the rules. | 1. (a) A rule may not be suspended except by a vote of two-thirds of the Members voting, a quorum being present. The Speaker may not entertain a motion that the House suspend the rules except on Mondays, Tuesdays, and Wednesdays and during the last six days of a session of Congress. |
| Sec. 886. Nature of the motion to suspend the rules. | Originally, when the House was operating under the older rules for the order of business, the motion was used to establish a special order of business for the consideration of a particular measure (IV, 3152, 3162; V, 6852). In 1890, the House adopted rules for the order of business that enabled the House on any day to consider public bills on its calendars. About the same time, the House perfected the process of establishing a special order of business by a majority vote through a report from the Committee on Rules (IV, 3169). As a result of these changes, the use of the motion to suspend gradually changed from one that established a special order of business to one that passes or adopts a measure (V, 6790, 6846, 6847). The latter motion suspends all rules inconsistent with its purposes, including a rule requiring that a recess be taken (V, 5752) or that a quorum be present when a bill is reported from committee (Sept. 22, 1992, p. 26932). |
| Sec. 886a. Consideration of the motion to suspend the rules. | The motion that the House ``suspend the rules and pass [or adopt]'' a measure is not subject to the demand for a division of the question, either as to the two branches of the motion or as to distinct substantive propositions in the subject of the motion (V, 6141-6143). The motion may not be amended (V, 5322, 5405, 6858; Deschler, ch. 21, Sec. 14.6; Apr. 11, 2000, p. 5206), and the power to withdraw and modify the motion rests with its proponent (May 10, 2006, p. _). The motion may not be postponed (V, 5322) or laid on the table (V, 5405). The motion to reconsider may not be applied to a negative vote on the motion (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p. 25797), although it may be applied to an affirmative vote (Sept. 28, 1996, p. 25796). The motion to refer may not be applied to the bill that it is proposed to pass under suspension of the rules (V, 6860). Pursuant to clause 1(b) of rule XV, the Speaker may entertain one motion to adjourn pending a motion to suspend the rules but may not entertain any other motion until the vote is taken on the motion to suspend the rules. |
| Sec. 887. Precedence of the motion to suspend the rules. | In the early practice, when the motion to suspend the rules was used to enable a matter to be taken up for consideration out of order, it was not admitted when a subject was already before the House (V, 5278, 6836, 6837, 6852, 6853). However, a motion to suspend the rules was in order to dispense with the reading of a pending measure (V, 5278). A bill taken up under this early practice might be amended by the House (V, 6842, 6856) or withdrawn by the mover, in which case another Member might not present it (V, 6854, 6855). |
| Sec. 888. Individual and committee motions to suspend the rules. | Authorization by a committee is not required for the Speaker to recognize for a motion to suspend the rules (VIII, 3410), including a motion to suspend the rules and pass a measure ``as amended'' (June 22, 1992, p. 15617). Before the 93d Congress, the rule gave to individuals preference on the first Monday of the month for making motions to suspend the rules, and preference on the third Mondays for committees to make the motion (V, 6790). If on a committee day an individual motion was made and seconded, it was then too late to make a point of order (V, 6809). In rare instances, |
| Sec. 889. The second of the motion to suspend the rules. | Before the 102d Congress, certain motions to suspend the rules were required to be seconded, if demanded, by a majority by tellers, but this requirement was eliminated from the rule (H. Res. 5, Jan. 3, 1991, p. 39). The requirement for a second was adopted in 1874, was rescinded two years later, but was again adopted in 1880. The object of it was to prevent consumption of the time of the House by forcing consideration of undesirable propositions (V, 6797). The requirement (formerly clause 2 of rule XXVII) was amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) so that a second was not required where printed copies of the proposed measure were available. The constitutional right of a Member to demand the yeas and nays, or the right of a Member under clause 1(b) of rule XX to demand a recorded vote, did not exist on the question of ordering a second under the former clause 2 of rule XXVII, which only permitted the ordering of a second by tellers if a quorum was present (V, 6032-6036; VIII, 3109; Dec. 16, 1981, p. 31851). The fact that a majority of the Members of the House did not pass between the tellers on the question of ordering a second did not conclusively show that a quorum was not present in the Chamber, and the Speaker could count the House to determine whether a quorum was actually present (Dec. 16, 1981, p. 31851). However, where a quorum failed on the vote for a second, under clause 6 of rule XX the yeas and nays were ordered (IV, 3053-3055; Dec. 21, 1973, pp. 43251-63). |
| Sec. 889a. 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 (V, 6840, 6844; VIII, 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. 890. Dilatory motions pending motions to suspend rules. | (b) Pending a motion that the House suspend the rules, the Speaker may entertain one motion that the House adjourn but may not entertain any other motion until the vote is taken on the suspension. |
| Sec. 891. The 40 minutes of debate on motion to suspend the rules. | (c) A motion that the House suspend the rules is debatable for 40 minutes, one-half in favor of the motion and one-half in opposition thereto. |
| 892. Motion to discharge a committee. | 2. (a) Motions to discharge committees shall be in order on the second and fourth Mondays of a month. |
| 893. Adverse report by Rules Committee. | 3. An adverse report by the Committee on Rules on a resolution proposing a special order of business for the consideration of a public bill or public joint resolution may be called up under clause 6(e) of rule XIII as a privileged question by a Member, Delegate, or Resident Commissioner on a day when it is in order to consider a motion to discharge committees under clause 2. |
| 894. District of Columbia. | 4. The second and fourth Mondays of a month shall be set apart for the consideration of such District of Columbia business as may be called up by the Committee on Oversight and Government Reform after the disposition of motions to discharge committees and after the disposal of such business on the Speaker's table as requires reference only. |
| 895. Interruption of the regular order on Tuesdays for consideration of the Private Calendar. | 5. (a) On the first Tuesday of a month, the Speaker shall direct the Clerk to call the bills and resolutions on the Private Calendar after disposal of such business on the Speaker's table as requires reference only. If two or more Members, Delegates, or the Resident Commissioner object to the consideration of a bill or resolution so called, it shall be recommitted to the committee that reported it. No other business shall be in order before completion of the call of the Private Calendar on this day unless two-thirds of the Members voting, a quorum being present, agree to a motion that the House dispense with the call. |
| Sec. 896. Tuesday as a day for private business. | This provision (formerly clause 6 of rule XXIV) was adopted in the 62d Congress in lieu of special orders under which pension and private business formerly had been considered. The rule was amended on April 23, 1932 (VII, 846) and was adopted in its present form on March 27, 1935 (pp. 4480-89, 4538). When the House recodified its rules in the 106th Congress, this provision was transferred from former clause 6 of rule XXIV and the archaic reference to the ``Calendar of the Committee of the Whole House'' was changed to the ``Private Calendar'' (H. Res. 5, Jan. 6, 1999, p. 47). |
| Sec. 897. Methods of considering omnibus bills. | During the consideration of omnibus bills the Chair declines to recognize Members for unanimous-consent requests to address the House (May 7, 1935, p. 7100); motions to strike the last word are not in order, and requests for extension of time under the five-minute rule are not entertained (Speaker Byrns, Mar. 17, 1936, pp. 3890, 3894). |
| Sec. 898. Former Corrections Calendar. | In the 109th Congress the Corrections Calendar (formerly clause 6 of rule XV) was abolished (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. _). The Corrections Calendar was established in the 104th Congress as a replacement for the Consent Calendar (H. Res. 168, June 20, 1995, p. 16574). Later in the 104th Congress several technical changes were effected to admit amendments by a designee of the chair of the primary committee (H. Res. 254, Nov. 30, 1995, p. 14974). In the 105th Congress it was amended to permit bills to be called from the Calendar at any time on a ``corrections day'' and in any order (H. Res. 5, Jan. 7, 1997, p. 121). In the 107th Congress it was amended to delete the requirement that a bill be on the Corrections Calendar for three days |
| Sec. 899. Former Consent Calendar. | Former clause 4 of rule XIII, providing for the former Consent Calendar, was adopted March 15, 1909, amended January 18, 1924; December 7, 1925; December 8, 1931; and April 23, 1932 (VII, 972). Bills must have been on the printed calendar three legislative days in order to be eligible for consideration (VII, 992, 994). When a House bill was on the Consent Calendar, by unanimous consent the House committee could have been discharged from the consideration of a Senate bill on the same subject, and the Senate bill considered in lieu of the House bill (VII, 1004). The status of bills on the Consent Calendar was not affected by their prior placement on another calendar and such bills could have been called up for consideration from the Consent Calendar while pending as unfinished business in the House or Committee of the Whole (VII, 1006). |
| 900. Calendar Wednesday business. | 6. (a) On Wednesday of each week, business shall not be in order before completion of the call of those committees (except as provided by clause 4 of rule XIV) whose chair, or other member authorized by the |
| Sec. 901. Decisions on Calendar Wednesday. | The rule applies to unprivileged bills only, and when a bill otherwise unprivileged is given a privileged status by unanimous consent or by rule it is automatically rendered ineligible for consideration on Calendar Wednesday (VII, 932-935). The rule does not apply to amendments between the Houses, unreported bills, or Senate bills being held at the Speaker's desk (Mar. 12, 2008, p. _). House Calendar bills have no preference over Union Calendar bills (VII, 938). |
| 902. Motions reduced to writing and entered on the Journal. | 1. Every motion entertained by the Speaker shall be reduced to writing on the demand of a Member, Delegate, or Resident Commissioner and, unless it is withdrawn the same day, shall be entered on the Journal with the name of the Member, Delegate, or Resident Commissioner offering it. A dilatory motion may not be entertained by the Speaker. |
| Sec. 903. Dilatory motions. | The Speaker has declined to entertain debate or appeal on a question as to the dilatoriness of a motion, because doing so would nullify the rule (V, 5731); but has recognized that the authority conferred by the rule should not be exercised until the object of the dilatory motion ``becomes apparent to the House'' (V, 5713, 5714). For example, the Chair has held that a virtually consecutive invocation of former rule XXX (current clause 6 of rule XVII), resulting in a second pair of votes on use of a chart and on reconsideration thereof, was not dilatory under this provision (or former clause 4(b) of rule XI (current clause 6(b) of rule XIII)) (July 31, 1996, p. 20700). Usually, but not always, the Speaker awaits a point of order from the floor before acting (V, 5715-5722). The rule has been applied to the motions to adjourn (V, 5721, 5731-5733; VIII, 2796, 2813), to reconsider (V, 5735; VIII, 2797, 2815, 2822), to fix the time of five-minute debate in Committee of the Whole (V, 5734; VIII, 2817), to lay on the table (VIII, 2816), and to the question of consideration (V, 5731-5733). The point of no quorum also has been ruled out (V, 5724- 5730; VIII, 2801, 2808), and former clause 6 of rule XV (current clause 7 of rule XX) as adopted in the 93d Congress and as amended in the 95th Congress prevents the making of a point of no quorum under certain circumstances. A demand for tellers has been held dilatory (V, 5735, 5736; VIII, 2436, 2818-2821), but the constitutional right of the Member to demand the yeas and nays may not be overruled (V, 5737; VIII, 3107). For a ruling by Speaker Gillett construing dilatory motions, see VIII, 2804. For discussion of dilatory motions pending consideration of a report from the Committee on Rules, see Sec. Sec. 857-858, supra. |
| 904. Stating and withdrawing of motions. | 2. When a motion is entertained, the Speaker shall state it or cause it to be read aloud by the Clerk before it is debated. The motion then shall be in the possession of the House but may be withdrawn at any time before a decision or amendment thereon. |
| Sec. 905. Conditions of withdrawal of motions. | A motion may be withdrawn at any time before a decision thereon, including a motion to instruct conferees (Oct. 31, 2000, p. 25737) and a contempt resolution (Oct. 27, 2000, p. 25200). Unanimous consent is not required to withdraw a pending unanimous-consent request (Dec. 16, 1985, p. 36575). |
| 906. The question of consideration. | 3. When a motion or proposition is entertained, the question, ``Will the House now consider it?'' may not be put unless demanded by a Member, Delegate, or Resident Commissioner. |
| Sec. 907. Raising the question of consideration. | A Member may demand the question of consideration, although the Member in charge of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but after debate has begun the demand may not be made (V, 4937-4939). It has been admitted, however, after the offering of a motion to lay on the table but before its disposition (V, 4943). The demand for the question of consideration may not be prevented by a motion for the previous question (V, 5478), but after the previous question is ordered it may not be demanded (V, 4965, 4966), even on another day, unless other business has intervened (V, 4967, 4968). The question of consideration pending, a motion to refer is not in order (V, 5554). |
| Sec. 908. Questions subject to the question of consideration. | The question of consideration may be demanded against a matter of the highest privilege, such as the right of a Member to a seat (V, 4941), a question involving the privilege of the House (VI, 560), against the motion to reconsider (VIII, 2437), but not against a bill returned with the President's objection (V, 4960, 4970). It may not be raised against a proposition before the House merely for reference, as a petition (V, 4964). It may not be demanded against a class of business in order under a special order or rule, but may be demanded against each bill individually (IV, 3308, 3309; V, 4958, 4959). It may be raised against a bill the consideration of which has been provided by a special order of business (IV, 3175; V, 4953-4957; June 22, 2006, p. _; Jan. 24, 2007, p. _; Jan. 31, 2007, p. _), unless the order provides for immediate consideration (V, 4960) or provides for the Speaker's declaration that the House resolve into the Committee of the Whole under clause 2 of rule XVIII. The question may be raised against a bill on the Union Calendar on Calendar Wednesday before resolving into the Committee of the Whole even |
| Sec. 909. Relation of question of consideration to points of order. | A point of order against consideration of a bill should be made and decided before the question of consideration is put (V, 4950, 4951; VII, 2439), but if the point relates merely to the manner of considering, it should be passed on afterwards (V, 4950). In general, after the House has decided to consider, a point of order raised with the object of preventing consideration, in whole or part, comes too late (IV, 4598; V, 4952, 6912-6914), but on a conference report the question of consideration may be demanded before points of order are raised against the substance of the report (VIII, 2439; Speaker Albert, Sept. 28, 1976, p. 33019). |
| Sec. 910. Unfunded mandates; congressional earmarks. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes several requirements on committees with respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c), establishes points of order to permit votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the question of consideration of a rule or order waiving such points of order in the House (sec. 426(a); 2 U.S.C. 658e(a)). The latter provision also prescribes that such points of order be disposed of by the question of consideration with respect to the proposition against which they are lodged (after 20 minutes of debate) (sec. 426(b); 2 U.S.C. 658e(b)). See Sec. 1127, infra. |
| 911. Precedence of privileged motions. | 4. (a) When a question is under debate, only the following motions may be entertained (which shall have precedence in the following order): |
| Sec. 912. The motion to adjourn. | The motion to adjourn not only has the highest precedence when a question is under debate, but, with certain restrictions, it has the highest privilege under all other conditions. Even the following yield to it: (1) a question of privilege (III, 2521), including a resolution considered to be a ``question of high constitutional privilege'' such as one declaring the office of Speaker vacant and to direct the House to proceed at once to the election of a new Speaker (VIII, 2641); (2) the filing of a privileged report pursuant to former clause 4(a) of rule XI (current clause 5 of rule XIII) (Apr. 29, 1985, p. 9699); (3) a motion to suspend the rules (Aug. 11, 1992, p. 23086); (4) a motion to reconsider (V, 5605; see also clause 3 of rule XIX); (5) in the absence of a quorum, the motion for a call of the House (VIII, 2642); (6) a motion to dispense with further proceedings under the call (VIII, 2643); (7) a motion directing the Sergeant-at-Arms to arrest absentees during a call of the House (June 6, 1973, p. 18403). A conference report may defer it only until the report is before the House (V, 6451-6453). |
| Sec. 913. Motion to fix the day to which the House shall adjourn and motion to authorize the Speaker to declare a recess. | The motion to fix the day and time to which the House shall adjourn, in its present form, was included in this clause and given privileged status in the 93d Congress (H. Res. 6, Jan. 3, 1973, p. 26). At several times during the 19th Century, the motion to fix the day to which the House should adjourn was included within the rule as to the precedence of motions but was dropped because of its use in obstructive tactics (V, 5301, 5379). The following precedent relates to the use of the motion in its earlier form: No question being under debate, a motion to fix the day to which the House should adjourn, already made, was held not to give way to a motion to adjourn (V, 5381). But if the motion to adjourn be made first, the motion to fix the day or for a recess is not entertained (V, 5302). The motion to fix the day is not debatable (V, 5379, 5380; VIII, 2648, 3367), requires a quorum for adoption (IV, 2954; June 19, 1975, p. 19789; June 22, 1976, p. 19755), and is only in order if offered on the day on which the adjournment applies (Sept. 23, 1976, p. 32104). The House may convene and adjourn twice on the same calendar day pursuant to a motion under this clause that when the House adjourn it adjourn to a time certain later in the day, thereby meeting for two legisla |
| Sec. 914. Motion to lay on the table. | The motion to lay on the table is used in the House for a final, adverse disposition of a matter without debate (V, 5389), and is in order before the Member entitled to prior recognition for debate has begun remarks (V, 5391- 5395; VIII, 2649, 2650). Under the explicit terms of this clause, the motion is not debatable (Oct. 17, 1991, p. 26749). The motion is applicable to a motion to reconsider (VIII, 2652, 2659), a motion to postpone to a day certain (VIII, 2654, 2657), a resolution presenting a question of privilege (VI, 560), a privileged resolution offered at the direction of a party caucus electing Members to committees (Feb. 5, 1997, p. 1541), an appeal from a decision of the Chair (VIII, 3453; June 22, 2006, p. _), a motion to discharge a committee from a resolution of inquiry (VI, 415), a proposal to investigate with a view to impeachment (VI, 541), a concurrent resolution to adjourn sine die (Mar. 27, 1936, p. 4512), and a resolution to expel a Member (Oct. 1, 1976, p. 35111). But a question of privilege (affecting the right of a Member to a seat) that has been laid on the table may be taken therefrom on motion made and agreed to by the House (V, 5438). The motion to lay on the table has the precedence given it by the rule, but may not be made after the previous question is ordered (V, 5415-5422; VIII, 2655), or even after the yeas and nays have been ordered on the demand for the previous question (V, 5408, 5409); but pending the demand for the previous question on a motion that is under debate, the motion to lay the primary motion on the table is preferential and is voted on first (Speaker Albert, Sept. 22, 1976, pp. 31876-82; Speaker O'Neill, July 10, 1985, pp. 18397-18400). The previous question having been ordered on a bill to final passage, the motion to lay the bill on the table may not then be offered pending a motion to reconsider the vote whereby the bill had been passed or rejected (Sept. 20, 1979, p. 25512). |
| Sec. 914a. The motion for the previous question. | The precedents relating to the motion for the previous question are annotated in Sec. Sec. 994-1000. |
| Sec. 915. The motions to postpone. | As indicated in the rule, the motions to postpone are two in number and distinct. The first one is to postpone to a day certain, and the second one is to postpone indefinitely. Each must apply to the whole and not a part of the pending proposition (V, 5306). Neither may be entertained after the previous question is ordered (V, 5319-5321; VIII, 2616, 2617), or be applied to a special order providing for the consideration of a class of bills (V, 4958); but when a bill comes before the House under the terms of a special order that assigns a day merely, a motion to postpone may be applied to the bill (IV, 3177-3182). Business postponed to a day certain is in order on that day immediately after the approval of the Journal and disposition of business on the Speaker's table, unless displaced by more highly privileged business (VIII, 2614). If consideration of a measure postponed to a day certain resumes as unfinished business in the House, recognition for debate does not begin anew but recommences from the point where it was interrupted (June 10, 1980, p. 13801). It is not in order to move to postpone pending business to Calendar Wednesday (VIII, 2614), but if so postponed by consent, when consideration is concluded on that Wednesday, proceedings under the Calendar Wednesday rule are in order (VII, 970). The motion is not available in Committee of the Whole (July 14, 1998, p. 15305), but a motion that a bill be reported with the recommendation that it be postponed is in order in the Committee of the Whole proceeding under the general rules of the House (IV, 4765; VIII, 2372), is debatable (VIII, 2372), and is a preferential motion (VIII, 2372, 2615), but debate is confined to the advisability of postponement only (VIII, 2372). It has been held in order to postpone an appeal (VIII, 2613). A bill under consideration in the morning hour may not be made a special order by a motion to postpone to a day certain (IV, 3164). |
| Sec. 916. The motions to refer. | The parliamentary motion to refer is explicitly recognized and given status in four different situations under House rules: the ordinary motion provided for in this clause; the motion to recommit (or commit, as the case may be), with or without instructions, pending the motion for or after ordering of the previous question as provided in clause 2(a) of rule XIX (V, 5569); the motion to recommit (or commit, as the case may be), with or without instructions, after the previous question has been ordered on a bill or joint resolution to final passage, provided in clause 2(b) of rule XIX; and the motion to refer, with or without instructions, pending a vote in the House to strike the enacting clause as provided in clause 9 of rule XVIII. The terms ``refer,'' ``commit,'' and ``recommit'' are sometimes used interchangeably (V, 5521; VIII, 2736), but when used in the precise manner and situation contemplated in each rule reflect certain differences based upon whether the question to which applied is ``under debate,'' whether the motion itself is debatable, whether a minority Member or a Member opposed to the question to which the motion is applied is entitled to a priority of recognition, and whether the prohibition against a special order reported from the Committee on Rules denying a motion to recommit a bill or joint resolution pending final passage is applicable. For a discussion of the motion to recommit, see the annotations under clause 2 of rule XIX. The motion may not be used in direct form in Committee of the Whole (IV, 4721; VIII, 2326); and if a bill is being considered under the provisions of a resolution stating that ``at the conclusion of the consideration of the bill for amendment under the five-minute rule the Committee shall rise and report the bill back to the House with such amendments as may have been adopted,'' a motion that the Committee rise and report to the House with the recommendation that the bill be recommitted to the legislative committee reporting it is not in order (Aug. 10, 1950, p. 12219). It may be made after the engrossment and third reading of a bill, even though the previous question may not have been ordered (V, 5562, 5563). |
| Sec. 917. Instructions with the motion to refer. | The motion to refer may specify that the reference shall be to a select as well as a standing committee (IV, 4401) without regard for rules of jurisdiction (IV, 4375; V, 5527) and may provide for reference to another committee than that reporting the bill (VIII, 2696, 2736), or to the Committee of the Whole (V, 5552, 5553), and even that the committee be endowed with power to send for persons and papers (IV, 4402). Unless the previous question is ordered the motion may be amended (VIII, 2712, 2738) in part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by adding instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug. 13, 1982, pp. 20969, 20975-78). |
| Sec. 918. Repetition of motions. | The rule specifies that the motions to postpone and refer shall not be repeated on the same day at the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). Under the practice, a motion to adjourn may be repeated only after intervening business (V, 5373; VIII, 2814), debate (V, 5374), the ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on a question of order (V, 5378), or reception of a message (V, 5375). The motion to lay on the table may also be repeated after intervening business (V, 5398- 5400); but the ordering of the previous question (V, 5709), a call of the House (V, 5401), or decision of a question of order have been held not to be such intervening business, it being essential that the pending matter be carried to a new stage in order to permit a repetition of the motion (V, 5709). |
| 919. Division of the question. | 5. (a) Except as provided in paragraph (b), a question shall be divided on the demand of a Member, Delegate, or Resident Commissioner before the question is put if it includes propositions so distinct in substance that, one being taken away, a substantive proposition remains. |
| Sec. 920. Motion to strike and insert not divisible. | (c) A motion to strike and insert is not divisible, but rejection of a motion to strike does not preclude another motion to amend. |
| Sec. 921. Principles governing the division of the question. | The principle that there must be at least two substantive propositions in order to justify division is insisted on rigidly (V, 6108-6113), because failure to do so produces difficulties (III, 1725). The question may not be divided after it has been put (V, 6162), or after the yeas and nays have been ordered (V, 6160, 6161); but division of the question may be demanded after the previous question is ordered (V, 5468, 6149; VIII, 3173). In passing on a demand for division the Chair considers only substantive propositions and not the merits of the question presented (V, 6122). It seems to be most proper, also, that the division should depend on grammatical structure rather than on the legislative propositions involved (I, 394; V, 6119), but a question presenting two propositions grammatically is not divisible if either does not constitute a substantive proposition when considered alone (VII, 3165). Thus a resolution censuring a Member and adopting a report of a committee thereon, which recommends censure on the basis of the committee's findings, is not divisible because those questions are substantially equivalent (Speaker O'Neill, Oct. 13, 1978, p. 37016); and an adjournment resolution that also authorizes the receipt of veto messages from the President during the adjournment is not subject to a division of the question, because the receipt authority would be nonsensical standing alone (June 30, 1976, p. 21702). However, a concurrent resolution on the budget is subject to a demand for a division of the question if, for example, the resolution grammatically and substantively relates to different fiscal years (May 7, 1980, pp. 10185-87), or includes a separate, hortatory section having its own grammatical and substantive meaning (Speaker Foley, Mar. 5, 1992, p. 4657). |
| 922. Amendments to text and to title. | 6. When an amendable proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it also shall be in order to offer a further amendment by way of substitute for the original motion to amend, to which one amendment may be offered but which may not be voted on until the original amendment is perfected. An amendment may be withdrawn in the House at any time before a decision or amendment thereon. An amendment to the title of a bill or resolution shall not be in order until after its passage or adoption and shall be decided without debate. |
| Sec. 923. Conditions of the motion to amend. | It is not in order to offer more than one motion to amend of the same nature at a time (V, 5755; VIII, 2831), but the four motions specified by the rule may be pending at the same time (V, 5793; VIII, 2883, 2887). Where, pursuant to a special rule, a committee amendment in the nature of a substitute is being read as original text for purpose of amendment, there may be pending to that text the four stages of amendment permitted by this rule (Apr. 23, 1969, p. 10066). When a request for a recorded vote in the Committee of the Whole is postponed under authority of a special order of the House (such authority now found in clause 6(g) of rule XVIII), the amendment becomes unfinished business and is no longer pending, thereby permitting the offering of another amendment (May 10, 2000, p. 7513). An amendment |
| Sec. 924. Relation of point of order to motion to amend. | Except as provided in clauses 4 and 5(a) of rule XXI, a point of order against an amendment is timely if made or reserved before formal recognition of the proponent to commence debate thereon (July 16, 1991, p. 18391; July 15, 1997, pp. 14492, 14493), but thereafter comes too late (V, 6894, 6898-6899) unless the Member was on his or her feet seeking recognition for that purpose at the time the amendment was offered (July 28, 1995, p. 20897; May 25, 2006, p. _). To preclude a point of order, debate should be on the merits of the proposition (V, 6901). The mere making of a unanimous-consent request to dispense with the reading of an amendment and to revise and extend remarks thereon is not such intervening business as would render a point of order untimely under this clause, if the Member making the point of order is on his or her feet seeking recognition (July 16, 1991, p. 18391; see Deschler- Brown, ch. 31, Sec. Sec. 6.39, 6.41). When enough of an amendment has been read to show that it is out of order, a point of order may be raised without waiting for the reading to be completed (V, 6886-6887; VIII, 2912, 3437), though the Chair may decline to rule until the entire proposition has been read (Dec. 14, 1973, pp. 41716-18). A timely reservation of a point of order by one Member inures to the benefit of any other Member who desires to raise a point of order (V, 6906; July 18, 1990, p. 17930). |
| Sec. 925. Withdrawal of the motion to amend. | Although the rule provides that either an ordinary or substitute amendment may be withdrawn in the House (V, 5753) or ``in the House as in Committee of the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn or modified in Committee of the Whole except by unanimous consent (clause 5 of rule XVIII; V, 5221; VIII, 2564, 2859). |
| Sec. 926. Precedence of the motion to amend. | Pursuant to clause 4 of rule XVI, the motion for the previous question takes precedence of a motion to amend (Nov. 8, 1971, p. 39944); and if the previous question is not ordered, the motion to refer also has precedence of the motion to amend (V, 5555; VI, 373). Amendments reported by a committee are acted on before those offered from the floor (V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a pending section is considered before a committee amendment adding a new section at the end of the pending section (Oct. 4, 1972, pp. 33779-82), and there is a question as to the extent to which the chair of the committee reporting a bill should be recognized preferentially to offer amendments to perfect it over other Members (II, 1450). Amendments may not be offered by proxy (VIII, 2830). The motion to strike the enacting clause has precedence of the motion to amend, and may be offered while an amendment is pending (V, 5328-5331; VIII, |
| Sec. 927. Relation of the motion to amend to other motions. | With some exceptions an amendment may attach itself to secondary or privileged motions (V, 5754). Thus, the motions to postpone, refer, amend, for a recess, and to fix the day to which the House shall adjourn may be amended (V, 5754; VIII, 2824). But the motions for the previous question, to lay on the table, to adjourn (V, 5754) and to go into Committee of the Whole to consider a privileged bill may not be amended (IV, 3078, 3079; VI, 723-725). |
| 928. Germane amendments. | 7. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. |
| Sec. 929. Proposition to which amendment must be germane. | Under the later practice an amendment should be germane to the particular paragraph or section to which it is offered (V, 5811-5820; VIII, 2922, 2936; Oct. 14, 1971, pp. 36194, 36211; Sept. 19, 1986, p. 24729), without reference to subject matter of other titles not yet read (July 31, 1990, p. 20816), and an amendment inserting an additional section should be germane to the portion of the bill to which it is offered (V, 5822; VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though it may be germane to more than one portion of a bill (Mar. 27, 1974, p. 8508), and when offered as a separate paragraph is not required to be germane to the paragraph immediately preceding or following it (VII, 1162; VIII, 2932-2935). |
| Sec. 930. Instructions to committees and amendments thereto. | The rule that amendments must be germane applies to amendments to the instructions in a motion to instruct conferees (VIII, 3230, 3235), and the test of germaneness of an amendment to a motion to instruct conferees, in addition to the measurement of scope of conference, is the relationship of the amendment to the subject matter of the House or Senate version of the bill (Deschler-Brown, ch. 28, Sec. 28.2). The rule of germaneness similarly applies to the instructions in a motion to recommit a bill to a committee of the House, because it is not in order to propose as part of a motion to recommit any proposition that would not have been germane if proposed as an amendment to the bill in the House (V, 5529-5541; VIII, 2708-2712; Mar. 2, 1967, p. 5155), and the instructions must be germane to the bill as perfected in the House (Nov. 19, 1993, p. 30513), even if the instructions do not propose a direct amendment to the bill but merely direct the committee to pursue an unrelated approach (Speaker O'Neill, Mar. 2, 1978, p. 5272; July 16, 1991, p. 18397) or direct the committee not to report the bill back to the House until an unrelated contingency occurs (VIII, 2704). Under the same rationale as amendments to a motion to instruct conferees, amendments to a motion to recommit to a standing committee with instructions must be germane to the subject matter of the bill (see V, 6888; VIII, 2711). |
| Sec. 931. Senate amendments and matter contained in conference reports. | In the consideration of Senate amendments to a House bill an amendment must be germane to the particular Senate amendment to which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506; Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to a Senate amendment is germane to the original House bill if it is not germane to the subject matter of a Senate amendment that merely inserts new matter and does not strike House provisions (V, 6188; VIII, 2936). But if 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, as well as those to be inserted, by the Senate amendment (June 8, 1943, p. 5511; June 15, 1943, p. 5899; Dec. 12, 1974, p. 39272). The test of the germaneness of an amendment to a motion to concur in a Senate amendment with an amendment is the relationship between the amendment and the motion, and not between the amendment and the Senate amendment to which the motion has been offered (Aug. 3, 1973, Deschler-Brown, ch. 28, Sec. 27.6). Formerly, a Senate amendment was not subject to the point of order that it was not germane to the House bill (VIII, 3425), but under changes in the rules points of order may be made and separate votes demanded on portions of Senate amendments and conference reports containing language that would not have been germane if offered in the House. Clause 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 (Oct. 15, 1986, p. 31498). For purposes of that rule, the House-passed version, against which Senate provisions are compared, is that finally committed to conference, taking into consideration all amendments adopted by the House, including House amendments to Senate amendments (July 28, 1983, p. 21401). Clause 10 of rule XXII permits points of order against motions to concur or concur with amendment in nongermane Senate amendments, the stage of disagreement having been reached, and, if such points of order are sustained, permits separate motions to reject such nongermane matter. Clause 10 of rule XXII is not applicable to a provision contained in a motion to recede and concur with an amendment (the stage of disagreement having been reached) 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 clause 7 of rule XVI (Oct. 4, 1978, pp. 33502-06; June 30, 1987, p. 18294). |
| Sec. 932. Subject matter as test of germaneness. | An amendment must relate to the subject matter under consideration. Thus, the following are not germane: to a bill seeking to eliminate wage discrimination based on the sex of the employee, an amendment to make the provisions of the bill applicable to discrimination based on race (July 25, 1962, p. 14778); to a bill establishing an office in the Department of the Interior to manage biological information, an amendment addressing socioeconomic matters (Oct. 26, 1993, p. 26082); to a bill authorizing military assistance to Israel and funds for the United Nations emergency force in the Middle East, an amendment expressing the sense of Congress that the President conduct negotiations to obtain a peace treaty in the Middle East and the resumption of diplomatic and trade relations between Arab nations and the United States and Israel (Dec. 11, 1973, p. 40842); to a concurrent resolution expressing congressional concern over certain domestic policies of a foreign government and urging that government to improve those internal problems in order to enhance better relations with the United States, amendments expressing the necessity for United States diplomatic initiatives as a consequence of that foreign government's policies (July 12, 1978, pp. 20500-05); to a resolution amending several clauses of a rule of the House but confined in its scope to the issue of access to committee hearings and meetings, an amendment to another clause of that rule relating to committee staffing (Mar. 7, 1973, p. 6714); to a title of a bill that only addresses the administrative structure of a new department and not its authority to carry out transferred programs, an amendment prohibiting the department from withholding funds to carry out certain objectives (June 12, 1979, p. 14485); to an amendment authorizing the use of funds for a specific study, an amendment naming any program established in the bill for an unrelated purpose for a specified Senator (Aug. 15, 1986, p. 22075); to one of two reconciliation bills reported by the Budget Committee, an amendment making a prospective indirect change to the other reconciliation bill not then pending before the House (June 25, 1997, p. 12488); to a joint resolution continuing appropriations for the current fiscal year, a motion to recommit with instructions to revise the reconciliation instructions in the concurrent resolution on the budget (Sept. 29, 2005, p. _); to a general appropriation bill, an amendment in the form of a limitation on funds therein for activities unrelated to the functions of departments and agencies addressed by the bill (July 10, 2000, p. 13605); to a bill reauthorizing the National Sea Grant College Program, a proposal to amend existing law to provide for automatic continuation of appropriations in the absence of timely enactment of a regular appropriation bill (June 18, 1997, p. 11333); to a bill regulating immigration, an amendment reaffirming an agreement with Japan (VIII, 3050); to a bill opposing concessional loans to a country and outlining principles governing the conduct of industrial cooperation projects of U.S. nationals in that country, an amendment waiving provisions of other law by requiring changes in tariff schedules to achieve overall trade reciprocity between that country |
| Sec. 933. Fundamental purpose as test of germaneness. | The fundamental purpose of an amendment must be germane to the fundamental purpose of the bill (VIII, 2911). The Chair discerns the fundamental purpose of a bill by examining the text of the bill and its report language (Deschler-Brown, ch. 28, Sec. 5.6; Aug. 3, 1999, p. 19213), rather than the motives that circumstances may suggest (V, 5783, 5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974, p. 28438). To a bill that comprehensively addresses a subject, an amendment that relates to that subject matter may not be ruled out as nongermane merely because the amendment may be characterized as private legislation benefitting certain individuals offered to a public bill (May 30, 1984, p. 14495). Similarly, to a bill proposing to accomplish a result by methods comprehensive in scope, an amendment in the nature of a substitute seeking to achieve the same result was held germane where it was shown that additional provisions not contained in the original bill were merely incidental conditions or exceptions that were related to the fundamental purpose of the bill (Aug. 2, 1973, pp. 27673-75; July 8, 1975, p. 21633; Sept. 29, 1980, pp. 27832-52). On the other hand, an amendment may relate to the same subject matter yet still stray from adherence to a common fundamental purpose. For example, an amendment singling out one constituent element of a larger subject for specific and unrelated scrutiny is not germane. Thus, to a bill authorizing a State attorney general to bring a civil action in Federal court against a person who has violated a State law regulating intoxicating liquor, an amendment singling out certain violations of liquor laws on the basis of their regard for any and all firearms issues (Aug. 3, 1999, p. 19213). Similarly, to a bill appropriating for only one fiscal year (and containing no provisions extending beyond that fiscal year), an amendment to extend an appropriation to another fiscal year is not germane (June 20, 2001, pp. 11233, 11234). |
| Sec. 934. Committee jurisdiction as test of germaneness. | An amendment when considered as a whole should be within the jurisdiction of the committee reporting the bill (Jan. 29, 1976, p. 1582; July 25, 1979, pp. 20601-03; June 27, 1985, pp. 17417-19), although committee jurisdiction over the subject of an amendment and of the original bill is not the exclusive test of germaneness (Aug. 2, 1973, pp. 27673-75), and the Chair relates the amendment to the bill in its perfected form (Aug. 17, 1972, p. 28913). Thus, the following are not germane: to a bill reported from the Committee on Agriculture providing price support programs for various agricultural commodities, an amendment repealing price control authority for all commodities under an act reported from the Committee on Banking and Currency (July 19, 1973, p. 24950); to a bill reported from the Committee on Ways and Means providing for a temporary increase in the public debt ceiling for the current fiscal year (not directly amending the Second Liberty Bond Act), an amendment proposing permanent changes in that Act and also affecting budget and appropriation procedures (matters within the jurisdiction of other House committees) (Nov. 7, 1973, p. 36240); to a bill relating to intelligence activities of the executive branch, an amendment effecting a change in the Rules of the House by directing a committee to impose an oath of secrecy on its members and staff (May 1, 1991, p. 9669); to a joint resolution continuing appropriations for the current fiscal year, a motion to recommit with instructions to revise the reconciliation instructions in the concurrent resolution on the budget (Sept. 29, 2005, p. _); to a bill reported by the Committee on Government Operations creating an executive agency to protect consumers, an amendment conferring on congressional committees with oversight over consumer protection the authority to intervene in judicial or administrative proceedings (a rulemaking provision within the jurisdiction of the Committee on Rules) (Nov. 6, 1975, p. 35373); to a proposition reported from the Committee on Public Works and Transportation authorizing funds for local public works employment, an amendment to mandate expenditure of already appropriated funds (as a purported disapproval of deferral of such funds under the Impoundment Control Act of 1974) and to set discount rates for reclamation and public works projects, subjects within the jurisdictions of the Committees on Appropriations and Interior and Insular Affairs (May 3, 1977, p. 13242); to a bill reported from the Committee on Armed Services |
| Sec. 935. Various tests of germaneness are not exclusive. | The standards by which the germaneness of an amendment may be measured, as set forth in Sec. Sec. 932-934, supra, are not exclusive; an amendment and the matter to which offered may be related to some degree under the tests of subject matter, purpose, and jurisdiction, and still not be considered germane under the precedents. Thus, the following have been held not to be germane: to a proposition relating to terms of Senators, an amendment changing the manner of their election (V, 5882); to a bill relating to commerce between the States, an amendment relating to commerce within the several States (V, 5841); to a proposition to relieve destitute citizens of the United States in Cuba, a proposition declaring a state of war in Cuba and proclaiming neutrality (V, 5897); to a proposition for the appointment of a select committee to investigate a certain subject, an amendment proposing an inquiry of the executive on that subject (V, 5891); to a bill granting a right of way to a railroad, an amendment providing for the purchase of the railroad by the Government (V, 5887); to a provision for the erection of a building for a mint, an amendment to change the coinage laws (V, 5884); to a resolution proposing expulsion, an amendment proposing censure (VI, 236); to a resolution authorizing the administration of the oath to a Member-elect, an amendment authorizing such oath administration but adding several conditions of punishment predicated on acts committed in a prior Congress (Jan. 3, 1969, pp. 23- 25); to a general tariff bill, an amendment creating a tariff board (May 6, 1913, p. 1234; Speaker Clark, May 8, 1913, p. 1381); to a proposition to sell two battleships and build a new battleship with the proceeds, a proposition to devote the proceeds to building wagon roads (VIII, 2973); to a bill authorizing a State attorney general to bring a civil action in Federal court against a person who has violated a State law regulating intoxicating liquor, an amendment singling out certain violations of liquor laws on the basis of their regard for any and all firearms issues (Aug. 3, 1999, p. 19213). |
| Sec. 936. One individual proposition not germane to another. | One individual proposition may not be amended by another individual proposition even though the two belong to the same class (VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990, p. 32346; Oct. 24, 1991, p. 28561). Thus, the following are not germane: to a bill proposing the admission of one territory into the Union, an amendment for admission of another territory (V, 5529); to a bill amending a law in one particular, amending the law in another particular (VIII, 2949); to a proposition to appropriate or to authorize appropriations for only one year (and containing no provisions extending beyond that year), an amendment to extend the authorization or appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28; see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99; June 20, 2001, pp. 11233, 11234); to a measure continuing appropriations for the current fiscal year for a specified period, an amendment proposed in a motion to recommit making certain funds available beyond such |
| Sec. 937. A general provision not germane to a specific subject. | A specific subject may not be amended by a provision general in nature, even when of the class of the specific subject (V, 5843-5846; VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Deschler-Brown, ch. 28, Sec. 9). Thus the following are not germane: to a bill for the admission of one territory into the Union, an amendment providing for the admission of several other territories (V, 5837); to a bill relating to all corporations engaged in interstate commerce, an amendment relating to all corporations (V, 5842); to a bill proscribing certain picketing in the District of Columbia, an amendment making the provisions thereof applicable throughout the United States (Aug. 22, 1966, p. 20113); to a joint resolution proposing an amendment to the Constitution prohibiting the United States or any State from denying persons 18 years of age or older the right to vote, an amendment requiring the United States and all States to treat persons 18 years and older as having reached the age of majority for all purposes under the law (Mar. 23, 1971, p. 7567); to a bill dealing with enforcement of United Nations sanctions against one country in relation to a specific trade commodity, an amendment imposing United States sanctions against all countries for all commodities and communications (Mar. 14, 1977, p. 7446); to a bill to enable a department to investigate and prosecute fraud and abuse in medicare and medicaid health programs, an amendment to prohibit any officer or employee from disclosing any identifiable medical record absent patient approval (Sept. 23, 1977, pp. 30534-35); to an amendment to a budget resolution changing one functional category only, an amendment changing several other categories and covering an additional fiscal year (May 2, 1979, pp. 9556-64); to a bill authorizing funds for radio broadcasting to Cuba, an amendment to include broadcasting to all dictatorships in the Caribbean Basin (Aug. 10, 1982, p. 20256); to a bill relating to aircraft altitude over units of the National Park System, an amendment relating to aircraft collision avoidance generally (Sept. 18, 1986, p. 24084); to a proposition prohibiting the use of funds appropriated for a fiscal year for a specified purpose, an amendment prohibiting the use of funds appropriated for that or any prior fiscal year for an unrelated purpose is not germane (June 30, 1987, p. 18294); to a proposition providing for a training vessel for one state maritime academy, an amendment relating to training vessels for all state maritime academies is not germane (June 30, 1987, p. 18296); to a proposition waiving a requirement in existing law that an authorizing law be enacted before the obligation of certain funds, an amendment affirmatively enacting bills containing not only that authorization but also other policy matters (Sept. 28, 1988, p. 26108); to a proposition pertaining only to a certain appropriation account in a bill, an amendment |
| Sec. 938. Specific subjects germane to general propositions of the class. | A general subject may be amended by specific propositions of the same class (VIII, 3002, 3009, 3012; see also Deschler-Brown, ch. 28, Sec. 11). Thus, the following have been held to be germane: to a bill admitting several territories into the Union, an amendment adding another territory (V, 5838); to a bill providing for the construction of buildings in each of two cities, an amendment providing for similar buildings in several other cities (V, 5840); to a resolution embodying two distinct phases of international relationship, an amendment embodying a third (V, 5839); to an amendment prohibiting indirect assistance to several countries, an amendment to include additional countries within that prohibition (Aug. 3, 1978, p. 24244); to a portion of a bill providing two categories of economic assistance to foreign countries, an amendment adding a further specific category (Apr. 9, 1979, pp. 7755-57); to a bill bringing two new categories within the coverage of existing law, an amendment to include a third category of the same class (Nov. 27, 1967, p. 33769); to a proposition providing for prepayment of loans by those within a certain class of borrowers who meet a specified criterion, a proposed House amendment eliminating the criterion to broaden the applicability of the Senate amendment to additional borrowers within the same class (June 30, 1987, p. 18308); to an amendment addressing a range of criminal prohibitions, an amendment addressing another criminal prohibition within that range (Oct. 17, 1991, p. 26767); to a bill addressing violent crimes, an amendment addressing violent crimes involving the environment (May 7, 1996, p. 10344). |
| Sec. 939. Amendments to bills amending existing law. | To a bill amending a general law on a specific point an amendment relating to the terms of the law rather than to those of the bill was ruled not to be germane (V, 5808; VIII, 2707, 2708). Thus a bill amending several sections of one title of the United States Code does not necessarily bring the entire title under consideration so as to permit an amendment to any portion thereof (Oct. 11, 1967, p. 28649), and if 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 (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013, 3031; May 12, 1976, p. 13532). To a bill narrowly amending an anti-discrimination provision in the Education Amendments of 1972 only to clarify the definition of a discriminating entity subject to denial of Federal funding, amendments re-defining a class of discrimination (sex), expanding the definition of persons who are the subject of discrimination (to include the unborn), and deeming a new entity (Congress) to be a recipient of Federal assistance (a class not necessarily included in the class covered by the bill), were ruled not to be germane (June 26, 1984, pp. 18847, 18857, 18861). But to the same bill, an amendment merely defining a word used in the bill was held germane (June 26, 1984, p. 18865). Unless a bill so extensively amends existing law as to open up the entire law to amendment, the germaneness of |
| Sec. 940. Amendments imposing conditions, qualifications, and limitations. | Restrictions, qualifications, and limitations sought to be added by way of amendment must be germane to the provisions of the bill. Conditioning the availability of funds may be germane if the condition is related to the general purpose and within the scope of the pending proposition (Deschler-Brown, ch. 28, Sec. Sec. 29-34). Thus, the following are germane: to a bill authorizing the funding of a variety of programs that satisfy several stated requirements in order to accomplish a general purpose, an amendment conditioning the availability of those funds upon implementation by their recipients of another program related to that general purpose (June 18, 1973, p. 20100); to a bill authorizing funds for military procurement and construction, an amendment declaring that none of the funds be used to carry out military operations in North Vietnam (Mar. 2, 1967, p. 5143); to a proposition reducing the line-item authorization for certain missiles and prohibiting procurement of certain other missiles, an amendment proposing a conditional restriction on the availability of funds for such procurement that merely requires observation of activities of another country, which activities already constitute the policy basis for the funding of that governmental activity (missile procurement) (May 16, 1984, p. 12510); to a bill authorizing federal funding of certain qualifying state programs, an amendment restricting the payment of Federal funds in a bill to States that enact certain laws relating to the activities being funded (July 28, 1993, p. 17403); to an authorization bill, an amendment that conditions the availability of such funds by adopting as a measure of their availability the expenditure during the fiscal year of a comparable percentage of funds authorized by other acts as long as the amendment does not directly affect the use of other funds (July 26, 1973, p. 26210); to a bill authorizing certain housing programs, an amendment restricting the amounts of direct spending in the bill to the levels set in the concurrent resolution on the budget as merely a measure of availability of funds in the bill and not a provision directly affecting the congressional budget process (June 11, 1987, p. 15540); to a proposition restricting the availability of funds to a certain category of recipients, an amendment further restricting the availability of funds to a subcategory of the same recipients (Sept. 25, 1979, pp. 26135-43); to a bill authorizing appropriations for an agency, an amendment prohibiting the use of funds for any purpose to which the funds may otherwise be applied (Nov. 5, 1981, p. 26716); an amendment that conditions the availability of funds covered by a bill by adopting as a measure of their availability the monthly increases in the public debt |
| 941. Reading, engrossment, and passage of bills. | 8. Bills and joint resolutions are subject to readings as follows: |
| Sec. 942. First and second readings. | Formerly a bill was read for the first time by title at the time of its introduction, but since 1890 all bills have been introduced by filing them with the Clerk, thus rendering a reading by title impossible at that time (IV, 3391). But the titles of all bills introduced are printed in the Journal and Record, thereby carrying out the real purpose of the rule. |
| Sec. 943. The third reading after engrossment. | The right to demand the reading in full of the engrossed copy of a bill formerly guaranteed by the rule existed immediately after it had been ordered to be engrossed and before it had been read a third time by title (IV, 3400, 3403, 3404; VII, 1061); and before the yeas and nays had been ordered on passage (IV, 3402). The right to demand the reading in full caused the bill to be laid aside until engrossed even though the previous question had been ordered (IV, 3395-3399; VII, 1062). A privileged motion may not intervene before the third reading (IV, 3405), and the question on engrossment and third reading is not subject to a demand for division of the question (Aug. 3, 1989, p. 18544). A vote on passage must first be reconsidered to remedy the omission to read a bill a third time (IV, 3406). Senate bills are not engrossed in the House; but are ordered to a third reading. The demand for the reading of the engrossed copy of a Senate bill cannot be made in the House (VIII, 2426). |
| Sec. 944. Voting on bills. | A bill in the House (as distinguished from the Committee of the Whole) is amended pending the engrossment and third reading (V, 5781; VI, 1051, 1052). The question on engrossment and third reading being decided in the negative the bill is rejected (IV, 3420, 3421). A bill must be considered and voted on by itself (IV, 3408). If the two Houses pass similar but distinct bills on the same subject it is necessary that one or the other House act again on the subject (IV, 3386). The requirement of a two-thirds vote for proposed constitutional amendments has been construed in the later practice to apply only to the |
| 945. Obtaining the floor for debate; and relevancy and decorum therein. | 1. (a) A Member, Delegate, or Resident Commissioner who desires to speak or deliver a matter to the House shall rise and respectfully address the Speaker and, on being recognized, may address the House from any place on the floor. When invited by the Chair, a Member, Delegate, or Resident Commissioner may speak from the Clerk's desk. |
| Sec. 946. Interruption of a Member in debate. | A Member having the floor may not be deprived of it by an ordinary motion, even the highly privileged motion to adjourn (V, 5369, 5370; VIII, 2646), or the motion to table (Mar. 18, 1992, p. 6022), a parliamentary inquiry (VIII, 2455-2458), a question of privilege (V, 5002; VIII, 2459), a motion that the Committee rise (VIII, 2325), or a demand for the previous question (VIII, 2609; Mar. 18, 1992, p. 6022), but may be interrupted for a conference report (V, 6451; VIII, 3294). It is a custom also for the Speaker to request a Member to yield for the reception of a message. A Member may yield the floor for a motion to adjourn or that the Committee of the Whole rise without losing the right to continue when the subject is again continued (V, 5009-5013), but if the House has by resolution vested control of general debate in the Committee of the Whole in designated Members, their control of general debate may not be abrogated by another Member moving to rise, unless they yield for that purpose (May 25, 1967, p. 14121; June 10, 1999, p. 12471). A Member may also be seated while a paper is being read on the Member's time without losing the right to the floor (V, 5015). A Member who, having the floor, moved the previous question was per |
| Sec. 947. Speaker in debate. | The Speaker may of right speak from the Chair on questions of order and be first heard (II, 1367), but with this exception may speak from the Chair only by leave of the House and on questions of fact (II, 1367-1372). On occasions comparatively rare Speakers have called Members to the Chair and participated in debate on questions of order or matters relating their own conduct or rights, usually without asking consent of the House (II, 1367, 1368, 1371; III, 1950; V, 6097). In more recent years, Speakers have frequently entered into debate from the floor on substantive legislative issues before the House for decision, and the right to participate in debate in the Committee of the Whole is without question (see, e.g., Apr. 30, 1987, p. 10811). |
| Sec. 948. Remarks must be confined to the subject. | It has always been held, and generally quite strictly, that in the House remarks must be confined to the subject under debate (V, 5043-5048; VI, 576; VIII, 2481, 2534). The Chair normally does not take initiative but waits for the question of relevancy of debate to be raised (Sept. 27, 1990, p. 26226; Mar. 23, 1995, p. 8986; Nov. 14, 1995, pp. 32354-57, 32374; Dec. 15, 1995, p. 37118; Mar. 12, 1996, p. 4149; Mar. 20, 2002, p. 3663), which is untimely after intervening debate (July 31, 2007, p. _). |
| Sec. 950. Oneminute and specialorder speeches. | Recognition for one-minute speeches by unanimous consent and the order of recognition therefor are entirely within the discretion of the Speaker (Nov. 15, 1983, p. 32657; Mar. 7, 2001, p. 3027), who may decline a unanimous-consent request to increase the number (Sept. 16, 2008, p. _). When the House has a heavy legislative schedule, the Speaker may refuse to recognize Members for that purpose until the completion of legislative business (Deschler-Brown, ch. 29, Sec. 73; July 24, 1980, p. 19386). It is not in order to raise as a question of the privileges of the House a resolution directing the Speaker to recognize for such speeches, because a question of privilege cannot amend or interpret the Rules of the House (July 25, 1980, pp. 19762-64). The modern practice of limiting recognition before legislative business to one minute began August 2, 1937 (p. 8004) and was reiterated by Speaker Rayburn on March 6, 1945 (Deschler, ch. 21, Sec. 6.1). |
| Sec. 951. Morninghour debate. | Beginning in the second session of the 103d Congress, the House has by unanimous consent agreed (without prejudice to the Speaker's ultimate power of recognition under this rule) to convene early on Mondays and Tuesdays for morning-hour debate (Feb. 11, 1994, p. 2244; May 23, 1994, p. 11459; June 8, 1994, p. 12305; June 10, 1994, p. 12684; Jan. 4, 1995, p. 551; Feb. 16, 1995, p. 5096; Jan. 21, 1997, p. 460; Jan. 19, 1999, p. 602; Jan. 3, 2001, p. 38; Jan. 23, 2002, p. 3; Jan. 7, 2003, p. 24; Jan. 20, 2004, p. _; Jan. 4, 2005, p. _; Jan. 31, 2006, p. _; Jan. 4, 2007, p. _). On May 12, 1995, the House extended and modified the above order to accommodate earlier convening times after mid-May of each year. The modified order changes morning-hour debate on Tuesdays after mid-May of each year as follows: (1) the House convenes one hour early (rather than 90 minutes); (2) time for debate is limited to 25 minutes for each party (rather than 30 minutes); and (3) in no event is morning-hour debate to continue beyond 10 minutes before the House is to convene (May 12, 1995, p. 12765). The House extended such order in a modified form to accommodate early convening times on any Monday or Tuesday (Jan. 20, 2004, p. _; Jan. 4, 2005, p. _; Jan. 31, 2006, p. _; Jan. 4, 2007, p. _). The above-cited orders of the House also: (1) postpone the Prayer, approval of the Journal, and the Pledge of Allegiance during morning-hour debate; and (2) require the Chair to recognize Members for not more than five minutes each, alternating between the majority and minority parties in accord with lists supplied by their respective Leaders. Under the customary order of the House establishing |
| Sec. 952. ``Oxfordstyle'' debates. | In the 103d Congress the House agreed by unanimous consent to conduct at a time designated by the Speaker structured debate on a mutually agreeable topic announced by the Speaker, with four participants from each party in a format announced by the Speaker (Feb. 11, 1994, p. 2244; Mar. 11, 1994, p. 4772; May 23, 1994, p. 11459; June 8, 1994, p. 12305; June 10, 1994, p. 12648). Pursuant to that authority the House conducted three ``Oxford-style'' debates (Mar. 16, 1994, p. 5088; May 4, 1994, p. 9300; July 20, 1994, p. 17245). As a precursor to those structured debates, special-order time was used for a ``Lincoln-Douglas-style'' debate involving five Members, with one Member acting as ``moderator'' by controlling the hour under this clause (Nov. 3, 1993, p. 27312). |
| Sec. 953. Speaker governed by usage in recognitions. | Although there is no appeal from the Speaker's recognition, the Speaker is not a free agent in determining who is to have the floor. The practice of the House establishes rules from which the Speaker should not depart. For example, when the order of business brings before the House a certain bill the Speaker must first recognize, for motions for its disposition, the Member who represents the committee that has reported it (II, 1447; VI, 306, 514). This is not necessarily the chair of the committee, for a chair who, in committee, has opposed the bill, must yield the prior recognition to a member of the committee who has favored the bill (II, 1449). Usually, however, the chair has charge of the bill and is entitled at all stages to prior recognition for allowable motions intended to expedite it (II, 1452, 1457; VI, 296, 300). This principle does not, however, apply to the chair of the Committee of the Whole (II, 1453). Once the proponent of a pending motion has been recognized for debate thereon, a unanimous-consent request to modify the motion may be entertained only if the proponent yields for that purpose (Jan. 5, 1996, p. 348). In the case of a motion to instruct conferees (Mar. 29, 2006, p. _), a measure on which the previous question has been ordered without intervening motion (Feb. 13, 2007, p. _, p. _), or a measure on which time has been yielded under the hour rule solely for the purpose of debate (Dec. 16, 2005, p. _; Nov. 7, 2007, p. _), the Chair will entertain a unanimous-consent request regarding the disposition of the measure only if the majority manager yields for that purpose. The Member who originally introduces the bill that a committee reports has no claim to recognition as opposed to the claims of the members of the committee, but in cases in which a proposition is brought directly before the House by a Member the mover is entitled to prior recognition for motions and debate (II, 1446, 1454; VI, 302-305, 417; VIII, 2454, 3231). This principle applies to the makers of certain motions. Thus, the Member |
| Sec. 954. Loss of right to recognition by Member in charge. | When an essential motion made by the Member in charge of a bill is decided adversely, the right to prior recognition passes to the Member who the Speaker perceives to be leading the opposition to the motion (II, 1465-1468; VI, 308). Under this principle control of a measure passes when |
| Sec. 955. Prior right of Members to recognition for debate. | In debate the members of the committee--except the Committee of the Whole (II, 1453)--are entitled to priority of recognition for debate (II, 1438, 1448; VI, 306, 307), but a motion to lay a proposition on the table is in order before the Member entitled to prior recognition for debate has begun remarks (V, 5391-5395; VI, 412; VIII, 2649, 2650). |
| Sec. 956. Exceptions to the usages constraining the Speaker as to recognitions. | As to motions to suspend the rules, which are in order on Mondays, Tuesdays, and Wednesdays, the Speaker exercises discretion in recognition (V, 6791-6794, 6845; VIII, 3402-3404). The Speaker also may decline to recognize a Member who desires to ask unanimous consent to set aside the rules in order to consider a bill not otherwise in order, this being the way of signifying objection to the request. But this authority did not extend to the former Consent Calendar. Where the |
| Sec. 957. The hour rule in debate. | 2. * * * A Member, Delegate, or Resident Commissioner may not occupy more than one hour in debate on a question in the House or in the Committee of the Whole House on the state of the Union except as otherwise provided in this rule. |
| 958. The opening and closing of general debate. | 3. (a) The Member, Delegate, or Resident Commissioner who calls up a measure may open and close debate thereon. When general debate extends beyond one day, that Member, Delegate, or Resident Commissioner shall be entitled to one hour to close without regard to the time used in opening. |
| Sec. 959. Member to speak but once to the same question; right to close controlled debate. | (b) Except as provided in paragraph (a), a Member, Delegate, or Resident Commissioner may not speak more than once to the same question without leave of the House. |
| 960. The call to order for words spoken in debate. | 4. (a) If a Member, Delegate, or Resident Commissioner, in speaking or otherwise, transgresses the Rules of the House, the Speaker shall, or a |
| Sec. 961. Words taken down and other calls to order for unparliamentary debate. | Members transgressing the rules of debate and decorum may be called to order by the Speaker (VIII, 2481, 2521, 3479), a Member (II, 1344; V, 5154, 5161-5163, 5175, 5192), or a Delegate (II, 1295). A Member may initiate a call to order either by making a point of order that a Member is transgressing the rules or by formally demanding that words be taken down under this clause (Sept. 12, 1996, pp. 22897, 22899; Sept. 17, 1996, p. 23426; Sept. 18, 1996, p. 23535; Sept. 25, 1996, p. 24759). A Member's comportment in debate may constitute a breach of decorum even though the content of the Member's speech is not, itself, unparliamentary (July 29, 1994, p. 18609). Except for naming the offending Member, the Speaker may not otherwise censure or punish the Member (II, 1345; VI, 237; Sept. 18, 1996, p. 23535; see also Sec. 366, supra). The House may by proper motions under this clause dictate the consequences of a ruling by the Chair that a Member was out of order (May 26, 1983, p. 14048). As an exercise of recognition, the Chair's determination that a Member's time in debate has expired is not subject to appeal (Mar. 22, 1996 p. 6086; see also Sec. Sec. 622, 629, supra). Furthermore, a Member speaking while not under recognition (as when speaking beyond the allotted time) is not entitled to in-House amplification (Mar. 16, 1988, p. 4081; see also Sec. 684, supra). |
| 962. Decorum of Members in the Hall. | 5. When the Speaker is putting a question or addressing the House, a Member, Delegate, or Resident Commissioner may not walk out of or across the Hall. When a Member, Delegate, or Resident Commissioner is speaking, a Member, Delegate, or Resident Commissioner may not pass between the person speaking and the Chair. During the session of the House, a Member, Delegate, or Resident Commissioner may not wear a hat or remain by the Clerk's desk during the call of the roll or the counting of ballots. A person may not smoke or use a wireless telephone or personal computer |
| 963. Objections to use of exhibits. | 6. When the use of an exhibit in debate is objected to by a Member, Delegate, or Resident Commissioner, the Chair, in the discretion of the Chair, may submit the question of its use to the House without debate. |
| Sec. 964. History of former rule on reading of papers. | The earlier form of the rule (formerly rule XXX), originally adopted in 1794 and amended in 1802 and 1880 (V, 5257), addressed reading from papers. It recognized the right of a Member under the general parliamentary law to have read the paper on which the House is to vote (V, 5258), but when that paper had been read once, the reading could not be repeated unless by order of the House (V, 5260). The right could be abrogated by suspension of the rules (V, 5278-5284; VIII, 3400); but was not abrogated simply by the fact that the current procedure was taking place under the rule for suspension (V, 5273-5277). On a motion to refer a report, the reading of it could be demanded as a matter of right, but the latest ruling left to the House to determine whether or not an accompanying record of testimony should be read (V, 5261, 5262). In general the reading of a report was held to be in the nature of debate (V, 5292); but where a report presented facts and conclusions but no legislative proposition, it was read if submitted for action (IV, 4663). Where a paper is offered as involving a matter of privilege it may be read to the House (III, 2597; VI, 606; VIII, 2599), rather than by the Speaker privately (III, 2546), but a Member may not, as a matter of right, require the reading of a book or paper on suggestion that it contains matter infringing on the privileges of the House (V, 5258). |
| Sec. 965. Earlier practice. | The reading of papers other than those on which the vote was about to be taken was usually permitted without question (V, 5258). However, this privilege was subject to the authority of the House if another Member objected (V, 5285-5291; VIII, 2597, 2602; Dec. 19, 1974, p. 41425; Dec. 10, 1987, p. 34669). This principle applied even to the Member's own written speech (V, 5258; VIII, 2598), to a report that the Member proposed to have read in his or her own time or to read in his or her place (V, 5293), and to excerpts from the Congressional Record (VIII, 2597). After the previous question was ordered, a Member could not ask the decision of the House on a request for the reading of a paper not before the House for action (V, 5296), even though it be the report of the committee (V, 5294, 5295). For further discussion, see Sec. Sec. 432-436, supra. Pursuant to the former form of this rule, the consent of the House for a Member to read a paper in debate only permitted the Member seeking such permission to read as much of the paper as possible in the time yielded or allotted to that Member, and did not necessarily grant permission to read or to insert the entire document (Mar. 1, 1979, p. 3748). Where a Member objected to another's reading from a paper, the Chair put the question without debate. It was not in order under the guise of parliamentary inquiry to debate that question by indicating that the objection was a dilatory tactic (Dec. 10, 1987, p. 34672). |
| 966. Gallery occupants not to be introduced. | 7. During a session of the House, it shall not be in order for a Member, Delegate, or Resident Commissioner to introduce to or to bring to the attention of the House an occupant in the galleries of the House. The Speaker may not entertain a request for the suspension of this rule by unanimous consent or otherwise. |
| 967. Revisions of remarks in debate. | 8. (a) The Congressional Record shall be a substantially verbatim account of remarks made during the proceedings of the House, subject only to technical, grammatical, and typographical corrections authorized by the Member, Delegate, or Resident Commissioner making the remarks. |
| Sec. 968. Standard of conduct. | (c) This clause establishes a standard of conduct within the meaning of clause 3(a)(2) of rule XI. |
| 969. Secret session of the House. | 9. When confidential communications are received from the President, or when the Speaker or a Member, Delegate, or Resident Commissioner informs the House that such individual has communications that such individual believes ought to be kept secret for the present, the House shall be cleared of all persons except the Members, Delegates, Resident Commissioner, and officers of the House for the reading of such communications, and debates and proceedings thereon, unless otherwise ordered by the House. |
| 970. Selection of Chair of Committee of the Whole; and the power to preserve order. | 1. Whenever the House resolves into the Committee of the Whole House on the state of the Union, the Speaker shall leave the chair after appointing a Member, Delegate, or the Resident Commissioner as Chair to preside. In case of disturbance or disorderly conduct in the galleries or lobby, the Chair may cause the same to be cleared. |
| Sec. 971. Functions of the chair of the Committee of the Whole. | The Sergeant-at-Arms attends the sittings of the Committee of the Whole and, under direction of the Chair, maintains order (I, 257). The Chair recognizes for debate (V, 5003). Like the Speaker, the Chair is forbidden to recognize for requests to suspend the rule of admission to the floor (V, 7285). |
| Sec. 972. Speaker's declaration into Committee of the Whole pursuant to special order. | 2. (a) Except as provided in paragraph (b) and in clause 6 of rule XV, the House resolves into the Committee of the Whole House on the state of the Union by motion. When such a motion is entertained, the Speaker shall put the question without debate: ``Shall the House resolve itself into the Committee of the Whole House on the state of the Union for consideration of this matter?'', naming it. |
| 973. Subjects requiring consideration in Committee of the Whole. | 3. All public bills, resolutions, or Senate amendments (as provided in clause 3 of rule XXII) involving a tax or charge on the people, raising revenue, directly or indirectly making appropriations of money or property or requiring such appropriations to be made, authorizing payments out of appropriations already made, releasing any liability to the United States for money or property, or referring a claim to the Court of Claims, shall be first considered in the Committee of the Whole House on the state of the Union. A bill, resolution, or Senate amendment that fails to comply with this clause is subject to a point of order against its consideration. |
| 977. Order of business in Committee of the Whole. | 4. (a) Subject to subparagraph (b) business on the calendar of the Committee of the Whole House on the state of the Union may be taken up in regular order, or in such order as the Committee may determine, unless the measure to be considered was determined by the House at the time of resolving into the Committee of the Whole. |
| 978. General debate and amendment under the fiveminute rule in Committee of the Whole. | 5. (a) Before general debate commences on a measure in the Committee of the Whole House on the state of the Union, it shall be read in full. 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. An amendment, or an amendment to an amendment, may be withdrawn by its proponent only by the unanimous consent of the Committee of the Whole. |
| Sec. 979. Motion to close general debate in Committee of the Whole. | The motion to close general debate in Committee of the Whole, successor in practice to the motion to discharge provided by the rule of 1841, is made in the House pending the motion that the House resolve itself into Committee, and not after the House has voted to go into Committee (V, 5208). Though the motion is not debatable, the previous question is sometimes ordered on it to prevent amendment (V, 5203). If the previous question is ordered, the 40 minutes of debate under clause 1(a) of rule XIX (formerly clause 2 of rule XXVII) is not allowed (VIII, 2555, 2690). General debate must have already begun in Committee of the Whole before the motion to limit debate it is in order in the House (V, 5204-5206). The motion may not apply to a series of bills (V, 5209) and must be offered to apply to the whole and not to a part of a bill (V, 5207). A proposition for a division of time may not be made as a part of it (V, 5210, 5211). The motion may not be made in Committee of the Whole (V, 5217; VIII, 2548); but, in the absence of an order by the House, the Committee of the Whole may by unanimous consent determine general debate (V, 5232; VIII, 2553). If the House has fixed the time, the Committee may not, even by unanimous consent, extend it (V, 5212-5216; VIII, 2321, 2550; Mar. 27, 1984, p. 6599; June 17, 1999, pp. 13437, 13442).- |
| Sec. 980. Reading and amendment under the fiveminute rule. | The second reading was originally instituted by the rule of 1789 and has continued, although the rule was eliminated, undoubtedly by inadvertence, in the codification of 1880 (V, 5221). The recodification of the 106th Congress conformed paragraph (a) to reflect the modern practice of first and second readings (H. Res. 5, Jan. 6, 1999, p. 47). |
| Sec. 981. Pro forma amendments under the fiveminute rule. | The pro forma amendment to ``strike the last word'' has long been used for purposes of debate or explanation where an actual amendment is not contemplated (V, 5778; VIII, 2591). Unless a special rule precludes any amendment except pro forma amendments for the purpose of debate, a pro forma amendment may be voted on unless withdrawn (VIII, 2874). A Member who has occupied five minutes on a pro forma amendment to debate a pending substantive amendment may not lengthen this time by making another pro forma amendment (V, 5222; VIII, 2560), may not offer another pro forma amendment after intervening debate on a pending amendment or proposition, even on a subsequent day (July 14, 1998, p. 15298; May 23, 2002, p. 8913 (see May 22, 2002, p. 8707)), and may not extend debate time by offering a substantive amendment while other Members are seeking recognition (July 28, 1965, p. 18631). A Member recognized to offer a pro forma amendment under the five-minute rule may not during that time offer a substantive amendment but must be separately recognized for that purpose (Nov. 19, 1987, p. 32880). A Member may speak in opposition to a pending amendment and subsequently offer a pro forma amendment and debate that (June 30, 1955, p. 9614); a Member may offer a second degree amendment and then offer a pro forma amendment to debate the underlying first degree amendment (June 28, 1995, p. 17633); a Member who has debated a substantive amendment may thereafter rise in opposition to a pro forma amendment thereto (July 20, 1951, p. 8566); and a Member may offer a pro forma amendment each to a pending amendment and a second degree amendment thereto (June 12, 2007, p. _; July 31, 2007, p. _), but not more than one (July 31, 2007, p. _). A Member who has offered a substantive amendment and then debated it for five minutes |
| 982. Failure of a quorum in Committee of the Whole. | 6. (a) A quorum of a Committee of the Whole House on the state of the Union is 100 Members. The first time that a Committee of the Whole finds itself without a quorum during a day, the Chair shall invoke the procedure for a quorum call set forth in clause 2 of rule XX, unless the Chair elects to invoke an alternate procedure set forth in clause 3 or clause 4(a) of rule XX. If a quorum appears, the Committee of the Whole shall continue its business. If a quorum does not appear, the Committee of the Whole shall rise, and the Chair shall report the names of absentees to the House. |
| Sec. 983. Rising and reports of Committee of the Whole. | Under clause 6(d), the presence of a quorum is not necessary for adoption of a motion that the Committee of the Whole rise (IV, 2975, 2976, 4914; Mar. 5, 1980, p. 4801; Oct. 3, 1985, p. 26096; May 21, 1992, p. 12394; July 21, 2004, p. _). |
| Sec. 985. De novo votes where Delegates decisive. | (h) Whenever a recorded vote on any question has been decided by a margin within which the votes cast by the Delegates and the Resident Commissioner have been decisive, the Committee of the Whole shall rise and the Speaker shall put such question de novo without intervening motion. Upon the announcement of the vote on that question, the Committee of the Whole shall resume its sitting without intervening motion. |
| 986. Motion to dispense with reading. | 7. It shall be in order in the Committee of the Whole House on the state of the Union to move that the Committee of the Whole dispense with the reading of an amendment that has been printed in the bill or resolution as reported by a committee, or an amendment that a Member, Delegate, or Resident Commissioner has caused to be printed in the Congressional Record. Such a motion shall be decided without debate. |
| 987. Closing the fiveminute debate in Committee of the Whole. | 8. (a) Subject to paragraph (b) at any time after the Committee of the Whole House on the state of the Union has begun five-minute debate on amendments to any portion of a bill or resolution, it shall be in order to move that the Committee of the Whole close all debate on that portion of the bill or resolution or on the pending amendments only. Such a motion shall be decided without debate. The adoption of such a motion does not preclude further amendment, to be decided without debate. |
| 988. The motion to strike the enacting words of a bill. | 9. A motion that the Committee of the Whole House on the state of the Union rise and report a bill or resolution to the House with the recommendation that the enacting or resolving clause be stricken shall have precedence of a motion to amend, and, if carried in the House, shall constitute a rejection of the bill or resolution. Whenever a bill or resolution is reported from the Committee of the Whole with such adverse recommendation and the recommendation is rejected by the House, the bill or resolution shall stand recommitted to the Committee of the Whole without further action by the House. Before the question of concurrence is submitted, it shall be in order to move that the House refer the bill or resolution to a committee, with or without instructions. If a bill or resolution is so referred, then when it is again reported to the |
| Sec. 989. Practice as to use of the motion to strike the enacting clause. | The motion may not be made until the first section of the bill has been read (V, 5327; VIII, 2619), and may be offered while an amendment is pending (V, 5328-5331; VIII, 2622, 2624, 2627). The motion takes precedence over the motion to amend and therefore over the motion to rise and report at the end of the reading of a general appropriation bill for amendment under clause 2(d) of rule XXI (July 24, 1986, p. 17641). The motion also takes precedence over a motion to limit debate on pending amendments (June 28, 1995, p. 17647; July 13, 1995, p. 18874). If a special order provides that a bill shall be open to amendment in Committee of the Whole, a motion to strike the enacting words is in order (VII, 787); contra (IV, 3215), but after the stage of amendment has been passed the motion to strike the enacting words is not in order (IV, 4782; VIII, 2368). Where a bill is being considered under a special order that permits only committee amendments and no amendments thereto, a motion that the Committee rise and report with the recommendation that the enacting clause be stricken is not in order if no committee amendments are in fact offered (Apr. 16, 1970, p. 12092). |
| 990. Reading concurrent resolution on budget for amendment. | 10. (a) At the conclusion of general debate in the Committee of the Whole House on the state of the Union on a concurrent resolution on the budget under section 305(a) of the Congressional Budget Act of 1974, the concurrent resolution shall be considered as read for amendment. |
| 991. Unfunded mandates. | 11. (a) In the Committee of the Whole House on the state of the Union, an amendment proposing only to strike an unfunded mandate from the portion of the bill then open to amendment, if otherwise in order, may be precluded from consideration only by specific terms of a special order of the House. |
| 992. Application of Rules of House to the Committee of the Whole. | 12. The Rules of the House are the rules of the Committee of the Whole House on the state of the Union so far as applicable. |
| Sec. 993. Modification of special orders. | The Chair may not entertain a unanimous-consent request in the Committee of the Whole if its effect is to materially modify procedures required by a special rule or order adopted by the House. For example, the following unanimous-consent requests may not be entertained in the Committee of the Whole: (1) to permit a perfecting amendment to be offered to the underlying bill where a special rule permitted its consideration only as a perfecting amendment to a committee amendment (Aug. 2, 1977, p. 26161); (2) to permit a substitute to be read by section for amendment where the special rule did not so provide (Dec. 12, 1973, p. 41153); (3) to extend the time limitation for consideration of amendments beyond that set by a special order requiring the Chair to put the question on the pending amendments at the expiration of certain hours of consideration (Apr. 10, 1986, p. 7079; Oct. 30, 1991, p. 29213; Aug. 3, 1999, p. 19218; Oct. 21, 1999, p. 26492); (4) to restrict ``en blocking'' authority granted in a special order (Sept. 11, 1986, p. 22871; June 21, 1989, p. 12744); (5) to change the scheme for control (Oct. 9, 1986, p. 29984) or duration (Aug. 1, 1989, p. 17143; Mar. 12, 1991, p. 5799; Mar. 17, 1993, p. 5385; June 17, 1999, pp. 13437, 13442; Feb. 9, 2005, p. _ (Chair corrected himself)) of general debate specified by the House, including a ``wrap up'' debate following the amendment process (Mar. 25, 2004, p. _); (6) to preempt the Chair's discretion (granted by a special order) to postpone and cluster votes or to schedule further consideration of a pending measure to a subsequent day (June 4, 1992, p. 13625; July 13, 1995, p. 18872); (7) to postpone a vote on an appeal of a ruling of the Chair (June 8, 2000, p. 9954); (8) to permit an amendment offered by another Member to an amendment rendered unamendable by a special order or to permit a subsequent amendment changing such unamendable amendment already adopted (Nov. 18, 1987, p. 32643; July 26, 1989, p. 16411; July 24, 1996, p. 18907); (9) to permit consideration of an amend |
| 994. The previous question. | 1. (a) There shall be a motion for the previous question, which, being ordered, shall have the effect of cutting off all debate and bringing the House to a direct vote on the immediate question or questions on which it has been ordered. Whenever the previous question has been ordered on an otherwise debatable question on which there has been no debate, it shall be in order to debate that question for 40 minutes, equally divided and controlled by a proponent of the question and an opponent. The previous question may be moved |
| Sec. 996. Application of the previous question. | The provisions of the rule define the application of the previous question with considerable accuracy. It may not be moved on more than one bill, or on motions to agree to a conference report and to dispose of differences not included in the report, except by unanimous consent (V, 5461-5465). When ordered on a motion to send to conference, it applies to that motion alone and does not extend to a subsequent motion to instruct conferees (VIII, 2675). It may apply to the main question and a pending motion to refer (V, 5466; VI, 373; VIII, 2678), or to a pending resolution and a pending amendment thereto (Sept. 25, 1990, p. 25575; July 16, 1998, p. 15793). When a bill is reported from the Committee of the Whole with the recommendation that the enacting words be stricken, it may be applied to the motion to concur without covering further action on the bill (V, 5342). During consideration ``in the House as in Committee of the Whole'' it may be demanded while Members still desire to offer amendments (IV, 4926-4929; VI, 639), but it may not be moved on a single section of a bill (IV, 4930). When |
| Sec. 997. The right to move the previous question. | The Member in charge of the bill and having the floor may demand the previous question, although another Member may propose a motion of higher privilege (VIII, 2684), which must be put first (V, 5480; VIII, 2609, 2684). If the Member in charge of the bill claims the floor in debate another Member may not demand the previous question (II, 1458); but having the floor, unless yielded to for debate only, any Member may make the motion although the effect may be to deprive the Member in charge of the bill of the floor (V, 5476; VIII, 2685). The Member who has called up a measure in the House has priority of recognition to move the previous question thereon, even over the chair of the reporting committee (Oct. 1, 1986, p. 27468). If, after debate, the Member in charge of the bill does not move the previous question, another Member may (V, 5475); but where a Member intervenes on a pending proceeding to make a preferential motion, such as the motion to recede from a disagreement with the Senate, that Member may not move the previous question on that motion as against the rights of the Member in charge (II, 1459), and the Member in charge is entitled to recognition to move the previous question even after surrendering the floor in debate (VIII, 2682, 3231). Where a Member controlling the time on a bill or resolution in the House yields for the purpose of amendment (or offers an amendment), another Member may move the previous question on the bill or resolution before the Member offering the amendment is recognized to debate it (Deschler, ch. 23, Sec. 18.3; July 24, 1979, p. 20385). Where under a rule of the House debate time on a motion or proposition is equally divided and controlled by the majority and the minority, or between those in favor and those opposed (see, e.g., clauses 2 and 6 of rule XV), or where a block of time for debate has been yielded by the manager, the previous question may not be moved until the other side has used or yielded back its time; and the Chair may vacate the adoption of the previous question where it was improperly moved while the other side was still seeking time (Oct. 3, 1989, p. 22842). The previous question may not be demanded on a proposition against which a point of order is pending (VIII, 3433). |
| Sec. 998. Relation of the previous question to motions. | The motion to lay on the table may not be applied to the previous question (V, 5410, 5411); and it may not be applied to the main question after the previous question has been ordered (V, 5415-5422; VIII, 2655), or after the yeas and nays have been ordered on the demand for the previous question (V, 5408, 5409). |
| Sec. 999. The 40 minutes of debate on undebated propositions. | This clause allows 40 minutes of debate when the previous question is ordered on an otherwise debatable proposition on which there has been no debate (V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602; Mar. 22, 1990, p. 4996) but not before it is ordered (Nov. 6, 2007, p. _). However, any previous debate on the merits of the main proposition precludes the 40 minutes (V, 5499-5502). The demand for 40 minutes of debate must come before the vote is taken on the main question (V, 5496). It is not available: (1) when the question on which the previous question is ordered is otherwise nondebatable, such as the motion to close debate (VIII, 2555, 2690); (2) on an undebated amendment where the motion for the previous question covers both the amendment and the original proposition, which has been debated (V, 5504) (although when the previous question is ordered merely on an amendment that has not been debated, the 40 minutes are allowed (V, 5503)); (3) on incidental motions (V, 5497-5498); (4) on propositions previously debated in Committee of the Whole (V, 5505); (5) on conference reports accompanying measures that were debated before being sent to conference (V, 5506- 5507); (6) on ancillary measures, such as a concurrent resolution to correct an enrolled bill (V, 5508). Debate allowed under this provision is equally divided and controlled between the person demanding the time and a Member representing the opposition (V, 5495; Sept. 13, 1965, pp. 23602-06; May 8, 1985, p. 11073). Priority in recognition for time in opposition is accorded to a Member truly opposed (VIII, 2689). |
| Sec. 1000. Questions of order pending the motion for the previous question. | (b) Incidental questions of order arising during the pendency of a motion for the previous question shall be decided, whether on appeal or otherwise, without debate. |
| Sec. 1000a. Postponement. | (c) Notwithstanding paragraph (a), when the previous question is operating to adoption or passage of a measure pursuant to a special order of business, the Chair may postpone further consideration of such measure in the House to such time as may be designated by the Speaker. |
| 1001. Recommit. | 2. (a) After the previous question has been ordered on passage or adoption of a measure, or pending a motion to that end, it shall be in order to move that the House recommit (or commit, as the case may be) the measure, with or without instructions, to a standing or select committee. For such a motion to recommit, the Speaker shall give preference in recognition to a Member, Delegate, or Resident Commissioner who is opposed to the measure. |
| Sec. 1002. Application of motion. | The motion to commit under this rule applies to resolutions of the House alone as well as to bills (V, 5572, 5573; VIII, 2742), and to a motion to amend the Journal (V, 5574). It does not apply to a report from the Committee on Rules providing a special order of business (V, 5593-5601; VIII, 2270, 2750), or to a pending amendment to a proposition in the House (V, 5573). A motion to commit under this clause, with instructions to report forthwith with an amendment, has been allowed after the previous question has been ordered on a motion to dispose of Senate amendments before the stage of disagreement (V, 5575; VIII, 2744, 2745). However, a motion to commit under this clause does not apply to a motion disposing of Senate amendments after the stage of disagreement where utilized to displace a pending preferential motion (Speaker Albert, Sept. 16, 1976, p. 30887). |
| Sec. 1002a. Consideration of motion. | Before the amendment of this clause in the 92d Congress, no debate was permitted on a motion to recommit with instructions after the previous question was ordered (V, 5561, 5582-5584; VIII, 2741). The 10 minutes of debate provided under this clause does not apply to a motion to recommit a simple or concurrent resolution or a conference report, because the clause limits |
| Sec. 1002b. Instructions with motion. | The simple motion to recommit and the motion to recommit with instructions are of equal privilege and have no relative precedence (VIII, 2714, 2758, 2762; Nov. 25, 1970, p. 38997). If the House adopts a motion to recommit with instructions that the committee report ``forthwith,'' the chair reports at once without awaiting action by the committee (V, 5545-5547; VIII, 2730), the bill is before the House for immediate consideration (V, 5550; VIII, 2735), and the amendments must be adopted by the House (VIII, 2734). When recommitted without such instructions, the measure is before the committee anew (IV, 4557; V, 5558). |
| Sec. 1002c. Recognition to offer motion. | Before former clause 4 of rule XVI was amended in 1909 to give priority in recognition for the motion to recommit to an opponent of a bill or joint resolution pending final passage, it was held that the opponents of a bill had no claim to prior recognition (II, 1456). Although the provision as amended in 1909 applied only to bills and joint resolutions, the principle embodied in that provision was applied also to motions to recommit simple or concurrent |
| 1003. The motion to reconsider. | 3. When a motion has been carried or lost, it shall be in order on the same or succeeding day for a Member on the prevailing side of the question to enter a motion for the reconsideration thereof. The entry of such a motion shall take precedence over all other questions except the consideration of a conference report or a motion to adjourn, and may not be withdrawn after such succeeding day without the consent of the House. Once entered, a motion may be called up for consideration by any Member. During the last six days of a session of Congress, such a motion shall be disposed of when entered. |
| Sec. 1004. Maker of the motion to reconsider. | The mover of a proposition is entitled to prior recognition to move to reconsider (II, 1454). A Member may make the motion at any time without thereby abandoning a prior motion made by such Member and pending (V, 5610). A Delegate or the Resident Commissioner may not make the motion in the House (rule III; II, 1292; VI, 240). The provision of the rule that the motion may be made by any Member of the majority is construed, in case of a tie vote, to mean any Member of the prevailing side (V, 5615, 5616), and the same construction applies in case of a two-thirds vote (II, 1656; V, 5617, 5618; VIII, 2778-2780). Where the yeas and nays have not been ordered, any Member, irrespective of whether voting with the majority or not, may make the motion to reconsider (V, 5611-5613, 5689; VIII, 2775, 2785; Sept. 23, 1992, p. 27196); but a Member who was absent (V, 5619), or who was paired in favor of the majority contention and did not vote, may not make the motion (V, 5614; VIII, 2774). When proxy voting was permitted in committee, it was generally held that a member who was not present at a vote, but voted by proxy, did not qualify to make the motion to reconsider thereon. Any Member may object to the Chair's statement that by unanimous consent the motion to reconsider a vote is laid on the table, and the objecting Member need not have voted on the prevailing side, but if objection is made, the Chair's statement is ineffective and only a Member who voted on the prevailing side may offer the motion to reconsider the vote (Aug. 15, 1986, p. 22139). The Chair, having voted on the prevailing side, may offer the motion to reconsider by stating the pendency of the motion (Oct. 9, 1997, p. 22017). |
| Sec. 1005. Precedence of the motion to reconsider. | The precedence given the motion by the rule permits it to be made even after the previous question has been demanded (V, 5656) or while it is operating (V, 5657-5662; VIII, 2784). The motion to reconsider the vote on the engrossment of a bill may be admitted after the previous question has been moved on a motion to postpone (V, 5663), and a motion to reconsider the vote on the third reading may be made and acted on after a motion for the previous question on the passage has been made (V, 5656). It also takes precedence of the motion to resolve into Committee of the Whole to consider an appropriation bill (VIII, 2785), or even of a demand that the House return to Committee after the appearance of a quorum (IV, 3087). However, in a case wherein the House had passed a |
| Sec. 1006. Application of the motion to reconsider. | A motion to reconsider may be entertained, although the bill or resolution to which it applies may have gone to the other House or the President (V, 5666-5668). However, unanimous consent is required to initiate reconsideration of a measure passed by both Houses (IV, 3466-3469). The Senate may not reconsider the confirmation of a nomination after a commission has been issued by the President to a nominee and the latter has taken the oath and entered upon the duties of the office. U.S. v. Smith, 286 U.S. 6 (1932). The fact that the House had informed the Senate that it had agreed to a Senate amendment to a House bill was held not to prevent a motion to reconsider the vote on agreeing (V, 5672). When a motion is made to reconsider a vote on a bill that has gone to the Senate, a motion to recall the bill is privileged (V, 5669-5671). The motion to recon |
| Sec. 1007. Effect of the motion to reconsider. | A bill is not considered passed or an amendment agreed to if a motion to reconsider is pending, the effect of the motion being to suspend the original proposition (V, 5704); and the Speaker declines to sign an enrolled bill until a pending |
| Sec. 1008. The vote on the motion to reconsider. | The motion to reconsider is agreed to by majority vote, even when the vote reconsidered requires two thirds for affirmative action (II, 1656; V, 5617, 5618; VIII, 2795), or when only one fifth is required for affirmative action, as in votes ordering the yeas and nays (V, 5689- 5692, 6029; VIII, 2790). However, one motion to reconsider the yeas and nays having been acted on, another motion to reconsider is not in order (V, 6037). |
| Sec. 1009. Relation of the motion to reconsider to the motion to lay on the table. | A vote on the motion to lay on the table may be reconsidered whether the decision be in the affirmative (V, 5628, 5695, 6288; VIII, 2785) or in the negative (V, 5629). It is in order to reconsider the vote laying an appeal on the table (V, 5630), although during proceedings under a call of the House this motion was once ruled out (V, 5631). |
| Sec. 1010. Debate on the motion to reconsider. | A motion to reconsider is debatable only if the proposition proposed to be reconsidered was debatable (V, 5694-5699; VIII, 2437, 2792; Sept. 13, 1965, p. 23608); so the motion to reconsider a vote ordering the previous question is not debatable (Sept. 25, 1990, p. 25575) and the application of the previous question makes a motion to reconsider nondebatable (V, 5701; VIII, 2792; Sept. 20, 1979, p. 25512; July 2, 1980, p. 18355). Where a resolution providing for the order of business was agreed to without adoption of the previous question, the Speaker advised that a motion to reconsider would be debatable and that the Member moving the reconsideration would be recognized to control the one hour of debate (Speaker McCormack, Sept. 13, 1965, p. 23608). |
| Sec. 1011. Application of motion to reconsider to bills in committees. | 4. A bill, petition, memorial, or resolution referred to a committee, or reported therefrom for printing and recommitment, may not be brought back to the House on a motion to reconsider. |
| Sec. 1012. Voting viva voce, by division, by electronic device. | 1. (a) The House shall divide after the Speaker has put a question to a vote by voice as provided in clause 6 of rule I if the Speaker is in doubt or divi |
| Sec. 1013. Former ordering of tellers and taking of the vote. | Under the precedents recorded before the abolition of tellers, it was the duty of the Member to serve as teller when appointed by the Chair (V, 5987); but when Members of one side had declined, the second teller was appointed from the other side (V, 5988) or the position was left vacant (V, 5989). A Delegate could have been appointed teller (II, 1302). Where there was doubt as to the count by tellers, the Chair could have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but this must have been done before the result was announced (V, 5993-5995; VIII, 3098). The Chair could have been counted without passing between the tellers (V, 5996, 5997; VIII, 3100, 3101). |
| Sec. 1014. Use of electronic equipment in recording roll calls. | 2. (a) Unless the Speaker directs otherwise, the Clerk shall conduct a record vote or quorum call by electronic device. In such a case the Clerk shall enter on the Journal and publish in the Congressional Record, in alphabetical order in each category, the names of Members recorded as voting in the affirmative, the names of Members recorded as voting in the negative, and the names of Members answering present as if they had been called in the manner provided in clause 3. Except as otherwise permitted under clause 8 or 9 of this rule or under clause 6 of rule XVIII, the minimum time for a record vote or quorum call by electronic device shall be 15 minutes. |
| Sec. 1014a. Procedure when electronic voting system inoperable. | (b) When the electronic voting system is inoperable or is not used, the Speaker or Chair may direct the Clerk to conduct a record vote or quorum call as provided in clause 3 or 4. |
| Sec. 1016. Bell system. | The legislative call system was designed to alert Members to certain occurrences on the floor of the House. The Speaker has directed that the bells and lights comprising the system be utilized as follows (Jan. 23, 1979, p. 701): |
| Sec. 1017. Changes and corrections of votes. | Before the result of a vote has been finally and conclusively pronounced by the Chair, but not thereafter, a Member may change a vote (V, 5931-5933, 6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered ``present'' may change it to ``yea'' or ``nay'' (V, 6060). However, a vote given by a Member may not be withdrawn without leave of the House (V, 5930). |
| Sec. 1018. Interruptions of the roll call. | Once begun the roll call may not be interrupted even by a motion to adjourn (V, 6053; VIII, 3133), a parliamentary inquiry (VIII, 3132) except in the discretion of the Chair and if related to the call (Deschler-Brown, ch. 31, Sec. Sec. 15.14, 15.15), a question of personal privilege (V, 6058, 6059; VI, 554, 564), the arrival of the time fixed for another order of business (V, 6056) or for a recess (V, 6054, 6055; VIII, 3133), or the presentation of a conference report (V, 6443). However, it is interrupted for the reception of messages and by the arrival of the hour fixed for adjournment sine die (V, 6715-6718). A Member-elect may be sworn during a record vote (Jan. 4, 2005, p. _; Jan. 6, 2005, p. _; Jan. 25, 2005, p. _). Incidental questions arising during the roll call, such as the refusal of a Member to vote (V, 5946-5948), are considered after the completion of the call and the announcement of the vote (V, 5947). The rules do not preclude a Member from announcing after a recorded vote how the Member would have voted if present (Speaker Rayburn, June 27, 1957, p. 10521; contra VIII, 3151), but neither the rules nor practice permit a Member to announce after a recorded vote how absent colleagues would have voted if present (VI, 200; Apr. 3, 1933, p. 1139; Apr. 28, 1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp. 4691, 4700; Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563). |
| Sec. 1019. Quorum call by clerks. | 4. (a) The Speaker may direct a record vote or quorum call to be conducted by tellers. In such a case the tellers named by the Speaker shall record the names of the Members voting on each side of the question or record their presence, as the case may be, which the Clerk shall enter on the Journal and publish in the Congressional Record. Absentees shall be noted, but the doors may not be closed except when ordered by the Speaker. The minimum time for a record vote or quorum call by tellers shall be 15 minutes. |
| Sec. 1020. Count of those not voting to make a quorum of record on a roll call. | (b) On the demand of a Member, or at the suggestion of the Speaker, the names of Members sufficient to make a quorum in the Hall of the House who do not vote shall be noted by the Clerk, entered on the Journal, reported to the Speaker with the names of the Members voting, and be counted and announced in determining the presence of a quorum to do business. |
| Sec. 1021. The call of the House. | 5. (a) In the absence of a quorum, a majority comprising at least 15 Members, which may include the Speaker, may compel the attendance of absent Members. |
| Sec. 1022. Ordering and conducting the call. | Under this rule a call may not be ordered by less than 15, and without that number present the motion for a call is not entertained (IV, 2983). It must be ordered by majority vote, and a minority of 15 or more favoring a call on such vote is not sufficient (IV, 2984). A quorum not being present no motion is in order but for a call of the House or to adjourn (IV, 2950, 2988; VI, 680), and at this stage the motion to adjourn has precedence over the motion for a call of the House (VIII, 2642). |
| Sec. 1023. Arrest of Members. | An order of arrest for absent Members may be made after a single calling of the roll (IV, 3015, 3016), and a warrant issued on direction of those present, such motion having precedence of a motion to dispense with proceedings under the call (IV, 3036). The Sergeant-at-Arms is required to arrest Members wherever they may be found (IV, 3017), and the former leave for a committee to sit during sessions did not release its members from liability to arrest (IV, 3020). A motion to require the Sergeant-at-Arms to report progress in securing a quorum is in order during a call of the House (VI, 687). A Member who appears and answers is not subject to arrest (IV, 3019), and in a case in which a Member complained of wrongful arrest the House ordered the Sergeant-at-Arms to investigate and amend the return of his warrant (IV, 3021). A Member once arrested having escaped it was held that he might not be brought back on the same warrant (IV, 3022). A privileged motion to compel the attendance of absent Members is in order after the Chair has announced that a quorum has not responded on a negative recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386). |
| Sec. 1024. Motions during a call. | During the call, which in later practice has been invoked only in the absence of a quorum, incidental motions may be agreed to by less than a quorum (IV, 2994, 3029; VI, 681), and under clause 7 (formerly clause 6(a)(4) of rule XV) a point of order of no quorum may not be made during the offering, consideration, and disposition of any motion incidental to a call of the House. This includes motions for the previous question (V, 5458), to reconsider and to lay the motion to reconsider on the table (V, 5607, 5608), to adjourn, which is in order even in the midst of the call of the roll for excuses (IV, 2998) or while the House is dividing on a motion for a call of the House (VIII, 2644), and which takes precedence over a motion to dispense with further proceedings under the call (VIII, 2643), and an appeal from a decision of the Chair (IV, 3010, 3037; VI, 681). The yeas and nays may also be ordered (IV, 3010), but a question of privilege may not be raised unless connected immediately with the proceedings (III, 2545). Motions not strictly incidental to the call are not admitted, as for a recess (IV, 2995, 2996), to excuse a Member from voting even when otherwise in order (IV, 3007), to enforce the statute relating to deductions of pay of Members for absence (IV, 3011; VI, 682), to construe a rule or make a new rule (IV, 3008), or to order a change of a Journal record (IV, 3009). An appeal also may not be entertained during a call of the yeas and nays (V, 6051). A motion for a call of the House is not debatable (VI, 683, 688). The motion to compel the attendance of absent Members, being neither debatable nor amendable, is not subject to a motion to lay on the table (Speaker Wright, Nov. 2, 1987, p. 30389). |
| Sec. 1024a. ``Provisional quorum.'' | (c)(1) If the House should be without a quorum due to catastrophic circumstances, then-- |
| Sec. 1024b. Accounting for vacancies. | (d) Upon the death, resignation, expulsion, disqualification, removal, or swearing of a Member, the whole number of the House shall be adjusted accordingly. The Speaker shall announce the adjustment to the House. Such an announcement shall not be subject to appeal. In the case of a death, the Speaker may lay before the House such documentation from Federal, State, or local officials as the Speaker deems pertinent. |
| Sec. 1025. The call of the House in the new form. | 6. (a) When a quorum fails to vote on a question, a quorum is not present, and objection is made for that cause (unless the House shall adjourn)-- |
| Sec. 1026. Conduct of the call in the new form. | Under this clause the roll is called twice, and those appearing after their names are called may vote (IV, 3052). A motion to adjourn may be made before the call begins (IV, 3050). After the roll has been called, and while the proceedings to obtain a quorum are going on, motions to excuse Members are in order (IV, 3051). |
| Sec. 1027. Quorum; when not required. | 7. (a) The Speaker may not entertain a point of order that a quorum is not present unless a question has been put to a vote. |
| Sec. 1028. Speaker's discretion to recognize for motion for call of House. | (b) Subject to paragraph (c) the Speaker may recognize a Member, Delegate, or Resident Commissioner to move a call of the House at any time. When a quorum is established pursuant to a call of the House, further proceedings under the call shall be considered as dispensed with unless the Speaker recognizes for a motion to compel attendance of Members under clause 5(b). |
| Sec. 1029. Relation of previous question to failure of a quorum. | (c) A call of the House shall not be in order after the previous question is ordered unless the Speaker determines by actual count that a quorum is not present. |
| 1030. Postponing record votes on passage. | 8. (a)(1) When a recorded vote is ordered, or the yeas and nays are ordered, or a vote is objected to under clause 6-- |
| Sec. 1031. Former pairs. | Former clause 2 of rule VIII was adopted in 1880, although the practice of pairing had then existed in the House for many years (V, 5981). The language of the clause was slightly altered by amendment in 1972 to reflect the installation of electronic voting in the 93d Congress (H. Res. 1123, Oct. 13, 1972, pp. 36005-12). It was amended in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20) to permit pairs to be announced in the Committee of the Whole. Former clause 2 of rule VIII was deleted in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). ``Live'' pairs still may be announced under clause 3 of rule XX (Sec. 1015, supra). |
| 1032. ``15and5'' voting. | 9. The Speaker may reduce to five minutes the minimum time for electronic voting on any question arising without intervening business after an electronic vote on another question if notice of possible five-minute |
| 1033. Yeas and nays ordered on certain questions. | 10. The yeas and nays shall be considered as ordered when the Speaker puts the question on passage of a bill or joint resolution, or on adoption of a conference report, making general appropriations, or increasing Federal income tax rates (within the meaning of clause 5 of rule XXI), or on final adoption of a concurrent resolution on the budget or conference report thereon. |
| 1034. Elections by ballot. | 11. In a case of ballot for election, a majority of the votes shall be necessary to an election. When there is not such a majority on the first ballot, the process shall be repeated until a majority is obtained. In all balloting blanks shall be rejected, may not be counted in the enumeration of votes, and may not be reported by the tellers. |
| 1035. Reservation of points of order. | 1. At the time a general appropriation bill is reported, all points of order against provisions therein shall be considered as reserved. |
| 1036. Unauthorized appropriations in reported general appropriation bills or amendments thereto. | 2. (a)(1) An appropriation may not be reported in a general appropriation bill, and may not be in order as an amendment thereto, for an expenditure not previously authorized by law, except to continue appropriations for public works and objects that are already in progress. |
| Sec. 1037. Reappropriations prohibited. | (2) A reappropriation of unexpended balances of appropriations may not be reported in a general appropriation bill, and may not be in order as an amendment thereto, except to continue appropriations for public works and objects that are already in progress. This subparagraph does not apply to transfers of unexpended balances within the department or agency for which they were |
| Sec. 1038. Legislation in reported general appropriation bills; exceptions. | (b) A provision changing existing law may not be reported in a general appropriation bill, including a provision making the availability of funds contingent on the receipt or possession of information not required by existing law for the period of the appropriation, except germane provisions that retrench expenditures by the reduction of amounts of money covered by the bill (which may include those recommended to the Committee on Appropriations by direction of a legislative committee having jurisdiction over the subject matter) and except rescissions of appropriations contained in appropriation Acts. |
| Sec. 1039. Legislation or limitations in amendments to general appropriation bills. | (c) An amendment to a general appropriation bill shall not be in order if changing existing law, including an amendment making the availability of funds contingent on the receipt or possession of information not required by existing law for the period of the appropriation. Except as provided in paragraph (d), an amendment proposing a limitation not specifically contained or authorized in existing law for the period of the limitation shall not be in order during consideration of a general appropriation bill. |
| Sec. 1040. Motion to rise and report as preferential to amendments. | (d) After a general appropriation bill has been read for amendment, a motion that the Committee of the Whole House on the state of the Union rise and report the bill to the House with such amend |
| Sec. 1041. Designated emergencies in reported appropriation bills. | (e) A provision other than an appropriation designated an emergency under section 251(b)(2) or section 252(e) of the Balanced Budget and Emergency Deficit Control Act, a rescission of budget authority, or a reduction in direct spending or an amount for a designated emergency may not be reported in an appropriation bill or joint resolution containing an emergency designation under section 251(b)(2) or section 252(e) of such Act and may not be in order as an amendment thereto. |
| Sec. 1042. Offsetting amendments en bloc to appropriation bills. | (f) During the reading of an appropriation bill for amendment in the Committee of the Whole House on the state of the Union, it shall be in order to consider en bloc amendments proposing only to transfer appropriations among objects in the bill without increasing the levels of budget authority or outlays in the bill. When considered en bloc under this paragraph, such amendments may amend portions of the bill not yet read for amendment (following disposition of any points |
| Sec. 1043. History of clause 2 of rule XXI. | The 25th Congress in 1837 was the first to adopt a rule prohibiting appropriations in a general appropriation bill or amendment thereto not previously authorized by law, in order to prevent delay of appropriation bills because of contention over propositions of legislation. In 1838 that Congress added the exception to permit unauthorized appropriations for continuation of works in progress and for contingencies for carrying on departments of the Government. The rule remained in that form until the 44th Congress in 1876, when William S. Holman of Indiana persuaded the House to amend the rule to permit germane legislative retrenchments. In 1880, the 46th Congress dropped the exception that permitted unauthorized appropriations for contingencies of Government departments, and modified the ``Holman Rule'' to define retrenchments as the reduction of the number and salary of officers of the United States, the reduction of compensation of any person paid out of the Treasury of the United States, or the reduction of the amounts of money covered by the bill. That form of the retrenchment exception remained in place until the 49th Congress in 1885, when it was dropped until the 52d Congress in 1891, and then reinserted through the 53d Congress until 1894. It was again dropped in the 54th Congress from 1895 until reinserted in the 62d Congress in 1911 (IV, 3578; VII, 1125). |
| Sec. 1044. Points of order on general appropriation bills generally. | As the rule applies only to general appropriation bills, which are not enumerated or defined in the rules (VII, 1116), bills appropriating only for one purpose have been held not to be ``general'' within the meaning of this clause (VII, 1122). The following have been held not to be ``general appropriation bills'' within the purview of this clause: (1) a joint resolution providing an appropriation for a single Government |
| Sec. 1044a. Points of order on general appropriation bills, deliberation of. | To resolve an ambiguity when ruling on a point of order, the Chair may: (1) examine legislative history established during debate on an amendment against which a point of order has been reserved (June 14, 1978, p. 17651); (2) inquire after its author's intent (Oct. 29, 1991, p. 28818); or (3) examine the accompanying report to determine the intent of the section (June 25, 2004, p. _). |
| Sec. 1044b. Motion to rise and report. | Where the reading of a general appropriation bill for amendment has been completed (or dispensed with), including the last paragraph of the bill containing the citation to the short title (July 30, 1986, p. 18214), the Chair (under the former form of the rule, which made the preferential motion available to any Member) might first inquire whether any Member sought to offer an amendment (formerly, one not prohibited by clauses 2(a) or (c)) before recognizing Members to offer limitation or retrenchment amendments (June 2, 1983, p. 14317; Sept. 22, 1983, p. 25406; Oct. 27, 1983, p. 29630), including pro forma amendments (Aug. 2, 1989, p. 18126). Pursuant to clause 2(d), a motion that the Committee rise and report the bill to the House with such amendments as may have been adopted is not debatable (Apr. 23, 1987, p. 9613) and takes precedence over any amendment (formerly only over a limitation or retrenchment amendment) (July 30, 1985, p. 21534; July 23, 1986, p. 17431; Apr. 23, 1987, p. 9613), but only after completion of the reading and disposition of amendments not otherwise precluded (June 30, 1992, p. 17135). Thus a motion that the Committee rise and report the bill to the House with the recommendation that it be recommitted, with instructions to report back to the House with an amendment proposing a limitation, does not take precedence over the motion to rise and report the bill to the House with such amendments as may have been adopted (Sept. 19, 1983, p. 24647 (sustained on appeal)). An amendment not only reducing an amount in a paragraph of an appropriation bill but also limiting expenditure of those funds on a particular |
| Sec. 1045. Authorization of law for appropriations. | A treaty may provide the authorization by existing law required in the rule to justify appropriations if it has been ratified by the contracting parties (IV, 3587); however, where existing law authorizes appropriations for the U.S. share of facilities to be recommended in an agreement with another country containing specified elements, an agreement in principle with that country predating the authorization law and lacking the required elements is insufficient authorization (June 28, 1993, p. 14421). An Executive Order does not constitute sufficient authorization in law absent proof of its derivation from a statute enacted by Congress authorizing the order and expenditure of funds (June 15, 1973, p. 19855; June 25, 1974, p. 21036). Thus a Reorganization Plan submitted by the President pursuant to 5 U.S.C. 906 has the status of statutory law when it becomes effective and is sufficient authorization to support an appropriation for an office created by Executive Order issued pursuant to the Reorganization Plan (June 21, 1974, p. 20595). A constitutional guarantee of just compensation for a governmental taking of private property for public use does not itself constitute sufficient authorization by law for appropriations in a general appropriation bill for compensation of particular private property owners (July 18, 2001, pp. 13662-65; cf. VII, 1144). |
| Sec. 1046. Authorization for claims and salaries. | Judgments of courts certified to Congress in accordance with law or authorized by treaty (IV, 3634, 3635, 3644) and audited under authority of law have been held to be authorization for appropriations for the payment of claims (IV, 3634, 3635). However, unadjudicated claims (IV, 3628), even though ascertained and transmitted by an executive officer (IV, 3625-3640), and findings filed under the Bowman Act do not constitute authorization (IV, 3643). |
| Sec. 1047. Authorizations for public works. | An appropriation for a public work in excess of a fixed limit of cost (IV, 3583, 3584; VII, 1133), or for extending a service beyond the limits assigned by an executive officer exercising a lawful discretion (IV, 3598), or by actual law (IV, 3582, 3585), or for purposes prohibited by law are out of order (IV, 3580, 3581, 3702), as is an appropriation from the Highway Trust Fund where the project is specifically authorized from the general fund (Sept. 23, 1993, p. 22175). However, the mere appropriation of a sum to complete a work does not fix a limit of cost such as would exclude future appropriations (IV, 3761). A declaration of policy in an act followed by specific provisions conferring authority upon a governmental agency to perform certain functions was construed not to authorize appropriations for purposes germane to the policy but not specifically authorized by the act (VII, 1200). A point of order will not lie against an amendment proposing to increase a lump sum for public works projects where language in the bill limits use of the |
| Sec. 1048. Continuation of a public work by appropriations. | The provision excepting public works and objects that are already in progress from the requirement that appropriations be authorized by existing law (IV, 3578) has historically been applied only in cases of general revenue funding (Sept. 22, 1993, p. 22140; Sept. 23, 1993, p. 22173). An appropriation in violation of existing law or to extend a service beyond a fixed limit is not in order as the continuance of a public work (IV, 3585, 3702-3724; VII, 1332; Sept. 23, 1993, p. 22173; Deschler, ch. 26, Sec. 8.9). The ``works in progress'' exception may not be invoked to fund a project governed by a lapsed authorization and may not be invoked to fund a project that is not yet under construction (July 31, 1995, p. 21207). Where existing law (40 U.S.C. 3307) specifically prohibits the making of an appropriation to construct or alter any public building involving more than a certain amount of money unless approved by the House and Senate Public Works Committees, an appropriation for such purposes not authorized by both committees is out of order notwithstanding the ``works in progress'' exemption, because the law specifically precludes the appropriation from being made (June 8, 1983, p. 14855). An appropriation from the Highway Trust Fund for an ongoing project was held not in order under the ``works in progress'' exception where the Internal Revenue Code ``occupied the field'' with a comprehensive authorization scheme not embracing the specified project (Sept. 22, 1993, p. 22140; Sept. 23, 1993, p. 22173). Interruption of a work does not necessarily remove it from the privileges of the rule (IV, 3705-3708); but the continuation of the work must not be so conditioned in relation to place as to become a new work (IV, 3704). It has been held that a work has not begun within the meaning of the rule when an appropriation has been made for a site for a public building (IV, 3785), or when a commission has been created to select a site or when a site has actually been selected for a work (IV, 3762, 3763), or when a survey has been made (IV, 3782-3784). ``Public works and objects already in progress'' include tangible matters like buildings, roads, etc., but not duties of officials in executive departments (IV, 3709-3713), or the continuance of a work indefinite as to completion and intangible in nature like the gauging of streams (IV, 3714, 3715). A general system of roads on which some work has been done, or an extension of an existing road (Sept. 22, 1993, p. 22140), may not be admitted as a work in progress (VII, 1333). |
| Sec. 1049. Examples illustrating the continuation of a public work. | Thus the continuation of the following works has been admitted: a topographical survey (IV, 3796, 3797; VII, 1382), a geological map (IV, 3795), marking of a boundary line (IV, 3717), marking graves of soldiers (IV, 3788), a list of claims (IV, 3717), and recoinage of coins in the Treasury (IV, 3807); but the following works have not been admitted: Investigation of materials, like coal (IV, 3721), scientific investigations (IV, 3719; VII, 1345), duties of a commission (IV, 3720; VII, 1344), extension of foreign markets for goods (IV, 3722), printing of a series of opinions indefinite in continuance (IV, 3718), free evening lectures in the District of Columbia (IV, 3789), certain ongoing projects from the Highway Trust Fund (Sept. 22, 1993, pp. 22140; Sept. 23, 1993, p. 22173), extension of an existing road (Sept. 22, 1993, p. 22140), continuation of an extra compensation for ordinary facility for carrying the mails (IV, 3808), although the continuation of certain special mail facilities has been admitted (IV, 3804-3806). However, appropriations for rent and repairs of buildings or Government roads (IV, 3793, 3798) and bridges (IV, 3803) have been admitted as in continuation of a work (IV, 3777, 3778), although it is not in order as such to provide for a new building in place of one destroyed (IV, 3606). It is not in order to repair paving adjacent to a public building but in a city street, although it may have been laid originally by the Government (IV, 3779). The purchase of adjoining land for a work already established has been admitted under this principle (IV, 3766-3773) as have additions to existing buildings in cases in which no limits of cost have been shown (IV, 3774, 3775). However, the purchase of a separate and detached lot of land is not admitted (IV, 3776). The continuation of construction at the Kennedy Library, a project owned by the United States and funded by a prior year's appropriation, has been admitted notwithstanding the absence of any current authorization (June 14, 1988, p. 14335). A provision of law authorizing Commissioners of the District of Columbia to take over and operate the fish wharves of the city of Washington was held insufficient authority to admit an appropriation for reconstructing the fish wharf (VII, 1187). |
| Sec. 1050. New buildings at existing institutions as in continuance of a public work. | Appropriations for new buildings at Government institutions have sometimes been admitted (IV, 3741-3750) when intended for the purposes of the institution (IV, 3747); but later decisions, in view of the indefinite extent of the practice made possible by the early decisions, have ruled out propositions to appropriate for new buildings in navy yards (IV, 3755-3759) and other establishments (IV, 3751-3754). Appropriations for new schoolhouses in the District of Columbia (IV, 3750; VII, 1358), for new Army hospitals (IV, 3740), for new lighthouses (IV, 3728), armor-plate factories (IV, 3737-3739), and for additional playgrounds for |
| Sec. 1051. New vessel for naval and other services as in continuation of a public work. | By a former broad construction of the rule an appropriation of a new and not otherwise authorized vessel of the Navy had been held to be a continuance of a public work (IV, 3723, 3724); but this line of decisions has been overruled (VII, 1351; Jan. 22, 1926, p. 2621). Although appropriations for new construction and procurement of aircraft and equipment for the Navy are not in order, appropriations for continuing experiments and development work on all types of aircraft are in order (Jan. 22, 1926, p. 2623). This former interpretation was confined to naval vessels, and did not apply to vessels in other services, like the Coast and Geodetic Survey or Lighthouse Service (IV, 3725, 3726), or to floating or stationary drydocks (IV, 3729-3736). The construction of a submarine cable in extension of one already laid was held not to be the continuation of a public work (IV, 3716), but an appropriation for the Washington-Alaska military cable has been held in order (VII, 1348). |
| Sec. 1052. Legislation generally. | A provision changing existing law is construed to mean the enactment of law where none exists (IV, 3812, 3813). For example, the following provisions have been held out of order: (1) permitting funds to remain available until expended or beyond the fiscal year covered by the bill where existing law does not permit such availability (Aug. 1, 1973, p. 27288; June 9, 2006, p. _); (2) permitting funds to be available immediately upon enactment before the fiscal year covered by the bill (July 29, 1986, p. 17981; June 28, 1988, p. 16255); (3) permitting funds to be available to the extent provided in advance in appropriation Acts but not explicitly beyond the fiscal year in question (July 21, 1981, p. 16687); or (4) setting a floor on spending that is not established by existing law (July 23, 2003, pp. 19228, 19229). |
| Sec. 1053. Limitations on appropriations generally. | Although the rule forbids a provision ``changing existing law,'' the House, by practice, has established the principle that certain ``limitations'' may be admitted. Just as the House may decline to appropriate for a purpose authorized by law, so may it by limitation prohibit the use of the money for part of the purpose while appropriating for the remainder of it (IV, 3936; VII, 1595). Paragraph (c) prohibits consideration of limitation amendments during the reading of the bill by paragraph unless specifically authorized by existing law for the period of the limitation, even if the amendment is expanding a limitation already in the bill (July 23, 2003, p. 19238). |
| Sec. 1054. New duties or determinations; executive discretion. | Propositions to establish affirmative directions for executive officers (IV, 3854-3859; VII, 1443; July 31, 1969, p. 21675; June 18, 1979, p. 15286; July 1, 1987, pp. 18654, 18655; June 27, 1994, p. 14572), even in cases in which they may have discretion under the law so to do (IV, 3853; June 4, 1970, p. 18401; Aug. 8, 1978, p. 24959), or to affirmatively take away an authority or discretion conferred by law (IV, 3862, 3863; VII, 1975; Mar. 30, 1955, p. 4065; June 21, 1974, p. 20600; July 31, 1985, p. 21909), are subject to a point of order. |
| Sec. 1055. Contingencies and congressional actions. | An amendment making an appropriation contingent upon a recommendation (June 27, 1979, p. 17054) or action not specifically required by law is legislation; such as a provision limiting the use of funds in a bill ``unless'' or ``until'' an action contrary to existing law is taken (Deschler, ch. 26, Sec. 47.1; July 24, 1996, p. 18888). Where existing law requires an agency to furnish certain information to congressional committees upon request, without a subpoena, it is not in order to make funding for that agency contingent upon its furnishing information to subcommittees upon request (July 30, 1980, p. 20475), or contingent upon submission of an agreement by a Federal official to Congress and congressional review thereof (July 31, 1986, p. 18370). Similarly, it is not in order to condition funds on legal determinations to be made by a Federal court and an executive department (June 28, 1988, p. 16261; see Deschler, ch. 26, Sec. 47.2). |
| Sec. 1056. Construing or amending existing law. | A provision proposing to construe existing law is itself legislative and therefore not in order (IV, 3936-3938; May 2, 1951, p. 4747; July 26, 1951, p. 8982). However, an official's general responsibility to construe the language of a limitation on the use of funds, absent imposition of an affirmative direction not required by law, does not destroy the validity of a limitation (June 27, 1974, pp. 21687-94). |
| Sec. 1057. Mandating expenditures. | A provision that mandates a distribution of funds in contravention of an allocation formula in existing law is legislation (July 29, 1982, pp. 18637, 18638; Oct. 5, 1983, p. 27335; Aug. 2, 1989, p. 18123; July 24, 1995, p. 20141), as is an amendment that by such a mandate interferes with an executive official's discretionary authority (Mar. 12, 1975, p. 6338), or requires not less than a certain sum to be used for a particular purpose where existing law does not mandate such expenditure (June 18, 1976, p. 19297; July 29, 1982, p. 18623) (including by stating that not less than a certain sum ``should be allocated'' (June 9, 2006, p. _)), or earmarks appropriated funds to the arts and requires their expenditure pursuant to standards otherwise applicable only as guidelines (July 12, 1989, p. 14432). Where existing law directed a Federal official to provide for sale of certain Government property to a private organization in ``necessary'' amounts, an amendment providing that no such property be withheld from distribution from qualifying purchasers was legislation, because requiring disposal of all property and restricting discretionary authority to determine ``necessary'' amounts (Aug. 7, 1978, p. 24707). An amendment directing the use of funds to assure compliance with an existing law, where existing law does not so mandate, also is legislation (June 24, 1976, p. 20370). So-called ``hold-harmless'' provisions that mandate a certain level of expenditure for certain purposes or recipients, where existing law confers discretion or makes ratable reductions in such expenditures, also constitute legislation (Apr. 16, 1975, p. 10357; June 25, 1976, p. 20557). A transfer of available funds from one department to another with directions as to the use to which those funds must be put is legislation (and also a reappropriation in violation of clause 2(a)(2) of this rule) (Dec. 8, 1982, p. 29449). A provision requiring States to match funds provided in an appropriation bill was held to constitute legislation where existing law contained no such requirement (June 28, |
| Sec. 1058. Waivers; amending legislation permitted to remain. | The House may, by agreeing to a report from the Committee on Rules or by adopting an order under suspension of the rules, allow legislation on general appropriation bills (IV, 3260-3263, 3839-3845). Where an unauthorized appropriation or legislation is permitted to remain in a general appropriation bill by waiver or by failure to raise a point of order, an amendment merely changing that amount and not adding legislative language or earmarking separate funds for another unauthorized purpose is in order (IV, 3823-3835, 3838; VII, 1405, 1413- 1415; June 9, 1954, p. 5963; July 27, 1954, p. 12287; Oct. 1, 1975, p. 31058; June 8, 1977, p. 17941; July 17, 1985, p. 19435; Sept. 11, 1985, p. 23398; June 14, 1988, p. 14341). However, this does not permit an amendment that adds additional legislation (IV, 3836, 3837, 3862; VII, 1402-1436; Dec. 9, 1971, p. 4595; Aug. 1, 1973, p. 27291; June 10, 1977, p. 1802; July 30, 1985, p. 21532; July 23, 1986, p. 17446; June 26, 1987, p. 17655; June 28, 1988, pp. 16203, 16213; Aug. 2, 1989, p. 18172; Nov. 15, 1989, p. 29004; June 23, 1998, p. 13475; July 13, 2000, p. 14093; June 26, 2007, p. _), proposes a new unauthorized purpose (Dec. 8, 1971, p. 45487; Aug. 7, 1978, pp. 24710-12; May 25, 1988, p. 12256), earmarks for unauthorized purposes (July 17, 1985, p. 19435; July 17, 1986, p. 16918; July 26, 1995, p. 20528; June 5, 1996, p. 13120), earmarks by directing a new use of funds not required by law (July 26, 1985, pp. 20811, 20813), or increases an authorized amount above the authorized ceiling (Aug. 4, 1999, p. 19513). |
| Sec. 1059. Senate amendments. | The principle seems to be generally well accepted that the House proposing legislation on a general appropriation bill should recede if the other House persists in its objection (IV, 3904-3908), and clause 5 of rule XXII (Sec. 1076, infra) prohibits House conferees from agreeing to a Senate amendment that proposes legislation on an appropriation bill without specific authority from the House. However, where a Senate amendment proposing legislation on |
| Sec. 1062. Legislation reducing expenditures. | Decisions under the so-called ``Holman Rule'' in clause 2 of rule XXI have been rare in the modern practice of the House. The trend in construing language in general appropriation bills or amendments thereto has been to minimize the importance of the ``Holman Rule'' in those cases in which the decision can be made on other grounds. The practice of using limitations in appropriation bills has been perfected in recent years so that most modern decisions by the Chair deal with distinctions between such limitations and matters that are considered to be legislation (see Sec. Sec. 1053-1057, supra). Under the modern practice, the ``Holman Rule'' only applies where an obvious reduction is achieved by the provision in question and does not apply to limiting language unaccompanied by a reduction of funds in the bill (July 16, 1979, pp. 18808-10). It has no application to an amendment to an appropriation bill that does not legislate but is merely a negative limitation citing but not changing existing law (June 18, 1980, p. 15355). |
| Sec. 1063. Reappropriations. | This provision from section 139(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190f(c)) was made part of the standing rules in the 83d Congress (Jan. 3, 1953, p. 24). Previously, a reappropriation of an unexpended balance for an object authorized by law was in order on a general appropriation bill (IV, 3591, 3592; VII, 1156, 1158). This clause was amended in the 99th Congress by section 228(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177) to permit the Committee on Appropriations to report certain transfers of unexpended balances. Consistent with clause 2 of rule XXI, and as codified in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47), violations of this clause are enforced only against specific provisions in general appropriation bills containing reappropriations rather than against consideration of the bill (see Deschler, ch. 25, Sec. 3). |
| Sec. 1063a. Offsetting en bloc amendments. | To invoke the protection of clause 2(f), an amendment must not increase the levels of budget authority or outlays carried in the bill (Aug. 4, 1999, p. 19513; July 12, 2000, p. 14071; July 13, 2004, pp. _, _); and the proponent of an amendment carries the burden of so proving (see Sec. 1044a, supra). An amendment otherwise in order under this paragraph may nevertheless be in violation of clause 2(a)(1) if increasing an appropriation above the authorized amount contained in the bill (Aug. 4, 1999, p. 19513). The Chair will query for points of order against provisions of a bill not yet read when they are addressed by an offsetting amendment under this paragraph (e.g., May 17, 2005, p. _). |
| 1064. Transportation obligation limitations. | 3. It shall not be in order to consider a bill, joint resolution, amendment, or conference report that would cause obligation limitations to be below the level for any fiscal year set forth in section 8003 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, as adjusted, for the highway category or the mass transit category, as applicable. For purposes of this clause, any obligation limitation relating to surface transportation projects under section 1602 of the Transportation Equity Act for the 21st Century and section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users shall be assumed to be administered on the basis of sound program management practices that are consistent with past practices of the administering agency permitting |
| Sec. 1064a. Funding for aviation programs. | Section 48114 of title 49 (a provision first added by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (sec. 106, P.L. 106-181), and extended to 2007 by its reenactment in title 49 (sec. 104, P.L. 108- 176)) provides a point of order to enforce guarantees of total budget resources in a fiscal year for certain aviation investment programs as follows: |
| 1065. Restriction of power to report appropriations. | 4. A bill or joint resolution carrying an appropriation may not be reported by a committee not having jurisdiction to report appropriations, and an amendment proposing an appropriation shall not be in order during the consideration of a bill or joint resolution reported by a committee not having that jurisdiction. A point of order against an appropriation in such a bill, joint resolution, or amendment thereto may be raised at any time during pendency of that measure for amendment. |
| 1066. Restriction on bills and amendments carrying taxes or tariffs. | 5. (a)(1) A bill or joint resolution carrying a tax or tariff measure may not be reported by a committee not having jurisdiction to report tax or tariff measures, and an amendment in the House or proposed by the Senate carrying a tax or tariff measure shall not be in order during the consideration of a bill or joint resolution reported by a committee not having that jurisdiction. A point of order against a tax or tariff measure in such a bill, joint resolution, or amendment thereto may be raised at any time during pendency of that measure for amendment. |
| 1067. Threefifths vote to increase income tax rates. | (b) A bill or joint resolution, amendment, or conference report carrying a Federal income tax rate increase may not be considered as passed or |
| 1068. Prohibition against retroactive income tax rate increase. | (c) It shall not be in order to consider a bill, joint resolution, amendment, or conference report carrying a retroactive Federal income tax rate increase. In this paragraph-- |
| 1068a. Restriction on designation of public works. | 6. It shall not be in order to consider 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. |
| Sec. 1068b. Restriction on reconciliation directives. | 7. It shall not be 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 reducing the surplus or increasing the deficit for either period described in clause 10(a). In determining whether reconciliation directives specify changes in law reducing the surplus or increasing the deficit, the sum of the directives for each reconciliation bill (under section 310 of the Congressional Budget Act of 1974) envisioned by that measure shall be evaluated. |
| Sec. 1068c. Budget Act points of order. | 8. With respect to measures considered pursuant to a special order of business, points of order under title III of the Congressional Budget Act of 1974 shall operate without regard to whether the measure concerned has been reported from committee. Such points of order shall operate with respect to (as the case may be)-- |
| Sec. 1068d. Congressional earmarks. | (1) a bill or joint resolution reported by a committee unless the report includes a list of congressional earmarks, limited tax benefits, and limited tariff benefits in the bill or in the report (and the name of any Member, Delegate, or Resident Commissioner who submitted a request to the committee for each respective item included in such list) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits; |
| Sec. 1068e. Payasyougo point of order. | 10. (a)(1) Except as provided in paragraphs (b) and (c), it shall not be in order to consider any bill, joint resolution, amendment, or conference report if the provisions of such measure affecting direct spending and revenues have the net effect of increasing the deficit or reducing the surplus for either the period comprising-- |
| 1069. Motion for conference. | 1. A motion to disagree to Senate amendments to a House proposition and to request or agree to a conference with the Senate, or a motion to insist on House amendments to a Senate proposition and to request or agree to a conference with the Senate, shall be privileged in the discretion of the Speaker if offered by direction of the primary committee and of all reporting committees that had initial referral of the proposition. |
| Sec. 1070. Motion for conference. | The motion to send a bill to conference under this clause is in order notwithstanding the fact that the stage of disagreement has not been reached (Aug. 1, 1972, p. 26153). On a bill that has been initially referred and reported in the House, the motion must be authorized by all committees reporting thereon (Sept. 26, 1978, p. 31623). However, a committee receiving sequential referral of a bill or not reporting thereon need not authorize the motion (Oct. 4, 1994, p. 27643). This clause was recodified in the 106th Congress to reflect this practice (H. Res. 5, Jan. 6, 1999, p. 47). On a Senate bill with |
| Sec. 1071. Privilege of certain Senate amendments. | 2. A motion to dispose of House bills with Senate amendments not requiring consideration in the Committee of the Whole House on the state of the Union shall be privileged. |
| Sec. 1072. Consideration of Senate amendments in Committee of the Whole. | 3. Except as permitted by clause 1, before the stage of disagreement, a Senate amendment to a House bill or resolution shall be subject to the point of order that it must first be considered in the Committee of the Whole House on the state of the Union if, originating in the House, it would be subject to such a point under clause 3 of rule XVIII. |
| Sec. 1073. Consideration of Senate amendments in Committee of the Whole. | Although a Senate amendment that is merely a modification of a House proposition, such as the increase or decrease of the amount of an appropriation, and does not involve new and distinct expenditure, may not be required to be considered in Committee of the Whole (IV, 4797-4806; VIII, 2382-2385), where the question was raised against a Senate amendment that on its face apparently placed a charge upon the Treasury, the Speaker held it devolved upon those opposing the point of order to cite proof to the contrary (VIII, 2387). When an amendment is offered in the House to provide an appropriation for another purpose than that of the Senate amendment, the House resolves into Committee of the Whole to consider it (IV, 4795). When an amendment is referred, the entire bill goes to the Committee of the Whole (IV, 4808), but the Committee considers only the Senate amendment (V, 6192). It usually considers all the amendments, although they may not all be within the rule requiring such consideration (V, 6195). In Committee of the Whole a Senate amendment, even though it be very long, is considered as an entirety and not by paragraphs or sections (V, 6194). When reported from the Committee of the Whole, Senate amendments are voted on en bloc and only those amendments on which a separate vote is demanded are voted on severally (VIII, 3191). It has been held that each amendment is subject to general debate and amendment under the five- minute rule (V, 6193, 6196). The requirement of this clause that certain Senate amendments be considered in Committee of the Whole applies only before the stage of disagreement has been reached on the Senate amendment, and it is too late after the House has disagreed thereto and the amendments have been reported from conference in disagreement to raise a point of order that Senate amendments should have been considered in Committee of the Whole (Oct. 20, 1966, p. 28240; Dec. 4, 1975, p. 38714). The Committee on Rules may recommend a special order of business providing that a Senate amendment pending at the Speaker's table and otherwise requiring consideration in Committee of the Whole under this clause be ``hereby'' adopted, which special order, if adopted, would obviate the requirement of this clause (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993, p. 2500). |
| Sec. 1074. Stage of disagreement between Houses. | When the stage of disagreement has been reached on a bill with amendments of the other House, motions to dispose of said amendments are privileged in the House (clause 4 of rule XXII; IV, 3149, 3150; VI, 756; VIII, 3185, 3194). The stage of disagreement between the two Houses is reached after the House in possession of the papers has either disagreed to the amendment(s) of the other House or has insisted on its own amendment to a measure of the other House (Sept. 16, 1976, p. 30868), and not merely where the other House has returned a bill with an amendment (Dec. 7, 1977, p. 38728). Thus, where the House concurred in a Senate amendment to a House bill with an amendment, insisted on the amendment and requested a conference, and the Senate then concurred in the |
| Sec. 1075. Privilege when stage of disagreement reached. | 4. When the stage of disagreement has been reached on a bill or resolution with House or Senate amendments, a motion to dispose of any amendment shall be privileged. |
| Sec. 1076. Conferees may not agree to certain Senate amendments. | 5. (a) Managers on the part of the House may not agree to a Senate amendment described in paragraph (b) unless specific authority to agree to the amendment first is given by the House by a separate vote with respect thereto. If specific authority is not granted, the Senate amendment shall be reported in disagreement by the conference committee back to the two Houses for disposition by separate motion. |
| 1077. High privilege of conference reports; and form of accompanying statement. | 7. (a) The presentation of a conference report shall be in order at any time except during a reading of the Journal or the conduct of a record vote, a vote by division, or a quorum call. |
| Sec. 1078. Time for debate on motions to instruct. | (b)(1) Subject to subparagraph (2) the time allotted for debate on a motion to instruct managers on the part of the House shall be equally divided between the majority and minority parties. |
| Sec. 1079. Motions privileged after 20 calendar days and 10 legislative days of conference. | (c)(1) A motion to instruct managers on the part of the House, or a motion to discharge all managers on the part of the House and to appoint new conferees, shall be privileged after a conference committee has been appointed for 20 calendar days and 10 legislative days without making a report, but only on the day after the calendar day on which the Member, Delegate, or Resident Commissioner offering the motion an |
| Sec. 1080. The statement accompanying a conference report. | (e) Each conference report to the House shall be printed as a report of the House. Each such report shall be accompanied by a joint explanatory statement prepared jointly by the managers on the part of the House and the managers on the part of the Senate. The joint explanatory statement shall be sufficiently detailed and explicit to inform the House of the effects of the report on the matters committed to conference. |
| Sec. 1081. Unfunded mandates. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that requires a committee of conference to ensure that the Director of the Congressional Budget Office prepares a statement with respect to unfunded costs of any additional Federal mandate contained in the conference agreement. See Sec. 1127, infra. |
| Sec. 1082. Layover requirements. | 8. (a)(1) Except as specified in subparagraph (2), it shall not be in order to consider a conference report until-- |
| Sec. 1083. Consideration of amendments in disagreement. | (b)(1) Except as specified in subparagraph (2), it shall not be in order to consider a motion to dispose of a Senate amendment reported in disagreement by a conference committee until-- |
| Sec. 1084. Certain motions to insist as preferential. | (3) During consideration of a Senate amendment reported in disagreement by a conference committee on a general appropriation bill, a motion to insist on disagreement to the Senate amendment shall be preferential to any other motion to dispose of that amendment if the original motion offered by the floor manager proposes to change existing law and the motion to insist is offered before debate on the original motion by the chair of the committee having jurisdiction of the subject matter of the amendment or a designee. Such a preferential motion shall be separately debatable for one hour equally divided between its proponent |
| Sec. 1085. Certain conference reports considered as read. | (c) A conference report or a Senate amendment reported in disagreement by a conference committee that has been available as provided in paragraph (a) or (b) shall be considered as read when called up. |
| Sec. 1086. Debate. | (d)(1) Subject to subparagraph (2), the time allotted for debate on a conference report or on a motion to dispose of a Senate amendment reported in disagreement by a conference committee shall be equally divided between the majority and minority parties. |
| Sec. 1087. Waiver. | (e) Under clause 6(a)(2) of rule XIII, a resolution proposing only to waive a requirement of this clause concerning the availability of reports to Members, Delegates, and the Resident Commissioner may be considered by the House on the same day it is reported by the Committee on Rules. |
| Sec. 1088. Conferees may report germane modification of amendment in nature of substitute within scope of differences. | 9. Whenever a disagreement to an amendment has been committed to a conference committee, the managers on the part of the House may propose a substitute that is a germane modification of the matter in disagreement. The introduction of any language presenting specific additional matter not committed to the conference committee by either House |
| Sec. 1089. Nongermane matter in conference agreements and amendments in disagreement. | 10. (a)(1) A Member, Delegate, or Resident Commissioner may raise a point of order against nongermane matter, as specified in subparagraph (2), before the commencement of debate on-- |
| Sec. 1090. Nongermane matter in conference agreements. | The procedure provided in this clause for addressing nongermane matter in conference reports was first utilized on September 11, 1973 (pp. 29243-46), when the Chair sustained two points of order against portions of a conference report that were modifications of portions of a Senate amendment in the nature of a substitute not germane to a House bill. If any motion to reject is adopted under this clause and the matter then pending before the House consists of numbered Senate amendments in disagreement, the pending question is whether to dispose of each Senate amendment not rejected as recommended in the conference report and to insist on disagreement to those amendments that have been rejected. |
| Sec. 1091. Nongermane matter in amendments in disagreement. | The provisions of this clause addressing nongermane matter in amendments in disagreement was first utilized on July 31, 1974 (p. 26083), when the Chair sustained a point of order against a portion of a motion to recede and concur in a Senate amendment (reported from conference in disagreement) with a further amendment, on the ground that that portion of the Senate amendment contained in the motion was not germane to the House-passed measure, and a motion rejecting that portion of the motion to recede and concur with an amendment was offered and defeated. |
| Sec. 1092. Tax complexity analysis. | 11. It shall not be in order to consider a conference report to accompany a bill or joint resolution that proposes to amend the Internal Revenue Code of 1986 unless-- |
| Sec. 1093. Open conference meetings. | 12. (a)(1) Subject to subparagraph (2), a meeting of each conference committee shall be open to the public. |
| Sec. 1094. Text of conference reports. | 13. It shall not be in order to consider a conference report the text of which differs in any way, other than clerical, from the text that reflects the action of the conferees on all of the differences between the two Houses, as recorded by their placement of their signatures (or not) on the sheets prepared to accompany the conference report and joint explanatory statement of the managers. |
| Sec. 1095. Official conduct of Members, officers, or employees of the House. | 1. A Member, Delegate, Resident Commissioner, officer, or employee of the House shall behave at all times in a manner that shall reflect creditably on the House. |
| 1096. Limitation on accounts. | 1. (a) Except as provided in paragraph (b), a Member, Delegate, or Resident Commissioner may not maintain, or have maintained for the use of such individual, an unofficial office account. Funds may not be paid into an unofficial office account. |
| 1097. Limitations on use of frank. | 4. A Member, Delegate, or Resident Commissioner shall mail franked mail under section 3210(d) of title 39, United States Code at the most economical rate of postage practicable. |
| 1098. Travel by Members not reelected. | 10. Funds from the applicable accounts described in clause 1(j)(1) of rule X, including funds from committee expense resolutions, and funds in any local currencies owned by the United States may |
| 1099. Income limitations. | 1. (a) Except as provided by paragraph (b), a Member, Delegate, Resident Commissioner, officer, or employee of the House may not-- |
| 1100. Gift rule. | 5. (a)(1)(A)(i) A Member, Delegate, Resident Commissioner, officer, or employee of the House may not knowingly accept a gift except as provided in this clause. |
| Sec. 1101. Former rules on employment practices and application of certain laws. | The earliest form of the rule on ``employment practices'' was designated as rule LI. It grew out of the Fair Employment Practices Resolution first adopted in the 100th Congress (H. Res. 558, Oct. 3, 1988, p. 27840) and renewed in the 101st Congress (H. Res. 15, Jan. 3, 1989, p. 85). The terms of that resolution were incorporated by reference in a standing rule LI in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39), and were codified in full text, with certain amendments, in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). The Employment Practices rule was overtaken by the earliest form of ``application of certain laws,'' which was originally designated as LII in the 103d Congress (H. Res. 578, Oct. 7, 1994, p. 29326). The Application of Laws rule, in turn, was overtaken by |
| 1102. Officers and employees not to be agents of claims. | 6. A person may not be an officer or employee of the House, or continue in its employment, if acting as an agent for the prosecution of a claim against the Government or if interested in such claim, except as an original claimant or in the proper discharge of official duties. |
| Sec. 1102a. Lobbying contact with spouse of Member. | 7. A Member, Delegate, or Resident Commissioner shall prohibit all staff employed by that Member, Delegate, or Resident Commissioner (including staff in personal, committee, and leadershipoffices) from making any lobbying contact (as defined in section 3 of the Lobbying Disclosure Act of 1995) with that individual's |
| Sec. 1102b. Prohibition during political convention. | 8. During the dates on which the national political party to which a Member (including a Delegate or Resident Commissioner) belongs holds its convention to nominate a candidate for the officeof President or Vice President, the Member may not participate in an event honoring that Member, other than in the capacity as a candidate for such office, if such event is directly paid for by a registered lobbyist under the Lobbying Disclosure Act of 1995 or a private entity that retains or employs such a registered lobbyist. |
| Sec. 1103. Financial report disclosing certain financial interests. | 1. The Clerk shall send a copy of each report filed with the Clerk under title I of the Ethics in Government Act of 1978 within the seven-day period beginning on the date on which the report is filed to the Committee on Standards of Official Conduct. By August 1 of each year, the Clerk shall compile all such reports sent to the Clerk |
| Sec. 1103a. Employment negotiation disclosure. | 1. A Member, Delegate, or Resident Commissioner shall not directly negotiate or have any agreement of future employment or compensation, unless such Member, Delegate, or Resident Commissioner, within 3 business days after the commencement of such negotiation or agreement of future employment or compensation, files with the Committee on Standards of Official Conduct a statement, which must be signed by the Member, Delegate, or Resident Commissioner, regarding such negotiations or agreement, including the name of the private entity or entities involved in such negotiations or agreement, and the date such negotiations or agreement commenced. |
| Sec. 1104. Public debt limit. | 1. Upon adoption by Congress of a concurrent resolution on the budget under section 301 or 304 of the Congressional Budget Act of 1974 that sets forth, as the appropriate level of the public debt for the period to which the concurrent resolution relates, an amount that is different from the amount of the statutory limit on the public debt that otherwise would be in effect for that period, the Clerk shall prepare an engrossment of a joint resolution increasing or decreasing, as the case may be, the statutory limit on the public debt in the form prescribed in clause 2. Upon engrossment of the joint resolution, the vote by which the concurrent resolution on the budget was finally agreed to in the House shall also be considered as a vote on passage of the joint resolution in the |
| Sec. 1105. Relations of Jefferson's Manual and Legislative Reorganization Act of 1946 to the Rules of the House. | 1. The provisions of law that constituted the Rules of the House at the end of the previous Congress shall govern the House in all cases to which they are applicable, and the rules of parliamentary practice comprised by Jefferson's Manual shall govern the House in all |