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


[[Page i]]
 
                             HOUSE PRACTICE

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

                            Wm. Holmes Brown
                      Parliamentarian of the House
                               1974-1994

                           Charles W. Johnson
                       Parliamentarian of the House
                                 1994-

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[[Page iii]]

                                  PREFACE


      The procedures used in the House of Representatives, while rooted 
  in the Constitution and Jefferson's Manual and in many time-honored 
  House standing rules, have been greatly modified in the last quarter 
  century. A few incremental changes deserve mention. Voting practices 
  have changed. Debate has become more structured. Reliance on special 
  orders of business that vary the standing rules has replaced the use 
  of more traditional methods of considering legislation on the floor. 
  Multiplicity of committee jurisdictions has complicated the referral 
  and conference process. Budgetary disciplines have interposed 
  additional levels of decision making. Consolidation of methods for the 
  disposition of Senate amendments in conference have become 
  commonplace. In addition, several matters of constitutional 
  significance, including impeachment and presidential elections, have 
  commanded the attention of the House.
      In this second edition, attempt has been made to integrate the 
  long-established norms of House procedure with the innovations made 
  possible by technological advances and by reforms and disciplines 
  introduced by laws such as the Legislative Reorganization Act of 1970 
  and the Congressional Budget Act of 1974, by resolutions such as the 
  Committee Reform Amendments of 1974, and by changes in the House rules 
  adopted at the beginning of recent Congresses, including a 
  recodification of all the standing rules of the House in 1999. This 
  volume reflects the modern practice of the House as of the 108th 
  Congress.
      The rules, procedures, and precedents of the House sometimes are 
  seen as arcane and unnecessarily technical. Yet they are a 
  distillation of the collective wisdom and experience of legislators--
  some traditionalists, some reformers--who have enacted the laws that 
  have sustained our Nation for over two centuries. Through a 
  combination of the application of standing rules, tradition, 
  precedent, and ad hoc changes implemented by special rules, the system 
  has functioned. The authority and privileges vested in the majority 
  have allowed the business of the House to proceed. The various changes 
  in the standing rules have retained that fragile, albeit essential, 
  balance between the rights of the majority and those of the minority, 
  but not without periodic debates on the importance of that balance in 
  the context of consideration of special orders of business. 
  Understanding the parliamentary tools available to make the 
  legislative process work justifies the publication of this volume.

[[Page iv]]

      The scope of this work is limited. It is a summary review of 
  selected precedents and not an exhaustive survey of all applicable 
  rulings. The House Rules and Manual and the published volumes of House 
  precedents remain the primary sources for in-depth analysis and 
  authoritative citations. As required by law, this book has been 
  conceived as a concordance or quick reference guide to those works. It 
  is hoped that the alphabetical format and synopses of precedents and 
  citations on a given point of procedure, together with an improved 
  index, will lead the reader to the primary authority for a definitive 
  answer to a particular question.
      An earlier, condensed work on the precedents is Cannon's Procedure 
  in the House of Representatives, a summary by Clarence Cannon first 
  published in 1949 and last published in 1959. A later summary, 
  entitled Deschler's Procedure in the U.S. House of Representatives 
  (1974), was prepared by Lewis Deschler, Parliamentarian of the House 
  from 1928-1974, and was revised and updated in 1978, 1979, 1982, 1985, 
  and 1987. Comprehensive coverage and analysis are found in Hinds' 
  Precedents (1907), Cannon's Precedents (1936), Deschler's Precedents 
  (1977), and Deschler-Brown Precedents.
      The first edition of this volume was prepared in 1996 by former 
  Parliamentarian Wm. Holmes Brown, with editing assistance from Roy 
  Miller of the Compilation of Precedents Office. This second edition 
  was prepared with the assistance of Deputy Parliamentarians John 
  Sullivan and Thomas Duncan; Assistant Parliamentarians Muftiah 
  McCartin, Thomas Wickham, and Ethan Lauer; Clerks Gay Topper and Brian 
  Cooper; Compilation of Precedents Office editor Deborah Khalili and 
  former editor Evan Hoorneman; Marcie Kanakis of the Office of the 
  Clerk; and W. Robert Winters of the Government Printing Office. 
  Special appreciation is expressed to Muftiah McCartin for her efforts 
  in preparation of this volume.
      References to frequently cited works are to the House Rules and 
  Manual for the 108th Congress, by section (e.g., Manual Sec. 601); to 
  the volume and section of Hinds or Cannon (e.g., 6 Cannon Sec. 200); 
  to the chapter and section of Deschler or Deschler-Brown (e.g., 
  Deschler Ch 12 Sec. 16); to the Congressional Record, by Congress, 
  session, date and page (e.g., 100-2, Sept. 30, 1988, p 27329); and to 
  the United States Code, by title and section (e.g., 43 USC Sec. 1651).

  Charles W. Johnson
  Parliamentarian
  1994-

[[Page v]]


                              CHAPTER OUTLINE

                              HOUSE PRACTICE

  Chapter  1. Adjournment (p. 1)
  Chapter  2. Amendments (p. 15)
  Chapter  3. Appeals (p. 65)
  Chapter  4. Appropriations (p. 71)
  Chapter  5. Assembly of Congress (p. 157)
  Chapter  6. Bills and Resolutions (p. 167)
  Chapter  7. Budget Process (p. 187)
  Chapter  8. Calendar Wednesday (p. 213)
  Chapter  9. Calendars (p. 223)
  Chapter 10. Chamber, Rooms, and Galleries (p. 227)
  Chapter 11. Committees (p. 233)
  Chapter 12. Committees of the Whole (p. 295)
  Chapter 13. Conferences Between the Houses (p. 329)
  Chapter 14. Congressional Disapproval Actions (p. 363)
  Chapter 15. Congressional Record (p. 367)
  Chapter 16. Consideration and Debate (p. 375)
  Chapter 17. Contempt (p. 443)
  Chapter 18. Delegates and Resident Commissioner (p. 449)
  Chapter 19. Discharging Measures From Committees (p. 451)
  Chapter 20. District of Columbia Business (p. 459)
  Chapter 21. Division of the Question for Voting (p. 465)
  Chapter 22. Election Contests and Disputes (p. 475)
  Chapter 23. Election of Members (p. 481)
  Chapter 24. Electoral Counts; Selection of President and Vice 
  President (p. 487)
  Chapter 25. Ethics; Committee on Standards of Official Conduct (p. 
  493)
  Chapter 26. Germaneness of Amendments (p. 525)
  Chapter 27. Impeachment (p. 587)
  Chapter 28. Journal (p. 605)
  Chapter 29. Lay on the Table (p. 613)
  Chapter 30. Messages Between the Houses (p. 619)
  Chapter 31. Morning Hour; Call of Committees (p. 623)
  Chapter 32. Motions (p. 627)
  Chapter 33. Oaths (p. 631)
  Chapter 34. Office of the Speaker (p. 637)
  Chapter 35. Officers and Offices (p. 645)
  Chapter 36. Order of Business; Privileged Business (p. 653)

[[Page vi]]

  Chapter 37. Points of Order; Parliamentary Inquiries (p. 661)
  Chapter 38. Postponement (p. 675)
  Chapter 39. Previous Question (p. 681)
  Chapter 40. Private Calendar (p. 697)
  Chapter 41. Question of Consideration (p. 703)
  Chapter 42. Questions of Privilege (p. 707)
  Chapter 43. Quorums (p. 731)
  Chapter 44. Reading, Passage, and Enactment (p. 753)
  Chapter 45. Recess (p. 767)
  Chapter 46. Recognition (p. 773)
  Chapter 47. Reconsideration (p. 791)
  Chapter 48. Refer and Recommit (p. 803)
  Chapter 49. Resolutions of Inquiry (p. 817)
  Chapter 50. Rules and Precedents of the House (p. 823)
  Chapter 51. Senate Bills; Amendments Between the Houses (p. 829)
  Chapter 52. Special Orders of Business (p. 857)
  Chapter 53. Suspension of Rules (p. 871)
  Chapter 54. Unanimous-Consent Agreements (p. 881)
  Chapter 55. Unfinished Business (p. 893)
  Chapter 56. Unfunded Mandates (p. 897)
  Chapter 57. Veto of Bills (p. 901)
  Chapter 58. Voting (p. 909)
  Chapter 59. Withdrawal (p. 937)
  Index (p. 943)



[[Page 1]]

 
                         CHAPTER 1 - ADJOURNMENT

                              HOUSE PRACTICE

              A. Generally; Adjournments of Three Days or Less

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

              B. Adjournments for More Than Three Days

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

              C. Adjournment Sine Die

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


[[Page 2]]




             A. Generally; Adjournments of Three Days or Less


  Sec. 1 . In General

                           Types of Adjournments

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

                         Adjournment Versus Recess

      Adjournment is to be distinguished from recess. The House may 
  authorize a recess under a motion provided in rule XVI clause 4. The 
  Speaker also may declare a recess when no other business is pending 
  (rule I clause 12(a)) or when notified of an imminent threat to the 
  safety of the House (rule I clause 12(b)). Having postponed 
  proceedings on a pending question, the Speaker may declare a recess 
  for a short time under rule I clause 12(a) (there being no question 
  then pending before the House). Manual Sec. 638. During a period of 
  recess, the House remains open for certain business. The mace remains 
  in place on its pedestal, reports may be filed, and bills may be 
  placed in the hopper. See Recess.

                       Emergency Convening Authority

      During any recess or adjournment of not more than three days, if 
  the Speaker is notified by the Sergeant-at-Arms of an imminent 
  impairment of the place of reconvening, then he may, in consultation 
  with the Minority Leader, postpone the time for reconvening within the 
  three-day limit prescribed by the Constitution. In the alternative, 
  the Speaker, under the same conditions, may reconvene the House before 
  the time previously appointed solely to declare the House in recess 
  within that three-day limit. Rule I clause 12(c); Sec. 10, infra.
      Under rule I clause 12(d), the Speaker may convene the House in a 
  place within the District of Columbia, other than the Hall of the 
  House, whenever, in his opinion, the public interest shall warrant it. 
  In the 108th Congress, the two Houses granted blanket joint leadership 
  authority to assemble the 108th Congress at a place outside the 
  District of Columbia whenever the public interest shall warrant it. 
  108-1, H. Con. Res. 1, Jan. 7, 2003, p ____; see Adjournment.

[[Page 3]]

      The President may convene Congress at places outside the seat of 
  government during hazardous circumstances. 2 USC Sec. 27; Deschler Ch 
  1 Sec. 4.


  Sec. 2 . Adjournment Motions and Requests; Forms

                                  Motions

      The motion to adjourn authorized by rule XVI clause 4(a) is in 
  order in simple form only, as follows:

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

      Note: The motion must be in writing if demanded.

      Member: Mr. Speaker, I offer a privileged motion.
      Speaker: The Clerk will report the motion.
      Clerk: Mr. ____ moves that the House do now adjourn.

  5 Hinds Sec. Sec. 5371, 5372.

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

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

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

                        Unanimous-Consent Requests

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

      Member: Mr. Speaker, I ask unanimous consent that when the House 
    adjourns today, it adjourn to meet at ____. on ____, ____ (any time 
    on a day within three calendar days not including Sundays). 
    Adjournments of more than three days, see Sec. Sec. 10-12, infra.

             Legislative Days and Calendar Days Distinguished

      The duration of a legislative day does not conform to the 24 hours 
  of a calendar day, nor does a legislative day automatically terminate 
  by reason

[[Page 4]]

  of the arrival of the time for a regularly scheduled meeting of the 
  House. The legislative day continues until terminated by an 
  adjournment, irrespective of the passage of calendar days. 5 Hinds 
  Sec. Sec. 6738, 6739. The House has convened and adjourned twice on 
  the same calendar day pursuant to a motion to fix the day to which the 
  House shall adjourn, thereby meeting for two legislative days on the 
  same calendar day. Manual Sec. 913. However, a legislative day cannot 
  extend into a new Congress or a new session. 96-1, Jan. 3, 1980, p 
  37774.


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

      The motion to adjourn is a motion of highest privilege and is in 
  order whenever the floor can be secured. See Manual Sec. 912; 5 Hinds 
  Sec. Sec. 5359, 5360. Other motions may not intervene between the 
  motion to adjourn and the vote thereon. 5 Hinds Sec. 5361. The motion 
  to adjourn is specifically given precedence over all other secondary 
  motions permitted by rule XVI clause 4, including the motions to lay 
  on the table, for the previous question, to amend, to refer, or to 
  postpone. Manual Sec. 911. The motion to adjourn takes precedence over 
  all other motions because, as Jefferson noted, the House might 
  otherwise be kept sitting against its will and indefinitely. Manual 
  Sec. 439.
      The motion to fix the day and time to which the House shall 
  adjourn is of equal privilege to the simple motion to adjourn but is 
  entertained only at the Speaker's discretion. Manual Sec. Sec. 911, 
  912. The motion to fix the day, if made first, need not give way to 
  the simple motion. 5 Hinds Sec. 5381.
      The motion to adjourn may not interrupt a vote being taken in the 
  House. 5 Hinds Sec. 5360. However, the motion to adjourn is in order:

     Between the putting of the question on a proposition and the 
         ensuing vote. Manual Sec. 439.
     Between the different methods of voting, as between a vote by 
         division and a vote by yeas and nays. Manual Sec. 439.
     After a recorded vote is ordered and before the vote begins. 5 
         Hinds Sec. 5366.
     After a vote has been objected to for lack of a quorum. Manual 
         Sec. 913.
     Only one motion pending a motion to suspend the rules. Rule XV 
         clause 1(b).
     Only one motion pending a privileged report from the Committee 
         on Rules. Rule XIII clause 6(b).

      The motion to adjourn permitted by rule XVI clause 4 applies when 
  a question is ``under debate,'' and is in order when other business is 
  before

[[Page 5]]

  the House as well. Manual Sec. Sec. 911, 912. The motion is in order 
  and takes precedence over the motions delineated in rule XVI clause 4 
  and:

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

                             When Not in Order

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

     When another Member holds the floor in debate. Manual 
         Sec. 912; 5 Hinds Sec. 5360.
     During time yielded for a parliamentary inquiry. 88-2, June 3, 
         1964, p 12522.
     When the House is voting, such as by the yeas and nays or 
         other recorded vote. 5 Hinds Sec. 6053.
     Pending a vote pursuant to a special order providing for such 
         vote ``without intervening motion.'' 4 Hinds Sec. Sec. 3211, 
         3212.
     During the presentation of a conference report. 5 Hinds 
         Sec. 6452.
     Pending or during the administration of the oath to a Member. 
         1 Hinds Sec. 622.

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

     Pending consideration of a report from the Committee on Rules, 
         after one motion to adjourn has been defeated. Rule XIII clause 
         6(b); 8 Cannon Sec. 2260.
     Pending consideration of a motion to suspend the rules, after 
         one such motion has been defeated. Rule XV clause 1(b).


  Sec. 4 . In Committee of the Whole

      The motion to adjourn is not in order after the House has voted to 
  go into the Committee of the Whole. 4 Hinds Sec. 4728; 5 Hinds 
  Sec. 5367. The motion is not in order in the Committee of the Whole. 4 
  Hinds Sec. 4716. It also

[[Page 6]]

  is not entertained when the Committee of the Whole rises to report 
  proceedings incident to securing a quorum (8 Cannon Sec. 2436) or when 
  it rises ``informally'' to receive a message. However, the motion to 
  adjourn is permitted when the House is meeting as in the Committee of 
  the Whole. 4 Hinds Sec. 4923.


  Sec. 5 . Who May Offer Motion; Recognition

      The motion to adjourn may be made by any Member (91-1, Oct. 14, 
  1969, pp 30054-56), including a minority member (98-2, May 23, 1984, p 
  13960.) The Chair even may declare the House adjourned by unanimous 
  consent when no Member is available. See, e.g., 106-2, Feb. 3, 2000, p 
  ____. A Member may move to adjourn whenever he can secure the floor, 
  but he may not move to adjourn while another Member has been 
  recognized for debate. 5 Hinds Sec. Sec. 5369, 5370. The motion is not 
  in order where the Member has been yielded to or recognized for a 
  parliamentary inquiry. 8 Cannon Sec. 2646.


  Sec. 6 . Debate on Motion; Amendments

      Debate on the simple motion to adjourn is precluded by rule XVI 
  clause 4(b). Manual Sec. 911; 5 Hinds Sec. 5359. Clause 4(c) precludes 
  debate on the motion to fix the day to which the House shall adjourn. 
  Manual Sec. 911; 5 Hinds Sec. Sec. 5379, 5380. For a discussion of 
  debate on resolutions providing for an adjournment, see Sec. 10, 
  infra. The stricture against debate on a motion to adjourn includes a 
  prefatory statement leading up to the motion. Such statement, if made, 
  is not carried in the Congressional Record. 107-2, Feb. 13, 2002, p 
  ____.
      The simple motion to adjourn is not subject to amendment. Manual 
  Sec. 585. Thus, the motion may not be amended by language alluding to 
  the purpose of the adjournment. Manual Sec. 912. The motion also may 
  not be amended by language specifying the day (5 Hinds Sec. 5360) or 
  hour (5 Hinds Sec. 5364) to which adjournment is to be taken. Such 
  amendments are ruled out whenever the House is operating under its 
  customary standing order that fixes the daily hour of meeting for each 
  day of the week. Manual Sec. 912. Similarly, the separate motion under 
  rule XVI clause 4(c) that when the House adjourns it stand adjourned 
  to a day and time certain also is not is subject to amendment. An 
  older precedent (5 Hinds Sec. 5754) indicating otherwise predates the 
  1973 change in rule XVI clause 4(c), which enabled the motion at the 
  Speaker's discretion. See, Manual Sec. 911.

[[Page 7]]

  Sec. 7 . Voting

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


  Sec. 8 . Quorum Requirements

      A quorum is required for a motion to fix the time of adjournment 
  to a day and time certain. Manual Sec. 913.
      The simple motion to adjourn may be agreed to notwithstanding the 
  absence of a quorum. See Manual Sec. Sec. 52, 1025. Indeed, no motion 
  is in order in the absence of a quorum except to adjourn or for a call 
  of the House. 4 Hinds Sec. Sec. 2950, 2951, 2988; 6 Cannon 
  Sec. Sec. 680, 682. The motion to adjourn is in order on failure of a 
  quorum, even where the House is operating under a special order 
  requiring the consideration of the pending business. 5 Hinds 
  Sec. 5365.
      The motion to adjourn takes precedence over a motion for a call of 
  the House. Sec. 3, supra. In one instance, following a point of order 
  that a quorum was not present, and before the Chair so ascertained, a 
  Member moved a call of the House while another Member immediately 
  moved to adjourn. The Chair recognized for the more privileged motion. 
  88-1, June 12, 1963, p 10739.
      It is not in order to demand an ``automatic'' roll call under rule 
  XX clause 6 on an affirmative vote on a simple motion to adjourn 
  because that motion may be agreed to by less than a quorum. Manual 
  Sec. 1025. However, a vote by the yeas and nays in such a case would 
  be in order, if demanded by one-fifth of those present, no quorum 
  being required. Manual Sec. Sec. 75, 76. Where the vote on an 
  adjournment is decided in the negative, and a point of order that a 
  quorum is not present is sustained, an ``automatic'' roll call on the 
  motion then occurs under rule XX clause 6. 100-1, Nov. 2, 1987, pp 
  30386-90.

      Member: I move that the House do now adjourn.
      Speaker: On this vote (by division, or by voice) the noes have it.
      Member: I make a point of order that a quorum is not present and 
    (pursuant to clause 6 of rule XX) I object to the vote on that 
    ground.

[[Page 8]]

      Speaker: A quorum is not present, and the yeas and nays are 
    ordered. Members will record their votes by electronic device.

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


  Sec. 9 . Dilatory Motions; Repetition of Motion

      Rule XVI clause 1, which precludes the Speaker from entertaining 
  dilatory motions, is applicable to motions to adjourn. Manual 
  Sec. 903. Although of the highest privilege, the motion to adjourn is 
  not in order when offered for purposes of delay or obstruction. 5 
  Hinds Sec. Sec. 5721, 5731; 8 Cannon Sec. Sec. 2796, 2813. On one 
  occasion, a point of order was sustained against the motion where a 
  House rule gave the Speaker the discretion to recognize for a motion 
  to adjourn. 8 Cannon Sec. 2822.
      The motion to adjourn, once offered, may ordinarily be repeated, 
  but not until after intervening business, debate, a decision of the 
  Chair on a question of order, or the ordering of the yeas and nays. 
  Manual Sec. 912; 5 Hinds Sec. Sec. 5373, 5374, 5376-5378; 8 Cannon 
  Sec. 2814.
      In some cases the rules specifically provide that only one motion 
  to adjourn is to be permitted. This restriction applies during the 
  consideration of reports from the Committee on Rules and during the 
  consideration of motions to suspend the rules. Manual Sec. Sec. 857, 
  890. In such cases the motion to adjourn--once having been rejected--
  may not again be entertained until the pending matter has been fully 
  disposed of. 5 Hinds Sec. Sec. 5740, 5741. However, if a motion to 
  adjourn is made and rejected, and a quorum then fails, a second motion 
  to adjourn is admitted. 5 Hinds Sec. Sec. 5744-5746.


                 B. Adjournments for More Than Three Days


  Sec. 10 . In General; Resolutions

                            House-Senate Action

      Under article I, section 5, clause 4 of the Constitution, neither 
  House can adjourn (or recess) for more than three days without the 
  consent of the other. The consent of both Houses is required even 
  though the adjournment is sought by only one of them. Manual Sec. 84. 
  In calculating the three days, either the day of adjourning or the day 
  of meeting (excluding Sundays) must

[[Page 9]]

  be taken into the count. Manual Sec. 83; 5 Hinds Sec. 6673. The House 
  can adjourn by motion from Thursday to Monday, or from Friday to 
  Tuesday, because Sunday is a dies non. However, it cannot adjourn from 
  Monday to Friday without the Senate's assent. Consistent with this 
  requirement, the House has authorized the Speaker to declare the House 
  in recesses subject to calls of the Chair during discrete periods, 
  each not more than three days. Manual Sec. 83.
      Adjournments for more than three days are provided for by 
  concurrent resolution. The resolution may provide for the adjournment 
  of one House or for the adjournment of both Houses. Manual Sec. 84. 
  Senate concurrent resolutions for adjournment are laid before the 
  House by the Speaker as privileged. 101-1, Mar. 16, 1989, p 4480. Such 
  resolutions, whether originating in the House or Senate, are not 
  debatable. Manual Sec. 84. They require a quorum for adoption.
      The concurrent resolution is generally offered by the Majority 
  Leader or his designee:

      Member: Mr. Speaker, I offer a privileged concurrent resolution 
    (H. Con. Res. ____) providing for an adjournment of the House from 
    __________ to __________ and a recess or adjournment of the Senate 
    from __________ to __________, and ask for its immediate 
    consideration.

      The resolution may set forth the times at which the adjournment is 
  to begin and end, but frequently the resolution will provide optional 
  dates so as to give each House some discretion in determining the 
  exact period of adjournment. Manual Sec. 84. Sometimes the resolution 
  has provided for a certain period of adjournment of the House and a 
  different period for the Senate. Thus, the resolution may provide for 
  an adjournment of the House for more than three days to a day certain, 
  and a recess of the Senate for more than three days to a day certain 
  as subsequently determined by the Senate before recessing. Manual 
  Sec. 84. For a discussion of the authority of the President to 
  determine the period of adjournment when the two Houses are unable to 
  agree with respect thereto, see Manual Sec. 171; for convening, see 
  Assembly of Congress.

                 Conditional Adjournments; Recall Provisos

      An adjournment resolution may include various conditions or 
  provisos, such as that the Senate shall adjourn pursuant to the 
  resolution after it has disposed of a certain bill. Manual Sec. 84; 
  95-2, June 29, 1978, p 19466.
      A concurrent resolution adjourning both Houses for more than three 
  days, or sine die, normally includes authority for the Speaker and the 
  Majority Leader of the Senate, acting jointly, to reassemble the 
  Members when

[[Page 10]]

  ever the public interest shall warrant it. Manual Sec. 84. Recently, 
  such recall authority has allowed the respective designees of the 
  Majority Leader and the Speaker to so reassemble. It has also allowed 
  reassembly at such place as may be designated. E.g., 107-2, Nov. 22, 
  2002, p ____. In the 108th Congress, the two Houses granted blanket 
  joint leadership authority to assemble the 108th Congress at a place 
  outside the District of Columbia whenever the public interest shall 
  warrant it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p ____. A concurrent 
  resolution also may provide for the sine die adjournment of one House 
  following a single House recall. Manual Sec. 84.

                            Amendments; Voting

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


  Sec. 11 . Privilege of Resolution

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

[[Page 11]]

  olution reported by the Committee on Rules. E.g., 101-1, June 23, 
  1989, p 13271.
      A concurrent resolution granting the two Houses blanket joint 
  leadership authority to assemble a Congress at a place outside the 
  District of Columbia whenever the public interest shall warrant it was 
  offered as privileged. 108-1, H. Con. Res. 1, Jan. 7, 2003, p ____.


  Sec. 12 . August Recess

      The Legislative Reorganization Act of 1946 provides that unless 
  otherwise provided by Congress, the two Houses shall either (a) 
  adjourn sine die by July 31 of each year, or (b) in odd-numbered 
  years, adjourn in August (for a specified period) pursuant to a 
  concurrent resolution adopted by roll call vote in each House. 2 USC 
  Sec. 198. The House has not adjourned sine die by July 31 under this 
  Act for many years, and the provisions in the Act to that effect have 
  been routinely waived by concurrent resolution, thereby permitting the 
  two Houses to continue in session. Manual Sec. Sec. 1105, 1106. In the 
  absence of such a resolution, a simple motion to adjourn, made at the 
  conclusion of business on July 31, is in order and would permit the 
  House to meet on the following day. Manual Sec. 1106.
      The House and Senate may adopt a concurrent resolution adjourning 
  in August in an odd-numbered year as specified by the Act. Such a 
  resolution is called up as privileged, requires a yea and nay vote for 
  adoption, and is not debatable. Manual Sec. 1106. Concurrent 
  resolutions waiving the provisions of the Act are not privileged and 
  are called up by unanimous consent (100-1, July 29, 1987, p 21459) or 
  by resolution reported by the Committee on Rules (105-1, July 31, 
  1997, p ____).


                          C. Adjournment Sine Die


  Sec. 13 . In General; Resolutions

      Adjournments sine die (literally, without day) are used to 
  terminate the sessions of a Congress, and are provided for by 
  concurrent resolution. A session terminates automatically at the end 
  of the constitutional term. See 96-1, Jan. 3, 1980, p 37774; 104-1, 
  Jan. 3, 1996, p 38609. Such adjournments are generally taken in 
  October in even-numbered years (election years) and usually somewhat 
  later in odd-numbered years. Adjournment resolutions may be called up 
  from the floor as privileged. 5 Hinds Sec. 6698.
      The resolution is not debatable. 8 Cannon Sec. Sec. 3371-3374. 
  However, a Member may be recognized during its consideration under a 
  reservation of

[[Page 12]]

  objection to a unanimous-consent request. Manual Sec. 84. It requires 
  a quorum for adoption. 92-2, Oct. 18, 1972, p 37061.
      A sine die resolution may specify the particular legislative or 
  calendar day of adjournment or may specify two or more optional dates. 
  Sine die adjournment in the latter case is effected by a motion of the 
  Majority Leader or his designee. Manual Sec. 84. Sine die resolutions 
  may be amended to provide for an adjournment on a date other than that 
  specified. 98-2, Oct. 11, 1984, p 32314. The resolution need not 
  specify the date of convening because, under section 2 of the 20th 
  amendment to the Constitution, a regular session of a Congress 
  automatically begins at noon on January 3 of every year unless 
  Congress sets a different date by law. Manual Sec. 242; 96-2, Jan. 3, 
  1980, p 3.
      Under rule X clause 1(m), the Committee on Rules has jurisdiction 
  of matters relative to final adjournment of Congress. Manual Sec. 733.
      The time of adjournment sine die having been fixed by concurrent 
  resolution, the House may not finally adjourn before that time. 5 
  Hinds Sec. 6714. However, a sine die resolution may be recalled prior 
  to action thereon by the other House. 5 Hinds Sec. 6699. Also, it is 
  subject to rescission by a subsequent concurrent resolution. 5 Hinds 
  Sec. 6700. A resolution rescinding an order for adjournment sine die 
  is open to amendment, and an amendment assigning a new date is 
  germane. 5 Hinds Sec. 5920. Waiver of statutory provision as to 
  adjournment sine die on July 31, see Sec. 12, supra.
      Under the current practice, sine die adjournment resolutions 
  normally contain House-Senate leadership recall authority. For a 
  discussion of recall authority generally, see Sec. 10, supra.
      The House customarily authorizes the Speaker to appoint a 
  committee to notify the President of the completion of business and 
  the intention of the two Houses to adjourn sine die unless the 
  President has some further communication to make. 100-1, Dec. 21, 
  1987, p 37618. This committee is usually composed of the Majority and 
  Minority Leaders of the House, and joins a similar committee appointed 
  by the Senate. 106-1, Nov. 18, 1999, p ____.


  Sec. 14 . Procedure at Adjournment; Motions

      The House may adjourn at the time specified in the adjournment 
  resolution even though other business, such as a roll call, may be 
  pending. 5 Hinds Sec. Sec. 6325, 6719, 6720. Adjournment sine die is 
  in order notwithstanding the absence of a quorum if both Houses have 
  adopted a concurrent resolution providing for sine die adjournment on 
  that day. Manual Sec. 55; 5 Hinds Sec. 6721.

[[Page 13]]

      The time for adjournment specified in the resolution having 
  arrived, the motion to adjourn is made by the Majority Leader or his 
  designee:

      Mr. Speaker, in accordance with House Concurrent Resolution ____, 
    I move that the House do now adjourn.

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



[[Page 15]]

 
                                 CHAPTER 2 - AMENDMENTS

                              HOUSE PRACTICE

              A. Amendments Defined and Distinguished; Forms

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

              B. Permissible Pending Amendments

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

              C. When to Offer Amendment; Reading for Amendment

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

              D. Offering Particular Kinds of Amendments; Precedence and 
                 Priorities

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

[[Page 16]]

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

              E. Consideration and Voting

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

              F. Effect of Adoption or Rejection; Changes After Adoption

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

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

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

              H. Amendments to Titles and Preambles

  Sec. 48. In General

              I. Amendments Containing Unfunded Mandates

  Sec. 49. In General

[[Page 17]]

        Research References
          5 Hinds Sec. Sec. 5753-5800
          8 Cannon Sec. Sec. 2824-2907a
          Deschler Ch 27
          Manual Sec. Sec. 413, 456, 469, 902, 905, 911, 919-927, 978-
            981, 986-989, 991


              A. Amendments Defined and Distinguished; Forms


  Sec. 1 . In General; Formal Requisites

                                 Generally

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

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

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

               Formal Requirements; Written or Oral Motions

      Pursuant to rule XVI clause 1, the Chair or any Member may require 
  that an amendment be reduced to writing before being offered. Deschler 
  Ch 27 Sec. 1.1. In the Committee of the Whole, the Clerk transmits 
  copies of offered amendments to the majority and the minority tables 
  in accordance with rule XVIII clause 5(b), although the failure of the 
  Clerk to promptly trans

[[Page 18]]

  mit such copies is not the basis for a point of order against the 
  amendment. Deschler Ch 27 Sec. 22.11.
      An amendment must contain instructions to the Clerk as to the 
  portion of the text it seeks to amend. Deschler Ch 27 Sec. 1.28. 
  Similarly, an amendment to an amendment should specify and identify 
  the text to be amended. Amendments to a substitute should be drafted 
  to the proper page and line number of the substitute rather than to 
  comparable provisions of the original text. Deschler Ch 27 
  Sec. Sec. 1.9, 1.10. A Member who intends to propose such an amendment 
  may ascertain the appropriate page and line number by inspecting the 
  pending amendment at the Clerk's desk or obtaining a copy thereof at 
  the committee tables. Deschler Ch 27 Sec. 22.10.
      The Chair may examine the form of an offered amendment to 
  determine its propriety and may rule it out of order even where no 
  point of order is raised from the floor and debate has begun. Deschler 
  Ch 27 Sec. 1.39. However, an ambiguity in the wording of an amendment, 
  or a question as to the propriety of draftsmanship of an amendment to 
  accomplish a particular legislative purpose, should not be questioned 
  on a point of order; that is an issue to be disposed by a vote on the 
  merits of the amendment. Deschler Ch 27 Sec. 1.31.

                             Order or Sequence

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

[[Page 19]]

                          Effect of Special Rule

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


  Sec. 2 . Perfecting Amendments

                                 Generally

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

              Perfecting Amendments and the Motion to Strike

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

[[Page 20]]

  Sec. 3 . Motions to Insert

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


  Sec. 4 . Motions to Strike and Insert

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


  Sec. 5 . Motions to Strike

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

[[Page 21]]

  Sec. 6 . Substitute Amendments

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


  Sec. 7 . Amendments in Nature of a Substitute

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

[[Page 22]]

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


  Sec. 8 . Pro Forma Amendments

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

     May not lengthen this time by making a second pro forma 
         amendment or offer a pro forma amendment to his original 
         amendment. Manual Sec. 981; 5 Hinds Sec. 5222; 8 Cannon 
         Sec. 2560.
     May not extend this time by offering a substantive amendment 
         while other Members are seeking recognition. Manual Sec. 981.
     May rise in opposition to a pro forma amendment offered by 
         another Member when recognized for that purpose. Manual 
         Sec. 981; Deschler Ch 27 Sec. Sec. 2, 2.21.
     May offer a second-degree amendment and then offer a pro forma 
         amendment to debate the underlying first-degree amendment. 
         Manual Sec. 981.

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

[[Page 23]]

  Sec. 9 . Precedence of Motion Generally

                                In General

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

                    Explaining or Opposing an Amendment

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

                           The Previous Question

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

                 The Motion to Strike the Enacting Clause

      Under rule XVIII clause 9, the motion to strike the enacting 
  clause takes precedence over a motion to amend. Manual Sec. 989. The 
  motion may be offered while an amendment is pending. 5 Hinds 
  Sec. 5328; 8 Cannon Sec. 2624. The rejection of a preferential motion 
  to strike the enacting clause permits the offering of proper 
  amendments. Deschler Ch 23 Sec. 14.13.

[[Page 24]]

      In the Committee of the Whole, where the motion is utilized under 
  the modern practice, the motion must be phrased as a recommendation, 
  because only the House can directly reach the enacting clause.

      Mr.  __________ moves that the Committee do now rise and report 
    the bill back to the House with the recommendation that the enacting 
    clause be stricken.

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

                            The Motion to Rise

      With one exception in the Committee of the Whole, a motion to 
  amend a bill has precedence over a motion to rise and report it to the 
  House. 4 Hinds Sec. Sec. 4752-4758. However, the motion to amend 
  yields to the simple motion that the Committee rise. 4 Hinds 
  Sec. 4770. Under rule XXI clause 2(d), the motion to rise and report, 
  if offered by the Majority Leader (or designee), takes precedence over 
  an amendment proposing a limitation after a general appropriation bill 
  has been completely read for amendment. Manual Sec. 1040.
      Precedence as between particular forms of amendment, see Sec. 21, 
  infra.


  Sec. 10 . Amending Other Motions

                                 Generally

      The motion to amend may be applied, with certain exceptions, to 
  other motions that are in order in the House or the Committee of the 
  Whole. 5 Hinds Sec. 5754; Manual Sec. 927. Unless precluded by the 
  operation of the previous question, the motion to amend may be applied 
  to a motion:

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

[[Page 25]]

                            When Not Permitted

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

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

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


  Sec. 11 . Effect of Special Rule

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

      Legislation may be considered:

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

      Where a bill is being considered in the Committee of the Whole 
  under an ``open'' rule, germane amendments to the bill are in order 
  under the

[[Page 26]]

  standing rules of the House. Deschler Ch 27 Sec. 3.7. Where a bill is 
  being considered under a ``closed'' rule, even pro forma amendments 
  are not in order. Deschler Ch 27 Sec. 3.34. A ``modified-closed rule'' 
  permits only designated amendments or a designated class of 
  amendments. Deschler Ch 21 Sec. 22.8.
      The Committee of the Whole may not substantively restrict the 
  offering of amendments in contravention of a special rule adopted by 
  the House. Manual Sec. 993; Deschler Ch 27 Sec. 3. However, a 
  unanimous-consent request may be entertained in the Committee of the 
  Whole by the Chair if its effect is to allow procedures that differ 
  only in minor or incidental respects from the procedure required by a 
  special rule adopted by the House. The Manual carries a list of 
  unanimous-consent requests that have been permitted in the Committee 
  of the Whole. Manual Sec. 993. The House may, by unanimous consent, 
  delegate to the Committee of the Whole authority to entertain 
  unanimous-consent requests to change procedures contained in such a 
  rule. Deschler Ch 27 Sec. 3.29 (note).
      A special rule may waive points of order against a bill or against 
  specified amendments thereto. Deschler Ch 27 Sec. 3. Such a waiver 
  will not be implied. A special rule merely ``making in order'' an 
  amendment offered by a designated Member but not specifically waiving 
  points of order does not permit consideration of the amendment unless 
  in conformity with the general rules of the House. Deschler Ch 27 
  Sec. 3.72 (note). A waiver of points of order against a bill does not 
  apply to amendments offered from the floor. Deschler Ch 27 Sec. 3.
      The so-called ``self-executing'' special order has been applied in 
  recent years to expedite the amendment process. Such a rule may 
  provide that a specified amendment ``shall be considered to have been 
  adopted.'' The Committee on Rules has also reported rules that have 
  ``self-executed'' the adoption of nongermane amendments. The committee 
  has also reported rules that have ``self-executed'' the adoption of an 
  amendment that became original text for the purpose of further 
  amendment. Manual Sec. 855; Deschler-Brown Ch 31 Sec. 10.14.


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

      The Committee on Rules may report a rule that precludes amendments 
  that have not been printed in the Congressional Record. An amendment 
  similar but not identical to the text of an amendment printed in the 
  Record has been held out of order under such a rule. Only the House, 
  by unanimous consent, may permit the offering of an amendment that 
  differs in any way from an amendment permitted under the rule. 
  However, an offeror may

[[Page 27]]

  modify his amendment by unanimous consent in the Committee of the 
  Whole once pending. Manual Sec. 993; Deschler Ch 27 Sec. Sec. 3.25-
  3.27.
      Where a special rule restricts the offering of amendments to those 
  printed in the Congressional Record but does not specify the Members 
  who must offer them, the right to propose amendments properly inserted 
  in the Record inures to all Members. 105-2, Sept. 17, 1998, p ____.
      A special rule prohibiting amendments to a bill except those 
  printed in the Congressional Record does not apply to amendments to 
  amendments unless so specified. Deschler Ch 27 Sec. 3.13.


                     B. Permissible Pending Amendments


  Sec. 13 . In General; The Stages of Amendment
  
  
      The checklist below and the above chart show the four common 
  motions that may be pending simultaneously under rule XVI clause 6 (5 
  Hinds Sec. 5753) and the order in which they are voted on (see also 
  Sec. 28, infra):

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

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

[[Page 28]]

  and all four amendments may be pending at one time. 5 Hinds Sec. 5753; 
  8 Cannon Sec. 2883; 27 Deschler Ch 27 Sec. 1.
      The amendments shown in the chart are amendments in the first or 
  second degree. Amendments beyond the second degree, such as an 
  amendment to the amendment to the amendment to the pending text, are 
  not in order. See Sec. 14, infra. Frequently, however, as by special 
  rule, an amendment in the nature of a substitute may be considered as 
  an original text for purposes of amendment, thereby extending the 
  permissible degrees of amendment. Deschler Ch 27 Sec. 1. Indeed, a 
  special rule reported by the Committee on Rules may specifically 
  permit the offering of amendments beyond the second degree. 94-1, Feb. 
  27, 1975, p 4593. In one instance, pursuant to special rule, up to 
  eight amendments to the pending text were pending simultaneously. 96-
  1, May 15, 1979, p 1050.
      There is no limit to the number of amendments that may be offered 
  either to an amendment or to a substitute so long as not changing a 
  previously adopted amendment. When one second-degree amendment has 
  been disposed of, another can be offered. Deschler Ch 27 Sec. 5.16. 
  Where both an amendment and a substitute have been offered, each may 
  have one amendment pending to it at one time. Deschler Ch 26 
  Sec. Sec. 5.14, 5.15.

                       Perfecting the Original Text

      It is in order to offer a perfecting amendment to the pending 
  portion of original text, even though there is pending an amendment in 
  the nature of a substitute for the pending measure. Deschler Ch 27 
  Sec. 5.34. Likewise, where there is pending a motion to strike a title 
  of a bill, perfecting amendments to that title may nevertheless be 
  offered and voted on before voting on the motion to strike. Deschler 
  Ch 27 Sec. 5.11.

                        Amending Pending Amendments

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

                      Amending Substitute Amendments

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

[[Page 29]]

  the substitute are in order following disposition of the pending 
  amendment to the substitute. Deschler Ch 27 Sec. 5.25.

             Amending Amendments in the Nature of a Substitute

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


  Sec. 14 . Amendments in the Third Degree
  
  
      The following chart shows the four common forms of amendments in 
  the first or second degree and distinguishes them from amendments in 
  the third degree.
      Amendments in the third degree are not in order. 5 Hinds 
  Sec. 5754; 8 Cannon Sec. 2580; Deschler Ch 27 Sec. 6.1. ``The line 
  must be drawn somewhere,'' wrote Thomas Jefferson, ``and usage has 
  drawn it after the amendment to the amendment.'' Manual Sec. 454. This 
  principle is reflected in rule XVI clause 6 and is considered 
  fundamental in the House of Representatives. Manual Sec. 922; Deschler 
  Ch 27 Sec. 6. Thus, as shown by the chart, an amendment to an 
  amendment to an amendment is in the third degree and not in order. 
  Deschler Ch 27 Sec. 6.2. Until the amendment to the amendment is 
  disposed of, no further amendment to the amendment may be offered. 
  Deschler Ch 27 Sec. 6.12.
      The prohibition against amendments in the third degree also 
  applies to amendments between the House and Senate. If a bill 
  originating in one House is amended by the other, the originating 
  House may amend the amendment; and the second House may again amend. 
  Any further amendment between the Houses would be in the third degree. 
  Manual Sec. 529.

             Substitutes for Pending Amendments Distinguished

      As shown by the following chart, a substitute for a pending first-
  degree amendment is subject to amendment, whereas a perfecting 
  amendment to an amendment is not, as that would be in the third 
  degree. Manual Sec. 928; Deschler Ch 27 Sec. 6. The substitute 
  permitted by rule XVI clause 6 is an alternative to the original 
  first-degree amendment and not for the amend

[[Page 31]]

  ment to that amendment. Indeed, when an amendment and a perfecting 
  amendment thereto are pending, neither an amendment to, or substitute 
  for, the perfecting amendment is in order, being in the third degree. 
  Deschler Ch 27 Sec. 6.2.
      Although a perfecting amendment to a pending substitute should 
  retain some portion of the substitute so as not to be in effect a 
  substitute in the third degree, the Chair does not look behind the 
  form of the amendment in the absence of a timely point of order from 
  the floor. Deschler Ch 27 Sec. 6.21.

                 Amendments in the Nature of a Substitute

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

                 Amendments While Motion to Strike Pending

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

                           Pro Forma Amendments

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


             C. When to Offer Amendment; Reading for Amendment


  Sec. 15 . In General; Reading by the Clerk

      Under rule XVI clause 5, a second reading occurs in the Committee 
  of the Whole after general debate when a measure is read for amendment

[[Page 32]]

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

                       House Practice Distinguished

      In the House, amendments to measures on the House Calendar are 
  made where the Member calling up the measure yields for an amendment, 
  or if the previous question is not moved or ordered, pending the 
  engrossment and third reading. 5 Hinds Sec. 5781; 7 Cannon Sec. 1051; 
  Deschler Ch 27 Sec. 13.3. Amendments may be offered to any part of the 
  bill without proceeding consecutively section by section or paragraph 
  by paragraph. 4 Hinds Sec. 3392.

            Practice in House as in the Committee of the Whole

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


  Sec. 16 . Amendments to Text Passed in the Reading

      In the Committee of the Whole, amendments to a section are in 
  order after the section has been read or the reading dispensed with 
  and remain in order until the reading of the next portion to be 
  considered. Deschler Ch 27 Sec. 7. Generally, an amendment comes too 
  late when the Clerk has read beyond the section to which the amendment 
  applies. 8 Cannon Sec. 2930; Deschler Ch 27 Sec. 8.1.
      An amendment offered as a new section is in order to a bill being 
  read by section after the Clerk has read up to, but not beyond, the 
  point at which

[[Page 33]]

  the amendment would be inserted. The amendment must be offered after 
  the consideration of the section of the bill that it would follow, and 
  comes too late after the next section of the bill has been read for 
  amendment. Deschler Ch 27 Sec. 8.17. A section is considered passed 
  for the purpose of amendment after an amendment inserting a new 
  section has been adopted following that section. Deschler Ch 27 
  Sec. 8.12. An amendment adding a new section at the end of a bill is 
  in order after the last section of the bill has been read, even though 
  other amendments adding new sections have been adopted. Deschler Ch 27 
  Sec. 7.35.
      A point of order as to the timeliness of an amendment may not be 
  raised in such a way as to deprive a Member of a timely opportunity to 
  present an amendment. A point of order that an amendment to a section 
  or a paragraph of a bill comes too late does not lie where the Member 
  offering the amendment was standing and seeking recognition before the 
  section or paragraph was passed in the reading. Deschler Ch 27 
  Sec. 8.22. The Chair has on occasion directed the Clerk to reread a 
  paragraph of a bill where there was doubt as to how far the Clerk had 
  read. Deschler Ch 27 Sec. 8.4.


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

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


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

      Unless permitted by special order, a bill may be considered as 
  read and open to amendment at any point only by unanimous consent. A 
  motion to that effect is not in order. Deschler Ch 27 Sec. 11.2. 
  Similarly, during the reading of a section for amendment, that section 
  can be considered as read and open to amendment at any point only by 
  unanimous consent. Deschler Ch 27 Sec. 11.4. Where consent is granted 
  that the remainder of the bill be open

[[Page 34]]

  to amendment at any point, amendments may then be offered to any 
  portion of the bill not yet read for amendment at the time the 
  permission is granted and amendments remain in order to that portion 
  of the bill pending when the request was granted. Deschler Ch 27 
  Sec. 11.9; 94-1, June 4, 1975, p 16899. However, an agreement that the 
  remainder of the bill be considered read and open for amendment at any 
  point does not admit an amendment to a portion of the bill already 
  passed in the reading. Deschler Ch 27 Sec. 11.8. Points of order to 
  the text open to amendment are disposed of before the offering of 
  amendments. See Points of Order.


  Sec. 19 . Amendments in the Nature of a Substitute

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

[[Page 35]]

  Sec. 20 . Recognition to Offer Amendments; Priority

                         Necessity of Recognition

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

                            Discretion of Chair

      Except in cases where he is governed by a special order adopted by 
  the House, recognition for the purpose of offering amendments is 
  within the discretion of the Chair. Deschler Ch 27 Sec. Sec. 4.2, 4.3. 
  No point of order lies against the Chair's recognition of one Member 
  over another. Deschler Ch 27 Sec. 4.4. Nevertheless, in the absence of 
  a controlling special order, the Chair ordinarily follows the many 
  precedents and practices that serve as guidelines to the Chair in 
  according recognition to Members to offer amendments. Deschler Ch 27 
  Sec. 4.35. For example, the Chair may accord recognition pursuant to 
  the principle of alternation between majority and minority parties or 
  on the priority of perfecting amendments over motions to strike. 
  Deschler Ch 27 Sec. 4.19. No appeal lies from the Chair's decision on 
  recognition to offer amendments. Manual Sec. 949.

                     Priority of Committee Amendments

      Amendments recommended by a committee reporting a bill are 
  normally considered before amendments offered from the floor, 
  including instances where a bill is considered read and open to 
  amendment. Deschler Ch 27 Sec. 4.34. Thus, perfecting committee 
  amendments to a paragraph under consideration are disposed of before 
  amendments from the floor are considered. Deschler Ch 27 Sec. 4.33.

               Committee Membership as Basis for Recognition

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

[[Page 36]]

                     Effect of Parliamentary Inquiries

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


   D. Offering Particular Kinds of Amendments; Precedence and Priorities


  Sec. 21 . Introductory; Perfecting Amendments

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

                   Precedence Over the Motion to Strike

      A perfecting amendment to the text of a bill is in order and takes 
  precedence over a pending motion to strike the text and is first acted 
  upon. Deschler Ch 27 Sec. Sec. 15.3, 15.4. Thus, an amendment 
  inserting new words is in order and takes precedence over a pending 
  motion to strike that portion of the text. Deschler Ch 27 Sec. 15.7.
      Perfecting amendments to a paragraph may be offered (one at a 
  time) while a motion to strike the paragraph is pending, and such 
  perfecting amendments are first disposed of. Deschler Ch 27 
  Sec. Sec. 15.5, 15.15. Under this

[[Page 37]]

  rule, where a perfecting amendment is offered and rejected, a second 
  perfecting amendment may be offered and disposed of before the vote on 
  a motion to strike. If the motion to strike is ultimately defeated, 
  further perfecting amendments to the pending text are yet in order. 
  Deschler Ch 27 Sec. Sec. 15.8, 15.26.
      A motion to strike a pending portion of a bill will be held in 
  abeyance until perfecting amendments to that portion are disposed of. 
  Manual Sec. 469. However, a Member who has been recognized to debate 
  his motion to strike may not be deprived of the floor by another 
  Member who seeks to offer a perfecting amendment. After the Member so 
  recognized has completed his five minutes in support of his motion to 
  strike, but before the question is put on the motion to strike, the 
  perfecting amendment may be offered and voted upon. Deschler Ch 27 
  Sec. 15.11.
      Whether or not preferential perfecting amendments to the pending 
  text, offered pending a motion to strike that text, are adopted or 
  rejected, a vote still must be taken on the motion to strike (assuming 
  that the perfecting amendments do not change the entire text pending). 
  Deschler Ch 27 Sec. 15.24. However, if perfecting amendments are 
  agreed to, and are coextensive with the material proposed to be 
  stricken, the motion to strike the amended text falls and is not acted 
  on. Deschler Ch 27 Sec. 15.25.

          Precedence Over Amendment in the Nature of a Substitute

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


  Sec. 22 . Motions to Strike

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

[[Page 38]]

  be offered as a substitute for a pending motion to perfect the 
  paragraph or section, including where the pending perfecting amendment 
  is a motion to strike and insert new text. Deschler Ch 27 
  Sec. Sec. 17.15-17.18. Although the motion to strike is not in order 
  in this situation as a substitute, it may be offered after disposition 
  of the perfecting amendment to strike and insert if more comprehensive 
  in scope. Deschler Ch 27 Sec. Sec. 17.30-17.32.
      Although an amendment that has been agreed to may not be modified, 
  a proposition to strike it from the bill with other language of the 
  original text is in order. 8 Cannon Sec. 2855. Thus, if the pending 
  title of a bill is perfected by an amendment adding a new section 
  thereto, and the Committee of the Whole thereafter agrees to a motion 
  to strike the entire title, the words added by the perfecting 
  amendment are eliminated along with the rest of the title. 91-1, Oct. 
  3, 1969, p 28454.
      To a motion to strike certain text and insert new language, a 
  simple motion to strike all that text may not be offered as an 
  amendment, as it would have the effect of dividing the motion to 
  strike and insert, which is prohibited by rule XVI clause 5. Deschler 
  Ch 27 Sec. 17.23.
      Motion to strike unfunded Federal mandate, see rule XVIII clause 
  11; see also Sec. 49, infra.


  Sec. 23 . Motions to Strike and Insert

      As a perfecting amendment, a motion to strike and insert takes 
  precedence over a pending motion to strike. 8 Cannon Sec. 2849. It may 
  be offered while the motion to strike is pending and is first acted 
  upon. Deschler Ch 27 Sec. 16.3. If the perfecting amendment is agreed 
  to, and is coextensive with the motion to strike, the motion to strike 
  the amended text falls and is not acted on. Deschler Ch 27 Sec. 16.4.
      Under rule XVI clause 5, a motion to strike and insert is 
  indivisible. Manual Sec. 919. For this and other reasons, a motion to 
  strike is not in order as a substitute for a pending motion to strike 
  and insert. Deschler Ch 27 Sec. 17.18. Conversely, a motion to strike 
  and insert a portion of a pending section is not in order as a 
  substitute for a motion to strike the section, but may be offered as a 
  perfecting amendment to the section and is first voted upon, subject 
  to being eliminated by subsequent adoption of the motion to strike. 
  Deschler Ch 27 Sec. 17.7.


  Sec. 24 . Substitute Amendments

                                 Generally

      A ``substitute'' is a substitute for an amendment, and not a 
  substitute for the original text. Sec. 6, supra. A substitute can be 
  entertained only after

[[Page 39]]

  an amendment is pending. 8 Cannon Sec. 2883. In the Committee of the 
  Whole, the proper time to offer a substitute for an amendment is after 
  the amendment has been read and the Member offering it has been 
  permitted to debate it under the five-minute rule. Deschler Ch 27 
  Sec. 18.2. The substitute is then in order until the Chair puts the 
  question on the amendment. Deschler Ch 27 Sec. 18.3.

         Substitutes for Amendments in the Nature of a Substitute

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

                    Reoffering Substitute Propositions

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


  Sec. 25 . Offering Amendments During Yielded Time

                               In the House

      A measure being considered in the House is not subject to 
  amendment unless the Member in control yields for that purpose or the 
  previous question is either not moved or is rejected. Deschler Ch 27 
  Sec. 13.6; see Sec. 26, infra. Ordinarily, an amendment to the measure 
  may be offered only by the Member having the floor unless he yields 
  for that purpose; and it is within the discretion of the Member in 
  charge whether, and to whom, he will yield.

[[Page 40]]

   Deschler Ch 27 Sec. 13.3. An amendment may not be offered in time 
  yielded for debate only. 8 Cannon Sec. 2474; Deschler Ch 27 Sec. 13.1.
      A Member controlling debate in the House on a measure may yield to 
  another to offer an amendment, despite his prior announced intention 
  not to yield for such purpose. 8 Cannon Sec. 2470. The Member so 
  yielded to may then offer an amendment, be recognized for an hour, and 
  may himself yield time. Deschler-Brown Ch 29 Sec. 30.7.
      A Member who has the floor in debate in the House may not yield to 
  another Member to offer an amendment without losing control of his 
  time. 5 Hinds Sec. 5021. By yielding to another to offer an amendment 
  he loses his right to resume. 5 Hinds Sec. 5031. However, a Member may 
  yield to permit an amendment to be read for information without losing 
  control of his time. 8 Cannon Sec. 2477.

                       In the Committee of the Whole

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


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

                         Generally; House Practice

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

          Expiration of Debate Time in the Committee of the Whole

      An amendment to a pending section of a bill being considered in 
  the Committee of the Whole may be offered notwithstanding the 
  expiration of all time for debate on the section and any amendments 
  thereto. Deschler Ch

[[Page 41]]

  27 Sec. 14.9. Under rule XVIII clause 8, the expiration of a 
  limitation on debate under the five-minute rule does not prohibit the 
  offering of further amendments, but such amendments are not subject to 
  debate if not printed in the Congressional Record. Manual Sec. 987; 
  Deschler Ch 27 Sec. 14.10. However, where a special rule limits the 
  time for consideration of amendments, an amendment may not be offered 
  upon the expiration of that time limitation. Manual Sec. 993; see also 
  Consideration and Debate.


                        E. Consideration and Voting


  Sec. 27 . In General; Reading of Amendment

                                 Generally

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

                           Numbering Amendments

      Amendments printed in the Congressional Record are numbered in the 
  order submitted for printing. Rule XVIII clause 8.

                          Dispensing with Reading

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

                           Rereading Amendments

      An amendment that has been once read may not be read again except 
  by unanimous consent. Deschler Ch 27 Sec. 22.2. It is not within the 
  province

[[Page 42]]

  of the Chair to analyze the effect of amendments, and the Chair has 
  declined to recognize for unanimous consent that the Clerk read the 
  ``differences'' between two pending amendments. Deschler Ch 27 
  Sec. 1.33.

                   Amendment in the Nature of Substitute

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


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

                              Voting Sequence

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

[[Page 43]]

  
  


                          Effect of Special Rule

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

[[Page 44]]

                Postponed and Clustered Votes on Amendments

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

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

  Manual Sec. 984.

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

  Sec. 29 . Committee Amendments

      Pending amendments, whether favorably or adversely recommended by 
  the committee reporting the bill, must be voted on. 8 Cannon 
  Sec. 2865. The Committee of the Whole must vote on a pending amendment 
  even though

[[Page 45]]

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


  Sec. 30 . Amendments En Bloc; Use of Special Rules

                                 Generally

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

[[Page 46]]

                              Points of Order

      Where unanimous consent is requested that two or more amendments 
  be considered en bloc, points of order against any or all of them may 
  be made or reserved pending agreement to the request. Deschler Ch 27 
  Sec. 27.5. Amendments offered en bloc by unanimous consent are 
  considered as one amendment, and a single point of order against any 
  portion thereof renders the entire amendment subject to a point of 
  order. Deschler Ch 27 Sec. 27.5. Because an amendment against which a 
  point of order will be sustained should not be considered en bloc with 
  other amendments, the Chair may request a Member seeking unanimous 
  consent to consider amendments en bloc to withdraw his request when 
  the manager of the bill indicates his intention to raise a point of 
  order against one of those amendments. 96-1, June 27, 1979, pp 17029, 
  17030, 17069, 17070.

                  Consideration Pursuant to Special Rule

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

                           ``King of the Hill''

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

                         ``Top Vote Getter'' Rule

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

                     ``First Amendment Adopted'' Rule

      On rules providing for the consideration of the concurrent 
  resolution on the budget, or on other rare occasions, the Committee on 
  Rules has waived all points of order against the amendments in the 
  nature of a substitute printed in the report accompanying the rule, 
  except that the adoption of an

[[Page 47]]

  amendment in the nature of a substitute constituted the conclusion of 
  consideration of the concurrent resolution for amendment. E.g., 106-2, 
  Mar. 20, 2000, p ____


  Sec. 31 . Perfecting Amendments; Motions to Strike

                Preference as Between Perfecting Amendments

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

      Preference as Between Perfecting Amendment and Motion to Strike

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


  Sec. 32 . Substituting Amendments

                           Substitute Amendments

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

                 Amendments in the Nature of a Substitute

      An amendment in the nature of a substitute for a bill may be 
  proposed before perfecting amendments to the pending portion of the 
  original text

[[Page 48]]

  have been offered or acted on, but may not be voted on until after 
  such perfecting amendments have been disposed of. 5 Hinds Sec. 5787; 8 
  Cannon Sec. 2896; Deschler Ch 27 Sec. 25. Thus, an amendment in the 
  nature of a substitute having been proposed, amendments to the portion 
  of the original text that have been read are in order and are voted on 
  before the question is taken on the substitute. 8 Cannon Sec. 2861.
      Where a substitute--striking all of the text and inserting new 
  matter--for an amendment in the nature of a substitute is adopted, the 
  vote recurs immediately on the amendment, as amended, and no further 
  amendments to either proposition are in order, because the original 
  amendment has been changed in its entirety by the substitute. Deschler 
  Ch 27 Sec. 25.


  Sec. 33 . Points of Order

                                 Generally

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

                         Reserving Points of Order

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

                  Reservation as Inuring to Other Members

      One Member's reservation of a point of order against an amendment 
  protects the rights of all Members to insist on points of order. The 
  reserving Member need not specify the basis of his reservation. The 
  reservation of the

[[Page 49]]

  point of order inures to all Members, who may raise other points of 
  order before the intervention of further debate if the original point 
  of order is overruled or withdrawn. See Points of Order; Parliamentary 
  Inquiries.


  Sec. 34 . -- Timeliness

                                 Generally

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

                 Effect of Intervening Amendment or Debate

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

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

      Rule XXI clause 4 and clause 5(a) refer to points of order that 
  may be ``raised at any time.'' Clause 4 deals with appropriations in 
  bills reported by committees not having jurisdiction to report 
  appropriations and prohibits

[[Page 50]]

  amendments carrying appropriations during consideration of a bill 
  reported by a committee not having that jurisdiction. Clause 5(a) is 
  aimed at tax or tariff measures contained in a bill reported by a 
  committee not having that jurisdiction, or amendments of the Senate or 
  amendments in the House that are offered to a bill not reported 
  therefrom. Points of order under these rules must still be raised when 
  the offending bill or amendment is before the House for consideration. 
  However, intervening debate or amendments will not preclude a proper 
  point of order from being cognizable by the Chair when raised during 
  the pendency of the amendment under the five-minute rule. See Points 
  of Order; Parliamentary Inquiries.


  Sec. 35 . Debate on Amendments

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


  Sec. 36 . Withdrawal of Amendment

                       In the Committee of the Whole

      Under rule XVIII clause 5(a), an amendment may not be withdrawn in 
  the Committee of the Whole except by unanimous consent, unless 
  withdrawal authority is conferred by the House. Manual Sec. Sec. 905, 
  978; 5 Hinds Sec. Sec. 5221, 5753; 8 Cannon Sec. Sec. 2465, 2859; 
  Deschler Ch 27 Sec. 20.1. Thus, where a Member has been recognized by 
  the Chairman to offer an amendment and the amendment has been reported 
  by the Clerk, unanimous consent is required to withdraw the amendment. 
  Deschler Ch 27 Sec. 20.4. However, unanimous consent is not required 
  to withdraw an amendment that is at the Clerk's desk but which has not 
  been offered by the Member. Deschler Ch 27 Sec. 20.5.

[[Page 51]]

      Where a point of order is made or reserved against an amendment 
  and a unanimous-consent request is then made for the withdrawal of the 
  amendment, the Chair will first dispose of the unanimous-consent 
  request. Deschler Ch 27 Sec. 20.6.
      The withdrawal of an amendment by unanimous consent does not 
  preclude its being subsequently reoffered, and unanimous consent is 
  not required to reoffer the amendment if otherwise in order. Deschler 
  Ch 27 Sec. 20.10.

                               In the House

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


  Sec. 37 . Modification of Amendment

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

[[Page 52]]

  amend rather than as a unanimous-consent request. 99-1, Dec. 5, 1985, 
  pp 34730, 34731.
      A unanimous-consent request may be entertained in the Committee of 
  the Whole to permit the modification of a designated amendment made in 
  order by a ``modified-closed'' special rule, once pending. Manual 
  Sec. 905.


        F. Effect of Adoption or Rejection; Changes After Adoption


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

                                 Generally

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

                          Effect of Inconsistency

      The Chair will not rule out an amendment as being inconsistent 
  with an amendment previously adopted, as the consistency of amendments 
  is a question for the House to determine by its vote on the amendment. 
  Manual Sec. 466; Deschler Ch 27 Sec. 29.23. It follows that an 
  amendment is not subject to a point of order that its provisions are 
  inconsistent with a section of the bill already considered under the 
  five-minute rule. Deschler Ch 27 Sec. 29.25. An amendment in the form 
  of a new section to the bill may be offered notwithstanding its 
  possible inconsistency with an amendment previously adopted. Deschler 
  Ch 27 Sec. 29.26.

[[Page 53]]

            Amendments Negating Proposition Previously Adopted

      The Committee of the Whole may not amend a section of a bill 
  already passed during the reading. However, it may adopt an amendment 
  to a later section that has the effect of negating the provisions of 
  the earlier section because the Committee of the Whole may consider a 
  subsequent amendment which contradicts a proposition previously agreed 
  to. Deschler Ch 27 Sec. 29.20.

                      Changes Following Amended Text

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

      Amendments Changing More Comprehensive Portion of Pending Text

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

                          Effect of Special Rule

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

[[Page 54]]

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

      It is not in order to offer an amendment merely striking an 
  amendment previously agreed to. 94-1, Aug. 1, 1975, pp 26946, 26947. 
  For example, where by amendment a new paragraph or section has been 
  added to the text, it is not in order to offer an amendment that 
  merely strikes out that new paragraph or section. Manual Sec. 474; 
  Deschler Ch 27 Sec. 30.10.
      On the other hand, the adoption of a perfecting amendment to a 
  portion of the text of a bill does not preclude a vote on a pending 
  motion to strike the entire text as amended. Deschler Ch 27 Sec. 30.4. 
  Similarly, although a provision inserted by amendment may not 
  thereafter be stricken, a motion to strike more than the provision 
  previously inserted is in order. Deschler Ch 27 Sec. 30.7.
      Although the adoption of an amendment changing all the text of a 
  section precludes a vote on a pending motion to strike that section, 
  the motion to strike will still be voted on where the perfecting 
  amendment to the section changes some but not all of that text. 
  Deschler Ch 27 Sec. 30.3. However, in this situation another 
  perfecting amendment to strike the remainder of the section not yet 
  perfected may be offered and voted on before the motion to strike the 
  entire section and, if adopted, the motion to strike the section would 
  then fall, the whole text having been changed. Deschler Ch 27 
  Sec. 30.14.
      The adoption of a perfecting amendment to part of a section does 
  not preclude a motion to strike the section and insert new text. 
  Deschler Ch 27 Sec. 30.12. Similarly, the adoption of a perfecting 
  amendment inserting language at the end of a paragraph does not 
  preclude an amendment striking the entire perfected paragraph and 
  inserting new language. Deschler Ch 27 Sec. 30.15. However, where a 
  bill is being read by section, and committee amendments adding new 
  sections at the end of a bill have been adopted, an amendment 
  proposing to strike a section of the original bill and the new 
  sections is not in order. Deschler Ch 27 Sec. 30.9.


  Sec. 40 . Effect of Adoption of Motions to Strike

                       Adoption of Motion to Strike

      A motion to strike a section of a bill, if adopted by the 
  Committee of the Whole, strikes the entire section including a 
  provision that was added as a perfecting amendment to that section. 
  Adoption by the Committee of the amendment striking the section 
  vitiates the Committee's prior adoption of perfecting amendments to 
  that section, and only the motion to strike is reported to the House. 
  Deschler Ch 27 Sec. Sec. 31.1, 31.2. The bill returns to the

[[Page 55]]

  form as originally introduced upon rejection by the House of the 
  amendment reported by Committee. Deschler Ch 27 Sec. 31.3. Where an 
  amendment has been adopted striking language in a bill, a perfecting 
  amendment to the stricken language comes too late and is not in order. 
  Thus, where the Committee of the Whole has adopted an amendment 
  striking several consecutive paragraphs in a bill, an amendment 
  proposing to insert language in a paragraph which had been stricken 
  comes too late. Deschler Ch 27 Sec. 31.9.
      Although it is not in order to reinsert precise language stricken 
  by amendment, an amendment similar but not identical to the stricken 
  language may be offered if germane to the pending portion of the bill. 
  Deschler Ch 27 Sec. 31.6.

                  Adoption of Motion to Strike and Insert

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


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

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

[[Page 56]]

  bill. Deschler Ch 27 Sec. 32.8. When the substitute is agreed to, the 
  question recurs immediately on the amendment as amended by the 
  substitute, and further perfecting amendments to the amendment 
  (including pro forma amendments) are not then in order. Deschler Ch 27 
  Sec. 32.22.


  Sec. 42 . Amendments Pertaining to Monetary Figures

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

[[Page 57]]

      Members have offered ``fetch-back'' amendments to appropriation 
  bills, which are new paragraphs inserted to change amounts contained 
  in previous paragraphs. ``Fetch-back'' amendments may be in order as 
  long as the amendment is germane to the portion of the bill to which 
  offered and amounts only to a reduction of funds contained in previous 
  paragraphs. E.g., 106-1, Aug. 5, 1999, p ____. However, a ``fetch-
  back'' amendment increasing an amount contained in a prior paragraph 
  must be supported by an authorization. Such support is necessary 
  because the precedents that admit a germane perfecting amendment to an 
  unauthorized item permitted to remain deal with actual changes in the 
  figure permitted to remain and not with the insertion of new matter 
  beyond that permitted to remain. Manual Sec. 1058. For example, 
  waivers of points of order against unauthorized items are usually 
  stated as waivers against portions of the bill and not against 
  amendments adding unauthorized increases at another part of the bill. 
  An authorized ``fetch-back'' increase also may be a violation of the 
  subcommittee's allocation under section 302(f) of the Congressional 
  Budget Act of 1974.


  Sec. 43 . Effecting Changes by Unanimous Consent

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

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

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


  Sec. 44 . Amendments Previously Considered and Rejected

                                 Generally

      It is not in order to offer an amendment identical to one 
  previously rejected. Deschler Ch 27 Sec. Sec. 35.1, 35.2. However, an 
  amendment that raises

[[Page 58]]

  the same question by the use of different language may be admissible. 
  Deschler Ch 27 Sec. 35. An amendment similar but not identical thereto 
  may be considered if a substantive change has been made. Deschler Ch 
  27 Sec. Sec. 35.3, 35.4. Rejection of an amendment changing a figure 
  in a bill does not preclude the offering of a different amendment to 
  that provision. Deschler Ch 27 Sec. 35.21.
      An amendment in different form may be entertained even though its 
  effect may be similar to that of the rejected amendment. Deschler Ch 
  27 Sec. Sec. 35.11, 35.13. Thus, in one instance, after an amendment 
  containing a limitation on the use of funds in an appropriation bill 
  had been rejected, the Chair held that another amendment--containing a 
  similar limitation and also stating an exception from that 
  limitation--was not an identical amendment and could be offered. 
  Deschler Ch 27 Sec. 35.18. Presiding officers have been reluctant to 
  rule out an amendment as dilatory merely because of a similarity to 
  one previously rejected. Deschler Ch 27 Sec. 35.7.
      A motion offered as a substitute for an amendment and rejected may 
  be offered again as a separate amendment. Deschler Ch 27 Sec. 35.8. 
  Similarly, a proposition offered as an amendment to an amendment and 
  rejected may be offered again, in identical form, as an amendment to 
  the bill. Deschler Ch 27 Sec. 35.9.
      A portion of a rejected amendment may be subsequently offered as a 
  separate amendment if presenting a different proposition. Thus, 
  rejection of an amendment consisting of two sections does not preclude 
  one of those sections being subsequently offered as a separate 
  amendment. Deschler Ch 27 Sec. 35.17.

                       Rejection of Motion to Strike

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

                      Rejection of En Bloc Amendments

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

[[Page 59]]

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


  Sec. 45 . In General; Voting

                                 Generally

      Only amendments adopted in the Committee of the Whole are reported 
  to the House. All amendments so reported stand on an equal footing and 
  must be voted on by the House, notwithstanding inconsistencies among 
  them, and are subject to amendment in the House unless the previous 
  question is ordered. 4 Hinds Sec. Sec. 4871, 4881; 8 Cannon Sec. 2419. 
  However, under modern practice, the previous question is ordered by 
  special rule upon the rising and reporting of the Committee of the 
  Whole. Where in the unusual case it is in order to submit additional 
  amendments to the pending bill, the first question is on the 
  amendments reported from the Committee of the Whole. 4 Hinds 
  Sec. 4872.

                 Kinds of Amendments Reported to the House

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

                         Demanding a Separate Vote

      Although it is a frequent practice for the House by unanimous 
  consent, to act at once--en gros--on all the amendments to a bill 
  reported from the Committee of the Whole, it is the right of any 
  Member to demand a separate vote on any reported first-degree 
  amendment. 4 Hinds Sec. Sec. 4893, 4894; 8 Cannon Sec. 2419. However, 
  in the absence of a special rule providing therefor, a separate vote 
  may not be had in the House on an amendment to an

[[Page 60]]

  amendment which has been adopted by the Committee of the Whole. 
  Deschler Ch 27 Sec. 36.6. This principle precludes a separate vote in 
  the House on an amendment to an amendment in the nature of a 
  substitute adopted in the Committee. Deschler Ch 27 Sec. 36.8. Because 
  the Committee in reporting a bill with an amendment to the House 
  reports such amendment in its perfected form, it is not in order in 
  the House to have a separate vote upon each perfecting amendment to 
  the amendment that has been agreed to in the Committee absent a 
  special rule providing to the contrary. Deschler Ch 27 Sec. 36.
      A special rule may, of course, provide for separate votes on 
  second-degree amendments. Deschler Ch 27 Sec. 36. However, where 
  separate votes are permitted, only those amendments reported to the 
  House from the Committee of the Whole are voted on; it is not in order 
  to demand a separate vote in the House on amendments rejected in the 
  Committee. Deschler Ch 27 Sec. 36.12. The House theoretically has no 
  information as to actions of the Committee of the Whole on amendments 
  not reported therefrom. Deschler Ch 27 Sec. 36.
      Where a special rule permits a demand in the House for a separate 
  vote on an amendment adopted to an amendment in the nature of a 
  substitute for a bill reported from the Committee of the Whole, the 
  Speaker inquires whether a separate vote is demanded before putting 
  the question on the amendment in the nature of a substitute. Deschler 
  Ch 27 Sec. 36.14. A Member must demand the separate vote before the 
  question is taken on the substitute. Deschler Ch 27 Sec. 36.18. A 
  demand in the House for a separate vote on an amendment to the 
  amendment comes too late after the amendment, as amended, has been 
  agreed to. Deschler Ch 27 Sec. 36.19.

                            En Bloc Amendments

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

[[Page 61]]

                          Order of Consideration

      When demand is made for separate votes in the House on several 
  amendments adopted in the Committee of the Whole, such amendments are 
  read and voted on in the House in the order in which they appear in 
  the bill as reported from the Committee of the Whole--not in the order 
  in which agreed to in Committee or in which demanded in the House. 
  Manual Sec. 337; Deschler Ch 27 Sec. Sec. 36.16, 37.1. However, where 
  a special rule prescribes the order for consideration of amendments 
  (with the bill being considered as read) in the Committee of the 
  Whole, then separate votes demanded in the House on adopted amendments 
  are taken in that same order, regardless of the order in which the 
  amendments may appear in the bill. Manual Sec. 337.
      Where a special rule provides for a separate vote on an amendment 
  to an amendment in the nature of a substitute reported from the 
  Committee of the Whole, the Speaker puts the question first on the 
  amendment on which a separate vote is demanded, then on the amendment 
  in the nature of a substitute, as amended. Deschler Ch 27 Sec. 37.6.


  Sec. 46 . Effect of Rejection of Amendment

                                 Generally

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

                       Rejection of Motion to Strike

      Where the Committee of the Whole adopts perfecting amendments to 
  language of a bill and then agrees to an amendment striking that 
  language, only the latter amendment is reported to the House. In the 
  event of its rejection in the House, the original language, and not 
  the perfected text, is before the House. Deschler Ch 37 
  Sec. Sec. 38.3, 38.8. However, the practice may be otherwise where the 
  House is operating under a special rule allowing separate votes in the 
  House on any amendment adopted in the Committee of the Whole. As 
  indicated elsewhere (Sec. 45, supra), under such a rule all amendments 
  adopted in Committee to the amendment are reported to the House 
  regardless of their inconsistency. The House may retain a section as 
  per

[[Page 62]]

  fected in the Committee of the Whole by first adopting on separate 
  votes the perfecting amendments to the section and then rejecting on a 
  separate vote the motion to strike that section. Deschler Ch 27 
  Sec. 38.11 (note).


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

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


                   H. Amendments to Titles and Preambles


  Sec. 48 . In General

                              Amending Titles

      Amendments to the title of a bill are not in order until after 
  passage of the bill, and are then voted upon without debate. Deschler 
  Ch 24 Sec. 9.4;

[[Page 63]]

  Deschler Ch 27 Sec. 19.1. Under rule XVI clause 6, the title of a bill 
  can be amended only after the bill has been passed; and an amendment 
  in the Committee of the Whole proposing an amendment to the title is 
  not in order. Manual Sec. 922; Deschler Ch 27 Sec. 19.4. Committee 
  amendments to the title of a bill are automatically reported by the 
  Clerk after passage of the bill, although an amendment to a committee 
  amendment to the title may be offered from the floor. Deschler Ch 27 
  Sec. 19.6.

                  Amending Preambles of Joint Resolutions

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

          Amending Preambles of Simple or Concurrent Resolutions

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


                I. Amendments Containing Unfunded Mandates


  Sec. 49 . In General

      Sections 425 and 426 of the Congressional Budget Act of 1974, 
  provide a point of order against an amendment increasing the direct 
  costs of Federal intergovernmental mandates by an amount exceeding 
  certain thresholds. A point of order against an amendment is debatable 
  for 20 minutes and is thereafter disposed of, not by a ruling of the 
  Chair, but by a vote of the

[[Page 64]]

  House or Committee of the Whole when the Chair states the question of 
  consideration on the amendment. Notwithstanding this provision, it is 
  always in order, unless specifically waived by terms of a special 
  rule, to move to strike any such Federal mandate from the portion of 
  the bill then open to amendment. Rule XVIII clause 11; see Unfunded 
  Mandates.



[[Page 65]]

 
                           CHAPTER 3 - APPEALS

                              HOUSE PRACTICE

  Sec. 1. In General; Forms
  Sec. 2. When in Order
  Sec. 3. When Not in Order
  Sec. 4. Debate on Appeal
  Sec. 5. Motions
  Sec. 6. Withdrawal
  Sec. 7. Effect of Adjournment
        Research References
          5 Hinds Sec. Sec. 6877, 6938-6952
          8 Cannon Sec. Sec. 3435, 3452-3458
          Deschler-Brown Ch 31 Sec. 13
          Manual Sec. Sec. 379, 627-629, 641, 844, 902, 903

  Sec. 1 . In General; Forms

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

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

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

[[Page 66]]

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


  Sec. 2 . When in Order

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

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

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


  Sec. 3 . When Not in Order

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

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


[[Page 67]]



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

                       Untimely or Dilatory Appeals

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

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


  Sec. 4 . Debate on Appeal

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

[[Page 68]]

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


  Sec. 5 . Motions

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

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


  Sec. 6 . Withdrawal

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


  Sec. 7 . Effect of Adjournment

      An appeal pending at adjournment at the end of the day ordinarily 
  comes up for consideration on the next legislative day. 5 Hinds 
  Sec. 6945. However, an appeal pending at adjournment on a day set 
  apart for Private Calendar business and related to private business 
  goes over to the next day

[[Page 69]]

  provided for consideration of business on the Private Calendar. Where 
  the House has adjourned and reconvened to meet again on the same 
  calendar day and the call of the Private Calendar is still in order, 
  the appeal comes up as unfinished business. 97-1, Nov. 17, 1981, pp 
  27772, 27773.


[[Page 71]]

 
                       CHAPTER 4 - APPROPRIATIONS

                              HOUSE PRACTICE

                              I. Introductory

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

                      II. General Appropriation Bills

              A. Introductory

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

              B. Authorization of Appropriation

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

              C. Authorization for Particular Purposes or Programs

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

[[Page 72]]

              D. Authorization for Public Works

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

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

              A. Generally

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

              B. Changing Prescribed Funding

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

              C. Changing Executive Duties or Authority

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

              D. The Holman Rule; Retrenchments

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

[[Page 73]]

  Sec. 49. Floor Consideration; Who May Offer

              IV. Limitations on General Appropriation Bills

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

                            V. Reappropriations

  Sec. 60. In General

                  VI. Reporting; Consideration and Debate

              A. Generally

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

              B. Senate Amendments

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

                 VII. Nonprivileged Appropriation Measures

  Sec. 72. In General; Continuing Appropriations

[[Page 74]]

  Sec. 73. Supplemental Appropriations
  Sec. 74. Appropriations for a Single Agency
  Sec. 75. Consideration

                 VIII. Appropriations in Legislative Bills

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

                              I. Introductory


  Sec. 1 . In General; Constitutional Background

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


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

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

[[Page 75]]

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

      The House has traditionally taken the view that this prerogative 
  encompasses the sole power to originate all general appropriation 
  bills. Deschler Ch 25 Sec. 13. On more than one occasion, the House 
  has returned to the Senate a Senate bill or joint resolution 
  appropriating money on the ground that it invaded the prerogatives of 
  the House. Deschler Ch 13 Sec. Sec. 20.2, 20.3. In 1962, when the 
  Senate passed a joint resolution continuing funds for the Department 
  of Agriculture, the House passed a resolution declaring that the 
  Senate's action violated article I, section 7 of the Constitution and 
  was an infringement of the privileges of the House. Deschler Ch 13 
  Sec. 20.2. In support of the view that the House has the sole power to 
  originate appropriation bills, it has been noted that at the time of 
  the adoption of the Constitution the phrase ``raising revenue'' was 
  equivalent to ``raising money and appropriating the same.'' 62-1, The 
  Supply Bills, S. Doc. No. 872.


  Sec. 3 . Definitions; Kinds of Appropriation Measures

                                 Generally

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

                        Types of Appropriation Acts

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

     General appropriation bills provide budget authority to 
         departments and agencies, usually for a specified fiscal year. 
         Today, there are 13 regular appropriation Acts for each fiscal 
         year. See Sec. 6, infra.
     A supplemental appropriation is an Act appropriating funds in 
         addition to those in the 13 regular annual appropriation Acts. 
         Supplemental appropriations provide additional budget authority 
         beyond the original estimates for an agency or program. Such a 
         bill may be used after the fiscal year has begun to provide 
         additional funding. Supplemental bills also may be general 
         bills within the meaning of rules XIII and XXI if covering more 
         than one agency. See Sec. 73, infra.

[[Page 76]]

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

         Privileged and Nonprivileged Appropriations Distinguished

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

      Member: Mr. Speaker, by direction of the Committee on 
    Appropriations, I submit the report on the bill making 
    appropriations for the Departments of  __________ for printing under 
    the rule.
      Speaker: The report is referred to the Union Calendar and ordered 
    printed.


  Sec. 4 . Committee and Administrative Expenses

                                 Generally

      Funding for House committees is provided by resolutions, which 
  allocate resources made available to the House in certain accounts in 
  annual Legislative Branch Appropriation Acts. Authorization for 
  payment may be obtained pursuant to rule X clause 6, which provides 
  detailed provisions for the consideration of a primary expense 
  resolution and for subsequent supplemental expense resolutions. With 
  the exception of the Committee on Appropriations, the rule applies to 
  ``any committee, commission, or other entity.'' Manual Sec. 763; 
  generally, see Committees.
      Under rule XV clause 1(b), the authority of all committees, and 
  other entities, to incur expenses, including travel expenses, is made 
  contingent

[[Page 77]]

  upon adoption by the House of expense resolutions as required under 
  rule X clause 6.
      Appropriations from accounts for committee salaries and other 
  administrative expenses of the House are under the jurisdiction of the 
  Committee on House Administration. Rule X clause 1(i); Manual 
  Sec. 724. A resolution reported by that committee providing for such 
  an expenditure is called up as privileged under rule XIII clause 5(a). 
  Such a resolution, if not formally reported by the committee, may be 
  called up and agreed to by unanimous consent. Deschler Ch 17 Sec. 4. 
  In recent years the resolution, although reported as privileged, has 
  been considered under a special order of business. E.g., 105-1, Mar. 
  21, 1997, p ____.


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

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

[[Page 78]]

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

                      II. General Appropriation Bills


                              A. Introductory


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

      Today, much of the Federal government is funded through the annual 
  enactment of 13 regular appropriation bills. The subjects of these 
  bills are determined by and coincide with the subcommittee 
  jurisdictional structure of the Committee on Appropriations. Typically 
  the 13 regular appropriation bills are identified as:

     Agriculture, Rural Development, and related agencies.
     Commerce, Justice, State, and Judiciary and related agencies.
     Defense Department.
     District of Columbia.
     Energy and Water Development.
     Foreign Operations, Export Financing, and related programs.
     Interior Department and related agencies.
     Labor-Health and Human Services-Education Departments and 
         related agencies.
     Legislative Branch.
     Military Construction.
     Transportation Department and related agencies.
     Treasury, Postal Service, and general government.

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     Veterans Affairs, Housing and Urban Development, and 
         Independent Agencies.

      The question as to just what constitutes a general appropriations 
  bill is important because rule XXI clause 2, which precludes 
  unauthorized appropriations and legislation in appropriation bills 
  applies only to general appropriation bills. Manual Sec. 1044; 
  Deschler Ch 26 Sec. 1.1; Sec. 27, infra. In the House the 13 regular 
  appropriation bills and measures providing supplemental appropriations 
  to two or more agencies are general appropriation bills. Deschler Ch 
  25 Sec. 6; Deschler Ch 26 Sec. 1.3.
      Measures that have been held not to constitute a general 
  appropriation bill include:

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


  Sec. 7 . The Restrictions of Rule XXI Clause 2

                                 Generally

      Rule XXI clause 2 contains two restrictions relative to 
  appropriation bills: it (1) prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  works in progress, and (2) prohibits provisions ``changing existing 
  law''--usually referred to as ``legislation on an appropriation 
  bill''--except for provisions that retrench expenditures under certain 
  conditions, and except for rescissions of amounts provided in 
  appropriation Acts reported by the Committee on Appropriations. Manual 
  Sec. Sec. 1036, 1038. The ``retrenchment'' provision is known as the 
  Holman rule and is discussed in section 46, infra.
      In practice, the concepts ``unauthorized appropriations'' and 
  ``legislation on general appropriation bills'' sometimes have been 
  applied almost

[[Page 80]]

  interchangeably as grounds for making points of order pursuant to rule 
  XXI clause 2. This occurs because an appropriation made without prior 
  authorization has, in a sense, the effect of legislation, particularly 
  in view of rulings of long standing that a ``proposition changing 
  existing law'' may be construed to include the enactment of a law 
  where none exists. Deschler Ch 26 Sec. 1; see also Sec. 28, infra. The 
  two concepts are treated separately in this chapter, however, because 
  they derive from different paragraphs of rule XXI clause 2 and 
  constitute distinct restrictions on the authority of the Committee on 
  Appropriations. Manual Sec. Sec. 1036, 1038.

                            Enforcement of Rule

      As all bills making or authorizing appropriations require 
  consideration in the Committee of the Whole, it follows that the 
  enforcement of the rule must ordinarily occur during consideration in 
  the Committee of the Whole, where the Chair, on the raising of a point 
  of order, may rule out any portion of the bill in conflict with the 
  rule. Manual Sec. 1044; 4 Hinds Sec. 3811. Because portions of the 
  bill thus stricken are not reported back to the House, rule XXI clause 
  1 was added in the 104th Congress to empower the Committee of the 
  Whole to strike offending provisions without Members needing to 
  reserve points of order in the House. The enforcement of the rule also 
  occurs in the House, because a motion to recommit a general 
  appropriation bill may not propose an amendment in violation of the 
  rule. Deschler Ch 26 Sec. 1.4. It should be stressed, however, that 
  the House may, through various procedural devices, waive one or both 
  requirements of the rule, and thereby preclude the raising of such 
  points of order against provisions in the bill. See Sec. 68, infra.


  Sec. 8 . Committee Jurisdiction and Functions

                                 Generally

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

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  ances, and the amount of new spending authority to be effective for a 
  fiscal year. Rule X clause 1(b); Manual Sec. 716.

                             Committee Reports

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


  Sec. 9 . Duration of Appropriation

                           Annual Appropriations

      The most common form of appropriation provides budget authority 
  for a single fiscal year. All of the 13 regular appropriation bills, 
  for example, are annual, although certain accounts may ``remain 
  available until expended.'' Where a bill provides budget authority for 
  a single fiscal year, the funds have to be obligated during the fiscal 
  year for which they are provided. The funds lapse if not obligated by 
  the end of that year. Indeed, unless an Act provides that a particular 
  fund shall be available beyond the fiscal year, appropriations are 
  made for one year only and any unused funds automatically go back into 
  the Treasury at the end of the current fiscal year. Norcross v. United 
  States, 142 Ct.Cl. 763 (1958).
      An appropriation in a regular appropriation Act may be construed 
  to be permanent or available continuously only if the appropriation 
  expressly provides that it is available after the fiscal year covered 
  by the law in which it appears, or unless the appropriation is for 
  certain purposes such as public buildings. 31 USC Sec. 1301.
      The fiscal year for the Federal government begins on October 1 and 
  ends on September 30. The fiscal year is designated by the calendar 
  year in which it ends.

                         Multi-year Appropriations

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

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                         Permanent Appropriations

      A permanent appropriation is budget authority that becomes 
  available as the result of previously enacted legislation and that 
  does not require current action by Congress. Examples include the 
  appropriations for compensation of Members of Congress and the various 
  trust funds for which the obligational authority is already provided 
  in basic law. Pub. L. No. 97-51, Sec. 130(c); Appropriations, Budget 
  Estimates, Etc., S. Doc. No. 105-18, p 937.


                     B. Authorization of Appropriation


  Sec. 10 . In General; Necessity of Authorization

                                 Generally

      Rule XXI clause 2(a) prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  ``public works and objects that are already in progress.'' Manual 
  Sec. 1036. Thus, any Member may make a point of order on the House 
  floor to prevent inclusion of an unauthorized appropriation, although 
  the House frequently waives the enforcement of the rule. See 
  Sec. Sec. 67, 68, infra.

                  Authorization to Precede Appropriation

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

[[Page 83]]

      It should be emphasized that the rule applies to general 
  appropriation bills. A joint resolution containing continuing 
  appropriations is not considered a general appropriation bill within 
  the purview of the rule, despite inclusion of diverse appropriations 
  that are not continuing in nature. Deschler Ch 25 Sec. 2.


  Sec. 11 . Duration of Authorization

                            Generally; Renewals

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


  Sec. 12 . Sufficiency of Authorization

                                 Generally

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

[[Page 84]]

  in legislation contained in a previous appropriation Act that has 
  become permanent law. Deschler Ch 25 Sec. 2.5.

       Authorization From Specific Statutes or General Existing Law

      Authorization for a program may be derived from a specific law 
  providing authority for that particular program or from a more general 
  existing law--``organic law''--authorizing appropriations for such 
  programs. Thus, a paragraph in a general appropriation bill 
  purportedly containing funds not yet specifically authorized by 
  separate legislation was held not to violate rule XXI clause 2, where 
  it was shown that all of the funds in the paragraph were authorized by 
  more general provisions of law currently applicable to the programs in 
  question. Deschler Ch 26 Sec. 10.8. Organic statutes or general grants 
  of authority in law constitute sufficient authorization to support 
  appropriations only where the general laws applicable to the function 
  or department in question do not require specific or annual 
  authorizations or a periodic authorization scheme has not subsequently 
  occupied the field. Manual Sec. 1045.
      Similarly, a permanent law authorizing the President to appoint 
  certain staff, together with legislative provisions authorizing 
  additional employment contained in an appropriation bill enacted for 
  that fiscal year, constituted sufficient authorization for a lump-sum 
  supplemental appropriation for the White House for the same fiscal 
  year. Deschler Ch 25 Sec. 2.6. The legislative history of the law in 
  question may be considered to determine whether sufficient 
  authorization for the project exists. Deschler Ch 25 Sec. 2.7. The 
  omission to appropriate during a series of years for a program 
  previously authorized by law does not repeal the law, and it may be 
  cited as providing authorization for a subsequent appropriation. 4 
  Hinds Sec. 3595.
      Some statutes expressly provide, however, that there may be 
  appropriated to carry out the functions of certain agencies only such 
  sums as Congress may thereafter authorize by law, thus requiring 
  specific subsequently enacted authorizations for the operations of 
  such agencies and not permitting appropriations to be authorized by 
  the ``organic statute'' creating the agency. See, e.g., 15 USC 
  Sec. 1024(e), establishing the Joint Economic Committee and 
  authorizing the appropriation of ``such sums as may be necessary 
  during each fiscal year;'' Deschler Ch 26 Sec. 49.2 (note).

                Effect of Prior Unauthorized Appropriations

      An appropriation for an object unauthorized by law, however 
  frequently made in former years, does not warrant similar 
  appropriations in succeeding years, unless the program in question is 
  such as to fall into the category of a continuation of work in 
  progress, or unless authorizing legislation in

[[Page 85]]

  a previous appropriation Act has become permanent law. Manual 
  Sec. Sec. 1036, 1045; 7 Cannon Sec. 1150; Sec. 25, infra.

                Incidental Expenses; Implied Authorizations

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


  Sec. 13 . Proof of Authorization; Burden of Proof

                         Burden of Proof Generally

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

[[Page 86]]

                      Burden of Proof as to Amendment

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

                   Evidence of Compliance with Condition

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


  Sec. 14 . Increasing Budget Authority

                    Increases within Authorized Limits

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

                 Increases in Excess of Amount Authorized

      An appropriation in excess of the specific amount authorized by 
  law may be in violation of rule XXI clause 2, the rule prohibiting 
  unauthorized appropriations. Deschler Ch 26 Sec. 21. Thus, where 
  existing law limited annual authorizations of appropriations for 
  incidental expenses of a program to $7,500, an appropriation for 
  $10,000 was held to be unauthorized and was ruled out on a point of 
  order. 94-1, Sept. 30, 1974, p 30981.

[[Page 87]]

      The rule that an appropriation bill may not provide budget 
  authority in excess of the amount specified in the authorizing 
  legislation has also been applied to:

     An amendment proposing an increase in the amount of an 
         appropriation authorized by law for compensation of Members of 
         the House. Deschler Ch 26 Sec. 21.2.
     A provision increasing the loan authorization for the rural 
         telephone program above the amount authorized for that purpose. 
         Deschler Ch 26 Sec. 33.3.
     A provision providing funds for the Joint Committee on Defense 
         Production in excess of the amount authorized by law. Deschler 
         Ch 26 Sec. 21.5.
     A provision containing funds in excess of amounts permitted to 
         be committed by a Federal agency for mortgage purchases. 97-2, 
         July 29, 1982, p 18636.
     An amendment en bloc transferring appropriations among objects 
         in the bill, offered under rule XXI clause 2(f), increasing an 
         appropriation above the authorized amount. Manual Sec. 1063a.

                             Waiver of Ceiling

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

           C. Authorization for Particular Purposes or Programs


  Sec. 15 . In General

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

     Appropriations for fiscal year 1979 for the Department of 
         Justice and its related agencies. Deschler Ch 26 Sec. 18.3.
     An appropriation for expenses incident to the special 
         instruction and training of United States attorneys and United 
         States marshals, their assistants and deputies, and United 
         States commissioners. Deschler Ch 26 Sec. 18.1.
     An appropriation for Coast Guard acquisitions, construction, 
         research, development, and evaluation. 95-1, June 8, 1977, pp 
         17945, 17946.
     An appropriation for the U.S. Customs Service air interdiction 
         program. 98-2, June 21, 1984, pp 17693, 17694.

[[Page 88]]

     An appropriation for liquidation of contract authority to pay 
         costs of certain subsidies granted by the Maritime 
         Administration. 92-1, June 24, 1971, p 21901.
     A provision permitting the Secretary of Labor and the 
         Secretary of Health, Education, and Welfare to use funds for 
         official reception and representation expenses. Deschler Ch 26 
         Sec. 20.19.
     A provision making funds available for distribution of 
         radiological instruments and detection devices to States by 
         loan or grant for civil defense purposes. Deschler Ch 26 
         Sec. 20.1.
     A provision making funds available for reimbursements of 
         government employees for use by them of their privately owned 
         automobiles on official business. Deschler Ch 26 Sec. 20.6.
     An appropriation for the American Revolution Bicentennial 
         Commission. 91-2, May 19, 1970, p 16165.
     An appropriation for the National Cancer Institute where a 
         lapsed periodic authorization scheme had preempted reliance on 
         an organic statute as the source of authorization. Manual 
         Sec. 1045.
     An appropriation for the President to meet ``unanticipated 
         needs.'' Manual Sec. 1045.

      The rulings cited in this division are intended to illustrate the 
  application of the rule requiring appropriations to be based on prior 
  authorization. No attempt has been made to indicate whether measures 
  similar to those ruled upon, if offered today, would in fact be 
  authorized under present laws.


  Sec. 16 . Agricultural Programs

                      Held Authorized by Existing Law

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

[[Page 89]]

                         Ruled Out as Unauthorized

     An appropriation for a celebration of the centennial of the 
         establishment of the Department of Agriculture. Deschler Ch 26 
         Sec. 11.2.
     A provision providing for the organization of a new bureau to 
         conduct investigations relating to agriculture. 4 Hinds 
         Sec. 3651.
     A provision providing for cooperation by and with State 
         agriculture investigators. 4 Hinds Sec. 3650; 7 Cannon 
         Sec. Sec. 1301, 1302.
     An appropriation to collect, compile, and analyze data 
         relating to consumer expenditures and savings. Deschler Ch 26 
         Sec. 11.7.
     An appropriation to permit the Department of Agriculture to 
         investigate and develop methods for the manufacture and 
         utilization of starches from cull potatoes and surplus crops. 
         Deschler Ch 26 Sec. 11.9.
     A provision for the refund of certain penalties to wheat 
         producers. Deschler Ch 26 Sec. 11.6.
     An amendment appropriating funds for the immediate acquisition 
         of domestic meat and poultry to be distributed consistently 
         with provisions of law relating to distribution of other foods. 
         93-2, June 21, 1974, p 20620.
     An appropriation for the control of certain crop diseases or 
         infestations. Deschler Ch 26 Sec. Sec. 11.12, 11.13.


  Sec. 17 . Programs Relating to Business or Commerce

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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

[[Page 90]]

  Sec. 18 . Defense Programs

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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


  Sec. 19 . Funding for the District of Columbia

                    Held Authorized Under Existing Law

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

[[Page 91]]

                         Ruled Out as Unauthorized

     Appropriations for certain Federal office buildings in the 
         District of Columbia that were not approved by the Public Works 
         Committees of the House and Senate as required by the Public 
         Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
     A provision permitting the use of funds by the Office of the 
         Corporation Counsel to retain professional experts at rates 
         fixed by the commissioner. Deschler Ch 26 Sec. 14.1.
     An appropriation for the preparation of plans and 
         specifications for a new main library building in the District 
         of Columbia. Deschler Ch 26 Sec. 14.12.
     An appropriation for the salary and expenses of the Office of 
         Director of Vehicles and Traffic out of the District Gasoline 
         Tax Fund. Deschler Ch 26 Sec. 14.14.
     A provision permitting the Commissioners of the District of 
         Columbia to purchase a municipal asphalt plant. Deschler Ch 26 
         Sec. 14.19.
     An amendment making funds available for expenditure by the 
         American Legion in connection with its national convention. 
         Deschler Ch 26 Sec. 14.3.
     An appropriation to reimburse certain District of Columbia 
         officials for services and expenses. 7 Cannon Sec. 1184.


  Sec. 20 . Interior or Environmental Programs

                    Held Authorized Under Existing Law

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

                         Ruled Out as Unauthorized

     An appropriation to enable the EPA to obtain reports as to the 
         probable adverse effect on the economy of certain Federal 
         environmental actions. Deschler Ch 26 Sec. 15.1.
     An appropriation to the EPA to establish an independent review 
         board to review the priorities of the agency. Deschler Ch 26 
         Sec. 15.2.

[[Page 92]]

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


  Sec. 21 . Programs Relating to Foreign Affairs

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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

[[Page 93]]

     An amendment providing funds for acquisition of sites and 
         buildings for embassies in foreign countries. 4 Hinds 
         Sec. 3606.


  Sec. 22 . Legislative Branch Funding

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

                              Held Authorized

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

                         Ruled Out as Unauthorized

     An increase in the total amount for salaries of Members beyond 
         that authorized. Deschler Ch 26 Sec. 21.2.
     An allowance payable to the attending physician of the 
         Capitol. 86-2, May 17, 1960, p 10447.

[[Page 94]]

     Funds for a parking lot for the use of Members and employees 
         of Congress. Deschler Ch 26 Sec. 20.3.
     Funds for employment by the Committee on Appropriations of 50 
         qualified persons to investigate and report on the progress of 
         certain contracts let by the United States. Deschler Ch 26 
         Sec. 20.2.


  Sec. 23 . Salaries and Related Benefits

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

                         Ruled Out as Unauthorized

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


                     D. Authorization for Public Works


  Sec. 24 . In General

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

[[Page 95]]

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

     Language providing an additional amount for construction of 
         certain public buildings. Deschler Ch 26 Sec. 19.1.
     Appropriations for certain Federal office buildings in the 
         District of Columbia where not approved by the Public Works 
         Committees of the House and Senate as required by the Public 
         Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
     An appropriation for construction of a connecting highway 
         between the United States and Alaska. Deschler Ch 26 Sec. 19.5.
     An amendment making part of an appropriation to the Army Corps 
         of Engineers for flood control available for studying specified 
         work of the Bureau of Reclamation. Deschler Ch 26 Sec. 19.8.
     A provision appropriating certain trust funds for expenses 
         relating to forest roads and trails. Deschler Ch 26 Sec. 28.2.


  Sec. 25 . Works in Progress

      Rule XXI clause 2(a), the rule that bars appropriations not 
  previously authorized by law, provides for an exception for 
  appropriations for ``public works and objects that are already in 
  progress.'' Manual Sec. 1036. Thus, when the construction of a public 
  building has commenced and there is no limit of cost, further 
  appropriations may be made under the exception for works in progress. 
  Deschler Ch 26 Sec. 8.1. The exception for works in progress under 
  rule XXI may apply even though the original appropriation for the 
  project was unauthorized. 7 Cannon Sec. 1340; Deschler Ch 26 Sec. 8.2.
      Historically, the works-in-progress exception has been applied 
  only to projects funded from the general fund of the Treasury for 
  which no authorization has been enacted. It does not apply to language 
  changing existing law by extending the authorized availability of 
  funds or in contravention of law restricting use of a special fund. An 
  appropriation for construction that is in violation of existing law, 
  which exceeds the limit fixed by law, or is governed by a lapsed 
  authorization is not permitted under the works-in-

[[Page 96]]

  progress exception of rule XXI. Manual Sec. 1048; 4 Hinds 
  Sec. Sec. 3587, 3702; 7 Cannon Sec. 1332.
      The tendency of later decisions is to narrow the application of 
  the exception under rule XXI clause 2(a) making in order 
  appropriations for works in progress. 7 Cannon Sec. 1333. The work in 
  question, to qualify under the rule, must have moved beyond the 
  planning stage. 7 Cannon Sec. 1336. To come within the terms of the 
  rule, it must be actually ``in progress,'' according to the usual 
  significance of those words, with actual work having been initiated. 4 
  Hinds Sec. 3706; Deschler Ch 26 Sec. 8.5. Merely selecting or 
  purchasing a site for the construction of a building is not 
  sufficient. 4 Hinds Sec. Sec. 3762, 3785. However, the fact that the 
  work has been interrupted--even for several years--does not prevent it 
  from qualifying under the works-in-progress exception of clause 2(a). 
  4 Hinds Sec. Sec. 3707, 3708.
      To establish that actual work has begun on the project, the Chair 
  may require some documentary evidence that work has been initiated. 
  Deschler Ch 26 Sec. 8.5. To this end, the Chair may consider a letter 
  from an executive officer charged with the duty of constructing the 
  project. Deschler Ch 26 Sec. 8.2. News articles merely suggesting that 
  work may have begun have been regarded as insufficient evidence that 
  work is in progress within the meaning of the rule. Deschler Ch 26 
  Sec. 8.7.


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

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

[[Page 97]]

  propositions to appropriate for new buildings that were not necessary 
  adjuncts to the institution have been ruled out (4 Hinds 
  Sec. Sec. 3755-3759).
      Projects that have qualified as a work in progress under rule XXI 
  clause 2(a) include:

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

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

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

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


                               A. Generally


  Sec. 27 . The Restrictions of Rule XXI Clause 2

                     In General; Historical Background

      Almost continuously since the 44th Congress, the rules have 
  contained language forbidding the inclusion in general appropriation 
  bills of language ``changing existing law.'' In 1835, when it became 
  apparent that appropriation bills were being delayed because of the 
  intrusion of legislative matters, John Quincy Adams suggested the 
  desirability of a plan that such bills ``be stripped of everything but 
  the appropriations.'' 4 Hinds Sec. 3578.
      Today, rule XXI clause 2 provides that, with two exceptions, ``A 
  provision changing existing law may not be reported in a general 
  appropriation bill . . .'' and that ``An amendment to a general 
  appropriation bill shall not be in order if changing existing law.'' 
  The exceptions set forth in clause 2(b) are for germane provisions 
  that change existing law in a way that would ``retrench'' 
  expenditures, and for rescissions of previously enacted 
  appropriations. Manual Sec. 1038; see Sec. 46, infra.
      Language changing existing law in violation of rule XXI often is 
  referred to as ``legislation on an appropriation bill.'' Deschler Ch 
  26 Sec. 1. What ``legislation'' means in this context is a change in 
  an existing law that governs how appropriations may be used.

[[Page 98]]

      Like the rule generally prohibiting unauthorized appropriations, 
  the restriction against legislating on general appropriation bills is 
  only enforced if a Member takes the initiative to enforce it by 
  raising a point of order. See Sec. 67, infra. Such a point of order 
  may be waived pursuant to various procedural devices. See Sec. 68, 
  infra.
      The rule against legislation in appropriation bills is limited to 
  general appropriation bills. Thus, a joint resolution merely 
  continuing appropriations for government agencies pending enactment of 
  the regular appropriation bills is not subject to the rule XXI clause 
  2 prohibitions against legislative language. A point of order under 
  this rule does not apply to a special order reported from the 
  Committee on Rules ``self-executing'' the adoption in the House of an 
  amendment changing existing law. Manual Sec. 1044.

                           Construction of Rule

      The rule that forbids language in a general appropriation bill 
  that changes existing law is strictly construed. Deschler Ch 26 
  Sec. 64.23. The restriction is construed to apply not only to changes 
  in an existing statute but also to the enactment of law where none 
  exists, to language repealing existing law (Sec. 28, infra), to a 
  provision making changes in court interpretations of statutory law 
  (96-2, Aug. 19, 1980, p 21978), and to a proposition to change a rule 
  of the House (4 Hinds Sec. 3819). The fact that legislative language 
  may have been included in appropriation Acts in prior years and made 
  applicable to funds in those laws does not permit the inclusion in a 
  general appropriation bill of similar language. Manual Sec. 1053.
      Under rule XXI clause 2(c), the restriction against changing 
  existing law applies specifically to amendments to general 
  appropriation bills. Manual Sec. 1039. It follows that if a motion to 
  recommit with instructions constitutes legislation on an appropriation 
  bill, the motion is subject to a point of order. Deschler Ch 26 
  Sec. 1.4.

                              Burden of Proof

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

[[Page 99]]

  burden of proving that the amendment does not change existing law. 
  Manual Sec. 1044; Deschler Ch 26 Sec. 22.29.


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

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

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

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

     The enactment of law where none exists.

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

     The repeal of existing law. 7 Cannon Sec. 1403; Deschler Ch 26 
         Sec. Sec. 24.1, 24.7.
     A waiver of a provision of existing law. Manual Sec. 1052; 
         Deschler Ch 26 Sec. Sec. 24.5, 34.14, 34.15.

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


  Sec. 29 . Imposing Contingencies and Conditions

                      Generally; Conditions Precedent

      Provisions making an appropriation contingent on a future event 
  are often presented in appropriation bills. Manual Sec. 1053. Such 
  contingencies may be phrased as conditions to be complied with, as in 
  ``funds shall be available when the Secretary has reported,'' or as 
  restrictions on funding, as in ``No funds until the Secretary has 
  reported.'' Similar tests are applied in both formulations in 
  determining whether the language constitutes legislation on an 
  appropriation bill: Is the contingency germane or does it change 
  existing law? Deschler Ch 26 Sec. 49.2. Does it impose new duties (for 
  example, to report) where none exist under law? See Sec. 31, infra.
      Precedents discussed in sections 29-31, relating to 
  ``conditions,'' could in many instances be cited under the discussion 
  in sections 20-59a, relating

[[Page 100]]

  to ``limitations.'' Language imposing a ``negative restriction'' is 
  not a proper limitation and constitutes ``legislation,'' if it creates 
  new law or requires positive determinations and actions where none 
  exist in law. See Sec. 56, infra.
      The proscription against changing existing law is applicable to 
  those instances in which the whole appropriation is made contingent 
  upon an event or circumstance as well as those in which the 
  disbursement to a particular participant is conditioned on the 
  occurrence of an event. Deschler Ch 26 Sec. Sec. 47, 48. The terms 
  ``unless,'' ``until,'' or ``provided,'' in an amendment or proviso are 
  clues that the language may contain a condition that is subject under 
  rule XXI clause 2(b) or (c) to a point of order. Language that has 
  been ruled out pursuant to this rule include:

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

[[Page 101]]

     An amendment containing certification requirements and 
         mandating certain contractual provisions as a condition to the 
         receipt of funds. Manual Sec. 1054.


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

                   Reporting to Congress as a Condition

      It is legislation on a general appropriation bill in violation of 
  rule XXI clause 2 to require the submission of reports to a committee 
  of Congress where existing law does not require that submission. 
  Manual Sec. 1054. Thus, an amendment to a general appropriation bill 
  precluding the availability of funds therein unless agencies submit 
  reports to the Committee on Appropriations--reports not required to be 
  made by existing law--constitutes legislation in violation of that 
  rule. 98-1, Nov. 2, 1983, p 30496; 99-1, July 25, 1985, pp 20806, 
  20807.

                     Congressional Action as Condition

      Under the more recent precedents, it is not in order by way of 
  amendment to make the availability of funds in a general appropriation 
  bill contingent upon subsequent congressional action. Manual 
  Sec. 1053; 90-2, June 11, 1968, p 16692; 96-1, Sept. 6, 1979, pp 
  23360, 23361. Such a condition changes existing law if its effect is 
  to require a subsequent authorization which, when enacted, will 
  automatically make funds available for expenditure without further 
  appropriations. Such a result is contrary to the process contemplated 
  in rule XXI whereby appropriations are dependent on prior 
  authorization. Deschler Ch 26 Sec. 49.2 (note). Language making the 
  availability of funds contingent upon the enactment of authorizing 
  legislation raises a presumption that the appropriation is then 
  unauthorized. 98-1, Sept. 19, 1983, pp 24640, 24641. Indeed, a 
  conditional appropriation based on enactment of authorization is a 
  concession on the face of the language that no prior authorization 
  exists. Deschler Ch 26 Sec. 47.3 (note).
      It is not in order on a general appropriation bill to direct the 
  activities of a committee, such as to require it to promulgate 
  regulations to limit the use of an appropriation. Manual Sec. 1055. As 
  such, an amendment to a general appropriation bill including language 
  to direct the budget scorekeeping for amounts appropriated was held to 
  constitute legislation and was ruled out of order under rule XXI 
  clause 2. 103-1, May 26, 1993, p 11317-19.

[[Page 102]]

      Other conditions relative to congressional action that have been 
  ruled out as legislation include:

     An amendment providing that no part of the funds in the bill 
         shall be used for the enforcement of any order restricting sale 
         of any article or commodity unless such order shall have been 
         approved by a concurrent resolution of the Congress. Deschler 
         Ch 26 Sec. 49.2.
     A provision requiring that certain contracts be authorized by 
         the appropriate legislative committees and in amounts specified 
         by the Committees on Appropriations of the Senate and House. 
         Deschler Ch 26 Sec. 49.5.
     An amendment making the availability of funds in the bill 
         contingent upon subsequent enactment of legislation containing 
         specified findings. Manual Sec. 1055.
     An amendment changing a permanent appropriation in existing 
         law to restrict its availability until all general 
         appropriation bills are presented to the President. Manual 
         Sec. 1055.
     An amendment limiting funds in the bill for certain 
         peacekeeping operations unless authorized by Congress. 103-2, 
         June 27, 1994, p 14613.
     A provision restricting certain District of Columbia funds 
         unless appropriated by Congress where existing law allowed use 
         without congressional approval. Manual Sec. 1055.


  Sec. 31 . -- Conditions Imposing Additional Duties

      Where a condition in an appropriation bill or amendment thereto 
  seeks to impose on a Federal official substantial duties that are 
  different from or in addition to those already contemplated in law, 
  the provision may be ruled out as legislative in nature. Manual 
  Sec. 1055. Thus, although it is in order on a general appropriation 
  bill to prohibit the availability of funds therein for a certain 
  activity, that prohibition may not be made contingent upon the 
  performance of a new affirmative duty on the part of a Federal 
  official. Deschler Ch 26 Sec. 50. Other provisions that have been 
  ruled out under this rule include:

     An amendment providing that no part of the money appropriated 
         shall be paid to any State unless and until the Secretary of 
         Agriculture is satisfied that such State has complied with 
         certain conditions. Deschler Ch 26 Sec. 50.2.
     A provision providing that no part of a certain appropriation 
         shall be available until it is determined by the Secretary of 
         the Interior that authorization therefor has been approved by 
         the Congress. Deschler Ch 26 Sec. 50.3.
     An amendment providing that none of the money appropriated 
         shall be paid to persons in a certain category unless hereafter 
         appointed or reappointed by the President and confirmed by the 
         Senate. Deschler Ch 26 Sec. 50.4.
     A provision prohibiting the use of funds to pay for services 
         performed abroad under contract ``unless the President shall 
         have promulgated'' certain security regulations. Deschler Ch 26 
         Sec. 50.5.

[[Page 103]]

     An amendment providing that no part of the appropriation shall 
         be used for land acquisition for airport access roads until the 
         Federal Aviation Administration shall have held public 
         hearings. Deschler Ch 26 Sec. 50.6.
     An amendment rendering an appropriation for energy 
         conservation services contingent upon recommendations by 
         Federal officials. Deschler Ch 26 Sec. 50.7.
     A provision making the availability of certain funds 
         contingent on legal determinations to be made by a Federal 
         court and an executive department. 100-2, June 28, 1988, p 
         16261.
     An amendment requiring a determination of ``successor agency'' 
         status. Manual Sec. 1054.
     An exception to a limitation on funds requiring determinations 
         of ``equivalence'' of health benefits plans. Manual Sec. 1054.


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

                                 Generally

      It is in order in a general appropriation bill to include language 
  descriptive of authority provided in law as long as the description is 
  precise and does not change that authority in any respect. Deschler Ch 
  26 Sec. 23.1. However, language in an appropriation bill construing or 
  interpreting existing law, although cast in the form of a limitation, 
  is legislation and not in order. Deschler Ch 26 Sec. 24. Likewise, an 
  amendment that does not limit or restrict the use or expenditure of 
  funds in the bill, but that directs the way in which provisions in the 
  bill must be interpreted or construed, is legislation. Deschler Ch 26 
  Sec. 25.15. The rationale underlying this rule is that a provision 
  proposing to construe existing law is in itself a proposition of 
  legislation and therefore not in order. Manual Sec. 1054; 4 Hinds 
  Sec. Sec. 3936-3938. Provisions that have been ruled out pursuant to 
  this rule include:

     A provision broadening beyond existing law the definition of 
         services to be funded by an appropriation. Deschler Ch 26 
         Sec. 25.8.
     A provision defining certain expenses as 
         ``nonadministrative,'' for purposes of making a computation. 
         Deschler Ch 26 Sec. Sec. 22.13, 25.4.
     A provision making appropriations available for purchase of 
         station wagons ``without such vehicles being considered as 
         passenger motor vehicles.'' Deschler Ch 26 Sec. 22.12.
     An amendment construing certain language so as to permit the 
         withholding of funds for specific military construction 
         projects upon a determination that elimination of such projects 
         would not adversely affect national defense. Deschler Ch 26 
         Sec. 25.9.
     An amendment providing that nothing in the Act shall restrict 
         the authority of the Secretary of Education to carry out the 
         provisions of title VI of the Civil Rights Act of 1964. 96-2, 
         Aug. 27, 1980, p 23535.

[[Page 104]]

     A provision stating that a limitation on funds in the pending 
         appropriation bill is to be considered a prohibition against 
         payments to certain parties in administrative proceedings. 100-
         2, May 17, 1988, p 11305.
     A provision directing the Selective Service Administration to 
         issue regulations to bring its classifications into conformance 
         with a Supreme Court decision. Manual Sec. 1055.
     An amendment that expresses the sense of Congress that 
         reductions in appropriations in other bills should reflect the 
         proportionate reductions made in the pending bill. 101-2, Oct. 
         21, 1990, p 31709.

                Incorporation by Reference to Existing Law

      An amendment to a general appropriation bill that incorporates by 
  reference the provisions of an existing law may be subject to a point 
  of order. 88-1, Oct. 10, 1963, pp 19258-60. Thus, in 1976, a paragraph 
  in a bill containing funds for the Corporation for Public Broadcasting 
  to be available ``in accordance with the provisions of titles VI and 
  VII of the Civil Rights Act of 1964'' was ruled out as legislation in 
  violation of rule XXI clause 2, where it could not be shown that the 
  corporation was already subject to the provisions of that law. 94-2, 
  June 24, 1976, pp 20414, 20415. Other provisions ruled out for the 
  same reason include:

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


  Sec. 33 . Particular Propositions as Legislation

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

                    Provisions Relating to Agriculture

     An amendment curtailing the use of funds for price support 
         payments to certain persons and defining the term ``person'' to 
         mean an individual, partnership, firm, joint stock company, or 
         the like. Deschler Ch 26 Sec. 39.10.
     An amendment providing that certain loans be exclusively for 
         the construction and operation of generating facilities for 
         furnishing electric energy to persons in certain rural areas. 
         Deschler Ch 26 Sec. 39.5.
     A proviso that certain land banks shall be examined once a 
         year instead of at least twice as provided by law, and changing 
         the law with reference to salaries of employees engaged in such 
         examinations. Deschler Ch 26 Sec. 39.9.

[[Page 105]]

                      Provisions Relating to Commerce

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

                  Provisions Relating to Foreign Affairs

     A provision expressing the sense of the Congress concerning 
         the representation of the Chinese government in the United 
         Nations. Deschler Ch 26 Sec. 41.4.
     An amendment providing that ``a reasonable amount'' of the 
         funds provided to the Organization of American States may be 
         available for distribution in certain underdeveloped areas in 
         the United States. Deschler Ch 26 Sec. 41.9.
     An amendment stating the sense of Congress that any new Panama 
         Canal treaty must not abrogate or vitiate the ``traditional 
         interpretation'' of past Panama Canal treaties, with special 
         reference to territorial sovereignty. Deschler Ch 26 
         Sec. 41.10.
     An amendment requiring a determination of a ``successor 
         agency'' to the Palestine Broadcasting Corporation. Manual 
         Sec. 1054.

                 Provisions Relating to Federal Employment

     A provision changing the compensation received by government 
         employees under the law. 4 Hinds Sec. Sec. 3871, 3881.
     A proposition to increase the number of employees fixed by 
         law. 7 Cannon Sec. 1456; Deschler Ch 26 Sec. 43.13.
     A provision authorizing a change in the manner of appointment 
         of clerks. 4 Hinds Sec. 3880.
     A provision permitting an executive official to delegate to an 
         administrative officer the authority to make appointments of 
         certain personnel. Deschler Ch 26 Sec. 45.5.
     A provision authorizing the Secretary of Defense to adjust the 
         wages of certain civilian employees. Manual Sec. 1054.
     A provision making it a felony for a member of an organization 
         of government employees that asserts the right to strike 
         against the government to accept salary or wages paid from 
         funds contained in the pending bill. Deschler Ch 26 Sec. 43.2.
     A provision providing that the Secretary of State may, in his 
         discretion, terminate the employment of an employee whenever he 
         shall deem such termination necessary or advisable in the 
         interests of the United States. Deschler Ch 26 Sec. 43.4.
     A provision exempting persons appointed to part-time 
         employment as members of a civil service loyalty board from 
         application of certain statutes. Deschler Ch 26 Sec. 43.15.

[[Page 106]]

     Provisions Relating to Congressional Employment and Compensation

     A provision increasing or providing additional salary to 
         Members of Congress. Deschler Ch 26 Sec. Sec. 44.1, 44.2.
     A provision increasing the Members' telegraph, stationery, and 
         telephone allowances. Deschler Ch 26 Sec. 44.7.
     An amendment requiring a committee to promulgate rules to 
         limit the amount of official mail sent by Members. Deschler Ch 
         26 Sec. 44.10.
     An amendment providing that the clerk-hire roll of each Member 
         be increased by one employee. Deschler Ch 26 Sec. 44.3.
     An amendment proposing that each Member may pay to a clerk-
         hire employee $8,000 in lieu of $6,000 as basic compensation. 
         Deschler Ch 26 Sec. 44.5.
     An amendment changing the procedure for the employment of 
         committee staff personnel. Deschler Ch 26 Sec. 44.9.
     A provision mandating that House offices institute a waste 
         recycling program. 106-1, June 10, 1999, p ____.

         Provisions Relating to Housing and Public Works Programs

     A provision restricting the contract authority of the Housing 
         and Home Finance Administrator to an amount ``within the limits 
         of appropriations made available therefor.'' Deschler Ch 26 
         Sec. 45.3.
     A provision prohibiting occupancy of certain housing by 
         persons belonging to organizations designated as subversive and 
         requiring such prohibition to be enforced by local housing 
         authorities. Deschler Ch 26 Sec. 45.1.
     An appropriation for the construction of buildings for storage 
         of certain equipment and including a stated limit of cost for 
         construction of any such building. Deschler Ch 26 Sec. 45.7.
     A provision to create ``necessary and special facilities'' for 
         transporting the mails on railroads. 4 Hinds Sec. 3804.

                      B. Changing Prescribed Funding

  Sec. 34 . In General

                     Generally; Mandating Expenditures

      Language in a general appropriation bill is permitted where it is 
  drafted simply as a negative restriction or limitation on the use of 
  funds. Sec. 50, infra. Such limitations may negatively affect the 
  allocation of funds as contemplated in existing law, but may not 
  explicitly change statutory directions for distribution. Manual 
  Sec. 1056; Deschler Ch 26 Sec. 77.2. It is in violation of rule XXI 
  clause 2 to include language in a general appropriation bill directing 
  that funds therein be obligated or distributed in a manner that is 
  contrary to existing law. Manual Sec. 1057. Language directing that 
  funds in the bill

[[Page 107]]

  shall be distributed ``without regard to the provisions'' of the 
  authorizing legislation is subject to a point of order. Deschler Ch 26 
  Sec. 36.1.
      The Committee on Appropriations may report a limitation on the 
  availability of funds within the reported bill. However, a limitation 
  on the obligation of funds, or a removal of an existing statutory 
  limitation on the obligation of funds contained in existing law, is 
  legislation and in violation of rule XXI clause 2. 103-1, Sept. 23, 
  1993, p 22203.
      If existing law places a limit or cap on the total amount that may 
  be spent on a program, language in a general appropriation bill may 
  not direct an increase in that amount. 4 Hinds Sec. Sec. 3865-3867. 
  Similarly, a provision making available indefinite sums for a 
  particular program may be ruled out as legislation in violation of 
  rule XXI clause 2 where existing law provides that a definite amount 
  must be specified for that purpose in annual appropriation bills. 
  Deschler Ch 26 Sec. 33.1. Where mandatory funding levels have been 
  earmarked for certain programs by existing law, a provision in a 
  general appropriation bill rendering them ineffective may be ruled out 
  as in violation of rule XXI clause 2. Deschler Ch 26 Sec. 36.5. In 
  1982, a paragraph in a general appropriation bill directing that ``not 
  less'' than a specified sum be available for a certain purpose was 
  ruled out as legislation constituting a direction to spend a minimum 
  amount and not a negative limitation. Manual Sec. 1057. An amendment 
  to a general appropriation bill denying funds therein for a program at 
  less than a certain amount constitutes legislation where existing law 
  confers upon a Federal official discretionary authority to determine 
  minimum levels of expenditures. 95-2, July 20, 1978, p 21856. Language 
  mandating a certain allotment of funds at ``the maximum amounts 
  authorized'' has also been ruled out as legislation on an 
  appropriation bill. Deschler Ch 26 Sec. 36.2.
      Language in a general appropriation bill may not authorize the 
  adjustment of wages of government employees or permit an increase in 
  Members' office allowances only ``if requested in writing.'' Also, it 
  may not mandate reductions in various appropriations by a variable 
  percentage calculated in relation to ``overhead.'' Manual Sec. 1054. A 
  proposal to designate an appropriation as ``emergency spending'' 
  within the meaning of the budget-enforcement laws is fundamentally 
  legislative in character. Manual Sec. 1052.

                   Change in Source or Method of Funding

      Where existing law authorizes appropriations out of a special fund 
  for a particular purpose, it is not in order in an appropriation bill 
  to direct that the money be taken from the general funds of the 
  Treasury for that purpose. Deschler Ch 26 Sec. Sec. 35.1, 35.2. Thus, 
  language in a bill providing funds for an agricultural project, for 
  which funding had been authorized from the re

[[Page 108]]

  ceipts of timber sales and not from appropriated funds, was ruled out 
  as legislation in violation of rule XXI clause 2. Deschler Ch 26 
  Sec. 35.3. The language in an appropriation bill appropriating funds 
  in the Federal Aid Highway Trust Fund for expenses of forest roads and 
  trails was held to be legislation and not in order where no 
  authorization existed for the expenditure from the Highway Trust Fund 
  for those proposed purposes. Deschler Ch 26 Sec. 28.2. A provision 
  providing that airport funding be derived from a certain source, 
  thereby changing the source and method of funding under existing law, 
  was held to constitute legislation. 106-1, June 23, 1999, p ____.
      Language in a general appropriation bill that substitutes 
  borrowing authority in lieu of a direct appropriation is subject to a 
  point of order if contrary to existing law. Deschler Ch 26 Sec. 35.4.

              Changing Allotment Formulas; Setting Priorities

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


  Sec. 35 . Affecting Funds in Other Acts

                                 Generally

      Language in a general appropriation bill that is applicable to 
  funds appropriated in another Act may constitute legislation under 
  rule XXI clause 2. Deschler Ch 26 Sec. 30.10. Thus, an amendment to an 
  appropriation bill

[[Page 109]]

  seeking to change a limitation on a previous appropriation bill may be 
  held to be legislation and not in order. Deschler Ch 26 Sec. 27.26.

                                Rescissions

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


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

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

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

      A provision in an appropriation bill may permit certain funds to 
  be available ``interchangeably'' for expenditure for various 
  authorized pur

[[Page 110]]

  poses. Deschler Ch 26 Sec. 29.8. Similarly, an amendment providing 
  that a particular authorized project should be financed out of ``any 
  available unallocated funds contained in this act'' was held to be in 
  order. Deschler Ch 26 Sec. 29.10.
      See also Sec. 63, infra, for a discussion of amendments permitted 
  to be offered en bloc under rule XXI clause 2(f) that only transfer 
  appropriations among objects in the bill.


  Sec. 37 . -- Transfer of Previously Appropriated Funds

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


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

                    Generally; Availability of Balances

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

[[Page 111]]

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

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

                   Funds ``To Be Immediately Available''

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


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

                                 Generally

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

[[Page 112]]

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

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

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


  Sec. 40 . Reimbursements of Appropriated Funds

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

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

[[Page 113]]

                 C. Changing Executive Duties or Authority


  Sec. 41 . In General; Requiring Duties or Determinations

                                 Generally

      Where an amendment to or language in a general appropriation bill 
  explicitly places new duties on officers of the government or 
  implicitly requires them to make investigations, compile evidence, or 
  make judgments and determinations not otherwise required of them by 
  law, then it assumes the character of legislation under rule XXI 
  clause 2 and is subject to a point of order. Manual Sec. 1055; 4 Hinds 
  Sec. Sec. 3854-3859; Deschler Ch 26 Sec. 52. The extra duties that may 
  invalidate an amendment as being ``legislation'' are duties not now 
  required by law. The fact that they may be presently in effect, as 
  required for present and prior years in annual appropriation Acts, 
  does not protect an amendment from a point of order under rule XXI 
  clause 2. Deschler Ch 26 Sec. 63.7 (note). The point of order will lie 
  against language requiring new determinations by Federal officials 
  whether or not State officials administering the Federal funds in 
  question routinely make such determinations. Deschler Ch 26 
  Sec. 52.33. Thus, in a general appropriation bill, if not already 
  mandated by existing law, an executive official may not be required:

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

                     Approval or Certification Duties

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

[[Page 114]]

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

                          Duty to Submit Reports

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


  Sec. 42 . Burden of Proof

                                 Generally

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

            Determinations Incidental to Other Executive Duties

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


  Sec. 43 . Altering Executive Authority or Discretion

                                 Generally

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

[[Page 115]]

  ing law'' under rule XXI clause 2. 4 Hinds Sec. 3846; Deschler Ch 26 
  Sec. 51.3. A proposition that significantly alters the discretion 
  conferred on the official also ``changes existing law'' within the 
  meaning of that rule. Manual Sec. 1055; 4 Hinds Sec. Sec. 3848-3852; 7 
  Cannon Sec. 1437. Thus, where existing law authorized the expenditure 
  of funds for a program under broad supervisory powers given to an 
  executive official, provisions in an appropriation bill that impose 
  conditions affecting both the exercise of those powers and the use of 
  funds may be ruled out as legislation. Deschler Ch 26 Sec. 51.4.
      A provision in a general appropriation bill requiring the 
  performance of a duty by a Federal official which, under existing law 
  he may at his discretion perform, constitutes legislation in violation 
  of rule XXI clause 2. Deschler Ch 26 Sec. 59.20. Although it is in 
  order on a general appropriation bill to limit the availability of 
  funds therein for part of an authorized purpose (Sec. 52, infra), 
  language that restricts not the funds but the discretionary authority 
  of a Federal official administering those funds may be ruled out as 
  legislation. Manual Sec. 1054; Deschler Ch 26 Sec. 51.14.
      Language in a general appropriation bill conferring discretionary 
  authority on an executive official where none exists under existing 
  law is subject to a point of order under rule XXI clause 2. Deschler 
  Ch 26 Sec. 55.1. A proposition having the purpose of enlarging, rather 
  than restricting, an official's discretion also may be viewed as 
  changing existing law. Deschler Ch 26 Sec. 51. In 1951, language 
  granting discretionary authority to the Secretary of the Army to use 
  funds for purposes ``desirable'' in expediting military production was 
  held to be legislation and not in order. Deschler Ch 26 Sec. 59.7.

            Earmarking Funds as Affecting Executive Discretion

      The earmarking of funds for a particular item from a lump-sum 
  appropriation may constitute a limitation on the discretion of the 
  executive charged with allotment of the lump sum and thus be subject 
  to a point of order under rule XXI clause 2. 7 Cannon Sec. 1452; 
  Deschler Ch 26 Sec. 51.5. In 1955, language earmarking some of the 
  appropriations for the Veterans' Administration for a special study of 
  its compensation and pension programs was conceded to be legislation 
  and held not in order. Deschler Ch 26 Sec. 55.12.


  Sec. 44 . Mandating Studies or Investigations

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

[[Page 116]]

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


  Sec. 45 . Granting or Changing Contract Authority

                            Granting Authority

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

                           Waiving Contract Law

      Language in a general appropriation bill that waives the 
  requirements of existing law as to when certain contracts may be 
  entered into may be

[[Page 117]]

  ruled out as legislation in violation of rule XXI clause 2. Deschler 
  Ch 26 Sec. 37.14. Thus, language providing that contracts for supplies 
  or services may be made by an agency without regard to laws relating 
  to advertising or competitive bidding was conceded to be legislation 
  on an appropriation bill and held not in order. Deschler Ch 26 
  Sec. 34.1.

                      Restricting Contract Authority

      A provision in a general appropriation bill changing existing law 
  by restricting the contract authority of an executive official may be 
  ruled out on a point of order as legislation under rule XXI clause 2. 
  Deschler Ch 26 Sec. 45.3. In one instance, an amendment requiring the 
  Civil Aeronautics Authority to award contracts to the highest bidder 
  only after previously advertising for sealed bids was ruled out as 
  legislation. Deschler Ch 26 Sec. 46.3. In 1950 language authorizing an 
  agency to enter into contracts for certain purposes in an amount not 
  to exceed $7 million was conceded to be legislation on an 
  appropriation bill and was ruled out absent citation to an existing 
  law authorizing inclusion of such limitation. Deschler Ch 26 
  Sec. 37.12. Language in an appropriation bill seeking to reduce or 
  rescind contract authority contained in a previous appropriation bill 
  has also been ruled out as legislation changing existing law. Deschler 
  Ch 26 Sec. Sec. 22.14, 24.4. This is so notwithstanding rule X clause 
  1(b), which gives the Committee on Appropriations jurisdiction over 
  rescissions of appropriations (as distinguished from rescission of 
  contract authority) (Deschler Ch 26 Sec. 24.4 (note)) and rule XXI 
  clause 2(b), which permits rescissions of appropriations contained in 
  appropriation Acts.
      The rulings in this section should be considered in the light of 
  section 401(a) of the Congressional Budget Act, which precludes 
  consideration of measures reported by legislative committees providing 
  new contract authority, new authority to incur certain indebtedness, 
  or new credit authority, unless the measure also provides that such 
  authority is to be effective ``only to such extent or in the amounts 
  provided in advance in appropriation Acts.'' Since the adoption of 
  this law, language properly limiting the contractual authority of an 
  agency, if specifically permitted by law, would not render that 
  language subject to a point of order under rule XXI clause 2. Deschler 
  Ch 26 Sec. 37.

[[Page 118]]

                     D. The Holman Rule; Retrenchments


  Sec. 46 . In General; Retrenchment of Expenditures

                                 Generally

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

                Retrenchments and Limitations Distinguished

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

[[Page 119]]

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


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

      Rule XXI clause 2, the Holman rule, although permitting certain 
  retrenchment provisions as an exception to the prohibition against 
  legislation in appropriation bills, requires that such provisions be 
  germane. Manual Sec. 1038. An amendment providing that appropriations 
  ``herein and heretofore made'' be reduced by a reduction of certain 
  employees was held to be legislative and not germane to the bill, 
  because it went to funds other than those carried therein, and was 
  therefore not within the Holman rule exception. Manual Sec. 1062. An 
  amendment proposing to change existing law by repealing part of a 
  retirement Act was held not germane and not in order under the Holman 
  rule. Deschler Ch 26 Sec. 5.15.


  Sec. 48 . Reporting Retrenchment Provisions

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


  Sec. 49 . Floor Consideration; Who May Offer

      A Member may offer in his individual capacity any germane 
  amendment providing legislation on an appropriation bill if it 
  retrenches expenditures under the conditions specified by rule XXI 
  clause 2(b). 7 Cannon Sec. 1566. If an objection is made in the 
  Committee of the Whole that the particular provision constitutes 
  legislation, the proponent may cite the Holman rule in response to the 
  point of order:

      Member: Mr. Chairman, I make the point of order that the provision 
    constitutes a legislative proposition in an appropriation bill in 
    violation of rule XXI clause 2(b).
      Proponent: Mr. Chairman, it is true that this is new legislation, 
    but it retrenches expenditure, and is therefore in order under the 
    Holman rule.

      Under the earlier practice, retrenching amendments to general 
  appropriation bills could be offered during the reading of the bill 
  for amendment in

[[Page 120]]

  the Committee of the Whole. In 1983, rule XXI was narrowed to permit 
  the consideration of retrenchment amendments only when reading of the 
  bill has been completed and only if the Committee of the Whole does 
  not adopt a motion to rise and report the bill back to the House. 
  Manual Sec. 1040; generally, see Sec. 64, infra.


              IV. Limitations on General Appropriation Bills


  Sec. 50 . In General; When in Order

                                 Generally

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

     Does the limitation apply solely to the appropriation under 
         consideration?

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

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

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

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

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

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

[[Page 121]]

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

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

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

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

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

                   Construction of Rule; Burden of Proof

      The doctrine permitting limitations on a general appropriation 
  bill is strictly construed. Deschler Ch 26 Sec. 80.5. The language of 
  the limitation must not be such as, when fairly construed, would 
  change existing law (4 Hinds Sec. Sec. 3976-3983) or justify an 
  executive officer in assuming an intent to change existing law (4 
  Hinds Sec. 3984; 7 Cannon Sec. 1707). The language of rule XXI clause 
  2(c), which permits limitation amendments during the reading of a bill 
  by paragraphs only if authorized by existing law, is likewise strictly 
  construed. It applies only where existing law requires or permits the 
  inclusion of limiting language in an appropriation Act, and not merely 
  where the limitation is alleged to be ``consistent with existing 
  law.'' Manual Sec. 1043.
      The limitation must apply to a specific purpose, or object, or 
  amount of appropriation. If a proposed limitation goes beyond the 
  traditionally permissible objectives of a limitation, as for example 
  by restricting discretion in the timing of the expenditure of funds 
  rather than restricting their use for a specific object or purpose, 
  the Chair may rule that the amendment constitutes legislation in the 
  absence of a convincing argument by the proponent that the amendment 
  does not change existing law. Deschler Ch 26 Sec. 80.5.
      As a general proposition, whenever a limitation is accompanied by 
  the words ``unless,'' ``except,'' ``until,'' ``if,'' or the like, 
  there is ground to view the provision with the suspicion that it may 
  be legislation. In case of

[[Page 122]]

  doubt as to its ultimate effect, the doubt should be resolved on the 
  conservative side. Deschler Ch 26 Sec. 52.2. The limitation may not be 
  accompanied by language stating a motive or purpose in carrying it 
  out. Deschler Ch 26 Sec. 66.4. Where terms used in a purported 
  limitation are challenged because of their ambiguity or 
  indefiniteness, the burden is on its proponent to show that no new 
  duties would arise in the course of applying its terms. Deschler Ch 26 
  Sec. 57.17 (note).

                         Effecting Policy Changes

      Although a limitation on a general appropriation bill may not 
  involve changes of existing law or affirmatively restrict executive 
  discretion, it may, by a simple denial of the use of funds, change 
  administrative policy and be in order. Deschler Ch 26 Sec. 51.15. For 
  example, during consideration of an army appropriation bill in 1931, 
  an amendment was allowed that provided that the funds appropriated 
  could not be used for compulsory military training in certain schools. 
  The Chair noted that the amendment ``simply refuses to appropriate for 
  purposes that are authorized by law and for which Congress may or may 
  not appropriate as it sees fit,'' and that while the amendment did in 
  fact change a policy of the War Department, ``a change of policy can 
  be made by the failure of Congress to appropriate for an authorized 
  object.'' 7 Cannon Sec. 1694.

              Limitations Relating to Tax and Tariff Measures

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

[[Page 123]]

  IRS from collecting revenues otherwise due and owing by law, or where 
  the limitation would inevitably affect revenue collections by the 
  Customs Service. Manual Sec. 1066.


  Sec. 51 . Limitations on Amount Appropriated

                                 Generally

      A negative restriction on the use of funds above a certain amount 
  in an appropriation bill is in order as a limitation. 91-1, July 30, 
  1969, p 21471. As long as a limitation on the use of funds restricts 
  the expenditure of Federal funds carried in the bill without changing 
  existing law, the limitation is in order, even if the Federal funds in 
  question are commingled with non-Federal funds that would have to be 
  accounted for separately in carrying out the limitation. Manual 
  Sec. 1053.

                       ``Not To Exceed'' Limitations

      Language that an expenditure ``is not to exceed'' a certain amount 
  is permissible. Deschler Ch 26 Sec. 67.36. However, the fact that 
  funds in a general appropriation bill are included in the form of a 
  ``not to exceed'' limitation does not preclude a point of order under 
  rule XXI clause 2(a) that the funds are not authorized by law. Manual 
  Sec. 1044.

                      Ceilings on Total Expenditures

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

                            Spending ``Floors''

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

[[Page 124]]

  Sec. 52 . Limitations on Particular Uses

                                 Generally

      An amendment prohibiting the use of funds in a general 
  appropriation bill for a certain purpose is in order, although the 
  availability of funds for that purpose is authorized by law. Deschler 
  Ch 26 Sec. 64.1. Such limitations are in order even though contracts 
  may be left unsatisfied thereby. Deschler Ch 26 Sec. 64.25. An 
  amendment to a general appropriation bill that is strictly limited to 
  funds appropriated in the bill, and that is negative and restrictive 
  in character and prohibits certain uses of the funds, is in order as a 
  limitation even though its imposition will change the present 
  distribution of funds and require incidental duties on the part of 
  those administering the funds. Deschler Ch 26 Sec. 67.19. Thus, it has 
  been held in order in a general appropriation bill to deny the use of 
  funds:

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

      In the 108th Congress, rule XXI clause 5(a) was amended to include 
  in the definition of a tax or tariff measure an amendment proposing a 
  limitation on funds in a general appropriation bill for the 
  administration of a tax or tariff. For a discussion of the standard 
  for a limitation contained in an amendment to a reported general 
  appropriation bill as opposed to the standard for a provision in the 
  bill itself, see Sec. 50, supra.

                           Partial Restrictions

      An amendment to a general appropriation bill that restricts the 
  use of money in the bill to a part of an authorized project is in 
  order though the bill would otherwise permit full funding of the 
  authorization. 91-1, July 22,

[[Page 125]]

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

                Restrictions Relating to Agency Regulations

      It is in order on a general appropriation bill to deny the use of 
  funds to carry out an existing agency regulation. Deschler Ch 26 
  Sec. 64.28. Thus, an amendment providing that no part of a lump sum 
  shall be used to promulgate or enforce certain rules or regulations 
  precisely described in the amendment was held to be a proper 
  limitation restricting the availability of funds and in order. 
  Deschler Ch 26 Sec. 79.7. The fact that the regulation for which funds 
  are denied may have been promulgated pursuant to court order and 
  pursuant to constitutional provisions is an argument on the merits of 
  the amendment and does not render it legislative in nature. Deschler 
  Ch 26 Sec. 64.28.


  Sec. 53 . Interference with Executive Discretion

      Assuming that it does not change existing law, a negative 
  restriction on the availability of funds for a specified purpose in a 
  general appropriation bill may be a proper limitation even though it 
  indirectly interferes with an executive official's discretionary 
  authority by denying the use of funds. Deschler Ch 26 Sec. 64.26. The 
  limitation may in fact amount to a change in policy, but if the 
  limitation is merely a negative restriction on use of funds, it will 
  normally be allowed. 7 Cannon Sec. 1694; Deschler Ch 26 Sec. 51. Thus, 
  it is in order on a general appropriation bill to provide that no 
  part, or not more than a specified amount, of an appropriation shall 
  be used in a certain way, even though executive discretion be thereby 
  negatively restricted. 4 Hinds Sec. 3968; Deschler Ch 26 Sec. 51.9.
      On the other hand, it is not in order, under the guise of a 
  limitation, to affirmatively interfere with executive discretion by 
  coupling a restriction on the payment of funds with a positive 
  direction to perform certain duties contrary to existing law. Deschler 
  Ch 26 Sec. 51.12. For example, an amendment prohibiting funds from 
  being used to handle parcel post at less than attributable cost was 
  ruled out on the point of order that its effect would

[[Page 126]]

  directly interfere with the Postal Rate Commission's quasi-
  discretionary authority to establish postal rates under guidelines in 
  law. Deschler Ch 26 Sec. 51.22.
      The point of order lies against language enlarging or granting new 
  discretionary authority as well as against language curtailing 
  executive discretion. An amendment in the form of a limitation 
  providing that no part of the appropriated funds shall be paid to any 
  State unless the Secretary of Agriculture is satisfied that the State 
  has complied with certain conditions was held to be legislation 
  imposing new discretionary authority on a Federal official. Deschler 
  Ch 26 Sec. 52.25.


  Sec. 54 . Imposing Duties or Requiring Determinations

                   Generally; Imposing Executive Duties

      Although it is in order in a general appropriation bill to limit 
  the use of funds for an activity authorized by law, the House may not, 
  under the guise of a limitation in the bill, impose additional new 
  burdens and duties on an executive officer. Such a provision may be 
  ruled out as legislation on a general appropriation bill in violation 
  of rule XXI clause 2. Manual Sec. 1054. Of course, the application of 
  any limitation on an appropriation bill places some minimal extra 
  duties on Federal officials, who, if nothing else, must determine 
  whether a particular use of funds is prohibited by the limitation; but 
  when an amendment, while curtailing certain uses of funds carried in 
  the bill, explicitly places new duties on officers of the government 
  or inevitably requires them to make investigations, compile evidence, 
  discern the motives or intent of individuals, or make judgments not 
  otherwise required of them by law, then it assumes the character of 
  legislation and is subject to a point of order. Deschler Ch 26 
  Sec. 52.4.

                    Requiring Executive Determinations

      A restriction on the use of funds in a general appropriation bill 
  which requires a Federal official to make a substantive determination 
  not required by any law applicable to his authority, thereby requiring 
  new investigations not required by law, is legislation in violation of 
  rule XXI clause 2. Deschler Ch 26 Sec. 52.38. Thus, it is not in order 
  to require Federal officials, in determining the extent of 
  availability of funds, to make substantial findings not required by 
  existing law, or to make evaluations of propriety and effectiveness 
  not required to be made by existing law. Manual Sec. 1054. Language 
  requiring new determinations by Federal officials is subject to a 
  point of order regardless of whether or not State officials 
  administering the Federal

[[Page 127]]

  funds in question routinely make such determinations. Deschler Ch 26 
  Sec. 61.12.
      On the other hand, if the determinations required by the language 
  are already required by law, no point of order lies. For example, an 
  amendment denying funds to rehire certain Federal employees engaged in 
  a strike in violation of Federal law was held in order as a limitation 
  not requiring new determinations on the part of Federal officials 
  administering those funds, because existing law and a court order 
  enjoining the strike already imposed an obligation on the 
  administering officials to enforce the law. Deschler Ch 26 Sec. 74.6.

                  Impermissible Duties or Determinations

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

     An amendment proposing a reduction of expenditures through an 
         apportionment procedure authorized by law, but requiring such 
         reduction to be made ``without impairing national defense.'' 
         Deschler Ch 26 Sec. 52.6.
     A provision prohibiting use of funds for the furnishing of 
         sophisticated weapons systems to certain countries ``unless the 
         President determines'' it to be important to the national 
         security, such determination to be reported within 30 days to 
         the Congress. Deschler Ch 26 Sec. 56.1.
     An amendment providing that no part of the appropriation could 
         be used to make grants or loans to any country that the 
         Secretary of State believed to be dominated by the foreign 
         government controlling the world Communist movement. Deschler 
         Ch 26 Sec. 59.17.
     An amendment prohibiting payment of funds in the bill for the 
         support of any action resulting in the destruction of a 
         structure of historic or cultural significance. Deschler Ch 26 
         Sec. 52.17.
     A provision providing funds for grants to States for 
         unemployment compensation ``only to the extent that the 
         Secretary finds necessary.'' Deschler Ch 26 Sec. 52.14.
     A paragraph requiring that appropriations in the bill be 
         available for expenses of attendance of officers and employees 
         at meetings or conventions ``under regulations prescribed by 
         the Secretary.'' Deschler Ch 26 Sec. 52.13.
     An amendment restricting the availability of funds for certain 
         countries until the President reports to Congress his 
         determination that such country does not deny or impose more 
         than nominal restrictions on the right of its citizens to 
         emigrate. Deschler Ch 26 Sec. 55.5.
     An amendment denying the use of funds for foreign firms that 
         receive certain government subsidies but permitting the 
         President to waive such restriction in the national interest 
         with prior notice to Congress. Deschler Ch 26 Sec. 56.7.

[[Page 128]]

     An amendment denying the use of funds for a certain 
         publication until there had been a review of all conclusions 
         reached therein and a determination that they were factual. 96-
         2, July 30, 1980, pp 20504-506.
     A provision limiting the availability of funds for grants-in-
         aid to any airport that failed to provide designated and 
         enforced smoking and nonsmoking areas for passengers in airport 
         terminal areas. 99-2, July 30, 1986, p 18188.
     A section restricting funds for special pay of physicians or 
         dentists whose ``primary'' duties were administrative. 98-1, 
         Nov. 2, 1983, p 30494.
     A provision restricting funds to carry out any requirement 
         that small businesses meet certain prequalifications of 
         ``acceptable'' product marketability to be eligible to bid on 
         certain defense contracts. 98-1, Nov. 2, 1983, p 30495.

                   Determinations as to Intent or Motive

      An amendment curtailing the use of the funds for certain purposes 
  if the funds are used with a certain intent or motive requires new 
  determinations by the officials administering the funds and is subject 
  to a point of order as legislation. 91-1, July 31, 1969, pp 21653, 
  21675. Thus, an amendment prohibiting the use of funds in the bill to 
  pay rewards for information leading to the detection of any person 
  violating certain laws, or ``conniving'' to do so, was ruled out as 
  legislation because the amendment required the executive branch to 
  determine what constitutes ``conniving'' in violating the law. 96-1, 
  July 13, 1979, p 18451. Similarly, an amendment denying use of funds 
  in the bill to grant business licenses to persons selling drug 
  paraphernalia ``intended for use'' in drug preparation or use was 
  ruled out as legislation requiring new duties and judgments of 
  government officials. Deschler Ch 26 Sec. 23.18.
      An amendment prohibiting the use of funds in the bill for 
  abortions or abortion-related services, and defining abortion as the 
  ``intentional'' destruction of unborn human life, was conceded to 
  impose new affirmative duties on officials administering the funds and 
  was ruled out as legislation. Deschler Ch 26 Sec. 25.14. Similarly, a 
  paragraph prohibiting the use of funds to perform abortions except 
  where the mother's life would be endangered if the fetus were carried 
  to term (or where the pregnancy was a result of rape or incest) was 
  held to impose new affirmative duties. Manual Sec. 1055.
      In 1984, a paragraph denying use of funds in the bill to sell 
  certain loans except with the consent of the borrower was conceded to 
  be legislation requiring new determinations of ``consent'' and was 
  ruled out in violation of rule XXI clause 2(c). 98-2, May 31, 1984, p 
  14590.

[[Page 129]]

       Negative Prohibition and Affirmative Direction Distinguished

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

                      Imposing ``Incidental'' Duties

      The fact that a limitation on the use of funds may impose certain 
  incidental burdens on executive officials does not destroy the 
  character of the limitation as long as it does not directly amend 
  existing law and is descriptive of functions and findings already 
  required to be undertaken by existing law. Manual Sec. 1061; Deschler 
  Ch 26 Sec. 71.2. Thus, an amendment reducing the availability of funds 
  for trade adjustment assistance by amounts of unemployment insurance 
  entitlements was held in order where the law establishing trade 
  adjustment assistance already required the disbursing agency to take 
  into consideration levels of unemployment insurance in determining 
  payment levels. Deschler Ch 26 Sec. 61.21.
      The proponent should show that the new duties are merely 
  incidental to functions already required by law and do not involve 
  substantive new determinations. 99-1, July 26, 1985, p 20808.

                   Effect of Information ``Made Known''

      As noted above (Sec. 44, supra) and in the Manual Sec. 1055, rule 
  XXI clauses 2(b) and 2(c) were amended in the 105th Congress to render 
  legislation a provision that conditions the availability of funds on 
  certain information not required by existing law on being ``made 
  known'' to an executive official, overruling 7 Cannon Sec. 1695.

                  Imposing Duties on Non-Federal Official

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

[[Page 130]]

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

                      Duty of Statutory Construction

      Although all limitations on funds on appropriation Acts require 
  Federal officials to construe the language of that law in 
  administering those funds, that duty of statutory construction, absent 
  a further imposition of an affirmative direction not required by law, 
  does not destroy the validity of the limitation. Deschler Ch 26 
  Sec. 64.30. Thus, an amendment restricting the use of funds for 
  abortion or abortion-related services and activities was upheld as a 
  negative limitation imposing no new duties on Federal officials other 
  than to construe the language of the limitation in administering the 
  funds. Deschler Ch 26 Sec. 73.8. Similarly, it is in order on a 
  general appropriation bill to deny funds for the payment of salary to 
  a Federal employee who is not in compliance with a Federal law, if the 
  limitation places no new duties on the Federal official who is already 
  charged with enforcing that law. Deschler Ch 26 Sec. 52.34.
      On the other hand, it is not in order in a general appropriation 
  bill to limit the use of an appropriation or to provide how existing 
  laws, rules, and regulations should be construed in carrying out the 
  limitation. Also, it is not in order to condition the availability of 
  funds or contract authority upon an interpretation of local law where 
  that determination is not required by existing law. Manual 
  Sec. Sec. 1054, 1056.

               Implementation of Existing Rules or Policies

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

[[Page 131]]

  Sec. 56 . Conditional Limitations

                                 Generally

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

     To make the availability of funds in the bill contingent upon 
         a substantive determination by an executive official which he 
         is not otherwise required by law to make. Manual Sec. 1055.
     To impose additional duties on an executive officer and to 
         make the appropriation contingent upon the performance of such 
         duties. Manual Sec. 1055.
     To condition the use of such funds on the performance of a new 
         duty not expressly required by law. Manual Sec. 1054.

      To a bill making appropriations for the U.S. contribution to 
  various international organizations, an amendment providing that none 
  of the funds might be expended until all other members had met their 
  financial obligations was ruled out as legislation that imposed a duty 
  on a Federal official to determine the extent of such obligations. 
  Deschler Ch 26 Sec. 59.16.
      In one instance, an amendment limiting funds for foreign aid until 
  the President submitted a report analyzing the effectiveness of U.S. 
  economic assistance for each recipient country was held to change 
  existing law and was ruled out of order as a violation of rule XXI 
  clause 2. 100-2, May 25, 1988, p 12270. However, the imposition of 
  certain incidental burdens on executive officials will not destroy the 
  character of the limitation as long as those duties--such as 
  statistical comparisons and findings of residence and employment 
  status--are already mandated by law. Manual Sec. 1053.
      Language in a general appropriation bill in the form of a 
  conditional limitation requiring determinations by Federal officials 
  will be held to change existing law in violation of rule XXI clause 2 
  unless the Committee on Appropriations can show that the new duties 
  are merely incidental to functions already required by law and do not 
  involve substantive new determinations. Manual Sec. 1053.
      A conditional limitation in a general appropriation bill also is 
  subject to a point of order where the condition is not related to the 
  expenditures specified in the bill. Where a bill contained funds not 
  only for certain allowances for former President Nixon but also for 
  other departments and agencies, an amendment delaying the availability 
  of all funds in the bill until Nixon had made restitution of a 
  designated amount to the U.S. government was ruled out as not germane 
  and as legislation, where that contingency was not related to the 
  availability of other funds in the bill. 93-2, Oct. 2, 1974, pp 33620, 
  33621. For a discussion of conditions as legislation on appropriation 
  bills generally, see Sec. 29, supra.

[[Page 132]]

                           Condition Subsequent

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

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

      On the other hand, it is not in order in a general appropriation 
  bill to restrict the discretionary authority of an executive official 
  by a condition subsequent that changes existing law. Manual Sec. 1054. 
  For example, where existing law confers discretionary authority on an 
  executive agency as to the submission of health and safety information 
  by applicants for licenses, an amendment to a general appropriation 
  bill restricting that discretion by requiring the submission of such 
  information as a condition of receiving funds constitutes legislation. 
  96-1, June 18, 1979, pp 15286, 15287.

   Conditions Relating to the Application or Interpretation of State Law

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

[[Page 133]]

  Sec. 57 . Exceptions to Limitations

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

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

      Exceptions to limitation amendments that fail to comply with the 
  principle that limiting language must not contain legislation are 
  subject to a point of order under rule XXI clause 2. Deschler Ch 26 
  Sec. 63.7. That point of order will lie, for example, against an 
  exception from a limitation if it contains legislation requiring new 
  executive determinations. Manual Sec. 1054. However, an exception from 
  a limitation may include language precisely descriptive of authority 
  provided in law as long as the exception only requires determinations 
  already required by law and does not impose new duties on Federal 
  officials. Deschler Ch 26 Sec. 66.3.


  Sec. 58 . Limitations as to Recipients of Funds

      Although it is not in order in a general appropriation bill to 
  legislate as to qualifications of the recipients of an appropriation, 
  the House may specify that no part of the appropriation shall go to 
  recipients lacking certain qualifications. Manual Sec. 1059; 7 Cannon 
  Sec. 1655; Deschler Ch 26 Sec. 53. It is in order to describe the 
  qualifications of the recipients of the funds and to deny the 
  availability of those funds to recipients not meeting those criteria, 
  the restriction being confined to the fiscal year covered by the bill. 
  Deschler Ch 26 Sec. 64.15. It is likewise in order to deny the 
  availability of funds in the bill to an office that fails to satisfy 
  certain factual criteria, as long as

[[Page 134]]

  no new substantive determinations are required. 95-2, June 14, 1978, p 
  17668.
      Amendments requiring the recipients of funds carried in the bill 
  to be in compliance with an existing law have been permitted where the 
  concerned Federal officials are already under an obligation to oversee 
  the enforcement of existing law and are thus burdened by no additional 
  duties by the amendment. 91-1, July 31, 1969, p 21633.
      Limitations relating to the qualifications of recipients that have 
  been held in order include:

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

      An amendment to a general appropriation bill that denies the 
  availability of funds in the bill for the benefit of a certain 
  category of recipients but which requires Federal officials to make 
  additional determinations not required by law as to the qualifications 
  of those recipients is legislation. Deschler Ch 26 Sec. 53.4. Such an 
  amendment is legislation if it requires a Federal official to 
  subjectively evaluate the propriety or nature of individual conduct. 
  96-2, Sept. 16, 1980, p 25604. Provisions ruled out of order as 
  requiring additional determinations include:

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

[[Page 135]]

  Sec. 59 . Limitations on Funds in Other Acts

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

     An amendment providing that funds appropriated ``or otherwise 
         made available'' for a public works project be limited to a 
         certain use. 95-2, June 15, 1978, p 12831.
     A provision limiting the appropriation contained ``in this or 
         any other act'' to a certain purpose. Deschler Ch 26 
         Sec. 27.20.
     A provision providing that no part of ``any appropriation'' 
         shall be used for a specified purpose. Deschler Ch 26 
         Sec. 27.18.
     An amendment providing that ``no appropriation heretofore 
         made'' be used for a certain purpose. Deschler Ch 26 
         Sec. 27.21.
     An amendment declaring that ``hereafter no part of any 
         appropriation'' shall be available for certain purposes. 
         Deschler Ch 26 Sec. Sec. 27.16, 27.25.
     An amendment providing that none of the funds in the bill ``or 
         elsewhere made available'' be used for a certain purpose. 
         Deschler Ch 26 Sec. 27.12.
     An amendment providing that ``total payments to any person'' 
         under a soil conservation program shall not exceed a certain 
         amount. Deschler Ch 26 Sec. 27.5.


  Sec. 59a . Funding Floors

                   Transportation Obligation Limitations

      Section 8101(3) of the Transportation Equity Act for the 21st 
  Century (Pub. L. No. 105-178) added rule XXI clause 3, which precludes 
  consideration of a measure that would cause obligation limitations to 
  be below the level for any fiscal year set forth in section 8103 of 
  the Transportation Equity Act for the 21st Century, as adjusted, for 
  the highway category or the mass transit category, as applicable. 
  Manual Sec. 1064. The Omnibus Consolidated and Emergency Supplemental 
  Appropriations Act, 1999 (sec. 108, div. C, Pub. L. No. 105-277; 112 
  Stat. 2681-586), included the following provi

[[Page 136]]

  sion: ``Sec. 108. For the purpose of any rule of the House of 
  Representatives, notwithstanding any other provision of law, any 
  obligation limitation relating to surface transportation projects 
  under section 1602 of Pub. L. No. 105-178 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 States to decide High Priority Project funding priorities 
  within State program allocations.'' Clause 3 and the cited law should 
  be read together, notwithstanding subsequent readoption of clause 3, 
  because the two are not mutually inconsistent.

                       Funding for Aviation Programs

      Section 106 of the Wendell H. Ford Aviation Investment and Reform 
  Act for the 21st Century (Pub. L. No. 106-181) added a provision 
  establishing points of order to guarantee a certain level of budget 
  resources available from the Airport and Airway Trust Fund each fiscal 
  year through fiscal year 2003, to restrict the uses of those 
  resources, and to guarantee a certain level of appropriations. The 
  chairmen of the Committee on Rules and the Committee on Transportation 
  and Infrastructure inserted in the Congressional Record correspondence 
  concerning points of order established in this section. Manual 
  Sec. 1064a; 106-2, Mar. 15, 2000, p ____.


                            V. Reappropriations


  Sec. 60 . In General

                    Generally; Transfers Distinguished

      A restriction against the inclusion of reappropriations in general 
  appropriation bills is set forth in rule XXI clause 2(a). Manual 
  Sec. 1037. Reappropriations are to be distinguished from transfers of 
  funds, which are permitted under some circumstances. See Sec. Sec. 36, 
  37, supra.
      Before enactment of the Legislative Reorganization Act of 1946, 
  provisions that reappropriated in a direct manner unexpended balances 
  and continued their availability for the same purpose for an extended 
  period of time were not prohibited by rule XXI, because they were not 
  deemed to change existing law by conferring new authority. 4 Hinds 
  Sec. 3592; 7 Cannon Sec. 1152; Deschler Ch 26 Sec. 30. Today, however, 
  with two exceptions, rule XXI clause 2(a) precludes the 
  reappropriation of unexpended balances in a general appropriation bill 
  or amendment thereto. Manual Sec. 1037. The rule specifically excludes 
  (1) appropriations in continuation of appropriations for public works 
  on which work has commenced, and (2) transfers of unexpended balances 
  within the department or agency for which they were originally appro

[[Page 137]]

  priated. Manual Sec. 1037. As to what constitutes a public work in 
  progress under rule XXI clause 2, see Sec. 26, supra.
      Rule XXI clause 2(a) is limited by its terms to general 
  appropriation bills and amendments thereto, and the exceptions 
  specified by it apply only to propositions reported by the Committee 
  on Appropriations. Manual Sec. 1037. An unreported joint resolution 
  carrying a transfer of unobligated balances of previously appropriated 
  funds--and not containing an appropriation of any new budget 
  authority--is not a general appropriation bill within the meaning of 
  that rule. Manual Sec. 1044.

                  Provisions Subject to a Point of Order

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

                 Authorization Bills and Reappropriations

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


                  VI. Reporting; Consideration and Debate

                               A. Generally


  Sec. 61 . Privileged Status; Voting

                                 Generally

      General appropriation bills have long enjoyed a privileged status 
  under the rules of the House. Such bills may be reported ``at any 
  time'' under

[[Page 138]]

  rule XIII clause 5. Manual Sec. 853; see also Committees. In 1981, 
  this privilege was extended to joint resolutions continuing 
  appropriations for a fiscal year if reported after September 15 
  preceding the beginning of such fiscal year. Manual Sec. 853. The 
  privilege does not extend to special appropriations to address a 
  specific purpose. 8 Cannon Sec. 2285. Similarly, a joint resolution 
  providing an appropriation for a single government agency is not a 
  general appropriation bill and is not reported as privileged. Deschler 
  Ch 25 Sec. 7.4. Consideration of a privileged appropriation bill is 
  subject to a three-day layover requirment. Sec. 62, infra.
      Nonprivileged appropriation bills may be made in order by 
  unanimous consent or pursuant to a special rule reported by the 
  Committee on Rules. Deschler Ch 25 Sec. 6; see also Sec. 75, infra.
      Under rule XX clause 10, the yeas and nays are automatically 
  ordered when the Speaker puts the question on final passage or 
  adoption of any bill, joint resolution, or conference report making 
  general appropriations. Manual Sec. 1033.

             Prior Consideration in the Committee of the Whole

      All bills that make appropriations--indeed all proceedings 
  ``directly or indirectly making appropriations''--require 
  consideration first in the Committee of the Whole, and a point of 
  order may be made under rule XVIII clause 3 at any time before the 
  consideration of a bill has commenced. Manual Sec. 973. Filing an 
  appropriation bill ``as privileged'' permits a later privileged motion 
  under rule XVIII clause 4(b) that the House resolve itself into the 
  Committee of the Whole for the purpose of considering the bill. Manual 
  Sec. 977.
      To require consideration in the Committee of the Whole under rule 
  XVIII clause 3, a bill must show on its face that it falls within the 
  requirements of the rule. 4 Hinds Sec. Sec. 4811-4817; 8 Cannon 
  Sec. 2391. Where the expenditure is a mere matter of speculation (4 
  Hinds Sec. Sec. 4818-4821), or where the bill might involve a charge 
  on the Treasury but does not necessarily do so (4 Hinds 
  Sec. Sec. 4809, 4810), the rule does not apply. In passing on the 
  question as to whether a proposition involves a charge upon the 
  Treasury, the Speaker is confined to the provisions of the text and 
  may not take into consideration personal knowledge not directly 
  deducible therefrom. 8 Cannon Sec. Sec. 2386, 2391. However, where a 
  bill sets in motion a train of circumstances destined ultimately to 
  involve Treasury expenditures, it must be considered in the Committee 
  of the Whole. 4 Hinds Sec. 4827; 8 Cannon Sec. 2399. The requirements 
  of the rule apply to amendments as well as to bills. 4 Hinds 
  Sec. Sec. 4793, 4794. Indeed, the rule applies to any portion of a 
  bill requiring an

[[Page 139]]

  appropriation, even though it be merely incidental to the bill's main 
  purpose. 4 Hinds Sec. 4825; Senate amendments, see Sec. 70, infra.

        Consideration in the House as in the Committee of the Whole

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


  Sec. 62 . When Bills May Be Considered

      The privilege given to general appropriation bills is subject to 
  the requirement of rule XIII clause 4 that such bills may not be 
  considered in the House until printed committee hearings and a 
  committee report thereon have been available to the Members for at 
  least three calendar days (excluding Saturdays, Sundays, and legal 
  holidays if not in session). Manual Sec. Sec. 850-852. In counting the 
  ``three calendar days,'' the date the bill is filed or the date on 
  which it is to be called up for consideration is counted, but not 
  both. Manual Sec. 850.
      The three-day layover requirement may be waived by unanimous 
  consent or pursuant to the adoption of a special rule from the 
  Committee on Rules.


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

                     Generally; Perfecting Amendments

      Under rule XVIII clause 5(a), amendments perfecting a general 
  appropriation bill are considered in the Committee of the Whole during 
  the reading of the bill for amendment under the five-minute rule. 
  Manual Sec. Sec. 978, 980. General appropriation bills are read for 
  amendment by paragraph--unless a special rule provides otherwise--
  whereas bills appropriating funds for a specific purpose are read by 
  sections. 4 Hinds Sec. Sec. 4739, 4740; Deschler Ch 25 Sec. 11.8.
      An amendment to a paragraph in a general appropriation bill must 
  be offered immediately after that paragraph is read by the Clerk. 
  Deschler-Brown Ch 29 Sec. 19.4. Amendments are in order only to the 
  paragraph just read, not to the entire subject matter under a heading 
  in the bill. Deschler

[[Page 140]]

  Ch 25 Sec. 11.9. An amendment to a paragraph that has been passed 
  during the reading of the bill may be offered only by unanimous 
  consent. Deschler Ch 25 Sec. 11.13. Where the Clerk has read a 
  paragraph in title II, an amendment to insert a new section at the end 
  of title I may be offered only by unanimous consent. See Amendments.
      Where an initial subparagraph in a general appropriation bill 
  appropriates an aggregate amount from a special fund for specific 
  projects that are delineated and separately funded in subsequent 
  subparagraphs, each project will be treated as part of the entire 
  paragraph so as to permit the offering as one amendment of proposals 
  to change a particular project and to adjust the aggregate amount 
  accordingly. 102-2, July 1, 1992, pp 17272, 17273, 17277 (reversing a 
  ruling at 98-2, Nov. 30, 1982, p 28066).

                            En Bloc Amendments

      Under rule XXI clause 2(f), en bloc amendments proposing only to 
  transfer appropriations among objects in the bill, without increasing 
  the levels of budget authority or outlays in the bill, are in order 
  during the reading of the bill for amendment in the Committee of the 
  Whole. Such amendments may amend portions of the bill not yet read for 
  amendment and are not subject to a demand for division of the 
  question. The burden of proof is on the proponent of the amendment to 
  show the en bloc amendment does not increase the levels of budget 
  authority or outlays. Manual Sec. 1063a.

                        Consideration in the House

      Amendments adopted in the Committee of the Whole are reported to 
  the House for action. During consideration of the bill in the House, 
  it is in order to demand that those amendments be voted on separately. 
  Deschler Ch 25 Sec. 11.21.


  Sec. 64 . -- Limitation Amendments; Retrenchments

                   Amendments Authorized in Existing Law

      Limitation amendments ``specifically contained or authorized in 
  existing law for the period of the limitation'' may, pursuant to rule 
  XXI clause 2(c), be offered in the Committee of the Whole during the 
  reading of a general appropriation bill for amendment. Manual 
  Sec. Sec. 1039, 1043. However, that rule is strictly construed to 
  apply only where existing law requires or permits the inclusion of 
  limiting language in an appropriation Act, and not merely where the 
  limitation is alleged to be ``consistent with existing law.'' Manual 
  Sec. 1043.

[[Page 141]]

    Limitation Amendments Not Authorized in Existing Law; Retrenchment 
                                Amendments

      In 1983 and in 1995, the House adopted and then modified 
  procedures for the consideration of retrenchment and limitation 
  amendments: such amendments are in order only (1) when reading of the 
  bill has been completed and (2) if the Committee of the Whole does not 
  adopt a motion, if offered by the Majority Leader or his designee, to 
  rise and report the bill back to the House. Manual Sec. Sec. 1040, 
  1043. Pursuant to rule XXI clause 2(d), a general appropriation bill 
  must be read for amendment in its entirety (including the short title 
  of the bill if part of the text) before retrenchments or amendments 
  proposing limitations are in order. After the bill has been read, the 
  motion that the Committee of the Whole rise and report the bill to the 
  House with the amendments adopted takes precedence over any other 
  amendment. Manual Sec. 1043. Under clause 2(d), an amendment proposing 
  a limitation not specifically contained or authorized in existing law 
  for the period of the limitation is not in order during the reading of 
  the bill, and if offered at the completion of the reading, can be 
  entertained only if a preferential motion to rise and report, if 
  offered, is rejected. Manual Sec. 1043. However, the amendment with 
  the limitation if offered first may be considered as pending upon 
  rejection by the Committee of the preferential motion to rise and 
  report. 99-1, July 30, 1985, pp 21534-36.
      Unlike an amendment proposing a limitation or a retrenchment, an 
  amendment simply reducing an amount provided in a general 
  appropriation bill is not subject to the requirements of rule XXI 
  clause 2(d). Such amendment need not await the completion of the 
  reading and the disposition of other amendments or yield to a 
  preferential motion to rise and report. 102-2, June 30, 1992, pp 
  17139-41.


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

                                 Generally

      Points of order may be raised in the Committee of the Whole to 
  enforce the requirements imposed on general appropriation bills by the 
  rules, such as the prohibition against unauthorized appropriations 
  (Sec. Sec. 10-14, supra), the restriction against legislation in 
  general appropriation bills (Sec. 27, supra), and the proscription 
  against the inclusion of reappropriations of unexpended balances 
  (Sec. 60, supra).
      Under the former practice, points of order ordinarily had to be 
  reserved against a general appropriation bill at the time the bill was 
  reported to the House and referred to the Union Calendar and could be 
  reserved after the bill had been referred to the Committee of the 
  Whole only by unanimous

[[Page 142]]

  consent. Deschler Ch 25 Sec. 12.1. Under rule XXI clause 1, it is not 
  necessary to reserve points of order at the time the bill is referred 
  to the Union Calendar; the right of a Member to raise them at a later 
  time is automatically protected. Manual Sec. 1035.

                            Against Amendments

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


  Sec. 66 . -- Timeliness

               Generally; Points of Order Against Paragraphs

      A point of order against a provision in a general appropriation 
  bill may not be entertained during general debate but must await the 
  reading of that portion of the bill for amendment. 103-1, June 18, 
  1993, pp 13359, 13360. The time for making points of order against 
  items in an appropriation bill is after the House has resolved itself 
  into the Committee of the Whole and after the paragraph containing 
  such items has been read for amendment. Deschler Ch 25 Sec. 12.8. A 
  point of order against the paragraph on the ground that it is 
  legislation will not lie before the paragraph is read. Deschler Ch 26 
  Sec. 2.10. A point of order against two consecutive paragraphs 
  comprising a section in the bill can be made only by unanimous 
  consent. Deschler Ch 25 Sec. 12.5.
      Points of order against a paragraph must be made before an 
  amendment is offered thereto or before the Clerk reads the next 
  paragraph heading and amount. Manual Sec. 1044; Deschler Ch 26 Sec. 2. 
  A point of order against a paragraph that has been passed in the 
  reading for amendment may be made only by unanimous consent. See 
  Points of Order; Parliamentary Inquiries.
      A point of order must be made against a paragraph after it is read 
  and before an amendment is offered thereto, including a pro forma 
  amendment offered for the purpose of debate only and an amendment that 
  is ruled out of order. Deschler Ch 26 Sec. 2.21. However, the point of 
  order is not precluded by the fact that, by unanimous consent, an 
  amendment had been offered to the paragraph before it was read. 
  Deschler Ch 26 Sec. 2.10. As required by clause 2(f), the Chair will 
  query for points of order against the provisions of an appropriation 
  bill not yet reached in the reading but addressed by an amendment 
  offered en bloc under that clause. Manual Sec. 1058.

[[Page 143]]

          Timeliness Where Bill is Considered as Having Been Read

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

                    Points of Order Against Amendments

      Points of order against proposed amendments to a general 
  appropriation bill must be made or reserved immediately after the 
  amendment is read. After a Member has been granted time to address the 
  Committee of the Whole on his amendment, it is too late to make a 
  point of order against it. Deschler Ch 26 Sec. 12.13.


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

                   Generally; Against Paragraphs of Bill

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

[[Page 144]]

                            Against Amendments

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


  Sec. 68 . -- Waiving Points of Order

                     Generally; Alternative Procedures

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

     By unanimous consent. Deschler Ch 26 Sec. 31.
     By special rule from the Committee on Rules. Manual Sec. 1057; 
         4 Hinds Sec. Sec. 3260-3263; Deschler Ch 26 Sec. 3.
     By motion to suspend the rules. 4 Hinds Sec. 3845.
     By failure to make a timely point of order. Deschler Ch 26 
         Sec. 3.17.

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

                 Waiver of Points of Order by Special Rule

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

                   Waiver of Particular Points of Order

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

     Against certain paragraphs in an appropriation bill not 
         authorized by law or containing legislative language. Deschler 
         Ch 26 Sec. Sec. 3.2, 3.6.
     Against reappropriations in violation of rule XXI clause 2(a). 
         97-1, July 30, 1981, p 18803.

[[Page 145]]

     Against consideration of a bill containing new budget 
         authority in excess of allocations to subcommittees and for 
         failure of the committee report to contain a comparison of 
         spending in the bill with subcommittee allocations. 99-2, Apr. 
         22, 1986, pp 8343, 8344, 8348.
     Against consideration of the bill until printed committee 
         hearings and the committee report have been available for three 
         days as is required by rule XIII clause 4. Deschler Ch 25 
         Sec. 10.3.

        Application of Waiver to Points of Order Against Amendments

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


  Sec. 69 . Amending Language Permitted to Remain

                               When in Order

      Language that has been permitted to remain in a general 
  appropriation bill or amendment by virtue of a waiver may be modified 
  by a further amendment if it is germane and does not contain 
  additional legislation or additional unauthorized items. Manual 
  Sec. 1057; 4 Hinds Sec. 3862; 7 Cannon Sec. 1420; Deschler Ch 26 
  Sec. 3. The Chair will examine an entire legislative provision 
  permitted to remain when ruling that an amendment to a portion of the 
  provision was merely perfecting. Manual Sec. 1058.
      Where an unauthorized appropriation is permitted to remain in the 
  bill by failure to raise, or by waiver of, a point of order, an 
  amendment merely changing the amount and not adding legislative 
  language or earmarking separate funds for another unauthorized purpose 
  is in order. Manual Sec. 1057; Deschler Ch 26 Sec. 3.38. However, an 
  increase in the amount may violate sections 302 or 311 of the 
  Congressional Budget Act of 1974. An amendment adding a new paragraph 
  indirectly increasing an unauthorized amount contained in a prior 
  paragraph passed in the reading is subject to a point of order because 
  the new paragraph is adding a further unauthorized amount not 
  textually protected by the waiver. However, a new paragraph indirectly 
  reducing an unauthorized amount permitted to remain in a prior 
  paragraph

[[Page 146]]

  passed in the reading is not subject to a point of order, because it 
  is not adding a further unauthorized amount. Manual Sec. 1057.
      To a legislative provision permitted to remain conferring 
  assistance on a certain class of recipients, an amendment adding 
  another class is further legislation and is not merely perfecting in 
  nature. On the other hand, to a legislative provision permitted to 
  remain, an amendment particularizing a definition in the language was 
  held not to constitute additional legislation where it was shown that 
  the definition being amended already contemplated inclusion of the 
  covered class. Manual Sec. 1058.

                             When Not in Order

      Although legislative language in a general appropriation bill that 
  is permitted to remain therein because of a waiver of points of order 
  may be perfected by germane amendment, such an amendment may not, 
  under rule XXI clause 2, add additional legislation. Manual Sec. 1057; 
  4 Hinds Sec. Sec. 3836, 3837; 7 Cannon Sec. Sec. 1425-1434. Such an 
  amendment may not earmark funds for an unauthorized purpose or direct 
  a new use of funds not required by law. Manual Sec. 1057; Deschler Ch 
  26 Sec. 3.30. The figures in an unauthorized item permitted to remain 
  may be perfected. However, the provision may not be changed by an 
  amendment substituting funds for a different unauthorized purpose. 
  Deschler Ch 26 Sec. 3.45. An increase in such figure may not be 
  accompanied by legislative language directing certain expenditures. 
  Deschler Ch 26 Sec. 3.42. Amendments to language permitted to remain 
  in an appropriation bill that have been ruled out under rule XXI 
  clause 2 include:

     An amendment adding additional legislation prohibiting the 
         availability of funds in other Acts for certain other purposes. 
         Deschler Ch 26 Sec. 3.18.
     An amendment adding an additional class of recipients to those 
         covered by a legislative provision permitted to remain. 
         Deschler Ch 26 Sec. 3.34.
     An amendment adding further unauthorized items of 
         appropriation or adding legislation in the form of new duties. 
         99-2, July 23, 1986, pp 16850, 16851.
     An amendment broadening the application of a legislative 
         provision permitted to remain so as to apply to other funds. 
         Manual Sec. 1045.
     An amendment adding a new paragraph in another part of the 
         bill that indirectly increases an unauthorized amount passed in 
         the reading, because not textually protected by the waiver. 
         Manual Sec. 1057.
     An amendment increasing an authorized amount above the 
         authorized ceiling. Manual Sec. 1058.
     An amendment in the form of a motion to strike, extending the 
         legislative reach of the pending text. Manual Sec. 1058.
     An amendment extending restrictions on recipients of a defined 
         set of Federal payments and benefits to persons benefiting from 
         a certain tax status determined on the basis of wholly 
         unrelated criteria. Manual Sec. 1058.

[[Page 147]]

     An amendment explicitly waiving a different provision of law 
         than that addressed in language permitted to remain. Manual 
         Sec. 1058.


                           B. Senate Amendments


  Sec. 70 . In General

              Senate Amendments Before Stage of Disagreement

      Rule XXII clause 3 requires any Senate amendment involving a new 
  and distinct appropriation to be first considered in the Committee of 
  the Whole. However, the modern practice bypasses this requirement by 
  sending appropriation bills with Senate amendments directly to 
  conference, either by unanimous consent or a motion under rule XXII 
  clause 1, notwithstanding the fact that the stage of disagreement has 
  not been reached. Manual Sec. Sec. 1070, 1073, 1074. Thus, earlier 
  precedents (4 Hinds Sec. Sec. 4797-4806; 8 Cannon Sec. Sec. 2382-2385) 
  governing initial consideration of Senate amendments to appropriation 
  bills in the Committee of the Whole are largely anachronistic, and the 
  practices discussed below regarding disposition of Senate amendments 
  normally involve the post-conference stage of consideration where the 
  stage of disagreement has been reached and motions in the House to 
  dispose of Senate amendments are privileged (Manual Sec. Sec. 528a-d, 
  1075).

                        Amending Senate Amendments

      A point of order under rule XXI clause 2 does not lie against a 
  Senate amendment to a House general appropriation bill. Manual 
  Sec. Sec. 1058, 1076; 7 Cannon Sec. 1572. Where a Senate amendment on 
  a general appropriation bill proposes an expenditure not authorized by 
  law, it is in order in the House to perfect such Senate amendment by 
  germane amendments. Deschler Ch 25 Sec. 13.13; Deschler Ch 26 
  Sec. 6.1. Similarly, where the Senate attaches a ``legislative'' 
  amendment to the bill, it is in order in the House to concur with a 
  perfecting amendment provided such amendment is germane to the Senate 
  amendment. Deschler Ch 25 Sec. 13.14. In amending a Senate amendment, 
  the House is not confined to the limits of the amount set by the 
  original bill and the Senate amendment. Deschler Ch 25 Sec. 13.15.

                    Amendments Reported in Disagreement

      A Senate amendment containing legislation reported from conference 
  in disagreement (see Sec. 71, infra) may be amended by a germane 
  amendment even though the proposed amendment also is legislative. 
  Manual Sec. 1058; Deschler Ch 26 Sec. 6.9. Although rule XXII clause 5 
  prohibits House con

[[Page 148]]

  ferees from agreeing to a Senate amendment that proposes legislation 
  on an appropriation bill without specific authority from the House, 
  that rule is a restriction upon the managers only. It does not provide 
  for a point of order against such amendment when it is reported in 
  disagreement and comes up for separate action by the House. 7 Cannon 
  Sec. 1572. It is customary for the managers to report such amendments 
  in technical disagreement. After disposing of the conference report, 
  which includes those Senate amendments not in violation of rule XXI 
  clause 2, amendments reported in technical or true disagreement are 
  taken up in order and disposed of directly in the House by separate 
  motion. Manual Sec. 1076; 7 Cannon Sec. 1572. Accordingly, where a 
  Senate amendment proposing legislation on a general appropriation bill 
  is reported back from conference in disagreement, a motion to concur 
  in the Senate amendment with a further amendment is in order, even if 
  the proposed amendment adds legislation to that contained in the 
  Senate amendment, and the only test is whether the proposed amendment 
  is germane to the Senate amendment reported in disagreement. Manual 
  Sec. Sec. 1058, 1076; Deschler Ch 26 Sec. 6.5.


  Sec. 71 . Authority of Conference Managers

                                 Generally

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

[[Page 149]]

  provision was originally contained in a Senate amendment and will not 
  lie against a provision permitted by the House to remain in its bill. 
  Deschler Ch 25 Sec. 13.12. Moreover, because the rule applies only to 
  Senate amendments that are sent to conference, it does not apply to 
  appropriations contained in Senate legislative bills. Deschler Ch 25 
  Sec. 13.11; generally, see Conferences Between the Houses.

                       Authorization by Special Rule

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

                    Authorization by Unanimous Consent

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


                 VII. Nonprivileged Appropriation Measures


  Sec. 72 . In General; Continuing Appropriations

      A continuing appropriations measure is legislation enacted by the 
  Congress to provide budget authority for specific ongoing Federal 
  programs when a regular appropriation for those programs has not been 
  enacted. Deschler Ch 25 Sec. 7.1.
      Joint resolutions continuing appropriations pending enactment of 
  general appropriation bills for the ensuing fiscal year are not 
  general appropriation bills and therefore are not reported or called 
  up as privileged unless reported after September 15 preceding the 
  beginning of such fiscal year. Rule XIII clause 5(a); Manual Sec. 853; 
  8 Cannon Sec. 2282; Deschler Ch 25 Sec. 7. A con

[[Page 150]]

  tinuing resolution may be called up by unanimous consent or under a 
  special rule. See Sec. 75, infra.
      A continuing resolution is not a general appropriation bill within 
  the meaning of rule XXI clause 2 and is therefore not subject to its 
  provisions. The restrictions against unauthorized items or legislation 
  in a general appropriation bill or amendment thereto are not 
  applicable to a continuing resolution despite inclusion of diverse 
  appropriations that are not continuing in nature. 94-1, June 17, 1975, 
  p 19176; Deschler Ch 26 Sec. 1.2.


  Sec. 73 . Supplemental Appropriations

      A supplemental appropriation provides budget authority in addition 
  to regular or continuing appropriations already made. Bills making 
  supplemental appropriations for diverse agencies are considered 
  general appropriation bills and are reported as such. Deschler Ch 25 
  Sec. 7.
      A waiver of points of order against a supplemental appropriation 
  bill may be provided for by special rule from the Committee on Rules. 
  The rule may waive points of order against the entire bill or against 
  a specific paragraph in the bill. Deschler Ch 25 Sec. Sec. 9.6, 9.7. 
  Such a rule has been considered and agreed to by the House even after 
  general debate on the bill has been concluded and reading for 
  amendment has begun in the Committee of the Whole. Deschler Ch 25 
  Sec. 9.1.


  Sec. 74 . Appropriations for a Single Agency

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


  Sec. 75 . Consideration

             By Special Rule, Unanimous Consent, or Suspension

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

[[Page 151]]

          Consideration in House as in the Committee of the Whole

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

                          Consideration in House

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


                 VIII. Appropriations in Legislative Bills


  Sec. 76 . In General

                                 Generally

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

[[Page 152]]

       Application to Senate Bills or Amendments Between the Houses

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

                       Application to Private Bills

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


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

                                 Generally

      As used in rule XXI clause 4, an ``appropriation'' means taking 
  money out of the Treasury by appropriate legislative language for the 
  support of the general functions of government. Deschler Ch 25 
  Sec. 4.43. Rulings on points of order under clause 4 have frequently 
  depended on whether language allegedly making an appropriation was in 
  fact merely language authorizing an appropriation. Deschler Ch 25 
  Sec. 4. Thus, a provision that disbursements ``shall be paid from the 
  appropriation made to the department for that purpose'' was construed 
  merely as an authorization and not an appropriation and was, 
  therefore, not subject to a point of order under clause 4. 7 Cannon 
  Sec. 2156.

                         Provisions Held in Order

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

     A provision authorizing an appropriation of not less than a 
         certain amount for a specified purpose. Deschler Ch 25 
         Sec. 4.34.
     A provision providing that an appropriation come out of any 
         unexpended balances heretofore appropriated or made available 
         for emergency purposes. Deschler Ch 25 Sec. 4.35.
     A provision providing that all funds ``available'' for 
         carrying out the Act ``shall be available'' for allotment to 
         certain bureaus and offices, no use of existing funds being 
         permitted. Deschler Ch 25 Sec. 4.36.

[[Page 153]]

     A provision authorizing and directing an executive officer to 
         advance, when appropriated, sums of money out of the Treasury. 
         Deschler Ch 25 Sec. 4.38.
     A provision authorizing the withdrawal of money from the 
         Treasury belonging to a governmental agency, even though it 
         would otherwise eventually revert to the government. 7 Cannon 
         Sec. 2158.
     A provision authorizing the Secretary of the Treasury to use 
         proceeds of public-debt issues for the purpose of making loans. 
         Deschler Ch 25 Sec. 4.43.

                       Provisions Held out of Order

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

     A provision directing that funds previously appropriated be 
         used for a purpose not specified in the original appropriation. 
         7 Cannon Sec. 2147.
     A provision reappropriating or diverting an appropriation for 
         a new purpose. 7 Cannon Sec. 2146; Deschler Ch 25 
         Sec. Sec. 4.1, 4.4.
     An amendment requiring the diversion of previously 
         appropriated funds in lieu of the enactment of new budget 
         authority. Manual Sec. 1065.
     A provision providing for the transfer of unexpended balances 
         of appropriations and making such funds available for 
         expenditure. Deschler Ch 25 Sec. 4.5.
     A provision making available an appropriation or a portion of 
         an appropriation already made for one purpose to another or for 
         one fiscal year to another. Manual Sec. 1065.
     A provision providing for the collection of certain fees and 
         authorizing the use of the fees so collected for the purchase 
         of certain installations. Deschler Ch 25 Sec. 4.16.
     An amendment establishing a user charge and making the 
         revenues collected therefrom available without further 
         appropriation. Deschler Ch 25 Sec. 4.19.
     A provision making available for administrative purposes money 
         repaid from advances and loans. Deschler Ch 25 Sec. 4.21.
     A provision directing disbursements from Indian trust funds. 7 
         Cannon Sec. 2149.
     An amendment permitting the acquisition of buses with funds 
         from the highway trust fund. 92-2, Oct. 5, 1972, p 34115.
     A provision establishing a special fund, to be available with 
         other funds appropriated, for the purpose of paying of refunds. 
         7 Cannon Sec. 2152.
     A provision making excess foreign currencies available to 
         stimulate private enterprise abroad. Deschler Ch 25 Sec. 4.22.
     A provision providing that the cost of certain surveys would 
         be paid from the appropriation theretofore or thereafter made 
         for such purposes. Deschler Ch 25 Sec. 4.10.
     A provision making available unobligated balances of 
         appropriations ``heretofore'' made to carry out the provisions 
         of the bill. Deschler Ch 25 Sec. 4.11.

[[Page 154]]

     An amendment waiving provisions in an appropriation Act that 
         limited the availability of funds appropriated therein for a 
         specified purpose, thereby increasing the availability of 
         appropriated funds. 93-2, Apr. 4, 1974, pp 9846, 9847.
     An amendment providing for the transfer of existing Federal 
         funds into a new Treasury trust fund and for their immediate 
         availability for a new purpose. 93-2, June 20, 1974, pp 20273-
         75.
     A provision authorizing the Treasurer to honor requisitions of 
         the Archivist in such manner and in accordance with such 
         regulations as the Treasurer might prescribe. Deschler Ch 25 
         Sec. 4.15.
     A provision in an omnibus reconciliation bill reported by the 
         Committee on the Budget making a direct appropriation to carry 
         out a part of the Energy Security Act. 99-1, Oct. 24, 1985, p 
         28812.


  Sec. 78 . Points of Order; Timeliness

                                 Generally

      A point of order under rule XXI clause 4 against an appropriation 
  in a bill reported by a legislative committee should be raised at the 
  appropriate time in the Committee of the Whole and does not lie in the 
  House before consideration of the bill. 94-1, Sept. 10, 1975, pp 
  28270, 28271. The provision in clause 4, that a point of order against 
  the appropriation can be made ``at any time'' has been interpreted to 
  require the point of order to be raised during the pendency of the 
  amendment under the five-minute rule. Deschler Ch 25 Sec. 12.14. Such 
  a point of order comes too late after the amendment has been agreed to 
  and has become part of the text of the bill, and cannot then be raised 
  against further consideration of the bill as amended. Manual 
  Sec. 1065.
      A point of order under clause 4 applies to the appropriation 
  against which it is directed and not to the bill carrying it. A point 
  of order in the House that the bill is improperly on the Union 
  Calendar does not lie. 7 Cannon Sec. 2140. The point of order should 
  be directed to the item of appropriation in the bill at the proper 
  time and not, in the House, to the act of reporting the bill. 7 Cannon 
  Sec. 2142. It follows that motions to discharge nonappropriating 
  committees from consideration of bills carrying appropriations are not 
  subject to points of order under the rule. 7 Cannon Sec. 2144.
      The intervention of debate or the consideration of amendments 
  following the reading do not preclude points of order under clause 4. 
  Points of order against appropriations in legislative bills may be 
  raised even after the merits of the proposition have been debated. 
  Deschler Ch 25 Sec. 12.15. A point of order against an amendment to a 
  legislative bill containing an appropriation can be raised ``at any 
  time'' during its pendency, even in its amended form, though the point 
  of order is against the amendment as

[[Page 155]]

  amended by a substitute and though no point of order was directed 
  against the substitute before its adoption. Manual Sec. 1065.

                          Waiving Points of Order

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


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

      A point of order under rule XXI clause 4 against an appropriation 
  in a legislative bill should be directed against that portion of the 
  bill (or against the amendment thereto) in which the appropriation is 
  contained and cannot be directed against the consideration of the 
  entire bill. 7 Cannon Sec. 2142; Deschler Ch 25 Sec. 4.2. If such a 
  point of order is sustained with respect to a portion of a section of 
  a legislative bill containing an appropriation, only that portion is 
  stricken. However, if the point of order is directed against the 
  entire section for inclusion of that language, the entire section will 
  be ruled out. 93-2, Apr. 4, 1974, pp 9845, 9846.


[[Page 157]]

 
                     CHAPTER 5 - ASSEMBLY OF CONGRESS

                              HOUSE PRACTICE

  Sec. 1. In General; Day of Convening
  Sec. 2. Hour of Meeting
  Sec. 3. Place of Meeting
  Sec. 4. Organizational Business--First Session
  Sec. 5. Organizational Business--Second Session
  Sec. 6. Adoption of Rules
  Sec. 7. Procedure Before Adopting Rules
  Sec. 8. Taking Up Legislative Business
        Research References
          1 Hinds Sec. Sec. 1-10; 5 Hinds Sec. Sec. 6758-6762
          6 Cannon Sec. Sec. 1-5
          Deschler Ch 1
          Manual Sec. Sec. 60, 245


  Sec. 1 . In General; Day of Convening

                                 Generally

      The Constitution provides that each regular session of Congress 
  shall begin on January 3 unless Congress by law appoints a different 
  day. U.S. Const. amend. XX, Sec. 2. A joint resolution, which is not 
  considered privileged, is used for such appointment. For laws 
  appointing a different day for assembling, see Manual Sec. 243. The 
  joint resolution may originate either in the House or in the Senate. 
  93-1, Dec. 17, 1973, p 42059; 95-1, Dec. 15, 1977, p 38948.
      The President has the constitutional authority to convene the 
  Congress earlier than on the day it has fixed for its reconvening. He 
  may exercise this authority on ``extraordinary occasions'' by 
  convening either or both Houses. U.S. Const. art. II, Sec. 3. A number 
  of early Congresses were convened by Presidential proclamation. 1 
  Hinds Sec. Sec. 10, 12. The last session so convened was in the 76th 
  Congress. Deschler Ch 1 Sec. 2.1.
      A privileged concurrent resolution providing for the adjournment 
  of a Congress sine die may contain a provision providing for a recall 
  of either House or of both Houses by their respective leaderships. 
  Pursuant to the authority of such a resolution, Speaker Gingrich 
  recalled the House on December 17, 1998, on notice of one week. Manual 
  Sec. 84.

[[Page 158]]

      For a catalog of provisions in concurrent resolutions authorizing 
  the recall of the House or both Houses, see Manual Sec. 84 and 
  Adjournment.

                            Pro Forma Meetings

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


  Sec. 2 . Hour of Meeting

                        Generally; Hourly Schedules

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

[[Page 159]]

  the hour of meeting, unless reported as privileged from the Committee 
  on Rules, require unanimous consent for consideration (although ad hoc 
  arrangements from day to day may be effected by privileged motion 
  under rule XVI clause 4). 95-2, June 29, 1978, p 19507.

                     Adjournments to a Different Hour

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

                       Emergency Convening Authority

      During any recess or adjournment of not more than three days, if 
  the Speaker is notified by the Sergeant-at-Arms of an imminent 
  impairment of the place of reconvening, then he may, in consultation 
  with the Minority Leader, postpone the time for reconvening within the 
  three-day limit prescribed by the Constitution. In the alternative, 
  the Speaker in such case may reconvene the House before the time 
  previously appointed solely to declare the House in recess within that 
  three-day limit. Rule I clause 12(c).


  Sec. 3 . Place of Meeting

      Under article I, section 5, clause 4 of the Constitution, neither 
  House may, without consent of the other, adjourn ``to any other Place 
  than that in which the two Houses shall be sitting.'' The requirement 
  for consent has been interpreted to apply to the seat of government, 
  which has been, since 1800, the District of Columbia. Therefore, the 
  House may convene sit in another place within the District of Columbia 
  without the consent of the Senate. Deschler Ch 1 Sec. 4.1. Under rule 
  I clause 12(d), the Speaker may convene the House in a place at the 
  seat of government other than the Hall of the House whenever, in his 
  opinion, the public interest shall warrant it.
      In the 107th Congress, the two Houses authorized joint leadership 
  recall from an adjournment ``at such place and time as they may 
  designate whenever, in their opinion, the public interest shall 
  warrant it'' (permitting recall from an adjournment to a place outside 
  the District of Columbia). 107-1, H. Con. Res. 251, Oct. 17, 2001, p 
  ____; 107-1, S. Con. Res. 85, Nov.

[[Page 160]]

  16, 2001, p ____. In the 108th Congress, the two Houses granted 
  blanket joint leadership authority to assemble the 108th Congress at a 
  place outside the District of Columbia whenever the public interest 
  shall warrant it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p ____.
      The President may convene Congress at places outside the seat of 
  government during hazardous circumstances. 2 USC Sec. 27; Deschler Ch 
  1 Sec. 4.


  Sec. 4 . Organizational Business--First Session

                          Functions of the Clerk

      Under rule II clause 2(a), the Clerk from the prior Congress 
  (including one appointed pursuant to section 75a01 of title 2, United 
  States Code), creates a roll of the Representatives-elect and calls 
  the House to order at the beginning of a new Congress. 2 USC Sec. 26; 
  Manual Sec. 643. In the event of the Clerk's absence or incapacity, 
  the Sergeant-at-Arms from the prior Congress creates the roll and 
  calls the House to order. 2 USC Sec. 26; Manual Sec. 656. After the 
  opening prayer and Pledge of Allegiance, the Clerk:

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

                            Election of Speaker

      The first order of business after the ascertainment of a quorum at 
  the opening of a new Congress is ordinarily the election of the 
  Speaker. Manual Sec. 27. Pursuant to statute and precedent, 
  nominations for election of the Speaker are of the highest privilege 
  and take precedence over a question of the privileges of the House 
  relating to the interim election of a Speaker pro tempore pending an 
  ethics investigation of a nominee for Speaker. 2 USC Sec. 25; Manual 
  Sec. 27; 1 Hinds Sec. 212.
      Candidates for the office are nominated by the chairmen of the 
  Democratic Caucus and the Republican Conference. Deschler Ch 1 
  Sec. 6.1. The Speaker is elected by a majority of Members-elect 
  present and voting by surname. Manual Sec. 27. He was at first elected 
  by ballot but, since 1839, has been chosen by viva voce vote by 
  surname in response to a call of the roll. 1 Hinds Sec. 187; Deschler 
  Ch 1 Sec. 6. Although the Clerk appoints tellers for

[[Page 161]]

  the election, the House, and not the Clerk, determines what method of 
  voting to use. Manual Sec. 27; Deschler Ch 1 Sec. 6. On two occasions, 
  by special rules, Speakers were chosen by a plurality of votes; but in 
  each case the House by majority vote adopted a resolution declaring 
  the result. 1 Hinds Sec. Sec. 221, 222. The House has declined to 
  choose a Speaker by lot. 1 Hinds Sec. 221.

                    Status and Rights of Members-elect

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

                           Notices and Messages

      At the beginning of a new Congress, the House by various 
  resolutions: (1) directs that a message be sent to the Senate to 
  inform that body that a quorum of the House has been established and 
  that the Speaker and Clerk have been elected, (2) establishes a select 
  committee to notify the President that a quorum of the House has 
  assembled and is ready to receive any communication he may wish to 
  make, and (3) directs the Clerk to inform the President of the 
  selection of the Speaker. Deschler Ch 1 Sec. 7.


  Sec. 5 . Organizational Business--Second Session

      At the beginning of a second session of a Congress, the House is 
  ordinarily called to order by the Speaker, although, where the Office 
  is vacant,

[[Page 162]]

  the House may be called to order by the Clerk. Deschler Ch 1 Sec. 5. 
  Alternatively, the House may be called to order by a previously 
  designated Speaker pro tempore. Deschler Ch 1 Sec. 7.4. Under rule I 
  clause 8(b)(3), adopted in the 108th Congress, the Speaker is required 
  to deliver to the Clerk a list of Members in the order in which each 
  shall act as Speaker pro tempore in the case of a vacancy in the 
  Office of Speaker. A Speaker pro tempore designated under this rule 
  also may convene the second session of a Congress. Following the 
  opening prayer, the Speaker orders, without motion, a call of the 
  House to establish a quorum. Deschler Ch 1 Sec. 7.5. The call of the 
  House may be taken by electronic device, but the Speaker may elect not 
  to use the electronic system for that purpose. Deschler Ch 20 Sec. 4.
      Members-elect, elected to fill vacancies occurring in the first 
  session, are not included on the roll call to ascertain the presence 
  of a quorum when the second session convenes. Their names are included 
  on the roll only after their certificates of election have been laid 
  before the House and the oath has been administered to them. 
  Similarly, the names of those Members who resigned during adjournment 
  are stricken from the roll and are not called to establish a quorum. 
  Deschler Ch 2 Sec. 4.10.


  Sec. 6 . Adoption of Rules and Separate Orders

      The Constitution gives each House the power to determine the rules 
  of its proceedings. U.S. Const. art. I, Sec. 5, cl. 2. The Supreme 
  Court has interpreted this clause to mean that the House possesses 
  broad power to adopt its own procedural rules. United States v. 
  Ballin, 144 U.S. 5 (1892). This power cannot be restricted by the 
  rules or statutory enactments of a preceding House. Thus, the adoption 
  of the three-day availability rule by the 91st Congress did not bind 
  the 92d Congress. Deschler Ch 1 Sec. 10.1.
      The rules of the House for each Congress are adopted by 
  resolution. See, e.g., 105-1, Jan. 7, 1997, p ____. Ordinarily, the 
  House adopts the rules of the prior Congress but with various 
  amendments. 5 Hinds Sec. 6742. Separate orders also may be adopted in 
  the same resolution. Separate orders are not amendments to the 
  standing rules but have the same force and effect for a Congress or 
  portion thereof. See, e.g., 108-1, H. Res. 5, Jan. 7, 2003, p ____. 
  The House in the 106th Congress adopted a recodified version of the 
  rules of the House in existence at the close of the 105th Congress, 
  which rewrote and renumbered the rules, many without substantive 
  change. 106-1, Jan. 6, 1999, p ____.
      A resolution adopting rules is subject to the motion for the 
  previous question. The resolution is subject to amendment if the 
  previous question is voted down. Deschler Ch 1 Sec. 9.6. The 
  resolution is not subject to a de

[[Page 163]]

  mand for a division of the question absent prior adoption of a special 
  rule permitting a division of the resolution. Manual Sec. 60; Deschler 
  Ch 1 Sec. 10.8.
      The motion to commit is permitted after the previous question has 
  been ordered on the resolution adopting the rules but is not 
  debatable. It is the prerogative of the minority to offer a motion to 
  commit even before the adoption of the rules. However, at that point 
  the proponent need not qualify as opposed to the resolution. Manual 
  Sec. 60; Deschler Ch 1 Sec. 9. Such a motion to commit is not 
  divisible. However, if it is agreed to and more than one amendment is 
  reported back pursuant thereto, then separate votes may be had on the 
  reported amendments. The motion to refer also has been permitted upon 
  the offering of a resolution adopting the rules, and before debate 
  thereon, subject to the motion to lay on the table. Manual Sec. 60; 5 
  Hinds Sec. 5604.
      As with other House-passed measures, the House may by unanimous 
  consent direct the Clerk, in the engrossment of a House resolution 
  providing for the adoption of rules, to make certain technical 
  corrections in the text of the resolution. Deschler Ch 1 Sec. 10.12.


  Sec. 7 . Procedure Before Adopting Rules

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

    The motion for a call of the House. 4 Hinds Sec. 2981; Deschler 
         Ch 1 Sec. 9.
    Points of order of no quorum. Manual Sec. 60.
     The motion to refer, subject to the motion to table. Manual 
         Sec. 60.
    Demands for the yeas and nays. 5 Hinds Sec. Sec. 6012, 6013; 
         Deschler Ch 1 Sec. 9.
    The motion for the previous question, which takes precedence 
         over a motion to amend. 5 Hinds Sec. Sec. 5451-5455.

[[Page 164]]

    The motion to amend after rejection of the previous question 
         (Deschler Ch 3 Sec. 10.10), with any amendment being subject to 
         the point of order that it must be germane (Deschler Ch 1 
         Sec. 12.7).
     The practice that Members may engage in debate only when 
         recognized, such recognition being at the discretion of the 
         Speaker. Manual Sec. 60.
    The hour rule for debate on a question. Deschler Ch 1 
         Sec. 12.3.
    Losing the right to resume after yielding the floor. 5 Hinds 
         Sec. Sec. 5038-5040.
    Recognition for an amendment after the defeat of the previous 
         question, under the hour rule, with the proponent of the 
         amendment controlling the time. Deschler Ch 23 Sec. 22.4.
    The nondebatable motion to commit after ordering of the 
         previous question. Manual Sec. 60; 5 Hinds Sec. 6758. Proponent 
         of the motion to commit need not qualify as opposed to the 
         resolution. Manual Sec. 60.
    Withdrawal of a resolution before action is taken thereon. 
         Deschler Ch 1 Sec. 10.6.
    The motion to lay on the table. 5 Hinds Sec. 5390; Deschler Ch 
         1 Sec. 9.
    The motion to postpone to a day certain. Deschler Ch 1 
         Sec. 10.7.
    The motion to adjourn. 1 Hinds Sec. 89; Deschler Ch 1 Sec. 9.

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

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


  Sec. 8 . Taking Up Legislative Business

                                 Generally

      Congress is not assembled until both the House and Senate are in 
  session with a quorum present. 6 Cannon Sec. 5. Once the two Houses 
  have assembled, elected officers, sworn Members, and adopted rules, 
  the resumption of legislative business is in order. 1 Hinds 
  Sec. Sec. 130, 140, 237; Deschler Ch 1 Sec. 11. In rare instances a 
  major bill has been considered and passed even before the completion 
  of organization by the adoption of rules. Deschler Ch 1 Sec. 12.8. 
  However, a bill will not be considered in the House before the 
  administration of the oath to Members-elect because of the statutory 
  requirement that the oath precede the consideration of general 
  business. 2 USC Sec. 25. As a matter of long-established custom, the 
  two Houses usually do not begin transacting legislative business at 
  the beginning of a Congress until after the President has delivered 
  his state of the Union message. 1 Hinds Sec. Sec. 81, 122-125; 
  Deschler Ch 1 Sec. 11. However, on two occasions the House, as part of 
  the resolution adopting its standing rules, adopted a special order 
  providing for the immediate consideration of a bill introduced that

[[Page 165]]

  day. 104-1, Jan. 4, 1995, p 463; 106-1, Jan. 6, 1999, p ____. On 
  occasion the House has convened for its second session on January 3, 
  or on another day by law, but then conducted no legislative business 
  (including approval of its Journal or referral of bills) for several 
  days. Manual Sec. 84.

                               Old Business

      Upon convening for a second or subsequent session during the term 
  of a Congress, the House resumes all business that was pending before 
  the House or its committees at the adjournment sine die of the 
  preceding session. Rule XI clause 6; Manual Sec. 814; 5 Hinds 
  Sec. 6727. Similarly, conference business between the two Houses 
  continues over an adjournment between the first and second sessions of 
  a Congress. 5 Hinds Sec. Sec. 6760-6762. However, because past 
  proceedings of one Congress do not bind its successor, business 
  remaining at the end of one Congress does not carry over to the 
  beginning of a new Congress. Deschler Ch 1 Sec. 11.
      Bills may be placed in the hopper on opening day and are referred 
  as expeditiously as possible following adoption of the rules. However, 
  due to the large number of bills introduced on opening day, the 
  Speaker may delay their referral but print the referral as having been 
  made on opening day. 106-1, Jan. 6, 1999, p ____.


[[Page 167]]

 
                       CHAPTER 6 - BILLS AND RESOLUTIONS

                              HOUSE PRACTICE

              A. Generally

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

              B. Introduction and Reference

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

              C. Private Bills

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

              D. Restrictions on Certain Public Bills

  Sec. 20. Appropriations
  Sec. 21. Tax and Tariff Measures
  Sec. 22. Designation of Public Works
  Sec. 23. Prohibition on Commemorations

        Research References
          4 Hinds Sec. Sec. 3266-3297, 3364-3390

[[Page 168]]

          7 Cannon Sec. Sec. 846-871, 1027-1053
          Deschler Ch 16; Deschler Ch 24 Sec. Sec. 1-4, 9, 10
          Manual Sec. Sec. 397, 414, 478, 816-818, 822, 823, 828, 895-
            897, 1066-1068a


                               A. Generally


  Sec. 1 . In General; Resolutions Distinguished

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


  Sec. 2 . Public and Private Bills Distinguished

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

     Contains provisions applicable to the general public, although 
         benefiting a named individual. 4 Hinds Sec. 3286.
     Relates to a nation of Indians and not to Indians as 
         individuals. 7 Cannon Sec. 870; Deschler Ch 24 Sec. 3.3.
     Indemnifies a foreign government for injury to one of its 
         nationals. 7 Cannon Sec. 865; Deschler Ch 24 Sec. 3.2.

[[Page 169]]

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

  Sec. 3 . Form; Component Parts

                                 Generally

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

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

      On rare occasions, a bill may contain an illustration, as where it 
  shows a required warning label. 99-2, Feb. 3, 1986, p 1326. Also rare, 
  one House may pass a bill with blanks to be filled in by the other 
  House. 5 Hinds Sec. 5781. It has been held not in order for a Member 
  to distribute on the floor of the House copies of a bill marked with 
  his own interpretation of its provisions. Deschler Ch 24 Sec. 2.1.

                             Enacting Clauses

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

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

[[Page 170]]

                             Resolving Clauses

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

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

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

                    Sections; Headings and Subheadings

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

                           Page and Line Numbers

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


  Sec. 4 . Titles

      All bills are given a title that indicates the subject matter of 
  the bill. A title is used strictly for purposes of identification and 
  is not considered in passing on points of order relating to the 
  provisions of the bill. 7 Cannon Sec. 1489; Deschler Ch 24 Sec. 9.1.
      Under the guidelines suggested by the Office of the Legislative 
  Counsel, a title should accurately and briefly describe what a bill 
  does. For bills amending primarily a particular law, the form ``To 
  amend [citation of law] to . . .'' is used. For constitutional 
  amendments, the form ``Proposing an amendment to the Constitution of 
  the United States concerning . . .'' is used. If the bill covers 
  multiple items, the phrase ``and for other purposes'' may be used at 
  the end of the title.
      The title is retained on the bill during the various stages of 
  enactment, including engrossment and is entered on the Journal and 
  printed in the Con

[[Page 171]]

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


  Sec. 5 . Preambles

      Preambles (``whereas'' clauses) often appear in concurrent or 
  simple resolutions and less often in joint resolutions. Such clauses 
  appear less often in joint resolutions (and, in modern practice, never 
  in bills) because sections containing separate statements of findings 
  serve the same purpose. 4 Hinds Sec. 3412. Preambles are sometimes 
  used to indicate the underlying reason for a measure. 4 Hinds 
  Sec. 3413.
      The House may amend or delete the preamble from a joint resolution 
  before its passage or the preamble from a concurrent or simple 
  resolution following its adoption. Manual Sec. 414. This is done 
  either by unanimous consent or pursuant to a motion to strike the 
  preamble. This cannot be done simply by moving to strike all after the 
  enacting or resolving clause because the preamble always precedes that 
  clause. Deschler Ch 24 Sec. 9.5. Preambles to simple resolutions may 
  also be disposed of pursuant to a motion to lay on the table, and the 
  adoption of such motion does not affect the status of the resolution. 
  5 Hinds Sec. 5430. The motion for the previous question may be applied 
  at once to the resolution and the preamble. Manual Sec. 1002b. Of 
  course, where no action is taken to strike the preamble, and the joint 
  resolution is passed, the preamble remains part of the joint 
  resolution. Deschler Ch 24 Sec. 9.5.

[[Page 172]]

                       B. Introduction and Reference


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

                           Bills and Resolutions

      Bills and resolutions are introduced by being deposited in the 
  hopper at the Clerk's desk anytime the House is in session. Deschler 
  Ch 16 Sec. 1. A Member may introduce a bill during an interim pro 
  forma meeting even though no legislative business is being conducted. 
  Manual Sec. 816.
      At its organization for the 106th Congress, the House adopted an 
  order reserving the first 10 bill numbers for assignment by the 
  Speaker during a specified period. In the 107th and 108th Congresses, 
  the House adopted the same order, but extended the applicable time 
  period to the entire first session. Manual Sec. 825.
      A bill or resolution may be introduced by any Member who has taken 
  the oath, and he need not seek recognition for that purpose. Deschler 
  Ch 16 Sec. 1. A Member may introduce a bill even though he is 
  personally opposed to its passage. Deschler Ch 16 Sec. 1.6. The rules 
  do not limit the number of bills a Member may introduce.
      Once introduced, the bill becomes the property of the House. As 
  such, the House may consider it notwithstanding the death, 
  resignation, or replacement of its sponsor. Deschler Ch 16 Sec. 1.9.

                      Bills Introduced ``By Request''

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

                          Petitions and Memorials

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

                 Sponsorship; Endorsements and Signatures

      By House rule, all bills, resolutions, and memorials must be 
  endorsed with the name of the Member or Members introducing them. 
  Manual Sec. Sec. 818, 825. By directive of the Speaker, all bills must 
  bear the original sig

[[Page 173]]

  nature of the chief sponsor or first-named Member. Manual Sec. 821. A 
  bill falsely introduced in a Member's name in his absence involves a 
  question of privilege, and the House may agree to an order providing 
  for its cancellation. 4 Hinds Sec. 3388.

                               Cosponsorship

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


  Sec. 7 . Reference

                                 Generally

      When a bill is introduced, it is referred by the Speaker to 
  committee in accordance with rule X clause 1, the rule fixing the 
  jurisdiction of committees over particular subjects, and in accordance 
  with the referral procedures contained in rule XII clause 2. Deschler 
  Ch 16 Sec. 3. However, a bill referred by the House itself may be sent 
  to any committee without regard to the rules of jurisdiction. 4 Hinds 
  Sec. 4375; 7 Cannon Sec. 2131. Jurisdiction in such a case is deemed 
  conferred by the action of the House. 4 Hinds Sec. Sec. 4362-4364; 7 
  Cannon Sec. 2105.

[[Page 174]]

      Absent specific authority or the authority to originate, a 
  committee may not report a measure that has not been properly referred 
  to it by the Speaker or by the House. 4 Hinds Sec. Sec. 4355-4360; 7 
  Cannon Sec. Sec. 1029, 2101. The committees authorized to file from 
  the floor as privileged, pursuant to rule XIII clause 5, certain bills 
  and resolutions originating from such committees are Appropriations, 
  Budget, House Administration, Rules, and Standards of Official 
  Conduct. Manual Sec. Sec. 412, 853.

                        Erroneously Referred Bills

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

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

           Bills Reported From Committee; Referrals to Calendars

      Bills reported from committees are ordinarily referred to the 
  proper calendar under the direction of the Speaker. Manual 
  Sec. Sec. 828, 831. Once a bill has been reported by committee, points 
  of order against its reference and motions for its rereferral are not 
  entertained. 7 Cannon Sec. 2110; Deschler Ch 16 Sec. 3.6. Under rule 
  XII clause 2, a bill reported from committee may be sequentially 
  referred by the Speaker to other committees (even a bill previously 
  referred to a calendar). Sec. 8, infra. Moreover, once consideration 
  of the reported measure has begun in the House, a motion to refer or 
  recommit is in order in differing situations under the rules of the 
  House. Manual Sec. Sec. 916, 917, 1001; see Refer and Recommit.


  Sec. 8 . Multiple Referrals; Sequential or Split Referrals

      Before the 94th Congress, a bill could not be divided among two or 
  more committees, even though it contained matters properly within the 
  jurisdiction of several committees. 4 Hinds Sec. 4372. However, in 
  1975 the House adopted rule XII clause 2(b), stating that every 
  referral must be made so

[[Page 175]]

  as to ensure ``to the maximum extent feasible'' that each committee 
  having jurisdiction over the subject matter of a provision will have 
  responsibility for considering it and reporting thereon to the House. 
  Rule XII clause 2(c)(1) requires the Speaker to designate a committee 
  of primary jurisdiction upon the initial referral of a measure to a 
  committee (except where he determines that extraordinary circumstances 
  justify review by more than one committee as though primary). The 
  Speaker has discretion to:

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

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


  Sec. 9 . Bills Reported with Amendments

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

     A reported bill to another committee solely for consideration 
         of provisions of the first committee's amendment within its 
         jurisdiction, and not for consideration of the entire bill.
     A reported bill to two other committees for different periods 
         of time, solely for consideration of designated sections of the 
         first committee's recommended amendment.
     A reported bill solely for consideration of designated 
         portions of the first committee's amendment.

[[Page 176]]

     Only a portion of the original text where the primary 
         committee's amendment would delete portions of the bill within 
         the sequential committee's jurisdiction.

  Manual Sec. 816.


  Sec. 10 . Matters Subject to Referral

                                 Generally

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

                     Senate Amendments to House Bills

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

                         Senate Bills and Messages

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

[[Page 177]]

  Sec. 11 . Time Limitations on Referred Bills; Extensions

                                 Generally

      Pursuant to rule XII clause 2, the Speaker may impose a time limit 
  for the consideration by any committee of a bill that is primarily, 
  initially, or sequentially referred. The Speaker normally places a 
  time limit on bills sequentially referred. However, the rules of the 
  House do not require him to do so. The Speaker may sequentially refer 
  a bill without setting such limit or may set a limit as short as one 
  day. Manual Sec. 816.
      On the last day of an expiring sequential referral, a committee 
  has until midnight to file its report with the Clerk. Manual Sec. 816.
      Rule XII clause 2 is not construed to prevent a secondary 
  committee from reporting before the primary committee. It is the 
  intent of the rule to allow the primary committee to report before a 
  measure is scheduled for floor consideration. However, the measure may 
  be considered without a report by the primary committee when the 
  primary committee waives its right to report and a special order is 
  adopted discharging the committee. The measure also may be considered 
  when the Speaker exercises discretion to impose a time limit on the 
  primary committee for reporting (which he rarely exercises) and such 
  committee fails to meet the deadline. In that case, the primary 
  committee will be considered to have been discharged from further 
  consideration of the measure. Manual Sec. 816.

                            Extensions of Time

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

                          Discharge of Committee

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

[[Page 178]]

  Sec. 12 . Referrals To or From Special and Ad Hoc Committees

      The Speaker may refer bills, resolutions, and other matters 
  (including messages and communications) to an ad hoc committee 
  established with the approval of the House. The House order 
  authorizing the ad hoc committee may require that referrals to the 
  committee be by initial or sequential reference or by some other 
  method provided by rule XII clause 2. Manual Sec. 816. For example, in 
  the 107th Congress, the Select Committee on Homeland Security was 
  required to report to the House its recommendations on a bill 
  establishing a Department of Homeland Security. In making its 
  recommendation, the select committee was required to take into 
  consideration recommendations by each committee to which such bill was 
  initially referred. 107-2, H. Res. 449, June 19, 2002, p ____. In the 
  108th Congress, the select committee was reestablished to develop 
  recommendations and report to the House by bill or otherwise on such 
  matters that relate to the Homeland Security Act of 2002 as may be 
  referred to it by the Speaker. 108-1, H. Res. 5, Jan. 7, 2003, p ____.


                             C. Private Bills


  Sec. 13 . In General

                                Background

      The practice of Congress in passing private bills for the benefit 
  of specific persons or entities was taken from the English Parliament 
  and began with the First Congress. The use of private bills steadily 
  increased thereafter, so much so that in some years the Congress 
  enacted more private bills than it did public bills. The 59th 
  Congress, for example, enacted more than 6,000 private bills, while it 
  enacted fewer than 700 public bills. 7 Cannon Sec. 1028. In recent 
  years, and especially since the adoption of the Legislative 
  Reorganization Act of 1946, the number of private bills enacted into 
  law has been steadily declining. In the 104th Congress, only four 
  private bills were approved. In the 105th Congress, only 10 private 
  bills were approved. Calendars of the U.S. House of Representatives, 
  Final Edition, 104th Cong. and 105th Cong.
      Because it lacks the generality of application that is normally 
  found in public laws, a private law is considered a legislative 
  anomaly. Congressional action in passing such laws has been based on 
  the rationale that because public laws cannot cover every situation or 
  extraordinary circumstance that might arise, Congress may, as part of 
  its general law-making function, create

[[Page 179]]

  ``equitable law'' to cover such circumstance. Note, Private Bills in 
  Congress, 79 Harv. L. Rev. 1684 (1966).

                             Constitutionality

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

                               Omnibus Bills

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


  Sec. 14 . What Constitutes a Private Bill

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


  Sec. 15 . Introduction, Reference, and Consideration

      Private bills may be presented to the House only through a 
  sponsoring Member and may not be cosponsored. A Member with a private 
  bill to present (1) endorses his name on the bill and (2) delivers the 
  bill to the Clerk. Rule XII clause 3; Manual Sec. 818.
      Under rule XII clause 6, errors in private bills may be corrected 
  without action by the House at the suggestion of the committee in 
  possession of the bill. Because an erroneous reference of a private 
  bill does not confer jurisdiction on the committee to report it, a 
  point of order will lie against the bill when it comes up for 
  consideration in the House or in the Committee of the Whole. Manual 
  Sec. 824. A subcommittee may have specific rules governing the 
  consideration of private bills. See, e.g., ``Rules of Procedure for 
  Private Immigration Bills,'' Subcommittee on Immigration Claims, 
  Committee on the Judiciary. Committee approval of the bill is 
  generally contin

[[Page 180]]

  gent upon a showing that the applicant has no other remedy. A private 
  bill reported out of committee is referred to the Private Calendar.
      Private bills called on the Private Calendar are reviewed by a 
  committee of ``official objectors'' consisting of six members--three 
  from each party. As a matter of policy, the official objectors have 
  traditionally required that bills must be on the Private Calendar for 
  seven days before being called up. See Private Calendar. A Member 
  serving as an official objector has periodically included in the 
  Congressional Record an explanation of how bills on the Private 
  Calendar are considered. Manual Sec. 896. If two or more Members of 
  the House object to a bill, it is recommitted to the committee that 
  reported it. Manual Sec. 895. However, such a bill may be ``passed 
  over without prejudice'' by unanimous consent for subsequent 
  consideration. Also, the provisions of a private bill may be reported 
  back in an omnibus bill. See Private Calendar. In modern practice, 
  private bills have not been scheduled by the Speaker for consideration 
  under suspension of the rules. This procedure has been reserved for 
  public bills.
      If the bill is unopposed, it is taken up in the House as in the 
  Committee of the Whole. The procedure is as follows:

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

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

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

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

[[Page 181]]

  Sec. 16 . -- Amendments

      A private bill is subject to amendment under the five-minute rule, 
  pursuant to rule XV clause 5. Manual Sec. Sec. 895, 897. However, a 
  private bill for the benefit of one individual may not be amended so 
  as to extend its provisions to another individual, even indirectly 
  through a motion to recommit with instructions. 4 Hinds Sec. 3296. 
  Under the germaneness rule, it is not in order to amend a private bill 
  by extending its provisions to a general class of individuals, which 
  would be public in character. 4 Hinds Sec. 3292; 7 Cannon Sec. 860; 
  see Germaneness of Amendments. Motions to strike the last word--pro 
  forma amendments--are not entertained. Deschler-Brown Ch 29 Sec. 70.7.
      When an amendment is offered, members of the reporting committee 
  have priority in recognition to oppose the amendment. Deschler-Brown 
  Ch 29 Sec. 13.23.


  Sec. 17 . Uses of Private Bills

                                 Generally

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

                    Measures Barred From Consideration

      Under rule XII clause 4, a private bill may not be introduced or 
  considered if it authorizes or directs the payment of money for 
  property damages

[[Page 182]]

  or for personal injuries or death for which suit may be instituted 
  under the Federal Tort Claims Act (FTCA). Private pension bills (other 
  than those to carry out a provision of law or treaty stipulation) are 
  also barred, as are bills providing for the construction of a bridge 
  across a navigable stream. Private bills providing for the correction 
  of a military record are likewise proscribed. However, a private bill 
  that merely changes the computation of retired pay for a former member 
  of the armed services has been held permissible. Manual Sec. 822. The 
  barring of private bills in such cases is based on the availability to 
  claimants of other judicial or administrative remedies. Deschler Ch 24 
  Sec. 3. The FTCA, for example, provides both administrative and 
  judicial remedies in certain personal injury cases involving the 
  negligence of Federal employees. 28 USC Sec. 2671.


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

                       Generally; Constitutionality

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

                                 Procedure

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


[[Page 183]]



      Note: An alternative to this procedure is provided for in law. It 
  authorizes either House of Congress, by adopting a resolution, to 
  refer bills (except pension bills) to the Chief Judge of the U.S. 
  Court of Federal Claims, and stipulates that the Chief Judge is to 
  report the findings of fact and conclusions in each case to the House 
  that made the reference. 28 USC Sec. Sec. 1492, 2509. These reports 
  are provided to Congress for use in deciding whether certain private 
  claims warrant legislative relief. Zadeh v. United States, 111 F. 
  Supp. 248 (Ct. Cl. 1953).

            Granting Relief; Consideration of Particular Claims

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

     To provide for the payment to settle certain property damage 
         claims of residents arising out of the 1973 occupation of 
         Wounded Knee, South Dakota. 100-2, H.R. 2711, H. Rept. 100-559.
     To provide for a payment to a child who had been sexually 
         assaulted by an employee of the Postal Service, who was 
         delivering mail at the time. A civil action against the United 
         States on behalf of the six-year-old claimant was filed under 
         the FTCA on the basis of negligent supervision of the employee 
         by the Postal Service, but this suit was unsuccessful, 
         intentional torts such as assault being excluded under the 
         provisions of the Act. 100-2, H.R. 4099, H. Rept. 100-556.
     To authorize certain firefighters to sue the United States for 
         injuries or death under the FTCA because the Secretary of Labor 
         had determined that the firefighters were Federal employees 
         covered by another statute--the Federal Employee Compensation 
         Act--which precluded claims under the FTCA. 100-2, H.R. 2682, 
         H. Rept. 100-547.
     To waive the discretionary-function and foreign-country 
         exceptions to the FTCA, thereby granting jurisdiction for the 
         claimant to sue the government for claims arising at a U.S. 
         Army health facility in Germany for improperly administered 
         smallpox vaccination. 100-2, H.R. 2684, H. Rept. 100-442.
     To provide compensatory relief in a contract case based on a 
         moral obligation of the government, such as when money was 
         promised and not paid. 87-1, Priv. L. No. 87-195, H. Rept. 87-
         232; 100-2, H.R. 3185, H. Rept. 100-549.
     To adjust or credit the account of a Federal official or to 
         reimburse a government employee for expenditures made by him at 
         the direction of his employer. 7 Cannon Sec. 863; 100-2, H.R. 
         3388, H. Rept. 100-551.

[[Page 184]]

     To permit claimants to receive an annuity under the Civil 
         Service Retirement system. 100-2, H.R. 2889, H. Rept. 100-548; 
         100-2, H.R. 1864, H. Rept. 100-546.
     To relieve a Federal employee of liability for repayment of 
         travel expenses erroneously paid to him by his employer. 100-2, 
         H.R. 3941, H. Rept. 100-555; 100-2, H.R. 3347, H. Rept. 100-
         550.
     To suspend or waive a statute of limitations where the 
         government has been unjustly enriched at the expense of the 
         claimant (87-1, Priv. L. No. 87-23, H. Rept. 87-176), or where 
         to do so would be in the interests of ``justice and equity'' 
         (100-1, H.R. 1491, H. Rept. 100-439).
     To provide payment to an individual injured by a government-
         prescribed fire. 104-2, S. 966, H. Rept. 104-638.
     To provide reimbursement to an entity for emergency work under 
         the Robert T. Stafford Disaster and Emergency Assistance Act. 
         104-1, H.R. 419, H. Rept. 104-359.

  Sec. 19 . -- Immigration and Naturalization Cases

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

     Restore a prospective immigrant to his place on a quota 
         waiting list when that place was lost without his fault. 83-2, 
         Priv. L. No. 601, H. Rept. 83-2078.
     Grant asylum to a Communist aviator who flew his plane to the 
         West. 83-2, Priv. L. No. 380, H. Rept. 83-650.
     Grant the status of permanent residence to a 23-year-old 
         Philippino woman who became pregnant while visiting the United 
         States under a temporary visa, where the father had acquired 
         permanent-residency status, and where the alternative would 
         have been to separate the family, with the mother and infant 
         returning to the Philippines and the father remaining here. 
         100-1, S. 393, H. Rept. 100-354.
     Reinstate U.S. citizenship to a 65-year-old native U.S. 
         citizen who renounced citizenship in 1950 due to family 
         obligations when he was married to a Mexican national. 100-1, 
         H.R. 2358, H. Rept. 100-381.
     Enable a record-holding swimmer from East Germany who had 
         defected to the United States to file a petition for 
         naturalization, without regard to residence or Communist Party 
         membership. 100-2, H.R. 446, H. Rept. 100-598.
     Grant the status of permanent residence to a sports and media 
         figure retroactively to 1950 and provide that he shall be 
         considered to have complied with residential and physical 
         presence requirements of the Immigration and Naturalization 
         Act. 86-2, Priv. L. No. 86-486, H. Rept. 1506.

[[Page 185]]

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


                  D. Restrictions on Certain Public Bills


  Sec. 20 . Appropriations

                    Appropriations on Legislative Bills

      Restrictions against the inclusion of appropriations in 
  legislative bills are provided for by rule XXI clause 4. A bill or 
  joint resolution carrying appropriations may not be reported by a 
  committee not having jurisdiction to report appropriations; and points 
  of order lie against those provisions when the bill is read for 
  amendment. The rule also prohibits amendments proposing appropriations 
  on a reported legislative bill. Manual Sec. 1065; see also 
  Appropriations, Sec. 76.

                   Transportation Obligation Limitations

      Section 8101(e) of the Transportation Equity Act for the 21st 
  Century (Pub. L. No. 105-178) added rule XXI clause 3, which precludes 
  consideration of a measure that would cause obligation limitations to 
  be below the level for any fiscal year set forth in section 8103 of 
  the Transportation Equity Act for the 21st Century, as adjusted, for 
  the highway category or the mass transit category, as applicable. 
  Manual Sec. 1064; see also Appropriations, Sec. 59a.

                       Funding for Aviation Programs

      Section 206 of the Wendell H. Ford Aviation Investment and Reform 
  Act for the 21st Century (Pub. L. No. 106-181) added a provision 
  establishing points of order to guarantee a certain level of budget 
  resources available from the Airport and Airway Trust Fund each fiscal 
  year through fiscal year 2003, to restrict the uses of those 
  resources, and to guarantee a certain level of appropriations. Manual 
  Sec. 1064a; see also Appropriations, Sec. 59a.


  Sec. 21 . Tax and Tariff Measures

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

[[Page 186]]

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


  Sec. 22 . Designation of Public Works

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


  Sec. 23 . Prohibition on Commemorations

      Rule XII clause 5 precludes introduction and consideration of a 
  bill or resolution, or an amendment thereto, if it establishes or 
  expresses a commemoration. The term ``commemoration'' is defined by 
  the rule as a remembrance, celebration, or recognition for any purpose 
  through the designation of a specified period of time. Manual 
  Sec. 823. The House by unanimous consent waived the prohibition in 
  rule XII clause 5(a) for a joint resolution to amend title 36, United 
  States Code, to designate September 11 as United We Stand Remembrance 
  Day. 107-1, Oct. 24, 2001, p ____.


[[Page 187]]

 
                        CHAPTER 7 - BUDGET PROCESS

                              HOUSE PRACTICE

  Sec.  1. In General; Legislative Background
  Sec.  2. Committee Jurisdiction; Reports and Estimates
  Sec.  3. The Budget Timetable
  Sec.  4. Budget Resolutions; Consideration and Debate
  Sec.  5. -- Amendments to Resolutions
  Sec.  6. -- Debate on Conference Reports
  Sec.  7. -- Budget Resolution to Precede Consideration of Related 
  Legislation
  Sec.  8. Reconciliation Procedures
  Sec.  9. Adherence to Budget Resolution Spending and Revenue Levels
  Sec. 10. Other Spending Controls
  Sec. 11. -- Sequestration
  Sec. 12. -- New Contract Authority; New Borrowing Authority 
  (Sec. 401(a))
  Sec. 13. -- New Entitlement Authority (Sec. 401(b))
  Sec. 14. Social Security Funds
  Sec. 15. The Budget Process and the Public Debt Limit
  Sec. 16. Impoundments Generally
  Sec. 17. -- Rescissions; Line Item Veto
  Sec. 18. -- Deferrals
  Sec. 19. Unfunded Mandates
        Research References
          Deschler Ch 13 Sec. 21
          Manual Sec. Sec. 169, 720, 748, 853, 990, 1127-1130
          Budget and Accounting Act of 1921
          Congressional Budget and Impoundment Control Act of 1974
          Balanced Budget and Emergency Deficit Control Act of 1985 
            (Gramm-Rudman)
          Balanced Budget and Emergency Deficit Control Reaffirmation 
            Act of 1987
          Budget Enforcement Act of 1990
          Omnibus Budget Reconciliation Act of 1993
          Unfunded Mandates Reform Act of 1995
          Budget Enforcement Act of 1997

[[Page 188]]

          Manual on the Federal Budget Process, Congressional Research 
            Service, Aug. 28, 1998


  Sec. 1 . In General; Legislative Background

                                 Generally

      There are three stages in the complex process by which the 
  Congress allocates the fiscal resources of the Federal government. 
  First, there is an authorization process, under which Federal programs 
  are created in response to national needs. Second, there is an 
  appropriations process under which funding is provided for those 
  programs. See Appropriations. Finally, there is a congressional budget 
  process that annually establishes an overall fiscal policy of spending 
  and revenues and that institutes a complex web of procedures to 
  enforce those budgetary decisions. The overall fiscal policy is 
  established by the annual adoption of a concurrent resolution on the 
  budget. The congressional budget process includes the development and 
  consideration of reconciliation legislation to implement its most 
  significant budget policies. These three stages are not necessarily 
  considered or completed in chronological order.
      The enforcement of budgetary decisions encompasses both 
  congressional and executive actions. Such enforcement is rooted 
  principally in two statutes--the Congressional Budget Act of 1974 (the 
  Budget Act) and the Balanced Budget and Emergency Deficit Control Act 
  of 1985 (Gramm-Rudman). The Budget Act permits enforcement through 
  parliamentary points of order against legislation violating its 
  requirements and procedures. However, the enforcement mechanisms are 
  not automatically applied; and timely points of order from the floor 
  are required to bring them into play. Gramm-Rudman provides automatic 
  procedures (called sequestration) to enforce spending. Procedures 
  enforcing discretionary spending limits and deficit targets (sections 
  251 and 253 of Gramm-Rudman) expired on September 30, 2002. Procedures 
  to enforce direct spending and receipts (section 252 of Gramm-Rudman), 
  although textually still in law, have no effect. Sec. 11, infra.

                   The Budget and Accounting Act of 1921

      Budget reform began with the passage of the Budget and Accounting 
  Act of 1921. That Act established a new budget system that permitted 
  all items relating to a department to be brought together in the same 
  bill; required the President to submit an annual national budget to 
  Congress in place of the previous uncoordinated agency submissions; 
  created the Office of Management and Budget (OMB) to assist him in 
  this respect; and estab

[[Page 189]]

  lished the General Accounting Office and made it the principal 
  auditing arm of the Federal government. 31 USC Sec. 1101.

                   The Congressional Budget Act of 1974

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

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

      Titles I through IX constitute the Congressional Budget Act of 
  1974 and title X constitutes the Impoundment Control Act. The Unfunded 
  Mandates Reform Act of 1995 added a new part B to title IV of the 
  Budget Act.
      The central purpose of the process established by the Budget Act 
  is to coordinate the various revenue and spending decisions that are 
  made in separate tax, appropriations, and legislative measures.

       The Balanced Budget and Emergency Deficit Control Act of 1985

      The Balanced Budget and Emergency Deficit Control Act of 1985 
  (Gramm-Rudman) made further significant changes in the budget process, 
  and in the Budget Act procedures. 2 USC Sec. 900. Conceived as a 
  statutory response to the burgeoning Federal deficit, Gramm-Rudman 
  instituted a single binding budget resolution, binding committee 
  allocations, reconciliation, and enforcement of spending through 
  sequestration. Gramm-Rudman included provisions amending the Budget 
  Act to permit a new point of order against legislation exceeding the 
  appropriate committee allocation (Sec. 302(f) of the Budget Act), 
  exempting the title II Social Security program from rec

[[Page 190]]

  onciliation (Sec. 310(g) of the Budget Act), and precluding the 
  breaching of budget authority or outlay ceilings or revenue floors, 
  with certain exceptions (Sec. 311 of the Budget Act). Pursuant to 
  section 275 of Gramm-Rudman, several provisions of Gramm-Rudman 
  expired on September 30, 2002, including two provisions providing for 
  sequestration to enforce discretionary spending (section 251) and 
  deficit targets (section 253).

         Budget Enforcement Act of 1990; Revisions and Extensions

      The Budget Enforcement Act of 1990 (BEA of 1990) revised the 
  Gramm-Rudman deficit targets, made deficit targets adjustable, and 
  extended the sequestration process. It set limitations on distinct 
  categories of discretionary spending and created paygo to require that 
  increases in direct spending or decreases in revenues due to 
  legislative action be offset, so that there would be no net increase 
  in the deficit. Sec. Sec. 10-13, infra.

                      Budget Enforcement Act of 1997

      The Budget Enforcement Act of 1997 (BEA of 1997) extended the 
  discretionary spending limits and paygo process through fiscal year 
  2002 and changed the congressional budget process.


  Sec. 2 . Committee Jurisdiction; Reports and Estimates

                   Committee on the Budget Jurisdiction

      To implement the congressional budget process, the Budget Act 
  created the Senate and House Budget Committees and CBO. 2 USC 
  Sec. 601. The Budget Committees were authorized to draft the 
  concurrent resolution on the budget. Unlike the authorizing and 
  appropriating committees, which focus on individual Federal programs, 
  the Budget Committees focus on the Federal budget as a whole and on 
  how it affects the national economy.
      Rule X clause 1(e) gives the House Budget Committee jurisdiction 
  over matters relating to the congressional budget, including 
  concurrent resolutions on the budget and measures on budget process 
  and on the enforcement of budget controls. Manual Sec. 720. Section 
  310 of the Budget Act provides conditions for the reporting by the 
  Budget Committees of reconciliation measures.
      Section 306 of the Budget Act prohibits the consideration in 
  either House of a bill or resolution dealing with a matter within the 
  jurisdiction

[[Page 191]]

  of its Committee on the Budget if not reported from that committee or 
  discharged therefrom. The following were held to violate this section:

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

      The 107th and 108th Congresses adopted an order of the House to 
  confine the point of order under section 306 to bills and joint 
  resolutions only. 107-1, H. Res. 5, Jan. 3, 2001, p ____; 108-1, H. 
  Res. 5, Jan. 7, 2003, p ____.

                      Committee on Rules Jurisdiction

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

            Committee Reports; Cost Estimates and Scorekeeping

      CBO provides economic and programmatic analyses and cost 
  information on most reported public bills and resolutions. Under the 
  Budget Act, five-year cost estimates are prepared and published in the 
  reports accompanying these bills. Sec. Sec. 308(a)(1)(B), 402 of the 
  Budget Act. A committee cost estimate identifying certain spending 
  authority as recurring annually and indefinitely was held necessarily 
  to address the five-year period required by this section. Manual 
  Sec. 844.
      Committee reports on legislation providing new budget authority or 
  a change in revenues or tax expenditures are required to contain the 
  estimates and other detailed information mandated by section 308(a) of 
  the Budget Act. The information mandated by section 308(a) also is 
  required under House rule XIII clause 3(c), except that the estimates 
  with respect to new

[[Page 192]]

  budget authority must include, when practicable, a comparison of the 
  total estimated funding level for the relevant program (or programs) 
  to the appropriate levels under current law. Manual Sec. 840.
      If a bill providing new budget authority is reported without an 
  estimate of its cost, a point of order under rule XIII clauses 3(c)(2) 
  and 3(c)(3) (requiring that an estimate under sections 308 and 402 of 
  the Budget Act be included in the report) may be made against 
  consideration of the bill. However, a special order for the 
  consideration of a bill that ``self-executes'' the adoption of an 
  amendment providing new budget authority into a bill to be 
  subsequently considered does not, itself, provide new budget authority 
  within the meaning of section 308 of the Budget Act (so as to require 
  a report by the Committee on Rules to include such a cost estimate). 
  Manual Sec. 1127.
      The Director of CBO is required to issue to the committees of the 
  House and the Senate monthly reports detailing and tabulating the 
  progress of congressional action on specified bills and resolutions. 
  Sec. 308(b)(1) of the Budget Act. The Budget Committees of each House 
  are required to prepare budget ``scorekeeping'' reports and to make 
  them available frequently enough to provide Members of each House with 
  an accurate representation of the current status of congressional 
  consideration of the budget. Sec. 308(b)(2) of the Budget Act.
      For a discussion of committee allocations, see Sec. 9, infra.


  Sec. 3 . The Budget Timetable

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

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

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

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

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

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

      Note: These reports provide the Budget Committees with an early 
  and comprehensive indication of committee leg

[[Page 193]]

  islative planning. These reports include estimates of new budget 
  authority and outlays.

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

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

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

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

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

      Note: The mandatory June 15 deadline was repealed by the BEA of 
  1990. However, the Congress may not adjourn for more than three 
  calendar days during the month of July until the House has completed 
  action on the reconciliation legislation (Sec. 310(f) of the Budget 
  Act) and the 13 general appropriation bills (Sec. 309 of the Budget 
  Act).

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

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

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

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  must be reported to the House by the Committee on Government Reform by 
  March 31 of the session. Rule X clause 2(d).


  Sec. 4 . Budget Resolutions; Consideration and Debate

                                 Generally

      The budget resolution is a concurrent resolution; as such it is 
  not a law. It serves as an internal framework for Congress in its 
  action on separate revenue, spending, and other budget-related 
  measures. The content of budget resolutions and accompanying reports 
  is governed by section 301 of the Budget Act. Budget resolutions set 
  forth budgetary levels for the upcoming fiscal year and for at least 
  the four succeeding fiscal years, including amounts for total spending 
  and total revenues. The budget resolution gives the Congress a 
  mechanism for establishing Federal spending priorities. The budget 
  resolution accomplishes this by dividing up Federal spending among 
  various ``major functional categories,'' such as national defense, 
  agriculture, and health. Manual Sec. 1127.
      Section 301(b)(4) of the Budget Act permits a concurrent 
  resolution on the budget to ``set forth such other matters, and 
  require such other procedures, relating to the budget, as may be 
  appropriate to carry out the purposes of [the] Act.'' This provision 
  is sometimes referred to as the ``elastic clause.'' Textually, the 
  ``other matters'' and ``procedures'' admitted by this section must: 
  (1) relate to the budget; and (2) be appropriate to carry out the 
  purposes of the Budget Act.

      Note: Matter included under the ``elastic clause'' must not 
  include matter that would destroy the privilege of the concurrent 
  resolution on the budget, such as by effecting a special order of 
  business. The only matter in the nature of a special order of business 
  that may be included in a privileged concurrent resolution on the 
  budget is a reconciliation directive. Reconciliation, see Sec. 8, 
  infra.

                    Consideration of Budget Resolutions

      A concurrent resolution on the budget that has been reported as 
  privileged pursuant to rule XIII clause 5(a) is privileged for 
  consideration under procedures set forth in section 305 of the Budget 
  Act, but those procedures do not apply to unreported budget 
  resolutions. 98-2, Apr. 5, 1984, pp 7992, 7993. The House may vary the 
  parameters of consideration by unanimous consent, by suspension of the 
  rules, or by adoption of a special rule, because the statutory 
  provisions concerned were enacted as exercises of the rulemaking 
  powers of the House and the Senate, respectively, under the 
  Constitution. Sec. 904(a) of the Budget Act. It is customary for the 
  House to vary

[[Page 195]]

  the parameters for consideration of a budget resolution by adopting a 
  special rule recommended by the Committee on Rules. In recent 
  Congresses such rules have permitted only designated amendments in the 
  nature of substitutes, and perfecting amendments have been precluded. 
  See, e.g., 103-2, H. Res. 384, Mar. 10, 1994, p 4346; 107-1, H. Res. 
  100, Mar. 28, 2001, p ____.
        In addition to the Budget Act, concurrent resolutions on the 
  budget for fiscal year 2000 and fiscal year 2001 included a point of 
  order against consideration in the House or Senate of a concurrent 
  resolution on the budget for the following fiscal year, or any 
  amendment thereto or conference report thereon, that set forth a 
  deficit for any fiscal year (as determined by the Budget Committee). 
  106-1, sec. 201, H. Con. Res. 68; 106-2, sec. 201, H. Con. Res. 290.
      Section 305(a)(1) of the Budget Act requires a three-day layover 
  period that starts when the report on the resolution first becomes 
  available to the Members. Rule XIII clause 4(a). Section 305(a) of the 
  Budget Act also provides for consideration in the Committee of the 
  Whole; limits general debate to not more than ten hours, with up to an 
  additional four hours permitted on economic goals and policies; and 
  provides for consideration of amendments under the five-minute rule. 
  Sec. 5, infra. After the Committee of the Whole rises and reports the 
  resolution back to the House, the previous question is considered as 
  ordered on the resolution and any amendments thereto to final passage 
  without intervening motion. Neither a motion to recommit the 
  resolution nor a motion to reconsider is in order. Sec. 305(a)(2)-(5) 
  of the Budget Act. The question having been put on final adoption of 
  the resolution, the yeas and nays are considered as ordered. Rule XX 
  clause 10.
      A budget resolution being considered in Committee of the Whole has 
  been held subject to a motion to rise and report the resolution back 
  to the House with the recommendation that the resolving clause be 
  stricken. 103-1, Mar. 18, 1993, p 5658. However, the motion to 
  recommit pending House concurrence under rule XVIII clause 9 would not 
  be in order under section 305(a) of the Budget Act.
      A budget resolution may under some circumstances be divided so as 
  to permit a separate vote on particular sections therein. Manual 
  Sec. 921. The question of adoption of a budget resolution containing 
  one section revising the congressional budget for the fiscal year, 
  preceded by sections setting forth budget targets for ensuing fiscal 
  years as well as reconciliation instructions, and followed by a final 
  section on reporting of certain fiscal information, was divided on the 
  demand of a Member for two separate votes (1) on the first and final 
  portions of the resolution and then (2) on the separable section in 
  between. 96-2, May 7, 1980, pp 10185-87. The rule providing

[[Page 196]]

  for the consideration of a budget resolution normally precludes a 
  demand for a division. See, e.g., 107-1, H. Res. 100, Mar. 28, 2001, p 
  ____.


  Sec. 5 . -- Amendments to Resolutions

                                 Generally

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

              Amendments to Achieve Mathematical Consistency

      Rule XVIII clause 10 requires, with certain exceptions, that 
  amendments to concurrent resolutions on the budget be mathematically 
  consistent. Under this rule, amendments making changes in budget 
  authority and outlay aggregate totals must be accompanied by 
  comparable changes in functional categories. A point of order will lie 
  against an amendment to the resolution increasing the aggregates and a 
  functional category for budget authority and outlays but not changing 
  the amount of the deficit. However, an amendment that only transfers 
  an amount of budget authority from one functional category to 
  another--that is, reduces one category by a certain amount and adds 
  the same amount to another category--need make no changes in the 
  aggregates to achieve mathematical consistency. 96-1, May 8, 1979, p 
  10271.
      An amendment to achieve mathematical consistency throughout the 
  resolution may either change the functional categories to conform with 
  the aggregates, or vice versa, and if such an amendment is offered and 
  rejected, another amendment in different form to achieve mathematical 
  consistency may be offered. 96-1, May 14, 1979, pp 10967-75. Under 
  section 305(a)(5) of the Budget Act, an amendment or amendments to 
  achieve mathematic consistency can be offered at any time up to final 
  passage. These consistency requirements should be read in light of 
  provisions contained in budget resolutions of the 106th Congress. See, 
  e.g., 106-1, Sec. 201, H. Con. Res. 68, Apr. 14, 1999, p ____. Those 
  provisions established points of order against a budget resolution, or 
  amendment thereto, setting forth a deficit for any fiscal year.
      A change in the public debt limit from that figure reported by the 
  Committee on the Budget is not in order, except as part of an 
  amendment offered

[[Page 197]]

  at the direction of the Committee on the Budget to achieve 
  mathematical consistency. Rule XVIII clause 10. Public debt limit, see 
  Sec. 15, infra.

                                Germaneness

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


  Sec. 6 . -- Debate on Conference Reports

      Unless limited by a special rule, there can be up to five hours of 
  debate in the House on a conference report on a concurrent resolution 
  on the budget under section 305(a)(6) of the Budget Act, to be equally 
  divided between the majority and minority parties. Where the conferees 
  report in total disagreement, debate on the motion to dispose of the 
  amendment in disagreement is not governed by the statute and is 
  instead considered under the general ``hour'' rule in the House. See, 
  e.g., 95-2, May 17, 1978, p 14117.


  Sec. 7 . -- Budget Resolution to Precede Consideration of Related 
            Legislation

      Section 303 of the Budget Act precludes consideration of certain 
  budget-related legislation for a fiscal year until the budget 
  resolution for that year has been adopted by both Houses. The essence 
  of this section is timing. It reflects a judgment that legislative 
  decisions on expenditures and revenues for the coming fiscal year 
  should await the adoption of the budget resolution for that year. 101-
  2, July 25, 1990, p 19161. Legislation ruled out under section 303 has 
  included:

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


[[Page 198]]



      A section 303 point of order lies only against a bill or joint 
  resolution that has been reported. Sec. 303(b)(3) of the Budget Act. 
  However, a section 303 point of order may lie against an amendment to 
  an unreported measure. 105-2, July 24, 1998, p ____. In that instance 
  an amendment striking a revenue provision in a pending unreported bill 
  and proposing to insert an alternative revenue provision was held to 
  violate section 303.
      Waivers of section 303 of the Budget Act have been provided 
  pursuant to a special rule from the Committee on Rules. See Sec. 4, 
  supra. Section 303 does not apply after April 15 if the measure would 
  not increase the deficit or lower revenues below the aggregate level 
  of Federal revenues set forth in the concurrent resolution on the 
  budget. Sec. 302(g) of the Budget Act.


  Sec. 8 . Reconciliation Procedures

      Section 301(b)(2) of the Budget Act provides for the inclusion of 
  reconciliation instructions in a budget resolution and for the 
  reporting and consideration of reconciliation legislation. 
  Reconciliation instructions direct committees to recommend changes in 
  existing law to achieve the goals in spending or revenues contemplated 
  by the budget resolution. If reconciliation instructs more than one 
  committee in each House, then all committees instructed are to submit 
  their recommendations to their respective Budget Committees. The 
  Budget Committees then assemble, without substantive revision, all the 
  recommendations into one bill for action by the House or Senate. 
  Sec. 310 of the Budget Act. Reconciliation instructions may 
  contemplate several reconciliation bills, including a bill that 
  reduces revenues. See, e.g., 104-2, May 21, 1996, p 11939-41 (decision 
  of Chair sustained on appeal in the Senate); 106-1, H. Con. Res. 68, 
  Mar. 25, 1999, p ____ (House adoption of budget resolution). Section 
  310 provides expedited consideration in both Houses of reconciliation 
  legislation, provided the reconciliation bill has been reported as 
  privileged pursuant to rule XIII clause 5(a). However, it is customary 
  for the House to vary the parameters for consideration of a 
  reconciliation bill by adopting a special order of business resolution 
  recommended by the Committee on Rules. See, e.g., 107-1, H. Res. 142, 
  May 16, 2001, p ____.
      Section 310(c)(1)(A) of the Budget Act permits committees, in 
  meeting their reconciliation targets, to alternatively substitute 
  revenue and spending changes by up to 20 percent of the sum of the 
  absolute value of reconciled changes as long as the result does not 
  increase the deficit relative to the reconciliation instructions. 
  Section 310(d) of the Budget Act requires that amendments offered to 
  reconciliation legislation in either the House or the Senate must not 
  increase the level of deficit (if any) in the resolution. In

[[Page 199]]

  order to meet this requirement, an amendment reducing revenues or 
  increasing spending must offset deficit increases by equivalent 
  revenue increases or spending cuts. Manual on the Federal Budget 
  Process, CRS, Aug. 28, 1998, p 79. Section 313 of the Budget Act 
  addresses the subject of ``extraneous'' material in a reconciliation 
  bill--the so-called ``Byrd Rule.'' The enforcement of this section 
  applies only in the Senate but can be directed against matter 
  originating in the House.


  Sec. 9 . Adherence to Budget Resolution Spending and Revenue Levels

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

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

      With certain exceptions, section 311(a) of the Budget Act 
  precludes specified measures--including amendments and conference 
  reports--that would cause total budget authority or total outlays to 
  exceed, or total revenues to be below, the level set forth in the 
  budget resolution. The provision is enforced by points of order 
  against the consideration of reported measures that would breach the 
  ``appropriate levels'' of total new budget authority or total outlays 
  or total revenues in the budget resolution. A section 311(a) point of 
  order does not lie against consideration of an unreported measure. 
  104-1, Mar. 21, 1995, p 8491.
      The House has adopted resolutions to ``deem'' budget resolutions 
  to be in place for temporary enforcement. These ``deemers'' have been 
  in either a special rule reported from the Committee on Rules or as a 
  separate order in an opening-day resolution adopting the standing 
  rules for a Congress. See, e.g., 105-2, H. Res. 477, June 19, 1998, p 
  ____; 106-1, sec. 2(a)(1), H. Res. 5, Jan. 6, 1999, p ____; 107-2, H. 
  Res. 428, May 22, 2002, p ____; 108-1, H. Res. 5, Jan. 7, 2003, p 
  ____.
      In the 108th Congress, the House adopted a special rule permitting 
  the former chairman of the Committee on the Budget to place in the 
  Congressional Record section 302(a) allocations under the budget 
  resolution that were ``deemed'' in place. Before his election as 
  chairman in the 108th Congress, the Member who served as chairman of 
  the Committee on the Budget

[[Page 200]]

  in the 107th Congress was given such permission because the Budget 
  Committee was not constituted before the House considered measures 
  subject to enforcement under the Budget Act. 108-1, H. Res. 14, Jan. 
  8, 2003, p ____.
      The Chair has sustained points of order under section 311(a) of 
  the Budget Act in the following instances:

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

            Committee Allocations (Sec. 302 of the Budget Act)

      Section 302(a) of the Budget Act provides for an allocation to 
  each committee of ``appropriate levels'' of new budget authority and 
  outlays, which are published in the joint statement of managers 
  accompanying a conference report on the budget resolution.
       Each committee is allocated an overall level for discretionary 
  spending that is consistent with the congressional budget plan. Under 
  section 302(b) of the Budget Act, the Committee on Appropriations of 
  each House then subdivides its allocations among its subcommittees. 
  Section 302(c) of the Budget Act precludes consideration of an 
  appropriation measure until that committee has made its suballocation 
  under section 302(b). Points of order under section 302(c) apply 
  separately to the consideration of bills and amendments. Thus, a 
  waiver of points of order against consideration of an unreported 
  appropriation bill before filing of a report from the Committee on 
  Appropriations allocating new budget authority among its subcommittees 
  does not extend to an amendment providing new budget authority in 
  addition to the amounts contained in the bill. 100-1, July 13, 1987, p 
  19514; 108-1, Jan. 8, 2003, p ____.
      Any Member may raise a point of order under section 302(f) of the 
  Budget Act against a reported bill, amendment, or conference report 
  that would exceed the relevant committee allocation. An amendment that 
  provides no new budget authority or outlays but instead results in 
  outlay savings is not subject to a point of order under these 
  provisions. 100-1, June

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  30, 1987, p 18308. The Chair has sustained points of order under 
  section 302(f) of the Budget Act in the following instances:

    An amendment to a general appropriation bill proposing to 
         strike a provision scored as negative budget authority and thus 
         providing new budget authority in excess of the relevant 
         allocation under section 302(b) of the Budget Act. 106-2, June 
         13, 2000, p ____.
     An amendment to a general appropriation bill proposing to 
         strike a provision stating that a specified increment of new 
         discretionary budget authority provided by the bill would 
         ``become available for obligation only upon the enactment of 
         future appropriations legislation,'' thus causing the bill to 
         provide additional new discretionary budget authority in that 
         incremental amount in excess of the relevant 302(b) allocation. 
         104-2, June 26, 1996, p 15563.
     A motion to recommit a bill with instructions proposing to 
         provide new budget authority in excess of the relevant 302(a) 
         allocation. 106-2, June 28, 2000, p ____.

      In the 108th Congress, the House adopted a special rule permitting 
  the former chairman of the Committee on the Budget to place in the 
  Congressional Record section 302(a) allocations under a budget 
  resolution that were ``deemed'' adopted by the House. Before his 
  election as chairman in the 108th Congress, the Member who served as 
  chairman of the Committee on the Budget in the 107th Congress was 
  given such permission because the Budget Committee was not constituted 
  before the House considered measures subject to enforcement under 
  section 302(a) of the Budget Act. 108-1, H. Res. 14, Jan. 8, 2003, p 
  ____; see Sec. 9, supra.

                       The Section 311(b) Exception

      As noted above, section 311(a) of the Budget Act precludes 
  Congress from considering legislation that would cause total revenues 
  to fall below, or total new budget authority or total outlays to 
  exceed, the appropriate level set forth in the budget resolution. 
  However, section 311(a) does not apply in the House to spending 
  legislation if the committee reporting the measure has stayed within 
  its allocation of new budget authority. See Sec. 311(c) of the Budget 
  Act. Accordingly, the House may take up any spending measure that is 
  within the appropriate committee allocations, even if (solely due to 
  excessive spending within another committee's jurisdiction) it would 
  cause total spending to be exceeded.

                            Emergency Spending

      Before the expiration of section 251 of Gramm-Rudman, section 314 
  of the Budget Act provided automatic adjustments to budget aggregates 
  and discretionary spending limits set forth in the concurrent 
  resolution on the budget and to the relevant committee allocations 
  under section 302(a) of the

[[Page 202]]

  Budget Act for appropriations designated as an emergency pursuant to 
  section 251(b)(2)(A). Such designation permitted emergency spending 
  notwithstanding the enforcement mechanisms contained in sections 
  311(a) and 302(f) of the Budget Act, although the designation did not 
  automatically cause a corresponding adjustment to a section 302(b) 
  allocation of a subcommittee of the Committee on Appropriations. An 
  emergency designation of direct spending or receipts pursuant to 
  section 252(e) of the Balanced Budget and Emergency Deficit Control 
  Act is still possible and may cause adjustments under section 314 of 
  the Budget Act as described herein. However, because the sequestration 
  procedures outlined in section 252(e) are no longer viable, such 
  emergency designation is unlikely. Sequestration to enforce 
  discretionary spending limits also has expired with the expiration of 
  section 251, although that feature of the law could be reinvigorated 
  in the 108th Congress.

             Chair Guided by Committee on the Budget Estimates

      When the Chair decides questions of order under titles III and IV 
  of the Budget Act, section 312(a) of the Budget Act requires him to 
  rely on estimates provided by the Committee on the Budget in 
  determining levels of new budget authority, outlays, direct sending, 
  new entitlement authority, and revenues for a fiscal year. See, e.g., 
  106-2, June 8, 2000, p ____.


  Sec. 10 . Other Spending Controls

                                 Generally

      For a detailed explanation of deficit targets, discretionary 
  spending limits, and the paygo process, see the Manual on the Federal 
  Budget Process, CRS, Aug. 28, 1998.


  Sec. 11 . -- Sequestration

      Sequestration (an automatic spending reduction process) involves 
  the issuance of a Presidential order that permanently cancels 
  budgetary authority (except for special funds and trust funds) for the 
  purpose of achieving a required amount of outlay savings. 
  Sequestration orders are automatically triggered by OMB reports 
  mandated under Gramm-Rudman. Gramm-Rudman provided multiple 
  sequestration procedures. However, two of those procedures (section 
  251, to enforce the discretionary spending limits, and section 253, to 
  enforce deficit targets) expired on September 30, 2002. Sec. 275 of 
  Gramm-Rudman. The sequestration procedures under section 252 of Gramm-
  Rudman, although textually still in law, have no effect. Sections 251-
  253 of Gramm-Rudman could be reinvigorated in the 108th Congress.

[[Page 203]]

                Modification or Suspension of Sequestration

      OMB having issued a final sequestration report for a fiscal year, 
  the Majority Leader of either House may under Sec. 258A(a) of Gramm-
  Rudman introduce a timely joint resolution directing the President to 
  modify his most recent sequestration order or to provide an 
  alternative to reduce the deficit for such fiscal year. The issuance 
  of a ``low growth'' report by CBO may also trigger a joint resolution 
  suspending the relevant enforcement provisions of titles III and IV of 
  the Budget Act. Sec. 258(a) of Gramm-Rudman. For an example of such a 
  resolution, see 102-1, S.J. Res. 44, Jan. 23, 1991, p 2128.
      A sequestration ordered by the President for fiscal year 1990 was 
  rescinded by the Congress when it adopted a deficit-reducing 
  reconciliation bill for that year. In this instance, initial 
  sequestration reports for fiscal year 1990 were issued by the 
  Directors of both CBO and OMB. Accordingly, the President issued an 
  initial sequestration order directing that the reductions specified in 
  the OMB report be made on a provisional basis. A final sequestration 
  order was then issued by the President. The Omnibus Budget 
  Reconciliation Act of 1989 included provisions to rescind the orders 
  and restore the sequestered funds. It also reduced the deficit by 
  achieving certain other savings.

                          Discretionary Spending

      The currently expired section 251 of Gramm-Rudman imposed limits 
  on discretionary spending. The limits applied to new budget authority 
  and outlays provided in annual appropriations Acts (except for certain 
  mandatory programs funded in those Acts). A breach in either type of 
  limit would cause a sequester under section 251. Section 251(b)(1) of 
  Gramm-Rudman set forth a detailed procedure for the periodic, 
  automatic adjustment of the discretionary spending limits. Adjustments 
  were made for various factors, including changes in accounting 
  concepts and inflation. The 108th Congress could reinvigorate section 
  251.

                              Direct Spending

      A conventional authorization establishes or continues a government 
  agency or program. Although it may limit the amount of budget 
  authority that may be appropriated for that purpose, the authorized 
  funds are available only to the extent provided for in appropriation 
  Acts originated by the Committee on Appropriations. Deschler Ch 25 
  Sec. 2.13; see Appropriations. Spending legislation that circumvents 
  the appropriations process is called ``direct spending'' (sometimes 
  referred to as ``mandatory spending''). Under section 250(c)(8) of 
  Gramm-Rudman, direct spending includes the fol

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  lowing: (1) budget authority provided by law other than appropriation 
  Acts; (2) entitlement authority; and (3) the food stamp program.
      Direct spending is not capped but operates under Gramm-Rudman's 
  so-called paygo process (section 252 of Gramm-Rudman), which requires 
  that direct spending and revenue legislation enacted be deficit 
  neutral. However, section 252, although textually still in law, has no 
  effect, although it could be reinvigorated in the 108th Congress.


  Sec. 12 . -- New Contract Authority; New Borrowing Authority 
            (Sec. 401(a))

      New budget authority provided by law other than appropriation Acts 
  may take the form of new contract authority or new authority to incur 
  indebtedness (often referred to as ``borrowing authority'').
      With certain exceptions, section 401(a) of the Budget Act requires 
  new contract authority and new authority to incur indebtedness to be 
  effective only as provided in appropriation Acts. The various 
  authorities referred to in section 401(a) of the Budget Act do not 
  apply to bills that provide legislative authorizations that are 
  subject to the appropriations process. A conference report authorizing 
  the Secretary of Health, Education, and Welfare to borrow funds by 
  issuing government notes as a public debt transaction, not subject to 
  amounts specified in advance in appropriation Acts, was conceded to 
  violate section 401(a) of the Budget Act and was ruled out on a point 
  of order. 94-2, Sept. 27, 1976, p 32655. Whether or not an amendment 
  to a pending measure violates section 401(a) of the Budget Act is 
  determined by its marginal effect on the pending measure (rather than 
  current law). See 102-2, Mar. 26, 1992, p 7183.


  Sec. 13 . -- Entitlement Authority (Sec. 401(b))

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

[[Page 205]]

      The following examples have been held to provide new entitlement 
  authority within the meaning of the Budget Act:

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

  Manual Sec. 1127.

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

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

  Manual Sec. 1127.

      In recent Congresses, the House has adopted a an order of the 
  House excluding Federal compensation from the definition of 
  entitlement authority. See, e.g., H. Res. 5, Jan. 7, 2003, p ____.

            Points of Order under Section 401 of the Budget Act

      A point of order under section 401 lies against a reported bill or 
  joint resolution and not against an unreported measure. Manual 
  Sec. 1127. The spending authorities subject to constraints under 
  section 401, as forms of direct spending, are also subject to the 
  spending constraints on new budget authority under sections 302(f), 
  303, and 311(a) of the Budget Act. The paygo provisions of section 252 
  of Gramm-Rudman have constrained legislation providing direct spending 
  and receipts. However, section 252, although textually still in law, 
  has no effect. It could be reinvigorated in the 108th Congress. Manual 
  Sec. 1127.


  Sec. 14 . Social Security Funds

      Receipts and disbursements of the Social Security trust funds are 
  not to be counted as new budget authority, outlays, receipts, or as 
  deficit or surplus. Under section 13301 of the BEA of 1990, the off-
  budget status of these programs applies for purposes of the 
  President's budget, the congressional budget, and under Gramm-Rudman. 
  Manual Sec. 1129. Section 13302 of the BEA of 1990 creates a ``fire 
  wall'' point of order in the House to pro

[[Page 206]]

  hibit the consideration of legislation that would change certain 
  balances of the Social Security trust funds over specified periods. 
  Manual Sec. 1129.
      Section 310(g) of the Budget Act prohibits the consideration of 
  reconciliation legislation that contains recommendations with respect 
  to the title II program under the Social Security Act (OASDI).


  Sec. 15 . The Budget Process and the Public Debt Limit

      A limit on the public debt is fixed by law. 31 USC Sec. 3101. The 
  public debt limit may be changed by enactment of a bill or joint 
  resolution. See, e.g., 101-2, H.R. 5350, Aug. 4, 1990; the Omnibus 
  Budget Reconciliation Act of 1993. Such a joint resolution may be 
  generated automatically under rule XXVII upon adoption by Congress of 
  a concurrent resolution on the budget that sets forth a level of the 
  public debt that is different from the statutory limit. Rule XXVII was 
  first adopted in the 96th Congress. It was rendered inoperative on 
  occasion. See, e.g., 104-1, H. Res. 149, May 17, 1995, pp 13275, 
  13276; 105-1, H. Res. 152, May 20, 1997, p ____. It was repealed in 
  the 107th Congress and reinstated in the 108th Congress. Manual 
  Sec. 1104.
      Section 301(a)(5) of the Budget Act requires the budget resolution 
  to set forth the appropriate level for the public debt. Under rule 
  XVIII clause 10(c)(1), it is not in order to consider an amendment to 
  the budget resolution that proposes to change the appropriate level 
  for the public debt. Reconciliation directives relative to changes in 
  the public debt may be included in the concurrent resolution on the 
  budget under section 310(a)(3) of the Budget Act.


  Sec. 16 . Impoundments Generally

             Executive Branch Authority; Types of Impoundments

      The executive branch has no inherent power to impound appropriated 
  funds. In the absence of express congressional authorization to 
  withhold funds appropriated for implementation of a legislative 
  program, the executive branch must spend all the funds. Kennedy v. 
  Mathews, 413 F. Supp. 1240 (D.D.C. 1976); see also Train v. City of 
  New York, 420 U.S. 35 (1975). Accordingly, if the controlling statute 
  gives the officials in question no discretion to withhold the funds, a 
  court may grant injunctive relief directing that they be made 
  available. Kennedy, 413 F. Supp. 1245.
      The impoundment of appropriated funds may be proposed by the 
  President pursuant to the Impoundment Control Act of 1974. Manual 
  Sec. 1130(6A). Two types of impoundments are referred to by this 
  statute: (1) rescissions, which are the permanent cancellation of 
  spending, and (2) deferrals, which

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  impose a temporary delay in spending. Sec. Sec. 1012, 1013 of the 
  Impoundment Control Act; 2 USC Sec. 681.
      The Impoundment Control Act was enacted by Congress in an effort 
  to control the budgetary impoundment powers asserted by the President. 
  As the court noted in City of New Haven, Conn. v. United States, 634 
  F. Supp. 1449 (D.D.C. 1986), in the early 1970's the President began 
  to use impoundments as a means of shaping domestic policy, withholding 
  funds from various programs he did not favor. The legality of these 
  impoundments was repeatedly litigated, and by 1974, impoundments had 
  been vitiated in many cases. See, e.g., National Council of Community 
  Mental Health Centers, Inc. v. Weinberger, 361 F. Supp. 897 (D.D.C. 
  1973) (public health funds).


  Sec. 17 . -- Rescissions; Line Item Veto

                       Under Impoundment Control Act

      Under the Impoundment Control Act, the President may propose to 
  rescind all or part of the budget authority Congress has appropriated 
  for a particular program. To propose a rescission, the President must 
  send a special message to Congress detailing the amount of the 
  proposed rescission, the reasons for it, and a summary of the effects 
  the rescission would have on the programs involved. Sec. 1012(a) of 
  the Impoundment Control Act. Under the Act, Congress then has 45 days 
  within which to approve the proposed rescission by a ``rescission 
  bill'' that must be passed by both Houses. Sec. 1012(b) of the 
  Impoundment Control Act. If the rescission bill is not approved, the 
  President must allow the full amount appropriated to be spent. City of 
  New Haven, Conn. v. United States, 634 F. Supp. 1449, 1452 (D.D.C. 
  1986).
      The 45-day period prescribed by the Act applies only to the 
  initial consideration of the bill; the consideration of a conference 
  report on such a bill is subject only to the general rules of the 
  House relating to conference reports and is not prevented by the 
  expiration of the 45-day period following the initial consideration of 
  the bill. Manual Sec. 1130(6A).
      The Impoundment Control Act sets forth detailed procedures 
  expediting and governing the consideration of a rescission bill 
  introduced under its provisions. Sec. 1017(a)-(c) of the Impoundment 
  Control Act. These procedures are rarely invoked in the modern 
  practice, and the ``rescission bill'' referred to in the Act is not 
  the only means by which the House may take action on such a matter. 
  The House may address the question through other legislation without 
  following the procedures set forth in section 1017 of the Impoundment 
  Control Act. 94-1, Mar. 25, 1975, p 8484.

[[Page 208]]

      Rescissions of prior appropriations are often reported in general 
  appropriation bills, and the inclusion of rescission language by the 
  Committee on Appropriations is excepted from the prohibition against 
  provisions ``changing existing law'' under rule XXI clause 2(b). See 
  Manual Sec. Sec. 1038, 1043, 1052. However, this exception does not 
  extend to amendments or to the rescission of contract authority 
  provided by a law other than an appropriations Act. Manual Sec. 1052.

                         Under Line Item Veto Act

      Enhanced rescission authority was given to the President on April 
  9, 1996, with the enactment of the Line Item Veto Act. This new 
  authority first became effective in the 105th Congress. It added a new 
  part C to title X of the Congressional Budget and Impoundment Control 
  Act of 1974. 2 USC Sec. 631.
      In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme 
  Court held that the cancellation procedures of the Line Item Veto Act 
  violated the presentment clause of article I, section 7 of the 
  Constitution. During the period between January 1, 1997 (the effective 
  date of the Act), and the Court decision, the President exercised his 
  authority under the Act to cancel dollar amounts of discretionary 
  budget authority (see e.g., H. Doc. 105-147), new direct spending (H. 
  Doc. 105-115), and limited tax benefits (H. Doc. 105-116). 
  Cancellations were effective unless disapproved by law.
      Although the congressional review procedures remain in the law, 
  the Court decision makes it unlikely that they will be invoked. The 
  procedures may be summarized as follows: The cancellations were 
  transmitted to the Congress by Presidential message within five 
  calendar days after the enactment of the law to which the cancellation 
  applied. The Act provided for a congressional review period of 30 
  calendar days of session with expedited House consideration of bills 
  disapproving the cancellations, including: (1) prescribing the text; 
  (2) referral to committee with directions to report within seven 
  calendar days subject to a motion to discharge; (3) consideration of a 
  disapproval bill in the Committee of the Whole with no amendment in 
  order (except that a Member, supported by 49 other Members, could 
  offer an amendment striking cancellations from the bill), and 
  consideration of the bill for amendment limited to one hour; and (4) 
  one-calendar-day availability for a conference report. 
  Sec. Sec. 1025(d), 1025(f), 1026(6) of the Impoundment Control Act. 
  The Act also provided for expedited procedures in the Senate.

[[Page 209]]

  Sec. 18 . -- Deferrals

      Under section 1013(a) of the Impoundment Control Act of 1974, the 
  President must notify Congress of the proposed deferral of any budget 
  authority, the reasons for the deferral, the impact the deferral will 
  have on the programs involved, and ``any legal authority invoked to 
  justify the proposed deferral.'' 2 USC Sec. 684(a).
      Until 1986 the Act was used frequently as the basis for 
  Presidential deferral proposals and for their consideration by the 
  Congress. Section 1013 of the Impoundment Control Act allows a 
  deferral to be overridden by a resolution of disapproval passed by 
  either House. Congress could reject the proposal by one-House veto or 
  in subsequent legislation. Today, the Congress may disapprove a 
  deferral only through the enactment of a law (often an appropriation 
  Act). It may not do so through a resolution of disapproval only by one 
  House under court rulings. Manual Sec. 1130 (Congressional Disapproval 
  Provisions Contained in Public Laws).
      In 1986 a suit was brought to contest the validity of certain 
  deferrals proposed by the President under section 1013 of the 
  Impoundment Control Act. In November 1985, the President had signed 
  the fiscal year 1986 appropriations bill for the Department of Housing 
  and Urban Development, which appropriated funds for certain community 
  development programs. In February 1986, the President sent impoundment 
  notices to Congress pursuant to the Act announcing his deferrals of 
  the expenditure of funds for the programs at issue. The plaintiffs in 
  the suit included various cities, community groups, and Members of 
  Congress. The plaintiffs challenged as unconstitutional the provision 
  allowing a so-called one-House legislative veto of impoundments 
  proposed by the President, such vetoes having been declared 
  unconstitutional under the Supreme Court decision in Immigration and 
  Naturalization Service v. Chadha, 462 U.S. 919, 103 (1983). The 
  plaintiffs argued that the unconstitutional legislative veto provision 
  contained in section 1013 rendered the entire section invalid, leaving 
  the President without statutory authority on which to base the 
  deferrals in question. After analyzing the intent of Congress in 
  enacting section 1013, the District Court for the District of Columbia 
  held that the section's unconstitutional legislative veto provision 
  was inseverable from the remainder of the section. City of New Haven, 
  Conn. v. United States, 634 F. Supp. 1449 (D.D.C. 1986). Accordingly, 
  the court declared section 1013 void in its entirety and ordered the 
  defendants to make the deferred funds available for obligation. City 
  of New Haven, 634 F. Supp. 1460. The judgment of the District Court in 
  striking down section 1013 in its entirety was affirmed by the U.S. 
  Court of Ap

[[Page 210]]

  peals. City of New Haven, Conn. v. United States, 809 F.2d 900 (D.C. 
  Cir. 1987).
      In 1987, after section 1013 of the Impoundment Control Act was 
  declared unconstitutional, the Act was amended to exclude the one-
  House legislative veto procedure, and limitations were placed on the 
  purposes for which deferrals could be made. Section 1013 of the 
  Impoundment Control Act now permits deferrals only in three specified 
  situations: ``to provide for contingencies,'' ``to achieve savings 
  made possible by or through changes in requirements or greater 
  efficiency of operations,'' or ``as specifically provided by law.'' 
  The same language is used in the Anti-Deficiency Act. 31 USC 
  Sec. 1512(c)(1). The purpose of such language was to preclude the 
  President from invoking section 1013 as authority for implementing 
  ``policy'' impoundments, while preserving the President's authority to 
  implement routine ``programmatic'' impoundments. City of New Haven, 
  Conn. v. United States, 809 F.2d 906 (note).

                           Unreported Deferrals

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


  Sec. 19 . Unfunded Mandates

      The Unfunded Mandates Reform Act of 1995 added a new part B to 
  title IV of the Budget Act that imposes several requirements on 
  committees with respect to ``Federal mandates,'' establishes points of 
  order to enforce those requirements, and precludes the consideration 
  of a rule or order waiving such points of order in the House. 2 USC 
  Sec. Sec. 658-658g. Section 425 of the Budget Act establishes a point 
  of order against consideration of a bill, joint resolution, amendment, 
  motion, or conference report containing unfunded intergovernmental 
  mandates. Section 426(a) of the Budget Act establishes a point of 
  order against consideration of any rule or order that waives the 
  application of section 425. Points of order under sections 425 and 
  426(a) of the Budget Act are disposed of by the House voting on the 
  question of consideration. Manual Sec. 1127.
      Section 426(b) of the Budget Act requires a Member raising a point 
  of order under section 425 to specify the precise language upon which 
  the point of order is based. Debate on the point of order is on the 
  question of consideration of the underlying text that is the subject 
  of the point of order.

[[Page 211]]

   The Members controlling debate on the point of order may reserve 
  their time, and a manager of a measure who controls time for debate 
  against the point of order has the right to close debate. A point of 
  order under section 426 against consideration of a resolution 
  providing a special order of business that waives section 425 or self-
  executes the adoption of an amendment must be made when the special 
  order is called up and comes too late after the resolution has been 
  adopted. A point of order under section 425 against consideration of a 
  bill is properly raised pending the Speaker's declaration that the 
  House resolve into the Committee of the Whole for such consideration. 
  Manual Sec. 1127.
      Under rule XVIII clause 11, an amendment proposing only to strike 
  an unfunded Federal intergovernmental mandate from a bill in the 
  Committee of the Whole may be precluded only by specific terms of a 
  special order of the House. Manual Sec. 991.


[[Page 213]]

 
                     CHAPTER 8 - CALENDAR WEDNESDAY

                              HOUSE PRACTICE

  Sec.  1. In General; Forms
  Sec.  2. Business Considered on Calendar Wednesday
  Sec.  3. -- In Committee of the Whole
  Sec.  4. Privilege and Precedence of Calendar Wednesday Business
  Sec.  5. The Call of Committees
  Sec.  6. Calling Up Calendar Wednesday Business; Authorization
  Sec.  7. The Question of Consideration
  Sec.  8. Consideration and Debate
  Sec.  9. -- Use of Additional or Subsequent Wednesdays
  Sec. 10. Unfinished Business; Effect of Previous Question
  Sec. 11. Dispensing with Calendar Wednesday
        Research References
          7 Cannon Sec. Sec. 881-971
          Deschler Ch 21 Sec. 4
          Manual Sec. Sec. 900, 901


  Sec. 1 . In General; Forms

      Under rule XV clause 7, the Calendar Wednesday rule, Wednesdays 
  are set apart for the consideration, pursuant to a call of committees, 
  of unprivileged bills on the House and Union Calendars. The Calendar 
  Wednesday procedure is utilized infrequently due to its cumbersome 
  operation and to the fact that unprivileged bills may be considered 
  more effectively pursuant to other procedures, such as a special order 
  from the Committee on Rules, suspension of the rules, or unanimous 
  consent. Deschler Ch 21 Sec. 4.
      The Calendar Wednesday rule may be dispensed with and does not 
  apply during the last two weeks of a session. Manual Sec. 900; 
  Sec. 11, infra.

                                   Form

      Speaker: Today is Calendar Wednesday, and the Clerk will call the 
    roll of committees.
      Member (when his committee is called): Mr. Speaker, by direction 
    of the Committee on __________, I call up the bill H.R. ______.

      Note: Calendar Wednesday business may be called up only on formal 
  authorization by the committee. A Mem

[[Page 214]]

  ber without such authorization may not call up the bill if objection 
  is made. Sec. 6, infra.

      Speaker: This bill is on the House Calendar. The Clerk will report 
    the bill.
      [or, if the bill is on the Union Calendar . . .]
      Speaker: This bill is on the Union Calendar, and under the rule 
    the House automatically resolves itself into the Committee of the 
    Whole House on the state of the Union, with the gentleman from 
    ______, Mr. ______, in the Chair.
      Chairman: The House is in the Committee of the Whole House on the 
    state of the Union for the [further] consideration of the bill H.R. 
    ______, which the Clerk will report [by title].

      Note: When first called up, the bill is read in full unless 
  reading is dispensed with by unanimous consent. If consideration is 
  extended beyond the day, it is read by title when called up on 
  subsequent days.

      Chairman: Under the rule, general debate is limited to two hours, 
    and the Chair will recognize the gentleman from ______, Mr. ______ 
    [usually the chairman of the committee], for the hour in favor of 
    the bill and later the gentleman from ______, Mr. ______ [usually 
    the ranking minority member of the committee], for the hour in 
    opposition. The gentleman from ______, is recognized.


  Sec. 2 . Business Considered on Calendar Wednesday

      Committees called under the Calendar Wednesday rule may call up 
  for consideration any unprivileged bill on either the House or the 
  Union Calendar but not on the Private Calendar. Manual Sec. 900; 
  Deschler Ch 21 Sec. 4. No priority is given to bills on the House or 
  the Union Calendar. 7 Cannon Sec. Sec. 938, 963.
      The Calendar Wednesday procedure applies only to bills reported 
  from committee and not to amendments between the Houses or to 
  unreported bills. 98-2, June 28, 1984, p 19770. Another limitation of 
  rule XV clause 7(b) is that it applies only to unprivileged public 
  bills. Manual Sec. 900. A privileged bill is ineligible for 
  consideration under the Calendar Wednesday rule, whether it is 
  reported from the floor or delivered to the Clerk. 7 Cannon Sec. 936. 
  Unprivileged bills given privileged status by unanimous-consent 
  agreement or special order are ineligible for consideration under the 
  Calendar Wednesday procedure. 7 Cannon Sec. Sec. 932-935.
      The purpose of the Calendar Wednesday rule is to preserve that day 
  for the class of legislation specified by the rule--namely, 
  unprivileged bills. Manual Sec. 900. Committee reports on bills may be 
  filed on Calendar Wednesday, but they may not be called up for 
  consideration or other action on such days. 7 Cannon Sec. 907.

[[Page 215]]

      When Calendar Wednesday business is being considered under the 
  rule, it is not in order to:

     Move a change of reference. 7 Cannon Sec. Sec. 884, 2117.
     Call up a conference report. 7 Cannon Sec. Sec. 899-901.
     Offer a motion for recess. Manual Sec. 900.
     Call up a privileged bill, even though given privileged status 
         by special order. 7 Cannon Sec. Sec. 932, 934, 935.
     Call up a private bill. Deschler Ch 21 Sec. 4.10.
     Consider business coming over from Tuesday with the previous 
         question ordered. 7 Cannon Sec. 890.
     Call up a resolution of inquiry or move to discharge a 
         committee from the consideration of such a resolution. 7 Cannon 
         Sec. Sec. 896-898.

      On Calendar Wednesdays, the Speaker ordinarily declines to 
  entertain unanimous-consent requests not connected with Calendar 
  Wednesday business. 7 Cannon Sec. Sec. 882-888. However, the House may 
  by unanimous consent, prior to the call of committees on Calendar 
  Wednesday, permit a one-minute speech (Deschler-Brown Ch 29 
  Sec. 10.62), allow a bill to be sent to a House-Senate conference 
  (Manual Sec. 901), or permit consideration of a resolution electing a 
  committee chairman (98-2, Jan. 25, 1984, p 357).


  Sec. 3 . -- In Committee of the Whole

      When a bill on the Union Calendar is called up on Calendar 
  Wednesday, the House automatically resolves into the Committee of the 
  Whole without motion from the floor. Manual Sec. 901. When such a bill 
  comes up as the unfinished business on the next Calendar Wednesday 
  when the same committee can be recognized, the House automatically 
  resolves into the Committee of the Whole immediately without waiting 
  for the call; and debate is resumed from the point at which it was 
  discontinued on the previous Wednesday. 7 Cannon Sec. Sec. 940, 942, 
  966; Deschler Ch 21 Sec. 4.26.
      On rejection by the House of a recommendation by the Committee of 
  the Whole for peremptory disposition of a bill under consideration on 
  Calendar Wednesday, the House automatically resolves into the 
  Committee of the Whole for its further consideration. 7 Cannon 
  Sec. 943.
      Resolving into the Committee generally, see Committees of the 
  Whole.


  Sec. 4 . Privilege and Precedence of Calendar Wednesday Business

      No business in order on Calendar Wednesdays may precede the call 
  of committees unless the call has been dispensed with as provided for 
  in rule XV clause 7. Manual Sec. 900; 7 Cannon Sec. 881. Calendar 
  Wednesday business

[[Page 216]]

  is privileged matter which may interrupt the daily order of business 
  as specified in rule XIV clause 1. Manual Sec. 871. It takes 
  precedence over other business privileged under the rules, except a 
  veto message privileged under the Constitution (Deschler Ch 21 
  Sec. 4.6), a question of privilege (7 Cannon Sec. Sec. 908-911; 
  Deschler Ch 21 Sec. 4.5), and the administration of the oath to 
  Members (6 Cannon Sec. 22). When the call of committees is completed 
  on Calendar Wednesday, business otherwise in order may be called up on 
  that day. 7 Cannon Sec. 921.

      The call of committees on Calendar Wednesday has precedence over:

     The consideration of conference reports. 7 Cannon 
         Sec. Sec. 899-901.
     Business provided for by special order unless the special 
         order expressly specifies Wednesday and was passed by two-
         thirds vote. 7 Cannon Sec. 773; Sec. 11, infra.
     The motion to go into Committee of the Whole to consider 
         revenue and appropriation bills. 7 Cannon Sec. 904.
     Business on which the previous question is operating and 
         undisposed of at adjournment on the preceding day. 7 Cannon 
         Sec. 890.
     The motion for change of reference to committees. 7 Cannon 
         Sec. Sec. 883, 884.
     Privileged resolutions of inquiry. 7 Cannon Sec. 896.
     Contested election cases. 7 Cannon Sec. 903.
     Motions to reconsider. 7 Cannon Sec. 905.
     Certain procedural propositions relating to impeachment. 7 
         Cannon Sec. 902.
     Budget messages from the President. 7 Cannon Sec. 914.
     Senate bills privileged because of similarity to a bill on the 
         House Calendar. 7 Cannon Sec. 906.
     Unanimous-consent requests generally. 7 Cannon Sec. Sec. 882-
         888.

      Motions to reconsider may be entered but not considered. 7 Cannon 
  Sec. 905. Privileged reports may be presented for printing but without 
  the right to call up for immediate consideration. 7 Cannon Sec. 907.


  Sec. 5 . The Call of Committees

      Committees are called seriatim in the order in which they appear 
  in rule X, the call being limited to those committees which have been 
  elected. 7 Cannon Sec. Sec. 922, 923, 925. Select committees with 
  legislative jurisdiction are called after standing committees. 
  Deschler Ch 21 Sec. 4. When a committee is reached during a Calendar 
  Wednesday call of committees, it is ordinarily not in order to ask 
  recognition for any purpose other than to call up a bill for 
  consideration. 6 Cannon Sec. 754.
      During a call of committees under the rule, a committee may not 
  yield or exchange its order of rotation. 7 Cannon Sec. 927. Any 
  committee declining

[[Page 217]]

  to proceed with consideration of a bill when called on Wednesday loses 
  that opportunity until again called in regular order. 7 Cannon 
  Sec. 926.


  Sec. 6 . Calling Up Calendar Wednesday Business; Authorization

                                 Generally

      The Calendar Wednesday rule permits committees to call up 
  unprivileged bills from either the House Calendar or the Union 
  Calendar, provided that there has been compliance with other rules of 
  the House requiring that the measure and the report thereon be 
  available for three days prior to consideration. Manual Sec. Sec. 850, 
  900.
      Calendar Wednesday business may be called up only on formal 
  authorization by the reporting committee. 7 Cannon Sec. 929. Rule XIII 
  clause 2(b), requiring the chairman of each committee to take 
  necessary steps to bring reported measures to a vote, is sufficient 
  authority for the chairman to call up a bill on Calendar Wednesday. 
  Deschler Ch 21 Sec. 4.16. However, any other committee member must 
  obtain specific authorization of his committee to call up a reported 
  bill on Calendar Wednesday. Manual Sec. 901; 4 Hinds Sec. 3128; 7 
  Cannon Sec. Sec. 928, 929. Committee authorization to a committee 
  member to ``use all parliamentary means to bring the bill before the 
  House'' is sufficient authorization to the member to call up the bill 
  on Calendar Wednesday. 8 Cannon Sec. 2217. Authority having been given 
  to one Member to call up a bill, another may not be recognized for 
  that purpose if objection is made. 7 Cannon Sec. Sec. 928, 929. Only 
  the member authorized by the committee reporting the bill may call up 
  that bill on Calendar Wednesday. Deschler Ch 21 Sec. 4.12. It is 
  within the discretion of the committee to determine which member to 
  authorize to call up the bill. Deschler Ch 21 Sec. 4.15.

                                Withdrawal

      After a bill has been called up on Calendar Wednesday, it may be 
  withdrawn at any time before amendment. 7 Cannon Sec. 930.


  Sec. 7 . The Question of Consideration

      The question of consideration may be demanded on a bill called up 
  under the Calendar Wednesday rule. Deschler Ch 21 Sec. 4.18. The 
  question is properly raised after the Clerk has read the title of the 
  bill. Deschler Ch 21 Sec. 4.20. The question of consideration is 
  properly raised on a Union Calendar bill in the House before going 
  into Committee of the Whole. 7 Cannon Sec. 952. If the question is 
  decided in the affirmative, the House automatically resolves itself 
  into the Committee of the Whole for the consideration of the bill. 
  Deschler Ch 21 Sec. 4.20.

[[Page 218]]

      The refusal of the House to consider a bill called up under the 
  Calendar Wednesday rule does not preclude the bill from being brought 
  up under another procedure, such as pursuant to a rule from the 
  Committee on Rules. Deschler Ch 21 Sec. 4.19.
      It is not in order to reconsider the vote whereby the House has 
  declined to consider a proposition under the Calendar Wednesday rule. 
  Deschler Ch 21 Sec. 4.25.


  Sec. 8 . Consideration and Debate

                               In the House

      The hour rule for debate applies to House Calendar bills called up 
  in the House on Calendar Wednesday as on other days, and the Member in 
  charge of the bill may move the previous question at any time after 
  debate begins. 7 Cannon Sec. Sec. 955-957.

                         In Committee of the Whole

      The Calendar Wednesday rule allows not more than two hours of 
  general debate on any measure called up on Calendar Wednesday, to be 
  confined to the subject and to be equally divided between those 
  favoring and those opposing. Manual Sec. 900. This provision has been 
  construed as applying only in the Committee of the Whole. 7 Cannon 
  Sec. 955. The two hours permitted by the rule may be reduced by the 
  House by unanimous consent to one hour. 98-2, Jan. 25, 1984, pp 357, 
  358. However, time allotted for debate under the rule may not be 
  extended in the Committee of the Whole even by unanimous consent. 7 
  Cannon Sec. 959. When a bill previously debated is called up for the 
  first time on Calendar Wednesday, consideration may proceed in the 
  Committee of the Whole as if there had been no previous debate. 7 
  Cannon Sec. 954.
      In recognizing Members to control the time in opposition to the 
  bill, the Chair recognizes minority members of the committee reporting 
  the bill in the order of their seniority on the committee. Deschler Ch 
  21 Sec. 4.24. They are entitled to prior recognition to oppose it, but 
  if no member of the committee rises to oppose it, any Member may be 
  recognized in opposition. 7 Cannon Sec. Sec. 958, 959. The bill is 
  read for amendment at the conclusion of an hour in favor of the bill 
  if no one rises in opposition. 7 Cannon Sec. Sec. 960, 961.

                                Amendments

      In the Committee of the Whole, amendments may not be offered until 
  the close of the two hours of debate, and the bill is taken up under 
  the five-minute rule and read by section for amendment. 7 Cannon 
  Sec. 960. Committee

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  amendments are considered first as each section is reached. When the 
  reading of the bill under the five-minute rule has been completed, the 
  Committee rises and reports to the House. See Committees of the Whole.


  Sec. 9 . -- Use of Additional or Subsequent Wednesdays

      In its original form, the Calendar Wednesday rule was largely 
  ineffective. It permitted extended consideration of bills by a single 
  committee, to the exclusion of other committees. Sometimes Wednesdays 
  were monopolized by one committee for an entire session. This defect 
  was remedied by the adoption in 1916 of a proviso to the rule which 
  prohibited committees from occupying more than one Wednesday in 
  succession to the exclusion of other committees. 7 Cannon Sec. 881. 
  Today, a committee called under the Calendar Wednesday rule is not 
  entitled to a second Wednesday to complete its business on a bill 
  until the other committees have been called, unless the previous 
  question is operating at adjournment. 8 Cannon Sec. 2680. However, the 
  House may by two-thirds vote authorize completion on a subsequent 
  Wednesday of an unfinished bill. Manual Sec. 900; 7 Cannon Sec. 946; 8 
  Cannon Sec. 2680.
      The motion to grant a committee an additional Wednesday under the 
  second proviso of the Calendar Wednesday rule is in order in the House 
  prior to the Wednesday on which the committees are again called. 7 
  Cannon Sec. 946. The motion is not in order in the Committee of the 
  Whole. Manual Sec. 900.
      Any portion of a day is considered an entire day in the 
  apportionment of Calendar Wednesdays to committees. 7 Cannon Sec. 945.


  Sec. 10 . Unfinished Business; Effect of Previous Question

      Where the previous question has been ordered on a bill on Calendar 
  Wednesday, and the House adjourns, the bill becomes the unfinished 
  business on the next legislative day. 8 Cannon Sec. Sec. 895, 967; 
  Deschler Ch 21 Sec. Sec. 4.17, 4.28. Where a quorum fails on ordering 
  the previous question on a bill under consideration on a Calendar 
  Wednesday, and the House adjourns, the vote goes over until the next 
  Calendar Wednesday available to the committee reporting the bill. 
  Deschler Ch 21 Sec. 4.29.
      When the House adjourns on Tuesday without voting on a proposition 
  on which the previous question was ordered, the question occurs not on 
  Wednesday but on Thursday. 7 Cannon Sec. Sec. 890-894. In one 
  instance, a bill on which the previous question had been ordered at 
  adjournment on Wednesday was taken up as the unfinished business on 
  Thursday and took

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  precedence of a motion to go into the Committee of the Whole for the 
  consideration of a bill privileged by special order. 8 Cannon 
  Sec. 2674.
      It is not in order on a regular legislative day to move to 
  postpone consideration of a pending measure to a Calendar Wednesday. 8 
  Cannon Sec. 2614. A bill postponed from a Wednesday to a subsequent 
  Wednesday becomes unfinished business to be considered when the 
  committee calling it up is called again in its turn. 7 Cannon 
  Sec. 970.


  Sec. 11 . Dispensing with Calendar Wednesday

                                 Generally

      Calendar Wednesday business may be dispensed with by unanimous 
  consent, normally pursuant to a request made by the Majority Leader 
  during the previous week; but such a request may be entertained at any 
  time prior to the beginning of the call. Deschler Ch 21 
  Sec. Sec. 4.40-4.42.
      Calendar Wednesday business may also be dispensed with pursuant to 
  motion under rule XV clause 7. A Member may propose the motion to 
  dispense with Calendar Wednesday any time on Wednesday or any 
  preceding day. 7 Cannon Sec. Sec. 915, 916; Deschler Ch 21 
  Sec. Sec. 4.30, 4.31. For example, the motion may precede District of 
  Columbia business under rule XV clause 4. Deschler Ch 21 Sec. 4.33.
      Debate on the motion to dispense with Calendar Wednesday is 
  limited to 10 minutes, to be divided, five minutes in favor of the 
  motion and five minutes in opposition. Manual Sec. 900. In recognizing 
  a Member for the five minutes in opposition to the motion, the Speaker 
  extends preference to a member of the committee having the call. 
  Deschler Ch 21 Sec. 4.35.
      A two-thirds vote of the Members present is required for its 
  adoption. Manual Sec. 900. The motion to dispense may not be laid on 
  the table. Deschler Ch 21 Sec. 4.36. If there are no bills on the 
  calendar eligible for consideration under the Wednesday call of 
  committees, a motion to dispense with the business in order on that 
  day is not required. 7 Cannon Sec. Sec. 918-920.

                              By Special Rule

      A special rule that provides merely that a particular bill shall 
  be in order for consideration upon adoption of the special rule, or 
  from day-to-day until disposed of, does not dispense with Calendar 
  Wednesday. 7 Cannon Sec. Sec. 773, 789. Indeed, rule XIII clause 6(c) 
  specifically precludes the Committee on Rules from reporting a special 
  rule dispensing with Calendar Wednesday business by less than a two-
  thirds vote. Manual Sec. 857. However, the Committee on Rules may 
  report a special rule permitting the Speaker

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  to entertain motions to suspend the rules, which could ultimately lead 
  to the suspension of the Calendar Wednesday rule. 8 Cannon Sec. 2267.


[[Page 223]]

 
                           CHAPTER 9 - CALENDARS

                              HOUSE PRACTICE

  Sec. 1. In General; Kinds of Calendars
  Sec. 2. Referrals to Calendars
  Sec. 3. -- Erroneous Referrals
  Sec. 4. Discharge From Calendars
  Sec. 5. The Corrections Calendar
        Research References
          4 Hinds Sec. Sec. 3115-3118
          7 Cannon Sec. Sec. 881-1023
          Deschler Ch 22 Sec. Sec. 1, 2
          Manual Sec. Sec. 828-830, 892, 898

  Sec. 1 . In General; Kinds of Calendars

      Under rule XIII clause 1, the House maintains various calendars to 
  facilitate the scheduling and consideration of its legislative 
  business. These include:

     The House Calendar. This calendar receives referrals of public 
         bills that do not raise revenue or directly or indirectly make 
         or require an appropriation of money or property. Manual 
         Sec. 828.
     The Union Calendar. Measures belonging on the Union Calendar 
         are those on subjects which fall within the jurisdiction of the 
         Committee of the Whole. Deschler Ch 22 Sec. 2. Subjects which 
         must be considered in the Committee of the Whole are specified 
         in rule XVIII clause 3. Bills appropriating money or property 
         are referred to the Union Calendar. Manual Sec. Sec. 828, 973. 
         The same is true of bills authorizing an undertaking by a 
         governmental agency which will incur an expense to the 
         government, however small. 8 Cannon Sec. 2401.
     The Private Calendar (to which are referred bills of a private 
         character). See Private Calendar.
     The Corrections Calendar. Sec. 5, infra.
     The Discharge Calendar (to which are referred motions to 
         discharge committees). Manual Sec. Sec. 830, 892; see 
         Discharging Measures From Committees.

      These calendars--the Discharge Calendar excepted--consist 
  primarily of lists of measures on which committee action has been 
  completed and

[[Page 224]]

  which are ready for floor action. They are printed daily and appear in 
  Calendars of the United States House of Representatives.
      Calendar Wednesday and Suspension of the Rules are not legislative 
  calendars. Calendar Wednesday refers to the procedure for the call of 
  committees on Wednesday for the consideration of unprivileged bills on 
  the House and Union Calendars. See Calendar Wednesday. Suspension of 
  the Rules refers to the procedure under which the House considers 
  motions to suspend the rules on Monday and Tuesday. See Suspension of 
  Rules.


  Sec. 2 . Referrals to Calendars

                        Measures Reported Favorably

      Bills that are favorably reported from a committee are referred to 
  the appropriate calendar under the direction of the Speaker unless 
  referred to other committees under rule XII clause 2. Manual Sec. 816. 
  Public bills favorably reported are referred either to the Union 
  Calendar or to the House Calendar. Deschler Ch 22 Sec. 2. Bills 
  favorably reported and placed on either calendar may be placed on the 
  Corrections Calendar under the procedures prescribed in rule XV clause 
  6.
      The reference of a bill to a particular calendar is governed by 
  the text of the bill as referred to committee, and amendments reported 
  by a committee are not considered in making this determination. 8 
  Cannon Sec. 2392.

                       Measures Reported Unfavorably

      Bills and resolutions that are adversely reported from committee 
  are not referred to a calendar unless a request to that effect is made 
  by the committee or a Member. Deschler Ch 22 Sec. 1.1. Under rule XIII 
  clause 2(a)(2), Members have three days in which to request such a 
  referral. Manual Sec. 832. Such request is normally communicated by 
  the committee to the Clerk at the time of reporting, although it also 
  may be made by a Member from the floor. Absent such a request, an 
  adversely reported measure is laid on the table. Manual Sec. 832. 
  Thereafter, it may be taken from the table and placed on the calendar 
  only by unanimous consent. 6 Cannon Sec. 750.
      Privileged measures are excepted from the general rule that only 
  favorably reported bills are referred to a calendar. Adverse reports 
  on privileged resolutions (including resolutions of inquiry) are 
  automatically referred to the proper calendar by the Speaker. 6 Cannon 
  Sec. 411.

                       Measures Reported Improperly

      A bill that has been improperly reported from a committee is not 
  entitled to a place on the calendar, and should be recommitted. 4 
  Hinds Sec. 3117.

[[Page 225]]

  Sec. 3 . -- Erroneous Referrals

      A bill that is on the wrong calendar is subject to a point of 
  order when it is called up for consideration. Manual Sec. 828; 6 
  Cannon Sec. Sec. 746, 747. Such a point of order is untimely if made 
  after consideration of the measure has begun. 7 Cannon Sec. 856.
      The Speaker has general authority to correct an erroneous 
  reference by him of a reported bill to a calendar, and to transfer the 
  bill to the proper calendar. Manual Sec. 828; 7 Cannon Sec. 859. Thus, 
  a private bill erroneously referred to the Union Calendar may be 
  transferred to the Private Calendar by direction of the Speaker. 
  Manual Sec. 828. The transfer of the bill to the proper calendar may 
  be made effective as of the date of the original reference. Deschler 
  Ch 22 Sec. 1.2. The Speaker may correct such a reference at any time 
  before consideration of the bill begins and while the question of 
  consideration is pending. 6 Cannon Sec. 748. The authority of the 
  Speaker to correct a calendar reference does not apply where the 
  reference was made by the House itself. 6 Cannon Sec. 749.
      An error in the referral of a bill to a calendar may also be 
  corrected pursuant to motion. Such a motion presents a question of the 
  privileges of the House. 3 Hinds Sec. Sec. 2614, 2615. However, a mere 
  clerical error in the calendar, such as an incorrect date, does not 
  give rise to such a question. 3 Hinds Sec. 2616.


  Sec. 4 . Discharge From Calendars

      Although the Speaker has no specific authority under the House 
  rules to remove a reported bill from the Union Calendar, he may 
  discharge such a bill for reference to another committee pursuant to 
  his general responsibility under rule XII clause 2 to fashion 
  sequential referrals where appropriate. Manual Sec. 816. Section 
  401(b) of the Congressional Budget Act of 1974 and rule X clause 
  4(a)(2) give the Speaker discretionary authority to discharge a bill 
  from the Union Calendar and refer for 15 days to the Committee on 
  Appropriations bills reported by another committee providing certain 
  new entitlement authority. Manual Sec. Sec. 747, 1127.


  Sec. 5 . The Corrections Calendar

      Under rule XV clause 6, bills favorably reported from committee 
  and on the House or Union Calendar are also eligible for placement on 
  the Corrections Calendar. Placement on the calendar is by direction of 
  the Speaker in his discretion (after consultation with the Minority 
  Leader). The Speaker

[[Page 226]]

  may discharge a bill from the Corrections Calendar at any time. Manual 
  Sec. 898.
      Bills on the calendar may be called up for consideration in the 
  House on the second and fourth Tuesdays of each month at any time and 
  in any order. Manual Sec. 898. Such bills are debatable for one hour 
  but are not subject to amendment unless offered by the committee of 
  primary jurisdiction or its chairman or his designee. Bills called up 
  under this procedure require a three-fifths vote for passage. Manual 
  Sec. 898.


[[Page 227]]

 
                CHAPTER 10 - CHAMBER, ROOMS, AND GALLERIES

                              HOUSE PRACTICE

  Sec. 1. In General; Use of the Hall
  Sec. 2. Admission to the Floor
  Sec. 3. Electronic Devices; Signals, Bells, and Clocks
  Sec. 4. Galleries and Corridors
  Sec. 5. Photographs; Radio and Television Coverage
        Research References
          5 Hinds Sec. Sec. 7270-7311
          8 Cannon Sec. Sec. 3632, 3636-3643
          Deschler Ch 4; Deschler-Brown Ch 29 Sec. 85
          Manual Sec. Sec. 677-681, 684

  Sec. 1 . In General; Use of the Hall

      The Hall of the House and unappropriated rooms in the House (rooms 
  not specifically assigned by action of the House) are under the 
  general control of the Speaker. Rule I clause 3; Manual Sec. 623. 
  Control of the appropriated rooms in the House wing is exercised by 
  the House itself. 5 Hinds Sec. Sec. 7273-7279. Resolutions assigning a 
  room to a committee have been considered as privileged. 5 Hinds 
  Sec. 7273.
      Under rule IV clause 1, the Hall may be used only for (1) the 
  legislative business of the House; (2) caucus meetings of its Members, 
  including joint party caucuses; (3) ceremonies in which the House 
  votes to participate; and (4) classified briefings of Members, if 
  authorized by the Speaker, during recesses declared under rule I 
  clause 12. Manual Sec. Sec. 623, 677. In rare instances the House has 
  permitted the Hall to be used for ceremonial or special occasions. 8 
  Cannon Sec. 3632; Deschler Ch 4 Sec. Sec. 3.1, 3.4. However, a House 
  and Senate ceremony of religious reconciliation to be conducted in the 
  Hall of the House during a recess requires adoption by both Houses of 
  a concurrent resolution. See, e.g., 107-1, H. Con. Res. 184, Oct. 23, 
  2001, p ____ (never adopted by the Senate). Members may not entertain 
  guests in the Hall. Deschler Ch 4 Sec. 3.2.
      Disorderly or disruptive acts in the Capitol are unlawful, and 
  unauthorized demonstrations are prohibited by law. 40 USC 
  Sec. 193f(b)(4). The unauthorized presence of persons on the floor of 
  either House or in the gallery

[[Page 228]]

  of either House is prohibited. 40 USC Sec. 193f(b)(1), (2). Disorder 
  in the House, see Consideration and Debate.


  Sec. 2 . Admission to the Floor

                                 Generally

      Rule IV clause 2 enumerates those persons entitled to be admitted 
  to the floor or rooms leading thereto. Manual Sec. Sec. 678-681. Among 
  those who may be admitted to the Hall are Members and Members-elect of 
  Congress, the President and Vice President, Judges of the Supreme 
  Court, governors of States, heads of departments, foreign ministers, 
  contestants in election cases during the pendency of their cases on 
  the floor, one attorney for a Member-respondent during consideration 
  of a disciplinary resolution reported from the Committee on Standards 
  of Official Conduct, and other named officials. Manual Sec. 678. The 
  term ``heads of departments'' has been construed to mean members of 
  the President's Cabinet, and the term ``foreign ministers'' has been 
  construed to mean the representatives of foreign governments duly 
  accredited to the United States, and not necessarily those with the 
  title of ``minister'' in their own parliaments. 5 Hinds Sec. 7283. The 
  term ``contestants in election cases'' has been construed to include 
  challengers in an election contest, even though the challenger was not 
  a candidate in the election in which the sitting Member was reelected. 
  Deschler Ch 4 Sec. 4.5.
      It is not in order to refer to persons temporarily on the floor of 
  the House as guests of the House, such as Members' children, other 
  children, or Senators exercising floor privileges. Manual Sec. 678. 
  Although Senators have floor privileges, they are not entitled to 
  address the House. Deschler Ch 4 Sec. 4.8.
      The rule is strictly enforced during regular meetings. However, 
  the rule is less strictly enforced on ceremonial occasions (5 Hinds 
  Sec. 7290) or when the House is in recess during a joint meeting with 
  the Senate (Deschler Ch 4 Sec. 4). The Speaker sometimes announces 
  guidelines for enforcement during a recess. During a regular meeting, 
  a point of order will lie to object to the presence of any 
  unauthorized persons. 92-2, June 21, 1972, p 21704. Under rule IV 
  clause 1, motions or unanimous-consent requests to suspend the rule 
  may not be entertained by the Speaker or by the Chairman of the 
  Committee of the Whole. 5 Hinds Sec. 7285.
      The Speaker has the authority to exclude an individual who abuses 
  the privileges of the floor. 5 Hinds Sec. 7288. An alleged abuse of 
  the privilege of the floor may be made the subject of an inquiry by a 
  special committee. 5 Hinds Sec. 7287.

[[Page 229]]

                              Former Members

      A former Member must observe the rules of proper decorum while on 
  the floor, and the Chair may direct the Sergeant-at-Arms to assist the 
  Chair in maintaining such decorum. Manual Sec. 622. The question of 
  banning a former Member engaged in indecorous behavior on the floor 
  gives rise to a question of privileges of the House. Manual Sec. 680. 
  A former Member may not manifest approval or disapproval of the 
  proceedings. 8 Cannon Sec.  3635. For more information on floor 
  privileges of former Members, see Manual Sec. 680.
      Although former Members, officers, and certain former employees 
  have access to the floor under rule IV clause 2, such an individual is 
  not entitled to the privileges of the floor, or rooms leading thereto, 
  if he (1) has a direct personal or pecuniary interest in legislation 
  under consideration in the House or reported by any committee or (2) 
  represents any party or organization for the purpose of influencing 
  the disposition of legislation pending before the House or reported by 
  a committee or under consideration in a committee. Manual Sec. 680. 
  For regulations issued by the Speaker under this rule, see 95-1, Jan. 
  6, 1977, p 321; 95-2, June 7, 1978, p 16625; 103-2, June 9, 1994, p 
  12387; 104-1, May 24, 1995, p 14300; 104-2, Aug. 1, 1996, p 21031.

                          Staff; Committee Clerks

      Rule IV clause 2(a)(7) permits on the floor staff of a committee 
  when business from their committee is under consideration and no more 
  than one person from the staff of a Member when that Member has an 
  amendment under consideration. This rule has been interpreted by the 
  Speaker to allow the presence on the floor of four professional staff 
  members and one clerk from a committee during consideration of that 
  committee's business and to require that such individuals remain 
  unobtrusively by the committee tables. Manual Sec. 678. Rule IV clause 
  2(a)(7) also permits on the floor staff of the respective party 
  leaderships when so assigned with the approval of the Speaker. The 
  privileges of the floor do not extend to departmental employees 
  assisting committees in the preparation of bills. 6 Cannon Sec. 579. 
  Where several committees are involved with a pending measure, the rule 
  permits authorized majority and minority staff (up to five persons) 
  from each committee. 97-1, June 26, 1981, p 14574. Floor clerks other 
  than those employed by a committee involved in the bill under 
  consideration are not entitled to the floor. Deschler Ch 4 Sec. 4. The 
  Speaker has announced his intention to strictly enforce the rule to 
  prevent a proliferation of staff on the floor and has required 
  committee staff to display staff badges when on the floor. Manual 
  Sec. 678. Under rule IV clause 5, and regulations promulgated by the

[[Page 230]]

  Speaker thereunder, staff on the floor are not permitted to pass out 
  literature or otherwise attempt to influence Members in their votes or 
  to applaud during debate. Manual Sec. 681.

                              Secret Sessions

      Before a secret session of the House commences, the Speaker may 
  direct that the Chamber be cleared of all persons except Members and 
  those officers and employees, specified by the Speaker, whose 
  attendance on the floor is essential to the functioning of the 
  session. Rule XVII clause 9; Manual Sec. 969; Deschler-Brown Ch 29 
  Sec. 85. A point of order will not lie against the presence in the 
  Chamber of those persons whose attendance on the floor is permitted by 
  the Speaker's directive. Deschler-Brown Ch 29 Sec. 85.15; see 
  Consideration and Debate. Secret classified briefings of Members may 
  be permitted during recesses of the House declared by the Speaker 
  under rule I clause 12. Under rule XXIII clause 13, a Member, officer, 
  or employee must execute an oath of secrecy before having access to 
  classified material. Manual Sec. 1095.


  Sec. 3 . Electronic Devices; Signals, Bells, and Clocks

      Various electronic devices and computer services are used by the 
  House to expedite quorum calls and votes and for other purposes. 
  Manual Sec. Sec. 1012-1016. For example, a legislative bell and light 
  system alerts Members to quorum calls, the taking of certain votes, 
  and other occurrences on the floor. Manual Sec. Sec. 1014, 1016. 
  Changes in the system are announced by the Speaker from time to time. 
  The failure of the signal bells to announce a vote does not warrant 
  repetition of the record vote, nor does such a failure permit a Member 
  to be recorded following the conclusion of the call. Manual Sec. 1016; 
  8 Cannon Sec. Sec. 3153, 3155, 3157; see also Voting.
      The use of a wireless telephone or personal computer on the floor 
  of the House is prohibited under rule XVII clause 5, and the Chair has 
  admonished Members to disable wireless telephones on entering the 
  Chamber. The Chair has also announced that the use of wireless 
  telephones is not permitted in the gallery. Manual Sec. 962.
      Microphones have been placed on the floor of the House for the use 
  of Members. A Member making an appropriate request should use one of 
  the floor microphones so that all Members may hear the request. 94-1, 
  Oct. 28, 1975, p 34027. A Member may speak at any microphone on the 
  floor. Manual Sec. 364. Rule I clause 2 directs the Speaker to 
  preserve order and decorum in the House, and he is authorized to order 
  the microphones turned off if they are being utilized by a Member who 
  has not been properly recognized and who is disorderly. Deschler-Brown 
  Ch 29 Sec. 11.19.

[[Page 231]]

      Where there is a discrepancy in the time shown on the clocks in 
  the House Chamber, the Chair relies on the clock on the north wall in 
  deciding when time has expired. Deschler-Brown Ch 28 Sec. 74.2.


  Sec. 4 . Galleries and Corridors

      Under rule I clause 3, control over the corridors leading to the 
  House Chamber is vested in the Speaker. Manual Sec. Sec. 622, 623. The 
  Speaker may order the corridors cleared during quorum calls and the 
  taking of votes to ensure unimpeded access to the Chamber. Manual 
  Sec. 623. Under rule I clause 2, the Speaker preserves order and 
  decorum in the galleries, and in the event of a disturbance, he may 
  order the galleries cleared. Manual Sec. 622. The Chairman of the 
  Committee of the Whole may exercise similar power in preserving order 
  in the galleries. Manual Sec. 970.
      Guests in the House gallery must maintain order and refrain from 
  manifestations of approval or disapproval of proceedings on the floor, 
  and admonitions may be expressed either by the Speaker or by the 
  Chairman of the Committee of the Whole. Deschler Ch 4 Sec. 5.6. Under 
  rule XVII clause 7, it also is out of order to refer to visitors in 
  the galleries, even with permission to proceed out of order; and the 
  Speaker, on his own initiative, may declare such remarks to be out of 
  order. Deschler Ch 4 Sec. Sec. 5.3, 5.4.


  Sec. 5 . Photographs; Radio and Television Coverage

                                Photographs

      Under the practice of the House, permission must be obtained 
  before photographs may be taken inside the House Chamber. Rules 
  regarding the taking of such pictures may be enforced by the Speaker. 
  Deschler Ch 4 Sec. 3.5 (note). Official photographs of the House while 
  in session may be permitted by resolution. See, e.g., 107-2, June 5, 
  2002, p ____.

                    Media Coverage of Floor Proceedings

      Prior to the 95th Congress, the rules and precedents of the House 
  did not permit public radio and television broadcasts of House 
  proceedings. In 1977, the House adopted a privileged resolution 
  reported from the Committee on Rules to provide a system of closed-
  circuit viewing of House proceedings and for the orderly development 
  of a broadcasting system. Under rule V, the Speaker directs the audio 
  and visual broadcasting and recording of the proceedings of the House, 
  including periods of voting. Under this rule, broadcasts are made over 
  closed-circuit television in House offices and have been made 
  available to the news media and to cable television systems.

[[Page 232]]

   Broadcasts made available under the rule may not be used for 
  political or commercial purposes. Manual Sec. 684.
      In 1984, a question arose as to the authority of the Speaker to 
  require wide-angle television coverage of the House Chamber during 
  special-order speeches. In that instance, the Speaker's directive that 
  television cameras covering special-order speeches of the House at the 
  completion of legislative business include periodic wide-angle 
  coverage of the entire House Chamber was held to be consistent with 
  the authority conferred upon the Speaker under rule V. Manual 
  Sec. 684. Beginning in the 103d Congress, the Speaker has followed a 
  policy under which television cameras would not ``pan'' the Chamber 
  during morning hour or special-order speeches. However, the Speaker 
  directed that a caption run at the bottom of the screen to show that 
  legislative business has been completed for the day. Manual Sec. 684.
      Although rule V clause 2 requires complete and unedited broadcast 
  coverage of the proceedings of the House, it does not require in-House 
  microphone amplification of disorderly conduct by a Member following 
  expiration of his recognition for debate. Deschler-Brown Ch 29 
  Sec. 11.19.


[[Page 233]]

 
                         CHAPTER 11 - COMMITTEES

                              HOUSE PRACTICE

              A. Generally; Establishing Committees

  Sec.  1.  The Committee System; Standing, Select, and Joint Committees
  Sec.  2.  Establishing Committees
  Sec.  3.  Committee Expenses; Funding

              B. Chairmen, Members, and Staff; Elections and 
                 Appointments

  Sec.  4.  In General; Membership and Seniority
  Sec.  5.  Numerical Composition of Committees; Party Ratios
  Sec.  6.  The Chairman's Role
  Sec.  7.  Committee Employees and Staff

              C. Committee Functions; Jurisdiction and Authority

  Sec.  8.  Legislative Jurisdiction
  Sec.  9.  Oversight Jurisdiction
  Sec. 10.  Investigative Jurisdiction and Authority
  Sec. 11.  Standing Committees
  Sec. 12.  Select Committees
  Sec. 13.  -- Particular Uses of Select Committees
  Sec. 14.  Joint Committees

              D. Procedure in Committees

  Sec. 15.  Committee Rules; Applicable House Rules
  Sec. 16.  Records, Files, and Transcripts; Disclosure and Disposition; 
  Member Access
  Sec. 17.  Meetings
  Sec. 18.  -- Consideration and Debate; Voting
  Sec. 19.  Hearings
  Sec. 20.  Hearings and Meetings as Open or Closed
  Sec. 21.  Quorum Requirements
  Sec. 22.  -- In Ordering a Report to the House
  Sec. 23.  --  -- Points of Order
  Sec. 24.  Witnesses

[[Page 234]]

  Sec. 25.  -- Rights or Privileges of Witnesses
  Sec. 26.  -- Proceedings Against Recalcitrant Witnesses
  Sec. 27.  Media Coverage of Hearings and Meetings

              E. Committee Reports

  Sec. 28.  In General
  Sec. 29.  Form and Contents of Report
  Sec. 30.  Comparative Prints; The Ramseyer Rule
  Sec. 31.  Printing; Referral to Calendars
  Sec. 32.  Supplemental, Minority, and Additional Views
  Sec. 33.  Filing Reports
  Sec. 34.  Calling Up; Time to Report
  Sec. 35.  Availability (``Layover'') Requirements
  Sec. 36.  Points of Order Relating to Reports
        Research References
          4 Hinds Sec. Sec. 4019-4703
          7 Cannon Sec. Sec. 1721-2317
          Deschler Ch 17
          Manual Sec. Sec. 714-814, 816, 831-863

                   A. Generally; Establishing Committees


  Sec. 1 . The Committee System; Standing, Select, and Joint Committees

                          The Role of Committees

      The committees of the House play a prominent role at every stage 
  of the legislative process. As a general rule, proposed legislative 
  measures are referred to committees before receiving consideration in 
  the House itself. Manual Sec. 446. A committee may report a measure 
  with or without amendments (which may rewrite the measure entirely), 
  report adversely, or fail to report the measure at all. For a 
  discussion of discharge procedures, see Discharging Measures From 
  Committees.
      The role of the committee does not terminate with the reporting of 
  the bill to the House. When a bill reaches the floor, members of the 
  committee reporting it are entitled to prior recognition for the 
  purpose of offering amendments, and general debate is generally under 
  the control of the chair

[[Page 235]]

  man and ranking minority member. See Consideration and Debate and 
  Amendments. Finally, members of the reporting committees are often 
  appointed by the Speaker to serve on the conference committee to 
  resolve differences between competing forms of the bill. See 
  Conferences Between the Houses.
      The committee system is as old as the House itself, having been 
  patterned after the English House of Commons, the colonial assemblies, 
  and the Continental Congress. Although during its first quarter 
  century the House relied primarily upon select committees and the 
  Committee of the Whole, the first standing committee dates from 1789.

           Standing, Select, and Joint Committees Distinguished

      House committees are of three distinct types: (1) standing 
  committees, whose members are elected by the House, (2) select 
  committees [also called special committees], whose members are 
  appointed by the Speaker, and (3) joint committees, whose members are 
  chosen according to the provisions of the statute or resolution 
  creating them. Variations of these three categories are discussed in 
  later sections.
      Standing committees (created in the standing rules) receive bills 
  and other measures within their jurisdiction upon referral from the 
  Speaker. See Introduction and Reference of Bills. Select committees 
  are established (usually outside the standing rules) to consider a 
  particular matter or subject and may or may not have legislative 
  jurisdiction. A select committee often expires when when it issues its 
  final report on the matter for which it was created. 4 Hinds 
  Sec. Sec. 4403-4405; see Sec. 12, infra. Joint committees take up 
  matters of concern to both Houses. See Sec. 14, infra.

                   Committee of the Whole Distinguished

      The Committee of the Whole has been described as a committee of 
  the House, although it is not a committee in the customary sense. 4 
  Hinds Sec. 4706. The Committee of the Whole, unlike regular 
  committees, does not have a fixed membership. All Members of the House 
  may attend and participate in its deliberations under special rules 
  designed to encourage wide-ranging debate and to expedite legislation. 
  The Committee of the Whole itself has no power to authorize or appoint 
  a committee. 4 Hinds Sec. 4710. Because of its unique role in the 
  procedures of the House, the Committee of the Whole is addressed in a 
  separate chapter of this work. See Committees of the Whole.

[[Page 236]]

                    Conference Committees Distinguished

      Conference committees are used primarily to resolve differences 
  between the House and Senate on measures that have passed the two 
  Houses and also are addressed in a separate chapter. See Conferences 
  Between the Houses.

                               Subcommittees

      Standing committees may establish subcommittees to study 
  legislation, hold hearings, and make reports to the full committee. 
  With certain exceptions, rule X clause 5(d) precludes a committee from 
  establishing more than five subcommittees. In addition to the 
  exceptions found in the rule itself, the House has occasionally made 
  further exceptions to that stricture. See, e.g., 107-1, H. Res. 5, 
  Jan. 3, 2001, p ____; 108-1, H. Res. 5, Jan. 7, 2003, p ____. Clause 
  5(d) was adopted in the 104th Congress to replace a requirement that 
  all standing committees having more than 20 members establish at least 
  four subcommittees. Manual Sec. 762; see Sec. 11, infra.
      Subcommittees have no power to report directly to the House, 
  absent specific authority to do so and are subject to the control of 
  the full committee. Manual Sec. 787. Other subunits of committees, 
  such as ``task forces,'' have no formal recognition or authority under 
  the standing rules of the House unless formally established by the 
  House. See, e.g., 102-2, H. Res. 258, Feb. 5, 1992, p 1621.

                                Commissions

      Commissions are analogous to select committees in that they are 
  established to study a particular problem; but a commission is 
  distinguishable from a select committee in that its membership may 
  include private citizens, Members of the House and Senate, and 
  representatives from other branches of government. See, e.g., 94-2, H. 
  Res. 1368, July 1, 1976, p 21795 (creating the Commission on 
  Administrative Review); 6 USC Sec. 101 note (creating the National 
  Commission on Terrorist Attacks Upon the United States).

                          Duration of Committees

      The committees of the House remain in existence only during the 
  two-year term of a Congress which created them. The standing 
  committees of the House are usually reconstituted by a new Congress 
  after the standing rules or resolutions specifically creating new 
  committees are adopted. Deschler Ch 17 Sec. 1.2 (note).
      Select committees expire with the term of the Congress in which 
  they were created or at such earlier date as may be specified in the 
  resolution

[[Page 237]]

  creating them. Deschler Ch 17 Sec. Sec. 1, 5.5. Unless permanently 
  established, a select committee ceases to exist when it finally 
  reports in full on the subject committed to it but may be revived by 
  action of the House in referring a new matter to it. 4 Hinds 
  Sec. Sec. 4403-4405. A select committee that expires in one Congress 
  may be reconstituted in the next. Deschler Ch 17 Sec. 5.5. In one 
  instance, a select committee was reconstituted (and its existence 
  extended through subsequent resolution) solely for the purpose of 
  completing activities directly associated with the declassification 
  and public release of its report. Manual Sec. 1112a.
      Joint committees established by statute remain in existence beyond 
  the Congress in which they were created unless otherwise provided, 
  although the members thereof must be chosen anew in each Congress. 
  Deschler Ch 17 Sec. 1.


  Sec. 2 . Establishing Committees

                            Standing Committees

      Standing committees are ordinarily established with the adoption 
  of the standing rules on opening day for a Congress. They also may be 
  subsequently established by a simple resolution reported from the 
  Committee on Rules, usually by way of amendment to the House rules. 
  Deschler Ch 17 Sec. Sec. 2.1-2.3. For a discussion of adoption of 
  rules of a new Congress, see Assembly of Congress.
      A resolution reported by the Committee on Rules during a Congress 
  establishing a new committee, changing the name or authority of a 
  committee, or abolishing a committee and transferring its jurisdiction 
  and records to another committee is called up as privileged and is 
  debatable under the hour rule in the House. Deschler Ch 17 
  Sec. Sec. 2.1, 2.4-2.6.

                             Select Committees

      Select committees are normally established by a resolution 
  reported from the Committee on Rules. Deschler Ch 17 Sec. Sec. 5.3, 
  5.5. However, in one instance, a select committee was created pursuant 
  to a floor amendment (offered to the Committee Reform Amendments of 
  1974). 93-2, H. Res. 988, Oct. 8, 1974, p 34470. In another instance, 
  a select committee was created as a separate order included in a 
  resolution adopting the standing rules of the House. 108-1, H. Res. 5, 
  Jan. 7, 2003, p ____. The House also has adopted a privileged 
  resolution reported from the Committee on Rules establishing a new 
  select subcommittee of a standing committee. 104-2, H. Res. 416, May 
  8, 1996, p 10484. For a list of current select committees, see Manual 
  Sec. 1112a.

[[Page 238]]

      A resolution creating a select committee may specify the 
  jurisdiction and powers of the committee and may place it under the 
  authority of a standing committee. Deschler Ch 17 Sec. Sec. 5.2, 5.3; 
  Sec. 12, infra.
      A resolution creating a select committee is reported and called up 
  as privileged, because the Committee on Rules may report at any time 
  on rules, and the creation of such a committee is the equivalent of a 
  new rule. Manual Sec. 853; Deschler Ch 17 Sec. 5.1. If such a 
  resolution is not reported by the Committee on Rules, it is not 
  privileged, and unanimous consent or a special order reported by the 
  Committee on Rules is necessary to permit its consideration. 95-1, 
  Jan. 4, 1977, p 72. The Committee on Rules itself may not report such 
  a resolution as privileged if it contains provisions outside the 
  jurisdiction of the committee. Deschler Ch 17 Sec. 1.1 (note). 
  However, if such a resolution is referred to another committee for 
  consideration of a provision that also is privileged, both committees 
  may report the resolution as privileged. See, e.g., 102-1, H. Res. 
  258, Nov. 19, 1991, p 32903 (resolution contained a provision funding 
  the select committee from the ``applicable accounts of the House'').

                         Special Ad Hoc Committees

      Under the earlier practice of the House, special committees to 
  consider a particular matter could be established by way of a motion 
  or other proposition to refer. 4 Hinds Sec. Sec. 4401, 4402; 5 Hinds 
  Sec. Sec. 6633, 6634. Thus, the House could refer a message of the 
  President to a special committee to be appointed by the Speaker. At 
  the same time the House could instruct the committee and specify the 
  number of members to be appointed. 5 Hinds Sec. 6633. It was held in 
  this regard that the House need not refer to a special committee 
  already in existence but could refer to one to be subsequently 
  appointed. 5 Hinds Sec. 6634. An ad hoc select committee may be 
  established by a resolution called up as a question of privileges of 
  the House. 102-2, H. Res. 431, Apr. 9, 1992, p 9029 (resolution laid 
  on the table).
      Special ad hoc committees may be established pursuant to rule XII 
  clause 2(c). Under this rule, the Speaker has authority to refer a 
  matter to a special ad hoc committee appointed by him to consider that 
  matter and report thereon to the House. The appointment must be made 
  with the approval of the House and include members of the committees 
  having legislative jurisdiction. Pursuant to this authority, the 
  Speaker may, with the approval of the House, appoint a special ad hoc 
  committee to consider a particular measure, or a particular bill and 
  similar subsequent bills. A resolution authorizing the Speaker to take 
  such action is privileged when offered from the floor at the Speaker's 
  request. Manual Sec. 816.

[[Page 239]]

                             Joint Committees

      Joint committees are created by law or by concurrent resolution. 
  Manual Sec. Sec. 1108-1112; Deschler Ch 17 Sec. 7; see Sec. 14, infra. 
  A joint committee may be created and vested with jurisdiction as one 
  part of a comprehensive bill or as the sole purpose of a joint 
  resolution. 6 Cannon Sec. 371; Deschler Ch 17 Sec. Sec. 7.4, 7.5. A 
  joint committee created by concurrent resolution must expire (unless 
  reconstituted) with the Congress in which it was created. 4 Hinds 
  Sec. 4409.
      A concurrent resolution establishing a joint committee, if 
  reported by the Committee on Rules, is called up as privileged by that 
  committee. Deschler Ch 17 Sec. 7.1. However, such a resolution may not 
  be reported as privileged if it contains an authorization for 
  appropriations. Deschler Ch 17 Sec. 7.5. Debate on the resolution is 
  under the hour rule. Deschler Ch 17 Sec. 7.1.

                                Commissions

      Commissions are ordinarily created by statute. See, e.g., the 
  Abraham Lincoln Bicentennial Commission (36 USC Sec. 101 (note)). They 
  may also be created by House resolution. See, e.g., the Commission on 
  Administrative Review, 94-2, H. Res. 1368, July 1, 1976, p 21795.


  Sec. 3 . Committee Expenses; Funding

      Authorization for the payment of committee expenses for a 
  particular Congress is obtained pursuant to ``one primary expense 
  resolution'' for each committee (the Appropriations Committee 
  excepted). Rule X clause 6. The request for such authorization is made 
  to the Committee on House Administration, which has jurisdiction over 
  such expenditures. Rule X clause 1(i). The primary expense resolution 
  is reported to the House by the committee, with an accompanying report 
  containing information as to the anticipated activities of the 
  committee in question. See, e.g., 106-1, H. Res. 101, H. Rept. 106-72, 
  Mar. 23, 1999.
      Authorization for the payment of additional committee expenses not 
  covered by the primary expense resolution may be obtained pursuant to 
  one or more ``supplemental expense resolutions.'' Rule X clause 6(b).
      The primary and supplemental expense resolutions, which provide 
  funds under rule X clause 6 for a single committee, are subject to a 
  one-calendar-day layover requirement. A supplemental expense 
  resolution that is not reported by the Committee on House 
  Administration may be considered by unanimous consent (subject to the 
  Speaker's guidelines for recognition of unanimous-consent requests). 
  107-2, H. Res. 359, Mar. 7, 2002, p ____.

[[Page 240]]

      Funds for the Committee on Appropriations are appropriated by the 
  annual appropriation bill for the legislative branch.


        B. Chairmen, Members, and Staff; Elections and Appointments


  Sec. 4 . In General; Membership and Seniority

               Standing and Select Committees Distinguished

      Until 1911, the members and the chairmen of the standing and 
  select committees of the House were generally appointed by the 
  Speaker, although in rare instances a committee chose its own 
  chairman. See 4 Hinds Sec. 4524. Since 1911, standing committee 
  chairmen and members have been elected by the House as part of a 
  three-step procedure. First, with certain exceptions, a selection 
  committee--sometimes called a committee on committees or a steering 
  committee--of each party caucus recommends candidates for committee 
  assignments. Second, the party caucus approves the recommendations of 
  the selection committee. Third, the House approves the recommendations 
  of the caucuses, which are brought before the House as privileged 
  resolutions. Rule X clause 5(a)(1); Manual Sec. Sec. 317, 757; 4 Hinds 
  Sec. 4513; 8 Cannon Sec. 2201. The rules of the Democratic Caucus and 
  the Republic Conference prescribe different nomination procedures for 
  the selection of Members to the Committees on Rules and House 
  Administration (the Speaker or the Minority Leader recommends those 
  committee assignments directly to their respective party caucus, 
  bypassing the selection committee). See, e.g., rules 14 and 15, Rules 
  of the Democratic Caucus, 107th Cong. Rule X clause 5(a)(2) dictates 
  the composition of the Committee on the Budget, which is reflected in 
  the party caucus rules relating to the nominations for that committee. 
  See e.g., rule 12, Rules of the Republican Conference, 108th Cong. 
  Furthermore, the Speaker has retained the authority, under rule I 
  clause 11, to appoint Members to select committees. Manual Sec. 637.

                             Electing Chairman

      Pursuant to nominations submitted by the majority party caucus, 
  one member of each standing committee is elected as its chairman at 
  the commencement of each Congress. Manual Sec. 761. Beginning with the 
  104th Congress, a Member's service as chairman of the same committee 
  is limited to three consecutive Congresses. The same limitation 
  applies to a subcommittee chairman. Rule X clause 5(c). Nominations 
  for chairmen are submitted to the House for its approval in the 
  election resolution. Deschler Ch

[[Page 241]]

  17 Sec. 8.1. Such a resolution is normally called up as privileged by 
  the chairman of the majority party caucus, often as part of a 
  resolution electing all majority members to those committees. Deschler 
  Ch 17 Sec. 8.7 (note). For an example of a resolution electing only 
  committee chairman, and one electing only ranking minority members, 
  see 108-1, H. Res. 22 and H. Res. 24, Jan. 8, 2003, p ____, p ____.
      In the event of a permanent vacancy in the chairmanship, the House 
  elects a successor pursuant to privileged resolution. Manual Sec. 761. 
  This procedure is followed when a vacancy is created on a standing 
  committee by the death of its chairman or after a chairman has 
  resigned. Deschler Ch 17 Sec. Sec. 8.3, 8.5, 8.6. In the temporary 
  absence of the chairman, the member next in rank as named in the 
  resolution electing the committee acts as chairman. Manual Sec. 761.
      Where the chairman is disabled and unable to carry out the 
  responsibilities of the Chair, the House may, in the election 
  resolution, provide for a delegation of powers and duties to an acting 
  chairman until further ordered by the House. Manual Sec. 761. 
  Similarly, the resolution electing minority members to a committee may 
  devolve the role of ranking minority member to the next-senior 
  minority member of a standing committee (where the ranking minority 
  member remained absent due to physical infirmity). 105-2, H. Res. 369, 
  Feb. 25, 1998, p ____.

                            Election of Members

      Resolutions electing Members to standing committees have 
  traditionally been offered from the floor and called up as privileged 
  at the direction of the party organization. 8 Cannon Sec. Sec. 2171, 
  2179, 2182. Each party's resolution, if adopted, elects en bloc those 
  Members from that particular party to the various standing committees. 
  Deschler Ch 17 Sec. 9.1. Such a resolution is not divisible under rule 
  XVI clause 5(b)(2). Manual Sec. 919. However, it is debatable and 
  subject to amendment until such time as the previous question is 
  ordered. 8 Cannon Sec. Sec. 2172, 2174.
      Under rule X clause 5(b)(1), service on a standing committee is 
  contingent upon continuing membership in the nominating party caucus. 
  Such service automatically ceases upon termination of caucus 
  membership. Manual Sec. 960.
      No Member may serve simultaneously as a member of more than two 
  standing committees or four subcommittees unless approved by the House 
  on recommendation of the caucus. Rule X clause 5(b)(2).

[[Page 242]]

                                 Seniority

      Committee seniority is shown by the order in which the Members' 
  names are listed in the election resolution. Deschler Ch 17 Sec. 11.1. 
  A resolution electing a Member to a committee may include the 
  designation of his rank on the committee (Deschler Ch 17 Sec. 9.6) and 
  may be made effective retroactively (Deschler Ch 17 Sec. 9.16). A 
  resolution may also alter the rank among sitting committee members. 
  See, e.g., 107-1, H. Res. 85, Mar. 8, 2001, p ____.


  Sec. 5 . Numerical Composition of Committees; Party Ratios

                              Committee Size

      Rule X clause 5(a)(3) limits the size of only one standing 
  committee of the House, the Committee on Standards of Official 
  Conduct, which is set at five majority and five minority members. 
  Manual Sec. 759. The sizes of other committees of the House are 
  negotiated by the Majority and Minority Leaders at the direction of 
  their respective party organizations. Deschler Ch 17 Sec. 9. The size 
  of each committee is ultimately determined by the number of Members 
  elected to each committee pursuant to rule X clause 5(a). Manual 
  Sec. 757.

                               Party Ratios

      The allocation of majority party and minority party representation 
  on committees is normally determined through negotiations between the 
  majority and minority leadership. Historically, the party ratios on 
  most standing committees have tended to reflect the relative 
  membership of the two parties in the House as a whole. Deschler Ch 17 
  Sec. 9.4. Sometimes, however, the membership of a committee is equally 
  divided between the majority and minority parties where bipartisan 
  deliberations are considered essential. See, e.g., rule X clause 
  5(a)(3), requiring the members of the Committee on Standards of 
  Official Conduct to be five from the majority party and five from the 
  minority party.
      Disproportionate party ratios on committees may also be traced to 
  the rules of the party caucus. Deschler Ch 3 Sec. 9. Moreover, some 
  House committees, such as the Committee on Rules, have traditionally 
  reflected disproportionate ratios in favor of the majority party. See, 
  e.g., 8 Cannon Sec. 2184.

[[Page 243]]

  Sec. 6 . The Chairman's Role

      The powers and duties of the full committee chairmen are derived 
  from custom and from the rules of the House. The chairman of a 
  committee:

     Presides over committee meetings. Manual Sec. 317.
     Administers oaths to witnesses in hearings in the committee or 
         delegates that authority. Manual Sec. 805; 2 USC Sec. 191. In 
         one instance, the chairman of an investigating committee 
         administered the oath to himself and testified. 3 Hinds 
         Sec. 1821.
     May punish breaches of order and decorum by censure and 
         exclusion from hearings. Manual Sec. 803.
     Authorizes and issues subpoenas when the power to do so has 
         been delegated to him by the committee. Manual Sec. 805.
     Fixes, within certain guidelines, the salaries of staff. 
         Manual Sec. 777.
     Submits reports of his committee to the House, even though he 
         may not have concurred therein. Rule XIII clause 2(b)(1); 4 
         Hinds Sec. Sec. 4670, 4671. However, a committee may order its 
         report to be made by some other member or even by a member of 
         the minority party. 4 Hinds Sec. Sec. 4669, 4672, 4673.
     Submits privileged reports to the House from the floor. Manual 
         Sec. 418.
     Manages bills of his committee in the House under his 
         responsibility to take steps necessary to bring the measure or 
         matter to a vote. Such managerial status entitles him at all 
         stages to prior recognition for allowable motions intended to 
         expedite it. Manual Sec. 834; 2 Hinds Sec. Sec. 1452, 1457; 6 
         Cannon Sec. Sec. 296, 300.
     Receives priority in recognition when Senate amendments to the 
         bill are debated. 2 Hinds Sec. 1452.


  Sec. 7 . Committee Employees and Staff

      The employment of committee staff is governed by rule X clause 9 
  (Manual Sec. Sec. 771-781) and by statute (see, e.g., 5 USC 
  Sec. Sec. 5315, 5316, setting permissible rates of staff pay).
      The House rules place a limit on the number of professional staff 
  members which may be appointed to a standing committee (the Committee 
  on Appropriations excepted) and on the number of professional staff 
  members which may be selected by the minority. Manual Sec. Sec. 771-
  774. The Appropriations Committee is subject to a separate rule 
  permitting the appointment, in addition to a clerk and assistants for 
  the minority, of such staff as are determined by majority vote to be 
  necessary. Rule X clause 9(d).

[[Page 244]]

            C. Committee Functions; Jurisdiction and Authority


  Sec. 8 . Legislative Jurisdiction

                   Generally; Referrals and Rereferrals

      The legislative jurisdiction of each standing committee is 
  specified and defined by rule X. Manual Sec. Sec. 714-741. Areas of 
  legislative interest have been divided under rule X into distinct 
  subject matter classifications, with jurisdiction over each being 
  allocated to a standing committee. The Speaker refers bills and other 
  matters to committees pursuant to the jurisdiction of each committee 
  as defined by rule X, taking into account any relevant precedents. 
  Under rule XII clause 2, the Speaker is required to refer a measure to 
  more than one committee where it involves subject matter assigned to 
  different committees. Manual Sec. 816. Under rule XII clause 2(c)(1), 
  the Speaker is required to indicate a primary committee of 
  jurisdiction (except where he determines that extraordinary 
  circumstances justify review by more than one committee as though 
  primary). Additional committees of initial referral are listed after 
  the primary committee. The Speaker imposes time limits on the 
  additional committees once the primary committee reports. Rule XII 
  clause 2(c); Manual Sec. 816. Under rule XII clause 2, the Speaker 
  also may refer a measure sequentially to a committee upon reporting by 
  the committees of initial referral. The Speaker imposes time limits on 
  all sequential referrals. For a discussion of referrals generally, see 
  Bills and Resolutions.
      Rule X requires the Speaker to refer public measures in accordance 
  with its terms and gives some discretion to Members in referring 
  private bills. Manual Sec. Sec. 714, 818. However, the House itself 
  may refer bills to any committee without regard to the rules of 
  jurisdiction, and jurisdiction is thereby conferred. 4 Hinds 
  Sec. Sec. 4362-4364, 4375; 5 Hinds Sec. 5527; 7 Cannon Sec. Sec. 2105, 
  2131.
      The committees, because they are created by the House, exercise no 
  authority or jurisdiction beyond that specifically conferred by the 
  rules or by special authorization of the House itself. 7 Cannon 
  Sec. 780. However, the House may confer jurisdiction on a committee by 
  the adoption of a special order from the Committee on Rules. 7 Cannon 
  Sec. 780. A bill may be originated by a committee which has been given 
  jurisdiction to do so by order

[[Page 245]]

  or rule of the House. 4 Hinds Sec. 3365. Jurisdictional authority, in 
  addition to that specified in rule X, may be vested in a committee 
  pursuant to:

     A resolution enlarging the jurisdiction of a committee or 
         authorizing it to study and report on a particular matter. 
         Manual Sec. 731; 3 Hinds Sec. 1753.
     A change in the rules of the House by adoption of a resolution 
         from the Committee on Rules. 91-2, July 8, 1970, p 32136.
     A motion to rerefer or recommit.

      The erroneous reference of a public bill, if it remains 
  uncorrected, gives the committee authority to report that measure. 4 
  Hinds Sec. Sec. 4365-4371; 7 Cannon Sec. 2108. However, such is not 
  the case with respect to a private bill unless the reference is made 
  by action of the House itself. 4 Hinds Sec. Sec. 3364, 4382-4391; 7 
  Cannon Sec. 2131.

                            Informal Agreements

      Questions relating to the jurisdiction over a subject by two or 
  more committees are sometimes resolved pursuant to an informal 
  agreement or memorandum of understanding between the committees 
  involved. See, e.g., 96-2, Mar. 25, 1980, pp 6405, 6406, 6408-10 
  (memorandum of understanding among six different committees on energy 
  measures);104-1, Jan. 4, 1995 (memorandum of understanding between two 
  committees concerning the budget process); 104-1, Jan. 30, 1995, p 
  2888 (memorandum of understanding between two committees concerning 
  jurisdiction over the merchant marine resulting from the dissolution 
  of the Committee on Merchant Marine and Fisheries); 107-1, Jan. 30, 
  2001 (memorandum of understanding between two committees concerning 
  jurisdiction over securities). Although these memoranda may explain 
  understandings, they may not alter explicit jurisdictional statements 
  in the rules. Committee reports often contain an exchange of letters 
  between committee chairmen waiving a committee's claim to review a 
  particular bill, with the understanding that this surrender of 
  jurisdiction over the matter is not permanent. See, e.g., 106-2, H. 
  Rept. 106-616.

                   Points of Order; Erroneous Referrals

      The Speaker's referral of a bill is not subject to a point of 
  order. Manual Sec. 825; 4 Hinds Sec. 4372; Deschler Ch 17 
  Sec. Sec. 26, 27.9. Under rule XII clause 7(a), a motion to correct an 
  erroneous reference is privileged if authorized either by the 
  committee to which the bill had been erroneously referred or by the 
  committee claiming jurisdiction. The motion is not debatable. Under 
  the modern practice, however, erroneous referrals are corrected by 
  unanimous consent. The Speaker may also sequentially refer a measure

[[Page 246]]

  (upon reporting by the committee of initial referral) to a committee 
  that was erroneously excluded from the initial referral.
      A point of order against specific language of a bill or an 
  amendment on the ground that its subject is within the jurisdiction of 
  another committee is sustainable in committee, if timely raised, based 
  on the Speaker's standard multiple referral of measures, which is as 
  follows: ``in each case for consideration of such provisions as fall 
  within the jurisdiction of the committee concerned.'' The point of 
  order against a portion of the bill is timely during a committee 
  markup if that portion of the bill is read for amendment. The Speaker 
  may decline to speculate as to what committee will have jurisdiction 
  over a particular bill until it has been examined. Deschler Ch 17 
  Sec. 27.2.


  Sec. 9 . Oversight Jurisdiction

                                 Generally

      The oversight function of the House arises from its duty to 
  exercise continuous vigilance over the administration and execution of 
  the laws by the departments and agencies of the Federal government. 
  Legislative oversight as a continuing function was given to all 
  standing committees by the Legislative Reorganization Act of 1946, 
  which provided that each standing committee ``shall exercise 
  continuous watchfulness'' over administrative agencies, and by the 
  Legislative Reorganization Act of 1970, which required periodic 
  reports by committees on their oversight activities. Rule X clause 2 
  requires the House standing committees to exercise general oversight. 
  Manual Sec. Sec. 742, 743.

                General and Special Oversight Distinguished

      The House rules impose both general and special oversight 
  responsibilities on its standing committees. General legislative 
  oversight is performed by all standing committees, although special 
  oversight functions, under rule X clause 3, are given to certain 
  standing committees. Manual Sec. Sec. 742, 744. Additional budget and 
  other oversight-related functions are delineated in rule X clause 4. 
  Manual Sec. Sec. 745-756.


  Sec. 10 . Investigative Jurisdiction and Authority

                            Standing Committees

      Under rule XI clause 1(b), each standing committee is authorized 
  to conduct such investigations as it considers necessary or 
  appropriate in carrying out the jurisdictional responsibilities given 
  to it under rule X. Manual Sec. 788. To carry out its duties, each 
  committee and each subcommittee is authorized by rule XI clause 2(m) 
  to hold hearings and to subpoena witnesses

[[Page 247]]

  or compel the production of documents. Manual Sec. 805. As to the 
  issuance and enforcement of subpoenas, see Sec. 24, infra.

                        Select or Joint Committees

      Lacking general investigative authority, a select or joint 
  committee must be given specific authority to undertake an 
  investigation. Such authority may be given pursuant to:

     A statute conferring investigative powers. See, e.g., 26 USC 
         Sec. 8022 (conferring investigative duties on the Joint 
         Committee on Internal Revenue Taxation).
     A concurrent resolution. See, e.g., 102-2, H. Con. Res. 192, 
         Aug. 6, 1992, p 21961 (establishing the Joint Committee on the 
         Organization of Congress).
     A standing rule of the House. See, e.g., rule X clause 11 
         (establishing the Permanent Select Committee on Intelligence).
     A simple resolution. See, e.g., 105-2, H. Res. 463, June 18, 
         1998, p ____, (establishing the Select Committee on U.S. 
         National Security and Military/Commercial Concerns with China).

                            Scope; Limitations

      The investigative power that is exercised by the House through its 
  committees is inherent in the power to make laws. Watkins v. United 
  States, 354 U.S. 178 (1957). In so ruling, courts have reasoned, ``A 
  legislative body cannot legislate wisely or effectively in the absence 
  of information respecting the conditions which the legislation is 
  intended to affect or change.'' McGrain v. Daugherty, 273 U.S. 135 
  (1927); Eastland v. United States Servicemen's Fund, 421 U.S. 491 
  (1975).
      This investigative power encompasses inquiries concerning the 
  administration of existing laws and the need for proposed legislation. 
  It extends to studies of social, economic, or political problems, and 
  probes departmental corruption, inefficiency, or waste at the Federal 
  level. Watkins, 354 U.S. 178. Although broad, this power of 
  investigation is not unlimited. It may be exercised only in aid of the 
  ``legislative function.'' Kilbourn v. Thompson, 103 U.S. 168 (1881). 
  It is said that Congress has no general power to inquire into private 
  affairs and that the subject of inquiry must be one ``on which 
  legislation could be had.'' McGrain, 273 U.S. 135.
      Since 1952, the courts have declined to presume the existence of a 
  legislative purpose and have narrowly construed resolutions granting 
  authority to committees to conduct investigations. United States v. 
  Rumely, 345 U.S. 41 (1952). The investigative power cannot be used to 
  expose merely for the sake of exposure or to inquire into matters 
  which are within the exclusive

[[Page 248]]

  province of one of the other branches of government or which are 
  reserved to the States. Deschler Ch 15 Sec. 1.
      A further requirement for the validity of a committee 
  investigation is that it must have been expressly or implicitly 
  authorized in accordance with congressional procedures. Deschler Ch 15 
  Sec. 1. Thus, the courts have refused to convict a witness for 
  contempt arising out of a subcommittee investigation where that 
  investigation had not been approved by a majority of the parent 
  committee, as was required by the committee rule. Gojack v. United 
  States, 384 U.S. 702 (1966).
      The courts will not look to the motives which may have prompted a 
  congressional investigation. Watkins, 354 U.S. 178. The courts also 
  will not question the wisdom of the investigation or its methodology. 
  Doe v. McMillan, 412 U.S. 306 (1973). The very nature of the 
  investigative function is such that it may take the searchers up some 
  ``blind alleys'' and into nonproductive enterprises. The validity of a 
  legislative inquiry is not contingent on a predictable end result. 
  Eastland, 421 U.S. 491.

                    Obstructing Committee Investigation

      A Federal statute provides criminal penalties for those who 
  corruptly influence, obstruct, or impede ``due and proper'' 
  congressional inquiry. 18 USC Sec. 1505. Indictments under Sec. 1505 
  have been upheld despite contentions that the committee violated its 
  own rules and those of the House. United States v. Poindexter, 725 F. 
  Supp. 13 (D.D.C. 1989); United States v. Mitchell, 877 F.2d 204 (4th 
  Cir. 1989).


  Sec. 11 . Standing Committees

      Standing committees were not used extensively during the earliest 
  Congresses. It was the general practice of the House to refer matters 
  to a Committee of the Whole to develop the primary objectives of a 
  proposal, and then to commit such matters to select committees to 
  draft specific bills.
      At the start of the 19th century, standing committees began to 
  proliferate. By mid-century the House had 34 standing committees, and 
  by 1900 it had 58. Subsequent additions raised the number of standing 
  committees to 61 by 1905. However, in the 1920's the House 
  consolidated numerous committees and again vested in the Committee on 
  Appropriations jurisdiction over all general appropriation bills. 7 
  Cannon Sec. 1741. Further reductions in the number of committees in 
  the House were made by the Legislative Reorganization Act of 1946 (60 
  Stat. 812). By dropping relatively inactive committees and by merging 
  those with similar functions and jurisdiction, the Act reduced the 
  total number of standing committees in the House from 44 to 19.

[[Page 249]]

      In 1995 the House again reorganized its committee system, 
  reestablishing the number at 19 by abolishing three committees and 
  altering the jurisdiction of several others. 104-1, H. Res. 6, Jan. 4, 
  1995, p 462. Under rule X clause 5(d), a standing committee may have 
  no more than five subcommittees. However, clause 5(d) excepts from 
  that stricture (1) a committee that maintains a subcommittee on 
  oversight, which may have six subcommittees; (2) the Committee on 
  Appropriations, which may have 13 subcommittees; and (3) the Committee 
  on Government Reform, which may have seven subcommittees. Manual 
  Sec. 762. The House has occasionally excepted other committees from 
  that stricture. See, e.g., 107-1, H. Res. 5, Jan. 3, 2001, p ____; 
  108-1, H. Res. 5, Jan. 7, 2003, p ____.
      The standing committees of the House, with their antecedent 
  committees, are shown in the following table. This table provides 
  citations to relevant statutes or precedents and to the authority for 
  legislative jurisdiction and/or oversight functions, where applicable.
        

                    Standing Committees (108th Cong.)
            Jurisdiction, Oversight Function, and Antecedents
------------------------------------------------------------------------
Standing Committees (108th Cong.)          Antecedent Committees
------------------------------------------------------------------------
Agriculture
  Established 1820; 4 Hinds Sec.
   4149
  Legislative jurisdiction,
   Manual Sec.  715
  Oversight functions, Manual
   Sec. Sec.  742, 743, 755, 756
 
Appropriations
  Established 1865; 4 Hinds Sec.   Ways and Means (in part), 1802
   4032
  Legislative jurisdiction,
   Manual Sec.  716
  Oversight and additional
   functions, Manual Sec. Sec.
   744-747, 755, 756
 
Armed Services
  Established 1947; 60 Stat. 812   Military Affairs, 1822
  Legislative jurisdiction,        Naval Affairs, 1822
   Manual Sec.  718                Militia, 1835
  Oversight and additional         Atomic Energy (Joint Committee), 1946
   functions, Manual Sec. Sec.
   742-744, 755, 756
  Formerly known as ``National
   Security'' 1995, Manual Sec.
   718
 
Budget
  Established 1974; 88 Stat. 299

[[Page 250]]

 
  Legislative jurisdiction,
   Manual Sec.  719
  Oversight functions, Manual
   Sec. Sec.  742-744, 748, 756
 
Education and the Workforce
  Established 1947; 60 Stat. 812   Education, 1867
  Legislative jurisdiction,        Labor, 1883
   Manual Sec.  720
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Education
   and Labor'' 1947, ``Economic
   and Educational
   Opportunities'' 1995, Manual
   Sec.  720
 
Energy and Commerce
  Established 1795; 4 Hinds Sec.   Commerce and Manufacturers, 1795
   4096
  Legislative jurisdiction,        Coinage, Weights and Measures, 1867
   Manual Sec.  721
  Oversight functions, Manual      Atomic Energy (Joint Committee), 1946
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Interstate
   and Foreign Commerce'' 1892,
   ``Commerce and Health'' 1975,
   ``Interstate and Foreign
   Commerce'' 1975, ``Energy and
   Commerce'' 1980, ``Commerce''
   1995, Manual Sec.  721
 
Financial Services
  Established 1865; 4 Hinds Sec.
   4082
  Legislative jurisdiction,
   Manual Sec.  722
  Oversight and additional
   functions, Manual Sec. Sec.
   742, 755, 756
  Formerly known as ``Banking and  .....................................
   Currency'' 1865, ``Coinage,
   Weights and Measures'' 1867,
   ``Banking, Currency and
   Housing'' 1974, ``Banking,
   Finance and Urban Affairs''
   1977, ``Banking and Financial
   Services'' 1995, Manual Sec.
   722
 
Government Reform
  Established 1927; 7 Cannon Sec.  District of Columbia, 1808
    2041
  Legislative jurisdiction,        Public Expenditures, 1814
   Manual Sec.  723

[[Page 251]]

 
  Oversight and additional         State, Treasury, War, Navy, and Post
   functions, Manual Sec. Sec.      Office, 1816
   742-744, 749, 755, 756
  Formerly known as                Justice, 1874
   ``Expenditures in the           Agriculture, 1889
   Executive Departments'' 1927,   Commerce and Labor, 1905
   ``Government Operations''       Post Office and Civil Service, 1947
   1952, ``Government Reform and
   Oversight'' 1995, Manual Sec.
   723
 
House Administration
  Established 1947; 60 Stat. 812   Enrolled Bills, 1789
  Legislative jurisdiction,        Elections, 1794, 1895
   Manual Sec. Sec.  724-728       Accounts, 1805
  Oversight and additional         Mileage, 1837
   functions, Manual Sec. Sec.     Printing, 1846
   742, 743, 750-756               Disposition of Executive Papers, 1889
  Formerly known as ``House        Ventilation and Acoustics, 1893
   Oversight'' 1995, Manual Sec.   Memorials, 1929
   724
 
International Relations
  Established 1822; 4 Hinds Sec.   Atomic Energy (Joint Committee), 1946
   4162
  Legislative jurisdiction,
   Manual Sec.  729
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Foreign
   Affairs'' 1822,
   ``International Relations''
   1975, ``Foreign Affairs''
   1979, Manual Sec.  729
 
Judiciary
  Established 1813; 4 Hinds Sec.   Claims, 1794
   4054
  Continued, 1947, 60 Stat. 812    Patents, 1837
  Legislative jurisdiction,        Revision of the Laws, 1868
   Manual Sec. Sec.  730, 731      War Claims, 1883
  Oversight functions, Manual      Immigration and Naturalization, 1893
   Sec. Sec.  742, 743, 755, 756   Internal Security, 1969
 
Resources
  Established 1805; 4 Hinds Sec.   Private Land Claims, 1816
   4194
  Legislative jurisdiction,        Indian Affairs, 1821
   Manual Sec.  732

[[Page 252]]

 
  Oversight functions, Manual      Territories, 1825
   Sec. Sec.  742-744, 755, 756    Mines and Mining, 1865
  Formerly known as ``Public       Merchant Marine and Fisheries (in
   Lands'' 1805, ``Insular          part), 1887
   Affairs'' 1899, ``Interior and  Irrigation of Arid Lands, 1893
   Insular Affairs'' 1951,         Atomic Energy (Joint Committee), 1946
   ``Natural Resources'' 1993,
   Manual Sec.  732
 
Rules
  Established 1880; 4 Hinds Sec.   Rules (Select Committee), 1789
   4321
  Mandated by law, 1947, 60 Stat.
   812
  Legislative jurisdiction,
   Manual Sec. Sec.  733, 734
  Oversight functions, Manual
   Sec. Sec.  742-744, 756
 
Science
  Established 1958; 85-2, H. Res.  Merchant Marine and Fisheries (in
   496                              part), 1887
  Legislative jurisdiction,        Atomic Energy (Joint Committee), 1946
   Manual Sec.  735                Astronautics and Space Exploration
  Oversight functions, Manual       (Select Committee), 1958
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Science and
   Astronautics'' 1958, ``Science
   and Technology'' 1975,
   ``Science, Space, and
   Technology'' 1987, Manual Sec.
    735
 
Small Business
  Established 1975; 93-2, H. Res.  Small Business (Select Committee),
   988                              1941
  Legislative jurisdiction,
   Manual Sec.  736
  Oversight functions, Manual      Small Business (Permanent Select
   Sec. Sec.  742-744, 755, 756     Committee), 1971
 
Standards of Official Conduct
  Established 1967; 90-2, H. Res.  Standards and Conduct (Select
   418                              Committee), 1966
  Legislative jurisdiction,        Ethics (Select Committee), 1977
   Manual Sec. Sec.  736, 737
  Oversight functions, Manual
   Sec.  742
 
Transportation and Infrastructure
  Established 1947; 60 Stat. 812   Public Buildings and Grounds, 1837
  Legislative jurisdiction,        Mississippi Levies, 1875
   Manual Sec.  739

[[Page 253]]

 
  Oversight functions, Manual      Rivers and Harbors, 1883
   Sec. Sec.  742, 743, 755, 756   Merchant Marine and Fisheries (in
  Formerly known as ``Public        part), 1887
   Works and Transportation''      Roads, 1913
   1975, Manual Sec.  739          Flood Control, 1916
 
Veterans' Affairs
  Established 1947; 60 Stat. 812   Pensions and Revolutionary Claims,
  Legislative jurisdiction,          1813
   Manual Sec.  740
  Oversight functions, Manual      Revolutionary Pensions, 1825
   Sec. Sec.  742, 743, 755, 756   Invalid Pensions, 1831
                                   World War Veterans' Legislation, 1924
 
Ways and Means
  Established 1802; 4 Hinds Sec.   Ways and Means (Select Committee),
   4020                             1789
  Legislative jurisdiction,
   Manual Sec.  741
  Oversight functions, Manual
   Sec. Sec.  742, 743, 755, 756
------------------------------------------------------------------------

  Sec. 12 . Select Committees

      Select (or special) committees were used extensively by the House 
  during the early Congresses. In the Jeffersonian era, it was common 
  practice to refer each proposal to a select committee created to draft 
  the appropriate legislative language for the measure. Manual Sec. 401. 
  By the Third Congress, 350 select committees had been named. However, 
  as standing committees came to be recognized as the most appropriate 
  forum for the development of legislation, the use of select committees 
  declined steadily. By the 23d Congress, the number of select 
  committees had been reduced to 35. By the 106th Congress, only the 
  Permanent Select Committee on Intelligence remained. Rule X clause 11; 
  Manual Sec. 1112a. A select committee identified as permanent is 
  reconstituted in each Congress upon adoption of the rules of the 
  House.
      In the modern era, select committees are created primarily to 
  investigate conditions or events. As pointed out elsewhere, all 
  committee investigations must be undertaken in furtherance of a 
  constitutionally assigned function of Congress. Deschler Ch 15 Sec. 1; 
  see Sec. 10, supra.

[[Page 254]]

      Select committees have also been created to study and report on 
  matters with a view toward legislative action. Most select committees 
  of this type lacked authority to report legislation. Instead, they 
  were directed to assess the adequacy of existing laws and, if 
  necessary, to make legislative recommendations. However, several 
  select committees have been empowered to report legislation directly 
  to the House. Deschler Ch 17 Sec. 6. For example, the Select Committee 
  on Homeland Security was required to report to the House its 
  recommendations on a bill establishing a Department of Homeland 
  Security. In making its recommendation, the select committee was 
  required to take into consideration recommendations by each committee 
  to which such bill was initially referred. 107-2, H. Res. 449, June 
  19, 2002, p ____. In the 108th Congress, the House established a 
  successor to the Select Committee on Homeland Security, granting it 
  jurisdiction over matters relating to the Homeland Security Act of 
  2002 (the law enacted on the recommendation of the predecessor select 
  committee). For further discussion on the establishment of select 
  committees, see Guidelines for the Establishment of Select Committees, 
  Committee on Rules, 98-1, February, 1983.
      Finally, select committees have been created to supervise certain 
  routine housekeeping functions; for example, the Select Committee on 
  the House Beauty Shop (95-1, H. Res. 1000), the Select Committee on 
  the House Recording Studio (Pub. L. No. 84-624), the Select Committee 
  on the House Restaurant (95-1, H. Res. 472), and the Select Committee 
  to Regulate Parking on the House Side of the Capitol (95-1, H. Res. 
  282).


  Sec. 13 . -- Particular Uses of Select Committees

      The House has established more than 20 select committees since 
  passage of the Legislative Reorganization Act of 1946. The table below 
  identifies some of these committees for purposes of illustration. The 
  table shows these committees by name (or paraphrase thereof), dates of 
  creation and termination, and authority, including legislative 
  authority. With the two exceptions noted--Campaign Expenditures and 
  Small Business--the table excludes those committees existing before 
  1947 which were subsequently reconstituted.
        

[[Page 255]]



                            Select Committees
------------------------------------------------------------------------
                       Jurisdiction--Investigative          Reporting
    Committee                   Authority                   Authority
------------------------------------------------------------------------
Aging
  Established      Problems of the older American;      To report
   Jan. 3, 1975;    income maintenance, housing, and     annually to the
   93-2, H. Res.    health; welfare programs             House; no
   988                                                   legislative
  Terminated Jan.                                        authority
   5, 1993,
   Manual Sec.
   784
 
Astronautics and
 Space
 Exploration
  Established      All aspects and problems relating    To report to the
   Mar. 25, 1958;   to the exploration of outer space;   House, by bill
   85-2, H. Res.    resources, personnel, equipment,     or otherwise
   496              and facilities; legislation
  Terminated July
   21, 1958;
   became
   standing
   Committee on
   Science and
   Astronautics
 
Assassinations
  Established      Circumstances surrounding the death  To report to the
   Sept. 17,        of John F. Kennedy and the death     House on the
   1976; 94-2, H.   of Martin Luther King, Jr.           result of its
   Res. 1540                                             investigation
  Terminated Jan.                                        (see H. Rept.
   3, 1979                                               95-1828); no
                                                         legislative
                                                         authority
 
Campaign
 Expenditures
  Established May  Election disputes; electoral fraud;  Reporting
   29, 1928; 70-    excessive campaign expenditures of   authority
   1, H. Res. 232   Presidential or congressional        varied from
  Reestablished     candidates                           Congress to
   by each                                               Congress
   Congress
   through 92-2
 
Chemicals,
 Pesticides, and
 Insecticides
 Affecting Foods
  Established      Chemicals, compounds, and            To report to the
   June 20, 1950;   synthetics in the production of      House on its
   81-2, H. Res.    food products; health factors; the   investigation
   323              agricultural economy; toxic          with
  Terminated Jan.   residues; effect on soil and         recommendations
   3, 1953          vegetation                           for legislation
                                                         (see H. Rept.
                                                         82-2182); no
                                                         legislative
                                                         authority
 

[[Page 256]]

 
Children, Youth
 and Families
  Established      Income maintenance; health;          To report to the
   Sept. 29,        nutrition; education; welfare;       House on the
   1982, 97-2, H.   employment                           results of its
   Res. 421                                              investigations;
  Reestablished                                          no legislative
   by each                                               authority
   Congress
   through 102-2.
 
 
Committees
  Established      Rules X and XI of the rules of the   To report to the
   Jan. 31, 1973;   House; committee structure; number   House by bill,
   93-1, H. Res.    and size of committees;              resolution, or
   132              jurisdiction; committee procedure;   otherwise (see
  Terminated Dec.   meetings, staffing, and facilities   H. Rept. 96-
   20, 1974;                                             866)
   reestablished
   1979; 96-1, H.
   Res. 118;
   records
   transferred to
   Committee on
   Rules, Apr. 1,
   1980
 
Communist
 Aggression
  Established      Seizure of Latvia and Estonia by     To report to the
   July 27, 1953;   the U.S.S.R.; treatment of the       House on its
   83-1, H. Res.    Baltic peoples during this period    study together
   346                                                   with
  Terminated Dec.                                        recommendations
   31, 1954                                              (see H. Rept.
                                                         83-2650); no
                                                         legislative
                                                         authority
 
Congressional
 Operations
  Established      Organization and operation of the    To report
   Mar. 28, 1977;   U.S. Congress; cooperation between   recommendations
   95-1, H. Res.    the Houses; relationship with        on subjects
   420              other branches of government         specified (see
  Terminated Jan.                                        H. Rept. 95-
   3, 1979                                               1843); no
                                                         legislative
                                                         authority
 
Congressional
 Pages
  Established      General welfare and education of     To report on the
   Sept. 30,        congressional pages                  results of its
   1964; 88-2, H.                                        investigations
   Res. 847                                              (see H. Rept.
  Terminated Jan.                                        88-1945); to
   4, 1965                                               make
                                                         recommendations
 

[[Page 257]]

 
Covert Arms
 Transactions
 with Iran
  Established      Investigation of the ``Iran-Contra   To report on the
   Jan. 7, 1984;    affair''; met jointly with Senate    results of its
   100-1, H. Res.   Select Committee                     investigations
   12                                                    (see H. Rept.
  Terminated Nov.                                        100-433)
   13, 1987
 
Crime
  Established May  All aspects of crime in the United   To report on its
   1, 1969; 91-1,   States; its elements, causes, and    investigation
   H. Res. 17       extent; reciprocity of               with
  Terminated June   information; urban crime             recommendations
   30, 1973                                              (see H. Rept.
                                                         93-358); no
                                                         legislative
                                                         authority
 
Energy
  Established      Message of the President dated Apr.  To report to the
   Apr. 21, 1977;   20, 1977, and other communications   House by bill
   95-1, H. Res.    relating thereto; bills or           or otherwise
   508              resolutions sequentially referred    (see H. Rept.
  Terminated Jan.   thereto                              95-543)
   3, 1979;
   jurisdiction
   transferred to
   Energy and
   Commerce, 97th
   Cong.
 
Ethics -
 Standards and
 Conduct of
 Members
  Established      Rules or regulations necessary or    To make
   Oct. 19, 1966;   desirable to ensure proper           recommendations
   89-2, H. Res.    standards of conduct by Members      to the House by
   1013             and by officers or employees of      report or
  Terminated Dec.   the House; reporting of statutory    resolution
   27, 1966;        violations
   standing
   Committee on
   Standards of
   Official
   Conduct
   created Apr.
   13, 1967
 
Ethics
  Established      Certain bills and resolutions        To report to the
   Mar. 9, 1977;    relating to ethical standards of     House on the
   95-1, H. Res.    Members contained in standing        measure
   383              rules; regulations relating          specified (see
  Terminated Jan.   thereto; advisory opinions           H. Rept. 95-
   3, 1979                                               1837); to
                                                         report
                                                         regulations; to
                                                         recommend
                                                         legislation
 

[[Page 258]]

 
Ethics
  Established      Continue investigation of a Member   To resolve the
   Jan. 7, 1997;    by the Committee on Standards of     inquiry and
   105-1, H. Res.   Official Conduct, begun in the       report to the
   5                prior Congress                       House (see H.
  Terminated Jan.                                        Rept. 105-1; H.
   21, 1997                                              Res. 31)
 
Export Controls
  Established      The Export Control Act of 1949;      To report on its
   Sept. 7, 1961;   assessment of accomplishments        investigation
   87-1, H. Res.    under that Act; improvements in      together with
   403              administration and enforcement;      any
  Terminated May    congressional oversight              recommendations
   31, 1962                                              (see H. Rept.
                                                         87-1753); no
                                                         legislative
                                                         authority
 
Foreign Aid
  Established      Basic needs of foreign nations and   To report to the
   July 22, 1947;   peoples; relief in terms of food     House as deemed
   80-1, H. Res.    and clothing; resources and          appropriate; no
   296              facilities; agencies                 legislative
  Terminated May                                         authority
   3, 1948
 
Government
 Research
  Established      Research programs of Federal         To report its
   Sept. 11,        agencies; expenditures for           findings to the
   1963; 88-1, H.   research programs; costs of          House with
   Res. 504         government research                  recommended
  Terminated Jan.                                        legislation
   3, 1965                                               (see H. Rept.
                                                         88-1143)
 
Homeland Security
  Established      Develop recommendations on such      To report its
   June 19, 2002;   matters that relate to the           recommendation
   107-2, H. Res.   establishment of a department of     to the House on
   449              homeland security as may be          a bill
  Terminated        referred to it by the Speaker and    establishing a
   after final      on recommendations submitted to it   department of
   disposition of   by standing committees to which      homeland
   specified bill   the Speaker referred a bill          security (see
   (Nov. 25,        establishing such department         H. Rept. 107-
   2002)                                                 609)
 

[[Page 259]]

 
Homeland Security
  Established      Develop recommendations on such      To report its
   Jan. 7, 2003;    matters that relate to the           recommendations
   108-1, H. Res.   Homeland Security Act of 2002 as     to the House by
   5                may be referred to it by the         bill or
                    Speaker; to conduct oversight of     otherwise on
                    laws, programs, and Government       matters
                    activities relating to homeland      referred to it
                    security; to conduct a study of      by the Speaker;
                    the operation and implementation     to report its
                    of the rules of the House,           recommendations
                    including rule X, with respect to    on changes to
                    homeland security                    House rules to
                                                         the Committee
                                                         on Rules
 
Hunger
  Established      International programs; world food   To conduct
   Feb. 22, 1984;   security; malnutrition; food         studies and
   98-2, H. Res.    production and distribution;         make
   15               agribusiness role                    recommendations
  Reestablished                                          about possible
   each Congress                                         legislation
   through 102-2
 
Intelligence
  Established      Proposals concerning the             To report to the
   Feb. 19, 1975;   intelligence and intelligence-       House on the
   94-1, H. Res.    related programs and activities of   nature and
   138              the U.S. Government; oversight;      extent of
  Terminated Feb.   proposed legislation and other       intelligence
   11, 1976;        matters relating to the CIA          activities of
   became                                                U.S.
   permanent                                             departments and
   select                                                agencies by
   committee,                                            legislation or
   July 14, 1977,                                        otherwise (see
   H. Res. 658                                           H. Rept. 94-
   (rule X clause                                        833)
   11; Manual
   Sec.  785)
 
Katyn Forest
 Massacre
  Established      The massacre of thousands of Polish  To report to the
   Sept. 18,        officers in the Katyn Forest in      House on
   1951; 82-1, H.   territory then under the control     completion of
   Res. 390         of the U.S.S.R.                      its hearings
  Terminated Dec.                                        (see H. Rept.
   22, 1952                                              82-2505); no
                                                         legislative
                                                         authority
 

[[Page 260]]

 
Lobbying
 Activities
  Established      Lobbying activities intended to      To submit
   Aug. 12, 1949;   influence legislation; activities    reports on the
   81-1, H. Res.    of Federal agencies intended to      results of its
   298              influence legislation                study (see H.
  Terminated end                                         Rept. 81-3239);
   of the 81st                                           no legislative
   Cong.                                                 authority
 
Narcotics Abuse
 and Control
  Established      International traffic in narcotics;  To report to the
   July 29, 1976;   prevention; enforcement; organized   House on its
   94-2, H. Res.    crime; drug abuse; treatment;        investigations;
   1350             rehabilitation                       no legislative
  Reestablished                                          authority
   each Congress
   through 102-2
 
Newsprint
  Established      Need for adequate supplies of        To submit
   Feb. 26, 1947;   newsprint and related products;      reports with
   80-1, H. Res.    production possibilities and         recommendations
   58               prospects                            (see H. Rept.
  Terminated Dec.                                        80-2471); no
   31, 1948                                              legislative
                                                         authority
 
Offensive and
 Undesirable
 Literature
  Established May  The extent to which books,           To report to the
   12, 1952; 82-    magazines, and comic books contain   House with
   2, H. Res. 596   immoral, obscene, or otherwise       recommendations
  Terminated Dec.   offensive matter; availability       , including
   31, 1952         through the U.S. mails; adequacy     recommendations
                    of existing laws                     for legislation
                                                         (see H. Rept.
                                                         82-2510); no
                                                         legislative
                                                         authority
 
Outer Continental
 Shelf
  Established      A bill relating to the management    To report the
   Apr. 12, 1975;   of oil and natural gas in the        bill and other
   94-1, H. Res.    Outer Continental Shelf; marine      legislation
   412              and coastal environments; certain    referred to it;
  Terminated Jan.   related matters on this subject on   transmit its
   3, 1979;         referral to it by the Speaker        findings and
   succeeded by                                          make a full
   another select                                        report to the
   committee on                                          House (see H.
   the same                                              Rept. 96-1214)
   subject (96-1,
   H. Res. 53),
   which
   terminated
   July 31, 1980
 

[[Page 261]]

 
Population
  Established      Causes of changing population        To report on the
   Sept. 28,        conditions; population               results of its
   1977; 95-1, H.   characteristics relative to          investigation
   Res. 70          limited resources; population        (see H. Rept.
  Terminated end    planning; global population-         95-1842); no
   of the 95th      related issues                       legislative
   Cong.                                                 authority
 
Professional
 Sports
  Established May  Need for legislation with respect    To report to the
   18, 1976; 94-    to professional sports               House on the
   2, H. Res.                                            results of its
   1186                                                  inquiry (see H.
  Terminated Jan.                                        Rept. 94-1786);
   3, 1977                                               no legislative
                                                         authority
 
Right of Member
 To Be Sworn In
  Established      The right of Adam Clayton Powell     To report to the
   Jan. 10, 1967;   (N.Y.) to be sworn in in the 90th    House within
   90-1, H. Res.    Congress and to a seat therein       five weeks (see
   1                                                     H. Rept. 90-
  Terminated Feb.                                        27); no
   23, 1967                                              legislative
                                                         authority
 
Small Business
  Established      Assistance to small business; small  Reported to the
   Dec. 4, 1941;    business protection; financial       House on
   77-1, H. Res.    aid; small business participation    results of its
   294              in Federal procurement               investigations;
  Reestablished                                          no legislative
   each Congress                                         authority
   until 1970;                                           before becoming
   became a                                              a standing
   standing                                              committee
   committee
   1975; 94-1, H.
   Res. 988; rule
   X clause 1;
   Manual Sec.
   736
 
Survivors'
 Benefits
  Established      Benefits provided under Federal law  To prepare such
   Aug. 4, 1954;    for dependents of deceased members   legislation; to
   83-2, H. Res.    and former members of the armed      report on the
   549              forces                               results of its
  Terminated Jan.                                        investigation
   15, 1956                                              (see H. Rept.
                                                         83-9282)
 

[[Page 262]]

 
Tax-exempt
 Foundations and
 Organizations
  Established      Educational and philanthropic        To report to the
   Apr. 4, 1952;    foundations and related              House on the
   82-2, H. Res.    organizations exempt from Federal    results of its
   561              income taxation; use of              investigation
  Terminated Dec.   foundations                          (see H. Rept.
   16, 1954                                              82-2681); no
                                                         legislative
                                                         authority
 
Transactions on
 Commodity
 Exchanges
  Established      Purchases and sales of commodities;  To report to the
   Dec. 18, 1947;   commodities for future delivery;     House on
   80-1, H. Res.    activities of Federal agencies and   completion of
   404              individuals therein as affecting     its
  Terminated Dec.   the price of commodities             investigation
   31, 1948                                              (see H. Rept.
                                                         80-2472); no
                                                         legislative
                                                         authority
 
U.S. Military
 Involvement in
 Southeast Asia
  Established      All aspects of U.S. military         To report on its
   June 8, 1970;    involvement in Southeast Asia        investigation
   91-2, H. Res.                                         (see H. Rept.
   976                                                   91-1276); no
  Terminated July                                        legislative
   6, 1970                                               authority
 
U.S. National
 Security and
 Military/
 Commercial
 Concerns with
 China
  Established      Investigate technology transfers to  To report on its
   June 18, 1998;   China; successor select committee    investigation
   105-2, H. Res.   assigned to produce unclassified     (see H. Rept.
   463;             version of report filed by           105-851)
   reestablished    predecessor committee                (declassified,
   Jan. 6, 1999,                                         in part,
   106-1, H. Res.                                        pursuant to H.
   5; extended                                           Res. 5 (106-
   Mar. 24, Apr.                                         1)); no
   29, May 13,                                           legislative
   1999, 106-1,                                          authority
   H. Res. 129,
   H. Res. 153,
   H. Res. 170
   (respectively)
  Terminated May
   31, 1999
 

[[Page 263]]

 
U.S. Servicemen
 Missing in
 Action in
 Southeast Asia
  Established      U.S. servicemen identified as        To report to the
   Sept. 11,        missing in action; recovery of       House on its
   1975; 94-1, H.   bodies of known dead;                investigation
   Res. 335         international inspection teams       (see H. Rept.
  Terminated Mar.                                        94-178); no
   13, 1977                                              legislative
                                                         authority
 
White County
 Bridge
 Commission
  Established May  Financial position of the White      To report to the
   25, 1955; 84-    County Bridge Commission; monies     House with
   1, H. Res. 244   received and expenditures made;      recommendations
  Terminated Apr.   anticipated toll-free use            (see H. Rept.
   25, 1956                                              84-2052); no
                                                         legislative
                                                         authority
 
World War II
 Veterans
  Established      Abuses in education, training and    To report on the
   Aug. 28, 1950;   loan guarantee programs of World     results of its
   81-2, H. Res.    War II veterans                      investigation
   474                                                   (see H. Rept.
  Terminated Feb.                                        2501); no
   2, 1951                                               legislative
                                                         authority
------------------------------------------------------------------------

  Sec. 14 . Joint Committees

                                 Generally

      Joint committees are composed of Members from both Houses. 
  Jefferson noted that joint committees were used by the two Houses of 
  the English Parliament. Manual Sec. 325. Since the First Congress, a 
  joint committee has been used to make arrangements for the 
  inauguration of the President and Vice President. Manual Sec. 1112; 3 
  Hinds Sec. 1986. The early congresses formed joint standing committees 
  on the Library and Printing, which exist to this day. Manual 
  Sec. Sec. 1110, 1111; 4 Hinds Sec. Sec. 4337, 4347. For a current list 
  of all joint committees, see Manual Sec. 1108-1112.
      Joint committees, or committees of the House and Senate acting 
  jointly, have been used to investigate problems relating to 
  immigration (4 Hinds Sec. 4415), to resolve a dispute relating to the 
  electoral count (3 Hinds Sec. 1953), and to investigate the revision 
  and codification of the laws (4 Hinds Sec. 4410).

[[Page 264]]

                    Jurisdiction, Functions, and Duties

      Joint committees are used for study and investigation, supervision 
  and oversight, and sometimes for purely ceremonial activities. Joint 
  committees generally function in areas beyond the jurisdiction of any 
  particular committee of either House. Deschler Ch 17 Sec. 7. Joint 
  committees may report to both Houses if so directed (4 Hinds 
  Sec. Sec. 4421, 4422), or to either House (4 Hinds Sec. 4432; 7 Cannon 
  Sec. 2167).
      A joint committee created by concurrent resolution may be 
  instructed by the two Houses acting concurrently or, if so authorized, 
  by either House acting independently. 4 Hinds Sec. 4421. However, a 
  joint committee created by statute is not susceptible to control by 
  one House; and its duties may not be enlarged or diminished by either 
  House acting independently. 7 Cannon Sec. 2164. A joint committee 
  created by concurrent resolution must be reestablished by a subsequent 
  Congress.

                            Composition; Voting

      Recent joint committees have featured an equal number of Members 
  from both Houses, with the chairmanship alternating between the House 
  and Senate, and with each member having one vote. Deschler Ch 17 
  Sec. 7.
      The table below shows the major joint committees that were 
  established during the post-1946 era, their composition, and their 
  jurisdiction and functions:
        

                            Joint Committees
------------------------------------------------------------------------
            Committees                   Jurisdiction and Functions
------------------------------------------------------------------------
Atomic Energy (18 mbrs)            Development, use, and control of
  Established 1946; 42 USC Sec.     atomic energy; to report legislation
 2251                               and make recommendations within its
  House mbrs: 9                     jurisdiction; legislative
  Senate mbrs: 9                    jurisdiction abolished 1977; 95-1,
  Terminated Jan. 4, 1977           H. Res. 5
 
Congressional Operations (10       Identification of court proceedings
 mbrs)                              affecting Congress; organization and
  Established 1970; 2 USC Sec.      operation of the Congress;
 Sec.  411-417                      supervision of the Office of
  House mbrs: 5                     Placement and Management; no
  Senate mbrs: 5                    legislative jurisdiction
  Inactive since 94th Cong.;
 Select Committee on
 Congressional Operations
 created, 95-1, H. Res. 420
 

[[Page 265]]

 
Defense Production (10 mbrs)       Review of programs established by the
  Established 1950; 50 USC App      Defense Production Act of 1950;
 Sec.  2161                         Federal emergency preparedness and
  House mbrs: 5                     mobilization policy; integrity of
  Senate mbrs: 5                    defense contracts and the
  Terminated Mar. 1, 1992; no       procurement process; to report to
 appointments after Sept. 30,       the House and Senate on its studies,
 1978                               with recommendations
 
Economic (20 mbrs)                 Economic Report by the President;
  Established 1946; 15 USC Sec.     means of promoting national policy
 1021                               on employment; short-term and medium-
  House mbrs: 10                    term economic goals; to report to
  Senate mbrs: 10                   the House and Senate (by March 1)
  (Manual Sec.  1108)               and to each Budget Committee (by
                                    March 15)
 
Housing (14 mbrs)                  Housing needs in U.S.; building
  Established 1947; H. Con. Res.    material shortages; building costs;
 104                                building codes and zoning laws;
  House mbrs: 7                     housing loans and insurance;
  Senate mbrs: 7                    veterans' preferences; findings to
  Terminated 80th Cong.             be reported to the House and Senate
 
Internal Revenue Taxation (10      Operation and effects of Federal
 mbrs)                              system of internal revenue taxation;
  Established 1926; 26 USC Sec.     to report to the Committee on Ways
 8002                               and Means, and, in its discretion,
  House mbrs: 5                     directly to the House
  Senate mbrs: 5
  (Manual Sec.  1109)
 
Library (10 mbrs)                  Management and expansion of the
  Established 1806; 2 USC Sec.      Library of Congress; rules and
 132b                               regulations for the government of
  House mbrs: 5                     the Library; development of Botanic
  Senate mbrs: 5                    Garden; gifts for the benefit of the
  (Manual Sec.  1110)               Library; statues and other works of
                                    art in the Capitol
 

[[Page 266]]

 
Organization of Congress (24       Organization and operation of
 mbrs)                              Congress; relationship between the
  Two separate joint committees     two Houses and between the Congress
  Established 1965; S. Con. Res.    and other branches of government;
 2                                  committees; to report to the House
  Established 1992; H. Con. Res.    and Senate
 192; (Reestablished Pub. L. No.
 102-392)
  House mbrs: 12
  Senate mbrs: 12
  Terminated Dec. 31, 1967
  Terminated Dec. 31, 1993
 
Printing (10 mbrs)                 Inefficiencies or waste in the
  Established 1846; 44 USC Sec.     printing, binding, and distribution
 901                                of government publications;
  House mbrs: 5                     arrangement and style of the
  Senate mbrs: 5                    Congressional Record; printing of
  (Manual Sec.  1111)               the legislative program for each
                                    day; listing of committee meetings
                                    and hearings
 
Washington Metropolitan Problems   Growth and expansion of the District
  Established 1957; H. Con. Res.    of Columbia and its metropolitan
 172                                area; effectiveness of agencies and
  Terminated 86th Cong.             instrumentalities concerned
                                    therewith; to report to the House
                                    and Senate
------------------------------------------------------------------------

                        D. Procedure in Committees


  Sec. 15 . Committee Rules; Applicable House Rules

                                 Generally

      House committees are required to follow the procedures prescribed 
  by the rules of the House ``so far as applicable.'' Rule XI clause 
  1(a); Manual Sec. 787. They are also bound by those provisions of 
  Jefferson's Manual that are consistent with the rules of the House. 
  Manual Sec. Sec. 792, 1104. Finally, they are bound by their written 
  rules which are adopted by each standing committee under rule XI 
  clause 2(a). Manual Sec. 791. Committee rules must be published in the 
  Congressional Record within 30 days after the committee is elected and 
  are compiled by the Committee on Rules each Congress as a committee 
  print. Manual Sec. 791. If a committee meets pursuant to a rule which 
  has not been published, the proceedings may be held insuffi

[[Page 267]]

  cient to support a perjury conviction for alleged false testimony 
  given to that committee. United States v. Reinecke, 524 F.2d 435 (D.C. 
  Cir. 1975).
      Rule XI clause 1(a)(2) states that each subcommittee of a 
  committee is a part of that committee and subject to its authority, 
  direction, and rules. However, rule XI clause 2 grants certain 
  authorities specifically to subcommittees, such as authorizing and 
  issuing subpoenas. See, e.g., rule XI clause 2(m). Certain other 
  authorities granted under, or prescribed by, rule XI clause 2 are not 
  specifically granted to subcommittees, but have been interpreted to 
  apply to subcommittees. See, e.g., rule XI clauses 2(c), 2(e), 
  2(g)(3), 2(g)(4), 2(h)(3), 2(i), 2(j), and 2(k).

                              Points of Order

      A point of order does not ordinarily lie in the House against 
  consideration of a bill by reason of defective committee procedures 
  occurring before the time the bill is ordered reported to the House. 
  Manual Sec. 792. Thus, a point of order that a measure was ordered 
  reported in violation of a committee rule requiring advance notice of 
  the committee meeting will not lie in the House--the interpretation of 
  committee rules being within the cognizance of the committee and not 
  the House. Manual Sec. 791.
      On the other hand, if a committee procedure directly violates a 
  rule of the House, or if a rule specifically permits, a point of order 
  may be raised in the House, which may result in the recommital of the 
  bill. Manual Sec. Sec. 792, 799. For example, a point of order against 
  a measure on the ground that the hearings on such measure were not 
  properly conducted as required by the rules may be raised in the House 
  by a committee member if the point of order was timely made and 
  improperly overruled or not properly considered in committee. Rule XI 
  clause 2(g)(5).
      A deficiency in a committee report may be the subject of a point 
  of order in the House. Manual Sec. Sec. 837-849. A committee report 
  that erroneously reflects the information required under rule XIII 
  clause 3--for example, that committee reports reflect the total number 
  of votes cast for and against any public measure or matter and any 
  amendment thereto and the names of those voting for and against--may 
  be subject to a point of order. Manual Sec. 839. This error may be 
  corrected by a supplemental report that need not be separately 
  available for three days. Manual Sec. 838.

[[Page 268]]

  Sec. 16 . Records, Files, and Transcripts; Disclosure and Disposition; 
            Member Access

                         Generally; Voting Records

      Each committee must keep a complete record of all committee 
  action. Manual Sec. 794. A meeting or hearing transcript must include, 
  under rule XI clause 2(e)(1), a substantially verbatim account of 
  remarks actually made. All committee records and files must be kept 
  separate from the office records of the member serving as chairman. 
  Manual Sec. 796.
      The record of committee action must include the votes on any 
  question on which a roll call vote is demanded, and the result of each 
  such vote must be made available by the committee for inspection by 
  the public. Manual Sec. 795. In addition, committee reports must 
  include all record votes on motions to report and on any amendments. 
  Manual Sec. 839.

                   Members' Right of Access; Disclosure

      Under rule XI clause 2(e), the records and files of a committee 
  are considered the property of the House and accessible to all Members 
  of the House. However, rule XI clause 2(e) includes an exception to 
  that rule for certain records of the Committee on Standards of 
  Official Conduct and rule X clauses 11(c) and 11(g) include exceptions 
  for the Permanent Select Committee on Intelligence. On one occasion 
  the House restricted access to executive session material of a 
  committee, notwithstanding rule XI clause 2(e), to members of the 
  committee and to such employees of the committee as were designated by 
  the chairman after consultation with the ranking minority member. 105-
  2, H. Res. 252, Sept. 11, 1998, p ____.
      Clause 2(e) does not entitle a Member to bring committee materials 
  into the well of the House and does not necessarily apply to records 
  within the possession of the executive branch that members of the 
  committee have been allowed to examine under limited conditions at the 
  discretion of the agency. Furthermore, committees may prescribe 
  regulations to govern the manner of access, such as limiting 
  examination of files to committee rooms or prohibiting the making of 
  photocopies. Manual Sec. 796.

             Use of Information Obtained in Executive Session

      Testimony or evidence taken in an executive session of a committee 
  is under the control of and subject to the regulation of the committee 
  and, under rule XI clause 2(k), cannot be released or made public 
  without the consent of the committee. Thus, although a Member's right 
  of access under rule XI clause 2(e) may allow him to examine executive 
  session materials in committee rooms, it does not permit him to copy 
  or take personal notes

[[Page 269]]

  from such materials, to keep such notes in his personal office files, 
  or to release such materials to the public without the consent of the 
  committee or subcommittee. Manual Sec. 796. Evidence or testimony 
  taken in executive session of a committee may later be made public by 
  vote of the committee. Deschler Ch 17 Sec. 22.2. A committee may take 
  such action even with respect to evidence or testimony taken in 
  executive session under rule XI clause 2(k)(5) that tended to degrade, 
  defame, or incriminate. Deschler Ch 17 Sec. 22.3. A committee may also 
  take such action with respect to threshold discussions held in 
  executive session under rule XI clause 2(g)(2)(B) to explore whether 
  evidence or testimony should be received in executive session.
      Rule XI clause 2(k)(7), which requires a majority of the committee 
  to constitute a quorum for closing a meeting or hearing, also requires 
  a full quorum to release or make public evidence or testimony received 
  in executive session. The chairman has no unilateral authority to 
  release such material. Under clause 2(k)(7), executive session 
  material may be released only when authorized by the committee, a 
  majority being present. Manual Sec. 803.
      Rule X clauses 11(c) and 11(g) provide that executive session 
  material transmitted by the Permanent Select Committee on Intelligence 
  to another committee of the House becomes the executive session 
  material of the recipient committee by virtue of the nature of the 
  material and the injunction of rule X clause 11(g), which prohibit 
  disclosure of such information to Members of the House except in a 
  secret session. Rule XI clause 3(b)(6) prohibits the public disclosure 
  of complaints or information received by the Committee on Standards of 
  Official Conduct except as specifically authorized by that committee 
  in each instance.
      Under rule VIII clause 6(b), minutes or transcripts of executive 
  sessions, or evidence received during such sessions, may not be 
  disclosed or copied in response to a subpoena. A subpoena duces tecum 
  requesting production of executive session records of a committee from 
  a prior Congress may be laid before the House pending a determination 
  as to its propriety. 97-1, Apr. 28, 1981, p 7603.

                     Disposition of Committee Records

      The House may adopt a resolution providing for the disposition of 
  the records and files of a select or other committee. On one occasion, 
  the House required that the files of a select committee be held intact 
  and turned over to a newly created committee with similar 
  jurisdiction. Deschler Ch 17 Sec. 19.3. On another occasion, the House 
  gave a select committee the authority to dispose of its records 
  consistent with the rules and laws concerning classified information. 
  106-1, sec. 2(f)(3), H. Res. 5, Jan. 6, 1999, p ____. Pursuant to that 
  authority the select committee transferred its records to the

[[Page 270]]

  Clerk and instructed the Clerk to grant access to those records only 
  with the approval of the chairman and ranking minority member of the 
  former select committee (so long as each remains a Member) and, 
  thereafter, with the approval of the Permanent Select Committee on 
  Intelligence. Manual Sec. 1112a. In the absence of specific 
  disposition by the House, rule VII clause 1 requires the chairman of 
  each committee to deliver to the Clerk all noncurrent records of the 
  committee. Manual Sec. 695. Rule VII clause 3 outlines the procedures 
  for the public release of noncurrent records.

               Reference in Debate to Transcripts or Minutes

      Under early decisions of the House, it was not in order in debate 
  to refer to the proceedings of a committee except as had been formally 
  reported to the House. 5 Hinds Sec. Sec. 5080-5083; 8 Cannon 
  Sec. Sec. 2485-2493; Deschler Ch 17 Sec. Sec. 20.1, 20.2. The 
  rationale for the early decisions was to protect the confidentiality 
  and independence of committee proceedings and to permit flexibility 
  and compromise in committee deliberations. 8 Cannon Sec. 2491. Today, 
  however, the rules require that committee meetings be open to the 
  public unless properly closed by vote of the committee, and 
  transcripts of committee proceedings are widely available. These 
  considerations mitigate against the application of the rule of 
  nondisclosure to meetings and hearings which are open to the public. 
  Manual Sec. 360; Deschler Ch 17 Sec. 20.1. On the other hand, it is 
  clear that the rule protecting committee proceedings from disclosure 
  in House debate is applicable to executive session proceedings. 8 
  Cannon Sec. 2493; Deschler Ch 17 Sec. 20. Thus, it has been held not 
  in order in debate in the House to refer to or quote from the minutes 
  of an executive session of a committee, unless the committee has voted 
  to make such proceedings public. Manual Sec. 319. The precedents 
  clearly prevent reference in debate to committee actions which impugn 
  the motives of committee members, whether or not by name. Deschler-
  Brown Ch 29 Sec. 54.3.


  Sec. 17 . Meetings

               Regular Meetings; Calling Additional Meetings

      Standing committees must fix regular meeting days. Manual 
  Sec. 793. These meeting days may be on a weekly, biweekly, or monthly 
  basis but must be at least once a month. Rule XI clause 2(b); Manual 
  Sec. 407. Additional meetings may be called by the chairman as he may 
  deem necessary, and a mechanism exists that allows a majority of the 
  committee to require that a special meeting be held to consider a 
  particular measure or matter. Manual Sec. 793. Where a committee has a 
  fixed date to meet, a quorum of the committee may convene on that date 
  without call of the chairman and

[[Page 271]]

  transact business regardless of his absence. Rule XI clause 2(d); 8 
  Cannon Sec. 2214. In the temporary absence of the chairman or vice 
  chairman designated by the chairman, the ranking majority member who 
  is present presides at the meeting. Rule XI clause 2(d).


  Sec. 18 . -- Consideration and Debate; Voting

                        Generally; Motion Practice

      Committees generally conduct their business under the five-minute 
  rule and may employ the ordinary motions and procedures which are in 
  order in the House under rule XVI clause 4, as well as those 
  procedures which are in order in the House as in the Committee of the 
  Whole. Manual Sec. Sec. 424, 427, 792, 911. These include:

     The reading for amendment by section as in the Committee of 
         the Whole and the reading of the measure and amendments thereto 
         in full. Manual Sec. 792.
     Dispensing with the first reading (in full) of a bill or 
         resolution if printed copies are available. Rule XI clause 
         1(a)(1)(B).
     Limiting the time for debate and the motion to limit debate 
         under the five-minute rule. Manual Sec. 792; 4 Hinds Sec. 4573.
     The motion for the previous question. Manual Sec. 994.
     Voting by the yeas and nays. 4 Hinds Sec. 4572.
     The motion to refer. Manual Sec. 916.
     The motion to lay on the table, but tabling an amendment also 
         carries the bill to the table. 3 Hinds Sec. 1737; 4 Hinds 
         Sec. 4568.
     The motion to reconsider. 4 Hinds Sec. Sec. 4570, 4571.
     The taking of an appeal from a decision of the Chair. 4 Hinds 
         Sec. 4569.
     The motion to recess from day to day. Manual Sec. 787.

      A proposed investigative or oversight report shall be considered 
  as read in committee if it has been available to the members for at 
  least 24 hours (excluding Saturdays, Sundays, or legal holidays except 
  when the House is in session on such a day). Rule XI clause 1(b)(2).

                               Proxy Voting

      Proxy voting in committees, once permitted under certain 
  conditions, was banned beginning in the 104th Congress under rule XI 
  clause 2(f). Manual Sec. 797.

                              Postponed Votes

      In the 108th Congress, rule XI clause 2(h) was amended to permit 
  each committee to adopt a rule authorizing the chairman of a committee 
  or subcommittee to postpone a record vote on the question of approving 
  a measure

[[Page 272]]

  or matter or on adopting an amendment. Proceedings may be resumed on a 
  postponed question at any time after reasonable notice. A committee 
  rule permitting such postponed votes must provide that when 
  proceedings resume on a postponed question, notwithstanding any 
  intervening order for the previous question, the underlying 
  proposition must remain subject to further debate or amendment to the 
  same extent as when the question was postponed.


  Sec. 19 . Hearings

                        Generally; Uses of Hearings

      The three most common uses of hearings held by the committees of 
  the House are: (1) to consider the enactment of a measure into law and 
  to provide a forum where information and opinions on the measure can 
  be presented; (2) to inform the House as to activities that may call 
  for legislation; and (3) to invoke the investigative powers of the 
  House as overseer of Federal programs and operations. Manual Sec. 256.
      Hearings have included such publicized investigations as the 
  Credit Mobilier Corporation bribery charge investigation of 1872 (2 
  Hinds Sec. 1286), the Un-American activities investigations beginning 
  in the 1930's (Deschler Ch 15 Sec. 1.32), the investigation of covert 
  arms transactions with Iran in 1988 (100-1, H. Res. 12, Jan. 7, 1987, 
  p 821), the investigation of political fundraising improprieties (105-
  1, H. Res. 167, June 20, 1997, p ____), and the investigation of 
  whether the impeachment of President Clinton was warranted (105-2, H. 
  Res. 581, Oct. 8, 1998, p ____).

                         Announcement of Hearings

      A chairman must announce a hearing at least one week in advance, 
  although the chairman and ranking minority member acting jointly, or 
  the committee by majority vote with a business quorum present, may 
  determine that there is good cause to begin the hearing sooner. In 
  such a case the chairman must make the announcement at the earliest 
  possible date. The announcement must be published in the Daily Digest 
  and made available in electronic form. Manual Sec. 798. The Committee 
  on Rules is exempted from this requirement.


  Sec. 20 . Hearings and Meetings as Open or Closed

                                 Generally

      All committee or subcommittee meetings and hearings must be open 
  to the public, including the media, unless the committee, in open 
  session with a majority present, votes to close all or part of the 
  remainder of the meeting or hearing on that day for one of the 
  permissible reasons stated in the rule.

[[Page 273]]

   Rule XI clause 2(g). Permissible reasons include national security, 
  the compromise of sensitive law enforcement information, violation of 
  a law or rule of the House, or a situation where testimony might 
  incriminate, defame, or degrade a person.
      Only members of the committee and such noncommittee Members, 
  staff, and departmental representatives as the committee may authorize 
  may be present at a meeting held in executive session. Rule XI clause 
  2(g)(1). A committee or subcommittee may not exclude from 
  nonparticipatory attendance noncommittee Members from a hearing unless 
  so authorized by the House. Rule XI clause 2(g)(2).
      A motion to close a committee meeting or hearing, like the motion 
  for a secret session in the House, is not debatable. Manual Sec. 969. 
  Under rule XI clause 2(g)(2)(D), all committees may vote to close a 
  hearing for one additional day. The Committees on Appropriations and 
  Armed Services and the Permanent Select Committee on Intelligence may 
  close a hearing for up to five additional, consecutive days. Manual 
  Sec. 798.

     Evidence or Testimony Tending to Defame, Degrade, or Incriminate

      Rule XI clause 2(k)(5) requires certain procedural steps whenever 
  a member of the committee asserts that evidence or testimony before a 
  committee hearing may tend to defame, degrade, or incriminate any 
  person or a witness so asserts for himself. Manual Sec. Sec. 798, 803. 
  A majority of those present may vote to (1) receive the evidence or 
  testimony in executive session under clause 2(k)(5) or (2) go into 
  executive session under rule XI clause 2(g)(2)(B) to hold threshold 
  discussions to explore whether the evidence or testimony may tend to 
  defame, degrade, or incriminate. To continue the hearing in open 
  session, a majority quorum of the committee or subcommittee must be 
  present to entertain a motion that the evidence or testimony is in 
  fact not defamatory, incriminating, or degrading and the committee 
  should proceed in open session. Such a motion requires a majority for 
  adoption. An opportunity to appear voluntarily must be afforded to the 
  witness in either case. Manual Sec. 803.
      A point of order may be raised against a privileged report of a 
  committee relating to the contemptuous refusal of a witness to testify 
  on the ground that the committee had violated rule XI clause 2(k)(5). 
  Deschler Ch 15 Sec. 15. If a witness appears in response to a subpoena 
  and, when called, properly asserts grounds for an executive session, 
  the committee must determine whether the testimony will tend to 
  defame, degrade, or incriminate, even though the witness may have 
  ignored a previous opportunity to appear voluntarily to testify. 
  However, the proper assertion must be made by the witness to the 
  committee. If the witness leaves the hearing room without

[[Page 274]]

  making any statement other than that he refuses to testify, the 
  committee is not obligated to go into executive session, because the 
  proceedings have not reached the point where the witness has demanded 
  that the committee determine whether the testimony would tend to 
  degrade, defame, or incriminate. The determination that evidence or 
  testimony may tend to degrade, defame, or incriminate lies with the 
  committee and not with the witness. Deschler Ch 15 Sec. 15.


  Sec. 21 . Quorum Requirements

                                 Generally

      Historically, a majority of a committee constituted a quorum for 
  the transaction of business. Manual Sec. 409; 4 Hinds Sec. Sec. 4540, 
  4552. Under current rule XI clause 2(h), committees may fix the quorum 
  required for the taking of testimony at a hearing to not less than two 
  and (except for Appropriations, Budget, and Ways and Means) may fix 
  the quorum for the conduct of business, other than the reporting of a 
  measure, at not less than one-third.
      Minimum quorum requirements for committees and subcommittees of 
  the House are as follows:
        

------------------------------------------------------------------------
         Action               Minimum Quorum         Rule XI Clause 2
------------------------------------------------------------------------
  To report a measure    A majority of the              (h)(1)
   or recommendation      committee, ``actually         Manual Sec.  799
                          present''
 
  To authorize and       A majority of the              (m)(2)
   issue a subpoena       committee                     Manual Sec.  805
 
  To close a meeting or  A majority of the              (g)(1), (2)
   hearing                committee                     Manual Sec.  798
 
  To make public         A majority of the              (k)(7)
   evidence taken in      committee                     Manual Sec.  803
   executive session
 
  To take evidence or    A majority of the              (k)(5)
   testimony in open      committee                     Manual Sec.  803
   session after
   assertion that it
   defames, degrades or
   incriminates
 
  To take testimony or   Two members                    (h)(2)
   receive evidence at                                  Manual Sec.  800
   hearing
 

[[Page 275]]

 
  To close a hearing     Two members                    (k)(5)
   where assertion of                                   Manual Sec.  803
   defamatory testimony
   or evidence is made
 
  To take any other      One-third of membership        (h)(3)
   action                                               Manual Sec.  800
------------------------------------------------------------------------

  Sec. 22 . -- In Ordering a Report to the House

                                 Generally

      A standing committee cannot validly report a measure unless the 
  report has been authorized at a formal meeting of the committee with a 
  quorum present. Rule XI clause 2(h); Manual Sec. 799; 8 Cannon 
  Sec. Sec. 2220-2222; Deschler Ch 17 Sec. 23.2.
      A point of order of no quorum may provoke a quorum call to obtain 
  the presence of a majority of the committee in the committee room. 
  Manual Sec. 799.

                          Contemporaneous Meeting

      The report is not valid unless authorized with a quorum of the 
  committee actually present at the time the vote is taken. Manual 
  Sec. 799. This rule is derived from Jefferson's Manual, which states 
  that a committee may act only when together--``nothing being the 
  report of the committee but what has been agreed to in committee 
  actually assembled.'' Manual Sec. 407. This requirement means that a 
  majority must be contemporaneously assembled when the question is put 
  or at some point while the vote is taken.
      Although Speakers have indicated that committee members may come 
  and go during the course of the vote if the roll call indicates that a 
  quorum was present, where it is admitted that a quorum was not in the 
  room at any time during the vote and the committee transcript does not 
  show a quorum acting as a quorum, the Chair will sustain the point of 
  order. 8 Cannon Sec. Sec. 2212, 2222. A poll of committee members by 
  telephone will not suffice. Deschler Ch 17 Sec. 23.2.

                        Obsolete ``Rolling Quorum''

      In the 103d Congress the rules were amended to permit a ``rolling 
  quorum'' by allowing a majority to be deemed present if the committee 
  records showed that a majority responded on a roll call vote on the 
  motion to report in question. 103-1, H. Res. 5, Jan. 5, 1993, p 49. 
  This language

[[Page 276]]

  was deleted in the 104th Congress, thus restoring the previous 
  requirement that a ``majority of the committee be actually present'' 
  at the time a measure is ordered reported. Unlike a House floor vote, 
  during which Members may come and go during the course of a vote, the 
  committee quorum rule, absent the old ``rolling quorum'' latitude, 
  means a committee cannot simply leave a vote open until a sufficient 
  number of Members have responded to their names.


  Sec. 23 . --  -- Points of Order

                                 Generally

      Unless a point of order is raised, the House assumes that reports 
  from committees are authorized with a quorum present. Deschler Ch 17 
  Sec. 23. Quorum issues raised by a point of order are often determined 
  on the basis of information in the report or supplied by the chairman 
  of the committee in question, and the Speaker may question the 
  chairman as to the circumstances of the meeting and the number of 
  committee members present at that meeting. Manual Sec. 799; Deschler 
  Ch 17 Sec. 23.5. Where the chairman admits that the bill was reported 
  when a quorum was not present, the point of order against the bill on 
  that ground will be sustained. Deschler Ch 17 Sec. 25.2. If the point 
  of order is sustained, the bill is automatically recommitted. Deschler 
  Ch 17 Sec. Sec. 23.2, 25.2.
      Where a bill is being considered under suspension of the rules, a 
  point of order will not lie against the bill on the ground that a 
  quorum was not present when the bill was reported from committee. 
  Deschler Ch 17 Sec. 24.8.
      The absence of a quorum at the time a ``clean'' bill is ordered 
  reported gives rise to a point of order on the House floor, even 
  though the chairman had been previously instructed by the committee to 
  report the bill. Deschler Ch 17 Sec. 23.6.

                                Timeliness

      A point of order that a bill was reported from a committee in the 
  absence of a quorum is properly raised in the House when the bill is 
  called up for consideration or pending the Speaker's declaration, or a 
  vote on a motion, that the House resolve itself into the Committee of 
  the Whole for the consideration of the bill. Deschler Ch 17 
  Sec. Sec. 24.2, 24.4. It has been ruled that such a point of order 
  comes too late if raised:

     After consideration of the bill has begun in the House. 8 
         Cannon Sec. 2223.
     After the House has resolved into the Committee of the Whole 
         for the consideration of the measure. Deschler Ch 17 Sec. 24.5.

[[Page 277]]

     After debate on the measure has started in the House. Deschler 
         Ch 17 Sec. 24.6.
     After adoption of the measure. Deschler Ch 17 Sec. 24.7.

      The point of order is premature and will not be entertained:

     Where a resolution providing for the consideration of the bill 
         is before the House. Deschler Ch 17 Sec. 24.2.
     Pending a unanimous-consent request to consider the measure 
         otherwise not privileged for consideration. 90-2, Oct. 11, 
         1968, p 30751.

      Rule XI clause 2(g)(5)(B) precludes a point of order against 
  consideration of a reported measure, on the ground that hearings on 
  such measure were conducted without a proper quorum, unless that point 
  was timely made and improperly disposed of in committee.


  Sec. 24 . Witnesses

                      Summoning Witnesses; Subpoenas

      Witnesses are summoned before a committee pursuant to authority 
  conferred on it by the House to send for persons or papers. 3 Hinds 
  Sec. 1750. Rule XI clause 2(m) permits committees and subcommittees to 
  issue a subpoena when authorized by a majority of the members voting, 
  a majority being present. This authority does not extend to other 
  subunits of a committee such as ``task forces.'' Full-committee 
  chairmen may authorize and issue subpoenas when that authority is 
  delegated by the full committee, either on an ad hoc basis or by 
  committee rule. Such subpoenas must be signed by the chairman of the 
  committee or by a member designated by the committee. Subpoenas issued 
  to persons are returnable at the committee or subcommittee. A subpoena 
  duces tecum, one that commands the production of documents, may 
  specify terms of return other than at a meeting or a hearing. Rule XI 
  clause 2(m)(3)(C).
      Rule XI clause 2(k)(5) requires committees and subcommittees to 
  afford any person who may be defamed, degraded, or incriminated by 
  testimony or evidence the opportunity to voluntarily appear as a 
  witness. That clause and clause 2(k)(6) also require committees and 
  subcommittees to dispose of requests from such person, or requests 
  made by committee members during hearings, to subpoena additional 
  witnesses. Such interlocutory requests can cover the full range of 
  persons and papers for which subpoenas may be authorized under clause 
  2(m).
      Under rule XI clause 2(m), compliance with a committee subpoena 
  may be enforced only as authorized by the House. This clause has been 
  interpreted to require authorization by the full House before a 
  subcommittee chairman may intervene in a lawsuit in order to gain 
  access to documents

[[Page 278]]

  subpoenaed by the subcommittee. In re Beef Industry Antitrust 
  Litigation, 589 F.2d 786 (5th Cir. 1979); see also Contempt. Clause 
  2(m) does not authorize a committee to conduct a deposition or 
  interrogatory before one Member or before staff of the committee. Such 
  authority must be conferred by separate action of the House. Manual 
  Sec. Sec. 800, 805.

                        Interrogation of Witnesses

      Under rule XI clause 2(j)(2)(A), questioning of a witness 
  appearing before a committee proceeds under the five-minute rule. Each 
  member must be given an opportunity to question a witness for five 
  minutes. Where more than one witness testifies in a ``panel,'' each 
  member is permitted to question each witness in the panel for five 
  minutes. Clauses 2(j)(2)(B) and 2(j)(2)(C) enable committees to permit 
  extended examinations of witnesses for 30 additional minutes by 
  designated members, or by staff, of each party.

                     Witnesses Called by the Minority

      Under rule XI clause 2(j)(1), whenever a hearing is conducted by a 
  committee on a measure or matter, the minority members on the 
  committee have the right to call witnesses of their own choosing to 
  testify on that measure or matter of a hearing for one day. Such a 
  request must be supported by a majority of the minority members and 
  submitted to the chairman before completion of the hearing. The 
  chairman may set the day under a reasonable schedule. Manual Sec. 802.

                                  Perjury

      It is a felony to give perjurious testimony before a congressional 
  committee. 18 USC Sec. 1621. It is a felony to make false, fictitious, 
  or fraudulent statements before any department or agency of the United 
  States, including congressional committees. 18 USC Sec. 1001. However, 
  the courts have ruled that the facts sought must be in aid of the 
  committee's legislative purpose. The committee may recall a witness 
  for additional testimony on a point already testified to, or question 
  him about a prior denial, or address questions to him which are not 
  clearly in aid of legislation, but a perjury indictment may not be 
  found on false testimony in response to questions which are not asked 
  for the purpose of eliciting facts material to the committee's 
  investigation. United States v. Cross, 170 F. Supp. 303 (D.D.C., 
  1959).
      A quorum of a committee must be present when testimony is given to 
  support a charge of perjury. Manual Sec. Sec. 343, 409, 803;  
  Christoffel v. United States, 338 U.S. 84 (1949). The absence of a 
  quorum of a committee at the time a witness willfully fails to produce 
  subpoenaed documents is not a valid defense in a prosecution for 
  contempt where the witness failed to raise

[[Page 279]]

  that objection before the committee. United States v. Bryan, 339 U.S. 
  323 (1950); United States v. Fleischman, 339 U.S. 349 (1950).

                         Use of Written Statements

      Under rule XI clause 2(g)(4), committees are encouraged to require 
  each prospective witness to file a written statement of proposed 
  testimony in advance and limit oral presentation to a summary thereof. 
  The committees also must require, to the greatest extent practicable, 
  nongovernmental witnesses who submit written statements to submit with 
  such statement curriculum vitae and disclosures of Federal grants or 
  contracts received over the previous three years. Under rule XI clause 
  2(k)(8) witnesses are permitted, at the discretion of the committee, 
  to submit brief, sworn statements in writing for inclusion in the 
  committee record.

                           Subpoena Duces Tecum

      Under rule XI clause 2(m)(3)(B), a subpoena for documents may 
  specify terms of return other than at a meeting or hearing of the 
  committee or subcommittee authorizing the subpoena, such as at 
  committee offices.

                               Witness Fees

      Rule XI clause 5 authorizes the Committee on House Administration 
  to establish the per diem and travel rates of reimbursement of 
  witnesses. Some committees, in their rules, prescribe procedures for 
  disbursing such fees, such as the signing of appropriate vouchers.


  Sec. 25 . -- Rights or Privileges of Witnesses

                     Generally; Under the Constitution

      Committee investigations must be conducted in accordance with the 
  Constitution, particularly the first, fourth, and fifth amendments. 
  Witnesses appearing at hearings cannot be compelled to give evidence 
  or testimony against themselves, cannot be subjected to unreasonable 
  search and seizure, and cannot have their first amendment freedoms of 
  speech, press, religion, or political belief and association abridged. 
  Watkins v. United States, 354 U.S. 178 (1957).

                 The Privilege Against Self-incrimination

      The privilege against self-incrimination may be invoked by a 
  person subpoenaed to testify or produce materials before a House 
  committee notwithstanding the fact that a congressional investigation 
  is not a ``criminal case'' in the conventional sense. 3 Hinds 
  Sec. Sec. 1699, 2514. The assertion of the privilege against self-
  incrimination need take no particular form, pro

[[Page 280]]

  vided the committee can reasonably be expected to understand it as an 
  attempt to invoke the privilege. Quinn v. United States, 349 U.S. 155 
  (1955). At the same time, a witness may waive the privilege by failing 
  to assert it, expressly disclaiming it, or testifying on the same 
  matters concerning which he later claims the privilege. Deschler Ch 15 
  Sec. 9. Thus, after testifying to an incriminating fact, a witness may 
  not refuse to answer more questions on the same subject on the ground 
  that such answers would further incriminate. Rogers v. United States, 
  340 U.S. 367 (1951).

                            Immunity Procedures

      A witness who refuses to testify before a congressional committee 
  on the basis of his privilege against self-incrimination may be 
  granted immunity by court order and, under certain conditions, 
  compelled to testify or provide information to the committee. 18 USC 
  Sec. Sec. 6002, 6005. Under the statute, the request for the court 
  order must have been approved by two-thirds of the entire membership 
  of the committee. The statute has been upheld as constitutional. 
  Application of U.S. Senate Select Committee on Presidential Campaign 
  Activities, 361 F. Supp. 1270 (D.D.C., 1973); see also 6 Cannon 
  Sec. 354.

                       Under the Rules of the House

      A witness appearing at a hearing before a committee of the House 
  is entitled to certain rights or privileges under the rules of the 
  House. Rule XI clause 2(k); Manual Sec. 803. Under these rules, a 
  witness is entitled:

     To a copy of the committee rules (upon request).
     To be accompanied by counsel to advise on constitutional 
         rights.
     To seek a closed hearing if the evidence or testimony tends to 
         defame, degrade, or incriminate him.
     To submit requests for committees to subpoena additional 
         witnesses.
     To submit brief and pertinent sworn statements in writing for 
         inclusion in the committee record (at discretion of committee).
     To a transcript of his testimony if given in an open hearing.

      Although the applicable rule permits witnesses to have counsel at 
  hearings to advise on constitutional rights, it is the witness, not 
  counsel, who has ultimate responsibility for protecting his rights and 
  invoking the procedural safeguards guaranteed under the rules of the 
  House. The attorney for the witness may not, as a matter of right, 
  present argument or make demands on the committee. Deschler Ch 15 
  Sec. 14.3.

[[Page 281]]

  Sec. 26 . -- Proceedings Against Recalcitrant Witnesses

      An individual who fails or refuses to comply with a House subpoena 
  may be cited for contempt of Congress. The Supreme Court has found the 
  subpoena power to be an ``indispensable ingredient'' of the 
  legislative powers granted to Congress by the Constitution. Eastland 
  v. United States Servicemen's Fund, 421 U.S. 491 (1975). Although the 
  Constitution does not expressly grant Congress the power to punish 
  witnesses for contempt, that power has been deemed an inherent 
  attribute of the legislative authority of Congress. See Anderson v. 
  Dunn, 19 U.S. 204 (1821). To supplement this inherent power, the 
  Congress in 1857 adopted an alternative statutory contempt procedure. 
  Under this statute, the House may certify to the appropriate U.S. 
  Attorney the witness's refusal to comply with a congressional 
  subpoena. House certification is effected by its adoption of a report 
  from the committee where the refusal took place. The contempt is 
  punishable by fine and imprisonment. 2 USC Sec. Sec. 192, 194. For 
  comprehensive discussion, see Contempt; Manual Sec. Sec. 293-299.


  Sec. 27 . Media Coverage of Hearings and Meetings

      Rule XI clause 4 requires that open committee hearings and 
  meetings be open to audio, video, and photographic coverage by 
  accredited press representatives. Manual Sec. Sec. 807-812. The rule 
  also requires committees to adopt written rules to govern such 
  coverage within certain parameters set forth in the rule.


                           E. Committee Reports


  Sec. 28 . In General

              Necessity of Report; Chairman's Duty to Report

      Under rule XIII clause 2 (first adopted in 1880), a bill reported 
  from a committee must be accompanied by a written report. Manual 
  Sec. 833. Reported bills that are not accompanied by a written report 
  are not placed on a calendar. 8 Cannon Sec. 2783.
      The report of a committee is in the nature of argument or 
  explanation. The report on a legislative measure does not itself come 
  before the House for amendment or other specific action. 4 Hinds 
  Sec. 4674; Deschler Ch 17 Sec. 58. The Speaker makes no determinations 
  as to the sufficiency of a report beyond specific requirements of 
  House rules. 2 Hinds Sec. 1339.
      It is the duty of each committee chairman to ``promptly'' report 
  measures approved by the committee to the House. Rule XIII clause 
  2(b)(1);

[[Page 282]]

  Manual Sec. 834. Under this rule, if the report on such a measure is 
  not filed by the chairman of the committee, a majority of its members 
  may file a written request for the filing of the report. Within seven 
  calendar days (exclusive of the days on which the House is not in 
  session) after the filing of the request, the committee report itself 
  is to be filed. Excepted from this rule are certain reports of the 
  Committee on Rules and reports on resolutions of inquiry. Manual 
  Sec. 835.

                    Committee Authorization or Approval

      When a committee concludes consideration of a bill, a motion to 
  order the measure reported is in order. 4 Hinds Sec. 4667. In this 
  respect, the House has adhered to the principle that the reporting of 
  a measure must be authorized by the committee acting together at a 
  formal meeting of the committee with a quorum present. Rule XI clause 
  2(h)(1); Manual Sec. 407; 4 Hinds Sec. 4585; 8 Cannon Sec. Sec. 2221, 
  2222, 2249.
      Objection being made that the text of a report does not reflect 
  the actions of a committee, the question as to the reception of the 
  report may be submitted to the House. 4 Hinds Sec. 4591. If a bill is 
  held to be improperly reported, the bill is not entitled to a place on 
  the calendar. 4 Hinds Sec. 3117. After the House has voted to consider 
  a bill or after consideration has begun in the House, it is too late 
  to raise the question of authorization or to question the validity of 
  the committee's action in reporting the bill. 4 Hinds Sec. Sec. 4598, 
  4599; 8 Cannon Sec. Sec. 2223, 2225.
      The rules of the House do not require that committees separately 
  approve legislative reports. A point of order that a committee did not 
  vote to approve a report as required by the rules of the committee is 
  properly made in committee and not in the House. Deschler Ch 17 
  Sec. 58.5.

                                Recommittal

      The failure of a committee report to comply with the rules of the 
  House, such as the reporting requirements contained in rule XIII, may 
  result in automatic recommittal of the bill if a point of order is 
  sustained. See, e.g., 8 Cannon Sec. 2237. Under rule XIII clause 
  3(a)(2), a committee may file a supplemental report to correct 
  technical errors in its initial report. Such supplemental report is 
  subject to a new three-day availability under rule XIII clause 4(a), 
  except that a supplemental report only correcting errors in the 
  depiction of record votes under rule XIII clause 3(b) is not subject 
  to such availability requirement. If the bill is recommitted because 
  of a defective report, further proceedings are de novo and all 
  committee formalities necessary to the first report are likewise 
  necessary to authorize a second report. 8 Cannon Sec. 2221.

[[Page 283]]

                      Adverse or Unfavorable Reports

      A committee may report a bill adversely, even though the committee 
  originated the bill. Manual Sec. 832; 4 Hinds Sec. 4659. A committee 
  may also report a bill to the House with no recommendation for action. 
  4 Hinds Sec. Sec. 4661, 4662. If the committee is unable to agree on a 
  recommendation for action, it may submit a statement of this fact in 
  the report (4 Hinds Sec. 4665), in which case the report may include 
  minority views alone (2 Hinds Sec. 945) or simply set forth the 
  propositions representing the opposing contentions (3 Hinds Sec. 2497; 
  4 Hinds Sec. 4664). Motions to report favorably, unfavorably, or with 
  no recommendation have no priority over each other in committee and 
  are not in order as amendments to each other.

                  Multiple Reports; Supplemental Reports

      The report of a committee must be confined to a single volume, and 
  ordinarily only one report is filed on each bill. Sec. 29, infra. 
  Indeed, it has been held that two reports may not be filed from the 
  Committee on Rules to accompany the same rule or order of business. 
  Deschler Ch 17 Sec. 58.2.
      However, rule XIII clause 3(a)(2) permits the filing of a 
  supplemental report to correct a technical error in a previous report, 
  and unanimous consent is not required. Deschler Ch 17 Sec. 64.1. The 
  authority to file a supplemental report to correct a technical error 
  in a previous report does not include the authority to file a 
  supplemental report (1) to correct the failure of a committee to 
  comply at all with the reporting requirements set forth in rule XIII 
  (such as the requirement to include a committee cost estimate); (2) to 
  change a statement of legislative intent contained in the initial 
  report (Deschler Ch 17 Sec. 64.1 (note)); (3) to include additional 
  views not timely submitted for inclusion with the report; or (4) to 
  outline substantive interpretations of a previously reported bill. In 
  those cases, unanimous consent is required for a committee to file a 
  supplemental report. In any case, a supplemental report is subject to 
  the three-day layover requirement under rule XIII clause 4(a) unless 
  it only corrects errors in the depiction of record votes. Rule XIII 
  clause 3(a)(2).

             Reporting Bills with Amendments; ``Clean'' Bills

      A committee may report a bill with sundry amendments for the 
  consideration of the House. Where a bill has been extensively amended 
  in the committee, its members may instruct the chairman to incorporate 
  the changes into an amendment in the nature of a substitute or to 
  introduce a ``clean'' bill, which reflects the committee's action. If 
  the latter course is chosen, the new bill must be introduced through 
  the hopper. In either case,

[[Page 284]]

  the committee cannot vote to report until it has the perfected text 
  before it. Deschler Ch 17 Sec. 23.6.


  Sec. 29 . Form and Contents of Report

      Rule XIII governs the form and content of committee reports. Rule 
  XIII clauses 2(a) and 3(a), respectively, require that committee 
  reports be printed and confined to a single volume. Verbal statements 
  will not be received in the House as the report of a committee. 4 
  Hinds Sec. Sec. 4654, 4655.
      Under rule XIII, a report on any measure or matter shall include:

     Minority, supplemental, or additional views if properly 
         submitted. Clause 3(a).
     The total number of record votes cast in committee for or 
         against the reporting of the measure or matter and on any 
         amendment thereto, and the names of those voting for or 
         against. Clause 3(b).
     Oversight findings and recommendations required pursuant to 
         clause 2(b)(1) of rule X. Clause 3(c)(1).
     A statement of performance goals and objectives. Clause 
         3(c)(4).

      Under rule XIII, a report on any public bill or joint resolution 
  shall include:

     A statement describing fiscal ramifications of the measure as 
         required by section 308 of the Congressional Budget Act of 
         1974, if the measure provides new budget authority or new or 
         increased tax expenditures. Clause 3(c)(2).
     An estimate and comparison required under section 402 of the 
         Congressional Budget Act as to the costs anticipated in 
         carrying out the bill or joint resolution over specified 
         periods of time, if timely submitted. Clause 3(c)(3).
     A statement citing constitutional authority of Congress to 
         enact the bill or joint resolution. Clause 3(d)(1); Manual 
         Sec. 841.
     An estimate by the committee of the costs incurred in carrying 
         out the bill or joint resolution in the fiscal year it is 
         reported and in each of five following fiscal years (which may 
         be satisfied by including a section 402 estimate). Clause 
         3(d)(2).
     A comparative print indicating changes in existing law (the 
         Ramseyer Rule). Clause 3(e); Sec. 30, infra.

      Rule XIII clause 3(f) requires a report of the Committee on 
  Appropriations on a general appropriation bill to include:

     A description of the effect of any provision of the 
         accompanying bill that changes the existing law.
     A list of unauthorized appropriations contained in the bill.
     A list of rescissions and transfers.


[[Page 285]]



      In addition, clause 3(f)(2)(A) requires an appropriation bill or 
  joint resolution to include separate headings for ``Rescissions'' and 
  ``Transfers of Unexpended Balances'' contained in the bill or joint 
  resolution.
      Rule XIII clause 3(g) requires a report of the Committee on Rules 
  on a resolution proposing to repeal or amend a standing rule of the 
  House to include a ``Ramseyer'' comparison of the proposed text with 
  the existing rule. Sec. 30, infra.
      Rule XIII clause 3(h) requires a report of the Committee on Ways 
  and Means on a measure proposing to amend the Internal Revenue Code of 
  1986 to include (or to be printed in the Congressional Record by the 
  chairman of the Committee on Ways and Means before consideration) a 
  ``tax complexity analysis'' and a ``macroeconomic impact analysis'' 
  prepared by the Joint Committee on Internal Revenue Taxation.
      Reports are also required to contain identification and cost-
  estimates of Federal mandates under the Unfunded Mandates Reform Act 
  of 1995 (Manual Sec. Sec. 843, 1127) and a description of the 
  applicability of the measure to the Legislative Branch under the 
  Congressional Accountability Act of 1995 (Manual Sec. 842).


  Sec. 30 . Comparative Prints; The Ramseyer Rule

                                 Generally

      Rule XIII clause 3(e), the Ramseyer rule, was first incorporated 
  into the House rules in 1929. It was named for its author, C. William 
  Ramseyer. 8 Cannon Sec. 2234. This rule provides that whenever a 
  committee reports a measure repealing or amending a statute, the 
  committee report must include the text of the statute and a 
  comparative print showing the proposed omissions and insertions by 
  stricken-through type and italics, parallel columns, or other 
  appropriate typographical devices. The purpose of the rule is to 
  inform Members of any changes in existing law by the proposed 
  legislation. Deschler Ch 17 Sec. 60.
      The Ramseyer rule requires that the statute proposed to be amended 
  be quoted in the report; it is not sufficient that it is incorporated 
  in the bill. 8 Cannon Sec. 2238. However, a comparative print need 
  only be prepared for the affected part of the law. Deschler Ch 17 
  Sec. 60.6. If the bill amends existing law by the addition of a 
  proviso, the report should quote in full the section immediately 
  preceding the proposed amendment. 8 Cannon Sec. 2237.
      Where a committee reports a bill with amendments, the comparative 
  print required by the rule must show the changes in existing law 
  proposed by the bill as amended, rather than by the bill as 
  introduced. Deschler Ch 17 Sec. 60.4. Where there has been a multiple 
  referral of a measure to two or

[[Page 286]]

  more committees, each committee need only Ramseyer the changes it 
  recommends and not the changes recommended by the other committees. 
  Manual Sec. 816.

                            Application of Rule

      To fall within the purview of the Ramseyer rule, a bill must 
  repeal or amend a statute in terms, and a general reference to the 
  subject treated in a statute without the proposition of a specific 
  amendment is not sufficient. 8 Cannon Sec. 2235. Provisions in a bill 
  which merely waive certain statutory requirements or grant an 
  exemption therefrom are not specifically amendatory of existing law 
  and therefore are not subject to the Ramseyer rule requirements. 
  Deschler Ch 17 Sec. 60.7. Thus, the Ramseyer rule has been held 
  inapplicable to a joint resolution extending the period for State 
  ratification of a constitutional amendment submitted to the States, 
  where the resolution did not specifically change the deadline for 
  ratification, but merely extended the period ``notwithstanding'' any 
  provision in the prior law. 95-2, Aug. 15, 1978, p 26204. A point of 
  order will not lie against a committee report merely because the 
  comparative print required by the Ramseyer rule includes laws which 
  are not affected by the reported bill but which are included to give 
  full information to the Members. Deschler Ch 17 Sec. 60.3.
      The Ramseyer rule is applicable whenever a committee reports a 
  bill repealing or amending ``a statute or part thereof.'' Manual 
  Sec. 846. Thus, the rule is not applicable to:

     A bill changing the rules of evidence for the District of 
         Columbia courts. Deschler Ch 17 Sec. 6.8.
     Bills discharged from a committee (as distinguished from bills 
         reported by a committee). Deschler Ch 17 Sec. 60.10.
     Bills amending simple resolutions. 8 Cannon Sec. 2239.

      The Ramseyer rule is not applicable to reports accompanying simple 
  resolutions. 93-2, Sept. 30, 1974, p 32956. However, a Ramseyer-type 
  comparative print is required under rule XIII clause 3(g) whenever the 
  Committee on Rules reports a resolution proposing to repeal or amend a 
  standing rule of the House or part thereof. This clause does not apply 
  to resolutions that merely provide temporary waivers of rules during 
  the consideration of particular legislative business and does not 
  apply to a resolution providing for the consideration of a bill with 
  textual modifications that would effect certain changes in House rules 
  on enactment of the bill into law but not itself repealing or amending 
  any rule. Manual Sec. 848.
      The Ramseyer rule applies to general appropriation bills where 
  such bills include legislative provisions. 8 Cannon Sec. 2241. General 
  appropriation

[[Page 287]]

  bills are also subject to a separate rule requiring that the report 
  contain a statement of the effect of any changes in existing law. Rule 
  XIII clause 3(f).

                          Substantial Compliance

      A Ramseyer rule violation may occur even though the bill in 
  question proposes but one minor and obvious change in existing law. 8 
  Cannon Sec. 2236. Under the doctrine of substantial compliance, 
  however, the Speaker has overruled Ramseyer points of order on the 
  rationale that the committee had substantially complied with the 
  requirements of the rule and that deviations were minor and 
  inconsequential. Deschler Ch 17 Sec. Sec. 60.11-60.14. Thus, the 
  Speaker has upheld a report, even though it contained errors in 
  typography and punctuation and failed to indicate a relatively 
  insignificant date change. Deschler Ch 17 Sec. 60.14.

                              Points of Order

      The point of order that a report fails to comply with the Ramseyer 
  rule is properly made when the bill is called up in the House and 
  before the House has resolved into the Committee of the Whole for its 
  consideration. 8 Cannon Sec. Sec. 2243, 2245; Deschler Ch 17 
  Sec. Sec. 60.15-60.18. The point of order does not lie in the 
  Committee of the Whole. Deschler Ch 17 Sec. 60.16. Thus, the proper 
  time to raise the point of order is when the motion is made to go 
  into, or the Speaker declares the House resolved into, the Committee 
  of the Whole to consider the bill. If that motion is withdrawn, the 
  Chair is not obliged to rule on the point of order. Manual Sec. 905. 
  When a point of order is raised that a report is in violation of the 
  Ramseyer rule, it is incumbent on the proponent of the point of order 
  to cite the specific statute which will be amended by the pending 
  bill. 8 Cannon Sec. 2246.
      Compliance with the Ramseyer rule may be waived by unanimous 
  consent or by special rule. Deschler Ch 17 Sec. Sec. 60.19, 60.20. 
  However, a special order providing for the consideration of a bill, 
  unless specifically waiving points of order, does not preclude the 
  point of order that the report on such a bill fails to comply with the 
  Ramseyer rule. 8 Cannon Sec. 2245.

                     Recommittal; Supplemental Report

      Technical defects in a Ramseyer may be remedied by a supplemental 
  report, which may be filed with the Clerk under rule XIII clause 
  3(a)(2) without unanimous consent. 8 Cannon Sec. 2247. Two remedies 
  are available to the Chair when he sustains a point of order for 
  failure to comply with the Ramseyer rule. The Chair may recommit the 
  bill to the respective committees reporting it. 8 Cannon Sec. 2237; 
  Deschler Ch 17 Sec. 60.2. This was the automatic remedy before the 
  adoption of rule XIII clause 3(a)(2). When a

[[Page 288]]

  bill was recommitted for failure to conform to the rule, further 
  proceedings were de novo and the bill was considered again and 
  reported by the committee as if no previous report had been made. 8 
  Cannon Sec. 2249. In the alternative, the Chair may announce that 
  consideration of the bill must await the filing of a supplemental 
  report under clause 3(a)(2) to cure the defect. The latter remedy is 
  most suitable where the violation is merely technical.


  Sec. 31 . Printing; Referral to Calendars

                                 Generally

      Unless a report is privileged for immediate consideration, it is 
  delivered to the Clerk for printing and reference to the proper 
  calendar under the direction of the Speaker. Manual Sec. 831; Sec. 33, 
  infra. Privileged reports are filed from the floor while the House is 
  in session and referred to the appropriate calendar and ordered 
  printed by the Speaker. Deschler Ch 17 Sec. 58.
      Referrals, including sequential referrals, see Bills and 
  Resolutions.

                              Adverse Reports

      Under rule XIII clause 2(a)(2), a bill reported adversely is laid 
  on the table unless the reporting committee or a Member requests the 
  Clerk to refer the bill to a calendar. Nonprivileged reports on 
  resolutions adversely reported are not printed unless a request is 
  made that they be referred to a calendar. Deschler Ch 17 Sec. 59.1. 
  However, reports on resolutions of inquiry, are considered privileged, 
  are reported as such, whether favorable or adverse, and are printed 
  and referred. Manual Sec. 864; see also Calendars.

                            Correcting an Error

      A ``star print'' is a reprint of a committee report or reported 
  bill to correct errors in the first printing of the report. A ``star 
  print'' may be authorized by the Speaker to correct an error made by 
  the Government Printing Office. 95-2, June 23, 1978, p 18806. A 
  committee may correct a technical error in its report by filing a 
  supplemental report under rule XIII clause 3(a)(2). Sec. 28, supra.


  Sec. 32 . Supplemental, Minority, and Additional Views

      The members of a committee who are in the minority may not present 
  a proposition of legislation but have the right to file views to 
  accompany the report. 4 Hinds Sec. Sec. 4601-4605. Unless filed with 
  the report, minority views may be presented only by consent of the 
  House. 4 Hinds Sec. 4600; 8 Cannon Sec. 2231.

[[Page 289]]

      Rule XI clause 2(l) entitles a member of the committee who gives 
  notice to two additional calendar days to file with the clerk of the 
  committee supplemental, additional, or minority views. The member must 
  give notice at the time of the approval of the report. The two 
  calendar days begin the day after the measure is ordered reported and 
  do not count Saturdays, Sundays, and legal holidays except when the 
  House is in session. Such views must be in writing and signed by the 
  submitting member. Manual Sec. 804. If one member makes a timely 
  request for filing views, all other members of the committee may 
  submit views for inclusion in the report up to the time that member 
  submits his views. Deschler Ch 17 Sec. 64. Views may also be called 
  ``separate,'' ``concurrent,'' or ``dissenting.''
      Under rule XIII clause 2(c), views submitted under rule XI clause 
  2(l) must be included in, and must be part of, the report. Under rule 
  XIII clause 3(a), the cover of the report must recite the inclusion of 
  such views. When the two additional days guaranteed by rule XI clause 
  2(l) expire, the committee may arrange to file its report with the 
  Clerk not later than one hour after the expiration of such time, even 
  if the House is not in session. Rule XIII clause 2(c).


  Sec. 33 . Filing Reports

      Nonprivileged reports are filed by delivering them to the Clerk 
  for reference to the calendars under the direction of the Speaker. 
  Manual Sec. 831. Privileged reports are filed from the floor and 
  referred to the appropriate calendar by the Speaker. Manual Sec. 853; 
  Deschler Ch 17 Sec. 58.
      Ordinarily, a committee report on a bill or other measure reported 
  to the House must accompany the reported measure. Manual 
  Sec. Sec. 831, 853. Except as provided in rule XIII clause 2(c), 
  unanimous consent is required to file a committee report when the 
  House is not in session, and such permission may not be obtained by 
  motion. Manual Sec. 418; Deschler Ch 17 Sec. 62; Sec. 32, supra.
      The House may extend the time for a select committee to file a 
  report pursuant to a simple resolution (105-1, H. Res. 170, May 13, 
  1999, p ____) or by agreement to a unanimous-consent request (94-2, 
  Aug. 2, 1976, p 25086). An extension of time to file has been given to 
  a joint committee pursuant to a joint resolution and to a unanimous-
  consent request agreed to in each House. Deschler Ch 17 
  Sec. Sec. 62.10, 62.11.

[[Page 290]]

  Sec. 34 . Calling Up; Time to Report

            Privileged and Nonprivileged Reports Distinguished

      Certain committee reports may be called up as privileged under the 
  rules and precedents of the House. If privileged, a report may be 
  filed from the floor at any time; its consideration is preferential 
  and does not require a special rule from the Committee on Rules. 
  Deschler Ch 17 Sec. 63. The report may be privileged even though the 
  measure in question is reported adversely. 6 Hinds Sec. 413; 8 Cannon 
  Sec. 2310; Deschler Ch 17 Sec. 63.3.
      Privileged status is accorded to:

     Reports on Presidential vetoes. Deschler Ch 17 Sec. Sec. 63.1, 
         63.2.
     Reports on impeachments and matter incidental thereto. 
         Deschler Ch 17 Sec. 63.3.
     Reports on questions involving the privileges of the House, 
         such as reports relating to the refusal of a witness to testify 
         or produce documents. Deschler Ch 17 Sec. Sec. 63.4-63.7.
     Reports by those committees specified by rule XIII clause 5 to 
         report at any time on particular matters, subject to applicable 
         layover requirements. Manual Sec. 855.
     Reports which may be reported at any time by specific 
         authorization of a House resolution. Deschler Ch 17 Sec. 63.10.
     Reports on measures which may be reported at any time pursuant 
         to statute, as in the case of certain resolutions of 
         disapproval. Manual Sec. 1130; Deschler Ch 17 Sec. 63.11 
         (note).

      As noted above, certain committees are, under rule XIII clause 5, 
  given leave to report at any time on matters particularized in the 
  rule. Manual Sec. Sec. 853, 855. This privilege to report at any time 
  does not extend to matters not specified by the rule. 4 Hinds 
  Sec. 4622; 8 Cannon Sec. 2286. The committees with leave to report at 
  any time on specified matters under this rule are shown in the table 
  below:

 
                                                         Eligible
                                                          Matters
                           Committee                        and
                                                         Measures
 
        Rules                                            Rules,
                                                          joint
                                                          rules,
                                                          and the
                                                          order
                                                          of
                                                          busines
                                                          s.
 
        Appropriations                                   General
                                                          appropr
                                                          iation
                                                          bills,
                                                          certain
                                                          joint
                                                          resolut
                                                          ions
                                                          continu
                                                          ing
                                                          appropr
                                                          iations
                                                          , but
                                                          not
                                                          appropr
                                                          iations
                                                          for
                                                          specifi
                                                          c
                                                          purpose
                                                          s (8
                                                          Cannon
                                                          Sec.  2
                                                          285)
 

[[Page 291]]

 
        Budget                                           Matters
                                                          under
                                                          titles
                                                          III and
                                                          IV of
                                                          the
                                                          Congres
                                                          sional
                                                          Budget
                                                          Act of
                                                          1974
 
        House Administration                             Enrolled
                                                          bills;
                                                          electio
                                                          n
                                                          contest
                                                          s;
                                                          printin
                                                          g;
                                                          noncurr
                                                          ent
                                                          House
                                                          records
                                                          ;
                                                          expendi
                                                          tures
                                                          of
                                                          applica
                                                          ble
                                                          account
                                                          s of
                                                          the
                                                          House
 
        Standards of Official Conduct                    Certain
                                                          resolut
                                                          ions
                                                          recomme
                                                          nding
                                                          action
                                                          with
                                                          respect
                                                          to a
                                                          Member,
                                                          officer
                                                          , or
                                                          employe
                                                          e
 

      The right to report at any time is said to carry with it the right 
  to consideration at any time (4 Hinds Sec. 3131), subject to 
  applicable layover requirements (see Sec. 35, infra). However, such 
  right does not exist when in conflict with other rules of the House. 8 
  Cannon Sec. 2291. Measures reported under a leave to report at any 
  time yield to matter enjoying a higher privilege in the order of 
  business, to questions of privilege (Manual Sec. 854; 6 Cannon 
  Sec. 557), and to measures already given a priority by a special order 
  (4 Hinds Sec. Sec. 3175, 3176).
      Where a committee has been given the privilege of reporting at any 
  time with respect to a certain matter, it may report Senate bills as 
  well as House bills under the privileged status given. Deschler Ch 17 
  Sec. 63.10.
      Generally, nonprivileged reports are made by delivering them to 
  the Clerk. Manual Sec. 831. Reports privileged under the rules must be 
  made from the floor. Manual Sec. 853; 4 Hinds Sec. 3146; 8 Cannon 
  Sec. Sec. 2230, 2233. Privileged reports filed under rule XIII clause 
  2(c), and reports privileged by statute, are excepted from the general 
  rule that privileged reports must be filed from the floor in order to 
  preserve their privilege. Deschler Ch 17 Sec. 63.11.

                         Who May Call Up; Reading

      A committee ordinarily authorizes its chairman to submit and call 
  up its report. Manual Sec. 834; 4 Hinds Sec. 4669. He may do so even 
  though he has not concurred therein. 4 Hinds Sec. 4670. However, the 
  committee may authorize other members of the committee to present 
  reports, and under some circumstances minority members of the 
  committee have been ordered to present the report of the committee. 4 
  Hinds Sec. Sec. 4669, 4672, 4673; 8 Cannon Sec. Sec. 2314, 2315.
      Reports are not normally read by the Clerk. However, in a few 
  cases, where a report does not accompany a bill or other proposition 
  of action, but presents facts and conclusions under consideration by 
  the House, it is read

[[Page 292]]

  by the Clerk (such as the predicate for a contempt resolution). Manual 
  Sec. 422.

                                Withdrawal

      The chairman of a committee, having made a report to the House in 
  accordance with instructions from his committee, may not withdraw it 
  except by consent of the House. 4 Hinds Sec. 4690; 8 Cannon Sec. 2312. 
  When placed on the calendar, a bill is not subject to further 
  consideration by the committee reporting it. 8 Cannon Sec. Sec. 2218, 
  2307.


  Sec. 35 . Availability (``Layover'') Requirements

      With certain exceptions, rule XIII clause 4(a) requires that a 
  committee report on a measure or matter be available to Members for 
  three calendar days (excluding Saturdays, Sundays, and legal holidays, 
  unless in session) before the measure may be considered in the House. 
  The rule permits consideration of a measure on the third day a report 
  is available rather than on the fourth day following its availability. 
  Manual Sec. 850. The three-day rule runs anew from the time of 
  availability of a supplemental report to correct a technical error in 
  a previous report, except to correct errors in the depiction of record 
  votes. Rule XIII clause 3(a); Deschler Ch 17 Sec. 64.1.
      Rule XIII clause 4 exempts the following from the three-day 
  layover requirement:

     A resolution from the Committee on Rules providing a rule, 
         joint rule, or order of business (clause 4(a)(2)(A)), such 
         reports being subject to a separate one-day layover requirement 
         unless the House determines by a vote of two-thirds to consider 
         the resolution on the same day (clause 6(a)(1)).
     A resolution from the Committee on House Administration 
         providing committee expenses (clause 4(a)(2)(B)), such reports 
         being subject to a separate one-day layover requirement (rule X 
         clause 6(a)).
     A bill called from the Corrections Calendar under rule XV 
         clause 6. Clause 4(a)(2)(C).
     A resolution presenting a question of the privileges of the 
         House. Clause 4(a)(2)(D).
     A measure for the declaration of war or national emergency. 
         Clause 4(a)(2)(E).
     A measure providing approval or disapproval of impending 
         actions or determinations by a government agency. Clause 
         4(a)(2)(F).

      Points of order against consideration of a bill for failure of the 
  report thereon to be available for three days may be waived pursuant 
  to a resolution from the Committee on Rules (see e.g., 106-1, H. Res. 
  136, Apr. 13, 1999, p ____), which waiver may be called up the same 
  day reported from Committee on Rules without a two-thirds vote (rule 
  XIII clause 6(a)(2)).

[[Page 293]]

  Sec. 36 . Points of Order Relating to Reports

                                 Generally

      A point of order will lie in the House against consideration of a 
  measure for failure of the committee report on the measure to include 
  any of the reporting requirements outlined in section 29, supra.
      A point of order will also lie in the House against consideration 
  of a measure for failure of the committee report to meet the 
  availability requirements (Sec. 35, supra) and to report a measure 
  without a sufficient quorum (Sec. 21, supra).
      Points of order against consideration for noncompliance with the 
  rules in the preparation of the report should be made in the House. A 
  point of order that a committee report is not in proper form does not 
  lie in the Committee of the Whole. Deschler-Brown Ch 29 Sec. 20.28.
      The Chair does not rule on points of order relating to the 
  sufficiency, insufficiency, or legal effect of committee reports, 
  those being matters for the House to decide. 4 Hinds Sec. 1339; 
  Deschler Ch 17 Sec. Sec. 58.3, 58.4. Similarly, a point of order will 
  not lie against a committee report that included an executive 
  communication on the ground that the communication failed to comply 
  with the statute that required the communication. Deschler Ch 17 
  Sec. 58.1.
      Points of order as to reports on appropriation bills, see 
  Appropriations.

                          Waiving Points of Order

      Points of order against a measure for defects in a committee 
  report may be waived by adoption of a rule from the Committee on 
  Rules, an order of the House granted by unanimous consent, and by 
  consideration of the bill under suspension of the rules. Deschler Ch 
  17 Sec. 58.


[[Page 295]]

 
                   CHAPTER 12 - COMMITTEES OF THE WHOLE

                              HOUSE PRACTICE

              A. Generally

  Sec.  1. In General
  Sec.  2. Jurisdiction and Authority; Reference
  Sec.  3. Matters Requiring Consideration in the Committee of the Whole
  Sec.  4. -- Amendments between the Houses
  Sec.  5. Resolving Into the Committee of the Whole
  Sec.  6. -- By Motion
  Sec.  7. The Chairman
  Sec.  8. -- Limitations on Jurisdiction and Authority of Chairman

              B. Consideration and Debate in Committee

  Sec.  9. In General; Quorums
  Sec. 10. First Reading
  Sec. 11. General Debate
  Sec. 12. -- Closing General Debate
  Sec. 13. Debate Under the Five-minute Rule; Amendments
  Sec. 14. -- Pro Forma Amendments
  Sec. 15. Relevancy in Debate
  Sec. 16. Calling Members to Order
  Sec. 17. Voting
  Sec. 18. Points of Order
  Sec. 19. Unfinished Business

              C. Motions in Committee

  Sec. 20. In General
  Sec. 21. Precedence of Motions
  Sec. 22. Motion Relating to Enacting Clause
  Sec. 23. -- When in Order
  Sec. 24. -- Debate

              D. Rising; Reporting to the House

  Sec. 25. Generally
  Sec. 26. Motions to Rise

[[Page 296]]

  Sec. 27. -- When in Order
  Sec. 28. -- Who May Offer
  Sec. 29. Reporting to the House
  Sec. 30. House Action on Committee Reports
        Research References
          4 Hinds Sec. Sec. 4704-4922
          8 Cannon Sec. Sec. 2318-2430
          Deschler Ch 19
          Manual Sec. Sec. 326-340; 970-993


                               A. Generally


  Sec. 1 . In General

                 Role and Functions; Historical Background

      The Committee of the Whole has been described as an ancient 
  parliamentary institution, having been derived from the practice of 
  the English House of Commons. 4 Hinds Sec. 4705; Deschler Ch 19 
  Sec. 5. The Continental Congress frequently used the Committee of the 
  Whole for important business. The concept that the Committee of the 
  Whole should receive what were called ``the greater matters of 
  legislation'' has gradually resulted in the usage now crystallized in 
  rule XVIII clause 3, which requires the reference to its calendar of 
  all bills directly or indirectly raising revenue, general 
  appropriation bills, and public bills appropriating money or property. 
  See 4 Hinds Sec. 4705.
      The Committee of the Whole meets to consider matters referred to 
  it under rules designed to expedite consideration and to allow greater 
  participation by Members in debate. The Committee of the Whole is in 
  this respect comparable to a standing committee. 4 Hinds Sec. 4706. 
  The Committee of the Whole is never completely dissolved. The House 
  merely resolves into and out of Committee of the Whole, and bills 
  remain on its calendar until reported after consideration. 4 Hinds 
  Sec. 4705.
      Every Member of the House is a member of the Committee of the 
  Whole. However, the Committee may sit with a smaller number (100 
  Members) than is required to transact business in the House (218 
  Members). Rule XVIII clause 6(a); quorums generally, see Quorums.

                 Distinguishing the Committee of the Whole

      The term ``Committee of the Whole'' refers to the Committee of the 
  Whole House on the state of the Union, which considers public bills. 
  Desch

[[Page 297]]

  ler Ch 19 Sec. 1. Prior to 1935, the term was also used to refer to 
  the ``Committee of the Whole House,'' which formerly considered 
  business on the Private Calendar. Since 1935, however, bills on the 
  Private Calendar have been considered in the House as in the Committee 
  of the Whole. Thus, the term ``Committee of the Whole House'' has no 
  application in the modern practice of the House (Deschler Ch 19 
  Sec. 1) and was deleted from the rules when they were recodified in 
  1999.

                  House as in the Committee of the Whole

      When the House sits as in the Committee of the Whole, it does not 
  actually resolve into the committee; it sits ``as in'' Committee of 
  the Whole to allow consideration of bills under the five-minute rule 
  without general debate and with the bill considered as read and open 
  to amendment at any point. Manual Sec. Sec. 424, 427; 4 Hinds 
  Sec. 4924. This practice is permitted in the consideration of public 
  bills only by unanimous consent or pursuant to a special rule from the 
  Committee on Rules. Manual Sec. 424. A motion that a proposition be 
  considered under that procedure is not in order. Manual Sec. 424; 4 
  Hinds Sec. 4923.
      The Speaker remains in the Chair, and a quorum of the House (and 
  not of the Committee of the Whole) is required. 6 Cannon Sec. 639. The 
  measure is considered to have been read for amendment, and is open to 
  amendment at any point. Manual Sec. 424. A motion to close debate on 
  the pending measure (or an amendment) is in order. Manual Sec. 427.
      When the House is sitting as in the Committee of the Whole, it may 
  invoke many procedures that are not available to it when it is meeting 
  in the Committee of the Whole. Manual Sec. 427. For example, it may:

     Order the yeas and nays by one-fifth of those present or upon 
         objection for lack of a quorum. 4 Hinds Sec. 4923.
     Receive messages from the President or the Senate. 4 Hinds 
         Sec. 4923.
     Permit withdrawal of amendments before action thereon. 4 Hinds 
         Sec. 4935.
     Refer to a committee. 4 Hinds Sec. Sec. 4931, 4932.
     Entertain the previous question. 4 Hinds Sec. Sec. 4926-4929; 
         6 Cannon Sec. 639.
     Entertain the motion to reconsider. 8 Cannon Sec. 2793.
     Entertain motions to adjourn. 4 Hinds Sec. 4923.

      The procedures applicable in the House as in the Committee of the 
  Whole apply generally to proceedings in standing committees of the 
  House. Manual Sec. 427; see also Committees.

                         Significance of the Mace

      The position of the mace in the Chamber signifies to the Members 
  whether the House has resolved itself into the Committee of the Whole.

[[Page 298]]

   When the mace is in position on the higher pedestal at the Speaker's 
  right, the House is in regular session. When the Members begin 
  deliberations in the Committee of the Whole, the mace is placed on the 
  lower pedestal next to the desk of the Sergeant-at-Arms. Deschler Ch 
  19 Sec. 1.1.


  Sec. 2 . Jurisdiction and Authority; Reference

                          Generally; Public Bills

      Under rule XIII clause 1(a)(1), bills raising revenue, general 
  appropriation bills, and bills of a public character directly or 
  indirectly appropriating money or property are referred to the Union 
  Calendar and considered in the Committee of the Whole. See also rule 
  XVIII clause 3. Where the purpose of a bill is to raise revenue, even 
  though that purpose is affected indirectly, the bill is within the 
  jurisdiction of the Committee of the Whole. 8 Cannon Sec. 2399.
      Whether a bill should be referred to the Union Calendar is 
  governed by the text of the bill as referred to committees, and 
  amendments reported by the committee reporting it are not considered. 
  Thus, a bill that includes a charge on the Treasury is referred to the 
  Union Calendar notwithstanding a committee amendment striking that 
  charge. 8 Cannon Sec. 2392.

                     Measures Other Than Public Bills

      Although the jurisdiction of the Committee of the Whole is devoted 
  primarily to the consideration of public bills, other matters are 
  sometimes referred to the Committee pursuant to House order. For 
  example, the annual message of the President is customarily referred 
  to the Committee of the Whole by motion. Propositions to change the 
  rules of the House have been considered in Committee of the Whole 
  pursuant to a special order. 4 Hinds Sec. 4822; Deschler Ch 21 
  Sec. 21.15.

                    Referrals; Effect of Special Rules

      Measures referred by the Speaker to the Union Calendar for 
  subsequent consideration in the Committee of the Whole are considered 
  therein under special rules reported by the Committee on Rules or by 
  the standing rules applicable to the Committee of the Whole. See rule 
  XVIII.
      The Committee has no authority to change an order of the House 
  governing the consideration of a particular measure in the Committee 
  of the Whole, although minor modifications may be accomplished by 
  unanimous consent. Manual Sec. 993; see also Special Rules. Thus, 
  where the Committee of the Whole is considering a bill under a special 
  rule that fixes the time for debate and the amendments that may be 
  offered, a Member may be denied recognition to seek unanimous consent 
  to offer a measure that is

[[Page 299]]

  beyond the scope of the special rule (4 Hinds Sec. Sec. 4712, 4713) or 
  to extend the time for general debate as fixed thereby (5 Hinds 
  Sec. Sec. 5212-5216).
      Bills are sometimes referred to the Committee of the Whole as a 
  result of action in the House resulting in its recommittal thereto 
  (Manual Sec. 988; 4 Hinds Sec. 4784) or in unusual situations pursuant 
  to a motion to recommit in the House either with or without 
  instructions (5 Hinds Sec. Sec. 5552, 5553).

                           Presidential Messages

      The President's state of the Union message is referred by motion 
  to the Committee of the Whole. See, e.g., 106-2, Jan. 31, 2000, p 
  ____. Other Presidential messages are normally referred to the 
  committee having jurisdiction by order of the Speaker. Manual 
  Sec. 873. At one time, annual messages of the President were referred 
  to and reported by the Committee of the Whole with recommendations for 
  reference to the proper standing or select committee, but this 
  practice was discontinued in the 64th Congress. 8 Cannon Sec. 3350.

                         Limitations on Authority

      Many procedures and motions traditionally available in the House 
  may not be invoked in the Committee of the Whole. See Sec. 8, infra. 
  For example, the Committee of the Whole may not:

     Appoint, authorize, or discharge committees. 4 Hinds 
         Sec. Sec. 4697, 4710.
     Entertain the question of consideration (7 Cannon Sec. 952) 
         except pursuant to those provisions of the Unfunded Mandates 
         Reform Act of 1995 that permit the question of consideration in 
         the disposition of certain points of order (Manual 
         Sec. Sec. 910, 991).
     Transact proceedings regarding words demanded to be taken down 
         in debate. 2 Hinds Sec. Sec. 1257-1259; 8 Cannon Sec. 2539.
     Recess without permission of the House. 5 Hinds 
         Sec. Sec. 6669-6671.
     Instruct conferees. 8 Cannon Sec. 2320.
     Consider questions of privilege under rule IX. Manual 
         Sec. 711; 2 Hinds Sec. 1657; Deschler Ch 11 Sec. 4.3.
     Authorize extraneous matter to be included in the 
         Congressional Record. Manual Sec. 688.

      Similarly, unanimous-consent requests may not be entertained in 
  the Committee of the Whole by the Chair if their they materially alter 
  proce

[[Page 300]]

  dures required by special rule or order adopted by the House. For 
  example, the Committee of the Whole may not:

     Permit a perfecting amendment to be offered to the underlying 
         bill where a special rule permitted its consideration only as a 
         perfecting amendment to a committee amendment.
     Permit a substitute to be read by sections for amendment where 
         the special rule did not so provide.
     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.
     Restrict authority granted in a special order to offer 
         amendments ``en bloc.''
     Change the scheme for control or duration of general debate 
         specified by the House.
     Reduce below 15 minutes the minimum time for recorded votes.
     Preempt the Chair's discretion to postpone and cluster votes 
         and schedule further consideration of a pending measure on a 
         subsequent day.
     Permit an amendment to an amendment rendered unamendable by a 
         special order or permit a subsequent amendment changing an 
         unamendable amendment already adopted.
     Permit consideration of an amendment out of the order 
         specified in a special rule.
     Permit consideration of an additional amendment or authorize a 
         supplemental report from the Committee on Rules in lieu of the 
         original report referred to in the special order.
     Permit another to offer an amendment vested in a specified 
         Member.
     Permit a division of the question on an amendment rendered 
         indivisible by a special order.

  Manual Sec. 993.

      Where the Committee of the Whole reports a recommendation that is 
  ruled out as in excess of its powers, it is held that the accompanying 
  bill stands recommitted to the Committee of the Whole. Manual 
  Sec. 335; 4 Hinds Sec. 4908.
      On the other hand, unanimous-consent requests may be entertained 
  in the Committee of the Whole by the Chair if they do not materially 
  alter procedures required by special rule or order adopted by the 
  House. For ex

[[Page 301]]

  ample, unanimous-consent requests have been entertained in the 
  Committee of the Whole to:

     Permit the modification of a designated amendment made in 
         order by a special rule, once offered, if the request is 
         propounded by the proponent of the amendment, including as 
         unfinished business where proceedings on a request for a 
         recorded vote have been postponed.
     Permit a page reference to be included in a designated 
         amendment made in order as printed where the printed amendment 
         did not include that reference.
     Permit a supporter of an amendment to claim debate time 
         allocated by special order to an opponent, where no opponent 
         seeks recognition.
     Shorten the time set by special order for debate on a 
         particular amendment.
     Lengthen the time set by special order for debate on a 
         particular amendment under terms of control congruent with 
         those set by the order of the House.
     Permit en bloc consideration of several amendments under a 
         ``modified-closed'' special order providing for the sequential 
         consideration of designated separate amendments.
     Permit one of two committees controlling time for general 
         debate pursuant to a special order to yield control of its time 
         to the other.
     Permit the offering of pro forma amendments for the purpose of 
         debate under a ``modified-closed'' special order limiting both 
         amendments and debate thereon.
     Reach ahead in the reading of a general appropriation bill to 
         consider one amendment without prejudice to others earlier in 
         the bill under a special order of the House contemplating that 
         each remaining amendment be offered only at the ``appropriate 
         point in the reading of the bill.''
     Permit the reading of an amendment that already was considered 
         as read under the special order of the House.

  Manual Sec. 993.

                      Authority to Originate Measures

      In the early practice, the Committee of the Whole could consider a 
  matter even though the matter had not been referred to it by the 
  House. 4 Hinds Sec. 4705. Today, the Committee of the Whole no longer 
  originates measures, but receives only such as have been referred to 
  it, usually by way of a special rule from the Committee on Rules. 
  Manual Sec. 326; 4 Hinds Sec. 4707. Under this practice, the House may 
  not resolve into the Committee of the Whole for the purpose of 
  originating a measure except by unanimous consent. Manual Sec. 412. 
  Absent an appropriate referral, the Committee of the Whole may not 
  report a recommendation, that, if carried into effect, would change a 
  rule of the House. 4 Hinds Sec. Sec. 4907, 4908.

[[Page 302]]

                            Conference Reports

      Conference reports are considered in the House rather than in the 
  Committee of the Whole, and this is so notwithstanding a point of 
  order that the report contains matter ordinarily requiring 
  consideration in the Committee. 5 Hinds Sec. Sec. 6559, 6561.


  Sec. 3 . Matters Requiring Consideration in the Committee of the Whole

                                 Generally

      Rule XVIII clause 3 specifies the matters that must be considered 
  in the Committee of the Whole before consideration in the House. The 
  matters so specified include all motions or propositions involving a 
  tax or charge upon the people, all proceedings involving 
  appropriations of money or property, requiring such appropriation to 
  be made, or authorizing payments out of appropriations already made. 
  Also included within the rule are bills releasing any liability to the 
  United States for money or property, or referring any claim to the 
  Court of Claims. A point of order under this rule may be raised at any 
  time before the consideration of a bill has commenced. Manual 
  Sec. 976.
      The giving of unanimous consent for the consideration of a measure 
  waives any requirement as to consideration in Committee of the Whole. 
  4 Hinds Sec. 4823; 8 Cannon Sec. 2393. Similarly, the effect of a 
  special order may be to discharge the Committee of the Whole and bring 
  the bill directly before the House. Manual Sec. 975. In the modern 
  practice, special orders reported from the Committee on Rules often 
  provide for consideration of a measure on the Union Calendar in the 
  House where no amendments, or only one amendment, are made in order. 
  See, e.g., 107-1, H. Res. 199, Apr. 26, 2001, p ____.
      The requirement of rule XVIII clause 3 is that the class of 
  business specified by the rule must be ``first'' considered in the 
  Committee of the Whole. Manual Sec. 973. It follows that a bill 
  considered in the Committee of the Whole, reported to the House, and 
  then recommitted by the House to a standing committee, is not, when 
  again reported to the House, necessarily subject to the point of order 
  that it must be considered in Committee of the Whole. Manual Sec. 975; 
  4 Hinds Sec. 4828; 5 Hinds Sec. Sec. 5545, 5546.

[[Page 303]]

      Measures Requiring Consideration in the Committee of the Whole

      The following bills require consideration in the Committee of the 
  Whole:

     Increasing the rate of postage. 4 Hinds Sec. 4861.
     Creating a new Federal office. 4 Hinds Sec. 4846.
     Authorizing an undertaking by a government agency that will 
         incur an expense, however small, to the government. 8 Cannon 
         Sec. 2401.
     Requiring an expenditure with some probability. Deschler Ch 19 
         Sec. 1.
     Setting in motion a chain of circumstances destined ultimately 
         to involve certain expenditures. 4 Hinds Sec. 4827; 8 Cannon 
         Sec. 2399.

    Measures Held Not to Require Consideration in the Committee of the 
                                   Whole

      The following measures do not require consideration in the 
  Committee of the Whole:

     A bill that does not directly make an appropriation of money 
         or require one to be made, and that can be executed without 
         such funds. 4 Hinds Sec. 4856.
     A bill making an expenditure that is to be borne otherwise 
         than by the Federal Government. 4 Hinds Sec. 4831.
     A joint resolution proposing an amendment to the Constitution 
         to extend the term of office of certain officials. 8 Cannon 
         Sec. 2395.


  Sec. 4 . -- Amendments between the Houses

      Rule XVIII clause 3, requiring that any proposition involving a 
  tax or an appropriation of money or property must be considered in the 
  Committee of the Whole, is applicable to Senate amendments to House 
  measures. Sec. 3, supra. Accordingly, where a House bill returned with 
  Senate amendments involving a new matter of appropriation has been 
  referred by the Speaker to a standing committee, it is, upon being 
  reported therefrom, referred directly to the Committee of the Whole. 
  Manual Sec. 874; 4 Hinds Sec. Sec. 3094, 3108-3110. Similarly, a House 
  amendment to a Senate amendment is subject to clause 3. 4 Hinds 
  Sec. 4795. Normally, such Senate amendments are held at the Speaker's 
  desk (pursuant to the Speaker's discretionary authority under rule XIV 
  clause 2(b)) for disposition by the House by unanimous consent or 
  special order and are not referred to committee. Manual Sec. Sec. 874, 
  1073.
      The question as to whether a Senate amendment involves a tax or an 
  appropriation so as to require consideration in Committee of the Whole 
  is applied to each amendment received from the Senate. The fact that 
  the origi

[[Page 304]]

  nal House bill was considered in Committee of the Whole is not taken 
  into consideration in determining this question. 8 Cannon Sec. 2381.
      A Senate amendment to a House bill is subject to the point of 
  order that it must first be considered in the Committee of the Whole 
  if, originating in the House, the amendment would be subject to that 
  point of order. Rule XXII clause 3; Manual Sec. 1072. Hence, a Senate 
  amendment that on its face places a charge on the Treasury must be 
  considered in Committee of the Whole absent proof to the contrary. 8 
  Cannon Sec. 2387. However, a Senate amendment that merely modifies a 
  House proposition, such as an increase or decrease in the amount of an 
  appropriation and that does not involve a new and distinct 
  expenditure, is not required to be considered in the Committee of the 
  Whole. Manual Sec. 1073; 4 Hinds Sec. Sec. 4797, 4800; 8 Cannon 
  Sec. Sec. 2382, 2385. Moreover, the requirement that certain Senate 
  amendments be considered in the Committee of the Whole applies only 
  before the stage of disagreement has been reached on the Senate 
  amendment (and not thereafter), and it is too late to raise a point of 
  order that Senate amendments should have been considered in the 
  Committee after the House has disagreed thereto and the amendments are 
  reported from conference in disagreement. Manual Sec. Sec. 1073, 1074. 
  The fact that one of several Senate amendments must be considered in 
  Committee does not prevent the House from proceeding with the 
  disposition of those not subject to the point of order. 4 Hinds 
  Sec. 4807.
      The requirement of rule XXII clause 3 that the amendment be 
  ``first considered'' in the Committee of the Whole does not apply if 
  the House has agreed to a special order providing that the amendment 
  is ``hereby'' considered as adopted. Manual Sec. 1073.


  Sec. 5 . Resolving Into the Committee of the Whole

                     Generally; Declaration by Speaker

      The House may resolve into the Committee of the Whole pursuant to 
  motion or by declaration of the Speaker pursuant to rule XVIII clause 
  2 after the House has adopted a special rule from the Committee on 
  Rules providing for consideration of a measure in the Committee of the 
  Whole and permitting such declaration. 4 Hinds Sec. 3214; 7 Cannon 
  Sec. Sec. 783, 794; Deschler Ch 19 Sec. 4; Sec. 6, infra. When 
  employing the latter method, the Speaker may at any time after 
  adoption of the resolution, when no other question is pending, declare 
  the House resolved into the Committee of the Whole for consideration 
  of a measure. Under the modern practice, this is the generally used 
  mechanism for resolving into the Committee for the con

[[Page 305]]

  sideration of both nonprivileged bills and privileged general 
  appropriation bills.

          Resolving Automatically Into the Committee of the Whole

      The House automatically and without motion resolves itself into 
  the Committee of the Whole to consider a measure:

     When a special rule from the Committee on Rules provides for 
         the immediate consideration of the measure in the Committee of 
         the Whole. 7 Cannon Sec. Sec. 783, 794; Deschler Ch 19 
         Sec. 4.1.
     After the Speaker has ruled on words taken down in the 
         Committee of the Whole. Deschler Ch 19 Sec. 4.8.
     After a recommendation of the Committee of the Whole that the 
         enacting clause of the measure be stricken is rejected by the 
         House. Deschler Ch 19 Sec. 10.9.
     When a bill on the Union Calendar is timely called up (or is 
         the unfinished business) on Calendar Wednesday. Manual 
         Sec. 901; 7 Cannon Sec. Sec. 939, 940, 942.


  Sec. 6 . -- By Motion

      The House may resolve into Committee of the Whole pursuant to 
  motion (Deschler Ch 19 Sec. 4), as follows:

      Member: Mr. Speaker, I move that the House resolve itself into the 
    Committee of the Whole House on the state of the Union for the 
    [further] consideration of  __________.

      This motion is listed eighth in the daily order of business. 
  Manual Sec. 869. However, the motion is usually given more 
  preferential status by the adoption of a special rule reported from 
  the Committee on Rules. Deschler Ch 19 Sec. 4. Where a motion that the 
  House resolve itself into the Committee of the Whole is pending, the 
  motion that the Committee be discharged and that the bill be laid on 
  the table is not preferential and not in order. Deschler Ch 19 
  Sec. 4.13. The question of consideration may not be raised against the 
  motion to resolve into the Committee, for the motion to resolve is 
  itself a test of the will of the House on consideration. Deschler Ch 
  19 Sec. 4.10.
      A Member may withdraw his motion that the House resolve itself 
  into the Committee of the Whole at any time before the motion is acted 
  upon. Deschler Ch 19 Sec. 4.11.
      A motion to resolve into the Committee of the Whole to consider 
  general appropriation bills and continuing appropriations after 
  September 15 is privileged under rule XIII clause 5, if called up by 
  direction of the Committee on Appropriations. Manual Sec. Sec. 853, 
  856. The motion is in order under this rule on District Mondays and on 
  Wednesdays, subject to the limitations

[[Page 306]]

  of the Calendar Wednesday rule. Manual Sec. Sec. 856, 894, 901; 8 
  Cannon Sec. Sec. 876, 1123. The motion is neither debatable nor 
  amendable (4 Hinds Sec. 3078), is not subject to a demand for the 
  previous question (4 Hinds Sec. 3077), and may not be laid on the 
  table or indefinitely postponed (6 Cannon Sec. 726).
      Prior to 1975 the use of the motion to consider revenue bills in 
  the Committee of the Whole was of equal privilege, but there no longer 
  is a privileged status for the motion to resolve into Committee of the 
  Whole to consider bills raising revenue. Manual Sec. 856; Deschler Ch 
  19 Sec. 4, note 17. Although highly privileged, the motion does not 
  take precedence over a motion to reconsider or a motion to change the 
  reference of a bill. 4 Hinds Sec. 3087; 7 Cannon Sec. 2124.
      After refusing to go into Committee of the Whole to consider a 
  particular bill, the House may then consider business prescribed by 
  the regular order. 4 Hinds Sec. 3088. Thus, the House may reach 
  legislation of lesser privilege by rejecting the motion to resolve 
  into the Committee of the Whole to consider an appropriation bill. 
  Deschler Ch 19 Sec. 4.4. Nonprivileged matters are considered in the 
  Committee of the Whole pursuant to a special rule from the Committee 
  on Rules or pursuant to a unanimous-consent request.
      Under rule XVIII clause 4, the Committee of the Whole can 
  determine its own order of business unless the House so determines, 
  with general appropriation bills taking precedence. This procedure is 
  not used in modern practice.


  Sec. 7 . The Chairman

      The Chairman of the Committee of the Whole is appointed by the 
  Speaker. Manual Sec. 970. Following a custom of the British 
  Parliament, the House requires the Speaker ``in all cases'' to leave 
  the Chair after appointing the Chairman. Manual Sec. 970; Deschler Ch 
  19 Sec. 5. Where the Member named by the Speaker to act as Chairman is 
  unavailable, the Speaker may ask another Member to assume the Chair as 
  Chairman pro tempore. Where the Member appointed to preside over the 
  Committee of the Whole is a female Member, the proper form of address 
  is ``Madam Chairman.'' Deschler Ch 19 Sec. 5.3.
      In general, the Chairman recognizes for debate and decides 
  questions of order arising in the Committee of the Whole independently 
  of the Speaker. Deschler Ch 19 Sec. 5.1. Where words are ``taken 
  down'' in debate, the Chairman reports them to the Speaker, who rules 
  on their admissibility. Otherwise, points of order relating to 
  procedure in the Committee of the Whole are decided by the Chairman. 
  Manual Sec. 961; 5 Hinds Sec. 6927; Sec. 16, infra. An

[[Page 307]]

  appeal from the Chairman's ruling may be made to the full Committee (5 
  Hinds Sec. 6928; Deschler Ch 19 Sec. 9.1), or, in exceptional cases, 
  the Committee of the Whole may rise and report the question to the 
  House (4 Hinds Sec. 4783).
      The Chairman has a duty to call to order any Member who violates 
  the privileges of debate with respect to the Senate. 8 Cannon 
  Sec. Sec. 2515, 2520. Under rule XVIII clause 1, he may cause the 
  galleries or lobbies to be cleared in case of disturbance or 
  disorderly conduct. Manual Sec. Sec. 971, 973.
      The Chairman directs the Committee of the Whole to rise when the 
  hour previously fixed for adjournment arrives, when the hour fixed by 
  the House for termination of the consideration of the bill in 
  Committee arrives or when a rule provides for automatic rising after 
  general debate. Manual Sec. 971.


  Sec. 8 . -- Limitations on Jurisdiction and Authority of Chairman

      The functions of the Chairman of the Committee of the Whole are 
  not unlimited; certain determinations are reserved to the Speaker, the 
  House, or the Committee itself. Manual Sec. 971. Thus, the Chairman 
  does not:

     Decide whether the Committee may sit in executive session 
         (reserved to the House). Deschler Ch 19 Sec. 7.18.
     Entertain unanimous consent requests to change an order of the 
         House governing the consideration of the measure in the 
         Committee of the Whole. Manual Sec. 993.
     Respond to inquiries concerning the legislative schedule 
         outside the Committee of the Whole (97-2, July 29, 1982, p 
         18605); including whether or when a pending bill will be taken 
         up again after the Committee rises (Deschler Ch 19 
         Sec. Sec. 7.14, 7.15).
     Rule on procedural questions that may arise when a bill is 
         reported back to the House (Deschler Ch 19 Sec. 7.10) or 
         predict what action may take place in the House after the 
         Committee of the Whole rises (Deschler Ch 19 Sec. 7.9).
     Consider a question that had arisen in the House just before 
         the Committee began to sit. Manual Sec. 971.
     Interpret the application of a rule of the House that sets 
         forth the vote required to adopt a resolution in the House. 
         Deschler Ch 19 Sec. 7.13.
     Determine whether the House can rescind a time limitation 
         imposed by the Committee. Deschler Ch 19 Sec. 7.12.
     Determine the privileges of a Member under general ``leave to 
         print.'' 5 Hinds Sec. 6988.

      For a limitation on the authority of the Committee of the Whole, 
  see Manual Sec. 993; Sec. 2, supra. For the practice governing the 
  Chair in deciding points of order and responding to parliamentary 
  inquiries (both Speaker and

[[Page 308]]

  Chairman of the Committee of the Whole), see Points of Order; 
  Parliamentary Inquiries; Manual Sec. 628.


                 B. Consideration and Debate in Committee


  Sec. 9 . In General; Quorums

                                 Generally

      The conditions under which a particular measure is to be 
  considered and debated are ordinarily determined pursuant to a special 
  rule from the Committee on Rules or other House order. The Committee 
  of the Whole may not set aside or materially modify such an order, 
  even by unanimous consent. Manual Sec. 993.

                            Quorum Requirements

      Until 1890 a quorum of the Committee of the Whole was the same as 
  a quorum of the House. Manual Sec. 329. In that year a rule was 
  adopted fixing a quorum of the Committee of the Whole at 100 Members. 
  Manual Sec. 982. Where the Chair has announced the absence of a quorum 
  in the Committee of the Whole, no further business may be conducted 
  until a quorum is established. Manual Sec. 982. When a vote is taken 
  in Committee of the Whole notwithstanding the absence of a quorum, a 
  timely point of order having been made, the vote is invalid. 6 Cannon 
  Sec. Sec. 676, 677. However, a quorum is inferred (or presumed) if no 
  question is raised with respect thereto; that is, a quorum is presumed 
  to be present unless otherwise determined. See 4 Hinds Sec. 2895; 6 
  Cannon Sec. Sec. 565, 624.
      Under the modern practice, when a Committee of the Whole finds 
  itself without a quorum and a timely point of order is made, the 
  Chairman directs that the Members record their presence by electronic 
  device. Manual Sec. 982. It is a quorum of the Committee of the 
  Whole--100 Members--and not a quorum of the House, which must appear. 
  Deschler Ch 20 Sec. 7.1. In ascertaining the presence of a quorum, the 
  Chairman includes those Members present but not voting as well as 
  those voting. 6 Cannon Sec. Sec. 641, 671; Deschler Ch 20 Sec. 7.7.
      Where, following a timely point of order, the Chair announces that 
  a quorum is not present, a motion that the Committee of the Whole rise 
  is in order and does not require a quorum for adoption. 8 Cannon 
  Sec. 2369; Deschler Ch 20 Sec. 7.13. If a quorum develops on a 
  negative vote on the motion to rise, the Committee of the Whole 
  proceeds with its business. 6 Cannon Sec. Sec. 670, 671; 8 Cannon 
  Sec. 2369. For a discussion of motions to rise generally, see 
  Sec. Sec. 26-28, infra.

[[Page 309]]

      Rule XVIII clause 6 sharply limits the circumstances under which a 
  point of order of no quorum may be raised once the House has resolved 
  into Committee. After a quorum has been established in the Committee 
  of the Whole on any given day (by quorum call or recorded vote), the 
  Chairman may not thereafter entertain a point of order that a quorum 
  is not present unless (1) the Committee of the Whole is operating 
  under the five-minute rule (which has been interpreted to include any 
  ``modified-closed'' amendment process under the terms of a special 
  order) and (2) the Chairman has put the pending motion or proposition 
  to a vote. Manual Sec. 982. During general debate, there is no 
  requirement of a quorum; but the Chairman is given the discretion to 
  recognize for a point of order of no quorum. Rule XVIII clause 
  6(b)(1).
      The Chairman must entertain a point of order of no quorum during 
  the five-minute rule if a quorum has not yet been established in the 
  Committee of the Whole on the bill then pending; the fact that a 
  quorum of the Committee has previously been established on another 
  bill on that day is irrelevant. Manual Sec. 982. This precedent 
  applies even when a measure is considered in the Committee of the 
  Whole under a modified-closed rule that specifies the amendments that 
  may be offered and establishes the time for their debate, such rule 
  declaring the measure read for amendment under the five-minute rule. 
  Where a recorded vote on a prior amendment or motion during the five-
  minute rule on that bill on that day has established a quorum, a 
  subsequent point of order of no quorum during debate is precluded 
  except by unanimous consent. Manual Sec. 982.


  Sec. 10 . First Reading

      When a bill is taken up in the Committee of the Whole, rule XVIII 
  clause 5(a) requires its reading in full before general debate begins, 
  unless such reading has been properly dispensed with by unanimous 
  consent or by a rule from the Committee on Rules. The first reading is 
  normally dispensed with. Manual Sec. 942. A motion to dispense with 
  the first reading of the bill is not in order. 8 Cannon 
  Sec. Sec. 2335, 2436.


  Sec. 11 . General Debate

                           Control by the House

      The duration and allocation of time for general debate in 
  Committee of the Whole is controlled by the House, not the Committee. 
  91-2, Dec. 17, 1970, p 42222. The Committee may not, even by unanimous 
  consent, extend the general debate time as fixed by the House. Manual 
  Sec. Sec. 979, 993.

[[Page 310]]

      The control of the House over general debate time in the Committee 
  of the Whole may be exercised through the adoption of a unanimous-
  consent request or through the adoption of a special rule from the 
  Committee on Rules. See, e.g., Deschler-Brown Ch 29 Sec. Sec. 76.1, 
  76.7. Where the House has divided general debate time among certain 
  Members, it is not in order for a Member to whom time has been yielded 
  to ask unanimous consent for additional time because time is 
  controlled by those to whom it is allotted by the House and is not 
  subject to extension by the Committee of the Whole. Manual Sec. 979. 
  However, time may be reallocated by unanimous consent.
      When the House has vested control of general debate in the 
  Committee of the Whole in certain Members, their control may not be 
  abrogated during that debate by another Member moving to rise, unless 
  one of them yields for that purpose, nor may Members yielded time in 
  general debate yield to another for such motion. Manual Sec. 334.

                               The Hour Rule

      In the absence of a House order limiting general debate in 
  Committee of the Whole, debate in the Committee of the Whole is under 
  the hour rule. A Member having control of such time may not consume 
  more than one hour. Manual Sec. 978.
      Prior to 1841 there was no limit on the time that a Member might 
  occupy when in possession of the floor in the Committee of the Whole. 
  This practice hindered the ability of the Committee of the Whole to 
  complete action on bills. 5 Hinds Sec. 5221. In that year the rule of 
  the House that no Member could speak for more than one hour was 
  applied to the Committee of the Whole. Manual Sec. Sec. 957, 978. This 
  one-hour limitation applies to each Member recognized to speak in the 
  Committee of the Whole. Deschler Ch 19 Sec. 15. No matter how much 
  time may have been placed within the control of those representing the 
  two sides of a question, it must be assigned to Members in accordance 
  with the rule limiting each Member to no more than one hour of debate 
  time. 5 Hinds Sec. Sec. 5005, 5006. However, a Member recognized for 
  one hour of debate may yield time to a Member who has just occupied an 
  hour in his own right. 8 Cannon Sec. 2470.

                               Yielding Time

      A Member engaged in general debate under the hour rule in 
  Committee of the Whole may yield any portion of his time to another 
  Member, who may in turn seek the consent of the Member originally 
  holding the floor to yield to a third Member. 8 Cannon Sec. 2553. Of 
  course, if the first Member retains control of the floor, yielding to 
  a second Member only for a ques

[[Page 311]]

  tion, it is the first Member who would subsequently yield to a third. 
  Deschler Ch 19 Sec. 15. Conversely, where a matter is being debated 
  pursuant to a special order vesting control of the time for debate in 
  certain Members, one of those Members may yield a specific block of 
  time to a second Member, in which case the second Member may yield to 
  a third (although not a block of time) while remaining on his feet, 
  and permission of the first Member is not necessary. Deschler Ch 19 
  Sec. 15.
      Members may speak in general debate on a bill as many times as 
  they are yielded to by those in control of the debate. Manual 
  Sec. 959; Deschler Ch 19 Sec. 15.8. Those in control of such debate 
  time may yield as many times as they desire to whom they desire. 
  Deschler Ch 19 Sec. 15.4.


  Sec. 12 . -- Closing General Debate

      The right to close general debate inures to the majority manager 
  of the primary committee who has opened. Manual Sec. 979. General 
  debate in Committee of the Whole is closed or terminated pursuant to 
  an order of the House or sooner if no Member desires to participate 
  further. Manual Sec. 978; 4 Hinds Sec. 4745; 5 Hinds Sec. 5221. 
  Amendments may not be offered in the Committee of the Whole until 
  general debate has been closed or yielded back, and motions for the 
  disposition of the pending bill are not in order before that time. 4 
  Hinds Sec. Sec. 4744, 4778; 5 Hinds Sec. 5221. However, those Members 
  in control of the time for general debate need not use all of the time 
  for the purpose prescribed by House order. Rather, they may agree 
  among themselves to close further general debate, yield their 
  remaining time, and allow consideration of the bill under the five-
  minute rule to begin. Deschler-Brown Ch 29 Sec. 76.1.
      For general discussion of the practice of limiting or closing 
  general debate, see Consideration and Debate.


  Sec. 13 . Debate Under the Five-minute Rule; Amendments

                                 Generally

      Amendments to measures pending in Committee of the Whole are in 
  order following the close of general debate. Deschler Ch 19 Sec. 15. 
  Amendments are offered under the so-called five-minute rule. This rule 
  provides that any Member ``shall be allowed'' five minutes to explain 
  any amendment he may offer, after which the Member who first obtains 
  the floor is allowed five minutes to oppose it. Manual Sec. Sec. 978, 
  980. Thereafter, a Member may obtain five minutes for debate by 
  offering a pro forma amendment ``to strike the last word.'' No actual 
  change in text is contemplated by the

[[Page 312]]

  offering of such amendment. Manual Sec. 981. Pro forma amendments, 
  generally, see Sec. 14, infra.
      The Committee of the Whole may not, even by unanimous consent, 
  prohibit the offering of an amendment otherwise in order under the 
  five-minute rule. 98-2, July 31, 1984, p 21701. To guard against abuse 
  of the rule by Members offering an amendment for the sole purpose of 
  gaining debate time (5 Hinds Sec. 5221), the rule itself provides that 
  amendments may be withdrawn only by unanimous consent. Manual 
  Sec. 978.
      The five-minute rule is applicable to amendments that are offered 
  to amendments. Manual Sec. 978. However, where an amendment to a bill 
  has been offered, the right to explain or oppose that amendment has 
  precedence of a motion to amend it. 4 Hinds Sec. 4751.
      Under the modern practice of the House, bills increasingly are 
  considered in the Committee of the Whole under a ``modified-closed'' 
  amendment process. Such process vitiates, in part, the five-minute 
  rule by considering the bill as having been read for amendment, 
  restricting amendments that may be offered, and by limiting and 
  controlling debate time on amendments made in order.
      Limiting or closing five-minute debate, see Consideration and 
  Debate.

                  Yielding Time During Five-minute Debate

      Members who have been recognized for debate under the five-minute 
  rule may not yield time to another Member and be seated. 100-1, Dec. 
  10, 1987, p 34686. Although a Member recognized in debate under the 
  rule may yield to another Member while remaining on his feet, he may 
  not yield designated amounts of time. 5 Hinds Sec. Sec. 5036, 5037; 
  Deschler Ch 19 Sec. 15. He may not yield to another Member to offer an 
  amendment. 93-1, Dec. 12, 14, 1973, pp 41171, 41716; 94-2, Sept. 8, 
  1976, p 29243.
      Where debate on an amendment is limited or allocated by special 
  order, or by the Chair, to a proponent and an opponent, the Members 
  controlling the debate may yield and reserve time; but debate time on 
  an amendment under the five-minute rule cannot be reserved. Manual 
  Sec. 980.

                           Reading for Amendment

      In Committee of the Whole, bills are read for amendment by section 
  pursuant to a practice dating from 1789, because each section normally 
  contains a substantive legislative provision. Manual Sec. 980. General 
  appropriation bills, on the other hand, are ordinarily read by 
  paragraphs, because such bills are normally drafted so that each 
  paragraph contains an appropriation. However, whether a bill shall be 
  read by paragraphs, sections, or titles is

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  determined by unanimous consent or special rule reported by the 
  Committee on Rules, which may provide that the bill is to be 
  ``considered as read,'' and open to amendment at any point. Changing 
  the reading cannot be accomplished by motion. Manual Sec. 980; 
  Deschler Ch 21 Sec. 25.
      When a paragraph or section has been passed in the reading, it is 
  not in order to return thereto except by unanimous consent. Manual 
  Sec. 980. However, the Chairman may direct a return to a section 
  where, through his inadvertence, no action was taken on a pending 
  amendment. 4 Hinds Sec. 4750.


  Sec. 14 . -- Pro Forma Amendments

                                 Generally

      Pro forma amendments have been permitted in the Committee of the 
  Whole since at least as early as 1868, when they were used during the 
  consideration of articles of impeachment against President Andrew 
  Johnson. 5 Hinds Sec. 5778. Pro forma amendments are those offered 
  during debate under the five-minute rule to make some superficial 
  change in a measure--by tradition ``to strike the last word''--where 
  the underlying purpose is to obtain time for debate or to offer an 
  explanation, no actual change in the measure being contemplated. 
  Manual Sec. 981; Deschler Ch 19 Sec. 15.

                               When in Order

      Like substantive amendments, pro forma amendments are in order 
  following the reading of the section or paragraph of the pending 
  measure and are liberally permitted during debate under the five-
  minute rule. See Amendments. A Member who has expended five minutes on 
  a pro forma amendment may not lengthen this time by making another pro 
  forma amendment. 5 Hinds Sec. 5222; 8 Cannon Sec. 2560; Deschler Ch 19 
  Sec. 15. A Member who has offered a substantive amendment and then 
  debated it for five minutes may not extend his time by offering a pro 
  forma amendment, as it is not in order for the offerer of an amendment 
  to amend his own amendment except by unanimous consent. Manual 
  Sec. 981. Conversely, a Member recognized on a pro forma amendment may 
  not automatically extend his time by offering a substantive amendment, 
  not having been recognized for that purpose. Deschler Ch 19 
  Sec. 15.11.
      Pro forma amendments are not in order when a bill is being 
  considered under a ``closed'' or ``modified-closed'' rule prohibiting 
  all, or permitting only certain, amendments unless the rule specifies 
  to the contrary. Deschler-Brown Ch 29 Sec. 77.20. Similarly, a pro 
  forma amendment may be offered by unanimous consent only after a 
  substitute has been adopted and before the vote on the amendment, as 
  amended, because the amendment has been

[[Page 314]]

  amended in its entirety; and no further amendments, including pro 
  forma amendments, are in order. Manual Sec. 981.


  Sec. 15 . Relevancy in Debate

      Latitude in general debate is normally limited by a special rule 
  from the Committee on Rules or other order of the House, which 
  routinely confines general debate to the subject of the measure. 
  Manual Sec. 948. Latitude in debate under the five-minute rule is 
  limited by rule XVIII clause 5(a), which permits five minutes to 
  ``explain'' an amendment and five minutes to speak ``in opposition'' 
  to the amendment. Manual Sec. 978. For a more thorough discussion of 
  relevancy of debate in the Committee of the Whole, see Consideration 
  and Debate.


  Sec. 16 . Calling Members to Order

      Jefferson suggested that, as a matter of parliamentary law, to 
  avert the ``danger of a decision by the sword'' in the Committee of 
  the Whole, the Speaker could take the Chair to restore order. Manual 
  Sec. 331. In several early instances, the Speaker did in fact exercise 
  this authority. 2 Hinds Sec. Sec. 1648-1652. Under the modern 
  practice, the Chairman directs the Committee of the Whole to rise and 
  report to the House when objections have been made to words spoken in 
  debate. Manual Sec. 971; Cannon Sec. Sec. 2533, 2538; Deschler Ch 19 
  Sec. 17.
      Under this procedure, a Member must take his seat when he is 
  called to order by the Chairman. Deschler Ch 19 Sec. 17.1. The Chair 
  or any Member may cause the words to be taken down at the Clerk's desk 
  and read in the Committee of the Whole, which then rises automatically 
  without debate. 8 Cannon Sec. Sec. 2533, 2538, 2539. The words are 
  then reported to the House and are again read. 2 Hinds Sec. Sec. 1257-
  1259. The words reported are then taken up in the House, with 
  consideration being limited to the words reported. 8 Cannon Sec. 2528. 
  The Member uttering the words may withdraw them in the Committee of 
  the Whole or in the House only by unanimous consent. 8 Cannon 
  Sec. Sec. 2528, 2538, 2540; Deschler Ch 19 Sec. 17.7. The Speaker then 
  rules on whether the words are unparliamentary (Deschler Ch 19 
  Sec. 17.5), which is subject to appeal (Manual Sec. Sec. 629, 961; 5 
  Hinds Sec. Sec. 5157, 5178, 5194; Deschler-Brown Ch 29 Sec. 50.8).
      If a Member's words are ruled out of order, motions in the House 
  to strike unparliamentary words from the Congressional Record and to 
  permit the offending Member to proceed in order are available before 
  the Committee of the Whole resumes its sitting. Instances of disorder 
  during debate in the Committee of the Whole may be disposed of in the 
  House pursuant

[[Page 315]]

  to a motion to expunge the offending language from the Record (8 
  Cannon Sec. Sec. 2538, 2539) or, in especially flagrant instances, 
  pursuant to a resolution of censure (2 Hinds Sec. Sec. 1257, 1259). 
  However, censure is not a remedy available for words spoken if debate 
  or business has intervened. Rule XVII clause 4(b).
      After disposition of the matter in the House, the Committee of the 
  Whole automatically resumes its sitting. Manual Sec. 961; 8 Cannon 
  Sec. 2541; Deschler Ch 19 Sec. 17.5.
      For general discussion of disorder in debate, see Consideration 
  and Debate.


  Sec. 17 . Voting

      The methods and procedures by which Members vote in Committee of 
  the Whole are prescribed by the rules of the House, particularly rule 
  XX and rule XVIII clause 6. They include:

     Voice vote--Based on volume of sound of Members responding aye 
         or no. Rule I clause 6; Manual Sec. 630.
     Division (or standing) vote--May be invoked by the Chair or 
         any Member, and is in order following a voice vote. Under this 
         procedure, Members stand to be counted, first those voting in 
         the affirmative, then those voting in the negative. Rule XX 
         clause 1; Manual Sec. 1012.
     Recorded vote--The Members insert a personalized electronic 
         voting card to be recorded as ``yea,'' ``nay,'' or ``present.'' 
         The request for such a vote must be supported by at least 25 
         Members. A recorded vote may be preceded by a point of order of 
         no quourm, which requires the Chair to first count for 100 
         Members. Rule XVIII clause 6; Manual Sec. Sec. 982, 983. The 
         Chair's count is not subject to challenge. Manual Sec. 629.
     Record vote by tellers or a ``roll call''--During a record 
         vote by tellers, the Members cast their votes by depositing a 
         signed green (yea) or red (no) card in a ballot box. Rule XX 
         clause 4; Manual Sec. 1019. During a ``roll call'' the Chair 
         directs the Clerk to call the roll alphabetically. Rule XX 
         clause 3; Manual Sec. 1015. These procedures have been 
         supplanted by the use of the electronic voting equipment and 
         are used only as a backup voting system when that equipment 
         becomes inoperative.

      A vote by the yeas and nays, which may be demanded in the House 
  under the Constitution or obtained automatically under rule XX clause 
  6, is not in order in Committee of the Whole. Manual Sec. Sec. 76, 
  1026.
      Under rule XVIII clause 6(g), the Chairman may postpone a request 
  for a recorded vote on any amendment; and he may resume proceedings on 
  that request at any time. An electronic vote ordered on the postponed 
  request may be reduced to five minutes, provided the first vote in a 
  series is 15 minutes. Manual Sec. 984.

[[Page 316]]

      For a discussion of voting procedures generally, see Voting.


  Sec. 18 . Points of Order

                                 Generally

      In Committee of the Whole, questions of order relating to 
  procedure (except for words taken down) are decided by the Chairman, 
  not the Speaker. Manual Sec. 971; 5 Hinds Sec. Sec. 6927, 6928; 
  Deschler Ch 19 Sec. 19. The Speaker cannot rule on a point of order 
  arising in the Committee of the Whole unless the point of order is 
  reported to the House for a decision. 5 Hinds Sec. 6987. Appeals from 
  a decision of the Chairman on a point of order are ordinarily resolved 
  in the Committee of the Whole, but in rare cases an appeal from a 
  decision on a point of order may be reported to the House for its 
  determination. 4 Hinds Sec. 4783.
      Debate on a point of order raised in the Committee of the Whole is 
  within the discretion of the Chairman and must be confined to the 
  point of order. Deschler Ch 19 Sec. 19.2.

                               When in Order

      Generally, points of order in the Committee of the Whole against a 
  provision in a bill or amendment are properly made when that provision 
  or amendment is reached in the reading. For a discussion of points of 
  order in the Committee of the Whole against provisions in general 
  appropriation bills and amendments thereto, see Manual Sec. 1044. A 
  point of order against an amendment comes too late after there has 
  been debate on the amendment (Manual Sec. 924) or when the amendment 
  has been reported to the House (92-2, June 1, 1972, pp 19479, 19483). 
  However, rule XXI clauses 4 and 5(a) permit the raising ``at any 
  time'' of a point of order against a legislative bill carrying 
  appropriations or a tax or tariff if the bill was reported by a 
  committee not having jurisdiction to report such matters. Manual 
  Sec. Sec. 1065, 1066; see also Appropriations.
      Points of order against consideration of bills are properly raised 
  in the House pending resolution into the Committee and may not 
  subsequently be raised in Committee of the Whole. Deschler Ch 19 
  Sec. 20. This rule has been applied to points of order against 
  consideration of the measure for:

     Violations of committee reporting requirements, such as the 
         Ramseyer rule (that proposed changes in law be indicated 
         typographically). Manual Sec. 846; Deschler Ch 19 
         Sec. Sec. 20.1-20.3.
     Availability requirements prior to floor consideration of 
         measures. Manual Sec. 850.


[[Page 317]]



      For points of order generally, see Points of Order; Parliamentary 
  Inquiries; for points of order relating to particular measures or 
  matters, see Appropriations and Conferences Between the Houses.


  Sec. 19 . Unfinished Business

      Business unfinished when the Committee of the Whole rises remains 
  unfinished, to be considered first in order when the House next goes 
  into the Committee to consider that business. 4 Hinds Sec. Sec. 4735, 
  4736; see also Unfinished Business. Thus, when the Committee of the 
  Whole rises before the time fixed for debate expires, debate continues 
  when the Committee resumes its deliberations. Deschler Ch 19 
  Sec. 26.1. When a recommendation of the Committee of the Whole that 
  the enacting clause of a bill be stricken is rejected by the House, 
  the House, without motion, resolves itself into the Committee for the 
  further consideration of the bill. Deschler Ch 19 Sec. 26.2.
      Absent a special rule to the contrary, when the Committee of the 
  Whole rises on the adoption of a simple motion to rise, a bill pending 
  at that time remains the unfinished business for subsequent 
  consideration in the Committee. Manual Sec. 977. Similarly, if such a 
  motion intervenes pending a request for a recorded vote, that request 
  remains the pending business upon resumption of consideration of the 
  bill in Committee. Deschler-Brown Ch 30 Sec. 33.15.


                          C. Motions in Committee


  Sec. 20 . In General

                             Motions Permitted

      The principal motions used in Committee of the Whole are as 
  follows:

     Motions to amend under the five-minute rule. Manual Sec. 978; 
         see also Sec. 13, supra.
     Motions to dispense with the reading of an amendment printed 
         in the bill as reported or as printed in the Congressional 
         Record. Manual Sec. 986.
     Motions to close five-minute debate. Manual Sec. 987; see also 
         Consideration and Debate.
     Motions relating to the enacting clause. Manual Sec. 988; for 
         a comprehensive discussion, see Sec. 22, infra.
     Motions to rise. Deschler Ch 19 Sec. 22; see also Sec. 26, 
         infra.

                          Motions Not Entertained

      The Committee of the Whole may not entertain motions involving 
  functions properly performed by the House. Of the motions specified by 
  rule

[[Page 318]]

  XVI clause 4--to adjourn, to lay on the table, for the previous 
  question, to postpone, to refer, or to amend--only the motion to amend 
  is authorized in the Committee of the Whole. Manual Sec. 911. The 
  Committee may not entertain a motion to:

     Limit general debate (as distinguished from five-minute 
         debate). Deschler Ch 19 Sec. 2; for a general discussion, see 
         Consideration and Debate.
     Close general debate. Manual Sec. 979; 5 Hinds Sec. 5217.
     Dispense with the reading of a bill unless authorized pursuant 
         to a special rule from the Committee on Rules. Deschler Ch 19 
         Sec. 2.11.
     Return to a section of the bill passed in the reading. 
         Deschler Ch 19 Sec. 2.10.
     Effect a conference or instruct conferees. 8 Cannon 
         Sec. Sec. 2319, 2320; Deschler Ch 19 Sec. 2.
     Order a call of the House. 8 Cannon Sec. 2369.
     Expunge remarks from the Congressional Record. Deschler Ch 19 
         Sec. 3.2.
     Order the previous question. 4 Hinds Sec. 4716; Deschler Ch 19 
         Sec. 2.6.
     Reconsider. 4 Hinds Sec. Sec. 4716-4718; 8 Cannon 
         Sec. Sec. 2324, 2325; Deschler Ch 19 Sec. 2.5.
     Recommit. 4 Hinds Sec. 4721; 8 Cannon Sec. 2326.
     Postpone or rise and resume sitting on a day certain. Manual 
         Sec. 915; Deschler Ch 19 Sec. 22.2.
     Lay on the table. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon 
         Sec. 2330; Deschler Ch 19 Sec. 2.7.
     Recess (absent permission of the House). 5 Hinds 
         Sec. Sec. 6669-6671; 8 Cannon Sec. 3357; Deschler Ch 19 Sec. 2.
     Adjourn. Deschler Ch 19 Sec. 2.4.

                     Motions Recommending House Action

      As noted above, the motions to postpone, recommit, or lay on the 
  table, are not in order in the Committee of the Whole. However, under 
  certain circumstances, the Committee of the Whole may entertain a 
  motion to rise and report with the recommendation that the House 
  entertain such an action. Whether such a motion will or will not lie 
  in the Committee of the Whole is ordinarily determined by the terms of 
  the special rule under which the measure is being considered. Under 
  the modern practice, a special rule normally provides that after 
  consideration the Committee of the Whole shall rise and report the 
  measure to the House, with the previous question to be considered as 
  ordered on the bill and amendments thereto to final passage. In that 
  case, the Committee of the Whole may not report to the House a 
  recommendation that the bill be recommitted. Deschler Ch 19 
  Sec. 23.12. In the exceptional circumstance where this language is not 
  included in the spe

[[Page 319]]

  cial rule, the Committee of the Whole may entertain a motion to rise 
  and report with:

     A recommendation that the consideration of the bill be 
         postponed. 4 Hinds Sec. Sec. 4765, 4774; 8 Cannon Sec. 2372; 
         Deschler Ch 19 Sec. 22.
     A recommendation that the bill be referred or recommitted. 4 
         Hinds Sec. 4774; Deschler Ch 19 Sec. 23.12.
     A recommendation that the bill lie on the table. 4 Hinds 
         Sec. 4777.

                    Requirement That Motions Be Written

      Although motions made in the Committee of the Whole are often put 
  forward orally, any Member may demand that a motion be made in 
  writing. See, e.g., Deschler Ch 19 Sec. 2.1.

                                Withdrawal

      A motion may be withdrawn in the Committee of the Whole only by 
  unanimous consent. Deschler Ch 23 Sec. 2.10. Rule XVIII clause 5(a) 
  specifically prohibits the withdrawal of an amendment except by 
  unanimous consent, whether or not debate has proceeded. 5 Hinds 
  Sec. 5221; 8 Cannon Sec. 2859. This principle has also been applied to 
  the motion to close debate under the five-minute rule (8 Cannon 
  Sec. 2564) and to the motion to recommend the striking of the enacting 
  clause (98-1, July 29, 1983, p 21675).


  Sec. 21 . Precedence of Motions

                              Motions to Rise

      The simple motion to rise is of highest privilege. Manual 
  Sec. Sec. 334, 983; Deschler Ch 19 Sec. Sec. 23.1, 23.2. It takes 
  precedence over motions to amend (Manual Sec. 983; Hinds Sec. 4770) 
  and over amendments pending under the five-minute rule (Deschler Ch 19 
  Sec. 23.3), though it may not interrupt other Members in debate 
  (Deschler Ch 19 Sec. 23.6; Sec. 26, infra). The motion takes 
  precedence over a demand for a recorded vote on a pending amendment 
  (97-1, July 15, 1981, p 15921), and over a point of order of no quorum 
  pending such a demand (see 95-1, Sept. 21, 1977, p 30126). The motion 
  is in order pending the Chair's count of a quorum (Deschler Ch 19 
  Sec. 23.5) and pending a decision of the Chair on a point of order 
  (Deschler Ch 19 Sec. 23.7). The simple motion to rise also takes 
  precedence over a pending motion to rise and report with the 
  recommendation that the enacting clause be stricken. Deschler Ch 19 
  Sec. 23.13.

                  Motion Relating to the Enacting Clause

      The motion that the Committee of the Whole rise and report to the 
  House with the recommendation that the enacting clause be stricken is 
  of

[[Page 320]]

  high privilege. Deschler Ch 19 Sec. 10.4. The motion is preferential 
  because, if adopted, it constitutes a final disposition of the bill in 
  the Committee of the Whole. Deschler Ch 19 Sec. 11.11, note. The 
  motion may be offered where another Member has been recognized to 
  offer an amendment (Deschler-Brown Ch 29 Sec. 12.13) or when an 
  amendment is pending. However, the motion may not interrupt debate. 
  Manual Sec. 989. The motion also takes precedence over a motion to 
  limit debate (Manual Sec. 989) and over a motion to rise and report 
  with a favorable recommendation (8 Cannon Sec. 2620). See also 
  Sec. 22, infra.

                             Motions to Amend

      With one exception, a motion to amend a bill takes precedence over 
  a motion to rise and report the bill. 4 Hinds Sec. Sec. 4752-4758; 8 
  Cannon Sec. 2364; Deschler Ch 19 Sec. 23.14. The exception is in rule 
  XXI clause 2(d), which specifies that when a general appropriation 
  bill has been read for amendment, a motion to rise and report, if 
  offered by the Majority Leader or his designee, takes precedence over 
  an amendment.
      The initial right of the proponent to explain an amendment offered 
  under the five-minute rule, or of a Member to rise in opposition 
  thereto, takes precedence over a motion to amend that amendment. 4 
  Hinds Sec. 4751.


  Sec. 22 . Motion Relating to Enacting Clauses

                Generally; Effect of Rejection or Adoption

      Every bill that becomes law contains the phrase: ``Be it enacted 
  by the Senate and House . . . in Congress assembled. . . .'' It is in 
  order to move that the Committee of the Whole rise and report a bill 
  back to the House with the recommendation that this clause, known as 
  the enacting clause, be stricken. 5 Hinds Sec. Sec. 5326-5346; 8 
  Cannon Sec. Sec. 2618-2638; Deschler Ch 19 Sec. 10. Such a motion is 
  not, strictly speaking, an amendment, because it can be dispositive of 
  the entire bill. See Deschler Ch 19 Sec. 10 (note 13). If the House 
  agrees to the recommendation, its action is equivalent to a rejection 
  of the bill. Manual Sec. 988; 5 Hinds Sec. 5326; Deschler Ch 19 
  Sec. 10.6. If the House rejects the recommendation, it automatically 
  resolves itself back into the Committee of the Whole for the further 
  consideration of the bill. Deschler Ch 19 Sec. 10.9.
      The motion must be in writing and in the proper form. Manual 
  Sec. 988.

      Member: I move that the Committee of the Whole do now rise and 
    report the bill back to the House with the recommendation that the 
    enacting clause (or the resolving clause) be stricken. Deschler Ch 
    19 Sec. 10.2.


[[Page 321]]



      Motions that deviate from this form are subject to a point of 
  order. Deschler Ch 19 Sec. 10.3. Thus, a simple motion to strike the 
  enacting clause, although at one time permitted in the Committee of 
  the Whole, is, under the modern practice, not in proper form and not 
  in order. 5 Hinds Sec. 5332; Deschler Ch 19 Sec. 10.1. A motion to 
  strike ``all after the enacting clause'' is likewise out of order. 
  Deschler Ch 19 Sec. 10.3. The recommendation that the enacting clause 
  be stricken may not be combined with a provision that the bill be 
  recommitted to a committee. Deschler Ch 19 Sec. 10.10.

                    Application to Particular Measures

      The motion that the Committee of the Whole rise and report to the 
  House the recommendation that the enacting clause be stricken is 
  applicable to the enacting clause of a Senate-passed bill. Deschler Ch 
  19 Sec. 10.14. The motion has also been used to recommend the striking 
  of the resolving clause of a simple resolution (Deschler Ch 19 
  Sec. 11.10), the resolving clause of a concurrent resolution on the 
  budget (96-1, May 9, 1979, p 10490), and the resolving clause of a 
  joint resolution (Deschler Ch 19 Sec. 11.4).

                          Who May Offer or Oppose

      A Member offering the motion to rise and report with the 
  recommendation that the enacting clause be stricken must qualify as 
  being opposed to the bill when challenged. A Member in favor of the 
  bill may not offer the motion. Manual Sec. 989; Deschler Ch 19 
  Sec. 12.2. A challenge being made by another Member, the Member 
  offering the motion must declare his opposition to the bill. Deschler 
  Ch 19 Sec. 12.1. Generally, in recognizing a Member for the motion, 
  the Chair will accept the statement of that Member that he is opposed 
  to the bill. Deschler Ch 19 Sec. 12.5. Similar rules are applied with 
  respect to the qualification of a Member to oppose the motion. To 
  obtain recognition to oppose the motion, a Member must qualify by 
  stating that he is opposed thereto. Deschler Ch 19 Sec. 12.11.
      The practice of offering the motion merely to obtain time for 
  debate, though subject to criticism, has been permitted. Deschler Ch 
  19 Sec. Sec. 12.8-12.10. In fact, under the modern practice, extended 
  debate is the usual intent of the offeror, who then withdraws the 
  motion by unanimous consent.

                           Repetition of Motion

      A second motion on the same day to recommend the striking of the 
  enacting clause is not entertained in the absence of any material 
  modification of the bill. 8 Cannon Sec. 2636; Deschler Ch 19 
  Sec. Sec. 14.1, 14.2. Thus, a second motion is in order if the bill 
  has been amended since disposition of the first motion (Deschler Ch 19 
  Sec. 14.4) but is not in order if the only action of the

[[Page 322]]

  Committee of the Whole in the interim has been the rejection of a 
  proposed amendment to the bill (Deschler Ch 19 Sec. 14.5). If the 
  first such motion is withdrawn by unanimous consent, a second motion 
  relating to the enacting clause is in order. Manual Sec. 989; Deschler 
  Ch 19 Sec. 14.7. The motion may be renewed on a subsequent day 
  regardless of any modification of the bill. Deschler Ch 19 Sec. 14.8.


  Sec. 23 . -- When in Order

      The motion that the Committee of the Whole rise and report with 
  the recommendation that the enacting clause be stricken is not in 
  order during general debate on the measure. Deschler Ch 19 Sec. 10. 
  The motion is in order only after the Clerk has begun reading the bill 
  for amendment under the five-minute rule (Deschler Ch 19 Sec. 11.2), 
  assuming that another Member has not obtained the floor for purposes 
  of debate (96-1, June 13, 1979, p 14710). The motion is no longer in 
  order when the stage of amendment is passed. The stage of amendment is 
  passed in Committee where a bill is being considered under a rule 
  permitting only committee amendments, and where no committee 
  amendments are offered at the conclusion of general debate. Manual 
  Sec. 989. The adoption of an amendment in the nature of a substitute 
  also may foreclose the opportunity to offer the motion. Deschler Ch 19 
  Sec. 11.6.


  Sec. 24 . -- Debate

                        Generally; Time Limitations

      The debate on a motion that the Committee of the Whole rise and 
  report with the recommendation that the enacting clause be stricken is 
  governed by the five-minute rule. 5 Hinds Sec. Sec. 5333-5335; 8 
  Cannon Sec. Sec. 2628-2631; Deschler Ch 19 Sec. 13. Debate on the 
  motion is thus limited to 10 minutes, five minutes in favor and five 
  minutes in opposition. Deschler Ch 19 Sec. 13.1. The Chair has 
  declined to recognize for requests to extend the five-minute time 
  (Deschler Ch 19 Sec. 13.2), and a Member may not extend his time by 
  using time available to him to debate the bill and amendments thereto 
  (Deschler-Brown Ch 29 Sec. 31.33). Debate is limited to two five-
  minute speeches even though the proponent and the Member in opposition 
  both speak in favor of the motion. Deschler Ch 19 Sec. 13.3. The Chair 
  will not announce in advance who will be recognized in opposition to 
  the motion. Manual Sec. 989.
      Time may not be reserved. Where a Member recognized for five 
  minutes in opposition to the motion yields back his time, another 
  Member may not claim the unused portion thereof. Manual Sec. 989.

[[Page 323]]

      Members of the committee managing the bill have priority in 
  recognition for debate in opposition to the motion. Manual Sec. 989.

                  Effect of Limitation of Time for Debate

      A limitation of all debate time on a bill and amendments thereto 
  to a time certain does not preclude debate on a motion to recommend 
  the striking of the enacting clause during the time remaining under 
  the limitation. 97-1, Oct. 5, 1981, p 23154. However, the motion is 
  not debatable after all time for debate on the bill and all amendments 
  thereto has expired. Deschler Ch 19 Sec. 13.7. On the other hand, 
  where debate has been closed only as to amendments to a bill, and not 
  on the bill itself, a Member offering the motion to strike the 
  enacting clause is entitled to five minutes to debate that motion. 
  Deschler-Brown Ch 29 Sec. 6.28. A similar practice is followed where 
  the limitation is only on an amendment in the nature of a substitute 
  being read as an original bill for the purpose of amendment under a 
  special order. Manual Sec. 989.

                              Scope of Debate

      Since the motion to rise and report with the recommendation that 
  the enacting clause be stricken applies to the entire bill, debate may 
  be directed to any part of the bill--or to a pending amendment--and 
  need not be confined to the merits of the preferential motion. 
  Deschler-Brown Ch 29 Sec. 37.11. Thus, the motion may be used by a 
  Member to secure five minutes to debate a pending amendment 
  notwithstanding a limitation of time for debate on the pending 
  amendment and all amendments thereto. Deschler-Brown Ch 29 Sec. 37.8. 
  However, debate on the motion may not include matters beyond the 
  provisions of the bill. 5 Hinds Sec. 5336.


                     D. Rising; Reporting to the House


  Sec. 25 . Generally

                 Formal and Informal Rising Distinguished

      When the Committee of the Whole terminates or suspends its 
  proceedings, it ``rises,'' either formally or informally. Deschler Ch 
  19 Sec. 21.1. When the Committee of the Whole rises formally, it 
  normally does so by motion or by operation of a special order. 
  Sec. 26, infra. When the Committee of the Whole rises informally, it 
  does so by unanimous consent (4 Hinds Sec. 4788) or simply at the 
  direction of the Chairman without a formal motion from the floor 
  (Deschler Ch 19 Sec. 21.1).

[[Page 324]]

      The Committee of the Whole may rise informally to permit the House 
  to transact unrelated business, such to swear in a Member (by 
  unanimous consent of the House), to receive a message, or to lay down 
  a signed enrolled bill. Manual Sec. 330; 4 Hinds Sec. 4791; Deschler 
  Ch 19 Sec. 21.1. Having no power to receive a message, the Committee 
  of the Whole rises informally to permit the House to do so. Manual 
  Sec. 330; 4 Hinds Sec. 4786. At this rising, the House may not have 
  the message read or transact other business except by unanimous 
  consent. 4 Hinds Sec. Sec. 4787-4791.

                     Effect of Special Rules or Orders

      The Committee of the Whole rises automatically and without motion 
  when it rises pursuant to a special rule providing that at the 
  conclusion of consideration of the bill for amendment the Committee of 
  the Whole ``shall'' rise and report back to the House (94-1, July 30, 
  1975, p 25881) or pursuant to a House order limiting general debate to 
  a time certain and providing that the Committee rise at the conclusion 
  of that time (Deschler Ch 19 Sec. 21.3). However, a motion to rise is 
  required to enable the Committee of the Whole to rise prior to the 
  time fixed by the applicable special rule. 7 Cannon Sec. 793.


  Sec. 26 . Motions to Rise

                             Generally; Forms

      The motion to rise in the Committee of the Whole is analogous to 
  the motion to adjourn in the House. In the Committee of the Whole, the 
  motion takes two forms: (1) the simple motion to rise and (2) the 
  motion to rise and report. 4 Hinds Sec. Sec. 4766, 4767; Deschler Ch 
  19 Sec. Sec. 22.1, 23.13. The motions are expressed as follows:

      Mr. Chairman, I move that the Committee do now rise.
      Mr. Chairman, I move that the Committee do now rise and report the 
    bill back to the House with the recommendation that __________.

      The motion to rise and report may recommend to the House either a 
  favorable or adverse disposition of the bill. It may recommend that 
  the consideration of the reported measure be postponed, or that it be 
  recommitted or tabled. However, under the modern practice, such motion 
  is normally precluded by the applicable special rule. Sec. 20, supra. 
  For the motion to rise and report with the recommendation that the 
  enacting clause be stricken, see Sec. 22, supra.
      The motion to rise (or to rise and report) must be in writing if 
  the demand is made. Deschler Ch 19 Sec. 22.3. The simple motion to 
  rise does not require a quorum for adoption, although a negative voice 
  vote is subject to

[[Page 325]]

  a point of order of no quorum pending a request for a recorded vote. 
  Manual Sec. 983; 4 Hinds Sec. Sec. 2975, 2976; Deschler Ch 19 
  Sec. 22.7. However, a quorum is required on an affirmative vote on a 
  motion to rise and report. See 4 Hinds Sec. 2973. Neither motion is 
  debatable. 4 Hinds Sec. Sec. 4766-4768; Deschler Ch 19 Sec. 22.4. 
  Either may be withdrawn by unanimous consent. Deschler Ch 19 
  Sec. 22.9. They may not include restrictions on the amendment process 
  or limitations on future debate on amendments. Manual Sec. 334.


  Sec. 27 . -- When in Order

      The motion that the Committee of the Whole rise is privileged 
  during debate under the five-minute rule. Manual Sec. 334. The motion 
  is in order notwithstanding an informal agreement among the floor 
  managers of a bill to conclude consideration at a different time. 
  Deschler Ch 19 Sec. 23.4. The motion is in order:

    While an amendment is pending, except where another Member has 
         the floor. Manual Sec. 334.
     Pending a decision on a point of order. Deschler Ch 19 
         Sec. Sec. 23.7, 23.8.
     After agreement to a motion to limit debate on an amendment. 
         Deschler Ch 19 Sec. 23.10.
     Pending a count of a quorum. Deschler Ch 19 Sec. 23.5.
     After the absence of a quorum has been ascertained and pending 
         a vote on an amendment (Manual Sec. 982) but comes too late 
         when the Chair has announced the absence of a quorum and the 
         roll call has begun (91-2, Sept. 16, 1970, p 32229).
     Pending a demand for a record vote but prior to the time the 
         Chair begins the count to determine whether a sufficient number 
         support the demand. 94-1, Aug. 1, 1975, p 26947.
     During general debate if offered by a manager or by a Member 
         to whom a manager has yielded for that purpose. Manual 
         Sec. 334.

      A motion that the Committee of the Whole rise may be made between 
  the time an amendment is offered and read and before recognition of 
  its proponent for debate thereon. 97-1, May 12, 1981, pp 9320, 9323. 
  Where a special rule provides that the Committee rise and report at 
  the conclusion of the consideration of a bill for amendment, a motion 
  that the Committee of the Whole rise and report the bill with certain 
  amendments, before the bill has been completely read for amendment, is 
  not in order. However, a simple motion that the Committee of the Whole 
  rise is in order at that time. 96-1, Dec. 5, 1979, p 34755.

[[Page 326]]

  Sec. 28 . -- Who May Offer

      In the Committee of the Whole, any Member may move to rise and the 
  Chairman is constrained to recognize for that purpose, unless another 
  Member controls the floor. Deschler Ch 19 Sec. 24.2; 8 Cannon 
  Sec. 2369. Although the motion may be offered by any Member entitled 
  to the floor in his own right, the motion is commonly made by the 
  Member handling the bill before the Committee. Deschler Ch 19 
  Sec. Sec. 22.5, 22.8, 23.1. The motion also may be made by a Member 
  who holds the floor by virtue of having offered an amendment. Deschler 
  Ch 19 Sec. 24.1.
      A Member holding the floor may not be interrupted by a motion to 
  rise even though he has not yet begun to speak. 8 Cannon Sec. 2370. A 
  Member may not, in time yielded to him for debate, move that the 
  Committee of the Whole rise (Deschler Ch 19 Sec. 10) or yield to 
  another for such a motion (Deschler Ch 29 Sec. 23). However, the 
  majority or minority member controlling the time for general debate 
  may yield for a motion that the Committee of the Whole rise, and he 
  may do so without losing his right to continue at the next sitting of 
  the Committee on the same matter. 5 Hinds Sec. Sec. 5012, 5013.
      For precedence of a motion to rise and report a general 
  appropriation bill, if offered by the Majority Leader, over an 
  amendment, see Sec. 21, supra.


  Sec. 29 . Reporting to the House

                                 Generally

      When a matter is concluded in the Committee of the Whole, it is 
  reported to the House. The permission of the House is neither required 
  nor sought when the Chairman reports on a measure. The report is made 
  and received and is then before the House for action. Manual Sec. 334. 
  When the Committee of the Whole rises without concluding the matter, 
  the Chairman reports that it ``has come to no resolution thereon.'' 
  Under this procedure the Chairman does not report the measure back to 
  the House. Deschler Ch 19 Sec. 21.4. The measure remains as unfinished 
  business for subsequent consideration in the Committee of the Whole. 
  Sec. 19, supra.
      The Speaker recognizes only reports from the Committee of the 
  Whole made by the Chairman thereof. 5 Hinds Sec. 6987. The Speaker has 
  no official knowledge of proceedings in the Committee of the Whole 
  beyond those reported by its Chairman. A matter alleged to have arisen 
  therein but not reported may not be brought to the attention of the 
  House. 8 Cannon Sec. Sec. 2429, 2430.

[[Page 327]]

  Sec. 30 . House Action on Committee Reports

                                 Generally

      When the Committee of the Whole reports to the House, the House 
  usually acts at once on the report without reference to select or 
  other committees. Manual Sec. 326. The recommendation of the Committee 
  being before the House, the motion to carry out the recommendation is 
  usually considered as pending without being offered from the floor. 4 
  Hinds Sec. 4896.
      The recommendation of the Committee of the Whole may be favorable 
  or adverse, and the bill may be reported with or without amendments:

      Chairman: Mr. Speaker, the Committee of the Whole House on the 
    state of the Union, having had under consideration the bill H.R.  
    ______, directs me to report it back to the House with sundry 
    amendments and with the recommendation that the amendments be agreed 
    to and the bill as amended do pass.
      Speaker: The gentleman from  ______ reports that the Committee of 
    the Whole House on the state of the Union, having had under 
    consideration the bill H.R.  ______, directs him to report . . . .

      For House action on amendments reported from the Committee of the 
  Whole, including the demand for separate votes, see Amendments. For 
  steps to be taken in the passage of a bill in the House, see Previous 
  Question and Reading, Passage, and Enactment.

                 Recommittal to the Committee of the Whole

      Bills are sometimes recommitted to the Committee of the Whole as 
  the result of the action of the House (4 Hinds Sec. 4784) or on motion 
  either with or without instructions (5 Hinds Sec. Sec. 5552, 5553). If 
  the bill is reported from the Committee of the Whole with an adverse 
  recommendation, and such recommendation is disagreed to by the House, 
  the bill stands recommitted to the Committee without further action by 
  the House, unless the bill is disposed of pursuant to a motion to 
  refer. Manual Sec. 988. When a recommendation of the Committee of the 
  Whole that the enacting clause of a bill be stricken is rejected by 
  the House, the House, without motion, resolves itself into the 
  Committee of the Whole for the further consideration of the bill. 
  Manual Sec. 989; 7 Cannon Sec. 943.


[[Page 329]]

 
             CHAPTER 13 - CONFERENCES BETWEEN THE HOUSES

                              HOUSE PRACTICE

                               I. Generally

  Sec.  1. In General; Purpose
  Sec.  2. Questions Sent to Conference
  Sec.  3. Sending to Conference
  Sec.  4. -- When in Order; Stage of Disagreement
  Sec.  5. Effect of Special Rules

                          II. Conference Managers

  Sec.  6. In General; Appointment of Managers
  Sec.  7. Committee Representation
  Sec.  8. Changing or Adding Managers; Removal or Resignation
  Sec.  9. Power and Discretion of Managers
  Sec. 10. Meetings

                  III. Instructions to Managers; Motions

  Sec. 11. In General
  Sec. 12. Consideration of Motions to Instruct
  Sec. 13. -- Debate on Motion; Recognition and Amendments
  Sec. 14. Motions After Failure of Managers to Report
  Sec. 15. Instructions in Motions to Recommit
  Sec. 16. Instructions as Binding on the Managers

                          IV. Conference Reports

              A. Generally; Form

  Sec. 17. In General; Preparation and Filing
  Sec. 18. Signing and Signatures
  Sec. 19. Correction of Errors

              B. Limitations on Reports; Points of Order

  Sec. 20. In General
  Sec. 21. Reports Exceeding Authority of Managers
  Sec. 22. -- Conference Substitutes or Modifications

[[Page 330]]

  Sec. 23. Nongermane Senate Matter
  Sec. 24. Senate Appropriations on House Legislative Bill
  Sec. 25. Senate Legislation on House Appropriation Bill
  Sec. 26. Congressional Budget Act Violations
  Sec. 27. Raising Points of Order
  Sec. 28. Waiving Points of Order

              C. Consideration and Disposition of Reports

  Sec. 29. In General; Custody of Official Papers
  Sec. 30. Layover and Availability Requirements
  Sec. 31. Filing and Calling Up Report; Reading
  Sec. 32. En Bloc Consideration
  Sec. 33. Debate
  Sec. 34. -- Recognition; Control of Debate Time
  Sec. 35. Recommittal of Report
  Sec. 36. Final Disposition of Report; Voting
  Sec. 37. Effect of Rejection of Report; Further Conferences

              D. Disposition Where Managers Report in Total Disagreement

  Sec. 38. In General
        Research References
          5 Hinds Sec. Sec. 6254-6589
          8 Cannon Sec. Sec. 3209-3332
          Deschler-Brown Ch 33
          Manual Sec. Sec. 530-559, 637, 1069-1094


                               I. Generally


  Sec. 1 . In General; Purpose

      Before a measure can become law, both Houses must agree to the 
  same bill--either a House bill or a Senate bill--and they must agree 
  on each provision of the bill. 5 Hinds Sec. Sec. 6233-6240. Although 
  the two Houses may pass similar measures on the same subject, neither 
  can become law unless both Houses pass the same numbered bill with the 
  identical text. 4 Hinds Sec. 3386.
      In many cases disagreements between the House and Senate over the 
  provisions in a bill can be resolved through amendments that are 
  messaged

[[Page 331]]

  between the Houses. Such action is taken in the expectation that one 
  House will eventually concur (or recede and concur) with the 
  amendments of the other House and thereby finally pass the bill. See 
  Senate Bills; Amendments Between the Houses. Another approach aimed at 
  reconciling differences is a conference committee, consisting of 
  managers from each Chamber, with authority to report on negotiated 
  agreements. Sometimes these procedures are pursued simultaneously: one 
  House will (1) concur as to certain amendments and (2) insist on 
  disagreement as to other amendments and request a conference thereon. 
  5 Hinds Sec. Sec. 6287, 6401. If a conference fails to reconcile the 
  differences, and reports this fact back to the two Houses, motions to 
  dispose of any amendments remaining in disagreement are permitted. 
  Sec. Sec. 36-38, infra.
      The request for a conference is made by the House in possession of 
  the papers. Sec. 4, infra. The House receiving the request may agree 
  to the conference or it may disregard the request and act on the 
  pending unresolved amendments. 5 Hinds Sec. Sec. 6313-6315. In the 
  latter case it may simply concur in the amendments or recede from 
  disagreement, thereby rendering a conference unnecessary if no further 
  issues remain to be disposed of between the Houses. 5 Hinds 
  Sec. Sec. 6316-6318. It also has the option of postponing action on 
  the request to a time certain or indefinitely. 5 Hinds Sec. 6199.


  Sec. 2 . Questions Sent to Conference

      It was Jefferson's view that a House-Senate conference may be 
  sought ``in all cases of difference of opinion between the two Houses 
  on matters depending between them.'' Manual Sec. 530. Conferences 
  between the two Houses are usually held over differences as to 
  amendments to a particular bill. 5 Hinds Sec. 6254. On occasion, 
  several bills have been sent to a single conference by a single House 
  action. Deschler Ch 21 Sec. 27.6. Differences over a joint or 
  concurrent resolution also may be sent to conference. 5 Hinds 
  Sec. Sec. 6258, 7063.
      House-Senate conferences have sometimes been sought to resolve 
  questions unrelated to any pending bill or other legislative 
  proposition. Conference committees have on rare occasions been used to 
  resolve differences as to:

     The prerogatives of the two Houses in the origination of 
         revenue measures. 2 Hinds Sec. 1487.
     The instructions given by one House to its managers. 5 Hinds 
         Sec. 6401.
     The procedures to be followed in an impeachment proceeding. 3 
         Hinds Sec. 2304.

[[Page 332]]

     The time for the convening of the next session of Congress. 5 
         Hinds Sec. 6255.
     Papers in the nature of petitions. 5 Hinds Sec. 6263.


  Sec. 3 . Sending to Conference

                      Generally; By Unanimous Consent

      Amendments in disagreement between the Houses may be sent to 
  conference by unanimous consent. The disagreement may relate to a 
  Senate amendment or to an insistence by the House on its own 
  amendment. Manual Sec. 533; 6 Cannon Sec. 732.

      Member: Mr. Speaker, I ask unanimous consent to take from the 
    Speaker's table the bill H.R. __________, with the Senate amendments 
    thereto, disagree to the amendments, and ask a conference with the 
    Senate [or agree to a conference asked by the Senate] on the 
    disagreeing votes of the two Houses.

                                 By Motion

      A matter may be sent to conference pursuant to a motion offered 
  under rule XXII clause 1. The motion is privileged in the discretion 
  of the Speaker if the motion is offered by direction of the primary 
  committee and of all reporting committees that had initial referral of 
  the measure. Manual Sec. Sec. 1069, 1070. This restraint is intended 
  to prevent the use of that motion as a dilatory tactic. Manual 
  Sec. 535. The motion may be offered only while the House is in 
  possession of the papers.
      Initial Senate amendments may be taken from the Speaker's table 
  and sent to conference by motion under this rule. Manual 
  Sec. Sec. 533, 1069, 1070. The motion permitted by the rule also may 
  be raised at subsequent stages of the amendment process between the 
  Houses and may include a motion to disagree to a Senate amendment to a 
  House amendment to a Senate bill and request a conference (92-2, Mar. 
  8, 1972, p 7540) or a motion to insist on a House amendment to a 
  Senate amendment to a House bill and request a conference (Manual 
  Sec. 1070).
      A Member offering a motion to send a bill to conference under this 
  rule is recognized for one hour and is in control of the debate on the 
  motion. Deschler-Brown Ch 33 Sec. 2.14. When the previous question is 
  ordered on the motion, further debate may be had on it only by 
  unanimous consent. Deschler-Brown Ch 33 Sec. 2.15.
      Rule XXII clause 1 requires a separate committee authorization 
  with respect to each particular bill to be sent to conference. Where a 
  measure has been reported by two or more committees of initial 
  referral, each reporting committee must authorize the motion sending 
  it to conference. A committee

[[Page 333]]

  receiving sequential referral of a bill or not reporting thereon need 
  not authorize the motion. On a Senate bill with a House amendment 
  consisting of the text of two corresponding House bills that were 
  previously reported to the House, the motion must be authorized by the 
  committees reporting those corresponding bills. Manual Sec. 1070. The 
  primary committee of jurisdiction may authorize the motion on an 
  unreported measure. 106-2, Oct. 11, 2000, p ____.
      Motions to send a measure to conference pursuant to rule XXII 
  clause 1 are generally made by the chairman of the legislative 
  committee with primary jurisdiction over the measure, acting by 
  direction of that committee as follows:

      Member: Mr. Speaker, pursuant to clause 1 of rule XXII and by 
    direction of the Committee on __________, I move to take from the 
    Speaker's table the bill (H.R. ______) with the Senate amendments 
    thereto, disagree with the Senate amendments and agree to the 
    conference requested by the Senate [or request a conference with the 
    Senate thereon].

      Member: Mr. Speaker, pursuant to clause 1 of rule XXII and by 
    direction of the Committee on __________, I move to take from the 
    Speaker's table the bill (S. ______) with the House amendments 
    thereto, insist on the House amendments and agree to the conference 
    requested by the Senate [or request a conference with the Senate 
    thereon].

      A motion to send a bill to conference may not be amended to 
  include instructions to House managers; instructions are properly 
  offered by separate motion following the adoption of the motion to go 
  to conference and before managers are appointed. Deschler-Brown Ch 33 
  Sec. 2.18. For a discussion of motions to instruct, see Sec. 11, 
  infra.


  Sec. 4 . -- When in Order; Stage of Disagreement

                                 Generally

      Under the former practice, it was customary to allow the House 
  insisting on its amendment (the other House having disagreed thereto) 
  to request a conference. 5 Hinds Sec. Sec. 6278-6280. Under the modern 
  practice, a conference may be requested as soon as one House has 
  either disagreed to an amendment of the other or has insisted on its 
  own amendment. 5 Hinds Sec. Sec. 6273-6277. In any event, the request 
  for a conference must always be by the House that is in possession of 
  the papers. Manual Sec. 530.

                                  Motions

      A motion to disagree or insist and request a conference is in 
  order before, or after (subject to preferential motions), the Houses 
  have reached the stage of disagreement if made pursuant to rule XXII 
  clause 1. Manual

[[Page 334]]

  Sec. Sec. 528, 535, 1069; see also Senate Bills; Amendments Between 
  the Houses.
      Once a motion to request a conference has been rejected, its 
  repetition at the same stage of the proceedings has not been permitted 
  where no other motion to dispose of the matter in disagreement has 
  been considered. 5 Hinds Sec. 6325. However, a motion under rule XXII 
  clause 1 may be repeated, if again authorized by the committee 
  concerned, and if the Speaker again agrees to recognize for that 
  purpose, even though the House has once rejected a motion to send the 
  same matter to conference. Manual Sec. Sec. 535, 1070.

                        Unanimous-consent Requests

      A unanimous-consent request to seek a conference is in order even 
  though the House and Senate have not yet reached the stage of 
  disagreement. Indeed, there have been rare instances where the House 
  by unanimous consent has ``deemed'' a House bill with possible Senate 
  amendment sent to conference before Senate passage of the bill with 
  amendment, effective when subsequently in possession of the papers, in 
  order to permit managers to be appointed and to formally meet if the 
  House is not in session. See, e.g., 105-2, Apr. 1, 1998, p ____.


  Sec. 5 . Effect of Special Rules

      Amendments may be sent to conference pursuant to a special rule 
  from the Committee on Rules. 4 Hinds Sec. Sec. 3242-3249. The special 
  rule may or may not preclude intervening motions, and may direct the 
  Speaker to appoint the managers. 4 Hinds Sec. 3242. The special rule 
  may:

     Take a House bill with Senate amendments from the Speaker's 
         table and send it directly to conference. 7 Cannon Sec. 826.
     Make in order a motion to take a bill with Senate amendments 
         from the Speaker's table, disagree to the amendments, and 
         request a conference. 7 Cannon Sec. 822.
     Provide for consideration of Senate amendments and for a 
         motion to agree to a conference, and for appointment without 
         instructions to the managers. 4 Hinds Sec. Sec. 3243, 3244.
     Discharge a committee from consideration of a bill with Senate 
         amendments and ask for, or agree to, a conference thereon. 7 
         Cannon Sec. Sec. 820, 821.

[[Page 335]]

                          II. Conference Managers


  Sec. 6 . In General; Appointment of Managers

                                 Generally

      Appointments of Members to serve as managers on the part of the 
  House at a conference are made by the Speaker pursuant to rule I 
  clause 11. Manual Sec. 637. The terms ``manager'' and ``conferee'' are 
  used synonymously in the modern precedents and are so used in this 
  chapter. The Speaker observes the guidelines set forth in rule I as to 
  the designation of managers. That rule requires the Speaker to 
  appoint:

     A majority of Members who generally supported the House 
         position, as determined by the Speaker.
     Members who are primarily responsible for the legislation.
     To the fullest extent feasible, Members who were the principal 
         proponents of the major provisions of the bill as it passed the 
         House.

      These guidelines permit the exercise of broad discretion by the 
  Speaker in making appointments. Manual Sec. 637. He may specify the 
  legislative issues on which individual managers are to confer. Manual 
  Sec. 536.

                            Number of Managers

      In the early practice of the House, three Members were usually 
  appointed to a conference by the Speaker. 5 Hinds Sec. 6336. Today, 
  the number of Members to be designated is at the discretion of the 
  Speaker, and he may consider the complexity of the bill and the number 
  of committees with jurisdiction. 8 Cannon Sec. 3221. A motion to 
  instruct the Speaker as to the number of managers to be appointed is 
  not in order. Manual Sec. 637; 8 Cannon Sec. 3221.
      Conference agreements are reached when a majority of House 
  managers agree with a majority of Senate managers, which is indicated 
  by their signing of the conference report. The number of managers 
  appointed by the Senate does not affect the Speaker's determination as 
  to the number of House managers because the managers of one House vote 
  separately from those of the other. 5 Hinds Sec. 6334. For a 
  discussion of conference meetings, see Sec. 10, infra.

                            Time of Appointment

      Conferees are usually appointed by the Speaker immediately after 
  the request for a conference is granted, but they may be appointed at 
  a subsequent time. In one instance, the Speaker did not announce his 
  appointment

[[Page 336]]

  of conferees until the second session on a bill on which the House had 
  requested a conference in the first session. Deschler-Brown Ch 33 
  Sec. 6.17.


  Sec. 7 . Committee Representation

      The Speaker in making his appointments to a conference normally 
  consults with the chairman of the committee having jurisdiction over 
  the bill. Members of that committee are ordinarily designated as 
  managers. Deschler-Brown Ch 33 Sec. 6.1. The Speaker may make such 
  appointments without regard to committee seniority. 99-2, July 16, 
  1986, p 16705. On a comprehensive matter, the Speaker may appoint 
  separate groups of conferees from several committees for consideration 
  of provisions within their respective jurisdictions. Manual Sec. 637.
      The Speaker may appoint members from a nonreporting committee as 
  conferees on a provision in a Senate measure within that committee's 
  jurisdiction. Manual Sec. 637. The Speaker may, after appointing 
  general conferees from a reporting committee on all Senate provisions, 
  appoint additional conferees from an additional reporting or 
  nonreporting committee on a specified section. 107-2, Mar. 7, 2002, p 
  ____.
      In the current practice, the Speaker has announced a policy of 
  simplifying conference appointments by noting on the occasion of a 
  relatively complex appointment that, inasmuch as conference committees 
  are select committees that dissolve when their report is acted upon, 
  conference appointments should not be construed as jurisdictional 
  precedent. Manual Sec. 637.


  Sec. 8 . Changing or Adding Managers; Removal or Resignation

      At any time after the appointment of a conference committee, the 
  Speaker may remove a conferee or appoint additional conferees. Rule I 
  clause 11; 5 Hinds Sec. Sec. 6341-6368. In making additional 
  appointments, the Speaker may specify that a conferee be authorized to 
  act only with respect to a certain provision (96-1, Aug. 2, 1979, p 
  22101), or that additional conferees from certain committees act 
  solely on matters within those committees' jurisdictions (99-1, Oct. 
  24, 1985, p 28743). Under clause 11, the Speaker may supplement an 
  appointment of conferees by modifying the array of separate panels and 
  by further specifying the subject matter to be considered by such 
  panels. Deschler-Brown Ch 33 Sec. 8.7.
      Where several conferences are held on the same bill, it was the 
  early practice to change the managers at each conference. 5 Hinds 
  Sec. Sec. 6288-6291, 6324. So fixed was this practice that their 
  reappointment had a special significance, indicating an unyielding 
  temper. 5 Hinds Sec. Sec. 6352-6368. However,

[[Page 337]]

  the later practice is to reappoint the same managers (5 Hinds 
  Sec. Sec. 6341-6344) unless a change is necessary to enable the 
  sentiment of the House to be represented (5 Hinds Sec. 6369). For 
  motions to discharge and appoint new conferees, see Sec. 14, infra.
      Vacancies on a conference committee are filled through appointment 
  by the Speaker. 5 Hinds Sec. 6372; 8 Cannon Sec. 3228. The Speaker may 
  appoint a conferee to fill a vacancy caused by death or ill health, 
  resignation, or removal. Deschler-Brown Ch 33 Sec. Sec. 8.3, 8.8. The 
  Speaker may appoint the successor conferee with all or part of the 
  authority of the original conferee. 98-2, Mar. 21, 1984, p 6249.
      Usually a conferee resigns by sending a letter of resignation to 
  the Speaker. The letter is laid before the House. A conferee may be 
  excused by unanimous consent at the request of another Member, 
  particularly where time is of the essence. Deschler-Brown Ch 33 
  Sec. 8.2.
      Managers have resigned from conference committees because of 
  policy differences with other managers. In one instance, a Member 
  declared that his resignation was based on the fact that other House 
  conferees had agreed to a motion in conference limiting their 
  participation to specified portions of the matters committed to 
  conference, though originally all Members had been appointed without 
  restriction. The Member's resignation was accepted by unanimous 
  consent. Deschler-Brown Ch 33 Sec. 8.10.
      Under rule I clause 11, conferees may be removed from a conference 
  committee by the Speaker. Before the adoption of that rule, conferees 
  were removed only by action of the House by unanimous consent. 
  Deschler-Brown Ch 33 Sec. 8.1.


  Sec. 9 . Power and Discretion of Managers

                                 Generally

      There are limitations on the authority of the managers with 
  respect to the legislative matters they may address. The managers:

    May not change text that has already been agreed to by both 
         Houses. 5 Hinds Sec. Sec. 6417, 6418, 6420.
     May not address new items or a new subject not committed to 
         the conference. 5 Hinds Sec. Sec. 6407, 6408; 8 Cannon 
         Sec. Sec. 3254, 3255; 107-2, Nov. 14, 2002, p ____.
     Must confine themselves to matters that are within the scope 
         of the difference between the House position and the Senate 
         position. Manual Sec. 1088.

      These limitations stem from the fundamental principle that when a 
  bill is sent to conference, matters in disagreement between the 
  Houses--and

[[Page 338]]

  only matters in disagreement between the Houses--are before the 
  conferees. Manual Sec. 1088. A matter not within the scope of the 
  differences committed to the conference lies beyond the authority of 
  the managers even though germane to the question at issue. 5 Hinds 
  Sec. 6419.
      Rule XXII clause 9 permits managers to propose a substitute that 
  is a ``germane modification'' of the matter in disagreement but 
  proscribes the presentation of ``specific additional'' matter not 
  committed to conference. Clause 9 further prohibits the report of the 
  managers from including matter not committed to the conference by 
  either House or a modification of any specific matter committed to the 
  conference if that modification is beyond the scope thereof. Manual 
  Sec. 1088. For a discussion of points of order against the report, see 
  Sec. 22, infra; for the use of special rules to protect against a 
  point of order for exceeding ``scope,'' see Sec. 28, infra.

                      Differences as to Time Periods

      When the two Houses fix different periods of time for certain 
  legislative action, the conferees have latitude to compromise only 
  between the two time frames, and may not exceed the longer or go below 
  the shorter. 8 Cannon Sec. 3264. Likewise, where the Senate has 
  amended a House-passed bill to change the effective date therein, the 
  authority of the conferees on the bill is limited to the time frame 
  between the dates in each version. Where the dates contained in both 
  versions have since passed, the conferees may report the Senate 
  amendment back in technical disagreement so that the effective date 
  can be reconsidered. Deschler-Brown Ch 33 Sec. 7.12.

                   Differences as to Numbers or Amounts

      Where the legislative differences between the two Houses on a 
  measure involve numerical figures, managers at conference are limited 
  to the range between the highest figure proposed by one House and the 
  lowest proposed by the other. If, for example, the House proposes a 
  tariff rate of 30% for a certain product and the Senate proposes a 35% 
  tariff, the managers may agree on 30% or 35% or any tariff falling 
  within that range; but they may not agree on a tariff that is less 
  than 30% or more than 35%. 8 Cannon Sec. 3263. Similarly, where 
  sections of a conference report contain higher entitlements for 
  certain veterans' benefits than those contained in either the House 
  bill or in the Senate amendment, the conferees may be held to have 
  exceeded their authority. Deschler-Brown Ch 33 Sec. 7.7. By the same 
  token, conferees may report back in total disagreement where the 
  informal decisions reached by the conferees would have exceeded the 
  scope of the differences committed to conference by reducing certain 
  aggregate totals below

[[Page 339]]

  those in either the House or the Senate version. 95-1, Sept. 13, 1977, 
  p 29021.

                        Amendments to Existing Law

      Where one House has amended an existing law and the other House 
  has implicitly taken the position of existing law by remaining silent 
  on the subject, the scope of differences committed to conference lies 
  between those issues presented in the amending language on the one 
  hand and the comparable provisions of existing law on the other. 95-2, 
  Feb. 28, 1978, p 5010. In such cases, the Speaker may examine existing 
  law to determine whether House conferees have remained within the 
  scope of the differences committed to conference. Manual Sec. 1088.

               Extending Authority of Managers by Resolution

      On rare occasions, the managers of a conference have been 
  permitted to take up a matter not in issue between the Houses pursuant 
  to a concurrent resolution. 5 Hinds Sec. Sec. 6437-6439. Concurrent 
  resolutions permitting managers to consider matters not technically 
  committed to conference are considered by unanimous consent. Manual 
  Sec. 527.


  Sec. 10 . Meetings

                             Generally; Voting

      The managers of the two Houses while in conference vote 
  separately, the majority in each body determining the attitude to be 
  taken toward the proposition(s) at issue. 5 Hinds Sec. 6336. When the 
  report is made, the unqualified signatures of a majority of the 
  managers from each House are sufficient. For a more thorough 
  discussion of signatures on a conference report, see Sec. 18, infra.

                        Meetings as Open or Closed

      Rule XXII clause 12 requires a conference meeting of each 
  conference committee to be open to the public except where the House 
  by record vote determines otherwise. Manual Sec. 1093. The rule 
  permits a point of order in the House against the report if the House 
  managers fail to meet at least once in open session as required. See 
  Manual Sec. 548. If the point of order is sustained, it results in 
  rejection of the report (signatures notwithstanding) and in an 
  automatic request for a new conference, and it permits the appointment 
  of new conferees without intervening motion to instruct. Deschler-
  Brown Ch 33 Sec. 5.13.

[[Page 340]]

                   Motions to Close a Conference Meeting

      Under rule XXII clause 12, a motion to close a conference meeting 
  is privileged for consideration in the House after the House has 
  agreed to go to conference. The motion is not debatable and must be 
  decided by a record vote. The motion may be amended only if the Member 
  offering the motion yields for that purpose (or the previous question 
  is rejected). Manual Sec. 1093. The motion may provide for exceptions 
  or limitations, such as a stipulation that the meeting may be closed 
  only when certain matters are under discussion or that any sitting 
  Member of Congress shall have the right to attend such meeting. 95-2, 
  July 14, 1978, p 20960.

               Points of Order as to Meeting Irregularities

      There are no formal House rules that govern procedures to be 
  followed in conducting a meeting of the conferees. The conferees offer 
  motions or consider and debate propositions according to their own 
  informal guidelines or ad hoc rules, with each House having one vote. 
  The Speaker will not normally sustain a point of order against 
  consideration of a conference report signed by a majority of House and 
  Senate conferees based upon irregularities at the conference meeting, 
  other than the requirement for one open meeting. 96-2, Mar. 25, 1980, 
  p 6430. This position reflects the policy that unqualified signatures 
  of a majority of House and Senate conferees constitute a ratification 
  of any procedural irregularity alleged to have occurred in a 
  conference committee. The Speaker will not look behind the signatures 
  to determine whether the report has incorporated all the agreements 
  informally made in conference. Deschler-Brown Ch 33 Sec. 18.2. In one 
  instance the Speaker overruled a point of order against a conference 
  report signed by a majority of the conferees, although the Member 
  raising the point of order alleged that the form of the report was 
  inconsistent with a motion agreed to in the conference meeting. 
  Deschler-Brown Ch 33 Sec. 7.13.

[[Page 341]]

                  III. Instructions to Managers; Motions


  Sec. 11 . In General

                           Instructions In Order

      Instructions are used primarily to indicate priorities considered 
  important to the House or to identify positions or amendments it would 
  support or oppose. The House may instruct its conferees to:

     Insist on a portion of a House amendment to a Senate bill. 93-
         1, July 24, 1973, pp 25539-41.
     Agree to a numbered Senate amendment with an amendment that is 
         within scope. Manual Sec. 941.
     Insist on certain provisions in a House-passed bill. 96-1, 
         Dec. 19, 1979, p 36895.
     Disagree to one of several Senate amendments (notwithstanding 
         that the House has just disagreed to all Senate amendments in 
         toto). 91-1, Oct. 9, 1969, p 29315.
     Insist on a meeting with Senate conferees. Manual Sec. 1079.

                        Limitations on Instructions

      Instructions may not direct conference managers to do that which 
  they might not otherwise do (5 Hinds Sec. Sec. 6386, 6387; 8 Cannon 
  Sec. Sec. 3235, 3244), such as to change a part of a bill not in 
  disagreement (5 Hinds Sec. Sec. 6391-6394). Instructions may not:

     Change the text to which both Houses have agreed. 5 Hinds 
         Sec. 6388.
     Direct the conferees to agree to something not committed to 
         conference. Manual Sec. 1088.
     Agree to the deletion of certain language committed to 
         conference if the effect of such deletion results in broadening 
         the scope of the matter in disagreement. Manual Sec. 1088.
     Direct conferees to concur in a Senate amendment with an 
         amendment not germane thereto. 8 Cannon Sec. 3235.
     Include argument. Rule XXII clause 7(d).

      One House has no jurisdiction over conferees appointed by the 
  other. Instructions apply only to managers on the part of the House 
  giving the instructions. 8 Cannon Sec. Sec. 3241, 3242.

        Conferring Authority to Agree to Certain Senate Amendments

      A motion to instruct also may be used to authorize House 
  conferees, pursuant to rule XXII clause 5, to agree to certain Senate 
  amendments. Clause 5 requires such authorization for Senate amendments 
  that, if originating in the House, would violate rule XXI clause 2 
  (legislation on an ap

[[Page 342]]

  propriation bill or an unauthorized appropriation) or propose an 
  appropriation on a bill other than a general appropriation bill. 
  Manual Sec. 1076. However, clause 5 does not permit a motion to 
  instruct conferees on a general appropriation bill to include 
  additional legislation to that contained in the Senate amendment. 
  Manual Sec. 1076.


  Sec. 12 . Consideration of Motions to Instruct

                                 Generally

      The opportunity for the House to instruct conferees arises at 
  three distinct stages of the legislative process: (1) at the time the 
  House votes to go to conference, (2) 20 calendar days and, 
  concurrently, 10 legislative days after the second House has appointed 
  conferees, the conferees having failed to report (Sec. 14, infra), and 
  (3) immediately before adoption of a conference report by the first 
  House, in a motion to recommit the conference report to conference 
  (Sec. 15, infra). For a discussion of recognition and debate of such 
  motions, see Sec. 13, infra.

                          On Going to Conference

      After the House has voted to go to conference with the Senate, the 
  House may consider a timely motion to instruct its managers. A motion 
  to instruct the House managers at a conference is in order after the 
  House has agreed to a conference and before the appointment of the 
  conferees, although the motion may be postponed by unanimous consent 
  until a time after the appointment. 5 Hinds Sec. Sec. 6379-6382. The 
  motion is not in order until the House has voted to ask for or agree 
  to a conference. Deschler-Brown Ch 33 Sec. 10.5. Only one motion to 
  instruct conferees is in order at this stage. Manual Sec. 541; 8 
  Cannon Sec. 3236.

                             Tabling of Motion

      A motion to instruct House managers at a conference is subject to 
  the motion to lay on the table; and, if adopted, does not carry the 
  bill to the table. Manual Sec. 541. The motion to lay the motion to 
  instruct on the table is in order after the motion to instruct has 
  been read or after debate thereon before ordering the previous 
  question. If the motion to table is voted down, the previous question 
  may be moved on the motion to instruct. Deschler-Brown Ch 33 
  Sec. 9.13.

                   Withdrawal or Postponement of Motion

      A motion to instruct the House managers at a conference has been 
  withdrawn after debate thereon. Deschler-Brown Ch 33 Sec. 9.14. The 
  postponement of consideration of such a motion is permitted by 
  unanimous consent.

[[Page 343]]

   Deschler-Brown Ch 33 Sec. 10.4. Under rule XX clause 8, the Speaker 
  may postpone the vote on a motion to instruct. However, proceedings 
  may not resume on a postponed question of agreeing to a motion to 
  instruct under rule XX clause 7 after the managers have filed a 
  conference report in the House. Manual Sec. 1079.


  Sec. 13 . -- Debate on Motion; Recognition and Amendments

                          Recognition and Debate

      Recognition to offer the initial motion to instruct House 
  conferees, and the motion to recommit a conference report with 
  instructions, is the prerogative of the minority. The Speaker 
  recognizes the ranking minority member of the committee reporting the 
  bill when that member seeks recognition to offer the motion. Manual 
  Sec. 541.
      A motion to instruct conferees is debatable under the hour rule. 
  Under rule XXII clause 7(b), the hour is equally divided between the 
  majority and minority parties unless both support the motion. Manual 
  Sec. 1078. In that case a Member in opposition to the motion may 
  demand one-third of the time for debate. No additional debate thereon 
  is in order unless the previous question is rejected or unless the 
  Member having the floor yields for amendment. See, e.g., Deschler-
  Brown Ch 33 Sec. 9.7. The hour of debate time on a motion to instruct 
  may be terminated by laying the motion to instruct on the table before 
  debate. Deschler-Brown Ch 29 Sec. 68.29.

                           Amendments to Motion

      No amendment to a motion to instruct is in order unless the 
  previous question is rejected or unless the Member having the floor 
  yields for amendment. Manual Sec. 541.


  Sec. 14 . Motions After Failure of Managers to Report

      Where conferees have been appointed for 20 calendar days and, 
  concurrently, 10 legislative days (or for 36 hours during the last six 
  days of a session) and have failed to file a report, motions to 
  instruct the House managers--or discharge and appoint new ones--are in 
  order. Rule XXII clause 7(c). This period runs from the time that the 
  conference committee has been formed by appointment in both Houses. 
  Deschler-Brown Ch 33 Sec. 14.3. The Member offering such motion must 
  give notice of one legislative day under the rule, and recognition 
  does not depend on party affiliation. Manual Sec. 1079. When the House 
  adjourns while such motion is pending, the motion becomes unfinished 
  business on the next day and does not need to be renoticed. Manual 
  Sec. 877.

[[Page 344]]

      The practice that precludes more than one motion in the House to 
  instruct conferees before their appointment (Sec. 12, supra) is not 
  applicable to motions to instruct (or discharge and appoint new) 
  conferees who have failed to report to the House within the requisite 
  period. Manual Sec. 541. Indeed, a motion to instruct House conferees 
  who have failed to report for 20 calendar days and, concurrently, 10 
  legislative days is in order even though its instructions are the same 
  as those given to the conferees at the time the bill was sent to 
  conference. 92-2, May 11, 1972, pp 16838-42. The motion remains 
  available when a conference report is recommitted by the first House 
  to act thereon, because the conferees are not discharged and the 
  original conference remains in existence. Manual Sec. 1079.


  Sec. 15 . Instructions in Motions to Recommit

      A motion to recommit a conference report may include instructions 
  to the House conferees. 8 Cannon Sec. 3241; Sec. 35, infra. A report 
  may be recommitted with instructions to insist on disagreement or take 
  other action on an amendment contained in the report. Deschler-Brown 
  Ch 33 Sec. 32.38; 94-2, Sept. 28, 1976, p 33034.
      However, the motion may not instruct House conferees to include 
  matter that is beyond the scope of differences committed to 
  conference. For example, a motion to instruct conferees on a general 
  appropriation bill may not instruct the conferees to include a funding 
  limitation not contained in the House bill or Senate amendment or to 
  add legislation to that contained in a Senate amendment. Manual 
  Sec. 1076. Similarly, a motion to recommit a conference report may not 
  instruct conferees to expand definitions to include classes not 
  covered under the House bill or Senate amendment or to include 
  provisions not contained in the House bill or Senate amendment. A 
  waiver of all points of order against a conference report and against 
  its consideration does not inure to instructions contained in a motion 
  to recommit such measure to conference. Manual Sec. 1088.
      Under rule XXII clause 7(d), instructions to conferees in a motion 
  to recommit to conference may not include argument.


  Sec. 16 . Instructions as Binding on the Managers

      Instructions by the House to its conferees are advisory in nature 
  and are not binding as a limitation on their authority. Manual 
  Sec. 550. A failure of conferees to adhere to such instructions does 
  not render their report subject to a point of order. Manual Sec. 541; 
  5 Hinds Sec. 6395; 8 Cannon Sec. Sec. 3246-3248. Conferees are not 
  required to seek further guidance if they are unable to comply with 
  instructions suggested to them. Deschler-Brown Ch 33

[[Page 345]]

  Sec. 12.4. For these reasons, a point of order will not lie against a 
  conference report because it is in contravention of instructions 
  imposed on House conferees. It is for the House to determine by its 
  vote on the report whether to accept or reject it or to recommit it. 
  Manual Sec. 541. For a discussion of voting on the report, see 
  Sec. 36, infra.

                          IV. Conference Reports


                            A. Generally; Form


  Sec. 17 . In General; Preparation and Filing

                        Generally; Partial Reports

      A conference report contains the recommendations of the conference 
  committee to the two Houses as to the disposition of the matter in 
  disagreement. The report may recommend, for example, that the House 
  (or Senate) recede from disagreement to a certain numbered amendment, 
  or that it agree to a certain amendment with an amendment. A 
  conference report may contain an entirely new amendment in the nature 
  of a substitute. Manual Sec. 543; 5 Hinds Sec. Sec. 6465-6467.
      The report will normally identify those amendments on which the 
  committee has been unable to agree. Managers may report an agreement 
  as to a portion of the numbered amendments in disagreement, leaving 
  the remainder to be disposed of by subsequent House action. 5 Hinds 
  Sec. Sec. 6460-6464. For a discussion of disposition of amendments 
  remaining in disagreement between the Houses, see Senate Bills; 
  Amendments Between the Houses.
      A conference report is jointly prepared by the managers from the 
  House and the Senate. The report must be signed by a majority of the 
  managers of the House and a majority of the managers on the part of 
  the Senate. Under House precedents, the signatures must be without 
  qualification, exception, or argument. Sec. 18, infra. Minority views 
  are not in order. Manual Sec. 543. The managers in the minority have 
  no authority to make a formal report concerning the conference. 5 
  Hinds Sec. 6406.
      Filing a conference report and subsequent printing in the 
  Congressional Record are necessary to initiate the three-day waiting 
  period that must precede the consideration of the report on the floor 
  of the House. Manual Sec. 1082; Sec. 30, infra. Under rule XXII clause 
  7 the filing of a conference report is privileged. Permission to file 
  and print a report when the House is not in session may be given by 
  unanimous consent.

[[Page 346]]

      In the case of recommittal of a conference report to a committee 
  of conference, the subsequent conference report is filed as 
  privileged, assigned a new number, and otherwise treated as a new and 
  separate report. Deschler-Brown Ch 33 Sec. 16.2.

                          Explanatory Statements

      Under rule XXII clause 7(e), conference reports are to be 
  accompanied by an explanatory statement prepared jointly by the 
  conferees on the part of the House and the conferees on the part of 
  the Senate. This statement must inform the House as to the effect that 
  the matter contained in the report will have upon the pending measure. 
  Manual Sec. 1080. This statement is signed by a majority of the 
  managers of each House, which, under House precedents, must be without 
  qualification, exception, or argument. Manual Sec. 543.
      A report may not be received without the accompanying statement. 
  Manual Sec. 1080. The Speaker may require the statement to be in 
  proper form, but it is for the House, and not the Speaker, to 
  determine its sufficiency. 5 Hinds Sec. Sec. 6511-6513.
      Although minority views are not in order on a conference report, 
  the majority of the managers may, in the statement accompanying the 
  report, indicate exceptions taken or objections raised by certain 
  conferees who signed with the majority. Deschler-Brown Ch 33 
  Sec. 20.4. A conferee may not revise or supplement a joint statement 
  of managers by inserting in the Congressional Record by unanimous 
  consent extraneous material. Manual Sec. 1080.


  Sec. 18 . Signing and Signatures

      To be valid in the House, a conference report must be signed by a 
  majority of the managers of the House and by a majority of the 
  managers of the Senate without qualification, exception, or argument. 
  Manual Sec. 543; 5 Hinds Sec. Sec. 6497-6502 (even though under Senate 
  practice signatures with conditions or exceptions are counted toward a 
  majority). In the House each provision must receive signatures of a 
  majority of the Members appointed for that provision only (including 
  general and additional conferees). However, under Senate practice, 
  signatures are counted strictly per capita. Reports bearing 
  insufficient signatures are subject to a point of order and will not 
  be received. 5 Hinds Sec. 6497; 8 Cannon Sec. 3295.
      Reports are made in duplicate for the two Houses, the House 
  managers signing first the report for their House and the Senate 
  managers signing the other report first. 5 Hinds Sec. 6500. The name 
  of an absent manager may not be affixed to a conference report. 
  However, the House and Senate may by

[[Page 347]]

  concurrent action authorize him to sign the report after it has been 
  acted on. 5 Hinds Sec. 6488. A quorum among the managers on the part 
  of the House at a committee of conference is established by their 
  signatures on the conference report and joint explanatory statement. 
  Manual Sec. 543.

                      Signatures with Qualifications

      Conferees have been permitted to sign a conference report with 
  qualification or exception. 5 Hinds Sec. Sec. 6489-6496, 6538. 
  However, recent precedents in the House weigh against allowing such 
  signatures to be counted with the majority in support of the report. 
  This is consistent with the general rule that conferees may not file 
  separate or minority views. Managers on the part of the House must act 
  on a conference report as a whole, either by signing it to indicate 
  their support for all that is included in the report or by declining 
  to sign it to indicate their opposition to any part thereof. Manual 
  Sec. 543; 8 Cannon Sec. 3302. However, under Senate practice, House 
  and Senate signatures with conditions or exceptions are counted toward 
  a majority.


  Sec. 19 . Correction of Errors

      A correction to language appearing in a conference report may be 
  made by the Clerk or the Secretary of the Senate in the enrollment of 
  the bill if authorized by concurrent resolution. Such a concurrent 
  resolution may be considered by unanimous consent, under suspension of 
  the rules, or by report from the Committee on Rules. Manual Sec. 527. 
  In one instance, a conference report and concurrent resolution making 
  changes therein (by correcting the enrollment) were simultaneously 
  adopted under a motion to suspend the rules. Deschler-Brown Ch 33 
  Sec. 30.28.
      The inadvertence of the conferees in failing to dispose of an 
  amendment to a title does not prevent the amendment from coming back 
  to the House for disposition by motion or unanimous consent following 
  adoption of the conference report. 94-2, Apr. 28, 1976, p 11598; 94-2, 
  Sept. 10, 1976, p 29759; 107-2, Oct. 10, 2002, p ____.


                B. Limitations on Reports; Points of Order


  Sec. 20 . In General

      A conference report is subject to a point of order for failure to 
  comply with one or more rules of the House when the report is called 
  up for consideration in the House and before debate on it begins. 
  Deschler-Brown Ch 33 Sec. 25.9. For a discussion of raising points of 
  order, see Sec. 27, infra.

[[Page 348]]

  Sec. 21 . Reports Exceeding Authority of Managers

      A point of order will lie against a conference report on the 
  ground that the conferees have agreed to a provision that was beyond 
  the limits of their authority. Manual Sec. 1088; Sec. 9, supra. If the 
  point of order is sustained, the conference report is vitiated; and 
  the bill and amendments are again before the House for consideration. 
  Manual Sec. 547; 8 Cannon Sec. 3256; 107-2, Nov. 15, 2002, p ____.
      Sustaining a point of order on a conference report on the ground 
  that it contains a provision beyond scope does not preclude subsequent 
  consideration of the same provision in the House by motion. The bill 
  and amendments are again before the House and, the stage of 
  disagreement having been reached, motions relating to amendments and a 
  further conference are in order. Deschler-Brown Ch 33 Sec. 25. A 
  matter ruled out as ``beyond scope'' may constitute a germane 
  amendment to a Senate amendment remaining in disagreement.
      For a discussion of the Senate scope rule, Senate Rule XXVIII 
  clause 2, see Deschler-Brown Ch 33 Sec. 19.4


  Sec. 22 . -- Conference Substitutes or Modifications

      Under rule XXII clause 9, a conference report containing a 
  substitute agreed to by the managers may not include matter not 
  committed to the conference by either House. Manual Sec. 1088. Points 
  of order under the rule are confined to language in the conference 
  report and do not extend to expressions of intent in the joint 
  statement. Deschler-Brown Ch 33 Sec. 7.4. Even a modification of a 
  proposition will give rise to a point of order if it is beyond the 
  scope of either the bill or the amendment as committed to conference. 
  Deschler-Brown Ch 33 Sec. 7.11. The deletion of provisions ``not 
  committed to conference'' because the text has been agreed to by both 
  Houses or is identical in the bill and the amendment also may give 
  rise to a point of order. Manual Sec. 527. The managers may eliminate 
  specific words or phrases contained in either version and add words or 
  phrases not included in either version only if they remain within the 
  scope of their differences and do not incorporate additional topics, 
  issues or propositions. Deschler-Brown Ch 33 Sec. 7.4.


  Sec. 23 . Nongermane Senate Matter

      A Member may raise a point of order against certain language in a 
  conference report if such matter originated in the Senate but would 
  have been considered as not germane if offered to the text when under 
  consideration

[[Page 349]]

  in the House. The point of order may be raised with respect to a 
  Senate amendment, a conference substitute, or a provision in a Senate 
  bill (if not included in the House-passed version). The point of order 
  must be raised before the report itself is debated. Rule XXII clause 
  10(a).
      If the Chair sustains a point of order that conferees have agreed 
  to a nongermane Senate provision, a motion to reject that provision is 
  in order, which is debatable for 40 minutes, equally divided between 
  the Member offering the motion and a Member opposed. Rule XXII clause 
  10(b). Recognition is not based on party affiliation. Deschler-Brown 
  Ch 29 Sec. 17.10. No other point of order may be made until disposal 
  of the motion to reject. Manual Sec. 1090.
      If the motion to reject is not agreed to, the nongermane Senate 
  matter is retained, and debate commences on the conference report 
  itself. Deschler-Brown Ch 33 Sec. 30.24.
      Under rule XXII clause 10(d), if the House votes in favor of any 
  motion to reject the nongermane matter, the report itself is 
  considered as rejected. The House then automatically proceeds to 
  consider a motion to recede and concur with an amendment (consisting 
  of that portion of the report not rejected) or to insist on its own 
  amendment. Manual Sec. 1089. The adoption of clause 10(d) was based on 
  the principle that a conference report must be acted on as a whole. It 
  must be either agreed to or disagreed to in its entirety. Rejection of 
  a portion of a conference report results in the rejection of the 
  entire report. Manual Sec. 549.
      Points of order arising under rule XXII clause 10(a) are normally 
  waived by a special rule from the Committee on Rules or by unanimous 
  consent. Sec. 28, infra.


  Sec. 24 . Senate Appropriations on House Legislative Bill

      Under rule XXII clause 5, the House managers may not agree to a 
  Senate amendment providing for an appropriation on any bill other than 
  a general appropriation bill unless specific authority to agree to 
  such amendment is first given by the House. Manual Sec. 1076. 
  Therefore, where a House legislative measure has been committed to 
  conference and the conferees agree to a Senate amendment appropriating 
  funds, the conference report thereon is subject to a point of order 
  and may be ruled out. Manual Sec. 1076. This point of order:

     Applies only to Senate amendments that are reported from 
         conference and not to appropriations reported in Senate 
         legislative bills. Manual Sec. 1076.
     Does not apply if House conferees were authorized to agree to 
         the amendment by separate House vote, such as a motion to 
         instruct or a motion to recommit with instructions. Manual 
         Sec. 1076.

[[Page 350]]

     Does not apply to a provision permitted by the House to remain 
         in its own bill. Manual Sec. 1076.
     May be waived by special rule or by unanimous consent. 
         Sec. 28, infra.


  Sec. 25 . Senate Legislation on House Appropriation Bill

      Language changing existing law in violation of rule XXI clause 
  2(c)--often referred to as ``legislation on an appropriation bill''--
  may give rise to a point of order if it appears in a Senate amendment 
  agreed to by the conference managers. The House managers may not agree 
  to such an amendment unless specific authority to agree to the 
  amendment is first given by the House by a separate vote, such as a 
  vote on a motion to instruct or a motion to recommit with 
  instructions. Manual Sec. Sec. 1039, 1076. The purpose of this 
  restriction is to prevent conference committees from using 
  appropriation bills to legislate or to agree to unauthorized 
  appropriations without the permission of the House. 7 Cannon 
  Sec. 1574.
      Points of order arising under this requirement are normally waived 
  by a special rule from the Committee on Rules or by unanimous consent. 
  Sec. 28, infra.
      Because of the point of order that will lie against the conferees' 
  agreement to a Senate legislative amendment to an appropriation bill 
  under the rules, it was at one time a customary practice to report 
  such amendments in technical disagreement, where such Senate 
  amendments were separately numbered. The House would first consider a 
  partial report consisting of the matter agreed to in conference and 
  not in conflict with rule XXI, and then consider separately those 
  amendments reported in real or technical disagreement. Such Senate 
  amendments are not subject to a point of order when reported from 
  conference in disagreement, and may be called up for disposition by 
  separate motion. Manual Sec. 1076. Under rule XXII clause 8(b)(3), a 
  preferential motion to insist on disagreement to the Senate amendment 
  is in order if offered by the House committee having jurisdiction 
  thereof and if the original motion to dispose of the Senate 
  legislative amendment offered by the House manager proposes to amend 
  existing law. Manual Sec. 1084; see Senate Bills; Amendments Between 
  the Houses. However, under modern practice, the Senate ordinarily 
  amends a House-passed general appropriation bill with one amendment in 
  the nature of a substitute, which precludes reporting in partial 
  disagreement of portions thereof and necessitates waivers of points of 
  order in the House.

[[Page 351]]

  Sec. 26 . Congressional Budget Act Violations

      Congressional action on legislation reported from a conference 
  committee is subject to the Congressional Budget Act of 1974. Manual 
  Sec. 1127. The following points of order against consideration of a 
  conference report under the Congressional Budget Act lie in the House:

     Containing spending, revenue, or debt-limit legislation for a 
         fiscal year before a budget resolution for that year has been 
         adopted. Sec. 303(a).
     Containing matter within the jurisdiction of the House and 
         Senate Budget Committees but not reported by those committees. 
         Sec. 306.
     On reconciliation legislation if containing a recommendation 
         that changes Social Security. Sec. 310(g).
     Breaching the allocation--to each committee with 
         jurisdiction--of appropriate levels of budgetary spending 
         authority. Sec. 302(f).
     Breaching certain budgetary levels as set forth in the 
         applicable concurrent resolution on the budget. Sec. 311(a).
     Providing certain budget authority beyond that provided for in 
         advance in appropriation acts. Sec. 401.
     Increases in the costs of Federal intergovernmental mandates 
         by amounts that exceed specified thresholds (to be determined 
         by a vote on the question of consideration). Sec. 425.
     In the Senate only, a conference report on a reconciliation 
         bill that includes extraneous provisions (the ``Byrd Rule''). 
         Sec. 313.

  Sec. 27 . Raising Points of Order

                                 Generally

      A point of order against a conference report comes too late after 
  debate has been had on the report. The point of order should be made 
  when the report is called up for consideration and before debate 
  thereon. Deschler-Brown Ch 33 Sec. 25.9. Where a reading is required, 
  a point of order against the report is not entertained until after the 
  report has been read and cannot be reserved during a reading of the 
  report. Deschler-Brown Ch 33 Sec. 25.12; 94-1, Dec. 15, 1975, p 40671. 
  Under rule XXII clause 8(c), a conference report is considered as read 
  if it has been available for three days (having been printed in the 
  Congressional Record on the day filed). The report also may be 
  considered as read by special rule or by unanimous consent.

                         Multiple Points of Order

      The Chair may rule on all points of order raised against a 
  conference report, whether they are made separately or at one time. 
  Deschler-Brown Ch 33 Sec. 25.18. However, the Chair entertains and 
  rules on points of order that, if sustained, will vitiate the entire 
  conference report before entertaining

[[Page 352]]

  points of order against certain portions of the report under rule XXII 
  clause 10. Manual Sec. 1090.
      Where a point of order against a conference report is overruled, a 
  second point of order may be pressed against the report, providing 
  that debate on the report has not intervened. Deschler-Brown Ch 33 
  Sec. 25.17.

             Points of Order and the Question of Consideration

      The question of consideration may be raised against a conference 
  report before the Chair entertains points of order against the report 
  on the ground that it is useless to entertain points of order if the 
  House is not going to consider the report. However, a point of order 
  should be decided first if it concerns whether the matter is 
  privileged to come up for consideration in the first instance. Manual 
  Sec. 909.
      Under section 426 of the Congressional Budget Act of 1974, which 
  provides for disposition of points of order that preclude unfunded 
  Federal intergovernmental mandates, a question of consideration can be 
  raised against a conference report that contains a provision 
  increasing the costs of such mandates above levels specified in 
  section 424 of that Act. If the provision is precisely identified in 
  the point of order, the House can then, by voting on the question of 
  consideration, determine whether or not to allow the entire conference 
  report to be considered.


  Sec. 28 . Waiving Points of Order

                              By Special Rule

      Points of order against a conference report--or against the 
  consideration of a conference report--may be waived pursuant to a 
  resolution reported by the Committee on Rules and adopted by the 
  House, and this has become the normal practice. See, e.g., 107-1, H. 
  Res. 312, Dec. 12, 2001, p ____. The resolution normally waives all 
  points of order but may waive one or more specific points of order. 
  Such a resolution may also waive all points of order against a 
  conference report except against certain provisions, for example, 
  sections therein that contain matter beyond the House conferees' scope 
  of authority in violation of rule XXII clause 9. Deschler-Brown Ch 33 
  Sec. 26.8.
      Resolutions waiving certain points of order against a conference 
  report are subject to germane amendment if the previous question on 
  the resolution is voted down. See Special Orders of Business.

                           By Unanimous Consent

      By unanimous consent the House may waive some or all of the points 
  of order that would otherwise lie against a conference report and may 
  take

[[Page 353]]

  such action before the report has been filed or even before the 
  conferees have reached agreement. 98-2, June 18, 1984, p 16841; 99-1, 
  Dec. 16, 1985, p 26559. By unanimous consent, the House has provided 
  for the following:

     The consideration of a report (on a bill on which conferees 
         had just been appointed) on that same day or any day thereafter 
         (if filed). 99-1, Aug. 1, 1985, p 22640.
     The consideration of a report not yet filed and amendments 
         reported in disagreement, subject to one-hour availability to 
         Members. Deschler-Brown Ch 33 Sec. 2.24.
     The consideration of a report containing no joint statement of 
         the managers. 98-2, June 29, 1984, p 20206.
     The midnight filing of a new report on a bill recommitted to 
         conference, and the consideration of the report on the 
         following day. 97-2, Aug. 17, 1982, pp 21397, 21398.

                      By Motion to Suspend the Rules

      A conference report may be adopted pursuant to a motion to suspend 
  the rules. Deschler-Brown Ch 33 Sec. 30.26. Thus, the Speaker may 
  recognize a Member to move to suspend the rules and agree to a 
  conference report that has been ruled out of order because the 
  conferees exceeded their authority in violation of rule XXII clause 9 
  or because the conference report has not met its availability 
  requirement under rule XXII clause 8. Deschler-Brown Ch 33 Sec. 26.28; 
  Deschler-Brown Ch 33 Sec. 27.9.


                C. Consideration and Disposition of Reports


  Sec. 29 . In General; Custody of Official Papers

      Both Houses of Congress must agree to a conference report, and 
  they do so seriatim. Either House must be in possession of the 
  official papers before it can act. Manual Sec. 549. Under a practice 
  suggested by Jefferson, at the close of an effective conference, the 
  official papers change hands from the House asking the conference to 
  the House agreeing to the conference. The managers on the part of the 
  House agreeing to the conference take possession of the papers and 
  submit them and the report to their House, which acts first on the 
  report. However, the managers for the agreeing House may nevertheless 
  surrender the papers to the asking House so that it may act first on 
  the report. Manual Sec. 555; 8 Cannon 3330.
      Where a conference dissolves without reaching any agreement, the 
  managers for the House that (having the papers) asked the conference, 
  are justified in retaining them and carrying them back to their House. 
  Manual Sec. 556;

[[Page 354]]

  5 Hinds Sec. Sec. 6254, 6571-6584; 8 Cannon Sec. 3332. However, in the 
  event that the matter in disagreement is an amendment of the House 
  that requested the conference, the papers may be surrendered to the 
  other House to permit it to act first on, and respond to, that 
  amendment. Deschler-Brown Ch 33 Sec. 24.13.


  Sec. 30 . Layover and Availability Requirements

                                 Generally

      The floor consideration of conference reports is subject to 
  layover and availability requirements under rule XXII clause 8(a). 
  Manual Sec. 1082. They require that conference reports:

     Be printed in the Congressional Record on the day filed and be 
         available for three calendar days (excluding Saturdays, 
         Sundays, and legal holidays unless the House is in session).
     Be available to Members on the floor for at least two hours 
         before consideration thereof.

      The three-day layover requirement does not apply during the last 
  six days of a session. Manual Sec. 1082. This is construed to mean 
  that, during the last six calendar days before the constitutional end 
  of a session on January 3, a conference report may be called up on the 
  same day it is filed. Deschler-Brown Ch 33 Sec. 22.5.

                                  Waivers

      The three-day layover rule may be waived by unanimous consent, by 
  suspension of the rules, or, more commonly, by adoption of a special 
  rule. Sec. 28, supra. A resolution only waiving the availability 
  requirement may be considered on the same day the resolution is 
  reported under rule XXII clause 8(e) and rule XIII clause 6(a)(2). 
  Such a resolution may permit a waiver of the three-day layover 
  requirement for the remainder of a session. 93-2, Dec. 18, 1974, pp 
  40846, 40847.
      Even if the three-day layover requirement is waived, the 
  conference report is still to be available at least two hours before 
  the matter is taken up for consideration, although the two-hour 
  requirement may likewise be waived pursuant to a special rule. 
  Deschler-Brown Ch 33 Sec. 27.10. The two-hour requirement also may be 
  waived pursuant to a unanimous-consent agreement providing for 
  consideration ``immediately'' after filing. Deschler-Brown Ch 33 
  Sec. 27.9.

[[Page 355]]

  Sec. 31 . Filing and Calling Up Report; Reading

                           Generally; Precedence

      A conference report may be called up in the House as privileged 
  business after the report has been filed and is in compliance with the 
  three-day layover and two-hour availability requirements of rule XXII. 
  Sec. 30, supra.
      Because of its potential value in settling House-Senate 
  differences, the filing of a conference report is considered as a 
  matter of high privilege. Rule XXII clause 7; Manual Sec. 1077; 5 
  Hinds Sec. 6443. Its presentation or filing takes precedence over:

     Unfinished business. Manual Sec. 1077.
     The reading of a bill. 5 Hinds Sec. 6448.
     A Member occupying the floor in debate. 5 Hinds Sec. 6451.
     The ordering of (or demand for) the previous question. 5 Hinds 
         Sec. Sec. 6449, 6450.
     The question of ordering a recorded vote. 5 Hinds Sec. 6447.
     A motion to refer a Senate bill. 5 Hinds Sec. 6457.
     A motion to reconsider. 5 Hinds Sec. 5605.
     A motion to adjourn (although as soon as the report is 
         presented the motion to adjourn may be put). Manual Sec. 1077.

                              Who May Call Up

      A conference report may be called up for consideration in the 
  House by the senior manager on the part of the House at the 
  conference, and he may be recognized to do so even though he did not 
  sign the report and was in fact opposed to it. Deschler-Brown Ch 33 
  Sec. 23.3. If the senior House manager is unable to be present on the 
  floor to call up the report, the Speaker will recognize another 
  majority member of the conference committee. Deschler-Brown Ch 33 
  Sec. 23.1.

                                  Reading

      Under rule XXII clause 8(c), a conference report that meets the 
  availability requirements need not be read when called up for 
  consideration in the House. If it has not been available for the 
  three-day period, it must be read in full when called up for 
  consideration, unless dispensed with by unanimous consent or by 
  special rule. The statement of the managers accompanying a conference 
  report may by unanimous consent be read in lieu of the report. 
  Deschler-Brown Ch 33 Sec. 20.9.

[[Page 356]]

                         Withdrawal; Postponement

      A conference report may be withdrawn from consideration in the 
  House by the Member calling it up at any time before action thereon. 
  Deschler-Brown Ch 33 Sec. 20.9.
      A motion to postpone the consideration of a conference report to a 
  day certain is permitted until the previous question is ordered on the 
  report. Thereafter, postponement is permitted only by unanimous 
  consent (except for the Speaker's authority to postpone the vote on 
  adoption of a conference report under rule XX clause 8). Deschler-
  Brown Ch 33 Sec. 30.9.


  Sec. 32 . En Bloc Consideration

                                  Reports

      Ordinarily, it is not permissible to consider several conference 
  reports en bloc. Each conference report should be considered and voted 
  upon separately. Deschler-Brown Ch 33 Sec. 30.2. However, pursuant to 
  a resolution from the Committee on Rules, the House may consider and 
  vote on two or more conference reports en bloc. Deschler-Brown Ch 33 
  Sec. 22.10.

                        Amendments in Disagreement

      Where two or more amendments have emerged from conference in 
  disagreement, they may by unanimous consent be considered en bloc 
  where the same motion is to be applied to each amendment. Deschler-
  Brown Ch 33 Sec. 29.42. Proposed motions to dispose of the amendments 
  that were not all the same (as where they proposed to recede and 
  concur with different amendments) also may be considered by unanimous 
  consent. Deschler-Brown Ch 32 Sec. 11.10. For disposition of Senate 
  amendments generally, see Senate Bills; Amendments Between the Houses.


  Sec. 33 . Debate

                         Generally; Extending Time

      Debate on a conference report is under the hour rule. Rule XVII 
  clause 2; rule XXII clause 8(d); Manual Sec. Sec. 957, 1086. Such 
  debate may be extended by unanimous consent or by special rule 
  reported by the Committee on Rules but not by motion. Deschler-Brown 
  Ch 33 Sec. Sec. 28.2, 28.3. The one hour of debate could also be 
  continued if the motion for the previous question were rejected. 93-2, 
  Feb. 27, 1974, p 4397.

                             Division of Time

      Under rule XXII clause 8(d), the time for debate on a conference 
  report or an amendment emerging from conference in disagreement is 
  equally di

[[Page 357]]

  vided between the majority and minority parties. The rule has been 
  interpreted to require an equal allocation of time on a motion to 
  dispose of an amendment in disagreement following rejection of a 
  conference report by the House or following the sustaining of a point 
  of order against a conference report. Indeed, it has become the 
  practice of the House to equally divide the time on all motions to 
  dispose of amendments emerging from conference in disagreement, 
  whether the amendment has been reported in disagreement or has come 
  before the House at some other stage for disposition. Manual 
  Sec. 1086.

                       Three-way Division of Debate

      Rule XXII clause 8(d) provides that, if both the floor manager for 
  the majority and the floor manager for the minority support a 
  conference report, the hour of debate thereon may be divided three 
  ways--among the two managers and a Member who is opposed. Manual 
  Sec. 1086. This allocation may not be claimed if the minority manager 
  states that he or she is opposed to the report. 99-2, Oct. 15, 1986, p 
  31515. Recognition of a Member to control the 20 minutes of debate in 
  opposition does not depend upon party affiliation. Priority in such 
  recognition is accorded to a member of the conference committee. 
  Manual Sec. 1086.
      To open debate, the Chair recognizes first the majority manager 
  calling up the conference report, then the minority manager, then the 
  Member in opposition. The right to close the debate where the time is 
  divided three ways falls to the manager calling up the conference 
  report. A similar three-way division of time applies to the motion 
  offered by the floor manager to dispose of an amendment remaining in 
  disagreement if the floor managers for the majority and minority favor 
  the motion. Manual Sec. 1086.


  Sec. 34 . -- Recognition; Control of Debate Time

                                 Generally

      When a conference report is called up or a Senate amendment in 
  disagreement is pending, the hour of debate time is equally controlled 
  by the majority and minority parties. Manual Sec. 1086. Where the 
  Member calling up the report does not seek recognition as a majority 
  member to offer a motion to dispose of the matter reported in 
  disagreement, another majority member may be recognized to offer such 
  a motion and to control one-half of the time thereon. Deschler-Brown 
  Ch 32 Sec. 8.11. Where conferees have been appointed from two 
  committees of the House, the Speaker may recognize the chairman of one 
  committee to control 30 minutes and a minority member of another 
  committee to control 30 minutes. Deschler-Brown Ch 33

[[Page 358]]

  Sec. 28.6. By unanimous consent, the time allocated to the majority 
  and minority may be reallocated to other Members, with the right of 
  those Members to yield time to other Members. 99-2, Oct. 8, 1986, p 
  29714.
      Debate in the House on a Senate amendment reported from conference 
  in disagreement having been divided, the minority member in charge 
  controls 30 minutes for debate only and may yield to other Members for 
  debate only. Another minority member, merely by offering a 
  preferential motion, does not thereby control one-half of the time 
  under the original motion. Manual Sec. 1086.
      However, if the original motion is defeated, recognition may shift 
  and a second motion to dispose of the amendment may be offered; and if 
  the second motion is offered by a minority member, the Chair may 
  allocate the hour of debate between him and a majority member, 
  although neither controlled time on the initial motion. Manual 
  Sec. 1086.

                 Debate Following Division of the Question

      Where a preferential motion to recede and concur in an amendment 
  reported from conference in disagreement has been divided, one hour of 
  debate, equally divided between the majority and minority, is 
  permitted on the motion to recede. If the previous question is ordered 
  only on the motion to recede and if the House then recedes and a 
  preferential motion to concur with an amendment is offered, another 
  hour of debate equally divided is permitted. 95-1, Aug. 2, 1977, p 
  26206; 95-2, Oct. 5, 1978, p 33698. The Chair may put the question on 
  receding without debate if the majority and minority floor managers do 
  not seek recognition to debate that portion of the original motion, 
  because the subsequent question of concurring, or concurring with an 
  amendment, is debatable for one hour, equally divided between the 
  managers. 98-2, Oct. 10, 1984, p 31694.


  Sec. 35 . Recommittal of Report

                           Generally; By Motion

      A motion to recommit a conference report to the existing 
  conference committee is in order if the other House has not acted on 
  the report and thereby discharged its managers. Manual Sec. 550. After 
  one House has acted on a report, the other House has only the option 
  of accepting or rejecting it. Deschler-Brown Ch 33 Sec. 32.6. After 
  both Houses have acted on the report, it may be recommitted to 
  conference only by concurrent resolution. Manual Sec. 550; 8 Cannon 
  Sec. 3316.
      The motion to recommit is initially the prerogative of the 
  minority. See Refer and Recommit. However, the Speaker has recognized 
  a majority

[[Page 359]]

  member to offer a motion to recommit a conference report in the 
  absence of a minority member seeking recognition to offer the motion. 
  Deschler-Brown Ch 33 Sec. 32.20.
      A motion to recommit a conference report is not in order until the 
  previous question has been ordered on the report. Deschler-Brown Ch 33 
  Sec. 32.10. Only one valid motion is permitted, so if the motion is 
  voted down, the question before the House is on the adoption of the 
  report. Deschler-Brown Ch 33 Sec. 32.52. However, if a recommittal 
  motion with instructions is ruled out on a point of order, a valid 
  motion may still be offered. A motion to recommit comes too late after 
  the report has been agreed to. Deschler-Brown Ch 33 Sec. 32.13.
      Under section 305(a)(6) of the Congressional Budget Act of 1974, a 
  motion to recommit a conference report on the concurrent resolution on 
  the budget is not in order.
      Where a conference report is recommitted to conference, the House 
  managers carry the original papers back to conference. Deschler-Brown 
  Ch 33 Sec. 32.51. The same conferees remain appointed. Deschler-Brown 
  Ch 33 Sec. 32.2. If a second report is then filed by the conferees, it 
  is numbered and otherwise treated as a new and separate report. 
  Deschler-Brown Ch 33 Sec. 32.48.
      Instructions in motion to recommit, see Sec. 15, supra.

             Recommittal by Unanimous Consent or Special Rule

      Conference reports are sometimes recommitted by unanimous consent 
  in the House acting first. Deschler-Brown Ch 33 Sec. 32.40. This 
  procedure may be used:

     To recommit a report in which an error has been discovered. 
         Deschler-Brown Ch 33 Sec. 32.40.
     To permit the conferees to make certain changes and to file a 
         new report. Deschler-Brown Ch 33 Sec. 32.41.
     Where the conferees have exceeded their authority in reporting 
         a matter not in disagreement. 90-1, June 28, 1967, p 17738.

      A conference report also may be recommitted by a special rule 
  reported by the Committee on Rules. See e.g., 107-1, H. Res. 134, May 
  8, 2001, p ____.


  Sec. 36 . Final Disposition of Report; Voting

                                 Generally

      As a general rule, when a conference report has been debated and 
  its final disposition is pending, only three courses of action are 
  available to the

[[Page 360]]

  Members: (1) agree, (2) disagree, or (3) recommit to conference. 5 
  Hinds Sec. Sec. 6546, 6558. For recommittal, see Sec. 35, supra. 
  Conference reports may not be:

     Disposed of by the motion to table after the previous question 
         is ordered. 5 Hinds Sec. Sec. 6538-6544.
     Referred to a standing committee. 5 Hinds Sec. 6558.
     Amended (5 Hinds Sec. Sec. 6534, 6535), except by concurrent 
         resolution (5 Hinds Sec. 6536).
     Sent to Committee of the Whole. 5 Hinds Sec. Sec. 6559-6561.

      A report having been called up, the motion to agree to the report 
  is regarded as pending. The Speaker may put the question on the report 
  without motion from the floor. 5 Hinds Sec. 6517; 8 Cannon Sec. 3300. 
  Although most reports are agreed to by majority vote, a two-thirds 
  vote is required on a report relating to a constitutional amendment (5 
  Hinds Sec. 7036) and under rule XXI clause 5(b), a three-fifths vote 
  is required on a conference report carrying a Federal income tax rate 
  increase. For Speaker's discretion to postpone a vote on a conference 
  report, see rule XX clause 8; Manual Sec. 1030. Postponement by 
  unanimous consent, see Sec. 31, supra.
      Under rule XX clause 10, the yeas and nays are considered ordered 
  on the adoption of a conference report on a general appropriation 
  bill, on a concurrent resolution on the budget, or on a bill 
  increasing Federal income tax rates.

                              Partial Reports

      A conference report must generally be acted on as a whole and 
  either agreed to or disagreed to in its entirety. Rejection of a 
  portion of a conference report under a special rule permitting such a 
  separate vote results in the rejection of the entire report. Deschler-
  Brown Ch 33 Sec. 30.5. Until the report has been acted on, no motion 
  to deal with individual amendments reported in disagreement is in 
  order. 5 Hinds Sec. Sec. 6323, 6389, 6390. In some cases, however, the 
  managers return to the House with a partial conference report dealing 
  with the amendments on which they have reached agreement but 
  specifying one or more amendments that remain in disagreement. 5 Hinds 
  Sec. Sec. 5460-5464. In such cases, the vote first occurs on agreeing 
  to the conference report on those matters on which agreement has been 
  reached. The amendments reported therein in disagreement are reported 
  and acted on seriatim thereafter. Deschler-Brown Ch 33 Sec. 29.3. For 
  a discussion of amendments reported in total disagreement, see 
  Sec. 38, infra.

[[Page 361]]

                      Motions to Reconsider the Vote

      After disposition of the report and any or all amendments reported 
  from conference in disagreement, it is in order to move to reconsider 
  the vote on a motion disposing of one of the amendments. Deschler-
  Brown Ch 33 Sec. Sec. 30.35, 30.36. The Speaker may put as one 
  question reconsideration of multiple votes (subject to demand for a 
  separate vote on reconsideration of any question) and a Member may 
  then move to lay all motions to reconsider on the table. 95-2, Oct. 4, 
  1978, p 33480. Under section 305(a)(6) of the Congressional Budget Act 
  of 1974, a motion to reconsider the vote on a conference report on the 
  concurrent resolution on the budget is not in order.


  Sec. 37 . Effect of Rejection of Report; Further Conferences

      When either House disagrees to a conference report, the matter is 
  left in the position it was in before the conference was asked but in 
  the stage of disagreement. 5 Hinds Sec. 6525. Motions for the 
  disposition of amendments in disagreement or to send the matter to 
  further conference are again in order. Rule XXII clause 4; Manual 
  Sec. Sec. 1074, 1075; 8 Cannon Sec. 3303. Thus, the House may reject a 
  conference report, insist on disagreement to a Senate amendment, and 
  ask for a further conference. Manual Sec. 528d. However, a motion to 
  instruct House managers at a new conference is not in order until the 
  motion to go to further conference has been agreed to. Deschler-Brown 
  Ch 33 Sec. 31.8.


        D. Disposition Where Managers Report in Total Disagreement


  Sec. 38 . In General

      Where the managers at a conference are unable to come to any 
  agreement on the matters committed to them, they prepare and sign a 
  written report to that effect. 5 Hinds Sec. Sec. 6565-6570. The report 
  is filed and ordered printed. Manual Sec. 545. Under the former 
  practice, amendments reported in total disagreement could be taken up 
  for immediate consideration in the House. 8 Cannon Sec. Sec. 3299, 
  3332. Today the matter in disagreement is subject to the three-day 
  layover requirement of rule XXII clause 8(b).
      House action on amendments reported in total disagreement differs 
  from that of the Senate. In the Senate a conference report in total 
  disagreement is considered before disposition of the reported 
  amendments. Deschler-Brown Ch 33 Sec. 29.13. In the House, after the 
  report is called up, action is taken on the amendment in disagreement 
  but not on the report. Deschler-

[[Page 362]]

  Brown Ch 33 Sec. 29.3. Thus, where conferees report in disagreement 
  absent a special rule, and the Senate then recedes and concurs in the 
  House amendments with an amendment, the conference report is not acted 
  on in the House; the Speaker merely directs the Clerk to report the 
  Senate amendments to the House amendments for disposition by motion. 
  Deschler-Brown Ch 33 Sec. 29.28. Debate (including possible three-way 
  debate) and voting proceeds in the same manner as on amendments 
  reported from conference in partial disagreement. See Sec. 33, supra. 
  Motions to dispose of amendments in disagreement, see Senate Bills; 
  Amendments Between the Houses.


[[Page 363]]

 
             CHAPTER 14 - CONGRESSIONAL DISAPPROVAL ACTIONS

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Constitutionality
  Sec. 3. Consideration in the House
        Research References
          U.S. Const. art. I, Sec. 7
          Manual Sec. Sec. 1130-1130(30)


  Sec. 1 . In General

      Congress has enacted numerous laws reserving to itself a right of 
  review by approval or disapproval of certain actions of the executive 
  branch or of independent agencies. These laws, known as 
  ``congressional disapproval'' statutes, take various forms, often 
  including expedited procedures. For example, the Alaska Natural Gas 
  Transportation Act of 1976 permits the privileged consideration of 
  joint resolutions approving Presidential decisions on the Alaska 
  natural gas transportation system when those resolutions are reported 
  from committee or are discharged after 30 days. 15 USC Sec. Sec. 719f, 
  719g; Manual Sec. 1130(18); 95-1, Nov. 1, 1977, p 36347. Another 
  statute sets forth a similar procedure for congressional approval or 
  disapproval of certain actions by the District of Columbia Council. 
  District of Columbia Home Rule Act, Sec. Sec. 602(c), 604; Manual 
  Sec. 1130(5). The House Rules and Manual carries a compilation of 
  current texts of congressional disapproval provisions that include 
  expedited procedures. Manual Sec. 1130


  Sec. 2 . Constitutionality

      Federal court decisions indicate that congressional action to 
  approve or disapprove an executive branch determination should be 
  undertaken by way of a bill or joint resolution and not by way of a 
  simple or concurrent resolution or through committee action. In 1983, 
  the Supreme Court declared in Immigration and Naturalization Service 
  v. Chadha (462 U.S. 919 (1983)) that a statute permitting the 
  disapproval of a decision of the Attorney General by simple resolution 
  of one House only was unconstitutional. The Court said the device 
  violated the doctrine of separation of powers, the principle of 
  bicameralism, and the clause of the Constitution requiring that 
  legislation passed by both Chambers must be presented to the President 
  for his signa

[[Page 364]]

  ture or veto. In an earlier decision, the Court of Appeals had 
  specifically held a one-house legislative veto provision in the 
  Natural Gas Policy Act of 1978 (15 USC Sec. 3341(b)) to be 
  unconstitutional. In its decision, the circuit court for the District 
  of Columbia said that the primary basis for its holding was that the 
  one-house veto violates article I, section 7 of the Constitution both 
  by preventing the President from exercising his veto power and by 
  permitting legislative action by only one House of Congress. The 
  circuit court also found the one-house veto to contravene the 
  separation of powers principle implicit in articles I, II, and III 
  because it authorizes the legislature to share powers properly 
  exercised by the other two branches of government. The court declared 
  that article I, section 7 sets forth the fundamental prerequisites to 
  the enactment of Federal laws--bicameral passage of legislation and 
  presentation for approval or disapproval by the President, and held 
  that congressional disapproval of final agency rules must comply with 
  these requirements. The court added that Congress may choose to use a 
  resolution of disapproval as a means of expediting action, but only if 
  it acts by both Houses and presents the resolution to the President. 
  Consumer Energy Council of America, et al. v. FERC, 673 F.2d 425 (D.C. 
  Cir. 1982), Affd, 463 U.S. 1216 (1983).
      In the light of these decisions, Congress has amended several 
  statutes to convert procedures involving simple or concurrent 
  resolutions of approval or disapproval to procedures requiring joint 
  resolutions to be presented to the President for his signature or 
  returned for a possible veto override, consistent with the 
  ``presentment'' clause of article I, section 7. Manual Sec. 1130.


  Sec. 3 . Consideration in the House

      Many ``congressional disapproval'' statutes prescribe special 
  procedures for the House to follow when reviewing executive branch 
  actions. For a compilation of the relevant provisions of such 
  statutes, see Manual Sec. 1130. These procedures technically are rules 
  of the House, enacted expressly or implicitly as an exercise of the 
  House's rule-making authority. At the beginning of each Congress, it 
  is customary for the House to reincorporate by reference in the 
  resolution adopting its rules such ``congressional disapproval'' 
  procedures as may exist in current law. Nevertheless, because the 
  House retains the constitutional right to change its rules at any 
  time, the Committee on Rules may report a resolution varying such 
  procedures. Manual Sec. 1130.
      Where a law enacted as a rule of both Houses provides special 
  procedures during consideration of a joint resolution approving a 
  Presidential determination, and the House then adopts a special order 
  providing for consid

[[Page 365]]

  eration of such a joint resolution in the House, the Speaker will 
  nevertheless interpret the special statutory provisions to apply if 
  consistent with the special order. 97-1, Dec. 10, 1981, p 30486.


[[Page 367]]

 
                    CHAPTER 15 - CONGRESSIONAL RECORD

                              HOUSE PRACTICE

  Sec. 1. In General; Control Over the Congressional Record
  Sec. 2. Matters Printed in the Congressional Record
  Sec. 3. Corrections; Deletions
  Sec. 4. Printing Errors
  Sec. 5. Extensions of Remarks; Insertions
        Research References
          5 Hinds Sec. Sec. 6958-7024
          8 Cannon Sec. Sec. 3459-3502
          Deschler Ch 5 Sec. Sec. 15-20
          Manual Sec. Sec. 685-692, 967, 968


  Sec. 1 . In General; Control Over the Congressional Record

      The present system of reporting the proceedings of the House for 
  the Congressional Record is the result of gradual evolution. The first 
  debates, beginning in 1789, were published in condensed form in the 
  Annals of Congress. The Congressional Globe began in 1833 and 
  continued until 1873, when the Record began. 5 Hinds Sec. 6959.
      The Congressional Record is governed by statutory provisions and 
  rules as to its format and content. 44 USC Sec. Sec. 901-910. Control 
  over the arrangement and style of the Record, including maps, 
  diagrams, and illustrations, is vested in the Joint Committee on 
  Printing. 44 USC Sec. Sec. 901, 904. Neither the Speaker nor the House 
  may order changes in the type size or printing style without the 
  approval of the Joint Committee on Printing. Deschler Ch 5 
  Sec. Sec. 15.1, 15.2.
      The proceedings of the House and the proceedings of the Senate are 
  published in separate portions of the Congressional Record, and each 
  House separately controls the content of its portion of the Record. 8 
  Cannon Sec. 2503. The statement of a Senator that would normally 
  appear in the Senate portion of the Record may not be inserted in that 
  portion of the Record dealing with the proceedings of the House. 87-2, 
  Jan. 16, 1962, p 291.
      Both the Joint Committee on Printing and the House have adopted 
  supplemental rules governing publication in the Congressional Record. 
  For the text of these rules, see Manual Sec. 686. Under rule X clause 
  1(i), the Committee on House Administration has jurisdiction of 
  matters relating to printing and correction of the Record.

[[Page 368]]

      A Member is not entitled to inspect the reporter's notes of 
  remarks of others not reflecting on himself nor may he demand that 
  they be read. 5 Hinds Sec. Sec. 6964, 6967; 8 Cannon Sec. 3460.


  Sec. 2 . Matters Printed in the Congressional Record

                                 Generally

      The content of the House portion of the Congressional Record is 
  governed by statutory law, the House rules, and the customs and 
  practices of the House. In addition, the House often agrees by 
  unanimous consent to permit certain matter to be inserted in the 
  Record which would not ordinarily be included. Deschler Ch 5 Sec. 16.
      Rule XVII clause 8 and section 901 of title 44 of the United 
  States Code require the Congressional Record to be a substantially 
  verbatim account of the proceedings of the House. Manual Sec. 967. 
  Clause 8 applies to statements and rulings of the Chair as well as to 
  debate. Manual Sec. 968. Because of this requirement, the Speaker will 
  not entertain a unanimous-consent request to give a special-order 
  speech ``off the Record.'' Manual Sec. 687.
      Additional matters required by statute or House rules to be 
  printed in the Congressional Record include:

    The oath of office subscribed to by a Member. 2 USC Sec. 25.
    Referrals to committee under rule XII clause 7. Manual 
         Sec. 825.
    The filing of committee reports. Manual Sec. 831.
    Reports submitted to Congress pursuant to a statute requiring 
         publication in the Record. See, e.g., 2 USC Sec. 1383.
    Amendments to be protected for debate time under the five-
         minute rule. Manual Sec. 987.
    Conference reports and accompanying statements. Manual 
         Sec. 1082.
    Messages received from the Senate and President giving notice 
         of bills passed or approved under rule XII clause 1. Manual 
         Sec. Sec. 815, 875.
    Motions to discharge. Manual Sec. 892.
    Timely changes in votes. Deschler Ch 5 Sec. 16.14.
    The addition or deletion of the name of a cosponsor. Manual 
         Sec. 825.
    Measures introduced ``by request.'' Manual Sec. 826.

      The Congressional Record is for the proceedings of the House and 
  Senate only, and unrelated matters are rigidly excluded. 5 Hinds 
  Sec. 6962. It is not, however, the official record of business, that 
  function being fulfilled by the Journal. See Journal.
      As a general principle, the Speaker has no control over the 
  Congressional Record. 5 Hinds Sec. Sec. 6983, 7017. The House, and not 
  the Speaker, determines the extent to which a Member may be allowed to 
  extend his remarks (5 Hinds Sec. Sec. 6997-7000; 8 Cannon Sec. 3475), 
  whether or not a copy

[[Page 369]]

  righted article shall be printed therein (5 Hinds Sec. 6985), or 
  whether there has been an abuse of the leave to print (5 Hinds 
  Sec. 7012; 8 Cannon Sec. 3474).
      The House frequently agrees by unanimous consent to permit 
  insertions of matters of general interest in the Congressional Record 
  at the request of Members. Matters that have been inserted in the 
  Record under this procedure include:

    Information relative to the installation of voting equipment in 
         the Chamber. 91-2, Nov. 25, 1970, p 39085.
    Records from litigation involving the House. 90-1, Apr. 10, 
         1967, pp 8729-62.
    The transcript of proceedings of the House in a secret session. 
         96-1, July 17, 1979, p 19049.
    Summaries of the work of Congress or its committees at 
         adjournment. Deschler Ch 5 Sec. 16.
    Extraneous and tabular matter as the Majority and Minority 
         Leaders consider necessary to establish legislative history 
         concerning the codification of the standing rules. 106-1, Jan. 
         6, 1999, p ____.

                Printing Bills in the Congressional Record

      Measures considered in the House are printed in the Congressional 
  Record as introduced at the beginning of consideration. If an amended 
  version of the measure is made in order under the special order 
  providing for its consideration, that amended version is printed 
  immediately following the introduced version, unless further 
  amendments are made in order. In that case, the amended version is 
  printed after debate.
      Measures considered in the Committee of the Whole are printed in 
  the Congressional Record following general debate. The only version of 
  the measure printed is the one made in order as original text for the 
  purpose of amendment by the special order providing for its 
  consideration. The measure is printed as read by the Clerk. For 
  example, if under a special order the measure is considered as read, 
  it is printed in its entirety after general debate. If the measure is 
  read by title, each title is printed at the point the Clerk either 
  reads or designates it. No other version of the measure is printed in 
  the Record.
      Where the House considers a Senate measure following passage of a 
  similar House bill and amends it with the House-passed text, both the 
  Senate and the House version of the measure are printed in full at 
  that point in the Congressional Record, unless the Senate-passed 
  version has been previously printed Senate proceedings.

[[Page 370]]

  Sec. 3 . Corrections; Deletions

      Under rule XVII clause 8, the substantially verbatim account of 
  remarks made during debate and published in the Congressional Record 
  is subject only to technical, grammatical, and typographical 
  corrections authorized by the Member making the remarks involved. 
  Unparliamentary remarks may be deleted only by permission or order of 
  the House. Under rule XVII clause 8(c), this requirement is a standard 
  of official conduct that may be investigated by the Committee on 
  Standards of Official Conduct. Manual Sec. 967.
      The remarks of a Member, if in order, cannot be stricken from the 
  Congressional Record by the House. 5 Hinds Sec. 6974; 8 Cannon 
  Sec. 3498. However, remarks that are out of order may be excluded from 
  the Record by House order. Deschler Ch 5 Sec. 19.8. Remarks by an 
  interrupting Member who has not been recognized do not appear in the 
  Record. Manual Sec. Sec. 687, 946.
      The Committee of the Whole may not authorize deletions from the 
  Congressional Record. 5 Hinds Sec. 6986; Deschler Ch 5 Sec. 17.22.
      Substantive insertions submitted under leave to ``revise and 
  extend'' are printed in distinctive type. A speech that has been 
  substantively revised is printed as delivered and then separately 
  printed as revised in distinctive type. Manual Sec. 686.


  Sec. 4 . Printing Errors

                                 Generally

      The House may correct errors in the printing of the Congressional 
  Record in order to ensure that the proceedings of the House are 
  accurately recorded. 5 Hinds Sec. 6972. The authority to correct such 
  errors is vested in the House, not the Speaker. 5 Hinds Sec. 7019; 
  Deschler Ch 5 Sec. 18.
      The correction of an error in the Congressional Record may present 
  a question of the privileges of the House where the integrity of House 
  proceedings is in question. Manual Sec. Sec. 690, 704; Deschler Ch 5 
  Sec. Sec. 18.1, 18.2. However, this question may not be raised until 
  the daily edition of the Record has appeared (Deschler Ch 5 Sec. 18), 
  and no corrections may be submitted after the permanent edition of the 
  particular volume is published (Deschler Ch 5 Sec. 18.12).
      Errors that may be corrected under this procedure are errors in 
  the transcript or printing of the proceedings, not errors of fact made 
  by a Member during debate. The House may not change the Congressional 
  Record merely to show what should have been said on the floor. 5 Hinds 
  Sec. 6974; 8 Cannon Sec. 3498; Deschler Ch 5 Sec. 18. A mere 
  typographical error or proper revision

[[Page 371]]

  of a Member's remarks does not give rise to a question of privilege. 
  Manual Sec. 690.

                          By Motion or Resolution

      A motion or resolution to correct the Congressional Record, if 
  constituting a question of privilege, is in order after the approval 
  of the Journal. Manual Sec. 690; Deschler Ch 5 Sec. 18.6. A motion or 
  resolution to correct the Record also is in order after a unanimous-
  consent request to that effect has been objected to. Deschler Ch 5 
  Sec. 18.9. Such motion or resolution is debatable under the hour rule 
  and is subject to a motion to refer to the Committee on Rules. 
  Deschler Ch 5 Sec. Sec. 18.7-18.10.


  Sec. 5 . Extensions of Remarks; Insertions

                                 Generally

      In 1968 the Appendix of the Congressional Record was replaced by a 
  new heading, ``Extensions of Remarks,'' for the inclusion of material 
  in the Record that is extraneous to the proceedings on the floor. A 
  Member may be permitted to extend his remarks in this part of the 
  Record so as to insert (1) a speech that was not actually delivered on 
  the floor and (2) extraneous materials related to the subject under 
  discussion, provided the consent of the House is obtained. 5 Hinds 
  Sec. Sec. 6990-6993; Deschler Ch 5 Sec. 20. This has been a long-
  standing practice, dating from as early as 1852, when it was the 
  custom to print undelivered speeches in the Appendix to the Record. 5 
  Hinds Sec. 6993. Under the modern practice, such insertions are 
  permitted by unanimous consent and not by privileged motion. Deschler 
  Ch 5 Sec. 20.11.
      Permission to include extraneous materials may be granted only by 
  the House. To eliminate the need for daily requests, the House has 
  recently adopted the practice of granting all Members permission to 
  revise and extend their remarks in the ``Extensions of Remarks'' 
  portion of the Congressional Record and include extraneous material 
  (within two Record) at the beginning of each Congress. See, e.g., 106-
  1, Jan. 6, 1999, p ____. The Chairman of the Committee of the Whole 
  may recognize a Member to extend his own remarks, but the Committee of 
  the Whole lacks the power to permit the inclusion of extraneous 
  materials. Deschler Ch 5 Sec. 20.12.
      Permission to extend in the body of the Congressional Record must 
  be sought by the Member whose remarks are to be inserted, although 
  general permission to extend is sometimes given to all Members. 
  Deschler Ch 5 Sec. 20.
      The revised material inserted under permission to extend remarks 
  must be clearly distinguishable, by different typeface, from the 
  substantially ver

[[Page 372]]

  batim account of proceedings. The Speaker has instructed the Official 
  Reporters of Debates to adhere strictly to this requirement. Manual 
  Sec. 687.

                                Timeliness

      Permission to extend must be sought at the proper time. Requests 
  to insert made prior to the reading and approval of the Journal will 
  not be entertained. Deschler Ch 5 Sec. 20.4. The Speaker may decline 
  to entertain a request to extend remarks pending a motion to discharge 
  a committee or during the pendency of a motion to suspend the rules. 
  Deschler Ch 5 Sec. Sec. 20.7, 20.8.

                            Strict Construction

      Authorizations to extend remarks in the Congressional Record are 
  strictly construed. Deschler Ch 5 Sec. 20. A Member who has received 
  permission to extend his remarks may not without consent include in 
  such remarks extraneous matter, such as an article or speech by 
  another person. 8 Cannon Sec. 3479; Deschler Ch 5 Sec. 20.23. 
  Similarly, a Member who has obtained the consent of the House to 
  extend remarks only on a specific bill must confine his insertions to 
  the subject matter of the bill and may not include extraneous 
  materials such as letters, editorials, or articles. Deschler Ch 5 
  Sec. 20.24.
      The Chair will decline to entertain a request that a Member be 
  permitted to revise and extend his remarks on a point of order or to 
  insert, immediately following a record vote on an amendment, the 
  results of a previous record vote on the same subject. Manual 
  Sec. 628; 96-2, Jan. 30, 1980, p 1319.

                         Limitations on Insertions

      Under leave to extend, a Member may not insert matter that:

    Would be out of order if stated on the House floor. 5 Hinds 
         Sec. 7003; Deschler Ch 5 Sec. 20.
    Fails to comply with statute or the rules of the Joint 
         Committee on Printing as to format (44 USC Sec. 904), cost-
         estimate requirements for extraneous matter exceeding two 
         Congressional Record pages (Manual Sec. 692), or subject matter 
         (92-2, May 10, 1972, pp 16661, 16748-16836).
    Fails to conform to the descriptions implicit in the request to 
         which the House consented. 5 Hinds Sec. 7001; 8 Cannon 
         Sec. 3479; Deschler Ch 5 Sec. Sec. 20.25, 20.26.
    Fails to include the Member's signature. Manual Sec. 686.
    Alters the nature of colloquies as delivered on the floor or 
         changes the meaning of what another Member said. Deschler Ch 5 
         Sec. Sec. 19.3, 19.17, 20.3.
    Inserts an entire colloquy between two or more Members that was 
         not actually delivered. Manual Sec. 692.

[[Page 373]]

    Includes newspaper articles or other extraneous matter without 
         having obtained authority to do so. Manual Sec. 692; 8 Cannon 
         Sec. Sec. 3480-3483.

                          Abuse of Leave to Print

      Abuse of the leave to print gives rise to a question of privilege. 
  5 Hinds Sec. Sec. 7008, 7011; 8 Cannon Sec. Sec. 3491, 3495. A 
  resolution to investigate the propriety of remarks as constituting 
  such abuse, or for the appointment of a committee to consider the 
  propriety of remarks inserted under leave to print, is privileged but 
  is not in order until the Congressional Record appears. 5 Hinds 
  Sec. Sec. 7020, 7021; 8 Cannon Sec. Sec. 3493, 3495. An inquiry by the 
  House as to alleged abuse of leave to print does not necessarily 
  entitle the Member implicated to recognition on a question of personal 
  privilege. 5 Hinds Sec. 7012. However, when a committee is appointed 
  to investigate the propriety of a Member's remarks in the Record, the 
  Member is afforded an opportunity to be heard. 8 Cannon Sec. 3491.

                                Expungement

      The extension of remarks in the Congressional Record by a Member 
  without the permission of the House constitutes grounds for a question 
  of the privilege of the House, and the House may expunge such remarks 
  from the Record. Deschler Ch 5 Sec. 20.2. A resolution to expunge 
  remarks alleged to be an abuse of leave to print is privileged and 
  entitles its proponent to recognition to debate it. 8 Cannon 
  Sec. Sec. 3475, 3479, 3491.
      The House may exclude in whole or in part an insertion by a Member 
  under leave to print in the Congressional Record that would not have 
  been in order if uttered on the floor. Manual Sec. 692.

                                   Form

      Member: Mr. Speaker, I ask unanimous consent to extend my remarks 
    on the bill just passed, H.R. __________, by inserting an article 
    pertaining thereto.
      Majority Leader: Mr. Speaker, I ask unanimous consent that all 
    Members speaking on the bill have five legislative days in which to 
    extend remarks in the Congressional Record, to be confined to the 
    bill.
      Majority Leader: Mr. Speaker, I ask unanimous consent that for the 
    __________ Congress all Members be permitted to extend their remarks 
    and to include extraneous material within the permitted limit in 
    that section of the Congressional Record entitled ``Extensions of 
    Remarks.''


[[Page 375]]

 
                   CHAPTER 16 - CONSIDERATION AND DEBATE

                              HOUSE PRACTICE

              A. Introductory; Initiating Consideration and Debate

  Sec.  1. In General; In the House
  Sec.  2. Order of Consideration
  Sec.  3. Use of Special Orders of Business
  Sec.  4. Consideration Under Suspension of the Rules
  Sec.  5. Role of Calendars
  Sec.  6. Consideration by Unanimous Consent
  Sec.  7. In the Committee of the Whole
  Sec.  8. In the House as in the Committee of the Whole
  Sec.  9. Limitations on Debate; Nondebatable Matters

              B. Control and Distribution of Time for Debate

  Sec. 10. In General; Role of Manager
  Sec. 11. Distribution and Alternation; Closing General Debate
  Sec. 12. Management by Committee; Closing Controlled Debate on an 
  Amendment
  Sec. 13. Designation of Member Who May Call Up a Measure
  Sec. 14. Effect of Special Rules
  Sec. 15. Yielding Time-- For Debate
  Sec. 16. -- Yielding for Amendment
  Sec. 17. Interruptions; Losing or Surrendering Control

              C. Relevancy in Debate

  Sec. 18. In General; In the House
  Sec. 19. In the Committee of the Whole-- General Debate
  Sec. 20. -- Under the Five-Minute Rule

              D. Disorder in Debate

  Sec. 21. In General
  Sec. 22. Disorderly Language
  Sec. 23. -- References to Senate
  Sec. 24. -- References to the Press, Media, or Gallery
  Sec. 25. -- References to Executive Officials

[[Page 376]]

  Sec. 26. Procedure; Calls to Order
  Sec. 27. -- Procedure in the Committee of the Whole
  Sec. 28. -- Taking Down Words
  Sec. 29. -- Withdrawal or Modification of Words
  Sec. 30. -- Permission to Explain
  Sec. 31. -- Speaker's Ruling
  Sec. 32. -- Discipline; Post-Ruling Motions

              E. Critical References to the House, Committees, or 
                 Members

  Sec. 33. In General; Criticism of the House
  Sec. 34. Criticism of Committees
  Sec. 35. Criticism of Speaker
  Sec. 36. Criticism of Legislative Actions or Proposals
  Sec. 37. Critical References to Members
  Sec. 38. -- Use of Colloquialisms; Sarcasm
  Sec. 39. -- Impugning Motives
  Sec. 40. -- Charging Falsehood or Deception
  Sec. 41. -- Lack of Intelligence or Knowledge
  Sec. 42. -- References to Race, Creed, or Racial Prejudice
  Sec. 43. -- Charges Relating to Loyalty or Patriotism

              F. Duration of Debate in House

  Sec. 44. In General
  Sec. 45. The Hour Rule
  Sec. 46. Ten-minute, 20-minute, and 40-minute Debate
  Sec. 47. Debate in the House as in the Committee of the Whole
  Sec. 48. Limiting or Extending Time for Debate
  Sec. 49. Terminating Debate
  Sec. 50. One-minute and Special-order Speeches; Morning-hour Debates

              G. Duration of Debate in the Committee of the Whole

  Sec. 51. In General; Effect of Special Rules
  Sec. 52. General Debate
  Sec. 53. Limiting General Debate
  Sec. 54. Five-minute Debate
  Sec. 55. -- Limiting or Extending Five-minute Debate-- By House Action

[[Page 377]]

  Sec. 56. -- By Motion in the Committee of the Whole
  Sec. 57. -- By Unanimous Consent in the Committee of the Whole
  Sec. 58. Motions Allocating or Reserving Time
  Sec. 59. Timekeeping; Charging Time

              H. Reading Papers; Displays and Exhibits

  Sec. 60. Reading Papers
  Sec. 61. Use of Exhibits
  Sec. 62. -- Decorum Requirements

              I. Secret Sessions

  Sec. 63. In General
  Sec. 64. Motions; Debate
  Sec. 65. Secrecy Restrictions and Guidelines
        Research References
          5 Hinds Sec. Sec. 4978-5299
          8 Cannon Sec. Sec. 2448-2608
          Deschler-Brown Ch 29
          Manual Sec. Sec. 359, 364, 369-371, 465, 622, 891, 945-969, 
            978-981, 987, 994-999


           A. Introductory; Initiating Consideration and Debate


  Sec. 1 . In General; In the House

                    Generally; Initiating Consideration

      Whether and how a matter is to be considered depends on many 
  factors--the way it is brought to the floor, the nature and precedence 
  of the proposal, and agreements reached by the leadership and 
  membership on the method of consideration. The House may reject a 
  proposal to consider a matter by voting solely on the question of 
  consideration. See Question of Consideration.
      There are four common procedures under which measures may be 
  called up for consideration: (1) special rules reported from the 
  Committee on Rules; (2) motions to suspend the rules; (3) unanimous-
  consent agreements; and (4) standing rules for certain measures 
  reported as privileged under rule XIII clause 5. Manual Sec. Sec. 853-
  868. However, nonprivileged matter contained in a measure reported 
  under rule XIII clause 5 destroys the

[[Page 378]]

  privilege of the measure; and consideration must depend on one of the 
  three remaining procedures. Manual Sec. Sec. 854, 855.
      House rules expressly preclude introduction or consideration of 
  certain commemoration bills (rule XII clause 5), as well as 
  consideration of certain private bills (rule XII clause 4) and 
  measures carrying a retroactive Federal income tax rate increase (rule 
  XXI clause 5(c)).
      Generally, questions are not considered on the floor unless 
  reported or discharged from House committees, although rule IX and 
  practices of the House permit the immediate consideration of 
  introduced bills under certain circumstances. Sec. Sec. 3, 4, 6 infra. 
  Certain time periods or ``layover'' requirements may be a condition 
  precedent to consideration in the House after a committee has 
  reported. See Committees. For recognition by the Chair to call up 
  measures under the various procedures, see Recognition.
      Other factors bearing on consideration include whether the 
  proposal has been referred to the House or Union Calendar or whether 
  the proposal is called up from a particular special calendar, such as 
  the Corrections Calendar. See Sec. 5, infra.

                             Initiating Debate

      As a general rule, debate is not in order until a debatable motion 
  has been offered and stated by the Chair or read by the Clerk. 5 Hinds 
  Sec. Sec. 4982-4985, 5304. However, debate may be initiated without 
  motion:

     Under a reservation of the right to object to a unanimous-
         consent request. 4 Hinds Sec. 3058.
     When questions of personal privilege are raised. 3 Hinds 
         Sec. 2546.
     When conference reports are considered, the question on 
         agreeing being regarded as pending. Manual Sec. 550; 5 Hinds 
         Sec. 6517.
     When the Committee of the Whole reports its recommendation to 
         the House, unless the previous question is ordered. 4 Hinds 
         Sec. 4896.
     When personal explanations are made by unanimous consent. 5 
         Hinds Sec. 5064.
     When special rules providing for consideration of a measure 
         have been adopted. Manual Sec. Sec. 734, 972.
     When a measure on a special calendar or on a special day has 
         been called up. Rule XV.

  Sec. 2 . Order of Consideration

      The ``daily order of business'' is set forth in rule XIV, which 
  specifies the sequence in which certain matters are to be taken up. 
  Manual Sec. 869. The order of consideration may be varied by 
  unanimous-consent agreements or by special orders reported from the 
  Committee on Rules and adopted by the

[[Page 379]]

  House. See Sec. Sec. 3, 6, infra; generally, see also Order of 
  Business; Privileged Business; and Special Orders of Business. Indeed, 
  the preface to rule XIV clause 1 establishes a daily order of business 
  ``unless varied by the application of other rules and except for the 
  disposition of matters of higher precedence.''
      Among the privileged matters that may affect the order of 
  consideration are: (1) general appropriation bills under rule XIII 
  clause 5; (2) conference reports under rule XXII clause 7(a); (3) 
  special orders reported by the Committee on Rules under rule XIII 
  clause 5; and (4) questions of privilege under rule IX. Manual 
  Sec. Sec. 698, 871; see also Questions of Privilege.
      Some propositions are privileged for consideration on certain days 
  of the week or month. On any Monday or Tuesday, for example, the 
  Speaker may recognize Members to move to suspend the rules. Manual 
  Sec. 885; see also Sec. Sec. 4, 5, infra.


  Sec. 3 . Use of Special Orders of Business

      A major portion of the legislation taken up in the House is 
  considered pursuant to resolutions, also called ``special rules'' or 
  ``special orders,'' reported by the Committee on Rules and adopted by 
  the House. Although the general effect of the adoption of a resolution 
  making in order the consideration of a bill is to give the bill a 
  privileged status, the adoption of the resolution does not make the 
  consideration mandatory unless so stated in the resolution. Deschler 
  Ch 21 Sec. 16. For example, the resolution may: (1) provide that ``the 
  House shall immediately consider'' the bill; (2) permit the Speaker to 
  declare the House resolved into the Committee of the Whole for the 
  consideration of the bill (see rule XVIII clause 2); or (3) provide 
  for consideration at some specified time in the order of business. If 
  the special rule authorizes a specified Member to call up a bill 
  (either directly or indirectly, such as ``it shall be in order to 
  consider''), the consideration of the bill must await the initiative 
  of that Member. See Deschler Ch 21 Sec. 20.17.
      Special rules may provide for the consideration of a bill or 
  resolution in the Committee of the Whole, in the House, or in the 
  House as in the Committee of the Whole. Deschler Ch 21 
  Sec. Sec. 20.16, 20.17.
      The measure whose consideration is made in order by a special rule 
  may consist of a House or Senate bill or resolution or a conference 
  report. Deschler Ch 21 Sec. Sec. 20.5-20.15. A special rule may be 
  limited in scope, as where it provides only for initial consideration 
  of a measure, provides for general debate, and precludes further 
  consideration absent a second special rule. See, e.g., 105-2, H. Res. 
  435, May 19, 1998, p ____.

[[Page 380]]

      The resolution may waive one or more House rules that impede the 
  consideration of the bill or amendment thereto. Points of order do not 
  lie against the consideration of such a resolution, as it is for the 
  House to determine, by a majority vote on the adoption of the 
  resolution, whether certain rules should be waived. Deschler Ch 21 
  Sec. Sec. 16.9-16.14. Generally, see Special Orders of Business. 
  However, section 426 of the Unfunded Mandates Reform Act of 1995 
  permits a point of order against consideration of a rule that waives 
  points of order against a measure for violating that Act (subject to a 
  separate vote on the question of consideration). Manual Sec. 1127.


  Sec. 4 . Consideration Under Suspension of the Rules

      A privileged motion to suspend the rules may be used to bring a 
  matter before the House under rule XV clause 1. Manual Sec. Sec. 885, 
  887; 5 Hinds Sec. Sec. 6846, 6847. Additionally, the motion to suspend 
  may provide for a series of procedural steps, including the 
  reconsideration of a bill already passed, agreement to an amendment, 
  and repassage as amended. 5 Hinds Sec. 6849. For examples of proposals 
  for which the motion may be used, see Suspension of Rules. However, 
  the motion is in order only on Mondays and Tuesdays of each week and 
  on the last six days of a session or when the House by unanimous 
  consent or rule gives the Speaker authority to recognize for such 
  motions on other days of the week. In any case, recognition for the 
  motion is within the discretion of the Speaker. The motion is 
  debatable for 40 minutes, is not amendable, and requires a two-thirds 
  vote for adoption. See Suspension of Rules.


  Sec. 5 . Role of Calendars

      The House maintains various calendars to facilitate the 
  consideration of different classes of legislative business. The 
  primary calendars are (1) the Union Calendar, for business to be taken 
  up in the Committee of the Whole, (2) the House Calendar, for matters 
  to be considered in the House, (3) the Private Calendar, to which all 
  reported private bills are referred, and (4) the Corrections Calendar. 
  Most legislative business reported from committee is referred to one 
  of these calendars. Manual Sec. Sec. 828, 829, 898. In addition, the 
  House maintains a Calendar of Motions to Discharge Committees. Manual 
  Sec. Sec. 830, 892. For a discussion of the various calendars and 
  consideration of measures under the Corrections Calendar, see 
  Calendars.

[[Page 381]]

  Sec. 6 . Consideration by Unanimous Consent

      The House, pursuant to a unanimous-consent agreement, sometimes 
  permits the consideration of a measure that is not otherwise in order 
  under the rules, for example, one not yet introduced. Manual 
  Sec. Sec. 381, 872, 956; 4 Hinds Sec. 3058. For a discussion of 
  consideration by unanimous consent (including the Speaker's guidelines 
  requiring approval by floor and committee leaderships before 
  recognition), see Unanimous-Consent Agreements.


  Sec. 7 . In Committee of the Whole

      Certain legislative measures are referred to the Union Calendar by 
  the Speaker for subsequent consideration in the Committee of the 
  Whole. Their consideration therein is governed by special rules, 
  orders of the House, or the standing rules applicable to the 
  Committee. See rule XVIII; 4 Hinds Sec. Sec. 3214, 4705, 4822; 
  Deschler Ch 19 Sec. Sec. 1, 4.
      For comprehensive discussion of consideration of measures in 
  Committee of the Whole, see Committees of the Whole.


  Sec. 8 . In the House as in the Committee of the Whole

      Bills and other measures sometimes are taken up by the House when 
  it sits ``as in'' the Committee of the Whole. Manual Sec. 427. This 
  practice permits consideration of a measure under the five-minute rule 
  rather than the hour rule, but without general debate. 4 Hinds 
  Sec. 4924; Manual Sec. 424. For a discussion of consideration of 
  measures in the House as in the Committee of the Whole, see Committees 
  of the Whole.


  Sec. 9 . Limitations on Debate; Nondebatable Matters

                        Generally; Time Limitations

      Debate is subject to many limitations under the rules and 
  precedents of the House. Most of the limitations imposed by House rule 
  concern the duration of time allowed for the debate of a particular 
  proposition. These include, for example, the hour rule (Manual 
  Sec. 957), the 40-minute rule (Manual Sec. Sec. 891, 995), the 20-
  minute rule (Manual Sec. 892), the ten-minute rule (Manual Sec. 987), 
  the five-minute rule (Manual Sec. 978), and the time limits that are 
  imposed on the one-minute speeches or special-order speeches that are 
  often permitted when no legislative business is pending (Manual 
  Sec. 950). For a more detailed discussion of these time limitations, 
  see Sec. Sec. 44-50, infra.
      Most of these are rules of general applicability. In addition, the 
  House may adopt a special rule from the Committee on Rules that places 
  a different limit on the duration of debate on a particular 
  legislative proposal.

[[Page 382]]

   This practice enables the House, by majority vote, to specify time 
  for, and control of, debate depending on the complexity of the 
  proposed measure.
      Unless otherwise provided by House rule or by a special rule from 
  the Committee on Rules, a proposition considered in the House is 
  debated under the hour rule. Sec. Sec. 44, 45, infra. However, the 
  various motions that may apply to a proposition often carry their own 
  time limitations for debate and, in some instances, preclude debate 
  entirely.

                       Matters Not Subject to Debate

      The relevant standing rule and the precedents must be consulted in 
  order to determine whether debate on a motion or question is 
  precluded. Following are examples of questions that are not subject to 
  debate:

     A motion that the Journal be read in full. Manual Sec. 621.
     A motion for the previous question. Deschler Ch 23 Sec. 21.
     A motion to go into the Committee of the Whole. 4 Hinds 
         Sec. Sec. 3062, 3078; 6 Cannon Sec. 716.
     A motion that the Committee of the Whole rise and report. 4 
         Hinds Sec. Sec. 4766, 4782; Deschler Ch 19 Sec. 22.4.
     A motion for a call of the House or incidental to a call of 
         the House. Manual Sec. 1024; 6 Cannon Sec. Sec. 683, 688.
     A resolution authorizing the Sergeant-at-Arms to arrest 
         absentees. 6 Cannon Sec. 686.
     A motion that the Speaker be authorized to declare a recess or 
         that when the House adjourns it stand adjourned to a day and 
         time certain. Rule XVI; Manual Sec. 913.
     A resolution providing for a sine die adjournment or for 
         adjournment to a day certain. Manual Sec. 84.
     A motion to adjourn. Manual Sec. 911.
     A motion to lay on the table. 6 Cannon Sec. 415; 8 Cannon 
         Sec. 2465.
     A motion to reconsider an undebatable proposition. 5 Hinds 
         Sec. Sec. 5694-5699.
     A motion to close general debate or to limit five-minute 
         debate. Manual Sec. 979; 5 Hinds Sec. 5203.
     A motion to strike unparliamentary language from the 
         Congressional Record. 6 Cannon Sec. 617.
     An incidental question of order after a demand for the 
         previous question. Manual Sec. 1000.
     An incidental question of order arising during a division. 5 
         Hinds Sec. 5926.
     A motion that the Committee of the Whole take up a bill out of 
         calendar order. 8 Cannon Sec. Sec. 2331, 2333.
     A motion for a change of reference of a bill. Manual Sec. 825.
     A question of consideration. Manual Sec. 906.
     A question relating to the priority of business. Manual 
         Sec. 884.
     An appeal from a decision of the Chair on the priority of 
         business. 5 Hinds Sec. 6952; Manual Sec. 884.

[[Page 383]]

     An appeal from a decision of the Chair on relevancy. 5 Hinds 
         Sec. Sec. 5056-5063.
     An appeal from a decision of the Chair on the dilatoriness of 
         a motion. 5 Hinds Sec. 5731.
     An amendment to the title of a bill. Manual Sec. 922; 8 Cannon 
         Sec. 2907.


              B. Control and Distribution of Time for Debate


  Sec. 10 . In General; Role of Manager

      Under long-standing practice, and as usually provided by special 
  rules, one or more designated Members manage a bill during its 
  consideration. Such managers are normally the chairman and ranking 
  minority member of a committee reporting the measure. Sec. 14, infra.
      The majority manager of a measure has procedural advantages 
  enabling him to expedite its consideration and passage. He is entitled 
  to the prior right to recognition unless he surrenders or loses 
  control or unless a preferential motion to recommit is offered by an 
  opponent of the bill. See Recognition. If the bill is to be taken up 
  in the House under the standing rules, the manager calling it up is 
  entitled to one hour of debate, which he may in his discretion yield 
  to other Members. See Sec. 15, infra. He may at any time during his 
  hour move the previous question, thereby bringing the matter to a vote 
  and terminating further debate, unless he has yielded control of time 
  to another. See Sec. 45, infra; see also Previous Question.
      The manager of a bill enjoys a similar advantage in the Committee 
  of the Whole where the bill is being considered under a special rule 
  or unanimous-consent agreement. General debate therein typically is 
  controlled and divided by the majority and minority managers. The 
  majority manager has the right to close general debate. Manual 
  Sec. 959. When the bill is read for amendment in the Committee, the 
  managers have the prior right to recognition, whether to offer an 
  amendment or oppose an amendment or to move to close or to limit 
  debate or to move that the Committee rise. Similarly, if the bill is 
  taken up in the House as in the Committee of the Whole, priority in 
  recognition is extended during debate to members in charge of the bill 
  from the reporting committee. See Recognition.
      Once a measure has been approved by a standing committee of the 
  House, its chairman has a duty under the rules to report it promptly 
  and to take steps to have the matter considered and voted upon. Rule 
  XIII clause 2(b). When the measure is called up, the reporting 
  committee manages the bill during the various stages of its 
  consideration. The designated managers from the committee, and then 
  other members of the committee in order of

[[Page 384]]

  seniority, have priority in recognition at all stages of 
  consideration. See Recognition. When a chairman is opposed to a bill 
  (although rare), the responsibility for managing the bill may be 
  delegated to the ranking majority member of the committee. Deschler-
  Brown Ch 29 Sec. 26.7. Such delegation of control is ineffective where 
  challenged unless communicated to the Chair. Deschler-Brown Ch 29 
  Sec. 26.30. The chairman also may relinquish control where the 
  Committee of the Whole has adopted amendments to the bill to which he 
  is opposed. Deschler-Brown Ch 29 Sec. 26.8.
      Where the measure falls within the jurisdiction of two standing 
  committees, the chairman of one of them may yield to the chairman of 
  the other to control part of the available time and to move the 
  previous question. Deschler-Brown Ch 29 Sec. 26.10.
      For further discussion on control of debate by managers, see also 
  Sec. 12, infra.


  Sec. 11 . Distribution and Alternation; Closing General Debate

      The distribution of available time for debate, and the alternation 
  of time between majority and minority members, is governed by 
  principles of comity and by House tradition, as well as by standing 
  rules of the House and by special rules. Manual Sec. 955. A division 
  of time for debate on certain motions may be required, and a Member 
  opposed may claim a priority to control a portion of the time. For 
  example, rule XV clause 1(c) requires a division of time for debate on 
  a motion to suspend the rules between those in favor and those 
  opposed. Manual Sec. 891. Under rule XXII, one-third of the time may 
  be claimed by a Member opposed to conference reports, motions to 
  instruct conferees, and amendments reported from conference in 
  disagreement, where both the majority and minority managers support 
  the proposition.
      The Chair alternates recognition between those favoring and those 
  opposing the pending proposition where a rule or precedent gives some 
  control to an opponent or, traditionally, between the parties where 
  time is limited. Special rules commonly divide control of time for 
  general debate equally between the chairman and ranking minority 
  member of the committees reporting the measure. When a special rule 
  itself is being considered, the majority floor manager customarily 
  yields half of the time to the minority. Alternation generally, see 
  Recognition.
      A majority manager of the bill who represents the primary 
  committee of jurisdiction is entitled to close general debate, as 
  against another manager representing an additional committee of 
  jurisdiction. Where an order of the House divides debate on an 
  unreported measure among four Members, the

[[Page 385]]

  Chair will recognize for closing speeches in the reverse order of the 
  original allocation. Similarly, where general debate on an adversely 
  reported measure is controlled by two Members allocated time under a 
  previous order of the House and by two other Members deriving 
  subdivisions of that time under a later order by unanimous consent, 
  the Chair may recognize for closing speeches in the reverse order of 
  the original allocation, concluding with the Member who opened the 
  debate. Where a Member derives time for debate from the manager of a 
  measure by unanimous consent, that Member also derives the right to 
  close debate thereon. Where a member of the minority is recognized 
  under a special order to call up a Senate concurrent resolution from 
  the Speaker's desk, he is recognized to open and close debate thereon. 
  Manual Sec. 959.


  Sec. 12 . Management by Committee; Closing Controlled Debate on an 
            Amendment

      Special orders providing ``modified rules'' governing the 
  amendment process commonly limit and divide control of debate between 
  a proponent and an opponent of the amendment. Deschler-Brown Ch 29 
  Sec. 28. Similarly, the Committee of the Whole may by unanimous 
  consent also limit and divide control of debate between a proponent 
  and a Member in opposition. Deschler-Brown Ch 29 Sec. 27.3. Under rule 
  XVII clause 3(c), the manager of a bill or other representative of the 
  committee position--and not the proponent of an amendment--has the 
  right to close debate on an amendment where debate has been so limited 
  and allocated without regard to the party affiliation of the 
  proponent. Manual Sec. 959. Clause 3(c) is an exception to the rule 
  set forth in rule XVII clause 3(a), which otherwise provides that the 
  mover, proposer, or introducer of the pending matter has the right to 
  open and close debate. The exceptional treatment of the right to close 
  debate on an amendment elevates the manager's prerogative over the 
  proponent's burden of persuasion. This is so even when the majority 
  manager offers an amendment that has not been recommended by the 
  committee. In that case, a member of the committee in opposition to 
  such amendment has the right to close. 107-2, July 25, 2002, p ____.
      Clause (3)(c) applies to the manager of an unreported measure, 
  even where the rule providing for the consideration of the unreported 
  measure designates managers who do not serve on a committee of 
  jurisdiction. It also applies to a measure reported by the committee 
  without recommendation. The minority manager may claim the right to 
  close debate under clause 3(c), as may a member of a committee of 
  sequential referral to close debate against an amendment to a 
  provision recommended by that committee. Man

[[Page 386]]

  ual Sec. 959. However, the proponent of an amendment has the right to 
  close where a manager does not oppose the amendment but claims the 
  time in opposition by unanimous consent. Manual Sec. 959.
      For further discussion on control of debate by managers, see 
  Sec. 10, supra.


  Sec. 13 . Designation of Member Who May Call Up a Measure

      The committee reporting a measure occasionally designates the 
  Member who may call up a measure for consideration, in which case the 
  Chair may recognize only that Member. Deschler-Brown Ch 29 
  Sec. Sec. 27.1, 27.2. A special rule also may designate the Member. 
  Sec. 14, infra. If a Member has not been specifically designated, the 
  Chair may in his discretion recognize a committee member to call up a 
  measure. 91-1, Dec. 23, 1969, p 40982.


  Sec. 14 . Effect of Special Rules

                                 Generally

      The designation of certain Members to control debate on a measure 
  is frequently provided by special rule from the Committee on Rules. 
  Typically the Committee on Rules will draft a special rule providing 
  that debate be equally divided and controlled by the chairman and 
  ranking minority member of the reporting committee or committees. 
  Deschler-Brown Ch 29 Sec. 28. That control can be delegated to a 
  designee.

                Dividing Debate Between Multiple Committees

      A special rule from the Committee on Rules may specify that debate 
  be divided between and controlled by two or more standing committees. 
  Deschler-Brown Ch 29 Sec. 28.13. The special rule may provide that 
  debate be controlled by the chairmen and ranking minority members of 
  the several committees reporting a bill, sometimes with the secondary 
  committees controlling a lesser amount of time. Deschler-Brown Ch 29 
  Sec. 28.16. Debate also may be divided between the standing committee 
  reporting a bill and a permanent select committee. 95-1, Sept. 9, 
  1977, p 28367.
      Where a special rule divides the control of general debate on a 
  bill among the chairmen and ranking members of two standing 
  committees, but does not specify the order of recognition, the Chair 
  may exercise his discretion. He may allow one committee to use its 
  time before recognizing the other, or may rotate among the four 
  managers. Deschler-Brown Ch 29 Sec. 28.18.
      If the rule divides control of debate among a primary reporting 
  committee and several sequentially reporting committees in a 
  designated order,

[[Page 387]]

  the Chair may allocate time between the chairman and ranking minority 
  member of each committee in the order listed, if and when present on 
  the floor, and permit only the primary committee to reserve a portion 
  of its time to close general debate. Deschler-Brown Ch 29 Sec. 28.16. 
  When the Chair has announced his intention to permit the primary 
  committee to so reserve a portion of its time, the sequential 
  committees are required to use all of their time before the closing 
  debate by the primary committee. 99-1, Dec. 5, 1985, pp 34638, 34644. 
  A majority manager of the bill who represents the primary committee of 
  jurisdiction is entitled to close general debate (as against another 
  manager representing an additional committee of jurisdiction). Manual 
  Sec. 959.

      Division of Time Between a Member in Favor and a Member Opposed

      In the event that a specified amount of time for debate is equally 
  divided and controlled between the proponent of the amendment and a 
  Member opposed thereto, only one Member may be recognized to control 
  the time in favor of the amendment and only one Member may be 
  recognized to control the time in opposition, though each may in turn 
  yield blocks of time to other Members. 99-2, Aug. 11, 1986, pp 20678, 
  20679. Pro forma amendments are not permitted where second degree 
  amendments are prohibited unless so specified. 99-2, Aug. 14, 1986, p 
  21655. Time for debate on the amendment having been divided between 
  the proponent and an opponent, the Chair may in his discretion 
  recognize the manager of the bill in opposition, there being no 
  requirement for recognition of the minority party. Indeed, the Chair 
  ordinarily recognizes the chairman of the committee managing the bill 
  if he qualifies as opposed to the amendment. Manual Sec. 959; Sec. 10, 
  supra.
      A special rule may provide that, after general debate divided 
  between the chairman and ranking minority member of the reporting 
  committee, a certain amount of time for general debate be divided and 
  controlled by a Member in favor of and a Member opposed to a certain 
  section of the bill. 96-1, Sept. 13, 1979, pp 24168, 24192. In one 
  instance, the House adopted a special rule providing for one hour of 
  general debate to be equally divided and controlled by the chairman 
  and ranking minority member of the reporting committee, and two hours 
  to be divided and controlled by Members to be designated by the 
  chairman. 95-2, July 31, 1978, p 23451.

[[Page 388]]

  Sec. 15 . Yielding Time-- For Debate

                         In General; Who May Yield

      In an earlier era, a Member could not yield time for debate 
  without losing his right to reoccupy the floor. A Member could not 
  yield the floor unless he yielded it unconditionally. 5 Hinds 
  Sec. Sec. 5023, 5026. That practice began to change with the adoption 
  of the hour rule for debate in 1841. 5 Hinds Sec. 5021.
      Under current practice, a Member controlling the time during 
  debate may yield blocks of time for debate to others, take his seat, 
  and still retain the right to resume debate or move the previous 
  question. 8 Cannon Sec. 3383. The yielding of time for debate is 
  discretionary with the Members who have control thereof. Deschler-
  Brown Ch 29 Sec. Sec. 31.1, 31.2. A Member may not yield for purposes 
  of debate where he has risen merely to make or reserve a point of 
  order. Deschler-Brown Ch 31 Sec. 7.5.
      A Member who seeks yielded time should address the Chair and 
  request the permission of the Member speaking. Deschler-Brown Ch 29 
  Sec. 42. Where a Member interrupts another Member during debate 
  without being yielded to, the time consumed by his remarks are not 
  charged against the time for debate of the Member controlling the 
  floor and the remarks are not carried in the Congressional Record. 
  Manual Sec. 946. A Member may yield to another for a parliamentary 
  inquiry, but the time consumed by the inquiry and the response of the 
  Chair comes out of the time of the Member yielding. Deschler-Brown Ch 
  29 Sec. 29.5.
      The time used by yielding is ordinarily charged against the 
  yielding Member. Deschler-Brown Ch 29 Sec. 29.5. Unused time reverts 
  to the yielding Member. Deschler-Brown Ch 29 Sec. 31.36.
      Rule XVIII clause 3(b), which prohibits a Member who is not a 
  manager from speaking more than once on a question, often is 
  superseded in modern practice by special orders of business that vest 
  control of debate in designated Members and permit them to yield more 
  than once to other Members. Manual Sec. 959.

                               In the House

      The Member in control of debate in the House under the hour rule 
  may in his discretion yield for debate. Deschler-Brown Ch 29 Sec. 29. 
  Indeed, although not required to do so by standing rule, majority 
  members in control under the hour rule frequently yield one-half the 
  time to the minority in order that full debate may be had. Deschler-
  Brown Ch 29 Sec. 29.15. Of course, the yielding of time must be 
  consistent with any division of time

[[Page 389]]

  that is required by House rule or a special rule from the Committee on 
  Rules.

                       In the Committee of the Whole

      In the Committee of the Whole, a Member in control of time for 
  general debate may yield a block of time (up to one hour) to another 
  Member. Deschler-Brown Ch 29 Sec. 31.24.
      During five-minute debate Members may yield, as for a question or 
  comment, but may not yield blocks of time. 5 Hinds Sec. Sec. 5035-
  5037. A Member yielding to a colleague during debate under the five-
  minute rule should remain standing to protect his right to the floor. 
  Deschler-Brown Ch 29 Sec. 29.8. If a Member uses only part of his 
  time, his five-minute period is treated as exhausted, as it cannot be 
  reserved, and another Member cannot claim recognition for the unused 
  time. 8 Cannon Sec. 2571. However, where debate on an amendment is 
  limited or allocated by a unanimous-consent agreement or motion, or by 
  a special rule, to a proponent and an opponent, the five-minute rule 
  is abrogated and the Members controlling the debate may yield and 
  reserve time. Manual Sec. 980.

                  Yielding During Debate on Special Rules

      The traditional practice with regard to resolutions from the 
  Committee on Rules providing special rules for the consideration of 
  measures is for the Member in charge of the resolution to yield one-
  half of the time to the minority, who then may yield specified 
  portions thereof. Although the minority member of the Committee on 
  Rules to whom one-half of the time for debate is yielded customarily 
  yields portions of that time to other Members, another Member to whom 
  a portion of time is yielded may in turn yield blocks of that time 
  only by unanimous consent. Deschler-Brown Ch 29 Sec. 31.23. However, 
  where a Member has been recognized under the hour rule following 
  refusal of the previous question on such a resolution, he has control 
  of the time and is under no obligation to yield half of that time as 
  is the customary practice of the Committee on Rules. Deschler-Brown Ch 
  29 Sec. 15.20.

                     Yielding Time During Yielded Time

      A Member to whom time has been yielded during debate under the 
  hour rule in the House may, while remaining on his feet, yield to a 
  third Member for comments or questions but may not in turn yield 
  blocks of time, except by unanimous consent. Deschler-Brown Ch 29 
  Sec. 31.21. A similar rule is followed in the Committee of the Whole. 
  Deschler-Brown Ch 29 Sec. 31.24.

[[Page 390]]

      Where a Member is yielded time in the House for debate only, he 
  may not yield to a third Member for purposes other than debate. 
  Deschler-Brown Ch 29 Sec. 31.19.


  Sec. 16 . -- Yielding for Amendment

                                In General

      A measure being considered in the House is not subject to 
  amendment by a Member not in control of the time unless the Member in 
  control yields for that purpose. Deschler-Brown Ch 29 Sec. Sec. 30.1, 
  30.4. A Member may not offer an amendment in time secured for debate 
  only or request unanimous consent to offer an amendment unless yielded 
  to for that purpose by the Member controlling the floor. Manual 
  Sec. 946; 8 Cannon Sec. 2474; Deschler-Brown Ch 29 Sec. 30.6.
      A Member to whom time is yielded for the purpose of offering an 
  amendment in the House is recognized in his own right to discuss the 
  amendment for one hour and may himself yield time. 8 Cannon 
  Sec. Sec. 2471, 2478; Deschler-Brown Ch 29 Sec. 30.11.

                    Loss of Control by Yielding Member

      A Member may not yield to another Member to offer an amendment 
  without losing the floor. 5 Hinds Sec. Sec. 5021, 5030, 5031; 8 Cannon 
  Sec. 2476; Manual Sec. 946. Where a Member controlling the time on a 
  measure in the House yields for the purpose of amendment, another 
  Member may move the previous question on the measure before the Member 
  yielded to is recognized to debate his amendment. Manual Sec. 997. The 
  previous question takes precedence over an amendment. Rule XVI clause 
  4; Manual Sec. 911. If the Member calling up a measure offers an 
  amendment and then yields to another Member to offer an amendment to 
  his amendment, the first Member loses the floor and the Member yielded 
  to is recognized for one hour and may move the previous question on 
  the amendments and on the measure itself. Deschler-Brown Ch 29 
  Sec. 33.9.

                        Under the Five-Minute Rule

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. It is the prerogative of the 
  Chair to recognize Members offering amendments under the five-minute 
  rule. Manual Sec. 946. However, a Member recognized under the five-
  minute rule may by unanimous consent yield the balance of his time to 
  another Member, who may thereafter offer an amendment when separately 
  recognized by the Chair for that purpose. Deschler-Brown Ch 29 
  Sec. 19.25.

[[Page 391]]

      A Member offering a pro forma amendment under the five-minute rule 
  may not yield to another Member during that time to offer an 
  amendment. Manual Sec. 981.


  Sec. 17 . Interruptions; Losing or Surrendering Control

                                In General

      With few exceptions, a Member may interrupt another Member in 
  debate only if yielded to. A Member desiring to interrupt another in 
  debate should address the Chair to obtain the permission of the Member 
  speaking. The Member speaking may then exercise his own discretion 
  about whether or not to yield. The Chair will take the initiative in 
  preserving order when a Member declining to yield in debate continues 
  to be interrupted by another Member. Deschler-Brown Ch 29 Sec. 42.14; 
  Manual Sec. 946.
      A Member in control of time for debate in the House may 
  voluntarily surrender the floor by simply so stating or by withdrawing 
  the measure he is managing. A Member recognized under the hour rule 
  may yield the floor upon expiration of his hour without moving the 
  previous question, thereby permitting another Member to be recognized 
  for a successive hour. Manual Sec. 957. A Member also may lose the 
  floor if he is ruled out of order for disorderly language. Deschler-
  Brown Ch 29 Sec. 33. Finally, a Member loses the floor if he yields 
  for other legislative business (8 Cannon Sec. 2468) or for an 
  amendment (Sec. 16, supra).
      A Member may be interrupted by a point of order or by the 
  presentation of certain privileged matter, such as a conference 
  report. 5 Hinds Sec. 6451; 8 Cannon Sec. 3294. In addition, it is 
  customary for the Speaker to request a Member to yield for the 
  reception of a message. Manual Sec. 946.
      Although a motion proposed by the Member in charge may be 
  displaced by a preferential motion, a Member may not by offering such 
  motion deprive the Member in charge of the floor. 8 Cannon Sec. 3259. 
  A Member having the floor may not be deprived of the floor and taken 
  off his feet:

     By a motion to adjourn. 5 Hinds Sec. Sec. 5369, 5370; 8 Cannon 
         Sec. 2646.
     By a demand for the previous question. 8 Cannon Sec. 2609.
     By a question of personal privilege. 5 Hinds Sec. 5002; 8 
         Cannon Sec. 2459; 98-1, Sept. 29, 1983, pp 26508, 26509.

                 Interruptions for Parliamentary Inquiries

      An interruption for a parliamentary inquiry is not in order unless 
  the Member having the floor yields for that purpose. Manual Sec. 628; 
  8 Cannon Sec. Sec. 2455-2458. If a Member does yield for that purpose, 
  he will not lose control of the floor because he retains the right to 
  resume. Thus, a Member

[[Page 392]]

  who has been yielded time for a parliamentary inquiry may not during 
  his inquiry move that the House adjourn, for that would deprive the 
  Member holding the floor of his right to resume. 88-2, June 3, 1964, p 
  12522.
      Where the Member controlling the time yields to another for 
  debate, the latter may, during the time so yielded, propound a 
  parliamentary inquiry. 90-1, July 17, 1967, p 19033. The time consumed 
  to state and answer the inquiry is deducted from his time for debate. 
  94-1, Sept. 25, 1975, p 30196. When the Member holding the floor 
  during general debate yields solely for a parliamentary inquiry, the 
  time continues to run against him. Deschler-Brown Ch 31 Sec. 15.6. 
  However, when the Chair entertains a parliamentary inquiry before the 
  Member managing the pending measure in the House has been recognized 
  for debate, or between recognitions, the time consumed by the inquiry 
  does not come out of his time. Deschler-Brown Ch 31 Sec. 15.8.


                          C. Relevancy in Debate


  Sec. 18 . In General; In the House

      A Member addressing the House must confine himself ``to the 
  question under debate. . . .'' Rule XVII clause 1; Manual Sec. 945. 
  The rule, which was adopted in 1811, enables the House to expedite 
  proceedings when a specific proposition is before it for action. 
  Manual Sec. 945; 5 Hinds Sec. Sec. 4979, 5043-5048; 8 Cannon 
  Sec. 2481. The rule is directed against irrelevant discussion, not 
  mere redundancy. Although Jefferson's Manual enjoins superfluous or 
  tedious remarks, in practice the House has never suppressed debate of 
  this character, the hour rule being regarded as sufficiently 
  restrictive in that regard. Manual Sec. 359.
      Debate on a reported resolution pending before the House should be 
  confined thereto and should not be extended to an unreported bill even 
  though on the same subject. 5 Hinds Sec. 5053. The rule is applicable 
  to debate on private bills (8 Cannon Sec. 2590) and to bills on the 
  Corrections Calendar (104-1, Nov. 14, 1995, p 32354-57; 104-2, Mar. 
  12, 1996, p 4447-51). On a motion to suspend the rules, debate is 
  confined to the object of the motion and may not range to the merits 
  of a bill not scheduled for such consideration. Manual Sec. 948.
      It was the custom of earlier Speakers to hold the Member speaking 
  strictly to the question before the House, without waiting for the 
  point to be made on the floor. See 5 Hinds Sec. 5043 (note). Under 
  modern practice the Speaker rarely calls to order, on his own 
  initiative, a Member speaking to an unrelated question, but waits for 
  a point of order to be made. Manual Sec. 948.

[[Page 393]]

      Under modern practice Speakers have applied the rule of relevancy 
  with more tolerance and latitude than under the earlier practice. 
  Deschler-Brown Ch 29 Sec. 35. A Member is sometimes permitted to 
  discuss matters other than the pending measure by unanimous consent. 
  Deschler-Brown Ch 29 Sec. 35. Absent unanimous consent, if a point of 
  order is made and sustained, the Speaker must direct the Member 
  speaking to confine his remarks to the question (5 Hinds 
  Sec. Sec. 5044-5048) and to maintain an ongoing ``nexus'' between the 
  pending bill and any broader policy issues (Manual Sec. 948).
      The relevancy requirement of rule XVII is applicable to floor 
  debate on pending propositions. It is not normally applicable to a 
  Member making a one-minute or special-order speech. See Sec. 50, 
  infra. However, if a unanimous-consent request for a Member to address 
  the House for one hour specifies the subject of the address, the Chair 
  may enforce the rule of relevancy in debate by requiring that the 
  remarks be confined to the subject so specified. Manual Sec. 948.
      When a resolution reported from the Committee on Rules is pending, 
  debate must be confined to that special rule and to the merits of the 
  bill made in order thereby. Debate should not extend to the merits of 
  a bill that is not to be considered under the special order. Manual 
  Sec. 948.
      Debate on a question of personal privilege must be confined to the 
  statements or issue that gave rise to the question of privilege (5 
  Hinds Sec. Sec. 5075-5077; 6 Cannon Sec. Sec. 576, 608; 8 Cannon 
  Sec. Sec. 2448, 2481; Deschler-Brown Ch 29 Sec. 36). Debate on a 
  privileged resolution recommending disciplinary action against a 
  Member may include comparisons with other such actions taken by or 
  reported to the House for purposes of measuring the severity of 
  punishment but should not extend to the conduct of another Member who 
  is not the subject of a committee report. Debate on a resolution 
  electing a Member to committee should not extend to that committee's 
  agenda. Manual Sec. 948.


  Sec. 19 . In the Committee of the Whole-- General Debate

      In the Committee of the Whole, during the general debate that 
  precedes the reading of the bill for amendment under the five-minute 
  rule, a Member is allowed great freedom and latitude in debate. 5 
  Hinds Sec. Sec. 5234-5238. ``Anything may be discussed which may by 
  the liveliest imagination be supposed to relate to the state of the 
  Union in any particular or in any degree, however remote.'' 8 Cannon 
  Sec. 2590. However, such license is normally suppressed by the special 
  rule or other House order setting the duration and scope of the 
  debate. 5 Hinds Sec. Sec. 5233-5238; 8 Cannon Sec. 2590; Deschler-
  Brown Ch 29 Sec. 37. If the bill is being considered under the terms 
  of a spe

[[Page 394]]

  cial rule that requires that debate be confined to the bill, a Member 
  may exceed those bounds only by unanimous consent. Deschler-Brown Ch 
  29 Sec. 37.3.


  Sec. 20 . -- Under the Five-Minute Rule

      The scope of debate under the five-minute rule is more narrowly 
  confined than is the scope of general debate. Manual Sec. 948; 5 Hinds 
  Sec. Sec. 5240-5256; 8 Cannon Sec. 2591. Debate on a pending amendment 
  must be confined to the subject of the amendment and its relation to 
  the bill. Deschler-Brown Ch 29 Sec. Sec. 38.5, 38.11. This is due in 
  part to the language of rule XVIII clause 5, which states that a 
  Member is to be allowed five minutes ``to explain'' an offered 
  amendment. Manual Sec. 978. It has been held that remarks on the 
  general merits of the bill are not in order as ``explaining'' an 
  amendment, and remarks touching on the demerits of the bill are not in 
  order as opposing an amendment. 5 Hinds Sec. 5242. Nevertheless, the 
  Chair may accord Members latitude to put their amendment in context, 
  such as permitting debate on a series of amendments in the nature of a 
  substitute to a concurrent resolution on the budget to include 
  amendments not yet offered. 106-1, Mar. 25, 1999, p ____.
      Relevancy in debate may be enforced even if a Member is attempting 
  to respond to previous extraneous remarks in debate against which no 
  point of order was raised. Deschler-Brown Ch 29 Sec. 38.13. However, a 
  Member may speak to another subject by unanimous consent. This is 
  permitted even where the Committee of the Whole is proceeding pursuant 
  to the provisions of a special rule permitting only designated 
  amendments to be offered. Deschler-Brown Ch 29 Sec. 38.17. Where a 
  general provisions title is pending, debate may relate to any subject 
  covered by the bill. Manual Sec. 948.


                           D. Disorder in Debate


  Sec. 21 . In General

                                 Generally

      Among the oldest rules of the House are those that authorize the 
  Speaker to maintain order and decorum in the House (rule I clause 2) 
  and to call a Member to order where he has transgressed the rules of 
  the House ``in speaking or otherwise'' (rule XVII clause 4). This 
  language makes it clear that Members must not only follow all the 
  rules and requirements for the conduct of business in the House, but 
  must also observe the principles of

[[Page 395]]

  decorum and courtesy in debate, as set forth in rule XVII and by 
  related provisions in Jefferson's Manual. Manual Sec. Sec. 353-379, 
  945-962.
      Time consumed by proceedings incident to a call to order is not 
  charged against the time of the Member under recognition. 102-2, Oct. 
  3, 1992, p 31009.
      A Member may be called to order by another Member's timely demand 
  that the words used be taken down and read aloud at the Clerk's desk. 
  The Speaker then rules whether the words or actions of the Member are 
  disorderly. Whether an offending Member is to be allowed to proceed in 
  order or is to be disciplined is determined by the House. Sec. 26, 
  infra.

                              Disorderly Acts

      Decorum or comportment in the conduct and behavior of Members on 
  the floor of the House is governed in part by rule XVII clause 5. 
  Manual Sec. 962. Prohibited conduct under the rule includes:

     Walking out of or across the hall while the Speaker is 
         addressing the House.
     Passing between the Chair and a speaking Member.
     Wearing a hat.
     Using a wireless phone or personal computer.
     Remaining by the Clerk's desk during roll calls.
     Smoking.

      A Member's comportment may constitute a breach of decorum even 
  though the content of that Member's speech is not, itself, 
  unparliamentary. Deschler-Brown Ch 29 Sec. 41.2.
      Demonstrations of approval or disapproval, such as applause, are 
  not a part of the proceedings of the House. Deschler-Brown Ch 29 
  Sec. 41.8. While a Member has the floor, he may not request Members to 
  conduct a straw vote, such as showing hands or rising in support of a 
  certain measure. Deschler-Brown Ch 29 Sec. 41.10.
      The Chair may entertain a demand to clear the well in the event of 
  disorder therein. 88-1, Dec. 9, 1963, p 23831. Under rule II clause 3, 
  the Sergeant-at-Arms attends the sittings of the House and the 
  Committee of the Whole and maintains order under the direction of the 
  Speaker or Chairman. Manual Sec. 656; 1 Hinds Sec. 257. On one 
  occasion the Speaker requested the Sergeant-at-Arms to assist him in 
  maintaining decorum disrupted by a former Member. Manual Sec. 622. 
  Former Members may be banned from the floor for indecorous behavior as 
  a matter of privilege. Manual Sec. 680.
      Acts of physical violence by one Member or between two Members 
  during or after heated debate have occurred. 2 Hinds Sec. Sec. 1642-
  1644, 1655,

[[Page 396]]

  1656. Assaults or affrays in the Committee of the Whole are dealt with 
  by the House. 2 Hinds Sec. Sec. 1648-1651.

                                  Attire

      The Speaker has announced as proper the customary traditional 
  attire for Members while in attendance in the House Chamber, including 
  a coat and tie for male Members and appropriate attire for female 
  Members. In one instance, the Speaker refused to recognize for debate 
  a Member in violation of the practice that Members were expected to 
  follow traditional standards of dress, and requested the Member in 
  question to remove himself from the floor and don proper attire. The 
  House subsequently agreed to a resolution, offered as a question of 
  privilege, requiring Members to wear proper attire as determined by 
  the Speaker, and denying noncomplying Members the privilege of the 
  floor. Manual Sec. 622.

                        Exhibits and Charts; Badges

      Under rule XVII clause 6, the Chair, in his discretion, may submit 
  to the House the question of the use of an exhibit, such as a chart, 
  during debate. In addition, the Speaker's responsibility to preserve 
  decorum requires that he disallow the use of an exhibit in debate that 
  would be demeaning to the House or that would be disruptive of its 
  proceedings. Manual Sec. Sec. 622, 963; see Sec. 62, infra.
      In recent years, Members occasionally have worn badges of various 
  sorts on the floor to convey political messages to their colleagues 
  and to the television audience. The Speaker has advised Members that 
  the wearing of badges on the floor while engaging in debate is 
  inappropriate and in contravention of rule XVII clause 1. Manual 
  Sec. 945.

                          Speaker's Announcements

      On the opening day of recent Congresses, the Speaker has stressed 
  the importance of various rules of decorum in the House. He has 
  prefaced his customary announcement with a general statement 
  concerning decorum in the House, including adjurations against 
  engaging in personalities, addressing remarks to spectators, and 
  passing in front of the Member addressing the Chair. ``It is 
  essential,'' the Speaker said, ``that the dignity of the proceedings 
  of the House be preserved, not only to assure that the House conducts 
  its business in an orderly fashion but to permit Members to properly 
  comprehend and participate in the business of the House.'' 107-1, Jan. 
  3, 2001, p ____.

[[Page 397]]

  Sec. 22 . Disorderly Language

      Members have been censured or otherwise disciplined for the use of 
  disorderly words in debate, whether the words were uttered in the 
  House or the Committee of the Whole. Manual Sec. 960; 2 Hinds 
  Sec. Sec. 1254, 1259, 1305; 6 Cannon Sec. 236. A Member may likewise 
  be disciplined for the insertion of disorderly words in the 
  Congressional Record. 6 Cannon Sec. 236. Members have been cautioned 
  against the use of vulgarity or profanity in debate. Manual Sec. 945. 
  The Chair may call to order a Member engaging in or tending toward 
  personalities in debate or for a verbal outburst following expiration 
  of his time for debate. Manual Sec. Sec. 361, 622. For a discussion of 
  critical references to Members, see Sec. 37, infra.
      The context of the debate itself must be considered in determining 
  whether the words objected to constitute disorderly criticism or do in 
  fact fall within the boundaries of appropriate parliamentary 
  discourse. The present-day meaning of language, the tone and intent of 
  the Member speaking, and the subject of his remarks, must all be taken 
  into account by the Speaker. There have been instances in which the 
  same or similar word has on one occasion been ruled permissible and on 
  another ruled unparliamentary. Thus the word ``damn'' has been ruled 
  out of order, whereas ``damnable'' has been permitted. Deschler-Brown 
  Ch 29 Sec. 43.


  Sec. 23 . -- References to Senate

                                 Generally

      A well-established rule of comity prohibits certain references in 
  debate to the Senate or to individual Senators. Rule XVII clause 1; 
  Manual Sec. 945. This principle, first enunciated in Jefferson's 
  Manual, was strictly applied in the House for many years. Manual 
  Sec. 371; 5 Hinds Sec. 5095; 8 Cannon Sec. 2501. However, the rule was 
  modified in 1987 and again in 1989 to provide for certain references 
  to the Senate as follows:

        (b)(2)(A) Except as provided in subdivision (B), debate may not 
    include characterizations of Senate action or inaction, references 
    to individual Members of the Senate, or quotations from Senate 
    proceedings.
        (B) Debate may include references to actions taken by the Senate 
    or by committees thereof that are a matter of public record; 
    references to the pendency or sponsorship in the Senate of bills, 
    resolutions, and amendments; factual descriptions relating to Senate 
    action or inaction concerning a measure then under debate in the 
    House; and quotations from Senate proceedings on a measure then 
    under debate in the House that are relevant to the making of 
    legislative history establishing the meaning of that measure.


[[Page 398]]



                References to the Senate or Its Proceedings

      A Member is permitted to refer to the existence of the Senate and 
  its functions in a general and neutral way. For example, a Member may 
  oppose a sine die adjournment resolution on the grounds that Congress 
  should stay in session to complete action on specified legislation 
  then pending in the Senate. 5 Hinds Sec. 5115. It is appropriate to 
  state whether or not the Senate has acted on House-passed legislation 
  as long as criticism is neither stated nor implied. If references to 
  the Senate are appropriate, the Member delivering them is not required 
  to use the term ``the other body,'' and the use of the term ``Senate'' 
  is not a per se violation of the rule of comity. Manual Sec. Sec. 371-
  374.
      On the other hand, it is not in order to criticize Senate actions. 
  5 Hinds Sec. 5114. Statements in debate questioning the intent of the 
  Senate with respect to legislation pending in the House remain a 
  violation of the rule of comity. It is a breach of order in debate to 
  refer to the motives of the Senate in passing certain legislation. 
  Manual Sec. 371. Although a Member in debate may refer to the pendency 
  of a House-passed bill in the Senate, it is a breach of order in 
  debate to refer to a House bill as ``languishing'' in the Senate. 
  Deschler-Brown Ch 29 Sec. 44.59. Furthermore, statements urging the 
  Senate to take action have been ruled out. Manual Sec. 371.
      On one occasion, before the amendment of rule XVII (regarding 
  references to the Senate), the Speaker entertained a unanimous-consent 
  request that a Member be permitted to refer in debate to certain 
  Senate proceedings. 96-2, June 4, 1980, p 13212. However, the Chair 
  will not entertain such a request where the references would 
  necessarily imply criticism of the Senate, such as to respond to 
  remarks in the Senate that were critical of Members of the House. 8 
  Cannon Sec. 2519; Manual Sec. 371.

                     References to Individual Senators

      Under rule XVII clause 1, remarks in debate may not include 
  references to individual Members of the Senate other than as sponsors 
  of measures; and the Chair enforces this principle on his own 
  initiative. Manual Sec. 374. Even complimentary or congratulatory 
  references to individual Members of the Senate are out of order. 
  Similarly, references to actions that might be taken by named Members 
  of the Senate, or Senators designated by position, are out of order. 
  The prohibition against such references to a Senator includes 
  references where the Senator is not identified by name or the 
  reference is to another person's criticism of a Senator. It also is a 
  violation of the rule to refer in debate to specific votes by 
  particular Senators, and the Chair also calls Members to order on his 
  own initiative when this occurs. Manual Sec. 371; Deschler-Brown Ch 29 
  Sec. 44.41. A Senator's comments

[[Page 399]]

  in debate may be quoted in the House only when relevant to pending 
  legislation. Manual Sec. 945. The House has, by unanimous consent, 
  permitted tributes to a retiring Senator. Manual Sec. 371.
      References to former Members of the House who are presently 
  Senators are permissible only if they merely address prior House 
  service and do not implicitly characterize Senate service. References 
  to Members of the Senate in their capacity as nominated candidates for 
  the Presidency or other office are not prohibited, but references 
  attacking the character or integrity of a Senator even in that context 
  are not in order. Manual Sec. 371.
      Debate may not include references to a named Senator in his 
  capacity as a member of a conference committee. However, it is in 
  order in debate, while discussing a question involving conference 
  committee procedure, to state what actually occurred in a conference 
  committee session, without referring to or criticizing a named 
  Senator. Deschler-Brown Ch 29 Sec. 44.10.
      In 1985, a Member was called to order for referring in debate to 
  remarks made by a Senator during a Senate committee hearing. 99-1, May 
  16, 1985, p 12229. In 1986, a Member, upon being cautioned by the 
  Chair not to refer to a Senator in debate, obtained unanimous consent 
  to refer to correspondence between the Senator and a Federal official. 
  Deschler-Brown Ch 29 Sec. 44.36. Remarks during an impeachment 
  proceeding may not include comparisons to personal conduct of sitting 
  Members of the Senate. Manual Sec. 370.

                            Duties of the Chair

      It is the duty of the Speaker to call to order a Member who 
  criticizes the actions of the Senate or its Members or committees. 
  Indeed, the Chair takes the initiative to prevent any debate in the 
  House that may tend to reflect improperly upon the Senate or its 
  Members in violation of the rule of comity and may deny an offending 
  Member further recognition. Manual Sec. Sec. 374, 945. Although he may 
  remind all Members not to make such references, he need not respond to 
  hypothetical questions as to the propriety of possible 
  characterizations of Senate actions before their use in debate. Manual 
  Sec. 628


  Sec. 24 . -- References to the Press, Media, or Gallery

                          References to the Media

      A Member should address his remarks to the Chair, and only the 
  Chair; it is not in order for a Member to address his remarks to ``the 
  press'' or to the ``television audience,'' including those who may be 
  watching by way

[[Page 400]]

  of closed circuit television. The Chair enforces the rule on his own 
  initiative. Manual Sec. 945.

                         References to the Gallery

      By rule of the House adopted in 1933, no Member may introduce or 
  refer to any occupant of the galleries of the House. Rule XVII clause 
  7; Manual Sec. 966. The rule is strictly enforced, and the Speaker 
  ordinarily intervenes on his own initiative to prevent infraction 
  thereof. Deschler-Brown Ch 29 Sec. Sec. 45.4, 45.7. The rule may not 
  be suspended by permission to proceed out of order, even by unanimous 
  consent. Manual Sec. 966. The rule has been invoked to prevent a 
  Member from making references to:

     An honored guest in the gallery who had exhibited ``great 
         heroism.'' Deschler-Brown Ch 29 Sec. 45.1.
     A Member's constituents sitting in the gallery. Deschler-Brown 
         Ch 29 Sec. 45.2.
     A Federal official present in the gallery who had an interest 
         in the pending bill. Deschler-Brown Ch 29 Sec. 45.3.
     A ``disinterested, objective observer'' sitting in the 
         gallery. Deschler-Brown Ch 29 Sec. 45.5.
     Family members present in the gallery. 99-2, July 29, 1986, p 
         17956.


  Sec. 25 . -- References to Executive Officials

      Jefferson wrote that in Parliament it was out of order to speak 
  ``irreverently or seditiously'' against the King. Manual Sec. 370. No 
  analogous constraint exists in the rules of the House. Members in 
  debate are permitted wide latitude in the use of language that is 
  critical of the President, other officials of the executive branch, 
  and the government itself. 5 Hinds Sec. Sec. 5087-5091; 8 Cannon 
  Sec. Sec. 2499, 2500; Deschler-Brown Ch 29 Sec. 47. Such criticism is 
  considered as inherent in the exercise of legislative authority. As a 
  report adopted by the House in 1909 read, ``The right to legislate 
  involves the right to consider conditions as they are and to contrast 
  present conditions with those of the past or those desired in the 
  future. The right to correct abuses by legislation carries the right 
  to consider and discuss [them].'' 8 Cannon Sec. 2497. Members may 
  employ strong language in criticizing the government, government 
  agencies, and governmental policies. For example, it has been held in 
  order for a Member to:

     Refer to the government as ``something hated, something 
         oppressive.'' Deschler-Brown Ch 29 Sec. 47.6.
     Refer to the President as ``using legislative and judicial 
         pork.'' 8 Cannon Sec. 2499.
     Refer to a Presidential message as a ``disgrace to the 
         country.'' 5 Hinds Sec. 5091.

[[Page 401]]

     Refer to certain unnamed officials as ``our half-baked nitwits 
         who are handling the foreign affairs. . . .'' Deschler-Brown Ch 
         29 Sec. 47.3.
     Refer to a Federal agency as a ``Socialist, Communist'' 
         experiment. Deschler-Brown Ch 29 Sec. 47.4.
     Refer to the government as a ``labor dictatorship.'' Deschler-
         Brown Ch 29 Sec. 47.5.

      On the other hand, the rules do not permit the use of language 
  that is personally offensive toward the President. Manual Sec. 370; 5 
  Hinds Sec. 5094. For example, it is out of order to call the President 
  a ``liar'' or a ``hypocrite'' or to refer to accusations of sexual 
  misconduct. Manual Sec. 370; 8 Cannon Sec. 2498; Deschler-Brown Ch 29 
  Sec. 47.16. A Member may refer to political motives of the President 
  in debate. However, personal criticism, innuendo, ridicule, or terms 
  of opprobrium are not in order. 8 Cannon Sec. 2497. For example, a 
  Member may not in debate describe the President's veto of a bill as 
  ``cowardly'' (Manual Sec. 370), or charge that he has been 
  ``intellectually dishonest'' (Deschler-Brown Ch 29 Sec. 47.15) or 
  refer to him as ``giving aid and comfort'' to the enemy (Deschler-
  Brown Ch 29 Sec. 47.17).
      Members must abstain from personally offensive language even 
  during impeachment proceedings. It is not in order to refer to 
  evidence of alleged impeachable offenses by the President contained in 
  a communication from an Independent Counsel pending before a House 
  committee but not before the House itself. Manual Sec. 370.
      The Speaker has advised that the traditional protections against 
  unparliamentary references to the President do not necessarily extend 
  to the President's family. Deschler-Brown Ch 29 Sec. 47.18. The 
  Speaker enunciated a minimal standard of propriety for all debate 
  concerning nominated candidates for the Presidency, based on the 
  traditional proscription against personally offensive references to 
  the President even in his capacity as a candidate. Manual Sec. 370.
      References in debate to the Vice President (as President of the 
  Senate) are governed by the standards of reference permitted toward 
  the President, rather than the more stringent prohibitions under rule 
  XVII clause 1 against references to sitting Senators. Therefore, a 
  Member may criticize in debate the policies or candidacy of the Vice 
  President but may not engage in personality. Manual Sec. 371.
      Under rule XVII a Member may be called to order for alleged 
  unparliamentary references to the President by a demand that the words 
  be taken down for a ruling by the Speaker. Deschler-Brown Ch 29 
  Sec. 49.32.

[[Page 402]]

  Sec. 26 . Procedure; Calls to Order

                               In the House

      Procedures are available under rule XVII that enable the House to 
  deal with disorderly words or actions by Members. A Member 
  transgressing the rules may be called to order by the Speaker or by 
  another Member. Manual Sec. 960. The Member calling him to order may 
  demand that the words objected to be ``taken down'' and read to the 
  House by the Clerk. Manual Sec. 960.
      Briefly summarized, procedures available to deal with disorder 
  include:

     Point of order raised against alleged unparliamentary 
         language.
     Demand that words be ``taken down.''
     The Chair gavels the proceedings to a halt and directs the 
         offending Member to take his seat.
     Words taken down reported to the House by the Clerk.
     Unanimous-consent request to withdraw words taken down.
     Motion to allow Member to explain words taken down.
     Speaker rules whether words are out of order.
     Member ruled out of order must be seated and discontinue 
         debate.
     Motion to strike (or expunge) words.
     Censure or other disciplinary action by the House if (with 
         certain exceptions) there has been no intervening debate or 
         business.
     Motion that the Member be allowed to proceed in order.

      Not all cases involving disorderly words require the taking down 
  of words and other formal action by the House. In many instances, the 
  Chair will observe that debate is becoming personal and approaching a 
  violation of the rules, in which case he may simply request that 
  Members proceed in order. See, e.g., Deschler-Brown Ch 29 Sec. 48.1. 
  The Chair also may caution all Members, on his own initiative or in 
  response to a parliamentary inquiry, not to question the integrity or 
  motivation of other Members in debate. Deschler-Brown Ch 29 
  Sec. 49.36. Likewise, where a Member objects to unparliamentary 
  remarks delivered in debate, but does not demand that the words be 
  taken down, it is appropriate for the Chair to sustain the point of 
  order and then direct the Member to proceed in order. Deschler-Brown 
  Ch 29 Sec. 49.34.

                                   Form

      Chair: For what purpose does the gentleman rise?
      Member: Mr. Speaker (or Mr. Chairman), I rise to a point of order.
      Chair: The gentleman will state his point of order.
      Member: Mr. Speaker (or Mr. Chairman), I make the point of order 
    that the gentleman from __________ is __________.

[[Page 403]]

      Chair: The point is well taken and the gentleman will proceed in 
    order.

      Ordinarily, a question of personal privilege may not be based upon 
  language uttered in debate, the proper course being the timely demand 
  that words be taken down under rule XVII. Manual Sec. 708.


  Sec. 27 . -- Procedure in the Committee of the Whole

      A point of order may be raised against the use of disorderly 
  language during debate in the Committee of the Whole. The Chairman of 
  the Committee may respond by sustaining the point of order and 
  admonishing the offending Member to proceed in order. Deschler-Brown 
  Ch 29 Sec. 49.34.
      The use of disorderly language in the Committee of the Whole also 
  is subject to a demand that the words be taken down and reported to 
  the House for a ruling by the Speaker. 8 Cannon Sec. 2539. The 
  Chairman does not rule on whether the words taken down are out of 
  order. 8 Cannon Sec. Sec. 2533, 2540. There is no debate in the 
  Committee on the propriety of the words used. 8 Cannon Sec. 2538. The 
  Committee rises automatically to report the words to the House after 
  the words are reported by the Clerk. 2 Hinds Sec. Sec. 1257-1259, 
  1348; 8 Cannon Sec. Sec. 2533, 2538, 2539. The business of the 
  Committee is suspended until the words objected to are reported to the 
  House. Deschler-Brown Ch 29 Sec. 49.42.

                                   Form

      Chairman: Mr. Speaker, the Committee of the Whole House [on the 
    state of the Union] having under consideration the bill H.R. ____, 
    certain words used in debate were objected to and on request were 
    taken down and read at the Clerk's desk, and I herewith report the 
    same to the House.
      Speaker (after announcing report of Chairman): The Clerk will read 
    the words reported from the committee.

      All of the words objected to in the Committee of the Whole should 
  be reported to the House. The Speaker can pass only on the words as 
  reported; a demand that additional words uttered in Committee be 
  reported is not in order in the House. Deschler-Brown Ch 29 
  Sec. 50.10.
      After the Speaker rules on the words objected to and the House has 
  disposed of any disciplinary proceedings, the Committee of the Whole 
  resumes its sitting without motion. 8 Cannon Sec. Sec. 2539, 2541; 
  Manual Sec. 961.


  Sec. 28 . -- Taking Down Words

      The taking down of words objected to in debate was a practice of 
  the House even before the procedure became part of its formal rules in 
  1837. Rule XVII clause 4; Manual Sec. 960. The words taken down may 
  consist of

[[Page 404]]

  a single phrase (Deschler-Brown Ch 29 Sec. 61.3) or an entire colloquy 
  between two Members (Deschler-Brown Ch 29 Sec. 49.13). The demand 
  should indicate the words excepted to and the identity of the Member 
  who uttered them. Manual Sec. 960. The objecting Member may indicate 
  briefly the basis for his demand, such as impugning the motives of a 
  colleague; but the objecting Member may not at that time debate the 
  grounds for a finding that the words are disorderly. Deschler-Brown Ch 
  29 Sec. 49.18.
      Ordinarily, debate on or interpretation of the words objected to 
  is not in order pending a ruling on them by the Speaker. Although 
  words objected to in debate may be withdrawn pursuant to a unanimous-
  consent request, no debate is in order pending such a request. 
  Deschler-Brown Ch 29 Sec. 49.20. However, the offending Member may by 
  unanimous consent (or on motion by another Member) be permitted to 
  explain his words. Deschler-Brown Ch 29 Sec. 52.16; Sec. 30, infra.
      While a demand that a Member's words be taken down is pending, 
  that Member should be seated immediately. Manual Sec. 961. It is a 
  breach of decorum for a Member to ignore the Chair's gavel and his 
  instruction that the Member be seated. Deschler-Brown Ch 29 Sec. 41.2.
      The business of the House is suspended until the words are 
  reported to the House. Deschler-Brown Ch 29 Sec. 49.32. During that 
  time the Speaker may refuse to entertain a parliamentary inquiry or a 
  unanimous-consent request that a Member be allowed to proceed for one 
  minute. Deschler-Brown Ch 29 Sec. Sec. 49.14, 49.15.

                                   Form

      Member: Mr. Speaker (or Mr. Chairman), I rise to a point of order, 
    and ask that the gentleman's words be taken down.
      Chair: The Clerk will transcribe the words.
      Chair: The Clerk will report the words.

                           Timeliness of Demand

      A demand that words be taken down is in order only if made in a 
  timely manner under rule XVII. Manual Sec. 960. The demand should be 
  made immediately after the words are uttered. Where debate has 
  intervened, the demand comes too late unless the objecting Member was 
  on his feet seeking recognition at the proper time. The Chair's 
  determination whether a Member's point of order constitutes a demand 
  that those words be ``taken down,'' is not such intervening debate or 
  business as to render the demand untimely. Manual Sec. 961; 8 Cannon 
  Sec. 2528. The Chair may not respond to a parliamentary inquiry 
  regarding the propriety of words pending a demand that words be taken 
  down or after the words have been uttered and no such demand has been 
  made. Manual Sec. 628.

[[Page 405]]

                    Taking Down Words Read From Papers

      Papers read during debate are subject to a timely demand that 
  words be ``taken down'' as an unparliamentary reference to other 
  sitting Members, but the demand must be made before subsequent reading 
  intervenes. That certain words may already have been published 
  elsewhere does not make them admissible in debate, and words not 
  admissible in debate may not be inserted in the Congressional Record. 
  Deschler-Brown Ch 29 Sec. 83.6.

                           Withdrawal of Demand

      Before a ruling by the Speaker, a demand in the House or in the 
  Committee of the Whole that words be taken down may be withdrawn by 
  the Member making the demand, and unanimous consent is not required. 
  Manual Sec. 961.


  Sec. 29 . -- Withdrawal or Modification of Words

                          Generally; In the House

      Words objected to in debate in the House may be withdrawn or 
  modified by unanimous consent, even after the words have been taken 
  down on demand and read by the Clerk. 8 Cannon Sec. Sec. 2543, 2544; 
  Deschler-Brown Ch 29 Sec. Sec. 51.1, 51.2.
      Pending a demand that words spoken in debate be taken down and 
  ruled unparliamentary, the Chair may inquire whether the Member whose 
  remarks are challenged wishes to request unanimous consent to modify 
  his remarks before directing the Clerk to read them. Deschler-Brown Ch 
  29 Sec. 51.11. However, the withdrawal of unparliamentary language may 
  be made even after the Speaker has ruled the language out of order or 
  even recognized another Member on a motion to strike the words from 
  the Congressional Record. 8 Cannon Sec. 2539.
      The Speaker does not rule retrospectively on the propriety of 
  words withdrawn by unanimous consent. Manual Sec. 628.

                       In the Committee of the Whole

      A Member may withdraw or modify words objected to in the Committee 
  of the Whole by unanimous consent. 8 Cannon Sec. Sec. 2528, 2538. In 
  one instance, two Members demanded that each other's words be taken 
  down and then, by unanimous consent, withdrew their remarks in the 
  Committee before they were reported to the House. Deschler-Brown Ch 29 
  Sec. 51.5.

                         Deletions From the Record

      Rule XVII clause 8 mandates that the Congressional Record be a 
  ``substantially verbatim'' account of debate and permits the deletion 
  of unparlia

[[Page 406]]

  mentary remarks only by order of the House. This clause establishes a 
  standard of conduct within the meaning of that provision of the rules 
  giving rise to the investigative jurisdiction of the Committee on 
  Standards of Official Conduct.


  Sec. 30 . -- Permission to Explain

      Ordinarily, a Member whose words are taken down must take his seat 
  and may not explain his remarks pending a ruling by the Speaker. 
  Manual Sec. 961. However, the rules specifically provide for a motion 
  to allow the Member to explain, which motion may be made only by 
  another Member. Rule XVII clause 4; Manual Sec. 960. Moreover, the 
  Speaker has the discretion, before ruling on the words, to request the 
  Member called to order to make a brief explanation of his remarks. 
  Deschler-Brown Ch 29 Sec. 52.16.


  Sec. 31 . -- Speaker's Ruling

      The Speaker (or Speaker pro tempore) has the sole power to rule 
  whether words objected to constitute a breach of order in debate. 
  Manual Sec. Sec. 960, 961; 2 Hinds Sec. 1249; 5 Hinds Sec. Sec. 5163-
  5169. This determination is made by the Speaker after the words have 
  been taken down (whether in the House or in the Committee of the 
  Whole) and have been reported by the Clerk. The question of whether 
  words taken down violate the rules is for the Speaker to decide and is 
  not debatable. Deschler-Brown Ch 29 Sec. 50.7. The Chair judges the 
  words as read by the Clerk and not as alleged to have been uttered. 
  Manual Sec. 961. No Member may engage the Chair until the demand has 
  been disposed of. Manual Sec. 961.
      The Speaker's ruling on a question of order has been appealed in 
  the House in numerous instances, the Speaker generally being 
  sustained. 5 Hinds Sec. Sec. 5157, 5173, 5178, 5194, 5196, 5198, 5199. 
  Such an appeal is subject to the motion to table. Manual Sec. 629. 
  Also, the House may, by voting on a proper motion, dictate the 
  consequences of that ruling by imposing disciplinary action or by 
  allowing the Member to proceed in order.
      The Speaker, in ruling on the words objected to, weighs the 
  importance of freedom in debate against the need to maintain the order 
  and dignity of the House. 5 Hinds Sec. 5163. The Speaker considers the 
  meaning of the words as well as the context in which they were used. 
  Deschler-Brown Ch 29 Sec. 50.6. Pending his ruling, the Speaker may 
  recognize the Member who made the statement to ask unanimous consent 
  to withdraw or modify the words. Deschler-Brown Ch 29 Sec. Sec. 51.1, 
  51.2. He also may put questions to the offending Member about the 
  words and may consult dictionaries to de

[[Page 407]]

  termine the meaning of certain words or terms. Deschler-Brown Ch 29 
  Sec. Sec. 50.3, 50.4.


  Sec. 32 . -- Discipline; Post-Ruling Motions

                                 Generally

      Censure or other disciplinary action is a matter for the House and 
  not the Chair to decide. Manual Sec. 961. However, no House action is 
  in order until the Chair has ruled on the words objected to. Deschler-
  Brown Ch 29 Sec. 51.21. If the words used are ruled to be 
  unparliamentary, and if such words have not been withdrawn, the House 
  may entertain certain motions enabling it to dispose of the breach of 
  order.

                      Striking Words From the Record

      Under modern practice, words ruled out of order are normally 
  stricken from the Congressional Record by unanimous consent initiated 
  by the Chair. Manual Sec. 961. If there is an objection, a motion to 
  strike or expunge the words from the Record is in order. 8 Cannon 
  Sec. Sec. 2538, 2539; Manual Sec. 960. A motion to expunge is in order 
  even though the House by vote has authorized the Member to proceed. 
  Deschler-Brown Ch 29 Sec. 51.23. The motion, which is debatable within 
  narrow limits under the hour rule, is not in order until the Chair has 
  decided that the words are out of order. Manual Sec. 961; Deschler-
  Brown Ch 29 Sec. 51.21. The motion is not in order in the Committee of 
  the Whole. Manual Sec. 961.

                            Proceeding In Order

      After a Member's words have been ruled out of order, the Member 
  may be permitted to proceed in order on that same day either by 
  unanimous consent or by motion. Manual Sec. 961. It is the practice to 
  test the opinion of the House by a motion ``that the gentleman be 
  allowed to proceed in order.'' 5 Hinds Sec. Sec. 5188, 5189; 8 Cannon 
  Sec. 2534. This motion may be stated on the initiative of the Chair. 
  It is debatable within narrow limits of relevance under the hour rule, 
  and is subject to the motion to lay on the table. Manual Sec. 961. The 
  motion is privileged for consideration in the House. Deschler-Brown Ch 
  29 Sec. 51.22. A motion to strike the objectionable words also 
  generally precedes a proposition to permit a Member to proceed in 
  order. See, e.g., Deschler-Brown Ch 29 Sec. 52.7.
      If a Member is not granted permission to proceed on that same day, 
  the Member cannot speak even on yielded time and may not insert 
  unspoken remarks in the Congressional Record. Manual Sec. 961; 5 Hinds 
  Sec. Sec. 5147, 5196-5199. However, the Member may exercise his right 
  to vote or to demand the yeas and nays. 8 Cannon Sec. 2546. Whether 
  the Member is to be

[[Page 408]]

  allowed to proceed in order or is to be subjected to censure or other 
  disciplinary measure is for the House to determine. Manual Sec. 960.


        E. Critical References to the House, Committees, or Members


  Sec. 33 . In General; Criticism of the House

                                 Generally

      In early Congresses it was held not in order to ``cast 
  reflections'' on the House or its membership, present or past. 5 Hinds 
  Sec. Sec. 5132-5138. Today, in the interests of free and full debate 
  in conducting legislative deliberations, Members are permitted to 
  voice critical opinions of Congress, of the House, and of the 
  political parties. Deschler-Brown Ch 29 Sec. 53. Statements that are 
  critical of Congress or a portion of its membership will not be ruled 
  out of order for that reason alone. Thus, a statement in debate 
  claiming that the campaign expenses of Members were paid by certain 
  interest groups has been held to be in order. Deschler-Brown Ch 29 
  Sec. 53.1.
      However, such criticism is subject to the rules and settled 
  practices of the House that require courtesy and decorum in debate. 
  Jefferson's Manual states that no one is permitted to use ``indecent 
  language'' in referring to the proceedings of the House. Manual 
  Sec. 360. The language used must not be offensive in itself. 5 Hinds 
  Sec. 5135. The words must be stated in such a way as to avoid personal 
  criticism of an individual Member. Sec. 37, infra.

                              Ruled In Order

      Following are precedents in which criticism in debate was held 
  parliamentary or in order as not referring to any particular Member:

     A question whether it was a parliamentary inquiry to ask that 
         a bill be printed in ``words of one syllable so that [Members 
         of the opposing party] can understand it.'' Deschler-Brown Ch 
         29 Sec. 53.4.
     A statement that a Member was leading his party in a policy of 
         opportunism. Deschler-Brown Ch 29 Sec. 53.5.
     A statement referring to ``irresponsible actions by members of 
         the President's own party.'' Deschler-Brown Ch 29 Sec. 53.2.
     ``[Y]ou have your definition of consistency. My definition is 
         that consistency is a virtue of small minds.'' Deschler-Brown 
         Ch 29 Sec. 62.2.
     A reference to Members as having praised a foreign dictator in 
         prior debate. Deschler-Brown Ch 29 Sec. 60.10.
     Words characterizing unnamed Members as taking ``potshots'' 
         and as lacking judgment. Deschler-Brown Ch 29 Sec. 51.16.

[[Page 409]]

     A reference to the consideration of a bill under procedures 
         representing ``a classic example of duplicity.'' 100-2, Apr. 
         19, 1988, pp 7330, 7335-39.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     ``Talk not to me of vindicating your insulted dignity. . . . 
         You have no dignity to vindicate.'' 5 Hinds Sec. 5132.
     ``[T]he proceedings of the House had been such as not only to 
         degrade it as a body, but also to degrade the country.'' 5 
         Hinds Sec. 5133.
     A statement declaring the opinions and decisions of the House 
         ``damnable heresies.'' 5 Hinds Sec. 5135.
     A reference to ``[T]he right of the minority to stay 
         indefinitely the right of majority to legislate is as 
         disgraceful, as dishonorable. . . .'' 5 Hinds Sec. 5136.
     ``Drunken Members have reeled about the aisles--a disgrace to 
         the Republic. Drunken speakers have debated grave issues on the 
         floor. . . .'' 5 Hinds Sec. 5186.
     A statement alleging that the Republican Conference believed 
         that lynching was a ``proper means of justice.'' Deschler-Brown 
         Ch 29 Sec. 53.3.

      To show the distinction between words that are permissible and 
  language that may be ruled out, illustrations in this chapter are 
  drawn from debates from earlier as well as recent Congresses. However, 
  precedents from earlier eras must be evaluated in their historical and 
  cultural context; whether a word or expression is to be ruled out of 
  order depends on its current meaning and usage. See Sec. 38, infra.


  Sec. 34 . Criticism of Committees

      A Member in debate may express general criticism of the actions of 
  a committee, as by alleging an abuse of its powers. Deschler-Brown Ch 
  29 Sec. 54.1. Criticisms of committee procedure are also permitted. 
  Deschler-Brown Ch 29 Sec. 54.6. However, a Member may not in debate 
  impugn the personal motives of a committee or its members or make 
  unparliamentary claims of unlawful activity. Deschler-Brown Ch 29 
  Sec. Sec. 54.2, 54.3. Debate may not include critical 
  characterizations of members of the Committee on Standards of Official 
  Conduct who have investigated a Member's conduct. Manual Sec. 361.

[[Page 410]]

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A reference to the action of a committee as ``more or less 
         pusillanimous.'' Deschler-Brown Ch 29 Sec. 54.7.
     An editorial read by a Member charging a committee with 
         ``pigeon-holing'' certain legislation. Deschler-Brown Ch 29 
         Sec. 54.6.
     ``Did the gentleman's committee also find paid agents of 
         Hitler on the congressional payroll?'' Deschler-Brown Ch 29 
         Sec. 54.12.
     A reference to a committee investigation of ``the recent wave 
         of policy lynch murder in Mississippi.'' Deschler-Brown Ch 29 
         Sec. 54.9.
     A statement that a Member ``has been the victim of the 
         abusive, vicious, and irresponsible use of the power of a 
         congressional committee.'' Deschler-Brown Ch 29 Sec. 54.1.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A statement that certain fascist organizations exercised 
         extensive influence on a special House committee. Deschler-
         Brown Ch 29 Sec. 54.3.
     Language referring to ``lies and half-truths'' of a House 
         committee report. Deschler-Brown Ch 29 Sec. 54.4.
     ``I cannot respect the actions or even the sincerity of some 
         of the committee members.'' Deschler-Brown Ch 29 Sec. 54.5.
     A reference to the Committee on Un-American Activities as 
         ``the Un-American Committee.'' Deschler-Brown Ch 29 Sec. 54.11.


  Sec. 35 . Criticism of Speaker

      The prescription of rule XVII clause 1 that Members confine 
  themselves to the question under debate, ``avoiding personality,'' has 
  been applied to critical references to the Speaker's personal conduct. 
  Manual Sec. 362. It is not in order in debate to refer invidiously to 
  the Speaker. 8 Cannon Sec. 2531. It also is not in order to speak 
  disrespectfully of him. 2 Hinds Sec. 1248. For example, it has been 
  held out of order to assert that he is ``kowtowing'' to persons who 
  would desecrate the U.S. flag or to refer to him as a ``crybaby.'' 
  Manual Sec. 362. It is not in order in debate to refer in a personally 
  critical manner to his political tactics or to arraign his personal 
  conduct. Deschler-Brown Ch 29 Sec. 57. Any complaint as to the conduct 
  of the Speaker should be presented directly for the action of the 
  House and not by way of debate on other matters, such as the approval 
  of the Journal. Manual Sec. 362; 5 Hinds Sec. 5188. Personal 
  criticisms of the Speaker can be

[[Page 411]]

  challenged even after debate has intervened. 2 Hinds Sec. 1248; 
  Deschler-Brown Ch 29 Sec. 57.7.
      It is not in order in debate for a Member to charge that the 
  Speaker, while presiding, committed a dishonest act or that the 
  Speaker repudiated and ignored the rules of the House. Deschler-Brown 
  Ch 29 Sec. 57.2. In one instance, however, an assertion of a personal 
  belief that a sufficient number had been standing to demand a recorded 
  vote was held parliamentary as not necessarily charging the Chair with 
  disregard of the rules, in the context of those words alone. Deschler-
  Brown Ch 29 Sec. 57.4. It is not in order to refer to official conduct 
  of the Speaker that is either under investigation or has been resolved 
  by the Committee on Standards of Official Conduct or by the House. 
  Manual Sec. 362.
      If words impugning the Speaker are uttered, the Speaker may choose 
  not to rule on the words himself but to appoint a Member to occupy the 
  Chair and deliver a decision. Deschler-Brown Ch 29 Sec. 57.1.


  Sec. 36 . Criticism of Legislative Actions or Proposals

                                 Generally

      Although remarks in debate may not include personal attacks 
  against a Member or an identifiable group of Members, they may address 
  political motivations for legislative positions. Manual Sec. 363. 
  Statements in debate, although critical of House action or of the 
  legislation at issue, may be ruled in order if they do not improperly 
  reflect on the House or a particular Member. Deschler-Brown Ch 29 
  Sec. 58.4. Harsh words may be used to criticize a bill unless they 
  fail to ``avoid personality'' as mandated by rule XVII. Deschler-Brown 
  Ch 29 Sec. 58.1. For example, although it may be appropriate in debate 
  to characterize the effect of an amendment as deceptive or 
  hypocritical, to characterize the motivation of a Member in offering 
  an amendment with those terms is not in order. Deschler-Brown Ch 29 
  Sec. 58.12. A statement in debate that ``it is only demagoguery or 
  racism which impel such an amendment'' was held by the Speaker to be 
  unparliamentary as impugning the motives of the Member offering the 
  amendment. Deschler-Brown Ch 29 Sec. 58.6.

[[Page 412]]

                              Ruled In Order

      Criticisms of legislative actions or proposals or political 
  motivations that have been held in order in debate include:

     A statement that ``sinister influences'' were working in the 
         interest of certain unnamed Members opposing a bill. Deschler-
         Brown Ch 29 Sec. 58.9.
     A statement accusing unnamed colleagues who opposed a measure 
         of talking ``loosely and recklessly with the truth.'' Deschler-
         Brown Ch 29 Sec. 58.8.
     A statement accusing unnamed Members of attempting to ``cut 
         off debate'' on important legislation in order to attend an 
         engagement at a hotel. 78-2, Feb. 3, 1944, p 1216.
     A statement that all lawyers know ``that the adoption of this 
         language neither adds to nor takes from a single item of the 
         substance of this bill.'' Deschler-Brown Ch 29 Sec. 58.3.
     A reference accusing unnamed opponents of a proposal of 
         ``blind,'' ``slavish,'' and ``shameful'' opposition. Deschler-
         Brown Ch 29 Sec. 58.7.
     A reference to an amendment ``where I come from . . . the 
         people . . . do not like slippery, snide, and sharp 
         practices.'' Deschler-Brown Ch 29 Sec. 58.5.
     A statement referring to a tactic of ``withholding'' votes 
         until it could be determined whether they would be necessary on 
         the pending question. Deschler-Brown Ch 29 Sec. 58.10.
     A statement that a Member ``has already admitted his amendment 
         does not make sense, and he will take any alternative that is 
         offered.'' Deschler-Brown Ch 29 Sec. 58.4.


  Sec. 37 . Critical References to Members

      Jefferson stressed the importance of preserving ``order, decency 
  and regularity . . . in a dignified public body.'' Manual Sec. 285. 
  The House rules provide that a Member must confine himself to the 
  question under debate, ``avoiding personality.'' Rule XVII. The Chair 
  may interrupt a Member engaging in ``personalities'' with respect to a 
  fellow Member just as he would with respect to improper references to 
  the Senate or the President. However, under modern practice the Chair 
  normally awaits a point of order from the floor with respect to 
  references to other Members. Manual Sec. 961. The Chair may announce 
  his intention to take the initiative in calling Members to order 
  during debate on disciplinary resolutions. Manual Sec. 361.
      The Speaker will hold language unparliamentary where it improperly 
  reflects on another Member under rule XVII. Manual Sec. 361. A Member 
  may not in debate impugn the personal motives of another Member 
  (Sec. 39, infra), charge him with falsehood or deception (Sec. 40, 
  infra), or denigrate his intelligence (Sec. 41, infra). It also is not 
  in order in debate to refer in a personally

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  critical manner to the political tactics of a Member. Manual Sec. 361. 
  The truth of allegations involving unethical behavior of a Member is 
  not a defense to a point of order that the remarks are unparliamentary 
  as engaging in personalities explicitly or by innuendo. 104-1, Jan. 
  18, 1995, p 1444. On the other hand, it is recognized that free and 
  full debate is necessary in conducting legislative business, and a 
  Member is allowed considerable latitude in criticizing the position, 
  arguments, or contentions of another Member. Deschler-Brown Ch 29 
  Sec. 59.2; Sec. 36, supra.
      It is not in order during debate to refer to a particular Member 
  of the House in a derogatory fashion, even though that Member is not 
  named, and the Chair may intervene to prevent improper reference where 
  it is evident that a particular Member is being described. Manual 
  Sec. 361. In one instance, after a Member had expressed an absence of 
  ``good faith on the other side,'' he was granted unanimous consent to 
  withdraw any reference to any individual Member. 100-1, June 18, 1987, 
  pp 16761-63.
      Members should refrain from references in debate to the official 
  conduct of other Members where such conduct is not under consideration 
  in the House by way of a report of the Committee on Standards of 
  Official Conduct or as a question of the privileges of the House. 
  Manual Sec. 361.
      The rule requiring Members to avoid ``personality'' during debate 
  prohibits reference to newspaper accounts whose criticism of a sitting 
  Member would be unparliamentary if uttered on the floor as the 
  Member's own words. Manual Sec. 361.
      It is not unparliamentary to describe in debate the effect that a 
  Member's remarks may have, especially where that description includes 
  a disclaimer disavowing any intention to impugn a Member's motives. 
  Deschler-Brown Ch 29 Sec. 59.8.

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A statement that if a certain Member were to sponsor a measure 
         it would receive only one or two votes. Deschler-Brown Ch 29 
         Sec. 58.2.
     A reference to another Member's remarks as ``yapping.'' 
         Deschler-Brown Ch 29 Sec. 61.13.
     A statement accusing a Member of trying ``to becloud'' an 
         issue. Deschler-Brown Ch 29 Sec. 59.1.
     A reference in debate to another Member as not representing a 
         certain class of people in his State. Deschler-Brown Ch 29 
         Sec. 60.7.
     A reference to another Member's statement as ``intemperate.'' 
         Deschler-Brown Ch 29 Sec. 59.5.

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     A description of a Member's statement that ``this is an 
         example of the spurious reasoning that [an interest group] has 
         with regard to their opposition to this bill.'' Deschler-Brown 
         Ch 29 Sec. 43.2.
     A Member's statement that another Member's demand that words 
         be taken down during a special-order speech was ``an unfair 
         stealing of time.'' Deschler-Brown Ch 29 Sec. 59.10.
     A Member's assertion that ``even though that may not be the 
         intention, I think [certain statements] have the tendency to 
         try to assassinate the character of the person making the 
         statement rather than to effectively assassinate the 
         argument.'' Deschler-Brown Ch 29 Sec. 59.8.
     A Member's general reference that ``big donors'' receive 
         ``access to leadership power and decisions'' because it does 
         not identify a specific Member as receiving a contribution 
         specifically in exchange for votes or other legislative action. 
         Manual Sec. 361.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A reference to the remarks of another Member as ``malignant 
         shafts'' or as a ``base insinuation.'' 5 Hinds Sec. 5162.
     A reference to another Member as a ``snooper.'' Deschler-Brown 
         Ch 29 Sec. 61.11.
     ``The gentleman took the floor in his self-appointed role as 
         spokesman for the committee [and] referred to me in my absence 
         in a disgraceful and unparliamentary manner.'' Deschler-Brown 
         Ch 29 Sec. 59.3.
     Referring to another Member as a demagogue or as a ``president 
         of the Demagogue Club.'' Deschler-Brown Ch 29 Sec. Sec. 60.3, 
         60.4.
     ``[D]on't you start comparing anybody's record, because I have 
         got yours . . . with . . . the FBI.'' Deschler-Brown Ch 29 
         Sec. 60.24.
     A reference to another Member as a ``pinko.'' Deschler-Brown 
         Ch 29 Sec. 61.9.
     A reference to an identifiable group of sitting Members as the 
         perpetrators of a crime, such as ``stealing an election.'' 
         Deschler-Brown Ch 29 Sec. 60.22.
     A reference suggesting that another Member ``did not have the 
         nerve'' to make a statement on the floor. 104-2, July 25, 1996, 
         p 19170.


  Sec. 38 . -- Use of Colloquialisms; Sarcasm

      The Members are allowed considerable latitude in the use of 
  colloquialisms, euphemisms, figures of speech, and even sarcastic 
  comments in debate. A statement in debate that ``you are going to skin 
  us'' was held merely a colloquialism that did not reflect on any 
  Member and was held in order. Deschler-Brown Ch 29 Sec. 61.10. In 
  another instance, a Member used the word ``crime'' in referring to 
  another Member, but the Chair ruled the term

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  in order, finding that in the context of the debate, the term was 
  being used as a synonym for, or figure of, speech meaning ``wrong.'' 
  Deschler-Brown Ch 29 Sec. 59.2. A statement in debate ``[h]ere is the 
  answer, if the gentleman can understand English'' also was held in 
  order. Deschler-Brown Ch 29 Sec. 64.1.
      The use in debate of colloquial expressions, figures of speech, or 
  sarcasm is governed by their current meaning and by the context in 
  which they are uttered. 5 Hinds Sec. Sec. 5165, 5167. An 
  unparliamentary reference to another Member in debate is subject to a 
  point of order, even if it is veiled as a satiric compliment. 5 Hinds 
  Sec. 5168. The tone and mannerisms of a Member may be taken into 
  account by the Chair in determining whether the criticism voiced is 
  personally offensive to another Member. Deschler-Brown Ch 29 
  Sec. 60.21.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A reference to another Member ``whose name is synonomous [sic] 
         with falsehood . . . who is the apologist of thieves; who is 
         such a prodigy of vice and meannesses that to describe him 
         would sicken imagination and exhaust invective.'' 2 Hinds 
         Sec. 1251.
     ``[N]obody but a gambler or cutthroat would have thought of 
         tacking such a thing as that to such a bill as this.'' 2 Hinds 
         Sec. 1258.
     ``The devotion of the gentleman . . . to the truth is so 
         notorious that I shall not reply.'' 8 Cannon Sec. 2545.
     A reference to another Member as a ``stool pigeon.'' Deschler-
         Brown Ch 29 Sec. 61.12.
     References to a Member as having a ``hand like a ham,'' 
         grasping a microphone until it ``groaned from mad torture,'' 
         and striding the House floor ``like a wild man.'' Deschler-
         Brown Ch 29 Sec. 61.1.
     A reference to another Member's proceeding in a ``cheap, 
         sneaky, sly way.'' Deschler-Brown Ch 29 Sec. 61.2.


  Sec. 39 . -- Impugning Motives

      In the early practice of the House, the Speaker intervened in 
  debate to prevent even the mildest imputation on the motives of a 
  Member. 5 Hinds Sec. 5161. It is still the rule that Members may not 
  in debate impugn the personal motives of other named Members in the 
  performance of their legislative duties. Manual Sec. 363. An opinion 
  on the general motives of the House or a political party in adopting 
  or rejecting a proposition may be expressed. Sec. 36, supra. 
  References to political motivation for legislative actions may be in 
  order. Manual Sec. 363. However, an assertion that a Member's use of 
  the

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  legislative process is motivated by personal gain (5 Hinds Sec. 5149) 
  or by ``the prospect of a junketing trip'' (8 Cannon Sec. 2546) is not 
  in order. Merely to question the sincerity of a Member has been held 
  to impugn his motives. 5 Hinds Sec. 5148.
      Members should refrain from references in debate to the 
  motivations of Members who file complaints before the Committee on 
  Standards of Official Conduct. Manual Sec. 363.

                            Ruled Out of Order

     Charging another Member, in his capacity as custodian of 
         certain public money, with ``[m]aking a parade of his charity, 
         he has been gorging himself and speculating with this money.'' 
         5 Hinds Sec. 5152.
     Characterizing the motivation of a Member in offering an 
         amendment as deceptive and hypocritical. Manual Sec. 363.
     An observation that a Member stood in the well before an empty 
         House and challenged the Americanism of other Members, ``and it 
         is the lowest thing that I have ever seen in my 32 years in 
         Congress.'' Deschler-Brown Ch 29 Sec. 59.9.
     An observation that a Member was ``one of the most impolite I 
         have ever seen.'' Manual Sec. 361.
     Characterizing another Member as ``speaking out of both sides 
         of his mouth.'' Deschler-Brown Ch 29 Sec. 51.36.
     A reference to an identifiable group of sitting Members as the 
         perpetrators of a crime, such as ``