[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[Rules of the House of Representatives]
[Pages 335-1009]
[From the U.S. Government Printing Office, www.gpo.gov]


[[Page 335]]
 

    RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS



 
                               __________

                                 Rule I


Approval of the Journal
                              the speaker


621. Journal; Speaker's approval. 1. The Speaker shall take the Chair on every legislative day precisely at the hour to which the House last adjourned and immediately call the House to order. Having examined and approved the Journal of the last day's proceedings, the Speaker shall announce to the House approval thereof. The Speaker's approval of the Journal shall be deemed agreed to unless a Member, Delegate, or Resident Commissioner demands a vote thereon. If such a vote is decided in the affirmative, it shall not be subject to a motion to reconsider. If such a vote is decided in the negative, then one motion that the Journal be read shall be privileged, shall be decided without debate, and shall not be subject to a motion to reconsider.
[[Page 336]] This clause was adopted in 1789, amended in 1811, 1824 (II, 1310), 1971 (H. Res. 5, Jan. 22, 1971, pp. 140-44, with the implementation of the Legislative Reorganization Act of 1970, 84 Stat. 1140), and 1979 (H. Res. 5, Jan. 15, 1979, pp. 7, 16). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The hour of meeting is fixed by standing order, and was traditionally set at noon (I, 104-109, 116, 117; IV, 4325); but beginning in the 95th Congress, the House by standing order formalized the practice of varying its convening time to accommodate committee meetings on certain days of the week and to maximize time for floor action on other days (e.g., H. Res. 7, Jan. 4, 1977, p. 70). The House retains the right to vary from this schedule by use of the motion to fix the day and time to which the House shall adjourn as provided in clause 4 of rule XVI. The House may provide for a session of the House on a Sunday, traditionally a ``dies non'' under the precedents of the House (e.g., Dec. 17, 1982, p. 31946; Dec. 18, 1987, p. 36352; Oct. 10, 1998, p. 25483). Beginning in the second session of the 103d Congress, the House has by unanimous consent agreed to convene earlier on certain days for morning-hour debate and then recess to the hour established for convening under a previous order (see Sec. 951, infra). Immediately after the Members are called to order, the prayer is offered by the Chaplain (IV, 3056), and the Speaker declines to entertain a point of no quorum before prayer is offered (VI, 663; clause 7 of rule XX). Before the 96th Congress, clause 1 of rule I directed the Speaker to announce the approval of the Journal on the appearance of a quorum after having called the House to order. Under that form of the rule, a point of no quorum could be made after the prayer and before the approval of the Journal when the House convened, notwithstanding the provisions of former clause 6(e) of rule XV (now clause 7 of rule XX), allowing such points of order in the House only when the Speaker had put the pending motion or proposition to a vote (Oct. 3, 1977, p. 31987). Similarly, prior practice had permitted a point of no quorum before the reading of the Journal (IV, 2733; VI, 625) or during its reading (VI, 624). In the 96th Congress, the House eliminated the necessity for the appearance of a quorum before the Speaker's announcement of the approval of the Journal (H. Res. 5, Jan. 15, 1979, pp. 7, 16). If a quorum fails to respond on a motion incident to the approval, reading, or amendment of the Journal, and there is an objection to the vote, a call of the House under clause 6 of rule XX is automatic (Feb. 2, 1977, p. 3342). Pursuant to clause 8 of rule XX, the Speaker may postpone until a later time on the same legislative day a record vote on the Speaker's approval of the Journal. Where the House adjourns on consecutive days without having approved the Journal of the previous days' proceedings, the Speaker puts the question de novo in chronological order as the first order of business on the subsequent day (Nov. 3, 1987, p. 30592). [[Page 337]] The Journal of the last day of a session is not read on the first day of the next session (IV, 2742). No business is transacted before the approval of the Journal (or the postponement of a vote under clause 8 of rule XX on agreeing to the Speaker's approval), including consideration of a conference report (IV, 2751-2756; VI, 629, 630, 637). However, the motion to adjourn (IV, 2757; Speaker Wright, Nov. 2, 1987, p. 30387) and the swearing of a Member (I, 172) could take precedence. Once begun, the reading may not be interrupted, even by business so highly privileged as a conference report (V, 6443; clause 7(a) of rule XXII). However, a parliamentary inquiry (VI, 624), an arraignment of impeachment (VI, 469), or a question of privilege relating to a breach of privilege (such as an assault occurring during the reading) may interrupt its reading or approval (II, 1630). If the Speaker's approval of the Journal is rejected, a motion to amend takes precedence of a motion to approve (IV, 2760; VI, 633), and a Member offering an amendment is recognized under the hour rule (Mar. 19, 1990, p. 4488); but the motion is not admissible after the previous question is demanded on the motion to approve (IV, 2770; VI, 633; VIII, 2684; Sept. 13, 1965, p. 23600). The House by unanimous consent has permitted an untimely demand for a vote on approval of the Journal (Mar. 18, 2013, p. _). Preservation of order <> 2. The Speaker shall preserve order and decorum and, in case of disturbance or disorderly conduct in the galleries or in the lobby, may cause the same to be cleared. Before the 92d Congress, the reading of the Journal was mandatory and could not be dispensed with except by unanimous consent (VI, 625; Sept. 19, 1962, p. 19941) or by motion to suspend the rules (IV, 2747-2750). It had to be read in full when demanded by any Member (IV, 2739-2741; VI, 627, 628; Feb. 22, 1950, p. 2152), but the demand came too late after the Journal was approved (VI, 626). The Speaker's examination and approval of the Journal was preliminary to the reading and did not preclude subsequent amendment by the House itself (IV, 2734-2738). Under the rule as in effect from the 92d Congress through the 95th Congress, any Member could offer a privileged, nondebatable motion that the Journal be read pending the Speaker's announcement of approval and before agreement by the House (Apr. 23, 1975, p. 11482). This clause was adopted in 1789 and amended in 1794 (II, 1343). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 338]] burn, Mar. 1, 1943, p. 1487 (air-raid drill)). A former Member must observe the rules of decorum while on the floor, and the Speaker may request the Sergeant-at-Arms to assist in maintaining such decorum (Sept. 17, 1997, pp. 19026, 19027). The Chair announced that failure to heed the gavel constitutes an act of stark incivility (July 28, 2009, p. 19565). The Speaker may name a Member who is disorderly, but may not, of the Speaker's own authority, censure or punish the Member (II, 1344, 1345; VI, 237). In cases of extreme disorder in the Committee of the Whole the Speaker has taken the chair and restored order without a formal rising of the Committee (II, 1348, 1648-1653, 1657). Before the establishment of recess authority in clause 12(b), the Speaker, as an exercise of authority under this clause, has on initiative declared the House in recess in an emergency (Speaker Martin, Mar. 1, 1954, p. 2424; see also Speaker Ray The authority to have the galleries cleared has been exercised but rarely (II, 1352; Speaker Albert, Jan. 18, 1972, p. 9). On one occasion, acting on the basis of police reports and other evidence, the Speaker ordered the galleries cleared before the House convened (May 10, 1972, p. 16576) and then informed the House of his decision. In an early instance the Speaker ordered the arrest of a person in the gallery; but this exercise of power was questioned (II, 1605). In response to a disruptive demonstration in the gallery, the Chair notes for the Record the disruptive character of the demonstration and enlists the Sergeant- at-Arms to remove the offending parties (see, e.g., Oct. 8, 2002, p. 19543; Apr. 29, 2010, p. _). After repeated disturbances in the gallery, the chair of the Committee of the Whole warned occupants of the gallery of possible prosecution (under 40 U.S.C. 5104) (Apr. 15, 2011, p. _). Occupants of the gallery are not to manifest approval or disapproval of, or otherwise disrupt, proceedings on the floor (see, e.g., Speaker Foley, June 12, 1990, p. 13593) and the Speaker may quell such demonstrations before the adoption of the rules (Speaker Gingrich, Jan. 4, 1995, p. 454). [[Page 339]] chair of the Committee of the Whole reinforced the Chair's authority to control the use of exhibits in debate, distinguishing between the constitutional authority of the House to make its own rules and first amendment rights of free speech, and the use of all exhibits was prohibited during the consideration of a bill in the Committee of the Whole (Oct. 11, 1990, p. 28650). The Speaker may permit the display of an exhibit in the Speaker's lobby during debate on a measure (May 20, 1999, p. 10280). Just as an appeal may be entertained on a decision from the Chair that a Member has engaged in personalities in debate (Sept. 28, 1996, pp. 25780-82; see also clause 4 of rule XVII), so also may an appeal be entertained on a ruling of the Chair on the propriety of an exhibit (Nov. 16, 1995, p. 33395). Although Members are permitted to use exhibits such as charts during debate (subject to clause 6 of rule XVII), the Speaker may direct the removal of a chart from the well of the House that is not being utilized during debate (Apr. 1, 1982, p. 6304; Apr. 19, 1990, p. 7402). The Speaker's responsibility to preserve decorum requires the disallowance of exhibits in debate that would be demeaning to the House, or to any Member of the House, or that would be disruptive of the decorum thereof (Sept. 13, 1989, p. 20362; Oct. 16, 1990, p. 29647; Oct. 1, 1991, p. 24828; Nov. 16, 1995, p. 33395; Jan. 3, 1996, p. 42). The Speaker has disallowed the use of a person on the floor as a guest of the House as an ``exhibit,'' including a Member's child (see Sec. 678, infra). The Chair also has cautioned Members to refrain from using audio devices during debate (May 24, 2005, p. 11008). Although a Member may enlist the assistance of a page to manage the placement of an exhibit on an easel, it is not appropriate to refer to the page or to use the page as though part of the exhibit (June 11, 2003, p. 14417; Speaker Hastert, June 12, 2003, p. 14576). The Chair will distinguish between using an exhibit in the immediate area the Member is addressing the House as a visual aid for the edification of Members and staging an exhibition; for example, a Member having a large number of his colleagues accompany him in the well, each carrying a part of his exhibit, was held to impair the decorum of the House (June 12, 2003, p. 14627). The Speaker may inquire concerning a Member's intentions, as to the use of exhibits, before conferring recognition to address the House (Mar. 21, 1984, p. 6187). In the 101st Congress both the Speaker and the At the request of the Committee on Standards of Official Conduct (now Ethics), the Speaker announced that (1) all handouts distributed on or adjacent to the floor must bear the name of a Member authorizing the distribution; (2) the content of such handouts must comport with the standards applicable to words used in debate; (3) failure to comply with these standards may constitute a breach of decorum and thus give rise to a question of privilege; (4) staff are prohibited in the Chamber or rooms leading thereto from distributing handouts and from attempting to influence Members with regard to legislation; and (5) Members should minimize the use of handouts to enhance the quality of debate (Sept. 27, 1995, p. 26567; Mar. 20, 1996, p. 5644; Mar. 4, 1998, p. 2523; Mar. 21, 2010, p. _). Questions having been raised concerning proper attire for Members in the Chamber (thermostat controls having been raised to comply with a Presidential directive conserving energy in the summer months), the Speaker announced he considered traditional attire for Members appropriate, including coats and ties for male Members and appropriate attire for female Members, but that he would recognize for a question of the privileges of the House to relax such standards. The Speaker also requested a Member in violation of those standards to remove himself from the Chamber and appear in appropriate attire, and refused to recognize such Member until he did so (Speaker O'Neill, July 17, 1979, p. 19008; see also Mar. 28, 2012, p. _). The House later agreed to a resolution (presented as a question of the privileges of the House) requiring Members to wear proper attire as determined by the Speaker (July 17, 1979, p. 19072). See also Sec. 962, infra. [[Page 340]] removed from the well and by directing the Sergeant-at-Arms to present the mace as the traditional symbol of order (Jan. 3, 1991, p. 58). A Member's comportment may constitute a breach of decorum even though the content of that Member's speech is not, itself, unparliamentary (July 29, 1994, p. 18609). Under this standard the Chair may deny further recognition to a Member engaged in unparliamentary debate who ignores repeated admonitions by the Chair to proceed in order (unless the Member is permitted to proceed by order of the House) (Sept. 18, 1996, p. 23535). The Chair announced that time consumed while obtaining order would not be charged to the Member under recognition (Mar. 21, 2010, p. _; Apr. 18, 2012, p. _). Control of Capitol facilities Recognition is within the discretion of the Chair, and in order to uphold order and decorum in the House as required under clause 2 of rule I, the Speaker may deny a Member recognition for a ``one-minute speech'' (Aug. 27, 1980, p. 23456). Furthermore, it is a breach of decorum for a Member to continue to speak beyond the time for which recognized (Mar. 22, 1996, p. 6086; May 22, 2003, p. 12965; Oct. 2, 2003, pp. 23949, 23950), and the Speaker may deny further recognition to such Member (Mar. 16, 1988, p. 4081; Mar. 29, 2012, p. _), from which there is no appeal (see Sec. 629, infra). Even before adoption of the rules, the Speaker may maintain decorum by directing a Member engaging in such breach of decorum to be
623. Speaker's control of the Hall, corridors, and rooms. 3. Except as otherwise provided by rule or law, the Speaker shall have general control of the Hall of the House, the corridors and passages in the part of the Capitol assigned to the use of the House, and the disposal of unappropriated rooms in that part of the Capitol.
This clause was adopted in 1811 and amended in 1824, 1885 (II, 1354), and 1911 (VI, 261). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 341]] Signature of documents Control of the appropriated rooms in the House portion of the Capitol is exercised by the House itself (V, 7273-7279), but repairs and alterations have been authorized by statute (V, 7280-7281; 59 Stat. 472). On January 15, 1979, the Speaker announced his directive concerning free access by Members in the corridors approaching the Chamber (p. 19). The Speaker has declined to recognize for a unanimous- consent request to change the decor in the Chamber, stating that he would take the suggestion under advisement in exercising his authority under this clause (Mar. 2, 1989, p. 3220). The Speaker has announced that a joint Republican Conference and Democratic Caucus meeting would be held in the Chamber following the adjournment of the House on that day (July 27, 1998, p. 17466). The Speaker has announced standards for use of the Chamber when the House is not in session (Speaker Pelosi, Jan. 6, 2009, p. 25; Speaker Boehner, Jan. 5, 2011, p. _; Speaker Boehner, Jan. 3, 2013, p. _).
624. Speaker's signature to acts, warrants, subpoenas, etc. 4. The Speaker shall sign all acts and joint resolutions passed by the two Houses and all writs, warrants, and subpoenas of, or issued by order of, the House. The Speaker may sign enrolled bills and joint resolutions whether or not the House is in session.
The Speaker was given authority to sign acts, warrants, subpoenas, etc., in 1794 (II, 1313). The last sentence of this clause, granting the Speaker standing authority to sign enrolled bills, even if the House is not in session, was added in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113). Before the House recodified its rules in the 106th Congress, clauses 4 and 5 occupied a single clause (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 625. Signing of enrolled bills. Enrolled bills are signed first by the Speaker (IV, 3429) or a Speaker pro tempore under clause 8 of rule I. For precedents relevant to the signing of enrolled bills before this clause was amended to permit the Speaker to sign at any time, see IV, 3458, and V, 5705. Before the adoption of clause 2(d)(2) of rule II (enabling the Clerk to examine enrolled bills), the House authorized the Speaker to sign an enrolled bill before the Committee on Enrolled Bills could attest to its accuracy (IV, 3452). In cases of error the House has permitted the Speaker's signature to be vacated (IV, 3453, 3455-3457; VII, 1077-1080; Mar. 11, 1986, p. 4240; Dec. 19, 2012, p. _).
[[Page 342]] Questions of order
Sec. 626. Signing of warrants, subpoenas, etc. Warrants, subpoenas, etc., during recesses of Congress are signed only by authority specially given (III, 1753, 1763, 1806). The issuing of warrants must be specially authorized by the House (I, 287) or pursuant to a standing rule (clause 6 of rule XX; Sec. 1026, infra). Instance wherein the House authorized the Speaker to warrant for the arrest of absentees (VI, 638). The Speaker also signs the articles, replications, etc., in impeachments (III, 2370, 2455; e.g., H. Res. 611, Dec. 19, 1998, p. 28112); and certifies cases of contumacious witnesses for action by the courts (III, 1691, 1769; VI, 385; 2 U.S.C. 194). A subpoena validly issued under clause 2(m) of rule XI need only be signed by the chair of that committee, whereas when the House issues an order or warrant, the summons is issued under the hand and seal of the Speaker, and it must be attested by the Clerk (III, 1668; see H. Rept. 96-1078, p. 22).
627. Questions of order. 5. The Speaker shall decide all questions of order, subject to appeal by a Member, Delegate, or Resident Commissioner. On such an appeal a Member, Delegate, or Resident Commissioner may not speak more than once without permission of the House.
This rule was adopted in 1789 and amended in 1811. Before the House recodified its rules in the 106th Congress, clauses 4 and 5 occupied a single clause (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 628. Practice governing the Speaker in deciding points of order. The Speaker may require that a question of order be presented in writing (V, 6865). When enough of a proposition has been read to show that it is out of order, the question of order may be raised without waiting for the reading to be completed (V, 6886, 6887; VIII, 2912, 3378, 3437; July 9, 2009, pp. 17309-11), though the Chair may decline to rule until the entire proposition has been read (Dec. 14, 1973, pp. 41716-18). For example, the Chair declined to entertain a point of order that a motion to recommit was not germane before any nongermane portion of the motion had been read (May 9, 2003, p. 11110); and a motion to recommit with instructions was ruled out of order before the entire motion had been read as a matter of form where a special order of business precluded instructions (May 6, 2004, pp. 8590, 8591). A point of order may be withdrawn as a matter of right before action thereon (e.g., June 24, 2008, p. 13500). Present insistence on a point of order takes precedence over reservation (Nov. 19, 2009, p. _). A point of order against consideration of a measure must be raised (or reserved) before commencement of debate on the measure (e.g., Feb. 15, 1995, p. 5012; June 1, 2011, p. _) and a timely reservation of a point of order by one Member inures to the benefit of any other Member who desires to raise a point of order (V, 6906; July 18, 1990, p. 17930). Questions arising during a division are decided peremptorily (V, 5926), and when they arise out of any other question must be decided before that question (V, 6864). In rare instances the Speaker has declined to rule until taking time for examination of the question (III, 2725; VI, 432; VII, 2106; VIII, 2174, 2396, 3475; Mar. 24, 2010, p. _).
[[Page 343]] similar propositions permitted to remain in the pending bill by waivers of points of order (e.g., July 18, 1995, p. 19335; June 22, 2000, p. 12078). Members must address the Chair and cannot engage in colloquies on the point of order (e.g., Sept. 18, 1986, p. 24083; May 19, 2005, p. 10337), nor can they offer pro forma amendments to debate the point of order (July 21, 1998, p. 16369; June 27, 2007, pp. 17715, 17716) or the underlying proposition (Feb. 16, 2011, p. _). To ensure that the arguments recorded on a question of order are those actually heard by the Chair before ruling, the Chair will not entertain a unanimous- consent request to permit a Member to revise and extend remarks on a point of order (Sept. 22, 1976, p. 31873; May 15, 1997, pp. 8493, 8494; July 24, 1998, p. 17278; June 12, 2008, pp. 12318, 12319). However, the Committee of the Whole by unanimous consent has allowed a Member to revise and extend his remarks to follow the ruling on a point of order (July 13, 2000, p. 14095). A Member may raise multiple points of order simultaneously, and the Chair may hear argument and rule on each question individually (Mar. 28, 1996, pp. 6931, 6933); or the Chair may choose to rule on only one of the points of order raised (July 24, 1998, p. 17278). If a Member incorrectly demands the ``regular order,'' rather than making a point of order to assert that remarks are not confined to the question under debate, the Chair may treat the demand as a point of order and rule thereon (May 1, 1996, p. 9889). Debate on a point of order, being for the Chair's information, is within the Chair's discretion (see, e.g., V, 6919, 6920; VIII, 3446- 3448; Deschler-Brown, ch. 29, Sec. 67.3; Jan. 24, 1996, p. 1248; Sept. 12, 1996, p. 22901; Oct. 10, 1998, p. 25420) and is solely to edify the judgment of the Chair, who may decline to hear more when prepared to rule (Mar. 3, 2011, p. _). Debate is confined to the question of order and may not extend to the merits of the proposition against which it lies or to parliamentarily The Chair is constrained to give precedent its proper influence (II, 1317; VI, 248). Although the Chair will normally not disregard a decision of the Chair previously made on the same facts (IV, 4045), such precedents may be examined and reversed if shown to be erroneous (IV, 4637; VI, 639; VII, 849; VIII, 2794, 3435; Sept. 12, 1986, p. 23178). The authoritative source for proper interpretation of a rule is a statement made directly from the Chair and not a comment made by the Speaker in another context (May 25, 1995, p. 14437; Sept. 19, 1995, p. 25454). Preserving the authority and binding force of parliamentary law is as much the duty of each Member of the House as it is the duty of the Chair (VII, 1479). The Speaker's decisions are recorded in the Journal (IV, 2840, 2841), but responses to parliamentary inquiries are not so recorded (IV, 2842). The Chair does not decide on the legislative or legal effect of propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; VIII, 2280, 2841; Mar. 16, 1983, p. 5669; May 13, 1998, p. 9129), on the consistency of proposed action with other acts of the House (II, 1327-1336; VII, 2112, 2136; VIII, 3237, 3458), whether Members have abused leave to print (V, 6998-7000; VIII, 3475), or on the propriety or expediency of a proposed course of action (II, 1275, 1325, 1326, 1337; IV, 3091-3093, 3127). [[Page 344]] 1947, pp. 9522, 9551; May 13, 1948, p. 5817; Oct. 10, 1998, p. 25424); (3) the constitutional rights of Members (VIII, 3071). Also, the Chair does not rule on: (1) the constitutional power of the House (II, 1490; IV, 3507), such as the constitutional authority of the House to propose a rule of the House, such matter appropriately being decided by way of the question of consideration or disposition of the proposal (Jan. 4, 2005, pp. 44-46); (2) the constitutional competency of proposed legislation (II, 1255, 1318-1322, VI, 250, 251; VIII, 2225, 3031, 3427; July 21, [[Page 345]] The Chair is not required to decide a question not directly presented by the proceedings (II, 1314). Furthermore, it is not the duty of the Chair to decide a hypothetical question (VI, 249, 253; Nov. 20, 1989, p. 30225), including: (1) the germaneness of an amendment not yet offered (Dec. 12, 1985, p. 36167; May 5, 1988, p. 9936; May 18, 1988, p. 11404; Mar. 22, 2000, p. 3283) or previously offered and entertained without a point of order (June 6, 1990, p. 13194); (2) the admissibility under existing Budget Act allocations of an amendment not yet offered, particularly if the Chair's response might depend on the disposition of a prior amendment on which proceedings had been postponed (June 27, 1994, p. 14593; June 12, 2000, p. 10377); (3) the admissibility under clause 2 of rule XXI of an amendment already pending (July 29, 1998, p. 17963), against which all points of order had been waived (July 27, 1995, p. 20800); (4) the admissibility of an amendment at a future date, pending a ruling of the Chair on its immediate admissibility (June 25, 1997, p. 12488). The Chair will not declare judgment on the propriety of words taken down before they are read to the House (Sept. 21, 2001, p. 17613). The Chair does not take cognizance of complaints relating to pairs (VIII, 3087). The Chair passes on the validity of conference reports (V, 6409, 6410, 6414-6416; VIII, 3256, 3264), but not on the sufficiency of the accompanying statements as distinguished from the form (V, 6511-6513), or on the question of whether a conference report violates instructions of the House (V, 6395; VIII, 3246). As to reports of committees, the Chair does not decide as to their sufficiency (II, 1339; IV, 4653) or whether the committee has followed instructions (II, 1338; IV, 4404, 4689); or on matters arising in the Committee of the Whole (V, 6927, 6928, 6932-6937; Dec. 12, 1985, p. 36173); but has decided as to the validity of the authorization of a report (IV, 4592, 4593) and has indicated that a point of order could be raised at a proper time where the content of a filed report varies from that approved by the committee (May 16, 1989, p. 9356). An objection to the use of an exhibit under clause 6 of rule XVII (formerly rule XXX) is not a point of order on which the Chair must rule (July 31, 1996, pp. 20694, 20700). Before the rule was rewritten in the 107th Congress, it required that the Chair put the question whether the exhibit may be used. It now merely permits the Chair to put such question (sec. 2(o), H. Res. 5, Jan. 3, 2001, p. 25). A complaint that certain remarks that might be uttered in debate would improperly disclose executive-session material of a committee is not cognizable as a point of order in the House if the Chair is not aware of the executive-session status of the information (Nov. 5, 1997, p. 24648). The assertion that a Member may be inconvenienced by the legislative schedule announced by the Leadership does not give rise to a point of order that the Member cannot attend both to House and constituent duties at the same time (Nov. 10, 1999, p. 29537). Under long practice, precedents and applicable guidelines allowed the Chair to refine a ruling on a point of order in the Record in order to clarify the ruling without changing its substance, including one sustained by the House on appeal (Feb. 19, 1992, p. 2461; see H. Res. 230, 99th Cong., July 31, 1985, p. 21783; and H. Rept. 99-228 (in accordance with existing accepted practices, the Chair may make such technical or parliamentary corrections or insertions in transcript as may be necessary to conform to rule, custom, or precedent); see also H. Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of House Administration task force on Record inserted by Speaker Foley, Oct. 27, 1990, p. 37124). The Chair ruled that the requirement of former clause 9 of rule XIV (now clause 8 of rule XVII) that the Record be a substantially verbatim account of remarks made during House proceedings, extended to statements and rulings of the Chair (Speaker Gingrich, Jan. 20, 1995, p. 1866). In interpreting the language of a special order adopted by the House, the Chair will not look behind the unambiguous language of the resolution itself (June 18, 1986, p. 14267). Questions concerning informal guidelines of the Committee on Rules for advance submission of amendments for possible inclusion under a ``modified closed'' rule may not be raised under the guise of parliamentary inquiry (May 5, 1988, p. 9938). Because the Chair refrains from issuing advisory opinions on hypothetical or anticipatory questions of order, the Chair will not interpret a special order before it is adopted by the House (Oct. 14, 1986, p. 30862; July 27, 1993, p. 17116; July 27, 1995, p. 20741; Jan. 5, 1996, p. 366; Mar. 28, 1996, p. 7064; June 28, 2000, p. 12649; Mar. 8, 2001, p. 3229; May 22, 2002, p. 8681; Oct. 17, 2003, pp. 25031, 25032). Thus, the Chair has declined to identify provisions in a bill as ostensible objects of a waiver in the pending resolution providing a special order for that bill (Oct. 19, 1995, pp. 28503, 28504; Oct. 26, 1995, p. 29477; Mar. 28, 1996, p. 7064); to determine whether a bill, for which the pending resolution provides a special order waiving any requirement for a three-fifths vote on passage, actually ``carries'' a Federal income tax rate increase under clause 5 of rule XXI (Oct. 26, 1995, p. 29477); or to opine whether an amendment might be in order in the Committee of the Whole (May 22, 2002, p. 8681; Oct. 17, 2003, pp. 25031, 25032), including one required to be printed in the Congressional Record where the Record had not yet been printed (Jan. 26, 2011, _). The Chair will not compare the text made in order by a pending special order as original text for further amendment with the text reported by the committee of jurisdiction (Oct. 19, 1995, p. 28503). Similarly, the Chair will not issue an advisory opinion on how debate on a pending resolution will bear on the Chair's ultimate interpretation of the resolution as an order of the House (Sept. 18, 1997, p. 19343). [[Page 346]] as to questions of privilege the Speaker usually, in later practice, makes a preliminary decision instead of submitting the question directly to the House (III, 2648, 2649, 2650, 2654, 2678; Speaker Wright, Mar. 11, 1987, p. 5404). The Speaker rarely submits a question directly to the House for its decision (IV, 3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker Longworth, Apr. 8, 1926, p. 7148; Dec. 19, 1998, p. 28107), and rarely takes initiative to raise and submit a question (II, 1277, 1315, 1316; VIII, 3405). Even
Sec. 628a. Practice governing the Speaker in entertaining parliamentary inquiries. Recognition for parliamentary inquiry lies in the discretion of the Chair (VI, 541; Apr. 7, 1992, p. 8273; Nov. 7, 2009, p. _). As such, the Chair may recognize for a demand for the yeas and nays rather than entertain a parliamentary inquiry (Aug. 4, 2007, p. 23233). The Speaker may recognize and respond to a parliamentary inquiry although the previous question may have been demanded (Mar. 27, 1926, p. 6469). Although the Chair has discretion to recognize Members for parliamentary inquiries when no other Member is occupying the floor for debate, a parliamentary inquiry may not be raised unless the Member having the floor yields for that purpose (Oct. 1, 1986, p. 27465; July 13, 1989, p. 14633) and the yielding Member is charged time consumed thereby (Nov. 7, 2009, p. _). A Member under recognition for a parliamentary inquiry may not yield to another Member (Nov. 22, 2002, p. 23510) and may not engage in debate (June 24, 2011, p. _).
The Speaker may take a parliamentary inquiry under advisement, especially if not related to the pending proceedings (VIII, 2174; Apr. 7, 1992, p. 8273). The Chair responds to parliamentary inquiries relating in a practical sense to the pending proceedings but does not respond to requests to place them in historical context (June 25, 1992, p. 16174; Jan. 3, 1996, pp. 36-41; Nov. 5, 1997, p. 24653; Sept. 9, 2003, pp. 21557, 21558). The Chair announced parameters for a proper parliamentary inquiry (Mar. 21, 2010, p _) and announced his intention to refuse further recognition on a particular line of improper inquiry (Mar. 21, 2010, p. _). The Speaker may entertain a parliamentary inquiry during a record vote if it relates to the vote (Oct. 9, 1997, p. 22017; Oct. 6, 1999, p. 24199; Sept. 9, 2003, pp. 21557, 21558; Mar. 30, 2004, pp. 5577, 5578). However, the Speaker will not (1) respond to a request to place the length of a record vote in historical context (Sept. 9, 2003, p. 21558), (2) explain the exercise of discretion to hold a vote open beyond the minimum time prescribed under clause 2 of rule XX (Mar. 30, 2004, pp. 5577, 5578; Mar. 21, 2010, p. _), or (3) state the vote tally as it stood upon expiration of the minimum time (May 8, 2008, p. 8147). [[Page 347]] debate were confined to the question under consideration (as required by clause 1 of rule XVII) (May 27, 2010, p. _); (5) reexamine and explain the validity of a prior ruling (Oct. 26, 1995, p. 29477; June 8, 2005, pp. 11945, 11946; May 15, 2008, p. 9229); (6) anticipate the precedential effect of a ruling (Oct. 10, 1998, p. 25424); (7) judge the accuracy of the content of an exhibit (Nov. 10, 1995, p. 32142); (8) indicate which side of the aisle has failed under the Speaker's guidelines to clear a unanimous-consent request (Feb. 1, 1996, p. 2260; Nov. 22, 2002, p. 23510); (9) respond to political commentary (June 25, 1998, p. 13978; Apr. 4, 2001, p. 5417; Oct. 8, 2004, p. 22634); (10) comment on the effect of time consumed on a pending amendment as a tactic to prevent the offering of other amendments under a special order adopted by the House (May 10, 2000, p. 7508); (11) anticipate whether bill language would trigger certain executive actions (Sept. 20, 1989, p. 20969); (12) interpret a pending proposition (May 13, 1998, p. 9129; July 9, 2009, p. 17233; Mar. 20, 2010, p. _) (although the Chair may explain the application of the procedural status quo to a pending proposal to change that status quo by way of an amendment to the standing rules (Feb. 1, 2006, p. 541)); (13) judge the appropriateness of Senate action (Apr. 10, 2003, p. 9279); (14) characterize proceedings of a committee (June 15, 2006, p. 11409) or speculate as to hypothetical committee action (Feb. 6, 2012, p. _) or the operation of committee rules (July 27, 2007, p. 21124; Oct. 10, 2007, p. 26993), although the Chair has confirmed that the adoption of a motion to recommit with instructions to report ``promptly'' does not necessarily suspend the operation of any rule of the House (Feb. 27, 2008, p. 2640) or of a committee (Nov. 15, 2007, p. 31789); (15) speculate whether Members- elect are entitled to compensation prior to taking the oath of office (Jan. 7, 2011, p. _); (16) identify the number or party membership of cosponsors of a measure (July 13, 2011, p. _); (17) address the legislative schedule (Sept. 28, 2012, p. _). A proper parliamentary inquiry relates to an interpretation of a House rule, not of a statute or of the Constitution (Oct. 10, 1998, p. 25424; July 18, 2006, p. 14784). The Chair will not respond to a parliamentary inquiry to: (1) judge the propriety of words spoken in debate pending a demand that those words be taken down as unparliamentary (June 8, 1995, p. 15267; July 16, 2009, p. 18146; Feb. 11, 2011, p. _); (2) judge the propriety of words uttered earlier in debate (June 15, 2000, p. 11106; July 18, 2007, p. 19560); (3) judge the veracity of remarks in debate (June 5, 1996, p. 13195; June 17, 2004, p. 12886); (4) decide whether certain remarks in The Chair may clarify a prior response to a parliamentary inquiry (July 31, 1996, p. 20700; Mar. 21, 2010, p. _).
Sec. 629. Practice, governing appeals. The right of appeal insures the House against the arbitrary control of the Speaker and cannot be taken away from the House (V, 6002). Although a decision of the Chair on a point of order is subject to appeal on demand of any Member, a Member cannot secure a recorded vote on a point of order absent an appeal and the Chair's putting the question thereon (June 20, 1996, p. 14847).
[[Page 348]] yeas and nays (Sept. 12, 1978, p. 28950), or to object to a request under the former rule that required a committee have permission to sit during floor proceedings under the five-minute rule (Sept. 12, 1978, p. 28984); (6) count of a quorum (July 24, 1974, p. 25012); (7) call of a voice vote (Aug. 10, 1994, p. 20766); (8) refusal to recapitulate a vote (VIII, 3128); (9) refusal under clause 7 of rule XX (formerly clause 6(e) of rule XV) to entertain a point of no quorum when a pending question has not been put to a vote (Sept. 16, 1977, p. 29594); (10) determination that a Member's time in debate has expired (Mar. 22, 1996, p. 6086); (11) announcement of the whole number of the House upon the death, resignation, expulsion, disqualification, or removal of a Member (clause 5(d) of rule XX); (12) announcement of the content of a catastrophic quorum failure report under clause 5(c) of rule XX (Sec. 1024a, infra). Although an announcement by the Chair that an objection to a unanimous-consent request has been heard is not subject to appeal, the Chair's ruling on the timeliness of the objection is subject to appeal (Apr. 14, 2005, pp. 6393, 6394). Although the timeliness of the Chair's recognition of a Member to offer a motion to table an appeal is not subject to appeal (June 22, 2006, p. 12299), the Chair's ruling on timeliness of a Member's demand that words be taken down is subject to appeal (Jan. 22, 2007, p. 1899). An appeal may not be entertained from the following: (1) response to a parliamentary inquiry (V, 6955; VIII, 3457); (2) decision on recognition (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762; July 23, 1993, p. 16820; Apr. 4, 1995, p. 10298; June 17, 1999, p. 13465; June 22, 2006, p. 12299; July 9, 2009, p. 17233); (3) decision on dilatoriness of motions (V, 5731); (4) question on which an appeal has just been decided (IV, 3036; V, 6877); (5) count of the number rising to demand tellers (VIII, 3105), to demand a recorded vote (June 24, 1976, p. 20390; June 14, 2000, p. 10841) or the An appeal also may not be entertained: (1) while another is pending (V, 6939-6941); (2) between the motion to adjourn and vote thereon (V, 5361); (3) during a call of the yeas and nays (V, 6051); (4) when dilatory (V, 5715-5722; VIII, 2822). An appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455; June 24, 2003, pp. 15854-56); unless laid on the table (V, 5301; Mar. 16, 1988, p. 4086), or the previous question is ordered (V, 5448, 5449). An appeal from a decision relating to the priority of business (V, 6952), or relevancy of debate (V, 5056-5063) is not debatable. Debate in the House is under the hour rule (V, 4978), but may be closed at any time by the adoption of a motion for the previous question (V, 6947); or to lay on the table (VIII, 3453). Debate on an appeal in the Committee of the Whole is under the five-minute rule (VII, 1608; VIII, 2347, 2556a, 3454, 3455; June 24, 2003, pp. 15854-56), and may be closed by motion to close debate or to rise and report (V, 6947, 6950; VIII, 3453). An appeal of a ruling of the Chair may be withdrawn in the Committee of the Whole as a matter of right (June 8, 2000, p. 9954). An appeal may be withdrawn at any time before action by the House thereon (as where the Chair has not even stated the question on appeal) (May 6, 2004, pp. 8590, 8591). [[Page 349]] Form of a question The House has postponed, along with the underlying matter, an appeal from a decision of the Chair thereon (VIII, 2613). The Speaker may vote to sustain the Speaker's own decision (IV, 4569; V, 5686, 6956, 6957).
630. Putting of the question by the Speaker. 6. The Speaker shall rise to put a question but may state it sitting. The Speaker shall put a question in this form: ``Those in favor (of the question), say `Aye.' ''; and after the affirmative voice is expressed, ``Those opposed, say `No.' ''. After a vote by voice under this clause, the Speaker may use such voting procedures as may be invoked under rule XX.
This clause was adopted in 1789 (II, 1311). Before the House recodified its rules in the 106th Congress, this clause (formerly clause 5) consisted of this clause and current clause 1(a), clause 1(b), and clause 2(a) of rule XX (H. Res. 5, Jan. 6, 1999, p. 47). Discretion to vote The motion as stated by the Chair in putting the question and not as stated by the Member in offering the motion, is the proposition voted on (VI, 247). Under this paragraph the Speaker must put the pending question to a voice vote before entertaining a demand for a recorded vote or the yeas and nays (Speaker Foley, Mar. 9, 1992, p. 4698). It is not in order for a Member having the floor in debate to conduct a ``straw vote'' or otherwise ask for a show of support for a proposition (Nov. 18, 1995, p. 33973).
631. The Speaker's vote. Tie vote. 7. The Speaker is not required to vote in ordinary legislative proceedings, except when such vote would be decisive or when the House is engaged in voting by ballot.
This clause was adopted in 1789, and amended in 1850 (V, 5964) and 1911. A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, clause 7 (formerly clause 6) consisted of this clause and current clause 1(c) of rule XX (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 350]] a vote card (Oct. 17, 1990, p. 30229). The Speaker may vote to make a tie and so decide a question in the negative, or may vote to break a tie and so decide a question in the affirmative (VIII, 3100; Aug. 14, 1957, p. 14783). The Speaker never has two votes on the same question; that is, having voted as a Member, the Speaker may not vote again should the result be a tie (V, 5964). The duty of giving a decisive vote may be exercised after the intervention of other business, or after the announcement of the result or on another day, if a correction of the roll shows a condition wherein the Speaker's vote would be decisive (V, 5969, 6061-6063; VIII, 3075). In one instance the Speaker asserted a right to withdraw a vote where a correction indicated that it was unnecessary (V, 5971). Although the amendment of 1850 granted the Speaker the same right to vote as other Members (V, 5966, 5967), it has historically rarely been exercised (V, 5964, footnote). The Speaker's name is not on the roll from which the yeas and nays are called (V, 5970), is called only on the Speaker's request (V, 5965), and is then called at the end of the roll by name (V, 5965; VIII, 3075). During an electronic vote, the Speaker directs the Clerk to record the Speaker's vote and verifies that instruction by submitting Speaker pro tempore Before the vote by tellers was repealed (Sec. Sec. 1012, 1013, infra), the chair of the Committee of the Whole could be counted on a vote by tellers without passing through the tellers (V, 5996, 5997; VIII, 3100, 3101).
632. Speaker pro tempore. 8. (a) The Speaker may appoint a Member to perform the duties of the Chair. Except as specified in paragraph (b), such an appointment may not extend beyond three legislative days.
(b)(1) In the case of illness, the Speaker may appoint a Member to perform the duties of the Chair for a period not exceeding 10 days, subject to the approval of the House. If the Speaker is absent and has omitted to make such an appointment, then the House shall elect a Speaker pro tempore to act during the absence of the Speaker. (2) With the approval of the House, the Speaker may appoint a Member to act as Speaker pro tempore only to sign enrolled bills and joint resolutions for a specified period of time. [[Page 351]] pro tempore. Pending such election the Member acting as Speaker pro tempore may exercise such authorities of the Office of Speaker as may be necessary and appropriate to that end. (3)(A) In the case of a vacancy in the Office of Speaker, the next Member on the list described in subdivision (B) shall act as Speaker pro tempore until the election of a Speaker or a Speaker (B) As soon as practicable after the election of the Speaker and whenever appropriate thereafter, the Speaker shall deliver to the Clerk a list of Members in the order in which each shall act as Speaker pro tempore under subdivision (A). (C) For purposes of subdivision (A), a vacancy in the Office of Speaker may exist by reason of the physical inability of the Speaker to discharge the duties of the office. Paragraph (a) was adopted in 1811 and limited to three legislative days in 1920 (VI, 263). Paragraph (b)(1) was adopted in 1876 (II, 1377). Paragraph (b)(2) was adopted in the 99th Congress (H. Res. 7, Jan. 3, 1985, p. 393). Paragraph (b)(3) was adopted in the 108th Congress (sec. 2(a), H. Res. 5, Jan. 7, 2003, p. 7). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, clause 8 (formerly clause 7) and clause 9 occupied a single clause (H. Res. 5, Jan. 6, 1999, p. 47). The Speaker delivers to the Clerk the list required under paragraph (b)(3)(B) and announces such delivery to the House (e.g., Mar. 13, 2003, p. 6118; Jan. 20, 2005, p. 266). [[Page 352]] of office to a Member-elect (Mar. 17, 1998, p. 3836), etc., functions not exercised by a Speaker pro tempore designated under paragraph (a) of this clause (II, 1399, 1400, 1404; VI, 274, 277; Sept. 21, 1961, p. 20572; June 21, 1984, p. 17708). The House may permit the Speaker to make appointments beyond the limit in paragraph (a) (e.g., Dec. 16, 2009, p. _). The House may agree by unanimous consent to the Speaker's appointment under this clause of Members in the alternative to act as Speakers pro tempore to sign enrollments through a date certain (e.g., Aug. 6, 1998, p. 19128) or for an entire Congress (e.g., Jan. 6, 2009, p. 25).
Sec. 634. Election, oath, and designation of Speaker pro tempore. The right of the House to elect a Speaker pro tempore in the absence of the Speaker was exercised before the rule was adopted (II, 1405), although the House sometimes preferred to adjourn (I, 179). An elected Speaker pro tempore in the earlier practice was not sworn (I, 229; II, 1386); but the Senate and sometimes the President were notified of such election (II, 1386-1389, 1405-1412; VI, 275). On August 31, 1961 (p. 17765), the House adopted House Resolution 445, electing Hon. John W. McCormack as Speaker pro tempore in the absence and terminal illness of Speaker Rayburn. The resolution provided that the Clerk notify the President and the Senate. The chair of the Democratic Caucus then administered the oath. The Speaker has appointed a Speaker pro tempore to perform the duties of the Chair for a fourth consecutive day on account of illness (Speaker Hastert, Feb. 26, 2001, p. 2192). Elected Speakers pro tempore have signed enrolled bills, appointed select committees, administered the oath
Other responsibilities A call of the House may take place with a Speaker pro tempore in the chair (IV, 2989), and the Speaker pro tempore may issue a warrant for the arrest of absent Members under a call of the House (VI, 688). When the Speaker is not present at the opening of a session, including morning-hour debate, the Speaker designates a Speaker pro tempore in writing (II, 1378, 1401); but does not usually announce the Members called to the chair temporarily during the day's sitting (II, 1379, 1400). The presence of the Speaker either at the opening of morning-hour debate or at the opening of the regular session on a day satisfies the requirement that the Speaker be present to convene the House at least every fourth day. A Speaker pro tempore elected under clause 8 of rule I may in turn designate another Member to act as Speaker pro tempore on a day certain (II, 1384; VI, 275; Feb. 23, 1996, p. 2807). Members of the minority have been called to the chair on occasions of ceremony (II, 1383; VI, 270; Jan. 31, 1951, p. 779), but rarely otherwise (II, 1382, 1390; III, 2596; VI, 264).
635. Drug testing in the House. 9. The Speaker, in consultation with the Minority Leader, shall develop through an appropriate entity of the House a system for drug testing in the House. The system may provide for the testing of a Member, Delegate, Resident Commissioner, officer, or employee of the House, and otherwise shall be comparable in scope to the system for drug testing in the executive branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses of the system may be paid from applicable accounts of the House for official expenses.
[[Page 353]] 1999, p. 47). This clause was redesignated from clause 13 to clause 9 in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. 7). This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic changes to this clause were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, Designation of travel
Sec. 635a. Former term limit. Clause 9 formerly was occupied by a prohibition against the Speaker serving for more than four consecutive Congresses, which was added in the 104th Congress (sec. 103(a), H. Res. 6, Jan. 4, 1995, p. 462) and repealed in the 108th Congress (sec. 2(b), H. Res. 5, Jan. 7, 2003, p. 7). Before the House recodified its rules in the 106th Congress, the former term-limit rule and current clause 8 occupied a single clause (formerly clause 7) (H. Res. 5, Jan. 6, 1999, p. 47).
636. Travel authority. 10. The Speaker may designate a Member, Delegate, Resident Commissioner, officer, or employee of the House to travel on the business of the House within or without the United States, whether the House is meeting, has recessed, or has adjourned. Expenses for such travel may be paid from applicable accounts of the House described in clause 1(k)(1) of rule X on vouchers approved and signed solely by the Speaker.
[[Page 354]] Committee appointment This clause was adopted in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). In the 105th Congress this clause was amended to update archaic references to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. 121). In the 106th, 109th, and 112th Congresses, clerical corrections were effected with respect to the ``applicable accounts of the House'' (H. Res. 5, Jan. 6, 1999, p. 47; sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this clause and the provision now found in clause 10 of rule XXIV together occupied former clause 8 of this rule (H. Res. 5, Jan. 6, 1999, p. 47). See also Sec. Sec. 769, 770, infra, for discussion of the Speaker's authority under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754) to authorize use of counterpart funds for Members and employees for foreign travel, except where authorized by the chair of the committee for members and employees thereof.
637. Select and conference committees. 11. The Speaker shall appoint all select, joint, and conference committees ordered by the House. At any time after an original appointment, the Speaker may remove Members, Delegates, or the Resident Commissioner from, or appoint additional Members, Delegates, or the Resident Commissioner to, a select or conference committee. In appointing Members, Delegates, or the Resident Commissioner to conference committees, the Speaker shall appoint no less than a majority who generally supported the House position as determined by the Speaker, shall name those who are primarily responsible for the legislation, and shall, to the fullest extent feasible, include the principal proponents of the major provisions of the bill or resolution passed or adopted by the House.
The provision of this clause relating to select committees was adopted in 1880, and the provision relating to conference committees was first adopted in 1890, although the practice of leaving the appointment of conference committees to the Speaker had existed from the earliest years of the House's history (IV, 4470; VIII, 2192). The provision authorizing the Speaker to add or remove select committee members or conferees after the initial appointment was added in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). The provision requiring the Speaker to appoint a majority of Members who generally supported the House position became effective on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The provision requiring the Speaker to appoint Members primarily responsible for the legislation was added in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6(f) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 355]] IV, 4514-4516). However, in modern practice, except for matters of ceremony, the inconvenience and even impropriety of the usage has caused it often to be disregarded (IV, 4517-4523, 4671). The Speaker has removed Members from a select committee (e.g., Sept. 8, 2004, pp. 17754, 17755). Before 1880 the House could take from the Speaker the appointment of a select committee (IV, 4448, 4470; VIII, 2192) and on several occasions did so (IV, 4471-4476). In the earlier practice of the House, the Member moving a select committee was appointed its chair (II, 1275; III, 2342; It is within the discretion of the Chair whom to appoint as conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and such discretion is not subject to challenge on a point of order even though clause 11 requires the Speaker to appoint as conferees Members who are primarily responsible for the legislation (Speaker O'Neill, Oct. 12, 1977, p. 33434). A motion to instruct the Speaker as to the number and composition of a conference committee on the part of the House is not in order (VIII, 2193, 3221), and a motion to instruct conferees does not necessarily form the basis for the Speaker's determination under this clause as to which Members support the legislation (May 9, 1990, p. 9830). The Speaker may appoint conferees from committees: (1) that have not reported a measure; (2) that have jurisdiction over provisions of a non- germane Senate amendment to a House amendment to a Senate bill originally narrower in scope (Speaker O'Neill, Nov. 28, 1979, p. 33904); (3) that have jurisdiction over provisions of an original Senate bill where the House amendment was narrower in scope (Speaker O'Neill, July 28, 1980, p. 19875; July 11, 1985, p. 18545). The Speaker may also appoint one who, although not a member of the committee of jurisdiction, is a principal proponent of the measure (Speaker Gingrich, Feb. 1, 1995, p. 3258) or a principal proponent of an adopted floor amendment (June 21, 1977, p. 20132). The Speaker has appointed as sole conferees on a nongermane portion of a Senate bill or amendment only members from the committee having jurisdiction over the subject matter thereof (Speaker O'Neill, Aug. 27, 1980, p. 23548; July 24, 1986, p. 17644), and also members from such committees as additional rather than exclusive conferees on other nongermane portions of the Senate bill (July 24, 1986, p. 17644). Where a comprehensive matter is committed to conference, the Speaker may appoint separate groups of conferees from several committees for concurrent or exclusive consideration of provisions within their respective jurisdictions (Feb. 7, 1990, p. 1522; May 9, 1990, p. 9830). In the 102d Congress the Speaker reiterated the announced policy of simplifying conference appointments by noting on the occasion of a relatively complex appointment that, inasmuch as conference committees are select committees that dissolve when their report is acted upon, conference appointments should not be construed as jurisdictional precedent (Speaker Foley, June 3, 1992, p. 13288). [[Page 356]] tion of provisions for which a conferee is appointed (Oct. 3, 2002, p. 19011; Nov. 14, 2005, p. 25816). The Speaker may fill a vacancy on a conference committee by appointment but may not accept a resignation from a conference committee (as contrasted with the authority to remove) absent an order of the House (Nov. 4, 1987, p. 30808). The Speaker may choose to appoint minority conferees on the recommendation of the Minority Leader (Speaker Boehner, Dec. 20, 2011, p. _; Dec. 23, 2011, p. _). Pursuant to this clause the Speaker may by the terms of the appointment empower a group of exclusive conferees to report in total disagreement (June 10, 1988, p. 14077; Sept. 20, 1989, p. 20955). The Speaker may modify an appointment by removal (e.g., Mar. 10, 1998, p. 3049), addition (e.g., Nov. 14, 2005, p. 25816), or substitution of one conferee for another (Dec. 16, 2005, p. 29212; Oct. 6, 2009, p. 23628), or by expansion of the specifica Recess and Convening Authorities For a further discussion of the Speaker's authority to appoint conferees, see Sec. 536, supra.
638. Short recess authority. 12. (a) To suspend the business of the House for a short time when no question is pending before the House, the Speaker may declare a recess subject to the call of the Chair.
This paragraph was added as clause 12 of rule I in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). It was redesignated as paragraph (a) in the 108th Congress (sec. 2(c), H. Res. 5, Jan. 7, 2003, p. 7). Having postponed proceedings on a pending question (Apr. 30, 1998, p. 7381) or having withdrawn recognition for a special-order speech (Nov. 4, 2009, p. _), the Speaker may declare a recess for a short time under this paragraph (there being no question then pending before the House). A Member's mere revelation that the Member seeks to offer a motion to adjourn does not suffice to make that motion ``pending,'' and thus the Chair remains able to declare a short recess under this paragraph (Oct. 28, 1997, p. 23524; June 25, 2003, p. 16241; July 13, 2009, p. 17493).
Sec. 639. Emergency recess and reconvening authority. (b)(1) To suspend the business of the House when notified of an imminent threat to its safety, the Speaker may declare an emergency recess subject to the call of the Chair.
[[Page 357]] (2) To suspend the business of the Committee of the Whole House on the state of the Union when notified of an imminent threat to its safety, the chair of the Committee of the Whole may declare an emergency recess subject to the call of the Chair. (c) 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 at the time previously appointed, then the Speaker may, in consultation with the Minority Leader-- (1) postpone the time for reconvening within the limits of clause 4, section 5, article I of the Constitution and notify Members accordingly; or (2) reconvene the House before the time previously appointed solely to declare the House in recess within the limits of clause 4, section 5, article I of the Constitution and notify Members accordingly. (d) The Speaker may convene the House in a place at the seat of government other than the Hall of the House whenever, in the opinion of the Speaker, the public interest shall warrant it. [[Page 358]] Paragraphs (b)-(d) were added in the 108th Congress (sec. 2(c), H. Res. 5, Jan. 7, 2003, p. 7) and the application of paragraph (b) to the Committee of the Whole was clarified in the 110th Congress (sec. 505(a), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). An emergency recess under paragraph (b) was declared by the Speaker pro tempore on May 11, 2005 (p. 9163) and by the chair of the Committee of the Whole on June 29, 2005 (p. 14835). For a drill, see March 6, 2003 (p. 5355). For the Speaker's inherent authority to declare a recess under clause 2 of rule I, see Sec. 622, supra. The Speaker has changed the convening time under paragraph (c) upon notification by the Sergeant-at-Arms of an imminent impairment to reconvening (Dec. 19, 2009, p. _; Oct. 30, 2012, p. _). For reconvening authority on the basis of a public interest determination by the Speaker, and similar authority in the Senate, see Sec. 84, supra. Rule II Elections other officers and officials
640. Election, oath, and removal of officers. 1. There shall be elected at the commencement of each Congress, to continue in office until their successors are chosen and qualified, a Clerk, a Sergeant-at-Arms, a Chief Administrative Officer, and a Chaplain. Each of these officers shall take an oath to support the Constitution of the United States, and for the true and faithful exercise of the duties of the office to the best of the knowledge and ability of the officer, and to keep the secrets of the House. Each of these officers shall appoint all of the employees of the department concerned provided for by law. The Clerk, Sergeant-at-Arms, and Chief Administrative Officer may be removed by the House or by the Speaker.
[[Page 359]] Director of Non-legislative and Financial Services (an officer appointed jointly by the Speaker and the Majority and Minority Leaders under clause 1 of rule VI of the 103d Congress), see Sec. 664, infra. When the House recodified its rules, it consolidated former rules II through VII, former clauses 10 and 11 of rule I, former clause 6 of rule XIII, and former clause 5 of rule XVI under rule II (H. Res. 5, Jan. 6, 1999, p. 47). A rudimentary form of this clause was adopted in 1789, and was amended several times before 1880, when it assumed the form it retained for more than a century (I, 187). During the 102d Congress, the House Administrative Reform Resolution of 1992 amended the clause to abolish the Office of the Postmaster (see Sec. 668, infra) and to empower the Speaker to remove certain elected officers (H. Res. 423, Apr. 9, 1992, p. 9039). The 104th Congress made conforming changes to the clause to reflect the abolishment of the Office of the Doorkeeper and the establishment of an elected Chief Administrative Officer (sec. 201(a), H. Res. 6, Jan. 4, 1995, p. 463). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). For a discussion of the former Office of the Doorkeeper, see Sec. 663a, infra; and for a discussion of the evolution of the Chief Administrative Officer (an elected officer) from the former The House having discarded a theory that the rules might be imposed by one House on its successor (V, 6743-6745), it follows that this clause is not operative at the organization before the rules are adopted. Before the House recodified its rules in the 106th Congress, the House was required under former rule II to elect its Speaker and other officers by a viva voce vote following nominations (I, 204, 208). However, the officers mentioned in the rule, other than Speaker, were, even then, usually chosen by resolution, which is not a viva voce election (I, 193, 194). A majority vote is required for the election of officers of both Houses of Congress (VI, 23). The oath is administered by the Speaker to the officers (I, 81; Sec. 198, supra). The requirement that the officers be sworn to keep the secrets of the House had become obsolete (I, 187), but the 104th Congress adopted a requirement that Members, officers, and employees subscribe an oath of secrecy regarding classified information (clause 13 of rule XXIII). Clause 4(d)(1)(A) of rule X requires the Committee on House Administration to provide policy direction for, and oversight of, the Inspector General, and oversight of the Clerk, Sergeant-at-Arms, and Chief Administrative Officer (see Sec. 752, infra). [[Page 360]] Clerk The House has declined to interfere with the Clerk's power of removing subordinates (I, 249). Employees under the Clerk and other officers are to be assigned only the duties for which they are appointed (V, 7232). The Sergeant-at-Arms having died, the Clerk was elected by the House to serve temporarily also as Sergeant-at-Arms without additional compensation (July 8, 1953, p. 8242). The Legislative Reorganization Act of 1946 (2 U.S.C. 75a-1) authorizes the Speaker to fill temporary vacancies in the offices of Clerk, Sergeant-at-Arms, Chief Administrative Officer, and Chaplain. A former version of the Act also permitted temporary appointments to the former offices of Doorkeeper and Postmaster. The Speaker has exercised the authority to fill temporary vacancies in the offices of Sergeant-at-Arms (Jan. 6, 1954, p. 8; June 30, 1972, p. 23665; Feb. 28, 1980, p. 4350; and Mar. 12, 1992, p. 5519), Clerk (Nov. 15, 1975, p. 36901; Jan. 6, 1999, p. 257; Nov. 18, 2005, p. 27489), Chaplain (Mar. 14, 1966, p. 5712; Mar. 23, 2000, p. 3481), Doorkeeper (Dec. 20, 1974, p. 41855), and Chief Administrative Officer (Jan. 9, 1997, p. 279; July 15, 2010, p. _). A resolution electing a House officer is presented as a question of privilege (July 31, 1997, p. 17021; Speaker Hastert, Dec. 6, 2005, p. 27569; May 25, 2011, p. _) even when prospective (Feb. 6, 2007, p. 3156). The resignation of an elected officer of the House is subject to acceptance by the House (Mar. 23, 2000, p. 3480; Feb. 6, 2007, p. 3156) and may be prospective (July 15, 2010, p. _) or retroactive (May 25, 2011, p. _).
641. Clerk; commencement of first session. 2. (a) At the commencement of the first session of each Congress, the Clerk shall call the Members, Delegates, and Resident Commissioner to order and proceed to record their presence by States in alphabetical order, either by call of the roll or by use of the electronic voting system. Pending the election of a Speaker or Speaker pro tempore, the Clerk shall preserve order and decorum and decide all questions of order, subject to appeal by a Member, Delegate, or Resident Commissioner.
In 1880 several rules, adopted at different periods from 1794 to 1846, were consolidated into this clause, which, before the House recodified its rules in the 106th Congress, was found in rule III (H. Res. 5, Jan. 6, 1999, p. 47). Paragraph (a) was initially framed in 1880, on a basis furnished by a rule of 1860 (I, 64), and amended in 1911.
Sec. 642. Other duties of the Clerk. Various administrative duties, similar to those specified in this clause, are imposed on the Clerk by law (I, 253; Legislative Reorganization Act of 1946, 60 Stat. 812); and the law also requires the furnishing of stationery, blank books, etc., to the committees and officers of the House (V, 7322); to exercise discretionary authority as to reprinting of bills and documents (V, 7319); to receive the testimony taken in election contests (I, 703, 705; see also Federal Contested Election Act, P.L. 91-138, 83 Stat. 284), to serve as an ex officio member of the Federal Election Commission established pursuant to Public Law 94-283; 2 U.S.C. 437c; and to make certain reports on receipts and expenditures (2 U.S.C. 102, 103, 113; see Sec. 655, infra). Instance of Clerk serving temporarily also as Sergeant-at-Arms (July 8, 1953, p. 8242).
[[Page 361]] the election of the Speaker or adoption of rules, authorized the Clerk and Sergeant-at-Arms of the last House to preserve order (I, 101).
Sec. 643. Clerk's duties at organization. As rules are not usually adopted until after the election of the Speaker, this paragraph is not in force at the time of organization of a new House. The procedure at organization does, however, follow a practice conforming to the terms of the paragraph (I, 81), although the House may depart from it. For a discussion of procedure in the House before the adoption of rules, including the procedure by which the Clerk conducts the election of the Speaker, see Sec. Sec. 27, 60, supra. The Clerk, in presiding before the election of the Speaker, recognizes Members (I, 74). The Members-elect have on one occasion, before
Although the Speaker ceases to be an officer of the House with the expiration of a Congress, the Clerk, by old usage, continues in a new Congress (I, 187, 188, 235, 244).-
Sec. 644. The roll of Memberselect. The roll of Members is made up by the Clerk from the credentials, in accordance with a provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of election in due form having been filed, the Clerk placed the name of the Member-elect on the roll, although he was subsequently advised that a State Supreme Court had issued a writ restraining the Secretary of State from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll may not be interrupted, especially by one not on that roll (I, 84), and a person not on the roll may not be recognized (I, 86). A motion to proceed to the election of the Speaker is of higher privilege than a motion to correct the roll (I, 19-24). The House has declined to permit enrollment by the Clerk to be final as to prima facie right (I, 376, 589, 592).
Sec. 645. Clerk as presiding officer at organizations. In early years the authority of the Clerk to decide questions of order pending the election of a Speaker was questioned (I, 65). The Clerks often declined to make decisions (I, 68-72; V, 5325). However, in 1855 and 1997 the Clerk decided a question of order; and in 1997 the Clerk was sustained on appeal (I, 91; Jan. 7, 1997, pp. 115, 116). During the existence of a rule that applied the rules of a prior House to a successor House (1860 through 1890) (I, 64; V, 6743-6747) the Clerks made several rulings (I, 76, 77; VI, 623).
Before clause 8(b)(3) of rule I, this clause operated also in the case of a vacancy in the Office of the Speaker arising during a Congress. For example, upon the death of the Speaker during an adjournment sine die of the first session of the 87th Congress, the Clerk called the House to order on the first day of the second session (Jan. 10, 1962, p. 5). However, clause 8(b)(3) of rule I now requires the Speaker 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. The Clerk having died, and in the absence of the Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at organization of the 80th Congress (Jan. 3, 1947, p. 33). The Clerk, having been appointed pursuant to 2 U.S.C. 75a-1 by the previous Speaker at the end of the 105th Congress to fill a vacancy caused by resignation of the Clerk elected for that Congress, presided at the organization of the 106th Congress (Jan. 6, 1999, p. 41). [[Page 362]] each Member, Delegate, and the Resident Commissioner a list of the reports that any officer or Department is required to make to Congress, citing the law or resolution in which the requirement may be contained and placing under the name of each officer the list of reports required to be made by such officer.
Sec. 646. Clerk furnishes a list of reports. (b) At the commencement of every regular session of Congress, the Clerk shall make and cause to be delivered to
Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2 of rule II (H. Res. 5, Jan. 6, 1999, p. 47). The paragraph was initially adopted in 1822 (I, 252). It was amended in the 107th Congress to permit the Clerk to publish the list in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. 25). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). (c) The Clerk shall--
Sec. 647. Clerk's duty as to Journal and documents. (1) note all questions of order, with the decisions thereon, the record of which shall be appended to the Journal of each session;
(2) enter on the Journal the hour at which the House adjourns; (3) complete the distribution of the Journal to Members, Delegates, and the Resident Commissioner, together with an accurate and complete index, as soon as possible after the close of a session; and (4) send a copy of the Journal to the executive of and to each branch of the legislature of every State as may be requested by such State officials. [[Page 363]] pay officers and employees were stricken by the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. 9050) to relieve the Clerk of functions to be transferred to the Director of Non-legislative and Financial Services pursuant to that resolution (see Sec. 664, infra). Clerical corrections were effected at the beginning of the 104th Congress (sec. 223(f), H. Res. 6, Jan. 4, 1995, p. 469) and the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). During the 104th Congress the requirement to send a printed copy of the Journal to each branch of every State legislature was changed to an authorization to send such copies on request (H. Res. 254, Nov. 30, 1995, p. 35077). Subparagraphs (3) and (4) were amended in the 107th Congress to permit the Clerk to publish the Journal in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. 25). Before the House recodified its rules in the 106th Congress, this paragraph (except subparagraph (2)) was found in former clause 3 of rule III (I, 251); and subparagraph (2) was found in former clause 5 of rule XVI (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (2) was adopted initially in 1837 and amended in 1880 (V, 6740). Former provisions directing the Clerk to make all contracts, keep contingent and stationery accounts, and
Sec. 648. Attests and seals process and certifies passage of bills; oversees engrossment and enrollment process. (d)(1) The Clerk shall attest and affix the seal of the House to all writs, warrants, and subpoenas issued by order of the House and certify the passage of all bills and joint resolutions.
(2) The Clerk shall examine all bills, amendments, and joint resolutions after passage by the House and, in cooperation with the Senate, examine all bills and joint resolutions that have passed both Houses to see that they are correctly enrolled and forthwith present those bills and joint resolutions that originated in the House to the President in person after their signature by the Speaker and the President of the Senate, and report to the House the fact and date of their presentment. Before the House recodified its rules in the 106th Congress, subparagraph (1) was found in former clause 3 of rule III (H. Res. 5, Jan. 6, 1999, p. 47). When the House issues an order or warrant, the Speaker must issue the summons under the Speaker's hand and seal, and it must be attested by the Clerk; but when the power is granted to a committee to send for persons and papers under clause 2(m) of rule XI, a summons signed by the chair of the committee is sufficient (III, 1668). [[Page 364]] Committee on Enrolled Bills (IV, 4350, 4416; VII, 2099). Responsibility for the engrossment and enrollment process was given to the Committee on House Administration when that committee was created effective January 2, 1947 as part of the Legislative Reorganization Act of 1946 (60 Stat. 812) as an enumerated subject of legislative jurisdiction. That responsibility was transferred from the committee's legislative jurisdiction to its special oversight jurisdiction (see former clause 4(d)(1)(A) of rule X) by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) and was transferred to the Clerk in the 107th Congress (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 28). The enrollment process was originally the responsibility of the Committee on Enrolled Bills, which was created in 1789 by a joint rule of the two Houses (IV, 4350). This joint rule lapsed in 1876 with other joint rules, but in 1880 the Rules of the House were amended to again recognize the A special order of business reported by the Committee on Rules directing the Clerk to refrain from certifying an enrollment pending the resolution of a given contingency does not violate subparagraph (2) (Apr. 13, 2011, p. _).
Sec. 649. Calendars distributed. (e) The Clerk shall cause the calendars of the House to be distributed each legislative day.
Before the House recodified its rules in the 106th Congress, paragraph (e) was found in former clause 6 of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47). This paragraph was adopted initially in the 62d Congress, April 5, 1911 (VI, 743), and amended December 8, 1931 (pp. 10, 83). It was amended in the 107th Congress to permit the Clerk to publish the calendars in a form other than printed (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. 25). (f) The Clerk shall--
Sec. 650. Documents. (1) retain in the library at the Office of the Clerk for the use of the Members, Delegates, Resident Commissioner, and officers of the House, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited there; and
[[Page 365]] in any Congress in which the Member, Delegate, or Resident Commissioner served. (2) deliver to any Member, Delegate, or the Resident Commissioner an extra copy of each document requested by that Member, Delegate, or Resident Commissioner that has been printed by order of either House of Congress Before the House recodified its rules in the 106th Congress, paragraphs (c) and (f) were found in former clause 3 of rule III (H. Res. 5, Jan. 6, 1999, p. 47). They were amended in the 92d Congress to include Delegates and the Resident Commissioner among those entitled to the listed services (H. Res. 5, Jan. 22, 1971, pp. 140-44; H. Res. 1153, Oct. 13, 1972, pp. 36013-15). Paragraph (f) was amended in the 107th Congress to permit the Clerk to distribute documents by a method other than mail and in a form other than bound (sec. 2(a), H. Res. 5, Jan. 3, 2001, p. 25).
Sec. 651. Official to act as Clerk upon designation. (g) The Clerk shall provide for the temporary absence or disability of the Clerk by designating an official in the Office of the Clerk to sign all papers that may require the official signature of the Clerk and to perform all other official acts that the Clerk may be required to perform under the rules and practices of the House, except such official acts as are provided for by statute. Official acts performed by the designated official shall be under the name of the Clerk. The designation shall be in writing and shall be laid before the House and entered on the Journal.
Before the House recodified its rules in the 106th Congress, this paragraph was found in former clause 4 of rule III (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially on January 18, 1912 (VI, 25) and was amended January 3, 1953 (p. 16). Form of designation of a Clerk pro tempore (VI, 26). Technical corrections were effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
Sec. 652. Authority to receive messages. (h) The Clerk may receive messages from the President and from the Senate at any time when the House is in recess or adjournment.
[[Page 366]] 98-113) and amended in the 111th Congress to apply to recesses as well as adjournments (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9) to reflect current practice (see Dec. 22, 1987, p. 37966). In the case of Kennedy v. Sampson, 511 F.2d 430 (D.C. Cir. 1974) (see Sec. 113, supra, accompanying Const., art. I, sec. 7, cl. 2) a United States court of appeals held that a bill could not be pocket-vetoed by the President during an ``intrasession'' adjournment of Congress to a day certain for more than three days, where the House of origin has made appropriate arrangements for the receipt of Presidential messages during the adjournment. Before the House recodified its rules in the 106th Congress, this paragraph was found in former clause 5 of rule III (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp.
Sec. 653. Administration of vacant Member's office. (i)(1) The Clerk shall supervise the staff and manage the office of a Member, Delegate, or Resident Commissioner who has died, resigned, or been expelled until a successor is elected. The Clerk shall perform similar duties in the event that a vacancy is declared by the House in any congressional district because of the incapacity of the person representing such district or other reason. When acting as a supervisory authority over such staff, the Clerk shall have authority to terminate employees and, with the approval of the Committee on House Administration, may appoint such staff as is required to operate the office until a successor is elected.
(2) For 60 days following the death of a former Speaker, the Clerk shall maintain on the House payroll, and shall supervise in the same manner, staff appointed under House Resolution 1238, Ninety-first Congress (as enacted into permanent law by chapter VIII of the Supplemental Appropriations Act, 1971) (2 U.S.C. 31b-5). [[Page 367]] A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). - (j) In <> addition to any other reports required by the Speaker or the Committee on House Administration, the Clerk shall report to the Committee on House Administration not later than 45 days following the close of each semiannual period ending on June 30 or on December 31 on the financial and operational status of each function under the jurisdiction of the Clerk. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. Before the House recodified its rules in the 106th Congress, this paragraph was found in former clause 6 of rule III (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). It was amended in the 104th and 106th Congresses to reflect changes in the name of the Committee on House Administration (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 655. Cooperation with others. (k) The Clerk shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations.
Before the House recodified its rules in the 106th Congress, paragraphs (j) and (k) were found in former clauses 7 and 8 of rule III (H. Res. 5, Jan. 6, 1999, p. 47). They were adopted initially in the 104th Congress (sec. 201(b), H. Res. 6, Jan. 4, 1995, p. 463). A conforming change was effected at the beginning of the 106th Congress in the name of the Committee on House Administration (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 368]] Sergeant-at-Arms-- The Clerk is also required to make certain reports on receipts and expenditures under law (2 U.S.C. 103, 113), which are available to the public. However, members of the public have no statutory or constitutional right to examine the actual financial records that are used in preparing such reports. Trimble v. Johnston, 173 F. Supp. 651 (D.C. Cir. 1959).
656. SergeantatArms enforces authority of House. 3. (a) The Sergeant-at-Arms shall attend the House during its sittings and maintain order under the direction of the Speaker or other presiding officer. The Sergeant-at-Arms shall execute the commands of the House, and all processes issued by authority thereof, directed to the Sergeant- at-Arms by the Speaker.
Before the House recodified its rules in the 106th Congress, this paragraph was found in former clause 1 of rule IV (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in 1789, with additions and amendments in 1838, 1877, 1890 (I, 257), 1911 (VI, 29), and 1971. A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Amendments adopted in the 92d Congress to clarify the responsibility of the Sergeant-at-Arms to keep the accounts for the pay and mileage of the Delegates from the District of Columbia, Guam, and the Virgin Islands and the Resident Commissioner from Puerto Rico as well as for Members (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp. 36013-15) were stricken by the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. 9039) to relieve the Sergeant-at-Arms of functions transferred to the Director of Non-legislative and Financial Services pursuant to that resolution (see Sec. 664, supra). In the 94th Congress, the provisions of House Resolution 732, directing the Sergeant-at-Arms to enter into agreements with State officials, with the approval of the Committee on House Administration, to withhold State income taxes from the pay of each Member subject to such State income tax and requesting such withholding, were enacted into permanent law (90 Stat. 1448; 2 U.S.C. 60e-1b). During the 102d Congress, the House adopted a resolution presented by the Majority Leader as a question of the privileges of the House to terminate all bank and check-cashing operations in the Office of the Sergeant-at-Arms and direct the Committee on Standards of Official Conduct to review GAO audits of such operations (Oct. 3, 1991, p. 25435). When former rule IV was rewritten in the 104th Congress, clause 1 was restated without change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). The Chair may enlist the Sergeant-at-Arms to assist the Chair in maintaining decorum (Sept. 17, 1997, p. 19027; Mar. 28, 2012, p. _). [[Page 369]] funeral of a deceased Member of the House and the expenses of any delegation of Members of Congress duly appointed to attend (76 Stat. 686; 2 U.S.C. 124). The Sergeant-at-Arms is authorized to make payments from the contingent fund of the House (now referred to as ``applicable accounts of the House described in clause 1(k)(1) of rule X''), under rules prescribed by the Committee on House Administration, to defray the expenses of the The Speaker ordered that documents received in a communication from an independent counsel advising the House of substantial and credible information that may constitute grounds for impeachment of the President be kept under armed guard of the Sergeant-at-Arms until the House determined which documents to make available to the public (Sept. 9, 1998, p. 19769). At the organization of the House in a new Congress, the Speaker may maintain decorum before adoption of rules by directing the Sergeant-at- Arms to present the mace as the traditional symbol of order (Jan. 3, 1991, p. 58). Before the election of Speaker, a special rule may be adopted conferring the authority of this paragraph, as was done in 1849 and 1859 (I, 101, 102). -- <> (b) The symbol of the Office of the Sergeant-at-Arms shall be the mace, which shall be borne by the Sergeant-at-Arms while enforcing order on the floor. Duties imposed on the Sergeant-at-Arms by law (I, 258) include control of the Capitol Police; and the making up of the roll of Members-elect and presiding over the organization of a new Congress in case of vacancy in the Office of the Clerk, or the absence or disability of that officer (2 U.S.C. 26). The death of the Sergeant-at-Arms being announced, the House passed appropriate resolutions and adjourned as a mark of respect (VI, 32; July 8, 1953, p. 8263). The Clerk having died, and in the absence of the Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at the organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 83d Congress the Sergeant-at-Arms having died, the Clerk was elected to serve temporarily both as Clerk and Sergeant-at-Arms (July 8, 1953, p. 8242), and upon resignation by the Clerk from the additional position of Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 75a-1, appointed a temporary Sergeant-at-Arms (Jan. 6, 1954, p. 8). The Sergeant-at-Arms having resigned in the 96th Congress, the Speaker appointed a temporary Sergeant-at-Arms pursuant to the statute (Feb. 28, 1980, pp. 4349-50); and the same occurred in the 102d Congress (Mar. 12, 1992, p. 5519). [[Page 370]] directed the Sergeant-at-Arms to enforce order with the mace (VI, 258; VIII, 2530), but an attempt to enforce order without the mace has been questioned as illegitimate (II, 1347). Before the House recodified its rules in the 106th Congress, this paragraph was found in former clause 2 of rule IV (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in 1789 (II, 1346). When former rule IV was rewritten entirely in the 104th Congress, the paragraph was restated without change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Extreme disorder arising on the floor, the Speaker
Sec. 658. Doorkeeping. (c) The Sergeant-at-Arms shall enforce strictly the rules relating to the privileges of the Hall of the House and be responsible to the House for the official conduct of employees of the Office of the Sergeant-at-Arms.
(d) The Sergeant-at-Arms may not allow a person to enter the room over the Hall of the House during its sittings and, from 15 minutes before the hour of the meeting of the House each day until 10 minutes after adjournment, shall see that the floor is cleared of all persons except those privileged to remain. - (e) <> In addition to any other reports required by the Speaker or the Committee on House Administration, the Sergeant-at-Arms shall report to the Committee on House Administration not later than 45 days following the close of each semiannual period ending on June 30 or on December 31 on the financial and operational status of each function under the jurisdiction of the Sergeant-at-Arms. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. [[Page 371]] Before the House recodified its rules in the 106th Congress, paragraphs (c) and (d) were found in former clauses 3 and 4 of rule IV (H. Res. 5, Jan. 6, 1999, p. 47). They were adopted initially in the 104th Congress to transfer functions incident to the abolishment of the Office of the Doorkeeper (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). For the history of the Office of the Doorkeeper, see Sec. 663a, infra.
Sec. 660. Cooperation with others. (f) The Sergeant-at-Arms shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations.
Chief Administrative Officer Before the House recodified its rules in the 106th Congress, paragraphs (e) and (f) were found in former clauses 5 and 6 of rule IV (H. Res. 5, Jan. 6, 1999, p. 47). They were adopted initially in the 104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). A conforming change was effected at the beginning of the 106th Congress in the name of the Committee on House Administration (H. Res. 5, Jan. 6, 1999, p. 47).
661. Duties. 4. (a) The Chief Administrative Officer shall have operational and financial responsibility for functions as assigned by the Committee on House Administration and shall be subject to the oversight of the Committee on House Administration.-
Sec. 662. Semiannual reports. (b) In addition to any other reports required by the Committee on House Administration, the Chief Administrative Officer shall report to the Committee on House Administration not later than 45 days following the close of each semiannual period ending on June 30 or December 31 on the financial and operational status of each function under the jurisdiction of the Chief Administrative Officer. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function.
[[Page 372]] ance of reviews and audits of financial records and administrative operations.
Sec. 663. Cooperation with others. (c) The Chief Administrative Officer shall fully cooperate with the appropriate offices and persons in the perform
Before the House recodified its rules in the 106th Congress, clause 4 was found in former rule V (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in this form in the 104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). It was amended in the 105th Congress to eliminate the supervisory role of the Speaker over the Chief Administrative Officer (H. Res. 5, Jan. 7, 1997, p. 121). A conforming change was effected at the beginning of the 106th Congress in the name of the Committee on House Administration (H. Res. 5, Jan. 6, 1999, p. 47). It was amended in the 107th Congress to reflect the removal of the requirement that the Committee on House Administration provide policy direction to the Chief Administrative Officer (sec. 2(g), H. Res. 5, Jan. 3, 2001, p. 25). The earlier form of the rule enumerated the duties of the Doorkeeper, which were transferred to the Sergeant-at-Arms incident to the abolishment of the Office of the Doorkeeper.
Sec. 663a. Former Office of Doorkeeper. Before the 104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463), rule V enumerated the duties of the Doorkeeper, who enforced the rules relating to the privileges of the Hall of the House. The earlier form of the rule was adopted in 1838 and amended in 1869, 1880 (I, 260), and 1890 (V, 7295). By law the Doorkeeper was assigned certain administrative duties (I, 262), including certain housekeeping functions. Through employees and appointees, the Doorkeeper also discharged various duties not enumerated in the law or in the rules, such as announcing at the door of the Hall of the House all messengers from the President and the Senate (V, 6591). The Clerk having died, and the Sergeant-at-Arms having been absent, the Doorkeeper of the 79th Congress presided at the organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 78th Congress, the House adopted a resolution on the death of the Doorkeeper and appointed a committee to attend his funeral (Jan. 28, 1943, pp. 421, 422).-
[[Page 373]] LII of the 102d Congress), the Speaker, the Majority Leader, and the Minority Leader jointly appointed the first Director of Non-legislative and Financial Services on October 23, 1992 (Oct. 29, 1992, p. 34802). Chaplain
Sec. 664. Former Director of Nonlegislative and Financial Services. The Chief Administrative Officer supplanted the Director of Non-legislative and Financial Services formerly provided for under clause 1 of rule VI in the 103d Congress, which corresponded to an erstwhile rule LII of the 102d Congress. Certain functions and entities formerly within the purview of elected officers were transferred to the Director of Non-legislative and Financial Services pursuant to the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040), which also vested the Committee on House Administration with authority to prescribe regulations providing for the orderly transfer of such functions and entities and any other transfers necessary for the improvement of non-legislative and financial services in the House, so long as not transferring a function or entity within the jurisdiction of the committee under rule X. Pursuant to clause 1 of rule VI of the 103d Congress (then still designated as rule
665. Duties of the Chaplain. 5. The Chaplain shall offer a prayer at the commencement of each day's sitting of the House.
Before the House recodified its rules in the 106th Congress, this clause was found in former rule VII (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in 1880 (I, 272), but the sessions of the House were opened with prayer from the first, and the Chaplain was an officer of the House before the adoption of the rule (I, 273-282). The Chaplain takes the oath prescribed for the officers of the House (VI, 31; Feb. 1, 1950, p. 1311). Prayer by the Chaplain is not business requiring the presence of a quorum and the Speaker declines to entertain a point of no quorum before prayer is offered (VI, 663; clause 7 of rule XX). There is no precedent for prayer to be offered by the Chaplain during a continuous session of the House, absent an adjournment or recess (compare Apr. 22 and 23, 1985, pp. 8753 and 8959). Form of resignation of the Chaplain (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097; Mar. 23, 2000, p. 3480; May 25, 2011, p. _). Form of resolution electing a Chaplain emeritus (VI, 31; Jan. 30, 1950, p. 1095; Nov. 10, 1999, p. 29493). Office of Inspector General During the 97th Congress, the Supreme Court held that employment of a chaplain for the legislative body of Nebraska did not violate the Establishment Clause of the first amendment to the Constitution. Marsh v. Chambers, 463 U.S. 783 (1983). The Court of Appeals cited the Marsh decision as controlling authority in a similar challenge to the House Chaplain. Murray v. Buchanan, 729 F.2d 689 (D.C. Cir. 1983). The House adopted a privileged resolution articulating its position in the Murray case (H. Res. 413, Mar. 30, 1982, p. 5890).
667. Inspector General. 6. (a) There is established an Office of Inspector General.
[[Page 374]] (b) The Inspector General shall be appointed for a Congress by the Speaker, the Majority Leader, and the Minority Leader, acting jointly. (c) Subject to the policy direction and oversight of the Committee on House Administration, the Inspector General shall only-- (1) provide audit, investigative, and advisory services to the House and joint entities in a manner consistent with government-wide standards; (2) inform the officers or other officials who are the subject of an audit of the results of that audit and suggesting appropriate curative actions; (3) simultaneously notify the Speaker, the Majority Leader, the Minority Leader, and the chair and ranking minority member of the Committee on House Administration in the case of any financial irregularity discovered in the course of carrying out responsibilities under this clause; (4) simultaneously submit to the Speaker, the Majority Leader, the Minority Leader, and the chair and ranking minority member of the Committee on Appropriations and the Committee on House Administration a report of each audit conducted under this clause; and [[Page 375]] (5) report to the Committee on Ethics information involving possible violations by a Member, Delegate, Resident Commissioner, officer, or employee of the House of any rule of the House or of any law applicable to the performance of official duties or the discharge of official responsibilities that may require referral to the appropriate Federal or State authorities under clause 3(a)(3) of rule XI. Before the House recodified its rules in the 106th Congress, this clause was found in former rule VI (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in this form at the beginning of the 104th Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. 463). Later in the 104th Congress and in the 106th Congress it was amended to effect a technical correction (H. Res. 254, Nov. 30, 1995, p. 35077; H. Res. 5, Jan. 6, 1999, p. 47). Its predecessor form was composed in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49) by combining two rules adopted in the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. 9040). Paragraph (c)(1) was amended, and gender- based references were eliminated, in the 111th Congress (secs. 2(a), 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Paragraph (c)(5) was amended in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Paragraph (c)(4) was amended in the 113th Congress to add the Committee on Appropriations (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). In the form of the rule adopted in the 103d Congress, paragraph (a) (formerly clause 1) corresponded to an erstwhile rule LII of the 102d Congress (relating to the Director of Non-legislative and Financial Services, who in the 104th Congress was supplanted by the Chief Administrative Officer; see clause 4 of rule II, Sec. Sec. 661-663, supra), and paragraph (b) (formerly clause 2) corresponded to an erstwhile rule LIII of the 102d Congress (relating to the Inspector General). The 104th Congress rewrote clause 2 of rule VI (as it was composed in the 103d Congress) to occupy all of rule VI and to: broaden the auditing responsibilities beyond the offices of the elected officers (paragraph (c)(1), formerly clause 2(c)(1)); add requirements for simultaneous reporting (paragraphs (c)(3) and (4), formerly clauses 2(c)(3) and (4)); delete a provision relating to classification of employees (formerly clause 2(d)); and add the responsibility to report certain information to the Committee on Ethics (paragraph (c)(5)) (sec. 201, H. Res. 6, Jan. 4, 1995, p. 464). The 104th Congress also mandated that the Inspector General, in consultation with the Speaker and the Committee on House Administration, procure an independent and comprehensive audit of House financial records and administrative operations and report the results thereof in accord with this rule (sec. 107, H. Res. 6, Jan. 4, 1995, p. 463). [[Page 376]] Office of the Historian
Sec. 668. Former Office of the Postmaster. Until the 102d Congress, former rule VI provided for an Office of the Postmaster, which supervised the post offices of the House and the delivery of its mail. The earlier form of the rule was adopted in 1838 and amended in 1880 (I, 270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and 1972 (H. Res. 1153, 92d Cong., pp. 36013-15). The Office of the Postmaster was abolished during the 102d Congress by the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040).
669. Historian. 7. There is established an Office of the Historian of the House of Representatives. The Speaker shall appoint and set the annual rate of pay for employees of the Office of the Historian.
Office of General Counsel Before the House recodified its rules in the 106th Congress, this provision was found in former clause 10 of rule I (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). The second sentence was added in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). An earlier form of this clause provided for the seven-year establishment of an Office for the Bicentennial to coordinate the commemoration of the 200th anniversary of the House of Representatives (H. Res. 621, 97th Cong., Dec. 17, 1982, p. 31951). The management, supervision, and administration of the office was under the direction of the Speaker and was staffed by a professional historian appointed by the Speaker on a nonpartisan basis. In 1984 the Office of the Bicentennial was removed from the standing rules and established by law for the remainder of its existence in P.L. 98-367 (2 U.S.C. 29c). Apart from the Office of the Historian, the History of the House Awareness and Preservation Act requires the Librarian of Congress to prepare a new and complete written history of the House in consultation with the Committee on House Administration (2 U.S.C. 183). The Act also requires the Librarian to accept for deposit, preserve, maintain, and make accessible an oral history of the House as told by its Members and former Members (2 U.S.C. 183a). [[Page 377]] pay for employees of the Office of General Counsel.
670. General Counsel. 8. There is established an Office of General Counsel for the purpose of providing legal assistance and representation to the House. Legal assistance and representation shall be provided without regard to political affiliation. The Office of General Counsel shall function pursuant to the direction of the Speaker, who shall consult with a Bipartisan Legal Advisory Group, which shall include the majority and minority leaderships. The Speaker shall appoint and set the annual rate of
Before the House recodified its rules in the 106th Congress, this provision was found in former clause 11 of rule I (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). The previous year, in the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040), the House had directed the Committee on House Administration to provide for an Office of General Counsel in a manner ensuring appropriate coordination with and participation by both the majority and minority leaderships in matters of representation and litigation. The General Counsel is authorized by law to appear in any proceeding before a State or Federal court (except the United States Supreme Court) without compliance with admission requirements of such court (2 U.S.C. 130f(a)). Furthermore, the law requires the Attorney General to notify the General Counsel of a determination not to appeal a court decision affecting the constitutionality of an Act (2 U.S.C. 130f(b)). The House may authorize the General Counsel to represent a committee or take other action in a judicial proceeding (Feb. 14, 2008, p. 2191; sec. 4(f), H. Res. 5, Jan. 6, 2009, p. 10; June 28, 2012, p. _; sec. 4(a)(2), H. Res. 5, Jan. 3, 2013, p. _). The House has authorized the Bipartisan Legal Advisory Group to continue civil actions begun in the previous Congress, and has asserted that the Group articulates the institutional position of the House in all litigation matters in which it appears (sec. 4(a)(1), H. Res. 5, Jan. 3, 2013, p. _). Rule III Voting the members, delegates, and resident commissioner of puerto rico
671. Personal interest. 1. Every Member shall be present within the Hall of the House during its sittings, unless excused or necessarily prevented, and shall vote on each question put, unless having a direct personal or pecuniary interest in the event of such question.
[[Page 378]] 3 of rule XX. This clause was adopted initially in 1789, with amendment in 1890 (V, 5941). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this clause was found in former clause 1 of rule VIII (H. Res. 5, Jan. 6, 1999, p. 47). When the House recodified its rules, it consolidated former rule VIII, rule XII, and clause 6(h) of rule X under rule III, except that viable provisions of former clause 2 of rule VIII were transferred to current clause Leaves of absence are presented pending the motion to adjourn (IV, 3151), and are usually granted by unanimous consent, but sometimes are opposed or even refused (II, 1142-1145). Application for leave of absence is properly presented by filing with the Clerk the printed form to be secured at the desk rather than by oral request from the floor (VI, 199). Whether or not they are privileged is a matter of doubt (II, 1146, 1147). Excuses for absence, as distinguished from leaves of absence, may be granted by less than a quorum (IV, 3000-3002). The statutes provide that deductions may be made from the salaries of Members who are absent without sufficient excuse (II, 1149, 1150); and although this law has been enforced (IV, 3011, footnote; VI, 30, 198), its general application is not practical under modern conditions. Form of resolution for the arrest of Members absent without leave (VI, 686).
Sec. 672. Control of a Member's own vote. It has been found impracticable to enforce the provision requiring every Member to vote (V, 5942-5948), and such question, even if entertained, may not interrupt a pending record vote (V, 5947). The weight of authority also favors the idea that there is no authority in the House to deprive a Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967; VIII, 3072). In one or two early instances the Speaker decided that because of personal interest, a Member should not vote (V, 5955, 5958); but on all other occasions and in the later practice the Speaker has held that the Member and not the Chair should determine this question (V, 5950, 5951; VIII, 3071; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill, Mar. 1, 1979, p. 3748; July 30, 1996, p. 19952; July 16, 2009, pp. 18125, 18126), and the Speaker has denied the Speaker's own power to deprive a Member of the constitutional right to vote (V, 5956; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill, Mar. 1, 1979, p. 3748).
The House has at times excused Members from voting in cases of personal interest (III, 2294; V, 5962; Aug. 2, 1949, pp. 10591, 10592; Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p. 11930; July 12, 1956, p. 12566). [[Page 379]] A Member should not vote on direct questions affecting that Member, but has sometimes voted on incidental questions (V, 5960, 5961).
Sec. 673. Nature of disqualifying personal interest. It is a principle of ``immemorial observance'' that a Member should withdraw when a question concerning that Member arises (V, 5949); but it has been held that the disqualifying interest must be such as affects the Member directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952; VIII, 3071, 3072; Speaker Bankhead, May 31, 1939, p. 6359; Speaker Albert, Dec. 2, 1975, p. 38135). In a case in which question affected the titles of several Members to their seats, each refrained from voting in his own case, but did vote on the identical cases of his associates (V, 5957, 5958).
Sec. 674. Voting. 2. (a) A Member may not authorize any other person to cast the vote of such Member or record the presence of such Member in the House or the Committee of the Whole House on the state of the Union.
(b) No other person may cast a Member's vote or record a Member's presence in the House or the Committee of the Whole House on the state of the Union. Delegates and the Resident Commissioner Before the House recodified its rules in the 106th Congress, this clause was found in former clause 3 of rule VIII (H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The Committee on Standards of Official Conduct (now Ethics) recommended this addition to the rules in its May 15, 1980, report on voting anomalies that had occurred in the House (H. Rept. 96-991), and the House adopted the rule in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113). Even before the addition of this clause, however, ``ghost voting'' was considered unethical (VII, 1014; Dec. 18, 1987, p. 36274).
675. Committee service. 3. (a) Each Delegate and the Resident Commissioner shall be elected to serve on standing committees in the same manner as Members and shall possess in such committees the same powers and privileges as the other members of the committee.
[[Page 380]] pletely revised in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49) to provide that each of the Delegates and the Resident Commissioner be elected to committees of the House on the same bases, vote in any committees on which they serve, and vote on questions arising in the Committee of the Whole House on the state of the Union. The latter power was affected by former clause 2(d) of rule XXIII (later changed to clause 6(h) of rule XVIII) (providing for immediate reconsideration in the House of questions resolved in the Committee of the Whole by a margin within which the votes of Delegates and the Resident Commissioner were decisive; see Sec. 985, infra). The changes effected in the 103d Congress were revoked in the 104th Congress (sec. 212, H. Res. 6, Jan. 4, 1995, p. 462), reinstated in the 110th Congress (H. Res. 78, Jan. 24, 2007, p. 2140), and revoked in the 112th Congress (sec. 2(e)(4), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XII (H. Res. 5, Jan. 6, 1999, p. 47). The first form of paragraph (a) was adopted in 1871, and it was perfected by amendments in 1876, 1880, 1887, and 1892 (II, 1297). Reference to the Resident Commissioner was first found in 1904 (II, 1306). Paragraph (a) was again amended on January 2, 1947 (Legislative Reorganization Act of 1946), August 2, 1949 (p. 10618), February 2, 1951 (p. 883), January 22, 1971 (H. Res. 5, 92d Cong., p. 144), January 3, 1973 (H. Res. 6, 93d Cong., p. 26), January 3, 1991 (H. Res. 5, 102d Cong., p. 39), and January 5, 2011 (H. Res. 5, Jan. 5, 2011, p. _) (technical correction). Paragraph (a) was com The constitutionality of granting to Delegates the right to vote in the Committee of the Whole under the former rule, as circumscribed by former clause 2(d) of rule XXIII (later changed to clause 6(h) of rule XVIII), was upheld based on the premise that immediate ``revote'' where votes cast by Delegates had been decisive rendered their votes merely symbolic and not an investment of true legislative power. Michel v. Anderson, 14 F.3d 623 (D.C. Cir. 1994). The Office of Delegate was established by ordinance of the Continental Congress and confirmed by a law of Congress (I, 400, 421). The nature of the office has been the subject of much discussion (I, 400, 403, 473); and except as provided by law (I, 431, 526) the qualifications of the Delegate also have been a matter of discussion (I, 421, 423, 469, 470, 473). A territory or district must be organized by law before the House will admit a Delegate (I, 405, 407, 411, 412). The Office of Delegate from the District of Columbia was established by Public Law 91-405 (84 Stat. 845). The Offices of Delegate from the Territories of Guam and the Virgin Islands were established by Public Law 92-271 (86 Stat. 118). The Office of Delegate from American Samoa was established by Public Law 95- 556 (92 Stat. 2078) and was first filled by the general Federal election of 1980. The Office of Delegate from the Commonwealth of the Northern Mariana Islands was established by Public Law 110-229 (122 Stat. 868). The Office of Resident Commissioner was established (with a four-year term) by the Act of March 2, 1917 (39 Stat. 963; 48 U.S.C. 891). The Act of May 17, 1932, changed the name of Porto Rico to Puerto Rico (48 U.S.C. 731a). Under an earlier practice, Delegates did not vote in committee (VI, 243); but this had not always been so (II, 1301). The Resident Commissioner, who under the rules of the 91st and earlier Congresses, was designated as an additional member of the Committees on Agriculture, Armed Services, and Interior and Insular Affairs, is now elected to committees in the same fashion as are other Members. [[Page 381]] (II, 1291, 1292), and may make a point of order (VI, 240). A Delegate has even moved an impeachment (II, 1303). However, a resolution offered from the floor to permit the Delegate of the District of Columbia to vote on the articles of impeachment against the President was held not to constitute a question of the privileges of the House under rule IX (Dec. 18, 1998, p. 27825). A Delegate may be appointed a teller (II, 1302); but the law forbids a Delegate to vote (II, 1290). A Delegate has been recognized to object to the consideration of a bill (VI, 241), to a unanimous-consent request to concur in a Senate amendment (June 29, 1984, p. 20267), and has made reports for committees (July 1, 1958, p. 12870). A discharge petition may not be signed by a Delegate or the Resident Commissioner, even by unanimous consent (Oct. 1, 2003, p. 23853) because the phrase in clause 2 of rule XV ``a majority of the total membership of the House'' is construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509), not including Delegates or the Resident Commissioner. The rights and prerogatives of Delegates in parliamentary matters are not limited to legislation affecting their own territory (VI, 240). Under paragraph (a), the Delegates and the Resident Commissioner are counted for purposes of establishing a quorum in a Committee of the Whole (Feb. 8, 2007, p. 3550). The law provides that on the floor of the House a Delegate may debate (II, 1290), and may in debate call a Member to order (II, 1295), may make any motion that a Member may make except the motion to reconsider At the organization of the House, the Delegates and Resident Commissioner are sworn (I, 400, 401); but the Clerk does not put them on the roll (I, 61, 62; Jan. 6, 1999, p. 41). A Delegate resigns in a communication addressed to the Speaker (II, 1304). A Delegate may be arrested and censured for disorderly conduct (II, 1305), but there has been disagreement as to whether expulsion is by a majority or two-thirds vote (I, 469). The privileges of the floor with the right to debate were extended to Resident Commissioners in the 60th Congress (VI, 244). Before the independence of the Philippines it was represented in the House by a Resident Commissioner (Deschler, ch. 7, Sec. 3.3).
Sec. 676. Appointment to select and conference committees. (b) The Delegates and the Resident Commissioner may be appointed to any select committee and to any conference committee.
[[Page 382]] Before the House recodified its rules in the 106th Congress, paragraph (b) was found in former clause 6(h) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). Paragraph (b), effective January 3, 1975, initially authorized the appointment of Delegates and the Resident Commissioner to certain conferences (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph (b) was amended in the 96th Congress to authorize their appointment to select committees (H. Res. 5, Jan. 15, 1979, pp. 7-16), and again in the 103d Congress to authorize their appointment to any conference (H. Res. 5, Jan. 5, 1993, p. 49). Before the adoption and refinement of this paragraph, a Delegate or the Resident Commissioner could not be appointed to a conference committee (Sept. 18, 1973, p. 30144; July 20, 1973, p. 25201); and they could be appointed to a select committee only with the permission of the House (Sept. 21, 1976, p. 31673). Rule IV Use and admittance the hall of the house
677. Use of the Hall of the House. 1. The Hall of the House shall be used only for the legislative business of the House and for caucus and conference meetings of its Members, except when the House agrees to take part in any ceremonies to be observed therein.
When the House recodified its rules in the 106th Congress, it consolidated former rules XXXI, XXXII, and XXXIII under rule IV, and clause 1 was found in former rule XXXI (H. Res. 5, Jan. 6, 1999, p. 47). Rules relating to the use of the Hall were adopted as early as 1804. The present form of this clause dates from 1880 (V, 7270). It was renumbered January 3, 1953 (p. 24). A technical amendment to this clause, in conjunction with one to clause 2(b), was effected in the 112th Congress (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. _). The Speaker has announced standards for use of the Chamber when the House is not in session (Speaker Pelosi, Jan. 6, 2009, p. 25; Speaker Boehner, Jan. 5, 2011, _; Speaker Boehner, Jan. 3, 2013, _).
Sec. 678. Persons and officials admitted to the floor during sessions of the House. 2. (a) Only the following persons shall be admitted to the Hall of the House or rooms leading thereto:
(1) Members of Congress, Members-elect, and contestants in election cases during the pendency of their cases on the floor. [[Page 383]] (2) The Delegates and the Resident Commissioner. (3) The President and Vice President of the United States and their private secretaries. (4) Justices of the Supreme Court. (5) Elected officers and minority employees nominated as elected officers of the House. (6) The Parliamentarian. (7) Staff of committees when business from their committee is under consideration, and staff of the respective party leaderships when so assigned with the approval of the Speaker. (8) Not more than one person from the staff of a Member, Delegate, or Resident Commissioner when that Member, Delegate, or Resident Commissioner has an amendment under consideration (subject to clause 5). (9) The Architect of the Capitol. (10) The Librarian of Congress and the assistant in charge of the Law Library. (11) The Secretary and Sergeant-at-Arms of the Senate. (12) Heads of departments. (13) Foreign ministers. (14) Governors of States. (15) Former Members, Delegates, and Resident Commissioners; former Parliamentarians of the House; and former elected officers and minority employees nominated as elected officers of the House (subject to clause 4). [[Page 384]] ommendation of that committee is under consideration in the House. (16) One attorney to accompany a Member, Delegate, or Resident Commissioner who is the respondent in an investigation undertaken by the Committee on Ethics when a rec (17) Such persons as have, by name, received the thanks of Congress. (b) The Speaker may not entertain a unanimous consent request or a motion to suspend this clause or clauses 1, 3, 4, or 5. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 1 of rule XXXII (H. Res. 5, Jan. 6, 1999, p. 47). It was subjected to many changes from 1802 until 1880 (V, 7283; VIII, 3634) and was renumbered in the 83d Congress (Jan. 3, 1953, p. 24). The rule was amended in the 92d Congress to include the Delegate from the District of Columbia among those having the privilege of the floor (H. Res. 5, Jan. 22, 1971, p. 144), and later in that Congress was revised to grant all Delegates the privilege (H. Res. 1153, Oct. 13, 1972, pp. 36021-23). The latter revision was necessary because of the enactment of Public Law 92-271, which created the positions of Delegate from Guam and Delegate from the Virgin Islands. Officers and elected employees, both present and former, were given floor privileges by the adoption of this same resolution (H. Res. 1153, Oct. 13, 1972, p. 36013) but had in fact, by custom, been permitted on the floor before this change. This clause was substantially amended in the 94th Congress (H. Res. 1435, Oct. 1, 1976, pp. 35175-80) and was amended by the Ethics Reform Act of 1989 to permit floor privileges for one attorney for a Member-respondent during consideration of a disciplinary resolution (P.L. 101-194, Nov. 30, 1989). Clause 2(a)(7) was amended in the 108th Congress to extend floor privileges to party leadership staff when so assigned with the approval of the Speaker (sec. 2(d), H. Res. 5, Jan. 7, 2003, p. 7). This amendment codified current practice, including the Speaker's ultimate control over such assignments. In the 112th Congress, paragraph (a)(16) was amended to reflect a change in committee name and paragraph (b) was amended to clarify the breadth of the restriction on suspending various prohibitions of rule IV, which had been unintentionally narrowed by recodification in the 106th Congress (secs. 2(e)(8), 2(f)(2), H. Res. 5, Jan. 5, 2011, p. _). [[Page 385]] The portion of this clause that permits clerks of committees access to the floor during the consideration of business from their committees has been interpreted by the Speaker to allow four professional staff members and one clerk on the floor at one time (Speaker Albert, June 8, 1972, p. 20318; Speaker O'Neill, Jan. 26, 1977, p. 2333). The Legislative Reorganization Act of 1970, section 503(3) (84 Stat. 1140, 1202; 2 U.S.C. 281b(3)), also allows two staff members of the Legislative Counsel access to the floor to assist the committee. The portion of the clause forbidding the Speaker to entertain requests for suspension of certain clauses applies also to the chair of the Committee of the Whole (V, 7285) but the House may grant specific access by resolution (e.g., July 26, 2010, p. _). ``Heads of departments'' means members of the President's Cabinet, and not subordinate executive officers, and ``foreign ministers'' means ministers from foreign governments only. ``Governors of States'' does not include governors of territories (V, 7283; VIII, 3634). An alleged violation of the rule relating to admission to the floor presents a question of privilege (III, 2624, 2625; VI, 579), but not a higher question of privilege than an election case (III, 2626). In one case in which a former Member was abusing the privilege, he was excluded by direction of the Speaker (V, 7288), but in another case the Speaker declared it a matter for the House and not the Chair to consider (V, 7286). In one case an alleged abuse was inquired into by a select committee (V, 7287). See Sec. 680, infra, for the rule constraining conduct of former Members, Delegates, the Resident Commissioner, officers, and staff while on the floor. The Speaker announced an intention to strictly enforce the rule to prevent a proliferation of committee and other staff on the floor (Aug. 22, 1974, p. 30027; Jan. 19, 1981, p. 402; Jan. 25, 1983, p. 224). The Speaker announced that committee staff would be required to display staff badges on the floor in exchange for identification cards before admission to the floor (Speaker O'Neill, Jan. 21, 1986, p. 5; Jan. 5, 1993, p. 105). It is not in order to refer to persons on the floor of the House as guests of the House, such as Members' children (Apr. 28, 1994, p. 8783; Dec. 19, 1995, p. 37575; Jan. 22, 1996, p. 682; Apr. 30, 1998, p. 7320; June 17, 2004, p. 12847; Aug. 1, 2011, p. _), other children (May 18, 1995, p. 13490; Oct. 7, 1999, p. 24425; Apr. 25, 2013, p. _), or Senators exercising floor privileges (May 18, 1995, p. 13491).
Sec. 679. Admission to the floor when the House is not sitting. 3. (a) Except as provided in paragraph (b), all persons not entitled to the privilege of the floor during the session shall be excluded at all times from the Hall of the House and the cloakrooms.
[[Page 386]] (b) Until 15 minutes of the hour of the meeting of the House, persons employed in its service, accredited members of the press entitled to admission to the press gallery, and other persons on request of a Member, Delegate, or Resident Commissioner by card or in writing, may be admitted to the Hall of the House. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2 of rule XXXII (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in 1902 (V, 7346).
Sec. 680. Former Members and officers. 4. (a) A former Member, Delegate, or Resident Commissioner; a former Parliamentarian of the House; or a former elected officer of the House or former minority employee nominated as an elected officer of the House shall not be entitled to the privilege of admission to the Hall of the House and rooms leading thereto if such individual--
(1) is a registered lobbyist or agent of a foreign principal as those terms are defined in clause 5 of rule XXV; (2) has any direct personal or pecuniary interest in any legislative measure pending before the House or reported by a committee; or (3) is in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any legislative proposal. (b) The Speaker may promulgate regulations to carry out this rule including regulations that exempt ceremonial or educational functions from the restrictions of this clause. [[Page 387]] in paragraph (b), and eliminated a gender-based reference (secs. 2(l), 2 (m), H. Res. 5, Jan. 6, 2009, pp. 7, 9). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 3 of rule XXXII (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in the 94th Congress (H. Res. 1435, Oct. 1, 1976, pp. 35175-80) to consolidate in one place and to clarify the restrictions on admittance to the floor of former Members, officers, and employees and to give the Speaker the power to promulgate regulations to enforce the rule. The form of the rule adopted during the 109th Congress established plainer proscriptions with respect to registered lobbyists, agents of foreign principals, and persons with similar representational roles and specified particular exercises of regulatory authority by the Speaker (H. Res. 648, Feb. 1, 2006, p. 540). The 111th Congress clarified the authority of the Speaker over the entire rule and not merely the exemptions specified As early as 1945 the Chair held that former Members do not have the privilege of the floor when they are personally interested in legislation (Speaker Rayburn, Oct. 2, 1945, p. 9251). Pursuant to the authority granted by this clause, Speakers have issued regulations from time to time (Speaker O'Neill, Jan. 6, 1977, p. 321; Speaker Foley, June 9, 1994, p. 12387; Speaker Gingrich, May 24, 1995, p. 14300; Speaker Gingrich, Aug. 1, 1996, p. 21031; Speaker Hastert, Feb. 1, 2006, p. 644; Speaker Pelosi, Jan. 5, 2007, p. 273). A former Member has not been entitled to the privileges of the floor under this clause if (1) having a direct personal or pecuniary interest in legislation under consideration in the House or reported by any committee, or (2) representing any party or organization for the purpose of influencing the disposition of legislation pending before the House, reported by any committee or under consideration in any committee or subcommittee (June 7, 1978, p. 16625). The essence of the rule has been the former Member's status as one with a personal or pecuniary interest and not whether the former Member may have a present intent to lobby (Speaker Foley, June 9, 1994, p. 12387). Even before the adoption of a more categorical form of the rule during the 109th Congress, intent to lobby was assumed if a former Member was employed or retained as a lobbyist to influence legislative measures as described in (2) above (Aug. 1, 1996, p. 21031). The Speaker has emphasized that the rule applies not only to the floor but also to ``rooms leading thereto,'' and has construed the latter phrase to include, for example, the Speaker's Lobby and the cloakrooms (Speaker Gingrich, May 24, 1995, p. 14300; Aug. 1, 1996, p. 21031) and the Rayburn Room (Feb. 1, 2006, p. 541). A former Member must observe the rules of proper decorum while on the floor, and the Chair may direct the Sergeant-at-Arms to assist the Chair in maintaining such decorum (Sept. 17, 1997, pp. 19026, 19027). A former Member may not manifest approval or disapproval of the proceedings (VIII, 3635). In the 105th Congress the House adopted a resolution offered as a question of the privileges of the House alleging indecorous behavior of a former Member and instructing the Sergeant-at-Arms to ban the former Member from the floor, and rooms leading thereto, until the resolution of a contested election to which he was party (H. Res. 233, Sept. 18, 1997, p. 19340). [[Page 388]] admitted under clause 2, may not engage in efforts in the Hall of the House or rooms leading thereto to influence Members with regard to the legislation being amended. Such persons shall remain at the desk and are admitted only to advise the Member, Delegate, Resident Commissioner, or committee responsible for their admission. A person who violates this clause may be excluded during the session from the Hall of the House and rooms leading thereto by the Speaker.
Sec. 681. Members' staff. 5. A person from the staff of a Member, Delegate, or Resident Commissioner may be admitted to the Hall of the House or rooms leading thereto under clause 2 only upon prior notice to the Speaker. Such persons, and persons from the staff of committees
Gallery Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4 of rule XXXII (H. Res. 5, Jan. 6, 1999, p. 47). This clause was added initially in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to extend the privilege of the floor to one person from the staff of a Member having an amendment under consideration but not of a measure's sponsor or during special-order speeches. The Speaker promulgated regulations for the implementation of this clause on January 26, 1977 (p. 2333). In the 97th Congress the Speaker announced that personal staff of Members did not have the privilege of the floor and that committee staff, permitted on the floor when business from their committees is under consideration, were required to remain unobtrusively by the committee tables (Aug. 18, 1982, p. 21934). Staff permitted on the floor under this clause are not permitted to distribute literature or otherwise attempt to influence Members in their votes (Aug. 1, 1990, p. 21519; Sept. 27, 1995, p. 26567) and may not applaud during debate (June 14, 1995, p. 15896). [[Page 389]] the cards of Members, Delegates, or the Resident Commissioner.
682. The various galleries and admission thereto. 6. (a) The Speaker shall set aside a portion of the west gallery for the use of the President, the members of the Cabinet, justices of the Supreme Court, foreign ministers and suites, and the members of their respective families. The Speaker shall set aside another portion of the same gallery for the accommodation of persons to be admitted on
(b) The Speaker shall set aside the southerly half of the east gallery for the use of the families of Members of Congress. The Speaker shall control one bench. On the request of a Member, Delegate, Resident Commissioner, or Senator, the Speaker shall issue a card of admission to the family of such individual, which may include their visitors. No other person shall be admitted to this section. Before the House recodified its rules in the 106th Congress, this provision was found in former rule XXXIII (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in 1880 (V, 7302) and renumbered January 3, 1953 (p. 24). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Prohibition on campaign contributions On special occasions the House sometimes makes a special rule for admission to the galleries (V, 7303), as on the occasion of the electoral count (III, 1961), of an address by the President, and of public funerals.
683. Prohibition on distribution of campaign contributions. 7. A Member, Delegate, Resident Commissioner, officer, or employee of the House, or any other person entitled to admission to the Hall of the House or rooms leading thereto by this rule, may not knowingly distribute a political campaign contribution in the Hall of the House or rooms leading thereto.
[[Page 390]] Before the House recodified its rules in the 106th Congress, this provision was found in former clause 5 of rule XXXIII (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Rule V broadcasting the house
Sec. 684. Broadcasting of House proceedings. 1. The Speaker shall administer, direct, and control a system for closed-circuit viewing of floor proceedings of the House in the offices of all Members, Delegates, the Resident Commissioner, and committees and in such other places in the Capitol and the House Office Buildings as the Speaker considers appropriate. Such system may include other communications functions as the Speaker considers appropriate. Any such communications shall be subject to rules and regulations issued by the Speaker.
2. (a) The Speaker shall administer, direct, and control a system for complete and unedited audio and visual broadcasting and recording of the floor proceedings of the House. The Speaker shall provide for the distribution of such broadcasts and recordings to news media, for the storage of audio and video recordings of the proceedings, and for the closed-captioning of the proceedings for hearing-impaired persons. (b) All television and radio broadcasting stations, networks, services, and systems (including cable systems) that are accredited to the House Radio and Television Correspondents' Galleries, and all radio and television correspondents who are so accredited, shall be provided access to the live coverage of the House. [[Page 391]] (c) Coverage made available under this clause, including any recording thereof-- (1) may not be used for any partisan political campaign purpose; (2) may not be used in any commercial advertisement; and (3) may not be broadcast with commercial sponsorship except as part of a bona fide news program or public affairs documentary program. 3. The Speaker may delegate any of the responsibilities under this rule to such legislative entity as the Speaker considers appropriate. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 9 of rule I (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted in the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 7). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The requirement that televised broadcasts of proceedings of the House be closed captioned for hearing-impaired individuals was added in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). The authority of the Speaker to make rules governing telecommunications functions within the House was added in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39) and broadened to all communications functions in the 113th Congress, along with a clarification that clause 2(a) applies to proceedings on the floor, and a clarification in clause 2(c)(1) of the restrictions on use of coverage (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). [[Page 392]] pp. 35425-37). The Speaker, after receipt of that report (H. Rept. 95- 881, Feb. 15, 1978), directed implementation of full audio coverage, with distribution to the media, on June 8, 1978 (p. 16746). Public Law 95-391 (Legislative Branch Appropriations Act, 1979) contained the following proviso: ``No funds in this bill may be used to implement a system for televising and broadcasting the proceedings of the House pursuant to House Resolution 866, Ninety-Fifth Congress, under which the TV cameras in the Chamber purchased by the House are controlled and operated by persons not in the employ of the House.'' In the 95th Congress the House considered as a question of the privileges of the House and adopted a resolution directing the Committee on Rules to investigate the impact on the safety, dignity, and integrity of House proceedings, of a test authorized by the Speaker under the Speaker's general control over the Hall of the House for the audiovisual broadcast of House proceedings within the Capitol and House Office Buildings (H. Res. 404, Mar. 15, 1977, p. 7608). The resolution directed the Committee on Rules to report to the House at the earliest practicable date its findings and recommendations, including whether such coverage should be made available to the public. The committee reported and the House adopted another resolution that: (1) authorized the Speaker to establish a closed-circuit system for in-House broadcasting of House proceedings; (2) directed the Committee on Rules to study methods for providing complete audio and visual broadcasting of House proceedings and to report to the House thereon; and (3) directed the Speaker after receipt of the committee's report to establish a system subject to his direction and control for audio and visual broadcast and recording of House proceedings and to provide for distribution and access to the news media (H. Res. 866, Oct. 27, 1977, Pursuant to this rule, the Speaker directed the Clerk in the 98th Congress to immediately implement periodic wide-angle television coverage of all ``special-order'' speeches at the end of legislative business (with captions at the bottom of the screen indicating that legislative business has been completed) (May 10, 1984, p. 11894) but not during ``interim'' special orders (Dec. 19, 1985, p. 38106). However, in the 103d and 104th Congresses, the Speaker prohibited wide- angle coverage but continued the caption at the bottom of the screen not only during special-order speeches but also during morning-hour debate (Speaker Foley, Feb. 11, 1994, p. 2244; Speaker Gingrich, Jan. 4, 1995, p. 551). In the 99th Congress, the House adopted a resolution, raised as a question of the privileges of the House, authorizing and directing the Speaker to provide for the audio and visual broadcast coverage of the Chamber while Members are voting (H. Res. 150, Apr. 30, 1985, p. 9821). Although paragraph (a) requires complete and unedited broadcast coverage of House proceedings, the House held (by tabling an appeal of a ruling of the Chair) that it does not require in-House microphone amplification of disorderly conduct by a Member following expiration of recognition for debate (Mar. 16, 1988, p. 4081). Rule VI Official reporters official reporters and news media galleries
685. Reporters of debates and committee stenographers. 1. Subject to the direction and control of the Speaker, the Clerk shall appoint, and may remove for cause, the official reporters of the House, including stenographers of committees, and shall supervise the execution of their duties.
[[Page 393]] vested in the Speaker (V, 6958); effective March 1, 1978 (H. Res. 959, Jan. 23, 1978, p. 431) those responsibilities were vested in the Clerk, subject to the direction and control of the Speaker. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 1 of rule XXXIV (H. Res. 5, Jan. 6, 1999, p. 47). From 1874 until March 1, 1978, the appointment and removal of the official reporters, and the manner of the execution of their duties, was The reporters of debates have played an important role in the evolution of the system by which the House compiles a daily verbatim report of its proceedings, made by its own corps of reporters (V, 6959). Since these reporters have become officers of the House a correction of the Congressional Record has been held a question of privilege (V, 7014- 7016). The House has directed the Clerk to provide a copy of the audio backup file of a committee deposition made by the reporters to the prosecuting attorney in a criminal proceeding (Feb. 17, 2012, p. _).
Sec. 686. Rules relating to Congressional Record. The arrangement, style, etc., of the Congressional Record is prescribed by the Joint Committee on Printing pursuant to 44 U.S.C. 901, 904 (see also VIII, 3500). The rules of the Joint Committee on Printing governing publication of the Congressional Record are as follows:
1. Arrangement of the daily Congressional Record.--The Public Printer shall arrange the contents of the daily Congressional Record as follows: The Senate proceedings shall alternate with the House proceedings in order of placement in consecutive issues insofar as such an arrangement is feasible, and Extensions of Remarks and Daily Digest shall follow: Provided, That the makeup of the Congressional Record shall proceed without regard to alternation whenever the Public Printer deems it necessary in order to meet production and delivery schedules. 2. Type and style.--The Public Printer shall print the report of the proceedings and debates of the Senate and House of Representatives, as furnished by the official reporters of the Congressional Record, in 8- point type; and all matter included in the remarks or speeches of Members of Congress, other than their own words, and all reports, documents, and other matter authorized to be inserted in the Congressional Record shall be printed in 7-point type; and all roll calls shall be printed in 6-point type. No italic or black type nor words in capitals or small capitals shall be used for emphasis or prominence; nor will unusual indentions be permitted. These restrictions do not apply to the printing of or quotations from historical, official, or legal documents or papers of which a literal reproduction is necessary. 3. Only as an aid in distinguishing the manner of delivery in order to contribute to the historical accuracy of the Record, statements or insertions in the Record where no part of them was spoken will be preceded and followed by a ``bullet'' symbol, i.e., (now applicable only in Senate). [[Page 394]] speech be printed in the Congressional Record of the day of its delivery if the manuscript is furnished later than 12 o'clock midnight. 4. Return of manuscript.--When manuscript is submitted to Members for revision it should be returned to the Government Printing Office not later than 9 o'clock p.m. in order to insure publication in the Congressional Record issued on the following morning; and if all of the manuscript is not furnished at the time specified, the Public Printer is authorized to withhold it from the Congressional Record for 1 day. In no case will a 5. Tabular matter.--The manuscript of speeches containing tabular statements to be published in the Congressional Record shall be in the hands of the Public Printer not later than 7 o'clock p.m. to insure publication the following morning. When possible, manuscript copy for tabular matter should be sent to the Government Printing Office 2 or more days in advance of the date of publication in the Congressional Record. Proof will be furnished promptly to the Member of Congress to be submitted by him instead of manuscript copy when he offers it for publication in the Congressional Record. 6. Proof furnished.--Proofs or ``leave to print'' and advance speeches will not be furnished the day the manuscript is received but will be submitted the following day, whenever possible to do so without causing delay in the publication of the regular proceedings of Congress. Advance speeches shall be set in the Congressional Record style of type, and not more than six sets of proofs may be furnished to Members without charge. 7. Notation of withheld remarks.--If manuscript or proofs have not been returned in time for publication in the proceedings, the Public Printer will insert the words ``Mr. __ addressed the Senate (House or Committee). His remarks will appear hereafter in Extensions of Remarks'' and proceed with the printing of the Congressional Record. 8. Thirty-day limit.--The Public Printer shall not publish in the Congressional Record any speech or extension of remarks which has been withheld for a period exceeding 30 calendar days from the date when its printing was authorized: Provided, That at the expiration of each session of Congress the time limit herein fixed shall be 10 days, unless otherwise ordered by the committee. 9. Corrections.--The permanent Congressional Record is made up for printing and binding 30 days after each daily publication is issued; therefore all corrections must be sent to the Public Printer within that time: Provided, That upon the final adjournment of each session of Congress the time limit shall be 10 days, unless otherwise ordered by the committee: Provided further, That no Member of Congress shall be entitled to make more than one revision. Any revision shall consist only of corrections of the original copy and shall not include deletions of correct material, substitutions for correct material, or additions of new subject matter. 10. The Public Printer shall not publish in the Congressional Record the full report or print of any committee or subcommittee when the report or print has been previously printed. This rule shall not be construed to apply to conference reports. However, inasmuch as rule XXII (Sec. 1082, infra) provides that conference reports be printed in the daily edition of the Congressional Record, they shall not be printed therein a second time. [[Page 395]] and then an extension from the copy of the other House, so that Senate and House extensions appear alternately as far as possible. The sequence for each House shall follow as closely as possible the order or arrangement in which the copy comes from the official reporters of the respective Houses. 11. Makeup of the Extensions of Remarks.--Extensions of Remarks in the Congressional Record shall be made up by successively taking first an extension from the copy submitted by the official reporters of one House The official reporters of each House shall designate and distinctly mark the lead item among their extensions. When both Houses are in session and submit extensions, the lead item shall be changed from one House to the other in alternate issues, with the indicated lead item of the other House appearing in second place. When only one House is in session, the lead item shall be an extension submitted by a Member of the House in session. This rule shall not apply to Congressional Records printed after the sine die adjournment of the Congress. 12. Official reporters.--The official reporters of each House shall indicate on the manuscript and prepare headings for all matter to be printed in Extensions of Remarks and shall make suitable reference thereto at the proper place in the proceedings. 13. Two-page rule--Cost estimate from Public Printer.--(1) No extraneous matter in excess of two printed Record pages, whether printed in its entirety in one daily issue or in two or more parts in one or more issues, shall be printed in the Congressional Record unless the Member announces, coincident with the request for leave to print or extend, the estimate in writing from the Public Printer of the probable cost of publishing the same. (2) No extraneous matter shall be printed in the House proceedings or the Senate proceedings, with the following exceptions: (a) Excerpts from letters, telegrams, or articles presented in connection with a speech delivered in the course of debate; (b) communications from State legislatures; (c) addresses or articles by the President and the Members of his Cabinet, the Vice President, or a Member of Congress. (3) The official reporters of the House or Senate or the Public Printer shall return to the Member of the respective House any matter submitted for the Congressional Record which is in contravention of these provisions. house supplement to ``laws and rules for publication of the congressional record''--effective august 12, 1986 [[Page 396]] 1. Extensions of Remarks in the daily Congressional Record.--When the House has granted leave to print (1) a newspaper or magazine article, or (2) any other matter not germane to the proceedings, it shall be published under Extensions of Remarks. This rule shall not apply to quotations which form part of a speech of a Member, or to an authorized extension of his own remarks: Provided, That no address, speech, or article delivered or released subsequently to the sine die adjournment of a session of Congress may be printed in the Congressional Record. One-minute speeches delivered during the morning business of Congress shall not exceed 300 words. Statements exceeding this will be printed following the business of the day. 2. Any extraneous matter included in any statement by a Member, either under the 1-minute rule or permission granted to extend at this point, will be printed in the ``Extensions of Remarks'' section, and that such material will be duly noted in the Member's statement as appearing therein. 3. Under the general leave request by the floor manager of specific legislation only matter pertaining to such legislation will be included as per the request. This, of course, will include tables and charts pertinent to the same, but not newspaper clippings and editorials. 4. In the makeup of the portion of the Record entitled ``Extensions of Remarks,'' the Public Printer shall withhold any Extensions of Remarks which exceed economical press fill or exceed production limitations. Extensions withheld for such reasons will be printed in succeeding issues, at the direction of the Public Printer, so that more uniform daily issues may be the end result and, in this way, when both Houses have a short session the makeup would be in a sense made easier so as to comply with daily proceedings, which might run extremely heavy at times. 5. The request for a Member to extend his or her remarks in the body of the Record must be granted to the individual whose remarks are to be inserted. 6. All statements for ``Extensions of Remarks,'' as well as copy for the body of the Congressional Record must be submitted on the Floor of the House to the Official Reporters of Debates and must carry the actual signature of the Member. Extensions of Remarks will be accepted up to 15 minutes after adjournment of the House. To insure printing in that day's proceedings, debate transcripts still out for revision must be returned to the Office of Official Reporters of Debates, Room HT-60, the Capitol, (1) by 5 p.m., or 2 hours following adjournment, whichever occurs later; or (2) within 30 minutes following adjournment when the House adjourns at 11 p.m., or later. [[Page 397]] 7. Pursuant to clause 8 of rule XVII of the Rules of the House, the Congressional Record shall be a substantially verbatim account of remarks made during the proceedings of the House, subject only to technical, grammatical, and typographical corrections authorized by the Member making the remarks involved. Unparliamentary remarks may be deleted only by permission or order of the House. Consistent with rule 9 of the Joint Committee on Printing Rules, any revision shall consist only of technical, grammatical, or typographical corrections of the original copy and shall not include deletions of correct material, substitutions for correct material, or additions of new subject matter. By obtaining unanimous consent to revise and extend, a Member will be able to relax the otherwise strict prohibition contained in clause 8 of rule XVII only in two respects: (1) to revise by technical, grammatical, and typographical corrections; and (2) to extend remarks in a distinctive type style to follow the remarks actually uttered. In no event would the actually uttered remarks be removable.
Sec. 687. Substantially verbatim account. The requirement of rule 7 of the supplemental rules that the Congressional Record be a substantially verbatim account of remarks actually rendered was included in clause 8(a) of rule XVII (formerly clause 9 of rule XIV) in the 104th Congress, with the prescription that that rule constitute a standard of conduct under clause 3(a)(2) of rule XI (formerly clause 4(e)(1)(B) of rule X) (sec. 213, H. Res. 6, Jan. 4, 1995, p. 468). Under clause 8 of rule XVII, remarks actually delivered may not be deleted and remarks inserted must appear in distinctive type (Jan. 4, 1995, p. 541). The Speaker has instructed the Official Reporters of Debates to adhere strictly to the requirement of rule 7 of the supplemental rules (Mar. 2, 1988, p. 2963; Feb. 3, 1993, p. 1980).
Words spoken by a Member not under recognition are not included in the Congressional Record (V, 6975-6978; VIII, 3466, 3471; Oct. 11, 2011, p. _) and a Member should not expect the official reporters to transcribe such remarks (Jan. 24, 2011, p. _) or the remarks of two Members speaking simultaneously (Oct. 11, 2011, p. _; Speaker Boehner, Jan. 23, 2012, p. _; Speaker Boehner, Feb. 26, 2013, p. _). For example the Record does not include remarks uttered: (1) after a Member has been called to order (July 29, 1994, p. 18609); (2) when a Member fails to heed the gavel at the expiration of time for debate (May 22, 2003, p. 12965; Oct. 2, 2003, p. 23950; July 25, 2012, p. _); (3) when a Member interrupts another during debate without being yielded to (Feb. 15, 2012, p. _) or otherwise recognized (as on a point of order) (Speaker O'Neill, Feb. 7, 1985, p. 2229). Remarks held irrelevant by the Chair may be removed from the Record by unanimous consent only (Mar. 20, 2002, p. 3663). In response to a parliamentary inquiry, the Chair advised that when the Pledge of Allegiance is delivered as the third element of the daily order of business, the Record reflects the pledge in its statutory form (Apr. 27, 2004, pp. 7588, 7600). The Chair announced the Record-printing policy regarding remarks in debate uttered in languages other than English, to deny transcription in the foreign language (unless a transcript is provided in a language that the Government Printing Office can print) and to require Members to submit translations for distinctive printing in the Record in English as a revision of remarks (Mar. 4, 1998, p. 2535; see also Feb. 25, 2003, p. 4402; Mar. 15, 2013, p. _). [[Page 398]] Foley, Oct. 27, 1990, p. 37124). In the 104th Congress the Speaker ruled that the requirement of clause 8 of rule XVII (formerly clause 9 of rule XIV) that the Record be a substantially verbatim account of remarks made during House proceedings extended to statements and rulings of the Chair (Jan. 20, 1995, p. 1866). Under long practice and applicable precedents and guidelines, the Chair has refined rulings on points of order in the Record in order to clarify them without changing their substance, including those sustained by the House on appeal (Feb. 19, 1992, p. 2461; see H. Res. 230, 99th Cong., July 31, 1985, p. 21783, and H. Rept. 99-228). In accordance with existing accepted practices, the Speaker customarily made such technical or parliamentary corrections or insertions in the transcript of a ruling or statement by the Chair as may have been necessary to conform to rule, custom, or precedent (see H. Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of House Administration task force on Record inserted by Speaker The Congressional Record is for the proceedings of the House and Senate only, and matters not connected therewith are rigidly excluded (V, 6962). It is not, however, the official record, that function being fulfilled by the Journal (IV, 2727). Because the Record is maintained as a substantially verbatim account of the proceedings of the House (44 U.S.C. 901), the Speaker will not entertain a unanimous-consent request to give a special-order speech ``off the Record'' (June 24, 1992, p. 16131). As a general principle the Speaker has no control over the Record (V, 6984, 7017). The traditional practice to allow Members, with the approval of the House and under conditions set forth by the Joint Committee on Printing, to revise remarks before publication in the Congressional Record (V, 6971, 7024; VIII, 3500) should be interpreted in light of clause 8 of rule XVII and rule 7 of the supplemental rules of the Joint Committee on Printing, which require the Record to be a substantially verbatim account of remarks made during House proceedings (see Sec. 686, supra, and Sec. Sec. 967, 968, infra). In any event, a Member should not change the notes of the Member's own speech in such a way as to affect the remarks of another without bringing the correction to the attention of that Member (V, 6972; VIII, 3461) because such alterations require authorization by the House (VIII, 3463, 3497). Where a Member so revised his remarks as to affect the import of words uttered by another Member, the House corrected the Record (V, 6973). A Member is not entitled to inspect the reporter's notes of remarks that do not contain reflections on that Member, delivered by another Member and withheld for revision (V, 6964). [[Page 399]]
Sec. 688. Relations of the Committee of the Whole to the Congressional Record. As a general rule the Committee of the Whole has no control over the Congressional Record (V, 6986); but the chairman in the preservation of order may direct the exclusion of disorderly words spoken by a Member after a call to order (V, 6987). In a case wherein a letter read in Committee involved a breach of privilege, the Committee reported the matter to the House for action, and the House struck the letter from the Record (V, 6986). The chair of the Committee of the Whole does not determine the privileges of a Member under a general leave to print in the Record, that being for the House alone (V, 6988). The Committee of the Whole may neither grant a general leave to print, although for convenience it does permit individual Members to extend their remarks (V, 7009, 7010; VIII, 3488-3490; Aug. 31, 1965, p. 22385), nor permit the inclusion of extraneous material (Jan. 23, 1936, p. 950; Feb. 1, 1937, p. 656; Sept. 19, 1967, p. 26032).
Sec. 689. Correction of the Congressional Record. Although the House controls the Congressional Record, the Speaker with the assent of the House laid down the principle that words spoken by a Member in order might not be changed by the House, because this would be determining what a Member should utter on the floor (V, 6974; VI, 583; VIII, 3469, 3498). Neither should one House strike matter placed in the Record by permission of the other House (V, 6966). But the House may correct the speech of one of its Members so that it may record faithfully what was actually said (V, 6972). Similarly, a motion to correct the Record has been entertained to allow a Member to print in a subsequent edition of the daily Record the correct text of an amendment offered on a previous day and that had been substantially misprinted in the daily Record for the day on which it was offered (Deschler, ch. 5, Sec. 18.6). In addition, privileged motions have been permitted to correct the Record as follows: (1) striking unparliamentary words inserted in the Record (Deschler, ch. 5, Sec. 17); (2) correcting the Record where the remarks of one Member have been attributed to another (Deschler, ch. 5, Sec. Sec. 18.1, 18.2); (3) correcting the Record where a Member has improperly altered his remarks during an exchange of colloquy with another Member (Deschler, ch. 5, Sec. 18.9). Mere typographical errors in the Record or ordinary revisions of a Member's remarks do not give rise to privileged motions for the correction of the Record (Apr. 25, 1985, p. 9419), because such changes for the permanent edition of the Record may be made without the permission of the House (Deschler, ch. 5, Sec. 19) (subject to clause 8 of rule XVII). The House does not change the Record merely to show what a Member should have said during debate (Deschler, ch. 5, Sec. 18).
Furthermore, the Speaker declines to entertain unanimous-consent requests to correct the Record on a vote taken by electronic device, based upon the presumed accuracy of the electronic system and the ability and responsibility of each Member to verify votes (Feb. 6, 1973, p. 3558; Apr. 18, 1973, p. 13081; Dec. 3, 1974, p. 37897). It also has been held that a Member may not, in a controversy over a proposed correction of the Record as to a matter of business, demand as a matter of right the reading of the reporter's notes (V, 6967; VIII, 3460). [[Page 400]] corrections are sometimes considered by the Committee on House Administration. The accuracy and propriety of reports in the Congressional Record constitute questions of the privileges of the House (see Sec. 704, infra). Subject to the requirements of rule IX, a motion or resolution for the correction of the Record that involves a question of privilege may be made properly after the reading and approval of the Journal (V, 7013; VIII, 3496), is not in order pending the approval of the Journal (V, 6989), and may not be raised until the Record has appeared (V, 7020). A correction of the Record that involves a motion and a vote is recorded in the Journal (IV, 2877). A resolution directing the placement of an asterisk in the Record to note alleged inaccuracies in a State of the Union address (but not alleging improper transcription of that address) was held not to constitute a question of privilege (Oct. 20, 2003, pp. 25255, 25256). Propositions to make
Sec. 690. Unparliamentary remarks and the Congressional Record. Where a Member had uttered disorderly words on the floor without challenge, the House decided that it was not precluded from action when the words, after being withheld for revision, appeared in the Record, and struck them (V, 6979, 6981; VI, 582; VIII, 2538, 3463, 3472). The House also has ordered stricken printed speeches condemned as unparliamentary for reflections on Members, committees of the House, the House itself (V, 7017), and the Senate (V, 5129). In the 101st Congress a resolution presented as a question of privilege was adopted to direct the Committee on House Administration to report with respect to certain unauthorized deletions from the Record. A task force of that committee recommended that deletion of unparliamentary remarks be permitted only by consent of the House and not by the Member uttering the words under authority to revise and extend (Oct. 27, 1990, p. 37124). That recommendation has been incorporated into the Rules of the House (clause 8(b) of rule XVII). In debating a resolution to strike from the Record disorderly language a Member may not read the language (V, 7004); but it was held that as part of a personal explanation relating to matter excluded as out of order a Member might read the matter, subject to a point of order if the reading should develop anything in violation of the rules of debate (V, 5079). A resolution to omit from the Record certain remarks merely declared by the Member offering the resolution to be out of order is not privileged (V, 7021). A motion to strike unparliamentary words from the Record is privileged (see Sec. 961, infra), although a question of privilege may not subsequently arise therefrom (V, 7023; VI, 596).
[[Page 401]] votes of Members on a question of which the yeas and nays have not been entered on the Journal (V, 6982). The principle that a Member shall not be called to order for words spoken in debate if business has intervened does not apply to a case where leave to print has been violated (V, 7005). Neither the House nor the Committee of the Whole may permit the insertion of an entire colloquy between two or more Members not actually delivered (Aug. 10, 1982, pp. 20266, 20267; Oct. 3, 1985, p. 26028; Dec. 15, 1995, p. 37133; July 31, 2012, p. _). This prohibition does not apply to the insertion of remarks spoken in debate in the Senate in the form of a colloquy (Mar. 7, 2006, p. 2791) given the form of clause 1 of rule XVII as adopted in the 109th Congress.
Sec. 692. ``Leave to print'' in the Congressional Record. The practice of inserting in the Congressional Record speeches not actually delivered on the floor has developed by consent of the House as the membership has increased and it has become difficult at times for every Member to fully debate public questions on the floor (V, 6990-6996, 6998-7000). The House, in granting such leave to print, stipulates that it be exercised without unreasonable freedom (V, 7002, 7003). For example: (1) a Member with permission to insert one matter may not insert another (V, 7001; VIII, 3462, 3479, 3480); (2) a Member may not insert statements and letters of others unless the leave granted specifies such matter as extraneous (VIII, 3475, 3481), whether the extension be under general leave for all Members or individual; (3) although a Member may not request leave to insert the remarks of another Member (see supplemental rule 5 of the ``Laws and Rules for Publication of the Congressional Record''), the House may grant general leave for all Members to insert remarks (Mar. 19, 2012, p. _); (4) a Member may not insert that which would not have been in order if uttered on the floor, and the House may exclude such insertion in whole or in part (V, 7004-7008; VIII, 3495; Oct. 2, 1992, p. 30709; Sept. 27, 1996, p. 25633); (5) a Member may not insert the individual
The House, and not the Speaker, determines what liberty shall be allowed to a Member who has leave to extend remarks (V, 6997-7000; VIII, 3475), whether or not a copyrighted article shall be printed therein (V, 6985), as to an alleged abuse of the leave to print (V, 7012; VIII, 3474), or as to a proposed amendment (V, 6983). General leave to print may be granted only by the House, although in the Committee of the Whole a Member, by unanimous consent, may be given leave to extend remarks (V, 7009, 7010; VIII, 3488-3490), though such leave should be granted only in connection with remarks actually delivered and relevant to the bill; and the extension under such circumstances should be brief (Speaker Longworth, Mar. 18, 1926, p. 5854). Where a Member abused a leave to print on the last day of the session, the House at the next session condemned the abuse and declared the matter not a legitimate part of the official debates (V, 7017). An abuse of leave to print gives rise to a question of privilege (V, 7005-7008, 7011; VIII, 3163, 3491, 3495), and a resolution or motion to expunge from the Record in such a case is offered as a question of privilege (V, 7012; VIII, 3475, 3491). An inquiry by the House as to an alleged abuse of the leave to print does not necessarily entitle the Member implicated to the floor on a question of privilege (V, 7012). Clause 8 of rule XVII (formerly clause 9 of rule XIV) requires substantive remarks inserted under leave to revise and extend to be printed in distinctive type and precludes deletion under such permission of words actually uttered (Jan. 4, 1995, p. 541). A motion that a Member be permitted to extend remarks in the Record is not privileged (Feb. 8, 1950, p. 1661), and under the rules of the Joint Committee on Printing, one Member cannot obtain permission for other individual Members to extend their remarks (rule 5 of House Supplement, Sec. 686, supra). [[Page 402]] necessary (Feb. 11, 1994, p. 2245). As indicated in supplemental rule 3 of the Laws and Rules for Publication of the Congressional Record, the general leave request of the floor manager permits matter pertaining to specific legislation, including tables and charts but not newspaper clippings and editorials. The Clerk normally does not require a cost estimate for charts and tables admitted under general leave that exceed two Record pages. Where extraneous material proposed to be inserted in the body or in the Extension of Remarks portion of the Record exceeds two Record pages, the rules of the Joint Committee on Printing require that the Member state an estimate of printing cost when permission is requested to make the insertion (Feb. 12, 1962, p. 2207; May 24, 1972, p. 18653). It is the Member's responsibility and not that of the Chair to ascertain the cost of printing extraneous material and obtaining consent of the House when The Joint Committee on Printing amended the rules for publication of the Record, effective March 1, 1978, to require the identification by ``bullet'' symbols of statements or insertions no part of which were actually delivered in debate (Feb. 20, 1978, p. 3676). Where the House permitted all Members leave to revise and extend their remarks on a certain subject, those Members who actually spoke during the debate could revise their remarks to appear as if actually delivered, but Members' statements no part of which were spoken were preceded and followed by a ``bullet'' symbol (Nov. 15, 1983, p. 32729). In the 99th Congress, the House adopted a resolution requesting the Joint Committee on Printing to adopt temporary rules to require distinctive type styles rather than bulleting of remarks not actually spoken in debate (H. Res. 230, July 31, 1985, p. 21783), and also adopted a resolution requesting that those rules be made permanent (H. Res. 514, Aug. 12, 1986, p. 20980). Under regulations of the Joint Committee on Printing, remarks delivered or inserted under leave to revise and extend in connection with a ``one-minute speech'' made before legislative business are printed after legislative business if exceeding 300 words (Speaker O'Neill, Apr. 5, 1978, p. 8846; Sec. 686, supra). News media galleries Based upon several unauthorized insertions of extensions of remarks in the Record, the Speaker announced that henceforth all extensions of remarks must be signed by the Member submitting them (Aug. 15, 1974, p. 28385). The House by unanimous consent may grant permission for all Members to extend their remarks and to include extraneous material within the established limits in that section of the Congressional Record entitled ``Extensions of Remarks'' for a session (e.g., Jan. 6, 1999, p. 247) or a Congress (e.g., Jan. 4, 2007, p. 42). [[Page 403]] Standing Committee of Correspondents for the Press Gallery, and the Executive Committee of Correspondents for the Periodical Press Gallery, shall supervise such galleries, including the designation of its employees, subject to the direction and control of the Speaker. The Speaker may admit to the floor, under such regulations as the Speaker may prescribe, not more than one representative of each press association.
693. Unofficial reporters in the press gallery and on the floor. 2. A portion of the gallery over the Speaker's chair, as may be necessary to accommodate representatives of the press wishing to report debates and proceedings, shall be set aside for their use. Reputable reporters and correspondents shall be admitted thereto under such regulations as the Speaker may prescribe from time to time. The
Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2 of rule XXXIV. When it was transferred to this clause, it also was amended to reflect the existing practice of including the Periodical Press Gallery under the ambit of the rule (H. Res. 5, Jan. 6, 1999, p. 47). This provision was first adopted in 1857 and has been amended from time to time (V, 7304; VIII, 3642; Jan. 3, 1953, p. 24; Jan. 22, 1971, p. 144; Jan. 5, 2011, p. _). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). See also Consumers Union v. Periodical Correspondents' Association, 515 F.2d 1341 (D.C. Cir. 1975), cert. den. 423 U.S. 1051 (1976) (action in enforcing correspondents' association regulations is within legislative immunity granted by the Speech or Debate Clause). [[Page 404]] ulations as the Speaker may prescribe, not more than one representative of each media outlet.
Sec. 694. Unofficial reporters in the radio gallery and on the floor. 3. A portion of the gallery as may be necessary to accommodate reporters of news to be disseminated by radio, television, and similar means of transmission, wishing to report debates and proceedings, shall be set aside for their use. Reputable reporters and correspondents shall be admitted thereto under such regulations as the Speaker may prescribe. The Executive Committee of the Radio and Television Correspondents' Galleries shall supervise such gallery, including the designation of its employees, subject to the direction and control of the Speaker. The Speaker may admit to the floor, under such reg
Before the House recodified its rules in the 106th Congress, this provision was found in former clause 3 of rule XXXIV (H. Res. 5, Jan. 6, 1999, p. 47). This provision was first adopted on April 20, 1939 (p. 4561) and has been amended from time to time (May 30, 1940, p. 7208; Jan. 22, 1971, p. 144; Jan. 5, 2011, p. _). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Rule VII Archiving records of the house
695. Duties of Clerk and committees as to custody of papers before committees. 1. (a) At the end of each Congress, the chair of each committee shall transfer to the Clerk any noncurrent records of such committee, including the subcommittees thereof.
(b) At the end of each Congress, each officer of the House elected under rule II shall transfer to the Clerk any noncurrent records made or acquired in the course of the duties of such officer. 2. The Clerk shall deliver the records transferred under clause 1, together with any other noncurrent records of the House, to the Archivist of the United States for preservation at the National Archives and Records Administration. Records so delivered are the permanent property of the House and remain subject to this rule and any order of the House. Public availability [[Page 405]] able for public use, subject to clause 4(b) and any order of the House. 3. (a) The Clerk shall authorize the Archivist to make records delivered under clause 2 avail (b)(1) A record shall immediately be made available if it was previously made available for public use by the House or a committee or a subcommittee. (2) An investigative record that contains personal data relating to a specific living person (the disclosure of which would be an unwarranted invasion of personal privacy), an administrative record relating to personnel, or a record relating to a hearing that was closed under clause 2(g)(2) of rule XI shall be made available if it has been in existence for 50 years. (3) A record for which a time, schedule, or condition for availability is specified by order of the House shall be made available in accordance with that order. Except as otherwise provided by order of the House, a record of a committee for which a time, schedule, or condition for availability is specified by order of the committee (entered during the Congress in which the record is made or acquired by the committee) shall be made available in accordance with the order of the committee. (4) A record (other than a record referred to in subparagraph (1), (2), or (3)) shall be made available if it has been in existence for 30 years. [[Page 406]] Clerk shall notify in writing the chair and ranking minority member of the Committee on House Administration of any such determination. 4. (a) A record may not be made available for public use under clause 3 if the Clerk determines that such availability would be detrimental to the public interest or inconsistent with the rights and privileges of the House. The (b) A determination of the Clerk under paragraph (a) is subject to later orders of the House and, in the case of a record of a committee, later orders of the committee. 5. (a) This rule does not supersede rule VIII or clause 11 of rule X and does not authorize the public disclosure of any record if such disclosure is prohibited by law or executive order of the President. (b) The Committee on House Administration may prescribe guidelines and regulations governing the applicability and implementation of this rule. (c) A committee may withdraw from the National Archives and Records Administration any record of the committee delivered to the Archivist under this rule. Such a withdrawal shall be on a temporary basis and for official use of the committee. Definition of record 6. In this rule the term ``record'' means any official, permanent record of the House (other than a record of an individual Member, Delegate, or Resident Commissioner), including-- [[Page 407]] (a) with respect to a committee, an official, permanent record of the committee (including any record of a legislative, oversight, or other activity of such committee or a subcommittee thereof); and (b) with respect to an officer of the House elected under rule II, an official, permanent record made or acquired in the course of the duties of such officer. Before the House recodified its rules in the 106th Congress, clauses 1 through 6 were found in former rule XXXVI (H. Res. 5, Jan. 6, 1999, p. 47). That rule was adopted initially in 1880 (V, 7260). Clause 2 (which derived from section 140(a) of the Legislative Reorganization Act of 1946 (60 Stat. 812)) was added in the 83d Congress when the rule was also renumbered (H. Res. 5, Jan. 3, 1953, p. 24). It was amended on January 22, 1971 (p. 144). It was again amended in the 99th Congress to change the reference from the General Services Administration to the National Archives and Records Administration (H. Res. 114, Oct. 14, 1986, p. 30821). The rule was rewritten entirely in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 73) to incorporate the provisions of H. Res. 419 as reported from the Committee on Rules in the 100th Congress (H. Rept. 100-1054). Clerical corrections were effected to reflect changes in the name of the Committee on House Administration in the 104th and 106th Congresses (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). Clerical corrections were effected in the 107th Congress to correct cross references (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 24). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Withdrawal of papers The Clerk has historically been authorized to permit the Administrator of General Services (now Archivist) to make available for use certain records of the House transferred to the National Archives (H. Res. 288, June 16, 1953, p. 6641). Under this rule, an order of the House is required for the release of noncurrent records of the House not covered by clause 3 of this rule (Mar. 22, 1991, p. 7549). [[Page 408]] may lend temporarily to an officer or bureau of the executive departments any papers on file in the Office of the Clerk relating to any matter pending before such officer or bureau, taking proper receipt therefor.
696. Custody of papers in the files of the House. 7. A memorial or other paper presented to the House may not be withdrawn from its files without its leave. If withdrawn certified copies thereof shall be left in the Office of the Clerk. When an act passes for the settlement of a claim, the Clerk may transmit to the officer charged with the settlement thereof the papers on file in the Office of the Clerk relating to such claim. The Clerk
Before the House recodified its rules in the 106th Congress, this provision was found in former rule XXXVII (H. Res. 5, Jan. 6, 1999, p. 47). It was adopted initially in 1873 and amended in 1880 (V, 7256). It was renumbered January 3, 1953 (p. 24). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). The House usually allows the withdrawal of papers only in cases in which there has been no adverse report. As the rules for the order of business give no place to the motion to withdraw, it is made by unanimous consent (V, 7259). The House formerly adopted a privileged resolution at the beginning of each Congress authorizing the Clerk to furnish certified copies of certain types of House papers subpoenaed by courts upon determination of relevancy by the court, but not permitting production of executive session papers or transfer of original papers (Jan. 3, 1973, p. 30). See rule VIII for procedure for response to subpoenas for papers of the House. Rule VIII response to subpoenas [[Page 409]] order as hereinafter provided, unless otherwise determined under this rule.
Sec. 697. Response to subpoenas. 1. When a Member, Delegate, Resident Commissioner, officer, or employee of the House is properly served with a judicial or administrative subpoena or judicial order directing appearance as a witness relating to the official functions of the House or for the production or disclosure of any document relating to the official functions of the House, such Member, Delegate, Resident Commissioner, officer, or employee shall comply, consistently with the privileges and rights of the House, with the judicial or administrative subpoena or judicial
2. Upon receipt of a properly served judicial or administrative subpoena or judicial order described in clause 1, a Member, Delegate, Resident Commissioner, officer, or employee of the House shall promptly notify the Speaker of its receipt in writing. Such notification shall promptly be laid before the House by the Speaker. During a period of recess or adjournment of longer than three days, notification to the House is not required until the reconvening of the House, when the notification shall promptly be laid before the House by the Speaker. 3. Once notification has been laid before the House, the Member, Delegate, Resident Commissioner, officer, or employee of the House shall determine whether the issuance of the judicial or administrative subpoena or judicial order described in clause 1 is a proper exercise of jurisdiction by the court, is material and relevant, and is consistent with the privileges and rights of the House. Such Member, Delegate, Resident Commissioner, officer, or employee shall notify the Speaker before seeking judicial determination of these matters. [[Page 410]] shall immediately notify the Speaker of the determination in writing. 4. Upon determination whether a judicial or administrative subpoena or judicial order described in clause 1 is a proper exercise of jurisdiction by the court, is material and relevant, and is consistent with the privileges and rights of the House, the Member, Delegate, Resident Commissioner, officer, or employee of the House 5. The Speaker shall inform the House of a determination whether a judicial or administrative subpoena or judicial order described in clause 1 is a proper exercise of jurisdiction by the court, is material and relevant, and is consistent with the privileges and rights of the House. In so informing the House, the Speaker shall generally describe the records or information sought. During a period of recess or adjournment of longer than three days, such notification is not required until the reconvening of the House, when the notification shall promptly be laid before the House by the Speaker. 6. (a) Except as specified in paragraph (b) or otherwise ordered by the House, upon notification to the House that a judicial or administrative subpoena or judicial order described in clause 1 is a proper exercise of jurisdiction by the court, is material and relevant, and is consistent with the privileges and rights of the House, the Member, Delegate, Resident Commissioner, officer, or employee of the House shall comply with the judicial or administrative subpoena or judicial order by supplying certified copies. [[Page 411]] Speaker considers appropriate under the circumstances. Upon the reconvening of the House, all matters that transpired under this clause shall promptly be laid before the House by the Speaker. (b) Under no circumstances may minutes or transcripts of executive sessions, or evidence of witnesses in respect thereto, be disclosed or copied. During a period of recess or adjournment of longer than three days, the Speaker may authorize compliance or take such other action as the 7. A copy of this rule shall be transmitted by the Clerk to the court when a judicial or administrative subpoena or judicial order described in clause 1 is issued and served on a Member, Delegate, Resident Commissioner, officer, or employee of the House. 8. Nothing in this rule shall be construed to deprive, condition, or waive the constitutional or legal privileges or rights applicable or available at any time to a Member, Delegate, Resident Commissioner, officer, or employee of the House, or of the House itself, or the right of such Member, Delegate, Resident Commissioner, officer, or employee, or of the House itself, to assert such privileges or rights before a court in the United States. Before the House recodified its rules in the 106th Congress, this provision was found in former rule L (H. Res. 5, Jan. 6, 1999, p. 47). It was added initially in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98). Until the 95th Congress, whenever a Member, officer, or employee received a subpoena, the House would adopt a resolution authorizing the person to respond. In the 95th and 96th Congresses general authority was granted to respond to subpoenas without the necessity of a House vote (H. Res. 10, Jan. 4, 1977, p. 73; H. Res. 10, Jan. 15, 1979, p. 19). This standing authority was clarified and revised later in the 96th Congress (H. Res. 722, Sept. 17, 1980, pp. 25777-90) and forms the basis for the present rule. In the 107th Congress the rule was amended to broaden its application to administrative subpoenas (sec. 2(c), H. Res. 5, Jan. 3, 2001, p. 25). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). [[Page 412]] in the Office of the Sergeant-at-Arms (Apr. 29, 1992, p. 9753); responding to a contemporaneous request for such records from a Special Counsel (Apr. 29, 1992, p. 9763); and authorizing an officer of the House to release certain documents in response to another such request from the Special Counsel (May 28, 1992, p. 12790). Under rule VIII as amended in the 107th Congress, a Member or employee receiving such a subpoena informs the Speaker, as had been the practice under precedent (Deschler, ch. 11, Sec. 14.8) before the rule was amended (July 30, 1998, p. 18298; May 3, 1999, p. 8040). In the 102d Congress the House considered as questions of the privileges of the House resolutions: responding to a subpoena for records of the ``bank'' Under clause 2, the Speaker promptly lays before the House a communication notifying the Speaker of the receipt of a subpoena, but the rule does not require that the text of a subpoena be printed in the Record (July 31, 1992, p. 20602). Rule IX questions of privilege
Sec. 698. Definition of questions of privilege. 1. Questions of privilege shall be, first, those affecting the rights of the House collectively, its safety, dignity, and the integrity of its proceedings; and second, those affecting the rights, reputation, and conduct of Members, Delegates, or the Resident Commissioner, individually, in their representative capacity only.
[[Page 413]] motions to adjourn only at a time or place, designated by the Speaker, in the legislative schedule within two legislative days after the day on which the proponent announces to the House an intention to offer the resolution and the form of the resolution. Oral announcement of the form of the resolution may be dispensed with by unanimous consent.
Sec. 699. Precedence of questions of privilege. 2. (a)(1) A resolution reported as a question of the privileges of the House, or offered from the floor by the Majority Leader or the Minority Leader as a question of the privileges of the House, or offered as privileged under clause 1, section 7, article I of the Constitution, shall have precedence of all other questions except motions to adjourn. A resolution offered from the floor by a Member, Delegate, or Resident Commissioner other than the Majority Leader or the Minority Leader as a question of the privileges of the House shall have precedence of all other questions except
(2) The time allotted for debate on a resolution offered from the floor as a question of the privileges of the House shall be equally divided between (A) the proponent of the resolution, and (B) the Majority Leader, the Minority Leader, or a designee, as determined by the Speaker. (b) A question of personal privilege shall have precedence of all other questions except motions to adjourn. This rule was adopted in 1880 (III, 2521) to codify long-established practice that the House had hitherto been unwilling to define (II, 1603). It was amended in the 103d Congress to authorize the Speaker to designate a time within a period of two legislative days for the consideration of a resolution to be offered from the floor by a Member other than the Majority Leader or the Minority Leader after that Member has announced to the House an intention to do so and the content of the resolution, and to divide the time for debate on the resolution (H. Res. 5, Jan. 5, 1993, p. 49). Clause 2 was amended in the 106th Congress to permit the announcement of the form of the resolution to be dispensed with by unanimous consent, and clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). [[Page 414]] pose of hindering the extension of constitutional or other privilege'' (VI, 48). Thus a resolution merely asserting the position of the House with regard to an external issue does not qualify (Oct. 6, 2011, p. _).
Sec. 700. Questions of privileges of the House. The body of precedent relating to questions of the privileges of the House includes rulings that span the adoption of this rule. The rule was adopted ``to prevent the large consumption of time which resulted from Members getting the floor for all kinds of speeches under the pretext of raising a question of privilege'' (III, 2521). In a landmark decision on constitutional assertions of privilege, Speaker Gillett placed significant reliance on the history of rule IX by observing that it ``was obviously adopted for the pur
Sec. 701. Questions relating to organization. The privileges of the House include questions relating to its organization (I, 22-24, 189, 212, 290), and the title of its Members to their seats (III, 2579- 2587), which may be raised as questions of the privileges of the House even though the subject has been previously referred to committee (I, 742; III, 2584; VIII, 2307). Such resolutions include those: (1) to declare prima facie right to a seat, or to declare a vacancy, where the House has referred the questions of prima facie and final rights to a committee for investigation (H. Res. 1, Jan. 3, 1985, p. 381; H. Res. 52, Feb. 7, 1985, p. 2220; H. Res. 97, Mar. 4, 1985, p. 4277; H. Res. 121, Apr. 2, 1985, p. 7118; H. Res. 148, Apr. 30, 1985, p. 9801); (2) to raise various questions incidental to the right to a seat (I, 322, 328, 673, 742; II, 1207; III, 2588; VII, 2316), such as a resolution to declare a vacancy in the House because a Member-elect is unable to take the oath of office and to serve as a Member or to expressly resign the office due to an incapacitating illness (H. Res. 80, Feb. 24, 1981, p. 2916); (3) to declare neither of two claimants seated pending a committee report and decision of final right to the seat by the House (Jan. 3, 1961, pp. 23-25; Jan. 3, 1985, p. 381), including incidental provisions providing compensation for both claimants and office staffing by the Clerk (Jan. 3, 1985, p. 381) and to direct temporary seating of a certified Member-elect pending determination of final right notwithstanding prior House action declining to seat either claimant (Feb. 7, 1985, p. 2220; Mar. 4, 1985, p. 4277); (4) to propose directly to dispose of a contest over the title to a seat in the House (Nov. 8, 1997, p. 25294; Nov. 9, 1997, p. 25721; Jan. 28, 1998, p. 175) or to dispose of such contest upon the expiration of a specified day (Oct. 23, 1997, p. 23231; Oct. 29, 1997, p. 23695; Oct. 30, 1997, p. 23959; Nov. 5, 1997, p. 24645).
A resolution electing a House officer is presented as a question of the privileges of the House (July 31, 1997, p. 17021; Feb. 6, 2007, p. 3156). A resolution declaring vacant the Office of the Speaker is presented as a matter of high constitutional privilege (VI, 35). For further discussion with respect to the organization of the House and the title of its Members to seats, see Sec. Sec. 18-30, 46-51, 56, and 58- 60, supra. [[Page 415]] p. 10701). Such a question of privilege includes a resolution asserting that a conference report accompanying a House bill originated revenue provisions in derogation of the sole constitutional prerogative of the House and resolving that such bill be recommitted to conference (July 27, 2000, p. 16565). The constitutional prerogatives of the House also include its function with respect to: (1) impeachment and matters incidental thereto (see Sec. 604, supra); (2) bills ``pocket vetoed'' during an intersession adjournment (Nov. 21, 1989, p. 31156); (3) its power to punish for contempt, whether of its own Members (II, 1641- 1665), of witnesses who are summoned to give information (II, 1608, 1612; III, 1666-1724), or of other persons (II, 1597-1640); (4) questions relating to legal challenges involving the prerogatives of the House (Jan. 29, 1981, p. 1304; Mar. 30, 1982, p. 5890), including a resolution responding to a court challenge to the prerogative of the House to establish a Chaplain (Mar. 30, 1982, p. 5890). A resolution laying on the table a message from the President containing certain averments inveighing disrespect toward Members of Congress was considered as a question of the privileges of the House asserting a breach of privilege in a formal communication to the House (VI, 330).
Sec. 702. Questions relating to constitutional prerogatives. The privileges of the House, as distinguished from that of the individual Member, include questions relating to its constitutional prerogatives in respect to revenue legislation and appropriations (see, e.g., II, 1480-1501; VI, 315; Nov. 8, 1979, p. 31517; Oct. 1, 1985, p. 25418; June 16, 1988, p. 14780; June 21, 1988, p. 15425; Aug. 12, 1994, p. 21655). For a more thorough record of revenue bills returned to the Senate, see Sec. 102, supra. Such a question of privilege may be raised at any time when the House is in possession of the papers (June 20, 1968, Deschler, ch. 13, Sec. 14.2; Aug. 19, 1982, p. 22127), but not otherwise (Apr. 6, 1995,
For a discussion of the relationship of the House and its Members to the courts, see Sec. Sec. 290-291b, supra. For examples of Senate messages requesting the return of Senate measures that intruded on the constitutional prerogative of the House to originate revenue measures, see Sec. 565, supra. For a discussion of the prerogatives of the House with respect to treaties affecting revenue, see Sec. 597, supra. [[Page 416]] (June 6, 2002, p. 9492 (sustained by tabling of appeal)); (3) a resolution alleging that Congress had been negligent in its oversight responsibilities with regard to military involvement in Iraq, and calling on leadership and committee chairs to conduct oversight of that matter, but refraining from alleging any impropriety (Nov. 3, 2005, pp. 24757-59 (sustained by tabling of appeal)). On the other hand, an extraordinary question relating to the House vote required by the Constitution to pass a joint resolution extending the ratification period of a proposed constitutional amendment was raised as a question of privilege where the House had not otherwise made a separate determination on that procedural question and where consideration of the joint resolution had been made in order (Speaker O'Neill, Aug. 15, 1978, p. 26203). The ordinary rights and functions of the House under the Constitution are exercised in accordance with the rules without precedence as matters of privilege (III, 2567). Neither the enumeration of legislative powers in article I of the Constitution nor the prohibition in the seventh clause of section 9 of that article against any withdrawal from the Treasury except by enactment of an appropriation renders a measure purporting to exercise or limit the exercise of those powers a question of the privileges of the House, because rule IX is concerned not with the privileges of the Congress, as a legislative branch, but only with the privileges of the House, as a House (Feb. 7, 1995, p. 3905; Dec. 22, 1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248; Feb. 1, 1996, p. 2245; Oct. 10, 1998, p. 25420; Nov. 4, 1999, pp. 28528-33; June 6, 2002, p. 9492 (sustained by tabling of appeal); Oct. 2, 2002, pp. 18932 (sustained by tabling of appeal), 18934 (sustained by tabling of appeal), 18936 (sustained by tabling of appeal), 18938 (sustained by tabling of appeal); Oct. 3, 2002, pp. 19001 (sustained by tabling of appeal), 19002 (sustained by tabling of appeal)). For example, the following legislative propositions have been held not to involve a question of constitutional privileges of the House: (1) a resolution requiring a committee inquiry into the extent to which the right to vote was denied under the provisions of the 14th amendment (VI, 48); (2) a resolution alleging an unconstitutional abrogation of a treaty by the President, and calling on the President to seek the approval of Congress before such abrogation [[Page 417]] tive subcommittee and appoint outside counsel to investigate certain allegations against a Member (Oct. 8, 2004, p. 22734); (14) alleging, among other things, the improper and unilateral firing of nonpartisan staff of the Committee on Standards of Official Conduct and directing the Speaker to appoint a bipartisan task force to address the efficacy of that committee so as to restore public confidence in the ethics process (Mar. 15, 2005, pp. 4657, 4658; Apr. 14, 2005, pp. 6399, 6400) and directing the committee to appoint nonpartisan professional staff (June 9, 2005, pp. 12025, 12026); (15) alleging, among other things, the improper and unilateral firing of nonpartisan staff of the Committee on Standards of Official Conduct and illegal activities between a lobbyist and Members, and directing that committee to investigate misconduct of Members and staff with that lobbyist (Mar. 30, 2006, p. 4445; Apr. 5, 2006, pp. 4993, 4994); (16) alleging improper conduct by a former Member with regard to the House Page program and insufficient response thereto by the House leadership, and directing the Committee on Standards of Official Conduct to establish a subcommittee to investigate (Sept. 29, 2006, p. 21334); (17) alleging a violation of the Code of Official Conduct and issuing a reprimand (May 22, 2007, p. 13525); (18) directing the Committee on Standards of Official Conduct to investigate a Member's conduct and make a recommendation regarding expulsion (June 5, 2007, p. 14600); (19) directing the Committee on Standards of Official Conduct to review irregularities in the conduct of a vote in the House (Aug. 3, 2007, p. 22746); (20) directing the Committee on Standards of Official Conduct and a previously-established select committee to investigate whether a vote was held open beyond a reasonable period of time for the purpose of circumventing the will of the House, and vacating such vote (Mar. 12, 2008, p. 3855); (21) directing the Committee on Standards of Official Conduct to investigate violations of the Code of Official Conduct (Mar. 12, 2008, p. 3864); (22) alleging receipt of illegal campaign contributions and gifts and censuring a Member therefor (July 31, 2008, p. 17463); (23) alleging receipt of illegal campaign contributions and gifts and violations of federal tax law, directing the Committee on Standards of Official Conduct to investigate, and removing a Member as chair of a standing committee pending such investigation (Sept. 18, 2008, p. 19600); (24) alleging failure to properly report the receipt of gifts in accordance with financial disclosure and tax laws, and removing the Member as chair pending an on-going investigation by the Committee on Standards of Official Conduct (Feb. 10, 2009, p. 3508; Oct. 7, 2009, pp. 23770, 23771); (25) alleging a quid pro quo between legislative activity and campaign contributions to Members, and directing the Committee on Standards of Official Conduct to investigate that relationship (Feb. 25, 2009, p. 5759; Mar. 5, 2009, p. 6561; Mar. 10, 2009, p. 6765; Mar. 19, 2009, p. 8106; Mar. 25, 2009, p. 8743; Mar. 30, 2009, p. 9097; Apr. 1, 2009, p. 9542; May 12, 2009, p. 12213; July 22, 2009, p. 18588) and alleging an inadequate investigation into such allegations by the Committee on Standards of Official Conduct (now Ethics), and directing the committee to report on the extent of said investiga [[Page 418]] tion (Mar. 18, 2010, p. _; Mar. 25, 2010, p. _; Apr. 15, 2010, p. _; Apr. 22, 2010, p. _); (26) alleging improper involvement of Members with a certain lobbying organization, and directing the Committee on Standards of Official Conduct to report any action it has taken with respect thereto (June 3, 2009, p. 13841); (27) alleging improper conduct by a former Member with regard to various House staff and insufficient response thereto by House leadership, and directing the Committee on Standards of Official Conduct (now Ethics) to establish a subcommittee to investigate the circumstances surrounding the former Member's misconduct and the responses thereto and to issue a report thereon (Mar. 11, 2010, p. _; April 14, 2010, p. _). On the other hand, a resolution alleging inconsistency between statements of the Speaker and of an intelligence agency and commissioning an investigation of the accuracy of her statements, where such investigation would extend beyond the conduct of a Member and necessarily involve a review of the agency itself, was held not to constitute a question of the privileges of the House (May 21, 2009, p. 13175; June 16, 2009, p. 15272).
Sec. 703. Questions relating to official conduct. The privileges of the House include certain questions relating to the conduct of Members, officers, and employees (see, e.g., I, 284, 285; III, 2628, 2645-2647). Under that standard, the following resolutions have been held to constitute questions of the privileges of the House: (1) directing the Committee on Standards of Official Conduct to investigate illegal solicitation of political contributions in the House Office Buildings by unnamed sitting Members (July 10, 1985, p. 18397); (2) establishing an ad hoc committee to investigate allegations of ``ghost'' employment in the House (Apr. 9, 1992, p. 9029); (3) directing a committee to further investigate the conduct of a Member on which it has reported to the House (Aug. 5, 1987, p. 22458); (4) directing the Committee on Standards of Official Conduct to report to the House the status of an investigation pending before the committee (Nov. 17, 1995, p. 33846; Nov. 30, 1995, p. 35075); (5) appointing an outside counsel (Sept. 19, 1996, p. 23851; Sept. 24, 1996, p. 24525); (6) committing other matters to an outside counsel already appointed by the committee (June 27, 1996, p. 15917); (7) directing the committee to release the report of an outside counsel (Sept. 19, 1996, p. 23852; Sept. 24, 1996, p. 24526); (8) making allegations concerning the propriety of responses by officers of the House to court subpoenas for papers of the House without notice to the House, and directions to a committee to investigate such allegations (Feb. 13, 1980, p. 2768); (9) making allegations of improper representation by counsel of the legal position of Members in a brief filed in the Court and directions for withdrawal of the brief (Mar. 22, 1990, p. 4996); (10) making allegations of unauthorized actions by a committee employee to intervene in judicial proceedings (Feb. 5, 1992, p. 1601); (11) directing the Clerk to notify interested parties that the House regretted the use of official resources to present to the Supreme Court of Florida a legal brief arguing the unconstitutionality of congressional term limits, and that the House had no position on that question (Nov. 4, 1991, p. 29968); (12) alleging a chronology of litigation relating to the immunity of a Member from civil liability for bona fide official acts and expressing the views of the House thereon (May 12, 1988, p. 10574); (13) directing the Committee on Standards of Official Conduct to establish an investiga
For a discussion of disciplinary resolutions meting out punishment for violations of standards of official conduct, which constitute questions of the privileges of the House, see Sec. Sec. 62-66, supra. [[Page 419]] mittee investigation of that matter (Apr. 9, 1992, p. 9024); (4) redressing a perception of obstruction of justice by recusing the General Counsel to the Clerk from matters relating to the investigation of that matter (Apr. 9, 1992, p. 9076); (5) directing the Speaker to explain the lapse of time before the House received notice that several Members and an officer of the House had received subpoenas to testify before a Federal grand jury investigating that matter (May 14, 1992, p. 11309); (6) directing the Committee on House Administration to transmit to the Committee on Standards of Official Conduct and to the Department of Justice all records obtained by its task force to investigate that matter (July 22, 1992, p. 18786); (7) directing the Committee on Standards of Official Conduct to investigate violations of confidentiality by staff engaged in the investigation of that matter (July 22, 1992, p. 18795); (8) directing the Committee on House Administration to release transcripts of the proceedings of its task force to investigate that matter, where the investigation was ordered as a question of privilege and its results had been ordered reported to the House (July 22, 1992, p. 18796; July 23, 1992, p. 19125); (9) directing the Committee on House Administration to redress the erroneous naming of a Member in minority views accompanying a report on that matter (July 23, 1992, p. 19121); (10) directing the public release of official papers of the House relating to an investigation by the Committee on House Administration's task force to investigate the operation and management of the Office of the Postmaster (July 22, 1993, p. 16634); (11) directing the public release of transcripts and other relevant documents relating to an investigation by the Committee on House Administration's task force to investigate the operation and management of the Office of the Postmaster unless two designees of the bipartisan leadership agree to the contrary (June 9, 1994, p. 12437); (12) directing the Committee on Standards of Official Conduct to defer any investigation relating to the operation of the former Post Office until assured that its inquiry would not interfere with an ongoing criminal investigation, as well as a resolution directing the Committee on Standards of Official Conduct to proceed with the investigation (Mar. 2, 1994, p. 3672). In the 102d and 103d Congresses, a large number of resolutions relating to the operation of the ``bank'' in the Office of the Sergeant- at-Arms and the management of the Office of the Postmaster were presented as questions of the privileges of the House. The former category included resolutions: (1) terminating all bank and check- cashing operations in the Office of the Sergeant-at-Arms and directing the Committee on Standards of Official Conduct to review GAO audits of such operations (Oct. 3, 1991, p. 25435); (2) instructing the Committee on Standards of Official Conduct to disclose the names and pertinent account information of Members and former Members found to have abused the privileges of the ``bank'' in the Office of the Sergeant-at-Arms (Mar. 12, 1992, p. 5519); (3) instructing the Committee on Standards of Official Conduct to disclose further account information respecting Members and former Members having checks held by that entity (Mar. 12, 1992, p. 5534); (4) mandating full and accurate disclosure of pertinent information concerning the operation of that entity (Mar. 12, 1992, p. 5551); (5) responding to a subpoena for records of that entity (Apr. 29, 1992, p. 9453); (6) responding to a contemporaneous request for such records from a Special Counsel (Apr. 29, 1992, p. 9763); (7) authorizing an officer of the House to release certain documents in response to another such request from the Special Counsel (May 28, 1992, p. 12790). The latter category included resolutions: (1) directing the Committee on House Administration to conduct a thorough investigation of the operation and management of the Office of the Postmaster in light of recent press allegations of wrongdoing (Feb. 5, 1992, p. 1589); (2) creating a select committee to investigate the same matter (Feb. 5, 1992, p. 1599); (3) requiring an explanation of a reported interference with authorized access to a com [[Page 420]] In the 105th Congress a 12-member bipartisan task force appointed by the Majority and Minority Leaders conducted a comprehensive review of the House ethics process. During the deliberations of the task force, the House imposed a moratorium on raising certain questions of privilege under this rule with respect to official conduct and on the filing or processing of ethics complaints. The moratorium was imposed in the expectation that the recommendations of the task force would include rules changes relating to establishment and enforcement of standards of official conduct for Members, officers, and employees of the House (Feb. 12, 1997, p. 2058). The moratorium was extended through September 10, 1997 (July 30, 1997, p. 16958). The task force recommendations ultimately were reported from the Committee on Rules and were adopted with certain amendments (H. Res. 168, Sept. 18, 1997, p. 19340).
Sec. 704. Questions relating to integrity of proceedings. The privileges of the House include questions relating to the integrity of its proceedings, including the processes by which bills are considered (III, 2597-2601, 2614; IV, 3383, 3388, 3478), such as the constitutional question of the vote required to pass a joint resolution extending the State ratification period of a proposed constitutional amendment (Speaker O'Neill, Aug. 15, 1978, p. 26203). Privileges of the House also include: (1) resignation of a Member from a select or standing committee (Speaker Albert, June 16, 1975, p. 19054; Speaker O'Neill, Mar. 8, 1977, pp. 6579-82); (2) newspaper charges affecting the honor and dignity of the House (VII, 911); (3) the conduct of representatives of the press (II, 1630, 1631; III, 2627; VI, 553).
Admission to the floor of the House constitutes a question of privilege (III, 2624-2626), including a resolution alleging indecorous behavior of a former Member and instructing the Sergeant-at-Arms to ban the former Member from the floor, and rooms leading thereto, until the resolution of a contested election to which he was party (H. Res. 233, Sept. 18, 1997, p. 19340). The accuracy and propriety of reports in the Congressional Record also constitute a question of privileges of the House (V, 7005-7023; VIII, 3163, 3461, 3463, 3464, 3491, 3499; Apr. 20, 1936, p. 5704; May 11, 1936, p. 7019; May 7, 1979, p. 10099), including a resolution: (1) asserting that a Member's remarks spoken in debate were omitted from the printed Record, directing that the Record be corrected and requiring the Clerk to report on the circumstances and possible corrective action (July 29, 1983, p. 21685); (2) directing the Committee on Rules to investigate and report to the House within a time certain on alleged alterations of the Record (Jan. 24, 1984, p. 250); (3) addressing whether the Record should constitute a verbatim transcript (May 8, 1985, p. 11072; Feb. 7, 1990, p. 1515); (4) alleging impropriety by a presiding officer and improper alteration of the Record, and directing that a select committee investigate and that the Record be corrected (Aug. 4, 2007, p. 23194). Although a motion to correct the Congressional Record based on improper alterations or insertions may constitute a question of privilege, mere typographical errors or ordinary revisions of a Member's remarks do not form the basis for privileged motions to correct the Record (Apr. 25, 1985, p. 9419; see Sec. 690, supra). A resolution directing the placement of an asterisk in the Congressional Record to note alleged inaccuracies in a State of the Union address (but not alleging improper transcription of that address) was held not to constitute a question of privilege (Oct. 20, 2003, pp. 25255, 25256). [[Page 421]] responding to a request of a law enforcement official regarding the timing of the public release of official papers of the House (July 22, 1993, p. 16624); (3) directing a committee to investigate press publication of a report that the House had ordered not to be released (Speaker Albert, Feb. 19, 1976, p. 3914); (4) directing the public release of transcripts and other relevant documents relating to an investigation by the Committee on House Administration's task force to investigate the operation and management of the Office of the Postmaster unless two designees of the bipartisan leadership agreed to the contrary (June 9, 1994, p. 12437); (5) alleging that a Member willfully abused his power as chair of a committee by unilaterally releasing records of the committee in contravention of its rules (adopted ``protocol''), and expressing disapproval of such conduct (May 14, 1998, p. 9279). However, a resolution directing a standing committee to release executive-session material referred to it as such by special rule of the House was held to propose a change in the rules and, therefore, not to constitute a question of the privileges of the House under rule IX (Sept. 23, 1998, p. 21562). The protection of House records constitutes a question of the privileges of the House, especially when records are demanded by the courts (III, 2604, 2659-2664; VI, 587; Sept. 18, 1992, p. 25750; see also Sec. 291a, supra). Privileges of the House involving records also include resolutions: (1) furnishing certain requested information to an Independent Counsel investigating covert arms transactions with Iran (June 4, 1992, p. 13664); (2) [[Page 422]] 25761); (3) a concurrent resolution directing the Clerk of the House and the Secretary of the Senate to produce official duplicates of certain legislative papers (Oct. 5, 1992, p. 32064). For a discussion of the privileged status of a request of one House for the return of a measure messaged to the other, see Sec. 565, supra. A question regarding the accuracy of House documents constitutes a question of privileges of the House (V, 7329), including resolutions: (1) asserting that a printed transcript of joint subcommittee hearings contained unauthorized alterations of the statements of subcommittee members in the prior Congress and that unauthorized alterations may have occurred in other committee hearing transcripts, and proposing the creation of a select committee to investigate and report by a date certain (June 29, 1983, p. 18279); (2) alleging the unauthorized creation and falsification of documents distributed to the general public at a committee hearing and resolving that the Speaker take appropriate measures to ensure the integrity of the legislative process and report his actions and recommendations to the House (Oct. 25, 1995, p. 29373); (3) alleging that a committee report contained descriptions of recorded votes (as required by clause 3(b) of rule XIII) that deliberately mischaracterized certain amendments and directing the chair of the committee to file a supplemental report to change those descriptions (May 3, 2005, pp. 8417, 8418); (4) alleging that known errors in the engrossment of a bill were ignored, that matter had been inserted into a conference report after conferees had signed it, that material information concerning legislation had been withheld for the purpose of achieving passage of that measure in a prior Congress, and resolving that the Committee on Standards of Official Conduct investigate inaccuracies in the enrollment of a bill (Feb. 16, 2006, p. 1948); (5) alleging that known errors in the enrollment of a bill were ignored by the majority leadership after the President had transmitted to the House a return veto of the measure, admonishing the majority leadership for their roles therein, and directing the Committee on Standards of Official Conduct to investigate the abuse of power surrounding the inaccuracies (May 22, 2008, p. 10522). The privileges of the House also include: (1) the integrity of its Journal (II, 1363; III, 2620) and messages (III, 2613); (2) unreasonable delay in transmitting an enrolled bill to the President (Oct. 8, 1991, p. A resolution alleging that the Chair had improperly ordered the interruption of audio broadcast coverage of certain House proceedings constitutes a question of privileges of the House (Mar. 17, 1988, p. 4180), as does a resolution providing for an experiment in the telecasting and broadcasting of House proceedings (Speaker O'Neill, Mar. 15, 1977, p. 7607). Similarly, a resolution authorizing and directing the Speaker to provide for the audio and visual broadcast coverage of the Chamber while Members are voting has been held to present a question of the privileges of the House, because rule V (formerly clause 9 of rule I), which requires complete and unedited audio and visual coverage of House proceedings and coverage of record votes, had not been implemented (Apr. 30, 1985, p. 9821). Integrity in the conduct of a vote may involve a question of the privileges of the House, including resolutions: (1) alleging intentional abuse of House practices and customs in holding a vote open for approximately three hours for the sole purpose of circumventing the initial will of the House and directing the Speaker to take such steps as necessary to prevent further abuse (Dec. 8, 2003, p. 32099), or alleging such abuse, both in a prior Congress and in the current one, and alleging illegal behavior on the House floor during one such vote (bribery of a public official) (Dec. 8, 2005, pp. 27811, 27812); (2) directing the Committee on Standards of Official Conduct to review irregularities in the conduct of a vote in the House (Aug. 3, 2007, p. 22746); (3) alleging irregularities in the conduct of a vote, directing House officers to preserve all records relating thereto, and establishing a select committee of investigation thereof (Aug. 3, 2007, p. 22768); (4) directing the Committee on Standards of Official Conduct and a previously-established select committee to investigate whether a vote was held open beyond a reasonable period of time for the purpose of circumventing the will of the House, and vacating such vote (Mar. 12, 2008, p. 3855). A resolution alleging partiality in the manner of presiding by a Speaker pro tempore and stating that such actions bring dishonor and discredit on the House (Aug. 3, 2007, p. 22783) or alleging impropriety by a presiding officer, as well as alleging improper alteration of the Congressional Record and directing an investigation and correction thereof (Aug. 4, 2007, p. 23194), presents a question of the privileges of the House. [[Page 423]] amendment, resolving that the House disapproves of the manner in which the chair conducted the markup, and finding that the bill considered at that markup was not validly ordered reported (July 18, 2003, p. 18698) and resolving that the House disapproves of the manner in which the chair summoned the Capitol Police as well as the manner in which he conducted the markup, finding that the bill considered at that markup was not validly ordered reported, and calling for a police report to be placed in the Record (July 23, 2003 p. 19171); (2) alleging, among other things, the improper and unilateral firing of nonpartisan staff of the Committee on Standards of Official Conduct and directing the Speaker to appoint a bipartisan task force to address the efficacy of that committee so as to restore public confidence in the ethics process (Mar. 15, 2005, pp. 4657, 4658; Apr. 14, 2005, pp. 6399, 6400) and directing the committee to appoint nonpartisan professional staff (June 9, 2005, pp. 12025, 12026); (3) alleging that the chair of a committee intentionally violated House rules and abused his power as chair during a minority day of hearings under clause 2(j) of rule XI and directing the chair to schedule a further day of hearings (June 16, 2005, p. 12994); (4) alleging that the majority members of a committee wrongfully withheld a committee record from minority committee members (Jan. 24, 2007, p. 2139); (5) alleging that staff of the House Commission on Congressional Mailing Standards willfully applied different standards to submitted material on the basis of party and disapproving of the failure of the majority Members of that commission to ensure that staff executed their duties in a professional, fair, and impartial manner (July 29, 2009, p. _); (6) disapproving the actions of a committee chair for alleged impropriety in interfering with a criminal investigation (June 29, 2012, p. _). However, charges of committee inaction (III, 2610), secret committee conferences (VI, 578), refusal to make a staff study available to certain Members and to the public (Feb. 14, 1939, p. 1370), refusal to give hearings or allow petitions to be read (III, 2607), refusal to permit committee member to take photostatic copies of committee files (Aug. 14, 1957, p. 14739), and calling for a determination whether a committee violated House rules by voting to take allegedly defamatory testimony in open session (June 30, 1958, p. 12690), were all held not to give rise to a question of the privileges of the House. Alleged improprieties in committee procedures may give rise to questions of the privileges of the House, including resolutions: (1) alleging that the chair of a committee directed his staff to request the Capitol Police to remove minority party members from a committee room where they were meeting during the reading of an amendment, alleging that the chair deliberately and improperly refused to recognize a legitimate and timely objection by a member of the committee to dispense with the reading of that A resolution alleging that a Member had interrupted an address by the President to a joint session of Congress by interjecting remarks, and disapproving of that behavior, presents a question of the privileges of the House (Sept. 15, 2009, p. 21662). [[Page 424]] in the West Front of the Capitol (July 25, 1980, pp. 19762-64) or an insecure ceiling in the Hall (III, 2685); directing the appointment of a select committee to inquire into alleged fire safety deficiencies in the environs of the House (May 10, 1988, p. 10286); and directing the Sergeant-at-Arms to ensure that House personnel are alerted to the dangers of electronic security breaches on computer and information systems (June 11, 2008, p. 12233).
Sec. 705. Questions relating to comfort and convenience. The privileges of the House include questions relating to the comfort and convenience of Members and employees (III, 2629-2636), such as resolutions concerning the proper attire for Members in the Chamber when the temperature is uncomfortably warm (July 17, 1979, p. 19008); as well as questions relating to safety, such as resolutions requiring an investigation into the safety of Members in view of alleged structural deficiencies
[[Page 425]] of the full committee (clause 1 of rule XI), a question of the privileges of the House is raised where it is alleged that subcommittee ratios should reflect full committee ratios established by the House and failure to do so denies representational rights at the subcommittee level (Oct. 4, 1984, p. 30042). A resolution alleging that a recitation of the Pledge of Allegiance at the start of each legislative day would enhance the dignity and integrity of the proceedings of the House and directing that the Speaker implement such a recitation as the practice of the House was held to propose a change in the rules and therefore not to give rise to a question of the privileges of the House (Sept. 9, 1988, p. 23298). A resolution directing that the reprogramming process established in law for legislative branch appropriations be subjected to third-party review for conformity with external standards of accounting but alleging no deviation from duly constituted procedure was held not to give rise to a question of the privileges of the House (May 20, 1992, p. 12005 (sustained by tabling of appeal)). A resolution to permit the Delegate of the District of Columbia to vote on articles of impeachment of the President in contravention of statutory law and the Rules of the House was held to be tantamount to a change in the rules and therefore not to constitute a question of the privileges of the House (Dec. 18, 1998, p. 27825). A resolution directing a standing committee to release executive-session material referred to it as such by special rule of the House was held to propose a change in the rules and, therefore, not to constitute a question of the privileges of the House (Sept. 23, 1998, p. 21562). A resolution expressing Congressional sentiment that the President should take specified action to achieve a desired public policy, even though involving executive action under a treaty (under which the Senate had exercised its prerogative to ratify), does not present a question of the privileges of the House, but rather is a legislative matter to be considered under ordinary rules relating to priority of business (June 6, 2002, p. 9492 (sustained by tabling of appeal)).
Sec. 706. May not effect change in rules. A motion to amend the Rules of the House does not present a question of privilege (Speaker Cannon, sustained by the House, thereby overruling the House's decision of March 19, 1910 (VIII, 3376), which held such motion privileged (VIII, 3377)), and a question of the privileges of the House may not be invoked to effect a change in the rules or standing orders of the House or their interpretation (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73; Sept. 9, 1988, p. 23298; July 30, 1992, p. 20339; Jan. 31, 1996, p. 1887), including directions to the Speaker infringing upon the discretionary power of recognition under clause 2 of rule XVII (formerly clause 2 of rule XIV) (July 25, 1980, pp. 19762-64), for example, by requiring that the Speaker give priority in recognition to any Member seeking to call up a matter highly privileged pursuant to a statutory provision, over a member from the Committee on Rules seeking to call up a privileged report from that committee (Speaker Wright, Mar. 11, 1987, p. 5403), or by requiring that the Speaker state the question on overriding a veto before recognizing for a motion to refer (thereby overruling prior decisions of the Chair to change the order of precedence of motions) (Speaker Wright, Aug. 3, 1988, p. 20281). Similarly, a resolution alleging that, in light of an internationally objectionable French program of nuclear test detonations, for the House to receive the President of France in a joint meeting would be injurious to its dignity and to the integrity of its proceedings, and resolving that the Speaker withdraw the pending invitation and refrain from similar invitations, was held not to present a question of the privileges of the House because it proposed a collateral change in an order of the House previously adopted (that the House recess for the purpose of receiving the President of France) and a new rule for future cases (Jan. 31, 1996, p. 1887). A resolution collaterally challenging the validity or fairness of an adopted rule of the House by delaying its implementation was held not to give rise to a question of the privileges of the House (Feb. 3, 1993, p. 1974 (sustained by tabling of appeal)). A resolution directing that the party ratios of all standing committees, subcommittees, and staffs thereof be changed within a time certain to reflect overall party ratios in the House was held to constitute a change in the Rules of the House and not to constitute a proper question of the privileges of the House (the standing rules already providing mechanisms for selecting committee members and staff) (Jan. 23, 1984, p. 78). On the other hand, although the Rules of the House establish a procedure for fixing the ratio of majority to minority members on full committees and also provide that subcommittees are subject to the direction and control
[[Page 426]] July 23, 2009, p. 18853 (sustained by tabling of appeal)); (2) a resolution amending a special order of business resolution (July 17, 2009, p. 18192 (sustained by tabling of appeal); July 24, 2009, p. 19156 (sustained by tabling of appeal)); (3) a resolution alleging that the inability of the House to enact certain legislation constituted an impairment of the dignity of the House, the integrity of its proceedings, and its place in public esteem, and resolving that the House be considered to have passed such legislation (Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248) or exhorting it to do so (Mar. 11, 2008, p. 3707 (sustained by tabling of appeal); Dec. 13, 2011, p. _); (4) a resolution precluding an adjournment of the House until a specified legislative measure is considered (Feb. 1, 1996, p. 2247; Mar. 13, 2008, pp. 4075, 4076 (sustained by tabling of appeal)) or precluding an assembly during a specified post-election period (Aug. 10, 2010, p. _ (sustained by tabling of appeal); Sept. 23, 2010, p. _ (sustained by tabling of appeal)); (5) a resolution prohibiting the House from considering a measure alleged to violate a House rule and to be unconstitutional (May 21, 2013, p. _). See also Sec. 702, supra, for a discussion of legislative propositions purporting to present questions of the privileges of the House. A question of the privileges of the House may not be invoked to prescribe a special order of business for the House, because otherwise any Member would be able to attach privilege to a legislative measure merely by alleging impact on the dignity of the House based upon House action or inaction (June 27, 1974, p. 21596; Feb. 7, 1995, p. 3905; Dec. 22, 1995, p. 38501; Jan. 3, 1996, p. 40; Jan. 24, 1996, p. 1248; Feb. 1, 1996, p. 2245; Oct. 10, 1998, p. 25420; Nov. 4, 1999, pp. 28528-33; June 6, 2002, p. 9492 (sustained by tabling of appeal); Oct. 2, 2002, pp. 18932 (sustained by tabling of appeal), 18934 (sustained by tabling of appeal), 18936 (sustained by tabling of appeal), 18938 (sustained by tabling of appeal); Oct. 3, 2002, pp. 19001 (sustained by tabling of appeal), 19002 (sustained by tabling of appeal)). For example, the following resolutions have been held not to give rise to a question of the privileges of the House: (1) a resolution directing a committee to meet and conduct certain business (June 27, 1974, p. 21596; July 31, 1975, p. 26250; June 25, 2009, p. 16440 (sustained by tabling of appeal); July 9, 2009, p. 17242 (sustained by tabling of appeal); [[Page 427]] questions of privilege to come within the specific provisions of this rule (VI, 48; VII, 889; Apr. 8, 1926, p. 7147) (see Sec. 702, supra).
Sec. 707. As distinct from privileged questions. The clause of the rule giving questions of privilege precedence over all other questions except a motion to adjourn is a recognition of a well- established principle in the House, for it is an axiom of the parliamentary law that such a question ``supersedes the consideration of the original question, and must be first disposed of'' (III, 2522, 2523; VI, 595). As the business of the House began to increase it was found necessary to give certain important matters a precedence by rule, and such matters are called ``privileged questions.'' But as they relate merely to the order of business under the rules, they are to be distinguished from ``questions of privilege'' that relate to the safety or efficiency of the House itself as an organ for action (III, 2718). It is evident, therefore, that a question of privilege takes precedence over a matter merely privileged under the rules (III, 2526-2530; V, 6454; VIII, 3465). Certain matters of business, arising under provisions of the Constitution, have been held to have a privilege that superseded the rules establishing the order of business, as bills providing for census or apportionment (I, 305-308), bills returned with the objections of the President (IV, 3530-3536), propositions of impeachment (see Sec. 604, supra), and questions incidental thereto (III, 2401, 2418; V, 7261; July 22, 1986, p. 17306; Dec. 2, 1987, p. 33720; Jan. 3, 1989, p. 84; Feb. 7, 1989, p. 1726), matters relating to the count of the electoral vote (III, 2573-2578), resolutions relating to adjournment and recess of Congress (V, 6698, 6701-6706; Nov. 13, 1997, p. 26538), and a resolution declaring the Office of the Speaker vacant (VI, 35); but under later decisions certain of these matters that have no other basis in the Constitution or in the rules for privileged status, such as bills relating to census and apportionment, have been held not to present questions of privilege, and the effect of such decisions is to require all
A resolution that presents a proper question of the privileges of the House (alteration of subcommittee hearing transcripts) may propose the creation of a select investigatory committee with subpoena authority to report back to the House by a date certain (June 29, 1983, p. 18104), but may not appropriate funds for the investigating committee from the contingent fund (now referred to as ``applicable accounts of the House described in clause 1(k)(1) of rule X'') (VI, 395).
Sec. 708. Questions of personal privilege. The privilege of the Member rests primarily on the Constitution, which grants conditional immunity from arrest (Sec. 90, supra) and an unconditional freedom of debate in the House (III, 2670, Sec. 92, supra). An assault on a Member within the Capitol when the House was not in session, from a cause not connected with the Member's representative capacity, was also held to involve a question of privilege (II, 1624). But there has been doubt as to the right of the House to interfere for the protection of Members in matters not connected with their official duties (II, 1277; III, 2678, footnote). Charges against the conduct of a Member are held to involve privilege when they relate to the Member's representative capacity (III, 1828-1830, 2716; VI, 604, 612; VIII, 2479), but not when they relate to conduct at a time before such person became a Member (II, 1287; III, 2691, 2723, 2725). Although questions of personal privilege normally involve matters touching on a Member's reputation, a Member may be recognized for a question of personal privilege based on a violation of his rights as a Member, such as unauthorized printed alterations in his statements made during a subcommittee hearing in a prior Congress (because the second phrase of this clause speaks to the ``rights, reputation, and conduct of Members, individually'') (June 28, 1983, p. 17674). A printed characterization by an officer of the House of a Member's proposed amendments as ``dilatory and frivolous'' may give rise to a question of personal privilege (Aug. 1, 1985, p. 22542) as may the fraudulent use of a Member's official stationery as a ``Dear Colleague'' letter (Sept. 17, 1986, p. 23605). Although a Member may be recognized on a question of personal privilege to complain about an abuse of House rules as applied to debate in which such Member was properly participating, such Member may not raise a question of personal privilege merely to complain that microphones had been turned off during disorderly conduct following expiration of recognition for debate (Mar. 16, 1988, p. 4085). A Member's mere assertion of general corruption in the House does not support a question of personal privilege (Jan. 18, 2007, p. 1625).
[[Page 428]] privilege to discuss his own official conduct previously resolved by the House, which question was based upon press accounts (Apr. 17, 1997, p. 5834). Speaker Hastert rose to a question of personal privilege to discuss the process for selecting a Chaplain, which question was based on press accounts (Mar. 23, 2000, p. 3478). Speaker Wright rose to a question of personal privilege to respond to a ``statement of alleged violations'' pending in the Committee on Standards of Official Conduct; and, pending the committee's disposition of his motion to dismiss, announced his intention to resign as Speaker and as a Member (May 31, 1989, p. 10440). Speaker Gingrich rose to a question of personal A Member rose to a question of personal privilege to discuss: (1) his own official conduct relative to his account with the ``bank'' operated by the Sergeant-at-Arms, which question was based on press accounts (Mar. 19, 1992, p. 6074); (2) reflections on his character in pointed descriptions of recorded votes taken in committee on a Member's amendments, included in a committee report under clause 3(b) of rule XIII, which question was based on the report and on certain media coverage thereof (May 5, 2005, p. 8691; May 10, 2005, p. 9094); (3) allegations that he had used procedural tactics to disrupt a memorial service in the Rotunda for a late Member (Feb. 14, 2008, p. 2195); (4) a ``Dear Colleague'' alleging willful violation of the rules of the Committee on Standards of Official Conduct by its ranking minority member (Mar. 12, 2008, p. 3858); (5) allegations that he accepted an appointment from the administration in exchange for certain votes (Mar. 19, 2010, p. _); (6) a pending investigation by the Committee on Standards of Official Conduct of her, including disciplinary action taken by the committee against professional staff assigned to the case (Dec. 9, 2010, p. _). A committee chair rose to a question of personal privilege: (1) based on press accounts concerning allegations by other Members that he had been ``buying votes'' (Mar. 26, 1998, p. 4851); (2) based on press accounts containing statements impugning his character and motive by alleging intentional violation of rules governing the conduct of an investigation (May 12, 1998, p. 8838); (3) to discuss his own official conduct, which question was based on a letter of reproval reported by the Committee on Standards of Official Conduct (Oct. 5, 2000, p. 21048); (4) based on press accounts impugning his character to discuss his decision to direct his staff to request the Capitol Police to remove minority party members from a committee room where they were meeting during the reading of an amendment at a committee markup (July 23, 2003, p. 19171); (5) based on press accounts regarding the receipt of illegal gifts and campaign contributions (July 31, 2008, p. 17462) and violations of federal tax law (Sept. 10, 2008, p. 18419) and a statement of alleged violations by the Committee on Standards of Official Conduct regarding those accusations (Aug. 10, 2010, p. _). [[Page 429]] But vague charges in newspaper articles (III, 2711; VI, 570), criticisms (III, 2712-2714; VIII, 2465), or even misrepresentations of the Member's speeches or acts or responses in an interview (III, 2707, 2708; Aug. 3, 1990, p. 22135), have not been entertained. A question of personal privilege may not ordinarily be based merely on words spoken in debate (July 23, 1987, p. 20861; Mar. 16, 1988, p. 4085; Nov. 16, 1989, p. 29569; Sept. 25, 1996, p. 24807; Sept. 21, 2001, p. 17613; Mar. 31, 2004, p. 5763; July 21, 2009, p. 18508) or conveyed by an exhibit in debate (June 28, 2000, p. 12723) and the Chair does not interpret remarks in debate challenged on the basis of personal privilege (July 25, 2012, p. _). However, a Member may raise a question of personal privilege based upon press accounts of another Member's remarks, in debate or off the floor, that impugn the character or motives of that Member (May 15, 1984, pp. 12207, 12211; May 31, 1984, p. 14620; Mar. 27, 2012, p. _), newspaper accounts of televised press coverage of a committee hearing at which that Member was criticized derogatorily (Mar. 3, 1988, p. 3196), or press accounts arraigning personally offensive remarks a Member had made in debate regarding the President (Oct. 23, 2007, p. 27967). A distinction has been drawn between charges made by one Member against another in a newspaper or press release (July 28, 1970, p. 26002) or in a ``Dear Colleague'' letter (Aug. 4, 1989, p. 19139; May 14, 1996, p. 11081; Mar. 12, 2008, p. 3858), and the same when made on the floor (III, 1827, 2691, 2717). Charges made in newspapers against Members in their representative capacities involve privilege (III, 1832, 2694, 2696-2699, 2703, 2704; VI, 576, 621; VIII, 2479), even though the names of individual Members are not given (III, 1831, 2705, 2709; VI, 616, 617).
Sec. 709. Precedence of questions of privileges of the House. The body of precedent relating to the precedence of questions of privilege spans both the adoption of this rule in 1880 and its amendment to require notice in certain cases in 1993.
[[Page 430]] and the Chair's power of recognition determines which of two matters of equal privilege is considered first (July 24, 1990, p. 18916). Although under rule IX a question of the privileges of the House takes precedence over all other questions except the motion to adjourn, the Speaker may, pursuant to the power of recognition under clause 2 of rule XVII (formerly clause 2 of rule XIV), entertain unanimous-consent requests for ``one-minute speeches'' pending recognition for a question of privilege, because such unanimous-consent requests, if granted, temporarily waive the standing Rules of the House relating to the order of business (Speaker O'Neill, July 10, 1985, p. 18394; Feb. 6, 1989, pp. 1676-82). A question of privilege may interrupt: (1) the reading of the Journal (II, 1630; VI, 637); (2) the consideration of a bill (or series of measures) that had been made in order by a special rule (III, 2524, 2525); (3) in an exceptional decision, where the rule thereon ordered the previous question to final passage without intervening motion, after consideration of the measure in the Committee of the Whole but before passage in the House (VI, 560); (4) under antiquated drafting conventions for special orders of business that ordered the previous question after debate, the consideration of certain matters on which the previous question has been ordered (III, 2532; VI, 561; VIII, 2688). A question of privilege takes precedence over (1) business in order on Calendar Wednesday (VI, 394; VII, 908-910), a ``suspension day'' (III, 2553; VI, 553; June 5, 2007, p. 14600), or over certain motions given precedence under a special rule (VI, 565); (2) reports from the Rules Committee before consideration has begun (VIII, 3491; Mar. 11, 1987, p. 5403); (3) call of the Consent Calendar on Monday (VI, 553), before that Calendar was repealed (H. Res. 168, June 20, 1995, p. 16574); (4) motions to resolve into the Committee of the Whole (VI, 554; VIII, 3461); (5) unfinished business, privileged under clauses 1 and 3 of rule XIV (formerly rule XXIV) (Speaker Albert, June 4, 1975, p. 16860). Because a resolution raising a question of the privileges of the House takes precedence over a motion to suspend the rules, it may be offered and voted on between motions to suspend the rules on which the Speaker has postponed record votes (May 17, 1983, p. 12486). In general, one question of privilege may not take precedence over another (III, 2534, 2552, 2581), A Member's announcement of intent to offer a resolution as a question of privilege may take precedence over a special order reported from the Committee on Rules; but, if a special order is pending, such announcements are counted against debate on the resolution absent unanimous consent to the contrary (Oct. 28, 1997, pp. 23525, 23527). While a question of privilege is pending, a message of the President is received (V, 6640-6642), but is read only by unanimous consent (V, 6639). A motion to reconsider may also be entered but may not be considered (V, 5673-5676). It has been held that only one question of privilege may be pending at a time (III, 2533), but having presented one question of privilege, a Member, before discussing it, may submit a second question of privilege related to the first and discuss both on one recognition (VI, 562). Although a resolution raising a question of the privileges of the House has precedence over all other questions, it is nevertheless subject to disposition by the ordinary motions permitted under clause 4 of rule XVI, and by the motion to commit under clause 2 of rule XIX (formerly clause 1 of rule XVII) (Speaker Albert, Feb. 19, 1976, p. 3914; Apr. 28, 1983, p. 10423; Mar. 22, 1990, p. 4996). [[Page 431]] (Apr. 30, 1985, p. 9808; May 1, 1985, p. 10003). The Chair may require a Member to submit for examination the material upon which the Member would rely before conferring recognition for a question of personal privilege (Jan. 18, 2007, p. 1625).
Sec. 711. Precedence of questions of personal privilege. When a Member proposes merely to address the House on a question of personal privilege, and does not offer a resolution affecting the dignity or integrity of the House for action, the practice as to precedence is somewhat different. Thus, a Member rising to a question of personal privilege may not interrupt a call of the yeas and nays (V, 6051, 6052, 6058, 6059; VI, 554, 564), or take from the floor another Member who has been recognized for debate (V, 5002; VIII, 2459, 2528; Sept. 29, 1983, p. 26508; July 23, 1987, p. 20861), but may interrupt the ordinary legislative business (III, 2531). A Member may address the House on a question of personal privilege even after the previous question has been ordered on a pending bill (VI, 561; VIII, 2688). Under modern practice, a question of personal privilege may not be raised in the Committee of the Whole (Sept. 4, 1969, p. 24372; Dec. 13, 1973, p. 41270), the proper remedy being a demand that words be taken down pursuant to clause 4 of rule XVI; yet a breach of privilege occurring in the Committee of the Whole relates to the dignity of the House and is so treated (II, 1657). A question of personal privilege may not be raised while a question of the privileges of the House is pending
<> Whenever it is asserted on the floor that the privileges of the House are invaded, the Speaker entertains the question (II, 1501), and may then refuse recognition if the resolution is not admissible as a question of privilege under the rule. A proper question of privilege may be renewed (Nov. 17, 1995, p. 33846). Although the early custom was for the Speaker to submit to the House the question whether a resolution involved the privileges of the House (III, 2718), the modern practice is for the Speaker to rule directly on the question (VI, 604; Speaker Wright, Mar. 11, 1987, p. 5404; Feb. 3, 1995, p. 3571; Feb. 7, 1995, p. 3905), subject to appeal where appropriate (Speaker Albert, June 27, 1974, p. 21596). In raising a question of personal privilege, a Member in the first instance must apprise the Chair of the grounds on which recognition may be conferred (Deschler, ch. 11, Sec. 21.1; Jan. 18, 2007, p. 1625; Sept. 10, 2008, p. 18422).
Sec. 712. Questions of privilege in relation to quorum. During a call of the House in the absence of a quorum, only such questions of privilege as relate immediately to those proceedings may be presented (III, 2545). See also Sec. 1024, infra.
Under the form of the rule adopted in the 103d Congress, the Speaker has discretion to recognize a Member other than the Majority or Minority Leader to proceed immediately on a resolution offered as a question of the privileges of the House (Speaker Foley, Feb. 3, 1993, p. 1974); and is not required to announce the time designated to consider a resolution at the time the resolution is noticed (Feb. 11, 1994, p. 2209). The Speaker does not rule on the privileged status of a resolution at the time that resolution is noticed, but only when called up (Feb. 11, 1994, p. 2209; Sept. 13, 1994, p. 24389; Feb. 3, 1995, p. 3571). [[Page 432]] and a parliamentary inquiry regarding its content, in the discretion of the Chair, should await the conclusion of the reading (Dec. 8, 2005, p. 27812). A proposition of privilege may lose its precedence by association with a matter not of privilege (III, 2551; V, 5890; VI, 395). Debate on a question of privilege is under the hour rule (V, 4990; VIII, 2448), but the previous question may be moved (II, 1256; V, 5459, 5460; VIII, 2672); since the 103d Congress, however, the rule has provided for divided control of the hour in the case of a resolution offered from the floor. Consideration of a resolution as a question of the privileges of the House may include recognition for an hour of debate on a motion to refer under clause 4 of rule XVI (Mar. 12, 1992, p. 5557; Sept. 29, 2006, p. 21334); a separate hour of debate on the resolution, itself, under clause 2 of rule XVII (formerly clause 2 of rule XIV); and a motion to commit (not debatable after the ordering of the previous question) under clause 2 of rule XIX (formerly clause 1 of rule XVII) (Mar. 12, 1992, p. 5557). Debate on a letter of resignation is controlled by the Member moving the acceptance of the resignation (Mar. 8, 1977, pp. 6579-82) if the resigning Member does not seek recognition (June 16, 1975, p. 19054; June 8, 2006, p. 10498). Debate on a question of personal privilege must be confined to the statements or issues that gave rise to the question of privilege (V, 5075-77; VI, 576, 608; VIII, 2448, 2481; May 31, 1984, p. 14623). A Member recognized only on the question of whether a resolution qualifies as a question of privilege is not recognized to debate such resolution (Nov. 3, 2005, pp. 24757, 24758; May 21, 2013, p. _). Remarks uttered while not under recognition for debate do not render untimely a motion before debate to lay on the table a resolution offered under this rule (Aug. 3, 2007, p. 22783). Common fame has been held sufficient basis for raising a question (III, 2538, 2701); a telegraphic dispatch may also furnish a basis (III, 2539). A report relating to the contemptuous conduct of a witness before a committee gives rise to a question of the privileges of the House and may, under this rule, be considered on the same day reported notwithstanding the requirement of clause 4(a) of rule XIII (formerly clause 2(l)(6) of rule XI) that reports from committees be available to Members for at least three calendar days before consideration (Speaker Albert, July 13, 1971, pp. 24720-23). But a Member may not, as a matter of right, require the reading of a book or paper by suggesting that it contains matter infringing on the privileges of the House (V, 5258). In presenting a question of personal privilege the Member is not required in the first instance to offer a motion or resolution, but must take this preliminary step in raising a question of the privileges of the House (III, 2546, 2547; VI, 565-569; VII, 3464). Such a resolution is read in full by the Clerk (Oct. 10, 1998, p. 25420), Rule X Committees and their legislative jurisdictions organization of committees [[Page 433]] those committees, in accordance with clause 2 of rule XII, as follows:
714. Number and jurisdiction of standing committees. 1. There shall be in the House the following standing committees, each of which shall have the jurisdiction and related functions assigned by this clause and clauses 2, 3, and 4. All bills, resolutions, and other matters relating to subjects within the jurisdiction of the standing committees listed in this clause shall be referred to
Under the Legislative Reorganization Act of 1946 (60 Stat. 812), the 44 committees of the 79th Congress were consolidated into 19, effective January 2, 1947. The number of standing committees grew over time with the creation of the Committee on Science and Astronautics (now Science, Space, and Technology), established on July 21, 1958 (p. 14513); the Committee on Standards of Official Conduct (now Ethics), established on April 13, 1967 (p. 9425); the Committee on the Budget, established on July 12, 1974, by the Congressional Budget Act of 1974 (88 Stat. 297); and the Committee on Small Business, established as a standing committee effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee on Internal Security was abolished in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). The 104th Congress reduced the number to 19 by abolishing the Committees on the District of Columbia, Merchant Marine and Fisheries, and Post Office and Civil Service (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Matters formerly in the jurisdiction of the Committees on the District of Columbia and Post Office and Civil Service were transferred to the Committee on Oversight and Government Reform (formerly Government Reform and Oversight); and matters formerly in the jurisdiction of the Committee on Merchant Marine and Fisheries were transferred to the Committees on Natural Resources, Transportation and Infrastructure (formerly Public Works and Transportation), Armed Services (National Security during the 104th and 105th Congresses), and Science, Space, and Technology (Science during the 104th through 109th Congresses) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). The 109th Congress established the Committee on Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42). A Permanent Select Committee on Intelligence was established in the 95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49). Before the House recodified its rules in the 106th Congress, that committee was found in former rule XLVIII (current clause 11 of rule X) (H. Res. 5, Jan. 6, 1999, p. 47). A Permanent Select Committee on Aging was added to clause 6 of this rule effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) and stricken in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). [[Page 434]] Although earlier forms of the rule specified the number of Members comprising each of the standing committees, those specifications were eliminated in the 93d Congress, leaving to the House the authority to establish the sizes of committees by the numbers elected pursuant to clause 5 of rule X. The rules still specify part of the composition of the Committee on the Budget (clause 5(a)(2) of rule X), and the size and ratio of the Committee on Ethics (clause 5(a)(3)(A) of rule X), as well as the size and preferred composition of the Permanent Select Committee on Intelligence (clause 11(a) of rule X). The Speaker refers public bills in accordance with clause 1 of rule X, but when the House itself refers a bill it may send it to any committee without regard to the rules of jurisdiction (IV, 4375; V, 5527; VII, 2131) and jurisdiction is thereby conferred (IV, 4362-4364; VII, 2105). Motions for change of reference of public bills and resolutions must be authorized by the committee claiming jurisdiction (clause 7 of rule XII; VII, 2121; Feb. 13, 1918, p. 2070; Jan. 10, 1941, p. 100), must be made immediately following the reading of the Journal (VII, 1809, 2119, 2120), must apply to a single bill and not to a class of bills (VII, 2125), may be amended (VII, 2127), may not be divided (VII, 2125), and may not be debated (VII, 2126, 2128), but are not in order on Calendar Wednesday (VII, 2117), and are not privileged if the original reference was not erroneous (VII, 2125). The rereferral of most bills, however, is accomplished by unanimous consent (see Procedure, ch. 17, Sec. Sec. 17- 38). Before the 94th Congress, a bill could not be divided among two or more committees, even though it might have contained matters properly within the jurisdiction of several committees (IV, 4372). The Committee Reform Amendments of 1974 added former clause 5 of rule X (current clause 2 of rule XII), permitting the Speaker to refer any matter to more than one committee (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). That provision was amended in the 104th Congress to require the Speaker to designate a primary committee among those to which a matter is initially referred (sec. 205, H. Res. 6, Jan. 4, 1995, p. 467). However, the provision was amended again in the 108th Congress to permit the Speaker to refrain from designating a primary committee in extraordinary circumstances (sec. 2(i), H. Res. 5, Jan. 7, 2003, p. 7; see Sec. 816, infra). [[Page 435]] A committee having jurisdiction over a subject by means of a petition (IV, 3365) properly referred (IV, 4361) can report on the subject thereof. It has generally been held that a committee may not report a bill whereof the subject matter has not been referred to it by the House (IV, 4355-4360, 4372; VII, 1029, 2101, 2102). Where a House bill is returned from the Senate with a substitute amendment relating to a new and different subject, the reference could nevertheless be to the committee having jurisdiction over the original bill (IV, 4373, 4374); normally, however, such amended measures are held at the Speaker's table until disposed of by the House. The erroneous reference of a public bill under this rule, if it remains uncorrected, in effect gives jurisdiction (IV, 4365-4371; VII, 2108), but such is not the case with a private bill or petition (IV, 3364, 4382-4389) unless the reference be made by action of the House itself (IV, 4390, 4391; VII 2131). A point of order as to the reference of a private bill is timely when the bill comes up for consideration, either in the House or in the Committee of the Whole (IV, 4382-4389; VII, 2116, 2132; VIII, 2262) or at any time before passage (VII, 2116). The reference of a bill to a committee involving the same subject matter as a bill previously reported confers jurisdiction anew upon the committee to consider and report the bill subsequently introduced (VIII, 2311). Clause 4 of rule XII prohibits the receipt or consideration of certain private bills relating to claims, pensions, construction of bridges, and the correction of military or naval records. In the 104th Congress the House adopted a rule to prohibit introduction or consideration of any bill or resolution expressing a commemoration by designation of a specified period of time (current clause 5 of rule XII, former clause 2 of rule XXII) (sec. 216, H. Res. 6, Jan. 4, 1995, p. 468). (a) Committee on Agriculture.
Sec. 715. Agriculture. (1) Adulteration of seeds, insect pests, and protection of birds and animals in forest reserves.
(2) Agriculture generally. (3) Agricultural and industrial chemistry. (4) Agricultural colleges and experiment stations. (5) Agricultural economics and research. (6) Agricultural education extension services. (7) Agricultural production and marketing and stabilization of prices of agricultural products, and commodities (not including distribution outside of the United States). (8) Animal industry and diseases of animals. (9) Commodity exchanges. (10) Crop insurance and soil conservation. (11) Dairy industry. (12) Entomology and plant quarantine. (13) Extension of farm credit and farm security. (14) Inspection of livestock, poultry, meat products, and seafood and seafood products. (15) Forestry in general and forest reserves other than those created from the public domain. [[Page 436]] (16) Human nutrition and home economics. (17) Plant industry, soils, and agricultural engineering. (18) Rural electrification. (19) Rural development. (20) Water conservation related to activities of the Department of Agriculture. This committee was established in 1820 (IV, 4149). In 1880 the subject of forestry was added to its jurisdiction, and the committee was conferred authority to receive estimates of and to report appropriations (IV, 4149). However, on July 1, 1920, authority to report appropriations for the Department of Agriculture was transferred to the Committee on Appropriations (VII, 1860). The basic form of the present jurisdictional statement was made effective January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812). Subparagraph (7) was altered by the 93d Congress, effective January 3, 1975, to include jurisdiction over agricultural commodities (including the Commodity Credit Corporation (CCC)) while transferring jurisdiction over foreign distribution and nondomestic production of commodities to the Committee on Foreign Affairs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Nevertheless, the committee has retained limited jurisdiction over measures to release CCC stocks for such foreign distribution (Sept. 14, 1989, p. 20428). Previously unstated jurisdictions over commodities exchanges and rural development were codified effective January 3, 1975. The 104th Congress consolidated the committee's jurisdiction over inspection of livestock and meat products to include inspection of poultry, seafood, and seafood products, and added subparagraph (20) relating to water conservation (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). The committee has had jurisdiction over bills for establishing and regulating the Department of Agriculture (IV, 4150), for inspection of livestock and meat products, regulation of animal industry, diseases of animals (IV, 4154; VII, 1862), adulteration of seeds, insect pests, protection of birds and animals in forest reserves (IV, 4157; VII, 1870), the improvement of the breed of horses, even with the cavalry service in view (IV, 4158; VII, 1865), and, in addition to the Committee on Energy and Commerce, amending the Horse Protection Act to prevent the shipping, transporting, moving, delivering, or receiving of horses to be slaughtered for human consumption (July 13, 2006, p. 14304). [[Page 437]] is part of a National Forest created from the public domain (Mar. 23, 2004, p. 4926). The committee also has exercised jurisdiction over bills: relating to agricultural colleges and experiment stations (IV, 4152), incorporation of agricultural societies (IV, 4159), and establishment of a highway commission (IV, 4153); to discourage fictitious and gambling transactions in farm products (IV, 4161; VII, 1861); to regulate the transportation, sale, and handling of dogs and cats intended for use in research and the licensing of animal research facilities (July 29, 1965, p. 18691); to designate an agricultural research center (May 14, 1996, p. 11070). The committee shares with the Committee on the Judiciary jurisdiction over a bill comprehensively amending the Immigration and Nationality Act and including food stamp eligibility requirements for aliens (Sept. 19, 1995, p. 25533). The committee, having charge of the general subject of forestry, has reported bills relating to timber, and forest reserves other than those created from the public domain (IV, 4160). The Committee on Natural Resources, and not this committee, has jurisdiction over a bill to convey land that The House referred the President's message dealing with the refinancing of farm-mortgage indebtedness to the committee, thus conferring jurisdiction (Apr. 4, 1933, p. 1209). The committee has jurisdiction over a bill relating solely to executive level positions in the Department of Agriculture (Mar. 2, 1976, p. 4958) and has jurisdiction over bills to develop land and water conservation programs on private and non-Federal lands (June 7, 1976, p. 16768). (b) Committee on Appropriations.
Sec. 716. Appropriations. (1) Appropriation of the revenue for the support of the Government.
(2) Rescissions of appropriations contained in appropriation Acts. (3) Transfers of unexpended balances. (4) Bills and joint resolutions reported by other committees that provide new entitlement authority as defined in section 3(9) of the Congressional Budget Act of 1974 and referred to the committee under clause 4(a)(2). This committee was established in 1865, when all the general appropriation bills were confided to its care. In 1885 a portion of the bills were distributed to other committees. On July 1, 1920, the committee again was given jurisdiction over all appropriation measures (VII, 1741). [[Page 438]] In the 95th Congress this paragraph was amended to correct a typographical error (H. Res. 5, Jan. 4, 1977, p. 53). Subparagraph (4) was amended in the 105th and 106th Congresses to conform to changes made by the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33; H. Res. 5, Jan. 6, 1999, p. 47). When the House recodified its rules in the 106th Congress, it transferred an undesignated portion of this paragraph to clause 3(f)(2) of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47). The authority to conduct studies and examinations of the organization and operation of executive departments and agencies was first given to this committee on February 11, 1943 (p. 884); continued by resolution of January 9, 1945 (p. 135); and incorporated into permanent law in section 202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812). This authority was first made part of the standing rules on January 3, 1953 (pp. 17, 24), and is now listed as a special oversight responsibility of the committee in clause 3 of rule X, effective January 3, 1975 (formerly clause 2(b)(3) of rule X) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The committee is also authorized and directed to hold hearings on the budget as a whole in open session within 30 days of its submission (clause 4(a)(1)(A) of rule X), and to study on a continuing basis provisions of law providing spending authority or permanent budget authority and to report to the House recommendations for terminating or modifying such provisions (clause 4(a)(3) of rule X). The requirement of section 139 of the Legislative Reorganization Act of 1946 (60 Stat. 812) that the Committees on Appropriations of the House and Senate develop a standard appropriation classification schedule was superseded by section 202(a) of the Legislative Reorganization Act of 1970 (84 Stat. 1167), which now imposes that responsibility upon the Secretary of the Treasury and the Office of Management and Budget. The further requirement of section 139 of the 1946 Act that the Appropriations Committees study existing permanent appropriations and recommend which, if any, should be discontinued was made the responsibility of all standing committees of the House by clause 4(e) of rule X, through enactment of section 253 of the 1970 Act (84 Stat. 1175). Although this committee has authority to report appropriations, the power to report legislation relating thereto belongs to other committees (IV, 4033; clause 2 of rule XXI), and a general appropriation bill reported from this committee may not contain items of appropriation not authorized by law or provisions amending existing law (except retrenchments and rescissions of appropriations), and may not contain reappropriations of unexpended balances except within agencies (clause 2 of rule XXI). General appropriation bills may not be considered in the House until hearings thereon have been available for three days (clause 4 of rule XIII). [[Page 439]]
Sec. 717. Responsibilities under Budget Act. Effective July 12, 1974, special Presidential messages on rescissions and deferrals of budget authority submitted pursuant to sections 1012 and 1013 of the Impoundment Control Act of 1974 (2 U.S.C. 683, 684), as well as rescission bills and impoundment resolutions defined in section 1011 (2 U.S.C. 682) and required in section 1017 (2 U.S.C. 688) to be referred to the appropriate committee, are referred to the Committee on Appropriations if the proposed rescissions or deferrals involve funds already appropriated or obligated. Also effective July 12, 1974, the Congressional Budget Act of 1974 (sec. 404(a)) added to the committee's jurisdiction, which was later perfected by the Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470, subparagraphs (2), (3), and (4)).
(c) Committee on Armed Services.
Sec. 718. Armed Services. (1) Ammunition depots; forts; arsenals; and Army, Navy, and Air Force reservations and establishments.
(2) Common defense generally. (3) Conservation, development, and use of naval petroleum and oil shale reserves. (4) The Department of Defense generally, including the Departments of the Army, Navy, and Air Force, generally. (5) Interoceanic canals generally, including measures relating to the maintenance, operation, and administration of interoceanic canals. (6) Merchant Marine Academy and State Maritime Academies. (7) Military applications of nuclear energy. (8) Tactical intelligence and intelligence-related activities of the Department of Defense. (9) National security aspects of merchant marine, including financial assistance for the construction and operation of vessels, maintenance of the U.S. shipbuilding and ship repair industrial base, cabotage, cargo preference, and merchant marine officers and seamen as these matters relate to the national security. (10) Pay, promotion, retirement, and other benefits and privileges of members of the armed forces. (11) Scientific research and development in support of the armed services. [[Page 440]] (12) Selective service. (13) Size and composition of the Army, Navy, Marine Corps, and Air Force. (14) Soldiers' and sailors' homes. (15) Strategic and critical materials necessary for the common defense. (16) Cemeteries administered by the Department of Defense. This committee was established January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), combining the Committee on Military Affairs with the Committee on Naval Affairs, both of which had been created in 1822 (IV, 4179, 4189) and had jurisdiction over appropriations from 1885 to 1920 (IV, 4179, 4189; VII, 1741). The committee was redesignated the Committee on National Security in the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464) and was redesignated again the Committee on Armed Services in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of a redundant undesignated recitation of a special oversight function (H. Res. 5, Jan. 6, 1999, p. 47). Much of the present legislative jurisdiction in this paragraph was adopted on January 3, 1953 (p. 17), to reflect jurisdiction over the Department of Defense, which was created in the National Security Act of 1947 (61 Stat. 495). In the 95th Congress, when the Joint Committee on Atomic Energy was abolished, this committee gained jurisdiction over military applications of nuclear energy (H. Res. 5, Jan. 4, 1977, p. 53). The 104th Congress added subparagraph (8) for clarification and subparagraphs (5), (6), and (9) to reflect the transfer of those matters from the former Committee on Merchant Marine and Fisheries (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), and later amended subparagraph (8) to effect a technical correction (H. Res. 254, Nov. 30, 1995, p. 35077). The 112th Congress added subparagraph (16), a matter formerly within the sole jurisdiction of the Committee on Veterans' Affairs (sec. 2(e)(6), H. Res. 5, Jan. 5, 2011, p. _). [[Page 441]] including authorization of appropriations to the Department of Energy for resource applications for naval petroleum and oil shale reserves (May 1, 1978, p. 11946); and effecting the transfer of military property to a State to be designated by the State as a wilderness area (Nov. 15, 1995, p. 32627). The committee has jurisdiction over bills: relating to military housing construction (Feb. 21, 1962, p. 2684; Apr. 18, 1967, p. 9981); amending title 10 of the United States Code to permit suits against the United States for damage to reputation of members of Armed Forces acquitted of charges of crimes against civilians in combat zones (July 15, 1970, p. 24451); for construction of military medical facilities (Oct. 3, 1966, p. 24859); to require military commissary, post exchange, and medical care privileges for veterans with sufficient service- connected disabilities (Feb. 3, 1976, p. 1972); of a private character to waive the statutory time limit on the award of the Congressional Medal of Honor to individuals (Feb. 22, 1982, p. 1812); The committee exercised jurisdiction with the Committee on Interior and Insular Affairs (now Natural Resources) over a resolution regarding continued operation of the Hanford Nuclear Reactor to produce power for the Bonneville Power Administration (July 17, 1986, p. 16888). (d) Committee on the Budget.
Sec. 719. Budget. (1) Concurrent resolutions on the budget (as defined in section 3(4) of the Congressional Budget Act of 1974), other matters required to be referred to the committee under titles III and IV of that Act, and other measures setting forth appropriate levels of budget totals for the United States Government.
(2) Budget process generally. (3) Establishment, extension, and enforcement of special controls over the Federal budget, including the budgetary treatment of off-budget Federal agencies and measures providing exemption from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985. This committee was established in the 93d Congress, effective July 12, 1974, by section 101 of the Congressional Budget Act of 1974 (88 Stat. 299). The separate subpoena authority conferred upon the committee by section 101(b) of that Act has been superseded by the general grant of subpoena authority to all committees in clause 2(m) of rule XI (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The committee is also charged with the special oversight functions as described in clause 3(c) and clause 4(b) of rule X. [[Page 442]] composition (current clause 5(a)(2) of rule X (H. Res. 5, Jan. 6, 1999, p. 47)). Before the House recodified its rules in the 106th Congress, this paragraph consisted of the committee's legislative jurisdiction (current paragraph (d)), its oversight jurisdiction (current clause 4 of rule X), and its [[Page 443]] recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). This committee, and not the Committee on Ways and Means, has jurisdiction over a bill establishing a rule of sequestration under the Balanced Budget and Emergency Deficit Control Act (Dec. 15, 2000, p. 27085). This committee has primary jurisdiction, and the Committee on Ways and Means has additional jurisdiction, over a bill taking Social Security trust funds off budget (Dec. 15, 2000, p. 27085). This committee has primary jurisdiction, and the Committee on Rules has additional jurisdiction, over a bill amending the Budget Act to establish new legislative points of order and directing that the President include a specified matter with the budget (Feb. 13, 2001, p. 1817). In the 99th Congress this paragraph was again amended by section 232(h) of the Balanced Budget and Emergency Deficit Control Act of 1985, to confer jurisdiction over Senate joint or concurrent resolutions constituting congressional responses to a Presidential sequestration order issued pursuant to a report of the Comptroller General under section 252(b) of that Act (P.L. 99-177). It was again amended by the Budget Enforcement Act of 1990 to conform subparagraph (2) to changes in the congressional budget laws (tit. XIII, P.L. 101-508). In the 104th Congress, the House amended the paragraph to expand the limited legislative jurisdiction of the committee by: (1) adding other measures setting forth appropriate levels of budget totals to subparagraph (2) (now subparagraph (1)); (2) granting the committee jurisdiction over the congressional budget process generally in a new subparagraph (3) (now subparagraph (2)); and (3) granting the committee jurisdiction over special controls over the Federal budget in a new subparagraph (4) (now subparagraph (3)), including receiving from the former Committee on Government Operations (now Oversight and Government Reform) jurisdiction over budgetary treatment of off-budget Federal agencies and measures providing exemption from sequestration orders issued under the Balanced Budget and Emergency Deficit Control Act (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Three rereferrals from the Committee on Government Reform to the Committee on the Budget marked this migration of off- budget treatment jurisdiction: (1) the Committee on the Budget has primary jurisdiction over a bill excluding from the budget the Civil Service Retirement and Disability Fund (although the Committee on Oversight and Government Reform retains programmatic jurisdiction over that Fund); (2) the Committee on the Budget has primary jurisdiction over a bill excluding from the budget the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (although the Committee on Transportation and Infrastructure retains programmatic jurisdiction); and (3) the Committee on the Budget has secondary jurisdiction over a bill amending title 49 of the United States Code and providing off-budget treatment for the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (Dec. 6, 1995, p. 35572). The chair of the Committee on the Budget inserted in the Congressional Record a memorandum of understanding between this committee and the Committee on Rules to clarify each Committee's jurisdiction over the congressional budget process (Jan. 4, 1995, p. 617). In the 105th Congress the jurisdictional statement in subparagraph (2), previously confined to the congressional budget process, was broadened to encompass also the executive budget process formerly included in the jurisdiction of the Committee on Government Reform and Oversight (now Oversight and Government Reform) (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic changes were effected when the House (e) Committee on Education and the Workforce. (1) Child labor.
Sec. 720. Education and the Workforce. (2) Gallaudet University and Howard University and Hospital.
(3) Convict labor and the entry of goods made by convicts into interstate commerce. (4) Food programs for children in schools. (5) Labor standards and statistics. (6) Education or labor generally. (7) Mediation and arbitration of labor disputes. (8) Regulation or prevention of importation of foreign laborers under contract. (9) Workers' compensation. (10) Vocational rehabilitation. (11) Wages and hours of labor. (12) Welfare of miners. (13) Work incentive programs. [[Page 444]] 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 105th Congress the committee was redesignated the Committee on Education and the Workforce (H. Res. 5, Jan. 7, 1997, p. 121), was redesignated the Committee on Education and Labor in the 110th Congress (sec. 212(a), H. Res. 6, Jan. 4, 2007, p. 19), and was redesignated again as the Committee on Education and the Workforce in the 112th Congress (sec. 2(e)(7), H. Res. 5, Jan. 5, 2011, p. _). This committee was established on January 2, 1947, as part of the Legislative Reorganization Act of 1946 (60 Stat. 812), combining the Committee on Education (created in 1867) (IV, 4242) and the Committee on Labor (created in 1883) (IV, 4244). When it was redesignated as the Committee on Economic and Educational Opportunities in the 104th Congress, the jurisdictional statement remained unchanged except by the combination of labor standards and labor statistics in a single subparagraph (5) (sec. By the Committee Reform Amendments of 1974, effective January 3, 1975, the committee gained jurisdiction over food programs for children in schools, an expansion of earlier jurisdiction over school-lunch programs (subpara. (4)), work incentive programs (subpara. (13)), and Indian education, a matter formerly within the specific jurisdiction of the Committee on Interior and Insular Affairs (now Natural Resources); jurisdiction of the committee over international education matters was specifically transferred to the Committee on Foreign Affairs; and its special oversight function was inserted in clause 3(c) of rule X (current clause 3(d) of rule X) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of obsolete references to the Columbia Institution for the Deaf, Dumb, and Blind, Freedmen's Hospital, and the United States Employees' Compensation Commission and the deletion of a redundant undesignated recitation of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 445]] over a bill amending the Family and Medical Leave Act of 1993 to address only private-sector employees (Oct. 30, 2007, p. 28651). The committee has jurisdiction over bills dealing with juvenile delinquency (Jan. 22, 1959, p. 1027), runaway youth (July 12, 1973, p. 23633; Sept. 10, 1973, p. 28970), human services programs administered by the Department of Health, Education, and Welfare (June 21, 1972, p. 21733), education of Indians (Apr. 15, 1975, p. 10247; June 10, 1991, p. 14049), including the Native American Programs Act (Oct. 30, 1997, p. 23967), and compensation for work injuries to Federal employees (Apr. 16, 1975, p. 10339); over bills amending the Community Services Block Grant Act to continue antipoverty programs originally authorized by the Economic Opportunity Act of 1964 (Nov. 4, 1993, p. 27359); and over an executive communication proposing draft legislation to amend the Labor Management Relations Act and the Employee Retirement Income Security Act (Mar. 24, 1983, p. 7402). The committee shares with the Committee on the Judiciary jurisdiction over a bill comprehensively amending the Immigration and Nationality Act and including provisions addressing the enforcement of labor laws (Sept. 19, 1995, p. 25533). The committee has additional jurisdiction (Commerce, now Energy and Commerce, has primary jurisdiction) over a developmental disabilities assistance and family support bill (Feb. 10, 2000, p. 1023). The jurisdiction of this committee over education and vocational rehabilitation does not include those subjects as they relate to veterans, which fall under the jurisdiction of the Committee on Veterans' Affairs. This committee, and not also the Committees on Oversight and Government Reform and House Administration, has jurisdiction (f) Committee on Energy and Commerce. (1) Biomedical research and development.
Sec. 721. Energy and Commerce. (2) Consumer affairs and consumer protection.
(3) Health and health facilities (except health care supported by payroll deductions). (4) Interstate energy compacts. (5) Interstate and foreign commerce generally. (6) Exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including all fossil fuels, solar energy, and other unconventional or renewable energy resources. (7) Conservation of energy resources. (8) Energy information generally. (9) The generation and marketing of power (except by federally chartered or Federal regional power marketing authorities); reliability and interstate transmission of, and ratemaking for, all power; and siting of generation facilities (except the installation of interconnections between Government waterpower projects). (10) General management of the Department of Energy and management and all functions of the Federal Energy Regulatory Commission. (11) National energy policy generally. [[Page 446]] (12) Public health and quarantine. (13) Regulation of the domestic nuclear energy industry, including regulation of research and development reactors and nuclear regulatory research. (14) Regulation of interstate and foreign communications. The committee shall have the same jurisdiction with respect to regulation of nuclear facilities and of use of nuclear energy as it has with respect to regulation of nonnuclear facilities and of use of nonnuclear energy. (15) Travel and tourism. The committee dates from 1795 (IV, 4096). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the name of the committee was changed from Interstate and Foreign Commerce to Commerce and Health. Effective January 14, 1975, it was redesignated as Interstate and Foreign Commerce (H. Res. 5, 94th Cong., p. 20). In the 96th Congress it was redesignated as Energy and Commerce and given much of its present jurisdiction, effective January 3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10; note publication of intercommittee memoranda of understanding). In the 104th Congress it was redesignated as the Committee on Commerce (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 107th Congress it was redesignated again as the Committee on Energy and Commerce (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). [[Page 447]] protection (subpara. (2)), travel and tourism (subpara. (15)), health and health facilities, except health care supported by payroll deductions (subpara. (3)) (a matter formerly within the jurisdiction of the Committee on Ways and Means), and biomedical research and development (subpara. (1)), and was released of jurisdiction over civil aeronautics to the Committee on Public Works and Transportation (now Transportation and Infrastructure), jurisdiction over civil aviation research and development, energy and environmental research and development, and the National Weather Service to the Committee on Science and Technology (now Science, Space, and Technology), and jurisdiction over trading with the enemy to the Committee on Foreign Affairs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 95th Congress, when the legislative jurisdiction of the Joint Committee on Atomic Energy in the House was transferred to various standing committees, this committee was given the same jurisdiction over nuclear energy as it had over nonnuclear energy and facilities (H. Res. 5, Jan. 4, 1977, pp. 53-70). In the 96th Congress the committee obtained specific jurisdiction over national energy policy generally (subpara. (11)), measures relating to exploration, production, storage, supply, marketing, pricing, and regulation of energy resources (subpara. (6)), measures relating to conservation of energy resources (subpara. (7)), measures relating to energy information generally (subpara. (8)), measures relating to the generation, marketing, interstate transmission of, and ratemaking for power as well as the siting of generation facilities, with certain exceptions (subpara. (9)), interstate energy compacts (subpara. (4)), and measures relating to general management of the Department of Energy and all functions of the Federal Energy Regulatory Commission (subpara. (10)) (H. Res. 549, Mar. 25, 1980, pp. 6405-10). In the 104th Congress the committee's jurisdiction over inland waterways and railroads (including railroad labor, retirement, and unemployment) was transferred to the Committee on Transportation and Infrastructure, and jurisdiction over measures relating to the commercial application of energy technology was transferred to the Committee on Science (now Science, Space, and Technology), while the Committee on Energy and Commerce obtained jurisdiction over regulation of the domestic nuclear energy industry (subpara. (13)) from the Committee on Natural Resources (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). In the 107th Congress the committee's jurisdiction over securities and exchanges was transferred to the Committee on Financial Services (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). The Speaker inserted in the Congressional Record a memorandum of understanding between the two committees to clarify the nature of this transfer (Jan. 30, 2001, p. 995), the final two paragraphs of which no longer provide jurisdictional guidance (Jan. 4, 2005, p. 71). In the 74th Congress the jurisdictional statement of the committee was amended to include jurisdiction over bills relating to radio, and to transfer jurisdiction over water transportation, Coast Guard, lifesaving service, lighthouses, lightships, ocean derelicts, Coast and Geodetic Survey, and the Panama Canal to the former Committee on Merchant Marine and Fisheries (VII, 1814, 1847), but with the demise of the latter committee in the 104th Congress, the latter subjects now reside in the jurisdiction of the Committee on Transportation and Infrastructure, except that the Committee on National Security (now Armed Services) has jurisdiction over the Panama Canal (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 85th Congress matters relating to the Bureau of Standards, standardization of weights and measures, and the metric system (conferred on the committee by the Legislative Reorganization Act of 1946, 60 Stat. 812), were transferred to the Committee on Science and Astronautics (now Science, Space, and Technology) (July 21, 1958, p. 14513). In the Committee Reform Amendments of 1974, effective January 3, 1975, the committee obtained specific jurisdiction over consumer affairs and consumer [[Page 448]] Congress to include all energy, effective January 3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). In the 104th Congress it was again expanded to include nonmilitary nuclear energy and research and development including the disposal of nuclear waste (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), though a conforming change in clause 3 was inadvertently omitted. The committee has the special oversight responsibility under clause 3(e) of rule X as well as the general oversight responsibility required by clause 2 of rule X. This special oversight responsibility was expanded in the 96th The committee formerly reported the river and harbor appropriation bill, but in 1883 the Committee on Rivers and Harbors was created for that role (IV, 4096), and since the 66th Congress such appropriations have been reported by the Committee on Appropriations. The committee has general jurisdiction over bills affecting domestic and foreign commerce, except such as may affect the revenue (IV, 4097). It also has jurisdiction over bills authorizing the construction of marine hospitals and the acquisition of sites therefor (IV, 4110; VII, 1816), the general subjects of quarantine and the establishment of quarantine stations (IV, 4109), health, spread of leprosy and other contagious diseases, international congress of hygiene, etc. (IV, 4111). This committee formerly had jurisdiction over bills proposing construction of bridges across navigable streams, which now are banned under clause 4 of rule XII if private (see Sec. 822, infra; see also General Bridge Act, 33 U.S.C. 525, 533). [[Page 449]] Based Paint Poisoning Prevention Act and bills dealing with nursing home construction as public health matters (June 10, 1975, p. 18009). Before the 104th Congress the committee considered bills regulating railroads in their interstate commerce relations (IV, 414) and exercised jurisdiction with the Committees on Education and Labor (now Education and the Workforce) and Public Works and Transportation (now Transportation and Infrastructure) over bills providing labor protections to workers in the transportation industry, including railroad employees (Feb. 24, 1993, p. 3577). The committee considers bills relating to commercial travelers as agents of interstate commerce and the branding of articles going into such commerce (IV, 4115), the prevention of the carriage of indecent and harmful pictures or literature (IV, 4116), the adulteration and misbranding of foods and drugs (IV, 4112), and protection of game through prohibition of interstate transportation (IV, 4117). The committee has jurisdiction over bills imposing safety standards on motor vehicles purchased by the U.S. Government (Feb. 16, 1959, p. 2420), bills creating civil remedies for false advertising or other violations of commercial ethics (June 4, 1962, p. 9601), and bills to assist financing of the Arctic Winter Games in Alaska (June 7, 1972, p. 19935). The committee had jurisdiction over a bill to reauthorize the Developmental Disabilities Assistance and Bill of Rights Act (ultimately repealed), which was focused on health matters rather than job training (June 1, 1981, p. 11028; Nov. 3, 1993, p. 27274). This committee and, in addition, the Committee on Education and the Workforce, have jurisdiction over the Developmental Disabilities Assistance and Bill of Rights Act of 1999 (which replaced the above- mentioned Act) as it contained a family support program within the jurisdiction of the Committee on Education and the Workforce (Feb. 10, 2000, p. 1023). In the 94th Congress, the committee gained jurisdiction over bills amending the Lead- (g) Committee on Ethics. The Code of Official Conduct.
Sec. 721b. Ethics. In the 90th Congress the Committee on Standards of Official Conduct was established as a standing committee (H. Res. 418, Apr. 13, 1967, p. 9425). Its precursor was the Select Committee on Standards and Conduct, created in the 89th Congress (H. Res. 1013, Oct. 19, 1966, pp. 27713-30). At various times in its history, the legislative jurisdiction of the committee has included jurisdiction over measures relating to (1) financial disclosure by Members, officers, and employees of the House (H. Res. 1099, 90th Cong., Apr. 3, 1968, p. 8776); (2) the raising, reporting, and use of campaign contributions for candidates for the House (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470); and (3) lobbying activities (H. Res. 1031, 91st Cong., July 8, 1970, p. 23141). However, legislative jurisdiction over measures relating to financial disclosure was transferred to the Committee on Rules in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70); legislative jurisdiction over measures relating to campaign contributions for candidates for the House was transferred to House Administration, and legislative jurisdiction over measures relating to lobbying activities was removed from the committee (thereby devolving on the Committee on the Judiciary) in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of a redundant undesignated recitation of general and special functions (H. Res. 5, Jan. 6, 1999, p. 47). In the 112th Congress it was redesignated as the Committee on Ethics (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _).
Three rules relating to the official conduct of Members outside the confines of rule XXIII, the ``Code of Official Conduct,'' are as follows: rule XXIV, limitations on use of official funds, rule XXV, limitations on outside earned income and acceptance of gifts, and rule XXVII, disclosure of employment negotiations. Under clause 5(a) of rule XIII, the committee is empowered to report as privileged resolutions recommending action by the House of Representatives with respect to the official conduct of an individual Member, officer, or employee of the House. [[Page 450]] In addition to its legislative jurisdiction, the committee has the general oversight responsibility set forth in clause 2(b) and the additional functions of conducting the investigations and making the reports and recommendations required by clause 5 of rule XIII or by resolution of the House (see, e.g., H. Res. 252, 95th Cong., Feb. 9, 1977, pp. 3966-75, directing investigation of gifts from the Korean Government; H. Res. 1042, 94th Cong., Feb. 16, 1976, pp. 3158-61, directing investigation of unauthorized publication of report of Select Committee on Intelligence; and H. Res. 608, 96th Cong., Mar. 27, 1980, pp. 6995-98, relating to ``Abscam''). The committee has investigated roll call procedures in the House and recommended installation of a modernized voting system (June 19, 1969, p. 16629). In the 95th Congress the committee was authorized by section 515 of Public Law 95-105 to act as the ``employing agency'' for the House of Representatives under the Foreign Gifts and Decorations Act, and the committee promulgated regulations under that statute concerning acceptance of foreign gifts and decorations by Members and employees (Jan. 23, 1978, p. 452). In the 96th Congress the committee was assigned as additional responsibilities the functions designated in title I of the Ethics in Government Act of 1978 (P.L. 95-521) relating to the administration of government ethics laws as they apply to Members, officers, and employees of the House (H. Res. 5, Jan. 15, 1979, p. 7). In the 102d Congress those responsibilities were enlarged to include the functions designated in title V of the Act and the specified sections of title 5, United States Code (H. Res. 5, Jan. 3, 1991, p. 39). The committee has compiled statutory and rule-based ethical standards in the House Ethics Manual (110th Cong., 2d Sess.). In the Manual, the committee incorporates its advisory opinions issued under clause 3(a)(4) of rule XI, together with advisory opinions issued by the former Select Committee on Ethics, in its discussions of various ethical issues, including gifts, outside income, financial disclosure, staff rights and duties, official allowances and franking, casework considerations, campaign financing and practices, and involvement with official and unofficial organizations.
Sec. 721c. Former Select Committees on Ethics. In the 95th Congress, the House established a Select Committee on Ethics and granted it exclusive legislative jurisdiction over bills that incorporated into permanent law provisions of House rules addressing financial ethics of Members, officers, and employees (H. Res. 383, Mar. 9, 1977, pp. 6811-16). The Select Committee was also granted jurisdiction to promulgate implementing regulations and to issue advisory opinions. The resolution creating the Select Committee provided that it would expire on December 31, 1977, but the committee and its functions ultimately were extended through the completion of its official business (H. Res. 871, Oct. 31, 1977, p. 35957).
In the 105th Congress a new subparagraph (3) was added at the end of former clause 4(e) of rule X to establish a Select Committee on Ethics only to resolve an inquiry originally undertaken by the standing Committee on Standards of Official Conduct (Ethics) in the 104th Congress (H. Res. 5, Jan. 7, 1997, p. 121). The Select Committee filed one report to the House (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. 393). For Office of Congressional Ethics, see Sec. 1125h, infra. (h) Committee on Financial Services. [[Page 451]] (1) Banks and banking, including deposit insurance and Federal monetary policy.
Sec. 722. Financial Services. (2) Economic stabilization, defense production, renegotiation, and control of the price of commodities, rents, and services.
(3) Financial aid to commerce and industry (other than transportation). (4) Insurance generally. (5) International finance. (6) International financial and monetary organizations. (7) Money and credit, including currency and the issuance of notes and redemption thereof; gold and silver, including the coinage thereof; valuation and revaluation of the dollar. (8) Public and private housing. (9) Securities and exchanges. (10) Urban development. This committee was established in 1865 as the Committee on Banking and Currency (IV, 4082). In the Committee Reform Amendments of 1974, effective January 3, 1975, its name was changed to Banking, Currency and Housing (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 95th Congress its name was changed to Banking, Finance and Urban Affairs (H. Res. 5, Jan. 4, 1977, pp. 53-70). In the 104th Congress its name was changed to Banking and Financial Services (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 107th Congress its name was changed to Financial Services (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). [[Page 452]] p. 12081). Before the end of the 93d Congress, the committee had legislative jurisdiction over the problems of small business under its general jurisdiction over financial aid to commerce and industry; but with the adoption of the Committee Reform Amendments of 1974, effective January 3, 1975, that jurisdiction was transferred to the standing Committee on Small Business, the permanent Select Committee on Small Business was abolished, and this committee was specifically given jurisdiction over Federal monetary policy, money and credit, urban development, economic stabilization, defense production, and renegotiation (the latter matter formerly within the jurisdiction of the Committee on Ways and Means), international finance, and international financial and monetary organizations (formerly within the jurisdiction of the Committee on Foreign Affairs), while jurisdiction over the Commodity Credit Corporation was transferred to the Committee on Agriculture, jurisdiction over export controls and international economic policy to the Committee on Foreign Affairs, jurisdiction over construction of nursing home facilities to what is now the Committee on Energy and Commerce, and jurisdiction over urban mass transportation to what is now the Committee on Transportation and Infrastructure (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th Congress subparagraphs (2) and (3) were added (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). In the 107th Congress jurisdiction over securities and exchanges was transferred from the Committee on Energy and Commerce to this committee (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). As a result of the new jurisdiction of the Committee on Financial Services over securities and exchanges, its former jurisdiction over matters relating to bank capital markets activities and depository institutions securities activities were deleted as redundant (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). In the 107th Congress this committee also received jurisdiction over insurance generally (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. 25). The Speaker inserted in the Congressional Record a memorandum of understanding between this committee and the Committee on Energy and Commerce to clarify these jurisdictional changes (Jan. 30, 2001, p. 995), the final two paragraphs of which no longer provide jurisdictional guidance (Jan. 4, 2005, p. 71). A technical change to subparagraph (6) was effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). The committee was given much of its present jurisdiction in the Legislative Reorganization Act of 1946 (60 Stat. 812), by which it absorbed the jurisdiction of the former Committee on Coinage, Weights, and Measures (created in 1864) (IV, 4090), except jurisdiction over the standardization of weights and measures and the metric system was given to the Committee on Interstate and Foreign Commerce and was later transferred to the Committee on Science and Astronautics (now Science, Space, and Technology) in the 85th Congress (H. Res. 580, July 21, 1958, p. 14513). In the 92d Congress jurisdiction over the impact on the economy of tax-exempt foundations and charitable trusts was transferred from the Subcommittee on Foundations of the Select Committee on Small Business, along with all that subcommittee's files, to this committee (H. Res. 320, Apr. 27, 1971, [[Page 453]] The committee has jurisdiction over bills providing consolidation of grant-in-aid programs for urban development (Mar. 18, 1970, p. 7887), bills providing for U.S. participation in the International Development Association (Mar. 9, 1960, p. 5046), bills to authorize GSA to acquire land in D.C. for transfer to the International Monetary Fund (May 1, 1962, p. 7428), bills relating to flood insurance (Dec. 4, 1975, p. 38701), and over an executive communication proposing regulations for college housing programs (notwithstanding that the requirement for such regulations was contained in higher education legislation reported from the Committee on Education and Labor) (June 15, 1982, p. 13638). The committee has reported on subjects relating to the strengthening of public credit, issues of notes, and State taxation and redemption thereof (IV, 4084), propositions to maintain the parity of the money of the United States (IV, 4089; VII, 1792), the issue of silver certificates as currency (IV, 4087, 4088), national banks and current deposits of public money (IV, 4083; VII, 1790), the incorporation of an international bank (IV, 4086), subjects relating to the Freedman's Bank (IV, 4085), and Federal Reserve System, Farm Loan Act, home loan bills, stabilization of the dollar, War Finance Corporation, Federal Reserve bank buildings (VII, 1793, 1795). (i) Committee on Foreign Affairs.
Sec. 723. Foreign Affairs. (1) Relations of the United States with foreign nations generally.
(2) Acquisition of land and buildings for embassies and legations in foreign countries. (3) Establishment of boundary lines between the United States and foreign nations. (4) Export controls, including nonproliferation of nuclear technology and nuclear hardware. (5) Foreign loans. (6) International commodity agreements (other than those involving sugar), including all agreements for cooperation in the export of nuclear technology and nuclear hardware. (7) International conferences and congresses. (8) International education. (9) Intervention abroad and declarations of war. (10) Diplomatic service. (11) Measures to foster commercial intercourse with foreign nations and to safeguard American business interests abroad. [[Page 454]] (12) International economic policy. (13) Neutrality. (14) Protection of American citizens abroad and expatriation. (15) The American National Red Cross. (16) Trading with the enemy. (17) United Nations organizations. This committee was established in 1822 (IV, 4162), and from 1885 to 1920 had authority to report appropriations. In the 94th Congress the name of the committee was changed from Foreign Affairs to International Relations (H. Res. 163, Mar. 19, 1975, p. 7343). In the 96th Congress it was changed back to Foreign Affairs (H. Res. 89, Feb. 5, 1979, p. 1848). In the 104th Congress the name was again changed to International Relations (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 110th Congress it was changed back to Foreign Affairs (sec. 213(a), H. Res. 6, Jan. 4, 2007, p. 19). In addition to the jurisdiction vested in the committee by the Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee Reform Amendments of 1974, effective January 3, 1975, gave the committee jurisdiction over measures relating to: international economic policy (subpara. (12)) and export controls (subpara. (4)), matters formerly within the jurisdiction of the Committee on Banking and Currency (now Financial Services); international commodity agreements other than those relating to sugar (subpara. (6)), formerly within the jurisdiction of the Committee on Agriculture; trading with the enemy (subpara. (16)), formerly within the jurisdiction of the Committee on Interstate and Foreign Commerce (now Energy and Commerce); and international education (subpara. (8)); while transferring jurisdiction over international financial and monetary organizations to the Committee on Banking and Currency (now Financial Services), and jurisdiction over international fishing agreements to the Committee on Merchant Marine and Fisheries (now Natural Resources) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). When the legislative jurisdiction of the Joint Committee on Atomic Energy in the House was abolished in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the committee was given jurisdiction over nonproliferation of nuclear technology and hardware (subpara. (4)), and over international agreements on nuclear exports (subpara. (6)). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of a redundant undesignated recitation of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 455]] national arbitration, relating to violations of neutrality (IV, 4178a), international conferences and congresses (IV, 4177; VII, 1884), the incorporation of the American National Red Cross and protection of its insignia (IV, 4173), intervention abroad and declarations of war (IV, 4164; VII 1880), affairs of the consular service, including acquisition of land and buildings for legations in foreign capitals (IV, 4163; VII, 1879), creation of courts of the United States in foreign countries (IV, 4167), treaty regulations as to protection of fur seals (IV, 4170), matters relating to the Philippines (see 60 Stat. 315), and measures establishing a District of Columbia corporation to support private American organizations engaged in communications with foreign nations (June 21, 1971, p. 21062). The committee has broad jurisdiction over foreign relations, including boundary lines between the United States and foreign nations, bridges and dams on international waters (IV, 4166; see also the ``General Bridge Act,'' 33 U.S.C. 525, 533), the protection of American citizens abroad and expatriation (IV, 4169; VII, 1883), extradition with foreign nations, inter The committee also has considered measures for fostering commercial intercourse with foreign nations and for safeguarding American business interests abroad (IV, 4175), and even the subjects of commercial treaties and reciprocal arrangements (IV, 4174), although in later practice the Committee on Ways and Means has considered such matters (IV, 4021). The committee has exercised general but not exclusive jurisdiction over legislation relating to claims affecting international relations (IV, 4168; VII, 1882). Pursuant to its jurisdiction over international education, the committee (and not the Committee on Education and the Workforce) has exercised jurisdiction over bills establishing scholarship programs for foreign students (May 10, 1988, p. 10305). The committee has jurisdiction over a communication from the President notifying the House, consistent with the War Powers Resolution, of the deployment abroad of U.S. armed forces to participate in an embargo against another nation (Nov. 4, 1993, p. 27393). The special oversight function of the committee set forth in clause 3(f) of rule X (current clause 3(g) of rule X) was made effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). (j) Committee on Homeland Security.
Sec. 723a. Homeland Security. (1) Overall homeland security policy.
(2) Organization, administration, and general management of the Department of Homeland Security. (3) Functions of the Department of Homeland Security relating to the following: (A) Border and port security (except immigration policy and non-border enforcement). [[Page 456]] (B) Customs (except customs revenue). (C) Integration, analysis, and dissemination of homeland security information. (D) Domestic preparedness for and collective response to terrorism. (E) Research and development. (F) Transportation security. This committee was established in the 109th Congress (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42). Subparagraph (2) was amended in the 113th Congress to include general management of the department (sec. 2(c), H. Res. 5, Jan. 3, 2013, p. _). For debate (and material submitted during debate) that may edify the reader on the jurisdictional issues surrounding the new committee, see January 4, 2005, pp. 60-62. The Speaker announced that the referral of measures in the 108th Congress to the Select Committee on Homeland Security would not constitute precedent for referral to this committee (Jan. 4, 2005, p. 71).
Sec. 723b. Former Select Committees on Homeland Security. In the 107th Congress the House established a Select Committee on Homeland Security (H. Res. 449, June 19, 2002, p. 10722). Its mission was to develop recommendations on such matters that relate to the establishment of a department of homeland security as may be referred to it by the Speaker and on recommendations submitted to it by standing committees to which the Speaker referred a bill establishing the department and to report its recommendation to the House on such bill. It was terminated after final disposition of the specified bill (Nov. 25, 2002, p. 23433). In the 108th Congress the House reestablished a Select Committee on Homeland Security (sec. 4, H. Res. 5, Jan. 7, 2003, p. 11). Its mission was to develop recommendations on such matters that relate to the Homeland Security Act of 2002 (P.L. 107-296) as may be referred to it by the Speaker; to conduct oversight of laws, programs, and Government activities relating to homeland security; to conduct a study of the operation and implementation of the Rules of the House, including rule X, with respect to homeland security; and to report its recommendations to the House by bill or otherwise on matters referred to it by the Speaker and to report its recommendations on changes to House rules to the Committee on Rules.
(k) Committee on House Administration. [[Page 457]] gates, the Resident Commissioner, officers, and administrative offices of the House.
Sec. 724. House Administration. (1) Appropriations from accounts for committee salaries and expenses (except for the Committee on Appropriations); House Information Resources; and allowance and expenses of Members, Dele
(2) Auditing and settling of all accounts described in subparagraph (1). (3) Employment of persons by the House, including staff for Members, Delegates, the Resident Commissioner, and committees; and reporters of debates, subject to rule VI. (4) Except as provided in paragraph (r)(11), the Library of Congress, including management thereof; the House Library; statuary and pictures; acceptance or purchase of works of art for the Capitol; the Botanic Garden; and purchase of books and manuscripts. (5) The Smithsonian Institution and the incorporation of similar institutions (except as provided in paragraph (r)(11)). (6) Expenditure of accounts described in subparagraph (1). (7) Franking Commission. (8) Printing and correction of the Congressional Record. (9) Accounts of the House generally. (10) Assignment of office space for Members, Delegates, the Resident Commissioner, and committees. (11) Disposition of useless executive papers. [[Page 458]] (12) Election of the President, Vice President, Members, Senators, Delegates, or the Resident Commissioner; corrupt practices; contested elections; credentials and qualifications; and Federal elections generally. (13) Services to the House, including the House Restaurant, parking facilities, and administration of the House Office Buildings and of the House wing of the Capitol. (14) Travel of Members, Delegates, and the Resident Commissioner. (15) Raising, reporting, and use of campaign contributions for candidates for office of Representative, of Delegate, and of Resident Commissioner. (16) Compensation, retirement, and other benefits of the Members, Delegates, the Resident Commissioner, officers, and employees of Congress. This committee was created as the Committee on House Administration on January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), combining the Committees on Accounts (created in 1803) (IV, 4328), Enrolled Bills (created in 1789) (IV, 4350), Disposition of Executive Papers (created in 1889) (IV, 4419), Printing (created in 1846), Elections (created in 1794 and divided into three committees in 1895) (IV, 4019), Election of President, Vice President, and Representatives in Congress (created in 1893) (IV, 4299), and Memorials (created January 3, 1929, VII, 2080). [[Page 459]] in former clause 4(d)(1)(A) of rule X) were transferred to the Clerk (see clause 2(d)(2) of rule II) (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 25). The committee was redesignated as the Committee on House Oversight in the 104th Congress, obtaining from the former Committee on Post Office and Civil Service jurisdiction over the Franking Commission (also known as the House Commission on Congressional Mailing Standards) in subparagraph (7), while transferring to the Committee on Resources (now Natural Resources) jurisdiction over erection of monuments to the memory of individuals (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). References in subparagraphs (1) and (2) to the ``contingent fund'' were eliminated without changing the committee's jurisdiction over the accounts that the fund comprised. In the 105th Congress subparagraph (1) was amended to effect a technical correction (H. Res. 5, Jan. 7, 1997, p. 121). In the 106th Congress the committee was redesignated House Administration, and the House recodified its rules to effect clerical and stylistic changes, including the deletion of a redundant undesignated recitation of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47). In the 107th Congress the committee's responsibilities with respect to enrolled bills (which were set forth
Sec. 725. House facilities. The Committee has jurisdiction over measures relating to the House Restaurant (2 U.S.C. 2041), which was first under the jurisdiction of the former Committee on Accounts, then under the supervision of the Architect of the Capitol (H. Res. 590, 76th Cong., Sept. 5, 1940, p. 11552, as made permanent law by P.L. 76- 812), and then the Select Committee on the House Restaurant (H. Res. 472, 91st Cong., July 10, 1969, p. 19080; H. Res. 111, 93d Cong., Feb. 7, 1973, p. 3680), which was not reestablished after the 93d Congress.
By the Committee Reform Amendments of 1974, effective January 3, 1975, the committee obtained jurisdiction over parking facilities of the House, a matter formerly assigned to a select committee (subpara. (13)) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress the committee was given jurisdiction over campaign contributions to candidates for the House, a matter formerly within the jurisdiction of the Committee on Standards of Official Conduct (now Ethics) (subpara. (15)), and over compensation, retirement, and other benefits of Members, officers, and employees of Congress (subpara. (16)) (H. Res. 5, Jan. 14, 1975, p. 20). The committee has jurisdiction over resolutions authorizing committees to employ additional professional and clerical personnel (Feb. 7, 1966, p. 2373). The Committee has supervisory authority over the House barber shops, beauty shops, and House Information Resources.
Sec. 727. Library. Under the Reorganization Act the committee has jurisdiction over some of the subjects formerly within the jurisdiction of the Joint Committee on the Library, such as matters relating to the Library of Congress and the House Library, statuary and pictures, acceptance or purchase of works of art for the Capitol, the Botanic Gardens, management of the Library of Congress, purchase of books and manuscripts, matters relating to the Smithsonian Institution, and the incorporation of similar institutions. Excepted are measures relating to the construction or reconstruction, maintenance, and care of the buildings and grounds of the Botanic Gardens, the Library of Congress, and the Smithsonian Institution, which fall under the jurisdiction of the Committee on Transportation (now Transportation and Infrastructure). The House Members of the Joint Committee on the Library, provided for by law (2 U.S.C. 132b), are elected by resolution each Congress.
Sec. 728. Congressional Record. The Committee has jurisdiction over matters relating to printing and correction of the Congressional Record, formerly within the jurisdiction of the erstwhile Committee on Printing. The House Members of the Joint Committee on Printing, provided for by law (44 U.S.C. 101), are elected by resolution each Congress.
[[Page 460]] contested elections; credentials and qualifications; Federal elections generally; and the electoral count, which formerly was within the jurisdiction of the Committee on Election of the President, Vice President, and Representatives in Congress (IV, 4303). The committee has jurisdiction over measures relating to the election of the President, Vice President, or Members of Congress; corrupt practices; The committee's former responsibility to report on Members' travel was supplanted by the function of providing policy direction to and oversight of the Clerk, Sergeant-at-Arms, Chief Administrative Officer, and Inspector General (sec. 10, H. Res. 423, Apr. 9, 1992, p. 9040; sec. 201(e), H. Res. 6, Jan. 4, 1995, p. 463; see rule II and Sec. 752, infra). In the 107th Congress the committee retained the responsibility to provide policy direction to and oversight of the Inspector General but retained only oversight of the remaining officers (sec. 2(g), H. Res. 5, Jan. 3, 2001, p. 25). (l) Committee on the Judiciary.
Sec. 729. Judiciary. (1) The judiciary and judicial proceedings, civil and criminal.
(2) Administrative practice and procedure. (3) Apportionment of Representatives. (4) Bankruptcy, mutiny, espionage, and counterfeiting. (5) Civil liberties. (6) Constitutional amendments. (7) Criminal law enforcement. (8) Federal courts and judges, and local courts in the Territories and possessions. (9) Immigration policy and non-border enforcement. (10) Interstate compacts generally. (11) Claims against the United States. (12) Meetings of Congress; attendance of Members, Delegates, and the Resident Commissioner; and their acceptance of incompatible offices. (13) National penitentiaries. (14) Patents, the Patent and Trademark Office, copyrights, and trademarks. [[Page 461]] (15) Presidential succession. (16) Protection of trade and commerce against unlawful restraints and monopolies. (17) Revision and codification of the Statutes of the United States. (18) State and territorial boundary lines.
Sec. 730. Internal Security. (19) Subversive activities affecting the in- ternal security of the United States.
[[Page 462]] This committee dates from 1813 (IV, 4054). The essential jurisdiction defined in the rule was made effective January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), and combined the Committees on Revision of Laws (created 1868, IV, 4293), Patents (created in 1837) (IV, 4254), Immigration and Naturalization (created in 1893) (IV, 4309), Claims (created in 1794) (IV, 4262), and War Claims (created in 1883) (IV, 4269). By the Committee Reform Amendments of 1974, effective January 3, 1975, the committee's jurisdiction over holidays and celebrations was transferred to the former Committee on Post Office and Civil Service (now Oversight and Government Reform) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress the Committee on Internal Security was abolished and jurisdiction over communist and other subversive activities affecting the internal security of the United States was transferred to this committee (subpara. (18), now (19)) (H. Res. 5, Jan. 14, 1975, p. 20), though an accompanying provision for the transfer of records and staff of the Internal Security Committee to the Judiciary Committee was deleted as obsolete in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and the specific reference to communism was deleted as unnecessary in the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). The 104th Congress also inserted ``the judiciary'' in subparagraph (1); added subparagraph (2) for clarification; combined former subparagraphs (6) and (9) in a new subparagraph (7) (now (8)); and combined former subparagraphs (13) and (14) in a new subparagraph (13) (now (14)) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including an update of a reference to the Patent and Trademark Office (H. Res. 5, Jan. 6, 1999, p. 47). In the 109th Congress the House established the Committee on Homeland Security with jurisdiction over certain functions of the Department of Homeland Security that resulted in a conforming change to subparagraph (9) (sec. 2(a)(1), H. Res. 5, Jan. 4, 2005, p. 42). For debate (and material submitted during debate) that may edify the reader on the jurisdictional issues surrounding the creation of the Committee on Homeland Security, see January 4, 2005, pp. 60-62. In the 109th Congress the House added subparagraph (7) (sec. 2(a)(2), H. Res. 5, Jan. 4, 2005, p. 42). Under subparagraph (15) the committee has jurisdiction over Presidential nominations to fill vacancies in the Office of Vice President, submitted pursuant to the 25th amendment to the Constitution (Oct. 13, 1973, p. 34032; Aug. 20, 1974, p. 29366). The committee has reported Articles of Impeachment of the President (Aug. 20, 1974, pp. 29219-81; Dec. 17, 1998, p. 27819). If the House has voted to impeach, members of the committee have been appointed as managers on the part of the House in presenting the charges to the Senate for trial (H. Res. 501, 99th Cong., July 22, 1986, p. 17306; H. Res. 511, 100th Cong., Aug. 3, 1988, p. 20223; H. Res. 12, 101st Cong., Jan. 3, 1989, p. 84; Dec. 19, 1998, p. 28112; Jan. 6, 1999, p. 15). The Committee on the Judiciary considers charges against judges of the Federal courts (IV, 4062), legislative propositions relating to the service of the Department of Justice (IV, 4067), bills relating to local courts in the District of Columbia, Alaska, and the territories (IV, 4068), the establishment of a court of patent appeals (IV, 4075), relations of labor to courts and corporations (IV, 4072), crimes, penalties, extradition (IV, 4069; VII, 1747), construction and management of national penitentiaries (IV, 4070), matters relating to trusts (VII, 1764), claims of States against the United States (IV, 4080), general legislation relating to international and other claims (IV, 4078, 4079, 4081), including measures extending the terms of members of the Foreign Claims Settlement Commission (Nov. 14, 1991, p. 32130), bills relating to the flag (IV, 4055), bankruptcy (IV, 4065), removal of political disabilities (IV, 4058), prohibition of traffic in intoxicating liquors (IV, 4061; VII, 1773), mutiny and willful destruction of vessels (IV, 4145), counterfeiting (IV, 4071; VII, 1753), settlement of State and territorial boundary lines (VII, 1768), meeting of Congress and attendance of Members and their acceptance of incompatible offices (IV, 4077). The committee also has jurisdiction over joint resolutions proposing amendments to the Constitution (IV, 4056; VII, 1779). Although the committee has historically exercised jurisdiction over lobbying activities, the Committee on Standards of Official Conduct (now Ethics) was assigned such jurisdiction during a brief period (H. Res. 1031, 91st Cong., July 8, 1970, p. 23141; H. Res. 5, 94th Cong., Jan. 14, 1975, p. 20). [[Page 463]] 15, 1960, p. 2523), and imposing criminal sanctions under the Controlled Substances Act (Nov. 14, 1983, p. 32457). The committee has sole jurisdiction over the Legal Services Corporation (Nov. 19, 1975, p. 37288). The committee has exercised jurisdiction, with the Committee on Education and Labor (now Education and the Workforce), over bills to amend the Walsh-Healey Act regarding hours of work under government contracts (May 15, 1985, p. 11946). This committee, and not the Committee on Public Works and Transportation (now Transportation and Infrastructure), exercised jurisdiction over a bill extending the authority for the Marshal of the Supreme Court and the Supreme Court Police to protect the Chief Justice, Associate Justices, officers, and employees of the Supreme Court beyond its building and grounds (Nov. 22, 1993, p. 32074). The Committee on Oversight and Government Reform, and not this committee, has jurisdiction over pay adjustments for administrative law judges (July 31, 1991, p. 20677; June 10, 1999, p. 12435). The Committee on Natural Resources, and not this committee, has jurisdiction over a bill to designate an immigration museum within a facility of the National Park Service (July 8, 2004, p. 5348). The committee also has jurisdiction over bills regulating the authority of States to impose taxes on interstate commerce (June 18, 1959, p. 11317), imposing conflict of interest standards and civil and criminal penalties relating thereto on government employees (Feb. 25, 1960, p. 3484), establishing an academy of criminal justice (Apr. 5, 1965, p. 6822), eliminating racketeering in the interstate sale of cigarettes (Feb. 9, 1972, p. 3429), providing worker's compensation for non-Federal firefighters killed during civil disorder (May 6, 1968, p. 11798) or to non-Federal policemen and firemen (Dec. 12, 1975, p. 40204), authorizing the Attorney General to consent to a modification of a certain trust on behalf of the Library of Congress (Aug. 17, 1959, p. 16051), amending an omnibus pension act to increase the amount of pension granted a certain class of persons (Feb. The committee has the general oversight responsibility set forth in clause 2(b). (m) Committee on Natural Resources.
Sec. 731. Natural Resources. (1) Fisheries and wildlife, including research, restoration, refuges, and conservation.
(2) Forest reserves and national parks created from the public domain. (3) Forfeiture of land grants and alien ownership, including alien ownership of mineral lands. (4) Geological Survey. (5) International fishing agreements. (6) Interstate compacts relating to apportionment of waters for irrigation purposes. [[Page 464]] (7) Irrigation and reclamation, including water supply for reclamation projects and easements of public lands for irrigation projects; and acquisition of private lands when necessary to complete irrigation projects. (8) Native Americans generally, including the care and allotment of Native American lands and general and special measures relating to claims that are paid out of Native American funds. (9) Insular areas of the United States generally (except those affecting the revenue and appropriations). (10) Military parks and battlefields, national cemeteries administered by the Secretary of the Interior, parks within the District of Columbia, and the erection of monuments to the memory of individuals. (11) Mineral land laws and claims and entries thereunder. (12) Mineral resources of public lands. (13) Mining interests generally. (14) Mining schools and experimental stations. (15) Marine affairs, including coastal zone management (except for measures relating to oil and other pollution of navigable waters). (16) Oceanography. (17) Petroleum conservation on public lands and conservation of the radium supply in the United States. (18) Preservation of prehistoric ruins and objects of interest on the public domain. (19) Public lands generally, including entry, easements, and grazing thereon. [[Page 465]] (20) Relations of the United States with Native Americans and Native American tribes. (21) Trans-Alaska Oil Pipeline (except ratemaking). The Committee on Public Lands was created in 1805 (IV, 4194). Its name has since been changed to Interior and Insular Affairs (Feb. 2, 1951, p. 883); to Natural Resources (H. Res. 5, Jan. 5, 1993, p. 49); to Resources (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464); and back to Natural Resources (sec. 214(a), H. Res. 6, Jan. 4, 2007, p. 19). The core of the jurisdiction reflected in this paragraph was assigned to the committee effective January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), which consolidated in this committee the jurisdictions of the former Committees on Mines and Mining (created in 1865) (IV, 4223), Insular Affairs (created in 1899) (IV, 4213), Irrigation and Reclamation (created in 1893) (IV, 4307), Indian Affairs (created in 1821) (IV, 4204), and Territories (created in 1825) (IV, 4208), though vesting the subject of welfare of miners, formerly under the jurisdiction of the Committee on Mines and Mining, in the Committee on Education and Labor (now Education and the Workforce). Until the Reorganization Act, military parks, battlefields, and national cemeteries were under the jurisdiction of the Committee on Military Affairs. Jurisdiction over cemeteries of the United States in which veterans may be buried, except those administered by the Secretary of the Interior, was transferred to the Committee on Veterans' Affairs in the 90th Congress (H. Res. 241, Oct. 20, 1967). In the Committee Reform Amendments of 1974, effective January 3, 1975, the committee gained jurisdiction over parks within the District of Columbia, formerly within the jurisdiction of the Committee on Public Works and Transportation (now Transportation and Infrastructure) (subpara. (10)), and lost specific jurisdiction over Indian education and over Hawaii and Alaska, generally (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). By that same resolution, the committee was given special oversight functions in clause 3. [[Page 466]] tions formerly found in this paragraph and in former paragraph (e) of this clause were adjusted to reflect the transfer of nonmilitary nuclear energy and research and development, including disposal of nuclear waste, from this committee to the Committee on Energy and Commerce, though conforming changes in former paragraphs (e) and (h) of clause 3 were inadvertently omitted. The 113th Congress amended subparagraph (9) by changing ``insular possessions'' to ``insular areas'' (sec. 2(c), H. Res. 5, Jan. 3, 2013, p. _). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, (H. Res. 5, Jan. 6, 1999, p. 47). The 104th Congress expanded the jurisdiction of the committee by: adding subparagraphs (1), (5), (15), and (16) to reflect the transfer of those matters from the former Committee on Merchant Marine and Fisheries; inserting the subject of monuments in memory of individuals in subparagraph (10) to reflect the transfer of that matter from the Committee on House Administration; adding subparagraph (21), an exceptional treatment of pipeline jurisdiction otherwise vested in the Committee on Transportation and Infrastructure; and deleting the subject of regulation of the domestic nuclear energy industry to reflect the transfer of that jurisdiction, which this committee had acquired when the 95th Congress abolished the Joint Committee on Atomic Energy (H. Res. 5, Jan. 4, 1977, pp. 53-70) and which it shared with the Committee on Energy and Commerce, to the Committee on Energy and Commerce (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). At the same time, the statements of special oversight func [[Page 467]] has jurisdiction over a bill amending the Native American Programs Act of 1974 (an Indian education matter) (Oct. 30, 1997, p. 23967). This committee, and not the Committee on Agriculture, has jurisdiction over a bill to convey land that is part of a National Forest created from the public domain (Mar. 23, 2004, p. 4926). This committee, and not the Committee on the Judiciary, has jurisdiction over a bill to designate an immigration museum within a facility of the National Park Service (July 8, 2004, p. 14755). This committee, and not the Committee on Transportation and Infrastructure, has jurisdiction over a bill addressing a federal water project operated by the Bureau of Reclamation (June 25, 2007, p. 17128). The committee reports on subjects relating to the mineral resources of the public lands (IV, 4202), forfeiture of land grants and alien ownership (IV, 4201), validation of certain conveyances of erstwhile public lands by a railway company (July 11, 1995, p. 18397), public lands of Alaska (IV, 4196), forest reserves created out of the public domain (IV, 4197, 4199), including measures relating to criminal trespass provisions applying only within national forests created from the public domain (July 18, 1977, p. 23434); admission of States (IV, 4208); preservation of prehistoric ruins and objects of interest on the public domain (IV, 4199); and various classes of land claims (IV, 4203). The committee also has jurisdiction over the following bills: to dispose of proceeds from oil shale on public lands (other than naval oil shale reserves) (Aug. 3, 1967, p. 21179); to exclude certain lands in the Outer Continental Shelf from mineral leasing provisions of the Outer Continental Shelf Lands Act (May 16, 1963, p. 8777); to reinstate a U.S. oil and gas lease (Aug. 5, 1959, p. 15190); to address U.S. claims to lands along the Colorado River forming State boundaries (June 28, 1967, p. 17738); to designate national forest lands created from the public domain as wilderness (May 6, 1969, p. 11459); to include additional units in the Missouri River Basin project (Sept. 8, 1959, p. 18587); to establish a commission on development of Pennsylvania Avenue in D.C. as a national historic site (Oct. 21, 1965, p. 27803); to authorize the Secretary of the Interior to conduct a feasibility investigation of potential water resource development (May 1, 1975, p. 12764); to establish a commission to consider the creation of a (Hudson) River compact (July 21, 1975, p. 23653); to name a building constructed as part of a Federal recreation area (June 8, 1988, p. 13803); to address the siting on Federal park land of an established national memorial (Sept. 24, 1991, p. 23731); (with the Committee on Agriculture) to exchange a Federal tree nursery for certain State mining patents touching a public domain (western) forest (Sept. 17, 1991, p. 23193); and to transfer interest in a National Oceanic and Atmospheric Administration fisheries research laboratory (Oct. 1, 2002, p. 18796). The Committee on National Security (now Armed Services), and not this committee, has jurisdiction over the transfer of military property to a State to be designated by the State as a wilderness area (Nov. 15, 1995, p. 32627). The Committee on Agriculture, and not this committee, has jurisdiction over the designation of an agricultural research center (May 14, 1996, p. 11070). The Committee on Education and the Workforce, and not this committee, The authority of the committee to report as privileged bills for the forfeiture of land grants to railroad and other corporations, preventing speculation in the public lands, for the preservation of the public lands for the benefit of actual and bona fide settlers, and for the admission of new States was eliminated in the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). (n) Committee on Oversight and Government Reform.
Sec. 732. Oversight and Government Reform. (1) Federal civil service, including intergovernmental personnel; and the status of officers and employees of the United States, including their compensation, classification, and retirement.
(2) Municipal affairs of the District of Columbia in general (other than appropriations). (3) Federal paperwork reduction. (4) Government management and accounting measures generally. (5) Holidays and celebrations. (6) Overall economy, efficiency, and management of government operations and activities, including Federal procurement. (7) National archives. (8) Population and demography generally, including the Census. [[Page 468]] (9) Postal service generally, including transportation of the mails. (10) Public information and records. (11) Relationship of the Federal Government to the States and municipalities generally. (12) Reorganizations in the executive branch of the Government. In the 82d Congress the name of this committee was changed from Expenditures in the Executive Departments to Government Operations (July 3, 1952, p. 9217). In the 104th Congress it was changed to Government Reform and Oversight (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), in the 106th Congress to Government Reform (H. Res. 5, Jan. 6, 1999, p. 47), and in the 110th Congress to Oversight and Government Reform (sec. 215(a), H. Res. 6, Jan. 4, 2007, p. 19). The former Committee on Expenditures in the Executive Departments was established December 5, 1927 (VII, 2041), and took the place of 11 separate committees on expenditures in the several executive departments. The first of these committees was established in 1816, and others were added as new departments were created (IV, 4315). They reported bills relating to the efficiency and integrity of the public service (IV, 4320) and creation and abolition of offices (IV, 4318). [[Page 469]] ing from the budget the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (although the Committee on Transportation and Infrastructure retains programmatic jurisdiction); and (3) the Committee on the Budget has secondary jurisdiction over a bill amending title 49 of the United States Code and providing off-budget treatment for the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (Dec. 6, 1995, p. 35572). The committee was also released from jurisdiction over measures relating to exemptions from executive orders sequestering budget authority, which had been added by the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). In the 105th Congress any residual jurisdiction over budget process was transferred to the Committee on the Budget (H. Res. 5, Jan. 7, 1997, p. 121). The 104th Congress assigned the committee its responsibilities to coordinate committee oversight plans under clause 2(d) (sec. 203(a), H. Res. 6, Jan. 4, 1995, p. 467). In the 104th Congress the committee was also given the responsibility to consider and report recommendations concerning alternatives to commemorative legislation, although no such report was made to the House (sec. 216(b), H. Res. 6, Jan. 4, 1995, p. 468). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of a redundant undesignated recitation of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47). In addition to the jurisdiction vested in the Committee by the Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee Reform Amendments of 1974, effective January 3, 1975, assigned the committee jurisdiction over measures relating to the overall economy and efficiency of Government operations and activities, including Federal procurement, intergovernmental relationships, and general revenue sharing (the latter from the Committee on Ways and Means was stricken from the jurisdictional statement of this committee in the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), and the National Archives (from the former Committee on Post Office and Civil Service) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), the committee assumed the jurisdictions of the former Committee on the District of Columbia (subpara. (2)) and the former Committee on Post Office and Civil Service except that relating to the Franking Commission (subparas. (1), (5), (8), and (9)); and subparagraphs (3) and (10) were added to clarify existing jurisdiction. At the same time the committee's jurisdiction over measures relating to off-budget treatment of agencies or programs, which had been added by the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177), was transferred to the Committee on the Budget. Three rereferrals from this committee to the Committee on the Budget marked this migration of off-budget treatment jurisdiction: (1) the Committee on the Budget has primary jurisdiction over a bill excluding from the budget the Civil Service Retirement and Disability Fund (although this committee retains programmatic jurisdiction over that Fund); (2) the Committee on the Budget has primary jurisdiction over a bill exclud [[Page 470]] for administrative law judges (July 31, 1991, p. 20677; June 10, 1999, p. 12435). The committee has exercised jurisdiction over bills: waiving Reorganization Plans to establish the Rural Electrification Administration as an independent agency and transferring certain functions thereto (Mar. 19, 1959, p. 4692); establishing a Commission on Population Growth (Sept. 23, 1969, p. 26568); establishing a Cabinet Committee on Opportunities for Spanish-Speaking Americans (Nov. 24, 1969, p. 35509); providing payment of travel costs for Federal employment applicants (Feb. 15, 1967, p. 3466); and a bill to rename an existing post office building (Aug. 4, 1995, p. 22085; Oct. 1, 1998, p. 22933), even if the post office building also houses a courthouse (Sept. 14, 2000, p. 18054). The Committee on Transportation and Infrastructure, and not this committee, has jurisdiction over a measure redesignating a general-purpose Federal building as a post office (Apr. 24, 1997, p. 22085). The committee has exercised jurisdiction over countercyclical programs of revenue-sharing grants to State and local governments, such as that contained in Title II of the Public Works Employment Act of 1976 (Feb. 1, 1977, p. 3057). The committee shares jurisdiction over a bill to facilitate the reorganization of an agency by instituting a separation pay program to encourage eligible employees to voluntarily resign or retire (Aug. 2, 1993, p. 18161). The committee has jurisdiction over a bill explicitly waiving the Federal Property and Administrative Services Act and directing the Administrator of General Services to convey excess real property (Oct. 2, 1998, p. 23186). This committee, and not the Committee on the Judiciary, has jurisdiction over a bill authorizing a pay adjustment The specific subpoena authority conferred upon the committee in the standing rules on February 10, 1947 (p. 942) was superseded by the general conferral of subpoena authority on all committees in clause 2(m) of rule XI. The committee may authorize the taking of depositions pursuant to subpoena (clause 4(c)(3) of rule X). By the Committee Reform Amendments of 1974, effective January 3, 1975, the committee was given the general function under clause 4(c)(1) of examining and reporting upon reports of the Comptroller General, evaluating laws reorganizing the legislative and executive branches, and studying intergovernmental relationships domestically and with international organizations to which the United States belongs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Under section 2954 of title 5, United States Code, an executive agency, if so requested by this committee or any seven members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee. (o) Committee on Rules.
Sec. 733. Rules. (1) Rules and joint rules (other than those relating to the Code of Official Conduct) and the order of business of the House.
(2) Recesses and final adjournments of Congress. This committee, which had existed as a select committee from 1789, became a standing committee in 1880 (IV, 4321; VII, 2047). The jurisdiction defined in this paragraph became effective January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of a redundant undesignated paragraph permitting the committee to sit during sessions of the House (H. Res. 5, Jan. 6, 1999, p. 47). That undesignated paragraph, originally designated as subparagraph (3) (H. Res. 5, Jan. 5, 1993, p. 49), was derived from section 134(c) of the Legislative Reorganization Act of 1946, even though the committee had authority to sit during sessions of the House since 1893 (IV, 4546). Effective January 3, 1975, however, the authority for all committees to sit and act whether the House is in session or has adjourned rendered this provision obsolete (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). [[Page 471]] of the committee was increased from 12 to 15 members for the 87th Congress (Jan. 31, 1961, p. 1589), and the increase in the committee's size was incorporated as a part of the rules in the 88th Congress (Jan. 9, 1963, p. 14). Effective January 3, 1975, however, the rules were amended to eliminate prescriptions of committee sizes (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), and in the 94th through the 98th Congresses 16 Members were named to the Committee on Nominations from the respective party caucuses (see, e.g., H. Res. 76, Jan. 20, 1975, p. 803; H. Res. 101, Jan. 28, 1975, p. 1611), and in the 99th through 101st Congresses, 13 Members were named to the Committee on Nominations from the respective party caucuses (see, e.g., H. Res. 34, 35, Jan. 30, 1985, pp. 1271, 1273). The Speaker was first made a member of the committee in 1858 (IV, 4321), and ceased to be a member on March 19, 1910 (VII, 2047). However, the Legislative Reorganization Act of 1946 deleted from the former rule the prohibition against the Speaker serving on the committee. The size The subject of recesses and adjournments was formerly under the jurisdiction of the Committee on Ways and Means. In section 402(b) of the Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974), the committee was given specific authority to report emergency waivers of the required reporting date for bills and resolutions authorizing new budget authority. That authority was incorporated into this rule, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), but was repealed as obsolete in the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39). Jurisdiction over rules relating to official conduct and financial disclosure was transferred to the Committee on Standards of Official Conduct (now Ethics) on April 3, 1968 (H. Res. 1099, 90th Cong.), but in the 95th Congress, jurisdiction over rules relating to financial disclosure by Members, officers, and employees of the House was returned to this committee (H. Res. 5, Jan. 4, 1977, pp. 53-70). [[Page 472]] The jurisdiction of this committee is primarily over propositions to make or change the rules (V, 6770, 6776; VII, 2047), to create committees (IV, 4322; VII, 2048), and to direct them to make investigations (IV, 4322-4324; VII, 2048). Effective January 3, 1975, however, the authority for all committees to conduct investigations and studies was made a part of the standing rules (clause 1(b) of rule XI), as was the authority to issue subpoenas (clause 2(m) of rule XI) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The committee also reports resolutions relating to the hour of daily meeting and the days on which the House shall sit (IV, 4325), and orders relating to the use of the galleries during the electoral count (IV, 4327). The chair of the Committee on the Budget inserted in the Congressional Record a memorandum of understanding between this committee and the Committee on the Budget to clarify each Committee's jurisdiction over the congressional budget process (Jan. 4, 1995, p. 617). The Committee on the Budget has primary jurisdiction, and this committee has additional jurisdiction, over a bill amending the Budget Act to establish new legislative points of order and directing that the President include a specified matter in the budget (Feb. 13, 2001, p. 1817).
Sec. 734. Special orders of business. Since 1883 the Committee on Rules has reported special orders providing times and methods for consideration of individual bills or classes of bills, thereby enabling the House by majority vote to forward particular legislation, instead of being forced to use for this purpose the motion to suspend the rules, which requires a two-thirds vote (IV, 3152; V, 6870; for forms of, IV, 3238-3263).
Special orders may still be made by suspension of the rules (IV, 3154) or by unanimous consent (IV, 3165, 3166; VII, 758); but it is not in order to provide that a subject be made a special order by way of a motion to postpone to a day certain (IV, 3164). Before the adoption of rules, and consequently before there is a rule as to the order of business, the Speaker may recognize a Member to offer for immediate consideration a special order providing for the consideration in the House of a subsequent resolution to adopt rules for the new Congress (H. Res. 5, Jan. 4, 1995, p. 447; H. Res. 5, Jan. 4, 2007, p. 7). A special order reported by the Committee on Rules must be agreed to by a majority vote of the House (IV, 3169). It is not in order to move to postpone a special order providing for the consideration of a class of bills (V, 4958), but a bill that comes before the House by the terms of a special order merely assigning the day for its consideration may be postponed by a majority vote (IV, 3177- 3182). A motion to rescind a special order is not privileged under the rules regulating the order of business (IV, 3173, 3174; V, 5323). A motion to amend the Rules of the House does not present a question of privilege (VIII, 3377, overruling VIII, 3376; see also Sec. 706, supra), and it is not in order by raising a question of the privileges of the House under rule IX to move to direct the Committee on Rules to consider a request to report a special order of business (Speaker Albert, June 27, 1974, p. 21599), or to direct the Committee on Rules to meet, to elect a temporary chair (in the temporary absence of the chair) and consider special orders of business (Speaker Albert, July 31, 1975, p. 26250). For further discussion of the Committee on Rules, see Sec. Sec. 857- 863, infra. (p) Committee on Science, Space, and Technology.
Sec. 735. Science, Space, and Technology. (1) All energy research, development, and demonstration, and projects therefor, and all federally owned or operated nonmilitary energy laboratories.
(2) Astronautical research and development, including resources, personnel, equipment, and facilities. [[Page 473]] (3) Civil aviation research and development. (4) Environmental research and development. (5) Marine research. (6) Commercial application of energy technology. (7) National Institute of Standards and Technology, standardization of weights and measures, and the metric system. (8) National Aeronautics and Space Administration. (9) National Space Council. (10) National Science Foundation. (11) National Weather Service. (12) Outer space, including exploration and control thereof. (13) Science scholarships. (14) Scientific research, development, and demonstration, and projects therefor. [[Page 474]] demonstration projects and federally owned nonmilitary energy laboratories (H. Res. 549, Mar. 25, 1980, pp. 6405-10). In the 100th Congress, the committee was redesignated as the Committee on Science, Space, and Technology (H. Res. 5, Jan. 6, 1987, p. 6). In the 103d Congress the jurisdictional statement of the committee was updated to reflect the renaming of executive branch entities (H. Res. 5, Jan. 5, 1993, p. 49). The 104th Congress renamed the committee as the Committee on Science and expanded its jurisdiction by adding subparagraph (5), from the former Committee on Merchant Marine and Fisheries, and subparagraph (6), from the Committee on Energy and Commerce (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of a redundant undesignated recitation of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47). The 110th Congress renamed the committee as the Committee on Science and Technology (sec. 216(a), H. Res. 6, Jan. 4, 2007, p. 19) and the 112th Congress redesignated it the Committee on Science, Space, and Technology (sec. 2(e)(9), H. Res. 5, Jan. 5, 2011, p. _). The standing Committee on Science and Astronautics was established in the 85th Congress and given jurisdiction formerly vested in a Select Committee on Astronautics and Space Exploration established a few months earlier (Mar. 5, 1958, p. 3443), as well as the former jurisdiction of the Committee on Interstate and Foreign Commerce (now Energy and Commerce) over the Bureau of Standards (now the National Institute of Standards and Technology) and science scholarships (July 21, 1958, p. 14513). By the Committee Reform Amendments of 1974, effective January 3, 1975, the committee was redesignated as the Committee on Science and Technology and given additional jurisdiction over civil aviation research and development, environmental research and development, nonnuclear energy research and development, and the National Weather Service (now part of the National Oceanic and Atmospheric Administration) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). At the same time the committee was given the general and special oversight functions set forth in clause 2(b) and former clause 3(f) (current clause 3(k)). When the House abolished the Joint Committee on Atomic Energy in the 95th Congress, this committee was given jurisdiction over nuclear research and development as well (H. Res. 5, Jan. 4, 1977, pp. 53-70). Its jurisdiction over energy research and development (now subpara. (1)) was amended in the 96th Congress, effective January 3, 1981, to specifically include energy The committee has jurisdiction over proposals dealing with U.S. participation in the World Science Pan-Pacific Exposition (June 24, 1959, p. 11810); over a resolution condemning Soviet Union internal exile of an individual, and recommending that Government agencies including NASA, the National Bureau of Standards and the National Science Foundation defer official travel to that country (Jan. 30, 1980, p. 1320); with the Committees on Armed Services and Interior and Insular Affairs (now Natural Resources), over bills to test the commercial viability of oil shale technologies within the naval oil shale reserves or on other public lands (Sept. 26, 1978, p. 31623); and with four other committees over a bill coordinating Federal agencies' research into ground water contamination, including that done by the Environmental Protection Agency (Mar. 15, 1989, p. 4163). The Committee on Natural Resources, and not this committee, has jurisdiction over a bill transferring interest in a National Oceanic and Atmospheric Administration fisheries research laboratory (Oct. 1, 2002, p. 18796). (q) Committee on Small Business.
Sec. 736. Small Business. (1) Assistance to and protection of small business, including financial aid, regulatory flexibility, and paperwork reduction.
[[Page 475]] (2) Participation of small-business enterprises in Federal procurement and Government contracts. A Select Committee on Small Business was first established in the 77th Congress (H. Res. 294, pp. 9418-28) and was reconstituted each Congress thereafter by resolution reported from the Committee on Rules until made permanent in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). The Committee Reform Amendments of 1974 established a standing Committee on Small Business, effective January 3, 1975, and vested it with legislative jurisdiction formerly held by the Committee on Banking and Currency (now Financial Services) (subpara. (1)) and the Committee on the Judiciary (subpara. (2)) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). At the same time the general and special oversight functions were set forth in clause 2(b) and in former clause 3(g) (current clause 3(l)). The 104th Congress expanded the jurisdiction of the committee over assistance to and protection of small business by inserting the references to regulatory flexibility and paperwork reduction in subparagraph (1) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464; see also Feb. 9, 1995, p. 4328) and later effected a technical correction (H. Res. 254, Nov. 30, 1995, p. 35077). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the deletion of a redundant undesignated recitation of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p. 47). (r) Committee on Transportation and Infrastructure.
Sec. 739. Transportation and Infrastructure. (1) Coast Guard, including lifesaving service, lighthouses, lightships, ocean derelicts, and the Coast Guard Academy.
(2) Federal management of emergencies and natural disasters. (3) Flood control and improvement of rivers and harbors. (4) Inland waterways. (5) Inspection of merchant marine vessels, lights and signals, lifesaving equipment, and fire protection on such vessels. (6) Navigation and laws relating thereto, including pilotage. [[Page 476]] (7) Registering and licensing of vessels and small boats. (8) Rules and international arrangements to prevent collisions at sea. (9) The Capitol Building and the Senate and House Office Buildings. (10) Construction or maintenance of roads and post roads (other than appropriations therefor). (11) Construction or reconstruction, maintenance, and care of buildings and grounds of the Botanic Garden, the Library of Congress, and the Smithsonian Institution. (12) Merchant marine (except for national security aspects thereof). (13) Purchase of sites and construction of post offices, customhouses, Federal courthouses, and Government buildings within the District of Columbia. (14) Oil and other pollution of navigable waters, including inland, coastal, and ocean waters. (15) Marine affairs, including coastal zone management, as they relate to oil and other pollution of navigable waters. (16) Public buildings and occupied or improved grounds of the United States generally. (17) Public works for the benefit of navigation, including bridges and dams (other than international bridges and dams). (18) Related transportation regulatory agencies (except the Transportation Security Administration). [[Page 477]] (19) Roads and the safety thereof. (20) Transportation, including civil aviation, railroads, water transportation, transportation safety (except automobile safety and transportation security functions of the Department of Homeland Security), transportation infrastructure, transportation labor, and railroad retirement and unemployment (except revenue measures related thereto). (21) Water power. [[Page 478]] changes to this paragraph. For debate (and material submitted during debate) that may edify the reader on the jurisdictional issues surrounding the creation of that committee, see January 4, 2005, pp. 60- 62. The committee was created effective January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), combining the Committees on Flood Control (created in 1916) (VII, 2069), Public Buildings and Grounds (created in 1837) (IV, 4231), Rivers and Harbors (created in 1883) (IV, 4118)), and Roads (created in 1913) (VII, 2065). The authority of the committee to report as privileged bills authorizing the improvement of rivers and harbors was eliminated by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). At the same time the committee's jurisdiction over parks in the District of Columbia was transferred to the Committee on Interior and Insular Affairs (now Natural Resources); and it gained jurisdiction over transportation, including civil aviation (except railroads, railroad labor, and railroad pensions), over roads and the safety thereof, over water transportation subject to the jurisdiction of the Interstate Commerce Commission, and over related transportation regulatory agencies with certain exceptions. The 104th Congress changed the name of the Committee from Public Works and Transportation to Transportation and Infrastructure and expanded its jurisdiction by: adding subparagraphs (1), (5)-(8), (12), and (15) to reflect the transfer of those matters from the former Committee on Merchant Marine and Fisheries; adding subparagraph (4) and enlarging subparagraph (20) to reflect the transfer of those matters from the Committee on Energy and Commerce; and adding subparagraph (2) and inserting the reference to inland, coastal, and ocean waters in subparagraph (14), as clarifying consolidations of formerly fractionalized subjects (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress. The 106th Congress also adopted a substantive amendment to this provision deleting the prohibition against including a provision for a specific road in a bill providing for another specific road or in a general road bill (H. Res. 5, Jan. 6, 1999, p. 47). In the 109th Congress the House established the Committee on Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42). The new committee was given jurisdiction over certain functions of the Department of Homeland Security that resulted in two conforming [[Page 479]] The committee has jurisdiction over proposals establishing Treasury revolving funds for the Southeastern and Southwestern Power Administrations (July 2, 1959, p. 12629); directing the Secretary of the Army to provide school facilities for dependents of Corps of Engineers construction workers (June 17, 1968, p. 17429); conveying Corps of Engineers flood-control project lands (July 15, 1965, p. 17002), naming reservoirs within such projects (Oct. 3, 1989, p. 22770) or allocating or limiting water use therefrom (Feb. 28, 1990, p. 2893); directing the Secretary of the Army to renew the license of an American Legion Post to use a parcel of land on a Corps of Engineer project (May 10, 1988, p. 10282); authorizing construction of an annex to the National Gallery of Art by the Smithsonian Institution (Apr. 10, 1968, p. 9553); addressing the location and development of the J. F. Kennedy Center for the Performing Arts (Sept. 15, 1965, p. 23927; Oct. 21, 1965, p. 27803); transferring land under the control of the Corps of Engineers to Indian tribes (Jan. 29, 1976, p. 1577); amending the Interstate Commerce Act to regulate truck transportation (Feb. 24, 1976, p. 4109; Mar. 1, 1979, p. 3754); concerning the treatment of a U.S. air freight carrier by the Japanese Ministry of Transport pursuant to an understanding negotiated under the International Air Transportation Competition Act of 1979 (not a Trade Act matter) (July 28, 1988, p. 19536); and over an executive communication amending Public Law 90-553, reported by the committee, to authorize the transfer, conveyance, lease and improvement of, and construction on, certain property in the District of Columbia, for use as a headquarters site for an international organization, as sites for governments of foreign countries (Sept. 10, 1981, p. 20598). The Committee on Government Reform and Oversight (now Oversight and Government Reform), and not this committee, has jurisdiction over a bill renaming an existing post office building (Aug. 4, 1995, p. 22085; Oct. 1, 1998, p. 22933) and renaming an existing post office building that also housed a courthouse (Sept. 14, 2000, p. 18054). However, this committee, and not the Committee on Oversight and Government Reform, has jurisdiction over a bill redesignating a general-purpose Federal building as a post office (Apr. 24, 1997, p. 6291). This committee, and not the Committee on Ways and Means, has jurisdiction over a bill designating a customs building (Dec. 12, 1995, p. 36165). The Committee on Natural Resources, and not this committee, has jurisdiction over a bill to validate certain conveyances of erstwhile public lands by a railway company (July 11, 1995, p. 18397). The Committee on Oversight and Government Reform, and not this committee, has jurisdiction over a bill transferring real property administered by the Coast Guard where the bill explicitly waives the Federal Property and Administrative Services Act and directs the Administrator of General Services to convey the property (Oct. 2, 1998, p. 23186). The committee has shared jurisdiction: with the Committee on Energy and Commerce over a bill amending the Solid Waste Disposal Act to provide for the cleanup of hazardous waste sites or discharges presenting a threat to human health and the environment, including navigable waters (Mar. 21, 1984, p. 6186); with the Committee on Government Operations (now Oversight and Government Reform) over a bill to require the Administrator of General Services to convey certain real property (a Federal building) to the Museum for the American Indian and providing for renovation and alteration of the property (Oct. 28, 1987, p. 29685); with the Committee on House Administration over a bill authorizing the Smithsonian Institution to construct, expand, and renovate facilities at the Cooper-Hewitt Museum in New York (July 21, 1987, p. 20309), and over a bill authorizing appropriations to plan, design, construct, and equip museum space for the Smithsonian (July 18, 1991, p. 18830); with several other committees over bills to convert from a defense economy by, inter alia, authorizing economic assistance for public works and economic development (June 24, 1991, p. 16021; June 11, 1992, p. 14470); and with the Committee on Education and Labor (now Education and the Workforce) over bills providing labor protections to workers, including airline employees, in the transportation industry (June 24, 1991, p. 16020; Feb. 24, 1993, p. 3577). In the 101st Congress, the committee reported a bill requiring a cooling-off period in a labor-management dispute between an airline and its unions under the Railway Labor Act (H.R. 1231, Mar. 13, 1989, p. 4032). (s) Committee on Veterans' Affairs. (1) Veterans' measures generally.
Sec. 740. Veterans' Affairs. (2) Cemeteries of the United States in which veterans of any war or conflict are or may be buried, whether in the United States or abroad (except cemeteries administered by the Secretary of the Interior).
(3) Compensation, vocational rehabilitation, and education of veterans. (4) Life insurance issued by the Government on account of service in the Armed Forces. (5) Pensions of all the wars of the United States, general and special. (6) Readjustment of servicemembers to civil life. [[Page 480]] (7) Servicemembers' civil relief. (8) Veterans' hospitals, medical care, and treatment of veterans. This committee was established January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), and was vested with jurisdiction formerly exercised by the Committees on World War Veterans' Legislation (VII, 2077); Invalid Pensions (IV, 4258); and Pensions (IV, 4260). Jurisdiction over veterans' cemeteries administered by the Department of Defense was transferred from the Committee on Interior and Insular Affairs (now Natural Resources) in the 90th Congress (H. Res. 241, Oct. 20, 1967, p. 29560), a matter now shared with the Committee on Armed Services. Vocational rehabilitation, except that pertaining to veterans, is under the jurisdiction of the Committee on Education and the Workforce. The committee has jurisdiction over bills to amend the Servicemembers Civil Relief Act to permit certain declarations of fact in lieu of affidavits (Feb. 4, 1959, p. 1812), and over bills to amend the Servicemen's and Veterans' Survivor Benefits Act relating to service-connected deaths of retired members of the uniformed services (May 18, 1959, p. 8273). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Technical changes to subparagraphs (6) and (7) were effected in the 109th Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005, p. 44). (t) Committee on Ways and Means.
Sec. 741. Ways and Means. (1) Customs revenue, collection districts, and ports of entry and delivery.
(2) Reciprocal trade agreements. (3) Revenue measures generally. (4) Revenue measures relating to insular possessions. (5) Bonded debt of the United States, subject to the last sentence of clause 4(f). (6) Deposit of public monies. (7) Transportation of dutiable goods. (8) Tax exempt foundations and charitable trusts. [[Page 481]] payroll deductions and except work incentive programs). (9) National social security (except health care and facilities programs that are supported from general revenues as opposed to A select Committee on Ways and Means dates from 1789. It was made a standing committee in 1802. Originally it considered both revenue and appropriations, but in 1865 the appropriation bills were given to the Committee on Appropriations and certain other bills to the Committee on Banking and Currency (now Financial Services) (IV, 4020). Its jurisdiction was also amended on April 5, 1911 (p. 58), and further defined in the Legislative Reorganization Act of 1946 (60 Stat. 812), which transferred the subject of recesses and final adjournments from this committee to the Committee on Rules. By the Committee Reform Amendments of 1974, effective January 3, 1975, the committee gained legislative jurisdiction over tax exempt foundations and charitable trusts (subpara. (8)), formerly within the jurisdiction of the Committee on Banking and Currency (now Financial Services) because of their impact on the economy, while it was released from: jurisdiction over health care and facilities programs supported from general revenues to the Committee on Energy and Commerce; jurisdiction over work incentive programs to the Committee on Education and Labor (now Education and the Workforce); and jurisdiction over renegotiation to the Committee on Banking, Finance and Urban Affairs (now Financial Services) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee Reform Amendments also transferred jurisdiction over general revenue sharing from this committee to the Committee on Government Operations (now Oversight and Government Reform); however, revenue sharing was stricken from the jurisdictional statement of that committee in the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). The committee's jurisdiction over the bonded debt of the United States (subpara. (5)) was made subject to the last sentence of clause 4(f) (formerly clause 4(g)) of rule X in the 96th Congress by Public Law 96- 78 (93 Stat. 589). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). In the 109th Congress the House established the Committee on Homeland Security (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42), which was given jurisdiction over certain functions of the Department of Homeland Security that resulted in a conforming change to this paragraph. For debate (and material submitted during debate) that may edify the reader on the jurisdictional issues surrounding the creation of that committee, see January 4, 2005, pp. 60-62. [[Page 482]] had jurisdiction as to seal herds and other revenue-producing animals in Alaska but this jurisdiction was changed in the 68th Congress to the former Committee on Merchant Marine and Fisheries (VII, 1725, 1851). As exemplified by sequential referrals in the 96th Congress, the committee has jurisdiction over reported bills creating major oil spill and hazardous waste trust funds in the Treasury, funded by assessments on all quantities of oil, petrochemical feedstocks, and other hazardous substances offered for sale, where the scope and size of the funds and the method of assessment (similar to an excise tax) represented the collection of general revenue to fund particular Federal activities, a type of financing mechanism over which the Ways and Means Committee has traditionally exercised jurisdiction (May 20, 1980, p. 11862). The revenue jurisdiction of the committee extends to such subjects as transportation of dutiable goods, collection districts, ports of entry and delivery (IV, 4026), customs unions, reciprocity treaties (IV, 4021), revenue relations of the United States with Puerto Rico (IV, 4025), the revenue bills relating to agricultural products generally, excepting oleomargarine (IV, 4022), and tax on cotton and grain futures. The committee formerly The committee has jurisdiction over subjects relating to the Treasury of the United States and the deposit of the public moneys (IV, 4028), but it failed to make good a claim to the subjects of ``national finances'' and ``preservation of the Government credit'' (IV, 4023). The committee has jurisdiction over bills providing tax incentives for persons investing in Indian property (Feb. 1, 1964, p. 1582), providing unemployment compensation to individuals with military or Federal service (Apr. 28, 1976, p. 11590), providing extended and increased unemployment compensation (Apr. 16, 1975, p. 10346), and over private bills waiving provisions of the Tariff Act to require reliquidation of certain imported materials as duty-free (July 13, 1982, p. 16014). The Committee on Transportation and Infrastructure, and not this committee, has jurisdiction over a bill to designate a customs administrative building (Dec. 12, 1995, p. 36165). The Committee on the Budget, and not this committee, has jurisdiction over a bill establishing a rule of sequestration under the Balanced Budget and Emergency Deficit Control Act (Dec. 15, 2000, p. 27085). The Committee on the Budget has primary jurisdiction, and this committee has additional jurisdiction, over a bill taking Social Security trust funds off budget (Dec. 15, 2000, p. 27085). [[Page 483]] The committee has exercised jurisdiction, with the Committee on Energy and Commerce, over executive communications reporting on inpatient hospital services under title XVIII (medicare) and under title XIX (medicaid) of the Social Security Act (Dec. 21, 1982, p. 33261); with the Committee on Public Works and Transportation (now Transportation and Infrastructure) over executive communications proposing draft legislation reauthorizing the Surface Transportation Act but also containing a revenue title raising taxes to fund surface transportation programs (Mar. 20, 1986, p. 5804); with the former Committee on Merchant Marine and Fisheries (succeeded by the Committee on Natural Resources) over a bill amending the Fishermen's Protective Act to authorize the President to prohibit the importation of any product from a country violating an international fishery conservation program (Mar. 21, 1989, p. 5077); and with three other committees over a bill imposing certain international economic sanctions including tariffs (May 27, 1992, p. 12658). General oversight responsibilities The committee in the earlier practice reported resolutions distributing the President's annual message (IV, 4030), but since the first session of the 64th Congress this practice has been discontinued (VIII, 3350).
742. General oversight. 2. (a) The various standing committees shall have general oversight responsibilities as provided in paragraph (b) in order to assist the House in--
(1) its analysis, appraisal, and evaluation of-- (A) the application, administration, execution, and effectiveness of Federal laws; and (B) conditions and circumstances that may indicate the necessity or desirability of enacting new or additional legislation; and (2) its formulation, consideration, and enactment of changes in Federal laws, and of such additional legislation as may be necessary or appropriate. (b)(1) In order to determine whether laws and programs addressing subjects within the jurisdiction of a committee are being implemented and carried out in accordance with the intent of Congress and whether they should be continued, curtailed, or eliminated, each standing committee (other than the Committee on Appropriations) shall review and study on a continuing basis-- (A) the application, administration, execution, and effectiveness of laws and programs addressing subjects within its jurisdiction; [[Page 484]] ities for the administration and execution of laws and programs addressing subjects within its jurisdiction; (B) the organization and operation of Federal agencies and entities having responsibil (C) any conditions or circumstances that may indicate the necessity or desirability of enacting new or additional legislation addressing subjects within its jurisdiction (whether or not a bill or resolution has been introduced with respect thereto); and (D) future research and forecasting on subjects within its jurisdiction.
Sec. 743. Oversight subcommittees. (2) Each committee to which subparagraph (1) applies having more than 20 members shall establish an oversight subcommittee, or require its subcommittees to conduct oversight in their respective jurisdictions, to assist in carrying out its responsibilities under this clause. The establishment of an oversight subcommittee does not limit the responsibility of a subcommittee with legislative jurisdiction in carrying out its oversight responsibilities.
(c) Each standing committee shall review and study on a continuing basis the impact or probable impact of tax policies affecting subjects within its jurisdiction as described in clauses 1 and 3. [[Page 485]] on House Administration. In developing its plan each committee shall, to the maximum extent feasible-- (d)(1) Not later than February 15 of the first session of a Congress, each standing committee shall, in a meeting that is open to the public and with a quorum present, adopt its oversight plan for that Congress. Such plan shall be submitted simultaneously to the Committee on Oversight and Government Reform and to the Committee (A) consult with other committees that have jurisdiction over the same or related laws, programs, or agencies within its jurisdiction with the objective of ensuring maximum coordination and cooperation among committees when conducting reviews of such laws, programs, or agencies and include in its plan an explanation of steps that have been or will be taken to ensure such coordination and cooperation; (B) review specific problems with Federal rules, regulations, statutes, and court decisions that are ambiguous, arbitrary, or nonsensical, or that impose severe financial burdens on individuals; (C) give priority consideration to including in its plan the review of those laws, programs, or agencies operating under permanent budget authority or permanent statutory authority; (D) have a view toward ensuring that all significant laws, programs, or agencies within its jurisdiction are subject to review every 10 years; (E) have a view toward insuring against duplication of Federal programs; and [[Page 486]] (F) include proposals to cut or eliminate programs, including mandatory spending programs, that are inefficient, duplicative, outdated, or more appropriately administered by State or local governments. (2) Not later than March 31 in the first session of a Congress, after consultation with the Speaker, the Majority Leader, and the Minority Leader, the Committee on Oversight and Government Reform shall report to the House the oversight plans submitted by committees together with any recommendations that it, or the House leadership group described above, may make to ensure the most effective coordination of oversight plans and otherwise to achieve the objectives of this clause. (e) The Speaker, with the approval of the House, may appoint special ad hoc oversight committees for the purpose of reviewing specific matters within the jurisdiction of two or more standing committees. [[Page 487]] added paragraph (e) (sec. 203(a), H. Res. 6, Jan. 4, 1995, p. 467). The 106th Congress deleted a provision added in the 104th Congress making consideration of resolutions funding each committee contingent on submission of its oversight plans to the committees specified; deleted the exception for the Budget Committee from the general oversight responsibilities listed in clause 2(b); effected clerical corrections to conform references to a renamed committee; and effected clerical and stylistic changes when the House recodified its rules (H. Res. 5, Jan. 6, 1999, p. 47). Clause 2(d)(1)(B) was added in the 107th Congress (sec. 2(e), H. Res. 5, Jan. 3, 2001, p. 25). Clause 2(d)(1)(E) was added in the 109th Congress (sec. 2(b), H. Res. 5, Jan. 4, 2005, pp. 42, 43) and clause 2(d)(1)(F) was added in the 112th Congress (sec. 2(c)(11), H. Res. 5, Jan. 5, 2011, p. _). Paragraph (d) was amended in the 110th Congress to reflect a change in committee name (sec. 215(b), H. Res. 6, Jan. 4, 2007, p. 19). Special oversight functions Clause 2(a), and the first requirement of clause 2(b)(1) that each standing committee shall review the application, etc., of all laws within its jurisdiction, were originally contained in section 118(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and were made part of the standing rules on January 22, 1971 (H. Res. 5, p. 144). Effective January 3, 1975, general oversight responsibilities set forth in the remainder of the clause were incorporated into the rule (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Oversight responsibilities are also contained in section 190d of title 2, United States Code. On January 14, 1975, the size of those standing committees required by clause 2(b)(2) (formerly clause 2(b)(1)) to establish an oversight subcommittee or to require its subcommittees to conduct oversight was increased from 15 to more than 20 (H. Res. 5, 94th Cong., p. 20). In the 100th Congress a requirement that representatives from the Committee on Government Operations (now Oversight and Government Reform) meet with other committees at the beginning of each Congress to discuss oversight plans and that that Committee report to the House its oversight coordination recommendations within 60 days after the convening of the first session was deleted (H. Res. 5, Jan. 6, 1987, p. 6). The 104th Congress added the requirement that each standing committee adopt by February 15 of the first session of a Congress its oversight plans for that Congress, such plans to be submitted to the Committees on Government Reform and Oversight (now Oversight and Government Reform) and House Oversight (now House Administration). The 104th Congress also
744. Special oversight. 3. (a) The Committee on Appropriations shall conduct such studies and examinations of the organization and operation of executive departments and other executive agencies (including an agency the majority of the stock of which is owned by the United States) as it considers necessary to assist it in the determination of matters within its jurisdiction.
(b) The Committee on Armed Services shall review and study on a continuing basis laws, programs, and Government activities relating to international arms control and disarmament and the education of military dependents in schools. (c) The Committee on the Budget shall study on a continuing basis the effect on budget outlays of relevant existing and proposed legislation and report the results of such studies to the House on a recurring basis. [[Page 488]] a continuing basis laws, programs, and Government activities relating to domestic educational programs and institutions and programs of student assistance within the jurisdiction of other committees. (d) The Committee on Education and the Workforce shall review, study, and coordinate on (e) The Committee on Energy and Commerce shall review and study on a continuing basis laws, programs, and Government activities relating to nuclear and other energy and nonmilitary nuclear energy research and development including the disposal of nuclear waste. (f) The Committee on Foreign Affairs shall review and study on a continuing basis laws, programs, and Government activities relating to customs administration, intelligence activities relating to foreign policy, international financial and monetary organizations, and international fishing agreements. (g)(1) The Committee on Homeland Security shall review and study on a continuing basis all Government activities relating to homeland security, including the interaction of all departments and agencies with the Department of Homeland Security. (2) In addition, the committee shall review and study on a primary and continuing basis all Government activities, programs, and organizations related to homeland security that fall within its primary legislative jurisdiction. [[Page 489]] (h) The Committee on Natural Resources shall review and study on a continuing basis laws, programs, and Government activities relating to Native Americans. (i) The Committee on Oversight and Government Reform shall review and study on a continuing basis the operation of Government activities at all levels with a view to determining their economy and efficiency. (j) The Committee on Rules shall review and study on a continuing basis the congressional budget process, and the committee shall report its findings and recommendations to the House from time to time. (k) The Committee on Science, Space, and Technology shall review and study on a continuing basis laws, programs, and Government activities relating to nonmilitary research and development. (l) The Committee on Small Business shall study and investigate on a continuing basis the problems of all types of small business. (m) The Permanent Select Committee on Intelligence shall review and study on a continuing basis laws, programs, and activities of the intelligence community and shall review and study on an exclusive basis the sources and methods of entities described in clause 11(b)(1)(A). [[Page 490]] energy programs became effective January 3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). The oversight authority conferred on the Committee on Oversight and Government Reform was first made effective as part of the Legislative Reorganization Act of 1946 (60 Stat. 812). In the 104th Congress conforming amendments to the special oversight functions of the Committees on Natural Resources and Energy and Commerce were adopted to reflect the transfer of jurisdiction over nonmilitary nuclear energy from the Committee on Natural Resources to the Committee on Energy and Commerce (H. Res. 254, Nov. 30, 1995, p. 35077). Paragraph (j) was added by section 226 of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177). The remainder of the clause (except for paragraphs (g) and (m)) became effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). This clause has been amended several times to conform references to renamed committees (H. Res. 89, Feb. 5, 1979, p. 1848; H. Res. 549, Mar. 25, 1980, pp. 6405-10; H. Res. 5, Jan. 5, 1993, p. 49; sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. 47; H. Res. 6, Jan. 4, 2007, p. 19; H. Res. 5, Jan. 5, 2011, p. _). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the transfer to this clause of oversight functions of the Committees on Oversight and Government Reform and Appropriations found in clause 2 (H. Res. 5, Jan. 6, 1999, p. 47). The oversight authority of the Permanent Select Committee on Intelligence in paragraph (m) was added in the 107th Congress (sec. 2(f), H. Res. 5, Jan. 3, 2001, p. 25). The Committee on Homeland Security was established in the 109th Congress and given the oversight authority set forth in paragraph (g)(1) (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42). Paragraph (g)(2) was added in the 111th Congress (sec. 2(b), H. Res. 5, Jan. 6, 2009, p. 7). The oversight authority conferred on the Committee on Appropriations was first given that committee on February 11, 1943 (p. 884), continued by resolution of January 9, 1945 (p. 135), and incorporated into permanent law in section 202(b) of the Legislative Reorganization Act of 1946, and made a part of the standing rules on January 3, 1953 (pp. 17, 24). The special oversight responsibilities of the Committee on the Budget were made part of the rules effective July 12, 1974 by section 101(c) of the Congressional Budget Act of 1974 (88 Stat. 300). Paragraph (e) (formerly paragraph (h)) was added on January 4, 1977, upon the abolition of the legislative jurisdiction in the House of the Joint Committee on Atomic Energy (H. Res. 5, 95th Cong., pp. 53-70). The special oversight responsibilities of the Committee on Energy and Commerce over nuclear energy to all [[Page 491]] Additional functions of committees Section 9 of the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. 9040) added a paragraph in this clause creating a bipartisan Subcommittee on Administrative Oversight of the Committee on House Administration, to be chaired by the chair of the Committee on House Administration and to be composed of members of the Committee on House Administration, one-half from the majority party and one-half from the minority party. The paragraph was rewritten in the 103d Congress to provide that the Speaker, the Majority and Minority Leaders, and the chair and ranking minority member of the Committee on House Administration be informed of tie votes in that subcommittee (H. Res. 5, Jan. 5, 1993, p. 49), but the paragraph was deleted entirely in the 104th Congress (sec. 201(d), H. Res. 6, Jan. 4, 1995, p. 463).
745. Committee on Appropriations; budget hearings. 4. (a)(1)(A) The Committee on Appropriations shall, within 30 days after the transmittal of the Budget to Congress each year, hold hearings on the Budget as a whole with particular reference to--
(i) the basic recommendations and budgetary policies of the President in the presentation of the Budget; and (ii) the fiscal, financial, and economic assumptions used as bases in arriving at total estimated expenditures and receipts. (B) In holding hearings under subdivision (A), the committee shall receive testimony from the Secretary of the Treasury, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, and such other persons as the committee may desire.
Sec. 746. Procedure for budget hearings. (C) A hearing under subdivision (A), or any part thereof, shall be held in open session, except when the committee, in open session and with a quorum present, determines by record vote that the testimony to be taken at that hearing on that day may be related to a matter of national security. The committee may by the same procedure close one subsequent day of hearing. A transcript of all such hearings shall be printed and a copy thereof furnished to each Member, Delegate, and the Resident Commissioner.
[[Page 492]] of the committee and the Committee on Appropriations of the Senate in accordance with such procedures as the two committees jointly may determine. (D) A hearing under subdivision (A), or any part thereof, may be held before a joint meeting - (2) <> Pursuant to section 401(b)(2) of the Congressional Budget Act of 1974, when a committee reports a bill or joint resolution that provides new entitlement authority as defined in section 3(9) of that Act, and enactment of the bill or joint resolution, as reported, would cause a breach of the committee's pertinent allocation of new budget authority under section 302(a) of that Act, the bill or joint resolution may be referred to the Committee on Appropriations with instructions to report it with recommendations (which may include an amendment limiting the total amount of new entitlement authority provided in the bill or joint resolution). If the Committee on Appropriations fails to report a bill or joint resolution so referred within 15 calendar days (not counting any day on which the House is not in session), the committee automatically shall be discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. [[Page 493]] This part of clause 4 was originally contained in section 242(c)(1) of the Legislative Reorganization Act of 1970 and was made part of the standing rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Paragraph (a)(1)(C), requiring open hearings, was first adopted in the 93d Congress (H. Res. 259, Mar. 7, 1973, pp. 6713-20) and was amended in the 94th Congress to limit the effect of a vote to close a hearing to that day and one subsequent day (H. Res. 5, Jan. 14, 1975, p. 20). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). (3) In addition, the Committee on Appropriations shall study on a continuing basis those provisions of law that (on the first day of the first fiscal year for which the congressional budget process is effective) provide spending authority or permanent budget authority and shall report to the House from time to time its recommendations for terminating or modifying such provisions. (4) In the manner provided by section 302 of the Congressional Budget Act of 1974, the Committee on Appropriations (after consulting with the Committee on Appropriations of the Senate) shall subdivide any allocations made to it in the joint explanatory statement accompanying the conference report on such concurrent resolution, and promptly report the subdivisions to the House as soon as practicable after a concurrent resolution on the budget for a fiscal year is agreed to. [[Page 494]] 33) to conform to the subsequent repeal of title VI. Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress, including the transfer of former paragraph (h) to this paragraph as new subparagraph (4) (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (2) first became effective on July 12, 1974, by inclusion in section 401(b)(2) of the Congressional Budget Act of 1974 (88 Stat. 317), was incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), was amended in the 95th Congress to correct an error in cross-reference (H. Res. 5, Jan. 4, 1977, pp. 53-70), and was again amended in the 105th Congress to reflect the repeal of the collective definition of ``new spending authority'' and the revision of various remaining parts (Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33). Subparagraph (3) was also contained in the Congressional Budget Act of 1974 in section 402(f), and was likewise incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The requirements of subparagraph (4) (formerly paragraph (h)) was originally contained in section 302(b) of the Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974) and was incorporated into this rule effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). It was amended by the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) to conform to the enactment of title VI of the Budget Act. It was again amended by the Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-
Sec. 747a. Former Select Intelligence Oversight Panel. A former subparagraph (5) added in the 110th Congress established a Select Intelligence Oversight Panel of the Committee on Appropriations to review budget requests for and execution of intelligence activities (H. Res. 35, Jan. 9, 2007, p. 567). It was abolished in the 112th Congress (sec. 2(e)(10), H. Res. 5, Jan. 5, 2011, p. _).
(b) The Committee on the Budget shall--
Sec. 748. Budget. (1) review on a continuing basis the conduct by the Congressional Budget Office of its functions and duties;
(2) hold hearings and receive testimony from Members, Senators, Delegates, the Resident Commissioner, and such appropriate representatives of Federal departments and agencies, the general public, and national organizations as it considers desirable in developing concurrent resolutions on the budget for each fiscal year; (3) make all reports required of it by the Congressional Budget Act of 1974; (4) study on a continuing basis those provisions of law that exempt Federal agencies or any of their activities or outlays from inclusion in the Budget of the United States Government, and report to the House from time to time its recommendations for terminating or modifying such provisions; [[Page 495]] from time to time the results of such studies, together with its recommendations; and (5) study on a continuing basis proposals designed to improve and facilitate the congressional budget process, and report to the House (6) request and evaluate continuing studies of tax expenditures, devise methods of coordinating tax expenditures, policies, and programs with direct budget outlays, and report the results of such studies to the House on a recurring basis. Paragraph (b)(1) became a part of the rules on July 12, 1974 by enactment of section 101(c) of the Congressional Budget Act of 1974 (88 Stat. 300). Subparagraph (2), contained in section 301(d) of that Act, subparagraph (3), subparagraph (4), contained in section 606 of that Act, and subparagraph (5), contained in section 703 of that Act, all were made part of the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph (b)(2) was amended in the 99th Congress by section 232 of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177) to remove reference to the first concurrent resolution on the budget. Before the House recodified its rules in the 106th Congress, subparagraph (6) was found in former clause 1(d)(5)(C) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 749. Oversight and Government Reform. (c)(1) The Committee on Oversight and Government Reform shall--
(A) receive and examine reports of the Comptroller General of the United States and submit to the House such recommendations as it considers necessary or desirable in connection with the subject matter of the reports; (B) evaluate the effects of laws enacted to reorganize the legislative and executive branches of the Government; and [[Page 496]] (C) study intergovernmental relationships between the United States and the States and municipalities and between the United States and international organizations of which the United States is a member. (2) In addition to its duties under subparagraph (1), the Committee on Oversight and Government Reform may at any time conduct investigations of any matter without regard to clause 1, 2, 3, or this clause conferring jurisdiction over the matter to another standing committee. The findings and recommendations of the committee in such an investigation shall be made available to any other standing committee having jurisdiction over the matter involved. Paragraph (c)(1) became effective January 2, 1947, as part of the Legislative Reorganization Act of 1946 (60 Stat. 812). Paragraph (c)(2) was made a function of the Committee effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph (c)(2) was amended in the 107th Congress to delete the requirement that committees include oversight findings and recommendations by the Committee on Government Reform in their reports as was required under the former clause 3(c)(4) of rule XIII (sec. 2(l), H. Res. 5, Jan. 3, 2001, p. 24). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Under section 2954 of title 5, United States Code, an executive agency, if so requested by this committee or any seven members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee.
Sec. 749a. Deposition authority. (3)(A) The Committee on Oversight and Government Reform may adopt a rule authorizing and regulating the taking of depositions by a member or counsel of the committee, including pursuant to subpoena under clause 2(m) of rule XI (which hereby is made applicable for such purpose).
(B) A rule adopted by the committee pursuant to this subparagraph-- [[Page 497]] person authorized by law to administer the same; (i) may provide that a deponent be directed to subscribe an oath or affirmation before a (ii) shall ensure that the minority members and staff of the committee are accorded equitable treatment with respect to notice of and a reasonable opportunity to participate in any proceeding conducted thereunder; and (iii) shall, unless waived by the deponent, require the attendance of a member of the committee. (C) Information secured pursuant to the authority described in subdivision (A) shall retain the character of discovery until offered for admission in evidence before the committee, at which time any proper objection shall be timely. This subparagraph was added in the 110th Congress (sec. 502, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). Subdivision (A)(iii) was added in the 112th Congress (sec. 2(e)(14), H. Res. 5, Jan. 5, 2011, p. _). Other committees have been granted such authority for specific investigations (Dec. 5, 2007, p. 32250; sec. 4(f), H. Res. 5, Jan. 6, 2009, p. 10; May 20, 2010, p. _).
Sec. 750. House Administration. (d)(1) The Committee on House Administration shall--
Sec. 752. Direction of officers. (A) provide policy direction for the Inspector General and oversight of the Clerk, Sergeant-at-Arms, Chief Administrative Officer, and Inspector General;
[Page 498]] (B) oversee the management of services provided to the House by the Architect of the Capitol, except those services that lie within the jurisdiction of the Committee on Transportation and Infrastructure under clause 1(r);
Sec. 753. Acceptance of gifts. (C) have the function of accepting on behalf of the House a gift, except as otherwise provided by law, if the gift does not involve a duty, burden, or condition, or is not made dependent on some future performance by the House;
(D) promulgate regulations to carry out subdivision (C); and (E) establish and maintain standards for making documents publicly available in electronic form by the House and its committees.
Sec. 754. Approval of certain settlements. (2) An employing office of the House may enter into a settlement of a complaint under the Congressional Accountability Act of 1995 that provides for the payment of funds only after receiving the joint approval of the chair and ranking minority member of the Committee on House Administration concerning the amount of such payment.
[[Page 499]] in the name of the Committee on House Administration to the Committee on House Oversight and (2) to reflect the abolishment of the Director of Non-legislative and Financial Services (sec. 201, H. Res. 6, Jan. 4, 1995, p. 463). Later in the 104th Congress the provision for the acceptance of gifts was added as paragraph (d)(3) (H. Res. 250, Nov. 16, 1995, p. 33434). In the 105th Congress paragraph (d) was redesignated as (d)(1), its former subparagraphs (1) through (3) were redesignated as (1)(A) through (1)(C), and a new paragraph (d)(2) was added to require approval by the committee for monetary settlements of certain employment claims (H. Res. 5, Jan. 7, 1997, p. 121). In the 111th Congress a new subparagraph (1)(B) was inserted regarding the Architect of the Capitol (and existing subparagraphs (1)(B) and (1)(C) were redesignated) (sec. 2(c), H. Res. 5, Jan. 6, 2009, p. 7). In the 112th Congress subparagraph (E) was added (sec. 2(c), H. Res. 5, Jan. 5, 2011, p. _). The 104th Congress also prohibited the establishment or continuation of any legislative service organization (as that term had been understood in the 103d Congress) and directed the Committee on House Oversight (now House Administration) to take such steps as were necessary to ensure an orderly termination and accounting for funds of any legislative service organization in existence on January 3, 1995 (sec. 222, H. Res. 6, Jan. 4, 1995, p. 469). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). The 107th Congress transferred the committee's responsibilities with respect to enrolled bills (formerly paragraph (d)(1)(A)) to the Clerk (clause 2(d)(2) of rule II) (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. 25). The duty of the committee to arrange for memorial services of Members was eliminated from the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Former paragraph (d)(3) required the committee to provide a committee scheduling service, which was provided through House Information Resources and was made mandatory on all committees and subcommittees in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113). The requirement was stricken altogether when two provisions were added by section 10 of the House Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. 9040) to ensure the orderly transfer of functions and entities from elected officers to the Director of Non-legislative and Financial Services and to provide for policy direction and oversight of certain administrative officials and elected officers. However, in the 107th Congress the House amended clause 4(d)(1) of rule X to remove the requirement that the committee provide policy direction to such officials and officers except the Inspector General (sec. 2(g), H. Res. 5, Jan. 3, 2001, p. 24). The Committee also provides policy review and oversight of the Chief Executive Officer for Visitor Services within the Office of the Architect of the Capitol (sec. 6701, P.L. 110-28). In the 104th Congress the rule was amended (1) to reflect the change [[Page 500]] tality of the Federal Government or of the government of the District of Columbia.
Sec. 755. Annual appropriations. (e)(1) Each standing committee shall, in its consideration of all public bills and public joint resolutions within its jurisdiction, ensure that appropriations for continuing programs and activities of the Federal Government and the government of the District of Columbia will be made annually to the maximum extent feasible and consistent with the nature, requirement, and objective of the programs and activities involved. In this subparagraph programs and activities of the Federal Government and the government of the District of Columbia includes programs and activities of any department, agency, establishment, wholly owned Government corporation, or instrumen-
(2) Each standing committee shall review from time to time each continuing program within its jurisdiction for which appropriations are not made annually to ascertain whether the program should be modified to provide for annual appropriations. Budget Act responsibilities The provisions of this paragraph derive from section 253(c) of the Legislative Reorganization Act of 1970 (84 Stat. 1140), and were made part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47).
756. Concurrent resolution on Budget. (f)(1) Each standing committee shall submit to the Committee on the Budget not later than six weeks after the submission of the budget by the President, or at such time as the Committee on the Budget may request--
(A) its views and estimates with respect to all matters to be set forth in the concurrent resolution on the budget for the ensuing fiscal year that are within its jurisdiction or functions; and (B) an estimate of the total amounts of new budget authority, and budget outlays resulting therefrom, to be provided or authorized in all bills and resolutions within its jurisdiction that it intends to be effective during that fiscal year. [[Page 501]] graph (1) shall include a specific recommendation, made after holding public hearings, as to the appropriate level of the public debt that should be set forth in the concurrent resolution on the budget. (2) The views and estimates submitted by the Committee on Ways and Means under subpara [[Page 502]] Election and membership of standing committees The requirements of paragraph (f)(1) were originally contained in section 301(c) of the Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974), and were incorporated into this rule effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The requirement of paragraph (f)(2) that the Committee on Ways and Means include a specific recommendation as to the appropriate level of the public debt in its views and estimates submitted to the Committee on the Budget was added in the 96th Congress by Public Law 96-78 (93 Stat. 589) and was originally intended to apply to concurrent resolutions on the budget for fiscal years beginning on or after October 1, 1980. However, in the 96th Congress the provisions of that public law amending the Rules of the House were made applicable to the third concurrent resolution on the budget for fiscal year 1980 as well as the first concurrent resolution on the budget for fiscal year 1981 (H. Res. 642, Apr. 23, 1980, pp. 8789-90). The deadline for submitting views and estimates to the Budget Committee has changed several times (Balanced Budget and Emergency Deficit Control Act of 1985, sec. 232(c), P.L. 99- 177; Budget Enforcement Act of 1997, sec. 10104, P.L. 105-33; H. Res. 5, 106th Cong., Jan. 6, 1999, p. 47). A former paragraph directing standing committees to submit reconciliation recommendations to the Committee on the Budget was deleted in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47), but committees are still required to submit such recommendations under section 310 of the Congressional Budget Act of 1974. Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Paragraph (f)(2) was amended in the 107th Congress to reflect the repeal of former rule XXIII (``Statutory Limit on Public Debt'') (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24), which was reinstated in the 108th Congress as rule XXVII (sec. 2(t), H. Res. 5, Jan. 7, 2003, p. 7), renumbered in the 110th Congress as rule XXVIII (sec. 301, P.L. 110-81), and repealed in the 112th Congress (sec. 2(d)(2), H. Res. 5, Jan. 5, 2011, p. _). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
757. Electing committees. 5. (a)(1) The standing committees specified in clause 1 shall be elected by the House within seven calendar days after the commencement of each Congress, from nominations submitted by the respective party caucus or conference. A resolution proposing to change the composition of a standing committee shall be privileged if offered by direction of the party caucus or conference concerned.
The old rule entrusting the appointment of committees to the Speaker was adopted in 1789 and amended in 1790 and in 1860 (IV, 4448-4476). Committees are now elected on resolutions offered from the floor (VIII, 2171) and it is in order to move the previous question on each resolution (VIII, 2174). The resolution is not divisible (clause 5 of rule XVI), and is privileged (VIII, 2179) if offered by direction of the respective party caucus (a requirement that was made part of the rules effective January 3, 1975, by the Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470)). That same resolution also eliminated the designations in the rules of the numbers of Members comprising the standing committees, thereby permitting the House to establish committee size by the numbers of Members elected to each committee pursuant to this paragraph. The role of the party caucuses in presenting privileged resolutions to the House electing Members to committees is discussed in detail in Deschler, ch. 17, Sec. 9. In the 99th Congress the requirement for election of standing committees within the first seven calendar days and the conferral of privileged status on resolutions from the party caucuses to change the composition of standing committees were added by section 227 of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6 of rule X (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 758. Budget, composition of. (2)(A) The Committee on the Budget shall be composed of members as follows:
[[Page 503]] Committee on Appropriations, five from the Committee on Ways and Means, and one from the Committee on Rules; (i) Members, Delegates, or the Resident Commissioner who are members of other standing committees, including five from the (ii) one Member designated by the elected leadership of the majority party; and (iii) one Member designated by the elected leadership of the minority party. (B) Except as permitted by subdivision (C), a member of the Committee on the Budget other than one described in subdivision (A)(ii) or (A)(iii) may not serve on the committee during more than four Congresses in a period of six successive Congresses (disregarding for this purpose any service for less than a full session in a Congress). (C) A Member, Delegate, or Resident Commissioner may exceed the limitation of subdivision (B) if elected to serve a second consecutive Congress as the chair or a second consecutive Congress as the ranking minority member. [[Page 504]] in the 102d Congress to extend the waiver of the tenure restriction for the ranking minority member of the committee (H. Res. 5, Jan. 3, 1991, p. 39), but in the 103d Congress that provision was stricken as obsolete (H. Res. 5, Jan. 5, 1993, p. 49). In the 104th Congress the limitation on a Member's service on the committee was relaxed to four Congresses (from three) in any period of six successive Congresses, with the exception that a Member who has served as chair or as ranking minority member during a fourth such Congress may serve in either capacity during a fifth, so long as not thereby exceeding two consecutive terms as chair or as ranking minority member (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). The tenure limitation of clause 5(a)(2)(B) was suspended during the 106th Congress (sec. 2(b), H. Res. 5, Jan. 6, 1999, p. 47). The special tenure limitation for the chair and ranking minority member was replaced in the 108th Congress with a provision subjecting the chair only to the overall tenure limitation that applies to all standing committee chairs (sec. 2(e-1), H. Res. 5, Jan. 7, 2003, p. 7). This provision was replaced in the 111th Congress with an exception to the tenure limitation for the second consecutive Congress in which a chair or ranking minority member serves (sec. 2(d), H. Res. 5, Jan. 6, 2009, p. 7). In the 109th Congress subdivisions (A)(ii) and (A)(iii) were amended to address a member designated by the elected leadership as opposed to a member of the elected leadership of each party, and a conforming change was made to subdivision (B) (sec. 2(c), H. Res. 5, Jan. 4, 2005, p. 43). This paragraph (formerly clause 1(d) of rule X) was amended in the 96th Congress to relax the limitation on Members' service on the Budget Committee to three Congresses (from two) in any period of five successive Congresses, to exempt representatives from the party leaderships from the limitation, and to permit an incumbent chair who had served on the committee for three Congresses and as chair for not more than one Congress to be eligible for reelection as chair for one additional Congress (H. Res. 5, Jan. 15, 1979, p. 8). It was again amended in the 100th Congress to eliminate as obsolete the words ``beginning after 1974'' following ``any period of five successive Congresses'' as a measure of permissible terms of service on the committee (H. Res. 5, Jan. 6, 1987, p. 6). It was further amended in the 101st Congress to permit, in that Congress only, a minority Member who had served on the committee for three terms to run within the party's caucus for the position of ranking minority member and thus be able to serve on the committee for one additional Congress, and to permit a Member elected as ranking minority member during a third term on the committee to serve one additional term on the committee as the ranking minority member (H. Res. 5, Jan. 3, 1989, p. 72). It was again amended In the 94th Congress the membership of the committee was increased to 25 (from 23), with 13 (rather than 11) members elected from committees other than Appropriations and Ways and Means (H. Res. 5, Jan. 14, 1975, p. 20). The membership was increased again in the 97th Congress to 30, with 28 from other standing committees and two from the respective leaderships (H. Res. 5, Jan. 5, 1981, pp. 98-113), and again in the 98th Congress to 31 (unanimous-consent order, Feb. 7, 1983, p. 1791). In the 99th Congress, the House amended this paragraph to remove any numerical limitation on the membership of the committee (H. Res. 7, Jan. 3, 1985, p. 393). In the 108th Congress the composition of the committee was changed to require inclusion of one member from the Committee on Rules (sec. 2(e), H. Res. 5, Jan. 7, 2003, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 1(d) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 759. Committee on Ethics. (3)(A) The Committee on Ethics shall be composed of 10 members, five from the majority party and five from the minority party.
[[Page 505]] serve on the committee during more than three Congresses in a period of five successive Congresses (disregarding for this purpose any service for less than a full session in a Congress). (B) Except as permitted by subdivision (C), a member of the Committee on Ethics may not (C) A member of the Committee on Ethics may serve on the committee during a fourth Congress in a period of five successive Congresses only as either the chair or the ranking minority member of the committee. (4)(A) At the beginning of a Congress, the Speaker or a designee and the Minority Leader or a designee each shall name 10 Members, Delegates, or the Resident Commissioner from the respective party of such individual who are not members of the Committee on Ethics to be available to serve on investigative subcommittees of that committee during that Congress. The lists of Members, Delegates, or the Resident Commissioner so named shall be announced to the House. (B) Whenever the chair and the ranking minority member of the Committee on Ethics jointly determine that Members, Delegates, or the Resident Commissioner named under subdivision (A) should be assigned to serve on an investigative subcommittee of that committee, each of them shall select an equal number of such Members, Delegates, or Resident Commissioner from the respective party of such individual to serve on that subcommittee. [[Page 506]] the first sentence of subparagraph (3)(A) (formerly clause 6(a)(2)) (H. Res. 988, Oct. 8, 1974, p. 34470). The Ethics Reform Act of 1989 added a sentence to limit service on the committee (P.L. 101-194, Nov. 30, 1989), which was amended in the 105th and 106th Congresses (sec. 2, H. Res. 168, Sept. 18, 1997, p. 19336; H. Res. 5, Jan. 6, 1999, p. 47). A requirement that two members from each party rotate off the committee was adopted in the 105th Congress (sec. 2, H. Res. 168, Sept. 18, 1997, p. 19336), but was deleted in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (4) (formerly clause 6(a)(3)) was adopted in the 105th Congress (sec. 1, H. Res. 168, Sept. 18, 1997, p. 19335). The 106th Congress formally reduced the size of the committee to 10 members, which was the de facto size of the committee in the 105th Congress even though the Ethics Reform Act of 1989 required each party caucus to nominate seven Members (sec. 803(b), P.L. 101-194, Nov. 30, 1989; H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). This subparagraph was amended in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6(a) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). Before the 93d Congress, the rule that established the size of the Committee on Ethics (formerly Standards of Official Conduct) at 12 members also required that its membership be equally divided between the parties. Effective in the 93d Congress, the ratio of the committee was codified in [[Page 507]] each affected committee that the election of such Member, Delegate, or Resident Commissioner to the committee is automatically vacated under this subparagraph.
Sec. 760. Party membership as basis for election. (b)(1) Membership on a standing committee during the course of a Congress shall be contingent on continuing membership in the party caucus or conference that nominated the Member, Delegate, or Resident Commissioner concerned for election to such committee. Should a Member, Delegate, or Resident Commissioner cease to be a member of a particular party caucus or conference, that Member, Delegate, or Resident Commissioner shall automatically cease to be a member of each standing committee to which elected on the basis of nomination by that caucus or conference. The chair of the relevant party caucus or conference shall notify the Speaker whenever a Member, Delegate, or Resident Commissioner ceases to be a member of that caucus or conference. The Speaker shall notify the chair of
(2)(A) Except as specified in subdivision (B), a Member, Delegate, or Resident Commissioner may not serve simultaneously as a member of more than two standing committees or more than four subcommittees of the standing committees. (B)(i) Ex officio service by a chair or ranking minority member of a committee on each of its subcommittees under a committee rule does not count against the limitation on subcommittee service. (ii) Service on an investigative subcommittee of the Committee on Ethics under paragraph (a)(4) does not count against the limitation on subcommittee service. (iii) Any other exception to the limitations in subdivision (A) may be approved by the House on the recommendation of the relevant party caucus or conference. (C) In this subparagraph the term ``subcommittee'' includes a panel (other than a special oversight panel of the Committee on Armed Services), task force, special subcommittee, or other subunit of a standing committee that is established for a cumulative period longer than six months in a Congress. [[Page 508]] Congress (H. Res. 5, Jan. 3, 1983, p. 34). The limitation on full committee and subcommittee assignments was added in the 104th Congress (sec. 204, H. Res. 6, Jan. 4, 1995, p. 467; see H. Res. 11, Jan. 4, 1995, p. 549). The exception for special service on an investigative subcommittee of the Committee on Ethics (formerly Standards of Official Conduct) from the limitation on subcommittee service was added in the 105th Congress (sec. 1, H. Res. 168, Sept. 18, 1997, p. 19335). A technical correction was effected in the 106th and 112th Congresses to conform references to a renamed committee (H. Res. 5, Jan. 6, 1999, p. 47; H. Res. 5, Jan. 5, 2011, p. _). A technical correction to paragraph (b)(2)(B)(iii) was effected in the 109th Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005, p. 44). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The requirement that membership on standing committees be contingent on continuing membership in a party caucus or conference, along with the mechanism for the automatic vacating of a Member's election to committee should party relationship cease, was added to the rules in the 98th The Speaker lays before the House communications relative to the removal of a Member from committee pursuant to this clause (see, e.g., Sept. 11, 1984, p. 24790; Feb. 22, 1989, p. 2500; May 10, 1995, p. 12396; July 19, 1999, p. 16586; Feb. 1, 2000, p. 401; Sept. 13, 2000, p. 17832). The Speaker also lays before the House a communication from a Member announcing a change in party affiliation (Sept. 13, 2000, p. 17832). On one occasion there was a delay in laying the latter communication before the House, and the House by unanimous consent retroactively changed informational voting records from the date on the communication (Sept. 13, 2000, p. 17832). Instance where a Member submitted his resignation from a committee on grounds of disqualifying personal interest (VIII, 3074). The earlier practice was for the minority party to handle committee assignments for third-party Members (VIII, 2184-2185). On some occasions, the majority party takes that responsibility by separate resolution (see, e.g., H. Res. 45, Jan. 24, 1991, p. 2171). [[Page 509]]
Sec. 761. Committee chairs. (c)(1) One of the members of each standing committee shall be elected by the House, on the nomination of the majority party caucus or conference, as chair thereof. In the absence of the member serving as chair, the member next in rank (and so on, as often as the case shall happen) shall act as chair. Rank shall be determined by the order members are named in resolutions electing them to the committee. In the case of a vacancy in the elected chair of a committee, the House shall elect another chair.
(2) Except in the case of the Committee on Rules, a member of a standing committee may not serve as chair of the same standing committee, or of the same subcommittee of a standing committee, during more than three consecutive Congresses (disregarding for this purpose any service for less than a full session in a Congress). The requirement that nominations for chairs be submitted by the majority party caucus was made part of the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). A provision addressing temporary and permanent vacancies in chairs was adopted on April 5, 1911 (VIII, 2201), and was continued in the Legislative Reorganization Act of 1946 (60 Stat. 812), but the 111th Congress deleted such references when clarifying the devolution of authority in case of absence or vacancy (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9). The 104th Congress adopted a limitation on terms for committee and subcommittee chairs (sec. 103(b), H. Res. 6, Jan. 4, 1995, p. 462). The 109th Congress excepted the Committee on Rules from that limitation (sec. 2(c), H. Res. 5, Jan. 4, 2005, p. 43). The 111th Congress repealed the limitation (sec. 2(d), H. Res. 5, Jan. 6, 2009, p. 7) and the 112th Congress restored it (sec. 2(e)(12), H. Res. 5, Jan. 5, 2011, p. _). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6(c) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 510]] In the 102d Congress a resolution included as a matter properly incidental to its election of the chair of a standing committee a proviso that his powers and duties be exercised by the vice chair until otherwise ordered by the House (H. Res. 43, Jan. 24, 1991, p. 2169; Feb. 6, 1991, p. 3198). In the 103d Congress a privileged resolution, offered at the direction of the Democratic Caucus, authorized a named acting chair to exercise the powers and duties of a chair of a standing committee until otherwise ordered by the House (H. Res. 396, Mar. 23, 1994, p. 6093). Upon the resignation of a chair, the acting chair assumes that role without further action of the House (Mar. 3, 2010, p. _). The Chair has refused to respond to a parliamentary inquiry seeking hypothetical guidance on how a Member, having resigned as chair of a committee, could be reinstated in that role (Mar. 3, 2010, p. _). A Member may resign the role of acting chair (Mar. 4, 2010, p. _), in which case the member third in rank assumes the role of acting chair (Mar. 4, 2010, p. _).
Sec. 762. Requirement for subcommittees. (d)(1) Except as permitted by subparagraph (2), a committee may have not more than five subcommittees.
(2) A committee that maintains a subcommittee on oversight may have not more than six subcommittees. The Committee on Appropriations may have not more than 13 subcommittees. The Committee on Oversight and Government Reform may have not more than seven subcommittees. This paragraph was adopted in the 104th Congress (sec. 101(b), H. Res. 6, Jan. 4, 1995, p. 462), replacing a requirement that all standing committees having more than 20 members (except the Committee on the Budget) establish at least four subcommittees (H. Res. 5, Jan. 14, 1975, p. 20). In the 106th Congress the paragraph was amended to delete the Committee on Transportation and Infrastructure from the list of exceptions to the general rule and to add a new exception for committees that maintain a subcommittee on oversight (H. Res. 5, Jan. 6, 1999, p. 47). In the 110th Congress it was amended to reflect a change in the name of a committee (sec. 215(e), H. Res. 6, Jan. 4, 2007, p. 19). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6(d) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 511]] Jan. 4, 2005, p. 44; sec. 511(b), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); sec. 3(a)(1), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(k), H. Res. 5, Jan. 5, 2011, p. _; sec. 3(f), H. Res. 5, Jan. 3, 2013, p. _). In the 108th Congress the Committee on Appropriations reorganized its subcommittees to reflect the creation of the new Department on Homeland Security (P.L 107-296) by creating a new subcommittee on Homeland Security and combining the subcommittees on Transportation and Treasury, Postal Service and General Government. That committee reduced the number of its subcommittees to 10 in the 109th Congress, and increased it to 12 in the 110th Congress. Notwithstanding clause 5(d), the Committee on Oversight and Government Reform was permitted to have not more than eight subcommittees during the 106th and 107th Congresses (sec. 2(d), H. Res. 5, Jan. 6, 1999, p. 47; sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26); the Committee on Foreign Affairs was permitted to have not more than six during the 107th and 108th Congresses and not more than seven during the 109th through 113th Congresses (sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26; sec. 3(b), H. Res. 5, Jan. 7, 2003, p. 11; sec. 3(b), H. Res. 5, Jan. 4, 2005, p. 44; sec. 511(b), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); sec. 3(b), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(k), H. Res. 5, Jan. 5, 2011, p. _; sec. 3(f), H. Res. 5, Jan. 3, 2013, p. _); the Committee on Transportation and Infrastructure was permitted to have not more than six during the 107th through 113th Congresses (sec. 3(c), H. Res. 5, Jan. 3, 2001, p. 26; sec. 3(b), H. Res. 5, Jan. 7, 2003, p. 11; sec. 3(b), H. Res. 5, Jan. 4, 2005, p. 44; sec. 511(b), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); sec. 3(b), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(k), H. Res. 5, Jan. 5, 2011, p. _; sec. 3(f), H. Res. 5, Jan. 3, 2013, p. _); and the Committee on Armed Services was permitted to have not more than six during the 108th and 109th Congresses and not more than seven during the 110th through 113th Congresses (sec. 3(b), H. Res. 5, Jan. 7, 2003, p. 11; sec. 3(b), H. Res. 5, (e) The House shall fill a vacancy on a standing committee by election on the nomination of the respective party caucus or conference. This paragraph was first adopted in the 62d Congress (VIII, 2178). At the beginning of the 80th Congress it was amended to prevent a Member from serving on more than one standing committee, except that Members elected to serve on the Committees on District of Columbia or Un- American Activities (renamed the Committee on Internal Security and jurisdiction redefined on Feb. 19, 1969, p. 3723) could be elected to serve on not more than two standing committees, and that Members of the majority party, serving on the Committee on Expenditures in the Executive Departments (changed to Committee on Government Operations July 3, 1952, p. 9217) or House Administration could be elected to serve on not more than two standing committees. This limitation was continued through the 80th, 81st, and part of the 82d Congresses until July 3, 1952 (p. 9217) when it was modified so that Members elected to serve on the Committees on the District of Columbia, Government Operations, Un- American Activities, or House Administration could be elected to serve on not more than two standing committees. It was restored to its original form by amendment on January 13, 1953 (p. 368) so that there was no limitation in House rules on the number of committees to which a Member may be elected until the 104th Congress added paragraph (b)(2) (see Sec. 760, supra). Party caucuses or conferences have also placed restrictions on committee assignments. The role of the respective party caucus or conference in making nominations to fill vacancies in standing committees was made part of the rule in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6(e) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 512]] designated by the party caucus as ``temporary'' (in order to avoid caucus limitations on committee assignments) (Feb. 5, 1991, p. 2814). Expense resolutions Form of resolution electing a Member to a committee and fixing rank thereon (Jan. 23, 1947, p. 536; H. Res. 157, May 25, 1995, p. 14424). The House by unanimous consent fixed the relative rank of two Members on a committee where an error had been made on the original appointment (Jan. 20, 1947, p. 481). The House has filled a vacancy on a standing committee (H. Res. 43, Jan. 24, 1991, p. 2169) with a Member subsequently
763. Primary expense resolution. 6. (a) Whenever a committee, commission, or other entity (other than the Committee on Appropriations) is granted authorization for the payment of its expenses (including staff salaries) for a Congress, such authorization initially shall be procured by one primary expense resolution reported by the Committee on House Administration. A primary expense resolution may include a reserve fund for unanticipated expenses of committees. An amount from such a reserve fund may be allocated to a committee only by the approval of the Committee on House Administration. A primary expense resolution reported to <> the House may not be considered in the House unless a printed report thereon was available on the previous calendar day. For the information of the House, such report shall--
(1) state the total amount of the funds to be provided to the committee, commission, or other entity under the primary expense resolution for all anticipated activities and programs of the committee, commission, or other entity; and [[Page 513]] estimates of the expenditures contemplated by the primary expense resolution. (2) to the extent practicable, contain such general statements regarding the estimated foreseeable expenditures for the respective anticipated activities and programs of the committee, commission, or other entity as may be appropriate to provide the House with basic
Sec. 765. Additional expense resolution. (b) After the date of adoption by the House of a primary expense resolution for a committee, commission, or other entity for a Congress, authorization for the payment of additional expenses (including staff salaries) in that Congress may be procured by one or more supplemental expense resolutions reported by the Committee on House Administration, as necessary. A supplemental expense resolution reported to the House may not be considered in the House unless a printed report thereon was available on the previous calendar day. For the information of the House, such report shall--
(1) state the total amount of additional funds to be provided to the committee, commission, or other entity under the supplemental expense resolution and the purposes for which those additional funds are available; and (2) state the reasons for the failure to procure the additional funds for the committee, commission, or other entity by means of the primary expense resolution. (c) The preceding provisions of this clause do not apply to-- [[Page 514]] other expenses of, a committee, commission, or other entity at any time after the beginning of an odd-numbered year and before the date of adoption by the House of the primary expense resolution described in paragraph (a) for that year; or
Sec. 766. Exception for certain initial funding. (1) a resolution providing for the payment from committee salary and expense accounts of the House of sums necessary to pay compensation for staff services performed for, or to pay
(2) a resolution providing each of the standing committees in a Congress additional office equipment, airmail and special-delivery postage stamps, supplies, staff personnel, or any other specific item for the operation of the standing committees, and containing an authorization for the payment from committee salary and expense accounts of the House of the expenses of any of the foregoing items provided by that resolution, subject to and until enactment of the provisions of the resolution as permanent law. [[Page 515]] Paragraphs (a)-(c) of this clause were contained originally in section 110(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and were added to the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the authority of all committees to incur expenses, including travel expenses, was made contingent upon adoption by the House of resolutions reported pursuant to this clause (clause 1(b) of rule XI). The clause was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to extend its applicability to all committees, commissions, and entities rather than just to standing committees. Paragraphs (a)-(c) were amended in the 104th Congress to institute biennial funding of committee expenses and to require that all committee staff salaries and expenses (including statutory staff) be authorized by expense resolution (sec. 101(c), H. Res. 6, Jan. 4, 1995, p. 462). In the 105th Congress paragraph (a) was amended to permit a primary expense resolution to include a reserve fund for unanticipated expenses of committees (H. Res. 5, Jan. 7, 1997, p. 121). A technical correction to paragraphs (a) and (b) was effected in the 106th Congress to conform references to a renamed committee (H. Res. 5, Jan. 6, 1999, p. 47). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 5 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). The Committee on Appropriations is not covered by this clause, but is reimbursed by funds in appropriation acts for expenses of examinations of estimates of appropriations in the field (31 U.S.C. 1108). An exemption from this clause for the Committee on the Budget was effective from the enactment of the Congressional Budget Act of 1974 through the 103d Congress. Based on the exception stated in paragraph (c), a resolution establishing a task force of members of a standing committee and providing for the payment of its expenses from the contingent fund of the House (now referred to as ``applicable accounts of the House described in clause 1(k)(1) of rule X'') was held not to be subject to a point of order under clause 5(a) of rule XI (now clause 6(a) of this rule) for lack of report language detailing the funding provided, because the resolution was called up at the beginning of the session before consideration of a primary expense resolution for all committees for that calendar year (Feb. 5, 1992, p. 1621).
Sec. 767. Funds for committee staffs; expense resolutions. (d) From the funds made available for the appointment of committee staff by a primary or additional expense resolution, the chair of each committee shall ensure that sufficient staff is made available to each subcommittee to carry out its responsibilities under the rules of the committee and that the minority party is treated fairly in the appointment of such staff.
[[Page 516]] Paragraph (d) was adopted in the 104th Congress (sec. 101(c)(4), H. Res. 6, Jan. 4, 1995, p. 462). A preceding form of the paragraph, first adopted in the 94th Congress, authorized the chair and ranking minority member of a subcommittee each to appoint one staff member to the subcommittee (H. Res. 5, Jan. 14, 1975, p. 20). As adopted in the 93d Congress to take effect on the first day of the 94th Congress, the paragraph had required that each standing committee, upon request of a majority of its minority members, devote one-third of its staffing funds to the needs of the minority (H. Res. 988, Oct. 8, 1974, p. 34470). As adopted in the 92d Congress, the paragraph required that the minority be accorded fair consideration in the appointment of committee staff (H. Res. 5, Jan. 22, 1971, p. 144). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 5(d) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). (e) Funds authorized for a committee under this clause and clauses 7 and 8 are for expenses incurred in the activities of the committee. Interim funding Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(n)(1) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).
768. Interim funding. 7. (a) For the period beginning at noon on January 3 and ending at midnight on March 31 in each odd- numbered year, such sums as may be necessary shall be paid out of the committee salary and expense accounts of the House for continuance of necessary investigations and studies by--
(1) each standing and select committee established by these rules; and (2) except as specified in paragraph (b), each select committee established by resolution. (b) In the case of the first session of a Congress, amounts shall be made available for a select committee established by resolution in the preceding Congress only if-- (1) a resolution proposing to reestablish such select committee is introduced in the present Congress; and (2) the House has not adopted a resolution of the preceding Congress providing for termination of funding for investigations and studies by such select committee. [[Page 517]] the Committee on House Administration) of the total annualized amount made available under expense resolutions for such committee in the preceding session of Congress. (c) Each committee described in paragraph (a) shall be entitled for each month during the period specified in paragraph (a) to 9 percent (or such lesser percentage as may be determined by (d) Payments under this clause shall be made on vouchers authorized by the committee involved, signed by the chair of the committee, except as provided in paragraph (e), and approved by the Committee on House Administration. (e) Notwithstanding any provision of law, rule of the House, or other authority, from noon on January 3 of the first session of a Congress until the election by the House of the committee concerned in that Congress, payments under this clause shall be made on vouchers signed by the ranking member of the committee as it was constituted at the expiration of the preceding Congress who is a member of the majority party in the present Congress. (f)(1) The authority of a committee to incur expenses under this clause shall expire upon adoption by the House of a primary expense resolution for the committee. (2) Amounts made available under this clause shall be expended in accordance with regulations prescribed by the Committee on House Administration. [[Page 518]] (3) This clause shall be effective only insofar as it is not inconsistent with a resolution reported by the Committee on House Administration and adopted by the House after the adoption of these rules. This clause (formerly clause 5(f) of rule XI) was originally adopted in the 99th Congress to provide automatic interim funding for committees at the beginning of a Congress (H. Res. 7, Jan. 3, 1985, p. 393). Resolutions providing such interim funding had been routinely adopted at the convening of Congress before the adoption of this standing authority. In the 100th Congress, the provision was amended to make the automatic committee funding mechanism applicable to the first three months of the second session of a Congress, as well as the first session, and to authorize the Committee on House Administration to establish interim funding for any committee at a percentage lower than 9 percent of the total annualized amount (H. Res. 5, Jan. 6, 1987, p. 6). In the 104th and 106th Congresses technical corrections were effected to conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. 47). Clerical corrections were effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 24). Paragraph (e) was simplified and a gender-based reference was eliminated in the 111th Congress (secs. 2(l), 2(m), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 5(f) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). Travel At its organization the 104th Congress suspended the operation of paragraph (f) in favor of special provisions for interim funding in light of its abolishment of three standing committees, its reduction in the overall number of committee staff, and its institution of biennial primary expense resolutions (sec. 101(c)(3), H. Res. 6, Jan. 4, 1995, p. 462). The House by unanimous consent has agreed to a resolution providing funding for interim expenses of a new select committee (Feb. 13, 2003, p. 3793) and a new standing committee (Jan. 4, 2005, p. 71). [[Page 519]]
769. Committee travel. 8. (a) Local currencies owned by the United States shall be made available to the committee and its employees engaged in carrying out their official duties outside the United States or its territories or possessions. Appropriated funds, including those authorized under this clause and clause 6, may not be expended for the purpose of defraying expenses of members of a committee or its employees in a country where local currencies are available for this purpose.
(b) The following conditions shall apply with respect to travel outside the United States or its territories or possessions: (1) A member or employee of a committee may not receive or expend local currencies for subsistence in a country for a day at a rate in excess of the maximum per diem set forth in applicable Federal law. (2) A member or employee shall be reimbursed for the expenses of such individual for a day at the lesser of-- (A) the per diem set forth in applicable Federal law; or (B) the actual, unreimbursed expenses (other than for transportation) incurred during that day.
Sec. 770. Travel reports. (3) Each member or employee of a committee shall make to the chair of the committee an itemized report showing the dates each country was visited, the amount of per diem furnished, the cost of transportation furnished, and funds expended for any other official purpose and shall summarize in these categories the total foreign currencies or appropriated funds expended. Each report shall be filed with the chair of the committee not later than 60 days following the completion of travel for use in complying with reporting requirements in applicable Federal law and shall be open for public inspection.
[[Page 520]] ber or employee of a committee may not receive reimbursement for expenses (other than for transportation) in excess of the maximum per diem set forth in applicable Federal law. (c)(1) In carrying out the activities of a committee outside the United States in a country where local currencies are unavailable, a mem (2) A member or employee shall be reimbursed for the expenses of such individual for a day, at the lesser of-- (A) the per diem set forth in applicable Federal law; or (B) the actual unreimbursed expenses (other than for transportation) incurred during that day. (3) A member or employee of a committee may not receive reimbursement for the cost of any transportation in connection with travel outside the United States unless the member or employee actually paid for the transportation. (d) The restrictions respecting travel outside the United States set forth in paragraph (c) also shall apply to travel outside the United States by a Member, Delegate, Resident Commissioner, officer, or employee of the House authorized under any standing rule. [[Page 521]] all travel expenses to the maximum per diem rate or actual, unreimbursed expenses, whichever is less. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(n) of rule XI, except that the ``lame duck'' travel prohibitions formerly found in clause 2(n)(5) of rule XI and clause 8 of rule I were transferred to former rule XXV (redesignated as rule XXIV in the 107th Congress) (H. Res. 5, Jan. 6, 1999, p. 47). Clerical corrections were effected and gender-based references were eliminated in the 111th Congress (secs. 2(l), 2(m), H. Res. 5, Jan. 6, 2009, p. 7). Before the adoption of this clause (formerly clause 2(n) of rule XI) and of clause 1(b) of rule XI under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), each committee was given separate authority to incur expenses in connection with its investigations and studies, and certain committees were authorized to use local currencies for foreign committee travel, in resolutions reported from the Committee on Rules in each Congress. This clause was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to clarify the availability of local currencies for travel outside the United States and its territories and possessions, to require reports within 60 days for use in complying with statutory reporting requirements, and to authorize the Committee on House Administration to recommend in expense resolutions expenses for foreign as well as domestic travel. This clause was further amended on March 2, 1977 (H. Res. 287, 95th Cong., pp. 5933-53) to limit Committee staffs Under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)), foreign local currencies owned or purchased by the United States may be used for foreign travel expenses by members or employees of standing or select committees when authorized by the chair thereof, and by other Members or employees when authorized by the Speaker. Consolidated committee reports prepared on a quarterly basis, and individual reports required within 30 days after the travel involved, must be forwarded to the Clerk of the House and published in the Congressional Record.
771. Thirty professional staff. 9. (a)(1) Subject to subparagraph (2) and paragraph (f), each standing committee may appoint, by majority vote, not more than 30 professional staff members to be compensated from the funds provided for the appointment of committee staff by primary and additional expense resolutions. Each professional staff <> member appointed under this subparagraph shall be assigned to the chair and the ranking minority member of the committee, as the committee considers advisable.
[[Page 522]] this clause, whichever is fewer) may be selected, by majority vote of the minority party members, for appointment by the committee as professional staff members under subparagraph (1). The committee shall appoint persons so selected whose character and qualifications are acceptable to a majority of the committee. If the committee determines that the character and qualifications of a person so selected are unacceptable, a majority of the minority party members may select another person for appointment by the committee to the professional staff until such appointment is made. Each professional staff member appointed under this subparagraph shall be assigned to such committee business as the minority party members of the committee consider advisable.
Sec. 773. Minority. (2) Subject to paragraph (f) whenever a majority of the minority party members of a standing committee (other than the Committee on Ethics or the Permanent Select Committee on Intelligence) so request, not more than 10 persons (or one-third of the total professional committee staff appointed under
[[Page 523]] tional expense resolution was eliminated in the 104th Congress (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). The 98th Congress added the Permanent Select Committee on Intelligence to the exception for the Committee on Ethics (formerly Standards of Official Conduct) (H. Res. 58, Mar. 1, 1983, p. 3241). The 101st Congress added an exemption for the Committee on Rules (H. Res. 5, Jan. 3, 1989, p. 72). The Ethics Reform Act of 1989 struck the antidiscrimination provisions as redundant (P.L. 101-194, Nov. 30, 1989). The 104th Congress eliminated the former distinction between professional and clerical staff, set the authorized maximum for committee staff under expense resolutions at 30, eliminated subcommittee entitlement to staff, and set the entitlement of the full committee minority within that number at one-third (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). The 104th Congress also mandated that the total number of staff of House committees be at least one-third less than the corresponding total in the 103d Congress (sec. 101(a), H. Res. 6, Jan. 4, 1995, p. 462). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Subparagraph (2) was amended in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). This clause (formerly clause 6 of rule XI) had its origins in section 202 of the Legislative Reorganization Act of 1946 (60 Stat. 812), which allocated up to four nonpartisan professionals to each committee other than Appropriations and specifically provided for clerical staff, and which was incorporated into the rules on January 3, 1953 (p. 24). Section 302(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140), which increased the authorized maximum for professional staff from four to six and added the concept of minority staffing, was incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 93d Congress the maximum was increased from six to 18, the minority entitlement within that number was increased from two to six, a requirement that professional staff be appointed without regard to political affiliation was eliminated, and prohibitions against consideration of race, creed, sex, or age in the appointment of staff were added (H. Res. 988, Oct. 8, 1974, p. 34470). An exemption for the Committee on the Budget was included in section 901 of the Congressional Budget Act of 1974 (88 Stat. 330), was later omitted under the Committee Reform Amendments of 1974 (H. Res. 988, Oct. 8, 1974, p. 34470), and was reinserted by the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). The requirement added in 1975 that staff positions made available to subcommittee chairs and ranking minority members pursuant to former provisions of clause 5 of rule XI be provided from staff positions available under this clause unless provided in a primary or addi Additional staff of committees are authorized by the Committee on House Administration and agreed to by the House. There is no legal power to fill a vacancy in the clerkship of a committee after one Congress has expired and before the next House has been organized (IV, 4539). An assault upon the clerk of a committee within the walls of the Capitol was held to be a breach of privilege (II, 1629). The pay of clerks has been the subject of several decisions (IV, 4536-4538).
Sec. 774. Consultants and training. Committees may, with the approval of the Committee on House Administration, procure the temporary or intermittent services of consultants and obtain specialized training for professional staff, subject to expense resolutions, under the Legislative Reorganization Act of 1970, sections 303 and 304 (2 U.S.C. 72a(i) and (j)).
Sec. 775. Staff duties. (b)(1) The professional staff members of each standing committee--
(A) may not engage in any work other than committee business during congressional working hours; and [[Page 524]] (B) may not be assigned a duty other than one pertaining to committee business.
Sec. 776. ``Associate'' or ``shared'' staff. (2)(A) Subparagraph (1) does not apply to staff designated by a committee as ``associate'' or ``shared'' staff who are not paid exclusively by the committee, provided that the chair certifies that the compensation paid by the committee for any such staff is commensurate with the work performed for the committee in accordance with clause 8 of rule XXIII.
(B) The use of any ``associate'' or ``shared'' staff by a committee other than the Committee on Appropriations shall be subject to the review of, and to any terms, conditions, or limitations established by, the Committee on House Administration in connection with the reporting of any primary or additional expense resolution. The Ethics Reform Act of 1989 prescribed that staff work be confined to committee business during congressional working hours but maintained exceptions for the Committees on the Budget and Rules (P.L. 101-194, Nov. 30, 1989). The 104th Congress eliminated exceptions by committee in favor of exceptions for ``associate'' or ``shared'' staff (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). Technical corrections were effected in the 104th Congress (H. Res. 254, Nov. 30, 1995, p. 35077); in the 106th Congress, which conformed references to a renamed committee (H. Res. 5, Jan. 6, 1999, p. 47); in the 107th Congress, which conformed references to a redesignated rule (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24); and in the 108th Congress, which confined the exception for the Committee on Appropriations to subparagraph (B), rather than to the entire paragraph (sec. 2(f), H. Res. 5, Jan. 7, 2003, p. 7). A gender- based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 525]] rate of pay as in effect from time to time under applicable provisions of law.
Sec. 777. Pay. (c) Each employee on the professional or investigative staff of a standing committee shall be entitled to pay at a single gross per annum rate, to be fixed by the chair and that does not exceed the maximum
This provision (formerly clause 6(c) of rule XI) was derived from section 477(c) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the maximum salary was set at level V of the Executive Schedule, rather than at the highest rate of basic pay law (5 U.S.C. 5332(a)(1)), as specified in the 1970 Reorganization Act, and effective in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the authority for two professional staff to be paid at level IV of the Executive Schedule was added to the clause. Under section 311 of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 60a-2a), the maximum salary for staff members is now set by pay order of the Speaker. At the beginning of the 101st Congress, references to particular levels of the executive schedule were deleted (H. Res. 5, Jan. 3, 1989, p. 72). In the 104th Congress this paragraph was amended to reflect the elimination of the former distinction between ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 778. Staff, Committee on Appropriations. (d) Subject to appropriations hereby authorized, the Committee on Appropriations may appoint by majority vote such staff as it determines to be necessary (in addition to the clerk of the committee and assistants for the minority). The staff appointed under this paragraph, other than minority assistants, shall possess such qualifications as the committee may prescribe.
[[Page 526]] the House recodified its rules in the 106th Congress, this provision was found in former clause 6(d) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). This paragraph (formerly clause 6(d) of rule XI) derives from section 202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812), which was incorporated into the rules on January 3, 1953 (p. 24). The exemption was extended to the Committee on the Budget by section 901 of the Congressional Budget Act of 1974 (88 Stat. 330). The reference to that committee was inadvertently omitted by the 93d Congress (H. Res. 988, Oct. 8, 1974, p. 34470) and reinserted by the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). The 104th Congress deleted the exemption for the Committee on the Budget (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). Before
Sec. 779. Detailed employees. (e) A committee may not appoint to its staff an expert or other personnel detailed or assigned from a department or agency of the Government except with the written permission of the Committee on House Administration.
This paragraph was contained in section 202(f) of the Legislative Reorganization Act of 1946 (60 Stat. 812) and was incorporated into the rules on January 3, 1953 (p. 24). In the 104th and 106th Congresses it was amended to conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. 47). [[Page 527]] (f) If a request for the appointment of a minority professional staff member under paragraph (a) is made when no vacancy exists for such an appointment, the committee nevertheless may appoint under paragraph (a) a person selected by the minority and acceptable to the committee. A person so appointed shall serve as an additional member of the professional staff of the committee until such a vacancy occurs (other than a vacancy in the position of head of the professional staff, by whatever title designated), at which time that person is considered as appointed to that vacancy. Such a person shall be paid from the applicable accounts of the House described in clause 1(k)(1) of rule X. If such a vacancy occurs on the professional staff when seven or more persons have been so appointed who are eligible to fill that vacancy, a majority of the minority party members shall designate which of those persons shall fill the vacancy. (g) Each staff member appointed pursuant to a request by minority party members under paragraph (a), and each staff member appointed to assist minority members of a committee pursuant to an expense resolution described in clause 6(a), shall be accorded equitable treatment with respect to the fixing of the rate of pay, the assignment of work facilities, and the accessibility of committee records. (h) Paragraph (a) may not be construed to authorize the appointment of additional professional staff members of a committee pursuant to a request under paragraph (a) by the minority party members of that committee if 10 or more professional staff members provided for in paragraph (a)(1) who are satisfactory to a majority of the minority party members are otherwise assigned to assist the minority party members. [[Page 528]] Paragraphs (f)-(h) (formerly clause 6(f)-(h) of rule XI) are derived from section 302(c) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and were incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), conforming changes were made in paragraphs (f) and (h) to reflect increased minority professional and clerical staff permitted to committees under paragraphs (a) and (b) of this clause. In the 104th Congress paragraphs (f)-(h) were amended to reflect the elimination of the former distinction between ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). The 104th Congress also mandated that the total number of staff of House committees be at least one-third less than the corresponding total in the 103d Congress (sec. 101(a), H. Res. 6, Jan. 4, 1995, p. 462). In the 105th Congress paragraph (f) was amended to update an archaic reference to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. 121). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). A clerical correction was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 24), and conforming changes to paragraph (f) were effected in the 109th and 112th Congresses (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _).
Sec. 780. Nonpartisan staff. (i) Notwithstanding paragraph (a)(2), a committee may employ nonpartisan staff, in lieu of or in addition to committee staff designated exclusively for the majority or minority party, by an affirmative vote of a majority of the members of the majority party and of a majority of the members of the minority party.
Section 202(a) of the Legislative Reorganization Act of 1946 (60 Stat. 812), which was incorporated into the rules on January 3, 1953 (p. 24), required committee professional staffs to be appointed on a permanent basis without regard to political affiliation. The concept of minority staffing was added by section 302(b) of the Legislative Reorganization Act of 1970. Under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), paragraph (i) (formerly clause 6(i) of rule XI) was added to permit committees to employ nonpartisan staff upon an affirmative vote of the majority of the members of each party. In the 104th Congress it was amended to reflect the elimination of the former distinction between ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6(i) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). Select and joint committees
Sec. 781. Former reports on staff. Effective in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), former clause 6(j) of rule XI, which was added on January 3, 1953 (p. 24) and which was contained in section 134(b) of the Legislative Reorganization Act of 1945, was deleted; that clause required committees to report semiannually to the Clerk on the names, professions, and salaries of committee employees.
[[Page 529]] cease to be a member of that caucus or conference, that Member, Delegate, or Resident Commissioner shall automatically cease to be a member of any select or joint committee to which assigned. The chair of the relevant party caucus or conference shall notify the Speaker whenever a Member, Delegate, or Resident Commissioner ceases to be a member of a party caucus or conference. The Speaker shall notify the chair of each affected select or joint committee that the appointment of such Member, Delegate, or Resident Commissioner to the select or joint committee is automatically vacated under this paragraph.
782. Party membership as basis for appointment. 10. (a) Membership on a select or joint committee appointed by the Speaker under clause 11 of rule I during the course of a Congress shall be contingent on continuing membership in the party caucus or conference of which the Member, Delegate, or Resident Commissioner concerned was a member at the time of appointment. Should a Member, Delegate, or Resident Commissioner
This party membership requirement for select and joint committees, analogous to clause 5(b), was added in the 98th Congress (H. Res. 5, 1983, Jan. 3, 1983, p. 34). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 6(g) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 783. Select and joint committee compliance. (b) Each select or joint committee, other than a conference committee, shall comply with clause 2(a) of rule XI unless specifically exempted by law.
Before the House recodified its rules in the 106th Congress, paragraph (b) was found in clause 2(a) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). The extension of clause 2(a) requirements to select and joint committees was added to clause 2(a) when that rule was rewritten by the Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). [[Page 530]] Permanent Select Committee on Intelligence
Sec. 784. Aging. A paragraph (i) of former clause 6 of rule X was incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), to provide for a permanent select committee on aging. That provision was stricken in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49).
785. Permanent Select Committee on Intelligence. 11. (a)(1) There is established a Permanent Select Committee on Intelligence (hereafter in this clause referred to as the ``select committee''). The select committee shall be composed of not more than 20 Members, Delegates, or the Resident Commissioner, of whom not more than 12 may be from the same party. The select committee shall include at least one Member, Delegate, or the Resident Commissioner from each of the following committees:
(A) the Committee on Appropriations; (B) the Committee on Armed Services; (C) the Committee on Foreign Affairs; and (D) the Committee on the Judiciary. (2) The Speaker and the Minority Leader shall be ex officio members of the select committee but shall have no vote in the select committee and may not be counted for purposes of determining a quorum thereof. (3) The Speaker and Minority Leader each may designate a respective leadership staff member to assist in the capacity of the Speaker or Minority Leader as ex officio member, with the same access to committee meetings, hearings, briefings, and materials as employees of the select committee and subject to the same security clearance and confidentiality requirements as employees of the select committee under this clause. [[Page 531]] other than the Speaker or the Minority Leader, may not serve as a member of the select committee during more than four Congresses in a period of six successive Congresses (disregarding for this purpose any service for less than a full session in a Congress). (4)(A) Except as permitted by subdivision (B), a Member, Delegate, or Resident Commissioner, (B) In the case of a Member, Delegate, or Resident Commissioner appointed to serve as the chair or the ranking minority member of the select committee, tenure on the select committee shall not be limited. (b)(1) There shall be referred to the select committee proposed legislation, messages, petitions, memorials, and other matters relating to the following: (A) The Central Intelligence Agency, the Director of National Intelligence, and the National Intelligence Program as defined in section 3(6) of the National Security Act of 1947. (B) Intelligence and intelligence-related activities of all other departments and agencies of the Government, including the tactical intelligence and intelligence-related activities of the Department of Defense. (C) The organization or reorganization of a department or agency of the Government to the extent that the organization or reorganization relates to a function or activity involving intelligence or intelligence-related activities. (D) Authorizations for appropriations, both direct and indirect, for the following: [[Page 532]] National Intelligence Program as defined in section 3(6) of the National Security Act of 1947. (i) The Central Intelligence Agency, the Director of National Intelligence, and the (ii) Intelligence and intelligence-related activities of all other departments and agencies of the Government, including the tactical intelligence and intelligence-related activities of the Department of Defense. (iii) A department, agency, subdivision, or program that is a successor to an agency or program named or referred to in (i) or (ii). (2) Proposed legislation initially reported by the select committee (other than provisions solely involving matters specified in subparagraph (1)(A) or subparagraph (1)(D)(i)) containing any matter otherwise within the jurisdiction of a standing committee shall be referred by the Speaker to that standing committee. Proposed legislation initially reported by another committee that contains matter within the jurisdiction of the select committee shall be referred by the Speaker to the select committee if requested by the chair of the select committee. (3) Nothing in this clause shall be construed as prohibiting or otherwise restricting the authority of any other committee to study and review an intelligence or intelligence-related activity to the extent that such activity directly affects a matter otherwise within the jurisdiction of that committee. [[Page 533]] and prompt access to the product of the intelligence and intelligence- related activities of a department or agency of the Government relevant to a matter otherwise within the jurisdiction of that committee. (4) Nothing in this clause shall be construed as amending, limiting, or otherwise changing the authority of a standing committee to obtain full (c)(1) For purposes of accountability to the House, the select committee shall make regular and periodic reports to the House on the nature and extent of the intelligence and intelligence-related activities of the various departments and agencies of the United States. The select committee shall promptly call to the attention of the House, or to any other appropriate committee, a matter requiring the attention of the House or another committee. In making such report, the select committee shall proceed in a manner consistent with paragraph (g) to protect national security. [[Page 534]] sons engaged in intelligence or intelligence-related activities for the United States or the divulging of intelligence methods employed or the sources of information on which the reports are based or the amount of funds authorized to be appropriated for intelligence and intelligence- related activities. (2) The select committee shall obtain annual reports from the Director of National Intelligence, the Director of the Central Intelligence Agency, the Secretary of Defense, the Secretary of State, and the Director of the Federal Bureau of Investigation. Such reports shall review the intelligence and intelligence-related activities of the agency or department concerned and the intelligence and intelligence- related activities of foreign countries directed at the United States or its interests. An unclassified version of each report may be made available to the public at the discretion of the select committee. Nothing herein shall be construed as requiring the public disclosure in such reports of the names of per (3) Within six weeks after the President submits a budget under section 1105(a) of title 31, United States Code, or at such time as the Committee on the Budget may request, the select committee shall submit to the Committee on the Budget the views and estimates described in section 301(d) of the Congressional Budget Act of 1974 regarding matters within the jurisdiction of the select committee. (d)(1) Except as specified in subparagraph (2), clauses 8(a), (b), and (c) and 9(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of rule XI shall apply to the select committee to the extent not inconsistent with this clause. (2) Notwithstanding the requirements of the first sentence of clause 2(g)(2) of rule XI, in the presence of the number of members required under the rules of the select committee for the purpose of taking testimony or receiving evidence, the select committee may vote to close a hearing whenever a majority of those present determines that the testimony or evidence would endanger the national security. [[Page 535]] committee, may not be given access to any classified information by the select committee unless such employee or person has-- (e) An employee of the select committee, or a person engaged by contract or otherwise to perform services for or at the request of the select (1) agreed in writing and under oath to be bound by the Rules of the House, including the jurisdiction of the Committee on Ethics and of the select committee concerning the security of classified information during and after the period of the employment or contractual agreement of such employee or person with the select committee; and (2) received an appropriate security clearance, as determined by the select committee in consultation with the Director of National Intelligence, that is commensurate with the sensitivity of the classified information to which such employee or person will be given access by the select committee. (f) The select committee shall formulate and carry out such rules and procedures as it considers necessary to prevent the disclosure, without the consent of each person concerned, of information in the possession of the select committee that unduly infringes on the privacy or that violates the constitutional rights of such person. Nothing herein shall be construed to prevent the select committee from publicly disclosing classified information in a case in which it determines that national interest in the disclosure of classified information clearly outweighs any infringement on the privacy of a person. [[Page 536]] termination by the select committee that the public interest would be served by such disclosure. With respect to the disclosure of information for which this paragraph requires action by the select committee-- (g)(1) The select committee may disclose publicly any information in its possession after a de (A) the select committee shall meet to vote on the matter within five days after a member of the select committee requests a vote; and (B) a member of the select committee may not make such a disclosure before a vote by the select committee on the matter, or after a vote by the select committee on the matter except in accordance with this paragraph. (2)(A) In a case in which the select committee votes to disclose publicly any information that has been classified under established security procedures, that has been submitted to it by the executive branch, and that the executive branch requests be kept secret, the select committee shall notify the President of such vote. [[Page 537]] (B) The select committee may disclose publicly such information after the expiration of a five-day period following the day on which notice of the vote to disclose is transmitted to the President unless, before the expiration of the five-day period, the President, personally in writing, notifies the select committee that the President objects to the disclosure of such information, provides reasons therefor, and certifies that the threat to the national interest of the United States posed by the disclosure is of such gravity that it outweighs any public interest in the disclosure. (C) If the President, personally in writing, notifies the select committee of objections to the disclosure of information as provided in subdivision (B), the select committee may, by majority vote, refer the question of the disclosure of such information, with a recommendation thereon, to the House. The select committee may not publicly disclose such information without leave of the House. (D) Whenever the select committee votes to refer the question of disclosure of any information to the House under subdivision (C), the chair shall, not later than the first day on which the House is in session following the day on which the vote occurs, report the matter to the House for its consideration. (E) If the chair of the select committee does not offer in the House a motion to consider in closed session a matter reported under subdivision (D) within four calendar days on which the House is in session after the recommendation described in subdivision (C) is reported, then such a motion shall be privileged when offered by a Member, Delegate, or Resident Commissioner. In either case such a motion shall be decided without debate or intervening motion except one that the House adjourn. [[Page 538]] sion, shall be, ``Shall the House approve the recommendation of the select committee?''. (F) Upon adoption by the House of a motion to resolve into closed session as described in subdivision (E), the Speaker may declare a recess subject to the call of the Chair. At the expiration of the recess, the pending question, in closed ses (G) Debate on the question described in subdivision (F) shall be limited to two hours equally divided and controlled by the chair and ranking minority member of the select committee. After such debate the previous question shall be considered as ordered on the question of approving the recommendation without intervening motion except one motion that the House adjourn. The House shall vote on the question in open session but without divulging the information with respect to which the vote is taken. If the recommendation of the select committee is not approved, then the question is considered as recommitted to the select committee for further recommendation. (3)(A) Information in the possession of the select committee relating to the lawful intelligence or intelligence-related activities of a department or agency of the United States that has been classified under established security procedures, and that the select committee has determined should not be disclosed under subparagraph (1) or (2), may not be made available to any person by a Member, Delegate, Resident Commissioner, officer, or employee of the House except as provided in subdivision (B). [[Page 539]] or Resident Commissioner to attend a hearing of the select committee that is closed to the public. Whenever the select committee makes such information available, it shall keep a written record showing, in the case of particular information, which committee or which Member, Delegate, or Resident Commissioner received the information. A Member, Delegate, or Resident Commissioner who, and a committee that, receives information under this subdivision may not disclose the information except in a closed session of the House. (B) The select committee shall, under such regulations as it may prescribe, make information described in subdivision (A) available to a committee or a Member, Delegate, or Resident Commissioner, and permit a Member, Delegate, (4) The Committee on Ethics shall investigate any unauthorized disclosure of intelligence or intelligence-related information by a Member, Delegate, Resident Commissioner, officer, or employee of the House in violation of subparagraph (3) and report to the House concerning any allegation that it finds to be substantiated. [[Page 540]] or expulsion from the House, in the case of a Member, or removal from office or employment or punishment for contempt, in the case of an officer or employee. (5) Upon the request of a person who is subject to an investigation described in subparagraph (4), the Committee on Ethics shall release to such person at the conclusion of its investigation a summary of its investigation, together with its findings. If, at the conclusion of its investigation, the Committee on Ethics determines that there has been a significant breach of confidentiality or unauthorized disclosure by a Member, Delegate, Resident Commissioner, officer, or employee of the House, it shall report its findings to the House and recommend appropriate action. Recommendations may include censure, removal from committee membership, (h) The select committee may permit a personal representative of the President, designated by the President to serve as a liaison to the select committee, to attend any closed meeting of the select committee. (i) Subject to the Rules of the House, funds may not be appropriated for a fiscal year, with the exception of a bill or joint resolution continuing appropriations, or an amendment thereto, or a conference report thereon, to, or for use of, a department or agency of the United States to carry out any of the following activities, unless the funds shall previously have been authorized by a bill or joint resolution passed by the House during the same or preceding fiscal year to carry out such activity for such fiscal year: (1) The activities of the Director of National Intelligence and the Office of the Director of National Intelligence. (2) The activities of the Central Intelligence Agency. (3) The activities of the Defense Intelligence Agency. (4) The activities of the National Security Agency. [[Page 541]] (5) The intelligence and intelligence-related activities of other agencies and subdivisions of the Department of Defense. (6) The intelligence and intelligence-related activities of the Department of State. (7) The intelligence and intelligence-related activities of the Federal Bureau of Investigation. (8) The intelligence and intelligence-related activities of all other departments and agencies of the executive branch. (j)(1) In this clause the term ``intelligence and intelligence-related activities'' includes-- (A) the collection, analysis, production, dissemination, or use of information that relates to a foreign country, or a government, political group, party, military force, movement, or other association in a foreign country, and that relates to the defense, foreign policy, national security, or related policies of the United States and other activity in support of the collection, analysis, production, dissemination, or use of such information; (B) activities taken to counter similar activities directed against the United States; (C) covert or clandestine activities affecting the relations of the United States with a foreign government, political group, party, military force, movement, or other association; [[Page 542]] instrumentality, or employee of the United States to pose, a threat to the internal security of the United States; and (D) the collection, analysis, production, dissemination, or use of information about activities of persons within the United States, its territories and possessions, or nationals of the United States abroad whose political and related activities pose, or may be considered by a department, agency, bureau, office, division, (E) covert or clandestine activities directed against persons described in subdivision (D). (2) In this clause the term ``department or agency'' includes any organization, committee, council, establishment, or office within the Federal Government. (3) For purposes of this clause, reference to a department, agency, bureau, or subdivision shall include a reference to any successor department, agency, bureau, or subdivision to the extent that a successor engages in intelligence or intelligence-related activities now conducted by the department, agency, bureau, or subdivision referred to in this clause. (k) Clause 12(a) of rule XXII does not apply to meetings of a conference committee respecting legislation (or any part thereof) reported by the Permanent Select Committee on Intelligence. [[Page 543]] of the panel to 16, with no more than nine members from the same party; to set the tenure limitation at four Congresses within a period of six Congresses, with exceptions for ongoing service as chair or ranking minority member; to make the Speaker (rather than the Majority Leader) an ex officio member of the panel (as opposed to former free access to its meetings and information); and to conform references to renamed committees (sec. 221, H. Res. 6, 104th Cong., Jan. 4, 1995, p. 469); (8) to make certain conforming changes (Budget Enforcement Act of 1997, sec. 10104, P.L. 105-33; H. Res. 5, Jan. 6, 1999, p. 47); (9) to increase the size of the committee to not more than 18 members, of whom not more than 10 shall be of the same political party (sec. 2(h), H. Res. 5, 107th Cong., Jan. 3, 2001, p. 25); (10) to make a clerical correction in a cross reference (sec. 2(x), H. Res. 5, 107th Cong., Jan. 3, 2001, p. 26); (11) to remove the tenure limitation for the chair and ranking minority member (sec. 2(e-1), H. Res. 5, 108th Cong., Jan. 7, 2003, p. 7); (12) to increase the size of the committee to not more than 21 members, of whom not more than 12 shall be of the same political party (H. Res. 51, 109th Cong., Jan. 26, 2005, p. 826); (13) to conform references to a renamed committee (sec. 213(c), H. Res. 6, Jan. 4, 2007, p. 19); (14) to conform jurisdictional statements to changes in the intelligence community (sec. 504, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)); (15) to eliminate gender-based references (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7); (16) to increase the size of the committee to not more than 22 members, of whom not more than 13 shall be of the same political party (H. Res. 97, 111th Cong., Jan. 28, 2009, p. 1946); (17) to conform references to a renamed committee and to reduce the size of the committee to not more than 20 members, of whom not more than 12 shall be of the same political party (secs. 2(e)(8), 2(e)(11), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XLVIII (H. Res. 5, Jan. 6, 1999, p. 47). By order of the House, the size of the committee was increased for the 107th Congress to not more than 20 members, of whom not more than 11 could be of the same political party (Jan. 6, 2001, p. 25), and for the 113th Congress to not more than 21 members (Feb. 13, 2013, p. _). The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) reorganized the intelligence community.
Sec. 786. Membership, administration, jurisdiction. This clause (formerly rule XLVIII) was adopted in the 95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49) and has had several technical amendments: (1) to change the size of the committee from 13 to 14 members (H. Res. 70, 96th Cong., Jan. 25, 1979, p. 1023); (2) to conform references to a renamed committee (H. Res. 89, 96th Cong., Feb. 5, 1979, p. 1848); (3) to change the size to not more than 16 members (H. Res. 33, 99th Cong., Jan. 30, 1985, p. 1271); (4) to change the size to not more than 17 members and to change the cross-reference in clause 7(c)(1) to include paragraph (a) or (b) (H. Res. 5, 100th Cong., Jan. 6, 1987, p. 6); (5) to change the size to not more than 19 members (H. Res. 5, 101st Cong., Jan. 3, 1989, p. 73) and to permit the Speaker to attend meetings and have access to information (H. Res. 268, Nov. 14, 1989, p. 28789); (6) to strike obsolete language relating to tenure restrictions in clause 1 and relating to the requirement for authorizations of appropriations in clause 9 (H. Res. 5, 102d Cong., Jan. 3, 1991, p. 39); (7) to limit the size
[[Page 544]] Res. 165, Mar. 29, 1979, p. 6820); (3) paragraph (d) (formerly clause 4) was amended to provide the committee with permanent professional and clerical staff as provided by former clauses 6(a) and (b) of rule XI (current clauses 9(a) and (b) of rule X) (H. Res. 58, Mar. 1, 1983, p. 3241); (4) paragraph (b)(1) (formerly clause 2(a)) was amended to clarify jurisdiction over the National Foreign Intelligence Program and the tactical intelligence and intelligence-related activities of the Department of Defense and paragraph (a)(3) (formerly clause 1(b)) was added to clarify staffing arrangements for the Speaker and the Minority Leader as ex officio members (sec. 221, H. Res. 6, Jan. 4, 1995, p. 469). More substantive amendments have been adopted as follows: (1) clause 4 was amended to make former clause 6(c) of rule XI (current clause 9(c) of rule X) applicable to salaries of the staff of the committee (H. Res. 5, Jan. 15, 1979, pp. 7-16); (2) paragraph (d) (formerly clause 4) was amended to make an exception to the provisions of clause 2(g)(2) of rule XI (requiring a majority of the membership of a committee be present in order to vote to close a hearing) to allow the committee to vote to go into executive session if a majority of the members present, there being in attendance the requisite number under the committee rules for the purpose of taking testimony, determine that it is necessary to do so for national security reasons (but in no event to be determined by less than two members) (H. The resolution creating the committee directed the committee to make a study with respect to intelligence and intelligence-related activities of the U.S. and to report thereon, together with appropriate recommendations, not later than the close of the 95th Congress (sec. 3, H. Res. 658; see H. Rept. 95-1795, Oct. 14, 1978), and transferred to the committee all records, files, documents, and other materials of the Select Committee on Intelligence of the 94th Congress in the possession, custody, or control of the Clerk of the House. The committee has shared jurisdiction with the Committee on the Judiciary over electronic surveillance of foreign intelligence (Nov. 4, 1977, p. 37070) and with the Committees on Science, Space, and Technology and Foreign Affairs over a bill establishing a satellite monitoring commission (Mar. 15, 1988, p. 3847), and has sole jurisdiction over a resolution of inquiry directing the Secretary of Defense to furnish to the House documents and information on Cuban or other foreign military or paramilitary presence in Panama or the Canal Zone (Apr. 6, 1978, p. 9105). Paragraph (g)(2) places restrictions on the committee only with respect to the public disclosure of classified information in the possession of that committee, and does not prevent the House from determining to release any matter properly presented to it in secret session pursuant to clause 9 of rule XVII (formerly rule XXIX) (Feb. 25, 1980, p. 3618). In the 107th Congress the committee was given oversight authority described in clause 3(m) of rule X (sec. 2(f), H. Res. 5, Jan. 3, 2001, p. 25). Rule XI In general procedures of committees and unfinished business [[Page 545]]
787. Committee procedure. 1. (a)(1)(A) The Rules of the House are the rules of its committees and subcommittees so far as applicable.
(B) Each subcommittee is a part of its committee and is subject to the authority and direction of that committee and to its rules, so far as applicable. (2)(A) In a committee or subcommittee-- (i) a motion to recess from day to day, or to recess subject to the call of the Chair (within 24 hours), shall be privileged; and (ii) a motion to dispense with the first reading (in full) of a bill or resolution shall be privileged if printed copies are available. (B) A motion accorded privilege under this subparagraph shall be decided without debate. This paragraph was first adopted December 8, 1931, to provide that the Rules of the House are the rules of the standing committees (without reference to subcommittees) and to provide for a privileged motion to recess from day to day (VIII, 2215). The paragraph was amended March 23, 1955, when the House adopted rules governing committee investigations that are now embodied in clause 2 (pp. 3569-3585). In the 92d Congress paragraph (a) was amended in the form contained in the Legislative Reorganization Act of 1970 (84 Stat. 1140) to specifically address subcommittees (H. Res. 5, Jan. 22, 1971, p. 144). It was amended again in the 99th Congress to allow a privileged motion to dispense with the first reading of a measure if printed copies are available (H. Res. 7, Jan. 3, 1985, p. 393). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). In the 109th Congress paragraph (a) was reorganized and amended to provide for a privileged motion to recess subject to the call of the chair (within 24 hours) (sec. 2(d), H. Res. 5, Jan. 4, 2005, p. 43). For the requirement in Jefferson's Manual that a bill or resolution be read in full upon demand, before being read by paragraphs or sections for amendment, see Sec. 412, supra. Each committee may appoint subcommittees (VI, 532), which should include majority and minority representation (IV, 4551), and confer on them powers delegated to the committee itself (VI, 532) except such powers as are reserved to the full committee by the Rules of the House; but express authority also has been given subcommittees by the House (III, 1754-1759, 1801, 2499, 2504, 2508, 2517; IV, 4548). [[Page 546]] As indicated in Sec. 369, supra, clause 1(a)(1)(A) enables standing and select committees to enforce in committee applicable House rules of decorum, such as clause 2 of rule I and rule XVII.
Sec. 788. Investigative authority. (b)(1) Each committee may conduct at any time such investigations and studies as it considers necessary or appropriate in the exercise of its responsibilities under rule X. Subject to the adoption of expense resolutions as required by clause 6 of rule X, each committee may incur expenses, including travel expenses, in connection with such investigations and studies.
(2) A proposed investigative or oversight report shall be considered as read in committee if it has been available to the members for at least 24 hours (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day). (3) A report of an investigation or study conducted jointly by more than one committee may be filed jointly, provided that each of the committees complies independently with all requirements for approval and filing of the report. (4) After an adjournment sine die of the last regular session of a Congress, an investigative or oversight report may be filed with the Clerk at any time, provided that a member who gives timely notice of intention to file supplemental, minority, or additional views shall be entitled to not less than seven calendar days in which to submit such views for inclusion in the report. [[Page 547]] changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Paragraph (b)(1) was incorporated into the rules under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), and, together with clauses 2(m) and 2(n) of rule XI, eliminated the necessity that each committee obtain such authority each Congress by a separate resolution reported from the Committee on Rules. Paragraphs (b)(2), (b)(3), and (b)(4) were added in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic
Sec. 789. Printing and binding. (c) Each committee may have printed and bound such testimony and other data as may be presented at hearings held by the committee or its subcommittees. All costs of stenographic services and transcripts in connection with a meeting or hearing of a committee shall be paid from the applicable accounts of the House described in clause 1(k)(1) of rule X.
Paragraph (c) was made part of the rules by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 105th and 106th Congresses, it was amended to update a reference to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. 47), and conforming changes were effected in the 109th and 112th Congresses (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 790. Activity reports. (d)(1) Not later than January 2 of each year, a committee shall submit to the House a report on the activities of that committee.
(2) Such report shall include-- (A) separate sections summarizing the legislative and oversight activities of that committee under this rule and rule X during the applicable period; [[Page 548]] (B) in the case of the first such report in each Congress, a summary of the oversight plans submitted by the committee under clause 2(d) of rule X; (C) a summary of the actions taken and recommendations made with respect to the oversight plans specified in subdivision (B); (D) a summary of any additional oversight activities undertaken by that committee and any recommendations made or actions taken thereon; and (E) a delineation of any hearings held pursuant to clauses 2(n), (o), or (p) of this rule. (3) After an adjournment sine die of a regular session of a Congress, or after December 15, whichever occurs first, the chair of a committee may file the report described in subparagraph (1) with the Clerk at any time and without approval of the committee, provided that-- (A) a copy of the report has been available to each member of the committee for at least seven calendar days; and (B) the report includes any supplemental, minority, or additional views submitted by a member of the committee. [[Page 549]] under paragraphs (n), (o), and (p) of this clause in the oversight section of activities reports (H. Res. 40, Jan. 14, 2009, p. 757), and eliminated a gender-based reference (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). In the 112th Congress, the paragraph was rewritten entirely to clarify late-session filing and to increase to semiannual the frequency of reports (sec. 2(e)(13), H. Res. 5, Jan. 5, 2011, p. _), which was reduced to annual in the 113th Congress (sec. 2(a), H. Res. 5, Jan. 3, 2013, p. _). The provisions of paragraph (d)(1) were first made requirements of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144, incorporating the provisions of sec. 118(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140)), and effective on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), exemptions from the reporting requirements for the Committees on Appropriations, the Budget, House Administration, Rules, and Ethics (formerly Standards of Official Conduct) were removed, so the paragraph from that point applied to all committees. The 104th Congress added paragraphs (d)(2) and (d)(3) to require that activity reports include separate sections on legislative and oversight activities, including a summary comparison of oversight plans and eventual recommendations and actions (sec. 203(b), H. Res. 6, Jan. 4, 1995, p. 467). Paragraph (d)(4) was added in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). In the 111th Congress, the House amended subparagraph (3) to require the inclusion of hearings Adoption of written rules Under the Unfunded Mandates Reform Act of 1995, the Committee on Rules is required to include in its activity report a separate item identifying all waivers of points of order relating to Federal mandates, listed by bill or joint resolution number and subject matter (sec. 107(b), P.L. 104-4; 109 Stat. 63).
791. Committee rules. 2. (a)(1) Each standing committee shall adopt written rules governing its procedure. Such rules--
(A) shall be adopted in a meeting that is open to the public unless the committee, in open session and with a quorum present, determines by record vote that all or part of the meeting on that day shall be closed to the public; (B) may not be inconsistent with the Rules of the House or with those provisions of law having the force and effect of Rules of the House; and (C) shall in any event incorporate all of the succeeding provisions of this clause to the extent applicable. [[Page 550]] (2) Each committee shall make its rules publicly available in electronic form and submit such rules for publication in the Congressional Record not later than 30 days after the chair of the committee is elected in each odd-numbered year. (3) A committee may adopt a rule providing that the chair be directed to offer a motion under clause 1 of rule XXII whenever the chair considers it appropriate. The requirement that standing committees adopt written rules was first incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144), having been included in the Legislative Reorganization Act of 1970 (84 Stat. 1140). Under the Committee Reform Amendments of 1974, clause 2(a) became effective in essentially its present form on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress it was amended to permit a record vote to close the committee meeting at which committee rules are adopted only on the day of the meeting (H. Res. 5, Jan. 14, 1975, p. 20). In the 102d Congress it was amended to allow a committee 30 days after the election of its members, rather than after the convening of the Congress, to publish its rules in the Congressional Record (H. Res. 5, Jan. 3, 1991, p. 39). The provision requiring publication of committee rules in the Congressional Record derived from statute (2 U.S.C. 190a-2 (repealed 1979)). A court interpreted that statute to be mandatory in a case in which a Senate committee failed to publish in the Record a rule regarding a quorum for the purpose of taking sworn testimony. In overturning a perjury conviction, the court held that the unpublished committee rule was not valid. United States v. Reinecke, 524 F.2d 435 (D.C. Cir. 1975). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (2) was amended in the 112th Congress to require committee rules to also be publicly available in electronic form, and to begin the day-count for submission from the election of the chair (vice the committee) (sec. 2(c)(8), H. Res. 5, Jan. 5, 2011, p. _). Subparagraph (3) was added in the 109th Congress (sec. 2(d), H. Res. 5, Jan. 4, 2005, p. 43). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Committees have historically adopted rules under which they function (I, 707; III, 1841, 1842; VIII, 2214). Committee rules are compiled by the Committee on Rules each Congress as a committee print. It is the responsibility of the committees, and not the House, to construe and enforce additional committee rules on the calling of committee meetings (Speaker Albert, July 22, 1974, pp. 24436-47). This provision requires a select committee to publish its adopted rules in the Record (June 25, 1998, p. 14014). [[Page 551]] instances be the basis for a point of order in the House, resulting in the recommitment of the bill. However, a point of order does not ordinarily lie in the House against consideration of a bill by reason of defective committee procedures occurring before the time the bill is ordered reported to the House (Procedure, ch. 17, Sec. 11.1).
Sec. 792. Committee procedure generally. Failure to follow certain procedural requirements imposed on committees by this rule may invalidate committee actions. Violation of the requirements as to open meetings and hearings and other hearing irregularities improperly overruled (see clause 2(g)(5) of rule XI) or the prescribed committee procedures for reporting bills and resolutions (clause 2(h) of rule XI) may in some
Many of the procedures applicable to committees derive from Jefferson's Manual, which governs the House and its committees in all cases to which it is applicable (clause 1 of rule XXIX). A committee may act only when together, and not by separate consultation and consent, nothing being the report (or recommendation) of the committee except what has been agreed to in committee actually assembled (see Jefferson's Manual at Sec. 407, supra). A measure before a committee for consideration must be read for amendment by section as in the House (see Jefferson's Manual at Sec. Sec. 412-414, supra), and reading of the measure and of amendments thereto must be in full. The procedures applicable in the House as in the Committee of the Whole (see Sec. Sec. 424, 427, supra) generally apply to proceedings in committees of the House of Representatives, except that because a measure considered in committee must be read for amendment, a motion to limit debate under the five-minute rule in committee must be confined to the portion of the bill then pending. The motion for the previous question may be applied to a question under debate in committee when it has been read (or considered as read) for amendment in its entirety. Committees generally conduct their business under the five-minute rule but may employ the ordinary motions that are in order in the House, such as under clause 4 of rule XVI. Regular meeting days
793. Committee meetings. (b) Each standing committee shall establish regular meeting days for the conduct of its business, which shall be not less frequent than monthly. Each such committee shall meet for the consideration of a bill or resolution pending before the committee or the transaction of other committee business on all regular meeting days fixed by the committee if notice is given pursuant to paragraph (g)(3). Additional and special meetings
[[Page 552]] committee for the consideration of a bill or resolution pending before the committee or for the conduct of other committee business, subject to such rules as the committee may adopt. The committee shall meet for such purpose under that call of the chair. (c)(1) The chair of each standing committee may call and convene, as the chair considers necessary, additional and special meetings of the [[Page 553]] the measure or matter specified in that notice may be considered at that special meeting. Temporary absence of chair (2) Three or more members of a standing committee may file in the offices of the committee a written request that the chair call a special meeting of the committee. Such request shall specify the measure or matter to be considered. Immediately upon the filing of the request, the clerk of the committee shall notify the chair of the filing of the request. If the chair does not call the requested special meeting within three calendar days after the filing of the request (to be held within seven calendar days after the filing of the request) a majority of the members of the committee may file in the offices of the committee their written notice that a special meeting of the committee will be held. The written notice shall specify the date and hour of the special meeting and the measure or matter to be considered. The committee shall meet on that date and hour. Immediately upon the filing of the notice, the clerk of the committee shall notify all members of the committee that such special meeting will be held and inform them of its date and hour and the measure or matter to be considered. Such notice shall also be made publicly available in electronic form and shall be deemed to satisfy paragraph (g)(3)(A)(ii). Only (d) A member of the majority party on each standing committee or subcommittee thereof shall be designated by the chair of the full committee as the vice chair of the committee or subcommittee, as the case may be, and shall preside during the absence of the chair from any meeting. If the chair and vice chair of a committee or subcommittee are not present at any meeting of the committee or subcommittee, the ranking majority member who is present shall preside at that meeting. Paragraphs (b), (c), and (d) were first adopted on December 8, 1931 (VIII, 2208), were amended on January 3, 1953 (p. 24), and were revised both by the Legislative Reorganization Act of 1970 (84 Stat. 1140) and in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 102d Congress paragraph (d) was amended to provide that the ranking majority member of each committee and subcommittee be designated as its vice chair (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th Congress paragraph (d) was amended to permit the chair of a full committee to designate vice chairs of the committee and its subcommittees (sec. 223(c), H. Res. 6, Jan. 4, 1995, p. 477). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). In the 113th Congress paragraph (b) was amended to require the holding of a regular meeting only if notice thereof is given, and paragraph (c)(2) was amended to clarify that a special meeting does not require additional notice under paragraph (g) (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). [[Page 554]] Committee records A committee scheduled to meet on stated days, when convened on such day with a quorum present, may proceed to the transaction of business regardless of the absence of the chair (VIII, 2213, 2214). These precedents should be read in light of paragraph (d) and clause 5(c) of rule X. A committee meeting being adjourned for lack of a quorum, a majority of the members of the committee may not, without the consent of the chair, call a meeting of the committee on the same day (VIII, 2213).
794. Required records. (e)(1)(A) Each committee shall keep a complete record of all committee action which shall include--
(i) in the case of a meeting or hearing transcript, a substantially verbatim account of remarks actually made during the proceedings, subject only to technical, grammatical, and typographical corrections authorized by the person making the remarks involved; and (ii) a record of the votes on any question on which a record vote is taken.
Sec. 795. Public availability. (B)(i) Except as provided in subdivision (B)(ii) and subject to paragraph (k)(7), the result of each such record vote shall be made available by the committee for inspection by the public at reasonable times in its offices and also made publicly available in electronic form within 48 hours of such record vote. Information so available shall include a description of the amendment, motion, order, or other proposition, the name of each member voting for and each member voting against such amendment, motion, order, or proposition, and the names of those members of the committee present but not voting.
[[Page 555]] (ii) The result of any record vote taken in executive session in the Committee on Ethics may not be made available for inspection by the public without an affirmative vote of a majority of the members of the committee.
Sec. 796. Committee files. (2)(A) Except as provided in subdivision (B), all committee records (including hearings, data, charts, and files) shall be kept separate and distinct from the congressional office records of the member serving as its chair. Such records shall be the property of the House, and each Member, Delegate, and the Resident Commissioner shall have access thereto.
(B) A Member, Delegate, or Resident Commissioner, other than members of the Committee on Ethics, may not have access to the records of that committee respecting the conduct of a Member, Delegate, Resident Commissioner, officer, or employee of the House without the specific prior permission of that committee. (3) Each committee shall include in its rules standards for availability of records of the committee delivered to the Archivist of the United States under rule VII. Such standards shall specify procedures for orders of the committee under clause 3(b)(3) and clause 4(b) of rule VII, including a requirement that nonavailability of a record for a period longer than the period otherwise applicable under that rule shall be approved by vote of the committee. (4) Each committee shall make its publications available in electronic form to the maximum extent feasible. (5) To the maximum extent practicable, each committee shall-- [[Page 556]] ness in a manner that allows the public to easily listen to and view the proceedings; and (A) provide audio and video coverage of each hearing or meeting for the transaction of busi (B) maintain the recordings of such coverage in a manner that is easily accessible to the public. (6) Not later than 24 hours after the adoption of any amendment to a measure or matter considered by a committee, the chair of such committee shall cause the text of each such amendment to be made publicly available in electronic form. [[Page 557]] to effect a technical correction (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). Paragraph (e)(3) was added in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). Paragraph (e)(4) was added in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Subparagraphs (5) and (6) were added in the 112th Congress (secs. 2(c)(6), 2(c)(9), H. Res. 5, Jan. 5, 2011, p. _). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). This paragraph was amended in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). The first sentence of paragraph (e)(1) was rewritten entirely in the 104th Congress (sec. 206, H. Res. 6, Jan. 4, 1995, p. 475). Its predecessor, requiring a complete record of all committee actions, including votes on any question on which a roll call was demanded, was enacted as section 133(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812) and made part of the standing rules on January 3, 1953 (p. 24). The requirement that committee roll calls be subject to public inspection was added by section 104(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and made a part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). The qualified exception for the Committee on Ethics (formerly Standards of Official Conduct) from the requirement of public availability of record votes was added in the 105th Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. 19336). Effective on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the requirement that proxy votes in committee be made available for public inspection was eliminated from this paragraph because proxies were prohibited as of that date, but in the 94th Congress clause 2(f) of rule XI was amended to permit proxies in committee, and this paragraph was likewise amended to reinsert the requirement of availability for public inspection (H. Res. 5, Jan. 14, 1975, p. 20). When proxy voting was again eliminated in the 104th Congress, the reference thereto in the third sentence of paragraph (e)(1) was deleted (sec. 104(b), H. Res. 6, Jan. 4, 1995, p. 463). Paragraph (e)(1) was amended in the 112th Congress to require that record votes be electronically available within 48 hours (sec. 2(c)(5), H. Res. 5, Jan. 5, 2011, p. _) and amended in the 113th Congress to effect a technical correction (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). Paragraph (e)(2) derives from section 202(d) of the Legislative Reorganization Act of 1946 (60 Stat. 812), was made a part of the rules in the 83d Congress (H. Res. 5, Jan. 3, 1953, p. 24), was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to restrict the access of Members to certain records of the Committee on Ethics (formerly Standards of Official Conduct), and was amended in the 113th Congress Although all Members have access to committee records under this clause, it is not without qualification. For example, this clause: (1) does not give a Member the right to make photostatic copies of such records (Speaker Rayburn, Aug. 14, 1957, pp. 14737-39), and such records may not be brought into the well of the House if the committee has not authorized such action (Speaker Rayburn, June 3, 1960, p. 11820); (2) does not necessarily apply to records within the possession of the executive branch that the members of the committee have been allowed to examine under limited conditions at the discretion of the executive agency in possession of such materials (Speaker O'Neill, July 31, 1980, p. 20765); (3) does not apply to records (an executive communication not yet referred to committee) in the possession of the House (Sept. 9, 1998, p. 19769). In the 105th Congress the House adopted a resolution restricting Members' access to documents received from an independent counsel (said to relate to possible grounds for impeachment of the President) and referred to the Committee on the Judiciary (H. Res. 525, Sept. 11, 1998, p. 20020). Testimony or evidence taken in executive sessions of a committee is under the control and subject to the regulation of the committee and, under clause 2(k)(7) of rule XI (Sec. 803, infra), cannot be released without the consent of the committee (June 26, 1961, p. 11233; see also Deschler, ch. 17, Sec. 18). Furthermore, such access allows a Member to examine executive session materials only in committee rooms and does not permit a Member to copy or to take personal notes from such materials, to keep such notes or copies in personal office files, or to release such materials to the public without the consent of the committee or subcommittee under clause 2(k)(7) of rule XI (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73). Compare this clause with clause 11(g)(3) of rule X, which only permits access of nonmembers of the Permanent Select Committee on Intelligence to classified information in the possession of that committee when authorized by that committee. A resolution directing a standing committee to release executive-session material referred to it by special rule of the House was held to propose a change in the rules and, therefore, not to constitute a question of the privileges of the House under rule IX (Sept. 23, 1998, p. 21562). [[Page 558]] Prohibition against proxy voting In implementing clause 2(e), committees may prescribe regulations to govern the manner of access to their records, such as requiring examination only in committee rooms.
797. Ban on proxies. (f) A vote by a member of a committee or subcommittee with respect to any measure or matter may not be cast by proxy.
The 104th Congress adopted paragraph (f) in this form (sec. 104, H. Res. 6, Jan. 4, 1995, p. 463). An earlier form of the provision was enacted as section 106(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and made part of the standing rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Open meetings and hearings The original form of this paragraph permitted committees to adopt written rules permitting proxies in writing, designating the persons to execute them and specifying the measures or matters to which they applied. Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), proxies in committee were prohibited, but in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20), the rule was amended to permit proxies in committees with additional restrictions requiring an assertion that the grantor was absent on official business or otherwise unable to attend, requiring the Member to sign and date the proxy, and permitting general proxies for procedural matters. [[Page 559]] would tend to defame, degrade, or incriminate any person, or otherwise would violate a law or rule of the House. Persons, other than members of the committee and such noncommittee Members, Delegates, Resident Commissioner, congressional staff, or departmental representatives as the committee may authorize, may not be present at a business or markup session that is held in executive session. This subparagraph does not apply to open committee hearings, which are governed by clause 4(a)(1) of rule X or by subparagraph (2).
798. Open meetings and hearings. (g)(1) Each meeting for the transaction of business, including the markup of legislation, by a standing committee or subcommittee thereof (other than the Committee on Ethics or its subcommittees) shall be open to the public, including to radio, television, and still photography coverage, except when the committee or subcommittee, in open session and with a majority present, determines by record vote that all or part of the remainder of the meeting on that day shall be in executive session because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information,
(2)(A) Each hearing conducted by a committee or subcommittee (other than the Committee on Ethics or its subcommittees) shall be open to the public, including to radio, television, and still photography coverage, except when the committee or subcommittee, in open session and with a majority present, determines by record vote that all or part of the remainder of that hearing on that day shall be closed to the public because disclosure of testimony, evidence, or other matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would violate a law or rule of the House. (B) Notwithstanding the requirements of subdivision (A), in the presence of the number of members required under the rules of the committee for the purpose of taking testimony, a majority of those present may-- [[Page 560]] evidence to be received would endanger national security, would compromise sensitive law enforcement information, or would violate clause 2(k)(5); or (i) agree to close the hearing for the sole purpose of discussing whether testimony or (ii) agree to close the hearing as provided in clause 2(k)(5). (C) A Member, Delegate, or Resident Commissioner may not be excluded from non- participatory attendance at a hearing of a committee or subcommittee (other than the Committee on Ethics or its subcommittees) unless the House by majority vote authorizes a particular committee or subcommittee, for purposes of a particular series of hearings on a particular article of legislation or on a particular subject of investigation, to close its hearings to Members, Delegates, and the Resident Commissioner by the same procedures specified in this subparagraph for closing hearings to the public. (D) The committee or subcommittee may vote by the same procedure described in this subparagraph to close one subsequent day of hearing, except that the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence, and the subcommittees thereof, may vote by the same procedure to close up to five additional, consecutive days of hearings. (3)(A) The chair of a committee shall announce the date, place, and subject matter of-- [[Page 561]] (i) a committee hearing, which may not commence earlier than one week after such notice; or (ii) a committee meeting, which may not commence earlier than the third day on which members have notice thereof. (B) A hearing or meeting may begin sooner than specified in subdivision (A) in either of the following circumstances (in which case the chair shall make the announcement specified in subdivision (A) at the earliest possible time): (i) the chair of the committee, with the concurrence of the ranking minority member, determines that there is good cause; or (ii) the committee so determines by majority vote in the presence of the number of members required under the rules of the committee for the transaction of business. (C) An announcement made under this subparagraph shall be published promptly in the Daily Digest and made publicly available in electronic form. (D) This subparagraph and subparagraph (4) shall not apply to the Committee on Rules. (4) At least 24 hours prior to the commencement of a meeting for the markup of legislation, or at the time of an announcement under subparagraph (3)(B) made within 24 hours before such meeting, the chair of the committee shall cause the text of such legislation to be made publicly available in electronic form. [[Page 562]] summaries thereof. In the case of a witness appearing in a nongovernmental capacity, a written statement of proposed testimony shall include a curriculum vitae and a disclosure of the amount and source (by agency and program) of each Federal grant (or subgrant thereof) or contract (or subcontract thereof) received during the current fiscal year or either of the two previous fiscal years by the witness or by an entity represented by the witness. Such statements, with appropriate redactions to protect the privacy of the witness, shall be made publicly available in electronic form not later than one day after the witness appears. (5) Each committee shall, to the greatest extent practicable, require witnesses who appear before it to submit in advance written statements of proposed testimony and to limit their initial presentations to the committee to brief (6)(A) Except as provided in subdivision (B), a point of order does not lie with respect to a measure reported by a committee on the ground that hearings on such measure were not conducted in accordance with this clause. (B) A point of order on the ground described in subdivision (A) may be made by a member of the committee that reported the measure if such point of order was timely made and improperly disposed of in the committee. (7) This paragraph does not apply to hearings of the Committee on Appropriations under clause 4(a)(1) of rule X. [[Page 563]] committee votes to close a meeting or hearing and to provide that a noncommittee Member cannot be excluded from a hearing except by a vote of the House. However, subparagraph (2) was amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8) to permit a majority of those present under the rules of the committee for the purpose of taking testimony (not less than two members as provided in clause 2(h)(2) of rule XI) to vote to close a hearing either to discuss whether the testimony would endanger national security or would violate clause 2(k)(5) of this rule, or to proceed to close the hearing as provided by clause 2(k)(5). In the 98th Congress subparagraph (2) was amended further to permit the Committees on Appropriations and Armed Services, and the Permanent Select Committee on Intelligence, and their subcommittees, when voting in open session with a quorum present, to close a hearing on that particular day and for up to five additional days, for a total of not to exceed six days (H. Res. 5, Jan. 3, 1983, p. 34). In the 104th Congress the paragraph was amended to require that meetings and hearings open to the public also be open to broadcast and photographic media; subparagraph (2) was further amended to permit closed meetings only on specified conditions and to delete an exception for meetings relating to internal budget or personnel matters and to specify a new condition (sensitive law enforcement information) for closing hearings (sec. 105, H. Res. 6, Jan. 4, 1995, p. 463). The paragraph was also amended to conform references to renamed committees (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). In the 105th Congress subparagraphs (1) and (2) were again amended to reflect an amendment to former clause 4(e)(3) of rule X (currently clause 3 of rule XI) requiring meetings of the Committee on Ethics to occur in executive session (except for adjudicatory subcommittee meetings or full committee sanction hearings) unless opened by an affirmative vote of a majority of members (sec. 5, H. Res. 168, Sept. 18, 1997, p. 19336). Subparagraphs (3), (5), (6), and (7) derive from sections 111(b), 113(b), 115(b), and 242(c) respectively of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), these provisions were inadvertently omitted from the rules, and were therefore reinserted in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). Subparagraph (3) was amended as follows: in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to add the requirement of prompt entering of public notice of committee hearings into the committee scheduling service of the House Information Resources; in the 104th Congress to permit the calling of a hearing on less than seven days' notice upon a determination of good cause either by vote of the committee or subcommittee or by its chair with the concurrence of its ranking minority member (H. Res. 43, Jan. 31, 1995, p. 3028); and in the 112th Congress to apply the notice requirement to meetings (sec. 2(c)(3), H. Res. 5, Jan. 5, 2011, p. _). A new subparagraph (4) was inserted (and subsequent subparagraphs redesignated) in the 112th Congress to require availability of [[Page 564]] committee markup text (sec. 2(c)(4), H. Res. 5, Jan. 5, 2011, p. _). In the 105th and 106th Congresses subparagraphs (3) and (2) (respectively) were amended to effect a technical correction (H. Res. 5, Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (5) (then subparagraph (4)) was rewritten in the 105th Congress to encourage committees to elicit curricula vitae and disclosures of certain interests from nongovernmental witnesses (H. Res. 5, Jan. 7, 1997, p. 121) and in the 112th Congress to require electronic availability of such disclosures (sec. 2(c)(7), H. Res. 5, Jan. 5, 2011, p. _). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). This paragraph was amended in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Subparagraphs (1) and (2), relating to open committee meetings and hearings, were first made part of the rules on March 7, 1973 (H. Res. 259, 93d Cong., pp. 6713-20). They were amended in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20), to limit to one day (in the case of a meeting) or to one day plus one subsequent day (in the case of a hearing) the period during which a committee may close its session. They were again amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to require that a majority (rather than a quorum) be present when a committee or sub Quorum requirements In the 105th Congress the House adopted a resolution restricting access to meetings and hearings held by the Committee on the Judiciary on a communication received from an independent counsel relating to possible grounds for impeachment of the President (H. Res. 525, Sept. 11, 1998, p. 20020).
799. Requirement of quorum. (h)(1) A measure or recommendation may not be reported by a committee unless a majority of the committee is actually present.
[[Page 565]] the 104th Congress both of those features were deleted from the rule (sec. 207, H. Res. 6, Jan. 4, 1995, p. 467). This subparagraph is from section 133(d) of the Legislative Reorganization Act of 1946 (60 Stat. 812) and was made a part of the rules on January 3, 1953 (p. 24). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(l)(2)(A) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). The point of order that a bill was reported from a committee without a formal meeting and a quorum present comes too late if debate has started on a bill in the House (VIII, 2223; Feb. 24, 1947, p. 1374). No committee report is valid unless authorized with a quorum of the committee actually present at the time the vote is taken (IV, 4584; VIII, 2211, 2212, 2221, 2222), and 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 (VIII, 2222), where it is admitted that a quorum was not in the room at any time during the vote and the committee transcript does not show a quorum acting as a quorum, the Chair will sustain the point of order (VIII, 2212). In the 103d Congress, this provision was amended to provide that responses to roll calls in committee be deemed contemporaneous and to require that a point of no quorum with respect to a committee report be timely asserted in committee or considered waived (H. Res. 5, Jan. 5, 1993, p. 49), but in Where the committee transcript was not conclusive and the manager of the bill gave absolute assurance that a majority of the full committee was actually present when the bill was ordered reported the Speaker overruled a point of order made under this provision (Oct. 22, 1987, p. 28807). A point of no quorum pending a committee vote on ordering a measure reported may provoke a quorum call requiring a majority of the committee to be present in the committee room. A committee may act only when together, nothing being the report of the committee except what has been agreed to in committee actually assembled (see Jefferson's Manual at Sec. 407, supra).
Sec. 800. Reduced quorum. (2) Each committee may fix the number of its members to constitute a quorum for taking testimony and receiving evidence, which may not be less than two.
(3) Each committee (other than the Committee on Appropriations, the Committee on the Budget, and the Committee on Ways and Means) may fix the number of its members to constitute a quorum for taking any action other than one for which the presence of a majority of the committee is otherwise required, which may not be less than one-third of the members. Subparagraphs (2) and (3) (formerly subparagraphs (1) and (2)) were adopted in the 84th Congress and only related to the authority of a committee to fix a quorum of not less than two for taking testimony (H. Res. 151, Mar. 23, 1955, pp. 3569, 3585). In the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) subparagraph (3) (formerly subparagraph (2)) was added to authorize committees to fix a quorum less than a majority for certain other action. Before the House recodified its rules in the 106th Congress, paragraph (h) consisted only of subparagraphs (2) and (3) (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (3) was amended in the 107th Congress to preserve all requirements for a majority quorum found in House rules (sec. 2(i), H. Res. 5, Jan. 3, 2001, p. 25). [[Page 566]] member or staff of the committee must be specifically conferred by the House (see, e.g., H. Res. 167, 105th Cong., June 20, 1997, p. 11677). By unanimous consent the Committee on Standards of Official Conduct (now Ethics) was authorized to receive evidence and take testimony before a quorum of one of its members for the remainder of the second session of the 100th Congress (Oct. 13, 1988, p. 30467). Authority for a committee (other than the committee on Oversight and Government Reform under clause 4(c) of rule X) to conduct depositions or interrogatories before one
Sec. 800a. Postponing votes in committee. (4)(A) Each committee may adopt a rule authorizing the chair of a committee or subcommittee--
(i) to postpone further proceedings when a record vote is ordered on the question of approving a measure or matter or on adopting an amendment; and (ii) to resume proceedings on a postponed question at any time after reasonable notice. (B) A rule adopted pursuant to this subparagraph shall provide that when proceedings resume on a postponed question, notwithstanding any intervening order for the previous question, an underlying proposition shall remain subject to further debate or amendment to the same extent as when the question was postponed. This subparagraph was added in the 108th Congress (sec. 2(g), H. Res. 5, Jan. 7, 2003, p. 7). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Limitation on committee sittings
801. Committees not to sit. (i) A committee may not sit during a joint session of the House and Senate or during a recess when a joint meeting of the House and Senate is in progress.
[[Page 567]] this revision was made part of the standing rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the Committees on Appropriations, the Budget, and Rules were exempted; and in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the Committee on Standards of Official Conduct was also exempted. The Committee on Ways and Means was traditionally permitted to sit during proceedings under the five-minute rule by unanimous consent granted each Congress (Jan. 29, 1975, p. 1677) until it was exempted in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113). A provision that special leave to sit be granted if ten Members did not object was added in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70). An exemption for the Committee on House Administration was added in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). In the 103d Congress the prohibition against sitting during proceedings under the five-minute rule was stricken altogether (H. Res. 5, Jan. 5, 1993, p. 49), but in the 104th Congress the former rule was reinstated with exemptions for the Committees on Appropriations, the Budget, Rules, Standards of Official Conduct, and Ways and Means, and also with provision for a privileged motion by the Majority Leader (sec. 208, H. Res. 6, Jan. 4, 1995, p. 467), who controlled one hour of debate thereon (Jan. 23, 1995, p. 2209). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Calling and questioning of witnesses This prohibition was added in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). Other limitations on committee sittings, removed from this paragraph in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121), had their origins in a separate clause in 1794. That clause was omitted from rule XI in the adoption of rules for the 80th Congress but remained effective as part of the Legislative Reorganization Act of 1946, the applicable provisions of which were continued as a part of the Rules of the House. It prohibited committees from sitting at any time when the House was in session, but was narrowed to proscribe sittings during the five-minute rule by the Legislative Reorganization Act of 1970 (sec. 117(b); 84 Stat. 1140) and
802. Witnesses. (j)(1) Whenever a hearing is conducted by a committee on a measure or matter, the minority members of the committee shall be entitled, upon request to the chair by a majority of them before the completion of the hearing, to call witnesses selected by the minority to testify with respect to that measure or matter during at least one day of hearing thereon.
[[Page 568]] (2)(A) Subject to subdivisions (B) and (C), each committee shall apply the five-minute rule during the questioning of witnesses in a hearing until such time as each member of the committee who so desires has had an opportunity to question each witness. (B) A committee may adopt a rule or motion permitting a specified number of its members to question a witness for longer than five minutes. The time for extended questioning of a witness under this subdivision shall be equal for the majority party and the minority party and may not exceed one hour in the aggregate. (C) A committee may adopt a rule or motion permitting committee staff for its majority and minority party members to question a witness for equal specified periods. The time for extended questioning of a witness under this subdivision shall be equal for the majority party and the minority party and may not exceed one hour in the aggregate. Hearing procedures Paragraph (j)(1) was contained in section 114(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was made a part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Paragraph (j)(2) was added to the rules on that latter date. Although a majority of the minority members of a committee are entitled to call witnesses selected by the minority for at least one day of hearings, no rule of the House requires the calling of witnesses on opposing sides of an issue (Oct. 14, 1987, p. 27921). In the 105th Congress paragraph (j)(2) was redesignated as (2)(A) and two new subparagraphs were added as (2)(B) and (2)(C) to enable committees to permit extended examinations of witnesses by designated members or by staff (H. Res. 5, Jan. 7, 1997, p. 121). A technical correction was effected in the 106th Congress to clarify the procedure to extend questioning, and clerical and stylistic changes were effected when the House recodified its rules in the same Congress (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). [[Page 569]]
803. Hearing procedure. (k)(1) The chair at a hearing shall announce in an opening statement the subject of the hearing.
(2) A copy of the committee rules and of this clause shall be made available to each witness on request. (3) Witnesses at hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. (4) The chair may punish breaches of order and decorum, and of professional ethics on the part of counsel, by censure and exclusion from the hearings; and the committee may cite the offender to the House for contempt. (5) Whenever it is asserted by a member of the committee that the evidence or testimony at a hearing may tend to defame, degrade, or incriminate any person, or it is asserted by a witness that the evidence or testimony that the witness would give at a hearing may tend to defame, degrade, or incriminate the witness-- (A) notwithstanding paragraph (g)(2), such testimony or evidence shall be presented in executive session if, in the presence of the number of members required under the rules of the committee for the purpose of taking testimony, the committee determines by vote of a majority of those present that such evidence or testimony may tend to defame, degrade, or incriminate any person; and [[Page 570]] In either case the committee shall afford such person an opportunity voluntarily to appear as a witness, and receive and dispose of requests from such person to subpoena additional witnesses. (B) the committee shall proceed to receive such testimony in open session only if the committee, a majority being present, determines that such evidence or testimony will not tend to defame, degrade, or incriminate any person. (6) Except as provided in subparagraph (5), the chair shall receive and the committee shall dispose of requests to subpoena additional witnesses. (7) Evidence or testimony taken in executive session, and proceedings conducted in executive session, may be released or used in public sessions only when authorized by the committee, a majority being present. (8) In the discretion of the committee, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The committee is the sole judge of the pertinence of testimony and evidence adduced at its hearing. (9) A witness may obtain a transcript copy of the testimony of such witness given at a public session or, if given at an executive session, when authorized by the committee. [[Page 571]] defamatory in executive session upon a determination by a majority of those present that such testimony is indeed defamatory, degrading, or incriminating. It was amended in the 107th Congress to permit such an assertion to be made by the witness (with respect to that witness) or a member of the Committee (with respect to any person) (sec. 2(j), H. Res. 5, Jan. 3, 2001, p. 25). In the 105th Congress subparagraph (5) was amended to clarify a majority of those voting (a full quorum being present) may decide to proceed in open session (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). ``Investigative'' was removed from the heading and subparagraphs (1), (3), and (5) of paragraph (k) in the 107th Congress to conform the rule to House practice, which is to apply this paragraph to all committee investigative, oversight, or legislative hearings (sec. 2(j), H. Res. 5, Jan. 3, 2001, p. 25). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The provisions of paragraph (k) were first incorporated into the rules in the 84th Congress (H. Res. 151, Mar. 23, 1955, pp. 3569, 3585). The requirement of paragraph (k)(2) that a copy of committee rules be furnished to each witness was added in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144) and was amended in the 107th Congress to require the committee to furnish such rules only when the witness so requests (sec. 2(j), H. Res. 5, Jan. 3, 2001, p. 25). The former requirement of paragraph (k)(9) that a witness must pay the cost of a transcript copy of testimony was eliminated under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph (k)(5) was amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to permit a committee or subcommittee to hear testimony asserted to be Supplemental, minority, or additional views The requirements of clause 2(g)(1) and (2), and of 2(m)(2)(A), of this rule that a majority of the committee or subcommittee shall constitute a quorum for the purposes of closing meetings or hearings or issuing subpoenas have been construed to require, under clause 2(k)(7) of this rule, that a majority shall likewise constitute a quorum to release or make public any evidence or testimony received in any closed meeting or hearing and any other executive session record of the committee or subcommittee. See also clauses 11(c) and 11(g) of rule X, which provide that classified material transmitted by the Permanent Select Committee on Intelligence to another committee of the House becomes the executive session material of the recipient committee by virtue of the nature of the material and the injunction of clause 11(g) of rule X, which prohibits disclosure of information provided to committees or Members of the House except in a secret session. For a discussion of questions of the privileges of the House addressing committee hearing procedure, see Sec. 704, supra. [[Page 572]] holidays except when the House is in session on such a day) to file such written and signed views with the clerk of the committee.
804. Minority views. (l) If at the time of approval of a measure or matter by a committee (other than the Committee on Rules) a member of the committee gives notice of intention to file supplemental, minority, or additional views for inclusion in the report to the House thereon, all members shall be entitled to not less than two additional calendar days after the day of such notice (excluding Saturdays, Sundays, and legal
Power to sit and act; subpoena power This provision was originally included in section 107 of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 104th Congress it was amended to count as a ``calendar day'' any day on which the House is in session (H. Res. 254, Nov. 30, 1995, p. 35077). In the 105th Congress it was amended to reduce the guaranteed time for composing separate views from three full days to two full days after the day of notice (H. Res. 5, Jan. 7, 1997, p. 121). In the 113th Congress it was amended to clarify that notice inures to all committee members (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). Before the House recodified its rules in the 106th Congress, paragraph (l) consisted of this paragraph and current clause 2(c) of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47).
805. Power to sit and to issue subpoenas; oaths. (m)(1) For the purpose of carrying out any of its functions and duties under this rule and rule X (including any matters referred to it under clause 2 of rule XII), a committee or subcommittee is authorized (subject to subparagraph (3)(A))--
(A) to sit and act at such times and places within the United States, whether the House is in session, has recessed, or has adjourned, and to hold such hearings as it considers necessary; and (B) to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as it considers necessary. [[Page 573]] (2) The chair of the committee, or a member designated by the chair, may administer oaths to witnesses. (3)(A)(i) Except as provided in subdivision (A)(ii), a subpoena may be authorized and issued by a committee or subcommittee under subparagraph (1)(B) in the conduct of an investigation or series of investigations or activities only when authorized by the committee or subcommittee, a majority being present. The power to authorize and issue subpoenas under subparagraph (1)(B) may be delegated to the chair of the committee under such rules and under such limitations as the committee may prescribe. Authorized subpoenas shall be signed by the chair of the committee or by a member designated by the committee. (ii) In the case of a subcommittee of the Committee on Ethics, a subpoena may be authorized and issued only by an affirmative vote of a majority of its members. (B) A subpoena duces tecum may specify terms of return other than at a meeting or hearing of the committee or subcommittee authorizing the subpoena. (C) Compliance with a subpoena issued by a committee or subcommittee under subparagraph (1)(B) may be enforced only as authorized or directed by the House. [[Page 574]] the chair of the full committee or any member designated by the committee (H. Res. 5, Jan. 14, 1975, p. 20). In the 95th Congress the paragraph was amended to permit a subcommittee, as well as a full committee, to authorize subpoenas and to allow a full committee to delegate such authority to the chair of the full committee (H. Res. 5, Jan. 4, 1977, pp. 53-70). The special rule for authorizing and issuing a subpoena of a subcommittee of the Committee on Ethics (formerly Standards of Official Conduct) was adopted in the 105th Congress (sec. 15, H. Res. 168, Sept. 18, 1997, p. 19319). In the 106th Congress subparagraph (3)(B) was added, and clerical and stylistic changes were effected when the House recodified its rules in the same Congress (H. Res. 5, Jan. 6, 1999, p. 47). A clerical correction was effected to paragraph (m)(1) in the 107th Congress to correct a cross reference (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). This paragraph was amended in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Before the adoption of clause 2(m) under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), only the Committees on Appropriations, the Budget, Government Operations, Internal Security, and Standards of Official Conduct were permitted by the standing rules to perform the functions as specified in subparagraphs (1)(A) and (1)(B), and other standing and select committees were given those authorities by separate resolutions reported from the Committee on Rules each Congress. In the 94th Congress the paragraph was amended to require authorized subpoenas to be signed by A subpoena issued under this clause need only be signed by the chair of the committee or by any member designated by the committee, whereas when the House issues an order or warrant the Speaker must under clause 4 of rule I issue the summons under the Speaker's hand and seal, and it must be attested by the Clerk pursuant to clause 2(d) of rule II (formerly clause 3 of rule III) (III, 1668; see H. Rept. 96-1078, p. 22). Pursuant to 2 U.S.C. 191, the President of the Senate, the Speaker of the House of Representatives, or a chair of any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or of a committee of the whole, or of any committee of either House of Congress, is empowered to administer oaths to witnesses in any case under their examination, and any Member of either House of Congress may administer oaths to witnesses in any matter depending in the House of Congress of which a Member, or any committee thereof. [[Page 575]] such authority must be conferred by separate action of the House (see Sec. 800, supra). Although under this clause the Committee on Ethics may issue subpoenas in investigating the conduct of a Member, officer, or employee of the House (the extent of the committee's jurisdiction under rule X and functions under clause 3 of rule XI), where the House authorizes an investigation by that committee of other persons not directly associated with the House, the committee's jurisdiction is thereby enlarged and a broader subpoena authority must be conferred on the committee (Mar. 3, 1976, p. 5165). Subparagraph (3)(B) (formerly subparagraph (2)(B)) has been interpreted to require authorization by the full House before a subcommittee chair could intervene in a lawsuit in order to gain access to documents subpoenaed by the subcommittee. In re Beef Industry Antitrust Litigation, 589 F.2d 786 (5th Cir. 1979). The authority conferred in clause 2(m)(1)(B) to require information ``by subpoena or otherwise'' has not been interpreted to authorize depositions or interrogatories. Except in the case of the Committee on Oversight and Government Reform under clause 4(c) of rule X,
Sec. 805a. Certain hearings required. (n)(1) Each standing committee, or a subcommittee thereof, shall hold at least one hearing during each 120-day period following the establishment of the committee on the topic of waste, fraud, abuse, or mismanagement in Government programs which that committee may authorize.
(2) A hearing described in subparagraph (1) shall include a focus on the most egregious instances of waste, fraud, abuse, or mismanagement as documented by any report the committee has received from a Federal Office of the Inspector General or the Comptroller General of the United States. (o) Each committee, or a subcommittee thereof, shall hold at least one hearing in any session in which the committee has received disclaimers of agency financial statements from auditors of any Federal agency that the committee may authorize to hear testimony on such disclaimers from representatives of any such agency. (p) Each standing committee, or a subcommittee thereof, shall hold at least one hearing on issues raised by reports issued by the Comptroller General of the United States indicating that Federal programs or operations that the committee may authorize are at high risk for waste, fraud, and mismanagement, known as the ``high-risk list'' or the ``high- risk series.'' [[Page 576]] Committee on Ethics Paragraphs (n), (o), and (p) were added in the 111th Congress (H. Res. 40, Jan. 14, 2009, p. _).
806. Ethics; additional duties. 3. (a) The Committee on Ethics has the following functions:
(1) The committee may recommend to the House from time to time such administrative actions as it may consider appropriate to establish or enforce standards of official conduct for Members, Delegates, the Resident Commissioner, officers, and employees of the House. A letter of reproval or other administrative action of the committee pursuant to an investigation under subparagraph (2) shall only be issued or implemented as a part of a report required by such subparagraph. [[Page 577]] (2) The committee may investigate, subject to paragraph (b), an alleged violation by a Member, Delegate, Resident Commissioner, officer, or employee of the House of the Code of Official Conduct or of a law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, Delegate, Resident Commissioner, officer, or employee in the performance of the duties or the discharge of the responsibilities of such individual. After notice and hearing (unless the right to a hearing is waived by the Member, Delegate, Resident Commissioner, officer, or employee), the committee shall report to the House its findings of fact and recommendations, if any, for the final disposition of any such investigation and such action as the committee may consider appropriate in the circumstances. (3) The committee may report to the appropriate Federal or State authorities, either with the approval of the House or by an affirmative vote of two-thirds of the members of the committee, any substantial evidence of a violation by a Member, Delegate, Resident Commissioner, officer, or employee of the House, of a law applicable to the performance of the duties or the discharge of the responsibilities of such individual that may have been disclosed in a committee investigation. (4) The committee may consider the request of a Member, Delegate, Resident Commissioner, officer, or employee of the House for an advisory opinion with respect to the general propriety of any current or proposed conduct of such Member, Delegate, Resident Commissioner, officer, or employee. With appropriate deletions to ensure the privacy of the person concerned, the committee may publish such opinion for the guidance of other Members, Delegates, the Resident Commissioner, officers, and employees of the House. (5) The committee may consider the request of a Member, Delegate, Resident Commissioner, officer, or employee of the House for a written waiver in exceptional circumstances with respect to clause 4 of rule XXIII. [[Page 578]] (6)(A) The committee shall offer annual ethics training to each Member, Delegate, Resident Commissioner, officer, and employee of the House. Such training shall-- (i) involve the classes of employees for whom the committee determines such training to be appropriate; and (ii) include such knowledge of the Code of Official Conduct and related House rules as may be determined appropriate by the committee. (B)(i) A new officer or employee of the House shall receive training under this paragraph not later than 60 days after beginning service to the House. (ii) Not later than January 31 of each year, each officer and employee of the House shall file a certification with the committee that the officer or employee attended ethics training in the last year as established by this subparagraph. (b)(1)(A) Unless approved by an affirmative vote of a majority of its members, the Committee on Ethics may not report a resolution, report, recommendation, or advisory opinion relating to the official conduct of a Member, Delegate, Resident Commissioner, officer, or employee of the House, or, except as provided in subparagraph (2), undertake an investigation of such conduct. (B)(i) Upon the receipt of information offered as a complaint that is in compliance with this rule and the rules of the committee, the chair and ranking minority member jointly may appoint members to serve as an investigative subcommittee. [[Page 579]] formation concerning alleged conduct that is the basis of a complaint or of information offered as a complaint until they have established an investigative subcommittee or either of them has placed on the agenda of the committee the issue of whether to establish an investigative subcommittee. (ii) The chair and ranking minority member of the committee jointly may gather additional in (2) Except in the case of an investigation undertaken by the committee on its own initiative, the committee may undertake an investigation relating to the official conduct of an individual Member, Delegate, Resident Commissioner, officer, or employee of the House only-- (A) upon receipt of information offered as a complaint, in writing and under oath, from a Member, Delegate, or Resident Commissioner and transmitted to the committee by such Member, Delegate, or Resident Commissioner; (B) upon receipt of information offered as a complaint, in writing and under oath, from a person not a Member, Delegate, or Resident Commissioner provided that a Member, Delegate, or Resident Commissioner certifies in writing to the committee that such Member, Delegate, or Resident Commissioner believes the information is submitted in good faith and warrants the review and consideration of the committee; or [[Page 580]] Committee on Ethics, the chair and ranking minority member shall establish jointly an investigative subcommittee and forward the complaint, or any portion thereof, to that subcommittee for its consideration. However, if at any time during those periods either the chair or ranking minority member places on the agenda the issue of whether to establish an investigative subcommittee, then an investigative subcommittee may be established only by an affirmative vote of a majority of the members of the committee. (C) upon receipt of a report regarding a referral from the board of the Office of Congressional Ethics. If a complaint is not disposed of within the applicable periods set forth in the rules of the (3) The committee may not undertake an investigation of an alleged violation of a law, rule, regulation, or standard of conduct that was not in effect at the time of the alleged violation. The committee may not undertake an investigation of such an alleged violation that occurred before the third previous Congress unless the committee determines that the alleged violation is directly related to an alleged violation that occurred in a more recent Congress. [[Page 581]] (4) A member of the committee shall be ineligible to participate as a member of the committee in a committee proceeding relating to the member's official conduct. Whenever a member of the committee is ineligible to act as a member of the committee under the preceding sentence, the Speaker shall designate a Member, Delegate, or Resident Commissioner from the same political party as the ineligible member to act in any proceeding of the committee relating to that conduct. (5) A member of the committee may seek disqualification from participating in an investigation of the conduct of a Member, Delegate, Resident Commissioner, officer, or employee of the House upon the submission in writing and under oath of an affidavit of disqualification stating that the member cannot render an impartial and unbiased decision in the case in which the member seeks to be disqualified. If the committee approves and accepts such affidavit of disqualification, the chair shall so notify the Speaker and request the Speaker to designate a Member, Delegate, or Resident Commissioner from the same political party as the disqualifying member to act in any proceeding of the committee relating to that case. (6) Information or testimony received, or the contents of a complaint or the fact of its filing, may not be publicly disclosed by any committee or staff member unless specifically authorized in each instance by a vote of the full committee. (7) The committee shall have the functions designated in titles I and V of the Ethics in Government Act of 1978, in sections 7342, 7351, and 7353 of title 5, United States Code, and in clause 11(g)(4) of rule X. [[Page 582]] board pursuant to a request under paragraph (r), the chair of the Committee on Ethics shall make public the written report and findings of the board unless the chair and ranking member, acting jointly, decide or the committee votes to withhold such information for not more than one additional period of the same duration, in which case the chair shall-- (8)(A) Except as provided by subdivisions (B), (C), and (D), not later than 45 calendar days or 5 legislative days, whichever is later, after receipt of a written report and any findings and supporting documentation regarding a referral from the board of the Office of Congressional Ethics or of a referral of the matter from the (i) upon the termination of such additional period, make public the written report and findings; and (ii) upon the day of such decision or vote, make a public statement that the matter, relating to the referral made by the board of the Office of Congressional Ethics regarding the Member, officer, or employee of the House who is the subject of the applicable referral, has been extended. At least one calendar day before the committee makes public any written report and findings of the board, the chair shall notify such board and the applicable Member, officer, or employee of that fact and transmit to such individual a copy of the statement on the committee's disposition of, and any committee report on, the matter. [[Page 583]] previous sentence, a vote by the committee to dismiss a matter is not inconsistent with a report from the board respecting the matter as unresolved due to a tie vote. (B)(i) Notwithstanding subdivision (A)(i), if the committee votes to dismiss a matter which is the subject of a referral from the board of the Office of Congressional Ethics, the committee is not required to make public the written report and findings described in such subdivision unless the committee's vote is inconsistent with the recommendation of the board. For purposes of the (ii) Notwithstanding subdivision (A)(ii), if the board transmits a report respecting any matter with a recommendation to dismiss or as unresolved due to a tie vote, and the matter is extended for an additional period as provided in subdivision (A), the committee is not required to make a public statement that the matter has been extended. (iii) Except as provided by subdivision (E), if the committee establishes an investigative subcommittee respecting any such matter, then the report and findings of the board shall not be made public until the conclusion of the investigative subcommittee process and the committee shall issue a public statement of the establishment of an investigative subcommittee, which statement shall include the name of the applicable Member, officer, or employee, and shall set forth the alleged violation. If any such investigative subcommittee does not conclude its review within one year after the board transmits a report respecting any matter, then the committee shall make public the report and upon the expiration of the Congress in which the report is made public, the committee shall make public any findings. [[Page 584]] Congressional Ethics or of a referral of the matter from the board pursuant to a request under paragraph (r), the committee agrees to a request from an appropriate law enforcement or regulatory authority to defer taking action on the matter-- (C)(i) If, after receipt of a written report and any findings and supporting documentation regarding a referral from the board of the Office of (I) notwithstanding subdivision (A)(i), the committee is not required to make public the written report and findings described in such subdivision, except that if the recommendation of the board with respect to the report is that the matter requires further review, the committee shall make public the written report but not the findings; and (II) before the end of the first day (excluding Saturdays, Sundays, and public holidays) after the day that the committee agrees to the request, the committee shall make a public statement that it is deferring taking action on the matter at the request of such authority. (ii) If, upon the expiration of the one-year period that begins on the date the committee makes the public statement described in item (i)(II), the committee has not acted on the matter, the committee shall make a new public statement that it is still deferring taking action on the matter, and shall make a new statement upon the expiration of each succeeding one-year period during which the committee has not acted on the matter. [[Page 585]] local election in which the subject of the referral is a candidate. The committee may delay any reporting requirement under this subparagraph that falls within that 60-day period until the end of such period and in that case, for purposes of subdivision (A), days within the 60-day period shall not be counted. (D) The committee may not receive any referral from the board of the Office of Congressional Ethics within 60 days before a Federal, State, or (E) If, at the close of any applicable period for a reporting requirement under this subparagraph with respect to a referral from the board of the Office of Congressional Ethics, the vote of the committee is a tie or the committee fails to act, the report and the findings of the board shall be made public by the committee, along with a public statement by the chair explaining the status of the matter. (c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the Committee on Ethics or a subcommittee thereof shall occur in executive session unless the committee or subcommittee, by an affirmative vote of a majority of its members, opens the meeting to the public. (2) Notwithstanding clause 2(g)(2) of rule XI, each hearing of an adjudicatory subcommittee or sanction hearing of the Committee on Ethics shall be held in open session unless the committee or subcommittee, in open session by an affirmative vote of a majority of its members, closes all or part of the remainder of the hearing on that day to the public. [[Page 586]] clause 5(a)(4) of rule X and shared staff, may have access to information that is confidential under the rules of the committee, the following oath (or affirmation) shall be executed: (d) Before a member, officer, or employee of the Committee on Ethics, including members of a subcommittee of the committee selected under ``I do solemnly swear (or affirm) that I will not disclose, to any person or entity outside the Committee on Ethics, any information received in the course of my service with the committee, except as authorized by the committee or in accordance with its rules.'' Copies of the executed oath shall be retained by the Clerk as part of the records of the House. This paragraph establishes a standard of conduct within the meaning of paragraph (a)(2). Breaches of confidentiality shall be investigated by the Committee on Ethics and appropriate action shall be taken. (e)(1) If a complaint or information offered as a complaint is deemed frivolous by an affirmative vote of a majority of the members of the Committee on Ethics, the committee may take such action as it, by an affirmative vote of a majority of its members, considers appropriate in the circumstances. (2) Complaints filed before the One Hundred Fifth Congress may not be deemed frivolous by the Committee on Ethics. [[Page 587]] ing minority member, with respect to a properly filed complaint, to gather additional information or to establish an investigative subcommittee (sec. 11, H. Res. 168, Sept. 18, 1997, p. 19318). Paragraph (b)(5) (formerly clause 4(e)(2)(E) of rule X) was added in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to provide a mechanism for a committee member to seek disqualification from participating in an investigation, and paragraph (b)(6) (formerly clause 4(e)(2)(F) of rule X) was added in the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8). For an example of a disqualification letter, see February 17, 2012, p. _. The investigative authority contained in this provision (formerly clause 4(e) of rule X) was first conferred upon the committee in the 90th Congress (H. Res. 1099, Apr. 3, 1968, p. 8802). Effective January 3, 1975, the former requirement in paragraph (b)(1)(A) (formerly clause 4(e)(2)(A) of rule X) that not less than seven committee members authorize an investigation was changed to permit a majority of the committee to provide that authorization (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). That provision was further amended in the 105th Congress to permit the chair and rank This provision was amended in several particulars by the Ethics Reform Act of 1989 (P.L. 101-194): (1) paragraph (a)(1) (formerly clause 4(e)(1)(A) of rule X) was amended to enable a letter of reproval or other administrative action of the committee to be implemented as part of a report to the House, with no action required of the House; (2) paragraph (a)(2) (formerly clause 4(e)(1)(B) of rule X) was amended to require the committee to report to the House its findings of fact and any recommendations respecting the final disposition of a matter in which it votes to undertake an investigation; (3) a new paragraph (a)(4) (formerly clause 4(e)(1)(E) of rule X) was added to empower the committee to consider requests that the rule restricting the acceptance of gifts be waived in exceptional circumstances; and (4) paragraph (b)(3) (formerly clause 4(e)(2)(C) of rule X) was amended to set a general limitation on actions for committee consideration of ethics matters. In the beginning of the 105th Congress a subparagraph (3) was added at the end of former clause 4(e) of rule X to establish a Select Committee on Ethics only to resolve a specific inquiry originally undertaken by the standing Committee on Standards of Official Conduct in the 104th Congress but not concluded (H. Res. 5, Jan. 7, 1997, p. 121). The select committee filed one report to the House (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. 393). The current form of paragraph (c) (formerly clause 4(e)(3) of rule X) was adopted later in the 105th Congress (sec. 5, H. Res. 168, Sept. 18, 1997, p. 19318). [[Page 588]] the 110th Congress, effective March 1, 2007 (sec. 211, H. Res. 6, Jan. 4, 2007, p. 19). Paragraphs (b)(2)(C) and (b)(8) were added in the 110th Congress (H. Res. 895, Mar. 11, 2008, p. 3471). Gender-based references were eliminated in the 111th Congress, and paragraph (b)(5) was amended to clarify the disqualification process (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). Amendments were effected in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Paragraph (b)(8) was amended in the 113th Congress to clarify the circumstances in which certain public statements are not required to be made (sec. 2(e)(1), H. Res. 5, Jan. 3, 2013, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4(e) of rule X and paragraph (b)(7) was found in former clause 1(p) of rule X (H. Res. 5, Jan. 6, 1999, p. 47). Additional amendments to this provision were adopted in the 105th Congress as follows: (1) paragraphs (d) and (e) (formerly clauses 4(e)(4) and 4(e)(5)) were adopted (sec. 6 and sec. 19, H. Res. 168, Sept. 18, 1997, pp. 19318, 19320); (2) paragraph (b)(2) (formerly clause 4(e)(2)(B) of rule X) was amended to address the disposition of a complaint after expiration of periods set forth in the committee rules and to specify parameters for the filing of complaints by non-Members (sec. 11, H. Res. 168, Sept. 18, 1997, p. 19318); and (3) paragraph (a)(3) (formerly clause 4(e)(1)(C) of rule X) was amended to permit the committee to report to the appropriate authorities substantial evidence of a violation of law by an affirmative vote of two-thirds of the members of the committee without the approval of the House (sec. 18, H. Res. 168, Sept. 18, 1997, p. 19320). Paragraph (a)(5) was amended in the 107th Congress to reflect the redesignation of a rule (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24). Paragraph (a)(6) was added in In the 110th, 111th, 112th, and 113th Congresses, the House directed the committee to empanel an investigative subcommittee upon a Member being indicted or otherwise formally charged with criminal conduct, or to report to the House if it decides not to so empanel a subcommittee (H. Res. 451, June 5, 2007, p. 14605; sec. 4(e), H. Res. 5, Jan. 6, 2009, p. _; sec. 4(d), H. Res. 5, Jan. 5, 2011, p. _; sec. 4(e), H. Res. 5, Jan. 3, 2013, p. _). Committee agendas In the 110th Congress, the House adopted a resolution establishing an independent Office of Congressional Ethics to investigate individually- initiated alleged ethics violations and to report its recommendations to the Committee (Mar. 11, 2008, p. 3741). The 111th, 112th, and 113th Congresses re-established the office with a modification on its authority to engage consultants (sec. 4(d), H. Res. 5, Jan. 6, 2009, p. 12; sec. 4(c), H. Res. 5, Jan. 5, 2011, p. _; sec. 4(d), H. Res. 5, Jan. 3, 2013, p. _).
806a. Ethics; committee rules. (f) The committee shall adopt rules providing that the chair shall establish the agenda for meetings of the committee, but shall not preclude the ranking minority member from placing any item on the agenda. Committee staff
(g)(1) The committee shall adopt rules providing that-- [[Page 589]] (A) the staff be assembled and retained as a professional, nonpartisan staff; (B) each member of the staff shall be professional and demonstrably qualified for the position for which hired; (C) the staff as a whole and each member of the staff shall perform all official duties in a nonpartisan manner; (D) no member of the staff shall engage in any partisan political activity directly affecting any congressional or presidential election; (E) no member of the staff or outside counsel may accept public speaking engagements or write for publication on any subject that is in any way related to the employment or duties with the committee of such individual without specific prior approval from the chair and ranking minority member; and (F) no member of the staff or outside counsel may make public, unless approved by an affirmative vote of a majority of the members of the committee, any information, document, or other material that is confidential, derived from executive session, or classified and that is obtained during the course of employment with the committee. (2) Only subdivisions (C), (E), and (F) of subparagraph (1) shall apply to shared staff. [[Page 590]] (3)(A) All staff members shall be appointed by an affirmative vote of a majority of the members of the committee. Such vote shall occur at the first meeting of the membership of the committee during each Congress and as necessary during the Congress. (B) Subject to the approval of the Committee on House Administration, the committee may retain counsel not employed by the House of Representatives whenever the committee determines, by an affirmative vote of a majority of the members of the committee, that the retention of outside counsel is necessary and appropriate. (C) If the committee determines that it is necessary to retain staff members for the purpose of a particular investigation or other proceeding, then such staff shall be retained only for the duration of that particular investigation or proceeding. (D) Outside counsel may be dismissed before the end of a contract between the committee and such counsel only by an affirmative vote of a majority of the members of the committee. (4) In addition to any other staff provided for by law, rule, or other authority, with respect to the committee, the chair and ranking minority member each may appoint one individual as a shared staff member from the respective personal staff of the chair or ranking minority member to perform service for the committee. Such shared staff may assist the chair or ranking minority member on any subcommittee on which the chair or ranking minority member serves. Meetings and hearings [[Page 591]] (h) The committee shall adopt rules providing that-- (1) all meetings or hearings of the committee or any subcommittee thereof, other than any hearing held by an adjudicatory subcommittee or any sanction hearing held by the committee, shall occur in executive session unless the committee or subcommittee by an affirmative vote of a majority of its members opens the meeting or hearing to the public; and (2) any hearing held by an adjudicatory subcommittee or any sanction hearing held by the committee shall be open to the public unless the committee or subcommittee by an affirmative vote of a majority of its members closes the hearing to the public. Public disclosure (i) The committee shall adopt rules providing that, unless otherwise determined by a vote of the committee, only the chair or ranking minority member, after consultation with each other, may make public statements regarding matters before the committee or any subcommittee thereof. Requirements to constitute a complaint [[Page 592]] rules of the committee for what constitutes a complaint. Duties of chair and ranking minority member regarding properly filed (j) The committee shall adopt rules regarding complaints to provide that whenever information offered as a complaint is submitted to the committee, the chair and ranking minority member shall have 14 calendar days or five legislative days, whichever is sooner, to determine whether the information meets the requirements of the complaints (k)(1) The committee shall adopt rules providing that whenever the chair and ranking minority member jointly determine that information submitted to the committee meets the requirements of the rules of the committee for what constitutes a complaint, they shall have 45 calendar days or five legislative days, whichever is later, after that determination (unless the committee by an affirmative vote of a majority of its members votes otherwise) to-- (A) recommend to the committee that it dispose of the complaint, or any portion thereof, in any manner that does not require action by the House, which may include dismissal of the complaint or resolution of the complaint by a letter to the Member, officer, or employee of the House against whom the complaint is made; (B) establish an investigative subcommittee; or (C) request that the committee extend the applicable 45-calendar day or five-legislative day period by one additional 45-calendar day period when they determine more time is necessary in order to make a recommendation under subdivision (A). [[Page 593]] the committee meets the requirements of the rules of the committee for what constitutes a complaint, and the complaint is not disposed of within the applicable time periods under subparagraph (1), then they shall establish an investigative subcommittee and forward the complaint, or any portion thereof, to that subcommittee for its consideration. However, if, at any time during those periods, either the chair or ranking minority member places on the agenda the issue of whether to establish an investigative subcommittee, then an investigative subcommittee may be established only by an affirmative vote of a majority of the members of the committee. Duties of chair and ranking minority member regarding information not (2) The committee shall adopt rules providing that if the chair and ranking minority member jointly determine that information submitted to constituting a complaint (l) The committee shall adopt rules providing that whenever the chair and ranking minority member jointly determine that information submitted to the committee does not meet the requirements of the rules of the committee for what constitutes a complaint, they may-- (1) return the information to the complainant with a statement that it fails to meet the requirements of the rules of the committee for what constitutes a complaint; or [[Page 594]] Investigative and adjudicatory subcommittees (2) recommend to the committee that it authorize the establishment of an investigative subcommittee. (m) The committee shall adopt rules providing that-- (1)(A) an investigative subcommittee shall be composed of four Members (with equal representation from the majority and minority parties) whenever such a subcommittee is established pursuant to the rules of the committee; (B) an adjudicatory subcommittee shall be composed of the members of the committee who did not serve on the pertinent investigative subcommittee (with equal representation from the majority and minority parties) whenever such a subcommittee is established pursuant to the rules of the committee; and (C) notwithstanding any other provision of this clause, the chair and ranking minority member of the committee may consult with an investigative subcommittee either on their own initiative or on the initiative of the subcommittee, shall have access to information before a subcommittee with which they so consult, and shall not thereby be precluded from serving as full, voting members of any adjudicatory subcommittee; [[Page 595]] (2) at the time of appointment, the chair shall designate one member of a subcommittee to serve as chair and the ranking minority member shall designate one member of the subcommittee to serve as the ranking minority member; and (3) the chair and ranking minority member of the committee may serve as members of an investigative subcommittee, but may not serve as non-voting, ex officio members. Standard of proof for adoption of statement of alleged violation (n) The committee shall adopt rules to provide that an investigative subcommittee may adopt a statement of alleged violation only if it determines by an affirmative vote of a majority of the members of the subcommittee that there is substantial reason to believe that a violation of the Code of Official Conduct, or of a law, rule, regulation, or other standard of conduct applicable to the performance of official duties or the discharge of official responsibilities by a Member, officer, or employee of the House of Representatives, has occurred. Subcommittee powers (o)(1) The committee shall adopt rules providing that an investigative subcommittee or an adjudicatory subcommittee may authorize and issue subpoenas only when authorized by an affirmative vote of a majority of the members of the subcommittee. [[Page 596]] (2) The committee shall adopt rules providing that an investigative subcommittee may, upon an affirmative vote of a majority of its members, expand the scope of its investigation when approved by an affirmative vote of a majority of the members of the committee. (3) The committee shall adopt rules to provide that-- (A) an investigative subcommittee may, upon an affirmative vote of a majority of its members, amend its statement of alleged violation anytime before the statement of alleged violation is transmitted to the committee; and (B) if an investigative subcommittee amends its statement of alleged violation, the respondent shall be notified in writing and shall have 30 calendar days from the date of that notification to file an answer to the amended statement of alleged violation. Due process rights of respondents (p) The committee shall adopt rules to provide that-- [[Page 597]] that evidence is being withheld and of the count to which such evidence relates; (1) not less than 10 calendar days before a scheduled vote by an investigative subcommittee on a statement of alleged violation, the subcommittee shall provide the respondent with a copy of the statement of alleged violation it intends to adopt together with all evidence it intends to use to prove those charges which it intends to adopt, including documentary evidence, witness testimony, memoranda of witness interviews, and physical evidence, unless the subcommittee by an affirmative vote of a majority of its members decides to withhold certain evidence in order to protect a witness; but if such evidence is withheld, the subcommittee shall inform the respondent (2) neither the respondent nor the counsel of the respondent shall, directly or indirectly, contact the subcommittee or any member thereof during the period of time set forth in paragraph (1) except for the sole purpose of settlement discussions where counsel for the respondent and the subcommittee are present; (3) if, at any time after the issuance of a statement of alleged violation, the committee or any subcommittee thereof determines that it intends to use evidence not provided to a respondent under paragraph (1) to prove the charges contained in the statement of alleged violation (or any amendment thereof), such evidence shall be made immediately available to the respondent, and it may be used in any further proceeding under the rules of the committee; (4) evidence provided pursuant to paragraph (1) or (3) shall be made available to the respondent and the counsel of the respondent only after each agrees, in writing, that no document, information, or other materials obtained pursuant to that paragraph shall be made public until-- [[Page 598]] (A) such time as a statement of alleged violation is made public by the committee if the respondent has waived the adjudicatory hearing; or (B) the commencement of an adjudicatory hearing if the respondent has not waived an adjudicatory hearing; but the failure of respondent and the counsel of the respondent to so agree in writing, and their consequent failure to receive the evidence, shall not preclude the issuance of a statement of alleged violation at the end of the period referred to in paragraph (1); (5) a respondent shall receive written notice whenever-- (A) the chair and ranking minority member determine that information the committee has received constitutes a complaint; (B) a complaint or allegation is transmitted to an investigative subcommittee; (C) an investigative subcommittee votes to authorize its first subpoena or to take testimony under oath, whichever occurs first; or (D) an investigative subcommittee votes to expand the scope of its investigation; (6) whenever an investigative subcommittee adopts a statement of alleged violation and a respondent enters into an agreement with that subcommittee to settle a complaint on which that statement is based, that agreement, unless the respondent requests otherwise, shall be in writing and signed by the respondent and respondent's counsel, the chair and ranking minority member of the subcommittee, and the outside counsel, if any; [[Page 599]] ent during any settlement discussions between the committee or a subcommittee thereof and the respondent shall not be included in any report of the subcommittee or the committee or otherwise publicly disclosed without the consent of the respondent; and (7) statements or information derived solely from a respondent or the counsel of a respond (8) whenever a motion to establish an investigative subcommittee does not prevail, the committee shall promptly send a letter to the respondent informing the respondent of such vote. Committee reporting requirements (q) The committee shall adopt rules to provide that-- (1) whenever an investigative subcommittee does not adopt a statement of alleged violation and transmits a report to that effect to the committee, the committee may by an affirmative vote of a majority of its members transmit such report to the House of Representatives; (2) whenever an investigative subcommittee adopts a statement of alleged violation, the respondent admits to the violations set forth in such statement, the respondent waives the right to an adjudicatory hearing, and the respondent's waiver is approved by the committee-- [[Page 600]] fore the subcommittee votes on whether to adopt the report; (A) the subcommittee shall prepare a report for transmittal to the committee, a final draft of which shall be provided to the respondent not less than 15 calendar days be (B) the respondent may submit views in writing regarding the final draft to the subcommittee within seven calendar days of receipt of that draft; (C) the subcommittee shall transmit a report to the committee regarding the statement of alleged violation together with any views submitted by the respondent pursuant to subdivision (B), and the committee shall make the report together with the respondent's views available to the public before the commencement of any sanction hearing; and (D) the committee shall by an affirmative vote of a majority of its members issue a report and transmit such report to the House of Representatives, together with the respondent's views previously submitted pursuant to subdivision (B) and any additional views respondent may submit for attachment to the final report; and (3) members of the committee shall have not less than 72 hours to review any report transmitted to the committee by an investigative subcommittee before both the commencement of a sanction hearing and the committee vote on whether to adopt the report. [[Page 601]] investigating such matter, the committee may at any time so notify the board and request that the board cease its review and refer the matter to the committee for its consideration. If at the end of the applicable time period (including any permissible extension) the committee has not reached a final resolution of the matter or has not referred the matter to the appropriate Federal or State authorities, the committee shall so notify the board of the Office of Congressional Ethics in writing. The committee may not request the same matter from the board more than one time. (r) Upon receipt of any written notification from the board of the Office of Congressional Ethics that the board is undertaking a review of any alleged conduct of any Member, officer, or employee of the House and if the committee is [[Page 602]] ment to paragraph (o)(2) was effected in the 112th Congress (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. _). An erroneous designation in paragraph (h) was corrected in the 113th Congress (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). In the 105th Congress a 12-member bipartisan task force was informally appointed by the Majority and Minority Leaders to conduct a comprehensive review of the House ethics process. At the same time an order of the House was adopted imposing a moratorium on filing or processing ethics complaints and on raising certain questions of privilege under rule IX with respect to official conduct. The moratorium was imposed with the expectation that the recommendations of the task force would include changes relating to the Committee on Standards of Official Conduct (now Ethics) and the process by which the House enforces standards of official conduct (Feb. 12, 1997, p. 2058). The moratorium was extended through September 10, 1997 (July 30, 1997, p. 16958). On September 18, 1997, the House adopted the recommendations of the task force with certain amendments (H. Res. 168, 105th Cong., p. 19340), which included not only changes to the standing Rules of the House but also free-standing directives to the Committee on Standards of Official Conduct, which were reaffirmed for the 106th Congress (sec. 2(c), H. Res. 5, Jan. 6, 1999, p. 47) and again for the 107th Congress with an exception to section 13 (sec. 3(a), H. Res. 5, Jan. 3, 2001, p. 24). In the 108th Congress the pertinent free-standing provisions were codified (including the exception to section 13 added in the 107th Congress) as new paragraphs (f) through (q) of clause 3 (sec. 2(h), H. Res. 5, Jan. 7, 2003, p. 7). On the opening day of the 109th Congress, various changes were made to paragraphs (b), (k), (p), and (q) (sec. 2(k), H. Res. 5, Jan. 4, 2005, p. 43). Later in the 109th Congress, those changes were redacted and the affected provisions as they existed at the close of the 108th Congress were reinstated (H. Res. 240, Apr. 27, 2005, p. 8045). Paragraph (r) was added in the 110th Congress (H. Res. 895, Mar. 11, 2008, p. 3741). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). A technical amend Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) contains several free-standing provisions, which are carried in this annotation. The requirement that the respective party caucuses nominate seven majority and seven minority members should be read in light of clause 5 of rule X, setting the composition of the committee at 10, five from the majority and five from the minority. The requirement that the committee adopt rules establishing investigative and adjudicative subcommittees should be read in light of clause 3(m), which constitutes the same requirement. The references to clause 5(d) of rule XI applied to a former rule regarding minority staffing requirements, which was eliminated in the 104th Congress (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). ``Sec. 803. Reforms Respecting the Committee on Standards of Official __________ Conduct.-- * * * ``(b) committee composition.--The respective party caucus or conference of the House of Representatives shall each nominate to the House of Representatives at the beginning of each Congress 7 members to serve on the Committee on Standards of Official Conduct. ``(c) investigative subcommittees.--The Committee on Standards of Official Conduct shall adopt rules providing-- ``(1) for the establishment of a 4 or 6-member investigative subcommittee (with equal representation from the majority and minority parties) whenever the committee votes to undertake any investigation; ``(2) that the senior majority and minority members on an investigative subcommittee shall serve as the chairman and ranking minority member of the subcommittee; and ``(3) that the chairman and ranking minority member of the full committee may only serve as non-voting, ex officio members on an investigative subcommittee. ``Clause 5(d) of rule XI of the Rules of the House of Representatives shall not apply to any investigative subcommittee. ``(d) adjudicatory subcommittees.--The Committee on Standards of Official Conduct shall adopt rules providing-- ``(1) that upon the completion of an investigation, an investigative subcommittee shall report its findings and recommendations to the committee; ``(2) that, if an investigative subcommittee by majority vote of its membership adopts a statement of alleged violation, the [[Page 603]] remaining members of the committee shall comprise an adjudicatory subcommittee to hold a disciplinary hearing on the violation alleged in the statement; ``(3) that any statement of alleged violation and any written response thereto shall be made public at the first meeting or hearing on the matter which is open to the public after the respondent has been given full opportunity to respond to the statement in accordance with committee rules, but, if no public hearing or meeting is held on the matter, the statement of alleged violation and any written response thereto shall be included in the committee's final report to the House of Representatives as required by clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives; ``(4) that a quorum for an adjudicatory subcommittee for the purpose of taking testimony and conducting any business shall consist of a majority of the membership of the subcommittee plus one; and ``(5) that an adjudicatory subcommittee shall determine, after receiving evidence, whether the counts in the statement have been proved and shall report its findings to the committee. ``Clause 5(d) of rule XI of the Rules of the House of Representatives shall not apply to any adjudicatory subcommittee. * * * ``(i) advice and education.--(1) The Committee on Standards of Official Conduct shall establish within the Committee an Office on Advice and Education (hereinafter in this subsection referred to as the `Office') under the supervision of the chairman. ``(2) The Office shall be headed by a director who shall be appointed by the chairman, in consultation with the ranking minority member, and shall be comprised of such staff as the chairman determines is necessary to carry out the responsibilities of the Office. ``(3) The primary responsibilities of the Office shall include: ``(A) Providing information and guidance to Members, officers and employees of the House regarding any laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities, and any interpretations and advisory opinions of the committee. ``(B) Submitting to the chairman and ranking minority member of the committee any written request from any such Member, officer or employee for an interpretation of applicable laws, rules, regulations, or other standards of conduct, together with any recommendations thereon. ``(C) Recommending to the committee for its consideration formal advisory opinions of general applicability. ``(D) Developing and carrying out, subject to the approval of the chairman, periodic educational briefings [[Page 604]] for Members, offi cers and employees of the House on those laws, rules, regulations, or other standards of conduct applicable to them. ``(4) No information provided to the Committee on Standards of Official Conduct by a Member, officer or employee of the House of Representatives when seeking advice regarding prospective conduct of such Member, officer or employee may be used as the basis for initiating an investigation under clause 4(e)(1)(B) of rule X of the Rules of the House of Representatives, if such Member, officer or employee acts in accordance with the written advice of the committee.''. __________ [[Page 605]] On occasions in which the House has directed the committee to conduct specific investigations by separate resolution, it has authorized the committee to take depositions with one member present, notwithstanding clause 2(h) of rule XI, to serve subpoenas, to participate by special counsel in relevant judicial proceedings (see H. Res. 252, 95th Cong., Feb. 9, 1977, pp. 3966-75; H. Res. 608, Mar. 27, 1980, pp. 6995-98; H. Res. 254, June 30, 1983, p. 18279), and to investigate persons other than Members, officers and employees with expanded subpoena authority (see H. Res. 1054, 94th Cong., Mar. 3, 1976, pp. 5165-68). By unanimous consent the committee was authorized to receive evidence and take testimony before a quorum of one of its members for the remainder of the second session of the 100th Congress (Oct. 13, 1988, p. 30467). By resolutions considered as questions of the privileges of the House, the committee has been directed to investigate illegal solicitation of political contributions in the House Office Building by unnamed sitting Members (July 10, 1985, p. 18397); to review GAO audits of the operations of the ``bank'' in the Office of the Sergeant-at-Arms (Oct. 3, 1991, p. 25435), to disclose the names and pertinent account information of Members and former Members found to have abused the privileges of that entity (Mar. 12, 1992, p. 5519), and to disclose further account information respecting Members and former Members having checks held by that entity (Mar. 12, 1992, p. 5534); and to investigate violations of confidentiality by staff engaged in the investigation of the operation and management of the Office of the Postmaster (July 22, 1992, p. 18786). In compliance with one such direction of the House, the acting chair of the Committee on Standards of Official Conduct (now Ethics) inserted in the Record names and pertinent account information of Members and former Members found to have abused the privileges of the ``bank'' in the Office of the Sergeant-at-Arms (H. Res. 393, Apr. 1, 1992, p. 7888). In the 106th Congress the chair of the Committee on Standards of Official Conduct inserted in the Record an explanation of the committee's amendment to committee rule 20(f) to reflect that the full committee retains discretion whether to report to the House that an investigative subcommittee has not adopted a statement of alleged violation (Apr. 13, 2000, p. 5631). In the 106th Congress the committee filed a report issuing a letter of reproval regarding the conduct of a Member (Oct. 16, 2000, p. 22834). Under clause 3(b)(4) (formerly clause 4(e)(2)(D) of rule X), a member of the Committee on Ethics is ineligible to participate in a committee proceeding relating to that member's official conduct. Upon notification to the Speaker of such ineligibility, the Speaker designates another Member of the same political party as the ineligible member to serve on the committee during proceedings relating to that conduct (Speaker O'Neill, Feb. 5, 1980, p. 1908; July 23, 1996, p. 18596). Under clause 3(b)(5) (formerly clause 4(e)(2)(E) of rule X), a member of the committee may be recused from serving on the committee during proceedings relating to a pending investigation by submitting an affidavit of disqualification to the committee stating that the member cannot render an impartial and unbiased decision relating to that investigation. If the committee accepts the affidavit, the chair notifies the Speaker and requests the Speaker to designate another Member from the same political party as the disqualified member to serve on the committee during proceedings relating to that investigation (Speaker O'Neill, Mar. 18, 1980). Audio and visual coverage of committee proceedings The committee has compiled statutory and rule-based ethical standards in the House Ethics Manual (110th Cong., 2d Sess.). In the Manual, the committee incorporates its advisory opinions issued under clause 3(a)(4) (formerly clause 4(e)(1)(D) of rule X), together with advisory opinions issued by the former Select Committee on Ethics, in its discussions of various ethical issues, including gifts, outside income, financial disclosure, staff rights and duties, official allowances and franking, casework considerations, campaign financing and practices, and involvement with official and unofficial organizations. The committee is required to issue interpretive guidance regarding the prohibition on use of nonpublic information for private profit (sec. 3, P.L. 112-105).
807. Coverage of committee proceedings. 4. (a) The purpose of this clause is to provide a means, in conformity with acceptable standards of dignity, propriety, and decorum, by which committee hearings or committee meetings that are open to the public may be covered by audio and visual means--
[[Page 606]] of the House as a legislative and representative body, and regarding the measures, public issues, and other matters before the House and its committees, the consideration thereof, and the action taken thereon; and (1) for the education, enlightenment, and information of the general public, on the basis of accurate and impartial news coverage, regarding the operations, procedures, and practices (2) for the development of the perspective and understanding of the general public with respect to the role and function of the House under the Constitution as an institution of the Federal Government. (b) In addition, it is the intent of this clause that radio and television tapes and television film of any coverage under this clause may not be used, or made available for use, as partisan political campaign material to promote or oppose the candidacy of any person for elective public office.
Sec. 808. Media coverage. (c) It is, further, the intent of this clause that the general conduct of each meeting (whether of a hearing or otherwise) covered under authority of this clause by audio or visual means, and the personal behavior of the committee members and staff, other Government officials and personnel, witnesses, television, radio, and press media personnel, and the general public at the hearing or other meeting, shall be in strict conformity with and observance of the acceptable standards of dignity, propriety, courtesy, and decorum traditionally observed by the House in its operations, and may not be such as to--
[[Page 607]] committee members in connection with that hearing or meeting or in connection with the general work of the committee or of the House; or (1) distort the objects and purposes of the hearing or other meeting or the activities of (2) cast discredit or dishonor on the House, the committee, or a Member, Delegate, or Resident Commissioner or bring the House, the committee, or a Member, Delegate, or Resident Commissioner into disrepute. (d) The coverage of committee hearings and meetings by audio and visual means shall be permitted and conducted only in strict conformity with the purposes, provisions, and requirements of this clause.
Sec. 809. When permitted. (e) Whenever a hearing or meeting conducted by a committee or subcommittee is open to the public, those proceedings shall be open to coverage by audio and visual means. A committee or subcommittee chair may not limit the number of television or still cameras to fewer than two representatives from each medium (except for legitimate space or safety considerations, in which case pool coverage shall be authorized).
Sec. 810. Committee rules. (f) Each committee shall adopt written rules to govern its implementation of this clause. Such rules shall contain provisions to the following effect:
[[Page 608]] (1) If audio or visual coverage of the hearing or meeting is to be presented to the public as live coverage, that coverage shall be conducted and presented without commercial sponsorship. (2) The allocation among the television media of the positions or the number of television cameras permitted by a committee or subcommittee chair in a hearing or meeting room shall be in accordance with fair and equitable procedures devised by the Executive Committee of the Radio and Television Correspondents' Galleries. (3) Television cameras shall be placed so as not to obstruct in any way the space between a witness giving evidence or testimony and any member of the committee or the visibility of that witness and that member to each other. (4) Television cameras shall operate from fixed positions but may not be placed in positions that obstruct unnecessarily the coverage of the hearing or meeting by the other media. (5) Equipment necessary for coverage by the television and radio media may not be installed in, or removed from, the hearing or meeting room while the committee is in session. (6)(A) Except as provided in subdivision (B), floodlights, spotlights, strobelights, and flash- guns may not be used in providing any method of coverage of the hearing or meeting. [[Page 609]] hearing or meeting at the current state of the art of television coverage. (B) The television media may install additional lighting in a hearing or meeting room, without cost to the Government, in order to raise the ambient lighting level in a hearing or meeting room to the lowest level necessary to provide adequate television coverage of a (7) If requests are made by more of the media than will be permitted by a committee or subcommittee chair for coverage of a hearing or meeting by still photography, that coverage shall be permitted on the basis of a fair and equitable pool arrangement devised by the Standing Committee of Press Photographers.
Sec. 811. Press photographers. (8) Photographers may not position themselves between the witness table and the members of the committee at any time during the course of a hearing or meeting.
(9) Photographers may not place themselves in positions that obstruct unnecessarily the coverage of the hearing by the other media. (10) Personnel providing coverage by the television and radio media shall be currently accredited to the Radio and Television Correspondents' Galleries.
Sec. 812. Accreditation. (11) Personnel providing coverage by still photography shall be currently accredited to the Press Photographers' Gallery.
(12) Personnel providing coverage by the television and radio media and by still photography shall conduct themselves and their coverage activities in an orderly and unobtrusive manner. [[Page 610]] committees to adopt rules allowing coverage of committee meetings as well as hearings(H. Res. 1107, July 22, 1974, p. 24447). Paragraphs (e), (f)(3), (f)(5), and (f)(8) of this clause were amended in the 99th Congress to remove the limit on the number of television cameras (previously four) and press photographers (previously five) covering committee proceedings, and to provide the committee or subcommittee chair with the discretion to determine the appropriate number (H. Res. 7, Jan. 3, 1985, p. 393). Paragraph (f)(7) was amended in the 112th Congress to remove obsolete references to news organizations (sec. 2(e)(3), H. Res. 5, Jan. 5, 2011, p. _). At the beginning of the 104th Congress paragraph (d) was amended to delete the former characterization of broadcast and photographic coverage of committee meetings and hearings as ``a privilege made available by the House,'' and paragraph (e) was amended to eliminate the requirement that a committee vote to permit broadcast and photographic coverage of open hearings and meetings and to prohibit chairs from limiting coverage to less than two representatives from each medium, except if space or safety considerations warrant pool coverage (sec. 105, H. Res. 6, Jan. 4, 1995, p. 463). Later in the 104th Congress this clause was again amended to make conforming changes in its heading and in paragraph (f) (H. Res. 254, Nov. 30, 1995, p. 35077). Former clause 4(f)(2), permitting a witness to terminate audio and visual (including photographic) coverage, was eliminated in the 105th Congress (H. Res. 301, Nov. 12, 1997, p. 26041). Gender-based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 3 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). Pay of witnesses The rule permitting broadcasting of committee hearings was contained in section 116(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 93d Congress, the rule was amended to permit
813. Fees of witnesses before the House or committees. 5. Witnesses appearing before the House or any of its committees shall be paid the same per diem rate as established, authorized, and regulated by the Committee on House Administration for Members, Delegates, the Resident Commissioner, and employees of the House, plus actual expenses of travel to or from the place of examination. Such per diem may not be paid when a witness has been summoned at the place of examination.
[[Page 611]] 12, 1969 (H. Res. 495, 91st Cong., p. 23355), and July 28, 1975 (H. Res. 517, 94th Cong. p. 25258). The last amendment eliminated the specific per diem and travel rate of reimbursement and allowed actual travel costs and per diem for witnesses requested or subpoenaed to appear at the same rate as established by the Committee on House Administration for Members and employees. In the 104th and 106th Congresses it was amended to conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XXXV (H. Res. 5, Jan. 6, 1999, p. 47). For further provisions relating to witnesses, see clauses 2(j) and (k) of rule XI (Sec. Sec. 802-803, supra). This clause (formerly rule XXXV) was adopted in 1872, with amendments in 1880 (III, 1825), 1930 (VI, 393), and on April 19, 1955 (p. 4722), August Unfinished business of the session Regulations of the Committee on House Administration do not permit per diem reimbursement for witnesses. Regulations for reimbursement of actual travel costs may be found in the Committees' Congressional Handbook, Committee on House Administration, under the section entitled ``Hearings and Meetings.''
814. Resumption of business of a preceding session. 6. All business of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress in the same manner as if no adjournment had taken place.
At first the Congress attempted to follow the rule of the English Parliament that business unfinished in one session should begin anew at the next; but in 1818, after an investigation of a joint committee in 1816, a rule was adopted that House bills remaining undetermined in the House should be continued at the next session after six days. This rule did not reach House bills sent to the Senate; but in 1848 the two Houses remedied this omission by a joint rule. Business referred to committees of the House was still subject to the old rule of Parliament; but in 1860 the present rule was adopted as a supplement to the rule of 1818. In 1890, desiring to do away with the limitation of the six days and apparently overlooking the main purpose of the rule of 1818, the House rescinded that limitation. Also, in 1876 the joint rules were abrogated, leaving no provision, except the headline of the rule, for the continuance of business not before committees. The practice, however, had become so well established that no question has ever been raised (V, 6727). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XXVI (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 612]] and signed by the presiding officers of the two Houses at the close of one session they were sent to the President and approved at the beginning of the next session (IV, 3486-3488). The business of conferences between the two Houses is not interrupted by an adjournment of a session that does not terminate the Congress (V, 6260-6262), and if one House asks a conference at one session the other may agree to it in the next session (V, 6286). Where bills were enrolled Rule XII Messages receipt and referral of measures and matters
815. Entry of messages in the Journal and Record. 1. Messages received from the Senate, or from the President, shall be entered on the Journal and published in the Congressional Record of the proceedings of that day.
This provision was adopted in 1867 and amended in 1880 (V, 6593). It was renumbered January 3, 1953 (p. 24). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XXXIX (H. Res. 5, Jan. 6, 1999, p. 47). Referral The House may receive a message from the Senate when the Senate is not in session (VIII, 3338).
816. Referral procedures. 2. (a) The Speaker shall refer each bill, resolution, or other matter that relates to a subject listed under a standing committee named in clause 1 of rule X in accordance with the provisions of this clause.
[[Page 613]] clause only to the extent that they will contribute to the achievement of the objectives of this clause. (b) The Speaker shall refer matters under paragraph (a) in such manner as to ensure to the maximum extent feasible that each committee that has jurisdiction under clause 1 of rule X over the subject matter of a provision thereof may consider such provision and report to the House thereon. Precedents, rulings, or procedures in effect before the Ninety- Fourth Congress shall be applied to referrals under this (c) In carrying out paragraphs (a) and (b) with respect to the referral of a matter, the Speaker-- (1) shall designate a committee of primary jurisdiction (except where the Speaker determines that extraordinary circumstances justify review by more than one committee as though primary); (2) may refer the matter to one or more additional committees for consideration in sequence, either initially or after the matter has been reported by the committee of primary jurisdiction; (3) may refer portions of the matter reflecting different subjects and jurisdictions to one or more additional committees; (4) may refer the matter to a special, ad hoc committee appointed by the Speaker with the approval of the House, and including members of the committees of jurisdiction, for the specific purpose of considering that matter and reporting to the House thereon; (5) may subject a referral to appropriate time limitations; and (6) may make such other provision as may be considered appropriate. [[Page 614]] (H. Res. 5, pp. 53-70) to authorize the Speaker to place an appropriate time limit for consideration by the first committee or committees to which referred. In the 104th Congress paragraph (c) was again amended to require the Speaker to initially designate a committee of primary jurisdiction in each referral of a measure to more than one committee (sec. 205, H. Res. 6, Jan. 4, 1995, p. 467). In the 108th Congress the parenthetical exception in paragraph (c)(1) was added (sec. 2(i), H. Res. 5, Jan. 7, 2003, p. 7). A paragraph (e) was added to the clause on January 4, 1977 (H. Res. 5, pp. 53-70) to abolish the legislative jurisdiction in the House of the Joint Committee on Atomic Energy. The legislative jurisdiction of the Joint Committee was divided among the Committees on Armed Services (military applications of nuclear energy), Interior and Insular Affairs (now Natural Resources) (regulation of the domestic nuclear energy industry, since transferred to the Committee on Energy and Commerce in the 104th Congress), Foreign Affairs (nonproliferation of nuclear energy and international nuclear export agreements), Interstate and Foreign Commerce (now Energy and Commerce) (the same jurisdiction over nuclear energy as exercised over other energy), and Science, Space, and Technology (nondefense nuclear research and development). In addition, the Committee on Interstate and Foreign Commerce (now Energy and Commerce) was given oversight jurisdiction over all laws, programs, and government activities affecting nuclear energy. Paragraph (e) was deleted entirely in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98). At the same time the House deleted former paragraph (d), which required the Congressional Research Service of the Library of Congress to prepare factual descriptions of each bill or resolution introduced in the House to be published in the Congressional Record. A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 5 of rule X (H. Res. 5, Jan. 6, 1999, p. 47). This provision became effective as part of the rules on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Before that time a bill or resolution could not be divided for reference among two or more committees, although it contained matter properly within the jurisdiction of several committees (IV, 4361). Paragraph (c) was amended on January 4, 1977 An order of the House precluding or limiting the potential for organizational or legislative business on certain days was considered not to deprive Members of the privilege of introducing bills and resolutions during pro forma sessions on those days, such measures being numbered on the day introduced but not noted in the Record or referred to committee until the day on which business was resumed (H. Con. Res. 260, Nov. 26, 1991, p. 35840, extended by unanimous consent on Jan. 22, 1992, p. 149, and Jan. 28, 1992, p. 745; H. Res. 619, Dec. 16, 2005, p. 29054, amended by H. Res. 640, Dec. 18, 2005, p. 30378; H. Res. 877, Dec. 18, 2007, p. 35825). [[Page 615]] The Speaker also may set appropriate time limitations on the initial reference to each committee (Speaker O'Neill, Feb. 16, 1977, p. 4532; Speaker O'Neill, May 2, 1977, p. 13184). For example, the Speaker may refer a bill to two committees, with a time limit on one of the committees ending within a certain period after the other committee reports to the House (Speaker O'Neill, Jan. 27, 1983, p. 937; Speaker O'Neill, Feb. 2, 1983, p. 1492; Speaker Wright, Apr. 9, 1987, p. 8665) or with a time limit on one committee ending with a date certain (Speaker O'Neill, July 31, 1985, p. 21936; Speaker Hastert, Mar. 13, 2001, p. 3448; Speaker Hastert, July 26, 2002, p. 15146). The Speaker may discharge a committee from further consideration of a bill not reported by it within the time for which the bill was referred and place the bill on the appropriate calendar (Speaker O'Neill, May 8, 1978, p. 12924). Under clause 2(c), the Speaker may (1) refer a bill to more than one committee for their respective consideration of such provisions of the bill as fall within their jurisdiction (Speaker Albert, Feb. 25, 1976, p. 4315), (2) divide a matter for initial reference to committees (Speaker Albert, Feb. 4, 1975, p. 2253; Speaker Hastert, Apr. 26, 1999, p. 7354), or (3) refer designated portions of a bill to one committee while referring the entire bill to another committee (Speaker O'Neill, Mar. 3, 1982, p. 3155). Before paragraph (c) was amended in the 104th Congress to require the Speaker to designate a committee of primary jurisdiction, the Speaker announced at the convening of the 98th Congress that he would exercise his authority, in situations that warranted it, to designate a primary committee among those to which a bill was jointly referred, and to impose time limits on committees having a secondary interest following the report of the primary committee under a joint referral (Speaker O'Neill, Jan. 3, 1983, p. 54; reiterated by Speaker Foley, Jan. 5, 1993, p. 105). The Speaker may refer a bill primarily to one committee while also referring it initially to additional committees for time periods to be subsequently determined when the primary committee reports, in each case for consideration of matters within their respective jurisdictions (Speaker Gingrich, Jan. 4, 1995, p. 123). Pursuant to clause 2 of rule XIV (formerly clause 2 of rule XXIV), relating to messages from the Senate, the Speaker has discretionary authority to refer from the Speaker's table to standing committees, Senate amendments to House-passed bills, under any conditions permitted under this provision for introduced bills. The Speaker may for example impose a time limitation for consideration only of a portion of the Senate amendment, not germane to the original House bill, by the standing committee with subject-matter jurisdiction, without referring the remainder of the Senate amendment to the House committee with jurisdiction over the original House bill (Speaker O'Neill, H.R. 31, Mar. 26, 1981, p. 5397). Beginning with the 98th Congress, the Speaker announced a policy of referring nongermane Senate amendments under certain conditions (Speaker O'Neill, Jan. 3, 1983, p. 54; Speaker Foley, Jan. 5, 1993, p. 105). [[Page 616]] (Speaker O'Neill, Apr. 5, 1982, p. 6580; Speaker O'Neill, June 7, 1983, p. 14699; Speaker Wright, Sept. 9, 1987, p. 23648). For example, the Speaker sequentially referred a bill reported by the Committee on Energy and Commerce to the Committee on the Judiciary for a specified time for consideration of ``such provisions of the bill and amendment recommended by the Committee on Energy and Commerce as propose to narrow the purview of the Attorney General under section 271 of the Communications Act of 1934'' (Speaker Hastert, May 24, 2001, p. 9384). The Speaker exercised authority under this clause to sequentially refer a joint resolution making continuing appropriations, reported as privileged by the Committee on Appropriations, to the committee having legislative jurisdiction over a legislative provision in the resolution, without a time limitation on the sequential referral (Speaker O'Neill, Sept. 22, 1983, p. 25523).
Sec. 816a. Sequential referral procedures. Under clause 2(c), the Speaker has authority to sequentially refer a bill reported from a committee to other committees for a time certain for consideration of such portions of the bill as fall within their respective jurisdictions (Speaker Albert, Apr. 9, 1976, p. 10265; Speaker Albert, May 17, 1976, p. 14093). Under that authority, the Speaker may limit a sequential referral to matters having a direct effect on subjects within the committee's jurisdiction
The Speaker has sometimes announced the application of the authority on sequential referrals at the outset of a Congress. For example, in the 97th Congress, the Speaker announced that the sequential referral of a measure would be based on the subject matter of any amendment recommended by the reporting committee, as well as upon the original text of the measure (Speaker O'Neill, Jan. 5, 1981, pp. 115, 116). In the 100th Congress, the Speaker announced that, in certain cases, a sequential referral would be based only upon the text of a reported substitute amendment in lieu of original text (Speaker Wright, Jan. 6, 1987, p. 22). The Speaker has sequentially referred (1) a bill for consideration of the bill and amendment of the previous committee (Speaker O'Neill, Oct. 13, 1977, p. 33716); (2) a bill to two committees for different periods of time, solely for consideration of designated sections of the first committee's recommended amendment (Speaker O'Neill, May 18, 1982, p. 10418; Speaker O'Neill, Aug. 1, 1985, p. 22681); (3) a bill for consideration by a third committee of a portion of an amendment in the nature of a substitute recommended by one of the committees to which the bill had been initially referred (Speaker O'Neill, May 22, 1985, p. 13126); (4) a bill back to the first-reporting committee when it was reported from the second-reporting committee with a nongermane amendment within the jurisdiction of the first committee and not within the bounds of the initial referral (Speaker Wright, Oct. 4, 1988, p. 28242). The Speaker also may base a sequential referral only on the text of the bill as introduced, even if a bill is reported by the primary committee with an amendment in the nature of a substitute (Speaker Gingrich, Sept. 12, 1995, p. 24791). For example, the Speaker sequentially referred a bill where the amendment recommended by the primary committee would delete portions of the bill within the jurisdiction of the sequential committee (Speaker Hastert, May 10, 1999, p. 8690). [[Page 617]] The Speaker first exercised the authority to base referrals on committee amendments by sequentially referring a bill reported from the Committee on Public Works and Transportation (now Transportation and Infrastructure), relating only to Corps of Engineers' water projects as introduced but amended in committee to address general water resource policy affecting irrigation and reclamation projects and soil conservation programs, to the Committees on Agriculture and Interior and Insular Affairs (now Natural Resources) for consideration of provisions of the committee amendment within their jurisdiction (Speaker O'Neill, May 20, 1981, p. 10361). In the 96th Congress, the Speaker followed a more restrictive policy, permitting a sequential committee to review (1) those portions of introduced text within its jurisdiction and (2) those portions of an amendment within its jurisdiction when the introduced version also warranted a sequential referral to the committee (Speaker O'Neill, Apr. 15, 1980, p. 7760). The Speaker may (1) discharge a measure from the Union Calendar and sequentially refer it to another committee (Speaker O'Neill, Apr. 27, 1978, p. 11742; Speaker O'Neill, May 21, 1982, p. 11169; Speaker O'Neill, June 19, 1986, p. 14741; Speaker Foley, June 12, 1990, p. 13670; Speaker Hastert, Nov. 30, 2001, p. 23681); (2) sequentially refer a bill that has been initially referred to several committees but reported only by one, for consideration of the reporting committee's amendment (Speaker O'Neill, June 17, 1982, p. 14069; Speaker Foley, Sept. 5, 1990, p. 23477); and (3) sequentially refer a bill referred to more than one committee when the first committee reports, for a period ending a number of days after the next committee reports (Speaker O'Neill, Aug. 1, 1985, p. 22681), or after all committees report (Speaker Wright, June 10, 1988, p. 14079). The Speaker may (1) extend the time of a sequentially referred bill and may refer the bill to yet another committee under the same sequential referral conditions (Speaker Albert, June 1, 1976, p. 16588); (2) delimit the period for sequential consideration of a bill in terms of legislative days (Speaker Wright, June 30, 1988, p. 16597); or (3) sequentially refer a bill without day (Speaker Wright, Sept. 27, 1988, p. 25827). On the last day of an expiring sequential referral, a committee has until midnight to file its report with the Clerk (Oct. 9, 1991, p. 26045).
Sec. 816b. Referral procedures to an ad hoc select committee. Resolutions authorizing the Speaker to establish an ad hoc committee for the consideration of a particular bill under paragraph (c) of this clause, and extending the reporting date for such a committee, are privileged when offered from the floor at the Speaker's request (Speaker Albert, Apr. 22, 1975, p. 11261; Speaker Albert, Jan. 26, 1976, p. 876; Speaker O'Neill, Jan. 11, 1977, pp. 894-98; Speaker O'Neill, Apr. 21, 1977, pp. 11550-56).
Pursuant to the authority under paragraph (c)(4), the Speaker may refer a bill to a special ad hoc committee appointed by the Speaker with the approval of the House (from the members of the committees with legislative jurisdiction) for consideration and report on that particular bill (Speaker Albert, Apr. 22, 1975, p. 11261) or may jointly refer a report of a select committee filed with the Clerk to standing committees of the House for their study (Speaker Albert, Feb. 16, 1976, p. 3158). [[Page 618]] sages and communications) for the purpose of considering such matters and reporting to the House thereon, and the resolution creating such a committee may specify whether referrals to such a committee shall be by initial or sequential reference or by any of the other methods provided by this clause (H. Res. 508, Apr. 21, 1977, pp. 11550-56; Speaker O'Neill, July 11, 1977, p. 22183; Speaker O'Neill, July 20, 1977, p. 24167). For a discussion of Speaker's referrals to the former Select Committees on Homeland Security, see Sec. 723b, supra. The Speaker may refer to an ad hoc committee, established with the approval of the House, bills, resolutions, and other matters (including mes Clause 7 provides the mechanism for changes of referrals erroneously made.
Sec. 816c. As to division of bills for reference. The parliamentary law provides that the House may commit a portion of a bill, or a part thereof to one committee and another part thereof to another (V, 5558), yet under the practice of the House until January 3, 1975, a bill or joint resolution could not be divided for reference even if it contained matters properly within the jurisdiction of several committees (IV, 4372, 4376). On that date, the Speaker was given authority over referral of bills as prescribed in clause 2 of this rule (formerly clause 5 of rule X). In the 106th Congress the Speaker referred a bill by title to two committees (H.R. 1554, Apr. 26, 1999, p. 7355).
Sec. 817. Restriction on the reference of claims. (d) A bill for the payment or adjudication of a private claim against the Government may not be referred to a committee other than the Committee on Foreign Affairs or the Committee on the Judiciary, except by unanimous consent.
The present form of this paragraph was made effective January 2, 1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812). It was amended several times to conform references to renamed committees (H. Res. 163, Mar. 19, 1975, p. 7343; H. Res. 89, Feb. 5, 1979, p. 1848; sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; sec. 213(d), H. Res. 6, Jan. 4, 2007, p. 19). The old rule, adopted in 1885 and amended May 29, 1936, provided that private claims bills be referred to a Committee on Invalid Pensions, Claims, War Claims, Public Lands, and Accounts, in addition to the Committees on Foreign Affairs and the Judiciary. Certain private bills, resolutions and amendments are barred (see Sec. 822, infra). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4 of rule XXI (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 619]] a certain annuity fund is exempt from taxation under provisions of the Internal Revenue Code (Deschler, ch. 17, Sec. 43.22). Petitions, memorials, and private bills Under this paragraph unanimous consent is required for the reference of a bill for the payment of a private claim to a committee other than the Committee on the Judiciary or the Committee on Foreign Affairs (May 4, 1978, p. 12615). The Committee on the Judiciary, and not the Committee on Ways and Means, has jurisdiction over a private bill specifying that
818. Introduction and reference of petitions, memorials, and private bills. 3. If a Member, Delegate, or Resident Commissioner has a petition, memorial, or private bill to present, the Member, Delegate, or Resident Commissioner shall sign it, deliver it to the Clerk, and may specify the reference or disposition to be made thereof. Such petition, memorial, or private bill (except when judged by the Speaker to be obscene or insulting) shall be entered on the Journal with the name of the Member, Delegate, or Resident Commissioner presenting it and shall be printed in the Congressional Record.
At the first organization of the House in 1789 the rules then adopted provided for the presentation of petitions to the House by the Speaker and Members, and for the introduction of bills by motion for leave. In 1842 it was found necessary, in order to save time, to provide that petitions and memorials should be filed with the Clerk. In 1870, 1879, and 1887 the practice as to petitions was extended to private bills, at first as to certain classes and later so that all should be filed with the Clerk (IV, 3312, 3365; VII, 1024). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 1 of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 620]]
Sec. 819. Duties of Speaker and Members in presenting petitions. Petitions, memorials, and other papers addressed to the House may be presented by the Speaker as well as by a Member (IV, 3312). Petitions from the country at large are presented by the Speaker in the manner prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may present a petition from the people of another State (IV, 3315, 3316). The House itself may refer one portion of a petition to one committee and another portion to another committee (IV, 3359, 3360), but ordinarily the reference of a petition does not come before the House itself. A committee may receive a petition only through the House (IV, 4557).
Sec. 822. Certain private bills prohibited. 4. A private bill or private resolution (including an omnibus claim or pension bill), or amendment thereto, may not be received or considered in the House if it authorizes or directs--
(a) the payment of money for property damages, for personal injuries or death for which suit may be instituted under the Tort Claims Procedure provided in title 28, United States Code, or for a pension (other than to carry out a provision of law or treaty stipulation); (b) the construction of a bridge across a navigable stream; or (c) the correction of a military or naval record. Prohibition on commemorations This paragraph derives from section 131 of the Legislative Reorganization Act of 1946 (60 Stat. 812) and was made a part of the standing rules January 3, 1953 (p. 24). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(a) of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). The prohibition relating to correction of a military record does not apply to a private bill that changes the computation of retired pay for a former member of the armed services (after exhaustion of administrative remedies) but does not directly correct the military record (Sept. 18, 1984, p. 25824).
823. Commemoratives prohibited. 5. (a) A bill or resolution, or an amendment thereto, may not be introduced or considered in the House if it establishes or expresses a commemoration.
[[Page 621]] (b) In this clause the term ``commemoration'' means a remembrance, celebration, or recognition for any purpose through the designation of a specified period of time. Excluded matters The 104th Congress added the prohibition against commemorative legislation and directed the Committee on Government Reform and Oversight (now Oversight and Government Reform) to consider alternative means for establishing commemorations, including the creation of an independent or executive branch commission for such purpose, and to report to the House any recommendations thereon (sec. 216, H. Res. 6, Jan. 4, 1995, p. 468). No recommendations were reported. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(b) of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). The House by unanimous consent waived the prohibition against introduction of a certain joint resolution specified by sponsor and title proposing a commemoration (which was contained in the resolving clause and not merely in the preamble) (Oct. 24, 2001, p. 20545).
824. Correction of errors in reference; and relation to jurisdiction. 6. A petition, memorial, bill, or resolution excluded under this rule shall be returned to the Member, Delegate, or Resident Commissioner from whom it was received. A petition or private bill that has been inappropriately referred may, by direction of the committee having possession of it, be properly referred in the manner originally presented. An erroneous reference of a petition or private bill under this clause does not confer jurisdiction on a committee to consider or report it.
This clause of the rule was first adopted in 1880, although the portion relating to the return of certain petitions and bills was adapted from an older rule of 1842 (IV, 3312, 3365). In the 104th Congress it was amended to conform to the new prohibition against commemorative legislation (sec. 216, H. Res. 6, Jan. 4, 1995, p. 468). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 3 of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 622]] of order may not be raised as to jurisdiction (IV, 4390, 4391; VII, 2131). The Speaker may correct the erroneous referral of a bill as private by referring it to the appropriate (Union) calendar as a public bill when reported (June 1, 1988, p. 13184). Sponsorship Errors in reference of petitions, memorials, or private bills are corrected at the Clerk's table, without action by the House, at the suggestion of the committee holding possession (IV, 4379). As provided in the rule, the erroneous reference of a private House bill does not confer jurisdiction, and a point of order is good when the bill comes up for consideration either in the House or in the Committee of the Whole (IV, 4382-4389). But in cases where the House itself refers a private House or Senate bill a point
825. Introduction, reference, and change of reference of public bills, memorials, and resolutions. 7. (a) Bills, memorials, petitions, and resolutions, endorsed with the names of Members, Delegates, or the Resident Commissioner introducing them, may be delivered to the Speaker to be referred. The titles and references of all bills, memorials, petitions, resolutions, and other documents referred under this rule shall be entered on the Journal and printed in the Congressional Record. An erroneous reference may be corrected by the House in accordance with rule X on any day immediately after the Pledge of Allegiance to the Flag by unanimous consent or motion. Such a motion shall be privileged if offered by direction of a committee to which the bill has been erroneously referred or by direction of a committee claiming jurisdiction and shall be decided without debate.
[[Page 623]] (b)(1) The sponsor of a public bill or public resolution may name cosponsors. The name of a cosponsor added after the initial printing of a bill or resolution shall appear in the next printing of the bill or resolution on the written request of the sponsor. Such a request may be submitted to the Speaker at any time until the last committee authorized to consider and report the bill or resolution reports it to the House or is discharged from its consideration. (2) The name of a cosponsor of a bill or resolution may be deleted by unanimous consent. The Speaker may entertain such a request only by the Member, Delegate, or Resident Commissioner whose name is to be deleted or by the sponsor of the bill or resolution, and only until the last committee authorized to consider and report the bill or resolution reports it to the House or is discharged from its consideration. The Speaker may not entertain a request to delete the name of the sponsor of a bill or resolution. A deletion shall be indicated by date in the next printing of the bill or resolution. (3) The addition or deletion of the name of a cosponsor of a bill or resolution shall be entered on the Journal and printed in the Congressional Record of that day. (4) A bill or resolution shall be reprinted on the written request of the sponsor. Such a request may be submitted to the Speaker only when 20 or more cosponsors have been added since the last printing of the bill or resolution. The rule of 1789 provided that all bills should be introduced on report of a committee or by motion for leave. By various modifications it was first provided that all classes of private bills should be introduced by filing them with the Clerk, and in 1890 this system was by this rule extended to all public bills (IV, 3365). In the 105th and 107th Congresses paragraph (a) was amended, and in the 112th Congress paragraph (b) was amended, to effect technical corrections (H. Res. 5, Jan. 7, 1997, p. 121; sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26; sec. 2(f), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4 of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 624]] order, but extended the applicable time to the entire first session (sec. 3(d), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(c), H. Res. 5, Jan. 7, 2003, p. 7). In the 108th Congress, the House by unanimous consent extended such authority through the remainder of the Congress (Oct. 4, 2004, p. 20566). In the 109th through 111th Congresses the House adopted the same initial order but for the entire Congress (sec. 3(c), H. Res. 5, Jan. 4, 2005, p. 44; sec. 217, H. Res. 6, Jan. 4, 2007, p. 19; sec. 3(d), H. Res. 5, Jan. 6, 2009, p. 9) and the House in the 112th and 113th Congresses expanded it to reserve the second 10 bill numbers for assignment by the Minority Leader (sec. 3(m), H. Res. 5, Jan. 5, 2011, p. _; sec. 3(h), H. Res. 5, Jan. 3, 2013, p. _). At its organization for the 106th Congress the House adopted an order of the House that the first 10 bill numbers be reserved for assignment by the Speaker during a specified period (sec. 2(g), H. Res. 5, Jan. 6, 1999, p. 47). In the 107th and 108th Congresses the House adopted the same The motion for a change of reference and subsidiary motions take precedence over motions to go into the Committee of the Whole for the consideration of appropriation bills and the consideration of conference reports (VII, 2124), and may not be debated (VII, 2126-2128). But the motion is not in order on Calendar Wednesday (VII, 2117), and is not privileged under the rule if the original reference was not erroneous (VII, 2125). The motion may be amended, but the amendment, like the original motion, is subject to the requirement that it be authorized by the committee (VII, 2127). The motion must apply to a single bill and not to a class of bills (VII, 2125). According to the later practice the erroneous reference of a public bill, if it remain uncorrected, in effect gives jurisdiction to the committee receiving it (IV, 4365-4371; VII, 1489, 2108-2113; VIII, 2312). It is too late to move a change of reference after such committee has reported the bill (VII, 2110; VIII, 2312), but the Speaker may, pursuant to authority granted by clause 2 (formerly clause 5 of rule X) effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), refer a bill sequentially to other committees. All bills and resolutions must be signed by the sponsor thereof (Speaker Albert, Feb. 3, 1972, p. 2521). Joint sponsorship of public bills by not more than 25 Members was authorized in the 90th Congress (H. Res. 42, Apr. 25, 1967, p. 10712). Prior thereto a special committee had reported against this practice and the report had been adopted by the House (VII, 1029). Effective January 3, 1979 (H. Res. 86, 95th Cong., Oct. 10, 1978, p. 34929), paragraph (b) was added to allow unlimited cosponsorship and to provide a mechanism for Members to add their names as cosponsors to bills or resolutions that have already been introduced, up until the bill is finally reported from committee, and on January 15, 1979, the Speaker announced his directive for the processing of lists of cosponsors pursuant to the new clause (Speaker O'Neill, Jan. 15, 1979, p. 19). [[Page 625]] in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). Unanimous- consent requests to delete Members' names as cosponsors are not entertained after the last committee authorized to consider the bill has reported to the House (or has been discharged from further consideration) (Oct. 8, 1985, p. 26668; Feb. 10, 2000, p. 982), and the Speaker has vacated unanimous-consent orders of the House to delete cosponsors when advised that the bill had already been reported (Aug. 5, 1987, p. 22458). A Member may request unanimous consent to be deleted as a cosponsor of an unreported bill during its consideration under suspension of the rules and before a final vote thereon (June 9, 1986, p. 12979). Although paragraph (b)(2), before the 106th Congress, only permitted a cosponsoring Member to request unanimous consent to be deleted as a cosponsor, the sponsor of a measure was permitted to request unanimous consent to delete from the permanent Record the name of a cosponsor inadvertently or erroneously listed (Feb. 9, 1982). This practice was codified By unanimous consent a Member may be added as a cosponsor of an unreported bill if the sponsor is no longer a Member of the House (Aug. 4, 1983, p. 23188; Oct. 3, 2008, p. 24009), and a designated Member may be authorized to sign and submit lists of additional cosponsors if the actual sponsor is no longer a Member (e.g., June 23, 1989, p. 13271; Apr. 5, 2000, p. 4487; June 20, 2001, p. 11196; Sept. 21, 2004, p. 18827), but the Chair will not otherwise entertain a request to add cosponsors by a Member other than the sponsor (Mar. 5, 1991, p. 5026). In fact, the Chair will not entertain any unanimous-consent request to add a cosponsor (July 24, 2000, p. 15878), whether such request includes only the Member making the request (Oct. 25, 1995, p. 29352), includes all Members (Dec. 18, 1985, p. 37765), or includes a specified additional sponsor (Jan. 28, 1985, p. 1141; May 23, 1985, p. 13421). Such requests must be made by the 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 (Nov. 4, 1997, p. 24413). The Chair does not entertain a unanimous-consent request to designate a co-offeror of an amendment (May 20, 2004, p. 10631; Sept. 14, 2004, p. 18429). 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 the House in that Congress could have more than one Member reflected as a sponsor (sec. 223(g), H. Res. 6, Jan. 4, 1995, p. 469); and the Speaker stated that all signatures of such ``primary'' sponsors would be required on the bills (Speaker Gingrich, Jan. 4, 1995, p. 551). A Member was subsequently added as such a ``primary'' sponsor by unanimous consent (Jan. 18, 1995, p. 1447). [[Page 626]]
Sec. 825a. Fraudulent introduction of a bill. The fraudulent introduction of a measure involves a question of privilege, and a measure so introduced has been ordered stricken from the files (IV, 3388). As the result of the unauthorized introduction of several bills without the knowledge of the Members listed as sponsors, the Speaker directed that all bills and resolutions must be signed by the sponsor thereof in order to be accepted for introduction (Speaker Albert, Feb. 3, 1972, p. 2521).
Sec. 826. Introduction of bills, resolutions, or memorials by request. (5) When a bill or resolution is introduced ``by request,'' those words shall be entered on the Journal and printed in the Congressional Record.
This provision was adopted in 1888 (IV, 3366). Before the House recodified its rules in the 106th Congress, it was found in former clause 6 of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47). It has never been the practice of the House to permit the names of the persons requesting the introduction of the bill to be printed in the Record.
Sec. 826a. Constitutional authority statement upon introduction. (c)(1) A bill or joint resolution may not be introduced unless the sponsor submits for printing in the Congressional Record a statement citing as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution. The statement shall appear in a portion of the Record designated for that purpose and be made publicly available in electronic form by the Clerk.
(2) Before consideration of a Senate bill or joint resolution, the chair of a committee of jurisdiction may submit the statement required under subparagraph (1) as though the chair were the sponsor of the Senate bill or joint resolution. Paragraph (c) was added in the 112th Congress (sec. 2(a)(1), H. Res. 5, Jan. 5, 2011, p. _). A point of order under this paragraph is timely only when the relevant measure is pending (May 16, 2013, p. _). [[Page 627]] Executive communications
Sec. 826b. United States Code citations. The House in the 113th Congress required, to the extent practicable, an applicable United States Code citation in the case of an amendatory instruction in a bill or joint resolution proposing to repeal or amend a law not codified (sec. 3(i), H. Res. 5, Jan. 3, 2013, p. _).
827. Reception and reference of executive communications, including estimates. 8. Estimates of appropriations and all other communications from the executive departments intended for the consideration of any committees of the House shall be addressed to the Speaker for referral as provided in clause 2 of rule XIV.
This rule was adopted in 1867 and amended in 1880 (V, 6593). It was renumbered January 3, 1953 (p. 24). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XL (H. Res. 5, Jan. 6, 1999, p. 47). Formerly estimates of appropriations were transmitted through the Secretary of the Treasury (IV, 3573-3576, 4045), but under 31 U.S.C. 1105 they are now included in the budget submitted by the President. Rule XIII Calendars calendars and committee reports
828. Calendar for reports of committees. 1. (a) All business reported by committees shall be referred to one of the following three calendars:
[[Page 628]] (1) A Calendar of the Committee of the Whole House on the state of the Union, to which shall be referred public bills and public resolutions raising revenue, involving a tax or charge on the people, directly or indirectly making appropriations of money or property or requiring such appropriations to be made, authorizing payments out of appropriations already made, releasing any liability to the United States for money or property, or referring a claim to the Court of Claims. (2) A House Calendar, to which shall be referred all public bills and public resolutions not requiring referral to the Calendar of the Committee of the Whole House on the state of the Union. (3) A Private Calendar as provided in clause 5 of rule XV, to which shall be referred all private bills and private resolutions. This provision was adopted in 1880 and amended in 1911 (VI, 742); but as early as 1820 a rule was adopted creating calendars for the Committees of the Whole. Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47), including a change in subparagraph (3) from the ``Calendar of the Committee of the Whole House'' to the ``Private Calendar.'' Bills not requiring consideration in Committee of the Whole were considered when reported, but in 1880 the House Calendar was created to remedy the delays in making reports caused by such consideration (IV, 3115). Reference of a bill to a calendar is governed by the text of the bill as referred to committee, and amendments reported by committees are not considered (VIII, 2392). A motion to correct an error in referring a bill to the proper calendar presents a question of privilege (III, 2614, 2615); but a mere clerical error in the calendar does not give rise to such question (III, 2616). A bill improperly reported is not entitled to a place on the calendar (IV, 3117). A bill on the wrong calendar may be transferred to the proper calendar as of date of original reference by direction of the Speaker (VI, 744- 748; VII, 859, 2406; Dec. 7, 1950, p. 16307; Apr. 26, 1984, p. 10242; Sept. 10, 1990, p. 23677). But the Speaker has no authority to change calendar reference made by the House (VI, 749; VII, 859). Reports from the Court of Claims did not remain on the calendar from Congress to Congress, even when a law seemed so to provide (IV, 3298-3302). In determining whether a bill should be placed on the House or Union Calendar, clause 3 of rule XVIII should be consulted. The Speaker may correct the erroneous referral of a bill as private by referring it to the appropriate (Union) calendar as a public bill when reported (June 1, 1988, p. 13184). [[Page 629]] rule XII (formerly clause 5 of rule X), authorizing and directing the Speaker to assure that each committee has responsibility to consider legislation within its jurisdiction by fashioning sequential referrals when appropriate (Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p. 14741). Although the Speaker has no general authority to remove a reported bill from the Union Calendar (other than to correct the erroneous reference of a reported bill between calendars), the Speaker may discharge a bill therefrom for reference to another committee when required (1) by section 401(b) of the Congressional Budget Act of 1974, permitting 15-day referral to the Committee on Appropriations of reported bills providing new entitlement authority in excess of that allocated to the reporting committee in connection with the most recently agreed-to concurrent resolution on the budget (Speaker O'Neill, Sept. 8, 1977, p. 28153), or (2) by clause 2 of
Sec. 830. Motion to discharge. (b) There is established a Calendar of Motions to Discharge Committees as provided in clause 2 of rule XV.
Filing and printing of reports From the 106th Congress through the 108th Congress, paragraph (b) was occupied by a cross reference to the Corrections Calendar. The provision was added when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47) and was stricken when the Corrections Calendar was abolished in the 109th Congress (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. 43). Before the House recodified its rules in the 106th Congress, the current paragraph (b) was found in former clause 5 of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47).
831. Reports filed with the Clerk. 2. (a)(1) Except as provided in subparagraph (2), all reports of committees (other than those filed from the floor) shall be delivered to the Clerk for printing and reference to the proper calendar under the direction of the Speaker in accordance with clause 1. The title or subject of each report shall be entered on the Journal and printed in the Congressional Record.
[[Page 630]]
Sec. 832. Adverse reports. (2) A bill or resolution reported adversely (other than those filed as privileged) shall be laid on the table unless a committee to which the bill or resolution was referred requests at the time of the report its referral to an appropriate calendar under clause 1 or unless, within three days thereafter, a Member, Delegate, or Resident Commissioner makes such a request.
A technical amendment was effected by the 93d Congress (H. Res. 988, Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47), but the 111th Congress reversed an inadvertent change to paragraph (a)(2) to restore its application to nonprivileged reports only (sec. 2(m), H. Res. 5, Jan. 6, 2009, p. 9) (contrast the 1999 codification with its predecessor in form; VI, 411).
Sec. 833. Requirement that reports of committees be in writing and be printed. When the House codified its rules in the 106th Congress, it deleted the portion of clause 2 of rule XVIII that required the printing of reports. That provision was redundant because this provision carries the same requirement (H. Res. 5, Jan. 6, 1999, p. 47). Former clause 2 of rule XVIII was adopted in 1880 (V, 5647).
The House insists on its requirement that all reports be in writing (IV, 4655) and does not receive verbal reports as to bills (IV, 4654). But the sufficiency of a report is passed on by the House and not by the Speaker (II, 1339; IV, 4653). A report is not necessarily signed by all those concurring (II, 1274) or even by any of those concurring, but minority, supplemental, and additional views are signed by those submitting them (IV, 4671; VIII, 2229; see clause 2(l)(5) of rule XI). Under this rule, the printing requirement is not a condition precedent to consideration of the matter reported (VIII, 2307-2309). However, for various availability and layover requirements in the rules, see clause 6 of rule X (Sec. 764, supra), clauses 4, 5, and 6 of rule XIII (Sec. Sec. 850-852, Sec. 853, Sec. 857, infra, respectively), and clause 8 of rule XXII (Sec. 1082, infra). See also clause 3(a)(2) of rule XIII (Sec. 838, infra), which excepts from the availability requirements of clauses 4 and 6 supplemental reports to correct a technical error in the depiction of record votes in a committee report. Unless filed with a report pursuant to clause 2(c) or rule XIII, minority, supplemental, or additional views may be presented only with the consent of the House (IV, 4600; VIII, 2231, 2248). It has been held that the fact that a report was not printed by the Public Printer as originally made to the House does not prevent the consideration of the matter reported (VIII, 2307). A committee may not file its report on a bill after the House has passed the bill (Sept. 30, 1985, p. 25270). [[Page 631]]
Sec. 834. Chair's duty. (b)(1) It shall be the duty of the chair of each committee to report or cause to be reported promptly to the House a measure or matter approved by the committee and to take or cause to be taken steps necessary to bring the measure or matter to a vote.
Sec. 835. Filing by majority of committee. (2) In any event, the report of a committee on a measure that has been approved by the committee shall be filed within seven calendar days (exclusive of days on which the House is not in session) after the day on which a written request for the filing of the report, signed by a majority of the members of the committee, has been filed with the clerk of the committee. The clerk of the committee shall immediately notify the chair of the filing of such a request. This subparagraph does not apply to a report of the Committee on Rules with respect to a rule, joint rule, or order of business of the House, or to the reporting of a resolution of inquiry addressed to the head of an executive department.
[[Page 632]] Subparagraph (1) (formerly clause 2(l)(1)(A) of rule XI) is derived from section 133(c) of the Legislative Reorganization Act of 1946 (60 Stat. 812) and was made a part of the standing rules on January 3, 1953 (p. 24). It is sufficient authority for the chair to call up a bill on Calendar Wednesday (Speaker Rayburn, Feb. 22, 1950, p. 2162). Subparagraph (2) (formerly clause 2(l)(1)(B) of rule XI) is derived from section 105 of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was made part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Former clause 2(l)(1)(C) of rule XI was added by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), to incorporate section 307 of the Congressional Budget Act of 1974 (88 Stat. 313), requiring the Committee on Appropriations to strive to complete committee action on all regular appropriation bills before reporting any of them to the House, and to submit a report comparing specified spending levels, but was repealed by section 232(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177). An obsolete reference in former subdivision (B) to the former subdivision (C) was deleted in the 104th Congress (sec. 223(f), H. Res. 6, Jan. 4, 1995, p. 469). Gender- based references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(l)(1) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). Absent a special order of the House (e.g., Mar. 30, 2012, p. _), committee reports must be submitted while the House is in session, except as permitted under clause 2(c) of rule XIII with respect to the guaranteed time for composing separate views (see Sec. 836, infra) (Dec. 17, 1982, p. 31951).
Sec. 836. Filing with minority views. (c) All supplemental, minority, or additional views filed under clause 2(l) of rule XI by one or more members of a committee shall be included in, and shall be a part of, the report filed by the committee with respect to a measure or matter. When time guaranteed by clause 2(l) of rule XI has expired (or, if sooner, when all separate views have been received), the committee may arrange to file its report with the Clerk not later than one hour after the expiration of such time. This clause and provisions of clause 2(l) of rule XI do not preclude the immediate filing or printing of a committee report in the absence of a timely request for the opportunity to file supplemental, minority, or additional views as provided in clause 2(l) of rule XI.
Content of reports The first sentence of this paragraph was originally included in section 107 of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was made a part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). The remainder of the paragraph (establishing standing authority for committees to file reports with the Clerk after honoring the guarantee of the rule) was adopted in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(l)(5) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 633]]
837. Single volume. 3. (a)(1) Except as provided in subparagraph (2), the report of a committee on a measure or matter shall be printed in a single volume that--
(A) shall include all supplemental, minority, or additional views that have been submitted by the time of the filing of the report; and (B) shall bear on its cover a recital that any such supplemental, minority, or additional views (and any material submitted under paragraph (c)(3)) are included as part of the report.
Sec. 838. Technical error. (2) A committee may file a supplemental report for the correction of a technical error in its previous report on a measure or matter. A supplemental report only correcting errors in the depiction of record votes under paragraph (b) may be filed under this subparagraph and shall not be subject to the requirement in clause 4 or clause 6 concerning the availability of reports.
Clause 3 (formerly clause 2(l)(5) of rule XI) was originally included in section 107 of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(l)(5) of rule XI, and the former companion provision of clause 2(l)(5) of rule XI entitling members to supplemental, minority, or additional views was transferred to new clause 2(l) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). The last sentence of subparagraph (2) was added in the 107th Congress (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. 25). A technical correction to subparagraph (1)(B) was effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). [[Page 634]] Except as provided in subparagraph (2), a supplemental report is subject to three-day availability under clause 4 of this rule (Deschler, ch. 17, Sec. 64.1). A committee may file a supplemental report pursuant to subparagraph (2) to correct a technical error in the depiction of a bill number in the portion of the report regarding congressional earmarks, targeted tax benefits, and targeted tariff benefits under clause 9 of rule XXI (July 30, 2010, p. _).
Sec. 839. Vote on reporting. (b) With respect to each record vote on a motion to report a measure or matter of a public nature, and on any amendment offered to the measure or matter, the total number of votes cast for and against, and the names of members voting for and against, shall be included in the committee report. The preceding sentence does not apply to votes taken in executive session by the Committee on Ethics.
The requirement of subparagraph (b) (formerly clause 2(l)(2)(B) of rule XI) was contained in section 104(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140), was incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144), and was expanded in the 104th Congress to require that reports also reflect the total number of votes cast for and against any public measure or matter and any amendment thereto and the names of those voting for and against (sec. 209, H. Res. 6, Jan. 4, 1995, p. 468). An exception for the Committee on Standards of Official Conduct (now Ethics) was adopted in the 105th Congress (sec. 8, H. Res. 168, Sept. 18, 1997, p. 19318) and expanded to include the Committee on Rules in the 110th Congress (sec. 503, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007). This paragraph was amended in the 112th Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(l)(2)(B) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). If the accompanying report erroneously reflects information required by this paragraph, a bill would be subject to a point of order against its consideration, unless corrected pursuant to clause 3(a)(2) by a supplemental report; however, a point of order would not lie if the error was introduced by the Government Printing Office (Jan. 19, 1995, p. 1613). A question alleging that a committee report contained descriptions of recorded votes (as required by this clause) that deliberately mischaracterized certain amendments and directing the chair of the committee to file a supplemental report to change those descriptions was held to constitute a question of the privileges of the House (May 3, 2005, pp. 8417, 8418). [[Page 635]]
Sec. 840. Content of reports. (c) The report of a committee on a measure that has been approved by the committee shall include, separately set out and clearly identified, the following:
(1) Oversight findings and recommendations under clause 2(b)(1) of rule X. (2) The statement required by section 308(a) of the Congressional Budget Act of 1974, except that an estimate of new budget authority shall include, when practicable, a comparison of the total estimated funding level for the relevant programs to the appropriate levels under current law. (3) An estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 if timely submitted to the committee before the filing of the report. (4) A statement of general performance goals and objectives, including outcome-related goals and objectives, for which the measure authorizes funding. [[Page 636]] ment Act of 1997 (sec. 10116, P.L. 105-33)). Subparagraph (4) was amended to replace a requirement that committees include in their reports oversight findings and recommendations by the Committee on Government Reform with a requirement that they include a statement of performance goals and objectives (sec. 2(l), H. Res. 5, Jan. 3, 2001, p. 25). This provision (formerly clause 2(l)(3) of rule XI) became effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). It was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), to correct a cross-reference, and in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49) to correct the typographical transposition of a phrase. Subparagraphs (2) and (3) (formerly clauses 2(l)(3)(B) and 2(l)(3)(C) of rule XI) are requirements of sections 308(a) and 402 of the Congressional Budget Act of 1974 (88 Stat. 297). Subparagraph (2) (formerly clause 2(l)(3)(B) of rule XI) was amended in the 99th Congress by section 232(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177) to include new entitlement and credit authority in conformity with section 308(a)(1) of the Congressional Budget Act of 1974, as amended by that law. It was again amended in the 104th Congress to require estimates of new budget authority, when practicable, to compare the total estimated funding for the program to the appropriate level under current law (sec. 102(a), H. Res. 6, Jan. 4, 1995, p. 462). In the 104th and 106th Congresses, it was amended to conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). This provision was amended in the 105th Congress to reflect the repeal of the collective definition of ``new spending authority'' and the revision of various remaining parts and to effect a technical and conforming change (Budget Enforce
Sec. 840a. Duplication of Federal programs. The House in the 113th Congress required each report accompanying a bill or joint resolution to include a statement of whether the measure established or reauthorized a program of the Federal government known to be duplicative of another such program (sec. 3(j), H. Res. 5, Jan. 3, 2013, p. _).
Sec. 840b. Directed rule making. The House in the 113th Congress required each report accompanying a bill or joint resolution to include a statement estimating the number of directed rule makings required by the measure (sec. 3(k), H. Res. 5, Jan. 3, 2013, p. _).
Sec. 841. Estimate of cost. (d) Each report of a committee on a public bill or public joint resolution shall contain the following:
(1)(A) An estimate by the committee of the costs that would be incurred in carrying out the bill or joint resolution in the fiscal year in which it is reported and in each of the five fiscal years following that fiscal year (or for the authorized duration of any program authorized by the bill or joint resolution if less than five years); (B) a comparison of the estimate of costs described in subdivision (A) made by the committee with any estimate of such costs made by a Government agency and submitted to such committee; and (C) when practicable, a comparison of the total estimated funding level for the relevant programs with the appropriate levels under current law. [[Page 637]] agency, establishment, wholly owned Government corporation, or instrumentality of the Federal Government or the government of the District of Columbia. (2)(A) In subparagraph (1) the term ``Government agency'' includes any department, (B) Subparagraph (1) does not apply to the Committee on Appropriations, the Committee on House Administration, the Committee on Rules, or the Committee on Ethics, and does not apply when a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been included in the report under paragraph (c)(3). This provision was adopted in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144) as part of the implementation of section 252(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to remove references to the Joint Committee on Atomic Energy. Subparagraph (2)(B) (formerly clause 7(d)) was amended in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to render committee cost estimates optional if an estimate by the Congressional Budget Office is included in the report. It was amended by the Budget Enforcement Act of 1990 (2 U.S.C. 900 note) to require five-year estimates of revenue changes in legislative reports. In the 104th Congress it was amended to require estimates of new budget authority, when practicable, to compare the total estimated funding for the program to the appropriate level under current law (sec. 102(b), H. Res. 6, Jan. 4, 1995, p. 462). In the 104th and 106th Congresses subparagraph (2)(B) (formerly clause 7(d)) was amended to reflect a change in committee name (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47). In the 105th Congress it was amended to effect a technical change (Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33)). In the 112th Congress subparagraphs (2) and (3) were redesignated when a former subparagraph (1) was repealed (sec. 2(a)(2), H. Res. 5, Jan. 5, 2011, p. _) and subparagraph (2)(B) was amended to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 7 of this rule (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 638]] A committee cost estimate identifying certain spending authority as recurring annually and indefinitely was held necessarily to address the five-year period required by section 308 of the Congressional Budget Act of 1974 (Nov. 20, 1993, p. 31354).
Sec. 842. Application of laws to legislative branch. Under the Congressional Accountability Act of 1995, each report accompanying a bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations must describe the manner in which the provisions apply to the legislative branch or a statement of the reasons the provisions do not apply; and any Member may raise a point of order against the consideration of a bill or joint resolution not complying with this requirement, which may be waived in the House by majority vote (sec. 102(b)(3), P.L. 104-1; 109 Stat. 6).
Sec. 843. Unfunded mandates. The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes several requirements on committees with respect to measures effecting ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c) and establishes points of order to permit separate votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1127, infra.
Sec. 844. Former constitutional authority requirement and inflationary impact requirement. Former clause 2(l)(4) of rule XI, which became a part of the rules under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), required an analytical statement of inflationary impact. It was converted in the 105th Congress to require a statement of constitutional authority (H. Res. 5, Jan. 7, 1997, p. 121) and was repealed in the 112th Congress in conjunction with the establishment of clause 7(c) of rule XII (sec. 2(a)(2), H. Res. 5, Jan. 5, 2011, p. _). If a point of order were sustained under this subparagraph, the measure would be ``recommitted'' to await possible return to the Calendar by the filing of a supplemental report pursuant to clause 3(a)(2) correcting the technical error (Feb. 13, 1995, p. 4591).
Sec. 846. ``Ramseyer Rule.'' (e)(1) Whenever a committee reports a bill or joint resolution proposing to repeal or amend a statute or part thereof, it shall include in its report or in an accompanying document--
(A) the text of a statute or part thereof that is proposed to be repealed; and [[Page 639]] amendment to be clearly understood, showing by appropriate typographical devices the omissions and insertions proposed. (B) a comparative print of any part of the bill or joint resolution proposing to amend the statute and of the statute or part thereof proposed to be amended, and adjacent provisions if useful to enable the intent and effect of the (2) If a committee reports a bill or joint resolution proposing to repeal or amend a statute or part thereof with a recommendation that the bill or joint resolution be amended, the comparative print required by subparagraph (1) shall reflect the changes in existing law proposed to be made by the bill or joint resolution as proposed to be amended. The first part of this paragraph (formerly clause 3) was adopted January 28, 1929 (VIII, 2234), was redesignated January 3, 1953 (p. 24), and subparagraph (2) (formerly a proviso in clause 3(2)) was added September 22, 1961 (p. 20823). Subparagraph (1)(B) was amended in the 113th Congress to promote the inclusion of adjacent provisions (sec. 2(d), H. Res. 5, Jan. 3, 2013, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 3 of this rule (H. Res. 5, Jan. 6, 1999, p. 47). Technical failure of a committee report to comply with the ``Ramseyer'' rule may be remedied by a supplemental report (VIII, 2247). Although the filing of such a corrective report formerly required the consent of the House (VIII, 2248), it may now be filed with the Clerk pursuant to clause 3(a)(2). Reports held to violate the rule because they are not susceptible to correction by the filing of a supplemental report under clause 3(a)(2), as in the case of a substantial violation, are automatically recommitted to the respective committees reporting them (VIII, 2237, 2245, 2250). When a bill is so recommitted, further proceedings are de novo and the bill is considered again and reported by the committee as if no previous report had been made (VIII, 2249). [[Page 640]] the purview of the rule the bill must seek to repeal or amend specifically an existing law (VIII, 2235, 2239, 2240). Although a bill proposes but one minor and obvious change in existing law, the failure of the report to indicate the change is in violation of the rule (VIII, 2236). The statute proposed to be amended must be quoted in the report and it is not sufficient that it is incorporated in the bill (VIII, 2238). Under the rule the committee report on a bill amending existing law by the addition of a proviso should quote in full the section immediately preceding the proposed amendment (VIII, 2237). The rule applies to appropriation bills if such bills include legislative provisions (VIII, 2241) and reports on appropriation bills are also subject to the requirements of clause 3(f) of rule XIII, requiring a concise statement of the effect of any direct or indirect changes in the application of existing law. In order to fall within Special orders providing for consideration of bills, unless specifically waiving points of order, do not preclude the point of order that reports on such bills fail to indicate proposed changes in existing law (VIII, 2245). The point of order that a report fails to comply with the rule is properly made when the bill is called up in the House and comes too late after the House has resolved into the Committee of the Whole for its consideration (VIII, 2243-2245). Where the comparative print contained certain errors in punctuation and capitalization and utilized abbreviations not appearing in existing provisions of law, the Speaker held that the committee report was in substantial compliance with the rule and overruled a point of order against the report (Deschler, ch. 17, Sec. Sec. 60.13, 60.14).
Sec. 847. Content of reports on appropriation bills. (f)(1) A report of the Committee on Appropriations on a general appropriation bill shall include--
(A) a concise statement describing the effect of any provision of the accompanying bill that directly or indirectly changes the application of existing law; and (B) a list of all appropriations contained in the bill for expenditures not currently authorized by law for the period concerned (excepting classified intelligence or national security programs, projects, or activities), along with a statement of the last year for which such expenditures were authorized, the level of expenditures authorized for that year, the actual level of expenditures for that year, and the level of appropriations in the bill for such expenditures. [[Page 641]] 215(d), H. Res. 6, Jan. 4, 1995, p. 468). Subparagraph (1)(B) was amended in the 107th Congress to require more detail on the status of unauthorized appropriations (sec. 2(m), H. Res. 5, Jan. 3, 2001, p. 25). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 3 of rule XXI (H. Res. 5, Jan. 6, 1999, p. 47). This provision (formerly clause 3 of rule XXI) became a part of the rules under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). This provision was amended on January 14, 1975 (H. Res. 5, 94th Cong., p. 32) to confine its applicability to general appropriation bills, and again in the 104th Congress to add subparagraph (1)(B) concerning unauthorized items (sec. (2) Whenever the Committee on Appropriations reports a bill or joint resolution including matter specified in clause 1(b)(2) or (3) of rule X, it shall include-- (A) in the bill or joint resolution, separate headings for ``Rescissions'' and ``Transfers of Unexpended Balances''; and (B) in the report of the committee, a separate section listing such rescissions and transfers. This provision (formerly clause 1(b) of rule X) was added by the Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 1(b) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 848. Comparative print. (g) Whenever the Committee on Rules reports a resolution proposing to repeal or amend a standing rule of the House, it shall include in its report or in an accompanying document--
(1) the text of any rule or part thereof that is proposed to be repealed; and (2) a comparative print of any part of the resolution proposing to amend the rule and of the rule or part thereof proposed to be amended, showing by appropriate typographical devices the omissions and insertions proposed. [[Page 642]] joint resolutions repealing or amending existing law. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4(d) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). This clause is applicable to resolutions reported from the Committee on Rules that propose direct permanent repeal or amendment of a rule of the House, but does not apply to resolutions providing temporary waivers of rules during the consideration of particular legislative business (Speaker Albert, Mar. 20, 1975, p. 7676; Mar. 24, 1975, p. 8418), or to a special order of business resolution providing for the consideration of a bill with textual modifications that would effect certain changes in House rules on enactment of the bill into law, but not itself repealing or amending any rule (May 27, 1993, p. 11597). This provision (formerly clause 4(d) of rule XI) was added to the rules under the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), and is similar to the ``Ramseyer Rule'' requirements of paragraph (e) relating to bills and
Sec. 849. Tax complexity analysis. (h)(1) It shall not be in order to consider a bill or joint resolution reported by the Committee on Ways and Means that proposes to amend the Internal Revenue Code of 1986 unless--
(A) the report includes a tax complexity analysis prepared by the Joint Committee on Internal Revenue Taxation in accordance with section 4022(b) of the Internal Revenue Service Restructuring and Reform Act of 1998; or (B) the chair of the Committee on Ways and Means causes such a tax complexity analysis to be printed in the Congressional Record before consideration of the bill or joint resolution. This provision was added by the Internal Revenue Service Restructuring and Reform Act of 1998 as a new clause 2(l)(8) of rule XI, effective January 1, 1999 (sec. 4022, P.L. 105-206). It was transferred to this paragraph when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). [[Page 643]] (2)(A) It shall not be in order to consider a bill or joint resolution reported by the Committee on Ways and Means that proposes to amend the Internal Revenue Code of 1986 unless-- (i) the report includes a macroeconomic impact analysis; (ii) the report includes a statement from the Joint Committee on Internal Revenue Taxation explaining why a macroeconomic impact analysis is not calculable; or (iii) the chair of the Committee on Ways and Means causes a macroeconomic impact analysis to be printed in the Congressional Record before consideration of the bill or joint resolution. (B) In subdivision (A), the term ``macroeconomic impact analysis'' means-- (i) an estimate prepared by the Joint Committee on Internal Revenue Taxation of the changes in economic output, employment, capital stock, and tax revenues expected to result from enactment of the proposal; and (ii) a statement from the Joint Committee on Internal Revenue Taxation identifying the critical assumptions and the source of data underlying that estimate. [[Page 644]] Availability of reports- This requirement of a macroeconomic analysis of any tax proposal replaced a provision that authorized the chair of the Committee on Ways and Means to request the Joint Committee on Taxation to prepare a dynamic estimate of revenue changes proposed in a measure designated by the Majority Leader as major tax legislation (sec. 2(j), H. Res. 5, Jan. 7, 2003, p. 7). The former provision was added in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121); but, before the House recodified its rules in the 106th Congress, it was found in former clause 7(e) of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
850. Threeday layover. 4. (a)(1) Except as specified in subparagraph (2), it shall not be in order to consider in the House a measure or matter reported by a committee until the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which each report of a committee on that measure or matter has been available to Members, Delegates, and the Resident Commissioner.
(2) Subparagraph (1) does not apply to-- (A) a resolution providing a rule, joint rule, or order of business reported by the Committee on Rules considered under clause 6; (B) a resolution providing amounts from the applicable accounts described in clause 1(k)(1) of rule X reported by the Committee on House Administration considered under clause 6 of rule X; (C) a resolution presenting a question of the privileges of the House reported by any committee; (D) a measure for the declaration of war, or the declaration of a national emergency, by Congress; and [[Page 645]] agency, establishment, wholly owned Government corporation, or instrumentality of the Federal Government or of the government of the District of Columbia. (E) a measure providing for the disapproval of a decision, determination, or action by a Government agency that would become, or continue to be, effective unless disapproved or otherwise invalidated by one or both Houses of Congress. In this subdivision the term ``Government agency'' includes any department, (b) A committee that reports a measure or matter shall make every reasonable effort to have its hearings thereon (if any) printed and available for distribution to Members, Delegates, and the Resident Commissioner before the consideration of the measure or matter in the House. This provision (formerly clause 2(l)(6) of rule XI) was originally contained in section 108 of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and was incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). It was amended in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20), in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and in the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8). In the 102d Congress it was amended to clarify the availability requirements for reported measures, including concurrent resolutions on the budget (H. Res. 5, Jan. 3, 1991, p. 39). It was amended in the 104th Congress to count as a ``calendar day'' any day on which the House is in session (H. Res. 254, Nov. 30, 1995, p. 35077), and again in the 105th Congress to achieve like treatment in the case of a concurrent resolution on the budget (H. Res. 5, Jan. 7, 1997, p. 121). The rule was later amended in the 105th Congress to conform to a change in the layover requirement for a concurrent resolution on the budget (Budget Enforcement Act of 1997 (sec. 10109, P.L. 105-33)). In the 106th Congress two technical and conforming corrections were effected. The 106th Congress also recodified the rules, transferring this provision from former clause 2(l)(6) of rule XI, which consisted of this provision and current clause 6(a)(2) of this rule (H. Res. 5, Jan. 6, 1999, p. 47). Subparagraph (2)(C) was added in the 107th Congress (sec. 2(n), H. Res. 5, Jan. 3, 2001, p. 25). In the 109th Congress a subdivision was deleted as obsolete upon the repeal of the Corrections Calendar and in that Congress and in the 112th conforming changes to subparagraph (2)(B) were effected (sec. 2(a), H. Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). [[Page 646]] bill, and no point of order lies that such introduced text has not been available for three days under this rule, which only applies to the consideration of reported measures themselves (Oct. 9, 1986, p. 29973). The exceptions from the three-day layover requirement were expanded in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98) to include resolutions called up pursuant to legislative veto provisions in laws having the effect of approving or invalidating the actions of any government agency (and not just agencies of the executive branch). That exception allows the consideration of a measure disapproving an executive branch decision pursuant to statute within three days of the expiration of the congressional review period, notwithstanding the three-day availability requirement (concurrent resolution disapproving a regulation of the Federal Trade Commission pursuant to the Federal Trade Commission Improvements Act, P.L. 96-252) (May 26, 1982, pp. 12027-30). A report from a committee raising a question of the privileges of the House, such as a report relating to the contemptuous conduct of a witness before the committee, may be considered notwithstanding the availability requirements of this clause (Speaker Albert, July 13, 1971, pp. 24720-23; see also VI, 48; Deschler, ch. 14, Sec. 7.4, fn. 10, and Oct. 8, 1998, p. 24680, with respect to impeachment reports; and Feb. 12, 1998, p. 1323, with respect to a resolution dismissing an election contest reported as privileged under clause 5(a)(3) of rule XIII). Clause 3(a)(2) of rule XIII was amended in the 107th Congress to except from the three-day layover requirement a supplemental report only correcting errors in the depiction of record votes under clause 3(b) (sec. 2(k), H. Res. 5, Jan. 3, 2001, p. 25).- This availability requirement is not applicable to privileged reports from the Committee on Rules or to bills before the House that have not been reported from committee (Speaker Albert, Aug. 10, 1976, p. 26793). The Committee on Rules has the authority under clause 5(a) of rule XIII (formerly clause 4(a) of rule XI) to report a special order making in order the text of an introduced bill as a substitute original text for a reported
Sec. 851. Oneday layover. A committee expense resolution reported by the Committee on House Administration pursuant to clause 5 of rule XIII need only be available for one day. However, other resolutions reported from that committee that are privileged (such as a resolution authorizing the printing of material as a House document), but that do not constitute questions of the privileges of the House, are subject to this clause (Speaker Albert, Mar. 6, 1975, p. 5537).
[[Page 647]]
Sec. 852. Printed hearings on appropriation bills. (c) A general appropriation bill reported by the Committee on Appropriations may not be considered in the House until the third calendar day (excluding Saturdays, Sundays, and legal holidays except when the House is in session on such a day) on which printed hearings of the Committee on Appropriations thereon have been available to Members, Delegates, and the Resident Commissioner.
Privileged reports, generally This provision from section 139(a) of the Legislative Reorganization Act of 1946 was made a part of the standing rules January 3, 1953 (p. 24), and was amended (by the addition of the parenthetical clause) on January 22, 1971 (p. 144). In the 104th Congress it was amended to count as a ``calendar day'' any day on which the House is in session (H. Res. 254, Nov. 30, 1995, p. 35077). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 7 of rule XXI; and a requirement that the report also be available for three days was deleted as redundant because reports on general appropriation bills are covered under the availability requirements of paragraph (a) (H. Res. 5, Jan. 6, 1999, p. 47). In counting the ``three calendar days'' specified in the clause, either the date the bill is filed or the date on which it is to be called up for consideration are counted, but not both (May 26, 1969, p. 13720).
853. Privileged reports. 5. (a) The following committees shall have leave to report at any time on the following matters, respectively:
(1) The Committee on Appropriations, on general appropriation bills and on joint resolutions continuing appropriations for a fiscal year after September 15 in the preceding fiscal year. (2) The Committee on the Budget, on the matters required to be reported by such committee under titles III and IV of the Congressional Budget Act of 1974. [[Page 648]] (3) The Committee on House Administration, on enrolled bills, on contested elections, on matters referred to it concerning printing for the use of the House or the two Houses, on expenditure of the applicable accounts of the House described in clause 1(k)(1) of rule X, and on matters relating to preservation and availability of noncurrent records of the House under rule VII. (4) The Committee on Rules, on rules, joint rules, and the order of business. (5) The Committee on Ethics, on resolutions recommending action by the House with respect to a Member, Delegate, Resident Commissioner, officer, or employee of the House as a result of an investigation by the committee relating to the official conduct of such Member, Delegate, Resident Commissioner, officer, or employee. (b) A report filed from the floor as privileged under paragraph (a) may be called up as a privileged question by direction of the reporting committee, subject to any requirement concerning its availability to Members, Delegates, and the Resident Commissioner under clause 4 or concerning the timing of its consideration under clause 6. [[Page 649]] p. 72), the rule was amended to include under the authority of the Committee on House Administration all matters relating to preservation and availability of noncurrent House records. In the 104th, 106th, and 112th Congresses, it was amended to reflect a change in committee name (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. 47; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). In the 105th Congress it was amended to update an archaic reference to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. 121). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4 of rule XI; as part of that recodification, former clause 9 of rule XVI (restating the privilege of general appropriation bills) was deleted as obsolete (H. Res. 5, Jan. 6, 1999, p. 47). Conforming changes to paragraph (a)(3) were effected in the 109th and 112th Congresses (sec. 2(a) H. Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _). The origins of this provision appear as early as 1812, but it was in 1886 that the various provisions were consolidated in one rule. The rule was amended by the Legislative Reorganization Act of 1946 (60 Stat. 812), again on February 2, 1951 (p. 883), and yet again by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). On the latter date the privileges given to the Committee on Interior and Insular Affairs (now Natural Resources) on bills for the forfeiture of land grants to railroad and other corporations, preventing speculation in the public lands and reserving public lands for the benefit of actual and bona fide settlers, and for the admission of new States, to the Committee on Public Works (now Transportation and Infrastructure) on bills authorizing the improvement of rivers and harbors, to the Committee on Veterans' Affairs on general pension bills, and to the Committee on Ways and Means on bills raising revenue, were eliminated from the rule. In the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20), the rule was further amended to reinsert ``contested elections'' under the authority of the Committee on House Administration, a matter inadvertently omitted by the 93d Congress (H. Res. 988, Oct. 8, 1974, p. 34470). The rule was amended in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to permit joint resolutions continuing appropriations to be privileged if reported after a certain date. In the 101st Congress (H. Res. 5, Jan. 3, 1989, [[Page 650]] until disposed of (IV, 3145). The House proceeds to the consideration of privileged questions only on motion directed to be made by the several committees reporting such questions (VIII, 2310). Privileged questions reported adversely have the same status so far as their privilege is concerned as those reported favorably (VI, 413; VIII, 2310). At the time these privileges originated all reports were made on the floor, and often with great difficulty because of the pressure of business (IV, 4621), and by giving this privilege the most important matters of business were greatly expedited. In 1890 a rule was adopted providing that reports should be made by filing with the Clerk, but privileged reports must still be made from the floor (IV, 3146; VIII, 2230). A privileged report from the Committee on Rules may be filed at any time when the House is in session, including during special-order speeches (Oct. 14, 1986, p. 30861). Before the original adoption of the provisions contained in former clause 2(l)(6) of rule XI in the 92d Congress (current clause 4 of rule XIII) (H. Res. 5, Jan. 22, 1971, p. 144), the right of reporting at any time was held to give the right of immediate consideration by the House (IV, 3131, 3132, 3142-3147; VIII, 2291, 2312). However, from that date until the effective date of the provision of former clause 2(l)(6) (current clause 4 of this rule) on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), only the Committees on House Administration, Rules (subject to the two-thirds vote requirement of clause 6 of this rule), and Standards of Official Conduct (now Ethics) could call up a matter in the House for immediate consideration as soon as the report was filed. Now only reports from the Committee on Rules on rules, joint rules, and the order of business under clause 6 of this rule; reports from the Committee on House Administration on committee expense resolutions under clause 5(a) of this rule; reports constituting questions of privilege (see generally Deschler, ch. 14, Sec. 7.4, fn. 10, discussing ruling of Speaker Albert, July 13, 1971, on a reported contempt); and reports on the official conduct of a Member (e.g., H. Res. 31, Jan. 21, 1997, p. 393) are exempt from the requirements of former clause 2(l)(6) (current clause 4 of this rule) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Other committees enumerated in this clause may still utilize the privilege after the report on the bill or resolution has been available for at least three calendar days (excluding Saturdays, Sundays, and legal holidays except when the House is in session on such a day). Once called up for consideration, the matter so reported remains privileged
Sec. 854. Privileged reports defined. The matters reported under the provisions of this clause are denominated ``privileged reports'' or ``privileged questions,'' and because the privilege relates merely to the order of business under the rules, they must be distinguished from ``questions of privilege'' that relate to the safety or dignity of the House itself defined in rule IX (III, 2718). Therefore, ``questions of privilege'' take precedence over these matters that are privileged under the rules (III, 2426-2530; V, 6454; VIII, 3465).
Privileged questions interrupt the regular order of business as established by former rule XXIV (current rule XIV), but when they are disposed of the regular order continues on from the point of interruption (IV, 3070, 3071). The Speaker has declined to allow a call of committees to be interrupted by a privileged report (IV, 3132). The presence of nonprivileged matter destroys the privileged character of a bill (IV, 4622, 4624, 4633, 4640, 4643; VIII, 2289; Speaker Rayburn, May 21, 1958, pp. 9212-16), or resolution (VIII, 2300), and when the text of a bill contains nonprivileged matter, privilege may not be created by a committee amendment in the nature of a substitute not containing the nonprivileged matter (IV, 4623). [[Page 651]] that a Senate amendment pending at the Speaker's table and otherwise requiring consideration in Committee of the Whole under clause 3 of rule XXII (formerly clause 1 of rule XX) be ``hereby'' considered as adopted upon adoption of the special order (Deschler, ch. 21, Sec. 16.11; Feb. 4, 1993, p. 2500); to provide that an amendment containing an appropriation in violation of clause 4 of rule XXI (formerly clause 5(a)) be considered as adopted in the House when the reported bill is under consideration (Feb. 24, 1993, p. 3542); to provide that an amendment containing an appropriation in violation of clause 2 of rule XXI be considered as adopted in the House when the reported bill is under consideration (July 27, 1993, p. 17129); and to provide that a nongermane amendment otherwise in violation of clause 7 of rule XVI be considered as adopted in the House when the bill is under consideration (Feb. 24, 1993, p. 3542; July 27, 1993, p. 17129). The Committee on Rules also has reported as privileged a joint resolution repealing a statutory joint rule (mandatory July adjournment, sec. 132 of the Legislative Reorganization Act of 1946) (July 27, 1990, p. 20178). The Committee on Rules has reported as privileged a special order of business nearly identical to one previously rejected by the House, but held not to constitute ``another of the same substance'' within the meaning of the provisions in Jefferson's Manual on reconsideration (Sec. 513, supra) because it provided a different scheme for general debate (July 27, 1993, p. 17115).
Sec. 855. The privilege of individual committees for reports. The privilege given by this clause to the Committee on Rules is confined to ``action touching rules, joint rules, and order of business'' and this committee may not report as privileged a concurrent resolution providing for a Senate investigating committee (VIII, 2255), or provide for the appointment of a clerk (VIII, 2256); but the privilege has been held to include the right to report special orders for the consideration of individual bills or classes of bills (V, 6774), or the consideration of a specified amendment to a bill and prescribing a mode of considering such amendment (VIII, 2258). A special rule providing for the consideration of a bill is not invalidated by the fact that at the time the rule was reported, the bill was not on the calendar (VIII, 2259; Speaker McCormack, Aug. 19, 1964, p. 20212). The authority to report special orders of business includes authority to recommend consideration of measures and amendments thereto the subject of which might be separately pending before a standing committee (Apr. 15, 1986, p. 7531); to make in order the consideration of the text of an introduced bill as original text in a reported bill (Oct. 9, 1986, p. 29973); to permit consideration of a previously unnumbered and unsponsored measure that comes into existence by virtue of adoption by the House of the special order (Speaker O'Neill, Apr. 16, 1986, p. 7610); to recommend a ``hereby'' resolution, for example, that a concurrent resolution correcting the enrollment of a bill be considered as adopted by the House upon the adoption of the special order (Speaker Wright, May 4, 1988, p. 9865), or
A resolution consisting solely of privileged matter, albeit in two separate jurisdictions empowered to report at any time under clause 4(a), has been referred to a primary committee, reported therefrom as privileged, referred sequentially, and reported as privileged from the sequential committee as well (H. Res. 258, 102d Cong., Nov. 8, 1991, p. 30979; Nov. 19, 1991, p. 32903). The right of the Committee on Appropriations to report at any time is confined strictly to general appropriation bills (IV, 4629-4632; VIII, 2282-2284) and does not include appropriations for specific purposes (VIII, 2285). Before privilege was extended to continuing appropriation bills (in 1981), the rule was construed not to apply to resolutions extending appropriations (VIII, 2282-2284). Reports from the Committee on House Administration authorizing appropriations from the Treasury directly for compensation of employees (IV, 4645) or fixing the salaries of employees are not privileged (VIII, 2302). [[Page 652]] the 104th Congress (H. Res. 254, Nov. 30, 1995, p. 35077) to delete as obsolete the reference to bills raising revenue (see Sec. 853, supra). However, the privilege to call up general appropriation bills in both rules was retained. When both types of reports were privileged under the rule before the 94th Congress, motions to consider revenue bills and appropriation bills were of equal privilege (IV, 3075, 3076).
Sec. 856. Privileged motion for consideration of revenue and appropriation bills. As early as 1835 the necessity of giving appropriation bills precedence became apparent, and in 1837 former clause 9 of rule XVI was adopted to establish that principle, but was deleted in recodification as redundant to this rule. Former clause 4(a) of rule XI was amended by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) to eliminate the authority of the Committee on Ways and Means to report as privileged bills raising revenue, and former clause 9 of rule XVI was amended in
Privileged reports by the Committee on Rules The motion may designate the particular appropriation bill to be considered (IV, 3074). The motion is privileged at any time after the approval of the Journal (subject to relevant report and hearing availability requirements), but only if offered at the direction of the committee (July 23, 1993, p. 16820). The motion is in order on District Mondays (VI, 716-718; VII, 876, 1123) and takes precedence over the motion to resolve into Committee of the Whole House to consider the Private Calendar (IV, 3082-3085; VI, 719, 720). The motion could be made on a ``suspension day'' as on other days (IV, 3080); and on consent days the call of the former Consent Calendar (abolished in the 104th Congress) took precedence of the motion (VII, 986). It may not be amended (VI, 52, 723), debated (VI, 716), laid on the table, or indefinitely postponed (VI, 726), and the previous question may not be demanded on it (IV, 3077-3079). Although highly privileged, it may not take precedence over a motion to reconsider (IV, 3087), or a motion to change the reference of a bill (VII, 2124). The motion is less highly privileged than the motion to discharge a committee from further consideration of a bill under former clause 3 of rule XXVII (current clause 2 of rule XV) (VII, 1011, 1016).
857. Reports from Committee on Rules. 6. (a) A report by the Committee on Rules on a rule, joint rule, or the order of business may not be called up for consideration on the same day it is presented to the House except--
(1) when so determined by a vote of two-thirds of the Members voting, a quorum being present; [[Page 653]] (2) in the case of a resolution proposing only to waive a requirement of clause 4 or of clause 8 of rule XXII concerning the availability of reports; or (3) during the last three days of a session of Congress. (b) Pending the consideration of a report by the Committee on Rules on a rule, joint rule, or the order of business, the Speaker may entertain one motion that the House adjourn but may not entertain any other dilatory motion until the report shall have been disposed of. (c) The Committee on Rules may not report a rule or order that would prevent the motion to recommit a bill or joint resolution from being made as provided in clause 2(b) of rule XIX, including a motion to recommit with instructions to report back an amendment otherwise in order, if offered by the Minority Leader or a designee, except with respect to a Senate bill or joint resolution for which the text of a House-passed measure has been substituted. [[Page 654]] which the text of a House-passed measure is being substituted (sec. 210, H. Res. 6, Jan. 4, 1995, p. 468). In the 111th Congress paragraph (c) was amended to remove a restriction on the authority of the committee with regard to Calendar Wednesday business under clause 6 of rule XV (sec. 2(e), H. Res. 5, Jan. 6, 2009, p. 7). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4(b) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). A conforming change to paragraph (c) was effected in the 109th Congress (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. 43), a technical change to paragraph (b) was effected in the 110th Congress (sec. 505(b), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)), and a technical change to paragraph (c) was effected in the 112th Congress (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. _). For rulings under the earlier form of the rule, see Sec. 859, infra. The Committee on Rules, ``by uniform practice of the House,'' exercised the privilege of reporting at any time as early as 1888. The right to report at any time is confined to privileged matters (VIII, 2255). This was probably the survival of a practice that existed as early as 1853 of giving the privilege of reporting at any time to this committee for a session (IV, 4650). In 1890 the committee was included among the committees whose reports were privileged by rule. The present rule (formerly clause 4(b) of rule XI) was adopted in 1892 (IV, 4621) and was amended on March 15, 1909. Clause 6(a)(1) (former matter found in parentheses in clause 4(b) of rule XI) was adopted January 18, 1924 (pp. 1139, 1141), and the rule was further amended by the Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), to limit its application to reports from the Committee on Rules on rules, joint rules, and orders of business. In the 94th Congress it was amended to permit the immediate consideration of a resolution reported from the Committee on Rules waiving the two- hour layover requirement (H. Res. 868, Feb. 26, 1976, p. 4625). In the 104th Congress the provision was amended to prohibit the Committee on Rules from recommending a rule or order that would prevent a motion by the Minority Leader or a designee to recommit a bill or joint resolution with instructions to report back an amendment otherwise in order except in the case of a Senate bill or resolution for A privileged report from the Committee on Rules, other than one filed during the last three days of a session (Dec. 31, 1970, p. 44292; Jan. 1, 2013, p. _), may be considered on the same legislative day only by a two-thirds vote, but a report properly filed by the committee at any time before the convening of the House on the next legislative day may be called up for immediate consideration without the two-thirds vote requirement (Speaker Albert, July 31, 1975, p. 26243), including a report filed during special-order speeches after legislative business on that prior legislative day (Oct. 14, 1986, p. 30861), and if the House continues in session into a second calendar day and then meets again that day, or convenes for two legislative days on the same calendar day, any report filed on the first legislative day may be called up on the second without the question of consideration being raised (Speaker O'Neill, Dec. 16, 1985, p. 36755; Speaker Wright, Oct. 29, 1987, p. 29937). This clause does not require that a privileged resolution, and the report thereon, from the Committee on Rules be printed before it is called up for consideration (Speaker O'Neill, Feb. 2, 1977, p. 3344). In the case of certain resolutions reported from the Committee on Rules, the two-thirds vote requirement for consideration on the same day reported does not apply. This clause provides for the immediate consideration of a resolution from the Committee on Rules waiving the requirement that copies of reports and reported measures be available for three days before their consideration, and waiving the requirement that copies of conference reports or amendments reported from conference in disagreement be available for two hours before their consideration (see Aug. 10, 1984, p. 23978). [[Page 655]] clause 5(b)(2) of rule XVI (formerly clause 6). A report from the Committee on Rules takes precedence over a motion to consider a measure that is ``highly privileged'' pursuant to a statute enacted as an exercise in the rulemaking authority of the House, acknowledging the constitutional authority of the House to change its rules at any time (Speaker Wright, Mar. 11, 1987, p. 5403). Before the House adopts rules, the Speaker may recognize a Member to offer for immediate consideration a special order providing for the consideration of a resolution adopting the rules (H. Res. 5, Jan. 4, 1995, p. 447; H. Res. 5, Jan. 4, 2007, p. 7). Although highly privileged, a report from the Committee on Rules yields to questions of privilege (VIII, 3491; Mar. 11, 1987, p. 5403), and is not in order after the House has voted to go into Committee of the Whole (V, 6781). Also a conference report has precedence over it, even when the previous question and the yeas and nays have been ordered (V, 6449). Formerly if a report from the Committee on Rules contained substantive propositions, a separate vote could be had on each proposition (VIII, 2271, 2272, 2274, 3167); but these decisions were nullified by the adoption of The Committee on Rules may report and call up as privileged resolutions temporarily waiving or altering any rule of the House, including statutory provisions enacted as an exercise of the House's rulemaking authority that would otherwise prohibit the consideration of a bill being made in order by the resolution (Speaker Albert, Mar. 20, 1975, p. 7676; Mar. 24, 1975, p. 8418), or that would otherwise establish an exclusive procedure for consideration of a particular type of measure (Speaker O'Neill, Apr. 16, 1986, p. 7610; Speaker Wright, Mar. 11, 1987, p. 5403). No rule of the House precludes the Committee on Rules from reporting a special order making in order specified amendments that have not been preprinted as otherwise required by an announced policy of that committee (Oct. 23, 1991, p. 28097). No point of order lies against a resolution reported from the Committee on Rules that waives points of order against a measure or provides special procedures for its consideration, if no law constituting a rule of the House prohibits consideration of such a resolution (resolution providing for consideration of a budget resolution, where a statute (P.L. 96-389) reaffirmed congressional commitment to balanced Federal budgets but did not dictate what legislation could be considered or otherwise constitute a rule of the House) (June 10, 1982, p. 13353). For a discussion of the Speaker's announced policy with respect to entertaining unanimous-consent requests in the House to alter a special order previously adopted by the House, see Sec. 956, infra. For a discussion of the unanimous-consent requests that may not be entertained in the Committee of the Whole if their effect is to materially modify procedures required by a special order adopted by the House, see Sec. 993, infra. [[Page 656]] mittee on Rules, a question of the privileges of the House takes precedence (VIII, 3491; Mar. 11, 1987, p. 5403). In the event that the previous question is rejected on a privileged resolution from the Committee on Rules, the provisions of clause 6(b) prohibiting ``dilatory'' motions no longer strictly apply; the resolution is subject to proper amendment, further debate, or a motion to table or refer, and the Member who led the opposition to the previous question is accorded priority in recognition (Oct. 19, 1966, pp. 27713, 27725-29; May 29, 1980, pp. 12667-78), subject to being preempted by a preferential motion offered by another Member (Aug. 13, 1982, pp. 20969, 20975-78). The member of the Committee on Rules calling up a privileged resolution on behalf of the committee may offer an amendment thereto without specific authorization from the committee (Sept. 25, 1990, p. 25575). A motion to table such a pending amendment is dilatory and not in order under this provision, but the motion to reconsider the vote on ordering the previous question on the rule and amendment thereto is not (see V, 5739; Sept. 25, 1990, p. 25575), and may be laid on the table without carrying with it the resolution itself (Sept. 25, 1990, p. 25575). Only one motion to adjourn is admissible during the consideration of a report from the Committee on Rules (July 23, 1997, pp. 15366, 15374; Mar. 11, 2008, p. 3740; June 24, 2009, p. _) and may be offered immediately after the reading of the resolution (Mar. 20, 2002, pp. 3671, 3672) but may not be made when another Member has the floor (Sept. 27, 1993, p. 22608). If the House adjourns during the consideration of a report from the Committee on Rules, further consideration of the report becomes the unfinished business on the following day, and debate resumes from the point where interrupted (Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 22719). The Chair has held that a virtually consecutive invocation of former rule XXX (current clause 6 of rule XVII), resulting in a second pair of votes on use of a chart and on reconsideration thereof, was not dilatory under this clause (or former clause 10 of rule XVI (current clause 1 of rule XVI)) (July 31, 1996, p. 20693). In the 107th Congress clause 6 of rule XVII was amended to render the Chair's recognition for a motion on the use of charts completely discretionary (see Sec. 963, infra).
Sec. 858. Dilatory motions not permitted. In the later practice it has been held that the question of consideration may not be raised against a report from the Committee on Rules (V, 4961-4963; VIII, 2440, 2441). The clause forbidding dilatory motions has been construed strictly (V, 5740-5742), and in the later practice the following have been excluded: (1) the motion to commit after the ordering of the previous question (V, 5593-5601; VIII, 2270, 2750; Feb. 22, 1984, p. 2965); (2) an appeal from the Chair's decision not to entertain the question of consideration or a motion to lay the pending resolution on the table (V, 5739); and (3) the motion to postpone to a day certain (Oct. 9, 1986, p. 29972). A motion to reconsider the vote on ordering the previous question has been held not dilatory (V, 5739). Before debate has begun on a report from the Com
A motion to recommit a special rule from the Committee on Rules is not in order (VIII, 2270, 2753). [[Page 657]] or by expressly allowing only a simple (``straight'') motion to recommit (without instructions) (Oct. 16, 1990, p. 29657 (sustained by tabling of appeal); Feb. 26, 1992, p. 3441 (sustained by tabling of appeal); May 7, 1992, p. 10586 (sustained by tabling of appeal); June 16, 1992, p. 14973 (sustained by tabling of appeal); Nov. 21, 1993, p. 31544; Nov. 22, 1993, p. 31815). A special order providing for consideration of a bill under suspension of the rules does not prevent a motion to recommit from being made ``as provided in clause 4 of rule XVI,'' i.e., after the previous question is ordered on passage, a procedure not applicable to a motion to suspend the rules (VIII, 2267; Speaker Foley, June 21, 1990, p. 15229). See Deschler, ch. 21, Sec. 26.11; see generally Deschler, ch. 23, Sec. 25.
Sec. 859. Restrictions on authority of Committee on Rules. From 1934 until the amendment to this provision in the 104th Congress (sec. 210, H. Res. 6, Jan. 4, 1995, p. 468), it was consistently held that the Committee on Rules could recommend a special order that limited, but did not totally prohibit, a motion to recommit pending passage of a bill or joint resolution, as by precluding the motion from containing instructions relating to specified amendments (Speaker Rainey, Jan. 11, 1934, pp. 479-83 (sustained on appeal)); or by omitting to preserve the availability of amendatory instructions in the case that the bill is entirely rewritten by the adoption of a substitute made in order as original text (Speaker Foley, June 4, 1991, p. 13170; Speaker Foley, Nov. 25, 1991, p. 34460);
The caveat against including in a special order matter privileged to be reported by another committee (Deschler, ch. 21, Sec. 17.13) does not extend to a ``hereby'' resolution (e.g., a special order providing that a concurrent resolution correcting the enrollment of a bill within the jurisdiction of another committee be considered as adopted by the House upon the adoption of the special order), so long as not precluding the motion to recommit a bill or joint resolution (Speaker Wright, May 4, 1988, p. 9865). The Committee on Rules has reported special rules to dispose of Senate amendments that have ordered the previous question to adoption without intervening motion. At this stage the special order need not preserve (under clause 6(c) of rule XIII) the motion to recommit (as provided in clause 2(b) of rule XIX) because the bill is not at the stage of initial passage. For an exchange of correspondence between the chair and ranking minority member of the Committee on Rules regarding this practice, see January 24, 1996, pp. 1228, 1229. A special order of business reported by the Committee on Rules directing the Clerk to refrain from certifying an enrollment pending the resolution of a given contingency does not violate clause 2(d)(2) (Apr. 13, 2011, p. _).
Sec. 860. Unfunded mandates; congressional earmarks. The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes several requirements on committees with respect to ``Federal mandates'' (secs. 423, 424; 2 U.S.C. 658b, 658c), establishes points of order to permit separate votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the consideration of a rule or order waiving such points of order (sec. 426(a); 2 U.S.C. 658e(a)). See Sec. 1127, infra.
[[Page 658]] Clause 9 of rule XXI establishes a point of order against consideration of certain measures for failure to disclose (or disclaim the presence of) certain earmarks, tax benefits, and tariff benefits (paragraphs (a) and (b)), and permits a vote on the question of consideration of a rule or order waiving such points of order (paragraph (c)). See Sec. 1068d, infra.
Sec. 861. Filing reports. (d) The Committee on Rules shall present to the House reports concerning rules, joint rules, and the order of business, within three legislative days of the time when they are ordered. If such a report is not considered immediately, it shall be referred to the calendar. If such a report on the calendar is not called up by the member of the committee who filed the report within seven legislative days, any member of the committee may call it up as a privileged question on the day after the calendar day on which the member announces to the House intention to do so. The Speaker shall recognize a member of the committee who rises for that purpose.
(e) An adverse report by the Committee on Rules on a resolution proposing a special order of business for the consideration of a public bill or public joint resolution may be called up as a privileged question by a Member, Delegate, or Resident Commissioner on a day when it is in order to consider a motion to discharge committees under clause 2 of rule XV. [[Page 659]] legislative days may be called up by any member of that committee, including a minority member (Nov. 13, 1979, p. 32185; May 6, 1982, p. 8905). Before the House recodified its rules in the 106th Congress, this provision was found in one paragraph, former paragraph (c) of clause 4 of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). What is now paragraph (d) was initially adopted January 18, 1924, and was amended on January 6, 1987 (H. Res. 5, p. 6) (requiring one calendar day's notice before calling up a special order eligible under the rule). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). What is now paragraph (e) was amended December 8, 1931 (VIII, 2268), January 3, 1949 (p. 16) (establishing the so-called ``21-day rule''), January 3, 1951 (p. 18) (abolishing the ``21-day rule''), January 4, 1965 (p. 24) (reestablishing the ``21-day rule''), January 10, 1967 (H. Res. 7, p. 28) (abolishing the ``21-day rule''). Technical changes to this provision were effected on January 3, 1975 (H. Res. 988, Oct. 8, 1974, p. 34470). A special order reported from the Committee on Rules and not called up within seven
Sec. 862. Privileged motion. (f) If the House has adopted a resolution making in order a motion to consider a bill or resolution, and such a motion has not been offered within seven calendar days thereafter, such a motion shall be privileged if offered by direction of all reporting committees having initial jurisdiction of the bill or resolution.
This provision was contained in section 109 of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2(l)(7) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). In modern practice, this subparagraph is normally inapplicable in light of clause 2(b) of rule XVIII, which provides for the House resolving into the Committee of the Whole by declaration of the Speaker pursuant to a special order of business rather than by adoption of a motion.
Sec. 863. Specifying waivers. (g) Whenever the Committee on Rules reports a resolution providing for the consideration of a measure, it shall to the maximum extent possible specify in the accompanying report any waiver of a point of order against the measure or against its consideration.
Resolutions of inquiry This provision was adopted in the 104th Congress (sec. 211, H. Res. 6, Jan. 4, 1995, p. 468). It was amended in the 113th Congress to shift the specification of any waiver from the resolution to the accompanying report (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4(e) of rule XI (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 660]] ported to the House within 14 legislative days after its introduction, a motion to discharge a committee from its consideration shall be privileged.
864. Resolution of inquiry. 7. A report on a resolution of inquiry addressed to the head of an executive department may be filed from the floor as privileged. If such a resolution is not re
The House has exercised the right, from its earliest days, to call on the President and heads of departments for information. The first rule on the subject was adopted in 1820 for the purpose of securing greater care and deliberation in the making of requests. The present form of rule, in its essential features, dates from 1879 (III, 1856), although the time period for a committee to report was extended from one week to 14 legislative days in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 5 of rule XXII (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 865. Forms of resolutions of inquiry and delivery thereof. Resolutions of inquiry are usually simple rather than concurrent in form (III, 1875), and are never joint resolutions (III, 1860). A resolution authorizing a committee to request information has been treated as a resolution of inquiry (III, 1860). It has been considered proper to use the word ``request'' in asking for information from the President and ``direct'' in addressing the heads of departments (III, 1856, footnote, 1895). It is usual for the House in calling on the President for information, especially with relation to foreign affairs, to use the qualifying clause ``if not incompatible with the public interest'' (II, 1547; III, 1896-1901; V, 5759; VI, 436). But in some instances the House has made its inquiries of the President without condition, and has even made the inquiry imperative (III, 1896-1901). Resolutions of inquiry are delivered under direction of the Clerk (III, 1879) and are answered by subordinate officers of the Government either directly or through the President (III, 1908-1910).
[[Page 661]] investigate the probability of the existence of the facts called for (VI, 422). However, a resolution inquiring for such facts as would inevitably require the statement of an opinion to answer such inquiry is not privileged (Speaker Longworth, Feb. 11, 1926, p. 3805).
Sec. 866. Privileged status of resolutions of inquiry. The practice of the House gives to resolutions of inquiry a privileged status. Thus, they are privileged for report and consideration at any time after their reference to a committee (III, 1870; VI, 413, 414), but not before (III, 1857), and are in order for consideration only on motion directed to be made by the committee reporting the same (VI, 413; VIII, 2310). They are privileged for consideration on ``Suspension days'' (except on Calendar Wednesday (VII, 896-898)) and took precedence of the former Consent Calendar (VI, 409) before its abolishment in the 104th Congress (H. Res. 168, June 20, 1995, p. 16574). Only resolutions addressed to the President and the heads of the executive departments have the privilege (III, 1861-1864; VI, 406). To enjoy the privilege a resolution should call for facts rather than opinions (III, 1872, 1873; VI, 413, 418-432; July 7, 1971, pp. 23810-11), should not require investigations (III, 1872-1874; VI, 422, 427, 429, 432), and should not present a preamble (III, 1877, 1878; VI, 422, 427); but if a resolution on its face calls for facts, the Chair will not
Questions of privilege (as distinguished from privileged questions) have sometimes arisen in cases wherein the head of a department has declined to respond to an inquiry and the House has desired to demand a further answer (III, 1891; VI, 435); but a demand for a more complete reply (III, 1892) or a proposition to investigate as to whether or not there has been a failure to respond may not be presented as involving the privileges of the House (III, 1893).
Sec. 867. Discharge of a committee from a resolution of inquiry. Committees are required to report resolutions of inquiry back to the House within a prescribed timeframe (formerly one week, now 14 legislative days) (VIII, 3368; Speaker Rayburn, Feb. 9, 1950, p. 1755) exclusive of the day of introduction and the day of discharge (III, 1858, 1859). If a committee refuses or neglects to report the resolution back, the House may reach the resolution only by a motion to discharge the committee (III, 1865). The ordinary motion to discharge a committee is not privileged (VIII, 2316); but the practice of the House has given privilege to the motion in cases of resolutions of inquiry (III, 1866- 1870). And this motion to discharge is privileged at the end of the time period, though the resolution may have been delayed in reaching the committee (III, 1871). The motion to discharge is not debatable (III, 1868; VI, 415). However, if the motion is agreed to, the resolution is debatable under the hour rule unless the previous question is ordered (VI, 416, 417). If a committee reports a privileged resolution of inquiry (favorably or adversely), it may then be called up only by an authorized member of the reporting committee and not by another Member of the House (VI, 413; VIII, 2310). The Member calling up a privileged resolution of inquiry reported from committee is recognized to control one hour of debate and may move to lay the resolution on the table before or after that time (July 7, 1971, pp. 23807-10; Oct. 20, 1971, pp. 37055-57).
[[Page 662]]
Sec. 868. Resolutions of inquiry as related to the Executive. The President having failed to respond to a resolution of inquiry, the House respectfully reminded him of the fact (III, 1890). In 1796 the House declared that its constitutional requests of the Executive for information need not be accompanied by a statement of purposes (II, 1509). As to the kind of information that may be required, especially as to the papers that may be demanded, there has been much discussion (III, 1700, 1738, 1888, 1902, 1903; VI, 402, 435). There have been several conflicts with the Executive (II, 1534, 1561; III, 1884, 1885-1889, 1894) over demands for papers and information, especially when the resolutions have called for papers relating to foreign affairs (II, 1509-1513, 1518, 1519).
Rule XIV order and priority of business
Sec. 869. The rule for the order of business in the House. 1. The daily order of business (unless varied by the application of other rules and except for the disposition of matters of higher precedence) shall be as follows: First. Prayer by the Chaplain. l Second. Reading and approval of the Journal, unless postponed under clause 8 of rule XX.
Third. The Pledge of Allegiance to the Flag. Fourth. Correction of reference of public bills. Fifth. Disposal of business on the Speaker's table as provided in clause 2. Sixth. Unfinished business as provided in clause 3. Seventh. The morning hour for the consideration of bills called up by committees as provided in clause 4. Eighth. Motions that the House resolve into the Committee of the Whole House on the state of the Union subject to clause 5. Ninth. Orders of the day. [[Page 663]] found in former clause 1 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47). A correction to a cross reference was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26). Originally the House had no rule prescribing an order of business, but certain simple usages were gradually established by practice before the first rule on the subject was adopted in 1811. The rule was amended frequently to arrange the business to give the House as much freedom as possible in selecting for consideration and completing the consideration of the bills that it deems most important. The basic form of the rule has been in place since 1890 (IV, 3056). The 98th Congress made a conforming change to the second order of business relating to the postponement of the vote on approval of the Journal (H. Res. 5, Jan. 3, 1983, p. 34). The 104th Congress added the present third order of business respecting the Pledge of Allegiance (sec. 218, H. Res. 6, Jan. 4, 1995, p. 468). Before the House recodified its rules in the 106th Congress, this provision was The Speaker does not entertain a point of no quorum before the prayer is offered (VI, 663). Under clause 7 of rule XX, a point of no quorum may not be entertained unless a question is pending (see Sec. 1027, infra). In response to serial parliamentary inquiries regarding the pledge of allegiance to the flag, the Chair advised that (1) under clause 1 of rule XIV, the third element of the daily order of business is the Pledge of Allegiance; (2) section 4 of title 4, United States Code, prescribes the text of the pledge; (3) when the pledge is delivered as the third element of the daily order of business, the Record reflects the pledge in its statutory form; and (4) the statute prescribes the manner of delivery of the pledge (Apr. 27, 2004, pp. 7588, 7600). [[Page 664]]
Sec. 870. Privileged interruptions of the order of business in the House. This rule does not, however, bind the House to a daily routine because the system of making certain important subjects privileged (see clause 5 of rule XIII and rule XXII) permits the interruption of the order of business by matters that, in fact, often supplant it entirely for days at a time. In the 106th Congress the recodification acknowledged in the parenthetical of this clause that the prescribed daily order of business could be superseded by operation of other rules (H. Res. 5, Jan. 6, 1999, p. 47). But when the order of business is interrupted by a privileged matter, the business in order proceeds from the place of interruption (IV, 3070, 3071) unless the House adjourns. After an adjournment, the House starts anew with the prayer. Although privileged matters may interrupt the order of business, they may do so only with the consent of a majority of the House, expressed as to appropriation bills by the vote on resolving into Committee of the Whole to consider such bills, and as to matters like conference reports, questions of privilege, etc., by raising and voting on the question of consideration. The only exceptions to the principle that a majority may prevent interruption are contained in clauses 5 and 7 of rule XV, providing for a call of the Private Calendar on the first Tuesday of each month and a call of committees on Wednesdays. By this combination of an order of business with privileged interruptions the House gives precedence to its most important business without at the same time losing the power by majority vote to go to any other bills on its calendars. <> The privileged matters that may interrupt the order of business include: l (1) General appropriation bills (clause 5 of rule XIII; IV, 3072). l (2) Conference reports (clause 7(a) of rule XXII; V, 6443) and motions to discharge or instruct conferees (clause 7(c) of rule XXII).
(3) Special orders reported by the Committee on Rules for consideration by the House (clause 5 of rule XIII; IV, 3070-3076, 4621). (4) Consideration of amendments between the Houses after disagreement (IV, 3149, 3150). (5) Questions of privilege (rule IX; III, 2521). (6) Privileged bills reported under the right to report at any time (clauses 5 and 7 of rule XIII; IV, 3142-3144, 4621). (7) Call of committees on Wednesdays for bills on House and Union Calendars (clause 6 of rule XV). (8) Private business on Tuesday (clause 5 of rule XV). (9) Motions on the second and fourth Mondays of the month to discharge committees on public bills and resolutions (clause 2 of rule XV), and consideration of District of Columbia business (clause 4 of rule XV; IV, 3304). (10) Motions to suspend the rules and pass bills out of the regular order (clause 1 of rule XV; V, 6790). (11) Bills coming over from a previous day with the previous question ordered (V, 5510-5517). (12) Bills returned with the objections of the President (IV, 3534- 3536). (13) Motions to send a bill to conference (under clause 1 of rule XXII; Aug. 1, 1972, p. 26153). In addition to these matters, the House by practice permits its order of business to be interrupted, at the discretion of the Speaker, for the reception of messages (V, 6602). Before the 104th Congress, addressing the House out of order by unanimous consent, the Speaker announced that on at least two subsequent days he would recognize designated Members after approval of the Journal to lead the House in the Pledge of Allegiance to the Flag (Speaker Wright, Sept. 9, 1988, p. 23310). Requests of Members for leaves of absence are in practice put before the House at the time of adjournment (IV, 3151). [[Page 665]] object must stand to be observed by the Chair (Nov. 7, 1991, p. 30633; June 23, 1992, p. 15703). The Speaker, however, usually signifies objection by declining to put the request of the Member, thus saving the time of the House. The Speaker's guidelines for recognition for unanimous-consent requests for consideration of unreported measures are issued pursuant to clause 2 of rule XVII and are discussed in Sec. 956, infra. The request for unanimous consent began to be used about 1832 when the House first felt a pressure of business and the necessity of adhering to a fixed order (IV, 3155-3159). In 1909, by the adoption of former clause 4 of rule XIII, a Consent Calendar was established, which was abolished in the 104th Congress (H. Res. 168, June 20, 1995, p. 16574). For discussion of unanimous-consent requests and reservations of objections, see Sec. 956, infra. Unanimous consent for the immediate consideration of a measure in the House does not preclude a demand for a record vote when the Chair puts the question on final passage, because it merely permits consideration of a matter not otherwise privileged (Dec. 16, 1987, p. 35816).
Sec. 872. The interruption of the order of business by the request for unanimous consent. When the House has no rule establishing an order of business, as at the beginning of a session before the adoption of rules, it is in order for any Member who is recognized by the Chair to offer a proposition relating to the order of business without asking consent of the House (IV, 3060). But after the adoption of the rule for the order of business, interruptions are confined to matters privileged to interrupt or to cases wherein the House gives unanimous consent for an interruption. A request for unanimous consent to consider a bill is in effect a request to suspend the order of business temporarily (IV, 3059). Therefore any Member, including the Chair, may object, or reserve the right to object and inquire, for example, about the reasons for the request, or demand the ``regular order'' (IV, 3058). Debate under a reservation of objection proceeds at the sufferance of the House and may not continue after a demand for the regular order (see, e.g., Speaker Foley, Nov. 14, 1991, p. 32128; Dec. 15, 1995, p. 37142). A Member objecting to a unanimous-consent request or demanding the regular order when another has reserved the right to
Sec. 873. Disposal of business on the Speaker's table. 2. Business on the Speaker's table shall be disposed of as follows:
(a) Messages from the President shall be referred to the appropriate committees without debate. (b) Communications addressed to the House, including reports and communications from heads of departments and bills, resolutions, and messages from the Senate, may be referred to the appropriate committees in the same manner and with the same right of correction as public bills and public resolutions presented by Members, Delegates, or the Resident Commissioner. (c) Motions to dispose of Senate amendments on the Speaker's table may be entertained as provided in clauses 1, 2, and 4 of rule XXII. [[Page 666]] ably reported and not required to be considered in the Committee of the Whole House on the state of the Union may be disposed of by motion. Such a motion shall be privileged if offered by direction of all reporting committees having initial jurisdiction of the House measure. (d) Senate bills and resolutions substantially the same as House measures already favor A rule to govern disposition of business on the Speaker's table (to be distinguished from the table of the House, which is the Clerk's table) was adopted in 1832. In 1880 and 1885 efforts were made to so modify the rule as to prevent delays in business on the Speaker's table, but it was not until 1890 that the present rule was adopted (IV, 3089). Before the House recodified its rules in the 106th Congress, this provision and clause 2 of rule XXII occupied a single clause (formerly clause 2 of rule XXIV) (H. Res. 5, Jan. 6, 1999, p. 47).
Sec. 874. Matters on Speaker's table for action by the House or by the Speaker alone. Such portions of messages from the Senate as require action by the House, all messages from the President except those transmitting objections to bills (IV, 3534-3536), and all communications and reports from the heads of departments go to the Speaker's table when received, to be disposed of under this rule. Simple resolutions of the Senate that do not require any action by the House are not referred (VII, 1048). All of the President's messages are referred. Such portions of Senate messages (House bills with Senate amendments) that do not require consideration in Committee of the Whole may be laid before the House for action. Communications from the President, other than messages; all portions of Senate messages requiring consideration in Committee of the Whole (IV, 3101); and Senate bills of all kinds (with the exception noted in the rule) may be referred to the appropriate standing committees under direction of the Speaker without action by the House (IV, 3107, 3111; VI, 727). Under clause 2 of former rule XXIV (current rule XIV), the Speaker may temporarily retain custody of an executive communication addressed to the Speaker (or may pursuant to former clause 1 of rule IV (current clause 3(a) of rule II) order the Sergeant-at-Arms to assume custody) pending House disposition of a special order reported from the Committee on Rules relating to a referral of the communication to committee (Sept. 9, 1998, p. 19769).
[[Page 667]] to conference by unanimous consent, special rule, or suspension of the rules (VI, 732) (although a motion to send to conference may be privileged under clause 1 of rule XXII). The Speaker's authority under this clause includes the discretionary authority to refer from the Speaker's table Senate amendments to House-passed bills, to standing committees, under any conditions permitted under current clause 2 of rule XII (formerly clause 5 of rule X) for referral of introduced bills; the Speaker may for example impose a time limitation for consideration only of a portion of the Senate amendment, not germane to the original House bill, by the standing committee with subject-matter jurisdiction, without referring the remainder of the Senate amendment to the House committee with jurisdiction over the original House bill (Speaker O'Neill, H.R. 31, Mar. 26, 1981, p. 5397). The Speaker announced his policy regarding referral of nongermane Senate amendments to committee (Jan. 3, 1983, p. 54; Jan. 6, 1987, p. 21); and his policy regarding recognition for unanimous-consent requests to dispose of Senate amendments at the Speaker's table (Apr. 26, 1984, p. 10194; Feb. 4, 1987, p. 2676) discussed in Sec. 956, infra. A Senate bill to come before the House directly from the table must conform to the conditions prescribed by the rule (IV, 3098, 3099; VI, 727, 734, 737), and must have come to the House after and not before the House bill ``substantially the same'' and not involving an expenditure (IV, 3103) has been placed on the House Calendar (IV, 3096; VI, 727, 736, 738) or Private Calendar (IV, 3102). In the event the House bill has passed before the Senate bill is received, the Senate bill may nevertheless be disposed of on motion directed by the committee (VI, 734, 735). The House bill must be correctly on the House Calendar (VI, 736). In determining whether the House bill is substantially the same as the Senate bill, amendments recommended by the House committee must be considered (VI, 734, 736). The rule applies to private as well as to public Senate bills (IV, 3101), and to concurrent resolutions as well as to bills (IV, 3097). Although a committee must authorize the calling up of the Senate bill (VI, 739), the actual motion need not be made by a member of the committee (IV, 3100). The authority of a committee to call up a bill must be given at a formal meeting of the committee (VIII, 2211, 2212, 2222). A House bill returned with Senate amendments involving a new matter of appropriation, whether with or without a request for a conference, may be referred directly to a standing committee (VI, 731), and on being reported therefrom is referred directly to the Committee of the Whole (IV, 3094, 3095, 3108-3110). However, the usual practice is to take the bill from the Speaker's table and concur, concur with an amendment, or send [[Page 668]] 3350). A portion of the annual message has been referred directly to a select committee (V, 6628). A message other than an annual message is usually referred directly to a standing committee by direction of the Speaker (IV, 4053; VIII, 3346), but may be referred by the House itself on motion by a Member (V, 6631; VIII, 3348), and such motion is privileged (VIII, 3348). This reference may be to a select as well as to a standing committee (V, 6633, 6634).
Sec. 875. Reference of President's messages from the Speaker's table. A message of the President on the Speaker's table is regularly laid before the House only at the time prescribed by the order of business (V, 6635-6638). Although it is always read in full and entered on the Journal and the Congressional Record (V, 6963), the accompanying documents are not read on demand of a Member or entered in the Journal or Record (V, 5267-5271; VII, 1108). The annual message of the President is usually referred to the Committee of the Whole House on the state of the Union by the House on motion (V, 6631). In the earlier practice it was distributed to appropriate standing committees by resolutions reported from the Committee on Ways and Means (V, 6621, 6622) but since the first session of the 64th Congress the practice has been discontinued (VIII,
Sec. 876. Unfinished business. 3. Consideration of unfinished business in which the House may have been engaged at an adjournment, except business in the morning hour and proceedings postponed under clause 8 of rule XX, shall be resumed as soon as the business on the Speaker's table is finished, and at the same time each day thereafter until disposed of. The consideration of all other unfinished business shall be resumed whenever the class of business to which it belongs shall be in order under the rules.
The first rule relating to unfinished business was adopted in 1794. Changes were made in 1860 and 1880, but the rule finally became unsatisfactory, because of delays caused by it, and in 1890 the present form was adopted (IV, 3112). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 3 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47). A clerical correction to a cross reference was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26). [[Page 669]] but may be again raised on a subsequent day when the matter is again called up as unfinished business (VIII, 2438). If the House adjourns during the consideration of a report from the Committee on Rules, further consideration of the report becomes the unfinished business on the following day, and debate resumes from the point where interrupted (Sept. 27, 1993, p. 22609; Sept. 28, 1993, p. 22719). When the House adjourns on the second legislative day after postponement of a question under clause 8 of rule XX without resuming proceedings thereon, the question remains unfinished business on the next legislative day (Oct. 1, 1997, p. 20922; Oct. 2, 1997, p. 20991). When the House adjourns while a motion to instruct under clause 7(c) of rule XXII is pending, the motion to instruct becomes unfinished business on the next day and does not need to be renoticed (Oct. 1, 1997, p. 20894).
Sec. 877. Construction of rule as to unfinished business. This clause should be understood in light of clause 8 of rule XX, which permits the Chair to postpone record votes on certain questions to a designated time within two legislative days (see Sec. 1030, infra). The ``business in which the House may be engaged at an adjournment'' means, literally, business in the House, as distinguished from the Committee of the Whole; and it further means business in which the House is engaged in its general legislative time, as distinguished from the special periods set aside for classes of business, like the morning hour for calls of committee, Tuesdays for private bills, etc. In general, all business unfinished in the general legislative time goes over as unfinished business under the rule, but there are a few exceptions. Thus, a motion relating to the order of business does not recur as unfinished business on a succeeding day, even though the yeas and nays may have been ordered on it (IV, 3114). The question of consideration, also, when not disposed of at an adjournment, does not recur as unfinished business on a succeeding day (V, 4947, 4948),
Sec. 878. Effect of previous question. When the House adjourns before voting on a proposition on which the previous question has been ordered, either directly or by the terms of a special order (IV, 3185), the matter comes up the next day as unfinished business (V, 5510-5517; VIII, 2691; Aug. 2, 1989, p. 18187). If several bills come over in this situation, they have precedence in the order in which the several motions for the previous question were made (V, 5518). When the previous question is ordered on a bill undisposed of at adjournment on Friday, the bill comes up for disposition on the next legislative day (VIII, 2694). A bill going over from Calendar Wednesday with the previous question ordered on it should be disposed of on the next legislative day (VII, 967). A bill coming over from a preceding day with the previous question ordered was of equal privilege with business on the former Consent Calendar (VII, 990).
Sec. 879. Business unfinished in periods set apart for classes of business. The rule excepts by its terms certain classes of business that are considered in periods set apart for classes of business, viz: l (a) Bills considered in the morning hour and on Calendar Wednesday for the call of committees. l (b) Bills in Committee of the Whole.
(c) Private bills considered on Tuesdays. (d) District of Columbia bills. (e) Bills brought up under the rule setting apart days for motions to suspend the rules, motions to discharge committees, and bills under consideration after a committee has been discharged. A bill brought up in the morning hour and undisposed of when the call ceases for the day remains as unfinished business in the morning hour (IV, 3113, 3120), i.e., it is considered when the House next goes to a call of committees. Business unfinished when the Committee of the Whole rises remains unfinished, to be considered first in order when the House next goes into Committee of the Whole to consider that business (IV, 4735, 4736). [[Page 670]] unless called up (IV, 3307; VII, 879). Unless postponed under clause 8 of rule XX, a motion to suspend the rules that is undisposed of on one suspension day goes over as unfinished business to the next suspension day, individual motions going over to a committee day, and vice versa (V, 6814-6816; VII, 1005; VIII, 3411, 3412). On District of Columbia day business unfinished on the preceding District day is in order for consideration, but does not come before the House
Sec. 880. The morning hour for the call of committees. 4. After the unfinished business has been disposed of, the Speaker shall call each standing committee in regular order and then select committees. Each committee when named may call up for consideration a bill or resolution reported by it on a previous day and on the House Calendar. If the Speaker does not complete the call of the committees before the House passes to other business, the next call shall resume at the point it left off, giving preference to the last bill or resolution under consideration. A committee that has occupied the call for two days may not call up another bill or resolution until the other committees have been called in their turn.
The morning hour is one of the oldest devices of the rules for devoting an early portion of the session to a specific class of business. Until 1885 it was the hour for the reception of reports from committees. In 1890 it was provided that reports should be filed with the Clerk, and the morning hour was by this rule devoted to a call of committees for the consideration of House Calendar bills (IV, 3181). Since the adoption of the Calendar Wednesday rule (clause 6 of rule XV), the morning hour has been used but rarely. Before the House recodified its rules in the 106th Congress, this provision was found in former clause 4 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 671]] for which the call was interrupted is concluded, the call is resumed unless there be other interrupting business or the House adjourns (IV, 3133). A bill once brought up on the call continues before the House in that order of business until disposed of (IV, 3120), unless withdrawn by authority of the committee before action that puts it in possession of the House (IV, 3129); and may not be made a special order for a future day by a motion to postpone to a day certain (IV, 3164). In order to be called up in this order a bill must properly be on the House Calendar (IV, 3122-3126), and a bill on the Union Calendar may not be brought up on call of committees under this clause (VI, 753). If the authority of the committee to call up a bill is disputed, the Chair does not consider it a duty to decide the question (IV, 3127) but may base the decision on statements from the chair and other members of the committee (IV, 3128).
Sec. 881. Procedure in the morning hour. Originally the morning hour was a fixed period of 60 minutes (IV, 3118); but under the present rule it does not terminate until the call is exhausted or until the House adjourns (IV, 3119), unless the House on motion made at the end of 60 minutes votes to go into Committee of the Whole House on the state of the Union (clause 5 of rule XIV; IV, 3134), or unless other privileged matter intervenes (IV, 3131, 3132). Before the expiration of the 60 minutes the Speaker has declined to permit the call to be interrupted by a privileged report (IV, 3132) or by unanimous consent (IV, 3130). Where the business
Sec. 882. Interruption of the call of committees by motion to go into Committee of the Whole House on the state of the Union. 5. After consideration of bills or resolutions under clause 4 for one hour, it shall be in order, pending consideration thereof, to entertain a motion that the House resolve into the Committee of the Whole House on the state of the Union or, when authorized by a committee, that the House resolve into the Committee of the Whole House on the state of the Union to consider a particular bill. Such a motion shall be subject to only one amendment designating another bill. If such a motion is decided in the negative, another such motion may not be considered until the matter that was pending when such motion was offered is disposed of.
This portion of the rule was adopted in 1890 as part of the plan for enabling the House at will to go at any time to any public bill on its calendars (IV, 3134). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 5 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 672]] acted on by the House, other motions to go into Committee to consider other bills are in order (IV, 3136). The motion to go into Committee generally may be made by the individual Member (IV, 3138), but when it is proposed to designate a particular bill the Member must have the authority of a committee (IV, 3138). The amendment to the motion to consider a particular bill must refer to a bill on the Union Calendar (IV, 3139). This order of business is used entirely for nonprivileged bills and is not used in the House for consideration of bills in Committee of the Whole House on the state of the Union if otherwise privileged under clause 5 of rule XIII. 6. <> All questions relating to the priority of business shall be decided by a majority without debate.
Sec. 883. Conditions of the motion to go into Committee of the Whole at the end of one hour. The phrase ``one hour'' has been interpreted to include a shorter time in the case that the call of committees shall have exhausted itself before the expiration of one hour (IV, 3135); but not otherwise (IV, 3141). After the House has been in Committee of the Whole under this order and has risen and reported, and the report has been
This provision was adopted in 1803 to prevent obstructive debate (IV, 3061). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XXV (H. Res. 5, Jan. 6, 1999, p. 47). The question of consideration under clause 3 of rule XVI and the motion that the House resolve itself into the Committee of the Whole are not debatable (VIII, 2447; IV, 3062, 3063). This rule may not be invoked to establish an order of business or to inhibit the Speaker's power of recognition (Speaker Albert, July 31, 1975, p. 26249). It has been held that appeals from decisions of the Chair as to priority of business are not debatable under this rule (V, 6952). Rule XV Suspensions business in order on special days
885. Motions to suspend the rules. 1. (a) A rule may not be suspended except by a vote of two-thirds of the Members voting, a quorum being present. The Speaker may not entertain a motion that the House suspend the rules except on Mondays, Tuesdays, and Wednesdays and during the last six days of a session of Congress.
[[Page 673]] suspended except by a two-thirds vote. In 1828 it was amended to provide that the order of business, as established by the rules, should not be changed except by a two-thirds vote. Originally contemplating motions to suspend the rules on any day, the rule was amended in 1847 to restrict the motion to Mondays of each week, and, in 1880, to the first and third Mondays of each month. In 1874 the old limit of 10 days at the end of the session was reduced to six days. In the 93d Congress, the rule was amended to permit motions to suspend the rules on the first and third Mondays and on the Tuesdays immediately following those days and to eliminate the distinction between days on which committees and individuals had preference (H. Res. 6, Jan. 3, 1973, pp. 26, 27). In the 95th Congress, the rule was amended to permit such motions on every Monday and Tuesday (H. Res. 5, Jan. 4, 1977, 95th Cong., pp. 53-70). During the first session of the 108th Congress, the House authorized the Speaker to entertain motions that the House suspend the rules on Wednesdays through the second Wednesday in April as though under this clause (sec. 3(d), H. Res. 5, Jan. 7, 2003, p. 11). That authority was extended by unanimous consent through the last Wednesday in June (Apr. 30, 2003, p. 10063) and by resolution through the entire 108th Congress (H. Res. 297, June 26, 2003, p. 16275). In the 109th Congress, the House amended the rule to permit motions to suspend the rules every Wednesday (sec. 2(e), H. Res. 5, Jan. 4, 2005, p. 43). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 1 of rule XXVII (H. Res. 5, Jan. 6, 1999, p. 47). This provision (formerly clause 1 of rule XXVII) developed from a rule adopted in 1794, which provided that no rule should be rescinded without one day's notice. In 1822 a paragraph was added that no rule should be
Sec. 886. Nature of the motion to suspend the rules. Originally, when the House was operating under the older rules for the order of business, the motion was used to establish a special order of business for the consideration of a particular measure (IV, 3152, 3162; V, 6852). In 1890, the House adopted rules for the order of business that enabled the House on any day to consider public bills on its calendars. About the same time, the House perfected the process of establishing a special order of business by a majority vote through a report from the Committee on Rules (IV, 3169). As a result of these changes, the use of the motion to suspend gradually changed from one that established a special order of business to one that passes or adopts a measure (V, 6790, 6846, 6847). The latter motion suspends all rules inconsistent with its purposes, including a rule requiring that a recess be taken (V, 5752) or that a quorum be present when a bill is reported from committee (Sept. 22, 1992, p. 26932).
[[Page 674]] Although the normal use of the motion is to pass or adopt a noncontroversial measure, the motion may also be used to change or suspend a rule or order that is susceptible to suspension or to suspend the parliamentary law of Jefferson's Manual (V, 6796, 6862). The rules forbid the Speaker to entertain a motion to suspend the rules relating to the privilege of the floor (clause 2(b) of rule IV; V, 7283; VIII, 3634), the use of the Hall of the House (clause 2(b) of rule IV; V, 7270), or the introduction of persons in the galleries (clause 7 of rule XVII; VI, 197). The motion to suspend may include a series of actions, such as the discharge of a committee from consideration of a bill and the passage of it (V, 6850), the reconsideration of the vote passing a bill, amendment of it, and passage again (V, 6849), the permission for a committee to report several bills (V, 6857), an order to the Clerk to incorporate in the engrossment of a general appropriation bill a provision not otherwise in order (IV, 3845), an authorization to the House to entertain a specified motion to suspend the rules on a future day not a suspension day (IV, 3845), a motion to take a bill (V, 6288; VIII, 3425) or a motion to reconsider, from the table (V, 5640). A motion to suspend may provide for agreeing to a conference report that has been ruled out of order by the Speaker (Dec. 20, 1974, p. 41860) or may provide for passage of a bill that consists of the text of two bills previously passed by the House (Sept. 19, 2000, p. 18510). One motion to suspend the rules having been rejected, the Speaker may recognize for a similar motion (Dec. 21, 1973, pp. 43270-81). A motion to suspend the rules may provide for the passage of a bill regardless of whether it has been reported by committee, referred to a calendar, or even previously introduced (VIII, 3421; July 16, 1996, p. 17228). It may include an amendment without the formality of committee approval (June 22, 1992, p. 15617). Copies of reports on bills considered under suspension are not required to be available in advance. No advance notice to Members of bills to be called up under suspension of the rules is required (Mar. 20, 1978, p. 7535; Jan. 22, 2007, p. 1895) including to the sponsor (July 30, 2010, p. _). However, if a special rule requires that the object of a motion to suspend the rules be announced on the floor at least one hour before the Chair's entertaining the motion, unanimous consent is required to permit the Chair to entertain the motion before that time (Sept. 28, 1996, p. 25765, 25774). [[Page 675]]
Sec. 886a. Consideration of the motion to suspend the rules. The motion that the House ``suspend the rules and pass [or adopt]'' a measure is not subject to the demand for a division of the question, either as to the two branches of the motion or as to distinct substantive propositions in the subject of the motion (V, 6141-6143). The motion may not be amended (V, 5322, 5405, 6858; Deschler, ch. 21, Sec. 14.6; Apr. 11, 2000, p. 5206; July 30, 2011, p. _), and the power to withdraw and modify the motion rests with its proponent (May 10, 2006, p. 7807). The motion may not be postponed (V, 5322) or laid on the table (V, 5405). The motion to reconsider may not be applied to a negative vote on the motion (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p. 25797), although it may be applied to an affirmative vote (Sept. 28, 1996, p. 25796). The motion to refer may not be applied to the bill that it is proposed to pass under suspension of the rules (V, 6860). Pursuant to clause 1(b) of rule XV, the Speaker may entertain one motion to adjourn pending a motion to suspend the rules but may not entertain any other motion until the vote is taken on the motion to suspend the rules.
Some older precedents indicate that the right of a Member to have read the paper on which the Member is called to vote is not changed by the fact that the procedure is by suspension of the rules (V, 5277; VIII, 3400), and in earlier instances the separate motion to suspend the rules and dispense with reading of pending measures was held in order (V, 5278-84). However, under the modern practice, only the motion to suspend the rules is itself read. The Clerk reports the title of the bill and a motion that the measure be read in full is not in order (July 30, 2010, p. _). Amendments included in the motion are not reported separately. Where a motion to suspend the rules and agree to a resolution that provided for concurring in a Senate amendment with an amendment consisting of the text of a bill introduced in the House, the Speaker ruled that the reading of the resolution itself was sufficient and that it could be re-read to the House only by unanimous consent (Dec. 21, 1973, pp. 43251-63). For a discussion of debate on the motion and the Chair's recognition of a Member to control time in opposition to the motion, see Sec. 891, infra.
Sec. 887. Precedence of the motion to suspend the rules. In the early practice, when the motion to suspend the rules was used to enable a matter to be taken up for consideration out of order, it was not admitted when a subject was already before the House (V, 5278, 6836, 6837, 6852, 6853). However, a motion to suspend the rules was in order to dispense with the reading of a pending measure (V, 5278). A bill taken up under this early practice might be amended by the House (V, 6842, 6856) or withdrawn by the mover, in which case another Member might not present it (V, 6854, 6855).
[[Page 676]] In the later practice, if the motion includes both suspension of the rules and action on the subject, it is admitted even though another matter is pending (V, 6834), the yeas and nays are demanded on another privileged motion (V, 6835), or the previous question has been ordered or moved on another matter (V, 6827, 6831-6833; VIII, 3418; Sept. 17, 1990, p. 24695). Earlier rulings did not permit a motion to suspend the rules to permit a vote to be taken in gross on a series of pending Senate amendments (V, 6828, 6830). The motion to suspend the rules has been ruled out of order when the House is considering a bill under a special order (V, 6838) or when a question of privilege under rule IX is before the House (V, 6825, 6826; VI, 553, 565), and yields to such questions of privilege (III, 2553; VI, 565). The motion to suspend the rules has been held of equal privilege with the motion to instruct conferees under former clause 1(c) of rule XXVIII (current clause 7(c) of rule XXII), which is of the highest privilege (Mar. 1, 1988, pp. 2749, 2751, 2754). A motion to suspend the rules and approve the Journal was held in order, although the Journal had not been read and the highly privileged motion to fix the day to which the House should adjourn was pending (IV, 2758). Moreover, in the absence of a motion to suspend, the ordinary motions relating to business of the House may be made on suspension days as on other days (IV, 3080). The motion to suspend the rules may be made on days other than suspension days by unanimous consent (V, 6795) or by adoption of a resolution reported by the Committee on Rules. On suspension days the motion to suspend the rules has been admitted at the discretion of the Speaker since 1881 (V, 6791-6794, 6845; VIII, 3402-3404; Nov. 2, 2009, p. _), and no appeal may be taken from the Speaker's denial of recognition (II, 1425).
Sec. 888. Individual and committee motions to suspend the rules. Authorization by a committee is not required for the Speaker to recognize for a motion to suspend the rules (VIII, 3410), including a motion to suspend the rules and pass a measure ``as amended'' (June 22, 1992, p. 15617).
Before the 93d Congress, the rule gave to individuals preference on the first Monday of the month for making motions to suspend the rules, and preference on the third Mondays for committees to make the motion (V, 6790). If on a committee day an individual motion was made and seconded, it was then too late to make a point of order (V, 6809). In rare instances, under earlier House practice, the Speaker called the committees in regular order for motions to suspend the rules, but this method was not required (V, 6810, 6811). The earlier practice also required a motion to be formally and specifically authorized by a committee (V, 6805-6807), including specific authorization to include an amendment (V, 6812); but after the motion was seconded and debate had begun it was too late to raise a question as to the authorization (V, 6808). The committee could not present a bill that had not been referred to it (V, 6813) or was not within its jurisdiction (V, 6848). [[Page 677]] clause 6 of rule XX the yeas and nays were ordered (IV, 3053-3055; Dec. 21, 1973, pp. 43251-63).
Sec. 889. The second of the motion to suspend the rules. Before the 102d Congress, certain motions to suspend the rules were required to be seconded, if demanded, by a majority by tellers, but this requirement was eliminated from the rule (H. Res. 5, Jan. 3, 1991, p. 39). The requirement for a second was adopted in 1874, was rescinded two years later, but was again adopted in 1880. The object of it was to prevent consumption of the time of the House by forcing consideration of undesirable propositions (V, 6797). The requirement (formerly clause 2 of rule XXVII) was amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) so that a second was not required where printed copies of the proposed measure were available. The constitutional right of a Member to demand the yeas and nays, or the right of a Member under clause 1(b) of rule XX to demand a recorded vote, did not exist on the question of ordering a second under the former clause 2 of rule XXVII, which only permitted the ordering of a second by tellers if a quorum was present (V, 6032-6036; VIII, 3109; Dec. 16, 1981, p. 31851). The fact that a majority of the Members of the House did not pass between the tellers on the question of ordering a second did not conclusively show that a quorum was not present in the Chamber, and the Speaker could count the House to determine whether a quorum was actually present (Dec. 16, 1981, p. 31851). However, where a quorum failed on the vote for a second, under
Sec. 889a. Withdrawal of motion. A motion to suspend the rules may be withdrawn at any time before the Chair puts the question and a voice vote is taken thereon (V, 6840, 6844; VIII, 3405, 3419; June 5, 2012, p. _). The motion may be withdrawn by unanimous consent, even after the Speaker has put the question on its adoption and postponed further proceedings (Deschler, ch 21 Sec. 13.23; Dec. 5, 2012, p. _).
Sec. 890. Dilatory motions pending motions to suspend rules. (b) Pending a motion that the House suspend the rules, the Speaker may entertain one motion that the House adjourn but may not entertain any other motion until the vote is taken on the suspension.
This provision (formerly clause 8 of rule XVI) was adopted in 1868 (V, 5743), and amended in 1911 (VIII, 2823). A technical change was effected in the 110th Congress (sec. 505(c), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). A motion for a recess (V, 5748-5751) and for a call of the House when there was no doubt of the presence of a quorum (V, 5747) were held to be dilatory motions within the meaning of the rule. But where a motion to suspend the rules has been made and, after one motion to adjourn has been acted on, a quorum has failed, another motion to adjourn has been admitted (V, 5744-5746).
Sec. 891. The 40 minutes of debate on motion to suspend the rules. (c) A motion that the House suspend the rules is debatable for 40 minutes, one-half in favor of the motion and one-half in opposition thereto.
[[Page 678]] the bill, in which event some Member in favor is recognized for debate (VIII, 3416; Oct. 5, 2004, pp. 20850-52, 20862). When the mover and the opponent divide their time with others, the practice as to alternation of recognitions is not insisted on so rigidly as in other debate (II, 1442). Debate should be confined to the object of the motion and may not range to the merits of a bill not scheduled for suspension on that day (Nov. 23, 1991, p. 34189). This provision (formerly clause 2 of rule XXVII) was adopted in 1880 (V, 6821). It was amended and redesignated from clause 3 to clause 2 of rule XXVII in the 102d Congress to conform to the repeal of the former clause 2, relating to the requirement of a second (H. Res. 5, Jan. 3, 1991, p. 39). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 2 of rule XXVII. Former clause 2 consisted of paragraph (b) and another provision currently found in clause 1(a) of rule XIX permitting 40 minutes debate on an otherwise debatable question on which the previous question has been ordered without debate (H. Res. 5, Jan. 6, 1999, p. 47). Before the adoption of this provision in 1880 (V, 6821) the motion to suspend the rules was not debatable (V, 5405, 6820). The 40 minutes of debate is divided between the mover and a Member opposed to the bill, unless it develops that the mover is opposed to Where recognition for the 20 minutes in opposition is contested, the Speaker will accord priority first on the basis of true opposition, then on the basis of committee membership, and only then on the basis of party affiliation, the latter preference inuring to the minority party (VIII, 3415; Nov. 18, 1991, p. 32510). The Chair will not examine the degree of opposition to the motion by a member of the committee who seeks the time in opposition (Aug. 3, 1999, p. 19275). Any challenge to the Member recognized to control the time in opposition to the motion must be made when the time is allocated by the Chair (May 15, 1984, p. 12215; Speaker Wright, June 2, 1987, p. 14223). Discharge motions, second and fourth Mondays This paragraph formerly included a provision dealing with the Speaker's authority to postpone further proceedings on motions to suspend the rules. It was added in the 93d Congress (H. Res. 998, Apr. 9, 1974, pp. 10195-99), amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and amended further in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). It was deleted entirely in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) when all of the Speaker's postponing authorities were consolidated into clause 5 of rule I (current clause 8 of rule XX).
892. Motion to discharge a committee. 2. (a) Motions to discharge committees shall be in order on the second and fourth Mondays of a month.
(b)(1) A Member may present to the Clerk a motion in writing to discharge-- (A) a committee from consideration of a public bill or public resolution that has been referred to it for 30 legislative days; or [[Page 679]] ation of a public bill or public resolution that has been reported by a committee or has been referred to a committee for 30 legislative days. (B) the Committee on Rules from consideration of a resolution that has been referred to it for seven legislative days and that proposes a special order of business for the consider (2) Only one motion may be presented for a bill or resolution. A Member may not file a motion to discharge the Committee on Rules from consideration of a resolution providing for the consideration of more than one public bill or public resolution or admitting or effecting a nongermane amendment to a public bill or public resolution. [[Page 680]] the Calendar of Motions to Discharge Committees. (c) A motion presented under paragraph (b) shall be placed in the custody of the Clerk, who shall arrange a convenient place for the signatures of Members. A signature may be withdrawn by a Member in writing at any time before a motion is entered on the Journal. The Clerk shall make the signatories a matter of public record, causing the names of the Members who have signed a discharge motion during a week to be published in a portion of the Congressional Record designated for that purpose on the last legislative day of the week and making cumulative lists of such names available each day for public inspection in an appropriate office of the House. The Clerk shall devise a means for making such lists available to offices of the House and to the public in electronic form. When a majority of the total membership of the House shall have signed the motion, it shall be entered on the Journal, published with the signatories thereto in the Record, and referred to (d)(1) On the second and fourth Mondays of a month (except during the last six days of a session of Congress), immediately after the Pledge of Allegiance to the Flag, a motion to discharge that has been on the calendar for at least seven legislative days shall be privileged if called up by a Member whose signature appears thereon. When such a motion is called up, the House shall proceed to its consideration under this paragraph without intervening motion except one motion to adjourn. Privileged motions to discharge shall have precedence in the order of their entry on the Journal. (2) When a motion to discharge is called up, the bill or resolution to which it relates shall be read by title only. The motion is debatable for 20 minutes, one-half in favor of the motion and one-half in opposition thereto. (e)(1) If a motion prevails to discharge the Committee on Rules from consideration of a resolution, the House shall immediately consider the resolution, pending which the Speaker may entertain one motion that the House adjourn but may not entertain any other dilatory motion until the resolution has been disposed of. If the resolution is adopted, the House shall immediately proceed to its execution. [[Page 681]] resolution shall be privileged if offered by a Member whose signature appeared on the motion to discharge. The motion to proceed is not debatable. If the motion to proceed is adopted, the bill or resolution shall be considered immediately under the general rules of the House. If unfinished before adjournment of the day on which it is called up, the bill or resolution shall remain the unfinished business until it is disposed of. If the motion to proceed is rejected, the bill or resolution shall be referred to the appropriate calendar, where it shall have the same status as if the committee from which it was discharged had duly reported it to the House. (2) If a motion prevails to discharge a committee from consideration of a public bill or public resolution, a motion that the House proceed to the immediate consideration of such bill or (f)(1) When a motion to discharge originated under this clause has once been acted on by the House, it shall not be in order to entertain during the same session of Congress-- (A) a motion to discharge a committee from consideration of that bill or resolution or of any other bill or resolution that, by relating in substance to or dealing with the same subject matter, is substantially the same; or (B) a motion to discharge the Committee on Rules from consideration of a resolution providing a special order of business for the consideration of that bill or resolution or of any other bill or resolution that, by relating in substance to or dealing with the same subject matter, is substantially the same. [[Page 682]] dered out of order under subparagraph (1) shall be stricken from that calendar. (2) A motion to discharge on the Calendar of Motions to Discharge Committees that is ren This clause (formerly clause 3 of rule XXVII) was adopted December 8, 1931, and amended January 3, 1935 (VII, 1007). It displaced a rule providing for a motion to instruct a committee to report a public bill or resolution. The first discharge rule was adopted in the 61st Congress (June 17, 1910, pp. 8439, 8445). It was amended during the 62d Congress (Apr. 4-5, 1911, pp. 18, 80). It was further amended in the 62d Congress (H. Res. 407, Feb. 3, 1912, p. 1685), the 68th Congress (H. Res. 146, Jan. 18, 1924, p. 1143), and the 69th Congress (H. Res. 6, Dec. 7, 1925, p. 383). This provision was redesignated from clause 4 to clause 3 in the 102d Congress to conform to the repeal of the former clause 2 of rule XXVII, relating to the requirement of a second; it was at the same time amended to enable debate on a resolution discharged from the Committee on Rules (H. Res. 5, Jan. 3, 1991, p. 39). Under the previous form of the rule, where the Committee on Rules was discharged from further consideration of a resolution the House immediately voted on adoption of the resolution (Speaker Rayburn, Jan. 24, 1944, p. 631). In the 103d Congress, after a successful petition under this clause placed on the calendar a motion to discharge the Committee on Rules from further consideration of a resolution to require publication of the names of Members who had signed pending discharge petitions, the clause was so amended (H. Res. 134, Sept. 28, 1993, p. 22698). In the 104th Congress the clause was amended to ensure the periodic publication of such names (sec. 219, H. Res. 6, Jan. 4, 1995, p. 468). Before the 103d Congress signatures on a motion to discharge a committee were not made public until the requisite number had signed the motion (VII, 1008; Apr. 12, 1934, p. 6489). In the 105th Congress the clause was amended to clarify that, to be a proper object of a discharge petition, a resolution providing a special rule must address the consideration of only one measure and must not propose to admit or effect a nongermane amendment (H. Res. 5, Jan. 7, 1997, p. 121). A clerical correction was effected in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26) and a technical correction was effected in the 110th Congress (sec. 505(d), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). The 112th Congress clarified that paragraph (c) does not require the disclosure of actual signatures (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. _). The 113th Congress removed several references to a ``standing'' committee (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). [[Page 683]] 218 signatures and is entered on the Journal, the withdrawal is printed in the Record (Apr. 23, 1998, p. 6590). The phrase ``a majority of the total membership of the House'' was construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509), not including Delegates or the Resident Commissioner; and a Delegate or the Resident Commissioner may not sign a discharge petition even by unanimous consent (Oct. 1, 2003, p. 23853). The rule does not authorize signature of discharge motions by proxy (VII, 1014). When a Member withdraws a signature from a discharge petition at any time before it garners The rule does not apply to a bill that has been reported by a committee during the interval between the placing of a motion to discharge on the calendar and the day when such motion is called up for action in the House (Apr. 23, 1934, p. 7156). The Committee on Rules may not be discharged from further consideration of a resolution providing for an investigating committee (Apr. 23, 1934, p. 7161). The death or resignation of a Member who has signed a motion does not invalidate the signature (May 31, 1934, p. 10159). It may be withdrawn by the Member's successor (Dec. 7, 1943, p. 10388; Jan. 17, 1946, p. 96; Mar. 5, 1946, p. 1968; July 30, 1946, pp. 10464, 10491; Mar. 2, 1948, pp. 1993, 2001; Jan. 16, 1950, p. 436). The seven days that the motion must be on the calendar before it may be called up begins to run as of the day the motion is placed on the calendar (Dec. 14, 1937, p. 1517). A discharge petition in the 102d Congress received the requisite number of signatures on the same day it was filed (May 20, 1992, p. 12222), and subsequently by unanimous consent the House dispensed with the motion to discharge and agreed to consider the object of the petition (a special order of business resolution) on a date certain under the same terms as if discharged by motion (June 4, 1992, p. 13618). In the 103d Congress a discharge petition also received the requisite number of signatures on the same day it was filed (Feb. 24, 1994, p. 2999). In the 103d Congress a petition received the requisite number of signatures to enable a motion to discharge a resolution amending this rule to require publication of Members signing a discharge petition (Sept. 8, 1993, p. 20361). In the 107th Congress a petition received the requisite signatures to enable a motion to discharge a rule providing for the consideration of a measure to provide campaign finance reform (Jan. 24, 2002, pp. 145-56). The right to close debate on a motion to discharge a committee is reserved to the proponent of the motion (VII, 1010a); and the chair of the committee being discharged, if opposed to the motion, has been recognized to control the 10 minutes in opposition (Aug. 10, 1970, p. 27999). Where a measure not requiring consideration in the Committee of the Whole House on the state of the Union is brought before the House by a successful motion to discharge, the Member moving its consideration is recognized in the House under the hour rule (Aug. 10, 1970, p. 28004). The point of order provided in clause 4 of rule XXI (formerly clause 5(a) of rule XXI) does not apply to an appropriation in a bill taken away from a committee by the motion to discharge (VII, 1019a). [[Page 684]] Adverse report by the Committee on Rules, second and fourth Mondays Under Jefferson's Manual (Sec. 364, supra) a line of Members waiting to sign a discharge petition should proceed to the rostrum from the far right-hand aisle and should not stand between the Chair and Members engaging in debate (Oct. 24, 1997, p. 23293).
893. Adverse report by Rules Committee. 3. An adverse report by the Committee on Rules on a resolution proposing a special order of business for the consideration of a public bill or public joint resolution may be called up under clause 6(e) of rule XIII as a privileged question by a Member, Delegate, or Resident Commissioner on a day when it is in order to consider a motion to discharge committees under clause 2.
District of Columbia business, second and fourth Mondays This provision was initially adopted January 18, 1924, amended December 8, 1931 (VIII, 2268), January 3, 1949 (p. 16), January 3, 1951 (p. 18), January 4, 1965 (p. 24) (inserting the so-called ``21-day rule''), January 10, 1967 (H. Res. 7, p. 28) (deleting the ``21-day rule'' in effect in the 89th Congress), January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Before the House recodified its rules in the 106th Congress, this provision was found only in former clause 4(c) of rule XI. It is currently found in both this provision and clause 6(e) of rule XIII (H. Res. 5, Jan. 6, 1999, p. 47).
894. District of Columbia. 4. The second and fourth Mondays of a month shall be set apart for the consideration of such District of Columbia business as may be called up by the Committee on Oversight and Government Reform after the disposition of motions to discharge committees and after the disposal of such business on the Speaker's table as requires reference only.
[[Page 685]] on Government Reform and Oversight (and in the 106th and 110th Congresses to reflect a change in the name of a committee) (sec. 202, H. Res. 6, Jan. 4, 1995, p. 465; H. Res. 5, Jan. 6, 1999, p. 47; sec. 215(f), H. Res. 6, Jan. 4, 2007, p. 19). Before the House recodified its rules in the 106th Congress, this provision was found in former clause 8 of rule XXIV (H. Res. 5, Jan. 6, 1999, p. 47). The first rule allocating a fixed day for District of Columbia business was adopted in 1870. In 1890 the rule (formerly clause 8 of rule XXIV) was amended (IV, 3304). It was again amended December 8, 1931 (VII, 872). In the 104th Congress it was amended to reflect that the jurisdiction of the former Committee on the District of Columbia had been subsumed within the amalgamated jurisdiction of the newly designated Committee The Committee on Government Reform and Oversight (now Oversight and Government Reform) may not, on a District day, call up a bill reported from another committee (IV, 3311). If certain of the committee's bills are on one of the calendars of the Committees of the Whole, a motion to go into committee to consider them is in order (IV, 3310). Bills reported from the District Committee (now Oversight and Government Reform) are not so privileged as to prevent their being taken up under call of committees on Wednesday (VII, 937). Business unfinished on one District day does not come up on the next unless called up (IV, 3307; VII, 879, 880). The question of consideration may not be demanded against District business generally, but may be demanded against any bill as it is presented (IV, 3308, 3309). Private Calendar, first and third Tuesdays On District days it is in order to go into the Committee of the Whole to consider revenue or general appropriation bills (VI, 716-718; VII, 876, 1123). Consideration of conference reports is in order on District Monday (VIII, 3202). District of Columbia business is in order on the second and fourth Mondays of the month before or after other business (such as motions to suspend the rules), and the fact that the House has considered some District of Columbia business before motions to suspend the rules does not affect the eligibility of further such business after suspensions have been completed (Sept. 17, 1984, p. 25523). [[Page 686]] thirds of the Members voting, a quorum being present, agree to a motion that the House dispense with the call.
895. Interruption of the regular order on Tuesdays for consideration of the Private Calendar. 5. (a) On the first Tuesday of a month, the Speaker shall direct the Clerk to call the bills and resolutions on the Private Calendar after disposal of such business on the Speaker's table as requires reference only. If two or more Members, Delegates, or the Resident Commissioner object to the consideration of a bill or resolution so called, it shall be recommitted to the committee that reported it. No other business shall be in order before completion of the call of the Private Calendar on this day unless two-
(b)(1) On the third Tuesday of a month, after the disposal of such business on the Speaker's table as requires reference only, the Speaker may direct the Clerk to call the bills and resolutions on the Private Calendar. Preference shall be given to omnibus bills containing the texts of bills or resolutions that have previously been objected to on a call of the Private Calendar. If two or more Members, Delegates, or the Resident Commissioner object to the consideration of a bill or resolution so called (other than an omnibus bill), it shall be recommitted to the committee that reported it. Two-thirds of the Members voting, a quorum being present, may adopt a motion that the House dispense with the call on this day. [[Page 687]] (2) Omnibus bills shall be read for amendment by paragraph. No amendment shall be in order except to strike or to reduce amounts of money or to provide limitations. An item or matter stricken from an omnibus bill may not thereafter during the same session of Congress be included in an omnibus bill. Upon passage such an omnibus bill shall be resolved into the several bills and resolutions of which it is composed. The several bills and resolutions, with any amendments adopted by the House, shall be engrossed, when necessary, and otherwise considered as passed severally by the House as distinct bills and resolutions. (c) The Speaker may not entertain a reservation of the right to object to the consideration of a bill or resolution under this clause. A bill or resolution considered under this clause shall be considered in the House as in the Committee of the Whole. A motion to dispense with the call of the Private Calendar under this clause shall be privileged. Debate on such a motion shall be limited to five minutes in support and five minutes in opposition.
Sec. 896. Tuesday as a day for private business. This provision (formerly clause 6 of rule XXIV) was adopted in the 62d Congress in lieu of special orders under which pension and private business formerly had been considered. The rule was amended on April 23, 1932 (VII, 846) and was adopted in its present form on March 27, 1935 (pp. 4480-89, 4538). When the House recodified its rules in the 106th Congress, this provision was transferred from former clause 6 of rule XXIV and the archaic reference to the ``Calendar of the Committee of the Whole House'' was changed to the ``Private Calendar'' (H. Res. 5, Jan. 6, 1999, p. 47). A Member serving as an ``official objector'' for the Private Calendar has periodically included in the Record an explanation of how bills on the Private Calendar are considered (see, e.g., Dec. 5, 1995, p. 35354; June 17, 1997, p. 11015; Nov. 17, 2003, p. 29279). Clause 4 of rule XII prohibits consideration of certain private bills. Under former clause 6(e)(2) of rule XV (current clause 7(b) of rule XX), the Speaker has discretion to recognize a Member to move a call of the House before the call of the Private Calendar (July 8, 1987, p. 18972). Unanimous consent is required to place the call at another time during the day (July 16, 1996, p. 17224; Apr. 21, 1998, p. 6184), including after one-minute speeches (Dec. 18, 2012, p. _).
Sec. 897. Methods of considering omnibus bills. During the consideration of omnibus bills the Chair declines to recognize Members for unanimous-consent requests to address the House (May 7, 1935, p. 7100); motions to strike the last word are not in order, and requests for extension of time under the five-minute rule are not entertained (Speaker Byrns, Mar. 17, 1936, pp. 3890, 3894).
[[Page 688]] ing amounts of money carried in the bill or to provide limitations, and debate on those permissible motions was under the five-minute rule. After the passage of an omnibus bill, it is resolved into the various private bills of which it is composed and each is engrossed and messaged to the Senate as if individually passed; thus it is possible, after passage of the omnibus bill, to lay on the table a private House or Senate bill that was included therein (by unanimous consent) (Sept. 17, 1968, p. 27184). An omnibus private bill is normally passed over by the Clerk when the Private Calendar is called on the first Tuesday of the month, but the House may prescribe, by special order, that such omnibus bills shall be passed over (June 27, 1968, p. 19106). During the consideration of the First Omnibus Bill of 1968, seven roll calls occurred and seven of the 15 bills carried therein were stricken by motion (Sept. 17, 1968, pp. 27165-84). Amendments to the bill were strictly limited by the rule to those striking or reduc On the third Tuesday of the month, the calendar is not called unless the Speaker so directs (Oct. 16, 1990, p. 29646); and in those cases, omnibus bills on the Calendar are called before individual bills thereon (Feb. 17, 1970, pp. 3605-13). A motion to dispense with the call of the Private Calendar on the third Tuesday of each month is likewise in order (provided that the Chair has not exercised discretionary authority (Nov. 17, 1981, p. 27770 (sustained by tabling of appeal)) to dispense with the call).
Sec. 898. Former Corrections Calendar. For the former Corrections Calendar rule, see Sec. 898 of the House Rules and Manual for the 111th Congress (H. Doc. 110-162).
Calendar Call of Committees, Wednesdays
Sec. 899. Former Consent Calendar. For the former Consent Calendar rule, see Sec. 899 of the House Rules and Manual for the 111th Congress (H. Doc. 110-162).
900. Calendar Wednesday business. 6. (a) On Wednesday of each week, business shall not be in order before completion of the call of those committees (except as provided by clause 4 of rule XIV) whose chair, or other member authorized by the committee, has announced to the House a request for such call on the preceding legislative day.
[[Page 689]] debate on a measure considered under this clause shall be confined to the measure and may not exceed two hours equally divided between a proponent and an opponent. (b) A bill or resolution on either the House or the Union Calendar, except bills or resolutions that are privileged under the Rules of the House, may be called under this clause. A bill or resolution called up from the Union Calendar shall be considered in the Committee of the Whole House on the state of the Union without motion, subject to clause 3 of rule XVI. General (c) This clause does not apply during the last two weeks of a session of Congress. (d) Precedents, rulings, or procedures in effect before the One Hundred Eleventh Congress regarding the priority of business and the availability of other business on Wednesday shall be applied only to the extent consistent with this clause. This clause (formerly clause 7 of rule XXIV), was adopted March 1, 1909, and amended March 15, 1909. The last sentence of paragraph (b) (first proviso of former clause 7 of rule XXIV) was adopted January 18, 1916. The clause was rewritten in the 111th Congress to provide for Calendar Wednesday business from a committee only upon its request (sec. 2(e), H. Res. 5, Jan. 6, 2009, p. 7). For a history of the clause as it existed before that Congress, and related precedents, see Sec. Sec. 900, 901 of the House Rules and Manual for the 110th Congress (H. Doc. 109- 157). Paragraph (d) was added in the 113th Congress (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _).
Sec. 901. Decisions on Calendar Wednesday. The rule applies to unprivileged bills only, and when a bill otherwise unprivileged is given a privileged status by unanimous consent or by rule it is automatically rendered ineligible for consideration on Calendar Wednesday (VII, 932-935). The rule does not apply to amendments between the Houses, unreported bills, or Senate bills being held at the Speaker's desk (Mar. 12, 2008, p. 3854). House Calendar bills have no preference over Union Calendar bills (VII, 938).
When a bill on the Union Calendar is called up on Calendar Wednesday the House automatically resolves itself into the Committee of the Whole House on the state of the Union (VII, 939; Jan. 25, 1984, p. 358), and when a Union Calendar bill is the unfinished business the Speaker declares the House in Committee of the Whole without motion (VII, 940, 942). [[Page 690]] The question of consideration may be raised on a bill on the House Calendar on Calendar Wednesday, even after one Wednesday has been devoted to its consideration (VIII, 2447), and the question of consideration is properly raised on Union Calendar bills before automatically resolving into Committee of the Whole House on the state of the Union (VII, 952). During the 61st and 62d Congresses it was held that the call of committees rested where the call left off on the preceding day, whether the last call was on a Wednesday or during the morning hour on another day, thus making but one committee call under the two rules. But under the later practice there have been two distinct calls of committees, one under clause 4 of rule XIV (formerly clause 4 of rule XXIV), the morning hour, and another under Calendar Wednesday (VII, 944) when committees are called twice (VII, 924; Mar. 12, 2008, p. 3853). The same rule of debate applies to House Calendar bills called up on Calendar Wednesday as on other days, and the Member in charge of the bill may move the previous question at any time (VII, 955). The previous question having been ordered on a bill on Calendar Wednesday, the bill becomes the unfinished business on Thursday (VII, 895, 967). It is in order to consider a vetoed bill on Calendar Wednesday, because such a question is privileged under the Constitution (VII, 912), but a bill privileged by reason of the Rules of the House cannot be called up on Calendar Wednesday (VII, 932); for example, a general appropriation bill (VII, 904), or a bill under consideration by reason of a special order, unless the special order expressly sets aside Calendar Wednesday (VII, 773), or a conference report (VII, 899). A motion to reconsider an action taken on a bill on Tuesday may be entered, but may not be considered on Calendar Wednesday (VII, 905). Privileged bills may be reported but not considered on Calendar Wednesday (VII, 907), except by unanimous consent (Jan. 25, 1984, p. 357). The Speaker has entertained a unanimous-consent request for business (to send a bill to conference) (Mar. 28, 1984, p. 6869) and for one-minute speeches (Mar. 21, 1984, pp. 6187, 6188; May 7, 2008, p. 7993) before the call of committees on Calendar Wednesday. District of Columbia business is eligible for consideration on Calendar Wednesday (VII, 937). A motion to adjourn (May 7, 2008, pp. 7996, 8000) and the administration of the oath (May 7, 2008, p. 7997; VI, 22) may interrupt the call of committees. Once Calendar Wednesday proceedings are completed, other business may be conducted (VII, 921). It has been held that if no Member opposed to the bill desires to claim the hour specified in the rule for general debate against the bill, the time may be claimed by a Member who is in favor of the bill (VII, 962), but this principle has been questioned (VII, 961). [[Page 691]] Calendar Wednesday must have been given to its chair by a committee (IV, 3127). Clause 2(b) of rule XIII (formerly clause 2(l)(1) of rule XI), requiring the chair of each committee to report or cause to be reported promptly measures approved by the committee and to take such necessary steps to bring the matter to a vote, is sufficient authority for the chair to call up a properly-noticed bill on Calendar Wednesday, but any other committee member must obtain specific authority of the committee to call up a reported bill on Calendar Wednesday (VII, 928, 929; Feb. 22, 1950, p. 2162; Feb. 1, 1984, p. 1193; Sept. 12, 1984, p. 25100; Apr. 18, 2007, p. 9201). Before the Legislative Reorganization Act of 1946 and the subsequent adoption of former clause 2(l)(1)(A) of rule XI, authority to call up a bill on Rule XVI Motions motions and amendments
902. Motions reduced to writing and entered on the Journal. 1. Every motion entertained by the Speaker shall be reduced to writing on the demand of a Member, Delegate, or Resident Commissioner and, unless it is withdrawn the same day, shall be entered on the Journal with the name of the Member, Delegate, or Resident Commissioner offering it. A dilatory motion may not be entertained by the Speaker.
In 1880 the first sentence of this clause was composed of language adopted in 1789 and 1806 (V, 5300). The last sentence of this clause (formerly clause 10 of rule XVI) was adopted in 1890 (V, 5706) to make permanent a principle already enunciated in a ruling of the Speaker, who had declared that the ``object of a parliamentary body is action, and not stoppage of action'' (V, 5713). When the House recodified its rules, it consolidated clause 1 and former clause 10 of rule XVI under this clause (H. Res. 5, Jan. 6, 1999, p. 47). Because of this provision it has been held not in order to amend or strike a Journal entry setting forth a motion exactly as made (IV, 2783, 2789). A motion not entertained is not entered on the Journal (IV, 2813, 2844-2846). See Sec. 71, supra, for discussion of Journal entries. Any Member may demand that a motion, including the motion to adjourn, be reduced to writing and in the proper form (Sept. 27, 1993, p. 22608; Jan. 4, 1995, p. 509), and the demand may be initiated by the Chair (July 24, 1986, p. 17641). Consistent with this clause, the chair of the Committee of the Whole requires that each amendment be reduced to writing (July 22, 1994, p. 17617). Although a motion to recommit is properly presented in writing, no rule requires that the proponent distribute copies on the floor (June 28, 2000, p. 12749). [[Page 692]] cised until the object of the dilatory motion ``becomes apparent to the House'' (V, 5713, 5714). For example, the Chair has held that a virtually consecutive invocation of former rule XXX (current clause 6 of rule XVII), resulting in a second pair of votes on use of a chart and on reconsideration thereof, was not dilatory under this provision (or former clause 4(b) of rule XI (current clause 6(b) of rule XIII)) (July 31, 1996, p. 20700). Usually, but not always, the Speaker awaits a point of order from the floor before acting (V, 5715-5722). The rule has been applied to the motions to adjourn (V, 5721, 5731-5733; VIII, 2796, 2813), to reconsider (V, 5735; VIII, 2797, 2815, 2822), to fix the time of five-minute debate in Committee of the Whole (V, 5734; VIII, 2817), to lay on the table (VIII, 2816), and to the question of consideration (V, 5731-5733). The point of no quorum also has been ruled out (V, 5724- 5730; VIII, 2801, 2808), and former clause 6 of rule XV (current clause 7 of rule XX) as adopted in the 93d Congress and as amended in the 95th Congress prevents the making of a point of no quorum under certain circumstances. A demand for tellers has been held dilatory (V, 5735, 5736; VIII, 2436, 2818-2821), but the constitutional right of the Member to demand the yeas and nays may not be overruled (V, 5737; VIII, 3107). For a ruling by Speaker Gillett construing dilatory motions, see VIII, 2804. For discussion of dilatory motions pending consideration of a report from the Committee on Rules, see Sec. Sec. 857-858, supra. Withdrawal
Sec. 903. Dilatory motions. The Speaker has declined to entertain debate or appeal on a question as to the dilatoriness of a motion, because doing so would nullify the rule (V, 5731); but has recognized that the authority conferred by the rule should not be exer
904. Stating and withdrawing of motions. 2. When a motion is entertained, the Speaker shall state it or cause it to be read aloud by the Clerk before it is debated. The motion then shall be in the possession of the House but may be withdrawn at any time before a decision or amendment thereon.
The provisions of this clause were adopted first in 1789. At that time a second was required for every motion, but in practice this requirement became obsolete very early, and it was dropped from the rule in 1880 (V, 5304). Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 693]] The House always insists that the motion be stated or read before debate shall begin (V, 4937, 4983) and the Clerk's reading may be dispensed with only by unanimous consent (Dec. 15, 1975, p. 40671; see also Sec. 432, supra). It is the duty of the Speaker to put the question on a motion in order under the rules and practice without passing on its constitutional effect (IV, 3550; VIII, 2225, 3031, 3071, 3427). In a case wherein a clerk presiding during organization of the House declined to put a question, a Member-elect put the question from the floor (I, 67). Under certain circumstances (such as the practice of extinguishing reconsideration by laying a motion to reconsider on the table), a Member may offer a double motion (V, 5637).
Sec. 905. Conditions of withdrawal of motions. A motion may be withdrawn at any time before a decision thereon, including a motion to instruct conferees (Oct. 31, 2000, p. 25737) and a contempt resolution (Oct. 27, 2000, p. 25200). Unanimous consent is not required to withdraw a pending unanimous-consent request (Dec. 16, 1985, p. 36575).
While the House was dividing on a second of the previous question (this second is no longer required) on a motion to refer a resolution, the proponent was permitted to withdraw the resolution (V, 5350). A motion was withdrawn after the previous question had been ordered on an appeal from a decision on a point of order as to the motion (V, 5356). A motion to suspend the rules could be withdrawn at any time before a second was ordered (a second is no longer required) (V, 6844; VIII, 3405, 3419), even on another suspension day (V, 6844). However, the motion could not be withdrawn if a second were ordered, except by unanimous consent (VIII, 3420). In the modern practice, in which a second is not required on a motion to suspend the rules, the motion may be withdrawn at any time before action is taken thereon (July 27, 1981, p. 17563) including after proceedings have been postponed under clause 8 of rule XX (Sept. 29, 2010, p. _). A motion may be withdrawn although an amendment has been offered and is pending (V, 5347; VI, 373; VIII, 2639). In the House an amendment, whether simple or in the nature of a substitute, may be withdrawn at any time before an amendment is adopted thereto or a decision is had thereon (VI, 587; VIII, 2332, 2764). The same right to withdraw an amendment exists ``in the House as in Committee of the Whole'' (IV, 4935; June 26, 1973, p. 21315) and in standing committees where general procedures of the House as in the Committee of the Whole apply (Sec. 427, supra). However, unanimous consent to withdraw an amendment is required in Committee of the Whole (V, 5221, 5753; VI, 570; VIII, 2465, 2859, 3405), unless withdrawal authority has been conferred by the House (July 22, 1999, p. 17291; Apr. 3, 2003, pp. 8490, 8491; Nov. 7, 2007, p. 30353). An amendment disposed of in the Committee of the Whole by voice vote may not be withdrawn (June 17, 2004, pp. 12944, 12945). [[Page 694]] A motion may be withdrawn after the affirmative side has been taken on a division (V, 5348). Withdrawal of a pending resolution is not in order when the absence of a quorum has been announced by the Chair (Oct. 14, 1970, pp. 36665-69). A motion that the House resolve into the Committee of the Whole for the consideration of a bill may be withdrawn pending a point of order against consideration of the bill. If the motion is withdrawn, the Chair is not obligated to rule on the point of order (VIII, 3405; Dec. 3, 1979, p. 34385). A decision that prevents withdrawal may consist of the following: (1) the ordering of the yeas and nays (V, 5353), either directly on the motion or on a motion to lay it on the table (V, 5354); (2) the ordering of the previous question (V, 5355; June 29, 1995, p. 17967), or the demand therefor (V, 5489), or (3) the refusal to lay on the table (V, 5351, 5352; VIII, 2640). If the Speaker has put the question on adoption of a resolution to a voice vote without the ordering of the previous question, and the yeas and nays have not been ordered (V, 5349; Feb. 26, 1985, p. 3501) or if a voice vote (and the record vote on the associated motion for the previous question) has been vacated (Sept. 25, 2008, pp. 21820, 21821), the resolution may be withdrawn. A privileged resolution called up in the House is debated under the hour rule; and the Member calling up such a resolution is recognized for an hour notwithstanding the fact that the resolution has been previously considered, debated, and then withdrawn before action thereon (Apr. 8, 1964, pp. 7303-08). Where proceedings are postponed on a motion for the previous question pending a point of no quorum against a voice vote thereon (pursuant to former clause 5 of rule I (current clause 8 of rule XX)), the manager may withdraw such motion when it is again before the House as unfinished business (July 24, 1989, p. 15818). Question of consideration A Member having the right to withdraw a motion before a decision thereon has the resulting power to modify the motion (V, 5358; Oct. 23, 1990, p. 32667), and a Member having the right to withdraw a motion to instruct conferees before a decision thereon has the resulting power to modify the motion by offering a different motion at the same stage of proceedings (July 14, 1993, p. 15661). A motion being withdrawn, all proceedings on an appeal arising from a point of order related to it fell thereby (V, 5356).
906. The question of consideration. 3. When a motion or proposition is entertained, the question, ``Will the House now consider it?'' may not be put unless demanded by a Member, Delegate, or Resident Commissioner.
[[Page 695]] day when the bill is again called up as unfinished business (VIII, 2438). It has once been held that a question of privilege that the House has refused to consider may be brought up again on the same day (V, 4942). The question of consideration is not debatable (VIII, 2447), and thus not subject to the motion to lay on the table (Oct. 4, 1994, p. 27643). See also clause 6 of rule XIV (Sec. 884, supra), which provides that questions relating to the priority of business are not debatable. The question of consideration is an outgrowth of the practice of the House, and was in use as early as 1808. The rule was adopted in 1817 in order to limit its use. Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). It is the means by which the House protects itself from business that it does not wish to consider (V, 4936; VIII, 2436). The refusal to consider does not amount to the rejection of a bill or prevent its being brought before the House again (V, 4940), and an affirmative vote does not prevent the question of consideration from being raised on a subsequent
Sec. 907. Raising the question of consideration. A Member may demand the question of consideration, although the Member in charge of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but after debate has begun the demand may not be made (V, 4937-4939). It has been admitted, however, after the offering of a motion to lay on the table but before its disposition (V, 4943). The demand for the question of consideration may not be prevented by a motion for the previous question (V, 5478), but after the previous question is ordered it may not be demanded (V, 4965, 4966), even on another day, unless other business has intervened (V, 4967, 4968). The question of consideration pending, a motion to refer is not in order (V, 5554).
The intervention of an adjournment does not destroy the right to raise the question of consideration (V, 4946), but this right did not hold good in a case in which the yeas and nays had been ordered and the House had adjourned pending the failure of a quorum on the roll call (V, 4949). A question of consideration undisposed of at an adjournment does not recur as unfinished business on a succeeding day (V, 4947, 4948). It is not in order to reconsider the vote whereby the House refuses to consider a bill (V, 5626, 5627), although it is in order to reconsider an affirmative vote on the question of consideration (Oct. 4, 1994, p. 27644). [[Page 696]] the order of considering individual bills (V, 4961-4963; VIII, 2440, 2441, see Sec. 858, supra).
Sec. 908. Questions subject to the question of consideration. The question of consideration may be demanded against a matter of the highest privilege, such as the right of a Member to a seat (V, 4941), a question involving the privilege of the House (VI, 560), against the motion to reconsider (VIII, 2437), but not against a bill returned with the President's objection (V, 4960, 4970). It may not be raised against a proposition before the House merely for reference, as a petition (V, 4964). It may not be demanded against a class of business in order under a special order or rule, but may be demanded against each bill individually (IV, 3308, 3309; V, 4958, 4959). It may be raised against a bill the consideration of which has been provided by a special order of business (IV, 3175; V, 4953-4957; June 22, 2006, p. 12280; Jan. 24, 2007, p. 2140; Jan. 31, 2007, p. 2736), unless the order provides for immediate consideration (V, 4960) or provides for the Speaker's declaration that the House resolve into the Committee of the Whole under clause 2 of rule XVIII. The question may be raised against a bill on the Union Calendar on Calendar Wednesday before resolving into the Committee of the Whole even after one Wednesday has been devoted to it (VIII, 2447); but it may not be raised against a report from the Committee on Rules relating to
The question of consideration may not be raised on a motion relating to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958, p. 9216); to a motion to discharge a committee (V, 4977); or against a motion to take from the Speaker's table Senate bills substantially the same as House bills already favorably reported and on the House Calendar (VIII, 2443). On a motion to go into Committee of the Whole to consider a bill the House expresses its wish as to consideration by its vote on this motion (V, 4973-4976; VI, 51; VIII, 2442; May 21, 1958, p. 9216), and the question of consideration is not available after the House has resolved into the Committee of the Whole (May 10, 2007, p. 12191).
Sec. 909. Relation of question of consideration to points of order. A point of order against consideration of a bill should be made and decided before the question of consideration is put (V, 4950, 4951; VII, 2439), but if the point relates merely to the manner of considering, it should be passed on afterwards (V, 4950). In general, after the House has decided to consider, a point of order raised with the object of preventing consideration, in whole or part, comes too late (IV, 4598; V, 4952, 6912-6914), but on a conference report the question of consideration may be demanded before points of order are raised against the substance of the report (VIII, 2439; Speaker Albert, Sept. 28, 1976, p. 33019).
Sec. 910. Unfunded mandates; congressional earmarks; paygo. The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that imposes several requirements on committees with respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c), establishes points of order to permit votes on whether to enforce those requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the question of consideration of a rule or order waiving such points of order in the House (sec. 426(a); 2 U.S.C. 658e(a)). The latter provision also prescribes that such points of order be disposed of by the question of consideration with respect to the proposition against which they are lodged (after 20 minutes of debate) (sec. 426(b); 2 U.S.C. 658e(b)). See Sec. 1127, infra.
Clause 9 of rule XXI establishes a point of order against consideration of certain measures for failure to disclose (or disclaim the presence of) certain earmarks, tax benefits, and tariff benefits (paragraphs (a) and (b)), and permits a vote on the question of consideration of a rule or order waiving such points of order (paragraph (c)). Certain cognizability thresholds are established for points of order under the rule (paragraph (d)). See Sec. 1068d, infra. [[Page 697]] Both points of order may be raised against the same special order of business (May 14, 2008, pp. 9050, 9052). Former clause 10(c)(3) of rule XXI required the Chair to put the question of consideration with regard to measures that included an emergency designation for pay-as-you-go principles. See Sec. 1068j, infra. Sec. 4. Paygo Estimates and Paygo Scorecards. The Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139) requires the Chair to put the question of consideration with regard to measures that include a pay-as-you-go emergency designation: * * * (g) Emergency Legislation.-- (1) Designation in Statute.--If a provision of direct spending or revenue legislation in a PAYGO Act is enacted as an emergency requirement that the Congress so designates in statute pursuant to this section, the amounts of new budget authority, outlays, and revenue in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purposes of this Act. (2) Designation in the House of Representatives.--If a PAYGO Act includes a provision expressly designated as an emergency for the purposes of this title, the Chair shall put the question of consideration with respect thereto. Precedence of motions The question of consideration applies to an emergency designation contained in an amendment between the Houses (in addition to a bill or joint resolution) (e.g., May 28, 2010, p. _; July 22, 2010, p. _) but not to a measure considered under suspension of the rules (e.g., Feb. 25, 2010, p. _). Failure of the Chair to put the question of consideration of a measure under this provision may be overtaken by subsequent action of the House on the measure (July 1, 2010, p. _). Where a measure contained an emergency designation under section 4(g)(1) of the Statutory Pay-As-You-Go Act of 2010 and an emergency designation for purposes of pay-as-you-go principles under former clause 10(c) of rule XXI, the Chair put a single question of consideration with respect thereto pending consideration of the measure (e.g., May 28, 2010, p. _).
911. Precedence of privileged motions. 4. (a) When a question is under debate, only the following motions may be entertained (which shall have precedence in the following order):
(1) To adjourn. (2) To lay on the table. (3) For the previous question. [[Page 698]] (4) To postpone to a day certain. (5) To refer. (6) To amend. (7) To postpone indefinitely. (b) A motion to adjourn, to lay on the table, or for the previous question shall be decided without debate. A motion to postpone to a day certain, to refer, or to postpone indefinitely, being decided, may not be allowed again on the same day at the same stage of the question. (c)(1) It shall be in order at any time for the Speaker, in the discretion of the Speaker, to entertain a motion-- (A) that the Speaker be authorized to declare a recess; or (B) that when the House adjourns it stand adjourned to a day and time certain. (2) Either motion shall be of equal privilege with the motion to adjourn and shall be decided without debate. The first form of this clause appeared in 1789, but amendments have been made at various times (V, 5301; VIII, 2757). Paragraph (c) (former final two sentences of the clause) was added in the 93d Congress to enable a privileged, nondebatable motion to fix the adjournment (H. Res. 6, Jan. 3, 1973, pp. 26-27), and amended in the 102d Congress to enable a privileged, nondebatable motion for recess authority (H. Res. 5, Jan. 3, 1991, p. 39). A gender-based reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). When the House recodified its rules in the 106th Congress, the provision of this clause addressing the motion for the previous question was transferred to clause 2 of rule XIX (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 699]] The application of the first sentence of the clause is confined to cases wherein a question is ``under debate'' (V, 5379). It has been held that a question ceases to be ``under debate'' after the previous question has been ordered (V, 5415). For a discussion of the motion for the previous question, see Sec. Sec. 994-1000, infra.
Sec. 912. The motion to adjourn. The motion to adjourn not only has the highest precedence when a question is under debate, but, with certain restrictions, it has the highest privilege under all other conditions. Even the following yield to it: (1) a question of privilege (III, 2521), including a resolution considered to be a ``question of high constitutional privilege'' such as one declaring the Office of Speaker vacant and to direct the House to proceed at once to the election of a new Speaker (VIII, 2641); (2) the filing of a privileged report pursuant to former clause 4(a) of rule XI (current clause 5 of rule XIII) (Apr. 29, 1985, p. 9699); (3) a motion to suspend the rules (Aug. 11, 1992, p. 23086); (4) a motion to reconsider (V, 5605; see also clause 3 of rule XIX); (5) in the absence of a quorum, the motion for a call of the House (VIII, 2642); (6) a motion to dispense with further proceedings under the call (VIII, 2643); (7) a motion directing the Sergeant-at-Arms to arrest absentees during a call of the House (June 6, 1973, p. 18403). A conference report may defer it only until the report is before the House (V, 6451-6453).
Pursuant to clause 6(b) of rule XIII or clause 1(b) of rule XV, only one motion to adjourn is in order pending consideration of a privileged report from the Committee on Rules or a motion that the House suspend the rules, respectively. The motion may be made: (1) after the yeas and nays are ordered and before the roll call has begun (V, 5366); (2) before the reading of the Journal (IV, 2757) or the Speaker's approval thereof (Speaker Wright, Nov. 2, 1987, p. 30386); (3) pending a motion to reconsider (Sept. 20, 1979, p. 25512); (4) after the House rejects a motion to table a motion to instruct conferees and before the vote occurs on the motion to instruct (May 29, 1980, pp. 12717-19); (5) when the Speaker is absent and the Clerk is presiding (I, 228). The motion to adjourn may not interrupt a Member who has the floor (V, 5369, 5370; VIII, 2646; Mar. 25, 1993, p. 6373; Oct. 1, 1997, p. 20902) including, for example, by virtue of unanimous-consent permission to announce to the House the legislative program (Dec. 14, 1982, p. 30549). It may not: (1) interrupt a call of the yeas and nays (V, 6053) or the actual act of voting by other means (V, 5360); (2) be made after the House has voted to go into Committee of the Whole (IV, 4728; V, 5367, 5368); (3) defer the right of a Member to take the oath (I, 622); (4) be repeated in the absence of intervening business (Speaker Albert, July 31, 1975, p. 26243). When no question is under debate it may not displace a motion to fix the day to which the House shall adjourn (V, 5381). The motion to adjourn is not available when the previous question has been ordered by special rule to final passage without intervening motion (IV, 3211-3213, June 14, 2001, p. 10725; Apr. 18, 2002, p. 4969). A Member's mere revelation that the Member seeks to offer a motion to adjourn does not suffice to make that motion ``pending,'' and thus the Chair remains able to declare a recess under clause 12(a) of rule I (Oct. 28, 1997, p. 23524; June 25, 2003, p. 16241; July 13, 2009, p. 17493). [[Page 700]] ticular day (V, 5360) or hour (V, 5364) (but see Sec. 913, infra, for a discussion of the equally privileged motion to fix the day and time to which the House shall adjourn); or by stating the purposes of adjournment (V, 5371, 5372; VIII, 2647). However, when the hour of daily meeting is not fixed, the motion to adjourn may fix it (V, 5362, 5363). A motion to adjourn is in order in simple form only (VIII, 2647), is not debatable (V, 5359; Feb. 13, 2002, p. 1291), may not be laid on the table (Aug. 3, 1990, p. 22195), is not in order in Committee of the Whole (IV, 4716), and is not entertained when the Committee of the Whole rises to report proceedings incident to securing a quorum (VI, 673; VIII, 2436). After the motion is made neither another motion nor an appeal may intervene before the taking of the vote (V, 5361). When the House adopts the motion to adjourn, it must adjourn immediately; and a unanimous-consent request that the House proceed to the calling of special-order speeches is not in order (Sept. 27, 1993, p. 22608). When the House has fixed the hour of daily meeting, the simple motion to adjourn may not be amended (V, 5754), whether by specifying a par
Sec. 913. Motion to fix the day to which the House shall adjourn and motion to authorize the Speaker to declare a recess. The motion to fix the day and time to which the House shall adjourn, in its present form, was included in this clause and given privileged status in the 93d Congress (H. Res. 6, Jan. 3, 1973, p. 26). At several times during the 19th century, the motion to fix the day to which the House should adjourn was included within the rule as to the precedence of motions but was dropped because of its use in obstructive tactics (V, 5301, 5379). The following precedent relates to the use of the motion in its earlier form: No question being under debate, a motion to fix the day to which the House should adjourn, already made, was held not to give way to a motion to adjourn (V, 5381). But if the motion to adjourn be made first, the motion to fix the day or for a recess is not entertained (V, 5302). The motion to fix the day is not debatable (V, 5379, 5380; VIII, 2648, 3367), requires a quorum for adoption (IV, 2954; June 19, 1975, p. 19789; June 22, 1976, p. 19755), and is only in order if offered on the day on which the adjournment applies (Sept. 23, 1976, p. 32104). The House may convene and adjourn twice on the same calendar day pursuant to a motion under this clause that when the House adjourn it adjourn to a time certain later in the day, thereby meeting for two legislative days on the same calendar day (Nov. 17, 1981, p. 27771; Oct. 29, 1987, p. 29933; June 29, 1995, p. 17716). When the Speaker exercises discretion to entertain at any time a motion that when the House adjourn it stand adjourned to a day and time certain, the motion is of equal privilege with the simple motion to adjourn and takes precedence over a pending question on which the vote has been objected to for lack of a quorum (Nov. 17, 1981, p. 27770). The motion is not subject to the motion to lay on the table because it is not debatable and the precedence conferred on the motion to table only applies to a question that is ``under debate'' (Nov. 17, 1981, p. 27770).
[[Page 701]] to adjourn. The House (without the consent of the Senate) may authorize the Speaker to declare a recess for up to three days (Dec. 15, 1995, p. 37102). Under the express terms of clause 4, the motion to authorize the Speaker to declare a recess is nondebatable and has equal privilege with the motion
Sec. 914. Motion to lay on the table. The motion to lay on the table is used in the House for a final, adverse disposition of a matter without debate (V, 5389), and is in order before the Member entitled to prior recognition for debate has begun remarks (V, 5391- 5395; VIII, 2649, 2650). Under the explicit terms of this clause, the motion is not debatable (Oct. 17, 1991, p. 26749). The motion is applicable to a motion to reconsider (VIII, 2652, 2659), a motion to postpone to a day certain (VIII, 2654, 2657), a resolution presenting a question of privilege (VI, 560), a privileged resolution offered at the direction of a party caucus electing Members to committees (Feb. 5, 1997, p. 1541), an appeal from a decision of the Chair (VIII, 3453; June 22, 2006, p. 12299), a motion to discharge a committee from a resolution of inquiry (VI, 415), a proposal to investigate with a view to impeachment (VI, 541), a concurrent resolution to adjourn sine die (Mar. 27, 1936, p. 4512), and a resolution to expel a Member (Oct. 1, 1976, p. 35111). But a question of privilege (affecting the right of a Member to a seat) that has been laid on the table may be taken therefrom on motion made and agreed to by the House (V, 5438). The motion to lay on the table has the precedence given it by the rule, but may not be made after the previous question is ordered (V, 5415-5422; VIII, 2655), or even after the yeas and nays have been ordered on the demand for the previous question (V, 5408, 5409); but pending the demand for the previous question on a motion that is under debate, the motion to lay the primary motion on the table is preferential and is voted on first (Speaker Albert, Sept. 22, 1976, pp. 31876-82; Speaker O'Neill, July 10, 1985, pp. 18397-18400). The previous question having been ordered on a bill to final passage, the motion to lay the bill on the table may not then be offered pending a motion to reconsider the vote whereby the bill had been passed or rejected (Sept. 20, 1979, p. 25512).
[[Page 702]] is laid on the table (V, 5431-5433); and a bill does not accompany a motion to instruct conferees that is laid on the table (VIII, 2658). When a bill is laid on the table, pending motions connected therewith go to the table also (V, 5426, 5427); and when a proposed amendment is laid on the table the pending bill goes there also (V, 5423; VIII, 2656), and if a pending amendment to a special order reported from the Committee on Rules were tabled, it would carry the resolution with it and is thus considered dilatory under former clause 4(b) of rule XI (current clause 6(b) of rule XIII) (Sept. 25, 1990, p. 25575). This rule holds good as to a House bill with Senate amendments (V, 5424, 6201- 6203; Sept. 28, 1978, p. 32334), but laying on the table the motion to postpone consideration of Senate amendments was held not to carry to the table pending motions for their disposition (VIII, 2657). The Journal does not accompany a proposed amendment to the table (V, 5435, 5436); the original question does not accompany an appeal (V, 5434); a resolution does not accompany a preamble or another resolution with which it is connected (V, 5428, 5430); a petition does not accompany the motion to receive it when the latter A motion to lay on the table a motion to reconsider the vote by which an amendment to a resolution had been agreed to would not carry the resolution to the table (VIII, 2652). The motion is not in order in Committee of the Whole (IV, 4719, 4720; VIII, 2330, 2556a, 3455; Mar. 16, 1995, p. 8112; July 21, 1999, p. 17054) and does not apply to motions to resolve into the Committee of the Whole (VI, 726). It may not be amended (V, 5754), for example, to operate for a specified time (Oct. 17, 1991, p. 26749). The motion to lay on the table generally is not applicable to motions that are neither debatable nor amendable. As such, it is not applicable to the following motions: (1) to adjourn (Aug. 3, 1990, p. 22195); (2) that when the House adjourn it stand adjourned to a day and time certain (Nov. 17, 1981, p. 27770); (3) to dispense with further proceedings under a call of the House (Speaker McCormack, Aug. 27, 1962, pp. 17651- 54); (4) to order the previous question (V, 5410, 5411; Oct. 4, 1994, p. 27649). Furthermore, the motion may not be applied to: (1) a motion to suspend the rules (V, 5405); (2) a motion to commit after the previous question is ordered (V, 5412-5414; VIII, 2653, 2655); (3) any motion relating to the order of business (V, 5403, 5404). It may not be applied to a motion to discharge a committee under former clause 3 of rule XXVII (current clause 2 of rule XV) (June 11, 1945, p. 5892) but may be applied to the motion to discharge a committee from consideration of a resolution of inquiry (V, 5407). The motion to lay on the table is applicable to debatable secondary or privileged motions for disposal of another matter; thus a motion to refer (V, 5433; Aug. 13, 1982, pp. 20969, 20975-78) or a motion to recede and concur in a Senate amendment in disagreement may be laid on the table (Speaker O'Neill, Feb. 22, 1978, p. 4072) without carrying the pending matter to the table. The motion is not applicable to a conference report (V, 6540).
Sec. 914a. The motion for the previous question. The precedents relating to the motion for the previous question are annotated in Sec. Sec. 994-1000.
[[Page 703]] of business on the Speaker's table, unless displaced by more highly privileged business (VIII, 2614). If consideration of a measure postponed to a day certain resumes as unfinished business in the House, recognition for debate does not begin anew but recommences from the point where it was interrupted (June 10, 1980, p. 13801). It is not in order to move to postpone pending business to Calendar Wednesday (VIII, 2614), but if so postponed by consent, when consideration is concluded on that Wednesday, proceedings under the Calendar Wednesday rule are in order (VII, 970). The motion is not available in Committee of the Whole (July 14, 1998, p. 15305), but a motion that a bill be reported with the recommendation that it be postponed is in order in the Committee of the Whole proceeding under the general rules of the House (IV, 4765; VIII, 2372), is debatable (VIII, 2372), and is a preferential motion (VIII, 2372, 2615), but debate is confined to the advisability of postponement only (VIII, 2372). The House has postponed, along with the underlying matter, an appeal from a decision of the Chair thereon (VIII, 2613). A bill under consideration in the morning hour may not be made a special order by a motion to postpone to a day certain (IV, 3164).
Sec. 915. The motions to postpone. As indicated in the rule, the motions to postpone are two in number and distinct. The first one is to postpone to a day certain, and the second one is to postpone indefinitely. Each must apply to the whole and not a part of the pending proposition (V, 5306). Neither may be entertained after the previous question is ordered (V, 5319-5321; VIII, 2616, 2617), or be applied to a special order providing for the consideration of a class of bills (V, 4958); but when a bill comes before the House under the terms of a special order that assigns a day merely, a motion to postpone may be applied to the bill (IV, 3177-3182). Business postponed to a day certain is in order on that day immediately after the approval of the Journal and disposition
The motion to postpone to a day certain may not specify the hour (V, 5307). The motion may be amended (V, 5754; VIII, 2824). It is debatable only within narrow limits (V, 5309, 5310), the merits of the bill to which it is applied not being within those limits (V, 5311-5315; VIII, 2372, 2616, 2640). The motion to postpone indefinitely opens to debate all the merits of the proposition to which it is applied (V, 5316). It may not be applied to the motion to refer (V, 5317), the motion to suspend the rules (V, 5322), or the motion to resolve into the Committee of the Whole (VI, 726), and it is reasonable to infer that it is equally inapplicable to the other motions enumerated in the rule and to motions relating to the order of business. However, the motion to postpone indefinitely may be applied to the motion that the House resolve itself into the Committee of the Whole pursuant to the provisions of a statute, enacted under the rulemaking power of the House of Representatives, that specifically allows such a motion in the consideration of a resolution disapproving a certain executive action (Mar. 10, 1977, p. 7021; Aug. 3, 1977, p. 26528). [[Page 704]] ``commit,'' and ``recommit'' are sometimes used interchangeably (V, 5521; VIII, 2736), but when used in the precise manner and situation contemplated in each rule reflect certain differences based upon whether the question to which applied is ``under debate,'' whether the motion itself is debatable, whether a minority Member or a Member opposed to the question to which the motion is applied is entitled to a priority of recognition, and whether the prohibition against a special order reported from the Committee on Rules denying a motion to recommit a bill or joint resolution pending final passage is applicable. For a discussion of the motion to recommit, see the annotations under clause 2 of rule XIX. The motion may not be used in direct form in Committee of the Whole (IV, 4721; VIII, 2326); and if a bill is being considered under the provisions of a resolution stating that ``at the conclusion of the consideration of the bill for amendment under the five-minute rule the Committee shall rise and report the bill back to the House with such amendments as may have been adopted,'' a motion that the Committee rise and report to the House with the recommendation that the bill be recommitted to the legislative committee reporting it is not in order (Aug. 10, 1950, p. 12219). It may be made after the engrossment and third reading of a bill, even though the previous question may not have been ordered (V, 5562, 5563).
Sec. 916. The motions to refer. The parliamentary motion to refer is explicitly recognized and given status in four different situations under House rules: the ordinary motion provided for in this clause; the motion to recommit (or commit, as the case may be), with or without instructions, pending the motion for or after ordering of the previous question as provided in clause 2(a) of rule XIX (V, 5569); the motion to recommit (or commit, as the case may be), with or without instructions, after the previous question has been ordered on a bill or joint resolution to final passage, provided in clause 2(b) of rule XIX; and the motion to refer, with or without instructions, pending a vote in the House to strike the enacting clause as provided in clause 9 of rule XVIII. The terms ``refer,''
If the previous question is rejected on a preferential motion to dispose of Senate amendments in disagreement, the preferential motion remains ``under debate'' and the motion to refer may be offered under this clause (Speaker Albert, Sept. 16, 1976, p. 30887). Where a motion for the previous question on a resolution has preempted a pending motion to refer such resolution, the motion to refer remains pending and debatable under the hour rule upon rejection of the motion for the previous question (Apr. 22, 2010, p. _). A motion to refer takes precedence over a motion to amend when a question is under debate (such as where the previous question has been rejected), and the Chair recognizes the Member seeking to offer the preferential motion before the less preferential motion is read (Aug. 13, 1982, pp. 20969, 20975- 78). The simple motion to refer under the first sentence of this clause is debatable within narrow limits (V, 5054) and may be offered by any Member (who need not qualify as being in opposition to the pending question) when that question is ``under debate,'' i.e., when the previous question has not been moved or ordered, but the merits of the proposition sought to be referred may not be brought into the debate (V, 5564-5568; VI, 65, 549; VIII, 2740). The motion to refer with instructions is also debatable (V, 5561); but the previous question is preferential (Mar. 22, 1990, p. 4997). [[Page 705]] dowed with power to send for persons and papers (IV, 4402). Unless the previous question is ordered the motion may be amended (VIII, 2712, 2738) in part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by adding instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug. 13, 1982, pp. 20969, 20975-78).
Sec. 917. Instructions with the motion to refer. The motion to refer may specify that the reference shall be to a select as well as a standing committee (IV, 4401) without regard for rules of jurisdiction (IV, 4375; V, 5527) and may provide for reference to another committee than that reporting the bill (VIII, 2696, 2736), or to the Committee of the Whole (V, 5552, 5553), and even that the committee be en
Divisibility
Sec. 918. Repetition of motions. The rule specifies that the motions to postpone and refer shall not be repeated on the same day at the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). Under the practice, a motion to adjourn may be repeated only after intervening business (V, 5373; VIII, 2814), debate (V, 5374), the ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on a question of order (V, 5378), or reception of a message (V, 5375). The motion to lay on the table may also be repeated after intervening business (V, 5398- 5400); but the ordering of the previous question (V, 5709), a call of the House (V, 5401), or decision of a question of order have been held not to be such intervening business, it being essential that the pending matter be carried to a new stage in order to permit a repetition of the motion (V, 5709).
919. Division of the question. 5. (a) Except as provided in paragraph (b), a question shall be divided on the demand of a Member, Delegate, or Resident Commissioner before the question is put if it includes propositions so distinct in substance that, one being taken away, a substantive proposition remains.
(b)(1) A motion or resolution to elect members to a standing committee of the House, or to a joint standing committee, is not divisible. (2) A resolution or order reported by the Committee on Rules providing a special order of business is not divisible.
Sec. 920. Motion to strike and insert not divisible. (c) A motion to strike and insert is not divisible, but rejection of a motion to strike does not preclude another motion to amend.
[[Page 706]] former proviso) was adopted April 2, 1917 (VIII, 2175), and paragraph (b)(2) (last part of the former proviso) was adopted May 3, 1933 (VIII, 3164). Paragraph (c) (first part of former clause 7) was adopted in 1811, and amended in 1822 (V, 5767). When the House recodified its rules in the 106th Congress, former clause 5 of this rule (requiring time of adjournment to be entered on the Journal) was transferred to clause 2(c)(2) of rule II, paragraphs (a) and (b) were found in former clause 6, and paragraph (c) was found in the first part of former clause 7 (H. Res. 5, Jan. 6, 1999, p. 47). Paragraphs (a) and (b) (former clause 6) were first adopted in 1789, and were amended in 1837 (V, 6107). Paragraph (b)(1) (first part of the The House may by adoption of a resolution reported from the Committee on Rules suspend the rule providing for the division of a question (VII, 775).
Sec. 921. Principles governing the division of the question. The principle that there must be at least two substantive propositions in order to justify division is insisted on rigidly (V, 6108-6113), because failure to do so produces difficulties (III, 1725). The question may not be divided after it has been put (V, 6162), or after the yeas and nays have been ordered (V, 6160, 6161); but division of the question may be demanded after the previous question is ordered (V, 5468, 6149; VIII, 3173). In passing on a demand for division the Chair considers only substantive propositions and not the merits of the question presented (V, 6122). It seems to be most proper, also, that the division should depend on grammatical structure rather than on the legislative propositions involved (I, 394; V, 6119), but a question presenting two propositions grammatically is not divisible if either does not constitute a substantive proposition when considered alone (VII, 3165). Thus a resolution censuring a Member and adopting a report of a committee thereon, which recommends censure on the basis of the committee's findings, is not divisible because those questions are substantially equivalent (Speaker O'Neill, Oct. 13, 1978, p. 37016); and an adjournment resolution that also authorizes the receipt of veto messages from the President during the adjournment is not subject to a division of the question, because the receipt authority would be nonsensical standing alone (June 30, 1976, p. 21702). However, a concurrent resolution on the budget is subject to a demand for a division of the question if, for example, the resolution grammatically and substantively relates to different fiscal years (May 7, 1980, pp. 10185-87), or includes a separate, hortatory section having its own grammatical and substantive meaning (Speaker Foley, Mar. 5, 1992, p. 4657).
[[Page 707]] of two individuals is divisible (Feb. 27, 1986, p. 3040); as is a resolution with one resolving clause certifying contemptuous conduct of several individuals (Oct. 27, 2000, p. 25200; contrast, Deschler-Brown, ch. 30, Sec. 49.1). A measure containing a series of simple resolutions (V, 6149), and a resolution confirming several nominations (Speaker Albert, Mar. 19, 1975, p. 7344) may be divided. A resolution of impeachment presenting discrete articles may be divided (VI, 545; Dec. 18, 1998, p. 11064; June 19, 2009, pp. 15754, 15759-61; Mar. 11, 2010, p. _). Decisions have been made that a resolution affecting two individuals may be divided, although such division may involve a reconstruction of the text (I, 623; V, 6119-6121). The better practice seems to be, however, that this reconstruction of the text should be made by the adoption of a substitute amendment of two branches, rather than by interpretation of the Chair (II, 1621). But merely formal words, such as ``resolved,'' may be supplied by interpretation of the Chair (V, 6114- 6118). A resolution with two resolving clauses separately certifying the contemptuous conduct Except on resolutions to elect Members to committees or on resolutions reported from the Committee on Rules providing a special order of business, where division of the question is prohibited by this clause, a resolution reported from the Committee on Rules may be divided if otherwise appropriate. Thus a resolution reported from that committee establishing several select committees in grammatically divisible titles, not being a special order of business, is subject to a demand for a division of the question (Jan. 8, 1987, p. 1036). However, it is not in order to demand a division of a subject incorporated by reference in the pending text, as when a resolution to adopt a series of rules, not made a part of the resolution, was before the House, it was held not in order to demand a separate vote on each rule (V, 6159). The question on engrossment and third reading under former clause 1 of rule XXI (current clause 8(c) of rule XVI) is not divisible (Speaker Foley, Aug. 3, 1989, p. 18544); and in voting on the engrossment or passage of a bill or joint resolution, a separate vote may not be demanded on the various portions (V, 6144-6146; VIII, 3172), or on the preamble (V, 6147). Where an amendment is offered to an appropriation bill providing that no part of the appropriation may be paid to named individuals, the amendment may be divided for a separate vote on each name (Feb. 5, 1943, p. 645). An amendment (to a joint resolution making continuing appropriations) containing separate paragraphs appropriating funds for different programs may be substantively and grammatically divisible although preceded by the same prefatory language applicable to all the paragraphs, and the Clerk will read each paragraph as including the prefatory language before the Chair puts the question thereon (Nov. 8, 1983, p. 31495). A division may be demanded on an amendment to strike various unrelated phrases (VIII, 3166; Mar. 28, 1984, p. 6898). An amendment proposing to change a figure in one paragraph of an appropriation bill and also to insert a new (``fetch-back'') paragraph at another point in the bill is divisible (July 15, 1993, p. 15843). Absent a contrary order, the question may be divided on amendments en bloc comprising discrete instructions to amend, even though unanimous consent has just been granted for the en bloc consideration (July 25, 1990, p. 19174; July 18, 1991, p. 18851). [[Page 708]] structions to strike and insert may be divided (June 4, 1998, p. 5418) and a perfecting amendment to an amendment may be divided if not in the form of a motion to strike and insert (V, 6131). When it is proposed to strike and insert not one but several connected matters, it is not in order to demand a separate vote on each of those matters (V, 6124, 6125), as when an amendment in the nature of a substitute containing several resolutions is proposed; but after this amendment has been agreed to, it is in order to demand a division of the original resolution as amended (V, 6127, 6128). When, however, an amendment simply adding or inserting is proposed, it is in order to divide the amendment (V, 6129-6133). To a motion to strike certain words and insert others, a simple motion to strike the words may not be offered as a substitute, because it would have the effect of dividing the motion to strike and insert (June 29, 1939, pp. 8282, 8284; June 19, 1979, pp. 15566-68). A division of the question may not be demanded on a motion to strike and insert (V, 5767, 6123; VIII, 3169), including substitutes for pending amendments (V, 6127; VIII, 3168; Aug. 17, 1972, pp. 28887-90; July 2, 1980, pp. 18288-92), although an amendment comprising two discrete in A division may be demanded on the motion to recede from disagreement to a Senate amendment and concur therein (see Sec. 525, supra; V, 6209; VIII, 3197-3199, 3203), but may not be demanded on Senate amendments when sending to conference (V, 6151-6156; VIII, 3175). A division of the question may not be demanded, with respect to a motion to concur in a Senate amendment with an amendment, between concurring and amending (VIII, 3176), and may not be demanded on separate parts of the proposed amendment if it is not properly divisible under the same tests that apply to any other amendment (Aug. 3, 1973, pp. 28124-26; Oct. 11, 1984, p. 32188). Thus a proposed amendment to a Senate amendment is not divisible if in the form of a motion to strike and insert (Oct. 15, 1986, p. 32135). Each Senate amendment must be voted on as a whole (VIII, 3175) but the Committee of the Whole having reported a Senate amendment with the recommendation that it be agreed to with an amendment, a separate vote was had on the amendment to the Senate amendment (VIII, 2420). When Senate amendments to a House bill are considered in the House, a separate vote may be had on each amendment (VIII, 2383, 2400, 3191), and separate votes may be had on nongermane portions of Senate amendments as provided in clause 10 of rule XXII. It is not in order to divide a motion to lay several connected propositions on the table (V, 6138-6140). Similarly, it is not in order to divide a motion for the previous question on two related propositions, as on a special order reported from the Committee on Rules and a pending amendment thereto (Sept. 25, 1990, p. 25575). An appeal from a decision of the Speaker involving two distinct questions may be divided (V, 6157). [[Page 709]] A motion to recommit a bill to conference with various instructions may not be divided (Sept. 29, 1994, p. 27681). However, a motion to instruct conferees under clause 7(c) of rule XXII (when multiple motions are in order) may be divided (Speaker Byrns, May 26, 1936, p. 7951; Sept. 20, 2000, p. 18622), provided that separate substantive propositions are presented (Speaker Rayburn, May 9, 1946, p. 4750). A conference report is considered as a whole (Oct. 8, 2009, p. 24376). On a motion to commit with instructions it is not in order to demand a separate vote on the instructions or various branches thereof (V, 6134- 6137; VIII, 2737, 3170; Speaker Rayburn, Apr. 11, 1956, p. 6157; June 29, 1993, p. 14618). However, an amendment reported forthwith pursuant to instructions contained in a successful motion to recommit may be divided on the question of its adoption if composed of substantively and grammatically distinct propositions (June 29, 1993, p. 14618; May 28, 2010, p. _). A division of the question may not be demanded on bills or joint resolutions for reference (IV, 4376) or change of reference (VII, 2125), a motion to elect Members to committees of the House (VIII, 2175, 3164), a question against which a point of order is pending (VIII, 3432), or a proposition under a motion to suspend the rules (V, 6141-6143; VIII, 3171). A proposition reported from the Committee of the Whole as an entire and distinct amendment may not be divided (IV, 4883-4892). A separate vote may not be demanded in the House on an amendment adopted in the Committee of the Whole to an amendment (VIII, 2422, 2426, 2427). After the vote on the first portion of the question, the second is open to debate and amendment, unless the previous question is ordered (see Sec. 482, supra). If a motion to concur in a Senate amendment is divided pursuant to a special rule, the Chair puts the question first on the first portion of the Senate amendment, and then on the remaining portion (Mar. 4, 1993, p. 4163). If a division of the question is demanded on a portion of an amendment, the Chair puts the question first on the remaining portions of the amendment, and that portion on which the division is demanded remains open for further debate and amendment (Oct. 21, 1981, pp. 24785-89). However, if no further debate or amendment is in order on the divided portion, the Chair may put the question first on the divided portion(s) and then immediately on the remaining portion (Aug. 17, 1972, Deschler, ch. 27, Sec. 22.14; June 8, 1995, p. 15302). If a division of the question is demanded on more than one portion of an amendment, the Chair may put the question first on the remaining portions of the amendment (if any), then (after further debate) on the first part on which a division is demanded, and then (after further debate) on the last part on which a division is demanded (Oct. 21, 1981, pp. 24785-89). If the question on adopting an amendment is divided by special rule (rather than on demand from the floor), the Chair puts the question on each divided portion of the amendment in the order in which it appears (May 23, 1996, p. 12316). [[Page 710]] Amendments A demand for a division of the question on a separate portion of an amendment may be withdrawn before the question is put on the first portion thereof (July 15, 1993, p. 15843), but once the Chair has put the question on the first portion of the amendment, a demand for a division may be withdrawn only by unanimous consent (Sept. 9, 1976, pp. 29538-40).
922. Amendments to text and to title. 6. When an amendable proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it also shall be in order to offer a further amendment by way of substitute for the original motion to amend, to which one amendment may be offered but which may not be voted on until the original amendment is perfected. An amendment may be withdrawn in the House at any time before a decision or amendment thereon. An amendment to the title of a bill or resolution shall not be in order until after its passage or adoption and shall be decided without debate.
This provision (formerly rule XIX) was adopted in 1880, with an amendment adding the portion in relation to the title in 1893. The rule of 1880, however, merely stated in form of rule what had been the practice of the House for many years (V, 5753). Before the House recodified its rules in the 106th Congress, this provision was found in former rule XIX (H. Res. 5, Jan. 6, 1999, p. 47). For further discussion see Deschler, ch. 27, Sec. Sec. 15-19.
Sec. 923. Conditions of the motion to amend. It is not in order to offer more than one motion to amend of the same nature at a time (V, 5755; VIII, 2831), but the four motions specified by the rule may be pending at the same time (V, 5793; VIII, 2883, 2887). Where, pursuant to a special rule, a committee amendment in the nature of a substitute is being read as original text for purpose of amendment, there may be pending to that text the four stages of amendment permitted by this rule (Apr. 23, 1969, p. 10066). When a request for a recorded vote in the Committee of the Whole is postponed under authority of a special order of the House (such authority now found in clause 6(g) of rule XVIII), the amendment becomes unfinished business and is no longer pending, thereby permitting the offering of another amendment (May 10, 2000, p. 7513). An amendment in the third degree is not specified by the rule and is not permissible (V, 5754; VIII, 2580, 2888, 2891), even when the third degree is in the nature of a substitute for an amendment to a substitute (V, 5791; VIII, 2889).
[[Page 711]] change portions of a measure not yet read for amendment (Mar. 24, 1999, p. 5418). Under a ``modified-closed'' rule permitting only amendments printed in the report accompanying the rule, the Chair will permit an amendment to be offered in the form actually submitted for printing rather than requiring that it be offered in the erroneous form printed (Mar. 10, 1994, p. 4405). The Chair does not entertain a unanimous- consent request to designate a co-offeror of an amendment (May 20, 2004, p. 10631; Sept. 14, 2004, p. 18429). An amendment must contain instructions to the Clerk as to the portion of the bill it seeks to amend and is subject to a point of order if not in proper form (Oct. 3, 1985, p. 25970). An amendment may not propose to A Member may not amend or modify his or her own amendment except by unanimous consent (Oct. 1, 1985, p. 25453); and if the Chair recognizes the proponent of an amendment to propound such a unanimous-consent request before commencing debate, the Chair does not charge time consumed under a reservation of objection against the proponent's time for debate on the amendment (Feb. 3, 1993, p. 1978; May 27, 1993, p. 11849). Under the five-minute rule, the proponent of an amendment may not yield to another to offer an amendment to the amendment; rather an amendment to the amendment may be offered after the proponent of the pending amendment has explained it (Sept. 7, 1995, p. 24071). Two independent amendments may be voted on at once only by unanimous consent of the House (V, 5979). Amendments en bloc, once pending, are open to perfecting amendment at any point (June 12, 1991, p. 14337). If a point of order is sustained against a discrete portion of an en bloc amendment, the entire en bloc amendment may not be considered; however, each constituent amendment may be offered separately if otherwise in order (Sept. 16, 1981, pp. 20735-38). An amendment considered with others en bloc and rejected may be offered separately at a subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932). [[Page 712]] is disposed of, the original amendment, as amended or not, remains open to further perfecting amendment (June 20, 1991, p. 15610); and all such amendments are disposed of before voting on substitutes for the original amendment and amendments thereto (July 26, 1984, p. 21253). The substitute provided for in this rule has been construed as a substitute for the amendment and not as a substitute for the original text (VIII, 2883). A substitute amendment may be amended by striking all after its first word and inserting a new text (V, 5793, 5794). Although this is in effect a substitute, it is not technically so. 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 (VIII, 2879, 2880; 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). To an amendment adding a new section, an amendment making perfecting changes in the bill rather than in the amendment is not a proper perfecting amendment, but may, if germane, be offered as a substitute for the amendment (Deschler, ch. 27, Sec. 18.7). The Chair will not look behind the form of the amendment in determining whether it is perfecting or a substitute (June 13, 1994, p. 12731). Once a perfecting amendment to an amendment An amendment offered as a substitute and rejected may again be offered as an original amendment without presenting an equivalent question. In the first case the question is the relationship between the substitute and the amendment to which offered, and in the second case the question is the relationship between the original amendment and the text of the bill (V, 5797; VIII, 2843). An amendment that is adopted as amended by a substitute may not be reoffered in its original form if it would directly change the amended portion of the bill. However, it may be reoffered if the original amendment amends a different part of the bill (as in the case in which the amendatory instructions of the substitute displace the language of the original amendment). In such a case the vote on the amendment as amended by the substitute is not equivalent to a direct vote on the original amendment (June 25, 1987, p. 17416). An amendment considered with others en bloc and rejected may be offered separately at a subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932). [[Page 713]] An amendment in the nature of a substitute always proposes to strike all after the enacting or resolving words in order to insert a new text (V, 5785, footnote). An amendment in the nature of a substitute may be proposed before amendments to the pending portion of original text have been acted on, but may not be voted on until such amendments have been disposed of (V, 5787). When a bill is considered by sections or paragraphs an amendment in the nature of a substitute is properly offered after the reading for amendment is concluded (V, 5788). However, when it is proposed to offer a single substitute for several paragraphs of a bill that is being considered by paragraph, the substitute may be moved to the first paragraph, with notice that, if agreed to, motions will be made to strike the remaining paragraphs (V, 5795; VIII, 2898, 2900-2903; July 29, 1969, p. 21218). An amendment in the nature of a substitute, as well as the original proposition, may be perfected by amendments before the vote on it is taken (V, 5786). If there is pending an amendment in the nature of a substitute, it is in order to offer a perfecting amendment to the pending portion of original text (VIII, 2861; Apr. 27, 1976, p. 11411; see also Deschler, ch. 27, Sec. 5.34). An amendment in the nature of a substitute having been agreed to, the vote is then taken on the original proposition as amended (II, 983; V, 5799, 5800), and no further amendment is in order (Speaker O'Neill, Mar. 26, 1985, p. 6274). If a perfecting amendment to an amendment in the nature of a substitute, striking all after the short title and inserting a new text, is agreed to, further amendments to the text so perfected are not in order, but amendments are in order to add new language at the end of the amendment in the nature of a substitute as amended (May 16, 1979, p. 11420).
Sec. 924. Relation of point of order to motion to amend. Except as provided in clauses 4 and 5(a) of rule XXI, a point of order against an amendment is timely if made or reserved before formal recognition of the proponent to commence debate thereon (July 16, 1991, p. 18391; July 15, 1997, pp. 14492, 14493), but thereafter comes too late (V, 6894, 6898-6899) unless the Member was on his or her feet seeking recognition for that purpose at the time the amendment was offered (July 28, 1995, p. 20897; May 25, 2006, p. 9823). To preclude a point of order, debate should be on the merits of the proposition (V, 6901). The mere making of a unanimous-consent request to dispense with the reading of an amendment and to revise and extend remarks thereon is not such intervening business as would render a point of order untimely under this clause, if the Member making the point of order is on his or her feet seeking recognition (July 16, 1991, p. 18391; see Deschler- Brown, ch. 31, Sec. Sec. 6.39, 6.41). When enough of an amendment has been read to show that it is out of order, a point of order may be raised without waiting for the reading to be completed (V, 6886-6887; VIII, 2912, 3437; July 9, 2009, p. 17310), though the Chair may decline to rule until the entire proposition has been read (Dec. 14, 1973, pp. 41716-18). A timely reservation of a point of order by one Member inures to the benefit of any other Member who desires to raise a point of order (V, 6906; July 18, 1990, p. 17930).
Sec. 925. Withdrawal of the motion to amend. Although the rule provides that either an ordinary or substitute amendment may be withdrawn in the House (V, 5753) or ``in the House as in Committee of the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn or modified in Committee of the Whole except by unanimous consent (clause 5 of rule XVIII; V, 5221; VIII, 2564, 2859).
[[Page 714]]
Sec. 926. Precedence of the motion to amend. Pursuant to clause 4 of rule XVI, the motion for the previous question takes precedence over a motion to amend (Nov. 8, 1971, p. 39944); and if the previous question is not ordered, the motion to refer also has precedence over the motion to amend (V, 5555; VI, 373). Amendments reported by a committee are acted on before those offered from the floor (V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a pending section is considered before a committee amendment adding a new section at the end of the pending section (Oct. 4, 1972, pp. 33779-82), and there is a question as to the extent to which the chair of the committee reporting a bill should be recognized preferentially to offer amendments to perfect it over other Members (II, 1450). Amendments may not be offered by proxy (VIII, 2830). The motion to strike the enacting clause has precedence over the motion to amend, and may be offered while an amendment is pending (V, 5328-5331; VIII, 2622-2624); but the motion to amend takes precedence over a motion that the Committee of the Whole rise and report the bill with the recommendation that it pass (July 27, 1937, p. 7699).
Sec. 927. Relation of the motion to amend to other motions. With some exceptions an amendment may attach itself to secondary or privileged motions (V, 5754). Thus, the motions to postpone, refer, amend, for a recess, and to fix the day to which the House shall adjourn may be amended (V, 5754; VIII, 2824). But the motions for the previous question, to lay on the table, to adjourn (V, 5754) and to go into Committee of the Whole to consider a privileged bill may not be amended (IV, 3078, 3079; VI, 723-725).
Germaneness An amendment to the title of a bill is not in order in Committee of the Whole (Jan. 29, 1986, p. 682).
928. Germane amendments. 7. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.
This clause was adopted in 1789, and amended in 1822 (V, 5767, 5825). Before the House recodified its rules in the 106th Congress, this clause and clause 5(c) occupied a single former clause 7 (H. Res. 5, Jan. 6, 1999, p. 47). [[Page 715]] House during consideration of the special order (Feb. 24, 1993, p. 3542; July 27, 1993, p. 17117). A resolution reported from the Committee on Rules providing for the consideration of a bill relating to a certain subject may be amended neither by an amendment that would substitute the consideration of a different proposition (V, 5834-5836; VIII, 2956; Sept. 14, 1950, p. 14844) nor by an amendment that would permit the additional consideration of a nongermane amendment to the bill (May 29, 1980, pp. 12667-73; Aug. 13, 1982, p. 20972). The Chair will not interpret as a point of order under a specific rule of the House an objection to a substitute as narrowing the scope of a pending amendment, absent some stated or necessarily implied reference to germaneness or other rule (June 25, 1987, p. 17415). The burden of proof is on the proponent of an amendment to establish its germaneness (VIII, 2995; July 10, 2000, p. 13605), and if an amendment is equally susceptible to more than one interpretation, one of which will render it not germane, the Chair will rule it out of order (June 20, 1975, p. 19967). The Chair will not render an advisory opinion on whether a pending amendment is germane, there being no occasion for a ruling (Apr. 6, 2011, p. _). It introduced a principle not then known to the general parliamentary law (V, 5825), but of high value in the procedure of the House (V, 5866). Before the adoption of rules, when the House is operating under general parliamentary law, as modified by the usage and practice of the House, an amendment may be subject to the point of order that it is not germane to the proposition to which offered (Jan. 3, 1969, p. 23). The principle of the rule applies to a proposition by which it is proposed to modify the pending bill, and not to a portion of the bill itself (V, 6929); thus a point of order will not lie that an appropriation in a general appropriation bill is not germane to the rest of the bill (Dec. 16, 1963, p. 24753). In general, an amendment simply striking words already in a bill may not be ruled out as not germane (V, 5805; VIII, 2918) unless such action would expand the scope and meaning of the text (VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment ``to strike the last word'' has been considered germane (July 28, 1965, p. 18639). Although a committee may report a bill or resolution embracing different subjects, it is not in order during consideration in the House to introduce a new subject by way of amendment (V, 5825). The rule that amendments should be germane applies to amendments reported by committees (V, 5806), but a resolution providing for consideration of the bill with committee amendments may waive points of order (Oct. 10, 1967, p. 28406), and the point of order under this rule does not apply to a special order reported from the Committee on Rules ``self- executing'' the adoption in the House of a nongermane amendment to a bill, because the amendment is not separately before the
Sec. 929. Proposition to which amendment must be germane. Under the later practice an amendment should be germane to the particular paragraph or section to which it is offered (V, 5811-5820; VIII, 2922, 2936; Oct. 14, 1971, pp. 36194, 36211; Sept. 19, 1986, p. 24729), without reference to subject matter of other titles not yet read (July 31, 1990, p. 20816), and an amendment inserting an additional section should be germane to the portion of the bill to which it is offered (V, 5822; VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though it may be germane to more than one portion of a bill (Mar. 27, 1974, p. 8508), and when offered as a separate paragraph is not required to be germane to the paragraph immediately preceding or following it (VII, 1162; VIII, 2932-2935).
The test of germaneness in the case of a motion to recommit with instructions is the relationship of the instructions to the bill taken as a whole (and not merely to the separate portion of the bill specifically proposed to be amended in the instructions) (Mar. 28, 1996, p. 6932). A special order of business directing that certain matter be added to the engrossment of a bill does not operate until passage of that bill (Mar. 5, 2008, p. 3296). [[Page 716]] 1985, p. 19436). Similarly, an amendment to a general appropriation bill in the form of a limitation on funds therein but extending to activities prescribed by laws unrelated to the functions of departments and agencies addressed by the bill is not germane (July 10, 2000, p. 13605). Subject to clause 2(c) of rule XXI (requiring that limitation amendments to general appropriation bills be offered at the end of the reading of the bill for amendment), an amendment limiting the use of funds by a particular agency funded in a general appropriation bill may be germane to the paragraph carrying the funds, or to any general provisions portion of the bill affecting that agency or all agencies funded by the bill (July 16, 1979, p. 18807). However, to a paragraph containing funds for an agency but not transferring funds to that account from other paragraphs in the bill, an amendment increasing that amount by transfer from an account in another paragraph is not germane, because affecting budget authority for a different agency not the subject of the pending paragraph (July 17, In passing on the germaneness of an amendment, the Chair considers the relationship between the amendment and the bill as modified by the Committee of the Whole (Apr. 23, 1975, p. 11545; July 8, 1987, p. 19013). An amendment adding a new section to a bill being read by titles must be germane to the pending title (Sept. 17, 1975, p. 28925), but if a bill is considered as read and open to amendment at any point, an amendment must be germane to the bill as a whole and not to a particular section (Sept. 29, 1975, p. 30761; Jan. 30, 1986, p. 1052). If a title of a bill is open to amendment at any point, the germaneness of an amendment perfecting one section therein depends on its relationship to the title as a whole and not merely on its relationship to the one section (June 25, 1991, p. 16152). An amendment in the form of a new title, when offered at the end of a bill containing several diverse titles on a general subject, need not be germane to the portion of the bill to which offered, it being sufficient that the amendment be germane to the bill as a whole in its modified form (Nov. 4, 1971, p. 39267; July 2, 1974, p. 22029; Sept. 18, 1975, p. 29322; July 11, 1985, p. 18601; Oct. 8, 1985, pp. 26548-51). Although the heading of the final title of a bill as ``miscellaneous'' does not thereby permit amendments to that title that are not germane thereto, the inclusion of sufficiently diverse provisions in such title affecting various provisions in the bill may permit further amendments that need only be germane to the bill as a whole (Apr. 10, 1979, pp. 8034-37). Under clause 10 of rule XXII, a portion of a conference report incorporating part of a Senate amendment in the nature of a substitute to a House bill, or incorporating part of a Senate bill that the House has amended, must be germane to the bill in the form passed by the House; thus where a House-passed bill contained several sections and titles amending diverse portions of the Internal Revenue Code relating to tax credits, a modified Senate provision adding a new section dealing with another tax credit was held germane to the House-passed measure as a whole (Speaker Albert, Mar. 26, 1975, p. 8900); but a Senate provision in a conference report on a Senate bill with a House amendment in the nature of a substitute which authorized appointment of a special prosecutor for any criminal offenses committed by certain Federal officials was held not germane to the House-passed bill, which related to offenses directly related to official duties and responsibilities of Federal officials (Oct. 12, 1978, pp. 36459-61). [[Page 717]] and an amendment to a substitute is not required to affect the same page and line numbers as the substitute in order to be germane, it being sufficient that the amendment is germane to the subject matter of the substitute (Aug. 1, 1979, pp. 21944-47). When an amendment in the nature of a substitute is offered at the end of the first section of a bill, the test of germaneness is the relationship between the amendment and the entire bill, and the germaneness of an amendment in the nature of a substitute for a bill is not necessarily determined by an incidental portion of the amendment that, if offered separately, might not be germane to the portion of the bill to which offered (July 8, 1975, p. 21633). The test of germaneness of an amendment to or a substitute for an amendment in the nature of a substitute is its relationship to the substitute and not its relationship to the bill to which the amendment in the nature of a substitute has been offered (July 19, 1973, p. 24958; July 22, 1975, p. 23990; June 1, 1976, pp. 16051-56; July 28, 1982, pp. 18355-58, 18361), The test of germaneness of an amendment offered as a substitute for a pending amendment is its relationship to the pending amendment and not its relationship to the underlying bill (Feb. 14, 1995, p. 4714). An amendment germane to the bill as a whole, but hardly germane to any one section, may be offered at an appropriate place with notice of motions to strike the following sections that it would supersede (V, 5823; July 29, 1969, p. 21221). If a perfecting amendment to the text is offered pending a vote on a motion to strike the same text, the perfecting amendment must be germane to the text to which offered, not to the motion to strike (Oct. 3, 1969, p. 28454).
Sec. 930. Instructions to committees and amendments thereto. The rule that amendments must be germane applies to amendments to the instructions in a motion to instruct conferees (VIII, 3230, 3235), and the test of germaneness of an amendment to a motion to instruct conferees, in addition to the measurement of scope of conference, is the relationship of the amendment to the subject matter of the House or Senate version of the bill (Deschler-Brown, ch. 28, Sec. 28.2). The rule of germaneness similarly applies to the instructions in a motion to recommit a bill to a committee of the House, because it is not in order to propose as part of a motion to recommit any proposition that would not have been germane if proposed as an amendment to the bill in the House (V, 5529-5541; VIII, 2708-2712; Mar. 2, 1967, p. 5155), and the instructions must be germane to the bill as perfected in the House (Nov. 19, 1993, p. 30513), even if the instructions do not propose a direct amendment to the bill but merely direct the committee to pursue an unrelated approach (Speaker O'Neill, Mar. 2, 1978, p. 5272; July 16, 1991, p. 18397) or direct the committee not to report the bill back to the House until an unrelated contingency occurs (VIII, 2704). Under the same rationale as amendments to a motion to instruct conferees, amendments to a motion to recommit to a standing committee with instructions must be germane to the subject matter of the bill (see V, 6888; VIII, 2711).
[[Page 718]] The fact that an amendment is offered in conjunction with a motion to recommit a bill with instructions to a standing committee does not affect the requirement that the subject matter of the amendment be germane and within the jurisdiction of the committee reporting the bill (Mar. 2, 1967, p. 5155; July 16, 1991, p. 18397). [[Page 719]]
Sec. 931. Senate amendments and matter contained in conference reports. In the consideration of Senate amendments to a House bill an amendment must be germane to the particular Senate amendment to which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506; Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to a Senate amendment is germane to the original House bill if it is not germane to the subject matter of a Senate amendment that merely inserts new matter and does not strike House provisions (V, 6188; VIII, 2936). But if a Senate amendment proposes to strike language in a House bill, the test of the germaneness of a motion to recede and concur with an amendment is the relationship between the language in the motion and the provisions in the House bill proposed to be stricken, as well as those to be inserted, by the Senate amendment (June 8, 1943, p. 5511; June 15, 1943, p. 5899; Dec. 12, 1974, p. 39272). The test of the germaneness of an amendment to a motion to concur in a Senate amendment with an amendment is the relationship between the amendment and the motion, and not between the amendment and the Senate amendment to which the motion has been offered (Aug. 3, 1973, Deschler-Brown, ch. 28, Sec. 27.6). Formerly, a Senate amendment was not subject to the point of order that it was not germane to the House bill (VIII, 3425), but under changes in the rules points of order may be made and separate votes demanded on portions of Senate amendments and conference reports containing language that would not have been germane if offered in the House. Clause 10 of rule XXII permits points of order against language in a conference report that was originally in the Senate bill or amendment and that would not have been germane if offered to the House-passed version, and permits a separate motion to reject such portion of the conference report if found nongermane (Oct. 15, 1986, p. 31498). For purposes of that rule, the House-passed version, against which Senate provisions are compared, is that finally committed to conference, taking into consideration all amendments adopted by the House, including House amendments to Senate amendments (July 28, 1983, p. 21401). Clause 10 of rule XXII permits points of order against motions to concur or concur with amendment in nongermane Senate amendments, the stage of disagreement having been reached, and, if such points of order are sustained, permits separate motions to reject such nongermane matter. Clause 10 of rule XXII is not applicable to a provision contained in a motion to recede and concur with an amendment (the stage of disagreement having been reached) that is not contained in any form in the Senate version, the only requirement in such circumstances being that the motion as a whole be germane to the Senate amendment as a whole under clause 7 of rule XVI (Oct. 4, 1978, pp. 33502-06; June 30, 1987, p. 18294).
[[Page 720]] and the United States (Nov. 6, 1997, p. 24824); to a resolution authorizing the deployment of troops to implement a peace agreement, an amendment expressing support for the armed forces in carrying out such mission (Mar. 11, 1999, p. 4301); to a bill addressing enforcement of State liquor laws, an amendment addressing enforcement of State firearm laws (Aug. 3, 1999, p. 19213); to a bill addressing taxation under the Internal Revenue Code, a motion to recommit with instructions extending unemployment insurance benefits (May 9, 2003, p. 11110 (sustained by tabling of appeal)); to a bill reauthorizing the National Transportation Safety Board, an amendment extending unemployment insurance benefits (May 15, 2003, p. 11955 (sustained on appeal)); to an immigration bill addressing (1) issues of admissibility, detention, removal, and deportation of various classes of aliens (Sept. 21, 2006, pp. 18860-62 (sustained by tabling of appeal)) or (2) improvements in enforcement and judicial proceedings (Sept. 21, 2006, p. 18876-78), a motion to recommit with instructions proposing an increase in the number of U.S. Marshals; to a bill confined to housing-related matters, an amendment providing funding for various infrastructure projects (May 17, 2007, pp. 13224, 13225); to a bill settling land claims of two tribal communities in a state, a motion to recommit with instructions broaching fuel procurement by federal agencies (June 25, 2008, pp. 13754, 13755 (sustained by tabling of appeal)); to a bill addressing economic stabilization and assistance funds and housing matters, a motion to recommit with instructions addressing the solvency of various Social Security trust funds (Jan. 21, 2009, pp. 1212, 1213 (sustained by tabling of appeal)); to a bill addressing small business investment programs, a motion to recommit with instructions expressing the sense of the House on the consideration of appropriation bills (July 8, 2009, p. 17083 (sustained by tabling of appeal)); to a bill addressing water recycling projects in one geographic area, a motion to recommit with instructions addressing water availability under a project in a different geographic area (Oct. 15, 2009, pp. 25006, 25007 (sustained by tabling of appeal)); to a bill confined to one mortgage refinancing program, an amendment (1) adding findings regarding mortgages more broadly (Mar. 10, 2011, p. _), (2) establishing a new mortgage refinancing program (Mar. 10, 2011, p. _), (3) requiring a study of mortgages more broadly (Mar. 10, 2011, p. _), (4) addressing foreclosure generally (Mar. 10, 2011, p. _), and (5) addressing compensation within the financial services industry (Mar. 10, 2011, p. _); to a joint resolution disapproving a Federal Communications Commission regulation, a motion to recommit with instructions further continuing appropriations for the current fiscal year (Apr. 8, 2011, p. _ (sustained by tabling of appeal)).
Sec. 932. Subject matter as test of germaneness. An amendment must relate to the subject matter under consideration. Thus, the following are not germane: to a bill seeking to eliminate wage discrimination based on the sex of the employee, an amendment to make the provisions of the bill applicable to discrimination based on race (July 25, 1962, p. 14778); to a bill establishing an office in the Department of the Interior to manage biological information, an amendment addressing socioeconomic matters (Oct. 26, 1993, p. 26082); to a bill authorizing military assistance to Israel and funds for the United Nations emergency force in the Middle East, an amendment expressing the sense of Congress that the President conduct negotiations to obtain a peace treaty in the Middle East and the resumption of diplomatic and trade relations between Arab nations and the United States and Israel (Dec. 11, 1973, p. 40842); to a concurrent resolution expressing congressional concern over certain domestic policies of a foreign government and urging that government to improve those internal problems in order to enhance better relations with the United States, amendments expressing the necessity for United States diplomatic initiatives as a consequence of that foreign government's policies (July 12, 1978, pp. 20500-05); to a resolution amending several clauses of a rule of the House but confined in its scope to the issue of access to committee hearings and meetings, an amendment to another clause of that rule relating to committee staffing (Mar. 7, 1973, p. 6714); to a title of a bill that only addresses the administrative structure of a new department and not its authority to carry out transferred programs, an amendment prohibiting the department from withholding funds to carry out certain objectives (June 12, 1979, p. 14485); to an amendment authorizing the use of funds for a specific study, an amendment naming any program established in the bill for an unrelated purpose for a specified Senator (Aug. 15, 1986, p. 22075); to one of two reconciliation bills reported by the Budget Committee, an amendment making a prospective indirect change to the other reconciliation bill not then pending before the House (June 25, 1997, p. 12488); to a joint resolution continuing appropriations for the current fiscal year, a motion to recommit with instructions to revise the reconciliation instructions in the concurrent resolution on the budget (Sept. 29, 2005, p. 21795); to a general appropriation bill, an amendment in the form of a limitation on funds therein for activities unrelated to the functions of departments and agencies addressed by the bill (July 10, 2000, p. 13605); to a bill reauthorizing the National Sea Grant College Program, a proposal to amend existing law to provide for automatic continuation of appropriations in the absence of timely enactment of a regular appropriation bill (June 18, 1997, p. 11333); to a bill regulating immigration, an amendment reaffirming an agreement with Japan (VIII, 3050); to a bill opposing concessional loans to a country and outlining principles governing the conduct of industrial cooperation projects of U.S. nationals in that country, an amendment waiving provisions of other law by requiring changes in tariff schedules to achieve overall trade reciprocity between that country
[[Page 721]] a board of inquiry, an amendment specifying when it shall report (V, 5915); to a bill relating to ``oleomargarine and other imitation dairy products,'' an amendment on the subject of ``renovated butter'' (V, 5919); to a resolution rescinding an order for final adjournment, an amendment fixing a new date therefor (V, 5920); to a proposition directing a feasibility investigation, an amendment requiring the submission of legislation to implement that investigation (Dec. 14, 1973, p. 41747); and to a section of a bill prescribing the functions of a new Federal Energy Administration by conferring wide discretionary powers upon the Administrator, an amendment directing the Administrator to issue preliminary summer guidelines for citizen fuel use (as a further delineation of those functions) (Mar. 6, 1974, p. 5436). An amendment that is germane, not being ``on a subject different from that under consideration,'' belongs to a class illustrated by the following: to a bill providing for an interoceanic canal by one route, an amendment providing for a different route (V, 5909); to a bill providing for the reorganization of the Army, an amendment providing for the encouragement of marksmanship by enlisted personnel (V, 5910); to a proposition to create A bill comprehensively addressing a subject requires careful analysis to determine whether an amendment addresses a different subject. For example, to an amendment in the nature of a substitute comprehensively amending several sections of the Clean Air Act with respect to the impact of shortages of energy resources on standards imposed under that Act, an amendment to another section of the Act suspending temporarily the authority of the Administrator of the EPA to control automobile emissions was held germane (Dec. 14, 1973, p. 41688). On the other hand, to a bill comprehensively restructuring the production and distribution of food, an amendment proposed in a motion to recommit to provide nutrition assistance, including food stamps and soup kitchen programs, was held not germane (Feb. 29, 1996, p. 3257). [[Page 722]] against a person who has violated a State law regulating intoxicating liquor, an amendment singling out certain violations of liquor laws on the basis of their regard for any and all firearms issues is not germane (Aug. 3, 1999, p. 19213). Similarly, to a bill appropriating for only one fiscal year (and containing no provisions extending beyond that fiscal year), an amendment to extend an appropriation to another fiscal year is not germane (June 20, 2001, pp. 11233, 11234).
Sec. 933. Fundamental purpose as test of germaneness. The fundamental purpose of an amendment must be germane to the fundamental purpose of the bill (VIII, 2911). The Chair discerns the fundamental purpose of a bill by examining the text of the bill and its report language (Deschler-Brown, ch. 28, Sec. 5.6; Aug. 3, 1999, p. 19213), rather than the motives that circumstances may suggest (V, 5783, 5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974, p. 28438). To a bill that comprehensively addresses a subject, an amendment that relates to that subject matter may not be ruled out as nongermane merely because the amendment may be characterized as private legislation benefitting certain individuals offered to a public bill (May 30, 1984, p. 14495). Similarly, to a bill proposing to accomplish a result by methods comprehensive in scope, an amendment in the nature of a substitute seeking to achieve the same result was held germane where it was shown that additional provisions not contained in the original bill were merely incidental conditions or exceptions that were related to the fundamental purpose of the bill (Aug. 2, 1973, pp. 27673-75; July 8, 1975, p. 21633; Sept. 29, 1980, pp. 27832-52). On the other hand, an amendment may relate to the same subject matter yet still stray from adherence to a common fundamental purpose. For example, an amendment singling out one constituent element of a larger subject for specific and unrelated scrutiny is not germane. Thus, to a bill authorizing a State attorney general to bring a civil action in Federal court
[[Page 723]] with instructions allowing the preemptive purchase of food related to activities in the bill (July 30, 2009, pp. 20201, 20202). In order to be germane, an amendment must not only have the same end as the matter sought to be amended, but must contemplate a method of achieving that end that is closely allied to the method encompassed in the bill or other matter sought to be amended (Aug. 11, 1970, p. 28165). Thus the following are germane: to a bill raising revenue by several methods of taxation, an amendment proposing a tax on undistributed profits (the Committee of the Whole overruling the Chair) (VII, 3042); to a proposition to accomplish a result through regulation by a governmental agency, an amendment to accomplish the same fundamental purpose through regulation by another governmental agency (Dec. 15, 1937, pp. 1572-89; June 9, 1941, p. 4905; Dec. 19, 1973, p. 42618); to a bill to achieve a certain purpose by conferring discretionary authority to set fair labor standards upon an independent agency, an amendment in the nature of a substitute to attain that purpose by a more inflexible method (prescribing fair labor standards) (Dec. 15, 1937, pp. 1590-94; Oct. 14, 1987, p. 27885); to a proposition to accomplish the broad purpose of settling land claims of Alaska natives by a method general in scope, an amendment accomplishing the same purpose by a method more detailed in its provisions (Oct. 20, 1971, p. 37079); to an amendment comprehensively amending the Natural Gas Act to deregulate interstate sales of new natural gas and regulate aspects of intrastate gas use, a substitute providing regulatory authority for interstate and intrastate gas sales of large producers (Feb. 4, 1976, p. 2387); to a bill providing a temporary extension of existing authority, an amendment achieving the same purpose by providing a nominally permanent authority was held germane where both the bill and the amendment were based on reported economic projections under which either would achieve the same, necessarily temporary result by method of direct or indirect amendment to the same existing law (May 13, 1987, p. 12344); to a bill subjecting employers who fail to apprise their workers of health risks to penalties under other laws and regulations, a substitute subjecting such employers to penalties prescribed in the substitute itself (Oct. 14, 1987, p. 27885); to an amendment freezing the obligation of funds for fiscal year 1996 for missile defense until the Secretary of Defense rendered a specified readiness certification, an amendment permitting an increase in the obligation of such funds on the basis of legislative findings concerning readiness, because each proposition addressed the relationship between 1996 funding levels for missile defense and readiness (Feb. 15, 1995, p. 5026); to a bill improving food safety through a myriad of methods including the tracing of food origins, recalls of food, and quarantine of food, a motion to recommit [[Page 724]] uals for employment opportunities, an amendment providing instead for tax incentives to stimulate employment (also within the jurisdiction of a different committee) (Sept. 21, 1983, p. 25145); to a bill relating to one government agency, an amendment having as its fundamental purpose a change in the law relating to another agency, even though it contemplated a consultative role for the agency covered by the bill (July 8, 1987, p. 19014); to a proposition changing congressional budget procedures to require consideration of balanced budgets, an amendment changing concurrent resolutions on the budget to joint resolutions, thereby bringing executive enforcement mechanisms into play (July 18, 1990, p. 17920); to a bill to promote technological advancement by fostering Federal research and development, and amendment exhorting to do so by changes in tax and antitrust laws (July 16, 1991, p. 18397); to a bill extending unemployment compensation benefits during a period of economic recession, an amendment to stimulate economic growth by tax incentives and regulatory reform (Sept. 17, 1991, p. 23156); to a bill providing new budget authority, a motion to recommit with instructions to change a direct appropriation of new budget authority from the general fund into a reappropriation (in effect a rescission) of funds previously appropriated for an entirely different purpose in a special reserve account (Feb. 28, 1985, p. 4146); to a bill addressing substance abuse through prevention and treatment, an amendment imposing civil penalties on drug dealers (Sept. 16, 1998, p. 20587); to a resolution impeaching the President, an amendment censuring the President (Dec. 19, 1998, p. 28107); to a bill authorizing a State attorney general to bring a civil action in Federal court against a person who has violated a State law regulating intoxicating liquor, an amendment creating new Federal laws to regulate intoxicating liquor (Aug. 3, 1999, p. 19216); to a bill addressing persons convicted of sex offenses against children with criminal punishment, an amendment addressing such perpetrators by treatment and rehabilitation (Mar. 14, 2002, p. 3203). However, an amendment to accomplish a similar purpose by an unrelated method not contemplated by the bill is not germane. Thus, the following are not germane: to a bill providing relief to foreign countries through government agencies, an amendment providing for relief to be made through the International Red Cross (Dec. 10, 1947, pp. 11242-44); to a bill to aid in the control of crime through research and training, an amendment to accomplish that result through regulation of the sale of firearms (Aug. 8, 1967, pp. 21846-50); to a bill providing assistance to Vietnam war victims, amendments containing foreign policy declarations as to culpability in the war (Apr. 23, 1975, p. 11510); to a bill conserving energy by civil penalties on manufacturers of autos with low gas mileage, an amendment conserving energy by tax rebates to purchasers of high-mileage autos (June 12, 1975, p. 18695); to a proposition whose fundamental purpose was registration and public disclosure by, but not regulation of the activities of, lobbyists, amendments prohibiting lobbying in certain places, restricting monetary contributions by lobbyists, and providing civil penalties for violating Rules of the House in relation to floor privileges (Sept. 28, 1976, p. 33070) (but to a similar bill, an amendment requiring disclosure of any lobbying communication made on the floor of the House or Senate or in adjoining rooms, but not regulating such conduct, was held germane (Apr. 26, 1978, p. 11641)); to a bill seeking to accomplish a purpose by one method (creation of an executive branch agency), an amendment accomplishing that result by a method not contemplated in the bill (creation of office within legislative branch as function of committee oversight) (Nov. 5, 1975, p. 35041); to a bill authorizing foreign military assistance programs, an amendment authorizing contributions to an international agency for nuclear missile inspections (Mar. 3, 1976, p. 5226); to a joint resolution proposing a constitutional amendment for representation of the District of Columbia in Congress, a motion to recommit with instructions that the Committee on the Judiciary consider a resolution retroceding populated portions of the District to Maryland (Speaker O'Neill, Mar. 2, 1978, p. 5272, implicitly overruling V, 5582); to a bill prohibiting poll taxes, a motion to recommit the bill with instructions that the committee report it back in the form of a joint resolution amending the Constitution to accomplish the purpose of the bill (Deschler-Brown, ch. 28, Sec. 23.8); to an amendment to achieve a national production goal for synthetic fuels for national defense needs by loans and grants and development of demonstration synthetic fuel plants, a substitute to require by regulation that any fuel sold in commerce require a certain percentage of synthetic fuels (also broader in scope) (June 26, 1979, pp. 16663-74); to a bill to provide financial assistance to domestic agriculture through price support payments, an amendment to protect domestic agriculture by restricting imports in competition therewith (also within the jurisdiction of another committee) (Oct. 14, 1981, p. 23899); to a bill authorizing financial assistance to unemployed individ [[Page 725]] (matters within the jurisdiction of other House committees) (Nov. 7, 1973, p. 36240); to a bill relating to intelligence activities of the executive branch, an amendment effecting a change in the Rules of the House by directing a committee to impose an oath of secrecy on its members and staff (May 1, 1991, p. 9669); to a joint resolution continuing appropriations for the current fiscal year, a motion to recommit with instructions to revise the reconciliation instructions in the concurrent resolution on the budget (Sept. 29, 2005, p. 21795); to a bill reported by the Committee on Government Operations creating an executive agency to protect consumers, an amendment conferring on congressional committees with oversight over consumer protection the authority to intervene in judicial or administrative proceedings (a rulemaking provision within the jurisdiction of the Committee on Rules) (Nov. 6, 1975, p. 35373); to a proposition reported from the Committee on Public Works and Transportation authorizing funds for local public works employment, an amendment to mandate expenditure of already appropriated funds (as a purported disapproval of deferral of such funds under the Impoundment Control Act of 1974) and to set discount rates for reclamation and public works projects, subjects within the jurisdictions of the Committees on Appropriations and Interior and Insular Affairs (May 3, 1977, p. 13242); to a bill reported from the Committee on Armed Services authorizing military procurement and personnel strengths for one fiscal year, an amendment imposing permanent prohibitions and conditions on troop withdrawals from the Republic of Korea because including statements of policy within the jurisdiction of the Committee on Foreign Affairs (May 24, 1978, pp. 15293-95); to a bill reported from the Committee on Government Operations creating a new department, transferring the administration of existing laws to it, and authorizing appropriations to carry out the Act subject to provisions in existing law, an amendment prohibiting the use of funds so authorized to carry out a designated funding program transferred to the department, where the purpose of the authorization is to allow appropriations in general appropriation bills for the department to carry out its functions but where changes in the laws to be administered by the department remain within the jurisdiction of other committees of the House (June 19, 1979, p. 15570); to a bill reported by the Committee on Public Works authorizing funds for highway construction and mass transportation systems using motor vehicles, an amendment relating to urban mass transit (then within the jurisdiction of the Committee on Banking and Currency) and the railroad industry (then within the jurisdiction of the Committee on Interstate and Foreign Commerce) (Oct. 5, 1972, p. 34115); to a bill reported from the Committee on Interior and Insular Affairs designating certain areas in a State as wilderness, an amendment providing unemployment benefits to workers displaced by the designation (Mar. 21, 1983, p. 6347); to a bill reported from the Committee on Science and Technology authorizing environmental research and development activities of an agency, an amendment expressing the sense of Congress with respect to that agency's regu [[Page 726]] latory and enforcement authority, within the jurisdiction of the Committee on Energy and Commerce (Feb. 9, 1984, p. 2423); to a bill authorizing environmental research and development activities of an agency for two years, an amendment adding permanent regulatory authority for that agency by amending a law not within the jurisdiction of the committee reporting the bill (June 4, 1987, p. 14757); to a bill reported from the Committee on Education and Labor dealing with education, an amendment regulating telephone communications (a matter within the jurisdiction of the Committee on Energy and Commerce) (Apr. 19, 1988, p. 7355); to a bill addressing various research programs and authorities, an amendment addressing matters of fiscal and economic policy and regulation (July 16, 1991, p. 18391; Sept. 22, 1992, pp. 26734, 26741); to a bill reported from the Committee on Ways and Means addressing unemployment compensation, an amendment addressing stimuli for economic growth involving the jurisdictions of the Committees on Banking, Finance, and Urban Affairs and the Judiciary (Sept. 17, 1991, p. 23177); to a bill reported from the Committee on Armed Services amending several laws within that committee's jurisdiction on military procurement and policy, an amendment to the Renegotiation Act, a matter within the jurisdiction of the Committee on Banking, Finance and Urban Affairs and not solely related to military contracts (June 26, 1985, pp. 17417-19) and an amendment requiring reports on Soviet Union compliance with arms control commitments, a matter exclusively within the jurisdiction of the Committee on Foreign Affairs (Deschler-Brown, ch. 28, Sec. 4.26); to a bill reported from the Committee on Energy and Commerce relating to mentally ill individuals, an amendment prohibiting the use of general revenue sharing funds (within the jurisdiction of the Committee on Government Operations) (Jan. 30, 1986, p. 1053); to a bill reported from the Committee on Merchant Marine and Fisheries authorizing various activities of the Coast Guard, an amendment urging the Secretary of State in consultation with the Coast Guard to elicit cooperation from other nations concerning certain Coast Guard and military operations (a matter within the jurisdiction of the Committee on Foreign Affairs) (July 8, 1987, p. 19013); to a bill reported by the Committee on Banking, Finance and Urban Affairs dealing with housing and community development grant and credit programs, an amendment expressing the sense of Congress on tax policy (the deductibility of mortgage interest), a matter within the jurisdiction of the Committee on Ways and Means (Aug. 1, 1990, p. 21256); to a bill reported from the Committee on Education and Labor authorizing a variety of civilian national service programs, an amendment establishing a contingent military service obligation (a matter within the selective service jurisdiction of the Committee on Armed Services) (July 28, 1993, p. 17398); to a bill reauthorizing programs administered by two agencies within one committee's jurisdiction, an amendment more general in scope affecting agencies within the jurisdiction of other committees (May 12, 1994, p. 10024); to a bill reported by the Committee on Transportation and Infrastructure reforming and privatizing Amtrak, [[Page 727]] an amendment rescinding previously appropriated funds for certain administrative expenses, a matter within the jurisdiction of the Committee on Appropriations (Nov. 30, 1995, p. 35071); to a measure expressing a sense of Congress with respect to the availability of public funds for expenses incurred in the evaluation of a problem, an amendment addressing legislative responses to that problem, within the jurisdiction of other committees (Feb. 4, 1998, p. 794); to a bill reported from Government Reform and Oversight proposing to alter responsibilities of executive branch agencies under an existing law, an amendment proposing to extend the application of that law to entities of the legislative branch, a matter within the jurisdiction of the Committee on House Administration (Mar. 12, 1998, p. 3389); to a resolution authorizing the deployment of troops to implement a peace agreement within the jurisdiction of the Committee on Foreign Affairs, an amendment expressing support for the armed forces carrying such mission within the jurisdiction of both the Committees on Armed Services and Foreign Affairs (Mar. 11, 1999, p. 4301); to a bill addressing certain diplomatic efforts to curb alleged price-fixing in the global oil market within the jurisdiction of the Committee on Foreign Affairs, an amendment proposing to suspend oil exportation through changes to the Mineral Leasing Act within the jurisdiction of the Committee on Natural Resources and an amendment proposing to change the Energy Policy and Conservation Act to reauthorize Presidential authority to draw down the strategic petroleum reserve, a matter within the jurisdiction of the Committee on Energy and Commerce (Mar. 22, 2000, p. 3281); to a bill confined to tax issues within the jurisdiction of the Committee on Ways and Means, a motion to recommit with instructions to report an amendment addressing the minimum wage, a matter within the jurisdiction of the Committee on Education and the Workforce (June 22, 2006, p. 12298 (sustained by tabling of appeal)), or vice versa (Jan. 10, 2007, p. 787 (sustained by tabling of appeal)); to several individual bills on various topics within the jurisdiction of various other committees, an amendment addressing the Foreign Intelligence Surveillance Act of 1978, a matter within the jurisdiction of the Committee on the Judiciary and the Permanent Select Committee on Intelligence (July 12, 2007, pp. 18843, 18844; Feb. 26, 2008, p. 2482; Feb. 27, 2008, pp. 2627, 2637, 2638; Mar. 5, 2008, pp. 3295, 3296; Mar. 6, 2008, pp. 3402, 3403 (in each case sustained by tabling of appeal); Apr. 16, 2008, pp. 6208, 6219 (sustained on appeal)); to a bill studying two rivers under the Wild and Scenic Rivers Act, and issues related thereto, within the jurisdiction of the Committee on Natural Resources, a motion to recommit with instructions addressing comprehensive energy legislation touching several other committees' jurisdictions (Sept. 10, 2008, pp. 18416, 18417 (sustained by tabling of appeal)); to a bill confined to taxation issues within the jurisdiction of the Committee on Ways and Means, a motion to recommit with instructions addressing laws within the jurisdiction of the Committees on Agriculture, Natural Resources, and Education and Labor (Sept. 26, 2008, pp. 22060, 22061 (sustained by tabling of appeal)); to a bill ad [[Page 728]] dressing payments to physicians under the Medicare program and confined to the jurisdiction of the Committees on Energy and Commerce and Ways and Means, a motion to recommit with instructions addressing medical malpractice reform within the jurisdiction of the Committee on the Judiciary (Nov. 19, 2009, p. _ (sustained by tabling of appeal)); to a defense authorization bill addressing subjects in the jurisdiction of the Committee on Armed Services and several other committees, a motion to recommit with instructions broaching benefits of legislative branch employees within the jurisdiction of another committee (the Committee on House Administration) (May 28, 2010, p. _ (sustained by tabling of appeal)); to a bill addressing various benefits in the jurisdiction of committees other than the Committee on Appropriations, an amendment proposed in a motion to recommit rescinding appropriations carried in a prior appropriation Act (July 1, 2010, p. _ (sustained by tabling of appeal)); to a bill addressing a mortgage refinancing program within the jurisdiction of the Committee on Financial Services, an amendment modifying an income tax deduction within the jurisdiction of the Committee on Ways and Means (Mar. 10, 2011, p. _).
Sec. 934. Committee jurisdiction as test of germaneness. An amendment when considered as a whole should be within the jurisdiction of the committee reporting the bill (Jan. 29, 1976, p. 1582; July 25, 1979, pp. 20601-03; June 27, 1985, pp. 17417-19), although committee jurisdiction over the subject of an amendment and of the original bill is not the exclusive test of germaneness (Aug. 2, 1973, pp. 27673-75), and the Chair relates the amendment to the bill in its perfected form (Aug. 17, 1972, p. 28913). Thus, the following are not germane: to a bill reported from the Committee on Agriculture providing price support programs for various agricultural commodities, an amendment repealing price control authority for all commodities under an act reported from the Committee on Banking and Currency (July 19, 1973, p. 24950); to a bill reported from the Committee on Ways and Means providing for a temporary increase in the public debt ceiling for the current fiscal year (not directly amending the Second Liberty Bond Act), an amendment proposing permanent changes in that Act and also affecting budget and appropriation procedures
[[Page 729]] Committee jurisdiction is not the sole test of germaneness where: (1) the proposition to which the amendment is offered is so comprehensive (overlapping several committees' jurisdictions) as to diminish the pertinency of that test; (2) the amendment does not demonstrably affect a law within another committee's jurisdiction (July 21, 1976, p. 23167; Oct. 8, 1985, pp. 26548-51); (3) the portion of the bill also contains language, related to the amendment, not within the jurisdiction of the committee reporting the bill (Apr. 2, 1976, p. 9254; Aug. 10, 1984, p. 23975); or (4) the bill has been amended to include matter within the jurisdiction of another committee thus rendering further similar amendments germane (July 11, 1985, p. 18601; Sept. 19, 1986, p. 24769). Thus, to a bill reported from the Committee on Agriculture relating to the food stamp program, an amendment requiring the Secretary of the Treasury, after consultation with the Secretary of Agriculture, to collect from certain recipients the monetary value of food stamps received was held germane because the performance of new duties by the Secretary of the Treasury and by the Internal Revenue Service not affecting the application of the Internal Revenue Code is not a matter solely within the jurisdiction of the Committee on Ways and Means (July 27, 1977, pp. 25249-52). On the other hand, to a comprehensive farm bill authorizing a variety of programs within the jurisdiction of the Committees on Agriculture and Foreign Affairs, and amended to include matter within the jurisdiction of the Committee on Energy and Commerce (but not amending laws within the jurisdiction of other committees), an amendment proposing to alter an existing interstate dairy compact and grant consent to additional compacts, matters within the jurisdiction of the Committee on the Judiciary, is not germane (Oct. 4, 2001, pp. 18797, 18809). To a bill amending an existing law to grant to merchant mariners benefits substantially equivalent to those granted to veterans in a separate law in the jurisdiction of another committee, an amendment directly changing the separate law to extend its benefits to merchant mariners was held not germane (Sept. 9, 1992, p. 23951); but if the pending bill incorporates by reference provisions of a law from another committee and conditions the bill's effectiveness upon actions taken pursuant to a section of that law, an amendment to alter that section of the law may be germane (Apr. 8, 1974, pp. 10108-10). The test of the germaneness of an amendment in the nature of a substitute for a bill is its relationship to the bill as a whole, and is not necessarily determined by the content of an incidental portion of the amendment that, if considered separately, might be within the jurisdiction of another committee (Aug. 2, 1973, p. 27673; June 1, 1976, pp. 16021-25). However, the House may by adopting a special rule allow a point of order that a section of a committee amendment in the nature of a substitute would not have been germane if offered separately to the bill as introduced (May 23, 1978, pp. 15094-96; May 24, 1978, pp. 15293- 95; Aug. 11, 1978, p. 25705). The fact that an amendment is offered in conjunction with a motion to recommit a bill with instructions does not affect the requirement that the subject matter of the amendment be germane and within the jurisdiction of the committee reporting the bill (Mar. 2, 1967, p. 5155). Thus the following are not germane: to a bill reported from the Committee on Foreign Affairs addressing U.S. claims against Iraq, a motion to recommit with instructions to prohibit the admission of former members of Iraq's armed forces to the United States as refugees (a matter within the jurisdiction of the Committee on the Judiciary) (Apr. 28, 1994, p. 8803); and to a bill amending a law reported by the Committee on Banking and Financial Services opposing concessional loans to a country and outlining principles governing the conduct of industrial cooperation projects of U.S. nationals in that country, an amendment proposed in a motion to recommit waiving provisions of other law by requiring changes in tariff schedules to achieve overall trade reciprocity between that country and the United States (a subject within the jurisdiction of the Committee on Ways and Means) (Nov. 6, 1997, p. 24824). [[Page 730]] titute citizens of the United States in Cuba, a proposition declaring a state of war in Cuba and proclaiming neutrality (V, 5897); to a proposition for the appointment of a select committee to investigate a certain subject, an amendment proposing an inquiry of the executive on that subject (V, 5891); to a bill granting a right of way to a railroad, an amendment providing for the purchase of the railroad by the Government (V, 5887); to a provision for the erection of a building for a mint, an amendment to change the coinage laws (V, 5884); to a resolution proposing expulsion, an amendment proposing censure (VI, 236); to a resolution authorizing the administration of the oath to a Member-elect, an amendment authorizing such oath administration but adding several conditions of punishment predicated on acts committed in a prior Congress (Jan. 3, 1969, pp. 23-25); to a general tariff bill, an amendment creating a tariff board (May 6, 1913, p. 1234; Speaker Clark, May 8, 1913, p. 1381); to a proposition to sell two battleships and build a new battleship with the proceeds, a proposition to devote the proceeds to building wagon roads (VIII, 2973); to a bill authorizing a State attorney general to bring a civil action in Federal court against a person who has violated a State law regulating intoxicating liquor, an amendment singling out certain violations of liquor laws on the basis of their regard for any and all firearms issues (Aug. 3, 1999, p. 19213).
Sec. 935. Various tests of germaneness are not exclusive. The standards by which the germaneness of an amendment may be measured, as set forth in Sec. Sec. 932-934, supra, are not exclusive; an amendment and the matter to which offered may be related to some degree under the tests of subject matter, purpose, and jurisdiction, and still not be considered germane under the precedents. Thus, the following have been held not to be germane: to a proposition relating to terms of Senators, an amendment changing the manner of their election (V, 5882); to a bill relating to commerce between the States, an amendment relating to commerce within the several States (V, 5841); to a proposition to relieve des
[[Page 731]] that body, a proposed House amendment for use of the House contingent fund for a similar but broader purpose (May 24, 1990, p. 12203); to a bill prohibiting transportation of messages relative to dealing in cotton futures, an amendment adding wheat, corn, etc. (VIII, 3001); to a bill prohibiting cotton futures, an amendment prohibiting wheat futures (VIII, 3001); to a bill for the relief of certain aliens, an amendment for the relief of other persons who are not aliens (May 14, 1975, p. 14360); to a bill providing relief for agricultural producers, an amendment extending such relief to commercial fishermen (also in the jurisdiction of another committee) (Apr. 24, 1978, p. 11080); to a bill governing the political activities of Federal civilian employees, an amendment to cover members of the uniformed services (June 7, 1977, p. 17713); to a bill covering the civil service system for Federal civilian employees, an amendment bringing other classes of employees (postal and District of Columbia employees) within the scope of the bill (Sept. 7, 1978, pp. 28437-39; Oct. 9, 1985, pp. 26951-54); to a portion of an appropriation bill containing funds for a certain purpose to be expended by one agency, an amendment containing funds for another agency for the same purpose (July 24, 1981, p. 17226); to an amendment exempting national defense budget authority from the reach of a proposed Presidential rescission authority, an amendment exempting social security (Feb. 2, 1995, p. 5501); to a Senate amendment striking an earmark from an appropriation bill, a House amendment reinserting part of the amount but adding other earmarks for unrelated programs (Nov. 15, 1989, p. 29019); to a Senate amendment relating to a feasibility study of a land transfer in one State, a House amendment requiring an environmental study of land in another State (Nov. 15, 1989, p. 29035); to a bill prohibiting certain uses of polygraphy in the private sector, an amendment applying the terms of the bill to the Congress (Nov. 4, 1987, p. 30870); to a bill to determine the equitability of Federal pay practices under statutory systems applicable to agencies of the executive branch, an amendment to extend the scope of the determination to pay practices in the legislative branch (ruling sustained by Committee of Whole, Sept. 28, 1988, p. 26422); to a special appropriation bill providing funds and authority for agricultural credit programs but containing no transfers of funds, reappropriations, or rescissions, an amendment (contained in a motion to recommit) deriving funds for the bill by transfer of unobligated balances in the Energy Security Reserve and thus decreasing and transferring funds provided for a program unrelated to the subject matter or method of funding provided in the bill (Feb. 28, 1985, p. 4146); to a bill prohibiting importation of goods made in whole or in part by convict, pauper, or detained labor, or made in whole or in part from materials that have been made in whole or in part in any manner manipulated by convict or prison labor, an amendment prohibiting importation of goods produced by child labor, a second discrete class (VIII, 2963); similarly, to an amendment authorizing grants to States for purchase of one class of equipment (photographic and fingerprint equipment) for law enforcement purposes, an amendment including [[Page 732]] assistance for the purchase of a different class of equipment (bulletproof vests) (Oct. 12, 1979, pp. 28121-24); to a bill repealing section 14(b) of the National Labor Relations Act and making conforming changes in two related sections of labor law, all pertaining solely to the so-called ``right-to-work'' issue, an amendment excluding from the applicability of certain labor-management agreements members of religious groups (July 28, 1965, p. 18633); to a bill relating to the design of certain coin currency, an amendment specifying the metal content of other coin currency (Sept. 12, 1973, p. 29376); to a proposition to accomplish a single purpose without amending a certain law, an amendment to accomplish another purpose by amending that law (Dec. 14, 1973, pp. 41723-25); to a bill regulating poll closing time in Presidential general elections, an amendment extending its provisions to Presidential primary elections (Jan. 29, 1986, p. 684); to a bill authorizing grants to private entities furnishing health care to underserved populations, an amendment authorizing grants to States to control a public health hazard (a different category of recipient) (Mar. 5, 1986, p. 3604); to a bill siting a certain type of repository for a specified kind of nuclear waste, an amendment prohibiting the construction at another site of another type of repository for another kind of nuclear waste (July 21, 1992, p. 18718); to a bill addressing violent crimes, an amendment addressing nonviolent crimes, such as crimes of fraud and deception or crimes against the environment (May 7, 1996, pp. 10342, 10343); to a bill naming a facility after a specific person, an amendment proposing to substitute the name of a different person (VIII, 2955) where it could not be shown that the amendment intended a return to the facility's existing designation (Feb. 4, 1998, p. 792); to a joint resolution addressing whether public funds should be available for specified endeavors of one group, an amendment addressing the same question for unrelated endeavors of another group (Feb. 4, 1998, p. 819); to a bill proposing to alter responsibilities of executive branch agencies under an existing law, an amendment proposing to extend the application of that law to entities of the legislative branch (Mar. 12, 1998, p. 3389); to a joint resolution proposing an amendment to the Constitution authorizing Congress to prohibit physical desecration of the flag, a motion to recommit with instructions proposing an amendment to the Constitution requiring a balanced budget (June 22, 2005, pp. 13539, 13540 (sustained by tabling of appeal)) or requiring that Social Security receipts and outlays be counted as receipts or outlays of the United States (June 22, 2005, pp. 13540, 13541 (sustained by tabling of appeal)); to a joint resolution proposing an amendment to the Constitution to afford equal rights on the basis of sex, an amendment to add ``race, creed, or color'' (Oct. 12, 1971, pp. 35813, 35814).
Sec. 936. One individual proposition not germane to another. One individual proposition may not be amended by another individual proposition even though the two belong to the same class (VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990, p. 32346; Oct. 24, 1991, p. 28561). Thus, the following are not germane: to a bill proposing the admission of one territory into the Union, an amendment for admission of another territory (V, 5529); to a bill amending a law in one particular, amending the law in another particular (VIII, 2949); to a proposition to appropriate or to authorize appropriations for only one year (and containing no provisions extending beyond that year), an amendment to extend the authorization or appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28; see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99; June 20, 2001, pp. 11233, 11234); to a measure continuing appropriations for the current fiscal year for a specified period, an amendment proposed in a motion to recommit making certain funds available beyond such time (Dec. 13, 2007, p. 34138 (sustained by tabling of appeal)); to a measure earmarking funds in an appropriation bill, an amendment authorizing the program for which the appropriation is made (Nov. 15, 1989, p. 29019); to a bill for the relief of one individual, an amendment proposing similar relief for another (V, 5826-5829); to a resolution providing a special order for one bill, an amendment to include another bill (V, 5834-5836); to a provision for extermination of the cotton-boll weevil, an amendment including the gypsy moth (V, 5832); to a provision for a clerk for one committee, an amendment for a clerk to another committee (V, 5833); to a Senate amendment dealing with use of its contingent fund for art restoration in
[[Page 733]] tory into the Union, an amendment providing for the admission of several other territories (V, 5837); to a bill relating to all corporations engaged in interstate commerce, an amendment relating to all corporations (V, 5842); to a bill proscribing certain picketing in the District of Columbia, an amendment making the provisions thereof applicable throughout the United States (Aug. 22, 1966, p. 20113); to a joint resolution proposing an amendment to the Constitution prohibiting the United States or any State from denying persons 18 years of age or older the right to vote, an amendment requiring the United States and all States to treat persons 18 years and older as having reached the age of majority for all purposes under the law (Mar. 23, 1971, p. 7567); to a bill dealing with enforcement of United Nations sanctions against one country in relation to a specific trade commodity, an amendment imposing United States sanctions against all countries for all commodities and communications (Mar. 14, 1977, p. 7446); to a bill to enable a department to investigate and prosecute fraud and abuse in medicare and medicaid health programs, an amendment to prohibit any officer or employee from disclosing any identifiable medical record absent patient approval (Sept. 23, 1977, pp. 30534-35); to an amendment to a budget resolution changing one functional category only, an amendment changing several other categories and covering an additional fiscal year (May 2, 1979, pp. 9556-64); to a bill authorizing funds for radio broadcasting to Cuba, an amendment to include broadcasting to all dictatorships in the Caribbean Basin (Aug. 10, 1982, p. 20256); to a bill relating to aircraft altitude over units of the National Park System, an amendment relating to aircraft collision avoidance generally (Sept. 18, 1986, p. 24084); to a proposition prohibiting the use of funds appropriated for a fiscal year for a specified purpose, an amendment prohibiting the use of funds appropriated for that or any prior fiscal year for an unrelated purpose (June 30, 1987, p. 18294); to a proposition providing for a training vessel for one state maritime academy, an amendment relating to training vessels for all state maritime academies (June 30, 1987, p. 18296); to a proposition waiving a requirement in existing law that an authorizing law be enacted before the obligation of certain funds, an amendment affirmatively enacting bills containing not only that authorization but also other policy matters (Sept. 28, 1988, p. 26108); to a proposition pertaining only to a certain appropriation account in a bill, an amendment relating not only to that account but also to funds in other acts (Sept. 30, 1988, p. 27148); to a proposition raising an employment ceiling for one year, an amendment addressing in permanent law a hiring preference system for such employees (Oct. 11, 1989, p. 24089); to an omnibus farm bill with myriad programs to improve agricultural economy, an amendment to the Animal Welfare Act not limited to agricultural pursuits (Aug. 1, 1990, p. 21573); to a bill authorizing Federal funding for qualifying State national service programs, an amendment conditioning a portion of such funding on the enactment of State laws immunizing volunteers in nonprofit or public programs, generally, from certain legal liabilities (July 28, 1993, p. 17401); to an amend [[Page 734]] ment addressing particular educational requirements imposed on educational agencies by the underlying bill, an amendment addressing any requirements imposed on educational agencies by the underlying bill (Mar. 21, 1994, p. 5771); to a bill reauthorizing programs administered by the Economic Development Administration and the Appalachian Regional Commission, an amendment providing for the waiver of any Federal regulation that would interfere with economic development (May 12, 1994, p. 10024); to a bill prohibiting a certain class of abortion procedures, an amendment prohibiting any or all abortion procedures (Mar. 20, 1997, p. 4425); to a bill addressing one class of imported goods (those produced by forced labor), an amendment addressing all imported goods from a specified country (Nov. 5, 1997, p. 24643); to a bill confined to a single national historic trail designation, a motion to recommit with instructions extending to all trails addressed by the National Trails System Act (July 10, 2008, pp. 14583, 14584).
Sec. 937. A general provision not germane to a specific subject. A specific subject may not be amended by a provision general in nature, even when of the class of the specific subject (V, 5843-5846; VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Deschler-Brown, ch. 28, Sec. 9). Thus the following are not germane: to a bill for the admission of one terri
To a bill limited in its applicability to certain departments and agencies of government, an amendment applicable to all departments and agencies is not germane (Sept. 27, 1967, p. 26957). Thus, the following are not germane: to a bill establishing an office without regulatory authority in the Department of the Interior to manage biological information, an amendment addressing requirements of compensation for constitutional takings by other regulatory agencies (Oct. 26, 1993, p. 26076); to a bill amending an authority of an agency under an existing law, an amendment independently expressing the sense of Congress on regulatory agencies generally (May 14, 1992, p. 11287); to a proposition authorizing activities of certain government agencies for a temporary period, an amendment permanently changing existing law to cover a broader range of government activities (May 5, 1988, p. 9938); and to a joint resolution continuing funding within one executive department, an amendment addressing funding for other departments as well as one addressing the compensation of Federal employees on a government-wide basis (Dec. 20, 1995, pp. 37886, 37888). [[Page 735]] bill amending an existing law in one particular, an amendment amending other laws and more comprehensive in scope (Nov. 19, 1993, pp. 30513, 30515, 30517). To a bill modifying an existing law as to one specific particular, an amendment relating to the terms of the law other than those dealt with by the bill is not germane (V, 5806-5808). Thus, the following are not germane: to a bill amending the war-time prohibition act in one particular, an amendment repealing that act (VIII, 2949); to a proposition temporarily suspending certain requirements of the Clean Air Act, an amendment temporarily suspending other requirements of all other environmental protection laws (Dec. 14, 1973, p. 41751); to an amendment striking from a bill one activity from those covered by the law being amended, a substitute striking the entire subsection of the bill, thereby eliminating the applicability of existing law to a number of activities (Sept. 23, 1982, p. 24963); to a bill amending an existing law to authorize a program, an amendment restricting authorizations under that or any other act (Dec. 10, 1987, p. 34676); to a bill proposing a temporary change in law, an amendment making permanent changes in that law (Nov. 19, 1991, p. 32893); and to a A bill dealing with an individual proposition but rendered general in its scope by amendment is then subject to further amendment by propositions of the same class (VIII, 3003). Although a specific proposition covering a defined class may not be amended by a proposition more general in scope, the Chair may consider all pending provisions being read for amendment in determining the generality of the class covered by that proposition (Jan. 30, 1986, p. 1051).
Sec. 938. Specific subjects germane to general propositions of the class. A general subject may be amended by specific propositions of the same class (VIII, 3002, 3009, 3012; see also Deschler-Brown, ch. 28, Sec. 11). Thus, the following have been held to be germane: to a bill admitting several territories into the Union, an amendment adding another territory (V, 5838); to a bill providing for the construction of buildings in each of two cities, an amendment providing for similar buildings in several other cities (V, 5840); to a resolution embodying two distinct phases of international relationship, an amendment embodying a third (V, 5839); to an amendment prohibiting indirect assistance to several countries, an amendment to include additional countries within that prohibition (Aug. 3, 1978, p. 24244); to a portion of a bill providing two categories of economic assistance to foreign countries, an amendment adding a further specific category (Apr. 9, 1979, pp. 7755-57); to a bill bringing two new categories within the coverage of existing law, an amendment to include a third category of the same class (Nov. 27, 1967, p. 33769); to a proposition providing for prepayment of loans by those within a certain class of borrowers who meet a specified criterion, a proposed House amendment eliminating the criterion to broaden the applicability of the Senate amendment to additional borrowers within the same class (June 30, 1987, p. 18308); to an amendment addressing a range of criminal prohibitions, an amendment addressing another criminal prohibition within that range (Oct. 17, 1991, p. 26767); to a bill addressing violent crimes, an amendment addressing violent crimes involving the environment (May 7, 1996, p. 10344).
[[Page 736]] definitions of several of the terms used therein, an amendment modifying one of the definitions and adding another (Sept. 26, 1967, p. 26878); to a bill authorizing a broad program of research and development, an amendment directing specific emphasis in the administration of the program (Dec. 19, 1973, p. 42607); to a bill providing for investigation of relationships between environmental pollution and cancer, an amendment to investigate the impact of personal health habits, such as cigarette smoking, on that relationship (Sept. 15, 1976, pp. 30496-98); to a supplemental appropriation bill containing funds for several departments and agencies, an amendment in the form of a new chapter providing funds for capital outlays for subway construction in the District of Columbia (May 11, 1971, p. 14437); to a proposal authorizing military procurement, including purchase of food supplies, an amendment authorizing establishment that fiscal year of a military preparedness grain reserve (July 20, 1982, pp. 17073, 17074, 17092, 17093). Where a bill seeks to accomplish a general purpose (support of arts and humanities) by diverse methods, an amendment that adds a specific method to accomplish that result (artist employment through the National Endowment for the Arts) may be germane (Apr. 26, 1976, p. 11101; see also June 12, 1979, p. 14460). However, to a resolution authorizing a class of employees in the service of the House, an amendment providing for the employment of a specified individual was held not to be germane (V, 5848-5849). Other examples of amendments that have been held to be germane under this theory include: to a proposition relating in many diverse respects to the political rights of the people of the District of Columbia, an amendment conferring upon that electorate the additional right of electing a nonvoting Delegate to the Senate (Oct. 10, 1973, p. 33656); to a bill containing [[Page 737]] in order (Sept. 29, 1969, pp. 27341-43). Thus where a bill authorized appropriations to an agency for one year but did not amend the organic law by extending the existence of that agency, an amendment extending the life of another entity mentioned in the organic law was held not germane (May 20, 1976, p. 14912). An amendment making permanent changes in the law relating to organization of an agency is not germane to a title of a bill only authorizing appropriations for such agency for one fiscal year (Nov. 29, 1979, p. 34090). To a general appropriation bill providing funds for one fiscal year, an amendment changing a permanent appropriation in existing law and changing congressional procedures for consideration of that general appropriation bill in future years is more general in scope (and in part within the jurisdiction of the Committee on Rules) and therefore is not germane (June 29, 1987, p. 18083); and to a temporary authorization bill prescribing the use of an agency's funds for two years but not amending permanent law, an amendment permanently changing the organic law governing that agency's operations is not germane (Dec. 2, 1982, p. 28537, concerning Sept. 28, 1982, p. 25465; Feb. 13, 2008, pp. 2115, 2116 (sustained by tabling of appeal)). However, to a bill authorizing appropriations for a department for one fiscal year, where the effect of the department's activities pursuant to that authorization may extend beyond such year, an amendment directing a specific use of those funds to perform an activity that may not be completed within the fiscal year was nevertheless germane, because limited to funds in the bill (Oct. 18, 1979, p. 28763). Similarly, to a one-year authorization bill containing diverse limitations and directions to the agency in question during such year, an amendment further directing the agency to obtain information from the private sector, and to make such information public during such year, was held germane (Oct. 18, 1979, pp. 28815-17). Although an amendment making a permanent change in existing law has been held not germane to a bill proposing a temporary change in that law, if it is apparent that the fundamental purpose of the amendment is to have only temporary effect and to accomplish the same result as the bill, it may be germane. Thus to a bill providing a temporary extension of existing authority, an amendment achieving the same purpose by providing a nominally permanent authority was held germane where both the bill and the amendment were based on reported economic projections under which either would achieve the same, necessarily temporary result by method of direct or indirect amendment to the same existing law (May 13, 1987, p. 12344). However, to a proposal continuing the availability of appropriated funds and imposing diverse legislative conditions upon the availability of appropriations, an amendment directly and permanently changing existing law as to the eligibility of recipients of funds was held to be nongermane (Dec. 10, 1981, pp. 30536-38). To a bill extending an existing law in modified form, an amendment proposing further modification of that law may be germane (Apr. 23, 1969, p. 10067; Feb. 19, 1975, p. 3596). But to a bill amending a law in one particular, an amendment repealing the law is not germane (Jan. 14, 1964, [[Page 738]] p. 423). To a bill amending a general law in several particulars, an amendment providing for the repeal of the whole law may be germane (V, 5824), but the bill amending the law must so vitally affect the whole law as to bring the entire act under consideration before the Chair will hold an amendment repealing the law or amending any section of the law germane to the bill (VIII, 2944; Apr. 2, 1924, p. 5437). If a bill repeals a provision of law, an amendment modifying that provision rather than repealing it may be germane (Oct. 30, 1969, p. 32466); but the modification must relate to the provision of law being repealed (July 28, 1965, p. 18636). Generally to a bill amending one law, an amendment changing the provisions of another law or prohibiting assistance under any other law is not germane (May 11, 1976, p. 13419; Aug. 12, 1992, p. 23238). To a bill amending the Bretton Woods Act in relation to the International Monetary Fund, an amendment prohibiting the alienation of gold to the IMF or to any other international organization or its agents was held not germane (July 27, 1976, p. 24040). However, to a bill comprehensively amending several laws within the same class, an amendment further amending one of those laws on a subject within that class is germane (May 12, 1976, p. 13530); and to a bill authorizing funding for the intelligence community for one fiscal year and making diverse changes in permanent laws relating thereto, an amendment changing another permanent law to address accountability for intelligence activities was held germane (Oct. 17, 1990, p. 30171). To a title of a bill dealing with a number of unrelated authorities of the Secretary of Agriculture, an amendment amending another act within the jurisdiction of the Committee on Agriculture to require the adoption of a minimum standard for the contents of ice cream was held germane, because it was restricted to the authority of the Secretary of Agriculture (July 22, 1977, pp. 24558-70). But to a section of a bill amending a section of the National Labor Relations Act dealing with procedural rules governing labor elections and organizations, an amendment changing the same section of law to require promulgation of rules defining certain conduct as an unfair labor practice was held not germane, where neither the pending section nor the bill itself addressed the subject of unfair labor practices dealt with in another section of the law (Oct. 5, 1977, p. 32507). To a bill narrowly amending one subsection of existing law dealing with one specific criminal activity, an amendment postponing the effective date of the entire section, affecting other criminal provisions and classes of persons as well as the one amended by the bill, or an amendment to another subsection of the law dealing with a related but separate prohibition, was held not germane (May 16, 1979, pp. 11470-72), but to an amendment adding sundry punitive sections to the Federal criminal code, an amendment creating an exception to the prohibition of another such section was held germane (Oct. 17, 1991, p. 26767). [[Page 739]]
Sec. 939. Amendments to bills amending existing law. To a bill amending a general law on a specific point an amendment relating to the terms of the law rather than to those of the bill was ruled not to be germane (V, 5808; VIII, 2707, 2708). Thus a bill amending several sections of one title of the United States Code does not necessarily bring the entire title under consideration so as to permit an amendment to any portion thereof (Oct. 11, 1967, p. 28649), and if a bill amends existing law in one narrow particular, an amendment proposing to modify such existing law in other particulars will generally be ruled out as not germane (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013, 3031; May 12, 1976, p. 13532). To a bill narrowly amending an anti-discrimination provision in the Education Amendments of 1972 only to clarify the definition of a discriminating entity subject to denial of Federal funding, amendments re-defining a class of discrimination (sex), expanding the definition of persons who are the subject of discrimination (to include the unborn), and deeming a new entity (Congress) to be a recipient of Federal assistance (a class not necessarily included in the class covered by the bill), were ruled not to be germane (June 26, 1984, pp. 18847, 18857, 18861). But to the same bill, an amendment merely defining a word used in the bill was held germane (June 26, 1984, p. 18865). Unless a bill so extensively amends existing law as to open up the entire law to amendment, the germaneness of an amendment to the bill depends on its relationship to the subject of the bill and not to the entire law being amended (Oct. 28, 1975, p. 34031). But a bill amending several sections of an existing law may be sufficiently broad to permit amendments to other sections of that law not mentioned in the bill (Feb. 19, 1975, p. 3596; Sept. 14, 1978, p. 29487). To a bill continuing and re-enacting an existing law, amendments germane to the existing act sought to be continued have been held germane to the pending bill (VIII, 2940, 2941, 2950, 3028; Oct. 31, 1963, p. 20728; June 1, 1976, p. 16045); but if a bill merely extends an official's authority under existing law, an amendment permanently amending that law has been held not
[[Page 740]] as a contingency that sought to compel the furnishing of information related to efforts to induce defense assistance to that nation (Aug. 2, 1978, p. 23932); to a provision authorizing funds for a fiscal year, an amendment restricting the availability of funds appropriated pursuant thereto for a specified purpose until enactment of a subsequent law authorizing that purpose (July 21, 1983, p. 20198); to a bill authorizing humanitarian and evacuation assistance to war refugees, an amendment making such authorization contingent on a report to Congress on costs of a portion of the evacuation program (but not requiring implementation of any new program) (Apr. 23, 1975, p. 11529); and to an amendment precluding the availability of an authorization for part of a fiscal year and then permitting availability for the remainder of the year based upon a contingency, an amendment constituting a prohibition on the availability of the same funds for the entire fiscal year (May 16, 1984, p. 12567).
Sec. 940. Amendments imposing conditions, qualifications, and limitations. Restrictions, qualifications, and limitations sought to be added by way of amendment must be germane to the provisions of the bill. Conditioning the availability of funds may be germane if the condition is related to the general purpose and within the scope of the pending proposition (Deschler-Brown, ch. 28, Sec. Sec. 29-34). Thus, the following are germane: to a bill authorizing the funding of a variety of programs that satisfy several stated requirements in order to accomplish a general purpose, an amendment conditioning the availability of those funds upon implementation by their recipients of another program related to that general purpose (June 18, 1973, p. 20100); to a bill authorizing funds for military procurement and construction, an amendment declaring that none of the funds be used to carry out military operations in North Vietnam (Mar. 2, 1967, p. 5143); to a proposition reducing the line-item authorization for certain missiles and prohibiting procurement of certain other missiles, an amendment proposing a conditional restriction on the availability of funds for such procurement that merely requires observation of activities of another country, which activities already constitute the policy basis for the funding of that governmental activity (missile procurement) (May 16, 1984, p. 12510); to a bill authorizing federal funding of certain qualifying state programs, an amendment restricting the payment of Federal funds in a bill to States that enact certain laws relating to the activities being funded (July 28, 1993, p. 17403); to an authorization bill, an amendment that conditions the availability of such funds by adopting as a measure of their availability the expenditure during the fiscal year of a comparable percentage of funds authorized by other acts as long as the amendment does not directly affect the use of other funds (July 26, 1973, p. 26210); to a bill authorizing certain housing programs, an amendment restricting the amounts of direct spending in the bill to the levels set in the concurrent resolution on the budget as merely a measure of availability of funds in the bill and not a provision directly affecting the congressional budget process (June 11, 1987, p. 15540); to a proposition restricting the availability of funds to a certain category of recipients, an amendment further restricting the availability of funds to a subcategory of the same recipients (Sept. 25, 1979, pp. 26135-43); to a bill authorizing appropriations for an agency, an amendment prohibiting the use of funds for any purpose to which the funds may otherwise be applied (Nov. 5, 1981, p. 26716); an amendment that conditions the availability of funds covered by a bill by adopting as a measure of their availability the monthly increases in the public debt (as long as the amendment does not directly affect other provisions of law or impose contingencies textually predicated upon other unrelated actions of Congress) (Sept. 25, 1979, pp. 26150-52); to a bill authorizing defense assistance to a foreign nation, an amendment delaying the availability of that assistance until that nation's former ambassador testified before a House committee, which had been directed by the House to investigate gifts by that nation's representatives to influence Members and employees,
[[Page 741]] verification not otherwise applicable to them (and within the jurisdiction of other committees) (Mar. 7, 2007, pp. 5618, 5619). On the other hand, the following conditions on the availability of funds are not germane: an amendment conditioning the use of funds on the conduct of congressional hearings addressing an unrelated subject (July 22, 1994, p. 17613); to a proposition conditioning the availability of funds upon the enactment of an authorizing statute for the enforcing agency, a substitute conditioning the availability of some of those funds upon a prohibition of certain imports into the United States (Nov. 7, 1985, p. 30984); to a bill authorizing funds for military assistance to certain foreign countries, an amendment to make the availability of those funds contingent upon efforts by those countries to control narcotic traffic to the United States, and to authorize the President to offer the assistance of Federal agencies for that purpose, where the subjects of narcotics and the accessibility of Federal agencies are not contained in the bill (June 17, 1971, p. 20589); to a bill authorizing funds for foreign assistance, an amendment placing restrictions on funds authorized or appropriated in prior years (Aug. 24, 1967, p. 24002); to an amendment changing a dollar amount in a bill, a substitute therefor not only changing the figure but also restricting the use of any funds in furtherance of a certain activity (June 7, 1972, p. 19920); to a proposal to restrict availability of agency funds for a year and amending the organic law as it relates to the internal functions thereof, an amendment further restricting funding but also applying with respect to the use of funds in the bill provisions of criminal and other laws not applicable thereto (Oct. 26, 1989, p. 26269); to a provision prohibiting aid to a certain country unless certain conditions were met, an amendment prohibiting aid to another country until that nation took certain acts, and referring to funds provided in other acts (Nov. 17, 1967, p. 32968); and an amendment conditioning the availability of defense funds to foreign contractors based upon their compliance with Federal law regarding discrimination not otherwise applicable to them (and within the jurisdiction of other committees) (June 16, 1983, p. 16060); an amendment conditioning the availability of grants to states and localities based upon their compliance with Federal immigration law regarding employment eligibility An amendment to a general appropriation bill in the form of a limitation on funds therein for activities unrelated to the functions of departments and agencies addressed by the bill is not germane (July 10, 2000, p. 13605). An amendment delaying the availability of authorizations pending unrelated determinations involving agencies and committee jurisdictions not within the purview of the bill is also not germane (Feb. 7, 1973, p. 3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218). Thus, the following are not germane: to a bill authorizing military assistance to Israel and funds for a U.N. emergency force in the Middle East, an amendment postponing the availability of funds to Israel until the President certifies the existence of a designated level of domestic energy supplies (Dec. 11, 1973, p. 40837); an amendment delaying the availability of an appropriation pending the enactment of certain revenue legislation (Oct. 25, 1979, p. 29639); to a bill authorizing radio broadcasting to Cuba, an amendment prohibiting the use of those funds until Congress has considered a constitutional amendment mandating a balanced budget (Aug. 10, 1982, p. 20250). Similarly, although it may be in order on a general appropriation bill to delay the availability of certain funds therein if the contingency does not impose new duties on executive officials, the contingency must be related to the funds being withheld and cannot affect other funds in the bill not related to that factual situation (VII, 1596, 1600), may not be made applicable to a trust fund provided (IV, 4017), and may not be made applicable to money appropriated in other acts (IV, 3927; VII, 1495, 1597-1599). Thus, to a general appropriation bill containing funds not only for a former President but also for other departments and agencies, an amendment delaying the availability of all funds in the bill until the former President has made restitution of a designated amount of money is not germane (Oct. 2, 1974, p. 33620). On the other hand, to a general appropriation bill providing funds for the Department of Agriculture and including specific allocation of funds for pest control, an amendment was germane that prohibited the use of funds for use of pesticides prohibited by State or local law (May 26, 1969, p. 13753). [[Page 742]] a soldier's compensation act shall have been enacted (VIII, 3035); and to a bill naming an airport, an amendment conditioning the naming on approval by an entity without jurisdiction over the administration of the airport (Feb. 4, 1998, p. 794). On the other hand, the following are germane: an amendment delaying operation of a proposed enactment pending an ascertainment of a fact when the fact to be ascertained relates to the subject matter of the bill (VIII, 3029; Dec. 15, 1982, pp. 30957- 61); an amendment postponing the effective date of a title of a bill to a date certain (July 25, 1973, p. 25828); to a provision to become effective immediately, an amendment deferring the time at which it shall become effective, without involving affirmative legislation (VIII, 3030). It is not in order to amend a bill to delay the effectiveness of the legislation pending an unrelated contingency (VIII, 3035, 3037). Thus the following are not germane: an amendment delaying the bill's effectiveness pending unrelated determinations involving agencies and committee jurisdictions not within the purview of the bill (Feb. 7, 1973, p. 3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218); an amendment delaying the bill's effectiveness pending enactment of unrelated State legislation (June 29, 1967, p. 17921; July 28, 1993, p. 17401); an amendment conditioning authorization for one agency (National Science Foundation) on appropriations for another (National Aeronautics and Space Administration) (May 2, 2007, pp. 11093-95); to a bill proposing relief for women and children in Germany, an amendment delaying the effectiveness of such relief until Where a proposition confers broad discretionary power on an executive official, an amendment is germane that directs that official to take certain actions in the exercise of the authority or proposes to limit such authority (VIII, 3022). Thus the following are germane: to an amendment in the nature of a substitute authorizing the Federal Energy Administrator to restrict exports of certain energy resources, an amendment directing that official to prohibit the exportation of petroleum products for use in Indochina military operations (Dec. 14, 1973, p. 41753); to a provision conferring Presidential authority to establish priorities among users of petroleum products and requiring priority to education and transportation users, an amendment restricting such regula