[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 15. Congressional Record]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 15 - CONGRESSIONAL RECORD
HOUSE PRACTICE
Sec. 1. In General; Control Over the Congressional Record
Sec. 2. Matters Printed in the Congressional Record
Sec. 3. Corrections; Deletions
Sec. 4. Printing Errors
Sec. 5. Extensions of Remarks; Insertions
Research References
5 Hinds Sec. Sec. 6958-7024
8 Cannon Sec. Sec. 3459-3502
Deschler Ch 5 Sec. Sec. 15-20
Manual Sec. Sec. 685-692, 967, 968
Sec. 1 . In General; Control Over the Congressional Record
The present system of reporting the proceedings of the House for
the Congressional Record is the result of gradual evolution. The first
debates, beginning in 1789, were published in condensed form in the
Annals of Congress. The Congressional Globe began in 1833 and
continued until 1873, when the Record began. 5 Hinds Sec. 6959.
The Congressional Record is governed by statutory provisions and
rules as to its format and content. 44 USC Sec. Sec. 901-910. Control
over the arrangement and style of the Record, including maps,
diagrams, and illustrations, is vested in the Joint Committee on
Printing. 44 USC Sec. Sec. 901, 904. Neither the Speaker nor the House
may order changes in the type size or printing style without the
approval of the Joint Committee on Printing. Deschler Ch 5
Sec. Sec. 15.1, 15.2.
The proceedings of the House and the proceedings of the Senate are
published in separate portions of the Congressional Record, and each
House separately controls the content of its portion of the Record. 8
Cannon Sec. 2503. The statement of a Senator that would normally
appear in the Senate portion of the Record may not be inserted in that
portion of the Record dealing with the proceedings of the House. 87-2,
Jan. 16, 1962, p 291.
Both the Joint Committee on Printing and the House have adopted
supplemental rules governing publication in the Congressional Record.
For the text of these rules, see Manual Sec. 686. Under rule X clause
1(i), the Committee on House Administration has jurisdiction of
matters relating to printing and correction of the Record.
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A Member is not entitled to inspect the reporter's notes of
remarks of others not reflecting on himself nor may he demand that
they be read. 5 Hinds Sec. Sec. 6964, 6967; 8 Cannon Sec. 3460.
Sec. 2 . Matters Printed in the Congressional Record
Generally
The content of the House portion of the Congressional Record is
governed by statutory law, the House rules, and the customs and
practices of the House. In addition, the House often agrees by
unanimous consent to permit certain matter to be inserted in the
Record which would not ordinarily be included. Deschler Ch 5 Sec. 16.
Rule XVII clause 8 and section 901 of title 44 of the United
States Code require the Congressional Record to be a substantially
verbatim account of the proceedings of the House. Manual Sec. 967.
Clause 8 applies to statements and rulings of the Chair as well as to
debate. Manual Sec. 968. Because of this requirement, the Speaker will
not entertain a unanimous-consent request to give a special-order
speech ``off the Record.'' Manual Sec. 687.
Additional matters required by statute or House rules to be
printed in the Congressional Record include:
The oath of office subscribed to by a Member. 2 USC Sec. 25.
Referrals to committee under rule XII clause 7. Manual
Sec. 825.
The filing of committee reports. Manual Sec. 831.
Reports submitted to Congress pursuant to a statute requiring
publication in the Record. See, e.g., 2 USC Sec. 1383.
Amendments to be protected for debate time under the five-
minute rule. Manual Sec. 987.
Conference reports and accompanying statements. Manual
Sec. 1082.
Messages received from the Senate and President giving notice
of bills passed or approved under rule XII clause 1. Manual
Sec. Sec. 815, 875.
Motions to discharge. Manual Sec. 892.
Timely changes in votes. Deschler Ch 5 Sec. 16.14.
The addition or deletion of the name of a cosponsor. Manual
Sec. 825.
Measures introduced ``by request.'' Manual Sec. 826.
The Congressional Record is for the proceedings of the House and
Senate only, and unrelated matters are rigidly excluded. 5 Hinds
Sec. 6962. It is not, however, the official record of business, that
function being fulfilled by the Journal. See Journal.
As a general principle, the Speaker has no control over the
Congressional Record. 5 Hinds Sec. Sec. 6983, 7017. The House, and not
the Speaker, determines the extent to which a Member may be allowed to
extend his remarks (5 Hinds Sec. Sec. 6997-7000; 8 Cannon Sec. 3475),
whether or not a copy
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righted article shall be printed therein (5 Hinds Sec. 6985), or
whether there has been an abuse of the leave to print (5 Hinds
Sec. 7012; 8 Cannon Sec. 3474).
The House frequently agrees by unanimous consent to permit
insertions of matters of general interest in the Congressional Record
at the request of Members. Matters that have been inserted in the
Record under this procedure include:
Information relative to the installation of voting equipment in
the Chamber. 91-2, Nov. 25, 1970, p 39085.
Records from litigation involving the House. 90-1, Apr. 10,
1967, pp 8729-62.
The transcript of proceedings of the House in a secret session.
96-1, July 17, 1979, p 19049.
Summaries of the work of Congress or its committees at
adjournment. Deschler Ch 5 Sec. 16.
Extraneous and tabular matter as the Majority and Minority
Leaders consider necessary to establish legislative history
concerning the codification of the standing rules. 106-1, Jan.
6, 1999, p ____.
Printing Bills in the Congressional Record
Measures considered in the House are printed in the Congressional
Record as introduced at the beginning of consideration. If an amended
version of the measure is made in order under the special order
providing for its consideration, that amended version is printed
immediately following the introduced version, unless further
amendments are made in order. In that case, the amended version is
printed after debate.
Measures considered in the Committee of the Whole are printed in
the Congressional Record following general debate. The only version of
the measure printed is the one made in order as original text for the
purpose of amendment by the special order providing for its
consideration. The measure is printed as read by the Clerk. For
example, if under a special order the measure is considered as read,
it is printed in its entirety after general debate. If the measure is
read by title, each title is printed at the point the Clerk either
reads or designates it. No other version of the measure is printed in
the Record.
Where the House considers a Senate measure following passage of a
similar House bill and amends it with the House-passed text, both the
Senate and the House version of the measure are printed in full at
that point in the Congressional Record, unless the Senate-passed
version has been previously printed Senate proceedings.
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Sec. 3 . Corrections; Deletions
Under rule XVII clause 8, the substantially verbatim account of
remarks made during debate and published in the Congressional Record
is subject only to technical, grammatical, and typographical
corrections authorized by the Member making the remarks involved.
Unparliamentary remarks may be deleted only by permission or order of
the House. Under rule XVII clause 8(c), this requirement is a standard
of official conduct that may be investigated by the Committee on
Standards of Official Conduct. Manual Sec. 967.
The remarks of a Member, if in order, cannot be stricken from the
Congressional Record by the House. 5 Hinds Sec. 6974; 8 Cannon
Sec. 3498. However, remarks that are out of order may be excluded from
the Record by House order. Deschler Ch 5 Sec. 19.8. Remarks by an
interrupting Member who has not been recognized do not appear in the
Record. Manual Sec. Sec. 687, 946.
The Committee of the Whole may not authorize deletions from the
Congressional Record. 5 Hinds Sec. 6986; Deschler Ch 5 Sec. 17.22.
Substantive insertions submitted under leave to ``revise and
extend'' are printed in distinctive type. A speech that has been
substantively revised is printed as delivered and then separately
printed as revised in distinctive type. Manual Sec. 686.
Sec. 4 . Printing Errors
Generally
The House may correct errors in the printing of the Congressional
Record in order to ensure that the proceedings of the House are
accurately recorded. 5 Hinds Sec. 6972. The authority to correct such
errors is vested in the House, not the Speaker. 5 Hinds Sec. 7019;
Deschler Ch 5 Sec. 18.
The correction of an error in the Congressional Record may present
a question of the privileges of the House where the integrity of House
proceedings is in question. Manual Sec. Sec. 690, 704; Deschler Ch 5
Sec. Sec. 18.1, 18.2. However, this question may not be raised until
the daily edition of the Record has appeared (Deschler Ch 5 Sec. 18),
and no corrections may be submitted after the permanent edition of the
particular volume is published (Deschler Ch 5 Sec. 18.12).
Errors that may be corrected under this procedure are errors in
the transcript or printing of the proceedings, not errors of fact made
by a Member during debate. The House may not change the Congressional
Record merely to show what should have been said on the floor. 5 Hinds
Sec. 6974; 8 Cannon Sec. 3498; Deschler Ch 5 Sec. 18. A mere
typographical error or proper revision
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of a Member's remarks does not give rise to a question of privilege.
Manual Sec. 690.
By Motion or Resolution
A motion or resolution to correct the Congressional Record, if
constituting a question of privilege, is in order after the approval
of the Journal. Manual Sec. 690; Deschler Ch 5 Sec. 18.6. A motion or
resolution to correct the Record also is in order after a unanimous-
consent request to that effect has been objected to. Deschler Ch 5
Sec. 18.9. Such motion or resolution is debatable under the hour rule
and is subject to a motion to refer to the Committee on Rules.
Deschler Ch 5 Sec. Sec. 18.7-18.10.
Sec. 5 . Extensions of Remarks; Insertions
Generally
In 1968 the Appendix of the Congressional Record was replaced by a
new heading, ``Extensions of Remarks,'' for the inclusion of material
in the Record that is extraneous to the proceedings on the floor. A
Member may be permitted to extend his remarks in this part of the
Record so as to insert (1) a speech that was not actually delivered on
the floor and (2) extraneous materials related to the subject under
discussion, provided the consent of the House is obtained. 5 Hinds
Sec. Sec. 6990-6993; Deschler Ch 5 Sec. 20. This has been a long-
standing practice, dating from as early as 1852, when it was the
custom to print undelivered speeches in the Appendix to the Record. 5
Hinds Sec. 6993. Under the modern practice, such insertions are
permitted by unanimous consent and not by privileged motion. Deschler
Ch 5 Sec. 20.11.
Permission to include extraneous materials may be granted only by
the House. To eliminate the need for daily requests, the House has
recently adopted the practice of granting all Members permission to
revise and extend their remarks in the ``Extensions of Remarks''
portion of the Congressional Record and include extraneous material
(within two Record) at the beginning of each Congress. See, e.g., 106-
1, Jan. 6, 1999, p ____. The Chairman of the Committee of the Whole
may recognize a Member to extend his own remarks, but the Committee of
the Whole lacks the power to permit the inclusion of extraneous
materials. Deschler Ch 5 Sec. 20.12.
Permission to extend in the body of the Congressional Record must
be sought by the Member whose remarks are to be inserted, although
general permission to extend is sometimes given to all Members.
Deschler Ch 5 Sec. 20.
The revised material inserted under permission to extend remarks
must be clearly distinguishable, by different typeface, from the
substantially ver
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batim account of proceedings. The Speaker has instructed the Official
Reporters of Debates to adhere strictly to this requirement. Manual
Sec. 687.
Timeliness
Permission to extend must be sought at the proper time. Requests
to insert made prior to the reading and approval of the Journal will
not be entertained. Deschler Ch 5 Sec. 20.4. The Speaker may decline
to entertain a request to extend remarks pending a motion to discharge
a committee or during the pendency of a motion to suspend the rules.
Deschler Ch 5 Sec. Sec. 20.7, 20.8.
Strict Construction
Authorizations to extend remarks in the Congressional Record are
strictly construed. Deschler Ch 5 Sec. 20. A Member who has received
permission to extend his remarks may not without consent include in
such remarks extraneous matter, such as an article or speech by
another person. 8 Cannon Sec. 3479; Deschler Ch 5 Sec. 20.23.
Similarly, a Member who has obtained the consent of the House to
extend remarks only on a specific bill must confine his insertions to
the subject matter of the bill and may not include extraneous
materials such as letters, editorials, or articles. Deschler Ch 5
Sec. 20.24.
The Chair will decline to entertain a request that a Member be
permitted to revise and extend his remarks on a point of order or to
insert, immediately following a record vote on an amendment, the
results of a previous record vote on the same subject. Manual
Sec. 628; 96-2, Jan. 30, 1980, p 1319.
Limitations on Insertions
Under leave to extend, a Member may not insert matter that:
Would be out of order if stated on the House floor. 5 Hinds
Sec. 7003; Deschler Ch 5 Sec. 20.
Fails to comply with statute or the rules of the Joint
Committee on Printing as to format (44 USC Sec. 904), cost-
estimate requirements for extraneous matter exceeding two
Congressional Record pages (Manual Sec. 692), or subject matter
(92-2, May 10, 1972, pp 16661, 16748-16836).
Fails to conform to the descriptions implicit in the request to
which the House consented. 5 Hinds Sec. 7001; 8 Cannon
Sec. 3479; Deschler Ch 5 Sec. Sec. 20.25, 20.26.
Fails to include the Member's signature. Manual Sec. 686.
Alters the nature of colloquies as delivered on the floor or
changes the meaning of what another Member said. Deschler Ch 5
Sec. Sec. 19.3, 19.17, 20.3.
Inserts an entire colloquy between two or more Members that was
not actually delivered. Manual Sec. 692.
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Includes newspaper articles or other extraneous matter without
having obtained authority to do so. Manual Sec. 692; 8 Cannon
Sec. Sec. 3480-3483.
Abuse of Leave to Print
Abuse of the leave to print gives rise to a question of privilege.
5 Hinds Sec. Sec. 7008, 7011; 8 Cannon Sec. Sec. 3491, 3495. A
resolution to investigate the propriety of remarks as constituting
such abuse, or for the appointment of a committee to consider the
propriety of remarks inserted under leave to print, is privileged but
is not in order until the Congressional Record appears. 5 Hinds
Sec. Sec. 7020, 7021; 8 Cannon Sec. Sec. 3493, 3495. An inquiry by the
House as to alleged abuse of leave to print does not necessarily
entitle the Member implicated to recognition on a question of personal
privilege. 5 Hinds Sec. 7012. However, when a committee is appointed
to investigate the propriety of a Member's remarks in the Record, the
Member is afforded an opportunity to be heard. 8 Cannon Sec. 3491.
Expungement
The extension of remarks in the Congressional Record by a Member
without the permission of the House constitutes grounds for a question
of the privilege of the House, and the House may expunge such remarks
from the Record. Deschler Ch 5 Sec. 20.2. A resolution to expunge
remarks alleged to be an abuse of leave to print is privileged and
entitles its proponent to recognition to debate it. 8 Cannon
Sec. Sec. 3475, 3479, 3491.
The House may exclude in whole or in part an insertion by a Member
under leave to print in the Congressional Record that would not have
been in order if uttered on the floor. Manual Sec. 692.
Form
Member: Mr. Speaker, I ask unanimous consent to extend my remarks
on the bill just passed, H.R. __________, by inserting an article
pertaining thereto.
Majority Leader: Mr. Speaker, I ask unanimous consent that all
Members speaking on the bill have five legislative days in which to
extend remarks in the Congressional Record, to be confined to the
bill.
Majority Leader: Mr. Speaker, I ask unanimous consent that for the
__________ Congress all Members be permitted to extend their remarks
and to include extraneous material within the permitted limit in
that section of the Congressional Record entitled ``Extensions of
Remarks.''