[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] [[Page 367]] CHAPTER 15 - CONGRESSIONAL RECORD HOUSE PRACTICE Sec. 1. In General; Control Over the Congressional Record Sec. 2. Matters Printed in the Congressional Record Sec. 3. Corrections; Deletions Sec. 4. Printing Errors Sec. 5. Extensions of Remarks; Insertions Research References 5 Hinds Sec. Sec. 6958-7024 8 Cannon Sec. Sec. 3459-3502 Deschler Ch 5 Sec. Sec. 15-20 Manual Sec. Sec. 685-692, 967, 968 Sec. 1 . In General; Control Over the Congressional Record The present system of reporting the proceedings of the House for the Congressional Record is the result of gradual evolution. The first debates, beginning in 1789, were published in condensed form in the Annals of Congress. The Congressional Globe began in 1833 and continued until 1873, when the Record began. 5 Hinds Sec. 6959. The Congressional Record is governed by statutory provisions and rules as to its format and content. 44 USC Sec. Sec. 901-910. Control over the arrangement and style of the Record, including maps, diagrams, and illustrations, is vested in the Joint Committee on Printing. 44 USC Sec. Sec. 901, 904. Neither the Speaker nor the House may order changes in the type size or printing style without the approval of the Joint Committee on Printing. Deschler Ch 5 Sec. Sec. 15.1, 15.2. The proceedings of the House and the proceedings of the Senate are published in separate portions of the Congressional Record, and each House separately controls the content of its portion of the Record. 8 Cannon Sec. 2503. The statement of a Senator that would normally appear in the Senate portion of the Record may not be inserted in that portion of the Record dealing with the proceedings of the House. 87-2, Jan. 16, 1962, p 291. Both the Joint Committee on Printing and the House have adopted supplemental rules governing publication in the Congressional Record. For the text of these rules, see Manual Sec. 686. Under rule X clause 1(i), the Committee on House Administration has jurisdiction of matters relating to printing and correction of the Record. [[Page 368]] A Member is not entitled to inspect the reporter's notes of remarks of others not reflecting on himself nor may he demand that they be read. 5 Hinds Sec. Sec. 6964, 6967; 8 Cannon Sec. 3460. Sec. 2 . Matters Printed in the Congressional Record Generally The content of the House portion of the Congressional Record is governed by statutory law, the House rules, and the customs and practices of the House. In addition, the House often agrees by unanimous consent to permit certain matter to be inserted in the Record which would not ordinarily be included. Deschler Ch 5 Sec. 16. Rule XVII clause 8 and section 901 of title 44 of the United States Code require the Congressional Record to be a substantially verbatim account of the proceedings of the House. Manual Sec. 967. Clause 8 applies to statements and rulings of the Chair as well as to debate. Manual Sec. 968. Because of this requirement, the Speaker will not entertain a unanimous-consent request to give a special-order speech ``off the Record.'' Manual Sec. 687. Additional matters required by statute or House rules to be printed in the Congressional Record include:
The oath of office subscribed to by a Member. 2 USC Sec. 25. Referrals to committee under rule XII clause 7. Manual Sec. 825. The filing of committee reports. Manual Sec. 831. Reports submitted to Congress pursuant to a statute requiring publication in the Record. See, e.g., 2 USC Sec. 1383. Amendments to be protected for debate time under the five- minute rule. Manual Sec. 987. Conference reports and accompanying statements. Manual Sec. 1082. Messages received from the Senate and President giving notice of bills passed or approved under rule XII clause 1. Manual Sec. Sec. 815, 875. Motions to discharge. Manual Sec. 892. Timely changes in votes. Deschler Ch 5 Sec. 16.14. The addition or deletion of the name of a cosponsor. Manual Sec. 825. Measures introduced ``by request.'' Manual Sec. 826. The Congressional Record is for the proceedings of the House and Senate only, and unrelated matters are rigidly excluded. 5 Hinds Sec. 6962. It is not, however, the official record of business, that function being fulfilled by the Journal. See Journal. As a general principle, the Speaker has no control over the Congressional Record. 5 Hinds Sec. Sec. 6983, 7017. The House, and not the Speaker, determines the extent to which a Member may be allowed to extend his remarks (5 Hinds Sec. Sec. 6997-7000; 8 Cannon Sec. 3475), whether or not a copy [[Page 369]] righted article shall be printed therein (5 Hinds Sec. 6985), or whether there has been an abuse of the leave to print (5 Hinds Sec. 7012; 8 Cannon Sec. 3474). The House frequently agrees by unanimous consent to permit insertions of matters of general interest in the Congressional Record at the request of Members. Matters that have been inserted in the Record under this procedure include: Information relative to the installation of voting equipment in the Chamber. 91-2, Nov. 25, 1970, p 39085. Records from litigation involving the House. 90-1, Apr. 10, 1967, pp 8729-62. The transcript of proceedings of the House in a secret session. 96-1, July 17, 1979, p 19049. Summaries of the work of Congress or its committees at adjournment. Deschler Ch 5 Sec. 16. Extraneous and tabular matter as the Majority and Minority Leaders consider necessary to establish legislative history concerning the codification of the standing rules. 106-1, Jan. 6, 1999, p ____. Printing Bills in the Congressional Record Measures considered in the House are printed in the Congressional Record as introduced at the beginning of consideration. If an amended version of the measure is made in order under the special order providing for its consideration, that amended version is printed immediately following the introduced version, unless further amendments are made in order. In that case, the amended version is printed after debate. Measures considered in the Committee of the Whole are printed in the Congressional Record following general debate. The only version of the measure printed is the one made in order as original text for the purpose of amendment by the special order providing for its consideration. The measure is printed as read by the Clerk. For example, if under a special order the measure is considered as read, it is printed in its entirety after general debate. If the measure is read by title, each title is printed at the point the Clerk either reads or designates it. No other version of the measure is printed in the Record. Where the House considers a Senate measure following passage of a similar House bill and amends it with the House-passed text, both the Senate and the House version of the measure are printed in full at that point in the Congressional Record, unless the Senate-passed version has been previously printed Senate proceedings. [[Page 370]] Sec. 3 . Corrections; Deletions Under rule XVII clause 8, the substantially verbatim account of remarks made during debate and published in the Congressional Record is subject only to technical, grammatical, and typographical corrections authorized by the Member making the remarks involved. Unparliamentary remarks may be deleted only by permission or order of the House. Under rule XVII clause 8(c), this requirement is a standard of official conduct that may be investigated by the Committee on Standards of Official Conduct. Manual Sec. 967. The remarks of a Member, if in order, cannot be stricken from the Congressional Record by the House. 5 Hinds Sec. 6974; 8 Cannon Sec. 3498. However, remarks that are out of order may be excluded from the Record by House order. Deschler Ch 5 Sec. 19.8. Remarks by an interrupting Member who has not been recognized do not appear in the Record. Manual Sec. Sec. 687, 946. The Committee of the Whole may not authorize deletions from the Congressional Record. 5 Hinds Sec. 6986; Deschler Ch 5 Sec. 17.22. Substantive insertions submitted under leave to ``revise and extend'' are printed in distinctive type. A speech that has been substantively revised is printed as delivered and then separately printed as revised in distinctive type. Manual Sec. 686. Sec. 4 . Printing Errors Generally The House may correct errors in the printing of the Congressional Record in order to ensure that the proceedings of the House are accurately recorded. 5 Hinds Sec. 6972. The authority to correct such errors is vested in the House, not the Speaker. 5 Hinds Sec. 7019; Deschler Ch 5 Sec. 18. The correction of an error in the Congressional Record may present a question of the privileges of the House where the integrity of House proceedings is in question. Manual Sec. Sec. 690, 704; Deschler Ch 5 Sec. Sec. 18.1, 18.2. However, this question may not be raised until the daily edition of the Record has appeared (Deschler Ch 5 Sec. 18), and no corrections may be submitted after the permanent edition of the particular volume is published (Deschler Ch 5 Sec. 18.12). Errors that may be corrected under this procedure are errors in the transcript or printing of the proceedings, not errors of fact made by a Member during debate. The House may not change the Congressional Record merely to show what should have been said on the floor. 5 Hinds Sec. 6974; 8 Cannon Sec. 3498; Deschler Ch 5 Sec. 18. A mere typographical error or proper revision [[Page 371]] of a Member's remarks does not give rise to a question of privilege. Manual Sec. 690. By Motion or Resolution A motion or resolution to correct the Congressional Record, if constituting a question of privilege, is in order after the approval of the Journal. Manual Sec. 690; Deschler Ch 5 Sec. 18.6. A motion or resolution to correct the Record also is in order after a unanimous- consent request to that effect has been objected to. Deschler Ch 5 Sec. 18.9. Such motion or resolution is debatable under the hour rule and is subject to a motion to refer to the Committee on Rules. Deschler Ch 5 Sec. Sec. 18.7-18.10. Sec. 5 . Extensions of Remarks; Insertions Generally In 1968 the Appendix of the Congressional Record was replaced by a new heading, ``Extensions of Remarks,'' for the inclusion of material in the Record that is extraneous to the proceedings on the floor. A Member may be permitted to extend his remarks in this part of the Record so as to insert (1) a speech that was not actually delivered on the floor and (2) extraneous materials related to the subject under discussion, provided the consent of the House is obtained. 5 Hinds Sec. Sec. 6990-6993; Deschler Ch 5 Sec. 20. This has been a long- standing practice, dating from as early as 1852, when it was the custom to print undelivered speeches in the Appendix to the Record. 5 Hinds Sec. 6993. Under the modern practice, such insertions are permitted by unanimous consent and not by privileged motion. Deschler Ch 5 Sec. 20.11. Permission to include extraneous materials may be granted only by the House. To eliminate the need for daily requests, the House has recently adopted the practice of granting all Members permission to revise and extend their remarks in the ``Extensions of Remarks'' portion of the Congressional Record and include extraneous material (within two Record) at the beginning of each Congress. See, e.g., 106- 1, Jan. 6, 1999, p ____. The Chairman of the Committee of the Whole may recognize a Member to extend his own remarks, but the Committee of the Whole lacks the power to permit the inclusion of extraneous materials. Deschler Ch 5 Sec. 20.12. Permission to extend in the body of the Congressional Record must be sought by the Member whose remarks are to be inserted, although general permission to extend is sometimes given to all Members. Deschler Ch 5 Sec. 20. The revised material inserted under permission to extend remarks must be clearly distinguishable, by different typeface, from the substantially ver [[Page 372]] batim account of proceedings. The Speaker has instructed the Official Reporters of Debates to adhere strictly to this requirement. Manual Sec. 687. Timeliness Permission to extend must be sought at the proper time. Requests to insert made prior to the reading and approval of the Journal will not be entertained. Deschler Ch 5 Sec. 20.4. The Speaker may decline to entertain a request to extend remarks pending a motion to discharge a committee or during the pendency of a motion to suspend the rules. Deschler Ch 5 Sec. Sec. 20.7, 20.8. Strict Construction Authorizations to extend remarks in the Congressional Record are strictly construed. Deschler Ch 5 Sec. 20. A Member who has received permission to extend his remarks may not without consent include in such remarks extraneous matter, such as an article or speech by another person. 8 Cannon Sec. 3479; Deschler Ch 5 Sec. 20.23. Similarly, a Member who has obtained the consent of the House to extend remarks only on a specific bill must confine his insertions to the subject matter of the bill and may not include extraneous materials such as letters, editorials, or articles. Deschler Ch 5 Sec. 20.24. The Chair will decline to entertain a request that a Member be permitted to revise and extend his remarks on a point of order or to insert, immediately following a record vote on an amendment, the results of a previous record vote on the same subject. Manual Sec. 628; 96-2, Jan. 30, 1980, p 1319. Limitations on Insertions Under leave to extend, a Member may not insert matter that: Would be out of order if stated on the House floor. 5 Hinds Sec. 7003; Deschler Ch 5 Sec. 20. Fails to comply with statute or the rules of the Joint Committee on Printing as to format (44 USC Sec. 904), cost- estimate requirements for extraneous matter exceeding two Congressional Record pages (Manual Sec. 692), or subject matter (92-2, May 10, 1972, pp 16661, 16748-16836). Fails to conform to the descriptions implicit in the request to which the House consented. 5 Hinds Sec. 7001; 8 Cannon Sec. 3479; Deschler Ch 5 Sec. Sec. 20.25, 20.26. Fails to include the Member's signature. Manual Sec. 686. Alters the nature of colloquies as delivered on the floor or changes the meaning of what another Member said. Deschler Ch 5 Sec. Sec. 19.3, 19.17, 20.3. Inserts an entire colloquy between two or more Members that was not actually delivered. Manual Sec. 692. [[Page 373]] Includes newspaper articles or other extraneous matter without having obtained authority to do so. Manual Sec. 692; 8 Cannon Sec. Sec. 3480-3483. Abuse of Leave to Print Abuse of the leave to print gives rise to a question of privilege. 5 Hinds Sec. Sec. 7008, 7011; 8 Cannon Sec. Sec. 3491, 3495. A resolution to investigate the propriety of remarks as constituting such abuse, or for the appointment of a committee to consider the propriety of remarks inserted under leave to print, is privileged but is not in order until the Congressional Record appears. 5 Hinds Sec. Sec. 7020, 7021; 8 Cannon Sec. Sec. 3493, 3495. An inquiry by the House as to alleged abuse of leave to print does not necessarily entitle the Member implicated to recognition on a question of personal privilege. 5 Hinds Sec. 7012. However, when a committee is appointed to investigate the propriety of a Member's remarks in the Record, the Member is afforded an opportunity to be heard. 8 Cannon Sec. 3491. Expungement The extension of remarks in the Congressional Record by a Member without the permission of the House constitutes grounds for a question of the privilege of the House, and the House may expunge such remarks from the Record. Deschler Ch 5 Sec. 20.2. A resolution to expunge remarks alleged to be an abuse of leave to print is privileged and entitles its proponent to recognition to debate it. 8 Cannon Sec. Sec. 3475, 3479, 3491. The House may exclude in whole or in part an insertion by a Member under leave to print in the Congressional Record that would not have been in order if uttered on the floor. Manual Sec. 692. Form Member: Mr. Speaker, I ask unanimous consent to extend my remarks on the bill just passed, H.R. __________, by inserting an article pertaining thereto. Majority Leader: Mr. Speaker, I ask unanimous consent that all Members speaking on the bill have five legislative days in which to extend remarks in the Congressional Record, to be confined to the bill. Majority Leader: Mr. Speaker, I ask unanimous consent that for the __________ Congress all Members be permitted to extend their remarks and to include extraneous material within the permitted limit in that section of the Congressional Record entitled ``Extensions of Remarks.''