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

HOUSE

                                           PRACTICE



                                           JOHNSON

                                           SULLIVAN

                                            WICKHAM


                          [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                                              2017

                                         U.S. House of

                                        Representatives
                                        
                                        
                                        
                                        


                                            HOUSE PRACTICE

                                        A Guide to the Rules,

                                     Precedents, and Procedures

                                            of the House
                                            

                                        Charles W. Johnson

                                          John V. Sullivan

                                        Thomas J. Wickham, Jr.

                                [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                  115th Congress, 1st Session




                                                       HOUSE

                                                       PRACTICE

                                                    A Guide to the Rules,

                                                       Precedents, and

                                                    Procedures of the House
                                                    
                                                    

                                                   Charles W. Johnson

                                              Parliamentarian of the House

                                                       1994-2004

                                                    John V. Sullivan

                                               Parliamentarian of the House

                                                        2004-2012

                                                  Thomas J. Wickham, Jr.

                                               Parliamentarian of the House

                                                          2012-

                                       [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                            www.gpo.gov/housepractice

                                        U.S. GOVERNMENT PUBLISHING OFFICE

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                                                ISBN 0-16-053786-X



                                  PREFACE

                              HOUSE PRACTICE

      The Parliamentarian of the House of Representatives is appointed 
  by the Speaker without regard to political affiliation. The Office of 
  the Parliamentarian and its subsidiary Office of Compilation of 
  Precedents comprise attorneys, clerks, and editors who render 
  nonpartisan assistance to the House on legislative and parliamentary 
  procedure. The Office is also charged with publishing the 
  parliamentary precedents of the House.
      The parliamentary law of the House of Representatives emanates 
  from the Constitution and from rules adopted pursuant to section 5 in 
  article I of the Constitution. These rules include not only the 
  standing rules adopted from Congress to Congress but also Jefferson's 
  Manual, as customarily incorporated by reference in the standing 
  rules. They also include rules enacted as law and special rules 
  adopted from time to time.
      The overarching role of the Office of the Parliamentarian is to 
  strive for consistency in parliamentary analysis by attempting to 
  apply pertinent precedent to each procedural question. In resolving 
  questions of order, the Speaker and other presiding officers of the 
  House adhere to the jurisprudential principle of stare decisis - a 
  commitment to stand by earlier decisions. This fidelity to precedent 
  promotes analytic consistency and procedural predictability and 
  thereby fosters legitimacy in parliamentary practice.
      The compilation of the parliamentary precedents of the House is as 
  important as any other function of the Office of the Parliamentarian. 
  For each procedural decision made on the floor of the House, the 
  Parliamentarian extracts the proceedings from the daily Congressional 
  Record and writes a parliamentary syllabus. These ``headnotes'' must 
  be precise, stating the real substance of the decision and its legal 
  rationale in suitably narrow terms. To ensure a current digest of 
  these matters, the Parliamentarian biennially publishes a House Rules 
  and Manual. For the longer term, the Parliamentarian compiles the most 
  salient precedents for formal, scholarly publication. These precedents 
  presently fill 29 volumes comprising thousands of decisions over the 
  227 years of parliamentary practice in the House. They are published 
  as Hinds' Precedents (1907); Cannon's Precedents (1936); and the 
  precedents of the House authored by current and former 
  Parliamentarians.
      To bridge the span between a digest of decisions and formally 
  published precedents, the Parliamentarian also publishes this work as 
  a condensed compilation of procedures of current application. The 
  scope of this volume is thus limited. It is a summary review of 
  selected precedents and not an exhaustive survey of all applicable 
  rulings. The House Rules and Manual and the published volumes of 
  precedents remain the primary sources for more comprehensive analysis 
  and authoritative citation.
      An earlier, condensed work of this kind is Cannon's Procedure in 
  the House of Representatives. That summary by Clarence Cannon was 
  first published in 1949 and last published in 1959. A later summary, 
  entitled Deschler's Procedure in the U.S. House of Representatives, 
  was prepared by Lewis Deschler in 1974 and was revised and updated in 
  1978, 1979, 1982, 1985, and 1987.
      This fourth edition of House Practice reflects the efforts of all 
  of the members of the Office of the Parliamentarian - Ethan Lauer, Jay 
  Smith, Anne Gooch, Kyle Jones, Julia Cook, Brian Cooper, Lloyd 
  Jenkins, Kristen Donahue - and of its Office of Compilation of 
  Precedents - Andrew Neal, Max Spitzer, Catherine Moran, and Bryan 
  Feldblum - as well as former Parliamentarian Charles W. Johnson, III. 
  Their diligence in annotating the decisions of the Chair and other 
  parliamentary precedents reflected in this edition and their devotion 
  to the pursuit of excellence in the procedural practices of the House 
  are gratefully acknowledged. Special recognition goes to Max Spitzer 
  for his dedication and skilled management of the project.
      References to frequently cited works are to the House Rules and 
  Manual for the 115th Congress, by section (e.g., Manual Sec. 364); to 
  the volume and section of Hinds' or Cannon's Precedents (e.g., 6 
  Cannon Sec. 570); to the chapter and section of Deschler's, Deschler-
  Brown, Deschler-Brown-Johnson, or Deschler-Brown-Johnson-Sullivan 
  (e.g., Deschler Ch 5 Sec. 2); to the Congressional Record, by 
  Congress, session, date and page (e.g., 108-2, May 20, 2004, pp 10618-
  29); and to the United States Code, by title and section (e.g., 2 USC 
  Sec. 287).

  Thomas J. Wickham, Jr.
  March 1, 2017
  Parliamentarian
  2012-
                              CHAPTER OUTLINE

                              HOUSE PRACTICE

  Chapter 1. Adjournment (p. 1)
  Chapter 2. Amendments (p. 15)
  Chapter 3. Appeals (p. 65)
  Chapter 4. Appropriations (p. 71)
  Chapter 5. Assembly of Congress (p. 155)
  Chapter 6. Bills and Resolutions (p. 165)
  Chapter 7. Budget Process (p. 187)
  Chapter 8. Calendar Wednesday (p. 221)
  Chapter 9. Calendars (p. 229)
  Chapter10. Chamber, Rooms, and Galleries (p. 233)
  Chapter11. Committees (p. 239)
  Chapter12. Committees of the Whole (p. 305)
  Chapter13. Conferences Between the Houses (p. 339)
  Chapter14. Congressional Procedures Enacted in Law (p. 375)
  Chapter15. Congressional Record (p. 379)
  Chapter16. Consideration and Debate (p. 387)
  Chapter17. Contempt (p. 457)
  Chapter18. Delegates and Resident Commissioner (p. 463)
  Chapter19. Discharging Measures From Committees (p. 465)
  Chapter20. District of Columbia Business (p. 475)
  Chapter21. Division of the Question for Voting (p. 481)
  Chapter22. Election Contests and Disputes (p. 491)
  Chapter23. Election of Members (p. 497)
  Chapter24. Electoral Counts; Selection of President and Vice President 
  (p. 503)
  Chapter25. Ethics; Committee on Ethics (p. 509)
  Chapter26. Germaneness of Amendments (p. 543)
  Chapter27. Impeachment (p. 603)
  Chapter28. Journal (p. 621)
  Chapter29. Lay on the Table (p. 629)
  Chapter30. Messages Between the Houses (p. 637)
  Chapter31. Morning Hour; Call of Committees (p. 641)
  Chapter32. Motions (p. 645)
  Chapter33. Oaths (p. 649)
  Chapter34. Office of Speaker (p. 655)
  Chapter35. Officers and Offices (p. 663)
  Chapter36. Order of Business; Privileged Business (p. 671)
  Chapter37. Points of Order; Parliamentary Inquiries (p. 679)
  Chapter38. Postponement (p. 695)
  Chapter39. Previous Question (p. 701)
  Chapter40. Private Calendar (p. 717)
  Chapter41. Question of Consideration (p. 723)
  Chapter42. Questions of Privilege (p. 729)
  Chapter43. Quorums (p. 755)
  Chapter44. Reading, Passage, and Enactment (p. 777)
  Chapter45. Recess (p. 791)
  Chapter46. Recognition (p. 797)
  Chapter47. Reconsideration (p. 815)
  Chapter48. Refer and Recommit (p. 829)
  Chapter49. Resolutions of Inquiry (p. 845)
  Chapter50. Rules and Precedents of the House (p. 851)
  Chapter51. Senate Bills; Amendments Between the Houses (p. 857)
  Chapter52. Special Orders of Business (p. 885)
  Chapter53. Suspension of Rules (p. 897)
  Chapter54. Unanimous-Consent Agreements (p. 907)
  Chapter55. Unfinished Business (p. 919)
  Chapter56. Unfunded Mandates (p. 925)
  Chapter57. Veto Procedure (p. 929)
  Chapter58. Voting (p. 937)
  Chapter59. Withdrawal (p. 965)
  Index (p. 971)


                                 CHAPTER 1
                                ADJOURNMENT

                              HOUSE PRACTICE

              A. Generally; Adjournments of Three Days or Less

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

              B. Adjournments of More Than Three Days

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

              C. Adjournment Sine Die

  Sec. 13. In General; Resolutions
  Sec. 14. Procedure at Adjournment; Motions
        Research References
          U.S. Const. art. I, Sec. 5
          5 Hinds Sec. Sec. 5359-5388
          8 Cannon Sec. Sec. 2641-2648
          Deschler-Brown-Johnson Ch 40
          Manual Sec. Sec. 82-84, 911-913

             A. Generally; Adjournments of Three Days or Less


  Sec. 1 . In General

                           Types of Adjournments

      Adjournment procedures in the House are governed by the House 
  rules and by the Constitution. There are: (1) adjournments of three 
  days or less, which are taken pursuant to motion (or by unanimous 
  consent when only the Chair is present in the chamber) (Sec. 5, 
  infra); (2) adjournments of more than three days, which require the 
  consent of the Senate (Sec. 10, infra); and (3) adjournments sine die, 
  which end each session of a Congress and which require the consent of 
  the Senate (except where a session expires at the end of its 
  constitutional term). Adjournments of more than three days or sine die 
  are taken pursuant to concurrent resolutions (or, in the case of the 
  latter, by the arrival of the constitutional end of a session). 
  Sec. Sec. 10, 13, infra.

                         Adjournment Versus Recess

      Adjournment is to be distinguished from recess. The House may 
  authorize a recess under a motion provided in clause 4 of rule XVI. 
  The Speaker also may declare a recess when no other business is 
  pending (clause 12(a) of rule I) or when notified of an imminent 
  threat to the safety of the House (clause 12(b) of rule I). During a 
  period of recess, the House remains in the current legislative day. 
  The mace remains in place on its pedestal, reports may be filed with 
  the Clerk, and measures may be introduced through the hopper. See 
  Recess.

                      Alternative Convening Authority

      During any recess or adjournment of not more than three days, if 
  the Speaker is notified by the Sergeant-at-Arms of an imminent 
  impairment of the place of reconvening, then the Speaker may, in 
  consultation with the Minority Leader, postpone the time for 
  reconvening within the three-day limit prescribed by the Constitution. 
  In the alternative, the Speaker, under the same conditions, may 
  reconvene the House before the time previously appointed solely to 
  declare the House in recess within that three-day limit. Clause 12(c) 
  of rule I; Sec. 10, infra. In the 114th Congress, the Speaker was 
  authorized (by separate order) to dispense with morning-hour debate if 
  such reconvening authorities were exercised. Manual Sec. 951.
      In the 114th Congress, clause 12(e) was added to rule I, 
  authorizing the Speaker, during any recess or adjournment of not more 
  than three days, to reconvene the House at a time other than that 
  previously appointed (within the constitutional limits), if in the 
  opinion of the Speaker the public interest so warrants. In such cases, 
  the Speaker is required to consult with the Minority Leader, and, 
  pursuant to clause 12(f) of rule I, may name a designee to exercise 
  this authority.


  Sec. 2 . Adjournment Motions and Requests; Forms

                                  Motions

      The motion to adjourn authorized by clause 4(a) of rule XVI is in 
  order in simple form only. 5 Hinds Sec. Sec. 5371, 5372. The form is 
  as follows:

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

      Note: The motion must be in writing if demanded. Clause 1 of rule 
  XVI.

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

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

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

                        Unanimous-Consent Requests

      A change in the next regularly scheduled meeting can be 
  accomplished by unanimous consent:

      Member: M_. Speaker, I ask unanimous consent that when the House 
    adjourns today, it adjourn to meet at __ on __, __ (any time on a 
    day within three calendar days not including Sundays).

      For adjournments of more than three days, see Sec. Sec. 10-12, 
  infra.

             Legislative Days and Calendar Days Distinguished

      The duration of a legislative day does not conform to the 24 hours 
  of a calendar day, and a legislative day may extend beyond the arrival 
  of the time for a regularly scheduled meeting of the House. The 
  legislative day continues until terminated by an adjournment, 
  irrespective of the passage of calendar days. 5 Hinds Sec. Sec. 6738, 
  6739. The House has convened and adjourned twice on the same calendar 
  day pursuant to a motion to fix the day to which the House shall 
  adjourn, thereby meeting for two legislative days on the same calendar 
  day. Manual Sec. 913. However, a legislative day cannot extend into a 
  new Congress or a new session. 96-1, Jan. 3, 1980, p 37774.


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

      The motion to adjourn is a motion of highest privilege and is in 
  order whenever the floor can be secured. See Manual Sec. 912; 5 Hinds 
  Sec. Sec. 5359, 5360. Other motions may not intervene between the 
  motion to adjourn and the vote thereon. 5 Hinds Sec. 5361. The motion 
  to adjourn is specifically given precedence over all other secondary 
  motions permitted by clause 4 of rule XVI, including the motions to 
  lay on the table, for the previous question, to amend, to refer, or to 
  postpone. Manual Sec. 911. The motion to adjourn takes precedence over 
  all other motions because, as Jefferson noted, the House might 
  otherwise be kept sitting against its will and indefinitely. Manual 
  Sec. 439. The mere announcement of an intention to offer a motion to 
  adjourn does not, however, make such motion pending, and the Chair is 
  not precluded from declaring a recess pursuant to clause 12(a) of rule 
  I. Manual Sec. 912.
      The motion to fix the day and time to which the House shall 
  adjourn is of equal privilege to the simple motion to adjourn but is 
  entertained only at the Speaker's discretion. Manual Sec. Sec. 911, 
  912. The motion to fix the day, if made first, need not give way to 
  the simple motion. 5 Hinds Sec. 5381.
      The motion to adjourn may not interrupt a vote being taken in the 
  House. 5 Hinds Sec. 5360. However, the motion to adjourn is in order:

     Between the putting of the question on a proposition and the 
         ensuing vote. Manual Sec. 439.
     Between the different methods of voting, as between a vote by 
         division and a vote by yeas and nays. Manual Sec. 439.
     After a recorded vote is ordered and before the vote begins. 5 
         Hinds Sec. 5366.
     After a vote has been objected to for lack of a quorum. Manual 
         Sec. 913.

      The motion to adjourn permitted by clause 4 of rule XVI applies 
  both when a question is ``under debate,'' and when other business is 
  before the House as well. Manual Sec. Sec. 911, 912. The motion is in 
  order and takes precedence over the motions delineated in clause 4(a) 
  of rule XVI and:

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

                             When Not in Order

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

     When another Member holds the floor in debate. Manual 
         Sec. 912; 5 Hinds Sec. 5360.
     During time yielded for a parliamentary inquiry. Deschler-
         Brown-Johnson Ch 40 Sec. 3.18.
     When the House is voting, such as by the yeas and nays or 
         other recorded vote. 5 Hinds Sec. 6053.
     Pending a vote pursuant to a special order of business 
         providing for such vote ``without intervening motion.'' 4 Hinds 
         Sec. Sec. 3211, 3212.
     During the presentation of a conference report. 5 Hinds 
         Sec. 6452.
     Pending or during the administration of the oath to a Member. 
         1 Hinds Sec. 622.

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

     Pending consideration of a report from the Committee on Rules. 
         Clause 6(b) of rule XIII; 8 Cannon Sec. 2260.
     Pending consideration of a motion to suspend the rules. Clause 
         1(b) of rule XV.
     Pending consideration of a motion to discharge. Clause 2(d)(1) 
         of rule XV.


  Sec. 4 . In Committee of the Whole

      The motion is not in order in the Committee of the Whole. 4 Hinds 
  Sec. 4716. The motion to adjourn is not in order after the House has 
  voted to resolve into the Committee of the Whole. 4 Hinds Sec. 4728; 5 
  Hinds Sec. 5367. It also is not entertained when the Committee of the 
  Whole rises to report proceedings incident to securing a quorum (8 
  Cannon Sec. 2436) or when it rises ``informally'' to receive a 
  message. However, the motion to adjourn is permitted when the House is 
  meeting as in the Committee of the Whole. 4 Hinds Sec. 4923.


  Sec. 5 . Who May Offer Motion; Recognition

      The motion to adjourn may be made by any Member, Delegate, or the 
  Resident Commissioner. 91-1, Oct. 14, 1969, pp 30054-56. The Chair may 
  declare the House adjourned by unanimous consent when no Member is 
  available to offer the motion. Deschler-Brown-Johnson Ch 40 Sec. 3.28; 
  112-2, Aug. 7, 2012, p__.


  Sec. 6 . Debate on Motion; Amendments

      Debate on the simple motion to adjourn is precluded by clause 4(b) 
  of rule XVI. Manual Sec. 911; 5 Hinds Sec. 5359. Clause 4(c) precludes 
  debate on the motion to fix the day to which the House shall adjourn. 
  Manual Sec. 911; 5 Hinds Sec. Sec. 5379, 5380. The stricture against 
  debate on a motion to adjourn includes a prefatory statement leading 
  up to the motion. Such statement, if made, is not carried in the 
  Congressional Record. 107-2, Feb. 13, 2002, p 1419.
      Unless the House has yet to adopt its customary standing order 
  that fixes the daily hour of meeting for each day of the week, the 
  simple motion to adjourn is not subject to amendment. Manual Sec. 585. 
  Thus, the motion may not be amended by language alluding to the 
  purpose of the adjournment. Manual Sec. 912. The motion also may not 
  be amended by language specifying the day (5 Hinds Sec. 5360) or hour 
  (5 Hinds Sec. 5364) to which adjournment is to be taken. Manual 
  Sec. 912. Similarly, the separate motion under clause 4(c) of rule XVI 
  that when the House adjourns it stand adjourned to a day and time 
  certain also is not subject to amendment. An older precedent (5 Hinds 
  Sec. 5754) indicating otherwise predates the 1973 change in clause 
  4(c) of rule XVI, which enabled the motion at the Speaker's 
  discretion. See Manual Sec. 911.


  Sec. 7 . Voting

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


  Sec. 8 . Quorum Requirements

      A quorum is required for a motion to fix the time of adjournment 
  to a day and time certain. Manual Sec. 913.
      The simple motion to adjourn may be agreed to notwithstanding the 
  absence of a quorum. See Manual Sec. Sec. 52, 1025. Indeed, no motion 
  is in order in the absence of a quorum except to adjourn or for a call 
  of the House. 4 Hinds Sec. Sec. 2950, 2951, 2988; 6 Cannon 
  Sec. Sec. 680, 682. The motion to adjourn is in order on failure of a 
  quorum, even where the House is operating under a special order of 
  business requiring the consideration of the pending business. 5 Hinds 
  Sec. 5365.
      The motion to adjourn takes precedence over a motion for a call of 
  the House. Sec. 3, supra. In one instance, following a point of order 
  that a quorum was not present, and before the Chair so ascertained, a 
  Member moved a call of the House while another Member immediately 
  moved to adjourn. The Chair recognized for the more privileged motion. 
  88-1, June 12, 1963, p 10739.
      It is not in order to demand an ``automatic'' roll call under 
  clause 6 of rule XX on an affirmative vote on a simple motion to 
  adjourn because that motion may be agreed to by less than a quorum. 
  Manual Sec. 1025. However, a vote by the yeas and nays in such a case 
  would be in order, if demanded by one-fifth of those present, no 
  quorum being required. Manual Sec. Sec. 75, 76. Where a nonrecord vote 
  on an adjournment is decided in the negative, and a point of order 
  that a quorum is not present is sustained, an ``automatic'' roll call 
  on the motion then occurs under clause 6 of rule XX. 100-1, Nov. 2, 
  1987, pp 30386-90; Deschler-Brown-Johnson Ch 40 Sec. 3.8.

      Member: I move that the House do now adjourn.
      Speaker: On this vote (by division, or by voice) the noes have it.
      Member: I make a point of order that a quorum is not present and 
    (pursuant to clause 6 of rule XX) I object to the vote on the ground 
    that a quorum is not present.
      Speaker: A quorum is not present, and the yeas and nays are 
    ordered. Members will record their votes by electronic device.

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


  Sec. 9 . Dilatory Motions; Repetition of Motion

      Clause 1 of rule XVI, which precludes the Speaker from 
  entertaining dilatory motions, is applicable to motions to adjourn. 
  Manual Sec. 903. Although of the highest privilege, the motion to 
  adjourn is not in order when offered for purposes of delay or 
  obstruction. 5 Hinds Sec. Sec. 5721, 5731; 8 Cannon Sec. Sec. 2796, 
  2813. On one occasion, a point of order was sustained against the 
  motion where a House rule gave the Speaker the discretion to recognize 
  for a motion to adjourn. 8 Cannon Sec. 2822.
      The motion to adjourn, once disposed of, may ordinarily be 
  repeated, but not until after intervening business, such as debate, a 
  decision of the Chair on a question of order, or the ordering of the 
  yeas and nays. Manual Sec. 912; 5 Hinds Sec. Sec. 5373, 5374, 5376-
  5378; 8 Cannon Sec. 2814.
      In some cases the rules specifically provide that only one motion 
  to adjourn is to be permitted. This restriction applies during the 
  consideration of certain reports from the Committee on Rules and 
  during the consideration of motions to suspend the rules. Manual 
  Sec. Sec. 858, 890; Sec. 3, supra. In such cases the motion to 
  adjourn--once having been rejected--may not again be entertained until 
  the pending matter has been disposed of. 5 Hinds Sec. Sec. 5740, 5741.


                  B. Adjournments of More Than Three Days


  Sec. 10 . In General; Resolutions

                            House-Senate Action

      Under article I, section 5, clause 4 of the Constitution, neither 
  House can adjourn (or recess) for more than three days without the 
  consent of the other. The consent of both Houses is required even when 
  the adjournment is sought by only one House. Manual Sec. 84. In 
  calculating the three days, either the day of adjourning or the day of 
  meeting (excluding Sundays) must be taken into the count. Manual 
  Sec. 83; 5 Hinds Sec. 6673. Thus, the House can adjourn by motion from 
  Thursday to Monday, or from Friday to Tuesday, because Sunday is a 
  dies non. However, it cannot, for example, adjourn from Monday to 
  Friday without the Senate's assent. Consistent with this requirement, 
  the House has authorized the Speaker to declare the House in recesses 
  subject to calls of the Chair during discrete periods, each not more 
  than three days. Manual Sec. 83.
      Adjournments for more than three days are provided for by 
  concurrent resolution. The resolution may provide for the adjournment 
  of one House or of both Houses. Manual Sec. 84. Senate concurrent 
  resolutions for adjournment are laid before the House by the Speaker 
  as privileged. 101-1, Mar. 16, 1989, p 4480. Whether originating in 
  the House or Senate, such concurrent resolutions are not debatable and 
  require a quorum for adoption. Manual Sec. 84.
      The concurrent resolution is generally offered by the Majority 
  Leader or a designee:

      Member: M_. Speaker, I send to the desk a privileged concurrent 
    resolution and ask for its immediate consideration.

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

                 Conditional Adjournments; Recall Provisos

      An adjournment resolution may include various conditions or 
  provisos, such as that the Senate shall adjourn pursuant to the 
  resolution after it has disposed of a certain bill, or that the House 
  stand adjourned pursuant to the resolution following receipt of a 
  particular Senate message. Manual Sec. 84; 95-2, June 29, 1978, p 
  19466; 111-2, Dec. 16, 2009, p 32039.
      A concurrent resolution adjourning both Houses for more than three 
  days, or sine die, normally includes authority for the Speaker and the 
  Majority Leader of the Senate, acting jointly, to reassemble the 
  Members whenever the public interest shall warrant it. Manual Sec. 84. 
  Recently, such recall authority has allowed the respective designees 
  of the Majority Leader and the Speaker to so reassemble, and has 
  further allowed separate recall of one House only. 114-1, Dec. 26, 
  2013, p__. It has also allowed reassembly at such place as may be 
  designated. Deschler-Brown-Johnson Ch 40 Sec. 2.2. In the 108th 
  Congress, the two Houses granted anticipatory consent to assemble the 
  108th Congress at a place outside the District of Columbia whenever 
  the public interest shall warrant it. 108-1, H. Con. Res. 1, Jan. 7, 
  2003, p 21; see also Manual Sec. 82a. A concurrent resolution also may 
  provide for the sine die adjournment of one House following a single 
  House recall. Manual Sec. 84. Concurrent resolutions of adjournment 
  may provide for the adjournment of one House only, in which case any 
  recall provisions contained therein apply only to the adjourning 
  House. See, e.g., 111-2, H. Con. Res. 308, July 29, 2010, p 14604.
      Beginning in the 114th Congress, clause 12 of rule I was amended 
  to authorize the Speaker or a designee, during any recess or 
  adjournment of not more than three days, to reconvene the House at a 
  time other than that previously appointed, within the limits of clause 
  4, section 5, article I of the Constitution, based on a determination 
  that the public interest so warrants. Manual Sec. 911. The Speaker has 
  also been authorized (by separate order) to dispense with morning-hour 
  debate if reconvening authorities under clause 12(c) or clause 12(e) 
  were exercised. Manual Sec. 951.

                            Amendments; Voting

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


  Sec. 11 . Privilege of Resolution

      A concurrent resolution providing for an adjournment of the House 
  or of the Senate (or of both Houses) is privileged. Manual Sec. 84; 5 
  Hinds Sec. 6701. The resolution is privileged even though it provides 
  for an adjournment of the two Houses to different days certain. 93-2, 
  Apr. 11, 1974, p 10775. An adjournment resolution remains privileged, 
  despite its inclusion of additional matter, so long as such additional 
  matter would be privileged in its own right. For example, an 
  adjournment resolution including a declaration asserted as a question 
  of the privileges of the House relating to the ability of the House to 
  receive veto messages during the adjournment retains its privilege. 
  101-1, Nov. 21, 1989, p 31156. An adjournment resolution including a 
  provision establishing an order of business for the following session 
  of the Congress was not considered privileged. 102-1, Nov. 26, 1991, p 
  35840.
      Amendments of the Senate to adjournment resolutions are privileged 
  in the House. 97-2, Feb. 10, 1982, p 1471.
      A House concurrent resolution providing for an adjournment may be 
  subject to a point of order if the House is not in compliance with 
  sections 309 or 310(f) of the Congressional Budget Act, which preclude 
  certain resolutions until the House has passed its regular 
  appropriation bills and completed action on any required 
  reconciliation legislation. Manual Sec. 1127; 108-2, June 25, 2004, p 
  14153. However, these provisions of the Act may be waived by unanimous 
  consent or by adoption of a resolution reported by the Committee on 
  Rules. See, e.g., 113-1, H. Res. 274, June 26, 2013, p__.


  Sec. 12 . August Recess

      The Legislative Reorganization Act of 1946 provides that unless 
  otherwise provided by Congress, the two Houses shall either (a) 
  adjourn sine die by July 31 of each year, or (b) in odd-numbered 
  years, adjourn in August (for a specified period) pursuant to a 
  concurrent resolution adopted by roll call vote in each House. 2 USC 
  Sec. 198. The Act represents a bygone era, as the House has not 
  adjourned sine die by July 31 under this Act for many years, and the 
  provisions in the Act to that effect have been sometimes waived by 
  concurrent resolution, thereby permitting the two Houses to continue 
  in session. Manual Sec. Sec. 1106, 1106a. In the absence of such a 
  resolution, a simple motion to adjourn, made at the conclusion of 
  business on July 31, is in order and would permit the House to meet on 
  the following day. Manual Sec. 1106a.
      The House and Senate may adopt a concurrent resolution adjourning 
  in August in an odd-numbered year as specified by the Act. Such a 
  resolution is called up as privileged and is not debatable. Manual 
  Sec. 1106a. Concurrent resolutions waiving the provisions of the Act 
  are not privileged and have been called up by unanimous consent 
  (Deschler-Brown-Johnson Ch 40 Sec. 12.4) or by resolution reported by 
  the Committee on Rules (105-1, July 31, 1997, p 17018).


                          C. Adjournment Sine Die


  Sec. 13 . In General; Resolutions

      Adjournments sine die (literally, without day) are used to 
  terminate the sessions of a Congress, and are provided for by 
  concurrent resolution. If the Houses do not adopt such a concurrent 
  resolution, a session nevertheless terminates automatically at the end 
  of the constitutional term. See 96-1, Jan. 3, 1980, p 37774; 104-1, 
  Jan. 3, 1996, p 38609; 112-2, Jan. 3, 2012, p__; 113-1, Jan. 3, 2013, 
  p__; 113-2, Jan. 3, 2014, p__; 114-2, Jan. 3, 2017, p__. Adjournment 
  resolutions may be offered from the floor as privileged. 5 Hinds 
  Sec. 6698.
      The resolution is not debatable. 8 Cannon Sec. Sec. 3371-3374. 
  However, a Member may be recognized during its consideration under a 
  reservation of objection to a unanimous-consent request. Manual 
  Sec. 84. It requires a quorum for adoption. 92-2, Oct. 18, 1972, p 
  37061.
      A sine die resolution may specify the particular legislative or 
  calendar day of adjournment or may specify alternate dates. Sine die 
  adjournment in the latter case is effected by a motion offered 
  pursuant to the resolution. Manual Sec. 84. Sine die resolutions may 
  be amended to provide for an adjournment on a date other than that 
  specified. 98-2, Oct. 11, 1984, p 32314. The resolution need not 
  specify the date of convening because, under section 2 of the 20th 
  amendment to the Constitution, a regular session of a Congress 
  automatically begins at noon on January 3 of every year unless 
  Congress sets a different date by law. Manual Sec. 242; 96-2, Jan. 3, 
  1980, p 3.
      Under clause 1(o) of rule X, the Committee on Rules has 
  jurisdiction of matters relative to final adjournment of Congress. 
  Manual Sec. 733.
      The time of adjournment sine die having been fixed by concurrent 
  resolution, the House may not finally adjourn before that time. 5 
  Hinds Sec. 6714. However, a sine die resolution may be recalled prior 
  to action thereon by the other House. 5 Hinds Sec. 6699. Also, it is 
  subject to rescission by a subsequent concurrent resolution. 5 Hinds 
  Sec. 6700. A resolution rescinding an order for adjournment sine die 
  is open to amendment, and an amendment assigning a new date is 
  germane. 5 Hinds Sec. 5920. For waivers of statutory provision as to 
  adjournment sine die on July 31, see Sec. 12, supra.
      Under the current practice, sine die adjournment resolutions 
  normally contain separate House-Senate leadership recall authority. 
  For a discussion of recall authority generally, see Sec. 10, supra.
      The House customarily authorizes the Speaker to appoint a 
  committee to notify the President of the completion of business and 
  the intention of the two Houses to adjourn sine die unless the 
  President has some further communication to make. 100-1, Dec. 21, 
  1987, p 37618; 111-2, Dec. 22, 2010, p 23609. This committee is 
  usually composed of the Majority and Minority Leaders of the House, 
  and joins a similar committee appointed by the Senate. 106-1, Nov. 18, 
  1999, p 30735.


  Sec. 14 . Procedure at Adjournment; Motions

      The House may adjourn at the time specified in the adjournment 
  resolution even though other business, such as a roll call, may be 
  pending. 5 Hinds Sec. Sec. 6325, 6719, 6720. Adjournment sine die can 
  occur notwithstanding the absence of a quorum if both Houses have 
  adopted a concurrent resolution providing for sine die adjournment on 
  that day. Manual Sec. 55; 5 Hinds Sec. 6721.
      A motion to adjourn may invoke a concurrent resolution that gives 
  it particular meaning on the instant day. The motion is offered 
  pursuant to the concurrent resolution:

      M_. Speaker, pursuant to House Concurrent Resolution __, __th 
    Congress, I move that the House do now adjourn.

      The yeas and nays may be ordered on this motion. The adoption of a 
  concurrent resolution providing for adjournment sine die on a day 
  certain does not preclude a demand for the yeas and nays on the motion 
  to adjourn on that day. 87-1, Sept. 27, 1961, p 21528.
  
                                 CHAPTER 2
                                AMENDMENTS

                              HOUSE PRACTICE

              A. Amendments Defined and Distinguished; Forms

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

              B. Permissible Pending Amendments

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

              C. When to Offer Amendment; Reading for Amendment

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

              D. Offering Particular Kinds of Amendments; Precedence and 
                 Priorities

  Sec. 21. Introductory; Perfecting Amendments
  Sec. 22. Motions to Strike
  Sec. 23. Motions to Strike and Insert
  Sec. 24. Substitute Amendments
  Sec. 25. Offering Amendments During Yielded Time
  Sec. 26. Effect of Previous Question; Expiration of Time for Debate

              E. Consideration and Voting

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

              F. Effect of Adoption or Rejection; Changes After Adoption

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

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

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

              H. Amendments to Titles and Preambles

  Sec. 48. In General
        Research References
          5 Hinds Sec. Sec. 5753-5800
          8 Cannon Sec. Sec. 2824-2907a
          Deschler Ch 27
          Manual Sec. Sec. 413, 456, 469, 902, 905, 911, 919-927, 978-
            981, 986-989, 991


              A. Amendments Defined and Distinguished; Forms


  Sec. 1 . In General; Formal Requisites

                                 Generally

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

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

      An amendment to a pending amendment is in order as an amendment in 
  the second degree, as is an amendment to a pending substitute. 
  Amendments in the third degree are not in order. Sec. 14, infra.
      The amendment to the original text must, of course, be offered 
  first, and generally only one amendment to the text may be pending at 
  any one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that 
  amendment is offered, however, the other three forms of amendment may 
  be offered and all four amendments may be pending at one time. 5 Hinds 
  Sec. Sec. 5753, 5785; 8 Cannon Sec. Sec. 2883, 2887; Deschler Ch 27 
  Sec. 1; see also Sec. 13, infra.
      Recognition for the purpose of offering amendments is within the 
  discretion of the Chair. See Sec. 20, infra. Members may offer 
  amendments in their own names at the request, or as the designee, of 
  other Members. But Members may not offer them in other Members' names 
  or jointly. Deschler Ch 27 Sec. 1.11; 114-2, July 11, 2016, p__; 114-
  1, Apr. 29, 2015, p__. Furthermore, Members may not offer amendments 
  to their own amendments; an amendment once offered may not be directly 
  modified by its proponent except by unanimous consent. Sec. 37, infra.

               Formal Requirements; Written or Oral Motions

      Pursuant to clause 1 of rule XVI, the Chair or any Member may 
  require that an amendment be reduced to writing before being offered. 
  Deschler Ch 27 Sec. 1.1. In the Committee of the Whole, the Clerk 
  transmits copies of offered amendments to the majority and the 
  minority tables in accordance with clause 5(b) of rule XVIII, although 
  the failure of the Clerk to promptly transmit such copies is not the 
  basis for a point of order against the amendment. Deschler Ch 27 
  Sec. 22.11.
      An amendment must contain instructions to the Clerk as to the 
  portion of the text it seeks to amend. Deschler Ch 27 Sec. 1.28. 
  Similarly, an amendment to an amendment should specify and identify 
  the text to be amended. Amendments to a substitute should be drafted 
  to the proper page and line number of the substitute rather than to 
  comparable provisions of the original text. Deschler Ch 27 
  Sec. Sec. 1.9, 1.10. A Member who intends to propose such an amendment 
  may ascertain the appropriate page and line number by inspecting the 
  pending amendment at the Clerk's desk or obtaining a copy thereof at 
  the committee tables. Deschler Ch 27 Sec. 22.10.
      The Chair may examine the form of an offered amendment to 
  determine its propriety and may rule it out of order where improper in 
  form and therefore not in order at that time, even where no point of 
  order is raised from the floor and debate has begun. Deschler Ch 27 
  Sec. 1.39. However, an ambiguity in the wording of an amendment, or a 
  question as to the propriety of draftsmanship of an amendment to 
  accomplish a particular legislative purpose, should not be questioned 
  on a point of order; that is an issue to be disposed of by a vote on 
  the merits of the amendment. Deschler Ch 27 Sec. 1.31.

                             Order or Sequence

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

                   Effect of Special Orders of Business

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


  Sec. 2 . Perfecting Amendments

                                 Generally

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

              Perfecting Amendments and the Motion to Strike

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


  Sec. 3 . Motions to Insert

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


  Sec. 4 . Motions to Strike and Insert

      A motion to strike and insert is usually a perfecting amendment 
  (Deschler Ch 27 Sec. 16), and is not divisible under clause 5 of rule 
  XVI. A motion to strike and insert may be offered as a perfecting 
  amendment to a pending section of a bill, and is voted on before a 
  pending motion to strike that section. However, even if agreed to, the 
  perfected language is subject to being eliminated by subsequent 
  adoption of the motion to strike in cases where the perfecting 
  amendment has not so changed the text as to render the original motion 
  to strike an improper change of language already adopted. Deschler Ch 
  27 Sec. 17.12 (note). See also Sec. 23, infra.


  Sec. 5 . Motions to Strike

      A motion proposing to strike a section of a bill is in order after 
  perfecting amendments to the section are disposed of. If offered 
  first, the motion to strike is held in abeyance until perfecting 
  amendments have been disposed of. Sec. 21, infra. A motion proposing 
  to strike a section that has been perfected, but not changed in its 
  entirety, is in order. Deschler Ch 27 Sec. 17.29. The motion to 
  strike, if adopted, strikes the entire section, including provisions 
  added as perfecting amendments to that section. Deschler Ch 27 
  Sec. 31.1.
      A motion to strike the enacting clause of a bill is a 
  parliamentary motion used for rejecting the bill. Deschler Ch 27 
  Sec. 15. It takes precedence over a motion to amend the bill under 
  clause 9 of rule XVIII. Manual Sec. 988. For more on this motion, see 
  Committees of the Whole, Sec. Sec. 22-24, infra.


  Sec. 6 . Substitute Amendments

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


  Sec. 7 . Amendments in Nature of a Substitute

      An amendment in the nature of a substitute is an amendment that is 
  offered to the text of a bill; it generally replaces the entire bill. 
  It should be distinguished from a substitute amendment, which is 
  merely a substitute for another amendment that has been offered. 
  Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute takes the form of a 
  motion to strike and insert. However, the term ``amendment in the 
  nature of a substitute'' properly applies only to those motions that 
  propose to strike an entire pending bill, though it is sometimes used, 
  less precisely, to describe motions proposing to strike an entire 
  pending section or title of text and to insert new matter. It should 
  not be used to describe those motions to strike and insert, which are 
  properly characterized as ``perfecting amendments'' and which go only 
  to a portion of the pending text. Deschler Ch 27 Sec. 25. An amendment 
  in the nature of a substitute for a pending bill may be offered after 
  the first section is read and is then open to amendment in its 
  entirety. Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute for a bill may be 
  proposed before perfecting amendments to the pending portion of the 
  original text have been offered, but may not be voted on until after 
  such perfecting amendments have been disposed of. 8 Cannon Sec. 2896; 
  Deschler Ch 27 Sec. 25.
      Where an amendment in the nature of a substitute for a bill has 
  been adopted in the Committee of the Whole, the measure is no longer 
  open to amendment and further amendments, including pro forma 
  amendments for debate, are not in order except by unanimous consent. 
  Deschler Ch 27 Sec. 32.6; see also Manual Sec. 923.


  Sec. 8 . Pro Forma Amendments

      Pro forma amendments have been in use during debate in the 
  Committee of the Whole under the five-minute rule as early as 1868. 5 
  Hinds Sec. 5778. A pro forma amendment is a procedural formality--a 
  parliamentary device used to obtain recognition during consideration 
  of a bill being read for amendment. Such an amendment does not 
  contemplate any actual change in the bill. Although pro forma 
  amendments are phrased to make some superficial change in the language 
  under consideration, such as ``to strike the last word,'' the 
  underlying purpose is merely to obtain time for debate that might 
  otherwise be prohibited because of the time limitations of the five-
  minute rule. Clause 5 of rule XVIII; Deschler Ch 27 Sec. 2. A special 
  order of business may limit the offering of substantive amendments but 
  enable pro forma amendments for the purpose of debate. A special order 
  of business that prohibits second-degree amendments necessarily 
  precludes pro forma amendments as well. 112-1, July 21, 2011, p 11751. 
  A pro forma amendment may be offered after a substitute has been 
  adopted and before the vote on the amendment, as amended, by unanimous 
  consent only because the amendment has been amended in its entirety 
  and no further amendments, including pro forma amendments, are in 
  order. Manual Sec. 981.
      A Member who has occupied five minutes on a pro forma amendment:

     May not lengthen this time by making a second pro forma 
         amendment. Manual Sec. 981; 5 Hinds Sec. 5222; 8 Cannon 
         Sec. 2560.
     May not extend this time by offering a substantive amendment 
         while other Members are seeking recognition. Manual Sec. 981.
     May offer a second-degree amendment and then offer a pro forma 
         amendment to debate the underlying first-degree amendment. 
         Manual Sec. 981.

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


  Sec. 9 . Precedence of Motion Generally

                                In General

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

                    Explaining or Opposing an Amendment

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

                           The Previous Question

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

                 The Motion to Strike the Enacting Clause

      Under clause 9 of rule XVIII, the motion to strike the enacting 
  clause takes precedence over a motion to amend. Manual Sec. 989. The 
  motion may be offered while an amendment is pending. 5 Hinds 
  Sec. 5328; 8 Cannon Sec. 2624. Although the motion to strike the 
  enacting clause is pending, not even a pro forma amendment to strike 
  the last word is entertained. 8 Cannon Sec. 2627.
      For general discussion of the motion to strike the enacting 
  clause, see Committees of the Whole, Sec. Sec. 22-24, infra.

                            The Motion to Rise

      With one exception in the Committee of the Whole, a motion to 
  amend a bill has precedence over a motion to rise and report it to the 
  House. 4 Hinds Sec. Sec. 4752-4758. However, the motion to amend 
  yields to the simple motion that the Committee rise. 4 Hinds 
  Sec. 4770. Under clause 2(d) of rule XXI, the motion to rise and 
  report, if offered by the Majority Leader (or designee), takes 
  precedence over an amendment after a general appropriation bill has 
  been completely read for amendment. Manual Sec. 1040. In the 109th 
  Congress, the House adopted a resolution creating a point of order 
  against a motion to rise and report an appropriation bill that 
  exceeded an applicable allocation of new budget authority under 
  section 302(b) of the Congressional Budget Act of 1974. Such a point 
  of order has been carried forward in subsequent Congresses by separate 
  order contained in the opening-day rules package. Manual Sec. 1044b.
      For precedence as between particular forms of amendment, see 
  Sec. 21, infra.


  Sec. 10 . Amending Other Motions

                                 Generally

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

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

                            When Not Permitted

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

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

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


  Sec. 11 . Effect of Special Orders of Business

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

      Legislation may be considered:

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

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


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

      The Committee on Rules may report a rule that precludes amendments 
  that have not been printed in the Congressional Record. An amendment 
  similar but not identical to the text of an amendment printed in the 
  Record has been held out of order under such a rule. Only the House, 
  by unanimous consent, may permit the offering of an amendment that 
  differs in any way from an amendment permitted under the rule. 
  However, once an amendment has been offered and is pending, an offeror 
  may modify an amendment by unanimous consent in the Committee of the 
  Whole. Manual Sec. 993b; Deschler Ch 27 Sec. Sec. 3.25-3.27.
      Where a special order of business restricts the offering of 
  amendments to those printed in the Congressional Record but does not 
  specify the Members who must offer them, the right to propose 
  amendments properly inserted in the Record inures to all Members. 105-
  2, Sept. 17, 1998, pp 20838, 20839.
      A special order of business prohibiting amendments to a bill 
  except those printed in the Congressional Record does not apply to 
  amendments in the second degree unless so specified. Deschler Ch 27 
  Sec. 3.13.


                     B. Permissible Pending Amendments


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

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

      Generally, only one amendment to the text may be pending at any 
  one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that 
  amendment is offered, however, the other three forms of amendment 
  shown above may be offered and all four amendments may be pending at 
  one time. 5 Hinds Sec. 5753; 8 Cannon Sec. 2883; Deschler Ch 27 
  Sec. 1.
      The amendments shown in the chart are amendments in the first or 
  second degree. Amendments beyond the second degree, such as an 
  amendment to the amendment to the amendment to the pending text, are 
  not in order. See Sec. 1, supra; Sec. 14, infra. Frequently, however, 
  as by a special order of business, an amendment in the nature of a 
  substitute may be considered as an original text for purposes of 
  amendment, thereby extending the permissible degrees of amendment. 
  Deschler Ch 27 Sec. 1. Indeed, a special order of business reported by 
  the Committee on Rules may specifically permit the offering of 
  amendments beyond the second degree. 94-1, Feb. 27, 1975, p 4593. In 
  one instance, pursuant to a special order of business, up to eight 
  amendments to the pending text were pending simultaneously. 96-1, May 
  15, 1979, p 1050.
      There is no limit to the number of amendments that may be offered 
  either to an amendment or to a substitute so long as not changing a 
  previously adopted amendment. When one second-degree amendment has 
  been disposed of, another can be offered. Deschler Ch 27 Sec. 5.16. 
  Where both an amendment and a substitute have been offered, each may 
  have one amendment pending to it at one time. Deschler Ch 26 
  Sec. Sec. 5.14, 5.15.

                       Perfecting the Original Text

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

                        Amending Pending Amendments

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

                      Amending Substitute Amendments

      A substitute for an amendment is subject to amendment. Deschler Ch 
  27 Sec. Sec. 5.3, 5.4. Thus, where an amendment, an amendment thereto, 
  and a substitute for the original amendment are pending, it is in 
  order to offer an amendment to the substitute. Deschler Ch 27 
  Sec. 5.13. Other amendments to the substitute are in order following 
  disposition of the pending amendment to the substitute. Deschler Ch 27 
  Sec. 5.25.

             Amending Amendments in the Nature of a Substitute

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


  Sec. 14 . Amendments in the Third Degree
  
  
      The following chart shows the four common forms of amendments in 
  the first or second degree and distinguishes them from amendments in 
  the third degree.
      Amendments in the third degree are not in order. 5 Hinds 
  Sec. 5754; 8 Cannon Sec. 2580; Deschler Ch 27 Sec. 6.1. ``The line 
  must be drawn somewhere,'' wrote Thomas Jefferson, ``and usage has 
  drawn it after the amendment to the amendment.'' Manual Sec. 454. This 
  principle is reflected in clause 6 of rule XVI and is considered 
  fundamental in the House of Representatives. Manual Sec. 922; Deschler 
  Ch 27 Sec. 6. Thus, as shown by the chart, an amendment to an 
  amendment to an amendment is in the third degree and not in order. 
  Deschler Ch 27 Sec. 6.2. Until the amendment to the amendment is 
  disposed of, no further amendment to the amendment may be offered. 
  Deschler Ch 27 Sec. 6.12.
      The prohibition against amendments in the third degree also 
  applies to amendments between the House and Senate. If a bill 
  originating in one House is amended by the other, the originating 
  House may amend the amendment; and the second House may again amend. 
  Any further amendment between the Houses would be in the third degree. 
  Manual Sec. 529. However, the House has on occasion adopted a special 
  order of business (waiving applicable points of order) that provided 
  for consideration of a motion to concur in a Senate amendment with a 
  further House amendment that broached the third degree. 110-2, June 
  19, 2008, p 13052; 110-2, July 23, 2008, p 15877; 110-2, Sept. 28, 
  2008, p 22914; 111-2, Mar. 4, 2010, p 2580.

             Substitutes for Pending Amendments Distinguished

      As shown by the above chart, a substitute for a pending first-
  degree amendment is subject to amendment, whereas a perfecting 
  amendment to an amendment is not, as that would be in the third 
  degree. Manual Sec. 923; Deschler Ch 27 Sec. 6. The substitute 
  permitted by clause 6 of rule XVI is an alternative to the original 
  first-degree amendment and not for the amendment to that amendment. 
  Indeed, when an amendment and a perfecting amendment thereto are 
  pending, neither an amendment to, or substitute for, the perfecting 
  amendment is in order, both such amendments being in the third degree. 
  Deschler Ch 27 Sec. 6.2.
      Although a perfecting amendment to a pending substitute should 
  retain some portion of the substitute so as not to be in effect a 
  substitute in the third degree, the Chair does not look behind the 
  form of the amendment in the absence of a timely point of order from 
  the floor. Deschler Ch 27 Sec. 6.21.

                 Amendments in the Nature of a Substitute

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

                 Amendments While Motion to Strike Pending

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

                           Pro Forma Amendments

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


             C. When to Offer Amendment; Reading for Amendment


  Sec. 15 . In General; Reading by the Clerk

      A second reading occurs in the Committee of the Whole after 
  general debate when a measure is read for amendment under clause 5 of 
  rule XVIII. Under clause 5(a) of rule XVIII, amendments are not in 
  order in the Committee of the Whole until general debate has been 
  closed. 4 Hinds Sec. 4744. Amendments are then debated under the five-
  minute rule. Manual Sec. 978. The bill is read for amendment, and 
  amendments are offered and debated at the appropriate point in the 
  reading. Thus, when a bill is being read for amendment in the 
  Committee of the Whole by section, it is not in order to offer 
  amendments except to the one section under consideration. Deschler Ch 
  27 Sec. 7. After a section or paragraph has been passed, it is no 
  longer subject to amendment. Manual Sec. Sec. 413, 980.
      Bills are ordinarily read for amendment by section or paragraph in 
  sequence. However, the House, by unanimous consent or special order of 
  business, may vary the reading of a bill for amendment under the five-
  minute rule in the Committee of the Whole, which may include 
  dispensing with the reading entirely. Deschler Ch 27 Sec. Sec. 7.1, 
  7.18. The Committee of the Whole may also, by unanimous consent, allow 
  an amendment to a portion of the bill passed in the reading or not yet 
  read for amendment. 114-1, June 2, 2015, p__; 113-2, July 14, 2014, 
  p__.

                       House Practice Distinguished

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

            Practice in House as in the Committee of the Whole

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


  Sec. 16 . Amendments to Text Passed in the Reading

      In the Committee of the Whole, amendments to a section are in 
  order after the section has been read or the reading dispensed with 
  and remain in order until the reading of the next portion to be 
  considered. Deschler Ch 27 Sec. 7. Generally, an amendment comes too 
  late when the Clerk has read beyond the section to which the amendment 
  applies. 8 Cannon Sec. 2930; Deschler Ch 27 Sec. 8.1.
      An amendment offered as a new section is in order to a bill being 
  read by section after the Clerk has read up to, but not beyond, the 
  point at which the amendment would be inserted. The amendment must be 
  offered after the consideration of the section of the bill that it 
  would follow, and comes too late after the next section of the bill 
  has been read for amendment. Deschler Ch 27 Sec. 8.17. A section is 
  considered passed for the purpose of amendment after an amendment 
  inserting a new section has been adopted following that section. 
  Deschler Ch 27 Sec. 8.12. An amendment adding a new section at the end 
  of a bill is in order after the last section of the bill has been 
  read, even though other amendments adding new sections have been 
  adopted. Deschler Ch 27 Sec. 7.35.
      To be timely, an amendment must be offered at the appropriate 
  place in the reading. A point of order that an amendment to a section 
  or a paragraph of a bill comes too late does not lie where the Member 
  offering the amendment was seeking recognition before the section or 
  paragraph was passed in the reading. Deschler Ch 27 Sec. 8.22. The 
  Chair has on occasion directed the Clerk to reread a paragraph of a 
  bill where there was doubt as to how far the Clerk had read. Deschler 
  Ch 27 Sec. 8.4.


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

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


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

      Unless permitted by a special order of business, a bill may be 
  considered as read and open to amendment at any point only by 
  unanimous consent. A motion to that effect is not in order. Deschler 
  Ch 27 Sec. 11.2. Similarly, during the reading of a section for 
  amendment, that section can be considered as read and open to 
  amendment at any point only by unanimous consent. Deschler Ch 27 
  Sec. 11.4. Where consent is granted that the remainder of the bill be 
  open to amendment at any point, amendments may then be offered to any 
  portion of the bill not yet read for amendment at the time the 
  permission is granted and amendments remain in order to that portion 
  of the bill pending when the request was granted. Deschler Ch 27 
  Sec. 11.9; 94-1, June 4, 1975, p 16899. However, an agreement that the 
  remainder of the bill be considered read and open for amendment at any 
  point does not admit an amendment to a portion of the bill already 
  passed in the reading. Deschler Ch 27 Sec. 11.8. Points of order 
  against the text open to amendment are disposed of before the offering 
  of amendments. See Points of Order; Parliamentary Inquiries.


  Sec. 19 . Amendments in the Nature of a Substitute

      Unless the bill is considered as having been read for amendment, 
  an amendment in the nature of a substitute for a bill is in order only 
  after the first section (or paragraph) of the bill has been read for 
  amendment or following the reading of the final section (or paragraph) 
  of the bill. Deschler Ch 27 Sec. Sec. 12.1, 12.2, 12.4. To a bill 
  being read for amendment by title, an amendment in the nature of a 
  substitute for the entire bill may be offered either after the reading 
  of the ``short title'' of the bill (which is normally a separate 
  section of the bill preceding title I) or at the conclusion of the 
  reading of the whole bill. Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute for a bill is not in 
  order at an intermediate stage of the reading unless the bill is 
  considered as having been read for amendment, in which case an 
  amendment in the nature of a substitute may be offered at any time 
  during consideration of the bill. Deschler Ch 27 Sec. Sec. 12.3, 
  12.10.
      Although an amendment in the nature of a substitute may ordinarily 
  be offered after the reading of the first section of a bill being read 
  by section and before committee amendments adding new sections, where 
  a bill consists of one section and is therefore open to amendment at 
  any point when read, committee amendments adding new sections are 
  considered perfecting amendments and are disposed of before the 
  offering of amendments in the nature of a substitute. Deschler Ch 27 
  Sec. 12.13.
      An amendment in the nature of a substitute is in order after an 
  entire bill has been read and perfecting amendments have been adopted 
  thereto, as long as such perfecting amendments have not changed the 
  bill in its entirety. Deschler Ch 27 Sec. 12.16. Similarly, an 
  amendment in the nature of a substitute may be offered for a bill (or 
  for an amendment being considered as original text) after the reading 
  thereof has been completed, if another amendment in the nature of a 
  substitute has not been previously adopted. Deschler Ch 27 Sec. 12.6. 
  For substitutes for amendments in the nature of a substitute, see 
  Sec. 24, infra.


  Sec. 20 . Recognition to Offer Amendments; Priority

                         Necessity of Recognition

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

                            Discretion of Chair

      Except where governed by a special order of business, decisions 
  regarding recognition for the purpose of offering amendments is within 
  the discretion of the Chair. Deschler Ch 27 Sec. Sec. 4.2, 4.3. No 
  point of order lies against the Chair's recognition of one Member over 
  another. Deschler Ch 27 Sec. 4.4. Nevertheless, in the absence of a 
  controlling special order of business, the Chair ordinarily follows 
  the many precedents and practices that serve as guidelines to the 
  Chair in according recognition to Members to offer amendments. 
  Deschler Ch 27 Sec. 4.35. For example, the Chair may accord 
  recognition pursuant to the principle of alternation between majority 
  and minority parties or on the priority of perfecting amendments over 
  motions to strike. Deschler Ch 27 Sec. 4.19. Decisions on questions of 
  recognition are not subject to appeal. Manual Sec. 949.

                     Priority of Committee Amendments

      Amendments recommended by a committee reporting a bill are 
  normally considered before amendments offered from the floor, 
  including instances where a bill is considered read and open to 
  amendment. Deschler Ch 27 Sec. 4.34. Thus, perfecting committee 
  amendments to a paragraph under consideration are disposed of before 
  amendments from the floor are considered. Deschler Ch 27 Sec. 4.33. A 
  special order of business will often make in order a committee 
  amendment in the nature of a substitute as the base text for purposes 
  of further amendment.

               Committee Membership as Basis for Recognition

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

                     Effect of Parliamentary Inquiries

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


   D. Offering Particular Kinds of Amendments; Precedence and Priorities


  Sec. 21 . Introductory; Perfecting Amendments

      Generally, the House follows the Jeffersonian principle that 
  language should be perfected before taking other action on it. 
  Deschler Ch 27 Sec. 15. ``[T]he friends of the paragraph,'' Jefferson 
  wrote, ``may make it as perfect as they can by amendments before the 
  question is put for inserting it. . . . In like manner, if it is 
  proposed to amend by striking a paragraph, the friends of the 
  paragraph are first to make it as perfect as they can by amendments, 
  before the question is put for striking it out.'' Manual Sec. 469. An 
  important exception to this rule is that a motion to strike the 
  enacting words of a bill, being a device used for purposes of 
  rejecting the bill, has precedence over a motion to amend the bill. 
  Clause 9 of rule XVIII; Manual Sec. 988.

                   Precedence Over the Motion to Strike

      A motion to strike and a perfecting amendment may be pending 
  simultaneously. They must be voted on separately and in a specified 
  order. Sec. 28, infra. A perfecting amendment to the text of a bill 
  takes precedence over a pending motion to strike the text and is first 
  to be voted on. Deschler Ch 27 Sec. Sec. 15.3, 15.4. Thus, an 
  amendment inserting new words takes precedence over a pending motion 
  to strike that portion of the text. Deschler Ch 27 Sec. 15.7. 
  Conversely, when an amendment to perfect is pending, a motion to 
  strike must wait. Deschler Ch 27 Sec. 15.1. When a motion to strike a 
  pending portion of a bill is pending, perfecting amendments are in 
  order to the text proposed to be stricken--not to the motion to 
  strike. Deschler Ch 27 Sec. 15.13. Perfecting amendments and motions 
  to strike may not be offered as amendments to or substitutes for one 
  another.
      Perfecting amendments to a paragraph may be offered (one at a 
  time) while a motion to strike the paragraph is pending, and such 
  perfecting amendments are first disposed of. Deschler Ch 27 
  Sec. Sec. 15.5, 15.15. Under this rule, where a perfecting amendment 
  is offered and rejected, a second perfecting amendment may be offered 
  and disposed of before the vote on a motion to strike. If the motion 
  to strike is ultimately defeated, further perfecting amendments to the 
  pending text are yet in order. Deschler Ch 27 Sec. Sec. 15.8, 15.26.
      A motion to strike a pending portion of a bill will be held in 
  abeyance until perfecting amendments to that portion are disposed of. 
  Manual Sec. 469. However, a Member who has been recognized to debate 
  the motion to strike may not be deprived of the floor by another 
  Member who seeks to offer a perfecting amendment. After the Member so 
  recognized has completed five minutes in support of the motion to 
  strike, but before the question is put on the motion to strike, the 
  perfecting amendment may be offered and voted upon. Deschler Ch 27 
  Sec. 15.11.
      In the case of preferential perfecting amendments to the text 
  offered pending a motion to strike that text, such a motion to strike 
  must still be voted upon regardless of whether or not such perfecting 
  amendments are adopted (assuming that the perfecting amendments do not 
  change the entire pending text). Deschler Ch 27 Sec. 15.24. However, 
  if perfecting amendments are agreed to, and are coextensive with the 
  material proposed to be stricken, the motion to strike the amended 
  text falls and is not acted on. Deschler Ch 27 Sec. 15.25.

          Precedence Over Amendment in the Nature of a Substitute

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


  Sec. 22 . Motions to Strike

      Amendments proposing to strike a section of a bill are in order 
  after perfecting amendments to the section are disposed of. Deschler 
  Ch 23 Sec. 17.3. A motion to strike a section or paragraph is not in 
  order while a perfecting amendment is pending. Deschler Ch 27 
  Sec. Sec. 16.6, 17.1. The motion to strike, if already pending, must 
  remain in abeyance until the amendment to perfect has been disposed 
  of. Manual Sec. 469; 5 Hinds Sec. 5758; 8 Cannon Sec. 2860. Because a 
  provision must be perfected before the question is put on striking it 
  out, a motion to strike a paragraph or section may not be offered as a 
  substitute for a pending amendment to perfect the paragraph or 
  section, including where the pending perfecting amendment is a motion 
  to strike and insert new text. Deschler Ch 27 Sec. Sec. 17.15-17.18. 
  Although the motion to strike is not in order in this situation as a 
  substitute, it may be offered after disposition of the perfecting 
  amendment to strike and insert if more comprehensive in scope. 
  Deschler Ch 27 Sec. Sec. 17.30-17.32.
      Although an amendment that has been agreed to may not be modified, 
  a proposition to strike it from the bill with other language of the 
  original text is in order. 8 Cannon Sec. 2855. Thus, if the pending 
  title of a bill is perfected by an amendment adding a new section 
  thereto, and the Committee of the Whole thereafter agrees to a motion 
  to strike the entire title, the words added by the perfecting 
  amendment are eliminated along with the rest of the title. 91-1, Oct. 
  3, 1969, p 28454.
      To a motion to strike certain text and insert new language, a 
  simple motion to strike all that text may not be offered as an 
  amendment, as it would have the effect of dividing the motion to 
  strike and insert, which is prohibited by clause 5 of rule XVI. 
  Deschler Ch 27 Sec. 17.23.


  Sec. 23 . Motions to Strike and Insert

      As a perfecting amendment, a motion to strike and insert takes 
  precedence over a pending motion to strike. 8 Cannon Sec. 2849. It may 
  be offered while the motion to strike is pending and is first acted 
  upon. Deschler Ch 27 Sec. 16.3. If the perfecting amendment is agreed 
  to, and is coextensive with the motion to strike, the motion to strike 
  the amended text falls and is not acted on. Deschler Ch 27 Sec. 16.4.
      Under clause 5 of rule XVI, a motion to strike and insert is not 
  divisible. Manual Sec. 920. For this and other reasons, a motion to 
  strike is not in order as a substitute for a pending motion to strike 
  and insert. Deschler Ch 27 Sec. 17.18. Conversely, a motion to strike 
  and insert a portion of a pending section is not in order as a 
  substitute for a motion to strike the section, but may be offered as a 
  perfecting amendment to the section and is first voted upon, subject 
  to being eliminated by subsequent adoption of the motion to strike. 
  Deschler Ch 27 Sec. 17.7. See also Sec. 4, supra.


  Sec. 24 . Substitute Amendments

                                 Generally

      A ``substitute'' is a substitute for an amendment, and not a 
  substitute for the original text. Sec. 6, supra. A substitute can be 
  entertained only after an amendment is pending. 8 Cannon Sec. 2883. In 
  the Committee of the Whole, the proper time to offer a substitute for 
  an amendment is after the amendment has been read and the Member 
  offering it has been permitted to debate it under the five-minute 
  rule. Deschler Ch 27 Sec. 18.2. The substitute is then in order until 
  the Chair puts the question on the amendment. Deschler Ch 27 
  Sec. 18.3.

         Substitutes for Amendments in the Nature of a Substitute

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

                    Reoffering Substitute Propositions

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


  Sec. 25 . Offering Amendments During Yielded Time

                               In the House

      A measure being considered in the House is not subject to 
  amendment unless the Member in control yields for that purpose or the 
  previous question is either not moved or is rejected. Deschler Ch 27 
  Sec. 13.6; see Sec. 26, infra. Ordinarily, an amendment to the measure 
  may be offered only by the Member having the floor unless such Member 
  yields to another for that purpose; and it is within the discretion of 
  the Member in charge whether, and to whom, to yield. Deschler Ch 27 
  Sec. 13.3. An amendment may not be offered in time yielded for debate 
  only. 8 Cannon Sec. 2474; Deschler Ch 27 Sec. 13.1.
      A Member controlling debate in the House on a measure may yield to 
  another to offer an amendment, despite a prior announced intention not 
  to yield for such purpose. 8 Cannon Sec. 2470. The Member so yielded 
  to may then offer an amendment, be recognized for an hour, and may 
  yield time to others. Deschler-Brown Ch 29 Sec. 30.7.
      A Member who has the floor in debate in the House may not yield to 
  another Member to offer an amendment without losing control of the 
  time. 5 Hinds Sec. 5021. By yielding to another to offer an amendment 
  a Member loses the right to resume. 5 Hinds Sec. 5031. However, a 
  Member may yield to permit an amendment to be read for information 
  without losing control of the time. 8 Cannon Sec. 2477.

                       In the Committee of the Whole

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. A Member wishing to offer an 
  amendment under the five-minute rule must seek recognition from the 
  Chair. Deschler Ch 27 Sec. 13.7.


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

                         Generally; House Practice

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

          Expiration of Debate Time in the Committee of the Whole

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


                        E. Consideration and Voting


  Sec. 27 . In General; Reading of Amendment

                                 Generally

      Amendments to a bill must be read in full or their reading 
  dispensed with in accordance with the rules. 8 Cannon Sec. 2339. This 
  is so even where the bill itself is considered as having been read for 
  amendment pursuant to a special order of business. Deschler Ch 27 
  Sec. 22. The reading of an amendment must be completed before an 
  amendment thereto is in order. Deschler Ch 27 Sec. 22.5.
      Amendments at the Clerk's desk must be offered by a Member before 
  they will be read by the Clerk. Deschler Ch 27 Sec. 7.27. They need 
  not be reoffered after they have been reported by the Clerk 
  notwithstanding suspension of consideration of the bill. If an 
  amendment is pending when the Committee of the Whole rises, such 
  amendment remains pending when the Committee next considers that 
  measure. 112-1, July 27, 2011, p 12252. Where the Committee of the 
  Whole resumes its consideration of a bill after an interval of time, 
  the Chair sometimes (without objection) directs the Clerk to re-report 
  the amendments that were pending at the time the Committee rose. 
  Deschler Ch 27 Sec. 22.3.

                           Numbering Amendments

      Amendments printed in the Congressional Record are numbered in the 
  order submitted for printing. Clause 8 of rule XVIII.

                          Dispensing with Reading

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

                           Re-reading Amendments

      An amendment that has been once read may not be read again except 
  by unanimous consent. Deschler Ch 27 Sec. 22.2. It is not within the 
  province of the Chair to analyze the effect of amendments, and the 
  Chair has declined to recognize for unanimous consent that the Clerk 
  read the ``differences'' between two pending amendments. Deschler Ch 
  27 Sec. 1.33.

                   Amendment in the Nature of Substitute

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


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

                              Voting Sequence

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

                   Effect of Special Orders of Business

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

                Postponed and Clustered Votes on Amendments

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

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

  Manual Sec. 984.

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

  Sec. 29 . Committee Amendments

      Pending amendments, whether favorably or adversely recommended by 
  the committee reporting the bill, must be voted on. 8 Cannon 
  Sec. 2865. The Committee of the Whole may continue debate (and must 
  vote) on a pending amendment even though it has been ``accepted'' by 
  members of the committee reporting the bill. Deschler Ch 27 
  Sec. 26.10; 112-1, June 14, 2011, p 9179.
      Absent a special order of business that provides otherwise, 
  committee amendments to a bill are ordinarily taken up before 
  amendments from the floor, although they are not voted on until after 
  they have been perfected. 5 Hinds Sec. 5773. Floor amendments to the 
  bill are normally in order following the disposition of pending 
  committee amendments perfecting that bill, even though the bill is 
  open to amendment at any point. Deschler Ch 27 Sec. Sec. 26.3, 26.5.
      Absent a special order of business that provides otherwise, where 
  a committee amendment proposes to strike a portion of the text, a 
  perfecting amendment from the floor may intervene before the vote is 
  taken on the committee amendment. See Sec. 21, supra.
      A committee amendment to the first paragraph or section of a bill 
  is voted on before a vote is taken on an amendment in the nature of a 
  substitute to strike all after the enacting clause and insert new 
  matter. Deschler Ch 27 Sec. 26.1.


  Sec. 30 . Amendments En Bloc; Use of Special Orders of Business

                                 Generally

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

                              Points of Order

      Where unanimous consent is requested that two or more amendments 
  be considered en bloc, points of order against any or all of them may 
  be made or reserved pending agreement to the request. Deschler Ch 27 
  Sec. 27.5. Amendments offered en bloc by unanimous consent are 
  considered as one amendment, and a single point of order against any 
  portion thereof renders the entire amendment subject to a point of 
  order. Deschler Ch 27 Sec. 27.5.

            Consideration Pursuant to Special Order of Business

      To expedite consideration of perfecting amendments to a bill, the 
  House may adopt a special order of business permitting their 
  consideration en bloc in lieu of separate consideration in the order 
  printed in the report of the Committee on Rules. Under such a special 
  order of business, the manager of the bill may request en bloc 
  consideration of amendments after the pending text is read and 
  unanimous consent is not required. Deschler Ch 27 Sec. Sec. 27.13, 
  27.14. Most special orders of business of this kind empower the 
  manager to offer amendments en bloc consisting of those that have been 
  printed in the accompanying report of the Committee on Rules (and not 
  previously disposed of).

                         ``King of the Hill'' Rule

      The Committee on Rules has provided for the consideration of two 
  or more amendments under what is sometimes termed a ``king of the 
  hill'' procedure. The special order of business may provide that such 
  amendments be considered in a specified order and that if more than 
  one such amendment is adopted, only the last amendment so adopted 
  shall be considered as finally adopted and reported to the House. 102-
  2, June 3, 1992, p 13239.

             ``Top Vote Getter'' or ``Queen of the Hill'' Rule

      On occasion, the Committee on Rules has reported a rule that 
  permitted several alternative amendments to be considered in a 
  specified order with the one receiving the largest majority being 
  reported back to the House. See, e.g., 114-1, Mar. 25, 2015, p__; 104-
  1, Jan. 25, 1995, p 2360.

                     ``First Amendment Adopted'' Rule

      On rules providing for the consideration of the concurrent 
  resolution on the budget, or on other rare occasions, the Committee on 
  Rules has waived all points of order against the amendments in the 
  nature of a substitute printed in the report accompanying the rule, 
  except that the adoption of an amendment in the nature of a substitute 
  constituted the conclusion of consideration of the concurrent 
  resolution for amendment. See, e.g., 106-2, Mar. 23, 2000, p 3342.


  Sec. 31 . Perfecting Amendments; Motions to Strike

                Preference as Between Perfecting Amendments

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

      Preference as Between Perfecting Amendment and Motion to Strike

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


  Sec. 32 . Substituting Amendments

                           Substitute Amendments

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

                 Amendments in the Nature of a Substitute

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


  Sec. 33 . Points of Order

                                 Generally

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

                         Reserving Points of Order

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

                  Reservation as Inuring to Other Members

      One Member's reservation of a point of order against an amendment 
  protects the rights of all Members to insist on a point of order. The 
  reserving Member need not specify the basis of the reservation. The 
  reservation of the point of order inures to all Members, who may raise 
  other points of order before the intervention of further debate if the 
  original point of order is overruled or withdrawn. Manual Sec. 628. 
  See Points of Order; Parliamentary Inquiries.


  Sec. 34 . --Timeliness

                                 Generally

      Except as provided in the last paragraph of this section, a point 
  of order against an amendment is properly made (or reserved) 
  immediately after the reading thereof, following agreement to a 
  unanimous-consent request that the amendment be considered as read, or 
  at any time before debate has begun on the amendment. It should be 
  disposed of before amendments to that amendment are offered. 
  Similarly, a point of order against certain language should be decided 
  before recognition of another Member to offer an amendment to the 
  challenged language. See Points of Order; Parliamentary Inquiries; 
  Manual Sec. 628.

                 Effect of Intervening Amendment or Debate

      A Member must exercise due diligence in raising a point of order. 
  Except as explained under the next heading, a point of order against 
  an amendment should be made or reserved before the proponent of the 
  amendment has been recognized to debate the amendment, and cannot be 
  raised after the proponent of the amendment has been recognized and 
  has begun debate. A point of order against an amendment is not 
  entertained where business has intervened between the reading of the 
  amendment and the making of the point of order unless the intervening 
  business is vacated. A unanimous-consent request to modify the 
  amendment does not constitute intervening business. 106-1, Mar. 11, 
  1999, pp 4335-37. The re-reading of the amendment by unanimous consent 
  after there has been debate does not permit the intervention of a 
  point of order against the amendment. See Points of Order; 
  Parliamentary Inquiries; Manual Sec. 628.
      Although a point of order against an amendment ordinarily comes 
  too late if debate has begun thereon, the Chair has recognized a 
  Member to make or reserve a point of order against an amendment where 
  the Member raising the point was seeking recognition at the time the 
  amendment was read. See Points of Order; Parliamentary Inquiries; 
  Deschler Ch 27 Sec. 1; Manual Sec. 628.
      Debate on an amendment may not continue while there is pending a 
  point of order against the amendment. 112-1, July 6, 2011, p 10476.

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

      Clause 4 and clause 5(a) of rule XXI refer to points of order that 
  may be ``raised at any time.'' Clause 4 deals with appropriations in a 
  bill reported by committees not having jurisdiction to report 
  appropriations and prohibits amendments carrying appropriations during 
  consideration of a bill reported by a committee not having that 
  jurisdiction. Clause 5(a) is aimed at tax or tariff measures contained 
  in a bill reported by a committee not having that jurisdiction, or 
  amendments of the Senate or amendments in the House that are offered 
  to a bill not reported therefrom. Points of order under these rules 
  must still be raised when the offending bill or amendment is before 
  the House for consideration. However, intervening debate or amendments 
  will not preclude a proper point of order from being cognizable by the 
  Chair when raised during the pendency of the amendment under the five-
  minute rule. See Points of Order; Parliamentary Inquiries; Manual 
  Sec. 628.


  Sec. 35 . Debate on Amendments

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


  Sec. 36 . Withdrawal of Amendment

                       In the Committee of the Whole

      Under clause 5(a) of rule XVIII, an amendment may not be withdrawn 
  in the Committee of the Whole except by unanimous consent, unless 
  withdrawal authority is conferred by the House. Manual Sec. Sec. 905, 
  978; 5 Hinds Sec. Sec. 5221, 5753; 8 Cannon Sec. Sec. 2465, 2859; 
  Deschler Ch 27 Sec. 20.1. Thus, where a Member has been recognized by 
  the Chair to offer an amendment and the amendment has been reported by 
  the Clerk, unanimous consent is required to withdraw the amendment. 
  Deschler Ch 27 Sec. 20.4. However, unanimous consent is not required 
  to withdraw an amendment that is merely at the Clerk's desk and has 
  yet to be offered. Deschler Ch 27 Sec. 20.5.
      Where a point of order is made or reserved against an amendment 
  and a unanimous-consent request is then made for the withdrawal of the 
  amendment, the Chair will first dispose of the unanimous-consent 
  request. Deschler Ch 27 Sec. 20.6.
      The withdrawal of an amendment by unanimous consent does not 
  preclude its being subsequently reoffered, and unanimous consent is 
  not required to reoffer the amendment if otherwise in order. Deschler 
  Ch 27 Sec. 20.10.

                               In the House

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


  Sec. 37 . Modification of Amendment

      The proponent of an amendment may modify such amendment only by 
  unanimous consent. Deschler Ch 27 Sec. Sec. 21.1-21.3. However, where 
  there is pending an amendment and a substitute therefor, the Member 
  who offered the original amendment may also offer an amendment to the 
  substitute, such action not constituting an amendment to one's own 
  amendment. Deschler Ch 27 Sec. 21.4. A unanimous-consent request may 
  be entertained in the Committee of the Whole to permit the 
  modification of a designated amendment made in order by a ``modified-
  closed'' special order of business, once pending. Manual Sec. 993b.
      The modification of a pending amendment by its proponent should be 
  offered before the amendment is voted on. 106-2, Mar. 29, 2000, p 
  4017. However, in one instance, pending a request for a recorded vote 
  following a voice vote on an amendment, the Committee of the Whole, by 
  unanimous consent, vacated the Chair's putting of the question on the 
  amendment so as to permit its modification. Deschler Ch 27 Sec. 21.7.
      The fact that a decision of the Chair is pending on a point of 
  order against an amendment does not necessarily preclude a request by 
  its proponent that it be modified. Deschler Ch 27 Sec. 21.6. However, 
  the Chair or any Member may insist that a proposed modification be 
  submitted in writing and read by the Clerk. Deschler Ch 27 Sec. 21.8.
      In the event of objection to a unanimous-consent request to modify 
  a pending amendment, any Member--other than the proponent of the 
  amendment--may offer a proper amendment thereto. Deschler Ch 27 
  Sec. 21.10. Indeed, a request to modify an amendment, when made by a 
  Member who is not the proponent thereof, is sometimes treated as a 
  motion to amend rather than as a unanimous-consent request. 99-1, Dec. 
  5, 1985, pp 34730, 34731.


        F. Effect of Adoption or Rejection; Changes After Adoption


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

                                 Generally

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

                          Effect of Inconsistency

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

            Amendments Negating Proposition Previously Adopted

      The Committee of the Whole may not amend a section of a bill 
  already passed during the reading. However, it may adopt an amendment 
  to a later section that has the effect of negating the provisions of 
  the earlier section because the Committee of the Whole may consider a 
  subsequent amendment which contradicts a proposition previously agreed 
  to. Deschler Ch 27 Sec. Sec. 29.20, 29.26.

                      Changes Following Amended Text

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

                         The ``Bigger Bite'' Rule

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

                   Effect of Special Orders of Business

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


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

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


  Sec. 40 . Effect of Adoption of Motions to Strike

                       Adoption of Motion to Strike

      A motion to strike a section of a bill, if adopted by the 
  Committee of the Whole, strikes the entire section including a 
  provision that was added as a perfecting amendment to that section. 
  Adoption by the Committee of the amendment striking the section 
  vitiates the Committee's prior adoption of perfecting amendments to 
  that section, and only the motion to strike is reported to the House. 
  Deschler Ch 27 Sec. Sec. 31.1, 31.2. The bill returns to the form as 
  originally introduced upon rejection by the House of the amendment 
  reported by Committee. Deschler Ch 27 Sec. 31.3. Where an amendment 
  has been adopted striking language in a bill, a perfecting amendment 
  to the stricken language comes too late and is not in order. Deschler 
  Ch 27 Sec. 31.9.
      Although it is not in order to reinsert precise language stricken 
  by amendment, an amendment similar but not identical to the stricken 
  language may be offered if germane to the pending portion of the bill. 
  Deschler Ch 27 Sec. 31.6. See also Manual Sec. 468; 5 Hinds 5760.

                  Adoption of Motion to Strike and Insert

      If an amendment to strike a portion of a bill and insert new 
  language is agreed to, a pending amendment proposing to strike the 
  same portion falls and is not voted on. Manual Sec. 469; Deschler Ch 
  27 Sec. Sec. 31.11, 31.12. When an amendment striking certain language 
  and inserting other provisions has been adopted, it is not in order to 
  further amend the provisions so inserted. Manual Sec. 469; Deschler Ch 
  27 Sec. 31.14.
      The adoption of a perfecting amendment to strike and insert does 
  not preclude the offering of another amendment to strike and insert 
  which goes beyond the changes made by the first amendment. Deschler Ch 
  27 Sec. 31.18; see also Sec. 38, supra. Similarly, although it is not 
  in order to perfect or reinsert language which has been stricken, an 
  amendment may be offered to insert new language if it is germane to 
  the bill and not identical to the language stricken. Deschler Ch 27 
  Sec. 31.7. However, if a motion to strike all after the first word of 
  text and insert a new provision is agreed to, the language thus 
  inserted cannot thereafter be amended. Deschler Ch 27 Sec. 31.14.


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

      The adoption of an amendment in the nature of a substitute ends 
  the amendment stage, and further amendments are not in order, 
  including pro forma amendments for debate. Deschler Ch 27 
  Sec. Sec. 32.1, 32.2, 32.22. Thus, absent a special order of business 
  to the contrary, the adoption of an amendment in the nature of a 
  substitute precludes the offering of another. Deschler Ch 27 
  Sec. 32.4. Debate having been closed, adoption of the amendment causes 
  the stage of amendment to be passed and amendments--though printed in 
  the Congressional Record--cannot thereafter be offered. Deschler Ch 27 
  Sec. 32.3.
      The adoption of an amendment in the nature of a substitute, as 
  amended by a substitute, precludes further amendment to the amendment 
  and to the bill. Deschler Ch 27 Sec. 32.8. When the substitute is 
  agreed to, the question occurs immediately on the amendment as amended 
  by the substitute, and further perfecting amendments to the amendment 
  (including pro forma amendments) are not then in order. Deschler Ch 27 
  Sec. 32.22.


  Sec. 42 . Amendments Pertaining to Monetary Figures

      When a specific amendment to a monetary figure in a bill has been 
  agreed to, further amendment of that specific sum is not in order. 
  Deschler Ch 27 Sec. Sec. 33.1-33.3; Manual Sec. 455. However, an 
  amendment inserted following the figure agreed upon and providing 
  funds ``in addition thereto'' is in order. Deschler Ch 27 Sec. 33.13. 
  An amendment adding a new section having the indirect effect of 
  changing amended amounts in the bill may also be in order. Deschler Ch 
  27 Sec. 33.10. In recent practice an amount in an appropriation bill 
  has been changed by inserting a parenthetical ``increased by'' or 
  ``decreased by'' after the amount rather than by directly changing the 
  figure in order to avoid such a point of order. Manual Sec. 455.
      Where the Committee of the Whole has adopted an amendment changing 
  the total figure in a paragraph of an appropriation bill, it is not in 
  order to further amend such figure. Deschler Ch 27 Sec. 33.9.
      Although it is not in order to offer an amendment merely changing 
  an amendment already adopted, it is in order to offer a subsequent 
  amendment more comprehensive than the amendment adopted, changing 
  unamended portions of the bill as well. Deschler Ch 27 Sec. 33.7 
  (note); Sec. 38, supra. Thus, after adoption of amendments changing 
  monetary figures in a bill, an amendment making a general percentage 
  reduction in all figures contained in the bill and indirectly 
  affecting those figures, is still in order. Deschler Ch 27 Sec. 33.10. 
  Likewise, the adoption of a perfecting amendment to a concurrent 
  resolution on the budget changing several figures would preclude 
  further amendment merely changing those amended figures but would not 
  preclude more comprehensive amendments changing other portions of the 
  resolution which had not been amended. Deschler Ch 27 Sec. 29.47.
      Members have offered ``fetch-back'' amendments to appropriation 
  bills, which are new paragraphs inserted at the end of the bill to 
  indirectly change amounts contained in previous paragraphs. ``Fetch-
  back'' amendments may be in order as long as the amendment is germane 
  to the portion of the bill to which offered and amounts only to a 
  reduction of funds contained in previous paragraphs. See, e.g., 106-1, 
  Aug. 5, 1999, pp 20143, 20144. However, a ``fetch-back'' amendment 
  indirectly increasing an amount contained in a prior paragraph must be 
  supported by an authorization in law. Such support is necessary 
  because the precedents that admit a germane perfecting amendment to an 
  unauthorized item permitted to remain deal with actual changes in the 
  figure permitted to remain and not with the insertion of new matter 
  beyond that permitted to remain. Manual Sec. 1058; see Appropriations.


  Sec. 43 . Effecting Changes by Unanimous Consent

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

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

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


  Sec. 44 . Amendments Previously Considered and Rejected

                                 Generally

      It is not in order to offer an amendment identical to one 
  previously rejected. Deschler Ch 27 Sec. Sec. 35.1, 35.2. However, an 
  amendment that raises the same question by the use of different 
  language may be admissible. Deschler Ch 27 Sec. 35. An amendment 
  similar but not identical to one previously rejected may be considered 
  if a substantive change has been made. Deschler Ch 27 Sec. Sec. 35.3, 
  35.4. Rejection of an amendment changing a figure in a bill does not 
  preclude the offering of a different amendment to that provision. 
  Deschler Ch 27 Sec. 35.21.
      An amendment in different form may be entertained even though its 
  effect may be similar to that of a rejected amendment. Deschler Ch 27 
  Sec. Sec. 35.11, 35.13. Thus, in one instance, after an amendment 
  containing a limitation on the use of funds in an appropriation bill 
  had been rejected, the Chair held that another amendment--containing a 
  similar limitation and also stating an exception from that 
  limitation--was not an identical amendment and therefore could be 
  offered. Deschler Ch 27 Sec. 35.18. Presiding officers have been 
  reluctant to rule out an amendment as dilatory merely because of its 
  similarity to one previously rejected. Deschler Ch 27 Sec. 35.7.
      A motion offered as a substitute for an amendment and rejected may 
  be offered again as a separate amendment. Deschler Ch 27 Sec. 35.8. 
  Similarly, a proposition offered as an amendment to an amendment and 
  rejected may be offered again, in identical form, as an amendment to 
  the bill. Deschler Ch 27 Sec. 35.9.
      A portion of a rejected amendment may be subsequently offered as a 
  separate amendment if presenting a different proposition. Thus, 
  rejection of an amendment consisting of two sections does not preclude 
  one of those sections being subsequently offered as a separate 
  amendment. Deschler Ch 27 Sec. 35.17.

                       Rejection of Motion to Strike

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

                      Rejection of En Bloc Amendments

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


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


  Sec. 45 . In General; Voting

                                 Generally

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

                 Kinds of Amendments Reported to the House

      Some amendments adopted in the Committee are not reported to the 
  House. Pursuant to a practice originating in the 19th Congress (1825), 
  the Committee reports amendments only in their perfected form. 4 Hinds 
  Sec. 4904; Deschler Ch 27 Sec. 36.1. Thus, if the Committee of the 
  Whole perfects a bill by adopting certain amendments and then adopts 
  an amendment striking those provisions and inserting a new text, only 
  the adopted motion to strike and insert is reported to the House. 
  Deschler Ch 27 Sec. Sec. 36.5, 36.13. Similarly, the adoption by the 
  Committee of an amendment striking a section of a bill vitiates the 
  Committee's prior adoption of perfecting amendments to that section, 
  so that only the motion to strike is reported to the House. Deschler 
  Ch 27 Sec. 31.2. However, when the bill is being considered under a 
  special order of business permitting separate consideration in the 
  House of any amendments adopted in the Committee, all amendments 
  adopted in the Committee are reported to the House, regardless of 
  their inconsistency. Deschler Ch 27 Sec. 36.13.

                         Demanding a Separate Vote

      Although the House may act at once on all the amendments to a bill 
  reported from the Committee of the Whole en gros, it is the right of 
  any Member to demand a separate vote on any reported first-degree 
  amendment. 4 Hinds Sec. Sec. 4893, 4894; 8 Cannon Sec. 2419. However, 
  a special order of business may prohibit a demand for separate votes 
  on sundry amendments, requiring all amendments to be acted upon en 
  gros. 111-1, June 24, 2009, p 16147. In the absence of a special order 
  of business providing therefor, a separate vote may not be had in the 
  House on an amendment to an amendment which has been adopted by the 
  Committee of the Whole. Deschler Ch 27 Sec. 36.6. This principle 
  precludes a separate vote in the House on an amendment to an amendment 
  in the nature of a substitute adopted in the Committee. Deschler Ch 27 
  Sec. 36.8. Because the Committee in reporting a bill with an amendment 
  to the House reports such amendment in its perfected form, it is not 
  in order in the House to have a separate vote upon each perfecting 
  amendment to the amendment that has been agreed to in the Committee 
  absent a special order of business providing to the contrary. Deschler 
  Ch 27 Sec. 36.
      A special order of business may, of course, provide for separate 
  votes on second-degree amendments. Deschler Ch 27 Sec. 36. However, 
  where separate votes are permitted, only those amendments reported to 
  the House from the Committee of the Whole are voted on; it is not in 
  order to demand a separate vote in the House on amendments rejected in 
  the Committee. Deschler Ch 27 Sec. 36.12. The House theoretically has 
  no information as to actions of the Committee of the Whole on 
  amendments not reported therefrom. Deschler Ch 27 Sec. 36.
      Where a special order of business permits a demand in the House 
  for a separate vote on an amendment adopted to an amendment in the 
  nature of a substitute for a bill reported from the Committee of the 
  Whole, the Speaker inquires whether a separate vote is demanded before 
  putting the question on the amendment in the nature of a substitute. 
  Deschler Ch 27 Sec. 36.14. A Member must demand the separate vote 
  before the question is taken on the substitute. Deschler Ch 27 
  Sec. 36.18. A demand in the House for a separate vote on an amendment 
  to the amendment comes too late after the amendment, as amended, has 
  been agreed to. Deschler Ch 27 Sec. 36.19.

                            En Bloc Amendments

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

                          Order of Consideration

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


  Sec. 46 . Effect of Rejection of Amendment

                                 Generally

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

                       Rejection of Motion to Strike

      Where the Committee of the Whole adopts perfecting amendments to 
  the language of a bill and then agrees to an amendment striking that 
  language, only the latter amendment is reported to the House. In the 
  event of its rejection by the House, the original language, and not 
  the perfected text, is before the House. Deschler Ch 27 
  Sec. Sec. 38.3, 38.8. However, the practice may be otherwise where the 
  House is operating under a special order of business allowing separate 
  votes in the House on any amendment adopted in the Committee of the 
  Whole. As indicated elsewhere (Sec. 45, supra), under such a rule all 
  amendments adopted in the Committee to the amendment are reported to 
  the House regardless of their inconsistency. The House may retain a 
  section as perfected in the Committee of the Whole by first adopting 
  on separate votes the perfecting amendments to the section and then 
  rejecting on a separate vote the motion to strike that section. 
  Deschler Ch 27 Sec. 38.11 (note).


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

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


                   H. Amendments to Titles and Preambles


  Sec. 48 . In General

                              Amending Titles

      Amendments to the title of a bill are not in order until after 
  passage of the bill, and are then voted upon without debate. Deschler 
  Ch 24 Sec. 9.4; Deschler Ch 27 Sec. 19.1; clause 6 of rule XVI. An 
  amendment in the Committee of the Whole proposing an amendment to the 
  title is not in order. Manual Sec. 922; Deschler Ch 27 Sec. 19.4. 
  Committee amendments to the title of a bill are automatically reported 
  by the Clerk after passage of the bill, although an amendment to a 
  committee amendment to the title may be offered from the floor. 
  Deschler Ch 27 Sec. 19.6.

                  Amending Preambles of Joint Resolutions

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

          Amending Preambles of Simple or Concurrent Resolutions

      Amendments to the preamble of a simple or concurrent resolution 
  are considered and voted on in the Committee of the Whole after 
  amendments to the body of the resolution. Amendments to the preamble 
  of such a resolution are voted on in the House after the resolution 
  has been adopted. 7 Cannon Sec. 1064; Deschler Ch 27 Sec. Sec. 19.11-
  19.13. In the House the previous question is ordered separately on the 
  preamble after adoption of the resolution if amendments to the 
  preamble are offered. Deschler Ch 24 Sec. 9.9. The motion for the 
  previous question may be applied at once to both a resolution and its 
  preamble. 105-2, Feb. 12, 1998, pp 1333, 1334.
  
                                 CHAPTER 3
                                  APPEALS

                              HOUSE PRACTICE

  Sec. 1. In General; Forms
  Sec. 2. When in Order
  Sec. 3. When Not in Order
  Sec. 4. Debate on Appeal
  Sec. 5. Motions
  Sec. 6. Withdrawal
  Sec. 7. Effect of Adjournment
        Research References
          5 Hinds Sec. Sec. 6877, 6938-6952
          8 Cannon Sec. Sec. 3435, 3452-3458
          Deschler-Brown Ch 31 Sec. 13
          Manual Sec. Sec. 379, 627-629, 641, 884, 902, 903

  Sec. 1 . In General; Forms

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

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

      An appeal is debatable but is subject to the motions for the 
  previous question and to table in the House. Sec. Sec. 4, 5, infra. In 
  the Committee of the Whole, an appeal is subject to the motion to 
  limit debate and to rise and close debate in the House. Manual 
  Sec. 629.
      The vote on an appeal may be taken by record vote. 98-2, June 26, 
  1984, p 18861. A majority vote sustains the ruling. Manual Sec. 971. 
  The weight of precedent indicates that a tie vote (especially where 
  the Chair has not voted to make the tie) sustains the ruling as well. 
  4 Hinds Sec. 4569; 5 Hinds Sec. 6957. The Chair may vote to make or 
  break a tie and may cast a vote in favor of the decision. 4 Hinds 
  Sec. 4569; 5 Hinds Sec. Sec. 5686, 6956. An appeal from a ruling of 
  the Chair goes only to the propriety of the ruling; the vote thereon 
  should not be interpreted as a vote on the merits of the issue at 
  hand. Deschler-Brown Ch 31 Sec. 13.2.


  Sec. 2 . When in Order

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

     The priority of business. 5 Hinds Sec. 6952.
     Whether a certain resolution gives rise to a question of 
         privilege. Manual Sec. 713.
     The propriety of an exhibit. Manual Sec. 622.
     Whether a Member has engaged in personalities in debate. 
         Manual Sec. 622.
     Whether a Member has embellished a unanimous-consent request 
         with improper debate. 113-1, July 11, 2013, p__.

      An appeal may also be taken from the ruling of the chair of the 
  Committee of the Whole on a question of order. Manual Sec. 971. For 
  example, an appeal may be taken from a ruling of the Chair on the 
  germaneness of an amendment or that an amendment proposes to change a 
  portion of the bill already passed in the reading. Deschler-Brown Ch 
  31 Sec. 13.7; 105-1, Sept. 25, 1997, 20181.


  Sec. 3 . When Not in Order

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

     Chair's decision on recognition. 2 Hinds Sec. Sec. 1425-1428; 
         8 Cannon Sec. Sec. 2429, 2646, 2762.
     Chair's decision on dilatoriness of motions. 5 Hinds 
         Sec. 5731.
     Chair's count of the number demanding tellers, a recorded 
         vote, or the yeas and nays. Manual Sec. 629; 8 Cannon 
         Sec. 3105.
     Chair's call of a voice vote. Manual Sec. 629.
     Chair's refusal to recapitulate a vote. 8 Cannon Sec. 3128.
     Chair's count of a quorum. Manual Sec. 629.
     Chair's determination that a Member's time in debate has 
         expired. Manual Sec. 629.
     Chair's determination that a unanimous-consent request has 
         been objected to. 113-1, July 11, 2013, p__ (although the 
         Chair's ruling on the timeliness of an objection is subject to 
         appeal. 109-1, Apr. 14, 2005, pp 6393, 6394).
     Chair's response to a parliamentary inquiry. 5 Hinds 
         Sec. 6955; 8 Cannon Sec. 3457; Manual Sec. 629.
     Chair's announcement of an adjustment to the whole number of 
         the House. Clause 5(d) of rule XX.
     Chair's announcement of the content of a catastrophic quorum 
         failure report by the Sergeant-at-Arms (or a designee). Clause 
         5(c)(5) of rule XX.

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

                       Untimely or Dilatory Appeals

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

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


  Sec. 4 . Debate on Appeal

      Appeals are customarily subject to debate, both in the House and 
  the Committee of the Whole (8 Cannon Sec. Sec. 3453-3455). However, 
  debate is not in order on an appeal from a ruling of the Chair on the 
  priority of business (clause 6 of rule XIV; 5 Hinds Sec. 6952) or on a 
  ruling as to the relevancy of debate (5 Hinds Sec. Sec. 5056-5063).
      Debate in the House on an appeal is under the hour rule but may be 
  closed at any time by the adoption of a motion for the previous 
  question or to lay on the table. Manual Sec. 629. Debate on an appeal 
  in the Committee of the Whole is under the five-minute rule and may be 
  closed by the adoption of a motion to close debate or to rise and 
  report. 5 Hinds Sec. Sec. 6947, 6950; 8 Cannon Sec. Sec. 2347, 3453-
  3455.
      Members may speak only once on appeal, unless by permission of the 
  House, the Chair alternating between those favoring and those 
  opposing. Manual Sec. 627; 8 Cannon Sec. 3455.
      It is not in order while debating an appeal to discuss the merits 
  of the proposition under consideration at the time the decision was 
  made. 5 Hinds Sec. 5055.


  Sec. 5 . Motions

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

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


  Sec. 6 . Withdrawal

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


  Sec. 7 . Effect of Adjournment

      An appeal pending at adjournment ordinarily comes up for 
  consideration on the next legislative day. 5 Hinds Sec. 6945. However, 
  an appeal pending at adjournment on a day set apart for Private 
  Calendar business and related to private business goes over to the 
  next day provided for consideration of business on the Private 
  Calendar. Where the House has adjourned and reconvened to meet again 
  on the same calendar day and the call of the Private Calendar is still 
  in order, the appeal comes up as unfinished business. 97-1, Nov. 17, 
  1981, pp 27772, 27773.
                                 CHAPTER 4
                              APPROPRIATIONS

                              HOUSE PRACTICE

                              I. Introductory

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

                      II. General Appropriation Bills

              A. Introductory

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

              B. Authorization of Appropriation

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

              C. Authorization for Particular Purposes or Programs

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

              D. Authorization for Public Works

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

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

              A. Generally

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

              B. Changing Prescribed Funding

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

              C. Changing Executive Duties or Authority

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

              D. The Holman Rule; Retrenchments

  Sec. 46. In General; Retrenchment of Expenditures
  Sec. 47. Germaneness Requirements; Application to Funds in Other Bills
  Sec. 48. Reporting Retrenchment Provisions
  Sec. 49. Floor Consideration; Who May Offer

              IV. Limitations on General Appropriation Bills

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

                            V. Reappropriations

  Sec. 60. In General

                  VI. Reporting; Consideration and Debate

              A. Generally

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

              B. Senate Amendments

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

                     VII. Other Appropriation Measures

  Sec. 72. In General; Continuing Appropriations
  Sec. 73. Supplemental Appropriations
  Sec. 74. Appropriations for a Single Agency
  Sec. 75. Consideration of Other Appropriation Measures

                 VIII. Appropriations in Legislative Bills

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

                              I. Introductory


  Sec. 1 . In General; Constitutional Background

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


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

      Under article I, section 7, clause 1 of the Constitution, it is 
  exclusively the prerogative of the House to originate ``revenue'' 
  bills. That clause provides:
      All Bills for raising Revenue shall originate in the House of 
    Representatives; but the Senate may propose or concur with 
    Amendments as on other Bills.

      The House has traditionally taken the view that this prerogative 
  encompasses the sole power to originate all general appropriation 
  bills. Deschler Ch 25 Sec. 13. On more than one occasion, the House 
  has returned to the Senate a Senate bill or joint resolution 
  appropriating money on the ground that it invaded the prerogatives of 
  the House. Deschler Ch 13 Sec. Sec. 20.2, 20.3. In 1962, when the 
  Senate passed a joint resolution continuing funds for the Department 
  of Agriculture, the House adopted a resolution declaring that the 
  Senate's action violated article I, section 7 of the Constitution and 
  was an infringement of the privileges of the House. Deschler Ch 13 
  Sec. 20.2. In support of the view that the House has the sole power to 
  originate appropriation bills, it has been noted that at the time of 
  the adoption of the Constitution the phrase ``raising revenue'' was 
  equivalent to ``raising money and appropriating the same.'' S. Doc. 
  62-872.


  Sec. 3 . Definitions; Kinds of Appropriation Measures

                                 Generally

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

                        Types of Appropriation Acts

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

     General appropriation bills provide budget authority to 
         departments and agencies, usually for a specified fiscal year. 
         Today, there are 12 regular appropriation Acts for each fiscal 
         year. See Sec. 6, infra.
     A supplemental appropriation is an Act appropriating funds in 
         addition to those in the 12 regular annual appropriation Acts. 
         Supplemental appropriations provide additional budget authority 
         beyond the original estimates for an agency or program. Such a 
         bill may be used after the fiscal year has begun to provide 
         additional funding. Supplemental bills also may be general 
         bills within the meaning of rules XIII and XXI if covering more 
         than one agency. See Sec. 73, infra.
     A special appropriation provides funds for one government 
         agency, program, or project. See Sec. 74, infra.
     Continuing appropriations--also known as continuing 
         resolutions--provide temporary funding for agencies or programs 
         that have not received a regular appropriation by the start of 
         the fiscal year. They are used to permit agencies to continue 
         to function and to operate their programs until their regular 
         appropriations become law. Continuing resolutions are usually 
         of short duration, but they have been used to fund agencies or 
         departments for an entire fiscal year. See Sec. 72, infra.

         Privileged and Nonprivileged Appropriations Distinguished

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

      Member: M_. Speaker, by direction of the Committee on 
    Appropriations, I submit a privileged report for filing under the 
    rule.
      Speaker: The Clerk will report the title. [After Clerk reports 
    title.] Referred to the Union Calendar and ordered printed. Pursuant 
    to clause 1 of rule XXI, all points of order are reserved.

      Note: For a discussion of reserving points of order on 
  appropriation bills, see Sec. 65, infra.


  Sec. 4 . Committee and Administrative Expenses

                                 Generally

      Funding for House committees is provided by resolutions that 
  allocate resources made available to the House in certain accounts in 
  annual Legislative Branch Appropriation Acts. Authorization for 
  payment may be obtained pursuant to clause 6 of rule X, which provides 
  detailed provisions for the consideration of a primary expense 
  resolution and for subsequent supplemental expense resolutions. With 
  the exception of the Committee on Appropriations, the rule applies to 
  ``any committee, commission, or other entity.'' Manual Sec. 763; see 
  generally Committees.
      Under clause 1(b) of rule XI, the authority of all committees, and 
  other entities, to incur expenses, including travel expenses, is made 
  contingent upon adoption by the House of expense resolutions as 
  required under clause 6 of rule X.
      Appropriations from accounts for committee salaries and other 
  administrative expenses of the House are under the jurisdiction of the 
  Committee on House Administration. Clause 1(k) of rule X; Manual 
  Sec. 724. A resolution reported by that committee providing for such 
  an expenditure may be called up as privileged under clause 5(a) of 
  rule XIII. Such a resolution, if not reported by the committee, may be 
  called up and agreed to by unanimous consent or by a motion to suspend 
  the rules. 111-2, Feb. 2, 2010, p 1027. In recent years the 
  resolution, although reported as privileged, has been considered under 
  a special order of business (105-1, Mar. 21, 1997, p 4672), under 
  suspension of the rules (109-1, Apr. 27, 2005, p 7990) and by 
  unanimous consent (112-1, Mar. 17, 2011, pp 4364, 4365.).


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

      There are three processes by which Congress allocates the fiscal 
  resources of the Federal government. There is an authorization process 
  under which Federal programs are created, modified, and extended in 
  response to national needs. There is an appropriations process that 
  provides funding for these programs. The congressional budget process, 
  which may place spending ceilings on budget authority and outlays for 
  a fiscal year and otherwise provides a mechanism for allocating 
  Federal resources among competing government programs, interacts with 
  and shapes the other phases. The budget process is treated separately 
  in this work. See Budget Process.
      In the authorization process, the legislative committees establish 
  program objectives and may set dollar ceilings on the amounts that may 
  be appropriated. Once this authorization process is complete for a 
  particular program or department, the Committee on Appropriations 
  recommends the actual level of ``budget authority,'' which allows 
  Federal agencies to enter into obligations. The House may decline to 
  appropriate funds for particular purposes, even though authorization 
  has been enacted. Deschler Ch 25 Sec. 2.1.
      As a general rule, the authorization and appropriation stages 
  should be kept separate. With certain exceptions, authorization bills 
  should not contain appropriations (Sec. 76, infra), and, again with 
  certain exceptions, appropriation bills should not contain 
  authorizations (Sec. 27, infra). This general rule is complicated by 
  the fact that some budget authority becomes available as the result of 
  previously enacted legislation and does not require current action by 
  Congress. Examples include the various trust funds for which the 
  obligational authority is already provided in law. See Sec. 9, infra. 
  This general rule is further complicated by the fact that Congress may 
  combine authorizations and appropriations into ``omnibus'' or 
  ``consolidated'' bills at the end of a fiscal year. In addition, some 
  spending, sometimes referred to as direct spending, is controlled 
  outside of the annual appropriations process. It is composed of 
  entitlement and other mandatory spending programs. Such programs are 
  either funded by provisions of the permanent laws that created them or 
  by annual appropriation Acts providing liquidating cash or other funds 
  mandated by law. See Budget Process. Moreover, the authorization for a 
  program may be derived not from a specific law providing authority for 
  that particular program but from more general existing law--
  ``organic'' law--mandating or permitting such programs. Thus, a 
  paragraph in a general appropriation bill purportedly containing funds 
  not yet specifically authorized by separate legislation was upheld 
  where it was shown that all of the funds in the paragraph were 
  authorized by more general provisions of law currently applicable to 
  the programs in question. Manual Sec. 1045.

                      II. General Appropriation Bills


                              A. Introductory


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

      Today, much of the Federal government is funded through the annual 
  enactment of 12 regular appropriation bills. The subjects of these 
  bills are determined by and coincide with the subcommittee 
  jurisdictional structure of the Committee on Appropriations. Typically 
  the 12 regular appropriation bills are identified as:

     Agriculture, Rural Development, Food and Drug Administration, 
         and related agencies.
     Commerce, Justice, Science, and related agencies.
     Defense.
     Energy and Water Development.
     Financial Services and General Government.
     Homeland Security.
     Interior, Environment, and related agencies.
     Labor, Health and Human Services, Education, and related 
         agencies.
     Legislative Branch.
     Military Construction, Veterans Affairs, and related agencies.
     State, Foreign Operations, and related agencies.
     Transportation, Housing and Urban Development, and related 
         agencies.

      The question as to what constitutes a general appropriation bill 
  is important because clause 2 of rule XXI, which precludes 
  unauthorized appropriations and legislation in appropriation bills 
  applies only to general appropriation bills. Manual Sec. 1044; 
  Deschler Ch 26 Sec. 1.1; Sec. 27, infra. The 12 regular appropriation 
  bills and measures providing supplemental appropriations to two or 
  more agencies are general appropriation bills. Deschler Ch 25 Sec. 6; 
  Deschler Ch 26 Sec. 1.3.
      Measures that have been held not to constitute a general 
  appropriation bill include:

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


  Sec. 7 . The Restrictions of Clause 2 of Rule XXI

                                 Generally

      Clause 2 of rule XXI contains two restrictions relative to 
  appropriation bills reported by the Committee on Appropriations: it 
  (1) prohibits the inclusion in general appropriation bills of 
  ``unauthorized'' appropriations, except for works in progress, and (2) 
  prohibits provisions ``changing existing law''--usually referred to as 
  ``legislation on an appropriation bill''--except for provisions that 
  retrench expenditures under certain conditions, and except for 
  rescissions of amounts provided in appropriation Acts. Manual 
  Sec. Sec. 1036, 1038. The ``retrenchment'' provision is known as the 
  Holman rule and is discussed in section 46, infra.
      In practice, the concepts ``unauthorized appropriations'' and 
  ``legislation on general appropriation bills'' sometimes have been 
  applied almost interchangeably as grounds for making points of order 
  pursuant to clause 2 of rule XXI. This occurs because an appropriation 
  made without prior authorization has, in a sense, the effect of 
  legislation, particularly in view of rulings of long standing that a 
  ``proposition changing existing law'' may be construed to include the 
  enactment of a law where none exists. Deschler Ch 26 Sec. 1; see also 
  Sec. 28, infra. The two concepts are treated separately in this 
  chapter, however, because they derive from different paragraphs of 
  clause 2 of rule XXI and constitute distinct restrictions on the 
  authority of the Committee on Appropriations. Manual Sec. Sec. 1036, 
  1038.

                            Enforcement of Rule

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


  Sec. 8 . Committee Jurisdiction and Functions

                                 Generally

      Today, under clause 1(b) of rule X the Committee on Appropriations 
  has jurisdiction over appropriations, including general appropriation 
  bills. Manual Sec. 716. Special Presidential messages on rescissions 
  and deferrals of budget authority submitted pursuant to sections 1012 
  and 1013 of the Impoundment Control Act of 1974, as well as rescission 
  bills as defined in section 1011, are referred to the Committee on 
  Appropriations if the proposed rescissions or deferrals involve funds 
  already appropriated or obligated. Manual Sec. 717. For a discussion 
  of impoundments generally, see Budget Process. In the 114th Congress, 
  the committee was given jurisdiction over certain legislation relating 
  to direct loan guarantees and commitments. 114-1, Jan. 6, 2015, p__.
      Under the Congressional Budget Act of 1974, the committee was 
  given jurisdiction over rescissions of appropriations, transfers of 
  unexpended balances, and the amount of new spending authority to be 
  effective for a fiscal year. Clause 1(b) of rule X; Manual Sec. 716.

                             Committee Reports

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


  Sec. 9 . Duration of Appropriation

                           Annual Appropriations

      The most common form of appropriation provides budget authority 
  for a single fiscal year. All of the 12 regular appropriation bills, 
  for example, are annual, although certain accounts may ``remain 
  available until expended.'' Where a bill provides budget authority for 
  a single fiscal year, the funds have to be obligated during the fiscal 
  year for which they are provided. The funds lapse if not obligated by 
  the end of that year. Indeed, unless an Act provides that a particular 
  fund shall be available beyond the fiscal year, appropriations are 
  made for one year only and any unused funds automatically go back into 
  the Treasury at the end of the current fiscal year. Norcross v. United 
  States, 142 Ct. Cl. 763 (1958).
      An appropriation in a regular appropriation Act may be construed 
  to be permanent or available continuously only if the appropriation 
  expressly provides that it is available after the fiscal year covered 
  by the law in which it appears, or unless the appropriation is for 
  certain purposes such as public buildings. 31 USC Sec. 1301.
      The fiscal year for the Federal government begins on October 1 and 
  ends on September 30. The fiscal year is designated by the calendar 
  year in which it ends.

                         Multi-year Appropriations

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

                         Permanent Appropriations

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


                     B. Authorization of Appropriation


  Sec. 10 . In General; Necessity of Authorization

                                 Generally

      Clause 2(a) of rule XXI prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  ``public works and objects that are already in progress.'' Manual 
  Sec. 1036. The House may, however, waive this rule. See Sec. Sec. 67, 
  68, infra.

                  Authorization to Precede Appropriation

      The enactment of authorizing legislation must occur before, and 
  not following, the consideration of an appropriation for the proposed 
  purpose. Thus, delaying the availability of an appropriation pending 
  enactment of an authorization will not protect that appropriation 
  against a point of order. Deschler Ch 26 Sec. 7.3. A bill may not 
  permit a portion of a lump sum--unauthorized at the time the bill is 
  being considered--to subsequently become available; a further 
  appropriation upon the enactment of authorizing legislation would be 
  needed. Deschler Ch 25 Sec. 2. Likewise an appropriation will not be 
  permitted that is conditioned on a future authorization. Deschler Ch 
  26 Sec. Sec. 7.2, 47.4. However, where lump sums are involved, 
  language that limits use of an appropriation to programs ``authorized 
  by law'' or that permits expenditures ``within the limits of the 
  amount now or hereafter authorized to be appropriated,'' has been held 
  to insulate the provision against the point of order. Deschler Ch 26 
  Sec. 7.10 (note).
      The requirement that the authorization precede the appropriation 
  is satisfied if the authorizing legislation has been enacted into law 
  between the time the appropriation bill is reported and the time it is 
  considered in the Committee of the Whole. Deschler Ch 25 Sec. 2.21. A 
  lapsed authorization, however, is not one ``previously authorized'' 
  under the language of the rule. 112-2, June 27, 2012, p__.
      It should be emphasized that the rule applies to general 
  appropriation bills. A joint resolution containing continuing 
  appropriations is not considered a general appropriation bill within 
  the purview of the rule, despite inclusion of diverse appropriations 
  that are not continuing in nature. Deschler Ch 25 Sec. 2.


  Sec. 11 . Duration of Authorization

                            Generally; Renewals

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


  Sec. 12 . Sufficiency of Authorization

                                 Generally

      The term ``authorized by law'' in clause 2 of rule XXI is 
  ordinarily construed as a ``law enacted by the Congress.'' Manual 
  Sec. 1036. Statutory authority for the appropriation must exist. 
  Deschler Ch 25 Sec. 2.3. It has been held, for example, that a bill 
  passed by both Houses but not signed by the President or returned to 
  the originating House is insufficient authorization to support an 
  appropriation. 92-1, May 11, 1971, p 14471. Similarly, an executive 
  order does not constitute sufficient authorization in the absence of 
  proof of its derivation from a statute enacted by Congress. Deschler 
  Ch 26 Sec. 7.7. On the other hand, sufficient authorization for an 
  appropriation may be found to exist in a treaty that has been 
  ratified. 4 Hinds Sec. 3587; Deschler Ch 26 Sec. 17.9. Sufficient 
  authorization also may be found in legislation contained in a previous 
  appropriation Act that has become permanent law. Deschler Ch 25 
  Sec. 2.5.

       Authorization From Specific Statutes or General Existing Law

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

                Effect of Prior Unauthorized Appropriations

      An appropriation for an object unauthorized by law, however 
  frequently made in former years, does not warrant similar 
  appropriations in succeeding years, unless the program in question 
  falls into the category of a continuation of work in progress, or 
  unless authorizing legislation in a previous appropriation Act has 
  become permanent law. Manual Sec. Sec. 1036, 1045; 7 Cannon Sec. 1150; 
  Sec. 25, infra.

                Incidental Expenses; Implied Authorizations

      A general grant of authority to an agency or program may be found 
  sufficiently broad to authorize items or projects that are incidental 
  to carrying out the purposes of the basic law. Deschler Ch 25 
  Sec. 2.10. An amendment proposing appropriations for incidental 
  expenses that contribute to the main purpose of carrying out the 
  functions of the department for which funds are being provided in the 
  bill is generally held to be authorized by law. Deschler Ch 26 
  Sec. 7.15. For example, appropriations for certain travel expenses for 
  the Secretary of Agriculture were held authorized by law as necessary 
  to carry out the basic law setting up that department. Deschler Ch 25 
  Sec.  2.10.
      On the other hand, where the authorizing law authorizes a lump-sum 
  appropriation and confers broad discretion on an executive in 
  allotting funds, an appropriation for a specific purpose may be ruled 
  out as inconsistent therewith. Deschler Ch 26 Sec. 15.5 (note); see 
  also 105-1, Sept. 8, 1997, p 18042. The appropriation of a lump sum 
  for a general purpose having been authorized, a specific appropriation 
  for a particular item included in such general purpose may be a 
  limitation on the discretion of the executive charged with allotment 
  of the lump sum and not in order on the appropriation bill. 7 Cannon 
  Sec. 1452. Such a limitation also may be ruled out on the ground that 
  it is ``legislation'' on an appropriation bill. See Sec. 43, infra. An 
  appropriation to pay a judgment awarded by a court is in order if such 
  judgment has been properly certified to Congress. Deschler Ch 25 
  Sec. 2.2.


  Sec. 13 . Proof of Authorization; Burden of Proof

                         Burden of Proof Generally

      Under House practice, those upholding an item of appropriation 
  have the burden of showing the law authorizing it. 4 Hinds Sec. 3597; 
  7 Cannon Sec. Sec. 1179, 1276. Thus, a point of order having been 
  raised, the burden of proving the authorization for language carried 
  in an appropriation bill falls on the proponents and managers of the 
  bill, who must shoulder this burden of proof by citing statutory 
  authority for the appropriation. Deschler Ch 25 Sec. 9.5; Deschler Ch 
  26 Sec. 9.4. The Chair may overrule a point of order upon citation to 
  an organic statute creating an agency, absent any showing that such 
  law has been repealed or amended to require specific annual 
  authorizations. Deschler Ch 26 Sec. 9.6; see also Sec. 27, infra.

                      Burden of Proof as to Amendment

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

                   Evidence of Compliance with Condition

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


  Sec. 14 . Increasing Budget Authority

                    Increases within Authorized Limits

      Authorizing legislation may place a ceiling on the amount of 
  budget authority that can be appropriated for a program or may 
  authorize the appropriation of ``such sums as are necessary.'' Absent 
  restrictions imposed by the budget process or separate order of the 
  House, it is in order to increase the appropriation in an 
  appropriation bill for a purpose authorized by law if such increase 
  does not exceed the amount authorized for that purpose. Deschler Ch 25 
  Sec. Sec. 2.13, 2.15. An amendment proposing simply to increase an 
  appropriation for a specific purpose over the amount carried in the 
  appropriation bill does not constitute a change in law unless such 
  increase is in excess of that authorized. Deschler Ch 25 Sec. 2.14. An 
  amendment changing the figure in the bill to the full amount 
  authorized does not violate clause 2 of rule XXI. Deschler Ch 25 
  Sec. 2.16. Likewise, if the authorization does not place a cap on the 
  amount to be appropriated, an amendment increasing the amount of the 
  appropriation for items included in the bill is in order. Deschler Ch 
  25 Sec. 11.16. In the 115th Congress, clause 2(g) was added to rule 
  XXI, codifying a point of order previously enforced as a separate 
  order of the House since the 112th Congress. Such point of order lies 
  against any amendment increasing budget authority in a general 
  appropriation bill. 115-1, H. Res. 5, Jan. 3, 2017, p__; 112-1, H. 
  Res. 5, Jan. 5, 2011, p 80. Manual Sec. 1063b.

                 Increases in Excess of Amount Authorized

      An appropriation in excess of the specific amount authorized by 
  law may be in violation of clause 2 of rule XXI, the rule prohibiting 
  unauthorized appropriations. Deschler Ch 26 Sec. 21. Thus, where 
  existing law limited annual authorizations of appropriations for 
  incidental expenses of a program to $7,500, an appropriation for 
  $10,000 was held to be unauthorized and was ruled out on a point of 
  order. 94-1, Sept. 30, 1974, p 30981.
      The rule that an appropriation bill may not provide budget 
  authority in excess of the amount specified in the authorizing 
  legislation has also been applied to:

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

                             Waiver of Ceiling

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

           C. Authorization for Particular Purposes or Programs


  Sec. 15 . In General

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

     Appropriations for fiscal year 1979 for the Department of 
         Justice and its related agencies. Deschler Ch 26 Sec. 18.3.
     An appropriation for expenses incident to the special 
         instruction and training of United States attorneys and United 
         States marshals, their assistants and deputies, and United 
         States commissioners. Deschler Ch 26 Sec. 18.1.
     An appropriation for Coast Guard acquisitions, construction, 
         research, development, and evaluation. 95-1, June 8, 1977, pp 
         17945, 17946.
     An appropriation for the U.S. Customs Service air interdiction 
         program. 98-2, June 21, 1984, pp 17685-87.
     An appropriation for liquidation of contract authority to pay 
         costs of certain subsidies granted by the Maritime 
         Administration. 92-1, June 24, 1971, p 21901.
     A provision permitting the Secretary of Labor and the 
         Secretary of Health, Education, and Welfare to use funds for 
         official reception and representation expenses. Deschler Ch 26 
         Sec. 20.19.
     A provision making funds available for distribution of 
         radiological instruments and detection devices to states by 
         loan or grant for civil defense purposes. Deschler Ch 26 
         Sec. 20.1.
     A provision making funds available for reimbursements of 
         government employees for use by them of their privately owned 
         automobiles on official business. Deschler Ch 26 Sec. 20.6.
     An appropriation for the American Revolution Bicentennial 
         Commission. 91-2, May 19, 1970, p 16165.
     An appropriation for the National Cancer Institute where a 
         lapsed periodic authorization scheme had preempted reliance on 
         an organic statute as the source of authorization. 105-1, Sept. 
         9, 1997, p 18197.
     An appropriation for the President to meet ``unanticipated 
         needs.'' Manual Sec. 1045.

      The rulings cited in this division illustrate the application of 
  the rule requiring appropriations to be based on prior authorization 
  and are thus dependent on the state of current law at the time the 
  appropriation is considered.


  Sec. 16 . Agricultural Programs

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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


  Sec. 17 . Programs Relating to Business or Commerce

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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


  Sec. 18 . Defense Programs

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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


  Sec. 19 . Funding for the District of Columbia

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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


  Sec. 20 . Interior or Environmental Programs

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

     An appropriation to enable the EPA to obtain reports as to the 
         probable adverse effect on the economy of certain Federal 
         environmental actions. Deschler Ch 26 Sec. 15.1.
     An appropriation to the EPA to establish an independent review 
         board to review the priorities of the agency. Deschler Ch 26 
         Sec. 15.2.
     A provision authorizing the Secretary of the Interior, in 
         administering the Bureau of Reclamation, to contract for 
         medical services for employees and to make certain payroll 
         deductions. Deschler Ch 26 Sec. 15.9.
     An appropriation for the Division of Investigations in the 
         Department of the Interior, to be expended under the direction 
         of the Secretary, to meet unforeseen emergencies of a 
         confidential character. Deschler Ch 26 Sec. 15.12.
     An appropriation ``out of the general funds of the Treasury'' 
         (and not the reclamation fund) for investigations of proposed 
         Federal reclamation projects. Deschler Ch 26 Sec. 15.28.
     A provision requiring that part of an appropriation for 
         general wildlife conservation be earmarked expressly for the 
         leasing and management of land for the protection of the 
         Florida Key deer. Deschler Ch 26 Sec. 15.5.
     An appropriation for the National Power Policy Committee to be 
         used by the committee in the performance of functions 
         prescribed by the President. Deschler Ch 26 Sec. 15.7.


  Sec. 21 . Programs Relating to Foreign Affairs

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

     An amendment to earmark part of the appropriation for the 
         United States Information Agency to provide facilities for the 
         translation and publication of books and other printed matter 
         in various foreign languages. Deschler Ch 26 Sec. 17.7.
     Appropriations for incidental and contingent expenses in the 
         consular and diplomatic service. 4 Hinds Sec. 3609.
     An appropriation for the Foreign Service Auxiliary. Deschler 
         Ch 26 Sec. 17.14.
     An appropriation for the salary of a particular U.S. minister 
         to a foreign country where the Senate had not confirmed the 
         appointee. Deschler Ch 26 Sec. 17.17.
     An amendment providing funds for acquisition of sites and 
         buildings for embassies in foreign countries. 4 Hinds 
         Sec. 3606.


  Sec. 22 . Legislative Branch Funding

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

                              Held Authorized

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

                         Ruled Out as Unauthorized

     An increase in the total amount for salaries of Members beyond 
         that authorized. Deschler Ch 26 Sec. 21.2.
     An allowance payable to the attending physician of the 
         Capitol. 86-2, May 17, 1960, p 10447.
     Funds for a parking lot for the use of Members and employees 
         of Congress. Deschler Ch 26 Sec. 20.3.
     Funds for employment by the Committee on Appropriations of 50 
         qualified persons to investigate and report on the progress of 
         certain contracts entered into by the United States. Deschler 
         Ch 26 Sec. 20.2.


  Sec. 23 . Salaries and Related Benefits

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

                         Ruled Out as Unauthorized

     Funds for necessary expenses for a designated number of 
         officers on the active list of an agency. 98-2, May 31, 1984, p 
         14590.
     Funds for salaries and expenses of the Commission on Civil 
         Rights above the amount authorized by existing law for that 
         purpose. 92-1, June 24, 1971, p 21902.
     Funds for salaries and expenses of additional inspectors in 
         the U.S. Customs Service. 98-2, Aug. 1, 1984, pp 21904, 21905.
     A salary of $10,000 per year for the wife of the President for 
         maintaining the White House. Deschler Ch 26 Sec. 20.13.
     An appropriation for the salary of a particular U.S. minister 
         to a foreign country where the Senate had not confirmed the 
         appointee. Deschler Ch 26 Sec. 17.17.


                     D. Authorization for Public Works


  Sec. 24 . In General

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

                      Held Authorized by Existing Law

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

                         Ruled Out as Unauthorized

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


  Sec. 25 . Works in Progress

      Clause 2(a) of rule XXI, the rule that bars appropriations not 
  previously authorized in law, provides for an exception for 
  appropriations for ``public works and objects that are already in 
  progress.'' Manual Sec. 1036. Thus, when the construction of a public 
  building has commenced and there is no limit on cost, further 
  appropriations may be made under the exception for works in progress. 
  Deschler Ch 26 Sec. 8.1. The exception for works in progress under 
  rule XXI may apply even though the original appropriation for the 
  project was unauthorized. 7 Cannon Sec. 1340; Deschler Ch 26 Sec. 8.2. 
  It does not apply to projects whose authorization has lapsed. 111-2, 
  June 27, 2012, p__.
      Historically, the works-in-progress exception has been applied 
  only to projects funded from the general fund of the Treasury for 
  which no authorization has been enacted. It does not apply to projects 
  funded from other sources, such as the Highway Trust Fund. 103-1, 
  Sept. 22, 1993, p 22138; 103-1, Sept. 23, 1993, pp 22172, 22173, 
  22174, 22175-77. It does not apply to language changing existing law 
  by extending the authorized availability of funds or in contravention 
  of law restricting use of a special fund. An appropriation for 
  construction that is in violation of existing law, which exceeds the 
  limit fixed by law, or is governed by a lapsed authorization is not 
  permitted under the works-in-progress exception of rule XXI. Manual 
  Sec. 1048; 4 Hinds Sec. Sec. 3587, 3702; 7 Cannon Sec. 1332.
      The tendency of later decisions is to narrow the application of 
  the exception under clause 2(a) of rule XXI making in order 
  appropriations for works in progress. 7 Cannon Sec. 1333. The work in 
  question, to qualify under the rule, must have moved beyond the 
  planning stage. 7 Cannon Sec. 1336. To come within the terms of the 
  rule, it must be actually ``in progress,'' according to the usual 
  significance of those words, with actual work having been initiated. 4 
  Hinds Sec. 3706; Deschler Ch 26 Sec. 8.5. Merely selecting or 
  purchasing a site for the construction of a building is not 
  sufficient. 4 Hinds Sec. Sec. 3762, 3785. However, the fact that the 
  work has been interrupted--even for several years--does not prevent it 
  from qualifying under the works-in-progress exception of clause 2(a). 
  4 Hinds Sec. Sec. 3707, 3708.
      To establish that actual work has begun on the project, the Chair 
  may require some documentary evidence that work has been initiated. 
  Deschler Ch 26 Sec. 8.5. To this end, the Chair may consider a letter 
  from an executive officer charged with the duty of constructing the 
  project. Deschler Ch 26 Sec. 8.2. News articles merely suggesting that 
  work may have begun have been regarded as insufficient evidence that 
  work is in progress within the meaning of the rule. Deschler Ch 26 
  Sec. 8.7.


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

      The term ``works and objects'' in the exception to the rule 
  prohibiting unauthorized appropriations is construed as something 
  tangible, such as a building or road. 4 Hinds Sec. Sec. 3714, 3715; 
  see also Deschler Ch 26 Sec. 8. The term does not extend to projects 
  that are indefinite as to completion and intangible in nature, such as 
  the gauging of streams or an investigation. 4 Hinds Sec. Sec. 3714, 
  3715, 3719. The term does not extend to the ordinary duties of an 
  executive or administrative office. 4 Hinds Sec. Sec. 3709, 3713.
      Appropriations for extension or repair of an existing road (4 
  Hinds Sec. Sec. 3793, 3798), bridge (4 Hinds Sec. 3803), or public 
  building have been admitted as in continuation of a work (4 Hinds 
  Sec. Sec. 3777, 3778), although it is not in order as such to provide 
  for a new building in place of one destroyed (4 Hinds Sec. 3606). The 
  purchase of adjoining land for a work already established has been 
  admitted under this principle (4 Hinds Sec. Sec. 3766-3773), as well 
  as additions to or extensions of existing public buildings (4 Hinds 
  Sec. Sec. 3774, 3775). However, the purchase of a separate and 
  detached lot of land is not admitted. 4 Hinds Sec. 3776.
      Appropriations for new buildings as additional structures at 
  government institutions have sometimes been admitted (4 Hinds 
  Sec. Sec. 3741-3750), but propositions to appropriate for new 
  buildings that were not necessary adjuncts to the institution have 
  been ruled out (4 Hinds Sec. Sec. 3755-3759).
      Projects that have qualified as a work in progress under clause 
  2(a) of rule XXI include:

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

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

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

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


                               A. Generally


  Sec. 27 . The Restrictions of Clause 2 of Rule XXI

                     In General; Historical Background

      Almost continuously since the 44th Congress, the rules have 
  contained language forbidding the inclusion in general appropriation 
  bills of language ``changing existing law.'' In 1835, when it became 
  apparent that appropriation bills were being delayed because of the 
  intrusion of legislative matters, John Quincy Adams suggested the 
  desirability of a plan that such bills ``be stripped of everything but 
  the appropriations.'' 4 Hinds Sec. 3578.
      Today, clause 2 of rule XXI provides that, with two exceptions, 
  ``A provision changing existing law may not be reported in a general 
  appropriation bill . . .'' and that ``An amendment to a general 
  appropriation bill shall not be in order if changing existing law.'' 
  The exceptions set forth in clause 2(b) are for germane provisions 
  that change existing law in a way that would ``retrench'' 
  expenditures, and for rescissions of previously enacted 
  appropriations. Manual Sec. 1038; see Sec. 46, infra. However, 
  rescissions of appropriations must be reported by the Committee on 
  Appropriations, and will constitute legislation if included in an 
  amendment. 111-2, Mar. 24, 2010, p 4779.
      Language changing existing law in violation of rule XXI often is 
  referred to as ``legislation on an appropriation bill.'' Deschler Ch 
  26 Sec. 1. What ``legislation'' means in this context is a change in 
  an existing law that governs how appropriations may be used. A 
  statement of congressional policy or intent will likewise constitute 
  legislation. 111-1, July 9, 2009, p 17242; 101-2, Oct. 21, 1990, p 
  31709.
      Like the rule generally prohibiting unauthorized appropriations, 
  the restriction against legislating on general appropriation bills is 
  only enforced if a Member takes the initiative to enforce it by 
  raising a point of order. See Sec. 67, infra. Such a point of order 
  may be waived pursuant to various procedural devices. See Sec. 68, 
  infra.
      The rule against legislation in appropriation bills is limited to 
  general appropriation bills. Thus, a joint resolution merely 
  continuing appropriations for government agencies pending enactment of 
  the regular appropriation bills is not subject to the prohibitions in 
  clause 2 of rule XXI against legislative language. A point of order 
  under this rule does not apply to a special order of business reported 
  from the Committee on Rules ``self-executing'' the adoption in the 
  House of an amendment changing existing law. Manual Sec. 1044.

                           Construction of Rule

      The rule that forbids language in a general appropriation bill 
  that changes existing law is broadly construed. Deschler Ch 26 
  Sec. 64.23. The restriction is construed to apply not only to changes 
  in an existing statute but also to the enactment of law where none 
  exists, to language repealing existing law (Sec. 28, infra), to a 
  provision making changes in court interpretations of statutory law 
  (96-2, Aug. 19, 1980, p 21978), and to a proposition to change a rule 
  of the House (4 Hinds Sec. 3819). The fact that legislative language 
  may have been included in appropriation Acts in prior years and made 
  applicable to funds in those laws does not permit the inclusion in a 
  general appropriation bill of similar language. Manual Sec. 1054.
      Under clause 2(c) of rule XXI, the restriction against changing 
  existing law applies specifically to amendments to general 
  appropriation bills. Manual Sec. 1039. It follows that if a motion to 
  recommit with instructions constitutes legislation on an appropriation 
  bill, the motion is subject to a point of order. Deschler Ch 26 
  Sec. 1.4.

                              Burden of Proof

      Where a point of order is raised against a provision in a general 
  appropriation bill as constituting legislation in violation of clause 
  2 of rule XXI, the burden of proof is on the Committee on 
  Appropriations to show that the language is valid under the precedents 
  and does not change existing law. Deschler Ch 26 Sec. 22.30. 
  Provisions in the bill, described in the accompanying report as 
  directly or indirectly changing the application of existing law, are 
  presumably legislation in violation of clause 2 of rule XXI, in the 
  absence of further evidence offered by the committee. Deschler Ch 26 
  Sec. 22.27. Similarly, the proponent of an amendment against which a 
  point of order has been raised as constituting legislation on an 
  appropriation bill has the burden of proving that the amendment does 
  not change existing law. Manual Sec. 1044a; Deschler Ch 26 Sec. 22.29; 
  see also Sec. 13, supra.


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

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

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

      Note: Existing law may be repeated verbatim in an appropriation 
  bill, but the slightest change of the text causes it to be ruled out. 
  4 Hinds Sec. Sec. 3414, 3817; 7 Cannon Sec. Sec. 1391, 1394. An 
  amendment incorporating by reference other amendments that propose a 
  change in existing law will similarly be ruled out. 111-1, July 24, 
  2009, p 19225.

     A waiver of a provision of existing law. Manual Sec. 1056; 
         Deschler Ch 26 Sec. Sec. 24.5, 34.14, 34.15.

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

     The repeal of existing law. 7 Cannon Sec. 1403; Deschler Ch 26 
         Sec. Sec. 24.1, 24.7.
     The enactment of law where none exists.

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


  Sec. 29 . Imposing Contingencies and Conditions

                      Generally; Conditions Precedent

      Provisions making an appropriation contingent on a future event 
  are often presented in appropriation bills. Manual Sec. 1055. Such 
  contingencies may be phrased as conditions to be complied with, as in 
  ``funds shall be available when the Secretary has reported,'' or as 
  restrictions on funding, as in ``no funds until the Secretary has 
  reported.'' Similar tests are applied in both formulations in 
  determining whether the language constitutes legislation on an 
  appropriation bill: Is the contingency germane and does it change 
  existing law? Deschler Ch 26 Sec. 49.2. Does it impose new duties (for 
  example, to report) where none exists under law? See Sec. 31, infra.
      Precedents discussed in sections 29-31, relating to 
  ``conditions,'' could in many instances be cited under the discussion 
  in sections 50-59a, relating to ``limitations.'' Language imposing a 
  ``negative restriction'' on funds in the bill is not a proper 
  limitation if it creates new law or requires positive determinations 
  and actions where none exists in law. See Sec. Sec. 56, 59, infra.
      The proscription against changing existing law is applicable to 
  those instances in which the whole appropriation is made contingent 
  upon an event or circumstance as well as those in which the 
  disbursement to a particular participant is conditioned on the 
  occurrence of an event. Deschler Ch 26 Sec. Sec. 47, 48. The terms 
  ``unless,'' ``until,'' or ``provided,'' in an amendment or proviso are 
  clues that the language may contain a condition that is subject to a 
  point of order under clause 2(b) or (c) of rule XXI. Language that has 
  been ruled out pursuant to this rule include:

     An amendment providing that funds shall not be available for 
         any broadcast of information about the U.S. until the radio 
         script for such broadcast has been approved by the Daughters of 
         the American Revolution. Deschler Ch 26 Sec. 47.1.
     An amendment to require, as a condition on the availability of 
         funds, the imposition of standards of quality or performance. 
         Deschler Ch 26 Sec. 59.1.
     A provision providing that none of the funds should be used 
         unless certain procurement contracts were awarded on a formally 
         advertised basis to the lowest responsible bidder. Deschler Ch 
         26 Sec. 23.14.
     An amendment making the money available on certain 
         contingencies that would change the lawful mode of payment. 
         Deschler Ch 26 Sec. 48.1.
     An amendment denying the obligation or expenditure of certain 
         funds unless such funds were subject to audit by the 
         Comptroller General. Deschler Ch 26 Sec. 47.8. (A subsequent 
         amendment that denied the use of funds not subject to audit 
         ``as provided by law'' was offered and adopted.)
     A provision making certain funds for an airport available for 
         an access road (a Federal project) provided Virginia makes 
         available the balance of funds necessary for the construction 
         of the road. Deschler Ch 26 Sec. 48.7.
     A provision providing that no part of the appropriation for 
         certain range improvements shall be expended in any national 
         forest until contributions at least equal to such expenditures 
         are made available by local public or private sources. Deschler 
         Ch 26 Sec. 48.6.
     A provision stating that no part of the funds shall be used 
         ``unless and until'' approved by the Director of the Bureau of 
         the Budget. Deschler Ch 26 Sec. 48.3.
     A proviso that no funds shall be available for certain 
         expenditures unless made in accordance with a budget approved 
         by the Public Housing Commissioner. Deschler Ch 26 Sec. 48.4.
     An amendment specifying that no funds made available may be 
         expended until total governmental tax receipts exceed total 
         expenditures. Deschler Ch 26 Sec. 48.11.
     An amendment containing certification requirements and 
         mandating certain contractual provisions as a condition on the 
         receipt of funds. Manual Sec. 1054.


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

                   Reporting to Congress as a Condition

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

                     Congressional Action as Condition

      Under the more recent precedents, it is not in order by way of 
  amendment to make the availability of funds in a general appropriation 
  bill contingent upon subsequent congressional action. Manual 
  Sec. 1055; 90-2, June 11, 1968, p 16692; 96-1, Sept. 6, 1979, pp 
  23360, 23361. Such a condition changes existing law if its effect is 
  to require a subsequent authorization which, when enacted, will 
  automatically make funds available for expenditure without further 
  appropriation. Such a result is contrary to the process contemplated 
  in rule XXI whereby appropriations are dependent on prior 
  authorization. Deschler Ch 26 Sec. 49.2 (note). Language making the 
  availability of funds contingent upon the enactment of authorizing 
  legislation raises a presumption that the appropriation is then 
  unauthorized. 98-1, Sept. 19, 1983, pp 24640, 24641. Indeed, a 
  conditional appropriation based on enactment of authorization is a 
  concession on the face of the language that no prior authorization 
  exists. Deschler Ch 26 Sec. 47.3 (note); 109-1, May 19, 2005, p 10377.
      It is not in order on a general appropriation bill to direct the 
  activities of a committee, such as to require it to promulgate 
  regulations to limit the use of an appropriation. Manual Sec. 1055. As 
  such, an amendment to a general appropriation bill including language 
  to direct the budget scorekeeping for amounts appropriated was held to 
  constitute legislation and was ruled out of order under clause 2 of 
  rule XXI. 103-1, May 26, 1993, p 11317-19.
      Other conditions relative to congressional action that have been 
  ruled out as legislation include:

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


  Sec. 31 . --Conditions Imposing Additional Duties

      Where a condition in an appropriation bill or amendment thereto 
  seeks to impose on a Federal official non-incidental duties that are 
  different from or in addition to those already contemplated in law, 
  the provision may be ruled out as legislative in nature. Manual 
  Sec. 1054. Thus, although it is in order on a general appropriation 
  bill to prohibit the availability of funds therein for a certain 
  activity, that prohibition may not be made contingent upon the 
  performance of a new affirmative duty on the part of a Federal 
  official. Deschler Ch 26 Sec. 50. Other provisions that have been 
  ruled out under this rule include:

     An amendment providing that no part of the money appropriated 
         shall be paid to any state unless and until the Secretary of 
         Agriculture is satisfied that such state has complied with 
         certain conditions. Deschler Ch 26 Sec. 50.2.
     A provision providing that no part of a certain appropriation 
         shall be available until it is determined by the Secretary of 
         the Interior that authorization therefor has been approved by 
         the Congress. Deschler Ch 26 Sec. 50.3.
     An amendment providing that none of the money appropriated 
         shall be paid to persons in a certain category unless hereafter 
         appointed or reappointed by the President and confirmed by the 
         Senate. Deschler Ch 26 Sec. 50.4.
     A provision prohibiting the use of funds to pay for services 
         performed abroad under contract ``unless the President shall 
         have promulgated'' certain security regulations. Deschler Ch 26 
         Sec. 50.5.
     An amendment providing that no part of the appropriation shall 
         be used for land acquisition for airport access roads until the 
         Federal Aviation Administration shall have held public 
         hearings. Deschler Ch 26 Sec. 50.6.
     An amendment rendering an appropriation for energy 
         conservation services contingent upon recommendations by 
         Federal officials. Deschler Ch 26 Sec. 50.7.
     A provision making the availability of certain funds 
         contingent on legal determinations to be made by a Federal 
         court and an executive department. 100-2, June 28, 1988, p 
         16261.
     An amendment requiring a determination of ``successor agency'' 
         status. Manual Sec. 1054.
     An exception to a limitation on funds requiring determinations 
         of ``equivalence'' of health benefits plans. Manual Sec. 1054.


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

      It is in order in a general appropriation bill to include language 
  descriptive of authority provided in law as long as the description is 
  precise and does not change that authority in any respect. Deschler Ch 
  26 Sec. 23.1. However, language in an appropriation bill construing or 
  interpreting existing law, although cast in the form of a limitation, 
  is legislation and not in order. Deschler Ch 26 Sec. 24. Likewise, an 
  amendment that does not limit or restrict the use or expenditure of 
  funds in the bill, but that directs the way in which provisions in the 
  bill must be interpreted or construed, is legislation. Deschler Ch 26 
  Sec. 25.15. The rationale underlying this rule is that a provision 
  proposing to construe existing law is in itself a proposition of 
  legislation and therefore not in order. Manual Sec. 1056; 4 Hinds 
  Sec. Sec. 3936-3938. Provisions that have been ruled out pursuant to 
  this rule include:

     A provision broadening beyond existing law the definition of 
         services to be funded by an appropriation. Deschler Ch 26 
         Sec. 25.8.
     A provision defining certain expenses as 
         ``nonadministrative,'' for purposes of making a computation. 
         Deschler Ch 26 Sec. Sec. 22.13, 25.4.
     A provision making appropriations available for the purchase 
         of station wagons ``without such vehicles being considered as 
         passenger motor vehicles.'' Deschler Ch 26 Sec. 22.12.
     An amendment construing certain language so as to permit the 
         withholding of funds for specific military construction 
         projects upon a determination that elimination of such projects 
         would not adversely affect national defense. Deschler Ch 26 
         Sec. 25.9.
     An amendment providing that nothing in the Act shall restrict 
         the authority of the Secretary of Education to carry out the 
         provisions of title VI of the Civil Rights Act of 1964. 96-2, 
         Aug. 27, 1980, p 23535.
     A provision stating that a limitation on funds in the pending 
         appropriation bill is to be considered a prohibition against 
         payments to certain parties in administrative proceedings. 100-
         2, May 17, 1988, p 11305.
     A provision directing the Selective Service Administration to 
         issue regulations to bring its classifications into conformance 
         with a Supreme Court decision. Manual Sec. 1055.
     An amendment that expresses the sense of Congress that 
         reductions in appropriations in other bills should reflect the 
         proportionate reductions made in the pending bill. 101-2, Oct. 
         21, 1990, p 31709.


  Sec. 33 . --Incorporation by Reference to Existing Law

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

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


                      B. Changing Prescribed Funding

  Sec. 34 . In General

                     Generally; Mandating Expenditures

      Language in a general appropriation bill is permitted where it is 
  drafted simply as a negative restriction or limitation on the use of 
  funds. Sec. 50, infra. Such limitations may negatively affect the 
  allocation of funds as contemplated in existing law, but may not 
  explicitly change statutory directions for distribution. Manual 
  Sec. 1056; Deschler Ch 26 Sec. 77.2. It is in violation of clause 2 of 
  rule XXI to include language in a general appropriation bill directing 
  that funds therein be obligated or distributed in a manner that is 
  contrary to existing law. Manual Sec. 1057. Language directing that 
  funds in the bill shall be distributed ``without regard to the 
  provisions'' of the authorizing legislation is subject to a point of 
  order. Deschler Ch 26 Sec. 36.1.
      The Committee on Appropriations may report a limitation on the 
  availability of funds within the reported bill. However, a limitation 
  on the obligation of other funds, or a removal of an existing 
  statutory limitation on the obligation of funds contained in existing 
  law, is legislation and in violation of clause 2 of rule XXI. 103-1, 
  Sept. 23, 1993, p 22203.
      If existing law places a limit or cap on the total amount that may 
  be spent on a program, language in a general appropriation bill may 
  not direct an increase in that amount. 4 Hinds Sec. Sec. 3865-3867. 
  Similarly, a provision making available indefinite sums for a 
  particular program may be ruled out as legislation in violation of 
  clause 2 of rule XXI where existing law provides that a definite 
  amount must be specified for that purpose in annual appropriation 
  bills. Deschler Ch 26 Sec. 33.1. Where mandatory funding levels have 
  been earmarked for certain programs by existing law, a provision in a 
  general appropriation bill rendering them ineffective may be ruled out 
  as in violation of clause 2 of rule XXI. Deschler Ch 26 Sec. 36.5. A 
  paragraph in a general appropriation bill directing that ``not less'' 
  than a specified sum be available for a certain purpose was ruled out 
  as legislation constituting a direction to spend a minimum amount and 
  not a negative limitation. Manual Sec. 1057. An amendment to a general 
  appropriation bill denying funds therein for a program at less than a 
  certain amount constitutes legislation where existing law confers upon 
  a Federal official discretionary authority to determine minimum levels 
  of expenditures. 95-2, July 20, 1978, p 21856. Language mandating a 
  certain allotment of funds at ``the maximum amounts authorized'' has 
  also been ruled out as legislation on an appropriation bill. Deschler 
  Ch 26 Sec. 36.2.
      Language in a general appropriation bill may not authorize the 
  adjustment of wages of government employees or permit an increase in 
  Members' office allowances only ``if requested in writing.'' Also, it 
  may not mandate reductions in various appropriations by a variable 
  percentage calculated in relation to ``overhead.'' Manual Sec. 1054. A 
  proposal to designate an appropriation as having a special status 
  (such as ``emergency spending'') within the meaning of the budget-
  enforcement laws is fundamentally legislative in character. Manual 
  Sec. 1052.

                   Change in Source or Method of Funding

      Where existing law authorizes appropriations out of a special fund 
  for a particular purpose, it is not in order in an appropriation bill 
  to direct that the money be taken from the general funds of the 
  Treasury for that purpose. Deschler Ch 26 Sec. Sec. 35.1, 35.2. Thus, 
  language in a bill providing funds for an agricultural project, for 
  which funding had been authorized from the receipts of timber sales 
  and not from appropriated funds, was ruled out as legislation in 
  violation of clause 2 of rule XXI. Deschler Ch 26 Sec. 35.3. The 
  language in an appropriation bill appropriating funds in the Federal 
  Aid Highway Trust Fund for expenses of forest roads and trails was 
  held to be legislation and not in order where no authorization existed 
  for the expenditure from that trust fund for those proposed purposes. 
  Deschler Ch 26 Sec. 28.2. A provision providing that airport funding 
  be derived from a certain source, thereby changing the source and 
  method of funding under existing law, was held to constitute 
  legislation. 106-1, June 23, 1999, p 14002.
      Language in a general appropriation bill that substitutes 
  borrowing authority in lieu of a direct appropriation is subject to a 
  point of order if contrary to existing law. Deschler Ch 26 Sec. 35.4.

              Changing Allotment Formulas; Setting Priorities

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


  Sec. 35 . Affecting Funds in Other Acts

                                 Generally

      Language in a general appropriation bill that is applicable to 
  funds appropriated in another Act may constitute legislation under 
  clause 2 of rule XXI. Deschler Ch 26 Sec. 30.10. Thus, an amendment to 
  an appropriation bill seeking to change a limitation on a previous 
  appropriation bill may be held to be legislation and not in order. 
  Deschler Ch 26 Sec. 27.26. Striking the word ``Federal'' from an 
  appropriation may broaden the applicability of the funds at issue and 
  may be ruled out as legislation. 111-1, July 16, 2009, p 18124.

                                Rescissions

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


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

      A provision in a general appropriation bill that authorizes an 
  official to transfer funds among appropriation accounts in the bill 
  changes existing law in violation of clause 2 of rule XXI by including 
  language conferring new authority. However, direct transfers of 
  appropriations within the confines of the same bill are normally 
  considered in order (7 Cannon Sec. 1468; Deschler Ch 26 Sec. 29), 
  provided such transfer does not cause the breach of a separately 
  enforceable allocation within the bill (which can occur when funds 
  covered by more than one suballocation are included in a single bill) 
  (112-1, June 23, 2011, p 9929; 112-2, July 18, 2012, p__). Such a 
  direct transfer may not include legislative language, such as 
  requiring the approval of an official. In addition, the transfer of an 
  appropriation for a purpose authorized to be carried out by a 
  specified agency may not be transferred to another agency, even within 
  the same bill. The following illustrations may clarify these 
  distinctions:

                                 In Order

     $500,000 is hereby transferred from the Capital Improvement 
         and Maintenance appropriation to the State and Private Forestry 
         appropriation.

                               Not in Order

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

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


  Sec. 37 . --Transfer of Previously Appropriated Funds

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


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

                    Generally; Availability of Balances

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

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

                   Funds ``To Be Immediately Available''

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


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

                                 Generally

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

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

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


  Sec. 40 . Reimbursements of Appropriated Funds

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

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


                 C. Changing Executive Duties or Authority


  Sec. 41 . In General; Requiring Duties or Determinations

                                 Generally

      Where an amendment to or language in a general appropriation bill 
  explicitly places new duties on officers of the government or 
  implicitly requires them to make investigations, compile evidence, or 
  make judgments and determinations not otherwise required of them by 
  law, then it assumes the character of legislation under clause 2 of 
  rule XXI and is subject to a point of order. Manual Sec. 1054; 4 Hinds 
  Sec. Sec. 3854-3859; Deschler Ch 26 Sec. 52. The extra duties that may 
  invalidate an amendment as being ``legislation'' are duties not now 
  required by law. The fact that they may be presently in effect, as 
  required for present and prior years in annual appropriation Acts, 
  does not protect an amendment from a point of order under clause 2 of 
  rule XXI. Deschler Ch 26 Sec. 63.7 (note). The point of order will lie 
  against language requiring new determinations by Federal officials 
  whether or not state officials administering the Federal funds in 
  question routinely make such determinations. Deschler Ch 26 
  Sec. 52.33. Thus, in a general appropriation bill, if not already 
  mandated by existing law, an executive official may not be required:

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

                     Approval or Certification Duties

      Where existing law authorizes the availability of funds for 
  certain expenses when certified by an executive official, language in 
  a general appropriation bill containing funds for that purpose to be 
  accounted for solely upon certification may be held in order as not 
  constituting a change in existing law. 93-2, June 18, 1974, pp 19715, 
  19716. For example, appropriations for traveling expenses at meetings 
  ``considered necessary'' in the exercise of the agency's discretion 
  for the efficient discharge of its responsibilities were held 
  authorized by a law permitting inclusion of such language in the bill. 
  Deschler Ch 26 Sec. 52.28. However, language in a general 
  appropriation bill authorizing the expenditure of funds on the 
  approval of an executive official and on a ``certificate of necessity 
  for confidential military purposes'' was held to change existing law 
  and was ruled out in violation of clause 2 of rule XXI when the 
  Committee on Appropriations failed to cite statutory authority for 
  that method of payment. Deschler Ch 26 Sec. 22.19. Even a proviso that 
  certain vouchers ``shall be sufficient'' for expenditure from the 
  appropriation has been ruled out as legislation in violation of clause 
  2 of rule XXI. Deschler Ch 26 Sec. 22.20.

                          Duty to Submit Reports

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


  Sec. 42 . Burden of Proof

                                 Generally

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

            Determinations Incidental to Other Executive Duties

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


  Sec. 43 . Altering Executive Authority or Discretion

                                 Generally

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

            Earmarking Funds as Affecting Executive Discretion

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


  Sec. 44 . Mandating Studies or Investigations

      Language in a general appropriation bill describing an 
  investigation that may be undertaken with funds in the bill at the 
  discretion of an official upon whom existing law imposes a general 
  investigative responsibility does not constitute legislation and is 
  not in violation of clause 2 of rule XXI. 93-2, Apr. 9, 1974, pp 
  10208, 10209. However, where existing law gives an agency discretion 
  to undertake an investigation, language in a general appropriation 
  bill that requires the agency to perform the investigation is 
  legislation. Deschler Ch 26 Sec. 51.7. Although an executive official 
  may have broad investigative responsibilities under existing law, it 
  may not be in order in a general appropriation bill to impose a duty 
  on that official to undertake a specific additional study. 93-2, Apr. 
  9, 1974, pp 10205, 10206.
      The mere requirement in a general appropriation bill that an 
  executive officer be the recipient of information at one time was not 
  considered as imposing any additional burdens. 90-2, June 11, 1968, p 
  16712. In the 105th Congress, clauses 2(b) and 2(c) of rule XXI were 
  amended to treat as legislation a provision that conditions the 
  availability of funds on whether certain information not required by 
  existing law has been ``made known'' to an executive official, thus 
  superseding 7 Cannon Sec. 1695. Manual Sec. 1054. In addition, 
  language imposing new responsibilities on Federal officials beyond 
  merely being the recipients of information may constitute legislation 
  in violation of clause 2 of rule XXI. 95-1, June 17, 1977, p 19699. 
  Thus, in 1974, language in a general appropriation bill was ruled out 
  as legislation when the Committee on Appropriations conceded that 
  agencies funded by the bill would be required to examine extraneous 
  documentary evidence--including hearing transcripts--in addition to 
  the language of the law itself, to determine the purposes for which 
  the funds had been appropriated. 93-2, June 21, 1974, pp 20612, 20613. 
  Similarly, in 2002, an amendment requiring executive officials to 
  examine certain legislative reports was ruled out as legislation. 107-
  2, July 17, 2002, pp 13365, 13366.


  Sec. 45 . Granting or Changing Contract Authority

                            Granting Authority

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

                           Waiving Contract Law

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

                      Restricting Contract Authority

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


                     D. The Holman Rule; Retrenchments


  Sec. 46 . In General; Retrenchment of Expenditures

                                 Generally

      Clause 2(b) of rule XXI, which precludes the use of language 
  changing existing law in a general appropriation bill, makes an 
  exception for ``germane provisions that retrench expenditures by the 
  reduction of amounts of money covered by the bill'' as reported. This 
  exception is referred to as the Holman rule, having been named for the 
  Member who first suggested it in 1876, William Holman of Indiana. 
  Manual Sec. 1038.
      Decisions under the Holman rule have been rare in the modern 
  practice of the House. Manual Sec. 1062. The rule applies to general 
  appropriation bills only and is not applicable to funds other than 
  those appropriated in the pending bill. 7 Cannon Sec. Sec. 1482, 1525. 
  In 1983, the House narrowed the Holman rule exception to apply only to 
  retrenchments reducing the dollar amounts of money covered by the 
  bill. Manual Sec. 1062. In 2017, this narrowing was partially reversed 
  by separate order (applicable to the first session of the 115th 
  Congress), which reinstated the exceptions for provisions or 
  amendments that retrench expenditures by reducing the number and 
  salary of officers of the United States, or reducing the compensation 
  of anyone paid out of the Treasury of the United States. 115-1, H. 
  Res. 5, Jan. 3, 2017, p__.

                Retrenchments and Limitations Distinguished

      A distinction should be noted between retrenchments offered under 
  the criteria of the Holman rule and ``limitations'' on appropriation 
  bills, discussed in Sec. Sec. 50-59a, infra. Under the Holman rule, a 
  provision that is admittedly ``legislative'' in nature is nevertheless 
  held to fall outside the general prohibition against such provisions, 
  because it reduces the funds in the bill. The limitations discussed in 
  later sections are not ``legislation'' and are permitted on the theory 
  that Congress is not bound to appropriate funds for every authorized 
  purpose. Deschler Ch 26 Sec. 4.
      Under the modern practice, the Holman rule only applies to 
  limiting language that involves a reduction of dollar amounts in the 
  bill. An amendment that does not show a reduction on its face and that 
  is merely speculative is not in order under the rule. Manual 
  Sec. 1062.
      The words ``amounts of money covered by the bill'' in the rule 
  refer to the amounts specifically appropriated by the bill, but as 
  long as a provision calls for an obvious reduction at some point 
  during the fiscal year, it is in order under the Holman rule even if 
  the reduction takes place in the future in an amount actually 
  determined when the reduction takes place (for example, by formula). 
  Manual Sec. 1062. Language held in order as effectuating a 
  retrenchment has included a proposition--legislative in form--
  providing that total appropriations in the bill be reduced by a 
  specified amount. Deschler Ch 26 Sec. 4.5.
      It has been said that the Holman rule should be strictly construed 
  in order to avoid the admission of ineligible legislative riders under 
  the guise of a retrenchment. 7 Cannon Sec. 1510.


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

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


  Sec. 48 . Reporting Retrenchment Provisions

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


  Sec. 49 . Floor Consideration; Who May Offer

      Under the earlier practice, retrenching amendments to general 
  appropriation bills could be offered during the reading of the bill 
  for amendment in the Committee of the Whole. In 1983, rule XXI was 
  narrowed to permit the consideration of retrenchment amendments only 
  when the reading of the bill for amendment has been completed and only 
  if the Committee of the Whole does not then adopt a motion to rise and 
  report the bill back to the House. Manual Sec. 1040; see generally 
  Sec. 64, infra.


              IV. Limitations on General Appropriation Bills


  Sec. 50 . In General; When in Order

                                 Generally

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

     Does the limitation apply solely to the appropriation under 
         consideration?

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

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

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

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

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

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

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

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

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

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

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

                   Construction of Rule; Burden of Proof

      The doctrine permitting limitations on a general appropriation 
  bill is strictly construed. Deschler Ch 26 Sec. 80.5. The language of 
  the limitation must not be such as, when fairly construed, would 
  change existing law (4 Hinds Sec. Sec. 3976-3983) or justify an 
  executive officer in assuming an intent to change existing law (4 
  Hinds Sec. 3984; 7 Cannon Sec. 1707). The language of clause 2(c) of 
  rule XXI, which permits limitation amendments during the reading of a 
  bill by paragraph only if authorized by existing law, is likewise 
  strictly construed. It applies only where existing law requires or 
  permits the inclusion of limiting language in an appropriation Act, 
  and not merely where the limitation is alleged to be ``consistent with 
  existing law.'' Manual Sec. 1043.
      The limitation must apply to a specific purpose, or object, or 
  amount of appropriation. If a proposed limitation goes beyond the 
  traditionally permissible objectives of a limitation, as for example 
  by restricting discretion in the timing of the expenditure of funds 
  rather than restricting their use for a specific object or purpose, 
  the Chair may rule that the amendment constitutes legislation in the 
  absence of a convincing argument by the proponent that the amendment 
  does not change existing law. Deschler Ch 26 Sec. 80.5.
      As a general proposition, whenever a limitation is accompanied by 
  the words ``unless,'' ``except,'' ``until,'' ``if,'' or the like, the 
  provision should be viewed with the suspicion that it may be 
  legislation. In case of doubt as to its ultimate effect, the doubt 
  should be resolved against the limitation. Deschler Ch 26 Sec. 52.2. 
  The limitation may not be accompanied by language stating a motive or 
  purpose in carrying it out. Deschler Ch 26 Sec. 66.4. Where terms used 
  in a purported limitation are challenged because of their ambiguity or 
  indefiniteness, the burden is on the proponent to show that no new 
  duties would arise in the course of applying its terms. Deschler Ch 26 
  Sec. 57.17 (note).

                         Effecting Policy Changes

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

              Limitations Relating to Tax and Tariff Measures

      Tax and tariff measures fall within the jurisdiction of the 
  Committee on Ways and Means under clause 1(t) of rule X. Manual 
  Sec. 741. Under clause 5(a) of rule XXI, such measures may not be 
  reported by any committee not having jurisdiction thereof. In the 
  108th Congress, clause 5(a) was amended to include in the definition 
  of a tax or tariff measure an amendment proposing a limitation on 
  funds in a general appropriation bill for the administration of a tax 
  or tariff. This change established a different standard for 
  determining a violation of this rule by an amendment to a reported 
  general appropriation bill than for a provision in the bill itself. 
  For an amendment, the Chair needs to find merely a textual 
  relationship between the amendment and the administration of a tax or 
  tariff. Manual Sec. 1066; 108-2, June 18, 2004, p 13042. For a 
  provision reported in the bill, the Chair must find that the provision 
  impacts revenue collections or tax statuses or liabilities inevitably 
  and with certainty. Manual Sec. 1066. For example, a limitation on the 
  use of funds reported in such a bill may be held to violate this 
  clause where the limitation has the effect of requiring the collection 
  of revenues not otherwise provided for by law. Manual Sec. 1066.


  Sec. 51 . Limitations on Amount Appropriated

                                 Generally

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

                       ``Not To Exceed'' Limitations

      Language that an expenditure ``is not to exceed'' a certain amount 
  is permissible. Deschler Ch 26 Sec. 67.36. However, the fact that 
  funds in a general appropriation bill are included in the form of a 
  ``not to exceed'' limitation does not necessarily preclude a point of 
  order under clause 2(a) of rule XXI that the funds are not authorized 
  by law. Manual Sec. 1045.

                      Ceilings on Total Expenditures

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

                            Spending ``Floors''

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


  Sec. 52 . Limitations on Particular Uses

                                 Generally

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

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

                           Partial Restrictions

      An amendment to a general appropriation bill that restricts the 
  use of money in the bill to a part of an authorized project is in 
  order though the bill would otherwise permit full funding of the 
  authorization. 91-1, July 22, 1969, p 20329. Although it is not in 
  order as an amendment to a general appropriation bill to directly 
  restrict the discretionary authority of a Federal agency (Sec. 53, 
  infra), it is permissible to limit the availability of funds in the 
  bill for part of an authorized purpose while appropriating the 
  remainder. Manual Sec. 1053. In the 95th Congress, the Chair indicated 
  that an amendment to a general appropriation bill negatively 
  restricting funding therein for part of a discretionary activity 
  authorized by law would be in order if no new affirmative duties or 
  determinations were thereby required. 95-2, June 9, 1978, p 16996.

                Restrictions Relating to Agency Regulations

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


  Sec. 53 . Interference with Executive Discretion

      Assuming that it does not change existing law, a negative 
  restriction on the availability of funds for a specified purpose in a 
  general appropriation bill may be a proper limitation even though it 
  indirectly interferes with an executive official's discretionary 
  authority by denying the use of funds. Deschler Ch 26 Sec. 64.26. The 
  limitation may in fact amount to a change in policy, but if the 
  limitation is merely a negative restriction on use of funds, it will 
  normally be allowed. 7 Cannon Sec. 1694; Deschler Ch 26 Sec. 51. Thus, 
  it is in order on a general appropriation bill to provide that no 
  part, or not more than a specified amount, of an appropriation shall 
  be used in a certain way, even though executive discretion be thereby 
  negatively restricted. 4 Hinds Sec. 3968; Deschler Ch 26 Sec. 51.9.
      On the other hand, it is not in order, under the guise of a 
  limitation, to affirmatively interfere with executive discretion by 
  coupling a restriction on the payment of funds with a positive 
  direction to perform certain duties contrary to existing law. Deschler 
  Ch 26 Sec. 51.12. For example, an amendment prohibiting funds from 
  being used to handle parcel post at less than attributable cost was 
  ruled out on the point of order that its effect would directly 
  interfere with the Postal Rate Commission's quasi-discretionary 
  authority to establish postal rates under guidelines in law. Deschler 
  Ch 26 Sec. 51.22.
      The point of order lies against language enlarging or granting new 
  discretionary authority as well as against language curtailing 
  executive discretion. An amendment in the form of a limitation 
  providing that no part of the appropriated funds shall be paid to any 
  state unless the Secretary of Agriculture is satisfied that the state 
  has complied with certain conditions was held to be legislation 
  imposing new discretionary authority on a Federal official. Deschler 
  Ch 26 Sec. 52.25.


  Sec. 54 . Imposing Duties or Requiring Determinations

                   Generally; Imposing Executive Duties

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

                    Requiring Executive Determinations

      A restriction on the use of funds in a general appropriation bill 
  which requires a Federal official to make a substantive determination 
  not required by any law applicable to such official's authority, 
  thereby requiring new investigations not required by law, is 
  legislation in violation of clause 2 of rule XXI. Deschler Ch 26 
  Sec. 52.38. Thus, it is not in order to require Federal officials, in 
  determining the extent of availability of funds, to make substantial 
  findings not required by existing law, or to make evaluations of 
  propriety and effectiveness not required to be made by existing law. 
  Manual Sec. 1054. Language requiring new determinations by Federal 
  officials is subject to a point of order regardless of whether or not 
  state officials administering the Federal funds in question routinely 
  make such determinations. Deschler Ch 26 Sec. 61.12.
      On the other hand, if the determinations required by the language 
  are already required by law, no point of order lies. For example, an 
  amendment denying funds to rehire certain Federal employees engaged in 
  a strike in violation of Federal law was held in order as a limitation 
  not requiring new determinations on the part of Federal officials 
  administering those funds, because existing law and a court order 
  enjoining the strike already imposed an obligation on the 
  administering officials to enforce the law. Deschler Ch 26 Sec. 74.6.

                  Impermissible Duties or Determinations

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

     An amendment proposing a reduction of expenditures through an 
         apportionment procedure authorized by law, but requiring such 
         reduction to be made ``without impairing national defense.'' 
         Deschler Ch 26 Sec. 52.6.
     A provision prohibiting use of funds for the furnishing of 
         sophisticated weapons systems to certain countries ``unless the 
         President determines'' it to be important to national security, 
         such determination to be reported within 30 days to the 
         Congress. Deschler Ch 26 Sec. 56.1.
     An amendment providing that no part of the appropriation could 
         be used to make grants or loans to any country that the 
         Secretary of State believed to be dominated by the foreign 
         government controlling the world Communist movement. Deschler 
         Ch 26 Sec. 59.17.
     An amendment prohibiting payment of funds in the bill for the 
         support of any action resulting in the destruction of a 
         structure of historic or cultural significance. Deschler Ch 26 
         Sec. 52.17.
     A provision providing funds for grants to states for 
         unemployment compensation ``only to the extent that the 
         Secretary finds necessary.'' Deschler Ch 26 Sec. 52.14.
     A paragraph requiring that appropriations in the bill be 
         available for expenses of attendance of officers and employees 
         at meetings or conventions ``under regulations prescribed by 
         the Secretary.'' Deschler Ch 26 Sec. 52.13.
     An amendment restricting the availability of funds for certain 
         countries until the President reports to Congress his 
         determination that such country does not deny or impose more 
         than nominal restrictions on the right of its citizens to 
         emigrate. Deschler Ch 26 Sec. 55.5.
     An amendment denying the use of funds for foreign firms that 
         receive certain government subsidies but permitting the 
         President to waive such restriction in the national interest 
         with prior notice to Congress. Deschler Ch 26 Sec. 56.7.
     An amendment denying the use of funds for a certain 
         publication until there had been a review of all conclusions 
         reached therein and a determination that they were factual. 96-
         2, July 30, 1980, pp 20504-506.
     A provision limiting the availability of funds for grants-in-
         aid to any airport that failed to provide designated and 
         enforced smoking and nonsmoking areas for passengers in airport 
         terminal areas. 99-2, July 30, 1986, p 18188.
     A section restricting funds for special pay of physicians or 
         dentists whose ``primary'' duties were administrative. 98-1, 
         Nov. 2, 1983, p 30494.
     A provision restricting funds to carry out any requirement 
         that small businesses meet certain prequalifications of 
         ``acceptable'' product marketability to be eligible to bid on 
         certain defense contracts. 98-1, Nov. 2, 1983, p 30495.
     An amendment restricting funds to implement regulations not 
         based on ``hard science.'' 112-1, June 15, 2011, p 9342.
     An amendment requiring a determination that an activity would 
         ``subvert'' a given standard. 113-2, June 18, 2014, p__.
     An amendment requiring officials to act consistent with or in 
         compliance with a law not otherwise applicable. 113-2, June 9, 
         2014, p__.

                   Determinations as to Intent or Motive

      An amendment curtailing the use of funds for certain purposes if 
  those funds are used with a certain intent or motive requires new 
  determinations by the officials administering the funds and is subject 
  to a point of order as legislation. 91-1, July 31, 1969, pp 21653, 
  21675. Thus, an amendment prohibiting the use of funds in the bill to 
  pay rewards for information leading to the detection of any person 
  violating certain laws, or ``conniving'' to do so, was ruled out as 
  legislation because the amendment required the executive branch to 
  determine what constitutes ``conniving'' in violating the law. 96-1, 
  July 13, 1979, p 18451. Similarly, an amendment denying the use of 
  funds in the bill to grant business licenses to persons selling drug 
  paraphernalia ``intended for use'' in drug preparation or use was 
  ruled out as legislation requiring new duties and judgments of 
  government officials. Deschler Ch 26 Sec. 23.18.
      An amendment prohibiting the use of funds in the bill for 
  abortions or abortion-related services, and defining abortion as the 
  ``intentional'' destruction of unborn human life, was conceded to 
  impose new affirmative duties on officials administering the funds and 
  was ruled out as legislation. Deschler Ch 26 Sec. 25.14. Similarly, a 
  paragraph prohibiting the use of funds to perform abortions except 
  where the mother's life would be endangered if the fetus were carried 
  to term (or where the pregnancy was a result of rape or incest) was 
  held to impose new affirmative duties. Manual Sec. 1054.
      A paragraph denying use of funds in the bill to sell certain loans 
  except with the consent of the borrower was conceded to be legislation 
  requiring new determinations of ``consent'' and was ruled out in 
  violation of clause 2(c) of rule XXI. 98-2, May 31, 1984, p 14590.

       Negative Prohibition and Affirmative Direction Distinguished

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

                      Imposing ``Incidental'' Duties

      The fact that a limitation on the use of funds may impose certain 
  incidental burdens on executive officials does not destroy the 
  character of the limitation as long as it does not directly amend 
  existing law and is descriptive of functions and findings already 
  required to be undertaken by existing law. Manual Sec. 1053; Deschler 
  Ch 26 Sec. 71.2. Thus, an amendment reducing the availability of funds 
  for trade adjustment assistance by amounts of unemployment insurance 
  entitlements was held in order where the law establishing trade 
  adjustment assistance already required the disbursing agency to take 
  into consideration levels of unemployment insurance in determining 
  payment levels. Deschler Ch 26 Sec. 61.21.
      The proponent must be prepared to show that the new duties are 
  merely incidental to functions already required by law and do not 
  involve substantive new determinations. 99-1, July 26, 1985, p 20808.

                   Effect of Information ``Made Known''

      As noted above (Sec. 44, supra) and in the Manual Sec. 1054, 
  clauses 2(b) and 2(c) of rule XXI were amended in the 105th Congress 
  to render legislation a provision that conditions the availability of 
  funds on certain information being ``made known'' to an executive 
  official (where existing law does not require such information to be 
  known), superseding 7 Cannon Sec. 1695.

                  Imposing Duties on Non-Federal Official

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


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

                      Duty of Statutory Construction

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

               Implementation of Existing Rules or Policies

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


  Sec. 56 . Conditional Limitations

                                 Generally

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

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

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

                           Condition Subsequent

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

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

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

   Conditions Relating to the Application or Interpretation of State Law

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


  Sec. 57 . Exceptions to Limitations

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

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

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


  Sec. 58 . Limitations as to Recipients of Funds

      Although it is not in order in a general appropriation bill to 
  legislate as to qualifications of the recipients of an appropriation, 
  the House may specify that no part of the appropriation shall go to 
  recipients lacking certain qualifications. Manual Sec. 1053; 7 Cannon 
  Sec. 1655; Deschler Ch 26 Sec. 53. It is in order to describe the 
  qualifications of the recipients of the funds and to deny the 
  availability of those funds to recipients not meeting those criteria, 
  the restriction being confined to the fiscal year covered by the bill. 
  Deschler Ch 26 Sec. 64.15. It is likewise in order to deny the 
  availability of funds in the bill to an office that fails to satisfy 
  certain factual criteria, as long as no new substantive determinations 
  are required. 95-2, June 14, 1978, p 17668.
      Amendments requiring the recipients of funds carried in the bill 
  to be in compliance with an existing law have been permitted where the 
  Federal officials concerned are already under an obligation to oversee 
  the enforcement of existing law and are thus burdened by no additional 
  duties by the amendment. 91-1, July 31, 1969, p 21633.
      Limitations relating to the qualifications of recipients that have 
  been held in order include:

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

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

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


  Sec. 59 . Limitations on Funds in Other Acts

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

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


  Sec. 59a . Funding Floors

                            Highway Trust Fund

      Clause 3 of rule XXI, as amended in the 112th Congress, prohibits 
  consideration of a general appropriation bill proposing certain 
  expenditures from the Highway Trust Fund. As originally added by the 
  Transportation Equity Act for the 21st Century (Pub. L. No. 105-178), 
  that clause required a minimum level of obligation limitations for 
  certain categories of surface transportation funding. For additional 
  background on the prior iteration of that clause, see Appropriations, 
  Sec. 59a of House Practice (2003) and Manual Sec. 1064 for the 111th 
  Congress (H. Doc. 110-162).

                       Funding for Aviation Programs

      Section 106 of the Wendell H. Ford Aviation Investment and Reform 
  Act for the 21st Century (Pub. L. No. 106-181) added a provision 
  establishing points of order to guarantee a certain level of budget 
  resources available from the Airport and Airway Trust Fund each fiscal 
  year through fiscal year 2003 (extended on multiple occasions to 
  subsequent fiscal years), to restrict the uses of those resources, and 
  to guarantee a certain level of appropriations. The chairs of the 
  Committee on Rules and the Committee on Transportation and 
  Infrastructure inserted in the Congressional Record correspondence 
  concerning points of order established in this section. Manual 
  Sec. 1064a; 106-2, Mar. 15, 2000, p 2805.


                            V. Reappropriations


  Sec. 60 . In General

                    Generally; Transfers Distinguished

      A restriction against the inclusion of reappropriations in general 
  appropriation bills is set forth in clause 2(a) of rule XXI. Manual 
  Sec. 1037. Reappropriations are to be distinguished from transfers of 
  funds, which are permitted under some circumstances. See Sec. Sec. 36, 
  37, supra.
      Before enactment of the Legislative Reorganization Act of 1946, 
  provisions that reappropriated in a direct manner unexpended balances 
  and continued their availability for the same purpose for an extended 
  period of time were not prohibited by rule XXI, because they were not 
  deemed to change existing law by conferring new authority. 4 Hinds 
  Sec. 3592; 7 Cannon Sec. 1152; Deschler Ch 26 Sec. 30. Today, however, 
  with two exceptions, clause 2(a) of rule XXI precludes the 
  reappropriation of unexpended balances in a general appropriation bill 
  or amendment thereto. Manual Sec. 1037. The rule specifically excludes 
  (1) appropriations in continuation of appropriations for public works 
  on which work has commenced, and (2) transfers of unexpended balances 
  within the department or agency for which they were originally 
  appropriated. Manual Sec. 1037. As to what constitutes a public work 
  in progress under clause 2 of rule XXI, see Sec. 26, supra.
      Clause 2(a) of rule XXI is limited by its terms to general 
  appropriation bills and amendments thereto, and the exceptions 
  specified by it apply only to propositions reported by the Committee 
  on Appropriations. Manual Sec. 1037. An unreported joint resolution 
  carrying a transfer of unobligated balances of previously appropriated 
  funds--and not containing an appropriation of any new budget 
  authority--is not a general appropriation bill within the meaning of 
  that rule. Manual Sec. 1044.

                  Provisions Subject to a Point of Order

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

                 Authorization Bills and Reappropriations

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


                  VI. Reporting; Consideration and Debate

                               A. Generally


  Sec. 61 . Privileged Status; Voting

                                 Generally

      General appropriation bills have long enjoyed privileged status 
  under the rules of the House. Such bills may be reported ``at any 
  time'' under clause 5 of rule XIII. Manual Sec. 853; see also 
  Committees. In 1981, this privilege was extended to joint resolutions 
  continuing appropriations for a fiscal year if reported after 
  September 15 preceding the beginning of such fiscal year. Manual 
  Sec. 853. The privilege does not extend to special appropriations to 
  address a specific purpose. 8 Cannon Sec. 2285. Similarly, a joint 
  resolution providing an appropriation for a single government agency 
  is not a general appropriation bill and is not reported as privileged. 
  Deschler Ch 25 Sec. 7.4. Consideration of a privileged appropriation 
  bill is subject to layover requirements. Sec. 62, infra.
      Nonprivileged appropriation bills may be made in order by 
  unanimous consent or pursuant to a special order of business reported 
  by the Committee on Rules. Deschler Ch 25 Sec. 6; see also Sec. 75, 
  infra.

             Prior Consideration in the Committee of the Whole

      All bills or joint resolutions ``directly or indirectly making 
  appropriations'' require initial consideration in the Committee of the 
  Whole, and a point of order may be made under clause 3 of rule XVIII 
  at any time before the consideration of a bill or joint resolution has 
  commenced. Manual Sec. 973. Motions to resolve into the Committee of 
  the Whole for the purpose of considering general appropriation bills 
  have precedence under clause 4(b) of rule XVIII. Manual Sec. 977.


  Sec. 62 . When Bills May Be Considered

      Under a former rule, general appropriation bills were subject to a 
  requirement that printed committee hearings on such bills be available 
  for at least three calendar days (excluding Saturdays, Sundays, and 
  legal holidays if not in session) prior to consideration. However, 
  this requirement was repealed in the 114th Congress. 114-1, Jan. 6, 
  2015, p__; Manual Sec. 852. Appropriation bills are now subject only 
  to the regular requirement in clause 4 of rule XIII that the committee 
  report be available for three calendar days (excluding Saturdays, 
  Sundays, and legal holidays if not in session). Manual Sec. 850.


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

                     Generally; Perfecting Amendments

      Under clause 5(a) of rule XVIII, amendments perfecting a general 
  appropriation bill are considered in the Committee of the Whole during 
  the reading of the bill for amendment under the five-minute rule. 
  Manual Sec. Sec. 978, 980. General appropriation bills are read for 
  amendment by paragraph--unless a special order of business provides 
  otherwise--whereas bills appropriating funds for a specific purpose 
  are read by sections. 4 Hinds Sec. Sec. 4739, 4740; Deschler Ch 25 
  Sec. 11.8.
      However the bill is read--either by paragraph, section, or other 
  subdivision--an amendment to a given portion must be made after that 
  portion has been read or is considered as read by the Clerk. An 
  amendment to a paragraph that has been passed in the reading of the 
  bill may be offered only by unanimous consent. Deschler Ch 25 
  Sec. 11.13. For more on the proper time to offer amendments, see 
  Amendments.
      Where the reading proceeds by paragraph, a paragraph that is 
  composed of discrete sub-units of indented text is nonetheless treated 
  as a single paragraph for purposes of offering amendments. 102-2, July 
  1, 1992, pp 17272, 17273, 17277 (reversing a ruling at 98-2, Nov. 30, 
  1982, p 28066).

                            En Bloc Amendments

      Under clause 2(f) of rule XXI, en bloc amendments proposing only 
  to transfer appropriations among objects in the bill, without 
  increasing the levels of budget authority or outlays in the bill, are 
  in order during the reading of the bill for amendment in the Committee 
  of the Whole. Such amendments may amend portions of the bill not yet 
  read for amendment and are not subject to a demand for division of the 
  question. The burden of proof is on the proponent with regard to the 
  levels of budget authority or outlays. Manual Sec. 1063a. Limitations 
  of obligations from a trust fund are not protected by the exception 
  under clause 2(f). 112-2, June 26, 2012, p__.

                        Spending Reduction Accounts

      Beginning in the 112th Congress, the House has provided a 
  procedure for reducing amounts in a general appropriation bill and 
  displaying that reduction in a spending reduction account at the end 
  of the bill. Under this procedure, en bloc amendments are permitted if 
  such amendments only propose to reduce amounts from an object or 
  objects in the bill, with a corresponding increase in the figure 
  displayed in the spending reduction account. As with en bloc 
  amendments under clause 2(f), such amendments are permitted to reach 
  ahead to portions of the bill not yet read for amendment, and are not 
  subject to a demand for division of the question. Manual Sec. 1063b. 
  An amendment proposing to increase the figure displayed in the 
  spending reduction account by greater than the amount of the reduction 
  is not in order. 112-2, June 1, 2012, p__.

                        Consideration in the House

      Amendments adopted in the Committee of the Whole are reported to 
  the House for action. During consideration of the bill in the House, 
  it is in order to demand that those amendments be voted on separately. 
  Deschler Ch 25 Sec. 11.21.
      Under clause 10 of rule XX, the yeas and nays are automatically 
  ordered when the Speaker puts the question on final passage or 
  adoption of any bill, joint resolution, or conference report making 
  general appropriations. Manual Sec. 1033.


  Sec. 64 . --Limitation Amendments; Retrenchments

                   Amendments Authorized in Existing Law

      Limitation amendments ``specifically contained or authorized in 
  existing law for the period of the limitation'' may, pursuant to 
  clause 2(c) of rule XXI, be offered in the Committee of the Whole 
  during the reading of a general appropriation bill for amendment. 
  Manual Sec. Sec. 1039, 1053. However, that rule is strictly construed 
  to apply only where existing law requires or permits the inclusion of 
  limiting language in an appropriation Act, and not merely where the 
  limitation is alleged to be ``consistent with existing law.'' Manual 
  Sec. 1053.

    Limitation Amendments Not Authorized in Existing Law; Retrenchment 
                                Amendments

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


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

                                 Generally

      Under the former practice, points of order ordinarily had to be 
  reserved against a general appropriation bill at the time the bill was 
  reported to the House and referred to the Union Calendar and could be 
  reserved after the bill had been referred to the Committee of the 
  Whole only by unanimous consent. Deschler Ch 25 Sec. 12.1. Under 
  clause 1 of rule XXI, however, it is not necessary to reserve points 
  of order at the time the bill is referred to the Union Calendar; the 
  right of a Member to raise them at a later time is automatically 
  protected. Manual Sec. 1035.

                            Against Amendments

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

                   Against the Motion to Rise and Report

      In the 109th Congress, the House adopted a resolution creating a 
  point of order against a motion to rise and report an appropriation 
  bill that exceeded an applicable allocation of new budget authority 
  under section 302(b) of the Congressional Budget Act of 1974. Such a 
  point of order has been carried forward in subsequent Congresses by 
  separate order contained in the opening-day rules package. Such point 
  of order is available when the motion to rise and report is made. 
  Manual Sec. 1044b.


  Sec. 66 . --Timeliness

               Generally; Points of Order Against Paragraphs

      A point of order against a provision in a general appropriation 
  bill may not be entertained during general debate but must await the 
  reading of that portion of the bill for amendment. 103-1, June 18, 
  1993, pp 13359, 13360. Such a point of order cannot be reserved. 108-
  1, July 22, 2003, p 18984. The time for making points of order against 
  items in an appropriation bill is after the House has resolved itself 
  into the Committee of the Whole and after the paragraph containing 
  such items has been read for amendment. Deschler Ch 25 Sec. 12.8. A 
  point of order against the paragraph on the ground that it is 
  legislation will not lie before the paragraph is read. Deschler Ch 26 
  Sec. 2.10. A point of order against two consecutive paragraphs 
  comprising a section in the bill can be made only by unanimous 
  consent. Deschler Ch 25 Sec. 12.5.
      Points of order against a paragraph must be made before an 
  amendment is offered thereto or before the Clerk reads the next 
  paragraph heading and amount. Manual Sec. 1044; Deschler Ch 26 Sec. 2. 
  A point of order against a paragraph that has been passed in the 
  reading for amendment may be made only by unanimous consent. See 
  Points of Order; Parliamentary Inquiries.
      A point of order must be made against a paragraph after it is read 
  and before an amendment is offered thereto, including a pro forma 
  amendment offered for the purpose of debate only and an amendment that 
  is ruled out of order. Deschler Ch 26 Sec. 2.21. However, the point of 
  order is not precluded by the fact that, by unanimous consent, an 
  amendment had been offered to the paragraph before it was read. 
  Deschler Ch 26 Sec. 2.10. As required by clause 2(f), the Chair will 
  query for points of order against the provisions of an appropriation 
  bill unprotected by waiver and not yet reached in the reading but 
  addressed by an amendment offered en bloc under that clause. Manual 
  Sec. 1058.

                Timeliness Where Bill is Considered as Read

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

                    Points of Order Against Amendments

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


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

                   Generally; Against Paragraphs of Bill

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

                            Against Amendments

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


  Sec. 68 . --Waiving Points of Order

                     Generally; Alternative Procedures

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

     By unanimous consent. Deschler Ch 26 Sec. 31.
     By special order of business from the Committee on Rules. 
         Manual Sec. 1058; 4 Hinds Sec. Sec. 3260-3263; Deschler Ch 26 
         Sec. 3.
     By motion to suspend the rules. 4 Hinds Sec. 3845.

      Points of order are not self-enforcing and must be raised by a 
  Member in a timely fashion. Failure to make a timely point of order 
  effectively waives that point of order. Although legislation in an 
  appropriation bill may be subject to a point of order under clause 2 
  of rule XXI, such language ultimately included in an appropriation Act 
  becomes permanent law where it is permanent in its language and 
  nature. Deschler Ch 26 Sec. 3.17.

          Waiver of Points of Order by Special Order of Business

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

                   Waiver of Particular Points of Order

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

     Against certain paragraphs in an appropriation bill not 
         authorized by law or containing legislative language. Deschler 
         Ch 26 Sec. Sec. 3.2, 3.6.
     Against reappropriations in violation of clause 2(a) of rule 
         XXI. 97-1, July 30, 1981, p 18803.
     Against consideration of a bill containing new budget 
         authority in excess of allocations to subcommittees and for 
         failure of the committee report to contain a comparison of 
         spending in the bill with subcommittee allocations. 99-2, Apr. 
         22, 1986, pp 8343, 8344, 8348.
     Against consideration of the bill until the committee report 
         (and, under a former rule, printed committee hearings) has been 
         available for three days as is required by clause 4 of rule 
         XIII. Deschler Ch 25 Sec. 10.3.

        Application of Waiver to Points of Order Against Amendments

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


  Sec. 69 . Amending Language Permitted to Remain

                               When in Order

      Language that has been permitted to remain in a general 
  appropriation bill or amendment by virtue of a waiver may be modified 
  by a further amendment if it is germane and does not contain 
  additional legislation or additional unauthorized items. Manual 
  Sec. 1058; 4 Hinds Sec. 3862; 7 Cannon Sec. 1420; Deschler Ch 26 
  Sec. 3. The Chair will examine an entire legislative provision 
  permitted to remain when ruling that an amendment to a portion of the 
  provision was merely perfecting. Manual Sec. 1058.
      Where an unauthorized appropriation is permitted to remain in the 
  bill by failure to raise, or by waiver of, a point of order, an 
  amendment merely changing the amount and not adding legislative 
  language or earmarking separate funds for another unauthorized purpose 
  is in order. Manual Sec. 1058; Deschler Ch 26 Sec. 3.38. However, an 
  increase in the amount may violate certain budget-related rules. An 
  amendment adding a new paragraph indirectly increasing an unauthorized 
  amount contained in a prior paragraph passed in the reading is subject 
  to a point of order because the new paragraph is adding a further 
  unauthorized amount not textually protected by the waiver. However, a 
  new paragraph indirectly reducing an unauthorized amount permitted to 
  remain in a prior paragraph passed in the reading is not subject to a 
  point of order, because it is not adding a further unauthorized 
  amount. Manual Sec. 1058. Merely narrowing the application of an 
  unauthorized appropriation permitted to remain by way of germane 
  exception is not subject to a point of order. Deschler Ch 26 
  Sec. Sec. 3.23, 3.24.
      To a legislative provision permitted to remain conferring 
  assistance on a certain class of recipients, an amendment adding 
  another class is further legislation and is not merely perfecting in 
  nature. On the other hand, to a legislative provision permitted to 
  remain, an amendment particularizing a definition in the language was 
  held not to constitute additional legislation where it was shown that 
  the definition being amended already contemplated inclusion of the 
  covered class. Manual Sec. 1058.

                             When Not in Order

      Although legislative language in a general appropriation bill that 
  is permitted to remain therein because of a waiver of points of order 
  may be perfected by germane amendment, such an amendment may not add 
  additional legislation. Manual Sec. 1058; 4 Hinds Sec. Sec. 3836, 
  3837; 7 Cannon Sec. Sec. 1425-1434; 101-1, Aug. 2, 1989, p 18166. Such 
  an amendment may not earmark funds for an unauthorized purpose or 
  direct a new use of funds not required by law. Manual Sec. 1058; 
  Deschler Ch 26 Sec. 3.30. The figures in an unauthorized item 
  permitted to remain may be perfected. However, the provision may not 
  be changed by an amendment substituting funds for a different 
  unauthorized purpose. Deschler Ch 26 Sec. 3.45. An increase in such 
  figure may not be accompanied by legislative language directing 
  certain expenditures. Deschler Ch 26 Sec. 3.42. Amendments to language 
  permitted to remain in an appropriation bill that have been ruled out 
  under clause 2 of rule XXI include:

     An amendment adding additional legislation prohibiting the 
         availability of funds in other Acts for certain other purposes. 
         Deschler Ch 26 Sec. 3.18.
     An amendment adding an additional class of recipients to those 
         covered by a legislative provision permitted to remain. 
         Deschler Ch 26 Sec. 3.34.
     An amendment adding further unauthorized items of 
         appropriation or adding legislation in the form of new duties. 
         99-2, July 23, 1986, pp 16850, 16851.
     An amendment broadening the application of a legislative 
         provision permitted to remain so as to apply to other funds. 
         Manual Sec. 1058.
     An amendment adding a new paragraph in another part of the 
         bill that indirectly increases an unauthorized amount passed in 
         the reading, because not textually protected by the waiver. 
         Manual Sec. 1058; 104-1, July 12, 1995, pp 18627-29.
     An amendment increasing an authorized amount above the 
         authorized ceiling. Manual Sec. 1058.
     An amendment in the form of a motion to strike, extending the 
         legislative reach of the pending text. Manual Sec. 1058.
     An amendment extending restrictions on recipients of a defined 
         set of Federal payments and benefits to persons benefiting from 
         a certain tax status determined on the basis of wholly 
         unrelated criteria. Manual Sec. 1058.
     An amendment explicitly waiving a different provision of law 
         than that addressed in legislative language permitted to 
         remain. Manual Sec. 1058.
     An amendment adding a new item to a legislative reporting 
         requirement permitted to remain. 112-1, July 6, 2011, p 10423; 
         113-2, July 9, 2014, p__.


                           B. Senate Amendments


  Sec. 70 . In General

              Senate Amendments Before Stage of Disagreement

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

                        Amending Senate Amendments

      A point of order under clause 2 of rule XXI does not lie against a 
  Senate amendment to a House general appropriation bill. Manual 
  Sec. Sec. 1059, 1076; 7 Cannon Sec. 1572. Where a Senate amendment on 
  a general appropriation bill proposes an expenditure not authorized by 
  law, it is in order in the House to perfect such Senate amendment by 
  germane amendments. Deschler Ch 25 Sec. 13.13; Deschler Ch 26 
  Sec. 6.1. Similarly, where the Senate attaches a ``legislative'' 
  amendment to the bill, it is in order in the House to concur with a 
  perfecting amendment provided such amendment is germane to the Senate 
  amendment. Deschler Ch 25 Sec. 13.14. In amending a Senate amendment, 
  the House is not confined to the limits of the amount set by the 
  original bill and the Senate amendment. Deschler Ch 25 Sec. 13.15.

                    Amendments Reported in Disagreement

      Senate amendments to appropriation bills may be reported back to 
  the House in disagreement following a conference for disposition by 
  separate motion, though this procedure has not been used in many 
  years. A Senate amendment containing legislation reported from 
  conference in disagreement (see Sec. 71, infra) may be amended by a 
  germane amendment even though the proposed amendment also is 
  legislative. Manual Sec. 1059; Deschler Ch 26 Sec. 6.9. Although 
  clause 5 of rule XXII prohibits House conferees from agreeing to a 
  Senate amendment that proposes legislation on an appropriation bill 
  without specific authority from the House, that rule is a restriction 
  upon the managers only. It does not provide for a point of order 
  against such amendment when it is reported in disagreement and comes 
  up for separate action by the House. 7 Cannon Sec. 1572. It is 
  customary for the managers to report such amendments in technical 
  disagreement. After disposing of the conference report, which includes 
  those Senate amendments not in violation of clause 2 of rule XXI, 
  amendments reported in technical or true disagreement are taken up in 
  order and disposed of directly in the House by separate motion. Manual 
  Sec. 1076; 7 Cannon Sec. 1572. Accordingly, where a Senate amendment 
  proposing legislation on a general appropriation bill is reported back 
  from conference in disagreement, a motion to concur in the Senate 
  amendment with a further amendment is in order, even if the proposed 
  amendment adds legislation to that contained in the Senate amendment, 
  and the only test is whether the proposed amendment is germane to the 
  Senate amendment reported in disagreement. Manual Sec. Sec. 1059, 
  1076; Deschler Ch 26 Sec. 6.5.


  Sec. 71 . Authority of Conference Managers

                                 Generally

      Under clause 5 of rule XXII, the managers on the part of the House 
  may not agree to any Senate amendment to a general appropriation bill 
  if that amendment, had it originated in the House, would have been in 
  violation of clause 2 of rule XXI, unless such agreement is 
  specifically authorized by separate vote prior thereto. That 
  restriction has been interpreted to extend to Senate amendments in the 
  form of limitations because limitation amendments are in violation of 
  clause 2(c) unless offered at the end of reading for amendment in the 
  Committee of the Whole. It has therefore been the practice of the 
  managers at a conference on a general appropriation bill to bring 
  Senate amendments containing limitations back to the House in 
  technical disagreement. The House may then dispose of them by proper 
  motion, the stage of disagreement having been reached.
      Clause 5 of rule XXII also precludes House managers from agreeing 
  in conference to Senate appropriation amendments on any bill other 
  than a general appropriation bill unless authorized by separate vote. 
  Manual Sec. 1076. Under this rule, a conference report may be ruled 
  out when conferees present to the House a conference report on a 
  legislative measure on which the conferees agreed to a Senate 
  amendment appropriating funds. Deschler Ch 25 Sec. Sec. 13.8, 13.9. 
  However, a point of order against an appropriation in a conference 
  report on a legislative bill will lie under the rule only if that 
  provision was originally contained in a Senate amendment and will not 
  lie against a provision permitted by the House to remain in its bill. 
  Deschler Ch 25 Sec. 13.12. Moreover, because the rule applies only to 
  Senate amendments that are sent to conference, it does not apply to 
  appropriations contained in Senate legislative bills. Deschler Ch 25 
  Sec. 13.11; see generally Conferences Between the Houses; Sec. 76, 
  infra.

                Authorization by Special Order of Business

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

                    Authorization by Unanimous Consent

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


                     VII. Other Appropriation Measures


  Sec. 72 . In General; Continuing Appropriations

      A measure continuing appropriations is legislation enacted by the 
  Congress to provide budget authority for specific ongoing Federal 
  programs when a regular appropriation for those programs has not been 
  enacted. Deschler Ch 25 Sec. 7.1. A measure continuing appropriations 
  is typically in the form of a joint resolution, and is often referred 
  to as a ``continuing resolution'' or ``C.R.''.
      A continuing resolution is not a general appropriation bill within 
  the meaning of clause 2 of rule XXI and is therefore not subject to 
  its provisions. The restrictions against unauthorized items or 
  legislation in a general appropriation bill or amendment thereto are 
  not applicable to a continuing resolution despite inclusion of diverse 
  appropriations that are not continuing in nature. 94-1, June 17, 1975, 
  p 19176; Deschler Ch 26 Sec. 1.2. A continuing resolution is not a 
  measure ``making general appropriations'' under clause 10 of rule XX, 
  and thus is not subject to an automatic vote by the yeas and nays. 
  However, clause 10 of rule XX is applicable to a measure that both 
  continues appropriations and also incorporates the text of one or more 
  general appropriation measures. 113-1, Mar. 6, 2013, p__.
      Continuing resolutions pending enactment of general appropriation 
  bills for the ensuing fiscal year are not reported or called up as 
  privileged unless reported after September 15 preceding the beginning 
  of such fiscal year. Clause 5(a) of rule XIII; Manual Sec. 853; 8 
  Cannon Sec. 2282; Deschler Ch 25 Sec. 7. A continuing resolution may 
  be called up by unanimous consent, by a motion to suspend the rules, 
  or under a special order of business. See Sec. 75, infra.


  Sec. 73 . Supplemental Appropriations

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


  Sec. 74 . Appropriations for a Single Agency

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


  Sec. 75 . Consideration of Other Appropriation Measures

      By Special Order of Business, Unanimous Consent, or Suspension

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

                          Consideration in House

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


                 VIII. Appropriations in Legislative Bills


  Sec. 76 . In General

                                 Generally

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

       Application to Senate Bills or Amendments Between the Houses

      The rule forbidding consideration of items carrying appropriations 
  in bills reported by non-appropriating committees applies to Senate 
  bills as well as to House bills. 7 Cannon Sec. Sec. 2136, 2147. This 
  rule also applies to an amendment proposed to a Senate amendment to a 
  House bill not reported from the Committee on Appropriations. Manual 
  Sec. 1065.

                       Application to Private Bills

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


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

                                 Generally

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

                         Provisions Held in Order

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

     A provision authorizing an appropriation of not less than a 
         certain amount for a specified purpose. Deschler Ch 25 
         Sec. 4.34.
     A provision providing that an appropriation come out of any 
         unexpended balances heretofore appropriated or made available 
         for emergency purposes. Deschler Ch 25 Sec. 4.35.
     A provision providing that all funds ``available'' for 
         carrying out the Act ``shall be available'' for allotment to 
         certain bureaus and offices, no use of existing funds being 
         permitted. Deschler Ch 25 Sec. 4.36.
     A provision authorizing and directing an executive officer to 
         advance, when appropriated, sums of money out of the Treasury. 
         Deschler Ch 25 Sec. 4.38.
     A provision authorizing the withdrawal of money from the 
         Treasury belonging to a governmental agency, even though it 
         would otherwise eventually revert to the government. 7 Cannon 
         Sec. 2158.
     A provision authorizing the Secretary of the Treasury to use 
         proceeds of public-debt issues for the purpose of making loans. 
         Deschler Ch 25 Sec. 4.43.

                       Provisions Held out of Order

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

     A provision directing that funds previously appropriated be 
         used for a purpose not specified in the original appropriation. 
         7 Cannon Sec. 2147.
     A provision reappropriating or diverting an appropriation for 
         a new purpose. 7 Cannon Sec. 2146; Deschler Ch 25 
         Sec. Sec. 4.1, 4.4.
     An amendment requiring the diversion of previously 
         appropriated funds in lieu of the enactment of new budget 
         authority. Manual Sec. 1065.
     A provision providing for the transfer of unexpended balances 
         of appropriations and making such funds available for 
         expenditure. Deschler Ch 25 Sec. 4.5.
     A provision making available an appropriation or a portion of 
         an appropriation already made for one purpose to another or for 
         one fiscal year to another. Manual Sec. 1065.
     A provision providing for the collection of certain fees and 
         authorizing the use of the fees so collected for the purchase 
         of certain installations. Deschler Ch 25 Sec. 4.16.
     An amendment establishing a user charge and making the 
         revenues collected therefrom available without further 
         appropriation. Deschler Ch 25 Sec. 4.19.
     A provision making available for administrative purposes money 
         repaid from advances and loans. Deschler Ch 25 Sec. 4.21.
     A provision directing disbursements from Indian trust funds. 7 
         Cannon Sec. 2149.
     An amendment permitting the acquisition of buses with funds 
         from the highway trust fund. 92-2, Oct. 5, 1972, p 34115.
     A provision establishing a special fund, to be available with 
         other funds appropriated, for the purpose of paying refunds. 7 
         Cannon Sec. 2152.
     A provision making excess foreign currencies available to 
         stimulate private enterprise abroad. Deschler Ch 25 Sec. 4.22.
     A provision providing that the cost of certain surveys would 
         be paid from the appropriation theretofore or thereafter made 
         for such purposes. Deschler Ch 25 Sec. 4.10.
     A provision making available unobligated balances of 
         appropriations ``heretofore'' made to carry out the provisions 
         of the bill. Deschler Ch 25 Sec. 4.11.
     An amendment waiving provisions in an appropriation Act that 
         limited the availability of funds appropriated therein for a 
         specified purpose, thereby increasing the availability of 
         appropriated funds. 93-2, Apr. 4, 1974, pp 9846, 9847.
     An amendment providing for the transfer of existing Federal 
         funds into a new Treasury trust fund and for their immediate 
         availability for a new purpose. 93-2, June 20, 1974, pp 20273-
         75.
     A provision authorizing the Treasurer to honor requisitions of 
         the Archivist in such manner and in accordance with such 
         regulations as the Treasurer might prescribe. Deschler Ch 25 
         Sec. 4.15.
     A provision in an omnibus reconciliation bill reported by the 
         Committee on the Budget making a direct appropriation to carry 
         out a part of the Energy Security Act. 99-1, Oct. 24, 1985, p 
         28812.


  Sec. 78 . Points of Order; Timeliness

                                 Generally

      A point of order under clause 4 of rule XXI against an 
  appropriation in a bill reported by a non-appropriating committee 
  should be raised at the appropriate time in the Committee of the Whole 
  and does not lie in the House before consideration of the bill. 94-1, 
  Sept. 10, 1975, pp 28270, 28271.
      Although a point of order under clause 4 against an amendment 
  carrying an appropriation operates as one against consideration of the 
  amendment, when applied to a provision in a bill it applies to the 
  appropriation against which it is directed and not against 
  consideration of the bill. A point of order under clause 4 does not 
  lie in the standing committees of the House. A point of order in the 
  House that the bill is improperly on the Union Calendar does not lie. 
  7 Cannon Sec. 2140. The point of order should be directed to the item 
  of appropriation in the bill at the proper time and not, in the House, 
  to the act of reporting the bill. 7 Cannon Sec. 2142. It follows that 
  motions to discharge non-appropriating committees from consideration 
  of bills carrying appropriations are not subject to points of order 
  under the rule. 7 Cannon Sec. 2144. The intervention of debate or the 
  consideration of amendments following the reading do not preclude 
  points of order under clause 4. Points of order against appropriations 
  in legislative bills may be raised even after the merits of the 
  proposition have been debated. Deschler Ch 25 Sec. 12.15.
      The provision in clause 4, that a point of order against the 
  appropriation can be made ``at any time'' has been interpreted to 
  require the point of order to be raised during the pendency of the 
  amendment under the five-minute rule. Deschler Ch 25 Sec. 12.14. Such 
  a point of order comes too late after the amendment has been agreed to 
  and has become part of the text of the bill, and cannot then be raised 
  against further consideration of the bill as amended. Manual 
  Sec. 1065. A point of order may be raised against an amendment that 
  has been amended by the adoption of a substitute amendment, even 
  though no point of order was directed against the substitute before 
  its adoption. Manual Sec. 1065.

                          Waiving Points of Order

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


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

      A point of order under clause 4 of rule XXI against an 
  appropriation in a legislative bill should be directed against that 
  portion of the bill (or against the amendment thereto) in which the 
  appropriation is contained and cannot be directed against the 
  consideration of the entire bill. 7 Cannon Sec. 2142; Deschler Ch 25 
  Sec. 4.2. If such a point of order is sustained with respect to a 
  portion of a section of a legislative bill containing an 
  appropriation, only that portion is stricken. However, if the point of 
  order is directed against the entire section for inclusion of that 
  language, the entire section will be ruled out. 93-2, Apr. 4, 1974, pp 
  9845, 9846.
                                 CHAPTER 5
                           ASSEMBLY OF CONGRESS

                              HOUSE PRACTICE

  Sec. 1. In General; Day of Convening
  Sec. 2. Hour of Meeting
  Sec. 3. Place of Meeting
  Sec. 4. Organizational Business--First Session
  Sec. 5. Organizational Business--Second Session
  Sec. 6. Adoption of Rules and Separate Orders
  Sec. 7. Procedure Before Adopting Rules
  Sec. 8. Taking Up Legislative Business
        Research References
          1 Hinds Sec. Sec. 1-10; 5 Hinds Sec. Sec. 6758-6762
          6 Cannon Sec. Sec. 1-5
          Deschler Ch 1
          Manual Sec. Sec. 60, 242, 243


  Sec. 1 . In General; Day of Convening

                                 Generally

      The Constitution provides that each regular session of Congress 
  shall begin on January 3 unless Congress by law appoints a different 
  day. U.S. Const. amend. XX, Sec. 2. A joint resolution, which is not 
  privileged, is used for such appointment. For laws appointing a 
  different day for assembling, see Manual Sec. 243. The joint 
  resolution may originate in either House. E.g., 111-2, S. J. Res. 40, 
  Nov. 15, 2010, p 17769; 113-2, H. J. Res. 129, Nov. 14, 2014, p__.
      The President has the constitutional authority to convene the 
  Congress earlier than on the day it has fixed for its reconvening (but 
  not earlier than January 3). The President may exercise this authority 
  on ``extraordinary occasions'' by convening either or both Houses. 
  U.S. Const. art. II, Sec. 3. A number of early Congresses were 
  convened by Presidential proclamation. 1 Hinds Sec. Sec. 10, 12. The 
  last session so convened was in the 76th Congress. Deschler Ch 1 
  Sec. 2.1.
      For examples of provisions in concurrent resolutions authorizing 
  the recall of the House or of both Houses, see Manual Sec. 84 and 
  Adjournment.

                            Pro Forma Meetings

      Pro forma meetings may be held to meet the constitutional 
  requirement that neither House may adjourn for more than three days 
  without the consent of the other. A pro forma meeting may occur for 
  any number of reasons, including to allow a measure to be introduced. 
  No legislative business or votes are expected during a scheduled pro 
  forma meeting, but there is no formal prohibition on either unless so 
  imposed by the House.
      Upon completion of the legislative business for a session, the 
  House may schedule pro forma meetings for the remainder of the 
  constitutional term. 96-1, Dec. 14, 1979, p 36200. For example, as the 
  first session of the 96th Congress drew to a close, the House, by 
  unanimous consent, agreed to convene every third day for the remainder 
  of the session, including a final pro forma meeting immediately before 
  the constitutional expiration of the session at noon on January 3, 
  1980. 96-1, Dec. 20, 1979, p 37317. Similarly, in the 102d Congress, 
  pursuant to the concurrent resolution that placed the two Houses in an 
  intrasession adjournment from November 27, 1991, until January 3, 
  1992, the House convened at 11:55 a.m. on that day for its final 
  meeting of the first session. A similar situation prevailed at the end 
  of the 114th Congress, where the House convened at 11:00 (recessing 
  until 11:55 a.m.) on January 3, 2017, for the final meeting of the 
  Congress. Alternatively, the House may recess or adjourn pursuant to a 
  rule reported from the Committee on Rules at the end of a session for 
  periods not in excess of three days. Manual Sec. 83.
      On January 3 of an even-numbered year, in the absence of a law 
  appointing a different convening date, the Speaker may either (1) 
  announce the adoption of a simple motion to adjourn the last day of 
  the first session just before noon to declare the House adjourned sine 
  die so that the second session may convene at noon (102-2, Jan. 3, 
  1992, p 36367) or (2) unilaterally declare the House adjourned sine 
  die just before noon (without a simple motion) so that the second 
  session may convene at noon (105-2, Jan. 3, 1996, p 35; 113-1, Jan. 3, 
  2014, p__).


  Sec. 2 . Hour of Meeting

                        Generally; Hourly Schedules

      Each House has plenary power over the time of its meetings during 
  the session. If the time of meeting has not been set previously by 
  resolution, the House, by long-standing practice having the force of a 
  standing order, meets each day at noon. Deschler Ch 1 Sec. 3. However, 
  it is the customary practice of the House to adopt a resolution at the 
  beginning of a session establishing times for its daily meetings for 
  that session. Manual Sec. 621.
      Times of meeting originally were selected to provide sufficient 
  committee time for hearings and markups early in the session, and 
  sufficient floor time later for authorization and appropriation bills. 
  Resolutions setting daily meeting times are privileged, even though 
  they are not reported from the Committee on Rules, because they are 
  incidental to the organization of the House. 97-2, Jan. 25, 1982, p 
  62. Modern resolutions do not vary the convening time based on dates 
  within a session. Subsequent resolutions changing the hour of meeting, 
  unless reported as privileged from the Committee on Rules, require 
  unanimous consent for consideration (although ad hoc arrangements from 
  day to day may be effected by privileged motion under clause 4 of rule 
  XVI). 95-2, June 29, 1978, p 19507.
      Beginning in the 103d Congress, the House has adopted free-
  standing orders authorizing ``morning-hour debate'' to be conducted 
  prior to the time of convening for regular legislative business. 
  Typically, the House will meet two hours earlier than the regular time 
  of meeting on certain days to conduct such non-legislative debate, and 
  recess ten minutes prior to the regular convening time as set by the 
  resolution establishing the daily hour of meeting. For more on 
  morning-hour debate, see Consideration and Debate.

                     Adjournments to a Different Hour

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

                       Emergency Convening Authority

      During any recess or adjournment of not more than three days, if 
  the Speaker is notified by the Sergeant-at-Arms of an imminent 
  impairment of the place of reconvening, then the Speaker may, in 
  consultation with the Minority Leader, postpone the time for 
  reconvening within the three-day limit prescribed by the Constitution. 
  In the alternative, the Speaker in such case may reconvene the House 
  before the time previously appointed solely to declare the House in 
  recess within that three-day limit. Clause 12(c) of rule I; 111-1, 
  Dec. 19, 2009, p 32729; 112-2, Dec. 30, 2012, p__.
      In the 114th Congress, clause 12 of rule I was amended to 
  authorize the Speaker or a designee, during any recess or adjournment 
  of not more than three days, to reconvene the House at a time other 
  than that previously appointed, within the three-day limit prescribed 
  by the Constitution, based on a determination that the public interest 
  so warrants and after consultation with the Minority Leader. Manual 
  Sec. 911.
      Beginning with the first session of the 114th Congress, the 
  Speaker has also been authorized (by separate order) to dispense with 
  morning-hour debate if such reconvening authorities were exercised. 
  Manual Sec. 951.


  Sec. 3 . Place of Meeting

      Under article I, section 5, clause 4 of the Constitution, neither 
  House may, without consent of the other, adjourn ``to any other Place 
  than that in which the two Houses shall be sitting.'' The requirement 
  for consent has been interpreted to apply to the seat of government, 
  which has been, since 1800, the District of Columbia. Therefore, the 
  House may convene in another place within the District of Columbia 
  without the consent of the Senate. Deschler Ch 1 Sec. 4.1. Under 
  clause 12(d) of rule I, the Speaker may convene the House in a place 
  at the seat of government other than the Hall of the House if, in the 
  Speaker's opinion, the public interest shall warrant it.
      Beginning in the 107th Congress, the two Houses authorized joint 
  leadership recall from an adjournment ``at such place and time as they 
  may designate if, in their opinion, the public interest shall warrant 
  it'' (permitting recall from an adjournment to a place outside the 
  District of Columbia). 107-1, H. Con. Res. 251, Oct. 17, 2001, pp 
  20210, 20211; 107-1, S. Con. Res. 85, Nov. 16, 2001, p 22922. In the 
  108th Congress, the two Houses granted blanket joint leadership 
  authority to assemble at a place outside the District of Columbia 
  whenever the public interest shall warrant it. 108-1, H. Con. Res. 1, 
  Jan. 7, 2003, p 21. The House (alone) has continued to adopt this 
  concurrent resolution in subsequent Congresses.
      The President may convene Congress at places outside the seat of 
  government during hazardous circumstances. 2 USC Sec. 27; Deschler Ch 
  1 Sec. 4.


  Sec. 4 . Organizational Business--First Session

                          Functions of the Clerk

      Under clause 2(a) of rule II, the Clerk from the prior Congress 
  (including one appointed pursuant to section 75a-1 of title 2, United 
  States Code), creates a roll of the Representatives-elect and calls 
  the House to order at the beginning of a new Congress. 2 USC Sec. 26; 
  Manual Sec. 643. In the event of the Clerk's absence or incapacity, 
  the Sergeant-at-Arms from the prior Congress creates the roll and 
  calls the House to order. 2 USC Sec. 26; Manual Sec. 656. After the 
  opening prayer and Pledge of Allegiance, the Clerk:

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

                            Election of Speaker

      The first order of business after the ascertainment of a quorum at 
  the opening of a new Congress is ordinarily the election of the 
  Speaker. Manual Sec. 27. Pursuant to statute and precedent, 
  nominations for election of the Speaker are of the highest privilege 
  and take precedence over a question of the privileges of the House 
  relating to the interim election of a Speaker pro tempore pending an 
  ethics investigation of a nominee for Speaker. 2 USC Sec. 25; Manual 
  Sec. 27; 1 Hinds Sec. 212.
      Candidates for the office are nominated by the respective chairs 
  of the Democratic Caucus and the Republican Conference. Deschler Ch 1 
  Sec. 6.1. Other nominations are also in order. 114-1, Jan. 6, 2015, 
  p__. The Speaker is elected by a majority of Members-elect present and 
  voting by surname. Manual Sec. 27. Delegates and the Resident 
  Commissioner are ineligible to vote for Speaker. 115-1, Jan. 3, 2017, 
  p__; 106-1, Jan. 6, 1999, p 43. The Speaker was at first elected by 
  ballot but, since 1839, has been chosen by viva voce vote by surname 
  in response to a call of the roll. 1 Hinds Sec. 187; Deschler Ch 1 
  Sec. 6. Although the Clerk appoints tellers for the election, the 
  House, and not the Clerk, determines what method of voting to use. 
  Manual Sec. 27; Deschler Ch 1 Sec. 6. On two occasions, by special 
  rules, Speakers were chosen by a plurality of votes; in each case the 
  House by majority vote adopted a resolution ratifying the result. 1 
  Hinds Sec. Sec. 221, 222. The House has declined to choose a Speaker 
  by lot. 1 Hinds Sec. 221.

                    Status and Rights of Members-elect

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

                           Notices and Messages

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


  Sec. 5 . Organizational Business--Second Session

      At the beginning of a second session of a Congress, the House is 
  ordinarily called to order by the Speaker, although, where the Office 
  is vacant, the House may be called to order by the Clerk. Deschler Ch 
  1 Sec. 5. Alternatively, the House may be called to order by a 
  previously designated Speaker pro tempore. Deschler Ch 1 Sec. 7.4. 
  Under clause 8(b)(3) of rule I, the Speaker is required to deliver to 
  the Clerk a list of Members in the order in which each shall act as 
  Speaker pro tempore in the case of a vacancy in the Office of Speaker. 
  A Speaker pro tempore designated under this rule also may convene the 
  second session of a Congress. Following the opening prayer, the 
  Speaker orders, without motion, a call of the House to establish a 
  quorum. Deschler Ch 1 Sec. 7.5. The Speaker may also choose to declare 
  a recess under clause 12 of rule I prior to the call of the House 
  (often to allow returning Members time to reach the Chamber). 112-2, 
  Jan. 17, 2012, p__. The call of the House is normally taken by 
  electronic device, but the Speaker may elect not to use the electronic 
  system. Deschler Ch 20 Sec. 4.
      Members-elect, elected to fill vacancies occurring in the first 
  session but not yet sworn, are not included on the roll call to 
  ascertain the presence of a quorum when the second session convenes. 
  Their names are included on the roll only after their certificates of 
  election have been laid before the House and their oaths have been 
  administered. Similarly, the names of those Members who resigned or 
  died during adjournment are stricken from the roll and are not called 
  to establish a quorum. Deschler Ch 2 Sec. 4.10.


  Sec. 6 . Adoption of Rules and Separate Orders

      The Constitution gives each House the power to determine the rules 
  of its proceedings. U.S. Const. art. I, Sec. 5, cl. 2. The Supreme 
  Court has interpreted this clause to mean that the House possesses 
  broad power to adopt its own procedural rules. United States v. 
  Ballin, 144 U.S. 5 (1892). This power cannot be restricted by the 
  rules or statutory enactments of a preceding House. For example, the 
  adoption of a layover requirement by the 91st Congress did not bind 
  the 92d Congress. Deschler Ch 1 Sec. 10.1.
      The rules of the House for each Congress are adopted by 
  resolution. See, e.g., 115-1, H. Res. 5, Jan. 3, 2017, p __. 
  Ordinarily, the House adopts the rules of the prior Congress but with 
  various amendments. 5 Hinds Sec. 6742. Separate orders also may be 
  adopted in the same resolution. Separate orders are not amendments to 
  the standing rules but have the same force and effect for a Congress 
  or portion thereof. See, e.g., 108-1, H. Res. 5, Jan. 7, 2003, pp 10, 
  11. The House in the 106th Congress adopted a recodified version of 
  the rules of the House in existence at the close of the 105th 
  Congress, which rewrote and renumbered the rules, mostly without 
  substantive change. 106-1, Jan. 6, 1999, pp 47-223.
      A resolution adopting rules is subject to the motion for the 
  previous question and subject to amendment if the previous question is 
  voted down. Deschler Ch 1 Sec. 9.6. The resolution is not subject to a 
  demand for a division of the question absent prior adoption of a 
  special order of business permitting a division of the resolution. 
  Manual Sec. 60; Deschler Ch 1 Sec. 10.8.
      The motion to commit is permitted after the previous question has 
  been ordered on the resolution adopting the rules but is not 
  debatable. It is the prerogative of the minority to offer a motion to 
  commit even before the adoption of the rules. However, at that point 
  the proponent need not qualify as opposed to the resolution. Manual 
  Sec. 60; Deschler Ch 1 Sec. 9. Such a motion to commit is not 
  divisible. However, if it is agreed to and more than one amendment is 
  reported back pursuant thereto, then separate votes may be had on the 
  reported amendments. The motion to refer also has been permitted upon 
  the offering of a resolution adopting the rules, and before debate 
  thereon, subject to the motion to lay on the table. Manual Sec. 60; 5 
  Hinds Sec. 5604.
      As with other House-passed measures, the House may by unanimous 
  consent direct the Clerk, in the engrossment of a House resolution 
  providing for the adoption of rules, to make certain technical 
  corrections in the text of the resolution. Deschler Ch 1 Sec. 10.12.


  Sec. 7 . Procedure Before Adopting Rules

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

    The motion for a call of the House. 4 Hinds Sec. 2981; Deschler 
         Ch 1 Sec. 9.
    Points of order of no quorum. Manual Sec. 60.
     The motion to refer, subject to the motion to table. Manual 
         Sec. 60.
    Demands for the yeas and nays. 5 Hinds Sec. Sec. 6012, 6013; 
         Deschler Ch 1 Sec. 9.
    Demands for the question of consideration. 109-1, Jan. 4, 2005, 
         p 46.
    The motion for the previous question, which takes precedence 
         over a motion to amend. 5 Hinds Sec. Sec. 5451-5455.
    The motion to amend after rejection of the previous question 
         (Deschler Ch 3 Sec. 10.10), with any amendment being subject to 
         the point of order that it must be germane (Deschler Ch 1 
         Sec. 12.7).
     The practice that Members may engage in debate only when 
         recognized, such recognition being at the discretion of the 
         Speaker. Manual Sec. 60.
    The hour rule for debate on a question. Deschler Ch 1 
         Sec. 12.3.
    Losing the right to resume after yielding the floor. 5 Hinds 
         Sec. Sec. 5038-5040.
    Recognition for an amendment after the defeat of the previous 
         question, under the hour rule, with the proponent of the 
         amendment controlling the time. Deschler Ch 23 Sec. 22.4.
    The nondebatable motion to commit after ordering of the 
         previous question. Manual Sec. 60; 5 Hinds Sec. 6758. Proponent 
         of the motion to commit need not qualify as opposed to the 
         resolution. Manual Sec. 60.
    Withdrawal of a resolution before action is taken thereon. 
         Deschler Ch 1 Sec. 10.6.
    The motion to lay on the table. 5 Hinds Sec. 5390; Deschler Ch 
         1 Sec. 9.
    The motion to postpone to a day certain. Deschler Ch 1 
         Sec. 10.7.
    The motion to adjourn. 1 Hinds Sec. 89; Deschler Ch 1 Sec. 9.

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

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


  Sec. 8 . Taking Up Legislative Business

                                 Generally

      Congress is not assembled until both the House and Senate are in 
  session with a quorum present. 6 Cannon Sec. 5. Once the two Houses 
  have assembled, elected officers, sworn Members, and adopted rules, 
  the resumption of legislative business is in order. 1 Hinds 
  Sec. Sec. 130, 140, 237; Deschler Ch 1 Sec. 11. In rare instances a 
  major bill has been considered and passed even before the completion 
  of organization by the adoption of rules. Deschler Ch 1 Sec. 12.8. 
  However, a bill will not be considered in the House before the 
  administration of the oath to Members-elect because of the statutory 
  requirement that the oath precede the consideration of general 
  business. 2 USC Sec. 25. On occasion the House has convened for its 
  second session, but then conducted no legislative business (including 
  approval of its Journal or referral of bills) for several days. Manual 
  Sec. 84.

                               Old Business

      Upon convening for a second or subsequent session during the term 
  of a Congress, the House resumes all business that was pending before 
  the House or its committees at the adjournment sine die of the 
  preceding session. Clause 6 of rule XI; Manual Sec. 814; 5 Hinds 
  Sec. 6727. Similarly, conference business between the two Houses 
  continues over an adjournment between the first and second sessions of 
  a Congress. 5 Hinds Sec. Sec. 6760-6762. However, because past 
  proceedings of one Congress do not bind its successor, business 
  remaining at the end of one Congress does not carry over to the 
  beginning of a new Congress (with the exception of impeachment). 
  Deschler Ch 1 Sec. 11.
                                 CHAPTER 6
                           BILLS AND RESOLUTIONS

                              HOUSE PRACTICE

              A. Generally

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

              B. Introduction and Reference

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

              C. Private Bills

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

              D. Restrictions on Certain Public Bills

  Sec. 20. Appropriations
  Sec. 21. Tax and Tariff Measures
  Sec. 22. Designation of Public Works
  Sec. 23. Prohibition on Commemorations
  Sec. 24. Earmarks
  Sec. 25. Budget-Related Restrictions

        Research References
          4 Hinds Sec. Sec. 3266-3297, 3364-3390
          7 Cannon Sec. Sec. 846-871, 1027-1053
          Deschler Ch 16; Deschler Ch 24 Sec. Sec. 1-4, 9, 10


                               A. Generally


  Sec. 1 . In General; Resolutions Distinguished

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


  Sec. 2 . Public and Private Bills Distinguished

      Bills and resolutions may be either public or private. A private 
  bill is a bill for the benefit of one or several specified persons or 
  entities, and a public bill relates to public matters and deals with 
  individuals by classes only. 3 Hinds Sec. 2614; 4 Hinds Sec. 3285; 7 
  Cannon Sec. 856; Deschler Ch 24 Sec. 1. The introduction of certain 
  types of private bills is prohibited by clause 4 of rule XII. See 
  Sec. 17, infra. Whether a law is to be regarded as public or private 
  depends on the attendant circumstances, having regard to the effect 
  rather than the form of the legislation. Bollinger v. Watson, 63 S.W. 
  2d 642 (Ark. 1933). The distinction is important because the 
  procedures followed in the enactment of private bills are 
  significantly different from those applicable to public bills. 
  Sec. 15, infra.
      A bill may be regarded as a public bill, and thus referred to the 
  House or Union Calendar when reported, where it:

     Contains provisions applicable to the general public, although 
         benefiting a named individual. 4 Hinds Sec. 3286.
     Relates to classes or groups of persons and not to persons as 
         individuals. 7 Cannon Sec. 870; Deschler Ch 24 Sec. 3.3.
     Indemnifies a foreign government for injury to one of its 
         nationals. 7 Cannon Sec. 865; Deschler Ch 24 Sec. 3.2.
     Includes among provisions for the relief of private persons 
         one item to pay a claim of a foreign nation. 4 Hinds Sec. 3287.
     Grants an easement over public lands to a private company. 7 
         Cannon Sec. 864.
     Authorizes an exchange of government-owned land for privately 
         owned land. 7 Cannon Sec. 862.
     Provides for the reimbursement of ``all the depositors'' of a 
         certain bank, the depositors not being identified by name. 8 
         Cannon Sec. 2373.

  Sec. 3 . Form; Component Parts

                                 Generally

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

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

      On rare occasions, a bill may contain an illustration, as where it 
  shows a required warning label. 99-2, Feb. 3, 1986, p 1326. Also rare, 
  one House may pass a bill with blanks to be filled in by the other 
  House. 5 Hinds Sec. 5781. Members distributing copies of bills on the 
  floor containing personal interpretations or notations must abide by 
  the Speaker's announced policies regarding handouts. Manual Sec. 622; 
  see also Deschler Ch 24 Sec. 2.1.

                             Enacting Clauses

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

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

                             Resolving Clauses

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

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

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

                    Sections; Headings and Subheadings

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

                           Page and Line Numbers

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


  Sec. 4 . Titles

      All bills are given a title that indicates the subject matter of 
  the bill. A title is used strictly for purposes of identification and 
  is not considered in passing on points of order relating to the 
  provisions of the bill. 7 Cannon Sec. 1489; Deschler Ch 24 Sec. 9.1. 
  The title, also known as the ``long title,'' should be distinguished 
  from the ``short title'' of a bill, which is merely legislative text 
  that is typically contained in a separate section of the bill, and 
  indicates a proposed legal citation for the bill.
      Under the guidelines suggested by the Office of the Legislative 
  Counsel, a title should accurately and briefly describe what a bill 
  does. For bills amending primarily a particular law, the form ``To 
  amend [citation of law] to . . .'' is ordinarily used. For 
  constitutional amendments, the form ``Proposing an amendment to the 
  Constitution of the United States concerning . . .'' is used. If the 
  bill covers multiple items, the phrase ``and for other purposes'' may 
  be used at the end of the title.
      The title is retained on the bill during the various stages of 
  enactment, including engrossment and is entered on the Journal and 
  printed in the Congressional Record. Manual Sec. Sec. 431, 831. 
  However, it is not considered to be part of the enacted statute and is 
  generally published only in the Statutes at Large. Indeed, when an 
  enacted statute is codified and included in the United States Code, 
  its title may be excluded or greatly abbreviated.
      A title cannot be used to negate the obvious meaning of the 
  statute. However, a title may, as part of the legislative history, 
  assist in resolving ambiguities. 4 Hinds Sec. 3381. In such cases the 
  title of an Act may be resorted to by courts as an aid in determining 
  legislative intent. Brotherhood of R.R. Trainmen v. Baltimore and Ohio 
  Railroad Co., 331 U.S. 519 (1947); United States v. Windsor, 570 U.S. 
  __ (2013). In this context, the title of a bill at the time of its 
  enactment is said to be indicative of the true intention of Congress 
  in enacting it. Corpus Juris Secundum, Statutes Sec. 351.


  Sec. 5 . Preambles

      Preambles are sometimes used to indicate the underlying reason for 
  a measure. 4 Hinds Sec. 3413. Preambles (``whereas'' clauses) often 
  appear in concurrent or simple resolutions. Such clauses appear less 
  often in joint resolutions (and, in modern practice, never in bills) 
  because sections containing separate statements of findings serve the 
  same purpose. 4 Hinds Sec. 3412.
      The House may amend or delete the preamble from a joint resolution 
  before its passage or the preamble from a concurrent or simple 
  resolution following its adoption. Manual Sec. 414. This is done 
  either by unanimous consent or pursuant to a motion to strike the 
  preamble. This cannot be done simply by moving to strike all after the 
  enacting or resolving clause because the preamble always precedes that 
  clause. Deschler Ch 24 Sec. 9.5. Preambles to simple resolutions may 
  also be disposed of pursuant to a motion to lay on the table, and the 
  adoption of such motion does not affect the status of the resolution. 
  5 Hinds Sec. 5430. The motion for the previous question may be applied 
  at once to the resolution and the preamble. Manual Sec. 996. Of 
  course, where no action is taken to strike the preamble, and the joint 
  resolution is passed, the preamble remains part of the joint 
  resolution. Deschler Ch 24 Sec. 9.5.


                       B. Introduction and Reference


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

                           Bills and Resolutions

      Bills and resolutions are introduced by being deposited in the 
  hopper at the rostrum anytime the House is in session. Deschler Ch 16 
  Sec. 1. A Member may introduce a bill during a pro forma meeting even 
  though no legislative business is being conducted. Manual Sec. 816.
      At its organization for the 106th Congress, the House adopted an 
  order reserving the first ten bill numbers for assignment by the 
  Speaker during a specified period. For the 107th and 108th Congresses, 
  the House adopted the same order and extended the applicable time 
  period to the entire first session. For subsequent Congresses, the 
  time period has been extended to the entire Congress. Beginning in the 
  112th Congress, the second ten bill numbers were reserved for the 
  Minority Leader, and this policy has been extended in each successive 
  Congress. Manual Sec. 825.
      A bill or resolution may be introduced by any Member who has taken 
  the oath, and one need not seek recognition for that purpose. Deschler 
  Ch 16 Sec. 1. A Member may introduce a bill even though personally 
  opposed to its passage. Deschler Ch 16 Sec. 1.6. The rules do not 
  limit the number of bills a Member may introduce.
      Once introduced, the bill becomes the property of the House. As 
  such, the House may consider it notwithstanding the death, 
  resignation, or replacement of its sponsor. Deschler Ch 16 Sec. 1.9.
      Beginning in the 112th Congress, the House has adopted a rule 
  requiring that all introduced bills and joint resolutions be 
  accompanied by a statement describing the constitutional authority of 
  Congress to enact the measure. 112-1, H. Res. 5, Jan. 5, 2011, p 80. 
  Beginning in the 113th Congress, an order of the House has required, 
  to the extent practicable, United States Code citations for amendatory 
  instructions contained in a bill or joint resolution proposing to 
  amend or repeal a law not codified. Manual Sec. 826b.

                      Bills Introduced ``By Request''

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

                          Petitions and Memorials

      Petitions and memorials addressed to the House are delivered to 
  the Clerk and may be presented by the Speaker as well as by any 
  Member. Manual Sec. 818; 4 Hinds Sec. 3312. Members may present 
  petitions from the citizens of states other than their own. 4 Hinds 
  Sec. Sec. 3315, 3316. In the 114th and 115th Congresses, the House 
  required memorials from state legislatures purporting to call for a 
  constitutional convention pursuant to Article V of the Constitution 
  (or rescinding such call) be made publicly available. 114-1, H. Res. 
  5, Jan. 6, 2015, p__; 115-1, H. Res. 5, Jan. 3, 2017, p__.

                 Sponsorship; Endorsements and Signatures

      By House rule, all bills and resolutions must be endorsed with the 
  name of the Member or Members introducing or presenting them. Manual 
  Sec. Sec. 818, 825. By directive of the Speaker, all such measures 
  must bear the original signature of the chief sponsor or first-named 
  Member. Manual Sec. 825a. A bill falsely introduced in a Member's name 
  involves a question of privilege, and the House may agree to an order 
  providing for its cancellation. 4 Hinds Sec. 3388.

                               Cosponsorship

      Unlimited cosponsorship of a public bill is permitted until such 
  time as all committees authorized to report the bill have filed their 
  reports with the House or have been discharged from consideration 
  thereof. Before the bill is reported, Members may remove their names 
  as cosponsors by unanimous consent. Manual Sec. 825. Alternatively, a 
  cosponsor may announce withdrawal of support for a bill, or a 
  statement indicating that an error was made in the listing of a 
  cosponsor's name may be made on the floor for publication in the 
  Congressional Record. Deschler Ch 16 Sec. Sec. 2.5, 2.6; 114-1, Sept. 
  10, 2015, p__. At its organization for the 104th Congress, the House 
  resolved that each of the first 20 bills and each of the first two 
  joint resolutions introduced in that Congress could have more than one 
  Member reflected as a first sponsor.
      By unanimous consent, Members may add their own names as 
  cosponsors of an unreported bill where the primary sponsor is no 
  longer a Member of the House. Similarly, a designated Member may be 
  authorized to sign and submit lists of additional cosponsors where the 
  primary sponsor is no longer a Member. However, the Chair will not 
  otherwise entertain a unanimous-consent request to add cosponsors, 
  whether such request includes only the Member making the request, all 
  Members, or a specified additional sponsor. Such requests must be made 
  by a primary sponsor through the hopper not later than the last day on 
  which all committees authorized to report the bill have filed their 
  reports with the House. Manual Sec. 825. In the case of an unreported 
  bill considered pursuant to a special order of business, cosponsors 
  may be added or removed prior to the calling up of such bill pursuant 
  to the special order of business. For other unreported bills (such as 
  those considered by suspension), cosponsors may be added prior to the 
  vote on final passage. A unanimous-consent request to add cosponsors 
  has been vacated where it was discovered that the request came after 
  the bill had already been reported. 113-1, June 17, 2013, p__.


  Sec. 7 . Reference

                                 Generally

      When a bill is introduced, it is referred by the Speaker to 
  committee in accordance with clause 1 of rule X, the rule fixing the 
  jurisdiction of committees over particular subjects, and in accordance 
  with the referral procedures contained in clause 2 of rule XII. 
  Deschler Ch 16 Sec. 3. However, a bill referred by the House itself 
  may be sent to any committee without regard to the rules of 
  jurisdiction. 4 Hinds Sec. 4375; 7 Cannon Sec. 2131. Jurisdiction in 
  such a case is deemed conferred by the action of the House. 4 Hinds 
  Sec. Sec. 4362-4364; 7 Cannon Sec. 2105.
      Absent specific authority or the authority to originate, a 
  committee may not report a measure that has not been properly referred 
  to it by the Speaker or by the House. 4 Hinds Sec. Sec. 4355-4360; 7 
  Cannon Sec. Sec. 1029, 2101. The following committees are authorized 
  to originate and file from the floor as privileged, pursuant to clause 
  5 of rule XIII, certain bills and resolutions: Appropriations, the 
  Budget, House Administration, Rules, and Ethics. Manual Sec. Sec. 412, 
  853.

                        Erroneously Referred Bills

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

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

           Bills Reported From Committee; Referrals to Calendars

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


  Sec. 8 . Multiple Referrals; Sequential or Split Referrals

      Before the 94th Congress, a bill could not be referred to two or 
  more committees, even though it contained matters properly within the 
  jurisdiction of several committees. 4 Hinds Sec. 4372. However, in 
  1975 the House adopted clause 2(b) of rule XII, stating that every 
  referral must be made so as to ensure ``to the maximum extent 
  feasible'' that each committee having jurisdiction over the subject 
  matter of a provision will have responsibility for considering it and 
  reporting thereon to the House. Since 1995, clause 2(c)(1) of rule XII 
  has required the Speaker to designate a committee of primary 
  jurisdiction upon the initial referral of a measure to a committee 
  (except where it is determined that extraordinary circumstances 
  justify review by more than one committee as though primary). The 
  Speaker has discretion to:

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

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


  Sec. 9 . Bills Reported with Amendments

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

     A reported bill to another committee solely for consideration 
         of provisions of the first committee's amendment within its 
         jurisdiction, and not for consideration of the entire bill.
     A reported bill to two other committees for different periods 
         of time, solely for consideration of designated sections of the 
         first committee's recommended amendment.
     A reported bill solely for consideration of designated 
         portions of the first committee's amendment.
     Only a portion of the original text where the primary 
         committee's amendment would delete portions of the bill within 
         the sequential committee's jurisdiction.

  Manual Sec. 816.


  Sec. 10 . Matters Subject to Referral

                                 Generally

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

                     Senate Amendments to House Bills

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

                         Senate Bills and Messages

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


  Sec. 11 . Time Limitations on Referred Bills; Extensions

                                 Generally

      Pursuant to clause 2 of rule XII, the Speaker may impose a time 
  limit for the consideration by any committee of a bill that is 
  initially or sequentially referred, but normally does so only for a 
  sequential referral. The Speaker may sequentially refer a bill without 
  setting such limit or may set a limit as short as one day. Manual 
  Sec. 816.
      On the last day of an expiring sequential referral, a committee 
  has until midnight to file its report with the Clerk. Manual Sec. 816.
      Clause 2 of rule XII is not construed to prevent another committee 
  from reporting before the primary committee. An additional committee 
  may report at any time after introduction. It is the intent of the 
  rule to allow the primary committee to report before a measure is 
  scheduled for floor consideration. However, the measure may be 
  considered without a report by the primary committee. The measure also 
  may be considered when the Speaker exercises discretion to impose a 
  time limit on the primary committee for reporting (although such 
  discretion is rarely exercised) and such committee fails to meet the 
  deadline. In that case, the primary committee will be considered to 
  have been discharged from further consideration of the measure. Manual 
  Sec. 816.

                            Extensions of Time

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

                          Discharge of Committee

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


  Sec. 12 . Referrals to Select and Ad Hoc Committees

      The Speaker may refer bills, resolutions, and other matters 
  (including messages and communications) to select or ad hoc committees 
  established with the approval of the House. The House order 
  authorizing the select or ad hoc committee may require that referrals 
  to the committee be by initial or sequential reference or by some 
  other method provided by clause 2 of rule XII. Manual Sec. 816. For 
  more information on select and ad hoc committees, see Committees.


                             C. Private Bills


  Sec. 13 . In General

                                Background

      The practice of Congress in passing private bills for the benefit 
  of specific persons or entities was taken from the English Parliament 
  and began with the First Congress. The use of private bills steadily 
  increased thereafter, so much so that in some years the Congress 
  enacted more private bills than it did public bills. The 59th 
  Congress, for example, enacted more than 6,000 private bills, while it 
  enacted fewer than 700 public bills. 7 Cannon Sec. 1028. In recent 
  years, and especially since the adoption of the Legislative 
  Reorganization Act of 1946, the number of private bills enacted into 
  law has been steadily declining. Since the beginning of the 112th 
  Congress, only one private bill has been enacted.
      Because it lacks the generality of application that is normally 
  found in public laws, a private law is considered a legislative 
  anomaly. Congressional action in passing such laws has been based on 
  the rationale that because public laws cannot cover every situation or 
  extraordinary circumstance that might arise, Congress may, as part of 
  its general law-making function, create ``equitable law'' to cover 
  such circumstance. Note, Private Bills in Congress, 79 Harv. L. Rev. 
  1684 (1966).

                             Constitutionality

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

                               Omnibus Bills

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


  Sec. 14 . What Constitutes a Private Bill

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


  Sec. 15 . Introduction, Reference, and Consideration

      Private bills may be presented to the House only through a 
  sponsoring Member and may not be cosponsored. They are otherwise 
  introduced in the same manner as public bills. A Member with a private 
  bill to present (1) endorses the bill by signature and (2) delivers 
  the bill to the Clerk through the hopper. Clause 3 of rule XII; Manual 
  Sec. 818.
      Under clause 6 of rule XII, errors in the referral of private 
  bills may be corrected without action by the House at the suggestion 
  of the committee in possession of the bill. Because an erroneous 
  reference of a private bill does not confer jurisdiction on the 
  committee to report it, a point of order will lie against the bill 
  when it comes up for consideration in the House or in the Committee of 
  the Whole. Manual Sec. 824. A subcommittee may have specific rules 
  governing the consideration of private bills. Committee approval of 
  the bill is generally contingent upon a showing that the applicant has 
  no other remedy. A private bill reported out of committee is referred 
  to the Private Calendar.
      Private bills called on the Private Calendar are reviewed by a 
  group of ``official objectors'' consisting of six Members--three from 
  each party. As a matter of policy, the official objectors have 
  traditionally required that bills must be on the Private Calendar for 
  seven legislative days before being called up. See Private Calendar. A 
  Member serving as an official objector has periodically included in 
  the Congressional Record an explanation of how bills on the Private 
  Calendar are considered. Manual Sec. 896. If two or more Members of 
  the House object to a bill, it is recommitted to the committee that 
  reported it. Manual Sec. 895. However, such a bill may be ``passed 
  over without prejudice'' by unanimous consent for subsequent 
  consideration. Also, the provisions of a private bill may be reported 
  back in an omnibus bill. See Private Calendar. In modern practice, 
  private bills have not been scheduled by the Speaker for consideration 
  under suspension of the rules. This procedure has been reserved for 
  public bills.
      If the bill is unopposed, it is taken up in the House as in the 
  Committee of the Whole. The procedure for an omnibus private bill is 
  as follows:

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

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

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

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


  Sec. 16 . --Amendments

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


  Sec. 17 . Uses of Private Bills

                                 Generally

      Under the modern practice, most private bills granting relief to 
  individuals fall into one of five major categories: (1) bills 
  involving claims against the United States or waiving claims by the 
  Federal Government against specific individuals; (2) bills excepting 
  named individuals from certain requirements of the immigration or 
  naturalization laws; (3) conveyances of real property rights; (4) 
  tariff treatment for private entries; and (5) authorizing the 
  President to award the Medal of Honor to individuals still living. See 
  Sec. Sec. 18, 19, infra.
      Some private bills granting relief to identified individuals 
  merely permit the taking of some action that would otherwise be 
  prohibited by general law. For example, one favorably reported private 
  bill authorized Federal employees of the Social Security 
  Administration in Syracuse, New York, to transfer annual leave to a 
  fellow employee who had exhausted her sick leave during her treatment 
  for cancer. 100-2, H.R. 3625, H. Rept. 100-554. Another private bill 
  authorized the Secretary of Defense to allow the children of a secret 
  service agent killed while on duty to attend school at a United States 
  military facility in Puerto Rico (the family had been notified that 
  his children were no longer eligible to attend the school because the 
  children were no longer dependents of a Federal employee in Puerto 
  Rico). 100-2, H.R. 3439, H. Rept. 100-552.

                    Measures Barred From Consideration

      Under clause 4 of rule XII, a private bill may not be received or 
  considered if it authorizes or directs the payment of money for 
  property damages or for personal injuries or death for which suit may 
  be instituted under the Federal Tort Claims Act (FTCA). Private 
  pension bills (other than those to carry out a provision of law or 
  treaty stipulation) are also barred, as are bills providing for the 
  construction of a bridge across a navigable stream. Private bills 
  providing for the correction of a military record are likewise 
  proscribed. However, a private bill that merely changes the 
  computation of retired pay for a former member of the armed services 
  has been held permissible. Manual Sec. 822. The barring of private 
  bills in such cases is based on the availability to claimants of other 
  judicial or administrative remedies. Deschler Ch 24 Sec. 3. The FTCA, 
  for example, provides both administrative and judicial remedies in 
  certain personal injury cases involving the negligence of Federal 
  employees. 28 USC Sec. 2671.


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

                       Generally; Constitutionality

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

                                 Procedure

      Under clause 2(d) of rule XII, unanimous consent is required for 
  the referral of a private claim bill to a committee other than the 
  Committee on the Judiciary or the Committee on Foreign Affairs. Manual 
  Sec. 817. Most private bills involving claims against the government 
  are referred to the Committee on the Judiciary, which has jurisdiction 
  over such claims under clause 1(l) of rule X. For example, a private 
  bill providing to a named individual an entitlement to social security 
  benefits was referred as a private claim only to the Committee on the 
  Judiciary (in accord with clause 2(d) of rule XII) and, when reported 
  by that committee, was referred to the Private Calendar and not 
  sequentially to the Committee on Ways and Means. 106-2, Feb. 14, 2000, 
  p 1170.
      The Committee on the Judiciary refers a private claim bill to 
  either its Subcommittee on Immigration and Border Security or its 
  Subcommittee on the Constitution and Civil Justice (depending on the 
  nature of the claim). The relevant subcommittee may hold a hearing on 
  the matter. The full committee files its report with the House, and 
  the Speaker refers it to the Private Calendar. See also Sec. 15, 
  supra.

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

            Granting Relief; Consideration of Particular Claims

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

     To provide for the payment to settle certain property damage 
         claims of residents arising out of the 1973 occupation of 
         Wounded Knee, South Dakota. 100-2, H.R. 2711, H. Rept. 100-559.
     To provide for a payment to a child who had been sexually 
         assaulted by an employee of the Postal Service, who was 
         delivering mail at the time. A civil action against the United 
         States on behalf of the six-year-old claimant was filed under 
         the FTCA on the basis of negligent supervision of the employee 
         by the Postal Service, but this suit was unsuccessful, 
         intentional torts such as assault being excluded under the 
         provisions of the Act. 100-2, H.R. 4099, H. Rept. 100-556.
     To authorize certain firefighters to sue the United States for 
         injuries or death under the FTCA because the Secretary of Labor 
         had determined that the firefighters were Federal employees 
         covered by another statute--the Federal Employee Compensation 
         Act--which precluded claims under the FTCA. 100-2, H.R. 2682, 
         H. Rept. 100-547.
     To waive the discretionary-function and foreign-country 
         exceptions to the FTCA, thereby granting jurisdiction for a 
         claimant to sue the government for claims arising at a U.S. 
         Army health facility in Germany for improperly administered 
         smallpox vaccination. 100-2, H.R. 2684, H. Rept. 100-442.
     To provide compensatory relief in a contract case based on a 
         moral obligation of the government, such as when money was 
         promised and not paid. 87-1, Priv. L. 87-195, H. Rept. 87-232; 
         100-2, H.R. 3185, H. Rept. 100-549.
     To adjust or credit the account of a Federal official or to 
         reimburse a government employee for expenditures made by him at 
         the direction of his employer. 7 Cannon Sec. 863; 100-2, H.R. 
         3388, H. Rept. 100-551.
     To permit claimants to receive an annuity under the Civil 
         Service Retirement System. 100-2, H.R. 2889, H. Rept. 100-548; 
         100-2, H.R. 1864, H. Rept. 100-546.
     To relieve a Federal employee of liability for repayment of 
         travel expenses erroneously paid to him by his employer. 100-2, 
         H.R. 3941, H. Rept. 100-555; 100-2, H.R. 3347, H. Rept. 100-
         550.
     To suspend or waive a statute of limitations where the 
         government has been unjustly enriched at the expense of the 
         claimant (87-1, Priv. L. 87-23, H. Rept. 87-176), or where to 
         do so would be in the interests of ``justice and equity'' (100-
         1, H.R. 1491, H. Rept. 100-439).
     To provide payment to an individual injured by a government-
         prescribed fire. 104-2, S. 966, H. Rept. 104-638.
     To provide reimbursement to an entity for emergency work under 
         the Robert T. Stafford Disaster and Emergency Assistance Act. 
         104-1, H.R. 419, H. Rept. 104-359.

  Sec. 19 . --Immigration and Naturalization Cases

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

     Restore a prospective immigrant to his place on a quota 
         waiting list when that place was lost through no fault of the 
         immigrant. 83-2, Priv. L. 601, H. Rept. 83-2078.
     Grant asylum to a Communist aviator who flew his plane to the 
         West. 83-2, Priv. L. 380, H. Rept. 83-650.
     Grant permanent-residency status to a Philippino woman who 
         became pregnant while visiting the United States under a 
         temporary visa, where the father had acquired permanent-
         residency status, and where the alternative would have been to 
         separate the family, with the mother and infant returning to 
         the Philippines and the father remaining in the United States. 
         100-1, S. 393, H. Rept. 100-354.
     Reinstate U.S. citizenship to a man who had renounced 
         citizenship in 1950 due to family obligations when he was 
         married to a Mexican national. 100-1, H.R. 2358, H. Rept. 100-
         381.
     Enable a record-holding swimmer from East Germany who had 
         defected to the United States to file a petition for 
         naturalization, without regard to residence or Communist Party 
         membership. 100-2, H.R. 446, H. Rept. 100-598.
     Grant the status of permanent residence to a sports and media 
         figure retroactively to 1950 and provide that he be considered 
         to have complied with residential and physical presence 
         requirements of the Immigration and Naturalization Act. 86-2, 
         Priv. L. 86-486, H. Rept. 1506.
     To permit certain individuals who were evacuated from Kuwait 
         during the Persian Gulf War to file for permanent-residency 
         status. 106-2, H.R. 3646, H. Rept. 106-580.


                  D. Restrictions on Certain Public Bills


  Sec. 20 . Appropriations

                    Appropriations on Legislative Bills

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

                   Transportation Obligation Limitations

      Clause 3 of rule XXI provides a restriction against general 
  appropriation bills that provide spending authority from balances in 
  the Highway Trust Fund (other than transfers from the general fund of 
  the Treasury) or reduces or limits the accruing balances of that trust 
  fund for anything other than activities authorized for highway or mass 
  transit programs. A former version of this rule enforced specified 
  minimum levels of surface transportation obligation limitations. 
  Manual Sec. 1064; see also Appropriations, Sec. 59a.

                       Funding for Aviation Programs

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


  Sec. 21 . Tax and Tariff Measures

      Under clause 5(a) of rule XXI, a bill or joint resolution carrying 
  a tax or tariff measure may not be reported by a committee other than 
  the Committee on Ways and Means; and points of order lie against those 
  provisions when the reported bill is read for amendment. The 
  prohibition extends to consideration of an amendment in the House or 
  proposed by the Senate that carries a tax or tariff measure offered 
  during the consideration of such bill or joint resolution. For a 
  discussion of the restrictions against bills and amendments carrying a 
  tax or tariff, see Manual Sec. 1066.
      Clause 5(c) of rule XXI precludes consideration of a bill, joint 
  resolution, amendment, or conference report that carries a retroactive 
  Federal income tax rate increase. The rule defines a ``Federal income 
  tax rate increase'' as any amendment to subsection (a), (b), (c), (d), 
  or (e) of section 1, or to section 11(b) or 55(b), of the Internal 
  Revenue Code of 1986, that imposes a new percentage as a rate of tax 
  and thereby increases the amount of tax imposed by any such section. 
  The rule further specifies that a Federal income tax rate increase is 
  retroactive if it applies to a period beginning before the enactment 
  of the provision. Manual Sec. 1068.


  Sec. 22 . Designation of Public Works

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


  Sec. 23 . Prohibition on Commemorations

      Clause 5 of rule XII precludes introduction and consideration of a 
  bill or resolution, or an amendment thereto, if it establishes or 
  expresses a commemoration. The term ``commemoration'' is defined by 
  the rule as a remembrance, celebration, or recognition for any purpose 
  through the designation of a specified period of time. Manual 
  Sec. 823.


  Sec. 24 . Earmarks

      Clause 9 of rule XXI precludes the consideration of bills and 
  joint resolutions unless a list of congressional earmarks, limited tax 
  benefits, and limited tariff benefits, are included in the committee 
  report. For unreported bills and certain amendments, this list must be 
  printed in the Congressional Record. In lieu of such a list, a 
  statement that the legislation contains no such earmarks, tax or 
  tariff benefits may also be submitted. Clause 9 of rule XXI also 
  precludes the consideration of conference reports whose joint 
  explanatory statement fails to include the requisite earmark 
  statement.
      The point of order raised against consideration of a measure under 
  this rule must be based solely on the failure to include the requisite 
  earmark statement. The Chair does not rule on the sufficiency or 
  accuracy of such statements, but merely takes cognizance of their 
  presence or absence in the report, the joint explanatory statement, or 
  the Congressional Record, as applicable. See 110-1, May 10, 2007, pp 
  12190, 12191.
      Pursuant to clause 9(c) of rule XXI, it is not in order to 
  consider a special order of business or other order of the House that 
  waives the earmark statement requirements in clause 9(a) or (b) of 
  rule XXI. A point of order under that paragraph is decided by the 
  question of consideration. See Question of Consideration.


  Sec. 25 . Budget-Related Restrictions

      Certain budgetary schemes contained in House rules or enacted into 
  law place restrictions on the consideration of measures that violate 
  those budgetary rules. For a detailed discussion of these 
  restrictions, see Budget Process.
  
                                 CHAPTER 7
                              BUDGET PROCESS

                              HOUSE PRACTICE

  Sec.  1. In General
  Sec.  2. --Earlier Statutes
  Sec.  3. --The Paygo/Cutgo Rule
  Sec.  4. --The Statutory Pay-As-You-Go Act of 2010 (Stat-Paygo)
  Sec.  5. Committee Jurisdiction; Reports and Estimates
  Sec.  6. The Budget Timetable
  Sec.  7. Budget Resolutions; Consideration and Debate
  Sec.  8. --Amendments to Budget Resolutions
  Sec.  9. --Debate on Conference Reports
  Sec.  10. --Budget Resolution to Precede Consideration of Related 
  Legislation
  Sec.  11. Reconciliation Procedures
  Sec.  12. Adherence to Budget Resolution Spending and Revenue Levels
  Sec.  13. Other Spending Controls
  Sec.  14. --Sequestration
  Sec.  15. --New Contract Authority; New Borrowing Authority
  Sec.  16. --New Entitlement Authority
  Sec.  17. Social Security Funds
  Sec.  18. The Budget Process and the Public Debt Limit
  Sec.  19. Impoundments Generally
  Sec.  20. --Rescissions
  Sec.  21. --Deferrals
  Sec.  22. Unfunded Mandates
  Sec.  23. Earmarks
  Sec.  24. Recent Developments
        Research References
          Deschler Ch 41
          Deschler Ch 13 Sec. 21
          Manual Sec. Sec. 169, 719, 748, 853, 990, 1068c, 1068f, 1129-
            1130
          Budget and Accounting Act of 1921
          Congressional Budget and Impoundment Control Act of 1974
          Balanced Budget and Emergency Deficit Control Act of 1985 
            (Gramm-Rudman)
          Balanced Budget and Emergency Deficit Control Reaffirmation 
            Act of 1987
          Budget Enforcement Act of 1990
          Omnibus Budget Reconciliation Act of 1993
          Unfunded Mandates Reform Act of 1995
          Budget Enforcement Act of 1997
          Statutory Pay-As-You-Go Act of 2010
          Budget Control Act of 2011
          Bipartisan Budget Act of 2013
          Bipartisan Budget Act of 2015


  Sec. 1 . In General

      There are three stages in the complex process by which the 
  Congress allocates the fiscal resources of the Federal government. 
  There is an authorization process, under which Federal programs are 
  created in response to national needs. There is an appropriations 
  process under which funding is provided for those programs. See 
  Appropriations. Finally, there is a congressional budget process that 
  annually establishes an overall fiscal policy of spending and revenues 
  and that institutes a complex web of procedures to enforce those 
  budgetary decisions. The overall fiscal policy is established by the 
  annual adoption of a concurrent resolution on the budget. The 
  congressional budget process sometimes includes the development and 
  consideration of reconciliation legislation to implement its most 
  significant budget policies. These three stages are not necessarily 
  considered or completed in chronological order.
      The enforcement of budgetary decisions encompasses both 
  congressional and executive actions. Such enforcement is rooted 
  principally in three statutes--the Congressional Budget Act of 1974 
  (the Budget Act), the Balanced Budget and Emergency Deficit Control 
  Act of 1985 (Gramm-Rudman), and the Statutory Pay-As-You-Go Act of 
  2010 (Stat-Paygo). Recent laws from 2011, 2013, and 2015, also provide 
  enforcement mechanisms for budgetary decisions. See Sec. 24, infra. 
  The Budget Act permits enforcement through parliamentary points of 
  order against legislation violating its requirements and procedures. 
  However, the enforcement mechanisms are not automatically applied and 
  timely points of order from the floor are required to bring them into 
  play. Gramm-Rudman made significant revisions to the Budget Act and 
  its budgetary control mechanisms. See Sec. 2, infra. Stat-Paygo 
  provides for a scorecard and a procedure that will result in 
  sequestration (automatic spending cuts) if the scorecard shows a 
  debit. The Budget Control Act of 2011 established a point of order if 
  discretionary spending caps are violated and provided sequestration 
  procedures.


  Sec. 2 . --Earlier Statutes

                   The Budget and Accounting Act of 1921

      Budget reform began with the passage of the Budget and Accounting 
  Act of 1921. That Act established a new budget system that permitted 
  all items relating to a department to be brought together in the same 
  bill; required the President to submit an annual national budget to 
  Congress in place of the previous uncoordinated agency submissions; 
  created the Office of Management and Budget (OMB) to assist in this 
  respect; and established the General Accounting Office and made it the 
  principal auditing arm of the Federal government. 31 USC Sec. 1101.

                   The Congressional Budget Act of 1974

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

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

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

       The Balanced Budget and Emergency Deficit Control Act of 1985

      The Balanced Budget and Emergency Deficit Control Act of 1985 
  (Gramm-Rudman) made further significant changes in the budget process, 
  and in the Budget Act procedures. 2 USC Sec. 900. Conceived as a 
  statutory response to the burgeoning Federal deficit, Gramm-Rudman 
  instituted a single binding concurrent resolution on the budget, 
  binding committee allocations, reconciliation (a process for 
  reconciling budgetary goals with current law), and enforcement of 
  spending through sequestration. Gramm-Rudman included provisions 
  amending the Budget Act to permit a new point of order against 
  legislation exceeding the appropriate committee allocation 
  (Sec. 302(f) of the Budget Act), exempting the title II Social 
  Security program from reconciliation (Sec. 310(g) of the Budget Act), 
  and precluding the breaching of budget authority or outlay ceilings or 
  revenue floors, with certain exceptions (Sec. 311 of the Budget Act). 
  Pursuant to section 275 of Gramm-Rudman, several provisions of Gramm-
  Rudman expired on September 30, 2002, including two provisions 
  providing for sequestration to enforce discretionary spending 
  (Sec. 251) and deficit targets (Sec. 253). Some of these provisions 
  were revived by the Budget Control Act of 2011.

         Budget Enforcement Act of 1990; Revisions and Extensions

      The Budget Enforcement Act of 1990 (BEA of 1990) revised the 
  Gramm-Rudman deficit targets, made deficit targets adjustable, and 
  extended the sequestration process. It set limitations on distinct 
  categories of discretionary spending and created a paygo process that 
  would trigger a sequestration of funds should increases in direct 
  spending or decreases in revenues cause a net increase in the deficit 
  for a given year. Sec. Sec. 13-16, infra.

                      Budget Enforcement Act of 1997

      The Budget Enforcement Act of 1997 (BEA of 1997) extended the 
  discretionary spending limits and paygo process through fiscal year 
  2002 and further changed the congressional budget process. For a more 
  detailed discussion of its revisions, see Budget Enforcement Act of 
  1997: Summary and Legislative History, CRS, Oct. 8, 1997.


  Sec. 3 . --The Paygo/Cutgo Rule (clause 10 of rule XXI)

                                 Generally

      In the 112th Congress, the House created a procedure known as 
  ``Cut-As-You-Go'' (cutgo) which permitted a point of order to be 
  raised against certain matters providing a net increase in mandatory 
  spending. The current rule was based on earlier procedures known as 
  ``Pay-As-You-Go'' or paygo. At different times over the past three 
  decades, different procedures in the House have fallen under this 
  label. The term paygo was first used in law in section 252 of Gramm-
  Rudman as part of a process that required that direct spending and 
  revenue legislation enacted into law be deficit neutral. The original 
  statutory paygo process, as noted above, was first instituted in 1990 
  and, while textually still in law, only applies to legislation enacted 
  prior to the end of the fiscal year 2002. Today the House operates 
  under another statutory paygo process (Stat-Paygo), enacted in 2010 
  (Pub. L. No. 111-139). See Sec. 4, infra. The House first adopted a 
  separate paygo rule providing a point of order against measures in the 
  110th Congress (clause 10 of rule XXI). That rule was converted in the 
  112th Congress to the current cutgo rule. For a more detailed 
  description of Stat-Paygo, see The Statutory Pay-As-You-Go Act of 
  2010: Summary and Legislative History, CRS, Sept. 13, 2010. For more 
  on the former House paygo rule, see Manual Sec. 1068e for the 111th 
  Congress (H. Doc. 110-162).

                  The Cutgo Rule (clause 10 of rule XXI)

      The House cutgo rule establishes a point of order against measures 
  that cause an increase in mandatory spending over a six- or eleven-
  year time period. The effect of the measure is determined on the basis 
  of estimates made by the Committee on the Budget. 112-1, Jan. 26, 
  2011, pp 919, 920. The rule also provides special procedures when 
  evaluating measures that (1) are considered under a rule that directs 
  the Clerk to add the text of one measure to another after passage, or 
  (2) contain provisions designated as an emergency.

                       Definitions and Time Periods

      The cutgo rule only addresses measures that affect mandatory 
  spending. The rule equates ``mandatory spending'' with ``direct 
  spending'' and uses the definition of direct spending found in section 
  250 of Gramm-Rudman with an exception for certain provisions in 
  appropriation Acts. The rule also uses the definitions of ``budget 
  year'' and ``current year'' found in section 250 of Gramm-Rudman (the 
  ``budget year'' is the fiscal year that begins on October 1 of the 
  calendar year in which that session of Congress begins; the ``current 
  year'' is the fiscal year immediately preceding the budget year).
      The rule provides both a six- and eleven-year time period in which 
  a measure may not increase mandatory spending. Specifically, the 
  measure may not increase mandatory spending for the period comprising 
  either: (1) the current year, the budget year, and the four years 
  following that budget year; or (2) the current year, the budget year, 
  and the nine years following that budget year.

                                 Estimates

      The effect of the measure on mandatory spending is based on 
  estimates provided by the Committee on the Budget. This is similar to 
  the authority vested in the Committee on the Budget by section 312 of 
  the Budget Act over estimates of levels of new budget authority, 
  outlays, direct spending, new entitlement authority, and revenues for 
  purposes of titles III and IV of the Budget Act. The Chair is 
  authoritatively guided by estimates from the Committee on the Budget 
  as to the net effect of a measure as compared to the proposition to 
  which it was offered. 112-1, Jan. 26, 2011, pp 919, 920. Pursuant to 
  clause 4 of rule XXIX, the Chair may obtain authoritative guidance 
  with respect to budgetary levels from the chair of the Committee on 
  the Budget.

                             Linking Measures

      The rule provides for a special evaluation when a measure is being 
  considered under a special order of business that directs the Clerk to 
  add the text of one measure to another measure following passage. 
  Specifically, the rule provides that if a bill, joint resolution, or 
  amendment is considered pursuant to a special order of the House 
  directing the Clerk to add as new matter at the end of such measure 
  the entire text of a separate measure or measures as passed by the 
  House, the new matter shall be included in the evaluation of the bill, 
  joint resolution, or amendment. Clause 10(b) of rule XXI. See Special 
  Orders of Business.

                          Emergency Designations

      The rule excludes provisions designated as emergencies in certain 
  measures from the cutgo evaluation. The rule specifically excludes a 
  provision designated as an emergency under Stat-Paygo in the case of a 
  point of order against: (1) a bill or joint resolution; (2) an 
  amendment made in order as original text by a special order of 
  business; (3) a conference report; or (4) an amendment between the 
  Houses. Clause 10(c)(1) of rule XXI. The rule also provides that in 
  the case of an amendment (other than an amendment made in order as 
  original text or an amendment between the Houses) the evaluation of 
  the Committee on the Budget shall give no cognizance to any 
  designation of emergency. Clause 10(c)(2) of rule XXI. This provision 
  creates a level playing field for amendments by requiring the 
  Committee on the Budget to evaluate amendments offered from the floor 
  (including those proposed in a motion to recommit) to the underlying 
  text as if both the amendment and the underlying text did not include 
  such emergency designations. For a discussion of the treatment of 
  emergency designations under the Budget Control Act of 2011, see 
  Sec. 24, infra.

                         Reconciliation Directives

      Clause 7 of rule XXI provides that it is not in order to consider 
  a concurrent resolution on the budget, or an amendment thereto, or a 
  conference report thereon, that contains reconciliation directives 
  under section 310 of the Congressional Budget Act of 1974 that specify 
  changes in law that would cause an increase in net direct spending for 
  the period of the concurrent resolution on the budget.


  Sec. 4 . --The Statutory Pay-As-You-Go Act of 2010 (Stat-Paygo)

                                 Generally

      The Statutory Pay-As-You-Go Act of 2010 (Pub. L. No. 111-139) was 
  enacted in 2010. That Act established a new budget enforcement 
  mechanism to require that new direct spending and revenue legislation 
  enacted into law not increase the deficit. Under this procedure, the 
  budgetary effects of direct spending and revenue legislation are 
  carried on paygo scorecards covering five- and ten-year periods. If at 
  the end of a congressional session a scorecard shows a net debit, the 
  President issues an order known as a ``sequestration order'' that 
  results in a largely across-the-board cut in certain programs equal to 
  the amount of the debit.
      Section 4 of the Act establishes a procedure whereby budgetary 
  effects of certain measures for purposes of maintaining a paygo 
  scorecard are determined by Congress. This procedure permits the House 
  and Senate to include language in bill text to direct that the scoring 
  of a measure be determined by reference to an estimate submitted in 
  the Congressional Record by the chair of either the House or Senate 
  Committee on the Budget or both acting together in the case of a 
  conference report. If such language is not included, the budgetary 
  effects are determined by the Office of Management and Budget.
      Section 4 of the Act provides that the provisions that are 
  designated as emergency requirements under the Act are not counted as 
  budgetary effects. The Act further provides that the Chair must put 
  the question of consideration with regard to each measure carrying an 
  emergency designation. See Question of Consideration. The question of 
  consideration is obviated when the House considers legislation 
  pursuant to a motion to suspend the rules. 113-2, July 30, 2014, p__.

                        Budgetary Effects Procedure

      Stat-Paygo establishes a procedure where the budgetary effects of 
  legislation are determined by either the Congress or by the Office of 
  Management and Budget. The Act provides for congressional scoring to 
  be used if (1) specified legislative language is contained in the 
  measure and (2) a statement issued by the relevant chair of the 
  Committee on the Budget (or jointly by both chairs in the case of 
  amendments between the Houses and conference reports) has been printed 
  in the Congressional Record prior to the final vote on the measure. 
  The language required to be included in the measure is as follows:

      The budgetary effects of this Act, for the purpose of complying 
    with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
    reference to the latest statement titled `Budgetary Effects of paygo 
    Legislation' for this Act, submitted for printing in the 
    Congressional Record by the chair of the (House and/or Senate) 
    Budget Committee, provided that such statement has been submitted 
    prior to the vote on passage (or in the House acting first on this 
    conference report or amendments between the Houses).

      For examples of Congressional Record submissions to accompany the 
  textual reference, see 111-2, Feb. 25, 2010, pp 1952, 1953 (submission 
  with respect to a bill) and 111-2, May 28, 2010, p 9969 (submission 
  with respect to a House amendment to a Senate amendment). Any 
  deviation from the statutory formula in terms of content or timing 
  could result in the budgetary effects being measured by the Office of 
  Management and Budget rather than Congress.

                          Emergency Designations

      Section 4 of the Act provides that a provision of direct spending 
  or revenue legislation may be designated as an emergency for purposes 
  of the Act. The budgetary effects of such a provision are not included 
  in the estimate provided under the Act by CBO or OMB, as applicable. 
  Sec. 4(g). The Act also provides that if an emergency designation 
  under the Act is included in a measure in the House, the Chair must 
  put the question of consideration on such measure. Sec. 4(g)(2). 
  Emergency designations are not counted as matter within the 
  jurisdiction of the Committee on the Budget for purposes of section 
  306 of the Budget Act. Sec. 4(a)(4). The Budget Control Act of 2011 
  provides a separate treatment for emergency designations and motions 
  to strike such designations. See Sec. 24, infra.


  Sec. 5 . Committee Jurisdiction; Reports and Estimates

                   Committee on the Budget Jurisdiction

      To implement the congressional budget process, the Budget Act 
  created the Senate and House Budget Committees and CBO. 2 USC 
  Sec. 601. The Budget Committees were authorized to draft the 
  concurrent resolution on the budget. Unlike the authorizing and 
  appropriating committees, which focus on individual Federal programs, 
  the Budget Committees focus on the Federal budget as a whole and on 
  how it affects the national economy.
      Clause 1(d) of rule X gives the Committee on the Budget 
  jurisdiction over matters relating to the congressional budget, 
  including concurrent resolutions on the budget and measures on budget 
  process and on the enforcement of budget controls. Manual Sec. 719. 
  Section 310 of the Budget Act provides conditions for the reporting by 
  the Budget Committees of reconciliation measures.
      Section 306 of the Budget Act prohibits the consideration in 
  either House of a bill or resolution dealing with a matter within the 
  jurisdiction of its Committee on the Budget if not reported from that 
  committee or discharged therefrom. The following were held to violate 
  this section:

     An amendment directing that certain lease-purchase agreements 
         be scored on an annual basis for budget purposes. Deschler-
         Brown-Johnson-Sullivan Ch 41 Sec. 16.2.
     An amendment designating an appropriation as ``emergency 
         spending'' within the meaning of the budget-enforcement laws. 
         Deschler-Brown-Johnson-Sullivan Ch 41 Sec. 16.1.

      An emergency designation under Stat-Paygo does not constitute 
  matter within the jurisdiction of the Committee on the Budget for 
  purposes of section 306 enforcement. The Bipartisan Budget Act of 2013 
  amended section 306 of the Budget Act to clarify that its prohibition 
  with regard to resolutions applied to joint resolutions only (as well 
  as amendments thereto and conference reports thereon). Pub. L. No. 
  113-67. This amendment to the Budget Act codified an implementation of 
  section 306 that had been carried as a separate order of the House 
  since the 107th Congress. See, e.g., 107-1, H. Res. 5, Jan. 3, 2001, p 
  26.

                      Committee on Rules Jurisdiction

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

            Committee Reports; Cost Estimates and Scorekeeping

      CBO provides economic and programmatic analyses and cost 
  information on most reported public bills and resolutions. Under the 
  Budget Act, five-year cost estimates are prepared and published in the 
  reports accompanying these bills. Sec. Sec. 308(a)(1)(B), 402 of the 
  Budget Act. Committees are separately required to include an estimate 
  of the costs incurred in carrying out the bill or joint resolution in 
  the fiscal year it is reported and in each of the five following 
  fiscal years (which may be satisfied by including a section 402 
  estimate). A committee cost estimate identifying certain spending 
  authority as recurring annually and indefinitely was held necessarily 
  to address the five-year period required by this section. Deschler-
  Brown-Johnson-Sullivan Ch 41 Sec. 7.1.
      Committee reports on legislation providing new budget authority or 
  a change in revenues or tax expenditures are required to contain the 
  estimates and other detailed information mandated by section 308(a) of 
  the Budget Act. The information mandated by section 308(a) also is 
  required under clause 3(c)(2) of rule XIII, except that the estimates 
  with respect to new budget authority must include, when practicable, a 
  comparison of the total estimated funding level for the relevant 
  program (or programs) to the appropriate levels under current law. 
  Manual Sec. 840.
      If a measure is reported without an estimate of its cost, a point 
  of order under clauses 3(c)(2) (requiring that an estimate under 
  section 308 of the Budget Act be included in the report) and 3(d)(1) 
  of rule XIII may be made against consideration of the measure. If the 
  report fails to include an estimate under section 402 of the Budget 
  Act timely submitted by CBO, a point of order under clause 3(c)(3) of 
  rule XIII may be made against consideration of the measure. However, a 
  special order of business for the consideration of a bill that ``self-
  executes'' the adoption of an amendment providing new budget authority 
  into a bill to be subsequently considered does not, itself, provide 
  new budget authority within the meaning of section 308 of the Budget 
  Act (so as to require a report by the Committee on Rules to include 
  such a cost estimate). Manual Sec. 1127. The Committee on the Budget 
  has certain scorekeeping responsibilities under section 312 of the 
  Budget Act, the House cutgo rule, and Stat-Paygo.
      The Director of CBO is required to issue to all committees of the 
  House and the Senate monthly reports detailing and tabulating the 
  progress of congressional action on specified bills and resolutions. 
  Sec. 308(b)(1) of the Budget Act. The Budget Committees of each House 
  are required to prepare budget ``scorekeeping'' reports and to make 
  them available frequently enough to provide Members of each House with 
  an accurate representation of the current status of congressional 
  consideration of the budget. Sec. 308(b)(2) of the Budget Act.
      In the 114th Congress, clause 8 was added to rule XIII to provide 
  that cost estimates for major legislation prepared by the 
  Congressional Budget Office and the Joint Committee on Taxation shall, 
  to the extent practicable, incorporate the budgetary effects of 
  macroeconomic variables resulting from such legislation. Manual 
  Sec. 868a. This requirement replaced a former requirement that 
  macroeconomic impact analyses be included in certain committee reports 
  from the Committee on Ways and Means. Manual Sec. 849a.
      For a discussion of committee allocations, see Sec. 12, infra.


  Sec. 6 . The Budget Timetable

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

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

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

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

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

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

      Note: These reports provide the Budget Committees with an early 
  and comprehensive indication of committee legislative planning. These 
  reports include estimates of new budget authority and outlays.

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

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

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

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

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

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

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

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

      Deadlines for other stages in the budget process, such as 
  notification of adjustment in maximum deficit amounts, the President's 
  mid-session budget review, and various CBO and OMB sequestration 
  reports, were provided for in section 254(a) of Gramm-Rudman. Other 
  than October 1 (beginning of new fiscal year), the dates established 
  in section 300 are targets to be met each year. Failure to meet the 
  targets does not inhibit consideration of measures beyond those dates.
      Under clause 2(d) of rule X, each standing committee (other than 
  the Committees on Appropriations, Ethics, and Rules) must submit its 
  authorization and oversight plan for the Congress to the Committees on 
  Oversight and Government Reform, House Administration, and 
  Appropriations by February 15 of the first session. These plans must 
  be reported to the House by the Committee on Oversight and Government 
  Reform by March 31 of the session. Clause 2(d) of rule X.


  Sec. 7 . Budget Resolutions; Consideration and Debate

                                 Generally

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

                    Consideration of Budget Resolutions

      A concurrent resolution on the budget that has been reported as 
  privileged pursuant to clause 5(a) of rule XIII is privileged for 
  consideration under procedures set forth in section 305 of the Budget 
  Act, but those procedures do not apply to unreported budget 
  resolutions. 98-2, Apr. 5, 1984, pp 7992, 7993. The House may vary the 
  parameters of consideration by unanimous consent, by suspension of the 
  rules, or by adoption of a special order of business, because the 
  statutory provisions concerned were enacted as exercises of the 
  rulemaking powers of the House under the Constitution. Sec. 904(a) of 
  the Budget Act. It is customary for the House to vary the parameters 
  for consideration of a budget resolution by adopting a special order 
  of business recommended by the Committee on Rules. Such rules have 
  permitted only designated amendments in the nature of substitutes, and 
  perfecting amendments have been precluded. See, e.g., 103-2, H. Res. 
  384, Mar. 10, 1994, p 4346; 107-1, H. Res. 100, Mar. 28, 2001, p 4758; 
  111-1, H. Res. 305, Apr. 1, 2009, p 9515.
      Section 305(a)(1) of the Budget Act requires a three-day layover 
  period that starts when the report on the resolution first becomes 
  available. Clause 4(a) of rule XIII. Section 305(a) of the Budget Act 
  also provides for consideration in the Committee of the Whole; limits 
  general debate to not more than ten hours, with up to an additional 
  four hours permitted on economic goals and policies; and provides for 
  consideration of amendments under the five-minute rule. Sec. 8, infra. 
  After the Committee of the Whole rises and reports the resolution back 
  to the House, the previous question is considered as ordered on the 
  resolution and any amendments thereto to adoption without intervening 
  motion. Neither a motion to recommit the resolution nor a motion to 
  reconsider is in order. Sec. 305(a)(2)-(5) of the Budget Act. The yeas 
  and nays are required to be put on the question of adoption of a 
  concurrent resolution on the budget. Clause 10 of rule XX.
      A budget resolution being considered in Committee of the Whole has 
  been held subject to a motion to rise and report the resolution back 
  to the House with the recommendation that the resolving clause be 
  stricken. 103-1, Mar. 18, 1993, p 5658.
      The question of adoption of a budget resolution may under some 
  circumstances be divided so as to permit a separate vote on particular 
  sections therein. Manual Sec. 921. The question of adoption of a 
  budget resolution containing one section revising the congressional 
  budget for the fiscal year, preceded by sections setting forth budget 
  targets for ensuing fiscal years as well as reconciliation 
  instructions, and followed by a final section on reporting of certain 
  fiscal information, was divided on the demand of a Member for two 
  separate votes (1) on the first and final portions of the resolution 
  and then (2) on the separable section in between. Deschler-Brown-
  Johnson-Sullivan Ch 41 Sec. 5.18. The rule providing for the 
  consideration of a budget resolution normally precludes a demand for a 
  division on the question of its adoption. See, e.g., 107-1, H. Res. 
  100, Mar. 28, 2001, p 4758.
      In the 113th and 114th Congresses, the House adopted a separate 
  order (contained in the resolution adopting the standing rules) that 
  created a point of order against any budget resolution, amendment 
  thereto, or conference report thereon, that did not contain certain 
  information regarding ``means-tested'' and ``nonmeans-tested'' direct 
  spending programs. 113-1, Jan. 3, 2013, p__; 114-1, Jan. 6, 2015, p__.


  Sec. 8 . --Amendments to Budget Resolutions

                                 Generally

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

              Amendments to Achieve Mathematical Consistency

      Clause 10 of rule XVIII requires, with certain exceptions, that 
  amendments to concurrent resolutions on the budget be mathematically 
  consistent. Under this rule, amendments making changes in budget 
  authority and outlay aggregate totals must be accompanied by 
  comparable changes in functional categories. A point of order will lie 
  against an amendment to the resolution increasing the aggregates and a 
  functional category for budget authority and outlays but not changing 
  the amount of the deficit. However, an amendment that only transfers 
  an amount of budget authority from one functional category to 
  another--that is, reduces one category by a certain amount and adds 
  the same amount to another category--need make no changes in the 
  aggregates to achieve mathematical consistency. 96-1, May 8, 1979, p 
  10271.
      An amendment to achieve mathematical consistency throughout the 
  resolution may either change the functional categories to conform with 
  the aggregates, or vice versa, and if such an amendment is offered and 
  rejected, another amendment in different form to achieve mathematical 
  consistency may be offered. 96-1, May 14, 1979, pp 10967-75. Under 
  section 305(a)(5) of the Budget Act, an amendment or amendments to 
  achieve mathematical consistency can be offered at any time up to 
  adoption.
      A change in the public debt limit from that figure reported by the 
  Committee on the Budget is not in order, except as part of an 
  amendment offered at the direction of the Committee on the Budget to 
  achieve mathematical consistency. Clause 10 of rule XVIII. For more on 
  the public debt limit, see Sec. 18, infra.

                                Germaneness

      Unless protected by a special order of business, an amendment to a 
  concurrent resolution on the budget must be germane to the text of the 
  resolution. An amendment expressing the sense of Congress that the 
  Impoundment Control Act be repealed for a fiscal year and calling for 
  a review of the Budget Act and the budget process was conceded to be 
  not germane to a particular budget resolution. 96-2, Nov. 18, 1980, p 
  30026. However, in recent years, budget resolutions have tended to 
  include more statements of policy, thus expanding the range of policy 
  amendments that may be germane.


  Sec. 9 . --Debate on Conference Reports

      Unless limited by a special order of business, there can be up to 
  five hours of debate in the House on a conference report on a 
  concurrent resolution on the budget under section 305(a)(6) of the 
  Budget Act, to be equally divided between the majority and minority 
  parties. Where the conferees report in total disagreement, debate on 
  the motion to dispose of the amendment in disagreement is not governed 
  by the statute and is instead considered under the general ``hour'' 
  rule in the House. See, e.g., 95-2, May 17, 1978, p 14117. Under 
  section 305(a)(6) of the Budget Act, neither a motion to recommit nor 
  a motion to reconsider is available on a conference report.


  Sec. 10 . --Budget Resolution to Precede Consideration of Related 
            Legislation

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

     A conference report containing new spending authority in the 
         form of entitlements to become effective in fiscal years 1978 
         through 1980, where the concurrent resolution on the budget for 
         those fiscal years had not yet been adopted. Manual Sec. 1127.
     An amendment providing new entitlement authority to become 
         effective in a fiscal year before adoption of the budget 
         resolution for that year. Manual Sec. 1127.
     An amendment providing new budget authority for a fiscal year, 
         before adoption of a budget resolution for that year. Manual 
         Sec. 1127.
     A motion to recommit proposing an amendment providing an 
         increase in revenues for a fiscal year before adoption of a 
         budget resolution for that year. Deschler-Brown-Johnson-
         Sullivan Ch 41 Sec. 9.6.

      While section 303 provides that a point of order lies only against 
  a bill or joint resolution that has been reported (Sec. 303(b)(3) of 
  the Budget Act), clause 8 of rule XXI provides that title III of the 
  Budget Act operates without regard to whether the measure concerned 
  has been reported.
      The Bipartisan Budget Act of 2013 amended section 315 of the 
  Budget Act to provide that section 303 points of order would be 
  enforced against a reported bill or joint resolution considered under 
  a special order of business on the basis of the text made in order as 
  an original bill or joint resolution (or the text on which the 
  previous question is ordered directly to final passage). Pub. L. No. 
  113-67. This amendment to the Budget Act codified an application of 
  section 303 that had been carried as a separate order of the House 
  since the 106th Congress. See, e.g., 106-1, H. Res. 5, Jan. 6, 1999, p 
  47.
      Waivers of section 303 have been provided pursuant to a special 
  order of business from the Committee on Rules. See Sec. 4, supra. 
  Section 303 does not apply after April 15 if the measure would not 
  increase the deficit or lower revenues below the aggregate level of 
  Federal revenues set forth in the concurrent resolution on the budget. 
  Sec. 302(g) of the Budget Act.


  Sec. 11 . Reconciliation Procedures

      Sections 301(b)(2) and 310 of the Budget Act provide for the 
  inclusion of reconciliation instructions in a budget resolution and 
  for the reporting and consideration of reconciliation legislation. 
  Reconciliation instructions direct committees to recommend changes in 
  existing law to achieve the goals in spending or revenues contemplated 
  by the budget resolution. If reconciliation instructs more than one 
  committee in each House, then all committees instructed are to submit 
  their recommendations to their respective Budget Committees. The 
  Budget Committees then assemble, without substantive revision, all the 
  recommendations into one bill for action by the House or Senate. 
  Sec. 310 of the Budget Act. Reconciliation instructions may 
  contemplate several reconciliation bills, including a bill that 
  reduces revenues. See, e.g., 104-2, May 21, 1996, p 11939-41 (decision 
  of Chair sustained on appeal in the Senate); 106-1, H. Con. Res. 68, 
  Mar. 25, 1999, pp 5754, 5755 (House adoption of budget resolution). 
  Section 310 provides expedited consideration in both Houses of 
  reconciliation legislation, provided the reconciliation bill has been 
  reported as privileged pursuant to clause 5(a) of rule XIII. However, 
  it is customary for the House to vary the parameters for consideration 
  of a reconciliation bill by adopting a special order of business 
  resolution recommended by the Committee on Rules. See, e.g., 107-1, H. 
  Res. 142, May 16, 2001, p 8191. Clause 7 of rule XXI provides a point 
  of order against reconciliation instructions that cause a net increase 
  in direct spending.
      Section 310(c)(1)(A) of the Budget Act permits committees, in 
  meeting their reconciliation targets, to alternatively substitute 
  revenue and spending changes by up to 20 percent of the sum of the 
  absolute value of reconciled changes as long as the result does not 
  increase the deficit relative to the reconciliation instructions. 
  Section 310(d) of the Budget Act requires that amendments offered to 
  reconciliation legislation in either the House or the Senate must not 
  increase the level of deficit (if any) in the resolution. Section 313 
  of the Budget Act addresses the subject of ``extraneous'' material in 
  a reconciliation bill--the so-called ``Byrd Rule.'' The enforcement of 
  this section applies only in the Senate but can be directed against 
  matter originating in the House.


  Sec. 12 . Adherence to Budget Resolution Spending and Revenue Levels

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

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

      With certain exceptions, section 311(a) of the Budget Act 
  precludes specified measures--including amendments and conference 
  reports--that would cause total budget authority or total outlays to 
  exceed, or total revenues to be below, the level set forth in the 
  budget resolution. The provision is enforced by points of order 
  against the consideration of reported measures that would breach the 
  ``appropriate levels'' of total new budget authority or total outlays 
  or total revenues in the budget resolution. The point of order must be 
  timely raised and is not in order after debate on a measure has begun. 
  113-2, July 11, 2014, p__.
      The Chair has sustained points of order under section 311(a) of 
  the Budget Act in the following instances:

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

                                ``Deemers''

      The House has adopted resolutions to ``deem'' budget parameters to 
  be in place for temporary enforcement. These ``deemers'' have 
  typically been carried in either a special order of business reported 
  from the Committee on Rules or as a separate order in an opening-day 
  resolution adopting the standing rules for a Congress. See Deschler-
  Brown-Johnson-Sullivan Ch 41 Sec. 17; 111-2, H. Res. 1493, July 1, 
  2010, pp 12571, 12572, 12587; 113-1, H. Res. 5, Jan. 3, 2013, p__; 
  113-1, H. Res. 243, June 4, 2013, p__; 113-2, H. Res. 557, Apr. 30, 
  2014, p__; 114-1, H. Res. 5, Jan. 6, 2015, p__; 114-1, H. Res. 223, 
  Apr. 29, 2015, p__. These resolutions often empower the chair of the 
  Committee on the Budget to place allocations in the Congressional 
  Record that are ``deemed'' in place for purposes of enforcing the 
  Budget Act. See, e.g., 106-1, H. Res. 5, Jan. 6, 1999, p 47; 112-1, H. 
  Res. 5, Jan. 5, 2011, p 80; 112-1, H. Res. 38, Jan. 25, 2011, p 627.

            Committee Allocations (Sec. 302 of the Budget Act)

      Section 302(a) of the Budget Act provides for an allocation to 
  each committee of ``appropriate levels'' of new budget authority and 
  outlays, which are published in the joint statement of managers 
  accompanying a conference report on the budget resolution.
       Each committee is allocated an overall level for discretionary 
  spending that is consistent with the congressional budget plan. Under 
  section 302(b) of the Budget Act, the Committee on Appropriations of 
  each House then subdivides its allocations among its subcommittees. 
  After the Committee on Appropriations has received a 302(a) 
  allocation, section 302(c) of the Budget Act precludes consideration 
  of an appropriation measure until that committee has made its 
  suballocation under section 302(b). Points of order under section 
  302(c) apply separately to the consideration of bills and amendments. 
  Thus, a waiver of points of order against consideration of an 
  appropriation bill before filing of a report from the Committee on 
  Appropriations allocating new budget authority among its subcommittees 
  does not extend to an amendment providing new budget authority in 
  addition to the amounts contained in the bill. Deschler-Brown-Johnson-
  Sullivan Ch 41 Sec. Sec. 11.25, 11.26.
      Any Member may raise a point of order under section 302(f) of the 
  Budget Act against a bill, amendment, or conference report that would 
  exceed the relevant committee allocation. An amendment that provides 
  no new budget authority or outlays but instead results in outlay 
  savings is not subject to a point of order under these provisions. 
  100-1, June 30, 1987, p 18308. The Chair has sustained points of order 
  under section 302(f) of the Budget Act in the following instances:

     An amendment to a general appropriation bill increasing the 
         level of new discretionary budget authority in excess of the 
         relevant allocation under 302(b) of the Budget Act. 108-1, July 
         25, 2003, p 19722-24; 109-2, June 27, 2006, p 12802.
     An amendment to a general appropriation bill proposing to 
         strike a provision scored as negative budget authority and thus 
         providing new budget authority in excess of the relevant 
         allocation under section 302(b) of the Budget Act. Deschler-
         Brown-Johnson-Sullivan Ch 41 Sec. 11.12.
     An amendment to a general appropriation bill offsetting an 
         increase in the level of discretionary budget authority with a 
         decrease in an account designated as ``emergency spending,'' 
         such designation rendering that account invisible under the 
         Budget Act and thus unavailable for an offsetting transfer. 
         Deschler-Brown-Johnson-Sullivan Ch 41 Sec. 11.7.
     An amendment to a general appropriation bill proposing to 
         strike a provision stating that a specified increment of new 
         discretionary budget authority provided by the bill would 
         ``become available for obligation only upon the enactment of 
         future appropriations legislation,'' thus causing the bill to 
         provide additional new discretionary budget authority in that 
         incremental amount in excess of the relevant 302(b) allocation. 
         Deschler-Brown-Johnson-Sullivan Ch 41 Sec. 11.10.
     A motion to commit a bill with instructions proposing to 
         provide new budget authority in excess of the relevant 302(a) 
         allocation. Deschler-Brown-Johnson-Sullivan Ch 41 Sec. 11.17.
     A motion to recommit a bill with instructions proposing to 
         provide new budget authority in excess of the relevant 302(a) 
         allocation. Deschler-Brown-Johnson-Sullivan Ch 41 
         Sec. Sec. 11.16, 11.18.
     An amendment to a general appropriation bill transferring 
         amounts between two separate 302(b) allocations of the same 
         subcommittee of the Committee on Appropriations, thus causing a 
         breach of one of the allocations. 112-2, July 18, 2012, p__.

      In the 109th Congress, the House adopted a resolution creating a 
  point of order against a motion to rise and report an appropriation 
  bill that exceeded an applicable allocation of new budget authority 
  under section 302(b) of the Congressional Budget Act of 1974. Such a 
  point of order has been carried forward in subsequent Congresses by 
  separate order contained in the opening-day rules package. Manual 
  Sec. 1044b.

                       The Section 311(c) Exception

      As noted above, section 311(a) of the Budget Act precludes 
  Congress from considering legislation that would cause total revenues 
  to fall below, or total new budget authority or total outlays to 
  exceed, the appropriate level set forth in the budget resolution. 
  However, section 311(a) does not apply in the House to legislation 
  that provides new budget authority if the committee reporting the 
  measure has stayed within its section 302(a) allocation of new budget 
  authority. See Sec. 311(c) of the Budget Act. Accordingly, for the 
  purposes of section 311, the House may take up any measure providing 
  new budget authority that is within the appropriate committee 
  allocations, even if it would cause total spending to be exceeded.

                            Emergency Spending

      In prior years, Congress used a variety of mechanisms to exempt 
  spending designated as emergency spending from constraints imposed by 
  the Budget Act. For example, an amount designated as an emergency 
  might be rendered ``invisible'' and not taken into account for certain 
  Budget Act purposes, as under section 606(d) (now repealed). Under 
  other procedures, automatic adjustments in budget levels and committee 
  allocations would be triggered to account for amounts designated as 
  emergencies, as under section 314 (now revised).
      The Budget Control Act of 2011 provided for new treatment in the 
  House for provisions containing amounts designated as an emergency and 
  made substantial changes to the operation of section 314 of the Budget 
  Act. See Sec. 24, infra. In addition, emergency spending is sometimes 
  governed by provisions in the concurrent resolution on the budget. 
  Finally, emergency designations are also accorded special treatment 
  under clause 10 of rule XXI and Stat-Paygo. See Sec. Sec. 3, 4, supra.
      For restrictions on ``commingling'' emergency designations, see 
  clause 2(e) of rule XXI.

             Chair Guided by Committee on the Budget Estimates

      When the Chair decides questions of order under titles III and IV 
  of the Budget Act, section 312(a) of the Budget Act requires the 
  reliance on estimates provided by the Committee on the Budget in 
  determining levels of new budget authority, outlays, direct spending, 
  new entitlement authority, and revenues for a fiscal year. See, e.g., 
  106-2, June 8, 2000, pp 9940-3. Under clause 4 of rule XXIX, such 
  estimates may be provided to the Chair by the chair of the Committee 
  on the Budget. Manual Sec. 1105b.


  Sec. 13 . Other Spending Controls

                                 Generally

      The House has frequently made use of separate orders, applicable 
  for the instant Congress only, that provide mechanisms for budgetary 
  enforcement. Such separate orders may be contained in a simple 
  resolution of the House, in a separate section of the resolution 
  adopting the standing rules at the beginning of a Congress, or in a 
  separate section of the concurrent resolution on the budget. For 
  example, the House has established a point of order against a measure 
  that provides advance appropriations or would cause discretionary 
  advance appropriations to exceed a certain level. See, e.g., 106-1, H. 
  Con. Res. 83, May 8, 2001, p 7364; 112-1, H. Res. 5, Jan. 5, 2011, p 
  80; 115-1, H. Res. 5, Jan. 3, 2017, p__. The House has also 
  established points of order against measures that would increase 
  mandatory or direct spending above a certain level. 112-1, H. Res. 5, 
  Jan. 5, 2011, p 82; 115-1, H. Res. 5, Jan. 3, 2017, p__.
      For a detailed explanation of deficit targets, discretionary 
  spending limits, and paygo processes, see Introduction to the Federal 
  Budget Process, CRS, Dec. 3, 2012.

                             Land Conveyances

      In the 115th Congress, the House (by separate order) provided that 
  any measure requiring or authorizing a conveyance of Federal land 
  shall not be considered as providing new budget authority, decreasing 
  revenues, increasing mandatory spending, or increasing outlays. 115-1, 
  H. Res. 5, Jan. 3, 2017, p__.


  Sec. 14 . --Sequestration

      Sequestration (an automatic spending reduction process) involves 
  the issuance of a Presidential order that permanently cancels 
  budgetary authority (except for special funds and trust funds) for the 
  purpose of achieving a required amount of outlay savings. Currently, 
  sequestration authority is provided by Stat-Paygo and the Budget 
  Control Act of 2011. Pursuant to Stat-Paygo, the budgetary effects of 
  direct spending and revenue legislation are carried on scorecards 
  covering five- and ten-year periods. The President is required to 
  issue a sequestration order (prepared by OMB) if, at the end of a 
  congressional session, either scorecard shows a net debit. The 
  sequestration order results in a largely across-the-board cut equal to 
  the amount of the debit, the specifics of which can be found in 
  section 6 of Stat-Paygo.
      The Budget Control Act of 2011 established annual discretionary 
  spending limits for security and non-security spending for a ten-year 
  period. The Act also mandated sequestration procedures to eliminate a 
  breach in either category. The Act also established a point of order 
  in section 314 of the Congressional Budget Act against any bill, joint 
  resolution, amendment, motion, or conference report that would cause 
  the discretionary spending caps to be exceeded.

                              Direct Spending

      A conventional authorization establishes or continues a government 
  agency or program. Although it may limit the amount of budget 
  authority that may be appropriated for that purpose, the authorized 
  funds are available only to the extent provided for in appropriation 
  Acts originated by the Committee on Appropriations. Deschler Ch 25 
  Sec. 2.13; see Appropriations. Spending legislation that circumvents 
  the appropriations process is called ``direct spending'' (sometimes 
  referred to as ``mandatory spending''). Under clause 10 of rule XXI, 
  direct spending includes spending described in section 250(c)(8) of 
  Gramm-Rudman (budget authority provided by law other than 
  appropriation Acts, entitlement authority, and the Supplemental 
  Nutrition Assistance Program) and, additionally, provisions in 
  appropriation Acts that make outyear modifications to substantive law 
  as described in section 3(4)(C) of Stat-Paygo.


  Sec. 15 . --New Contract Authority; New Borrowing Authority

      New budget authority provided by law other than appropriation Acts 
  may take the form of new contract authority or new authority to incur 
  indebtedness (often referred to as ``borrowing authority'').
      With certain exceptions, section 401(a) of the Budget Act requires 
  new contract authority and new authority to incur indebtedness to be 
  effective only as provided in appropriation Acts. The various 
  authorities referred to in section 401(a) of the Budget Act do not 
  apply to bills that provide legislative authorizations that are 
  subject to the appropriations process. Whether or not an amendment to 
  a pending measure violates section 401(a) of the Budget Act is 
  determined by its marginal effect on the pending measure (rather than 
  current law). See 102-2, Mar. 26, 1992, p 7183.


  Sec. 16 . --Entitlement Authority

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

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

  Manual Sec. 1127.

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

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

  Manual Sec. 1127.

      In recent Congresses, the House has adopted an order of the House 
  excluding Federal compensation from the definition of entitlement 
  authority. See, e.g., 112-1, H. Res. 5, Jan. 5, 2011, p 80. The 
  Bipartisan Budget Act of 2013 amended section 401 of the Budget Act to 
  codify this exclusion. Pub. L. No. 113-67.

            Points of Order under Section 401 of the Budget Act

      A point of order under section 401 lies against a reported bill or 
  joint resolution and not against an unreported measure. Manual 
  Sec. 1127. The spending authorities subject to constraints under 
  section 401, as forms of direct spending, are also subject to the 
  spending constraints on new budget authority under sections 302(f), 
  303, and 311(a) of the Budget Act.


  Sec. 17 . Social Security Funds

      Under section 13301 of the BEA of 1990, receipts and disbursements 
  of the Social Security trust funds are not to be counted as new budget 
  authority, outlays, receipts, or as deficit or surplus. The off-budget 
  status of these programs applies for purposes of the President's 
  budget, the congressional budget, and under Gramm-Rudman. Manual 
  Sec. 1129. In the 112th Congress, this section was effectively waived 
  by a separate order requiring discretionary administrative expenses of 
  the Social Security Administration be included in a section 302(a) 
  allocation. 112-1, Jan. 5, 2011, p 80. Section 13302 of the BEA of 
  1990 creates a ``fire wall'' point of order in the House to prohibit 
  the consideration of legislation that would change certain balances of 
  the Social Security trust funds over specified periods. Manual 
  Sec. 1129.
      Section 310(g) of the Budget Act prohibits the consideration of 
  reconciliation legislation that contains recommendations with respect 
  to the title II program under the Social Security Act (OASDI). In the 
  114th and 115th Congresses, the House adopted a separate order 
  prohibiting the consideration of measures that would reduce the 
  actuarial balance of the Federal Old-Age and Survivors Insurance Trust 
  Fund by a certain percentage. 115-1, Jan. 3, 2017, p__; 114-1, Jan. 6, 
  2015, p__.


  Sec. 18 . The Budget Process and the Public Debt Limit

      A limit on the public debt is fixed by law. 31 USC Sec. 3101. The 
  public debt limit may be changed by enactment of a bill or joint 
  resolution. See, e.g., 101-2, H.R. 5350, Aug. 4, 1990; the Omnibus 
  Budget Reconciliation Act of 1993. A former rule of the House (known 
  as the ``Gephardt rule'') generated and deemed passed a joint 
  resolution automatically upon adoption by Congress of a concurrent 
  resolution on the budget that set forth a level of the public debt 
  that is different from the statutory limit. Rule XXVIII was first 
  adopted in the 96th Congress. It was rendered inoperative on occasion. 
  See, e.g., 104-1, H. Res. 149, May 17, 1995, pp 13275, 13276; 105-1, 
  H. Res. 152, May 20, 1997, p 8904. It was repealed in the 107th 
  Congress, reinstated in the 108th Congress, and repealed again in the 
  112th Congress. Manual Sec. 1104.
      The Budget Control Act of 2011 provided for incremental increases 
  in the debt limit by the President and expedited procedures for the 
  Congress to disapprove of those increases. For a description of the 
  procedures for increasing the debt limit under the Budget Control Act 
  of 2011, see Sec. 24, infra.
      Section 301(a)(5) of the Budget Act requires the budget resolution 
  to set forth the appropriate level for the public debt. Under clause 
  10(c)(1) of rule XVIII, it is not in order to consider an amendment to 
  the budget resolution that proposes to change the appropriate level 
  for the public debt. Reconciliation directives relative to changes in 
  the public debt may be included in the concurrent resolution on the 
  budget under section 310(a)(3) of the Budget Act.


  Sec. 19 . Impoundments Generally

             Executive Branch Authority; Types of Impoundments

      The executive branch has no inherent power to impound appropriated 
  funds. In the absence of express congressional authorization to 
  withhold funds appropriated for implementation of a legislative 
  program, the executive branch must spend all the funds. Kennedy v. 
  Mathews, 413 F. Supp. 1240 (D.D.C. 1976); see also Train v. City of 
  New York, 420 U.S. 35 (1975). Accordingly, if the controlling statute 
  gives the officials in question no discretion to withhold the funds, a 
  court may grant injunctive relief directing that they be made 
  available. Kennedy, 413 F. Supp. 1245.
      The impoundment of appropriated funds may be proposed by the 
  President pursuant to the Impoundment Control Act of 1974. Manual 
  Sec. 1130(6A). Two types of impoundments are referred to by this 
  statute: (1) rescissions, which are the permanent cancellation of 
  spending, and (2) deferrals, which impose a temporary delay in 
  spending. Sec. Sec. 1012, 1013 of the Impoundment Control Act; 2 USC 
  Sec. 681.
      The Impoundment Control Act was enacted by Congress in an effort 
  to control the budgetary impoundment powers asserted by the President. 
  As the court noted in City of New Haven v. United States, 634 F. Supp. 
  1449 (D.D.C. 1986), in the early 1970s the President began to use 
  impoundments as a means of shaping domestic policy, withholding funds 
  from various programs he did not favor. The legality of these 
  impoundments was repeatedly litigated, and by 1974, impoundments had 
  been vitiated in many cases. See, e.g., National Council of Community 
  Mental Health Centers, Inc. v. Weinberger, 361 F. Supp. 897 (D.D.C. 
  1973) (public health funds).


  Sec. 20 . --Rescissions

      Under the Impoundment Control Act, the President may propose to 
  rescind all or part of the budget authority Congress has appropriated 
  for a particular program. To propose a rescission, the President must 
  send a special message to Congress detailing the amount of the 
  proposed rescission, the reasons for it, and a summary of the effects 
  the rescission would have on the programs involved. Sec. 1012(a) of 
  the Impoundment Control Act. Under the Act, Congress then has 45 days 
  within which to approve the proposed rescission by a ``rescission 
  bill'' that must be passed by both Houses. Sec. 1012(b) of the 
  Impoundment Control Act. If the rescission bill is not approved, the 
  President must allow the full amount appropriated to be spent. City of 
  New Haven v. United States, 634 F. Supp. 1449, 1452 (D.D.C. 1986).
      The 45-day period prescribed by the Act applies only to the 
  initial consideration of the bill; the consideration of a conference 
  report on such a bill is subject only to the general rules of the 
  House relating to conference reports and is not prevented by the 
  expiration of the 45-day period following the initial consideration of 
  the bill. Manual Sec. 1130(6A).
      The Impoundment Control Act sets forth detailed procedures 
  expediting and governing the consideration of a rescission bill 
  introduced under its provisions. Sec. 1017(a)-(c) of the Impoundment 
  Control Act. These procedures are rarely invoked in the modern 
  practice, and the ``rescission bill'' referred to in the Act is not 
  the only means by which the House may take action on such a matter. 
  The House may address the question through other legislation without 
  following the procedures set forth in section 1017 of the Impoundment 
  Control Act. 94-1, Mar. 25, 1975, p 8484.
      Rescissions of prior appropriations are more often reported in 
  general appropriation bills, and the inclusion of rescission language 
  by the Committee on Appropriations is excepted from the prohibition 
  against provisions ``changing existing law'' under clause 2(b) of rule 
  XXI. See Manual Sec. Sec. 1038, 1043, 1052. However, this exception 
  does not extend to amendments or to the rescission of contract 
  authority provided by a law other than an appropriation Act. Manual 
  Sec. 1052.


  Sec. 21 . --Deferrals

      Under section 1013(a) of the Impoundment Control Act, the 
  President must notify Congress of the proposed deferral of any budget 
  authority, the reasons for the deferral, the impact the deferral will 
  have on the programs involved, and ``any legal authority invoked to 
  justify the proposed deferral.'' 2 USC Sec. 684(a).
      Until 1986 the Impoundment Control Act was used frequently as the 
  basis for Presidential deferral proposals and for their consideration 
  by the Congress. Section 1013 of the Impoundment Control Act allowed a 
  deferral to be overridden by a resolution of disapproval passed by 
  either House. Congress could reject the proposal by one-House veto or 
  in subsequent legislation. Today, the Congress may disapprove a 
  deferral only through the enactment of a law (often an appropriation 
  Act). It may not do so through a resolution of disapproval only by one 
  House under court rulings. Manual Sec. 1130.
      In 1986 a suit was brought to contest the validity of certain 
  deferrals proposed by the President under section 1013 of the 
  Impoundment Control Act. In November 1985, the President had signed 
  the fiscal year 1986 appropriations bill for the Department of Housing 
  and Urban Development, which appropriated funds for certain community 
  development programs. In February 1986, the President sent impoundment 
  notices to Congress pursuant to the Act announcing his deferrals of 
  the expenditure of funds for the programs at issue. The plaintiffs in 
  the suit included various cities, community groups, and Members of 
  Congress. The plaintiffs challenged as unconstitutional the provision 
  allowing a so-called one-House legislative veto of impoundments 
  proposed by the President, such vetoes having been declared 
  unconstitutional under the Supreme Court decision in Immigration and 
  Naturalization Service v. Chadha, 462 U.S. 919 (1983). The plaintiffs 
  argued that the unconstitutional legislative veto provision contained 
  in section 1013 rendered the entire section invalid, leaving the 
  President without statutory authority on which to base the deferrals 
  in question. After analyzing the intent of Congress in enacting 
  section 1013, the District Court for the District of Columbia held 
  that the section's unconstitutional legislative veto provision was 
  inseverable from the remainder of the section. City of New Haven v. 
  United States, 634 F. Supp. 1449 (D.D.C. 1986). Accordingly, the court 
  declared section 1013 void in its entirety and ordered the defendants 
  to make the deferred funds available for obligation. City of New 
  Haven, 634 F. Supp. 1460. The judgment of the District Court in 
  striking down section 1013 in its entirety was affirmed by the U.S. 
  Court of Appeals. City of New Haven v. United States, 809 F.2d 900 
  (D.C. Cir. 1987).
      In 1987, after section 1013 of the Impoundment Control Act was 
  declared unconstitutional, the Act was amended to exclude the one-
  House legislative veto procedure, and limitations were placed on the 
  purposes for which deferrals could be made. Section 1013 of the 
  Impoundment Control Act now permits deferrals only in three specified 
  situations: ``to provide for contingencies,'' ``to achieve savings 
  made possible by or through changes in requirements or greater 
  efficiency of operations,'' or ``as specifically provided by law.'' 
  The same language is used in the Anti-Deficiency Act. 31 USC 
  Sec. 1512(c)(1). The purpose of such language was to preclude the 
  President from invoking section 1013 as authority for implementing 
  ``policy'' impoundments, while preserving the President's authority to 
  implement routine ``programmatic'' impoundments. City of New Haven, 
  809 F.2d 906 (note).

                           Unreported Deferrals

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


  Sec. 22 . Unfunded Mandates

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


  Sec. 23 . Earmarks

      While only indirectly related to the congressional budget process, 
  the subject of earmarks is addressed by the rules of the House. The 
  House rules define a congressional earmark as ``a provision or report 
  language included primarily at the request of a Member, Delegate, 
  Resident Commissioner, or Senator providing, authorizing, or 
  recommending a specific amount of discretionary budget authority, 
  credit authority, or other spending authority for a contract, loan, 
  loan guarantee, grant, loan authority, or other expenditure with or to 
  an entity, or targeted to a specific state, locality or Congressional 
  district, other than through a statutory or administrative formula-
  driven or competitive award process.'' Clause 9(e) of rule XXI. This 
  clause also defines ``limited tax benefit'' and ``limited tariff 
  benefit,'' which are treated in the same fashion as earmarks.
      The House attempts to limit or restrict the use of earmarks 
  through the mechanism of a disclosure requirement. Clause 9(a) of rule 
  XXI provides for a point of order against consideration of bills and 
  joint resolutions (whether or not reported from committee), 
  ``manager's'' amendments to bills or joint resolutions (offered at the 
  outset of consideration), or conference reports that do not comply 
  with the disclosure requirement. Clause 9(b) provides a similar point 
  of order for conference reports accompanying general appropriation 
  bills.
      In each case, the disclosure required to be made is a list of all 
  congressional earmarks, limited tax benefits, and limited tariff 
  benefits contained in the measure, or, alternatively, a statement that 
  the measure contains no such earmarks, or tax or tariff benefits. 
  Depending on the measure at issue, such disclosure is required to be 
  made in the committee report (for reported bills or resolutions), 
  printed in the Congressional Record prior to consideration (for 
  unreported bills or joint resolutions), or contained in the joint 
  explanatory statement of managers (for conference reports). A 
  committee may cure a defective earmark statement contained in a 
  committee report by filing a supplemental report under clause 3(a)(2) 
  of rule XIII. 111-2, July 30, 2010, p 14834.
      Clause 9(c) of rule XXI provides a point of order against a 
  special order of business reported from the Committee on Rules that 
  waives the application of either clause 9(a) or 9(b) of rule XXI. 
  Disposition of this point of order is decided by the question of 
  consideration, which the Chair puts to the House when the point of 
  order is made. Such question of consideration is debatable for 20 
  minutes, with 10 minutes controlled by the Member raising the point of 
  order and 10 minutes controlled by a Member opposed. The manager of 
  the measure has the right to close debate on the question of 
  consideration. 111-2, Mar. 21, 2010, p 4105. The question of 
  consideration is decided without intervening motion, except for one 
  motion that the House adjourn. This same procedure is followed with 
  respect to points of order made under clause 9(b) regarding conference 
  reports accompanying regular general appropriation bills. For a 
  further discussion of questions of consideration, see Question of 
  Consideration.
      It is important to note that the disclosure requirement is 
  fulfilled by the mere presence of the disclosure statement in the 
  required document, whether that be a committee report, the 
  Congressional Record, or a joint statement accompanying a conference 
  report. When ascertaining the validity of a point of order under 
  clause 9(a), the Chair consults the pertinent document and notes the 
  presence or absence of the required statement. The Chair does not 
  assess the accuracy or sufficiency of the required earmark statement. 
  See 110-1, May 10, 2007, pp 12190, 12191.
      For additional precedents regarding the timing and application of 
  this rule, see Manual Sec. 1068d.
      In the 114th Congress, Congress enacted a tariff law that, inter 
  alia, created a new requirement for the chair of the Committee on Ways 
  and Means to submit a list of limited tariff benefits to accompany 
  certain tariff legislation. Pub. L. No. 114-159.


  Sec. 24 . Recent Developments

                      The Budget Control Act of 2011

      The Budget Control Act of 2011 was enacted on August 2, 2011. The 
  Act combined a series of budget control mechanisms with a proposal to 
  increase the limit of the public debt. The procedural aspects of the 
  Act included (1) the establishment of annual discretionary spending 
  caps over a ten-year period enforceable by a point of order and 
  sequestration; (2) altering the treatment for funding designated as 
  emergencies including protections for a motion to strike such a 
  designation; (3) requiring a vote in each body on a joint resolution 
  proposing a balanced budget amendment to the Constitution by a time 
  certain and providing expedited treatment of such a joint resolution 
  in the other body; (4) allowing for staged increases in the limit of 
  the public debt by the President with expedited procedures for joint 
  resolutions disapproving each increase; and (5) creation of a joint 
  select committee directed to produce a measure by a date certain that 
  would achieve a specified amount of deficit reduction and which would 
  then be considered by each House on an expedited basis (with failure 
  to enact such legislation by such date resulting in automatic 
  sequestration).
      The Budget Control Act of 2011 established annual discretionary 
  spending limits for security and non-security spending for a ten-year 
  period. The Act also mandated sequestration procedures to eliminate a 
  breach in either category. The Act also established a point of order 
  in section 314 of the Budget Act against any bill, joint resolution, 
  amendment, motion, or conference report that would cause the 
  discretionary spending caps to be exceeded.
      The Budget Control Act of 2011 amended section 314 of the Budget 
  Act to provide for new treatment in the House for provisions 
  containing amounts designated as an emergency. Under the law, a 
  provision contained in a reported bill or joint resolution, or 
  amendment thereto, or conference report thereon providing new budget 
  authority or outlays or reducing revenue and designated as an 
  emergency under Gramm-Rudman would be entitled to special scoring by 
  the chair of the House Committee on the Budget. Specifically, the 
  chair of the Committee on the Budget does not count the budgetary 
  effects of the provision under titles III and IV of the Congressional 
  Budget Act and the rules of the House. The Act also removes procedural 
  hurdles for a motion to strike an emergency designation under Gramm-
  Rudman and attach thereto an accompanying across-the-board cut to 
  achieve budget neutrality. Specifically, a motion to strike an 
  emergency designation under Gramm-Rudman is not counted by the chair 
  of the Committee of the Budget for purposes of titles III and IV of 
  the Congressional Budget Act and the rules of the House. Such a 
  proposal to strike an emergency designation may also contain an 
  across-the-board cut that may be offered at any point in the reading 
  of a measure. These two steps obviate a point of order that striking 
  an emergency designation would increase the budget authority or reduce 
  revenues above or below enforceable levels and allow for an across-
  the-board cut to address each account in the pending measure 
  regardless of how far the reading has progressed.
      The Budget Control Act of 2011 provided for a vote in each body on 
  a joint resolution proposing a balanced budget amendment to the 
  Constitution by a date certain. However, no such joint resolution was 
  able to pass either body. The Act also provided for incremental 
  increases in the debt limit by the President and expedited procedures 
  for the Congress to disapprove of those increases. However, no such 
  joint resolution of disapproval was ever enacted. Finally, the Act 
  established a Joint Select Committee on Deficit Reduction composed of 
  six Senators and six Members of the House equally divided by party. 
  The goal of the joint select committee was ``to reduce the deficit by 
  at least $1.5 trillion over the period of fiscal years 2012 to 2021.'' 
  However, the joint select committee failed to reach this goal, and the 
  expedited procedures for the consideration of its recommendations were 
  never utilized. The joint committee was terminated in 2012.

                     The Bipartisan Budget Act of 2013

      The Bipartisan Budget Act of 2013 was enacted on December 26, 
  2013. Pub. L. No. 113-67. It revised the Budget Control Act of 2011 by 
  adjusting the caps on discretionary spending and extending the 
  sequestration enforcement period through fiscal year 2023. It further 
  deemed in place a prior budget resolution for the remainder of the 
  113th Congress. It also required the chair of the Committee on the 
  Budget to publish budget aggregates and allocations in the 
  Congressional Record at levels set by reference to the revised 
  discretionary spending caps, and prospectively deemed such aggregates 
  and allocations to be enforceable under the Budget Act as though part 
  of a budget resolution. The Act did not make any changes to the public 
  debt limit, which had been statutorily suspended earlier in the year 
  (in the context of a continuing resolution). Pub. L. No. 113-46. 
  Finally, the Bipartisan Budget Act of 2013 amended the Congressional 
  Budget Act to codify certain orders of the House regarding the 
  definition of entitlement authority and the application of section 303 
  and section 306 points of order. See Sec. Sec. 5, 10, and 16, supra.

                     The Bipartisan Budget Act of 2015

      The Bipartisan Budget Act of 2015 was enacted on November 2, 2015. 
  Pub. L. No. 114-74. It made fewer substantive changes to the budget 
  process compared to the Bipartisan Budget Act of 2013, but it did 
  further revise the discretionary spending caps put in place by the 
  Budget Control Act of 2011. The sequestration enforcement mechanism 
  was also extended through fiscal year 2025. The Act also suspended the 
  public debt limit until March 15, 2017.
  
                                 CHAPTER 8
                            CALENDAR WEDNESDAY

                              HOUSE PRACTICE

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


  Sec. 1 . In General; Forms

      Under clause 6 of rule XV, the Calendar Wednesday rule, Wednesdays 
  are set apart for the consideration, pursuant to a call of committees, 
  of nonprivileged bills on the House and Union Calendars. The Calendar 
  Wednesday procedure is utilized infrequently due to its cumbersome 
  operation and to the fact that nonprivileged bills may be considered 
  more effectively pursuant to other procedures, such as a special order 
  of business from the Committee on Rules, suspension of the rules, or 
  unanimous consent. Deschler Ch 21 Sec. 4.
      At the beginning of the 111th Congress, the Calendar Wednesday 
  rule was changed to require the committee chair, or other member 
  authorized by the committee, to announce an intention to request a 
  call of the committees. Absent such a request, the call of the 
  committee does not occur. This change obviated the need for weekly 
  unanimous-consent requests to waive the Calendar Wednesday rule, which 
  had become more frequent in modern practice. The Calendar Wednesday 
  rule does not apply during the last two weeks of a session. Manual 
  Sec. 900; Sec. 10, infra.
      At the beginning of the 113th Congress, the Calendar Wednesday 
  rule was further clarified to provide that ``[p]recedents, 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.'' 113-1, H. Res. 5, Jan. 3, 2013, p__. Thus, 
  procedural rulings made prior to the 111th Congress on these issues of 
  precedence should be read in light of this new requirement of 
  consistency with the modern form of the rule. Manual Sec. 900.

                                   Form

      Speaker: Today is Calendar Wednesday, and the Clerk will call the 
    roll of those committees whose chair or other member authorized by 
    the committee has so requested.
      Member (when the appropriate committee is called): M_. Speaker, by 
    direction of the Committee on _____, I call up H.R.___.

      Note: Calendar Wednesday business may be called up only on formal 
  authorization by the committee. A Member without such authorization 
  may not call up the bill if objection is made. Sec. 6, infra.

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

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

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


  Sec. 2 . Business Considered on Calendar Wednesday

      Committees called under the Calendar Wednesday rule may call up 
  for consideration any nonprivileged bill on either the House or the 
  Union Calendar but not on the Private Calendar. Manual Sec. 900; 
  Deschler Ch 21 Sec. 4. No priority is given to bills on the House or 
  the Union Calendar. 7 Cannon Sec. Sec. 938, 963.
      The Calendar Wednesday procedure applies only to bills reported 
  from committee and not to amendments between the Houses or to 
  unreported bills. 98-2, June 28, 1984, p 19770. Another limitation of 
  clause 6 of rule XV is that it applies only to nonprivileged public 
  bills. Manual Sec. 900. A privileged bill is ineligible for 
  consideration under the Calendar Wednesday rule, whether it is 
  reported from the floor or delivered to the Clerk. 7 Cannon Sec. 936. 
  Nonprivileged bills given privileged status by unanimous-consent 
  agreement or special order of business remain ineligible for 
  consideration under the Calendar Wednesday procedure. 7 Cannon 
  Sec. Sec. 932-935.
      The purpose of the Calendar Wednesday rule is to preserve that day 
  for the class of legislation specified by the rule--namely, 
  nonprivileged bills. Manual Sec. 900. Committee reports on bills may 
  be filed on Calendar Wednesday, but they may not be called up for 
  consideration or other action on such days. 7 Cannon Sec. 907.
      When Calendar Wednesday business is being considered under the 
  rule, it is not in order to:

     Move a change of reference. 7 Cannon Sec. Sec. 884, 2117.
     Call up a conference report. 7 Cannon Sec. Sec. 899-901.
     Offer a motion for recess. Manual Sec. 900.
     Call up a privileged bill, pursuant to a special order of 
         business. 7 Cannon Sec. Sec. 932, 934, 935.
     Call up a private bill. Deschler Ch 21 Sec. 4.10.
     Consider business coming over from a prior legislative day 
         with the previous question ordered. 7 Cannon Sec. 890.
     Call up a resolution of inquiry or move to discharge a 
         committee from the consideration of such a resolution. 7 Cannon 
         Sec. Sec. 896-898.

      On Calendar Wednesdays, the Speaker ordinarily declines to 
  entertain unanimous-consent requests not connected with Calendar 
  Wednesday business. 7 Cannon Sec. Sec. 882-888. However, the House may 
  by unanimous consent, prior to the call of committees on Calendar 
  Wednesday, permit a one-minute speech (Deschler-Brown Ch 29 
  Sec. 10.62), allow a bill to be sent to a conference (Manual 
  Sec. 901), or permit consideration of a resolution electing a Member 
  to a committee (98-2, Jan. 25, 1984, p 357).


  Sec. 3 . --In Committee of the Whole

      When a bill on the Union Calendar is called up on Calendar 
  Wednesday, the House automatically resolves into the Committee of the 
  Whole without motion from the floor. Manual Sec. 901. When such a bill 
  comes up as the unfinished business on the next Calendar Wednesday 
  when the same committee can be recognized, the House automatically 
  resolves into the Committee of the Whole immediately without waiting 
  for the call; and debate is resumed from the point at which it was 
  discontinued on the previous Wednesday. 7 Cannon Sec. Sec. 940, 942, 
  966; Deschler Ch 21 Sec. 4.26.
      On rejection by the House of a recommendation by the Committee of 
  the Whole for peremptory disposition of a bill under consideration on 
  Calendar Wednesday, the House automatically resolves into the 
  Committee of the Whole for its further consideration. 7 Cannon 
  Sec. 943.
      For a discussion of resolving into the Committee generally, see 
  Committees of the Whole.


  Sec. 4 . Privilege and Precedence of Calendar Wednesday Business

      No business in order on Calendar Wednesday may precede a properly 
  requested call of committees. Manual Sec. 900; 7 Cannon Sec. 881. 
  However, a motion to adjourn may interrupt the call of committees. 
  110-2, May 7, 2008, p 7996. Calendar Wednesday business is privileged 
  matter which may interrupt the daily order of business as specified in 
  rule XIV clause 1. Manual Sec. 871. It takes precedence over other 
  business privileged under the rules, but not over a veto message 
  privileged under the Constitution (Deschler Ch 21 Sec. 4.6), a 
  question of privilege (7 Cannon Sec. Sec. 908-911; Deschler Ch 21 
  Sec. 4.5), or the administration of the oath to Members (6 Cannon 
  Sec. 22). When the call of committees is completed on Calendar 
  Wednesday, business otherwise in order may be called up on that day. 7 
  Cannon Sec. 921.

      The call of committees on Calendar Wednesday has precedence over:

     The consideration of conference reports. 7 Cannon 
         Sec. Sec. 899-901.
     The motion to go into Committee of the Whole to consider 
         appropriation bills. 7 Cannon Sec. 904.
     Business on which the previous question is operating and 
         undisposed of at adjournment on the preceding day. 7 Cannon 
         Sec. 890.
     The motion for change of reference to committees. 7 Cannon 
         Sec. Sec. 883, 884.
     Privileged resolutions of inquiry. 7 Cannon Sec. 896.
     Contested election cases. 7 Cannon Sec. 903.
     Motions to reconsider. 7 Cannon Sec. 905.
     Certain procedural propositions relating to impeachment. 7 
         Cannon Sec. 902.
     Budget messages from the President. 7 Cannon Sec. 914.
     Senate bills privileged because of similarity to a bill on the 
         House Calendar. 7 Cannon Sec. 906.
     Unanimous-consent requests generally. 7 Cannon Sec. Sec. 882-
         888.

      Motions to reconsider may be entered but not considered. 7 Cannon 
  Sec. 905. Privileged reports may be presented for printing but without 
  the right to call up for immediate consideration. 7 Cannon Sec. 907.


  Sec. 5 . The Call of Committees

      Committees are called seriatim in the order in which they appear 
  in rule X, the call being limited to those duly-noticed committees 
  which have been elected. 7 Cannon Sec. Sec. 922, 923, 925. Select 
  committees with legislative jurisdiction are called after standing 
  committees. Deschler Ch 21 Sec. 4. When a committee is reached during 
  a Calendar Wednesday call of committees, it is ordinarily not in order 
  to ask recognition for any purpose other than to call up a bill for 
  consideration. 6 Cannon Sec. 754.
      During a call of committees under the rule, a committee may not 
  yield or exchange its order of rotation. 7 Cannon Sec. 927. Any 
  committee declining to proceed with consideration of a bill when 
  called on Wednesday loses that opportunity until again called in 
  regular order. 7 Cannon Sec. 926.


  Sec. 6 . Calling Up Calendar Wednesday Business; Authorization

                                 Generally

      The Calendar Wednesday rule permits committees to call up 
  nonprivileged bills from either the House Calendar or the Union 
  Calendar, provided that there has been compliance with other rules of 
  the House requiring that the measure and the report thereon be 
  available for three days prior to consideration. Manual Sec. Sec. 850, 
  900.
      In addition to the notice requirement established in the 111th 
  Congress, Calendar Wednesday business may be called up only on formal 
  authorization by the reporting committee. 7 Cannon Sec. 929. Clause 
  2(b) of rule XIII, requiring the chair of each committee to take 
  necessary steps to bring reported measures to a vote, is sufficient 
  authority for the chair to call up a bill on Calendar Wednesday. 
  Deschler Ch 21 Sec. 4.16. However, any other committee member must 
  obtain specific authorization from the committee to call up a reported 
  bill on Calendar Wednesday. Manual Sec. 901; 4 Hinds Sec. 3128; 7 
  Cannon Sec. Sec. 928, 929. Committee authorization to a committee 
  member to ``use all parliamentary means to bring the bill before the 
  House'' is sufficient authorization to the member to call up the bill 
  on Calendar Wednesday. 8 Cannon Sec. 2217. Authority having been given 
  to one Member to call up a bill, another may not be recognized for 
  that purpose if objection is made. 7 Cannon Sec. Sec. 928, 929. Only 
  the Member authorized by the committee reporting the bill may call up 
  that bill on Calendar Wednesday. Deschler Ch 21 Sec. 4.12. It is 
  within the discretion of the committee to determine which member to 
  authorize to call up the bill. Deschler Ch 21 Sec. 4.15.

                                Withdrawal

      After a bill has been called up on Calendar Wednesday, it may be 
  withdrawn at any time before amendment. 7 Cannon Sec. 930.


  Sec. 7 . The Question of Consideration

      The question of consideration may be demanded on a bill called up 
  under the Calendar Wednesday rule. Deschler Ch 21 Sec. 4.18. The 
  question is properly raised after the Clerk has read the title of the 
  bill. Deschler Ch 21 Sec. 4.20. The question of consideration is 
  properly raised on a Union Calendar bill in the House before going 
  into Committee of the Whole. 7 Cannon Sec. 952. If the question is 
  decided in the affirmative, the House automatically resolves itself 
  into the Committee of the Whole for the consideration of the bill. 
  Deschler Ch 21 Sec. 4.20.
      The refusal of the House to consider a bill called up under the 
  Calendar Wednesday rule does not preclude the bill from being brought 
  up under another procedure, such as pursuant to a special order of 
  business from the Committee on Rules. Deschler Ch 21 Sec. 4.19.
      It is not in order to reconsider the vote whereby the House has 
  declined to consider a proposition under the Calendar Wednesday rule. 
  Deschler Ch 21 Sec. 4.25.


  Sec. 8 . Consideration and Debate

                               In the House

      The hour rule for debate applies to House Calendar bills called up 
  in the House on Calendar Wednesday as on other days, and the Member in 
  charge of the bill may move the previous question at any time after 
  debate begins. 7 Cannon Sec. Sec. 955-957.

                         In Committee of the Whole

      The Calendar Wednesday rule allows not more than two hours of 
  general debate on any measure called up on Calendar Wednesday, to be 
  confined to the subject and to be equally divided between those 
  favoring and those opposing. Manual Sec. 900. This provision has been 
  construed as applying only in the Committee of the Whole. 7 Cannon 
  Sec. 955. The two hours permitted by the rule may be reduced by the 
  House by unanimous consent to one hour. 98-2, Jan. 25, 1984, pp 357, 
  358. However, time allotted for debate under the rule may not be 
  extended in the Committee of the Whole even by unanimous consent. 7 
  Cannon Sec. 959. When a bill previously debated by another means is 
  called up for the first time on Calendar Wednesday, consideration may 
  proceed in the Committee of the Whole as if there had been no previous 
  debate. 7 Cannon Sec. 954.
      In recognizing Members to control the time in opposition to the 
  bill, the Chair recognizes minority members of the committee reporting 
  the bill in the order of their seniority on the committee. Deschler Ch 
  21 Sec. 4.24. They are entitled to prior recognition to oppose it, but 
  if no member of the committee indicates opposition, any Member may be 
  recognized in opposition. 7 Cannon Sec. Sec. 958, 959. The bill is 
  read for amendment at the conclusion of an hour in favor of the bill 
  if no one claims time in opposition. 7 Cannon Sec. Sec. 960, 961.

                                Amendments

      In the Committee of the Whole, amendments may not be offered until 
  the close of the two hours of debate, and the bill is taken up under 
  the five-minute rule and read by section for amendment. 7 Cannon 
  Sec. 960. Committee amendments are considered first as each section is 
  reached. When the reading of the bill under the five-minute rule has 
  been completed, the Committee rises and reports to the House. See 
  Committees of the Whole.


  Sec. 9 . Unfinished Business; Effect of Previous Question

      Where the previous question has been ordered on a bill on Calendar 
  Wednesday, and the House adjourns, the bill becomes the unfinished 
  business on the next legislative day. 8 Cannon Sec. Sec. 895, 967; 
  Deschler Ch 21 Sec. Sec. 4.17, 4.28. Where a quorum fails on ordering 
  the previous question on a bill under consideration on a Calendar 
  Wednesday, and the House adjourns, the vote goes over until the next 
  Calendar Wednesday available to the committee reporting the bill. 
  Deschler Ch 21 Sec. 4.29.
      When the House adjourns on Tuesday without voting on a proposition 
  on which the previous question was ordered, the question occurs not on 
  Wednesday but on Thursday. 7 Cannon Sec. Sec. 890-894. In one 
  instance, a Calendar Wednesday bill on which the previous question had 
  been ordered at adjournment on Wednesday was taken up as the 
  unfinished business on Thursday and took precedence over a motion to 
  go into the Committee of the Whole for the consideration of a bill 
  privileged by a special order of business. 8 Cannon Sec. 2674. A bill 
  postponed from a Wednesday to a subsequent Wednesday becomes 
  unfinished business to be considered when the committee calling it up 
  is again called. 7 Cannon Sec. 970.


  Sec. 10 . Dispensing with Calendar Wednesday

      Previously, it was possible by motion or unanimous consent to 
  dispense with Calendar Wednesday business. Before the 111th Congress, 
  Calendar Wednesday business was dispensed with routinely pursuant to a 
  request made by the Majority Leader the previous week. Beginning in 
  the 111th Congress, however, the call of the committees only occurs if 
  specifically requested by the chair or other authorized member of a 
  committee, obviating the need to dispense with such call.
  
                                 CHAPTER 9
                                 CALENDARS

                              HOUSE PRACTICE

  Sec. 1. In General; Kinds of Calendars
  Sec. 2. Referrals to Calendars
  Sec. 3. --Erroneous Referrals
  Sec. 4. Discharge From Calendars
        Research References
          4 Hinds Sec. Sec. 3115-3118
          7 Cannon Sec. Sec. 881-1023
          Deschler Ch 22 Sec. Sec. 1, 2
          Manual Sec. Sec. 828-830, 892, 898, 899

  Sec. 1 . In General; Kinds of Calendars

      Under clause 1 and rule XIII, the House maintains various 
  calendars to facilitate the scheduling and consideration of its 
  legislative business. These include:

     The House Calendar. This calendar receives referrals of public 
         bills that do not raise revenue or directly or indirectly make 
         or require an appropriation of money or property. Manual 
         Sec. 828.
     The Union Calendar. Measures belonging on the Union Calendar 
         are those on subjects that fall within the jurisdiction of the 
         Committee of the Whole. Deschler Ch 22 Sec. 2. Subjects that 
         must be considered in the Committee of the Whole are specified 
         in clause 3 of rule XVIII. Bills appropriating money or 
         property are referred to the Union Calendar. Manual 
         Sec. Sec. 828, 973. The same is true of bills authorizing an 
         undertaking by a governmental agency that will incur an expense 
         to the government, however small. 8 Cannon Sec. 2401.
     The Private Calendar. Bills of a private character are 
         referred to the Private Calendar. See Private Calendar.
     The Discharge Calendar. Motions to discharge committees are 
         referred to the Discharge Calendar. Manual Sec. Sec. 830, 892; 
         see Discharging Measures From Committees.

      These calendars--the Discharge Calendar excepted--consist 
  primarily of lists of measures on which committee action has been 
  completed and which are ready for floor action. They are printed daily 
  and appear in Calendars of the United States House of Representatives.
      Calendar Wednesday and the ``suspension calendar'' are not 
  legislative calendars. Calendar Wednesday refers to the procedure for 
  the call of committees on Wednesday for the consideration of 
  nonprivileged bills on the House and Union Calendars. See Calendar 
  Wednesday. Bills listed on the leadership's ``suspension calendar'' 
  are merely those intended to be taken up by motions to suspend the 
  rules on Mondays, Tuesdays, and Wednesdays. See Suspension of Rules.
      The former Corrections Calendar (established in the 104th Congress 
  as a replacement for the Consent Calendar) was abolished in the 109th 
  Congress. Manual Sec. Sec. 898, 899.


  Sec. 2 . Referrals to Calendars

           Measures Reported Favorably or Without Recommendation

      Bills that are favorably reported from a committee are referred to 
  the appropriate calendar under the direction of the Speaker unless 
  referred to other committees under clause 2 of rule XII. Manual 
  Sec. 816. Public bills favorably reported are referred either to the 
  Union Calendar or to the House Calendar. Deschler Ch 22 Sec. 2. Bills 
  reported without recommendation are also referred to the appropriate 
  calendar.
      The reference of a bill to a particular calendar is governed by 
  the text of the bill as referred to committee, and amendments reported 
  by a committee are not considered in making this determination. 8 
  Cannon Sec. 2392.

                       Measures Reported Unfavorably

      Bills and resolutions that are adversely reported from committee 
  are not referred to a calendar unless a request to that effect is made 
  by the committee or a Member. Deschler Ch 22 Sec. 1.1. Under clause 
  2(a)(2) of rule XIII, Members have three days in which to request such 
  a referral. Manual Sec. 832. Such request is normally communicated by 
  the committee to the Clerk at the time of reporting, although it also 
  may be made by a Member from the floor. Absent such a request, an 
  adversely reported measure (that is not privileged) is laid on the 
  table. Manual Sec. 832. Thereafter, it may be taken from the table and 
  placed on the calendar only by unanimous consent. 6 Cannon Sec. 750.
      Privileged measures are excepted from the general rule that only 
  favorably reported bills are referred to a calendar. Adverse reports 
  on privileged resolutions (including resolutions of inquiry) are 
  referred to the proper calendar by the Speaker. 6 Cannon Sec. 411.

                       Measures Reported Improperly

      A bill that has been improperly reported from a committee is not 
  entitled to a place on a calendar, and should be recommitted. 4 Hinds 
  Sec. 3117.


  Sec. 3 . --Erroneous Referrals

      A bill that is on the wrong calendar is subject to a point of 
  order when it is called up for consideration. Manual Sec. 828; 6 
  Cannon Sec. Sec. 746, 747. Such a point of order is untimely if made 
  after consideration of the measure has begun. 7 Cannon Sec. 856.
      The Speaker has general authority to correct an erroneous 
  reference of a reported bill to a calendar, and to transfer the bill 
  to the proper calendar. Manual Sec. 828; 7 Cannon Sec. 859. Thus, a 
  private bill erroneously referred to the Union Calendar may be 
  transferred to the Private Calendar by direction of the Speaker. 
  Manual Sec. 828. The transfer of the bill to the proper calendar may 
  be made effective as of the date of the original reference. Deschler 
  Ch 22 Sec. 1.2. The Speaker may correct such a reference at any time 
  before consideration of the bill begins and while the question of 
  consideration is pending. 6 Cannon Sec. 748. The authority of the 
  Speaker to correct a calendar reference does not apply where the 
  reference was made by the House itself. 6 Cannon Sec. 749.
      An error in the referral of a bill to a calendar may also be 
  corrected pursuant to motion. Such a motion presents a privileged 
  question. 3 Hinds Sec. Sec. 2614, 2615. However, a mere clerical error 
  in the calendar, such as an incorrect date, does not give rise to such 
  a question. 3 Hinds Sec. 2616.


  Sec. 4 . Discharge From Calendars

      Although the Speaker has no specific authority under the House 
  rules to remove a reported bill from the Union Calendar, such a bill 
  may be discharged for reference to another committee pursuant to the 
  Speaker's general responsibility under clause 2 of rule XII to fashion 
  sequential referrals where appropriate. Manual Sec. 816a. Section 
  401(b) of the Congressional Budget Act of 1974 and clause 4(a)(2) of 
  rule X give the Speaker discretionary authority to discharge from the 
  Union Calendar and refer for 15 days to the Committee on 
  Appropriations bills reported by another committee providing certain 
  new entitlement authority. Manual Sec. Sec. 747, 1127.
  
                                CHAPTER 10
                       CHAMBER, ROOMS, AND GALLERIES

                              HOUSE PRACTICE

  Sec. 1. In General; Use of the Hall
  Sec. 2. Admission to the Floor
  Sec. 3. Electronic Devices; Signals, Bells, and Clocks
  Sec. 4. Galleries and Corridors
  Sec. 5. Photographs; Radio and Television Coverage
        Research References
          5 Hinds Sec. Sec. 7270-7311
          8 Cannon Sec. Sec. 3632, 3636-3643
          Deschler Ch 4; Deschler-Brown Ch 29 Sec. 85
          Manual Sec. Sec. 677-684

  Sec. 1 . In General; Use of the Hall

      The Hall of the House and unappropriated rooms in the House (rooms 
  not specifically assigned by action of the House) are under the 
  general control of the Speaker. Clause 3 of rule I; Manual Sec. 623. 
  Control of the appropriated rooms in the House wing is exercised by 
  the House itself. 5 Hinds Sec. Sec. 7273-7279. Resolutions assigning a 
  room to a committee have been considered as privileged. 5 Hinds 
  Sec. 7273.
      Under clause 1 of rule IV, the Hall may be used only for (1) the 
  legislative business of the House; (2) caucus meetings of its Members, 
  including joint party caucuses; (3) ceremonies in which the House 
  votes to participate; and (4) classified briefings of Members, if 
  authorized by the Speaker, during recesses declared under clause 12 of 
  rule I. Manual Sec. Sec. 623, 677. In rare instances the House has 
  permitted the Hall to be used for ceremonial or special occasions. 8 
  Cannon Sec. 3632; Deschler Ch 4 Sec. Sec. 3.1, 3.4. However, a House 
  and Senate ceremony of religious reconciliation to be conducted in the 
  Hall of the House during a recess requires adoption of a concurrent 
  resolution by both Houses. See, e.g., 107-1, H. Con. Res. 184, Oct. 
  23, 2001, pp 20388-90 (never adopted by the Senate). Beginning in the 
  111th Congress, the Speaker has announced a policy that when the House 
  stands adjourned, its chamber remains on static display and shall not 
  be used for any proceedings that might be taken to carry the 
  imprimatur of the House. Manual Sec. 677.
      Disorderly or disruptive acts in the Capitol are unlawful, and 
  unauthorized demonstrations are prohibited by law. 40 USC 
  Sec. 5104(e)(2)(D). Mass presence of Members in the well while not 
  under recognition (114-2, June 22, 2016, p__), or a gathering of 
  Members displaying electronic and non-electronic exhibits (113-2, Mar. 
  13, 2014, p__), constitutes a breach of decorum. The unauthorized 
  presence of persons on the floor of either House or in the gallery of 
  either House is prohibited. 40 USC Sec. 5104(e)(2)(B). Disorder in the 
  House, see Consideration and Debate.


  Sec. 2 . Admission to the Floor

                                 Generally

      Clause 2 of rule IV enumerates those persons entitled to be 
  admitted to the floor or rooms leading thereto. Manual Sec. 678. Among 
  those who may be admitted to the Hall are Members and Members-elect of 
  Congress, the President and Vice President, Judges of the Supreme 
  Court, governors of states, heads of departments, foreign ministers, 
  contestants in election cases during the pendency of their cases on 
  the floor, one attorney for a Member-respondent during consideration 
  of a disciplinary resolution reported from the Committee on Ethics, 
  and other named officials. Manual Sec. 678. The term ``heads of 
  departments'' has been construed to mean members of the President's 
  Cabinet, and the term ``foreign ministers'' has been construed to mean 
  the representatives of foreign governments duly accredited to the 
  United States, and not necessarily those with the title of 
  ``minister'' in their own parliaments. 5 Hinds Sec. 7283. The term 
  ``contestants in election cases'' has been construed to include 
  challengers in an election contest, even though the challenger was not 
  a candidate in the election in which the sitting Member was reelected. 
  Deschler Ch 4 Sec. 4.5. Under clauses 2 and 3 of rule VI, the Speaker 
  is authorized to admit to the floor of the House certain 
  representatives of press associations and media outlets. Manual 
  Sec. Sec. 693, 694.
      It is not in order to refer to persons temporarily on the floor of 
  the House as guests of the House, such as Members' children. Manual 
  Sec. 678. Although Senators have floor privileges, they are not 
  entitled to address the House. Deschler Ch 4 Sec. 4.8.
      The rule is strictly enforced during regular meetings. However, 
  the rule is less strictly enforced on ceremonial occasions (5 Hinds 
  Sec. 7290) or when the House is in recess during a joint meeting with 
  the Senate (Deschler Ch 4 Sec. 4). The House may, by resolution, 
  specify the individuals to be admitted to the floor during a 
  ceremonial occasion. 114-1, July 28, 2015, p__. The rule on floor 
  privileges is not applicable to joint sessions of the two Houses. 5 
  Hinds Sec. 7292. The Speaker sometimes announces guidelines for use of 
  the Chamber during a recess. During a regular meeting, a point of 
  order will lie to object to the presence of any unauthorized persons. 
  92-2, June 21, 1972, p 21704. Under clause 2(b) of rule IV, motions or 
  unanimous-consent requests to suspend the rule may not be entertained 
  by the Speaker or by the chair of the Committee of the Whole. 5 Hinds 
  Sec. 7285. However, the House may, by simple resolution, authorize the 
  presence on the floor of individuals otherwise precluded by the rule. 
  111-2, H. Res. 1555, July 26, 2010, p 13938.
      The Speaker has the authority to exclude an individual who abuses 
  the privileges of the floor. 5 Hinds Sec. 7288. An alleged abuse of 
  the privilege of the floor may be made the subject of an inquiry by a 
  special committee. 5 Hinds Sec. 7287.

                              Former Members

      A former Member must observe the rules of proper decorum while on 
  the floor, and the Chair may direct the Sergeant-at-Arms to assist the 
  Chair in maintaining such decorum. Manual Sec. 622. The question of 
  banning a former Member engaged in indecorous behavior on the floor 
  gives rise to a question of the privileges of the House. Manual 
  Sec. 680. A former Member may not manifest approval or disapproval of 
  the proceedings. 8 Cannon Sec.  3635. For more information on floor 
  privileges of former Members, see Manual Sec. 680.
      Although former Members, officers, and certain former employees 
  have access to the floor under clause 2 of rule IV, such individuals 
  are not entitled to the privileges of the floor, or rooms leading 
  thereto, if they (1) are a registered lobbyist or agent of a foreign 
  principal; (2) have a direct personal or pecuniary interest in 
  legislation under consideration in the House or reported by any 
  committee; or (3) represent any party or organization for the purpose 
  of influencing the disposition of legislation pending before the House 
  or reported by a committee or under consideration in a committee. 
  Manual Sec. 680. For regulations issued by the Speaker under this 
  rule, see Manual Sec. 680.

                          Staff; Committee Clerks

      Clause 2(a)(7) of rule IV permits on the floor staff of a 
  committee when business from their committee is under consideration 
  and no more than one person from the staff of a Member when that 
  Member has an amendment under consideration. This rule has been 
  interpreted by the Speaker to allow the presence on the floor of four 
  professional staff members and one clerk from a committee during 
  consideration of that committee's business and to require that such 
  individuals remain unobtrusively by the committee tables. Manual 
  Sec. 678. Clause 2(a)(7) of rule IV also permits on the floor staff of 
  the respective party leaderships when so assigned with the approval of 
  the Speaker. The privileges of the floor do not extend to departmental 
  employees assisting committees in the preparation of bills. 6 Cannon 
  Sec. 579. Where several committees are involved with a pending 
  measure, the rule permits authorized majority and minority staff (up 
  to five persons) from each committee. 97-1, June 26, 1981, p 14574. 
  Clerks other than those employed by a committee involved in the bill 
  under consideration are not entitled to the floor. Deschler Ch 4 
  Sec. 4. The Speaker has announced an intention to strictly enforce the 
  rule to prevent a proliferation of staff on the floor and has required 
  committee staff to display staff badges when on the floor. Manual 
  Sec. 678. Under clause 5 of rule IV, and regulations promulgated by 
  the Speaker thereunder, staff on the floor are not permitted to pass 
  out literature or otherwise attempt to influence Members in their 
  votes or to applaud during debate. Manual Sec. 681.

                              Secret Sessions

      Before a secret session of the House commences, the Speaker may 
  direct that the Chamber be cleared of all persons except Members and 
  those officers and employees, specified by the Speaker, whose 
  attendance on the floor is essential to the functioning of the 
  session. Clause 10 of rule XVII; Manual Sec. 969; Deschler-Brown Ch 29 
  Sec. 85. A point of order will not lie against the presence in the 
  Chamber of those persons whose attendance on the floor is permitted by 
  the Speaker's directive. Deschler-Brown Ch 29 Sec. 85.15; see 
  Consideration and Debate. Secret classified briefings of Members may 
  be permitted during recesses of the House declared by the Speaker 
  under clause 12 of rule I. Under clause 13 of rule XXIII, a Member, 
  officer, or employee must execute an oath of secrecy before having 
  access to classified material. Manual Sec. 1095.


  Sec. 3 . Electronic Devices; Signals, Bells, and Clocks

      Various electronic devices and computer services are used by the 
  House to expedite quorum calls and votes and for other purposes. 
  Manual Sec. Sec. 1012-1016. For example, a legislative bell and light 
  system alerts Members to quorum calls, the taking of certain votes, 
  and other occurrences on the floor. Manual Sec. Sec. 1014, 1016. 
  Changes in the system are announced by the Speaker from time to time. 
  The failure of the signal bells to announce a vote does not warrant 
  repetition of the record vote, nor does such a failure permit a Member 
  to be recorded following the conclusion of the call. Manual Sec. 1016; 
  8 Cannon Sec. Sec. 3153, 3155, 3157; see also Voting.
      The use of a mobile electronic device on the floor of the House 
  that impairs decorum (such as displaying an image on such a device 
  while not under recognition, 113-2, Mar. 13, 2014, p__) is prohibited 
  under clause 5 of rule XVII, and the Chair has admonished Members to 
  disable wireless telephones on entering the Chamber. The Chair has 
  also announced that the use of wireless telephones is not permitted in 
  the gallery. Manual Sec. 962.
      Microphones have been placed on the floor of the House for the use 
  of Members. Although under clause 1 of rule XVII, a Member may address 
  the House from any place on the floor, a Member making an appropriate 
  request should use one of the floor microphones so that all Members 
  may hear the request. 94-1, Oct. 28, 1975, p 34027. A Member may speak 
  at any microphone on the floor. Manual Sec. 364. Clause 2 of rule I 
  directs the Speaker to preserve order and decorum in the House, and 
  authorizes the Speaker to order the microphones turned off if they are 
  being utilized by a disorderly Member who has not been properly 
  recognized. Deschler-Brown Ch 29 Sec. 11.19.


  Sec. 4 . Galleries and Corridors

      Under clause 3 of rule I, control over the corridors leading to 
  the House Chamber is vested in the Speaker. Manual Sec. Sec. 622, 623. 
  The Speaker may order the corridors cleared during quorum calls and 
  the taking of votes to ensure unimpeded access to the Chamber. Manual 
  Sec. 623. Under clause 2 of rule I, the Speaker preserves order and 
  decorum in the galleries, and in the event of a disturbance, may order 
  the galleries cleared. Manual Sec. 622. However, the Speaker rarely 
  exercises this authority, and the galleries have not been so cleared 
  since the 92d Congress. 92-2, Jan. 18, 1972, p 9; 92-2, May 10, 1972, 
  p 16576. The chair of the Committee of the Whole may exercise similar 
  power in preserving order in the galleries. Manual Sec. 970.
      Guests in the House gallery must maintain order and refrain from 
  manifestations of approval or disapproval of proceedings on the floor, 
  and admonitions may be expressed either by the Speaker or by the chair 
  of the Committee of the Whole. Deschler Ch 4 Sec. 5.6. Under clause 7 
  of rule XVII, it also is out of order to refer to visitors in the 
  galleries, even with permission to proceed out of order; and the 
  Speaker, sua sponte, may declare such remarks to be out of order. 
  Deschler Ch 4 Sec. Sec. 5.3, 5.4.


  Sec. 5 . Photographs; Radio and Television Coverage

                                Photographs

      Under the practice of the House, permission must be obtained 
  before photographs may be taken inside the House Chamber. Rules 
  regarding the taking of such pictures may be enforced by the Speaker. 
  Deschler Ch 4 Sec. 3.5 (note); 114-2, June 23, 2016, p__. Official 
  photographs of the House while in session may be permitted by 
  resolution. See, e.g., 107-2, H. Res. 378, June 5, 2002, p 9285; 109-
  1, Oct. 7, 2005, p 22648; 111-1, H. Res. 658, July 17, 2009, p 18223.

                    Media Coverage of Floor Proceedings

      Prior to the 95th Congress, the rules and precedents of the House 
  did not permit public radio and television broadcasts of House 
  proceedings. In 1977, the House adopted a privileged resolution 
  reported from the Committee on Rules to provide a system of closed-
  circuit viewing of House proceedings and for the orderly development 
  of a broadcasting system. Under rule V, the Speaker directs the audio 
  and visual broadcasting and recording of the proceedings of the House, 
  including periods of voting. Under this rule, broadcasts are made over 
  closed-circuit television in House offices and have been made 
  available to the news media and to cable television systems. 
  Broadcasts made available under the rule may not be used for political 
  or commercial purposes. Manual Sec. 684. Since the 110th Congress, the 
  Clerk has provided online streaming coverage of House floor 
  proceedings (``HouseLive''), which is accessible to Members and the 
  public on the Clerk's website. In the 115th Congress, the Sergeant-at-
  Arms was authorized to assess fines on Members for the use of 
  electronic devices for still photography or audio-visual broadcasting 
  in contravention of clause 5 of rule XVII or any of the Speaker's 
  announced policies regarding the use of electronic devices in the 
  House Chamber. 115-1, Jan. 3, 2017, p__.
      In 1984, a question arose as to the authority of the Speaker to 
  require wide-angle television coverage of the House Chamber during 
  special-order speeches. In that instance, the Speaker's directive that 
  television cameras covering special-order speeches of the House at the 
  completion of legislative business include periodic wide-angle 
  coverage of the entire House Chamber was held to be consistent with 
  the authority conferred upon the Speaker under rule V. Manual 
  Sec. 684. Beginning in the 103d Congress, the Speaker has followed a 
  policy under which television cameras would not ``pan'' the Chamber 
  during morning-hour or special-order speeches. However, the Speaker 
  directed that a caption run at the bottom of the screen indicating the 
  conduct of morning-hour debate or to show that legislative business 
  has been completed for the day. Manual Sec. 684.
      Although clause 2 of rule V requires complete and unedited 
  broadcast coverage of the proceedings of the House, it does not 
  require in-House microphone amplification of disorderly conduct by a 
  Member no longer under recognition. Deschler-Brown Ch 29 Sec. 11.19.
  
                                CHAPTER 11
                                COMMITTEES

                              HOUSE PRACTICE

              A. Generally; Establishing Committees

  Sec.  1.  The Committee System; Standing, Select, and Joint Committees
  Sec.  2.  Establishing Committees
  Sec.  3.  Committee Expenses; Funding

              B. Chairs, Members, and Staff; Elections and Appointments

  Sec.  4.  In General; Membership and Seniority
  Sec.  5.  Numerical Composition of Committees; Party Ratios
  Sec.  6.  The Chair's Role
  Sec.  7.  Committee Employees and Staff

              C. Committee Functions; Jurisdiction and Authority

  Sec.  8.  Legislative Jurisdiction
  Sec.  9.  Oversight Jurisdiction
  Sec. 10.  Investigative Jurisdiction and Authority
  Sec. 11.  Standing Committees
  Sec. 12.  Select Committees
  Sec. 13.  --Particular Uses of Select Committees
  Sec. 14.  Joint Committees

              D. Procedure in Committees

  Sec. 15.  Committee Rules; Applicable House Rules
  Sec. 16.  Records, Files, and Transcripts; Disclosure and Disposition; 
  Member Access
  Sec. 17.  Meetings
  Sec. 18.  --Consideration and Debate; Voting
  Sec. 19.  Hearings
  Sec. 20.  Hearings and Meetings as Open or Closed
  Sec. 21.  Quorum Requirements
  Sec. 22.  --In Ordering a Report to the House
  Sec. 23.  --Points of Order Based on Reporting Requirements
  Sec. 24.  Witnesses
  Sec. 25.  --Rights or Privileges of Witnesses
  Sec. 26.  --Proceedings Against Recalcitrant Witnesses
  Sec. 27.  Media Coverage of Hearings and Meetings

              E. Committee Reports

  Sec. 28.  In General
  Sec. 29.  Form and Contents of Report
  Sec. 30.  Comparative Prints; The Ramseyer Rule
  Sec. 31.  Printing; Referral to Calendars
  Sec. 32.  Supplemental, Minority, and Additional Views
  Sec. 33.  Filing Reports
  Sec. 34.  Calling Up; Time to Report
  Sec. 35.  Availability (``Layover'') Requirements
  Sec. 36.  Points of Order Relating to Reports
        Research References
          4 Hinds Sec. Sec. 4019-4703
          7 Cannon Sec. Sec. 1721-2170; 8 Cannon Sec. Sec. 2171-2317
          Deschler Ch 17
          Manual Sec. Sec. 714-814, 816, 816a, 816b, 816c, 817, 831-863

                   A. Generally; Establishing Committees


  Sec. 1 . The Committee System; Standing, Select, and Joint Committees

                          The Role of Committees

      The committee system is as old as the House itself, having been 
  patterned after the English House of Commons, the colonial assemblies, 
  and the Continental Congress. Although during its first quarter 
  century the House relied primarily upon select committees and the 
  Committee of the Whole, the first standing committee dates from 1789.
      The committees of the House play a prominent role at every stage 
  of the legislative process. As a general rule, proposed legislative 
  measures are referred to committees before receiving consideration in 
  the House itself. Manual Sec. 446. A committee is not required to act 
  on a measure. A committee may report a measure favorably, adversely, 
  or without recommendation. A committee may report a measure with or 
  without amendments (which may rewrite the measure entirely). For a 
  discussion of discharge procedures, see Discharging Measures From 
  Committees.
      The role of the committee does not terminate with the reporting of 
  the bill to the House. When a bill reaches the floor, members of the 
  committee reporting it are entitled to priority in recognition for the 
  purpose of offering amendments, and general debate is generally under 
  the control of the chair and ranking minority member. See 
  Consideration and Debate and Amendments. Finally, members of the 
  reporting committees are often appointed by the Speaker to serve on 
  the conference committee to resolve differences between competing 
  forms of the bill. See Conferences Between the Houses.

           Standing, Select, and Joint Committees Distinguished

      House committees are of three distinct types: (1) standing 
  committees, whose members are elected by the House, (2) select 
  committees (also called special committees), whose members are 
  appointed by the Speaker, and (3) joint committees, whose members are 
  chosen according to the provisions of the statute or concurrent 
  resolution creating them. Variations of these three categories are 
  discussed in later sections.
      Standing committees (created in the standing rules) receive bills 
  and other measures within their jurisdiction upon referral from the 
  Speaker. See Introduction and Reference of Bills. Select committees 
  are established (usually outside the standing rules) to consider a 
  particular matter or subject and may or may not have legislative 
  jurisdiction. A select committee often expires when it issues its 
  final report on the matter for which it was created. 4 Hinds 
  Sec. Sec. 4403-4405; see Sec. 12, infra. Joint committees take up 
  matters of concern to both Houses. See Sec. 14, infra.

                   Committee of the Whole Distinguished

      The Committee of the Whole has been described as a committee of 
  the House, although it is not a committee in the customary sense. 4 
  Hinds Sec. 4706. The Committee of the Whole, unlike regular 
  committees, does not have a fixed membership. All Members of the House 
  may attend and participate in its deliberations under special rules 
  designed to encourage wide-ranging debate and to expedite legislation. 
  The Committee of the Whole itself has no power to authorize or appoint 
  a committee. 4 Hinds Sec. 4710. Because of its unique role in the 
  procedures of the House, the Committee of the Whole is addressed in a 
  separate chapter of this work. See Committees of the Whole.

                    Conference Committees Distinguished

      Conference committees are used primarily to resolve differences 
  between the House and Senate on measures that have passed the two 
  Houses and also are addressed in a separate chapter. See Conferences 
  Between the Houses.

                               Subcommittees

      Standing committees may establish subcommittees to study 
  legislation, hold hearings, and make reports to the full committee. 
  With certain exceptions, clause 5(d) of rule X precludes a committee 
  from establishing more than five subcommittees. In addition to the 
  exceptions found in the rule itself, the House has occasionally made 
  further exceptions to that stricture. Manual Sec. 762. Clause 5(d) was 
  adopted in the 104th Congress to replace a requirement that all 
  standing committees having more than 20 members establish at least 
  four subcommittees. Manual Sec. 762; see Sec. 11, infra.
      Subcommittees have no power to report directly to the House, 
  absent specific authority to do so and are subject to the control of 
  the full committee. Manual Sec. 787. Other subunits of committees, 
  such as ``task forces,'' have no formal recognition or authority under 
  the standing rules of the House unless formally established by the 
  House. See, e.g., 102-2, H. Res. 258, Feb. 5, 1992, p 1621.

                                Commissions

      Commissions are analogous to select committees in that they are 
  established to study a particular problem, but a commission is 
  distinguishable from a select committee in that its membership may 
  include private citizens, Members of the House and Senate, and 
  representatives from other branches of government. See, e.g., 94-2, H. 
  Res. 1368, July 1, 1976, p 21795 (creating the Commission on 
  Administrative Review); 6 USC Sec. 101 note (creating the National 
  Commission on Terrorist Attacks Upon the United States).

                          Duration of Committees

      The committees of the House remain in existence only during the 
  two-year term of a Congress which created them. The standing 
  committees of the House are usually reconstituted by a new Congress 
  after the standing rules or resolutions specifically creating new 
  committees are adopted. Deschler Ch 17 Sec. 1.2 (note).
      Select committees expire with the term of the Congress in which 
  they were created or at such earlier date as may be specified in the 
  resolution creating them. Deschler Ch 17 Sec. Sec. 1, 5.5. Unless 
  permanently established, a select committee ceases to exist when it 
  finally reports in full on the subject committed to it but may be 
  revived by action of the House in referring a new matter to it. 4 
  Hinds Sec. Sec. 4403-4405. A select committee that expires in one 
  Congress may be reconstituted in the next. Deschler Ch 17 Sec. 5.5. In 
  one instance, a select committee was reconstituted (and its existence 
  extended through subsequent resolutions) solely for the purpose of 
  completing activities directly associated with the declassification 
  and public release of its report. 106-1, H. Res. 5, Jan. 6, 1999, p 
  75; 106-1, H. Res. 129, Mar. 24, 1999, p 5464; 106-1, H. Res. 153, 
  Apr. 29, 1999, p 7838; 106-1, H. Res. 170, May 13, 1999, p 9499.
      Joint committees established by statute remain in existence beyond 
  the Congress in which they were created unless otherwise provided, 
  although the members thereof must be chosen anew in each Congress. 
  Deschler Ch 17 Sec. 1.


  Sec. 2 . Establishing Committees

                            Standing Committees

      Standing committees are ordinarily established with the adoption 
  of the standing rules on opening day for a Congress. They also may be 
  subsequently established by a simple resolution reported from the 
  Committee on Rules, usually by way of amendment to the House rules. 
  Deschler Ch 17 Sec. Sec. 2.1, 2.3. For a discussion of adoption of 
  rules of a new Congress, see Assembly of Congress.
      A resolution reported by the Committee on Rules during a Congress 
  establishing a new committee, changing the name or authority of a 
  committee, or abolishing a committee and transferring its jurisdiction 
  and records to another committee is called up as privileged and is 
  debatable under the hour rule in the House. Deschler Ch 17 
  Sec. Sec. 2.1, 2.4, 2.6.

                             Select Committees

      Select committees are normally established by a resolution 
  reported from the Committee on Rules. Deschler Ch 17 Sec. Sec. 5.3, 
  5.5. However, select committees have been established through other 
  methods as well, such as:

     By floor amendment (offered to the Committee Reform Amendments 
         of 1974). 93-2, H. Res. 988, Oct. 8, 1974, p 34470.
     By separate order included in a resolution adopting the 
         standing rules of the House. 108-1, H. Res. 5, Jan. 7, 2003, p 
         11.
     By separate section of a resolution providing annual funding 
         for standing committees. 110-1, H. Res. 202, Mar. 8, 2007, p 
         5797.

      The House also has adopted a privileged resolution reported from 
  the Committee on Rules establishing a new select subcommittee of a 
  standing committee. 104-2, H. Res. 416, May 8, 1996, p 10484. A select 
  subcommittee of a standing committee has also been created by an 
  unreported resolution considered under a separate order included in a 
  resolution adopting the standing rules of the House. 110-1, H. Res. 
  35, Jan. 9, 2007, p 567.
      A resolution creating a select committee may specify the 
  jurisdiction and powers of the select committee and may place it under 
  the authority of a standing committee. Deschler Ch 17 Sec. Sec. 5.2, 
  5.3; Sec. 12, infra.
      A resolution creating a select committee is reported and called up 
  as privileged, because the Committee on Rules may report at any time 
  on rules, and the creation of such a committee is the equivalent of a 
  new rule. Manual Sec. 853; Deschler Ch 17 Sec. 5.1. If such a 
  resolution is not reported by the Committee on Rules, it is not 
  privileged, and unanimous consent or a special order of business 
  reported by the Committee on Rules is necessary to permit its 
  consideration. 95-1, Jan. 4, 1977, p 72. The Committee on Rules itself 
  may not report such a resolution as privileged if it contains 
  provisions outside the jurisdiction of the committee. Deschler Ch 17 
  Sec. 1.1 (note). However, if such a resolution is referred to another 
  committee (such as the Committee on House Administration) for 
  consideration of a provision that also is privileged, both committees 
  may report the resolution as privileged. See, e.g., 102-1, H. Res. 
  258, Nov. 19, 1991, p 32903 (resolution contained a provision funding 
  the select committee from the ``applicable accounts of the House'').

                         Special Ad Hoc Committees

      Under the earlier practice of the House, special committees to 
  consider a particular matter could be established by way of a motion 
  or other proposition to refer. 4 Hinds Sec. Sec. 4401, 4402; 5 Hinds 
  Sec. Sec. 6633, 6634. Thus, the House could refer a message of the 
  President to a special committee to be appointed by the Speaker. At 
  the same time the House could instruct the committee and specify the 
  number of members to be appointed. 5 Hinds Sec. 6633. It was held in 
  this regard that the House need not refer to a special committee 
  already in existence but could refer to one to be subsequently 
  appointed. 5 Hinds Sec. 6634. An ad hoc select committee may be 
  established by a resolution called up as a question of the privileges 
  of the House. 102-2, H. Res. 431, Apr. 9, 1992, p 9029 (resolution 
  laid on the table); 110-1, H. Res. 611, Aug. 3, 2007, p 22769.
      Special ad hoc committees may be established pursuant to clause 
  2(c) of rule XII. Under this rule, the Speaker has authority to refer 
  a matter to a special ad hoc committee appointed by the Speaker to 
  consider that matter and report thereon to the House. The appointment 
  must be made with the approval of the House and include members of the 
  committees having legislative jurisdiction. Pursuant to this 
  authority, the Speaker may, with the approval of the House, appoint a 
  special ad hoc committee to consider a particular measure, or a 
  particular bill and similar subsequent bills. A resolution authorizing 
  the Speaker to take such action is privileged when offered from the 
  floor at the Speaker's request. Manual Sec. 816b.

                             Joint Committees

      Joint committees are created by law or by concurrent resolution. 
  Deschler Ch 17 Sec. 7; see Sec. 14, infra. A joint committee may be 
  created and vested with jurisdiction as one part of a comprehensive 
  bill or as the sole purpose of a joint resolution. 6 Cannon Sec. 371; 
  Deschler Ch 17 Sec. Sec. 7.4, 7.5. A joint committee created by 
  concurrent resolution must expire (unless reconstituted) with the 
  Congress in which it was created. 4 Hinds Sec. 4409.
      A concurrent resolution establishing a joint committee, if 
  reported by the Committee on Rules, is called up as privileged by that 
  committee. Deschler Ch 17 Sec. 7.1. However, such a resolution may not 
  be reported as privileged if it contains an authorization for 
  appropriations. Deschler Ch 17 Sec. 7.5. Debate on the resolution is 
  under the hour rule. Deschler Ch 17 Sec. 7.1.

                                Commissions

      Commissions are ordinarily created by statute. See, e.g., the 
  Abraham Lincoln Bicentennial Commission (36 USC Sec. 101 (note)). They 
  may also be created by House resolution. See, e.g., the Commission on 
  Administrative Review, 94-2, H. Res. 1368, July 1, 1976, p 21795; the 
  House Democracy Partnership, 109-1, H. Res. 135, Mar. 14, 2005, p 4527 
  (re-established in succeeding Congresses); and the Tom Lantos Human 
  Rights Commission, 110-2, H. Res. 1451, Sept. 24, 2008, p 21034 (re-
  established in succeeding Congresses).


  Sec. 3 . Committee Expenses; Funding

      Authorization for the payment of committee expenses for a 
  particular Congress is obtained pursuant to ``one primary expense 
  resolution'' for each committee (the Committee on Appropriations 
  excepted). Clause 6 of rule X. The request for such authorization is 
  made to the Committee on House Administration, which has jurisdiction 
  over such expenditures. Clause 1(k) of rule X. In recent years, the 
  Committee on House Administration has combined the individual 
  committee funding resolutions into a single resolution to expedite 
  consideration in the House. See, e.g., 112-1, H. Res. 147, Mar. 17, 
  2011, pp 4364, 4365.
      Authorization for the payment of additional committee expenses not 
  covered by the primary expense resolution may be obtained pursuant to 
  one or more ``supplemental expense resolutions.'' Clause 6(b) of rule 
  X.
      The primary and supplemental expense resolutions, are subject to a 
  one-calendar-day layover requirement. A supplemental expense 
  resolution that is not reported by the Committee on House 
  Administration may be considered by unanimous consent (subject to the 
  Speaker's guidelines for recognition of unanimous-consent requests). 
  111-2, H. Res. 1050, Feb. 2, 2010, p 1027; 107-2, H. Res. 359, Mar. 7, 
  2002, p 2738.
      Funds for the Committee on Appropriations are appropriated by the 
  annual appropriation bill for the legislative branch.


         B. Chairs, Members, and Staff; Elections and Appointments


  Sec. 4 . In General; Membership and Seniority

               Standing and Select Committees Distinguished

      Until 1911, the members and the chairs of the standing and select 
  committees of the House were generally appointed by the Speaker, 
  although in rare instances a committee chose its own chair. See 4 
  Hinds Sec. 4524. Since 1911, standing committee chairs and members 
  have been elected by the House as part of a three-step procedure. 
  First, with certain exceptions, a selection committee--sometimes 
  called a committee on committees or a steering committee--of each 
  party caucus recommends candidates for committee assignments. Second, 
  the party caucus approves the recommendations of the selection 
  committee. Third, the House approves the recommendations of the 
  caucuses, which are brought before the House as privileged 
  resolutions. Clause 5(a)(1) of rule X; Manual Sec. Sec. 317, 757; 4 
  Hinds Sec. 4513; 8 Cannon Sec. 2201. The rules of the Democratic 
  Caucus and the Republican Conference may prescribe different 
  nomination procedures for certain committees. Furthermore, the Speaker 
  has retained the authority, under clause 11 of rule I, to appoint 
  Members to select committees. Manual Sec. 637.

                              Electing Chair

      Pursuant to nominations submitted by the majority party caucus, 
  one member of each standing committee is elected as its chair at the 
  commencement of each Congress. Manual Sec. 761. A Member's service as 
  chair of the same committee (with the exception of the Committee on 
  Rules) is limited to three consecutive Congresses. Clause 5(c)(2) of 
  rule X. Nominations for chairs are submitted to the House for its 
  approval in the election resolution. Deschler Ch 17 Sec. 8.1. Such a 
  resolution is normally called up as privileged by the chair of the 
  majority party caucus, sometimes as part of a resolution electing all 
  majority members to those committees. Deschler Ch 17 Sec. 8.7 (note). 
  For an example of a resolution electing only committee chairs (and all 
  Committee on Rules members), and one electing only ranking minority 
  members, see 111-1, H. Res. 8 and H. Res. 12, Jan. 6, 2009, p 22.
      In the event of a permanent vacancy in the elected chair, the 
  House elects a successor pursuant to a privileged resolution. Manual 
  Sec. 761. This procedure is followed when a vacancy is created on a 
  standing committee by the death of its chair or after a chair has 
  resigned. Deschler Ch 17 Sec. Sec. 8.3, 8.5, 8.6. In the absence of 
  the chair, the member next in rank as named in the resolution electing 
  the committee acts as chair. Manual Sec. 761. In the absence of such 
  acting chair, the member next in rank acts as chair. 111-2, Mar. 4, 
  2010, p 2589.
      Where the chair is unable to carry out the responsibilities of the 
  position, the House may, in the election resolution, provide for a 
  delegation of powers and duties to an acting chair until further 
  ordered by the House. Manual Sec. 761. Similarly, the resolution 
  electing minority members to a committee may devolve the role of 
  ranking minority member to the next-senior minority member of a 
  standing committee (where the ranking minority member remained absent 
  due to physical infirmity). 105-2, H. Res. 369, Feb. 25, 1998, p 1967.

                            Election of Members

      Resolutions electing Members to standing committees have 
  traditionally been offered from the floor and called up as privileged 
  at the direction of the party organization. 8 Cannon Sec. Sec. 2171, 
  2179, 2182. Each party's resolution, if adopted, elects en bloc those 
  Members from that particular party to the various standing committees. 
  Deschler Ch 17 Sec. 9.1. Such a resolution is not divisible under 
  clause 5(b)(1) of rule XVI. Manual Sec. 919. However, it is debatable 
  and subject to amendment until such time as the previous question is 
  ordered. 8 Cannon Sec. Sec. 2172, 2174.
      Under clause 5(b)(1) of rule X, service on a standing committee is 
  contingent upon continuing membership in the nominating party caucus. 
  Such service automatically ceases upon termination of caucus 
  membership. Manual Sec. 760.
      No Member may serve simultaneously as a member of more than two 
  standing committees or four subcommittees unless approved by the House 
  on recommendation of the caucus. Clause 5(b)(2) of rule X. A Member 
  may be removed from a committee by privileged resolution. See, e.g., 
  109-2, H. Res. 872, June 16, 2006, p 11618.

                                 Seniority

      Committee seniority is shown by the order in which the Members' 
  names are listed in the election resolution. Deschler Ch 17 Sec. 11.1. 
  A resolution electing a Member to a committee may include the 
  designation of rank on the committee (Deschler Ch 17 Sec. 9.6) and may 
  be made effective retroactively (Deschler Ch 17 Sec. 9.16). A 
  resolution may also alter the rank among sitting committee members. 
  See, e.g., 107-1, H. Res. 85, Mar. 8, 2001, p 3295.


  Sec. 5 . Numerical Composition of Committees; Party Ratios

                              Committee Size

      Clause 5(a)(3) of rule X limits the size of only one standing 
  committee of the House, the Committee on Ethics, which is set at five 
  majority and five minority members. Manual Sec. 759. The sizes of 
  other committees of the House are negotiated by the Majority and 
  Minority Leaders at the direction of their respective party 
  organizations. Deschler Ch 17 Sec. 9. The size of each committee is 
  ultimately determined by the number of Members elected to each 
  committee pursuant to clause 5(a) of rule X. Manual Sec. 757.

                               Party Ratios

      The allocation of majority party and minority party representation 
  on committees is normally determined through negotiations between the 
  majority and minority leadership. Historically, the party ratios on 
  most standing committees have tended to reflect the relative 
  membership of the two parties in the House as a whole. Deschler Ch 17 
  Sec. 9.4. Sometimes, however, the membership of a committee is equally 
  divided between the majority and minority parties where bipartisan 
  deliberations are considered essential. See, e.g., clause 5(a)(3) of 
  rule X, requiring the members of the Committee on Ethics to be five 
  from the majority party and five from the minority party.
      Disproportionate party ratios on committees may also be traced to 
  the rules of the party caucus. Deschler Ch 3 Sec. 9. Moreover, some 
  House committees, such as the Committee on Rules and the Committee on 
  House Administration, have traditionally reflected disproportionate 
  ratios in favor of the majority party. See, e.g., 8 Cannon Sec. 2184.


  Sec. 6 . The Chair's Role

      The powers and duties of the full committee chairs are derived 
  from custom and from the rules of the House. The chair of a committee:

     Presides over committee meetings. Manual Sec. 317.
     Schedules meetings and hearings subject to rule XI.
     Administers oaths to witnesses in hearings in the committee or 
         delegates that authority. Manual Sec. 805; 2 USC Sec. 191. In 
         one instance, the chair of an investigating committee 
         administered the oath to himself and testified. 3 Hinds 
         Sec. 1821.
     May punish breaches of order and decorum by censure and 
         exclusion from hearings. Manual Sec. 803.
     Authorizes and issues subpoenas when the power to do so has 
         been delegated by the committee. Manual Sec. 805.
     Fixes, within certain guidelines, the salaries of staff. 
         Manual Sec. 777.
     Submits committee reports to the House, even if not concurring 
         therein. Clause 2(b)(1) of rule XIII; 4 Hinds Sec. Sec. 4670, 
         4671. However, a committee may order its report to be made by 
         some other member or even by a member of the minority party. 4 
         Hinds Sec. Sec. 4669, 4672, 4673.
     Submits privileged reports to the House from the floor. Manual 
         Sec. 418.
     Manages bills of the committee in the House under the 
         responsibility to take steps necessary to bring the measure or 
         matter to a vote. Such managerial status entitles the chair at 
         all stages to prior recognition for allowable motions intended 
         to expedite it. Manual Sec. 834; 2 Hinds Sec. Sec. 1452, 1457; 
         6 Cannon Sec. Sec. 296, 300.
     Receives priority in recognition when Senate amendments to the 
         bill are debated. 2 Hinds Sec. 1452.


  Sec. 7 . Committee Employees and Staff

      The employment of committee staff is governed by clause 9 of rule 
  X (Manual Sec. Sec. 771-781) and by statute (see, e.g., 5 USC 
  Sec. Sec. 5315, 5316, setting permissible rates of staff pay).
      The House rules place a limit on the number of professional staff 
  members which may be appointed to a standing committee (the Committee 
  on Appropriations excepted) and on the number of professional staff 
  members which may be selected by the minority. Manual Sec. Sec. 771-
  774. The Committee on Appropriations is subject to a separate rule 
  permitting the appointment, in addition to a clerk and assistants for 
  the minority, of such staff as are determined by majority vote to be 
  necessary. Clause 9(d) of rule X.


            C. Committee Functions; Jurisdiction and Authority


  Sec. 8 . Legislative Jurisdiction

                   Generally; Referrals and Rereferrals

      The legislative jurisdiction of each standing committee is 
  specified and defined by rule X. Manual Sec. Sec. 714-741. Areas of 
  legislative interest have been divided under rule X into distinct 
  subject matter classifications, with jurisdiction over each being 
  allocated to a standing or select committee. The Speaker refers bills 
  and other matters to committees pursuant to the jurisdiction of each 
  committee as defined by rule X, taking into account any relevant 
  precedents. Under clause 2 of rule XII, the Speaker is required to 
  refer a measure to more than one committee where it involves subject 
  matter assigned to different committees. Manual Sec. 816. Under clause 
  2(c)(1) of rule XII, the Speaker is required to indicate a primary 
  committee of jurisdiction (except where it is determined that 
  extraordinary circumstances justify review by more than one committee 
  as though primary). Additional committees of initial referral are 
  listed after the primary committee. The Speaker imposes time limits on 
  the additional committees once the primary committee reports. Clause 
  2(c) of rule XII; Manual Sec. 816. Under clause 2 of rule XII, the 
  Speaker also may refer a measure sequentially to a committee upon 
  reporting by the committee of primary referral. The Speaker imposes 
  time limits on sequential referrals. For a discussion of referrals 
  generally, see Bills and Resolutions.
      Rule X requires the Speaker to refer public measures in accordance 
  with its terms and gives some discretion to Members in referring 
  private bills. Manual Sec. Sec. 714, 818. However, the House itself 
  may refer bills to any committee without regard to the rules of 
  jurisdiction, and jurisdiction is thereby conferred. 4 Hinds 
  Sec. Sec. 4362-4364, 4375; 5 Hinds Sec. 5527; 7 Cannon Sec. Sec. 2105, 
  2131.
      The committees, because they are created by the House, exercise no 
  authority or jurisdiction beyond that specifically conferred by the 
  rules or by special authorization of the House itself. 7 Cannon 
  Sec. 780. However, the House may confer jurisdiction on a committee by 
  the adoption of a special order of business from the Committee on 
  Rules. 7 Cannon Sec. 780. A bill may be originated by a committee 
  which has been given jurisdiction to do so by order or rule of the 
  House. 4 Hinds Sec. 3365. Jurisdictional authority, in addition to 
  that specified in rule X, may be vested in a committee pursuant to:

     A resolution enlarging the jurisdiction of a committee or 
         authorizing it to study and report on a particular matter. 3 
         Hinds Sec. 1753.
     A change in the rules of the House by adoption of a resolution 
         from the Committee on Rules. 91-2, July 8, 1970, p 32136.
     A motion to rerefer or recommit.

      The erroneous reference of a public bill, if it remains 
  uncorrected, gives the committee authority to report that measure. 4 
  Hinds Sec. Sec. 4365-4371; 7 Cannon Sec. 2108. However, such is not 
  the case with respect to a private bill unless the reference is made 
  by action of the House itself. 4 Hinds Sec. Sec. 3364, 4382-4391; 7 
  Cannon Sec. 2131.

                            Informal Agreements

      Questions relating to the jurisdiction over a subject by two or 
  more committees are sometimes resolved pursuant to an informal 
  agreement or memorandum of understanding between the committees 
  involved. See, e.g., 110-1, Jan. 4, 2007, p 16 (memorandum of 
  understanding between two committees concerning jurisdiction over 
  departments, agencies, and programs relating to homeland security). 
  Although these memoranda may explain understandings, they may not 
  alter explicit jurisdictional statements in the rules. Committee 
  reports often contain an exchange of letters between committee chairs 
  waiving a committee's claim to review a particular bill, with the 
  understanding that this surrender of jurisdiction over the matter is 
  not permanent. See, e.g., 106-2, H. Rept. 106-616.

                   Points of Order; Erroneous Referrals

      The Speaker's referral of a bill is not subject to a point of 
  order. Manual Sec. 825; 4 Hinds Sec. 4372; Deschler Ch 17 
  Sec. Sec. 26, 27.9. Under clause 7(a) of rule XII, a motion to correct 
  an erroneous referral is privileged if authorized either by the 
  committee to which the bill had been erroneously referred or by the 
  committee claiming jurisdiction. The motion is not debatable. Under 
  the modern practice, however, erroneous referrals are corrected by 
  unanimous consent. The Speaker may also sequentially refer a measure 
  (upon reporting by the committee of initial referral) to a committee 
  that was erroneously excluded from the initial referral.
      The Speaker's standard phrasing for multiple referral of measures 
  is as follows: ``in each case for consideration of such provisions as 
  fall within the jurisdiction of the committee concerned.'' As a 
  result, a committee may not mark up portions of a bill that fall 
  entirely outside the jurisdiction of the committee (though they may 
  mark up portions with shared jurisdiction). In a committee of 
  referral, a point of order lies against an amendment that falls 
  entirely outside the jurisdiction of the committee.


  Sec. 9 . Oversight Jurisdiction

                                 Generally

      The oversight function of the House arises from its duty to 
  exercise continuous vigilance over the administration and execution of 
  the laws by the departments and agencies of the Federal government. 
  Legislative oversight as a continuing function was given to all 
  standing committees by the Legislative Reorganization Act of 1946, 
  which provided that each standing committee ``shall exercise 
  continuous watchfulness'' over administrative agencies, and by the 
  Legislative Reorganization Act of 1970, which required periodic 
  reports by committees on their oversight activities. Clause 2 of rule 
  X requires the standing committees to exercise general oversight. 
  Manual Sec. Sec. 742, 743. In the 111th Congress, clauses 2(n), (o), 
  and (p) were added to rule XI, requiring committees to hold hearings 
  on ``waste, fraud, abuse, or mismanagement in Government 
  programs,''and related financial statement disclaimers by agency 
  auditors or Comptroller General reports. In the 112th Congress and 
  again in the 115th Congress, the rule on committee oversight plans was 
  amended to expand the list of required elements to include such items 
  as a list of lapsed authorizations, recommendations for moving 
  programs from mandatory to discretionary spending, and recommendations 
  for the termination of programs deemed duplicative or unnecessary. 
  Clause 2(d)(1)(F) of rule X; Manual Sec. 743.

                General and Special Oversight Distinguished

      The House rules impose both general and special oversight 
  responsibilities on standing committees. General legislative oversight 
  is performed by all standing committees, although special oversight 
  functions, under clause 3 of rule X, are given to certain standing 
  committees. Manual Sec. Sec. 742, 744. In the 107th Congress, the 
  Permanent Select Committee on Intelligence was given special oversight 
  responsibility regarding the intelligence community. Clause 3(m) of 
  rule X. A select intelligence oversight panel of the Committee on 
  Appropriations was created in the 110th Congress, but abolished in the 
  112th Congress. Manual Sec. 747a. Additional budget and other 
  oversight-related functions are delineated in clause 4 of rule X. 
  Manual Sec. Sec. 745-756.

                             Activity Reports

      House rules require each committee to submit biennial reports on 
  both the legislative and oversight activities of the committee for 
  that Congress. Such reports must be filed by January 2 of each odd-
  numbered year. Clause 1(d) of rule XI; Manual Sec. 790.


  Sec. 10 . Investigative Jurisdiction and Authority

                            Standing Committees

      Under clause 1(b) of rule XI, each standing committee is 
  authorized to conduct such investigations as it considers necessary or 
  appropriate in carrying out the jurisdictional responsibilities given 
  to it under rule X. Manual Sec. 788. To carry out its duties, each 
  committee and each subcommittee is authorized by clause 2(m) of rule 
  XI to hold hearings and to subpoena witnesses or compel the production 
  of documents. Manual Sec. 805. As to the issuance and enforcement of 
  subpoenas, see Sec. 24, infra.
      The House has, by resolution, authorized standing committees to 
  make applications to courts regarding their investigations, including 
  judicial enforcement of committee subpoenas. 112-2, H. Res. 706, June 
  28, 2012, p__. The House has also authorized the Office of General 
  Counsel to represent standing committees in such litigation. 113-1, 
  Jan. 3, 2013, p__; Manual Sec. 670.

                        Select or Joint Committees

      Lacking general investigative authority, a select or joint 
  committee must be given specific authority to undertake an 
  investigation. Such authority may be given pursuant to:

     A statute conferring investigative powers. See, e.g., 26 USC 
         Sec. 8022 (conferring investigative duties on the Joint 
         Committee on Taxation).
     A concurrent resolution. See, e.g., 102-2, H. Con. Res. 192, 
         Aug. 6, 1992, p 21961 (establishing the Joint Committee on the 
         Organization of Congress).
     A standing rule of the House. See, e.g., clause 11 of rule X 
         (establishing the Permanent Select Committee on Intelligence).
     A simple resolution. See, e.g., 105-2, H. Res. 463, June 18, 
         1998, pp 12876-80, (establishing the Select Committee on U.S. 
         National Security and Military/Commercial Concerns with China); 
         110-1, H. Res. 202, Mar. 8, 2007, p 5797 (establishing the 
         Select Committee on Energy Independence and Global Warming); 
         113-2, H. Res. 567, May 8, 2014, p__ (establishing the Select 
         Committee on the Events Surrounding the 2012 Terrorist Attack 
         in Benghazi).

                            Scope; Limitations

      The investigative power that is exercised by the House through its 
  committees is inherent in the power to make laws. Watkins v. United 
  States, 354 U.S. 178 (1957). In so ruling, courts have reasoned, ``A 
  legislative body cannot legislate wisely or effectively in the absence 
  of information respecting the conditions which the legislation is 
  intended to affect or change.'' McGrain v. Daugherty, 273 U.S. 135 
  (1927); Eastland v. United States Servicemen's Fund, 421 U.S. 491 
  (1975).
      This investigative power encompasses inquiries concerning the 
  administration of existing laws and the need for proposed legislation. 
  It extends to studies of social, economic, or political problems, and 
  probes departmental corruption, inefficiency, or waste at the Federal 
  level. Watkins, 354 U.S. 178. Although broad, this power of 
  investigation is not unlimited. It may be exercised only in aid of the 
  ``legislative function.'' Kilbourn v. Thompson, 103 U.S. 168 (1881). 
  It is said that Congress has no general power to inquire into private 
  affairs and that the subject of inquiry must be one ``on which 
  legislation could be had.'' McGrain, 273 U.S. 135.
      Since 1952, the courts have declined to presume the existence of a 
  legislative purpose and have narrowly construed resolutions granting 
  authority to committees to conduct investigations. United States v. 
  Rumely, 345 U.S. 41 (1952). The investigative power cannot be used to 
  expose merely for the sake of exposure or to inquire into matters 
  which are within the exclusive province of one of the other branches 
  of government or which are reserved to the States. Deschler Ch 15 
  Sec. 1.
      A further requirement for the validity of a committee 
  investigation is that it must have been expressly or implicitly 
  authorized in accordance with congressional procedures. Deschler Ch 15 
  Sec. 1. Thus, the courts have refused to convict a witness for 
  contempt arising out of a subcommittee investigation where that 
  investigation had not been approved by a majority of the parent 
  committee, as was required by the committee rule. Gojack v. United 
  States, 384 U.S. 702 (1966).
      The courts will not look to the motives which may have prompted a 
  congressional investigation. Watkins, 354 U.S. 178. The courts also 
  will not question the wisdom of the investigation or its methodology. 
  Doe v. McMillan, 412 U.S. 306 (1973). The very nature of the 
  investigative function is such that it may take the searchers up some 
  ``blind alleys'' and into nonproductive enterprises. The validity of a 
  legislative inquiry is not contingent on a predictable end result. 
  Eastland, 421 U.S. 491.

                    Obstructing Committee Investigation

      A Federal statute provides criminal penalties for those who 
  corruptly influence, obstruct, or impede ``due and proper'' 
  congressional inquiry. 18 USC Sec. 1505. Indictments under Sec. 1505 
  have been upheld despite contentions that the committee violated its 
  own rules and those of the House. United States v. Poindexter, 725 F. 
  Supp. 13 (D.D.C. 1989); United States v. Mitchell, 877 F.2d 204 (4th 
  Cir. 1989).


  Sec. 11 . Standing Committees

      Standing committees were not used extensively during the earliest 
  Congresses. It was the general practice of the House to refer matters 
  to a Committee of the Whole to develop the primary objectives of a 
  proposal, and then to commit such matters to select committees to 
  draft specific bills.
      At the start of the 19th century, standing committees began to 
  proliferate. By mid-century the House had 34 standing committees, and 
  by 1900 it had 58. Subsequent additions raised the number of standing 
  committees to 61 by 1905. However, in the 1920s the House consolidated 
  numerous committees and again vested in the Committee on 
  Appropriations jurisdiction over all general appropriation bills. 7 
  Cannon Sec. 1741. Further reductions in the number of committees in 
  the House were made by the Legislative Reorganization Act of 1946 (60 
  Stat. 812). By dropping relatively inactive committees and by merging 
  those with similar functions and jurisdiction, the Act reduced the 
  total number of standing committees in the House from 44 to 19. 
  Between 1946 and 1995, this number fluctuated only slightly with minor 
  additions and consolidation.
      In 1995 the House again reorganized its committee system, 
  reestablishing the number at 19 by abolishing three committees and 
  altering the jurisdiction of several others. 104-1, H. Res. 6, Jan. 4, 
  1995, p 462. In the 109th Congress, the House established a Committee 
  on Homeland Security as a standing committee, replacing a prior select 
  committee. Corresponding changes were made to the jurisdictions of the 
  Committees on the Judiciary, Transportation and Infrastructure, and 
  Ways and Means. The Speaker announced that referrals to the prior 
  select committee would not constitute precedent for referrals to the 
  standing committee. 109-1, Jan. 4, 2005, p 71.
      Under clause 5(d) of rule X, a standing committee may have no more 
  than five subcommittees. However, clause 5(d) excepts from that 
  stricture: (1) a committee that maintains a subcommittee on oversight, 
  which may have six subcommittees; (2) the Committee on Appropriations, 
  which may have 13 subcommittees; (3) the Committee on Armed Services, 
  which may have seven subcommittees; (4) the Committee on Foreign 
  Affairs, which may have seven subcommittees; (5) the Committee on 
  Oversight and Government Reform, which may have seven subcommittees; 
  and (6) the Committee on Transportation and Infrastructure, which may 
  have six subcommittees. Manual Sec. 762. The House has occasionally 
  excepted other committees from that stricture. See, e.g., 115-1, H. 
  Res. 5, Jan. 6, 2015, p__
      The standing committees of the House, with their antecedent 
  committees, are shown in the following table. This table provides 
  citations to relevant statutes or precedents and to the authority for 
  legislative jurisdiction and/or oversight functions, where applicable.
        

                    Standing Committees (115th Cong.)
            Jurisdiction, Oversight Function, and Antecedents
------------------------------------------------------------------------
Standing Committees (115th Cong.)          Antecedent Committees
------------------------------------------------------------------------
Agriculture
  Established 1820; 4 Hinds Sec.
   4149
  Legislative jurisdiction,
   Manual Sec. 715
  Oversight functions, Manual
   Sec. Sec. 742, 755, 756
 
Appropriations
  Established 1865; 4 Hinds Sec.   Ways and Means (in part), 1802
   4032
  Legislative jurisdiction,
   Manual Sec. 716
  Oversight and additional
   functions, Manual Sec. Sec.
   744-747, 755, 756
 
Armed Services
  Established 1947; 60 Stat. 812   Military Affairs, 1822
  Legislative jurisdiction,        Naval Affairs, 1822
   Manual Sec. 718                 Militia, 1835
  Oversight and additional         Atomic Energy (Joint Committee), 1946
   functions, Manual Sec. Sec.
   742-744, 755, 756
  Formerly known as ``National
   Security'' 1995, Manual Sec.
   718
 
Budget
  Established 1974; 88 Stat. 299
  Legislative jurisdiction,
   Manual Sec. 719
  Oversight functions, Manual
   Sec. Sec. 742-744, 748, 756
 
Education and the Workforce
  Established 1947; 60 Stat. 812   Education, 1867
  Legislative jurisdiction,        Labor, 1883
   Manual Sec. 720
  Oversight functions, Manual
   Sec. Sec. 742-744, 755, 756
  Formerly known as ``Education
   and Labor'' 1947, ``Economic
   and Educational
   Opportunities'' 1995,
   ``Education and the
   Workforce'' 1997, ``Education
   and Labor'' 2007, Manual Sec.
   720
 
Energy and Commerce
  Established 1795; 4 Hinds Sec.   Commerce and Manufacturers, 1795
   4096
  Legislative jurisdiction,        Coinage, Weights and Measures, 1867
   Manual Sec. 721
  Oversight functions, Manual      Atomic Energy (Joint Committee), 1946
   Sec. Sec. 742-744, 755, 756
  Formerly known as ``Interstate
   and Foreign Commerce'' 1892,
   ``Commerce and Health'' 1975,
   ``Interstate and Foreign
   Commerce'' 1975, ``Energy and
   Commerce'' 1980, ``Commerce''
   1995, Manual Sec. 721
 
Ethics
  Established 1967; 90-2, H. Res.  Standards and Conduct (Select
   418                              Committee), 1966
  Legislative jurisdiction,        Ethics (Select Committee), 1977
   Manual Sec. Sec. 721b, 721c
  Oversight functions, Manual
   Sec. 742
  Formerly known as ``Standards
   of Official Conduct'' 1967,
   Manual Sec. 721b
 
Financial Services
  Established 1865; 4 Hinds Sec.
   4082
  Legislative jurisdiction,
   Manual Sec. 722
  Oversight and additional
   functions, Manual Sec. Sec.
   742, 743, 755, 756
  Formerly known as ``Banking and  .....................................
   Currency'' 1865, ``Coinage,
   Weights and Measures'' 1867,
   ``Banking, Currency and
   Housing'' 1974, ``Banking,
   Finance and Urban Affairs''
   1977, ``Banking and Financial
   Services'' 1995, Manual Sec.
   722
 
Foreign Affairs
  Established 1822; 4 Hinds Sec.   Atomic Energy (Joint Committee), 1946
   4162
  Legislative jurisdiction,
   Manual Sec. 723
  Oversight functions, Manual
   Sec. Sec. 742-744, 755, 756
  Formerly known as ``Foreign
   Affairs'' 1822,
   ``International Relations''
   1975, ``Foreign Affairs''
   1979, ``International
   Relations'' 1995, Manual Sec.
   723
 
Homeland Security
  Established 2005                 Homeland Security (Select Committee),
  Legislative jurisdiction,         2002
   Manual Sec. Sec. 723a, 723b     Homeland Security (Select Committee),
  Oversight and additional          2003
   functions, Manual Sec. Sec.
   742-744, 755, 756
 
House Administration
  Established 1947; 60 Stat. 812   Enrolled Bills, 1789
  Legislative jurisdiction,        Elections, 1794, 1895
   Manual Sec. Sec. 724-728        Accounts, 1805
  Oversight and additional         Mileage, 1837
   functions, Manual Sec. Sec.     Printing, 1846
   742, 743, 750-756               Disposition of Executive Papers, 1889
  Formerly known as ``House        Ventilation and Acoustics, 1893
   Oversight'' 1995, Manual Sec.   Memorials, 1929
   724
 
Judiciary
  Established 1813; 4 Hinds Sec.   Claims, 1794
   4054
  Continued, 1947, 60 Stat. 812    Patents, 1837
  Legislative jurisdiction,        Revision of the Laws, 1868
   Manual Sec. Sec. 729, 730       War Claims, 1883
  Oversight functions, Manual      Immigration and Naturalization, 1893
   Sec. Sec. 742, 743, 755, 756    Internal Security, 1969
 
 Natural Resources
  Established 1805; 4 Hinds Sec.   Private Land Claims, 1816
   4194
  Legislative jurisdiction,        Indian Affairs, 1821
   Manual Sec. 731
  Oversight functions, Manual      Territories, 1825
   Sec. Sec. 742-744, 755, 756     Mines and Mining, 1865
  Formerly known as ``Public       Merchant Marine and Fisheries (in
   Lands'' 1805, ``Insular          part), 1887
   Affairs'' 1899, ``Interior and  Irrigation of Arid Lands, 1893
   Insular Affairs'' 1951,         Atomic Energy (Joint Committee), 1946
   ``Natural Resources'' 1993,
   ``Resources'' 1995, Manual
   Sec. 731
 
Oversight and Government Reform
  Established 1927; 7 Cannon Sec.  District of Columbia, 1808
   2041
  Legislative jurisdiction,        Public Expenditures, 1814
   Manual Sec. 732
  Oversight and additional         State, Treasury, War, Navy, and Post
   functions, Manual Sec. Sec.      Office, 1816
   742-744, 749, 755, 756
  Formerly known as                Justice, 1874
   ``Expenditures in the           Agriculture, 1889
   Executive Departments'' 1927,   Commerce and Labor, 1905
   ``Government Operations''       Post Office and Civil Service, 1947
   1952, ``Government Reform and
   Oversight'' 1995, ``Government
   Reform'' 1999, Manual Sec. 732
 
Rules
  Established 1880; 4 Hinds Sec.   Rules (Select Committee), 1789
   4321
  Mandated by law, 1947, 60 Stat.
   812
  Legislative jurisdiction,
   Manual Sec. Sec. 733, 734
  Oversight functions, Manual
   Sec. Sec. 742-744, 756
 
Science, Space, and Technology
  Established 1958; 85-2, H. Res.  Merchant Marine and Fisheries (in
   496                              part), 1887
  Legislative jurisdiction,        Atomic Energy (Joint Committee), 1946
   Manual Sec. 735                 Astronautics and Space Exploration
  Oversight functions, Manual       (Select Committee), 1958
   Sec. Sec. 742-744, 755, 756
  Formerly known as ``Science and
   Astronautics'' 1958, ``Science
   and Technology'' 1975,
   ``Science, Space, and
   Technology'' 1987, ``Science''
   1995, ``Science and
   Technology'' 2007, Manual Sec.
   735
 
Small Business
  Established 1975; 93-2, H. Res.  Small Business (Select Committee),
   988                              1941
  Legislative jurisdiction,
   Manual Sec. 736
  Oversight functions, Manual      Small Business (Permanent Select
   Sec. Sec. 742-744, 755, 756      Committee), 1971
 
Transportation and Infrastructure
  Established 1947; 60 Stat. 812   Public Buildings and Grounds, 1837
  Legislative jurisdiction,        Mississippi Levies, 1875
   Manual Sec. 739
  Oversight functions, Manual      Rivers and Harbors, 1883
   Sec. Sec. 742, 743, 755, 756    Merchant Marine and Fisheries (in
  Formerly known as ``Public        part), 1887
   Works and Transportation''      Roads, 1913
   1975, Manual Sec. 739           Flood Control, 1916
 
Veterans' Affairs
  Established 1947; 60 Stat. 812   Pensions and Revolutionary Claims,
  Legislative jurisdiction,          1813
   Manual Sec. 740
  Oversight functions, Manual      Revolutionary Pensions, 1825
   Sec. Sec. 742, 743, 755, 756    Invalid Pensions, 1831
                                   World War Veterans' Legislation, 1924
 
Ways and Means
  Established 1802; 4 Hinds Sec.   Ways and Means (Select Committee),
   4020                             1789
  Legislative jurisdiction,
   Manual Sec. 741
  Oversight functions, Manual
   Sec. Sec. 742, 743, 755, 756
------------------------------------------------------------------------

  Sec. 12 . Select Committees

      Select (or special) committees were used extensively by the House 
  during the early Congresses. In the Jeffersonian era, it was common 
  practice to refer each proposal to a select committee created to draft 
  the appropriate legislative language for the measure. Manual Sec. 401. 
  By the Third Congress, 350 select committees had been named. However, 
  as standing committees came to be recognized as the most appropriate 
  forum for the development of legislation, the use of select committees 
  declined steadily. By the 23d Congress, the number of select 
  committees had been reduced to 35. By the 106th Congress, only the 
  Permanent Select Committee on Intelligence remained. Clause 11 of rule 
  X. A select committee identified as permanent is reconstituted in each 
  Congress upon adoption of the rules of the House. Select committees 
  have been established with oversight jurisdiction only (for example, 
  the Select Committee on Energy Independence and Global Warming).
      In the modern era, select committees are created primarily to 
  investigate conditions or events. As pointed out elsewhere, all 
  committee investigations must be undertaken in furtherance of a 
  constitutionally assigned function of Congress. Deschler Ch 15 Sec. 1; 
  see Sec. 10, supra.
      Select committees have also been created to study and report on 
  matters with a view toward legislative action. Most select committees 
  of this type lacked authority to report legislation. Instead, they 
  were directed to assess the adequacy of existing laws and, if 
  necessary, to make legislative recommendations. However, several 
  select committees have been empowered to report legislation directly 
  to the House. Deschler Ch 17 Sec. 6. For example, the Select Committee 
  on Homeland Security was required to report to the House its 
  recommendations on a bill establishing a Department of Homeland 
  Security. In making its recommendation, the select committee was 
  required to take into consideration recommendations by each committee 
  to which such bill was initially referred. 107-2, H. Res. 449, June 
  19, 2002, p 10722. In the 108th Congress, the House established a 
  successor to the Select Committee on Homeland Security, granting it 
  jurisdiction over matters relating to the Homeland Security Act of 
  2002 (the law enacted on the recommendation of the predecessor select 
  committee). For further discussion on the establishment of select 
  committees, see Guidelines for the Establishment of Select Committees, 
  Committee on Rules, 98-1, February, 1983.
      Finally, select committees have been created to supervise certain 
  routine housekeeping functions; for example, the Select Committee on 
  the House Beauty Shop (95-1, H. Res. 1000), the Select Committee on 
  the House Recording Studio (Pub. L. No. 84-624), the Select Committee 
  on the House Restaurant (95-1, H. Res. 472), and the Select Committee 
  to Regulate Parking on the House Side of the Capitol (95-1, H. Res. 
  282).


  Sec. 13 . --Particular Uses of Select Committees

      The House has established more than 40 select committees since 
  passage of the Legislative Reorganization Act of 1946. The table below 
  identifies some of these committees for purposes of illustration. The 
  table shows these committees by name (or paraphrase thereof), dates of 
  creation and termination, and authority, including legislative 
  authority. With the two exceptions noted--Campaign Expenditures and 
  Small Business--the table excludes those committees existing before 
  1947 which were subsequently reconstituted.
        

                            Select Committees
------------------------------------------------------------------------
                       Jurisdiction--Investigative          Reporting
    Committee                   Authority                   Authority
------------------------------------------------------------------------
Aging
  Established      Problems of the older American;      To report
   Jan. 3, 1975;    income maintenance, housing, and     annually to the
   93-2, H. Res.    health; welfare programs             House; no
   988                                                   legislative
  Terminated Jan.                                        authority
   5, 1993,
   Manual Sec.
   784
 
Astronautics and
 Space
 Exploration
  Established      All aspects and problems relating    To report to the
   Mar. 25, 1958;   to the exploration of outer space;   House, by bill
   85-2, H. Res.    resources, personnel, equipment,     or otherwise
   496              and facilities; legislation
  Terminated July
   21, 1958;
   became
   standing
   Committee on
   Science and
   Astronautics
 
Assassinations
  Established      Circumstances surrounding the death  To report to the
   Sept. 17,        of John F. Kennedy and the death     House on the
   1976; 94-2, H.   of Martin Luther King, Jr.           result of its
   Res. 1540                                             investigation
  Terminated Jan.                                        (see H. Rept.
   3, 1979                                               95-1828); no
                                                         legislative
                                                         authority
 
Campaign
 Expenditures
  Established May  Election disputes; electoral fraud;  Reporting
   29, 1928; 70-    excessive campaign expenditures of   authority
   1, H. Res. 232   Presidential or congressional        varied from
  Reestablished     candidates                           Congress to
   by each                                               Congress
   Congress
   through 92-2
 
Chemicals,
 Pesticides, and
 Insecticides
 Affecting Foods
  Established      Chemicals, compounds, and            To report to the
   June 20, 1950;   synthetics in the production of      House on its
   81-2, H. Res.    food products; health factors; the   investigation
   323              agricultural economy; toxic          with
  Terminated Jan.   residues; effect on soil and         recommendations
   3, 1953          vegetation                           for legislation
                                                         (see H. Rept.
                                                         82-2182); no
                                                         legislative
                                                         authority
 
Children, Youth
 and Families
  Established      Income maintenance; health;          To report to the
   Sept. 29,        nutrition; education; welfare;       House on the
   1982, 97-2, H.   employment                           results of its
   Res. 421                                              investigations;
  Reestablished                                          no legislative
   by each                                               authority
   Congress
   through 102-2
 
 
Committees
  Established      Rules X and XI of the rules of the   To report to the
   Jan. 31, 1973;   House; committee structure; number   House by bill,
   93-1, H. Res.    and size of committees;              resolution, or
   132              jurisdiction; committee procedure;   otherwise (see
  Terminated Dec.   meetings, staffing, and facilities   H. Rept. 96-
   20, 1974;                                             866)
   reestablished
   1979; 96-1, H.
   Res. 118;
   records
   transferred to
   Committee on
   Rules, Apr. 1,
   1980
 
Communist
 Aggression
  Established      Seizure of Latvia and Estonia by     To report to the
   July 27, 1953;   the U.S.S.R.; treatment of the       House on its
   83-1, H. Res.    Baltic peoples during this period    study together
   346                                                   with
  Terminated Dec.                                        recommendations
   31, 1954                                              (see H. Rept.
                                                         83-2650); no
                                                         legislative
                                                         authority
 
Congressional
 Operations
  Established      Organization and operation of the    To report
   Mar. 28, 1977;   U.S. Congress; cooperation between   recommendations
   95-1, H. Res.    the Houses; relationship with        on subjects
   420              other branches of government         specified (see
  Terminated Jan.                                        H. Rept. 95-
   3, 1979                                               1843); no
                                                         legislative
                                                         authority
 
Congressional
 Pages
  Established      General welfare and education of     To report on the
   Sept. 30,        congressional pages                  results of its
   1964; 88-2, H.                                        investigations
   Res. 847                                              (see H. Rept.
  Terminated Jan.                                        88-1945); to
   4, 1965                                               make
                                                         recommendations
 
Covert Arms
 Transactions
 with Iran
  Established      Investigation of the ``Iran-Contra   To report on the
   Jan. 7, 1987;    affair''; met jointly with Senate    results of its
   100-1, H. Res.   Select Committee                     investigations
   12                                                    (see H. Rept.
  Terminated Nov.                                        100-433)
   13, 1987
 
Crime
  Established May  All aspects of crime in the United   To report on its
   1, 1969; 91-1,   States; its elements, causes, and    investigation
   H. Res. 17       extent; reciprocity of               with
  Terminated June   information; urban crime             recommendations
   30, 1973                                              (see H. Rept.
                                                         93-358); no
                                                         legislative
                                                         authority
 
Energy
  Established      Message of the President dated Apr.  To report to the
   Apr. 21, 1977;   20, 1977, and other communications   House by bill
   95-1, H. Res.    relating thereto; bills or           or otherwise
   508              resolutions sequentially referred    (see H. Rept.
  Terminated Jan.   thereto                              95-543)
   3, 1979;
   jurisdiction
   transferred to
   Energy and
   Commerce, 97th
   Cong.
 
Energy
 Independence and
 Global Warming
  Established      Investigation into reducing U.S.     To report on
   Mar. 8, 2007;    dependence on foreign sources of     policies,
   110-1, H. Res.   energy and reducing activities       strategies, and
   202              that contribute to climate change    new
  Terminated Jan.   and global warming                   technologies
   3, 2011                                               related to its
                                                         investigations
 
Ethics -
 Standards and
 Conduct of
 Members
  Established      Rules or regulations necessary or    To make
   Oct. 19, 1966;   desirable to ensure proper           recommendations
   89-2, H. Res.    standards of conduct by Members      to the House by
   1013             and by officers or employees of      report or
  Terminated Dec.   the House; reporting of statutory    resolution
   27, 1966;        violations
   standing
   Committee on
   Standards of
   Official
   Conduct (now
   Ethics)
   created Apr.
   13, 1967
 
Ethics
  Established      Certain bills and resolutions        To report to the
   Mar. 9, 1977;    relating to ethical standards of     House on the
   95-1, H. Res.    Members contained in standing        measure
   383              rules; regulations relating          specified (see
  Terminated Jan.   thereto; advisory opinions           H. Rept. 95-
   3, 1979                                               1837); to
                                                         report
                                                         regulations; to
                                                         recommend
                                                         legislation
 
Ethics
  Established      Continue investigation of a Member   To resolve the
   Jan. 7, 1997;    by the Committee on Standards of     inquiry and
   105-1, H. Res.   Official Conduct (now Ethics),       report to the
   5                begun in the prior Congress          House (see H.
  Terminated Jan.                                        Rept. 105-1; H.
   21, 1997                                              Res. 31)
 
Events
 Surrounding the
 2012 Terrorist
 Attack in
 Benghazi
  Established May  Policies, decisions, and activities  To prepare a
   8, 2014; 113-    relating to the attacks on U.S.      final report
   2, H. Res. 567   facilities in Benghazi, Libya, and   (see H. Rept.
  Reestablished     efforts to bring the perpetrators    114-848); no
   in the 114th     to justice                           legislative
   Congress                                              authority
  Terminated Jan.
   3, 2017
 
Export Controls
  Established      The Export Control Act of 1949;      To report on its
   Sept. 7, 1961;   assessment of accomplishments        investigation
   87-1, H. Res.    under that Act; improvements in      together with
   403              administration and enforcement;      any
  Terminated May    congressional oversight              recommendations
   31, 1962                                              (see H. Rept.
                                                         87-1753); no
                                                         legislative
                                                         authority
 
Foreign Aid
  Established      Basic needs of foreign nations and   To report to the
   July 22, 1947;   peoples; relief in terms of food     House as deemed
   80-1, H. Res.    and clothing; resources and          appropriate; no
   296              facilities; agencies                 legislative
  Terminated May                                         authority
   3, 1948
 
Government
 Research
  Established      Research programs of Federal         To report its
   Sept. 11,        agencies; expenditures for           findings to the
   1963; 88-1, H.   research programs; costs of          House with
   Res. 504         government research                  recommended
  Terminated Jan.                                        legislation
   3, 1965                                               (see H. Rept.
                                                         88-1143)
 
Homeland Security
  Established      Develop recommendations on such      To report its
   June 19, 2002;   matters that relate to the           recommendation
   107-2, H. Res.   establishment of a department of     to the House on
   449              homeland security as may be          a bill
  Terminated        referred to it by the Speaker and    establishing a
   after final      on recommendations submitted to it   department of
   disposition of   by standing committees to which      homeland
   specified bill   the Speaker referred a bill          security (see
   (Nov. 25,        establishing such department         H. Rept. 107-
   2002)                                                 609)
 
Homeland Security
  Established      Develop recommendations on such      To report its
   Jan. 7, 2003;    matters that relate to the           recommendations
   108-1, H. Res.   Homeland Security Act of 2002 as     to the House by
   5                may be referred to it by the         bill or
  Terminated Jan.   Speaker; to conduct oversight of     otherwise on
   3, 2005          laws, programs, and Government       matters
                    activities relating to homeland      referred to it
                    security; to conduct a study of      by the Speaker;
                    the operation and implementation     to report its
                    of the rules of the House,           recommendations
                    including rule X, with respect to    on changes to
                    homeland security                    House rules to
                                                         the Committee
                                                         on Rules
 
Hunger
  Established      International programs; world food   To conduct
   Feb. 22, 1984;   security; malnutrition; food         studies and
   98-2, H. Res.    production and distribution;         make
   15               agribusiness role                    recommendations
  Reestablished                                          about possible
   each Congress                                         legislation
   through 102-2;
   Reestablishmen
   t rejected
   Feb. 4, 1993;
   103-1, H. Res.
   18
 
Hurricane Katrina
  Established      The local, state, and Federal        To conduct an
   Sept. 15,        preparation for, and response to,    investigation
   2005; 109-1,     Hurricane Katrina                    and report its
   H. Res. 437                                           findings to the
  Terminated Mar.                                        House by Feb.
   16, 2006                                              15, 2006
 
Intelligence
  Established      Proposals concerning the             To report to the
   Feb. 19, 1975;   intelligence and intelligence-       House on the
   94-1, H. Res.    related programs and activities of   nature and
   138              the U.S. Government; oversight;      extent of
  Terminated Feb.   proposed legislation and other       intelligence
   11, 1976;        matters relating to the CIA          activities of
   became                                                U.S.
   permanent                                             departments and
   select                                                agencies by
   committee,                                            legislation or
   July 14, 1977,                                        otherwise (see
   H. Res. 658                                           H. Rept. 94-
   (clause 11 of                                         833)
   rule X; Manual
   Sec. 785)
 
Katyn Forest
 Massacre
  Established      The massacre of thousands of Polish  To report to the
   Sept. 18,        officers in the Katyn Forest in      House on
   1951; 82-1, H.   territory then under the control     completion of
   Res. 390         of the U.S.S.R.                      its hearings
  Terminated Dec.                                        (see H. Rept.
   22, 1952                                              82-2505); no
                                                         legislative
                                                         authority
 
Lobbying
 Activities
  Established      Lobbying activities intended to      To submit
   Aug. 12, 1949;   influence legislation; activities    reports on the
   81-1, H. Res.    of Federal agencies intended to      results of its
   298              influence legislation                study (see H.
  Terminated end                                         Rept. 81-3239);
   of the 81st                                           no legislative
   Cong.                                                 authority
 
Narcotics Abuse
 and Control
  Established      International traffic in narcotics;  To report to the
   July 29, 1976;   prevention; enforcement; organized   House on its
   94-2, H. Res.    crime; drug abuse; treatment;        investigations;
   1350             rehabilitation                       no legislative
  Reestablished                                          authority
   each Congress
   through 102-2
 
Newsprint
  Established      Need for adequate supplies of        To submit
   Feb. 26, 1947;   newsprint and related products;      reports with
   80-1, H. Res.    production possibilities and         recommendations
   58               prospects                            (see H. Rept.
  Terminated Dec.                                        80-2471); no
   31, 1948                                              legislative
                                                         authority
 
Offensive and
 Undesirable
 Literature
  Established May  The extent to which books,           To report to the
   12, 1952; 82-    magazines, and comic books contain   House with
   2, H. Res. 596   immoral, obscene, or otherwise       recommendations
  Terminated Dec.   offensive matter; availability       , including
   31, 1952         through the U.S. mails; adequacy     recommendations
                    of existing laws                     for legislation
                                                         (see H. Rept.
                                                         82-2510); no
                                                         legislative
                                                         authority
 
Outer Continental
 Shelf
  Established      A bill relating to the management    To report the
   Apr. 12, 1975;   of oil and natural gas in the        bill and other
   94-1, H. Res.    Outer Continental Shelf; marine      legislation
   412              and coastal environments; certain    referred to it;
  Terminated Jan.   related matters on this subject on   transmit its
   3, 1979;         referral to it by the Speaker        findings and
   succeeded by                                          make a full
   another select                                        report to the
   committee on                                          House (see H.
   the same                                              Rept. 96-1214)
   subject (96-1,
   H. Res. 53),
   which
   terminated
   July 31, 1980
 
Population
  Established      Causes of changing population        To report on the
   Sept. 28,        conditions; population               results of its
   1977; 95-1, H.   characteristics relative to          investigation
   Res. 70          limited resources; population        (see H. Rept.
  Terminated end    planning; global population-         95-1842); no
   of the 95th      related issues                       legislative
   Cong.                                                 authority
 
Professional
 Sports
  Established May  Need for legislation with respect    To report to the
   18, 1976; 94-    to professional sports               House on the
   2, H. Res.                                            results of its
   1186                                                  inquiry (see H.
  Terminated Jan.                                        Rept. 94-1786);
   3, 1977                                               no legislative
                                                         authority
 
Right of Member
 To Be Sworn In
  Established      The right of Adam Clayton Powell     To report to the
   Jan. 10, 1967;   (N.Y.) to be sworn in in the 90th    House within
   90-1, H. Res.    Congress and to a seat therein       five weeks (see
   1                                                     H. Rept. 90-
  Terminated Feb.                                        27); no
   23, 1967                                              legislative
                                                         authority
 
Small Business
  Established      Assistance to small business; small  Reported to the
   Dec. 4, 1941;    business protection; financial       House on
   77-1, H. Res.    aid; small business participation    results of its
   294              in Federal procurement               investigations;
  Reestablished                                          no legislative
   each Congress                                         authority
   until 1970;                                           before becoming
   became a                                              a standing
   standing                                              committee
   committee
   1975; 94-1, H.
   Res. 988;
   clause 1 of
   rule X; Manual
   Sec. 736
 
Survivors'
 Benefits
  Established      Benefits provided under Federal law  To prepare such
   Aug. 4, 1954;    for dependents of deceased members   legislation; to
   83-2, H. Res.    and former members of the armed      report on the
   549              forces                               results of its
  Terminated Jan.                                        investigation
   15, 1956                                              (see H. Rept.
                                                         83-9282)
 
Tax-exempt
 Foundations and
 Organizations
  Established      Educational and philanthropic        To report to the
   Apr. 4, 1952;    foundations and related              House on the
   82-2, H. Res.    organizations exempt from Federal    results of its
   561              income taxation; use of              investigation
  Terminated Dec.   foundations                          (see H. Rept.
   16, 1954                                              82-2681); no
                                                         legislative
                                                         authority
 
Transactions on
 Commodity
 Exchanges
  Established      Purchases and sales of commodities;  To report to the
   Dec. 18, 1947;   commodities for future delivery;     House on
   80-1, H. Res.    activities of Federal agencies and   completion of
   404              individuals therein as affecting     its
  Terminated Dec.   the price of commodities             investigation
   31, 1948                                              (see H. Rept.
                                                         80-2472); no
                                                         legislative
                                                         authority
 
U.S. Military
 Involvement in
 Southeast Asia
  Established      All aspects of U.S. military         To report on its
   June 8, 1970;    involvement in Southeast Asia        investigation
   91-2, H. Res.                                         (see H. Rept.
   976                                                   91-1276); no
  Terminated July                                        legislative
   6, 1970                                               authority
 
U.S. National
 Security and
 Military/
 Commercial
 Concerns with
 China
  Established      Investigate technology transfers to  To report on its
   June 18, 1998;   China; successor select committee    investigation
   105-2, H. Res.   assigned to produce unclassified     (see H. Rept.
   463;             version of report filed by           105-851)
   reestablished    predecessor committee                (declassified,
   Jan. 6, 1999,                                         in part,
   106-1, H. Res.                                        pursuant to H.
   5; extended                                           Res. 5 (106-
   Mar. 24, Apr.                                         1)); no
   29, May 13,                                           legislative
   1999, 106-1,                                          authority
   H. Res. 129,
   H. Res. 153,
   H. Res. 170
   (respectively)
  Terminated May
   31, 1999
 
U.S. Servicemen
 Missing in
 Action in
 Southeast Asia
  Established      U.S. servicemen identified as        To report to the
   Sept. 11,        missing in action; recovery of       House on its
   1975; 94-1, H.   bodies of known dead;                investigation
   Res. 335         international inspection teams       (see H. Rept.
  Terminated Mar.                                        94-1764); no
   13, 1977                                              legislative
                                                         authority
 
Voting
 Irregularities
 of Aug. 2, 2007
  Established      The circumstances surrounding a      To conduct an
   Aug. 3, 2007;    vote on Aug. 2, 2007                 investigation
   110-1, H. Res.                                        and produce an
   611 (funding                                          interim report
   provided by H.                                        by Sept. 30,
   Res. 723)                                             2007, and a
  Terminated Jan.                                        final report by
   3, 2009                                               Sept. 15, 2008
 
White County
 Bridge
 Commission
  Established May  Financial position of the White      To report to the
   25, 1955; 84-    County Bridge Commission; monies     House with
   1, H. Res. 244   received and expenditures made;      recommendations
  Terminated Apr.   anticipated toll-free use            (see H. Rept.
   25, 1956                                              84-2052); no
                                                         legislative
                                                         authority
 
World War II
 Veterans
  Established      Abuses in education, training and    To report on the
   Aug. 28, 1950;   loan guarantee programs of World     results of its
   81-2, H. Res.    War II veterans                      investigation
   474                                                   (see H. Rept.
  Terminated Feb.                                        2501); no
   2, 1951                                               legislative
                                                         authority
------------------------------------------------------------------------

  Sec. 14 . Joint Committees

                                 Generally

      Joint committees are composed of Members from both Houses. 
  Jefferson noted that joint committees were used by the two Houses of 
  the English Parliament. Manual Sec. 325. Since the First Congress, a 
  joint committee has been used to make arrangements for the 
  inauguration of the President and Vice President. Manual Sec. 1112; 3 
  Hinds Sec. 1986. The early congresses formed joint standing committees 
  on the Library and Printing, which exist to this day. Manual 
  Sec. Sec. 1110, 1111; 4 Hinds Sec. Sec. 4337, 4347. For a current list 
  of joint committees, see Manual Sec. Sec. 1108-1112.
      Joint committees, or committees of the House and Senate acting 
  jointly, have been used to investigate problems relating to 
  immigration (4 Hinds Sec. 4415), to resolve a dispute relating to the 
  electoral count (3 Hinds Sec. 1953), and to investigate the revision 
  and codification of the laws (4 Hinds Sec. 4410).

                    Jurisdiction, Functions, and Duties

      Joint committees are used for study and investigation, supervision 
  and oversight, and sometimes for purely ceremonial activities. Joint 
  committees generally function in areas beyond the jurisdiction of any 
  particular committee of either House. Deschler Ch 17 Sec. 7. Joint 
  committees may report to both Houses if so directed (4 Hinds 
  Sec. Sec. 4421, 4422), or to either House (4 Hinds Sec. 4432; 7 Cannon 
  Sec. 2167).
      A joint committee created by concurrent resolution may be 
  instructed by the two Houses acting concurrently or, if so authorized, 
  by either House acting independently. 4 Hinds Sec. 4421. However, a 
  joint committee created by statute is not susceptible to control by 
  one House; and its duties may not be enlarged or diminished by either 
  House acting independently. 7 Cannon Sec. 2164. A joint committee 
  created by concurrent resolution must be reestablished by a subsequent 
  Congress.

                            Composition; Voting

      Recent joint committees have featured an equal number of Members 
  from both Houses, with the chair alternating between the House and 
  Senate, and with each member having one vote. Deschler Ch 17 Sec. 7.
      The table below shows the major joint committees that were 
  established during the post-1946 era, their composition, and their 
  jurisdiction and functions:
        

                            Joint Committees
------------------------------------------------------------------------
            Committees                   Jurisdiction and Functions
------------------------------------------------------------------------
Atomic Energy                      Development, use, and control of
  Established 1946; 42 USC Sec.     atomic energy; to report legislation
 2251                               and make recommendations within its
  House members: 9                  jurisdiction; legislative
  Senate members: 9                 jurisdiction abolished 1977; 95-1,
  Terminated Jan. 4, 1977           H. Res. 5
 
Congressional Operations           Identification of court proceedings
  Established 1970; 2 USC Sec.      affecting Congress; organization and
 Sec. 411-417                       operation of the Congress;
  House members: 5                  supervision of the Office of
  Senate members: 5                 Placement and Management; no
  Inactive since 94th Cong.;        legislative jurisdiction
 Select Committee on
 Congressional Operations
 created, 95-1, H. Res. 420
 
Defense Production                 Review of programs established by the
  Established 1950; 50 USC App      Defense Production Act of 1950;
 Sec. 2161                          Federal emergency preparedness and
  House members: 5                  mobilization policy; integrity of
  Senate members: 5                 defense contracts and the
  Terminated Mar. 1, 1992; no       procurement process; to report to
 appointments after Sept. 30,       the House and Senate on its studies,
 1978                               with recommendations
 
Deficit Reduction                  Report recommendations to Congress to
  Established 2011; Pub. L. No.     reduce the deficit by at least $1.5
 112-25                             trillion over the period of fiscal
  House members: 6                  years 2012 to 2021
  Senate members: 6
  Terminated Jan. 31, 2012
 
Economic                           Economic Report by the President;
  Established 1946; 15 USC Sec.     means of promoting national policy
 1021                               on employment; short-term and medium-
  House members: 10                 term economic goals; to report to
  Senate members: 10                the House and Senate (by March 1)
  (Manual Sec. 1108)                and to each Budget Committee (by
                                    March 15)
 
Housing                            Housing needs in U.S.; building
  Established 1947; H. Con. Res.    material shortages; building costs;
 104                                building codes and zoning laws;
  House members: 7                  housing loans and insurance;
  Senate members: 7                 veterans' preferences; findings to
  Terminated 80th Cong.             be reported to the House and Senate
 
Inaugural Ceremonies               The necessary arrangements for the
  Established 1789; reestablished   inauguration of the President-elect
 every other Congress by            and the Vice President-elect
 concurrent resolution
  House members: 3
  Senate members: 3
 
Library                            Management and expansion of the
  Established 1806; 2 USC Sec.      Library of Congress; rules and
 132b                               regulations for the government of
  House members: 5                  the Library; development of Botanic
  Senate members: 5                 Garden; gifts for the benefit of the
  (Manual Sec. 1110)                Library; statues and other works of
                                    art in the Capitol
 
Organization of Congress           Organization and operation of
  Two separate joint committees     Congress; relationship between the
  Established 1965; S. Con. Res.    two Houses and between the Congress
 2                                  and other branches of government;
  Terminated Dec. 31, 1967          committees; to report to the House
  Established 1992; H. Con. Res.    and Senate
 192; (Reestablished Pub. L. No.
 102-392)
  Terminated Dec. 31, 1993
  House members: 12
  Senate members: 12
 
Printing                           Inefficiencies or waste in the
  Established 1846; 44 USC Sec.     printing, binding, and distribution
 901                                of government publications;
  House members: 5                  arrangement and style of the
  Senate members: 5                 Congressional Record; printing of
  (Manual Sec. 1111)                the legislative program for each
                                    day; listing of committee meetings
                                    and hearings
 
Taxation                           Operation and effects of Federal
  Established 1926; 26 USC Sec.     system of internal revenue taxation;
 8002                               to report to the Committee on Ways
  House members: 5                  and Means, and, in its discretion,
  Senate members: 5                 directly to the House
  (Manual Sec. 1109)
 
Washington Metropolitan Problems   Growth and expansion of the District
  Established 1957; H. Con. Res.    of Columbia and its metropolitan
 172                                area; effectiveness of agencies and
  House members: 3                  instrumentalities concerned
  Senate members: 3                 therewith; to report to the House
  Terminated 86th Cong.             and Senate
------------------------------------------------------------------------

                        D. Procedure in Committees


  Sec. 15 . Committee Rules; Applicable House Rules

                                 Generally

      House committees are required to follow the procedures prescribed 
  by the rules of the House ``so far as applicable.'' Clause 1(a) of 
  rule XI; Manual Sec. 787. They are also bound by those provisions of 
  Jefferson's Manual that are consistent with the rules of the House. 
  Manual Sec. Sec. 792, 1105. Finally, they are bound by their written 
  rules which are adopted by each standing committee under clause 2(a) 
  of rule XI. Manual Sec. 791. Committee rules must be published in the 
  Congressional Record and made publicly available in electronic form 
  within 30 days after the chair of the committee is elected and are 
  compiled by the Committee on Rules each Congress as a committee print. 
  Manual Sec. 791. If a committee meets pursuant to a rule which has not 
  been published, the proceedings may be held insufficient to support a 
  perjury conviction for alleged false testimony given to that 
  committee. United States v. Reinecke, 524 F.2d 435 (D.C. Cir. 1975).
      Clause 1(a)(2) of rule XI states that each subcommittee of a 
  committee is a part of that committee and subject to its authority, 
  direction, and rules. However, clause 2 of rule XI grants certain 
  authorities specifically to subcommittees, such as authorizing and 
  issuing subpoenas. See, e.g., clause 2(m) of rule XI.

                              Points of Order

      A point of order does not ordinarily lie in the House against 
  consideration of a bill by reason of defective committee procedures 
  occurring before the time the bill is ordered reported to the House. 
  Manual Sec. 792. Thus, a point of order that a measure was ordered 
  reported in violation of a committee rule requiring advance notice of 
  the committee meeting will not lie in the House--the interpretation of 
  committee rules being within the cognizance of the committee and not 
  the House. Manual Sec. 791.
      On the other hand, if a committee procedure directly violates a 
  rule of the House, or if a rule specifically permits, a point of order 
  may be raised in the House, which may result in the recommittal of the 
  bill. Manual Sec. Sec. 792, 799. For example, a point of order against 
  a measure on the ground that the hearings on such measure were not 
  properly conducted as required by the rules may be raised in the House 
  by a committee member if the point of order was timely made and 
  improperly overruled or not properly considered in committee. Clause 
  2(g)(6) of rule XI.
      A deficiency in a committee report may be the subject of a point 
  of order in the House. Manual Sec. Sec. 837-849. A committee report 
  that erroneously reflects the information required under clause 3 of 
  rule XIII--for example, that committee reports reflect the total 
  number of votes cast for and against any public measure or matter and 
  any amendment thereto and the names of those voting for and against--
  may be subject to a point of order. Manual Sec. 839. This error may be 
  corrected by a supplemental report that need not be separately 
  available for three days. Manual Sec. 838.


  Sec. 16 . Records, Files, and Transcripts; Disclosure and Disposition; 
            Member Access

                         Generally; Voting Records

      Each committee must keep a complete record of all committee 
  action. Manual Sec. 794. All committee records and files must be kept 
  separate from the office records of the member serving as chair. 
  Manual Sec. 796. A meeting or hearing transcript (if made) must 
  include, under clause 2(e)(1) of rule XI, a substantially verbatim 
  account of remarks actually made.
      The record of committee action must include the votes on any 
  question on which a roll call vote is demanded, and the result of each 
  such vote must be made available by the committee for inspection by 
  the public and made publicly available in electronic form. Manual 
  Sec. 795. In addition, committee reports must include all record votes 
  on motions to report and on any amendments. Manual Sec. 839. The text 
  of any amendment adopted in committee must be made publicly available 
  in electronic form no later than 24 hours after adoption. Manual 
  Sec. 796.

                   Members' Right of Access; Disclosure

      Under clause 2(e) of rule XI, the records and files of a committee 
  are considered the property of the House and accessible to all Members 
  of the House. Committees may prescribe regulations to govern the 
  manner of access, such as limiting examination of files to committee 
  rooms or prohibiting the making of photocopies. Manual Sec. 796; 85-1, 
  Aug. 14, 1957, p 14737. However, clause 2(e) of rule XI includes an 
  exception to the Member-access requirement for certain records of the 
  Committee on Ethics and clauses 11(c) and 11(g) of rule X include 
  exceptions for the Permanent Select Committee on Intelligence. On one 
  occasion the House restricted access to executive session material of 
  a committee, notwithstanding clause 2(e) of rule XI, to members of the 
  committee and to such employees of the committee as were designated by 
  the chair after consultation with the ranking minority member. 105-2, 
  H. Res. 525, Sept. 11, 1998, pp 20020, 20021.
      Clause 2(e) does not entitle a Member to bring committee materials 
  into the well of the House and does not necessarily apply to records 
  within the possession of the executive branch that members of the 
  committee have been allowed to examine under limited conditions at the 
  discretion of the agency. 96-2, July 31, 1980, p 20765.

             Use of Information Obtained in Executive Session

      Testimony or evidence taken in an executive session of a committee 
  is under the control of and subject to the regulation of the committee 
  and, under clause 2(k) of rule XI, cannot be released or made public 
  without the consent of the committee. Thus, although a Member's right 
  of access under clause 2(e) of rule XI may allow examination of 
  executive session materials in committee rooms, it does not permit 
  copying or taking of personal notes from such materials, keeping such 
  notes in personal office files, or releasing such materials to the 
  public without the consent of the committee or subcommittee. Manual 
  Sec. 796. Evidence or testimony taken in executive session of a 
  committee may later be made public by vote of the committee. Deschler 
  Ch 17 Sec. 22.2. A committee may take such action even with respect to 
  evidence or testimony taken in executive session under clause 2(k)(5) 
  of rule XI that tends to degrade, defame, or incriminate. Deschler Ch 
  17 Sec. 22.3. A committee may also take such action with respect to 
  threshold discussions held in executive session under clause 
  2(g)(2)(B) of rule XI to explore whether evidence or testimony should 
  be received in executive session.
      Clause 2(k)(7) of rule XI, which requires a majority of the 
  committee to constitute a quorum for closing a meeting or hearing, 
  also requires a full quorum to release or make public evidence or 
  testimony received in executive session. The chair has no unilateral 
  authority to release such material. Under clause 2(k)(7), executive 
  session material may be released only when authorized by the 
  committee, a majority being present. Manual Sec. 803.
      Clauses 11(c) and 11(g) of rule XI 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 such information to Members of the House except in a 
  secret session. Clause 3(b)(6) of rule XI prohibits the public 
  disclosure of complaints or information received by the Committee on 
  Ethics except as specifically authorized by that committee in each 
  instance.
      Under clause 3(b) of rule VIII, minutes or transcripts of 
  executive sessions, or evidence received during such sessions, may not 
  be disclosed or copied in response to a subpoena. A subpoena duces 
  tecum requesting production of executive session records of a 
  committee from a prior Congress may be laid before the House pending a 
  determination as to its propriety. 97-1, Apr. 28, 1981, p 7603.

                     Disposition of Committee Records

      The House may adopt a resolution providing for the disposition of 
  the records and files of a select or other committee. On one occasion, 
  the House required that the files of a select committee be held intact 
  and turned over to a newly created committee with similar 
  jurisdiction. Deschler Ch 17 Sec. 19.3. On another occasion, the House 
  gave a select committee the authority to dispose of its records 
  consistent with the rules and laws concerning classified information. 
  106-1, sec. 2(f)(3), H. Res. 5, Jan. 6, 1999, p 76. Pursuant to that 
  authority the select committee transferred its records to the Clerk 
  and instructed the Clerk to grant access to those records only with 
  the approval of the chair and ranking minority member of the former 
  select committee (so long as each remains a Member) and, thereafter, 
  with the approval of the Permanent Select Committee on Intelligence. 
  In the absence of specific disposition by the House, clause 1 of rule 
  VII requires the chair of each committee to deliver to the Clerk all 
  noncurrent records of the committee. Manual Sec. 695. Clause 3 of rule 
  VII outlines the procedures for the public release of noncurrent 
  records.

               Reference in Debate to Transcripts or Minutes

      Under early decisions of the House, it was not in order in debate 
  to refer to the proceedings of a committee except as had been formally 
  reported to the House. 5 Hinds Sec. Sec. 5080-5083; 8 Cannon 
  Sec. Sec. 2485-2493; Deschler Ch 17 Sec. Sec. 20.1, 20.2. The 
  rationale for the early decisions was to protect the confidentiality 
  and independence of committee proceedings and to permit flexibility 
  and compromise in committee deliberations. 8 Cannon Sec. 2491. Today, 
  however, the rules require that committee meetings be open to the 
  public unless properly closed by vote of the committee. Committee 
  proceedings are widely available by various electronic means. These 
  considerations mitigate against the application of the rule of 
  nondisclosure to meetings and hearings which are open to the public. 
  Manual Sec. 360; Deschler Ch 17 Sec. 20.1. On the other hand, it is 
  clear that the rule protecting committee proceedings from disclosure 
  in House debate is applicable to executive session proceedings. 8 
  Cannon Sec. 2493; Deschler Ch 17 Sec. 20. Thus, it has been held not 
  in order in debate in the House to refer to or quote from the minutes 
  of an executive session of a committee, unless the committee has voted 
  to make such proceedings public. Manual Sec. 319. The precedents 
  clearly prevent reference in debate to committee actions which impugn 
  the motives of committee members, whether or not by name. Deschler-
  Brown Ch 29 Sec. 54.3.


  Sec. 17 . Meetings

               Regular Meetings; Calling Additional Meetings

      Standing committees must fix regular meeting days. Manual 
  Sec. 793. These meeting days may be on a weekly, biweekly, or monthly 
  basis but must be at least once a month (and the meetings take place 
  only if proper notice is given). Clause 2(b) of rule XI; Manual 
  Sec. 407. Additional meetings may be called by the chair as deemed 
  necessary, and a mechanism exists that allows a majority of the 
  committee to require that a special meeting be held to consider a 
  particular measure or matter. Manual Sec. 793. Pursuant to clause 2(g) 
  of rule XI, a committee meeting may not commence until the third day 
  on which members have notice thereof, and text of the legislation to 
  be marked up must be available to members in electronic form 24 hours 
  prior to the commencement of the meeting. Where a committee has a 
  fixed date to meet (and proper notice has been given), a quorum of the 
  committee may convene on that date without call of the chair and 
  transact business regardless of the chair's absence. Clause 2(d) of 
  rule XI; 8 Cannon Sec. 2214. In the absence of the chair or vice chair 
  designated by the chair, the ranking majority member who is present 
  presides at the meeting. Clause 2(d) of rule XI.


  Sec. 18 . --Consideration and Debate; Voting

                        Generally; Motion Practice

      Committees generally conduct their business under the five-minute 
  rule and may employ the ordinary motions and procedures which are in 
  order in the House under clause 4 of rule XVI, as well as those 
  procedures which are in order in the House as in the Committee of the 
  Whole. Manual Sec. Sec. 424, 427, 792, 911. These include:

     The reading for amendment by section as in the Committee of 
         the Whole and the reading of the measure and amendments thereto 
         in full. Manual Sec. 792.
     Dispensing with the first reading (in full) of a bill or 
         resolution if printed copies are available. Clause 
         1(a)(2)(A)(ii) of rule XI.
     Limiting the time for debate and the motion to limit debate 
         under the five-minute rule. Manual Sec. 792; 4 Hinds Sec. 4573.
     The motion for the previous question. Manual Sec. 994.
     Voting by the yeas and nays. 4 Hinds Sec. 4572.
     The motion to refer. Manual Sec. 916.
     The motion to lay on the table, but tabling an amendment also 
         carries the bill to the table. 3 Hinds Sec. 1737; 4 Hinds 
         Sec. 4568.
     The motion to reconsider. 4 Hinds Sec. Sec. 4570, 4571.
     The taking of an appeal from a decision of the Chair. 4 Hinds 
         Sec. 4569.
     The motion to recess from day to day or subject to the call of 
         the Chair (within 24 hours). Manual Sec. 787.

      A proposed investigative or oversight report shall be considered 
  as read in committee if it has been available to the members for at 
  least 24 hours (excluding Saturdays, Sundays, or legal holidays except 
  when the House is in session on such a day). Clause 1(b)(2) of rule 
  XI.

                               Proxy Voting

      Proxy voting in committees, once permitted under certain 
  conditions, was banned beginning in the 104th Congress under clause 
  2(f) of rule XI. Manual Sec. 797.

                              Postponed Votes

      In the 108th Congress, clause 2(h) of rule XI was amended to 
  permit each committee to adopt a rule authorizing the chair of a 
  committee or subcommittee to postpone a record vote on the question of 
  approving a measure or matter or on adopting an amendment. Proceedings 
  may be resumed on a postponed question at any time after reasonable 
  notice. A committee rule permitting such postponed votes must provide 
  that when proceedings resume on a postponed question, notwithstanding 
  any intervening order for the previous question, the underlying 
  proposition must remain subject to further debate or amendment to the 
  same extent as when the question was postponed.


  Sec. 19 . Hearings

                        Generally; Uses of Hearings

      The three most common uses of hearings held by the committees of 
  the House are: (1) to consider the enactment of a measure into law and 
  to provide a forum where information and opinions on the measure can 
  be presented; (2) to inform the House as to activities that may call 
  for legislation; and (3) to invoke the investigative powers of the 
  House as overseer of Federal programs and operations.

                         Announcement of Hearings

      A chair must announce a hearing at least one week in advance, 
  although the chair and ranking minority member acting jointly, or the 
  committee by majority vote with a business quorum present, may 
  determine that there is good cause to begin the hearing sooner. In 
  such a case the chair must make the announcement at the earliest 
  possible date. The announcement must be published in the Daily Digest 
  and made publicly available in electronic form. Manual Sec. 798. The 
  Committee on Rules is exempted from this requirement.


  Sec. 20 . Hearings and Meetings as Open or Closed

                                 Generally

      All committee or subcommittee meetings and hearings must be open 
  to the public, including the media, unless the committee, in open 
  session with a majority present, votes to close all or part of the 
  remainder of the meeting or hearing on that day for one of the 
  permissible reasons stated in the rule. Clause 2(g) of rule XI; see 
  also clause 2(k)(5) of rule XI. Permissible reasons include national 
  security, the compromise of sensitive law enforcement information, 
  violation of a law or rule of the House, or a situation where 
  testimony might incriminate, defame, or degrade a person.
      Only members of the committee and such noncommittee Members, 
  staff, and departmental representatives as the committee may authorize 
  may be present at a meeting held in executive session. Clause 2(g)(1) 
  of rule XI. A committee or subcommittee may not exclude noncommittee 
  Members from nonparticipatory attendance at a hearing unless so 
  authorized by the House. Clause 2(g)(2) of rule XI.
      A motion to close a committee meeting or hearing, like the motion 
  for a secret session in the House, is not debatable. Under clause 
  2(g)(2)(D) of rule XI, all committees may vote to close a hearing for 
  one additional day. The Committees on Appropriations, Armed Services, 
  and Homeland Security, and the Permanent Select Committee on 
  Intelligence, may close a hearing for up to five additional, 
  consecutive days. Manual Sec. 798.

     Evidence or Testimony Tending to Defame, Degrade, or Incriminate

      Clause 2(k)(5) of rule XI requires certain procedural steps 
  whenever a member of the committee asserts that evidence or testimony 
  before a committee hearing may tend to defame, degrade, or incriminate 
  any person. Witnesses also may make such assertions with respect to 
  themselves. Manual Sec. Sec. 798, 803. A majority of those present may 
  vote to (1) receive the evidence or testimony in executive session 
  under clause 2(k)(5) or (2) go into executive session under clause 
  2(g)(2)(B) of rule XI to hold threshold discussions to explore whether 
  the evidence or testimony may tend to defame, degrade, or incriminate. 
  To continue the hearing in open session, a majority quorum of the 
  committee or subcommittee must be present to entertain a motion that 
  the evidence or testimony is in fact not defamatory, incriminating, or 
  degrading and the committee should proceed in open session. Such a 
  motion requires a majority for adoption. An opportunity to appear 
  voluntarily must be afforded to the witness in either case. Manual 
  Sec. 803.
      A point of order may be raised against a privileged report of a 
  committee relating to the contemptuous refusal of a witness to testify 
  on the ground that the committee had violated clause 2(k)(5) of rule 
  XI. Deschler Ch 15 Sec. 15. If a witness appears in response to a 
  subpoena and, when called, properly asserts grounds for an executive 
  session, the committee must determine whether the testimony will tend 
  to defame, degrade, or incriminate, even though the witness may have 
  ignored a previous opportunity to appear voluntarily to testify. 
  However, the proper assertion must be made by the witness to the 
  committee. If the witness leaves the hearing room without making any 
  statement other than a refusal to testify, the committee is not 
  obligated to go into executive session, because the proceedings have 
  not reached the point where the witness has demanded that the 
  committee determine whether the testimony would tend to degrade, 
  defame, or incriminate. The determination that evidence or testimony 
  may tend to degrade, defame, or incriminate lies with the committee 
  and not with the witness. Deschler Ch 15 Sec. 15.


  Sec. 21 . Quorum Requirements

                                 Generally

      Historically, a majority of a committee constituted a quorum for 
  the transaction of business. Manual Sec. 409; 4 Hinds Sec. Sec. 4540, 
  4552. Under current clause 2(h) of rule XI, committees may fix the 
  quorum required for the taking of testimony at a hearing to not less 
  than two and (except for Appropriations, Budget, and Ways and Means) 
  may fix the quorum for the conduct of business, other than actions for 
  which a majority of the committee is required, at not less than one-
  third.
      Minimum quorum requirements for committees and subcommittees of 
  the House are as follows:
        

------------------------------------------------------------------------
         Action               Minimum Quorum        Clause 2 of Rule XI
------------------------------------------------------------------------
  To report a measure    A majority of the              (h)(1)
   or recommendation      committee, ``actually         Manual Sec. 799
                          present''
 
  To report contempt     A majority of the              (h)(1)
                          committee                     Manual Sec. 799
 
  To authorize and       A majority of the              (m)(2)
   issue a subpoena       committee                     Manual Sec. 805
 
  To close a meeting or  A majority of the              (g)(1), (2)
   hearing                committee                     Manual Sec. 798
 
  To make public         A majority of the              (k)(7)
   evidence taken in      committee                     Manual Sec. 803
   executive session
 
  To immunize a witness  Two-thirds of the              18 USC Sec. 6005
                          committee
 
  To take evidence or    A majority of the              (k)(5)
   testimony in open      committee                     Manual Sec. 803
   session after
   assertion that it
   defames, degrades or
   incriminates
 
  To take testimony or   Two members                    (h)(2)
   receive evidence at                                  Manual Sec. 800
   hearing
 
  To close a hearing     Two members                    (k)(5)
   where assertion of                                   Manual Sec. 803
   defamatory testimony
   or evidence is made
 
  To take any other      One-third of membership        (h)(3)
   action                                               Manual Sec. 800
------------------------------------------------------------------------

  Sec. 22 . --In Ordering a Report to the House

                                 Generally

      A standing committee cannot validly report a measure unless the 
  report has been authorized at a formal meeting of the committee with a 
  quorum present. Clause 2(h) of rule XI; Manual Sec. 799; 8 Cannon 
  Sec. Sec. 2220-2222; Deschler Ch 17 Sec. 23.2.
      A point of order of no quorum may provoke a quorum call to obtain 
  the presence of a majority of the committee in the committee room. 
  Manual Sec. 799.

                          Contemporaneous Meeting

      The report is not valid unless authorized with a quorum of the 
  committee actually present at the time the vote is taken. Manual 
  Sec. 799. This rule is derived from Jefferson's Manual, which states 
  that a committee may act only when together--``nothing being the 
  report of the committee but what has been agreed to in committee 
  actually assembled.'' Manual Sec. 407. This requirement means that a 
  majority must be contemporaneously assembled when the question is put 
  or at some point while the vote is taken.
      Although Speakers have indicated that committee members may come 
  and go during the course of the vote if the roll call indicates that a 
  quorum was present, where it is admitted that a quorum was not in the 
  room at any time during the vote and the committee transcript does not 
  show a quorum acting as a quorum, the Chair will sustain the point of 
  order against the measure when called up in the House. 8 Cannon 
  Sec. Sec. 2212, 2222. A poll of committee members by telephone will 
  not suffice. Deschler Ch 17 Sec. 23.2.

                        Obsolete ``Rolling Quorum''

      In the 103d Congress the rules were amended to permit a ``rolling 
  quorum'' by allowing a majority to be deemed present if the committee 
  records showed that a majority responded on a roll call vote on the 
  motion to report in question. 103-1, H. Res. 5, Jan. 5, 1993, p 49. 
  This language was deleted in the 104th Congress, thus restoring the 
  previous requirement that a ``majority of the committee be actually 
  present'' at the time a measure is ordered reported. The committee 
  quorum rule, absent the old ``rolling quorum'' latitude, means a 
  committee cannot simply leave a vote open until a sufficient number of 
  Members have responded to their names.


  Sec. 23 . --Points of Order Based on Reporting Requirements

                                 Generally

      Unless a point of order is raised, the House assumes that reports 
  from committees are authorized with a quorum present. Deschler Ch 17 
  Sec. 23. Quorum issues raised by a point of order are often determined 
  on the basis of information in the report or supplied by the chair of 
  the committee in question, and the Speaker may question the chair as 
  to the circumstances of the meeting and the number of committee 
  members present at that meeting. Manual Sec. 799; Deschler Ch 17 
  Sec. 23.5. Where the chair admits that the bill was reported when a 
  quorum was not present, the point of order against the bill on that 
  ground will be sustained. Deschler Ch 17 Sec. 25.2. If the point of 
  order is sustained, the bill is automatically recommitted. Deschler Ch 
  17 Sec. Sec. 23.2, 25.2.
      Where a bill is being considered under suspension of the rules, a 
  point of order will not lie against the bill on the ground that a 
  quorum was not present when the bill was reported from committee. 
  Deschler Ch 17 Sec. 24.8.

                                Timeliness

      A point of order that a bill was reported from a committee in the 
  absence of a quorum is properly raised in the House when the bill is 
  called up for consideration or pending the Speaker's declaration, or a 
  vote on a motion, that the House resolve itself into the Committee of 
  the Whole for the consideration of the bill. Deschler Ch 17 
  Sec. Sec. 24.2, 24.4; 101-1, May 16, 1989, p 9356. It has been ruled 
  that such a point of order comes too late if raised:

     After consideration of the bill has begun in the House. 8 
         Cannon Sec. 2223.
     After the House has resolved into the Committee of the Whole 
         for the consideration of the measure. Deschler Ch 17 Sec. 24.5.
     After debate on the measure has started in the House. Deschler 
         Ch 17 Sec. 24.6.
     After adoption of the measure. Deschler Ch 17 Sec. 24.7.

      The point of order is premature and will not be entertained:

     Where a resolution providing for the consideration of the bill 
         is before the House. Deschler Ch 17 Sec. 24.2.
     Pending a unanimous-consent request to consider the measure 
         otherwise not privileged for consideration. 90-2, Oct. 11, 
         1968, p 30751.

      Clause 2(g)(6)(B) of rule XI precludes a point of order against 
  consideration of a reported measure, on the ground that hearings on 
  such measure were conducted without a proper quorum, unless that point 
  was timely made and improperly disposed of in committee.


  Sec. 24 . Witnesses

                      Summoning Witnesses; Subpoenas

      Witnesses are summoned before a committee pursuant to authority 
  conferred on it by the House to send for persons or papers. 3 Hinds 
  Sec. 1750. Clause 2(m) of rule XI permits committees and subcommittees 
  to issue a subpoena when authorized by a majority of the members 
  voting, a majority being present. This authority does not extend to 
  other subunits of a committee such as ``task forces.'' Full-committee 
  chairs may authorize and issue subpoenas when that authority is 
  delegated by the full committee, either on an ad hoc basis or by 
  committee rule. Such subpoenas must be signed by the chair of the 
  committee or by a member designated by the committee. Subpoenas issued 
  to persons are returnable at the committee or subcommittee. A subpoena 
  duces tecum, one that commands the production of documents, may 
  specify terms of return other than at a meeting or a hearing. Clause 
  2(m)(3)(C) of rule XI.
      Clause 2(k)(5) of rule XI requires committees and subcommittees to 
  afford any person who may be defamed, degraded, or incriminated by 
  testimony or evidence the opportunity to voluntarily appear as a 
  witness. That clause and clause 2(k)(6) also require committees and 
  subcommittees to dispose of requests from such person, or requests 
  made by committee members during hearings, to subpoena additional 
  witnesses. Such interlocutory requests can cover the full range of 
  persons and papers for which subpoenas may be authorized under clause 
  2(m).
      Under clause 2(m) of rule XI, compliance with a committee subpoena 
  may be enforced only as authorized by the House. This clause has been 
  interpreted to require authorization by the full House before a 
  subcommittee chair may 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); see also Contempt. 
  Clause 2(m) does not authorize a committee to conduct a deposition or 
  interrogatory before one member or before staff of the committee. 
  Except in the case of the Committee on Oversight and Government Reform 
  under clause 4(c) of rule X, such authority must be conferred by 
  separate action of the House (such as a separate order contained in 
  the resolution adopting the standing rules). 115-1, Jan. 3, 2017, p__; 
  Manual Sec. Sec. 800, 805. In the 112th Congress, this rule was 
  amended to require that at least one member of the Committee on 
  Oversight and Government Reform be present at the deposition (unless 
  the deponent waived this requirement). Manual Sec. 749a. The House has 
  granted committees special deposition authority to be used for a 
  specified purpose. 111-2, H. Res. 1363, May 20, 2010, p 8758.

                        Interrogation of Witnesses

      Under clause 2(j)(2)(A) of rule XI, questioning of a witness 
  appearing before a committee proceeds under the five-minute rule. Each 
  member must be given an opportunity to question a witness for five 
  minutes. Where more than one witness testifies on a ``panel,'' each 
  member is permitted to question each witness in the panel for five 
  minutes. Clauses 2(j)(2)(B) and 2(j)(2)(C) enable committees to permit 
  extended examinations of witnesses for 30 additional minutes by 
  designated members, or by staff, of each party. The House has 
  permitted a select committee to expand the time for questioning 
  witnesses to ten minutes per member. 114-1, Jan. 6, 2015, p__.

                     Witnesses Called by the Minority

      Under clause 2(j)(1) of rule XI, whenever a hearing is conducted 
  by a committee on a measure or matter, the minority members on the 
  committee have the right to call witnesses of their own choosing to 
  testify on that measure or matter of a hearing for one day. Such a 
  request must be supported by a majority of the minority members and 
  submitted to the chair before completion of the hearing. The chair may 
  set the day under a reasonable schedule. Manual Sec. 802.

                                  Perjury

      It is a felony to give perjurious testimony before a congressional 
  committee. 18 USC Sec. 1621. It is a felony to make false, fictitious, 
  or fraudulent statements before any department or agency of the United 
  States, including congressional committees. 18 USC Sec. 1001. However, 
  the courts have ruled that the facts sought must be in aid of the 
  committee's legislative purpose. The committee may recall a witness 
  for additional testimony on a point already testified to, or question 
  such witness about a prior denial, or address questions which are not 
  clearly in aid of legislation, but a perjury indictment may not be 
  found on false testimony in response to questions which are not asked 
  for the purpose of eliciting facts material to the committee's 
  investigation. United States v. Cross, 170 F. Supp. 303 (D.D.C. 1959).
      A quorum of a committee must be present when testimony is given to 
  support a charge of perjury. Manual Sec. Sec. 343, 409, 803;  
  Christoffel v. United States, 338 U.S. 84 (1949). The absence of a 
  quorum of a committee at the time a witness willfully fails to produce 
  subpoenaed documents is not a valid defense in a prosecution for 
  contempt where the witness failed to raise that objection before the 
  committee. United States v. Bryan, 339 U.S. 323 (1950); United States 
  v. Fleischman, 339 U.S. 349 (1950).

                         Use of Written Statements

      Under clause 2(g)(5) of rule XI, committees are encouraged to 
  require each prospective witness to file a written statement of 
  proposed testimony in advance and limit oral presentation to a summary 
  thereof. The committees also must require, to the greatest extent 
  practicable, nongovernmental witnesses who submit written statements 
  to submit with such statement curriculum vitae and disclosures of 
  Federal grants or contracts and contracts or payments from foreign 
  governments received over the previous three years. Such disclosures 
  are limited to the subject matter of the hearing. Manual Sec. 798. 
  Under clause 2(k)(8) of rule XI witnesses are permitted, at the 
  discretion of the committee, to submit brief, sworn statements in 
  writing for inclusion in the committee record.

                           Subpoena Duces Tecum

      Under clause 2(m)(3)(B) of rule XI, a subpoena for documents may 
  specify terms of return other than at a meeting or hearing of the 
  committee or subcommittee authorizing the subpoena, such as at 
  committee offices.

                               Witness Fees

      Clause 5 of rule XI authorizes the Committee on House 
  Administration to establish the per diem and travel rates of 
  reimbursement of witnesses. Some committees, in their rules, prescribe 
  procedures for disbursing such fees, such as the signing of 
  appropriate vouchers.


  Sec. 25 . --Rights or Privileges of Witnesses

                     Generally; Under the Constitution

      Committee investigations must be conducted in accordance with the 
  Constitution, particularly the first, fourth, and fifth amendments. 
  Witnesses appearing at hearings cannot be compelled to give evidence 
  or testimony against themselves, cannot be subjected to unreasonable 
  search and seizure, and cannot have their first amendment freedoms of 
  speech, press, religion, or political belief and association abridged. 
  Watkins v. United States, 354 U.S. 178 (1957).

                 The Privilege Against Self-incrimination

      The privilege against self-incrimination may be invoked by a 
  person subpoenaed to testify or produce materials before a House 
  committee notwithstanding the fact that a congressional investigation 
  is not a ``criminal case'' in the conventional sense. 3 Hinds 
  Sec. Sec. 1699, 2514. The assertion of the privilege against self-
  incrimination need take no particular form, provided the committee can 
  reasonably be expected to understand it as an attempt to invoke the 
  privilege. Quinn v. United States, 349 U.S. 155 (1955). At the same 
  time, a witness may waive the privilege by failing to assert it, 
  expressly disclaiming it, or testifying on the same matters concerning 
  which the privilege is later claimed. Deschler Ch 15 Sec. 9. Thus, 
  after testifying to an incriminating fact, a witness may not refuse to 
  answer more questions on the same subject on the ground that such 
  answers would further incriminate. Rogers v. United States, 340 U.S. 
  367 (1951).
      In the 114th Congress, clause 2(g) of rule XI was amended to allow 
  witnesses to redact submitted statements regarding Federal grants and 
  foreign contracts in order to protect the privacy or security of the 
  witness. 114-1, Jan. 6, 2015, p__.

                            Immunity Procedures

      A witness who refuses to testify before a congressional committee 
  on the basis of the privilege against self-incrimination may be 
  granted immunity by court order and, under certain conditions, 
  compelled to testify or provide information to the committee. 18 USC 
  Sec. Sec. 6002, 6005. Under the statute, the request for the court 
  order must have been approved by two-thirds of the entire membership 
  of the committee. The statute has been upheld as constitutional. 
  Application of U.S. Senate Select Committee on Presidential Campaign 
  Activities, 361 F. Supp. 1270 (D.D.C. 1973); see also 6 Cannon 
  Sec. 354.

                       Under the Rules of the House

      A witness appearing at a hearing before a committee of the House 
  is entitled to certain rights or privileges under the rules of the 
  House. Clause 2(k) of rule XI; Manual Sec. 803. Under these rules, a 
  witness is entitled:

     To a copy of the committee rules (upon request).
     To be accompanied by counsel to advise on constitutional 
         rights.
     To seek a closed hearing if the evidence or testimony tends to 
         defame, degrade, or incriminate the witness or any other 
         person.
     To submit requests for committees to subpoena additional 
         witnesses.
     To submit brief and pertinent sworn statements in writing for 
         inclusion in the committee record (at discretion of committee).
     To a transcript of such witness's testimony if given in an 
         open hearing.

      Although the applicable rule permits witnesses to have counsel at 
  hearings to advise on constitutional rights, it is the witness, not 
  counsel, who has ultimate responsibility for protecting the witness's 
  rights and invoking the procedural safeguards guaranteed under the 
  rules of the House. The attorney for the witness may not, as a matter 
  of right, present argument or make demands on the committee. Deschler 
  Ch 15 Sec. 14.3.


  Sec. 26 . --Proceedings Against Recalcitrant Witnesses

      An individual who fails or refuses to comply with a House subpoena 
  may be cited for contempt of Congress. The Supreme Court has found the 
  subpoena power to be an ``indispensable ingredient'' of the 
  legislative powers granted to Congress by the Constitution. Eastland 
  v. United States Servicemen's Fund, 421 U.S. 491 (1975). Although the 
  Constitution does not expressly grant Congress the power to punish 
  witnesses for contempt, that power has been deemed an inherent 
  attribute of the legislative authority of Congress. See Anderson v. 
  Dunn, 19 U.S. 204 (1821). To supplement this inherent power, the 
  Congress in 1857 adopted an alternative statutory contempt procedure. 
  Under this statute, the House may certify to the appropriate U.S. 
  Attorney the witness's refusal to comply with a congressional 
  subpoena. House certification is effected by its adoption of a report 
  from the committee where the refusal took place. The contempt is 
  punishable by fine and imprisonment. 2 USC Sec. Sec. 192, 194. For 
  comprehensive discussion, see Contempt; Manual Sec. Sec. 293-299.


  Sec. 27 . Media Coverage of Hearings and Meetings

      Clause 4 of rule XI requires that open committee hearings and 
  meetings be open to audio, video, and photographic coverage by 
  accredited press representatives. Manual Sec. Sec. 807-812. The rule 
  also requires committees to adopt written rules to govern such 
  coverage within certain parameters set forth in the rule. Clause 
  2(e)(5) of rule XI provides that, to the maximum extent practicable, 
  committees shall provide audio and video coverage of each meeting or 
  hearing and make such coverage (and recordings thereof) easily 
  accessible to the public. Broadcasting of committee meetings and 
  hearings is intended for the information of the general public, and 
  recordings of such coverage are not to be used for partisan political 
  campaign purposes. 114-1, H. Res. 5, Jan. 6, 2015, p__.


                           E. Committee Reports


  Sec. 28 . In General

                Necessity of Report; Chair's Duty to Report

      Under clause 2 of rule XIII (first adopted in 1880), a bill 
  reported from a committee must be accompanied by a written report. 
  Manual Sec. 833. Reported bills that are not accompanied by a written 
  report are not placed on a calendar. 8 Cannon Sec. 2783.
      The report of a committee is in the nature of argument or 
  explanation. The report on a legislative measure does not itself come 
  before the House for amendment or other specific action. 4 Hinds 
  Sec. 4674; Deschler Ch 17 Sec. 58. The Speaker makes no determinations 
  as to the sufficiency of a report beyond specific requirements of 
  House rules. 2 Hinds Sec. 1339.
      It is the duty of each committee chair to ``promptly'' report 
  measures approved by the committee to the House. Clause 2(b)(1) of 
  rule XIII; Manual Sec. 834. Under this rule, if the report on such a 
  measure is not filed by the chair of the committee, a majority of its 
  members may file a written request for the filing of the report. 
  Within seven calendar days (exclusive of the days on which the House 
  is not in session) after the filing of the request, the committee 
  report is to be filed. Excepted from this rule are certain reports of 
  the Committee on Rules and reports on resolutions of inquiry. Manual 
  Sec. 835.

                    Committee Authorization or Approval

      When a committee concludes consideration of a bill, a motion to 
  order the measure reported is in order. 4 Hinds Sec. 4667. In this 
  respect, the House has adhered to the principle that the reporting of 
  a measure must be authorized by the committee acting together at a 
  formal meeting of the committee with a quorum present. Clause 2(h)(1) 
  of rule XI; Manual Sec. 407; 4 Hinds Sec. 4585; 8 Cannon 
  Sec. Sec. 2221, 2222, 2249.
      Objection being made that the text of a report does not reflect 
  the actions of a committee, the question as to the reception of the 
  report may be submitted to the House. 4 Hinds Sec. 4591. If a bill is 
  held to be improperly reported, the bill is not entitled to a place on 
  the calendar. 4 Hinds Sec. 3117. After the House has voted to consider 
  a bill or after consideration has begun in the House, it is too late 
  to raise the question of authorization or to question the validity of 
  the committee's action in reporting the bill. 4 Hinds Sec. Sec. 4598, 
  4599; 8 Cannon Sec. Sec. 2223, 2225.
      The rules of the House do not require that committees separately 
  approve legislative reports. Legislative reports are traditionally 
  composed after the vote to order the measure reported. A point of 
  order that a committee did not vote to approve a report as required by 
  the rules of the committee is properly made in committee and not in 
  the House. Deschler Ch 17 Sec. 58.5.

                                Recommittal

      The failure of a committee report to comply with the rules of the 
  House, such as the reporting requirements contained in rule XIII, may 
  result in automatic recommittal of the bill if a point of order is 
  sustained. See, e.g., 8 Cannon Sec. 2237. If the bill is recommitted 
  because of a defective report, further proceedings are de novo and all 
  committee formalities necessary to the first report are likewise 
  necessary to authorize a second report. 8 Cannon Sec. 2221.

                      Adverse or Unfavorable Reports

      A committee may report a bill adversely, even though the committee 
  originated the bill. Manual Sec. 832; 4 Hinds Sec. 4659. A committee 
  may also report a bill to the House with no recommendation for action. 
  4 Hinds Sec. Sec. 4661, 4662. If the committee is unable to agree on a 
  recommendation for action, it may submit a statement of this fact in 
  the report (4 Hinds Sec. 4665), in which case the report may include 
  minority views alone (2 Hinds Sec. 945) or simply set forth the 
  propositions representing the opposing contentions (3 Hinds Sec. 2497; 
  4 Hinds Sec. 4664). Motions to report favorably, unfavorably, or with 
  no recommendation have no priority over each other in committee and 
  are not in order as amendments to each other.

                  Multiple Reports; Supplemental Reports

      The report of a committee must be confined to a single volume, and 
  ordinarily only one report is filed on each bill. Sec. 29, infra. 
  Indeed, it has been held that two reports may not be filed from the 
  Committee on Rules to accompany the same rule or order of business. 
  Deschler Ch 17 Sec. 58.2.
      However, clause 3(a)(2) of rule XIII permits the filing of a 
  supplemental report to correct a technical error in a previous report, 
  and unanimous consent is not required. Deschler Ch 17 Sec. 64.1. This 
  authority has been used to correct a technical error in an earmark 
  statement contained in a report. 111-2, July 30, 2010, p 14834. The 
  authority to file a supplemental report to correct a technical error 
  in a previous report does not include the authority to file a 
  supplemental report (1) to correct the failure of a committee to 
  comply at all with the reporting requirements set forth in rule XIII 
  (such as the requirement to include a committee cost estimate); (2) to 
  change a statement of legislative intent contained in the initial 
  report (Deschler Ch 17 Sec. 64.1 (note)); (3) to include additional 
  views not timely submitted for inclusion with the report; or (4) to 
  outline substantive interpretations of a previously reported bill. In 
  those cases, unanimous consent is required for a committee to file a 
  supplemental report. In any case, a supplemental report is subject to 
  the three-day layover requirement under clause 4(a) of rule XIII 
  unless it only corrects errors in the depiction of record votes. 
  Clause 3(a)(2) of rule XIII.

             Reporting Bills with Amendments; ``Clean'' Bills

      A committee may report a bill with sundry amendments for the 
  consideration of the House. Where a bill has been extensively amended 
  in the committee, its members may instruct the chair to incorporate 
  the changes into an amendment in the nature of a substitute or to 
  introduce a ``clean'' bill, which reflects the committee's action. If 
  the latter course is chosen, the new bill must be introduced through 
  the hopper. In either case, the committee cannot vote to report until 
  it has the perfected text before it. Deschler Ch 17 Sec. 23.6.


  Sec. 29 . Form and Contents of Report

      Rule XIII governs the form and content of committee reports. 
  Clauses 2(a) and 3(a) of rule XIII, respectively, require that 
  committee reports be printed and confined to a single volume. Verbal 
  statements will not be received in the House as the report of a 
  committee. 4 Hinds Sec. Sec. 4654, 4655.
      Under rule XIII, a report on any measure or matter shall include:

     Minority, supplemental, additional, or dissenting views if 
         properly submitted. Clause 3(a).
     The total number of record votes cast in committee for or 
         against the reporting of the measure or matter and on any 
         amendment thereto, and the names of those voting for or 
         against. Clause 3(b).
     Oversight findings and recommendations required pursuant to 
         clause 2(b)(1) of rule X. Clause 3(c)(1).
     A statement of performance goals and objectives. Clause 
         3(c)(4).

      Under rule XIII, a report on any public bill or joint resolution 
  shall include:

     A statement describing fiscal ramifications of the measure as 
         required by section 308 of the Congressional Budget Act of 
         1974, if the measure provides new budget authority or new or 
         increased tax expenditures. Clause 3(c)(2).
     An estimate and comparison required under section 402 of the 
         Congressional Budget Act as to the costs anticipated in 
         carrying out the bill or joint resolution over specified 
         periods of time, if timely submitted. Clause 3(c)(3).
     A statement indicating whether any such program is known to be 
         duplicative of another program. Clause 3(c)(5).
     An estimate by the committee of the costs incurred in carrying 
         out the bill or joint resolution in the fiscal year it is 
         reported and in each of five following fiscal years (which may 
         be satisfied by including a section 402 estimate). Clause 
         3(d)(1).
     A comparative print indicating changes in existing law (the 
         Ramseyer Rule). Clause 3(e); Sec. 30, infra.

      Clause 3(f) of rule XIII requires a report of the Committee on 
  Appropriations on a general appropriation bill to include:

     A description of the effect of any provision of the 
         accompanying bill that changes the existing law.
     A list of unauthorized appropriations contained in the bill 
         with accompanying funding and status of law information.
     A list of rescissions and transfers.

      In addition, clause 3(f)(2)(A) requires an appropriation bill or 
  joint resolution to include separate headings for ``Rescissions'' and 
  ``Transfers of Unexpended Balances'' contained in the bill or joint 
  resolution.
      Clause 3(g) of rule XIII requires a report of the Committee on 
  Rules on a resolution proposing to repeal or amend a standing rule of 
  the House to include a ``Ramseyer'' comparison of the proposed text 
  with the existing rule. Sec. 30, infra.
      Clause 3(h) of rule XIII requires a report of the Committee on 
  Ways and Means on a measure proposing to amend the Internal Revenue 
  Code of 1986 to include (or to be printed in the Congressional Record 
  by the chair of the Committee on Ways and Means before consideration) 
  a ``tax complexity analysis'' prepared by the Joint Committee on 
  Taxation. This clause formerly required the inclusion of a 
  ``macroeconomic impact analysis'' as well, but this requirement was 
  repealed in the 114th Congress. Manual Sec. 849a. It was replaced by a 
  similar requirement regarding Congressional Budget Office estimates of 
  major legislation. Clause 8 of rule XIII; Manual Sec. 868a.
      Reports are also required to contain identification and cost-
  estimates of Federal mandates under the Unfunded Mandates Reform Act 
  of 1995 (Manual Sec. Sec. 843, 1127) and a description of the 
  applicability of the measure to the Legislative Branch under the 
  Congressional Accountability Act of 1995 (Manual Sec. 842). Under 
  clause 9 of rule XXI, a point of order lies against consideration of a 
  bill or joint resolution reported by a committee where the committee 
  report fails to include a list of congressional earmarks, limited tax 
  benefits, and limited tariff benefits contained in the measure (or a 
  statement that the measure contains no such provisions). For a more 
  detailed discussion of earmarks, see Budget Process.
      In the 113th and 114th Congresses, the House (by separate order) 
  required that committee reports include an estimate of the number of 
  directed rule makings required by the legislation. In the 115th 
  Congress, this requirement was expanded to mandate a list of all such 
  directed rule makings.


  Sec. 30 . Comparative Prints; The Ramseyer Rule

                                 Generally

      Clause 3(e) of rule XIII, the Ramseyer rule, was first 
  incorporated into the House rules in 1929. It was named for its 
  author, C. William Ramseyer. 8 Cannon Sec. 2234. This rule provides 
  that whenever a committee reports a measure repealing or amending a 
  statute, the committee report must include the text of the statute and 
  a comparative print showing the proposed omissions and insertions by 
  stricken-through type and italics, parallel columns, or other 
  appropriate typographical devices. The purpose of the rule is to 
  inform Members of any changes in existing law proposed by the 
  legislation. Deschler Ch 17 Sec. 60.
      The Ramseyer rule requires that the statute proposed to be amended 
  be quoted in the report; it is not sufficient that it is incorporated 
  in the bill. 8 Cannon Sec. 2238. However, a comparative print need 
  only be prepared for the affected part of the law. Deschler Ch 17 
  Sec. 60.6. If the bill amends existing law by the addition of a 
  proviso, the report should quote in full the section immediately 
  preceding the proposed amendment. 8 Cannon Sec. 2237. The Ramseyer 
  rule was amended in the 113th and 114th Congresses to promote the 
  inclusion of adjacent sections in the comparative print, and to 
  require the inclusion of the entire section of a statute proposed to 
  be amended or repealed. In the 115th Congress, these changes were 
  clarified to require all such material be included in a single 
  comparative print. Manual Sec. 846.
      Where a committee reports a bill with amendments, the comparative 
  print required by the rule must show the changes in existing law 
  proposed by the bill as amended, rather than by the bill as 
  introduced. Deschler Ch 17 Sec. 60.4. Where there has been a multiple 
  referral of a measure to two or more committees, each committee need 
  only depict the changes it recommends and not the changes recommended 
  by the other committees. Manual Sec. 816.

                            Application of Rule

      To fall within the purview of the Ramseyer rule, a bill must 
  repeal or amend a statute directly, and a general reference to the 
  subject treated in a statute without the proposition of a specific 
  amendment is not sufficient. 8 Cannon Sec. 2235. Provisions in a bill 
  which merely waive certain statutory requirements or grant an 
  exemption therefrom are not specifically amendatory of existing law 
  and therefore are not subject to the Ramseyer rule requirements. 
  Deschler Ch 17 Sec. 60.7. Thus, the Ramseyer rule has been held 
  inapplicable to a joint resolution extending the period for state 
  ratification of a constitutional amendment submitted to the states, 
  where the resolution did not specifically change the deadline for 
  ratification, but merely extended the period ``notwithstanding'' any 
  provision in the prior law. 95-2, Aug. 15, 1978, p 26204. A point of 
  order will not lie against a committee report merely because the 
  comparative print required by the Ramseyer rule includes laws which 
  are not affected by the reported bill but which are included to give 
  full information to the Members. Deschler Ch 17 Sec. 60.3.
      The Ramseyer rule is applicable whenever a committee reports a 
  bill repealing or amending ``a statute or part thereof.'' Manual 
  Sec. 846. Thus, the rule is not applicable to:

     A bill changing the rules of evidence for the District of 
         Columbia courts. Deschler Ch 17 Sec. 6.8.
     Bills discharged from a committee (as distinguished from bills 
         reported by a committee). Deschler Ch 17 Sec. 60.10.
     Bills amending simple resolutions. 8 Cannon Sec. 2239.

      The Ramseyer rule is not applicable to reports accompanying simple 
  resolutions. 93-2, Sept. 30, 1974, p 32956. However, a Ramseyer-type 
  comparative print is required under clause 3(g) of rule XIII whenever 
  the Committee on Rules reports a resolution proposing to repeal or 
  amend a standing rule of the House or part thereof. This clause does 
  not apply to resolutions that merely provide temporary waivers of 
  rules during the consideration of particular legislative business and 
  does not apply to a resolution providing for the consideration of a 
  bill with textual modifications that would effect certain changes in 
  House rules on enactment of the bill into law but not itself repealing 
  or amending any rule. Manual Sec. 848.
      The Ramseyer rule applies to general appropriation bills where 
  such bills include legislative provisions. 8 Cannon Sec. 2241. General 
  appropriation bills are also subject to a separate rule requiring that 
  the report contain a statement of the effect of any changes in 
  existing law. Clause 3(f) of rule XIII.

                          Substantial Compliance

      A Ramseyer rule violation may occur even though the bill in 
  question proposes but one minor and obvious change in existing law. 8 
  Cannon Sec. 2236. Under the doctrine of substantial compliance, 
  however, the Speaker has overruled Ramseyer points of order on the 
  rationale that the committee had substantially complied with the 
  requirements of the rule and that deviations were minor and 
  inconsequential. Deschler Ch 17 Sec. Sec. 60.11-60.14. Thus, the 
  Speaker has upheld a report, even though it contained errors in 
  typography and punctuation and failed to indicate a relatively 
  insignificant date change. Deschler Ch 17 Sec. 60.14.

                              Points of Order

      The point of order that a report fails to comply with the Ramseyer 
  rule is properly made when the bill is called up in the House and 
  before the House has resolved into the Committee of the Whole for its 
  consideration. 8 Cannon Sec. Sec. 2243, 2245; Deschler Ch 17 
  Sec. Sec. 60.15-60.18. The point of order does not lie in the 
  Committee of the Whole. Deschler Ch 17 Sec. 60.16. Thus, the proper 
  time to raise the point of order is when the motion is made to go 
  into, or the Speaker declares the House resolved into, the Committee 
  of the Whole to consider the bill. If that motion is withdrawn, the 
  Chair is not obliged to rule on the point of order. Manual Sec. 905. 
  When a point of order is raised that a report is in violation of the 
  Ramseyer rule, it is incumbent on the maker of the point of order to 
  cite the specific statute which will be amended by the pending bill. 8 
  Cannon Sec. 2246.
      Compliance with the Ramseyer rule may be waived by unanimous 
  consent or by a special order of business. Deschler Ch 17 
  Sec. Sec. 60.19, 60.20. However, a special order of business providing 
  for the consideration of a bill, unless specifically waiving points of 
  order, does not preclude the point of order that the report on such a 
  bill fails to comply with the Ramseyer rule. 8 Cannon Sec. 2245.

                     Recommittal; Supplemental Report

      Technical defects in a Ramseyer may be remedied by a supplemental 
  report, which may be filed with the Clerk under clause 3(a)(2) of rule 
  XIII without unanimous consent. 8 Cannon Sec. 2247. Two remedies are 
  available to the Chair when a point of order for failure to comply 
  with the Ramseyer rule is sustained. The Chair may recommit the bill 
  to the respective committees reporting it. 8 Cannon Sec. 2237; 
  Deschler Ch 17 Sec. 60.2. This was the automatic remedy before the 
  adoption of clause 3(a)(2) of rule XIII. When a bill was recommitted 
  for failure to conform to the rule, further proceedings were de novo 
  and the bill was considered again and reported by the committee as if 
  no previous report had been made. 8 Cannon Sec. 2249. In the 
  alternative, the Chair may announce that consideration of the bill 
  must await the filing of a supplemental report under clause 3(a)(2) to 
  cure the defect. The latter remedy is most suitable where the 
  violation is merely technical.


  Sec. 31 . Printing; Referral to Calendars

                                 Generally

      Unless a report is privileged for immediate consideration, it is 
  delivered to the Clerk for printing and reference to the proper 
  calendar under the direction of the Speaker. Manual Sec. 831; Sec. 33, 
  infra. Privileged reports are filed from the floor while the House is 
  in session and referred to the appropriate calendar and ordered 
  printed by the Speaker. Deschler Ch 17 Sec. 58.
      For more discussion of referrals, including sequential referrals, 
  see Bills and Resolutions.

                              Adverse Reports

      Under clause 2(a)(2) of rule XIII, a bill reported adversely is 
  laid on the table unless the reporting committee or a Member requests 
  the Clerk to refer the bill to a calendar. Nonprivileged reports on 
  resolutions adversely reported are not printed unless a request is 
  made that they be referred to a calendar. Deschler Ch 17 Sec. 59.1. 
  However, reports on resolutions of inquiry are privileged, are 
  reported as such (whether favorable or adverse), and are printed and 
  referred. Manual Sec. 864; see also Calendars.

                            Correcting an Error

      A ``star print'' is a reprint of a committee report or reported 
  bill to correct errors in the first printing of the report. A ``star 
  print'' may be authorized by the Speaker to correct an error made by 
  the Government Publishing Office. 95-2, June 23, 1978, p 18806. A 
  committee may correct a technical error in its report by filing a 
  supplemental report under clause 3(a)(2) of rule XIII. Sec. 28, supra.


  Sec. 32 . Supplemental, Minority, Additional, or Dissenting Views

      The members of a committee who are in the minority may not present 
  a proposition of legislation but have the right to file views to 
  accompany the report. 4 Hinds Sec. Sec. 4601-4605. Unless filed with 
  the report, minority views may be presented only by consent of the 
  House. 4 Hinds Sec. 4600; 8 Cannon Sec. 2231.
      Clause 2(l) of rule XI entitles a member of the committee who 
  gives notice to two additional calendar days to file with the clerk of 
  the committee supplemental, minority, additional, or dissenting views. 
  The member must give notice at the time of the committee's approval of 
  the report. The right to submit additional views inures to all members 
  of the committee. Manual Sec. 804. Thus, if one member makes a timely 
  request for filing views, all other members of the committee may 
  submit views for inclusion in the report within the two-day window. 
  Deschler Ch 17 Sec. 64. The two calendar days begin the day after the 
  measure is ordered reported and do not count Saturdays, Sundays, and 
  legal holidays except when the House is in session. Such views must be 
  in writing and signed by the submitting member. Manual Sec. 804.
      Under clause 2(c) of rule XIII, views submitted under clause 2(l) 
  of rule XI must be included in, and must be part of, the report. Under 
  clause 3(a) of rule XIII, the cover of the report must recite the 
  inclusion of such views. When the two additional days guaranteed by 
  clause 2(l) of rule XI expire, the committee may arrange to file its 
  report with the Clerk not later than one hour after the expiration of 
  such time, even if the House is not in session. Clause 2(c) of rule 
  XIII.


  Sec. 33 . Filing Reports

      Nonprivileged reports are filed by delivering them to the Clerk 
  for reference to the calendars under the direction of the Speaker. 
  Manual Sec. 831. Privileged reports are filed from the floor and 
  referred to the appropriate calendar by the Chair. Manual Sec. 853; 4 
  Hinds Sec. 3146; 8 Cannon Sec. Sec. 2230, 2233; Deschler Ch 17 
  Sec. 58.
      Ordinarily, a committee report on a bill or other measure reported 
  to the House must accompany the reported measure. Manual 
  Sec. Sec. 831, 853. Except as provided in clause 2(c) of rule XIII, or 
  in the case of an expiring referral, unanimous consent is required to 
  file a committee report when the House is not in session, and such 
  permission may not be obtained by motion. Manual Sec. 418; Deschler Ch 
  17 Sec. 62; Sec. 32, supra. A special order of business may provide 
  committees with authority to file supplemental reports. See, e.g., 
  110-2, Apr. 23, 2008, p 6706.
      The House may extend the time for a select committee to file a 
  report pursuant to a simple resolution (105-1, H. Res. 170, May 13, 
  1999, p 9499) or by agreement to a unanimous-consent request (94-2, 
  Aug. 2, 1976, p 25086). An extension of time to file has been given to 
  a joint committee pursuant to a joint resolution and pursuant to a 
  unanimous-consent request agreed to in each House. Deschler Ch 17 
  Sec. Sec. 62.10, 62.11.


  Sec. 34 . Calling Up; Time to Report

            Privileged and Nonprivileged Reports Distinguished

      Certain committee reports may be called up as privileged under the 
  rules and precedents of the House. If privileged, a report may be 
  filed from the floor at any time; its consideration is preferential 
  and does not require a special order of business from the Committee on 
  Rules. Deschler Ch 17 Sec. 63. The report may be privileged even 
  though the measure in question is reported adversely. 6 Hinds 
  Sec. 413; 8 Cannon Sec. 2310; Deschler Ch 17 Sec. 63.3.
      Privileged status is accorded to:

     Reports on Presidential vetoes. Deschler Ch 17 Sec. Sec. 63.1, 
         63.2.
     Reports on impeachments and matter incidental thereto. 
         Deschler Ch 17 Sec. 63.3.
     Reports on questions involving the privileges of the House, 
         such as reports relating to the refusal of a witness to testify 
         or produce documents. Deschler Ch 17 Sec. Sec. 63.4-63.7.
     Reports on resolutions of inquiry. 6 Cannon Sec. 404.
     Reports by those committees specified by clause 5 of rule XIII 
         to report at any time on particular matters, subject to 
         applicable layover requirements. Manual Sec. 855.
     Reports which may be reported at any time by specific 
         authorization of a House resolution. Deschler Ch 17 Sec. 63.10.
     Reports on measures which may be reported at any time pursuant 
         to statute, as in the case of certain resolutions of 
         disapproval. Manual Sec. 1130; Deschler Ch 17 Sec. 63.11 
         (note).

      As noted above, certain committees are, under clause 5 of rule 
  XIII, given leave to report at any time on matters particularized in 
  the rule. Manual Sec. Sec. 853, 855. This privilege to report at any 
  time does not extend to matters not specified by the rule. 4 Hinds 
  Sec. 4622; 8 Cannon Sec. 2286. The committees with leave to report at 
  any time on specified matters under this rule are shown in the table 
  below:

 
                                                         Eligible
                                                          Matters
                           Committee                        and
                                                         Measures
 
        Rules                                            Rules,
                                                          joint
                                                          rules,
                                                          and the
                                                          order
                                                          of
                                                          busines
                                                          s
 
        Appropriations                                   General
                                                          appropr
                                                          iation
                                                          bills,
                                                          certain
                                                          joint
                                                          resolut
                                                          ions
                                                          continu
                                                          ing
                                                          appropr
                                                          iations
                                                          , but
                                                          not
                                                          appropr
                                                          iations
                                                          for
                                                          specifi
                                                          c
                                                          purpose
                                                          s (8
                                                          Cannon
                                                          Sec. 22
                                                          85)
 
        The Budget                                       Matters
                                                          under
                                                          titles
                                                          III and
                                                          IV of
                                                          the
                                                          Congres
                                                          sional
                                                          Budget
                                                          Act of
                                                          1974
 
        House Administration                             Enrolled
                                                          bills;
                                                          electio
                                                          n
                                                          contest
                                                          s;
                                                          printin
                                                          g;
                                                          noncurr
                                                          ent
                                                          House
                                                          records
                                                          ;
                                                          expendi
                                                          tures
                                                          of
                                                          applica
                                                          ble
                                                          account
                                                          s of
                                                          the
                                                          House
 
        Ethics                                           Certain
                                                          resolut
                                                          ions
                                                          recomme
                                                          nding
                                                          action
                                                          with
                                                          respect
                                                          to a
                                                          Member,
                                                          officer
                                                          , or
                                                          employe
                                                          e
 

      The right to report at any time is said to carry with it the right 
  to consideration at any time (4 Hinds Sec. 3131), subject to 
  applicable layover requirements (see Sec. 35, infra). However, such 
  right does not exist when in conflict with other rules of the House. 8 
  Cannon Sec. 2291. Measures reported under a leave to report at any 
  time yield to matter enjoying a higher privilege in the order of 
  business, to questions of privilege (Manual Sec. 854; 6 Cannon 
  Sec. 557), and to measures already given a priority by a special order 
  of business (4 Hinds Sec. Sec. 3175, 3176).
      Where a committee has been given the privilege of reporting at any 
  time with respect to a certain matter, it may report Senate bills as 
  well as House bills under the privileged status given. Deschler Ch 17 
  Sec. 63.10.
      Generally, nonprivileged reports are filed by delivering them to 
  the Clerk. Manual Sec. 831. Reports privileged under the rules are 
  filed from the floor. Manual Sec. 853; 4 Hinds Sec. 3146; 8 Cannon 
  Sec. Sec. 2230, 2233.

                         Who May Call Up; Reading

      A committee ordinarily authorizes its chair to submit and call up 
  its report. Manual Sec. 834; 4 Hinds Sec. 4669. The chair may do so 
  even though not concurring therein. 4 Hinds Sec. 4670. However, the 
  committee may authorize other members of the committee to present 
  reports, and under some circumstances minority members of the 
  committee have been authorized to present the report of the committee. 
  4 Hinds Sec. Sec. 4669, 4672, 4673; 8 Cannon Sec. Sec. 2314, 2315.
      Reports are not normally read by the Clerk. However, in a few 
  cases, where a report does not accompany a bill or other proposition 
  of action, but presents facts and conclusions under consideration by 
  the House, it is read by the Clerk (such as the predicate for a 
  contempt resolution). Manual Sec. 422.

                                Withdrawal

      The chair of a committee, having made a report to the House in 
  accordance with instructions from the committee, may not withdraw it 
  except by consent of the House. 4 Hinds Sec. 4690; 8 Cannon Sec. 2312. 
  When placed on the calendar, a bill is not subject to further 
  consideration by the committee reporting it. 8 Cannon Sec. Sec. 2218, 
  2307.


  Sec. 35 . Availability (``Layover'') Requirements

      With certain exceptions, clause 4(a) of rule XIII requires that a 
  committee report on a measure or matter be available to Members for 
  three calendar days (excluding Saturdays, Sundays, and legal holidays, 
  unless in session) before the measure may be considered in the House. 
  The rule permits consideration of a measure on the third day a report 
  is available rather than on the fourth day following its availability. 
  Manual Sec. 850. The three-day rule runs anew from the time of 
  availability of a supplemental report to correct a technical error in 
  a previous report, unless the supplemental report is made solely to 
  correct errors in the depiction of record votes. Clause 3(a) of rule 
  XIII; Deschler Ch 17 Sec. 64.1. A measure or matter made publicly 
  available in electronic form at an electronic document repository 
  operated by the Clerk is considered as having been made available to 
  Members. Clause 3 of rule XXIX.
      Clause 4 of rule XIII exempts the following from the three-day 
  layover requirement:

     A resolution from the Committee on Rules providing a rule, 
         joint rule, or order of business (clause 4(a)(2)(A)), such 
         reports being subject to a separate one-day layover requirement 
         unless the House determines by a vote of two-thirds to consider 
         the resolution on the same day (clause 6(a)(1)).
     A resolution from the Committee on House Administration 
         providing committee expenses (clause 4(a)(2)(B)), such reports 
         being subject to a separate one-day layover requirement (clause 
         6(a) of rule X).
     A resolution presenting a question of the privileges of the 
         House. Clause 4(a)(2)(C).
     A measure for the declaration of war or national emergency. 
         Clause 4(a)(2)(D).
     A measure providing approval or disapproval of impending 
         actions or determinations by a government agency. Clause 
         4(a)(2)(E).

      Points of order against consideration of a bill for failure of the 
  report thereon to be available for three days may be waived pursuant 
  to a resolution from the Committee on Rules (see, e.g., 106-1, H. Res. 
  136, Apr. 13, 1999, p 6284), which waiver may be called up the same 
  day reported from Committee on Rules without a two-thirds vote (clause 
  6(a)(2) of rule XIII).


  Sec. 36 . Points of Order Relating to Reports

                                 Generally

      A point of order will lie in the House against consideration of a 
  measure for failure of the committee report on the measure to include 
  any of the reporting requirements outlined in Sec. 29, supra.
      A point of order will also lie in the House against consideration 
  of a measure for failure of the committee report to meet the 
  availability requirements (Sec. 35, supra) and to report a measure 
  without a sufficient quorum (Sec. 21, supra).
      Points of order against consideration for noncompliance with the 
  rules in the preparation of the report must be made in the House. A 
  point of order that a committee report is not in proper form does not 
  lie in the Committee of the Whole. Deschler-Brown Ch 29 Sec. 20.28.
      The Chair does not rule on points of order relating to the 
  sufficiency, insufficiency, or legal effect of committee reports, 
  those being matters for the House to decide. 4 Hinds Sec. 1339; 
  Deschler Ch 17 Sec. Sec. 58.3, 58.4. Similarly, a point of order will 
  not lie against a committee report that included an executive 
  communication on the ground that the communication failed to comply 
  with the statute that required the communication. Deschler Ch 17 
  Sec. 58.1.
      Points of order as to reports on appropriation bills, see 
  Appropriations.

                          Waiving Points of Order

      Points of order against a measure for defects in a committee 
  report may be waived by adoption of a special order of business from 
  the Committee on Rules, an order of the House granted by unanimous 
  consent, or by consideration of the bill under suspension of the 
  rules. Deschler Ch 17 Sec. 58.
  
                                CHAPTER 12
                          COMMITTEES OF THE WHOLE

                              HOUSE PRACTICE

              A. Generally

  Sec.  1. In General
  Sec.  2. Jurisdiction and Authority; Reference
  Sec.  3. Matters Requiring Consideration in the Committee of the Whole
  Sec.  4. --Amendments Between the Houses
  Sec.  5. Resolving Into the Committee of the Whole
  Sec.  6. --By Motion
  Sec.  7. The Chair
  Sec.  8. --Limitations on Jurisdiction and Authority of Chair

              B. Consideration and Debate in Committee

  Sec.  9. In General; Quorums
  Sec. 10. First Reading
  Sec. 11. General Debate
  Sec. 12. --Closing General Debate
  Sec. 13. Debate Under the Five-minute Rule; Amendments
  Sec. 14. --Pro Forma Amendments
  Sec. 15. Relevancy in Debate
  Sec. 16. Calling Members to Order
  Sec. 17. Voting
  Sec. 18. Points of Order
  Sec. 19. Unfinished Business

              C. Motions in Committee

  Sec. 20. In General
  Sec. 21. Precedence of Motions
  Sec. 22. Motion Relating to Enacting Clause
  Sec. 23. --When in Order
  Sec. 24. --Debate

              D. Rising; Reporting to the House

  Sec. 25. Generally
  Sec. 26. Motions to Rise
  Sec. 27. --When in Order
  Sec. 28. --Who May Offer
  Sec. 29. Reporting to the House
  Sec. 30. House Action on Committee Reports
        Research References
          4 Hinds Sec. Sec. 4704-4922
          8 Cannon Sec. Sec. 2318-2430
          Deschler Ch 19
          Manual Sec. Sec. 326-340; 970-993b


                               A. Generally


  Sec. 1 . In General

                 Role and Functions; Historical Background

      The Committee of the Whole has been described as an ancient 
  parliamentary institution, having been derived from the practice of 
  the English House of Commons. 4 Hinds Sec. 4705; Deschler Ch 19 
  Sec. 5. The Continental Congress frequently used the Committee of the 
  Whole for important business. The concept that the Committee of the 
  Whole should receive what were called ``the greater matters of 
  legislation'' has gradually resulted in the usage now crystallized in 
  clause 3 of rule XVIII, which requires the reference to its calendar 
  of all bills directly or indirectly raising revenue, general 
  appropriation bills, and public bills appropriating money or property. 
  See 4 Hinds Sec. 4705.
      The Committee of the Whole meets to consider matters referred to 
  it under rules designed to expedite consideration and to allow greater 
  participation by Members. The Committee of the Whole is in this 
  respect comparable to a standing committee. 4 Hinds Sec. 4706. The 
  Committee of the Whole is never completely dissolved. The House merely 
  resolves into and out of Committee of the Whole, and bills remain on 
  its calendar until reported therefrom. 4 Hinds Sec. 4705.
      Every Member of the House is a member of the Committee of the 
  Whole. However, the Committee may sit with a smaller number (100 
  Members) than is required to transact business in the House (218 
  Members). Clause 6(a) of rule XVIII. For a discussion of quorums 
  generally, see Quorums.

                 Distinguishing the Committee of the Whole

      The term ``Committee of the Whole'' refers to the ``Committee of 
  the Whole House on the state of the Union,'' which considers public 
  bills. Deschler Ch 19 Sec. 1. Prior to 1935, the term was also used to 
  refer to the ``Committee of the Whole House,'' which formerly 
  considered business on the Private Calendar. Since 1935, however, 
  bills on the Private Calendar have been considered in the ``House as 
  in the Committee of the Whole.'' Thus, the term ``Committee of the 
  Whole House'' has no application in the modern practice of the House 
  (Deschler Ch 19 Sec. 1) and was deleted from the rules when they were 
  recodified in 1999.

                  House as in the Committee of the Whole

      When the House sits as in the Committee of the Whole, it does not 
  actually resolve into the committee; it sits ``as in'' Committee of 
  the Whole to allow consideration of bills under the five-minute rule 
  without general debate and with the bill considered as read and open 
  to amendment at any point. Manual Sec. Sec. 424, 427; 4 Hinds 
  Sec. 4924. This practice is permitted in the consideration of public 
  bills only by unanimous consent or pursuant to a special order of 
  business from the Committee on Rules. Manual Sec. 424. A motion that a 
  proposition be considered under that procedure is not in order. Manual 
  Sec. 424; 4 Hinds Sec. 4923.
      The Speaker remains in the Chair, and a quorum of the House (and 
  not of the Committee of the Whole) is required. 6 Cannon Sec. 639. The 
  measure is considered to have been read for amendment, and is open to 
  amendment at any point. Manual Sec. 427. A motion to close debate on 
  the pending measure (or an amendment) is in order. Manual Sec. 427.
      When the House is sitting as in the Committee of the Whole, it may 
  invoke many procedures that are not available to it when it is meeting 
  in the Committee of the Whole. Manual Sec. 427. For example, it may:

     Order the yeas and nays by one-fifth of those present or upon 
         objection for lack of a quorum. 4 Hinds Sec. 4923.
     Receive messages from the President or the Senate. 4 Hinds 
         Sec. 4923.
     Permit withdrawal of amendments before action thereon. 4 Hinds 
         Sec. 4935.
     Refer to a committee. 4 Hinds Sec. Sec. 4931, 4932.
     Entertain the previous question. 4 Hinds Sec. Sec. 4926-4929; 
         6 Cannon Sec. 639.
     Entertain the motion to reconsider. 8 Cannon Sec. 2793.
     Entertain the motion to lay on the table. 4 Hinds 
         Sec. Sec. 4719, 4720; 8 Cannon Sec. 2330; Deschler Ch 19 
         Sec. 2.7.
     Entertain the motion to adjourn. 4 Hinds Sec. 4923.

      The procedures applicable in the House as in the Committee of the 
  Whole apply generally to proceedings in standing committees of the 
  House. Manual Sec. 427; see also Committees.

                         Significance of the Mace

      The position of the mace in the Chamber signifies to the Members 
  whether the House has resolved itself into the Committee of the Whole. 
  When the mace is in position on the higher pedestal at the Speaker's 
  right, the House is in regular session. When the Members begin 
  deliberations in the Committee of the Whole, the mace is placed on the 
  lower pedestal next to the desk of the Sergeant-at-Arms. Deschler Ch 
  19 Sec. 1.1.


  Sec. 2 . Jurisdiction and Authority; Reference

                          Generally; Public Bills

      Under clause 1(a)(1) of rule XIII, bills raising revenue, general 
  appropriation bills, and bills of a public character directly or 
  indirectly appropriating money or property are referred to the Union 
  Calendar and considered in the Committee of the Whole. See also clause 
  3 of rule XVIII. Where the purpose of a bill is to raise revenue, even 
  though that purpose is affected indirectly, the bill is within the 
  jurisdiction of the Committee of the Whole. 8 Cannon Sec. 2399.
      Whether a bill should be referred to the Union Calendar is 
  governed by the text of the bill as introduced, and amendments 
  recommended by the committee reporting it are not considered. Thus, a 
  bill that includes a charge on the Treasury is referred to the Union 
  Calendar notwithstanding a committee amendment striking that charge. 8 
  Cannon Sec. 2392.

                     Measures Other Than Public Bills

      Although the jurisdiction of the Committee of the Whole is devoted 
  primarily to the consideration of public bills, other matters are 
  sometimes referred to the Committee pursuant to House order. For 
  example, the annual message of the President is customarily referred 
  to the Committee of the Whole by motion. Propositions to change the 
  rules of the House have been considered in the Committee of the Whole 
  pursuant to a special order of business. 4 Hinds Sec. 4822; Deschler 
  Ch 21 Sec. 21.15.

              Referrals; Effect of Special Orders of Business

      Measures referred by the Speaker to the Union Calendar for 
  consideration in the Committee of the Whole are considered therein 
  under special orders of business reported by the Committee on Rules or 
  by the standing rules applicable to the Committee of the Whole. See 
  rule XVIII.
      The Committee has no authority to change an order of the House 
  governing the consideration of a particular measure in the Committee 
  of the Whole, although minor modifications may be accomplished by 
  unanimous consent. Manual Sec. 993b; see also Special Orders of 
  Business. Thus, where the Committee of the Whole is considering a bill 
  under a special order of business that fixes the time for debate and 
  the amendments that may be offered, a Member may not be recognized to 
  seek unanimous consent to offer a measure that is beyond the scope of 
  the special order of business (4 Hinds Sec. Sec. 4712, 4713) or to 
  extend the time for general debate as fixed thereby (5 Hinds 
  Sec. Sec. 5212-5216).
      Bills are sometimes referred to the Committee of the Whole as a 
  result of action in the House resulting in its recommittal thereto 
  (Manual Sec. 988; 4 Hinds Sec. 4784) or in unusual situations pursuant 
  to a motion to recommit in the House either with or without 
  instructions (5 Hinds Sec. Sec. 5552, 5553).

                           Presidential Messages

      The President's state of the Union message is referred by motion 
  to the Committee of the Whole. See, e.g., 106-2, Jan. 27, 2000, p 162; 
  114-1, Jan. 20, 2015, p__. Other Presidential messages are normally 
  referred by order of the Speaker to the committee having jurisdiction. 
  Manual Sec. 873. At one time, annual messages of the President were 
  referred to and reported by the Committee of the Whole with 
  recommendations for reference to the proper standing or select 
  committee, but this practice was discontinued in the 64th Congress. 8 
  Cannon Sec. 3350.

                         Limitations on Authority

      Many procedures and motions traditionally available in the House 
  may not be invoked in the Committee of the Whole. See Sec. 8, infra. 
  For example, the Committee of the Whole may not:

     Appoint, authorize, or discharge committees. 4 Hinds 
         Sec. Sec. 4697, 4710.
     Entertain the question of consideration (7 Cannon Sec. 952) 
         except pursuant to those provisions of the Congressional Budget 
         Act and the Statutory Pay-As-You-Go Act of 2010 that permit the 
         question of consideration in the disposition of certain points 
         of order (Manual Sec. Sec. 910, 991).
     Transact proceedings regarding words demanded to be taken down 
         in debate. 2 Hinds Sec. Sec. 1257-1259; 8 Cannon Sec. 2539.
     Recess without permission of the House (5 Hinds 
         Sec. Sec. 6669-6671), except in case of emergency (clause 
         12(b)(2) of rule I).
     Instruct conferees. 8 Cannon Sec. 2320.
     Consider questions of privilege under rule IX. Manual 
         Sec. 711; 2 Hinds Sec. 1657; Deschler Ch 11 Sec. 4.3.
     Authorize extraneous matter to be included in the 
         Congressional Record. Manual Sec. 688.

      Similarly, unanimous-consent requests may not be entertained in 
  the Committee of the Whole if they materially alter procedures 
  required by a special order of business or other order adopted by the 
  House. For example, the Committee of the Whole may not:

     Permit a perfecting amendment to be offered to the underlying 
         bill where a special order of business permitted its 
         consideration only as a perfecting amendment to a committee 
         amendment.
     Permit a substitute to be read by section for amendment where 
         the special order of business did not so provide.
     Extend the time limitation for consideration of amendments 
         beyond that set by a special order of business requiring the 
         Chair to put the question on the pending amendments at the 
         expiration of certain hours of consideration.
     Restrict authority granted in a special order of business to 
         offer amendments ``en bloc.''
     Change the scheme for control (other than among committees 
         controlling time) or duration of general debate specified by 
         the House.
     Reduce below 15 minutes the minimum time for the first 
         recorded vote in a series.
     Preempt the Chair's discretion to postpone and cluster votes.
     Permit an amendment to an amendment rendered unamendable by a 
         special order of business or permit a subsequent amendment 
         changing an unamendable amendment already adopted.
     Permit consideration of an amendment out of the order 
         specified in a special order of business.
     Permit consideration of an additional amendment or authorize a 
         supplemental report from the Committee on Rules in lieu of the 
         original report referred to in the special order of business.
     Permit a different Member to offer an amendment vested in a 
         specified Member.
     Permit a division of the question on an amendment rendered 
         indivisible by a special order of business.

  Manual Sec. 993a.

      Where the Committee of the Whole reports a recommendation that is 
  ruled out as in excess of its powers, the accompanying bill stands 
  recommitted to the Committee of the Whole. Manual Sec. 335; 4 Hinds 
  Sec. 4908.
      On the other hand, unanimous-consent requests may be entertained 
  in the Committee of the Whole if they do not materially alter 
  procedures required by special order of business or other order 
  adopted by the House. For example, unanimous-consent requests have 
  been entertained in the Committee of the Whole to:

     Permit one of two committees controlling time for general 
         debate pursuant to a special order of business to yield control 
         of its time to the other.
     Permit the modification of a designated amendment made in 
         order by a special order of business, once offered, if the 
         request is propounded by the proponent of the amendment, 
         including as unfinished business where proceedings on a request 
         for a recorded vote have been postponed.
     Permit a page reference to be corrected in a designated 
         amendment made in order as printed where the printed amendment 
         did not include that reference.
     Permit a supporter of an amendment to claim debate time 
         allocated by a special order of business to an opponent, where 
         no opponent seeks recognition.
     Permit a proponent or opponent of an amendment to yield 
         control of time to others.
     Shorten the time set by a special order of business for debate 
         on a particular amendment.
     Lengthen the time set by a special order of business for 
         debate on a particular amendment under terms of control 
         congruent with those set by the order of the House.
     Permit en bloc consideration of several amendments under a 
         ``modified-closed'' special order of business providing for the 
         sequential consideration of designated separate amendments.
     Reach ahead in the reading of a general appropriation bill to 
         consider one amendment without prejudice to others earlier in 
         the bill under a special order of the House contemplating that 
         each remaining amendment be offered only at the ``appropriate 
         point in the reading of the bill.''
     Permit the reading of an amendment that was considered as read 
         under a special order of business, or to permit the re-reading 
         of an amendment already read.
     Permit a request for a recorded vote, even though untimely.
     Vacate a prior recorded vote to the end that the request for a 
         recorded vote remain pending as unfinished business.

  Manual Sec. 993b.

                      Authority to Originate Measures

      In the early practice, the Committee of the Whole could consider a 
  matter even though the matter had not been referred to it by the 
  House. 4 Hinds Sec. 4705. Today, the Committee of the Whole no longer 
  originates measures, but receives only such measures as have been 
  referred to it, usually by way of a special order of business. Manual 
  Sec. 326; 4 Hinds Sec. 4707. Under this practice, the House may not 
  resolve into the Committee of the Whole for the purpose of originating 
  a measure except by unanimous consent. Manual Sec. 412. Absent an 
  appropriate referral, the Committee of the Whole may not report a 
  recommendation, that, if carried into effect, would change a rule of 
  the House. 4 Hinds Sec. Sec. 4907, 4908.

                            Conference Reports

      Conference reports are considered in the House rather than in the 
  Committee of the Whole, and this is so notwithstanding a point of 
  order that the report contains matter ordinarily requiring 
  consideration in the Committee. 5 Hinds Sec. Sec. 6559, 6561.


  Sec. 3 . Matters Requiring Consideration in the Committee of the Whole

                                 Generally

      Clause 3 of rule XVIII specifies the matters that must be 
  considered in the Committee of the Whole before consideration in the 
  House. The matters so specified include all motions or propositions 
  involving a tax or charge upon the people, all proceedings involving 
  appropriations of money or property, requiring such appropriation to 
  be made, or authorizing payments out of appropriations already made. 
  Also included within the rule are bills releasing any liability to the 
  United States for money or property. A point of order under this rule 
  may be raised at any time before the consideration of a bill has 
  commenced.
      The consideration of a measure by unanimous consent waives any 
  requirement as to consideration in Committee of the Whole. 4 Hinds 
  Sec. 4823; 8 Cannon Sec. 2393. Similarly, the effect of a special 
  order of business may be to discharge the Committee of the Whole and 
  bring the bill directly before the House. Manual Sec. 973. In the 
  modern practice, special orders of business reported from the 
  Committee on Rules often provide for consideration of a measure on the 
  Union Calendar in the House where no amendment, or only one amendment, 
  is made in order. See, e.g., 107-1, H. Res. 199, Apr. 26, 2001, p 
  6299.
      The requirement of clause 3 of rule XVIII is that the class of 
  business specified by the rule must be ``first'' considered in the 
  Committee of the Whole. Manual Sec. 973. It follows that a bill 
  considered in the Committee of the Whole, reported to the House, and 
  then recommitted by the House to a standing committee, is not, when 
  again reported to the House, necessarily subject to the point of order 
  that it must be considered in Committee of the Whole. Manual Sec. 973; 
  4 Hinds Sec. 4828; 5 Hinds Sec. Sec. 5545, 5546.

      Measures Requiring Consideration in the Committee of the Whole

      The following measures require consideration in the Committee of 
  the Whole:

     Increasing the rate of postage. 4 Hinds Sec. 4861.
     Creating a new Federal office. 4 Hinds Sec. 4846.
     Authorizing an undertaking by a government agency that will 
         incur an expense, however small, to the government. 8 Cannon 
         Sec. 2401.
     Requiring an expenditure with some probability. Deschler Ch 19 
         Sec. 1.
     Setting in motion a chain of circumstances destined ultimately 
         to involve certain expenditures. 4 Hinds Sec. 4827; 8 Cannon 
         Sec. 2399.

    Measures Not Requiring Consideration in the Committee of the Whole

      The following measures do not require consideration in the 
  Committee of the Whole:

     Not directly making an appropriation of money or requiring one 
         to be made. 4 Hinds Sec. 4856.
     Making an expenditure that is to be borne otherwise than by 
         the Federal Government. 4 Hinds Sec. 4831.
     Proposing an amendment to the Constitution to extend the term 
         of office of certain officials. 8 Cannon Sec. 2395.


  Sec. 4 . --Amendments Between the Houses

      Clause 3 of rule XVIII, requiring that any proposition involving a 
  tax or an appropriation of money or property must be considered in the 
  Committee of the Whole, is applicable to Senate amendments to House 
  measures. Sec. 3, supra. Accordingly, where a House bill returned with 
  Senate amendments involving a new matter of appropriation has been 
  referred by the Speaker to a standing committee, it is, upon being 
  reported therefrom, referred to the Committee of the Whole. Manual 
  Sec. 874; 4 Hinds Sec. Sec. 3094, 3108-3110. Similarly, a House 
  amendment to a Senate amendment is subject to clause 3. 4 Hinds 
  Sec. 4795. Normally, such Senate and House amendments are not referred 
  to committee, but are held at the Speaker's desk (pursuant to the 
  Speaker's discretionary authority under clause 2(b) of rule XIV) for 
  disposition by the House. Manual Sec. Sec. 874, 1073.
      The question as to whether a Senate amendment involves a tax or an 
  appropriation so as to require consideration in Committee of the Whole 
  is applied to each amendment received from the Senate. The fact that 
  the original House bill was considered in Committee of the Whole is 
  not taken into consideration in determining this question. 8 Cannon 
  Sec. 2381.
      A Senate amendment to a House bill is subject to the point of 
  order that it must first be considered in the Committee of the Whole 
  if, had it originated in the House, the amendment would be subject to 
  that point of order. Clause 3 of rule XXII; Manual Sec. 1072. Hence, a 
  Senate amendment that on its face places a charge on the Treasury must 
  be considered in Committee of the Whole absent proof to the contrary. 
  8 Cannon Sec. 2387. However, a Senate amendment that merely modifies a 
  House proposition, such as an increase or decrease in the amount of an 
  appropriation and that does not involve a new and distinct 
  expenditure, is not required to be considered in the Committee of the 
  Whole. Manual Sec. 1073; 4 Hinds Sec. Sec. 4797, 4800; 8 Cannon 
  Sec. Sec. 2382, 2385. Moreover, the requirement that certain Senate 
  amendments be considered in the Committee of the Whole applies only 
  before the stage of disagreement has been reached on the Senate 
  amendment (and not thereafter), and it is too late to raise a point of 
  order that Senate amendments should have been considered in the 
  Committee after the House has disagreed thereto and the amendments are 
  reported from conference in disagreement. Manual Sec. Sec. 1073, 1074. 
  The fact that one of several Senate amendments must be considered in 
  Committee does not prevent the House from proceeding with the 
  disposition of those not subject to the point of order. 4 Hinds 
  Sec. 4807.
      The requirement of clause 3 of rule XXII that the amendment be 
  ``first considered'' in the Committee of the Whole does not apply if 
  the House has agreed to a special order of business providing that the 
  amendment is ``hereby'' considered as adopted. Manual Sec. 1073; see, 
  e.g., 103-1, H. Res. 71, Feb. 4, 1993, p 2500.


  Sec. 5 . Resolving Into the Committee of the Whole

                     Generally; Declaration by Speaker

      The House may resolve into the Committee of the Whole pursuant to 
  motion or by declaration of the Speaker pursuant to clause 2 of rule 
  XVIII after the House has adopted a special order of business from the 
  Committee on Rules providing for consideration of a measure in the 
  Committee of the Whole and permitting such declaration. 4 Hinds 
  Sec. 3214; 7 Cannon Sec. Sec. 783, 794; Deschler Ch 19 Sec. 4; Sec. 6, 
  infra. When employing the latter method, the Speaker may at any time 
  after adoption of the resolution, when no other question is pending, 
  declare the House resolved into the Committee of the Whole for 
  consideration of a measure. Under the modern practice, this is the 
  generally used mechanism for resolving into the Committee for the 
  consideration of both nonprivileged bills and privileged general 
  appropriation bills.

          Resolving Automatically Into the Committee of the Whole

      The House automatically and without motion resolves itself into 
  the Committee of the Whole to consider a measure:

     When a special order of business from the Committee on Rules 
         provides for the immediate consideration of the measure in the 
         Committee of the Whole. 7 Cannon Sec. Sec. 783, 794; Deschler 
         Ch 19 Sec. 4.1.
     After the Speaker has ruled on words taken down in the 
         Committee of the Whole. Deschler Ch 19 Sec. 4.8.
     After a recommendation of the Committee of the Whole that the 
         enacting clause of the measure be stricken is rejected by the 
         House. Deschler Ch 19 Sec. 10.9.
     When a bill on the Union Calendar is timely called up (or is 
         the unfinished business) on Calendar Wednesday. Manual 
         Sec. 901; 7 Cannon Sec. Sec. 939, 940, 942.


  Sec. 6 . --By Motion

      Although rarely used in recent years, the House may resolve into 
  the Committee of the Whole pursuant to motion (Deschler Ch 19 Sec. 4), 
  as follows:

      Member: M_. Speaker, I move that the House resolve itself into the 
    Committee of the Whole House on the state of the Union for the 
    [further] consideration of  _____.

      This motion is listed eighth in the daily order of business. 
  Manual Sec. 869. However, the motion is usually given more 
  preferential status by the adoption of a special order of business 
  reported from the Committee on Rules. Deschler Ch 19 Sec. 4. Where a 
  motion that the House resolve itself into the Committee of the Whole 
  is pending, the motion that the Committee be discharged and that the 
  bill be laid on the table is not preferential and not in order. 
  Deschler Ch 19 Sec. 4.13. The question of consideration may not be 
  raised against the motion to resolve into the Committee, for the 
  motion to resolve is itself a test of the will of the House on 
  consideration. Deschler Ch 19 Sec. 4.10.
      A Member may withdraw a motion that the House resolve itself into 
  the Committee of the Whole at any time before the motion is acted 
  upon. Deschler Ch 19 Sec. 4.11.
      A motion to resolve into the Committee of the Whole to consider 
  general appropriation bills, and continuing appropriations after 
  September 15, is privileged under clause 5 of rule XIII, if called up 
  by direction of the Committee on Appropriations. Manual Sec. Sec. 853, 
  856. The motion is neither debatable nor amendable (4 Hinds 
  Sec. 3078), is not subject to a demand for the previous question (4 
  Hinds Sec. 3077), and may not be laid on the table or indefinitely 
  postponed (6 Cannon Sec. 726). Although highly privileged, the motion 
  does not take precedence over a motion to reconsider or a motion to 
  change the reference of a bill. 4 Hinds Sec. 3087; 7 Cannon Sec. 2124.

                             Former Practices

      Some procedures regarding consideration of business in the 
  Committee of the Whole are seldom used in modern practice. Prior to 
  1975 the use of the motion to consider revenue bills in the Committee 
  of the Whole was of equal privilege, but there no longer is a 
  privileged status for that motion. Manual Sec. 856; Deschler Ch 19 
  Sec. 4 (note 17).
      After refusing to go into the Committee of the Whole to consider a 
  particular bill, the House may then consider business prescribed by 
  the regular order. 4 Hinds Sec. 3088. Thus, in earlier Congresses, the 
  House would sometimes reject a motion to resolve in order to reach 
  legislation of lesser privilege. Deschler Ch 19 Sec. 4.4. 
  Nonprivileged matters may be considered in the Committee of the Whole 
  pursuant to a special order of business from the Committee on Rules or 
  pursuant to a unanimous-consent request.
      Under an earlier practice found in clause 4 of rule XVIII, the 
  Committee of the Whole can determine its own order of business unless 
  the House so determines, with general appropriation bills taking 
  precedence.


  Sec. 7 . The Chair

      The chair of the Committee of the Whole is appointed by the 
  Speaker. Manual Sec. 970. Following a custom of the British 
  Parliament, the House requires the Speaker ``in all cases'' to leave 
  the chair after appointing the chair of the Committee of the Whole. 
  Manual Sec. 970; Deschler Ch 19 Sec. 5. Where the Member named by the 
  Speaker to act as Chair is unavailable, the Speaker may ask another 
  Member to assume the chair as acting Chair. Where the Member appointed 
  to preside over the Committee of the Whole is female, the proper form 
  of address is ``Madam Chair.'' Deschler Ch 19 Sec. 5.3. A Delegate or 
  Resident Commissioner may preside over the Committee of the Whole. 
  Clause 1 of rule XVIII.
      In general, the Chair recognizes for debate and decides questions 
  of order arising in the Committee of the Whole independently of the 
  Speaker. Deschler Ch 19 Sec. 5.1. Where words are ``taken down'' in 
  debate, the Chair reports them to the Speaker, who rules on their 
  admissibility. Otherwise, points of order relating to procedure in the 
  Committee of the Whole are decided by the Chair (Manual Sec. 961; 5 
  Hinds Sec. 6927; Sec. 16, infra) and are subject to appeal (5 Hinds 
  Sec. 6928; Deschler Ch 19 Sec. 9.1). In exceptional cases, the 
  Committee of the Whole may rise and report the question to the House. 
  4 Hinds Sec. 4783.
      The Chair has a duty to enforce the rules of decorum in debate. 8 
  Cannon Sec. Sec. 2515, 2520. Under clause 1 of rule XVIII, the Chair 
  may cause the galleries or lobbies to be cleared in case of 
  disturbance or disorderly conduct. Manual Sec. 971.
      The Chair directs the Committee of the Whole to rise when the hour 
  previously fixed for adjournment arrives, when the hour fixed by the 
  House for termination of the consideration of the bill in Committee 
  arrives, or when a rule provides for automatic rising after general 
  debate. Manual Sec. 971.


  Sec. 8 . --Limitations on Jurisdiction and Authority of Chair

      The functions of the chair of the Committee of the Whole are not 
  unlimited; certain determinations are reserved to the Speaker, the 
  House, or the Committee itself. Manual Sec. 971. Thus, the Chair does 
  not:

     Decide whether the Committee may sit in executive session 
         (reserved to the House). Deschler Ch 19 Sec. 7.18.
     Entertain unanimous-consent requests to materially alter an 
         order of the House governing the consideration of a measure in 
         the Committee of the Whole. Manual Sec. 993a.
     Respond to inquiries concerning the legislative schedule 
         outside the Committee of the Whole (97-2, July 29, 1982, p 
         18605); including whether or when a pending bill will be taken 
         up again after the Committee rises (Deschler Ch 19 
         Sec. Sec. 7.14, 7.15).
     Rule on procedural questions that may arise when a bill is 
         reported back to the House (Deschler Ch 19 Sec. 7.10) or 
         predict what action may take place in the House after the 
         Committee of the Whole rises (Deschler Ch 19 Sec. 7.9).
     Consider a question that had arisen in the House just before 
         the Committee began to sit. Manual Sec. 971.
     Interpret the application of a rule of the House that sets 
         forth the vote required to adopt a resolution in the House. 
         Deschler Ch 19 Sec. 7.13.
     Determine whether the House can rescind a time limitation 
         imposed by the Committee. Deschler Ch 19 Sec. 7.12.
     Determine the privileges of a Member under general ``leave to 
         print.'' 5 Hinds Sec. 6988.

      For examples of limitations on the authority of the Committee of 
  the Whole, see Manual Sec. 993a; Sec. 2, supra. For the practice 
  governing the Chair in deciding points of order and responding to 
  parliamentary inquiries (both Speaker and chair of the Committee of 
  the Whole), see Points of Order; Parliamentary Inquiries; Manual 
  Sec. Sec. 628, 628a.


                 B. Consideration and Debate in Committee


  Sec. 9 . In General; Quorums

                                 Generally

      The conditions under which a particular measure is to be 
  considered and debated are ordinarily determined pursuant to a special 
  order of business from the Committee on Rules or other House order. 
  The Committee of the Whole may not set aside or materially modify such 
  an order, even by unanimous consent. Manual Sec. 993a.

                            Quorum Requirements

      Until 1890 a quorum of the Committee of the Whole was the same as 
  a quorum of the House. Manual Sec. 329. In that year a rule was 
  adopted fixing a quorum of the Committee of the Whole at 100 Members. 
  Manual Sec. 982. Where the Chair has announced the absence of a quorum 
  in the Committee of the Whole, no further business may be conducted 
  until a quorum is established. Manual Sec. 982. When a vote is taken 
  in Committee of the Whole notwithstanding the absence of a quorum, a 
  timely point of order having been made, the vote is invalid. 6 Cannon 
  Sec. Sec. 676, 677. However, a quorum is inferred (or presumed) if no 
  question is raised with respect thereto; that is, a quorum is presumed 
  to be present unless otherwise determined. See 4 Hinds Sec. 2895; 6 
  Cannon Sec. Sec. 565, 624.
      Under the modern practice, when a Committee of the Whole finds 
  itself without a quorum and a timely point of order is made, the Chair 
  directs that the Members record their presence by electronic device. 
  Manual Sec. 982. It is a quorum of the Committee of the Whole--100 
  Members--and not a quorum of the House that must appear. Deschler Ch 
  20 Sec. 7.1. In ascertaining the presence of a quorum, the Chair 
  includes those Members present but not voting as well as those voting. 
  6 Cannon Sec. Sec. 641, 671; Deschler Ch 20 Sec. 7.7.
      Where, following a timely point of order, the Chair announces that 
  a quorum is not present, a motion that the Committee of the Whole rise 
  is in order and does not require a quorum for adoption. 8 Cannon 
  Sec. 2369; Deschler Ch 20 Sec. 7.13. If a quorum develops on a 
  negative vote on the motion to rise, the Committee of the Whole 
  proceeds with its business. 6 Cannon Sec. Sec. 670, 671; 8 Cannon 
  Sec. 2369. For a discussion of motions to rise generally, see 
  Sec. Sec. 26-28, infra.
      Clause 6 of rule XVIII sharply limits the circumstances under 
  which a point of order of no quorum may be raised once the House has 
  resolved into Committee. After a quorum has been established in the 
  Committee of the Whole on any given day (by quorum call or recorded 
  vote), the Chair may not thereafter entertain a point of order that a 
  quorum is not present unless (1) the Committee of the Whole is 
  operating under the five-minute rule (which has been interpreted to 
  include any ``modified-closed'' amendment process under the terms of a 
  special order of business) and (2) the Chair has put the pending 
  motion or proposition to a vote. Manual Sec. 982. During general 
  debate, there is no requirement of a quorum; but the Chair is given 
  the discretion to recognize for a point of order of no quorum. Clause 
  6(b)(1) of rule XVIII.
      The Chair must entertain a point of order of no quorum during the 
  five-minute rule if a quorum has not yet been established in the 
  Committee of the Whole on the bill then pending; the fact that a 
  quorum of the Committee has previously been established on another 
  bill on that day is irrelevant. Manual Sec. 982. This precedent 
  applies even when a measure is considered in the Committee of the 
  Whole under a modified-closed rule that specifies the amendments that 
  may be offered and establishes the time for their debate, such rule 
  declaring the measure read for amendment under the five-minute rule. 
  Where a recorded vote on a prior amendment or motion during the five-
  minute rule on that bill on that day has established a quorum, a 
  subsequent point of order of no quorum during debate is precluded 
  except by unanimous consent. Manual Sec. 982.


  Sec. 10 . First Reading

      When a bill is taken up in the Committee of the Whole, clause 5(a) 
  of rule XVIII requires its reading in full before general debate 
  begins, unless such reading has been properly dispensed with by 
  unanimous consent or by a special order of business adopted in the 
  House. The first reading is normally dispensed with in this manner. 
  Manual Sec. 942. A motion to dispense with the first reading of the 
  bill is not in order. 8 Cannon Sec. Sec. 2335, 2436.


  Sec. 11 . General Debate

                           Control by the House

      The duration and allocation of time for general debate in 
  Committee of the Whole is controlled by the House, not the Committee. 
  91-2, Dec. 17, 1970, p 42222. The Committee may not, even by unanimous 
  consent, extend the general debate time as fixed by the House. Manual 
  Sec. Sec. 979, 993a.
      The control of the House over general debate time in the Committee 
  of the Whole may be exercised through a unanimous-consent request or 
  through the adoption in the House of a special order of business. See, 
  e.g., Deschler-Brown Ch 29 Sec. Sec. 76.1, 76.7. Where the House has 
  divided general debate time among certain Members, it is not in order 
  for a Member to whom time has been yielded to ask unanimous consent 
  for additional time because time is controlled by those to whom it is 
  allotted by the House and is not subject to extension by the Committee 
  of the Whole. Manual Sec. 979. However, time may be reallocated by 
  unanimous consent among committees controlling debate time pursuant to 
  an order of the House.
      When the House has vested control of general debate in the 
  Committee of the Whole in certain Members, their control may not be 
  abrogated during that debate by another Member moving to rise, unless 
  one of them yields for that purpose, nor may Members yielded time in 
  general debate yield to another for such motion. Manual Sec. 334.

                               The Hour Rule

      In the absence of a House order limiting general debate in 
  Committee of the Whole, debate in the Committee of the Whole is under 
  the hour rule. A Member having control of such time may not consume 
  more than one hour. Manual Sec. 978.
      Prior to 1841 there was no limit on the time that a Member might 
  occupy when in possession of the floor in the Committee of the Whole. 
  This practice hindered the ability of the Committee of the Whole to 
  complete action on bills. 5 Hinds Sec. 5221. In that year the rule of 
  the House that no Member could speak for more than one hour was 
  applied to the Committee of the Whole. Manual Sec. Sec. 957, 978. This 
  one-hour limitation applies to each Member recognized to speak in the 
  Committee of the Whole. Deschler Ch 19 Sec. 15. However, a Member 
  recognized for one hour of debate may yield time to a Member who has 
  just occupied an hour. 8 Cannon Sec. 2470.

                               Yielding Time

      Members managing general debate under the hour rule in Committee 
  of the Whole may yield any portion of their time to another Member, 
  who may in turn yield to a third Member. 8 Cannon Sec. 2553. Of 
  course, if the first Member retains control of the floor, yielding to 
  a second Member only for a question, it is the first Member who would 
  subsequently yield to a third. Deschler Ch 19 Sec. 15. Conversely, 
  where a matter is being debated pursuant to a special order of 
  business vesting control of the time for debate in certain Members, 
  one of those Members may yield a specific block of time to a second 
  Member, in which case the second Member may yield to a third (although 
  not a block of time), and permission of the first Member is not 
  necessary. Deschler Ch 19 Sec. 15.
      Members may speak in general debate on a bill as many times as 
  they are yielded to by those in control of the debate. Manual 
  Sec. 959; Deschler Ch 19 Sec. 15.8. Those in control of such debate 
  time may yield as many times as they desire to whom they desire. 
  Deschler Ch 19 Sec. 15.4.


  Sec. 12 . --Closing General Debate

      The right to close general debate inures to the majority manager 
  of the primary committee who has opened. Manual Sec. 979. General 
  debate in Committee of the Whole is closed or terminated pursuant to 
  an order of the House or sooner if no Member desires to participate 
  further. Manual Sec. 978; 4 Hinds Sec. 4745; 5 Hinds Sec. 5221. 
  Amendments may not be offered in the Committee of the Whole until 
  general debate has been closed or yielded back, and motions for the 
  disposition of the pending bill are not in order before that time. 4 
  Hinds Sec. Sec. 4744, 4778; 5 Hinds Sec. 5221. However, those Members 
  in control of the time for general debate need not use all of the time 
  for the purpose prescribed by House order. Rather, they may agree 
  among themselves to close further general debate, yield their 
  remaining time, and allow consideration of the bill under the five-
  minute rule to begin. Deschler-Brown Ch 29 Sec. 76.1.
      For general discussion of the practice of limiting or closing 
  general debate, see Consideration and Debate.


  Sec. 13 . Debate Under the Five-minute Rule; Amendments

                                 Generally

      Amendments to measures pending in Committee of the Whole are in 
  order following the close of general debate. Deschler Ch 19 Sec. 15. 
  Amendments are offered under the so-called five-minute rule. This rule 
  provides that any Member ``shall be allowed'' five minutes to explain 
  any amendment such Member may offer, after which the Member who first 
  obtains the floor is allowed five minutes to oppose it. Manual 
  Sec. Sec. 978, 980. Thereafter, a Member may obtain five minutes for 
  debate by offering a pro forma amendment ``to strike the last word.'' 
  No actual change in text is contemplated by the offering of such 
  amendment. Manual Sec. 981. For a discussion of pro forma amendments 
  generally, see Sec. 14, infra. Members may extend their time beyond 
  five minutes by unanimous consent. 112-2, Feb. 1, 2012, p__.
      The Committee of the Whole may not, even by unanimous consent, 
  prohibit the offering of an amendment otherwise in order under the 
  five-minute rule. 98-2, July 31, 1984, p 21701. To guard against abuse 
  of the rule by Members offering an amendment for the sole purpose of 
  gaining debate time (5 Hinds Sec. 5221), the rule also provides that 
  amendments may be withdrawn only by unanimous consent. Manual 
  Sec. 978.
      The five-minute rule is applicable to amendments that are offered 
  to amendments. Manual Sec. 978. However, where an amendment to a bill 
  has been offered, the right to explain or oppose that amendment has 
  precedence over a motion to amend it. 4 Hinds Sec. 4751.
      Under the modern practice of the House, bills increasingly are 
  considered in the Committee of the Whole under a ``modified-closed'' 
  amendment process. Such process vitiates, in part, the five-minute 
  rule by considering the bill as having been read for amendment, 
  restricting amendments that may be offered, and by limiting and 
  controlling debate time on amendments made in order.
      Limiting or closing five-minute debate, see Consideration and 
  Debate.

                  Yielding Time During Five-minute Debate

      Members who have been recognized for debate under the five-minute 
  rule may not yield time to another Member for that Member to control. 
  100-1, Dec. 10, 1987, p 34686. Although Members recognized in debate 
  under the rule may yield to other Members while retaining control of 
  the time, they may not yield designated amounts of time. 5 Hinds 
  Sec. Sec. 5036, 5037; Deschler Ch 19 Sec. 15. They may not yield to 
  another Member to offer an amendment. 93-1, Dec. 14, 1973, p 41716; 
  94-2, Sept. 8, 1976, p 29243.
      Where debate on an amendment is limited or allocated by a special 
  order of business, or by the Chair, to a proponent and an opponent, 
  the Members controlling the debate may yield and reserve time; but 
  debate time on an amendment under the five-minute rule cannot be 
  reserved. Manual Sec. 980.

                           Reading for Amendment

      In Committee of the Whole, bills are read for amendment by section 
  pursuant to a practice dating from 1789, because each section normally 
  contains a substantive legislative provision. Manual Sec. 980. General 
  appropriation bills, on the other hand, are ordinarily read by 
  paragraphs, because such bills are normally drafted so that each 
  paragraph contains an appropriation. However, whether a bill shall be 
  read by paragraphs, sections, or titles is determined by unanimous 
  consent or special order of business reported by the Committee on 
  Rules, which may provide that the bill is to be ``considered as read'' 
  and open to amendment at any point. Changing the reading cannot be 
  accomplished by motion. Manual Sec. 980; Deschler Ch 21 Sec. 25.
      When a paragraph or section has been passed in the reading, it is 
  not in order to return thereto except by unanimous consent. Manual 
  Sec. 980. However, the Chair may direct a return to a section where, 
  through inadvertence, no action was taken on a pending amendment. 4 
  Hinds Sec. 4750.


  Sec. 14 . --Pro Forma Amendments

                                 Generally

      Pro forma amendments have been permitted in the Committee of the 
  Whole since at least as early as 1868, when they were used during the 
  consideration of articles of impeachment against President Andrew 
  Johnson. 5 Hinds Sec. 5778. Pro forma amendments are those offered 
  during debate under the five-minute rule to make some ostensible 
  change in a measure--by tradition ``to strike the last word''--where 
  the underlying purpose is to obtain time for debate or to offer an 
  explanation, no actual change in the measure being contemplated. 
  Manual Sec. 981; Deschler Ch 19 Sec. 15.

                               When in Order

      Like substantive amendments, pro forma amendments are in order 
  following the reading of a section or paragraph of the pending measure 
  and are liberally permitted during debate under the five-minute rule. 
  See Amendments. A Member who has expended five minutes on a pro forma 
  amendment may not lengthen this time by making another pro forma 
  amendment at that point in the reading. 5 Hinds Sec. 5222; 8 Cannon 
  Sec. 2560; Deschler Ch 19 Sec. 15. A Member who has offered a 
  substantive amendment and then debated it for five minutes may not 
  extend the time by offering a pro forma amendment, as it is not in 
  order to amend one's own amendment except by unanimous consent. Manual 
  Sec. 981. Conversely, a Member recognized on a pro forma amendment may 
  not automatically extend the time by offering a substantive amendment, 
  not having been recognized for that purpose. Deschler Ch 19 
  Sec. 15.11.
      Pro forma amendments are not in order when a bill is being 
  considered under a ``closed'' or ``modified-closed'' rule prohibiting 
  all amendments or permitting only certain amendments, unless the rule 
  specifies to the contrary. Deschler-Brown Ch 29 Sec. 77.20. Similarly, 
  the offering of a pro forma amendment requires unanimous consent after 
  a substitute has been adopted and before the vote on the amendment, as 
  amended, because the amendment has been amended in its entirety; and 
  no further amendments, including pro forma amendments, are in order. 
  Manual Sec. 981. A special order of business that precludes second-
  degree amendments necessarily precludes pro forma amendments. 112-1, 
  July 21, 2011, p 11751.


  Sec. 15 . Relevancy in Debate

      Latitude in general debate is normally limited by a special order 
  of business from the Committee on Rules or other order of the House, 
  which routinely confines general debate to the subject of the measure. 
  Manual Sec. 948. Latitude in debate under the five-minute rule is 
  limited by clause 5(a) of rule XVIII, which permits five minutes to 
  ``explain'' an amendment and five minutes to speak ``in opposition'' 
  to the amendment. Manual Sec. 978. For a more thorough discussion of 
  relevancy of debate in the Committee of the Whole, see Consideration 
  and Debate.


  Sec. 16 . Calling Members to Order

      Jefferson suggested that, as a matter of parliamentary law, to 
  avert the ``danger of a decision by the sword'' in the Committee of 
  the Whole, the Speaker could take the Chair to restore order. Manual 
  Sec. 331. In several early instances, the Speaker did in fact exercise 
  this authority. 2 Hinds Sec. Sec. 1648-1652. Under the modern 
  practice, the Chair directs the Committee of the Whole to rise and 
  report to the House when objections have been made to words spoken in 
  debate. Manual Sec. 971; Cannon Sec. Sec. 2533, 2538; Deschler Ch 19 
  Sec. 17.
      Under this procedure, a Member loses control of the floor when 
  called to order by the Chair. Deschler Ch 19 Sec. 17.1. The Chair or 
  any Member may cause the words to be taken down at the Clerk's desk 
  and read in the Committee of the Whole, which then rises automatically 
  without debate. 8 Cannon Sec. Sec. 2533, 2538, 2539. The words are 
  then reported to the House and are again read. 2 Hinds Sec. Sec. 1257-
  1259. The words reported are then taken up in the House, with 
  consideration being limited to the words reported. 8 Cannon Sec. 2528. 
  The Member uttering the words may withdraw them in the Committee of 
  the Whole or in the House only by unanimous consent. 8 Cannon 
  Sec. Sec. 2528, 2538, 2540; Deschler Ch 19 Sec. 17.7. If the words are 
  not withdrawn, the Speaker rules on whether the words are 
  unparliamentary (Deschler Ch 19 Sec. 17.5), and such ruling is subject 
  to appeal (Manual Sec. Sec. 629, 961; 5 Hinds Sec. Sec. 5157, 5178, 
  5194; Deschler-Brown Ch 29 Sec. 50.8). Withdrawal of a demand that 
  words be taken down is a matter of right and does not require 
  unanimous consent.
      If a Member's words are ruled out of order, motions in the House 
  to strike unparliamentary words from the Congressional Record and to 
  permit the offending Member to proceed in order are available before 
  the Committee of the Whole resumes its sitting. Instances of disorder 
  during debate in the Committee of the Whole may be disposed of in the 
  House pursuant to a motion to expunge the offending language from the 
  Congressional Record (8 Cannon Sec. Sec. 2538, 2539) or, in especially 
  flagrant instances, pursuant to a resolution of censure (2 Hinds 
  Sec. Sec. 1257, 1259). However, censure as a matter of decorum is not 
  a remedy available for words spoken if debate or business has 
  intervened. Clause 4(b) of rule XVII.
      After disposition of the matter in the House, the Committee of the 
  Whole automatically resumes its sitting. Manual Sec. 961; 8 Cannon 
  Sec. 2541; Deschler Ch 19 Sec. 17.5.
      For general discussion of disorder in debate, see Consideration 
  and Debate.


  Sec. 17 . Voting

      The methods and procedures by which Members vote in Committee of 
  the Whole are prescribed by the rules of the House, particularly rule 
  XX and clause 6 of rule XVIII. They include:

     Voice vote--Based on volume of sound of Members responding aye 
         or no. Clause 6 of rule I; Manual Sec. 630.
     Division vote--May be invoked by the Chair or any Member, and 
         is in order following a voice vote. Under this procedure, 
         Members indicate their desire to be counted (usually by 
         standing), first those voting in the affirmative, then those 
         voting in the negative. Clause 1 of rule XX; Manual Sec. 1012.
     Recorded vote--The Members insert a personalized electronic 
         voting card to be recorded as ``yea,'' ``nay,'' or ``present.'' 
         The request for such a vote must be supported by at least 25 
         Members. A recorded vote may be preceded by a point of order of 
         no quorum, which requires the Chair to first count for 100 
         Members. Clause 6 of rule XVIII; Manual Sec. Sec. 982, 983. The 
         Chair's count is not subject to challenge. Manual Sec. 629.
     Record vote by tellers or a ``roll call''--During a record 
         vote by tellers, the Members cast their votes by depositing a 
         signed green (aye) or red (no) card in a ballot box. Clause 4 
         of rule XX; Manual Sec. 1019. During a ``roll call'' the Chair 
         directs the Clerk to call the roll alphabetically. Clause 3 of 
         rule XX; Manual Sec. 1015. These procedures have been 
         supplanted by the use of the electronic voting equipment and 
         are used primarily as a backup voting system when that 
         equipment becomes inoperative.

      A vote by the yeas and nays, which may be demanded in the House 
  under the Constitution or obtained automatically under clause 6 of 
  rule XX, is not in order in Committee of the Whole. Manual 
  Sec. Sec. 76, 1026.
      Under clause 6(g) of rule XVIII, the Chair may postpone a request 
  for a recorded vote on any amendment; and may resume proceedings on 
  that request at any time (even when another amendment is pending). An 
  electronic vote ordered on the postponed request may be reduced to not 
  less than two minutes, provided the first vote in a series is 15 
  minutes. Manual Sec. 984. Pursuant to clause 6(g)(2) of rule XVIII, 
  the Chair has discretion to conduct two-minute votes on any postponed 
  questions taken without intervening debate when the Committee of the 
  Whole resumes its sitting. Manual Sec. 984. In the 113th Congress, 
  clauses 8 and 9 of rule XX were amended to permit the House to conduct 
  a five-minute vote immediately following a report of the Committee of 
  the Whole in certain circumstances. 113-1, Jan. 3, 2013, p__; Manual 
  Sec. 1030.
      For a discussion of voting procedures generally, see Voting.


  Sec. 18 . Points of Order

                                 Generally

      In the Committee of the Whole, questions of order relating to 
  procedure (except for words taken down) are decided by the Chair, not 
  the Speaker. Manual Sec. 971; 5 Hinds Sec. Sec. 6927, 6928; Deschler 
  Ch 19 Sec. 19. The Speaker cannot rule on a point of order arising in 
  the Committee of the Whole unless the point of order is reported to 
  the House for a decision. 5 Hinds Sec. 6987. Appeals from a decision 
  of the Chair on a point of order are ordinarily resolved in the 
  Committee of the Whole, but in rare cases an appeal from a decision on 
  a point of order may be reported to the House for its determination. 4 
  Hinds Sec. 4783.
      Debate on a point of order raised in the Committee of the Whole is 
  within the discretion of the Chair and must be confined to the point 
  of order. Deschler Ch 19 Sec. 19.2.

                               When in Order

      Generally, points of order in the Committee of the Whole against a 
  provision in a bill or amendment are properly made when that provision 
  or amendment is reached in the reading. For a discussion of points of 
  order in the Committee of the Whole against provisions in general 
  appropriation bills and amendments thereto, see Manual Sec. 1044. A 
  point of order against an amendment comes too late after there has 
  been debate on the amendment (Manual Sec. 924) or when the amendment 
  has been reported to the House (92-2, June 1, 1972, pp 19479, 19483). 
  However, clauses 4 and 5(a) of rule XXI permit the raising ``at any 
  time'' of a point of order against a legislative bill carrying an 
  appropriation or a tax or tariff if the bill was reported by a 
  committee not having jurisdiction to report such matters. Manual 
  Sec. Sec. 1065, 1066; see also Appropriations.
      Points of order against consideration of bills are properly raised 
  in the House pending resolution into the Committee and may not 
  subsequently be raised in Committee of the Whole. Deschler Ch 19 
  Sec. 20. This rule has been applied to points of order against 
  consideration of the measure for:

     Violations of committee reporting requirements, such as the 
         Ramseyer rule (that proposed changes in law be indicated 
         typographically). Manual Sec. 846; Deschler Ch 19 
         Sec. Sec. 20.1-20.3.
     Availability requirements prior to floor consideration of 
         measures. Manual Sec. 850.

      For points of order generally, see Points of Order; Parliamentary 
  Inquiries; for points of order relating to particular measures or 
  matters, see Appropriations, Budget Process, and Conferences Between 
  the Houses.


  Sec. 19 . Unfinished Business

      Business unfinished when the Committee of the Whole rises remains 
  unfinished, to be considered first in order when the House next goes 
  into the Committee to consider that business. 4 Hinds Sec. Sec. 4735, 
  4736; see also Unfinished Business. Thus, when the Committee of the 
  Whole rises before the time fixed for debate expires, debate continues 
  when the Committee resumes its deliberations. Deschler Ch 19 
  Sec. 26.1. When the Committee of the Whole rises during consideration 
  of an amendment, that amendment remains pending when the Committee of 
  the Whole next considers the measure. 112-1, July 27, 2011, p 12252. 
  When a recommendation of the Committee of the Whole that the enacting 
  clause of a bill be stricken is rejected by the House, the House, 
  without motion, resolves itself into the Committee for the further 
  consideration of the bill. Deschler Ch 19 Sec. 26.2.
      Absent a special order of business to the contrary, when the 
  Committee of the Whole rises on the adoption of a simple motion to 
  rise, a bill pending at that time remains the unfinished business for 
  subsequent consideration in the Committee. Manual Sec. 977. Similarly, 
  if such a motion intervenes pending a request for a recorded vote, 
  that request remains the pending business upon resumption of 
  consideration of the bill in Committee. Deschler-Brown Ch 30 
  Sec. 33.15.


                          C. Motions in Committee


  Sec. 20 . In General

                             Motions Permitted

      The principal motions used in Committee of the Whole are as 
  follows:

     Motions to amend under the five-minute rule. Manual Sec. 978; 
         see also Sec. 13, supra.
     Motions to close five-minute debate. Manual Sec. 987; see also 
         Consideration and Debate.
     Motions relating to the enacting clause. Manual Sec. 988; see 
         also Sec. 22, infra.
     Motions to rise. Deschler Ch 19 Sec. 22; see also Sec. 26, 
         infra.

                          Motions Not Entertained

      The Committee of the Whole may not entertain motions involving 
  functions properly performed by the House. Of the motions specified by 
  clause 4 of rule XVI--to adjourn, to lay on the table, for the 
  previous question, to postpone, to refer, or to amend--only the motion 
  to amend is authorized in the Committee of the Whole. Manual Sec. 911. 
  The Committee may not entertain a motion to:

     Limit general debate (as distinguished from five-minute 
         debate). Deschler Ch 19 Sec. 2; for a general discussion, see 
         Consideration and Debate.
     Close general debate. Manual Sec. 979; 5 Hinds Sec. 5217.
     Dispense with the reading of a bill unless authorized pursuant 
         to a special order of business from the Committee on Rules. 
         Deschler Ch 19 Sec. 2.11.
     Return to a section of the bill passed in the reading. 
         Deschler Ch 19 Sec. 2.10.
     Effect a conference or instruct conferees. 8 Cannon 
         Sec. Sec. 2319, 2320; Deschler Ch 19 Sec. 2.
     Order a call of the House. 8 Cannon Sec. 2369.
     Expunge remarks from the Record. Deschler Ch 19 Sec. 3.2.
     Order the previous question. 4 Hinds Sec. 4716; Deschler Ch 19 
         Sec. 2.6.
     Suspend the rules. 113-2, May 28, 2014, p__.
     Reconsider. 4 Hinds Sec. Sec. 4716-4718; 8 Cannon 
         Sec. Sec. 2324, 2325; Deschler Ch 19 Sec. 2.5.
     Recommit. 4 Hinds Sec. 4721; 8 Cannon Sec. 2326.
     Postpone or rise and resume sitting on a day certain. Manual 
         Sec. 915; Deschler Ch 19 Sec. 22.2.
     Lay on the table. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon 
         Sec. 2330; Deschler Ch 19 Sec. 2.7.
     Recess (absent permission of the House). 5 Hinds 
         Sec. Sec. 6669-6671; 8 Cannon Sec. 3357; Deschler Ch 19 Sec. 2.
     Adjourn. Deschler Ch 19 Sec. 2.4.

                     Motions Recommending House Action

      As noted above, the motions to postpone, recommit, or lay on the 
  table are not in order in the Committee of the Whole. However, under 
  certain circumstances, the Committee of the Whole may entertain a 
  motion to rise and report with the recommendation that the House 
  entertain such an action. Whether such a motion will or will not lie 
  in the Committee of the Whole is ordinarily determined by the terms of 
  the special order of business under which the measure is being 
  considered. Under the modern practice, a special order of business 
  normally provides that after consideration the Committee of the Whole 
  shall rise and report the measure to the House, with the previous 
  question to be considered as ordered on the bill and amendments 
  thereto to final passage. In that case, the Committee of the Whole may 
  not report to the House a recommendation that the bill be recommitted. 
  Deschler Ch 19 Sec. 23.12. In the exceptional circumstance where this 
  language is not included in the special order of business, the 
  Committee of the Whole may entertain a motion to rise and report with:

     A recommendation that the consideration of the bill be 
         postponed. 4 Hinds Sec. Sec. 4765, 4774; 8 Cannon Sec. 2372; 
         Deschler Ch 19 Sec. 22.
     A recommendation that the bill be referred or recommitted. 4 
         Hinds Sec. 4774; Deschler Ch 19 Sec. 23.12.
     A recommendation that the bill lie on the table. 4 Hinds 
         Sec. 4777.

                    Requirement That Motions Be Written

      Although motions made in the Committee of the Whole are often put 
  forward orally, any Member may demand that a motion be made in 
  writing. See, e.g., Deschler Ch 19 Sec. 2.1.

                                Withdrawal

      A motion may be withdrawn in the Committee of the Whole only by 
  unanimous consent. Deschler Ch 23 Sec. 2.10. Clause 5(a) of rule XVIII 
  specifically prohibits the withdrawal of an amendment except by 
  unanimous consent, whether or not debate has proceeded. 5 Hinds 
  Sec. 5221; 8 Cannon Sec. 2859. This principle has also been applied to 
  the motion to close debate under the five-minute rule (8 Cannon 
  Sec. 2564) and to the motion to recommend the striking of the enacting 
  clause (98-1, July 29, 1983, p 21675).


  Sec. 21 . Precedence of Motions

                              Motions to Rise

      The simple motion to rise is of highest privilege. Manual 
  Sec. Sec. 334, 983; Deschler Ch 19 Sec. Sec. 23.1, 23.2. It takes 
  precedence over motions to amend (Manual Sec. 983; Hinds Sec. 4770) 
  and over amendments pending under the five-minute rule (Deschler Ch 19 
  Sec. 23.3), though it may not interrupt other Members in debate 
  (Deschler Ch 19 Sec. 23.6; Sec. 26, infra). The motion takes 
  precedence over a demand for a recorded vote on a pending amendment 
  (97-1, July 15, 1981, p 15921), and over a point of order of no quorum 
  pending such a demand (see 95-1, Sept. 21, 1977, p 30126). The motion 
  is in order pending the Chair's count of a quorum (Deschler Ch 19 
  Sec. 23.5) and pending a decision of the Chair on a point of order 
  (Deschler Ch 19 Sec. 23.7). The simple motion to rise also takes 
  precedence over a pending motion to rise and report with the 
  recommendation that the enacting clause be stricken. Deschler Ch 19 
  Sec. 23.13.

                  Motion Relating to the Enacting Clause

      The motion that the Committee of the Whole rise and report to the 
  House with the recommendation that the enacting clause be stricken is 
  of high privilege. Deschler Ch 19 Sec. 10.4. The motion is 
  preferential because, if adopted, it constitutes a final disposition 
  of the bill in the Committee of the Whole. Deschler Ch 19 Sec. 11.11 
  (note). The motion may be offered where another Member seeks 
  recognition to offer an amendment (Deschler-Brown Ch 29 Sec. 12.13) or 
  when an amendment is pending. However, the motion may not interrupt 
  debate. Manual Sec. 989. The motion also takes precedence over a 
  motion to limit debate (Manual Sec. 989) and over a motion to rise and 
  report with a favorable recommendation (8 Cannon Sec. 2620). See also 
  Sec. 22, infra.

                             Motions to Amend

      With one exception, a motion to amend a bill takes precedence over 
  a motion to rise and report the bill. 4 Hinds Sec. Sec. 4752-4758; 8 
  Cannon Sec. 2364; Deschler Ch 19 Sec. 23.14. The exception is in 
  clause 2(d) of rule XXI, which specifies that when a general 
  appropriation bill has been read for amendment, a motion to rise and 
  report, if offered by the Majority Leader or a designee, takes 
  precedence over an amendment.
      The initial right of the proponent to explain an amendment offered 
  under the five-minute rule, or of a Member to rise in opposition 
  thereto, takes precedence over a motion to amend that amendment. 4 
  Hinds Sec. 4751.


  Sec. 22 . Motion Relating to Enacting Clauses

                Generally; Effect of Rejection or Adoption

      Every bill that becomes law contains the phrase: ``Be it enacted 
  by the Senate and House . . . in Congress assembled. . . .'' It is in 
  order to move that the Committee of the Whole rise and report a bill 
  back to the House with the recommendation that this clause, known as 
  the enacting clause, be stricken. 5 Hinds Sec. Sec. 5326-5346; 8 
  Cannon Sec. Sec. 2618-2638; Deschler Ch 19 Sec. 10. Such a motion is 
  not, strictly speaking, an amendment, because it can be dispositive of 
  the entire bill. See Deschler Ch 19 Sec. 10 (note 13). If the House 
  agrees to the recommendation, its action is equivalent to a rejection 
  of the bill. Manual Sec. 988; 5 Hinds Sec. 5326; Deschler Ch 19 
  Sec. 10.6. If the House rejects the recommendation, it automatically 
  resolves itself back into the Committee of the Whole for the further 
  consideration of the bill. Deschler Ch 19 Sec. 10.9; see also Sec. 30, 
  infra.
      The motion must be in writing and in the proper form. Manual 
  Sec. 988; Deschler Ch 19 Sec. 10.2.

      Member: I move that the Committee of the Whole do now rise and 
    report the bill to the House with the recommendation that the 
    enacting clause (or the resolving clause) be stricken.

      Motions that deviate from this form are subject to a point of 
  order. Deschler Ch 19 Sec. 10.3. Thus, a simple motion to strike the 
  enacting clause, although at one time permitted in the Committee of 
  the Whole, is, under the modern practice, not in proper form and not 
  in order. 5 Hinds Sec. 5332; Deschler Ch 19 Sec. 10.1. A motion to 
  strike ``all after the enacting clause'' is likewise out of order. 
  Deschler Ch 19 Sec. 10.3. The recommendation that the enacting clause 
  be stricken may not be combined with a provision that the bill be 
  recommitted to a committee. Deschler Ch 19 Sec. 10.10.

                    Application to Particular Measures

      The motion that the Committee of the Whole rise and report to the 
  House the recommendation that the enacting clause be stricken is also 
  applicable to the enacting clause of a Senate-passed bill. Deschler Ch 
  19 Sec. 10.14. The motion has also been used to recommend the striking 
  of the resolving clause of a simple resolution (Deschler Ch 19 
  Sec. 11.10), the resolving clause of a concurrent resolution on the 
  budget (96-1, May 9, 1979, p 10490), and the resolving clause of a 
  joint resolution (Deschler Ch 19 Sec. 11.4).

                          Who May Offer or Oppose

      A Member offering the motion to rise and report with the 
  recommendation that the enacting clause be stricken must qualify as 
  being opposed to the bill when challenged. A Member in favor of the 
  bill may not offer the motion. Manual Sec. 989; Deschler Ch 19 
  Sec. 12.2. A challenge being made by another Member, the Member 
  offering the motion must declare opposition to the bill. Deschler Ch 
  19 Sec. 12.1. Generally, in recognizing a Member for the motion, the 
  Chair will accept the statement that such Member is opposed to the 
  bill. Deschler Ch 19 Sec. 12.5. Similar rules are applied with respect 
  to the qualification of a Member to oppose the motion. To obtain 
  recognition to oppose the motion, a Member must qualify by stating 
  opposition thereto. Deschler Ch 19 Sec. 12.11.
      The practice of offering the motion merely to obtain time for 
  debate, though subject to criticism, has been permitted. Deschler Ch 
  19 Sec. Sec. 12.8-12.10. In fact, under the modern practice, extending 
  debate is usually the intent of the offeror, who then withdraws the 
  motion by unanimous consent.

                           Repetition of Motion

      A second motion on the same day to recommend the striking of the 
  enacting clause is not entertained in the absence of any material 
  modification of the bill. 8 Cannon Sec. 2636; Deschler Ch 19 
  Sec. Sec. 14.1, 14.2. Thus, a second motion is in order if the bill 
  has been amended since disposition of the first motion (Deschler Ch 19 
  Sec. 14.4) but is not in order if the only action of the Committee of 
  the Whole in the interim has been the rejection of a proposed 
  amendment to the bill (Deschler Ch 19 Sec. 14.5). If the first such 
  motion is withdrawn by unanimous consent, a second motion relating to 
  the enacting clause is in order. Manual Sec. 989; Deschler Ch 19 
  Sec. 14.7. The motion may be renewed on a subsequent day regardless of 
  any modification of the bill. Deschler Ch 19 Sec. 14.8.


  Sec. 23 . --When in Order

      The motion that the Committee of the Whole rise and report with 
  the recommendation that the enacting clause be stricken is not in 
  order during general debate on the measure. Deschler Ch 19 Sec. 10. 
  The motion is in order only after the Clerk has begun reading the bill 
  for amendment under the five-minute rule (Deschler Ch 19 Sec. 11.2), 
  assuming that another Member has not obtained the floor for purposes 
  of debate (96-1, June 13, 1979, p 14710). The motion is no longer in 
  order when the stage of amendment is passed. The stage of amendment is 
  passed in the Committee where a bill is being considered under a rule 
  permitting only committee amendments, and where no committee amendment 
  is offered at the conclusion of general debate. Manual Sec. 989. The 
  adoption of an amendment in the nature of a substitute also may 
  foreclose the opportunity to offer the motion. Deschler Ch 19 
  Sec. 11.6. Where a special order permits only specified amendments to 
  an amendment in the nature of a substitute made in order as original 
  text, the motion is in order even after disposition of the specified 
  amendments. 112-1, Nov. 30, 2011, p 18465.


  Sec. 24 . --Debate

                        Generally; Time Limitations

      The debate on a motion that the Committee of the Whole rise and 
  report with the recommendation that the enacting clause be stricken is 
  governed by the five-minute rule. 5 Hinds Sec. Sec. 5333-5335; 8 
  Cannon Sec. Sec. 2628-2631; Deschler Ch 19 Sec. 13. Debate on the 
  motion is thus limited to 10 minutes, five minutes in favor and five 
  minutes in opposition. Deschler Ch 19 Sec. 13.1. The Chair has 
  declined to recognize for requests to extend the five minutes 
  (Deschler Ch 19 Sec. 13.2), and a Member may not merge the time with 
  time made available to debate the remainder of the bill and amendments 
  thereto (Deschler-Brown Ch 29 Sec. 31.33). Debate is limited to two 
  five-minute speeches even if the proponent and the Member in 
  opposition both speak in favor of the motion. Deschler Ch 19 
  Sec. 13.3. The Chair will not announce in advance who will be 
  recognized in opposition to the motion. Manual Sec. 989.
      Time may not be reserved. Where a Member recognized for five 
  minutes in opposition to the motion yields back the time, another 
  Member may not claim the unused portion thereof. Manual Sec. 989.
      Members of the committee managing the bill have priority in 
  recognition for debate in opposition to the motion. Manual Sec. 989.

                  Effect of Limitation of Time for Debate

      A limitation of all debate time on a bill and amendments thereto 
  to a time certain does not preclude debate on a motion to recommend 
  the striking of the enacting clause during the time remaining under 
  the limitation. 97-1, Oct. 5, 1981, p 23154. However, the motion is 
  not debatable after all time for debate on the bill and all amendments 
  thereto has expired. Deschler Ch 19 Sec. 13.7. On the other hand, 
  where debate has been closed only as to amendments to a bill, and not 
  on the bill itself, a Member offering the motion to strike the 
  enacting clause is entitled to five minutes to debate that motion. 
  Deschler-Brown Ch 29 Sec. 6.28. A similar practice is followed where 
  the limitation is only on an amendment in the nature of a substitute 
  being read as an original bill for the purpose of amendment under a 
  special order of business. Manual Sec. 989.

                              Scope of Debate

      Since the motion to rise and report with the recommendation that 
  the enacting clause be stricken applies to the entire bill, debate may 
  be directed to any part of the bill--or to a pending amendment--and 
  need not be confined to the merits of the preferential motion. 
  Deschler-Brown Ch 29 Sec. 37.11. Thus, the motion may be used by a 
  Member to secure five minutes to debate a pending amendment 
  notwithstanding a limitation of time for debate on the pending 
  amendment and all amendments thereto. Deschler-Brown Ch 29 Sec. 37.8. 
  However, debate on the motion may not include matters beyond the 
  provisions of the bill. 5 Hinds Sec. 5336.


                     D. Rising; Reporting to the House


  Sec. 25 . Generally

                 Formal and Informal Rising Distinguished

      When the Committee of the Whole terminates or suspends its 
  proceedings, it ``rises,'' either formally or informally. Deschler Ch 
  19 Sec. 21.1. When the Committee of the Whole rises formally, it 
  normally does so by motion or by operation of a special order of 
  business. Sec. 26, infra. When the Committee of the Whole rises 
  informally, it does so at the discretion of the Chair without a formal 
  motion from the floor. Deschler Ch 19 Sec. 21.1. The former practice 
  included rising by unanimous consent. 4 Hinds Sec. 4788.
      The Committee of the Whole may rise informally to permit the House 
  to transact administrative business, such as to swear in a Member, to 
  receive a message, or to lay down a signed enrolled bill. Manual 
  Sec. 330; Deschler Ch 19 Sec. 21.1. Having no power to receive a 
  message, the Committee of the Whole rises informally to permit the 
  House to do so. Manual Sec. 330; 4 Hinds Sec. 4786. At this rising, 
  the House may not have the message read or transact other business 
  except by unanimous consent. 4 Hinds Sec. Sec. 4787-4791. The Chair 
  will not entertain unanimous-consent requests that do not pertain to 
  the message received during the informal rising. 106-2, Apr. 6, 2000, 
  p 4778.

                   Effect of Special Orders of Business

      The Committee of the Whole rises automatically without motion when 
  it rises pursuant to a special order of business providing that at the 
  conclusion of consideration of the bill for amendment the Committee of 
  the Whole ``shall'' rise and report back to the House (94-1, July 30, 
  1975, p 25881) or pursuant to a House order limiting general debate to 
  a time certain and providing that the Committee rise at the conclusion 
  of that time (Deschler Ch 19 Sec. 21.3). However, a motion to rise is 
  required to enable the Committee of the Whole to rise prior to the 
  time fixed by the applicable special order of business. 7 Cannon 
  Sec. 793.


  Sec. 26 . Motions to Rise

                             Generally; Forms

      In the Committee of the Whole, the motion takes two forms: (1) the 
  simple motion to rise and (2) the motion to rise and report. 4 Hinds 
  Sec. Sec. 4766, 4767; Deschler Ch 19 Sec. Sec. 22.1, 23.13. The 
  motions are expressed as follows:

      M_. Chair, I move that the Committee do now rise.
      M_. Chair, I move that the Committee do now rise and report the 
    bill back to the House with the recommendation that_____.

      The motion to rise and report may recommend to the House either a 
  favorable or adverse disposition of the bill. It may recommend that 
  the consideration of the reported measure be postponed, or that it be 
  recommitted or tabled. However, under the modern practice, such motion 
  is normally precluded by the applicable special order of business. 
  Sec. 20, supra. For the motion to rise and report with the 
  recommendation that the enacting clause be stricken, see Sec. 22, 
  supra. For reporting amendments, see Sec. 30, infra.
      The simple motion to rise in the Committee of the Whole is 
  analogous to the motion to adjourn in the House. The motion to rise 
  (or to rise and report) must be in writing if the demand is made. 
  Deschler Ch 19 Sec. 22.3. The simple motion to rise does not require a 
  quorum for adoption, although a negative voice vote is subject to a 
  point of order of no quorum pending a request for a recorded vote. 
  Manual Sec. 983; 4 Hinds Sec. Sec. 2975, 2976; Deschler Ch 19 
  Sec. 22.7. However, a quorum is required on an affirmative vote on a 
  motion to rise and report. See 4 Hinds Sec. 2973. Neither motion is 
  debatable. 4 Hinds Sec. Sec. 4766-4768; Deschler Ch 19 Sec. 22.4. 
  Either may be withdrawn by unanimous consent. Deschler Ch 19 
  Sec. 22.9. They may not include restrictions on the amendment process 
  or limitations on future debate on amendments. Manual Sec. 334.
      Beginning in the 109th Congress, the House has (by separate order) 
  established a point of order against the motion to rise and report an 
  appropriation bill that exceeds its 302(b) allocation. Manual 
  Sec. 1044b. For more on budget allocations, see Budget Process.


  Sec. 27 . --When in Order

      The motion that the Committee of the Whole rise is privileged 
  during debate under the five-minute rule. Manual Sec. 334. The motion 
  is in order notwithstanding an informal agreement among the floor 
  managers of a bill to conclude consideration at a different time. 
  Deschler Ch 19 Sec. 23.4. The motion is in order:

    While an amendment is pending, except where another Member has 
         the floor. Manual Sec. 334.
     Pending a decision on a point of order. Deschler Ch 19 
         Sec. Sec. 23.7, 23.8.
     After agreement to a motion to limit debate on an amendment. 
         Deschler Ch 19 Sec. 23.10.
     Pending a count of a quorum. Deschler Ch 19 Sec. 23.5.
     After the absence of a quorum has been ascertained and pending 
         a vote on an amendment (Manual Sec. 982) but comes too late 
         when the Chair has announced the absence of a quorum and the 
         roll call has begun (91-2, Sept. 16, 1970, p 32229).
     Pending a demand for a record vote but prior to the time the 
         Chair begins the count to determine whether a sufficient number 
         support the demand. 94-1, Aug. 1, 1975, p 26947.
     During general debate if offered by a manager or by a Member 
         to whom a manager has yielded for that purpose. Manual 
         Sec. 334.

      A motion that the Committee of the Whole rise may be made between 
  the time an amendment is offered and read and before recognition of 
  its proponent for debate thereon. 97-1, May 12, 1981, pp 9320, 9323. 
  Where a special order of business provides that the Committee rise and 
  report at the conclusion of the consideration of a bill for amendment, 
  a motion that the Committee of the Whole rise and report the bill with 
  certain amendments, before the bill has been completely read for 
  amendment, is not in order. However, a simple motion that the 
  Committee of the Whole rise is in order at that time. 96-1, Dec. 5, 
  1979, p 34755.


  Sec. 28 . --Who May Offer

      In the Committee of the Whole, any Member may move to rise and the 
  Chair is constrained to recognize for that purpose, unless another 
  Member controls the floor. Deschler Ch 19 Sec. 24.2; 8 Cannon 
  Sec. 2369. Although the motion may be offered by any Member entitled 
  to the floor, the motion is commonly made by the Member managing the 
  bill before the Committee. Deschler Ch 19 Sec. Sec. 22.5, 22.8, 23.1. 
  The motion also may be made by a Member who holds the floor by virtue 
  of having offered an amendment, but such Member must yield back before 
  offering the motion. Deschler Ch 19 Sec. 24.1.
      A Member recognized by the Chair may not be interrupted by a 
  motion to rise even though such Member has not yet begun to speak. 8 
  Cannon Sec. 2370. Members may not, in time yielded to them for debate, 
  move that the Committee of the Whole rise (Deschler Ch 19 Sec. 10) or 
  yield to another Member for such a motion (Deschler Ch 29 Sec. 23). 
  However, a Member controlling the time for general debate may yield 
  for a motion that the Committee of the Whole rise, and may do so 
  without losing the right to continue at the next sitting of the 
  Committee on the same matter. 5 Hinds Sec. Sec. 5012, 5013.
      For precedence of a motion to rise and report a general 
  appropriation bill, if offered by the Majority Leader, over a motion 
  to amend, see Sec. 21, supra.


  Sec. 29 . Reporting to the House

                                 Generally

      When a matter is concluded in the Committee of the Whole, it is 
  reported to the House. The permission of the House is neither required 
  nor sought when the Chair reports on a measure. The report is made and 
  received and is then before the House for action. Manual Sec. 334. 
  When the Committee of the Whole rises without concluding the matter, 
  the Chair reports that it ``has come to no resolution thereon.'' Under 
  this procedure the Chair does not report the measure back to the 
  House. Deschler Ch 19 Sec. 21.4. The measure remains as unfinished 
  business for subsequent consideration in the Committee of the Whole. 
  Sec. 19, supra.
      The Speaker recognizes only reports from the Committee of the 
  Whole made by the Chair thereof. 5 Hinds Sec. 6987. The Speaker has no 
  official knowledge of proceedings in the Committee of the Whole beyond 
  those reported by its Chair. A matter alleged to have arisen therein 
  but not reported may not be brought to the attention of the House. 8 
  Cannon Sec. Sec. 2429, 2430.


  Sec. 30 . House Action on Committee Reports

                                 Generally

      When the Committee of the Whole reports to the House, the House 
  usually acts at once on the report without reference to select or 
  other committees. Manual Sec. 326. The recommendation of the Committee 
  being before the House, the motion to carry out the recommendation is 
  usually considered as pending without being offered from the floor. 4 
  Hinds Sec. 4896.
      The recommendation of the Committee of the Whole may be favorable 
  or adverse, and the bill may be reported with or without amendments.
      For House action on amendments reported from the Committee of the 
  Whole, including the demand for separate votes, see Amendments. For 
  steps to be taken in the passage of a bill in the House, see Previous 
  Question and Reading, Passage, and Enactment.

                 Recommittal to the Committee of the Whole

      A bill may be recommitted to the Committee of the Whole as the 
  result of the action of the House (4 Hinds Sec. 4784) or on motion 
  either with or without instructions (5 Hinds Sec. Sec. 5552, 5553). If 
  the bill is reported from the Committee of the Whole with an adverse 
  recommendation, and such recommendation is disagreed to by the House, 
  the bill stands recommitted to the Committee without further action by 
  the House, unless the bill is disposed of pursuant to a motion to 
  refer. Manual Sec. 988. When a recommendation of the Committee of the 
  Whole that the enacting clause of a bill be stricken is rejected by 
  the House, the House, without motion, resolves itself into the 
  Committee of the Whole for the further consideration of the bill. 
  Manual Sec. 989; 7 Cannon Sec. 943.
  
                                CHAPTER 13
                      CONFERENCES BETWEEN THE HOUSES

                              HOUSE PRACTICE

                               I. Generally

  Sec.  1. In General; Purpose
  Sec.  2. Questions Sent to Conference
  Sec.  3. Sending to Conference
  Sec.  4. --When in Order; Stage of Disagreement
  Sec.  5. Effect of Special Orders of Business

                          II. Conference Managers

  Sec.  6. In General; Appointment of Managers
  Sec.  7. Committee Representation
  Sec.  8. Changing or Adding Managers; Removal or Resignation
  Sec.  9. Power and Discretion of Managers
  Sec. 10. Meetings

                  III. Instructions to Managers; Motions

  Sec. 11. In General
  Sec. 12. Consideration of Motions to Instruct
  Sec. 13. --Debate on Motion; Recognition and Amendments
  Sec. 14. Motions After Failure of Managers to Report
  Sec. 15. Instructions in Motions to Recommit
  Sec. 16. Instructions as Binding on the Managers

                          IV. Conference Reports

              A. Generally; Form

  Sec. 17. In General; Preparation and Filing
  Sec. 18. Signing and Signatures
  Sec. 19. Correction of Errors

              B. Limitations on Reports; Points of Order

  Sec. 20. In General
  Sec. 21. Reports Exceeding Authority of Managers
  Sec. 22. --Conference Substitutes or Modifications
  Sec. 23. Nongermane Senate Matter
  Sec. 24. Senate Appropriations on House Legislative Bill
  Sec. 25. Senate Legislation on House Appropriation Bill
  Sec. 26. Congressional Budget Act Violations
  Sec. 27. Raising Points of Order
  Sec. 28. Waiving Points of Order

              C. Consideration and Disposition of Reports

  Sec. 29. In General; Custody of Official Papers
  Sec. 30. Layover and Availability Requirements
  Sec. 31. Filing and Calling Up Report; Reading
  Sec. 32. En Bloc Consideration
  Sec. 33. Debate
  Sec. 34. --Recognition; Control of Debate Time
  Sec. 35. Recommittal of Report
  Sec. 36. Final Disposition of Report; Voting
  Sec. 37. Effect of Rejection of Report; Further Conferences

              D. Disposition Where Managers Report in Total Disagreement

  Sec. 38. In General
        Research References
          5 Hinds Sec. Sec. 6254-6589
          8 Cannon Sec. Sec. 3209-3332
          Deschler-Brown Ch 33
          Manual Sec. Sec. 530-559, 637, 1069-1094


                               I. Generally


  Sec. 1 . In General; Purpose

      Before a measure can become law, both Houses must agree to the 
  same bill--either a House bill or a Senate bill--and they must agree 
  on each provision of the bill. 5 Hinds Sec. Sec. 6233-6240. Although 
  the two Houses may pass similar measures on the same subject, neither 
  can become law unless both Houses pass the same numbered bill with 
  identical text. 4 Hinds Sec. 3386.
      In many cases disagreements between the House and Senate over the 
  provisions in a bill can be resolved through amendments that are 
  messaged between the Houses. Such action is taken in the expectation 
  that one House will eventually concur (or recede and concur) with the 
  amendments of the other House and thereby finally pass the bill. See 
  Senate Bills; Amendments Between the Houses. Another approach aimed at 
  reconciling differences is a conference committee, consisting of 
  managers from each Chamber, with authority to report on negotiated 
  agreements. Sometimes these procedures are pursued simultaneously: one 
  House will (1) concur as to certain amendments and (2) insist on 
  disagreement as to other amendments and request a conference thereon. 
  5 Hinds Sec. Sec. 6287, 6401. If a conference fails to reconcile the 
  differences, and reports this fact back to the two Houses, motions to 
  dispose of any amendments remaining in disagreement are permitted. 
  Sec. Sec. 36-38, infra.
      The request for a conference is made by the House in possession of 
  the papers. Sec. 4, infra. The House receiving the request may agree 
  to the conference or it may disregard the request and act on the 
  pending unresolved amendments. 5 Hinds Sec. Sec. 6313-6315. In the 
  latter case it may simply concur in the amendments or recede from 
  disagreement, thereby rendering a conference unnecessary if no further 
  issues remain to be disposed of between the Houses. 5 Hinds 
  Sec. Sec. 6316-6318. It also has the option of postponing action on 
  the request to a time certain or indefinitely. 5 Hinds Sec. 6199.


  Sec. 2 . Questions Sent to Conference

      It was Jefferson's view that a House-Senate conference may be 
  sought ``in all cases of difference of opinion between the two Houses 
  on matters depending between them.'' Manual Sec. 530. Conferences 
  between the two Houses are usually held over differences as to 
  amendments to a particular bill. 5 Hinds Sec. 6254. On occasion, 
  several bills have been sent to conference by a single House action. 
  Deschler Ch 21 Sec. 27.6. Differences over a joint or concurrent 
  resolution also may be sent to conference. 5 Hinds Sec. Sec. 6258, 
  7063.
      House-Senate conferences have sometimes been sought to resolve 
  questions unrelated to any pending bill or other legislative 
  proposition. Conference committees have on rare occasions been used to 
  resolve differences as to:

     The prerogatives of the two Houses in the origination of 
         revenue measures. 2 Hinds Sec. 1487.
     The instructions given by one House to its managers. 5 Hinds 
         Sec. 6401.
     The procedures to be followed in an impeachment proceeding. 3 
         Hinds Sec. 2304.
     The time for the convening of the next session of Congress. 5 
         Hinds Sec. 6255.
     Papers in the nature of petitions. 5 Hinds Sec. 6263.


  Sec. 3 . Sending to Conference

                      Generally; By Unanimous Consent

      Amendments in disagreement between the Houses may be sent to 
  conference by unanimous consent. The disagreement may relate to a 
  Senate amendment or to an insistence by the House on its own 
  amendment. Manual Sec. 533; 6 Cannon Sec. 732.

      Member: M_. Speaker, I ask unanimous consent to take from the 
    Speaker's table the bill H.R.___, with the Senate amendment[s] 
    thereto, disagree to the Senate amendment[s], and [request a 
    conference with the Senate] [agree to the conference requested by 
    the Senate] on the disagreeing votes of the two Houses.

                                 By Motion

      A matter may be sent to conference pursuant to a motion offered 
  under clause 1 of rule XXII. The motion is privileged in the 
  discretion of the Speaker if the motion is offered by direction of the 
  primary committee and of all reporting committees that had initial 
  referral of the measure. Manual Sec. Sec. 1069, 1070. This restraint 
  is intended to prevent the use of that motion as a dilatory tactic. 
  Manual Sec. 535. The motion may be offered only while the House is in 
  possession of the papers.
      Initial Senate amendments may be taken from the Speaker's table 
  and sent to conference by motion under this rule. Manual 
  Sec. Sec. 533, 1069, 1070. The motion permitted by the rule also may 
  be raised at subsequent stages of the amendment process between the 
  Houses and may include a motion to disagree to a Senate amendment to a 
  House amendment to a Senate bill and request a conference (92-2, Mar. 
  8, 1972, p 7540) or a motion to insist on a House amendment to a 
  Senate amendment to a House bill and request a conference (Manual 
  Sec. 1070).
      A Member offering a motion to send a bill to conference under this 
  rule is recognized for one hour and is in control of the debate on the 
  motion. Deschler-Brown Ch 33 Sec. 2.14. When the previous question is 
  ordered on the motion, further debate may occur only by unanimous 
  consent. Deschler-Brown Ch 33 Sec. 2.15.
      Clause 1 of rule XXII requires a separate committee authorization 
  with respect to each particular bill to be sent to conference. Clause 
  2(a)(3) of rule XI allows committees to adopt a committee rule 
  authorizing the chair of the committee to offer a motion under clause 
  1 of rule XXII whenever the chair considers is appropriate. Where a 
  measure has been reported by two or more committees of initial 
  referral, each reporting committee must authorize the motion sending 
  it to conference. A committee receiving sequential referral of a bill 
  or not reporting thereon need not authorize the motion. On a Senate 
  bill with a House amendment consisting of the text of two 
  corresponding House bills that were previously reported to the House, 
  the motion must be authorized by the committees reporting those 
  corresponding bills. Manual Sec. 1070. The primary committee of 
  jurisdiction may authorize the motion on an unreported measure. 106-2, 
  Oct. 11, 2000, p 22250.
      Motions to send a measure to conference pursuant to clause 1 of 
  rule XXII are generally made by the chair of the legislative committee 
  with primary jurisdiction over the measure, acting by direction of 
  that committee as follows:

      Member: M_. Speaker, pursuant to clause 1 of rule XXII and by 
    direction of the Committee on _____, I move to take from the 
    Speaker's table the bill (H.R.___) with the Senate amendment[s] 
    thereto, disagree with the Senate amendment[s] and agree to the 
    conference requested by the Senate [or request a conference with the 
    Senate thereon].

      Member: M_. Speaker, pursuant to clause 1 of rule XXII and by 
    direction of the Committee on _____, I move to take from the 
    Speaker's table the bill (S.___) with the House amendment[s] 
    thereto, insist on the House amendment[s] and agree to the 
    conference requested by the Senate [or request a conference with the 
    Senate thereon].

      A motion to send a bill to conference may not be amended to 
  include instructions to House managers; instructions are properly 
  offered by separate motion following the adoption of the motion to go 
  to conference and before managers are appointed. Deschler-Brown Ch 33 
  Sec. 2.18. For a discussion of motions to instruct, see Sec. 11, 
  infra.


  Sec. 4 . --When in Order; Stage of Disagreement

                                 Generally

      Under the former practice, it was customary to allow the House 
  insisting on its amendment (the other House having disagreed thereto) 
  to request a conference. 5 Hinds Sec. Sec. 6278-6280. Under the modern 
  practice, a conference may be requested as soon as one House has 
  either disagreed to an amendment of the other or has insisted on its 
  own amendment. 5 Hinds Sec. Sec. 6273-6277. In any event, the request 
  for a conference must always be by the House that is in possession of 
  the papers. Manual Sec. 530. For a discussion on when the stage of 
  disagreement is reached, see Senate Bills; Amendments Between the 
  Houses, Sec.  16.

                                  Motions

      A motion to disagree or insist and request a conference is in 
  order before, or after (subject to preferential motions), the Houses 
  have reached the stage of disagreement if made pursuant to clause 1 of 
  rule XXII. Manual Sec. Sec. 528, 535, 1070; see also Senate Bills; 
  Amendments Between the Houses.
      A motion under clause 1 of rule XXII may be repeated, if 
  authorized by the committee concerned, and if the Speaker again agrees 
  to recognize for that purpose, even though the House has once rejected 
  a motion to send the same matter to conference. Manual Sec. Sec. 535, 
  1070. Where the committee has not authorized the motion, once a motion 
  to request a conference has been rejected, its repetition at the same 
  stage of the proceedings has not been permitted where no other motion 
  to dispose of the matter in disagreement has been considered. 5 Hinds 
  Sec. 6325.

                        Unanimous-Consent Requests

      A unanimous-consent request to seek a conference is in order even 
  though the House and Senate have not yet reached the stage of 
  disagreement. Indeed, there have been rare instances where the House 
  by unanimous consent has ``deemed'' a House bill with possible Senate 
  amendments sent to conference before Senate passage of the bill with 
  amendment, effective when subsequently in possession of the papers, in 
  order to permit managers to be appointed and to formally meet if the 
  House is not in session. See, e.g., 105-2, Apr. 1, 1998, p 5735.


  Sec. 5 . Effect of Special Orders of Business

      Amendments may be sent to conference pursuant to a special order 
  of business from the Committee on Rules. 4 Hinds Sec. Sec. 3242-3249. 
  The special order of business may or may not preclude intervening 
  motions, and may direct the Speaker to appoint the managers. 4 Hinds 
  Sec. 3242. The special order of business may:

     Take a House bill with Senate amendments from the Speaker's 
         table, disagree to the Senate amendments, and agree to a 
         conference requested by the Senate. 7 Cannon Sec. 826.
     Make in order a motion to take a bill with Senate amendments 
         from the Speaker's table, disagree to the amendments, and 
         request a conference. 7 Cannon Sec. 822.
     Deem a Senate bill amended with House text and a conference 
         requested thereon, upon passage of House text and receipt of 
         Senate bill, and authorizing the appointment of conferees 
         before the motion to instruct. 108-2, Oct. 7, 2004, 21723.
     Provide for consideration of Senate amendments and for a 
         motion to agree to a conference, and for appointment without 
         instructions to the managers. 4 Hinds Sec. Sec. 3243, 3244.
     Discharge a committee from consideration of a bill with Senate 
         amendments and ask for, or agree to, a conference thereon. 7 
         Cannon Sec. Sec. 820, 821.


                          II. Conference Managers


  Sec. 6 . In General; Appointment of Managers

                                 Generally

      Appointments of Members to serve as managers on the part of the 
  House at a conference are made by the Speaker pursuant to clause 11 of 
  rule I. Manual Sec. 637. The terms ``manager'' and ``conferee'' are 
  used synonymously in the modern precedents and are so used in this 
  chapter. Clause 11 of rule I contains guidelines for the Speaker to 
  observe when appointing conferees. Conferees should include:

     A majority of Members who generally supported the House 
         position, as determined by the Speaker.
     Members who are primarily responsible for the legislation.
     To the fullest extent feasible, Members who were the principal 
         proponents of the major provisions of the bill as it passed the 
         House.

      These guidelines permit the exercise of broad discretion by the 
  Speaker in making appointments. Manual Sec. 637. The Speaker may 
  specify the legislative issues on which individual managers are to 
  confer. Manual Sec. 536. The Speaker has chosen minority party 
  conferees upon recommendation of the Minority Leader. 112-1, Dec. 23, 
  2011, p 21485.

                            Number of Managers

      In the early practice of the House, three Members were usually 
  appointed to a conference by the Speaker. 5 Hinds Sec. 6336. Today, 
  the number of Members to be designated is at the discretion of the 
  Speaker, and the complexity of the bill and the number of committees 
  with jurisdiction may be considered. 8 Cannon Sec. 3221. A motion to 
  instruct the Speaker as to the number of managers to be appointed is 
  not in order. Manual Sec. 637; 8 Cannon Sec. 3221.
      Conference agreements are reached when a majority of House 
  managers agree with a majority of Senate managers, which is indicated 
  by their signing of the conference report. The number of managers 
  appointed by the Senate does not affect the Speaker's determination as 
  to the number of House managers because the managers of one House vote 
  separately from those of the other. 5 Hinds Sec. 6334. For a 
  discussion of conference meetings, see Sec. 10, infra.

                            Time of Appointment

      Conferees are usually appointed by the Speaker immediately after 
  the request for a conference is granted, but they may be appointed at 
  a subsequent time. In one instance, the Speaker did not announce his 
  appointment of conferees until the second session on a bill on which 
  the House had requested a conference in the first session. Deschler-
  Brown Ch 33 Sec. 6.17. The Speaker may appoint ``core'' conferees at 
  one time and add additional outside conferees at a subsequent time. 
  E.g., 114-1, July 10, 2015, p__. The Speaker may appoint majority 
  party conferees first, and appoint minority party conferees later 
  after receiving recommendations from the Minority Leader. 112-1, Dec. 
  23, 2011, p 21485.


  Sec. 7 . Committee Representation

      The Speaker in making appointments to a conference normally 
  consults with the chair of the committee having jurisdiction over the 
  bill. Members of that committee are ordinarily designated as managers. 
  Deschler-Brown Ch 33 Sec. 6.1. The Speaker may make such appointments 
  without regard to committee seniority. 99-2, July 16, 1986, p 16705. 
  On a comprehensive matter, the Speaker may appoint separate groups of 
  conferees from several committees for consideration of provisions 
  within their respective jurisdictions. Manual Sec. 637.
      The Speaker may appoint members from a nonreporting committee as 
  conferees on a provision in a Senate measure within that committee's 
  jurisdiction. Manual Sec. 637. The Speaker may, after appointing 
  general conferees from a reporting committee on all Senate provisions, 
  appoint additional conferees from an additional reporting or 
  nonreporting committee on a specified section. 107-2, Mar. 7, 2002, p 
  2747.
      In the current practice, the Speaker has announced a policy of 
  simplifying conference appointments by noting on the occasion of a 
  relatively complex appointment that, inasmuch as conference committees 
  are select committees that dissolve when their report is acted upon, 
  conference appointments should not be construed as jurisdictional 
  precedent. Manual Sec. 637.


  Sec. 8 . Changing or Adding Managers; Removal or Resignation

      At any time after the appointment of a conference committee, the 
  Speaker may remove a conferee or appoint additional conferees. Clause 
  11 of rule I; 5 Hinds Sec. Sec. 6341-6368. In making additional 
  appointments, the Speaker may specify that a conferee be authorized to 
  act only with respect to a certain provision (96-1, Aug. 2, 1979, p 
  22101), or that additional conferees from certain committees act 
  solely on matters within those committees' jurisdictions (99-1, Oct. 
  24, 1985, p 28743). Under clause 11, the Speaker may supplement an 
  appointment of conferees by modifying the array of separate panels and 
  by further specifying the subject matter to be considered by such 
  panels. Deschler-Brown Ch 33 Sec. 8.7.
      Vacancies on a conference committee are filled through appointment 
  by the Speaker. 5 Hinds Sec. 6372; 8 Cannon Sec. 3228. The Speaker may 
  appoint a conferee to fill a vacancy caused by death or ill health, 
  resignation, or removal. Deschler-Brown Ch 33 Sec. Sec. 8.3, 8.8; 114-
  2, Sept. 7, 2016, p__. The Speaker may appoint the successor conferee 
  with all or part of the authority of the original conferee. 98-2, Mar. 
  21, 1984, p 6249.
      Usually a conferee resigns from a conference committee by sending 
  a letter of resignation to the Speaker. The letter is laid before the 
  House. A conferee may be excused by unanimous consent at the request 
  of another Member, particularly where time is of the essence. 
  Deschler-Brown Ch 33 Sec. 8.2.
      Managers have resigned from conference committees because of 
  policy differences with other managers. In one instance, a Member 
  declared that his resignation was based on the fact that other House 
  conferees had agreed to a motion in conference limiting their 
  participation to specified portions of the matters committed to 
  conference, though originally all Members had been appointed without 
  restriction. The Member's resignation was accepted by unanimous 
  consent. Deschler-Brown Ch 33 Sec. 8.10.
      Under clause 11 of rule I, conferees may be removed from a 
  conference committee by the Speaker. Before the adoption of that rule, 
  conferees were removed only by action of the House by unanimous 
  consent. Deschler-Brown Ch 33 Sec. 8.1.
      In the modern practice of the House, a bill is normally sent only 
  to a single conference. However, in earlier years, several conferences 
  were sometimes held on the same bill, and it was common to change 
  managers at each conference. 5 Hinds Sec. Sec. 6288-6291, 6324. So 
  fixed was this practice that their reappointment had a special 
  significance, indicating a refusal by one House to yield on the 
  matter. 5 Hinds Sec. Sec. 6352-6368. However, later practice was to 
  reappoint the same managers (5 Hinds Sec. Sec. 6341-6344) unless a 
  change was necessary to enable the sentiment of the House to be 
  represented (5 Hinds Sec. 6369). For motions to discharge and appoint 
  new conferees, see Sec. 14, infra.


  Sec. 9 . Power and Discretion of Managers

                                 Generally

      There are limitations on the authority of the managers with 
  respect to the legislative matters they may address. The managers:

    May not change text that has already been agreed to by both 
         Houses. 5 Hinds Sec. Sec. 6417, 6418, 6420.
     May not address new items or a new subject not committed to 
         the conference. 5 Hinds Sec. Sec. 6407, 6408; 8 Cannon 
         Sec. Sec. 3254, 3255; 107-2, Nov. 14, 2002, p 22408.
     Must confine themselves to matters that are within the scope 
         of the difference between the House position and the Senate 
         position. Manual Sec. 1088.

      These limitations stem from the fundamental principle that when a 
  bill is sent to conference, matters in disagreement between the 
  Houses--and only matters in disagreement between the Houses--are 
  before the conferees. Manual Sec. 1088. A matter not within the scope 
  of the differences committed to the conference lies beyond the 
  authority of the managers even if germane to the question at issue. 5 
  Hinds Sec. 6419.
      Clause 9 of rule XXII permits managers to propose a substitute 
  that is a ``germane modification'' of the matter in disagreement but 
  proscribes the presentation of ``specific additional'' matter not 
  committed to conference. Clause 9 further prohibits the report of the 
  managers from including matter not committed to the conference by 
  either House or a modification of any specific matter committed to the 
  conference if that modification is beyond the scope thereof. Manual 
  Sec. 1088. For a discussion of points of order against the report, see 
  Sec. 22, infra; for the use of special orders of business to waive the 
  point of order for exceeding ``scope,'' see Sec. 28, infra.

                      Differences as to Time Periods

      When the two Houses fix different periods of time for certain 
  legislative action, the conferees have latitude to compromise only 
  between the two time frames, and may not exceed the longer or go below 
  the shorter. 8 Cannon Sec. 3264. Likewise, where the Senate has 
  amended a House-passed bill to change the effective date therein, the 
  authority of the conferees on the bill is limited to the time frame 
  between the dates in each version. Where the dates contained in both 
  versions have since passed, the conferees may report the Senate 
  amendment back in technical disagreement so that the effective date 
  can be reconsidered. Deschler-Brown Ch 33 Sec. 7.12.

                   Differences as to Numbers or Amounts

      Where the legislative differences between the two Houses on a 
  measure involve numerical figures, managers at conference are limited 
  to the range between the highest figure proposed by one House and the 
  lowest proposed by the other. If, for example, the House proposes a 
  tariff rate of 30% for a certain product and the Senate proposes a 35% 
  tariff, the managers may agree on 30% or 35% or any tariff falling 
  within that range; but they may not agree on a tariff that is less 
  than 30% or more than 35%. 8 Cannon Sec. 3263. Similarly, where 
  sections of a conference report contain higher entitlements for 
  certain veterans' benefits than those contained in either the House 
  bill or in the Senate amendment, the conferees may be held to have 
  exceeded their authority. Deschler-Brown Ch 33 Sec. 7.7. By the same 
  token, conferees may report back in total disagreement where the 
  informal decisions reached by the conferees would have exceeded the 
  scope of the differences committed to conference by reducing certain 
  aggregate totals below those in either the House or the Senate 
  version. 95-1, Sept. 13, 1977, p 29021.

                        Amendments to Existing Law

      Where one House has amended an existing law and the other House 
  has implicitly taken the position of existing law by remaining silent 
  on the subject, the scope of differences committed to conference lies 
  between those issues presented in the amending language on the one 
  hand and the comparable provisions of existing law on the other. 95-2, 
  Feb. 28, 1978, p 5010. In such cases, the Speaker may examine existing 
  law to determine whether House conferees have remained within the 
  scope of the differences committed to conference. Manual Sec. 1088.

               Extending Authority of Managers by Resolution

      On rare occasions, the managers of a conference have been 
  permitted to take up a matter not in issue between the Houses pursuant 
  to a concurrent resolution. 5 Hinds Sec. Sec. 6437-6439. Concurrent 
  resolutions permitting managers to consider matters not technically 
  committed to conference are considered by unanimous consent. Manual 
  Sec. 527.


  Sec. 10 . Meetings

                             Generally; Voting

      The managers of the two Houses while in conference vote 
  separately, the majority in each body determining the attitude to be 
  taken toward the proposition(s) at issue. 5 Hinds Sec. 6336. When the 
  report is made, the unqualified signatures of a majority of the 
  managers from each House are sufficient. For a more thorough 
  discussion of signatures on a conference report, see Sec. 18, infra.

                        Meetings as Open or Closed

      Clause 12 of rule XXII requires a meeting of each conference 
  committee to be open to the public except where the House by the yeas 
  and nays determines otherwise. Manual Sec. 1093. The rule permits a 
  point of order in the House against the report if the House managers 
  fail to meet at least once in open session as required. See Manual 
  Sec. 548. If the point of order is sustained, it results in rejection 
  of the report (signatures notwithstanding) and in an automatic request 
  for a new conference, and it permits the appointment of new conferees 
  without intervening motion to instruct. Deschler-Brown Ch 33 
  Sec. 5.13.

                   Motions to Close a Conference Meeting

      Under clause 12 of rule XXII, a motion to authorize conferees to 
  close a conference meeting is privileged for consideration in the 
  House after the House has agreed to go to conference. The motion is 
  not debatable and must be decided by the yeas and nays. The motion may 
  be amended only if the Member offering the motion yields for that 
  purpose (or the previous question is rejected). Manual Sec. 1093. The 
  motion may provide for exceptions or limitations, such as a 
  stipulation that the meeting may be closed only when certain matters 
  are under discussion or that any sitting Member of Congress shall have 
  the right to attend such meeting. 95-2, July 14, 1978, p 20960.

               Points of Order as to Meeting Irregularities

      There are few formal House rules that govern procedures to be 
  followed in conducting a meeting of the conferees. Pursuant to clause 
  12 of rule XXII, managers on the part of the House should abide by 
  certain guidelines with respect to notice of meetings, topics open to 
  discussion, and security of papers, and shall be provided with a 
  ``unitary time and place'' to examine the final conference report. 
  Clause 12(b) provides for a point of order against a conference report 
  where the conference committee did not comply with these strictures. 
  Clause 13 of rule XXII also prohibits the consideration of any 
  conference report that differs in any way from the text that reflects 
  the action of the conferees on all differences between the two Houses.
      Beyond these minimal requirements, the conferees may offer motions 
  or consider and debate propositions according to their own informal 
  guidelines or ad hoc rules, with each House having one vote. The 
  Speaker will not normally sustain a point of order against 
  consideration of a conference report signed by a majority of House and 
  Senate conferees based upon irregularities at the conference meeting, 
  other than the requirement for one open meeting and the other 
  guidelines of clause 12. 96-2, Mar. 25, 1980, p 6430. This position 
  reflects the policy that unqualified signatures of a majority of House 
  and Senate conferees constitute a ratification of any procedural 
  irregularity alleged to have occurred in a conference committee. The 
  Speaker will not look behind the signatures to determine whether the 
  report has incorporated all the agreements informally made in 
  conference, except as otherwise provided in clauses 12 and 13 of rule 
  XXII. Deschler-Brown Ch 33 Sec. 18.2. In one instance the Speaker 
  overruled a point of order against a conference report signed by a 
  majority of the conferees, although the Member raising the point of 
  order alleged that the form of the report was inconsistent with a 
  motion agreed to in the conference meeting. Deschler-Brown Ch 33 
  Sec. 7.13.


                  III. Instructions to Managers; Motions


  Sec. 11 . In General

                           Instructions In Order

      Instructions are used primarily to indicate priorities considered 
  important to the House or to identify positions or amendments it would 
  support or oppose. The House may instruct its conferees to:

     Insist on a portion of a House amendment to a Senate bill. 93-
         1, July 24, 1973, pp 25539-41.
     Agree to a numbered Senate amendment with an amendment that is 
         within scope. Manual Sec. 541.
     Insist on certain provisions in a House-passed bill. 96-1, 
         Dec. 19, 1979, p 36895.
     Disagree to one of several Senate amendments (notwithstanding 
         that the House has just disagreed to all Senate amendments in 
         toto). 91-1, Oct. 9, 1969, p 29315.
     Insist on a meeting with Senate conferees. Manual Sec. 1079.

                        Limitations on Instructions

      Instructions may not direct conference managers to do that which 
  they might not otherwise do (5 Hinds Sec. Sec. 6386, 6387; 8 Cannon 
  Sec. Sec. 3235, 3244), such as to change a part of a bill not in 
  disagreement (5 Hinds Sec. Sec. 6391-6394). In addition, instructions 
  may not:

     Change text to which both Houses have agreed. 5 Hinds 
         Sec. 6388.
     Direct conferees to agree to something not committed to 
         conference. Manual Sec. 1088.
     Agree to the deletion of certain language committed to 
         conference if the effect of such deletion results in broadening 
         the scope of the matter in disagreement. Manual Sec. 1088.
     Direct conferees to concur in a Senate amendment with an 
         amendment not germane thereto. 8 Cannon Sec. 3235.
     Include argument. Clause 7(d) of rule XXII.

      One House has no jurisdiction over conferees appointed by the 
  other. Instructions apply only to managers on the part of the House 
  giving the instructions. 8 Cannon Sec. Sec. 3241, 3242.

        Conferring Authority to Agree to Certain Senate Amendments

      A motion to instruct also may be used to authorize House 
  conferees, pursuant to clause 5 of rule XXII, to agree to certain 
  Senate amendments. Clause 5 requires such authorization for Senate 
  amendments that, if originating in the House, would violate clause 2 
  of rule XXI (legislation on an appropriation bill or an unauthorized 
  appropriation) or propose an appropriation on a bill other than a 
  general appropriation bill. Manual Sec. 1076. However, clause 5 does 
  not permit a motion to instruct conferees on a general appropriation 
  bill to include additional legislation to that contained in the Senate 
  amendment. Manual Sec. 1076.


  Sec. 12 . Consideration of Motions to Instruct

                                 Generally

      The opportunity for the House to instruct conferees arises at 
  three distinct stages of the legislative process: (1) at the time the 
  House votes to go to conference; (2) 45 calendar days and, 
  concurrently, 25 legislative days after the second House has appointed 
  conferees, the conferees having failed to report (Sec. 14, infra); and 
  (3) immediately before adoption of a conference report by the first 
  House, in a motion to recommit the conference report to conference 
  (Sec. 15, infra). For a discussion of recognition and debate of such 
  motions, see Sec. 13, infra.

                          On Going to Conference

      After the House has voted to go to conference with the Senate, the 
  House may consider a timely motion to instruct its managers. A motion 
  to instruct the House managers at a conference is in order after the 
  House has agreed to a conference and before the appointment of the 
  conferees, although the motion may be postponed by unanimous consent 
  until a time after the appointment. 5 Hinds Sec. Sec. 6379-6382. The 
  motion is not in order until the House has voted to ask for or agree 
  to a conference. Deschler-Brown Ch 33 Sec. 10.5. Only one motion to 
  instruct conferees is in order at this stage. Manual Sec. 541; 8 
  Cannon Sec. 3236.

                             Tabling of Motion

      A motion to instruct House managers at a conference is subject to 
  the motion to lay on the table; and, if adopted, does not carry the 
  bill to the table. Manual Sec. 541. The motion to lay the motion to 
  instruct on the table is in order after the motion to instruct has 
  been read or after debate thereon before ordering the previous 
  question. If the motion to table is voted down, the previous question 
  may be moved on the motion to instruct. Deschler-Brown Ch 33 
  Sec. 9.13.

                   Withdrawal or Postponement of Motion

      A motion to instruct the House managers at a conference has been 
  withdrawn after debate thereon. Deschler-Brown Ch 33 Sec. 9.14. The 
  postponement of consideration of such a motion is permitted by 
  unanimous consent. Deschler-Brown Ch 33 Sec. 10.4. Under clause 8 of 
  rule XX, the Speaker may postpone the vote on a motion to instruct. 
  However, proceedings may not resume on a postponed question of 
  agreeing to a motion to instruct under clause 7 of rule XXII after the 
  managers have filed a conference report in the House. Manual 
  Sec. 1079.


  Sec. 13 . --Debate on Motion; Recognition and Amendments

                          Recognition and Debate

      Recognition to offer the initial motion to instruct House 
  conferees, and recognition to offer the motion to recommit a 
  conference report with instructions, are the prerogative of the 
  minority. The Speaker recognizes the ranking minority member of the 
  committee reporting the bill when that member seeks recognition to 
  offer the motion. Manual Sec. 541.
      A motion to instruct conferees is debatable under the hour rule. 
  Under clause 7(b) of rule XXII, the hour is equally divided between 
  the majority and minority parties unless both support the motion. 
  Manual Sec. 1078. In that case a Member in opposition to the motion 
  may demand one-third of the time for debate. No additional debate 
  thereon is in order unless the previous question is rejected or unless 
  the Member having the floor yields for amendment. See, e.g., Deschler-
  Brown Ch 33 Sec. 9.7. The hour of debate time on a motion to instruct 
  may be terminated by laying the motion to instruct on the table before 
  debate. Deschler-Brown Ch 29 Sec. 68.29.

                           Amendments to Motion

      No amendment to a motion to instruct is in order unless the 
  previous question is rejected or unless the Member having the floor 
  yields for amendment. Manual Sec. 541.

                               Divisibility

      Neither the initial motion to instruct, nor instructions in a 
  motion to recommit a conference report, are subject to a division of 
  the question for voting. Deschler-Brown Ch 30 Sec. 45.2. However, the 
  45-day motion to instruct (see Sec. 14, infra) is divisible, provided 
  separate substantive propositions are presented. Manual Sec. 921. For 
  more on the divisibility of motions, see Division of the Question for 
  Voting.


  Sec. 14 . Motions After Failure of Managers to Report

      Where conferees have been appointed for 45 calendar days and, 
  concurrently, 25 legislative days (or for 36 hours during the last six 
  days of a session) and have failed to file a report, motions to 
  instruct the House managers--or discharge and appoint new ones--are in 
  order. Clause 7(c) of rule XXII. This period runs from the time that 
  the conference committee has been formed by appointment in both 
  Houses. Deschler-Brown Ch 33 Sec. 14.3. The Member offering such 
  motion must give notice of one legislative day under the rule, and 
  recognition does not depend on party affiliation. Manual Sec. 1079. 
  When the House adjourns while such motion is pending, the motion 
  becomes unfinished business on the next day and does not need to be 
  renoticed. Manual Sec. 877. After the filing of a conference report, 
  motions to instruct are mooted (even if the motion has been considered 
  and further proceedings postponed). 112-2, June 28, 2012, p__.
      The practice that precludes more than one motion in the House to 
  instruct conferees before their appointment (Sec. 12, supra) is not 
  applicable to motions to instruct (or discharge and appoint new) 
  conferees who have failed to report to the House within the requisite 
  period. Manual Sec. 541. Indeed, a motion to instruct House conferees 
  who have failed to report for 45 calendar days and, concurrently, 25 
  legislative days is in order even though its instructions are the same 
  as those given to the conferees at the time the bill was sent to 
  conference. 92-2, May 11, 1972, pp 16838-42. The motion remains 
  available when a conference report is recommitted by the first House 
  to act thereon, because the conferees are not discharged and the 
  original conference remains in existence. Manual Sec. 1079.
      A special order of business may preclude motions to instruct after 
  the failure of managers to report or toll the ripening of such 
  motions. 114-2, Sept. 28, 2016, p__.


  Sec. 15 . Instructions in Motions to Recommit

      A motion to recommit a conference report may include instructions 
  to the House conferees. 8 Cannon Sec. 3241; Sec. 35, infra. A report 
  may be recommitted with instructions to insist on disagreement or take 
  other action on an amendment contained in the report. Deschler-Brown 
  Ch 33 Sec. 32.38; 94-2, Sept. 28, 1976, p 33034.
      However, the motion may not instruct House conferees to include 
  matter that is beyond the scope of differences committed to 
  conference. For example, a motion to instruct conferees on a general 
  appropriation bill may not instruct the conferees to include a funding 
  limitation not contained in the House bill or Senate amendment or to 
  add legislation to that contained in a Senate amendment. Manual 
  Sec. 1076. Similarly, a motion to recommit a conference report may not 
  instruct conferees to expand definitions to include classes not 
  covered under the House bill or Senate amendment or to include 
  provisions not contained in the House bill or Senate amendment. A 
  waiver of all points of order against a conference report and against 
  its consideration does not inure to instructions contained in a motion 
  to recommit such measure to conference. Manual Sec. 1088.
      Under clause 7(d) of rule XXII, instructions to conferees in a 
  motion to recommit to conference may not include argument.


  Sec. 16 . Instructions as Binding on the Managers

      Instructions by the House to its conferees are advisory in nature 
  and are not binding as a limitation on their authority. Manual 
  Sec. 550. A failure of conferees to adhere to such instructions does 
  not render their report subject to a point of order. Manual Sec. 541; 
  5 Hinds Sec. 6395; 8 Cannon Sec. Sec. 3246-3248. Conferees are not 
  required to seek further guidance if they are unable to comply with 
  instructions suggested to them. Deschler-Brown Ch 33 Sec. 12.4. For 
  these reasons, a point of order will not lie against a conference 
  report because it is in contravention of instructions imposed on House 
  conferees. It is for the House to determine by its vote on the report 
  whether to accept or reject it or to recommit it. Manual Sec. 541. For 
  a discussion of voting on the report, see Sec. 36, infra.

                          IV. Conference Reports


                            A. Generally; Form


  Sec. 17 . In General; Preparation and Filing

                        Generally; Partial Reports

      A conference report contains the recommendations of the conference 
  committee to the two Houses as to the disposition of the matter in 
  disagreement. The report may recommend, for example, that the House 
  (or Senate) recede from disagreement to a certain numbered amendment, 
  or that it agree to a certain amendment with an amendment. A 
  conference report may contain an entirely new amendment in the nature 
  of a substitute. Manual Sec. 543; 5 Hinds Sec. Sec. 6465-6467.
      The report will normally identify those amendments on which the 
  committee has been unable to agree. Managers may report an agreement 
  as to a portion of the numbered amendments in disagreement, leaving 
  the remainder to be disposed of by subsequent House action. 5 Hinds 
  Sec. Sec. 6460-6464. For a discussion of disposition of amendments 
  remaining in disagreement between the Houses, see Senate Bills; 
  Amendments Between the Houses.
      A conference report is jointly prepared by the managers from the 
  House and the Senate. The report must be signed by a majority of the 
  managers of the House and a majority of the managers of the Senate. 
  The signatures must be without qualification, exception, or argument. 
  Sec. 18, infra. Minority views are not in order. Manual Sec. 543. The 
  managers in the minority have no authority to make a formal report 
  concerning the conference. 5 Hinds Sec. 6406.
      Filing a conference report and subsequent availability are 
  necessary to initiate the three-day waiting period that must precede 
  the consideration of the report on the floor of the House. Manual 
  Sec. 1082; Sec. 30, infra. Under clause 7 of rule XXII the filing of a 
  conference report is privileged. Permission to file and print a report 
  when the House is not in session may be given by unanimous consent.
      In the case of recommittal of a conference report to a committee 
  of conference, the subsequent conference report is filed as 
  privileged, assigned a new number, and otherwise treated as a new and 
  separate report. Deschler-Brown Ch 33 Sec. 16.2.

                          Explanatory Statements

      Under clause 7(e) of rule XXII, conference reports are to be 
  accompanied by an explanatory statement prepared jointly by the 
  conferees on the part of the House and the conferees on the part of 
  the Senate. This statement must inform the House as to the effect that 
  the matter contained in the report will have upon the pending measure. 
  Manual Sec. 1080. This statement is signed by a majority of the 
  managers of each House.
      A report may not be received without the accompanying statement. 
  Manual Sec. 1080. The Speaker may require the statement to be in 
  proper form, but it is for the House, and not the Speaker, to 
  determine its sufficiency. 5 Hinds Sec. Sec. 6511-6513.
      Pursuant to clause 9 of rule XXI, the joint explanatory statement 
  must contain a listing of congressional earmarks and limited tax and 
  tariff benefits, or a statement that the proposition contains no such 
  provisions.
      Although minority views are not in order on a conference report, 
  the majority of the managers may, in the statement accompanying the 
  report, indicate exceptions taken or objections raised by certain 
  conferees who signed with the majority. Deschler-Brown Ch 33 
  Sec. 20.4. A conferee may not revise or supplement a joint statement 
  of managers by inserting in the Congressional Record by unanimous 
  consent extraneous material. Manual Sec. 1080.


  Sec. 18 . Signing and Signatures

      To be valid in the House, a conference report must be signed by a 
  majority of the managers of the House and by a majority of the 
  managers of the Senate without qualification, exception, or argument. 
  5 Hinds Sec. Sec. 6497-6502 (even though under Senate practice 
  signatures with conditions or exceptions are counted toward a 
  majority). In the House each provision must be signed by a majority of 
  the Members appointed for that provision only (including general and 
  additional conferees). However, under Senate practice, signatures are 
  counted strictly per capita. Reports bearing insufficient signatures 
  are subject to a point of order and will not be received. 5 Hinds 
  Sec. 6497; 8 Cannon Sec. 3295.
      Reports are made in duplicate for the two Houses, the House 
  managers signing first the report for their House and the Senate 
  managers signing the other report first. 5 Hinds Sec. 6500. The name 
  of an absent manager may not be affixed to a conference report. A 
  quorum among the managers on the part of the House at a committee of 
  conference is established by their signatures on the conference report 
  and joint explanatory statement. Manual Sec. 1080. Pursuant to clause 
  12 of rule XXII, managers on the part of the House must be provided a 
  unitary time and place to sign (or not) the conference report and 
  joint explanatory statement. Manual Sec. 1093.

                      Signatures with Qualifications

      Under prior practice, conferees were permitted to sign a 
  conference report with qualification or exception. 5 Hinds 
  Sec. Sec. 6489-6496, 6538. However, recent precedents in the House 
  weigh against allowing such signatures to be counted with the majority 
  in support of the report. Signatures bearing exception, qualification, 
  or argument are redacted. This is consistent with the general rule 
  that conferees may not file separate or minority views. Managers on 
  the part of the House must act on a conference report as a whole, 
  either by signing it to indicate their support for all that is 
  included in the report or by declining to sign it to indicate their 
  opposition to any part thereof. Manual Sec. 543; 8 Cannon Sec. 3302. 
  However, under Senate practice, House and Senate signatures with 
  conditions or exceptions are counted toward a majority.


  Sec. 19 . Correction of Errors

      A correction to language appearing in a conference report may be 
  made by the Clerk or the Secretary of the Senate in the enrollment of 
  the bill if authorized by concurrent resolution. Such a concurrent 
  resolution may be considered by unanimous consent, under suspension of 
  the rules, or by report from the Committee on Rules. Manual Sec. 527. 
  In one instance, a conference report and concurrent resolution making 
  changes therein (by correcting the enrollment) were simultaneously 
  adopted under a motion to suspend the rules. Deschler-Brown Ch 33 
  Sec. 30.28.
      The inadvertence of the conferees in failing to dispose of an 
  amendment to a title does not prevent the amendment from coming back 
  to the House for disposition by motion or unanimous consent following 
  adoption of the conference report. 94-2, Apr. 28, 1976, p 11598; 94-2, 
  Sept. 10, 1976, p 29759; 107-2, Oct. 10, 2002, p 20333.


                B. Limitations on Reports; Points of Order


  Sec. 20 . In General

      A point of order against a conference report for failure to comply 
  with a rule of the House must be made when the report is called up for 
  consideration in the House and before debate on it begins. Deschler-
  Brown Ch 33 Sec. 25.9. For a discussion of raising points of order, 
  see Sec. 27, infra.


  Sec. 21 . Reports Exceeding Authority of Managers

      A point of order will lie against a conference report on the 
  ground that the conferees have agreed to a provision that was beyond 
  the limits of their authority. Manual Sec. 1088; Sec. 9, supra. If the 
  point of order is sustained, the conference report is vitiated; and 
  the bill and amendments are again before the House for consideration. 
  Manual Sec. 547; 8 Cannon Sec. 3256; 107-2, Nov. 14, 2002, p 22408.
      Sustaining a point of order on a conference report on the ground 
  that it contains a provision beyond scope does not preclude subsequent 
  consideration of the same provision in the House by motion. The bill 
  and amendments are again before the House and, the stage of 
  disagreement having been reached, motions relating to amendments and a 
  further conference are in order. Deschler-Brown Ch 33 Sec. 25. A 
  matter ruled out as beyond scope may constitute a germane amendment to 
  a Senate amendment remaining in disagreement.
      For a discussion of the Senate scope rule, clause 2 of Senate Rule 
  XXVIII, see Deschler-Brown Ch 33 Sec. 19.4.


  Sec. 22 . --Conference Substitutes or Modifications

      Under clause 9 of rule XXII, a conference report containing a 
  substitute agreed to by the managers may not include matter not 
  committed to the conference by either House. Manual Sec. 1088. Points 
  of order under the rule are confined to language in the conference 
  report and do not extend to expressions of intent in the joint 
  statement. Deschler-Brown Ch 33 Sec. 7.4. Even a modification of a 
  proposition will give rise to a point of order if it is beyond the 
  scope of either the bill or the amendment as committed to conference. 
  Deschler-Brown Ch 33 Sec. 7.11. The deletion of provisions ``not 
  committed to conference'' because the text has been agreed to by both 
  Houses or is identical in the bill and the amendment also may give 
  rise to a point of order. Manual Sec. 527. The managers may eliminate 
  specific words or phrases contained in either version and add words or 
  phrases not included in either version only if they remain within the 
  scope of their differences and do not incorporate additional topics, 
  issues, or propositions. Deschler-Brown Ch 33 Sec. 7.4.


  Sec. 23 . Nongermane Senate Matter

      A Member may raise a point of order against certain language in a 
  conference report if such matter originated in the Senate but would 
  have been considered as not germane if offered to the text when under 
  consideration in the House. The point of order may be raised with 
  respect to a Senate amendment, a conference substitute, or a provision 
  in a Senate bill (if not included in the House-passed version). The 
  point of order must be raised before the report itself is debated. 
  Clause 10(a) of rule XXII.
      If the Chair sustains a point of order that conferees have agreed 
  to a nongermane Senate provision, a motion to reject that provision is 
  in order, which is debatable for 40 minutes, equally divided between 
  the Member offering the motion and a Member opposed. Clause 10(b) of 
  rule XXII. Recognition is not based on party affiliation. Deschler-
  Brown Ch 29 Sec. 17.10. No other point of order under clause 10(a) may 
  be made until disposition of the motion to reject. Manual Sec. 1090.
      Under clause 10(d) of rule XXII, if the House votes in favor of 
  any motion to reject the nongermane matter, the report itself is 
  considered as rejected. The House then automatically proceeds to 
  consider a motion to recede and concur with an amendment (consisting 
  of that portion of the report not rejected) or to insist on its own 
  amendment. Manual Sec. 1089. The adoption of clause 10(d) was based on 
  the principle that a conference report must be acted on as a whole. It 
  must be either agreed to or disagreed to in its entirety. Manual 
  Sec. 549.
      If, after disposition of all motions to reject, the conference 
  report is not rejected, the nongermane Senate matter is retained, and 
  debate commences on the conference report itself. Deschler-Brown Ch 33 
  Sec. 30.24.
      Points of order arising under clause 10(a) of rule XXII are 
  normally waived by a special order of business from the Committee on 
  Rules or by unanimous consent. Sec. 28, infra.


  Sec. 24 . Senate Appropriations on House Legislative Bill

      Under clause 5 of rule XXII, the House managers may not agree to a 
  Senate amendment providing for an appropriation on any bill other than 
  a general appropriation bill unless specific authority to agree to 
  such amendment is first given by the House. Manual Sec. 1076. 
  Therefore, where a House legislative measure has been committed to 
  conference and the conferees agree to a Senate amendment appropriating 
  funds, the conference report thereon is subject to a point of order 
  and may be ruled out. Manual Sec. 1076. This point of order:

     Applies only to Senate amendments that are reported from 
         conference and not to appropriations reported in Senate 
         legislative bills. Manual Sec. 1076.
     Does not apply if House conferees were authorized to agree to 
         the amendment by separate House vote, such as a motion to 
         instruct or a motion to recommit with instructions. Manual 
         Sec. 1076.
     Does not apply to a provision permitted by the House to remain 
         in its own bill. Manual Sec. 1076.
     May be waived by a special order of business or by unanimous 
         consent. Sec. 28, infra.


  Sec. 25 . Senate Legislation on House Appropriation Bill

      Language changing existing law in violation of clause 2(c) of rule 
  XXI--often referred to as ``legislation on an appropriation bill''--
  may give rise to a point of order if it appears in a Senate amendment 
  agreed to by the conference managers. The House managers may not agree 
  to such an amendment unless specific authority to agree to the 
  amendment is first given by the House by a separate vote, such as a 
  vote on a motion to instruct or a motion to recommit with 
  instructions. Manual Sec. Sec. 1039, 1076. The purpose of this 
  restriction is to prevent conference committees from using 
  appropriation bills to legislate or to agree to unauthorized 
  appropriations without the permission of the House. 7 Cannon 
  Sec. 1574.
      Because of the point of order that will lie against the conferees' 
  agreement to a Senate legislative amendment to an appropriation bill, 
  it was at one time a customary practice to report such amendments in 
  technical disagreement, where such Senate amendments were separately 
  numbered. The House would first consider a partial report consisting 
  of the matter agreed to in conference and not in conflict with rule 
  XXI, and then consider separately those amendments reported in real or 
  technical disagreement. Such Senate amendments are not subject to a 
  point of order when reported from conference in disagreement, and may 
  be called up for disposition by separate motion. Manual Sec. 1076. 
  Under clause 8(b)(3) of rule XXII, a preferential motion to insist on 
  disagreement to the Senate amendment is in order if offered by the 
  House committee having jurisdiction thereof and if the original motion 
  to dispose of the Senate legislative amendment offered by the House 
  manager proposes to amend existing law. Manual Sec. 1084; see Senate 
  Bills; Amendments Between the Houses. However, under modern practice, 
  the Senate ordinarily amends a House-passed general appropriation bill 
  with one amendment in the nature of a substitute, which precludes 
  reporting in partial disagreement of portions thereof.


  Sec. 26 . Congressional Budget Act Violations

      Congressional action on legislation reported from a conference 
  committee is subject to the Congressional Budget Act of 1974. Manual 
  Sec. 1127. The following Congressional Budget Act points of order lie 
  against a conference report:

     Containing spending, revenue, or debt-limit legislation for a 
         fiscal year before a budget resolution for that year has been 
         adopted. Sec. 303(a).
     Containing matter within the jurisdiction of the House and 
         Senate Budget Committees but not reported by those committees. 
         Sec. 306.
     On reconciliation legislation if containing a recommendation 
         that changes Social Security. Sec. 310(g).
     Breaching the allocation--to each committee with 
         jurisdiction--of appropriate levels of budgetary spending 
         authority. Sec. 302(f).
     Breaching certain budgetary levels as set forth in the 
         applicable concurrent resolution on the budget. Sec. 311(a).
     Providing certain budget authority beyond that provided for in 
         advance in appropriation acts. Sec. 401.
     Increasing the costs of Federal intergovernmental mandates by 
         amounts that exceed specified thresholds (to be determined by a 
         vote on the question of consideration). Sec. 425.
     On reconciliation legislation (in the Senate only) that 
         includes extraneous provisions (the ``Byrd Rule''). Sec. 313.

  Sec. 27 . Raising Points of Order

                                 Generally

      A point of order against a conference report must be made when the 
  report is called up for consideration and before debate thereon. 
  Deschler-Brown Ch 33 Sec. 25.9. Where a reading is required, a point 
  of order against the report is not entertained until after the report 
  has been read and cannot be reserved during a reading of the report. 
  Deschler-Brown Ch 33 Sec. 25.12; 94-1, Dec. 15, 1975, p 40671. Under 
  clause 8(c) of rule XXII, a conference report is considered as read if 
  it meets the applicable availability requirements. The report also may 
  be considered as read by a special order of business or by unanimous 
  consent.

                         Multiple Points of Order

      The Chair may rule on all points of order raised against a 
  conference report, whether they are made separately or at one time. 
  Deschler-Brown Ch 33 Sec. 25.18. However, the Chair entertains and 
  rules on points of order that, if sustained, will vitiate the entire 
  conference report before entertaining points of order against certain 
  portions of the report under clause 10 of rule XXII. Manual Sec. 1090.
      Where a point of order against a conference report is overruled, 
  an additional point of order may be pressed against the report, 
  providing that debate on the report has not intervened. Deschler-Brown 
  Ch 33 Sec. 25.17.

             Points of Order and the Question of Consideration

      The question of consideration may be raised against a conference 
  report before the Chair entertains points of order against the report 
  under the theory that it is useless to entertain points of order if 
  the House is not going to consider the report. However, a point of 
  order should be decided first if it concerns whether the matter is 
  privileged to come up for consideration in the first instance. Manual 
  Sec. 909.
      Under section 426 of the Congressional Budget Act of 1974, which 
  provides for disposition of points of order against provisions 
  carrying unfunded Federal intergovernmental mandates, a question of 
  consideration can be raised against a conference report that contains 
  a provision increasing the costs of such mandates above levels 
  specified in section 424 of that Act. If the provision is precisely 
  identified in the point of order, the House can then, by voting on the 
  question of consideration, determine whether or not to allow the 
  entire conference report to be considered.

                                 Earmarks

      Clause 9(a) of rule XXI provides that a conference report must be 
  accompanied by a disclosure statement for it to be considered in the 
  House. Such a statement lists the congressional earmarks, limited tax 
  benefits, and limited tariff benefits contained in the conference 
  report or joint explanatory statement, or states that the conference 
  report or joint statement contains no such provisions. Such statements 
  must also include the names of Members requesting such items. Manual 
  Sec. 1068d. A point of order will be sustained against a conference 
  report that is not accompanied by a disclosure statement. The Chair 
  will assess merely its inclusion in the joint explanatory statement 
  but not its accuracy or sufficiency. 110-1, May 10, 2007, pp 12190, 
  12191.
      Clause 9(b) of rule XXI provides for similar treatment of 
  conference reports accompanying general appropriation bills. The joint 
  explanatory statement must include an earmark disclosure statement 
  listing all congressional earmarks and limited tax and tariff benefits 
  that were neither committed to the conference by either House nor 
  contained in a report of a committee of either House on such bill or 
  companion measure (or a statement that the conference report contains 
  no such provisions).
      Clause 9(c) of rule XXI provides for a point of order (disposed of 
  by a question of consideration) against a special order of business 
  that waives either clause 9(a) or 9(b). See Sec. 28, infra.


  Sec. 28 . Waiving Points of Order

                       By Special Order of Business

      Points of order against a conference report--or against the 
  consideration of a conference report--may be waived pursuant to a 
  resolution reported by the Committee on Rules and adopted by the 
  House, and this has become the normal practice. See, e.g., 107-1, H. 
  Res. 312, Dec. 12, 2001, p 25089. The resolution normally waives all 
  points of order but may waive one or more specific points of order. 
  Such a resolution may also waive all points of order against a 
  conference report except against certain provisions, for example, 
  sections therein that contain matter beyond the House conferees' scope 
  of authority in violation of clause 9 of rule XXII. Deschler-Brown Ch 
  33 Sec. 26.8.
      While a resolution may waive the earmark point of order (clauses 
  9(a) and 9(b) of rule XXI), such a resolution would then itself be 
  subject to a point of order under clause 9(c) of rule XXI. The point 
  of order is disposed of by the question of consideration, with 20 
  minutes of debate permitted by the rule. Similarly, a resolution that 
  waives the unfunded mandates point of order under the Congressional 
  Budget Act is likewise subject to a point of order disposed of by the 
  question of consideration. See Question of Consideration and Unfunded 
  Mandates.

                           By Unanimous Consent

      By unanimous consent the House may waive some or all of the points 
  of order that would otherwise lie against a conference report and may 
  take such action before the report has been filed or even before the 
  conferees have reached agreement. 98-2, June 18, 1984, p 16841; 99-1, 
  Dec. 16, 1985, p 26559. By unanimous consent, the House has provided 
  for the following:

     The consideration of a report (on a bill on which conferees 
         had just been appointed) on that same day or any day thereafter 
         (if filed). 99-1, Aug. 1, 1985, p 22640.
     The consideration of a report not yet filed and amendments 
         reported in disagreement, subject to one-hour availability to 
         Members. Deschler-Brown Ch 33 Sec. 2.24.
     The filing and consideration of a report containing no joint 
         statement of the managers. 98-2, June 29, 1984, p 20206.
     The midnight filing of a new report on a bill earlier 
         recommitted to conference, and the consideration of the report 
         on the following day. 97-2, Aug. 17, 1982, pp 21397, 21398.

                      By Motion to Suspend the Rules

      A conference report may be adopted pursuant to a motion to suspend 
  the rules. Deschler-Brown Ch 33 Sec. 30.26. The Speaker may recognize 
  a Member to move to suspend the rules and agree to a conference report 
  that has been ruled out of order because the conferees exceeded their 
  authority in violation of clause 9 of rule XXII or because the 
  conference report has not met its availability requirement under 
  clause 8 of rule XXII. Deschler-Brown Ch 33 Sec. 26.28; Deschler-Brown 
  Ch 33 Sec. 27.9.


                C. Consideration and Disposition of Reports


  Sec. 29 . In General; Custody of Official Papers

      Both Houses of Congress must agree to a conference report, and 
  they do so seriatim. Either House must be in possession of the 
  official papers before it can act. Manual Sec. 549. Under a practice 
  suggested by Jefferson, at the close of an effective conference, the 
  official papers change hands from the House asking the conference to 
  the House agreeing to the conference. The managers on the part of the 
  House agreeing to the conference take possession of the papers and 
  submit them and the report to their House, which acts first on the 
  report. However, the managers for the agreeing House may nevertheless 
  informally surrender the papers to the asking House so that it may act 
  first on the report. Manual Sec. 555; 8 Cannon 3330.
      In the event that the matter in disagreement is an amendment of 
  the House that requested the conference, the papers may be surrendered 
  to the other House to permit it to act first on, and respond to, that 
  amendment. Deschler-Brown Ch 33 Sec. 24.13.


  Sec. 30 . Layover and Availability Requirements

                                 Generally

      The floor consideration of conference reports is subject to 
  layover and availability requirements under clause 8(a) of rule XXII. 
  Manual Sec. 1082. They require that conference reports:

     Be printed in the Congressional Record on the day filed and be 
         available for three calendar days (excluding Saturdays, 
         Sundays, and legal holidays unless the House is in session).
     Be available to Members on the floor for at least two hours 
         before consideration thereof.

      In the 113th Congress, clause 8(a) of rule XXII was amended to 
  allow electronic copies of the conference report to satisfy these 
  availability requirements. 113-1, Jan. 3, 2013, p__.
      The three-day layover requirement does not apply during the last 
  six days of a session. Manual Sec. 1082. This is construed to mean 
  that, during the last six calendar days before the constitutional end 
  of a session on January 3, a conference report may be called up on the 
  same day it is filed. Deschler-Brown Ch 33 Sec. 22.5.

                                  Waivers

      The three-day layover rule may be waived by unanimous consent, by 
  suspension of the rules, or, more commonly, by adoption of a special 
  order of business. Sec. 28, supra. A resolution only waiving the 
  availability requirement may be considered on the same day the 
  resolution is reported under clause 8(e) of rule XXII and clause 
  6(a)(2) of rule XIII. Such a resolution may permit a waiver of the 
  three-day layover requirement for the remainder of a session. 93-2, 
  Dec. 18, 1974, pp 40846, 40847.
      Even if the three-day layover requirement is waived, the 
  conference report is still to be available at least two hours before 
  the matter is taken up for consideration, although the two-hour 
  requirement may likewise be waived pursuant to a special order of 
  business. Deschler-Brown Ch 33 Sec. 27.10. The two-hour requirement 
  also may be waived pursuant to a unanimous-consent agreement providing 
  for consideration ``immediately'' after filing. Deschler-Brown Ch 33 
  Sec. 27.9.


  Sec. 31 . Filing and Calling Up Report; Reading

                           Generally; Precedence

      Because of its potential value in settling House-Senate 
  differences, the filing of a conference report is considered as a 
  matter of high privilege. Clause 7 of rule XXII; Manual Sec. 1077; 5 
  Hinds Sec. 6443. A conference report must be filed by a conferee. Its 
  presentation or filing takes precedence over:

     Unfinished business. Manual Sec. 1077.
     The reading of a bill. 5 Hinds Sec. 6448.
     A Member occupying the floor in debate. 5 Hinds Sec. 6451.
     The ordering of (or demand for) the previous question. 5 Hinds 
         Sec. Sec. 6449, 6450.
     The question of ordering a recorded vote. 5 Hinds Sec. 6447.
     A motion to refer a Senate bill. 5 Hinds Sec. 6457.
     A motion to reconsider. 5 Hinds Sec. 5605.
     A motion to adjourn (although as soon as the report is 
         presented the motion to adjourn may be put). Manual Sec. 1077.

      A conference report may be called up in the House as privileged 
  business after the report has been filed and is in compliance with the 
  three-day layover and two-hour availability requirements of rule XXII. 
  Sec. 30, supra.

                              Who May Call Up

      A conference report may be called up for consideration in the 
  House by the senior manager on the part of the House at the 
  conference. Such report may be called up by a manager who is in fact 
  opposed to the report and who did not sign it. Deschler-Brown Ch 33 
  Sec. 23.3. If the senior House manager is unable to be present on the 
  floor to call up the report, the Speaker will recognize another 
  majority member of the conference committee. Deschler-Brown Ch 33 
  Sec. 23.1.

                                  Reading

      Under clause 8(c) of rule XXII, a conference report that meets the 
  availability requirements need not be read when called up for 
  consideration in the House. If it has not met the availability 
  requirements, it must be read in full when called up for 
  consideration, unless dispensed with by a special order of business or 
  by unanimous consent. The statement of the managers accompanying a 
  conference report may by unanimous consent be read in lieu of the 
  report. Deschler-Brown Ch 33 Sec. 20.9.

                         Withdrawal; Postponement

      A conference report may be withdrawn from consideration in the 
  House by the Member calling it up at any time before action thereon. 
  Deschler-Brown Ch 33 Sec. 20.9. Similar practice in the Senate has 
  been criticized. 5 Hinds Sec. 6549.
      A motion to postpone the consideration of a conference report to a 
  day certain is permitted until the previous question is ordered on the 
  report. Thereafter, postponement is permitted only by unanimous 
  consent (except for the Speaker's authority to postpone the vote on 
  adoption of a conference report under clause 8 of rule XX). Deschler-
  Brown Ch 33 Sec. 30.9. Under clause 1(c) of rule XIX, where the 
  previous question is operating to adoption of a conference report 
  pursuant to a special order of business, the Speaker has authority to 
  postpone further consideration of the conference report until a later 
  time. Manual Sec. 1000a.


  Sec. 32 . En Bloc Consideration

                                  Reports

      Ordinarily, it is not permissible to consider several conference 
  reports en bloc. Each conference report should be considered and voted 
  upon separately. Deschler-Brown Ch 33 Sec. 30.2. However, pursuant to 
  a resolution from the Committee on Rules, the House may consider and 
  vote on two or more conference reports en bloc. Deschler-Brown Ch 33 
  Sec. 22.10. A single conference report is not subject to a demand for 
  a division of the question. 111-1, Oct. 8, 2009, p 24376.

                        Amendments in Disagreement

      Where two or more amendments have emerged from conference in 
  disagreement, they may by unanimous consent be considered en bloc 
  where the same motion is to be applied to each amendment. Deschler-
  Brown Ch 33 Sec. 29.42. Proposed motions to dispose of the amendments 
  that are not all the same (as where they proposed to recede and concur 
  with different amendments) also may be considered by unanimous 
  consent. Deschler-Brown Ch 32 Sec. 11.10. For disposition of Senate 
  amendments generally, see Senate Bills; Amendments Between the Houses.


  Sec. 33 . Debate

                         Generally; Extending Time

      Debate on a conference report is under the hour rule. Clause 2 of 
  rule XVII; clause 8(d) of rule XXII; Manual Sec. Sec. 957, 1086. Such 
  debate may be extended by unanimous consent or by special order of 
  business reported by the Committee on Rules but not by motion. 
  Deschler-Brown Ch 33 Sec. Sec. 28.2, 28.3. The one hour of debate 
  could also be continued if the motion for the previous question were 
  rejected. 93-2, Feb. 27, 1974, p 4397.

                             Division of Time

      Under clause 8(d) of rule XXII, the time for debate on a 
  conference report or an amendment emerging from conference in 
  disagreement is equally divided between the majority and minority 
  parties. The rule has been interpreted to require an equal allocation 
  of time on a motion to dispose of an amendment in disagreement 
  following rejection of a conference report by the House or following 
  the sustaining of a point of order against a conference report. 
  Indeed, it has become the practice of the House to equally divide the 
  time on all motions to dispose of amendments emerging from conference 
  in disagreement, whether the amendment has been reported in 
  disagreement or has come before the House at some other stage for 
  disposition. Manual Sec. 1086.

                       Three-way Division of Debate

      Clause 8(d) of rule XXII provides that, if both the floor manager 
  for the majority and the floor manager for the minority support a 
  conference report, the hour of debate thereon may be divided three 
  ways--among the two managers and a Member who is opposed. Manual 
  Sec. 1086. This allocation may not be claimed if the minority manager 
  indicates opposition to the report. 99-2, Oct. 15, 1986, p 31515. 
  Recognition of a Member to control the 20 minutes of debate in 
  opposition does not depend upon party affiliation. Priority in such 
  recognition is accorded to a member of the conference committee. A 
  three-way division of debate time is available even where a special 
  order allocates debate time and orders the previous question to 
  adoption without intervening motion. Manual Sec. 1086.
      To open debate, the Chair recognizes first the majority manager 
  calling up the conference report, then the minority manager, then the 
  Member in opposition. The right to close the debate where the time is 
  divided three ways falls to the manager calling up the conference 
  report. A similar three-way division of time applies to the motion 
  offered by the floor manager to dispose of an amendment remaining in 
  disagreement if the floor managers for the majority and minority favor 
  the motion. Manual Sec. 1086.


  Sec. 34 . --Recognition; Control of Debate Time

                                 Generally

      When a conference report is called up or a Senate amendment in 
  disagreement is pending, the hour of debate time is equally controlled 
  by the majority and minority parties. Manual Sec. 1086. Where the 
  Member calling up the report does not seek recognition as a majority 
  member to offer a motion to dispose of the matter reported in 
  disagreement, another majority member may be recognized to offer such 
  a motion and to control one-half of the time thereon. Deschler-Brown 
  Ch 32 Sec. 8.11. Where conferees have been appointed from two 
  committees of the House, the Speaker may recognize the chair of one 
  committee to control 30 minutes and a minority member of another 
  committee to control 30 minutes. Deschler-Brown Ch 33 Sec. 28.6. By 
  unanimous consent, the time allocated to the majority and minority may 
  be reallocated to other Members, with the right of those Members to 
  yield time to other Members. 99-2, Oct. 8, 1986, p 29714.
      Debate in the House on a Senate amendment reported from conference 
  in disagreement having been divided, the minority member in charge 
  controls 30 minutes for debate only and may yield to other Members for 
  debate only. Another minority member, merely by offering a 
  preferential motion, does not thereby control one-half of the time 
  under the original motion. Manual Sec. 1086.
      However, if the original motion is defeated, recognition may shift 
  and a second motion to dispose of the amendment may be offered; and if 
  the second motion is offered by a minority member, the Chair may 
  allocate the hour of debate between such minority member and a 
  majority member, although neither controlled time on the initial 
  motion. Manual Sec. 1086.

                 Debate Following Division of the Question

      Where a preferential motion to recede and concur in an amendment 
  reported from conference in disagreement has been divided, one hour of 
  debate, equally divided between the majority and minority, is 
  permitted on the motion to recede. If the previous question is ordered 
  only on the motion to recede and if the House then recedes and a 
  preferential motion to concur with an amendment is offered, another 
  hour of debate equally divided is permitted. 95-1, Aug. 2, 1977, p 
  26206; 95-2, Oct. 5, 1978, p 33698. The Chair may put the question on 
  receding without debate if the majority and minority floor managers do 
  not seek recognition to debate that portion of the original motion, 
  because the subsequent question of concurring, or concurring with an 
  amendment, is debatable for one hour, equally divided between the 
  managers. 98-2, Oct. 10, 1984, p 31694.


  Sec. 35 . Recommittal of Report

                           Generally; By Motion

      A motion to recommit a conference report to the existing 
  conference committee is in order if the other House has not acted on 
  the report and thereby discharged its managers. Manual Sec. 550. Such 
  motion is not debatable. 111-2, June 30, 2010, p 12462. After one 
  House has acted on a report, the other House has only the option of 
  accepting or rejecting it. Deschler-Brown Ch 33 Sec. 32.6. After both 
  Houses have acted on the report, it may be recommitted to conference 
  only by concurrent resolution. Manual Sec. 550; 8 Cannon Sec. 3316.
      The motion to recommit is initially the prerogative of the 
  minority. See Refer and Recommit. However, the Speaker has recognized 
  a majority member to offer a motion to recommit a conference report in 
  the absence of a minority member seeking recognition to offer the 
  motion. Deschler-Brown Ch 33 Sec. 32.20.
      A motion to recommit a conference report is not in order until the 
  previous question has been ordered on the report. Deschler-Brown Ch 33 
  Sec. 32.10. Only one valid motion is permitted, so if the motion is 
  voted down, the question before the House is on the adoption of the 
  report. Deschler-Brown Ch 33 Sec. 32.52. However, if a recommittal 
  motion with instructions is ruled out on a point of order, a valid 
  motion may still be offered. A motion to recommit comes too late after 
  the report has been agreed to. Deschler-Brown Ch 33 Sec. 32.13.
      Under section 305(a)(6) of the Congressional Budget Act of 1974, a 
  motion to recommit a conference report on a concurrent resolution on 
  the budget is not in order.
      Where a conference report is recommitted to conference, the House 
  managers carry the original papers back to conference. Deschler-Brown 
  Ch 33 Sec. 32.51. The same conferees remain appointed. Deschler-Brown 
  Ch 33 Sec. 32.2. To produce a new conference report, the conference 
  must meet again and obtain new signatures for the second report. If a 
  second report is then filed by the conferees, it is numbered and 
  otherwise treated as a new and separate report. Deschler-Brown Ch 33 
  Sec. 32.48. Because the same conference remains in being after 
  recommittal, the time period regarding the availability of a 
  subsequent motion to instruct resumes from where it was tolled when 
  the conference report was filed. 101-2, June 28, 1990, p 16157. See 
  Sec. 14, supra.
      For a discussion of instructions in a motion to recommit, see 
  Sec. 15, supra.

       Recommittal by Unanimous Consent or Special Order of Business

      Conference reports are sometimes recommitted by unanimous consent 
  in the House acting first. Deschler-Brown Ch 33 Sec. 32.40. This 
  procedure may be used:

     To recommit a report in which an error has been discovered. 
         Deschler-Brown Ch 33 Sec. 32.40.
     To permit the conferees to make certain changes and to file a 
         new report. Deschler-Brown Ch 33 Sec. 32.41.
     Where the conferees have exceeded their authority in reporting 
         a matter not in disagreement. 90-1, June 28, 1967, p 17738.

      A conference report also may be recommitted by the adoption of a 
  special order of business reported by the Committee on Rules. See, 
  e.g., 107-1, May 8, 2001, pp 7358-62; 108-1, Oct. 28, 2003, p 25990.


  Sec. 36 . Final Disposition of Report; Voting

                                 Generally

      As a general rule, when a conference report has been debated and 
  its final disposition is pending, only three courses of action are 
  available to the Members: (1) agree; (2) disagree; or (3) recommit to 
  conference. 5 Hinds Sec. Sec. 6546, 6558. For recommittal, see 
  Sec. 35, supra. Conference reports may not be:

     Amended (5 Hinds Sec. Sec. 6534, 6535), except by concurrent 
         resolution (5 Hinds Sec. 6536).
     Disposed of by the motion to table after the previous question 
         is ordered. 5 Hinds Sec. Sec. 6538-6544.
     Referred to a standing committee. 5 Hinds Sec. 6558.
     Sent to the Committee of the Whole. 5 Hinds Sec. Sec. 6559-
         6561.

      A report having been called up, the motion to agree to the report 
  is regarded as pending. The Speaker may put the question on the report 
  without motion from the floor. 5 Hinds Sec. 6517; 8 Cannon Sec. 3300. 
  Although most reports are agreed to by majority vote, a two-thirds 
  vote is required on a report relating to a constitutional amendment (5 
  Hinds Sec. 7036) and under clause 5(b) of rule XXI, a three-fifths 
  vote is required on a conference report carrying a Federal income tax 
  rate increase. For the Speaker's discretion to postpone a vote on a 
  conference report, see clause 8 of rule XX; Manual Sec. 1030. For 
  postponement of conference reports, see Sec. 31, supra.
      Under clause 10 of rule XX, the yeas and nays are considered 
  ordered on the adoption of a conference report on a general 
  appropriation bill, on a concurrent resolution on the budget, or on a 
  bill increasing Federal income tax rates.

                              Partial Reports

      A conference report must generally be acted on as a whole and 
  either agreed to or disagreed to in its entirety. Rejection of a 
  portion of a conference report under a special order of business 
  permitting such a separate vote results in the rejection of the entire 
  report. Deschler-Brown Ch 33 Sec. 30.5. Until the report has been 
  acted on, no motion to deal with individual amendments reported in 
  disagreement is in order. 5 Hinds Sec. Sec. 6323, 6389, 6390. In some 
  cases, however, the managers return to the House with a partial 
  conference report dealing with the amendments on which they have 
  reached agreement but specifying one or more amendments that remain in 
  disagreement. 5 Hinds Sec. Sec. 5460-5464. In such cases, the vote 
  first occurs on agreeing to the conference report on those matters on 
  which agreement has been reached. The amendments reported therein in 
  disagreement are reported and acted on seriatim thereafter. Deschler-
  Brown Ch 33 Sec. 29.3. For a discussion of amendments reported in 
  total disagreement, see Sec. 38, infra.

                      Motions to Reconsider the Vote

      After disposition of the report and any or all amendments reported 
  from conference in disagreement, it is in order to move to reconsider 
  the vote on a motion disposing of one of the amendments. Deschler-
  Brown Ch 33 Sec. Sec. 30.35, 30.36. The Speaker may put as one 
  question reconsideration of multiple votes (subject to demand for a 
  separate vote on reconsideration of any question) and a Member may 
  then move to lay all motions to reconsider on the table. 95-2, Oct. 4, 
  1978, p 33480. Under section 305(a)(6) of the Congressional Budget Act 
  of 1974, a motion to reconsider the vote on a conference report on a 
  concurrent resolution on the budget is not in order.


  Sec. 37 . Effect of Rejection of Report; Further Conferences

      When either House disagrees to a conference report, the matter is 
  left in the position it was in before the conference was asked. 5 
  Hinds Sec. 6525. Motions for the disposition of amendments in 
  disagreement or to send the matter to further conference are again in 
  order. Clause 4 of rule XXII; Manual Sec. Sec. 551, 1075; 8 Cannon 
  Sec. 3303. Thus, the House may reject a conference report, insist on 
  disagreement to a Senate amendment, and ask for a further conference. 
  Manual Sec. 528d. However, a motion to instruct House managers at a 
  new conference is not in order until the motion to go to further 
  conference has been agreed to. Deschler-Brown Ch 33 Sec. 31.8.


        D. Disposition Where Managers Report in Total Disagreement


  Sec. 38 . In General

      Where the managers at a conference are unable to come to any 
  agreement on the matters committed to them, they prepare and sign a 
  written report to that effect. 5 Hinds Sec. Sec. 6565-6570. The report 
  is filed and ordered printed. Manual Sec. 545. Under the former 
  practice, amendments reported in total disagreement could be taken up 
  for immediate consideration in the House. 8 Cannon Sec. Sec. 3299, 
  3332. Today the matter in disagreement is subject to the layover 
  requirement of clause 8(b) of rule XXII.
      House action on amendments reported in total disagreement differs 
  from that of the Senate. In the Senate a conference report in total 
  disagreement is considered before disposition of the reported 
  amendments. Deschler-Brown Ch 33 Sec. 29.13. In the House, after the 
  report is called up, action is taken on the amendment in disagreement 
  but not on the report. Deschler-Brown Ch 33 Sec. 29.3. Thus, where 
  conferees report in disagreement absent a special order of business, 
  and the Senate then recedes and concurs in the House amendments with 
  an amendment, the conference report is not acted on in the House; the 
  Speaker merely directs the Clerk to report the Senate amendments to 
  the House amendments for disposition by motion. Deschler-Brown Ch 33 
  Sec. 29.28. Debate (including possible three-way debate) and voting 
  proceeds in the same manner as on amendments reported from conference 
  in partial disagreement. See Sec. 33, supra. Motions to dispose of 
  amendments in disagreement, see Senate Bills; Amendments Between the 
  Houses.
                                CHAPTER 14
                  CONGRESSIONAL PROCEDURES ENACTED IN LAW

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Constitutionality
  Sec. 3. Consideration in the House
        Research References
          U.S. Const. art. I, Sec. 7
          Manual Sec. 1130


  Sec. 1 . In General

      Congress has enacted numerous laws reserving for itself the right 
  of review by approval or disapproval of certain actions of the 
  executive branch or of independent agencies. These laws take various 
  forms, often including expedited procedures. For example, the Alaska 
  Natural Gas Transportation Act of 1976 permits the privileged 
  consideration of joint resolutions approving Presidential decisions on 
  the Alaska natural gas transportation system when those resolutions 
  are reported from committee or are discharged after 30 days. 15 USC 
  Sec. Sec. 719f, 719g; Manual Sec. 1130(18); 95-1, Nov. 1, 1977, p 
  36347. Another statute sets forth a similar procedure for 
  congressional approval or disapproval of certain actions by the 
  District of Columbia Council. District of Columbia Home Rule Act, 
  Sec. Sec. 602(c), 604; Manual Sec. 1130(5). The House Rules and Manual 
  carries a compilation of current texts of congressional disapproval 
  provisions that include expedited procedures. Manual Sec. 1130.


  Sec. 2 . Constitutionality

      Federal court decisions indicate that congressional action to 
  approve or disapprove an executive branch determination should be 
  undertaken by way of a bill or joint resolution and not by way of a 
  simple or concurrent resolution or through committee action. In 1983, 
  the Supreme Court declared in Immigration and Naturalization Service 
  v. Chadha (462 U.S. 919 (1983)) that a statute permitting the 
  disapproval of a decision of the Attorney General by simple resolution 
  of one House (``one-House veto'') was unconstitutional. The Court said 
  the device violated the doctrine of separation of powers and the 
  doctrines of bicameralism and presentment. The Court found the one-
  House veto to be legislative in nature and thereby requiring identical 
  texts to pass both Houses and be presented to the President. In an 
  earlier decision, the Court of Appeals specifically held a ``one-House 
  veto'' in the Natural Gas Policy Act of 1978 (15 USC Sec. 3341(b)) 
  unconstitutional. In its decision, the District of Columbia Court of 
  Appeals said that the primary basis for its holding was that the one-
  House veto violates article I, section 7, of the Constitution both by 
  preventing the President from exercising the veto power and by 
  permitting legislative action by only one House of Congress. The 
  circuit court also found the one-House veto to contravene the 
  separation of powers principle implicit in articles I, II, and III 
  because it authorizes the legislature to share powers properly 
  exercised by the other two branches of government. The court declared 
  that article I, section 7, sets forth the fundamental prerequisites to 
  the enactment of Federal laws--bicameral passage of legislation and 
  presentation for approval or disapproval by the President--and held 
  that congressional disapproval of final agency rules must comply with 
  these requirements. The court added that Congress may choose to use a 
  resolution of disapproval as a means of expediting action, but only if 
  it acts by both Houses and presents the resolution to the President. 
  Consumer Energy Council of America, et al. v. FERC, 673 F.2d 425 (D.C. 
  Cir. 1982), aff'd 463 U.S. 1216 (1983).
      In the light of these decisions, Congress has amended several 
  statutes to convert procedures involving simple or concurrent 
  resolutions of approval or disapproval to procedures requiring joint 
  resolutions to be presented to the President for signature or veto. 
  Manual Sec. 1130.


  Sec. 3 . Consideration in the House

      Many ``legislative procedure'' statutes prescribe special 
  procedures for the House to follow when reviewing executive branch 
  actions. For a compilation of the relevant provisions of such 
  statutes, see Manual Sec. 1130. These procedures technically are rules 
  of the House, enacted expressly or implicitly as an exercise of the 
  House's rulemaking authority. At the beginning of each Congress, it is 
  customary for the House to reincorporate by reference in the 
  resolution adopting its rules such legislative procedures as may exist 
  in current law. Nevertheless, because the House retains the 
  constitutional right to change its rules at any time, the Committee on 
  Rules may report a resolution varying (or disabling) such procedures. 
  Manual Sec. 1130.
      Where a law enacted as a rule of both Houses provides special 
  procedures during consideration of a joint resolution approving a 
  Presidential determination, and the House adopts a special order of 
  business providing for consideration of such a joint resolution in the 
  House, the Speaker will nevertheless interpret the special statutory 
  provisions to apply if consistent with the special order of business. 
  97-1, Dec. 10, 1981, p 30486.
  
                                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 clause 1(k) of 
  rule X, the Committee on House Administration has jurisdiction over 
  matters relating to printing and correction of the Record.
      A Member is not entitled to inspect the reporter's notes of 
  remarks of others not reflecting on that Member nor may such Member 
  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 statute, 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.
      Clause 8 of rule XVII 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.
      Members must be properly recognized by the Chair for their remarks 
  to be transcribed for the Record, and the interjected remarks of 
  Members not under recognition will not be carried. The Chair has 
  reminded Members to be orderly in the process of yielding and 
  reclaiming time so that remarks may properly be transcribed. If a 
  Member delivers remarks in a foreign language, the Chair will direct 
  such Member to provide an English translation for inclusion in 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 clause 7 of rule XII. 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 clause 8 of 
         rule XVIII. 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 clause 1 of rule XII. Manual 
         Sec. Sec. 815, 875.
    Motions to discharge. Manual Sec. 892.
    Certain 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.
    Constitutional authority statements to accompany introduced 
         measures pursuant to clause 7(c) of rule XII. Manual Sec. 826a.

      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 remarks (5 Hinds Sec. Sec. 6997-7000; 8 Cannon Sec. 3475), 
  whether or not a copyrighted article shall be printed therein (5 Hinds 
  Sec. 6985), or whether there has been an abuse of the leave to print 
  insertions (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.
    Summaries of the work of Congress or its committees at 
         adjournment. Deschler Ch 5 Sec. 16.
    Extraneous and tabular matter to establish legislative history 
         concerning the codification of the standing rules. 106-1, Jan. 
         6, 1999, p 78.
    Extraneous and tabular matter to accompany appropriation 
         measures. 111-1, May 14, 2009, p 12571.

                Printing Bills in the Congressional Record

      Measures considered in the House are printed in the Congressional 
  Record at the beginning of consideration. If an amended version of the 
  measure is made in order under the special order of business providing 
  for its consideration, that amended version is printed at the 
  beginning of consideration, 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 of business providing for 
  its consideration. The measure is printed as read by the Clerk. For 
  example, if under a special order of business 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.


  Sec. 3 . Corrections; Deletions

      Under clause 8 of rule XVII, 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 clause 8(c) of rule XVII, this requirement may be 
  investigated by the Committee on Ethics. 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 a 
  Member not under recognition do not appear in the Record. Manual 
  Sec. Sec. 687, 946.
      The Committee of the Whole has no authority over 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 transcription 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 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 may be offered 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 motions under clause 4 of rule XVI. 
  Deschler Ch 5 Sec. Sec. 18.7-18.10.
      A resolution alleging inaccuracies in the President's state of the 
  Union message and authorizing corrections to the Congressional Record 
  does not give rise to a question of the privileges of the House. 108-
  1, Oct. 20, 2003, p 25256.


  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. 
  Members, with permission of the House, may extend their remarks in 
  this part of the Record so as to insert (1) speeches that were not 
  actually delivered on the floor and (2) extraneous materials related 
  to the subject under discussion. 5 Hinds Sec. Sec. 6990-6993; Deschler 
  Ch 5 Sec. 20; Manual Sec. 692. 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 normally permitted by 
  unanimous consent, a motion to do so not being privileged. 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 pages) at the beginning of each Congress. See, 
  e.g., 106-1, Jan. 6, 1999, p 247; 112-1, Jan. 5, 2011, p 103. The 
  chair of the Committee of the Whole may recognize Members to extend 
  their 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. Typically, the manager of a bill will propound 
  a unanimous-consent request to authorize such extensions, to be 
  submitted within five legislative days, which begin running on the day 
  on which permission is granted. 8 Cannon Sec. 3476. If submitted on 
  the day the bill was considered, such extensions will appear in the 
  daily Record immediately after general debate on the bill, in a 
  different typeface. If submitted at a later time, such extensions 
  appear in the ``Extensions of Remarks'' portion of the daily Record. 
  When the permanent Record is published, all such extensions are 
  printed immediately following general debate.
      The revised material inserted under permission to extend remarks 
  must be clearly distinguishable, by different typeface, from the 
  substantially verbatim account of proceedings. The Speaker has 
  instructed the Official Reporters of Debates to adhere strictly to 
  this requirement. Manual Sec. 687.
      When the manager of a measure yields to another Member so that 
  such Member may propound a unanimous-consent request to revise and 
  extend remarks, debate time is not deducted from the time allocated to 
  the manager. However, the Member making the request should not 
  embellish the request with additional oratory in the nature of debate. 
  The Chair has discretion to deduct time from the yielding Member if 
  the request is accompanied by debate. The Chair's determination of 
  whether additional oratory constitutes debate is subject to appeal. It 
  is not a proper motion to request that deducted time be restored to 
  the yielding Member. 113-1, July 11, 2013, p__; Manual Sec. 957.

                                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.

                            Strict Construction

      Authorizations to extend remarks in the Congressional Record are 
  strictly construed. Deschler Ch 5 Sec. 20. A Member who has received 
  permission only to extend remarks may not also 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 only to extend remarks on a 
  specific bill must confine the 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 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 revise, extend, or insert, 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) or cost-
         estimate requirements for extraneous matter exceeding two 
         Congressional Record pages (Manual Sec. 692).
    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.

                    Abuse of Leave to Print Insertions

      Abuse of the leave to print insertions may give 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 daily edition of 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. A 
  committee appointed to investigate the propriety of a Member's remarks 
  appearing in the Record may afford the Member 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 privileges 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 is 
  debatable. 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.

                                   Forms

      Member: M_. Speaker, I ask unanimous consent to extend my remarks 
    and to include extraneous material on H.R. _____.
      Manager: M_. Speaker, I ask unanimous consent that all Members may 
    have five legislative days in which to revise and extend their 
    remarks and include extraneous material on H.R. _____.
      Majority Leader: M_. 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.''
    
                                CHAPTER 16
                         CONSIDERATION AND DEBATE

                              HOUSE PRACTICE

              A. Introductory; Initiating Consideration and Debate

  Sec.  1. In General; In the House
  Sec.  2. Order of Consideration
  Sec.  3. Use of Special Orders of Business
  Sec.  4. Consideration Under Suspension of the Rules
  Sec.  5. Role of Calendars
  Sec.  6. Consideration by Unanimous Consent
  Sec.  7. In the Committee of the Whole
  Sec.  8. In the House as in the Committee of the Whole
  Sec.  9. Limitations on Debate; Nondebatable Matters

              B. Control and Distribution of Time for Debate

  Sec. 10. In General; Role of Manager
  Sec. 11. Distribution and Alternation; Closing General Debate
  Sec. 12. Management by Committee; Closing Controlled Debate on an 
  Amendment
  Sec. 13. Designation of Member Who May Call Up a Measure
  Sec. 14. Effect of Special Orders of Business
  Sec. 15. Yielding Time--For Debate
  Sec. 16. --Yielding for Amendment
  Sec. 17. Interruptions; Losing or Surrendering Control

              C. Relevancy in Debate

  Sec. 18. In General; In the House
  Sec. 19. In the Committee of the Whole--General Debate
  Sec. 20. --Under the Five-Minute Rule

              D. Disorder in Debate

  Sec. 21. In General
  Sec. 22. Disorderly Language
  Sec. 23. --Critical References to the Senate and to Senators
  Sec. 24. --References to the Press, Media, or Gallery
  Sec. 25. --References to Executive Officials
  Sec. 26. Procedure; Calls to Order
  Sec. 27. --Procedure in the Committee of the Whole
  Sec. 28. --Taking Down Words
  Sec. 29. --Withdrawal or Modification of Words
  Sec. 30. --Permission to Explain
  Sec. 31. --Speaker's Ruling
  Sec. 32. --Discipline; Post-Ruling Motions

              E. Critical References to the House, Committees, or 
                 Members

  Sec. 33. In General; Criticism of the House
  Sec. 34. Criticism of Committees
  Sec. 35. Criticism of Speaker
  Sec. 36. Criticism of Legislative Actions or Proposals
  Sec. 37. Critical References to Members
  Sec. 38. --Use of Colloquialisms; Sarcasm
  Sec. 39. --Impugning Motives
  Sec. 40. --Charging Falsehood or Deception
  Sec. 41. --Lack of Intelligence or Knowledge
  Sec. 42. --References to Race, Creed, or Racial Prejudice
  Sec. 43. --Charges Relating to Loyalty or Patriotism

              F. Duration of Debate in House

  Sec. 44. In General
  Sec. 45. The Hour Rule
  Sec. 46. Ten-minute, 20-minute, and 40-minute Debate
  Sec. 47. Debate in the House as in the Committee of the Whole
  Sec. 48. Limiting or Extending Time for Debate
  Sec. 49. Terminating Debate
  Sec. 50. One-minute and Special-order Speeches; Morning-hour Debate

              G. Duration of Debate in the Committee of the Whole

  Sec. 51. In General; Effect of Special Orders of Business
  Sec. 52. General Debate
  Sec. 53. Limiting General Debate
  Sec. 54. Five-minute Debate
  Sec. 55. --Limiting or Extending Five-minute Debate--By House Action
  Sec. 56. --By Motion in the Committee of the Whole
  Sec. 57. --By Unanimous Consent in the Committee of the Whole
  Sec. 58. Motions Allocating or Reserving Time
  Sec. 59. Timekeeping; Charging Time

              H. Reading Papers; Displays and Exhibits

  Sec. 60. Reading Papers
  Sec. 61. Use of Exhibits
  Sec. 62. --Decorum Requirements

              I. Secret Sessions

  Sec. 63. In General
  Sec. 64. Motions; Debate
  Sec. 65. Secrecy Restrictions and Guidelines
        Research References
          5 Hinds Sec. Sec. 4978-5299
          8 Cannon Sec. Sec. 2448-2608
          Deschler-Brown Ch 29
          Manual Sec. Sec. 359-364, 368-371, 374, 465, 622, 891, 945-
            969, 978-981, 987, 994-999


           A. Introductory; Initiating Consideration and Debate


  Sec. 1 . In General; In the House

                    Generally; Initiating Consideration

      Whether and how a matter is to be considered depends on many 
  factors--the way it is brought to the floor, the nature and precedence 
  of the proposal, and agreements reached by the leadership and 
  membership on the method of consideration. The House may reject a 
  proposal to consider a matter by voting on the question of 
  consideration. See Question of Consideration.
      There are four common procedures under which measures may be 
  called up for consideration: (1) special orders of business reported 
  from the Committee on Rules; (2) motions to suspend the rules; (3) 
  unanimous-consent agreements; and (4) standing rules for certain 
  measures reported as privileged under clause 5 of rule XIII. Manual 
  Sec. Sec. 853-868. However, nonprivileged matter contained in a 
  measure reported under clause 5 of rule XIII destroys the privilege of 
  the measure; and consideration must depend on another procedure. 
  Manual Sec. Sec. 854, 855.
      House rules expressly preclude introduction or consideration of 
  certain commemorative measures (clause 5 of rule XII), as well as 
  consideration of certain private bills (clause 4 of rule XII) and 
  measures carrying a retroactive Federal income tax rate increase 
  (clause 5(c) of rule XXI).
      Generally, questions are not considered on the floor unless 
  reported or discharged from House committees, although rule IX and 
  practices of the House permit the immediate consideration of 
  introduced measures under certain circumstances. Sec. Sec. 3, 4, 6, 
  infra. Certain time periods or ``layover'' requirements may be a 
  condition precedent to consideration in the House after a committee 
  has reported. See Committees. If a bill or joint resolution is 
  unreported, clause 11 of rule XXI prevents consideration until the 
  third calendar day on which such measure has been available to 
  Members. For recognition by the Chair to call up measures under the 
  various procedures, see Recognition.
      Other factors bearing on consideration include whether the 
  proposal has been referred to the House or Union Calendar or whether 
  the proposal is called up from a particular special calendar, such as 
  the Private Calendar. See Sec. 5, infra.

                             Initiating Debate

      As a general rule, debate is not in order until a debatable motion 
  has been offered and stated by the Chair or read by the Clerk. 5 Hinds 
  Sec. Sec. 4982-4985, 5304. However, debate may be initiated without 
  motion:

     Under a reservation of the right to object to a unanimous-
         consent request. 4 Hinds Sec. 3058.
     When questions of personal privilege are raised. 3 Hinds 
         Sec. 2546.
     When conference reports are considered, the question on 
         agreeing being regarded as pending. Manual Sec. 550; 5 Hinds 
         Sec. 6517.
     When the Committee of the Whole reports its recommendation to 
         the House, unless the previous question is ordered. 4 Hinds 
         Sec. 4896.
     When personal explanations are made by unanimous consent. 5 
         Hinds Sec. 5064.
     When special orders of business providing for consideration of 
         a measure have been adopted. Manual Sec. Sec. 734, 972.
     When a measure on a special calendar or on a special day has 
         been called up. Rule XV.

  Sec. 2 . Order of Consideration

      The ``daily order of business'' is set forth in rule XIV, which 
  specifies the sequence in which certain matters are to be taken up. 
  Manual Sec. 869. The order of consideration may be varied by the 
  presentation of privileged matters, unanimous-consent agreements, or 
  by special orders of business reported from the Committee on Rules and 
  adopted by the House. See Sec. Sec. 3, 6, infra; see also Order of 
  Business; Privileged Business; and Special Orders of Business. Indeed, 
  the preface to clause 1 of rule XIV establishes a daily order of 
  business ``unless varied by the application of other rules and except 
  for the disposition of matters of higher precedence.''
      Among the privileged matters that may affect the order of 
  consideration are: (1) general appropriation bills under clause 5 of 
  rule XIII; (2) conference reports under clause 7(a) of rule XXII; (3) 
  special orders of business reported by the Committee on Rules under 
  clause 5 of rule XIII; and (4) questions of privilege under rule IX. 
  Manual Sec. Sec. 698, 871; see also Questions of Privilege.
      Some propositions are privileged for consideration on certain days 
  of the week or month. On any Monday, Tuesday, or Wednesday, for 
  example, the Speaker may recognize Members to move to suspend the 
  rules. Manual Sec. 885; see also Sec. Sec. 4, 5, infra.


  Sec. 3 . Use of Special Orders of Business

      A major portion of the legislation taken up in the House is 
  considered pursuant to resolutions, also called ``special rules'' or 
  ``special orders of business,'' reported by the Committee on Rules and 
  adopted by the House. Although the general effect of the adoption of a 
  resolution making in order the consideration of a bill is to give the 
  bill a privileged status, the adoption of the resolution does not make 
  the consideration mandatory unless so stated in the resolution. 
  Deschler Ch 21 Sec. 16. For example, the resolution may: (1) provide 
  that ``the House shall immediately consider'' the bill; (2) permit the 
  Speaker to declare the House resolved into the Committee of the Whole 
  for the consideration of the bill (see clause 2 of rule XVIII); or (3) 
  provide for consideration at some specified time in the order of 
  business. If the special order of business authorizes a specified 
  Member to call up a bill (either directly or indirectly, such as ``it 
  shall be in order to consider''), the consideration of the bill must 
  await the initiative of that Member. See Deschler Ch 21 Sec. 20.17.
      Special orders of business may provide for the consideration of a 
  bill or resolution in the Committee of the Whole, in the House, or in 
  the House as in the Committee of the Whole. Deschler Ch 21 
  Sec. Sec. 20.16, 20.17.
      A special order of business may be limited in scope, as where it 
  provides only for initial consideration of a measure, provides for 
  general debate, and precludes further consideration absent a further 
  order of the House. See, e.g., 105-2, H. Res. 435, May 19, 1998, pp 
  9742, 9743.
      The resolution may waive one or more House rules that impede the 
  consideration of the bill or amendment thereto. Points of order do not 
  lie against the consideration of such a resolution, as it is for the 
  House to determine, by a majority vote on the adoption of the 
  resolution, whether certain rules should be waived. Deschler Ch 21 
  Sec. Sec. 16.9-16.14. See generally Special Orders of Business. 
  However, section 426 of the Unfunded Mandates Reform Act of 1995 
  permits a point of order against consideration of a rule or order that 
  waives points of order against a measure for violating that Act 
  (subject to a separate vote on the question of consideration). Manual 
  Sec. 1127. In similar fashion, 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, and permits a vote on the question of 
  consideration of a rule or order waiving such a point of order. See 
  Budget Process.


  Sec. 4 . Consideration Under Suspension of the Rules

      A privileged motion to suspend the rules may be used to bring a 
  matter before the House under clause 1 of rule XV. Manual 
  Sec. Sec. 885, 887; 5 Hinds Sec. Sec. 6846, 6847. Additionally, the 
  motion to suspend may provide for a series of procedural steps, 
  including the reconsideration of a bill already passed, agreement to 
  an amendment, and repassage as amended. 5 Hinds Sec. 6849. For 
  examples of proposals for which the motion may be used, see Suspension 
  of Rules. However, the motion is in order only on Mondays, Tuesdays, 
  and Wednesdays of each week and on the last six days of a session or 
  when the House by unanimous consent or rule gives the Speaker 
  authority to recognize for such motions on other days of the week. In 
  any case, recognition for the motion is within the discretion of the 
  Speaker. The motion is debatable for 40 minutes, is not amendable, and 
  requires a two-thirds vote for adoption. See Suspension of Rules.


  Sec. 5 . Role of Calendars

      The House maintains various calendars to facilitate the 
  consideration of different classes of legislative business. The 
  primary calendars are (1) the Union Calendar, for business to be taken 
  up in the Committee of the Whole, (2) the House Calendar, for matters 
  to be considered in the House, and (3) the Private Calendar, to which 
  all reported private bills are referred. Most legislative business 
  reported from committee is referred to one of these calendars. Manual 
  Sec. 828. In addition, the House maintains a Calendar of Motions to 
  Discharge Committees. Manual Sec. Sec. 830, 892. The former Consent 
  Calendar and Corrections Calendar have been abolished. Manual 
  Sec. Sec. 898, 899. For a discussion of the various calendars, see 
  Calendars.


  Sec. 6 . Consideration by Unanimous Consent

      The House, pursuant to a unanimous-consent agreement, sometimes 
  permits the consideration of a measure that is not otherwise in order 
  under the rules, for example, one not yet introduced. Manual 
  Sec. Sec. 381, 872, 956; 4 Hinds Sec. 3058. For a discussion of 
  consideration by unanimous consent (including the Speaker's guidelines 
  requiring approval by floor and committee leaderships before 
  recognition), see Unanimous-Consent Agreements.


  Sec. 7 . In Committee of the Whole

      Certain legislative measures are referred to the Union Calendar by 
  the Speaker for subsequent consideration in the Committee of the 
  Whole. Their consideration therein is governed by special orders of 
  business, orders of the House, or the standing rules applicable to the 
  Committee. See rule XVIII; 4 Hinds Sec. Sec. 3214, 4705, 4822; 
  Deschler Ch 19 Sec. Sec. 1, 4.
      For comprehensive discussion of consideration of measures in 
  Committee of the Whole, see Committees of the Whole.


  Sec. 8 . In the House as in the Committee of the Whole

      Bills and other measures sometimes are taken up by the House when 
  it sits ``as in'' the Committee of the Whole. Manual Sec. 427. This 
  practice permits consideration of a measure under the five-minute rule 
  rather than the hour rule, but without general debate. 4 Hinds 
  Sec. 4924; Manual Sec. 424. For a discussion of consideration of 
  measures in the House as in the Committee of the Whole, see Committees 
  of the Whole.


  Sec. 9 . Limitations on Debate; Nondebatable Matters

                        Generally; Time Limitations

      Debate is subject to many limitations under the rules and 
  precedents of the House. Most of the limitations imposed by House rule 
  concern the duration of time allowed for the debate of a particular 
  proposition. These include, for example, the hour rule (Manual 
  Sec. 957), the 40-minute rule (Manual Sec. Sec. 891, 999), the 20-
  minute rule (Manual Sec. 892), the ten-minute rule (Manual Sec. 987), 
  the five-minute rule (Manual Sec. 978), and the time limits that are 
  imposed on the one-minute speeches or special-order speeches that are 
  often permitted when no legislative business is pending (Manual 
  Sec. 950). For a more detailed discussion of these time limitations, 
  see Sec. Sec. 44-50, infra.
      Most of these are rules of general applicability. In addition, the 
  House may adopt a special order of business from the Committee on 
  Rules that places a different limit on the duration of debate on a 
  particular legislative proposal. This practice enables the House, by 
  majority vote, to specify time for, and control of, debate depending 
  on the complexity of the proposed measure.
      Unless otherwise provided by House rule or by a special order of 
  business from the Committee on Rules, a proposition considered in the 
  House is debated under the hour rule. Sec. Sec. 44, 45, infra. 
  However, the various motions that may apply to a proposition often 
  carry their own time limitations for debate and, in some instances, 
  preclude debate entirely.

                       Matters Not Subject to Debate

      The relevant standing rule and the precedents must be consulted in 
  order to determine whether debate on a motion or question is 
  precluded. The following are examples of questions that are not 
  subject to debate:

     A motion that the Journal be read in full. Manual Sec. 621.
     A motion for the previous question. Deschler Ch 23 Sec. 21.
     A motion to go into the Committee of the Whole. 4 Hinds 
         Sec. Sec. 3062, 3078; 6 Cannon Sec. 716.
     A motion that the Committee of the Whole rise and report. 4 
         Hinds Sec. Sec. 4766, 4782; Deschler Ch 19 Sec. 22.4.
     A motion for a call of the House or incidental to a call of 
         the House. Manual Sec. 1024; 6 Cannon Sec. Sec. 683, 688.
     A resolution authorizing the Sergeant-at-Arms to arrest 
         absentees. 6 Cannon Sec. 686.
     A motion that the Speaker be authorized to declare a recess or 
         that when the House adjourns it stand adjourned to a day and 
         time certain. Rule XVI; Manual Sec. 913.
     A concurrent resolution providing for a sine die adjournment 
         or for adjournment to a day certain. Manual Sec. 84.
     A motion to adjourn. Manual Sec. 911; Deschler-Brown-Johnson 
         Ch 40 Sec. 5.
     A motion to lay on the table. 6 Cannon Sec. 415; 8 Cannon 
         Sec. 2465.
     A motion to reconsider an undebatable proposition. 5 Hinds 
         Sec. Sec. 5694-5699.
     A motion to recommit a conference report. 111-2, June 30, 
         2010, p 12462.
     A motion to close general debate or to limit five-minute 
         debate. Manual Sec. 979; 5 Hinds Sec. 5203.
     A motion to strike unparliamentary language from the 
         Congressional Record. 6 Cannon Sec. 617.
     An incidental question of order after a demand for the 
         previous question. Manual Sec. 1000.
     An incidental question of order arising during a division. 5 
         Hinds Sec. 5926.
     A motion that the Committee of the Whole take up a bill out of 
         calendar order. 8 Cannon Sec. Sec. 2331, 2333.
     A motion for a change of reference of a bill. Manual Sec. 825.
     A question of consideration (with limited exceptions). Manual 
         Sec. 906.
     A question relating to the priority of business. Manual 
         Sec. 884.
     An appeal from a decision of the Chair on the priority of 
         business. 5 Hinds Sec. 6952; Manual Sec. 884.
     An appeal from a decision of the Chair on relevancy of debate. 
         5 Hinds Sec. Sec. 5056-5063.
     An amendment to the title of a bill. Clause 6 of rule XVI; 8 
         Cannon Sec. 2907.
     A motion for a secret session. Clause 10 of rule XVII; 96-1, 
         June 20, 1979, p 15711.


              B. Control and Distribution of Time for Debate


  Sec. 10 . In General; Role of Manager

      Under long-standing practice, and as usually provided by special 
  orders of business, one or more designated Members manage a bill 
  during its consideration. Such managers are normally the chair and 
  ranking minority member of a committee reporting the measure. Sec. 14, 
  infra.
      The majority manager of a measure has procedural advantages 
  enabling its expeditious consideration and passage. The majority 
  manager is entitled to the prior right to recognition unless the 
  control of time is surrendered or otherwise lost or unless a 
  preferential motion to recommit is offered by an opponent of the bill. 
  See Recognition. If the bill is to be taken up in the House under the 
  standing rules, the manager calling it up is entitled to one hour of 
  debate, which may be yielded to other Members. See Sec. 15, infra. The 
  manager may at any time during such hour move the previous question, 
  thereby bringing the matter to a vote and terminating further debate, 
  unless control of time has been vested in another Member by rule or 
  order. See Sec. 45, infra; see also Previous Question.
      The manager of a bill enjoys a similar advantage in the Committee 
  of the Whole where the bill is being considered under a special order 
  of business or unanimous-consent agreement. General debate therein 
  typically is controlled and divided by the majority and minority 
  managers. The majority manager has the right to close general debate. 
  Manual Sec. 959. When the bill is read for amendment in the Committee, 
  the managers have the prior right to recognition, whether to offer an 
  amendment or oppose an amendment or to move to close or to limit 
  debate or to move that the Committee rise. Similarly, if the bill is 
  taken up in the House as in the Committee of the Whole, priority in 
  recognition is extended during debate to members in charge of the bill 
  from the reporting committee. See Recognition.
      Once a measure has been approved by a standing committee of the 
  House, its chair has a duty under the rules to report it promptly and 
  to take (or cause to be taken) steps to have the matter considered and 
  voted upon. Clause 2(b) of rule XIII. When the measure is called up, 
  the reporting committee manages the bill during the various stages of 
  its consideration. The designated managers from the committee, and 
  then other members of the committee in order of seniority, have 
  priority in recognition at all stages of consideration. See 
  Recognition. When a chair is opposed to a bill (although rare), the 
  responsibility for managing the bill may be delegated to the ranking 
  majority member of the committee. Deschler-Brown Ch 29 Sec. 26.7. The 
  chair also may relinquish control where the Committee of the Whole has 
  adopted amendments to the bill to which the chair is opposed. 
  Deschler-Brown Ch 29 Sec. 26.8.
      Where the measure falls within the jurisdiction of two standing 
  committees, the chair of one of them may yield to the chair of the 
  other to control part of the available time and to move the previous 
  question. Deschler-Brown Ch 29 Sec. 26.10.
      For further discussion on control of debate by managers, see also 
  Sec. 12, infra.


  Sec. 11 . Distribution and Alternation; Closing General Debate

      The distribution of available time for debate, and the alternation 
  of time between majority and minority Members, is governed by 
  principles of comity and by House tradition, as well as by standing 
  rules of the House and by special orders of business. Manual Sec. 955. 
  A division of time for debate on certain motions may be required, and 
  a Member opposed may claim a priority to control a portion of the 
  time. For example, clause 1(c) of rule XV requires a division of time 
  for debate on a motion to suspend the rules between those in favor and 
  those opposed. Manual Sec. 891. Under rule XXII, one-third of the time 
  may be claimed by a Member opposed to conference reports, motions to 
  instruct conferees, and amendments reported from conference in 
  disagreement, where both the majority and minority managers support 
  the proposition.
      The Chair alternates recognition between those favoring and those 
  opposing the pending proposition where a rule or precedent gives some 
  control to an opponent or, traditionally, between the parties where 
  time is limited. Special orders of business commonly divide control of 
  time for general debate equally between the chair and ranking minority 
  member of the committees reporting the measure. When a special order 
  of business itself is being considered, the majority floor manager 
  customarily yields half of the time to the minority. For a discussion 
  of alternation generally, see Recognition.
      A majority manager of the bill who represents the primary 
  committee of jurisdiction is entitled to close general debate, as 
  against another manager representing an additional committee of 
  jurisdiction. Where an order of the House divides debate on an 
  unreported measure among four Members, the Chair will recognize for 
  closing speeches in the reverse order of the original allocation. 
  Similarly, where general debate on an adversely reported measure is 
  controlled by two Members allocated time under a previous order of the 
  House and by two other Members deriving subdivisions of that time 
  under a later order by unanimous consent, the Chair may recognize for 
  closing speeches in the reverse order of the original allocation, 
  concluding with the Member who opened the debate. Where a Member 
  derives time for debate from the manager of a measure by unanimous 
  consent, that Member also derives the right to close debate thereon. 
  Where a member of the minority is recognized under a special order of 
  business to call up a Senate concurrent resolution from the Speaker's 
  desk, such Member is recognized to open and close debate thereon. 
  Manual Sec. 959.


  Sec. 12 . Management by Committee; Closing Controlled Debate on an 
            Amendment

      Special orders of business providing ``modified rules'' governing 
  the amendment process commonly limit and divide control of debate 
  between a proponent and an opponent of the amendment. Deschler-Brown 
  Ch 29 Sec. 28. Similarly, the Committee of the Whole may by unanimous 
  consent limit and divide control of debate between a proponent and a 
  Member in opposition. Deschler-Brown Ch 29 Sec. 27.3. Under clause 
  3(c) of rule XVII, the manager of a bill or other representative of 
  the committee in opposition--and not the proponent of an amendment--
  has the right to close debate on an amendment where debate has been so 
  limited and allocated without regard to the party affiliation of the 
  proponent. Manual Sec. 959. Clause 3(c) is an exception to the rule 
  set forth in clause 3(a) of rule XVII, which otherwise provides that 
  the mover, proposer, or introducer of the pending matter has the right 
  to open and close debate. The exceptional treatment of the right to 
  close debate on an amendment elevates the manager's prerogative over 
  the proponent's burden of persuasion. This is so even when the 
  majority manager offers an amendment that has not been recommended by 
  the committee. In that case, a member of the committee in opposition 
  to such amendment has the right to close. 107-2, July 25, 2002, p 
  14723.
      Clause 3(c) applies to the manager of an unreported measure, even 
  where the rule providing for the consideration of the unreported 
  measure designates managers who do not serve on a committee of 
  jurisdiction. It also applies to a measure reported by the committee 
  without recommendation. The minority manager may claim the right to 
  close debate under clause 3(c), as may a member of a committee of 
  sequential referral to close debate against an amendment to a 
  provision recommended by that committee. Manual Sec. 959. However, the 
  proponent of an amendment has the right to close where a manager does 
  not oppose the amendment but nevertheless, by unanimous consent, 
  claims the time reserved for opposition. Manual Sec. 959.
      For further discussion on control of debate by managers, see 
  Sec. 10, supra.


  Sec. 13 . Designation of Member Who May Call Up a Measure

      The committee reporting a measure occasionally designates the 
  Member who may call up a measure for consideration, in which case the 
  Chair may recognize only that Member. Deschler-Brown Ch 29 
  Sec. Sec. 27.1, 27.2. A special order of business also may designate 
  the Member. Sec. 14, infra. If a Member has not been specifically 
  designated, the Chair has the discretion to recognize a committee 
  member to call up a measure. 91-1, Dec. 23, 1969, p 40982.


  Sec. 14 . Effect of Special Orders of Business

                                 Generally

      The designation of certain Members to control debate on a measure 
  is frequently provided by special order of business from the Committee 
  on Rules. Typically the Committee on Rules will draft a special order 
  of business providing that debate be equally divided and controlled by 
  the chair and ranking minority member of the reporting committee or 
  committees. Deschler-Brown Ch 29 Sec. 28. That control can be 
  delegated to a designee on the committee and (in the absence of the 
  chair or ranking minority member) inures to the benefit of all members 
  of the committee. 111-1, Nov. 5, 2009, p 26947.

                Dividing Debate Between Multiple Committees

      A special order of business from the Committee on Rules may 
  specify that debate be divided between and controlled by two or more 
  standing committees. Deschler-Brown Ch 29 Sec. 28.13. The special 
  order of business may provide that debate be controlled by the chairs 
  and ranking minority members of the several committees reporting a 
  bill, sometimes with the secondary committees controlling a lesser 
  amount of time. Deschler-Brown Ch 29 Sec. 28.16. Debate also may be 
  divided between the standing committee reporting a bill and a 
  permanent select committee. 95-1, Sept. 9, 1977, p 28367.
      Where a special order of business divides the control of general 
  debate on a bill among the chairs and ranking members of two standing 
  committees, but does not specify the order of recognition, recognition 
  is within the Chair's discretion. The Chair may allow one committee to 
  use its time before recognizing the other, or may rotate among the 
  four managers. Deschler-Brown Ch 29 Sec. 28.18.
      If the rule divides control of debate among a primary reporting 
  committee and several sequentially reporting committees in a 
  designated order, the Chair may allocate time between the chair and 
  ranking minority member of each committee in the order listed, if and 
  when present on the floor, and permit only the primary committee to 
  reserve a portion of its time to close general debate. Deschler-Brown 
  Ch 29 Sec. 28.16. When the Chair has announced the intention to permit 
  the primary committee to so reserve a portion of its time, the 
  sequential committees are required to use all of their time before the 
  primary committee closes debate. 99-1, Dec. 5, 1985, pp 34638, 34644. 
  A majority manager of the bill who represents the primary committee of 
  jurisdiction is entitled to close general debate (as against another 
  manager representing an additional committee of jurisdiction). Manual 
  Sec. 959.

      Division of Time Between a Member in Favor and a Member Opposed

      In the event that a specified amount of time for debate is equally 
  divided and controlled between the proponent of the amendment and a 
  Member opposed thereto, only one Member may be recognized to control 
  the time in favor of the amendment and only one Member may be 
  recognized to control the time in opposition, though each may in turn 
  yield blocks of time to other Members. 99-2, Aug. 11, 1986, pp 20678, 
  20679. Pro forma amendments are not permitted where second degree 
  amendments are prohibited unless so specified. 99-2, Aug. 14, 1986, p 
  21655. Time for debate on the amendment having been divided between 
  the proponent and an opponent, the Chair has the discretion to 
  recognize the manager of the bill in opposition, there being no 
  requirement for recognition of the minority party. Indeed, the Chair 
  ordinarily recognizes the chair of the committee managing the bill if 
  such individual qualifies as opposed to the amendment. Manual 
  Sec. 959; Sec. 10, supra. If the special order allocates debate time 
  to specified Members, true opponents have no special priority to be 
  recognized. 111-2, Dec. 16, 2010, p 22416.
      A special order of business may provide that, after general debate 
  divided between the chair and ranking minority member of the reporting 
  committee, a certain amount of time for general debate be divided and 
  controlled by a Member in favor of and a Member opposed to a certain 
  section of the bill. 96-1, Sept. 13, 1979, pp 24168, 24192. In one 
  instance, the House adopted a special order of business providing for 
  one hour of general debate to be equally divided and controlled by the 
  chair and ranking minority member of the reporting committee, and two 
  hours to be divided and controlled by Members to be designated by the 
  chair. 95-2, July 31, 1978, p 23451.


  Sec. 15 . Yielding Time--For Debate

                         In General; Who May Yield

      In an earlier era, a Member could not yield time for debate 
  without losing the right to reoccupy the floor. A Member could not 
  yield the floor unless it was yielded unconditionally. 5 Hinds 
  Sec. Sec. 5023, 5026. That practice began to change with the adoption 
  of the hour rule for debate in 1841. 5 Hinds Sec. 5021.
      Under current practice, a Member controlling the time during 
  debate may yield blocks of time for debate to others and still retain 
  the right to resume debate or move the previous question. 8 Cannon 
  Sec. 3383. The yielding of time for debate is discretionary with the 
  Members who have control thereof. Deschler-Brown Ch 29 Sec. Sec. 31.1, 
  31.2. A Member may not yield for purposes of debate when seeking 
  recognition merely to make or reserve a point of order. Deschler-Brown 
  Ch 31 Sec. 7.5. A Member may not yield to another for debate while 
  under recognition merely for a parliamentary inquiry. Deschler-Brown 
  Ch 29 Sec. 20.7.
      A Member who seeks yielded time should address the Chair and 
  request the permission of the Member speaking. Deschler-Brown Ch 29 
  Sec. 42. Where a Member interrupts another Member during debate 
  without being yielded to, the time consumed by such remarks are not 
  charged against the time for debate of the Member controlling the 
  floor and the remarks are not carried in the Congressional Record. 
  Manual Sec. 946.
      The time used by yielding is ordinarily charged against the 
  yielding Member. Deschler-Brown Ch 29 Sec. 29.5. Unused time reverts 
  to the yielding Member. Deschler-Brown Ch 29 Sec. 31.36. A Member may 
  yield to another for a parliamentary inquiry, but the time consumed by 
  the inquiry and the response of the Chair comes out of the time of the 
  Member yielding. Deschler-Brown Ch 29 Sec. 29.5.
      Clause 3(b) of rule XVII, which prohibits a Member who is not a 
  manager from speaking more than once on a question, often is 
  superseded in modern practice by special orders of business that vest 
  control of debate in designated Members and permit them to yield more 
  than once to other Members. Manual Sec. 959.

                               In the House

      The Member in control of debate in the House under the hour rule 
  has the discretion to yield for debate. Deschler-Brown Ch 29 Sec. 29. 
  Indeed, although not required to do so by standing rule, majority 
  members in control under the hour rule frequently yield one-half the 
  time to the minority. Deschler-Brown Ch 29 Sec. 29.15. Of course, the 
  yielding of time must be consistent with any division of time that is 
  required by House rule or a special order of business from the 
  Committee on Rules.

                       In the Committee of the Whole

      In the Committee of the Whole, a Member in control of time for 
  general debate may yield a block of time (up to one hour) to another 
  Member. Deschler-Brown Ch 29 Sec. 31.24.
      During five-minute debate Members may yield, as for a question or 
  comment, but may not yield blocks of time. 5 Hinds Sec. Sec. 5035-
  5037. A Member yielding to a colleague during debate under the five-
  minute rule should indicate a desire to remain under recognition to 
  protect such Member's right to the floor. Deschler-Brown Ch 29 
  Sec. 29.8. If a Member uses only part of the time, such five-minute 
  period is treated as exhausted, as it cannot be reserved, and another 
  Member cannot claim recognition for the unused time. 8 Cannon 
  Sec. 2571. However, where debate on an amendment is limited or 
  allocated by a unanimous-consent agreement or motion, or by a special 
  order of business, to a proponent and an opponent, the five-minute 
  rule is abrogated and the Members controlling the debate may yield 
  blocks of time or reserve time. Manual Sec. 980.

           Yielding During Debate on Special Orders of Business

      The traditional practice with regard to resolutions from the 
  Committee on Rules providing special orders of business for the 
  consideration of measures is for the Member in charge of the 
  resolution to yield one-half of the time to the minority (for debate 
  only), who then may yield specified portions thereof. Although the 
  minority member of the Committee on Rules to whom one-half of the time 
  for debate is yielded customarily yields portions of that time to 
  other Members, another Member to whom a portion of time is yielded may 
  in turn yield blocks of that time only by unanimous consent. Deschler-
  Brown Ch 29 Sec. 31.23. However, where a Member has been recognized 
  under the hour rule following refusal of the previous question on such 
  a resolution, such Member has control of the time and is under no 
  obligation to yield half of that time as is the customary practice of 
  the Committee on Rules. Deschler-Brown Ch 29 Sec. 15.20.

                     Yielding Time During Yielded Time

      A Member to whom a block of time has been yielded during debate 
  under the hour rule in the House may, while remaining under 
  recognition, yield to a third Member for comments or questions but may 
  not in turn yield blocks of time, except by unanimous consent. 
  Deschler-Brown Ch 29 Sec. 31.21. A similar rule is followed in the 
  Committee of the Whole. Deschler-Brown Ch 29 Sec. 31.24.
      Where a Member is yielded time in the House for debate only, time 
  may not be yielded to a third Member for purposes other than debate. 
  Deschler-Brown Ch 29 Sec. 31.19.


  Sec. 16 . --Yielding for Amendment

                                In General

      A measure being considered in the House is not subject to 
  amendment by a Member not in control of the time unless the Member in 
  control yields for that purpose. Deschler-Brown Ch 29 Sec. Sec. 30.1, 
  30.4. A Member may not offer an amendment in time secured for debate 
  only or request unanimous consent to offer an amendment unless yielded 
  to for that purpose by the Member controlling the floor. Manual 
  Sec. 946; 8 Cannon Sec. 2474; Deschler-Brown Ch 29 Sec. 30.6.
      Members to whom time is yielded for the purpose of offering an 
  amendment in the House are recognized in their own right to discuss 
  the amendment for one hour and may themselves yield time. 8 Cannon 
  Sec. Sec. 2471, 2478; Deschler-Brown Ch 29 Sec. 30.11.

                    Loss of Control by Yielding Member

      A Member may not yield to another Member to offer an amendment 
  without losing the floor. 5 Hinds Sec. Sec. 5021, 5030, 5031; 8 Cannon 
  Sec. 2476; Manual Sec. 946. Where a Member controlling the time on a 
  measure in the House yields for the purpose of amendment, another 
  Member may move the previous question on the measure before the Member 
  yielded to is recognized to debate the amendment. Manual Sec. 997. The 
  previous question takes precedence over an amendment. Clause 4 of rule 
  XVI; Manual Sec. 911. If the Member calling up a measure offers an 
  amendment and then yields to another Member to offer an amendment to 
  that amendment, the first Member loses the floor and the Member 
  yielded to is recognized for one hour and may move the previous 
  question on the amendments and on the measure itself. Deschler-Brown 
  Ch 29 Sec. 33.9.

                        Under the Five-Minute Rule

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. It is the prerogative of the 
  Chair to recognize Members offering amendments under the five-minute 
  rule. Manual Sec. 946. However, a Member recognized under the five-
  minute rule may by unanimous consent yield the balance of the time to 
  another Member, who may thereafter offer an amendment when separately 
  recognized by the Chair for that purpose. Deschler-Brown Ch 29 
  Sec. 19.25.
      A Member offering a pro forma amendment under the five-minute rule 
  may not yield to another Member during that time to offer an 
  amendment. Manual Sec. 981.


  Sec. 17 . Interruptions; Losing or Surrendering Control

                                In General

      With few exceptions, a Member may interrupt another Member in 
  debate only if yielded to. A Member desiring to interrupt another in 
  debate should address the Chair to obtain the permission of the Member 
  speaking. The Member speaking may then decide whether or not to yield. 
  The Chair will take the initiative in preserving order when a Member 
  declining to yield in debate continues to be interrupted by another 
  Member. Deschler-Brown Ch 29 Sec. 42.14; Manual Sec. 946.
      A Member in control of time for debate in the House may 
  voluntarily surrender the floor by simply so stating or by withdrawing 
  the measure. A Member recognized under the hour rule may yield the 
  floor upon expiration of that hour without moving the previous 
  question, thereby permitting another Member to be recognized for a 
  successive hour. Manual Sec. 957. A Member also may lose the floor if 
  ruled out of order for disorderly language. Deschler-Brown Ch 29 
  Sec. 33. Finally, a Member loses the floor if yielding for other 
  legislative business (8 Cannon Sec. 2468) or for an amendment 
  (Sec. 16, supra).
      A Member may be interrupted by a point of order or by the 
  presentation of certain privileged matter, such as a conference 
  report. 5 Hinds Sec. 6451; 8 Cannon Sec. 3294. In addition, it is 
  customary for the Speaker to request a Member to yield for the 
  reception of a message. Manual Sec. 946. However, a parliamentary 
  inquiry may not be used to interrupt a Member. Manual Sec. 628a. Under 
  the Speaker's announced policy regarding special-order speeches, the 
  Chair may withdraw recognition should circumstances warrant. See, 
  e.g., 114-1, Jan. 6, 2015, p__.
      Although a motion proposed by the Member in charge may be 
  displaced by a preferential motion, a Member may not by offering such 
  motion deprive the Member in charge of the floor. 8 Cannon Sec. 3259. 
  A Member having the floor may not be deprived of the floor:

     By a motion to adjourn. 5 Hinds Sec. Sec. 5369, 5370; 8 Cannon 
         Sec. 2646.
     By a demand for the previous question. 8 Cannon Sec. 2609.
     By a question of personal privilege. 5 Hinds Sec. 5002; 8 
         Cannon Sec. 2459; 98-1, Sept. 29, 1983, pp 26508, 26509.

                 Interruptions for Parliamentary Inquiries

      An interruption for a parliamentary inquiry is not in order unless 
  the Member having the floor yields for that purpose. Manual Sec. 628a; 
  8 Cannon Sec. Sec. 2455-2458. If a Member does yield for that purpose, 
  control of the floor is not lost because the right to resume is 
  retained. Thus, a Member who has been yielded time for a parliamentary 
  inquiry may not during such inquiry move that the House adjourn, for 
  that would deprive the Member holding the floor of the right to 
  resume. 88-2, June 3, 1964, p 12522.
      Where the Member controlling the time yields to another for 
  debate, the latter may, during the time so yielded, propound a 
  parliamentary inquiry. 90-1, July 17, 1967, p 19033. The time consumed 
  to state and answer the inquiry is deducted from the time for debate. 
  94-1, Sept. 25, 1975, p 30196. When the Member holding the floor 
  during general debate yields solely for a parliamentary inquiry, such 
  Member's time continues to run. Deschler-Brown Ch 31 Sec. 15.6. 
  However, when the Chair entertains a parliamentary inquiry before the 
  Member managing the pending measure in the House has been recognized 
  for debate, or between recognitions, the time consumed by the inquiry 
  does not come out of the manager's time. Deschler-Brown Ch 31 
  Sec. 15.8.


                          C. Relevancy in Debate


  Sec. 18 . In General; In the House

      Members addressing the House must confine themselves ``to the 
  question under debate  . . .'' Clause 1 of rule XVII; Manual Sec. 945. 
  The rule, which was adopted in 1811, enables the House to expedite 
  proceedings when a specific proposition is before it for action. 
  Manual Sec. 945; 5 Hinds Sec. Sec. 4979, 5043-5048; 8 Cannon 
  Sec. 2481. The rule is directed against irrelevant discussion, not 
  mere redundancy. Although Jefferson's Manual enjoins superfluous or 
  tedious remarks, in practice the House has never suppressed debate of 
  this character, the hour rule being regarded as sufficiently 
  restrictive in that regard. Manual Sec. 359.
      Debate on a reported resolution pending before the House should be 
  confined thereto and should not be extended to an unreported bill even 
  though on the same subject. 5 Hinds Sec. 5053. The rule is also 
  applicable to debate on private bills. 8 Cannon Sec. 2590. On a motion 
  to suspend the rules, debate is confined to the object of the motion 
  and may not range to the merits of a bill not scheduled for such 
  consideration. Manual Sec. 948.
      It was the custom of earlier Speakers to hold the Member speaking 
  strictly to the question before the House, without waiting for the 
  point to be made on the floor. See 5 Hinds Sec. 5043 (note). Under 
  modern practice, however, the Chair waits for a point of order to be 
  made and does not call a Member to order sua sponte for speaking on an 
  unrelated question. Manual Sec. 948.
      Under modern practice Speakers have applied the rule of relevancy 
  with more tolerance and latitude than under the earlier practice. 
  Deschler-Brown Ch 29 Sec. 35. A Member is sometimes permitted to 
  discuss matters other than the pending measure by unanimous consent. 
  Deschler-Brown Ch 29 Sec. 35. Absent unanimous consent, if a point of 
  order is made and sustained, the Speaker must direct the Member 
  speaking to confine remarks to the question (5 Hinds Sec. Sec. 5044-
  5048) and to maintain an ongoing ``nexus'' between the pending bill 
  and any broader policy issues (Manual Sec. 948).
      The relevancy requirement of rule XVII is applicable to floor 
  debate on pending propositions. It is not normally applicable to a 
  Member making a one-minute or special-order speech. See Sec. 50, 
  infra. However, if a unanimous-consent request for a Member to address 
  the House for one hour specifies the subject of the address, the Chair 
  may enforce the rule of relevancy in debate by requiring that the 
  remarks be confined to the subject so specified. Manual Sec. 948.
      When a resolution reported from the Committee on Rules is pending, 
  debate must be confined to that special order of business and to the 
  merits of the bill made in order thereby. Debate should not extend to 
  the merits of a bill that is not to be considered under the special 
  order of business. Manual Sec. 948. However, debate may extend to the 
  merits of a germane amendment to the special order of business, which 
  a proponent is prepared to offer in the case that the previous 
  question is not ordered on the special order of business.
      Debate on a question of personal privilege must be confined to the 
  statements or issue that gave rise to the question of privilege. 5 
  Hinds Sec. Sec. 5075-5077; 6 Cannon Sec. Sec. 576, 608; 8 Cannon 
  Sec. Sec. 2448, 2481; Deschler-Brown Ch 29 Sec. 36. Debate on a 
  privileged resolution recommending disciplinary action against a 
  Member may include comparisons with other such actions taken by or 
  reported to the House for purposes of measuring the severity of 
  punishment but should not extend to the conduct of another Member who 
  is not the subject of a committee report. Debate on a resolution 
  electing a Member to committee should not extend to that committee's 
  agenda. Manual Sec. 948.


  Sec. 19 . In the Committee of the Whole--General Debate

      In the Committee of the Whole, during the general debate that 
  precedes the reading of the bill for amendment under the five-minute 
  rule, a Member is allowed great freedom and latitude in debate. 5 
  Hinds Sec. Sec. 5234-5238. ``Anything may be discussed which may by 
  the liveliest imagination be supposed to relate to the state of the 
  Union in any particular or in any degree, however remote.'' 8 Cannon 
  Sec. 2590. However, such license is normally suppressed by the special 
  order of business or other House order setting the duration and scope 
  of the debate. 5 Hinds Sec. Sec. 5233-5238; 8 Cannon Sec. 2590; 
  Deschler-Brown Ch 29 Sec. 37. If the bill is being considered under 
  the terms of a special order of business that requires that debate be 
  confined to the bill, a Member may exceed those bounds only by 
  unanimous consent. Deschler-Brown Ch 29 Sec. 37.3.


  Sec. 20 . --Under the Five-Minute Rule

      The scope of debate under the five-minute rule is more narrowly 
  confined than is the scope of general debate. Manual Sec. 948; 5 Hinds 
  Sec. Sec. 5240-5256; 8 Cannon Sec. 2591. Debate on a pending amendment 
  must be confined to the subject of the amendment and its relation to 
  the bill. Deschler-Brown Ch 29 Sec. Sec. 38.5, 38.11. This is due in 
  part to the language of clause 5 of rule XVIII, which states that a 
  Member is to be allowed five minutes ``to explain'' an offered 
  amendment. Manual Sec. 978. It has been held that remarks on the 
  general merits of the bill are not in order as ``explaining'' an 
  amendment, and remarks touching on the demerits of the bill are not in 
  order as opposing an amendment. 5 Hinds Sec. 5242. Nevertheless, the 
  Chair may accord Members latitude to put their amendment in context, 
  such as permitting debate on a series of amendments in the nature of a 
  substitute to a concurrent resolution on the budget to include 
  amendments not yet offered. 106-1, Mar. 25, 1999, pp 5725-27, 5733-44.
      Relevancy in debate may be enforced even if a Member is attempting 
  to respond to previous extraneous remarks in debate against which no 
  point of order was raised. Deschler-Brown Ch 29 Sec. 38.13; 110-1, 
  July 31, 2007, p 21963. However, a Member may speak to another subject 
  by unanimous consent. This is permitted even where the Committee of 
  the Whole is proceeding pursuant to the provisions of a special order 
  of business permitting only designated amendments to be offered. 
  Deschler-Brown Ch 29 Sec. 38.17. Where a general provisions title is 
  pending, debate may relate to any subject covered by the bill. Manual 
  Sec. 948.


                           D. Disorder in Debate


  Sec. 21 . In General

                                 Generally

      Among the oldest rules of the House are those that authorize the 
  Speaker to maintain order and decorum in the House (clause 2 of rule 
  I) and to call a Member who had transgressed the rules of the House 
  ``in speaking or otherwise'' to order (clause 4 of rule XVII). This 
  language makes it clear that Members must not only follow all the 
  rules and requirements for the conduct of business in the House, but 
  must also observe the principles of decorum and courtesy in debate, as 
  set forth in rule XVII and by related provisions in Jefferson's 
  Manual. Manual Sec. Sec. 353-379, 945-962.
      Time consumed by proceedings incident to a call to order is not 
  charged against the time of the Member under recognition. 102-2, Oct. 
  3, 1992, p 31009; 111-2, Mar. 21, 2010, p 4104; 112-2, Apr. 18, 2012, 
  p__.
      A Member may be called to order by another Member's timely demand 
  that the words used be taken down and read aloud at the Clerk's desk. 
  The Speaker then rules whether the words or actions of the Member are 
  disorderly. Whether an offending Member is to be allowed to proceed in 
  order or is to be disciplined is determined by the House. Sec. 26, 
  infra.
      Members may not begin their remarks until properly recognized by 
  the Chair and must cease speaking upon the expiration of their time. 
  The Chair has announced that failure to heed the gavel constitutes an 
  act of ``stark incivility,'' (111-1, July 28, 2009, p 19565) and 
  further recognition may be denied on that basis (112-2, Mar. 29, 2012, 
  p__). Members should not interject remarks while not under 
  recognition, and any remarks made while not properly recognized are 
  not carried in the Congressional Record. Manual Sec. Sec. 962, 968.

                              Disorderly Acts

      Decorum or comportment in the conduct and behavior of Members on 
  the floor of the House is governed in part by clause 5 of rule XVII. 
  Manual Sec. 962. Prohibited conduct under the rule includes:

     Exiting or crossing the hall while the Speaker is addressing 
         the House.
     Passing between the Chair and a Member under recognition.
     Wearing a hat.
     Using a mobile electronic device that impairs decorum.
     Remaining by the Clerk's desk during roll calls.
     Smoking.
     Wearing a communicative badge while under recognition.

      A Member's comportment may constitute a breach of decorum even 
  though the content of that Member's speech is not, itself, 
  unparliamentary. Deschler-Brown Ch 29 Sec. 41.2; 103-2, July 29, 1994, 
  p 18609.
      Demonstrations of approval or disapproval, such as applause, are 
  not a part of the formal proceedings of the House and are not carried 
  in the Congressional Record. Deschler-Brown Ch 29 Sec. 41.8. A Member 
  having the floor may not request Members to conduct a straw vote, such 
  as showing hands or otherwise indicating support of a certain measure. 
  Deschler-Brown Ch 29 Sec. 41.10.
      The Chair may entertain a demand to clear the well in the event of 
  disorder therein (88-1, Dec. 9, 1963, p 23831), and has announced an 
  intention to refrain from proceeding with business where Members not 
  under recognition remained in the well (114-2, June 22, 2016, p__). 
  Under clause 3 of rule II, the Sergeant-at-Arms attends the sittings 
  of the House and the Committee of the Whole and maintains order under 
  the direction of the Speaker or Chair. Manual Sec. 656; 1 Hinds 
  Sec. 257. The Chair may direct the Sergeant-at-Arms to present the 
  mace as the traditional symbol of order in the House. 103-2, July 29, 
  1994, p 6461. The Sergeant-at-Arms may be called upon to preserve 
  order prior to the adoption of the standing rules. 102-1, Jan. 3, 
  1991, p 58. On one occasion the Speaker requested the Sergeant-at-Arms 
  to assist him in maintaining decorum disrupted by a former Member. 
  Manual Sec. 622. Former Members may be banned from the floor for 
  indecorous behavior as a matter of privilege. Manual Sec. 680. In the 
  115th Congress, rule XVII was amended to specifically prohibit certain 
  disorderly or disruptive acts in the House Chamber. Clause 3 of rule 
  II was also amended to authorize the Sergeant-at-Arms to assess fines 
  against Members who engage in still photography or audio-visual 
  broadcasting in the House Chamber. 115-1, Jan. 3, 2017, p__.
      Acts of physical violence by one Member or between two Members 
  during or after heated debate have occurred. 2 Hinds Sec. Sec. 1642-
  1644, 1655, 1656. Assaults or affrays in the Committee of the Whole 
  are dealt with by the House. 2 Hinds Sec. Sec. 1648-1651.

                                  Attire

      The Speaker has announced as proper the customary traditional 
  attire for Members while in attendance in the House Chamber, including 
  a coat and tie for male Members and appropriate attire for female 
  Members. The Speaker may refuse to recognize (or withdraw recognition 
  from) Members not adhering to the traditional standards of dress. 
  Manual Sec. 962. In one instance, the Speaker requested a noncomplying 
  Member to remove himself from the floor and don proper attire. The 
  House subsequently agreed to a resolution, offered as a question of 
  the privileges of the House, requiring Members to wear proper attire 
  as determined by the Speaker, and denying noncomplying Members the 
  privilege of the floor. Manual Sec. 622.

                        Exhibits and Charts; Badges

      Under clause 6 of rule XVII, the Chair has the discretion to 
  submit to the House the question of the use of an exhibit, such as a 
  chart, during debate. In addition, the Speaker's responsibility to 
  preserve decorum requires that an exhibit in debate that would be 
  demeaning to the House or that would be disruptive of its proceedings 
  be disallowed. A Member giving notice of an intent to offer a question 
  of privilege may not display an exhibit, such Member not having been 
  recognized for debate. Manual Sec. Sec. 622, 963; see Sec. 61, infra.
      In recent years, Members occasionally have worn badges on the 
  floor to convey political messages to their colleagues and to the 
  television audience. The Speaker has advised Members that the wearing 
  of badges on the floor while engaging in debate is inappropriate and 
  in contravention of clause 1 of rule XVII. Manual Sec. 945.

                          Speaker's Announcements

      On the opening day of recent Congresses, the Speaker has stressed 
  the importance of various rules of decorum in the House. The Speaker 
  has prefaced this customary announcement with a general statement 
  concerning decorum in the House, including adjurations against 
  engaging in personalities, addressing remarks to spectators, and 
  passing in front of the Member addressing the Chair. ``It is 
  essential,'' the Speaker said, ``that the dignity of the proceedings 
  of the House be preserved, not only to assure that the House conducts 
  its business in an orderly fashion but to permit Members to properly 
  comprehend and participate in the business of the House.'' 107-1, Jan. 
  3, 2001, p 40. See also Sec. Sec. 60-62, infra. The Speaker re-
  emphasized several decorum principles from the Chair during the 113th 
  and 114th Congresses. 113-1, Feb. 26, 2013, p__; 113-2, Mar. 25, 2014, 
  p__; 114-1, Feb. 22, 2015, p__.
      At the beginning of the 112th Congress, the Speaker's announcement 
  regarding recognition for special-order speeches affirmed that the 
  Speaker retains the ability to withdraw such recognition should 
  circumstances (such as disorderly conduct) so warrant. 112-1, Jan. 5, 
  2011, pp 104-106.


  Sec. 22 . Disorderly Language

      In speaking, Members should direct their remarks to the Chair, and 
  refer to other Members by surname or state affiliation. Members should 
  not refer to one another in the second person. Members should not 
  interject remarks while not properly recognized, and recognition may 
  be withdrawn for Members who fail to heed the Chair's gavel. Manual 
  Sec. 687.
      Members have been censured or otherwise disciplined for the use of 
  disorderly words in debate, whether the words were uttered in the 
  House or the Committee of the Whole. Manual Sec. 960; 2 Hinds 
  Sec. Sec. 1254, 1259, 1305; 6 Cannon Sec. 236. A Member may likewise 
  be disciplined for the insertion of disorderly words in the 
  Congressional Record. 6 Cannon Sec. 236. Members have been cautioned 
  against the use of vulgarity or profanity in debate. Manual Sec. 945. 
  The Chair may call to order a Member engaging in or tending toward 
  personalities in debate or for a verbal outburst following the 
  expiration of time for debate. Manual Sec. Sec. 361, 622. For a 
  discussion of critical references to Members, see Sec. 37, infra.
      Remarks in debate have been the subject of a resolution 
  collaterally raising a question of the privileges of the House, such 
  resolution alleging that the remarks brought discredit upon the House 
  and proposing that the Member in question be censured. 110-1, Oct. 23, 
  2007, p 27966; see also Questions of Privilege.
      The context of the debate itself must be considered in determining 
  whether the words objected to constitute disorderly criticism or do in 
  fact fall within the boundaries of appropriate parliamentary 
  discourse. The present-day meaning of language, the tone and intent of 
  the Member speaking, and the subject of the remarks, must all be taken 
  into account by the Speaker. There have been instances in which the 
  same or similar word has on one occasion been ruled permissible and on 
  another ruled unparliamentary. Thus the word ``damn'' has been ruled 
  out of order, whereas ``damnable'' has been permitted. Deschler-Brown 
  Ch 29 Sec. 43.


  Sec. 23 . --Critical References to the Senate and to Senators

      A rule of comity prohibiting most references in debate to the 
  Senate was first enunciated in Jefferson's Manual and was strictly 
  enforced in the House through the 108th Congress (albeit with certain 
  exceptions adopted in the 100th and 101st Congresses). Manual 
  Sec. 945. The former rule prohibited most references to the Senate 
  except in a general or neutral way and prohibited any references to 
  individual Senators (beyond their status as sponsors of legislation).
      In the 109th Congress, the rule was changed to permit references 
  to the Senate generally and to subject individual Senators to the same 
  standards of debate used for Members of the House. Thus, Members may 
  not engage in ``personalities'' with regard to individual Senators. 
  For example, it is not in order to refer to a Senator in a derogatory 
  fashion, to question a Senator's personal motives, or to accuse a 
  Senator of falsehood, deception, or corruption. Under the new 
  standard, Members may urge the Senate to take a particular action. 
  111-2, Mar. 21, 2010, p 4105. The Chair will take the initiative to 
  call Members to order for unparliamentary references with regard to 
  the Senate. Manual Sec. 371. For further information on the kinds of 
  personal remarks prohibited as to both House Members and Senators, see 
  Sec. Sec. 37-43, infra.


  Sec. 24 . --References to the Press, Media, or Gallery

                          References to the Media

      A Member should address all remarks to the Chair, and only the 
  Chair; it is not in order for a Member to address remarks to ``the 
  press'' or to the ``television audience,'' including Members watching 
  in their offices. The rule is enforced on the Chair's own initiative. 
  Manual Sec. 945.

                         References to the Gallery

      By rule of the House adopted in 1933, no Member may introduce or 
  refer to any occupant of the galleries of the House. Clause 7 of rule 
  XVII; Manual Sec. 966. The rule is strictly enforced, and the Chair 
  ordinarily intervenes sua sponte to prevent infraction thereof. 
  Deschler-Brown Ch 29 Sec. Sec. 45.4, 45.7. The rule may not be 
  suspended by permission to proceed out of order, even by unanimous 
  consent. Manual Sec. 966. The rule has been invoked to prevent a 
  Member from making references to:

     An honored guest in the gallery who had exhibited ``great 
         heroism.'' Deschler-Brown Ch 29 Sec. 45.1.
     A Member's constituents sitting in the gallery. Deschler-Brown 
         Ch 29 Sec. 45.2.
     A Federal official present in the gallery who had an interest 
         in the pending bill. Deschler-Brown Ch 29 Sec. 45.3.
     A ``disinterested, objective observer'' sitting in the 
         gallery. Deschler-Brown Ch 29 Sec. 45.5.
     Family members present in the gallery. 99-2, July 29, 1986, p 
         17956.


  Sec. 25 . --References to Executive Officials

      Jefferson wrote that in Parliament it was out of order to speak 
  ``irreverently or seditiously'' against the King. Manual Sec. 370. No 
  analogous constraint exists in the rules of the House. Members in 
  debate are permitted wide latitude in the use of language that is 
  critical of the President, other officials of the executive branch, 
  and the government itself. 5 Hinds Sec. Sec. 5087-5091; 8 Cannon 
  Sec. Sec. 2499, 2500; Deschler-Brown Ch 29 Sec. 47. Such criticism is 
  considered as inherent in the exercise of legislative authority. As a 
  report adopted by the House in 1909 read, ``The right to legislate 
  involves the right to consider conditions as they are and to contrast 
  present conditions with those of the past or those desired in the 
  future. The right to correct abuses by legislation carries the right 
  to consider and discuss [them].'' 8 Cannon Sec. 2497. Members may 
  employ strong language in criticizing the government, government 
  agencies, and governmental policies. For example, it has been held in 
  order for a Member to:

     Refer to the government as ``something hated, something 
         oppressive.'' Deschler-Brown Ch 29 Sec. 47.6.
     Refer to the President as ``using legislative and judicial 
         pork.'' 8 Cannon Sec. 2499.
     Refer to certain unnamed officials as ``our half-baked nitwits 
         who are handling the foreign affairs. . . .'' Deschler-Brown Ch 
         29 Sec. 47.3.
     Refer to a Federal agency as a ``Socialist, Communist'' 
         experiment. Deschler-Brown Ch 29 Sec. 47.4.
     Refer to the government as a ``labor dictatorship.'' Deschler-
         Brown Ch 29 Sec. 47.5.

      On the other hand, the rules do not permit the use of language 
  that is personally offensive toward the President. Manual Sec. 370; 5 
  Hinds Sec. 5094. For example, it is out of order to call the President 
  a ``liar'' or a ``hypocrite'' or to refer to accusations of sexual 
  misconduct. Manual Sec. 370; 8 Cannon Sec. 2498; Deschler-Brown Ch 29 
  Sec. 47.16. A Member may refer to political motives of the President 
  in debate. However, personal criticism, innuendo, ridicule, or terms 
  of opprobrium are not in order. 8 Cannon Sec. 2497. For example, a 
  Member may not in debate describe the President's veto of a bill as 
  ``cowardly'' (Manual Sec. 370), or charge that the President has been 
  ``intellectually dishonest'' (Deschler-Brown Ch 29 Sec. 47.15), 
  ``delusional'' (114-1, Dec. 9, 2015, p__), or acting ``above the law'' 
  (113-1, Jan. 15, 2013, p__). It is not in order to refer to the 
  President as ``giving aid and comfort'' to the enemy (Deschler-Brown 
  Ch 29 Sec. 47.17), or describe the President's actions as ``arrogant'' 
  (110-1, Jan. 11, 2007, p 998) or ``mean-spirited'' (110-2, July 15, 
  2008, p 15061).
      Members must abstain from personally offensive language even 
  during impeachment proceedings. It is not in order to refer to 
  evidence of alleged impeachable offenses by the President contained in 
  a communication from an Independent Counsel pending before a House 
  committee but not before the House itself. Manual Sec. 370.
      The Speaker has advised that the traditional protections against 
  unparliamentary references to the President do not necessarily extend 
  to the President's family. Deschler-Brown Ch 29 Sec. 47.18. The 
  Speaker enunciated a minimal standard of propriety for all debate 
  concerning nominated candidates for the Presidency, based on the 
  traditional proscription against personally offensive references to 
  the President even in the capacity of candidate. Manual Sec. 370. A 
  similar proscription applies to the President-elect. 114-2, Nov. 16, 
  2016, p__.
      References in debate to the Vice President are governed by the 
  standards of reference permitted toward the President or Senators. 
  Therefore, a Member may criticize in debate the policies or candidacy 
  of the Vice President but may not engage in personality. Manual 
  Sec. 371.
      Under rule XVII a Member may be called to order for alleged 
  unparliamentary references to the President by a demand that the words 
  be taken down. Deschler-Brown Ch 29 Sec. 49.32.


  Sec. 26 . Procedure; Calls to Order

                               In the House

      Procedures are available under rule XVII that enable the House to 
  deal with disorderly words or actions by Members. A Member 
  transgressing the rules may be called to order by the Speaker or by 
  another Member. Manual Sec. 960. The Member calling the offending 
  Member to order may demand that the words objected to be ``taken 
  down'' and read to the House by the Clerk. Manual Sec. 960.
      Briefly summarized, procedures available to deal with disorder 
  include:

     Point of order raised against alleged unparliamentary 
         language.
     Demand that words be ``taken down.''
     The Chair gavels the proceedings to a halt and directs the 
         offending Member to cease debate.
     Words taken down reported to the House by the Clerk.
     Unanimous-consent request to withdraw words taken down.
     Motion to allow Member to explain words taken down.
     Speaker rules whether words are out of order.
     Member ruled out of order must discontinue debate.
     Motion to strike (or expunge) words.
     Censure or other disciplinary action by the House if (with 
         certain exceptions) there has been no intervening debate or 
         business.
     Motion that the Member be allowed to proceed in order.

      Not all cases involving disorderly words require the taking down 
  of words and other formal action by the House. In many instances, the 
  Chair will observe that debate is becoming personal and approaching a 
  violation of the rules, in which case the Chair may simply request 
  that Members proceed in order. See, e.g., Deschler-Brown Ch 29 
  Sec. 48.1. The Chair also may caution all Members, on the Chair's own 
  initiative or in response to a parliamentary inquiry, not to question 
  the integrity or motivation of other Members in debate. Deschler-Brown 
  Ch 29 Sec. 49.36. Likewise, where a Member objects to unparliamentary 
  remarks delivered in debate, but does not demand that the words be 
  taken down, it is appropriate for the Chair to sustain the point of 
  order and then direct the Member to proceed in order. Deschler-Brown 
  Ch 29 Sec. 49.34.
      Ordinarily, a question of personal privilege may not be based upon 
  language uttered in debate, the proper course being the timely demand 
  that words be taken down under rule XVII. Manual Sec. 708. However, 
  remarks in debate have been the subject of a resolution collaterally 
  raising a question of the privileges of the House, such resolution 
  alleging that the remarks brought discredit upon the House and 
  proposing that the Member in question be censured. 110-1, Oct. 23, 
  2007, p 27966; see also Questions of Privilege.


  Sec. 27 . --Procedure in the Committee of the Whole

      A point of order may be raised against the use of disorderly 
  language during debate in the Committee of the Whole. The chair of the 
  Committee may respond by sustaining the point of order and admonishing 
  the offending Member to proceed in order. Deschler-Brown Ch 29 
  Sec. 49.34.
      The use of disorderly language in the Committee of the Whole also 
  is subject to a demand that the words be taken down and reported to 
  the House for a ruling by the Speaker. 8 Cannon Sec. 2539. The chair 
  of the Committee does not rule on whether the words taken down are out 
  of order. 8 Cannon Sec. Sec. 2533, 2540. There is no debate in the 
  Committee on the propriety of the words used. 8 Cannon Sec. 2538. The 
  Committee rises automatically to report the words to the House after 
  the words are reported by the Clerk. 2 Hinds Sec. Sec. 1257-1259, 
  1348; 8 Cannon Sec. Sec. 2533, 2538, 2539. The business of the 
  Committee is suspended until the words objected to are reported to the 
  House. Deschler-Brown Ch 29 Sec. 49.42.

                                   Form

      Chair: M_. Speaker, the Committee of the Whole House on the state 
    of the Union having under consideration the bill H.R.__, certain 
    words used in debate were objected to and on request were taken down 
    and read at the Clerk's desk, and I herewith report the same to the 
    House.
      Speaker (after announcing report of Chair): The Clerk will read 
    the words reported from the committee.

      All of the words obje