HOUSE 

PRACTICE 

BROWN 

JOHNSON 

SULLIVAN 

2011 

U.S. House of 

Representatives 


gavsopen.eps
HOUSE PRACTICE 

A Guide to the Rules, 

Precedents, and Procedures 

of the House 

Wm. Holmes Brown 

Charles W. Johnson 

John V. Sullivan 

112th Congress, 1st Session 


capdome.eps
HOUSE

PRACTICE

A Guide to the Rules,

Precedents, and

Procedures of the House

Wm. Holmes Brown

Parliamentarian of the House

1974–1994

Charles W. Johnson

Parliamentarian of the House

1994–2004

John V. Sullivan

Parliamentarian of the House

2004–

www.gpo.gov/housepractice

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 2011

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800

Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001

ISBN 978-0-16-090133-1
iii 

Preface 

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 lawyers and clerks who render nonpartisan assistance to the Speaker, to the 

other presiding officers, and to the House on legislative and parliamentary 

procedure and, in addition, compile 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. On this foundation 

rests a body of precedent established by decisions of presiding officers on 

actual parliamentary questions or by long custom and tradition. 

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 commitment of the House to stand by its procedural decisions requires 

rigor concerning what constitutes precedent. In the parliamentary context, 

the term does not refer to a mere instance in which something occurred or 

was suffered; rather, it refers to a decision or order actually disposing of 

a question of order. 

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 28 volumes comprising thousands of deciVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00007 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
iv 

HOUSE PRACTICE

sions over the 224 years of parliamentary practice in the House. They are 

published as Hinds’ Precedents (1907); Cannon’s Precedents (1936); and 

Deschler’s, Deschler-Brown, and Deschler-Brown-Johnson Precedents (ongoing). 

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 as of the first session of the 112th Congress. 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 third edition of House Practice reflects the efforts of all of the 

members of the Office of the Parliamentarian – Tom Wickham, Ethan 

Lauer, Carrie Wolf, Jay Smith, Anne Gooch, Brian Cooper, Lloyd Jenkins, 

Monica Rodriguez – and of its Office of Compilation of Precedents – Andrew Neal, Max Spitzer, Deborah Khalili, 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 volume and their devotion to the pursuit of excellence in the procedural practices of the House are gratefully acknowledged. Particular appreciation goes to Max Spitzer for his skilled management of the project. 

References to frequently cited works are to the House Rules and Manual for the 112th Congress, by section (e.g., Manual § 364); to the volume 

and section of Hinds’ or Cannon’s Precedents (e.g., 6 Cannon § 570); to the 

chapter and section of Deschler’s, Deschler-Brown, or Deschler-BrownJohnson (e.g., Deschler Ch 5 § 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 § 287). 

John V. Sullivan 

Parliamentarian 

2004– 

v 

Chapter Outline 

Chapter 1. Adjournment (p. 1) 

Chapter 2. Amendments (p. 13) 

Chapter 3. Appeals (p. 63) 

Chapter 4. Appropriations (p. 69) 

Chapter 5. Assembly of Congress (p. 153) 

Chapter 6. Bills and Resolutions (p. 163) 

Chapter 7. Budget Process (p. 185) 

Chapter 8. Calendar Wednesday (p. 217) 

Chapter 9. Calendars (p. 225) 

Chapter 10. Chamber, Rooms, and Galleries (p. 229) 

Chapter 11. Committees (p. 235) 

Chapter 12. Committees of the Whole (p. 299) 

Chapter 13. Conferences Between the Houses (p. 333) 

Chapter 14. Congressional Procedures Enacted in Law (p. 369) 

Chapter 15. Congressional Record (p. 373) 

Chapter 16. Consideration and Debate (p. 381) 

Chapter 17. Contempt (p. 449) 

Chapter 18. Delegates and Resident Commissioner (p. 455) 

Chapter 19. Discharging Measures From Committees (p. 457) 

Chapter 20. District of Columbia Business (p. 465) 

Chapter 21. Division of the Question for Voting (p. 471) 

Chapter 22. Election Contests and Disputes (p. 481) 

Chapter 23. Election of Members (p. 487) 

Chapter 24. Electoral Counts; Selection of President and Vice President (p. 

493) 

Chapter 25. Ethics; Committee on Ethics (p. 499) 

Chapter 26. Germaneness of Amendments (p. 531) 

Chapter 27. Impeachment (p. 591) 

Chapter 28. Journal (p. 609) 

Chapter 29. Lay on the Table (p. 617) 

Chapter 30. Messages Between the Houses (p. 625) 

Chapter 31. Morning Hour; Call of Committees (p. 629) 

Chapter 32. Motions (p. 633) 

Chapter 33. Oaths (p. 637) 

Chapter 34. Office of the Speaker (p. 643) 

Chapter 35. Officers and Offices (p. 651) 

Chapter 36. Order of Business; Privileged Business (p. 659) 

vi 

HOUSE PRACTICE

Chapter 37. Points of Order; Parliamentary Inquiries (p. 667) 

Chapter 38. Postponement (p. 683) 

Chapter 39. Previous Question (p. 689) 

Chapter 40. Private Calendar (p. 705) 

Chapter 41. Question of Consideration (p. 711) 

Chapter 42. Questions of Privilege (p. 717) 

Chapter 43. Quorums (p. 743) 

Chapter 44. Reading, Passage, and Enactment (p. 765) 

Chapter 45. Recess (p. 779) 

Chapter 46. Recognition (p. 785) 

Chapter 47. Reconsideration (p. 803) 

Chapter 48. Refer and Recommit (p. 815) 

Chapter 49. Resolutions of Inquiry (p. 831) 

Chapter 50. Rules and Precedents of the House (p. 837) 

Chapter 51. Senate Bills; Amendments Between the Houses (p. 843) 

Chapter 52. Special Orders of Business (p. 869) 

Chapter 53. Suspension of Rules (p. 881) 

Chapter 54. Unanimous-Consent Agreements (p. 891) 

Chapter 55. Unfinished Business (p. 901) 

Chapter 56. Unfunded Mandates (p. 907) 

Chapter 57. Veto of Bills (p. 911) 

Chapter 58. Voting (p. 919) 

Chapter 59. Withdrawal (p. 947) 

Index (p. 953) 

1 

Chapter 1 

Adjournment 

A. GENERALLY; ADJOURNMENTS OF THREE DAYS OR LESS

§ 1. In General 

§ 2. Adjournment Motions and Requests; Forms 

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

§ 4. In Committee of the Whole 

§ 5. Who May Offer Motion; Recognition 

§ 6. Debate on Motion; Amendments 

§ 7. Voting 

§ 8. Quorum Requirements 

§ 9. Dilatory Motions; Repetition of Motion 

B. ADJOURNMENTS FOR MORE THAN THREE DAYS

§ 10. In General; Resolutions 

§ 11. Privilege of Resolution 

§ 12. August Recess 

C. ADJOURNMENT SINE DIE

§ 13. In General; Resolutions 

§ 14. Procedure at Adjournment; Motions 

Research References 

U.S. Const. art. I, § 5 

5 Hinds §§ 5359-5388 

8 Cannon §§ 2641-2648 

Deschler-Brown-Johnson Ch 40 

Manual §§ 82-84, 911-913 

2 

§ 1 HOUSE PRACTICE

A. Generally; Adjournments of Three Days or Less 

§ 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) (§ 5, infra); (2) adjournments of more 

than three days, which require the consent of the Senate (§ 10, infra); and 

(3) adjournments sine die, which end each session of a Congress and which 

require the consent of both Houses. Adjournments of more than three days 

or sine die are taken pursuant to concurrent resolutions. §§ 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 

session. The mace remains in place on its pedestal, reports may be filed 

with the Clerk, and bills may be placed in the hopper. See RECESS. 

Emergency Convening Authority 

During any recess or adjournment of not more than three days, if the 

Speaker is notified by the Sergeant-at-Arms of an imminent impairment of 

the place of reconvening, then 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; § 10, infra. 

§ 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 §§ 5371, 5372. The form is as follows: 

MEMBER: Ml. Speaker, I move that the House do now adjourn. 

Note: The motion must be in writing if demanded. 

3 

CHAPTER 1—ADJOURNMENT § 3 

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 

§ 5371; 8 Cannon § 2647. The motion may not be amended to set forth the 

day on which the House is to reconvene. § 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 § 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 § 621. 

MEMBER: Ml. Speaker, I move that when the House adjourns today 

it stand adjourned to meet at lllll(time) on lllll(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 

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

MEMBER: Ml. Speaker, I ask unanimous consent that when the House 

adjourns today, it adjourn to meet at ll on ll, ll (any time on 

a day within three calendar days not including Sundays). 

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

Legislative Days and Calendar Days Distinguished 

The duration of a legislative day does not conform to the 24 hours of 

a calendar day, nor does a legislative day automatically terminate by reason 

of the arrival of the time for a regularly scheduled meeting of the House. 

The legislative day continues until terminated by an adjournment, irrespective of the passage of calendar days. 5 Hinds §§ 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 § 913. However, a 

legislative day cannot extend into a new Congress or a new session. 96-1, 

Jan. 3, 1980, p 37774. 

§ 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 § 912; 5 Hinds §§ 5359, 

5360. Other motions may not intervene between the motion to adjourn and 

the vote thereon. 5 Hinds § 5361. The motion to adjourn is specifically 

4 

§ 3 HOUSE PRACTICE

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 § 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 § 439. 

The motion to fix the day and time to which the House shall adjourn 

is of equal privilege to the simple motion to adjourn but is entertained only 

at the Speaker’s discretion. Manual §§ 911, 912. The motion to fix the day, 

if made first, need not give way to the simple motion. 5 Hinds § 5381. 

The motion to adjourn may not interrupt a vote being taken in the 

House. 5 Hinds § 5360. However, the motion to adjourn is in order: 

0 Between the putting of the question on a proposition and the ensuing vote. 

Manual § 439. 

0 Between the different methods of voting, as between a vote by division and 

a vote by yeas and nays. Manual § 439. 

0 After a recorded vote is ordered and before the vote begins. 5 Hinds 

§ 5366. 

0 After a vote has been objected to for lack of a quorum. Manual § 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 §§ 911, 912. The motion is in order and takes precedence over the motions delineated in clause 4(a) of rule XVI and: 

0 The reading of the Journal. 4 Hinds § 2757. 

0 The Speaker’s approval of the Journal. Manual § 621. 

0 A motion for a call of the House. 8 Cannon § 2642. 

0 A resolution offered as a question of the privileges of the House. Manual 

§ 699. 

0 The consideration of an impeachment proceeding. 91-2, Apr. 15, 1970, p 

11940. 

0 A motion to reconsider. 5 Hinds § 5605. 

0 A motion to instruct conferees. Manual § 912. 

0 The filing of a privileged report from a committee. Manual § 912. 

0 The consideration of conference reports. 5 Hinds §§ 6451, 6453. 

0 A report from the Committee of the Whole. 8 Cannon § 2645. 

0 The consideration of a veto message from the President. 4 Hinds § 3523. 

5 

CHAPTER 1—ADJOURNMENT § 6 

When Not in Order 

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

0 When another Member holds the floor in debate. Manual § 912; 5 Hinds 

§ 5360. 

0 During time yielded for a parliamentary inquiry. Deschler-Brown-Johnson 

Ch 40 § 3.18. 

0 When the House is voting, such as by the yeas and nays or other recorded 

vote. 5 Hinds § 6053. 

0 Pending a vote pursuant to a special order of business providing for such 

vote ‘‘without intervening motion.’’ 4 Hinds §§ 3211, 3212. 

0 During the presentation of a conference report. 5 Hinds § 6452. 

0 Pending or during the administration of the oath to a Member. 1 Hinds 

§ 622. 

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

0 Pending consideration of a report from the Committee on Rules. Clause 

6(b) of rule XIII; 8 Cannon § 2260. 

0 Pending consideration of a motion to suspend the rules. Clause 1(b) of rule 

XV. 

§ 4. In Committee of the Whole 

The motion to adjourn is not in order after the House has voted to resolve into the Committee of the Whole. 4 Hinds § 4728; 5 Hinds § 5367. 

The motion is not in order in the Committee of the Whole. 4 Hinds § 4716. 

It also is not entertained when the Committee of the Whole rises to report 

proceedings incident to securing a quorum (8 Cannon § 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 § 4923. 

§ 5. Who May Offer Motion; Recognition 

The motion to adjourn may be made by any Member (91-1, Oct. 14, 

1969, pp 30054-56). The Chair may declare the House adjourned by unanimous consent when no Member is available. Deschler-Brown-Johnson Ch 

40 § 3.28. 

§ 6. Debate on Motion; Amendments 

Debate on the simple motion to adjourn is precluded by clause 4(b) of 

rule XVI. Manual § 911; 5 Hinds § 5359. Clause 4(c) precludes debate on 

6 

§ 7 HOUSE PRACTICE

the motion to fix the day to which the House shall adjourn. Manual § 911; 

5 Hinds §§ 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 § 585. Thus, the motion 

may not be amended by language alluding to the purpose of the adjournment. Manual § 912. The motion also may not be amended by language 

specifying the day (5 Hinds § 5360) or hour (5 Hinds § 5364) to which adjournment is to be taken. Manual § 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 § 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 § 911. 

§ 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 §§ 5620, 5622; see also RECONSIDERATION. 

§ 8. Quorum Requirements 

A quorum is required for a motion to fix the time of adjournment to 

a day and time certain. Manual § 913. 

The simple motion to adjourn may be agreed to notwithstanding the absence of a quorum. See Manual §§ 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 §§ 2950, 2951, 2988; 6 Cannon §§ 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 § 5365. 

The motion to adjourn takes precedence over a motion for a call of the 

House. § 3, supra. In one instance, following a point of order that a quorum 

7 

CHAPTER 1—ADJOURNMENT § 9 

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 § 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 

§§ 75, 76. Where the vote on an adjournment is decided in the negative, and 

a point of order that a quorum is not present is sustained, an ‘‘automatic’’ 

roll call on the motion then occurs under clause 6 of rule XX. 100-1, Nov. 

2, 1987, pp 30386-90; Deschler-Brown-Johnson Ch 40 § 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 § 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. 

§ 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 § 903. Although of the highest privilege, the motion to adjourn is not in order when 

offered for purposes of delay or obstruction. 5 Hinds §§ 5721, 5731; 8 Cannon §§ 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 § 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 

§ 912; 5 Hinds §§ 5373, 5374, 5376-5378; 8 Cannon § 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 

8 

§ 10 HOUSE PRACTICE

certain reports from the Committee on Rules and during the consideration 

of motions to suspend the rules. Manual §§ 858, 890; § 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 §§ 5740, 

5741. However, if a motion to adjourn is made and rejected, and a quorum 

then fails, a second motion to adjourn is admitted. 5 Hinds §§ 5744-5746. 

B. Adjournments for More Than Three Days 

§ 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 § 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 § 83; 5 Hinds § 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 § 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 § 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 § 84. 

The concurrent resolution is generally offered by the Majority Leader 

or a designee: 

MEMBER: Ml. 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 § 84. Recent resolutions have provided for one period 

of adjournment of the House and a different period for the Senate. Thus, 

9 

CHAPTER 1—ADJOURNMENT § 10 

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 § 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 § 171; for convening, see ASSEMBLY

OF CONGRESS. 

Conditional Adjournments; Recall Provisos 

An adjournment resolution may include various conditions or provisos, 

such as that the Senate shall adjourn pursuant to the resolution after it has 

disposed of a certain bill. Manual § 84; 95-2, June 29, 1978, p 19466. 

A concurrent resolution adjourning both Houses for more than three 

days, or sine die, normally includes authority for the Speaker and the Majority Leader of the Senate, acting jointly, to reassemble the Members whenever the public interest shall warrant it. Manual § 84. Recently, such recall 

authority has allowed the respective designees of the Majority Leader and 

the Speaker to so reassemble. It has also allowed reassembly at such place 

as may be designated. Deschler-Brown-Johnson Ch 40 § 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 § 82a. A concurrent resolution also may provide for the 

sine die adjournment of one House following a single House recall. Manual 

§ 84. 

The House has entered an order authorizing 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 and after consultation with the Minority 

Leader. 112-1, H. Res. 479, Dec. 6, 2011, p ll. 

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. 

10 

§ 11 HOUSE PRACTICE

§ 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 § 84; 5 Hinds 

§ 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 such resolutions until the House has approved its regular appropriation bills and completed action on any required reconciliation legislation. Manual § 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., 101-1, June 23, 1989, p 13271. 

§ 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 § 198. The House has not adjourned sine 

die by July 31 under this Act for many years, and the provisions in the Act 

to that effect have been routinely waived by concurrent resolution, thereby 

permitting the two Houses to continue in session. Manual §§ 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 § 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, requires a yea and nay vote for adoption, and 

11 

CHAPTER 1—ADJOURNMENT § 13 

is not debatable. Manual § 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 § 12.4) or by resolution reported 

by the Committee on Rules (105-1, July 31, 1997, p 17018). 

C. Adjournment Sine Die 

§ 13. In General; Resolutions 

Adjournments sine die (literally, without day) are used to terminate the 

sessions of a Congress, and are provided for by concurrent resolution. A 

session terminates automatically at the end of the constitutional term. See 

96-1, Jan. 3, 1980, p 37774; 104-1, Jan. 3, 1996, p 38609. Adjournment resolutions may be offered from the floor as privileged. 5 Hinds § 6698. 

The resolution is not debatable. 8 Cannon §§ 3371-3374. However, a 

Member may be recognized during its consideration under a reservation of 

objection to a unanimous-consent request. Manual § 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 § 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 § 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 § 733. 

The time of adjournment sine die having been fixed by concurrent resolution, the House may not finally adjourn before that time. 5 Hinds § 6714. 

However, a sine die resolution may be recalled prior to action thereon by 

the other House. 5 Hinds § 6699. Also, it is subject to rescission by a subsequent concurrent resolution. 5 Hinds § 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 § 5920. For waivers of statutory 

provision as to adjournment sine die on July 31, see § 12, supra. 

Under the current practice, sine die adjournment resolutions normally 

contain House-Senate leadership recall authority. For a discussion of recall 

authority generally, see § 10, supra. 

12 

§ 14 HOUSE PRACTICE

The House customarily authorizes the Speaker to appoint a committee 

to notify the President of the completion of business and the intention of 

the two Houses to adjourn sine die unless the President has some further 

communication to make. 100-1, Dec. 21, 1987, p 37618. This committee is 

usually composed of the Majority and Minority Leaders of the House, and 

joins a similar committee appointed by the Senate. 106-1, Nov. 18, 1999, 

p 30735. 

§ 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 §§ 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 § 55; 5 Hinds 

§ 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: 

Ml. Speaker, pursuant to House Concurrent Resolution ll, llth 

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. 

13 

Chapter 2 

Amendments 

A. AMENDMENTS DEFINED AND DISTINGUISHED; FORMS

§ 1. In General; Formal Requisites 

§ 2. Perfecting Amendments 

§ 3. Motions to Insert 

§ 4. Motions to Strike and Insert 

§ 5. Motions to Strike 

§ 6. Substitute Amendments 

§ 7. Amendments in Nature of a Substitute 

§ 8. Pro Forma Amendments 

§ 9. Precedence of Motion Generally 

§ 10. Amending Other Motions 

§ 11. Effect of Special Orders of Business 

§ 12. — Amendments Printed in the Congressional Record 

B. PERMISSIBLE PENDING AMENDMENTS

§ 13. In General; The Stages of Amendment 

§ 14. Amendments in the Third Degree 

C. WHEN TO OFFER AMENDMENT; READING FOR AMENDMENT

§ 15. In General; Reading by the Clerk 

§ 16. Amendments to Text Passed in the Reading 

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

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

§ 19. Amendments in the Nature of a Substitute 

§ 20. Recognition to Offer Amendments; Priority 

D. OFFERING PARTICULAR KINDS OF AMENDMENTS; 

PRECEDENCE AND PRIORITIES

§ 21. Introductory; Perfecting Amendments 

§ 22. Motions to Strike 

§ 23. Motions to Strike and Insert 

§ 24. Substitute Amendments 

14 

HOUSE PRACTICE

§ 25. Offering Amendments During Yielded Time 

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

E. CONSIDERATION AND VOTING

§ 27. In General; Reading of Amendment 

§ 28. Order of Consideration Generally; Postponed and Clustered 

Votes on Amendments 

§ 29. Committee Amendments 

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

§ 31. Perfecting Amendments; Motions to Strike 

§ 32. Substituting Amendments 

§ 33. Points of Order 

§ 34. — Timeliness 

§ 35. Debate on Amendments 

§ 36. Withdrawal of Amendment 

§ 37. Modification of Amendment 

F. EFFECT OF ADOPTION OR REJECTION; CHANGES AFTER

ADOPTION

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

§ 39. Adoption of Amendment as Precluding Motions to Strike 

§ 40. Effect of Adoption of Motions to Strike 

§ 41. Adoption of Amendment in the Nature of Substitute 

§ 42. Amendments Pertaining to Monetary Figures 

§ 43. Effecting Changes by Unanimous Consent 

§ 44. Amendments Previously Considered and Rejected 

G. HOUSE CONSIDERATION OF AMENDMENTS REPORTED FROM

THE COMMITTEE OF THE WHOLE

§ 45. In General; Voting 

§ 46. Effect of Rejection of Amendment 

§ 47. Motions to Recommit with Instructions Pertaining to Amendments 

H. AMENDMENTS TO TITLES AND PREAMBLES

§ 48. In General 

Research References 

5 Hinds §§ 5753-5800 

15 

CHAPTER 2—AMENDMENTS § 1 

8 Cannon §§ 2824-2907a 

Deschler Ch 27 

Manual §§ 413, 456, 469, 902, 905, 911, 919-927, 978-981, 986-989, 991 

A. Amendments Defined and Distinguished; Forms 

§ 1. In General; Formal Requisites 

Generally 

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

They are: 

0 The amendment to the pending proposition 

0 Amendments to the amendment 

0 Substitute amendments 

0 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. § 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 § 5755; Deschler Ch 27 § 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 §§ 5753, 5785; 8 Cannon 

§§ 2883, 2887; Deschler Ch 27 § 1; see also § 13, infra. 

Recognition for the purpose of offering amendments is within the discretion of the Chair. See § 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 § 1.11. 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. § 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 § 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 § 22.11. 

16 

§ 1 HOUSE PRACTICE

An amendment must contain instructions to the Clerk as to the portion 

of the text it seeks to amend. Deschler Ch 27 § 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 §§ 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 § 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 § 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 

§ 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 § 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. § 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 § 5.28. Indeed, under this scenario, three 

further amendments would have been in order: (1) a substitute to the perfecting amendment to the original text; (2) a perfecting amendment to the 

substitute; and (3) a perfecting amendment to the amendment to the original 

text. 

17 

CHAPTER 2—AMENDMENTS § 2 

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. § 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 § 3.1. 

§ 2. Perfecting Amendments 

Generally 

Generally, the House follows the Jeffersonian principle that an amendment should be perfected before agreeing to it. Manual § 456. The term 

‘‘perfecting amendment’’ includes amendments to insert as well as amendments to strike and insert. Deschler Ch 27 § 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 § 15.17. 

There are no degrees of preference as between perfecting amendments. 

Deschler Ch 27 § 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 § 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 § 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 § 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 § 24.15. 

18 

§ 3 HOUSE PRACTICE

§ 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 § 21, infra. They need not be offered in the 

order in which they are voted on. Deschler Ch 27 § 15.1. 

It is not in order to reinsert the precise language stricken by amendment. Deschler Ch 27 § 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 § 31.6. 

After an amendment to insert has been agreed to, the matter inserted 

ordinarily may not then be amended insularly. 5 Hinds § 5761; 8 Cannon 

§ 2852; see § 38, infra. However, an amendment may be added at the end 

of the inserted material. 5 Hinds § 5759; Manual § 469. 

§ 4. Motions to Strike and Insert 

A motion to strike and insert is usually a perfecting amendment (Deschler Ch 27 § 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 § 17.12 (note). See also § 23, infra. 

§ 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. § 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 

§ 17.29. The motion to strike, if adopted, strikes the entire section, including 

provisions added as perfecting amendments to that section. Deschler Ch 27 

§ 31.1. 

A motion to strike the enacting clause of a bill is a parliamentary motion used for rejecting the bill. Deschler Ch 27 § 15. It takes precedence 

over a motion to amend the bill under clause 9 of rule XVIII. Manual § 988. 

19 

CHAPTER 2—AMENDMENTS § 7 

§ 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 §§ 2879, 2883; Deschler Ch 27 § 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 § 18.15. 

A substitute for a motion to strike is not in order. Deschler Ch 27 

§ 18.8. A motion to strike is not in order as a substitute for a pending motion to strike and insert (Deschler Ch 27 § 17.18) or for a perfecting amendment to text generally (Deschler Ch 27 § 17.17). 

A proposition contained in a substitute may sometimes be reoffered in 

a different form after it has failed of approval. 8 Cannon § 2843. 

Members may not offer substitutes for their own amendments. Deschler 

Ch 27 § 18.22. 

§ 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 § 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 § 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 § 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 § 2896; Deschler Ch 27 § 25. 

20 

§ 8 HOUSE PRACTICE

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 

§ 32.6; see also Manual § 923. 

§ 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 

§ 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 § 2. A special 

order of business may limit the offering of substantive amendments but enable pro forma amendments for the purpose of debate. A pro forma amendment may be offered after a substitute has been adopted and before the vote 

on the amendment, as amended, by unanimous consent only because the 

amendment has been amended in its entirety and no further amendments, 

including pro forma amendments, are in order. Manual § 981. 

A Member who has occupied five minutes on a pro forma amendment: 

0 May not lengthen this time by making a second pro forma amendment or 

by offering a pro forma amendment to the original amendment. Manual 

§ 981; 5 Hinds § 5222; 8 Cannon § 2560. 

0 May not extend this time by offering a substantive amendment while other 

Members are seeking recognition. Manual § 981. 

0 May offer a second-degree amendment and then offer a pro forma amendment to debate the underlying first-degree amendment. Manual § 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 §§ 2.5, 28.38. If the point of order is raised, a Member may not under 

a pro forma amendment discuss a section of the bill not immediately pending. Deschler Ch 27 § 2.4. A Member recognized to debate a pro forma 

amendment may not allocate or reserve time. Manual § 981. 

21 

CHAPTER 2—AMENDMENTS § 9 

§ 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 § 911. Because the motion to refer takes precedence over 

the motion to amend (5 Hinds § 5555), the motion to amend is not entertained while the motion to refer is pending (6 Cannon § 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 § 4751. 

The Previous Question 

In the House, a motion for the previous question takes precedence over 

a motion to amend. Manual § 926; 8 Cannon § 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 § 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 

§ 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 § 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 § 989. The motion may 

be offered while an amendment is pending. 5 Hinds § 5328; 8 Cannon 

§ 2624. 

22 

§ 10 HOUSE PRACTICE

In the Committee of the Whole, where the motion is utilized under the 

modern practice, the motion must be phrased as a recommendation, because 

only the House can directly reach the enacting clause. Where the House rejects a recommendation to strike the enacting clause, the House resolves 

itself without motion into the Committee of the Whole for further consideration of the bill. Deschler Ch 19 § 10.9. 

The gentlelll from lllll moves that the Committee do now 

rise and report the bill back to the House with the recommendation that 

the enacting clause be stricken. 

In the Committee of the Whole, the motion is subject to debate under 

the five-minute rule. Only two five-minute speeches are in order, one in 

favor of, one in opposition to, the motion. Although the motion to strike 

the enacting clause is pending, not even a pro forma amendment to strike 

the last word is entertained. 8 Cannon § 2627. 

For general discussion of the motion to strike the enacting clause, see 

COMMITTEE OF THE WHOLE. 

The Motion to Rise 

With one exception in the Committee of the Whole, a motion to amend 

a bill has precedence over a motion to rise and report it to the House. 4 

Hinds §§ 4752-4758. However, the motion to amend yields to the simple 

motion that the Committee rise. 4 Hinds § 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 proposing a limitation after 

a general appropriation bill has been completely read for amendment. Manual § 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 § 1044b. 

For precedence as between particular forms of amendment, see § 21, 

infra. 

§ 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 

23 

CHAPTER 2—AMENDMENTS § 11 

Hinds § 5754; Manual § 927. Unless precluded by the operation of the previous question, the motion to amend may be applied to a motion: 

0 To postpone. 5 Hinds § 5754; 8 Cannon § 2824. 

0 To amend. 5 Hinds § 5754. 

0 To refer. 5 Hinds § 5754. 

0 To recommit. 5 Hinds § 5521; 8 Cannon §§ 2695, 2738, 2762. 

0 To recommit with instructions. 8 Cannon §§ 2698, 2699, 2712, 2759. 

0 To declare a recess. 5 Hinds § 5754. 

0 To instruct conferees. 8 Cannon §§ 3231, 3240. 

0 To change the reference of a public bill if the amendment is authorized 

by the appropriate committee. Manual § 825; 7 Cannon § 2127. But see 

4 Hinds § 4378. 

When Not Permitted 

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

0 To order the previous question. Manual § 452. 

0 To table. 5 Hinds § 5754. 

0 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 

§§ 5405, 6858, 6859. 

0 To adjourn, as by specifying a particular day. 5 Hinds §§ 5360, 5754. 

0 To go into the Committee of the Whole to consider a privileged bill. Manual § 927; 6 Cannon §§ 52, 724. 

0 To take up a designated bill in the Committee of the Whole. 8 Cannon 

§ 2865. 

0 To strike the enacting clause. 8 Cannon § 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. 

§ 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 § 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 § 3.77; see also SPECIAL ORDERS OF BUSINESS. 

24 

§ 11 HOUSE PRACTICE

Legislation may be considered: 

0 Under an ‘‘open’’ rule, which places no restrictions on amendment. 

0 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. 

0 Under a rule that is ‘‘open in part,’’ ‘‘closed in part,’’ or ‘‘open for a time, 

closed thereafter.’’ 

0 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 § 3.7. Where a bill is being 

considered under a ‘‘closed’’ rule, even pro forma amendments are not in 

order. Deschler Ch 27 § 3.34. A ‘‘modified-closed rule’’ permits only designated amendments or a designated class of amendments. Deschler Ch 21 

§ 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 § 993; Deschler Ch 27 § 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 § 3.29 (note). For a list of 

unanimous-consent requests that have been permitted in the Committee of 

the Whole, see Manual § 993. 

A special order of business may waive points of order against a bill 

or against specified amendments thereto. Deschler Ch 27 § 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 § 3.72 (note). A 

waiver of points of order against a bill does not apply to amendments offered from the floor. Deschler Ch 27 § 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 has also reported rules that have ‘‘self-executed’’ 

25 

CHAPTER 2—AMENDMENTS § 13 

the adoption of an amendment that became original text for the purpose of 

further amendment. Manual § 855; Deschler-Brown Ch 31 § 10.14. 

§ 12. — Amendments Printed in the Congressional Record 

The Committee on Rules may report a rule that precludes amendments 

that have not been printed in the Congressional Record. An amendment 

similar but not identical to the text of an amendment printed in the Record 

has been held out of order under such a rule. Only the House, by unanimous 

consent, may permit the offering of an amendment that differs in any way 

from an amendment permitted under the rule. However, an offeror may 

modify an amendment by unanimous consent in the Committee of the 

Whole once pending. Manual § 993; Deschler Ch 27 §§ 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 § 3.13. 

B. Permissible Pending Amendments 

§ 13. In General; The Stages of Amendment 

The checklist below and the above chart show the four common motions that may be pending simultaneously under clause 6 of rule XVI (5 

Hinds § 5753) and the order in which they are voted on (see also § 28, 

infra): 

0 To amend the text (4) 

0 To amend the proposed amendment (1) 

0 To amend by a substitute (3) 

0 To amend the substitute (2) 

Generally, only one amendment to the text may be pending at any one 

time. 5 Hinds § 5755; Deschler Ch 27 § 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 § 5753; 8 

Cannon § 2883; Deschler Ch 27 § 1. 

26 

§ 13 HOUSE PRACTICE

TEXT

Amendment to substitute 2

Amendment to amendment

AMENDMENT

1

4

SUBSTITUTE

3

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 § 1, supra; § 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 § 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 § 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 §§ 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 § 5.34. Likewise, 

where there is pending a motion to strike a title of a bill, perfecting amendVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00036 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A

57162-1.eps
27 

CHAPTER 2—AMENDMENTS § 14 

ments to that title may nevertheless be offered and voted on before voting 

on the motion to strike. Deschler Ch 27 § 5.11. 

Amending Pending Amendments 

Only one amendment to a pending amendment may be pending at one 

time. Deschler Ch 27 §§ 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 § 5.5. 

Amending Substitute Amendments 

A substitute for an amendment is subject to amendment. Deschler Ch 

27 §§ 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 § 5.13. Other amendments to 

the substitute are in order following disposition of the pending amendment 

to the substitute. Deschler Ch 27 § 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 § 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 § 5.21. 

§ 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 § 5754; 8 

Cannon § 2580; Deschler Ch 27 § 6.1. ‘‘The line must be drawn somewhere,’’ wrote Thomas Jefferson, ‘‘and usage has drawn it after the amendment to the amendment.’’ Manual § 454. This principle is reflected in clause 

6 of rule XVI and is considered fundamental in the House of Representatives. Manual § 922; Deschler Ch 27 § 6. Thus, as shown by the chart, an 

amendment to an amendment to an amendment is in the third degree and 

28 

§ 14 HOUSE PRACTICE

TEXT OF BILL

Amendment to bill

1st degree

Amendment 

to

amendment

2d degree

Substitute for

pending

amendment

1st degree

Amendment 

to

amendment

to

amendment

3d degree

Amendment 

to

substitute

2d degree

Amendment 

to

amendment

to

substitute

3d degree


57162-3.eps
29 

CHAPTER 2—AMENDMENTS § 14 

not in order. Deschler Ch 27 § 6.2. Until the amendment to the amendment 

is disposed of, no further amendment to the amendment may be offered. 

Deschler Ch 27 § 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 § 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 ll; 110-2, Sept. 28, 2008, p ll; 111-2, Mar. 4, 2010, p ll. 

Substitutes for Pending Amendments Distinguished 

As shown by the following chart, a substitute for a pending first-degree 

amendment is subject to amendment, whereas a perfecting amendment to an 

amendment is not, as that would be in the third degree. Manual § 923; 

Deschler Ch 27 § 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 § 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 

§ 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 § 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 § 6.18. 

30 

§ 15 HOUSE PRACTICE

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 § 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 § 6.22. 

C. When to Offer Amendment; Reading for Amendment 

§ 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 § 4744. 

Amendments are then debated under the five-minute rule. Manual § 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 § 7. After a section or paragraph has been passed, it is no longer subject to amendment. Manual §§ 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 §§ 7.1, 7.18. 

House Practice Distinguished 

In the House, amendments to measures on the House Calendar are made 

where the Member calling up the measure yields for an amendment, or if 

the previous question is not moved or ordered, pending the engrossment and 

31 

CHAPTER 2—AMENDMENTS § 16 

third reading. 5 Hinds § 5781; 7 Cannon § 1051; Deschler Ch 27 § 13.3. 

Amendments may be offered to any part of the bill without proceeding by 

section or paragraph. 4 Hinds § 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 § 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 § 7.2. 

§ 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 § 7. Generally, an amendment comes too late when the Clerk has read 

beyond the section to which the amendment applies. 8 Cannon § 2930; 

Deschler Ch 27 § 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 § 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 § 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 § 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 standing and seeking recognition before the section or paragraph was passed in the reading. Deschler Ch 27 § 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 § 8.4. 

32 

§ 17 HOUSE PRACTICE

§ 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 § 9. Even committee amendments 

printed in a bill are not considered until the section where they appear is 

read for amendment. Deschler Ch 27 § 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 § 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 § 9.14. 

During the reading of an appropriation bill, clause 2(f) of rule XXI permits the offering of certain budget-neutral amendments to text not yet read. 

Such amendments may propose only to transfer appropriations among objects in the bill and are not subject to division. Manual § 1042. 

§ 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 § 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 § 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 § 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 § 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. 

§ 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 

33 

CHAPTER 2—AMENDMENTS § 20 

Ch 27 §§ 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 § 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 §§ 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 § 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 § 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 § 12.6. For substitutes for amendments in the nature of a 

substitute, see § 24, infra. 

§ 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 § 1422; Deschler Ch 27 §§ 4.1, 4.6. 

Discretion of Chair 

Except where governed by a special order of business, recognition for 

the purpose of offering amendments is within the discretion of the Chair. 

Deschler Ch 27 §§ 4.2, 4.3. No point of order lies against the Chair’s recognition of one Member over another. Deschler Ch 27 § 4.4. Nevertheless, 

34 

§ 20 HOUSE PRACTICE

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 § 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 

§ 4.19. Decisions on questions of recognition are not subject to appeal. Manual § 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 § 4.34. Thus, perfecting committee amendments to a paragraph under 

consideration are disposed of before amendments from the floor are considered. Deschler Ch 27 § 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 on their feet seeking recognition. Deschler 

Ch 27 § 4.8. This is so despite the party affiliation of such Members. Deschler Ch 27 § 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 §§ 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 § 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 § 4.13 (note). 

35 

CHAPTER 2—AMENDMENTS § 21 

D. Offering Particular Kinds of Amendments; Precedence 

and Priorities 

§ 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 § 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 § 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 

§ 988. 

A motion to strike and a perfecting amendment may be pending simultaneously. They must be voted on separately and in a specified order. § 28, 

infra. When a motion to strike is pending, an amendment to perfect the text 

proposed to be stricken may be offered as preferential. When an amendment 

to perfect is pending, a motion to strike must wait. Deschler Ch 27 § 15.1. 

They may not be offered as amendments to or substitutes for one another. 

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 § 15.13. 

Precedence Over the Motion to Strike 

A perfecting amendment to the text of a bill is in order and takes precedence over a pending motion to strike the text and is first to be voted on. 

Deschler Ch 27 §§ 15.3, 15.4. Thus, an amendment inserting new words is 

in order and takes precedence over a pending motion to strike that portion 

of the text. Deschler Ch 27 § 15.7. 

Perfecting amendments to a paragraph may be offered (one at a time) 

while a motion to strike the paragraph is pending, and such perfecting 

amendments are first disposed of. Deschler Ch 27 §§ 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 

§§ 15.8, 15.26. 

36 

§ 22 HOUSE PRACTICE

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 § 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 § 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 § 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 § 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 § 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 § 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 § 15.33. 

§ 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 

§ 17.3. A motion to strike a section or paragraph is not in order while a 

perfecting amendment is pending. Deschler Ch 27 §§ 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 § 469; 5 Hinds § 5758; 8 Cannon 

§ 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 motion to perfect the paragraph or section, including where the pending perfecting amendment is a motion to strike and 

insert new text. Deschler Ch 27 §§ 17.15-17.18. Although the motion to 

37 

CHAPTER 2—AMENDMENTS § 24 

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 §§ 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 § 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 § 17.23. 

§ 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 § 2849. It may be offered 

while the motion to strike is pending and is first acted upon. Deschler Ch 

27 § 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 § 16.4. 

Under clause 5 of rule XVI, a motion to strike and insert is indivisible. 

Manual § 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 

§ 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 § 17.7. See also § 4, supra. 

§ 24. Substitute Amendments 

Generally 

A ‘‘substitute’’ is a substitute for an amendment, and not a substitute 

for the original text. § 6, supra. A substitute can be entertained only after 

an amendment is pending. 8 Cannon § 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 § 18.2. The substitute 

38 

§ 25 HOUSE PRACTICE

is then in order until the Chair puts the question on the amendment. Deschler Ch 27 § 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 §§ 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 

§ 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 § 923; see also 5 

Hinds § 5797, 8 Cannon § 2843, and Deschler Ch 27 § 18.25 (note). 

§ 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 § 13.6; see § 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 § 13.3. An amendment may not be offered in time yielded for debate only. 8 Cannon § 2474; Deschler Ch 27 

§ 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 § 2470. The Member so yielded to may 

39 

CHAPTER 2—AMENDMENTS § 26 

then offer an amendment, be recognized for an hour, and may yield time 

to others. Deschler-Brown Ch 29 § 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 § 5021. By yielding to another to offer an amendment a Member 

loses the right to resume. 5 Hinds § 5031. However, a Member may yield 

to permit an amendment to be read for information without losing control 

of the time. 8 Cannon § 2477. 

In the Committee of the Whole 

A Member recognized under the five-minute rule may not yield to another Member to offer an amendment. A Member wishing to offer an 

amendment under the five-minute rule must seek recognition from the Chair 

and may not be yielded the floor for that purpose by another Member. 

Deschler Ch 27 § 13.7. 

§ 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 §§ 5486, 5487; Deschler Ch 

27 § 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 

recurs on the adoption of the resolution after the disposition of the amendment, and no intervening amendment is in order. Deschler Ch 27 § 14.3. 

However, a motion to commit may be in order under clause 2 of rule XIX. 

Manual §§ 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 § 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 § 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 § 987; Deschler Ch 27 § 14.10. However, where a special order of business limits the time for consideration of 

40 

§ 27 HOUSE PRACTICE

amendments, an amendment may not be offered upon the expiration of that 

time limitation. Manual § 993; see also CONSIDERATION AND DEBATE. 

E. Consideration and Voting 

§ 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 § 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 § 22. The reading of an amendment must be completed before an amendment thereto is in order. Deschler 

Ch 27 § 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 § 7.27. They need not be 

reoffered after they have been reported by the Clerk notwithstanding suspension of consideration of the bill. Where the Committee of the Whole resumes its consideration of a bill after an interval of time, the Chair sometimes (without objection) directs the Clerk to re-report the amendments that 

were pending at the time the Committee rose. Deschler Ch 27 § 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 § 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 § 986. 

Re-reading Amendments 

An amendment that has been once read may not be read again except 

by unanimous consent. Deschler Ch 27 § 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 § 1.33. 

41 

CHAPTER 2—AMENDMENTS § 28 

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 § 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 § 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 § 22.7. 

§ 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. § 13, supra. However, as shown by the following 

chart, they must be voted on in the sequence shown, as follows: (1) amendments to the amendment, if any, are disposed of first, seriatim, until the 

amendment is perfected; (2) amendments to the substitute are next voted on, 

seriatim, until the substitute is perfected; (3) the substitute is next voted on; 

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 § 922; Deschler Ch 27 § 23. 

An amendment to an amendment must be offered before the question 

is put on the underlying amendment. Deschler Ch 27 §§ 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 § 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 §§ 23.8, 23.9. 

42 

§ 28 HOUSE PRACTICE

TEXT OF BILL

Amendment to bill

(primary amendment)

Amendment 

to

amendment

Amendment 

to

substitute

Substitute for

pending

amendment

4

3

2

1

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 § 993; Deschler Ch 27 § 23. 


57162-2.eps
43 

CHAPTER 2—AMENDMENTS § 29 

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 § 984. 

Where a special order of business provided such authority, the Chair 

has held: 

0 Use of that authority, and the order of clustering, was entirely within the 

discretion of the Chair. 

0 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. 

0 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. 

0 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. 

0 Such authority did not permit the Chair to postpone a vote on an appeal 

of a ruling of the Chair (even by unanimous consent). 

0 The Committee of the Whole by unanimous consent could vacate postponed proceedings, thereby permitting the Chair to put the question de 

novo. 

0 The Committee of the Whole could resume proceedings on unfinished business consisting of a ‘‘stack’’ of amendments even while another amendment was pending. 

Manual § 984. 

Clause 6(g) also provides the Chair the ability to reduce to five minutes 

the time for electronic voting on any such postponed question that follows 

another electronic vote without intervening business. The offering of a pro 

forma amendment to discuss the legislative program, or an extended oneminute speech by a Member to express gratitude to the Members on a personal matter, may be considered intervening business such as to preclude 

a five-minute vote under this authority except by unanimous consent. Manual § 984. 

§ 29. Committee Amendments 

Pending amendments, whether favorably or adversely recommended by 

the committee reporting the bill, must be voted on. 8 Cannon § 2865. The 

44 

§ 30 HOUSE PRACTICE

Committee of the Whole must vote on a pending amendment even though 

it has been ‘‘accepted’’ by members of the committee reporting the bill. 

Deschler Ch 27 § 26.10. 

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 § 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 §§ 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 § 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 § 26.1. 

§ 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 §§ 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 § 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 § 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 § 27.15 (note). 

45 

CHAPTER 2—AMENDMENTS § 30 

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 § 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 § 27.5. 

Consideration Pursuant to Special Order of Business 

To expedite consideration of perfecting committee 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 

bill. Under such a special order of business, the manager of the bill may 

request en bloc consideration after the pending text is read and unanimous 

consent is not required. Deschler Ch 27 §§ 27.13, 27.14. 

‘‘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., 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. 

46 

§ 31 HOUSE PRACTICE

§ 31. Perfecting Amendments; Motions to Strike 

Preference as Between Perfecting Amendments 

There are no degrees of preference as between perfecting amendments. 

Deschler Ch 27 § 24.1. However, perfecting amendments to a section are 

considered before amendments proposing to insert new sections. 8 Cannon 

§ 2356; Deschler Ch 27 § 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 

§ 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 § 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 § 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 § 24.12. 

§ 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 § 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 § 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 § 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 § 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 § 5787; 8 Cannon 

§ 2896; Deschler Ch 27 § 25. Thus, an amendment in the nature of a substitute having been proposed, amendments to the portion of the original text 

47 

CHAPTER 2—AMENDMENTS § 33 

that have been read are in order and are voted on before the question is 

taken on the substitute. 8 Cannon § 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 § 25. 

§ 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 § 14, supra; APPROPRIATIONS; and GERMANENESS OF

AMENDMENTS. For points of order against amendments en bloc, see § 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, the Chair, with the sufferance of the Committee of the Whole, 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. See POINTS OF ORDER; PARLIAMENTARY INQUIRIES. 

48 

§ 34 HOUSE PRACTICE

§ 34. — Timeliness 

Generally 

Except as provided in the last paragraph of this section, a point of order 

against an amendment is properly made (or reserved) immediately after the 

reading thereof, following agreement to a unanimous-consent request that 

the amendment be considered as read, or at any time before debate has 

begun on the amendment. It should be disposed of before amendments to 

that amendment are offered. Similarly, a point of order against certain language should be decided before recognition of another Member to offer an 

amendment to the challenged language. See POINTS OF ORDER; PARLIAMENTARY INQUIRIES. 

Effect of Intervening Amendment or Debate 

A Member must exercise due diligence in raising a point of order. A 

point of order against an amendment should be made or reserved before the 

proponent of the amendment has been recognized to debate the amendment. 

It cannot be raised after the proponent of the amendment has been recognized and has begun 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. 

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 standing, seeking recognition, at the time the amendment was read. See POINTS OF ORDER; PARLIAMENTARY INQUIRIES; Deschler Ch 27 § 1. 

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 

49 

CHAPTER 2—AMENDMENTS § 36 

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. 

§ 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 § 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 § 14.9. For a discussion of limiting debate 

on amendments, see CONSIDERATION AND DEBATE. 

§ 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 §§ 905, 978; 5 Hinds 

§§ 5221, 5753; 8 Cannon §§ 2465, 2859; Deschler Ch 27 § 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 § 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 § 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 § 20.6. 

50 

§ 37 HOUSE PRACTICE

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 

§ 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 § 905. 

§ 37. Modification of Amendment 

The proponent of an amendment may modify such amendment only by 

unanimous consent. Deschler Ch 27 §§ 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 § 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 § 993. 

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 § 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 § 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 § 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 § 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 

51 

CHAPTER 2—AMENDMENTS § 38 

rather than as a unanimous-consent request. 99-1, Dec. 5, 1985, pp 34730, 

34731. 

F. Effect of Adoption or Rejection; Changes After Adoption 

§ 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 §§ 468-474; 8 Cannon § 2856; Deschler Ch 27 

§ 29.2. Once the text of a bill has been perfected by amendment, the perfected text cannot thereafter be amended. Deschler Ch 27 § 29.8. Similarly, 

the adoption of an amendment to a substitute precludes further amendment 

to those portions of the substitute so amended. Manual § 469; see § 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 § 5760; 8 Cannon § 2839; Deschler Ch 27 § 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 § 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 § 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 

§ 466; Deschler Ch 27 § 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 § 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 

52 

§ 39 HOUSE PRACTICE

which contradicts a proposition previously agreed to. Deschler Ch 27 

§§ 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 

§ 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 § 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 § 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 § 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 § 474; Deschler Ch 27 § 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 § 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 § 47, infra. 

§ 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, 

53 

CHAPTER 2—AMENDMENTS § 40 

it is not in order to offer an amendment that merely strikes that new paragraph or section. Manual § 474; Deschler Ch 27 § 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 § 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 § 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 § 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 § 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 

§ 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 

§ 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 § 30.9. 

§ 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 §§ 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 § 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 § 31.9. 

54 

§ 41 HOUSE PRACTICE

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 § 31.6. See also Manual § 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 § 469; Deschler Ch 27 §§ 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 § 469; Deschler Ch 27 § 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 § 31.18. 

Similarly, although it is not in order to perfect or reinsert language which 

has been stricken, an amendment may be offered to insert new language if 

it is germane to the bill and not identical to the language stricken. Deschler 

Ch 27 § 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 § 31.14. 

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

The adoption of an amendment in the nature of a substitute ends the 

amendment stage; and further amendment is not in order, including pro 

forma amendments for debate. Deschler Ch 27 §§ 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 § 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 

§ 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 § 32.8. When the substitute is agreed to, the question 

recurs immediately on the amendment as amended by the substitute, and 

further perfecting amendments to the amendment (including pro forma 

amendments) are not then in order. Deschler Ch 27 § 32.22. 

55 

CHAPTER 2—AMENDMENTS § 42 

§ 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 §§ 33.1-33.3; Manual § 455. However, an amendment inserted following the figure agreed upon and providing funds ‘‘in addition thereto’’ 

is in order. Deschler Ch 27 § 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 § 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 § 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 § 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 § 33.7 (note); § 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 § 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 § 29.47. 

Although it may be in order to offer an amendment to the pending portion of the bill that changes not only a provision already amended but also 

an unamended pending portion of the bill, it is not in order merely to amend 

a figure already amended. Even if the amendment also changes other matter 

not already amended (including where it is drafted to address figures as 

though the earlier amendment had not been adopted), it is still out of order. 

Manual § 469. 

Members have offered ‘‘fetch-back’’ amendments to appropriation bills, 

which are new paragraphs inserted to change amounts contained in previous 

paragraphs. ‘‘Fetch-back’’ amendments may be in order as long as the 

amendment is germane to the portion of the bill to which offered and 

amounts only to a reduction of funds contained in previous paragraphs. See, 

e.g., 106-1, Aug. 5, 1999, pp 20143, 20144. However, a ‘‘fetch-back’’ 

amendment increasing an amount contained in a prior paragraph must be 

56 

§ 43 HOUSE PRACTICE

supported by an authorization. Such support is necessary because the precedents that admit a germane perfecting amendment to an unauthorized item 

permitted to remain deal with actual changes in the figure permitted to remain and not with the insertion of new matter beyond that permitted to remain. Manual § 1058; see APPROPRIATIONS. 

§ 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 § 34.1. For example, unless otherwise restricted by a special order of business governing consideration of 

a measure (Manual § 993), the Committee of the Whole may by unanimous 

consent: 

0 Permit Members to offer amendments to change an amended figure in an 

appropriation bill. Deschler Ch 27 § 34.7. 

0 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. 

0 Permit a modification of an amendment by its proponent. Manual § 993. 

0 Permit a page reference to be included in a designated printed amendment 

made in order under a special order of business where the printed 

amendment did not include that reference. Manual § 993. 

In one instance, the Committee of the Whole by unanimous consent vacated the proceedings whereby it had agreed to an amendment, agreed to 

an amendment to that amendment, and then adopted the original amendment 

as amended. Deschler Ch 27 § 34.2. 

§ 44. Amendments Previously Considered and Rejected 

Generally 

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

the same question by the use of different language may be admissible. 

Deschler Ch 27 § 35. An amendment similar but not identical to one previously rejected may be considered if a substantive change has been made. 

Deschler Ch 27 §§ 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 § 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 

§§ 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 

57 

CHAPTER 2—AMENDMENTS § 45 

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 § 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 § 35.7. 

A motion offered as a substitute for an amendment and rejected may 

be offered again as a separate amendment. Deschler Ch 27 § 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 § 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 § 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 § 35.22. However, a motion to strike that language and insert a new provision is in order. Deschler 

Ch 27 § 35.23. Conversely, if the motion to strike and insert is rejected, the 

simple motion to strike is in order. Deschler Ch 27 § 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 § 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 § 33.16. 

G. House Consideration of Amendments Reported From the 

Committee of the Whole 

§ 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 

58 

§ 45 HOUSE PRACTICE

them, and are subject to amendment in the House unless the previous question is ordered. 4 Hinds §§ 4871, 4881; 8 Cannon § 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 § 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 

§ 4904; Deschler Ch 27 § 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 §§ 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 § 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 § 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 §§ 4893, 4894; 8 Cannon § 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. 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 § 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 § 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 

59 

CHAPTER 2—AMENDMENTS § 45 

that has been agreed to in the Committee absent a special order of business 

providing to the contrary. Deschler Ch 27 § 36. 

A special order of business may, of course, provide for separate votes 

on second-degree amendments. Deschler Ch 27 § 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 § 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 § 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 

§ 36.14. A Member must demand the separate vote before the question is 

taken on the substitute. Deschler Ch 27 § 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 § 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 § 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 § 36.28. However, another amendment separately 

considered in Committee may not be voted on with the en bloc amendments 

in the House (absent unanimous consent). Deschler Ch 27 § 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 Committee or in which demanded in the House. Manual 

§ 337; Deschler Ch 27 §§ 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 

60 

§ 46 HOUSE PRACTICE

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 § 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 § 37.6. 

§ 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 

§ 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 § 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 § 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 §§ 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 (§ 45, supra), under 

such a rule all amendments adopted in Committee to the amendment are reported to the House regardless of their inconsistency. The House may retain 

a section as 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 § 38.11 

(note). 

§ 47. Motions to Recommit with Instructions Pertaining to 

Amendments 

The House may recommit a bill to committee with instructions to report 

it back ‘‘forthwith’’ with an amendment. 5 Hinds § 5545. In such cases the 

61 

CHAPTER 2—AMENDMENTS § 48 

chair of the committee reports the amendment at once without awaiting 

committee action. 5 Hinds §§ 5545-5547. Instructions to report ‘‘forthwith’’ 

accompanying a motion to recommit must be complied with immediately. 

Manual § 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 § 1002b; 5 Hinds §§ 5529- 

5541; 8 Cannon §§ 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 §§ 2720, 

2721, 2740; Deschler Ch 27 § 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 § 35.27. 

H. Amendments to Titles and Preambles 

§ 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 § 9.4; 

Deschler Ch 27 § 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 § 922; Deschler Ch 27 § 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 § 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 

62 

§ 48 HOUSE PRACTICE

body of the resolution. Deschler Ch 27 §§ 19.7, 19.8; Manual § 414. In the 

House an amendment to the preamble of a joint resolution reported from 

Committee of the Whole is considered following engrossment and before the 

third reading of the resolution. 4 Hinds § 3414; Deschler Ch 27 § 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 § 1064; Deschler Ch 27 §§ 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 § 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. 

63 

Chapter 3 

Appeals 

§ 1. In General; Forms 

§ 2. When in Order 

§ 3. When Not in Order 

§ 4. Debate on Appeal 

§ 5. Motions 

§ 6. Withdrawal 

§ 7. Effect of Adjournment 

Research References 

5 Hinds §§ 6877, 6938-6952 

8 Cannon §§ 3435, 3452-3458 

Deschler-Brown Ch 31 § 13 

Manual §§ 379, 627-629, 641, 884, 902, 903 

§ 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 §§ 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 § 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. §§ 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 § 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 § 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 § 4569; 5 

Hinds § 6957. The Chair may vote to make or break a tie and may cast a 

64 

§ 2 HOUSE PRACTICE

vote in favor of the decision. 4 Hinds § 4569; 5 Hinds §§ 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 § 13.2. 

§ 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: 

0 The priority of business. 5 Hinds § 6952. 

0 Whether a certain resolution gives rise to a question of privilege. Manual 

§ 713. 

0 The propriety of an exhibit. Manual § 622. 

0 Whether a Member has engaged in personalities in debate. Manual § 622. 

An appeal may also be taken from the ruling of the chair of the Committee of the Whole on a question of order. Manual § 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 § 13.7; 105-1, 

Sept. 25, 1997, 20181. 

An appeal is in order during a call of the House. 6 Cannon § 681. 

§ 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: 

0 Chair’s decision on recognition. 2 Hinds §§ 1425-1428; 8 Cannon §§ 2429, 

2646, 2762. 

0 Chair’s decision on dilatoriness of motions. 5 Hinds § 5731. 

0 Chair’s count of the number rising to demand tellers, a recorded vote, or 

the yeas and nays. Manual § 629; 8 Cannon § 3105. 

0 Chair’s call of a voice vote. Manual § 629. 

0 Chair’s refusal to recapitulate a vote. 8 Cannon § 3128. 

0 Chair’s count of a quorum. Manual § 629. 

0 Chair’s determination that a Member’s time in debate has expired. Manual 

§ 629. 

0 Chair’s response to a parliamentary inquiry. 5 Hinds § 6955; 8 Cannon 

§ 3457. 

0 Chair’s announcement of an adjustment to the whole number of the House. 

Clause 5(d) of rule XX. 

65 

CHAPTER 3—APPEALS § 4 

0 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 § 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. DeschlerBrown Ch 31 § 13.5. 

Untimely or Dilatory Appeals 

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

not in order: 

0 While another appeal is pending. 5 Hinds §§ 6939-6941. 

0 On a question on which an appeal has just been decided. 4 Hinds § 3036; 

5 Hinds § 6877. 

0 During a call of the yeas and nays. 5 Hinds § 6051. 

0 Between the motion to adjourn and vote thereon. 5 Hinds § 5361. 

§ 4. Debate on Appeal 

Appeals are customarily subject to debate, both in the House and the 

Committee of the Whole (8 Cannon §§ 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 § 6952) or on a ruling as to the relevancy 

of debate (5 Hinds §§ 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 § 629. Debate on an appeal in the Committee 

of the Whole is under the five-minute rule and may be closed by motion 

to close debate or to rise and report. 5 Hinds §§ 6947, 6950; 8 Cannon 

§§ 2347, 3453-3455. 

66 

§ 5 HOUSE PRACTICE

Members may speak but once on appeal, unless by permission of the 

House, the Chair alternating between those favoring and those opposing. 

Manual § 627; 8 Cannon § 3455. 

It is not in order in debating an appeal to discuss the merits of the proposition under consideration at the time the decision was made. 5 Hinds 

§ 5055. 

§ 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 § 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 § 13.16. An appeal in Committee 

of the Whole may not be laid on the table, because that motion does not 

lie in the Committee. 4 Hinds § 4719. 

Other motions that may be offered pending an appeal include: 

0 A motion to postpone the appeal to a day certain (where underlying matter 

was postponed). 8 Cannon § 2613. 

0 A motion for the previous question (in the House). 5 Hinds § 6947. 

0 A motion to close or limit debate (in the Committee of the Whole). 5 

Hinds §§ 6947, 6950. 

0 A motion that the Committee rise and report to the House. 8 Cannon 

§ 3453. 

§ 6. Withdrawal 

An appeal may be withdrawn at any time before action thereon by the 

House. 5 Hinds § 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 

§ 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 § 5354. 

§ 7. Effect of Adjournment 

An appeal pending at adjournment ordinarily comes up for consideration on the next legislative day. 5 Hinds § 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 

67 

CHAPTER 3—APPEALS § 7 

Private Calendar is still in order, the appeal comes up as unfinished business. 97-1, Nov. 17, 1981, pp 27772, 27773. 

69 

Chapter 4 

Appropriations 

I. Introductory 

§ 1. In General; Constitutional Background 

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

§ 3. Definitions; Kinds of Appropriation Measures 

§ 4. Committee and Administrative Expenses 

§ 5. Authorization, Appropriation, and Budget Processes Distinguished 

II. General Appropriation Bills 

A. INTRODUCTORY

§ 6. Background; What Constitutes a General Appropriation Bill 

§ 7. The Restrictions of Clause 2 of Rule XXI 

§ 8. Committee Jurisdiction and Functions 

§ 9. Duration of Appropriation 

B. AUTHORIZATION OF APPROPRIATION

§ 10. In General; Necessity of Authorization 

§ 11. Duration of Authorization 

§ 12. Sufficiency of Authorization 

§ 13. Proof of Authorization; Burden of Proof 

§ 14. Increasing Budget Authority 

C. AUTHORIZATION FOR PARTICULAR PURPOSES OR PROGRAMS

§ 15. In General 

§ 16. Agricultural Programs 

§ 17. Programs Relating to Business or Commerce 

§ 18. Defense Programs 

§ 19. Funding for the District of Columbia 

§ 20. Interior or Environmental Programs 

§ 21. Programs Relating to Foreign Affairs 

§ 22. Legislative Branch Funding 

§ 23. Salaries and Related Benefits 

70 

HOUSE PRACTICE

D. AUTHORIZATION FOR PUBLIC WORKS

§ 24. In General 

§ 25. Works in Progress 

§ 26. — What Constitutes a Work in Progress 

III. Legislation in General Appropriation Bills; Provisions 

Changing Existing Law 

A. GENERALLY

§ 27. The Restrictions of Clause 2 of Rule XXI 

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

Waivers 

§ 29. Imposing Contingencies and Conditions 

§ 30. — Conditions Requiring Reports to, or Action by, Congress 

§ 31. — Conditions Imposing Additional Duties 

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

§ 33. Particular Propositions as Legislation 

B. CHANGING PRESCRIBED FUNDING

§ 34. In General 

§ 35. Affecting Funds in Other Acts 

§ 36. Transfer of Funds— Within Same Bill 

§ 37. — Transfer of Previously Appropriated Funds 

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

§ 39. Funds ‘‘To Remain Available Until Expended’’ 

§ 40. Reimbursements of Appropriated Funds 

C. CHANGING EXECUTIVE DUTIES OR AUTHORITY

§ 41. In General; Requiring Duties or Determinations 

§ 42. Burden of Proof 

§ 43. Altering Executive Authority or Discretion 

§ 44. Mandating Studies or Investigations 

§ 45. Granting or Changing Contract Authority 

D. THE HOLMAN RULE; RETRENCHMENTS

§ 46. In General; Retrenchment of Expenditures 

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

§ 48. Reporting Retrenchment Provisions 

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CHAPTER 4—APPROPRIATIONS

§ 49. Floor Consideration; Who May Offer 

IV. Limitations on General Appropriation Bills 

§ 50. In General; When in Order 

§ 51. Limitations on Amount Appropriated 

§ 52. Limitations on Particular Uses 

§ 53. Interference with Executive Discretion 

§ 54. Imposing Duties or Requiring Determinations 

§ 55. — Duties Relating to Construction or Implementation of Law 

§ 56. Conditional Limitations 

§ 57. Exceptions to Limitations 

§ 58. Limitations as to Recipients of Funds 

§ 59. Limitations on Funds in Other Acts 

§ 59a. Funding Floors 

V. Reappropriations 

§ 60. In General 

VI. Reporting; Consideration and Debate 

A. GENERALLY

§ 61. Privileged Status; Voting 

§ 62. When Bills May Be Considered 

§ 63. Debate; Consideration of Amendments; Perfecting Amendments; 

En Bloc Amendments 

§ 64. — Limitation Amendments; Retrenchments 

§ 65. Points of Order— Reserving Points of Order 

§ 66. — Timeliness 

§ 67. — Points of Order Against Particular Provisions 

§ 68. — Waiving Points of Order 

§ 69. Amending Language Permitted to Remain 

B. SENATE AMENDMENTS

§ 70. In General 

§ 71. Authority of Conference Managers 

VII. Other Appropriation Measures 

§ 72. In General; Continuing Appropriations 

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§ 1 HOUSE PRACTICE

§ 73. Supplemental Appropriations 

§ 74. Appropriations for a Single Agency 

§ 75. Consideration of Other Appropriation Measures 

VIII. Appropriations in Legislative Bills 

§ 76. In General 

§ 77. What Constitutes an Appropriation in a Legislative Bill 

§ 78. Points of Order; Timeliness 

§ 79. — Directing Points of Order Against Objectionable Language 

Research References 

U.S. Const. art. I, §§ 7, 9 

4 Hinds §§ 3553-4018 

7 Cannon §§ 1116-1720 

Deschler Chs 25, 26 

Manual §§ 143, 716, 717, 747, 853, 1035-1065, 1127, 1130(6A) 

I. Introductory 

§ 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 § 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). 

§ 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: 

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CHAPTER 4—APPROPRIATIONS § 3 

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 § 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 §§ 20.2, 20.3. In 

1962, when the Senate passed a joint resolution continuing funds for the Department of Agriculture, the House passed a resolution declaring that the 

Senate’s action violated article I, section 7 of the Constitution and was an 

infringement of the privileges of the House. Deschler Ch 13 § 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. 

§ 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 § 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 § 4.43. 

Types of Appropriation Acts 

The principal types of appropriation Acts are general, supplemental, 

special, and continuing. 

0 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 § 6, infra. 

0 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 § 73, infra. 

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§ 4 HOUSE PRACTICE

0 A special appropriation provides funds for one government agency, program, or project. See § 74, infra. 

0 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 § 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 § 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 § 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 §§ 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: Ml. Speaker, by direction of the Committee on Appropriations, I submit a privileged report for printing 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 § 65, infra. 

§ 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 § 763; see generally COMMITTEES. 

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CHAPTER 4—APPROPRIATIONS § 5 

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 § 724. A resolution 

reported by that committee providing for such an expenditure is 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. Deschler Ch 17 § 4. 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, p ll). 

§ 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 § 2.1. 

As a general rule, these two stages should be kept separate. With certain exceptions, authorization bills should not contain appropriations (§ 76, 

infra), and, again with certain exceptions, appropriation bills should not contain authorizations (§ 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 

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§ 6 HOUSE PRACTICE

provided in basic law. See § 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 § 1045. 

II. General Appropriation Bills 

A. Introductory 

§ 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: 

0 Agriculture, Rural Development, Food and Drug Administration, and related agencies. 

0 Commerce, Justice, Science, and related agencies. 

0 Defense. 

0 Energy and Water Development. 

0 Financial Services and General Government. 

0 Homeland Security. 

0 Interior, Environment, and related agencies. 

0 Labor-Health and Human Services-Education, and related agencies. 

0 Legislative Branch. 

0 Military Construction, Veterans Affairs, and related agencies. 

0 State, Foreign Operations, and related agencies. 

0 Transportation, Housing and Urban Development, and related agencies. 

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CHAPTER 4—APPROPRIATIONS § 7 

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 § 1044; Deschler Ch 26 § 1.1; § 27, infra. In the 

House the 12 regular appropriation bills and measures providing supplemental appropriations to two or more agencies are general appropriation 

bills. Deschler Ch 25 § 6; Deschler Ch 26 § 1.3. 

Measures that have been held not to constitute a general appropriation 

bill include: 

0 A joint resolution continuing appropriations for government agencies pending enactment of the regular appropriation bills. Deschler Ch 26 § 1.2. 

0 A joint resolution making supplemental appropriations for one agency. 

Deschler Ch 25 § 7.4. 

0 A joint resolution making an appropriation to a department for a specific 

purpose. Deschler Ch 25 § 7.3. 

0 A bill providing appropriations for specific purposes. 8 Cannon § 2285. 

0 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 § 1044. 

0 A joint resolution reported from the Committee on Appropriations transferring appropriated funds from one agency to another. Manual § 1044. 

0 A joint resolution transferring unobligated balances to the President to be 

available for specified purposes but containing no new budget authority. 

Manual § 1044. 

0 A bill making supplemental appropriation for emergency construction of 

public works. 7 Cannon § 1122. 

§ 7. The Restrictions of Clause 2 of Rule XXI 

Generally 

Clause 2 of rule XXI contains two restrictions relative to appropriation 

bills: it (1) prohibits the inclusion in general appropriation bills of ‘‘unauthorized’’ appropriations, except for works in progress, and (2) prohibits 

provisions ‘‘changing existing law’’—usually referred to as ‘‘legislation on 

an appropriation bill’’—except for provisions that retrench expenditures 

under certain conditions, and except for rescissions of amounts provided in 

appropriation Acts reported by the Committee on Appropriations. Manual 

§§ 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 auVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00087 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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thorization 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 § 1; see also § 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 §§ 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 § 1044; 4 Hinds § 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 § 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 § 68, infra. 

§ 8. Committee Jurisdiction and Functions 

Generally 

Today, under clause 1(b) of rule X the Committee on Appropriations 

has jurisdiction over all appropriations, including general appropriation bills. 

Manual § 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 § 717. For a discussion of impoundments generally, see 

BUDGET PROCESS. 

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 § 716. 

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CHAPTER 4—APPROPRIATIONS § 9 

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 § 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 § 1044. Clause 2(f) of 

rule XIII further requires that such reports contain a list of appropriations 

in the bill for expenditures not previously authorized by law. 

§ 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 § 1301. 

The fiscal year for the Federal government begins on October 1 and 

ends on September 30. The fiscal year is designated by the calendar year 

in which it ends. 

Multi-year Appropriations 

A multi-year appropriation is made when budget authority is provided 

in an appropriations Act that is available for a specified period of time in 

excess of one fiscal year. 

Permanent Appropriations 

A permanent appropriation is budget authority that becomes available 

as the result of previously enacted legislation and that does not require curVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00089 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 10 HOUSE PRACTICE

rent action by Congress. Examples include the appropriations for compensation of Members of Congress and the various trust funds for which the 

obligational authority is already provided in basic law. Pub. L. 97-51, 

§ 130(c); S. Doc. 105-18. 

B. Authorization of Appropriation 

§ 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 § 1036. The House may, however, waive this rule. See §§ 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 § 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 § 2. Likewise an appropriation 

will not be permitted that is conditioned on a future authorization. Deschler 

Ch 26 §§ 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 § 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 § 2.21. 

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 § 2. 

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CHAPTER 4—APPROPRIATIONS § 12 

§ 11. Duration of Authorization 

Generally; Renewals 

Until recent years, many authorizations were permanent, being provided 

for by the organic statute that created the agency or program. Such statutes 

often include provisions to the effect that there are hereby authorized to be 

appropriated ‘‘hereafter’’ such sums ‘‘as may be necessary’’ or ‘‘as approved by Congress,’’ to implement the law, thereby requiring the appropriate budget authority to be enacted each year in accordance with this permanent authorization. See, e.g., Deschler Ch 26 § 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 § 755. 

§ 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 § 1036. Statutory 

authority for the appropriation must exist. Deschler Ch 25 § 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 

§ 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 § 3587; Deschler 

Ch 26 § 17.9. Sufficient authorization also may be found in legislation contained in a previous appropriation Act that has become permanent law. 

Deschler Ch 25 § 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 

82 

§ 12 HOUSE PRACTICE

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 § 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 § 1045. 

Similarly, a permanent law authorizing the President to appoint certain 

staff, together with legislative provisions authorizing additional employment 

contained in an appropriation bill enacted for that fiscal year, constituted 

sufficient authorization for a lump-sum supplemental appropriation for the 

White House for the same fiscal year. Deschler Ch 25 § 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 § 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 § 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 § 49.2 (note). 

Effect of Prior Unauthorized Appropriations 

An appropriation for an object unauthorized by law, however frequently 

made in former years, does not warrant similar appropriations in succeeding 

years, unless the program in question is such as to fall into the category 

of a continuation of work in progress, or unless authorizing legislation in 

a previous appropriation Act has become permanent law. Manual §§ 1036, 

1045; 7 Cannon § 1150; § 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 § 2.10. An amendment proposing appropriations for incidental expenses that contribute to the 

83 

CHAPTER 4—APPROPRIATIONS § 13 

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 § 7.15. For example, appropriations for certain travel 

expenses for the Secretary of the Department of Agriculture were held authorized by law as necessary to carry out the basic law setting up that department. Deschler Ch 25 § 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 § 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 § 1452. Such a limitation also may be ruled out on 

the ground that it is ‘‘legislation’’ on an appropriation bill. See § 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 § 2.2. 

§ 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 § 3597; 7 Cannon 

§§ 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 

§ 9.5; Deschler Ch 26 § 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 § 9.6; see also § 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 § 1044; 

Deschler Ch 26 §§ 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 § 1044a. 

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§ 14 HOUSE PRACTICE

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 §§ 10.2, 10.3. 

§ 14. Increasing Budget Authority 

Increases within Authorized Limits 

Authorizing legislation may place a ceiling on the amount of budget authority that can be appropriated for a program or may authorize the appropriation of ‘‘such sums as are necessary.’’ Absent restrictions imposed by 

the budget process, it is in order to increase the appropriation in an appropriation bill for a purpose authorized by law if such increase does not exceed the amount authorized for that purpose. Deschler Ch 25 §§ 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 § 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 

§ 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 § 11.16. 

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 § 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: 

0 An amendment proposing an increase in the amount of an appropriation authorized by law for compensation of Members of the House. Deschler 

Ch 26 § 21.2. 

0 A provision increasing the loan authorization for the rural telephone program above the amount authorized for that purpose. Deschler Ch 26 

§ 33.3. 

85 

CHAPTER 4—APPROPRIATIONS § 15 

0 A provision providing funds for the Joint Committee on Defense Production in excess of the amount authorized by law. Deschler Ch 26 § 21.5. 

0 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. 

0 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 § 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 § 33.2. 

C. Authorization for Particular Purposes or Programs 

§ 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 clauses 2(b) or 2(c). Provisions that have been ruled out as unauthorized 

under clause 2 of rule XXI include: 

0 Appropriations for fiscal year 1979 for the Department of Justice and its 

related agencies. Deschler Ch 26 § 18.3. 

0 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 § 18.1. 

0 An appropriation for Coast Guard acquisitions, construction, research, development, and evaluation. 95-1, June 8, 1977, pp 17945, 17946. 

0 An appropriation for the U.S. Customs Service air interdiction program. 98- 

2, June 21, 1984, pp 17693, 17694. 

0 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. 

0 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 § 20.19. 

0 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 § 20.1. 

86 

§ 16 HOUSE PRACTICE

0 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 § 20.6. 

0 An appropriation for the American Revolution Bicentennial Commission. 

91-2, May 19, 1970, p 16165. 

0 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. 

0 An appropriation for the President to meet ‘‘unanticipated needs.’’ Manual 

§ 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. 

§ 16. Agricultural Programs 

Held Authorized by Existing Law 

0 An appropriation to be used to increase domestic consumption of farm 

commodities. Deschler Ch 26 § 11.1. 

0 Appropriations for cooperative range improvements (including construction, 

maintenance, control of rodents, and eradication of noxious plants in national forests). Deschler Ch 26 § 11.3. 

0 An appropriation to enable the Secretary of Agriculture to carry out the 

provisions of the National School Lunch Act of 1946. Deschler Ch 26 

§ 11.5. 

0 Appropriations for the acquisition and diffusion of information by the Department of Agriculture. 4 Hinds § 3649; Deschler Ch 26 § 11.10. 

0 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 § 11.11. 

0 An appropriation for the purchase and installation of weather instruments 

and the construction or repair of buildings of the Weather Bureau. 

Deschler Ch 26 § 11.16. 

Ruled Out as Unauthorized 

0 An appropriation for a celebration of the centennial of the establishment 

of the Department of Agriculture. Deschler Ch 26 § 11.2. 

0 A provision providing for the organization of a new bureau to conduct investigations relating to agriculture. 4 Hinds § 3651. 

0 A provision providing for cooperation by and with State agriculture investigators. 4 Hinds § 3650; 7 Cannon §§ 1301, 1302. 

0 An appropriation to collect, compile, and analyze data relating to consumer 

expenditures and savings. Deschler Ch 26 § 11.7. 

87 

CHAPTER 4—APPROPRIATIONS § 18 

0 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 § 11.9. 

0 A provision for the refund of certain penalties to wheat producers. Deschler 

Ch 26 § 11.6. 

0 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. 

0 An appropriation for the control of certain crop diseases or infestations. 

Deschler Ch 26 §§ 11.12, 11.13. 

§ 17. Programs Relating to Business or Commerce 

Held Authorized by Existing Law 

0 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 § 12.1. 

0 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 § 12.6. 

Ruled Out as Unauthorized 

0 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 § 12.2. 

0 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 

§ 12.4. 

0 An appropriation for travel in privately owned automobiles by employees 

engaged in the maintenance and operation of remotely controlled airnavigation facilities. Deschler Ch 26 § 12.5. 

0 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 § 12.9. 

§ 18. Defense Programs 

Held Authorized by Existing Law 

0 An appropriation for paving of streets and erection of warehouses incident 

to the establishment of a naval station. 7 Cannon § 1232. 

0 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 § 13.3. 

88 

§ 19 HOUSE PRACTICE

Ruled Out as Unauthorized 

0 An appropriation for transportation of successful candidates to the Naval 

Academy. 7 Cannon § 1234. 

0 An appropriation for establishment of shooting ranges and purchase of 

prizes and trophies. 7 Cannon § 1242. 

0 An appropriation for the construction and improvement of barracks for enlisted men and quarters for noncommissioned officers of the Army. 

Deschler Ch 26 § 13.5. 

0 An amendment striking funds for a nuclear aircraft carrier program and inserting funds for a conventional-powered aircraft carrier program. Deschler Ch 26 § 13.6. 

0 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. 

0 An appropriation for Veterans’ Administration expenses for the issuance of 

memorial certificates to families of deceased veterans. Deschler Ch 26 

§ 13.1. 

§ 19. Funding for the District of Columbia 

Held Authorized Under Existing Law 

0 An appropriation for opening, widening, or extending streets and highways 

in the District of Columbia. 7 Cannon § 1189. 

0 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 §§ 11.15, 14.7. 

0 An appropriation for expenses of keeping school playgrounds open during 

the summer months. Deschler Ch 26 § 14.5. 

0 An appropriation for the preparation of plans and specifications for a 

branch library building in the District of Columbia. Deschler Ch 26 

§ 14.13. 

Ruled Out as Unauthorized 

0 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 § 19.2. 

0 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 § 14.1. 

0 An appropriation for the preparation of plans and specifications for a new 

main library building in the District of Columbia. Deschler Ch 26 

§ 14.12. 

0 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 § 14.14. 

89 

CHAPTER 4—APPROPRIATIONS § 20 

0 A provision permitting the Commissioners of the District of Columbia to 

purchase a municipal asphalt plant. Deschler Ch 26 § 14.19. 

0 An amendment making funds available for expenditure by the American 

Legion in connection with its national convention. Deschler Ch 26 

§ 14.3. 

0 An appropriation to reimburse certain District of Columbia officials for 

services and expenses. 7 Cannon § 1184. 

§ 20. Interior or Environmental Programs 

Held Authorized Under Existing Law 

0 An appropriation for suppression of liquor or peyote traffic among Indians. 

7 Cannon §§ 1210, 1212. 

0 An appropriation for the examination of mineral resources of the national 

domain. 7 Cannon § 1222. 

0 An appropriation for the development of an educational program of the National Park Service. Deschler Ch 26 § 15.17. 

0 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 § 15.26. 

0 Appropriations for irrigation projects that had been recommended by the 

Secretary of the Interior and approved by the President. Deschler Ch 26 

§ 15.30. 

Ruled Out as Unauthorized 

0 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 § 15.1. 

0 An appropriation to the EPA to establish an independent review board to 

review the priorities of the agency. Deschler Ch 26 § 15.2. 

0 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 § 15.9. 

0 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 

§ 15.12. 

0 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 § 15.28. 

0 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 § 15.5. 

0 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 § 15.7. 

90 

§ 21 HOUSE PRACTICE

§ 21. Programs Relating to Foreign Affairs 

Held Authorized by Existing Law 

0 An appropriation for transportation and subsistence of diplomatic and consular officers en route to and from their posts. 7 Cannon § 1251. 

0 A provision earmarking an amount for a contribution to the International 

Secretariat on Middle Level Manpower. Deschler Ch 26 § 17.2. 

0 An appropriation for the obligation assumed by the United States in accepting membership in the International Labor Organization. Deschler Ch 26 

§ 17.3. 

0 An amendment providing funds for a health exhibit at the Universal and 

International Exhibition of Brussels. Deschler Ch 26 § 17.6. 

0 An appropriation for commercial attache ́s to be appointed by the Secretary 

of Commerce. 7 Cannon § 1257. 

0 An appropriation to compensate the owners of certain vessels seized by Ecuador. Deschler Ch 26 § 17.1. 

Ruled Out as Unauthorized 

0 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 § 17.7. 

0 Appropriations for incidental and contingent expenses in the consular and 

diplomatic service. 4 Hinds § 3609. 

0 An appropriation for the Foreign Service Auxiliary. Deschler Ch 26 

§ 17.14. 

0 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 § 17.17. 

0 An amendment providing funds for acquisition of sites and buildings for 

embassies in foreign countries. 4 Hinds § 3606. 

§ 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 § 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 § 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 §§ 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. 

91 

CHAPTER 4—APPROPRIATIONS § 23 

Held Authorized 

0 Funds for employment of counsel to represent Members and to appear in 

court officially. 7 Cannon § 1311. 

0 Funds for expenses incurred in contested election cases when properly certified. 7 Cannon § 1231. 

0 Salaries for certain House employees. 91-1, Aug. 5, 1969, p 22197. 

0 An increase in the salary of an officer of the House. 89-2, Sept. 8, 1966, 

p 22020. 

0 The salary of the Chief of Staff of the Joint Committee on Internal Revenue Taxation. 92-2, Oct. 4, 1972, p 33744. 

0 Salary adjustments for certain House employees. 92-2, Jan. 27, 1972, p 

1531. 

0 Overtime compensation for employees of the Publications Distribution 

Service (Folding Room). 92-2, Mar. 2, 1972, p 6627. 

0 Costs of stenographic services and transcripts in connection with a meeting 

or hearing of a committee. Manual § 789. 

0 Certain costs associated with the organizational meeting of the Democratic 

Caucus or Republican Conference. Manual § 1126. 

0 The transfer of surplus prior-year funds to liquidate certain current obligations of the House. Deschler Ch 25 § 5.3. 

Ruled Out as Unauthorized 

0 An increase in the total amount for salaries of Members beyond that authorized. Deschler Ch 26 § 21.2. 

0 An allowance payable to the attending physician of the Capitol. 86-2, May 

17, 1960, p 10447. 

0 Funds for a parking lot for the use of Members and employees of Congress. Deschler Ch 26 § 20.3. 

0 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 § 20.2. 

§ 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 §§ 3664-3667, 3676-3679; Deschler Ch 

26 § 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 

§§ 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 § 2.20. 

92 

§ 24 HOUSE PRACTICE

Ruled Out as Unauthorized 

0 Funds for necessary expenses for a designated number of officers on the 

active list of an agency. 98-2, May 31, 1984, p 14590. 

0 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. 

0 Funds for salaries and expenses of additional inspectors in the U.S. Customs Service. 98-2, Aug. 1, 1984, pp 21904, 21905. 

0 A salary of $10,000 per year for the wife of the President for maintaining 

the White House. Deschler Ch 26 § 20.13. 

D. Authorization for Public Works 

§ 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 § 19.13; see § 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 §§ 3583, 3584, 3598; 7 Cannon 

§ 1133. 

Held Authorized by Existing Law 

0 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 § 19.4. 

0 An amendment proposing to increase a lump-sum appropriation for river 

and harbor projects. Deschler Ch 26 § 19.6. 

0 An appropriation for the Tennessee-Tombigbee inland waterway. Deschler 

Ch 26 § 19.9. 

0 An appropriation for construction of transmission lines from Grand Coulee 

Dam to Spokane. Deschler Ch 25 § 19.11. 

Ruled Out as Unauthorized 

0 Language providing an additional amount for construction of certain public 

buildings. Deschler Ch 26 § 19.1. 

0 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 § 19.2. 

0 An appropriation for construction of a connecting highway between the 

United States and Alaska. Deschler Ch 26 § 19.5. 

93 

CHAPTER 4—APPROPRIATIONS § 25 

0 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 § 19.8. 

0 A provision appropriating certain trust funds for expenses relating to forest 

roads and trails. Deschler Ch 26 § 28.2. 

§ 25. Works in Progress 

Clause 2(a) of rule XXI, the rule that bars appropriations not previously 

authorized by law, provides for an exception for appropriations for ‘‘public 

works and objects that are already in progress.’’ Manual § 1036. Thus, when 

the construction of a public building has commenced and there is no limit 

of cost, further appropriations may be made under the exception for works 

in progress. Deschler Ch 26 § 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 § 1340; Deschler Ch 26 § 8.2. 

Historically, the works-in-progress exception has been applied only to 

projects funded from the general fund of the Treasury for which no authorization has been enacted. It does not apply to language changing existing 

law by extending the authorized availability of funds or in contravention of 

law restricting use of a special fund. An appropriation for construction that 

is in violation of existing law, which exceeds the limit fixed by law, or is 

governed by a lapsed authorization is not permitted under the works-inprogress exception of rule XXI. Manual § 1048; 4 Hinds §§ 3587, 3702; 7 

Cannon § 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 § 1333. The work in question, to qualify under 

the rule, must have moved beyond the planning stage. 7 Cannon § 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 § 3706; Deschler Ch 26 § 8.5. Merely selecting or 

purchasing a site for the construction of a building is not sufficient. 4 Hinds 

§§ 3762, 3785. However, the fact that the work has been interrupted—even 

for several years—does not prevent it from qualifying under the works-inprogress exception of clause 2(a). 4 Hinds §§ 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 § 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 

§ 8.2. News articles merely suggesting that work may have begun have been 

94 

§ 26 HOUSE PRACTICE

regarded as insufficient evidence that work is in progress within the meaning of the rule. Deschler Ch 26 § 8.7. 

§ 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 §§ 3714, 3715; see also Deschler Ch 26 § 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 §§ 3714, 3715, 3719. The term does not extend to the ordinary duties 

of an executive or administrative office. 4 Hinds §§ 3709, 3713. 

Appropriations for extension or repair of an existing road (4 Hinds 

§§ 3793, 3798), bridge (4 Hinds § 3803), or public building have been admitted as in continuation of a work (4 Hinds §§ 3777, 3778), although it 

is not in order as such to provide for a new building in place of one destroyed (4 Hinds § 3606). The purchase of adjoining land for a work already 

established has been admitted under this principle (4 Hinds §§ 3766-3773), 

as well as additions to or extensions of existing public buildings (4 Hinds 

§§ 3774, 3775). However, the purchase of a separate and detached lot of 

land is not admitted. 4 Hinds § 3776. 

Appropriations for new buildings as additional structures at government 

institutions have sometimes been admitted (4 Hinds §§ 3741-3750), but 

propositions to appropriate for new buildings that were not necessary adjuncts to the institution have been ruled out (4 Hinds §§ 3755-3759). 

Projects that have qualified as a work in progress under clause 2(a) of 

rule XXI include: 

0 A topographical survey. 7 Cannon § 1382. 

0 The continuation of construction at the Kennedy Library, a project owned 

by the United States and funded by a prior year’s appropriation. Manual 

§ 1049. 

0 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: 

0 New Army hospitals. 4 Hinds § 3740. 

0 A new lighthouse. 4 Hinds § 3728. 

0 An extension of an existing road. Manual § 1049. 

95 

CHAPTER 4—APPROPRIATIONS § 27 

III. Legislation in General Appropriation Bills; Provisions 

Changing Existing Law 

A. Generally 

§ 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 § 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 § 1038; see § 46, infra. 

Language changing existing law in violation of rule XXI often is referred to as ‘‘legislation on an appropriation bill.’’ Deschler Ch 26 § 1. 

What ‘‘legislation’’ means in this context is a change in an existing law that 

governs how appropriations may be used. 

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 § 67, infra. Such a point of order may be waived pursuant to various 

procedural devices. See § 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 

§ 1044. 

96 

§ 28 HOUSE PRACTICE

Construction of Rule 

The rule that forbids language in a general appropriation bill that 

changes existing law is broadly construed. Deschler Ch 26 § 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 (§ 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 § 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 § 1054. 

Under clause 2(c) of rule XXI, the restriction against changing existing 

law applies specifically to amendments to general appropriation bills. Manual § 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 § 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 § 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 rebuttal by the committee. Deschler Ch 26 § 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 § 1044a; Deschler 

Ch 26 § 22.29; see also § 13, supra. 

§ 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: 

0 A change in the text of existing law. Deschler Ch 26 §§ 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 §§ 3414, 3817; 7 Cannon 

§§ 1391, 1394. 

0 The enactment of law where none exists. 

97 

CHAPTER 4—APPROPRIATIONS § 29 

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 

§ 1052; 4 Hinds §§ 3812, 3813. 

0 The repeal of existing law. 7 Cannon § 1403; Deschler Ch 26 §§ 24.1, 24.7. 

0 A waiver of a provision of existing law. Manual § 1056; Deschler Ch 26 

§§ 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 §§ 24.8, 26.6. 

§ 29. Imposing Contingencies and Conditions 

Generally; Conditions Precedent 

Provisions making an appropriation contingent on a future event are 

often presented in appropriation bills. Manual § 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 or does it change 

existing law? Deschler Ch 26 § 49.2. Does it impose new duties (for example, to report) where none exist under law? See § 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 exist in law. See §§ 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 

§§ 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 

98 

§ 30 HOUSE PRACTICE

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: 

0 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 § 47.1. 

0 An amendment to require, as a condition on the availability of funds, the 

imposition of standards of quality or performance. Deschler Ch 26 

§ 59.1. 

0 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 § 23.14. 

0 An amendment making the money available on certain contingencies that 

would change the lawful mode of payment. Deschler Ch 26 § 48.1. 

0 An amendment denying the obligation or expenditure of certain funds unless such funds were subject to audit by the Comptroller General. Deschler Ch 26 § 47.8. (A subsequent amendment that denied the use of funds 

not subject to audit ‘‘as provided by law’’ was offered and adopted.) 

0 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 § 48.7. 

0 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 § 48.6. 

0 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 § 48.3. 

0 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 § 48.4. 

0 An amendment specifying that no funds made available may be expended 

until total governmental tax receipts exceed total expenditures. Deschler 

Ch 26 § 48.11. 

0 An amendment containing certification requirements and mandating certain 

contractual provisions as a condition on the receipt of funds. Manual 

§ 1054. 

§ 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 § 1054. Thus, 

an amendment to a general appropriation bill precluding the availability of 

99 

CHAPTER 4—APPROPRIATIONS § 30 

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 § 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 appropriations. Such a result is contrary to the process 

contemplated in rule XXI whereby appropriations are dependent on prior authorization. Deschler Ch 26 § 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 § 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 § 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: 

0 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 § 49.2. 

0 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 § 49.5. 

0 An amendment making the availability of funds in the bill contingent upon 

subsequent enactment of legislation containing specified findings. Manual § 1055. 

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§ 31 HOUSE PRACTICE

0 An amendment changing a permanent appropriation in existing law to restrict its availability until all general appropriation bills are presented to 

the President. Manual § 1055. 

0 An amendment limiting funds in the bill for certain peacekeeping operations unless authorized by Congress. 103-2, June 27, 1994, p 14613. 

0 A provision restricting certain District of Columbia funds unless appropriated by Congress where existing law allowed use without congressional approval. Manual § 1055. 

§ 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 § 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 § 50. Other provisions that have been ruled out 

under this rule include: 

0 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 

§ 50.2. 

0 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 § 50.3. 

0 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 § 50.4. 

0 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 § 50.5. 

0 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 § 50.6. 

0 An amendment rendering an appropriation for energy conservation services 

contingent upon recommendations by Federal officials. Deschler Ch 26 

§ 50.7. 

0 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. 

0 An amendment requiring a determination of ‘‘successor agency’’ status. 

Manual § 1054. 

0 An exception to a limitation on funds requiring determinations of ‘‘equivalence’’ of health benefits plans. Manual § 1054. 

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CHAPTER 4—APPROPRIATIONS § 32 

§ 32. Language Describing, Construing, or Referring to Existing 

Law 

Generally 

It is in order in a general appropriation bill to include language descriptive of authority provided in law as long as the description is precise and 

does not change that authority in any respect. Deschler Ch 26 § 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 § 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 § 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 § 1056; 4 Hinds §§ 3936-3938. Provisions 

that have been ruled out pursuant to this rule include: 

0 A provision broadening beyond existing law the definition of services to 

be funded by an appropriation. Deschler Ch 26 § 25.8. 

0 A provision defining certain expenses as ‘‘nonadministrative,’’ for purposes 

of making a computation. Deschler Ch 26 §§ 22.13, 25.4. 

0 A provision making appropriations available for the purchase of station 

wagons ‘‘without such vehicles being considered as passenger motor vehicles.’’ Deschler Ch 26 § 22.12. 

0 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 § 25.9. 

0 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. 

0 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. 

0 A provision directing the Selective Service Administration to issue regulations to bring its classifications into conformance with a Supreme Court 

decision. Manual § 1055. 

0 An amendment that expresses the sense of Congress that reductions in appropriations in other bills should reflect the proportionate reductions 

made in the pending bill. 101-2, Oct. 21, 1990, p 31709. 

Incorporation by Reference to Existing Law 

An amendment to a general appropriation bill that incorporates by reference the provisions of an existing law not otherwise applicable may be 

subject to a point of order. 88-1, Oct. 10, 1963, pp 19258-60. Thus a paraVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00111 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 33 HOUSE PRACTICE

graph 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: 

0 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 § 22.6. 

0 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 § 22.7. 

§ 33. Particular Propositions as Legislation 

The prohibition of clause 2 of rule XXI against a provision changing 

existing law has been applied to a wide variety of proposals. A sampling 

of these provisions, classified by subject matter, is set out below. 

Provisions Relating to Agriculture 

0 An amendment curtailing the use of funds for price support payments to 

certain persons and defining the term ‘‘person’’ to mean an individual, 

partnership, firm, joint stock company, or the like. Deschler Ch 26 

§ 39.10. 

0 An amendment providing that certain loans be exclusively for the construction and operation of generating facilities for furnishing electric energy 

to persons in certain rural areas. Deschler Ch 26 § 39.5. 

Provisions Relating to Commerce 

0 A provision carrying an appropriation for all expenses of the Bureau of the 

Census necessary to collect, compile, analyze, and publish a sample census of business. Deschler Ch 26 § 40.5. 

0 A provision providing that functions necessary to the compilation of foreign 

trade statistics be performed in New York instead of Washington, DC. 

Deschler Ch 26 § 40.4. 

Provisions Relating to Foreign Affairs 

0 A provision expressing the sense of Congress concerning the representation 

of the Chinese government in the United Nations. Deschler Ch 26 § 41.4. 

0 An amendment providing that ‘‘a reasonable amount’’ of the funds provided to the Organization of American States may be available for distribution in certain underdeveloped areas in the United States. Deschler 

Ch 26 § 41.9. 

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CHAPTER 4—APPROPRIATIONS § 34 

Provisions Relating to Federal Employment 

0 A provision permitting an executive official to delegate to an administrative 

officer the authority to make appointments of certain personnel. Deschler 

Ch 26 § 45.5. 

0 A provision providing that the Secretary of State may, in his discretion, terminate the employment of an employee whenever he shall deem such 

termination necessary or advisable in the interests of the United States. 

Deschler Ch 26 § 43.4. 

Provisions Relating to Congressional Employment and Compensation 

0 A provision increasing or providing additional salary to Members of Congress. Deschler Ch 26 §§ 44.1, 44.2. 

0 An amendment requiring a committee to promulgate rules to limit the 

amount of official mail sent by Members. Deschler Ch 26 § 44.10. 

0 A provision mandating that House offices institute a waste recycling program. 106-1, June 10, 1999, p 12513. 

Provisions Relating to Housing and Public Works Programs 

0 A provision restricting the contract authority of the Housing and Home Finance Administrator to an amount ‘‘within the limits of appropriations 

made available therefor.’’ Deschler Ch 26 § 45.3. 

0 An appropriation for the construction of buildings for storage of certain 

equipment and including a stated limit of cost for construction of any 

such building. Deschler Ch 26 § 45.7. 

B. Changing Prescribed Funding 

§ 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. § 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 § 1056; Deschler Ch 26 § 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 § 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 § 36.1. 

The Committee on Appropriations may report a limitation on the availability of funds within the reported bill. However, a limitation on the obligaVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00113 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 34 HOUSE PRACTICE

tion of funds, or a removal of an existing statutory limitation on the obligation of funds contained in existing law, is legislation and in violation of 

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 §§ 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 § 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 § 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 § 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 § 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 § 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 § 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 §§ 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 § 35.3. The 

language in an appropriation bill appropriating funds in the Federal Aid 

105 

CHAPTER 4—APPROPRIATIONS § 35 

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 

§ 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 § 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 § 1056; 

Deschler Ch 26 § 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 § 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 

§ 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 § 1057. 

§ 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 § 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 § 27.26. 

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§ 36 HOUSE PRACTICE

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 § 1052; 103-1, May 26, 1993, p 11310. 

§ 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 § 1468; Deschler 

Ch 26 § 29. Such a direct transfer may not include legislative language, such 

as requiring the approval of an official. In addition, the transfer of an appropriation for a purpose authorized to be carried out by a specified agency 

may not be transferred to another agency, even within the same bill. The 

following illustrations may clarify these distinctions: 

In Order 

0 $500,000 is hereby transferred from the Capital Improvement and Maintenance appropriation to the State and Private Forestry appropriation. 

Not in Order 

0 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. 

0 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. 

0 $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. 

0 $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 § 29.8. Similarly, an amendment providing that a parVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00116 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 4—APPROPRIATIONS § 38 

ticular authorized project should be financed out of ‘‘any available 

unallocated funds contained in this act’’ was held to be in order. Deschler 

Ch 26 § 29.10. 

See also § 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. 

§ 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 § 30.10) and also may constitute a reappropriation 

of unexpended balances in violation of clause 2(a) (Deschler Ch 26 § 30.20). 

For a discussion of reappropriations generally, see § 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 § 30.1. A point of order will lie against language that attempts to transfer 

such funds from one department to another. Deschler Ch 26 §§ 30.16, 30.25. 

§ 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 § 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 §§ 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 § 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 § 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 § 1307. 

108 

§ 39 HOUSE PRACTICE

Provisions in appropriation bills that have been ruled out under clause 

2 of rule XXI on a point of order include: 

0 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 § 32.6. 

0 A provision making fees and royalties collected pursuant to law available 

beyond the current fiscal year. Deschler Ch 26 § 32.9. 

0 A provision appropriating funds for a census available beyond the time for 

which it was originally authorized. Deschler Ch 26 § 22.2. 

0 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 § 32.8. 

0 A provision appropriating funds for the Tennessee Valley Authority to be 

available for the payment of obligations chargeable against prior appropriations. Deschler Ch 26 § 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 § 1052; 7 Cannon §§ 1119, 1120. Making funds 

available in an earlier fiscal period also may have implications under the 

Congressional Budget Act of 1974. 

§ 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 § 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 §§ 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 

109 

CHAPTER 4—APPROPRIATIONS § 40 

for public building construction shall remain available until the completion 

of the work. Deschler Ch 26 § 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 § 32.21. 

§ 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 § 38.1. Provisions 

in appropriation bills that have been ruled out under this rule include requirements: 

0 That ‘‘all refunds, repayments, or other credits on account of funds disbursed under this head shall be credited to the appropriation.’’ Deschler 

Ch 26 § 38.1. 

0 That appropriations contained in the Act may be reimbursed from the proceeds of sales of certain material and supplies. Deschler Ch 26 § 38.2. 

0 That any part of the appropriation for salaries and expenses be reimbursed 

from commissary earnings. Deschler Ch 26 § 38.4. 

0 That repayment of Federal appropriations for a certain airport be made 

from income derived from operations. Deschler Ch 26 § 38.10. 

0 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 

§ 38.11. 

0 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 § 38.13. 

0 That certain advances be reimbursable during a fixed period under rules 

and regulations prescribed by an executive officer. Deschler Ch 26 

§ 38.14. 

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§ 41 HOUSE PRACTICE

C. Changing Executive Duties or Authority 

§ 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 § 1054; 4 Hinds §§ 3854-3859; Deschler Ch 26 § 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 § 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 § 52.33. Thus, in a general appropriation bill, if not already mandated by existing law, an executive official may not be required: 

0 To make substantial findings in determining the extent of availability of 

funds. Deschler Ch 26 § 59.19. 

0 To make evaluations of propriety and effectiveness. Manual § 1054. 

0 To include information in the annual budget on transfers of appropriations. 

Deschler Ch 26 § 52.10. 

0 To make determinations, in implementing a personnel reduction program, 

as to which individual employees shall be retained. Deschler Ch 26 

§ 22.17. 

0 To implement certain conditions and formulas in determining amounts to 

be charged as rent for public housing units. Deschler Ch 26 § 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 § 52.28. However, language in a general appropriation 

111 

CHAPTER 4—APPROPRIATIONS § 43 

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 § 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 § 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 § 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 § 52.9. 

§ 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 § 1044a; Deschler Ch 26 § 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 § 52. 

§ 43. Altering Executive Authority or Discretion 

Generally 

A proposition in a general appropriation bill that interferes with authority that has been conferred by law on an executive official ‘‘changes existVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00121 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
112 

§ 44 HOUSE PRACTICE

ing law’’ under clause 2 of rule XXI. 4 Hinds § 3846; Deschler Ch 26 

§ 51.3. A proposition that significantly alters the discretion conferred on the 

official also ‘‘changes existing law’’ within the meaning of that rule. Manual § 1054; 4 Hinds §§ 3848-3852; 7 Cannon § 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 § 51.4. 

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 § 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 § 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 § 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 § 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 (§ 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 § 1054; Deschler Ch 26 § 51.14. 

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 § 1452; Deschler Ch 26 § 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 § 55.12. 

§ 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 approVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00122 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 4—APPROPRIATIONS § 45 

priation bill that requires the agency to make the investigation is legislation. 

Deschler Ch 26 § 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 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 § 1695. Manual § 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. 

§ 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 §§ 3868- 

3870; Deschler Ch 26 § 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 §§ 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 § 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 

114 

§ 45 HOUSE PRACTICE

26 § 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 § 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 

§ 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 

§ 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 § 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 § 37.12. Language in an appropriation bill seeking to reduce 

or rescind contract authority contained in a previous appropriation bill has 

also been ruled out as legislation changing existing law. Deschler Ch 26 

§§ 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 § 37. 

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CHAPTER 4—APPROPRIATIONS § 46 

D. The Holman Rule; Retrenchments 

§ 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 § 1038. 

Decisions under the Holman rule have been rare in the modern practice 

of the House. Manual § 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 §§ 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 § 1062. 

Retrenchments and Limitations Distinguished 

A distinction should be noted between retrenchments offered under the 

criteria of the Holman rule and ‘‘limitations’’ on appropriation bills, discussed in §§ 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 § 4. 

Under the modern practice, the Holman rule does not apply to limiting 

language that does not involve a reduction of dollar amounts in the bill. An 

amendment that does not show a reduction on its face and that is merely 

speculative is not in order under the rule. Manual § 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 § 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 § 4.5. 

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§ 47 HOUSE PRACTICE

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 § 1510. 

§ 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 § 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 § 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 § 5.15. 

§ 48. Reporting Retrenchment Provisions 

At one time, retrenching provisions in general appropriation bills were 

reported by the legislative committees of the House. 7 Cannon § 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 §§ 1038, 1062. 

§ 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 reading of the bill 

has been completed and only if the Committee of the Whole does not adopt 

a motion to rise and report the bill back to the House. Manual § 1040; see 

generally § 64, infra. 

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CHAPTER 4—APPROPRIATIONS § 50 

IV. Limitations on General Appropriation Bills 

§ 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 § 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 § 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 § 64. 

The following tests are applied to determine whether language in an appropriation bill or amendment thereto constitutes a permissible limitation: 

0 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 § 59, infra. 

0 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 § 3929. 

0 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 § 3854. 

0 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 § 54, infra. 

0 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 § 1039. 

7 Cannon § 1706; Deschler Ch 26 § 64. 

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§ 50 HOUSE PRACTICE

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 § 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 § 46, supra. 

Construction of Rule; Burden of Proof 

The doctrine permitting limitations on a general appropriation bill is 

strictly construed. Deschler Ch 26 § 80.5. The language of the limitation 

must not be such as, when fairly construed, would change existing law (4 

Hinds §§ 3976-3983) or justify an executive officer in assuming an intent 

to change existing law (4 Hinds § 3984; 7 Cannon § 1707). The language 

of clause 2(c) of rule XXI, which permits limitation amendments during the 

reading of a bill by paragraphs only if authorized by existing law, is likewise strictly construed. It applies only where existing law requires or permits the inclusion of limiting language in an appropriation Act, and not 

merely where the limitation is alleged to be ‘‘consistent with existing law.’’ 

Manual § 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 § 80.5. 

As a general proposition, whenever a limitation is accompanied by the 

words ‘‘unless,’’ ‘‘except,’’ ‘‘until,’’ ‘‘if,’’ or the like, there is ground to 

view the provision with the suspicion that it may be legislation. In case of 

doubt as to its ultimate effect, the doubt should be resolved on the conservative side. Deschler Ch 26 § 52.2. The limitation may not be accompanied 

by language stating a motive or purpose in carrying it out. Deschler Ch 26 

§ 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 § 57.17 (note). 

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CHAPTER 4—APPROPRIATIONS § 51 

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 § 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 § 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 § 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. 108-1, Jan. 7, 2003, 

p 12. 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 § 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 § 1066. 

§ 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 

120 

§ 52 HOUSE PRACTICE

non-Federal funds that would have to be accounted for separately in carrying out the limitation. Manual § 1053. 

‘‘Not To Exceed’’ Limitations 

Language that an expenditure ‘‘is not to exceed’’ a certain amount is 

permissible. Deschler Ch 26 § 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 § 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 

§§ 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 § 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 § 1057. 

§ 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 § 64.1. Such limitations 

are in order even though contracts may be left unsatisfied thereby. Deschler 

Ch 26 § 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. 

121 

CHAPTER 4—APPROPRIATIONS § 52 

Deschler Ch 26 § 67.19. Thus, it has been held in order in a general appropriation bill to deny the use of funds: 

0 To formulate or carry out tobacco programs. 95-1, June 20, 1977, p 19882. 

0 To pay certain rewards. 96-1, July 13, 1979, p 18451. 

0 To implement any plan to invade North Vietnam. Deschler Ch 26 § 70.1. 

0 To operate and maintain facilities where intoxicating beverages are sold or 

dispensed. Deschler Ch 26 § 70.4. 

0 To pay government employees a larger wage than that paid for the same 

work in private industry. 7 Cannon § 1591. 

0 To pay for work on which naval prisoners were employed in preference 

to registered laborers and mechanics. 7 Cannon § 1646. 

0 To pay for salaries or compensation for legal services in connection with 

any suit to enjoin labor unions from striking. 7 Cannon § 1638. 

0 To pay for agriculture commodity programs under which payments to any 

single farmer would exceed a certain dollar amount. Deschler Ch 26 

§ 67.33. 

0 To expand court facilities at Flint, Michigan. Deschler Ch 26 § 69.6. 

0 To disseminate market information over government-owned or governmentleased wires serving privately owned newspapers, radio, or television. 

Deschler Ch 26 § 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 (§ 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 § 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 § 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 § 79.7. The fact that the regulation for 

which funds are denied may have been promulgated pursuant to court order 

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§ 53 HOUSE PRACTICE

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 

§ 64.28. 

§ 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 § 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 § 1694; Deschler Ch 26 § 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 § 3968; Deschler Ch 26 § 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 § 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 

§ 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 § 52.25. 

§ 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 

123 

CHAPTER 4—APPROPRIATIONS § 54 

§ 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 § 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 § 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 

§ 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 § 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 § 74.6. 

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§ 54 HOUSE PRACTICE

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: 

0 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 § 52.6. 

0 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 § 56.1. 

0 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 § 59.17. 

0 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 § 52.17. 

0 A provision providing funds for grants to States for unemployment compensation ‘‘only to the extent that the Secretary finds necessary.’’ Deschler Ch 26 § 52.14. 

0 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 

§ 52.13. 

0 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 § 55.5. 

0 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 § 56.7. 

0 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. 

0 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. 

0 A section restricting funds for special pay of physicians or dentists whose 

‘‘primary’’ duties were administrative. 98-1, Nov. 2, 1983, p 30494. 

0 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. 

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CHAPTER 4—APPROPRIATIONS § 54 

Determinations as to Intent or Motive 

An amendment curtailing the use of the funds for certain purposes if 

the funds are used with a certain intent or motive requires new determinations by the officials administering the funds and is subject to a point of 

order as legislation. 91-1, July 31, 1969, pp 21653, 21675. Thus, an amendment prohibiting the use of funds in the bill to pay rewards for information 

leading to the detection of any person violating certain laws, or ‘‘conniving’’ to do so, was ruled out as legislation because the amendment required the executive branch to determine what constitutes ‘‘conniving’’ in 

violating the law. 96-1, July 13, 1979, p 18451. Similarly, an amendment 

denying use of funds in the bill to grant business licenses to persons selling 

drug paraphernalia ‘‘intended for use’’ in drug preparation or use was ruled 

out as legislation requiring new duties and judgments of government officials. Deschler Ch 26 § 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 § 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 § 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 § 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 

§ 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 § 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 

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tive of functions and findings already required to be undertaken by existing 

law. Manual § 1053; Deschler Ch 26 § 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 § 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 (§ 44, supra) and in the Manual § 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 not required by existing law on being ‘‘made known’’ to an executive 

official, superseding 7 Cannon § 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 § 53 (note). 

§ 55. — Duties Relating to Construction or Implementation of Law 

Duty of Statutory Construction 

Although all limitations on funds on appropriation Acts require Federal 

officials to construe the language of that law in administering those funds, 

that duty of statutory construction, absent a further imposition of an affirmative direction not required by law, does not destroy the validity of the limitation. Deschler Ch 26 § 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 § 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 § 52.34. 

127 

CHAPTER 4—APPROPRIATIONS § 56 

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 §§ 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 § 64.27. 

§ 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 § 1579. However, it is not in order: 

0 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 § 1054. 

0 To impose additional duties on an executive officer and to make the appropriation contingent upon the performance of such duties. Manual § 1054. 

0 To condition the use of such funds on the performance of a new duty not 

expressly required by law. Manual § 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 § 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 

128 

§ 56 HOUSE PRACTICE

as those duties—such as statistical comparisons and findings of residence 

and employment status—are already mandated by law. Manual § 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 § 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 § 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 § 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 

§ 4004. Other conditions subsequent that have been upheld as limitations include: 

0 An amendment stating that if the appropriations Act were to be declared 

unconstitutional by the Supreme Court, none of the money provided 

could thereafter be spent. Deschler Ch 26 § 76.6. 

0 An amendment terminating the use of the appropriated funds after the enactment of certain legislation pending before the Congress. Deschler Ch 

26 § 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 § 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 

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quiring 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 § 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. 

§ 57. Exceptions to Limitations 

An exception to a valid limitation in a general appropriation bill is in 

order, providing the exception does not add legislative language in violation 

of clause 2 of rule XXI. Deschler Ch 26 §§ 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 § 66.6. Other exceptions to limitations in general appropriation bills that have been held in order include: 

0 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 § 64.14. 

0 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 § 66.10. 

0 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 § 64.15. 

0 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 § 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 § 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 § 1054. 

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§ 58 HOUSE PRACTICE

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 § 66.3. 

§ 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 § 1053; 7 Cannon § 1655; Deschler Ch 26 § 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 § 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: 

0 A provision limiting payments from appropriated funds to persons receiving 

pay from another source in excess of a certain amount. 7 Cannon § 1669. 

0 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 § 67.3. 

0 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 

§ 76.2. 

0 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 § 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 § 53.4. Such an amendment is legislation if it requires a 

Federal official to subjectively evaluate the propriety or nature of individual 

131 

CHAPTER 4—APPROPRIATIONS § 59 

conduct. 96-2, Sept. 16, 1980, p 25604. Provisions ruled out of order as requiring additional determinations include: 

0 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 

§ 61.4. 

0 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 § 52.18. 

0 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 § 1054. 

0 An amendment requiring an agency to investigate and determine whether 

a person or entity entering into a contract with funds under the pending 

bill is subject to a legal proceeding commenced by the Federal government and alleging fraud. Manual § 1054. 

§ 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 § 3927; 7 Cannon § 1495; Deschler Ch 26 §§ 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 §§ 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 § 1053. 

Provisions in general appropriation bills that have been held out of 

order because they imposed a limitation that was not confined to the funds 

in the bill include: 

0 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. 

0 A provision limiting the appropriation contained ‘‘in this or any other act’’ 

to a certain purpose. Deschler Ch 26 § 27.20. 

0 A provision providing that no part of ‘‘any appropriation’’ shall be used 

for a specified purpose. Deschler Ch 26 § 27.18. 

0 An amendment providing that ‘‘no appropriation heretofore made’’ be used 

for a certain purpose. Deschler Ch 26 § 27.21. 

0 An amendment declaring that ‘‘hereafter no part of any appropriation’’ 

shall be available for certain purposes. Deschler Ch 26 §§ 27.16, 27.25. 

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§ 59a HOUSE PRACTICE

0 An amendment providing that none of the funds in the bill ‘‘or elsewhere 

made available’’ be used for a certain purpose. Deschler Ch 26 § 27.12. 

0 An amendment providing that ‘‘total payments to any person’’ under a soil 

conservation program shall not exceed a certain amount. Deschler Ch 26 

§ 27.5. 

§ 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. 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, § 59a of House Practice (2003) and Manual § 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. 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 (subsequently extended to 2007), 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 § 1064a; 106-2, Mar. 15, 2000, p 

2805. 

V. Reappropriations 

§ 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 § 1037. Reappropriations are to be distinguished from transfers of funds, which are permitted under some circumstances. See §§ 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 

133 

CHAPTER 4—APPROPRIATIONS § 60 

were not prohibited by rule XXI, because they were not deemed to change 

existing law by conferring new authority. 4 Hinds § 3592; 7 Cannon § 1152; 

Deschler Ch 26 § 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 § 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 § 1037. As to what constitutes a public work in progress 

under clause 2 of rule XXI, see § 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 

§ 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 § 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 

§ 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 § 1063; Deschler Ch 25 § 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 § 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 rule, 

because the authorizing law is a more recent expression of the will of the 

House. Deschler Ch 25 § 3.7. 

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§ 61 HOUSE PRACTICE

VI. Reporting; Consideration and Debate 

A. Generally 

§ 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 § 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 § 853. The privilege does not extend to special appropriations to address a specific purpose. 8 Cannon § 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 § 7.4. Consideration of a privileged appropriation bill is subject to layover requirements. § 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 § 6; see also § 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 § 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 § 977. 

Consideration in the House as in the Committee of the Whole 

Pursuant to an order of the House, an appropriation bill may be called 

up as if privileged and considered in the House as in the Committee of the 

Whole (meaning that the bill is considered as read and open to amendment 

at any point under the five-minute rule, without general debate). 89-1, July 

28, 1965, p 18578; 89-1, Oct. 13, 1965, p 26881; 91-2, June 24, 1970, p 

21239. 

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CHAPTER 4—APPROPRIATIONS § 63 

§ 62. When Bills May Be Considered 

The privilege given to general appropriation bills is subject to the requirement of clause 4 of rule XIII that such bills may not be considered 

in the House until printed committee hearings and a committee report thereon have been available for at least three calendar days (excluding Saturdays, 

Sundays, and legal holidays if not in session). Manual §§ 850, 852. Availability may be measured by electronic availability under clause 3 of rule 

XXIX or by access to printed copies. Manual § 1105b. 

The three-day layover requirement may be waived by unanimous consent or pursuant to the adoption of a special order of business from the 

Committee on Rules. 

§ 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 

§§ 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 

§§ 4739, 4740; Deschler Ch 25 § 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 § 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 

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§ 64 HOUSE PRACTICE

the proponent with regard to the levels of budget authority or outlays. Manual § 1063a. 

Consideration in the House 

Amendments adopted in the Committee of the Whole are reported to 

the House for action. During consideration of the bill in the House, it is 

in order to demand that those amendments be voted on separately. Deschler 

Ch 25 § 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 § 1033. 

§ 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 §§ 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 § 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 §§ 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 § 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 

137 

CHAPTER 4—APPROPRIATIONS § 66 

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 § 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. 

§ 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 § 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 § 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 § 2.2; see also 

POINTS OF ORDER; PARLIAMENTARY INQUIRIES. 

§ 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. 

138 

§ 66 HOUSE PRACTICE

Deschler Ch 25 § 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 § 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 § 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 § 1044; Deschler Ch 26 § 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 § 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 § 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 § 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 § 1044; Deschler Ch 26 § 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 § 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 § 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 § 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. 

139 

CHAPTER 4—APPROPRIATIONS § 68 

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 § 12.13. 

§ 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 § 3652; 5 Cannon § 6881. If raised against 

only a portion of a paragraph, any Member may extend the point of order 

to the entire paragraph. Manual § 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 § 1044; Deschler Ch 26 § 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 § 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 § 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 

§ 2.24. 

§ 68. — Waiving Points of Order 

Generally; Alternative Procedures 

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

various ways: 

0 By unanimous consent. Deschler Ch 26 § 31. 

0 By special order of business from the Committee on Rules. Manual § 1058; 

4 Hinds §§ 3260-3263; Deschler Ch 26 § 3. 

0 By motion to suspend the rules. 4 Hinds § 3845. 

0 By failure to make a timely point of order. Deschler Ch 26 § 3.17. 

Note: 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 § 3.17. 

140 

§ 68 HOUSE PRACTICE

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 § 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 §§ 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 

§ 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: 

0 Against certain paragraphs in an appropriation bill not authorized by law 

or containing legislative language. Deschler Ch 26 §§ 3.2, 3.6. 

0 Against reappropriations in violation of clause 2(a) of rule XXI. 97-1, July 

30, 1981, p 18803. 

0 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. 

0 Against consideration of the bill until printed committee hearings and the 

committee report have been available for three days as is required by 

clause 4 of rule XIII. Deschler Ch 25 § 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 § 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 § 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 §§ 3.10, 3.11. 

141 

CHAPTER 4—APPROPRIATIONS § 69 

§ 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 § 1058; 4 Hinds § 3862; 7 Cannon 

§ 1420; Deschler Ch 26 § 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 § 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 § 1058; 

Deschler Ch 26 § 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 § 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 §§ 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 § 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 § 1058; 4 Hinds §§ 3836, 3837; 7 Cannon §§ 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 § 1058; Deschler Ch 26 § 3.30. The figures in an unauthorized 

142 

§ 70 HOUSE PRACTICE

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 § 3.45. An increase in such figure may not be accompanied by legislative language directing certain expenditures. Deschler 

Ch 26 § 3.42. Amendments to language permitted to remain in an appropriation bill that have been ruled out under clause 2 of rule XXI include: 

0 An amendment adding additional legislation prohibiting the availability of 

funds in other Acts for certain other purposes. Deschler Ch 26 § 3.18. 

0 An amendment adding an additional class of recipients to those covered by 

a legislative provision permitted to remain. Deschler Ch 26 § 3.34. 

0 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. 

0 An amendment broadening the application of a legislative provision permitted to remain so as to apply to other funds. Manual § 1058. 

0 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 § 1058; 104-1, July 12, 

1995, pp 18627-29. 

0 An amendment increasing an authorized amount above the authorized ceiling. Manual § 1058. 

0 An amendment in the form of a motion to strike, extending the legislative 

reach of the pending text. Manual § 1058. 

0 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 § 1058. 

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

B. Senate Amendments 

§ 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 

§§ 1070, 1073, 1074. Thus, earlier precedents (4 Hinds §§ 4797-4806; 8 

Cannon §§ 2382-2385) governing initial consideration of Senate amendments 

to appropriation bills in the Committee of the Whole are largely anachroVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00152 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
143 

CHAPTER 4—APPROPRIATIONS § 70 

nistic, 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 §§ 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 §§ 1059, 1076; 

7 Cannon § 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 § 13.13; Deschler Ch 26 § 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 § 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 § 13.15. 

Amendments Reported in Disagreement 

A Senate amendment containing legislation reported from conference in 

disagreement (see § 71, infra) may be amended by a germane amendment 

even though the proposed amendment also is legislative. Manual § 1059; 

Deschler Ch 26 § 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 § 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 § 1076; 7 Cannon § 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 §§ 1059, 1076; 

Deschler Ch 26 § 6.5. 

144 

§ 71 HOUSE PRACTICE

§ 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 § 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 §§ 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 § 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 § 13.11; see generally 

CONFERENCES BETWEEN THE HOUSES; § 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 § 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 § 1076. 

145 

CHAPTER 4—APPROPRIATIONS § 73 

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 § 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 § 1574. 

VII. Other Appropriation Measures 

§ 72. In General; Continuing Appropriations 

A continuing appropriations measure is legislation enacted by the Congress to provide budget authority for specific ongoing Federal programs 

when a regular appropriation for those programs has not been enacted. 

Deschler Ch 25 § 7.1. 

Joint resolutions continuing appropriations pending enactment of general 

appropriation bills for the ensuing fiscal year are not general appropriation 

bills and therefore are not reported or called up as privileged unless reported 

after September 15 preceding the beginning of such fiscal year. Clause 5(a) 

of rule XIII; Manual § 853; 8 Cannon § 2282; Deschler Ch 25 § 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 § 75, infra. 

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 § 1.2. 

§ 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 § 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 §§ 9.6, 9.7. Such a rule has 

146 

§ 74 HOUSE PRACTICE

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 § 9.1. 

§ 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. Such a measure is not privileged for consideration when reported by the Committee on Appropriations and is not subject to points of 

order under clause 2 of rule XXI. Deschler Ch 25 §§ 7.3, 7.4; 95-1, Feb. 

3, 1977, p 3473. 

§ 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 § 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 § 13.18). A joint resolution continuing 

appropriations for a fiscal year is reported under clause 2 of rule XIII, relating to the filing of nonprivileged reports. Manual § 831; Deschler Ch 25 

§ 8.8. 

Consideration in House as in the Committee of the Whole 

Formerly, joint resolutions continuing appropriations pending enactment 

of regular annual appropriation measures were often considered in the House 

as in the Committee of the Whole. More rarely they were considered in 

Committee of the Whole to permit more extensive general debate. Deschler 

Ch 25 § 6 (note). Joint resolutions providing supplemental appropriations 

also may be considered in the House as in the Committee of the Whole. 

Deschler Ch 25 §§ 11.5, 11.6. Such consideration may be provided for by 

unanimous consent or pursuant to a special order of business from the Committee on Rules. Deschler Ch 25 §§ 8.4, 8.7. 

Consideration in House 

Under modern practice, continuing appropriation joint 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 §§ 8.9-8.12; 102-1, Sept. 24, 1991, p 

23725. 

147 

CHAPTER 4—APPROPRIATIONS § 77 

VIII. Appropriations in Legislative Bills 

§ 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 § 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 § 2133; Deschler 

Ch 25 § 4.24. However, because the rule by its terms applies to appropriations ‘‘reported’’ by legislative committees, the point of order does not 

apply to an appropriation in a bill that has been taken away from a nonappropriating committee by a motion to discharge. 7 Cannon § 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 § 1065. 

Application to Senate Bills or Amendments Between the Houses 

The rule forbidding consideration of items carrying appropriations in 

bills reported by nonappropriating committees applies to Senate bills as well 

as to House bills. 7 Cannon §§ 2136, 2147. The point of order may be made 

against an appropriation in a Senate bill under consideration (in lieu of a 

reported House bill) even though the bill has not been reported by a committee of the House. 7 Cannon § 2137. This rule also applies to an amendment proposed to a Senate amendment to a House bill not reported from 

the Committee on Appropriations. Manual § 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 § 2135. 

§ 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 

148 

§ 77 HOUSE PRACTICE

the general functions of government. Deschler Ch 25 § 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 

§ 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 § 2156. 

Provisions Held in Order 

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

4 include: 

0 A provision authorizing an appropriation of not less than a certain amount 

for a specified purpose. Deschler Ch 25 § 4.34. 

0 A provision providing that an appropriation come out of any unexpended 

balances heretofore appropriated or made available for emergency purposes. Deschler Ch 25 § 4.35. 

0 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 § 4.36. 

0 A provision authorizing and directing an executive officer to advance, when 

appropriated, sums of money out of the Treasury. Deschler Ch 25 § 4.38. 

0 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 § 2158. 

0 A provision authorizing the Secretary of the Treasury to use proceeds of 

public-debt issues for the purpose of making loans. Deschler Ch 25 

§ 4.43. 

Provisions Held out of Order 

Provisions in a legislative bill, or amendments thereto, that have been 

held to violate clause 4 include: 

0 A provision directing that funds previously appropriated be used for a purpose not specified in the original appropriation. 7 Cannon § 2147. 

0 A provision reappropriating or diverting an appropriation for a new purpose. 7 Cannon § 2146; Deschler Ch 25 §§ 4.1, 4.4. 

0 An amendment requiring the diversion of previously appropriated funds in 

lieu of the enactment of new budget authority. Manual § 1065. 

0 A provision providing for the transfer of unexpended balances of appropriations and making such funds available for expenditure. Deschler Ch 25 

§ 4.5. 

0 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 § 1065. 

149 

CHAPTER 4—APPROPRIATIONS § 78 

0 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 § 4.16. 

0 An amendment establishing a user charge and making the revenues collected therefrom available without further appropriation. Deschler Ch 25 

§ 4.19. 

0 A provision making available for administrative purposes money repaid 

from advances and loans. Deschler Ch 25 § 4.21. 

0 A provision directing disbursements from Indian trust funds. 7 Cannon 

§ 2149. 

0 An amendment permitting the acquisition of buses with funds from the 

highway trust fund. 92-2, Oct. 5, 1972, p 34115. 

0 A provision establishing a special fund, to be available with other funds 

appropriated, for the purpose of paying refunds. 7 Cannon § 2152. 

0 A provision making excess foreign currencies available to stimulate private 

enterprise abroad. Deschler Ch 25 § 4.22. 

0 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 § 4.10. 

0 A provision making available unobligated balances of appropriations ‘‘heretofore’’ made to carry out the provisions of the bill. Deschler Ch 25 

§ 4.11. 

0 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. 

0 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. 

0 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 § 4.15. 

0 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. 

§ 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. 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 

150 

§ 79 HOUSE PRACTICE

of order to be raised during the pendency of the amendment under the fiveminute rule. Deschler Ch 25 § 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 § 1065. 

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 § 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 § 2142. It follows that motions to discharge nonappropriating committees from consideration of bills carrying appropriations are not subject to points of order under 

the rule. 7 Cannon § 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 § 12.15. 

A point of order against an amendment to a legislative bill containing an 

appropriation can be raised ‘‘at any time’’ during its pendency, even in its 

amended form, though the point of order is against the amendment as 

amended by a substitute and though no point of order was directed against 

the substitute before its adoption. Manual § 1065. 

Waiving Points of Order 

Points of order based on clause 4 may be waived by order of the 

House. Deschler Ch 25 § 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. 

§ 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 

151 

CHAPTER 4—APPROPRIATIONS § 79 

§ 2142; Deschler Ch 25 § 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. 

153 

Chapter 5 

Assembly of Congress 

§ 1. In General; Day of Convening 

§ 2. Hour of Meeting 

§ 3. Place of Meeting 

§ 4. Organizational Business—First Session 

§ 5. Organizational Business—Second Session 

§ 6. Adoption of Rules and Separate Orders 

§ 7. Procedure Before Adopting Rules 

§ 8. Taking Up Legislative Business 

Research References 

1 Hinds §§ 1-10; 5 Hinds §§ 6758-6762 

6 Cannon §§ 1-5 

Deschler Ch 1 

Manual §§ 60, 242, 243 

§ 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, § 2. A joint resolution, which is not privileged, is used 

for such appointment. For laws appointing a different day for assembling, 

see Manual § 243. The joint resolution may originate in either House. 93- 

1, Dec. 17, 1973, p 42059; 95-1, Dec. 15, 1977, p 38948. 

The President has the constitutional authority to convene the Congress 

earlier than on the day it has fixed for its reconvening. The President may 

exercise this authority on ‘‘extraordinary occasions’’ by convening either or 

both Houses. U.S. Const. art. II, § 3. A number of early Congresses were 

convened by Presidential proclamation. 1 Hinds §§ 10, 12. The last session 

so convened was in the 76th Congress. Deschler Ch 1 § 2.1. 

For examples of provisions in concurrent resolutions authorizing the recall of the House or of both Houses, see Manual § 84 and ADJOURNMENT. 

Pro Forma Meetings 

Upon completion of the legislative business for a session, the House 

may schedule pro forma meetings for the remainder of the constitutional 

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§ 2 HOUSE PRACTICE

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 110th Congress, where the House was adjourned from December 10, 

2008, until January 3, 2009, and the House convened at 11:00 a.m. on that 

day 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 § 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). 

§ 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 § 3. However, it is the customary 

practice of the House to adopt a resolution establishing times for its daily 

meetings. Manual § 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. However, subsequent resolutions 

changing the hour of meeting, unless reported as privileged from the Committee on Rules, require unanimous consent for consideration (although ad 

155 

CHAPTER 5—ASSEMBLY OF CONGRESS § 3 

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. 

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 §§ 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 ll. 

The House has entered an order authorizing 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 threeday limit prescribed by the Constitution, based on a determination that the 

public interest so warrants and after consultation with the Minority Leader. 

112-1, H. Res. 479, Dec. 6, 2011, p ll. 

§ 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 § 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 

156 

§ 4 HOUSE PRACTICE

of the House whenever, in the Speaker’s opinion, the public interest shall 

warrant it. 

In the 107th Congress, the two Houses authorized joint leadership recall 

from an adjournment ‘‘at such place and time as they may designate 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 President may convene Congress at places outside the seat of government during hazardous circumstances. 2 USC § 27; Deschler Ch 1 § 4. 

§ 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 § 26; Manual § 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 § 26; Manual 

§ 656. After the opening prayer and Pledge of Allegiance, the Clerk: 

0 Announces the receipt of credentials of Members-elect. 

0 Causes a quorum to be established, by roll call by State, by electronic device. 

0 Announces the filing of credentials of Delegates-elect and of the Resident 

Commissioner. 

0 Recognizes for nominations for Speaker. 

0 Appoints tellers for the roll call vote (alphabetical by surname) for Speaker. 

0 Announces the vote. 

0 Appoints a committee to escort the Speaker to the Chair. 

Election of Speaker 

The first order of business after the ascertainment of a quorum at the 

opening of a new Congress is ordinarily the election of the Speaker. Manual 

§ 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 

§ 25; Manual § 27; 1 Hinds § 212. 

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CHAPTER 5—ASSEMBLY OF CONGRESS § 4 

Candidates for the office are nominated by the respective chairs of the 

Democratic Caucus and the Republican Conference. Deschler Ch 1 § 6.1. 

The Speaker is elected by a majority of Members-elect present and voting 

by surname. Manual § 27. 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 § 187; Deschler Ch 1 § 6. Although the Clerk 

appoints tellers for the election, the House, and not the Clerk, determines 

what method of voting to use. Manual § 27; Deschler Ch 1 § 6. On two occasions, by special rules, Speakers were chosen by a plurality of votes; but 

in each case the House by majority vote adopted a resolution declaring the 

result. 1 Hinds §§ 221, 222. The House has declined to choose a Speaker 

by lot. 1 Hinds § 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 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 § 2. Once sworn, Members may be named to serve on House 

committees and may introduce bills. Manual § 300; 4 Hinds §§ 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 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 

§ 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 

158 

§ 5 HOUSE PRACTICE

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 selection of the Speaker. Deschler Ch 1 § 7. 

§ 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 § 5. Alternatively, the House may be called to order by a previously designated 

Speaker pro tempore. Deschler Ch 1 § 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 § 7.5. 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 § 4. 

Members-elect, elected to fill vacancies occurring in the first session, 

are not included on the roll call to ascertain the presence of a quorum when 

the second session convenes. Their names are included on the roll only after 

their certificates of election have been laid before the House and 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 § 4.10. 

§ 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, § 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 § 10.1. 

The rules of the House for each Congress are adopted by resolution. 

See, e.g., 112-1, H. Res. 5, Jan. 5, 2011, p ll. Ordinarily, the House 

adopts the rules of the prior Congress but with various amendments. 5 Hinds 

§ 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. 

159 

CHAPTER 5—ASSEMBLY OF CONGRESS § 7 

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, many 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 § 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 § 60; Deschler Ch 1 § 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 § 60; Deschler Ch 1 § 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 § 60; 5 Hinds 

§ 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 § 10.12. 

§ 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 § 60; 5 Hinds §§ 6761- 

6763; 8 Cannon § 3386. Statutes incorporated into the rules of the prior 

Congress do not control the proceedings of the new House. Deschler Ch 1 

§ 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 

§ 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 Sergeantat-Arms to present the mace as the traditional symbol of order. Manual § 60. 

160 

§ 8 HOUSE PRACTICE

Procedures common to general parliamentary law applicable in the 

House before the adoption of its formal rules include: 

0 The motion for a call of the House. 4 Hinds § 2981; Deschler Ch 1 § 9. 

0 Points of order of no quorum. Manual § 60. 

0 The motion to refer, subject to the motion to table. Manual § 60. 

0 Demands for the yeas and nays. 5 Hinds §§ 6012, 6013; Deschler Ch 1 § 9. 

0 The motion for the previous question, which takes precedence over a motion to amend. 5 Hinds §§ 5451-5455. 

0 The motion to amend after rejection of the previous question (Deschler Ch 

3 § 10.10), with any amendment being subject to the point of order that 

it must be germane (Deschler Ch 1 § 12.7). 

0 The practice that Members may engage in debate only when recognized, 

such recognition being at the discretion of the Speaker. Manual § 60. 

0 The hour rule for debate on a question. Deschler Ch 1 § 12.3. 

0 Losing the right to resume after yielding the floor. 5 Hinds §§ 5038-5040. 

0 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 § 22.4. 

0 The nondebatable motion to commit after ordering of the previous question. 

Manual § 60; 5 Hinds § 6758. Proponent of the motion to commit need 

not qualify as opposed to the resolution. Manual § 60. 

0 Withdrawal of a resolution before action is taken thereon. Deschler Ch 1 

§ 10.6. 

0 The motion to lay on the table. 5 Hinds § 5390; Deschler Ch 1 § 9. 

0 The motion to postpone to a day certain. Deschler Ch 1 § 10.7. 

0 The motion to adjourn. 1 Hinds § 89; Deschler Ch 1 § 9. 

Specific standing rules of the House held not applicable before adoption 

of its formal rules include: 

0 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 § 5509. 

0 The three-day availability rule for the consideration of committee reports. 

Deschler Ch 1 § 12.9. 

§ 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 § 5. Once the two Houses have assembled, elected officers, sworn Members, and adopted rules, the resumption of legislative business is in order. 1 Hinds §§ 130, 140, 237; Deschler 

Ch 1 § 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 § 12.8. However, a bill will not be considered in the House before 

161 

CHAPTER 5—ASSEMBLY OF CONGRESS § 8 

the administration of the oath to Members-elect because of the statutory requirement that the oath precede the consideration of general business. 2 

USC § 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 § 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 § 814; 5 Hinds § 6727. Similarly, conference business between the two Houses continues over an adjournment between the first and second sessions of a Congress. 5 Hinds §§ 6760-6762. 

However, because past proceedings of one Congress do not bind its successor, business remaining at the end of one Congress does not carry over 

to the beginning of a new Congress. Deschler Ch 1 § 11. 

163 

Chapter 6 

Bills and Resolutions 

A. GENERALLY

§ 1. In General; Resolutions Distinguished 

§ 2. Public and Private Bills Distinguished 

§ 3. Form; Component Parts 

§ 4. Titles 

§ 5. Preambles 

B. INTRODUCTION AND REFERENCE

§ 6. Introduction of Measures in the House; Sponsorship 

§ 7. Reference 

§ 8. Multiple Referrals; Sequential or Split Referrals 

§ 9. Bills Reported with Amendments 

§ 10. Matters Subject to Referral 

§ 11. Time Limitations on Referred Bills; Extensions 

§ 12. Referrals to Select and Ad Hoc Committees 

C. PRIVATE BILLS

§ 13. In General 

§ 14. What Constitutes a Private Bill 

§ 15. Introduction, Reference, and Consideration 

§ 16. — Amendments 

§ 17. Uses of Private Bills 

§ 18. — Claims By or Against the Government 

§ 19. — Immigration and Naturalization Cases 

D. RESTRICTIONS ON CERTAIN PUBLIC BILLS

§ 20. Appropriations 

§ 21. Tax and Tariff Measures 

§ 22. Designation of Public Works 

§ 23. Prohibition on Commemorations 

§ 24. Earmarks 

§ 25. Budget-related Restrictions 

164 

§ 1 HOUSE PRACTICE

Research References 

4 Hinds §§ 3266-3297, 3364-3390 

7 Cannon §§ 846-871, 1027-1053 

Deschler Ch 16; Deschler Ch 24 §§ 1-4, 9, 10 

A. Generally 

§ 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 § 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 § 3375. 

The introduction of certain types of private bills is prohibited by clause 

4 of rule XII. See § 17, infra. 

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 OF BILLS. 

§ 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 § 2614; 4 Hinds § 3285; 7 Cannon § 856; Deschler Ch 24 § 1. 

Whether a law is to be regarded as public or private depends on the attendant circumstances, having regard to the effect rather than the form of the 

legislation. Bollinger v. Watson, 63 S.W. 2d 642 (Ark. 1933). The distinction is important because the procedures followed in the enactment of private bills are significantly different from those applicable to public bills. 

§ 15, infra. 

A bill may be regarded as a public bill, and thus referred to the House 

or Union Calendar when reported, where it: 

0 Contains provisions applicable to the general public, although benefiting a 

named individual. 4 Hinds § 3286. 

0 Relates to a classes or groups of persons and not to persons as individuals. 

7 Cannon § 870; Deschler Ch 24 § 3.3. 

165 

CHAPTER 6—BILLS AND RESOLUTIONS § 3 

0 Indemnifies a foreign government for injury to one of its nationals. 7 Cannon § 865; Deschler Ch 24 § 3.2. 

0 Includes among provisions for the relief of private persons one item to pay 

a claim of a foreign nation. 4 Hinds § 3287. 

0 Grants an easement over public lands to a private company. 7 Cannon 

§ 864. 

0 Authorizes an exchange of government-owned land for privately owned 

land. 7 Cannon § 862. 

0 Provides for the reimbursement of ‘‘all the depositors’’ of a certain bank, 

the depositors not being identified by name. 8 Cannon § 2373. 

§ 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 § 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 § 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: 

0 A bill title (an identifying bill number is subsequently added thereto). 

0 A preamble—used often in simple and concurrent resolutions, less often in 

joint resolutions, and, in modern practice, never in bills. § 5, infra. 

0 An enacting or resolving clause, which must appear in the first section of 

the Act. 1 USC § 103. 

0 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 

§ 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 § 622; see also Deschler Ch 24 § 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. 

166 

§ 4 HOUSE PRACTICE

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 § 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 § 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 § 5781; 8 Cannon § 2876. 

§ 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 

§ 1489; Deschler Ch 24 § 9.1. The title, also known as the ‘‘long title,’’ 

should be distinguished from the ‘‘short title’’ of a bill, which 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 

167 

CHAPTER 6—BILLS AND RESOLUTIONS § 5 

. . .’’ 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 §§ 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 § 3381. In such cases the title of an Act may be resorted to by courts as an aid in determining legislative intent. Brotherhood 

of R.R. Trainmen v. Baltimore and Ohio Railroad Co., 331 U.S. 519 (1947). 

In this context, the title of a bill at the time of its enactment is said to be 

indicative of the true intention of Congress in enacting it. Corpus Juris 

Secundum, Statutes § 351. 

§ 5. Preambles 

Preambles are sometimes used to indicate the underlying reason for a 

measure. 4 Hinds § 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 § 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 § 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 § 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 § 5430. The motion for the previous question may 

be applied at once to the resolution and the preamble. Manual § 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 § 9.5. 

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§ 6 HOUSE PRACTICE

B. Introduction and Reference 

§ 6. Introduction of Measures in the House; Sponsorship 

Bills and Resolutions 

Bills and resolutions are introduced by being deposited in the hopper 

at the Clerk’s desk anytime the House is in session. Deschler Ch 16 § 1. 

A Member may introduce a bill during a pro forma meeting even though 

no legislative business is being conducted. Manual § 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. In the 112th Congress, the second ten bill numbers 

were reserved for the Minority Leader. Manual § 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 § 1. A Member may introduce a bill even though personally opposed to 

its passage. Deschler Ch 16 § 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 § 1.9. 

Bills Introduced ‘‘By Request’’ 

Only a Member, Delegate, or the Resident Commissioner may introduce 

a bill. The House does not permit the names of citizens requesting the introduction of a bill to be printed in the Congressional Record, but the rules 

do permit the words ‘‘by request’’ to be entered on the Journal, printed on 

the bill, and printed in the Record. Manual § 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 § 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 § 818; 4 Hinds § 3312. Members may present petitions from the citizens of States other than their own. 4 Hinds §§ 3315, 3316. 

169 

CHAPTER 6—BILLS AND RESOLUTIONS § 6 

Sponsorship; Endorsements and Signatures 

By House rule, all bills, resolutions, and memorials must be endorsed 

with the name of the Member or Members introducing or presenting them. 

Manual §§ 818, 825. By directive of the Speaker, all such measures must 

bear the original signature of the chief sponsor or first-named Member. 

Manual § 821. 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 § 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 § 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 §§ 2.5, 2.6. At its organization 

for the 104th Congress, the House resolved that each of the first 20 bills 

and each of the first two joint resolutions introduced in that Congress could 

have more than one Member reflected as a first sponsor. 

By unanimous consent, 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 by a Member other than the primary sponsor, 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 § 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. 

170 

§ 7 HOUSE PRACTICE

§ 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 § 3. However, 

a bill referred by the House itself may be sent to any committee without 

regard to the rules of jurisdiction. 4 Hinds § 4375; 7 Cannon § 2131. Jurisdiction in such a case is deemed conferred by the action of the House. 4 

Hinds §§ 4362-4364; 7 Cannon § 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 §§ 4355-4360; 7 Cannon §§ 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, Budget, House Administration, Rules, and Ethics. Manual 

§§ 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 § 14, infra. The House rerefers public bills without 

debate, usually pursuant to a unanimous-consent request. Deschler Ch 16 

§§ 3.13-3.15. A motion to rerefer also is available. However, that motion has 

not been offered since the 82d Congress. Manual § 825; Deschler Ch 16 

§§ 3.10-3.13. The motion to rerefer: 

0 Must apply to a bill erroneously referred. 7 Cannon § 2125. 

0 Must be made immediately following the Pledge of Allegiance. Clause 7 

of rule XII; 7 Cannon §§ 1809, 2119, 2120. 

0 Must apply to a single bill and not to a class of bills. 7 Cannon § 2125. 

0 May be amended. 7 Cannon § 2127. 

0 May not be divided. 7 Cannon § 2125. 

0 May not be debated. 7 Cannon §§ 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 §§ 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 § 2110; Deschler Ch 

16 § 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 

171 

CHAPTER 6—BILLS AND RESOLUTIONS § 9 

Speaker to other committees. § 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 

§§ 916, 917, 1001; see REFER AND RECOMMIT. 

§ 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 § 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: 

0 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. 

0 Refer designated portions of the same measure to other committees (split 

referral). 

0 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. 

§ 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 § 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 § 816. The second committee 

may report an amendment to the amendment adopted by the first committee 

172 

§ 10 HOUSE PRACTICE

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: 

0 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. 

0 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. 

0 A reported bill solely for consideration of designated portions of the first 

committee’s amendment. 

0 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 § 816. 

§ 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 § 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 §§ 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 § 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 § 3108; 8 

Cannon § 3187. Under clause 2 of rule XXII, House bills with Senate 

amendments that do not require consideration in Committee of the Whole 

may be disposed of by privileged motion. 

173 

CHAPTER 6—BILLS AND RESOLUTIONS § 11 

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 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 § 3101; 

6 Cannon § 727. Simple resolutions of the Senate that do not require any 

action by the House are not referred. 7 Cannon § 1048. 

§ 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 § 816. 

On the last day of an expiring sequential referral, a committee has until 

midnight to file its report with the Clerk. Manual § 816. 

Clause 2 of rule XII is not construed to prevent another committee from 

reporting before the primary committee. It is the intent of the rule to allow 

the primary committee to report before a measure is scheduled for floor consideration. However, the measure may be considered without a report by the 

primary committee pursuant to a special order of business. 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 § 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 § 816. 

174 

§ 12 HOUSE PRACTICE

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 § 816. 

§ 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 § 816. For more information on select and ad hoc committees, see COMMITTEES. 

C. Private Bills 

§ 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 § 1028. 

In recent years, and especially since the adoption of the Legislative Reorganization Act of 1946, the number of private bills enacted into law has been 

steadily declining. In the 110th and 111th Congresses, only two private bills 

were 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). 

175 

CHAPTER 6—BILLS AND RESOLUTIONS § 15 

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 §§ 895, 897. 

§ 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 § 3285; 7 Cannon 

§ 856. It is generally enacted only for those who have no other remedy 

available to them. Deschler Ch 24 § 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 § 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 § 3293. 

§ 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. Clause 

3 of rule XII; Manual § 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 § 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. 

176 

§ 16 HOUSE PRACTICE

Private bills called on the Private Calendar are reviewed by a committee 

of ‘‘official objectors’’ consisting of six Members—three from each party. 

As a matter of policy, the official objectors have traditionally required that 

bills must be on the Private Calendar for seven days before being called 

up. See PRIVATE CALENDAR. A Member serving as an official objector has 

periodically included in the Congressional Record an explanation of how 

bills on the Private Calendar are considered. Manual § 896. If two or more 

Members of the House object to a bill, it is recommitted to the committee 

that reported it. Manual § 895. However, such a bill may be ‘‘passed over 

without prejudice’’ by unanimous consent for subsequent consideration. 

Also, the provisions of a private bill may be reported back in an omnibus 

bill. See PRIVATE CALENDAR. In modern practice, private bills have not 

been scheduled by the Speaker for consideration under suspension of the 

rules. This procedure has been reserved for public bills. 

If the bill is unopposed, it is taken up in the House as in the Committee 

of the Whole. The procedure is as follows: 

SPEAKER: This is the day for the call of the Private Calendar. The Clerk 

will call the first omnibus bill on the calendar. . . . The Clerk will read 

the bill by title for amendment. [The Clerk reads the bill, and any committee amendments are reported and disposed of; thereafter, motions to 

amend are in order. See § 16, infra.] 

MEMBER: Ml. 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 

§ 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: Ml. 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 § 897. A private bill that has 

passed both Houses must be approved by the President or enacted over a 

veto to become law. 

§ 16. — Amendments 

A private bill is subject to amendment under the five-minute rule, pursuant to clause 5 of rule XV. Manual §§ 895, 897. However, a private bill 

for the benefit of one individual may not be amended so as to extend its 

177 

CHAPTER 6—BILLS AND RESOLUTIONS § 17 

provisions to another individual, even indirectly through a motion to recommit with instructions. 4 Hinds § 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 § 3292; 

7 Cannon § 860; see GERMANENESS OF AMENDMENTS. Motions to strike the 

last word—pro forma amendments—are not entertained. Deschler-Brown Ch 

29 § 70.7. 

When an amendment is offered, members of the reporting committee 

have priority in recognition to oppose the amendment. Deschler-Brown Ch 

29 § 13.23. 

§ 17. Uses of Private Bills 

Generally 

Under the modern practice, most private bills granting relief to individuals fall into one of four major categories: (1) bills involving claims against 

the United States or waiving claims by the Federal Government against specific individuals; (2) bills excepting named individuals from certain requirements of the immigration or naturalization laws; (3) conveyances of real 

property rights; and (4) tariff treatment for private entries. See §§ 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 introduced 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. 

178 

§ 18 HOUSE PRACTICE

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 § 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 § 3. The FTCA, for example, provides both administrative 

and judicial remedies in certain personal injury cases involving the negligence of Federal employees. 28 USC § 2671. 

§ 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 § 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, § 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 

reference of a private claim bill to a committee other than the Committee 

on the Judiciary or the Committee on Foreign Affairs. Manual § 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 its Subcommittee on Immigration Policy and Enforcement. The subcommittee may 

hold a hearing on the matter. The full committee files its report with the 

House, and the Speaker refers it to the Private Calendar. See also § 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 

179 

CHAPTER 6—BILLS AND RESOLUTIONS § 18 

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 §§ 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: 

0 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. 

0 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. 

0 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. 

0 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. 

0 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. 

0 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 § 863; 100-2, H.R. 3388, H. Rept. 100-551. 

180 

§ 19 HOUSE PRACTICE

0 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. 

0 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. 

0 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). 

0 To provide payment to an individual injured by a government-prescribed 

fire. 104-2, S. 966, H. Rept. 104-638. 

0 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. 

§ 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 § 3. 

Private bills have been used in specific cases to: 

0 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. 

0 Grant asylum to a Communist aviator who flew his plane to the West. 83- 

2, Priv. L. 380, H. Rept. 83-650. 

0 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. 

0 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. 

0 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. 

0 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. 

181 

CHAPTER 6—BILLS AND RESOLUTIONS § 21 

0 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 

§ 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 § 1065; see 

also APPROPRIATIONS, § 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 § 1064; see also APPROPRIATIONS, § 59a. 

Funding for Aviation Programs 

Section 206 of the Wendell H. Ford Aviation Investment and Reform 

Act for the 21st Century (Pub. L. 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 (updated to 2007 by Pub. L. 108-176), to restrict the uses of those 

resources, and to guarantee a certain level of appropriations. Manual 

§ 1064d; see also APPROPRIATIONS, § 59a. 

§ 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 

182 

§ 22 HOUSE PRACTICE

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 § 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 § 1068. 

§ 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 § 1068a. 

§ 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 § 823. 

§ 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 

183 

CHAPTER 6—BILLS AND RESOLUTIONS § 25 

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. 

§ 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. 

185 

Chapter 7 

Budget Process 

§ 1. In General 

§ 2. — Earlier Statutes 

§ 3. — The Paygo/Cutgo Rule 

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

§ 5. Committee Jurisdiction; Reports and Estimates 

§ 6. The Budget Timetable 

§ 7. Budget Resolutions; Consideration and Debate 

§ 8. — Amendments to Resolutions 

§ 9. — Debate on Conference Reports 

§ 10. — Budget Resolution to Precede Consideration of Related Legislation 

§ 11. Reconciliation Procedures 

§ 12. Adherence to Budget Resolution Spending and Revenue Levels 

§ 13. Other Spending Controls 

§ 14. — Sequestration 

§ 15. — New Contract Authority; New Borrowing Authority 

§ 16. — New Entitlement Authority 

§ 17. Social Security Funds 

§ 18. The Budget Process and the Public Debt Limit 

§ 19. Impoundments Generally 

§ 20. — Rescissions 

§ 21. — Deferrals 

§ 22. Unfunded Mandates 

§ 23. Earmarks 

§ 24. Recent Developments: The Budget Control Act of 2011 

Research References 

Deschler Ch 13 § 21 

Manual §§ 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 (GrammRudman) 

Balanced Budget and Emergency Deficit Control Reaffirmation Act of 

1987 

186 

§ 1 HOUSE PRACTICE

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 

Introduction to the Federal Budget Process, CRS, Dec. 2, 2010 

Budget Enforcement Act of 1997: Summary and Legislative History, CRS, 

Oct. 8, 1997 

§ 1. In General 

There are three stages in the complex process by which the Congress 

allocates the fiscal resources of the Federal government. First, there is an 

authorization process, under which Federal programs are created in response 

to national needs. Second, there is an appropriations process under which 

funding is provided for those programs. See APPROPRIATIONS. Finally, there 

is a congressional budget process that annually establishes an overall fiscal 

policy of spending and revenues and that institutes a complex web of procedures to enforce those budgetary decisions. The overall fiscal policy is established by the annual adoption of a concurrent resolution on the budget. 

The congressional budget process includes the development and consideration of reconciliation legislation to implement its most significant budget 

policies. These three stages are not necessarily considered or completed in 

chronological order. 

The enforcement of budgetary decisions encompasses both congressional and executive actions. Such enforcement is rooted principally in 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). A recent 

law, the Budget Control Act of 2011, also provides new enforcement mechanisms for budgetary decisions. See § 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 § 2, infra. StatPaygo 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 establishes a point of order if discretionary spending 

caps are violated and provides for sequestration if the product of a joint seVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00196 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 7—BUDGET PROCESS § 2 

lect committee on deficit reduction is not enacted into law by December 

2011. 

§ 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 § 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, both Houses enacted over President Nixon’s veto the Congressional Budget and Impoundment Control Act of 1974. 

Deschler Ch 13 § 21. The Act (2 USC § 601) consisted of 10 titles that established: 

0 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. 

0 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. 

0 Various enforcement procedures and provided for program review and evaluation. 

0 Standardized budget terminology. 

0 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. 

188 

§ 3 HOUSE PRACTICE

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 § 900. Conceived as a statutory 

response to the burgeoning Federal deficit, Gramm-Rudman instituted a single binding budget resolution, binding committee allocations, reconciliation, 

and enforcement of spending through sequestration. Gramm-Rudman included provisions amending the Budget Act to permit a new point of order 

against legislation exceeding the appropriate committee allocation (§ 302(f) 

of the Budget Act), exempting the title II Social Security program from reconciliation (§ 310(g) of the Budget Act), and precluding the breaching of 

budget authority or outlay ceilings or revenue floors, with certain exceptions 

(§ 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 (§ 251) and deficit targets (§ 253). 

Budget Enforcement Act of 1990; Revisions and Extensions 

The Budget Enforcement Act of 1990 (BEA of 1990) revised the 

Gramm-Rudman deficit targets, made deficit targets adjustable, and extended 

the sequestration process. It set limitations on distinct categories of discretionary spending and created 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. §§ 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. 

§ 3. — The Paygo/Cutgo Rule (Clause 10 of rule XXI) 

Generally 

At different times over the past three decades, different procedures in 

the House have fallen under the label ‘‘Pay-As-You-Go’’ or PAYGO. The 

term PAYGO was first used in law in section 252 of Gramm-Rudman as part 

189 

CHAPTER 7—BUDGET PROCESS § 3 

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 (StatPaygo), enacted on February 12, 2010 (Pub. L. 111-139). See § 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 to a procedure known as CUTGO in the 112th Congress. 

‘‘Cut-As-You-Go’’ changed the focus of the rule to increases in mandatory 

spending. As so amended, the rule operates independently of revenue 

changes and the status of the deficit or surplus. This section will address 

primarily the parliamentary procedures found in the House rules. 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 § 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, p ll. 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 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. 

190 

§ 3 HOUSE PRACTICE

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, p ll. 

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 

in the nature of a substitute 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 § 24, infra. 

191 

CHAPTER 7—BUDGET PROCESS § 4 

Reconciliation Directives 

Clause 7 of rule XXI also provides a point of order against concurrent 

resolutions on the budget that contain reconciliation directives that are not 

CUTGO-compliant. Specifically, 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. 

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

Generally 

The Statutory Pay-As-You-Go Act of 2010 (Pub. L. 111-139) was enacted on February 12, 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 Record by the chair of 

either the House or Senate Budget Committee 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. 

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 

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192 

§ 5 HOUSE PRACTICE

ment 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 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, p ll (submission with respect 

to a bill); 111-2, May 28, 2010, p ll (submission with respect to a House 

amendment to a Senate amendment), and 111-2, Nov. 15, 2010, p ll 

(joint submission with respect to a conference report). 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. § 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. § 4(g)(2). The Budget Control Act of 2011 provides a separate treatment for emergency designations and motions to strike such designations. See § 24, infra. 

§ 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 § 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. 

193 

CHAPTER 7—BUDGET PROCESS § 5 

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 § 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: 

0 An amendment directing that certain lease-purchase agreements be scored 

on an annual basis for budget purposes. 106-1, July 19, 1999, pp 16615, 

16616. 

0 An amendment designating an appropriation as ‘‘emergency spending’’ 

within the meaning of the budget-enforcement laws. 106-1, Sept. 8, 

1999, pp 20928-30. 

Separate orders contained in opening-day rules packages have confined 

the point of order under section 306 to bills and joint resolutions only. See, 

e.g., 107-1, H. Res. 5, Jan. 3, 2001, p 26; 108-1, H. Res. 5, Jan. 7, 2003, 

p 10; 109-1, H. Res. 5, Jan. 4, 2005, p 44; 110-1, H. Res. 6, Jan. 4, 2007, 

p 23; 111-1, H. Res. 5, Jan. 6, 2009, p ll; 112-1, H. Res. 5, Jan. 5, 2011, 

p ll. 

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. § 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. 

194 

§ 5 HOUSE PRACTICE

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. §§ 308(a)(1)(B), 402 of the Budget Act. A committee 

cost estimate identifying certain spending authority as recurring annually and 

indefinitely was held necessarily to address the five-year period required by 

this section. Manual § 844. 

Committee reports on legislation providing new budget authority or a 

change in revenues or tax expenditures are required to contain the estimates 

and other detailed information mandated by section 308(a) of the Budget 

Act. The information mandated by section 308(a) also is required under 

clause 3(c) 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 § 840. 

If a bill providing new budget authority is reported without an estimate 

of its cost, a point of order under clauses 3(c)(2) and 3(c)(3) of rule XIII 

(requiring that an estimate under sections 308 and 402 of the Budget Act 

be included in the report) may be made against consideration of the bill. 

However, a special order 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 § 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 the committees of the 

House and the Senate monthly reports detailing and tabulating the progress 

of congressional action on specified bills and resolutions. § 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. 

§ 308(b)(2) of the Budget Act. 

For a discussion of committee allocations, see § 12, infra. 

195 

CHAPTER 7—BUDGET PROCESS § 6 

§ 6. The Budget Timetable 

Section 300 of the Budget Act includes a nonmandatory timetable for 

various stages of the congressional budget process: 

0 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. 

0 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. 

0 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. 

0 On or before April 1—Senate Budget Committee reports concurrent resolution 

0 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 (§ 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. 

0 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. § 303(b)(2) of the Budget Act. 

0 On or before June 10—House Committee on Appropriations reports last annual appropriation bill 

0 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 

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§ 7 HOUSE PRACTICE

onciliation legislation (§ 310(f) of the Budget Act) and the 

annual appropriation bills (§ 309 of the Budget Act). 

0 On or before June 30—House completes action on annual appropriation 

bills 

0 October 1—Fiscal year begins 

Note: The fiscal year begins on October 1 and ends on 

September 30. If action on appropriation bills has not 

been completed by October 1, Congress may pass a 

‘‘continuing resolution’’ to provide appropriations on a 

temporary basis until the regular appropriation bills are 

enacted. 

Deadlines for other stages in the budget process, such as notification 

of adjustment in maximum deficit amounts, the President’s mid-session 

budget review, and various CBO and OMB sequestration reports, were provided for in section 254(a) of Gramm-Rudman. Other than October 1 (beginning of new fiscal year), the dates established in section 300 are targets 

to be met each year. Failure to meet the targets does not inhibit consideration of measures beyond those dates. 

Under clause 2(d) of rule X, each standing committee must submit its 

oversight plan for the Congress to the Committees on Oversight and Government Reform and House Administration 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. 

§ 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 § 1127. 

Section 301(b)(4) of the Budget Act permits a concurrent resolution on 

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CHAPTER 7—BUDGET PROCESS § 7 

poses of [the] Act.’’ This provision is sometimes referred to as the ‘‘elastic 

clause.’’ Textually, the ‘‘other matters’’ and ‘‘procedures’’ admitted by this 

section must: (1) relate to the budget; and (2) be appropriate to carry out 

the purposes of the Budget Act. 

Note: Matter included under the ‘‘elastic clause’’ must 

not include matter that would destroy the privilege of the 

concurrent resolution on the budget, such as by effecting 

a special order of business. The only matter in the nature 

of a special order of business that may be included in a 

privileged concurrent resolution on the budget is a reconciliation directive. See § 11, infra. 

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. 

§ 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. In recent Congresses 

such rules have permitted only designated amendments in the nature of substitutes, and perfecting amendments have been precluded. See, e.g., 103-2, 

H. Res. 384, Mar. 10, 1994, p 4346; 107-1, H. Res. 100, Mar. 28, 2001, 

p 4758; 111-1, H. Res. 305, Apr. 1, 2009, p ll. 

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. § 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 final passage 

without intervening motion. Neither a motion to recommit the resolution nor 

a motion to reconsider is in order. § 305(a)(2)-(5) of the Budget Act. The 

yeas and nays are required to be put on the question of final adoption of 

a concurrent resolution on the budget. Clause 10 of rule XX. 

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§ 8 HOUSE PRACTICE

A budget resolution being considered in Committee of the Whole has 

been held subject to a motion to rise and report the resolution back to the 

House with the recommendation that the resolving clause be stricken. 103- 

1, Mar. 18, 1993, p 5658. However, a motion to recommit pending House 

adoption of the concurrent resolution is not in order under section 305(a) 

of the Budget Act. 

A budget resolution may under some circumstances be divided so as 

to permit a separate vote on particular sections therein. Manual § 921. The 

question of adoption of a budget resolution containing one section revising 

the congressional budget for the fiscal year, preceded by sections setting 

forth budget targets for ensuing fiscal years as well as reconciliation instructions, and followed by a final section on reporting of certain fiscal information, was divided on the demand of a Member for two separate votes (1) 

on the first and final portions of the resolution and then (2) on the separable 

section in between. 96-2, May 7, 1980, pp 10185-87. The rule providing 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. 

§ 8. — Amendments to Resolutions 

Generally 

Under section 305(a)(5) of the Budget Act, amendments to budget resolutions are considered in the Committee of the Whole under the five-minute 

rule in accordance with rule XVIII. Under 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 § 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 

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CHAPTER 7—BUDGET PROCESS § 10 

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 § 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 has been conceded to be not germane. 

96-2, Nov. 18, 1980, p 30026. 

§ 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. 

§ 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 

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§ 11 HOUSE PRACTICE

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: 

0 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 § 1127. 

0 An amendment providing new entitlement authority to become effective in 

a fiscal year before adoption of the budget resolution for that year. Manual § 1127. 

0 An amendment providing new budget authority for a fiscal year, before 

adoption of a budget resolution for that year. Manual § 1127. 

0 A motion to recommit proposing an amendment providing an increase in 

revenues for a fiscal year before adoption of a budget resolution for that 

year. 105-2, July 24, 1998, pp 17198, 17276. 

While section 303 provides that a point of order lies only against a bill 

or joint resolution that has been reported (§ 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. 

Waivers of section 303 of the Budget Act have been provided pursuant 

to a special order of business from the Committee on Rules. See § 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. § 302(g) of the Budget 

Act. 

§ 11. Reconciliation Procedures 

Section 301(b)(2) of the Budget Act provides for the inclusion of reconciliation instructions in a budget resolution and for the reporting and consideration of reconciliation legislation. Reconciliation instructions direct 

committees to recommend changes in existing law to achieve the goals in 

spending or revenues contemplated by the budget resolution. If reconciliation instructs more than one committee in each House, then all committees 

instructed are to submit their recommendations to their respective Budget 

Committees. The Budget Committees then assemble, without substantive revision, all the recommendations into one bill for action by the House or 

Senate. § 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 

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CHAPTER 7—BUDGET PROCESS § 12 

(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 are not CUTGO-compliant. 

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. 

§ 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 (§ 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. 

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§ 12 HOUSE PRACTICE

The Chair has sustained points of order under section 311(a) of the 

Budget Act in the following instances: 

0 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. 

0 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. 

0 A motion to amend a Senate amendment providing new budget authority 

for official mail costs to be available immediately where the applicable 

total of new budget authority contained in the budget resolution had already been exceeded and where the Committee on Appropriations had 

exceeded its section 302(a) allocation (thereby rendering the section 

311(b) exception inapplicable). 101-1, Sept. 28, 1989, p 22267. 

‘‘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, e.g., 105-2, H. Res. 477, June 19, 1998, 

pp 12991, 12998; 106-1, H. Res. 5, Jan. 6, 1999, p 76; 107-2, H. Res. 428, 

May 22, 2002, p 8675; 108-1, H. Res. 5, Jan. 7, 2003, p 13. These resolutions often empower the chair of the Committee on the Budget to place allocations in the Record that are ‘‘deemed’’ in place for purposes of enforcing 

the Budget Act. 

Committee Allocations (§ 302 of the Budget Act) 

Section 302(a) of the Budget Act provides for an allocation to each 

committee of ‘‘appropriate levels’’ of new budget authority and outlays, 

which are published in the joint statement of managers accompanying a conference report on the budget resolution. 

Each committee is allocated an overall level for discretionary spending 

that is consistent with the congressional budget plan. Under section 302(b) 

of the Budget Act, the Committee on Appropriations of each House then 

subdivides its allocations among its subcommittees. Section 302(c) of the 

Budget Act precludes consideration of an appropriation measure until that 

committee has made its suballocation under section 302(b). Points of order 

under section 302(c) apply separately to the consideration of bills and 

amendments. Thus, a waiver of points of order against consideration of an 

appropriation bill before filing of a report from the Committee on Appropriations allocating new budget authority among its subcommittees does not 

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CHAPTER 7—BUDGET PROCESS § 12 

extend to an amendment providing new budget authority in addition to the 

amounts contained in the bill. 100-1, July 13, 1987, p 19514; 108-1, Jan. 

8, 2003, p 194. 

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: 

0 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. 

0 An amendment to a general appropriation bill proposing to strike a provision scored as negative budget authority and thus providing new budget 

authority in excess of the relevant allocation under section 302(b) of the 

Budget Act. 106-2, June 13, 2000, p 10505. 

0 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. 109-1, Mar. 15, 2005, p 4696. 

0 An amendment to a general appropriation bill proposing to strike a provision stating that a specified increment of new discretionary budget authority provided by the bill would ‘‘become available for obligation only 

upon the enactment of future appropriations legislation,’’ thus causing 

the bill to provide additional new discretionary budget authority in that 

incremental amount in excess of the relevant 302(b) allocation. 104-2, 

June 26, 1996, p 15563. 

0 A motion to commit a bill with instructions proposing to provide new 

budget authority in excess of the relevant 302(a) allocation. 108-1, Jan. 

8, 2003, p 193, 194. 

0 A motion to recommit a bill with instructions proposing to provide new 

budget authority in excess of the relevant 302(a) allocation. 106-2, June 

28, 2000, p 12750; 108-2, Apr. 2, 2004, p 6374; 108-2, July 22, 2004, 

p 17321. 

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 spending legislation if the committee reporting the measure 

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§ 13 HOUSE PRACTICE

has stayed within its section 302(a) allocation of new budget authority. See 

§ 311(c) of the Budget Act. Accordingly, for the purposes of section 311, 

the House may take up any spending measure that is within the appropriate 

committee allocations, even if (solely due to excessive spending within another committee’s jurisdiction) it would cause total spending to be exceeded. 

Emergency Spending 

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 § 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 §§ 3, 4, supra. 

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. 

A similar authority is provided in the House CUTGO rule and Stat-Paygo. 

§ 13. Other Spending Controls 

Generally 

For a detailed explanation of deficit targets, discretionary spending limits, and PAYGO processes, see Introduction to the Federal Budget Process, 

CRS, Dec. 2, 2010. 

§ 14. — Sequestration 

Sequestration (an automatic spending reduction process) involves the 

issuance of a Presidential order that permanently cancels budgetary authority 

205 

CHAPTER 7—BUDGET PROCESS § 15 

(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 StatPaygo, 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 § 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. 

§ 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. A conVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00215 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 16 HOUSE PRACTICE

ference report authorizing the Secretary of Health, Education, and Welfare 

to borrow funds by issuing government notes as a public debt transaction, 

not subject to amounts specified in advance in appropriation Acts, was conceded to violate section 401(a) of the Budget Act and was ruled out on a 

point of order. 94-2, Sept. 27, 1976, p 32655. Whether or not an amendment 

to a pending measure violates section 401(a) of the Budget Act is determined by its marginal effect on the pending measure (rather than current 

law). See 102-2, Mar. 26, 1992, p 7183. 

§ 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. § 3(9) of the Budget Act; Manual § 1127. The Chair 

contemplates immediate enactment to determine when an entitlement takes 

effect. Manual § 1127. 

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

0 A conference report requiring the Secretary of Agriculture to pay a cost 

of transporting agricultural commodities to major disaster areas. 

0 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. 

0 An amendment enlarging the class of persons eligible for a government 

subsidy. 

Manual § 1127. 

The following examples have been held not to provide new entitlement 

authority within the meaning of the Budget Act: 

0 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. 

0 An amendment establishing a new executive position at a specified compensation level but subjecting its salary to the appropriation process. 

Manual § 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 ll. 

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CHAPTER 7—BUDGET PROCESS § 18 

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 § 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. 

§ 17. Social Security Funds 

Receipts and disbursements of the Social Security trust funds are not 

to be counted as new budget authority, outlays, receipts, or as deficit or surplus. Under section 13301 of the BEA of 1990, the off-budget status of 

these programs applies for purposes of the President’s budget, the congressional budget, and under Gramm-Rudman. Manual § 1129. 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 § 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). 

§ 18. The Budget Process and the Public Debt Limit 

A limit on the public debt is fixed by law. 31 USC § 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 generated and deemed passed a 

joint resolution automatically upon adoption by Congress of a concurrent 

resolution on the budget that sets forth a level of the public debt that is 

different from the statutory limit. Rule 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 § 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 § 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 

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§ 19 HOUSE PRACTICE

tion 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. 

§ 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 § 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. §§ 1012, 1013 of the Impoundment 

Control Act; 2 USC § 681. 

The Impoundment Control Act was enacted by Congress in an effort 

to control the budgetary impoundment powers asserted by the President. As 

the court noted in City of New Haven, Conn. v. United States, 634 F. Supp. 

1449 (D.D.C. 1986), in the early 1970’s the President began to use impoundments as a means of shaping domestic policy, withholding funds from 

various programs he did not favor. The legality of these impoundments was 

repeatedly litigated, and by 1974, impoundments had been vitiated in many 

cases. See, e.g., National Council of Community Mental Health Centers, Inc. 

v. Weinberger, 361 F. Supp. 897 (D.D.C. 1973) (public health funds). 

§ 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. § 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. 

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CHAPTER 7—BUDGET PROCESS § 21 

§ 1012(b) of the Impoundment Control Act. If the rescission bill is not approved, the President must allow the full amount appropriated to be spent. 

City of New Haven, Conn. v. United States, 634 F. Supp. 1449, 1452 

(D.D.C. 1986). 

The 45-day period prescribed by the Act applies only to the initial consideration of the bill; the consideration of a conference report on such a bill 

is subject only to the general rules of the House relating to conference reports and is not prevented by the expiration of the 45-day period following 

the initial consideration of the bill. Manual § 1130(6A). 

The Impoundment Control Act sets forth detailed procedures expediting 

and governing the consideration of a rescission bill introduced under its provisions. § 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 

§§ 1038, 1043, 1052. However, this exception does not extend to amendments or to the rescission of contract authority provided by a law other than 

an appropriations Act. Manual § 1052. 

§ 21. — Deferrals 

Under section 1013(a) of the Impoundment Control Act of 1974, the 

President must notify Congress of the proposed deferral of any budget authority, the reasons for the deferral, the impact the deferral will have on the 

programs involved, and ‘‘any legal authority invoked to justify the proposed 

deferral.’’ 2 USC § 684(a). 

Until 1986 the Act was used frequently as the basis for Presidential deferral proposals and for their consideration by the Congress. Section 1013 

of the Impoundment Control Act allows a deferral to be overridden by a 

resolution of disapproval passed by either House. Congress could reject the 

proposal by one-House veto or in subsequent legislation. Today, the Congress may disapprove a deferral only through the enactment of a law (often 

an appropriation Act). It may not do so through a resolution of disapproval 

only by one House under court rulings. Manual § 1130. 

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§ 21 HOUSE PRACTICE

In 1986 a suit was brought to contest the validity of certain deferrals 

proposed by the President under section 1013 of the Impoundment Control 

Act. In November 1985, the President had signed the fiscal year 1986 appropriations bill for the Department of Housing and Urban Development, 

which appropriated funds for certain community development programs. In 

February 1986, the President sent impoundment notices to Congress pursuant to the Act announcing his deferrals of the expenditure of funds for the 

programs at issue. The plaintiffs in the suit included various cities, community groups, and Members of Congress. The plaintiffs challenged as unconstitutional the provision allowing a so-called one-House legislative veto of 

impoundments proposed by the President, such vetoes having been declared 

unconstitutional under the Supreme Court decision in Immigration and Naturalization Service v. Chadha, 462 U.S. 919, 103 (1983). The plaintiffs argued that the unconstitutional legislative veto provision contained in section 

1013 rendered the entire section invalid, leaving the President without statutory authority on which to base the deferrals in question. After analyzing 

the intent of Congress in enacting section 1013, the District Court for the 

District of Columbia held that the section’s unconstitutional legislative veto 

provision was inseverable from the remainder of the section. City of New 

Haven, Conn. v. United States, 634 F. Supp. 1449 (D.D.C. 1986). Accordingly, the court declared section 1013 void in its entirety and ordered the 

defendants to make the deferred funds available for obligation. City of New 

Haven, 634 F. Supp. 1460. The judgment of the District Court in striking 

down section 1013 in its entirety was affirmed by the U.S. Court of Appeals. City of New Haven, Conn. v. United States, 809 F.2d 900 (D.C. Cir. 

1987). 

In 1987, after section 1013 of the Impoundment Control Act was declared unconstitutional, the Act was amended to exclude the one-House legislative veto procedure, and limitations were placed on the purposes for 

which deferrals could be made. Section 1013 of the Impoundment Control 

Act now permits deferrals only in three specified situations: ‘‘to provide for 

contingencies,’’ ‘‘to achieve savings made possible by or through changes 

in requirements or greater efficiency of operations,’’ or ‘‘as specifically provided by law.’’ The same language is used in the Anti-Deficiency Act. 31 

USC § 1512(c)(1). The purpose of such language was to preclude the President from invoking section 1013 as authority for implementing ‘‘policy’’ 

impoundments, while preserving the President’s authority to implement routine ‘‘programmatic’’ impoundments. City of New Haven, Conn. v. United 

States, 809 F.2d 906 (note). 

211 

CHAPTER 7—BUDGET PROCESS § 23 

Unreported Deferrals 

Section 1015(a) of the Impoundment Control Act (2 USC § 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. 

§ 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 §§ 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 § 1127. 

Section 426(b) of the Budget Act requires a Member raising a point of 

order under section 425 to specify the precise language upon which the 

point of order is based. 104-2, May 23, 1996, p 12283. Debate on the point 

of order is on the question of consideration of the underlying text that is 

the subject of the point of order. The Members controlling debate on the 

point of order may reserve their time, and a manager of a measure who controls time for debate against the point of order has the right to close debate. 

A point of order under section 426 against consideration of a resolution providing a special order of business that waives section 425 or self-executes 

the adoption of an amendment must be made when the special order of business is called up and comes too late after the resolution has been adopted. 

104-2, July 18, 1996, p 17668. A point of order under section 425 against 

consideration of a bill is properly raised pending the Speaker’s declaration 

that the House resolve into the Committee of the Whole for such consideration. 105-1, Oct. 29, 1997, p 23712. 

§ 23. Earmarks 

While only indirectly related to the congressional budget process, the 

subject of earmarks has engendered special scrutiny in the House in recent 

212 

§ 23 HOUSE PRACTICE

years. 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). 

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 

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 

213 

CHAPTER 7—BUDGET PROCESS § 24 

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 § 1068d. 

§ 24. Recent Developments: The Budget Control Act of 2011 

Generally 

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 required 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). 

Discretionary Spending Caps 

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. 

Emergencies 

The Budget Control Act of 2011 provided 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 

214 

§ 24 HOUSE PRACTICE

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. 

Balanced Budget Amendment 

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. The law required that each body vote after September 

30, 2011 and before December 31, 2011, on final passage of a joint resolution with the title: ‘‘Joint resolution proposing a balanced budget amendment to the Constitution of the United States.’’ The Act also prescribed expedited procedures for consideration of a qualifying joint resolution passed 

by the other body. 

Debt Limit Increases 

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. The congressional disapproval procedures 

for the debt limit increases were modeled on those found in the Emergency 

Economic Stabilization Act of 2008 (Pub. L. 110-343). Those procedures included an overall calendar day cap on congressional consideration (including 

tolling in the event of a veto), referral to the Committee on Ways and 

Means, a privileged motion to discharge the committee after six calendar 

days, unamendability in the committee and the full House, and a vote on 

passage following two hours of debate. 

215 

CHAPTER 7—BUDGET PROCESS § 24 

Joint Select Committee on Deficit Reduction 

The Budget Control Act of 2011 provided for 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 committee was ‘‘to 

reduce the deficit by at least $1.5 trillion over the period of fiscal years 

2012 to 2021.’’ The joint committee was required to report recommendations back to Congress and such product of the committee would then be 

subject to expedited procedures in both Houses. The Act provided that the 

joint committee terminate on January 31, 2012. 

217 

Chapter 8 

Calendar Wednesday 

§ 1. In General; Forms 

§ 2. Business Considered on Calendar Wednesday 

§ 3. — In Committee of the Whole 

§ 4. Privilege and Precedence of Calendar Wednesday Business 

§ 5. The Call of Committees 

§ 6. Calling Up Calendar Wednesday Business; Authorization 

§ 7. The Question of Consideration 

§ 8. Consideration and Debate 

§ 9. Unfinished Business; Effect of Previous Question 

§ 10. Dispensing with Calendar Wednesday 

Research References 

7 Cannon §§ 881-971 

Deschler Ch 21 § 4 

Manual §§ 900, 901 

§ 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 

unprivileged bills on the House and Union Calendars. The Calendar 

Wednesday procedure is utilized infrequently due to its cumbersome operation and to the fact that unprivileged bills may be considered more effectively pursuant to other procedures, such as a special order of business from 

the Committee on Rules, suspension of the rules, or unanimous consent. 

Deschler Ch 21 § 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 § 900; § 10, infra. 

218 

§ 2 HOUSE PRACTICE

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): Ml. Speaker, by 

direction of the Committee on lllll, I call up H.R. lll. 

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. § 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 gentlelll from lll 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. lll, 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 gentlelll from lll [usually the chair of 

the committee], for the hour in favor of the bill and later the gentlelll 

from lll [usually the ranking minority member of the committee], for 

the hour in opposition. The gentlelll from lll is recognized. 

§ 2. Business Considered on Calendar Wednesday 

Committees called under the Calendar Wednesday rule may call up for 

consideration any unprivileged bill on either the House or the Union Calendar but not on the Private Calendar. Manual § 900; Deschler Ch 21 § 4. 

No priority is given to bills on the House or the Union Calendar. 7 Cannon 

§§ 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 unprivileged public bills. Manual § 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 

§ 936. Unprivileged bills given privileged status by unanimous-consent 

219 

CHAPTER 8—CALENDAR WEDNESDAY § 3 

agreement or special order of business are ineligible for consideration under 

the Calendar Wednesday procedure. 7 Cannon §§ 932-935. 

The purpose of the Calendar Wednesday rule is to preserve that day for 

the class of legislation specified by the rule—namely, unprivileged bills. 

Manual § 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 § 907. 

When Calendar Wednesday business is being considered under the rule, 

it is not in order to: 

0 Move a change of reference. 7 Cannon §§ 884, 2117. 

0 Call up a conference report. 7 Cannon §§ 899-901. 

0 Offer a motion for recess. Manual § 900. 

0 Call up a privileged bill, pursuant to a special order of business. 7 Cannon 

§§ 932, 934, 935. 

0 Call up a private bill. Deschler Ch 21 § 4.10. 

0 Consider business coming over from a prior legislative day with the previous question ordered. 7 Cannon § 890. 

0 Call up a resolution of inquiry or move to discharge a committee from the 

consideration of such a resolution. 7 Cannon §§ 896-898. 

On Calendar Wednesdays, the Speaker ordinarily declines to entertain 

unanimous-consent requests not connected with Calendar Wednesday business. 7 Cannon §§ 882-888. However, the House may by unanimous consent, prior to the call of committees on Calendar Wednesday, permit a oneminute speech (Deschler-Brown Ch 29 § 10.62), allow a bill to be sent to 

a conference (Manual § 901), or permit consideration of a resolution electing 

a committee chair (98-2, Jan. 25, 1984, p 357). 

§ 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 § 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 §§ 940, 942, 966; Deschler Ch 21 § 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 § 943. 

220 

§ 4 HOUSE PRACTICE

For a discussion of resolving into the Committee generally, see COMMITTEES OF THE WHOLE. 

§ 4. Privilege and Precedence of Calendar Wednesday Business 

No business in order on Calendar Wednesday may precede a properly 

requested call of committees. Manual § 900; 7 Cannon § 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 

§ 871. It takes precedence over other business privileged under the rules, but 

not over a veto message privileged under the Constitution (Deschler Ch 21 

§ 4.6), a question of privilege (7 Cannon §§ 908-911; Deschler Ch 21 § 4.5), 

or the administration of the oath to Members (6 Cannon § 22). When the 

call of committees is completed on Calendar Wednesday, business otherwise 

in order may be called up on that day. 7 Cannon § 921. 

The call of committees on Calendar Wednesday has precedence over: 

0 The consideration of conference reports. 7 Cannon §§ 899-901. 

0 The motion to go into Committee of the Whole to consider revenue and 

appropriation bills. 7 Cannon § 904. 

0 Business on which the previous question is operating and undisposed of at 

adjournment on the preceding day. 7 Cannon § 890. 

0 The motion for change of reference to committees. 7 Cannon §§ 883, 884. 

0 Privileged resolutions of inquiry. 7 Cannon § 896. 

0 Contested election cases. 7 Cannon § 903. 

0 Motions to reconsider. 7 Cannon § 905. 

0 Certain procedural propositions relating to impeachment. 7 Cannon § 902. 

0 Budget messages from the President. 7 Cannon § 914. 

0 Senate bills privileged because of similarity to a bill on the House Calendar. 7 Cannon § 906. 

0 Unanimous-consent requests generally. 7 Cannon §§ 882-888. 

Motions to reconsider may be entered but not considered. 7 Cannon 

§ 905. Privileged reports may be presented for printing but without the right 

to call up for immediate consideration. 7 Cannon § 907. 

§ 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 §§ 922, 923, 925. Select committees with legislative jurisdiction are called after standing committees. Deschler Ch 21 § 4. When a 

committee is reached during a Calendar Wednesday call of committees, it 

221 

CHAPTER 8—CALENDAR WEDNESDAY § 7 

is ordinarily not in order to ask recognition for any purpose other than to 

call up a bill for consideration. 6 Cannon § 754. 

During a call of committees under the rule, a committee may not yield 

or exchange its order of rotation. 7 Cannon § 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 § 926. 

§ 6. Calling Up Calendar Wednesday Business; Authorization 

Generally 

The Calendar Wednesday rule permits committees to call up 

unprivileged bills from either the House Calendar or the Union Calendar, 

provided that there has been compliance with other rules of the House requiring that the measure and the report thereon be available for three days 

prior to consideration. Manual §§ 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 § 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 § 4.16. However, any other 

committee member must obtain specific authorization from the committee 

to call up a reported bill on Calendar Wednesday. Manual § 901; 4 Hinds 

§ 3128; 7 Cannon §§ 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 § 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 §§ 928, 929. Only the Member authorized by the committee reporting the bill may call up that bill on Calendar Wednesday. 

Deschler Ch 21 § 4.12. It is within the discretion of the committee to determine which member to authorize to call up the bill. Deschler Ch 21 § 4.15. 

Withdrawal 

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

§ 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 § 4.18. The question 

is properly raised after the Clerk has read the title of the bill. Deschler Ch 

222 

§ 8 HOUSE PRACTICE

21 § 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 § 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 § 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 § 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 § 4.25. 

§ 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 §§ 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 § 900. This provision has been construed as applying only in the Committee of the Whole. 7 Cannon § 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 § 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 § 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 § 4.24. 

They are entitled to prior recognition to oppose it, but if no member of the 

committee rises to oppose it, any Member may be recognized in opposition. 

7 Cannon §§ 958, 959. The bill is read for amendment at the conclusion of 

223 

CHAPTER 8—CALENDAR WEDNESDAY § 10 

an hour in favor of the bill if no one rises in opposition. 7 Cannon §§ 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 fiveminute rule and read by section for amendment. 7 Cannon § 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. 

§ 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 §§ 895, 967; Deschler Ch 21 

§§ 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 § 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 §§ 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 § 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 § 970. 

§ 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. 

225 

Chapter 9 

Calendars 

§ 1. In General; Kinds of Calendars 

§ 2. Referrals to Calendars 

§ 3. — Erroneous Referrals 

§ 4. Discharge From Calendars 

§ 5. The Corrections Calendar 

Research References 

4 Hinds §§ 3115-3118 

7 Cannon §§ 881-1023 

Deschler Ch 22 §§ 1, 2 

Manual §§ 828-830, 892, 898, 899 

§ 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: 

0 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 § 828. 

0 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 § 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 §§ 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 § 2401. 

0 The Private Calendar (to which are referred bills of a private character). 

See PRIVATE CALENDAR. 

0 The Discharge Calendar (to which are referred motions to discharge committees). Manual §§ 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. 

226 

§ 2 HOUSE PRACTICE

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 unprivileged bills on the 

House and Union Calendars. See CALENDAR WEDNESDAY. Bills listed on 

the leadership’s ‘‘suspension calendar’’ are those intended to be taken up 

by motions to suspend the rules on Mondays, Tuesdays, and Wednesdays. 

See SUSPENSION OF RULES. 

§ 2. Referrals to Calendars 

Measures Reported Favorably 

Bills that are favorably reported from a committee are referred to the 

appropriate calendar under the direction of the Speaker unless referred to 

other committees under clause 2 of rule XII. Manual § 816. Public bills favorably reported are referred either to the Union Calendar or to the House 

Calendar. Deschler Ch 22 § 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 § 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 § 1.1. Under clause 2(a)(2) of rule 

XIII, Members have three days in which to request such a referral. Manual 

§ 832. Such request is normally communicated by the committee to the 

Clerk at the time of reporting, although it also may be made by a Member 

from the floor. Absent such a request, an adversely reported measure is laid 

on the table. Manual § 832. Thereafter, it may be taken from the table and 

placed on the calendar only by unanimous consent. 6 Cannon § 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 § 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 § 3117. 

227 

CHAPTER 9—CALENDARS § 5 

§ 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 § 828; 6 Cannon §§ 746, 747. Such 

a point of order is untimely if made after consideration of the measure has 

begun. 7 Cannon § 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 § 828; 7 Cannon § 859. Thus, a private bill erroneously referred to 

the Union Calendar may be transferred to the Private Calendar by direction 

of the Speaker. Manual § 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 § 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 § 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 § 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 

§§ 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 § 2616. 

§ 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 § 816. 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 a bill from the Union Calendar and refer for 

15 days to the Committee on Appropriations bills reported by another committee providing certain new entitlement authority. Manual §§ 747, 1127. 

§ 5. The Corrections Calendar 

The former Corrections Calendar (established in the 104th Congress as 

a replacement for the Consent Calendar) was abolished in the 109th Congress. Manual § 898. 

229 

Chapter 10 

Chamber, Rooms, and Galleries 

§ 1. In General; Use of the Hall 

§ 2. Admission to the Floor 

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

§ 4. Galleries and Corridors 

§ 5. Photographs; Radio and Television Coverage 

Research References 

5 Hinds §§ 7270-7311 

8 Cannon §§ 3632, 3636-3643 

Deschler Ch 4; Deschler-Brown Ch 29 § 85 

Manual §§ 677-684 

§ 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 § 623. Control of the appropriated rooms in the House wing is exercised by the House itself. 5 Hinds 

§§ 7273-7279. Resolutions assigning a room to a committee have been considered as privileged. 5 Hinds § 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 §§ 623, 677. In rare instances the House has permitted the Hall to be used for ceremonial or special occasions. 8 Cannon § 3632; Deschler Ch 4 §§ 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. 111- 

1, Jan. 6, 2009, p ll; 112-1, Jan. 5, 2011, p ll. 

230 

§ 2 HOUSE PRACTICE

Disorderly or disruptive acts in the Capitol are unlawful, and unauthorized demonstrations are prohibited by law. 40 USC § 5104(e)(2)(D). The unauthorized presence of persons on the floor of either House or in the gallery 

of either House is prohibited. 40 USC § 5104(e)(2)(B). Disorder in the 

House, see CONSIDERATION AND DEBATE. 

§ 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 § 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 Memberrespondent during consideration of a disciplinary resolution reported from 

the Committee on Ethics, and other named officials. Manual § 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 § 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 § 4.5. 

It is not in order to refer to persons temporarily on the floor of the 

House as guests of the House, such as Members’ children, other children, 

or Senators exercising floor privileges. Manual § 678. Although Senators 

have floor privileges, they are not entitled to address the House. Deschler 

Ch 4 § 4.8. 

The rule is strictly enforced during regular meetings. However, the rule 

is less strictly enforced on ceremonial occasions (5 Hinds § 7290) or when 

the House is in recess during a joint meeting with the Senate (Deschler Ch 

4 § 4). The rule is not applicable to joint sessions of the two Houses. 5 

Hinds § 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 § 7285. 

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CHAPTER 10—CHAMBER, ROOMS, AND GALLERIES § 2 

The Speaker has the authority to exclude an individual who abuses the 

privileges of the floor. 5 Hinds § 7288. An alleged abuse of the privilege 

of the floor may be made the subject of an inquiry by a special committee. 

5 Hinds § 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 § 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 § 680. A former Member 

may not manifest approval or disapproval of the proceedings. 8 Cannon §

3635. For more information on floor privileges of former Members, see 

Manual § 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 § 680. For a list of regulations issued by the Speaker under this rule, 

see Manual § 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 § 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 § 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 

232 

§ 3 HOUSE PRACTICE

not entitled to the floor. Deschler Ch 4 § 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 § 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 § 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 9 of rule XVII; 

Manual § 969; Deschler-Brown Ch 29 § 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 

§ 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 § 1095. 

§ 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 §§ 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 §§ 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 § 1016; 

8 Cannon §§ 3153, 3155, 3157; see also VOTING. 

The use of a mobile electronic device on the floor of the House that 

impairs decorum 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 § 962. 

Microphones have been placed on the floor of the House for the use 

of Members. A Member making an appropriate request should use one of 

the floor microphones so that all Members may hear the request. 94-1, Oct. 

28, 1975, p 34027. A Member may speak at any microphone on the floor. 

233 

CHAPTER 10—CHAMBER, ROOMS, AND GALLERIES § 5 

Manual § 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 § 11.19. 

§ 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 §§ 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 § 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 § 622. The 

chair of the Committee of the Whole may exercise similar power in preserving order in the galleries. Manual § 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 § 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 §§ 5.3, 5.4. 

§ 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 § 3.5 

(note). 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; 111-1, 

H. Res. 658, July 17, 2009, p ll. 

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 

234 

§ 5 HOUSE PRACTICE

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 § 684. 

In 1984, a question arose as to the authority of the Speaker to require 

wide-angle television coverage of the House Chamber during special-order 

speeches. In that instance, the Speaker’s directive that television cameras 

covering special-order speeches of the House at the completion of legislative 

business include periodic wide-angle coverage of the entire House Chamber 

was held to be consistent with the authority conferred upon the Speaker 

under rule V. Manual § 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 § 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 § 11.19. 

235 

Chapter 11 

Committees 

A. GENERALLY; ESTABLISHING COMMITTEES

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

§ 2. Establishing Committees 

§ 3. Committee Expenses; Funding 

B. CHAIRS, MEMBERS, AND STAFF; ELECTIONS AND

APPOINTMENTS

§ 4. In General; Membership and Seniority 

§ 5. Numerical Composition of Committees; Party Ratios 

§ 6. The Chair’s Role 

§ 7. Committee Employees and Staff 

C. COMMITTEE FUNCTIONS; JURISDICTION AND AUTHORITY

§ 8. Legislative Jurisdiction 

§ 9. Oversight Jurisdiction 

§ 10. Investigative Jurisdiction and Authority 

§ 11. Standing Committees 

§ 12. Select Committees 

§ 13. — Particular Uses of Select Committees 

§ 14. Joint Committees 

D. PROCEDURE IN COMMITTEES

§ 15. Committee Rules; Applicable House Rules 

§ 16. Records, Files, and Transcripts; Disclosure and Disposition; 

Member Access 

§ 17. Meetings 

§ 18. — Consideration and Debate; Voting 

§ 19. Hearings 

§ 20. Hearings and Meetings as Open or Closed 

§ 21. Quorum Requirements 

§ 22. — In Ordering a Report to the House 

§ 23. — Points of Order Based on Reporting Requirements 

§ 24. Witnesses 

236 

§ 1 HOUSE PRACTICE

§ 25. — Rights or Privileges of Witnesses 

§ 26. — Proceedings Against Recalcitrant Witnesses 

§ 27. Media Coverage of Hearings and Meetings 

E. COMMITTEE REPORTS

§ 28. In General 

§ 29. Form and Contents of Report 

§ 30. Comparative Prints; The Ramseyer Rule 

§ 31. Printing; Referral to Calendars 

§ 32. Supplemental, Minority, and Additional Views 

§ 33. Filing Reports 

§ 34. Calling Up; Time to Report 

§ 35. Availability (‘‘Layover’’) Requirements 

§ 36. Points of Order Relating to Reports 

Research References 

4 Hinds §§ 4019-4703 

7 Cannon §§ 1721-2170; 8 Cannon §§ 2171-2317 

Deschler Ch 17 

Manual §§ 714-814, 816, 831-863 

A. Generally; Establishing Committees 

§ 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 § 446. A committee may report a measure with or without amendments (which may rewrite the measure entirely), report adversely, or fail to 

237 

CHAPTER 11—COMMITTEES § 1 

report the measure at all. For a discussion of discharge procedures, see DISCHARGING MEASURES FROM COMMITTEES. 

The role of the committee does not terminate with the reporting of the 

bill to the House. When a bill reaches the floor, members of the committee 

reporting it are entitled to 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 §§ 4403-4405; see § 12, infra. Joint committees take up matters of 

concern to both Houses. See § 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 

§ 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 wideranging debate and to expedite legislation. The Committee of the Whole 

itself has no power to authorize or appoint a committee. 4 Hinds § 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. 

238 

§ 1 HOUSE PRACTICE

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. 

See, e.g., 107-1, H. Res. 5, Jan. 3, 2001, p 26; 108-1, H. Res. 5, Jan. 7, 

2003, p 11. 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 § 762; see § 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 § 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 § 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 twoyear 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 § 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 

239 

CHAPTER 11—COMMITTEES § 2 

creating them. Deschler Ch 17 §§ 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 §§ 4403-4405. A select committee that expires in 

one Congress may be reconstituted in the next. Deschler Ch 17 § 5.5. In one 

instance, a select committee was reconstituted (and its existence extended 

through subsequent resolution) solely for the purpose of completing activities directly associated with the declassification and public release of its report. Manual § 1112a. 

Joint committees established by statute remain in existence beyond the 

Congress in which they were created unless otherwise provided, although 

the members thereof must be chosen anew in each Congress. Deschler Ch 

17 § 1. 

§ 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 

§§ 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 §§ 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 §§ 5.3, 5.5. However, in one 

instance, a select committee was created pursuant to a floor amendment (offered to the Committee Reform Amendments of 1974). 93-2, H. Res. 988, 

Oct. 8, 1974, p 34470. In another instance, a select committee was created 

as a separate order included in a resolution adopting the standing rules of 

the House. 108-1, H. Res. 5, Jan. 7, 2003, p 11. 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 

240 

§ 2 HOUSE PRACTICE

order included in a resolution adopting the standing rules of the House. 110- 

1, H. Res. 35, Jan. 9, 2007, p 567. For a list of current select committees, 

see Manual §§ 1112a, 1112b. 

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 §§ 5.2, 5.3; § 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 § 853; Deschler Ch 17 § 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 § 1.1 (note). However, if such a resolution is referred to another committee for consideration 

of a provision that also is privileged, both committees may report the resolution as privileged. See, e.g., 102-1, H. Res. 258, Nov. 19, 1991, p 32903 

(resolution contained a provision funding the select committee from the 

‘‘applicable accounts of the House’’). 

Special Ad Hoc Committees 

Under the earlier practice of the House, special committees to consider 

a particular matter could be established by way of a motion or other proposition to refer. 4 Hinds §§ 4401, 4402; 5 Hinds §§ 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 

§ 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 § 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 parVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00250 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
241 

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ticular 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 § 816b. 

Joint Committees 

Joint committees are created by law or by concurrent resolution. Manual §§ 1108-1112; Deschler Ch 17 § 7; see § 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 § 371; Deschler 

Ch 17 §§ 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 § 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 § 7.1. However, such a resolution may not be reported as 

privileged if it contains an authorization for appropriations. Deschler Ch 17 

§ 7.5. Debate on the resolution is under the hour rule. Deschler Ch 17 § 7.1. 

Commissions 

Commissions are ordinarily created by statute. See, e.g., the Abraham 

Lincoln Bicentennial Commission (36 USC § 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 ll (re-established in succeeding 

Congresses). 

§ 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, p ll. 

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. 

242 

§ 4 HOUSE PRACTICE

The primary and supplemental expense resolutions, are subject to a onecalendar-day layover requirement. A supplemental expense resolution that is 

not reported by the Committee on House Administration may be considered 

by unanimous consent (subject to the Speaker’s guidelines for recognition 

of unanimous-consent requests). 107-2, H. Res. 359, Mar. 7, 2002, p 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 

§ 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 § 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 §§ 317, 757; 4 Hinds § 4513; 8 Cannon 

§ 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 § 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 § 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 § 8.1. Such a resolution is normally called up as privileged 

by the chair of the majority party caucus, often as part of a resolution electing all majority members to those committees. Deschler Ch 17 § 8.7 (note). 

For an example of a resolution electing only committee chairs, and one 

243 

CHAPTER 11—COMMITTEES § 4 

electing only ranking minority members, see 111-1, H. Res. 8 and H. Res. 

12, Jan. 6, 2009, p ll, p ll. 

In the event of a permanent vacancy in the elected chair, the House 

elects a successor pursuant to a privileged resolution. Manual § 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 §§ 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 § 761. 

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 § 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 §§ 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 § 9.1. Such a resolution 

is not divisible under clause 5(b)(1) of rule XVI. Manual § 919. However, 

it is debatable and subject to amendment until such time as the previous 

question is ordered. 8 Cannon §§ 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 § 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 § 11.1. A resolution electing a Member to a committee may include the designation of rank 

on the committee (Deschler Ch 17 § 9.6) and may be made effective retroVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00253 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
244 

§ 5 HOUSE PRACTICE

actively (Deschler Ch 17 § 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. 

§ 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 § 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 § 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 § 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 § 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 § 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 § 2184. 

§ 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: 

0 Presides over committee meetings. Manual § 317. 

0 Schedules meetings and hearings subject to rule XI. 

0 Administers oaths to witnesses in hearings in the committee or delegates 

that authority. Manual § 805; 2 USC § 191. In one instance, the chair of 

an investigating committee administered the oath to himself and testified. 

3 Hinds § 1821. 

0 May punish breaches of order and decorum by censure and exclusion from 

hearings. Manual § 803. 

245 

CHAPTER 11—COMMITTEES § 8 

0 Authorizes and issues subpoenas when the power to do so has been delegated by the committee. Manual § 805. 

0 Fixes, within certain guidelines, the salaries of staff. Manual § 777. 

0 Submits committee reports to the House, even if not concurring therein. 

Clause 2(b)(1) of rule XIII; 4 Hinds §§ 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 §§ 4669, 4672, 4673. 

0 Submits privileged reports to the House from the floor. Manual § 418. 

0 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 § 834; 2 Hinds §§ 1452, 

1457; 6 Cannon §§ 296, 300. 

0 Receives priority in recognition when Senate amendments to the bill are 

debated. 2 Hinds § 1452. 

§ 7. Committee Employees and Staff 

The employment of committee staff is governed by clause 9 of rule X 

(Manual §§ 771-781) and by statute (see, e.g., 5 USC §§ 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 §§ 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 

§ 8. Legislative Jurisdiction 

Generally; Referrals and Rereferrals 

The legislative jurisdiction of each standing committee is specified and 

defined by rule X. Manual §§ 714-41. 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 § 816. Under clause 2(c)(1) of rule 

246 

§ 8 HOUSE PRACTICE

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 § 816. Under clause 2 of 

rule XII, the Speaker also may refer a measure sequentially to a committee 

upon reporting by the committees of initial referral. The Speaker imposes 

time limits on 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 §§ 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 §§ 4362-4364, 4375; 5 Hinds § 5527; 7 Cannon 

§§ 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 § 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 § 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 § 3365. Jurisdictional authority, in 

addition to that specified in rule X, may be vested in a committee pursuant 

to: 

0 A resolution enlarging the jurisdiction of a committee or authorizing it to 

study and report on a particular matter. 3 Hinds § 1753. 

0 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. 

0 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 §§ 4365-4371; 7 

Cannon § 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 §§ 3364, 

4382-4391; 7 Cannon § 2131. 

Informal Agreements 

Questions relating to the jurisdiction over a subject by two or more 

committees are sometimes resolved pursuant to an informal agreement or 

memorandum of understanding between the committees involved. See, e.g., 

96-2, Mar. 25, 1980, pp 6405, 6406, 6408-10 (memorandum of underVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00256 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
247 

CHAPTER 11—COMMITTEES § 9 

standing among six different committees on energy measures); 104-1, Jan. 

4, 1995 (memorandum of understanding between two committees concerning the budget process); 104-1, Jan. 30, 1995, p 2888 (memorandum of 

understanding between two committees concerning jurisdiction over the merchant marine resulting from the dissolution of the Committee on Merchant 

Marine and Fisheries); 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 § 825; 4 Hinds § 4372; Deschler Ch 17 §§ 26, 27.9. Under clause 7(a) 

of rule XII, a motion to correct an erroneous reference is privileged if authorized either by the committee to which the bill had been erroneously referred or by the committee claiming jurisdiction. The motion is not debatable. Under the modern practice, however, erroneous referrals are corrected 

by unanimous consent. The Speaker may also sequentially refer a measure 

(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. 

§ 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 

248 

§ 10 HOUSE PRACTICE

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 

§§ 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. 

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 §§ 742, 744. 

Additional budget and other oversight-related functions are delineated in 

clause 4 of rule X. Manual §§ 745-756. 

§ 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 

§ 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 § 805. As to the 

issuance and enforcement of subpoenas, see § 24, infra. 

Select or Joint Committees 

Lacking general investigative authority, a select or joint committee must 

be given specific authority to undertake an investigation. Such authority may 

be given pursuant to: 

0 A statute conferring investigative powers. See, e.g., 26 USC § 8022 (conferring investigative duties on the Joint Committee on Internal Revenue 

Taxation). 

0 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). 

0 A standing rule of the House. See, e.g., clause 11 of rule X (establishing 

the Permanent Select Committee on Intelligence). 

249 

CHAPTER 11—COMMITTEES § 10 

0 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). 

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 § 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 § 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 

250 

§ 11 HOUSE PRACTICE

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 § 1505. Indictments under § 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). 

§ 11. Standing Committees 

Standing committees were not used extensively during the earliest Congresses. It was the general practice of the House to refer matters to a Committee of the Whole to develop the primary objectives of a proposal, and 

then to commit such matters to select committees to draft specific bills. 

At the start of the 19th century, standing committees began to proliferate. By mid-century the House had 34 standing committees, and by 

1900 it had 58. Subsequent additions raised the number of standing committees to 61 by 1905. However, in the 1920’s the House consolidated numerous committees and again vested in the Committee on Appropriations jurisdiction over all general appropriation bills. 7 Cannon § 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. 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; and (3) the Committee on Oversight and Government Reform, 

which may have seven subcommittees. Manual § 762. The House has occasionally excepted other committees from that stricture. See, e.g., 107-1, H. 

Res. 5, Jan. 3, 2001, p 26; 108-1, H. Res. 5, Jan. 7, 2003, p 11. 

251 

CHAPTER 11—COMMITTEES § 11 

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. 

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 (112th Cong.) 

JURISDICTION, OVERSIGHT FUNCTION, AND ANTECEDENTS

STANDING COMMITTEES (112TH

CONG.) ANTECEDENT COMMITTEES

Agriculture 

Established 1820; 4 Hinds § 4149 

Legislative jurisdiction, Manual § 715 

Oversight functions, Manual §§ 742, 

755, 756 

Appropriations 

Established 1865; 4 Hinds § 4032 Ways and Means (in part), 1802 

Legislative jurisdiction, Manual § 716 

Oversight and additional functions, 

Manual §§ 744-747, 755, 756 

Armed Services 

Established 1947; 60 Stat. 812 

Legislative jurisdiction, Manual § 718 

Oversight and additional functions, 

Manual §§ 742-744, 755, 756 

Formerly known as ‘‘National Security’’ 1995, Manual § 718 

Military Affairs, 1822 

Naval Affairs, 1822 

Militia, 1835 

Atomic Energy (Joint Committee), 

1946 

Budget 

Established 1974; 88 Stat. 299 

Legislative jurisdiction, Manual § 719 

Oversight functions, Manual §§ 742- 

744, 748, 756 

252 

§ 11 HOUSE PRACTICE

Standing Committees (112th Cong.)—Continued 

JURISDICTION, OVERSIGHT FUNCTION, AND ANTECEDENTS

STANDING COMMITTEES (112TH

CONG.) ANTECEDENT COMMITTEES

Education and the Workforce 

Established 1947; 60 Stat. 812 Education, 1867 

Legislative jurisdiction, Manual § 720 Labor, 1883 

Oversight functions, Manual §§ 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 § 720 

Energy and Commerce 

Established 1795; 4 Hinds § 4096 Commerce and Manufacturers, 1795 

Legislative jurisdiction, Manual § 721 Coinage, Weights and Measures, 1867 

Oversight functions, Manual §§ 742- 

744, 755, 756 

Atomic Energy (Joint Committee), 

1946 

Formerly known as ‘‘Interstate and 

Foreign Commerce’’ 1892, ‘‘Commerce and Health’’ 1975, ‘‘Interstate 

and Foreign Commerce’’ 1975, ‘‘Energy and Commerce’’ 1980, ‘‘Commerce’’ 1995, Manual § 721 

Ethics 

Established 1967; 90-2, H. Res. 418 

Legislative jurisdiction, Manual 

§§ 721b, 721c 

Oversight functions, Manual § 742 

Formerly known as ‘‘Standards of Official Conduct’’ 1967, Manual 

§ 721b 

Standards and Conduct (Select Committee), 1966 

Ethics (Select Committee), 1977 

Financial Services 

Established 1865; 4 Hinds § 4082 

Legislative jurisdiction, Manual § 722 

Oversight and additional functions, 

Manual §§ 742, 743, 755, 756 

253 

CHAPTER 11—COMMITTEES § 11 

Standing Committees (112th Cong.)—Continued 

JURISDICTION, OVERSIGHT FUNCTION, AND ANTECEDENTS

STANDING COMMITTEES (112TH

CONG.) ANTECEDENT COMMITTEES

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 § 722 

Foreign Affairs 

Established 1822; 4 Hinds § 4162 

Legislative jurisdiction, Manual § 723 

Atomic Energy (Joint Committee), 

1946 

Oversight functions, Manual §§ 742- 

744, 755, 756 

Formerly known as ‘‘Foreign Affairs’’ 

1822, ‘‘International Relations’’ 

1975, ‘‘Foreign Affairs’’ 1979, 

‘‘International Relations’’ 1995, 

Manual § 723 

Homeland Security 

Established 2005 

Legislative jurisdiction, Manual 

§§ 723a, 723b 

Oversight and additional functions, 

Manual §§ 742-744, 755, 756 

Homeland Security (Select Committee), 

2002 

Homeland Security (Select Committee), 

2003 

House Administration 

Established 1947; 60 Stat. 812 

Legislative jurisdiction, Manual 

§§ 724-728 

Oversight and additional functions, 

Manual §§ 742, 743, 750-756 

Formerly known as ‘‘House Oversight’’ 1995, Manual § 724 

Enrolled Bills, 1789 

Elections, 1794, 1895 

Accounts, 1805 

Mileage, 1837 

Printing, 1846 

Disposition of Executive Papers, 1889 

Ventilation and Acoustics, 1893 

Memorials, 1929 

Judiciary 

Established 1813; 4 Hinds § 4054 Claims, 1794 

Continued, 1947, 60 Stat. 812 Patents, 1837 

254 

§ 11 HOUSE PRACTICE

Standing Committees (112th Cong.)—Continued 

JURISDICTION, OVERSIGHT FUNCTION, AND ANTECEDENTS

STANDING COMMITTEES (112TH

CONG.) ANTECEDENT COMMITTEES

Legislative jurisdiction, Manual §§ 729, 

730 

Oversight functions, Manual §§ 742, 

743, 755, 756 

Revision of the Laws, 1868 

War Claims, 1883 

Immigration and Naturalization, 1893 

Internal Security, 1969 

Natural Resources 

Established 1805; 4 Hinds § 4194 Private Land Claims, 1816 

Legislative jurisdiction, Manual § 731 Indian Affairs, 1821 

Oversight functions, Manual §§ 742- 

744, 755, 756 

Formerly known as ‘‘Public Lands’’ 

1805, ‘‘Insular Affairs’’ 1899, ‘‘Interior and Insular Affairs’’ 1951, 

‘‘Natural Resources’’ 1993, ‘‘Resources’’ 1995, Manual § 731 

Territories, 1825 

Mines and Mining, 1865 

Merchant Marine and Fisheries (in 

part), 1887 

Irrigation of Arid Lands, 1893 

Atomic Energy (Joint Committee), 

1946 

Oversight and Government Reform 

Established 1927; 7 Cannon § 2041 District of Columbia, 1808 

Legislative jurisdiction, Manual § 732 Public Expenditures, 1814 

Oversight and additional functions, 

Manual §§ 742-744, 749, 755, 756 

State, Treasury, War, Navy, and Post 

Office, 1816 

Formerly known as ‘‘Expenditures in 

the Executive Departments’’ 1927, 

‘‘Government Operations’’ 1952, 

‘‘Government Reform and Oversight’’ 1995, ‘‘Government Reform’’ 

1999, Manual § 732 

Justice, 1874 

Agriculture, 1889 

Commerce and Labor, 1905 

Post Office and Civil Service, 1947 

Rules 

Established 1880; 4 Hinds § 4321 Rules (Select Committee), 1789 

Mandated by law, 1947, 60 Stat. 812 

Legislative jurisdiction, Manual §§ 733, 

734 

Oversight functions, Manual §§ 742- 

744, 756 

255 

CHAPTER 11—COMMITTEES § 11 

Standing Committees (112th Cong.)—Continued 

JURISDICTION, OVERSIGHT FUNCTION, AND ANTECEDENTS

STANDING COMMITTEES (112TH

CONG.) ANTECEDENT COMMITTEES

Science, Space, and Technology 

Established 1958; 85-2, H. Res. 496 

Legislative jurisdiction, Manual § 735 

Oversight functions, Manual §§ 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 § 735 

Merchant Marine and Fisheries (in 

part), 1887 

Atomic Energy (Joint Committee), 

1946 

Astronautics and Space Exploration 

(Select Committee), 1958 

Small Business 

Established 1975; 93-2, H. Res. 988 

Legislative jurisdiction, Manual § 736 

Small Business (Select Committee), 

1941 

Oversight functions, Manual §§ 742- 

744, 755, 756 

Small Business (Permanent Select 

Committee), 1971 

Transportation and Infrastructure 

Established 1947; 60 Stat. 812 Public Buildings and Grounds, 1837 

Legislative jurisdiction, Manual § 739 Mississippi Levies, 1875 

Oversight functions, Manual §§ 742, 

743, 755, 756 

Formerly known as ‘‘Public Works and 

Transportation’’ 1975, Manual § 739 

Rivers and Harbors, 1883 

Merchant Marine and Fisheries (in 

part), 1887 

Roads, 1913 

Flood Control, 1916 

Veterans’ Affairs 

Established 1947; 60 Stat. 812 Pensions and Revolutionary Claims, 

Legislative jurisdiction, Manual § 740 1813 

Oversight functions, Manual §§ 742, 

743, 755, 756 

Revolutionary Pensions, 1825 

Invalid Pensions, 1831 

World War Veterans’ Legislation, 1924 

Ways and Means 

Established 1802; 4 Hinds § 4020 

Legislative jurisdiction, Manual § 741 

Oversight functions, Manual §§ 742, 

743, 755, 756 

Ways and Means (Select Committee), 

1789 

256 

§ 12 HOUSE PRACTICE

§ 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 § 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; Manual § 1112a. 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. Manual § 1112c). 

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 § 1; see § 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 § 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). In the 109th Congress, the Committee on Homeland Security became a standing committee of the House. 

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 

257 

CHAPTER 11—COMMITTEES § 13 

Beauty Shop (95-1, H. Res. 1000), the Select Committee on the House Recording Studio (Pub. L. 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). 

§ 13. — Particular Uses of Select Committees 

The House has established more than 20 select committees since passage of the Legislative Reorganization Act of 1946. The table below identifies some of these committees for purposes of illustration. The table shows 

these committees by name (or paraphrase thereof), dates of creation and termination, and authority, including legislative authority. With the two exceptions noted—Campaign Expenditures and Small Business—the table excludes those committees existing before 1947 which were subsequently reconstituted. 

Select Committees 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Aging 

Established Jan. 3, 

1975; 93-2, H. Res. 

988 

Terminated Jan. 5, 

1993, Manual § 784 

Problems of the older 

American; income maintenance, housing, and health; 

welfare programs 

To report annually to the 

House; no legislative authority 

Astronautics and Space 

Exploration 

Established Mar. 25, 

1958; 85-2, H. Res. 

496 

Terminated July 21, 

1958; became standing 

Committee on Science 

and Astronautics 

All aspects and problems 

relating to the exploration 

of outer space; resources, 

personnel, equipment, and 

facilities; legislation 

To report to the House, 

by bill or otherwise 

Assassinations 

Established Sept. 17, 

1976; 94-2, H. Res. 

1540 

Terminated Jan. 3, 

1979 

Circumstances surrounding 

the death of John F. Kennedy and the death of 

Martin Luther King, Jr. 

To report to the House on 

the result of its investigation (see H. Rept. 95- 

1828); no legislative authority 

258 

§ 13 HOUSE PRACTICE

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Campaign Expenditures 

Established May 29, 

1928; 70-1, H. Res. 

232 

Reestablished by each 

Congress through 92-2 

Election disputes; electoral 

fraud; excessive campaign 

expenditures of Presidential or congressional 

candidates 

Reporting authority varied 

from Congress to Congress 

Chemicals, Pesticides, 

and Insecticides Affecting Foods 

Established June 20, 

1950; 81-2, H. Res. 

323 

Terminated Jan. 3, 

1953 

Chemicals, compounds, 

and synthetics in the production of food products; 

health factors; the agricultural economy; toxic residues; effect on soil and 

vegetation 

To report to the House on 

its investigation with recommendations for legislation (see H. Rept. 82- 

2182); no legislative authority 

Children, Youth and 

Families 

Established Sept. 29, 

1982, 97-2, H. Res. 

421 

Reestablished by each 

Congress through 102- 

2. 

Income maintenance; 

health; nutrition; education; welfare; employment 

To report to the House on 

the results of its investigations; no legislative 

authority 

Committees 

Established Jan. 31, 

1973; 93-1, H. Res. 

132 

Terminated Dec. 20, 

1974; reestablished 

1979; 96-1, H. Res. 

118; records transferred to Committee on 

Rules, Apr. 1, 1980 

Rules X and XI of the 

rules of the House; committee structure; number 

and size of committees; jurisdiction; committee procedure; meetings, staffing, 

and facilities 

To report to the House by 

bill, resolution, or otherwise (see H. Rept. 96- 

866) 

259 

CHAPTER 11—COMMITTEES § 13 

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Communist Aggression 

Established July 27, 

1953; 83-1, H. Res. 

346 

Terminated Dec. 31, 

1954 

Seizure of Latvia and Estonia by the U.S.S.R.; 

treatment of the Baltic 

peoples during this period 

To report to the House on 

its study together with 

recommendations (see H. 

Rept. 83-2650); no legislative authority 

Congressional Operations 

Established Mar. 28, 

1977; 95-1, H. Res. 

420 

Terminated Jan. 3, 

1979 

Organization and operation 

of the U.S. Congress; cooperation between the 

Houses; relationship with 

other branches of government 

To report recommendations on subjects specified 

(see H. Rept. 95-1843); 

no legislative authority 

Congressional Pages 

Established Sept. 30, 

1964; 88-2, H. Res. 

847 

Terminated Jan. 4, 

1965 

General welfare and education of congressional 

pages 

To report on the results 

of its investigations (see 

H. Rept. 88-1945); to 

make recommendations 

Covert Arms Transactions with Iran 

Established Jan. 7, 

1984; 100-1, H. Res. 

12 

Terminated Nov. 13, 

1987 

Investigation of the ‘‘IranContra affair’’; met jointly 

with Senate Select Committee 

To report on the results 

of its investigations (see 

H. Rept. 100-433) 

Crime 

Established May 1, 

1969; 91-1, H. Res. 17 

Terminated June 30, 

1973 

All aspects of crime in the 

United States; its elements, 

causes, and extent; reciprocity of information; 

urban crime 

To report on its investigation with recommendations (see H. Rept. 93- 

358); no legislative authority 

260 

§ 13 HOUSE PRACTICE

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Energy 

Established Apr. 21, 

1977; 95-1, H. Res. 

508 

Terminated Jan. 3, 

1979; jurisdiction 

transferred to Energy 

and Commerce, 97th 

Cong. 

Message of the President 

dated Apr. 20, 1977, and 

other communications relating thereto; bills or resolutions sequentially referred thereto 

To report to the House by 

bill or otherwise (see H. 

Rept. 95-543) 

Energy Independence 

and Global Warming 

Established Mar. 8, 

2007; 110-1, H. Res. 

202 

Terminated Jan. 3, 

2011 

To investigate reducing 

U.S. dependence on foreign sources of energy and 

reducing activities that 

contribute to climate 

change and global warming. 

To report on policies, 

strategies, and new technologies related to its investigations 

Ethics - Standards and 

Conduct of Members 

Established Oct. 19, 

1966; 89-2, H. Res. 

1013 

Terminated Dec. 27, 

1966; standing Committee on Standards of 

Official Conduct (now 

Ethics) created Apr. 

13, 1967 

Rules or regulations necessary or desirable to ensure proper standards of 

conduct by Members and 

by officers or employees 

of the House; reporting of 

statutory violations 

To make recommendations to the House by report or resolution 

Ethics 

Established Mar. 9, 

1977; 95-1, H. Res. 

383 

Terminated Jan. 3, 

1979 

Certain bills and resolutions relating to ethical 

standards of Members contained in standing rules; 

regulations relating thereto; advisory opinions 

To report to the House on 

the measure specified (see 

H. Rept. 95-1837); to report regulations; to recommend legislation 

261 

CHAPTER 11—COMMITTEES § 13 

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Ethics 

Established Jan. 7, 

1997; 105-1, H. Res. 5 

Terminated Jan. 21, 

1997 

Continue investigation of a 

Member by the Committee 

on Standards of Official 

Conduct (now Ethics), 

begun in the prior Congress 

To resolve the inquiry 

and report to the House 

(see H. Rept. 105-1; H. 

Res. 31) 

Export Controls 

Established Sept. 7, 

1961; 87-1, H. Res. 

403 

Terminated May 31, 

1962 

The Export Control Act of 

1949; assessment of accomplishments under that 

Act; improvements in administration and enforcement; congressional oversight 

To report on its investigation together with any 

recommendations (see H. 

Rept. 87-1753); no legislative authority 

Foreign Aid 

Established July 22, 

1947; 80-1, H. Res. 

296 

Terminated May 3, 

1948 

Basic needs of foreign nations and peoples; relief in 

terms of food and clothing; resources and facilities; agencies 

To report to the House as 

deemed appropriate; no 

legislative authority 

Government Research 

Established Sept. 11, 

1963; 88-1, H. Res. 

504 

Terminated Jan. 3, 

1965 

Research programs of Federal agencies; expenditures 

for research programs; 

costs of government research 

To report its findings to 

the House with recommended legislation 

(see H. Rept. 88-1143) 

Homeland Security 

Established June 19, 

2002; 107-2, H. Res. 

449 

Terminated after final 

disposition of specified 

bill (Nov. 25, 2002) 

Develop recommendations 

on such matters that relate 

to the establishment of a 

department of homeland 

security as may be referred 

to it by the Speaker and 

on recommendations submitted to it by standing 

committees to which the 

Speaker referred a bill establishing such department 

To report its recommendation to the 

House on a bill establishing a department of 

homeland security (see H. 

Rept. 107-609) 

262 

§ 13 HOUSE PRACTICE

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Homeland Security 

Established Jan. 7, 

2003; 108-1, H. Res. 5 

Terminated Jan. 3, 

2005 

Develop recommendations 

on such matters that relate 

to the Homeland Security 

Act of 2002 as may be referred to it by the Speaker; 

to conduct oversight of 

laws, programs, and Government activities relating 

to homeland security; to 

conduct a study of the operation and implementation 

of the rules of the House, 

including rule X, with respect to homeland security 

To report its recommendations to the 

House by bill or otherwise on matters referred 

to it by the Speaker; to 

report its recommendations on changes to 

House rules to the Committee on Rules 

Hunger 

Established Feb. 22, 

1984; 98-2, H. Res. 15 

Reestablished each 

Congress through 102- 

2; Reestablishment rejected Feb. 4, 1993; 

103-1, H. Res. 18 

International programs; 

world food security; malnutrition; food production 

and distribution; agribusiness role 

To conduct studies and 

make recommendations 

about possible legislation 

Hurricane Katrina 

Established Sept. 15, 

2005; 109-1, H. Res. 

437 

Terminated Mar. 16, 

2006 

The local, State, and Federal preparation for, and 

response to, Hurricane 

Katrina 

To conduct an investigation and report its findings to the House by Feb. 

15, 2006 

Intelligence 

Established Feb. 19, 

1975; 94-1, H. Res. 

138 

Terminated Feb. 11, 

1976; became permanent select committee, 

July 14, 1977, H. Res. 

658 (clause 11 of rule 

X; Manual § 785) 

Proposals concerning the 

intelligence and intelligence-related programs 

and activities of the U.S. 

Government; oversight; 

proposed legislation and 

other matters relating to 

the CIA 

To report to the House on 

the nature and extent of 

intelligence activities of 

U.S. departments and 

agencies by legislation or 

otherwise (see H. Rept. 

94-833) 

263 

CHAPTER 11—COMMITTEES § 13 

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Katyn Forest Massacre 

Established Sept. 18, 

1951; 82-1, H. Res. 

390 

Terminated Dec. 22, 

1952 

The massacre of thousands 

of Polish officers in the 

Katyn Forest in territory 

then under the control of 

the U.S.S.R. 

To report to the House on 

completion of its hearings 

(see H. Rept. 82-2505); 

no legislative authority 

Lobbying Activities 

Established Aug. 12, 

1949; 81-1, H. Res. 

298 

Terminated end of the 

81st Cong. 

Lobbying activities intended to influence legislation; activities of Federal 

agencies intended to influence legislation 

To submit reports on the 

results of its study (see H. 

Rept. 81-3239); no legislative authority 

Narcotics Abuse and 

Control 

Established July 29, 

1976; 94-2, H. Res. 

1350 

Reestablished each 

Congress through 102- 

2 

International traffic in narcotics; prevention; enforcement; organized crime; 

drug abuse; treatment; rehabilitation 

To report to the House on 

its investigations; no legislative authority 

Newsprint 

Established Feb. 26, 

1947; 80-1, H. Res. 58 

Terminated Dec. 31, 

1948 

Need for adequate supplies 

of newsprint and related 

products; production possibilities and prospects 

To submit reports with 

recommendations (see H. 

Rept. 80-2471); no legislative authority 

Offensive and Undesirable Literature 

Established May 12, 

1952; 82-2, H. Res. 

596 

Terminated Dec. 31, 

1952 

The extent to which 

books, magazines, and 

comic books contain immoral, obscene, or otherwise offensive matter; 

availability through the 

U.S. mails; adequacy of 

existing laws 

To report to the House 

with recommendations, 

including recommendations for legislation (see 

H. Rept. 82-2510); no 

legislative authority 

264 

§ 13 HOUSE PRACTICE

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Outer Continental Shelf 

Established Apr. 12, 

1975; 94-1, H. Res. 

412 

Terminated Jan. 3, 

1979; succeeded by 

another select committee on the same 

subject (96-1, H. Res. 

53), which terminated 

July 31, 1980 

A bill relating to the management of oil and natural 

gas in the Outer Continental Shelf; marine and 

coastal environments; certain related matters on this 

subject on referral to it by 

the Speaker 

To report the bill and 

other legislation referred 

to it; transmit its findings 

and make a full report to 

the House (see H. Rept. 

96-1214) 

Population 

Established Sept. 28, 

1977; 95-1, H. Res. 70 

Terminated end of the 

95th Cong. 

Causes of changing population conditions; population characteristics relative to limited resources; 

population planning; global population-related issues 

To report on the results 

of its investigation (see 

H. Rept. 95-1842); no 

legislative authority 

Professional Sports 

Established May 18, 

1976; 94-2, H. Res. 

1186 

Terminated Jan. 3, 

1977 

Need for legislation with 

respect to professional 

sports 

To report to the House on 

the results of its inquiry 

(see H. Rept. 94-1786); 

no legislative authority 

Right of Member To Be 

Sworn In 

Established Jan. 10, 

1967; 90-1, H. Res. 1 

Terminated Feb. 23, 

1967 

The right of Adam Clayton Powell (N.Y.) to be 

sworn in in the 90th Congress and to a seat therein 

To report to the House 

within five weeks (see H. 

Rept. 90-27); no legislative authority 

265 

CHAPTER 11—COMMITTEES § 13 

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

Small Business 

Established Dec. 4, 

1941; 77-1, H. Res. 

294 

Reestablished each 

Congress until 1970; 

became a standing 

committee 1975; 94-1, 

H. Res. 988; clause 1 

of rule X; Manual 

§ 736 

Assistance to small business; small business protection; financial aid; small 

business participation in 

Federal procurement 

Reported to the House on 

results of its investigations; no legislative authority before becoming a 

standing committee 

Survivors’ Benefits 

Established Aug. 4, 

1954; 83-2, H. Res. 

549 

Terminated Jan. 15, 

1956 

Benefits provided under 

Federal law for dependents 

of deceased members and 

former members of the 

armed forces 

To prepare such legislation; to report on the results of its investigation 

(see H. Rept. 83-9282) 

Tax-exempt Foundations and Organizations 

Established Apr. 4, 

1952; 82-2, H. Res. 

561 

Terminated Dec. 16, 

1954 

Educational and philanthropic foundations and related organizations exempt 

from Federal income taxation; use of foundations 

To report to the House on 

the results of its investigation (see H. Rept. 82- 

2681); no legislative authority 

Transactions on Commodity Exchanges 

Established Dec. 18, 

1947; 80-1, H. Res. 

404 

Terminated Dec. 31, 

1948 

Purchases and sales of 

commodities; commodities 

for future delivery; activities of Federal agencies 

and individuals therein as 

affecting the price of commodities 

To report to the House on 

completion of its investigation (see H. Rept. 80- 

2472); no legislative authority 

U.S. Military Involvement in Southeast Asia 

Established June 8, 

1970; 91-2, H. Res. 

976 

Terminated July 6, 

1970 

All aspects of U.S. military involvement in Southeast Asia 

To report on its investigation (see H. Rept. 91- 

1276); no legislative authority 

266 

§ 13 HOUSE PRACTICE

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

U.S. National Security 

and Military/Commercial Concerns with 

China 

Established June 18, 

1998; 105-2, H. Res. 

463; reestablished Jan. 

6, 1999, 106-1, H. Res. 

5; extended Mar. 24, 

Apr. 29, May 13, 

1999, 106-1, H. Res. 

129, H. Res. 153, H. 

Res. 170 (respectively) 

Terminated May 31, 

1999 

Investigate technology 

transfers to China; successor select committee assigned to produce unclassified version of report filed 

by predecessor committee 

To report on its investigation (see H. Rept. 105- 

851) (declassified, in part, 

pursuant to H. Res. 5 

(106-1)); no legislative 

authority 

U.S. Servicemen Missing in Action in Southeast Asia 

Established Sept. 11, 

1975; 94-1, H. Res. 

335 

Terminated Mar. 13, 

1977 

U.S. servicemen identified 

as missing in action; recovery of bodies of known 

dead; international inspection teams 

To report to the House on 

its investigation (see H. 

Rept. 94-1764); no legislative authority 

Voting Irregularities of 

Aug. 2, 2007 

Established Aug. 3, 

2007; 110-1, H. Res. 

611 

Terminated Jan. 3, 

2009 

The circumstances surrounding a vote on Aug. 2, 

2007 

To conduct an investigation and produce an interim report by Sept. 30, 

2007, and a final report 

by Sept. 15, 2008 

White County Bridge 

Commission 

Established May 25, 

1955; 84-1, H. Res. 

244 

Terminated Apr. 25, 

1956 

Financial position of the 

White County Bridge 

Commission; monies received and expenditures 

made; anticipated toll-free 

use 

To report to the House 

with recommendations 

(see H. Rept. 84-2052); 

no legislative authority 

267 

CHAPTER 11—COMMITTEES § 14 

Select Committees—Continued 

COMMITTEE JURISDICTION—INVESTIGATIVE AUTHORITY REPORTING AUTHORITY

World War II Veterans 

Established Aug. 28, 

1950; 81-2, H. Res. 

474 

Terminated Feb. 2, 

1951 

Abuses in education, training and loan guarantee 

programs of World War II 

veterans 

To report on the results 

of its investigation (see 

H. Rept. 2501); no legislative authority 

§ 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 § 325. Since the First Congress, a joint committee has 

been used to make arrangements for the inauguration of the President and 

Vice President. Manual § 1112; 3 Hinds § 1986. The early congresses 

formed joint standing committees on the Library and Printing, which exist 

to this day. Manual §§ 1110, 1111; 4 Hinds §§ 4337, 4347. For a current 

list of joint committees, see Manual §§ 1108-1112. 

Joint committees, or committees of the House and Senate acting jointly, 

have been used to investigate problems relating to immigration (4 Hinds 

§ 4415), to resolve a dispute relating to the electoral count (3 Hinds § 1953), 

and to investigate the revision and codification of the laws (4 Hinds § 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 § 7. Joint committees may report 

to both Houses if so directed (4 Hinds §§ 4421, 4422), or to either House 

(4 Hinds § 4432; 7 Cannon § 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 § 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 § 2164. A joint committee created by concurrent resolution must be reestablished by a subsequent Congress. 

268 

§ 14 HOUSE PRACTICE

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 § 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 

Established 1946; 42 USC § 2251 

House members: 9 

Senate members: 9 

Terminated Jan. 4, 1977 

Development, use, and control of atomic 

energy; to report legislation and make 

recommendations within its jurisdiction; legislative jurisdiction abolished 

1977; 95-1, H. Res. 5 

Congressional Operations 

Established 1970; 2 USC §§ 411-417 

House members: 5 

Senate members: 5 

Inactive since 94th Cong.; Select 

Committee on Congressional Operations created, 95-1, H. Res. 420 

Identification of court proceedings affecting Congress; organization and operation of the Congress; supervision 

of the Office of Placement and Management; no legislative jurisdiction 

Defense Production 

Established 1950; 50 USC App 

§ 2161 

House members: 5 

Senate members: 5 

Terminated Mar. 1, 1992; no appointments after Sept. 30, 1978 

Review of programs established by the 

Defense Production Act of 1950; Federal emergency preparedness and mobilization policy; integrity of defense 

contracts and the procurement process; to report to the House and Senate 

on its studies, with recommendations 

Deficit Reduction 

Established 2011; Pub. L. 112-25 

House members: 6 

Senate members: 6 

Terminated Jan. 31, 2012 

Report recommendations to Congress to 

reduce the deficit by at least $1.5 trillion over the period of fiscal years 

2012 to 2021 

269 

CHAPTER 11—COMMITTEES § 14 

Joint Committees—Continued 

Committees Jurisdiction and Functions 

Economic 

Established 1946; 15 USC § 1021 

House members: 10 

Senate members: 10 

(Manual § 1108) 

Economic Report by the President; 

means of promoting national policy 

on employment; short-term and medium-term economic goals; to report 

to the House and Senate (by March 1) 

and to each Budget Committee (by 

March 15) 

Housing 

Established 1947; H. Con. Res. 104 

House members: 7 

Senate members: 7 

Terminated 80th Cong. 

Housing needs in U.S.; building material 

shortages; building costs; building 

codes and zoning laws; housing loans 

and insurance; veterans’ preferences; 

findings to be reported to the House 

and Senate 

Inaugural Ceremonies 

Established 1789; reestablished every 

other Congress by concurrent resolution 

House members: 3 

Senate members: 3 

The necessary arrangements for the inauguration of the President-elect and 

the Vice President-elect 

Internal Revenue Taxation 

Established 1926; 26 USC § 8002 

House members: 5 

Senate members: 5 

(Manual § 1109) 

Operation and effects of Federal system 

of internal revenue taxation; to report 

to the Committee on Ways and 

Means, and, in its discretion, directly 

to the House 

Library 

Established 1806; 2 USC § 132b 

House members: 5 

Senate members: 5 

(Manual § 1110) 

Management and expansion of the Library of Congress; rules and regulations for the government of the Library; development of Botanic Garden; gifts for the benefit of the Library; statues and other works of art 

in the Capitol 

Organization of Congress 

Two separate joint committees 

Established 1965; S. Con. Res. 2 

Established 1992; H. Con. Res. 192; 

(Reestablished Pub. L. 102-392) 

House members: 12 

Senate members: 12 

Terminated Dec. 31, 1967 

Terminated Dec. 31, 1993 

Organization and operation of Congress; 

relationship between the two Houses 

and between the Congress and other 

branches of government; committees; 

to report to the House and Senate 

270 

§ 15 HOUSE PRACTICE

Joint Committees—Continued 

Committees Jurisdiction and Functions 

Printing 

Established 1846; 44 USC § 901 

House members: 5 

Senate members: 5 

(Manual § 1111) 

Inefficiencies or waste in the printing, 

binding, and distribution of government publications; arrangement and 

style of the Congressional Record; 

printing of the legislative program for 

each day; listing of committee meetings and hearings 

Washington Metropolitan Problems 

Established 1957; H. Con. Res. 172 

House members: 3 

Senate members: 3 

Terminated 86th Cong. 

Growth and expansion of the District of 

Columbia and its metropolitan area; 

effectiveness of agencies and instrumentalities concerned therewith; to report to the House and Senate 

D. Procedure in Committees 

§ 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 § 787. They are also bound by those provisions of Jefferson’s Manual 

that are consistent with the rules of the House. Manual §§ 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 § 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 § 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. 

271 

CHAPTER 11—COMMITTEES § 16 

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 § 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 § 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 

§§ 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 §§ 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 

§ 839. This error may be corrected by a supplemental report that need not 

be separately available for three days. Manual § 838. 

§ 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 § 794. 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. All committee records and files must be kept separate from the 

office records of the member serving as chair. Manual § 796. The text of 

any amendment adopted in committee must be made publicly available in 

electronic form no later than 24 hours after adoption. Manual § 796. 

The record of committee action must include the votes on any question 

on which a roll call vote is demanded, and the result of each such vote must 

be made available by the committee for inspection by the public and made 

publicly available in electronic form. Manual § 795. In addition, committee 

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§ 16 HOUSE PRACTICE

reports must include all record votes on motions to report and on any 

amendments. Manual § 839. 

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. However, clause 2(e) of rule XI includes an exception to that rule 

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. Furthermore, committees may prescribe regulations to govern the manner of access, such as limiting examination of files to committee rooms or prohibiting the making of photocopies. 

Manual § 796; 85-1, Aug. 14, 1957, p 14737. 

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 § 796. Evidence or testimony taken in executive session 

of a committee may later be made public by vote of the committee. Deschler Ch 17 § 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 § 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. 

273 

CHAPTER 11—COMMITTEES § 16 

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 § 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 6(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 

§ 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. Manual § 1112a. 

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 § 695. Clause 3 of rule VII outlines the 

procedures for the public release of noncurrent records. 

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§ 17 HOUSE PRACTICE

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 §§ 5080-5083; 8 Cannon §§ 2485-2493; Deschler Ch 17 §§ 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 § 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 on television and by other means. These considerations mitigate against the application of the rule of nondisclosure to 

meetings and hearings which are open to the public. Manual § 360; Deschler 

Ch 17 § 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 § 2493; Deschler Ch 17 § 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 § 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 § 54.3. 

§ 17. Meetings 

Regular Meetings; Calling Additional Meetings 

Standing committees must fix regular meeting days. Manual § 793. 

These meeting days may be on a weekly, biweekly, or monthly basis but 

must be at least once a month. Clause 2(b) of rule XI; Manual § 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 

§ 793. Pursuant to clause 3(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, 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 § 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. 

275 

CHAPTER 11—COMMITTEES § 18 

§ 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 §§ 424, 

427, 792, 911. These include: 

0 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 

§ 792. 

0 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. 

0 Limiting the time for debate and the motion to limit debate under the fiveminute rule. Manual § 792; 4 Hinds § 4573. 

0 The motion for the previous question. Manual § 994. 

0 Voting by the yeas and nays. 4 Hinds § 4572. 

0 The motion to refer. Manual § 916. 

0 The motion to lay on the table, but tabling an amendment also carries the 

bill to the table. 3 Hinds § 1737; 4 Hinds § 4568. 

0 The motion to reconsider. 4 Hinds §§ 4570, 4571. 

0 The taking of an appeal from a decision of the Chair. 4 Hinds § 4569. 

0 The motion to recess from day to day or subject to the call of the Chair 

(within 24 hours). Manual § 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 § 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 

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§ 19 HOUSE PRACTICE

vious question, the underlying proposition must remain subject to further debate or amendment to the same extent as when the question was postponed. 

§ 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. 

Hearings have included such publicized investigations as the Credit 

Mobilier Corporation bribery charge investigation of 1872 (2 Hinds § 1286), 

the Un-American activities investigations beginning in the 1930’s (Deschler 

Ch 15 § 1.32), the investigation of covert arms transactions with Iran in 

1988 (100-1, H. Res. 12, Jan. 7, 1987, p 821), the investigation of political 

fundraising improprieties (105-1, H. Res. 167, June 20, 1997, p 11677), and 

the investigation of whether the impeachment of President Clinton was warranted (105-2, H. Res. 581, Oct. 8, 1998, p 24679). 

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 § 798. The Committee on Rules is exempted from this requirement. 

§ 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. 

277 

CHAPTER 11—COMMITTEES § 20 

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. Manual § 969. Under rule 

XI clause 2(g)(2)(D), all committees may vote to close a hearing for one 

additional day. The Committees on Appropriations and Armed Services and 

the Permanent Select Committee on Intelligence may close a hearing for up 

to five additional, consecutive days. Manual § 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 

§§ 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 § 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 § 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. 

278 

§ 21 HOUSE PRACTICE

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 § 15. 

§ 21. Quorum Requirements 

Generally 

Historically, a majority of a committee constituted a quorum for the 

transaction of business. Manual § 409; 4 Hinds §§ 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 

or recommendation 

A majority of the committee, ‘‘actually present’’ (h)(1) 

Manual § 799 

To report contempt A majority of the committee 

(h)(1) 

Manual § 799 

To authorize and 

issue a subpoena 

A majority of the committee (m)(2) 

Manual § 805 

To close a meeting or 

hearing 

A majority of the committee (g)(1), (2) 

Manual § 798 

To make public evidence taken in executive session 

A majority of the committee (k)(7) 

Manual § 803 

To immunize a witness A majority of the committee 18 USC § 6005 

To take evidence or 

testimony in open 

session after assertion 

that it defames, degrades or incriminates 

A majority of the committee (k)(5) 

Manual § 803 

279 

CHAPTER 11—COMMITTEES § 22 

ACTION MINIMUM QUORUM CLAUSE 2 OF RULE XI 

To take testimony or 

receive evidence at 

hearing 

Two members (h)(2) 

Manual § 800 

To close a hearing 

where assertion of defamatory testimony or 

evidence is made 

Two members (k)(5) 

Manual § 803 

To take any other action One-third of membership (h)(3) 

Manual § 800 

§ 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 § 799; 8 Cannon §§ 2220-2222; 

Deschler Ch 17 § 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 

§ 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 § 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 § 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 §§ 2212, 2222. A poll of 

committee members by telephone will not suffice. Deschler Ch 17 § 23.2. 

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§ 23 HOUSE PRACTICE

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. Unlike a House floor vote, during which Members 

may come and go during the course of a vote, the committee quorum rule, 

absent the old ‘‘rolling quorum’’ latitude, means a committee cannot simply 

leave a vote open until a sufficient number of Members have responded to 

their names. 

§ 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 § 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 § 799; Deschler Ch 17 § 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 § 25.2. If the point 

of order is sustained, the bill is automatically recommitted. Deschler Ch 17 

§§ 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 § 24.8. 

The absence of a quorum at the time a ‘‘clean’’ bill is ordered reported 

gives rise to a point of order on the House floor, even though the chair had 

been previously instructed by the committee to report the bill. Cf. Deschler 

Ch 17 § 23.6. 

Timeliness 

A point of order that a bill was reported from a committee in the absence of a quorum is properly raised in the House when the bill is called 

up for consideration or pending the Speaker’s declaration, or a vote on a 

motion, that the House resolve itself into the Committee of the Whole for 

the consideration of the bill. Deschler Ch 17 §§ 24.2, 24.4; 101-1, May 16, 

281 

CHAPTER 11—COMMITTEES § 24 

1989, p 9356. It has been ruled that such a point of order comes too late 

if raised: 

0 After consideration of the bill has begun in the House. 8 Cannon § 2223. 

0 After the House has resolved into the Committee of the Whole for the consideration of the measure. Deschler Ch 17 § 24.5. 

0 After debate on the measure has started in the House. Deschler Ch 17 

§ 24.6. 

0 After adoption of the measure. Deschler Ch 17 § 24.7. 

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

0 Where a resolution providing for the consideration of the bill is before the 

House. Deschler Ch 17 § 24.2. 

0 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. 

§ 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 § 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 

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§ 24 HOUSE PRACTICE

quests 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. Manual §§ 800, 805. 

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 in a ‘‘panel,’’ each member is permitted to question each witness in the panel for five minutes. Clauses 2(j)(2)(B) and 

2(j)(2)(C) enable committees to permit extended examinations of witnesses 

for 30 additional minutes by designated members, or by staff, of each party. 

Witnesses Called by the Minority 

Under 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 § 802. 

Perjury 

It is a felony to give perjurious testimony before a congressional committee. 18 USC § 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 § 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 

283 

CHAPTER 11—COMMITTEES § 25 

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 §§ 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 received over 

the previous three years. 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. 

§ 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). 

284 

§ 25 HOUSE PRACTICE

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 §§ 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 § 9. Thus, after testifying to an incriminating fact, a witness may not refuse to answer more 

questions on the same subject on the ground that such answers would further incriminate. Rogers v. United States, 340 U.S. 367 (1951). 

Immunity Procedures 

A witness who refuses to testify before a congressional committee on 

the basis of 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 §§ 6002, 6005. Under the 

statute, the request for the court order must have been approved by twothirds 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 § 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 § 803. Under these rules, a witness is entitled: 

0 To a copy of the committee rules (upon request). 

0 To be accompanied by counsel to advise on constitutional rights. 

0 To seek a closed hearing if the evidence or testimony tends to defame, degrade, or incriminate. 

0 To submit requests for committees to subpoena additional witnesses. 

0 To submit brief and pertinent sworn statements in writing for inclusion in 

the committee record (at discretion of committee). 

0 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 

285 

CHAPTER 11—COMMITTEES § 28 

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 § 14.3. 

§ 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 §§ 192, 194. For comprehensive discussion, see 

CONTEMPT; Manual §§ 293-299. 

§ 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 §§ 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. 

E. Committee Reports 

§ 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 § 833. Reported bills that are not accompanied by a written report are not placed on 

a calendar. 8 Cannon § 2783. 

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§ 28 HOUSE PRACTICE

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 § 4674; Deschler Ch 17 

§ 58. The Speaker makes no determinations as to the sufficiency of a report 

beyond specific requirements of House rules. 2 Hinds § 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 § 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 § 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 § 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 § 407; 4 Hinds 

§ 4585; 8 Cannon §§ 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 § 4591. If a bill is held to be improperly 

reported, the bill is not entitled to a place on the calendar. 4 Hinds § 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 

§§ 4598, 4599; 8 Cannon §§ 2223, 2225. 

The rules of the House do not require that committees separately approve legislative reports. A point of order that a committee did not vote to 

approve a report as required by the rules of the committee is properly made 

in committee and not in the House. Deschler Ch 17 § 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 § 2237. Under clause 3(a)(2) of rule XIII, a committee may 

file a supplemental report to correct technical errors in its initial report. Such 

287 

CHAPTER 11—COMMITTEES § 28 

supplemental report is subject to a new three-day availability under clause 

4(a) of rule XIII, except that a supplemental report only correcting errors 

in the depiction of record votes under clause 3(b) of rule XIII is not subject 

to such availability requirement. If the bill is recommitted because of a defective report, further proceedings are de novo and all committee formalities 

necessary to the first report are likewise necessary to authorize a second report. 8 Cannon § 2221. 

Adverse or Unfavorable Reports 

A committee may report a bill adversely, even though the committee 

originated the bill. Manual § 832; 4 Hinds § 4659. A committee may also 

report a bill to the House with no recommendation for action. 4 Hinds 

§§ 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 

§ 4665), in which case the report may include minority views alone (2 Hinds 

§ 945) or simply set forth the propositions representing the opposing contentions (3 Hinds § 2497; 4 Hinds § 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. § 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 § 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 § 64.1. The authority to file 

a supplemental report to correct a technical error in a previous report does 

not include the authority to file a supplemental report (1) to correct the failure of a committee to comply at all with the reporting requirements set forth 

in rule XIII (such as the requirement to include a committee cost estimate); 

(2) to change a statement of legislative intent contained in the initial report 

(Deschler Ch 17 § 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. 

288 

§ 29 HOUSE PRACTICE

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 § 23.6. 

§ 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 §§ 4654, 4655. 

Under rule XIII, a report on any measure or matter shall include: 

0 Minority, supplemental, or additional views if properly submitted. Clause 

3(a). 

0 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). 

0 Oversight findings and recommendations required pursuant to clause 2(b)(1) 

of rule X. Clause 3(c)(1). 

0 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: 

0 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). 

0 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). 

0 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). 

0 A comparative print indicating changes in existing law (the Ramseyer 

Rule). Clause 3(e); § 30, infra. 

289 

CHAPTER 11—COMMITTEES § 30 

Clause 3(f) of rule XIII requires a report of the Committee on Appropriations on a general appropriation bill to include: 

0 A description of the effect of any provision of the accompanying bill that 

changes the existing law. 

0 A list of unauthorized appropriations contained in the bill. 

0 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. § 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’’ and a ‘‘macroeconomic impact analysis’’ prepared by 

the Joint Committee on Internal Revenue Taxation. 

Reports are also required to contain identification and cost-estimates of 

Federal mandates under the Unfunded Mandates Reform Act of 1995 (Manual §§ 843, 1127) and a description of the applicability of the measure to 

the Legislative Branch under the Congressional Accountability Act of 1995 

(Manual § 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. 

§ 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 § 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 inVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00299 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 30 HOUSE PRACTICE

form Members of any changes in existing law by the proposed legislation. 

Deschler Ch 17 § 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 § 2238. However, a comparative print need only be prepared for 

the affected part of the law. Deschler Ch 17 § 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 § 2237. 

Where a committee reports a bill with amendments, the comparative 

print required by the rule must show the changes in existing law proposed 

by the bill as amended, rather than by the bill as introduced. Deschler Ch 

17 § 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 § 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 § 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 § 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 § 60.3. 

The Ramseyer rule is applicable whenever a committee reports a bill 

repealing or amending ‘‘a statute or part thereof.’’ Manual § 846. Thus, the 

rule is not applicable to: 

0 A bill changing the rules of evidence for the District of Columbia courts. 

Deschler Ch 17 § 6.8. 

0 Bills discharged from a committee (as distinguished from bills reported by 

a committee). Deschler Ch 17 § 60.10. 

0 Bills amending simple resolutions. 8 Cannon § 2239. 

291 

CHAPTER 11—COMMITTEES § 30 

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 § 848. 

The Ramseyer rule applies to general appropriation bills where such 

bills include legislative provisions. 8 Cannon § 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 

§ 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 §§ 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 § 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 §§ 2243, 2245; Deschler Ch 17 §§ 60.15-60.18. The point of order 

does not lie in the Committee of the Whole. Deschler Ch 17 § 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 § 905. When a point of order 

is raised that a report is in violation of the Ramseyer rule, it is incumbent 

on the proponent of the point of order to cite the specific statute which will 

be amended by the pending bill. 8 Cannon § 2246. 

292 

§ 31 HOUSE PRACTICE

Compliance with the Ramseyer rule may be waived by unanimous consent or by a special order of business. Deschler Ch 17 §§ 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 § 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 § 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 § 2237; Deschler Ch 17 § 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 § 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. 

§ 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 § 831; § 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 § 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 § 59.1. However, reports on resolutions of inquiry are privileged, are reported as such (whether favorable or adverse) and 

are printed and referred. Manual § 864; see also CALENDARS. 

293 

CHAPTER 11—COMMITTEES § 33 

Correcting an Error 

A ‘‘star print’’ is a reprint of a committee report or reported bill to correct errors in the first printing of the report. A ‘‘star print’’ may be authorized by the Speaker to correct an error made by the Government Printing 

Office. 95-2, June 23, 1978, p 18806. A committee may correct a technical 

error in its report by filing a supplemental report under clause 3(a)(2) of 

rule XIII. § 28, supra. 

§ 32. Supplemental, Minority, and Additional Views 

The members of a committee who are in the minority may not present 

a proposition of legislation but have the right to file views to accompany 

the report. 4 Hinds §§ 4601-4605. Unless filed with the report, minority 

views may be presented only by consent of the House. 4 Hinds § 4600; 8 

Cannon § 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, additional, or minority views. The member must give notice 

at the time of the approval of the report. The right to submit additional 

views inures to all members of the committee and not simply the member 

who gives notice. 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 § 804. If one member makes a 

timely request for filing views, all other members of the committee may 

submit views for inclusion in the report within the two-day window. Deschler Ch 17 § 64. Views may also be called ‘‘separate,’’ ‘‘concurrent,’’ or 

‘‘dissenting.’’ 

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. 

§ 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 § 831. 

Privileged reports are filed from the floor and referred to the appropriate 

calendar by the Speaker. Manual § 853; Deschler Ch 17 § 58. 

294 

§ 34 HOUSE PRACTICE

Ordinarily, a committee report on a bill or other measure reported to 

the House must accompany the reported measure. Manual §§ 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 § 418; Deschler Ch 17 § 62; § 32, supra. A special order of 

business may provide committees with authority to file supplemental reports. 

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 to a unanimous-consent request agreed to 

in each House. Deschler Ch 17 §§ 62.10, 62.11. 

§ 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 

§ 63. The report may be privileged even though the measure in question is 

reported adversely. 6 Hinds § 413; 8 Cannon § 2310; Deschler Ch 17 § 63.3. 

Privileged status is accorded to: 

0 Reports on Presidential vetoes. Deschler Ch 17 §§ 63.1, 63.2. 

0 Reports on impeachments and matter incidental thereto. Deschler Ch 17 

§ 63.3. 

0 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 §§ 63.4-63.7. 

0 Reports on resolutions of inquiry. 6 Cannon § 404. 

0 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 § 855. 

0 Reports which may be reported at any time by specific authorization of a 

House resolution. Deschler Ch 17 § 63.10. 

0 Reports on measures which may be reported at any time pursuant to statute, 

as in the case of certain resolutions of disapproval. Manual § 1130; 

Deschler Ch 17 § 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. ManVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00304 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 11—COMMITTEES § 34 

ual §§ 853, 855. This privilege to report at any time does not extend to matters not specified by the rule. 4 Hinds § 4622; 8 Cannon § 2286. The committees with leave to report at any time on specified matters under this rule 

are shown in the table below: 

Committee Eligible Matters and Measures 

Rules Rules, joint rules, and the order of 

business. 

Appropriations General appropriation bills, certain 

joint resolutions continuing appropriations, but not appropriations 

for specific purposes (8 Cannon 

§ 2285) 

Budget Matters under titles III and IV of 

the Congressional Budget Act of 

1974 

House Administration Enrolled bills; election contests; 

printing; noncurrent House records; 

expenditures of applicable accounts 

of the House 

Ethics Certain resolutions recommending 

action with respect to a Member, 

officer, or employee 

The right to report at any time is said to carry with it the right to consideration at any time (4 Hinds § 3131), subject to applicable layover requirements (see § 35, infra). However, such right does not exist when in 

conflict with other rules of the House. 8 Cannon § 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 § 854; 6 

Cannon § 557), and to measures already given a priority by a special order 

of business (4 Hinds §§ 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 § 63.10. 

Generally, nonprivileged reports are made by delivering them to the 

Clerk. Manual § 831. Reports privileged under the rules must be made from 

the floor. Manual § 853; 4 Hinds § 3146; 8 Cannon §§ 2230, 2233. 

296 

§ 35 HOUSE PRACTICE

Who May Call Up; Reading 

A committee ordinarily authorizes its chair to submit and call up its report. Manual § 834; 4 Hinds § 4669. The chair may do so even though not 

concurring therein. 4 Hinds § 4670. However, the committee may authorize 

other members of the committee to present reports, and under some circumstances minority members of the committee have been ordered to 

present the report of the committee. 4 Hinds §§ 4669, 4672, 4673; 8 Cannon 

§§ 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 

§ 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 § 4690; 8 Cannon § 2312. When placed on 

the calendar, a bill is not subject to further consideration by the committee 

reporting it. 8 Cannon §§ 2218, 2307. 

§ 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 § 850. The three-day 

rule runs anew from the time of availability of a supplemental report to correct a technical error in a previous report, except to correct errors in the 

depiction of record votes. Clause 3(a) of rule XIII; Deschler Ch 17 § 64.1. 

A measure or matter made publicly available in electronic form at a location 

designated by the Committee on House Administration is considered as having been made available to Members. Clause 3 of rule XXIX. 

297 

CHAPTER 11—COMMITTEES § 36 

Clause 4 of rule XIII exempts the following from the three-day layover 

requirement: 

0 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)). 

0 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). 

0 A resolution presenting a question of the privileges of the House. Clause 

4(a)(2)(C). 

0 A measure for the declaration of war or national emergency. Clause 

4(a)(2)(D). 

0 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). 

§ 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 § 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 (§ 35, supra) and to report a measure without a sufficient quorum 

(§ 21, supra). 

Points of order against consideration for noncompliance with the rules 

in the preparation of the report should be made in the House. A point of 

order that a committee report is not in proper form does not lie in the Committee of the Whole. Deschler-Brown Ch 29 § 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 § 1339; Deschler Ch 17 §§ 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 

§ 58.1. 

298 

§ 36 HOUSE PRACTICE

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, and by consideration of the bill under suspension of the rules. Deschler Ch 17 § 58. 

299 

Chapter 12 

Committees of the Whole 

A. GENERALLY

§ 1. In General 

§ 2. Jurisdiction and Authority; Reference 

§ 3. Matters Requiring Consideration in the Committee of the Whole 

§ 4. — Amendments Between the Houses 

§ 5. Resolving Into the Committee of the Whole 

§ 6. — By Motion 

§ 7. The Chair 

§ 8. — Limitations on Jurisdiction and Authority of Chair 

B. CONSIDERATION AND DEBATE IN COMMITTEE

§ 9. In General; Quorums 

§ 10. First Reading 

§ 11. General Debate 

§ 12. — Closing General Debate 

§ 13. Debate Under the Five-minute Rule; Amendments 

§ 14. — Pro Forma Amendments 

§ 15. Relevancy in Debate 

§ 16. Calling Members to Order 

§ 17. Voting 

§ 18. Points of Order 

§ 19. Unfinished Business 

C. MOTIONS IN COMMITTEE

§ 20. In General 

§ 21. Precedence of Motions 

§ 22. Motion Relating to Enacting Clause 

§ 23. — When in Order 

§ 24. — Debate 

D. RISING; REPORTING TO THE HOUSE

§ 25. Generally 

§ 26. Motions to Rise 

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§ 1 HOUSE PRACTICE

§ 27. — When in Order 

§ 28. — Who May Offer 

§ 29. Reporting to the House 

§ 30. House Action on Committee Reports 

Research References 

4 Hinds §§ 4704-4922 

8 Cannon §§ 2318-2430 

Deschler Ch 19 

Manual §§ 326-340; 970-993 

A. Generally 

§ 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 § 4705; Deschler Ch 19 § 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 § 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 § 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 § 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. 

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CHAPTER 12—COMMITTEES OF THE WHOLE § 1 

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 § 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 § 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 §§ 424, 427; 4 Hinds § 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 § 424. A 

motion that a proposition be considered under that procedure is not in order. 

Manual § 424; 4 Hinds § 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 § 639. The measure 

is considered to have been read for amendment, and is open to amendment 

at any point. Manual § 427. A motion to close debate on the pending measure (or an amendment) is in order. Manual § 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 § 427. For example, it may: 

0 Order the yeas and nays by one-fifth of those present or upon objection 

for lack of a quorum. 4 Hinds § 4923. 

0 Receive messages from the President or the Senate. 4 Hinds § 4923. 

0 Permit withdrawal of amendments before action thereon. 4 Hinds § 4935. 

0 Refer to a committee. 4 Hinds §§ 4931, 4932. 

0 Entertain the previous question. 4 Hinds §§ 4926-4929; 6 Cannon § 639. 

0 Entertain the motion to reconsider. 8 Cannon § 2793. 

0 Entertain the motion to adjourn. 4 Hinds § 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 § 427; see also COMMITTEES. 

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§ 2 HOUSE PRACTICE

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 § 1.1. 

§ 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 § 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 § 2392. 

Measures Other Than Public Bills 

Although the jurisdiction of the Committee of the Whole is devoted primarily to the consideration of public bills, other matters are sometimes referred to the Committee pursuant to House order. For example, the annual 

message of the President is customarily referred to the Committee of the 

Whole by motion. Propositions to change the rules of the House have been 

considered in Committee of the Whole pursuant to a special order of business. 4 Hinds § 4822; Deschler Ch 21 § 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 

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CHAPTER 12—COMMITTEES OF THE WHOLE § 2 

consent. Manual § 993; 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 

§§ 4712, 4713) or to extend the time for general debate as fixed thereby (5 

Hinds §§ 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 § 988; 

4 Hinds § 4784) or in unusual situations pursuant to a motion to recommit 

in the House either with or without instructions (5 Hinds §§ 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; 112-1, Jan. 

25, 2011, p ll. Other Presidential messages are normally referred to the 

committee having jurisdiction by order of the Speaker. Manual § 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 § 3350. 

Limitations on Authority 

Many procedures and motions traditionally available in the House may 

not be invoked in the Committee of the Whole. See § 8, infra. For example, 

the Committee of the Whole may not: 

0 Appoint, authorize, or discharge committees. 4 Hinds §§ 4697, 4710. 

0 Entertain the question of consideration (7 Cannon § 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 §§ 910, 991). 

0 Transact proceedings regarding words demanded to be taken down in debate. 2 Hinds §§ 1257-1259; 8 Cannon § 2539. 

0 Recess without permission of the House (5 Hinds §§ 6669-6671), except in 

case of emergency (clause 12(b)(2) of rule I). 

0 Instruct conferees. 8 Cannon § 2320. 

0 Consider questions of privilege under rule IX. Manual § 711; 2 Hinds 

§ 1657; Deschler Ch 11 § 4.3. 

0 Authorize extraneous matter to be included in the Congressional Record. 

Manual § 688. 

Similarly, unanimous-consent requests may not be entertained in the 

Committee of the Whole if they materially alter procedures required by a 

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§ 2 HOUSE PRACTICE

special order of business or other order adopted by the House. For example, 

the Committee of the Whole may not: 

0 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. 

0 Permit a substitute to be read by section for amendment where the special 

order of business did not so provide. 

0 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. 

0 Restrict authority granted in a special order of business to offer amendments ‘‘en bloc.’’ 

0 Change the scheme for control (other than among committees controlling 

time) or duration of general debate specified by the House. 

0 Reduce below 15 minutes the minimum time for the first recorded vote in 

a series. 

0 Preempt the Chair’s discretion to postpone and cluster votes. 

0 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. 

0 Permit consideration of an amendment out of the order specified in a special order of business. 

0 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. 

0 Permit a different Member to offer an amendment vested in a specified 

Member. 

0 Permit a division of the question on an amendment rendered indivisible by 

a special order of business. 

Manual § 993. 

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 § 335; 4 Hinds § 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. 

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CHAPTER 12—COMMITTEES OF THE WHOLE § 2 

For example, unanimous-consent requests have been entertained in the Committee of the Whole to: 

0 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. 

0 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. 

0 Permit a page reference to be included in a designated amendment made 

in order as printed where the printed amendment did not include that reference. 

0 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. 

0 Shorten the time set by a special order of business for debate on a particular amendment. 

0 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. 

0 Permit en bloc consideration of several amendments under a ‘‘modifiedclosed’’ special order of business providing for the sequential consideration of designated separate amendments. 

0 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.’’ 

0 Permit the reading of an amendment that was considered as read under a 

special order of business. 

Manual § 993. 

Authority to Originate Measures 

In the early practice, the Committee of the Whole could consider a matter even though the matter had not been referred to it by the House. 4 Hinds 

§ 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 § 326; 4 Hinds § 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 

§ 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 §§ 4907, 4908. 

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§ 3 HOUSE PRACTICE

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 §§ 6559, 6561. 

§ 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, or 

referring any claim to the Court of Claims. A point of order under this rule 

may be raised at any time before the consideration of a bill has commenced. 

The consideration of a measure by unanimous consent waives any requirement as to consideration in Committee of the Whole. 4 Hinds § 4823; 

8 Cannon § 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 § 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 amendments, or only one amendment, are 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 § 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 § 973; 4 Hinds § 4828; 5 Hinds §§ 5545, 5546. 

Measures Requiring Consideration in the Committee of the Whole 

The following measures require consideration in the Committee of the 

Whole: 

0 Increasing the rate of postage. 4 Hinds § 4861. 

0 Creating a new Federal office. 4 Hinds § 4846. 

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CHAPTER 12—COMMITTEES OF THE WHOLE § 4 

0 Authorizing an undertaking by a government agency that will incur an expense, however small, to the government. 8 Cannon § 2401. 

0 Requiring an expenditure with some probability. Deschler Ch 19 § 1. 

0 Setting in motion a chain of circumstances destined ultimately to involve 

certain expenditures. 4 Hinds § 4827; 8 Cannon § 2399. 

Measures Not Requiring Consideration in the Committee of the Whole 

The following measures do not require consideration in the Committee 

of the Whole: 

0 Not directly making an appropriation of money or requiring one to be 

made. 4 Hinds § 4856. 

0 Making an expenditure that is to be borne otherwise than by the Federal 

Government. 4 Hinds § 4831. 

0 Proposing an amendment to the Constitution to extend the term of office 

of certain officials. 8 Cannon § 2395. 

§ 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. § 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 § 874; 4 Hinds §§ 3094, 

3108-3110. Similarly, a House amendment to a Senate amendment is subject 

to clause 3. 4 Hinds § 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 §§ 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 § 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 § 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 § 2387. However, a Senate amendment that merely modifies a House proposition, such 

308 

§ 5 HOUSE PRACTICE

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 § 1073; 4 Hinds §§ 4797, 4800; 8 

Cannon §§ 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 §§ 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 § 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 § 1073; see, e.g., 103-1, H. Res. 

71, Feb. 4, 1993, p 2500. 

§ 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 § 3214; 7 Cannon §§ 783, 

794; Deschler Ch 19 § 4; § 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. 

309 

CHAPTER 12—COMMITTEES OF THE WHOLE § 6 

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: 

0 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 §§ 783, 794; Deschler Ch 19 § 4.1. 

0 After the Speaker has ruled on words taken down in the Committee of the 

Whole. Deschler Ch 19 § 4.8. 

0 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 § 10.9. 

0 When a bill on the Union Calendar is timely called up (or is the unfinished 

business) on Calendar Wednesday. Manual § 901; 7 Cannon §§ 939, 940, 

942. 

§ 6. — By Motion 

Although rarely used in recent years, the House may resolve into Committee of the Whole pursuant to motion (Deschler Ch 19 § 4), as follows: 

MEMBER: Ml. 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 lllll. 

This motion is listed eighth in the daily order of business. Manual 

§ 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 § 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 § 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 § 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 § 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 §§ 853, 856. The motion is neither debatable nor amendable (4 Hinds § 3078), is not subject to a demand for the 

previous question (4 Hinds § 3077), and may not be laid on the table or indefinitely postponed (6 Cannon § 726). Although highly privileged, the moVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00319 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
310 

§ 7 HOUSE PRACTICE

tion does not take precedence over a motion to reconsider or a motion to 

change the reference of a bill. 4 Hinds § 3087; 7 Cannon § 2124. 

Former Practices 

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 § 856; Deschler Ch 19 § 4 (note 

17). 

Some procedures regarding consideration of business in the Committee 

of the Whole are seldom used in modern practice. After refusing to go into 

Committee of the Whole to consider a particular bill, the House may then 

consider business prescribed by the regular order. 4 Hinds § 3088. Thus, the 

House may reach legislation of lesser privilege by rejecting the motion to 

resolve into the Committee of the Whole to consider an appropriation bill. 

Deschler Ch 19 § 4.4. Nonprivileged matters are 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. 

§ 7. The Chair 

The chair of the Committee of the Whole is appointed by the Speaker. 

Manual § 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 § 970; Deschler Ch 19 § 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 

§ 5.3. 

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 § 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 § 961; 5 Hinds § 6927; § 16, infra) and are subject to appeal (5 Hinds § 6928; Deschler Ch 19 § 9.1). In exceptional cases, 

the Committee of the Whole may rise and report the question to the House. 

4 Hinds § 4783. 

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CHAPTER 12—COMMITTEES OF THE WHOLE § 8 

The Chair has a duty to enforce the rules of decorum in debate. 8 Cannon §§ 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 § 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 

§ 971. 

§ 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 § 971. Thus, the Chair does not: 

0 Decide whether the Committee may sit in executive session (reserved to 

the House). Deschler Ch 19 § 7.18. 

0 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 § 993. 

0 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 §§ 7.14, 7.15). 

0 Rule on procedural questions that may arise when a bill is reported back 

to the House (Deschler Ch 19 § 7.10) or predict what action may take 

place in the House after the Committee of the Whole rises (Deschler Ch 

19 § 7.9). 

0 Consider a question that had arisen in the House just before the Committee 

began to sit. Manual § 971. 

0 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 § 7.13. 

0 Determine whether the House can rescind a time limitation imposed by the 

Committee. Deschler Ch 19 § 7.12. 

0 Determine the privileges of a Member under general ‘‘leave to print.’’ 5 

Hinds § 6988. 

For examples of limitations on the authority of the Committee of the 

Whole, see Manual § 993; § 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 §§ 628, 628a. 

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§ 9 HOUSE PRACTICE

B. Consideration and Debate in Committee 

§ 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 § 993. 

Quorum Requirements 

Until 1890 a quorum of the Committee of the Whole was the same as 

a quorum of the House. Manual § 329. In that year a rule was adopted fixing a quorum of the Committee of the Whole at 100 Members. Manual 

§ 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 § 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 §§ 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 § 2895; 6 Cannon §§ 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 § 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 § 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 §§ 641, 671; Deschler Ch 20 § 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 § 2369; 

Deschler Ch 20 § 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 §§ 670, 671; 8 Cannon § 2369. For a discussion of motions to rise generally, see §§ 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 

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CHAPTER 12—COMMITTEES OF THE WHOLE § 11 

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 § 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 fiveminute 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 § 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 fiveminute 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 § 982. 

§ 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 from the Committee on Rules. The first reading 

is normally dispensed with in this manner. Manual § 942. A motion to dispense with the first reading of the bill is not in order. 8 Cannon §§ 2335, 

2436. 

§ 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 §§ 979, 993. 

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 of a special order of business from the Committee on 

Rules. See, e.g., Deschler-Brown Ch 29 §§ 76.1, 76.7. Where the House has 

314 

§ 11 HOUSE PRACTICE

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 § 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 § 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 § 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 § 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 §§ 957, 978. This one-hour limitation applies to each 

Member recognized to speak in the Committee of the Whole. Deschler Ch 

19 § 15. However, a Member recognized for one hour of debate may yield 

time to a Member who has just occupied an hour. 8 Cannon § 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 while remaining standing. 8 Cannon 

§ 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 § 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) while remaining 

standing, and permission of the first Member is not necessary. Deschler Ch 

19 § 15. 

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CHAPTER 12—COMMITTEES OF THE WHOLE § 13 

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 § 959; Deschler Ch 

19 § 15.8. Those in control of such debate time may yield as many times 

as they desire to whom they desire. Deschler Ch 19 § 15.4. 

§ 12. — Closing General Debate 

The right to close general debate inures to the majority manager of the 

primary committee who has opened. Manual § 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 § 978; 

4 Hinds § 4745; 5 Hinds § 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 §§ 4744, 4778; 5 Hinds § 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 § 76.1. 

For general discussion of the practice of limiting or closing general debate, see CONSIDERATION AND DEBATE. 

§ 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 § 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 §§ 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 § 981. For a discussion of pro forma amendments generally, see § 14, infra. 

The Committee of the Whole may not, even by unanimous consent, 

prohibit the offering of an amendment otherwise in order under the fiveminute 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 § 5221), the rule also provides that amendments may be 

withdrawn only by unanimous consent. Manual § 978. 

316 

§ 13 HOUSE PRACTICE

The five-minute rule is applicable to amendments that are offered to 

amendments. Manual § 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 § 4751. 

Under the modern practice of the House, bills increasingly are considered in the Committee of the Whole under a ‘‘modified-closed’’ amendment 

process. Such process vitiates, in part, the five-minute rule by considering 

the bill as having been read for amendment, restricting amendments that 

may be offered, and by limiting and controlling debate time on amendments 

made in order. 

Limiting or closing five-minute debate, see CONSIDERATION AND DEBATE. 

Yielding Time During Five-minute Debate 

Members who have been recognized for debate under the five-minute 

rule may not yield time to another Member and then be seated. 100-1, Dec. 

10, 1987, p 34686. Although Members recognized in debate under the rule 

may yield to other Members while remaining on their feet, they may not 

yield designated amounts of time. 5 Hinds §§ 5036, 5037; Deschler Ch 19 

§ 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 

§ 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 § 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 § 980; Deschler Ch 21 § 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 § 980. HowVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00326 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 12—COMMITTEES OF THE WHOLE § 15 

ever, the Chair may direct a return to a section where, through inadvertence, 

no action was taken on a pending amendment. 4 Hinds § 4750. 

§ 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 § 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 § 981; Deschler Ch 19 § 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 § 5222; 8 Cannon § 2560; 

Deschler Ch 19 § 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 § 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 § 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 § 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 § 981. 

§ 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 

318 

§ 16 HOUSE PRACTICE

routinely confines general debate to the subject of the measure. Manual 

§ 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 § 978. For 

a more thorough discussion of relevancy of debate in the Committee of the 

Whole, see CONSIDERATION AND DEBATE. 

§ 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 § 331. In several early 

instances, the Speaker did in fact exercise this authority. 2 Hinds §§ 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 § 971; Cannon §§ 2533, 2538; Deschler Ch 

19 § 17. 

Under this procedure, a Member must be seated when called to order 

by the Chair. Deschler Ch 19 § 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 

§§ 2533, 2538, 2539. The words are then reported to the House and are 

again read. 2 Hinds §§ 1257-1259. The words reported are then taken up 

in the House, with consideration being limited to the words reported. 8 Cannon § 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 §§ 2528, 2538, 2540; Deschler Ch 19 § 17.7. If the words are not 

withdrawn, the Speaker rules on whether the words are unparliamentary 

(Deschler Ch 19 § 17.5), and such ruling is subject to appeal (Manual 

§§ 629, 961; 5 Hinds §§ 5157, 5178, 5194; Deschler-Brown Ch 29 § 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 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 Record (8 Cannon §§ 2538, 

2539) or, in especially flagrant instances, pursuant to a resolution of censure 

(2 Hinds §§ 1257, 1259). However, censure is not a remedy available for 

words spoken if debate or business has intervened. Clause 4(b) of rule XVII. 

319 

CHAPTER 12—COMMITTEES OF THE WHOLE § 17 

After disposition of the matter in the House, the Committee of the 

Whole automatically resumes its sitting. Manual § 961; 8 Cannon § 2541; 

Deschler Ch 19 § 17.5. 

For general discussion of disorder in debate, see CONSIDERATION AND

DEBATE. 

§ 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: 

0 Voice vote—Based on volume of sound of Members responding aye or no. 

Clause 6 of rule I; Manual § 630. 

0 Division (or standing) vote—May be invoked by the Chair or any Member, 

and is in order following a voice vote. Under this procedure, Members 

stand to be counted, first those voting in the affirmative, then those voting in the negative. Clause 1 of rule XX; Manual § 1012. 

0 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 §§ 982, 

983. The Chair’s count is not subject to challenge. Manual § 629. 

0 Record vote by tellers or a ‘‘roll call’’—During a record vote by tellers, 

the Members cast their votes by depositing a signed green (yea) or red 

(no) card in a ballot box. Clause 4 of rule XX; Manual § 1019. During 

a ‘‘roll call’’ the Chair directs the Clerk to call the roll alphabetically. 

Clause 3 of rule XX; Manual § 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 §§ 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. 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 § 984. 

For a discussion of voting procedures generally, see VOTING. 

320 

§ 18 HOUSE PRACTICE

§ 18. Points of Order 

Generally 

In Committee of the Whole, questions of order relating to procedure 

(except for words taken down) are decided by the Chair, not the Speaker. 

Manual § 971; 5 Hinds §§ 6927, 6928; Deschler Ch 19 § 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 

§ 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 § 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 § 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 § 1044. A point of order against 

an amendment comes too late after there has been debate on the amendment 

(Manual § 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 §§ 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 § 20. This rule has been 

applied to points of order against consideration of the measure for: 

0 Violations of committee reporting requirements, such as the Ramseyer rule 

(that proposed changes in law be indicated typographically). Manual 

§ 846; Deschler Ch 19 §§ 20.1-20.3. 

0 Availability requirements prior to floor consideration of measures. Manual 

§ 850. 

For points of order generally, see POINTS OF ORDER; PARLIAMENTARY

INQUIRIES; for points of order relating to particular measures or matters, see 

321 

CHAPTER 12—COMMITTEES OF THE WHOLE § 20 

APPROPRIATIONS, BUDGET PROCESS, and CONFERENCES BETWEEN THE

HOUSES. 

§ 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 §§ 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 § 26.1. When a recommendation of 

the Committee of the Whole that the enacting clause of a bill be stricken 

is rejected by the House, the House, without motion, resolves itself into the 

Committee for the further consideration of the bill. Deschler Ch 19 § 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 § 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 § 33.15. 

C. Motions in Committee 

§ 20. In General 

Motions Permitted 

The principal motions used in Committee of the Whole are as follows: 

0 Motions to amend under the five-minute rule. Manual § 978; see also § 13, 

supra. 

0 Motions to close five-minute debate. Manual § 987; see also CONSIDERATION AND DEBATE. 

0 Motions relating to the enacting clause. Manual § 988; for a comprehensive 

discussion, see § 22, infra. 

0 Motions to rise. Deschler Ch 19 § 22; see also § 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 

322 

§ 20 HOUSE PRACTICE

in the Committee of the Whole. Manual § 911. The Committee may not entertain a motion to: 

0 Limit general debate (as distinguished from five-minute debate). Deschler 

Ch 19 § 2; for a general discussion, see CONSIDERATION AND DEBATE. 

0 Close general debate. Manual § 979; 5 Hinds § 5217. 

0 Dispense with the reading of a bill unless authorized pursuant to a special 

order of business from the Committee on Rules. Deschler Ch 19 § 2.11. 

0 Return to a section of the bill passed in the reading. Deschler Ch 19 § 2.10. 

0 Effect a conference or instruct conferees. 8 Cannon §§ 2319, 2320; Deschler Ch 19 § 2. 

0 Order a call of the House. 8 Cannon § 2369. 

0 Expunge remarks from the Record. Deschler Ch 19 § 3.2. 

0 Order the previous question. 4 Hinds § 4716; Deschler Ch 19 § 2.6. 

0 Reconsider. 4 Hinds §§ 4716-4718; 8 Cannon §§ 2324, 2325; Deschler Ch 

19 § 2.5. 

0 Recommit. 4 Hinds § 4721; 8 Cannon § 2326. 

0 Postpone or rise and resume sitting on a day certain. Manual § 915; Deschler Ch 19 § 22.2. 

0 Lay on the table. 4 Hinds §§ 4719, 4720; 8 Cannon § 2330; Deschler Ch 

19 § 2.7. 

0 Recess (absent permission of the House). 5 Hinds §§ 6669-6671; 8 Cannon 

§ 3357; Deschler Ch 19 § 2. 

0 Adjourn. Deschler Ch 19 § 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 § 23.12. In the exceptional circumstance where this language is not 

323 

CHAPTER 12—COMMITTEES OF THE WHOLE § 21 

included in the special order of business, the Committee of the Whole may 

entertain a motion to rise and report with: 

0 A recommendation that the consideration of the bill be postponed. 4 Hinds 

§§ 4765, 4774; 8 Cannon § 2372; Deschler Ch 19 § 22. 

0 A recommendation that the bill be referred or recommitted. 4 Hinds § 4774; 

Deschler Ch 19 § 23.12. 

0 A recommendation that the bill lie on the table. 4 Hinds § 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 § 2.1. 

Withdrawal 

A motion may be withdrawn in the Committee of the Whole only by 

unanimous consent. Deschler Ch 23 § 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 § 5221; 8 Cannon 

§ 2859. This principle has also been applied to the motion to close debate 

under the five-minute rule (8 Cannon § 2564) and to the motion to recommend the striking of the enacting clause (98-1, July 29, 1983, p 21675). 

§ 21. Precedence of Motions 

Motions to Rise 

The simple motion to rise is of highest privilege. Manual §§ 334, 983; 

Deschler Ch 19 §§ 23.1, 23.2. It takes precedence over motions to amend 

(Manual § 983; Hinds § 4770) and over amendments pending under the fiveminute rule (Deschler Ch 19 § 23.3), though it may not interrupt other Members in debate (Deschler Ch 19 § 23.6; § 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 § 23.5) and pending 

a decision of the Chair on a point of order (Deschler Ch 19 § 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 § 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 

324 

§ 22 HOUSE PRACTICE

high privilege. Deschler Ch 19 § 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 § 11.11 (note). The motion may be offered 

where another Member seeks recognition to offer an amendment (DeschlerBrown Ch 29 § 12.13) or when an amendment is pending. However, the motion may not interrupt debate. Manual § 989. The motion also takes precedence over a motion to limit debate (Manual § 989) and over a motion to 

rise and report with a favorable recommendation (8 Cannon § 2620). See 

also § 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 §§ 4752-4758; 8 Cannon § 2364; 

Deschler Ch 19 § 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 § 4751. 

§ 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 §§ 5326-5346; 8 Cannon §§ 2618-2638; Deschler Ch 19 § 10. Such a motion is not, strictly speaking, an amendment, because it can be dispositive of the entire bill. See Deschler Ch 19 § 10 (note 

13). If the House agrees to the recommendation, its action is equivalent to 

a rejection of the bill. Manual § 988; 5 Hinds § 5326; Deschler Ch 19 § 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 § 10.9. 

The motion must be in writing and in the proper form. Manual § 988. 

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. Deschler Ch 19 § 10.2. 

325 

CHAPTER 12—COMMITTEES OF THE WHOLE § 22 

Motions that deviate from this form are subject to a point of order. 

Deschler Ch 19 § 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 § 5332; 

Deschler Ch 19 § 10.1. A motion to strike ‘‘all after the enacting clause’’ 

is likewise out of order. Deschler Ch 19 § 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 § 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 § 10.14. 

The motion has also been used to recommend the striking of the resolving 

clause of a simple resolution (Deschler Ch 19 § 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 § 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 § 989; Deschler Ch 19 § 12.2. A challenge being made by 

another Member, the Member offering the motion must declare opposition 

to the bill. Deschler Ch 19 § 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 § 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 § 12.11. 

The practice of offering the motion merely to obtain time for debate, 

though subject to criticism, has been permitted. Deschler Ch 19 §§ 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 § 2636; Deschler Ch 19 §§ 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 § 14.4) but is not in order if the only action of the 

326 

§ 23 HOUSE PRACTICE

Committee of the Whole in the interim has been the rejection of a proposed 

amendment to the bill (Deschler Ch 19 § 14.5). If the first such motion is 

withdrawn by unanimous consent, a second motion relating to the enacting 

clause is in order. Manual § 989; Deschler Ch 19 § 14.7. The motion may 

be renewed on a subsequent day regardless of any modification of the bill. 

Deschler Ch 19 § 14.8. 

§ 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 § 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 § 11.2), assuming that another Member has 

not obtained the floor for purposes of debate (96-1, June 13, 1979, p 

14710). The motion is no longer in order when the stage of amendment is 

passed. The stage of amendment is passed in Committee where a bill is 

being considered under a rule permitting only committee amendments, and 

where no committee amendments are offered at the conclusion of general 

debate. Manual § 989. The adoption of an amendment in the nature of a 

substitute also may foreclose the opportunity to offer the motion. Deschler 

Ch 19 § 11.6. 

§ 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 §§ 5333-5335; 8 Cannon §§ 2628- 

2631; Deschler Ch 19 § 13. Debate on the motion is thus limited to 10 minutes, five minutes in favor and five minutes in opposition. Deschler Ch 19 

§ 13.1. The Chair has declined to recognize for requests to extend the five 

minutes (Deschler Ch 19 § 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 § 31.33). Debate is limited to two 

five-minute speeches even though the proponent and the Member in opposition both speak in favor of the motion. Deschler Ch 19 § 13.3. The Chair 

will not announce in advance who will be recognized in opposition to the 

motion. Manual § 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 § 989. 

327 

CHAPTER 12—COMMITTEES OF THE WHOLE § 25 

Members of the committee managing the bill have priority in recognition for debate in opposition to the motion. Manual § 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 § 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 § 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 § 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 

§ 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. DeschlerBrown Ch 29 § 37.8. However, debate on the motion may not include matters beyond the provisions of the bill. 5 Hinds § 5336. 

D. Rising; Reporting to the House 

§ 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 § 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. § 26, infra. When the 

Committee of the Whole rises informally, it does so by unanimous consent 

(4 Hinds § 4788) or simply at the direction of the Chair without a formal 

motion from the floor (Deschler Ch 19 § 21.1). 

328 

§ 26 HOUSE PRACTICE

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 § 330; Deschler 

Ch 19 § 21.1. Having no power to receive a message, the Committee of the 

Whole rises informally to permit the House to do so. Manual § 330; 4 Hinds 

§ 4786. At this rising, the House may not have the message read or transact 

other business except by unanimous consent. 4 Hinds §§ 4787-4791. 

Effect of Special Orders of Business 

The Committee of the Whole rises automatically and 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 § 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 § 793. 

Beginning in the 110th Congress, opening-day rules packages have included separate orders establishing a point of order against the motion to 

rise and report if the bill under consideration exceeds certain budgetary allocations. 112-1, H. Res. 5, Jan. 5, 2011, p ll. 

§ 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 §§ 4766, 

4767; Deschler Ch 19 §§ 22.1, 23.13. The motions are expressed as follows: 

Ml. Chair, I move that the Committee do now rise. 

Ml. Chair, I move that the Committee do now rise and report the bill 

back to the House with the recommendation that lllll. 

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. § 20, supra. For the motion to rise and report with the recommendation that the enacting clause be 

stricken, see § 22, supra. For reporting amendments, see § 30, supra. 

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 

329 

CHAPTER 12—COMMITTEES OF THE WHOLE § 27 

report) must be in writing if the demand is made. Deschler Ch 19 § 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 § 983; 4 Hinds §§ 2975, 2976; Deschler Ch 19 § 22.7. However, a quorum is required on an affirmative vote on 

a motion to rise and report. See 4 Hinds § 2973. Neither motion is debatable. 4 Hinds §§ 4766-4768; Deschler Ch 19 § 22.4. Either may be withdrawn by unanimous consent. Deschler Ch 19 § 22.9. They may not include 

restrictions on the amendment process or limitations on future debate on 

amendments. Manual § 334. 

§ 27. — When in Order 

The motion that the Committee of the Whole rise is privileged during 

debate under the five-minute rule. Manual § 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 § 23.4. The motion is in order: 

0 While an amendment is pending, except where another Member has the 

floor. Manual § 334. 

0 Pending a decision on a point of order. Deschler Ch 19 §§ 23.7, 23.8. 

0 After agreement to a motion to limit debate on an amendment. Deschler 

Ch 19 § 23.10. 

0 Pending a count of a quorum. Deschler Ch 19 § 23.5. 

0 After the absence of a quorum has been ascertained and pending a vote 

on an amendment (Manual § 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). 

0 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. 

0 During general debate if offered by a manager or by a Member to whom 

a manager has yielded for that purpose. Manual § 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. 

330 

§ 28 HOUSE PRACTICE

§ 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 § 24.2; 8 Cannon § 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 §§ 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 

§ 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 

§ 2370. Members may not, in time yielded to them for debate, move that 

the Committee of the Whole rise (Deschler Ch 19 § 10) or yield to another 

Member for such a motion (Deschler Ch 29 § 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 §§ 5012, 

5013. 

For precedence of a motion to rise and report a general appropriation 

bill, if offered by the Majority Leader, over an amendment, see § 21, supra. 

§ 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 § 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 § 21.4. 

The measure remains as unfinished business for subsequent consideration in 

the Committee of the Whole. § 19, supra. 

The Speaker recognizes only reports from the Committee of the Whole 

made by the Chair thereof. 5 Hinds § 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 §§ 2429, 2430. 

331 

CHAPTER 12—COMMITTEES OF THE WHOLE § 30 

§ 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 § 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 § 4896. 

The recommendation of the Committee of the Whole may be favorable 

or adverse, and the bill may be reported with or without amendments: 

CHAIR: Ml. Speaker, the Committee of the Whole House on the state 

of the Union, having had under consideration the bill H.R. lll, directs 

me to report it back to the House with sundry amendments and with the 

recommendation that the amendments be agreed to and the bill as amended do pass. 

SPEAKER: The chair of the Committee of the Whole reports that the 

Committee of the Whole House on the state of the Union, having had 

under consideration the bill H.R. lll, directs him/her to report . . . . 

For House action on amendments reported from the Committee of the 

Whole, including the demand for separate votes, see AMENDMENTS. For 

steps to be taken in the passage of a bill in the House, see PREVIOUS QUESTION and READING, PASSAGE, AND ENACTMENT. 

Recommittal to the Committee of the Whole 

Bills are sometimes recommitted to the Committee of the Whole as the 

result of the action of the House (4 Hinds § 4784) or on motion either with 

or without instructions (5 Hinds §§ 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 § 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 § 989; 7 Cannon § 943. 

333 

Chapter 13 

Conferences Between the Houses 

I. Generally 

§ 1. In General; Purpose 

§ 2. Questions Sent to Conference 

§ 3. Sending to Conference 

§ 4. — When in Order; Stage of Disagreement 

§ 5. Effect of Special Orders of Business 

II. Conference Managers 

§ 6. In General; Appointment of Managers 

§ 7. Committee Representation 

§ 8. Changing or Adding Managers; Removal or Resignation 

§ 9. Power and Discretion of Managers 

§ 10. Meetings 

III. Instructions to Managers; Motions 

§ 11. In General 

§ 12. Consideration of Motions to Instruct 

§ 13. — Debate on Motion; Recognition and Amendments 

§ 14. Motions After Failure of Managers to Report 

§ 15. Instructions in Motions to Recommit 

§ 16. Instructions as Binding on the Managers 

IV. Conference Reports 

A. GENERALLY; FORM

§ 17. In General; Preparation and Filing 

§ 18. Signing and Signatures 

§ 19. Correction of Errors 

B. LIMITATIONS ON REPORTS; POINTS OF ORDER

§ 20. In General 

§ 21. Reports Exceeding Authority of Managers 

§ 22. — Conference Substitutes or Modifications 

334 

§ 1 HOUSE PRACTICE

§ 23. Nongermane Senate Matter 

§ 24. Senate Appropriations on House Legislative Bill 

§ 25. Senate Legislation on House Appropriation Bill 

§ 26. Congressional Budget Act Violations 

§ 27. Raising Points of Order 

§ 28. Waiving Points of Order 

C. CONSIDERATION AND DISPOSITION OF REPORTS

§ 29. In General; Custody of Official Papers 

§ 30. Layover and Availability Requirements 

§ 31. Filing and Calling Up Report; Reading 

§ 32. En Bloc Consideration 

§ 33. Debate 

§ 34. — Recognition; Control of Debate Time 

§ 35. Recommittal of Report 

§ 36. Final Disposition of Report; Voting 

§ 37. Effect of Rejection of Report; Further Conferences 

D. DISPOSITION WHERE MANAGERS REPORT IN TOTAL

DISAGREEMENT

§ 38. In General 

Research References 

5 Hinds §§ 6254-6589 

8 Cannon §§ 3209-3332 

Deschler-Brown Ch 33 

Manual §§ 530-559, 637, 1069-1094 

I. Generally 

§ 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 §§ 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 § 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 

335 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 2 

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 §§ 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. §§ 36-38, infra. 

The request for a conference is made by the House in possession of 

the papers. § 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 §§ 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 §§ 6316-6318. It also has the option of postponing action on the request to a time certain or indefinitely. 5 Hinds § 6199. 

§ 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 § 530. Conferences between the two 

Houses are usually held over differences as to amendments to a particular 

bill. 5 Hinds § 6254. On occasion, several bills have been sent to conference 

by a single House action. Deschler Ch 21 § 27.6. Differences over a joint 

or concurrent resolution also may be sent to conference. 5 Hinds §§ 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: 

0 The prerogatives of the two Houses in the origination of revenue measures. 

2 Hinds § 1487. 

0 The instructions given by one House to its managers. 5 Hinds § 6401. 

0 The procedures to be followed in an impeachment proceeding. 3 Hinds 

§ 2304. 

0 The time for the convening of the next session of Congress. 5 Hinds 

§ 6255. 

0 Papers in the nature of petitions. 5 Hinds § 6263. 

336 

§ 3 HOUSE PRACTICE

§ 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 

§ 533; 6 Cannon § 732. 

MEMBER: Ml. Speaker, I ask unanimous consent to take from the 

Speaker’s table the bill H.R. lll, with the Senate amendment[s] thereto, disagree to the Senate amendment[s], and [ask for a conference with 

the Senate] [agree to a conference asked by the Senate] on the disagreeing 

votes of the two Houses. 

By Motion 

A matter may be sent to conference pursuant to a motion offered under 

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 

§§ 1069, 1070. This restraint is intended to prevent the use of that motion 

as a dilatory tactic. Manual § 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 §§ 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 § 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 § 2.14. When the previous question is ordered on the 

motion, further debate may occur only by unanimous consent. DeschlerBrown Ch 33 § 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 

337 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 4 

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 

§ 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: Ml. Speaker, pursuant to clause 1 of rule XXII and by direction of the Committee on lllll, I move to take from the Speaker’s table the bill (H.R. lll) 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: Ml. Speaker, pursuant to clause 1 of rule XXII and by direction of the Committee on lllll, I move to take from the Speaker’s table the bill (S. lll) 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 § 2.18. For a discussion of 

motions to instruct, see § 11, infra. 

§ 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 §§ 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 

§§ 6273-6277. In any event, the request for a conference must always be 

by the House that is in possession of the papers. Manual § 530. For a discussion on when the stage of disagreement is reached, see SENATE BILLS; 

AMENDMENTS BETWEEN THE HOUSES, § 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 

338 

§ 5 HOUSE PRACTICE

stage of disagreement if made pursuant to clause 1 of rule XXII. Manual 

§§ 528, 535, 1070; see also SENATE BILLS; AMENDMENTS BETWEEN THE

HOUSES. 

Once a motion to request a conference has been rejected, its repetition 

at the same stage of the proceedings has not been permitted where no other 

motion to dispose of the matter in disagreement has been considered. 5 

Hinds § 6325. However, 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 §§ 535, 

1070. 

Unanimous-consent Requests 

A unanimous-consent request to seek a conference is in order even 

though the House and Senate have not yet reached the stage of disagreement. Indeed, there have been rare instances where the House by unanimous 

consent has ‘‘deemed’’ a House bill with possible Senate 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. 

§ 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 §§ 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 § 3242. The special 

order of business may: 

0 Take a House bill with Senate amendments from the Speaker’s table and 

send it directly to conference. 7 Cannon § 826. 

0 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 § 822. 

0 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. 

0 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 §§ 3243, 3244. 

339 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 6 

0 Discharge a committee from consideration of a bill with Senate amendments and ask for, or agree to, a conference thereon. 7 Cannon §§ 820, 

821. 

II. Conference Managers 

§ 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 § 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: 

0 A majority of Members who generally supported the House position, as determined by the Speaker. 

0 Members who are primarily responsible for the legislation. 

0 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 § 637. The Speaker may specify the legislative issues on which individual managers are to confer. Manual § 536. 

Number of Managers 

In the early practice of the House, three Members were usually appointed to a conference by the Speaker. 5 Hinds § 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 § 3221. A motion to instruct the Speaker as to the 

number of managers to be appointed is not in order. Manual § 637; 8 Cannon § 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 § 6334. For a discussion of conference meetings, see 

§ 10, infra. 

340 

§ 7 HOUSE PRACTICE

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 § 6.17. 

§ 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 § 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 § 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 § 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 

§ 637. 

§ 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 §§ 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 § 8.7. 

341 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 9 

Vacancies on a conference committee are filled through appointment by 

the Speaker. 5 Hinds § 6372; 8 Cannon § 3228. The Speaker may appoint 

a conferee to fill a vacancy caused by death or ill health, resignation, or 

removal. Deschler-Brown Ch 33 §§ 8.3, 8.8. The Speaker may appoint the 

successor conferee with all or part of the authority of the original conferee. 

98-2, Mar. 21, 1984, p 6249. 

Usually a conferee resigns by sending a letter of resignation to the 

Speaker. The letter is laid before the House. A conferee may be excused 

by unanimous consent at the request of another Member, particularly where 

time is of the essence. Deschler-Brown Ch 33 § 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 § 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. DeschlerBrown Ch 33 § 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 §§ 6288-6291, 6324. So fixed was this practice that 

their reappointment had a special significance, indicating an unyielding temper. 5 Hinds §§ 6352-6368. However, later practice was to reappoint the 

same managers (5 Hinds §§ 6341-6344) unless a change was necessary to 

enable the sentiment of the House to be represented (5 Hinds § 6369). For 

motions to discharge and appoint new conferees, see § 14, infra. 

§ 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: 

0 May not change text that has already been agreed to by both Houses. 5 

Hinds §§ 6417, 6418, 6420. 

0 May not address new items or a new subject not committed to the conference. 5 Hinds §§ 6407, 6408; 8 Cannon §§ 3254, 3255; 107-2, Nov. 

14, 2002, p 22408. 

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§ 9 HOUSE PRACTICE

0 Must confine themselves to matters that are within the scope of the difference between the House position and the Senate position. Manual 

§ 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 § 1088. A matter not within the scope of the differences committed 

to the conference lies beyond the authority of the managers even though 

germane to the question at issue. 5 Hinds § 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 § 1088. For a discussion of points of order against 

the report, see § 22, infra; for the use of special orders of business to waive 

the point of order for exceeding ‘‘scope,’’ see § 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 

§ 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 § 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 

§ 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 

343 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 10 

exceeded their authority. Deschler-Brown Ch 33 § 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 § 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 §§ 6437-6439. Concurrent resolutions permitting managers to consider matters not technically committed to conference are considered by unanimous consent. Manual § 527. 

§ 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 § 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 § 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 record vote determines otherwise. Manual § 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 § 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 

344 

§ 10 HOUSE PRACTICE

of new conferees without intervening motion to instruct. Deschler-Brown Ch 

33 § 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 § 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 

§ 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 

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CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 11 

with a motion agreed to in the conference meeting. Deschler-Brown Ch 33 

§ 7.13. 

III. Instructions to Managers; Motions 

§ 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: 

0 Insist on a portion of a House amendment to a Senate bill. 93-1, July 24, 

1973, pp 25539-41. 

0 Agree to a numbered Senate amendment with an amendment that is within 

scope. Manual § 541. 

0 Insist on certain provisions in a House-passed bill. 96-1, Dec. 19, 1979, p 

36895. 

0 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. 

0 Insist on a meeting with Senate conferees. Manual § 1079. 

Limitations on Instructions 

Instructions may not direct conference managers to do that which they 

might not otherwise do (5 Hinds §§ 6386, 6387; 8 Cannon §§ 3235, 3244), 

such as to change a part of a bill not in disagreement (5 Hinds §§ 6391- 

6394). In addition, instructions may not: 

0 Change the text to which both Houses have agreed. 5 Hinds § 6388. 

0 Direct the conferees to agree to something not committed to conference. 

Manual § 1088. 

0 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 § 1088. 

0 Direct conferees to concur in a Senate amendment with an amendment not 

germane thereto. 8 Cannon § 3235. 

0 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 §§ 3241, 3242. 

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§ 12 HOUSE PRACTICE

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 § 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 § 1076. 

§ 12. Consideration of Motions to Instruct 

Generally 

The opportunity for the House to instruct conferees arises at three distinct stages of the legislative process: (1) at the time the House votes to 

go to conference, (2) 20 calendar days and, concurrently, 10 legislative days 

after the second House has appointed conferees, the conferees having failed 

to report (§ 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 (§ 15, infra). For a discussion of recognition and debate of such 

motions, see § 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 §§ 6379-6382. The motion is not in order 

until the House has voted to ask for or agree to a conference. DeschlerBrown Ch 33 § 10.5. Only one motion to instruct conferees is in order at 

this stage. Manual § 541; 8 Cannon § 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 § 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, 

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CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 13 

the previous question may be moved on the motion to instruct. DeschlerBrown Ch 33 § 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 § 9.14. The postponement of consideration of such a motion is permitted by unanimous consent. 

Deschler-Brown Ch 33 § 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 § 1079. 

§ 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 § 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 § 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 § 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 § 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 § 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 § 45.2. However, the 20-day motion to instruct 

(see § 14, infra) is divisible, provided separate substantive propositions are 

348 

§ 14 HOUSE PRACTICE

presented. Manual § 921. For more on the divisibility of motions, see DIVISION OF THE QUESTION FOR VOTING. 

§ 14. Motions After Failure of Managers to Report 

Where conferees have been appointed for 20 calendar days and, concurrently, 10 legislative days (or for 36 hours during the last six days of a session) and have failed to file a report, motions to instruct the House managers—or discharge and appoint new ones—are in order. 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 § 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 

§ 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 § 877. 

The practice that precludes more than one motion in the House to instruct conferees before their appointment (§ 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 § 541. Indeed, a motion to instruct House conferees who have failed to report for 

20 calendar days and, concurrently, 10 legislative days is in order even 

though its instructions are the same as those given to the conferees at the 

time the bill was sent to conference. 92-2, May 11, 1972, pp 16838-42. The 

motion remains available when a conference report is recommitted by the 

first House to act thereon, because the conferees are not discharged and the 

original conference remains in existence. Manual § 1079. 

§ 15. Instructions in Motions to Recommit 

A motion to recommit a conference report may include instructions to 

the House conferees. 8 Cannon § 3241; § 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 § 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 § 1076. Similarly, a motion to recommit a 

conference report may not instruct conferees to expand definitions to include 

349 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 17 

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 § 1088. 

Under clause 7(d) of rule XXII, instructions to conferees in a motion 

to recommit to conference may not include argument. 

§ 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 § 550. A failure 

of conferees to adhere to such instructions does not render their report subject to a point of order. Manual § 541; 5 Hinds § 6395; 8 Cannon §§ 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 

§ 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 § 541. For a discussion of 

voting on the report, see § 36, infra. 

IV. Conference Reports 

A. Generally; Form 

§ 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 § 543; 

5 Hinds §§ 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 §§ 6460-6464. 

For a discussion of disposition of amendments remaining in disagreement 

350 

§ 17 HOUSE PRACTICE

between the Houses, see SENATE BILLS; AMENDMENTS BETWEEN THE

HOUSES. 

A conference report is jointly prepared by the managers from the House 

and the Senate. The report must be signed by a majority of the managers 

of the House and a majority of the managers on the part of the Senate. 

Under House precedents, the signatures must be without qualification, exception, or argument. § 18, infra. Minority views are not in order. Manual 

§ 543. The managers in the minority have no authority to make a formal 

report concerning the conference. 5 Hinds § 6406. 

Filing a conference report and subsequent printing in the Congressional 

Record are necessary to initiate the three-day waiting period that must precede the consideration of the report on the floor of the House. Manual 

§ 1082; § 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. DeschlerBrown Ch 33 § 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 § 1080. This statement 

is signed by a majority of the managers of each House, which, under House 

precedents, must be without qualification, exception, or argument. Manual 

§ 543. 

A report may not be received without the accompanying statement. 

Manual § 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 §§ 6511-6513. 

Pursuant to clause 9 of rule XXI, the joint explanatory statement must 

contain a listing of congressional earmarks and 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 § 20.4. A conferee may not 

revise or supplement a joint statement of managers by inserting in the ConVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00360 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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gressional Record by unanimous consent extraneous material. Manual 

§ 1080. 

§ 18. Signing and Signatures 

To be valid in the House, a conference report must be signed by a majority of the managers of the House and by a majority of the managers of 

the Senate without qualification, exception, or argument. Manual § 543; 5 

Hinds §§ 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 § 6497; 8 Cannon § 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 § 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 

§ 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 § 1093. 

Signatures with Qualifications 

Under prior practice, conferees were permitted to sign a conference report with qualification or exception. 5 Hinds §§ 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 § 543; 8 Cannon § 3302. However, under Senate practice, 

House and Senate signatures with conditions or exceptions are counted toward a majority. 

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§ 19 HOUSE PRACTICE

§ 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 § 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 § 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 

§ 20. In General 

A conference report is subject to a point of order for failure to comply 

with a rule of the House when the report is called up for consideration in 

the House and before debate on it begins. Deschler-Brown Ch 33 § 25.9. 

For a discussion of raising points of order, see § 27, infra. 

§ 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 § 1088; § 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 § 547; 8 Cannon § 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 § 25. A matter ruled out as beyond scope 

may constitute a germane amendment to a Senate amendment remaining in 

disagreement. 

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CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 23 

For a discussion of the Senate scope rule, clause 2 of Senate Rule 

XXVIII, see Deschler-Brown Ch 33 § 19.4. 

§ 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 § 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 § 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 § 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 § 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 

§ 7.4. 

§ 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 § 17.10. 

No other point of order under clause 10(a) may be made until disposition 

of the motion to reject. Manual § 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 § 1089. The adopVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00363 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 24 HOUSE PRACTICE

tion 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 § 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 § 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. § 28, infra. 

§ 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 § 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 § 1076. 

This point of order: 

0 Applies only to Senate amendments that are reported from conference and 

not to appropriations reported in Senate legislative bills. Manual § 1076. 

0 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 § 1076. 

0 Does not apply to a provision permitted by the House to remain in its own 

bill. Manual § 1076. 

0 May be waived by a special order of business or by unanimous consent. 

§ 28, infra. 

§ 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 §§ 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 § 1574. 

355 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 26 

Because of the point of order that will lie against the conferees’ agreement to a Senate legislative amendment to an appropriation bill under the 

rules, it was at one time a customary practice to report such amendments 

in technical disagreement, where such Senate amendments were separately 

numbered. The House would first consider a partial report consisting of the 

matter agreed to in conference and not in conflict with rule XXI, and then 

consider separately those amendments reported in real or technical disagreement. Such Senate amendments are not subject to a point of order when reported from conference in disagreement, and may be called up for disposition by separate motion. Manual § 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 § 1084; see 

SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES. However, under modern practice, the Senate ordinarily amends a House-passed general appropriation bill with one amendment in the nature of a substitute, which precludes reporting in partial disagreement of portions thereof and necessitates 

waivers of points of order in the House. 

§ 26. Congressional Budget Act Violations 

Congressional action on legislation reported from a conference committee is subject to the Congressional Budget Act of 1974. Manual § 1127. 

The following Congressional Budget Act points of order lie against a conference report: 

0 Containing spending, revenue, or debt-limit legislation for a fiscal year before a budget resolution for that year has been adopted. § 303(a). 

0 Containing matter within the jurisdiction of the House and Senate Budget 

Committees but not reported by those committees. § 306. 

0 On reconciliation legislation if containing a recommendation that changes 

Social Security. § 310(g). 

0 Breaching the allocation—to each committee with jurisdiction—of appropriate levels of budgetary spending authority. § 302(f). 

0 Breaching certain budgetary levels as set forth in the applicable concurrent 

resolution on the budget. § 311(a). 

0 Providing certain budget authority beyond that provided for in advance in 

appropriation acts. § 401. 

0 Increasing the costs of Federal intergovernmental mandates by amounts that 

exceed specified thresholds (to be determined by a vote on the question 

of consideration). § 425. 

0 On reconciliation legislation (in the Senate only) that includes extraneous 

provisions (the ‘‘Byrd Rule’’). § 313. 

356 

§ 27 HOUSE PRACTICE

§ 27. Raising Points of Order 

Generally 

A point of order against a conference report comes too late after debate 

has been had on the report. The point of order should be made when the 

report is called up for consideration and before debate thereon. DeschlerBrown Ch 33 § 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 § 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 has been available for three days (having 

been printed in the Congressional Record on the day filed). The report also 

may be considered as read by 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 § 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 § 1090. 

Where a point of order against a conference report is overruled, a second point of order may be pressed against the report, providing that debate 

on the report has not intervened. Deschler-Brown Ch 33 § 25.17. 

Points of Order and the Question of Consideration 

The question of consideration may be raised against a conference report 

before the Chair entertains points of order against the report on the ground 

that it is useless to entertain points of order if the House is not going to 

consider the report. However, a point of order should be decided first if it 

concerns whether the matter is privileged to come up for consideration in 

the first instance. Manual § 909. 

Under section 426 of the Congressional Budget Act of 1974, which provides for disposition of points of order that preclude unfunded Federal intergovernmental mandates, a question of consideration can be raised against a 

conference report that contains a provision increasing the costs of such mandates above levels specified in section 424 of that Act. If the provision is 

precisely identified in the point of order, the House can then, by voting on 

the question of consideration, determine whether or not to allow the entire 

conference report to be considered. 

357 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 28 

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 § 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 and 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, 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 against a special 

order of business that waives either clause 9(a) or 9(b). See § 28, infra. 

§ 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 § 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 

358 

§ 29 HOUSE PRACTICE

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: 

0 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. 

0 The consideration of a report not yet filed and amendments reported in disagreement, subject to one-hour availability to Members. Deschler-Brown 

Ch 33 § 2.24. 

0 The consideration of a report containing no joint statement of the managers. 

98-2, June 29, 1984, p 20206. 

0 The midnight filing of a new report on a bill recommitted to conference, 

and the consideration of the report on the following day. 97-2, Aug. 17, 

1982, pp 21397, 21398. 

By Motion to Suspend the Rules 

A conference report may be adopted pursuant to a motion to suspend 

the rules. Deschler-Brown Ch 33 § 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. DeschlerBrown Ch 33 § 26.28; Deschler-Brown Ch 33 § 27.9. 

C. Consideration and Disposition of Reports 

§ 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 § 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 

359 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 30 

House may nevertheless surrender the papers to the asking House so that 

it may act first on the report. Manual § 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 § 24.13. 

§ 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 § 1082. 

They require that conference reports: 

0 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). 

0 Be available to Members on the floor for at least two hours before consideration thereof. 

The three-day layover requirement does not apply during the last six 

days of a session. Manual § 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 § 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. § 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 

§ 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 § 27.9. 

360 

§ 31 HOUSE PRACTICE

§ 31. Filing and Calling Up Report; Reading 

Generally; Precedence 

A conference report may be called up in the House as privileged business after the report has been filed and is in compliance with the three-day 

layover and two-hour availability requirements of rule XXII. § 30, supra. 

Because of its potential value in settling House-Senate differences, the 

filing of a conference report is considered as a matter of high privilege. 

Clause 7 of rule XXII; Manual § 1077; 5 Hinds § 6443. A conference report 

must be filed by a conferee. Its presentation or filing takes precedence over: 

0 Unfinished business. Manual § 1077. 

0 The reading of a bill. 5 Hinds § 6448. 

0 A Member occupying the floor in debate. 5 Hinds § 6451. 

0 The ordering of (or demand for) the previous question. 5 Hinds §§ 6449, 

6450. 

0 The question of ordering a recorded vote. 5 Hinds § 6447. 

0 A motion to refer a Senate bill. 5 Hinds § 6457. 

0 A motion to reconsider. 5 Hinds § 5605. 

0 A motion to adjourn (although as soon as the report is presented the motion 

to adjourn may be put). Manual § 1077. 

Who May Call Up 

A conference report may be called up for consideration in the House 

by the senior manager on the part of the House at the conference. 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 § 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 § 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 been available for the three-day period, 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 § 20.9. 

Withdrawal; Postponement 

A conference report may be withdrawn from consideration in the House 

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CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 33 

Brown Ch 33 § 20.9. Similar practice in the Senate has been criticized. 5 

Hinds § 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 § 30.9. Under 

clause 1(c) of rule XIX, adopted in the 111th Congress, 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 § 1000a. 

§ 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 § 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 § 22.10. 

Amendments in Disagreement 

Where two or more amendments have emerged from conference in disagreement, they may by unanimous consent be considered en bloc where the 

same motion is to be applied to each amendment. Deschler-Brown Ch 33 

§ 29.42. Proposed motions to dispose of the amendments that were not all 

the same (as where they proposed to recede and concur with different 

amendments) also may be considered by unanimous consent. DeschlerBrown Ch 32 § 11.10. For disposition of Senate amendments generally, see 

SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES. 

§ 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 §§ 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 §§ 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. 

362 

§ 34 HOUSE PRACTICE

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 § 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 § 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. Manual § 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 threeway 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 § 1086. 

§ 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 § 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 § 8.11. Where conferees have 

363 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 35 

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 

§ 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 § 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 § 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. 

§ 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 § 550. After one House has acted 

on a report, the other House has only the option of accepting or rejecting 

it. Deschler-Brown Ch 33 § 32.6. After both Houses have acted on the reVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00373 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
364 

§ 35 HOUSE PRACTICE

port, it may be recommitted to conference only by concurrent resolution. 

Manual § 550; 8 Cannon § 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. DeschlerBrown Ch 33 § 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 

§ 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. DeschlerBrown Ch 33 § 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 § 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 § 32.51. The same conferees remain appointed. Deschler-Brown Ch 33 

§ 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 § 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 § 14, supra. 

For a discussion of instructions in a motion to recommit, see § 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 § 32.40. This procedure 

may be used: 

0 To recommit a report in which an error has been discovered. DeschlerBrown Ch 33 § 32.40. 

0 To permit the conferees to make certain changes and to file a new report. 

Deschler-Brown Ch 33 § 32.41. 

365 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 36 

0 Where the conferees have exceeded their authority in reporting a matter not 

in disagreement. 90-1, June 28, 1967, p 17738. 

A conference report also may be recommitted by a special 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. 

§ 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 

§§ 6546, 6558. For recommittal, see § 35, supra. Conference reports may not 

be: 

0 Disposed of by the motion to table after the previous question is ordered. 

5 Hinds §§ 6538-6544. 

0 Referred to a standing committee. 5 Hinds § 6558. 

0 Amended (5 Hinds §§ 6534, 6535), except by concurrent resolution (5 

Hinds § 6536). 

0 Sent to Committee of the Whole. 5 Hinds §§ 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 § 6517; 8 Cannon § 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 § 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 Speaker’s discretion 

to postpone a vote on a conference report, see clause 8 of rule XX; Manual 

§ 1030. For postponement of conference reports, see § 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 

§ 30.5. Until the report has been acted on, no motion to deal with individual 

amendments reported in disagreement is in order. 5 Hinds §§ 6323, 6389, 

366 

§ 37 HOUSE PRACTICE

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 §§ 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 § 29.3. For a discussion of amendments reported in total disagreement, see § 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 

§§ 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. 

§ 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 § 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 §§ 551, 1075; 8 Cannon § 3303. Thus, the House may reject a conference report, insist on disagreement to a Senate amendment, and ask for 

a further conference. Manual § 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 § 31.8. 

D. Disposition Where Managers Report in Total 

Disagreement 

§ 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 §§ 6565-6570. The report is filed and ordered 

printed. Manual § 545. Under the former practice, amendments reported in 

total disagreement could be taken up for immediate consideration in the 

367 

CHAPTER 13—CONFERENCES BETWEEN THE HOUSES § 38 

House. 8 Cannon §§ 3299, 3332. Today the matter in disagreement is subject 

to the three-day 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. DeschlerBrown Ch 33 § 29.13. In the House, after the report is called up, action is 

taken on the amendment in disagreement but not on the report. DeschlerBrown Ch 33 § 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. DeschlerBrown Ch 33 § 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 § 33, supra. Motions to dispose of 

amendments in disagreement, see SENATE BILLS; AMENDMENTS BETWEEN

THE HOUSES. 

369 

Chapter 14 

Congressional Procedures Enacted in Law 

§ 1. In General 

§ 2. Constitutionality 

§ 3. Consideration in the House 

Research References 

U.S. Const. art. I, § 7 

Manual § 1130 

§ 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 §§ 719f, 719g; Manual § 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, §§ 602(c), 604; Manual § 1130(5). 

The House Rules and Manual carries a compilation of current texts of congressional disapproval provisions that include expedited procedures. Manual 

§ 1130. 

§ 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 was unconstitutional. The Court said 

the device violated the doctrine of separation of powers, the principle of bicameralism, and the clause of the Constitution requiring that legislation 

passed by both Chambers must be presented to the President for signature 

370 

§ 3 HOUSE PRACTICE

or veto. In an earlier decision, the Court of Appeals specifically held a oneHouse legislative veto provision in the Natural Gas Policy Act of 1978 (15 

USC § 3341(b)) unconstitutional. In its decision, the circuit court for the 

District of Columbia said that the primary basis for its holding was that the 

one-House veto violates article I, section 7, of the Constitution both by preventing the President from exercising 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 § 1130. 

§ 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 § 1130. 

These procedures technically are rules of the House, enacted expressly or 

implicitly as an exercise of the House’s rule-making authority. At the beginning of each Congress, it is customary for the House to reincorporate by 

reference in the resolution adopting its rules such 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 such procedures. Manual § 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 neverVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00380 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 14—CONGRESSIONAL PROCEDURES ENACTED IN LAW § 3 

theless interpret the special statutory provisions to apply if consistent with 

the special order of business. 97-1, Dec. 10, 1981, p 30486. 

373 

Chapter 15 

Congressional Record 

§ 1. In General; Control Over the Congressional Record 

§ 2. Matters Printed in the Congressional Record 

§ 3. Corrections; Deletions 

§ 4. Printing Errors 

§ 5. Extensions of Remarks; Insertions 

Research References 

5 Hinds §§ 6958-7024 

8 Cannon §§ 3459-3502 

Deschler Ch 5 §§ 15-20 

Manual §§ 685-692, 967, 968 

§ 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 § 6959. 

The Congressional Record is governed by statutory provisions and rules 

as to its format and content. 44 USC §§ 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 §§ 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 §§ 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 

§ 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 § 686. Under clause 1(k) of rule X, the Committee on House Administration has jurisdiction of matters relating to printing and correction of the Record. 

374 

§ 2 HOUSE PRACTICE

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 §§ 6964, 6967; 8 Cannon § 3460. 

§ 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 § 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 § 967. Clause 8 applies to 

statements and rulings of the Chair as well as to debate. Manual § 968. Because of this requirement, the Speaker will not entertain a unanimous-consent request to give a special-order speech ‘‘off the Record.’’ Manual § 687. 

Additional matters required by statute or House rules to be printed in 

the Congressional Record include: 

0 The oath of office subscribed to by a Member. 2 USC § 25. 

0 Referrals to committee under clause 7 of rule XII. Manual § 825. 

0 The filing of committee reports. Manual § 831. 

0 Reports submitted to Congress pursuant to a statute requiring publication 

in the Record. See, e.g., 2 USC § 1383. 

0 Amendments to be protected for debate time under clause 8 of rule XVIII. 

Manual § 987. 

0 Conference reports and accompanying statements. Manual § 1082. 

0 Messages received from the Senate and President giving notice of bills 

passed or approved under clause 1 of rule XII. Manual §§ 815, 875. 

0 Motions to discharge. Manual § 892. 

0 Certain changes in votes. Deschler Ch 5 § 16.14. 

0 The addition or deletion of the name of a cosponsor. Manual § 825. 

0 Measures introduced ‘‘by request.’’ Manual § 826. 

The Congressional Record is for the proceedings of the House and Senate only, and unrelated matters are rigidly excluded. 5 Hinds § 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 §§ 6983, 7017. The House, and not the Speaker, determines the extent to which a Member may be allowed to extend remarks 

(5 Hinds §§ 6997-7000; 8 Cannon § 3475), whether or not a copyrighted arVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00384 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
375 

CHAPTER 15—CONGRESSIONAL RECORD § 3 

ticle shall be printed therein (5 Hinds § 6985), or whether there has been 

an abuse of the leave to print (5 Hinds § 7012; 8 Cannon § 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: 

0 Information relative to the installation of voting equipment in the Chamber. 

91-2, Nov. 25, 1970, p 39085. 

0 Records from litigation involving the House. 90-1, Apr. 10, 1967, pp 8729- 

62. 

0 Summaries of the work of Congress or its committees at adjournment. 

Deschler Ch 5 § 16. 

0 Extraneous and tabular matter to establish legislative history concerning the 

codification of the standing rules. 106-1, Jan. 6, 1999, p 78. 

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. 

§ 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 § 967. 

376 

§ 4 HOUSE PRACTICE

The remarks of a Member, if in order, cannot be stricken from the Congressional Record by the House. 5 Hinds § 6974; 8 Cannon § 3498. However, remarks that are out of order may be excluded from the Record by 

House order. Deschler Ch 5 § 19.8. Remarks by a Member not under recognition do not appear in the Record. Manual §§ 687, 946. 

The Committee of the Whole has no authority over the Congressional 

Record. 5 Hinds § 6986; Deschler Ch 5 § 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 § 686. 

§ 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 § 6972. The authority to correct such errors is vested in 

the House, not the Speaker. 5 Hinds § 7019; Deschler Ch 5 § 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 §§ 690, 704; Deschler Ch 5 §§ 18.1, 18.2. 

However, this question may not be raised until the daily edition of the 

Record has appeared (Deschler Ch 5 § 18), and no corrections may be submitted after the permanent edition of the particular volume is published 

(Deschler Ch 5 § 18.12). 

Errors that may be corrected under this procedure are errors in the transcript or printing of the proceedings, not errors of fact made by a Member 

during debate. The House may not change the Congressional Record merely 

to show what should have been said on the floor. 5 Hinds § 6974; 8 Cannon 

§ 3498; Deschler Ch 5 § 18. A mere typographical error or proper revision 

of a Member’s remarks does not give rise to a question of privilege. Manual 

§ 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 § 690; Deschler Ch 5 § 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 § 18.9. Such motion or resolution is 

377 

CHAPTER 15—CONGRESSIONAL RECORD § 5 

debatable under the hour rule and is subject to motions under clause 4 of 

rule XVI. Deschler Ch 5 §§ 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. 

§ 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 be permitted to 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 §§ 6990-6993; Deschler Ch 5 § 20. This has been a 

long-standing practice, dating from as early as 1852, when it was the custom 

to print undelivered speeches in the Appendix to the Record. 5 Hinds 

§ 6993. Under the modern practice, such insertions are normally permitted 

by unanimous consent, a motion to do so not being privileged. Deschler Ch 

5 § 20.11. Beginning in the 106th Congress, the House has, by unanimous 

consent, authorized all Members to revise and extend their remarks and include extraneous material (within two Record pages) during either one session or an entire Congress. See, e.g., 106-1, Jan. 6, 1999, p 247; 112-1, Jan. 

5, 2011, p ll. 

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. 

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 § 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 

§ 20. Typically, the manager of a bill will propound a unanimous-consent 

request to authorize such extensions, to be submitted within five legislative 

days. If submitted on the day the bill was considered, such extensions will 

378 

§ 5 HOUSE PRACTICE

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 § 687. 

Timeliness 

Permission to extend must be sought at the proper time. Requests to 

insert made prior to the reading and approval of the Journal will not be entertained. Deschler Ch 5 § 20.4. 

Strict Construction 

Authorizations to extend remarks in the Congressional Record are 

strictly construed. Deschler Ch 5 § 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 

§ 3479; Deschler Ch 5 § 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 § 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 § 628; 96-2, Jan. 30, 1980, p 1319. 

Limitations on Insertions 

Under leave to extend, a Member may not insert matter that: 

0 Would be out of order if stated on the House floor. 5 Hinds § 7003; Deschler Ch 5 § 20. 

0 Fails to comply with statute or the rules of the Joint Committee on Printing 

as to format (44 USC § 904) or cost-estimate requirements for extraneous 

matter exceeding two Congressional Record pages (Manual § 692). 

0 Fails to conform to the descriptions implicit in the request to which the 

House consented. 5 Hinds § 7001; 8 Cannon § 3479; Deschler Ch 5 

§§ 20.25, 20.26. 

0 Fails to include the Member’s signature. Manual § 686. 

0 Alters the nature of colloquies as delivered on the floor or changes the 

meaning of what another Member said. Deschler Ch 5 §§ 19.3, 19.17, 

20.3. 

379 

CHAPTER 15—CONGRESSIONAL RECORD § 5 

0 Inserts an entire colloquy between two or more Members that was not actually delivered. Manual § 692. 

0 Includes newspaper articles or other extraneous matter without having obtained authority to do so. Manual § 692; 8 Cannon §§ 3480-3483. 

Abuse of Leave to Print 

Abuse of the leave to print may give rise to a question of privilege. 

5 Hinds §§ 7008, 7011; 8 Cannon §§ 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 §§ 7020, 7021; 8 Cannon §§ 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 § 7012. A committee having been appointed to investigate the propriety of a Member’s remarks in the Record, the Member 

was afforded an opportunity to be heard. 8 Cannon § 3491. 

Expungement 

The extension of remarks in the Congressional Record by a Member 

without the permission of the House constitutes grounds for a question of 

the privilege of the House, and the House may expunge such remarks from 

the Record. Deschler Ch 5 § 20.2. A resolution to expunge remarks alleged 

to be an abuse of leave to print is privileged and is debatable. 8 Cannon 

§§ 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 § 692. 

Form 

MEMBER: Ml. Speaker, I ask unanimous consent to extend my remarks and to include extraneous material on H.R. lllll. 

MANAGER: Ml. 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. lllll. 

MAJORITY LEADER: Ml. Speaker, I ask unanimous consent that for the 

lllll 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.’’ 

381 

Chapter 16 

Consideration and Debate 

A. INTRODUCTORY; INITIATING CONSIDERATION AND DEBATE

§ 1. In General; In the House 

§ 2. Order of Consideration 

§ 3. Use of Special Orders of Business 

§ 4. Consideration Under Suspension of the Rules 

§ 5. Role of Calendars 

§ 6. Consideration by Unanimous Consent 

§ 7. In the Committee of the Whole 

§ 8. In the House as in the Committee of the Whole 

§ 9. Limitations on Debate; Nondebatable Matters 

B. CONTROL AND DISTRIBUTION OF TIME FOR DEBATE

§ 10. In General; Role of Manager 

§ 11. Distribution and Alternation; Closing General Debate 

§ 12. Management by Committee; Closing Controlled Debate on an 

Amendment 

§ 13. Designation of Member Who May Call Up a Measure 

§ 14. Effect of Special Orders of Business 

§ 15. Yielding Time— For Debate 

§ 16. — Yielding for Amendment 

§ 17. Interruptions; Losing or Surrendering Control 

C. RELEVANCY IN DEBATE

§ 18. In General; In the House 

§ 19. In the Committee of the Whole— General Debate 

§ 20. — Under the Five-Minute Rule 

D. DISORDER IN DEBATE

§ 21. In General 

§ 22. Disorderly Language 

§ 23. — Critical References to the Senate and to Senators 

§ 24. — References to the Press, Media, or Gallery 

§ 25. — References to Executive Officials 

382 

HOUSE PRACTICE

§ 26. Procedure; Calls to Order 

§ 27. — Procedure in the Committee of the Whole 

§ 28. — Taking Down Words 

§ 29. — Withdrawal or Modification of Words 

§ 30. — Permission to Explain 

§ 31. — Speaker’s Ruling 

§ 32. — Discipline; Post-Ruling Motions 

E. CRITICAL REFERENCES TO THE HOUSE, COMMITTEES, OR

MEMBERS

§ 33. In General; Criticism of the House 

§ 34. Criticism of Committees 

§ 35. Criticism of Speaker 

§ 36. Criticism of Legislative Actions or Proposals 

§ 37. Critical References to Members 

§ 38. — Use of Colloquialisms; Sarcasm 

§ 39. — Impugning Motives 

§ 40. — Charging Falsehood or Deception 

§ 41. — Lack of Intelligence or Knowledge 

§ 42. — References to Race, Creed, or Racial Prejudice 

§ 43. — Charges Relating to Loyalty or Patriotism 

F. DURATION OF DEBATE IN HOUSE

§ 44. In General 

§ 45. The Hour Rule 

§ 46. Ten-minute, 20-minute, and 40-minute Debate 

§ 47. Debate in the House as in the Committee of the Whole 

§ 48. Limiting or Extending Time for Debate 

§ 49. Terminating Debate 

§ 50. One-minute and Special-order Speeches; Morning-hour Debate 

G. DURATION OF DEBATE IN THE COMMITTEE OF THE WHOLE

§ 51. In General; Effect of Special Orders of Business 

§ 52. General Debate 

§ 53. Limiting General Debate 

§ 54. Five-minute Debate 

§ 55. — Limiting or Extending Five-minute Debate— By House Action 

383 

CHAPTER 16—CONSIDERATION AND DEBATE § 1 

§ 56. — By Motion in the Committee of the Whole 

§ 57. — By Unanimous Consent in the Committee of the Whole 

§ 58. Motions Allocating or Reserving Time 

§ 59. Timekeeping; Charging Time 

H. READING PAPERS; DISPLAYS AND EXHIBITS

§ 60. Reading Papers 

§ 61. Use of Exhibits 

§ 62. — Decorum Requirements 

I. SECRET SESSIONS

§ 63. In General 

§ 64. Motions; Debate 

§ 65. Secrecy Restrictions and Guidelines 

Research References 

5 Hinds §§ 4978-5299 

8 Cannon §§ 2448-2608 

Deschler-Brown Ch 29 

Manual §§ 359, 364, 369-371, 465, 622, 891, 945-969, 978-981, 987, 

994-999 

A. Introductory; Initiating Consideration and Debate 

§ 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 §§ 853-868. However, nonprivileged matter contained in a measure reported under clause 5 of rule 

384 

§ 1 HOUSE PRACTICE

XIII destroys the privilege of the measure; and consideration must depend 

on one of the three remaining procedures. Manual §§ 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 bills under certain 

circumstances. §§ 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 § 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 §§ 4982- 

4985, 5304. However, debate may be initiated without motion: 

0 Under a reservation of the right to object to a unanimous-consent request. 

4 Hinds § 3058. 

0 When questions of personal privilege are raised. 3 Hinds § 2546. 

0 When conference reports are considered, the question on agreeing being regarded as pending. Manual § 550; 5 Hinds § 6517. 

0 When the Committee of the Whole reports its recommendation to the 

House, unless the previous question is ordered. 4 Hinds § 4896. 

0 When personal explanations are made by unanimous consent. 5 Hinds 

§ 5064. 

0 When special orders of business providing for consideration of a measure 

have been adopted. Manual §§ 734, 972. 

0 When a measure on a special calendar or on a special day has been called 

up. Rule XV. 

385 

CHAPTER 16—CONSIDERATION AND DEBATE § 3 

§ 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 § 869. The 

order of consideration may be varied by unanimous-consent agreements or 

by special orders of business reported from the Committee on Rules and 

adopted by the House. See §§ 3, 6; 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 §§ 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 

§ 885; see also §§ 4, 5, infra. 

§ 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 § 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 § 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 §§ 20.16, 20.17. 

386 

§ 4 HOUSE PRACTICE

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 §§ 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 § 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. 

§ 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 §§ 885, 887; 5 Hinds 

§§ 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 § 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. 

§ 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 

387 

CHAPTER 16—CONSIDERATION AND DEBATE § 9 

legislative business reported from committee is referred to one of these calendars. Manual § 828. In addition, the House maintains a Calendar of Motions to Discharge Committees. Manual §§ 830, 892. The former Consent 

Calendar and Corrections Calendar have been abolished. Manual §§ 898, 

899. For a discussion of the various calendars, see CALENDARS. 

§ 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 §§ 381, 872, 956; 4 

Hinds § 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. 

§ 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 §§ 3214, 4705, 4822; Deschler Ch 19 §§ 1, 4. 

For comprehensive discussion of consideration of measures in Committee of the Whole, see COMMITTEES OF THE WHOLE. 

§ 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 § 427. This practice 

permits consideration of a measure under the five-minute rule rather than 

the hour rule, but without general debate. 4 Hinds § 4924; Manual § 424. 

For a discussion of consideration of measures in the House as in the Committee of the Whole, see COMMITTEES OF THE WHOLE. 

§ 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 § 957), the 40-minute rule (Manual §§ 891, 999), the 20-minute rule (Manual § 892), the ten-minute rule 

(Manual § 987), the five-minute rule (Manual § 978), and the time limits 

388 

§ 9 HOUSE PRACTICE

that are imposed on the one-minute speeches or special-order speeches that 

are often permitted when no legislative business is pending (Manual § 950). 

For a more detailed discussion of these time limitations, see §§ 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. §§ 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: 

0 A motion that the Journal be read in full. Manual § 621. 

0 A motion for the previous question. Deschler Ch 23 § 21. 

0 A motion to go into the Committee of the Whole. 4 Hinds §§ 3062, 3078; 

6 Cannon § 716. 

0 A motion that the Committee of the Whole rise and report. 4 Hinds 

§§ 4766, 4782; Deschler Ch 19 § 22.4. 

0 A motion for a call of the House or incidental to a call of the House. Manual § 1024; 6 Cannon §§ 683, 688. 

0 A resolution authorizing the Sergeant-at-Arms to arrest absentees. 6 Cannon 

§ 686. 

0 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 § 913. 

0 A concurrent resolution providing for a sine die adjournment or for adjournment to a day certain. Manual § 84. 

0 A motion to adjourn. Manual § 911; Deschler-Brown-Johnson Ch 40 § 5. 

0 A motion to lay on the table. 6 Cannon § 415; 8 Cannon § 2465. 

0 A motion to reconsider an undebatable proposition. 5 Hinds §§ 5694-5699. 

0 A motion to close general debate or to limit five-minute debate. Manual 

§ 979; 5 Hinds § 5203. 

0 A motion to strike unparliamentary language from the Congressional 

Record. 6 Cannon § 617. 

0 An incidental question of order after a demand for the previous question. 

Manual § 1000. 

389 

CHAPTER 16—CONSIDERATION AND DEBATE § 10 

0 An incidental question of order arising during a division. 5 Hinds § 5926. 

0 A motion that the Committee of the Whole take up a bill out of calendar 

order. 8 Cannon §§ 2331, 2333. 

0 A motion for a change of reference of a bill. Manual § 825. 

0 A question of consideration (with limited exceptions). Manual § 906. 

0 A question relating to the priority of business. Manual § 884. 

0 An appeal from a decision of the Chair on the priority of business. 5 Hinds 

§ 6952; Manual § 884. 

0 An appeal from a decision of the Chair on relevancy of debate. 5 Hinds 

§§ 5056-5063. 

0 An amendment to the title of a bill. Clause 6 of rule XVI; 8 Cannon 

§ 2907. 

B. Control and Distribution of Time for Debate 

§ 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. § 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 § 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 yielded to another. See § 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 § 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 

390 

§ 11 HOUSE PRACTICE

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 

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 § 26.7. Such delegation 

of control is ineffective where challenged unless communicated to the Chair. 

Deschler-Brown Ch 29 § 26.30. 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 § 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. DeschlerBrown Ch 29 § 26.10. 

For further discussion on control of debate by managers, see also § 12, 

infra. 

§ 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 § 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 § 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. 

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CHAPTER 16—CONSIDERATION AND DEBATE § 12 

bate 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 § 959. 

§ 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 

§ 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 § 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 § 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 

392 

§ 13 HOUSE PRACTICE

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 § 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 § 959. 

For further discussion on control of debate by managers, see § 10, 

supra. 

§ 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 §§ 27.1, 27.2. A special 

order of business also may designate the Member. § 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. 

§ 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 § 28. That control can be delegated to a designee 

on the committee. 

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 § 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 secVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00402 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 16—CONSIDERATION AND DEBATE § 14 

ondary committees controlling a lesser amount of time. Deschler-Brown Ch 

29 § 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 § 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 § 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 closing debate by the primary committee. 99-1, Dec. 5, 

1985, pp 34638, 34644. A majority manager of the bill who represents the 

primary committee of jurisdiction is entitled to close general debate (as 

against another manager representing an additional committee of jurisdiction). Manual § 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 

§ 959; § 10, supra. 

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§ 15 HOUSE PRACTICE

mittee, 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. 

§ 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 §§ 5023, 5026. That practice 

began to change with the adoption of the hour rule for debate in 1841. 5 

Hinds § 5021. 

Under current practice, a Member controlling the time during debate 

may yield blocks of time for debate to others, be seated, and still retain the 

right to resume debate or move the previous question. 8 Cannon § 3383. The 

yielding of time for debate is discretionary with the Members who have 

control thereof. Deschler-Brown Ch 29 §§ 31.1, 31.2. A Member may not 

yield for purposes of debate when rising merely to make or reserve a point 

of order. Deschler-Brown Ch 31 § 7.5. A Member may not yield to another 

for debate while under recognition merely for a parliamentary inquiry. 

Deschler-Brown Ch 29 § 20.7. 

A Member who seeks yielded time should address the Chair and request 

the permission of the Member speaking. Deschler-Brown Ch 29 § 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 § 946. 

The time used by yielding is ordinarily charged against the yielding 

Member. Deschler-Brown Ch 29 § 29.5. Unused time reverts to the yielding 

Member. Deschler-Brown Ch 29 § 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 § 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 

395 

CHAPTER 16—CONSIDERATION AND DEBATE § 15 

designated Members and permit them to yield more than once to other 

Members. Manual § 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 § 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 § 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 § 31.24. 

During five-minute debate Members may yield, as for a question or 

comment, but may not yield blocks of time. 5 Hinds §§ 5035-5037. A Member yielding to a colleague during debate under the five-minute rule should 

remain standing to protect such Member’s right to the floor. Deschler-Brown 

Ch 29 § 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 § 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 § 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, 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. DeschlerBrown Ch 29 § 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 

396 

§ 16 HOUSE PRACTICE

to yield half of that time as is the customary practice of the Committee on 

Rules. Deschler-Brown Ch 29 § 15.20. 

Yielding Time During Yielded Time 

A Member to whom time has been yielded during debate under the 

hour rule in the House may, while remaining standing, 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 § 31.21. A similar rule is followed in the Committee of the Whole. Deschler-Brown Ch 29 

§ 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 § 31.19. 

§ 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 §§ 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 § 946; 8 Cannon § 2474; DeschlerBrown Ch 29 § 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 §§ 2471, 

2478; Deschler-Brown Ch 29 § 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 §§ 5021, 5030, 5031; 8 Cannon § 2476; 

Manual § 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 § 997. The previous question takes 

precedence over an amendment. Clause 4 of rule XVI; Manual § 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 § 33.9. 

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CHAPTER 16—CONSIDERATION AND DEBATE § 17 

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 § 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 § 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 § 981. 

§ 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 § 42.14; Manual § 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 § 957. A 

Member also may lose the floor if ruled out of order for disorderly language. Deschler-Brown Ch 29 § 33. Finally, a Member loses the floor if 

yielding for other legislative business (8 Cannon § 2468) or for an amendment (§ 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 

§ 6451; 8 Cannon § 3294. In addition, it is customary for the Speaker to request a Member to yield for the reception of a message. Manual § 946. 

However, a parliamentary inquiry may not be used to interrupt a Member. 

Manual § 628a. 

Although a motion proposed by the Member in charge may be displaced by a preferential motion, a Member may not by offering such motion 

398 

§ 18 HOUSE PRACTICE

deprive the Member in charge of the floor. 8 Cannon § 3259. A Member 

having the floor may not be deprived of the floor: 

0 By a motion to adjourn. 5 Hinds §§ 5369, 5370; 8 Cannon § 2646. 

0 By a demand for the previous question. 8 Cannon § 2609. 

0 By a question of personal privilege. 5 Hinds § 5002; 8 Cannon § 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 § 628a; 8 Cannon 

§§ 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. DeschlerBrown Ch 31 § 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 § 15.8. 

C. Relevancy in Debate 

§ 18. In General; In the House 

Members addressing the House must confine themselves ‘‘to the question under debate. . . .’’ Clause 1 of rule XVII; Manual § 945. The rule, 

which was adopted in 1811, enables the House to expedite proceedings 

when a specific proposition is before it for action. Manual § 945; 5 Hinds 

§§ 4979, 5043-5048; 8 Cannon § 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 § 359. 

399 

CHAPTER 16—CONSIDERATION AND DEBATE § 18 

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 § 5053. The rule is also applicable to 

debate on private bills. 8 Cannon § 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 § 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 § 5043 (note). Under modern practice, 

however, the Chair waits for a point of order to be made and rarely calls 

a Member to order sua sponte for speaking on an unrelated question. Manual § 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 § 35. A Member is sometimes permitted to discuss matters other than 

the pending measure by unanimous consent. Deschler-Brown Ch 29 § 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 §§ 5044-5048) and to maintain an ongoing ‘‘nexus’’ between the 

pending bill and any broader policy issues (Manual § 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 § 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 § 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 § 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 

§§ 5075-5077; 6 Cannon §§ 576, 608; 8 Cannon §§ 2448, 2481; DeschlerBrown Ch 29 § 36. Debate on a privileged resolution recommending disciplinary action against a Member may include comparisons with other such 

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§ 19 HOUSE PRACTICE

verity 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 § 948. 

§ 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 §§ 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 § 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 §§ 5233-5238; 8 Cannon § 2590; 

Deschler-Brown Ch 29 § 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 § 37.3. 

§ 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 § 948; 5 Hinds §§ 5240- 

5256; 8 Cannon § 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 §§ 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 § 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 § 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 § 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 

401 

CHAPTER 16—CONSIDERATION AND DEBATE § 21 

only designated amendments to be offered. Deschler-Brown Ch 29 § 38.17. 

Where a general provisions title is pending, debate may relate to any subject 

covered by the bill. Manual § 948. 

D. Disorder in Debate 

§ 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 §§ 353-379, 945-962. 

Time consumed by proceedings incident to a call to order is not 

charged against the time of the Member under recognition. 102-2, Oct. 3, 

1992, p 31009. 

A Member may be called to order by another Member’s timely demand 

that the words used be taken down and read aloud at the Clerk’s desk. The 

Speaker then rules whether the words or actions of the Member are disorderly. Whether an offending Member is to be allowed to proceed in order 

or is to be disciplined is determined by the House. § 26, infra. 

Disorderly Acts 

Decorum or comportment in the conduct and behavior of Members on 

the floor of the House is governed in part by clause 5 of rule XVII. Manual 

§ 962. Prohibited conduct under the rule includes: 

0 Walking out of or across the hall while the Speaker is addressing the 

House. 

0 Passing between the Chair and a Member under recognition. 

0 Wearing a hat. 

0 Using a mobile electronic device that impairs decorum. 

0 Remaining by the Clerk’s desk during roll calls. 

0 Smoking. 

0 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 § 41.2; 103-2, July 29, 1994, p 18609. 

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§ 21 HOUSE PRACTICE

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 § 41.8. A Member having the 

floor may not request Members to conduct a straw vote, such as showing 

hands or rising in support of a certain measure. Deschler-Brown Ch 29 

§ 41.10. 

The Chair may entertain a demand to clear the well in the event of disorder therein. 88-1, Dec. 9, 1963, p 23831. Under 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 § 656; 1 Hinds § 257. On one occasion the Speaker requested the 

Sergeant-at-Arms to assist him in maintaining decorum disrupted by a 

former Member. Manual § 622. Former Members may be banned from the 

floor for indecorous behavior as a matter of privilege. Manual § 680. 

Acts of physical violence by one Member or between two Members 

during or after heated debate have occurred. 2 Hinds §§ 1642-1644, 1655, 

1656. Assaults or affrays in the Committee of the Whole are dealt with by 

the House. 2 Hinds §§ 1648-1651. 

Attire 

The Speaker has announced as proper the customary traditional attire 

for Members while in attendance in the House Chamber, including a coat 

and tie for male Members and appropriate attire for female Members. In one 

instance, the Speaker refused to recognize for debate a Member in violation 

of the practice that Members were expected to follow traditional standards 

of dress, and requested the Member in question to remove himself from the 

floor and don proper attire. The House subsequently agreed to a resolution, 

offered as a question of privilege, requiring Members to wear proper attire 

as determined by the Speaker, and denying noncomplying Members the 

privilege of the floor. Manual § 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. Manual §§ 622, 963; 

see § 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 

403 

CHAPTER 16—CONSIDERATION AND DEBATE § 22 

floor while engaging in debate is inappropriate and in contravention of 

clause 1 of rule XVII. Manual § 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 §§ 60-62, infra. 

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, p ll. 

§ 22. Disorderly Language 

Members have been censured or otherwise disciplined for the use of 

disorderly words in debate, whether the words were uttered in the House 

or the Committee of the Whole. Manual § 960; 2 Hinds §§ 1254, 1259, 

1305; 6 Cannon § 236. A Member may likewise be disciplined for the insertion of disorderly words in the Congressional Record. 6 Cannon § 236. 

Members have been cautioned against the use of vulgarity or profanity in 

debate. Manual § 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 §§ 361, 622. For a discussion of 

critical references to Members, see § 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 

404 

§ 23 HOUSE PRACTICE

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 § 43. 

§ 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 § 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 or deception. For further information on the kinds of personal remarks prohibited as to both 

House Members and Senators, see §§ 37-43, infra. The Chair will take the 

initiative to call Members to order for unparliamentary references with regard to the Senate. Manual § 371. 

§ 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 § 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 § 966. The rule is strictly enforced, and the Speaker ordinarily intervenes sua sponte to prevent infraction thereof. Deschler-Brown Ch 29 

§§ 45.4, 45.7. The rule may not be suspended by permission to proceed out 

405 

CHAPTER 16—CONSIDERATION AND DEBATE § 25 

of order, even by unanimous consent. Manual § 966. The rule has been invoked to prevent a Member from making references to: 

0 An honored guest in the gallery who had exhibited ‘‘great heroism.’’ 

Deschler-Brown Ch 29 § 45.1. 

0 A Member’s constituents sitting in the gallery. Deschler-Brown Ch 29 

§ 45.2. 

0 A Federal official present in the gallery who had an interest in the pending 

bill. Deschler-Brown Ch 29 § 45.3. 

0 A ‘‘disinterested, objective observer’’ sitting in the gallery. Deschler-Brown 

Ch 29 § 45.5. 

0 Family members present in the gallery. 99-2, July 29, 1986, p 17956. 

§ 25. — References to Executive Officials 

Jefferson wrote that in Parliament it was out of order to speak ‘‘irreverently or seditiously’’ against the King. Manual § 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 

§§ 5087-5091; 8 Cannon §§ 2499, 2500; Deschler-Brown Ch 29 § 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 § 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: 

0 Refer to the government as ‘‘something hated, something oppressive.’’ 

Deschler-Brown Ch 29 § 47.6. 

0 Refer to the President as ‘‘using legislative and judicial pork.’’ 8 Cannon 

§ 2499. 

0 Refer to certain unnamed officials as ‘‘our half-baked nitwits who are handling the foreign affairs. . . .’’ Deschler-Brown Ch 29 § 47.3. 

0 Refer to a Federal agency as a ‘‘Socialist, Communist’’ experiment. Deschler-Brown Ch 29 § 47.4. 

0 Refer to the government as a ‘‘labor dictatorship.’’ Deschler-Brown Ch 29 

§ 47.5. 

On the other hand, the rules do not permit the use of language that is 

personally offensive toward the President. Manual § 370; 5 Hinds § 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 § 370; 8 CanVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00415 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 26 HOUSE PRACTICE

non § 2498; Deschler-Brown Ch 29 § 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 § 2497. 

For example, a Member may not in debate describe the President’s veto of 

a bill as ‘‘cowardly’’ (Manual § 370), charge that the President has been 

‘‘intellectually dishonest’’ (Deschler-Brown Ch 29 § 47.15), refer to the 

President as ‘‘giving aid and comfort’’ to the enemy (Deschler-Brown Ch 

29 § 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 ll). 

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 § 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 § 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 § 370. 

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 § 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 § 49.32. 

§ 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 

§ 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 § 960. 

Briefly summarized, procedures available to deal with disorder include: 

0 Point of order raised against alleged unparliamentary language. 

0 Demand that words be ‘‘taken down.’’ 

407 

CHAPTER 16—CONSIDERATION AND DEBATE § 27 

0 The Chair gavels the proceedings to a halt and directs the offending Member to be seated. 

0 Words taken down reported to the House by the Clerk. 

0 Unanimous-consent request to withdraw words taken down. 

0 Motion to allow Member to explain words taken down. 

0 Speaker rules whether words are out of order. 

0 Member ruled out of order must be seated and discontinue debate. 

0 Motion to strike (or expunge) words. 

0 Censure or other disciplinary action by the House if (with certain exceptions) there has been no intervening debate or business. 

0 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 § 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 § 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. DeschlerBrown Ch 29 § 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 § 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. 

§ 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 § 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 § 2539. The Chair does not 

rule on whether the words taken down are out of order. 8 Cannon §§ 2533, 

408 

§ 28 HOUSE PRACTICE

2540. There is no debate in the Committee on the propriety of the words 

used. 8 Cannon § 2538. The Committee rises automatically to report the 

words to the House after the words are reported by the Clerk. 2 Hinds 

§§ 1257-1259, 1348; 8 Cannon §§ 2533, 2538, 2539. The business of the 

Committee is suspended until the words objected to are reported to the 

House. Deschler-Brown Ch 29 § 49.42. 

Form 

CHAIR: Ml. Speaker, the Committee of the Whole House on the state 

of the Union having under consideration the bill H.R. ll, 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 objected to in the Committee of the Whole should be 

reported to the House. The Speaker can pass only on the words as reported; 

a demand that additional words uttered in Committee be reported is not in 

order in the House. Deschler-Brown Ch 29 § 50.10. 

After the Speaker rules on the words objected to and the House has disposed of any disciplinary proceedings, the Committee of the Whole resumes 

its sitting without motion. 8 Cannon §§ 2539, 2541; Manual § 961. 

§ 28. — Taking Down Words 

The taking down of words objected to in debate was a practice of the 

House even before the procedure became part of its formal rules in 1837. 

Clause 4 of rule XVII; Manual § 960. The words taken down may consist 

of a single phrase (Deschler-Brown Ch 29 § 61.3) or an entire colloquy between two Members (Deschler-Brown Ch 29 § 49.13). The demand should 

indicate the words excepted to and the identity of the Member who uttered 

them. Manual § 960. The objecting Member may indicate briefly the basis 

for the demand, such as impugning the motives of a colleague; but the objecting Member may not at that time debate the grounds for a finding that 

the words are disorderly. Deschler-Brown Ch 29 § 49.18. 

Ordinarily, debate on or interpretation of the words objected to is not 

in order pending a ruling by the Speaker. Although words objected to in 

debate may be withdrawn pursuant to a unanimous-consent request, no debate is in order pending such a request. Deschler-Brown Ch 29 § 49.20. 

However, the offending Member may by unanimous consent (or on motion 

by another Member) be permitted to explain the words. Deschler-Brown Ch 

29 § 52.16; § 30, infra. 

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CHAPTER 16—CONSIDERATION AND DEBATE § 28 

While a demand that a Member’s words be taken down is pending, that 

Member should be seated immediately. Manual § 961. It is a breach of decorum for a Member to ignore the Chair’s gavel and the instruction to be 

seated. Deschler-Brown Ch 29 § 41.2. 

The business of the House is suspended until the words are reported 

to the House. Deschler-Brown Ch 29 § 49.32. During that time the Speaker 

may refuse to entertain a parliamentary inquiry or a unanimous-consent request that a Member be allowed to proceed for one minute. Deschler-Brown 

Ch 29 §§ 49.14, 49.15. 

Form 

MEMBER: Ml. Speaker (or Ml. Chair), I ask that the gentlelll’s 

words be taken down. 

CHAIR: The gentlelll will be seated. The Clerk will report the 

words. 

Timeliness of Demand 

A demand that words be taken down is in order only if made in a timely manner under rule XVII. Manual § 960; 110-1, Jan. 22, 2007, p 1899. 

The demand should be made immediately after the words are uttered. Where 

debate has intervened, the demand comes too late unless the objecting Member was standing and seeking recognition at the proper time. The Chair’s 

determination whether a Member’s point of order constitutes a demand that 

those words be ‘‘taken down,’’ is not such intervening debate or business 

as to render the demand untimely. Manual § 961; 8 Cannon § 2528. The 

Chair may not respond to a parliamentary inquiry regarding the propriety 

of words pending a demand that words be taken down or after the words 

have been uttered and no such demand has been made. Manual § 628. 

Taking Down Words Read From Papers 

Papers read during debate are subject to a timely demand that words 

be ‘‘taken down’’ as an unparliamentary reference to other sitting Members, 

but the demand must be made before subsequent reading intervenes. That 

certain words may already have been published elsewhere does not make 

them admissible in debate, and words not admissible in debate may not be 

inserted in the Congressional Record. Deschler-Brown Ch 29 § 83.6. 

Withdrawal of Demand 

Before a ruling by the Speaker, a demand in the House or in the Committee of the Whole that words be taken down may be withdrawn by the 

Member making the demand, and unanimous consent is not required. Manual § 961. 

410 

§ 29 HOUSE PRACTICE

§ 29. — Withdrawal or Modification of Words 

Generally; In the House 

Words objected to in debate in the House may be withdrawn or modified by unanimous consent, even after the words have been taken down on 

demand and read by the Clerk. 8 Cannon §§ 2543, 2544; Deschler-Brown 

Ch 29 §§ 51.1, 51.2. 

Pending a demand that words spoken in debate be taken down and 

ruled unparliamentary, the Chair may inquire whether the Member whose 

remarks are challenged wishes to request unanimous consent to modify the 

remarks before directing the Clerk to read them. Deschler-Brown Ch 29 

§ 51.11. However, the withdrawal of unparliamentary language may be made 

even after the Speaker has ruled the language out of order or even recognized another Member on a motion to strike the words from the Congressional Record. 8 Cannon § 2539. 

The Speaker does not rule retrospectively on the propriety of words 

withdrawn by unanimous consent. Manual § 628. 

In the Committee of the Whole 

A Member may withdraw or modify words objected to in the Committee of the Whole by unanimous consent. 8 Cannon §§ 2528, 2538. In one 

instance, two Members demanded that each other’s words be taken down 

and then, by unanimous consent, withdrew their remarks in the Committee 

before they were reported to the House. Deschler-Brown Ch 29 § 51.5. 

Deletions From the Record 

Clause 8 of rule XVII mandates that the Congressional Record be a 

‘‘substantially verbatim’’ account of debate and permits the deletion of unparliamentary remarks only by order of the House. This clause establishes 

a standard of conduct within the meaning of that provision of the rules giving rise to the investigative jurisdiction of the Committee on Ethics. 

§ 30. — Permission to Explain 

Ordinarily, a Member whose words are taken down must sit down and 

may not explain the remarks pending a ruling by the Speaker. Manual § 961. 

However, the rules specifically provide for a motion to allow the Member 

to explain, which motion may be made only by another Member. Clause 

4 of rule XVII; Manual § 960. Moreover, the Speaker has the discretion, before ruling on the words, to request the Member called to order to make 

a brief explanation of the remarks. Deschler-Brown Ch 29 § 52.16. 

411 

CHAPTER 16—CONSIDERATION AND DEBATE § 32 

§ 31. — Speaker’s Ruling 

The Speaker (or Speaker pro tempore) has the sole power to rule 

whether words objected to constitute a breach of order in debate. Manual 

§§ 960, 961; 2 Hinds § 1249; 5 Hinds §§ 5163-5169. This determination is 

made by the Speaker after the words have been taken down (whether in the 

House or in the Committee of the Whole) and have been reported by the 

Clerk. The question of whether words taken down violate the rules is for 

the Speaker to decide and is not debatable. Deschler-Brown Ch 29 § 50.7. 

The Chair judges the words as read by the Clerk and not as alleged to have 

been uttered. Manual § 961. No Member may engage the Chair until the demand has been disposed of. Manual § 961. 

The Speaker’s ruling on a question of order has been appealed in the 

House in numerous instances, the Speaker generally being sustained. See, 

e.g., 5 Hinds §§ 5157, 5173, 5178, 5194, 5196, 5198, 5199. Such an appeal 

is subject to the motion to table. Manual § 629. Also, the House may, by 

voting on a proper motion, dictate the consequences of that ruling by imposing disciplinary action or by allowing the Member to proceed in order. 

The Speaker, in ruling on the words objected to, weighs the importance 

of freedom in debate against the need to maintain the order and dignity of 

the House. 5 Hinds § 5163. The Speaker considers the meaning of the words 

as well as the context in which they were used. Deschler-Brown Ch 29 

§ 50.6. Pending the ruling, the Speaker may recognize the Member who 

made the statement to ask unanimous consent to withdraw or modify the 

words. Deschler-Brown Ch 29 §§ 51.1, 51.2. The Speaker also may put 

questions to the offending Member about the words and may consult dictionaries to determine the meaning of certain words or terms. DeschlerBrown Ch 29 §§ 50.3, 50.4. 

§ 32. — Discipline; Post-Ruling Motions 

Generally 

Censure or other disciplinary action is a matter for the House and not 

the Chair to decide. Manual § 961. However, no House action is in order 

until the Chair has ruled on the words objected to. Deschler-Brown Ch 29 

§ 51.21. If the words used are ruled to be unparliamentary, and if such 

words have not been withdrawn, the House may entertain certain motions 

enabling it to dispose of the breach of order. 

Striking Words From the Record 

Under modern practice, words ruled out of order are normally stricken 

from the Congressional Record by unanimous consent initiated by the Chair. 

412 

§ 33 HOUSE PRACTICE

Manual § 961. If there is an objection, a motion to strike or expunge the 

words from the Record is in order. 8 Cannon §§ 2538, 2539; Manual § 960. 

A motion to expunge is in order even though the House by vote has authorized the Member to proceed. Deschler-Brown Ch 29 § 51.23. The motion, 

which is debatable within narrow limits under the hour rule, is not in order 

until the Chair has decided that the words are out of order. Manual § 961; 

Deschler-Brown Ch 29 § 51.21. The motion is not in order in the Committee 

of the Whole. Manual § 961. 

Proceeding In Order 

After a Member’s words have been ruled out of order, the Member may 

be permitted to proceed in order on that same day either by unanimous consent or by motion. Manual § 961. It is the practice to test the opinion of 

the House by a motion ‘‘that the gentlelll be allowed to proceed in 

order.’’ 5 Hinds §§ 5188, 5189; 8 Cannon § 2534. This motion may be stated on the initiative of the Chair. It is debatable within narrow limits of relevance under the hour rule, and is subject to the motion to lay on the table. 

Manual § 961. The motion is privileged for consideration in the House. 

Deschler-Brown Ch 29 § 51.22. A motion to strike the objectionable words 

also generally precedes a proposition to permit a Member to proceed in 

order. See, e.g., Deschler-Brown Ch 29 § 52.7. 

If a Member is not granted permission to proceed on that same day, 

the Member cannot speak even on yielded time and may not insert unspoken 

remarks in the Congressional Record. Manual § 961; 5 Hinds §§ 5147, 

5196-5199. However, the Member may exercise the right to vote or to demand the yeas and nays. 8 Cannon § 2546. Whether the Member is to be 

allowed to proceed in order or is to be subjected to censure or other disciplinary measure is for the House to determine. Manual § 960. 

E. Critical References to the House, Committees, or 

Members 

§ 33. In General; Criticism of the House 

Generally 

In early Congresses it was held not in order to ‘‘cast reflections’’ on 

the House or its membership, present or past. 5 Hinds §§ 5132-5138. Today, 

in the interests of free and full debate in conducting legislative deliberations, 

Members are permitted to voice critical opinions of Congress, of the House, 

and of the political parties. Deschler-Brown Ch 29 § 53. Statements that are 

critical of Congress or a portion of its membership will not be ruled out 

413 

CHAPTER 16—CONSIDERATION AND DEBATE § 33 

of order for that reason alone. Thus, a statement in debate claiming that the 

campaign expenses of Members were paid by certain interest groups has 

been held to be in order. Deschler-Brown Ch 29 § 53.1. 

However, such criticism is subject to the rules and settled practices of 

the House that require courtesy and decorum in debate. Jefferson’s Manual 

states that no one is permitted to use ‘‘indecent language’’ in referring to 

the proceedings of the House. Manual § 360. The language used must not 

be offensive in itself. 5 Hinds § 5135. The words must be stated in such 

a way as to avoid personal criticism of individual Members. § 37, infra. 

Ruled In Order 

Following are precedents in which criticism in debate was held parliamentary or in order as not referring to any particular Member: 

0 A question whether it was a parliamentary inquiry to ask that a bill be 

printed in ‘‘words of one syllable so that [Members of the opposing 

party] can understand it.’’ Deschler-Brown Ch 29 § 53.4. 

0 A statement that a Member was leading his party in a policy of opportunism. Deschler-Brown Ch 29 § 53.5. 

0 A statement referring to ‘‘irresponsible actions by members of the President’s own party.’’ Deschler-Brown Ch 29 § 53.2. 

0 ‘‘[Y]ou have your definition of consistency. My definition is that consistency is a virtue of small minds.’’ Deschler-Brown Ch 29 § 62.2. 

0 A reference to Members as having praised a foreign dictator in prior debate. Deschler-Brown Ch 29 § 60.10. 

0 Words characterizing unnamed Members as taking ‘‘potshots’’ and as lacking judgment. Deschler-Brown Ch 29 § 51.16. 

0 A reference to the consideration of a bill under procedures representing ‘‘a 

classic example of duplicity.’’ 100-2, Apr. 19, 1988, pp 7330, 7335-39. 

Ruled Out of Order 

Following are examples in which remarks in debate were held unparliamentary: 

0 ‘‘Talk not to me of vindicating your insulted dignity. . . . You have no 

dignity to vindicate.’’ 5 Hinds § 5132. 

0 ‘‘[T]he proceedings of the House had been such as not only to degrade it 

as a body, but also to degrade the country.’’ 5 Hinds § 5133. 

0 A statement declaring the opinions and decisions of the House ‘‘damnable 

heresies.’’ 5 Hinds § 5135. 

0 A reference to ‘‘[T]he right of the minority to stay indefinitely the right 

of the majority to legislate is as disgraceful, as dishonorable. . . .’’ 5 

Hinds § 5136. 

0 ‘‘Drunken Members have reeled about the aisles—a disgrace to the Republic. Drunken speakers have debated grave issues on the floor. . . .’’ 5 

Hinds § 5186. 

414 

§ 34 HOUSE PRACTICE

0 A statement alleging that the Republican Conference believed that lynching 

was a ‘‘proper means of justice.’’ Deschler-Brown Ch 29 § 53.3. 

0 A statement alleging that a Member lacks ‘‘decency.’’ 110-1, Mar. 21, 

2007, p 7074. 

To show the distinction between words that are permissible and language that may be ruled out, illustrations in this chapter are drawn from debates from earlier as well as recent Congresses. However, precedents from 

earlier eras must be evaluated in their historical and cultural context; whether a word or expression is to be ruled out of order depends on its current 

meaning and usage. See § 38, infra. 

§ 34. Criticism of Committees 

A Member in debate may express general criticism of the actions of a 

committee, as by alleging an abuse of its powers. Deschler-Brown Ch 29 

§ 54.1. Criticisms of committee procedure are also permitted. DeschlerBrown Ch 29 § 54.6. However, a Member may not in debate impugn the 

personal motives of a committee or its members or make unparliamentary 

claims of unlawful activity. Deschler-Brown Ch 29 §§ 54.2, 54.3. Debate 

may not include critical characterizations of members of the Committee on 

Ethics who have investigated a Member’s conduct. Manual § 361. 

Ruled In Order 

Following are examples in which remarks in debate were held parliamentary: 

0 A reference to the action of a committee as ‘‘more or less pusillanimous.’’ 

Deschler-Brown Ch 29 § 54.7. 

0 An editorial read by a Member charging a committee with ‘‘pigeon-holing’’ 

certain legislation. Deschler-Brown Ch 29 § 54.6. 

0 ‘‘Did the gentleman’s committee also find paid agents of Hitler on the congressional payroll?’’ Deschler-Brown Ch 29 § 54.12. 

0 A reference to a committee investigation of ‘‘the recent wave of policy 

lynch murder in Mississippi.’’ Deschler-Brown Ch 29 § 54.9. 

0 A statement that a Member ‘‘has been the victim of the abusive, vicious, 

and irresponsible use of the power of a congressional committee.’’ 

Deschler-Brown Ch 29 § 54.1. 

415 

CHAPTER 16—CONSIDERATION AND DEBATE § 35 

Ruled Out of Order 

Following are examples in which remarks in debate were held unparliamentary: 

0 A statement that certain fascist organizations exercised extensive influence 

on a special House committee. Deschler-Brown Ch 29 § 54.3. 

0 Language referring to ‘‘lies and half-truths’’ of a House committee report. 

Deschler-Brown Ch 29 § 54.4. 

0 ‘‘I cannot respect the actions or even the sincerity of some of the committee members.’’ Deschler-Brown Ch 29 § 54.5. 

0 A reference to the Committee on Un-American Activities as ‘‘the UnAmerican Committee.’’ Deschler-Brown Ch 29 § 54.11. 

§ 35. Criticism of Speaker 

The prescription of clause 1 of rule XVII that Members confine themselves to the question under debate, ‘‘avoiding personality,’’ has been applied to critical references to the Speaker’s personal conduct. Manual § 362. 

It is not in order in debate to refer invidiously to the Speaker. 8 Cannon 

§ 2531. It also is not in order to speak disrespectfully of the Speaker. 2 

Hinds § 1248. For example, it has been held out of order to assert that the 

Speaker was ‘‘kowtowing’’ to persons who would desecrate the U.S. flag 

or to refer to the Speaker as a ‘‘crybaby.’’ Manual § 362. It is not in order 

in debate to refer in a personally critical manner to the Speaker’s political 

tactics or to arraign the Speaker’s personal conduct. Deschler-Brown Ch 29 

§ 57. Any complaint as to the conduct of the Speaker should be presented 

directly for the action of the House and not by way of debate on other matters, such as the approval of the Journal. Manual § 362; 5 Hinds § 5188. Personal criticisms of the Speaker can be challenged even after debate has intervened. 2 Hinds § 1248; Deschler-Brown Ch 29 § 57.7. 

It is not in order in debate for a Member to charge that the Speaker, 

while presiding, committed a dishonest act or that the Speaker repudiated 

and ignored the rules of the House. Deschler-Brown Ch 29 § 57.2. In one 

instance, however, an assertion of a personal belief that a sufficient number 

had been standing to demand a recorded vote was held parliamentary as not 

necessarily charging the Chair with disregard of the rules, in the context of 

those words alone. Deschler-Brown Ch 29 § 57.4. It is not in order to refer 

to official conduct of the Speaker that is either under investigation or has 

been resolved by the Committee on Ethics or by the House. Manual § 362. 

If words impugning the Speaker are uttered, the Speaker may choose 

not to rule on the words personally but to appoint a Member to occupy the 

Chair and deliver a decision. Deschler-Brown Ch 29 § 57.1. 

416 

§ 36 HOUSE PRACTICE

§ 36. Criticism of Legislative Actions or Proposals 

Generally 

Although remarks in debate may not include personal attacks against a 

Member or an identifiable group of Members, they may address political 

motivations for legislative positions. Manual § 363. Statements in debate, although critical of House action or of the legislation at issue, may be ruled 

in order if they do not improperly reflect on the House or a particular Member. Deschler-Brown Ch 29 § 58.4. Harsh words may be used to criticize 

a bill unless they fail to ‘‘avoid personality’’ as mandated by rule XVII. 

Deschler-Brown Ch 29 § 58.1. For example, although it may be appropriate 

in debate to characterize the effect of an amendment as deceptive or hypocritical, to characterize the motivation of a Member in offering an amendment with those terms is not in order. Deschler-Brown Ch 29 § 58.12. A 

statement in debate that ‘‘it is only demagoguery or racism which impel 

such an amendment’’ was held by the Speaker to be unparliamentary as impugning the motives of the Member offering the amendment. DeschlerBrown Ch 29 § 58.6. 

Ruled In Order 

Criticisms of legislative actions or proposals or political motivations 

that have been held in order in debate include: 

0 A statement that ‘‘sinister influences’’ were working in the interest of certain unnamed Members opposing a bill. Deschler-Brown Ch 29 § 58.9. 

0 A statement accusing unnamed colleagues who opposed a measure of talking ‘‘loosely and recklessly with the truth.’’ Deschler-Brown Ch 29 

§ 58.8. 

0 A statement accusing unnamed Members of attempting to ‘‘cut off debate’’ 

on important legislation in order to attend an engagement at a hotel. 78- 

2, Feb. 3, 1944, p 1216. 

0 A statement that all lawyers know ‘‘that the adoption of this language neither adds to nor takes from a single item of the substance of this bill.’’ 

Deschler-Brown Ch 29 § 58.3. 

0 A reference accusing unnamed opponents of a proposal of ‘‘blind,’’ ‘‘slavish,’’ and ‘‘shameful’’ opposition. Deschler-Brown Ch 29 § 58.7. 

0 In reference to an amendment: ‘‘. . . where I come from . . . the people 

. . . do not like slippery, snide, and sharp practices.’’ Deschler-Brown 

Ch 29 § 58.5. 

0 A statement referring to a tactic of ‘‘withholding’’ votes until it could be 

determined whether they would be necessary on the pending question. 

Deschler-Brown Ch 29 § 58.10. 

0 A statement that a Member ‘‘has already admitted his amendment does not 

make sense, and he will take any alternative that is offered.’’ DeschlerBrown Ch 29 § 58.4. 

417 

CHAPTER 16—CONSIDERATION AND DEBATE § 37 

§ 37. Critical References to Members 

Jefferson stressed the importance of preserving ‘‘order, decency and 

regularity . . . in a dignified public body.’’ Manual § 285. The House rules 

provide that Members must confine themselves to the question under debate, 

‘‘avoiding personality.’’ Rule XVII. The Chair may interrupt a Member engaging in ‘‘personalities’’ with respect to a fellow Member as is the case 

with respect to improper references to Senators or the President. However, 

under modern practice the Chair normally awaits a point of order from the 

floor with respect to references to other Members. Manual § 961. The Chair 

may announce an intention to take the initiative in calling Members to order 

during debate on disciplinary resolutions. Manual § 361. 

The Speaker will hold language unparliamentary where it improperly reflects on another Member under rule XVII. Manual § 361. A Member may 

not in debate impugn the personal motives of another Member (§ 39, infra), 

charge another Member with falsehood or deception (§ 40, infra), or denigrate a Member’s intelligence (§ 41, infra). It also is not in order in debate 

to refer in a personally critical manner to the political tactics of a Member. 

Manual § 361. The truth of allegations involving unethical behavior of a 

Member is not a defense to a point of order that the remarks are unparliamentary as engaging in personalities explicitly or by innuendo. 104-1, Jan. 

18, 1995, p 1444. On the other hand, it is recognized that free and full debate is necessary in conducting legislative business, and a Member is allowed considerable latitude in criticizing the position, arguments, or contentions of another Member. Deschler-Brown Ch 29 § 59.2; § 36, supra. 

It is not in order during debate to refer to a particular Member of the 

House in a derogatory fashion, even though that Member is not named, and 

the Chair may intervene to prevent improper reference where it is evident 

that a particular Member is being described. Manual § 361. In one instance, 

after a Member had expressed an absence of ‘‘good faith on the other side,’’ 

he was granted unanimous consent to withdraw any reference to any individual Member. 100-1, June 18, 1987, pp 16761-63. 

Members should refrain from references in debate to the official conduct of other Members where such conduct is not under consideration in 

the House by way of a report of the Committee on Ethics or as a question 

of the privileges of the House. Manual § 361. 

The rule requiring Members to avoid ‘‘personality’’ during debate prohibits reference to outside accounts whose criticism of a sitting Member 

would be unparliamentary if uttered on the floor as the Member’s own 

words. Manual § 361. 

418 

§ 37 HOUSE PRACTICE

It is not unparliamentary to describe in debate the effect that a Member’s remarks may have, especially where that description includes a disclaimer disavowing any intention to impugn a Member’s motives. DeschlerBrown Ch 29 § 59.8. 

Ruled In Order 

Following are examples in which remarks in debate were held parliamentary: 

0 A statement that if a certain Member were to sponsor a measure it would 

receive only one or two votes. Deschler-Brown Ch 29 § 58.2. 

0 A reference to another Member’s remarks as ‘‘yapping.’’ Deschler-Brown 

Ch 29 § 61.13. 

0 A statement accusing a Member of trying ‘‘to becloud’’ an issue. DeschlerBrown Ch 29 § 59.1. 

0 A reference in debate to another Member as not representing a certain class 

of people in his State. Deschler-Brown Ch 29 § 60.7. 

0 A reference to another Member’s statement as ‘‘intemperate.’’ DeschlerBrown Ch 29 § 59.5. 

0 A description of a Member’s statement that ‘‘this is an example of the spurious reasoning that [an interest group] has with regard to their opposition to this bill.’’ Deschler-Brown Ch 29 § 43.2. 

0 A Member’s statement that another Member’s demand that words be taken 

down during a special-order speech was ‘‘an unfair stealing of time.’’ 

Deschler-Brown Ch 29 § 59.10. 

0 A Member’s assertion that ‘‘even though that may not be the intention, I 

think [certain statements] have the tendency to try to assassinate the 

character of the person making the statement rather than to effectively 

assassinate the argument.’’ Deschler-Brown Ch 29 § 59.8. 

0 A Member’s general reference that ‘‘big donors’’ receive ‘‘access to leadership power and decisions’’ because it does not identify a specific Member as receiving a contribution specifically in exchange for votes or other 

legislative action. Manual § 361. 

Ruled Out of Order 

Following are examples in which remarks in debate were held unparliamentary: 

0 A reference to the remarks of another Member as ‘‘malignant shafts’’ or 

as a ‘‘base insinuation.’’ 5 Hinds § 5162. 

0 A reference to another Member as a ‘‘snooper.’’ Deschler-Brown Ch 29 

§ 61.11. 

0 ‘‘The gentleman took the floor in his self-appointed role as spokesman for 

the committee [and] referred to me in my absence in a disgraceful and 

unparliamentary manner.’’ Deschler-Brown Ch 29 § 59.3. 

0 Referring to another Member as a demagogue or as a ‘‘president of the 

Demagogue Club.’’ Deschler-Brown Ch 29 §§ 60.3, 60.4. 

419 

CHAPTER 16—CONSIDERATION AND DEBATE § 38 

0 ‘‘[D]on’t you start comparing anybody’s record, because I have got yours 

. . . with . . . the FBI.’’ Deschler-Brown Ch 29 § 60.24. 

0 A reference to another Member as a ‘‘pinko.’’ Deschler-Brown Ch 29 

§ 61.9. 

0 A reference to an identifiable group of sitting Members as the perpetrators 

of a crime, such as ‘‘stealing an election.’’ Deschler-Brown Ch 29 

§ 60.22. 

0 A reference suggesting that another Member ‘‘did not have the nerve’’ to 

make a statement on the floor. 104-2, July 25, 1996, p 19170. 

0 A statement alleging that a Member lacks ‘‘decency.’’ 110-1, Mar. 21, 

2007, p 7074. 

§ 38. — Use of Colloquialisms; Sarcasm 

The Members are allowed considerable latitude in the use of colloquialisms, euphemisms, figures of speech, and even sarcastic comments in debate. A statement in debate that ‘‘you are going to skin us’’ was held merely a colloquialism that did not reflect on any Member and was held in order. 

Deschler-Brown Ch 29 § 61.10. In another instance, a Member used the 

word ‘‘crime’’ in referring to another Member, but the Chair ruled the term 

in order, finding that in the context of the debate, the term was being used 

as a synonym for, or figure of, speech meaning ‘‘wrong.’’ Deschler-Brown 

Ch 29 § 59.2. 

The use in debate of colloquial expressions, figures of speech, or sarcasm is governed by their current meaning and by the context in which they 

are uttered. 5 Hinds §§ 5165, 5167. Unparliamentary references in debate, 

even when phrased as satiric compliments, are not in order. 112-1, July 22, 

2011, p ll. The tone and mannerisms of a Member may be taken into 

account by the Chair in determining whether the criticism voiced is personally offensive to another Member. Deschler-Brown Ch 29 § 60.21. 

Ruled Out of Order 

Following are examples in which remarks in debate were held unparliamentary: 

0 A reference to another Member ‘‘whose name is synonomous [sic] with 

falsehood . . . who is the apologist of thieves; who is such a prodigy 

of vice and meannesses that to describe him would sicken imagination 

and exhaust invective.’’ 2 Hinds § 1251. 

0 ‘‘[N]obody but a gambler or cutthroat would have thought of tacking such 

a thing as that to such a bill as this.’’ 2 Hinds § 1258. 

0 ‘‘The devotion of the gentleman . . . to the truth is so notorious that I shall 

not reply.’’ 8 Cannon § 2545. 

0 A reference to another Member as a ‘‘stool pigeon.’’ Deschler-Brown Ch 

29 § 61.12. 

420 

§ 39 HOUSE PRACTICE

0 References to a Member as having a ‘‘hand like a ham,’’ grasping a microphone until it ‘‘groaned from mad torture,’’ and striding the House floor 

‘‘like a wild man.’’ Deschler-Brown Ch 29 § 61.1. 

0 A reference to another Member’s proceeding in a ‘‘cheap, sneaky, sly 

way.’’ Deschler-Brown Ch 29 § 61.2. 

§ 39. — Impugning Motives 

In the early practice of the House, the Speaker intervened in debate to 

prevent even the mildest imputation on the motives of a Member. 5 Hinds 

§ 5161. It is still the rule that Members may not in debate impugn the personal motives of other named Members in the performance of their legislative duties. Manual § 363. An opinion on the general motives of the House 

or a political party in adopting or rejecting a proposition may be expressed. 

§ 36, supra. References to political motivation for legislative actions may be 

in order. Manual § 363. However, an assertion that a Member’s use of the 

legislative process is motivated by personal gain (5 Hinds § 5149) or by 

‘‘the prospect of a junketing trip’’ (8 Cannon § 2546) is not in order. Merely 

to question the sincerity of a Member has been held to impugn the motives 

of such Member. 5 Hinds § 5148. 

Members should refrain from references in debate to the motivations of 

Members who file complaints before the Committee on Ethics. Manual 

§ 361. 

Ruled Out of Order 

0 Charging another Member, in his capacity as custodian of certain public 

money, with ‘‘[m]aking a parade of his charity, he has been gorging 

himself and speculating with this money.’’ 5 Hinds § 5152. 

0 Characterizing the motivation of a Member in offering an amendment as 

deceptive and hypocritical. Manual § 363. 

0 An observation that a Member stood in the well before an empty House 

and challenged the Americanism of other Members, ‘‘and it is the lowest 

thing that I have ever seen in my 32 years in Congress.’’ DeschlerBrown Ch 29 § 59.9. 

0 An observation that a Member was ‘‘one of the most impolite I have ever 

seen.’’ Manual § 361. 

0 Characterizing another Member as ‘‘speaking out of both sides of his 

mouth.’’ Deschler-Brown Ch 29 § 51.36. 

0 A reference to an identifiable group of sitting Members as the perpetrators 

of a crime, such as ‘‘stealing an election.’’ Deschler-Brown Ch 29 

§ 60.22. 

421 

CHAPTER 16—CONSIDERATION AND DEBATE § 40 

§ 40. — Charging Falsehood or Deception 

During debate on the floor, an assertion by one Member may be declared untrue by another. However, in so doing, an accusation of intentional 

misrepresentation must not be implied. Manual § 363; 5 Hinds §§ 5157, 

5159, 5189; 8 Cannon § 2542. Any term or language implying a deliberate 

misstatement of the truth, for whatever motive, is unparliamentary, including 

allegations of lying, slander, or hypocrisy. A Member’s expression of disbelief may be construed as meaning that the Member referred to was merely 

mistaken. Deschler-Brown Ch 29 § 63.3. In one instance, a Member’s statement in referring to another Member that ‘‘That is not true, and he knows 

it,’’ was held in order, the Speaker observing that the words were not uttered in an offensive tone. 5 Hinds § 5158. 

A Member may refer to falsehoods in the media without violating the 

rules of the House, even if such remarks are made during debate with another Member. Deschler-Brown Ch 29 § 63.2. 

Ruled In Order 

Following are examples in which remarks in debate were held parliamentary: 

0 A Member’s statement that he did ‘‘not believe a word that [another Member] said.’’ Deschler-Brown Ch 29 § 63.3. 

0 A statement referring to another Member ‘‘when he comes here to defend 

some slime-monger who goes on the radio and lies about me. . . .’’ 

Deschler-Brown Ch 29 § 63.2. 

0 ‘‘Let us be sincere and honest about this thing.’’ 78-2, Jan. 21, 1944, p 

560. 

Ruled Out of Order 

Following are examples in which remarks in debate were held unparliamentary: 

0 A Member’s declaration that the words of another Member were ‘‘a base 

lie.’’ 2 Hinds § 1249. 

0 The use of the words ‘‘grossly false,’’ as applied to statements made by 

another Member in a pamphlet published by him during a recess of Congress. 5 Hinds § 5157. 

0 ‘‘I cannot believe that the gentleman . . . is sincere in what he has just 

said.’’ Deschler-Brown Ch 29 § 63.7. 

0 A statement that the remarks of a Member were ‘‘false and slanderous.’’ 

Deschler-Brown Ch 29 § 63.4. 

0 A statement in referring to another Member that ‘‘pretexts are never wanting when hypocrisy wishes to add malice to falsehood or cowardice. . . .’’ Deschler-Brown Ch 29 § 63.6. 

422 

§ 41 HOUSE PRACTICE

0 ‘‘I cannot respect the actions or even the sincerity of some of the committee members.’’ Deschler-Brown Ch 29 § 54.5. 

0 Language read in the House that repudiated ‘‘lies and half-truths’’ in a 

House committee report. Deschler-Brown Ch 29 § 63.5. 

0 Use of the word ‘‘canard’’—meaning falsehood—in referring to the statement of another Member. Deschler-Brown Ch 29 § 63.1. 

0 Words accusing another Member of hypocrisy. Manual § 363. 

§ 41. — Lack of Intelligence or Knowledge 

A Member in debate may be critical of the understanding or knowledge 

of other Members or groups of Members in relation to pending bills or 

amendments. However, such remarks should not denigrate the intelligence 

of another Member because this would be personally critical and offensive. 

Deschler-Brown Ch 29 § 64. 

§ 42. — References to Race, Creed, or Racial Prejudice 

Gratuitous references in debate to the race or religion of another Member are not in order. A reference to ‘‘the Jewish gentleman from New 

York,’’ for example, has been ruled out by the Speaker. Deschler-Brown Ch 

29 § 65.4. 

It is not in order in debate to accuse a Member of bigotry or racism. 

Remarks characterizing the motives behind certain legislation as ‘‘demagogic and racist’’ have been ruled out of order, as has a reference to another 

Member as having reached ‘‘bigoted’’ conclusions. Deschler-Brown Ch 29 

§§ 65.5, 65.6. 

§ 43. — Charges Relating to Loyalty or Patriotism 

Unless the subject is relevant to disciplinary proceedings then pending 

as the question before the House against a Member, remarks in debate impugning the patriotism or loyalty of a Member are not in order. DeschlerBrown Ch 29 § 66. Words impeaching the loyalty of a portion of the membership also have been ruled out. 5 Hinds § 5139. However, if such language 

is directed at the House or at its membership in general, the remarks may 

not be improper. See § 33, supra. 

423 

CHAPTER 16—CONSIDERATION AND DEBATE § 43 

Ruled In Order 

Following are examples in which remarks in debate were held parliamentary: 

0 A statement referring to all opponents of the Committee on Un-American 

Activities as communist enemies. Deschler-Brown Ch 29 § 66.2. 

0 A statement that another Member had been published in a newspaper 

‘‘dedicated to the destruction of this Government.’’ Deschler-Brown Ch 

29 § 66.10. 

0 A statement referring to (unnamed) Members who give ‘‘aid and comfort’’ 

to enemies and traitors. Deschler-Brown Ch 29 § 66.3. 

0 A statement referring to ‘‘people’’ who would rip down the American flag 

and replace it with the Soviet flag. Deschler-Brown Ch 29 § 66.5. 

0 A statement characterizing the Committee of the Whole as an agency of 

the Soviet Union. Deschler-Brown Ch 29 § 66.11. 

0 A statement accusing another Member of past opposition to ‘‘every bill 

necessary for the defense of our country.’’ Deschler-Brown Ch 29 § 62.5. 

Ruled Out of Order 

Following are examples in which remarks in debate were held unparliamentary: 

0 A statement that insertions in the Congressional Record by another Member were taken from ‘‘Nazi elements.’’ Deschler-Brown Ch 29 § 66.6. 

0 A statement by a Member that internal fascist organizations exercised extensive influence over a special House committee. Deschler-Brown Ch 

29 § 66.7. 

0 A statement, in response to critical comments by another Member, that ‘‘I 

am not going to sit here and listen to these communistic attacks made 

on me.’’ Deschler-Brown Ch 29 § 66.1. 

0 ‘‘There is nothing more subversive than the kind of red baiting tactics [of] 

the gentleman from lllll.’’ Deschler-Brown Ch 29 § 66.8. 

0 A statement referring to another Member as attempting to undermine the 

government. Deschler-Brown Ch 29 § 66.9. 

0 A reference to the Committee on Un-American Activities as ‘‘the UnAmerican Committee.’’ Deschler-Brown Ch 29 § 66.12. 

0 A reference to certain Members as ‘‘apostles of doom’’ whose utterances 

would give ‘‘great aid and comfort’’ to the Soviet Union. DeschlerBrown Ch 29 § 66.4. 

0 A reference to another Member as ‘‘kowtowing’’ to persons who would 

desecrate the flag. Manual § 362. 

424 

§ 44 HOUSE PRACTICE

F. Duration of Debate in House 

§ 44. In General 

Limitations on Time for Debate 

Before 1841, there was no limit on the time that a Member might occupy once in possession of the floor. 5 Hinds § 5221. Under the modern 

practice, the duration of debate in the House is invariably limited. Such limitations are imposed pursuant to the standing rules of the House, special orders of business from the Committee on Rules, and unanimous-consent 

agreements adopted by the House. Certain types of legislative propositions, 

such as concurrent resolutions on the budget, are subject to statutory time 

limitations. § 48, infra. 

On major bills, a special order of business typically specifies the length 

of time for general debate—usually a number of hours—and identifies the 

Members who are to control that time. § 48, infra. Such time limits also may 

be imposed pursuant to a unanimous-consent agreement. Deschler-Brown Ch 

29 § 67. If a bill or resolution comes to the House floor without such a time 

limit, clause 2 of rule XVII applies to limit the time for debate to one hour. 

Manual § 957. A Member calling up a measure in the House pursuant to 

a unanimous-consent request or special order of business that does not 

specify time for debate controls one hour of debate thereon. Deschler-Brown 

Ch 29 § 68. 

Other limitations on the duration of debate are found in those standing 

rules of the House that authorize specific motions, such as the motion to 

suspend the rules for which debate is limited to 40 minutes under clause 

1(c) of rule XV. Manual § 891. For a discussion of 40-minute debate, see 

§ 46, infra. 

Discretion of Chair as Affecting Time for Debate 

On certain incidental questions of order, the duration of debate is within 

the discretion of the Chair. This practice is followed with respect to: 

0 Debate on points of order. 5 Hinds §§ 6919, 6920; 8 Cannon §§ 3446-3448; 

Deschler-Brown Ch 29 § 67.3. 

0 Debate under the five-minute rule on an appeal in the Committee of the 

Whole. 8 Cannon § 2347. 

Timekeeping 

The Chair monitors the time of Members who take the floor in debate. 

The Chair announces when their time has expired under the rules, and that 

announcement is not subject to challenge. See, e.g., Deschler-Brown Ch 29 

425 

CHAPTER 16—CONSIDERATION AND DEBATE § 45 

§ 67.1. For a discussion of extensions of time, see § 48, infra. Traditionally, 

the time of the Speaker, the Majority Leader, and the Minority Leader is 

not monitored if they have been yielded a nominal amount of time (typically 

one minute) to allow such individuals the courtesy of extended and unfettered debate. Manual § 953. 

§ 45. The Hour Rule 

Clause 2 of rule XVII limits to one hour the amount of time that a 

Member may occupy in debate on a pending question, and no Member may 

address the House for more than one hour, even by unanimous consent. 

Manual § 957; Deschler-Brown Ch 29 §§ 68, 68.3; § 48, infra. 

The practice under the hour rule often serves to limit the total time for 

debate on the measure itself to one hour. This is because, at the conclusion 

of the controlling Member’s hour, ordering the previous question cuts off 

further debate. Manual § 994. If the Member controlling the hour successfully moves the previous question, all debate is terminated and the measure 

is voted on by the House. 

If the House rejects the previous question, the measure is then open to 

further debate. Recognition passes to an opponent of the measure, who may 

offer an amendment and be recognized for one hour. See PREVIOUS QUESTION. 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 

§ 957. 

The hour rule is one of general applicability; it is often overtaken by 

an order of the House or a special order of business from the Committee 

on Rules, and it is not applicable where another rule of the House specifies 

otherwise. The hour rule applies to the following: 

0 A resolution presenting a question of the privileges of the House, subject 

to the division of time specified in rule IX. Manual § 698. 

0 A resolution reported as a question of the privileges of the House, such 

as a resolution presenting impeachment charges. Manual § 699. 

0 A question of personal privilege. Manual § 713. 

0 A privileged resolution reported from committee, such as a rule, joint rule, 

or order of business reported from the Committee on Rules or a committee funding resolution reported from the Committee on House Administration. Deschler-Brown Ch 29 §§ 68.32, 68.37. 

0 A resolution of inquiry. Deschler-Brown Ch 29 § 68.33. 

0 A District of Columbia bill on the House Calendar called up on District 

Day under clause 4 of rule XV. Deschler-Brown Ch 29 § 68.5. 

0 A private bill called up in the House by unanimous consent. DeschlerBrown Ch 29 § 68.9. 

426 

§ 46 HOUSE PRACTICE

0 A measure not requiring consideration in the Committee of the Whole before the House pursuant to a motion to discharge. Deschler-Brown Ch 

29 § 68.34. 

0 A motion to refer, or the direct consideration of, a vetoed bill. DeschlerBrown Ch 29 §§ 68.55, 68.56. 

0 A motion to reconsider (if debatable). Manual § 1010. 

0 A motion to discharge a committee from further consideration of a resolution disapproving a reorganization plan. Deschler-Brown Ch 29 § 68.64. 

0 A motion to expunge from the Congressional Record certain remarks used 

in debate and ruled out of order. Deschler-Brown Ch 29 § 68.61. 

0 A motion to send a bill to conference under clause 1 of rule XXII. Deschler-Brown Ch 29 § 68.26. 

0 A motion to instruct House managers at a conference, subject to the division of time specified in clause 7(b) of rule XXII. Manual § 1078. 

0 A conference report or a motion to dispose of a Senate amendment reported 

in disagreement by a conference committee, subject to the division of 

time specified in clause 8(d) of rule XXII. Manual § 1086. 

0 A preferential motion to insist on disagreement to a Senate amendment reported in disagreement by a conference committee, subject to the division of time specified in clause 8(b)(3) of rule XXII. Deschler-Brown Ch 

29 § 68.12. 

0 A Senate amendment considered in the House. Deschler-Brown Ch 29 

§ 68.12. 

The hour rule applies even before the adoption of the rules at the inception of a Congress. Manual § 60. Thus, a Member offering a resolution on 

the seating of a Member-elect is entitled to one hour of debate. DeschlerBrown Ch 29 § 68.1 

§ 46. Ten-minute, 20-minute, and 40-minute Debate 

The House rules specify fixed periods of time for debate, equally divided between the proponents and opponents, on certain motions and questions. 

Ten-minute Debate 

The House rules permit the proponent and an opponent each five minutes of time for debate on an amendment offered after closing of general 

debate in the Committee of the Whole, subject to additional pro forma or 

second-degree amendments. Similarly, 10 minutes for debate is permitted on 

an amendment offered after the closing of five-minute debate by the Committee under clause 8 of rule XVIII if printed as required in the Congressional Record and if not dilatory. Manual §§ 978, 981, 987. 

427 

CHAPTER 16—CONSIDERATION AND DEBATE § 46 

In addition, the House rules permit five minutes in support and five 

minutes in opposition to the following motions: 

0 A motion to recommit with instructions a bill or joint resolution under 

clause 2 of rule XIX, with the time subject to extension under some circumstances. Manual § 1001. 

0 A motion to dispense with the call of the Private Calendar under clause 

5(c) of rule XV. Manual § 895. 

Twenty-minute Debate 

The House rules permit 20 minutes of time for debate on motions to 

discharge a committee, the time to be equally divided under clause 2 of rule 

XV. Manual § 892. The right to close such debate is reserved to the proponents of the motion. 7 Cannon § 1010a. The chair of the committee being 

discharged, if opposed to the motion, is recognized to control the 10 minutes 

in opposition. Deschler-Brown Ch 29 § 69.3. If the motion to discharge is 

successful, and the measure is properly before the House rather than the 

Committee of the Whole, the Member moving its consideration is recognized in the House under the hour rule. Manual § 892. 

Twenty minutes of debate also is permitted where a point of order is 

raised against an unfunded Federal intergovernmental mandate under section 

425 of the Congressional Budget Act. Manual § 1127. Points of order under 

the Act are disposed of by putting the question of consideration, debatable 

for 20 minutes—10 by the Member making the point of order, 10 by a 

Member in opposition. § 426(b)(4) of the Congressional Budget Act. Similarly, 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 waiving such a point of order. Such question of consideration is debatable for 20 minutes—10 by the Member making the point of order, 10 by a Member in opposition. See BUDGET PROCESS. 

Forty-minute Debate 

The House rules permit 40 minutes of time for debate, to be divided 

between proponents and opponents, on the following: 

0 A motion to suspend the rules under clause 1 of rule XV. Manual § 891. 

0 A debatable proposition on which there has been no debate before the ordering of the previous question under clause 1 of rule XIX. Manual 

§ 994; 5 Hinds § 6821. 

0 A motion to reject certain portions of a conference report or Senate amendment objected to as nongermane under clause 10 of rule XXII. Manual 

§ 1089. 

428 

§ 47 HOUSE PRACTICE

Other chapters in this work dealing with specific motions and questions 

should be consulted. See, e.g., PREVIOUS QUESTION; CONFERENCES BETWEEN THE HOUSES; and SUSPENSION OF RULES. 

§ 47. Debate in the House as in the Committee of the Whole 

Debate on a bill being considered in the House as in the Committee 

of the Whole is under the five-minute rule, with no general debate. Manual 

§§ 424-427. Five minutes in favor of and five in opposition to an amendment are permitted. Deschler-Brown Ch 29 § 70.7. Members also may gain 

five minutes of debate by offering pro forma amendments and motions to 

strike the enacting clause. Deschler-Brown Ch 29 §§ 70.11, 70.12. 

Normally, five-minute debate on a bill considered in the House as in 

the Committee of the Whole may be extended by unanimous consent. 

Deschler-Brown Ch 29 § 70.6. However, the Chair does not recognize for 

such extensions of time during consideration of a private bill in the House 

as in the Committee of the Whole. Deschler-Brown Ch 29 § 70.10. 

§ 48. Limiting or Extending Time for Debate 

Generally 

The House may by unanimous consent or by special order of business 

limit or extend the time for debate on propositions considered in the House. 

Deschler-Brown Ch 29 § 71. However, a motion to extend the time for debate in the House is not in order. Deschler-Brown Ch 29 § 73.17. 

By Special Order of Business 

A special order of business from the Committee on Rules may extend 

the time for debate that may be devoted to a proposition to be considered 

in the House. Deschler-Brown Ch 29 § 71.1. It may specify, for example, 

that debate shall not exceed a certain number of hours. Deschler-Brown Ch 

29 § 25.17. Similarly, though conference reports are ordinarily considered 

under the hour rule, a special order of business may provide for more extended debate. Deschler-Brown Ch 29 § 71.18. 

By Unanimous Consent 

Time for debate in the House under the hour rule may be modified by 

unanimous consent. Deschler-Brown Ch 29 § 71. For example, by unanimous consent, debate has been extended on a resolution presenting articles 

of impeachment (Deschler-Brown Ch 29 § 71.13) and on a disciplinary resolution (Deschler-Brown Ch 29 § 71.6; 107-2, July 24, 2002, p 14310). 

429 

CHAPTER 16—CONSIDERATION AND DEBATE § 48 

Debate on a privileged resolution in the House is ordinarily under the 

hour rule, but such debate may be extended beyond one hour by unanimous 

consent or by rejecting the motion for the previous question. DeschlerBrown Ch 29 §§ 68.41, 68.42; § 49, infra. Thus, the House may agree to 

a unanimous-consent request to extend the time for debate in the House on 

a special order of business reported from the Committee on Rules. DeschlerBrown Ch 29 § 71.4. 

Unanimous-consent agreements extending time may further provide for 

a division of time between various Members. However, a Member may not 

extend a special-order speech (or debate on a question of personal privilege) 

for more than one hour, even by unanimous consent. Manual § 957; Deschler Ch 11 § 22.1; Deschler-Brown Ch 29 § 71.20. 

Effect of Statutory Time Limitations 

Time for debate on certain kinds of legislative propositions is limited 

by statute. Manual § 1130. Examples include: 

0 Congressional Budget Act of 1974 (limits debate on concurrent resolutions 

on the budget to 10 hours; specifies up to four hours for debate on economic goals and policies; amendments considered under five-minute 

rule). § 305(a); 2 USC § 636. 

0 Impoundment Control Act of 1974 (limits debate on rescission bill or impoundment resolution to not more than two hours). § 1017(c); 2 USC 

§ 688. 

0 Trade Act of 1974 (limits debate on implementing bills and certain resolutions to 20 hours). 19 USC § 2191. 

0 Pension Reform Act (limits debate on joint resolutions approving certain 

schedules to not more than 10 hours). § 4006(b)(6); 29 USC § 1306(b). 

0 Marine Fisheries Conservation Act (limits debate on fishery agreement resolutions to not more than 10 hours). § 203(d)(4); 16 USC § 1823(d). 

0 Nuclear Waste Policy Act of 1982 (limits debate on certain resolutions of 

approval to not more than two hours). § 115(e)(4); 42 USC § 10135(e). 

Such statutory provisions (compiled in Manual § 1130) are enacted as 

an exercise of the rulemaking power of both Houses, with full recognition 

of the ability of either House to change them at any time. In one instance, 

the Committee of the Whole was considering a resolution disapproving a 

reorganization plan pursuant to the Reorganization Act of 1949, which limited time for debate to 10 hours. The House agreed by unanimous consent 

to limit debate in the Committee to five hours and subsequently consented 

to limit further debate to 30 minutes. Deschler-Brown Ch 29 § 71.7. 

430 

§ 49 HOUSE PRACTICE

§ 49. Terminating Debate 

The usual motion for closing debate in the House (as distinguished from 

the Committee of the Whole) is the motion for the previous question under 

rule XIX. Manual § 994; 5 Hinds § 5456; 8 Cannon § 2662. This motion 

also is used to close debate in the House as in the Committee of the Whole. 

Deschler-Brown Ch 29 § 72.7. The Member controlling debate on a proposition in the House may move the previous question and (if ordered by the 

House) thereby terminate further debate. Deschler-Brown Ch 29 § 72.2. 

However, the House may by unanimous consent vacate the ordering of the 

previous question in order to extend debate. Deschler-Brown Ch 29 § 72.4. 

If the previous question is ordered on a debatable proposition, and that proposition has not in fact been debated, then, under clause 1 of rule XIX, 40 

minutes of debate is permitted. Manual § 994; 5 Hinds § 6821; 8 Cannon 

§ 2689. 

Other methods of terminating or precluding debate in the House include 

the use of the motion to lay on the table and the raising of the question 

of consideration. For a discussion of such methods, see PREVIOUS QUESTION, LAY ON THE TABLE, and QUESTION OF CONSIDERATION. 

§ 50. One-minute and Special-order Speeches; Morning-hour Debates 

Generally 

The ability of Members to address matters not on the daily legislative 

agenda is facilitated by allowing ‘‘one-minute speeches’’ and ‘‘special-order 

speeches.’’ Neither procedure is specifically provided for in the standing 

rules. Their use is permitted by a long-standing custom and is based on the 

Speaker’s discretionary power of recognition under clause 2 of rule XVII. 

Manual § 950. 

One-minute Speeches 

The practice of limiting recognition before legislative business to one 

minute began on August 2, 1937, and was reiterated by Speaker Rayburn 

on March 6, 1945. 75-1, Aug. 2, 1937, p 8004; Deschler Ch 21 § 6.1. Oneminute speeches are normally entertained at the beginning of the legislative 

day, although the Speaker has discretion to recognize Members to proceed 

for one minute after legislative business has been completed or at some 

other time or place in the legislative day (for example, to follow a scheduled 

recess). Deschler-Brown Ch 29 § 73.6. Indeed, when the House has a heavy 

legislative schedule, the Speaker may refuse all requests to recognize Members for one-minute speeches. Deschler-Brown Ch 29 § 73.5. More comVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00440 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 16—CONSIDERATION AND DEBATE § 50 

monly, the Speaker limits one-minute speeches to a certain number for each 

side of the aisle, entertaining any remaining requests at the end of legislative 

business before special-order speeches. 

Where a guest chaplain leads the House in prayer at the beginning of 

the legislative day, it is typical for the Member representing the guest chaplain’s district to give the first one-minute speech of the day in order to introduce the guest chaplain to the House. See, e.g., 110-2, July 24, 2008, p 

16367. 

The evaluation of the time consumed on a one-minute speech is a matter for the Chair and is not subject to challenge on a point of order. Deschler-Brown Ch 29 § 73.3. The Chair has refused to put to the House unanimous-consent requests for extensions of that time. Deschler-Brown Ch 29 

§ 73.10. Moreover, under the Speaker’s power of recognition as traditionally 

exercised before legislative business, a Member can be recognized for a oneminute speech only once, and a second unanimous-consent request on that 

day will not be entertained. Manual § 950. 

The order of recognition for one-minute speeches before legislative 

business is within the discretion of the Chair and is not subject to challenge 

on a point of order. Deschler-Brown Ch 29 § 10.55. However, the Chair endeavors to recognize majority and then minority Members by allocating time 

in a nonpartisan manner. Deschler-Brown Ch 29 § 10.50. In 1984, the 

Speaker instituted the policy of requiring alternate recognition of majority 

and minority Members in the order in which they seek recognition. Manual 

§ 950. 

Morning-hour Debate 

Morning-hour debate was first initiated in the second session of the 

103d Congress. The House by unanimous consent agreed that on Mondays 

and Tuesdays the House would convene 90 minutes earlier than the time 

otherwise established by order of the House, solely for the purpose of conducting morning-hour debate, to be followed by a recess declared by the 

Speaker. In the 104th Congress, the House extended and modified that order 

to accommodate earlier convening times after May 14 of each year. In the 

112th Congress, the House expanded that order to include morning-hour debate on Wednesdays and Thursdays as well. Debate is limited and allocated 

to each party, with initial and subsequent recognition alternating daily between parties pursuant to lists submitted by the leadership. Under the customary order of the House establishing morning-hour debate, a Member may 

not be recognized for more than five minutes (with certain leadership exceptions). The Chair does not entertain a unanimous-consent request to extend 

this five-minute period. Manual § 951. When the House convenes solely for 

432 

§ 50 HOUSE PRACTICE

morning-hour debate, the Chair does not entertain unanimous-consent requests to remove cosponsors from bills. 103-2, Apr. 26, 1994, p 8544. The 

Chair may receive messages during morning-hour debate (103-2, May 10, 

1994, p 9697) and, beginning in the 112th Congress, privileged reports may 

also be filed (112-1, Jan. 5, 2011, p ll). 

Special-order Speeches 

The Chair normally recognizes Members for special orders to address 

the House at the conclusion of business of the day. The Speaker may reserve the right to return to business. Deschler-Brown Ch 29 § 10.69. Under 

clause 2 of rule XVII, no Member may be recognized beyond one hour, 

even by unanimous consent. Manual § 957. Furthermore, a Member may not 

be recognized for two special-order speeches on the same legislative day, 

even though special orders have been interrupted by legislative business. 

Deschler-Brown Ch 29 §73.15. 

The Speaker has announced the following policies for recognition of 

special-order speeches: 

0 Recognition alternates between majority and minority Members. 

0 Recognition shall be only pursuant to lists submitted by the leadership. 

0 Recognition does not extend beyond ten o’clock in the evening. 

0 Recognition for special-order speeches is limited to four hours equally divided between the majority and minority. 

0 The first hour for each party is reserved to its respective Leader or designees. The second hour is divided into 30-minute periods. 

0 The first recognition within a category alternates between the parties from 

day to day. 

0 The respective Leaders may establish additional guidelines for entering requests. 

Manual § 950. 

The Chair will recognize for subdivisions of the first hour reserved for 

special orders only on designations (and reallocations) by the leadership 

concerned. A Member who is recognized to control time during special orders may yield to colleagues for such amounts of time as the Member may 

deem appropriate but may not yield blocks of time to be enforced by the 

Chair. Members regulate the duration of their yielding by reclaiming the 

time when appropriate. Manual § 950. 

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, p ll. 

433 

CHAPTER 16—CONSIDERATION AND DEBATE § 52 

G. Duration of Debate in the Committee of the Whole 

§ 51. In General; Effect of Special Orders of Business 

At one time, there was no limit on the time that a Member might occupy in debate in the Committee of the Whole when once in possession of 

the floor. A Member might speak an unlimited time, whether in general debate or on an amendment. 5 Hinds § 5221. Today time limitations on general debate are imposed on measures by unanimous consent or special order 

of business. Deschler-Brown Ch 29 § 74. In the unlikely event a measure 

is considered in the Committee of the Whole without fixing the time for 

general debate, each Member may be recognized for one hour. § 52, infra. 

The chair of the Committee of the Whole monitors the time used by 

each Member for debate and announces the expiration thereof. 

§ 52. General Debate 

The duration and allocation of time for general debate in the Committee 

of the Whole is controlled by the House; and the Committee may not, even 

by unanimous consent, extend the time for general debate fixed by the 

House. Manual § 993; Deschler-Brown Ch 29 § 75.7. The House establishes 

such time for general debate through a unanimous-consent agreement or the 

adoption of a special order of business from the Committee on Rules. 

Deschler-Brown Ch 29 § 74. 

If the House does not limit the time for general debate in the Committee of the Whole, such debate is under the hour rule. Deschler-Brown 

Ch 29 § 75.1. A Member having control of such time may not consume 

more than one hour. Deschler-Brown Ch 29 § 75.5. 

Normally, the House order limiting time for general debate in the Committee of the Whole also will divide the control of the time between certain 

Members, such as the chair of the reporting committee and its ranking minority member. Although under the special order of business a Member may 

have control of more than one hour of general debate on a bill in the Committee, Members may not, under the general rules of the House, yield themselves more than one hour for debate. Deschler-Brown Ch 29 § 74.4. It also 

is not in order for a Member to whom time has been yielded to ask unanimous consent for additional time, for time is controlled by those to whom 

it is allotted by the House and is not subject to extension by the Committee. 

Deschler-Brown Ch 29 § 75.8. 

The Committee of the Whole may not, even by unanimous consent, 

change the control of general debate to Members other than those specified 

by the House. However, unanimous consent has been permitted in the ComVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00443 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
434 

§ 53 HOUSE PRACTICE

mittee to permit one of two committees controlling time under a special 

order of business to yield control of its time to the other. Manual § 993. 

Effect of Absence of Members in Control 

Where no member of the reporting committee is present at the appropriate time during general debate in the Committee of the Whole, the Chair 

may presume the time to have been yielded back. Manual § 978. 

§ 53. Limiting General Debate 

By Unanimous Consent in the House 

Pending a motion to resolve into the Committee of the Whole, the 

House may by unanimous consent limit general debate to a time certain. 

Deschler-Brown Ch 29 § 76.8. If objection is raised to such unanimous-consent request, the Speaker puts the question on the initial motion to go into 

the Committee. Deschler-Brown Ch 29 § 3.5. 

By Motion in the House 

After unlimited general debate has begun in the Committee of the 

Whole and the Committee rises, a motion in the House to close or limit 

further general debate is in order. Manual § 979; 5 Hinds §§ 5204-5206. The 

motion is not in order until after debate in the Committee has begun and 

is made in the House pending the motion that the House resolve itself into 

Committee for further consideration of the bill, and not after the House has 

voted to go into Committee. 5 Hinds §§ 5204, 5208. The motion may not 

apply to a series of bills, and the motion must apply to the whole and not 

to a part of a bill. 5 Hinds §§ 5207, 5209. The motion may not be made 

in the Committee. 5 Hinds § 5217; 8 Cannon § 2548. 

By Unanimous Consent in the Committee 

Although the motion to close general debate is not in order in the Committee of the Whole, the Committee may, in the absence of an order of the 

House, close debate by unanimous consent. 8 Cannon §§ 2553, 2554. 

Although a bill is being considered in the Committee of the Whole 

under a special order of business specifying the time for general debate, the 

managers of the bill need not use all of the prescribed time. The Members 

in control of the time are permitted to yield it back and thereby shorten general debate. Deschler-Brown Ch 29 § 76.1. 

435 

CHAPTER 16—CONSIDERATION AND DEBATE § 54 

§ 54. Five-minute Debate 

Generally 

When general debate is closed in the Committee of the Whole, debate 

on amendments proceeds under the five-minute rule. Clause 5 of rule XVIII, 

which provides: 

When general debate is concluded or closed by order of the House, the 

measure under consideration shall be read for amendment. A Member, 

Delegate, or Resident Commissioner who offers an amendment shall be 

allowed five minutes to explain it, after which the Member, Delegate, or 

Resident Commissioner who shall first obtain the floor shall be allowed 

five minutes to speak in opposition to it. There shall be no further debate 

thereon, but the same privilege of debate shall be allowed in favor of and 

against any amendment that may be offered to an amendment. 

Under this rule the proponent of an amendment is entitled to five minutes of debate in favor of the amendment before a perfecting amendment 

may be offered thereto. Deschler-Brown Ch 29 § 30.20. If, after a speech 

in favor of an amendment, no one claims the floor in opposition, the Chair 

may recognize another Member favoring the amendment. 8 Cannon § 2557. 

Speaking More Than Once 

Generally, a Member may speak only once for five minutes on a pending amendment, although a point of order under this rule comes too late 

after that Member has been recognized and has begun to speak. 92-1, June 

9, 1971, p 18988. Even when the Committee of the Whole resumes consideration of an amendment that has been debated by its proponent on a prior 

day, the proponent may speak again for five minutes on such amendment 

only by unanimous consent. Manual § 981. A Member recognized for five 

minutes on an amendment may not extend the time by offering another 

amendment. 8 Cannon §§ 2560, 2562. However, a Member who has offered 

an amendment and spoken thereon is not precluded from seeking recognition 

to speak to a proposed amendment to that amendment. Deschler-Brown Ch 

29 § 21.16. Where there is pending an amendment and a substitute therefor, 

the Member offering the substitute may debate it for five minutes and subsequently be recognized to speak for or against the original amendment. Moreover, if debate on the pending amendment is limited, the five-minute rule 

is abrogated and Members who have already spoken on an amendment may 

be recognized again under the limitation. Deschler-Brown Ch 29 § 22.9. 

Precluding Amendments; Effect of Special Orders of Business 

The House, and not the Committee of the Whole, controls the extent 

to which the offering of amendments may be precluded under the fiveVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00445 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
436 

§ 54 HOUSE PRACTICE

minute rule. The Committee cannot, even by unanimous consent, prohibit 

the offering of amendments otherwise in order under the rule. Manual § 993. 

A special order of business or other order of the House providing for 

the consideration of a bill may preclude the offering of amendments under 

the five-minute rule. For example, if a special order of business permits only 

designated amendments and prohibits amendments to amendments, then only 

two five-minute speeches are in order on each designated amendment, one 

speech in support and one in opposition. Deschler-Brown Ch 29 § 77.19. A 

Member may obtain additional time for debate only by unanimous consent. 

Because only the two five-minute speeches are in order, pro forma amendments are not permitted, and a third Member may be recognized only by 

unanimous consent. Manual § 993. A third Member is not entitled to recognition, notwithstanding the fact that the second Member, recognized in 

opposition, actually spoke in favor of the amendment. Deschler-Brown Ch 

29 § 21.23. 

Yielding Time 

A Member recognized under the five-minute rule may not reserve time 

or yield a specific amount of time to another Member. Manual § 980; 5 

Hinds §§ 5035-5037. Members so recognized may yield a portion of their 

time while remaining on their feet, but may not yield to another to offer 

an amendment. Deschler-Brown Ch 29 § 21.5. If a Member yields back or 

sits down before expiration of the five minutes, another may not be recognized for the remainder of that time. 8 Cannon § 2571. 

A Member may yield during debate under the five-minute rule while 

remaining standing to permit another Member to pose questions, to make 

a comment, or to make a unanimous-consent request. However, the time 

consumed thereby comes out of that of the Member holding the floor. 

Deschler-Brown Ch 29 § 29.6. Time consumed in yielding for a parliamentary inquiry also is charged against the five minutes. Deschler-Brown Ch 31 

§ 15.6. 

Extending Time 

A motion to require a certain amount of debate under the five-minute 

rule is not in order in the Committee of the Whole. Deschler-Brown Ch 29 

§ 78.101. A Member recognized under the five-minute rule may extend the 

time for debate (by not more than five minutes) only by unanimous consent, 

and a motion to that effect is not in order. Deschler-Brown Ch 29 § 21.13; 

§ 57, infra. 

Where debate on an amendment is limited and allocated to a proponent 

and an opponent, the Members controlling the debate may yield and reserve 

437 

CHAPTER 16—CONSIDERATION AND DEBATE § 54 

time, whereas time for debate on amendments cannot be reserved under the 

five-minute rule. Manual § 980. 

Pro Forma Amendments 

The pro forma amendment—to ‘‘strike the last word’’—is used under 

the five-minute rule only for purposes of debate or explanation, the proponent having no intent to offer a substantive amendment. A Member who 

has been recognized for five minutes on a pro forma amendment cannot 

thereafter extend the time by offering a second pro forma amendment. 

Deschler-Brown Ch 29 § 77.8. Members who have consumed five minutes 

in support of an amendment that they have offered cannot obtain additional 

time by offering a pro forma amendment to their own amendment. However, 

they may extend their time or speak again on the amendment by unanimous 

consent. Deschler-Brown Ch 29 § 77.9. A Member who has occupied the 

five minutes in opposition to an amendment may subsequently offer a pro 

forma amendment to the amendment. 84-1, June 30, 1955, p 9614. 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. A Member recognized on a pro forma amendment may not allocate or reserve time, but 

may, in yielding, indicate to the Chair an intention to reclaim time after a 

certain point. The Chair endeavors to alternate recognition to offer pro 

forma amendments between majority and minority Members (giving priority 

to committee members) rather than between sides of the question. Manual 

§ 981. 

Motions to Strike the Enacting Clause 

The preferential motion to rise and report back to the House with the 

recommendation that the enacting clause be stricken is sometimes used to 

gain an additional five minutes for debate in the Committee of the Whole. 

Clause 9 of rule XVIII; Manual §§ 988, 989. Debate on the preferential motion is limited to two five-minute speeches, and the Chair declines to recognize for requests for extensions of that time. Deschler Ch 19 § 13.2. Only 

two five-minute speeches are permitted, notwithstanding the fact that the 

second Member, recognized in opposition to the motion, spoke in favor 

thereof. Deschler Ch 19 § 13.3. Time for debate may not be reserved. Manual § 989. Debate may go to the merits of the underlying bill. 5 Hinds 

§ 5336. 

Members of the committee managing the bill have priority in recognition for debate in opposition to the motion. Deschler-Brown Ch 29 § 23.43. 

438 

§ 55 HOUSE PRACTICE

However, the Chair will not announce in advance who will be recognized 

in opposition. Manual § 989. 

If the House acts to strike the enacting clause as recommended by the 

Committee of the Whole, the bill is considered rejected. Manual § 989; 5 

Hinds § 5326. For a general discussion of this motion, see COMMITTEES OF

THE WHOLE. 

§ 55. — Limiting or Extending Five-minute Debate— By House 

Action 

By Unanimous Consent 

The House, by unanimous consent, may agree to limit or extend debate 

under the five-minute rule in the Committee of the Whole, whether or not 

that debate has commenced. The House may by unanimous consent agree 

to an extension of time for such debate even after the Committee has previously agreed to terminate debate at an earlier time. Deschler-Brown Ch 

29 § 78.41. 

By Motion 

A timely motion to limit debate on a matter pending in the Committee 

of the Whole under the five-minute rule has been held to lie in the House 

as well as in the Committee once that debate has begun. In an early decision 

Speaker Crisp held that the Committee did not have the exclusive right to 

limit debate on matters pending before it, and that a motion to limit debate 

on a section of a bill pending in Committee would lie in the House. 5 Hinds 

§ 5229. However, in modern practice the motion is made in the Committee 

under clause 8 of rule XVIII. § 56, infra. 

§ 56. — By Motion in the Committee of the Whole 

Generally; When in Order 

A motion in the Committee of the Whole to limit or close five-minute 

debate is permitted by clause 8 of rule XVIII. Manual § 987. The motion 

may propose to close debate at once or at the expiration of a designated 

time. 8 Cannon § 2572. As noted above, a motion to extend debate is not 

in order in the Committee. § 54, supra. 

Until a bill has been read for amendment in full or its reading dispensed 

with by unanimous consent or special order of business, a motion to close 

or limit debate on the entire bill is not in order. Deschler-Brown Ch 29 

§ 78.27. Likewise, a motion to close debate on a portion of a bill not yet 

reached in the reading of the bill for amendment is not in order. DeschlerBrown Ch 29 § 78.29. A motion to close debate on a portion of a bill that 

439 

CHAPTER 16—CONSIDERATION AND DEBATE § 56 

has been read and on which there has been debate is in order. DeschlerBrown Ch 29 § 78.34. For a discussion of unanimous-consent requests to 

close or limit debate, see § 57, infra. 

A motion to limit or close debate under the five-minute rule is not in 

order until debate has begun. 5 Hinds § 5225. Thus, a motion to close debate 

on a section of a bill or on an amendment is not in order until there has 

been some debate thereon. Deschler-Brown Ch 29 § 78.22. However, the 

motion to close debate has been held in order after only one speech, even 

though brief (5 Hinds § 5226), and although the Member making the speech, 

after gaining recognition to strike the last word, obtained consent to speak 

out of order (Deschler-Brown Ch 29 § 78.25). 

Under clause 8 of rule XVIII, a motion in the Committee of the Whole 

to close debate under the five-minute rule is privileged. However, the motion cannot deprive another Member of the floor. Deschler-Brown Ch 29 

§ 78.14. Once pending, the motion must be disposed of before further recognition by the Chair. Deschler-Brown Ch 29 § 22.1. 

Although it is customary for the Chair to recognize the manager of the 

pending bill to offer motions to limit debate, any Member may, pursuant 

to clause 8 of rule XVIII, move to limit debate at an appropriate time in 

the Committee of the Whole. Deschler-Brown Ch 29 § 23.28. However, the 

Member managing the bill is entitled to prior recognition to move to close 

debate on a pending amendment (after the proponent has yielded back) over 

other Members seeking to debate or amend the amendment. Deschler-Brown 

Ch 29 § 24.16. 

It is in order in the Committee of the Whole to move to limit or close 

debate under the five-minute rule with respect to: 

0 The portion of the text that is pending and all amendments thereto. Deschler-Brown Ch 29 § 78.7. 

0 An amendment and all amendments thereto. Deschler-Brown Ch 29 

§ 78.65. 

0 All amendments to the bill (after the bill has been read) and all amendments thereto. Deschler-Brown Ch 29 § 78.30. 

A proposition to control or divide the time is not in order as a part of 

a motion to limit debate under the five-minute rule. 8 Cannon § 2570. 

Where there is a time limitation on debate on a pending amendment in 

the nature of a substitute and all amendments thereto, but not on the underlying original text, debate on perfecting amendments to the original text proceeds under the five-minute rule, absent another time limitation. Where the 

time for debate on a pending amendment in the form of a motion to strike 

(and all amendments thereto) has been limited, a subsequently offered perfecting amendment considered as preferential to (rather than as an amendVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00449 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
440 

§ 57 HOUSE PRACTICE

ment to) the motion to strike remains separately debatable outside the limitation. Manual § 987. 

A limitation on debate on a section of a bill and amendments thereto 

does not affect debate on an amendment adding a new section to the bill. 

Deschler-Brown Ch 29 § 79.31. The Chair may decline to recognize a Member to offer such an amendment until perfecting amendments to the pending 

section have been disposed of under the limitation. Deschler-Brown Ch 29 

§ 79.137. 

Consideration of Motion; Debate and Amendments 

A motion to limit debate under the five-minute rule must be reduced 

to writing if demanded by any Member. Deschler-Brown Ch 29 § 78.52. The 

motion is not debatable (Manual § 987), although it is subject to amendment 

(5 Hinds § 5227; 8 Cannon § 2578). 

The motion in the Committee of the Whole to limit debate is not subject to a motion to reconsider because the motion to reconsider does not 

lie in the Committee. Deschler-Brown Ch 29 § 78.79. However, the Committee may by unanimous consent rescind or modify such an agreement. 

Deschler-Brown Ch 29 § 78.84. 

§ 57. — By Unanimous Consent in the Committee of the Whole 

Generally 

Debate under the five-minute rule in the Committee of the Whole may 

be closed or limited by the Committee by unanimous consent, even on portions of the bill not yet read. Deschler-Brown Ch 29 § 78.29. However, such 

request should include the condition that the portion of the bill sought to 

be limited be considered as read and open to amendment at any point. 

Deschler-Brown Ch 29 § 78.93. Similarly, the Committee may limit and allocate control of time for debate on amendments not yet offered by unanimous consent. Manual § 987. 

In limiting debate by unanimous consent under the five-minute rule, the 

Committee of the Whole may include provisions to control and allocate the 

time. Deschler-Brown Ch 29 § 78.37. For example, the Committee may, by 

unanimous consent, limit debate to a certain number of hours, or to a time 

certain, to be equally divided and controlled by the managers of the bill. 

Deschler-Brown Ch 29 § 78.62. 

Rescission or Modification of Limitation 

A time limitation on debate imposed by the Committee of the Whole 

may be rescinded or modified by the Committee by unanimous consent (but 

not by motion). Deschler-Brown Ch 29 §§ 78.42, 78.43. The Committee 

441 

CHAPTER 16—CONSIDERATION AND DEBATE § 59 

may by unanimous consent permit additional debate on an amendment before it is offered, notwithstanding a previous limitation imposed by the 

Committee on all amendments to the bill. Deschler-Brown Ch 29 § 79.63. 

The Committee can effect minor changes in procedures set by a special 

order of the House only by unanimous consent and only where congruent 

with the terms of the special order of business. Manual § 993. 

§ 58. Motions Allocating or Reserving Time 

A motion to limit debate under the five-minute rule in the Committee 

of the Whole is not in order if it includes a reservation of time for any special purpose, including a reservation of time for a particular Member. 

Deschler-Brown Ch 29 §§ 78.37, 78.61, 78.67, 78.72. However, the Committee may limit debate and include a reservation of time by unanimous 

consent. For example, part of the time under a limitation may be reserved 

for the reporting committee by unanimous consent. Deschler-Brown Ch 29 

§ 78.69. 

§ 59. Timekeeping; Charging Time 

Generally 

A limitation on debate under the five-minute rule may take the form 

of a restriction on time for debate (for example, ‘‘for 60 minutes’’) or as 

a limitation on debate to a time certain (for example, ‘‘until 5 p.m.’’). The 

form of the limitation is particularly significant in determining how the time 

is to be accounted for under the limitation. 

When time for debate on a proposition is limited to a fixed period, such 

as 60 minutes, the time consumed for purposes other than debate is not 

counted or charged against the allowable time for debate (such as votes, 

quorum calls, maintaining order, points of order, reading amendments, or offering and debating preferential motions to strike the enacting clause). Manual § 987; Deschler-Brown Ch 29 §§ 79.10, 79.13. However, if time is limited to a fixed period on the entire bill and all amendments thereto, the time 

for the preferential motion does consume time under the limitation. Deschler-Brown Ch 29 § 79.17. 

On the other hand, where the time for debate has been fixed to a time 

certain, such as 5 p.m., the time consumed by matters other than debate 

(such as parliamentary inquiries, points of order, rereading of amendments, 

maintaining order, votes, quorum calls, or offering and debating preferential 

motions to strike the enacting clause) is charged against the time remaining. 

Deschler-Brown Ch 29 §§ 79.5, 79.9. Such a limitation terminates all debate 

at the time specified, notwithstanding any allotted time remaining. DeschlerVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00451 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 59 HOUSE PRACTICE

Brown Ch 29 § 79.8. In such cases, no point of order lies against the inability of the Chair to recognize each Member desiring recognition. DeschlerBrown Ch 29 § 22.31. The time specified can be rescinded or modified only 

by unanimous consent. Manual § 987. A unanimous consent-request or motion to close debate at a time certain should specify that the debate cease 

at a certain time, and not that the Committee of the Whole vote at a certain 

time, because the Chair cannot control time consumed by quorum calls or 

votes on other intervening motions. Deschler-Brown Ch 29 § 78.75. If the 

Committee rises before the expiration of such a limitation, and does not resume consideration before the time certain arrives, no further time for debate 

remains. Deschler-Brown Ch 29 § 79.128. 

If debate is closed instantly on the entire bill and all amendments thereto, no further debate is in order for any purpose (including the preferential 

motion that the enacting clause be stricken); and further amendments may 

be offered but not debated unless they have been printed in the Congressional Record. Deschler-Brown Ch 29 §§ 79.1, 79.23. 

Role of the Chair in Allocating Time 

Where debate on an amendment has been limited, the Chair has several 

options in allocating the remaining time. The Chair may (1) continue to recognize under the five-minute rule; (2) divide the time between Members indicating a desire to speak; or (3) as is increasingly the case under the modern practice, divide time between the proponent of the amendment and an 

opponent (giving priority in recognition among opponents to committee 

members) and allow them in turn to yield time to other Members. Manual 

§ 987. 

The Chair also has the discretion to give priority in recognition under 

a limitation to those Members seeking to offer amendments, over other 

Members standing at the time the limitation was agreed to. Where time for 

debate on a bill and all amendments thereto has been limited to a time certain several hours away, the Chair has the discretion to continue to proceed 

under the five-minute rule until deciding to allocate remaining time on possible amendments. The Chair may then divide that time among proponents 

of anticipated amendments and committee members opposing those amendments. The Chair also has discretion to reallocate time to conform to the 

limit set by unanimous consent of the Committee of the Whole. Manual 

§ 987. 

Time Remaining After Committee Rises 

The adoption of a motion to rise during debate on an amendment in 

the Committee of the Whole does not affect the time remaining on the 

443 

CHAPTER 16—CONSIDERATION AND DEBATE § 61 

amendment when the bill is resumed as unfinished business in the Committee of the Whole, where debate is limited to a number of minutes and 

not to a time certain. Deschler-Brown Ch 29 § 79.131. However, where a 

measure has been limited to a time certain, and the Committee rises before 

that time without having completed action on the pending measure, no time 

is considered to be remaining when the Committee, on a later day, resumes 

consideration of the measure. Deschler-Brown Ch 29 § 79.127. The Committee may extend debate on the subsequent day only by unanimous consent. Deschler-Brown Ch 29 § 78.84. 

Where after limiting debate under the five-minute rule the Committee 

of the Whole is about to rise on motion, the Chair has the discretion to defer 

the allocation of that time until the Committee resumes consideration of the 

bill on a subsequent day. Deschler-Brown Ch 29 § 79.52. 

H. Reading Papers; Displays and Exhibits 

§ 60. Reading Papers 

In the early practice of the House, the reading of papers, including a 

Member’s own written speech, was usually permitted without question; and 

Members usually read such papers as they pleased. Manual § 964; 5 Hinds 

§ 5258. However, that privilege was subject to the authority of the House 

if another Member objected under a former version of clause 6 of rule XVII. 

Manual § 964. If objection was made to such a reading under the former 

rule, the question was determined by the House without debate. The rule 

was amended in 1993 to apply only to exhibits and not to readings and the 

question no longer must be submitted to the House. Manual § 963. 

§ 61. Use of Exhibits 

Generally 

Members often use relevant exhibits in debate for the information of 

other Members. The display of exhibits in debate was at one time automatically subject to House consent under clause 6 of rule XVII if objection was 

made. However, the clause was amended in the 107th Congress to give the 

Chair the discretion to submit the question of its use to the House. Manual 

§ 963. 

For procedures under the former rule, see Manual § 963. 

It is not a proper parliamentary inquiry to ask the Chair to judge the 

accuracy of the content of an exhibit. It is not in order to request that the 

444 

§ 62 HOUSE PRACTICE

electronic voting display be turned on during debate as an exhibit to accompany a Member’s debate. Manual § 963. 

Exhibits that have been permitted by the House or the Committee of 

the Whole, either by vote or because no objection was raised, include: 

0 A pair of oversized dice. Deschler-Brown Ch 29 § 84.2. 

0 Models prepared by the Committee on Science and Astronautics. DeschlerBrown Ch 29 § 84.4. 

0 Electronic voting equipment to be installed in the House Chamber. Deschler-Brown Ch 29 § 84. 

0 A bottle of liquor alleged to be ‘‘government rum.’’ Deschler-Brown Ch 

29 § 84.1. 

0 A chart showing complex funding formulas. Deschler-Brown Ch 29 § 84.5. 

0 Photographs of missing children. Deschler-Brown Ch 29 § 84.14. 

0 A display of dismantled weapons. Deschler-Brown Ch 29 § 84.17. 

0 A chart showing stockpiled weaponry. 99-1, June 19, 1985, p 16359. 

The Speaker or chair of the Committee of the Whole may under rule 

I direct the removal of an exhibit from the well if the exhibit is not being 

used in debate. Deschler-Brown Ch 29 §§ 84.9, 84.10. 

The Speaker has denied a request that a Member be permitted to use 

a video recorder on the floor of the House during a special-order speech, 

as an audio-visual display of comments by non-Members would be contrary 

to precedents limiting the privilege of debate to Members. Deschler-Brown 

Ch 29 § 80.8. The Speaker has disallowed the use of a person on the floor 

as a guest of the House as an ‘‘exhibit.’’ Manual § 622; § 21, supra. 

Beginning in the 111th Congress, the Speaker has announced guidelines 

for appropriate comportment in the chamber when the House is not in session. Such guidelines re-affirm the Speaker’s responsibility for control of the 

Hall of the House under clause 3 of rule I, indicate that the chamber remains on static display during periods of adjournment, and prohibit any activity (including audio or video recording) that might be taken to carry the 

imprimatur of the House. 111-1, Jan. 6, 2009, p ll. 

§ 62. — Decorum Requirements 

The Speaker’s responsibility under clause 2 of rule I to preserve decorum requires that the use of exhibits in debate that would be demeaning to 

the House or that would be disruptive of the decorum thereof be disallowed. 

Deschler-Brown Ch 29 § 84.16. Thus the Speaker may inquire of a Member’s intentions as to the use of exhibits before conferring recognition to address the House. Deschler-Brown Ch 29 § 84.11. In one instance, the Chair 

declined to permit a bumper sticker to be attached to the lectern in the 

House Chamber. 101-1, Sept. 13, 1989, p 20362. In 1995, a caricature of 

445 

CHAPTER 16—CONSIDERATION AND DEBATE § 63 

the Speaker presented during debate was ruled out of order. 104-1, Nov. 16, 

1995, p 33393-95. In another instance, where a Member during debate on 

a bill funding the arts indicated his intention to show as exhibits certain 

photographs—some innocuous and some alleged to be pornographic—the 

Chair announced that he would prevent the display of all such exhibits on 

the pending bill. The Chair observed that although the first amendment to 

the Constitution provides that Congress shall make no law abridging the 

freedom of speech, the Constitution also provides in article I that the House 

may determine the rules of its proceedings, and in clause 2 of rule I the 

House has assigned to the Chair the responsibility of preserving order and 

decorum. Manual § 622. 

At the request of the Committee on Ethics, the Speaker announced that 

(1) all handouts distributed on or adjacent to the floor must bear the name 

of a Member authorizing the distribution; (2) the content of such handouts 

must comport with the standards applicable to words used in debate; (3) 

failure to comply with these standards may constitute a breach of decorum 

and thus give rise to a question of privilege; (4) staff are prohibited in the 

Chamber or rooms leading thereto from distributing handouts and from attempting to influence Members with regard to legislation; and (5) Members 

should minimize the use of handouts to enhance the quality of debate. Manual § 622. 

I. Secret Sessions 

§ 63. In General 

Generally; Historical Background 

In the early days of the Congress, secret sessions of the House were 

frequent. The sessions of the Continental Congress were secret. Up to and 

during the War of 1812, secret sessions of the House were held often. Normally, the House sat with galleries open. When the occasion required, as 

on receipt of a confidential communication from the President, the galleries 

were cleared by House order. 5 Hinds §§ 7247, 7251 (note). Following that 

period, the practice fell into disuse, remaining dormant for almost a century, 

and there have been but few secret sessions in the modern era. 6 Cannon 

§ 434. 

It has been held that each House has a right to hold secret sessions 

whenever in its judgment the proceedings should require secrecy. In 1848, 

the Circuit Court of the District of Columbia upheld a Senate contempt proceeding conducted in a secret session arising out of the publication of a treaVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00455 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 63 HOUSE PRACTICE

ty pending before the Senate in executive session. Nugent v. Beale, 18 F. 

Cas. 141 (C.C.D.C. 1848) (No. 10375); 2 Hinds § 1640. 

Procedure 

The oath of office taken by elected House officers obligates them to 

‘‘keep the secrets of the House’’ under clause 1 of rule II. Manual § 640. 

Clause 9 of rule XVII, dating from 1792, authorizes the holding of a secret 

session (1) whenever confidential communications are received from the 

President, or (2) whenever the Speaker or any Member informs the House 

that such individual has communications that such individual believes ought 

to be kept secret. Manual § 969. 

The House, and not the Committee of the Whole, determines whether 

to conduct a secret session under clause 9 of rule XVII. Manual § 969; 

Deschler-Brown Ch 29 § 85.6. Provision for the session is generally made 

pursuant to a motion considered in the House. See § 64, infra. The material 

to be presented in the secret session is not required to be relevant to any 

particular legislation. Deschler-Brown Ch 29 § 85.9. No point of order lies 

in the secret session that the material in question must be produced for the 

Members in advance to determine whether secret or confidential communications are involved. Deschler-Brown Ch 29 § 85.14. 

For procedures governing a secret session of the House called to resolve 

a conflict between the Permanent Select Committee on Intelligence and the 

President with respect to disclosure of classified information, see clause 

11(g) of rule X. Manual § 785. 

Use of Special Orders of Business 

In 1983, for the first time, a secret session was held pursuant to a special order of business reported from the Committee on Rules and adopted 

by the House. The special order of business provided for preliminary general 

debate on a bill in secret session of the Committee of the Whole and for 

further consideration of the bill in open session of the Committee of the 

Whole. 98-1, H. Res. 261, July 14, 1983, p 19133. Following the secret session, the Speaker stated that Members were bound not to release or revise 

or make public any of the transcript thereof until further order of the House, 

and that pursuant to the special order of business the transcript would be 

referred to the two committees reporting the bill. 98-1, July 19, 1983, pp 

19776, 19777. Six months later, the Speaker laid before the House communications transmitting the recommendations of those committees that the 

transcript of the secret session not be publicly released. 98-2, Jan. 23, 1984, 

p 84. 

447 

CHAPTER 16—CONSIDERATION AND DEBATE § 65 

In 2008, for the first time, a secret session was held pursuant to a unanimous-consent request that, similar to a special order of business, provided 

the terms for debate. Manual § 969. 

§ 64. Motions; Debate 

A motion to go into a secret session is in order when any Member informs the House that such Member has communications that should be considered in confidence. The motion takes precedence over a motion to resolve 

into the Committee of the Whole for the consideration of privileged legislative business such as an appropriation bill. 8 Cannon § 3630. 

The motion to resolve into secret session may be made only in the 

House and not in the Committee of the Whole. Manual § 969; DeschlerBrown Ch 29 § 85.6. The Member offering the motion must qualify by asserting that such Member has a secret communication to make to the House. 

Deschler-Brown Ch 29 § 85.5. The motion may be repeated on the same 

legislative day if the proponent asserts additional qualifying communications. Manual § 969. The motion is not debatable, although the Chair may 

explain the operation of the rule and respond to parliamentary inquiries after 

the motion has been agreed to and before the secret session commences. 

Manual § 969; Deschler-Brown Ch 29 §§ 85.7, 85.9. The motion to resolve 

into secret session is subject to the motion to lay on the table. Manual 

§ 969. 

After a motion to resolve into a secret session has been adopted, the 

Member who offered the motion may be recognized for one hour of debate. 

The normal rules of debate, including the principle that motions are in order 

only when the Member in control yields for that purpose, apply. DeschlerBrown Ch 29 § 85.13. 

A motion in secret session to make the proceedings public is debatable 

for one hour, within narrow limits of relevancy. At the conclusion of debate 

in secret session, a Member may be recognized to offer a motion that the 

session be dissolved. Deschler-Brown Ch 29 § 85.18. In 2008, the unanimous-consent agreement pursuant to which the House resolved into secret 

session provided for adjournment of the House immediately following the 

secret session. Manual § 969. 

§ 65. Secrecy Restrictions and Guidelines 

The Speaker may announce before a secret session commences that the 

galleries will be cleared. The Speaker also may announce that the Chamber 

will be cleared of all persons except Members and those officers and employees whose attendance is essential to the functioning of the secret session 

448 

§ 65 HOUSE PRACTICE

and so specified by the Speaker, and that all proceedings in the secret session must be kept secret until otherwise ordered by the House. DeschlerBrown Ch 29 §§ 85.8, 85.9. In one instance, the Speaker directed all officers 

and employees designated by him as essential to the proceedings to come 

to the desk and sign an oath of secrecy. The Speaker announced that violation of the oath was punishable by the House and that Members and employees were subject to standards of conduct and disciplinary proceedings 

under House rules. Deschler-Brown Ch 29 § 85.9. Where the House has concluded a secret session and has not voted to release the transcripts of that 

session to the public, the injunction of secrecy remains and the Speaker may 

informally refer the transcripts to appropriate committees for their evaluation 

and report to the House as to their ultimate disposition. Deschler-Brown Ch 

29 § 85.10. Under clause 13 of rule XXIII (which was added to the Code 

of Official Conduct in the 104th Congress), all Members, officers, and employees are required to execute an oath before they are given access to classified information. The list of Members signing this oath is published weekly in the Congressional Record. For a discussion of committee meetings in 

executive session, see COMMITTEES. 

449 

Chapter 17 

Contempt 

§ 1. In General 

§ 2. Statutory Contempt Procedure 

§ 3. — Duties of the Speaker and U.S. Attorney 

§ 4. — Defenses; Pertinence Requirement 

§ 5. Purging Contempt 

Research References 

2 Hinds §§ 1597-1640; 3 Hinds §§ 1666-1724 

6 Cannon §§ 332-334 

Deschler Ch 15 §§ 17-22 

Manual §§ 293-299 

2 USC §§ 192, 194 

§ 1. In General 

An individual who fails or refuses to comply with a House subpoena 

may be cited for contempt of Congress. 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 (Anderson v. Dunn, 19 U.S. 204 (1821)) so far as necessary to 

preserve and exercise the legislative authority expressly granted (Marshall 

v. Gordon, 243 U.S. 521 (1917)). However, as a power of self-preservation, 

a means and not an end, the power does not extend to infliction of punishment. Manual §§ 294-296. 

To supplement this inherent power, Congress in 1857 adopted an alternative statutory contempt procedure. § 2, infra. Thus, the House may either 

(1) certify a recalcitrant witness to the appropriate United States Attorney 

for possible indictment under this statute or (2) exercise its inherent power 

to commit for contempt by detaining the witness in the custody of the Sergeant-at-Arms. Manual § 296. The statutory procedure is the one used in 

modern practice, but the ‘‘inherent power’’ remains available. In one instance, the House invoked both procedures against a witness. 3 Hinds 

§ 1672. 

In contrast, the Senate may invoke its civil contempt statute (2 USC 

§ 288d) to direct the Senate legal counsel to bring an action in Federal court 

450 

§ 2 HOUSE PRACTICE

to compel a witness to comply with the subpoena of a committee of the 

Senate. 

Under the inherent contempt power of the House, the recalcitrant witness may be arrested and brought to trial before the bar of the House, with 

the offender facing possible incarceration. 3 Hinds § 1685. At the trial of 

the witness in the House, questions may be put to the witness by the Speaker (2 Hinds § 1602) or by a committee (2 Hinds § 1617; 3 Hinds § 1668). 

In one instance, the matter was investigated by a committee, the respondent 

was then brought to the bar of the House, and a resolution was reported 

to the House for its vote. 2 Hinds § 1628. 

The inherent power of Congress to find a recalcitrant witness in contempt has not been invoked by the House in recent years because of the 

time-consuming nature of the trial and because the jurisdiction of the House 

cannot extend beyond the end of a Congress. See Anderson v. Dunn, 19 

U.S. 204 (1821). The first exercise of this power in the House occurred in 

1812, when the House proceeded against a newspaper editor who declined 

to identify his source of information that had been disclosed from executive 

session. 3 Hinds § 1666. Such powers had been exercised before the adoption of the Constitution by the Continental Congress as well as by England’s 

House of Lords and House of Commons. Jurney v. MacCracken, 294 U.S. 

125 (1935). Although the use of such powers was supported by the Supreme 

Court in Jurney, neither House has used them since 1935. 

§ 2. Statutory Contempt Procedure 

Generally 

An alternative statutory contempt procedure was enacted in 1857. Under 

this statute the wrongful refusal to comply with a congressional subpoena 

is made punishable by a fine of up to $1,000 and imprisonment for up to 

one year. A committee may vote to seek a contempt citation against a recalcitrant witness. This action is then reported to the House. 2 USC § 192. If 

a resolution to that end is adopted by the House, the matter is referred to 

a U.S. Attorney, who is to seek an indictment. See 2 USC § 194; Manual 

§ 299. 

In the 97th Congress the House adopted such a resolution following the 

failure of an official of the executive branch (EPA Administrator Anne M. 

Gorsuch) to submit executive branch documents to a House subcommittee 

pursuant to a subpoena. This was the first occasion on which the House 

cited a cabinet-level executive branch official for contempt of Congress. 

Manual § 299; H. Rept. 97-968. In the same Congress, Secretary of the Interior James G. Watt was cited for contempt for withholding from a comVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00460 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 17—CONTEMPT § 2 

mittee subpoenaed documents and for failure to answer its questions. The 

contempt citation was reported to the House by the oversight and investigations subcommittee through the full Committee on Energy and Commerce. 

H. Rept. 97-898. An accommodation was reached on the documents, and 

the House took no action on the report. Similarly, in 1998, a committee report recommended the adoption of a resolution finding Attorney General 

Janet Reno in contempt of Congress for failing to produce documents subpoenaed by the Committee. H. Rept. 105-728. The House took no action 

on the report. 

In 1983, a committee report recommended the adoption of a resolution 

finding Rita M. Lavelle (former EPA Assistant Administrator) in contempt 

of Congress for failing to appear in response to a subpoena. H. Rept. 98- 

190. The House then adopted a resolution certifying such refusal to the U.S. 

Attorney. Manual § 299. 

In 2008, the House adopted (by special order of business) a resolution, 

reported by the Committee on the Judiciary, directing the Speaker to certify 

to the United States Attorney the refusal of the White House Chief of Staff 

to produce documents to a committee, and the refusal of former White 

House Counsel to appear and testify and produce documents to a subcommittee, each as directed by subpoena. 110-2, H. Res. 979, Feb. 14, 2008, 

p 2190; Manual § 299. 

Floor Consideration 

A contempt citation must be reported to the House pursuant to formal 

action by the committee. Ex parte Frankfield, 32 F. Supp. 915 (D.D.C. 

1940). A committee report relating to the refusal of a witness to testify is 

privileged for consideration in the House if called up by the chair or other 

authorized member of the reporting committee. Manual § 299. A report relating to the refusal of a witness to produce certain documents as ordered 

is also privileged. Deschler Ch 15 § 20.9. The report is presented and read. 

A resolution may then be offered directing the Speaker to certify the refusal 

to a U.S. Attorney. Id. Such a resolution may be offered from the floor as 

privileged, because the privileges of the House are involved, and a committee report to accompany the resolution may be presented to the House 

without regard to the three-day availability requirement for other reports. 

Clause 4(a)(2)(C) of rule XIII; Manual §§ 299, 850. 

A resolution with two ‘‘resolved’’ clauses separately directing the certification of the contemptuous conduct of two individuals is subject to a demand for a division of the question as to each individual (contempt proceedings against Ralph and Joseph Bernstein, Manual § 299); as is a resolution with one ‘‘resolved’’ clause certifying contemptuous conduct of several 

452 

§ 3 HOUSE PRACTICE

individuals. Manual § 299; cf. Deschler-Brown Ch 30 § 49.1. A contempt 

resolution may be withdrawn as a matter of right before action thereon. 

Manual § 299. 

§ 3. — Duties of the Speaker and U.S. Attorney 

The controlling statute provides that when a witness fails or refuses to 

answer or produce the required documents, and such failure is reported to 

the House—or to the Speaker when the House is not in session—it ‘‘shall 

be the duty’’ of the Speaker to certify the facts to the United States Attorney for presentation to a grand jury. 2 USC § 194. Notwithstanding the language in the statute referring to the ‘‘duty’’ of the Speaker, the court in Wilson v. United States, 369 F.2d 198 (D.C. Cir. 1966) held that the Speaker 

erred in construing the statute to prohibit any inquiry into the matter by him, 

and that his automatic certification of a case to the U.S. Attorney during 

a period of sine die adjournment was invalid. Since the incident that gave 

rise to this decision, no contempt reports have been produced following a 

sine die adjournment, so the authority of the Speaker has not been used. 

§ 4. — Defenses; Pertinence Requirement 

The statute that penalizes the refusal to respond to a congressional subpoena provides that the question must be ‘‘pertinent to the question under 

inquiry.’’ 2 USC § 192. That is, the answers requested must (1) relate to 

a legislative purpose that Congress may constitutionally entertain, and (2) 

fall within the grant of authority actually made by Congress to the committee. Deschler Ch 15 § 6. In a prosecution for contempt of Congress, it 

must be established that the committee or subcommittee was duly authorized 

and that its investigation was within the scope of delegated authority. United 

States v. Seeger, 303 F.2d 478 (2nd Cir. 1962). A clear chain of authority 

from the House to its committee is an essential element. Gojack v. United 

States, 384 U.S. 702 (1966). 

The statutory requirement that a question be pertinent is an essential 

factor in prosecuting the witness for contempt. Pertinence will not be presumed. Bowers v. United States, 202 F.2d 447 (D.C. Cir. 1953). The right 

of a witness to refuse to answer a nonpertinent question is not waived by 

mere lack of assertion. The committee has a burden to explain to the witness 

that a question is pertinent and that despite the witness’s objection, the committee demands an answer. Barenblatt v. United States, 252 F.2d 129 (D.C. 

Cir. 1958), aff’d, 360 U.S. 109 (1959); Davis v. United States, 269 F.2d 

357 (6th Cir. 1959), cert. denied, 361 U.S. 919 (1959). 

453 

CHAPTER 17—CONTEMPT § 5 

In judicial contempt proceedings brought under the statute, constitutional claims and other objections to House investigatory procedures may be 

raised by way of defense. United States v. House of Representatives, 556 

F. Supp. 150 (D.D.C. 1983). The courts must accord a defendant every right 

‘‘guaranteed to defendants in all other criminal cases.’’ Watkins v. United 

States, 354 U.S. 178 (1957). All elements of the offense, including willfulness, must be proven beyond a reasonable doubt. Flaxer v. United States, 

358 U.S. 147 (1958). However, the courts have been extremely reluctant to 

interfere with the statutory scheme by considering cases brought by recalcitrant witnesses seeking declaratory or injunctive relief. See, e.g., Eastland 

v. United States Servicemen’s Fund, 421 U.S. 491 (1975); United States v. 

House of Representatives, 556 F. Supp. 150 (D.D.C. 1983). 

During committee proceedings, where a report to the House is contemplated, a witness’s defense (including objections based on relevance, attorney-client privilege, or executive privilege) may be considered separately 

by the committee or may merge with a vote on reporting to the House. 

To justify withholding subpoenaed information, a witness sometimes 

contends that the President has claimed executive privilege with respect 

thereto or has directed the witness not to disclose the information. However, 

the Supreme Court has rejected the claim that the President has an absolute, 

unreviewable executive privilege. See United States v. Nixon, 418 U.S. 683 

(1974). Moreover, noncompliance with a congressional subpoena by government officials may not be justified on the ground that they were acting 

under the orders of a superior. See United States v. Tobin, 195 F. Supp. 

588 (D.D.C. 1961). 

§ 5. Purging Contempt 

A witness in violation of a House subpoena has been permitted to comply with its terms before the issuance of an indictment. 3 Hinds §§ 1666, 

1686. However, once judicial proceedings to enforce the subpoena have 

been initiated, the defendant cannot be purged of contempt merely by producing the documents or testimony sought. See United States v. Brewster, 

154 F. Supp. 126 (D.D.C. 1957), cert. denied, 358 U.S. 842 (1958). At this 

stage, the House itself must consider and vote on whether to permit a discontinuance. The committee that sought the contempt citation submits a report to the House indicating that substantial compliance on the part of the 

witness has been accomplished; the House then adopts a resolution certifying the facts to the U.S. Attorney to the end that contempt proceedings 

be discontinued. Manual § 299; Deschler Ch 15 § 21. For example, in the 

98th Congress, after EPA Administrator Anne M. Gorsuch had been cited 

454 

§ 5 HOUSE PRACTICE

by a prior Congress for contempt for failure to produce certain documents 

to a House subcommittee, the House adopted a resolution certifying to the 

U.S. Attorney that an agreement giving the committee access to those documents had been reached. Manual § 299. 

Although witnesses cannot purge contempt after judicial proceedings 

have begun, a court may suspend the sentence of witnesses convicted of 

contempt and give them an opportunity to avoid punishment by providing 

the testimony sought. Deschler Ch 15 § 21. 

455 

Chapter 18 

Delegates and Resident Commissioner 

§ 1. In General 

§ 2. In the House 

§ 3. In Committees 

§ 4. In Committee of the Whole 

Research References 

1 Hinds §§ 400-410 

6 Cannon §§ 240-246 

Deschler Ch 7 § 3 

Manual §§ 675, 676 

§ 1. In General 

Generally 

The Delegates and Resident Commissioner are those statutory officials 

who represent in the House the territories and properties owned or administered by the United States but not admitted to statehood. Deschler Ch 7 § 3. 

The Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, 

and the District of Columbia are each represented in the House by a Delegate. Puerto Rico is represented by a Resident Commissioner. Manual § 675. 

§ 2. In the House 

The floor privileges of a Delegate or a Resident Commissioner in the 

House include the right to debate (2 Hinds § 1290), offer motions (2 Hinds 

§ 1291), and raise points of order (6 Cannon § 240). However, such individual cannot vote in the House (Manual § 675) or serve as its presiding 

officer (Manual § 970). A Delegate or a Resident Commissioner may offer 

any motion a Member may offer, including the motion to adjourn, but not 

the motion to reconsider, which is itself dependent on the right to vote. 2 

Hinds § 1292; Deschler-Brown Ch 29 § 23.65. Such individual may file reports for committees (Manual § 675) and may object to the consideration 

of a bill (6 Cannon § 241; Deschler Ch 7 § 3.7). Impeachment proceedings 

have been moved by a Delegate. 2 Hinds § 1303. 

456 

§ 3 HOUSE PRACTICE

§ 3. In Committees 

Under clause 3 of rule III, Delegates and the Resident Commissioner 

are elected to serve on standing committees in the same manner as Members, and possess in such committees the same powers and privileges as the 

other members. Manual § 675. They have the right to vote in committees 

on which they serve. Seniority accrual rights on committees have also been 

extended to the Delegates and Resident Commissioner. Deschler Ch 7 

§ 3.11. They may be appointed by the Speaker to any conference committee. 

The Speaker also has the authority to appoint them to any select committee, 

an appointment that previously required the permission of the House. Manual § 676. 

§ 4. In Committee of the Whole 

Under a rule first adopted in 1993 (but since stricken), when the House 

was sitting in Committee of the Whole, the Delegates and Resident Commissioner had the same right to vote as Members, subject to immediate reconsideration in the House where their votes were collectively decisive in 

the Committee. The Speaker also had authority to appoint a Delegate or 

Resident Commissioner to serve as chair of the Committee of the Whole. 

The constitutionality of that rule was upheld based on the feature of the rule 

providing for immediate reconsideration. Michel v. Anderson, 14 F.3d 6723 

(D.C.Cir. 1994). These provisions were stricken in 1995, reinstated in 2007, 

and stricken again in 2011. Manual § 985. 

457 

Chapter 19 

Discharging Measures From Committees 

§ 1. In General; Alternative Methods 

§ 2. The Discharge Rule; Motions to Discharge 

§ 3. — Application and Use; What Measures May Be Discharged 

§ 4. — Signatures Required 

§ 5. — Privilege and Precedence of Motions 

§ 6. — Calling Up and Debating the Motion 

§ 7. — Consideration of Discharged Measure; Forms 

§ 8. Discharge of Matters Privileged Under the Constitution 

§ 9. Discharge of Resolutions of Disapproval; Statutory Motions 

Research References 

7 Cannon §§ 1007-1023 

Deschler Ch 18 

Manual §§ 892, 1130 

§ 1. In General; Alternative Methods 

There are certain procedures that effectively discharge a committee or 

that may be invoked whenever a committee fails or refuses to report a measure. These methods include: 

0 The motion to discharge a public bill or resolution available under clause 

2 of rule XV after the measure has been pending in committee for more 

than 30 days. Manual § 892; see § 2, infra. 

0 A motion to discharge the Committee on Rules from a resolution proposing 

a special order of business for consideration of certain public bills or resolutions under clause 2 of rule XV after the special order of business 

has been pending before it for seven days. Manual § 892; see § 3, infra. 

0 The motion to suspend the rules available under clause 1 of rule XV pursuant to a vote of two-thirds of the Members. Manual § 885. 

458 

§ 2 HOUSE PRACTICE

Note: The motion to suspend the rules may be applied to 

unreported measures. 8 Cannon § 3421; see generally 

SUSPENSION OF RULES. 

0 The Speaker’s referral under clause 2 of rule XII of a measure pursuant 

to time limits that result in the discharge of the measure from committee 

at the end of the designated time. Manual § 816. 

0 A resolution reported by the Committee on Rules providing for the consideration of an unreported measure; the effect of the resolution, if adopted, 

is to discharge the committee before which the measure is pending. 5 

Hinds § 6771. 

0 A unanimous-consent request agreed to by the House (the procedure does 

not apply in the Committee of the Whole). 4 Hinds § 4697. 

Note: Although a unanimous-consent request is within the 

discretion of the Chair, the Speaker will not entertain 

such a request without the consent of the chair and ranking minority member of the committee considering the 

measure and the majority and minority floor leadership. 

See Manual § 956. 

0 A statutory procedure for discharging certain measures of congressional disapproval or approval. Manual § 1130; 4 Hinds § 4697. 

As to the procedures for discharging a committee from a resolution of 

inquiry, see RESOLUTIONS OF INQUIRY. Discharge of vetoed bills, see § 8, 

infra; discharge pursuant to statute, see § 9, infra. 

§ 2. The Discharge Rule; Motions to Discharge 

Generally 

Under clause 2 of rule XV, a Member may file with the Clerk a motion 

(normally called a discharge petition) to discharge a committee from the 

consideration of a public bill or resolution that was referred to the committee 30 days prior thereto. Manual § 892. The word ‘‘days’’ has been construed to mean legislative days and has been so recodified in clause 2 of 

rule XV. Deschler Ch 18 § 3.1 The period of time specified by the rule does 

not begin to run until the committee is appointed or elected. 7 Cannon 

§ 1019. 

The Clerk makes the petition available at the rostrum for Members to 

sign while the House is in session. Under clause 2 of rule XV, when the 

requisite number of signatures are obtained (a majority of the total membership), the motion is entered on the Journal, printed in the Congressional 

Record, and referred to the Discharge Calendar. Deschler Ch 18 § 1.3. When 

the motion has been on the calendar for seven legislative days, it may be 

called up in the House under the discharge rule on the second or fourth 

Monday of a month. The motion is then debated for 20 minutes and voted 

459 

CHAPTER 19—DISCHARGING MEASURES FROM COMMITTEES § 3 

on. If the motion prevails on a public bill or joint resolution, it is in order 

to proceed to consider the discharged measure pursuant to a motion to that 

effect. See § 6, infra. If the motion prevails on a special order of business, 

the House proceeds to immediate consideration of the rule. See § 7, infra. 

Petitions to discharge committees are filed with the Clerk and are not 

presented from the floor, but Members may give notice of the filing of such 

petitions, either from the floor or by letter. 7 Cannon § 1008. Once the motion has been filed, the Clerk makes the signatories a matter of public record 

on the last day of each week, and they are available for public inspection 

in the Clerk’s office on any day of the business week. Manual § 892. 

Reoffering of Motion 

Under clause 2 of rule XV, when a perfected motion to discharge a 

committee from the consideration of a measure has once been acted on by 

the House, it is not in order to entertain during the same session another 

motion for the discharge of that measure or any other bill or resolution substantially the same as such measure. 

§ 3. — Application and Use; What Measures May Be Discharged 

Public Bills and Resolutions 

A motion to discharge a committee from the consideration of a bill applies to the bill as referred to the committee and not as it may have been 

proposed to be amended in the committee. 7 Cannon § 1015. 

The motion to discharge a bill may not be entertained if the bill against 

which it is directed has been reported from committee before the motion 

is called up in the House. The filing of the motion to discharge does not 

preclude the committee from reporting the measure in question at any time 

before the motion is called up. Manual § 892; Deschler Ch 18 § 1.13. 

Application to Special Orders of Business From the Committee on Rules 

Under the modern practice, the rule is often invoked to discharge the 

Committee on Rules from the consideration of a resolution specified in 

clause 2(b)(1)(B) of rule XV. Such a resolution would enable consideration 

of a reported public bill or public resolution that has been reported by a 

standing committee or has been referred to a standing committee for 30 legislative days under terms therein specified by the sponsor of the resolution 

rather than under the general rules of the House. A petition to discharge the 

Committee on Rules from consideration of a special order of business making in order a balanced budget constitutional amendment received the requisite number of signatures on two occasions. Manual § 892. 

460 

§ 4 HOUSE PRACTICE

The motion applies only to special orders of business that have been 

pending before the Committee on Rules for at least seven legislative days. 

Manual § 892. Moreover, it is not in order to move to discharge the Committee on Rules from the consideration of a resolution not specified in the 

discharge rule. For example, the Committee on Rules may not be discharged 

from the further consideration of a resolution providing merely for the appointment of a committee to investigate. Deschler Ch 18 § 2.6. 

Since the 105th Congress, clause 2(b)(2) of rule XV has required that 

a special order of business subject to a discharge motion address the consideration of only one measure and must not propose to admit or effect a nongermane amendment. 

Timetable 

The discharge of a measure pursuant to clause 2 of rule XV is subject 

to the following timetable: 

0 Expiration of 30 legislative days after the measure is referred to committee 

and the concurrent expiration of seven legislative days after a petition 

is filed against a special order of business referred to the Committee on 

Rules. § 2, supra. 

0 Requisite number of signatures. § 4, infra. 

0 Expiration of seven legislative days, which begins the day the motion is 

referred to the discharge calendar. § 6, infra. 

0 Privilege of motion only on second or fourth Monday of month following 

expiration of seven-day period. § 6, infra. 

§ 4. — Signatures Required 

The requirement that a discharge motion be signed by a majority of the 

Members has been interpreted to mean that the motion requires the signatures of a majority of the entire membership, or 218 Members. Deschler Ch 

18 § 1.2. Non-voting Delegates may not sign a discharge petition, even by 

unanimous consent. 108-1, Oct. 1, 2003, p 23853. This numerical requirement is in contrast to the vote needed for actual passage of legislation under 

ordinary conditions, which requires only a majority of those present and voting, a quorum being present. See VOTING. However, a hard majority is necessary for a discharge motion because the death or resignation of a signatory 

of the motion does not invalidate such individual’s signature. Deschler Ch 

18 § 1.5. To enable a Member elected in a special election to sign a petition, 

the signature of the predecessor must be removed by the successor. Manual 

§ 892; Deschler Ch 18 § 1.4. 

461 

CHAPTER 19—DISCHARGING MEASURES FROM COMMITTEES § 6 

Clause 2 of rule XV requires the preparation of daily cumulative lists 

of the names of those signing the petition. Such lists must be made available 

for public inspection. 

Additional signatures are not admitted after the requisite number have 

been affixed. Deschler Ch 18 § 1.4. Under clause 2 of rule XV, a signature 

may be withdrawn by a Member in writing at any time before the petition 

is signed by the requisite number and entered on the Journal. The signing 

of discharge motions by proxy is not permitted. 7 Cannon § 1014. 

§ 5. — Privilege and Precedence of Motions 

A motion to discharge a committee, when called up pursuant to the provisions of the discharge rule, is privileged; and the Speaker may decline to 

recognize for a matter not related to the proceedings. 7 Cannon § 1010. Such 

motions take precedence over business merely privileged under the general 

rules of the House. 7 Cannon § 1011. The motion takes precedence over motions to resolve into Committee of the Whole (7 Cannon §§ 1016, 1017), 

over unfinished business (Deschler Ch 18 § 3.4), and over motions to suspend the rules (7 Cannon § 1018). However, prior to the consideration of 

a motion to discharge, the Speaker has the discretion to recognize Members 

for one-minute speeches by unanimous consent. Deschler Ch 18 § 3.8. 

§ 6. — Calling Up and Debating the Motion 

Generally 

Under clause 2 of rule XV, a motion to discharge that has been on the 

Discharge Calendar at least seven days may be called up for consideration 

on the second and fourth Mondays of each month except during the last six 

days of a session. The consideration of such a motion may be made in order 

on a day other than the specified Mondays by unanimous consent. Deschler 

Ch 18 § 3.5. The House may dispense with a motion to discharge by unanimous consent and agree to consider the underlying matter on a date certain 

under the same terms as if discharged by motion. Manual § 892. 

To call up the motion, a Member must qualify as having signed the discharge petition. Deschler Ch 18 § 3.6. 

Intervening Motions 

Clause 2 of rule XV does not permit intervening motions except for one 

motion to adjourn. Accordingly, it has been held that when a motion to discharge a committee is called up, it is not in order to move to table the motion or to move to postpone consideration thereof to a day certain. Deschler 

462 

§ 7 HOUSE PRACTICE

Ch 18 §§ 3.14, 3.15; see also 96-1, July 24, 1979, p 20358; 103-2, Mar. 

11, 1994, p 4772. 

Debate on Motion 

Debate on the motion to discharge is limited to 20 minutes—10 minutes 

under the control of the proponent and 10 minutes under the control of a 

Member recognized in opposition. Manual § 892. The Speaker has denied 

recognition for requests to extend the time. 7 Cannon § 1010. 

The 20-minute period for debate is divided according to position on the 

pending matter and not according to membership in a particular political 

party. 7 Cannon § 1010. The proponents of a motion to discharge are entitled to open and close debate on the motion. 7 Cannon § 1010a; Deschler 

Ch 18 § 3.13. The chair of the committee being discharged, if opposed, is 

ordinarily recognized to control the 10 minutes in opposition. Deschler Ch 

18 § 3.10. 

A Member recognized to control half of the debate on the motion may 

yield part of that time to another Member, but that Member may not yield 

part of that time to a third Member. Deschler Ch 18 §§ 3.11, 3.12. 

§ 7. — Consideration of Discharged Measure; Forms 

Motion to Consider the Discharged Measure 

Under clause 2 of rule XV, following agreement to a motion to discharge a measure pending before a committee, it is in order for any Member 

who signed the motion to move to proceed to the immediate consideration 

of that measure. Deschler Ch 18 § 4.3. The motion to consider the measure 

is privileged and is decided without debate. Deschler Ch 18 § 4.3. If the motion for immediate consideration is adopted, the legislation is taken up under 

the general rules of the House. Deschler Ch 18 §§ 4.4, 4.6. Otherwise, the 

discharged measure is referred to its proper calendar. Deschler Ch 18 § 4.7. 

Under the modern practice of the House, many discharge motions propose to discharge the Committee on Rules from further consideration of a 

resolution pending before that committee. Under clause 2 of rule XV, if that 

motion is adopted, the House immediately considers the resolution. During 

such consideration, the Speaker may not entertain any dilatory or other intervening motion except one motion to adjourn. Deschler Ch 18 § 4. Amendments to the resolution are not in order, unless the previous question is not 

ordered. Manual § 892. If the discharged resolution is adopted, the House 

then considers the discharged measure under the terms of the resolution. 

463 

CHAPTER 19—DISCHARGING MEASURES FROM COMMITTEES § 7 

Motions to Expedite Consideration; Debate 

A bill having been discharged pursuant to the rule, its proponents are 

entitled to recognition for allowable motions to expedite consideration of the 

discharged measure. 7 Cannon § 1012. Measures requiring consideration in 

Committee of the Whole are taken up therein. 7 Cannon § 1021; Deschler 

Ch 18 § 4.4. Where the discharged measure does not require consideration 

in Committee of the Whole, the Member who offered the motion for its immediate consideration is recognized in the House under the hour rule. Manual § 892. For example, when a joint resolution proposing an amendment 

to the Constitution was considered in the House pursuant to a motion to discharge, the proponent of the joint resolution was recognized to control one 

hour of debate. Deschler Ch 18 § 4.6. However, a special order of business 

discharged from the Committee on Rules under this procedure normally 

specifies the procedures under which the underlying bill is to be considered. 

Under clause 2 of rule XV, the bill to which the discharge motion applies is read by title only and may not be read in its entirety. 7 Cannon 

§ 1019a. 

The point of order provided by clause 4 of rule XXI—interdicting provisions containing appropriations not reported by the Committee on Appropriations—does not apply to an appropriation in a bill that has been the object of a successful motion to discharge. Manual § 892; 7 Cannon § 1019a. 

Form 

MEMBER: Ml. Speaker, pursuant to clause 2 of rule XV, I call up the 

petition to discharge the Committee on lllll from the further consideration of the bill, H.R. lllll. 

Or 

Ml. Speaker, pursuant to clause 2 of rule XV, I call up the petition 

to discharge the Committee on Rules from the further consideration of the 

resolution, H. Res. lllll, providing for consideration of the bill, 

H.R. lllll. 

SPEAKER: Did the gentlelll sign the petition? 

MEMBER: I did, Ml. Speaker. 

SPEAKER: The gentlelll from lllll calls up a motion to discharge the Committee on lllll from the further consideration of 

the bill [resolution], which the Clerk will report by title. 

SPEAKER: The gentlelll from lllll will control ten minutes 

in favor of the motion, and the gentlelll from lllll will control ten minutes in opposition. The gentlelll from lllll [proponent of the motion] is recognized. 

SPEAKER: The time of the gentlelll has expired. All time has expired. The question is on the motion to discharge the Committee on 

lllll from further consideration of the bill (or resolution). As 

464 

§ 8 HOUSE PRACTICE

many as favor the motion will say ‘‘Aye.’’ As many as are opposed say 

‘‘No.’’ 

SPEAKER: The ayes have it and the motion is agreed to. The committee 

is discharged. 

§ 8. Discharge of Matters Privileged Under the Constitution 

Certain matters arising under the Constitution are privileged for consideration at any time and may therefore be discharged at any time irrespective 

of the requirements for petitions under the discharge rule, subject to a twoday notice and scheduling requirement under rule IX. Examples include 

propositions to discipline a Member and impeachment resolutions. Deschler 

Ch 18 § 5. Similarly, a motion to discharge a committee from the further 

consideration of a vetoed bill that has been returned to the House and referred back to committee by the House presents a privileged question and 

is in order at any time. Deschler Ch 18 § 5.1. It is likewise in order to move 

to discharge a proposition involving a contested election. See discussion in 

8 Cannon § 2316; see generally QUESTIONS OF PRIVILEGE. 

Although a motion to discharge a committee from the consideration of 

a vetoed bill is privileged and debatable, that motion is subject to the motion 

to lay on the table but remains renewable on a subsequent day. Manual 

§ 108; 4 Hinds § 3532; Deschler Ch 18 § 5.1. 

§ 9. Discharge of Resolutions of Disapproval; Statutory Motions 

Congressional actions approving or disapproving certain executive 

branch decisions are sometimes made subject, by statute, to automatic discharge or to a motion to discharge after the lapse of a certain period of time. 

For various examples, see Manual § 1130. 

465 

Chapter 20 

District of Columbia Business 

§ 1. In General; Constitutional Background 

§ 2. Jurisdiction; When District Business is in Order 

§ 3. Privilege; Precedence 

§ 4. Consideration; Forms 

§ 5. — Debate 

§ 6. Disposition of Unfinished Business 

§ 7. Procedure Under Home Rule Act 

Research References 

U.S. Const. art. I, § 8 

4 Hinds §§ 3304-3311 

7 Cannon §§ 872-880 

Deschler Ch 21 § 5 

Manual §§ 135, 894, 1130(5) 

§ 1. In General; Constitutional Background 

Generally 

Under the Constitution, the Congress is empowered to ‘‘exercise exclusive Legislation in all Cases whatsoever, over [the District of Columbia].’’ 

U.S. Const. art. I, § 8. Although the Constitution gives ‘‘exclusive’’ jurisdiction to the Congress over such legislation, the Congress is not precluded 

from delegating its powers over the District to a local government. The Supreme Court has indicated that the ‘‘exclusive’’ jurisdiction granted was 

meant to exclude any question of power by adjoining States over the area 

and was not intended to prevent an appropriate delegation of legislative authority to the District. District of Columbia v. John R. Thompson Company, 

346 U.S. 100 (1946); see also Stoutengurgh v. Hennick, 129 U.S. 141 

(1889). 

Home Rule 

Pursuant to its authority under this constitutional provision, Congress 

provided in 1970 for the people of the District to be represented in the 

House by a Delegate and for a commission to report to the Congress on 

the organization of the government of the District. 2 USC § 25a. In 1973, 

the District of Columbia Self-Government and Governmental Reorganization 

466 

§ 2 HOUSE PRACTICE

Act, also known as the District of Columbia Home Rule Act, was enacted. 

Pub. L. 93-198, 87 Stat. 774 (1973). It reorganized the governmental structure of the District, provided for a charter for local government, delegated 

certain legislative powers to the District, and implemented certain recommendations of the commission. That Act sets forth a procedure for congressional approval or disapproval of certain actions by the District of Columbia Council. Manual § 1130(5). 

District of Columbia Appropriations 

Section 446 of the District of Columbia Home Rule Act reserved to 

Congress the authority to appropriate all Federal and local funds for the District. As a result, general matters relating to the District of Columbia are 

most frequently considered in the context of the annual general appropriation bill that provides funding for the District, albeit often in the form of 

legislation in violation of clause 2 of rule XXI. 

§ 2. Jurisdiction; When District Business is in Order 

All measures relating to the municipal affairs of the District, with the 

exception of appropriation bills, fall within the jurisdiction of the Committee 

on Oversight and Government Reform. Clause 1(n) of rule X. 

Clause 4 of rule XV sets apart the second and fourth Mondays in each 

month for the consideration of District business, if claimed by the committee, to be considered after the disposition of motions to discharge and 

referral business on the Speaker’s table. District of Columbia business is in 

order on one of the designated Mondays after other more privileged business, such as a motion to suspend the rules, and the fact that the House 

has considered some District business before such a motion does not affect 

the eligibility of further such business after suspensions have been completed. Manual § 894. 

District Day may be transferred to another day not specified in the controlling rule either by unanimous consent or by adoption of a special order 

of business from the Committee on Rules. Deschler Ch 21 § 5.12. 

§ 3. Privilege; Precedence 

The consideration of District business on the specified days is of qualified privilege only. Deschler Ch 21 § 5. District business yields to: 

0 Questions of the privileges of the House. Deschler Ch 21 § 5.3. 

0 Referral business on the Speaker’s table. Manual § 894; Deschler Ch 21 

§ 5. 

0 Conference reports. 8 Cannon § 3292; Deschler Ch 21 § 5. 

467 

CHAPTER 20—DISTRICT OF COLUMBIA BUSINESS § 4 

0 A privileged resolution on the order of business from the Committee on 

Rules. Deschler Ch 21 § 5.4. 

0 Motions to suspend the rules (within the discretion of the Speaker). Deschler Ch 21 § 5.1. 

0 Motions to discharge. Manual § 894; 7 Cannon § 872. 

0 Motions to resolve into the Committee of the Whole for the consideration 

of appropriation bills. 6 Cannon §§ 716-718; 7 Cannon § 876; Deschler 

Ch 21 § 5. 

On a District Day a motion to go into the Committee of the Whole to 

consider District business and a motion to go into the Committee to consider 

business generally privileged under a special order of business are of equal 

privilege, and recognition to move either is within the discretion of the 

Chair. 7 Cannon § 877. 

§ 4. Consideration; Forms 

Procedure 

Business reported by committee relating to the District of Columbia is 

normally taken up for consideration in the House as in the Committee of 

the Whole. Deschler Ch 21 § 5.7. If such business is on the Union Calendar, 

it also may be considered in Committee of the Whole by motion (Deschler 

Ch 21 § 5.9), by unanimous consent (Deschler Ch 21 § 5.7), or by a special 

order of business (Deschler Ch 21 § 5.15). 

The question of consideration may not be raised against District business generally, but may be raised against a particular bill when presented. 

4 Hinds §§ 3308, 3309. 

When reported, private bills relating to the District of Columbia may 

be called up for consideration on a District Monday. 4 Hinds § 3310; 7 Cannon § 873; Deschler Ch 21 § 5.10. 

Form 

Union Calendar Bills 

MEMBER IN CHARGE: Ml. 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 District of Columbia business on the Calendar. 

Note: The motion to go into the Committee of the Whole 

is not debatable, is not subject to amendment, and may 

not be laid on the table or indefinitely postponed. See 

COMMITTEES OF THE WHOLE. 

Pending that, I ask unanimous consent that general debate be limited 

to lllll hours, equally divided and controlled by myself and the 

gentlelll from lllll. 

468 

§ 5 HOUSE PRACTICE

Note: General debate in the Committee of the Whole may 

be limited and divided in the House by unanimous consent, but a motion to limit such debate is not in order 

until after general debate has begun and the Committee 

rises. See CONSIDERATION AND DEBATE. 

In the House as in the Committee of the Whole 

SPEAKER: This is District of Columbia day. The Chair recognizes the 

gentlelll from lllll, chair of the Committee on Oversight and 

Government Reform. 

MEMBER: Ml. Speaker, by direction of the Committee on Oversight 

and Government Reform, I call up the bill (H.R.lllll) to 

lllllllllll. 

SPEAKER: The Clerk will report the title of the bill. 

MEMBER (after the reading): I ask unanimous consent that the bill be 

considered in the House as in the Committee of the Whole. 

§ 5. — Debate 

Members of the committee with jurisdiction over District of Columbia 

business have precedence in recognition for debate during consideration of 

District business. 7 Cannon § 875. General debate in the Committee of the 

Whole is under the hour rule unless otherwise provided by the House or 

the Committee. 7 Cannon § 874; Deschler Ch 21 § 5.7 (note). Such debate 

properly alternates between those favoring and those opposing the pending 

proposition. Debate is general debate and is not confined to the bill under 

consideration. 7 Cannon § 875. Where the bill is considered in the House 

as in the Committee of the Whole, as is usually the case by unanimous consent, there is no general debate. The bill is considered as read, and debate 

and amendments proceed immediately under the five-minute rule. See COMMITTEES OF THE WHOLE. 

§ 6. Disposition of Unfinished Business 

District business that is unfinished on a day assigned to the committee 

with jurisdiction normally goes over to the next eligible day for that committee. 4 Hinds § 3306. Accordingly, unless the previous question has been 

ordered, unfinished business on District Day does not come again before the 

House until the next District Day (Deschler Ch 21 § 5.13), at which time 

it must be affirmatively called up by the Member in charge (Deschler Ch 

21 § 5.14). Unfinished business on one District Day does not come up on 

the next District Day unless called up by the committee. Manual § 894; 4 

Hinds § 3307; 7 Cannon §§ 879, 880. 

469 

CHAPTER 20—DISTRICT OF COLUMBIA BUSINESS § 7 

§ 7. Procedure Under Home Rule Act 

Under the District of Columbia Home Rule Act, the Congress retains 

control over amendments to the District of Columbia Charter. An amendment to the District of Columbia Charter is deemed repealed if within 35 

days a joint resolution disapproving such amendment is enacted. Likewise, 

the enactments of the District of Columbia Council, with certain exceptions, 

are deemed repealed if the Congress within a specified period enacts a joint 

resolution of disapproval thereof. In the House, such resolutions are referred 

to the Committee on Oversight and Government Reform. A privileged motion to discharge that committee is authorized under certain circumstances 

where matters affecting the District of Columbia Criminal Code are involved. The motion is debatable under the hour rule. The motion is privileged if made after the 20-day period specified by the Home Rule Act. District of Columbia Home Rule Act, §§ 303, 602, 604; Manual § 1130(5). 

The present Home Rule Act requires that congressional disapproval be 

expressed in a joint resolution (a concurrent resolution was formerly permitted). Manual § 1130(5). For a discussion of the validity and constitutionality of resolutions of disapproval, see CONGRESSIONAL PROCEDURES

ENACTED IN LAW. 

Disapproval resolutions are considered in the House unless the enactment in question affects the U.S. Treasury, in which case they are considered in the Committee of the Whole. Manual § 1130(5). 

When the committee has reported the resolution, or has been discharged 

from its consideration, it is in order to move to consider the resolution. This 

motion is highly privileged and is not debatable or amendable. Debate on 

the resolution is limited to not more than 10 hours, to be equally divided. 

Motions to further limit debate are permitted but are themselves not debatable. The resolution is not subject to amendment or recommittal. Motions 

to postpone or to proceed to the consideration of other business are not debatable. Manual § 1130(5). 

471 

Chapter 21 

Division of the Question for Voting 

A. GENERALLY

§ 1. In General; Form 

§ 2. Tests of Divisibility 

§ 3. Demanding a Division 

B. DIVISION OF PARTICULAR PROPOSITIONS

§ 4. In General 

§ 5. Simple or Concurrent Resolutions 

§ 6. — Resolutions Naming Two or More Individuals 

§ 7. — Special Orders of Business 

§ 8. Amendments 

§ 9. — En Bloc Amendments 

§ 10. Motions to Strike 

§ 11. Motions to Strike and Insert 

§ 12. Motions to Suspend the Rules 

§ 13. Motions to Recommit; Motions to Instruct Conferees 

§ 14. Motions to Table 

§ 15. Senate Amendments 

C. CONSIDERATION OF DIVIDED PROPOSITIONS

§ 16. In General 

Research References 

5 Hinds §§ 6106-6162 

8 Cannon §§ 3163-3176 

Deschler-Brown Ch 30 §§ 42-52 

Manual §§ 480-482, 919-921 

472 

§ 1 HOUSE PRACTICE

A. Generally 

§ 1. In General; Form 

Under clause 5 of rule XVI, a question that consists of two or more 

separable substantive propositions is subject to a division of the question, 

if demanded, so as to obtain a separate vote on each proposition. DeschlerBrown Ch 30 § 42. The procedure is applicable in the Committee of the 

Whole as well as in the House. See, e.g., Deschler-Brown Ch 29 § 42.12. 

The rule prohibits its application to special orders of business from the 

Committee on Rules, to propositions electing Members to standing or joint 

committees, and to a motion to strike and insert. Manual § 919. The entire 

rule may be suspended by the adoption of a resolution from the Committee 

on Rules. 7 Cannon § 775. 

§ 2. Tests of Divisibility 

To be divided for a vote, a question must consist of at least two separate and distinct propositions both grammatically and substantively, so that 

if one proposition is rejected, a separate proposition logically will remain. 

Manual § 921; 8 Cannon § 3165; Deschler-Brown Ch 30 §§ 42.1, 42.3. In 

passing on a demand for division, the Chair considers only the severability 

of the propositions and not the merits of the question presented. 5 Hinds 

§ 6122. 

The requirement that there must be at least two substantive propositions 

in order to justify division is strictly enforced. 5 Hinds §§ 6108-6113. If either proposition, standing alone, is not a distinct substantive proposition, the 

question is not divisible, even though each portion is grammatically complete. 7 Cannon §§ 3165, 3167. However, in dividing a question into separate propositions, some restructuring of the language used is permissible. 

Manual § 921; 5 Hinds §§ 6114-6118. 

§ 3. Demanding a Division 

A request for a division of the question does not require unanimous 

consent, and no motion is made. Deschler-Brown Ch 30 § 42.4. The Member seeking a division rises and addresses the Chair: 

MEMBER: Ml. Speaker, I demand a division of the question. 

SPEAKER: The gentlelll will indicate the proposition(s) on which 

a separate vote is desired. . . . 

SPEAKER: The gentlelll requests a division, and that portion of the 

proposition will be divided for a separate vote. 

[Or] 

473 

CHAPTER 21—DIVISION OF THE QUESTION FOR VOTING § 4 

OPPONENT: Ml. Speaker, I make the point of order that the question 

is not susceptible of division, and that the portions indicated by the 

gentlelll do not constitute separate substantive propositions. 

A demand for a division of a question is in order even after the previous question has been ordered. 5 Hinds §§ 5468, 6149; 8 Cannon § 3173. 

Under clause 5 of rule XVI, the demand for a division is in order before 

the question is put to the House for a vote. Deschler-Brown Ch 30 § 42.4. 

The question may not be divided after it has been put or after the yeas and 

nays have been ordered. 5 Hinds §§ 6160-6162. The demand is likewise untimely if the question is one against which a point of order has been raised 

and is pending. 8 Cannon § 3432. 

A demand for a division of the question may be withdrawn. However, 

withdrawal is permitted only by unanimous consent once the Chair has put 

the question on the first portion to be voted on. Manual § 921; DeschlerBrown Ch 30 § 42.11. A demand having been made by one Member, another Member may demand a further division, if the proposition is susceptible to such further division. 111-2, May 28, 2010, p ll. 

B. Division of Particular Propositions 

§ 4. In General 

Generally; Distinction Between Bills and Resolutions 

Whether a division of the question may be demanded depends on the 

nature of the pending matter and on whether it meets the tests of divisibility 

imposed by rule XVI. § 2, supra. Certain House resolutions—whether simple 

or concurrent—are subject to the demand. § 5, infra. However, bills and 

joint resolutions are not divisible. A separate vote may not be demanded on 

various provisions set forth in such a measure or on its preamble. 5 Hinds 

§§ 6144-6147; 8 Cannon § 3172. When the previous question has been ordered on adoption of a measure containing a series of simple resolutions, 

they may be divided. 5 Hinds § 6149. 

The question of engrossment and third reading of a bill under clause 

8 of rule XVI is not subject to a demand for a division of the question. 

Manual § 943. Certain amendments, such as a compound motion to strike 

(§ 10, infra), may be divided. However, most other motions are not divisible. 

A motion for the previous question on a proposition and an amendment 

thereto is not divisible. Manual § 996; Deschler-Brown Ch 30 § 46.1. Division of the question is possible on a motion that a Member-elect’s credenVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00483 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
474 

§ 5 HOUSE PRACTICE

tials be referred to committee and that such individual be sworn. 5 Hinds 

§ 6117. 

Appeals 

There may be a division of the question on an appeal from a decision 

of the Speaker if the decision involves two or more separate and distinct 

questions. 5 Hinds § 6157. 

§ 5. Simple or Concurrent Resolutions 

A simple or concurrent resolution may be subject to a demand for a 

division of the question if it satisfies the test of divisibility imposed by rule 

XVI. § 2, supra. Thus, a concurrent resolution on the budget is subject to 

a demand for a division of the question if the resolution grammatically and 

substantively relates to different fiscal years or includes a separate, hortatory 

section having its own grammatical and substantive meaning. Manual § 921; 

Deschler-Brown Ch 30 § 42.5. An impeachment resolution has been divided 

for a separate vote on each article. Manual § 921; 6 Cannon § 545. 

To be subject to a demand for a division of the question, a resolution 

must present two or more separate and distinct substantive propositions. It 

has been held that a resolution (1) censuring a Member and (2) adopting 

the committee report recommending such censure on the basis of the committee’s findings is not divisible because these questions are substantively 

equivalent. Deschler-Brown Ch 30 § 42.2. An adjournment resolution that 

also authorizes the receipt of veto messages from the President during the 

adjournment is not subject to a division of the question, as the receipt authority would be nonsensical standing alone. Manual § 921. 

It is not in order to demand a division of the question on matters that 

are merely incorporated by reference in the pending resolution. For example, 

when a resolution to adopt a series of rules, referred to but not made a part 

of the resolution, is before the House, it is not in order to demand a separate 

vote on each rule. 5 Hinds § 6159. 

§ 6. — Resolutions Naming Two or More Individuals 

Under clause 5 of rule XVI, a resolution electing Members to standing 

or joint committees is not divisible. However, other types of resolutions relating to two or more named individuals may be divided for the purpose 

of voting. Deschler-Brown Ch 30 § 49. For example, a resolution confirming 

the nomination of certain individuals to executive branch offices is subject 

to a division of the question so as to obtain a separate vote on each nominee. Deschler-Brown Ch 30 § 49.2. A resolution with two resolve clauses 

475 

CHAPTER 21—DIVISION OF THE QUESTION FOR VOTING § 8 

separately certifying the contemptuous conduct of two individuals is divisible. Manual § 921. Similarly, a resolution with one resolve clause certifying 

contemptuous conduct of several individuals may be divisible. Manual 

§ 299; but see Deschler-Brown Ch 30 § 49.1. 

A resolution relating to two or more named individuals may be divided 

even though that may require a grammatical reconstruction of the text. 5 

Hinds § 6121. A word that is a mere formality, such as ‘‘resolved,’’ is 

sometimes supplied by interpretation of the Chair. 5 Hinds §§ 6114-6118. 

§ 7. — Special Orders of Business 

Under clause 5 of rule XVI, resolutions reported from the Committee 

on Rules providing a special order of business are not divisible. However, 

other types of special orders of business from that committee are subject 

to a demand for a division where the resolution contains separate and distinct substantive propositions. For example, a resolution reported from that 

committee establishing two or more select committees is subject to a demand for a division of the question. Manual § 921. 

§ 8. Amendments 

Generally 

Clause 5 of rule XVI permits a division of the question on an amendment on the demand of any Member where the amendment is properly divisible into two or more substantive propositions. A division is in order on 

an amendment if the amendment contains propositions so distinct in substance that, one being taken away, a substantive proposition remains. Manual § 921; Deschler-Brown Ch 30 § 42.13. Thus, an amendment offered to 

an appropriation bill providing that no part of the appropriation may be paid 

to named individuals may be divided for a separate vote on each name. 

Deschler-Brown Ch 30 § 49.4. An amendment in the form of a motion to 

strike and insert is not divisible. See § 11, infra. 

Amendments in Committee of the Whole 

The rule permitting a division of the question is applicable to an 

amendment (other than a motion to strike and insert) consisting of two or 

more substantive propositions under consideration in the Committee of the 

Whole. Deschler-Brown Ch 30 § 43. A request for a division of the question 

on such an amendment may be made at any time before the Chair puts the 

question thereon. 5 Hinds § 6162. An amendment reported to the House 

from the Committee of the Whole as a discrete amendment is not subject 

476 

§ 9 HOUSE PRACTICE

to a division of the question in the House. 4 Hinds §§ 4883-4892; see generally COMMITTEES OF THE WHOLE. 

Perfecting Amendments; Substitute Amendments 

An amendment adding language to the pending text is divisible if the 

language to be added contains two or more distinct propositions. 5 Hinds 

§§ 6129, 6133. However, an amendment in the nature of a substitute is not 

subject to a demand for a division of the question. 5 Hinds § 6127; 8 Cannon § 3168. The division of a motion to strike and insert is precluded by 

House rule. § 11, infra. 

A division of the question may be demanded on an amendment either 

before amendments are adopted thereto, or on the amendment as amended 

(assuming that perfecting amendments or an adopted substitute do not destroy the divisibility of the amendment as amended). Manual § 921. 

A negative vote on a motion to strike a portion of a pending amendment does not prevent a demand for a division of that portion of the amendment if it is a separate proposition and therefore properly severable. Deschler-Brown Ch 30 § 43.1. 

§ 9. — En Bloc Amendments 

Consideration of several amendments en bloc by unanimous consent or 

otherwise does not prevent a division of the question from being demanded 

so as to obtain a separate vote on one of the amendments. Deschler-Brown 

Ch 30 §§ 43.4-43.6. In fact, a Member may be permitted to offer several 

amendments en bloc and then demand a division of the question for a separate vote on each one. Deschler-Brown Ch 30 § 43.4. However, amendments 

en bloc proposing only to transfer appropriations among objects in a general 

appropriation bill (without increasing the levels of budget authority or outlays in the bill), when considered en bloc pursuant to clause 2(f) of rule 

XXI, are not subject to a demand for division of the question in the House 

or in the Committee of the Whole. 

§ 10. Motions to Strike 

A motion to strike various separate provisions of a pending proposition 

may be divided for purposes of voting. 8 Cannon § 3166. Thus, an amendment proposing to strike two or more sections of a pending amendment may 

be divided in order to obtain separate votes on the proposal to strike each 

section. Manual § 921. However, an amendment proposing to strike a provision in a bill—and to redesignate subsequent paragraphs accordingly—is not 

subject to a demand for a division because it contains only one substantive 

477 

CHAPTER 21—DIVISION OF THE QUESTION FOR VOTING § 13 

proposition. 93-2, Dec. 10, 1974, p 38746. A motion to strike is not grammatically divisible. However, where there is pending a motion to strike a 

pending provision, a perfecting amendment to the underlying text may be 

offered to strike a lesser portion of the provision; and the perfecting amendment is voted on first. Deschler Ch 27 §§ 17.26, 24.13. 

§ 11. Motions to Strike and Insert 

Although a motion to insert may be divisible (§ 8, supra), the division 

of a motion to strike and insert is precluded by clause 5(c) of rule XVI. 

Manual § 920. The indivisibility of a motion to strike and insert under 

clause 5(c) operates not only between each branch of the motion (i.e. the 

striking branch and the inserting branch) but also within each branch. 8 Cannon § 3169; see also 5 Hinds § 6124. An amendment comprising two discrete instructions to strike and insert may be divided. Manual § 921. 105- 

2, June 4, 1998, pp 11063, 11064, 11071-75. 

A simple motion to strike may not be offered as a substitute for a motion to strike certain words and insert others, as that would have the effect 

of dividing the motion to strike and insert. Manual § 920. 

§ 12. Motions to Suspend the Rules 

A question being considered pursuant to a motion to suspend the rules 

may not be divided for a vote. 5 Hinds §§ 6141-6143; 8 Cannon § 3171. 

Although a proposition may be subject to a division of the question under 

rule XVI, it cannot be divided if rule XVI is suspended. 5 Hinds § 6143; 

see generally SUSPENSION OF RULES. 

§ 13. Motions to Recommit; Motions to Instruct Conferees 

A motion to recommit with instructions is not subject to a demand for 

a division of the question. It is not in order to demand a separate vote even 

where the motion includes separate branches of instructions to the reporting 

committee. Manual § 921; 5 Hinds §§ 6134-6137; 8 Cannon § 3170. However, an amendment reported forthwith pursuant to instructions contained in 

a successful motion to recommit may be divided on the question of its adoption if composed of substantively and grammatically distinct propositions. 

Manual § 921. 

Instructions in a motion to recommit a conference report may not be 

divided. Deschler-Brown Ch 30 § 45.2. Likewise, an initial motion to instruct conferees may not be divided, as only one such motion is permitted. 

8 Cannon § 3236. However, a division has been permitted on a motion to 

instruct under clause 7(c) of rule XXII (which permits multiple motions to 

478 

§ 14 HOUSE PRACTICE

instruct after the conferees have failed to report for 20 calendar days and 

10 legislative days), provided separate substantive propositions are presented. Manual § 921. 

§ 14. Motions to Table 

Because a motion to lay on the table is a summary motion, its only 

purpose being to defeat the pending proposition, it has been held that the 

motion to table is not subject to a demand for a division of the question. 

5 Hinds § 6140. A division of the question is not in order even if the motion 

is applicable to two or more separate and distinct propositions, such as a 

series of resolutions. 5 Hinds § 6138. A motion to table a resolution and 

pending amendments is likewise indivisible. 5 Hinds §§ 6139, 6140. 

§ 15. Senate Amendments 

Generally; Motions to Concur 

On the question of agreeing or disagreeing to a Senate amendment, it 

is not in order to demand a division so as to vote separately on different 

portions of the amendment. 5 Hinds §§ 6151, 6156. The amendment must 

be voted on as a whole. 8 Cannon § 3175. However, when two or more Senate amendments are considered en bloc in the House, a separate vote may 

be had on each amendment. 8 Cannon §§ 2383, 2400, 3191. A special order 

of business may create a division of the question on concurring in a Senate 

amendment. See SPECIAL ORDERS OF BUSINESS. After the stage of disagreement, clause 10 of rule XXII permits separate votes on rejecting nongermane portions of Senate amendments. See GERMANENESS OF AMENDMENTS. 

Motions to Concur with an Amendment 

A House amendment proposed in a motion to concur in a Senate 

amendment with an amendment is divisible if the proposed House amendment is in divisible form. Manual § 921. However, such a motion may not 

be divided between concurring and amending. 8 Cannon § 3176. 

A proposed House amendment to a Senate amendment is not divisible 

if the House amendment is in the form of a motion to strike and insert, as 

such motions are specifically indivisible under House rule. Deschler-Brown 

Ch 30 § 48; § 11, supra. 

Motions to Recede and Concur 

A division may be demanded on a motion to recede from disagreement 

and concur in a Senate amendment. 5 Hinds § 6209; 8 Cannon §§ 3197- 

479 

CHAPTER 21—DIVISION OF THE QUESTION FOR VOTING § 16 

3199. The question having been divided and the House having receded, a 

motion to amend takes precedence over the motion to concur (5 Hinds 

§§ 6209-6211; 8 Cannon § 3198), even after the previous question has been 

ordered on both motions (Manual § 525). 

C. Consideration of Divided Propositions 

§ 16. In General 

Amendment and Debate; Putting the Question 

Where a division of the question has been demanded on separable portions of a proposition subject to amendment, amendments to the separable 

portions remain in order. However, once the Chair has put the question on 

the first portion, no further amendments to that portion are in order. 94-2, 

Sept. 9, 1976, p 29538-40. After a vote has been taken on the first portion, 

the second is open to debate and amendment unless the previous question 

is ordered. Manual § 921. 

Where a division of the question is demanded on a separable portion 

of an amendment, the Chair puts the question first on the remaining portion 

of the amendment, and that portion on which a division is demanded may 

remain open for further debate and amendment. Manual § 482. If a division 

of the question is demanded on more than one portion of an amendment, 

the Chair may put the question first on the unaffected portions of the 

amendment (if any), then (after further debate) on the first part on which 

a division is requested, and then (after further debate) on the subsequent divisible portions. Manual § 921. Where neither portion of a divided question 

remains open to further debate or amendment, the question may be put first 

on the portion identified by the demand for division and then on the remainder. Manual § 921. 

Where the question on adopting an amendment is divided by special 

order of business (rather than on demand from the floor), the Chair may 

put the question on each divided portion of the amendment in the order in 

which it appears. Manual § 921. 

Voting 

A question having been divided for a vote, the vote may be taken by 

one of the voting methods authorized by the House rules, such as voice 

vote, division vote, or record vote. See VOTING. The motion to reconsider 

applies separately to each portion of the divided question and continues to 

be available even after disposition of a motion to reconsider only one portion of the divided question. However, frequently the motion to reconsider 

480 

§ 16 HOUSE PRACTICE

each portion is laid on the table en bloc by unanimous consent. 5 Hinds 

§ 5609; 105-2, Dec. 19, 1998, pp 28110-12. 

481 

Chapter 22 

Election Contests and Disputes 

§ 1. In General 

§ 2. Jurisdiction and Powers 

§ 3. Parties 

§ 4. Consideration and Disposition 

§ 5. — Dismissal 

§ 6. — Debate and Voting; Amendment 

Research References 

U.S. Const. art. I, § 5 

1 Hinds §§ 634-755 

6 Cannon §§ 90-189 

Deschler Ch 9 

Manual §§ 701, 724, 853 

§ 1. In General 

Contests for seats in the House are governed by the Federal Contested 

Elections Act. 2 USC § 381. This statute, enacted in 1969, sets forth the procedure by which a defeated candidate may have a claim to a seat adjudicated by the House. The Act provides for the filing of notice of contest 

and other proceedings, for the taking of testimony of witnesses, and for a 

hearing by the Committee on House Administration on such depositions and 

other papers as have been filed with the Clerk. 2 USC §§ 381-396. Acting 

on committee reports, the House then disposes of the case by resolution. See 

§ 4, infra. 

The grounds for an election contest and the defenses available to the 

contestee, as well as the process of taking testimony and other procedures 

followed in determining the contest in committee, are treated elsewhere. See 

Deschler Ch 9 and Ch 9 Appendix for complete treatment of contested election cases from the 65th Congress (1917) through the 92d Congress (1972). 

Notwithstanding the availability of the statutory election-contest procedures discussed herein, some election disputes have been presented directly 

to the House for consideration and committee investigation. See, e.g., H. 

482 

§ 2 HOUSE PRACTICE

Rept. 99-58. An investigation of a challenged election has been initiated 

pursuant to: 

0 An action by the House in directly referring to the Committee on House 

Administration the question of a Member-elect’s right to a seat. Deschler 

Ch 2 § 6. 

0 A protest filed by an elector of the district concerned. Deschler Ch 9 

§ 17.1. 

0 A petition filed by another person challenging the qualifications of a Member-elect. Deschler Ch 9 § 17.3. 

The latter two procedures have rarely been invoked and they preceded the 

adoption of the modern contested election statute. 

The right to a seat in the House also may be affected by House action 

on a motion to expel, where a sitting Member’s conduct is at issue. See 

ETHICS; COMMITTEE ON ETHICS. 

§ 2. Jurisdiction and Powers 

Generally 

The Constitution authorizes each House to be the judge of the elections, 

returns, and qualifications of its Members. U.S. Const. art. I, § 5. Thus, the 

House is entitled to judge contested elections involving its seats, and is not 

bound by agreement of the parties or decisions of State tribunals. 6 Cannon 

§§ 90-92. The determination by the House as to the right to a seat is final, 

being considered a nonjusticiable political question. Roudebush v. Hartke, 

405 U.S. 15 (1972). 

Pursuant to the contested election statute, the House acquires jurisdiction of an election contest upon the filing of a notice of contest by a candidate. Deschler Ch 9 § 4.1. Ordinarily, the papers relating to the contest 

are transmitted by the Clerk to the Committee on House Administration (the 

committee with jurisdiction over elections contests under clause 1(k) of rule 

X. Such transmission is pursuant to the statute and needs no formal referral 

or other action by the House. 2 USC § 393(b); Deschler Ch 9 § 4. However, 

the House itself may initiate an election investigation if a Member-elect’s 

right to take the oath is challenged by another Member, by referring the 

question to the committee. Deschler Ch 2 § 6. The House also may summarily dismiss a contest by resolution. Deschler Ch 9 §§ 4.4, 4.5. 

Where two persons claim the same seat from the same district, the 

House may refuse to permit either candidate to take the oath pending a determination of their rights by the House. Deschler Ch 9 § 4.3. 

483 

CHAPTER 22—ELECTION CONTESTS AND DISPUTES § 4 

Election contests may be investigated by a special committee, by a subcommittee of the Committee on House Administration, or by ad hoc panels. 

Deschler Ch 9 §§ 5.2-5.4. 

Recounts of Votes 

To obtain an order from the House for a recount of votes in an election 

contest, the contestant should show that remedies to secure a recount under 

State law have been exhausted and that evidence and testimony have been 

taken in the matter. Deschler Ch 9 §§ 41.1, 41.3. Although the committee 

with jurisdiction has authority to require a recount of votes for a contested 

seat in the House, the committee may decline to order such a recount where 

the highest court of the State has conducted a recount and where the contestant has not demonstrated that a recount would change the result of the 

election. 96-2, Mar. 4, 1980, pp 4490, 4491. 

§ 3. Parties 

Under the controlling statute, ‘‘a candidate for election’’ to the House 

‘‘in the last preceding election’’ is given the right to initiate a contest by 

filing the notice required by law. 2 USC § 382(a). The statute defines ‘‘candidate’’ to mean one whose name was on the official ballot or who received 

write-in votes under certain conditions. 2 USC § 381(2). Thus, a candidate 

in the primary whose name was not on the ballot in the general election 

lacks the requisite standing to initiate a contest, and this was true even under 

the predecessor contested election statute. Deschler Ch 9 § 19.01. Similarly, 

the House has dismissed a contest filed by one who was a candidate in a 

special election to fill a vacancy but was not a candidate in a succeeding 

run-off election. 95-1, Oct. 27, 1977, p 35408. 

A lack of standing of a contestant to initiate the contest is a defense 

that may be raised at the option of the contestee by motion. 2 USC § 383(b). 

§ 4. Consideration and Disposition 

Precedence and Privilege 

Under article I, section 5 of the Constitution and rule IX, the consideration of a contested election case constitutes a question of privilege. 3 Hinds 

§§ 2579, 2580, 2626. It takes precedence over the consideration of veto messages from the President (5 Hinds §§ 6641, 6642), special orders of business 

(3 Hinds § 2554), and business in order on Calendar Wednesday (8 Cannon 

§ 2276). 

484 

§ 5 HOUSE PRACTICE

Reports and Resolutions 

The House generally disposes of election contests by acting on a resolution, which under the modern practice is reported from the Committee on 

House Administration. Manual § 724. A resolution is used to dispose of the 

case even where dismissal has been stipulated by the parties. Deschler Ch 

9 § 52.5. 

Under clause 5 of rule XIII, committee reports relating to the right of 

Members to their seats are privileged and are so reported from the floor. 

Manual § 853. Resolutions disposing of an election contest also are questions of privilege and may be called up at any time. 105-2, Feb. 12, 1998, 

pp 1323, 1324. However, unreported resolutions are subject to the notice requirement of rule IX. Manual § 701; Deschler Ch 9 §§ 42.3, 42.4. 

The resolution may: 

0 Declare one of the parties entitled to the seat. Deschler Ch 9 §§ 42.2, 62.2. 

0 Declare one of the parties not competent to bring the contest. Deschler Ch 

8 § 13.1. 

0 Declare that neither party should be seated pending a committee investigation. Deschler Ch 9 § 42.15. 

0 Declare the seat vacant. Deschler Ch 9 §§ 42.11, 42.12. 

0 Dispose of the contest upon expiration of a specified day. Manual § 701. 

0 Dismiss the contest. See § 5, infra. 

0 Provide for payment or reimbursement from the applicable accounts of the 

House for costs incurred in the contest or its investigation. Deschler Ch 

8 § 13.4; Deschler Ch 9 §§ 45.1-45.6; see also 2 USC § 396 (permitting 

the committee to allow any party reimbursement for reasonable expenses 

in the case). 

§ 5. — Dismissal 

A motion to dismiss will lie under the Federal Contested Elections Act 

to permit the contestee to interpose certain defenses to the contestant’s claim 

or notice of contest. 2 USC § 383(b). Such a motion may be acted on by 

the House pursuant to a privileged resolution reported from the Committee 

on House Administration. Manual §§ 850, 853. 

Under this statute, the burden of proof is on the contestant to present 

sufficient evidence, even before the formal submission of testimony, to overcome the motion to dismiss. Deschler Ch 9 § 35.7. A motion to dismiss will 

lie where the contestant has not adduced evidence or forwarded testimony 

in the manner prescribed by law or has failed to demonstrate that there is 

some documentable basis for the allegations. Deschler Ch 9 §§ 25.1-25.5. 

Under the statute, the contestant has the burden of proving sufficient evidence to show that the result of the election would be changed or that the 

485 

CHAPTER 22—ELECTION CONTESTS AND DISPUTES § 6 

House should conduct a complete recount. 95-1, May 9, 1977, p 13954; 99- 

1, Oct. 2, 1985, p 25665. Evidence that the contestant received more votes 

than the contestee in a prior election is insufficient. 95-1, Oct. 27, 1977, 

p 35408. Merely suggesting the probability of error in the tabulation of 

votes, without offering evidence of a change in the election result, is likewise insufficient. 95-1, May 9, 1977, p 13954. Where the number of illegal 

votes shown by clear and convincing evidence to have been cast in an election is less than the total margin of victory of the contestee, the House may 

adopt the recommendation of the Committee on House Administration dismissing the election contest. The clear and convincing standard was used 

rather than a proportionate reduction methodology that would have allocated 

the illegal votes scientifically between the parties. 105-2, Feb. 12, 1998, pp 

1323, 1324. 

§ 6. — Debate and Voting; Amendment 

Generally 

Resolutions disposing of election contests have been determined by 

voice vote and without debate. Deschler Ch 9 § 42.5. Normally, however, 

debate on the resolution is under the hour rule, with extensions of time permitted by unanimous consent. The debate may be divided among certain 

Members, with the previous question considered as ordered at the conclusion thereof. Deschler Ch 9 §§ 42.9, 59.1. The Member supporting the recommendation of the committee in the contest is entitled to close debate. 

Deschler Ch 9 § 42.8. 

The resolution may be subject to a demand for a division of the question if its form permits (Deschler Ch 9 § 42.14) and to a motion to recommit 

with instructions (Deschler Ch 9 § 42.16). The resolution is not subject to 

amendment unless the Member controlling the time for debate yields for that 

purpose or the previous question is voted down. Deschler Ch 9 § 42.17. If 

the manager of the resolution yields for an amendment, the floor is lost to 

the proponent of the amendment. Deschler-Brown Ch 29 § 30.8. Where the 

previous question is ordered on both the resolution of dismissal and on the 

preamble, the preamble is not separately voted on or amended except as part 

of a motion to recommit. 105-2, Feb. 12, 1998, pp 1333, 1334. 

Participation by the Parties 

If not a sitting Member, the contestant in an election contest may be 

permitted on the floor under clause 2 of rule IV during the consideration 

of the case in the House but must abide by the rules of proper decorum. 

Manual § 622; Deschler Ch 4 § 4.5; Deschler Ch 9 § 42.6. Furthermore, such 

486 

§ 6 HOUSE PRACTICE

contestant is not allowed to participate in the debate absent an order of the 

House. 1 Hinds §§ 662, 666. 

If a sitting Member, a contestee may participate in debate on the resolution disposing of the contest and insert remarks in the Congressional 

Record. Deschler Ch 9 §§ 42.6, 42.7; 105-2, Feb. 12, 1998, p 1327. Such 

contestee also may vote on the resolution. 99-1, Oct. 2, 1985, p 25670. 

487 

Chapter 23 

Election of Members 

§ 1. In General 

§ 2. Campaign Practices 

§ 3. Certificates of Election 

§ 4. Resignations; Deaths; Filling Vacancies 

Research References 

U.S. Const. art. I, § 5, cl. 1 

1 Hinds §§ 277-633 

6 Cannon §§ 38-89 

Deschler Ch 8 

§ 1. In General 

Generally 

Although Congress has enacted extensive legislation to protect the right 

to vote and to secure the process against fraud, bribery, and illegal conduct, 

the actual mechanism for conducting and holding congressional elections has 

been left largely to the States. Deschler Ch 8 §§ 5, 7. However, under article 

I, section 5, clause 1 of the Constitution, the ultimate validity of elections 

rests on determinations by the House and Senate as final judges of the elections and returns of their respective Members. Deschler Ch 8 § 5. Therefore, 

where the conduct of election officials or of candidates and their agents constitutes fraud or illegal control of election machinery, the House or Senate 

may void an election and refuse to administer the oath to a Member-elect. 

Deschler Ch 8 § 7; see Deschler Ch 8 for complete treatment of elections 

and election campaigns. 

Apportionment and Reapportionment 

Since the admission of Alaska and Hawaii to statehood, the total membership of the House has remained fixed by statute at 435 seats. Manual 

§ 227. By law, these 435 seats are automatically apportioned among the 

States according to each decennial census. 2 USC § 2a. 

Under this law, a statistical model known as the ‘‘method of equal proportions’’ is used to determine the number of Representatives to which each 

State is entitled. Although other methods for apportioning House seats may 

be permitted, the equal proportions method chosen by Congress has been 

488 

§ 2 HOUSE PRACTICE

upheld under the Constitution and was plainly intended to reach as close 

as practicable the goal of ‘‘one person, one vote.’’ Massachusetts v. 

Mosbacher, 785 F. Supp. 230 (D. Mass. 1992), rev’d on other grounds 

Franklin v. Massachusetts, 505 U.S. 788 (1992). The courts also have recently upheld under Federal law and the Constitution a counting methodology used by the Census Bureau in a decennial census. This method, 

known as ‘‘imputation,’’ was held to be different than ‘‘sampling,’’ a method prohibited under section 195 of title 13, United States Code. Utah v. 

Evans, 536 U.S. 452 (2002). The method of apportioning the seats in the 

House is vested exclusively in Congress, and neither States nor courts may 

direct greater or lesser representation than that allocated by statute. Deschler 

Ch 8 § 1. The States create their own congressional districts, which must 

be redrawn after reapportionment so that each district is as equally populated as practicable. Manual § 229. 

Section 2a of title 2, United States Code, mandates the manner in which 

a State must conduct an election after any apportionment but before the 

State is redistricted. Section 2a addresses an election where the number of 

Representatives has not changed, has increased, or has decreased. The authority under section 2a(c) of title 2 for a State to retain an at-large seat 

pending its redistricting should be read in light of section 2c of title 2, 

which requires all States entitled to more than one seat to elect representatives only from single-Member districts. Manual § 227. 

Reapportionment proposals have been considered in the House, but have 

no privileged status under the Constitution and cannot interrupt the regular 

proceedings of the House. Deschler Ch 8 § 2. Reapportionment legislation 

also has been considered in the Committee of the Whole. Deschler Ch 8 

§ 2.5. Under clause 1(l) of rule X, proposals relating to apportionment are 

within the jurisdiction of the Committee on the Judiciary. 

§ 2. Campaign Practices 

The power of Congress to regulate the election process extends to the 

regulation of campaign practices. Deschler Ch 8 § 10. The Federal Election 

Campaign Act established a new and comprehensive code for campaign 

practices and expenditures, and contains provisions for investigations and 

enforcement. 2 USC § 431. 

The Federal Election Commission is the agency empowered with primary jurisdiction over the administration, interpretation, and civil enforcement of the Federal Election Campaign Act. Federal Election Comm’n v. 

American Intern. Demographic Services, Inc., 629 F. Supp. 317 (E.D. Va. 

1986). However, the House itself has the power to judge elections and to 

489 

CHAPTER 23—ELECTION OF MEMBERS § 3 

determine whether a candidate was improperly elected to a seat. If violations 

of the election campaign statutes are so extensive as to render an election 

void, the House may deny the right to a seat. Deschler Ch 8 § 12. 

Under clause 1(k) of rule X, the Committee on House Administration 

has jurisdiction over measures relating to the election of the President, Vice 

President, or Members of Congress and over measures relating to the raising, reporting, or use of campaign contributions for House candidates. Investigations of specific elections or election practices usually are undertaken by 

that committee. See, e.g., 105-2, H. Res. 355, Feb. 12, 1998, p 453. Investigations of Members’ elections may be conducted under the statutory election-contest procedures or offered on the floor of the House as questions 

of privilege. Manual § 701; see ELECTION CONTESTS AND DISPUTES. Formerly, investigations were undertaken by select committees created to review election campaigns and proceedings, which were created by privileged 

resolution reported from the Committee on Rules. Deschler Ch 15 § 1.3. 

Under the modern practice, investigations are undertaken by the Committee 

on House Administration. 

A Member’s resignation during an investigation effectively terminates 

the investigation, because the Committee on House Administration has no 

further jurisdiction in the matter thereafter. 95-1, May 4, 1977, p 13391. 

Under clause 5 of rule XIII, a resolution reported from the Committee 

on House Administration relative to the right of a Member to a seat is considered as privileged. Deschler Ch 8 § 13.5. 

§ 3. Certificates of Election 

Certificates of election are issued by each State after congressional elections have been conducted and the results tabulated. The certificates, also 

termed ‘‘credentials,’’ are sent to the Clerk of the House for use in composing the Clerk’s roll. Although the certificate is not essential to the administration of the oath, any Member or Member-elect has the right to object 

thereto, by delivering a challenge either to the validity of the election or 

to the validity of the certificate itself. Deschler Ch 8 § 15. For a discussion 

of challenging the administration of the oath, see OATHS. 

The House (and not the Speaker or other official) determines whether 

a Member may be sworn in after an election certificate has been challenged. 

If a challenge has been directed to a mere irregularity in the form of the 

certificate, the House will ordinarily seat the Member-elect and declare such 

individual finally entitled to the seat. Deschler Ch 8 § 17.1. However, if a 

certificate is challenged through an election contest or by an allegation of 

election irregularities, the House may authorize the Member-elect to be 

490 

§ 4 HOUSE PRACTICE

sworn but provide that the question of the final right to the seat be referred 

to committee. That procedure often is followed where a certificate is on file 

in order not to deprive a State of representation in the House because of 

protracted proceedings. Deschler Ch 8 § 16.4. Another procedural option that 

may be pursued by the House is to declare that neither candidate be sworn 

and that the question of prima facie and final right to the seat be referred 

to committee. Manual § 204. 

A circumstance which may require the nullification of a certificate is 

the intervening death or disappearance of the Member-elect named therein. 

Deschler Ch 2 §§ 4.8, 4.9. 

The House does not always require a certificate in seating a Memberelect. If such individual appears without a certificate but the election is 

uncontested and unquestioned, the House may authorize such Member-elect 

to be sworn by unanimous consent. Manual § 204. A photographic copy of 

the original certificate has been accepted without invoking the unanimousconsent procedure. 106-1, June 8, 1999, p 3773. In some cases where a certificate is delayed, the State represented will deliver informal communications to the House attesting to the validity of the election of the Memberelect. The House may accept such communications by unanimous consent 

in the absence of a certificate. Deschler Ch 2 § 3.3. Even where a Memberelect arrives without a certificate and the election of such individual is disputed, the House may by resolution authorize the swearing of such Memberelect. Deschler Ch 8 § 17.2. 

§ 4. Resignations; Deaths; Filling Vacancies 

A Member properly submits a resignation to an official designated by 

State law and simply informs the House of such action, the latter communication being satisfactory evidence of the resignation. Manual § 19; 1 Hinds 

§ 567; Deschler-Brown-Johnson Ch 37 § 3. 

Where a vacancy arises in the House by death, resignation, declination, 

or action of the House, the vacancy must be officially declared in order that 

a special election may be held. Deschler-Brown-Johnson Ch 38 § 2. Usually, 

the State executive declares the vacancy to exist, particularly in cases of 

death, declination, or resignation. Deschler Ch 8 § 9. The State executive 

then issues a writ of election to fill the vacancy. U.S. Const. art. I, § 2, cl. 

4. If a Governor does not recognize the existence of a vacancy, such as in 

the case of a presumed death not susceptible of proof, the House itself may 

initiate the action to have the seat declared vacant. Deschler Ch 8 § 9.5. 

Such a declaration is proper where independent House action has created 

a vacancy by expulsion or exclusion of a Member. Deschler Ch 8 § 9. In 

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CHAPTER 23—ELECTION OF MEMBERS § 4 

such cases, the House, by privileged resolution, directs the Speaker to notify 

the State executive. Manual § 22. The State executive also is notified where 

the Member purports to resign directly to the Speaker, rather than to the 

relevant State official of such Member’s State as is customary. DeschlerBrown-Johnson Ch 37 § 3.2. 

Under clause 5 of rule XX, in the case of the death of a Member, the 

Speaker may lay before the House such documentation from Federal, State, 

or local officials deemed pertinent. Deschler-Brown-Johnson Ch 38 § 5. 

A resolution declaring a seat vacant is used where a Member-elect is 

unable to take the oath or declines the office due to an incapacitating illness. 

Manual § 22; Deschler-Brown-Johnson Ch 38 § 2.17. In one instance, a letter to the Speaker from the attending physician was inserted in the Congressional Record to document the physical condition of the Member-elect. The 

letter stated that she was in a coma and would be unable to take the oath. 

Manual § 205. The House, by declaring the seat vacant by majority vote, 

was in effect judging a constitutional qualification of the Member; that is, 

the requirement that she take the oath. The resolution was not tantamount 

to an expulsion, which requires a two-thirds vote to adopt. 

The House has adopted a resolution expressing the sense of the House 

that each State should examine its existing statutes, practices, and procedures governing special elections so that, in the event of a catastrophe, vacancies in the House may be filled in a timely fashion. 107-2, H. Res. 559, 

Oct. 2, 2002, p 18919. See also Deschler-Brown-Johnson Ch 38 § 5. 

493 

Chapter 24 

Electoral Counts; Selection of President and 

Vice President 

§ 1. In General; Election of President and Vice President 

§ 2. Joint Session to Count the Electoral Vote 

§ 3. Consideration of Certificates of Electors 

§ 4. Presidential Disability; Filling Vice Presidential Vacancies 

Research References 

U.S. Const. amend. XII 

3 Hinds §§ 1911-1980 

6 Cannon §§ 438-441 

Deschler Ch 10 

Manual §§ 219-223 

§ 1. In General; Election of President and Vice President 

Both the House and Senate formally participate in the process by which 

the President and Vice President are elected. Congress is directed by the 

Constitution to receive, and in joint session to count, the electoral votes certified by the States. If no candidate receives a majority of the electoral vote, 

the House is directed to elect the President, and the Senate is directed to 

elect the Vice President. U.S. Const. amend. XII; Manual § 219. 

The House has on two occasions, in 1801 and 1825, proceeded to elect 

a President where no candidate had a majority of electoral votes. 3 Hinds 

§§ 1983, 1985. Both Thomas Jefferson and John Quincy Adams were chosen 

after prolonged debate and repeated ballots in the House. Under both the 

original constitutional provision and the 12th amendment, balloting was by 

States, with each State having one vote. 

There have been instances in which the result of the electoral vote has 

differed from the result of the popular vote. 3 Hinds §§ 1953-1956; 107-1, 

Jan. 6, 2001, pp 115, 136. Generally, however, the electoral vote has followed the popular vote because of the manner in which electors are chosen 

under State law. Deschler Ch 10 § 1. 

Under the procedures governing the electoral count (as enacted in 1887 

and codified in chapter 1 of title 3 of the United States Code), certificates 

identifying the electors are prepared and transmitted to the Archivist. 3 USC 

§ 6. The electors of each State meet and vote on the first Monday after the 

494 

§ 2 HOUSE PRACTICE

second Wednesday in December at a place designated by the State legislature. 3 USC § 7. The electors prepare certified lists of all persons receiving 

votes for President or Vice President. The certificates are transmitted to the 

seat of government and directed to the President of the Senate. U.S. Const. 

amend. XII; 3 USC §§ 8-11. 

Under earlier procedure (before the Act of 1887), bills relating to the 

electoral vote count were considered of high constitutional and parliamentary privilege. 3 Hinds § 2578. Resolutions relating to the method of examining the electoral votes, or to procedural irregularities or fraud in connection therewith, also were considered as privileged. 3 Hinds §§ 2573, 2576, 

2577. The procedures established in the Act of 1887 rendered these precedents largely obsolete. 3 USC §§ 1-19. 

When addressing a dispute over the election of President and Vice 

President in the state of Florida, the Supreme Court indicated its view of 

a section of the statute addressing a State’s ability to determine ‘‘controversy or contest’’ as to the appointment of electors. 3 USC § 5; Bush v. 

Palm Beach County Canvassing Bd., 531 U.S. 70 (2000). Ultimately, the 

Supreme Court found that the Florida Supreme Court violated the Equal 

Protection Clause of the 14th amendment by ordering certain counties to 

conduct manual recounts of the votes for President and Vice President without establishing standards for those recounts. Bush v. Gore, 531 U.S. 98 

(2000). 

§ 2. Joint Session to Count the Electoral Vote 

The electoral count occurs in a joint session of the two Houses in the 

Hall of the House at 1 p.m. on the sixth day of January succeeding every 

meeting of electors (or an alternate day set by law). 3 USC § 15; Manual 

§ 220; 3 Hinds § 1819; Deschler Ch 10 § 2. Sections 15-18 of title 3 of the 

United States Code prescribe in detail the procedure for the count. Nevertheless, the two Houses traditionally adopt a concurrent resolution providing for 

the meeting in joint session to count the vote, for the appointment of tellers, 

and for the declaration of the state of the vote. 3 Hinds § 1961; Deschler 

Ch 10 § 2.1. This concurrent resolution is privileged. 3 Hinds §§ 2573-2577. 

Sections 15-18 of title 3 of the United States Code are in effect joint rules 

of the two Houses for the occasion and govern the procedures both in the 

joint session and in each House in the event the two Houses divide to consider an objection. Deschler Ch 10 § 2.6. 

Under clause 12 of rule I, the Speaker may declare a recess in connection with the joint session. The Speaker may decline to recognize for oneVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00504 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
495 

CHAPTER 24—ELECTORAL COUNTS § 3 

minute speeches or extensions of remarks before recessing for the joint session. Deschler Ch 10 § 2.3. 

§ 3. Consideration of Certificates of Electors 

Generally 

A joint session to count the electoral votes is presided over by the 

President of the Senate. 3 USC § 15. In the absence of the President of the 

Senate, the President pro tempore of the Senate presides and calls the session to order. Deschler Ch 10 § 2.5. 

No debate is allowed in the joint session. 3 USC § 18; Manual § 220. 

Counting of Certificates 

The electoral votes are counted by tellers who have been appointed on 

the part of the House by the Speaker and on the part of the Senate by the 

Vice President. Deschler Ch 10 §§ 3.1-3.4. 

The certificates and other papers relating to the electoral count are presented and acted on in alphabetical order by States. 3 USC § 15. Where 

more than one set of certificates have been received from a State, and each 

set purports to be the duly appointed electors from that State, the Vice President presents the certificates, with all attached papers, in the order in which 

they have been received. Deschler Ch 10 § 3.5. 

The certificates of votes given by the electors are opened by the President of the Senate and handed to the tellers, who read them in the presence 

and hearing of the two Houses. Deschler Ch 10 § 1. Traditionally, the reading of each certificate is dispensed with by unanimous consent after the first 

State has been read. However, on one occasion, no attempt was made to 

dispense with the reading of the certificates. On that occasion, the tellers 

read only a sufficient part of each certificate to reveal that it was signed 

by the pertinent electors, duly attested, regular in form, and authentic. Manual § 220; 107-1, Jan. 6, 2001, pp 101-15. 

Where there are conflicting electoral certificates from the same State, 

the two Houses during the joint session may by unanimous consent determine which certificate is to be accepted as valid. The tellers may then be 

directed to count the votes in the certificate deemed valid. Deschler Ch 10 

§ 3.5. 

Objections 

An objection to the counting of any electoral vote must be in writing 

and signed by a Member and a Senator. 3 USC § 15; 109-1, Jan. 6, 2005, 

p 198. An objection not signed by a Senator is invalid. 107-1, Jan. 6, 2001, 

p 104. In the event that a timely objection in proper form is raised in conVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00505 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
496 

§ 4 HOUSE PRACTICE

nection with the count, the joint session divides, and the objection is considered by each House in separate session. Deschler Ch 10 § 3.6; 109-1, Jan. 

6, 2005, p 199. The Act of 1887 prescribes the procedure to be followed 

in debate after the two Houses have separated. 3 USC § 17. On only two 

occasions (in 1969 and 2005) has an objection been perfected, requiring the 

two Houses to separate and consider the objection pursuant to the Act of 

1877. 91-1, Jan. 6, 1969, p 146; 109-1, Jan. 6, 2005, p 199. In the House 

a motion to lay the objection on the table is not in order. Deschler Ch 10 

§ 3.7. In one instance the Senate agreed by unanimous consent to modify 

the terms set by the statute with respect to the division of time for debate. 

Deschler Ch 10 § 3.8. 

If either the House or the Senate rejects the objection, the presiding officer of the joint session directs the tellers to record the votes as submitted. 

Deschler Ch 10 § 3.6; 109-1, Jan. 6, 2005, p 242. 

Other Questions Arising in the Matter 

In addition to the joint sessions dividing to consider an objection to the 

counting of any electoral vote, it divides to consider an ‘‘other question arising in the matter.’’ 3 USC §§ 15-18; Manual § 220. Such a question also 

must be in writing and signed by both a Member and a Senator. Manual 

§ 220; 107-1, Jan. 6, 2001, p 104. Examples of an ‘‘other question arising 

in the matter’’ include: (1) an objection for lack of a quorum; (2) a motion 

that either House withdraw from the joint session; and (3) an appeal from 

a ruling by the presiding officer. Manual § 220. Such questions are not debatable in the joint session. 3 USC § 18. 

§ 4. Presidential Disability; Filling Vice Presidential Vacancies 

In addition to its responsibilities in ascertaining and counting the electoral votes cast for President and Vice President, Congress has the duty 

under the Constitution to resolve disputes as to Presidential disability. U.S. 

Const. amend. XXV §§ 3, 4. Messages relating to Presidential incapacity are 

laid before the House. In 1985, 2002, and 2007, the Speaker laid before the 

House two communications from the President of the United States (1) advising of the President’s temporary incapacity to discharge the constitutional 

powers and duties of the Office of President and directing that the Vice 

President discharge those duties in his stead and (2) subsequently advising 

of the President’s determination that he was able to resume those powers 

and duties. Manual § 256. 

The House and Senate also act on the nomination of a Vice President 

to fill a vacancy. The Constitution provides that in such cases the President 

shall nominate a Vice President who shall take office upon confirmation by 

497 

CHAPTER 24—ELECTORAL COUNTS § 4 

a majority vote of both Houses. U.S. Const. amend. XXV § 2. Messages 

from the President transmitting the nomination of a Vice President under 

this provision are laid before the House by the Speaker. The nomination is 

referred to the Committee on the Judiciary, which has jurisdiction over matters relating to Presidential succession. Deschler Ch 10 §§ 4.1, 4.2. The 

House and Senate consider the nomination by acting separately on simple 

resolutions. Deschler Ch 10 § 4.3. 

499 

Chapter 25 

Ethics; Committee on Ethics 

A. INTRODUCTORY

§ 1. In General 

§ 2. Committee on Ethics 

§ 3. — Membership; Eligibility for Committee Service; Disqualification 

§ 4. — Publications; Advisory Opinions 

§ 5. Initiating an Investigation; Complaints 

§ 6. Persons Subject to Disciplinary Procedures 

B. BASIS FOR IMPOSING SANCTIONS

§ 7. In General; The Code of Official Conduct 

§ 8. Code of Ethics for Government Service 

§ 9. Violations of Statutes 

§ 10. Misuse of Hiring Allowance; False Claims 

§ 11. Discrimination in Employment 

§ 12. Campaign Fund Irregularities 

§ 13. Solicitation of Contributions From Government Employees 

§ 14. Limitations on Earned Income; Honoraria 

§ 15. Acceptance of Gifts 

§ 16. Financial Disclosure 

§ 17. Professional Practice Restrictions 

§ 18. Acts Committed in a Prior Congress or Before Becoming a 

Member 

C. NATURE AND FORMS OF DISCIPLINARY MEASURES

§ 19. In General 

§ 20. Expulsion 

§ 21. — Procedure; Resolutions of Expulsion 

§ 22. Censure; Reprimand 

§ 23. — Grounds; Particular Conduct 

§ 24. — Censure Resolutions 

§ 25. Fines; Restitution of Funds 

§ 26. Deprivation of Status; Caucus Rules 

500 

§ 1 HOUSE PRACTICE

§ 27. Letter of Reproval 

Research References 

U.S. Const. art. I, § 5, cl. 2; § 6, cl. 1 

2 Hinds §§ 1236-1289 

6 Cannon §§ 236-238 

Deschler Ch 12 §§ 2-18 

Manual §§ 62, 721b, 759, 806, 853, 1095-1103 

House Ethics Manual, 111th Cong. 

A. Introductory 

§ 1. In General 

Authority; Definitions and Distinctions 

The authority of the House to discipline its Members flows from the 

Constitution. It provides that each House may ‘‘punish its Members for disorderly Behaviour, and, with the concurrence of two thirds, expel a Member.’’ U.S. Const. art. I, § 5, cl. 2. 

Among the sanctions that the House may impose under this provision, 

the rules of the Committee on Ethics outline the following: 

0 Expulsion from the House of Representatives. 

0 Censure. 

0 Reprimand. 

0 Fine. 

0 Denial or limitation of any right, power, privilege, or immunity of the 

Member if under the Constitution the House of Representatives may impose such denial or limitation. 

0 Any other sanction determined by the Committee to be appropriate. 

Rule 24, Committee on Ethics, 112th Cong; see §§ 19-27, infra. 

These sanctions are not mutually exclusive. In a given case, a Member 

may be censured, fined, and deprived of seniority. Deschler Ch 12 § 12.1. 

A Member also may be reprimanded and ordered to reimburse the costs of 

the committee’s investigation. Manual § 64. 

Imprisonment of a Member is a form of punishment that is theoretically 

within the power of the House to impose, but such action has never been 

taken by the House. Deschler Ch 12 § 12. The disciplinary measures referred 

to herein are separate and distinct from the sanctions of fine or imprisonment that may be available under a criminal statute at the State or Federal 

level. See § 9, infra. 

501 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 2 

Exclusion Distinguished 

The power of exclusion is derived from the right of each House to determine the qualifications of its Members, whereas the power of expulsion 

stems from its authority to discipline Members for misconduct. This distinction has not always been recognized. In 1870 a Member was excluded from 

the 41st Congress on the ground that he had sold appointments to the Military Academy. 1 Hinds § 464. In 1967, after an investigating committee recommended that a Member be fined and censured for improperly maintaining 

his wife on the clerk-hire payroll and for improper use of public funds for 

private purposes, the House voted to impose a stronger penalty—to exclude 

him by denying him his seat. Deschler Ch 12 §§ 14.1, 16.1. However, the 

Supreme Court determined such exclusion was not a sanction to be invoked 

in cases involving the misconduct of a Member. It is available only for failure to meet the constitutional qualifications of Members as to age, citizenship, and inhabitancy. Powell v. McCormack, 395 U.S. 486 (1969). 

§ 2. Committee on Ethics 

Generally 

Before the 90th Congress, select temporary committees were created to 

consider allegations of improper conduct against a Member and to recommend such disciplinary measures as might be appropriate. Deschler Ch 

12 § 2. In the 90th Congress, the Committee on Standards of Official Conduct was established as a standing committee of the House. 90-1, H. Res. 

418, Apr. 13, 1967, p 9425. The committee was renamed the Committee 

on Ethics in the 112th Congress. 112-1, Jan. 5, 2011, p ll. Under clause 

5(a)(5) of rule XIII, the committee may report as privileged resolutions recommending action by the House with respect to the official conduct of any 

Member, officer, or employee of the House. Manual § 853. 

Legislative Jurisdiction 

The jurisdiction of the Committee on Ethics, as set forth in clause 1(g) 

of rule X, consists of measures relating to the Code of Official Conduct. 

Manual § 737. Measures proposing to amend the Code are not privileged for 

immediate consideration when reported by that committee but may be considered in the House pursuant to a special order of business from the Committee on Rules. See Manual § 853. 

Investigative Jurisdiction; Recommendations and Reports 

Pursuant to clause 3 of rule XI, the Committee on Ethics is authorized 

to conduct investigations, hold hearings, and report any findings and recVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00511 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 2 HOUSE PRACTICE

ommendations to the House. Manual § 806. This committee has been given 

similar responsibilities under House resolutions authorizing specific investigations. Where the House has directed the committee to conduct such a 

specific investigation, it has, on occasion, authorized the committee to take 

staff depositions, to serve subpoenas within or without the United States, 

and to participate by special counsel in relevant judicial proceedings. See, 

e.g., 95-1, H. Res. 252, Feb. 9, 1977, pp 3966, 3975; 96-2, H. Res. 608, 

Mar. 27, 1980, p 6995. The committee also has been authorized to investigate, with expanded subpoena authority, persons other than Members, officers, and employees. 94-2, H. Res. 1054, Mar. 3, 1976, p 5165-68. 

By resolutions considered as questions of the privileges of the House, 

the committee has been directed: 

0 To investigate illegal solicitation of political contributions in the House Office Buildings by unnamed sitting Members. 

0 To review GAO audits of the operations of the ‘‘bank’’ in the Office of 

the Sergeant-at-Arms. 

0 To disclose the names and pertinent account information of Members found 

to have abused the privileges of the ‘‘House bank.’’ 

0 To investigate violations of confidentiality by staff engaged in the investigation of the operation and management of the Office of the Postmaster. 

Manual § 703. 

Recent Major Revisions to the Ethics Process 

In the 105th Congress the House adopted a resolution sponsored by the 

chair and ranking minority member of a bipartisan leadership task force on 

reform of the ethics process. The resolution included provisions amending 

the rules of the House as follows: 

0 Establishment of a ‘‘pool’’ of non-committee Members who may be assigned to serve on investigative subcommittees, and exclusion of service 

on such subcommittee from the limitation on subcommittee service. 

Clause 5 of rule X. 

0 Authority for the chair and ranking minority member jointly to appoint 

members from the ‘‘pool’’ to serve on an investigative subcommittee. 

Clause 5 of rule X. 

0 Requirement that a complaint placed on the committee agenda before expiration of the time limit set forth in the rules of the committee be referred 

to an investigative subcommittee only by an affirmative vote of the 

members of the committee. Clause 3 of rule XI. 

0 Change in the duration of service on the committee. Clause 5 of rule X. 

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CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 2 

0 Requirement that each meeting be held in executive session unless opened 

by an affirmative vote of a majority of the members, and requirement 

that each adjudicatory subcommittee hearing or full-committee sanction 

hearing be open unless closed by an affirmative vote of a majority of 

its members. Clause 3(c) of rule XI. 

0 Requirement of a confidentiality oath by a Member, officer, or employee 

having access to committee information. Clause 3(d) of rule XI. 

0 Exception for committee votes taken in executive session from requirement 

that committees disclose record votes. Clause 3(b) of rule XIII. 

0 Permission for a non-Member to file information offered as a complaint 

only if a Member certifies the information is submitted in good faith and 

warrants committee consideration. Clause 3(b)(2)(B) of rule XI. 

0 Authority for the chair and ranking minority member of the committee 

jointly to gather preliminary additional information with regard to a complaint or information offered as a complaint. Clause 3(b)(1) of rule XI. 

0 Authority for a subcommittee to authorize and issue a subpoena only by 

affirmative vote of a majority of its members. Clause 2(m)(3) of rule XI. 

0 Authority for the committee to refer substantial evidence of a violation of 

law to Federal or State authorities either with approval of the House or 

by an affirmative vote of two-thirds of the members of the committee. 

Clause 3(a)(3) of rule XI. 

0 Authority for the committee to take appropriate action in the case of a frivolous complaint. Clause 3(e) of rule XI. 

The resolution also included provisions requiring the committee to 

adopt the following committee rules (which were codified in clause 3 of rule 

XI in the 108th Congress): 

0 Guaranteeing the ranking minority member the right to place an item on 

the agenda. 

0 Setting specified standards for staff, providing for appointment of staff, permitting the retention of outside counsel or temporary staff, and permitting both the chair and the ranking minority member one additional staff 

member. 

0 Permitting only the chair or ranking minority member to make public statements regarding matters before the committee, unless otherwise determined by a vote of the committee. 

0 Providing the chair and ranking minority member 14 calendar days or five 

legislative days (whichever occurs first) to determine whether information offered as a complaint constitutes a complaint. 

0 Granting the chair and ranking minority member, unless otherwise determined by an affirmative vote of the majority of committee members, 45 

calendar days or five legislative days (whichever occurs later) after the 

date they determine the information filed constitutes a complaint to: (1) 

recommend disposition of the complaint; (2) establish an investigative 

subcommittee; or (3) request an extension. 

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§ 2 HOUSE PRACTICE

0 Requiring the chair and ranking minority member to establish an investigative subcommittee to consider a complaint not disposed of by the expiration of the time limit. 

0 Providing for disposal of information not constituting a proper complaint. 

0 Setting parameters for the composition of investigative and adjudicatory 

subcommittees. 

0 Establishing a standard of proof for the adoption of a statement of alleged 

violation. 

0 Authorizing expansion of the scope of an investigation by an investigative 

subcommittee upon an affirmative vote of a majority of the members of 

the full committee. 

0 Authorizing an investigative subcommittee to amend its statement of alleged violation any time before it is transmitted to the committee and 

granting 30 calendar days for a respondent to file an answer to the 

amended statement of alleged violation. 

0 Establishing procedures to protect the due process rights of respondents. 

0 Requiring the committee to transmit to the House upon an affirmative vote 

of a majority of its members an investigative subcommittee report stating 

that it did not adopt a statement of alleged violation. 

0 Detailing a mode of proceeding upon an approved waiver of an adjudicatory hearing, including committee reporting requirements and opportunity 

for respondent views. 

0 Clarifying that, when the committee authorizes an investigation on its own 

initiative, the chair and ranking minority member shall establish an investigative subcommittee. 

105-1, H. Res. 168, Sept. 18, 1997, pp 19317-20; Manual § 806. 

Office of Congressional Ethics 

In the 110th Congress, the House adopted a resolution establishing an 

Office of Congressional Ethics (OCE). This independent, nonpartisan office 

consists of 6 members: three appointed by the Speaker (with the concurrence of the Minority Leader) and three appointed by the Minority Leader 

(with the concurrence of the Speaker). The OCE functions as a clearinghouse where alleged violations of the applicable ethics rules are subject to 

preliminary investigation. Unlike the Committee on Ethics, the OCE receives allegations from any source (not just Members), and a request by any 

two members of the board triggers an automatic preliminary review by the 

OCE. A further vote is required to commence a second-phase review. 

The OCE informs the Committee on Ethics of its progress throughout 

the investigatory process, and also provides notice to the Member being investigated. Upon the completion of an investigation, the OCE reports to the 

Committee one of three conclusions: (1) the OCE recommends that the complaint be dismissed; (2) the OCE recommends that the complaint be investigated by the Committee; or (3) the OCE has come to no conclusion due 

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CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 4 

to a tie vote of the board. Conforming changes made to clause 3 of rule 

XI require the Committee on Ethics either to make public the OCE recommendation or to begin an investigation of its own. 110-1, H. Res. 895, 

Mar. 11, 2008, p 3741. 

§ 3. — Membership; Eligibility for Committee Service; Disqualification 

The Committee on Ethics, unlike other standing committees of the 

House (where the majority party has a preponderance of the elected membership), is composed of 10 members in equal numbers from the majority 

and minority parties. Clause 5(a)(3) of rule X. Service on the committee 

also is limited to no more than three Congresses in any 10-year period. 

However, a member of the committee may serve during a fourth Congress 

as either the chair or the ranking minority member of the committee. Manual § 759. At the beginning of each Congress, the Speaker and the Minority 

Leader each name 10 Members from their respective parties who are not 

members of the Committee on Ethics to be available to serve on investigative subcommittees thereof. Clause 5(a)(4) of rule X. 

Clause 3(b)(4) of rule XI provides that a member of the committee shall 

be ineligible to participate in a committee proceeding relating to such Member’s own conduct. Under this rule, where it was contended that four members of the committee were ineligible to adjudicate a complaint because of 

their personal involvement in the relevant conduct, the Speaker named four 

other Members to act as members of the committee in all proceedings on 

the complaint in the same political-party ratio represented by the party affiliation of the four ineligible members. Manual § 806a. 

Clause 3(b)(5) of rule XI permits members of the committee to disqualify themselves from participation in any committee investigation in 

which such members certify that they could not render an impartial decision 

and authorizes the Speaker to appoint such replacements as necessary for 

that investigation. Under this rule, where a member of the committee submits an affidavit of disqualification in a disciplinary investigation of another 

Member, or where a member of the committee is the subject of an ethics 

inquiry and has notified the Speaker of such Member’s ineligibility, the 

Speaker may appoint another Member to serve on the committee during the 

investigation. Manual § 806. 

§ 4. — Publications; Advisory Opinions 

Under clause 3(a)(4) of rule XI, the Committee on Ethics is authorized 

to issue and publish advisory opinions (also known as ‘‘pink sheets’’) with 

506 

§ 5 HOUSE PRACTICE

respect to the general propriety of any current or proposed conduct. The 

committee’s advisory opinions are incorporated in the House Ethics Manual. 

The House Ethics Manual also includes advisory opinions issued by the 

former Select Committee on Ethics, which was established during the 95th 

Congress and was the precursor of the present standing committee. Recent 

advisory opinions may be found on the committee’s website. 

Two prior publications, Gifts and Travel and Campaign Activity, published as booklets in the 106th and 107th Congresses, respectively, were incorporated into the 2008 House Ethics Manual. Advisory opinions issued by 

the committee also may be found in the appendix to Chapter 12 of 

Deschler’s Precedents. Additional information also is available from the 

committee’s website. 

In accordance with section 803(i) of the Ethics Reform Act of 1989, 

the committee has established an Office of Advice and Education. The primary responsibility of the office is to provide information and guidance to 

Members, officers, and employees regarding all applicable standards of conduct. This includes the ethics training for House employees mandated by 

House rules. Clause 3(a)(6) of rule XI. 

§ 5. Initiating an Investigation; Complaints 

Generally 

In addition to an investigation directed by House resolution, called up 

as a question of the privileges of the House, an investigation of particular 

conduct may be initiated pursuant to adoption of a resolution reported from 

the Committee on Rules. See, e.g., 96-2, H. Res. 608, Mar. 27, 1980, p 

6995-98. A resolution directing the committee to investigate a possible unauthorized disclosure of classified information by the Speaker in violation 

of House rules was introduced through the hopper and referred to the Committee on Rules. 100-2, Sept. 30, 1988, p 27329. A resolution requiring the 

Committee on Standards of Official Conduct (now Ethics) to empanel an 

investigative subcommittee any time a Member has been indicted or otherwise formally charged with criminal conduct was adopted in the 110th Congress and carried forward in subsequent Congresses. 

Under clause 3(b)(1)(A) of rule XI, an investigation of particular conduct also may be initiated by the Committee on Ethics, if approved by a 

majority vote of the members of that committee. An investigation also may 

be initiated pursuant to information offered as a complaint filed with the 

committee by a Member. A complaint may be filed by a non-Member if 

the complaint is accompanied by a certification from a Member that the information is submitted in good faith and warrants committee consideration. 

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CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 5 

Clause 3(b)(2) of rule XI; Manual § 806. As noted earlier, an investigation 

may also be initiated by a transmittal from the Office of Congressional Ethics. See § 2, supra. 

Under clause 3(b)(1) of rule XI, the chair and ranking minority member 

of the committee jointly may gather additional information concerning alleged conduct that is the basis of a complaint until they have established 

an investigative subcommittee or either of them has placed on the agenda 

of the committee the issue of whether to establish such subcommittee. Manual § 806. 

Complaint Requirements; Unfounded Charges 

Information offered as a complaint filed with the committee must comply with the requirements of clause 3(b)(2) of rule XI, including the requirement that it be in writing and under oath. Manual § 806. Each complaint 

received by the committee is examined to determine whether it complies 

with that rule. Complaints that are not in compliance are returned. Those 

that comply with the rule are considered by the committee for appropriate 

disposition. 

Under clause 3(e)(1) of rule XI, a complaint determined by the Committee on Ethics to be frivolous may give rise to action by that committee. 

A Member who presented false charges against another Member has himself 

become the subject of a select committee investigation and report. In 1908 

the House adopted a resolution approving a select committee report finding 

a Member in contempt and in violation of his obligations as a Member 

where he had presented false charges of corruption against another Member. 

6 Cannon § 400. 

Disclosure 

Clause 3(b)(6) of rule XI requires a vote of the Committee on Ethics 

to authorize the public disclosure of the content of a complaint or the fact 

of its filing. 

Debate 

References in floor debate to the content of a complaint or the fact of 

its filing are governed by the rules of decorum in debate under clause 1 of 

rule XVII. Under this stricture a Member should refrain from references in 

debate to the official conduct of a Member where such conduct is not the 

subject then pending before the House by way of either a report of the 

Committee on Ethics or another question of the privileges of the House. 

This stricture also precludes a Member from reciting news articles discussing a Member’s conduct, reciting the content of a previously tabled resVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00517 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 6 HOUSE PRACTICE

olution raising a question of the privileges of the House, or even referring 

to a Member’s conduct by mere insinuation. 

The fact that a complaint has been filed does not open up its allegations 

to debate on the floor. Notice of an intention to offer a resolution as a question of the privileges of the House under rule IX does not render a resolution ‘‘pending’’ and thereby permit references to the conduct of a Member 

proposed to be addressed therein. Manual § 361. 

§ 6. Persons Subject to Disciplinary Procedures 

The investigative authority that is given under clause 3(a)(1) of rule XI 

to the Committee on Ethics over alleged violations extends to ‘‘Members, 

Delegates, the Resident Commissioner, officers, and employees of the 

House.’’ Manual § 806. The Speaker has been subject to the investigative 

authority of this committee. 101-1, Statement of the Committee on Standards of Official Conduct (now Ethics) In re Wright, Apr. 17, 1989; H. Res. 

31, H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, p 459. A Delegate has 

been subject to censure for misconduct. 2 Hinds § 1305. With respect to violations by House officers or employees, the rules of the committee authorize 

it to recommend to the House dismissal from employment, reprimand, fine, 

or any other sanction determined by the committee to be appropriate. Rule 

24, Rules of the Committee on Ethics, 112th Cong. 

On one occasion, the House, by adopting a resolution presented as a 

question of privilege (dealing with the unauthorized disclosure of a House 

report), authorized the Committee on Standards of Official Conduct (now 

Ethics) to investigate persons not associated with the House. 94-2, H. Res. 

1042, Feb. 19, 1976, p 3914. The House considered it necessary to enlarge 

the subpoena authority of the committee to carry out this investigation. 94- 

2, H. Res. 1054, Mar. 3, 1976, p 5165. Private citizens have been censured 

or reprimanded by the Speaker at the bar of the House for attempting to 

bribe a Member or for assaulting a Member. 2 Hinds §§ 1606, 1616-1619, 

1625; 6 Cannon § 333. 

Under clause 3(a)(3) of rule XI, the committee may report to the appropriate Federal or State authorities, either with the approval of the House or 

by an affirmative vote of two-thirds of the members of the committee, any 

substantial evidence of a violation of a law by a Member, officer, or employee of the House that is applicable to the performance of such individual’s duties or the discharge of such individual’s responsibilities that may 

have been disclosed in a committee investigation. 

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CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 7 

B. Basis for Imposing Sanctions 

§ 7. In General; The Code of Official Conduct 

Generally 

Before the 90th Congress, there was no formal code of conduct for 

Representatives. However, in 1968 the rules were amended to establish a 

Code of Official Conduct for Members and employees of the House. 90- 

1, H. Res. 1049, Apr. 3, 1968, p 8803; rule XXIII. The Code, along with 

rules XXIV and XXV, contain provisions governing the receipt of compensation, gifts, and honoraria. It also addresses the use of campaign funds, 

proscribes discrimination in employment, and bars certain ‘‘non-House’’ 

uses of House stationery. Manual §§ 1095-1104. Rule XXVII, added in the 

110th Congress, contains rules governing disclosure of negotiations for future employment and recusal in cases of conflicts of interest. This rule applies to Members, officers, and employees of the House. 

Conduct Reflecting Discredit on the House 

Under the Code of Official Conduct, disciplinary measures may be invoked against a Member, officer, or employee on the ground that such person has violated the requirement in clause 1 of the Code of Official Conduct 

to behave ‘‘at all times’’ in a manner that reflects ‘‘creditably’’ on the 

House. Manual § 1095. Examples of disciplinary measures recommended by 

the Committee on Ethics against certain Members for conduct that violated 

clause 1 of the Code include: 

0 Failure to report campaign contributions and perjury. Certain Members 

were officially reprimanded by the House. H. Res. 1415, H. Rept. 95- 

1742, In re McFall, Oct. 13, 1978, p 37005; H. Res. 1416, H. Rept. 95- 

1743, In re Roybal, Oct. 13, 1978, p 37009. 

0 Conviction by a jury on bribery or other corruption charges. Member was 

expelled by the House. H. Res. 794, H. Rept. 96-1387, In re Myers, Oct. 

2, 1980, p 28953; H. Res. 495, H. Rept. 107-594, In re Traficant, July 

24, 2002, p 14319. 

0 Misuse of the congressional clerk-hire allowance for personal gain. Member 

was censured by the House by a unanimous vote and was required to 

make restitution of monies in the amount that he had personally benefited. H. Res. 378, H. Rept. 96-351, In re Diggs, July 31, 1979, p 21584. 

0 Engagement in sexual relationships or other inappropriate conduct with 

pages employed by the House. H. Res. 265, H. Rept. 98-295, In re 

Studds, July 20, 1983, p 20030; H. Res. 266, H. Rept. 98-296, In re 

Crane, July 20, 1983, p 20020; 109-2, H. Res. 1065, Sept. 29, 2006, p 

21334. 

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§ 8 HOUSE PRACTICE

The committee may find that a Member has brought discredit to the 

House, but recommend no formal sanction. H. Rept. 104-876, In re Collins; 

H. Rept. 105-797, In re Kim. The committee also may send the offending 

Member a letter of reproval. H. Rept. 106-979, In re Shuster. 

The House voted to reprimand the Speaker for bringing discredit on the 

House. H. Res. 31, H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, p 393. 

Adhering to the ‘‘Spirit and Letter’’ of the Rules 

Clause 2 of the Code of Official Conduct provides that a Member, officer, or employee of the House must ‘‘adhere to the spirit and the letter’’ 

of the rules of the House and to the rules of its committees. Manual § 1095. 

This rule has been interpreted to mean that a Member or employee may not 

do indirectly what the Member or employee would be barred from doing 

directly. Advisory Opinion No. 4, Select Committee on Ethics, 95th Cong. 

In 1988 the Committee on Standards of Official Conduct (now Ethics) 

concluded that a Member’s acceptance of an illegal gratuity on three occasions constituted action that discredited the House as an institution in violation of clause 1 of rule XXIII; and, having violated the ‘‘spirit’’ of clause 

1, he also violated clause 2 of rule XXIII. H. Rept. 100-506, In re Biaggi. 

Although purposeful violation of any rule of the House could potentially be 

considered an infraction under clause 2 of rule XXIII, the committee has 

issued advisory opinions touching on some of the rules that specifically pertain to Members’ conduct. In addition to the restrictions contained in the 

Code of Conduct, rules XXIV (Limitations on Use of Official Funds), XXV 

(Limitations on Outside Earned Income and Acceptance of Gifts), XXVI 

(Financial Disclosure), and XXVII (Disclosure by Members and Staff of 

Employment Negotiations) have been addressed by the committee in its 

House Ethics Manual. 

§ 8. Code of Ethics for Government Service 

A Code of Ethics to be adhered to by all government employees, including office holders, was adopted by concurrent resolution in 1958. 85- 

2, H. Con. Res. 175, July 11, 1958; House Ethics Manual, 111th Cong. The 

Committee on Standards of Official Conduct (now Ethics) has indicated that 

the Code of Ethics is an expression of traditional standards of conduct that 

continues to be applicable, even though the Code was enacted merely in the 

form of a concurrent resolution that expired with the adjournment of the 

Congress in which it was adopted. H. Rept. 94-1364, In re Sikes. 

The Code of Ethics requires that any person in government service 

should, among other things, give a full day’s labor for a full day’s pay; 

never accept favors or benefits under circumstances that ‘‘might be conVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00520 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 9 

strued as influencing the performance of governmental duties;’’ engage in 

no business with the government, either directly or indirectly, that is inconsistent with the conscientious performance of governmental duties; and 

never use any confidential information in the performance of governmental 

duties as a means of making a private profit. 

The ethical standards of this Code have provided the basis for disciplinary proceedings against Members. See, e.g., H. Rept. 100-506, In re 

Biaggi. In one instance, charges concerning the use of a Member’s official 

position for pecuniary gain were heard by the committee. The committee 

found that the Member had failed to report his ownership of certain stock 

and that he bought stock in a bank following active efforts in his official 

capacity to obtain a charter for the bank. These charges resulted in a reprimand of the Member. H. Res. 1421, H. Rept. 94-1364, In re Sikes, July 

29, 1976, p 24379. 

§ 9. Violations of Statutes 

Generally 

Members of Congress, unless immunized by the Speech or Debate 

Clause of the Constitution, are subject to the same penalties under the criminal laws as are all citizens. Manual § 93; Deschler Ch 12 § 3. In addition 

to rules XXIII through XXVII, the Federal criminal code addresses the conduct of Members, officers, and employees with respect to bribery of public 

officials (18 USC § 201), claims against the Government (18 USC §§ 203- 

205, 207(e), 216), and public officials acting as agents of foreign principals 

(18 USC § 219). The violation of such statutes may be considered by the 

Committee on Ethics in recommending disciplinary actions to the House. 

Thus, a Member’s conviction under section 201 of title 18, United 

States Code, of accepting an illegal gratuity was cited as one of the grounds 

for the committee’s recommendation that the Member be expelled. H. Rept. 

100-506, In re Biaggi. The committee may find that a Member has violated 

certain statutes but recommend no formal sanction. H. Rept. 104-876, In re 

Collins; H. Rept. 105-797, In re Kim. The committee also may send the 

offending Member a letter of reproval. H. Rept. 106-979, In re Shuster. The 

House voted to reprimand a Speaker for violating certain provisions of the 

Internal Revenue Code. 105-1, H. Res. 31, H. Rept. 105-1, In re Gingrich, 

Jan. 21, 1997, p 393. 

Any disciplinary measure that the House invokes against a Member for 

an alleged or proven violation of such a statute is separate and distinct from 

sanctions that may be sought by law enforcement authorities at the State or 

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§ 9 HOUSE PRACTICE

tigation or House censure for the same offense. See United States v. Diggs, 

613 F.2d 988 (D.C. Cir. 1979), cert. denied, 446 U.S. 982 (1980); H. Res. 

378, H. Rept. 96-351, In re Diggs, July 31, 1979, p 21584. 

Clause 3 of rule XI authorizes the Committee on Ethics to report to the 

appropriate Federal or State authorities, by majority vote with the approval 

of the House or by two-thirds vote of the committee alone, any substantial 

evidence of a violation of an applicable law by a Member, officer, or employee of the House, that may have been disclosed in a committee investigation. Manual § 806. During the committee’s investigation of Speaker Gingrich, the committee received documents that may have proved useful to the 

Internal Revenue Service. The House adopted the recommendation of the 

committee to make those documents available to the Internal Revenue Service and to establish a liaison to aid the transfer of documents. H. Res. 31, 

H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, p 393. 

Conviction as Basis for Committee Action 

Rule 18(e) of the rules of the Committee on Ethics requires the committee to undertake an investigation with regard to any felony conviction of 

a Member, officer, or employee of the House in a Federal, State, or local 

court. The rule further provides that the investigation may proceed at any 

time before sentencing. See, e.g., H. Rept. 107-594, In re Traficant. The 

committee may review evidence presented at the Member’s trial, including 

the trial transcript, transcripts of recorded phone conversations, and oral 

intercepts. H. Rept. 100-506, In re Biaggi. Examples of disciplinary measures recommended by the Committee on Ethics based on criminal convictions include bribery convictions or findings as to the receipt of money by 

a Member for exercising his influence in the House. H. Rept. 96-1387, In 

re Myers; H. Rept. 96-856, In re Flood; H. Rept. 96-1537, In re Jenrette; 

H. Rept. 97-110, In re Lederer; H. Rept. 100-506, In re Biaggi; H. Rept. 

107-594, In re Traficant. 

In 1980, charges involving alleged bribes of Members of Congress led 

to investigations by both the Committee on Standards of Official Conduct 

(now Ethics) and the Department of Justice. The committee was authorized 

to conduct an inquiry into such alleged improper conduct, to coordinate its 

investigation with the Justice Department, to enter into agreements with the 

Justice Department, and to participate, by special counsel, in any judicial 

proceeding concerning or relating to the inquiry. 96-2, H. Res. 608, Mar. 

27, 1980, p 6995; 97-1, H. Res. 67, Mar. 4, 1981, p 3529. 

The House may choose to initiate disciplinary proceedings against a 

Member upon a Member’s conviction even when that Member has not exhausted all of the appeals in the criminal process. See § 19, infra. 

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CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 11 

§ 10. Misuse of Hiring Allowance; False Claims 

Clause 8 of rule XXIII prohibits a Member from retaining anyone on 

payroll who does not perform duties commensurate with the compensation 

received. Closely related to this rule is the False Claims Act, which imposes 

liability on persons making claims against the government knowing such 

claims to be false or fraudulent. 31 USC § 3729; 18 USC § 287. Because 

Members must formally authorize salary payments to their aides, they may 

be in violation of Federal law if they know that such payments are being 

made to an aide who is not doing official work commensurate with such 

pay, or if such person is drawing on clerk-hire funds to meet personal or 

congressional expenses. See United States v. Diggs, 613 F.2d 988 (D.C. Cir. 

1979), cert. denied, 446 U.S. 982 (1980). The False Claims Act is applicable 

where a Member submits false travel vouchers to the Clerk of the House. 

See U.S. ex rel. Hollander v. Clay, 420 F. Supp. 853 (D.D.C. 1976). Liability under the Act likewise arises where a Member has falsely certified certain long-distance phone calls as being official calls in order to obtain reimbursement for them. United States v. Eilberg, 507 F. Supp. 267 (E.D. Pa. 

1980). 

§ 11. Discrimination in Employment 

Clause 9 of rule XXIII includes provisions barring discrimination 

against any individual with respect to compensation or other conditions of 

employment because of such individual’s race, color, religion, or sex, including marital or parental status, disability, age, or national origin. The 

Committee on Standards of Official Conduct (now Ethics) has concluded 

that sexual harassment is a form of discrimination in employment that is 

prohibited by clause 9. In one case the committee issued a letter of reproval 

to a Member for his conduct in interacting with two female employees on 

his staff. H. Rept. 101-293, In re Bates. 

The earliest form of the rule on ‘‘employment practices’’ grew out of 

the Fair Employment Practices Resolution first adopted in the 100th Congress. 100-2, H. Res. 558, Oct. 3, 1988, p 27840; 101-1, H. Res. 15, Jan. 

3, 1989, p 85. The terms of that resolution were incorporated by reference 

in a standing rule in the 102d Congress. 102-1, H. Res. 5, Jan. 3, 1991, 

p 39. It was codified in full text, with certain amendments, in the 103d Congress. 103-1, H. Res. 5, Jan. 5, 1993, p 49. The Employment Practices rule 

was overtaken by the earliest form of a rule addressing the ‘‘application of 

certain laws’’ in the 103d Congress. 103-2, H. Res. 578, Oct. 7, 1994, p 

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§ 12 HOUSE PRACTICE

gressional Accountability Act of 1995. 2 USC § 1301. Certain savings provisions appear in section 506 of that Act. 2 USC § 1435. 

§ 12. Campaign Fund Irregularities 

Members of the House are governed by many restrictions and regulations concerning the use of campaign funds and must comply with various 

campaign finance procedures. These requirements are found primarily in the 

Federal Election Campaign Act of 1971. 2 USC § 431. Under this statute, 

the Federal Election Commission was established as an independent regulatory agency with jurisdiction over Federal campaign finance practices. 2 

USC §§ 437c-438. 

Clause 6 of rule XXIII requires that Members use campaign funds solely for campaign purposes and specifically prohibits the personal use of such 

funds. This includes the requirements that Members keep campaign funds 

separate from personal funds; may not convert campaign funds to personal 

use except for reimbursement for legitimate, verifiable prior campaign expenses and official expenses (subject to the limitations in clause 1(b)(2) of 

rule XXIV); and may not expend campaign funds for other than bona fide 

campaign or political purposes. The committee has taken the position that 

any use of campaign funds that personally benefits the Member rather than 

exclusively and solely benefiting the campaign is not a ‘‘bona fide campaign 

purpose.’’ H. Rept. 99-933, In re Weaver; H. Rept. 100-526, In re Rose. 

Although campaign funds may be invested, a candidate who borrows money 

from such candidate’s own campaign is presumed to be receiving a personal 

benefit; that is, the use of the money. 

The Committee on Standards of Official Conduct (now Ethics) has 

found that Members have violated clause 6 of rule XXIII by transferring 

campaign funds to personal accounts or borrowing from their campaign 

funds. See, e.g., H. Rept. 96-930, In re Wilson; H. Rept. 99-933, In re Weaver. 

The House has adopted reports of the committee recommending reprimand of Members who have failed to report a campaign contribution or 

have converted a campaign contribution to personal use. See, e.g., H. Res. 

1415, H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p 37005; H. Res. 

1416, H. Rept. 95-1743, In re Roybal, Oct. 13, 1978, p 37009. In two cases, 

Members were found to have violated Federal election campaign laws, but 

no formal sanctions were issued. H. Rept. 104-876, In re Collins; H. Rept. 

105-797, In re Kim. 

Clause 7 of rule XXIII requires any proceeds from testimonials or other 

fundraising events to be treated by Members as campaign contributions. 

515 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 14 

§ 13. Solicitation of Contributions From Government Employees 

A Federal statute prohibits Members of Congress (and candidates for 

Congress) from soliciting political contributions from employees of the 

House and from other Federal government employees. 18 USC § 602. Under 

this statute it must actually be known that the person who is being solicited 

is a Federal employee. Inadvertent solicitations to persons on a mailing list 

during a general fundraising campaign are not prohibited. H. Rept. 96-930, 

In re Wilson. Because the statute by its terms is directed at protecting ‘‘employees,’’ it does not prevent one Member from soliciting another Member. 

See 6 Cannon § 401 (in which the House adopted a resolution construing 

the predecessor statute). 

In 1985, the Committee on Standards of Official Conduct (now Ethics) 

initiated a preliminary investigation into charges that a ‘‘Dear Colleague’’ 

letter had been used to solicit Members’ staffs in House office buildings. 

However, the committee took the view that the statute was directed against 

coercive activities; that is, political ‘‘shakedowns.’’ The committee concluded that, in the absence of any evidence of ‘‘victimization’’ (i.e., coercion of congressional staff) the solicitations were not precluded by that law. 

H. Rept. 99-277. The committee concluded, however, that neither staff (paid 

or volunteer) while on official time, nor Federal office space at any time, 

should be used to prepare or distribute material involving solicitations of political contributions. H. Rept. 99-227; see also H. Rept. 99-1019. 

§ 14. Limitations on Earned Income; Honoraria 

Clause 1 of rule XXV places restrictions upon the amount of outsideearned income a Member, officer, or employee may receive. This provision 

limits the amount of aggregate outside-earned income in a calendar year to 

15 percent of an annual congressional salary. The limitation applies to 

earned income for personal services, rather than monies that are essentially 

a return on equity. In this regard, the facts of a particular case will be regarded as controlling, rather than the characterization of such monies as outside-earned income. Advisory Opinion No. 13, Select Committee on Ethics, 

95th Cong. (reprinted in H. Rept. 95-1837). 

Under clause 3 of rule XXV, a Member, officer, or employee may receive neither an advance payment on copyright royalties nor copyright royalties under a contract unless it is first approved by the Committee on Ethics 

as complying with the requirement that the royalties are received from an 

established publisher under usual and customary contractual terms. 

A restriction against honoraria is imposed by clause 1 of rule XXV. In 

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§ 15 HOUSE PRACTICE

cessive honoraria and other outside income, styled as ‘‘royalties,’’ which he 

accepted from special interest groups from the sale of his book. 101-1, 

Statement of the Committee on Standards of Official Conduct (now Ethics) 

In re Wright, Apr. 17, 1989. 

§ 15. Acceptance of Gifts 

Clause 5 of rule XXV permits acceptance of a gift only if it has an 

individual value of less than $50 and a cumulative value from any one 

source in the calendar year of less than $100 (the value of perishable food 

sent to an office is allocated among the individual recipients and not to the 

Member). Clause 5 defines the term ‘‘gift’’ and outlines various exceptions 

to the rule. The Committee on Standards of Official Conduct (now Ethics) 

in the 96th Congress recommended the censure of a Member for misconduct 

that included the acceptance of gifts of money from a person with a ‘‘direct 

interest in legislation’’ before Congress. The committee determined that certain checks that had been marked ‘‘loans’’ were not true loans. On the basis 

of this and other violations, the House, after rejecting a motion to recommit 

that would have permitted a reprimand, voted to censure. H. Res. 660, H. 

Rept. 96-930, In re Wilson, June 10, 1980, p 13801. In 1988 the committee 

concluded that a Member’s acceptance of illegal gratuities in trips to St. 

Maarten and Florida established per se violations of the gift rule since those 

events, both individually and in the aggregate, far exceeded the $100 limit 

then imposed by the gift rule. H. Rept. 100-506, In re Biaggi. 

In the 110th Congress, rule XXV was amended to prohibit the acceptance of any gifts from registered lobbyists, and to clarify the valuation of 

tickets to sporting and entertainment events for purposes of the gift rule. 

In 1977 the committee was empowered to investigate the alleged receipt 

by Members of ‘‘things of value’’ from the Korean government. 95-1, H. 

Res. 252, Feb. 9, 1977, p 3966. Subsequently, the House adopted a committee report recommending the reprimand of a Member on the basis of the 

committee’s finding that he had failed to disclose, in a questionnaire sent 

to all Members by the committee, his receipt of currency and valuables 

worth more than $100 from representatives of Korea. H. Res. 1414, H. Rept. 

95-1741, In re Wilson, Oct. 13, 1978, p 36976. 

In the 110th Congress, rule XXV was amended to provide restrictions 

on privately funded travel for Members. Such restrictions include prohibitions on funding by registered lobbyists, certification requirements by Members, and a prohibition on using any funds for travel aboard private aircraft. 

Reimbursement for official travel was also made subject to new disclosure 

requirements. 

517 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 18 

The current House Ethics Manual incorporates the prior publication 

Gifts and Travel from the 106th Congress. 

§ 16. Financial Disclosure 

Title I of the Ethics in Government Act of 1978 requires Members, officers, and certain employees of the House to file an annual Financial Disclosure Statement. 5 USC App §§ 101-111. This law, which is incorporated into 

House rule XXVI, was intended to regulate and monitor possible conflicts 

of interest due to outside financial holdings. Manual § 1103. 

In the 94th Congress the House reprimanded a Member for certain conduct occurring during prior Congresses, which included failure to make 

proper financial disclosures. H. Res. 1421, H. Rept. 94-1364, In re Sikes, 

July 29, 1976, p 24379. The Committee on Standards of Official Conduct 

(now Ethics) has concluded that a Member accepted certain gifts that were 

subject to mandatory disclosure under the Ethics in Government Act. H. 

Rept. 100-506, In re Biaggi; H. Rept. 105-797, In re Kim. 

§ 17. Professional Practice Restrictions 

Members are subject to various restrictions relating to their professional 

affiliations while serving in the House. Thus, Members are prohibited from 

receiving compensation for legal services before agencies of the Federal 

government. Clause 2 of rule XXV; 18 USC § 205. Under this rule, Members, officers, and certain senior employees may not: 

0 Receive compensation from affiliation with a firm providing professional 

services for compensation that involve a fiduciary relationship except for 

the practice of medicine. 

0 Permit their names to be used by any such firm or other entity. 

0 Practice a profession for compensation that involves a fiduciary relationship 

except for the practice of medicine. 

0 Serve for compensation on the board of directors of any association, corporation, or other entity. 

0 Receive compensation for teaching without prior notification and approval. 

Manual § 1099. 

§ 18. Acts Committed in a Prior Congress or Before Becoming a 

Member 

Under clause 3(b)(3) of rule XI, the Committee on Ethics may not investigate an alleged violation of a law, rule, regulation, or standard of conduct that was not in effect at the time of the alleged violation. Also excepted 

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§ 18 HOUSE PRACTICE

vious Congress unless the committee determines that such matters were directly related to an alleged violation that occurred in a more recent Congress. Manual § 806. 

Historically, it has been within the prerogative of the House to censure 

a Member for misconduct occurring in a prior Congress, notwithstanding the 

reelection of such Member. Deschler Ch 12 § 16. However, the question 

whether the offense was known to such Member’s constituency at the time 

of the election is a factor to be considered. 2 Hinds § 1286. Thus, in 1976 

the House adopted the recommendation of the committee that a Member be 

reprimanded for certain conduct occurring during prior Congresses that involved financial irregularities but declined to recommend punishment for 

prior conflict-of-interest conduct that had occurred in 1961, where such conduct had apparently been known to a constituency that had continually reelected him. H. Res. 1421, H. Rept. 94-1364, In re Sikes, July 29, 1976, 

p 24379. 

The House has asserted jurisdiction under article I, section 5 of the 

Constitution to inquire into the misconduct of a Member occurring before 

his last election and to impose at least those sanctions short of expulsion. 

H. Res. 378, H. Rept. 96-351, In re Diggs, July 31, 1979, p 21584; 2 Hinds 

§ 1283. In one case, the committee investigated violations of Federal election laws that allegedly occurred before the respondent became a Member. 

H. Rept. 105-797, In re Kim. 

Expulsion thus far has been applied to Members only with respect to 

offenses occurring during their terms of office and not to action taken by 

them before their election. Deschler Ch 12 § 13. A resolution calling for the 

expulsion of a Member was reported adversely by the committee and tabled 

by the House, where the Member had been convicted of bribery under California law for acts occurring while he served as a county tax assessor and 

before his election to the House. The committee found that although the 

conviction related to moral turpitude, it did not relate to official conduct 

while a Member of Congress. H. Res. 1392, H. Rept. 94-1478, In re 

Hinshaw, Sept. 8, 1976, p 29274, Oct. 1, 1976, p 35111. 

If a Member’s term of office expires before a pending resolution of expulsion against such Member is adopted, the proceedings are discontinued. 

2 Hinds § 1276. 

519 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 19 

C. Nature and Forms of Disciplinary Measures 

§ 19. In General 

Kinds of Disciplinary Measures 

The primary disciplinary measures that may be invoked by the House 

against a Member include expulsion, censure or reprimand, fines or other 

economic sanctions (such as reimbursement of the investigative costs of the 

committee), and deprivation of seniority or committee status. 

Reprimand is appropriate for serious violations, censure is appropriate 

for more-serious violations, and expulsion of a Member is appropriate for 

the most serious violations. Rule 24(g), Rules of the Committee on Ethics, 

112th Cong. 

Generally, the type of disciplinary measure invoked will depend on the 

nature of the offense charged. Where there are mitigating circumstances, the 

committee sometimes issues a public letter of reproval. See, e.g., H. Rept. 

100-526, In re Rose; H. Rept. 106-979, In re Shuster. This letter may include a direction to the Member to apologize. H. Rept. 101-293, In re Bates. 

The House itself may extract an apology from the offending Member. 2 

Hinds §§ 1650, 1657. 

Effect of Court Conviction or Pendency of Judicial Proceedings 

Under a former practice, where a Member had been convicted of a 

crime, the House would defer taking disciplinary action until the judicial 

processes had been exhausted. 6 Cannon § 238. Under the more recent practice, the House may choose—as it did in the 96th and 107th Congresses— 

to initiate disciplinary proceedings against a Member for conduct even when 

that Member has not exhausted all of the appeals in the criminal process. 

H. Res. 378, H. Rept. 96-351, In re Diggs, July 31, 1979, p 21584; H. Res. 

495, H. Rept. 107-594, In re Traficant, July 24, 2002. p 14299. Although 

a criminal conviction may be appealed, such a course of action and its outcome have no bearing on either the timing or the nature of the decision 

reached by the House. H. Rept. 100-506, In re Biaggi. 

Clause 10 of rule XXIII provides that a Member who is convicted of 

a crime for which a prison sentence of two or more years could be imposed 

should refrain from committee business and from voting in the House until 

judicial or executive proceedings reinstate the Member’s presumption of innocence or until reelection to the House after conviction. Manual § 1095. 

520 

§ 19 HOUSE PRACTICE

Resolutions and Reports 

A resolution proposing disciplinary action against a Member may be 

called up in the House as a question of privilege. Manual § 703; 2 Hinds 

§ 1254; 3 Hinds §§ 2648-2651. Where the Committee on Ethics after investigation recommends that disciplinary action be taken against a Member by 

the House, it normally files a privileged report with a form of resolution 

proposing the action. However, where the committee finds an allegation 

without merit or issues a lesser sanction, such as a letter of reproval, the 

committee files its report for the information of the House without an accompanying resolution. Where a Member is defeated (including in a primary), the committee may choose to report violations to the House at the 

end of the Congress without recommending sanctions. H. Rept. 105-797, In 

re Kim. 

Under clause 3(a) of rule XI, the committee may recommend to the 

House from time to time such administrative actions as it may consider appropriate to establish or enforce standards of official conduct. However, a 

letter of reproval or other administrative action of the committee that resulted from an investigation under clause 3(a)(2) may be implemented only 

as a part of its report to the House. The rule also requires that the committee 

report to the House on the final disposition of any case it has voted to investigate. Manual § 806. 

A resolution adopting a committee report may be offered as follows: 

Resolved, That the House of Representatives adopt the report by the 

Committee on Ethics dated lllll in the matter of Representative 

lllll. 

Consideration and Debate 

A disciplinary resolution presents a question of privilege. Manual § 63. 

If reported by the Committee on Ethics (or a derivation thereof), a disciplinary resolution may be called up at any time after the committee has filed 

its report. Manual § 63. An unreported resolution may be called up by any 

Member as privileged under rule IX with proper notice (or by the Majority 

or Minority Leader without notice). Manual § 703; 3 Hinds § 2649; 108-2, 

Oct. 8, 2004, p 22734; 109-2, Sept. 29, 2006, p 21334; 110-1, June 5, 2007, 

p 14600; 111-2, Apr. 14, 2010, p ll. 

Clause 2(a)(16) of rule IV permits an accused Member to be accompanied by counsel on the floor of the House when the committee’s recommendation on such Member’s case is under consideration by the House. 

Manual § 678. 

521 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 19 

Debate on a disciplinary resolution reported by the committee is under 

the hour rule, the chair of the committee being recognized for the entire 

hour. 8 Cannon § 2448; Deschler Ch 12 § 16. Debate on a resolution raising 

a question of the privileges of the House (which may include a disciplinary 

resolution) offered from the floor under rule IX also is debatable for one 

hour but the hour is equally divided between the proponent and the Majority 

Leader, Minority Leader, or a designee. Manual § 699. 

The manager of a disciplinary resolution may yield time to the Member 

charged to speak or to yield to other Members. 107-2, July 24, 2002, p 

14309. In one instance the Member charged, after declining to speak, yielded all of his time to another Member. 96-1, July 31, 1979, p 21584. 

A Member whose expulsion is proposed may be permitted to present 

a written defense. 2 Hinds § 1273. However, if the previous question is 

moved on a proposition to censure, the effect may be to prevent the Member 

charged from making an explanation or presenting a defense. After the 

House has voted to censure, it is too late for the Member to be heard on 

the resolution itself. 2 Hinds § 1259; 5 Hinds § 5459. 

Debate on a pending privileged resolution recommending disciplinary 

action against a Member necessarily may involve personalities. However, 

clause 1 of rule XVII still prohibits the use of language that is personally 

abusive or profane. During the actual pendency of such a resolution, a 

Member may discuss a prior case reported to the House by the Committee 

on Ethics for the purpose of comparing the severity of the sanction recommended in that case with the severity of the sanction recommended in 

the pending case, provided that the Member does not identify, or discuss 

the details of the past conduct of, a sitting Member. Manual § 361. 

The Speaker also has advised that Members should refrain from references in debate to the motivations of a Member who filed a complaint 

before the Committee on Standards of Official Conduct (now Ethics), to personal criticism of a member of the committee, and to an investigation undertaken by the committee, including the suggestion of a course of action or 

the advocacy of an interim status report by the committee. Manual § 361. 

Because an accurate record of disciplinary proceedings is important, the 

House may agree by unanimous consent to ban revisions or extensions of 

remarks delivered during the floor debate. Compare 96-2, May 29, 1980, p 

12661, with 107-2, July 24, 2002, p 14319 (general leave granted). 

It is for the House and not the Speaker to judge the conduct of Members. It is, accordingly, not a proper parliamentary inquiry to ask the Chair 

to interpret the application of a criminal statute to a Member’s conduct. 

Manual § 1095. 

522 

§ 20 HOUSE PRACTICE

Effect of Resignation 

The resignation of a Member at a time when expulsion proceedings 

against such Member are pending generally results in the suspension or discontinuance of the proceedings. 2 Hinds § 1275; 6 Cannon § 238. Similarly, 

where a Member resigns after having been found guilty of improper conduct 

(and deserving of censure) by a committee of investigation, the House may 

discontinue the proceeding. 6 Cannon § 398. However, the House may adopt 

a resolution censuring such conduct even after the resignation has been submitted. 2 Hinds §§ 1239, 1273, 1275. 

§ 20. Expulsion 

The House has the power under the Constitution to expel a Member 

by a two-thirds vote. U.S. Const. art. I, § 5, cl. 2. The discretionary power 

of the House to expel one of its Members has been said to be unlimited. 

6 Cannon § 78. However, the House has consistently refused to expel a 

Member for acts unrelated to status as a Member or to public trust and duty. 

H. Rept. 56-85; 1 Hinds § 476. In 1976 an expulsion resolution was reported 

adversely and tabled by the House where a Member had been convicted of 

bribery under State law for acts occurring before his election to the House, 

because the conviction did not relate to his official conduct while a Member 

of Congress. Deschler Ch 12 § 13.1. 

The power to expel extends to all cases where the offense is such as 

to be inconsistent with the trust and duty of the Member. In re Chapman, 

166 U.S. 661, 669 (1897). The purpose of expulsion is not merely to provide punishment but also to remove a Member whose character and conduct 

demonstrate an unfitness to participate in the deliberations and decisions of 

the House and whose presence in it tends to bring that body into contempt 

and disgrace. 2 Hinds § 1286. The fundamental governing consideration underlying expulsion proceedings is whether the individual charged has displayed conduct inconsistent with the trust and duty of a Member. In re 

Chapman, 166 U.S. 661, 669 (1897). 

The House has considered proposals to expel on several occasions. Expulsion was used during the Civil War against three Members charged with 

being in rebellion against the United States or with having taken up arms 

against it. 2 Hinds §§ 1261, 1262. More recently, the House expelled a 

Member who had been convicted in a Federal court of bribery and conspiracy in accepting funds to perform official duties. H. Res. 794, H. Rept. 

96-1387, In re Myers, Oct. 2, 1980, p 28953. The Committee on Standards 

of Official Conduct (now Ethics) recommended the expulsion of two Members who had, among other acts of misconduct, accepted illegal gratuities. 

523 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 21 

H. Rept. 97-110, In re Lederer; H. Rept. 100-506, In re Biaggi. Both cases 

terminated with the Members’ resignations. 

In 2002 the House expelled a Member for illegal activities that resulted 

in Federal criminal convictions including (1) trading official acts and influence for things of value; (2) demanding and accepting salary kickbacks from 

his congressional employees; (3) influencing a congressional employee to 

destroy evidence and to provide false testimony to a Federal grand jury; (4) 

receiving personal labor and the services of his congressional employees 

while they were being paid by the taxpayers to perform public service; and 

(5) filing false income tax returns. H. Res. 495, H. Rept. 107-594, In re 

Traficant, July 24, 2002, p 14299. 

Following the expulsion of a Member, the Clerk notifies the Governor 

of the relevant State of the action of the House. 107-2, July 24, 2002, p 

14319. 

There have been many instances in which an expulsion proposal considered in the House has failed, either because it was not supported by a twothirds vote or because the House preferred some lesser penalty. This has occurred where a Member was charged with: 

0 Publishing an article alleged to be in violation of the privileges of the 

House. 2 Hinds § 1245. 

0 Abuse of the leave to print. 6 Cannon § 236. 

0 Involvement in an affray on the floor of the House. 2 Hinds § 1643. 

0 Assaulting a Senator. 2 Hinds § 1621. 

0 Uttering words alleged to be treasonable. 2 Hinds §§ 1253, 1254. 

0 Accepting money for nominating a person to the military academy. 2 Hinds 

§ 1274. 

0 Attempting to bribe Members of Congress by offering them shares of stock 

at sums below their actual value. 2 Hinds § 1286. 

0 Assaulting another Member for words spoken in debate. 2 Hinds § 1656. 

0 Using offensive language toward another Member on the floor and deceiving the Speaker when the Speaker attempted to control the debate. 2 

Hinds § 1251. 

0 Seeking improper dismissal of parking tickets and making misstatements of 

fact in a memorandum relating to an associate’s criminal probation 

record. H. Res. 440, H. Res. 442, H. Rept. 101-610, In re Frank, July 

26, 1990, pp 19705, 19717. 

§ 21. — Procedure; Resolutions of Expulsion 

Generally; Form 

Expulsion proceedings may be initiated by the introduction of a resolution containing explicit charges, as follows: 

524 

§ 22 HOUSE PRACTICE

Whereas, the Hon. lllllll, a Member of the House of Representatives from the State of lllllll, has, upon this 

day lllllll: Therefore, be it 

Resolved, That the said lllllll, be, and is hereby, expelled 

from the House of Representatives. 

2 Hinds §§ 1254, 1261, 1262. 

Under the more recent practice, allegations of misconduct have not been 

included in the resolution as reported from the Committee on Ethics but 

rather in the accompanying report: 

Resolved, That pursuant to article I, section 5, clause 2 of the United 

States Constitution, Representativelllllll, be, and is hereby, expelled from the House of Representatives. 

H. Res. 495, H. Rept. 107-594, In re Traficant, July 24, 2002, p 14300. 

The resolution should be limited in its application to one Member only, 

although several may be involved. Separate resolutions should be prepared 

on each Member. Deschler Ch 12 § 13. 

A resolution proposing expulsion may provide for a committee to investigate and report on the matter. Referral of such a resolution normally is 

made to the Committee on Ethics. Deschler Ch 12 § 13. The resolution is 

subject to the motion to lay on the table. Manual § 63. 

Under the Constitution, a resolution of expulsion requires the support 

of two-thirds of those Members present and voting. An amendment proposing expulsion may be agreed to by a majority vote; but, on the proposition as amended, a two-thirds vote is required. 2 Hinds § 1274. An amendment providing for censure is not germane to a resolution of expulsion. 6 

Cannon § 236 (distinguishing 5 Hinds § 5923). 

§ 22. Censure; Reprimand 

Generally 

Censure and reprimand are two other forms of discipline that may be 

administered pursuant to article I, section 5, clause 2 of the Constitution, 

which authorizes the House to punish a Member for disorderly behavior. 

Manual § 62. These punitive measures are ordered in the House by a majority of those voting, a quorum being present. The House itself must order 

the sanction. The Speaker does not have the unilateral authority to censure 

a Member. Deschler Ch 12 § 16. 

During its history, the House has censured or reprimanded numerous 

Members and Delegates. The House on occasion has made a distinction between censure and reprimand, the latter being somewhat less punitive. Censure is administered by the Speaker to the Member at the bar of the House, 

525 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 23 

perhaps in a manner specified in the resolution, including the reading of the 

censure resolution. See, e.g., 96-1, July 31, 1979, p 21592; 96-2, June 10, 

1980, p 13820; 111-2, Dec. 2, 2010, p ll. On the other hand, reprimand 

is administered to the Member merely by the adoption of a committee report. Deschler Ch 12 § 16; 105-1, Jan. 21, 1997, p 459. In one recent case, 

the House chose to adopt a resolution offered from the floor as a question 

of the privileges of the House ‘‘disapproving’’ of the indecorous behavior 

of a Member. 111-1, H. Res. 744, Sept. 15, 2009, p ll. 

If necessary, the Member to be censured may be arrested and brought 

to the bar for the Speaker’s pronouncement. 2 Hinds §§ 1251, 1305. The 

censure appears in full in the Journal. 2 Hinds § 1656; 6 Cannon § 236. In 

rare instances, the House has reconsidered a vote of censure or expunged 

a censure from the Journal of a preceding Congress. 2 Hinds § 1653; 4 

Hinds §§ 2792, 2793. 

§ 23. — Grounds; Particular Conduct 

The conduct for which censure may be imposed is not limited to acts 

relating to the Member’s official duties. The power to censure extends to 

any reprehensible conduct that brings the House into disrepute. Deschler Ch 

12 § 16. 

Many early cases of censure involved the use of unparliamentary language (2 Hinds §§ 1247-1249, 1251, 1305), assaults on a Member or Senator 

(2 Hinds §§ 1621, 1656), or insults to the House by the introduction of offensive resolutions (2 Hinds §§ 1246, 1256). During the Civil War, some 

Members whose sympathies lay with the Confederacy were censured for uttering treasonable words. 2 Hinds §§ 1252-1254. Censure was also invoked 

on the basis of evidence of corrupt acts by a Member. 2 Hinds §§ 1239, 

1273, 1274, 1286. 

More recent cases have seen censure or reprimand invoked against a 

Member for: 

0 Ignoring the processes and authority of the New York State courts, and improperly using government funds. Deschler Ch 12 § 16.1. Censure recommendation was rejected in favor of other penalties. § 1, supra. 

0 Failing to report certain financial holdings, in violation of the Code of Official Conduct, and investing in stock in a bank, the establishment of 

which he was promoting, in violation of the Code of Ethics for Government Service. H. Res. 1421, H. Rept. 94-1364, In re Sikes, July 29, 

1976, p 24377. 

0 Failing to report a campaign contribution as required by law. H. Res. 1415, 

H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p 37005. 

526 

§ 24 HOUSE PRACTICE

0 Failing to report a campaign contribution, converting a campaign contribution to personal use, and testifying falsely to the committee under oath. 

H. Res. 1416, H. Rept. 95-1743, In re Roybal, Oct. 13, 1978, p 37009. 

0 Unjust enrichment through increasing an office employee’s salary. H. Res. 

378, H. Rept. 96-351, In re Diggs, July 31, 1979, p 21584. 

0 Receiving money from a person with direct interest in legislation, in violation of clause 4 of rule XXIII and transferring campaign funds into office 

and personal accounts. H. Res. 660, H. Rept. 96-930, In re Wilson, June 

10, 1980, p 13801. 

0 Sexual misconduct with a page. H. Res. 265, H. Rept. 98-295, In re Studds, 

July 20, 1983, p 20030; H. Res. 266, H. Rept. 98-296, In re Crane, July 

20, 1983, p 20020. 

0 Filing false financial disclosure statements in violation of the Ethics in 

Government Act. H. Res. 558, H. Rept. 98-891, In re Hansen, July 31, 

1984, p 21650. 

0 ‘‘Ghost voting,’’ improperly diverting government resources, and maintaining a ‘‘ghost employee’’ on his staff. H. Res. 335, H. Rept. 100-485, 

In re Murphy, Dec. 18, 1987, p 36266. 

0 Seeking improper dismissal of parking tickets and for misstating facts in 

a memorandum relating to an associate’s criminal probation record. H. 

Res. 440, H. Rept. 101-610, In re Frank, July 26, 1990, p 19717. 

0 Using official resources to solicit funds for an educational center, failing 

to file complete financial disclosure forms, and failing to pay taxes on 

certain property. H. Res. 1737, H. Rept. 111-661, In re Rangel, Dec. 2, 

2010, p ll. 

§ 24. — Censure Resolutions 

Generally 

The censure of a Member is imposed pursuant to a resolution adopted 

by the House. Deschler Ch 12 § 16. The resolution may take the following 

form: 

Resolved, That the Member from llllll, llllll, 

in llllllllll has been guilty of a violation of the rules and 

privileges of the House and merits the censure of the House for the same. 

Resolved, That said lll be now brought to the bar of the House by 

the Sergeant-at-Arms, and the censure of the House be administered there 

by the Speaker. 

2 Hinds § 1259. 

The resolution may call for direct and immediate action by the House. 

Deschler Ch 12 § 16. Such a resolution should be drafted to apply to only 

one Member, although two or more Members may be involved. 2 Hinds 

§§ 1240, 1621. 

527 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 25 

A resolution of censure presents a question of privilege. 3 Hinds 

§§ 2649-2651; 6 Cannon § 239. The Speaker may recognize a Member to 

offer a resolution of censure after the question on agreeing to a resolution 

calling for expulsion has been decided adversely. 6 Cannon § 236. A resolution reported from committee may be adopted with an amendment converting the resolution from one of censure to one of a lesser sanction, such 

as reprimand. Deschler Ch 12 § 16.1; 95-2, Oct. 13, 1978, p 37009. 

Effect of Apologies or Explanations 

In situations involving censure for unparliamentary language or behavior, the House may accept an apology or explanation from the Member and 

terminate the proceedings. 2 Hinds §§ 1250, 1257, 1258, 1652. The resolution of censure may be withdrawn. 2 Hinds § 1250. If the House already 

has voted to censure, it may reconsider its vote and decide against censure. 

2 Hinds § 1653. 

§ 25. Fines; Restitution of Funds 

Pursuant to its constitutional authority to punish its Members, the House 

may levy a fine as a disciplinary measure against a Member for certain misconduct. U.S. Const. art. I, § 5, cl. 2; Deschler Ch 12 § 17. The fine may 

be coupled with certain other disciplinary measures deemed appropriate by 

the House. Examples of such fines include the following: 

0 For improper expenditure of House funds for private purposes, a fine of 

$25,000, to be deducted in monthly installments from the Member’s salary. 91-1, H. Res. 2, Jan. 3, 1969, p 29. 

0 For misuse of congressional clerk-hire, restitution of monies in the amount 

in which the Member personally benefited by such misuse. H. Res. 378, 

H. Rept. 96-351, In re Diggs, July 31, 1979, p 21584. 

0 For a serious violation that, in the opinion of the Committee on Standards 

of Official Conduct (now Ethics), was more serious than one deserving 

reprimand but less serious than one deserving censure, reimbursement to 

the committee for the cost of conducting the investigation, which was 

$300,000. H. Res. 31, H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, p 

393. 

0 For failure to pay certain taxes, an order to pay restitution to the appropriate taxing authority and provide proof to the Committee of such payment. H. Res. 1737, H. Rept. 111-661, In re Rangel, Dec. 2, 2010, p 

ll. 

Fines imposed by the House are separate and distinct from those for 

which a Member might be liable under Federal law. 

528 

§ 26 HOUSE PRACTICE

§ 26. Deprivation of Status; Caucus Rules 

Seniority Status 

Deprivation of seniority status is a form of disciplinary action that may 

be invoked by the House against a Member under article I, section 5, clause 

2 of the Constitution. Thus, the House may reduce a Member’s seniority 

to that of a first-term Representative. Deschler Ch 12 § 18.2. The House 

may also reduce a Member’s committee seniority as a result of party discipline enforced through the Member’s party caucus. Deschler Ch 12 § 18.1. 

Members have also been removed from standing committees amid allegations of ethical misconduct. 109-2, June 16, 2006, p 11618. 

Committee Participation; Committee Chair 

The chair of a committee of the House may be subjected to a variety 

of disciplinary measures for misconduct in that capacity as chair. In one instance, a party caucus removed a Member from his position as chair of a 

committee based on a report disclosing certain improprieties concerning his 

travel expenses and clerk-hiring practices. Deschler Ch 12 § 9.2. The members of a committee may, consistent with the House rules, restrict a chair’s 

authority to appoint special subcommittees or transfer authority from the 

chair to the membership and the subcommittee chairs. Deschler Ch 12 

§§ 12.3, 12.4. The House, through the adoption of a resolution, may restrict 

the power of the chair to provide for funds for investigations by subcommittees. Deschler Ch 12 § 12.2. A resolution alleging that a Member willfully 

abused his power as chair of a committee investigating campaign finance 

improprieties by unilaterally releasing records of the committee in contravention of its rules, and expressing disapproval of such conduct, constitutes a question of the privileges of the House. 105-2, H. Res. 431, May 

14, 1998, p 9276. For examples of similar resolutions alleging abuse of the 

powers of a committee chair offered as questions of the privileges of the 

House, see 108-1, July 18, 2003, p 18698 and 110-1, Jan. 24, 2007, p 2139. 

Rule 25 of the rules of the Republican Conference requires the chair 

of any committee or subcommittee to step aside temporarily when indicted 

for a felony for which a prison sentence of two or more years could be imposed. Rule 26 imposes a similar requirement on a member of the leadership. Rule 27 imposes a more stringent requirement that the chair of any 

committee or subcommittee be replaced when censured by the House or 

convicted of a felony for which a prison sentence of two or more years 

could be imposed. Rules of the Republican Conference, 112th Cong. Rules 

48 through 51 of the rules of the Democratic Caucus impose similar stepVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00538 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
529 

CHAPTER 25—ETHICS; COMMITTEE ON ETHICS § 27 

aside requirements on its chairs or ranking minority members. Rules of the 

Democratic Caucus, 112th Cong. 

Under clause 10 of rule XXIII, a Member, Delegate, or Resident Commissioner who has been convicted by a court of record for the commission 

of a crime for which a prison sentence of two or more years could be imposed should refrain from participation in the business of each committee 

of which such individual is a member. 

Voting by a Member Convicted of Certain Crimes 

Under clause 10 of rule XXIII, a Member who has been convicted by 

a court of record for the commission of a crime for which a prison sentence 

of two or more years could be imposed should refrain from voting on any 

question in the House or the Committee of the Whole, unless or until judicial or executive proceedings result in reinstatement of the presumption of 

innocence or until reelection to the House after the date of such conviction. 

§ 27. Letter of Reproval 

A letter of reproval is a sanction the Committee on Ethics may impose 

by majority vote. Rule 24(c), Rules of the Committee on Ethics, 112th 

Cong. The committee may issue a letter of reproval as indicated in the following examples: 

0 For bringing discredit to the House with respect to a Member’s ongoing 

professional relationship with a former member of his staff, with respect 

to his campaign committee, and for violating House gift restrictions. H. 

Rept. 106-979, In re Shuster. 

0 For bringing discredit to the House by conduct in interacting with two female employees. H. Rept. 101-293, In re Bates. 

0 Where the committee cited mitigating circumstances. H. Rept. 100-526, In 

re Rose. 

A letter of reproval may direct the Member to apologize. Deschler Ch 12 

§ 13; H. Rept. 101-293, In re Bates. 

531 

Chapter 26 

Germaneness of Amendments 

A. GENERALLY

§ 1. Introduction 

§ 2. Germaneness Defined; Factors To Be Considered 

§ 3. Proposition to Which Amendment Must Be Germane 

§ 4. Tests of Germaneness 

§ 5. — Subject Matter 

§ 6. — Committee Jurisdiction 

§ 7. — Fundamental Purpose 

§ 8. — Accomplishing Result of Bill by Different Method 

§ 9. — Individual Proposition or Class Not Germane to Another 

§ 10. — General Amendments to Specific or Limited Propositions 

§ 11. — Specific Amendments to General Propositions 

§ 12. — Adding to Two or More Propositions 

§ 13. Appropriation Bills 

B. APPLICATION OF RULE TO PARTICULAR FORMS OF

AMENDMENT

§ 14. In General 

§ 15. Amendments to Particular Portion of Bill 

§ 16. Adding New Section or Title 

§ 17. Striking Text 

§ 18. Substitute Amendments 

§ 19. Committee Amendments 

§ 20. Recommittals; Instructions to Committees 

C. AMENDMENTS IMPOSING QUALIFICATIONS OR LIMITATIONS

§ 21. In General; Exceptions or Exemptions 

§ 22. Conditions or Qualifications 

§ 23. Restrictions or Limitations 

§ 24. — Discretionary Powers 

§ 25. — Use of Funds 

§ 26. Postponing Effectiveness Pending Contingency 

532 

§ 1 HOUSE PRACTICE

D. RELATION TO EXISTING LAW

§ 27. Amendments to Bills Amending Existing Law 

§ 28. Amendments to Bills Repealing Existing Law 

§ 29. Amendments to Bills Incorporating Other Laws by Reference 

§ 30. Amendments to Bills Continuing or Extending Existing Laws 

§ 31. Amendments Changing Law to Bills Not Changing That Law 

E. HOUSE-SENATE RELATIONS

§ 32. Senate Germaneness Rules 

§ 33. Motions to Instruct Conferees 

§ 34. Senate Provisions in Conference Reports and in Amendments in 

Disagreement 

§ 35. Amendments to Senate Amendments 

F. PROCEDURAL MATTERS; POINTS OF ORDER

§ 36. In General 

Research References 

5 Hinds §§ 5801-5924 

8 Cannon §§ 2908-3064 

Deschler-Brown Ch 28 

Manual §§ 467, 928-940, 1089 

A. Generally 

§ 1. Introduction 

Evolution of Rule 

The House adopted its first germaneness rule in 1789, amended it in 

1822, and has retained the rule in every subsequent Congress. Clause 7 of 

rule XVI states that no motion or proposition on a ‘‘subject different from 

that under consideration shall be admitted under color of amendment.’’ 

Manual § 928. 

It is a fundamental rule of the House that a germane relationship must 

exist between an amendment and the matter sought to be amended. No such 

rule existed under the practice of the early common law or under the rules 

of Parliament. It was not until 1883 that the British Parliament adopted a 

rule requiring ‘‘relevancy’’ of amendments. Erskine-May, 9th ed., p 325. 

Most State legislatures now also have germaneness requirements. 

533 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 2 

Before the advent of a germaneness requirement, a legislative assembly 

could by an amendment change the entire character of any bill or other 

pending proposition. It might entirely displace the original subject under 

consideration, and in its stead adopt one wholly foreign to it, both in form 

and in substance. 5 Hinds § 5825; Deschler-Brown Ch 28 §§ 1, 17.2; 105- 

2, Dec. 19, 1998, p 28102. Thus, the purpose of the rule is to maintain an 

orderly legislative process, and to prevent hasty and ill-considered legislation. It prevents the presentation to the House of propositions that might not 

reasonably be anticipated, and for which it might not be properly prepared. 

8 Cannon § 2993. 

Application of Rule Limited to Amendments 

The germaneness rule applies to amendments and not to the relationship 

between the various propositions set forth within the bill itself. 5 Hinds 

§ 6929; Deschler-Brown Ch 28 § 1. A bill may be composed in the first instance to embrace different subjects. The germaneness rule may preclude the 

introduction of a new subject by way of amendment during consideration 

of the bill. 5 Hinds § 5825. For example, a point of order will not lie against 

an appropriation in a general appropriation bill because it is not germane 

to the rest of the bill. Deschler-Brown Ch 28 § 17.1. 

A point of order will not lie against a special order of business reported 

from the Committee on Rules ‘‘self-executing’’ the adoption in the House 

or in the Committee of the Whole of a nongermane amendment to a measure because the amendment is not separately before the House during consideration of the special order of business. Manual § 928. For a discussion 

of the germaneness of amendments to special orders of business reported 

from the Committee on Rules, see § 3, infra. 

Application Before Adoption of Rules 

The germaneness requirement has been held applicable in the House 

even before the adoption of the rules, under a theory of general parliamentary law based upon precedent. Manual § 60. 

§ 2. Germaneness Defined; Factors To Be Considered 

In General 

For an amendment to be germane, it must be one that would appropriately be considered in connection with the bill. 8 Cannon § 2993. The 

concept implies more than the mere ‘‘relevance’’ of one subject to another. 

The fact that two subjects are related does not necessarily render each of 

them germane to the other. 8 Cannon §§ 2970, 2971, 2995; Deschler-Brown 

Ch 28 § 3.57. The germaneness of an amendment may depend on the relVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00543 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
534 

§ 2 HOUSE PRACTICE

ative scope of the amendment compared with that of the proposition sought 

to be amended. A proposition of narrow or limited scope may not be 

amended by a proposition of a more general nature, even though both propositions may be related to each other. § 10, infra. For example, to a bill authorizing emergency loans to livestock producers, an amendment changing 

the word ‘‘livestock’’ to ‘‘agricultural’’ was held to broaden the class of 

producers covered by the bill and, therefore, to be not germane. DeschlerBrown Ch 28 § 9.27. 

Factors Considered in Determining Germaneness 

In evaluating an amendment to determine its germaneness, the Chair 

considers the relationship of the amendment to the pending text, as perfected. The Chair considers the relationship between the amendment and an 

existing statute that the pending bill seeks to amend only if the existing statute is so comprehensively amended by the pending bill as to render amendable all its provisions. Manual § 939; 8 Cannon § 2942; Deschler-Brown Ch 

28 § 12.10. The Chair considers the relationship of the amendment to the 

text to which it is offered and does not generally rely on language in accompanying reports not contained in the pending text. Deschler-Brown Ch 28 

§ 2.3. 

The stage of the reading in the House or Committee of the Whole also 

must be considered when evaluating the germaneness of a particular amendment. An amendment that might be considered germane if offered at the end 

of the reading of the bill for amendment may not be germane if offered during the reading, before all the provisions of the bill are open to consideration. Deschler-Brown Ch 28 § 18.1; § 3, infra. 

The germaneness of an amendment is not to be judged by the apparent 

motives of the Member offering it. Deschler-Brown Ch 28 § 46.1. In ruling 

on germaneness, the Chair does not determine the legal effect of the bill, 

law, or amendment in question. The Chair rules only on whether the amendment addresses a ‘‘subject different’’ from that under consideration. Deschler-Brown Ch 28 §§ 35.64-35.66. 

The title or heading of a bill is not controlling (although it may be informative) in evaluating the germaneness of amendments offered to propositions in the bill. The scope of a measure is determined by its provisions 

and not by the phraseology of its formal title. Deschler-Brown Ch 28 § 2.4. 

Thus, the heading of a portion of a bill as ‘‘Miscellaneous’’ will not alone 

permit amendments to that portion that are not germane to its actual content; 

but the provisions under such a heading may be sufficiently diverse to permit an amendment to be tested, in effect, by its germaneness to the bill as 

535 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 3 

a whole rather than merely that portion. Manual § 929; Deschler-Brown Ch 

28 § 2.5. 

§ 3. Proposition to Which Amendment Must Be Germane 

Generally 

The germaneness of an amendment is based on its relationship to the 

particular portion of the bill then open for amendment. The amendment 

should be germane to the particular paragraph, section, or title to which it 

is offered and not anticipate the subject matter of other portions not yet read 

or portions that have been passed in the reading. Manual § 929; 5 Hinds 

§§ 5811-5820; 8 Cannon § 2922; Deschler-Brown Ch 28 § 2. For example, 

the test of germaneness of an amendment offered to a title of a bill being 

read for amendment by titles is its relationship to the pending title as perfected and not to the particular section within that title addressed by the 

amendment. Manual § 929. 

The germaneness of an amendment inserting a new portion is based on 

the relationship of the amendment to the portions of the bill that have been 

read. For example, the germaneness of an amendment adding a new title 

to the end of the bill is based on the relationship of the amendment to the 

entire bill. Manual § 929. Similarly, an amendment inserting a new section 

need not necessarily be germane to the preceding section of the bill, it being 

sufficient that the amendment be germane to the sections of the bill read 

to that point. By the same reasoning, an amendment in the form of a new 

paragraph need not be germane to the paragraph immediately preceding or 

following it. Manual § 929; 8 Cannon §§ 2932-2935. 

Amendments to Pending Amendments 

The test of germaneness of an amendment to a pending amendment is 

its relationship to the pending amendment and not to the bill to which that 

pending amendment has been offered. Deschler-Brown Ch 28 § 2.24. It follows that the test of germaneness of a substitute for a pending amendment 

is the relationship between the substitute and the amendment and not between the substitute and the pending bill. Deschler-Brown Ch 28 § 2.17. 

Similarly, the test of germaneness of an amendment to an amendment in the 

nature of a substitute is the relationship between those two propositions, and 

not between the amendment and the pending bill. Deschler-Brown Ch 28 

§ 21.23. 

Consideration of Entire Bill 

An amendment might be germane at the end of the reading of the bill 

for amendment, even though it would not have been germane if offered durVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00545 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
536 

§ 3 HOUSE PRACTICE

ing the reading. Where a bill is, by unanimous consent, considered as read 

and open to amendment at any point, the test of germaneness of an amendment thereto is its relationship to the entire bill and not just its relationship 

to the particular section to which offered. Manual § 929; Deschler-Brown 

Ch 28 §§ 2.6, 2.31, 19.21. An amendment that adds a new portion at the 

end of the bill is evaluated by the relationship of the amendment to the entire bill. Manual § 929. 

The test of germaneness in the case of a motion to recommit with instructions is the relationship of the instructions to the perfected bill taken 

as a whole and not merely their relationship to the separate portion of the 

bill specifically proposed to be amended in the instructions. Manual § 929. 

Effect of Prior Amendments 

In evaluating the germaneness of an amendment, the Chair considers the 

relationship of the amendment to the bill as modified by the adoption of 

any prior amendment and is not bound solely by the provisions of the original text. Thus, a perfecting amendment may be ruled out as not germane 

where it pertains to text that has been stricken from the bill. Manual § 929; 

Deschler-Brown Ch 28 §§ 2.9, 2.13, 35.32. 

Effect of Pendency of Motion to Strike 

A perfecting amendment to a title in a bill may be offered while there 

is pending a motion to strike the title. Such an amendment is to the pending 

text and not to the motion to strike; and thus the amendment is required 

to be germane to the text to which offered rather than the motion to strike. 

Manual § 929. 

Amendments to Special Orders of Business Reported from the 

Committee on Rules 

An amendment offered to a special order of business reported from the 

Committee on Rules (for example, waiving germaneness points of order 

against a specified amendment to be offered) must be germane to that resolution. A special order of business reported from the Committee on Rules 

providing for the consideration of a bill relating to a certain subject may 

be amended neither by an amendment that would substitute the consideration of a different proposition nor an amendment that would permit the additional consideration of a nongermane amendment to the bill. Manual 

§ 928. 

537 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 4 

§ 4. Tests of Germaneness 

Generally; Nonexclusiveness of Tests 

Various tests may be invoked to determine the germaneness of an 

amendment. These tests are not mutually exclusive. Manual § 935. The 

Chair, in evaluating germaneness, first must understand the nature and scope 

of the pending portion of the proposition being amended and then the relationship of the offered amendment to that pending text. The Chair follows 

the most appropriate line of precedent in rendering a ruling. 

An amendment may satisfy one of the tests and yet be ruled out because of its failure to satisfy another. An amendment may thus be subject 

to a germaneness point of order, even though it is in some sense related 

to the pending proposition. 

This principle is illustrated in the following precedents: 

Held Not Germane 

Text Amendment 

Excluding a Member-elect. . . . Expelling the Member-elect (5 Hinds 

§ 5924) 

Expelling a Member. . . . Censuring the Member (6 Cannon 

§ 236) 

Relating to interstate commerce. . . . Relating to foreign commerce (8 

Cannon § 2918) 

Proposing a committee investigation. . . . Requesting a committee report (5 

Hinds § 5887) 

Assigning clerks to committees. . . . Assigning clerks to Members (5 

Hinds § 5901) 

Erecting a building for a mint. . . . Changing coinage laws (5 Hinds 

§ 5884) 

Raising price of agricultural products 

by creation of corporation. . . . 

Raising price by cooperative marketing (8 Cannon § 2912) 

Repealing a specific mortgage refinancing program. . . . Regulating financial sector employee 

compensation. (112-1, Mar. 10, 2011, 

p ll) 

Increasing food supplies by educational and demonstrational methods. . . . 

Increasing food supplies by sale of 

fertilizer (8 Cannon § 2980) 

538 

§ 5 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Enforcing State liquor laws. . . . Enforcing State firearm laws (Manual 

§ 932) 

§ 5. — Subject Matter 

Clause 7 of rule XVI precludes amendments ‘‘on a subject different 

from that under consideration.’’ This test of germaneness implies more than 

mere ‘‘relevance.’’ The test is whether or not a new subject is introduced 

by the amendment. An amendment relating to a subject to which there is 

no reference in the pending text may be subject to a point of order that it 

is not germane to the bill. Manual § 932; Deschler-Brown Ch 28 § 3; see 

also § 2, supra. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Creating a canal by one route. . . . Changing route (5 Hinds § 5909) 

Creating a board of inquiry. . . . Specifying time of report (5 Hinds 

§ 5915) 

Creating two boards with separate 

duties. . . . 

Creating one board with authorization 

to discharge the duties of both boards 

(8 Cannon § 3064) 

Rescinding an order for adjournment. . . . Fixing new date for adjournment (5 

Hinds § 5920) 

Regulating immigration. . . . Providing an educational test for immigrants (5 Hinds § 5873) 

Controlling public places in the District of Columbia. . . . Removing fence of Botanic Garden 

(5 Hinds § 5914) 

Appropriating funds for acquisition 

of information pertaining to agricultural products. . . . 

Appropriating funds for an investigation incident thereto (8 Cannon 

§ 3060) 

Authorizing the construction of naval 

vessels. . . . 

Providing that the vessels be constructed in government plants (8 Cannon § 3063) 

539 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 5 

Held Germane—Continued 

Text Amendment 

Revising food safety laws and providing new regulatory authorities. . . . Providing for the preemptive purchase of food related to such authorities (111-1, July 30, 2009, p ll) 

Addressing the interrelation of House 

committees and imposing requirements for filing and content of committee reports. . . . 

Addressing the content of reports 

from the Committee on Appropriations and the jurisdictional responsibilities of that committee and legislative committees (Deschler-Brown 

Ch 28 § 35.89) 

Ameliorating procedures relating to 

mortgage foreclosure under the National Housing Act. . . . 

Placing a moratorium on foreclosures 

of mortgages in economically depressed areas (Deschler-Brown Ch 28 

§ 3.36) 

Addressing certain sections of the 

Clean Air Act with respect to the impact of shortages of energy resources 

on standards imposed under that 

Act. . . . 

Addressing another section of that 

Act suspending for a temporary period the authority of the EPA Administrator to control automobile emissions (Manual § 932) 

Prescribing the functions of a new 

Federal Energy Administration and 

conferring wide discretionary powers 

on its Administrator. . . . 

Directing the Administrator to issue 

preliminary summer guidelines for 

citizen fuel use (Deschler-Brown Ch 

28 § 33.15) 

Requiring a general study of factors 

affecting domestic production of 

automobiles 

Requiring a study of a particular factor—currency exchange rates—affecting that production (Deschler-Brown 

Ch 28 § 10.6) 

Held Not Germane 

Text Amendment 

Admitting religious refugees. . . . Admitting political refugees (8 Cannon § 3047) 

Limiting immigration. . . . Disseminating information to attract a 

better class of immigrants (8 Cannon 

§ 3048) 

540 

§ 5 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Prohibiting mailing of revolvers. . . . Prohibiting mailing of publications 

advertising revolvers (8 Cannon 

§ 3052) 

Authorizing arbitration of claims 

against the government. . . . 

Appropriating funds to pay claims so 

arbitrated (8 Cannon § 3057) 

Eliminating wage discrimination 

based on the sex of the employee. . . . 

Eliminating discrimination based on 

race (Deschler-Brown Ch 28 § 3.18) 

Providing for comprehensive reform 

of immigration laws. . . . 

Increasing the number of law enforcement officials, including U.S. 

Marshalls (whose responsibilities go 

beyond enforcement of immigration 

laws) (109-2, Sept. 21, 2006, p 

18861) 

Authorizing the use of American civilians to operate an early-warning 

system in the Sinai. . . . 

Requiring that the U.S. contribution 

to the U.N. peace-keeping forces in 

the Middle East be proportionately 

reduced (Deschler-Brown Ch 28 

§ 3.47) 

Establishing a cotton research program and promoting the marketing of 

cotton. . . . 

Providing for research with respect to 

training and utilization of displaced 

farm labor in the cotton industry 

(Deschler-Brown Ch 28 § 3.5) 

Extending the phased subsidization of 

certain categories of nonprofit 

mail. . . . 

Establishing a new class of mail and 

postal rate therefor (Deschler-Brown 

Ch 28 § 9.54) 

Reducing tax liabilities of individuals 

and businesses by providing diverse 

tax credits within the Internal Revenue Code. . . . 

Providing rebates to recipients under 

retirement and survivor benefit programs (Deschler-Brown Ch 28 

§ 35.52) 

Governing the political activities of 

Federal employees and containing 

certain restrictions on Federal employment relative to such activities. . . . 

Prohibiting any employment or compensation, from whatever source, for 

candidates for office (DeschlerBrown Ch 28 § 9.50) 

Addressing access to committee hearings and meetings. . . . Addressing committee staffing 

(Deschler-Brown Ch 28 § 35.91) 

541 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 5 

Held Not Germane—Continued 

Text Amendment 

Addressing the administrative structure of a new department. . . . Prohibiting the department from 

withholding funds to carry out certain 

objectives (Deschler-Brown Ch 28 

§ 34.25) 

Providing for the settlement of tribal 

claims. . . . 

Setting new fuel procurement objectives for Federal agencies (110-2, 

June 25, 2008, p 13755) 

During consideration of one of two 

reconciliation bills reported by the 

Committee on the Budget. . . . 

Changing prospectively and indirectly 

the other reconciliation bill not then 

pending before the House (Manual 

§ 932) 

Reauthorizing the National Sea Grant 

College Program. . . . 

Amending existing law to provide for 

automatic continuation of appropriations in the absence of timely enactment of a regular appropriation bill 

(Manual § 932) 

Opposing concessional loans to a 

country and outlining principles governing the conduct of industrial cooperation projects of U.S. nationals in 

that country. . . . 

Waiving other provisions of law by 

requiring changes in tariff schedules 

to achieve overall trade reciprocity 

between that country and the United 

States (Manual § 932) 

Authorizing the deployment of troops 

to implement a peace agreement. . . . 

Expressing support for the armed 

forces in carrying out such mission 

(Manual § 932) 

Addressing enforcement of State liquor laws. . . . Addressing enforcement of State firearm laws (Manual § 932) 

Proposals Relating to Studies 

To a proposal authorizing a program to be undertaken, an amendment 

providing for a study to determine the feasibility of undertaking such a program may be germane. Deschler-Brown Ch 28 § 30.37 (in effect overturning 

8 Cannon § 2989). Conversely, an amendment requiring certain action is not 

germane to a proposal that would merely require a study. Accordingly, to 

a proposition establishing a commission to study a matter, an amendment 

directing an official to undertake and accomplish that matter is not germane. 

Deschler-Brown Ch 28 § 3.69. However, if an amendment to a proposal to 

study a matter merely requires the submission of proposed legislation to imVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00551 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
542 

§ 6 HOUSE PRACTICE

plement the study, the amendment may be germane. Deschler-Brown Ch 28 

§ 3.14. 

§ 6. — Committee Jurisdiction 

Generally 

Committee jurisdiction over the subject of an amendment is a relevant 

test to be applied in determining the germaneness of that amendment. Manual § 934; Deschler-Brown Ch 28 § 4. Thus, to a bill providing agricultural 

price supports to stimulate domestic production, an amendment repealing 

price control for all commodities (within the jurisdiction of the Committee 

on Banking and Currency) would not be germane. Manual § 934. Similarly, 

an amendment changing the statement of policy contained in a bill is not 

germane if its effect is to fundamentally change the purpose of the bill and 

to emphasize a subject within the jurisdiction of another committee. Deschler-Brown Ch 28 § 4.11. Likewise, an amendment conferring authority on 

an executive official not mentioned in the pending proposition is not germane where the subject of that authority is not within the jurisdiction represented in the pending proposition. Manual § 934. 

The chair of the Committee of the Whole may determine the germaneness of an amendment based upon the discernible committee jurisdictions 

as to subject matter without infringing upon the Speaker’s prerogatives 

under rule XII to determine committee jurisdiction over introduced legislation. Deschler-Brown Ch 28 § 4.71. The fact that the amendment is contained in a motion to recommit the bill with instructions does not dispense 

with the requirement that the subject matter of the amendment be within the 

jurisdiction represented in the pending text. Manual § 930. 

However, the fact that the subject matter of an amendment lies within 

the jurisdiction of a committee other than that having jurisdiction over the 

introduced bill does not necessarily dictate the conclusion that the amendment is not germane. Committee jurisdiction is but one of the tests of germaneness. In ruling on the question, the Chair must take into consideration 

other factors, including the fact that the introduced bill may have been 

broadened or narrowed by amendment. Manual § 929. Where the bill is 

amended in Committee of the Whole to include matters within the jurisdiction of other committees, further similar amendments may be germane. 

Deschler-Brown Ch 28 § 4.54. The Chair also may take into account the fact 

that the portion of the bill being amended itself contains language related 

to the amendment that is not within the jurisdiction of the committee reporting the bill. Manual § 934. An amendment in the nature of a substitute may 

be in order even though an incidental portion of the amendment, if considVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00552 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
543 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 6 

ered separately, might be within the jurisdiction of another committee. 

Deschler-Brown Ch 28 § 30.36. 

Committee jurisdiction over the subject of an amendment is most relevant where the pending text is entirely within one committee’s jurisdiction 

and where the amendment falls within another committee’s purview. Deschler-Brown Ch 28 § 4.99. Thus, committee jurisdiction is a relevant test 

where an authorization bill that is solely within one committee’s jurisdiction 

is proposed to be amended by permanent changes of laws within another 

committee’s jurisdiction. Deschler-Brown Ch 28 § 24.1. Committee jurisdiction over the subject of an amendment may not be the most apt test of germaneness where the proposition being amended contains provisions so comprehensive as to overlap several committees’ jurisdictions. Manual § 934. 

This principle is illustrated in the following precedents: 

Held Not Germane 

Text Amendment 

A bill reported from the Committee 

on International Relations (now Foreign Affairs) dealing with humanitarian and evacuation assistance in 

South Vietnam. . . . 

Providing for payment of costs of 

settlement of evacuees in the U.S., a 

matter within the jurisdiction of the 

Committee on the Judiciary (Deschler-Brown Ch 28 § 4.52) 

A bill reported from the Committee 

on Armed Services containing diverse provisions relating to national 

defense policy, military procurement, 

and personnel. . . . 

Requiring reports on the Soviet 

Union’s compliance with its arms 

control commitments, a matter within 

the jurisdiction of the Committee on 

Foreign Affairs (Deschler-Brown Ch 

28 § 4.26) 

A bill within the jurisdiction of the 

Committee on Armed Services and 

the Committee on Foreign Affairs regarding the redeployment of U.S. 

troops and related diplomatic 

issues. . . . 

Proposing revisions to the Foreign Intelligence Surveillance Act, an act 

within the jurisdiction of the Committee on the Judiciary and the Permanent Select Committee on Intelligence (110-1, July 12, 2007, p 

18844) 

A bill reported from the Committee 

on Merchant Marine and Fisheries 

authorizing various activities of the 

Coast Guard. . . . 

Urging cooperation of other nations 

as to certain Coast Guard and military operations, a matter within the 

jurisdiction of the Committee on Foreign Affairs (Deschler-Brown Ch 28 

§ 4.46) 

544 

§ 6 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

A bill reported from the Committee 

on Natural Resources providing for a 

study of two rivers for inclusion in 

the National Wild and Scenic Rivers 

System. . . . 

Providing for comprehensive energy 

legislation within the jurisdiction of 

seven different committees (110-2, 

Sept. 10, 2008, p 18417) 

A bill reported from the Committee 

on Public Works and Transportation 

amending the Federal Water Pollution Control Act. . . . 

Amending the Clean Air Act (a statute within the jurisdiction of the 

Committee on Energy and Commerce) to regulate ‘‘acid rain’’ 

(Deschler-Brown Ch 28 § 4.3) 

A bill authorizing environmental research and development activities of 

an agency for two years. . . . 

Adding permanent regulatory authority by amending a law not within the 

jurisdiction of the committee reporting the bill (Deschler-Brown Ch 28 

§ 4.1) 

A bill relating to intelligence activities of the executive branch. . . . Effecting a change in the rules of the 

House by directing a committee to 

impose an oath of secrecy on its 

members and staff (Manual § 934) 

A bill reported from the Committee 

on Science and Technology (now 

Science, Space, and Technology) authorizing environmental research and 

development activities of an agency 

for two years. . . . 

Expressing the sense of Congress as 

to the agency’s regulatory and enforcement activity—a matter within 

the jurisdiction of another committee 

(Deschler-Brown Ch 28 § 4.2) 

A bill reported from the Committee 

on Interior and Insular Affairs designating certain wilderness areas in Oregon. . . . 

Providing unemployment and retraining entitlement payments to persons 

affected by such wilderness designations, a matter falling within the jurisdiction of other committees 

(Deschler-Brown Ch 28 § 4.8) 

A bill reported from the Committee 

on Agriculture providing a one-year 

price support for milk. . . . 

Relating to tariff duties on imported 

dairy products, a matter within the 

jurisdiction of the Committee on 

Ways and Means (Deschler-Brown 

Ch 28 § 4.74) 

545 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 6 

Held Not Germane—Continued 

Text Amendment 

A bill reported from the Committee 

on Public Works and Transportation 

relating to grants to State and local 

governments for local public works 

construction projects. . . . 

Providing grants to such governments 

to assist them in providing public 

services, a program within the jurisdiction of the Committee on Government Operations (Deschler-Brown Ch 

28 § 4.99) 

A bill reported from the Committee 

on Ways and Means providing taxes 

and tax incentives to conserve energy. . . . 

Precluding the purchase of fuel-inefficient automobiles by the government, a subject within the jurisdiction 

of the Committee on Government 

Operations (Deschler-Brown Ch 28 

§ 4.21) 

A bill reported from the Committee 

on Interstate and Foreign Commerce 

to conserve energy resources by regulating the production, allocation and 

use of those resources. . . . 

Reducing energy consumption by the 

Federal government by a reduced 

work-week for Federal civilian employees, a matter within the jurisdiction of the Committee on Post Office 

and Civil Service (Deschler-Brown 

Ch 28 § 4.13) 

A bill reported by the Committee on 

Ways and Means dealing only with 

import duties and quotas on 

sugar. . . . 

Eliminating all price support payments for sugar, a matter within the 

jurisdiction of the Committee on Agriculture (Deschler-Brown Ch 28 

§ 4.73) 

A bill reported from the Committee 

on International Relations (now Foreign Affairs) providing foreign economic assistance. . . . 

Providing foreign and domestic economic assistance, a matter within the 

jurisdiction of the Committee on 

Banking (Deschler-Brown Ch 28 

§ 3.46) 

A bill reported from the Committee 

on Energy and Commerce relating to 

mentally ill individuals. . . . 

Prohibiting certain uses of general 

revenue-sharing funds (a matter within the jurisdiction of another committee) in certain areas (DeschlerBrown Ch 28 § 4.104) 

546 

§ 6 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

A bill reported from the Committee 

on Education and Labor (now Education and the Workforce) authorizing a variety of civilian national 

service programs. . . . 

Establishing a contingent military 

service obligation (a matter within 

the jurisdiction of the Committee on 

Armed Services) (Manual § 934) 

A bill reauthorizing programs administered by two agencies within one 

committee’s jurisdiction. . . . 

Providing for authority that is more 

general in scope, affecting agencies 

within the jurisdiction of other committees (Manual § 934) 

A bill reported by the Committee on 

Transportation and Infrastructure reforming and privatizing Amtrak. . . . 

Rescinding previously appropriated 

funds for certain administrative expenses, a matter within the jurisdiction of the Committee on Appropriations (Manual § 934) 

A concurrent resolution expressing a 

sense of Congress with respect to the 

availability of public funds for expenses incurred in the evaluation of a 

problem. . . . 

Addressing legislative responses to 

that problem, within the jurisdiction 

of other committees (Manual § 934) 

A bill reported from the Committee 

on Government Reform and Oversight proposing to alter responsibilities of executive branch agencies 

under an existing law. . . . 

Proposing to extend the application 

of that law to entities of the legislative branch, a matter within the jurisdiction of the Committee on House 

Administration (Manual § 934) 

A resolution authorizing the deployment of troops to implement a peace 

agreement, within the jurisdiction of 

the Committee on International Relations. . . . 

Expressing support for the armed 

forces carrying out such mission, 

within the jurisdiction of both the 

Committees on Armed Services and 

International Relations (Manual 

§ 934) 

A bill comprehensively amending agricultural law and addressing some 

laws outside the jurisdiction of the 

Committee on Agriculture. . . . 

Proposing to extend an existing dairy 

compact and create three new dairy 

compacts, within the jurisdiction of 

the Committee on the Judiciary 

(Manual § 934) 

547 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 7 

§ 7. — Fundamental Purpose 

Another test used by the Chair in determining germaneness is one in 

which the fundamental purpose of the bill is compared with the fundamental 

purpose of the amendment. Manual § 933. If the purpose or objective of an 

amendment is unrelated to that of the bill to which it is offered, the amendment may be held not germane. 8 Cannon § 2911; Deschler-Brown Ch 28 

§ 4.10. This test is particularly applicable to an amendment in the nature of 

a substitute. Deschler-Brown Ch 28 § 5. If the purpose of a highway bill 

is to connect points A and B, an amendment specifying a different route 

between A and B would reflect the same fundamental purpose. However, 

an amendment connecting A and D would have a different purpose and 

would not be germane. 5 Hinds § 5909. 

An amendment changing the statement of policy contained in a bill is 

not germane if its effect is to fundamentally change the purpose of the bill. 

Deschler-Brown Ch 28 § 4.11. An amendment changing the law with respect 

to the operations of one agency is not germane to a bill relating to the operations of a different agency. Deschler-Brown Ch 28 § 5.24. 

In determining the fundamental purpose of a bill or an amendment offered thereto, the Chair may examine the broad scope of the bill and the 

stated purpose of the amendment and need not be bound by ancillary purposes that are merely suggested by the amendment. Manual § 933; DeschlerBrown Ch 28 § 5.12. An amendment in the form of a new title may be germane to a bill as a whole where that bill contains additional provisions not 

necessarily confined to the primary purpose, so long as the amendment falls 

within the overall parameters of the bill. Deschler-Brown Ch 28 § 5.20. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Authorizing funds to provide humanitarian and evacuation assistance and 

authorizing the use of United States 

troops to provide that assistance. . . . 

Authorizing funds for military aid to 

a foreign country to be used by that 

country to further the fundamental 

purpose of the bill (Deschler-Brown 

Ch 28 § 5.23) 

Enforcing the right to vote as guaranteed by the 15th amendment to the 

Constitution. . . . 

Protecting freedom of speech and 

other first amendment rights whose 

abridgment might affect the exercise 

of voting rights (Deschler-Brown Ch 

28 § 5.3) 

548 

§ 7 HOUSE PRACTICE

Held Germane—Continued 

Text Amendment 

Enforcing constitutional voting rights 

by requiring preservation of Federal 

election returns. . . . 

Providing for court appointment of 

voting referees to insure protection of 

voters’ rights (Deschler-Brown Ch 28 

§ 5.2) 

Criminalizing use of a firearm during 

the commission of a felony that may 

be prosecuted in a Federal 

court. . . . 

Criminalizing carrying of a firearm 

during the commission of a felony 

that may be prosecuted in either a 

State or Federal court (DeschlerBrown Ch 28 § 12.10) 

Providing an omnibus surface transportation authorization for highwayrelated projects as well as roadways. . . . Authorizing funds for certain highway projects that would incidentally 

permit completion of a related flood 

control project (Deschler-Brown Ch 

28 § 5.12) 

Authorizing the construction of a 

trans-Alaska oil-gas pipeline pursuant 

to procedural safeguards promulgated 

by the Secretary of the Interior. . . . 

Containing similar procedures and including the condition that all participants be assured rights against discrimination as set forth in the Civil 

Rights Act (Deschler-Brown Ch 28 

§ 5.1) 

Freezing the obligation of funds for 

fiscal year 1996 for missile defense 

until the Secretary of Defense rendered a specified readiness certification. . . . 

Permitting an increase in the obligation of such funds on the basis of 

legislative findings concerning readiness, as each proposition addressed 

the relationship between 1996 funding levels for missile defense and 

readiness (Manual § 933) 

Held Not Germane 

Text Amendment 

Proposing a constitutional amendment relating to the election of the 

President and Vice President by popular vote rather than through the electoral college process. . . . 

Proposing an apportionment of Representatives and concerning the size 

of congressional districts (DeschlerBrown Ch 28 § 8.12) 

549 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 7 

Held Not Germane—Continued 

Text Amendment 

Authorizing military assistance programs to foreign nations. . . . Authorizing a contribution to the 

U.N. International Atomic Energy 

Agency (Deschler-Brown Ch 28 

§ 42.52) 

Authorizing law enforcement agency 

grants to purchase photographic and 

fingerprint equipment for law enforcement purposes. . . . 

Providing for the purchase of bulletproof vests (Deschler-Brown Ch 28 

§ 3.78) 

Extending the advisory and informational authority of the Council on 

Wage and Price Stability to encourage voluntary programs to resist inflation. . . . 

Authorizing the President to issue orders and regulations stabilizing economic transfers, including wages and 

prices (Deschler-Brown Ch 28 § 6.20) 

Establishing a new office within a 

government department. . . . 

Abolishing the department (DeschlerBrown Ch 28 § 4.109) 

Enabling agencies of the government 

to formulate policies relating to energy conservation. . . . 

Prohibiting certain uses of fuel (for 

school busing) and imposing criminal 

penalties for such use (DeschlerBrown Ch 28 § 5.15) 

Extending various laws relating to 

higher education. . . . 

Imposing restrictions on preschool, 

elementary, and secondary education 

policy (Deschler-Brown Ch 28 

§ 35.58) 

Providing funding for urban highway 

transportation systems. . . . 

Broadening the bill to include rail 

transportation (Deschler-Brown Ch 

28 § 4.62) 

Requiring registration and public disclosure by lobbyists but not regulating or prohibiting their activities. . . . 

Regulating their activities by placing 

a ceiling on their monetary contributions to Federal officials and prohibiting lobbying within certain areas 

(Deschler-Brown Ch 28 § 5.31) 

Relating to the minting and issuance 

of public currency. . . . 

Providing for a commemorative coin 

intended for private circulation 

(Deschler-Brown Ch 28 § 5.27) 

Impeaching the President. . . . Censuring the President (Manual 

§ 933) 

550 

§ 8 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Authorizing a State attorney general 

to bring a civil action in Federal 

court against a person who has violated a State law regulating intoxicating liquor. . . . 

Singling out certain violations of liquor laws on the basis of their regard 

for any and all firearms issues (Manual § 933) 

Authorizing a State attorney general 

to bring a civil action in Federal 

court against a person who has violated a State law regulating intoxicating liquor. . . . 

Creating new Federal laws to regulate 

intoxicating liquor (Manual § 933) 

§ 8. — Accomplishing Result of Bill by Different Method 

In order to be germane, an amendment must not only have the same 

end as the matter sought to be amended, but also must contemplate a method of achieving that end that is closely allied to the method encompassed 

in the bill or other matter sought to be amended. Manual § 933; DeschlerBrown Ch 28 § 6.4. Under this principle, when a proposition to accomplish 

a certain purpose by one method is pending, an amendment seeking to 

achieve the same purpose by another closely related method is germane. 

Deschler-Brown Ch 28 § 5.14. For example, if the purpose of a bill is to 

support the health of school children by mandating oranges in a school 

lunch program, an amendment providing free vitamin C supplements may 

be germane. Likewise, a proposition to accomplish a certain result by two 

alternative methods may be amended by language proposing to accomplish 

that result by a third, closely related method. Deschler-Brown Ch 28 § 6.8. 

However, an amendment to accomplish a similar purpose by an unrelated 

method, not contemplated by the bill, is not germane. Deschler-Brown Ch 

28 § 6.4. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Accomplishing a result through regulation by an executive branch agency. . . . Achieving the same result through 

the use of another governmental entity (Deschler-Brown Ch 28 § 6.8) 

551 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 8 

Held Germane—Continued 

Text Amendment 

Conducting a broad range of programs involving energy sources, including environmental research related to the development of energy 

sources. . . . 

Authorizing the Council on Environmental Quality to evaluate environmental effects of energy technology 

(Deschler-Brown Ch 28 § 6.9) 

Providing loan guarantee programs 

for all States and subdivisions. . . . 

Providing direct loans (and limiting 

them to New York) (Deschler-Brown 

Ch 28 § 6.4) 

Subjecting employers who fail to apprise their workers of health risks to 

penalties under certain laws and regulations. . . . 

Subjecting employers to penalties 

prescribed in the amendment (Manual § 933) 

Freezing the obligation of funds for 

fiscal year 1996 for missile defense 

until the Secretary of Defense rendered a specified readiness certification. . . . 

Permitting an increase in the obligation of such funds on the basis of 

legislative findings concerning readiness, as each proposition addressed 

the relationship between 1996 funding levels for missile defense and 

readiness (Manual § 933) 

Held Not Germane 

Text Amendment 

Conserving energy through the imposition of civil penalties on manufacturers of low-miles-per-gallon automobiles. . . . Conserving energy through tax rebates to purchasers of high-miles-pergallon automobiles (Deschler-Brown 

Ch 28 § 6.12) 

Establishing an independent agency 

within the executive branch to accomplish a particular purpose. . . . 

Emphasizing committee oversight 

and authorizing committees to order 

the agency to take certain actions 

(Deschler-Brown Ch 28 § 6.36) 

Authorizing the Attorney General to 

participate in litigation based on discrimination in public facilities. . . . 

Establishing a Community Relations 

Service to assist in resolving disputes 

arising from discriminatory practices 

(Deschler-Brown Ch 28 § 9.11) 

552 

§ 9 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Authorizing the promulgation of national drinking water standards to 

protect public health from contaminants. . . . 

Requiring the negotiation and enforcement of international agreements 

to accomplish that purpose (DeschlerBrown Ch 28 § 6.25) 

Controlling crime through research 

and training. . . . 

Controlling crime through regulation 

of the sale of firearms (DeschlerBrown Ch 28 § 6.6) 

Extending unemployment compensation benefits during a period of economic recession. . . . Stimulating economic growth by tax 

incentives and regulatory reform 

(Manual § 933) 

Promoting technological advancement 

by fostering Federal research and development. . . . 

Promoting same by changes in tax 

and antitrust laws (Manual § 933) 

Providing financial assistance to domestic agriculture through a system 

of price support payments. . . . 

Protecting domestic agriculture by restricting imports in competition therewith (Deschler-Brown Ch 28 § 6.18) 

Addressing substance abuse through 

prevention and treatment. . . . 

Imposing civil penalties on drug dealers (Manual § 933) 

Impeaching the President. . . . Censuring the President (Manual 

§ 933) 

Authorizing a State attorney general 

to bring a civil action in Federal 

court against a person who has violated a State law regulating intoxicating liquor. . . . 

Singling out certain violations of liquor laws on the basis of their regard 

for any and all firearms issues (Manual § 933) 

Authorizing a State attorney general 

to bring a civil action in Federal 

court against a person who has violated a State law regulating intoxicating liquor. . . . 

Creating new Federal laws to regulate 

intoxicating liquor (Manual § 933) 

§ 9. — Individual Proposition or Class Not Germane to Another 

One individual proposition is not germane to another individual proposition. Manual § 936; 8 Cannon §§ 2951-2953, 2963-2966; Deschler-Brown 

Ch 28 §§ 8.23, 8.33. Thus, in theory, a bill regulating the transportation of 

apples could not be amended by language regulating the transportation of 

553 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 9 

oranges. However, if an individual proposition is rendered general in its 

scope by amendment, it is then subject to further amendment by propositions of the same class. 8 Cannon § 3003. 

An individual proposition is not germane to another individual proposition merely because they are related. Thus, to a bill amending one subsection of law dealing with one prohibited type of activity, an amendment 

to another subsection dealing with a related but separate prohibited type of 

activity is not germane. Deschler-Brown Ch 28 § 8.7. 

Where a bill covers two or more subjects within a readily definable 

class, it is not germane to add subjects outside of that class by way of 

amendment. Deschler-Brown Ch 28 § 3.80. Likewise, to a bill pertaining to 

several functions within an identifiable class of activity, an amendment adding a function outside that class would not be germane. Manual § 936. 

To a bill dealing with relief for one class, an amendment seeking to 

include another class is not germane. Deschler-Brown Ch 28 § 13.19. Thus, 

to a bill providing financial relief for one class—agricultural producers—an 

amendment was held not germane where it extended such relief to another 

class, commercial fishermen, particularly where relief to the latter class was 

within the jurisdiction of another committee. Deschler-Brown Ch 28 § 4.70. 

To a bill extending certain provisions to specified categories within a 

certain class of employees, an amendment extending those provisions to an 

additional category of employees within that same class is germane. Deschler-Brown Ch 28 § 12.1. However, such an amendment is not germane if 

it brings other classes of employees within the scope of the bill. DeschlerBrown Ch 28 § 13.1. 

This principle is illustrated in the following precedents: 

Held Not Germane 

Text Amendment 

Providing for the relief of one individual. . . . Providing for similar relief of another 

(5 Hinds §§ 5826-5929) 

Exterminating the boll weevil. . . . Including the gypsy moth (5 Hinds 

§ 5832) 

Providing a clerk for a committee. . . . Providing a clerk for another committee (5 Hinds § 5833) 

Providing for an additional judge in 

one territory. . . . 

Providing additional judges in other 

territories (5 Hinds § 5830) 

554 

§ 9 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Providing relief for dependents of 

persons in the Army. . . . 

Extending benefits to dependents in 

the National Guard (8 Cannon 

§ 2953) 

Pensioning veterans of Indian 

wars. . . . 

Pensioning veterans of Mexican wars 

(8 Cannon § 2960) 

Appropriating funds for only one 

year (and containing no provisions 

extending beyond that year). . . . 

Extending the appropriation to another year (Manual § 936; 8 Cannon 

§ 2913) 

Relating to congressional actions on 

the budget. . . . 

Repealing the Impoundment Control 

Act, thereby addressing Presidential 

authority to rescind or defer (Deschler-Brown Ch 28 § 4.89) 

Siting a certain type of repository for 

a specified kind of nuclear 

waste. . . . 

Prohibiting the construction at another site of another type of repository for another kind of nuclear waste 

(Manual § 936) 

Disposing of tin from the national 

stockpile. . . . 

Disposing of silver from the national 

stockpile (Deschler-Brown Ch 28 

§ 8.33) 

Providing financial assistance to the 

States for construction of public 

school facilities. . . . 

Providing loans to assist in the construction of private schools (Deschler-Brown Ch 28 § 8.39) 

Settling a particular railway labor dispute. . . . Settling another dispute between a 

different railroad company and its 

employees (Deschler-Brown Ch 28 

§ 8.34) 

Prohibiting a certain type of activity. . . . Including another class of prohibited 

activities (Deschler-Brown Ch 28 

§ 8.7) 

Designing certain coins. . . . Specifying the metal content of other 

coins (Deschler-Brown Ch 28 § 8.35) 

Regulating poll-closing time in Presidential general elections. . . . Extending the provisions to Presidential primary elections (DeschlerBrown Ch 28 § 8.13) 

555 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 9 

Held Not Germane—Continued 

Text Amendment 

Relating to the civil service system 

for Federal civilian employees. . . . 

Including other classes of employees 

(postal and District of Columbia employees) (Deschler-Brown Ch 28 

§ 8.4) 

Providing a cost-of-living adjustment 

for foreign service retirees. . . . 

Providing a comparable adjustment in 

annuities for Federal civil service employees (Deschler-Brown Ch 28 

§ 8.6) 

Determining the equitability of Federal pay practices under statutory systems applicable to agencies of the executive branch. . . . Extending the determination of fairness to pay practices in the legislative 

branch (Deschler-Brown Ch 28 

§ 13.8) 

Providing for payment from the Senate contingent fund of certain travel 

expenses incurred by Senate employees. . . . 

Providing additional travel allowances, payable from the House contingent fund, to Members of the 

House (Deschler-Brown Ch 28 

§ 13.7) 

Authorizing grants to States for purchase of one class of equipment 

(photographic and fingerprinting 

equipment) for law enforcement purposes. . . . 

Including assistance for the purchase 

of a different class of equipment 

(bulletproof vests) (Deschler-Brown 

Ch 28 § 8.37) 

Addressing violent crimes. . . . Addressing nonviolent crimes, such 

as crimes of fraud and deception or 

crimes against the environment (Manual § 936) 

Naming a facility after a specific person. . . . Substituting the name of a different 

person (8 Cannon § 2955) where it 

could not be shown that the amendment merely intended a return to the 

facility’s existing designation (105-2, 

Feb. 4, 1998, pp 784, 790) 

Addressing whether public funds 

should be available for specified endeavors of one group. . . . 

Addressing the same question for unrelated endeavors of another group 

(Manual § 936) 

556 

§ 10 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Altering responsibilities of executive 

branch agencies under an existing 

law. . . . 

Extending the application of that law 

to entities of the legislative branch 

(Manual § 936) 

Appropriating or authorizing appropriations for a single year and containing no provisions beyond that 

year. . . . 

Extending the authorization or appropriation for another year (Manual 

§ 936) 

Constitutional amendment on flag 

desecration. . . . 

Constitutional amendment on a Balanced Federal Budget or on the Social Security Trust Fund (109-1, June 

22, 2005, p 13539) 

§ 10. — General Amendments to Specific or Limited Propositions 

A specific proposition may not be amended by a proposition more general in scope. Manual § 937; 5 Hinds § 5843; 8 Cannon §§ 2997, 2998; 

Deschler-Brown Ch 28 § 9. Thus, an amendment applicable to fruits of all 

kinds would not be germane to a bill dealing only with apples. An amendment applicable to all departments and agencies is not germane to a bill limited in its application to certain departments and agencies. Deschler-Brown 

Ch 28 § 9.22. Even an amendment that merely strikes words from a bill may 

be ruled out if the amendment has the effect of broadening the scope of 

the bill. § 17, infra. 

A substitute for an amendment must be confined in scope to the subject 

of the amendment. Deschler-Brown Ch 28 § 9.42. Thus, an amendment rewriting an entire concurrent resolution on the budget was held not germane 

to a perfecting amendment that proposed certain changes in figures for one 

of the years covered by the resolution. Deschler-Brown Ch 28 § 9.38. 

This principle is illustrated in the following precedents: 

Held Not Germane 

Text Amendment 

Admitting a Territory. . . . Admitting several Territories (5 

Hinds § 5837) 

Relating to all corporations in interstate commerce. . . . Relating to all corporations (5 Hinds 

§ 5842) 

557 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 10 

Held Not Germane—Continued 

Text Amendment 

Applying proposition to one bureau 

of the Navy Department. . . . 

Applying proposition to the Navy 

Department as a whole (8 Cannon 

§ 2997) 

Prohibiting speculation in cotton. . . . Prohibiting speculation in cotton, 

wheat, and corn (8 Cannon § 3001) 

Designating a single National Historic Trail. . . . Altering regulations for all Historic 

Trails (110-2, July 10, 2008, p 

14584) 

Amending a law in one particular. . . . Repealing the law (5 Hinds § 5924; 8 

Cannon § 2949) 

Authorizing loans to farmers in certain areas. . . . Authorizing loans without geographical restriction (8 Cannon 

§ 3235) 

Terminating a specific mortgage refinancing program. . . . Authorizing a study of mortgages 

generally (112-1, Mar. 10, 2011, p 

ll) 

Authorizing foreign economic assistance to certain qualifying nations. . . . Requiring reports on human rights 

violations by all foreign countries 

(Deschler-Brown Ch 28 § 35.58) 

Restricting the use of funds for military operations in South Vietnam. . . . Extending that restriction to other 

countries in Indochina (DeschlerBrown Ch 28 § 9.48) 

Amending the Constitution to prohibit the U.S. or any State from denying persons 18 years of age or 

older the right to vote. . . . 

Requiring the U.S. and all States to 

treat persons 18 years and older as 

having reached the age of legal majority for all purposes under the law 

(Manual § 937) 

Criminalizing obstruction of court orders relating to desegregation of public schools. . . . Extending criminalization to all court 

orders (Deschler-Brown Ch 28 

§ 9.12) 

Relating to official conduct of Federal employees. . . . Relating to any criminal conduct of 

those officials (Deschler-Brown Ch 

28 § 9.49) 

558 

§ 10 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Extending the benefits of a Federal 

program to one class (public 

schools). . . . 

Extending the benefits to a broader 

category—all nonprofit institutions in 

depressed areas (Deschler-Brown Ch 

28 § 39.18) 

Amending existing law to promote 

economic development through financial assistance to local communities. . . . 

Requiring a study of the impact of all 

Federal, State, and local laws and 

regulations on employment opportunities (Deschler-Brown Ch 28 § 9.35) 

Addressing mental health. . . . Addressing a variety of public health 

programs (Deschler-Brown Ch 28 

§ 4.104) 

Suspending temporarily certain requirements of the Clean Air 

Act. . . . 

Suspending temporarily other requirements of all other environmental protection laws (Deschler-Brown Ch 28 

§ 4.5) 

Authorizing activities of certain government agencies for a temporary period. . . . 

Permanently changing existing law to 

cover a broader range of government 

activities (Manual § 937) 

Appropriating or authorizing funds 

for only one year. . . . 

Extending the appropriation or authorization to another year (DeschlerBrown Ch 28 § 9.2) 

Amending an existing law to authorize a program. . . . Restricting authorizations under that 

or any other act (Manual § 937) 

Striking from a bill one activity from 

those covered by the law being 

amended. . . . 

Striking an entire subsection of the 

bill, thereby eliminating the applicability of existing law to a number of 

activities (Manual § 937) 

Continuing funding within one executive department. . . . Addressing funding for other departments or addressing the compensation 

of all Federal employees (Manual 

§ 937) 

Relating to one aspect of Federal 

spending (U.S. contributions to an 

international financial institution). . . . 

Relating to the entire Federal budget, 

mandating that total outlays not exceed receipts (Deschler-Brown Ch 28 

§ 35.48) 

559 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 10 

Held Not Germane—Continued 

Text Amendment 

Appropriating funds for a program 

for one fiscal year. . . . 

Relating to eligibility for funding in 

any fiscal year (Deschler-Brown Ch 

28 § 15.24) 

Prohibiting the use of funds appropriated for a fiscal year for a specified purpose. . . . Prohibiting the use of funds appropriated for that or any prior fiscal 

year for an unrelated purpose (Deschler-Brown Ch 28 § 9.20) 

Proposing a temporary change in 

law. . . . 

Proposing permanent changes in that 

law (Manual § 937) 

Amending an authority of an agency 

under an existing law. . . . 

Expressing the sense of Congress on 

regulatory agencies generally (Manual § 937) 

Establishing an office in the Department of the Interior to manage biological information. . . . Addressing requirements of compensation for constitutional takings 

by other regulatory agencies (Manual 

§ 937) 

Waiving a requirement in existing 

law that an authorization be enacted 

before the obligation of certain 

funds. . . . 

Enacting by reference bills containing 

not only that authorization but also 

other policy matters (Manual § 937) 

Relating only to a certain appropriation account in a bill. . . . Relating not only to that account but 

also to funds in other acts (Manual 

§ 937) 

Raising an employment ceiling for 

one year. . . . 

Addressing in permanent law a hiring 

preference system for such employees 

(Manual § 937) 

Authorizing Federal funds for qualifying State national service programs. . . . Conditioning a portion of such funding on the enactment of State laws 

immunizing volunteers in nonprofit 

or public programs, generally, from 

certain legal liabilities (Manual 

§ 937) 

Addressing particular educational requirements imposed on educational 

agencies. . . . 

Addressing any requirements imposed on educational agencies by the 

underlying bill (Manual § 937) 

560 

§ 11 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Reauthorizing programs administered 

by the Economic Development Administration and the Appalachian Regional Commission. . . . 

Waiving any Federal regulation that 

would interfere with economic development (Manual § 937) 

Prohibiting a certain class of abortion 

procedures. . . . 

Prohibiting any or all abortion procedures (Manual § 937) 

Addressing a class of imported goods 

(those produced by forced 

labor). . . . 

Addressing all imported goods from 

one specified country (Manual § 937) 

§ 11. — Specific Amendments to General Propositions 

A general proposition may be amended by a specific proposition or one 

more limited in nature if within the same class. Manual § 938; 8 Cannon 

§§ 3002, 3009, 3012; Deschler-Brown Ch 28 § 10. Thus, a bill regulating 

the transportation of fruits of all kinds could be amended by language applicable specifically to oranges. Where a bill seeks to accomplish a general 

purpose by diverse methods, an amendment that adds a specific method to 

accomplish that result may be germane. Deschler-Brown Ch 28 § 6.47. Thus, 

to a bill authorizing a broad program of research and development, an 

amendment directing specific emphasis during the administration of that program was held germane. Deschler-Brown Ch 28 § 10.9. 

To a proposition conferring a broad range of authority to accomplish 

a particular result, an amendment granting specific authority to achieve that 

result is germane. Deschler-Brown Ch 28 § 10.10. 

An amendment defining a term in a bill may be germane so long as 

it relates to the bill (but may not rely on a relationship to a law being 

amended by the bill in aspects not the subject of the bill). Thus, to a bill 

clarifying the definition of persons or institutions under certain civil rights 

statutes, an amendment providing that the term ‘‘person’’ for the purpose 

of the bill shall include unborn children was held germane. Deschler-Brown 

Ch 28 § 10.1. 

This principle is illustrated in the following precedents: 

561 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 11 

Held Germane 

Text Amendment 

Appropriating a lump sum for rivers 

and harbors. . . . 

Designating specific projects on 

which a lump sum should be expended (8 Cannon §§ 3004, 3008) 

Providing for a decennial census of 

the entire population of the United 

States. . . . 

Relating to the alien population of 

the United States (8 Cannon § 3005) 

Authorizing a commission to report 

on the public domain. . . . 

Specifying a report on a designated 

area of the public domain (8 Cannon 

§ 3007) 

Establishing an executive agency and 

conferring broad authority thereon. . . . 

Directing that agency to conduct a 

study of a subject within the scope of 

that authority (Deschler-Brown Ch 28 

§ 42.27) 

Conferring wide discretionary powers 

upon an energy administrator. . . . 

Directing the administrator to issue 

preliminary summer guidelines for 

citizen fuel use (Deschler-Brown Ch 

28 § 33.15) 

Authorizing the Federal Energy Administrator to restrict exports of certain energy resources. . . . Directing that official to prohibit the 

exportation of petroleum products for 

use in military operations in Indochina (Deschler-Brown Ch 28 

§ 33.12) 

Directing the President to require all 

government agencies to use economy-model motor vehicles. . . . 

Limiting the number of ‘‘fuel-inefficient’’ passenger motor vehicles that 

the government could purchase 

(Deschler-Brown Ch 28 § 10.11) 

Seeking to accomplish a general purpose (support of the arts and humanities) by diverse methods. . . . Authorizing the employment of unemployed artists through the National 

Endowment for the Arts (DeschlerBrown Ch 28 § 6.47) 

Addressing a range of criminal prohibitions. . . . Addressing another criminal prohibition within that range (Manual § 938) 

Addressing violent crimes. . . . Addressing violent crimes involving 

the environment (Manual § 938) 

562 

§ 12 HOUSE PRACTICE

§ 12. — Adding to Two or More Propositions 

A measure containing two or more diverse propositions within the same 

class may be amended by an amendment adding a third proposition on the 

same subject. Manual § 938; 8 Cannon § 3016; Deschler-Brown Ch 28 § 11. 

For example, a bill regulating the transportation of apples and oranges could 

be amended by language extending the bill to bananas. To a bill bringing 

two new categories within the coverage of existing law, an amendment to 

include a third category of the same class may be germane. Deschler-Brown 

Ch 28 § 11.16. Likewise, where a bill contains several unrelated titles on 

a general subject, an amendment adding a further title within that general 

subject is germane. Manual § 929. Where a bill defines several unlawful 

acts, an amendment proposing to include another unlawful act of the same 

class is germane. Deschler-Brown Ch 28 § 11.21. 

On the other hand, where a bill covers two or more subjects within a 

readily definable class, it is not germane to add subjects outside of that class 

by way of amendment. Manual § 938. Thus, to a bill authorizing the Secretary of the Treasury to strike two types of national medals honoring the 

bicentennial, an amendment permitting private mints to strike State medals 

was held not germane. 92-2, Feb. 2, 1972, pp 2180-82. 

To a bill containing definitions of several of the terms used therein, an 

amendment may be germane that modifies one of the definitions and adds 

another (Deschler-Brown Ch 28 § 30.34) or that further defines other terms 

used in the bill (Deschler-Brown Ch 28 § 11.2). 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Admitting several Territories into the 

Union. . . . 

Admitting another Territory (5 Hinds 

§ 5838) 

Constructing buildings in two cities. . . . Constructing similar buildings in several other cities (5 Hinds § 5840) 

Providing a number of restrictions on 

an expenditure. . . . 

Adding another restriction (8 Cannon 

§ 3010) 

Providing for a number of Army 

camps. . . . 

Providing for an additional camp (8 

Cannon § 3012) 

Authorizing payment to several employees for injuries. . . . Authorizing payment to another employee for such injuries (8 Cannon 

§ 3015) 

563 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 12 

Held Germane—Continued 

Text Amendment 

Collecting statistics on agriculture, 

manufacture, and mining. . . . 

Collecting statistics on insurance (8 

Cannon § 3016) 

Relating to motor trucks and passenger-carrying automobiles. . . . Relating also to motorcycles and 

trailers (7 Cannon § 1415) 

Setting forth diverse findings and 

purposes related to a general subject. . . . 

Setting forth a further finding or purpose related to that subject (DeschlerBrown Ch 28 § 11.23) 

Prohibiting indirect assistance to several foreign countries. . . . Including additional countries within 

that prohibition (Deschler-Brown Ch 

28 § 12.9) 

Relating to diverse political rights of 

the people of the District of Columbia. . . . 

Conferring upon that electorate the 

additional right of electing a nonvoting Delegate to the Senate 

(Deschler-Brown Ch 28 § 11.25) 

Funding several departments and 

agencies. . . . 

Funding subway construction in the 

District of Columbia (Manual § 938) 

Extending coverage of gun control 

laws to rifles, shotguns, and ammunition. . . . 

Relating to registration of firearms by 

the purchasers thereof (DeschlerBrown Ch 28 § 11.36) 

Criminalizing a number of activities 

in the field of interstate consumer 

credit transactions. . . . 

Criminalizing a further activity, 

‘‘loansharking’’ (Deschler-Brown Ch 

28 § 11.15) 

Extending the coverage of the Flammable Fabrics Act to include wearing 

apparel and household furnishings. . . . 

Extending such coverage further to 

include children’s toys (DeschlerBrown Ch 28 § 11.16) 

Reducing tax liabilities in several diverse ways—including tax credits. . . . Adding an additional tax credit 

(Deschler-Brown Ch 28 § 11.34) 

Providing farm programs for dairy 

products, wool, feed grains, cotton 

and wheat. . . . 

Adding a new program for poultry 

and eggs (Deschler-Brown Ch 28 

§ 11.28) 

Addressing violent crimes. . . . Addressing violent crimes involving 

the environment (Manual § 938) 

564 

§ 13 HOUSE PRACTICE

§ 13. Appropriation Bills 

An amendment offered to a general appropriation bill must be germane 

to the part of the bill that is under consideration. Deschler-Brown Ch 28 

§ 15. An amendment offered to an appropriation bill is judged by the general 

tests of germaneness that are set forth elsewhere in this chapter. § 4, supra; 

§ 25, infra. Although general appropriation bills are normally read by paragraph, an amendment that increases an appropriation by transferring 

amounts from an account in another paragraph is normally offered under the 

protection of clause 2(f) of rule XXI. Therefore, in modern practice, the germaneness rule does not preclude such a transfer amendment. Manual § 929. 

Subject to clause 2(c) of rule XXI (requiring that limitation amendments 

to general appropriation bills be offered at the end of the reading of the bill 

for amendment), an amendment limiting the use of funds by a particular 

agency funded in a general appropriation bill may be germane to the paragraph carrying the funds or to any general provisions portion of the bill affecting that agency or all agencies funded by the bill. However, an amendment limiting funds in a general appropriation bill for activities prescribed 

by laws unrelated to the functions of departments and agencies addressed 

by the bill was held not germane. Manual § 929. 

Germaneness is an express requirement of any amendment sought to be 

introduced pursuant to the Holman rule, which permits legislative matter in 

general appropriation bills under certain circumstances. Manual § 1062; see 

APPROPRIATIONS. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Appropriating certain funds and permitting them to remain available beyond the fiscal year covered by the 

bill. . . . 

Placing certain restrictions on their 

use, to become effective after the expiration of the fiscal year (DeschlerBrown Ch 28 § 15.27) 

Appropriating funds for foreign assistance programs. . . . Denying funds therein to pay arrearages or dues of members of the 

United Nations (Deschler-Brown Ch 

28 § 15.8) 

Appropriating funds for the Department of Agriculture and including a 

specific allocation of funds for animal disease and pest control. . . . 

Limiting funds in the Act for chemical pesticides where their use would 

be prohibited by State or local law 

(Deschler-Brown Ch 28 § 15.7) 

565 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 13 

Held Germane—Continued 

Text Amendment 

Appropriating funds for the Department of Defense. . . . Limiting funds in the Act for financing of certain military operations 

(Deschler-Brown Ch 28 § 15.27) 

Held Not Germane 

Text Amendment 

Prohibiting aid to one nation unless a 

certain condition is met. . . . 

Prohibiting aid to another nation 

pending certain actions, and referring 

to funds in other Acts (DeschlerBrown Ch 28 § 15.15) 

Continuing appropriations pending 

enactment of regular appropriation 

bills and curtailing certain government expenditures. . . . 

Requiring an agency to report to each 

Member the total Federal expenditures in the congressional district represented by each Member and directing the Members to take certain steps 

to effect a reduction in expenditures 

(Deschler-Brown Ch 28 § 15.48) 

Continuing appropriations for certain 

departments and agencies for one 

month. . . . 

Restricting the total administrative 

budget expenditures for the fiscal 

year and thus affecting funds not 

continued by the bill (DeschlerBrown Ch 28 § 15.17) 

Providing supplemental appropriations for certain specified departments of government. . . . Affecting appropriations for virtually 

all departments and agencies of government (Deschler-Brown Ch 28 

§ 15.14) 

Continuing the availability of appropriated funds and also imposing diverse legislative conditions on the 

availability of appropriations. . . . 

Changing permanent law as to the 

eligibility of certain recipients 

(Deschler-Brown Ch 28 § 15.26) 

Appropriating funds for an agency 

for one year. . . . 

Changing the appropriation figure but 

also adding language having the effect of permanent law (DeschlerBrown Ch 28 § 27.24) 

566 

§ 14 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Appropriating funds for a certain purpose for one government agency. . . . Appropriating funds for another government agency for the same general 

purpose (Deschler-Brown Ch 28 

§ 15.37) 

Providing appropriations for certain 

departments and agencies. . . . 

Limiting funds therein to activities 

prescribed by laws unrelated to the 

functions of departments and agencies addressed by the bill (Manual 

§ 929) 

B. Application of Rule to Particular Forms of Amendment 

§ 14. In General 

The rule requiring germaneness of amendments has been applied to 

many forms of propositions having amendatory effect, including an amendment to a particular part of a bill (§ 15, infra), amendments to amendments 

(8 Cannon § 2924), and motions to recommit with instructions (§ 20, infra). 

The rule applies to amendments recommended by committee as well as to 

amendments offered from the floor. § 19, infra. 

The form in which an amendment is offered may affect the determination of whether the amendment is germane. Thus, whether an amendment 

adds a new title to a bill or adds language to an existing title may affect 

the determination of whether the amendment is germane. § 16, infra. 

§ 15. Amendments to Particular Portion of Bill 

An amendment must be germane to the particular portion of the bill that 

is open to amendment; that is, an amendment must be germane to the pending paragraph, section, or title. Manual § 929; Deschler-Brown Ch 28 § 18. 

The Chair will evaluate the germaneness of an amendment by comparing 

the amendment to the pending portion of the bill without considering the 

bill as a whole. Deschler-Brown Ch 28 § 18.3. 

The test of germaneness of an amendment is its relationship to the 

pending portion of the bill, as amended to that point. Manual § 929. For this 

reason, an amendment inserting a new section may be ruled out because it 

is not germane to the bill as read to that point. However, a similar amendment may be allowed subsequently when the scope of the bill has been 

567 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 18 

broadened by additional sections passed in the reading or adoption of additional amendments. Deschler-Brown Ch 28 § 18.1. An amendment that 

would be germane if offered when the bill is first taken up may not be germane to the bill, as modified, after portions of the bill have been stricken 

by amendment. 8 Cannon § 2910. 

§ 16. Adding New Section or Title 

An amendment in the form of a new title, section, or paragraph need 

not necessarily be germane to the title, section, or paragraph immediately 

preceding it. The Chair will evaluate the relationship of the amendment to 

as much of the bill as has been read. 8 Cannon §§ 2932, 2935; DeschlerBrown Ch 28 § 19. If an amendment is offered at the conclusion of the reading, the Chair will evaluate the relationship of the amendment to the bill 

as a whole, as perfected. Manual § 929; Deschler-Brown Ch 28 § 19.3. For 

this reason, an amendment that might not be germane when offered to a particular title of a bill may be considered germane if offered as a new title. 

Deschler-Brown Ch 28 § 18.7. This test is applied even though the amendment in effect modifies (albeit indirectly) a provision previously read and 

passed. Deschler-Brown Ch 28 § 19.11. 

In determining the application of this test, the Chair must take into account whether the text is being read by titles, sections, or paragraphs. Thus, 

the test of the germaneness of an amendment in the form of a new section 

to a title of a bill being read by titles is the relationship between the amendment and the pending title. Deschler-Brown Ch 28 § 3.11. 

§ 17. Striking Text 

An amendment striking language from a bill may not be germane if the 

result of the amendment extends the scope of the provisions of the bill to 

subjects other than those originally presented. 8 Cannon § 2920. DeschlerBrown Ch 28 § 20. A pro forma amendment merely to ‘‘strike the last 

word’’ to secure time for debate in the Committee of the Whole is germane. 

Manual § 928. 

§ 18. Substitute Amendments 

The test of the germaneness of a substitute amendment is its relationship to the amendment to which it is offered and not its relationship to the 

underlying bill. Manual § 929; Deschler-Brown Ch 28 § 21. A substitute 

must be confined in scope to the subject of the amendment and must relate 

to the same portion of the bill being addressed by the amendment. DeschlerBrown Ch 28 §§ 9.42, 21. Thus, for an amendment establishing a termiVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00577 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
568 

§ 19 HOUSE PRACTICE

nation date for the Federal Energy Administration, a substitute not dealing 

with the date of termination, but providing instead a reorganization plan for 

that agency, was ruled out as not germane. Deschler-Brown Ch 28 § 21.1. 

However, for an amendment changing certain language in a pending 

section, a substitute changing that text and also adding language in the section may be germane if it has the effect of dealing with the same subject 

in a related and more limited way. Deschler-Brown Ch 28 § 32.16. 

§ 19. Committee Amendments 

The rule of germaneness applies to committee amendments as well as 

to those offered by individual Members. 5 Hinds § 5806; Deschler-Brown 

Ch 28 § 22. A committee amendment that is not germane to the bill as introduced may require a waiver in the rule providing for the consideration of 

the underlying bill. Deschler-Brown Ch 28 § 45.2. 

§ 20. Recommittals; Instructions to Committees 

The germaneness rule applies to instructions in a motion to recommit 

a bill to a committee. It is not in order to propose as part of a motion to 

recommit any proposition that would not have been germane if proposed as 

an amendment to the bill on the floor. Manual §§ 929, 930; 5 Hinds 

§§ 5529-5541; 8 Cannon §§ 2708-2712. In one instance, for example, during 

consideration of a bill authorizing military expenditures, a motion to recommit with instructions was ruled not germane because it contained provisions 

seeking to prescribe foreign policy objectives. Deschler-Brown Ch 28 § 23.3. 

The test of germaneness in the case of a motion to recommit with instructions is the relationship of the instructions to the bill taken as a whole 

as perfected (and not merely to the separate portion of the bill specifically 

proposed to be amended in the instructions). Manual § 930. This is so even 

where the instructions do not propose a direct amendment to the bill but 

merely contain general instructions to the committee to pursue an unrelated 

approach or to instruct the committee not to report the bill back to the 

House until an unrelated contingency occurs. 8 Cannon § 2704; DeschlerBrown Ch 28 § 23.9. 

A point of order against a motion to recommit with instructions has 

been entertained before completion of the reading of such motion where the 

matter contained in the instructions has been ruled not germane when offered as an amendment in the Committee of the Whole (Deschler-Brown Ch 

28 § 23.3) or after a non-germane portion of the instructions has been read 

(Manual § 628). 

569 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 22 

C. Amendments Imposing Qualifications or Limitations 

§ 21. In General; Exceptions or Exemptions 

As pointed out earlier in this chapter, a general subject may be amended 

by a specific proposition of the same class. § 11, supra. Under an extension 

of this principle, an amendment that makes a specific exception to or exemption from a general proposition is germane. 8 Cannon § 3028; DeschlerBrown Ch 28 § 29. Thus, to a section dealing with a designated class, an 

amendment exempting from the provisions of the section a certain portion 

of that class may be germane. 8 Cannon § 3026. Provisions restricting authority may be modified by amendments providing exceptions to those restrictions. 8 Cannon § 3024. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Deporting aliens. . . . Exempting a portion of such aliens 

from deportation (8 Cannon § 3029) 

Prohibiting courts from issuing injunctions in labor disputes. . . . Excepting all labor disputes affecting 

public utilities (8 Cannon § 3024) 

Prohibiting an administrator from setting ceiling prices above a certain 

level for domestic crude oil. . . . 

Exempting new crude petroleum sold 

by producers of less than 30,000 barrels per day (Deschler-Brown Ch 28 

§ 29.13) 

Limiting discretionary powers conferred in a bill. . . . Providing an exception from that limitation (Deschler-Brown Ch 28 

§ 35.13) 

Requiring NLRB certification of employee elections of unions as bargaining agents only where there has 

been a secret ballot. . . . 

Excepting an employer that has undermined the election or is otherwise 

estopped from challenging it (Deschler-Brown Ch 28 § 35.24) 

Denying benefits to recipients failing 

to meet a certain qualification. . . . 

Denying the same benefits to some 

recipients but excepting others 

(Deschler-Brown Ch 28 § 29.11) 

§ 22. Conditions or Qualifications 

A condition or qualification sought to be added by way of amendment 

must be germane to the provisions of the bill. Manual § 940; DeschlerVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00579 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
570 

§ 22 HOUSE PRACTICE

Brown Ch 28 § 30. An amendment is not germane if it makes the effectiveness of a bill contingent upon an unrelated event or determination. DeschlerBrown Ch 28 § 31.22. Thus, an amendment making the implementation of 

a funding program contingent upon compliance with unrelated legislation is 

not germane. Deschler-Brown Ch 28 § 30.23. For discussion of postponements pending contingencies, see § 26, infra. 

On the other hand, an amendment imposing a condition may be in order 

if it imposes a prerequisite that comes within the general subject covered 

by the bill. For example, where a bill provided a comprehensive grant program that included within its scope the welfare of law enforcement officers, 

an amendment requiring States to enact a law enforcement officers’ grievance system as a prerequisite to receiving grants under the bill was held to 

come within the general subject of law enforcement improvement covered 

by the bill and was held germane. Deschler-Brown Ch 28 § 30.30. 

Assistance to a particular class of recipient covered by a bill may not 

by amendment be conditioned on actions or inaction by another class of recipient or agent not covered by the bill. Deschler-Brown Ch 28 § 30.29. For 

example, an amendment conditioning the availability to certain recipients of 

funds in an authorization bill upon their compliance with Federal law not 

otherwise applicable to those recipients and within the jurisdiction of other 

House committees may be ruled out as not germane. Deschler-Brown Ch 

28 § 34.37. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Authorizing funds for a variety of 

programs that satisfy several stated 

requirements, in order to accomplish 

a general purpose. . . . 

Conditioning the availability of those 

funds upon implementation of another program related to that general 

purpose (Deschler-Brown Ch 28 

§ 30.30) 

Providing for scholarships. . . . Providing requirements for eligibility 

for such scholarships (DeschlerBrown Ch 28 § 30.11) 

Authorizing funds for military procurement and construction. . . . Barring use of the funds in military 

operations in North Vietnam (Deschler-Brown Ch 28 § 30.6) 

571 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 23 

Held Germane—Continued 

Text Amendment 

Authorizing the insurance of vessels. . . . Denying such insurance to vessels 

charging exorbitant rates (8 Cannon 

§ 3023) 

Authorizing an agency to undertake 

certain activities. . . . 

Allowing Congress to disapprove 

regulations issued pursuant thereto 

(Deschler-Brown Ch 28 § 33.11) 

Requiring certain intelligence information to be given to the 

House. . . . 

Imposing relevant conditions of security on the handling of such information in committee (Manual § 940) 

§ 23. Restrictions or Limitations 

Restrictions and limitations sought to be added to a bill by way of 

amendment must be germane to the provisions of the bill. Manual § 940; 

Deschler-Brown Ch 28 § 32. Thus, to a bill amending a statute, an amendment prohibiting assistance under that Act or under any other Act for a particular purpose, and affecting laws not being amended by the bill, may be 

ruled out as not germane. Deschler-Brown Ch 28 § 35.62. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Authorizing change in railroad 

rates. . . . 

Excluding rate increases (8 Cannon 

§ 3022) 

Authorizing aid to shipping. . . . Limiting such aid to ships equipped 

with life-saving devices (8 Cannon 

§ 3027) 

Authorizing use of oil-burning engines on ships. . . . Prohibiting use of such engines if 

constructed outside of the United 

States (8 Cannon § 3032) 

Furnishing medical services and facilities. . . . Prohibiting the use of such services 

to perform certain abortions (Deschler-Brown Ch 28 § 32.7) 

Providing unlimited terms of service 

for judges. . . . 

Restricting terms to four years (8 

Cannon § 3031) 

572 

§ 24 HOUSE PRACTICE

Held Germane—Continued 

Text Amendment 

Transferring specified property solely 

for the purpose of providing shelter 

to the homeless and protecting the 

public health. . . . 

Requiring reversion of the property if 

not used for that charitable purpose 

as defined under a provision of the 

Internal Revenue Code (DeschlerBrown Ch 28 § 32.12) 

Providing Federal funds to States for 

certain purposes. . . . 

Restricting payment of those funds to 

States that enact certain laws relating 

to the activities being funded (Manual § 940) 

Held Not Germane 

Text Amendment 

Repairing naval vessels. . . . Prohibiting such repairs in navy yards 

(in order to make them at less expense elsewhere) by restricting funds 

in portions of the bill not open to 

amendment (8 Cannon § 3034) 

§ 24. — Discretionary Powers 

To a proposition conferring discretionary authority, an amendment limiting or restricting the exercise of that authority is germane. 8 Cannon 

§ 3022; Deschler-Brown Ch 28 § 33. Such an amendment may be germane, 

even though it incorporates as a term of measurement a qualification or condition applicable to entities beyond the scope of the bill. Deschler-Brown 

Ch 28 § 33.23. For example, to a proposition that the Administrator of Veterans’ Affairs be authorized to establish a maximum interest rate for loans, 

an amendment stating that ‘‘the rate fixed shall not be higher than the FHA 

rate’’ was held germane. Deschler-Brown Ch 28 § 33.28. 

Although a proposition reorganizing existing discretionary agency authority may be amended by imposing limitations on the exercise of those 

functions, an amendment directly changing policies in the substantive law 

to be administered by that agency is not germane. Deschler-Brown Ch 28 

§ 33.13. 

This principle is illustrated in the following precedents: 

573 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 25 

Held Germane 

Text Amendment 

Authorizing funds for the National 

Aeronautics and Space Administration. . . . 

Prohibiting contracts for ‘‘support’’ 

services except where certain cost 

comparisons were made (DeschlerBrown Ch 28 § 33.27) 

Conferring authority on the President 

to establish rules for ordering priorities among petroleum users and requiring that vital services in the areas 

of education and transportation shall 

receive priority. . . . 

Restricting that regulatory authority 

by requiring that petroleum products 

allocated for public school transportation be used only between the student’s home and the school closest 

thereto (Deschler-Brown Ch 28 

§ 33.9) 

Prescribing the functions of a new 

Federal Energy Administration by 

conferring wide discretionary powers 

on the administrator. . . . 

Limiting the authority of the administrator in setting prices for propane 

gas by requiring an equitable allocation of production costs (DeschlerBrown Ch 28 § 33.17) 

Prescribing the functions of a new 

Federal Energy Administration. . . . 

Prohibiting the promulgation of petroleum rationing rules without prior 

approval by Congress (DeschlerBrown Ch 28 § 33.16) 

Authorizing an agency to undertake 

certain activities. . . . 

Providing that regulations issued pursuant to that authority may be disapproved by Congress (DeschlerBrown Ch 28 § 33.11) 

Continuing U.S. participation under 

the International Development Association Act. . . . 

Directing opposition in that forum to 

loans to nations not party to a nuclear 

nonproliferation treaty (DeschlerBrown Ch 28 § 33.29) 

Containing diverse provisions relating 

to authorities of the Department of 

Defense. . . . 

Precluding the use of certain land for 

deployment of a weapons system 

pending a study (Deschler-Brown Ch 

28 § 11.17) 

§ 25. — Use of Funds 

Amendments that merely place restrictions on the use of funds that are 

authorized or referred to in the bill are generally upheld as germane. Deschler-Brown Ch 28 § 34. An amendment seeking to restrict the use of funds 

574 

§ 25 HOUSE PRACTICE

must be limited to the subject matter and scope of the provisions sought 

to be amended. Manual § 940. The amendment must be confined to the 

agencies, authorities, and funds addressed by the bill and may not be more 

comprehensive in scope. Deschler-Brown Ch 28 § 32.6. A limiting amendment may be held not germane if it places restrictions on funds authorized 

or appropriated in other bills. Deschler-Brown Ch 28 § 31.30. To be germane, the amendment restricting the use of funds must relate solely to those 

funds and may not apply to another related category of funds. DeschlerBrown Ch 28 § 34.23. 

An amendment limiting the use of funds by a particular agency funded 

in a general appropriation bill may be germane at more than one place in 

the bill. Subject to clauses 2(c) and (d) of rule XXI, the amendment may 

be offered when the paragraph carrying such funds is pending, or to an appropriate ‘‘general provision’’ portion of the bill affecting that agency or all 

agencies funded by the bill. Deschler-Brown Ch 28 § 15.1. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Authorizing supplemental appropriations for military procurement, development, and construction. . . . 

Prohibiting use of those funds to 

carry out military operations in North 

Vietnam (Deschler-Brown Ch 28 

§ 34.10) 

Appropriating funds for an additional 

Washington airport. . . . 

Limiting the amount to be used for 

the construction of an access road 

(Deschler-Brown Ch 28 § 34.32) 

Authorizing an investigation and incidental travel to be undertaken by a 

committee of the House. . . . 

Restricting use of the funds permitted 

in such travel (Deschler-Brown Ch 

28 § 34.5) 

Authorizing appropriations to enter 

into contracts for the development of 

synthetic fuels. . . . 

Prohibiting use of the funds to enter 

into contracts with any major oil 

company (Deschler-Brown Ch 28 

§ 34.28) 

Authorizing appropriations for contributions to the United Nations Environmental Fund. . . . 

Prohibiting use of those funds to assist in the reconstruction of North 

Vietnam (93-1, May 15, 1973, pp 

15747, 15752) 

575 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 25 

Held Germane—Continued 

Text Amendment 

Authorizing appropriations for the 

National Science Foundation. . . . 

Prohibiting use of those funds for research on a live human fetus outside 

the womb (93-1, June 22, 1973, p 

20946) 

Establishing a rural electrification 

and telephone revolving fund for insured and guaranteed loans. . . . 

Providing that no such funds be used 

outside the United States or its possessions (93-1, Apr. 4, 1973 p 10395) 

Continuing U.S. participation under 

the International Development Association Act. . . . 

Prohibiting use of U.S. contributions 

as loans for the purchase of nuclear 

weapons or materials (DeschlerBrown Ch 28 § 32.5) 

Restricting the availability of funds 

to a certain category of recipients. . . . 

Restricting further the availability of 

those funds to a subcategory of the 

same recipients (Deschler-Brown Ch 

28 § 34.4) 

Providing assistance for mass transportation programs and permitting 

certain school systems to be eligible 

applicants for school bus subsidies. . . . 

Prohibiting use of funds to implement programs intended to overcome 

racial imbalance in school systems 

(Deschler-Brown Ch 28 § 34.20) 

Authorizing funds and limited use of 

troops for a specific purpose. . . . 

Denying funds for deployment of 

troops beyond a certain period of 

time (Deschler-Brown Ch 28 § 34.13) 

Providing Federal funds to States for 

certain purposes. . . . 

Restricting payment of those funds to 

States that enact certain laws relating 

to the activities being funded (Manual § 940) 

Held Not Germane 

Text Amendment 

Changing a dollar amount in operating expenses for an agency. . . . Prohibiting a certain activity and the 

use of any funds therefor (Manual 

§ 940) 

576 

§ 26 HOUSE PRACTICE

Held Not Germane—Continued 

Text Amendment 

Establishing a new Department of 

Education and addressing only the 

administrative structure of the department. . . . 

Prohibiting the use of funds to compel the transportation of students or 

teachers with the goal of establishing 

racial or ethnic balance (DeschlerBrown Ch 28 § 34.38) 

Approving an increase in the U.S. 

quota to the International Monetary 

Fund and authorizing dealing in gold 

in connection therewith. . . . 

Prohibiting the alienation of gold to 

any international organization or its 

agents, or to any person or organization acting for certain purchasers 

(Deschler-Brown Ch 28 § 32.6) 

Striking a provision prohibiting the 

use of funds in the bill for a designated oil land lease in California. . . . 

Prohibiting use of funds in the bill or 

in any other act for that lease and 

other California leases (DeschlerBrown Ch 28 § 15.21) 

Providing general appropriations. . . . Limiting funds therein to activities 

prescribed by laws unrelated to the 

functions of departments and agencies addressed by the bill (Manual 

§ 940) 

§ 26. Postponing Effectiveness Pending Contingency 

Amendments that merely postpone the effective date of the legislation 

to a date certain without stating a condition have been held germane. Thus, 

to a title of a bill establishing procedures permitting either House of Congress to disapprove an impoundment of appropriated funds by the President, 

an amendment delaying the effective date of that title to a day certain was 

held germane. Manual § 940. Similarly, to an amendment abolishing the 

Federal Energy Administration on a date certain and transferring some of 

its functions to other agencies at that time, an amendment delaying the termination date of that agency for one year was held germane. DeschlerBrown Ch 28 § 32.10. 

An amendment may make the effectiveness of a bill subject to a condition if that condition is related to the provisions of the bill. Deschler-Brown 

Ch 28 § 31.33. An amendment delaying operation of a proposed amendment 

pending a determination of a fact is germane when the fact to be determined 

relates solely to the subject matter of the bill. 8 Cannon § 3029; DeschlerBrown Ch 28 § 31.18. However, an amendment is not germane if it delays 

577 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 26 

the effectiveness of a bill contingent upon actions not involved in the administration of the affected program and that extend in scope beyond the 

authorities contained in the bill. Deschler-Brown Ch 28 § 31.1. 

An amendment delaying the operation of proposed legislation pending 

an unrelated contingency is not germane. Manual § 940; 8 Cannon § 3037; 

Deschler-Brown Ch 28 § 31. Thus, an amendment making the implementation of Federal legislation contingent upon the enactment of unrelated State 

legislation is not germane. Deschler-Brown Ch 28 § 31.5. It is not germane 

for an amendment to render a measure contingent upon an unrelated congressional action. For example, to a bill authorizing appropriations for radio 

broadcasting to Cuba, an amendment prohibiting use of those funds until 

Congress considered a constitutional amendment mandating a balanced 

budget was ruled out as nongermane, imposing an unrelated contingency requiring separate congressional action on another subject. Deschler-Brown Ch 

28 § 31.39. Likewise, an amendment to an appropriation bill delaying the 

availability of the appropriation pending an unrelated contingency—the enactment of certain revenue legislation—was held not germane. DeschlerBrown Ch 28 § 31.8. 

An amendment may subject the operation of the bill to an external 

benchmark, so long as it does not constitute an unrelated condition. For example, an abstract fiscal standard may be used as the measure of availability 

of funding provided by the bill, or as the measure of applicability of a fiscal 

or budgetary feature of the bill. Deschler-Brown Ch 28 § 34.1. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Authorizing funds for elementary and 

secondary education. . . . 

Prohibiting use of those funds ‘‘so 

long as the present . . . . Commissioner of Education occupies that office’’ (Deschler-Brown Ch 28 

§ 31.42) 

Funding cost-of-living salary increase 

for Members. . . . 

Restricting availability of those funds 

during months in which there is an 

increase in the public debt (DeschlerBrown Ch 28 § 34.1) 

578 

§ 26 HOUSE PRACTICE

Held Germane—Continued 

Text Amendment 

Authorizing appropriations for humanitarian and evacuation assistance 

to war refugees in South Vietnam. . . . 

Making that authorization contingent 

on a report to Congress on the costs 

of a portion of the evacuation program (Deschler-Brown Ch 28 

§ 34.12) 

Authorizing defense assistance to a 

foreign nation. . . . 

Delaying that assistance until that nation’s former ambassador testified before a House committee (DeschlerBrown Ch 28 § 31.33) 

Held Not Germane 

Text Amendment 

Extending funding for housing and 

urban renewal. . . . 

Making such funding contingent on 

enactment of legislation raising additional revenue (Deschler-Brown Ch 

28 § 31.11) 

Appropriating funds for emergency 

fuel assistance. . . . 

Making such funding contingent on 

enactment of an oil windfall profit 

tax (Deschler-Brown Ch 28 § 31.8) 

Authorizing funds for one Federal 

agency. . . . 

Making such funding contingent on 

appropriations for another Federal 

agency (110-1, May 2, 2007, p 

11094) 

Authorizing funds for construction of 

atomic energy facilities. . . . 

Making such project contingent upon 

the enactment of Federal or State 

fair-housing measures (DeschlerBrown Ch 28 § 31.5) 

Authorizing appropriations for the 

Arms Control and Disarmament 

Agency. . . . 

Making such authorization contingent 

on the Soviet Union ceasing ‘‘to supply military articles to our enemy in 

Vietnam’’ (Deschler-Brown Ch 28 

§ 31.32) 

Authorizing funds for foreign assistance. . . . Making aid to a nation contingent 

upon the enactment of tax reform 

measures by that nation (DeschlerBrown Ch 28 § 31.37) 

579 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 27 

Held Not Germane—Continued 

Text Amendment 

Authorizing military assistance to 

Israel and funds for the United Nations Emergency Force in the Middle 

East. . . . 

Making such funds to Israel contingent on Presidential certification of 

the existence of a designated level of 

energy supplies for the U.S. (Deschler-Brown Ch 28 § 31.22) 

Authorizing the development of certain military missile systems. . . . Making expenditures contingent on 

the impact of U.S. grain sales on Soviet military preparedness (DeschlerBrown Ch 28 § 31.24) 

Rescinding an agency’s funds for 

motor vehicle seat belt and passive 

restraint research and education. . . . 

Conditioning the availability of all 

funds pending State compliance with 

Federal standards for mandatory seat 

belt use (Deschler-Brown Ch 28 

§ 15.19) 

D. Relation to Existing Law 

§ 27. Amendments to Bills Amending Existing Law 

The germaneness rule may provide the basis for a point of order against 

an amendment that is offered to a bill amending existing law. A germaneness point of order may be sustained where the proposed amendment relates 

to the existing law rather than to the pending bill. Manual § 939; 8 Cannon 

§§ 2916, 3045; Deschler-Brown Ch 28 § 35. Unless a bill so extensively 

amends existing law as to open up the entire law to amendment, the germaneness of an amendment to the bill depends upon its relationship to the 

subject of the bill and not to the entire law being amended. Deschler-Brown 

Ch 28 § 35.95. A bill amending several sections of one title of the U.S. 

Code does not necessarily bring the entire title under consideration so as 

to permit an amendment to any portion thereof. Deschler-Brown Ch 28 § 35. 

Where a bill amends existing law in one narrow particular, an amendment proposing to modify such existing law in other particulars will generally be ruled out as not germane. Deschler-Brown Ch 28 § 35.65. Likewise, if a bill amending existing law relates to a single subject or has a single purpose, an amendment is not germane that proposes to modify the law 

further in a manner not related to the purpose of the bill. Deschler-Brown 

Ch 28 §§ 35.51, 41.4. Where a proposition narrowly amends one section of 

580 

§ 28 HOUSE PRACTICE

existing law by changing a specific program therein, that section of law is 

not open to a further amendment that would enlarge the scope of the pending proposition. 92-1, Dec. 8, 1971, p 45536. 

To a proposition modifying a limited portion of existing law, an amendment further modifying that portion may be germane. Deschler-Brown Ch 

28 § 35.19. Such an amendment may add exceptions or definitions modifying the proposition if related to the same subject. Deschler-Brown Ch 28 

§ 35.24. However, an amendment repealing the law is not germane. Deschler-Brown Ch 28 § 36.1. 

This principle is illustrated in the following precedents: 

Held Not Germane 

Text Amendment 

Amending a section of title 5 of the 

U.S. Code granting certain rights to 

employees of executive agencies. . . . 

Extending those rights to legislative 

branch employees as defined in a different section of that title (DeschlerBrown Ch 28 § 35.95) 

Amending a portion of an existing 

law to extend the authorization for 

U.S. contributions to the International 

Monetary Fund. . . . 

Amending another section of that law 

mandating that the total budget outlays of the Federal government shall 

not exceed its receipts (DeschlerBrown Ch 28 § 35.48) 

§ 28. Amendments to Bills Repealing Existing Law 

Where a bill repealing several sections of an existing law is pending, 

an amendment proposing to repeal the entire law may be germane. Where 

the bill seeks to repeal only one provision of an existing law, an amendment 

modifying that provision (rather than repealing it) also may be germane. 

Deschler-Brown Ch 28 § 37. On the other hand, to a bill repealing one narrow subsection of existing law, an amendment proposing a comprehensive 

revision of the whole law is not germane. Deschler-Brown Ch 28 § 37.7. 

This principle is illustrated in the following precedents: 

Held Not Germane 

Text Amendment 

Repealing Chinese Exclusion 

Acts. . . . 

Relating to immigration generally 

(Deschler-Brown Ch 28 § 37.6) 

581 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 29 

Held Not Germane—Continued 

Text Amendment 

Repealing a narrow provision of an 

existing Act. . . . 

Expressing congressional policy as to 

the pending bill and to the administration of the whole Act (DeschlerBrown Ch 28 § 37.9) 

Repealing a narrow subsection of law 

relating to the order of induction of 

selective service registrants. . . . 

Placing restrictions on the assignment 

of personnel to Vietnam without their 

consent (Deschler-Brown Ch 28 

§ 37.8) 

§ 29. Amendments to Bills Incorporating Other Laws by Reference 

A general rule of germaneness is that an amendment to a law in the 

jurisdiction of one committee is not germane to a bill in the jurisdiction of 

another committee. See § 6, supra. However, where the pending bill incorporates by reference provisions of a law from another committee and conditions the effectiveness of the bill upon actions taken pursuant to a section 

of that law, an amendment to alter that section of the law may be germane. 

Deschler-Brown Ch 28 § 4.100. Furthermore, a bill incorporating by reference procedural requirements contained in other Acts may be broad 

enough to permit an amendment similarly referring to, but not directly 

amending, other statutes and intending to accomplish the result sought to be 

effected by the portion of the bill to which offered. For example, to a bill 

including requirements for certification of Federal land use activities as 

compatible with approved State management programs and incorporating by 

reference certain statutory provisions, an amendment applying the procedures contained in those statutes to approval of such Federal land use programs in lieu of the certification procedures in the bill was held germane. 

Deschler-Brown Ch 28 § 4.100. On the other hand, to a bill citing but not 

amending a law on one subject, an amendment incorporating that law by 

reference to broaden its application to the subject of the bill is not germane. 

Deschler-Brown Ch 28 § 41.21. 

Effect of Disclaimers 

Ordinarily, the inclusion of language in a bill ‘‘disclaiming’’ any substantive effect of the bill on other provisions of law would not render germane amendments that do in fact affect that law. However, where disclaimer 

language in a bill is accompanied by other provisions changing a category 

582 

§ 30 HOUSE PRACTICE

of law cited in the disclaimer, an amendment further addressing the relationship between the bill and laws cited in the disclaimer may be germane. 

Deschler-Brown Ch 28 § 42.54. 

§ 30. Amendments to Bills Continuing or Extending Existing Laws 

A bill extending an existing law may open up the law being extended 

to germane amendments. Deschler-Brown Ch 28 § 39. A bill continuing and 

reenacting an existing law may be amended by a proposition modifying in 

a germane manner the provisions of the law being extended. DeschlerBrown Ch 28 § 39.28. To a bill extending an existing law in modified form, 

an amendment proposing further modification of the law is germane. Deschler-Brown Ch 28 § 39.19. However, while a bill ‘‘extending existing law’’ 

may open up the law being extended to germane amendments, a proposition 

that merely extends an official’s authority under that law does not necessarily open up the entire law to amendment. Deschler-Brown Ch 28 

§ 39.27. 

This principle is illustrated in the following precedents: 

Held Germane 

Text Amendment 

Continuing for one year the Mexican 

farm labor program. . . . 

Requiring a determination that reasonable efforts have been made to 

hire domestic workers (DeschlerBrown Ch 28 § 39.14) 

Amending and extending the Elementary and Secondary Education 

Act. . . . 

Providing that no funds in the Act be 

used for the transportation of students 

or teachers ‘‘in order to meet provisions of’’ the Civil Rights Act of 

1964 (Deschler-Brown Ch 28 

§ 39.19) 

Reenacting a law to extend the existence of the Federal Energy Administration, including the authority to 

conduct energy programs. . . . 

Restricting the method of submitting 

energy action proposals to Congress 

(Deschler-Brown Ch 28 § 39.30) 

Extending the existence of the Federal Energy Administration and authorizing appropriations for that agency. . . . 

Requiring that agency to promulgate 

regulations to assure that the agency 

hearings be conducted in certain 

areas (Deschler-Brown Ch 28 

§ 39.31) 

583 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 31 

Held Not Germane 

Text Amendment 

Extending the authority of the Administrator of Veterans’ Affairs to establish a maximum interest rate for 

insured loans to veterans. . . . 

Altering provisions of existing law 

and modifying the authority of the 

administrator to manage the loan program (Deschler-Brown Ch 28 

§ 39.27) 

Providing for a temporary extension 

of certain intelligence laws. . . . 

Altering provisions of those laws on 

a permanent basis (110-2, Feb. 13, 

2008, p 2116) 

Extending the school milk program 

and making ‘‘preschool programs operated as part of the school system’’ 

eligible for benefits. . . . 

Extending further such benefits to 

programs operated by nonprofit institutions in depressed areas (DeschlerBrown Ch 28 § 39.18)

§ 31. Amendments Changing Law to Bills Not Changing That Law 

Generally 

An amendment that amends a law not contemplated in the bill under 

consideration and not related to the text before the House is subject to a 

germaneness point of order. Thus, to a bill amending one law, an amendment changing the provisions of another law is not germane. DeschlerBrown Ch 28 § 42. Likewise, to a bill making appropriations for the current 

fiscal year, an amendment permanently changing existing law is not germane and thus is not in order, even though it tends to reduce expenditures 

for that year. Deschler-Brown Ch 28 § 42.57. The number and variety of 

laws being amended by the underlying text may also affect the germaneness 

of an amendment changing an additional law. Manual § 939. 

The germaneness of an amendment may be affected by the adoption of 

other amendments that broaden the scope of the pending bill. For example, 

where a bill authorizing foreign military assistance was broadened by 

amendment to address permanent law relating to economic relations with 

foreign nations, an amendment to remove military and economic trade sanctions against Rhodesia was held germane to the bill as a whole in its perfected form. 95-2, Aug. 2, 1978, p 23938. 

This principle is illustrated in the following precedents: 

584 

§ 31 HOUSE PRACTICE

Held Not Germane 

Text Amendment 

Reorganizing existing discretionary 

governmental authority and vesting it 

in a new agency. . . . 

Directly changing policies in the substantive law to be administered by 

that agency (Deschler-Brown Ch 28 

§ 42.23) 

Consolidating certain functions under 

a new agency and limiting its policymaking authority to that contained in 

existing law. . . . 

Prescribing new policy by amending 

a law not amended by the bill 

(Deschler-Brown Ch 28 § 42.24) 

Providing in part for increased salaries for Members of Congress and 

legislative employees. . . . 

Relating to audits of financial transactions of the House and the Architect of the Capitol under another law 

(Deschler-Brown Ch 28 § 42.45) 

Amending the Fair Labor Standards 

Act with respect to the effect of imports on the domestic labor market. . . . 

Amending the Tariff Act of 1930 

with respect to the importation of 

merchandise from Communist nations 

(Deschler-Brown Ch 28 § 42.2) 

Establishing a Federal Energy Administration but not amending existing laws relating to energy conservation policy. . . . Repealing the Emergency Daylight 

Saving Time Energy Conservation 

Act (Deschler-Brown Ch 28 § 42.21) 

Regulating the importation of liquefied natural gas, but not directly 

amending the Natural Gas Act. . . . 

Amending the Natural Gas Act to 

prohibit the FPC from regulating the 

price of natural gas at the well-head 

(Deschler-Brown Ch 28 § 42.20) 

Amending certain Acts to provide for 

market adjustment and price support 

programs for wheat and feed 

grains. . . . 

Amending another Act to direct the 

President to conduct an investigation 

into imports of specified agricultural 

products (Deschler-Brown Ch 28 

§ 42.11) 

Changing for one year an existing 

law establishing price supports for 

several agricultural commodities. . . . 

Waiving the provisions of another 

law relating to price supports for another agricultural commodity (Deschler-Brown Ch 28 § 42.17) 

Amending several provisions of an 

existing law. . . . 

Repealing a section of another law 

(Manual § 939) 

585 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 33 

Waivers or Repeals 

An amendment repealing existing law has been held not germane to a 

bill not amending that law. Deschler-Brown Ch 28 § 42.21. An amendment 

may be subject to a point of order on the basis that it contains the language 

‘‘notwithstanding any other provision of law’’ if it has the effect of waiving 

a statute not amended by the bill. Deschler-Brown Ch 28 § 42.17. In one 

such instance, the Chair noted that the waivers in the bill were waivers of 

a narrow class of existing laws, whereas the amendment waived various unspecified laws not within the scope of the pending measure. Deschler-Brown 

Ch 28 § 42.18. 

E. House-Senate Relations 

§ 32. Senate Germaneness Rules 

In contrast to House practice, there is no general Senate rule prohibiting 

nongermane amendments. However, questions of germaneness of amendments to general appropriation bills are submitted to the Senate without debate under Senate rule XVI. The Chair does not rule on the question. Another rule prohibits nongermane amendments to bills after cloture has been 

invoked. See clause 2 of Senate rule XXII. In addition, pursuant to unanimous-consent agreements, the Senate sometimes prohibits nongermane 

amendments to particular bills, or may prohibit a certain class of nongermane amendments to a bill. Deschler-Brown Ch 28 § 25; see also S. Doc. 

101-28. Under section 305 of the Budget Act, amendments offered in the 

Senate to a concurrent resolution on the budget must be germane; and under 

section 310, a similar restriction applies to amendments to budget reconciliation bills. Manual § 1127. 

§ 33. Motions to Instruct Conferees 

The rule that amendments must be germane applies to amendments to 

a motion to instruct conferees. 8 Cannon §§ 3230, 3235; Deschler-Brown Ch 

28 § 28. The test of an amendment to a motion to instruct conferees is the 

relationship of the amendment to the subject matter of the House and Senate 

versions of the bill (Manual § 930) and not to the original motion to instruct. 

Where an amendment in the nature of a substitute has been proposed 

by one House for the entire bill passed by the other House, provisions in 

either the bill or the substitute may be addressed in motions to instruct conferees. 8 Cannon § 3230. 

586 

§ 34 HOUSE PRACTICE

§ 34. Senate Provisions in Conference Reports and in Amendments in Disagreement 

Formerly, a Senate amendment was not subject to the point of order 

that it was not germane to the House bill. 8 Cannon § 3425. Today, under 

changes in the rules enacted in 1972, points of order may be made against 

nongermane Senate matter in a conference report or in a proposal to concur 

in a Senate amendment (with or without amendment). If sustained, separate 

votes may be demanded on portions of Senate amendments and conference 

reports containing language that would not have been germane if offered in 

the House. Clause 10 of rule XXII; Manual § 1089. 

Clause 10 of rule XXII permits points of order against language in a 

conference report that was originally in the Senate bill or amendment and 

that would not have been germane if offered to the House-passed version, 

and permits a separate motion to reject such portion of the conference report 

if found nongermane. For purposes of that rule, the House-passed version, 

against which the Senate provisions are compared, is that version finally 

committed to conference, taking into consideration all amendments adopted 

by the House, including House amendments to Senate amendments. Deschler-Brown Ch 28 § 27. 

Pursuant to clause 10 of rule XXII, where the Speaker sustains a point 

of order that a portion of a conference report containing a Senate amendment is not germane to the House bill, a motion to reject that portion of 

the conference report is in order and is subject to 40 minutes of debate. 

Deschler-Brown Ch 28 § 26.29. 

The Member representing the conference committee recognized in opposition to a motion to reject a nongermane Senate provision pursuant to 

clause 10 of rule XXII, and not the proponent of the motion, has the right 

to close debate thereon. Manual § 1090. After the 40 minutes of debate permitted by that rule, it is then in order, following the disposition of the motion to reject, to make further points of order and motions to reject. If any 

such motion is adopted, the conference report shall be considered as rejected 

and the pending question shall be, in the case of a House bill with a Senate 

amendment, whether the House will recede from disagreement to the Senate 

amendment and concur therein with an amendment consisting of the portion 

of the conference report not rejected. Deschler-Brown Ch 28 § 26.31. 

Clause 10 of rule XXII also permits points of order against nongermane 

Senate matter in motions to concur or concur with amendment in Senate 

amendments, the stage of disagreement having been reached. If such a point 

of order is sustained, a separate motion to reject such nongermane matter 

is permitted. Manual §§ 931, 1089. Clause 10 is not applicable to a proviVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00596 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
587 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 35 

sion contained in a motion to recede and concur with an amendment that 

is not contained in any form in the Senate version, the only requirement in 

such circumstances being that the motion as a whole be germane to the Senate amendment as a whole under the House germaneness rule. DeschlerBrown Ch 28 § 27.12. 

This principle is illustrated in the following precedents: 

Held Not Germane 

House Bill Senate Amendment 

Continuing the operations of an executive department for one year. . . . Prohibiting the availability of any 

funds appropriated for foreign military base agreements absent congressional approval (93-1, Sept. 11, 1973, 

pp 29243-46) 

Exempting from tariff duty certain 

equipment and repairs for vessels operated by the United States. . . . 

Extending benefits under the unemployment compensation program 

(Deschler-Brown Ch 28 § 26.30) 

Requiring that a percentage of U.S. 

oil imports be carried on U.S. flag 

vessels. . . . 

Relating to the construction of vessels with certain anti-pollution requirements (Deschler-Brown Ch 28 

§ 26.29) 

Containing several diverse amendments to the Internal Revenue Code 

to provide individual and business 

tax credits. . . . 

Authorizing appropriations for special 

payments to social security recipients 

(Deschler-Brown Ch 28 § 26.27) 

Improving automotive fuel efficiency 

by imposing fuel economy standards 

upon manufacturers. . . . 

Providing loan guarantees for automotive research and development 

(Deschler-Brown Ch 28 § 26.15) 

§ 35. Amendments to Senate Amendments 

An amendment offered in the House to a Senate amendment must ordinarily be germane to the particular Senate amendment to which it is offered, 

it not being sufficient that the amendment be germane to the provisions of 

the bill if the Senate amendment merely inserts new matter and does not 

strike House provisions. 5 Hinds § 6188; 8 Cannon § 2936; Manual § 931. 

Thus, during consideration of a Senate amendment reported in disagreement 

by conferees, a proposal to amend must be germane to the Senate amendment. Deschler-Brown Ch 28 § 27.35. Although a Senate amendment proposing legislation on a general appropriation bill is subject to an amendment 

588 

§ 35 HOUSE PRACTICE

of a similar character in the House, the requirement remains that the House 

amendment be germane to the Senate amendment. Deschler-Brown Ch 28 

§ 27. 

The test of the germaneness of an amendment to an amendment contained in a motion to concur in a Senate amendment is the relationship between the offered amendment and the motion, and not the relationship between that amendment and the Senate amendment to which the motion has 

been offered. Deschler-Brown Ch 28 § 27.6. 

The test of germaneness of an amendment in the nature of a substitute 

to a Senate amendment—proposed in a motion to concur therein with an 

amendment—is the relationship between the proposed amendment in its entirety and the Senate amendment in its entirety (and not the relationship between any one provision of the amendment and any one provision of the 

Senate amendment). Deschler-Brown Ch 28 §§ 27.11, 27.12. 

The rule of germaneness applies to motions to recede and concur in a 

Senate amendment with an amendment. Such a motion must be germane to 

the Senate amendment. Deschler-Brown Ch 28 § 27. However, where a Senate amendment proposes only to strike language in a House bill, the test 

of the germaneness of a motion to recede and concur with an amendment 

is the relationship between the language in the motion and the provisions 

in the House bill proposed to be stricken by the Senate amendment. Manual 

§ 931. 

These principles are illustrated in the following precedents: 

Held Germane 

Senate Amendment House Amendment 

Appropriating funds for a Senate office building extension, providing a 

funding ceiling on such extension, 

and providing for the transfer of personnel and equipment to such extension. . . . 

Reducing the appropriation and the 

funding ceiling, and providing that 

such extension upon completion meet 

certain personnel needs (96-1, Aug. 

2, 1979, p 22007) 

Containing diverse provisions relating 

to the organization and administration 

of the Federal courts, including appointment of additional district and 

circuit judges. . . . 

Containing comparable provisions 

and in addition permitting courts of 

appeals of a certain size to establish 

administrative units (Deschler-Brown 

Ch 28 § 27.12) 

589 

CHAPTER 26—GERMANENESS OF AMENDMENTS § 36 

Held Germane—Continued 

Senate Amendment House Amendment 

Appropriating funds for termination 

of the civil supersonic aircraft. . . . 

Appropriating funds for termination 

of payment of the airlines’ contribution to development costs (92-1, July 

29, 1971, p 28053) 

Held Not Germane 

Senate Amendment House Amendment 

Prohibiting use of specified funds as 

compensation for certain former employees. . . . 

Enlarging the class of persons ineligible for such compensation (Deschler-Brown Ch 28 § 27.34) 

Prohibiting use of funds in a general 

appropriation bill for only one basing 

mode for the MX missile. . . . 

Authorizing appropriations for research and development of another 

weapons system (Deschler-Brown Ch 

28 § 27.19) 

Providing for payment, from the Senate contingent fund, of certain additional travel expenses incurred by 

Senate employees. . . . 

Providing additional travel allowances to Members of the House from 

the House contingent fund (DeschlerBrown Ch 28 § 27.35) 

Striking a provision in a general appropriation bill that precluded the use 

of funds therein by the Environmental Protection Agency to control 

air pollution by regulating parking facilities. . . . 

Prohibiting use of those EPA funds 

temporarily to implement any plan 

requiring the review of any indirect 

sources of air pollution (DeschlerBrown Ch 28 § 27.14) 

Appropriating funds for asbestos hazards abatement in schools. . . . Earmarking funds for the refinancing 

of a recycling program of a specified 

city (Deschler-Brown Ch 28 § 27.1) 

F. Procedural Matters; Points of Order 

§ 36. In General 

A point of order against an amendment to a proposition on germaneness 

grounds is generally treated the same way as other points of order. As noted 

earlier, the rule is not self-enforcing, and requires a Member to raise the 

point of order at the appropriate time. Deschler-Brown Ch 28 § 44. The proVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00599 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 36 HOUSE PRACTICE

ponent of the amendment bears the burden of proof that the amendment is 

germane to the underlying matter. 8 Cannon § 2995. 

For more on points of order, including timeliness and debate thereon, 

see POINTS OF ORDER; PARLIAMENTARY INQUIRIES. For a discussion of special order of business resolutions, which may waive the germaneness rule 

or otherwise alter the normal tests of germaneness, see SPECIAL ORDERS OF

BUSINESS. 

591 

Chapter 27 

Impeachment 

A. GENERALLY

§ 1. In General; House and Senate Functions 

§ 2. Who May Be Impeached 

§ 3. Grounds for Impeachment 

§ 4. — Impeachable Misconduct 

§ 5. Effect of Adjournment 

B. PROCEDURE IN THE HOUSE

§ 6. In General; Initiation and Referral of Charges 

§ 7. Committee Investigations 

§ 8. Consideration in the House; Voting 

C. PROCEDURE IN THE SENATE

§ 9. In General 

§ 10. Voting and Judgment 

Research References 

U.S. Const. art. I, §§ 2, 3; art. II, § 4 

3 Hinds §§ 2001-2515 

6 Cannon §§ 454-552 

Deschler Ch 14 

Manual §§ 173-176; 601-620 

A. Generally 

§ 1. In General; House and Senate Functions 

Impeachment is a constitutional remedy to address serious offenses 

against the system of government. It is the first step in a remedial process— 

that of removal from public office and possible disqualification from holding 

further office. The purpose of impeachment is not punishment; rather, its 

function is primarily to maintain constitutional government. Deschler Ch 14 

App. pp 726-728; 105-2, Dec. 19, 1998, pp 28107-9. 

Impeachment proceedings have been initiated more than 60 times since 

the adoption of the Constitution. 3 Hinds § 2294; 6 Cannon § 498; Deschler 

592 

§ 2 HOUSE PRACTICE

Ch 14 § 1. Nineteen of these cases resulted in impeachment by the House: 

President Andrew Johnson in 1868, Secretary of War William W. Belknap 

in 1876, Senator William Blount in 1797, President William J. Clinton in 

1998, and 15 Federal judges. Only eight impeachments have led to Senate 

convictions—all of them Federal judges. 

An impeachment is instituted by a written accusation, called an ‘‘Article 

of Impeachment,’’ which states the offense charged. The articles serve a 

purpose similar to that of an indictment in an ordinary criminal proceeding. 

Manual § 609. 

The power of impeachment is bifurcated by the Constitution. The House 

is given the ‘‘sole Power of Impeachment,’’ and the Senate is given ‘‘the 

sole Power to try all Impeachments.’’ U.S. Const. art. I, § 2, cl. 5; § 3, cl. 

6. Impeachments may be brought against the ‘‘President, Vice President, 

and all civil Officers of the United States.’’ Conviction of ‘‘Treason, Bribery, or other high Crimes and Misdemeanors’’ is followed by ‘‘removal 

from Office’’ and may include ‘‘disqualification to hold’’ further public office. U.S. Const. art. I, § 3, cl. 7; art. II, § 4. 

The term ‘‘impeach’’ is used in different ways at various stages of the 

proceedings. A Member rises on the floor to ‘‘impeach’’ an officer in presenting a resolution or memorial. 3 Hinds § 2469. The House votes to ‘‘impeach’’ in the constitutional sense when it adopts an impeachment resolution 

and accompanying articles. § 8, infra. The Senate then conducts a trial on 

these articles and either convicts by two-thirds vote or acquits the ‘‘impeached’’ Federal official. § 9, infra. 

§ 2. Who May Be Impeached 

The ‘‘President, Vice President, and all civil Officers of the United 

States’’ are subject to removal under the impeachment clause of the Constitution. U.S. Const. art. II, § 4. A private citizen who has held no public 

office may not be impeached. 3 Hinds §§ 2007, 2315. 

The term ‘‘civil Officers’’ in article II, section 4 of the Constitution refers to those appointed by the President under article II, section 3, clause 

2. The term is broad enough to include all officers of the United States who 

hold their appointment from the Federal government, whether their duties 

be executive, administrative, or judicial, or whether their position be high 

or low. Impeachment—Selected Materials, Committee on the Judiciary, H. 

Doc. No. 93-7, Oct. 1973, p 691. On the other hand, military officers are 

not subject to impeachment, since they are subject to disciplinary measures 

according to military codes. 3 Willoughby, The Constitution (1929) § 929; 

9 Hughes, Federal Practice (1931) § 7228. 

593 

CHAPTER 27—IMPEACHMENT § 2 

A Member of Congress is not a ‘‘civil Officer’’ within the meaning of 

the impeachment provisions of the Constitution. 3 Hinds §§ 2310, 2316. The 

contention that a Senator was not a civil officer within the meaning of the 

impeachment provisions of the Constitution was sustained by the Senate in 

1799. The Senate dismissed impeachment charges brought to its bar by the 

House, finding that an impeachment of a Senator was beyond its jurisdiction. 3 Hinds § 2318; § 4, infra. 

Federal judges are subject to removal under the impeachment provisions 

of the Constitution. Of the 19 impeachments reaching the Senate, 15 have 

been directed at Federal judges, and in eight of these cases the Senate voted 

to convict: Pickering in 1803 (3 Hinds §§ 2319-2341); Humphreys in 1863 

(3 Hinds §§ 2385-2397); Archbald in 1912 (6 Cannon §§ 498-512); Ritter in 

1936 (S. Doc. No. 74-200, 1936); and Claiborne, Nixon, Hastings, and 

Porteous in 1986, 1988, 1989, and 2010, respectively (Manual § 176). 

Impeachment proceedings were initiated against a Member of the President’s Cabinet in 1876, when impeachment charges were filed against William W. Belknap, who had been Secretary of War. The House and Senate 

debated the power of impeachment at length and determined that the Secretary remained amenable to impeachment and trial even after his resignation. 3 Hinds §§ 2007, 2467. In 1978, the House voted to table a privileged 

resolution impeaching Andrew Young, the United States Ambassador to the 

United Nations. 95-2, July 13, 1978, p 20606. 

A Commissioner of the District of Columbia has been held not to be 

a civil officer subject to impeachment under the Constitution. 6 Cannon 

§ 548. Under section 596(a) of title 28, United States Code, an independent 

counsel appointed to investigate the President may be impeached. A resolution impeaching such independent counsel constitutes a question of the 

privileges of the House under Rule IX. Manual § 604. 

Effect of Resignation 

The House and Senate have the power to impeach and try an accused 

official who has resigned. Deschler Ch 14 § 2. It was conceded (in the 

Belknap impeachment proceeding described above) that a Cabinet Secretary 

remains amenable to impeachment and trial even after his resignation. 3 

Hinds §§ 2317, 2318. As a practical matter, however, the resignation of an 

official about to be impeached generally puts an end to impeachment proceedings because the primary objective—removal from office—has been accomplished. This was the case in the impeachment proceedings begun 

against President Richard M. Nixon in 1974 and Judge George English in 

1926. Deschler Ch 14 §§ 2.1, 2.2. President Nixon resigned following the 

decision of the Committee on the Judiciary to report to the House recomVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00603 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 3 HOUSE PRACTICE

mending his impeachment, and further proceedings were discontinued. 93- 

2, H. Rept. 93-1305, p 29361. Judge English resigned before commencement of trial by the Senate and the proceedings were discontinued at that 

point. 6 Cannon § 547. Judge Delahay (1873) and Judge Kent (2009) likewise resigned prior to Senate proceedings. 

§ 3. Grounds for Impeachment 

Generally 

The Constitution defines the grounds for impeachment and conviction 

as ‘‘Treason, Bribery, or other high Crimes and Misdemeanors.’’ U.S. 

Const. art. II, § 4. When the House determines that grounds for impeachment exist, the articles of impeachment are presented to the Senate. Any one 

of the articles may provide a sufficient basis or ground for conviction. 

Deschler Ch 14 § 3. 

The phrase ‘‘high Crimes and Misdemeanors’’ has been interpreted 

broadly. The framers of the Constitution adopted the phrase from the 

English practice. At the time of the Constitutional Convention, the phrase 

‘‘high crimes and misdemeanors’’ had been in use for more than 400 years 

in impeachment proceedings in the British Parliament. Some of these impeachments charged high treason; others charged high crimes and misdemeanors. The latter included both statutory offenses and nonstatutory offenses. Many of the charges involved abuse of official power or trust. 

Deschler Ch 14 App. pp 706-708. 

An offense must be serious or substantial in nature to provide grounds 

for impeachment. This requirement flows from the language of the clause 

itself—‘‘high Crimes and Misdemeanors.’’ Although there is some authority 

to the contrary, it is generally accepted that the adjective ‘‘high’’ modifies 

‘‘Misdemeanors’’ as well as ‘‘Crimes.’’ Impeachment—Selected Materials, 

Committee on the Judiciary, H. Doc. No. 93-7, Oct. 1973, p 682. As to 

what constitutes a serious, impeachable offense, one commentator has said: 

To determine whether or not an act or a course of conduct is sufficient 

in law to support an impeachment, resort must be had to the eternal principles of right, applied to public propriety and civil morality. The offense 

must be prejudicial to the public interest and it must flow from a willful 

intent, or a reckless disregard of duty. . . . It may constitute an intentional violation of positive law, or it may be an official dereliction of 

commission or omission, a serious breach of moral obligation, or other 

gross impropriety of personal conduct that, in its natural consequences, 

tends to bring an office into contempt and disrepute. 

Brown, The Impeachment of the Federal Judiciary, 26 Harv. L. Rev. 684, 

703, 704 (1912). 

595 

CHAPTER 27—IMPEACHMENT § 3 

The time when the offenses were committed is a factor to be taken into 

consideration. In 1973 the House declined to take any action on a request 

by Vice President Agnew for an investigation into allegations of impeachable offenses where the offenses were not committed during his term of office as Vice President and where the offenses were pending before the 

courts. 93-1, Sept. 25, 1973, p 31368. 

Exactly 100 years earlier, in a case that also involved the Vice President, the Committee on the Judiciary found that Schuyler Colfax could not 

be impeached for an alleged offense committed before his term of office 

as Vice President (the alleged conduct occurring while he was Speaker). 3 

Hinds § 2510. 

Presidential Impeachments 

In 1998 the Committee on the Judiciary recommended to the House 

four articles of impeachment against President Clinton, two of which the 

House adopted. 105-2, H. Res. 611, Dec. 19, 1998, pp 28110-12. The first 

and third articles, which the House adopted, charged the President with providing perjurious testimony to a Federal grand jury and with obstructing justice in a Federal civil action. The second and fourth articles, which the 

House rejected, charged him with providing perjurious testimony in a Federal civil deposition and with abuse of power for failing to adequately respond to questions asked by the Committee on the Judiciary during the impeachment inquiry. 105-2, H. Rept. 105-830, pp 108, 118, 119, 121. President Clinton was acquitted in the Senate on both articles adopted by the 

House. 106-1, Feb. 12, 1999, pp 2375-79. 

In 1974 the grounds for invoking the impeachment power against the 

President were illustrated when the House initiated an inquiry into President 

Nixon’s conduct as a result of charges arising out of a 1972 break-in at the 

Democratic National Headquarters in the Watergate Office Building in 

Washington, DC. The Committee on the Judiciary recommended to the 

House three articles of impeachment against President Nixon in July 1974. 

The articles charged him with abuse of his Presidential powers, obstruction 

of justice, and contempt of Congress. Deschler Ch 14 § 3.7. Before the full 

House voted on these articles, President Nixon resigned. His resignation terminated further action on the issue, although the articles were submitted to 

and accepted by the House by adoption of a resolution of ‘‘acceptance’’ 

considered under suspension of the rules rather than a resolution of impeachment. 93-2, Aug. 20, 1974, pp 29219-362. 

In 1868 the House impeached President Andrew Johnson on the ground 

that he had violated the Tenure of Office Act by dismissing a Cabinet chief. 

Johnson was acquitted in the Senate. 3 Hinds §§ 2440, 2443. 

596 

§ 4 HOUSE PRACTICE

Judicial Impeachments 

Since Federal judges hold office ‘‘during good Behaviour,’’ it has been 

suggested that misbehavior properly defines the bounds of ‘‘high Crimes 

and Misdemeanors’’ or even that lack of good behavior constitutes an independent standard for impeachment. U.S. Const. art. III, § 1; 6 Cannon § 464. 

The more modern view, however, is that the ‘‘good Behaviour’’ clause more 

aptly describes judicial tenure; that is, the clause does not constitute a standard for impeachability but merely means that Federal judges hold office for 

life unless they are removed under some other provision of the Constitution. 

Under this view, the power of removal together with the appropriate standard are contained solely in the impeachment clause. Impeachment—Selected 

Materials, Committee on the Judiciary, H. Doc. No. 93-7, Oct. 1973, p 666. 

The grounds for impeachment of Federal judges were scrutinized in 

1970 during an inquiry of a special subcommittee of the Committee on the 

Judiciary into the conduct of Associate Justice Douglas of the Supreme 

Court. The report of that special subcommittee concluded that a Federal 

judge could be impeached for judicial conduct that is either criminal or a 

serious abuse of public duty, or for nonjudicial conduct that is criminal. 

Deschler Ch 14 § 3.13 (proceedings discontinued for lack of evidence). The 

committee report recommending impeachment of President Clinton also discussed judicial impeachments. 105-2, H. Rept. 105-830, pp 110-18. 

§ 4. — Impeachable Misconduct 

Impeachments have commonly involved charges of misconduct incompatible with the official position of the office holder. This conduct falls into 

three broad categories: (1) abusing or exceeding the lawful powers of the 

office; (2) behaving officially or personally in a manner grossly incompatible with the office; and (3) using the power of the office for an improper 

purpose or for personal gain. See Deschler Ch 14 App. p 719. 

Abusing or Exceeding the Powers of the Office 

The impeachment by the House of Senator William Blount in 1797 was 

based on allegations that he attempted to incite an Indian attack in order 

to capture certain territory for the British. He was charged with engaging 

in a conspiracy to compromise United States neutrality and with attempting 

to oust the President’s lawful appointee as principal agent for Indian affairs. 

3 Hinds §§ 2294-2318. Although the Senate found that it had no jurisdiction 

over the trial of an impeached Senator, it expelled him for having been 

guilty of a ‘‘high misdemeanor, entirely inconsistent with his public trust 

and duty as a Senator.’’ Deschler Ch 14 App. p 720. 

597 

CHAPTER 27—IMPEACHMENT § 4 

The impeachment of President Andrew Johnson in 1868 was likewise 

based on allegations that he had exceeded the power of his office. Johnson 

was charged with violation of the Tenure of Office Act, which purported 

to limit the President’s authority to remove members of his own Cabinet. 

Johnson, believing the Act unconstitutional, removed Secretary of War Stanton and was impeached by the House three days later. Johnson was acquitted in the Senate. 3 Hinds §§ 2440, 2443. 

A serious abuse of the powers of the office was a charge included 

among the recommended articles impeaching President Nixon in 1974. The 

Committee on the Judiciary found that his conduct ‘‘constituted a repeated 

and continuing abuse of the powers of the Presidency in disregard of the 

fundamental principle of the rule of law in our system of government.’’ 

Deschler Ch 14 § 3.7. 

The House adopted an article of impeachment against President Clinton 

alleging that he obstructed justice in the course of a Federal civil action. 

However, the House rejected an article of impeachment against President 

Clinton alleging that he engaged in conduct that resulted in abuse of his office by inadequately responding to 81 written questions posed by the Committee on the Judiciary. 105-2, H. Res. 611, Dec. 19, 1998, pp 28110-12; 

105-2, H. Rept. 105-830, p 121. President Clinton was acquitted by the Senate on that article adopted by the House. 106-1, Feb. 12, 1999, p 2375-79. 

Behavior Grossly Incompatible with the Office 

Judge John Pickering was impeached by the House in 1803 for errors 

in a trial in violation of his trust and duty as a judge, and for appearing 

on the bench during the trial in a state of intoxication and using profane 

language. Pickering was convicted in the Senate and removed from office. 

3 Hinds §§ 2319-2341. 

Associate Supreme Court Justice Samuel Chase was impeached by the 

House in 1804. The House charged Chase with permitting his partisan views 

to influence his conduct in certain trials. His conduct was alleged to be a 

serious breach of his duty to judge impartially and to reflect on his competence to continue to exercise the power of the office. Chase was acquitted 

in the Senate. 3 Hinds §§ 2342-2363. 

Judge West Humphreys was impeached by the House and convicted in 

the Senate in 1862 on charges that he joined the Confederacy without resigning his Federal judgeship. Judicial prejudice against Union supporters 

also was alleged. 3 Hinds §§ 2385-2397. 

Judge Mark W. Delahay was impeached by the House in 1873 for 

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§ 4 HOUSE PRACTICE

actions. He resigned prior to the commencement of proceedings in the Senate. 3 Hinds §§ 2504, 2505. 

Judge George English was impeached by the House in 1926 for showing judicial favoritism and for failure to give impartial consideration to cases 

before him. It was alleged that his favoritism had created distrust of his official actions and destroyed public confidence in his court. 6 Cannon §§ 544- 

547. Judge English resigned before commencement of trial by the Senate, 

and the proceedings were discontinued. 

Judge Samuel B. Kent was impeached in the House in 2009 for sexual 

misconduct with court employees, and for making false statements relating 

to such conduct to federal officials. Judge Kent resigned just after commencement of trial in the Senate, and the proceedings were discontinued. 

111-1, July 22, 2009, p ll. 

The House adopted an article of impeachment against President Clinton 

alleging that he prevented, obstructed, and impeded the administration of 

justice in a Federal civil action. 105-2, Dec. 19, 1998, pp 28110-12. President Clinton was acquitted by the Senate of that article of impeachment. 

106-1, Feb. 12, 1999, pp 2375-79. 

Using the Office for an Improper Purpose or Personal Gain 

In 1826 Judge James Peck was impeached by the House for taking action against a lawyer who had publicly criticized one of his decisions, imprisoning him, and ordering his disbarment. The House charged that such 

conduct was unjust, arbitrary, and beyond the scope of his judicial duties. 

Peck was acquitted in the Senate. 3 Hinds §§ 2364-2366. Vindictive use of 

power also constituted an element of the charges in the articles of impeachment voted against Judge Charles Swayne in 1903. It was alleged that he 

maliciously and unlawfully imprisoned two lawyers and a litigant for contempt. 3 Hinds §§ 2469-2485. 

Several impeachments have alleged the use of office for personal gain 

or the appearance of financial impropriety while in office. Secretary of War 

William Belknap was impeached by the House in 1876 for receiving substantial payments in return for his making of an appointment. He was acquitted in the Senate. 3 Hinds §§ 2444-2468. 

The use of office for direct or indirect personal monetary gain was also 

involved in the impeachments of Judges Charles Swayne (1903), Robert 

Archbald (1912), George English (1926), Harold Louderback (1932), Halsted Ritter (1936), Samuel Kent (2009), and Thomas Porteous (2010). Judge 

Swayne was charged with falsifying expense accounts. Judge Archbald was 

charged with using his office to secure business favors from litigants and 

potential litigants before his court. Judges English, Louderback, and Ritter 

599 

CHAPTER 27—IMPEACHMENT § 4 

were charged with misusing their power to appoint and set the fees of bankruptcy receivers for personal profit. 3 Hinds §§ 2469-2485 (Swayne); 6 Cannon §§ 498-512 (Archbald); §§ 544-547 (English); §§ 513-524 (Louderback); 

74-2, Jan. 14, 1936, p 5602 (Ritter). 

In 1986 the House agreed to a resolution impeaching Federal District 

Judge Harry Claiborne, who had been convicted of falsifying Federal income tax returns. His final appeal was denied by the Supreme Court and 

he began serving his prison sentence. Because he declined to resign, however, Judge Claiborne was still receiving his judicial salary and, absent impeachment, would resume the bench on his release from prison. Consequently, a resolution of impeachment was introduced and the Committee 

on the Judiciary reported to the House four articles of impeachment against 

Judge Claiborne. The resolution was called up as a question of privilege and 

adopted. After trial in the Senate, Judge Claiborne was convicted on three 

of the four articles of impeachment and removed from office on October 

9, 1986. Manual § 176. 

In the 100th Congress, the House agreed to a resolution reported from 

the Committee on the Judiciary impeaching Federal District Judge Alcee 

Hastings. The resolution specified 17 articles of impeachment, some of them 

addressing allegations of which the judge had been acquitted in a Federal 

criminal trial. 100-2, H. Res. 499, Aug. 3, 1988, p 20206. The judge was 

convicted in a trial before the Senate in the 101st Congress. 101-1, Oct. 20, 

1989, pp 25329-35. 

In 1989 the House voted to impeach Federal District Judge Walter L. 

Nixon, Jr., after he had been convicted on two counts of perjury before a 

grand jury about his relationship to a man whose son was being prosecuted 

for drug smuggling. The impeachment resolution charged that Judge Nixon 

had given false information about whether he had discussed the case with 

the local district attorney and attempted to influence its outcome. 101-1, 

May 10, 1989, p 8814. The Senate convicted Judge Nixon on two of the 

three articles of impeachment and removed him from office. 101-1, Nov. 3, 

1989, pp 27102-4. 

In 2010 the House voted to impeach Federal District Judge Thomas 

Porteous for engaging in corrupt financial relationships with attorneys and 

other court officials, knowingly making false statements in bankruptcy proceedings, and knowingly making false statements to the United States Senate and the Federal Bureau of Investigation regarding his nomination to the 

office of District Judge. The Senate convicted him on all four articles of 

impeachment and removed him from office. 111-2, Dec. 8, 2010, p ll. 

600 

§ 4 HOUSE PRACTICE

Noncriminal Misconduct 

In the history of impeachments under the Constitution, the most closely 

debated issue has been whether impeachment is limited to offenses indictable under the criminal law—or at least to offenses that constitute crimes— 

or whether the word ‘‘Misdemeanors’’ in the impeachment clause extends 

to noncriminal misconduct as well. Although the precedents are not entirely 

uniform, the majority clearly favor the broader definition. As stated in the 

Ritter impeachment, the modern view is that the provision for impeachment 

in the Constitution applies not only to high crimes and misdemeanors as 

those words were understood at common law, but also to acts that, though 

not defined as criminal, adversely affect the public interest. 69-1, H. Rept. 

69-653, pp 9, 10. 

The historical evidence establishes that the phrase ‘‘high crimes and 

misdemeanors’’—which over a period of centuries evolved into the English 

standard of impeachable conduct—had a special and distinctive meaning, 

and referred to a category of offenses that subverted the system of government. Deschler Ch 14 App. p 724. The American experience with impeachment likewise reflects the view that impeachable conduct need not be criminal. Of the 19 impeachments voted on by the House since 1789, at least 

11 involved one or more allegations that did not charge a violation of criminal law. Deschler Ch 14 App. p 725. The impeachment of Judge Pickering 

in 1803 was the first such proceeding to result in conviction and was based, 

at least in part, on noncriminal misconduct. The first three articles involved 

a series of flagrant errors on the part of the judge in his conduct of a case. 

3 Hinds § 2319. Similarly, in 1974, in recommending articles impeaching 

President Nixon, the House Committee on the Judiciary concluded that the 

President could be impeached not only for violations of Federal criminal 

statutes but also for abuse of the power of his office and for refusal to comply with proper subpoenas of the committee. Deschler Ch 14 § 3.7. 

Less than one-third of all the articles the House has adopted have explicitly charged the violation of a criminal statute or used the word ‘‘criminal’’ or ‘‘crime’’ to describe the conduct alleged. Much more common in 

the articles are allegations that the officer has violated specific duties or an 

oath or seriously undermined public confidence in such officer’s ability to 

perform his official functions. Deschler Ch 14 App. p 723. 

The theory of the proponents of impeachment of President Johnson was 

succinctly put by one of the managers in the Senate trial: 

An impeachable high crime or misdemeanor is one in its nature or consequences subversive of some fundamental or essential principle of government or highly prejudicial to the public interest, and this may consist 

of a violation of the Constitution, of law, of an official oath, or of duty, 

601 

CHAPTER 27—IMPEACHMENT § 5 

by an act committed or omitted, or, without violating a positive law, by 

the abuse of discretionary powers from improper motives or for an improper purpose. 

The Constitution of the United States of America—Analysis and Interpretation, p 615, Government Printing Office, 2002. 

The House adopted an article of impeachment against President Clinton 

alleging that he gave perjurious, false, and misleading testimony to a Federal 

grand jury. However, the House rejected an article of impeachment against 

President Clinton alleging that he gave perjurious, false, and misleading 

written and deposed testimony in a Federal civil action. 105-2, H. Res. 611, 

Dec. 19, 1998, pp 28110-12. Some argued that neither allegation could be 

the subject of a successful criminal prosecution and thus would not be sufficient to establish an impeachable offense. 105-2, H. Rept. 105-830, p 211. 

§ 5. Effect of Adjournment 

An impeachment may proceed only when Congress is in session. 3 

Hinds §§ 2006, 2462. However, an impeachment proceeding does not expire 

with adjournment. An impeachment proceeding begun in the House in one 

Congress may be resumed in the next Congress. 3 Hinds § 2321; 111-1, Jan. 

13, 2009, p ll. An official impeached by the House in one Congress may 

be tried by the Senate in the next Congress. Manual § 620; 3 Hinds §§ 2319, 

2320. 

Although impeachment proceedings may continue from one Congress to 

the next, the authority of the managers appointed by the House expires at 

the end of a Congress; and managers must be reappointed when a new Congress convenes. Manual § 620. Managers on the part of the House are reappointed by resolution. Manual § 604; Deschler Ch 14 § 4.2. Thus, the articles of impeachment against Judge Alcee Hastings were presented in the 

Senate during the second session of the 100th Congress (100-2, Aug. 3, 

1988, p 20223) but were still pending trial by the Senate in the 101st Congress, when the House reappointed managers (101-1, Jan. 3, 1989, p 84). 

The articles of impeachment against President Clinton were presented to the 

Senate after the Senate had adjourned sine die for the 105th Congress, and 

the Senate conducted the trial in the 106th Congress. Manual § 620. 

602 

§ 6 HOUSE PRACTICE

B. Procedure in the House 

§ 6. In General; Initiation and Referral of Charges 

Generally 

Under the modern practice, an impeachment is normally instituted by 

the House by the adoption of a resolution calling for a committee investigation of charges against the officer in question. This committee may, after 

investigation, recommend the dismissal of charges or it may recommend impeachment. Impeachment—Selected Materials, Committee on the Judiciary, 

H. Doc. No. 93-7, Oct. 1973, p 699. A resolution recommending impeachment is reported to the House simultaneously with the articles of impeachment setting forth the grounds for the proposed action. § 8, infra. Following 

the adoption of a resolution to impeach, the House appoints managers to 

conduct the impeachment trial in the Senate. The Senate is then informed 

of these facts by resolution. Manual § 607; Deschler Ch 14 § 9. When this 

resolution reaches the Senate, the Senate advises the House as to when the 

Senate will receive the managers appointed by the House. The managers 

then present themselves and the impeachment articles to the Senate, the 

House reserving the right to file additional articles later. Manual § 608a; 

Deschler Ch 14 §§ 10, 11. 

Initiation of Charges 

In most cases, impeachment proceedings in the House have been initiated either by introducing a resolution of impeachment through the hopper 

or by offering a resolution of impeachment on the floor as a question of 

the privileges of the House. Manual § 603; Deschler Ch 14 § 5. 

In the House, various events have been credited with setting an impeachment in motion, including: 

0 Charges initiated by a petition from one or more citizens and referred to 

committee. 3 Hinds §§ 2364, 2491, 2494. 

0 Charges transmitted in a message from the President. 3 Hinds §§ 2294, 

2319; 6 Cannon § 498. 

0 Charges transmitted from the legislature of a State. 3 Hinds § 2469. 

0 Charges arising from a grand jury investigation. 3 Hinds § 2488. 

0 Charges arising from an independent counsel investigation under section 

595(c) of title 28, United States Code. Manual § 603. 

In the 93d Congress, Vice President Agnew used a letter to the Speaker 

to attempt to initiate an investigation by the House of charges against him 

of possible impeachable offenses, but the House took no action on the request. Manual § 603. 

603 

CHAPTER 27—IMPEACHMENT § 7 

In the 105th Congress, an independent counsel transmitted to the House 

under section 593 of title 28, United States Code, a communication containing evidence of alleged impeachable offenses by the President. The 

House adopted a privileged resolution reported by the Committee on Rules 

referring the communication to the Committee on the Judiciary, immediately 

releasing portions to the public, restricting Members’ access to the communication, and restricting access to committee meetings and hearings on the 

communication. Later, the House adopted a privileged resolution reported by 

the Committee on the Judiciary authorizing an impeachment inquiry by that 

committee. Manual § 603. 

Referral to Committee 

Resolutions introduced through the hopper that directly call for an impeachment are referred to the Committee on the Judiciary, whereas resolutions merely calling for a committee investigation with a view toward impeachment are referred to the Committee on Rules. Deschler Ch 14 §§ 5.10, 

5.11. In the 105th Congress the House adopted a privileged resolution reported by the Committee on Rules referring a communication from an independent counsel alleging certain impeachable offenses to the Committee on 

the Judiciary. Later, the House adopted a privileged resolution reported by 

the Committee on the Judiciary authorizing an impeachment inquiry by that 

committee. Manual § 603. 

All impeachments to reach the Senate since 1900 have been based on 

resolutions reported by the Committee on the Judiciary. Before that committee’s creation in 1813, impeachments were referred to a special committee 

for investigation. Manual § 603; 6 Cannon § 657. 

§ 7. Committee Investigations 

Committee impeachment investigations are governed by those portions 

of Rule XI relating to committee investigative and hearing procedures, and 

by any rules and special procedures adopted by the House and by the committee for the inquiry. Manual § 605; Deschler Ch 14 § 6.3. The House may 

by resolution waive or supplement a requirement of these rules in a particular case. In several recent instances, the House agreed to a resolution 

authorizing the counsel to the Committee on the Judiciary to take depositions of witnesses in an impeachment investigation and waiving the provision of Rule XI that requires at least two committee members to be present 

during the taking of such testimony. Deschler Ch 14 § 6.3; 105-2, H. Res. 

581, Oct. 8, 1998, p 24679; 110-2, H. Res. 1448, Sept. 17, 2008, p 19502; 

111-1, H. Res. 424, May 12, 2009, p ll. Authorities to conduct an invesVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00613 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
604 

§ 8 HOUSE PRACTICE

tigation in one Congress have been ‘‘re-invigorated’’ in a subsequent Congress. 111-1, H. Res. 15, Jan. 13, 2009, p ll. 

Under the earlier practice the committee sometimes made its inquiry ex 

parte. 3 Hinds §§ 2319, 2343, 2385. However, the modern trend is to permit 

the accused to testify, present witnesses, cross-examine witnesses, and be 

represented by counsel. 3 Hinds §§ 2445, 2470, 2471, 2501, 2518; Deschler 

Ch 14 § 6; 105-2, H. Rept. 105-830. Constitutionality, see § 9, infra. 

Confidentiality of Material; Access 

The House and the Committee on the Judiciary may adopt procedures 

to ensure the confidentiality of impeachment inquiry materials and to limit 

access to such materials. Deschler Ch 14 §§ 6.9, 15.3; 105-2, H. Res. 525, 

Sept. 11, 1998, pp 20020, 20021. Where a Federal court subpoenas certain 

evidence gathered by the committee in an impeachment inquiry, the House 

may adopt a resolution granting such limited access to the evidence as will 

not violate the privileges of the House or its sole power of impeachment 

under the Constitution. Deschler Ch 14 § 6.13. 

Subcommittee Investigations 

An investigative subcommittee charged with an impeachment inquiry is 

limited to the powers expressly authorized by the House or by the full committee. Deschler Ch 14 § 6.11; 105-2, H. Res. 581, Oct. 8, 1998, p 24679. 

After completing its investigation, the subcommittee ordinarily submits recommendations to the full committee as to whether impeachment is warranted. See, e.g., Final Report of the Special Subcommittee on H. Res. 920 

of the Committee on the Judiciary, 91-2, committee print, Sept. 17, 1970. 

Form 

For forms of resolutions authorizing an investigation of the sufficiency 

of grounds for impeachment and conferring subpoena power and authority 

to take testimony, see Deschler Ch 14 § 6. 

§ 8. Consideration in the House; Voting 

Generally 

The respondent in an impeachment proceeding is impeached by the 

adoption of the House of articles of impeachment. Only a majority vote is 

necessary, whereas a two-thirds vote of Members present is required in the 

Senate for conviction and removal. U.S. Const. art. I, § 3; Impeachment— 

Selected Materials, Committee on the Judiciary, H. Doc. No. 93-7, Oct. 

1973, p 700. In this regard, as is the usual practice, the committee’s recommendations as reported in the resolution are not binding on the House 

605 

CHAPTER 27—IMPEACHMENT § 8 

until they are adopted. In 1933 the House voted to impeach Judge Harold 

Louderback, even though the Committee on the Judiciary found insufficient 

grounds to warrant impeachment. 6 Cannon § 514. 

Impeachment Propositions as Privileged 

A resolution impeaching an officer is highly privileged under the Constitution and therefore supersedes other pending business, including an election contest. Manual § 604; 3 Hinds §§ 2045-2048, 2581; 6 Cannon § 468. 

Such a resolution, if reported, may be considered immediately in the House 

as a question of privilege. It is, therefore, not subject to the three-day layover requirement of rule XIII. Manual § 604. It does not lose its privilege 

from the fact that a similar proposition has been considered previously during the same session. 3 Hinds § 2408. However, a resolution offered from 

the floor simply proposing an investigation is not privileged, even though 

impeachment may be a possible consequence. 3 Hinds §§ 2050, 2546; 6 

Cannon § 463. 

Although charges or resolutions of impeachment are privileged, they 

cannot be presented while another Member has the floor unless yielded to 

for that purpose. Deschler Ch 14 § 5.2. A resolution of impeachment offered 

from the floor by a Member (other than the Majority or Minority Leader) 

is not privileged for immediate consideration because it is subject to the notice requirement of rule IX. Manual § 699. 

A committee to which resolutions of impeachment have been referred 

may report and call up as privileged resolutions incidental to the consideration of the impeachment question. Manual § 604; Deschler Ch 14 § 5.8. If, 

however, such a resolution is offered on the floor by a Member on such 

Member’s own initiative and not reported from the committee to which the 

impeachment has been referred, it is not privileged for immediate consideration because it is subject to the notice requirement of rule IX. See Manual 

§ 699. 

Propositions incidental to an ongoing impeachment proceeding taken up 

as privileged (3 Hinds § 2400) have included: 

0 Reports relating to the investigation (3 Hinds § 2402; Deschler Ch 14 

§ 8.2). 

0 Resolutions providing for the selection of managers (6 Cannon § 517). 

0 Propositions to abate an impeachment proceeding (6 Cannon § 514). 

0 Proposals to confer subpoena authority or to provide funding for the investigation (Manual § 604; 6 Cannon § 549). 

0 Resolutions authorizing depositions by committee counsel (Manual § 604). 

Following adoption of the articles of impeachment, the House adopts 

resolutions appointing managers to present the articles before the Senate, noVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00615 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
606 

§ 8 HOUSE PRACTICE

tifying the Senate of the adoption of articles and appointment of managers, 

and authorizing the managers to prepare for and to conduct the trial in the 

Senate. Manual § 607; 6 Cannon §§ 499, 500, 514, 517. These privileged incidental resolutions may be merged into a single indivisible privileged resolution. Manual § 607. 

On several occasions the Committee on the Judiciary, having been referred a question of impeachment, reported a recommendation that impeachment was not warranted and, thereafter, called up the report as a question 

of privilege. Deschler Ch 14 § 1.3. Under section 596(a) of title 28, United 

States Code, an independent counsel appointed to investigate the President 

may be impeached; and a resolution impeaching such independent counsel 

constitutes a question of the privileges of the House under rule IX. Manual 

§ 604. 

Debate; Motions 

Propositions of impeachment are considered under the general rules of 

the House applicable to other simple House resolutions, unless the House 

otherwise provides by special order of business. Deschler Ch 14 § 8; 105- 

2, Dec. 18, 1998, pp 27846, 27847. Since 1912, the House has considered 

the resolution together with the articles of impeachment. Deschler Ch 14 

§ 8.2. The House may consider the resolution and articles under a unanimous-consent agreement fixing and controlling the time for debate. Deschler 

Ch 14 §§ 8.1, 8.4; 105-2, Dec. 18, 1998, pp 27846, 27847. The motion for 

the previous question and the motion to recommit are applicable, and a separate vote may be demanded on each article of impeachment contained in 

the resolution. Manual § 606a; Deschler Ch 14 §§ 8.8-8.10. The resolution 

also is subject to a motion to lay on the table before debate thereon. Deschler-Brown Ch 29 § 1.15. 

A wide range of debate is permitted on impeachment proposals, and a 

Member may refer to the political, social, and even the familial background 

of the accused. Deschler Ch 14 § 8.5. However, Members must abstain from 

language personally offensive. Manual § 370. Furthermore, Members must 

abstain from references to the personal conduct of sitting Members of the 

House or Senate. Manual § 370. 

To a privileged resolution of impeachment, an amendment in the motion 

to recommit proposing instead to censure (which is not privileged) was held 

not germane. Manual § 604. 

607 

CHAPTER 27—IMPEACHMENT § 9 

C. Procedure in the Senate 

§ 9. In General 

The sole power to try impeachments is vested in the Senate under the 

Constitution. U.S. Const. art. I, § 3, cl. 6. On the day of the trial, the Senate 

resolves itself into a court for the trial of the impeachment. Deschler Ch 

14 § 11.5. The President of the Senate presides over the trial, except in the 

case of the impeachment of the President of the United States or the Vice 

President, in which case the Chief Justice presides. Deschler Ch 14 § 11. 

Upon organization of the court, the managers appear and the trial of the case 

proceeds. In the later practice, the resolution and articles of impeachment 

have been considered together and exhibited simultaneously in the Senate 

by the House managers. 6 Cannon §§ 501, 515; Deschler Ch 14 § 11. Objections to the articles of impeachment on the ground that they duplicate and 

accumulate separate offenses have been overruled. Deschler Ch 14 §§ 3.4, 

13.6. 

For precedents relating to the conduct of Senate impeachments, see S. 

Doc. 93-102, ‘‘Procedure and Guidelines for Impeachment Trials in the 

United States Senate.’’ For a detailed description of the impeachment trial 

against President Clinton, see Manual § 608a. 

The presentation of the evidence follows a traditional sequence. The 

evidence against the accused is first presented by the managers. Evidence 

in defense is then presented by the accused, and the concluding evidence 

is presented by the managers. The accused is permitted to testify in answer 

to the charges contained in the articles. 6 Cannon §§ 511, 524; Deschler Ch 

14 § 12.11. Counsel are permitted to appear, to be heard, to argue on preliminary and interlocutory questions, to deliver opening and final arguments, 

to submit motions, and to present evidence and examine and cross-examine 

witnesses. Deschler Ch 14 § 12. House counsel did not participate in the 

trial of President Clinton. 

The use of a Senate committee in judicial impeachment proceedings 

does not violate any constitutional rights or offend fundamental notions of 

justice. Hastings v. United States Senate, Impeachment Trial Committee, 716 

F. Supp. 38 (D.D.C. 1989). In one recent case, the court denied the claim 

of a former Federal judge that conviction voted by the Senate on two articles of impeachment adopted by the House was void because the judge was 

not afforded trial before the ‘‘full’’ Senate, rather than before a Senate committee. The court ruled that the Senate’s denial of the former judge’s motion 

for hearing before the full Senate, while according him the opportunity to 

present and cross-examine witnesses before the 12-member committee, and 

608 

§ 10 HOUSE PRACTICE

an opportunity to argue both personally and by counsel before the full Senate, did not make the controversy justiciable or the claim meritorious. Nixon 

v. United States, 744 F. Supp. 9 (D.D.C. 1990), aff’d 938 F.2d 239 (D.C. 

Cir. 1991), aff’d 506 U.S. 224 (1993). 

At the conclusion of the evidence, there is argument, followed by deliberation by the Senate in executive session and a vote in open session. 

Deschler Ch 14 § 13. Before the vote, the proceedings may be dismissed 

in the Senate on the advice of the House managers. Deschler Ch 14 § 2.2. 

§ 10. Voting and Judgment 

Under the Constitution, a two-thirds vote of Senators present is required 

to convict an accused on an article of impeachment. The articles are voted 

on separately under the Senate rules. U.S. Const. art. I, § 3, cl. 6; Deschler 

Ch 14 § 13. The yeas and nays are taken on each article. 3 Hinds §§ 2098, 

2339. In some instances, the Senate has adopted an order to provide a method of voting and putting the question separately and successively on each 

article. 6 Cannon § 524; Deschler Ch 14 § 13.2. 

The Constitution provides for removal from office on conviction and 

also allows the further judgment of disqualification from holding further office. U.S. Const. art. I, § 3, cl. 7. No vote is required on removal following 

conviction, since removal follows automatically from conviction under this 

constitutional provision. Deschler Ch 14 § 13.9. However, the further judgment of disqualification from holding future office requires a majority vote. 

Deschler Ch 14 § 13.10. The Senate has held that a question on removal 

and disqualification is divisible. 3 Hinds § 2397; 6 Cannon § 512. 

The impeachment and removal from office of a Federal District Judge 

did not necessarily disqualify him from holding office as a Member of the 

House, absent any specific action taken by the Senate to disqualify him from 

future Federal office. Waggoner v. Hastings, 816 F. Supp. 716 (S.D. Fla. 

1993). 

609 

Chapter 28 

Journal 

§ 1. Generally; Publication 

§ 2. Matters Entered in the Journal 

§ 3. — Votes and Quorum Calls 

§ 4. Reading and Approval 

§ 5. — Precedence; Interruptions 

§ 6. Motion That the Journal Be Read 

§ 7. Reading Practices and Customs 

§ 8. Motion to Approve 

§ 9. Amendments and Corrections 

Research References 

U.S. Const. art. I, § 5 

4 Hinds §§ 2726-2883 

6 Cannon §§ 623-637 

Deschler Ch 5 §§ 8-14 

Manual §§ 68-74a, 582, 583, 621, 902 

§ 1. Generally; Publication 

The Journal is a record of the proceedings of each legislative day in 

the House. The Journal—and not the Congressional Record—is the official 

record of the proceedings of the House. Manual § 582; 4 Hinds § 2727. Certified copies thereof are admissible in judicial proceedings. 28 USC § 1736. 

The Constitution requires the House to keep a Journal and publish it 

excepting such matters as may require secrecy. U.S. Const. art. I, § 5. The 

purpose of this constitutional requirement is to ensure that the proceedings 

of the House be a matter of public record. Deschler Ch 5 § 8. 

§ 2. Matters Entered in the Journal 

The content of the Journal is governed by the Constitution, by statute, 

and by the rules and practices of the House. Deschler Ch 5 § 10. The Constitution sets forth the general requirement that the ‘‘proceedings’’ of the 

House be kept in the Journal. U.S. Const. art. I, § 5; Manual § 68. It further 

610 

§ 2 HOUSE PRACTICE

specifies that the Journal reflect votes taken by the yeas and nays, as well 

as veto messages from the President. U.S. Const. art. I, § 7. Since such matters are always entered in the Journal, no motion or request to that effect 

is necessary. § 3, infra; Deschler Ch 5 § 10.4. Except as limited by these 

constitutional requirements, the House has the discretion to determine the 

content and format of its Journal, and it controls the extent to which House 

business is particularized therein. Deschler Ch 5 § 10. 

Exclusions 

The Journal records House actions and proceedings. It is not a verbatim 

transcript. Deschler Ch 5 §§ 10.2, 10.3. It does not include: 

0 The rationale for, or all the circumstances attending, House action. 4 Hinds 

§§ 2811, 2812. 

0 Verbatim accounts of debate and special-order speeches. Deschler Ch 5 

§ 10.3. 

0 The deliberations of the Committee of the Whole, except for recorded 

votes. 

0 Unanimous-consent requests that meet with objection. Deschler Ch 5 

§ 10.2. 

0 Motions that are not entertained. 4 Hinds §§ 2813, 2844. 

0 Parliamentary inquiries. 4 Hinds § 2842. 

Inclusions 

Proceedings that are reflected in the Journal include: 

0 Public bills, resolutions, and documents introduced and referred under the 

rules, by number, title, and committee of reference. Manual § 816. 

0 Private bills, petitions, and memorials introduced and referred, with the exception of those measures of obscene or insulting character. Manual 

§ 818. 

0 The name of the Member introducing the measure, together with the words 

‘‘by request,’’ if appropriate. Deschler Ch 5 § 10.7. 

0 Special orders of business providing for the consideration of a measure. 

0 The disposition of measures called up for consideration in the House or 

Committee of the Whole. 

0 Questions of order arising during the proceedings of the House. Manual 

§ 647. 

0 Reports of committees delivered to the Clerk for printing and reference, by 

title or subject. Manual § 831. 

0 Motions entertained by the Speaker—including motions to amend—unless 

withdrawn on the same day. Manual §§ 580, 902. 

0 Motions to discharge when signed by the requisite number. Manual § 892. 

0 The discharge of the Committee of the Whole from the further consideration of a bill. Deschler Ch 5 § 10.9. 

611 

CHAPTER 28—JOURNAL § 4 

0 Presentation of conference reports and the disposition thereof. Manual 

§ 542. 

0 Messages from the Senate or from the President, including veto messages. 

U.S. Const. art. I, § 7; Manual § 815. 

0 Unanimous-consent requests agreed to by the House, and action taken pursuant thereto. 

0 The names of Members managing debate in the House under a special 

order of business and the time allocated therefor. 

0 Expungements from the Congressional Record ordered by the House. 

Deschler Ch 5 § 10.10. 

0 Disciplinary censure of a Member pursuant to order of the House. 2 Hinds 

§ 1251. 

0 The time of adjournment. Manual § 647. 

0 Announcements by the Speaker of the whole number of the House. 

§ 3. — Votes and Quorum Calls 

The Constitution requires that votes taken by the yeas and nays be entered in the Journal. U.S. Const. art. I, § 5. The Journal also records the result of other votes and states in general terms the subject of those votes. 

4 Hinds § 2804. The Journal also discloses: 

0 The names of those Members voting on each side of the question, as well 

as those not voting, when a recorded vote is taken pursuant to rule XX. 

Manual § 1014. 

0 The names of those Members recorded on a quorum call taken pursuant 

to clause 2 of rule XX. Manual § 1014. 

0 The names of those Members recorded by tellers when the Speaker directs 

a vote be taken by this procedure in lieu of the electronic system. Manual § 1019. 

0 The names of those Members voluntarily appearing to be recorded as 

present when a call of the House is conducted under clause 5 of rule 

XX. Manual § 1021. 

0 The names of those Members recorded as absent after a quorum call. Manual § 1019. 

0 The names of those present sufficient to establish a quorum. Manual 

§ 1020. 

§ 4. Reading and Approval 

Pursuant to clause 1 of rule I, the Speaker is authorized to announce 

the approval of the Journal. The Speaker’s approval of the Journal is 

deemed agreed to subject to a vote on demand of any Member. Manual 

§ 621. 

612 

§ 4 HOUSE PRACTICE

SPEAKER: The Chair has examined the Journal of the last day’s proceedings and announces to the House [his] [her] approval thereof. Pursuant to clause 1 of rule I, the Journal stands approved. 

MEMBER: Ml. Speaker, pursuant to clause 1 of rule I, I demand a vote 

on agreeing to the Speaker’s approval of the Journal. 

SPEAKER: The question is on agreeing to the Speaker’s approval of the 

Journal. Those in favor will say ‘‘Aye,’’ those opposed ‘‘No.’’ The ‘‘ 

ll ’’ have it. 

MEMBER: Ml. Speaker, I ask for the Yeas and Nays . . . [or] . . .

I object to the vote on the ground that a quorum is not present and make 

a point of order that a quorum is not present. 

Since the approval of the Journal is legislative business and is in order only 

in legislative sessions, it is not in order when the House has precluded any 

legislative business during a pro forma session. 96-2, Jan. 7, 1980, p 25. 

By unanimous consent, the House has also precluded the approval of the 

Journal during morning-hour debates. 

At one time, the reading of the Journal of each legislative day was mandatory and could be dispensed with only by unanimous consent or under 

suspension of the rules. 4 Hinds § 2747; 6 Cannon § 625. Today, however, 

the Journal is considered as read after the Speaker’s approval thereof. Manual § 621. However, if the Speaker’s approval is disagreed to, clause 1 of 

rule I authorizes one motion that the Journal be read. § 6, infra. When the 

reading is ordered, a motion to amend the Journal is in order after the reading is completed. § 9, infra. 

The Speaker’s announcement of the approval of the Journal no longer 

requires the presence of a quorum. Manual § 621. However, if a Member 

objects to a vote on the question of approval, reading, or amendment of the 

Journal on the grounds that a quorum is not present, and a quorum is not 

present, a record vote is automatic. Clause 6(a) of rule XX. That vote may 

be postponed to a designated place within the same legislative day under 

clause 8(a) of rule XX. The vote may not be reconsidered under clause 1 

of rule I. 

Since the Journal is the official record of the proceedings of the House, 

its approval is not subject to the requirement that it correspond with the 

Congressional Record. Deschler Ch 5 § 14.2. The Journal is controlling in 

the event of a discrepancy between the Journal and the Record. Deschler 

Ch 5 § 8.1. There should be no delay in the approval of the Journal merely 

because its description of an action taken is inconsistent with the description 

of the same matter in the Record. Deschler Ch 5 § 14.2. The reading of the 

Journal may not be interrupted by a request to correct the Record. Deschler 

Ch 5 § 12.23. 

613 

CHAPTER 28—JOURNAL § 6 

§ 5. — Precedence; Interruptions 

When the House convenes for a new legislative day, the approval of 

the Journal is the first order of business after the daily prayer, even if it 

is the second legislative day on the same calendar day. Manual § 869. It 

follows that the transaction of House business, however highly privileged, 

is not in order before such approval. Deschler Ch 21 § 2.12. Thus, the approval of the Journal takes precedence over reports from the Committee on 

Rules, as well as the presentation of conference reports. Manual § 1077; 6 

Cannon § 630; Deschler Ch 5 § 12.2. Similarly, motions incident to the approval of the Journal, such as a motion to amend it, take precedence over 

motions relating to the consideration of bills. Deschler Ch 5 § 18.8. However, certain procedural matters are permitted to intervene even though the 

approval of the Journal is pending. They include: 

0 Simple motions to adjourn. Deschler Ch 5 § 12.3. 

0 Administration of the oath to a Member-elect. Deschler Ch 5 § 12.5. 

0 Parliamentary inquiries. Deschler Ch 5 § 12.15. 

0 The reception of messages from the Senate (Deschler Ch 5 § 12.12) or the 

President (Deschler Ch 5 § 12.20). 

0 Questions of privilege affecting the House collectively. 2 Hinds § 1630. 

0 Arraignments of impeachment. 6 Cannon § 469. 

The House may by unanimous consent specifically authorize that certain 

proceedings be taken up prior to the Journal, or the Speaker may declare 

a short recess under clause 12 of rule I. Deschler Ch 5 § 12.8. The Speaker 

has the discretion to entertain unanimous-consent requests made before the 

taking up of the Journal, but may decline to do so if a reading thereof is 

pending. Deschler Ch 5 §§ 12.9, 12.11. 

Where the House adjourns on consecutive days without having approved the Journal of the previous day’s proceedings, the Speaker puts each 

question de novo in chronological order as the first order of business after 

the daily prayer on the subsequent day. Manual § 621. 

§ 6. Motion That the Journal Be Read 

If the Speaker’s approval of the Journal is disagreed to under clause 1 

of rule I, one motion that the Journal be read is in order: 

MEMBER: Ml. Speaker, I move that the Journal be read. 

SPEAKER: The question is, shall the Journal be read? 

The motion is privileged but not debatable and may not be reconsidered. Manual § 621; Deschler-Brown Ch 29 § 6.38. 

614 

§ 7 HOUSE PRACTICE

§ 7. Reading Practices and Customs 

Journal readings are conducted in accordance with the customs of the 

House. Deschler Ch 5 § 11.1. When the Clerk reads the Journal for the previous day, the Clerk omits such matters as the names of Members responding to record votes and the texts of messages received. The reading of the 

Journal by the Clerk may be terminated by unanimous consent. Deschler Ch 

5 § 11; 101-2, Mar. 19, 1990, p 4488. It also may be suspended temporarily 

or waived in the event of disorder on the floor or pending a discussion of 

the validity of the previous day’s adjournment. 2 Hinds § 1630; 4 Hinds 

§ 2759. Members may, however, demand that the Journal be read in full. 

Deschler Ch 5 § 11.3. 

§ 8. Motion to Approve 

A motion to approve the Journal is ordinarily unnecessary under the 

modern practice of the House, because the Speaker is authorized under 

clause 1 of rule I to examine it and announce approval thereof. However, 

the Speaker’s approval may be put to a vote on demand of a Member. Manual § 621. If the Speaker’s approval is disagreed to, and a reading of the 

Journal is completed, a motion that the Journal be approved as read may 

be entertained: 

MEMBER [after the Clerk has concluded the reading of the Journal]: 

Ml. Speaker, I move that the Journal as read stand approved. 

SPEAKER: The question is, shall the Journal of the last day’s proceedings stand approved? 

If the motion to approve is adopted by the House, further motions incident to the reading or correction of the Journal are out of order. If the motion to approve is rejected by the House, the Journal is subject to amendment unless the previous question is ordered. § 9, infra. 

The motion to approve the Journal as read should be made when the 

Clerk completes the reading, but the Speaker may entertain such a motion, 

even though it interrupts the reading, in the absence of a timely objection 

thereto. Deschler Ch 5 §§ 14.3-14.6. 

The motion to approve is debatable until the previous question is ordered on that motion. 

The motion to approve may be disposed of by the adoption of a motion 

to lay on the table, even though the previous question has been demanded 

on the motion to approve. Deschler Ch 5 § 14.8. In such cases the motion 

to table the motion to approve is entertained first. Deschler Ch 5 § 14.8. 

615 

CHAPTER 28—JOURNAL § 9 

§ 9. Amendments and Corrections 

Errors or omissions in the previous day’s Journal may be corrected by 

motion or by unanimous consent: 

MEMBER [after obtaining recognition]: Ml. Speaker, I move to amend 

the Journal by inserting [or by striking or by striking and inserting]. 

The Member offering the motion is recognized under the hour rule. Manual 

§ 621. The motion to amend the Journal is in order after the Journal has 

been read. The motion to amend is not in order after the approval of the 

Journal by the House. The motion to amend takes precedence over the motion to approve but will not be admitted after the previous question on the 

motion to approve has been demanded. Manual § 621; Deschler Ch 5 

§§ 13.2, 13.3. 

Matters extraneous to the Journal, such as an expression of an opinion 

by a Member as to a ruling made by the Chair on the previous legislative 

day, may not be offered by way of the motion to amend. 4 Hinds § 2848. 

The motion to amend is applicable only to the Journal of the previous 

day. Corrections relating to a Journal of a prior legislative day are made 

by unanimous consent. Deschler Ch 5 § 13. 

An amendment to the Journal, such as a motion to expunge a portion 

thereof, should not be used as a substitute for a motion to reconsider. 4 

Hinds § 2790. However, the House may decide what constitutes its proceedings, even to the extent of omitting things actually done or of recording 

things not done. Manual § 71; 4 Hinds § 2784. None of the rulings on permissible amendments to correct the Journal had the effect of collaterally 

changing the tabling of a motion to reconsider. Manual § 71. 

617 

Chapter 29 

Lay on the Table 

§ 1. In General; Effect 

§ 2. When in Order 

§ 3. Precedence 

§ 4. Application to Particular Propositions 

§ 5. Application to Particular Motions 

§ 6. Offering the Motion; Debate and Disposition 

§ 7. Collateral Matters Carried to the Table 

§ 8. Taking From the Table; Reconsideration 

Research References 

5 Hinds §§ 5389-5442 

8 Cannon §§ 2649-2660 

Deschler Ch 23 §§ 9-13 

Manual §§ 445, 911, 914 

§ 1. In General; Effect 

The motion to table (or, under the more formal terminology of clause 

4 of rule XVI, to ‘‘lay on the table’’) is used to summarily and adversely 

dispose of a proposition pending in the House. Manual § 914; Deschler Ch 

23 § 9.1. The table referred to in rule XVI is the Clerk’s table, not the 

Speaker’s table. 5 Hinds § 5389 (note). 

The language ‘‘to lay on the table’’—to the extent that it implies that 

the tabled matter is only temporarily in abeyance—is misleading. The motion is not used simply to put aside a pending matter. The action of the 

House in adopting the motion to table a proposition is equivalent to a final 

adverse disposition thereof, and does not merely represent a refusal to consider it. Deschler Ch 23 § 9.1; 95-2, Aug. 15, 1978, p 26204. In this respect 

the House practice differs from general parliamentary usage, which permits 

the use of the motion to temporarily suspend consideration of a matter. 

Under the modern practice in the House, a tabling action is ordinarily as 

much a final adverse decision as a negative vote on the passage of a bill. 

5 Hinds § 6540 (note). With few exceptions, matters laid on the table may 

618 

§ 2 HOUSE PRACTICE

be taken therefrom only by unanimous consent or by a motion to suspend 

the rules. § 8, infra. The pending proposition being disposed of finally and 

adversely, the adoption of the motion may have the effect of depriving a 

Member of the right to debate a proposition previously offered. Deschler Ch 

23 § 9.2. 

If the House rejects the motion to table a proposition, the proposition 

is before the House for disposition. Deschler Ch 23 §§ 9.19, 12.3. The rejection of a motion to lay on the table does not constitute a ‘‘decision’’ on 

the underlying proposition; thus, withdrawal of the proposition after such rejection is permissible. 103-2, Mar. 17, 1994, pp 5402, 5403. 

§ 2. When in Order 

The motion to table is in order only in the House and not in the Committee of the Whole. 4 Hinds §§ 4719, 4720; 8 Cannon §§ 2330, 2556a; 

Deschler Ch 23 §§ 9.29, 9.30. It does not apply to motions to go into the 

Committee of the Whole. 6 Cannon § 726. It is not applicable to propositions that are not debatable or amendable, except a motion to discharge 

a resolution of inquiry. Manual § 914; 5 Hinds § 5407. 

A motion to table a proposition is in order after the proposition is called 

up for consideration but before debate thereon. 95-2, July 13, 1978, p 

20606; 98-2, Oct. 4, 1984, p 30042. The motion is in order before the Member entitled to prior recognition for debate on the pending proposition has 

begun debate. 5 Hinds §§ 5393-5395; 6 Cannon § 412; 8 Cannon § 2649. 

The motion comes too late after the Chair has put the question on the pending proposition and asked for a vote. 96-1, Sept. 20, 1979, p 25512; cf. 109- 

2, June 22, 2006, pp 12298, 12299. The motion is in order after the previous 

question has been moved on the pending proposition but may not be made 

after the previous question has been ordered or after the yeas and nays have 

been ordered thereon. 5 Hinds §§ 5408, 5415-5422; 8 Cannon § 2655; 

Deschler Ch 23 § 9. 

§ 3. Precedence 

Generally 

Under the rule, the motion to table is preferential. Deschler Ch 23 §§ 9, 

11.2. It yields to the motion to adjourn and to the question of consideration. 

Manual § 911; 5 Hinds § 4943; Deschler Ch 23 § 9. However, it enjoys precedence over the motions for the previous question, to postpone, to refer, and 

to amend. Clause 4 of rule XVI; Manual § 911. A motion to table a measure 

is thus of higher privilege than a motion to refer the measure to a committee. 5 Hinds § 5303; Deschler Ch 23 § 12.5. 

619 

CHAPTER 29—LAY ON THE TABLE § 4 

As Related to the Motion for the Previous Question 

Pending the ordering of the previous question on a proposition that is 

under debate, the motion to table the proposition is preferential and is voted 

on first. Manual § 914; Deschler Ch 23 §§ 9.11, 12.1. Although a motion 

to table is not in order after the previous question has been ordered on a 

pending proposition, if the previous question is voted down, the motion to 

table again becomes in order and is preferential. 5 Hinds §§ 5415-5422; 

Deschler Ch 23 §§ 9.21, 12.2. 

§ 4. Application to Particular Propositions 

Generally; Bills and Resolutions 

The motion to table has been held specifically applicable to: 

0 A House bill. 5 Hinds § 5426. 

0 A House bill with Senate amendments. 5 Hinds § 6140. 

0 A vetoed bill. 4 Hinds § 3549. 

0 A House resolution and an amendment thereto. 5 Hinds § 6139. 

0 A series of resolutions on a particular subject. 5 Hinds § 6138. 

0 A privileged resolution. 95-2, July 13, 1978, p 20606. 

0 A resolution proposing an impeachment or authorizing an impeachment investigation. 6 Cannon § 541; Deschler Ch 23 § 9.14. 

0 A resolution raising a question of the privileges of the House. 6 Cannon 

§ 560; Deschler Ch 23 § 9.25. 

0 A resolution to expel a Member. 94-2, Oct. 1, 1976, p 35111. 

0 A resolution establishing a select committee. Deschler Ch 23 § 9.22. 

0 A resolution of inquiry adversely reported from committee. Deschler Ch 23 

§ 9.17. 

0 A concurrent resolution providing for adjournment sine die. Deschler Ch 

23 § 9.10. 

0 An appeal from a decision of the Speaker. 8 Cannon § 3453; Deschler Ch 

23 § 9.3. 

0 A privileged resolution from a party caucus or conference electing Members to committees. Manual § 914. 

Special Orders of Business 

Special orders of business reported from the Committee on Rules and 

called up under clause 5 of rule XIII are not subject to the motion to table, 

as clause 6 of rule XIII prohibits dilatory motions. Manual §§ 857, 914. 

However, after rejection of the previous question, the motion to table has 

been applied to a resolution providing a special order of business. Deschler 

Ch 23 § 9.23. 

The motion to table may not be applied to a resolution providing a special order of business if the resolution is before the House under the operVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00629 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
620 

§ 5 HOUSE PRACTICE

ation of the discharge rule, because such rule prohibits such intervening motion. Deschler Ch 23 § 9.28. 

Conference Reports 

In the later practice, the motion to table has not been applied to conference reports because this would carry the entire bill and amendments of 

the other House to the table and would leave no opportunity for the House 

and Senate to have a second conference. Manual § 914; 5 Hinds §§ 6539, 

6540. 

§ 5. Application to Particular Motions 

The motion to table is applicable to debatable motions for the disposal 

of another matter, such as a motion to refer or a motion to recede and concur in a Senate amendment in disagreement. Manual § 914; 5 Hinds § 5433. 

The motion has been held specifically applicable to: 

0 A motion to postpone to a day certain. 8 Cannon §§ 2654, 2657. 

0 A motion to rerefer a bill to a committee. Deschler Ch 23 § 9.12. 

0 A motion to instruct conferees. Deschler Ch 23 §§ 9.7, 9.8. 

0 A motion to reconsider a vote. 8 Cannon §§ 2652, 2659; 95-2, Apr. 20, 

1978, p 10990. 

0 A motion to discharge a resolution of inquiry (even though not debatable). 

5 Hinds § 5407. 

0 A motion for a secret session pursuant to clause 9 of rule XVII (even 

though not debatable). 110-1, May 10, 2007, p 12177. 

The motion to table may not be applied to a motion relating to the order 

of business or to any motion that is neither debatable nor amendable. Deschler Ch 23 §§ 9.26, 9.27. The motion is inapplicable to: 

0 A motion for the previous question. 5 Hinds §§ 5410, 5411. 

0 A motion to dispose of measures on which the previous question has been 

ordered. 8 Cannon §§ 2653, 2655. 

0 A motion to recommit made after the ordering of the previous question, 

including a debatable motion to recommit with instructions. Manual 

§ 1002a; 5 Hinds §§ 5412-5414; 8 Cannon §§ 2653, 2655. 

0 A motion to dispense with further proceedings under a call of the House. 

Deschler Ch 23 §§ 9.26, 12.4. 

0 A motion to go into the Committee of the Whole. 5 Hinds § 5404; 6 Cannon § 726. 

0 A motion limiting the time for debate. 5 Hinds § 5403. 

0 A motion to suspend the rules. Manual § 886; 5 Hinds §§ 5405, 5406; 

Deschler Ch 23 § 9. 

0 A motion that when the House adjourn it stand adjourned until a day and 

time certain. Manual § 914. 

0 A motion to adjourn. Manual § 912. 

621 

CHAPTER 29—LAY ON THE TABLE § 7 

The motion to table may not be applied to a motion to discharge a committee under clause 2 of rule XV unless the proposition before the committee is a vetoed bill or a resolution of inquiry. Manual § 914; 5 Hinds 

§ 5407; 6 Cannon § 415; Deschler Ch 23 §§ 9.15, 9.16. 

§ 6. Offering the Motion; Debate and Disposition 

Generally; Debate 

The motion to table, although customarily made orally from the floor, 

is subject to a timely demand that it be in writing. Deschler Ch 23 § 10.1. 

MEMBER: Ml. Speaker, I move that the House lay the llll 

[proposition] on the table. 

The motion to table is not debatable. Clause 4 of rule XVI; Manual 

§ 914; 5 Hinds § 5301; 6 Cannon § 412; 8 Cannon § 2465; Deschler Ch 23 

§ 9.6. However, debate may be permitted by unanimous consent. 98-2, Oct. 

4, 1984, p 30042. 

Disposition of Motion 

It has been established that the motion to table: 

0 May not be amended. Manual § 914; 5 Hinds § 5754. 

0 May not be divided for a vote. 5 Hinds §§ 6138-6140. 

0 May be reconsidered pursuant to motion. 5 Hinds §§ 5628, 5629, 6288; 8 

Cannon § 2785. 

0 May be repeated after intervening business, but a call of the House alone 

is not considered sufficient intervening business. 5 Hinds §§ 5398-5401. 

§ 7. Collateral Matters Carried to the Table 

A bill or other proposition may be carried to the table when the House 

votes to table a proposal that is closely related thereto. Thus, when a proposed amendment to a pending measure is tabled, the pending measure also 

goes to the table. 5 Hinds §§ 5423, 5424; 8 Cannon § 2656. This rule is applied even where a Senate amendment to a House bill is tabled. 5 Hinds 

§ 5424. The tabling of a bill has been held to result in the tabling of a pending motion to print the bill. 5 Hinds § 5426. The tabling of a proposal, however, will not result in the tabling of a connected matter unless it is directly 

622 

§ 8 HOUSE PRACTICE

and intimately related thereto. 8 Cannon § 2658. It has been held, for example, that: 

0 The tabling of an amendment to the Journal does not carry the Journal to 

the table. 5 Hinds §§ 5435, 5436. 

0 The tabling of a proposition for adverse disposition of a pending matter 

does not carry to the table the matter proposed to be disposed of. 8 Cannon § 2660. 

0 The tabling of a motion to reconsider a vote does not carry with it the 

proposition voted on. 8 Cannon §§ 2652, 2659. 

0 The tabling of a motion to instruct conferees does not carry with it the bill 

in disagreement. 8 Cannon § 2658. 

0 The tabling of a resolution providing for the termination of impeachment 

proceedings does not carry with it such proceedings. 6 Cannon § 538. 

0 The tabling of a preamble does not carry with it accompanying resolutions 

already agreed to. 5 Hinds § 5430. 

0 The tabling of a resolution does not take with it a connected resolution already agreed to. 5 Hinds § 5428. 

0 The tabling of a motion to receive a petition does not carry the petition 

with it. 5 Hinds §§ 5431-5433. 

0 The tabling of an appeal from a decision of the Speaker on a question of 

order does not carry with it the matter that was pending when the question of order arose. 5 Hinds § 5434. 

0 The tabling of a motion to postpone consideration of a Senate amendment 

does not carry with it pending motions for disposition of the amendment. 

8 Cannon § 2657. 

A motion to refer or a motion to recede and concur in a Senate amendment in disagreement may be laid on the table without carrying the pending 

matter to the table because other motions remain available for disposition 

of the pending amendment. Manual § 914. 

§ 8. Taking From the Table; Reconsideration 

A matter once laid on the table may be taken therefrom only by suspension of the rules (or similar process) or by unanimous consent unless it is 

a matter of privilege. Manual § 445; 5 Hinds § 6288; Deschler Ch 23 

§§ 13.1, 13.2. Such matters of privilege include questions of privilege (5 

Hinds §§ 5438, 5439), propositions to impeach (3 Hinds § 2049), and bills 

vetoed by the President (5 Hinds § 5439). An affirmative vote on a motion 

to table may be reconsidered pursuant to a timely motion therefor. 5 Hinds 

§ 5628; 8 Cannon § 2785. 

Moreover, a measure that has been tabled by the House may be presented again in similar but not identical form. 4 Hinds § 3385. However, 

under modern practice, a tabled resolution raising a question of the priviVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00632 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
623 

CHAPTER 29—LAY ON THE TABLE § 8 

leges of the House (even where the motion to reconsider that vote was laid 

on the table), may be offered again in identical form on a subsequent day 

if still constituting a question of privilege. Manual § 713; 104-1, Nov. 17, 

1995, p 33846. 

625 

Chapter 30 

Messages Between the Houses 

§ 1. In General; Uses 

§ 2. Reception of Messages 

§ 3. Messages Relating to Bills 

§ 4. Errors; Lost Documents 

Research References 

5 Hinds §§ 6590-6662 

8 Cannon §§ 3333-3353 

Deschler-Brown Ch 32 §§ 1, 2 

Manual §§ 330, 560-569, 873, 874 

§ 1. In General; Uses 

The House of Representatives and the Senate communicate and coordinate their activities by sending formal messages to each other. These messages between the two Houses constitute the sole source of official information regarding actions taken by the other House. 8 Cannon §§ 3342, 3343. 

The Chair does not take public notice of the proceedings of the Senate unless they are formally brought to the attention of the House by message 

from the Senate. Deschler-Brown Ch 32 § 2.14. 

Messages between the House and Senate are used for a variety of legislative purposes: 

0 To indicate the final disposition by one House of a bill originating in the 

other. 

0 To convey the official papers accompanying a bill from one House to the 

other. 

0 To transmit the action of one House on an amendment of the other. 

0 To request the return of a bill. 

0 To convey information relating to a committee of conference and a report 

relating thereto. 

0 To transmit information relating to the election of an officer and other organizational matters. 

0 To indicate House or Senate action on a vetoed bill. 

0 To convey information or documents relating to an impeachment proceeding or electoral count. 

626 

§ 2 HOUSE PRACTICE

0 To dispose of questions regarding a breach of privilege by one House 

against the other. 

Such messages also have been used on rare occasions to transmit or exchange confidential information between the two Houses. 5 Hinds § 5250. 

The Clerk or a subordinate delivers the messages of the House to the 

Senate. Senate messages are delivered to the House by the Secretary of the 

Senate or a subordinate. 5 Hinds § 6592. 

§ 2. Reception of Messages 

The refusal of one House to receive a message from the other is a 

breach of the practice of comity between the two Houses. Deschler-Brown 

Ch 32 § 1.3. The reception of a message from the Senate is a highly privileged matter and may interrupt the consideration of a bill, even though the 

previous question has been ordered thereon. Deschler-Brown Ch 32 § 1.4; 

5 Hinds § 6602. Messages are received during debate, the Member having 

the floor yielding at the request of the Speaker. Manual § 561. Such a message may be received in the absence of a quorum and pending a motion 

for a call of the House. Manual § 562; 8 Cannon § 3339. The Speaker may 

receive the message even before the approval of the Journal. Manual § 562. 

A message from the Senate may not be received when the House is in 

the Committee of the Whole, but the Committee may rise (formally or informally) to permit the reception of such messages. Manual § 564. 

Whereas it was formerly the custom to transmit messages only when 

both Houses were sitting (5 Hinds §§ 6601, 6602), the present practice permits the reception of messages regardless of whether the other House is in 

session (8 Cannon § 3338). Clause 2(h) of rule II permits the reception by 

the Clerk of messages from the President or Senate notwithstanding the recess or adjournment of the House. 

§ 3. Messages Relating to Bills 

Generally 

The House ordinarily does not take formal notice of Senate action on 

bills until such action has been communicated in the normal parliamentary 

manner. 3 Hinds § 2656; Manual § 528a; but see 100-1, Dec. 11, 1987, p 

35049. 

Messages from the Senate concerning House bills with Senate amendments or Senate bills that require action by the Committee of the Whole 

go to the Speaker’s table and may be referred to the appropriate standing 

committees in the same manner as public bills introduced in the House. 

627 

CHAPTER 30—MESSAGES BETWEEN THE HOUSES § 4 

Manual § 873. Those which do not require consideration in the Committee 

of the Whole may be laid before the House for consideration pursuant to 

clause 2 of rule XIV. Manual § 874; see SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES. 

Senate messages giving notice of measures passed or approved are entered in the Journal and published in the Congressional Record. Manual 

§ 815. 

Requests for the Return of a Bill 

A message from the Senate requesting that the House return a bill must 

be presented to the House for consideration. Deschler-Brown Ch 32 § 2.9. 

A request of the Senate for the return of a bill to correct an error is treated 

as privileged in the House and may be disposed of by unanimous consent 

or by motion. Manual § 565. When a request of the Senate for the return 

of a bill is treated as privileged, the Chair may immediately put the question 

on the request without debate. Deschler-Brown Ch 32 § 2.8. The House may 

by unanimous consent agree to a request of the Senate for the return of a 

Senate bill even where the bill has been referred to a House committee. 

Deschler-Brown Ch 32 § 2.2. A request of the House for return of a bill 

messaged to the Senate is not privileged where no error is involved, as it 

cannot be a substitute for reconsideration. The House by unanimous consent 

agreed to a request from the Senate for the return of a Senate bill, to the 

end that the Senate effect a specified (substantive) change in its text. Manual § 565. For a discussion of reconsideration of a vote, see RECONSIDERATION. 

§ 4. Errors; Lost Documents 

A proposition to correct an error in a message by one House to the 

other presents a question of privilege. 3 Hinds § 2613. One House may correct an error in its message to the other, the receiving House concurring in 

the correction. 5 Hinds § 6607. If the Clerk of the House or Secretary of 

the Senate commits an error in delivering a messaged document, such officer may be directed to correct it. In one instance, where the Secretary had 

delivered only one of two Senate amendments to a House bill, the mistake 

was not discovered until after the House had disagreed to the Senate amendment. The Senate then directed the Secretary to correct the mistake, the correction was received, and the House acted on the two amendments de novo. 

5 Hinds § 6590. In another instance, where a figure was changed in the enrolling process in the Senate after the House had concurred in a Senate 

amendment and cleared the measure for the President, a concurrent resoluVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00637 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
628 

§ 4 HOUSE PRACTICE

tion ratifying such enrollment was agreed to by the Senate (but not taken 

up in the House). 109-2, S. Con. Res. 80, Feb. 8, 2006, pp 1208, 1209. 

Where an official document intended for delivery to the Senate is lost 

and cannot be retrieved, the preparation of official duplicates thereof may 

be provided for pursuant to concurrent resolution. Such resolutions are privileged for consideration. In such cases the Clerk attests to the authenticity 

of an existing printed copy or duplicate original. Manual § 704. 

629 

Chapter 31 

Morning Hour; Call of Committees 

§ 1. In General; Place in Order of Business 

§ 2. Procedure; Business Considered 

§ 3. Duration; Interruption or Termination 

Research References 

4 Hinds §§ 3118-3141 

6 Cannon §§ 751-755; 7 Cannon § 944 

Deschler Ch 21 § 4 

Manual §§ 869, 880, 881, 951 

§ 1. In General; Place in Order of Business 

Generally 

The morning hour call of committees under clause 4 of rule XIV is a 

rarely-used procedure for calling up for consideration in the House bills that 

have been reported by committees and that are on the House Calendar. Manual § 880. Other avenues that are more frequently used for this purpose are 

special orders of business from the Committee on Rules; suspension of the 

rules; unanimous-consent agreements; and, historically, Calendar Wednesday 

(all of which are discussed under separate titles in this work). Because of 

the availability of these more effective procedures, and because most reported bills are referred to the Union Calendar, the morning hour call has 

become largely obsolete. Deschler Ch 21 § 4. However, since the demise of 

the Consent Calendar in the 104th Congress and the Corrections Calendar 

in the 109th Congress, the morning hour call of committees remains an alternative to motions to suspend the rules as a way of disposing of relatively 

noncontroversial bills on the House Calendar. 

Morning-hour Debate Distinguished 

In the 103d Congress the House established a procedure for ‘‘morninghour debates.’’ Manual § 951. Under this practice, which is permitted by a 

standing order adopted by unanimous consent each Congress, the House 

meets before the regular convening hour on certain legislative days to entertain up to five-minute speeches from lists submitted by the Majority and Minority Leaders. Generally, no business is permitted during such periods. See 

CONSIDERATION AND DEBATE for further discussion of this practice. 

630 

§ 2 HOUSE PRACTICE

Calendar Wednesday Distinguished 

Unprivileged measures on the House or Union Calendar may be considered when committees are called alphabetically under the Calendar Wednesday rule. Clause 6 of rule XV. Before the 111th Congress, Calendar 

Wednesday was routinely dispensed with by unanimous consent. The rule 

now contains a notice requirement, and without such notice, the call of 

Committees does not occur. Manual § 900; see also CALENDAR WEDNESDAY. 

Order of Morning Hour Business; Precedence 

The morning hour is listed seventh in the rule governing the order of 

business in the House, coming just after ‘‘unfinished business.’’ Clause 1 

of rule XIV. A bill once brought up on the morning hour call continues before the House in that order of business until disposed of, unless withdrawn 

by authority of the committee with jurisdiction over the bill. 4 Hinds § 3120. 

Such withdrawal must occur before amendment or other House action on 

the bill. 4 Hinds § 3129. Once consideration of the bill has begun under the 

morning hour rule, the House may not on motion postpone its further consideration to a day certain. 4 Hinds § 3164. However, other more highly 

privileged matters, such as a privileged report from the Committee on Rules, 

may intervene. 4 Hinds § 3131. 

§ 2. Procedure; Business Considered 

Generally 

The morning hour rule provides that, after the disposition of unfinished 

business, the Speaker shall call each standing committee, ‘‘in regular 

order,’’ followed by select committees. Clause 4 of rule XIV. This rule is 

interpreted to mean that committees are to be called seriatim in the order 

in which they are listed in rule X. 6 Cannon § 751. Each committee, when 

named, may then call from the House Calendar a bill it has previously reported. Clause 4 of rule XIV. Bills called up under this procedure are debated under the hour rule, with debate being confined to the bill under consideration. Deschler Ch 21 § 4.2. 

Business Considered During the Morning Hour 

In the early practice the morning hour was used for the reception of 

reports from committees. 4 Hinds § 3118. In 1890 the rule was amended so 

as to devote the morning hour to ‘‘any bill’’ on the House Calendar reported 

by a committee ‘‘on a previous day.’’ Manual § 880. Thus, the bill must 

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631 

CHAPTER 31—MORNING HOUR; CALL OF COMMITTEES § 3 

sidered; a bill on the Union Calendar may not be brought up during the 

morning hour call of committees. 4 Hinds §§ 3122-3126; 6 Cannon § 753. 

Committee Authorization 

A Member calling up a bill under the morning hour rule must be authorized to do so by the committee reporting the bill. Deschler Ch 21 § 4.2. 

In the event of a dispute as to whether committee authorization was in fact 

granted, the Speaker may decline to resolve the matter on the ground that 

such an issue gives rise to a question of fact to be resolved by the committee. 4 Hinds § 3127. The Speaker may, however, rule on the question of 

authorization based on statements by the chair and other members of the 

reporting committee. 4 Hinds § 3128. 

§ 3. Duration; Interruption or Termination 

Generally 

The term ‘‘morning hour’’ is to some extent misleading, since, under 

the modern rule, the call of committees does not necessarily terminate in 

one hour. 4 Hinds § 3119. Morning hour does not terminate until the call 

is exhausted, until the House adjourns or votes to go into Committee of the 

Whole, or until other privileged matter intervenes. Manual §§ 881-883; 4 

Hinds § 3131. Under the modern practice, privileged business is always 

available to obviate morning hour business. After the intervening business 

is concluded, the morning hour call of committees is resumed unless the 

House adjourns. 4 Hinds § 3133. 

Motions to go into Committee of the Whole 

House rules permit the interruption of the morning hour call of committees by a motion to go into Committee of the Whole. Clause 5 of rule XIV; 

see COMMITTEES OF THE WHOLE. Under this rule, the motion lies ‘‘after 

one hour’’ of the call of committees, and may be made for the purpose of 

taking up a particular bill. Manual § 882. The motion may interrupt the call 

of committees after the expiration of one hour and may be made even sooner if the call of committees is exhausted before the hour expires. 4 Hinds 

§§ 3131, 3141. 

Before expiration of the hour, the Speaker has declined to permit the 

call to be interrupted by a committee report or by a unanimous-consent request to consider a bill that is not on the House Calendar. 4 Hinds §§ 3130, 

3132. 

633 

Chapter 32 

Motions 

§ 1. In General 

§ 2. Form; Reading of Motion 

§ 3. Recognition to Offer 

§ 4. Dilatory Motions 

§ 5. Withdrawal; Reoffering 

Research References 

5 Hinds §§ 5300-5358 

8 Cannon §§ 2609-2640 

Deschler Ch 23 

Manual §§ 460, 902-905 

§ 1. In General 

Most motions that are used in the House are specifically provided for 

by House rule. They are governed by separate procedural requirements, 

serve different purposes, and are treated under separate titles elsewhere in 

this work, such as ADJOURNMENT; LAY ON THE TABLE; POSTPONEMENT; 

PREVIOUS QUESTION; RECONSIDERATION; REFER AND RECOMMIT; and SUSPENSION OF RULES. 

Motions must also conform to certain common procedural requirements; 

for example, a Member offering a motion must seek recognition and address 

the Chair. § 3, infra. Although recognition for a motion is always at the 

Speaker’s discretion, the Speaker will ordinarily be bound to entertain any 

motion that is in order under the rules of the House and in accordance with 

its parliamentary practices. 4 Hinds § 3550; see also RECOGNITION. Where 

a motion not in order under the rules of the House is, by unanimous consent, considered and agreed to, it controls the procedure of the House until 

carried out, unless the House takes affirmative action to the contrary. Deschler Ch 23 § 1.1. 

§ 2. Form; Reading of Motion 

Under clause 1 of rule XVI, a motion entertained in the House or in 

the Committee of the Whole must be reduced to writing if demanded by 

a Member. If offered in the House, the motion is entered on the Journal 

unless withdrawn on the same day. Manual § 902. Not every motion is in 

634 

§ 3 HOUSE PRACTICE

writing when proposed. When a point of order is raised, the Chair may give 

the proponent an opportunity to reduce the motion to writing before putting 

the question thereon. Manual § 902. 

Clause 2 of rule XVI requires that a motion be stated by the Speaker 

or read by the Clerk before it can be debated. Manual § 904; 5 Hinds 

§ 4937. The Clerk’s reading may be dispensed with only by unanimous consent or special order of business. Manual § 904. 

Where there is a misunderstanding about the wording of a pending motion, the Chair may restate the motion. However, it is not in order to ask 

that the motion be rereported by the Clerk except by unanimous consent. 

Deschler Ch 23 §§ 2.4, 2.5. If there is doubt, the motion voted on is the 

motion as stated by the Chair in putting the question and not as stated by 

the Member in offering the motion. Deschler Ch 23 § 2.3. 

§ 3. Recognition to Offer 

A Member may not offer a motion without seeking recognition and addressing the Chair. Manual §§ 394, 945. A Member desiring to offer a motion must actively seek recognition from the Chair before another motion 

to dispose of the pending question has been adopted. Clause 2 of rule XVII 

states: ‘‘When two or more Members, Delegates, or the Resident Commissioner rise at once, the Speaker shall name the Member, Delegate, or Resident Commissioner who is first to speak. . . .’’ Manual § 949. 

A motion is not pending until the Chair has recognized its proponent 

thereon. For this reason, the Chair often asks ‘‘For what purpose does the 

gentlelll rise?’’ when a Member seeks recognition. By this question the 

Chair determines whether the Member proposes a motion that is entitled to 

precedence. Manual § 953; 2 Hinds § 1464; 6 Cannon §§ 289-291, 293. As 

a proper exercise of the Speaker’s discretion, there is no appeal from such 

denial. Manual § 953; 6 Cannon § 292; 8 Cannon §§ 2429, 2646, 2762. 

In certain rules the Chair’s discretion in recognition is explicitly stated. 

In clause 7(b) of rule XX, the Speaker may recognize a Member to move 

a call of the House at any time; and further proceedings under a call are 

considered as dispensed with ‘‘unless the Speaker recognizes for a motion’’ 

to compel attendance of absentees. In clause 4 of rule XVI, the motion that 

the Speaker be authorized to declare a recess or the motion to set the day’s 

adjournment to a day and time certain is entertained ‘‘in the discretion of 

the Speaker.’’ Other motions in rule XVI are given a precedence under the 

rules that the Chair must acknowledge. 

The Member in charge of the pending bill is entitled at all stages to 

prior recognition for allowable motions intended to expedite the bill. 2 

635 

CHAPTER 32—MOTIONS § 5 

Hinds § 1457; 6 Cannon §§ 300, 301. However, the fact that a Member has 

the floor on one matter does not necessarily entitle such Member to prior 

recognition on a motion relating to another matter. 2 Hinds § 1464. Except 

when a Member in charge of a measure occupies the floor in debate, such 

Member must yield to Members proposing preferential motions. 5 Hinds 

§§ 5391-5395. Ordinarily, when an essential motion made by the Member 

in charge is decided adversely, the right to prior recognition passes to the 

Member leading the opposition to the motion. Deschler Ch 23 § 1.2; see also 

RECOGNITION. As to precedence among particular motions, see motions listed in § 1, supra. 

§ 4. Dilatory Motions 

Clause 1 of rule XVI, which was adopted in 1890, states that ‘‘a dilatory motion may not be entertained by the Speaker.’’ Manual § 902. The 

Speaker may decline to entertain such motions on his or her own initiative 

or on a point of order from the floor. 5 Hinds §§ 5715-5722. 

Hinds has said that a motion must be made manifestly for delay in 

order to justify its rejection as dilatory. 5 Hinds § 5714. Yet the determination of whether a motion is dilatory is entirely within the discretion of the 

Chair. Deschler Ch 23 § 4.1. Indeed, the Speaker determines a question of 

dilatoriness not necessarily by the length of time at issue or the character 

of the underlying business. Rather, the Speaker determines whether under 

the circumstances the motion is made with intent to delay the business of 

the House. 8 Cannon § 2804. 

The Speaker may decline to entertain debate or an appeal on a question 

as to the dilatoriness of a motion if to do so would defeat the object of 

the rule. 5 Hinds § 5731. For discussion of dilatory motions pending consideration of a report from the Committee on Rules, see Manual § 857. For 

the rule prohibiting offering of dilatory motions during consideration of certain measures, see Manual §§ 857, 858. 

§ 5. Withdrawal; Reoffering 

Generally 

A motion having been made, clause 2 of rule XVI places it in the possession of the House but permits its withdrawal at ‘‘any time before a decision or amendment thereon.’’ Manual § 904. This rule is interpreted to mean 

that a motion may be withdrawn in the House as a matter of right unless 

the House has taken some action thereon, such as a motion for the previous 

question or the ordering of the previous question. Manual § 905; 5 Hinds 

§§ 5355, 5489; Deschler Ch 23 § 1. The House does not vote on the withVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00645 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
636 

§ 5 HOUSE PRACTICE

drawal of the motion, if timely. Manual § 460. Unanimous consent is not 

required if withdrawal occurs before a decision is made on the motion as 

offered or there is an amendment thereof. Deschler Ch 23 § 2.7. 

A motion may be withdrawn although an amendment may have been 

offered to the motion and be pending. 5 Hinds § 5347; 8 Cannon § 2639. 

A motion may be withdrawn before action thereon even though it is under 

consideration as unfinished business postponed from the preceding day. 95- 

1, June 17, 1977, p 19693. 

Action by the House that will preclude withdrawal of a motion includes 

the ordering of the yeas and nays on the motion. 5 Hinds § 5353. Unanimous consent to withdraw the motion is required where the yeas and nays 

have been ordered. Deschler Ch 23 § 2.9. However, a motion may be withdrawn after a voice and a division vote thereon where the Chair has not 

announced the result and where another type of vote might be had on the 

motion. The Chair may decline to permit a withdrawal while counting a 

vote. Manual § 905; 96-1, Nov. 13, 1979, p 32185. 

Modification of Motion; Reoffering 

A Member having the right to withdraw a motion before a decision 

thereon has the resulting power to modify the motion (as by withdrawing 

and offering a modified form). 5 Hinds § 5358. However, the proponent 

does not necessarily have the right to reoffer the motion, especially where 

it is a secondary motion under clause 4 of rule XVI; such motions may 

properly be offered only at the times designated by the rule. Deschler Ch 

23 § 1. 

For withdrawal of particular motions and withdrawal of amendments, 

see AMENDMENTS and WITHDRAWAL. 

637 

Chapter 33 

Oaths 

§ 1. In General; Administering the Oath of Office 

§ 2. Absent Members and the Oath; Use of Deputies 

§ 3. Challenging the Right To Be Sworn 

§ 4. Oath Relating to Classified Information 

Research References 

U.S. Const. art. I, § 5; art. VI, cl. 3 

1 Hinds §§ 6-22 

Deschler Ch 2 §§ 5, 6 

Manual §§ 197-206 

§ 1. In General; Administering the Oath of Office 

Generally 

The Constitution requires that every Senator and every Representative 

swear or affirm to support the Constitution of the United States. U.S. Const. 

art. VI, cl. 3. Clause 1 of rule II carries the same requirement for elected 

officers. For administration of the oath to officers, see OFFICERS AND OFFICES. The form of the oath and the procedure for its administration are regulated by statute. 2 USC § 25. Form of oath, see 5 USC § 3331 and Manual 

§ 197. 

Until a Member-elect has subscribed to the oath, such individual does 

not enjoy all the rights and prerogatives of a Member of Congress. Deschler 

Ch 2 § 2.1. Members who have not taken the oath are not entitled to vote 

or to introduce bills. Manual § 300; 8 Cannon § 3122. However, unsworn 

Members have participated at the beginning of a session in organizational 

business, such as the election of the Speaker. 1 Hinds § 224. Where two 

unsworn Members participated in more than mere organizational business, 

the House later ratified (by simple resolution) certain actions after the administration of the oath to Members-elect en masse. 112-1, Jan. 7, 2011, p 

ll. Although a Member has been named to a committee before taking 

the oath, under the modern practice the election of such a Member to a 

standing committee may be made effective only upon being sworn. 4 Hinds 

§ 4483; 106-1, H. Res. 6, Jan. 6, 1999, pp 235-37. 

In the early practice of the House, it was the custom to administer the 

oath by State delegations. Beginning with the 71st Congress, however, 

638 

§ 1 HOUSE PRACTICE

Members-elect have been sworn in en masse. 6 Cannon § 8. Under this practice the Speaker administers the oath of office to all Members-elect at one 

time on opening day, although a Member-elect whose right to take the oath 

has been challenged may be asked to stand aside. Manual § 203. A Memberelect who does not take the oath of office on opening day may appear later 

in the well, in response to the Speaker’s invitation, and take the oath. 

Deschler Ch 2 § 5.14. The Speaker also administers the oath to Delegateselect, the Resident Commissioner from Puerto Rico, and Members-elect 

elected to fill vacancies. Deschler Ch 2 §§ 3.6, 5. 

Credentials as Basis for Taking the Oath 

Although the Clerk will not as a general rule enroll Members-elect who 

appear without certificates of election, the House itself may authorize, by 

unanimous consent, the administration of the oath to Members-elect who appear without appropriate formal credentials. 1 Hinds §§ 162-168, 553-564; 

Deschler Ch 2 § 3.5. For example, a Member-elect may be sworn on the 

basis of letters or telegrams from the executive department of the State of 

representation, attesting to the results of the election. Deschler Ch 2 §§ 3.1- 

3.4. The House may authorize the administration of the oath where credentials have not yet arrived, pursuant to a statement by another Member-elect 

or a State official that the election in issue is neither contested nor questioned. Deschler Ch 2 § 3. Unofficial State communications, including faxes 

and electronic scans, declaring the results of the election may be laid before 

the House before the unanimous-consent request for the administration of 

the oath. Deschler Ch 2 § 3.4. 

Authorization by Resolution 

The administration of the oath may be authorized by resolution after a 

challenge to the right to be sworn has been made. Such resolutions have 

included provisions collateral to the actual administration of the oath, such 

as a condition that the final right to the seat be referred to the Committee 

on House Administration. Deschler Ch 2 § 5. 

Failure or Refusal to Take the Oath 

Members-elect entitled to take the oath may decline it by resigning before taking a seat, because membership cannot be imposed on one without 

one’s consent. 2 Hinds §§ 1230-1234. A Member-elect may be permitted to 

defer taking the oath, without declining the seat, until such time as questions 

regarding the requisite qualifications are resolved. Deschler Ch 2 § 5. However, where a Member-elect fails to appear to take the oath, the House may 

639 

CHAPTER 33—OATHS § 2 

provide by resolution that, if such Member-elect fails to appear to take the 

oath by a certain date, the seat will be declared vacant. Deschler Ch 2 § 5.7. 

In the 97th Congress, the House, by majority vote, declared vacant a 

seat where the Member-elect was unable to take the oath because of an incapacitating illness. In that case, the medical prognosis showed no likelihood 

of improvement. The constitutional basis for the declaration of the vacancy 

by majority vote was not expressly stated in the resolution. Nevertheless, 

the power of the House under article I, section 5 of the Constitution to judge 

the qualifications of its Members by majority vote has been justified by the 

Supreme Court. In Powell v. McCormack, 395 U.S. 486, 520 (1969), the 

Court stated in a footnote that in addition to age, citizenship, and inhabitancy, the article VI requirement for taking the oath could be argued to be 

a qualification. 

Precedence 

The administration of the oath is a matter of high privilege. Manual 

§ 201. The oath may be administered before the reading of the Journal and 

takes precedence of a motion to amend the Journal. 1 Hinds § 171. It has 

been held in order to administer the oath in the absence of a quorum, during 

a roll call, and on Calendar Wednesday. Manual §§ 200, 201; 1 Hinds § 174; 

6 Cannon § 22. The administration of the oath is in order even after the previous question has been ordered on a pending matter. Deschler Ch 2 § 5.17. 

Debate on a resolution reported from the Committee on Rules may be interrupted to allow a new Member to take the oath of office. Deschler Ch 2 

§ 5.18. 

The Act of June 1, 1789, provides that on the organization of the 

House, and previous to entering on any other business, the oath shall be administered by any Member (generally the Member with longest continuous 

service) to the Speaker and by the Speaker to the other Members and Clerk 

(when elected). Manual § 198; 2 USC § 25; 1 Hinds §§ 130, 131; 6 Cannon 

§ 6. The Act was cited by the Clerk in recognizing for nominations for 

Speaker as being of higher constitutional privilege than a resolution to postpone the election of a Speaker and instead provide for the election of a 

Speaker pro tempore pending the disposition of certain ethics charges 

against the nominee of the majority party. Manual § 198. 

§ 2. Absent Members and the Oath; Use of Deputies 

The Speaker, or a deputy named by the Speaker, may be authorized by 

resolution to administer the oath of office to a Member-elect absent because 

of illness or because of some illness in the family. Deschler Ch 2 §§ 5.8- 

5.12. The resolution may authorize the administration of the oath at some 

640 

§ 3 HOUSE PRACTICE

location other than the House. 1 Hinds § 170; 6 Cannon § 14. Persons who 

may be designated by the Speaker to administer the oath to an absent Member-elect include another Member (Deschler Ch 2 § 5.10), a State or county 

judge (Deschler Ch 2 § 5.11), or a Federal district court judge (105-1, Feb. 

4, 1997, p 1381). The deputy so designated reports thereon to the House, 

which report may take the form of a letter. Deschler Ch 2 §§ 5.8, 5.10, 5.12. 

§ 3. Challenging the Right To Be Sworn 

Generally 

Any Member-elect may challenge the right of any other Member-elect 

to be sworn when the Speaker directs the Members-elect to rise to take the 

oath of office. Manual § 202; Deschler Ch 2 § 6. The fact that the challenging party has not been sworn is no bar to such individual’s right to invoke this procedure. 1 Hinds § 141. Challenging parties must base the challenge either on their own responsibility as a Member-elect or on specified 

facts or documents. Deschler Ch 2 § 6.2. Such challenges are generally directed at a single Member-elect, but in several instances the challenge has 

been directed against an entire State delegation. 1 Hinds §§ 457, 460-462; 

Deschler Ch 2 § 6.4. The authority to challenge the right of a Member-elect 

to be sworn is based on the Constitution, which designates the House as 

the sole judge of the elections, returns, and qualifications of Members. U.S. 

Const. art. I, § 5, cl. 1. See generally ELECTION OF MEMBERS. See also 

Manual §§ 202-203. 

Procedure 

When a challenge is proposed, the Speaker asks the challenged Member 

not to rise to take the oath with the rest of the membership en masse. The 

House, and not the Speaker, determines the action to be taken in such cases. 

Manual § 199; Deschler Ch 2 § 6.1. Debate on the right of the Member-elect 

to be sworn is not in order until after the remaining Members have been 

sworn. Deschler Ch 2 § 6.3. The pendency of a challenge does not preclude 

the entertainment of other business before the House, and all other organizational business may be completed before a challenge is resolved. 1 Hinds 

§ 474; Deschler Ch 2 § 6. 

Several courses of action are open to the House in disposing of a challenge. First, the House may simply seat a Member by authorizing the administration of the oath pursuant to a resolution determining the right to the 

seat. Deschler Ch 2 § 6.5. Second, the House may by resolution authorize 

the administration of the oath based on the Member-elect’s prima facie right 

to the seat, but at the same time refer the determination of the final right 

641 

CHAPTER 33—OATHS § 4 

to committee. 1 Hinds §§ 528-534. Finally, the House may by resolution 

refer the prima facie as well as the final right to the seat to committee, without authorizing the administration of the oath. Deschler Ch 2 §§ 6.6, 6.7. 

Resolutions relating to the right of a challenged Member-elect to be 

sworn are privileged. Manual § 201. The resolution is open to amendment 

where the House has not ordered the previous question thereon. Deschler 

Ch 23 § 22.4. The challenged Member-elect may, by unanimous consent, be 

permitted to participate in debate on the resolution. Deschler Ch 2 § 2.5. The 

time for debate on the resolution may be extended by unanimous consent. 

Deschler-Brown Ch 29 § 26.33. 

The seating of a Member-elect does not prejudice a contest pending 

under the Federal Contested Elections Act over final right to the seat. 2 

USC §§ 381-396; Manual § 203. In response to parliamentary inquiries, the 

Chair informed the House that a notice of contest had been filed with the 

Clerk. 105-1, Jan. 7, 1997, p 120; 110-1, Jan. 4, 2007, p 5. 

As to the procedure to be followed in contested elections, see ELECTION

CONTESTS AND DISPUTES. 

§ 4. Oath Relating to Classified Information 

Clause 13 of rule XXIII, the Code of Official Conduct, prescribes an 

oath to be executed by all Members, officers, and employees of the House 

before they obtain access to classified information: 

I do solemnly swear (or affirm) that I will not disclose any classified 

information received in the course of my service with the House of Representatives, except as authorized by the House of Representatives or in 

accordance with its rules. Manual § 1095. 

The Committee on Ethics has interpreted this clause as applying to classified information provided by ‘‘any person,’’ not merely to data furnished 

by the House or by the executive branch. Memorandum for All Members, 

Officers and Employees, July 12, 1995. 

643 

Chapter 34 

Office of the Speaker 

§ 1. Role of Speaker 

§ 2. Term of Office; Vacancy 

§ 3. Election 

§ 4. Jurisdiction and Duties; Rulings 

§ 5. Participation in Debate and Voting 

§ 6. The Speaker Pro Tempore 

Research References 

1 Hinds §§ 186-234; 2 Hinds §§ 1307-1412 

6 Cannon §§ 23, 24, 247-282 

Deschler Ch 6 §§ 1-14 

Manual §§ 621-639, 970 

§ 1. Role of Speaker 

The Speaker is the presiding officer of the House and is charged with 

numerous duties and responsibilities by law and by House rules. As the presiding officer of the House, the Speaker maintains order, manages its proceedings, and governs the administration of its business. Manual § 622; 

Deschler Ch 6 §§ 2-8. The major functions of the Speaker with respect to 

the consideration of measures on the floor include recognizing Members 

who seek to address the House (Manual § 949), construing and applying the 

House rules (Manual § 627), and putting the question on matters arising on 

the floor to a vote (Manual § 630). 

The Speaker’s role as presiding officer is an impartial one, and the 

Speaker’s rulings serve to protect the rights of the minority. 88-1, June 4, 

1963, pp 10151-65. In seeking to protect the interests of the minority, the 

Speaker has even asked unanimous consent that an order of the House be 

vacated where the circumstances so required. 89-1, May 18, 1965, p 10871. 

644 

§ 2 HOUSE PRACTICE

§ 2. Term of Office; Vacancy 

Term Limit 

The Speaker’s term of office begins when the oath of office is taken, 

which immediately follows the election of the Speaker and opening remarks. 

The term ends on the expiration of the Congress in which such individual 

was elected, unless sooner terminated by resignation, death, or removal from 

office. Deschler Ch 6 § 2. During the 104th through 107th Congresses, the 

Speaker’s term of office was limited to four consecutive Congresses. That 

rule was repealed in the 108th Congress. Manual § 635a. 

Vacancy 

The Office of Speaker may be declared vacant by resolution, which 

may be offered as a matter of privilege. Manual § 315; 6 Cannon § 35. 

Under clause 8(b)(3) of rule I, adopted in the 108th Congress, the Speaker 

is required to deliver to the Clerk a list of Members in the order in which 

each shall act as Speaker pro tempore in the case of a vacancy in the Office 

of Speaker. Deschler-Brown-Johnson Ch 38 § 5. The Member acting as 

Speaker pro tempore under this provision may exercise such authorities of 

the Office of Speaker as may be necessary and appropriate pending the election of a Speaker or Speaker pro tempore. A vacancy in the Office may 

exist by reason of the physical inability of the Speaker to discharge the duties of the Office. 

The House does not formally accept the resignation of a Speaker. 1 

Hinds §§ 225, 232; Deschler-Brown-Johnson Ch 37 § 9. 

§ 3. Election 

Speaker Chosen from Members 

Article I, section 2 of the Constitution directs that the House choose 

its Speaker and other officers. The Speaker is the only House officer who 

traditionally has been chosen from the sitting membership of the House. 

Manual § 26. The Constitution does not limit eligibility to that class, but the 

practice has been followed invariably. The Speaker’s term of office thus expires at the end of such individual’s term of office as a Member, whereas 

the other House officers continue in office ‘‘until their successors are chosen 

and qualified.’’ Clause 1 of rule II; 1 Hinds § 187. 

Nomination and Vote 

The general practice for election of Speaker begins with nominations 

from each party caucus followed by a viva voce vote of the Members-elect. 

Relying on the Act of June 1, 1789, the Clerk recognized for nominations 

645 

CHAPTER 34—OFFICE OF THE SPEAKER § 4 

for Speaker as being of higher constitutional privilege than a resolution to 

postpone the election of a Speaker and instead provide for the election of 

a Speaker pro tempore pending the disposition of certain ethics charges 

against the nominee of the majority party. 2 USC § 25; Manual § 27. 

Under the modern practice, the Speaker is elected by a majority of 

Members-elect voting by surname, a quorum being present. Manual § 27; 1 

Hinds § 216; 6 Cannon § 24. The Clerk appoints tellers for this election. 

However, the House, and not the Clerk, decides by what method it shall 

elect. 1 Hinds § 210. For former practices relating to the election of the 

Speaker, see Manual § 27; 1 Hinds §§ 212, 214, 218; 8 Cannon § 3883. 

In two instances the House agreed to choose and subsequently did 

choose a Speaker by a plurality of votes but confirmed the choice by majority vote. In 1849 the House had been in session 19 days without being able 

to elect a Speaker, no candidate having received a majority of the votes cast. 

The voting was viva voce, each Member responding to the call of the roll 

by naming the candidate for whom he voted. Finally, after the fifty-ninth 

ballot, the House adopted a resolution declaring that a Speaker could be 

elected by a plurality. 1 Hinds § 221. In 1856 the House again struggled 

over the election of a Speaker. Ballots numbering 129 had been taken without any candidate receiving a majority of the votes cast. The House then 

adopted a resolution permitting the election to be decided by a plurality. 1 

Hinds § 222. On both of these occasions, the House ratified the plurality 

election by a majority vote. 

§ 4. Jurisdiction and Duties; Rulings 

The Speaker presides over the business of the House. In executing the 

duties of the Office, the Speaker: 

0 Calls the House to order and announces approval of the Journal. Manual 

§§ 621, 622. 

0 Refers bills and other matters to committee. Manual § 816. 

0 Disposes of business on the Speaker’s table. Manual §§ 873-875. 

0 Designates Speakers pro tempore, and appoints chairs of the Committee of 

the Whole. Manual §§ 632, 970. 

0 Recognizes Members. Deschler Ch 6 §§ 3.16-3.23. 

0 States a question in prescribed form. Manual § 630. 

0 Supervises the timing of debate and other proceedings in the House. Deschler Ch 6 § 3.25. 

0 Rules on points of order and responds to parliamentary inquiries. Deschler 

Ch 6 § 3. 

0 Makes appointments pursuant to statute, House rules, and House resolutions. Deschler Ch 6 § 6. For appointments to committees, see COMMITTEES. 

646 

§ 4 HOUSE PRACTICE

0 Certifies to a U.S. Attorney persons found to be in contempt of a House 

committee. Deschler Ch 6 § 3.40. 

0 Declares the House in recess in the event of an emergency pursuant to the 

inherent power of the Office, pursuant to clause 12 of rule I, or pursuant 

to a House resolution authorizing such action. Deschler-Brown-Johnson 

Ch 39 § 2; see RECESS. 

0 Changes convening time (within constitutional limit) during an adjournment 

of not more than three days, in the case of imminent impairment of the 

place of reconvening. Clause 12(c) of rule I; Deschler-Brown-Johnson 

Ch 40 § 1. 

0 Convenes the House in a place at the seat of government other than the 

Hall of the House whenever it is in the public interest. Clause 12(d) of 

rule I; Deschler-Brown-Johnson Ch 40 § 2. 

0 Signs various documents, including warrants and subpoenas. Clause 4 of 

rule I. 

0 Makes preliminary decisions as to questions of privilege. 3 Hinds §§ 2649, 

2650, 2654. 

0 Determines the presence of a quorum, conducts quorum counts, and counts 

certain votes. Manual §§ 55, 630, 810, 1012; 4 Hinds § 2932. 

0 Announces the absence of a quorum without unnecessary delay. 6 Cannon 

§ 652. 

0 Maintains order in debate. Manual § 960. 

0 Administers censure by direction of the House. 6 Cannon §§ 236, 237. 

0 Designates Members to travel on official business of the House. Manual 

§ 636. 

0 Appoints Members to conference committees. Manual §§ 536, 637. 

0 Rules on the validity of conference reports. Manual § 628; 5 Hinds §§ 6409, 

6410, 6414, 6416, 6409-6413; 8 Cannon §§ 3256, 3264. 

0 Declares the House adjourned when the hour previously fixed for adjournment arrives. 5 Hinds § 6735. 

0 Approves assignment of leadership staff to the floor. Clause 2(a) of rule 

IV. 

Many matters have been held to be beyond the scope of the Speaker’s 

responsibility under the rules. The Speaker does not: 

0 Construe the legislative or legal effect of a pending measure or comment 

on the merits thereof. Manual § 628; Deschler Ch 6 §§ 4.20, 4.21. 

0 Determine whether Members have abused leave to print. Manual § 628. 

0 Respond to hypothetical questions, render anticipatory rulings, or decide a 

question not directly presented by the proceedings. Manual § 628; Deschler Ch 6 §§ 4.13, 4.14. 

0 Determine questions that are within the province of the chair of the Committee of the Whole. Manual § 971; 5 Hinds § 6987. 

0 Pass on the constitutional powers of the House, the constitutionality of 

House rules, or the constitutionality of amendments offered to pending 

bills. Manual § 628. 

647 

CHAPTER 34—OFFICE OF THE SPEAKER § 5 

0 Resolve questions on the consistency of an amendment with the measure 

to which it is offered, or with an amendment that already has been 

adopted, or on the consistency of proposed action with other acts of the 

House. Manual §§ 466, 628; 5 Hinds § 5781. 

0 Answer inquiries as to the availability of amendments not yet offered. 

Deschler Ch 27 § 3.37. 

0 Decide whether a Member should be allowed to display an exhibit in debate, except under the Speaker’s duty to preserve decorum. Manual 

§ 622; Deschler Ch 6 § 4.10. 

0 Rule on the sufficiency or effect of committee reports or whether the committee has followed instructions. Manual § 628; 2 Hinds § 1338; 4 Hinds 

§§ 4404, 4689; Deschler Ch 6 §§ 4.22, 4.23. 

0 Rule on the propriety or expediency of a proposed course of action. Manual § 628. 

0 Construe the consequences of a pending vote. Deschler Ch 6 §§ 4.27, 4.28. 

0 Determine whether a Member should be censured or whether an office held 

is incompatible with membership in the House, these being matters for 

the House to decide. 2 Hinds § 1275; 6 Cannon § 253. 

0 Look behind the unambiguous language of a special order of business 

adopted by the House when interpreting its language. Manual § 628. 

For jurisdiction and duties of the chair of the Committee of the Whole, 

see COMMITTEES OF THE WHOLE. 

§ 5. Participation in Debate and Voting 

Debate 

Although the Speaker’s usual role is that of the presiding officer, there 

have been many instances in which the Speaker has made a statement from 

the Chair or in which the Speaker has relinquished the Chair and participated in the debate on the floor. Manual § 358. The Speaker may take the 

floor for purposes of debate both in the House and in the Committee of the 

Whole. If the Speaker is to participate in debate on the floor of the House, 

another Member is called to the Chair to serve as Speaker pro tempore. 

Manual § 358; 2 Hinds § 1360. 

Voting 

Under the early rules of the House, the Speaker was barred from voting 

except under certain circumstances. 5 Hinds § 5964. Today, the Speaker has 

the same right as other Members to vote but only occasionally exercises it. 

Manual § 631. The Speaker may vote on any matter that comes before the 

House, and is required to vote where such vote would be decisive or where 

the House is engaged in voting by ballot. Clause 7 of rule I; Manual § 631. 

The duty of giving a decisive vote may be exercised after the intervention 

of other business, if a correction of the roll shows a condition wherein such 

648 

§ 6 HOUSE PRACTICE

vote would be decisive. 5 Hinds §§ 6061-6063. On an electronic vote, the 

Chair may direct the Clerk to record the Speaker’s vote and verify that instruction by submitting a vote card. Manual § 631. 

§ 6. The Speaker Pro Tempore 

Appointment or Election 

The Speaker may appoint a Speaker pro tempore. Such an appointment 

may not exceed three legislative days, except that in the case of illness the 

Speaker’s appointment may extend to 10 days with the approval of the 

House. Clause 8 of rule I. For longer periods, a Speaker pro tempore is 

elected by the House. Manual § 632. A Member sometimes is designated 

Speaker pro tempore by the Speaker and subsequently elected by the House. 

Deschler Ch 6 § 12.76. If the Speaker appoints a Speaker pro tempore only 

for purposes of signing enrolled bills and joint resolutions, such an appointment may extend for a ‘‘specified period of time’’ with the approval of the 

House. Clause 8 of rule I. The Speaker may appoint alternate Members to 

sign enrolled bills. Manual § 634. Under clause 8(b)(3) of rule I, adopted 

in the 108th Congress, the Speaker is required to deliver to the Clerk a list 

of Members in the order in which each shall act as Speaker pro tempore 

in the case of a vacancy in the Office of Speaker. 

A Speaker pro tempore is elected pursuant to resolution. Deschler Ch 

6 § 14.1. The resolution may be offered by the chair of the majority party 

caucus or by the Majority Leader. Deschler Ch 6 § 14. A Speaker pro tempore by designation leaves the Chair pending the offering of a resolution 

electing such individual as Speaker pro tempore. Deschler Ch 6 §§ 11.7, 

14.1. 

Oath of Office 

The oath of office is administered to an elected Speaker pro tempore, 

but not to a designated Speaker pro tempore. Deschler Ch 6 § 11. The oath 

is administered to an elected Speaker pro tempore by the Speaker, by the 

Dean of the House, or by another Member. Deschler Ch 6 §§ 11.4-11.6. 

Who May Serve 

Under clause 8 of rule I, the Speaker pro tempore must be a Member 

of the House. Manual § 632. Such Member usually is a member of the majority party (Deschler Ch 6 § 10), such as the Majority Leader (Deschler Ch 

3 § 17.5) or the Majority Whip (Deschler Ch 3 § 23.5). However, the Dean 

of the House also has served in that capacity. 89-1, Jan. 19, 1965, p 946. 

On rare ceremonial occasions the Minority Leader has been designated 

Speaker pro tempore. Deschler Ch 6 § 12.7. 

649 

CHAPTER 34—OFFICE OF THE SPEAKER § 6 

Powers and Functions 

The Speaker pro tempore, as the occupant of the Chair, exercises many 

functions that normally fall within the purview of the Speaker. Routine 

functions that are within the scope of authority of a Speaker pro tempore 

include calling the House to order, making various announcements, answering parliamentary inquiries, putting the question, counting for a quorum, ruling on points of order, and designating another Speaker pro tempore. Deschler Ch 6 §§ 9, 10. When the Office of Speaker is vacant, the Member acting 

as Speaker pro tempore under clause 8(b) of rule I may exercise such authorities of the Office as may be necessary and appropriate pending the election of a Speaker or Speaker pro tempore. 

The authority of a Speaker pro tempore to exercise certain powers depends on whether such individual is designated, designated and approved, 

or elected. The powers of a designated Speaker pro tempore, compared with 

those of an elected Speaker pro tempore, are relatively limited. Deschler Ch 

6 §§ 10, 14. 

Absent unanimous consent or specific House approval, a designated 

Speaker pro tempore may not: 

0 Administer the oath of office to a Member-elect. Deschler Ch 6 § 12.8. 

0 Appoint conferees or make appointments of additional conferees. Deschler 

Ch 6 §§ 12.9, 12.10. 

0 Appoint Members to attend a funeral. Deschler Ch 6 § 12.14. 

By contrast, an elected Speaker pro tempore may, for example, appoint 

conferees, administer the oath of office to a Member-elect, and preside at 

a joint session of Congress. Deschler Ch 6 §§ 12.8, 14, 14.8. Until 1983, 

unanimous consent was required for a Speaker pro tempore to spread upon 

the Journal a veto message from the President. Deschler Ch 6 § 12.11. Current practice allows even a designated Speaker pro tempore this authority 

without unanimous consent. 

651 

Chapter 35 

Officers and Offices 

§ 1. House Officers 

§ 2. Election and Oath 

§ 3. Removal From Office 

§ 4. Vacancies 

§ 5. Other Offices Established by Rule II 

§ 6. Offices Established by Law 

§ 7. Service of Process 

Research References 

U.S. Const. art. I, § 2 

1 Hinds §§ 235-283 

6 Cannon §§ 25-34 

Deschler Ch 6 §§ 15-22 

Manual §§ 640-670 

§ 1. House Officers 

In General 

The Constitution directs that the House choose its Speaker and other 

officers. U.S. Const. art. I, § 2. The ‘‘other officers’’ not specified by title 

in the Constitution have carried various titles. Currently they are the Clerk, 

Sergeant-at-Arms, Chief Administrative Officer, and Chaplain. Manual 

§ 640. Traditionally only the Speaker, and not these other officers, has been 

chosen from the sitting membership of the House. Manual § 26; see OFFICE

OF THE SPEAKER. The Speaker’s term of office thus expires at the end of 

such individual’s term of office as a Member, whereas the other House officers continue in office until their successors are chosen and qualified. Clause 

1 of rule II; 1 Hinds § 187. 

In the 102d Congress the position of the Postmaster, for many years 

an elected officer of the House, was eliminated. Manual § 668. The Doorkeeper of the House, formerly an elected officer of the House, was not reestablished beginning in the 104th Congress. The responsibilities of that position were transferred to the Sergeant-at-Arms. Manual § 663. 

652 

§ 1 HOUSE PRACTICE

Other offices established in the rules of the House or by statute are occupied by appointed officials. Rule II contains authority for an Office of 

General Counsel (clause 8), Historian (clause 7), and Inspector General 

(clause 6). The duties and appointing authority for the positions of Legislative Counsel, Law Revision Counsel, and Parliamentarian are carried in law. 

See Manual §§ 1118, 1120, 1122. 

The Clerk 

The Clerk has specific responsibilities spelled out in House rules, in 

statute, or as delegated by the House. The Clerk presides when a new Congress convenes. Clause 2 of rule II; Manual §§ 641-645. The Clerk has duties related to the conduct of House business. For example, the Clerk is responsible for processing bills, preparing the Journal, taking and tallying 

votes, and receiving messages from the President and the Senate when the 

House is not in session. Manual §§ 642, 647, 648, 652. To assist the House 

in its consideration of measures, the Clerk reads bills and motions (Manual 

§§ 428, 904), reads names alphabetically during the taking of certain votes 

and elections (Manual § 1015), notes all questions of order and decisions 

thereon and places them in the Journal (Manual § 647), reports disorderly 

words of a Member who has been called to order (Manual § 960), certifies 

to the passage of all bills and resolutions (Manual § 648), makes corrections 

during engrossment (Manual § 479), presents enrolled bills to the Speaker 

for signature and transmittal to the Senate (Manual § 575), and presents enrolled bills to the President (Manual § 648). 

The Clerk also calls various calendars at the direction of the Speaker 

(Manual § 895), receives petitions and private bills (Manual § 818), disseminates copies of amendments offered in the Committee of the Whole (Manual 

§ 978), and provides a place where Members may sign discharge petitions 

(Manual § 892). The Clerk also supervises the official reporters of the 

House, subject to the direction and control of the Speaker. Manual § 685. 

In one instance, the Clerk carried out the duties of his own office as 

well as those of the Sergeant-at-Arms, having been elected to serve concurrently as Sergeant-at-Arms following the death of the incumbent. Deschler 

Ch 6 § 16.3. 

The Clerk may designate and authorize one or more employees to perform the duties of the Office during an absence, except for such duties as 

are imposed on the Clerk by statute. Manual § 651. The designation may 

provide that such authorization is to remain in effect until revoked. 91-1, 

Oct. 29, 1969, p 32076. The designation is laid before the House by the 

Speaker. Deschler Ch 6 § 18.18. 

653 

CHAPTER 35—OFFICERS AND OFFICES § 2 

Sergeant-at-Arms 

The duties of the Sergeant-at-Arms on the floor are prescribed by 

House rules and by statute. Clause 3 of rule II; 2 USC § 78; Manual §§ 656- 

660. Under these provisions the Sergeant-at-Arms maintains order and executes arrest warrants for persons cited for contempt of the House or of a 

committee. In addition the Sergeant-at-Arms enforces the prohibition against 

Members walking across or out of the Hall of the House while the Speaker 

is addressing the House (Manual § 962), appoints officers to send for and 

arrest absent Members when so ordered by the Speaker or the House under 

clause 5 or 6 of rule XX (Manual §§ 1021-1025), and brings absent Members before the House (Manual § 1026). Pursuant to clause 12(c) of rule I, 

the Sergeant-at-Arms notifies the Speaker of an imminent impairment of the 

place of reconvening in order to allow alternate arrangements for convening 

the House. Manual § 639. The Sergeant-at-Arms is also responsible for the 

production of a ‘‘catastrophic quorum failure report’’ under clause 5(c) of 

rule XX. See QUORUMS. 

Chief Administrative Officer 

The Chief Administrative Officer (CAO) of the House has the operational and financial responsibility for functions assigned by the Committee 

on House Administration. The CAO is subject to the oversight of that committee and reports to it semiannually on the financial and operational status 

of each function under the jurisdiction of the CAO. Clause 4 of rule II. 

The Chaplain 

The Chaplain offers a prayer at commencement of each day’s sitting 

of the House. Clause 5 of rule II. The prayer, which does not require a 

quorum, is offered daily after the House is called to order by the Speaker 

or a Speaker pro tempore is appointed. Deschler Ch 6 §§ 21.1, 21.2. 

The daily prayer has been offered by visiting clergy of various denominations and nationalities. Deschler Ch 6 § 21.9. In the unexpected absence 

of the Chaplain, the prayer has been offered by a Member who was an ordained minister. 93-1, May 31, 1973, p 17441. 

§ 2. Election and Oath 

Election 

The Clerk, Sergeant-at-Arms, Chief Administrative Officer, and Chaplain are elected for each Congress by resolution. Deschler Ch 6 § 16 (with 

forms). Before the House recodified its rules in the 106th Congress, the 

House was required under former rule II to elect its Speaker and other offiVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00663 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
654 

§ 3 HOUSE PRACTICE

cers by a viva voce vote following nominations. 1 Hinds §§ 204, 208. However, even then, the officers mentioned in the rule, other than Speaker, were 

usually chosen by resolution, which is not a viva voce election. 1 Hinds 

§§ 193, 194. Officers have been elected prospectively. 110-1, Feb. 6, 2007, 

p 3156. 

At the commencement of a Congress, each party’s caucus selects one 

nominee for each such office. The majority submits its slate of nominees, 

and the minority usually submits a substitute amendment containing its slate. 

The House then votes on these slates (often disposing of them by voice 

vote), which may be offered by the caucus chairs. Deschler Ch 6 § 16. Such 

a resolution is offered from the floor as privileged and may be divided for 

a separate vote for the Chaplain, customarily an uncontested office. Manual 

§ 640; Deschler Ch 6 § 16.2. 

Oath 

Each elected officer of the House takes the oath prescribed by law, 

which is administered by the Speaker. 5 USC § 3331 (with form); Deschler 

Ch 6 § 17. An officer elected to hold an additional office concurrently takes 

a separate oath for the additional office. Deschler Ch 6 § 17.1. The oath has 

been administered to an officer-elect before the effective date of such individual’s election. 92-2, June 26, 1972, p 22387; see generally OATHS. 

§ 3. Removal From Office 

Both the Speaker and the House have the authority to remove the Clerk, 

Sergeant-at-Arms, or Chief Administrative Officer. Clause 1 of rule II; Manual § 640. An officer of the House may be removed from office pursuant 

to the adoption of a simple resolution, which may be offered as a matter 

of privilege. 1 Hinds §§ 284, 288-290; 6 Cannon § 35. For removal of the 

Speaker, see OFFICE OF THE SPEAKER. As a basis for removal of an officer, 

the House has considered allegations as follows: 

0 That the Clerk altered and falsified a House document. 1 Hinds § 284. 

0 That the Clerk was negligent in the administration of the contingent fund 

or misappropriated House funds. 1 Hinds §§ 283, 287. 

0 That the Doorkeeper was guilty of misconduct or corruption in office. 1 

Hinds §§ 288, 289. 

§ 4. Vacancies 

The Speaker may make temporary appointments to fill vacancies in the 

Offices of the Clerk, the Sergeant-at-Arms, the Chief Administrative Officer, 

and the Chaplain. 2 USC § 75a-1. Pursuant to this authority, the Speaker has 

655 

CHAPTER 35—OFFICERS AND OFFICES § 6 

temporarily filled vacancies caused by the death or resignation of an officer. 

See, e.g., Deschler Ch 6 § 6.25. Such appointments are effective until such 

time as the House acts by the adoption of a resolution to fill the vacancy 

on a permanent basis. Such a resolution is presented as a question of privilege. Manual § 701. The resignation of an elected officer of the House is 

subject to acceptance by the House. Manual § 640; Deschler-Brown-Johnson 

Ch 37 § 9. 

§ 5. Other Offices Established by Rule II 

Office of Inspector General 

Under clause 6 of rule II, the Inspector General conducts audits of the 

financial and administrative functions of the House. The Inspector General 

is appointed by the Speaker, the Majority Leader, and the Minority Leader, 

acting jointly, and is subject to the policy direction and oversight of the 

Committee on House Administration. Manual § 667. 

Office of General Counsel 

Under clause 8 of rule II the General Counsel provides legal assistance 

and representation to the House. The General Counsel is appointed by the 

Speaker and functions under the direction of the Speaker. Manual § 670. 

The General Counsel is authorized by law to appear in any proceeding 

before a State or Federal court (except the United States Supreme Court) 

without compliance with admission requirements of such court. 2 USC 

§ 130f(a). Furthermore, the law requires the Attorney General to notify the 

General Counsel of a determination not to appeal a court decision affecting 

the constitutionality of an Act. 2 USC § 130f(b). 

Office of the Historian 

Under clause 7 of rule II the Historian of the House of Representatives 

is appointed by the Speaker. Manual § 669. 

§ 6. Offices Established by Law 

Government Accountability Office 

The preparation, utilization, and distribution (to committees and Members) of reports by the Government Accountability Office, and its authority 

to assign its employees to duty with congressional committees, are regulated 

by sections 231-236 of the Legislative Reorganization Act of 1970. 31 USC 

§ 711-720. This office was formerly known as the General Accounting Office. 31 USC § 702 note. 

656 

§ 6 HOUSE PRACTICE

Office of Compliance 

The Office of Compliance was established by the Congressional Accountability Act of 1995. 2 USC § 1381. The office is composed of five individuals appointed jointly by the Speaker, the Majority Leader of the Senate, and the Minority Leaders of the House and the Senate. The office has 

regulatory, enforcement, and educational responsibilities under the Act. Section 1382 provides for a General Counsel to be appointed by the Chair of 

the Compliance Board to exercise the authorities of the Office of Compliance. 

Office of the Legislative Counsel 

The Office of the Legislative Counsel of the House of Representatives 

evolved from a single Legislative Drafting Service established for the Congress by the Act of February 24, 1919. 40 Stat. 1057, 1141. The currently 

applicable provisions of law setting forth the purpose and functions of the 

office and providing for its administration are contained in title V of the 

Legislative Reorganization Act of 1970. 2 USC §§ 281, 282. The purpose 

of the office is to advise and assist the House, its committees, and its Members in the achievement of a clear, faithful, and coherent expression of legislative policies. 

Congressional Budget Office 

The Congressional Budget Office was established by the Congressional 

Budget Act of 1974. 2 USC § 601. The office is headed by a director appointed by the Speaker and the President pro tempore. 2 USC § 601. The 

functions of the office include providing assistance to the House and Senate 

Committees on the Budget and Appropriations and the Senate Committee 

on Finance in the discharge of matters within their jurisdictions and to other 

committees to assist them in complying with the provisions of the Act. 2 

USC § 602. 

The Office of the Law Revision Counsel 

The Office of the Law Revision Counsel was established by the Committee Reform Amendments of 1974 to develop a codification of the laws 

of the United States. 2 USC § 285. 

Office of the Parliamentarian 

A Parliamentarian has been appointed by the Speaker in every Congress 

since 1927. Before 1927 the ‘‘Clerk at the Speaker’s Table’’ performed the 

function of the Parliamentarian. In the 95th Congress the House formally 

and permanently established an Office of the Parliamentarian to be manVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00666 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 35—OFFICERS AND OFFICES § 7 

aged, supervised, and administered by a nonpartisan Parliamentarian appointed by the Speaker. 2 USC § 287. The compilation and preparation of 

the precedents of the House of Representatives was authorized in the 93d 

Congress by the Committee Reform Amendments of 1974. 2 USC § 28a. 

The printing and distribution of the precedents was also authorized by law. 

2 USC §§ 28, 28b-e, 29. 

For a list of other House offices, commissions, and joint entities, see 

Manual §§ 1113-1125h. 

§ 7. Service of Process 

Rule VIII governs the procedure for House response to a judicial or administrative subpoena served on a Member, Delegate, Resident Commissioner, officer, or employee of the House. Manual § 697. Examples of service of process on officers include those on the Speaker, the Clerk, and the 

Sergeant-at-Arms. Deschler Ch 11 §§ 16.2-16.4, 16.7-16.9, 16.11. Examples 

of service of process on employees include those on current and former employees of a committee, an employee of the House Republican Conference, 

and a former employee of a former House select committee who was subpoenaed to give a deposition about his recollection of certain executive session transactions. 93-2, Sept. 30, 1974, p 33020; 94-1, Sept. 23, 1975, p 

29824; 97-1, Jan. 22, 1981, pp 694, 695. For a discussion of how an officer 

must comply with service of process under rule VIII, see QUESTIONS OF

PRIVILEGE. 

Legal counsel, through the Department of Justice, is available to an officer of the House (but not its Members) to defend the officer against actions brought against such officer while discharging official duties or executing an order of the House. 2 USC § 118. For a discussion of this statutory procedure, as well as House authorization by resolution for the appointment of legal counsel to represent an officer, Member, or employee who 

has been served with process, see QUESTIONS OF PRIVILEGE. Legal counsel 

is also available through the Office of General Counsel under clause 8 of 

rule II, which provides legal assistance and representation to Members, committees, officers, and employees in complying with legal process under rule 

VIII. § 5, supra. 

659 

Chapter 36 

Order of Business; Privileged Business 

A. THE DAILY ORDER OF BUSINESS

§ 1. In General; Varying the Order of Business 

§ 2. Sequence of Particular Business 

§ 3. The Daily Practice 

B. PRIVILEGED BUSINESS

§ 4. In General; Under the Constitution 

§ 5. Business Privileged by House Rule 

§ 6. — Privilege of Particular Business 

§ 7. — Privileged Motions 

Research References 

4 Hinds §§ 3056-3152 

6 Cannon §§ 708-757 

Deschler Ch 21 §§ 1-8, 28-31 

Manual §§ 869-901 

A. The Daily Order of Business 

§ 1. In General; Varying the Order of Business 

Generally 

The order or sequence in which business is taken up for floor consideration is governed by various House rules. A general rule for the ‘‘daily 

order of business’’ is set forth in clause 1 of rule XIV. Manual § 869. The 

order of business may be affected by rule XV, Business in Order on Special 

Days, which includes: Suspensions (clause 1), the Discharge Calendar 

(clause 2), the Private Calendar (clause 5), and Calendar Wednesday (clause 

6). Manual §§ 885-901. The order of business specified by rule XV may be 

varied by a special order of the House as described in CONSIDERATION AND

DEBATE and SPECIAL ORDERS OF BUSINESS. 

Although rule XIV states the daily order of business, it does not bind 

the House to a fixed daily routine. Other House rules make certain important 

subjects privileged so as to permit the daily order of business to be interrupted or even supplanted entirely for days at a time. See §§ 4-7, infra. InVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00669 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
660 

§ 2 HOUSE PRACTICE

deed, clause 1 of rule XIV qualifies the daily order of business with the 

following parenthetical: ‘‘(unless varied by the application of other rules and 

except for the disposition of matters of higher precedence).’’ Although privileged matters may interrupt the order of business, procedural questions— 

such as a vote on adopting a special order of business, a motion to resolve 

into the Committee of the Whole, or the question of consideration—may 

precede their consideration. This system enables the House to give precedence to its most important business without losing the power by majority 

vote to go to any other measures on its calendars. For a list of privileged 

matters that may interrupt the order of business, see Manual §§ 870, 871. 

The order of business also may be affected by the Speaker’s discretionary authority to recognize Members on particular questions. See RECOGNITION. Pursuant to clause 6 of rule XIV, all questions relating to the priority of business shall be decided without debate. 

Scheduling Business 

The business of the House is scheduled by the Speaker and the Members who constitute the leadership of the majority party, acting in concert 

with the leadership of each standing committee and the Committee on Rules. 

Deschler Ch 21 § 1. The daily or weekly agenda of the House is ordinarily 

formulated by the Leadership and implemented by special orders of business 

reported from the Committee on Rules and adopted by the House. The legislative schedule for the House is announced to the Members by the Majority 

Leader or Whip or a designee or, rarely, by the Speaker. Deschler Ch 21 

§ 1.1. Such announcement is usually a response to a question asked by the 

Minority Whip or a designee during a ‘‘customarily long one-minute 

speech’’ or ‘‘colloquy’’ at the end of the legislative week. 105-2, Mar. 27, 

1998, pp 5037-40. 

§ 2. Sequence of Particular Business 

The general rule specifying the daily order of business is set forth in 

clause 1 of rule XIV as follows: 

0 First: Prayer by the Chaplain. 

0 Second: Reading and approval of the Journal, unless postponed under 

clause 8 of rule XX. 

0 Third: The Pledge of Allegiance to the Flag. 

0 Fourth: Correction of reference of public bills. 

0 Fifth: Disposal of business on the Speaker’s table as provided in clause 2. 

0 Sixth: Unfinished business as provided in clause 3. 

0 Seventh: The morning hour for the consideration of bills called up by committees as provided in clause 4. 

661 

CHAPTER 36—ORDER OF BUSINESS; PRIVILEGED BUSINESS § 2 

0 Eighth: Motions that the House resolve into the Committee of the Whole 

House on the state of the Union subject to clause 5. 

0 Ninth: Orders of the day. 

Ranked first in the daily order of business is the prayer. No business 

is in order before the prayer, which is offered daily when the House meets. 

Deschler Ch 21 § 2. 

The next order of business is the approval of the Journal. Only messages from the President or the Senate may be received and questions of 

the privileges of the House raised before the approval of the Journal. No 

other business, including privileged business, may intervene. See JOURNAL. 

Following the approval of the Journal is the Pledge of Allegiance to 

the Flag, which is led by a Member at the invitation of the Speaker. Oneminute speeches, although not provided for by rule XIV, are sometimes entertained by unanimous consent following the Pledge of Allegiance. § 3, 

infra. It is then in order to offer motions or unanimous-consent requests to 

correct the reference of public bills. See INTRODUCTION AND REFERENCE OF

BILLS. 

Rule XIV next provides for the disposal of business on the Speaker’s 

table. Under clause 2 of rule XIV, such business consists of the referral of 

executive communications, messages from the President, and messages from 

the Senate; motions to dispose of certain Senate bills and resolutions; and 

motions to dispose of Senate amendments. Manual § 873. Messages from 

the President and messages from the Senate are matters of privilege and 

may be received, laid before the House, and disposed of whenever business 

permits. Deschler Ch 21 § 2. Disposition of Senate bills, see SENATE BILLS; 

AMENDMENTS BETWEEN THE HOUSES. 

Under the prescribed order of business in rule XIV, the motion to resolve into Committee of the Whole is in order after the morning hour for 

consideration of bills reported by committees and before ‘‘orders of the 

day.’’ The morning hour and ‘‘orders of the day’’ have not been used in 

many years, the House relying instead on special orders of business, which 

often supersede the regular order of business for lengthy periods. 4 Hinds 

§ 3056; see SPECIAL ORDERS OF BUSINESS. 

An order of business resolution reported from the Committee on Rules, 

permitting the Speaker to declare that the House resolve into the Committee 

of the Whole to consider a particular bill, gives precedence to such declaration when no other business is pending. Clause 2(b) of rule XVIII. Under 

clause 4 of rule XVIII, the motion to resolve into the Committee of the 

Whole is privileged for consideration of general appropriation bills. The motion to resolve into the Committee of the Whole may also be made privileged by the provisions of a statute. Deschler Ch 21 § 30.8. 

662 

§ 3 HOUSE PRACTICE

As to when particular matters are in order, see APPROPRIATIONS; CALENDARS; CONFERENCES BETWEEN THE HOUSES; DISTRICT OF COLUMBIA

BUSINESS; PRIVATE CALENDAR; QUESTIONS OF PRIVILEGE; QUORUMS; RESOLUTIONS OF INQUIRY; and VETO OF BILLS. 

§ 3. The Daily Practice 

The sequence of events on the House floor on any given day may, and 

usually does, vary from the order prescribed by clause 1 of rule XIV. Certain customs and norms have developed over recent years that allow Members to express their concerns on matters not pending before the House or 

scheduled for consideration in the daily or weekly agenda. One-minute 

speeches, special-order speeches, and ‘‘morning-hour’’ debate are all vehicles for this type of free expression. See CONSIDERATION AND DEBATE. 

On each legislative day, certain events do occur in a predictable order. 

The prayer, the approval of the Journal, and the Pledge of Allegiance all 

occur in sequence, although the actual vote on the approval of the Journal 

(if demanded) may be postponed. 

Before reaching the scheduled business of the day, the Speaker usually 

agrees to recognize Members for one-minute speeches. The Speaker may 

limit the number if the anticipated legislative schedule is full. See CONSIDERATION AND DEBATE for practices and norms relating to such speeches. 

Because of the precise language in the rules governing the Private Calendar 

and the discharge rule, one-minute speeches may await the disposition of 

those types or classes of business. 

Following the disposition of one-minute speeches, and throughout the 

legislative day, the Chair lays down messages received from the President 

or the Senate. The Chair also makes announcements concerning appointments or informing the House of communications received in an official capacity. 

Following one-minute speeches, the House normally proceeds to business holding a privileged status for that day. That special status may be set 

by a standing rule, by a special order of business reported by the Committee 

on Rules, or by an order previously adopted by the House either by unanimous consent or motion to suspend the rules. 

Once this business is reached, the prescribed order is still subject to 

some flexibility. Certain record votes may be postponed or ‘‘clustered’’ to 

occur in sequence, pursuant to the Speaker’s authority under clause 8 of rule 

XX. 

When scheduled business has been completed, it is again customary for 

Members to be given an opportunity to address the House on other subjects. 

663 

CHAPTER 36—ORDER OF BUSINESS; PRIVILEGED BUSINESS § 4 

Special-order speeches may be granted by designation of party leaders for 

up to one hour or 30 minutes per Member. Limits on the number and duration of such speeches are enforced by the exercise of the Speaker’s power 

of recognition, which follows a policy established on opening day. 

B. Privileged Business 

§ 4. In General; Under the Constitution 

Privileged business is business of such importance as to enjoy precedence over the regular order of business. It is business that can supersede 

or interrupt other matters that might otherwise be called up or be pending 

before the House. Manual §§ 853-857, 870, 871. 

Privileged questions are to be distinguished from what are termed 

‘‘questions of privilege.’’ Privileged questions relate to the order or priority 

of business under the rules of the House, whereas ‘‘questions of privilege’’ 

pertain to the safety and dignity of the House, to the integrity of its proceedings, or to the rights or reputation of its members under rule IX. 3 

Hinds §§ 2654, 2718; see QUESTIONS OF PRIVILEGE. 

Privilege may derive from the Constitution, from the rules and practices 

of the House, and from statutes enacted pursuant to legislative rulemaking 

power. For example, a veto message from the President is privileged for 

consideration when received by the House. This privilege arises from article 

I, section 7, clause 2 of the Constitution. See VETO OF BILLS. Likewise, because the exclusive power of the House in the impeachment of civil officers 

arises from article I, section 2, clause 5 of the Constitution, the House has 

determined that propositions to impeach, and reports from a committee investigating charges of impeachment, are highly privileged. See IMPEACHMENT. Similarly, because article VI, clause 3 of the Constitution provides 

that Representatives shall take an oath, the administration of the oath to 

Members is privileged. A Member-elect appearing during a session may be 

administered the oath as a matter of the highest privilege that may interrupt 

other business. See OATHS. 

Certain propositions are privileged for consideration because of indirect 

constitutional mandate. Examples include concurrent resolutions for adjournment sine die or to a day certain and motions incident to establishing a 

quorum, which are discussed in ADJOURNMENT and QUORUMS. However, 

privilege is not conferred merely because the question is one committed to 

the House under the Constitution. Manual § 702. For example, a resolution 

to confirm the nomination of the Vice President, a duty committed to the 

664 

§ 5 HOUSE PRACTICE

House under the 25th amendment to the Constitution, is not privileged for 

consideration. Deschler Ch 21 § 28. 

§ 5. Business Privileged by House Rule 

A variety of bills, reports, resolutions, and motions are privileged under 

the House rules. Some committees are given the power to report to the 

House at any time on certain subjects. See COMMITTEES. Certain kinds of 

committee reports are privileged, including reports on the contempt of witnesses, resolutions of inquiry, and election contests. These subjects are discussed in CONTEMPT, RESOLUTIONS OF INQUIRY, and ELECTION CONTESTS

AND DISPUTES. 

§ 6. — Privilege of Particular Business 

The House rules make certain important subjects privileged, which permit the daily order of business to be interrupted or even supplanted entirely 

for days at a time. Among the privileged matters that may interrupt the 

order of business are: 

0 General appropriation bills. Clause 5 of rule XIII. 

0 Conference reports. Clause 7 of rule XXII. 

0 Motions to request or agree to a conference. Clause 1 of rule XXII. 

0 Special orders of business reported by the Committee on Rules. Clause 5 

of rule XIII. 

0 Consideration of amendments between the Houses after disagreement. 

Clause 4 of rule XXII. 

0 Questions of privilege. Rule IX; see QUESTIONS OF PRIVILEGE. 

0 Bills coming over from a previous day with the previous question ordered. 

5 Hinds §§ 5510-5517. 

0 Bills returned with the objections of the President. 4 Hinds §§ 3534-3536. 

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 and pass 

measures. Clause 1 of rule XV. The second and fourth Mondays of the 

month are set apart for District of Columbia business. Clause 4 of rule XV. 

Bills on the Private Calendar are called on the first Tuesday of the month 

and also on the third Tuesday if directed by the Speaker. Clause 5 of rule 

XV. The Speaker has the discretion to dispense with the call of the Private 

Calendar on the third Tuesday. Manual § 897. 

Other classes of business not only are given a prescribed day but also 

are keyed to a specific reference in the order of business prescribed in 

clause 1 of rule XIV. For example, motions to discharge, when perfected 

665 

CHAPTER 36—ORDER OF BUSINESS; PRIVILEGED BUSINESS § 7 

and otherwise eligible, can be called up after the approval of the Journal. 

Clause 2 of rule XV. District of Columbia business is given a position following ‘‘disposal of such business on the Speaker’s table as requires reference only.’’ Clause 4 of rule XV. Both the provisions that designate a day 

for the class of business, and those that give the class a specified place in 

the order of business, can be changed by the House by adoption of a special 

order of business from the Committee on Rules, a unanimous-consent agreement, or a motion to suspend the rules. 

The privileged status that is conferred on certain classes of business 

does not necessarily carry with it an exemption from applicable layover requirements of the House rules. Thus, a conference report may be called up 

for consideration as privileged business only after the report has been filed 

and is in compliance with the three-day and two-hour availability requirements of clause 8 of rule XXII. See CONFERENCES BETWEEN THE HOUSES. 

When the Speaker is faced with competing Members seeking recognition for consideration of different items of business, it must first be determined whether one class or type of business is of a higher precedence than 

the other. In making these determinations, the Speaker relies on the rules 

of the House that give the matter precedence and on prior rulings of the 

Chair that may predetermine the choice. For a compilation of such rulings, 

see Deschler Ch 21 § 31. They are of lesser relevance in the modern practice 

because the House usually determines the order of consideration by adoption 

of a special order of business reported from the Committee on Rules. Also, 

the priority of propositions of equal privilege may be determined by the 

Chair as within the Chair’s power of recognition. 

§ 7. — Privileged Motions 

Certain motions relating to the order of business are given precedence 

under the rules of the House. One example is the motion to suspend the 

rules, which may be used to change the order of business as well as to adopt 

a measure. See SUSPENSION OF RULES. The motion that the House resolve 

itself into the Committee of the Whole to consider a general appropriation 

bill is likewise privileged under the rules. See APPROPRIATIONS. For legislative procedures enacted in law (which may accord privileged status to certain motions), see CONGRESSIONAL PROCEDURES ENACTED IN LAW. 

When called up pursuant to the provisions of the discharge rule under 

clause 2(d) of rule XV, a motion to discharge a committee is privileged; 

and the Speaker may decline to recognize for a matter not related to the 

proceedings. 7 Cannon § 1010. Such motions take precedence over business 

666 

§ 7 HOUSE PRACTICE

merely privileged under the general rules of the House. 7 Cannon § 1011; 

see DISCHARGING MEASURES FROM COMMITTEES. 

If authorized, by vote or committee rule, by the committee (or committees) with jurisdiction over the bill, a motion to send a matter to conference 

is privileged under clause 1 of rule XXII. Manual § 1069. The motion is 

privileged at any time the House is in possession of the papers if the appropriate committee has authorized the motion and the Speaker recognizes for 

that purpose. Manual § 1070. A motion to discharge or instruct conferees 

is privileged under clause 7(c) of rule XXII. See CONFERENCES BETWEEN

THE HOUSES. 

For a discussion of precedence of secondary motions, see AMENDMENTS; LAY ON THE TABLE; POSTPONEMENT; PREVIOUS QUESTION; RECONSIDERATION; and REFER AND RECOMMIT. 

667 

Chapter 37 

Points of Order; Parliamentary Inquiries 

A. POINTS OF ORDER

§ 1. In General; Form 

§ 2. Role of the Chair 

§ 3. Reserving Points of Order 

§ 4. Time to Raise Points of Order 

§ 5. — Against Bills and Resolutions 

§ 6. — Against Amendments 

§ 7. Application to Particular Questions; Grounds 

§ 8. Relation to Other Business 

§ 9. Debate on Points of Order; Burden of Proof 

§ 10. Waiver of Points of Order 

§ 11. Withdrawal of Points of Order 

§ 12. Appeals 

B. PARLIAMENTARY INQUIRIES

§ 13. In General 

§ 14. Subjects of Inquiry 

§ 15. Timeliness of Inquiry 

§ 16. As Related to Other Business 

Research References 

5 Hinds §§ 6863-6957 

8 Cannon §§ 3427-3458 

Deschler-Brown Ch 31 §§ 14, 15 

Manual §§ 627-629, 641, 971 

A. Points of Order 

§ 1. In General; Form 

Generally 

A point of order is an objection that the pending matter or proceeding 

is in violation of a rule of the House. For a discussion of grounds for points 

668 

§ 1 HOUSE PRACTICE

of order, see § 7, infra. Any Member, Delegate, or the Resident Commissioner may make a point of order. 6 Cannon § 240. There have been rare 

instances in which the Speaker has insisted that a point of order be reduced 

to writing. 5 Hinds § 6865. However, the customary practice is for the Member to rise and address the Chair as follows: 

MEMBER: Ml. Speaker (or Ml. Chair), I make a point of order 

against the [amendment, section, paragraph]. The [amendment, section, 

paragraph] violates lllll. 

It is appropriate for the Chair to determine whether the point of order 

is being raised under a particular rule of the House. A Member should state 

a point of order explicitly, identifying the objectionable language. DeschlerBrown Ch 31 §§ 2.2, 2.3. On occasion, a Member has incorrectly demanded 

the ‘‘regular order,’’ rather than make a point of order to assert, for example, that remarks are not confined to the question under debate. In such a 

case, the Chair may treat the demand as a point of order and rule thereon. 

Manual § 628. 

The proper method for opposing a point of order is to speak on the 

point of order prior to the Chair’s ruling and not by making a point of order 

against the point of order. Deschler-Brown Ch 31 § 7.3. 

Effect 

Where a point of order against the consideration of a bill is sustained, 

the bill is recommitted to the reporting committee or to its place on the appropriate calendar. See, e.g., Manual § 841. However, if the defect were a 

technical error in the report, the measure could be returned to the calendar 

by the filing of a supplemental report pursuant to clause 3(a)(2) of rule XIII. 

Manual § 838; 7 Cannon § 869. If a bill is on the wrong calendar and the 

Chair sustains a point of order against it for that reason, the bill is placed 

on the appropriate calendar. 4 Hinds § 4382. 

If, during the consideration of a bill, a Member raises a point of order 

against certain language in a pending measure and the Chair sustains the 

point of order, the language is automatically stricken from the measure. 7 

Cannon § 2148. 

Under the former practice it was necessary for a Member on the floor 

to reserve points of order against appropriation bills before resolving into 

the Committee of the Whole, but this practice was eliminated in 1995 when 

the House adopted clause 1 of rule XXI. Under clause 1, points of order 

on general appropriation bills are ‘‘considered as reserved,’’ which permits 

the Committee of the Whole to remove language in a bill referred to it by 

the House that violates House rules. Manual § 1035. 

669 

CHAPTER 37—POINTS OF ORDER; PARLIAMENTARY INQUIRIES § 1 

A point of order sustained against any part of an amendment is sufficient to invalidate the entire amendment. 5 Hinds § 5784. A point of order 

may be directed against an entire section or paragraph of a bill (depending 

on whether the bill is read by paragraph or by section). It also may be precisely aimed at a subpart thereof. However, the entire section or paragraph 

is vulnerable; and if a point of order is sustained against a portion of a 

pending provision, the entire provision may be ruled out of order unless prevented by a special order of business. 5 Hinds § 6883; Deschler-Brown Ch 

31 §§ 1.24, 1.25. The stricken provision’s headings and subheadings are 

likewise eliminated. 8 Cannon § 2353. Provisions ruled out on points of 

order in the Committee of the Whole are not reported to the House. 4 Hinds 

§ 4906; 8 Cannon § 2428. 

Multiple Points of Order 

The Chair may entertain simultaneously more than one point of order 

against a paragraph. Deschler-Brown Ch 31 § 1.8. Typically, the Chair will 

decline to decide a point of order raised against a proposition until all other 

points of order on the same proposition have been submitted. 8 Cannon 

§ 2310. Indeed, the Chair has the discretion to require all points of order 

against a pending proposition for alleged violation of a particular House rule 

to be stated at the same time. This procedure allows the Chair to rule separately on each point of order in such order as the Chair determines, or to 

permit the Chair to sustain one valid point of order without reaching the 

others. Deschler-Brown Ch 31 § 4.18. Thus, where several points of order 

are made against an amendment and the Chair sustains one of them, the remaining points of order need not be ruled on, as the amendment is no longer 

pending. Deschler-Brown Ch 31 § 1.12. Where the Chair entertains two 

points of order against a provision, the Chair may choose to sustain only 

one of them, even though both points of order are conceded by the manager 

of the bill. Manual § 628. 

Cross References 

Points of order based on particular rules or against particular propositions are addressed elsewhere in many other chapters in this work, such 

as AMENDMENTS; APPROPRIATIONS; CONSIDERATION AND DEBATE; and 

GERMANENESS OF AMENDMENTS. 

670 

§ 2 HOUSE PRACTICE

§ 2. Role of the Chair 

Generally 

Under clause 5 of rule I, the Speaker decides ‘‘all questions of order, 

subject to appeal by a Member, Delegate, or Resident Commissioner.’’ 

Manual § 627. When a Speaker pro tempore occupies the Chair, such Member decides questions of order. When the House is in Committee of the 

Whole, its Chair decides most questions of order independently of the 

Speaker. 5 Hinds §§ 6927, 6928. At the organization of a new Congress, before the election of a Speaker, questions of order are decided by the Clerk. 

Clause 2(a) of rule II; 1 Hinds § 64. 

The Chair may examine the form of an offered amendment to determine 

its propriety and may rule it out of order even where no point of order is 

raised from the floor. Deschler-Brown Ch 31 § 6.11. Ordinarily, however, 

the Chair will rule out a proposition only when a point of order is raised 

and only when required under the circumstances to respond to the point of 

order. Deschler-Brown Ch 31 § 1.6. It is not the duty of the Speaker to decide any question that is not directly presented in the course of the proceedings of the House. 2 Hinds § 1314; see CONSIDERATION AND DEBATE. 

However, it is the duty of the Chair to initiate the call to order of a Member 

who engages in improper references to the actions of the Senate, its Members, or its committees, or to the President. Manual §§ 374, 961. 

The Speaker may decline to rule on a point of order until the issue has 

been examined and studied. 3 Hinds § 2725; 8 Cannon §§ 2174, 2396. In 

reaching a decision on a point of order, the Chair may hear argument. Manual § 628; see § 9, infra. 

Only on rare occasions has the Speaker submitted a question to the 

House itself for a decision, preferring to rule subject to appeal by any Member under clause 5 of rule I. Manual § 628; 4 Hinds §§ 3282, 4930; 5 Hinds 

§ 5323. 

Where the House has adopted an order permitting only certain amendments to be offered to a bill during its consideration in Committee of the 

Whole, the Chair is guided by the explicit unambiguous language of the 

rule, rather than by the intention of the Committee on Rules, in ruling 

whether a specific amendment is in the permitted class. Manual § 628. The 

Member offering an amendment in the Committee of the Whole pursuant 

to a special order of the House has the burden of proving that it meets the 

description of the amendment made in order. The Chair has advised the 

Committee that an amendment made in order was described by subject matter rather than by prescribed text and that the pending amendment fit such 

description. Manual § 993. 

671 

CHAPTER 37—POINTS OF ORDER; PARLIAMENTARY INQUIRIES § 3 

The Chair may consider argument on the meaning of an amendment in 

resolving any ambiguity in the language of the amendment when ruling on 

a point of order against it. Deschler-Brown Ch 31 § 8.9. 

Consideration of Prior Rulings; Reversals 

A decision by the Speaker or Chair is a precedent in resolving subsequent disputes where the same point of order is again in controversy. In 

looking to precedents to resolve a point of order, the House is applying a 

doctrine known in the courts as stare decisis, under which a judge looks 

to earlier cases involving the same question of law. In the same way, the 

House adheres to settled rulings and will not lightly disturb rationales that 

have been established by prior decision of the Chair. 2 Hinds § 1317; 6 Cannon § 248. However, although the Chair will normally not disregard a decision previously made on the same facts, such precedents may be examined, 

distinguished, and even overruled where shown to be erroneous. 4 Hinds 

§ 4637; 8 Cannon §§ 2794, 3435. Indeed, the Chair may after further argument reverse the previous ruling on a point of order, for example, where 

existing law not previously called to the Chair’s attention would justify the 

opposite ruling. 8 Cannon § 3435; Deschler-Brown Ch 31 § 1.5. The authoritative sources for proper interpretations of the rules are statements made directly from the Chair and not comments made by the Speaker in other contexts. Manual § 628. 

§ 3. Reserving Points of Order 

Generally 

With certain exceptions, a point of order against a proposition may be 

held untimely if it is not made until after debate on the proposition has 

begun. § 4, infra. It is therefore not an uncommon practice for a Member 

to reserve a point of order against an amendment and then, after debate on 

the amendment, either press or withdraw the point of order. 8 Cannon 

§ 3430. Reserving points of order against amendments, see AMENDMENTS. 

The reservation of a point of order against an amendment is permitted 

at the discretion of the Chair and does not require unanimous consent. 

Deschler-Brown Ch 31 § 3.16. A Member wishing to reserve a point of 

order must rise and address the Chair. The Member may not reserve a point 

of order merely through private agreement with the Member in charge of 

the bill. 5 Hinds § 6867. The reserving Member need not specify the basis 

of the reservation. Deschler-Brown Ch 31 § 3.8. However, merely reserving 

the ‘‘right to object’’ to engage in a colloquy before making a point of order 

672 

§ 4 HOUSE PRACTICE

does not constitute the reservation of a point of order. 92-2, Apr. 18, 1972, 

p 13114. 

Effect of Withdrawal 

The reservation of a point of order being withdrawn, another Member 

may immediately renew the reservation or press a point of order. DeschlerBrown Ch 31 §§ 3.21-3.23. For a discussion of withdrawal of points of order 

generally, see § 11, infra. 

§ 4. Time to Raise Points of Order 

Generally 

Unless otherwise provided by the rules of the House, a point of order 

against a proposition should be made when the proposition is presented for 

consideration, not after such consideration has begun. 5 Hinds § 6888. This 

principle is applied to points of order against bills and resolutions as well 

as to points of order against various motions, such as the motion to recommit. A point of order against a motion to recommit a bill must be made 

after the motion is read and comes too late after there has been debate thereon. Deschler-Brown Ch 31 § 4.25. A point of order against a motion to recommit may interrupt the reading of said motion where enough of the reading has been completed for the Chair to determine that the motion is not 

in order. 111-1, July 9, 2009, p ll. A point of order against a report involving the privileges of the House is properly raised after the report is read. 

Deschler-Brown Ch 31 § 4.5. 

Under the rules of the House, certain points of order may be raised ‘‘at 

any time.’’ For example, a point of order may be raised ‘‘at any time’’ 

under clause 4 of rule XXI, which prohibits the inclusion of appropriations 

in a bill or joint resolution reported by a legislative committee. Manual 

§ 1065. A point of order may likewise be raised ‘‘at any time’’ under clause 

5(a) of rule XXI, which prohibits inclusion of a tax or tariff measure in a 

bill or joint resolution reported by a committee that does not have jurisdiction over such measure. Manual § 1066. Such a point of order may be directed against language in a measure or against an amendment containing 

such language. In the former case, the point of order should be raised during 

the reading for amendment under the five-minute rule. Deschler Ch 25 

§ 12.14. In the latter case, the point of order should be raised before disposition of the amendment. Deschler-Brown Ch 31 § 5.29. 

Effect of Intervening Debate 

A point of order against a proposition ordinarily will be ruled out as 

untimely if debate on the merits of the proposition already has begun. 5 

673 

CHAPTER 37—POINTS OF ORDER; PARLIAMENTARY INQUIRIES § 5 

Hinds §§ 6891-6901; 8 Cannon § 3440. However, the Chair will not permit 

brief debate to preclude a point of order by a Member who had diligently 

sought recognition for that purpose. 5 Hinds § 6906. The Chair may recognize for a point of order against language in a bill notwithstanding intervening debate where the Member raising the point of order was standing, 

seeking recognition, before debate began. Deschler-Brown Ch 31 § 6.39. Indeed, a Member who is standing and seeking recognition at the proper time 

to make a point of order may be recognized by the Chair, even though the 

Clerk has read past the language to which the point of order applies. Deschler-Brown Ch 29 § 20.33. However, the mere fact that a Member was standing does not entitle such Member to make a point of order where such 

Member has not affirmatively sought recognition at the time the 

relevant nguage was read for amendment. Deschler-Brown Ch 31 § 5.25. 

Effect of Intervening Amendments 

A point of order against a proposition ordinarily is untimely if raised 

after an amendment to the proposition has been offered. 5 Hinds §§ 6907- 

6911; 8 Cannon § 3443. The point of order may be precluded even by a 

pro forma amendment. 8 Cannon § 3445; 108-2, June 16, 2004, p 12565. 

Points of order against a bill or portion thereof are considered by the 

Chair before the Chair recognizes Members to offer amendments. DeschlerBrown Ch 31 § 5.1. If a bill is considered read and open to amendment at 

any point by unanimous consent, points of order should be stated before any 

amendments are offered. Deschler-Brown Ch 31 § 5.5. 

Although the reservation of a point of order by one Member inures to 

all Members who may then make the point of order when recognized by 

the Chair, withdrawal of a reservation by one Member requires other Members to either make or continue to reserve the point of order at that point, 

and a further reservation comes too late after there has been subsequent debate. Deschler-Brown Ch 31 § 3.24. 

§ 5. — Against Bills and Resolutions 

Where the sustaining of a point of order against a measure would prevent its consideration, the appropriate time to make the point of order is 

when the measure is called up in the House or pending the motion or declaration to resolve into the Committee of the Whole, whichever procedure 

represents initial consideration of the measure. 8 Cannon § 2252. A Member 

may not insist on a point of order against the consideration of a bill where 

the manager of the bill withdraws the motion that the House resolve itself 

into the Committee of the Whole for consideration of the bill. The point 

of order must be made anew if and when the motion is again made to reVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00683 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
674 

§ 6 HOUSE PRACTICE

solve into Committee for consideration of that bill. Deschler-Brown Ch 31 

§ 4.6. 

Although uncommon, a point of order challenging, for example, the 

privileged status of a resolution may be raised when the resolution is called 

up and before it is read. Deschler-Brown Ch 31 § 4.1. A point of order relating to the manner in which a resolution should be considered should be 

made before such consideration begins. 5 Hinds § 6890. A point of order 

that the text of a privileged resolution does not reflect the action of the reporting committee comes too late after there has been debate on the resolution. Deschler-Brown Ch 31 § 4.4. 

§ 6. — Against Amendments 

A point of order is properly made or reserved immediately after the 

reading of an amendment or following agreement to a unanimous-consent 

request that an amendment be considered as read. Deschler-Brown Ch 31 

§ 6.5. It should be disposed of before amendments to that amendment are 

offered. Deschler-Brown Ch 31 § 6.14. Once the amendment is agreed to in 

the Committee of the Whole and reported to the House, it is too late to raise 

a point of order against it, the proper time having been at the point the 

amendment was offered in Committee. 92-2, June 1, 1972, pp 19479, 19481, 

19483. See generally AMENDMENTS. 

§ 7. Application to Particular Questions; Grounds 

A point of order ordinarily must be based on an objection that the pending matter or proceeding is in violation of some rule of the House. The 

Chair will ascertain and identify the particular rule being invoked when ruling on a point of order. 98-2, Oct. 2, 1984, p 28522. 

Although questions of order arising under the rules are determined by 

the Chair, the Chair does not: 

0 Recognize for requests to suspend the rule governing admission to the 

floor. Clause 2(b) of rule IV; 5 Hinds § 7285. 

0 Rule on the sufficiency of committee reports or legal effect of language 

therein. Deschler Ch 19 § 7.17. 

0 Rule on questions of constitutionality, including the constitutional powers 

of the House. Manual § 628; 2 Hinds §§ 1255, 1318-1320; 8 Cannon 

§§ 2225, 3031, 3071, 3427; Deschler Ch 19 §§ 7.1-7.3, 8.10. 

0 Pass on the merits of a legislative proposition. Deschler Ch 19 § 7.4. 

0 Rule on the consistency of amendments or other proposed actions of the 

House. 2 Hinds §§ 1327-1336; 8 Cannon §§ 3237, 3458; Deschler Ch 19 

§§ 7.5, 8.6-8.9. 

675 

CHAPTER 37—POINTS OF ORDER; PARLIAMENTARY INQUIRIES § 9 

0 Construe the legislative or legal effect of a proposition. Manual § 628; 8 

Cannon §§ 2280, 2841; Deschler Ch 19 § 7.16. 

0 Construe the general meaning or effect of an amendment or rule on whether it is ambiguous. Deschler Ch 19 §§ 8.1-8.5. 

0 Rule on hypothetical questions. 6 Cannon §§ 249, 253; Deschler Ch 19 

§§ 7.6-7.8. 

0 Rule on the propriety or expediency of a proposed course of action. 2 

Hinds §§ 1275, 1337. 

0 Consider contingencies that may arise in the future. 7 Cannon § 1409. 

0 Interpret a special order of business before it is adopted by the House. 

Manual § 628. 

0 Decide issues not presented in a point of order. Deschler Ch 19 § 6.1. 

0 Construe the result of a vote. Deschler Ch 6 § 4.28. 

0 Interpret the rules or procedures of the Senate. Deschler Ch 19 § 7.19. 

The Speaker, and not the chair of the Committee of the Whole, rules 

on the propriety of amendments included in a motion to recommit with instructions. Deschler-Brown Ch 31 § 1.46 

§ 8. Relation to Other Business 

When a point of order is raised against a proposition, consideration of 

that proposition is precluded until the point of order is disposed of. The 

Chair should rule on the point of order before proceeding to other questions, 

such as the method of voting on the pending matter. 8 Cannon § 3432. 

A timely point of order takes precedence over a parliamentary inquiry, 

and the deferral of a parliamentary inquiry gives no priority for that purpose 

because recognition is in the discretion of the Chair. Deschler-Brown Ch 31 

§ 11.4. 

An amendment may not be offered to a proposition against which a 

point of order is pending. 8 Cannon § 2824. The previous question may not 

be demanded on a proposition until the point of order is resolved. 8 Cannon 

§§ 2681, 3433. Debate on the merits of the proposition is likewise precluded. 5 Hinds § 5055; 8 Cannon § 2556. 

§ 9. Debate on Points of Order; Burden of Proof 

In General; Recognition 

Recognition for debate on a point of order is extended at the discretion 

of the Chair. 8 Cannon §§ 3446-3448. Members seeking to be heard must 

address the Chair separately and may not engage in ‘‘colloquies’’ on the 

point of order. Deschler-Brown Ch 31 § 7.17. The time allowed for debate 

on a point of order is likewise within the discretion of the Chair, who may 

decline to hear more when prepared to rule. Manual § 628. A Member 

676 

§ 9 HOUSE PRACTICE

speaking on a point of order does not control a fixed amount of time that 

can be reserved or yielded. 5 Hinds § 6919. Where a point of order is conceded by the manager of the bill, the Chair may sustain the point of order 

without debate. Deschler-Brown Ch 31 § 7.20. 

Some points of order are not decided by a ruling from the Chair (beyond a threshold determination that the rule applies to the pending proposition), but instead trigger an automatic question of consideration. See QUESTION OF CONSIDERATION for examples of such points of order. With regard 

to unfunded mandates and earmark points of order, the statute or rule provides for 20 minutes of debate, equally divided between the Member raising 

the point of order and a Member opposed. Manual §§ 1068d, 1127. 

Scope of Debate 

The rule that debate on questions of order must be relevant is strictly 

construed. 8 Cannon § 3449. Debate is limited to the question of order and 

may not go to the merits of the proposition being considered. Manual § 628. 

The Chair will not entertain unanimous-consent requests to permit 

Members to revise and extend their remarks on points of order. DeschlerBrown Ch 31 § 7.21. However, by unanimous consent, a Member may be 

allowed to revise and extend remarks to follow the ruling on the point of 

order. Manual § 628. 

Burden of Proof 

The proponents of an amendment have the burden of proof where a 

point of order is raised against the amendment on the grounds that it is not 

germane or that it proposes an unauthorized appropriation. 7 Cannon § 1179; 

8 Cannon § 2995. Under House practice, those defending an item in an appropriation bill have the burden of showing the law authorizing it. 4 Hinds 

§ 3597; 7 Cannon §§ 1179, 1276; 8 Cannon § 2387. Thus, a point of order 

having been raised, the burden of proving the authorization for language carried in an appropriation bill falls on the managers of the bill as proponents 

of the language. Deschler Ch 26 § 9.4. Similarly, the proponent of an 

amendment carries the burden of proving that the amendment does not increase levels of budget authority or outlays within the meaning of clause 

2(f) of rule XXI. 107-1, Oct. 11, 2001, p 19368. 

Where a point of order is raised against consideration of a bill on the 

ground that the report thereon does not adequately reflect all changes in existing law as required by clause 3(e) of rule XIII—the Ramseyer rule—the 

maker of the point of order has the burden of proof and must cite the specific statute that will be affected by the pending bill; in the absence of such 

citation the point of order will not be entertained. 8 Cannon § 2246. 

677 

CHAPTER 37—POINTS OF ORDER; PARLIAMENTARY INQUIRIES § 10 

§ 10. Waiver of Points of Order 

Generally 

Points of order may be waived by unanimous consent, by special order 

of business, or by consideration of a measure under suspension of the rules. 

Deschler-Brown Ch 31 § 9. In addition, a point of order is effectively 

waived when it is not timely raised. Where a motion that might have been 

subject to objection is, in the absence of a point of order, agreed to, it represents the will of the House and governs its procedure until the House orders otherwise. Deschler Ch 11 § 3.2. 

By Special Order of Business 

Special ‘‘rules’’ or resolutions from the Committee on Rules providing 

for the consideration of a bill often contain provisions expressly waiving 

points of order against the bill or certain language therein or amendments 

to be offered thereto. 7 Cannon § 769. A resolution waiving points of order 

against a certain provision in a bill has been agreed to by the House even 

after general debate on the bill has concluded and reading for amendment 

has begun. Deschler Ch 21 § 23.29. Such waivers are not implied merely 

by the fact that the special order of business provides for consideration of 

the bill. 98-1, Mar. 22, 1983, p 6502. 

A special order of business may limit its waiver to a single point of 

order against consideration of a measure or against its provisions, or it may 

be so drafted as to constitute a blanket waiver of all points of order. Where 

a resolution providing for the consideration of a bill specifies that ‘‘all 

points of order against said bill are hereby waived,’’ the waiver is applicable 

only to the provisions of the bill and not to amendments. Deschler-Brown 

Ch 31 § 9.10. A special order of business providing for consideration of a 

measure may waive all points of order against provisions of the bill except 

specified text. Such a special order may include language to prevent a point 

of order against the vulnerable text from being applied to the remainder of 

a paragraph or section. See, e.g., 107-1, July 17, 2001, p 13511. 

A special order of business containing a waiver of section 425 of the 

Congressional Budget Act (unfunded intergovernmental mandates) is subject 

to a point of order under section 426 of that Act. Similarly, a special order 

of business containing a waiver of clauses 9(a) or 9(b) of rule XXI (earmarks) is subject to a point of order under clause 9(c) of rule XXI. 

For further discussion, see SPECIAL ORDERS OF BUSINESS. See also 

CONSIDERATION AND DEBATE. 

678 

§ 11 HOUSE PRACTICE

§ 11. Withdrawal of Points of Order 

A point of order may be withdrawn at any time before the Chair rules. 

8 Cannon § 3430. Once withdrawn, the point of order may immediately be 

renewed by another Member. 5 Hinds §§ 6875, 6906; 8 Cannon §§ 3429, 

3430. As a rule, a point of order must be pressed, or further reserved, when 

the Chair inquires whether the objecting Member wishes to insist upon it, 

and comes too late after that Member has stated that such Member does not 

insist on, or continue to reserve, the point of order, and further debate has 

intervened. Deschler-Brown Ch 31 § 3.14. 

§ 12. Appeals 

Under clause 5 of rule I, a ruling of the Chair on a point of order may 

be subject to challenge through an appeal by a Member. Manual §§ 627, 

629; 5 Hinds §§ 6938, 6939. An appeal also may be taken from the ruling 

of the chair of the Committee of the Whole on a point of order. DeschlerBrown Ch 31 § 13.3. However, a decision on a question of order is not subject to an appeal if the decision falls within the discretionary authority of 

the Chair. For a complete discussion of appeals, see APPEALS. 

B. Parliamentary Inquiries 

§ 13. In General 

Recognition of Members for the purpose of propounding parliamentary 

inquiries is within the discretion of the Chair. 6 Cannon § 541. Inquiries 

concerning the parliamentary situation on the floor are properly directed to 

the Chair, and it is not in order for a Member to address them to the official 

reporters. Deschler-Brown Ch 31 § 14.14. The Chair may delay the response 

to a parliamentary inquiry pending examination of relevant House precedents. 8 Cannon § 2174. Responses to parliamentary inquiries are not subject 

to appeal. 5 Hinds § 6955; 8 Cannon § 3457. The Chair may take a parliamentary inquiry under advisement, especially when the inquiry does not 

relate to the pending proceedings of the House. Manual § 628a; 8 Cannon 

§ 2174; 102-2, Apr. 7, 1992, p 8273; 103-1, May 26, 1993, p 11251. 

The Chair may clarify a prior response to a parliamentary inquiry. Manual § 628a. 

679 

CHAPTER 37—POINTS OF ORDER; PARLIAMENTARY INQUIRIES § 14 

§ 14. Subjects of Inquiry 

Proper Subjects of Inquiry 

The Chair responds to parliamentary inquiries relating in a practical 

sense to the pending proceedings, such as inquiries relating to the application of the rules and precedents to a pending or otherwise pertinent situation. 

The Chair has entertained parliamentary inquiries concerning the following: 

0 The anticipated order of business. Deschler-Brown Ch 31 § 14.7. 

0 The status of the Clerk’s progress in reading a document. Deschler-Brown 

Ch 31 § 14.12. 

0 The Speaker’s authority as presiding officer. Deschler-Brown Ch 29 § 2.1. 

Improper Subjects of Inquiry 

The Chair may decline to entertain an inquiry on a subject not relevant 

to the pending question. Under this principle, the Chair has declined to respond to hypothetical questions, to questions not yet presented, and to requests to place pending proceedings in a historical context. Manual § 628a. 

The Chair has declined, for example, to anticipate whether language in a 

measure would trigger certain executive actions or to allocate debate time 

on a conference report not yet filed. Similarly, the Chair has declined to 

anticipate the precedential effect of a ruling or to respond to rhetorical or 

political characterizations of pending business. 

A proper parliamentary inquiry relates to an interpretation of a House 

rule, not to an interpretation of a statute or of the Constitution. Manual 

§ 628a. A Member may not, under the guise of a parliamentary inquiry, 

offer a motion or other proposition. Members must have the floor in their 

own right for that purpose. 8 Cannon § 2625. 

In response to a parliamentary inquiry, the Chair has declined to: 

0 Judge the propriety of words spoken in debate pending a demand that those 

words be ‘‘taken down’’ as unparliamentary or judge the veracity of remarks in debate, or the propriety of words uttered earlier in debate. 

0 Reexamine and explain the validity of a prior ruling. 

0 Judge the accuracy of the content of an exhibit. 

0 Indicate which side of the aisle has failed under the Speaker’s guidelines 

to clear a unanimous-consent request. 

0 Judge the construction or meaning of an amendment, which is a matter for 

the House, and not the Chair, to determine. 

0 Characterize an amendment on which a separate vote has been demanded. 

Manual § 628a. 

680 

§ 15 HOUSE PRACTICE

As to Orders of the House 

The Chair ordinarily will not interpret a pending special order of business prior to its adoption or render other advisory opinions. For example, 

the Chair refused to respond to a parliamentary inquiry as to whether a resolution, reported from the Committee on Rules but not yet called up for consideration, would have the effect of violating the rights of Members. Questions concerning informal guidelines of the Committee on Rules for advance 

submission of amendments for possible inclusion under a special order of 

business may not be raised under the guise of a parliamentary inquiry. Manual § 628a. 

§ 15. Timeliness of Inquiry 

Generally 

The Chair may decline to respond to a parliamentary inquiry that is untimely. The Chair does not respond to a parliamentary inquiry concerning 

the propriety of a proposition until the proposition is offered. DeschlerBrown Ch 31 § 15.11. 

Inquiries Raised During Votes 

During a vote, the Chair may refuse to entertain a parliamentary inquiry 

that is not related to the vote, although an inquiry relating to the conduct 

of the call may be entertained. Manual § 628a; Deschler-Brown Ch 31 

§§ 15.14, 15.15. A parliamentary inquiry may not interrupt a division. However, such inquiries are entertained until the Chair asks those in favor of 

the proposition to rise. Deschler-Brown Ch 31 §§ 15.19, 15.20. Similarly, 

the Speaker may entertain a parliamentary inquiry after the yeas and nays 

are ordered, but before the vote. Deschler-Brown Ch 31 § 15.18. 

The Chair may decline to entertain a parliamentary inquiry as to the 

cost of conducting the pending vote on the ground that the inquiry is not 

relevant to the pending question. 103-1, June 10, 1993, p 12482. 

§ 16. As Related to Other Business 

A parliamentary inquiry may interrupt matters of high privilege, such 

as an impeachment proceeding. 6 Cannon § 541. However, during the reading of a bill for amendment, a Member is not entitled to a parliamentary 

inquiry that would interrupt the reading of a paragraph or section of the bill. 

8 Cannon § 2873. 

The reading of the Journal may be interrupted by a parliamentary inquiry. 6 Cannon § 624. Furthermore, the Speaker may entertain a parliamenVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00690 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
681 

CHAPTER 37—POINTS OF ORDER; PARLIAMENTARY INQUIRIES § 16 

tary inquiry relating to the order of business before the approval of the Journal. Deschler-Brown Ch 31 § 15.9. 

During Debate 

A Member may not be taken from the floor by a parliamentary inquiry 

but may yield for that purpose. The Chair exercises discretion in recognition 

for a parliamentary inquiry only when no other Member is occupying the 

floor for debate. Manual § 628a; Deschler-Brown Ch 31 §§ 15.1, 15.2. 

Time consumed by a parliamentary inquiry is charged to the Member 

controlling time who yields for that purpose. When the Chair recognizes a 

Member for a parliamentary inquiry when no other Member has the floor, 

the Member controlling debate is not charged for the time so consumed. 

Deschler-Brown Ch 31 § 15.4. 

683 

Chapter 38 

Postponement 

§ 1. Postponement Generally 

§ 2. Motion to Postpone to a Day Certain 

§ 3. — Precedence 

§ 4. — Application to Particular Propositions 

§ 5. — Debate and Amendment 

§ 6. Motion to Postpone Indefinitely 

§ 7. — Precedence; Application to Other Motions 

§ 8. — Debate and Amendment 

Research References 

5 Hinds §§ 5306-5318 

8 Cannon §§ 2613-2617 

Deschler Ch 23 

Manual §§ 443-453, 911, 915, 998, 1030 

§ 1. Postponement Generally 

Authority for Motion or Declaration 

Under clause 4 of rule XVI, a matter under debate may be postponed 

to a future day (or indefinitely) pursuant to a motion by any Member. Manual §§ 911, 915. A matter also may be postponed pursuant to the provisions 

of a special order of business. Deschler Ch 23 § 8.1. As adopted in the 

111th Congress, clause 1(c) of rule XIX permits the Speaker to postpone 

further consideration of certain measures on which the previous question has 

been ordered. Manual § 1000a. In some instances the postponement of the 

consideration of a particular class of legislation has been recognized in statutes that reserve to the Congress the right to review certain executive branch 

actions. See Manual § 1130; e.g., the Trade Act of 1974 (19 USC § 2192). 

For postponement relating to voting, see VOTING. 

Postponement Motions 

In the House there are two motions to postpone: (1) the motion to postpone to a day certain; and (2) the motion to postpone a matter indefinitely. 

684 

§ 2 HOUSE PRACTICE

Both types of motions are provided for by clause 4 of rule XVI. Under that 

rule the motion to postpone to a day certain takes precedence over the motion to postpone indefinitely. The rule further provides that, once decided, 

neither motion may be made again on the same day at the same stage of 

the question. Manual § 911. 

The two motions are distinguishable in several respects: 

0 The motion to postpone to a day certain takes precedence over various secondary motions in clause 4 of rule XVI, including the motions to refer 

or to amend (§ 3, infra), whereas the motion to postpone indefinitely 

yields to all those secondary motions (§ 7, infra). 

0 The motion to postpone to a day certain is debatable only within narrow 

limits (§ 5, infra), whereas debate on the motion to postpone indefinitely 

may be extended even to the merits of the pending proposition (§ 8, 

infra). 

0 The motion to postpone to a day certain merely suspends consideration of 

the pending measure until the date specified (§ 2, infra), whereas the motion to postpone indefinitely has the effect of finally disposing of the 

pending matter adversely (§ 6, infra). 

Postponement of Measures in Committee of the Whole 

The motion to postpone, either to a day certain or indefinitely, is not 

in order in the Committee of the Whole. Manual § 915; Deschler Ch 23 § 5. 

It is not in order in the House to move to postpone a bill where the bill 

is still being considered in the Committee. 4 Hinds § 4915; 8 Cannon 

§ 2436. 

Disposition of unfinished matters, see UNFINISHED BUSINESS. 

§ 2. Motion to Postpone to a Day Certain 

When in Order 

When a question is under debate, the motion to postpone to a particular 

day is provided for by clause 4 of rule XVI. Manual §§ 911, 915. The motion is in order in the House and when the House is sitting as in the Committee of the Whole. 95-1, Nov. 1, 1977, p 36351. The motion is in order 

following the reading of the pending proposition and may be offered before 

the manager of the proposition has been recognized for debate. Deschler Ch 

23 § 6.2; Deschler-Brown Ch 29 § 68.53. It is not in order after the previous 

question has been ordered on the pending matter. 5 Hinds §§ 5319-5321; 8 

Cannon §§ 2616, 2617; Deschler Ch 23 § 6.1. 

A motion to postpone to ‘‘the next legislative day’’ is construed as a 

motion to postpone to a day certain. 8 Cannon § 2657. The motion to postpone to a day certain may not specify a particular hour. 5 Hinds § 5307; 

Deschler Ch 23 § 5. It is not in order to move to postpone consideration 

685 

CHAPTER 38—POSTPONEMENT § 3 

of business to a day certain if that day is Calendar Wednesday, except by 

unanimous consent. 7 Cannon § 970; 8 Cannon § 2614. However, these 

precedents should be read in light of the current form of clause 6 of rule 

XV, which provides for Calendar Wednesday only when specifically noticed. See CALENDAR WEDNESDAY. 

Form 

MEMBER: Ml. Speaker, I move that the [further] consideration of 

lllll [the proposition] be postponed until Friday next. 

Effect of Motion 

When the House adopts a motion to postpone a measure to a day certain, the effect is to suspend consideration of the measure until the day specified in the motion. 8 Cannon § 2614. A subsequent motion providing for 

an earlier consideration of the matter is not in order. 5 Hinds § 5308. 

Application of Motion to Table 

The motion to postpone to a day certain is subject to the motion to lay 

on the table. Manual § 914. The adoption of the motion to table carries only 

the motion to postpone—not the underlying measure—to the table. 8 Cannon § 2657. 

Voting 

A motion to postpone a proposition to a day certain may be determined 

by a simple majority vote, even though the proposition itself may require 

a two-thirds vote for passage. 7 Cannon § 1112. A bill that comes before 

the House on the day scheduled for it by a special order of business likewise may be postponed by a majority vote. 4 Hinds § 3177. 

The vote on a motion to postpone a measure to a day certain is subject 

to a motion to reconsider. 5 Hinds § 5643. 

§ 3. — Precedence 

Clause 4 of rule XVI lists the motion to postpone to a day certain 

fourth among those motions available when a question is under debate. It 

follows the motions to adjourn and to lay on the table and the motion for 

the previous question, and thus the motion to postpone must yield to these 

more preferential motions. 5 Hinds § 5301; 8 Cannon § 2609. However, the 

motion to postpone to a day certain enjoys precedence over the motions to 

refer, to amend, and to postpone indefinitely. Manual § 911; 5 Hinds § 5301. 

The motion also takes precedence over the question of passing a bill vetoed 

by the President. Deschler Ch 23 § 7.1. 

686 

§ 4 HOUSE PRACTICE

§ 4. — Application to Particular Propositions 

The motion to postpone to a day certain has been applied to a wide 

variety of measures and questions, it being reasoned that otherwise the majority of the House could not exercise its will over the consideration of its 

business. 8 Cannon § 2613. However, the motion must be applied to the entire pending proposition, and not merely to a part thereof. 5 Hinds § 5306. 

The motion to postpone consideration of a matter to a day certain is 

applicable to such propositions as: 

0 A bill coming before the House pursuant to a special order of business assigning the day for its consideration. 4 Hinds § 3177. 

0 A veto message, notwithstanding the constitutional mandate that the House 

‘‘shall proceed to reconsider’’ a vetoed bill. 4 Hinds §§ 3542-3547; 7 

Cannon §§ 1101, 1105, 1112; Deschler Ch 23 § 7.1. 

0 A resolution of disapproval under certain statutes. Deschler Ch 23 § 6.3. 

0 A resolution of censure reported from the Committee on Ethics. DeschlerBrown Ch 29 § 68.53. 

0 An appeal from the decision of the Chair. 8 Cannon § 2613. 

The motion to postpone to a day certain is not applicable to: 

0 A motion to discharge a committee under clause 2 of rule XV. Deschler 

Ch 23 § 6.4. 

0 A special order of business from the Committee on Rules unless the previous question is rejected. Manual § 858; 5 Hinds § 4958. 

§ 5. — Debate and Amendment 

The motion to postpone to a day certain is subject to amendment. 5 

Hinds § 5754; 8 Cannon § 2824. It is debatable within narrow limits. 5 

Hinds § 5309. Debate is limited to the advisability of postponement only and 

may not go to the merits of the proposition to be postponed. 5 Hinds 

§§ 5310-5315; 8 Cannon § 2372; Deschler Ch 23 § 5. 

In the House a motion to postpone to a day certain is debatable for one 

hour controlled by the Member offering the motion. Deschler-Brown Ch 29 

§ 68.56. Such Member may move the previous question on the motion and, 

if adopted, thereby terminate debate and preclude amendment. Deschler Ch 

23 § 7.2. If a motion to table the motion is agreed to, debate on and amendments to the motion to postpone are precluded. 8 Cannon § 2654. 

687 

CHAPTER 38—POSTPONEMENT § 7 

§ 6. Motion to Postpone Indefinitely 

Authorization and Effect 

The motion to postpone indefinitely is provided for by clause 4 of rule 

XVI. Manual §§ 911, 915. Adoption by the House of a motion to postpone 

a measure indefinitely constitutes final adverse disposition of that measure. 

Deschler Ch 23 § 5. 

Application 

The motion to postpone indefinitely has been held not to apply to a 

veto message from the President, a ruling that would appear to be reinforced 

by the constitutional mandate that the House must ‘‘proceed to reconsider’’ 

the measure. U.S. Const. art. I, § 7; 4 Hinds § 3548. However, the motion 

has been applied to various other legislative propositions, including: 

0 A House bill with Senate amendment. 5 Hinds § 6200. 

0 A Senate bill with House amendment. 5 Hinds § 6199. 

0 A resolution of disapproval of executive actions under certain statutes. 

Deschler Ch 23 § 6.3. 

0 A resolution relating to the election of House officers. 5 Hinds § 5318. 

The motion to postpone indefinitely must be applied to the entire pending proposition and not merely to a part thereof. 5 Hinds § 5306. 

Form 

MEMBER: Ml. Speaker, I move that the [further] consideration of 

llll be postponed indefinitely. 

§ 7. — Precedence; Application to Other Motions 

In 1822 the House amended clause 4 of rule XVI to change the precedence of the motion to postpone indefinitely from its former place—immediately after the motion for the previous question—to the end of the list, 

where it remains to this day. Manual § 911. Accordingly, the motion to postpone indefinitely enjoys no precedence over the other secondary motions. 

5 Hinds § 5301; Deschler Ch 23 § 8.1 (note). Because of its less preferential 

status, the motion is seldom used in the modern practice. It has been held 

specifically inapplicable to: 

0 A motion to refer. 5 Hinds § 5317. 

0 A motion to suspend the rules. 5 Hinds § 5322. 

0 A motion to resolve into Committee of the Whole, except under a statute 

providing for consideration of a resolution of disapproval that specifically 

allows the motion to postpone. Manual § 915; 6 Cannon § 726. 

688 

§ 8 HOUSE PRACTICE

0 A motion to discharge a committee under clause 2 of rule XV. Deschler 

Ch 23 § 6.4. 

§ 8. — Debate and Amendment 

The motion to postpone indefinitely is not amendable. Deschler Ch 23 

§ 8.1 (note). However, the motion is debatable, including debate on the merits of the pending proposition. 5 Hinds § 5316. 

Debate on the motion may be precluded by statute with respect to a 

particular class of legislation. See, e.g., the Trade Act of 1974, § 152(d)(3) 

(19 USC § 2192(d)(3)). Notwithstanding such a statute, the House may permit debate on the motion by unanimous consent. 98-1, Aug. 1, 1983, pp 

21899, 21900. 

689 

Chapter 39 

Previous Question 

§ 1. In General 

§ 2. Offering the Motion 

§ 3. — When in Order; Quorum Requirements 

§ 4. — Who May Offer 

§ 5. Precedence; Interruption of Other Matters 

§ 6. — Precedence Over Other Motions 

§ 7. Scope of Motion; Application to Particular Propositions 

§ 8. Debate on Motion; Consideration and Disposition 

§ 9. Effect 

§ 10. — On Debate Generally 

§ 11. — On Divided Debate 

§ 12. — On Amendments 

§ 13. Recommittal 

§ 14. Reconsideration 

§ 15. Rejection of Motion — As Permitting Further Consideration 

§ 16. — As Affecting Recognition 

§ 17. Effect of Adjournment When Previous Question Operating 

Research References 

5 Hinds §§ 5443-5520, 5569-5604 

8 Cannon §§ 2661-2694 

Deschler Ch 23 §§ 14-24 

Manual §§ 461-463, 994-1002 

§ 1. In General 

Function and Purpose 

Clause 1 of rule XIX provides for the motion for the previous question. 

It is an essential motion in the House that is used during the consideration 

of a matter to terminate debate, foreclose the offering of amendments, and 

bring the House to an immediate vote on the main question. Manual § 994. 

It is the only motion used for this purpose in the House. 5 Hinds § 5456; 

8 Cannon § 2662. 

690 

§ 2 HOUSE PRACTICE

The import of the previous question, in Jefferson’s language, is ‘‘shall 

the main question be now put?’’ Manual § 452. If the House disagrees to 

the motion, the main question is open to further consideration and the right 

of recognition transfers to a Member who opposed the motion. §§ 15, 16, 

infra. 

The House practice in this regard is to be distinguished from that of 

the Senate, which does not admit the previous question. 8 Cannon § 2663. 

Historical Background 

In early Congresses, the previous question was used in the House for 

an entirely different purpose than it is today, having been modeled on the 

English parliamentary practice. As early as 1604, the previous question had 

been used in the Parliament to suppress a question that the majority deemed 

undesirable for further discussion or action. Manual §§ 442, 463. The Continental Congress adopted this device in 1778, but there was no intention of 

using it as a means of closing debate in order to bring the pending question 

to a vote. 5 Hinds § 5445. 

Early interpretations of the rule in the House were consistent with its 

usage in the Continental Congress. However, in 1807, the House overruled 

a holding by Speaker Varnum that the ordering of the previous question precluded all debate on the main question. As a result, debates became very 

lengthy. In 1811, the House reversed its position by once again overruling 

Speaker Varnum to provide that there could be no debate after the previous 

question was ordered, and this decision was adhered to in subsequent rulings 

by the Speaker. 5 Hinds § 5445. 

To moderate the harsh effects of the rule, seen by some as a way of 

suppressing a minority, the number required to order the previous question 

was changed from one-fifth to a majority, and a Member was given the right 

to call for 40 minutes of debate on a proposition if it had not been previously debated. 5 Hinds §§ 5445, 6821. In 1880, the rule was amended to 

permit the Speaker to entertain one motion to recommit, notwithstanding the 

ordering of the previous question. § 13, infra. 

§ 2. Offering the Motion 

Form 

The motion for the previous question may be offered by any Member 

holding the floor. It must be made in writing if demanded, but is usually 

made orally: 

MEMBER: Ml. Speaker, I move the previous question on the 

lllll [proposition]. 

691 

CHAPTER 39—PREVIOUS QUESTION § 3 

SPEAKER: The question is on ordering the previous question. 

The motion should precisely specify the scope that is intended. See § 7, 

infra. The motion for the previous question may not include a provision that 

it is to take effect at a time certain. Such a motion may not include a provision, for example, ‘‘that the previous question be considered as ordered at 

5 o’clock.’’ 5 Hinds § 5457. 

Effect of a Special Order of Business 

The ordering of the previous question on a bill may be required by language in a special order of business governing consideration of the bill. The 

rule may provide, for example: 

The previous question shall be considered as ordered on the bill and 

on any amendment thereto to final passage without intervening motion except: (1) one hour of debate on the bill equally divided and controlled by 

the chair and ranking minority member of the Committee on House Administration; and (2) one motion to recommit with or without instructions. 

When the House is operating under such a rule, the Chair states that 

‘‘under the rule, the previous question is ordered,’’ and a motion for the 

previous question from the floor is unnecessary. 7 Cannon § 776. Such a 

rule prohibits intervening motions, such as a motion to adjourn. Manual 

§ 912; Deschler-Brown-Johnson Ch 40 § 3.4. 

§ 3. — When in Order; Quorum Requirements 

The previous question is one of those motions that is in order under 

clause 4 of rule XVI ‘‘when a question is under debate.’’ As it is considered 

a fundamental rule of parliamentary procedure, it also is in order even before the rules of the House have been adopted. Deschler Ch 23 § 14.1. 

The motion for the previous question is in order in the House and in 

the House as in the Committee of the Whole. Manual § 994; 5 Hinds 

§ 5456; 6 Cannon § 639; 8 Cannon § 2662; Deschler Ch 23 § 14.10. The motion is not in order in the Committee of the Whole but may be moved in 

the House on an amendment reported from the Committee of the Whole. 

4 Hinds § 4716; Deschler Ch 23 §§ 14.8, 14.9. 

The previous question is ordered by a majority of those voting, a 

quorum being present. However, less than a quorum may order the previous 

question on a motion incident to a call of the House. 5 Hinds § 5458. 

692 

§ 4 HOUSE PRACTICE

§ 4. — Who May Offer 

During Debate in the House 

The Member in charge of a pending measure has the prior right to recognition and may move the previous question at any time during the hour 

allotted to such Member and thereby cut off debate. 8 Cannon § 3231. The 

Member in charge may move the previous question upon regaining the floor 

after having yielded to another Member ‘‘for debate only.’’ 8 Cannon 

§ 2682. Other Members may not interpose the previous question during such 

time as the Member in charge is holding the floor, even though the Member 

in charge may not yet have begun to speak. Manual § 997; 2 Hinds § 1458. 

However, if the Member in charge of the pending measure does not move 

the previous question and loses the floor, any Member having the floor may 

so move. 5 Hinds § 5475. This is so even though the effect of moving the 

previous question may be to deprive the Member in charge of control of 

the measure. Manual § 997; 5 Hinds § 5476; 8 Cannon § 2685. If no Member moves the previous question after the expiration of the hour allotted to 

such Member, another Member may be recognized for a successive hour 

under the hour rule. Deschler-Brown Ch 29 § 67.13; 105-2, Dec. 18, 1998, 

p 27838. 

Where time for debate in the House is equally divided and controlled 

by the majority and the minority, or between those in favor and those opposed, the previous question may not be moved until the other side has used 

or yielded back its time. The Chair may vacate the ordering of the previous 

question where it was improperly moved while the other side was still controlling time. Manual § 997. 

Proponent of Amendment 

A Member managing consideration of a measure may offer an amendment to the pending measure and move the previous question on the amendment and on the pending measure. Manual § 996. Although the previous 

question takes precedence over a motion to amend, the proponent of an 

amendment, having been recognized for debate after offering the amendment, may not be taken from the floor by another Member who seeks to 

move the previous question. Deschler Ch 23 § 20.7; § 6, infra. This rule is 

followed even though the amendment offered is merely a pro forma amendment. 92-2, May 8, 1972, pp 16154, 16157. However, a Member offering 

a preferential motion to dispose of a Senate amendment may not move the 

previous question on that motion as against the right of the Member in 

charge to the floor. 2 Hinds § 1459. 

693 

CHAPTER 39—PREVIOUS QUESTION § 5 

Effect of Yielding 

A Member in charge of a pending measure may yield time to others 

for debate only and still retain the right to resume debate or move the previous question. 8 Cannon § 3383. However, where the Member in charge 

yields to another Member to offer an amendment to the measure, the first 

Member loses the floor and the Member offering the amendment is recognized for one hour and may move the previous question on the amendment 

and on the measure itself. Deschler-Brown Ch 29 § 33.9. In other words, 

the Member controlling the time may not yield to another Member to offer 

an amendment without losing the right to move the previous question. 

Deschler Ch 23 § 16.2. However, the Member so yielding may move the 

previous question on the pending measure following disposition of the 

amendment where the proponent of the amendment has not done so and 

where no other Member seeks recognition. Deschler Ch 23 §§ 16.3-16.5. 

Under clause 4 of rule XVI, the motion for the previous question takes 

precedence, and may be offered by any Member, over an amendment offered by either the Member in charge of a pending measure or a second 

Member who was yielded time by the Member in charge. Manual § 997; 

Deschler Ch 23 §§ 14, 18.3. 

§ 5. Precedence; Interruption of Other Matters 

Generally 

The motion for the previous question has the precedence given it by 

clause 4 of rule XVI. The Chair, having recognized a Member in charge 

of a bill for the motion for the previous question, may not recognize another 

Member to rise to a question of personal privilege. Deschler Ch 23 § 17.2. 

However, a message from the Senate, the administration of the oath, or the 

presentation of a conference report is in order, notwithstanding that the previous question has been moved or ordered on a pending proposition. 5 

Hinds § 6449; Deschler Ch 23 §§ 19.3, 19.4. 

A measure on which the previous question has been ordered takes precedence over a special order of business from the Committee on Rules, even 

if the special order provides for the immediate consideration of certain business. 5 Hinds § 5520. 

Suspension of the Rules 

The motion to suspend the rules may be entertained after the previous 

question has been moved and is admitted at the Speaker’s discretion, notwithstanding the ordering of the previous question on a pending measure. 

Manual § 887; 5 Hinds §§ 6827, 6831-6833; 8 Cannon § 3418. 

694 

§ 6 HOUSE PRACTICE

§ 6. — Precedence Over Other Motions 

Generally 

Under clause 4 of rule XVI, the motion for the previous question is listed third in the order of precedence after the motions to adjourn and to lay 

on the table. As such, the previous question has precedence over the motions to postpone, to refer, or to amend. Manual § 911; 5 Hinds § 5301; 

Deschler Ch 23 § 20.7. A Member making the motion also has priority over 

another Member seeking recognition for debate. Deschler Ch 23 § 19.1. 

The Member in charge of a proposition and having the floor may demand the previous question, notwithstanding that another Member proposes 

a motion of higher privilege. However, the motion of higher privilege must 

be put before the question is put on the previous question. Manual § 997; 

5 Hinds § 5480; 8 Cannon § 2684; Deschler Ch 23 § 16.6. A Member having 

the floor may not exclude a privileged motion simply by offering a motion 

of lower privilege and demanding the previous question thereon. 8 Cannon 

§ 2609. 

Adjournment 

Under clause 4 of rule XVI, the motion to adjourn takes precedence 

over the motion for the previous question. Manual § 911; Deschler-BrownJohnson Ch 40 § 3. However, a motion to adjourn is not in order after the 

previous question has been ordered on a bill to final passage under a special 

order of business prohibiting any intervening motion. Manual § 1002; 4 

Hinds §§ 3211-3213; Deschler-Brown-Johnson Ch 40 § 3.4. 

Lay on the Table 

Under clause 4 of rule XVI, the motion to lay the pending proposition 

on the table takes precedence over the motion for the previous question. 

Manual § 911; 8 Cannon §§ 2658, 2660. However, the motion to table may 

not be applied to the motion for the previous question itself. 5 Hinds 

§§ 5410, 5411. The motion to table is not in order after the previous question is ordered, or even after the yeas and nays are ordered on the demand 

for the previous question. 5 Hinds §§ 5408, 5409, 5415-5422. A motion to 

table a motion to recommit is not in order after the previous question has 

been ordered on a bill to final passage under a special order of business 

prohibiting any intervening motion. Manual § 1002a. 

Although the motion for the previous question yields to the motion to 

table, if the motion to table is rejected, the question recurs on the motion 

for the previous question that was pending when the motion to table was 

offered. Deschler Ch 23 § 20.1. 

695 

CHAPTER 39—PREVIOUS QUESTION § 7 

Referral or Recommittal 

The previous question may be moved on a proposition while a motion 

to refer it is pending. 8 Cannon § 2678. However, the rule authorizing the 

motion to recommit (or commit) specifically permits the use of that motion 

after the previous question has been moved or ordered. Manual § 1001; see 

also § 13, infra. 

Motions to Amend 

The motion for the previous question takes precedence over the motion 

to amend. Deschler Ch 23 § 20.2. Thus, the motion for the previous question 

takes precedence over an amendment to, for example, a motion to recommit 

or a motion to instruct conferees. Deschler Ch 23 §§ 20.4, 20.5. If the motion for the previous question is voted down, the pending measure is subject 

to amendment. 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 § 20.3. 

A Member, having obtained the floor to offer a preferential motion to 

dispose of a Senate amendment in disagreement, may not move the previous 

question on that preferential motion to the end that the Member in charge 

of the pending proposition is denied recognition for debate. Manual § 997; 

2 Hinds § 1459. 

§ 7. Scope of Motion; Application to Particular Propositions 

Generally 

Under clause 1 of rule XIX, the previous question may be moved and 

ordered on a single question, on a series of questions allowable under the 

rules, or on an amendment or amendments, or may embrace all authorized 

motions or amendments and include the bill or resolution to its passage, 

adoption, or rejection. Manual § 994. The motion should precisely specify 

the scope that is intended. However, where, during the consideration of a 

bill, a Member states merely ‘‘I move the previous question,’’ without 

specifying the question to be voted on, the Speaker construes it as a motion 

for the previous question on the bill to final passage and as applicable to 

all intervening questions. 8 Cannon §§ 2673, 2674. When a series of questions are pending, and the previous question is moved without specifying 

the precise object of the motion, the Chair will apply the motion to all questions then pending in a related set. Deschler Ch 23 § 14.2. However, the 

Chair may apply an unqualified motion for the previous question on a divided question to only one portion thereof. 8 Cannon § 2676. 

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§ 7 HOUSE PRACTICE

The motion for the previous question is generally applicable to any 

pending measure or motion that is subject to debate or amendment (Manual 

§ 996) and has been held specifically applicable to: 

0 A proposition and a pending motion to refer the proposition to a committee. 5 Hinds § 5466; 8 Cannon § 2678. 

0 A pending resolution and an amendment thereto. Manual § 996. 

0 A question of approval of the Journal. Deschler Ch 23 § 14.6. 

0 A private bill under consideration during the call of the Private Calendar. 

Deschler Ch 23 § 14.5. 

0 A question of agreeing to a report of the Committee of the Whole that the 

enacting clause be stricken. 5 Hinds § 5342. 

0 A resolution to elect Members to committees. 8 Cannon § 2174. 

0 Certain amendments to a bill (leaving the remaining amendments open to 

debate and further amendment). 8 Cannon § 2679. 

0 All amendments to a bill other than a particular amendment. Deschler Ch 

23 § 15.17. 

0 A substitute amendment. 5 Hinds § 5472. 

0 A question of privilege, including one involving censure of a Member or 

impeachment. 2 Hinds § 1256; 5 Hinds § 5460; 8 Cannon § 2672. 

0 A motion to limit debate pending a motion to go into the Committee of 

the Whole. 5 Hinds §§ 5203, 5473. 

0 A motion to postpone a matter to a day certain. Deschler Ch 23 § 18.2. 

The previous question is not applicable to: 

0 A proposition that is not subject to debate or amendment or that is being 

considered under a procedure that precludes debate or intervening motions. 4 Hinds § 3077; Deschler Ch 23 § 14.12. 

0 A proposition against which a point of order is pending. 8 Cannon §§ 2681, 

3433. 

0 A portion of a bill, including a single section. Manual § 996; 4 Hinds 

§ 4930. 

0 More than one bill at a time (except by unanimous consent). 5 Hinds 

§§ 5461-5464. 

0 A measure being considered under a motion to suspend the rules. Deschler 

Ch 23 § 14.11. 

Titles and Preambles 

The rules of the House permit an amendment to the title of a bill after 

its passage. Manual § 922. The ordering of the previous question on a pending resolution does not cover the title or the preamble thereto unless the proponent of the motion so specifies. A motion to order the previous question 

on the preamble is in order following the vote on the resolution. 5 Hinds 

§ 5469 (note 2); Deschler Ch 23 §§ 14.7, 18.4. However, the motion for the 

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CHAPTER 39—PREVIOUS QUESTION § 8 

previous question may be applied at once to both a resolution and its preamble. Manual § 1002c. 

Senate Amendments; Conference Reports 

The previous question may be applied to a motion to dispose of a Senate amendment in disagreement, such as a motion to recede. Deschler Ch 

23 § 15.6. However, a simple motion for the previous question applies to 

the immediate pending proposition only and not to other pending questions. 

8 Cannon § 2676; but see Deschler Ch 23 § 14.2. Similarly, a motion for 

the previous question may not be applied to a question on agreeing both 

to a conference report and to a motion to ask for a further conference on 

amendments not included in the report. 5 Hinds § 5465. Likewise, when the 

previous question is ordered on a motion to send a matter to conference, 

it applies to that motion alone and does not extend to a subsequent motion 

to instruct conferees. 8 Cannon § 2675. 

Incidental Questions 

The previous question covers the main proposition but does not apply 

to questions that arise after the previous question has been ordered and that 

are merely incidental thereto. 8 Cannon § 2687. Thus, in one instance, it was 

held that the previous question applied to certain resolutions but not to the 

question of whether certain Members should be excused from voting thereon. 5 Hinds § 5467. 

§ 8. Debate on Motion; Consideration and Disposition 

Generally 

The motion for the previous question is not debatable. Manual § 911; 

5 Hinds § 5301; Deschler Ch 23 § 21.1. The motion cannot be amended. 

Manual § 452; 5 Hinds § 5754. It is not subject to a motion to table, and 

it cannot be postponed. Manual §§ 451, 998; 5 Hinds §§ 5322, 5410, 5411. 

Jefferson wrote, ‘‘to change it to tomorrow, or any other moment is without 

example and without utility.’’ Manual § 452. Indeed, he felt that it would 

be ‘‘absurd’’ to postpone the previous question, it being his view that the 

same result could be had simply by voting against the previous question. 

Manual § 451. 

Voting 

The motion for the previous question is determined by a simple majority vote, and may be ordered by less than a quorum on a motion incident 

to a call of the House. 5 Hinds § 5458. A motion for the previous question 

on an amendment to a measure and on the measure is not divisible so as 

698 

§ 9 HOUSE PRACTICE

to obtain separate votes on ordering the previous question on the two propositions. Manual § 996; Deschler Ch 23 § 14.3. When the previous question 

is ordered on an amendment as well as the main proposition to which it 

is offered, the vote is taken first on the amendment and then immediately 

on the proposition. Deschler Ch 23 § 15.12. An order for the previous question does not preclude a demand for a division of the question and for a 

separate vote on distinct substantive propositions, such as a series of resolutions. 5 Hinds § 6149; 8 Cannon § 3173. 

Withdrawal of Motion; Renewal 

A Member may withdraw a motion for the previous question if the 

House has not acted thereon, and any Member entitled to the floor thereafter 

may renew that motion. 8 Cannon § 2683. If the House acts on the motion 

and rejects it, the motion nevertheless may be renewed after debate or other 

intervening business. Deschler Ch 23 §§ 14.4, 22.17. 

Vacating the Ordering of the Previous Question 

The action of the House in ordering the previous question is subject to 

the motion to reconsider. Manual § 1006; 5 Hinds § 5655; see § 14, infra. 

The ordering of the previous question also may be vacated by unanimous 

consent. 95-1, Oct. 6, 1977, p 32600. Thus, in one instance, unanimous consent was granted to permit the consideration of an amendment to a measure, 

even though the previous question was operating on the measure. Deschler 

Ch 23 § 14.13. The Chair has also vacated the ordering of the previous 

question when it was improperly moved while the other side was still controlling time. Manual § 997. 

§ 9. Effect 

Generally; As Precluding Further Consideration 

Except as discussed in sections 13 and 14, infra, the adoption of the 

motion for the previous question stops all debate, precludes the offering of 

amendments, and brings the House to an immediate vote on the pending 

matter. 5 Hinds § 5321; Deschler Ch 23 §§ 15, 15.17. It cannot be modified, 

corrected, or changed, except by unanimous consent. 5 Hinds §§ 5482, 5485. 

A point of order against the pending matter on which the previous question 

has been ordered may be overruled as untimely. Deschler Ch 23 § 15.21. 

A motion ordinarily cannot be withdrawn once the previous question has 

been also moved on it. Manual § 905; 5 Hinds §§ 5355, 5489. 

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CHAPTER 39—PREVIOUS QUESTION § 10 

As Precluding Other Motions 

With the exception of the motions to reconsider or to recommit (§§ 13, 

14, infra), the ordering of the previous question precludes the application 

of various motions to dispose of the pending matter, including the motion 

to table (5 Hinds §§ 5412-5422; 8 Cannon § 2655), the motion to postpone 

(5 Hinds §§ 5319-5321; 8 Cannon §§ 2609, 2616, 2617), and a motion in 

the House to strike the enacting clause (Deschler Ch 23 § 15.13). 

§ 10. — On Debate Generally 

Effect of Demand 

After the previous question has been moved on a proposition, no further 

debate on it is in order unless the previous question is rejected. Deschler 

Ch 23 § 15.1. All incidental questions, including ordinary questions of order, 

are likewise decided without debate. Manual § 1000; 5 Hinds §§ 5448, 5449. 

However, under the present practice, the Chair may recognize and respond 

to a parliamentary inquiry although the previous question may have been 

demanded. Manual § 1000. The demand precludes further debate on the 

question of overriding a Presidential veto. Deschler Ch 23 § 15.2. 

Effect of Adoption 

The ordering of the previous question on a proposition under debate has 

the effect of terminating that debate. 5 Hinds §§ 5443, 5444; 8 Cannon 

§ 2662. The reading of a report or other paper, being in the nature of debate, 

is not in order thereafter. 5 Hinds §§ 5294, 5296. The proponent’s right to 

close debate is likewise precluded. 5 Hinds §§ 4997-5000. Propositions on 

which pending debate has been terminated by the motion include: an amendment offered to a resolution reported by the Committee on Rules (Deschler 

Ch 23 § 15.10), an amendment in the nature of a substitute (Deschler Ch 

23 § 15.11), and a motion to dispose of an amendment in disagreement between the Houses (Deschler Ch 23 § 15.8). However, a question involving 

the privileges of the House, subject to proper notice under rule IX, may 

have precedence over a pending proposition notwithstanding the ordering of 

the previous question, unless the previous question has been ordered without 

intervening motion (3 Hinds § 2532) or an explicit prohibition against dilatory motions is applicable. 

Effect of a Special Order of Business Ordering the Previous Question 

A special order of business governing consideration of a matter may 

order the previous question to adoption or passage without intervening motion (often excepting one motion to recommit). Such a resolution nevertheVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00709 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 11 HOUSE PRACTICE

less would permit debate for 10 minutes on the motion to recommit a bill 

or joint resolution with instructions (Manual § 1001; Deschler Ch 23 

§ 15.15) but would preclude a motion to postpone or a motion to adjourn 

during pendency of the matter (Manual § 1002; 4 Hinds §§ 3211-3213). Alternatively, a special order of business that orders the previous question after 

debate may permit an intervening motion during debate, such as the motion 

to postpone. 96-2, Mar. 12, 1980, p 5388. In addition, such a rule enables 

the Speaker to postpone further proceedings at any time during consideration 

of the underlying measure pursuant to clause 1(c) of rule XIX. 

§ 11. — On Divided Debate 

Generally 

When debate is divided by rule, or by the manager yielding control of 

time, the previous question may not be moved until the other side has used 

or yielded back its time. Manual § 997. 

Forty-minute Debate 

An exception to the rule that the previous question cuts off debate is 

found in clause 1 of rule XIX. It allows 40 minutes of debate where the 

previous question is ordered on a debatable proposition that in fact has not 

been debated. Manual § 999. This rule was adopted in 1880 to prevent passing measures without a word of debate, a frequent practice before that time. 

5 Hinds § 6821. The right to 40 minutes of debate accrues only if the previous question is ordered, not merely moved. Deschler Ch 23 § 21.4. However, the 40 minutes of debate must be demanded before the House begins 

to vote on the main question. 5 Hinds § 5496. 

Debate under the 40-minute rule is divided between the proponent of 

the pending proposition and an opponent. Deschler Ch 23 § 21.2. 

If there has been any debate at all on the merits of the pending proposition before the ordering of the previous question, the 40 minutes of debate 

permitted by the rule cannot be claimed. 5 Hinds §§ 5499-5502. That time 

may not be demanded on a proposition that has been debated in the Committee of the Whole. 5 Hinds § 5505. The 40-minute rule does not apply 

to propositions that are themselves not debatable, such as a motion to close 

debate. 8 Cannon §§ 2555, 2690; Deschler Ch 23 § 21.7. The ordering of 

the previous question without debate by a special order of business resolution (not by motion) also would trigger the 40-minute rule. 103-2, July 29, 

1994, pp 18611, 18615. 

The word ‘‘question’’ in the 40-minute rule refers to the main question 

and does not refer to incidental motions, such as a motion to recommit a 

701 

CHAPTER 39—PREVIOUS QUESTION § 12 

bill. 5 Hinds § 5497. ‘‘Debate’’ means debate on the main question and not 

on something incidentally connected therewith, such as a concurrent resolution correcting an error in the section numbers of the bill. 5 Hinds § 5508. 

Debate on a failed suspension constitutes ‘‘debate’’ such that moving the 

previous question on the bill without debate at a later time would not trigger 

the 40-minute rule. 5 Hinds §§ 5506, 5508. 

The 40 minutes of debate may be claimed where the previous question 

has been ordered on an amendment that has not been debated either in the 

House or in the Committee of the Whole. 5 Hinds § 5503. However, the 

40 minutes of debate may not be claimed with respect to an undebated 

amendment if the previous question was ordered both on the undebated 

amendment and the main proposition and the main proposition was debated. 

5 Hinds § 5504. 

The 40-minute rule does not apply at the inception of a Congress before 

the adoption of rules. 5 Hinds § 5509; Deschler Ch 23 § 21.6. 

§ 12. — On Amendments 

The previous question is an essential tool of the proponent of a proposition. After the previous question has been moved on a proposition, it is 

not subject to further amendment unless the motion is rejected by the House. 

Deschler Ch 23 § 15.5. If the previous question is ordered, no further 

amendments to the proposition are in order except for an amendment proposed in a motion to recommit with instructions. 8 Cannon § 3231; Deschler 

Ch 23 § 15.7; § 13, infra. Ordering the previous question precludes amendment to a special order of business reported by the Committee on Rules or 

to a motion to recommit with instructions. 8 Cannon §§ 2698, 2712, 3241; 

Deschler Ch 23 § 15.14. 

Ordering the previous question on a proposition precludes amendments 

even if the question is not subject to debate. 5 Hinds §§ 5473, 5490. For 

example, the previous question may be applied in the House to the nondebatable motion to recommit in order to prevent amendment. Manual 

§ 996. 

Although unanimous consent may be granted for the consideration of 

an amendment even though the previous question has been ordered, the 

Speaker may decline to entertain unanimous-consent requests for that purpose. Deschler Ch 23 §§ 14.13, 15.18. 

The motion for the previous question is not used in the Committee of 

the Whole. However, it is applicable to the work product that the Committee 

reports to the House. Where the previous question is ordered on some 

amendments reported from the Committee of the Whole, they must be disVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00711 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
702 

§ 13 HOUSE PRACTICE

posed of before further consideration of the remaining amendments. Deschler Ch 23 § 15.19. 

Amendments also are precluded where the House is operating pursuant 

to a special order of business providing that the previous question is ‘‘considered as ordered.’’ Deschler Ch 23 §§ 15.15, 15.16. 

§ 13. Recommittal 

Generally 

Clause 2 of rule XIX permits a motion to recommit (or commit) the 

pending measure to a committee either pending the motion for or after the 

ordering of the previous question. Manual § 1001. This provision was adopted in 1880 to afford ‘‘the amplest opportunity to test the sense of the House 

as to whether or not the bill is in the exact form it desires.’’ 5 Hinds § 5443; 

see REFER AND RECOMMIT. 

Amendment and Debate 

Contrary to the early practice, the opponents of the bill are given priority in recognition to move to recommit it to a committee. Manual §§ 1001, 

1002; 2 Hinds § 1456. The motion to recommit under this rule may be 

amended, as by adding instructions, unless such amendment is precluded by 

moving the previous question on the motion. 5 Hinds §§ 5582-5584; 8 Cannon § 2695. 

A motion to recommit with instructions commonly provides that the 

committee report ‘‘forthwith.’’ If the motion is adopted, the committee chair 

immediately reports to the House in conformity with the instructions; and 

the bill, as modified, is automatically before the House again. The House 

then votes separately on the amendments, which are not subject to further 

amendment if the previous question has been ordered on the bill to passage. 

The previous question, when ordered on the bill, continues in force until disposition of the bill and is not vitiated by its recommitment. Thus, where 

the previous question is moved on a resolution and an amendment thereto, 

and the House orders it recommitted with instructions to report with an 

amendment forthwith, the previous question remains operative to bar a subsequent amendment. 8 Cannon § 2677. 

§ 14. Reconsideration 

The vote on ordering the previous question on a measure is subject to 

the motion to reconsider. 5 Hinds § 5655. However, a motion to reconsider 

that vote may not be entertained if the House has partially executed that 

order, as by voting on an amendment. 5 Hinds §§ 5653, 5654. The vote orVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00712 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
703 

CHAPTER 39—PREVIOUS QUESTION § 16 

dering the previous question on a special order of business reported from 

the Committee on Rules may be reconsidered and such reconsideration is 

not dilatory under clause 6(b) of rule XIII. Manual §§ 858, 1006; see also 

RECONSIDERATION. 

A motion to reconsider a vote on a proposition may be made after the 

previous question has been demanded on the proposition or even after it has 

been ordered and while it is operating. Manual § 1005; 5 Hinds §§ 5656- 

5662. Under the modern practice, where the House votes to reconsider a 

proposition on which the previous question was operating when first voted 

on, no debate is in order except by unanimous consent. Deschler-Brown Ch 

29 § 6.51. 

§ 15. Rejection of Motion—As Permitting Further Consideration 

Generally 

The defeat of the motion for the previous question on a pending proposition ordinarily opens up that proposition to further consideration, amendment, and debate. Deschler Ch 23 §§ 22.1-22.5. However, the rejection of 

the motion for the previous question on a measure that is not subject to 

amendment, such as a conference report, does not open the measure to 

amendment but only extends the time for debate thereon. Deschler Ch 23 

§ 22.15. Similarly, if a pending proposition is not debatable, but is vulnerable to an amendment, the defeat of the previous question does not provide 

time for debate but only the opportunity for amendment. Deschler Ch 23 

§ 22.8. 

Motions 

The rejection of the previous question can open a motion to further 

amendment. Examples include motions to instruct conferees, to recede and 

concur in a Senate amendment, to recommit a bill with instructions, and to 

recommit a conference report. Deschler Ch 23 §§ 22.12, 22.13, 22.16. 

§ 16. — As Affecting Recognition 

If the previous question is voted down on a proposition, recognition 

passes to an opponent of the motion for the previous question. Deschler Ch 

23 §§ 23.1, 23.5. Thus, the previous question on a resolution being voted 

down, the Speaker may recognize a Member who led that effort, who may 

offer an amendment and be recognized for one hour. Deschler Ch 23 

§§ 23.2, 23.5. However, recognition of such Member could be preempted by 

another Member with a preferential motion, such as the motion to lay on 

the table. Manual § 954. The recognition of the Member is not precluded 

704 

§ 17 HOUSE PRACTICE

by the fact that such Member has been previously recognized to offer an 

amendment. Deschler Ch 23 § 23.4. 

The practice of bestowing recognition on a Member leading the opposition upon rejection of the previous question is applied to a resolution from 

the Committee on Rules, to a motion to instruct conferees, and to a motion 

to recommit. Deschler Ch 23 §§ 23.6, 23.7; 107-2, Feb. 27, 2002, pp 2080- 

2085. 

In recognizing one of the leaders of the opposition when the previous 

question is rejected, the Chair may give preference to a Member of the minority who was actively opposed to ordering the previous question. Deschler 

Ch 23 § 23.1. However, where no minority Member so qualified seeks recognition, a majority Member who opposed the previous question on the 

pending proposition may be recognized. Deschler Ch 23 § 23.8. 

§ 17. Effect of Adjournment When Previous Question Operating 

If the House adjourns without voting on a proposition on which the previous question has been ordered, the question becomes unfinished business 

on the next legislative day. 8 Cannon §§ 2693, 2694; Deschler Ch 23 

§§ 15.22, 24.2. The proposition is taken up as unfinished business immediately after disposal of business on the Speaker’s table. 5 Hinds §§ 5510- 

5517; 8 Cannon § 2674; Deschler Ch 23 § 24.2. Multiple bills coming over 

from a previous day with the previous question ordered thereon have precedence in the order in which the several motions for the previous question 

were made. 5 Hinds § 5518. A proposition coming over from the preceding 

day with the previous question ordered thereon has been held to take precedence over a motion for the disposition of a veto message from the President and to take precedence over a motion to go into the Committee of the 

Whole for the consideration of a bill privileged by special order of business. 

8 Cannon §§ 2674, 2693; see generally UNFINISHED BUSINESS. 

705 

Chapter 40 

Private Calendar 

§ 1. In General 

§ 2. Calling the Calendar; When in Order 

§ 3. Waivers; Dispensing with the Call 

§ 4. Objections; Screening Procedures 

§ 5. Consideration and Debate 

§ 6. Omnibus Private Bills 

§ 7. Disposition of Unfinished Business 

§ 8. House-Senate Action on Private Bills 

Research References 

4 Hinds §§ 3266-3303 

7 Cannon §§ 846-871 

Deschler Ch 22 §§ 10-14 

Manual §§ 895-897 

§ 1. In General 

Usage and Purpose; Referrals to the Calendar 

The Private Calendar is used to facilitate the consideration of bills that 

are limited in their applicability to particular individuals or entities. Deschler 

Ch 22 § 10. 

A formal calendar for private bills was established by rule during the 

62d Congress. Before that time, private bills had been considered pursuant 

to special orders of business from the Committee on Rules. Manual § 896. 

Today, private bills when favorably reported are delivered to the Clerk for 

reference to the Private Calendar under the direction of the Speaker. Manual 

§§ 828, 831. The Speaker may correct the erroneous referral of a private bill 

to the Union Calendar or that of a public bill to the Private Calendar. Manual § 828; 7 Cannon § 859. 

Generally, the Private Calendar and unanimous-consent requests are the 

exclusive procedures for consideration of private bills. The Speaker does not 

schedule them under suspension of the rules. 

Measures Eligible 

Resolutions and bills may be considered pursuant to the Private Calendar rule. Clause 5 of rule XV. The use of omnibus private bills—that is, 

706 

§ 2 HOUSE PRACTICE

the consolidation into one bill of numerous private bills that have been objected to by two or more Members when first called on the calendar—has 

been permitted under the rules since 1935. Manual § 895. The validity of 

this consolidation procedure has been sustained. Deschler Ch 22 § 13.1. See 

also § 6, infra. 

Clause 4 of rule XII prohibits the introduction of certain private bills. 

See BILLS AND RESOLUTIONS. 

§ 2. Calling the Calendar; When in Order 

The Private Calendar is called up on the first and third Tuesdays of the 

month after the disposal of ‘‘such business on the Speaker’s table as requires reference only. . . .’’ Manual § 895. The calling of the calendar is 

mandatory on the first Tuesday unless specifically dispensed with by the 

House and, within the Speaker’s discretion, on the third Tuesday. Deschler 

Ch 22 § 11. 

On the first Tuesday of the month, after disposition of matters requiring 

referral but before beginning the call, the Speaker has recognized a Member 

to call up a conference report (Deschler Ch 22 § 11.12), for a motion for 

a call of the House (100-1, July 8, 1987, p 18972), and for a unanimousconsent request (Deschler Ch 22 § 11). 

The call has been entertained before the Speaker recognized for a privileged motion to discharge a committee from a resolution of inquiry (Deschler Ch 24 § 8.7) and before the consideration of a veto message carried over 

as unfinished business (94-1, Oct. 7, 1975, pp 32036-41). 

On the third Tuesday, because the call is discretionary, the Speaker may 

entertain a unanimous-consent request for business not otherwise privileged, 

and the call does not displace other privileged business. Deschler Ch 22 

§ 11.3. 

§ 3. Waivers; Dispensing with the Call 

Deviations from the Private Calendar rule have been permitted by special order of business or by unanimous consent. By such means the House 

may: 

0 Permit a private bill to be considered at a time other than that specified 

by the rule. Deschler Ch 22 §§ 11.5-11.7. 

0 Transfer the entire calendar to days other than those specified. Deschler Ch 

22 § 11.8. 

0 Dispense with the calendar altogether during a particular week. Deschler 

Ch 22 § 4.2. 

0 Take up other specified business during the time for the call of the calendar. Deschler Ch 22 § 11.11. 

707 

CHAPTER 40—PRIVATE CALENDAR § 4 

0 Recommit a private bill on the calendar to committee. Deschler Ch 22 

§ 12.7. 

0 Restore to the calendar measures stricken therefrom. Deschler Ch 22 

§§ 12.13-12.15. 

0 Rescind actions previously taken in connection with the calendar. Deschler 

Ch 22 §§ 12.16, 12.17. 

Clause 5 of rule XV specifically provides for a privileged motion to 

dispense with all or part of the call of the Private Calendar by a two-thirds 

vote. Manual § 895; Deschler Ch 22 § 11.1. The motion is debatable for 10 

minutes, divided between the proponent and an opponent of the motion. 

Manual § 895. 

§ 4. Objections; Screening Procedures 

Under clause 5 of rule XV, a bill called on the Private Calendar on 

the first Tuesday of the month that is objected to by two or more Members 

is automatically recommitted to the committee reporting it. On the third 

Tuesday of each month the same procedure is followed, with the exception 

that omnibus private bills are in order regardless of any objection. See § 6, 

infra. 

By tradition, the Majority Leader and the Minority Leader each appoint 

three Members to serve as Private Calendar ‘‘objectors’’ during a Congress. 

Deschler Ch 22 § 15.3. These official objectors screen all bills that are 

placed on the calendar. When the calendar is called, the objectors may oppose or delay the consideration of any private bill that they feel is objectionable for any reason. The objectors may adopt and announce specific criteria 

that must be satisfied if a private bill is to be called up for consideration 

on the calendar. Manual § 896. For example, the objectors may require that 

a measure be on the calendar for at least seven days before being considered. Deschler Ch 22 § 12.1; 112-1, Mar. 31, 2011, p ll. 

Form 

SPEAKER: This is the day for the call of the Private Calendar. The Clerk 

will call the first bill on the Private Calendar. 

[The Clerk calls the first bill by calendar number and title.] 

SPEAKER: Is there objection to the consideration of the bill?. . .The 

Chair hears none. The Clerk will report the committee amendments. [The 

Clerk reads the amendments.] 

SPEAKER: Without objection, the amendments are agreed to, the House 

bill is engrossed, read a third time and passed, and a motion to reconsider 

is laid on the table. 

[Or] 

(If at least two Members object) SPEAKER: Two objections are heard, 

and the bill is recommitted. 

708 

§ 5 HOUSE PRACTICE

§ 5. Consideration and Debate 

Bills 

The Speaker may not entertain a reservation of the right to object to 

the consideration of a bill or resolution on the Private Calendar. Manual 

§ 895. Bills called up from the Private Calendar are considered in the House 

as in the Committee of the Whole. Debate on bills in that forum is under 

the five-minute rule. However, where a private bill is considered independently of the calendar, pursuant to a special order of business from the Committee on Rules, the House may provide for consideration in the House or 

in the Committee of the Whole. Deschler Ch 22 § 11.5. If a private bill is 

being considered in the House by unanimous consent, debate follows the 

hour rule. Deschler Ch 22 § 13.6. 

Amendments 

Debate on amendments to bills called on the Private Calendar is limited 

to five minutes in favor of and five minutes in opposition to an amendment. 

Recognition in opposition to such an amendment goes first to a member of 

the committee reporting the bill. Deschler Ch 22 § 13.2. Recognition of 

Members seeking to extend the debate time ordinarily will be declined. 

Deschler Ch 22 §§ 13.4, 13.5. Pro forma amendments are not in order. 

Deschler Ch 22 §§ 13.13-13.17. 

Motions to Strike the Enacting Clause 

A motion to strike the enacting clause is in order during the consideration of a private bill, including an omnibus private bill. 8 Cannon § 2786; 

Deschler Ch 22 § 13.10. Such motion takes precedence over an amendment 

to strike a title of the bill and is debatable under the five-minute rule. 

Deschler Ch 22 §§ 13.11, 13.12. 

Passing Over Calendared Measures 

The House by unanimous consent may provide that a bill on the Private 

Calendar be passed over without prejudice. Deschler Ch 22 §§ 12.4-12.6. 

Such a bill retains its place on the calendar. A request that the bill be passed 

over comes too late after committee amendments to the bill have been 

adopted. 96-1, Dec. 18, 1979, pp 36758, 36759. 

Form 

SPEAKER: Today is the day for the call of the Private Calendar. The 

Clerk will call the first bill on the Private Calendar. 

[The Clerk calls the first bill by calendar number and title.] 

MEMBER: Ml. Speaker, I ask unanimous consent that this bill be 

passed over without prejudice. 

709 

CHAPTER 40—PRIVATE CALENDAR § 7 

§ 6. Omnibus Private Bills 

Generally 

Omnibus private bills consist of individual private bills previously recommitted after two objections and grouped together under a single bill 

number for rereporting, consideration, and passage. Such omnibus private 

bills may not be objected to. 74-1, Mar. 26, 1935, p 4484. They are in order 

on the third Tuesday only, but they may be considered on the first Tuesday 

by unanimous consent. Deschler Ch 22 § 11.2. If an omnibus bill is passed 

by the House, it is resolved into individual bills for transmittal to the Senate 

and subsequently to the President. Manual §§ 895, 897. 

Consideration and Debate 

Omnibus private bills have preference over individual private bills on 

the calendar on the third Tuesday. Deschler Ch 22 § 11.4. Such bills are 

read by paragraph, and no amendments are entertained except to strike or 

reduce monetary amounts or provide limitations. Matters so stricken may 

not again be included in an omnibus bill during the session. Manual § 895. 

Where an omnibus private bill improperly includes an individual private bill 

previously laid on the table, the Chair upon sustaining such point of order 

may order the individual bill stricken from the omnibus bill. Deschler Ch 

22 § 13.18. 

Under clause 5 of rule XV, the Speaker may not entertain a reservation 

of the right to object to the consideration of an omnibus private bill. 

Amendments to measures on the Private Calendar are debatable under the 

five-minute rule. Debate is limited to ten minutes, divided between the proponent and an opponent. The rule does not admit a pro forma amendment 

or an extension of time under the five-minute rule. Deschler Ch 22 §§ 13.2- 

13.5. 

§ 7. Disposition of Unfinished Business 

Private Calendar bills unfinished on one Tuesday go over to the next 

Tuesday on which such bills are in order and are considered before the call 

of the other bills on the calendar. 7 Cannon § 854. Unfinished omnibus bills 

follow the same procedure and go over until the next Tuesday on which 

that class of business is again in order. Deschler Ch 22 § 11.13. However, 

when the previous question is ordered on a private bill, and the bill remains 

unfinished at adjournment, the bill comes up for disposition on the next legislative day. 8 Cannon §§ 2334, 2694. 

710 

§ 8 HOUSE PRACTICE

§ 8. House-Senate Action on Private Bills 

As in the case of public bills, Private Calendar bills are messaged to 

the Senate after passage by the House. Omnibus bills on their passage are 

resolved into several separate bills of which they are composed and are messaged to the Senate as individual bills and not as an omnibus bill. Manual 

§ 895; Deschler Ch 22 § 14.1. 

If amended by the Senate, further consideration and disposition by the 

House is effected by unanimous consent or by a special order of business. 

The House has, by suspension of the rules, adopted a resolution agreeing 

to an unrelated Senate amendment of a public character to a private bill. 

Deschler Ch 22 § 14.7. This is an exception from the general practice that 

the Speaker will not schedule private bills under suspension of the rules. 

After passage in the House of an omnibus private bill, Senate bills 

pending on the Speaker’s table that are identical or similar to those contained therein may be disposed of in the House by unanimous consent. Similarly, after disposition in the House of a private Senate bill, a similar House 

bill may be laid on the table by unanimous consent. This procedure is followed so that two measures involving the same private relief will not be 

messaged to the Senate. Deschler Ch 22 § 14.3. 

711 

Chapter 41 

Question of Consideration 

§ 1. In General 

§ 2. Propositions Subject to the Question 

§ 3. Propositions Not Subject to the Question 

§ 4. Application to Points of Order Against Unfunded Mandates 

§ 5. Application to Points of Order Against Earmarks 

§ 6. Application to Points of Order Under the Statutory Pay-As-YouGo Act 

Research References 

5 Hinds §§ 4936-4977 

8 Cannon §§ 2436-2447 

Deschler-Brown Ch 29 

Manual §§ 906-910 

§ 1. In General 

Generally; Purpose and Effect 

Clause 3 of rule XVI provides that when any motion or proposition is 

entertained, a Member may demand the question ‘‘[w]ill the House now 

consider it?’’ Manual § 906. This rule, which was adopted in its present 

form in 1880, permits the House by simple majority vote to refuse to consider business it may not want to consider on that day. 5 Hinds § 4936; 8 

Cannon § 2447. The rule provides that the question is not to be put unless 

demanded. Manual § 906. 

Any Member, Delegate, or the Resident Commissioner may demand the 

question of consideration, even against matters of the highest privilege and 

even though the Member in charge claims the floor for debate or to move 

the previous question. 5 Hinds §§ 4936, 4941, 4944, 4945, 5478; 6 Cannon 

§ 404. The question of consideration is not debatable because such debate 

would defeat the purpose of the rule. 8 Cannon § 2447. If the House votes 

against consideration, it has the effect of preventing all debate on the pending measure at that time. The form for raising the question of consideration 

is as follows: 

MEMBER: Ml. Speaker, I raise the question of consideration. 

SPEAKER: The gentlelll raises the question of consideration. The 

question is: Will the House now consider it [the motion or proposition]? 

712 

§ 1 HOUSE PRACTICE

Where a report from the Committee on Rules is called up on the same 

legislative day on which reported, the Chair puts the question without demand pursuant to clause 6(a)(1) of rule XIII. Manual § 857; see SPECIAL

ORDERS OF BUSINESS. 

When in Order 

The question of consideration is not in order after debate has begun and 

does not lie until the initial reading has been concluded. 5 Hinds §§ 4937- 

4939; 6 Cannon § 541; 8 Cannon § 2436. It may not be raised after the previous question has been ordered. 5 Hinds §§ 4965, 4966. 

Voting on the Question 

A negative vote on the question of consideration does not amount to 

a rejection of the proposition and does not prevent the measure from being 

brought before the House again. 5 Hinds § 4940. By the same token, an affirmative vote does not prevent the question of consideration from being 

raised on a subsequent day when the bill is again called up as unfinished 

business. 8 Cannon §§ 2438, 2447. If the question of consideration is raised 

but not voted on at adjournment it does not recur as unfinished business 

on the succeeding day. 5 Hinds §§ 4947, 4948. 

It is in order to reconsider an affirmative vote on the question of consideration. Deschler-Brown Ch 29 § 5. However, it is not in order to reconsider a negative vote on the question of consideration. 5 Hinds §§ 5626, 

5627. 

As Related to Points of Order 

A point of order against the eligibility for consideration of a bill, which 

if sustained might prevent consideration, should be made and decided before 

the question of consideration is put. Manual § 909. However, if the point 

of order relates merely to the manner of considering the bill, the point of 

order should be passed on after the House has decided the question of consideration. 5 Hinds § 4950. Points of order against a conference report are 

raised after the question of consideration has been decided in the affirmative. Manual § 909. 

A point of order against consideration of a bill for failure of a proper 

quorum in committee to report was permitted despite unanimous consent of 

the House to immediately consider the bill because the unanimous-consent 

request was not accompanied by a waiver of points of order. Deschler Ch 

20 § 17.13. 

713 

CHAPTER 41—QUESTION OF CONSIDERATION § 3 

Other Methods of Preventing Consideration 

Immediate consideration of a measure can be avoided by use of the motions to postpone or to refer. Manual §§ 915, 916. Successful application of 

the motion to lay the proposition on the table constitutes a final adverse disposition of the matter before the House. See LAY ON THE TABLE. 

§ 2. Propositions Subject to the Question 

The question of consideration has been applied to bills, resolutions, motions, and reports. It may be demanded against matters of highest privilege. 

Manual § 908; 5 Hinds § 4941. The question may be demanded: 

0 Against a committee report relating to the seating of a Member. 5 Hinds 

§ 4941. 

0 Against a resolution raising a question of the privileges of the House. 6 

Cannon § 560. 

0 Against a bill that has been made in order on a particular day by a special 

order of business. 4 Hinds § 3175; 5 Hinds §§ 4953-4957. 

0 Against a bill on the Union Calendar on Calendar Wednesday before resolving into the Committee of the Whole. 8 Cannon § 2445. 

0 Against the motion to reconsider. 8 Cannon § 2437. 

0 Against a conference report. 8 Cannon § 2439; Deschler-Brown Ch 29 

§ 5.12. 

0 Against a resolution to elect a Member to a standing committee. 104-1, 

July 10, 1995, p 18253. 

§ 3. Propositions Not Subject to the Question 

The question of consideration lies only against an individual proposition 

and may not be raised against a class of business, such as District of Columbia business generally. 4 Hinds §§ 3308, 3309; 5 Hinds § 4598. 

Some legislative propositions are considered under special orders of 

business that provide for the ‘‘immediate consideration’’ of the proposition. 

Under that procedure the House decides the question of consideration by 

voting on the special order of business itself, and the question of consideration cannot be raised against the ultimate proposition. 5 Hinds §§ 4960- 

4963; 8 Cannon §§ 2440, 2441. The question of consideration is likewise 

inapplicable to a motion to resolve into the Committee of the Whole because the House expresses its will concerning consideration by voting on 

the motion. Manual § 908; Deschler-Brown Ch 29 § 5.6. Under modern 

practice, special orders of business authorize the Speaker to declare the 

House resolved into Committee of the Whole without motion, thereby precluding the question of consideration or any vote of the House. Clause 2(b) 

of rule XVIII; Manual § 972. 

714 

§ 4 HOUSE PRACTICE

Other propositions held not subject to the question of consideration include: 

0 A bill returned with the President’s veto. 5 Hinds §§ 4969, 4970. 

0 A motion relating to the order of business. 5 Hinds §§ 4971-4976; 8 Cannon § 2442. 

0 A motion to discharge committees. 5 Hinds § 4977. 

0 Propositions before the House merely for reference. 5 Hinds § 4964. 

0 A motion under clause 2(d) of rule XIV to take from the Speaker’s table 

a Senate bill substantially the same as a House bill already favorably reported and on the House Calendar. 8 Cannon § 2443. 

0 Reports from the Committee on Rules relating to the rules or order of business. Clause 6 of rule XIII; Manual § 858; 5 Hinds §§ 4961-4963. 

§ 4. Application to Points of Order Against Unfunded Mandates 

Sections 423-426 of the Congressional Budget Act establish committee 

report requirements and points of order against consideration. Manual 

§ 1127; see also UNFUNDED MANDATES. 

Section 425(a)(2) establishes a point of order against consideration of 

any bill, joint resolution, amendment, motion, or conference report that 

would increase the direct costs of Federal intergovernmental mandates by 

an amount that exceeds the threshold in section 424(a)(1) unless it also provides spending authority or authorizes sufficient appropriations to cover the 

costs. Section 426(a) of the 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 

not by a ruling of the Chair but by the question of consideration. Section 

426(b)(2) establishes as a threshold premise for cognizability of a point of 

order under section 425 or 426(a) the specification of precise legislative language that is alleged to constitute a Federal mandate. 

Form 

THE SPEAKER: The gentlelll from lllll makes a point of 

order that the resolution violates section 426(a) of the Congressional 

Budget Act of 1974. The gentlelll has met the threshold burden to 

identify the specific language in the resolution on which the point of order 

is predicated. Such a point of order shall be disposed of by the question 

of consideration. The gentlelll from lllll and a Member opposed will each control 10 minutes. After debate, the Chair will put the 

question of consideration, to wit: ‘‘Will the House now consider the resolution?’’ 

715 

CHAPTER 41—QUESTION OF CONSIDERATION § 6 

§ 5. Application to Points of Order Against Earmarks 

Clauses 9(a) and 9(b) of rule XXI provide that it shall not be in order 

to consider certain measures that do not comply with disclosure requirements regarding earmarks, limited tax benefits and limited tariff benefits. 

See BUDGET PROCESS. Any Member may raise a point of order against consideration of such measures if the Chair is made aware of a lack of compliance with a disclosure requirement. Clause 9(c) of rule XXI provides that 

it is not in order to consider a special order of business or other order that 

waives the application of clause 9(a) or 9(b). The method of disposing of 

a point of order against such special order of business or other order or a 

conference report to accompany a general appropriation bill is the question 

of consideration. Clause 9(c) of rule XXI provides for 20 minutes of debate 

on the question of consideration, equally divided between the Member making the point of order and an opponent. 

Form 

THE SPEAKER: The gentlelll from lllll makes a point of 

order that the [resolution/conference report] violates clause 9(a) [or 9(b)] 

of rule XXI. Under clause 9(c) of rule XXI, the gentlelll from 

lllll and the gentlelll from lllll each will control 10 

minutes on the question of consideration. Following debate, the Chair will 

put the question of consideration as follows: ‘‘Will the House now consider the [resolution/conference report]?’’ 

§ 6. Application to Points of Order Under the Statutory Pay-AsYou-Go Act 

The Statutory Pay-As-You-Go Act of 2010 established a new budget 

enforcement mechanism to require that new direct spending and revenue 

legislation enacted into law not increase the deficit. Pub. L. 111-139. Section 4(g) of the Act requires that the Chair put the question of consideration 

with respect to certain measures that contain an emergency designation 

under the Act. In such cases, the Chair puts the question of consideration 

without debate. The Chair does so before resolving into the Committee of 

the Whole for consideration of the measure. 111-1, Jan. 26, 2009, p ll. 

The failure of the Chair to put the question may be rendered moot by subsequent action of the House. 111-2, July 1, 2010, p ll. 

The requirement that the Chair put the question of consideration on certain measures that carried an emergency designation under the House PayAs-You-Go rule was eliminated when that rule was repealed in the 112th 

Congress. 112-1, H. Res. 5, Jan. 4, 2011, p ll. 

716 

§ 6 HOUSE PRACTICE

Form 

THE SPEAKER: The [measure] contains an emergency designation for 

the purposes of pay-as-you-go principles under section 4(g)(1) of the Statutory Pay-As-You-Go Act of 2010. Accordingly, the Chair must put the 

question of consideration under section 4(g)(2) of the Statutory Pay-AsYou-Go Act of 2010. The Chair will put the question of consideration as 

follows: ‘‘Will the House now consider the [measure]?’’ 

717 

Chapter 42 

Questions of Privilege 

I. Introductory 

§ 1. In General 

§ 2. Precedence of Questions of Privilege 

II. Privilege of the House 

A. BASIS OF PRIVILEGE

§ 3. Introductory; What Constitutes a Question of Privilege 

§ 4. Charges of Illegality or Impropriety 

§ 5. House Jurisdiction, Powers, and Prerogatives 

§ 6. Intervention in Judicial Proceedings 

§ 7. Correcting the Congressional Record; Expungement 

§ 8. Service of Process 

§ 9. Procedure in Complying with Process under Rule VIII 

§ 10. — Resolutions Authorizing or Precluding Response 

§ 11. — Conditions or Limitations on Response 

§ 12. Disclosure of Executive Session Materials 

§ 13. Providing for Legal Counsel 

B. CONSIDERATION

§ 14. Raising and Presenting the Question 

§ 15. Debate; Disposition 

III. Personal Privilege 

A. BASIS OF PRIVILEGE

§ 16. In General 

§ 17. Charges by a Fellow Member; Words Used in Debate 

§ 18. Charges in the Press 

B. CONSIDERATION

§ 19. Raising the Question; Procedure 

§ 20. Debate on the Question 

718 

§ 1 HOUSE PRACTICE

Research References 

3 Hinds §§ 2521-2725 

6 Cannon §§ 553-622 

Deschler Ch 11 

Manual §§ 287-309, 698-713 

I. Introductory 

§ 1. In General 

Definitions and Distinctions 

The term ‘‘privilege’’ arises frequently in the rules governing the procedures of the House. It may refer to questions of the privileges of the House, 

to questions of personal privilege, to the privilege of Members from arrest, 

or to the privilege of certain motions. This chapter focuses on questions of 

the privileges of the House and on questions of personal privilege. 

Questions of privilege are to be distinguished from privileged questions. 

The latter relate merely to the order or priority of business under the rules 

of the House, and the former pertain to the safety and dignity of the House 

or the integrity of its proceedings or to the rights or reputation of its Members (3 Hinds §§ 2654, 2718). Privileged questions, see ORDER OF BUSINESS; PRIVILEGED BUSINESS; Manual §§ 853-857. 

Questions of privilege are classified by rule IX as (1) those affecting 

the rights of the House collectively, its safety, dignity, and the integrity of 

its proceedings, and (2) the rights, reputation, and conduct of Members, individually, in their representative capacity only. This rule, adopted in 1880, 

was based on procedures that had been followed in the House as a matter 

of longstanding custom. 3 Hinds § 2521. The rule was amended in the 103d 

Congress to permit the Speaker to postpone consideration of certain questions of privilege for up to two legislative days and to designate a time for 

consideration within that period. See § 14, infra. 

Questions of the privileges of the House are brought before it in the 

form of a resolution. § 14, infra. Questions of personal privilege are raised 

by a Member from the floor when recognized for debate for that purpose. 

§ 19, infra. 

Privilege of Members From Arrest 

Under the Constitution, Senators and Representatives are privileged 

from arrest, except for ‘‘treason, felony, and breach of the peace,’’ during 

attendance at a session and in going to and returning therefrom. U.S. Const. 

art. I, § 6. This privilege may be invoked in cases not covered by the excepVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00728 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
719 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 2 

tions, as where there has been an arrest for fraud and delinquency in connection with a civil proceeding. 3 Hinds § 2676. The exception has been 

construed to mean all indictable crimes. 3 Hinds § 2673. The privilege does 

not protect a Member from arrest in any criminal case. Manual § 91. Thus, 

a Member may be arrested and prosecuted for a felony specified in a timber 

protection statute; and the fact that Congress was in recess at the time of 

his arrest is no defense. Williamson v. United States, 207 U.S. 425 (1908). 

An investigation by committee of a Member’s arrest to determine whether 

it was in violation of the privilege may be initiated by resolution. 3 Hinds 

§ 2673. For more detailed analysis of this privilege, see Deschler Ch 7 § 18. 

Privilege of Speech or Debate 

Article I, section 6, clause 1 of the Constitution provides that Members 

or Senators ‘‘shall not be questioned in any other place’’ for ‘‘any speech 

or debate in either House.’’ This clause precludes judicial inquiry into the 

motivation, preparation, and content of a Member’s speech. Manual § 93. 

All speech, debate, and remarks on the floor are privileged, as is material 

inserted in the Congressional Record by a Member with the consent of the 

House. Deschler Ch 7 § 16. However, the Supreme Court has upheld a grand 

jury inquiry into the possession and nonlegislative use of classified documents by a Member. Gravel v. United States, 408 U.S. 606 (1972). The 

Court has also sustained the validity of an indictment of a Member for accepting an illegal bribe to perform legislative acts. United States v. Brewster, 408 U.S. 501 (1972). This clause does not prevent the House from applying rules relating to ‘‘proper debate’’ and from adopting procedures to 

deal with transgressions of those rules. Manual § 303. 

§ 2. Precedence of Questions of Privilege 

Under rule IX, a question of privilege has been held to take precedence 

over all questions except the motion to adjourn. This precedence is given 

to both questions of the privileges of the House and to questions of personal 

privilege. ‘‘The rights and privileges of the Members of the House, in the 

discharge of their functions, are sacred,’’ said Speaker Reed in 1890, ‘‘and 

the House can undertake no higher duty than the conservation of all those 

rights and privileges intact. Even if the case arises under dubious circumstances, it is proper for the House to pause and give suitable heed to 

any question which any Member raises with regard to his rights and privileges as a Member.’’ 3 Hinds § 2524. Under clause 2 of rule IX, the right 

to bring a question of privilege before the House without notice is restricted. 

720 

§ 2 HOUSE PRACTICE

Manual §§ 699, 713. Only the Majority and Minority Leaders can now raise 

such a question ‘‘at any time.’’ See § 14, infra. 

Under rule IX questions of privilege have been held to take precedence 

over other business. Manual § 709; 3 Hinds § 2523. For example: 

0 Reading of messages from the President (which are received but do not displace the question of privilege). 5 Hinds §§ 6640-6642. 

0 District of Columbia business under clause 4 of rule XV. Deschler Ch 11 

§ 5.8. 

0 Calendar Wednesday business under clause 7 of rule XV. 7 Cannon §§ 908- 

910; Deschler Ch 11 § 5.7. 

0 Special orders for the consideration of business. 3 Hinds §§ 2524, 2525, 

2554. 

0 Reports from the Committee on Rules. 8 Cannon § 3491. 

0 Motions to resolve into Committee of the Whole. 8 Cannon § 3461. 

0 Motions to reconsider. 5 Hinds §§ 5673-5676. 

0 Motions to suspend the rules. 3 Hinds § 2553; 6 Cannon §§ 553, 565. 

0 Scheduled special-order speeches. Deschler-Brown Ch 29 § 10.75. 

0 Senate amendments undisposed of after rejection of a conference report. 3 

Hinds § 2531. 

In general, one question of privilege may not take precedence over another. 3 Hinds §§ 2534, 2552, 2581. The Chair’s power of recognition (and 

scheduling prerogative under rule IX) determines which of two matters of 

equal privilege is considered first. Manual § 709. 

Because only one question of privilege may be pending at a time, another Member will not be recognized during such time to present another 

question of privilege. This stricture includes questions of personal privilege. 

Manual § 711; 3 Hinds § 2533; Deschler Ch 11 § 5.4. 

A question of privilege loses its privilege when connected with or 

amended by a proposition not privileged. 3 Hinds § 2551; 5 Hinds § 5890. 

Precedence Over the Previous Question 

The question of privilege takes precedence over the consideration of a 

motion for the previous question. Deschler Ch 11 § 5.9. It supersedes the 

consideration of a proposition and must be disposed of first, even where the 

previous question has been ordered on such proposition, unless the previous 

question has been ordered to final passage under a special order of business 

prohibiting any intervening motions. 3 Hinds §§ 2522, 2532; 6 Cannon 

§ 561; Deschler Ch 11 § 5.3. 

Interruptions 

By rising to a question of privilege, a Member may not deprive another 

Member of the floor. 5 Hinds § 5002; 8 Cannon §§ 2458, 2528; Deschler 

721 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 3 

Ch 11 § 23.2. However, the latter may yield time for preliminary debate on 

the question. Deschler Ch 11 § 23.3. Such a question may not interrupt a 

roll call or yea-and-nay vote. 5 Hinds §§ 6051, 6052, 6058; 6 Cannon 

§§ 554, 564. 

A question of privilege may interrupt the consideration of a bill under 

a special order of business. 3 Hinds §§ 2524, 2525. It has precedence at a 

time set apart by special order for other business. 6 Cannon § 560. A question of the privileges of the House may interrupt the reading of the Journal 

(Deschler Ch 11 § 5.6), whereas a question of personal privilege may not 

(Deschler Ch 11 § 23.1). 

A Member’s announcement of intent to offer a resolution as a question 

of privilege may take precedence over a special order of business reported 

from the Committee on Rules. However, where a special order of business 

is pending, such announcements are counted against debate on the resolution 

absent unanimous consent to the contrary. Manual § 709. 

As Unfinished Business 

A question of privilege pending at the time of adjournment becomes unfinished business on the next day. Deschler Ch 11 § 5.5. It takes precedence 

over unfinished business that is privileged under rule XIV (order of business). Manual § 709. 

II. Privilege of the House 

A. Basis of Privilege 

§ 3. Introductory; What Constitutes a Question of Privilege 

Elements Generally 

Under rule IX questions of the privileges of the House are those that 

affect its rights collectively, ‘‘its safety, dignity, and the integrity of its proceedings. . . .’’ Manual § 698. A question asserted to involve the privileges 

of the House must include one or more of the elements specified by rule 

IX. Deschler-Brown Ch 31 § 1.53. A Member may not by raising a question 

of the privileges of the House attach privilege to a question not otherwise 

in order under the rules of the House. Deschler-Brown Ch 29 § 9.58. 

Organization of the House and Seating of Members 

Questions relating to the organization of the House (1 Hinds §§ 22-24) 

and the right of Members to their seats (3 Hinds §§ 2579-2587), as well as 

various questions incidental thereto (1 Hinds § 322; 2 Hinds § 1207; 3 Hinds 

722 

§ 3 HOUSE PRACTICE

§ 2588), have been held to give rise to questions of the privileges of the 

House (Manual § 701). The same is true of a proposition declaring the Office of the Speaker vacant (6 Cannon § 35) and the resignation of a Member 

from a select or standing committee (Manual § 704). A resolution electing 

a House officer is presented as a question of privilege. Manual § 701. 

Safety and Dignity; Comfort and Convenience 

A resolution directing an investigation into the safety of Members in 

light of alleged structural deficiencies in the Capitol gives rise to a question 

of the privileges of the House, as does a resolution directing the appointment of a select committee to inquire into fire safety of the environs of the 

House. A resolution directing the Sergeant-at-Arms to alert House personnel 

of the dangers of electronic security breaches gives rise to a question of the 

privileges of the House. Manual § 705. 

Questions relating to the comfort and convenience of Members and employees have been held to give rise to a question of the privileges of the 

House. 3 Hinds §§ 2629-2633. For example, a resolution expressing the 

sense of the House as to the proper attire for Members during sessions of 

the House and a resolution relating to a sanitary environment for House employees were held to raise a question of privilege. Manual § 705; 3 Hinds 

§§ 2632, 2633. However, certain subjects relating purely to the convenience 

of Members are not necessarily entertained as privileged. For example, a 

resolution authorizing an additional attendant for the Members’ bathroom 

and a resolution authorizing a new lunchroom for Members were held not 

to raise a question of privilege. 3 Hinds §§ 2635, 2636. 

Integrity of the Legislative Process 

Among the subjects giving rise to a question of the privileges of the 

House are questions relating to the integrity of its proceedings. Manual 

§ 704; 3 Hinds §§ 2597-2601, 2614. For example: 

0 The presence on the floor of unauthorized persons. 3 Hinds §§ 2624-2626. 

0 The conduct of those in the press gallery. 3 Hinds § 2627. 

0 The integrity of the Journal. 2 Hinds § 1363; 3 Hinds § 2620. 

0 The protection of House records and files. 3 Hinds § 2659. 

0 The accuracy of House documents and messages. 3 Hinds § 2613. 

0 The integrity of the Congressional Record. Manual § 704. 

0 The integrity and regularity of an electronic vote. 110-1, Aug. 3, 2007, p 

22769. 

0 The integrity of uninterrupted audio broadcast coverage of certain House 

proceedings. Deschler-Brown Ch 29 § 40.10. 

0 An unreasonable delay in transmitting an enrolled bill to the President. 

Manual § 704. 

723 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 3 

0 The fraudulent introduction of a bill. 4 Hinds § 3388. 

0 The attempted bribery or corruption of Members. 2 Hinds § 1599; 6 Cannon § 580. 

0 An assault on a committee clerk. 2 Hinds § 1629. 

0 Investigation and report on the impact of a test involving television coverage of House proceedings. Manual § 684. 

0 Indecorous behavior of a former Member on the floor of the House and 

rooms leading thereto. Manual § 680. 

The integrity of House proceedings also extends to the activities of its 

committees. The following have been the subject of resolutions raising a 

question of the privileges of the House: 

0 Use of an allegedly forged document at a committee hearing. Manual 

§ 704. 

0 The public release of transcripts and other relevant documents relating to 

an investigation by a committee’s task force of the operation and management of the Office of the Postmaster. Manual § 704. 

0 Unilateral release by a committee chair of committee records in contravention of its rules (adopted ‘‘protocol’’). Manual § 704. 

0 Intentional disregard of House rules and improper use of the Capitol Police. 

108-1, July 23, 2003, p 19155. 

A resolution directing a committee to investigate the circumstances surrounding the publication in a newspaper of a select committee report, which 

the House had ordered not to be released, gave rise to a question of the 

privileges of the House, because it related to the integrity of House proceedings and the sanctity of its records. Deschler-Brown Ch 29 § 18.12. 

Effecting Changes in House Rules or Orders 

A question of the privileges of the House may not be raised to effect 

a change in the rules of the House or their interpretation or to collaterally 

attack a rule or order properly adopted by the House at a previous time, 

the proper method of reopening the matter being a motion to reconsider. 

Manual § 706; Deschler Ch 11 § 3.2. Thus, a resolution collaterally challenging an adopted rule of the House by delaying its implementation was 

held not to give rise to a question of the privileges of the House. Manual 

§ 706. 

Similarly, it has been held that a question of the privileges of the House 

may not be raised to: 

0 Collaterally challenge a standing order establishing a joint meeting for a 

foreign head of state by withdrawing a pending invitation and prohibiting 

future invitations. Manual § 706. 

0 Direct the Speaker to follow certain customs in allowing one-minute 

speeches at the beginning of a session. Deschler-Brown Ch 29 § 10.58. 

724 

§ 3 HOUSE PRACTICE

0 Permit petitioners seeking redress of grievances to have access to the House 

floor. Deschler Ch 24 § 10.2. 

0 Broaden the rule relating to access by Members to committee records. 95- 

1, Dec. 6, 1977, p 38470. 

0 Direct that the party ratios of all standing committees, subcommittees, and 

staffs thereof be changed within a time certain to reflect overall party 

ratios in the House. Deschler-Brown Ch 31 § 1.51. 

0 Direct a committee to consider certain business, a motion to that effect not 

being in order under the rules. Manual § 706. 

0 Declare a recess to receive a petition. Deschler Ch 11 § 3.1. 

0 Effect a change in conference procedures. Deschler Ch 11 § 3.3. 

0 Direct a standing committee to release executive session material referred 

to it. Manual § 706. 

A question of the privileges of the House may not be invoked to prescribe a special order of business for the House, because otherwise any 

Member would be able to attach privilege to a legislative measure merely 

by alleging impact on the dignity of the House based upon House action 

or inaction. For example, the following resolutions were held not to give 

rise to a question of the privileges of the House, but rather were held to 

be legislative matters to be considered under ordinary rules relating to priority of business: 

0 Alleging that the inability of the House to enact certain legislation constituted an impairment of the dignity of the House, the integrity of its 

proceedings, and its place in public esteem, and resolving that the House 

be considered to have passed such legislation. 

0 Precluding an adjournment of the House until a specified legislative measure is considered. 

0 Expressing congressional sentiment that the President take specified action 

to achieve a desired public policy even though involving executive action 

under a treaty (which it was the prerogative of the Senate to ratify). 

0 Directing that the reprogramming process established in law for legislative 

branch appropriations be subjected to third-party review for conformity 

with external standards of accounting but alleging no deviation from duly 

constituted procedure. 

0 Directing the Committee on Rules to report only ‘‘open’’ rules for the consideration of general appropriation bills. 

Manual § 706; see also Manual § 702 for a discussion of legislative propositions purporting to present questions of the privileges of the House. 

The constitutional validity of an existing rule of the House may not be 

challenged under the guise of a question of privilege, whether that existing 

rule was adopted by separate vote of the House or, instead, by its vote on 

the adoption of all of its rules. Manual § 706. 

725 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 4 

§ 4. Charges of Illegality or Impropriety 

Specific Charges and General Criticism Distinguished 

General criticism of the Congress, or the Members of the House, does 

not give rise to a question of the privileges of the House. Deschler Ch 11 

§§ 8.1, 8.2. A resolution purporting to establish a committee to investigate 

vague allegations of ‘‘corruption in the House’’ was held not to give rise 

to a question of the privileges of the House. 3 Hinds § 2711. Allegations 

that are merely critical of the legislative process, such as charges of inactivity in regard to a subject reported from committee, are also insufficient. 

93-2, June 24, 1974, pp 21596-98. Similarly, an allegation of unconstitutional abrogation of a treaty by the President was held insufficient. Manual 

§ 706. However, an allegation of criminal conduct by the Congress has been 

presented as a question of the privileges of the House, as have charges that 

the House was being influenced by mobs or that a committee of the House 

was engaged in subversive activities. Deschler Ch 11 §§ 8.3, 8.4; 80-2, Mar. 

10, 1948, p 2476. 

Charges Involving Members 

Charges against Members often have been made the basis of a question 

of personal privilege. §§ 17, 18, infra. Such charges may also give rise to 

a question of the privileges of the House where they involve elements of 

illegality or criminality so as to impugn the honor and dignity of the House 

itself. Thus, charges against Members of graft (7 Cannon § 911), of abusing 

the franking privilege (3 Hinds § 2705), of using ‘‘ghost’’ employees (Manual § 703), of improperly attempting to influence a vote (Deschler Ch 11 

§ 9.1), of giving away atomic secrets (Deschler Ch 11 § 9.2), and of illegally 

soliciting political contributions in a House office building (99-1, July 10, 

1985, p 18397) have given rise to the privileges of the House. However, 

a mere allegation that a Member distributed an unauthorized questionnaire 

was held insufficient to give rise to a question of the privileges of the 

House. Deschler Ch 11 § 9.3. 

A question of the privileges of the House may be based on charges 

against Members, even though they are not identified by name. 3 Hinds 

§ 2705. 

In 1992, resolutions relating to the operation of the ‘‘bank’’ in the Office of the Sergeant-at-Arms were presented as questions of the privileges 

of the House, including a resolution instructing the Committee on Standards 

of Official Conduct (now Ethics) to disclose the names and pertinent account information of Members and former Members found to have abused 

the privileges of the ‘‘bank.’’ Manual § 703. 

726 

§ 5 HOUSE PRACTICE

Charges Involving House Officers or Employees 

Charges that an officer or employee of the House acted illegally or improperly may give rise to a question of the privileges of the House. 3 Hinds 

§§ 2628, 2645-2647; 6 Cannon § 35; Deschler Ch 11 § 10.3. Thus, a charge 

that an officer of the House conspired to influence legislation gives rise to 

a question of the privileges of the House. 3 Hinds § 2628. The same is true 

of an allegation that an officer of the House made secret motions in certain 

litigation without the knowledge of the House (Deschler-Brown Ch 29 

§ 30.4) or that an employee appeared in court without authorization as special counsel for a committee (Deschler Ch 11 § 10.3). Allegations of improper representation by counsel of the legal position of Members in a brief 

and allegations of unauthorized intervention by a committee employee in judicial proceedings also have given rise to questions of the privileges of the 

House. Manual § 703. On the other hand, merely alleging favoritism by the 

Speaker in making appointments or rudeness by the Doorkeeper in removing 

an occupant of the gallery has been held not to give rise to a question of 

the privileges of the House. Deschler Ch 11 §§ 10.1, 10.2. 

In the 102d Congress, numerous resolutions relating to the financial operation of the Office of the Sergeant-at-Arms and the management of the 

Office of the Postmaster were presented as questions of the privileges of 

the House. Among them were resolutions terminating all bank and checkcashing operations in the Office of the Sergeant-at-Arms, directing the Committee on House Administration to conduct an investigation of the operation 

and management of the Office of the Postmaster, and directing the Committee on Standards of Official Conduct (now Ethics) to investigate alleged 

violations of confidentiality by certain staff members. Manual § 703. 

§ 5. House Jurisdiction, Powers, and Prerogatives 

Issues relating to the jurisdiction of the House or its prerogatives under 

the Constitution may give rise to a question of the privileges of the House. 

2 Hinds §§ 1480-1537; 6 Cannon § 315; Deschler Ch 11 § 13. Matters that 

may be raised under this rule include jurisdictional questions relating to the 

prerogative of the House to originate revenue-raising legislation. 2 Hinds 

§§ 1480-1501; 6 Cannon § 315; Deschler Ch 11 § 13.1; see generally Manual § 102. Other similar matters that have given rise to a question of the 

privileges of the House include: 

0 The issuance of a court order restraining the publication of a committee 

report. Deschler Ch 11 § 13.3. 

0 The disclosure of House records in response to process issued by a Federal 

court. Manual § 291a. 

727 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 5 

0 Intervention in judicial proceedings concerning the constitutionality of the 

one-House veto or other legislative review provision. 95-1, Nov. 2, 1977, 

p 366. 

0 The prerogative of the House when a bill has been ‘‘pocket vetoed.’’ Manual § 702. 

0 The affirmative vote necessary to extend the time period for State ratification of a constitutional amendment. Deschler-Brown Ch 30 § 1.5. 

0 The constitutional authority of the House with respect to impeachment 

propositions. 3 Hinds §§ 2045-2048. 

However, rule IX is concerned not with the privileges of the Congress 

as a legislative branch but only with the privileges of the House itself. Thus, 

neither the enumeration of legislative powers in article I, section 8 of the 

Constitution nor the prohibition in article I, section 9 against any withdrawal 

from the Treasury except by enactment of an appropriation renders a measure purporting to exercise or limit those powers a question of the privileges 

of the House. Manual § 702. 

The revenue-raising prerogative of the House may be raised only when 

the House is in possession of the original papers. It may be raised with respect to a revenue provision that originated in conference. Manual § 702. 

The issue may not be raised after the House has adopted a conference report 

containing an additional revenue matter not in either the House or the Senate version. Manual § 702; Deschler Ch 13 § 14.2. 

A resolution alleging that the President unconstitutionally abrogated a 

treaty (which is the prerogative of the Senate to ratify), and calling on the 

President to seek the approval of Congress prior to such abrogation, was 

held not to give rise to a question of the privileges of the House. Manual 

§ 702. 

Contempt Proceedings; Enforcement of Orders and Subpoenas 

The power of the House to punish for contempt may be invoked as a 

basis for raising a question of the privileges of the House. That question 

has been held to arise where contemptuous conduct has been charged 

against a Member (2 Hinds § 1641), where a witness has refused to respond 

to an order to give testimony (Manual § 299; 3 Hinds § 1666; Deschler Ch 

11 § 12), and where a person has been charged with an offense against the 

House, such as attempted bribery (2 Hinds §§ 1597, 1599). Committee reports relating to the refusal of a witness to be sworn or respond to a subpoena duces tecum in violation of section 192 of title 2, United States Code, 

likewise give rise to a question of the privileges of the House when called 

up by the reporting committee. Deschler Ch 11 §§ 12.2, 12.3. 

728 

§ 6 HOUSE PRACTICE

§ 6. Intervention in Judicial Proceedings 

The House sometimes authorizes special appearances on its own behalf 

in judicial proceedings relating to the powers and prerogatives of the House, 

and resolutions granting the authority to intervene in such cases may be 

called up as a question of privilege. The authority to intervene in judicial 

proceedings has been granted in cases involving the constitutionality of the 

one-House veto (or other legislative review provision) and the validity and 

effect of subpoenas issued by House committees or subcommittees. Manual 

§ 291b; 94-2, July 1, 1976, p 21852. 

As discussed in section 4, supra, charges of improper intervention in 

a judicial proceeding by an officer or employee of the House may give rise 

to a question of the privileges of the House. As such, the following resolutions have been held to constitute questions of the privileges of the House: 

(1) a resolution alleging unauthorized actions by a committee employee in 

intervening in judicial proceedings; (2) a resolution directing the Clerk to 

notify interested parties that the House regretted the use of official resources 

to present to the Supreme Court of Florida a legal brief arguing the unconstitutionality of congressional term limits, and that the House had no position on that question; and (3) a resolution alleging a chronology of litigation 

relating to the immunity of a Member from civil liability for bona fide official acts and expressing the views of the House thereon. Manual § 703. 

The General Counsel of the House has the duty under clause 8 of rule 

II to provide legal assistance and representation to the House. Manual § 670. 

The General Counsel is authorized by law to appear in any proceeding before a State or Federal court (except the United States Supreme Court) without compliance with admission requirements of such court. 2 USC § 130f(a). 

Furthermore, the law requires the Attorney General to notify the General 

Counsel of a determination not to appeal a court decision affecting the constitutionality of an Act. 2 USC § 130f(b). 

The House may authorize the Speaker to take any steps the Speaker 

considers necessary, including intervention as a party or submission of briefs 

amicus curiae, in order to protect the interests of the House. The House has 

adopted resolutions authorizing standing or select committees to make applications to courts in connection with their investigations. Manual § 291b. The 

House has directed the Speaker to certify to the United States Attorney the 

refusal of While House officials to produce documents and testify before a 

House committee. 110-2, Feb. 14, 2008, p 2190. The House also has authorized the chair of a subcommittee to intervene in a pending action on behalf 

of the subcommittee to obtain information in the possession of a Federal 

agency (the FTC). 94-1, Dec. 18, 1975, p 41707. 

729 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 8 

§ 7. Correcting the Congressional Record; Expungement 

The accuracy and propriety of reports in the Congressional Record may 

give rise to a question of the privileges of the House. Manual § 704; 5 

Hinds §§ 7005-7023; 8 Cannon §§ 3461, 3463, 3464; Deschler Ch 11 § 11. 

Accordingly, a resolution to request the Senate to expunge from the Congressional Record certain debate reflecting on the integrity of the House or 

that is offensive or otherwise improper may give rise to a question of the 

privileges of the House, as may resolutions to expunge from the Record 

matter improperly inserted under leave to print. Deschler Ch 11 § 11. However, neither a question of personal privilege nor a question of the privileges 

of the House arises during debate in which offensive language is used, the 

remedy being to demand that the objectionable words be taken down when 

spoken, pursuant to clause 4 of rule XVII. Deschler Ch 11 § 27.1. For further discussion of the procedure for taking down words, see CONSIDERATION

AND DEBATE. 

A resolution to correct inaccuracies in the Congressional Record is presented as a question of the privileges of the House. 5 Hinds § 7019; 8 Cannon § 3461; Deschler Ch 11 § 11.9. However, a resolution to restore to the 

Record remarks previously deleted by House order does not present a question of the privileges of the House, the proper method of reopening the matter being by motion to reconsider. Deschler Ch 11 § 11.10. A resolution directing the placement of an asterisk in the Record to indicate alleged factual 

inaccuracies in the President’s state of the Union address (but not alleging 

inaccuracies in transcription) was held not to constitute a question of privilege. 108-1, Oct. 20, 2003, pp 25255, 25256. 

§ 8. Service of Process 

Generally 

The service of judicial process on a Member, Delegate, Resident Commissioner, officer, or employee of the House has long been perceived as a 

matter relating to the integrity of House proceedings and as constituting a 

basis for raising a question of the privileges of the House. 7 Cannon § 2164; 

Deschler Ch 11 §§ 14.1-14.10. Rule VIII governs the procedure for House 

response to a judicial or administrative subpoena served on such persons. 

Manual § 697; § 9, infra. 

The privileges of the House are invoked whether the recipient was 

served with a summons as a defendant or a subpoena as a witness and 

whether service of process was issued by a State or Federal court. Deschler 

730 

§ 9 HOUSE PRACTICE

Ch 11 § 14. For example, the privileges of the House have been held to 

apply to service of process as follows: 

0 Civil actions, criminal proceedings, or courts martial. Deschler Ch 11 

§§ 16.7, 16.9, 16.12, 16.17. 

0 Grand jury proceedings. Deschler Ch 11 § 15. 

0 Orders to appear and show cause for the failure to comply with a prior 

subpoena. Deschler Ch 11 § 14.9. 

0 Orders to appear for depositions or to answer interrogatories. Deschler Ch 

11 §§ 14.10, 16.18. 

0 Preliminary proceedings in criminal cases. Deschler Ch 11 § 14.5. 

0 Administrative proceedings before Federal agencies. Manual § 697. 

Under clause 6(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. 

Service of Process on Officers or Employees 

Examples of service of process on officers include those on the Speaker, the Clerk, and the Sergeant-at-Arms. Deschler Ch 11 §§ 16.2-16.4, 16.7- 

16.9, 16.11. Examples of service of process on employees include those on 

current and former employees of a committee, an employee of the House 

Republican Conference, and a former employee of a former House select 

committee who was subpoenaed to give a deposition about his recollection 

of certain executive session transactions. 93-2, Sept. 30, 1974, p 33020; 94- 

1, Sept. 23, 1975, p 29824; 97-1, Jan. 22, 1981, pp 694, 695. 

§ 9. Procedure in Complying with Process under Rule VIII 

Rule VIII provides general authority to a Member, Delegate, Resident 

Commissioner, officer, or employee of the House to comply with a judicial 

or administrative subpoena or judicial order directing appearance as a witness, or the disclosure of documents, relating to the official functions of the 

House. Such compliance must be consistent with the rights and privileges 

of the House. Accordingly, the Speaker is promptly notified upon service 

of a subpoena or judicial order, and the Speaker lays the notification before 

the House. Rule VIII does not require the text of the subpoena to be printed 

in the Congressional Record. Manual § 697. 

Until the 95th Congress, the House would authorize a response to a 

subpoena by adopting a resolution raised as a question of the privileges of 

the House. This case-by-case approach was changed in the 95th and 96th 

731 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 11 

Congresses, when general authority was granted to respond to subpoenas 

and a procedure was established for automatic compliance without the necessity of a House vote. This standing authority formed the basis for the 

present rule, adopted in the 97th Congress. Manual § 697. 

§ 10. — Resolutions Authorizing or Precluding Response 

Although rule VIII establishes a procedure for automatic compliance 

with subpoenas without the necessity of a House vote, a question of the 

privileges of the House still may be raised to address the response of the 

House to a subpoena in any particular case. Manual § 697. For example, in 

the 102d Congress, the House considered as questions of the privileges of 

the House resolutions responding to a subpoena for certain records of the 

House, and to a contemporaneous request for such records from a special 

counsel. The resolutions authorized an officer of the House to release certain 

documents in response to the requests from the special counsel. Manual 

§ 703. 

Duration of Authorization 

Resolutions authorizing a response to a subpoena or other judicial order 

are effective only during the Congress in which they are adopted. If the judicial proceedings in question extend into the next Congress, it may be necessary to seek another authorizing resolution, which may be offered as a 

question of privilege. Deschler Ch 11 §§ 18.1, 18.2. An authorization to ensure continuation of judicial proceedings commenced in a prior Congress 

has been included in the opening-day rules package of the next Congress. 

111-1, Jan. 6, 2009, p ll. 

§ 11. — Conditions or Limitations on Response 

Prior to the adoption of rule VIII, when the House authorized a response to a subpoena by resolution on an ad hoc basis, the House occasionally imposed various conditions or limitations, such as: 

0 Permitting copies, but not original documents, to be produced. Manual 

§ 291a; Deschler Ch 11 § 18. 

0 Limiting disclosure to certified copies of relevant documents. Manual 

§ 291a. 

0 Prohibiting disclosure of information acquired in one’s official capacity. 

Deschler Ch 11 § 17.6. 

0 Prohibiting disclosure of information not previously made public. Deschler 

Ch 11 § 17.10. 

0 Limiting disclosure to certain files and specified documents and only for 

inspection and copying. Deschler Ch 11 § 17.9. 

732 

§ 12 HOUSE PRACTICE

0 Permitting disclosure only on a determination of relevancy. 94-2, Mar. 31, 

1976, p 8885. 

0 Permitting disclosure of certain documents but barring personal appearances. Deschler Ch 14 § 15.14. 

0 Permitting personal appearances but barring production of certain records. 

Deschler Ch 11 § 18. 

0 Permitting production of original documents for laboratory examination but 

providing for their return. Manual § 291a. 

0 Permitting a Member to respond only when the House is not in session. 

94-1, Dec. 1, 1975, p 37888. 

§ 12. Disclosure of Executive-Session Materials 

The House traditionally has required that executive-session materials be 

released only when specifically permitted by authorizing resolution. Deschler Ch 11 § 18.4. This practice is continued under clause 6(b) of rule VIII, 

which states that under no circumstances shall any minutes or transcripts of 

executive sessions, or any evidence of witnesses in respect thereto, be disclosed or copied. Manual § 697. Before the adoption of rule VIII, the House 

by resolution asserted the privileges of the House against the release of executive-session materials or permitted the disclosure only after a judicial 

finding of relevancy. Manual § 291a. 

§ 13. Providing for Legal Counsel 

Statutory Authorization 

Legal counsel, through the Department of Justice, is available to an officer of the House (but not its Members) to defend the officer against actions brought against such officer while discharging official duties or executing an order of the House. The district attorney for the district where the 

action is brought is directed on request to enter an appearance on behalf 

of the officer. 2 USC § 118. This procedure has been followed in actions 

involving the House, the Speaker, the chair of the Committee on Rules, the 

Clerk, and the Sergeant-at-Arms. Manual § 291b; Deschler Ch 11 § 16. 

Authorization by Resolution 

Occasionally, the House has authorized by resolution the appointment 

of special counsel to represent an officer or Member or employee who has 

been served with process. Such a resolution ordinarily is presented as a 

733 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 14 

question of the privileges of the House. Deschler Ch 11 §§ 19.1, 19.3. Pursuant to such a resolution, the House has authorized: 

0 The Speaker to appoint or retain counsel to represent the House and its employees. Deschler Ch 11 § 19.1. 

0 The chair of a committee, with the approval of the Speaker, to retain special counsel. Manual § 291b. 

0 The Sergeant-at-Arms, with the approval of the Speaker and the chair of 

the Committee on House Administration, to retain special counsel. Manual § 291b. 

0 The retention of special counsel to represent the interests of a subcommittee. Manual § 291b. 

0 The retention of special counsel to represent members of a committee and 

its employees. Deschler Ch 11 § 19.2. 

Representation by General Counsel 

Clause 8 of rule II provides for an Office of General Counsel to provide 

legal assistance and representation to the House. The office assists and provides representation to Members, committees, officers, and employees in 

complying with legal process under rule VIII. 

B. Consideration 

§ 14. Raising and Presenting the Question 

In the House; Use of Resolutions 

Questions of the privileges of the House are brought before the House 

in the form of a resolution. 3 Hinds § 2546; 8 Cannon § 3464; Deschler Ch 

11 § 4.2. Under rule IX such a resolution is privileged when called up by 

any Member. 3 Hinds § 2536; § 2, supra. However, its privilege is subject 

to a two-day notice requirement for Members other than the Majority Leader 

or the Minority Leader, which must include an announcement of the form 

of the resolution. Such announcement may be dispensed with by unanimous 

consent. Manual § 699. The Speaker designates the time for consideration 

within two legislative days after the announcement, which may include immediate consideration. Under rule IX the Majority and Minority Leaders 

may offer the resolution at any time, yielding only to the motion to adjourn. 

Manual § 699. The form of the announcement follows: 

Form 

MEMBER (OTHER THAN MAJORITY OR MINORITY LEADER): Ml. Speaker, pursuant to clause 2(a)(1) of rule IX, I rise to give notice of my intent 

to raise a question of the privileges of the House. The form of the resoluVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00743 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
734 

§ 14 HOUSE PRACTICE

tion is as follows: [Note: The Member may read the resolution in full or 

may ask unanimous consent to dispense with the reading.] 

SPEAKER: Under rule IX, a resolution offered from the floor by a Member other than the Majority Leader or the Minority Leader as a question 

of the privileges of the House has immediate precedence only at a time 

designated by the Chair within two legislative days after the resolution is 

properly noticed. Pending that designation, the form of the resolution noticed by the gentlell from lll will appear in the Record at this 

point. The Chair will not at this point determine whether the resolution 

constitutes a question of privilege. That determination will be made at the 

time designated for consideration of the resolution. 

The form of calling up the resolution follows: 

Form 

MEMBER: Ml. Speaker, I rise to a question of the privileges of the 

House, and offer the resolution previously noticed. 

SPEAKER: The Clerk will report the resolution. [Clerk reports the resolution in full. Manual § 713.] 

SPEAKER: The resolution qualifies. 

[Or] 

SPEAKER: Does the gentlelll wish to present argument on why the 

resolution is privileged under rule IX to take precedence over other questions? 

[Or] 

OPPONENT: Ml. Speaker, I make a point of order that the 

gentlelll does not present a question of privilege. 

SPEAKER: The Chair will entertain argument as to whether the resolution constitutes a question of privilege. 

Under rule IX, a question of the privileges of the House having been 

raised, the Speaker initially decides whether the question presented constitutes a question of the privileges of the House, and rules as to the validity 

of the question raised. Manual § 713; Deschler Ch 11 §§ 6.1, 6.2. The 

Speaker makes this decision at the time the question of privilege is called 

up, not at the time notice is given. Manual § 713. Appeal may be taken from 

the Chair’s ruling, however, because the final determination as to the validity of the question rests with the House. Deschler Ch 11 § 6.3. 

The question having been properly raised on the floor by a Member, 

the Speaker must entertain the question and rule on its admissibility. 2 

Hinds § 1501; 3 Hinds §§ 2648-2650; Deschler Ch 11 § 1; 6 Cannon § 35. 

If the matter is not admissible as a question of the privileges of the House, 

the Speaker may refuse recognition. Deschler Ch 11 § 6.1. 

The resolution must show a prima facie breach of the privileges of the 

House. The mere statement that the privileges of the House have been violated does not present a question of privilege. Deschler Ch 11 § 4.1. 

735 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 15 

A question of privilege may not be presented during a call of the House 

in the absence of a quorum unless it relates to the immediate proceedings. 

3 Hinds § 2545. A Member’s announcement of intent to offer a resolution 

as a question of privilege may take precedence over a special order of business reported from the Committee on Rules. However, where a special order 

of business is pending, such announcements are counted against debate on 

the resolution absent unanimous consent to the contrary. Manual § 709. 

In Committee of the Whole 

A question of the privileges of the House may not be raised in the 

Committee of the Whole. Deschler Ch 11 § 4.3. A breach of the privilege 

in the Committee of the Whole relates to the dignity of the House and, if 

such breach is raised, the Committee rises and reports to the House. 2 Hinds 

§ 1657. Without the Committee’s report to the House, the question of privilege cannot be raised in the House. 4 Hinds § 4912. 

§ 15. Debate; Disposition 

A resolution offered under rule IX is read in full. Manual § 700. A 

Member offering the resolution is recognized under the hour rule. Deschler 

Ch 11 § 7.1. Under clause 2(a) of rule IX, the hour allotted for debate on 

a resolution offered from the floor as a question of the privileges of the 

House must be equally divided between the proponent of the resolution and 

the Majority Leader or the Minority Leader or a designee, as determined 

by the Speaker. Manual § 699. Members must confine remarks in debate to 

the question raised. Deschler Ch 11 § 7.2. 

A question of the privileges of the House is subject to disposition by 

the ordinary motions permitted under clause 4 of rule XVI (Manual § 709), 

including: 

0 The motion to lay on the table. 5 Hinds § 5438; 6 Cannon § 560. 

0 The motion for the previous question. 5 Hinds § 5460; 8 Cannon § 2672; 

Deschler Ch 11 § 7.3. 

0 The motion to postpone. 3 Hinds § 2536. 

0 The motion to refer (or to commit) to committee. Manual § 713; 8 Cannon 

§ 3461; Deschler Ch 11 § 7.4. 

Tabling a resolution raising a question of the privileges of the House 

is considered a final adverse disposition of that resolution, although the 

question may be rephrased and presented anew or reoffered on a subsequent 

day. 5 Hinds § 5438. Any appeal from a decision by the Speaker disposing 

of the question is likewise subject to the motion to lay on the table. Deschler Ch 11 § 6.3. 

736 

§ 16 HOUSE PRACTICE

A committee report that is submitted as a matter involving the privileges of the House may be considered on the same day reported, notwithstanding the three-day availability rule under clause 4(a) of rule XIII. Deschler Ch 11 § 5.10. A proposition to discharge a committee from a question 

of privilege is itself privileged. 3 Hinds § 2709. 

A resolution that presents a proper question of the privileges of the 

House (alteration of subcommittee hearing transcripts) may propose the creation of a select investigatory committee with subpoena authority to report 

back to the House by a certain date. Manual § 704. 

III. Personal Privilege 

A. Basis of Privilege 

§ 16. In General 

Under clause 1 of rule IX, questions of personal privilege are defined 

as those that affect the ‘‘rights, reputation, and conduct’’ of individual 

Members in their representative capacity. Under this rule, a Member may 

rise to a question of personal privilege from the floor to respond to criticism 

of integrity in such Member’s representative capacity. Manual §§ 708, 711. 

A statement challenging the integrity of an official transcript of a committee 

hearing, thus impugning the integrity of those Members responsible for its 

preparation, has given rise to a question of personal privilege. Deschler Ch 

11 § 25.2. However, charges that do not involve the Member in a representative capacity, such as charges relating to conduct before becoming a Member, do not give rise to a question of personal privilege. 3 Hinds §§ 2691, 

2723, 2725. 

To give rise to a question of personal privilege, the criticism must reflect directly on the Member’s integrity or reputation. Deschler Ch 11 

§ 24.1. Mere statements of opinion about or general criticism of a Member’s 

actions, voting record, or views, do not constitute grounds for a question 

of personal privilege. 3 Hinds §§ 2712-2714; Deschler Ch 11 §§ 24.2, 24.3. 

Thus, a charge that a Member’s actions amount to a ‘‘public scandal,’’ even 

when made by the President (6 Cannon § 525), or that a Member distributed 

certain improper questionnaires (Deschler Ch 11 § 24.1), or that a Member 

filed a minority report that had been written by employees of a political 

party (Deschler Ch 11 § 24.4), does not give rise to a question of personal 

privilege. 

Published charges relating to the House or the Members generally or 

to ‘‘persons advocating’’ a certain measure, with no Member being named 

737 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 18 

or otherwise identified, do not give rise to a question of personal privilege. 

Deschler Ch 11 §§ 33.1-33.3. 

A question of privilege may not be used to collaterally attack the rules 

or orders of the House. A refusal by those in charge of the time for general 

debate on a bill to allot time to a Member does not give that Member 

grounds for a question of personal privilege. Deschler Ch 11 § 24. 

§ 17. Charges by a Fellow Member; Words Used in Debate 

Generally 

Statements off the floor by a Member accusing another Member of 

lying or intentionally making a false statement may give rise to a question 

of personal privilege. Similarly, statements by a Member impugning another 

Member’s motives or veracity, accusing another Member of traitorous acts, 

of gross political interference with a government contract, of an abuse of 

personal power, or of sponsoring a smear campaign may give rise to a question of personal privilege. 3 Hinds § 2717; Deschler Ch 11 §§ 26.2-26.8. It 

is not necessary that the Member be identified by name if it is clear from 

other sources that the reference was to a particular Member. 3 Hinds § 2709; 

6 Cannon §§ 616, 617; Deschler Ch 11 § 26.1. 

Words Uttered in Debate or Inserted in the Congressional Record 

A question of personal privilege may not be based on language uttered 

on the floor of the House in debate or conveyed by an exhibit used in debate, the remedy being a timely demand that the objectionable words be 

taken down when spoken. Manual § 708; 8 Cannon § 2537; Deschler Ch 11 

§ 27.1; see generally CONSIDERATION AND DEBATE. However, a Member 

may base such a question on objectionable remarks inserted under leave to 

revise and extend remarks. 8 Cannon § 2537; Deschler Ch 11 §§ 27.2-27.5. 

A Member may also base such a question on press accounts of remarks uttered on or off the floor impugning such individual’s character or personal 

motives. Manual § 708. Charges reflecting on a Member’s integrity or reputation, inserted in the Congressional Record by a Senator, also may give 

rise to a question of personal privilege. Deschler Ch 11 §§ 27.6-27.9. 

§ 18. Charges in the Press 

Generally 

Criticism of a Member in the press may give rise to a question of personal privilege where the criticism reflects on integrity or conduct in a representative capacity. Deschler-Brown Ch 29 § 10.75. However, vague 

charges in newspaper articles (6 Cannon § 570), criticisms (3 Hinds §§ 2712- 

738 

§ 18 HOUSE PRACTICE

2714), or even misrepresentations of the Member’s speeches or acts or responses in an interview have been held insufficient grounds (Manual § 708; 

3 Hinds §§ 2707, 2708). The mere allegation that there has been a violation 

of the rules of the House, such as that votes have been improperly paired 

or that a bill has been placed on the incorrect calendar, does not give rise 

to a question of personal privilege. 3 Hinds § 2616; 8 Cannon § 3094. However, where the allegation impugns a Member’s character or motives or reflects on reputation or integrity, a question of personal privilege may arise. 

Deschler-Brown Ch 29 § 60.27. For example, language in a newspaper asserting that a Member would divide the Nation and that he was a spokesman 

for the forces of betrayal was held to involve a question of personal privilege. Deschler Ch 11 § 31.3. Charges that a Member is a fascist sympathizer 

or that he has engaged in conduct inimical to the national security also have 

given rise to questions of personal privilege. Deschler Ch 11 §§ 31.4-31.18. 

Other charges in the press that have given rise to a question of personal 

privilege include allegations of: 

0 Misuse of public funds. Deschler Ch 11 § 30.1. 

0 Conflict of interest. Deschler Ch 11 §§ 30.6, 30.7. 

0 Deceptive or disgraceful conduct reflecting on the House. Deschler Ch 11 

§§ 30.2, 30.15, 30.16. 

0 Dereliction of duties. Deschler Ch 11 § 30.3. 

0 Confiscation of evidence. Deschler Ch 11 § 30.4. 

0 Unworthy motives in taking certain legislative action. 6 Cannon § 576; 8 

Cannon § 2216. 

0 Improper conduct in agency dealings. Deschler Ch 11 § 30.17. 

0 Abuse of the franking privilege. Deschler Ch 11 § 30.18. 

0 Engagement in improper lobbying activities. Deschler Ch 11 § 30.6. 

0 Introduction of legislation in which the Member had a personal interest. 

Deschler Ch 11 § 30.7. 

0 Wrongful claim of ‘‘out of pocket’’ expenses in a fundraising activity. 94- 

2, Feb. 23, 1976, p 4062. 

Criticism of Committee Activities 

Criticism impugning the motives or actions of a chair or member of a 

committee may give rise to a question of personal privilege. Deschler Ch 

11 § 30.11. Thus, a Member has been recognized to rise to a question of 

personal privilege to respond to the following press charges: 

0 Allegation of improper disposition of classified documents from committee 

files. 94-2, Mar. 9, 1976, p 5825. 

0 Allegations of abuse of power or improper action in carrying out committee 

responsibilities. Deschler Ch 11 §§ 30.8-30.14. 

0 Allegation of improper hire of staff who did no work for the committee. 

94-2, May 25, 1976, p 15344. 

739 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 18 

0 Denigration of Member in televised committee proceedings. Manual § 708. 

0 Allegation that a committee chair had been buying votes. Manual § 708. 

Normally, however, a question concerning charges as to the propriety 

of committee procedure, as distinct from charges against the Member’s conduct in a representative capacity, should be raised as a question of the privileges of the House, assuming that the dignity and integrity of the House proceedings are at issue. 

Charges of Illegality 

Charges in the press that a Member did something illegal in such Member’s representative capacity give rise to a question of personal privilege. 

3 Hinds § 1829; Deschler Ch 11 §§ 29.1, 29.3. Such a question has arisen 

on publication of charges that a Member committed the following acts: 

0 Treason or sedition. Deschler Ch 11 § 29.6. 

0 Forgery. Deschler Ch 11 § 29.2. 

0 Corruption and bribery. 3 Hinds § 1830. 

0 Criminal conspiracy or perjury. Deschler Ch 11 § 29.5. 

0 Tax evasion and irregularities. Deschler Ch 11 §§ 29.4, 29.5. 

0 Violation of the securities laws. 95-2, June 2, 1978, p 16056. 

Speaker Wright rose to a question of personal privilege to respond to 

a ‘‘statement of alleged violations’’ pending in the Committee on Standards 

of Official Conduct (now Ethics); and, pending the committee’s disposition 

of his motion to dismiss, announced his intention to resign as Speaker and 

as a Member. Speaker Gingrich rose to a question of personal privilege to 

discuss his own official conduct previously resolved by the House. A committee chair rose to a question of personal privilege to discuss his own official conduct, which question was based on a letter of reproval reported by 

the Committee on Standards of Official Conduct (now Ethics). Manual 

§ 708. A committee chair rose to a question of personal privilege to discuss 

alleged violations of Federal tax law. 110-2, Sept. 10, 2008, p 18419. 

Charges of Impropriety 

A charge of vote-selling in a conflict-of-interest case or involvement 

with an organization being investigated by a Senate committee or of conduct 

characterized as reprehensible has given rise to a question of personal privilege. Deschler Ch 11 §§ 28.1-28.3. Speaker Hastert rose to a question of 

personal privilege to respond to charges of impropriety in his selection of 

a Chaplain. Manual § 708. 

The publication of vague charges accusing Members of impropriety, 

however, does not give rise to a question of personal privilege or of the 

privileges of the House. 3 Hinds § 2711. No question of personal privilege 

740 

§ 19 HOUSE PRACTICE

was held to arise from the publication of remarks attributed to a Member 

who denied making them. 3 Hinds § 2708. 

Charges Impugning Veracity 

Published charges that a Member made a false statement may give rise 

to a question of personal privilege. 3 Hinds § 2718; Deschler Ch 11 §§ 32.1, 

32.2. For such a charge to give rise to this question of privilege, however, 

it must be alleged that the Member made a false statement knowingly, with 

intent to deceive. 3 Hinds § 2721. A mere difference of opinion over a factual matter, where there is no intent to deceive, does not give rise to a question of personal privilege. 3 Hinds §§ 2720, 2721. 

B. Consideration 

§ 19. Raising the Question; Procedure 

Unlike questions of the privileges of the House, which must be raised 

by resolution, questions of personal privilege are ordinarily raised orally. 

Deschler Ch 11 § 20. 

The Member, before proceeding with debate on a question of personal 

privilege, must state to the Speaker the grounds on which the question is 

based. Deschler Ch 11 § 21.1. In ruling on the question, the Speaker may 

insist that the offending material, if published, be submitted for examination. 

Compare Deschler Ch 11 § 21.2 with § 21.3. 

MEMBER: Ml. Speaker, I rise to a question of personal privilege. 

SPEAKER: The gentlelll will state the question of personal privilege. . . . 

[Or] 

SPEAKER: The Chair is aware of valid bases for the gentlelll’s 

question of personal privilege. The gentlelll is recognized for one 

hour. 

In Committee of the Whole 

Questions of personal privilege are raised in the House, not in the Committee of the Whole. Deschler Ch 11 § 21.4. Early precedents suggest, however, that a question of personal privilege may be raised in the Committee 

of the Whole if the matter in issue arose during the Committee proceedings. 

3 Hinds §§ 2540-2544. A question of personal privilege alleged to have arisen in the Committee of the Whole cannot be raised in the House unless the 

matter was reported to it by the Committee. Manual § 711; 4 Hinds § 4912; 

see also § 17, supra, for a discussion that words spoken in debate do not 

give rise to a question of personal privilege. 

741 

CHAPTER 42—QUESTIONS OF PRIVILEGE § 20 

§ 20. Debate on the Question 

Debate on a question of personal privilege is ordinarily under the hour 

rule. 5 Hinds § 4990; 8 Cannon § 2443; Deschler Ch 11 § 22.1. The Member 

recognized on the question controls the hour. Manual § 713. A Member 

wishing to respond to another Member’s debate on a question of personal 

privilege may do so in a special-order speech. Deschler Ch 11 § 22.2. 

In rising to a question of personal privilege, the Member should confine 

all remarks to the statements or issues giving rise to the question. Manual 

§ 713; 5 Hinds §§ 5075, 5076. However, the Member is entitled to discuss 

related matters necessary to challenge the charge that has been made against 

such Member. Deschler Ch 11 § 22.5. Members should limit their remarks 

to the matter concerning themselves personally, and should not use debate 

time to level charges against other Members. 5 Hinds § 5078; 8 Cannon 

§§ 2481-2483. Remarks should be kept within limits consistent with the spirit of the rule, and Members may not use the privilege as a vehicle for discussions not otherwise in order. 8 Cannon § 2448. 

In lieu of raising a question of personal privilege, a Member may use 

a one-minute or special-order speech to respond to the charge or allegation. 

Deschler Ch 11 § 22.4. Another option available to the Member is merely 

to insert remarks in the Congressional Record, without using debate time. 

94-2, Feb. 23, 1976, p 4062. 

743 

Chapter 43 

Quorums 

A. GENERALLY; QUORUM REQUIREMENTS

§ 1. In General 

§ 2. What Constitutes a Quorum 

§ 3. Business Requiring a Quorum; Effect of Quorum Failure 

§ 4. Motions Requiring a Quorum 

§ 5. The Count to Determine a Quorum 

B. POINTS OF ORDER OF NO QUORUM

§ 6. When in Order; Former and Modern Practice Distinguished 

§ 7. Objections to Vote Taken in Absence of Quorum 

§ 8. Timeliness and Diligence in Raising Objections 

§ 9. When Dilatory; Effect of Prior Count 

§ 10. Withdrawal of Point of Order 

C. QUORUM CALLS

§ 11. In General 

§ 12. The Motion for a Call 

§ 13. The Call to Compel Attendance of Absent Members 

§ 14. The Automatic Call 

§ 15. Use of Electronic Equipment 

§ 16. Names Published and Recorded on a Call 

§ 17. Quorum Calls in Committee of the Whole 

§ 18. Motions in Order During the Call 

§ 19. Securing Attendance; Arrests 

§ 20. Dispensing With Further Proceedings 

Research References 

U.S. Const. art. I, § 5 

4 Hinds §§ 2884-3055 

6 Cannon §§ 638-707 

Deschler Ch 20 

Manual §§ 982, 1014-1029 

744 

§ 1 HOUSE PRACTICE

A. Generally; Quorum Requirements 

§ 1. In General 

Constitutional Requirements and the House Rules 

Under the Constitution, a majority of each House constitutes a quorum 

to do business, although a smaller number may adjourn from day to day 

or compel the attendance of absent Members. U.S. Const. art. I, § 5, cl. 1. 

Because the presence of a quorum is a constitutional requirement, and because a point of order of no quorum is the only method available to a Member to enforce that requirement, the Speaker has been reluctant to withhold 

recognition for a point of order of no quorum when raised in accordance 

with the rules of the House. Deschler Ch 20 §§ 14.2, 14.3. Quorum requirements for committees, see COMMITTEES. 

The Constitution does not further define those legislative proceedings 

that are to constitute ‘‘business’’ for purposes of the quorum requirement. 

‘‘Business’’ in this context has become a term of art that, under the House 

rules and precedents, does not encompass all parliamentary proceedings. For 

example, the prayer, administration of the oath, and certain motions incidental to a call of the House do not constitute business requiring a quorum. 

Deschler Ch 20 § 18 (note 10). Indeed, clause 7(a) of rule XX specifically 

prohibits the entertainment of a point of order of no quorum unless a question has been put to a vote. See § 3, infra. The House has determined by 

adopting such a rule that the mere conduct of debate, where the Chair has 

not put the pending proposition to a vote, is not conducting ‘‘business’’ 

under article I, section 5, clause 1 of the Constitution. Because the adoption 

of such a rule is viewed by the House as a proper exercise of its rule-making authority under article I, section 5, clause 2 of the Constitution, there 

is no constitutional basis for a point of order of no quorum during debate 

in the House. Manual § 1029. 

Presumptions as to the Presence of a Quorum 

A quorum is presumed to be present unless a point of no quorum is 

entertained and the Chair announces that a quorum is in fact not present 

or unless the absence of a quorum is disclosed by a vote or by a call of 

the House. Deschler Ch 20 § 1. Although it is not the duty of the Chair to 

take cognizance of the absence of a quorum unless otherwise disclosed, failure of a quorum to participate in a record vote cannot be ignored. The Chair 

must announce that fact although it was not objected to from the floor. 4 

Hinds §§ 2953, 2963; 6 Cannon §§ 565, 624; Deschler Ch 20 § 1. 

745 

CHAPTER 43—QUORUMS § 3 

§ 2. What Constitutes a Quorum 

A quorum of the House is defined as a majority of those Members 

sworn and living, whose membership has not been terminated by resignation 

or by House action. Manual § 53; 4 Hinds §§ 2889, 2890; 6 Cannon § 638; 

Deschler Ch 20 § 1; § 5, infra. Thus, when there are no vacancies, a quorum 

to do business is 218 Members. When the membership has been reduced 

by reason of death, resignation, expulsion, disqualification, or removal to 

432, a quorum to do business is 217 Members. 94-2, June 18, 1976, p 

19312. This long-standing practice was codified in the 108th Congress by 

adoption of clause 5(c) (now 5(d)) of rule XX. Clause 5(d) also requires 

the Speaker to announce the reduced whole number of the House, which 

is not subject to appeal. In the case of a death, the Speaker may lay before 

the House such documentation from Federal, State, or local officials deemed 

pertinent. 

Clause 5(c) of rule XX provides for the calculation of a ‘‘provisional’’ 

quorum should catastrophic circumstances prevent Members from responding to a quorum call. Such catastrophic circumstances include ‘‘natural disaster, attack, contagion or similar calamity rendering Representatives incapable of attending the proceedings of the House.’’ Clause 5(c)(4)(A). In such 

circumstances, Members who are able to respond to a call of the House constitute the ‘‘provisional number of the House’’ and a quorum is determined 

on the basis of this number. Manual § 1024a. 

Under clause 6(a) of rule XVIII, a quorum in the Committee of the 

Whole is 100 Members. Manual § 982. The quorum required in the House 

as in the Committee of the Whole is a quorum of the House and not a 

quorum of the Committee of the Whole. 6 Cannon § 639. 

§ 3. Business Requiring a Quorum; Effect of Quorum Failure 

In General 

In Jefferson’s time, the Speaker did not take the Chair until a quorum 

for business was present. Manual § 310. Under the early practice, a quorum 

was required during debate (4 Hinds §§ 2935-2939) and for other routine activities of the House, such as the reading of the Journal (4 Hinds § 2733), 

the consideration of committee reports (4 Hinds § 2947), and the calling up 

of measures (4 Hinds § 2943). 

Under the modern practice, the Speaker takes the Chair at the hour to 

which the House has adjourned, and there is no requirement that the House 

proceed immediately to establish a quorum. Manual §§ 310, 621. Although 

the Speaker has the authority to recognize for a motion for a call of the 

746 

§ 3 HOUSE PRACTICE

House at any time, a point of order of no quorum does not lie in the House 

unless the Speaker has put the pending question to a vote. Clause 7(a) of 

rule XX; Manual § 1027; § 12, infra. Accordingly, for example, the Chair 

may not entertain a point of order of no quorum during debate in the House 

or during the offering of the prayer or the administration of the oath. 

The pendency of a unanimous-consent request in the House is not 

equivalent to the Chair’s putting a pending question to a vote and does not 

permit a point of order of no quorum under clause 7(a) of rule XX. Deschler-Brown Ch 29 § 23.13. 

Business Precluded in Absence of Quorum 

The House cannot conduct business after the absence of a quorum has 

been announced. Manual § 55; Deschler Ch 20 §§ 1.5, 10.4. This includes 

business by unanimous consent. Manual § 1025. Even the Member who 

made the point of order of no quorum cannot then withdraw it by unanimous consent, as such a request would constitute business. 4 Hinds §§ 2928- 

2931; 6 Cannon § 657; Deschler Ch 20 § 10.4 (note). For example, where 

the announced absence of a quorum has resulted in a vote by the yeas and 

nays under clause 6 of rule XX, the House may not, even by unanimous 

consent, vacate the vote in order to conduct another voice vote in lieu of 

the record vote. 

When the House authorizes the Speaker under clause 5 of rule XX to 

compel the attendance of absent Members, the Speaker requests the Sergeant-at-Arms to proceed with necessary and efficacious steps to secure a 

quorum. The Speaker then announces that, pending the establishment of a 

quorum, no further business, including unanimous-consent requests for recess authority, may be entertained. Manual § 1025. 

If a quorum does not respond on a call of the House or on a record 

vote, even the most highly privileged business must terminate. 4 Hinds 

§ 2934; 6 Cannon § 662. The House then has only two alternatives: to adjourn or to continue the proceedings under a pending call of the House until 

a quorum of record is obtained. Deschler Ch 20 §§ 10.10-10.12. If a call 

of the House is ordered, the House must first secure a quorum before disposing of the pending matter de novo. Deschler Ch 20 §§ 10.5-10.7. 

For a discussion of quorum failures due to catastrophic circumstances, 

see § 2, supra. 

747 

CHAPTER 43—QUORUMS § 4 

§ 4. Motions Requiring a Quorum 

In General 

Under clause 7(a) of rule XX, the putting of a question to a vote triggers the admissibility of a point of order of no quorum, thereby permitting 

the Speaker to entertain a point of order of no quorum if the motion is one 

that requires a quorum for adoption. Manual § 1027. Thus, a Member may 

make a point of order of no quorum when the Speaker has put the question 

on a motion to suspend the rules. However, where the Speaker postpones 

further proceedings on a motion to suspend the rules, the question is no 

longer being put to a vote for purposes of permitting a point of order of 

no quorum until the question recurs as unfinished business. Manual § 1026. 

Motions Incident to a Call of the House 

The motion for a call of the House, or a motion incidental to a call 

of the House, does not require a quorum for adoption. Manual § 1025; 

Deschler Ch 20 § 2.8. Under clause 7(b) of rule XX, further proceedings are 

considered dispensed with when a quorum is established pursuant to the call 

unless the Speaker recognizes for a motion to compel attendance of Members. Manual § 1028. For a discussion of motions in order during a call of 

the House, see Manual § 1024. 

The Motion to Adjourn 

A quorum is not required on an affirmative vote on a simple motion 

to adjourn. Deschler Ch 20 §§ 8.7, 8.8. However, a point of no quorum on 

a negative vote on adjournment is in order and, if sustained, precipitates a 

call of the House. Manual § 1025; 6 Cannon § 700; Deschler Ch 20 § 8.13. 

A quorum is required for the adoption of a motion that when the House 

adjourns that day it adjourn to a day and time certain. Manual § 913. A 

quorum also is required on a concurrent resolution providing for adjournment sine die but not on a motion to adjourn that implements such a concurrent resolution. Deschler Ch 20 §§ 8.9, 8.10. 

The Motion to Rise 

A quorum is not required on an affirmative vote on a simple motion 

that the Committee of the Whole rise (see § 6, infra), but a negative voice 

vote or division vote permits a point of no quorum pending the demand for 

a recorded vote. See Deschler Ch 20 § 16.7. A quorum is required on an 

affirmative vote on a motion to rise and report. 4 Hinds § 2973. 

748 

§ 5 HOUSE PRACTICE

§ 5. The Count to Determine a Quorum 

Counting Those Present Together With Those Voting 

Until 1890 the view prevailed in the House that it was necessary for 

a majority of the Members to vote on a matter submitted to the House in 

order to satisfy the constitutional requirement for a quorum. Under that practice the opposition might break a quorum simply by refusing to vote. 4 

Hinds § 2977. That practice was changed in 1890 with the historic ruling 

by Speaker Reed, later embodied in clause 4(b) of rule XX, that Members 

present in the Chamber but not voting would be counted in determining the 

presence of a quorum. Manual § 1020; 4 Hinds § 2895; Deschler Ch 20 § 3. 

This ruling was upheld by the Supreme Court in United States v. Ballin, 

144 U.S. 1 (1892), the Court declaring that the authority of the House to 

transact business is ‘‘created by the mere presence of a majority.’’ Since 

1890, the point of order as to the absence of a quorum is that no quorum 

is present, not that no quorum has voted. 4 Hinds § 2917. 

A quorum may be expressed as a fraction in which the numerator is 

the number of Members who are present and the denominator is the number 

of Members who are extant. As the issue in Ballin was Speaker Reed’s 

method of counting the number of Members present, the decision of the Supreme Court addressed the numerator of this fraction. In dictum the Court 

examined the question ‘‘how shall the presence of a majority be determined?’’ and observed that, because the Constitution does not prescribe any 

method for determining the presence of such majority, it is within the competency of the House ‘‘to prescribe any method which shall be reasonably 

certain to ascertain the fact.’’ In 1906, consistent with the dictum in Ballin, 

Speaker Cannon employed the still-current method of counting the number 

of Members extant. After reviewing the perspectives of his predecessors 

across the 19th century and with special regard for the considered judgment 

of the Senate on the same question (Senate rule VI), Speaker Cannon held 

that once the House is organized for a Congress ‘‘a quorum consists of a 

majority of those Members chosen, sworn, and living, whose membership 

has not been terminated by resignation or by the action of the House.’’ 4 

Hinds § 2890; 6 Cannon § 638. 

Under clause 5(d) of rule XX (adopted in the 108th Congress), upon 

the death, resignation, expulsion, disqualification, or removal of a Member, 

the Speaker announces any adjustment to the whole number of the House. 

Such an announcement is not subject to appeal. In the case of a death, the 

Speaker may lay before the House such documentation from Federal, State, 

or local officials deemed pertinent. See § 2, supra. 

749 

CHAPTER 43—QUORUMS § 5 

Method of Counting 

Speaker Reed also ruled in 1890 that it was the function of the Speaker 

to determine the presence of a quorum in such manner determined to be 

accurate and suitable by the Chair’s own count or by various other methods. 

4 Hinds § 2932. Under rule XX, the Speaker may direct the use of the electronic system in the Chamber to record the names of the Members voting 

or present. Manual § 1014. In lieu of using the electronic system (if, for example, there is a malfunction in the electronic system), the Speaker has the 

discretion to direct that the presence of Members be recorded by clerks or 

direct that a quorum call be taken by an alphabetical call of the roll. Manual 

§§ 1015, 1019. 

Under clause 4(b) of rule XX, the Chair may count Members who are 

present and do not vote as follows: 

0 Members who are visible, including those behind the railing. Deschler Ch 

20 § 3.6. 

0 Members in the process of leaving the Chamber. Deschler Ch 20 § 3.5. 

0 The Member then occupying the Chair. Deschler Ch 20 § 3.7. 

However, the Chair may not count the following Members: 

0 Members in the cloakrooms out of sight. Deschler Ch 20 § 3.10. 

0 Members entering the Chamber after the Chair announces the result of the 

quorum call. Deschler Ch 20 §§ 3.11-3.13. 

In any case, the Chair’s count of a quorum is conclusive and may not 

be challenged on appeal. Manual § 629. 

The number of Members present for the purpose of determining the absence of a quorum may be established by a count of the number of Members voting on a pending proposition. Deschler Ch 20 § 2.13. However, the 

Chair’s count of those Members standing on a division vote in the House 

does not demonstrate the absence of a quorum because the Chair, in taking 

such a vote, does not count all Members present in the Chamber but only 

those standing. Deschler Ch 20 § 2.18. 

Recounts 

When the Chair is counting to determine if a quorum is present, the 

Chair may recount the House before announcing the result of the count. 

Such recount may be in response to a statement of a Member that more 

Members had entered the Chamber since the first count, thereby establishing 

a quorum. Deschler Ch 20 § 3.18. 

750 

§ 6 HOUSE PRACTICE

B. Points of Order of No Quorum 

§ 6. When in Order; Former and Modern Practice Distinguished 

In the House 

Under the former practice, a point of no quorum was in order in the 

House at any time, even when a Member had the floor in debate. Deschler 

Ch 20 § 13.8. The right of the Member to the floor was suspended until 

a quorum was secured. Deschler Ch 20 § 13.9. A point of no quorum could 

interrupt the reading of the Journal or the reading of a resolution, even 

though the resolution was privileged for consideration. Deschler Ch 20 

§§ 13.11, 13.12, 13.14. 

Under the modern practice, the use of points of order of no quorum 

in the House has been sharply curtailed. Under clause 7(a) of rule XX, a 

point of no quorum is not in order unless a question has been put to a vote, 

notwithstanding the failure of a quorum to have voted on a prior item of 

business no longer pending. 95-1, Sept. 16, 1977, p 29563. Therefore, a 

point of order of no quorum may not be made during the offering of the 

prayer, the administration of the oath, the reception of messages from the 

President or the Senate, the reading of the Journal, or special orders. The 

refusal of the Chair to entertain a point of order of no quorum where prohibited by clause 7(a) is not subject to appeal. Manual § 629. Furthermore, 

the Chair will not entertain a unanimous-consent request to waive the provisions of clause 7(a) of rule XX. 93-2, Dec. 9, 1974, p 38664. 

In Committee of the Whole 

A similarly restrictive rule applies to points of order of no quorum in 

the Committee of the Whole. Clause 6(b) of rule XVIII states that, ‘‘after 

a quorum has once been established on a day,’’ the Chair may not entertain 

a point of order that a quorum is not present unless the Committee is operating under the five-minute rule and the Chair has put the pending question 

to a vote. Manual § 982. A Member may make a point of order of no 

quorum while the Chair is counting those standing in the Committee to support a demand for a recorded vote and before the Chair’s final announcement of the count. At that point the Chair must immediately begin counting 

for a quorum, and the request for a recorded vote remains pending following 

the establishment of a quorum. Manual § 1012. The Chair will resume the 

count for a recorded vote when the requesting Member withdraws the point 

of order of no quorum (which is the usual practice). 

The restriction of clause 6 of rule XVIII against making a point of 

order of no quorum ‘‘after a quorum has once been established on a day’’ 

751 

CHAPTER 43—QUORUMS § 7 

means on that day during consideration of the pending bill, because the 

House resolves itself into a new Committee of the Whole on each bill, with 

a new chair. Manual § 982. The rule restricting points of order of no 

quorum in the Committee after a quorum has once been established is applicable whether the quorum was established by a regular quorum call or a 

‘‘short’’ quorum call. 95-2, June 8, 1978, p 16778. For a discussion of a 

regular quorum call and a short quorum call, see § 17, infra. 

Although a point of order of no quorum may be raised during general 

debate in the Committee of the Whole, the Chair is given the discretion to 

entertain it under clause 6(b) of rule XVIII. Manual § 982. 

A point of order of no quorum does not lie in the Committee against 

the adoption of a motion that the Committee rise, because that motion (as 

distinguished from the motion to rise and report) does not require a quorum 

for adoption. Clause 6(d) of rule XVIII; 4 Hinds §§ 2972, 2975. 

§ 7. Objections to Vote Taken in Absence of Quorum 

In the House 

The rules of the House permit a Member to object to a vote taken in 

the absence of a quorum. An objection to such a vote under clause 6 of 

rule XX, if timely made, necessarily precipitates a call of the House (unless 

the House adjourns or the Chair postpones proceedings under clause 8 of 

rule XX) and, simultaneously, a vote by the yeas and nays on the pending 

question. Manual § 1025. 

The objection to a vote permitted by clause 6 of rule XX applies only 

to votes on questions requiring a quorum. Thus, an objection may not be 

raised under the rule to an affirmative vote on a motion to adjourn or to 

a vote on a motion incidental to a call of the House, neither of which requires a quorum for adoption. 4 Hinds § 2994; 6 Cannon § 681; Deschler 

Ch 20 § 2. 

For further discussion of the ‘‘automatic’’ vote by the yeas and nays 

that ensues under clause 6 of rule XX, see § 14, infra. 

Effect of Postponement 

When a Member objects to a vote on the ground that a quorum is not 

present, and further proceedings are postponed under clause 8 of rule XX 

or by unanimous consent, the Speaker puts the question de novo when the 

measure is again before the House as unfinished business. Members then 

have the same right to object on that ground as when the question was originally put. Deschler Ch 21 § 3.18. Manual § 1026. In the Committee of the 

Whole, when proceedings resume on a request for a recorded vote on an 

752 

§ 8 HOUSE PRACTICE

amendment postponed under clause 6(g) of rule XVIII, the voice vote is acknowledged and the request is announced as pending. At this time, a point 

of order of no quorum may be made. 

§ 8. Timeliness and Diligence in Raising Objections 

In General 

An objection to a vote because of the absence of a quorum must be 

timely raised. Such an objection comes too late when the Speaker has announced the result of the vote and a motion to reconsider has been laid on 

the table. Deschler Ch 20 §§ 13.23, 13.24. However, such objections have 

been held to be timely and in order when they were made: 

0 After the Chair announced that the noes on a voice vote prevailed but before the House proceeded to other business. Deschler Ch 20 § 13.16. 

0 After a parliamentary inquiry that immediately followed the announcement 

of the result of a voice or division vote. 6 Cannon § 698; Deschler Ch 

20 § 13.18. 

0 After a refusal of a demand for the yeas and nays following a division 

vote. Deschler Ch 20 § 13.19. 

0 After a sufficient number have risen to order the yeas and nays but before 

the start of the vote. Deschler Ch 20 § 13.1. 

Timeliness in Seeking Recognition 

An objection to a voice vote on the ground that a quorum is not present 

is timely even after the Chair announces the vote if the Member was standing and seeking recognition at the time the question was put. Deschler Ch 

20 § 13.1. However, the Speaker may decline to recognize a Member to object to a vote because of the absence of a quorum where the Member has 

not shown the proper diligence in seeking recognition. Deschler Ch 20 

§ 13.26. In order to raise such an objection, a Member must be standing and 

actively seeking recognition when the Chair announces the result of the 

vote. Deschler Ch 20 § 13.25. The mere fact that a Member is standing does 

not constitute notice to the Chair that such Member is seeking recognition 

to make such an objection. Deschler Ch 20 § 13.2. 

§ 9. When Dilatory; Effect of Prior Count 

In General 

Although the presence of a quorum is a constitutional requirement, and 

the Speaker has on occasion expressed reluctance to hold a point of order 

of no quorum dilatory for that reason, it has long been recognized as within 

the prerogative of the Chair to refuse to entertain a point of no quorum if 

753 

CHAPTER 43—QUORUMS § 11 

the Chair determines that it was made for the sole purpose of delay where 

the presence of a quorum, as evidenced by an immediately preceding vote 

or quorum call, is apparent. 5 Hinds §§ 5724, 5725; 8 Cannon § 2808; 

Deschler Ch 20 § 14. Since rule XVIII and rule XX were amended to restrict recognition for points of no quorum to instances where the Chair has 

put a question to a vote, the use of repeated points of order as a dilatory 

tactic has lost its efficacy. 

§ 10. Withdrawal of Point of Order 

A point of order that a quorum is not present may be withdrawn, provided the absence of a quorum has not been announced by the Chair; and 

such withdrawal does not require unanimous consent. Deschler Ch 20 

§ 18.5. A point of order of no quorum is considered withdrawn where the 

Chair exercises any postponement authority under clause 6(g) of rule XVIII 

or clause 8 of rule XX. Manual §§ 984, 1026. 

A point of no quorum may not be withdrawn after the absence of a 

quorum has been announced by the Chair (4 Hinds § 2928-2930; 6 Cannon 

§ 657; Deschler Ch 20 § 18), even where the Member making the point of 

order attempted to withdraw it but was not observed by the Chair (103-1, 

June 10, 1993, p 12481). The point may not then be withdrawn even by 

unanimous consent, because the House may not conduct business, including 

the disposition of unanimous-consent requests, in the announced absence of 

a quorum. Deschler Ch 20 § 18.7. The same rule is followed in the Committee of the Whole. Deschler Ch 20 § 18.6. 

A point of no quorum may not be reserved or withheld after the Chair 

has announced that a quorum is not present, no business being in order until 

a quorum is established. Deschler Ch 20 §§ 18.10, 18.11. 

C. Quorum Calls

§ 11. In General 

In the House 

A motion for a call of the House is recognized under general parliamentary law and under the Constitution. 4 Hinds § 2981. The Constitution authorizes a number smaller than a quorum to compel the attendance of absent 

Members. U.S. Const. art. I, § 5. 

754 

§ 12 HOUSE PRACTICE

Rule XX authorizes three separate procedures for a call of the House. 

They are as follows: 

0 The call of the House under clause 6 whenever objection is raised to a vote 

taken in the absence of a quorum. Manual § 1025. This call is sometimes 

referred to as an ‘‘automatic’’ call because it proceeds by operation of 

the rule and does not require a motion. See § 14, infra. 

0 The call of the House under clause 7(b), which permits the Speaker the 

discretion to recognize for a motion for a call of the House at any time. 

See § 12, infra. 

0 The call of the House under clause 5 that is used in the absence of a 

quorum to compel the attendance of absent Members. The Speaker may 

recognize for that motion, which must be adopted by a majority comprising at least 15 Members. See § 13, infra. The call under this clause 

is sometimes referred to as the ‘‘old’’ form of the call, clause 5 having 

been first adopted in 1789. 

In Committee of the Whole 

The provisions of clauses 5, 6, and 7 of rule XX, relating to quorum 

calls in the House, do not apply in Committee of the Whole. Accordingly, 

although a point of order that a quorum is not present will lie in the Committee of the Whole when a question is put, a Member may not object to 

a vote in the Committee on the ground that a quorum is not present. Deschler Ch 20 § 16.1; § 6, supra. In the Committee of the Whole, the quorum 

call and the vote occur seriatim and not simultaneously as they do in the 

House under clause 6 of rule XX. The requirement of, and the procedures 

for, obtaining a quorum in Committee of the Whole are found in clause 6 

of rule XVIII. See § 17, infra. 

§ 12. The Motion for a Call 

Under clause 7(b) of rule XX, a nondebatable motion for a call of the 

House is permitted at any time subject to clause 7(c). Clause 7(c) precludes 

such motion after the previous question has been ordered unless the Speaker 

determines by actual count that a quorum is not present. A motion for a 

call of the House is in order notwithstanding language in clause 7(a) of rule 

XX that a point of order of no quorum may not be entertained unless the 

Speaker has put a pending question to a vote. Manual §§ 1027-1029. Under 

this rule, the Speaker has the discretion at any time to recognize a Member 

to offer the motion. Thus, the Speaker may refuse recognition. Manual 

§ 1029. The motion is privileged if entertained by the Chair. It may be entertained after another Member has been recognized but before such Member has begun debate. Deschler-Brown Ch 29 § 23.15. When a Member is 

755 

CHAPTER 43—QUORUMS § 13 

under recognition for debate, another Member may be recognized to move 

a call of the House only if yielded to for that purpose. 105-2, July 23, 1998, 

p 16989. The motion is not debatable. 6 Cannon §§ 683, 688. 

If the motion is rejected, the House proceeds with business. DeschlerBrown Ch 29 § 20.20. However, if the motion is adopted by a record vote, 

and a quorum is established thereby, a call of the House must proceed unless rescinded by unanimous consent. 94-1, Oct. 22, 1975, p 33688. 

§ 13. The Call to Compel Attendance of Absent Members 

In General 

Clause 5 of rule XX, enabling 15 Members to order a call of the House, 

dates from the earliest Congresses, and for many years was the only rule 

for procuring the attendance of Members. 4 Hinds § 2982. The automatic 

call of the House under clause 6, having been provided for by rule in 1896, 

is described as the call of the House in the new form. It supersedes the old 

form of the call except in cases in which the absence of a quorum is established by some means other than a vote. 4 Hinds § 3041. The call of the 

House on motion under clause 5 or clause 7(b) is in order at the Chair’s 

discretion. On the other hand, the automatic call under clause 6 ensues while 

the House is voting. Manual §§ 1021-1025; 4 Hinds § 2990. 

Recognition for the motion is within the Speaker’s discretion, and the 

motion may not be adopted by fewer than 15 affirmative votes (which may 

include the Chair). Unless that number is present, the motion for the call 

is not entertained. 4 Hinds § 2983. The motion requires a majority vote for 

adoption, and a minority of 15 (or more) favoring the call is not sufficient. 

4 Hinds § 2984. 

If a majority votes to compel attendance under this rule, absentees are 

notified. Manual § 1021. Warrants may be issued by order of a majority of 

those present, and those for whom no sufficient excuse is made may be arrested by the Sergeant-at-Arms. § 19, infra. Members who appear voluntarily 

are admitted to the Hall and report their names to the Clerk to be entered 

on the Journal as present. Manual § 1021. 

When a call of the House is ordered under this rule, the Speaker may 

direct the taking of the call by electronic device or by a call of the roll. 

Manual §§ 1014, 1015. A motion to adjourn takes precedence over a call 

of the House. 8 Cannon § 2642. 

Under the modern practice, clause 5 is seldom used. It should be read 

in light of rule XX clause 7(a), which precludes a point of order of no 

quorum except when the Chair has put a question to a vote, and clause 7(b), 

756 

§ 14 HOUSE PRACTICE

which gives the Speaker discretion to recognize for a call of the House at 

any time. Manual §§ 1027, 1028. 

§ 14. The Automatic Call 

In General 

Under clause 6 of rule XX, a call of the House ensues whenever a 

quorum fails to vote on any question that requires a quorum (assuming that 

the House does not adjourn), if in fact a quorum is not present and objection 

to the vote is made for that reason. The rule provides for a call of the House 

and states that the yeas and nays on the pending question ‘‘shall at the same 

time be considered as ordered.’’ Manual § 1025. The call of the House 

under this clause is sometimes referred to as the ‘‘automatic call’’ because 

it is mandated under the conditions specified by the rule. Deschler Ch 20 

§ 2; 6 Cannon § 695. 

Under this rule the Speaker has the discretion to conduct the call by 

electronic device or to order a call of the roll by the Clerk. Manual § 1025; 

Deschler Ch 20 § 4.2. When the roll is called by the Clerk, the roll is called 

twice; and those appearing after their names are called may vote. 4 Hinds 

§ 3052. The Speaker may count the House to determine whether a quorum 

is present. If the count discloses a quorum, the Speaker declares, pursuant 

to clause 6 of rule XX, that a quorum is constituted; the Speaker is not required to announce the actual count. Manual § 1025. 

Although arrest of Members is rare in modern practice, Members who 

do not respond to the call are subject to arrest by the Sergeant-at-Arms. See 

§ 19, infra. 

The Speaker is authorized to declare that a quorum is constituted if 

those voting on the question, together with those who are present, make up 

a majority of the House. Manual § 1025. Such a declaration dispenses with 

further proceedings. See § 20, infra. The pending question is then decided 

by a majority of those voting, a quorum being present. Manual § 1025. 

Invoking the Call 

The automatic call of the House under clause 6 of rule XX may be invoked by a Member who rises following the announcement of the result of 

a vote to state: 

Ml. Speaker, I object to the vote on the ground that a quorum is not 

present and make a point of order that a quorum is not present. 

If no Member rises to object that a record vote discloses that a quorum is 

not present, the Speaker takes the initiative to declare the absence of a 

quorum, thereby invoking the automatic call. Deschler Ch 20 § 2. 

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CHAPTER 43—QUORUMS § 16 

The automatic call does not apply when the House is voting on a question that does not require a quorum, such as a motion incidental to a call 

of the House or a motion to adjourn decided in the affirmative. Manual 

§ 1025; 4 Hinds § 2994; 6 Cannon § 681. 

§ 15. Use of Electronic Equipment 

In General 

The Speaker is authorized under clause 2(a) of rule XX to use the electronic equipment in the Chamber to record those present for any quorum 

call. Manual § 1014. The use of this equipment is not mandatory. The 

Speaker has discretion, for example, to direct the Clerk to call the roll where 

a quorum fails to vote on any question and objection is made for that reason. Deschler Ch 20 § 4.2. The Speaker also has the discretion under rule 

XX to direct that the quorum call be taken by clerk tellers under clause 4 

or by an alphabetical call of the roll under clause 3, rather than by electronic 

device. Deschler Ch 20 § 4.1. These alternatives are normally used when the 

electronic system is inoperable. Clause 2(b) of rule XX. 

Response Time 

On a call of the House conducted by electronic device, the Members 

have not less than 15 minutes to respond. Clause 2 of rule XX; Manual 

§ 1014. After the 15 minutes have expired, the Chair may allow additional 

time for Members to respond before announcing the result. Deschler Ch 20 

§ 4.3. 

At the beginning of a new Congress, the Speaker has inserted in the 

Congressional Record an announcement that, in order to expedite the conduct of quorum calls (as well as votes) by electronic device, the cloakrooms 

were directed not to forward to the Chair individual requests to hold a 

quorum call open. The Speaker has also announced that each occupant of 

the Chair would have the Speaker’s full support in striving to close each 

electronic quorum call at the earliest opportunity and that Members should 

not rely on signals relayed from outside the Chamber to assume that quorum 

calls will be held open until they arrive. At the same time, the Chair will 

not close a quorum call while Members are in the well attempting to record 

their presence. Manual § 1014. 

§ 16. Names Published and Recorded on a Call 

Under clause 2(a) of rule XX, the names of those Members who respond to a quorum call are entered in the Journal and published in the Congressional Record. Manual § 1014. When the call is taken by clerks, the 

758 

§ 17 HOUSE PRACTICE

clerks record the names of those present and note the names of absentees. 

Manual § 1019. Members responding to a quorum call ordered on motion 

under clause 5 of rule XX must report their names to the Clerk to be entered in the Journal. Manual § 1021. When an automatic call of the House 

ensues under clause 6 of rule XX, Members brought in by the Sergeantat-Arms are noted as present. Manual § 1025. 

Under clause 4(b) of rule XX, any Member may demand, or the Speaker may require, that the names of those Members not voting be noted by 

the Clerk, recorded in the Journal, and reported to the Speaker, along with 

the names of those Members voting, in determining the presence of a 

quorum. Manual § 1020. The Speaker may direct the Clerk to note the 

names of Members under this rule even on a vote for which no quorum 

is necessary. 8 Cannon § 3152. 

§ 17. Quorum Calls in Committee of the Whole 

Regular and ‘‘Notice’’ Quorum Calls Distinguished 

Quorum calls in the Committee of the Whole—to secure the presence 

of at least 100 Members—are governed by the provisions of clause 6 of rule 

XVIII. That rule permits two kinds of quorum calls in the Committee: a 

‘‘regular’’ quorum call and a ‘‘notice’’ or ‘‘short’’ quorum call. Manual 

§ 982. 

A ‘‘regular’’ quorum call is initiated under clause 6(a) of rule XVIII. 

That rule sets forth the circumstances under which the Chair is to invoke 

the procedures normally available to the Speaker for quorum calls in the 

House under the applicable provisions of rule XX. Specifically, clause 2(a) 

of rule XX allows at least 15 minutes for Members to respond and requires 

the publication of the names of those Members answering present. Manual 

§ 1014; see generally §§ 15, 16, supra. 

A ‘‘notice’’ or ‘‘short’’ quorum call is permitted under clause 6(c) of 

rule XVIII. That provision permits the Chair, at any time during a call, subject to the prior announcement, to determine and declare that a quorum is 

present. Proceedings under the call are then considered vacated, and the 

Committee resumes its business. This provision permits the Chair to announce in advance, at the time the absence of a quorum is ascertained, that 

proceedings will be vacated when a quorum appears. It also enables the 

Chair to convert to a regular quorum call in the event that a quorum does 

not appear. The Chair need not convert to a regular quorum call precisely 

at the expiration of 15 minutes if a quorum (100 Members) has not responded on a ‘‘notice’’ quorum call but may continue to exercise discretion 

759 

CHAPTER 43—QUORUMS § 18 

to vacate proceedings at any time during the entire period permitted for the 

conduct of the call by clause 2(a) of rule XX. Manual § 982. 

When in Order 

Under clause 6(a) of rule XVIII, the first time that a Committee of the 

Whole finds itself without a quorum on a day, the Chair must invoke one 

of the quorum call procedures that are available under rule XX. Thereafter, 

quorum calls are permitted only during proceedings under the five-minute 

rule when the Chair has put a pending question to a vote. A point of order 

of no quorum during general debate is permitted only at the discretion of 

the Chair. Manual § 982. 

Method of Taking 

Before installation of the electronic system in the Chamber, quorum 

calls in the Committee of the Whole were effected by a call of the roll. 

4 Hinds § 2966. Under the modern practice, quorum calls are taken by electronic device, but the Chair has the discretion to effect the call by an alphabetical call of the roll or by clerk tellers. Clause 6(a) of rule XVIII, which 

incorporates by reference clauses 2, 3, and 4(a) of rule XX. Thus, the Chair 

may direct that a ‘‘notice’’ quorum call be conducted pursuant to the provisions of clause 4(a) of rule XX—by depositing quorum tally cards with 

clerk tellers—in lieu of conducting the call by electronic device or a call 

of the roll. Deschler-Brown Ch 30 § 31.9. 

The so-called automatic call authorized by clause 6 of rule XX in the 

House is not permitted in the Committee of the Whole. See Deschler Ch 

20 § 7. 

Reports as to Absentees 

The Committee of the Whole rises and the Chair reports the names of 

absentees to the House only in the event that a quorum fails to respond to 

the quorum call under clause 6 of rule XVIII. 

§ 18. Motions in Order During the Call 

Generally 

With the exception of the motion to adjourn, the only motions in order 

during a call of the House are those in furtherance of the effort to secure 

a quorum. 6 Cannon § 682. Motions held not in order include: 

0 Motion to recess. 4 Hinds §§ 2995, 2996. 

0 Motion to dispense with further proceedings under the call. 4 Hinds § 2992. 

0 Motion to excuse Members from voting. 4 Hinds § 3007. 

0 Motion relating to deductions from the pay of Members. 4 Hinds § 3011. 

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§ 19 HOUSE PRACTICE

Motions that are intended to secure a quorum and therefore in order during 

the call of the House include: 

0 Motion that the Speaker issue warrants for the arrest of absent Members. 

6 Cannon § 681. 

0 Motion that the Sergeant-at-Arms take absent Members into custody. 4 

Hinds § 3029; 6 Cannon § 685. 

0 Motion that the Sergeant-at-Arms report progress in securing a quorum. 6 

Cannon § 687. 

0 Motion for the previous question on a proposition incident to a call of the 

House. 5 Hinds § 5458. 

0 Motion to reconsider a vote incident to a call of the House. 5 Hinds 

§§ 5607, 5608. 

Motions to Adjourn 

The motion to adjourn takes precedence over a call of the House. 

Deschler Ch 20 §§ 8.14, 8.15. The vote on the motion is taken before the 

call of the House, even when the motion for the call was offered but not 

finally agreed to before the motion to adjourn. Deschler Ch 20 § 8. Although 

the motion to adjourn is not entertained after the call of the House has been 

ordered, it again becomes available after Members have been given an opportunity to record their presence. Deschler Ch 20 §§ 8.22, 8.23. If the call 

is taken by roll call, the motion to adjourn again becomes in order after the 

conclusion of the second call of the roll if a quorum has not been established. Deschler Ch 20 § 8.19. If the call is taken by electronic device, the 

motion to adjourn again becomes in order after the expiration of 15 minutes 

and need not await the announcement of the result of the call. Deschler Ch 

20 §§ 4.4. 

Clause 6 of rule XX, which authorizes automatic votes by the yeas and 

nays, permits the House to adjourn in the absence of a quorum and before 

a call of the House. Clause 6(c) gives the Speaker discretion to recognize 

a motion to adjourn after the vote has been completed but before the result 

has been announced if the motion has been seconded by a majority of those 

present, to be ascertained by actual count of the Speaker. Manual § 1025. 

§ 19. Securing Attendance; Arrests 

Under Clause 6 of Rule XX 

The attendance of absent Members may be secured under clause 6 of 

rule XX, which provides for the automatic vote by the yeas and nays. Under 

this rule, the Sergeant-at-Arms ‘‘shall proceed forthwith’’ to bring in absent 

Members whenever a quorum fails to vote, a quorum is not present, and 

objection is made for that reason. A Member who is arrested is brought by 

761 

CHAPTER 43—QUORUMS § 19 

the Sergeant-at-Arms before the House and permitted to vote. Manual 

§ 1025. Compulsory attendance or arrest has been rare in the modern practice. 

Under the conditions specified by this rule, the Sergeant-at-Arms is required to detain those who are present and to bring in absentees. 4 Hinds 

§§ 3045-3048. It is not necessary that specific authorization be given by a 

motion (Deschler Ch 20 § 5.14) or by a resolution adopted by those present 

(4 Hinds § 3049). However, to make an arrest under this rule, the Sergeantat-Arms must have possession of a warrant signed by the Speaker. Deschler 

Ch 20 § 5.10 (note). Although the Speaker possesses full authority to issue 

a warrant of arrest for absent Members under this rule (6 Cannon §§ 680, 

702), the Speaker usually does not do so without House authorization 

(Deschler Ch 20 § 5.10). The warrant takes the following form (4 Hinds 

§ 3041): 

To lllll, Sergeant-at-Arms of the House of Representatives, or 

such officer’s deputies: 

Whereas clause 6 of rule XX of the House of Representatives provides 

as follows: llllllll 

Whereas the conditions specified in said rule have arisen, and the following-named Members of the House are absent, to 

wit: llllllllll 

Now, therefore, by virtue of the power vested in me by the House, I 

hereby command you to execute the said order of the House, by taking 

into custody and bringing to the bar of the House said above-named Members; and make due return in what manner you execute the same. 

[Sealed, signed by the Speaker, and attested by the Clerk] 

When arrested, Members are (1) arraigned at the bar, (2) discharged 

from arrest, (3) questioned by the Speaker as to whether or not they wish 

to vote, and (4) permitted to vote. 4 Hinds § 3044. 

Under Clause 5 of Rule XX 

The use of the Office of the Sergeant-at-Arms to procure the presence 

of Members in the Chamber also is permitted by clause 5 of rule XX, which 

authorizes the Speaker to recognize a motion, which requires 15 Members 

to adopt, to compel the attendance of absent Members. § 13, supra. Under 

the rule, a majority of those present, numbering at least 15 Members, may 

order officers appointed by the Sergeant-at-Arms to send for and arrest absentees for whom no excuse is made. Members whose attendance has been 

secured in this manner are detained until discharged under conditions determined by the House. Manual §§ 1021, 1023. Those present may prescribe 

a fine as the condition on which an arrested Member may be discharged. 

4 Hinds § 3013. 

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§ 19 HOUSE PRACTICE

Under this rule, in the absence of a quorum in the House, a motion (or 

other proposition) to arrest absentees and bring them into the Chamber is 

in order. 4 Hinds § 3018; Deschler Ch 20 § 5.6. To compel the attendance 

of absentees by arrest under this rule, the motion: 

0 Must be supported by 15 affirmative votes, and those voting to compel attendance must be in the majority. Deschler Ch 20 § 5.9 (note). 

0 Is in order after a single call of the roll. 4 Hinds § 3015. 

0 Is in order during proceedings to secure a quorum. 6 Cannon § 685. 

0 Is not debatable. 6 Cannon § 686. 

0 May not order the arraignment of absent Members at a future meeting of 

the House. 4 Hinds §§ 3032-3034. 

The motion for the arrest of absentees is in the form of an order to 

the Sergeant-at-Arms, as follows (Deschler Ch 20 § 5.11): 

Ordered, That the Sergeant-at-Arms take into custody and bring to the 

bar of the House such Members as are absent without leave. 

Unless directed by an appropriate motion, the Sergeant-at-Arms, under 

clause 5 of rule XX, has no authority to compel the attendance of absent 

Members. Deschler Ch 20 § 5.9. A motion that merely states that those who 

are not present are to be ‘‘sent for’’ and ‘‘returned,’’ and not allowed to 

leave until the completion of certain business, has been interpreted as requiring the Sergeant-at-Arms to notify absentees but not as bestowing the authority to arrest them and bring them into the Chamber under custody. In 

that case, no timely point of order was raised against the motion due to lack 

of a quorum. Therefore, the motion was held to be binding on the Speaker 

and other Members. Deschler Ch 20 § 5.3. 

After agreement to the appropriate motion, warrants for the arrest of absent Members are signed by the Speaker or Speaker pro tempore. Deschler 

Ch 20 § 5. Leave for a committee to sit during sessions does not release 

its members from liability to arrest. 4 Hinds § 3020. 

Closing or Locking the Chamber Doors 

Although it was Jefferson’s view that as a matter ‘‘[o]f right, the door 

of the House ought not to be shut,’’ the House rules have from time to time 

given the Speaker the authority to order the closing of the Chamber doors 

in connection with securing a quorum. Manual § 380; Deschler Ch 20 § 6. 

Clause 4 of rule XX, adopted in 1972, states that ‘‘the doors may not be 

closed except when ordered by the Speaker’’ pursuant to a quorum call. 

Manual § 1019. The precursor of this rule gave the Speaker the discretion, 

in securing a quorum, to order the doors closed or even locked. Deschler 

Ch 20 § 6.2 (note). 

763 

CHAPTER 43—QUORUMS § 20 

In 1919, Speaker Gillett, after putting the question on ordering a call 

of the House, directed the Doorkeeper to lock the Chamber doors but then 

sustained a point of order that the doors should be closed only on a call 

of the House. 6 Cannon § 703. However, in one instance the doors were 

locked ‘‘until disposition of the pending business’’ (the reading of the Journal). This action was taken by order of the House rather than by order of 

the Speaker. Deschler Ch 20 § 6.5. In 1968, Speaker McCormack ordered 

the doors to the Chamber closed and locked during a call of the House pursuant to the rule and instructed the Doorkeeper to let no Members leave the 

Hall. Deschler Ch 20 § 6.3. 

§ 20. Dispensing With Further Proceedings 

Under the former practice, after a quorum had responded on a call of 

the House, it was necessary to move to dispense with further proceedings 

under the call before the House could proceed with pending business. See 

4 Hinds § 3039. Under the modern practice, clause 7(b) of rule XX eliminates the motion to dispense with further proceedings under a call of the 

House following establishment of a quorum. Manual § 1028. Under this 

rule, when a quorum has been established pursuant to a call of the House, 

the Speaker ordinarily simply announces that further proceedings under the 

call are dispensed with unless the Speaker exercises the discretion to recognize for a motion to compel the attendance of Members under clause 5(b) 

of rule XX. 

765 

Chapter 44 

Reading, Passage, and Enactment 

§ 1. In General; Stages in Passage 

§ 2. Readings 

§ 3. — First Reading 

§ 4. — Second Reading 

§ 5. — Third Reading 

§ 6. Engrossment of House-passed Bills 

§ 7. — Correcting Errors in Engrossment 

§ 8. — Correcting Printing Errors; ‘‘Star Prints’’ 

§ 9. Transmittal of Bills Between the Houses 

§ 10. Enrollment of Bills Passed by Both Houses 

§ 11. — Certification and Signing 

§ 12. — Corrections in Enrollment 

§ 13. Delivery of Measures to the President 

Research References 

U.S. Const. art. I, § 7 

4 Hinds §§ 3364-3481 

7 Cannon §§ 1027-1083 

Deschler Ch 24 §§ 11-16 

Manual §§ 104, 105, 396, 397, 497, 498, 573-577, 941-944 

§ 1. In General; Stages in Passage 

The various steps in the usual legislative process begin with the introduction of a measure and include its referral to committee, committee consideration, reporting of the measure to the House, and consideration and debate in the House or the Committee of the Whole (where the first and second readings occur). These matters are covered elsewhere in this work. See 

INTRODUCTION AND REFERRAL; COMMITTEES; COMMITTEES OF THE WHOLE; 

and CONSIDERATION AND DEBATE. 

The following checklist describes the possible steps beginning with the 

ordering of the previous question on passage of a bill through its enactment 

into law: 

0 Previous question ordered on bill and all amendments to final passage. 

Note: When the previous question is ordered, debate is 

terminated and the House then votes first on any pending 

766 

§ 1 HOUSE PRACTICE

amendment or amendments, including any reported from 

the Committee of the Whole. If the previous question is 

not ordered, the bill and any amendments thereto are open 

to further debate and possible further amendment. See 

PREVIOUS QUESTION. 

0 Demand for separate vote on amendments adopted in the Committee of the 

Whole. 

Note: A demand for a separate vote in the House on an 

amendment adopted in the Committee of the Whole is in 

order following the Speaker’s announcement that the previous question has been ordered, but such separate votes 

are not actually taken until after the House votes on any 

remaining amendments en bloc. Manual § 337; Deschler 

Ch 27 § 36.20. A Member cannot demand a separate vote 

on an amendment rejected in the Committee of the 

Whole. Deschler Ch 27 § 36.12. 

0 Question put en gros on those amendments on which a separate vote was 

not demanded. 

0 Question put on each amendment on which a separate vote was demanded. 

Note: Votes are normally taken in the order in which the 

amendment appears in the bill. However, if amendments 

have been considered under a special order of business 

prescribing the order for their consideration, the amendments are voted on in the order in which they were considered in Committee of the Whole. Manual § 337; see 

also AMENDMENTS. 

0 Question put on engrossment and third reading (third reading by title only). 

Note: This is normally a pro forma question. Engrossment 

is the printing of the measure on special paper, and the 

‘‘third reading’’ requires merely a reading of the title. 

Manual § 941. The question is ordinarily approved by 

voice vote. However, a record vote may be ordered, and 

a negative vote rejects the bill. On Senate bills the question is put on the third reading but not engrossment because such bills are engrossed by the Senate. For engrossment generally, see § 6, infra. Any amendment to a preamble of a joint resolution should be made after engrossment and pending the third reading. Manual § 414. 

0 Motion to recommit offered. 

Note: A Member opposed to the bill may offer a motion 

to recommit the measure to committee. A Member may 

offer a simple motion to recommit (which, if adopted, 

ends further consideration of the bill) or a motion to recommit with instructions. Manual §§ 1001, 1002. The 

motion may instruct the committee to report the bill back 

767 

CHAPTER 44—READING, PASSAGE, AND ENACTMENT § 1 

to the House ‘‘forthwith’’ with an amendment. Only one 

proper motion may be considered. See REFER AND RECOMMIT. 

0 Question put on ordering the previous question on motion to recommit. 

Note: Amendments to the motion cannot be offered if the 

previous question on the motion has been ordered. Manual §§ 916, 917, 1001, 1002. This comports with the 

House rule giving precedence to the motion for the previous question over the motion to amend. Manual § 911. 

If the previous question is rejected, and an amendment is 

offered, the previous question is again moved on the 

amendment and the motion (as amended). 

0 Question put on motion to recommit (as amended or not). 

Note: If recommitted with instructions, the bill is reported 

back ‘‘forthwith’’ with amendment(s), the amendment(s) 

are again put to a vote, and the vote recurs on engrossment and third reading. 

0 Question put on passage of bill. 

Note: As a general rule, after a bill is passed there can 

be no further alteration of it. The Clerk may be authorized by unanimous consent to make technical and conforming (or even substantive) changes in the engrossment. 

Manual § 500. 

0 Amendment to title of bill. 

Note: An amendment to the title is not in order until after 

the bill itself is passed and is not debatable. If the committee reported the bill to the House with an amendment 

to the title, the amendment to the title is adopted by unanimous consent initiated by the Chair. Manual § 922. 

0 Motion to reconsider. 

Note: The motion to reconsider may be used to revisit 

passage or a step leading thereto. See RECONSIDERATION. 

While a motion to reconsider is pending, the bill cannot 

be sent to the Senate. 

0 Motion or unanimous-consent request to lay the motion to reconsider on 

the table. 

Note: The pro forma motion or unanimous-consent request to table the motion to reconsider is used to preclude 

a subsequent motion to reconsider, and it is the accepted 

parliamentary mode of making the vote in question final. 

In practice, the two motions often are made simultaneously. 8 Cannon § 2784. The Speaker often performs 

this perfunctory role, as when declaring, after the announcement of a vote, ‘‘without objection, a motion to reVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00777 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 1 HOUSE PRACTICE

consider is laid on the table.’’ Deschler Ch 23 § 34. See 

generally RECONSIDERATION. 

0 Transmittal of bill to Senate. 

Note: After passage of a bill in the House, the engrossment is attested by the Clerk of the House and transmitted to the Senate. 

0 Consideration of bill by Senate. 

0 Return of bill to House. 

Note: If a House bill is passed by the Senate without 

amendment, the Senate messages the bill back to the 

House, where it is enrolled under the supervision of the 

Clerk. Manual § 648; see § 10, infra. If a House bill is returned with amendment, such amendment is disposed of 

by unanimous consent, by motion to suspend the rules, or 

by a special order of business. However, a Senate amendment not requiring consideration in the Committee of the 

Whole is privileged, as is a motion to disagree to the Senate amendment and request or agree to a conference with 

the Senate (if offered by direction of relevant committees). On very rare occasions, the Speaker has referred a 

bill with Senate amendments to the House committee 

having jurisdiction. Manual § 816. For an explanation of 

House procedure for consideration of Senate amendments, 

see SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES

and Manual §§ 528-528d. For a discussion of conferences, 

see CONFERENCES BETWEEN THE HOUSES and Manual 

§§ 530-559. 

0 Submission of conference report. 

Note: The committee of conference having met, a report 

embodying their recommendation is submitted together 

with a joint explanatory statement of the managers from 

each House. 

0 Adoption of conference report. 

Note: Approval by the House and Senate of the conference report and mutual agreement to any amendments 

in disagreement constitute final congressional approval of 

the bill. The two Houses act seriatim on the report, the 

one agreeing to the conference normally acting first. 

However, a conference report ordinarily must be acted on 

as a whole; that is, either adopted or rejected in its entirety. If the conferees disagree on certain numbered 

amendments, the amendments are submitted to each 

Chamber individually and acted upon separately. Every 

amendment must be agreed to in identical form by both 

769 

CHAPTER 44—READING, PASSAGE, AND ENACTMENT § 2 

Houses before congressional action on the bill is complete. See CONFERENCES BETWEEN THE HOUSES. 

0 Enrollment of bill. 

Note: A bill that is finally passed by both Houses is enrolled by the House in which it originated; that is, it is 

printed on special paper (i.e., parchment; 1 USC § 107) 

under the supervision of an enrolling clerk. After its accuracy has been approved by the Clerk, an enrolled bill is 

presented to the House and Senate, where it is signed by 

the Speaker and the President of the Senate, respectively. 

Manual § 648; see § 10, infra. 

0 Delivery of bill to the President for approval or veto. 

Note: An enrolled bill, having been signed by the Speaker 

and the President of the Senate, is delivered to the White 

House for Presidential approval. The President has 10 

days (excluding Sundays) in which to sign the bill or veto 

it by returning it to the originating House with any objections. The bill may also be subject to a ‘‘pocket veto’’ 

if Congress, by final sine die adjournment, has prevented 

its return. See VETO OF BILLS. 

0 Passage of bill over Presidential veto. 

Note: A veto override requires a vote of two-thirds by the 

yeas and nays, a quorum being present, in each Chamber. 

If a vote to override a veto succeeds in the originating 

House, the measure is sent to the second House. If the 

veto is overridden there, the bill becomes law without the 

President’s signature. Manual § 109. 

0 Deposit of measure in National Archives. 

Note: When an enrolled bill is signed by the President or 

enacted over a veto, it becomes a public law and is sent 

to the National Archives and published in Statutes at 

Large, an annual volume that compiles all bills that become law. An Act passed over the President’s veto is 

transmitted to the Archivist by the House last acting on 

it. 

§ 2. Readings 

The reading of a bill is an essential step toward its passage. Deschler 

Ch 24 § 11. The First Congress adopted a rule requiring three separate and 

distinct readings of each bill brought before the House. 4 Hinds § 3391. 

Clause 8 of rule XVI provides that a bill or joint resolution must be 

read three times. The first reading is by title; the second reading for amendment in the Committee of the Whole is by paragraph or section; and the 

third reading is by title. Manual § 941. The second, or full reading, is pursuVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00779 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 3 HOUSE PRACTICE

ant to clause 5 of rule XVIII. The three readings referred to in rule XVI 

are to be distinguished from the procedures involved in reading a bill for 

amendment. See AMENDMENTS. In practical terms a ‘‘first reading’’ in the 

Committee of the Whole contemplated in rule XVIII is in full, but this reading ordinarily is dispensed with by special order of business. The reading 

for amendment by paragraphs or sections is the second actual reading in the 

Committee of the Whole. 

For a discussion of reading papers in debate, see CONSIDERATION AND

DEBATE. 

§ 3. — First Reading 

Under clause 8 of rule XVI, the first reading of a bill in the House 

is in full. Manual § 941. The first reading of a bill in the Committee of the 

Whole is in full under clause 5 of rule XVIII. Manual § 978. Formerly, a 

bill was read the first time by title at the time of its introduction before the 

House. However, since 1890 all bills have been introduced by filing them 

with the Clerk (placing them in the bill ‘‘hopper’’ at the rostrum). 4 Hinds 

§ 3391. Today, the titles of all bills introduced are printed in the Journal 

and the Congressional Record, thus fulfilling the purpose of the former firstreading rule. Manual § 942. 

§ 4. — Second Reading 

Generally 

The second reading in the Committee of the Whole is required by 

clause 5 of rule XVIII. That reading is normally by paragraph or section. 

Manual § 980. Clause 8 of rule XVI has no provision for a second reading 

in the House. Therefore, in the House, bills are considered read a second 

time when they are taken up for action. 

The Clerk, and not the chair of the Committee of the Whole, reads bills 

the second time. Manual § 428. If consideration of the bill is not completed 

on the day it is called up, the bill is read by title when it is called up on 

subsequent days. 

Demanding a Reading in Full; Dispensing with Readings 

Although clause 5(a) of rule XVIII requires a full reading of a bill 

(which may be demanded by any Member) before general debate, in practice 

verbatim readings are usually dispensed with by unanimous consent, by suspension of the rules, or by special order of business. Deschler Ch 24 § 11; 

Deschler Ch 27 § 7.1; Manual § 942. 

771 

CHAPTER 44—READING, PASSAGE, AND ENACTMENT § 5 

It has been held that a motion to dispense with the reading in full is 

not in order. 8 Cannon §§ 2335, 2436. The Committee of the Whole may 

dispense with the reading by motion if the motion is made privileged, as 

by a special order of business. Deschler Ch 24 § 11.1 (note). 

Measures Subject to Reading in Full 

Clause 8 of rule XVI requires a reading ‘‘in full’’ only of ‘‘bills and 

joint resolutions.’’ However, the rule traditionally has been extended to privileged concurrent and simple resolutions as well. Such resolutions include 

adjournment resolutions, questions of privilege, and special orders of business reported by the Committee on Rules. See, e.g., Manual § 713. A concurrent or simple resolution called up by unanimous consent is not read in 

full; rather, only the title is read. When a measure is read in full, it is the 

text as originally introduced that is read. Proposed committee amendments, 

including those in the nature of a substitute, are not included in this reading. 

Deschler Ch 24 § 11. Even when a substitute amendment has been reported 

to the House, it is the introduced bill that is read. 7 Cannon § 1054. 

Interruption of Reading 

The reading of a bill may be interrupted by the presentation of a matter 

of higher privilege, such as the reception of a message, a question of privilege, or the arrival of the time designated for adjournment. See 5 Hinds 

§ 6448 (reading interrupted by presentation of conference report). 

§ 5. — Third Reading 

The third reading of a bill under clause 8 of rule XVI is by title only 

and comes after the order for engrossment and before the question on passage of the bill is put. Manual § 941. The Speaker states: ‘‘The question 

is on the engrossment and third reading of the bill.’’ This is a pro forma 

question that is routinely approved by voice vote just before the measure 

itself is put to a vote. However, a record vote may be ordered on the question of engrossment and third reading. If the question is decided in the negative, the bill is considered rejected. 4 Hinds § 3420. If the third reading is 

omitted and the bill passes, the defect can be rectified by reconsideration. 

4 Hinds § 3406. 

At one time a Member could demand a reading in full of the engrossment, but this procedure was stricken from the rules in 1965. Deschler Ch 

24 § 11. 

772 

§ 6 HOUSE PRACTICE

§ 6. Engrossment of House-passed Bills 

After a bill has passed the House, the Clerk prepares a certified copy 

for transmission to the Senate. This copy is the official copy of the measure 

as passed by the House, and is referred to as the engrossment. That term 

also refers to the process by which a bill is engrossed; that is, printed on 

special paper under the supervision of the Clerk. House-passed measures or 

House amendments to Senate measures are engrossed on distinctive blue 

paper. The Clerk attests to the engrossment, and the Clerk’s signature gives 

rise to the presumption that the bill was correctly engrossed. 4 Hinds § 3428. 

Senate bills and amendments are engrossed by that body on white paper and 

bear the signature of the Secretary of the Senate. A limited number of the 

blue and white engrossments are printed for official use of the House and 

the Senate and are the prints used by conferees in working out their agreements. 

The engrossment of a House-passed bill is under the control of the 

House, not of the Committee of the Whole. Thus, a unanimous-consent request relating to the engrossment of a bill is properly made in the House 

following the passage of the bill and is not in order in the Committee of 

the Whole. Deschler Ch 24 § 12.2. 

§ 7. — Correcting Errors in Engrossment 

Before Transmittal of Bill to the Senate 

Before the House has messaged its legislative action to the Senate, the 

House may, by unanimous consent, authorize the Clerk to make changes in 

the engrossment of a House-passed bill. This procedure may be used, for 

example, to direct the Clerk to correct or change the table of contents, to 

amend or strike cross references, or to change section numbers and make 

other technical changes. Deschler Ch 24 §§ 12.10, 12.12. By unanimous 

consent the Clerk also may be authorized to make designated substantive 

changes in the engrossment of a bill passed by the House. However, the 

Chair may require that the changes be read by the Clerk. 99-1, Feb. 27, 

1985, p 3888; 99-1, June 27, 1985, p 17875. In one instance, the House 

by unanimous consent authorized the Clerk to engross in its introduced form 

a bill recently passed in an amended form under suspension of the rules. 

106-2, July 27, 2000, p 16607. 

The engrossment of House amendments to Senate bills that have not 

been messaged to the Senate may likewise be corrected by unanimous consent, the Clerk being directed to make the necessary change. Deschler Ch 

24 §§ 12.8, 12.9, 12.11. Thus, in one instance, by unanimous consent, the 

773 

CHAPTER 44—READING, PASSAGE, AND ENACTMENT § 9 

Clerk was authorized to correct the engrossment of a House amendment to 

a Senate bill passed on the preceding day to reflect the adoption in Committee of the Whole of an amendment that was inadvertently not reported 

to the House. 94-1, May 7, 1975, p 13363. The same procedure has been 

used to correct the engrossment of a House amendment to a Senate bill by 

deleting a provision inadvertently included in the measure. 99-2, Oct. 9, 

1986, p 30102. 

After Transmittal of Bill to Senate 

After a bill has been messaged to the Senate, the House must request 

that the Senate return the bill for correction. The House makes its request 

by resolution, which may also authorize the Clerk to reengross the bill with 

specified changes. Deschler Ch 24 § 12.5. A resolution in the House requesting the return of a bill of the Senate to correct an error made by the Clerk 

in preparing the engrossment of a House amendment was treated as a question of privilege under rule IX. Manual § 565; 3 Hinds § 2613. 

Where both Houses have acted on the measure a concurrent resolution 

may effect changes in the final enrollment. See § 12, infra. 

§ 8. — Correcting Printing Errors; ‘‘Star Prints’’ 

An engrossment may be ‘‘star printed’’ (that is, reprinted with a star 

to indicate the reprinting) to rectify a typographical error made by the Government Printing Office (GPO). This procedure is designed to substitute a 

reprinted bill and to show the exact form in which the bill was actually 

passed. Deschler Ch 24 § 12.1. 

The star print procedure is appropriate to correct GPO printing errors 

in a bill until both Houses have acted on the measure. Thereafter, a concurrent resolution to correct an enrollment is used to correct printing errors in 

a bill. Deschler Ch 24 § 14.7. 

§ 9. Transmittal of Bills Between the Houses 

A bill, having passed one House and having been engrossed and attested, is transmitted to the other House by message. Deschler Ch 24 § 12.1. 

One House may message to the other a request to return a bill for the correction of errors or otherwise. Manual § 565; 3 Hinds § 2613; 4 Hinds 

§§ 3460-3465. A request by the Senate for the return of a bill, if alleging 

an error in preparation, is treated as privileged in the House. However, if 

not alleging error but rather seeking a substantive change, such a request 

would require unanimous consent. Manual § 565. The question is put to the 

House without debate. 95-1, Aug. 3, 1977, p 26538. The House may by 

774 

§ 10 HOUSE PRACTICE

unanimous consent agree to a request of the Senate for the return of a Senate bill, even where the bill has been referred to a House committee. 91- 

1, July 10, 1969, p 19095. 

§ 10. Enrollment of Bills Passed by Both Houses 

When a bill or joint resolution has passed both Houses, the papers are 

delivered to the House that originated the measure, and a final version— 

called the enrolled bill—is prepared. If the bill originated in the House, it 

is enrolled under the supervision of the Clerk. Manual § 648. The enrollment 

is printed on distinctive paper under special supervision of the enrolling 

clerks of the House or the Senate. 1 USC § 107; Deschler Ch 24 § 14. This 

printing requirement may be waived by the enactment of a joint resolution, 

or, during the last six days of the session, by the adoption of a concurrent 

resolution. 1 USC § 106; Manual § 574. The enrolled bill is signed by the 

presiding officers of the House and the Senate and is delivered to the President for approval. See §§ 11-13, infra. If approved by the President, the 

measure is sent to the National Archives. 1 USC § 106a. 

It has been held that the validity of an enrolled bill signed by the President cannot be questioned on account of the pendency of a motion to reconsider, the signing of the enrolled bill by the Speaker and Vice President 

being complete and unimpeachable evidence of its passage. See Field v. 

Clark, 143 U.S. 649 (1892). 

§ 11. — Certification and Signing 

Approval and Certification 

A House-enrolled bill or joint resolution must be approved as to form 

and accuracy by the Clerk, although this requirement on rare occasions has 

been waived by unanimous consent. Manual § 648; 4 Hinds § 3452. In addition, House-enrolled bills are certified by the Clerk as having originated in 

the House. Senate enrollments are delivered to the House after similar examination and certification by the Secretary of the Senate. Deschler Ch 24 § 15. 

Signing 

Ordinarily, enrollments are signed first by the Speaker and then by the 

President of the Senate. 4 Hinds § 3429. In early Congresses the Speaker 

could not sign an enrolled bill in the absence of a quorum. 4 Hinds § 3458. 

Today, under clause 4 of rule I, the Speaker has standing authority to sign 

enrolled bills even if the House is not in session; and bills passed at one 

session may be signed by the Speaker at the next session. Manual § 624; 

7 Cannon § 1075. The Committee of the Whole may rise informally without 

775 

CHAPTER 44—READING, PASSAGE, AND ENACTMENT § 12 

motion to enable the Speaker to assume the Chair to lay an enrolled bill 

before the House. Manual § 625. 

Signing by the Speaker Pro Tempore 

A Speaker pro tempore elected by the House may sign enrolled bills. 

2 Hinds § 1401. Under clause 8(b)(2) of rule I, the Speaker may appoint 

a Member to act as Speaker pro tempore only to sign enrolled bills for a 

specified period of time, subject to the approval of the House. However, a 

Member merely called to the Chair during the day or designated by the 

Speaker for a purpose other than to sign enrolled bills, may not exercise 

this function. 2 Hinds §§ 1399, 1401; 6 Cannon § 276. 

§ 12. — Corrections in Enrollment 

Generally; Authorizing Corrections Before Enrollment 

The Clerk of the House may be authorized by concurrent resolution to 

make certain corrections in the enrollment of a House bill. 7 Cannon § 1068. 

The authorizing resolution may be agreed to by one House even before the 

bill to be corrected has passed the other House. In one instance the House 

agreed to a concurrent resolution correcting the enrollment of a joint resolution before the consideration of a conference report on that measure. 99-1, 

Dec. 11, 1985, pp 35957, 35958. 

Corrections made in this manner often involve nothing more than spelling errors or an error in the title of a bill. However, a concurrent resolution 

may authorize the Clerk to make extensive substantive changes. Deschler Ch 

24 §§ 14.5-14.7. 

Corrections in enrolled bills are normally made by the House that originated the bill, but the concurrent resolution authorizing the changes may 

originate in either House. Thus, the House may originate a concurrent resolution directing the Secretary of the Senate to make corrections in the enrollment of a Senate bill. Deschler Ch 24 § 14.18. 

Authorizing Corrections After Enrollment 

The correction of a bill, even after its enrollment, may be ordered by 

concurrent resolution of the two Houses. 4 Hinds § 3451; 7 Cannon § 1041. 

If the enrolled bill has not been signed by the respective presiding officers, 

the resolution may simply direct the Clerk to reenroll the bill with a correction. Deschler Ch 24 § 14.14. If the enrolled bill has been so signed, the 

two Houses by concurrent action may authorize the rescission or cancellation of the signatures and a reenrollment. 4 Hinds §§ 3453-3459; Deschler 

Ch 24 § 14.13. In the same way, signatures may be canceled on a bill prematurely enrolled. 4 Hinds § 3454; Deschler Ch 24 §§ 15.12, 15.13. The resVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00785 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 12 HOUSE PRACTICE

olution may not only rescind the action of the Speaker and President of the 

Senate in signing the bill but also may direct the Clerk to reenroll the bill 

with certain changes or to provide for its return to the Senate. Deschler Ch 

24 §§ 14.9-14.11. 

Correction or Recall of Bills Delivered to the President 

Corrections or changes in enrolled bills that have been delivered to the 

White House but not signed into law traditionally have been effected by a 

concurrent resolution, considered by unanimous consent, that requests the return of the bill and vacates the signatures of the Speaker and the President 

of the Senate. The resolution may direct a reenrollment with corrections by 

the Clerk of the House or the Secretary of the Senate, as appropriate. 4 

Hinds §§ 3507, 3508; Deschler Ch 24 §§ 16.1-16.4. Bills retrieved and corrected under this procedure are resubmitted to the President for approval. 

However, in one instance, a concurrent resolution was used to request the 

recall of a bill from the White House, to rescind the signatures of the two 

presiding officers and to postpone the bill indefinitely. Deschler Ch 24 

§ 16.5. 

The use of concurrent resolutions to recall a bill to correct an error is 

appropriate only with respect to bills that have not been signed, or are presumed not to have been signed, by the President. 4 Hinds § 3507 (note). 

Once a bill has been signed, it becomes law; and changes in it can be effected only by amending the measure pursuant to the passage of a bill or 

joint resolution. Thus, where the President signed a bill from which a section was inadvertently omitted during enrollment, the Congress immediately 

passed a joint resolution amending the law to insert the omitted section. 

Deschler Ch 24 § 14.19. 

Consideration of Resolution 

Concurrent resolutions making corrections in an enrolled bill are not 

privileged for consideration and are normally considered by unanimous consent. See, e.g., Deschler Ch 24 § 14.5. However, they also may be considered under suspension of the rules (93-2, Aug. 5, 1974, p 26796), or under 

a special order of business reported from the Committee on Rules (93-2, 

Dec. 13, 1974, p 39596). Such a resolution may also be taken up pursuant 

to a special order of business from the Committee on Rules ‘‘hereby’’ 

adopting that resolution. Manual § 855. 

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CHAPTER 44—READING, PASSAGE, AND ENACTMENT § 13 

§ 13. Delivery of Measures to the President 

Bills 

The Constitution requires that every bill that passes the House and the 

Senate be presented to the President of the United States for approval. U.S. 

Const. art. I, § 7. In early Congresses a joint committee took enrolled bills 

to the President. 4 Hinds § 3432. However, in the later practice, the Clerk 

of the House or the Secretary of the Senate has responsibility for the enrollment of bills and for presenting the bills from that House to the President. 

Such presentation is recorded in the Journal. Manual § 577. 

Enrolled bills pending at the close of a session have at the next session 

of the same Congress been ordered to be presented as if no adjournment 

had taken place. 4 Hinds §§ 3487, 3488. Enrolled bills signed by the presiding officers at one session have been sent to the President and approved 

at the next session of the same Congress. 4 Hinds § 3486. Bills enrolled in 

one Congress have been presented to the President and been signed by the 

President after the convening of the next Congress. Manual § 577. 

Joint Resolutions 

A joint resolution is a bill so far as the processes of Congress are concerned, with the exception of joint resolutions proposing amendments to the 

Constitution. 4 Hinds § 3375. Joint resolutions proposing amendments to the 

Constitution require a two-thirds vote to pass and are not sent to the President for approval. Manual § 397; 4 Hinds § 3483; 5 Hinds § 7040. Such joint 

resolutions, after passage by both Houses, are delivered to the Archivist. 1 

USC § 106b. 

Concurrent Resolutions 

It has been the uniform practice of the Congress, since the organization 

of the government, not to present concurrent resolutions to the President for 

approval and to avoid incorporating in such resolutions any matter of strict 

legislation requiring such presentation. Concurrent resolutions have been 

used merely to express the sense of Congress on a given subject, to adjourn 

for longer than three days, or to accomplish some purpose in which both 

Houses have a common interest but with which the President has no concern. Such resolutions have ‘‘never embraced legislative provisions proper 

and hence have never been deemed to require executive approval.’’ Manual 

§ 396; 4 Hinds § 3483. 

779 

Chapter 45 

Recess 

§ 1. In General 

§ 2. House Authorization; Motions 

§ 3. Duration of Recess 

§ 4. Purpose of Recess 

Research References 

5 Hinds §§ 6663-6671 

8 Cannon §§ 3354-3362 

Deschler-Brown-Johnson Ch 39 

Manual §§ 586, 911, 913 

§ 1. In General 

Under clause 12(a) of rule I, the Speaker may declare a recess ‘‘for a 

short time’’ when no question is pending before the House. Under clause 

12(b) of rule I, the Speaker or chair of the Committee of the Whole may 

declare an emergency recess when notified of an imminent threat to the 

safety of the House. Recesses also may be declared by the Speaker pursuant 

to authority granted by the House by privileged motion. § 2, infra. Except 

in case of emergency under clause 12(b) of rule I, recesses are not permitted 

in the Committee of the Whole except with the permission of the House. 

5 Hinds §§ 6669-6671; 8 Cannon § 3357. 

Recess is to be distinguished from adjournment. Recesses are taken during a legislative day, whereas adjournments terminate a legislative day. Another distinguishing feature is that, during a recess, the Mace remains in 

place on the rostrum, indicating that the House continues in session. Bills 

may be introduced and reports may be filed through the hopper. 

Except for an emergency recess under clause 12(b) of rule I, a recess 

may not interrupt a call of the roll or a recorded vote, even though the 

House has previously given authority to declare a recess at any time. 5 

Hinds §§ 6054, 6055. However, when the hour previously fixed for a recess 

arrived, the Chair declared the House in recess during a division vote. 5 

Hinds § 6665. 

780 

§ 2 HOUSE PRACTICE

§ 2. House Authorization; Motions 

The House may specifically authorize the Speaker to declare a recess, 

but in modern practice, the standing authority in clause 12(a) of rule I (to 

declare a recess when no question is pending) has made such specific authorizations infrequent. The House may, by motion, by unanimous consent, 

by suspension of the rules, or by special order of business, authorize the 

Speaker to declare a recess. Clause 4 of rule XVI; Manual §§ 83, 586, 911, 

913; Deschler Ch 21 § 11.8. The authority may be for a single recess on 

a given day, for several recesses subject to the call of the Chair, or for more 

than one day. 104-1, Dec. 15, 1995, p 37107 (motion); 104-1, Dec. 21, 

1995, p 38475 (special order of business). However, no recess declared by 

the Speaker or authorized by the House alone can exceed three days (not 

including Sundays) because that would violate the constitutional requirement 

for Senate consent. U.S. Const. art. I, § 5; see also § 3, infra. 

The Speaker also may be authorized to declare a recess: 

0 At any time during the remainder of the day. 87-2, Sept. 12, 1962, p 

19258. 

0 On the following day. 86-1, May 26, 1959, p 9155. 

0 During the remainder of the week. 90-1, Dec. 15, 1967, p 37126. 

0 At any time on certain days of the week. 88-2, Apr. 7, 1964, p 7119. 

0 At any time on the legislative days of Friday and Saturday and if necessary 

on Sunday. 97-1, Nov. 19, 1981, p 28211. 

0 At any time during the remainder of the session. Deschler Ch 21 § 11.8. 

0 On a specific day to accommodate a joint meeting. 110-1, Nov. 1, 2007, 

p 29042. 

Motions to Authorize a Recess 

Clause 4(c) of rule XVI permits the Speaker to entertain ‘‘at any time’’ 

a motion authorizing the Chair to declare a recess. The motion may be 

adopted by simple majority vote. 

Rule XVI gives the motion for a recess a privileged status equal to that 

of the motion to adjourn, which is a motion of the highest precedence and 

privilege. Manual §§ 911, 912; see ADJOURNMENT. Before the adoption of 

this rule in 1991, the motion to authorize a recess was not privileged in the 

House and could be entertained only by unanimous consent (8 Cannon 

§ 3354), although a privileged motion to recess was permitted by rule from 

1880 to 1890 (8 Cannon § 3356). 

A motion to authorize the Speaker to declare a recess is not debatable 

or amendable. Manual §§ 911, 913. 

781 

CHAPTER 45—RECESS § 3 

Quorum Requirements 

A vote by the House to authorize the Speaker to declare a recess requires a quorum. 4 Hinds §§ 2955-2960. A motion for a recess cannot be 

entertained if the absence of a quorum has been declared. 4 Hinds § 2958- 

2960. However, when the hour previously fixed for a recess arrives, the 

Chair declares the House in recess, even if a quorum is not present. 5 Hinds 

§§ 6665, 6666. 

§ 3. Duration of Recess 

Generally 

The Speaker may be authorized by the House to declare a recess to a 

time certain on that day (92-2, Oct. 14, 1972, p 36474), or to declare a recess until a time certain on the following calendar day (97-1, Nov. 20, 1981, 

p 28628). Overnight recess may be authorized, in which event the same legislative day is retained. 98-1, Nov. 10, 1983, p 32200. A recess does not 

terminate a legislative day, and a legislative day may not be terminated during recess. 8 Cannon § 3356. In rare circumstances, upon the expiration of 

an overnight recess, the House is called to order and the Chaplain offers 

the prayer. 104-1, Dec. 18, 1995, p 37310; 107-1, Sept. 12, 2001, pp 16752, 

16753. 

When a recess is declared, the bell and light system will so indicate 

with six bells and six lights. Termination of a recess is indicated by three 

bells and three lights. 

The Speaker has been authorized to declare recesses at any time during 

a Thursday-evening-to-Monday-noon period subject to the call of the Chair. 

98-1, Nov. 10, 1983, p 32197. However, a recess cannot extend longer than 

three days by House order alone, because of the constitutional requirement 

that neither House may adjourn for more than three days without the consent of the other. See ADJOURNMENT. Authority for such adjournments is 

provided by concurrent resolution, whereas adjournments of three days or 

less may be ordered by the House alone. 94-1, Feb. 6, 1975, pp 2641, 2642. 

Recess for a Short Time; Emergency Recess 

The Speaker is permitted by clause 12(a) of rule I to declare a recess 

for ‘‘a short time . . . subject to the call of the Chair,’’ when no question 

is pending before the House. The Speaker has used this authority to recess 

the House overnight. See, e.g., 106-2, Dec. 14, 2000, p 26657; 107-1, May 

3, 2001, pp 7134-37; 110-1, July 25, 2007, p 20762. 

The House stood in recess on the legislative day of September 11, 

2001, from 9:52 a.m. on September 11 until 10:03 a.m. on September 12. 

782 

§ 4 HOUSE PRACTICE

107-1, Sept. 11, 2001, pp 16750-52; Deschler-Brown-Johnson Ch 39 § 2.17. 

As a result of the events of September 11, the House adopted clause 12(b) 

of rule I in the 108th Congress. Clause 12(b) authorizes the Speaker, even 

when business is pending, to declare an emergency recess when notified of 

an imminent threat to the safety of the House. This clause was amended 

in the 110th Congress to provide the same authority to the chair of the 

Committee of the Whole. 

The Speaker’s declaration of a recess for a ‘‘short time’’ under clause 

12 of rule I may follow the postponement of a question under clause 8 of 

rule XX because, after postponement, a question is no longer pending before 

the House. The Speaker also has the authority to postpone consideration of 

a measure under clause 1(c) of rule XIX. These authorities have become familiar scheduling techniques of the majority leadership in the modern practice of the House. 

The customary inquiry by the Chair, ‘‘For what purpose does the 

gentlelll rise?’’ does not immediately confer recognition, such that a 

Member’s mere revelation that such Member seeks to offer a motion to adjourn does not suffice to make that motion ‘‘pending’’ so as to prevent a 

declaration of a short recess. Deschler-Brown-Johnson Ch 39 §§ 2.22, 2.24. 

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, 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. 

The House has entered an order authorizing 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 threeday limit prescribed by the Constitution, based on a determination that the 

public interest so warrants and after consultation with the Minority Leader. 

112-1, H. Res. 479, Dec. 6, 2011, p ll. 

§ 4. Purpose of Recess 

Where the Speaker is given authority to declare a recess by unanimous 

consent or a special order of business, the specific purpose of the recess 

783 

CHAPTER 45—RECESS § 4 

may be stipulated. The Speaker may be authorized to declare the House in 

recess in order to: 

0 Attend to a Member who has suddenly taken ill on the floor of the House. 

91-1, July 8, 1969, p 18614. 

0 Await the receipt of a message from the President. 91-1, Jan. 17, 1969, pp 

1188-92. 

0 Await a message from the Senate. 91-1, Feb. 7, 1969, p 3268. 

0 Await a report from a committee on certain emergency legislation. 91-2, 

Mar. 4, 1970, p 5867. 

0 Await a conference report. 92-1, Dec. 14, 1971, pp 46884-88. 

0 Await a report from the Committee on Rules. 91-2, Mar. 4, 1970, p 5867. 

0 Await Senate action on a House joint resolution continuing appropriations 

for several departments of the government that are without funds. 95-1, 

Nov. 4, 1977, p 37066. 

0 Await or attend a joint meeting to receive certain dignitaries. 92-1, Sept. 

8, 1971, p 30845. 

0 Receive former Members of the House in the Chamber. 95-2, May 19, 

1978, p 14660. 

0 Permit Members to attend certain ceremonies. 93-2, Dec. 19, 1974, p 

41604. 

0 Make preparations for a secret session of the House. 96-1, June 20, 1979, 

p 15711. 

Recesses for many of the purposes outlined above, as well as for unannounced purposes, are now accomplished under the Speaker’s authority to 

declare a short recess under clause 12(a) of rule I. 

785 

Chapter 46 

Recognition 

A. INTRODUCTION; POWER OF RECOGNITION

§ 1. In General; Seeking Recognition 

§ 2. Power and Discretion of Chair 

§ 3. Limitations; Bases for Denial 

§ 4. Alternation in Recognition 

B. RIGHT TO RECOGNITION; PRIORITIES

§ 5. In General 

§ 6. Priorities of Committee Members 

§ 7. Right of Member in Control 

§ 8. Right to Open and Close General Debate 

§ 9. — To Close Debate on Amendments 

C. RECOGNITION ON PARTICULAR QUESTIONS

§ 10. In General; As to Bills 

§ 11. For Motions 

§ 12. Of Opposition After Rejection of Motion 

§ 13. As to Special Orders of Business 

§ 14. Under the Five-Minute Rule 

§ 15. — Under Limited Five-Minute Debate 

§ 16. As to House-Senate Conferences 

Research References 

2 Hinds §§ 1419-1479; 5 Hinds §§ 4978-5079 

6 Cannon §§ 283-313; 8 Cannon §§ 2448-2478 

Deschler-Brown Ch 29 §§ 8-23 

Manual §§ 354-357, 949-956, 958, 959, 966, 997 

786 

§ 1 HOUSE PRACTICE

A. Introduction; Power of Recognition 

§ 1. In General; Seeking Recognition 

In order to address the House or to offer a motion or make an objection, a Member first must secure recognition from the Speaker or from the 

chair of the Committee of the Whole. Clause 1 of rule XVII; Manual § 945. 

Under the rule, the Chair has the power and discretion to determine who 

will be recognized and for what purpose. 2 Hinds §§ 1422-1424; see generally § 2, infra. To determine a Member’s claim to the floor, the Chair may 

ask for what purpose a Member seeks recognition and may grant recognition 

for the specific purpose indicated. Manual § 953. 

Duty to Rise and Remain Standing 

Members must seek recognition at the proper time in order to protect 

their rights to make points of order or to offer amendments. Deschler-Brown 

Ch 29 § 20.25. A Member must be standing and must address the Chair in 

order to be recognized and may not remain seated at the committee table 

while engaging in debate. Deschler-Brown Ch 29 §§ 8.4, 8.5. Although a 

Member controlling the floor in debate must remain standing, a Member 

who inadvertently sits down and then immediately stands again before the 

Chair recognizes another Member may be permitted to retain control of the 

floor. Deschler-Brown Ch 29 § 33.22. 

The mere placing of an amendment on the Clerk’s desk does not bestow recognition. Deschler-Brown Ch 29 § 19.6. Where numerous amendments that might be offered to a bill have been left with the Clerk, the Chair 

may remind all Members seeking to offer amendments not only to stand but 

to seek recognition at the appropriate time. Deschler-Brown Ch 29 § 8.17. 

A Member recognized in support of an amendment may yield to another 

for a question or a brief statement, but the Member must remain standing 

in order to protect such individual’s right to the floor. Deschler-Brown Ch 

29 § 29.8. 

Form 

The language used to obtain the floor and to grant recognition to Members follows a traditional format of long standing: 

MEMBER: Ml. Speaker (or Ml. Chair). . . . 

Note: This form of address is used whether the Member 

is seeking recognition to offer a proposition or interrupt 

a Member having the floor. 5 Hinds § 4979; 6 Cannon 

§ 193. Such salutations as ‘‘Gentlemen of the House’’ or 

787 

CHAPTER 46—RECOGNITION § 2 

‘‘Ladies and gentlemen’’ are not in order. 6 Cannon 

§ 285. 

SPEAKER (or CHAIR): For what purpose does the gentlelll seek recognition? 

Note: This question enables the Chair to determine 

whether the Member proposes a matter that may be entitled to precedence or is otherwise in order under the rules 

of the House. 6 Cannon §§ 289-291. 

MEMBER: I rise to offer a motion to lllll (or raise other stated 

business). 

SPEAKER (or CHAIR): The Chair recognizes the gentlelll from 

lllll (Member’s State). 

Recognition to Interrupt a Member 

A Member who wishes to interrupt another who has the floor must obtain recognition from the Chair. Deschler-Brown Ch 29 § 8.2. However, in 

most cases, it is within the discretion of the Member occupying the floor 

to determine when and by whom such Member shall be interrupted. Manual 

§§ 364, 946. 

Cross References 

Recognition is governed in specific instances and in specific parliamentary situations by practices covered fully elsewhere in this work; for example, AMENDMENTS; PREVIOUS QUESTION; REFER AND RECOMMIT; and RECONSIDERATION. For the Speaker’s announced policy of conferring recognition for unanimous-consent requests for the consideration of certain measures, see UNANIMOUS-CONSENT AGREEMENTS. 

§ 2. Power and Discretion of Chair 

In Jefferson’s time, the Speaker was required by House rule to recognize the Member who was ‘‘first up.’’ 2 Hinds § 1420. In case of doubt, 

there was an appeal from the Speaker’s recognition of a particular Member. 

2 Hinds §§ 1429-1434. This practice was changed, beginning in 1879, when 

the House adopted a report asserting that ‘‘discretion must be lodged with 

the presiding officer.’’ The report alluded to the practice of listing those 

Members desiring to speak on a given proposition but indicated that the 

Chair should not be obligated to follow the order stipulated. Rather, the report recommended that the Chair be free to exercise ‘‘a wise and just discretion in the interest of full and fair debate.’’ 2 Hinds § 1424. Today clause 

2 of rule XVII gives the Chair the power and discretion to decide who shall 

be recognized, and that decision is no longer subject to appeal. Manual 

§§ 949, 953; 8 Cannon §§ 2429, 2646; 109-2, June 22, 2006, p 12299. There 

788 

§ 3 HOUSE PRACTICE

has been no appeal from a decision of the Speaker on a question of recognition since 1881. Manual § 356. 

Of course, the recognition of particular Members often is governed by 

the rules and precedents pertaining to the order of business or by special 

orders of business from the Committee on Rules. See §§ 3, 4, infra. However, where matters of equal privilege are pending, the order of their consideration is subject to the Speaker’s discretionary power of recognition. 

Deschler-Brown Ch 29 § 9.55. It follows that, when more than one Member 

seeks recognition to call up privileged business, it is within the discretion 

of the Speaker whom to recognize. Clause 2 of rule XVII; Deschler-Brown 

Ch 29 § 9.56. 

Clause 6 of rule XIV, which provides that questions relating to the priority of business are to be decided by a majority without debate, may not 

be invoked to inhibit the Speaker’s power of recognition. Manual § 884. 

§ 3. Limitations; Bases for Denial 

The Speaker’s power of recognition is subject to limitations imposed by 

the rules, such as clause 7 of rule XVII (prohibiting the Chair from recognizing a Member to draw attention to gallery occupants) and clause 2 of 

rule IV (restricting use of and admission to the Hall of the House). Manual 

§§ 677, 678, 966; Deschler-Brown Ch 29 § 11.10. The Chair’s power of recognition also is governed by established practice and precedent, such as the 

long-standing tradition that a member of the committee reporting a bill is 

first recognized for motions to dispose of the bill (see § 11, infra) and the 

Speaker’s announced policy of conferring recognition for unanimous-consent 

requests for the consideration of certain measures (see UNANIMOUS-CONSENT AGREEMENTS). 

§ 4. Alternation in Recognition 

In the House 

Under the standing rules of the House, the Member reporting or calling 

up a measure is entitled to recognition for one hour, during which time such 

Member may yield to others. At the close of that hour, unless the previous 

question is moved, the ranking Member in opposition may be recognized for 

an hour with the same privilege of yielding. Thereafter, until the previous 

question is invoked, other Members favoring and opposing the measure are 

recognized alternately, preference again being given to members of the committee reporting the measure. Manual § 955; 8 Cannon § 2460. 

Absent a special order of business making party affiliation pertinent, the 

Chair alternates according to differences on the pending question rather than 

789 

CHAPTER 46—RECOGNITION § 4 

according to political affiliation. 2 Hinds § 1444. Where the special order 

of business allots control of time to ‘‘the chair and the ranking minority 

member of the committee’’ (which is ordinarily the case in the modern practice) the term ‘‘minority’’ is construed to refer to the minority party in the 

House and not to those in the minority on the pending question. 7 Cannon 

§ 767. However, a special order of business that allots control of time to 

those for and against a proposition does not necessarily require a division 

between the majority and minority parties of the House but, rather, a division between those actually favoring and opposing the measure. 7 Cannon 

§ 766. Rules found in provisions of law establishing procedures for overturning executive decisions normally provide for equal division of time for 

debate between those favoring and those opposing a proposition, without 

designating who should control the time. Therefore, it is within the discretion of the Chair to recognize a Member supporting and a Member opposing 

the measure. Manual § 1130; 7 Cannon § 785. 

In Committee of the Whole 

A similar alternation procedure is followed during general debate in the 

Committee of the Whole. The usual practice is for the Chair to alternate 

between those given control of debate time under a special order of business, usually the chair and ranking minority member. 7 Cannon § 875; 

Deschler-Brown Ch 29 § 28.15. 

It is the usual practice in the Committee of the Whole, during consideration of a measure under the five-minute rule, to alternate between majority 

and minority members, giving priority to members of the reporting committee in the order of seniority on the full committee. Deschler-Brown Ch 

29 § 21.1. The Chair follows this principle whether recognizing Members to 

debate a pending amendment or to offer an amendment. Deschler-Brown Ch 

29 § 13.9. Because the Chair normally has no knowledge whether specific 

Members oppose or support the pending proposition, the Chair cannot strictly alternate between both sides of the question. Deschler-Brown Ch 29 

§ 25.14. However, when an amendment is offered initially, clause 5 of rule 

XVIII (the five-minute rule) contemplates that the five minutes allotted the 

proponent is followed by recognition of a Member in opposition to the 

amendment. 

790 

§ 5 HOUSE PRACTICE

B. Right to Recognition; Priorities 

§ 5. In General 

Clause 2 of rule XVII directs the Speaker to ‘‘name the Member, Delegate, or Resident Commissioner who is first to speak’’ when two or more 

Members rise at once. The Speaker or Chair has the discretion to determine 

the order or sequence in which Members will be recognized in debate. Manual § 949; Deschler-Brown Ch 29 §§ 9.2, 12.1, 19.20. However, the Chair’s 

determination of priorities is governed by many factors, such as whether the 

pending proposition has been reported by a committee, whether it is given 

priority or is privileged under the rules, and whether the rules and practices 

of the House dictate a priority in recognition. For example, in recognizing 

a Member for a motion to recommit (who must qualify as being opposed 

to the bill), the Speaker gives preference to the Minority Leader and then 

to minority members of the committee reporting the bill in order of their 

rank on the committee. Deschler Ch 23 § 27.18; see generally REFER AND

RECOMMIT. 

§ 6. Priorities of Committee Members 

Priority of Committee Members Over Nonmembers 

Absent a special order of business providing to the contrary, the members of the committee reporting a bill are entitled to priority in recognition 

over nonmembers for debate on the bill. Manual §§ 953, 955; 2 Hinds 

§§ 1438, 1448; 6 Cannon §§ 306, 307; § 14, infra. Members of the committee reporting a bill also have priority in recognition to make points of 

order against proposed amendments to the bill. Deschler-Brown Ch 29 

§ 13.3. 

The practice of according priority to committee members is an ancient 

one, having been adapted from that of the English Parliament. It is reasoned 

that the members of the reporting committee—having worked for months, 

if not years, on the legislation—are naturally more familiar with its strengths 

and weaknesses. Deschler-Brown Ch 29 § 13.12. They are entitled to priority in recognition, even over the Member who introduced the bill. Deschler-Brown Ch 29 § 13.13. However, if the proposition has been brought directly before the House independently of a committee, the proponent may 

be entitled to priority in recognition for motions and debate. § 10, infra. 

Recognition of Committee Chairs 

The chair of the reporting committee usually has charge of the bill and 

is entitled at all stages to priority in recognition for allowable motions inVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00800 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
791 

CHAPTER 46—RECOGNITION § 7 

tended to expedite it. Deschler-Brown Ch 29 §§ 12.2, 24. If the chair is opposed to the bill, however, the chair ordinarily yields priority in recognition 

to a member of the committee who favors the bill. 2 Hinds § 1449. 

Priorities as Between Committee Members 

Recognition is extended to committee members on the basis of their 

committee seniority, with the Chair alternating between members of the majority and the minority. Deschler-Brown Ch 29 § 13.25; § 4, supra. Where 

opposition is relevant to recognition and no committee member rises in opposition to the measure, any Member may be recognized in opposition. 7 

Cannon § 958. 

Effect of Failure to Seek Recognition 

Although members of the committee reporting a bill under consideration 

have preference in recognition, a member may lose such preference if recognition is not sought in a timely manner. Deschler-Brown Ch 29 § 13.13. 

The Chair may recognize another on the basis that the committee member, 

though standing, is not actively seeking recognition. Deschler-Brown Ch 29 

§ 13.14. 

§ 7. Right of Member in Control 

Where a Member has been placed in charge of a bill by the reporting 

committee, or has been so designated by a special order of business from 

the Committee on Rules, the Member named as manager is recognized to 

call up the measure. Clause 3(a) of rule XVII; Deschler-Brown Ch 29 

§ 27.1; 110-1, Jan. 18, 2007, p 1624. Preference in recognition is accorded 

to the manager over other Members. Clause 3(a) of rule XVII; DeschlerBrown Ch 29 § 24.1. This priority in recognition of the Member in charge 

prevails in both the House and in the Committee of the Whole. Clause 3(a) 

of rule XVII; Deschler-Brown Ch 29 §§ 12.10, 14.3. 

The Member in charge of the bill also is entitled at all stages to priority 

in recognition for allowable motions intended to expedite the bill, from the 

time of its first consideration to the time of consideration of Senate amendments and conference reports. 2 Hinds §§ 1451, 1452, 1457; 6 Cannon 

§§ 300, 301. For example, the Member who has been recognized to call up 

a measure in the House has priority in recognition to move the previous 

question thereon, even over the chair of the committee reporting that measure. Manual § 953. 

The fact that a Member has the floor on one matter does not necessarily 

entitle such Member to priority in recognition on a motion relating to another matter. 2 Hinds § 1464. Before the Member in charge has begun deVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00801 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
792 

§ 8 HOUSE PRACTICE

bate, a Member proposing a preferential motion is entitled to recognition. 

5 Hinds §§ 5391-5395. However, once debate has begun, a Member may not 

deprive the Member in charge of the floor by offering a debatable motion 

of higher privilege than the pending motion. Manual § 953; 2 Hinds 

§§ 1460-1463; 6 Cannon §§ 297-299; 8 Cannon §§ 2454, 3183, 3193, 3197, 

3259. 

§ 8. Right to Open and Close General Debate 

Generally 

Clause 3(a) of rule XVII provides that the Member reporting a measure 

from a committee is entitled to open and close general debate on that measure. Manual § 958. Otherwise, clause 3(b) of rule XVII precludes a Member 

from speaking twice on the same question without leave of the House. Manual § 959. Under the modern practice, however, where a special order of 

business places the control of debate in a ‘‘manager,’’ or divides the time 

between the chair and ranking minority member of the committee reporting 

the measure, those controlling the time may yield to other Members as often 

as they desire, and are not restricted by this rule. Manual § 959. The minority member controlling one-half of the time must consume it or yield it back 

before the closing of debate. Deschler-Brown Ch 29 § 24.19. A majority 

manager of the bill who represents the primary committee of jurisdiction is 

entitled to close general debate (in this case, as against another manager representing an additional committee of jurisdiction). Manual § 958. 

The manager of a bill for purposes of closing general debate may be 

the chair of the reporting committee or a designated majority member of 

that committee. Deschler-Brown Ch 29 §§ 7.3, 7.4. 

The right of the manager to open and close general debate under clause 

3 of rule XVII is recognized in both the House and the Committee of the 

Whole. Deschler-Brown Ch 29 § 7.4. 

Rights of Proponents 

The manager of a bill in control of the time, and not its proponent, is 

ordinarily entitled to close general debate. Deschler-Brown Ch 29 § 7.4. 

Where existing law provides that general debate in the Committee of the 

Whole on a joint resolution shall be equally divided and controlled by proponents and opponents, a proponent has the right to open and close general 

debate. 99-1, Apr. 23, 1985, p 8964. Where a joint resolution having no 

‘‘sponsor’’ and having not been referred to a committee was made in order 

by a special order of business, its proponent was recognized to open and 

793 

CHAPTER 46—RECOGNITION § 9 

close general debate, there being no other ‘‘manager’’ of the pending resolution. 99-2, Apr. 16, 1986, pp 7611, 7629. 

§ 9. — To Close Debate on Amendments 

Recognition of Manager of Bill for Motion to Close Debate 

In the Committee of the Whole, the Member managing the bill is entitled to priority in recognition to move to close debate on a pending amendment over other Members who desire to debate the amendment or to offer 

amendments thereto. Deschler-Brown Ch 29 § 78.9. 

Recognition of Manager of Bill for Closing Controlled Debate on an 

Amendment 

Under clause 3(c) of rule XVII, a manager of a bill or other representative of the committee in opposition to, and not the proponent of, an amendment has the right to close debate on an amendment on which debate has 

been limited and allocated under the five-minute rule in Committee of the 

Whole, including a minority manager. This principle prevails even where the 

manager of the bill is the proponent of a pending amendment to the amendment. Manual § 959. 

The Chair will assume that the manager of a measure controlling time 

in opposition to an amendment is representing a committee of jurisdiction, 

even where the measure called up is unreported, where an unreported compromise text is made in order as original text in lieu of committee amendments or where the committee reported the measure without recommendation. Where the pending text includes a provision recommended by a committee of sequential referral, a member of that committee is entitled to close 

debate against an amendment thereto. Where the rule providing for the consideration of an unreported measure designates managers who do not serve 

on a committee of jurisdiction, those managers are entitled to close controlled debate against an amendment thereto. The majority manager of the 

bill may be recognized to control time in opposition to an amendment thereto, without regard to the party affiliation of the proponent, where the special 

order of business allocates control to ‘‘a Member opposed.’’ The right to 

close debate in opposition to an amendment devolves to a member of the 

committee of jurisdiction who derived debate time by unanimous consent 

from a manager who originally had the right to close debate. The proponent 

of a first-degree amendment who controls time in opposition to a seconddegree amendment that favors the original bill over the first-degree amendment does not qualify as a ‘‘manager’’ within the meaning of clause 3(c) 

of rule XVII in opposing. Manual § 959. 

794 

§ 10 HOUSE PRACTICE

Recognition of Proponent of Amendment 

Under certain circumstances, the proponent of an amendment may close 

debate where the amendment is not opposed by a manager. For example, 

the proponent may close debate where neither a committee representative 

nor a Member assigned a managerial role by the governing special order 

of business opposes the amendment. Where a committee representative is allocated control of time in opposition to an amendment, not by recognition 

from the Chair but by a unanimous-consent request of a third Member who 

was allocated the time by the Chair, then the committee representative is 

not entitled to close debate as against the proponent. Similarly, the proponent of the amendment may close debate where no representative from 

the reporting committee opposes an amendment to a multijurisdictional bill; 

where the measure is unreported and has no ‘‘manager’’ under the terms 

of a special order of business; or where a measure is being managed by a 

single reporting committee and the Member controlling time in opposition, 

though a member of a committee having jurisdiction over the amendment, 

does not represent the reporting committee. Manual § 959. 

C. Recognition on Particular Questions 

§ 10. In General; As to Bills 

Under long-standing practice, special orders of business give control of 

general debate in the House or in the Committee of the Whole to the chair 

and ranking minority member of the reporting committee(s), and recognition 

is extended accordingly. In the absence of the chair and ranking minority 

member designated by the rule, the Chair recognizes the next ranking majority and minority members for control of such debate, who may either be 

informally designated during a temporary absence upon informing the Chair 

or who may be formally designated by unanimous consent for the remainder 

of the debate. Deschler-Brown Ch 29 § 9.4. If, on the other hand, the proposition has been brought directly before the House independently of a committee, the proponent who calls up the measure is entitled to priority in recognition for motions and debate. 2 Hinds §§ 1446, 1454; 8 Cannon § 2454. 

For a discussion of recognition to offer amendments, see AMENDMENTS. 

For a discussion of recognition for parliamentary inquiries and points of 

order, see POINTS OF ORDER; PARLIAMENTARY INQUIRIES. 

Discharged Bills 

If a bill has not been reported from committee, but is before the House 

pursuant to a motion to discharge, the proponents of that motion are entitled 

795 

CHAPTER 46—RECOGNITION § 11 

to priority in recognition for the purpose of managing the bill. DeschlerBrown Ch 29 § 27.5. For a discussion of recognition of Members for debate 

on the motion, see clause 2 of rule XV; Manual § 892; DISCHARGING MEASURES FROM COMMITTEES. In recognizing a Member to control time for debate in opposition to a discharged bill, the Chair recognizes the chair of the 

committee having jurisdiction of the subject matter if opposed. DeschlerBrown Ch 29 § 25.16. 

Measures Called Up by Unanimous Consent 

Where a measure is called up in the House pursuant to a unanimousconsent agreement that does not specify the debate time, the Member calling 

up the bill is recognized for one hour, and amendments may not be offered 

by other Members unless yielded to for that purpose or unless a motion for 

the previous question is rejected. Deschler-Brown Ch 29 § 24.24. By contrast, a measure called up in the House as in the Committee of the Whole 

is considered under the five-minute rule. 

For the Speaker’s policy of conferring recognition for unanimous-consent requests for the consideration of certain measures, see UNANIMOUSCONSENT AGREEMENTS. 

§ 11. For Motions 

As noted in section 7, supra, the Member in charge of a bill is entitled 

at all stages to priority in recognition for allowable motions intended to expedite the bill, subject to a determination by the Chair that another Member 

has a motion of higher precedence. Thus, where one Member moves a call 

of the House, and another Member immediately moves to adjourn, the Chair 

will recognize the latter because the motion to adjourn is of higher privilege. 

8 Cannon § 2642. If a preferential motion is debatable, a Member must offer 

it before the other Member has begun debate. This is so because a Member 

may not, by attempting to offer a preferential motion, deprive another Member, who has begun to speak, of the floor. 8 Cannon § 3197. 

A Member may lose the right to the floor if neglecting to claim it before another Member with a preferential motion has been recognized. 2 

Hinds § 1435. A Member desiring to offer a motion must actively seek recognition from the Chair before another motion to dispose of the pending 

question has been adopted. The fact that the Member may have been standing at that time is not sufficient to secure recognition. Deschler-Brown Ch 

29 § 8.19. Moreover, the mere offering of a motion does not confer recognition. Where another Member has shown due diligence, such Member may 

be recognized. Deschler-Brown Ch 29 § 23.2. The first half of a voice vote 

having been taken, a Member may still be recognized for a proper motion 

796 

§ 12 HOUSE PRACTICE

before the second half of the voice vote occurs. 109-2, June 22, 2006, p 

12299; see also Manual § 490. 

For treatment of recognition to offer particular kinds of motions, see 

PREVIOUS QUESTION, SUSPENSION OF RULES, UNANIMOUS-CONSENT AGREEMENTS, and other chapters dealing with specific motions. 

§ 12. Of Opposition After Rejection of Motion 

Generally 

Where an essential motion by the Member in charge of a measure is 

defeated, the right to priority in recognition passes to a Member opposed, 

as determined by the Speaker. Manual § 954; 2 Hinds §§ 1465-1468; Deschler-Brown Ch 29 § 15.6. Thus, where a motion for the previous question is 

rejected on a pending resolution, the Chair recognizes the Member perceived 

by the Chair to have led the opposition to that motion. 6 Cannon § 308; 

Deschler-Brown Ch 29 § 15.11. Recognition of that Member is not precluded by the fact that such Member was previously recognized and offered 

an amendment that was ruled out on a point of order. 91-1, Jan. 3, 1969, 

p 27. 

The principle that the defeat of an essential motion offered by the 

Member in charge causes recognition to pass to the opposition is applicable 

in the following instances: 

0 House rejects a motion to lay an adversely reported resolution of inquiry 

on the table. Deschler-Brown Ch 29 § 15.3. 

0 House rejects a motion for the previous question on a resolution reported 

from the Committee on Rules. Deschler-Brown Ch 29 § 15.14. 

0 House rejects a motion for the previous question on a resolution relating 

to the seating of a Member-elect. Deschler-Brown Ch 29 § 15.15. 

0 House rejects a motion for the previous question on a resolution to discipline a Member of the House. 6 Cannon § 236. 

0 House rejects a motion for the previous question on a resolution providing 

for adoption of rules. 6 Cannon § 308. 

0 House rejects a motion for the previous question on a motion to recommit. 

107-2, Feb. 27, 2002, p 2083. 

0 House rejects a motion to dispose of a Senate amendment reported from 

conference in disagreement. Manual § 954. (Recognition passes to opposition for disposition of that Senate amendment only.) 

0 Committee of the Whole reports a bill adversely. 4 Hinds § 4897; 8 Cannon 

§ 2430. 

0 Committee of the Whole reports a bill with the recommendation that the 

enacting clause be stricken. 8 Cannon § 2629. 

This principle applies only to an essential motion by the Member in 

charge of the bill. A motion to postpone consideration to a day certain is 

797 

CHAPTER 46—RECOGNITION § 13 

not an essential motion, the defeat of which would require recognition to 

pass to a Member opposed. Deschler-Brown Ch 29 § 15.2. The mere defeat 

of an amendment proposed by the Member in charge does not always cause 

the right to priority in recognition to pass to the opponents. 2 Hinds § 1478. 

In any case, the recognition for a motion by a Member in opposition may 

be preempted by a motion of higher precedence. Manual § 954. 

Effect of Rejection of Motion for Previous Question on Conference 

Report or Rejection of Conference Report 

The right to priority in recognition ordinarily passes to a Member of 

the opposition when the House refuses to order the previous question on a 

conference report, because control passes to the opposition upon rejection 

of the motion for the previous question. 2 Hinds §§ 1473, 1474; 5 Hinds 

§ 6396. However, the invalidation of a conference report on a point of order, 

although equivalent to its rejection by the House, does not give the Member 

raising the question of order the right to the floor and does not affect the 

right to recognition. 6 Cannon § 313; 8 Cannon § 3284. Rejection of a conference report after the previous question has been ordered thereon does not 

cause recognition to pass to a Member opposed to the report, and the manager retains control to offer the initial motion to dispose of amendments in 

disagreement. Manual § 954; 2 Hinds 1477. 

§ 13. As to Special Orders of Business 

Calling Up Special Orders of Business 

Recognition to call up special order of business resolutions reported 

from the Committee on Rules may be sought pursuant to the provisions of 

clause 6(d) of rule XIII. Manual § 861. Ordinarily, only a member of the 

Committee on Rules designated to call up a special order of business from 

the committee may be recognized for that purpose. Deschler-Brown Ch 29 

§ 18.13. Where a special order of business has been reported by the committee and has not been called up within the seven legislative days specified 

by clause 6(d), recognition to call it up may be extended to any member 

of that committee, including a minority member. Deschler-Brown Ch 29 

§ 18.13. The Member calling up the resolution must have announced the intention one calendar day before seeking recognition. See Manual § 861. Because calling up such a resolution is privileged, the Speaker would be 

obliged to recognize for this purpose unless another matter of equal privilege was proposed, in which case the order of consideration would be determined pursuant to the Speaker’s discretionary power to grant recognition. 

Deschler-Brown Ch 29 § 9.55. 

798 

§ 14 HOUSE PRACTICE

Recognition for Debate 

A Member recognized to call up a special order of business or resolution by direction of the Committee on Rules controls one hour of debate 

thereon and may offer one or more amendments thereto. Deschler-Brown Ch 

29 § 24.26. Such Member need not have the specific authorization of the 

committee to offer an amendment. Manual § 858. A resolution previously 

offered and debated but subsequently withdrawn may be called up again and 

the Member calling it up is recognized for a full hour. Deschler-Brown Ch 

29 § 18.17. Other Members may be recognized only if yielded time. Deschler-Brown Ch 29 § 29.23. The resolution is not subject to amendment from 

the floor by another Member unless the Member in charge yields for that 

purpose or the House rejects a motion for the previous question. 6 Cannon 

§ 309; Deschler-Brown Ch 29 § 30.5. 

Ordinarily the manager’s amendments are voted on after debate and 

after the previous question is ordered on the amendments and on the resolution. 101-2, Sept. 25, 1990, p 25575. 

§ 14. Under the Five-Minute Rule 

Generally; Effect of a Special Order of Business 

Recognition of Members to offer amendments in the Committee of the 

Whole under the five-minute rule is within the discretion of the Chair and 

cannot be challenged on a point of order. Deschler-Brown Ch 29 § 9.6. The 

Chair does not anticipate the order in which amendments may be offered 

nor does the Chair declare in advance the order in which Members proposing amendments will be recognized. Deschler-Brown Ch 29 § 21.3. The 

Chair endeavors to alternate recognition to offer amendments between majority and minority Members (giving priority to committee members). Manual § 980. Of course, if a special order of business reported from the Committee on Rules specifies those Members who are to control debate, the 

Chair will extend recognition accordingly. However, where the special order 

of business merely makes in order the consideration of a particular amendment, it does not confer a privileged status on the amendment and does not, 

absent legislative history establishing a contrary intent by the Committee on 

Rules, alter the principle that recognition to offer an amendment under the 

five-minute rule is within the discretion of the chair of the Committee of 

the Whole. 95-2, May 23, 1978, p 15095. Under the modern practice, special orders of business often provide discretionary priority in recognition to 

Members who have preprinted their amendments in the Congressional 

Record. See, e.g., 107-2, H. Res. 428, May 22, 2002, pp 8675, 8676. As 

799 

CHAPTER 46—RECOGNITION § 15 

to the effect of special orders of business on the control and distribution 

of debate time, see CONSIDERATION AND DEBATE. 

Priority of Committee Members over Noncommittee Members 

Committee amendments to a pending section are considered before the 

Chair entertains amendments from the floor. Deschler Ch 27 §§ 26.1-26.3. 

When entertaining amendments from the floor during the five-minute rule, 

the Chair follows certain guidelines as a matter of long-standing custom. 

Among them is that recognition is first accorded to members of the committee reporting the bill over Members of the House who are not on that 

committee. Deschler-Brown Ch 29 § 21.1. Thus, the Chair normally will recognize a member of a committee reporting a bill to offer a substitute for 

an amendment before recognizing a noncommittee member, although that 

committee member may have been recognized separately to debate the original amendment. Deschler-Brown Ch 29 § 13.20. Members of the committee 

reporting a pending bill are entitled to priority in recognition over noncommittee members, without regard to their party affiliation. Thus the Chair 

may accord priority in recognition to minority members of the reporting 

committee over majority noncommittee members to offer amendments. 

Deschler-Brown Ch 29 § 13.11. 

Priorities as Between Committee Members 

In bestowing recognition under the five-minute rule, the Chair gives 

preference to the chair and ranking minority member of the committee reporting the bill under consideration. Deschler-Brown Ch 29 § 12.12. Thereafter, the Chair endeavors to alternate between majority party and minority 

party members of the reporting committee. Manual § 981. Priority in recognition to offer amendments is extended to members of the full committee 

reporting the bill (typically in order of seniority), and the Chair does not 

accord priority in recognition to members of the subcommittee that considered the bill over other members of the full committee. Deschler-Brown Ch 

29 § 13.6. However, in five-minute debate on appropriation bills the Chair 

has the discretion to recognize members of the subcommittee handling the 

bill first, and then recognize members of the full committee. DeschlerBrown Ch 29 § 12.8. 

§ 15. — Under Limited Five-Minute Debate 

The House may, by unanimous consent, agree to limit or extend debate 

under the five-minute rule in the Committee of the Whole, whether or not 

that debate has commenced. In the Committee of the Whole, debate under 

the five-minute rule may be limited by the Committee by unanimous conVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00809 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
800 

§ 16 HOUSE PRACTICE

sent or, after preliminary debate, by motion. See CONSIDERATION AND DEBATE. When such a limitation has been agreed to, the general rules of recognition applied under the five-minute rule are considered abrogated. Deschler-Brown Ch 29 § 22.14. Decisions regarding recognition during the remaining time, a division of time not having been ordered as part of the limitation, are largely within the discretion of the Chair. Deschler-Brown Ch 29 

§ 22.15. The Chair has the discretion to either (1) permit continued debate 

under the five-minute rule, (2) allocate the remaining time among those desiring to speak, or (3) divide the time between a proponent and an opponent 

to be yielded by them (which has become the prevailing practice). Manual 

§ 987. The order in which Members desiring to speak are recognized is also 

within the discretion of the Chair. The Chair may take into account such 

factors as their committee status, whether they have amendments at the 

desk, and their seniority. Deschler-Brown Ch 29 § 22.12. 

§ 16. As to House-Senate Conferences 

Recognition to Seek a Conference 

A motion to send a measure to conference is authorized by clause 1 

of rule XXII. Manual § 1069; see CONFERENCES BETWEEN THE HOUSES. 

The motion is in order if the appropriate committee has authorized the motion and the Speaker chooses to recognize for that purpose. Deschler-Brown 

Ch 29 § 17.1. The Speaker will not recognize for the motion where the Senate amendment in question has been referred to the House committee or 

committees with jurisdiction and they have not yet had the opportunity to 

consider the amendment. Manual § 1070. 

Recognition for debate and control of debate time on the motion, see 

CONFERENCES BETWEEN THE HOUSES. 

Motions to Instruct Conferees 

Recognition to offer a motion to instruct House conferees on a measure 

initially being sent to conference is the prerogative of the minority. The 

Speaker recognizes the ranking minority member of the committee reporting 

the bill if that member seeks recognition to offer the motion after the request or motion to go to conference is agreed to and before the Speaker’s 

appointment of conferees. Deschler-Brown Ch 33 § 11.1. Where two minority members of the committee that has reported a bill seek recognition to 

offer a motion to instruct conferees pending their appointment by the Speaker, the Chair will recognize the highest ranking minority member of that 

committee. Manual § 541. 

801 

CHAPTER 46—RECOGNITION § 16 

If a motion for the previous question is voted down on a motion to instruct the managers on the part of the House, the motion is open to amendment and the Speaker may recognize a Member opposed to ordering the previous question to control the time and offer an amendment. Deschler Ch 23 

§ 23.7. 

For recognition for debate and control of debate time on a motion to 

instruct, see CONFERENCES BETWEEN THE HOUSES. 

Calling Up Conference Reports 

A conference report is normally called up for consideration in the 

House by the senior majority manager on the part of the House, and such 

Member may be recognized to do so, even though such Member did not 

sign the report and in fact was opposed to it. Deschler-Brown Ch 29 § 17.7. 

If the senior House conferee cannot be present on the floor to call up the 

report, the Speaker may recognize a junior majority member of the conference committee. Deschler-Brown Ch 29 § 27.6. The Speaker also may extend recognition to call up the report to the conferee who serves as chair 

or ranking majority member of a committee with jurisdiction. 6 Cannon 

§ 301; Deschler-Brown Ch 29 § 27.7. Where a conference consists of conferees appointed from more than one committee, the conference report may 

be called up by the chair of a committee that was not the primary committee 

in the House. 97-2, Dec. 21, 1982, pp 33299, 33300. 

For recognition to dispose of amendments between the Houses or for 

debate thereon, see SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES. 

803 

Chapter 47 

Reconsideration 

§ 1. Generally; Use of Motion 

§ 2. Pro Forma Motions Distinguished 

§ 3. Effect of Motion 

§ 4. Who May Offer Motion 

§ 5. When Motion Is In Order 

§ 6. Use in Standing Committees 

§ 7. Forms 

§ 8. Precedence and Privilege of Motion 

§ 9. Quorum Requirements 

§ 10. Debate and Voting; Withdrawal 

§ 11. Application to Particular Propositions 

§ 12. — Other Motions and Requests 

§ 13. — Bills and Resolutions; Amendments 

§ 14. — Amendments Between the Houses; Conference Reports 

§ 15. — Measures Sent to the Senate or the President 

Research References 

5 Hinds §§ 5605-5705 

8 Cannon §§ 2774-2795 

Deschler Ch 23 §§ 33-41 

Manual §§ 1003-1011 

§ 1. Generally; Use of Motion 

In General 

By long tradition, the vote of the House on a proposition usually is not 

final and conclusive until there has been an opportunity to reconsider it. A 

proposition is not regarded as passed until a motion to reconsider it is disposed of or precluded. The motion to reconsider under clause 3 of rule XIX 

is the procedural device that permits the House to review its action on a 

given proposal. Its purpose is to allow the House to reflect on the wisdom 

of its action on the proposition. Deschler Ch 23 § 33. 

Historical Background 

Although not mentioned in the first rules of the House, adopted in 

1789, the motion to reconsider was at that time well known in parliamentary 

804 

§ 2 HOUSE PRACTICE

practice. 5 Hinds § 5605. The motion was used in the Continental Congress 

and in the House from its first organization. It was made the subject of a 

rule of the House in 1802. Manual § 1003. In 1811, the rule was modified 

by limiting the time during which the motion might be offered to ‘‘the same 

or succeeding day’’ as the vote to be reconsidered. The rule was further revised in 1880, but has existed in the rules since then with only minor 

changes. 5 Hinds § 5605. 

Use in Committee of the Whole 

The motion to reconsider is in order in the House and in the House 

as in the Committee of the Whole but not in the Committee of the Whole. 

4 Hinds §§ 4716-4718; 8 Cannon §§ 2324, 2325, 2793; Deschler Ch 23 

§§ 33, 39.10; 104-1, May 11, 1995, p 12713. Indeed, a request to reconsider 

a vote is not in order in the Committee even by unanimous consent. Deschler Ch 23 § 39.12. However, on occasion, in lieu of a motion to reconsider, 

the Chair has allowed a unanimous-consent request to vacate the proceedings whereby an amendment had been adopted. Deschler Ch 23 § 39.13. 

Entering and Calling Up Distinguished 

A distinction should be made between entering the motion and offering 

or calling up the motion. Entering the motion and offering the motion can 

be separate events. 8 Cannon § 2785. One Member may enter the motion, 

and another Member may call up the motion. § 4, infra. In the modern practice, the motion is rarely entered but rather is considered as pending when 

offered. The motion must be offered within the two-day period allowed by 

the rule, but a motion merely entered during that time may remain pending 

indefinitely. §§ 5, 8, infra. 

§ 2. Pro Forma Motions Distinguished 

Normally, the Speaker declares, after the announcement of a vote, 

‘‘without objection, a motion to reconsider is laid on the table.’’ Deschler 

Ch 23 § 34. The effect of this declaration is to preclude a subsequent motion 

to reconsider, and it is the accepted parliamentary mode of making the vote 

in question final. Deschler Ch 23 § 34.5. Thereafter, the proposition may be 

taken up again only by special order of business, unanimous consent, or suspension of the rules. 5 Hinds § 5640; see also Deschler Ch 23 § 38.5. A 

Member who is opposed to the tabling of the motion to reconsider must object to the Speaker’s declaration in a timely manner and is well advised to 

notify the Speaker in advance of an intention to seek genuine reconsideration. Deschler Ch 23 § 34. If such objection is made, one Member may 

move to reconsider and another Member may immediately move to table 

805 

CHAPTER 47—RECONSIDERATION § 3 

that motion. 5 Hinds § 5637. Disposition of the motion to reconsider is permitted while the previous question is operating. 8 Cannon § 2784. 

§ 3. Effect of Motion 

Effect When Motion Is Entered 

After the House has voted on a proposition and a motion to reconsider 

it is entered, the effect is to suspend the proposition. Manual § 1007; 5 

Hinds § 5704; Deschler Ch 23 § 33. The motion is thereafter considered as 

pending and, if not acted on, will remain pending, even in succeeding sessions of the same Congress. 5 Hinds § 5684. However, when a Congress expires without the House having acted on the motion, the motion fails, and 

the original proposition stands or falls according to the original vote. 5 

Hinds § 5704 (footnote). 

A motion to reconsider a bill having been entered, the Speaker will normally decline to sign its enrollment until the motion is disposed of. 5 Hinds 

§ 5705. However, where a bill has been signed by the President, it cannot 

be impeached on the ground that a motion to reconsider it is still pending. 

5 Hinds § 5705 (note). 

Effect of Agreement to Motion 

When a motion to reconsider is adopted, the question immediately recurs on the proposition to be reconsidered. 5 Hinds § 5703; Deschler Ch 23 

§ 33. Thus, when the House agrees to a motion to reconsider a vote on an 

amendment, the amendment is again pending and the Chair may put it to 

a vote de novo. 5 Hinds § 5704. Likewise, when the House agrees to reconsider a vote ordering the yeas and nays (by majority vote), the question immediately recurs on ordering the yeas and nays (by one-fifth of those 

present). Manual § 1007; 5 Hinds §§ 5689-5691. However, if the proposition 

originally voted on was a motion for the previous question, that motion may 

be withdrawn after the House has voted to reconsider it, on the theory that 

the action of the House has effectively ‘‘nullified’’ the vote on the previous 

question. 5 Hinds § 5357. For further discussion of the effect of the motion 

to reconsider, see Manual § 1007. 

As Precluding Repetition of Motion 

When a motion to reconsider has been offered and acted upon, a second 

motion to reconsider is not ordinarily in order. Deschler Ch 23 § 39.16. Otherwise, it is reasoned, motions to reconsider could be offered interminably. 

Thus, a vote ordering the previous question may be reconsidered only once. 

Manual § 1006; 5 Hinds § 5655. One motion to reconsider the yeas and nays 

having been acted on, another motion to reconsider is not in order. 5 Hinds 

806 

§ 4 HOUSE PRACTICE

§ 6037. Similarly, the motion to reconsider a vote on a proposition having 

been adopted, and that vote having again been taken, a second motion to 

reconsider may not be offered unless the nature of the proposition has been 

changed by amendment. Manual § 1006; 5 Hinds §§ 5685-5688; 8 Cannon 

§ 2788; Deschler Ch 23 § 33. The general rule that precludes the repetition 

of the motion is applied even where the House rejects the first motion by 

laying it on the table. 5 Hinds § 5632; Deschler Ch 23 § 39.15. However, 

the tabling of a motion to reconsider the vote whereby the House has 

amended a Senate amendment does not preclude the House from acting on 

a subsequent Senate amendment to the same proposition or considering any 

other proper motion to dispose of an amendment that might remain in disagreement after further Senate action. Manual § 1006. 

§ 4. Who May Offer Motion 

Clause 3 of rule XIX requires the Member entering the motion to be 

‘‘on the prevailing side’’ but permits the motion to be called up by ‘‘any 

Member.’’ Manual §§ 1003, 1004. Under this rule, the entering of the motion and the offering of the motion are regarded as separate events. 8 Cannon § 2785. However, under the modern practice the motion rarely is ‘‘entered’’ but is considered pending when offered. Thus, the Member offering 

a motion not previously entered must qualify as being on the prevailing side 

of the issue to be reconsidered. Manual § 1004; 2 Hinds § 1454. 

With respect to pro forma motions to reconsider (see § 2, supra), any 

Member may object to the Chair’s statement that ‘‘without objection’’ a motion to reconsider a vote just taken be laid on the table and need not have 

voted on the prevailing side to make such an objection. However, if objection is made, only a Member who voted on the prevailing side may offer 

the motion to reconsider the vote. Manual § 1004. 

Likewise ineligible to move the reconsideration of a record vote are 

Members who were absent at the time of the vote (5 Hinds § 5619), or who 

failed to vote (8 Cannon § 2774). 

In the case of a tie vote (a tie vote resulting in the defeat of the proposition), a Member voting in the negative qualifies as voting on the prevailing 

side. 5 Hinds § 5616. In the case of a proposition that did not receive a requisite two-thirds vote for approval, a Member voting in the negative qualifies. 5 Hinds §§ 5617, 5618. However, the motion to reconsider may not be 

applied to a negative vote on the motion to suspend. Manual § 886a; 5 

Hinds § 5645; 8 Cannon § 2781. 

When a vote is not recorded, any Member, regardless of how such 

Member voted, may enter the motion. Manual § 1004; 8 Cannon § 2775; 

807 

CHAPTER 47—RECONSIDERATION § 5 

Deschler Ch 23 § 33. Any point of order relating to the eligibility of the 

Member to offer the motion should be raised before the ordering of the vote 

on the motion. Deschler Ch 23 § 35.4. The Chair, having voted on the prevailing side, may offer the motion to reconsider by stating the pendency of 

the motion. A Delegate or the Resident Commissioner may not offer the 

motion to reconsider. Manual § 1004. 

§ 5. When Motion Is In Order 

During the Continental Congress, there was no time limit on when the 

motion to reconsider could be offered, and the Congress often reconsidered 

matters passed on a preceding day or even several days or months before. 

5 Hinds § 5605. Today clause 3 of rule XIX provides that the motion is in 

order ‘‘on the same or succeeding day’’ as that vote; and, once entered, may 

be called up by any Member. This means that the motion to reconsider may 

be offered or entered at any time during the day on which the vote sought 

to be reconsidered is taken (5 Hinds § 5674) or on the next legislative day 

after the question to be reconsidered was voted on (Deschler Ch 23 § 35.5). 

The entry of the motion during the two days prescribed by the rule is in 

order even after the previous question is ordered or when a question of the 

highest privilege is pending. 5 Hinds § 5673; 8 Cannon § 2785. 

Once the motion has been entered within the two-day period, it remains 

pending indefinitely, even into a succeeding session of the same Congress. 

5 Hinds § 5684; 8 Cannon § 2787. When a motion to reconsider relates to 

a bill belonging to a particular class of business, the consideration of the 

motion is in order only when that class of business is again in order. 5 

Hinds § 5677; 8 Cannon §§ 2785, 2786. For example, a motion to reconsider 

the vote on a bill on the Private Calendar properly entered may be taken 

up for consideration only on a Private Calendar day. 8 Cannon § 2786. 

In accordance with the general rule that the motion to reconsider is in 

order at any time during the two days prescribed by the rule, the motion 

has been held in order: 

0 After a demand for the previous question on a related matter (5 Hinds 

§ 5656) or while the previous question is operating (5 Hinds §§ 5657- 

5672). 

0 Pending a motion to go into the Committee of the Whole. 8 Cannon 

§ 2785. 

0 At a time set apart for other business if the matter sought to be reconsidered is entertained during such time by unanimous consent. 5 Hinds 

§ 5683. 

0 After a bill to be reconsidered has gone to the Senate. 5 Hinds §§ 5666, 

5667. 

808 

§ 6 HOUSE PRACTICE

0 After the Senate has been informed of agreement by the House to a Senate 

amendment. 5 Hinds § 5672. 

0 After a bill has gone to the President. 5 Hinds § 5668. 

However, an entered motion is not in order: 

0 While another Member has the floor or while another question is pending 

before the House. 5 Hinds § 5673; 8 Cannon § 2785. 

0 While the House is dividing on a motion. 8 Cannon § 2791. 

0 In Committee of the Whole. § 1, supra. 

See also §§ 8, 12, infra. 

§ 6. Use in Standing Committees 

The motion to reconsider is in order in the procedure of standing committees. 8 Cannon § 2213. Thus, the motion to reconsider may be entered 

in a committee on the same day as the vote to be reconsidered, or on the 

next day the committee convenes with a quorum present at which business 

of that class is in order. Manual §§ 416, 1005; Deschler Ch 23 § 33. Sometimes the motion must be applied to a series of propositions seriatim to 

achieve a desired result. In a committee, reconsideration of an amendment 

may require that the motion to report first be reconsidered, and then the ordering of the previous question on the measure, before a motion can be offered to reconsider the amendment. Cf. 8 Cannon § 2789. 

A motion to reconsider is sometimes used in a committee, when it has 

obtained a quorum, to order reports on bills approved earlier in the day in 

the absence of a quorum. Deschler Ch 23 § 39.1. 

§ 7. Forms 

Following are the forms for entering the motion to reconsider, for subsequently calling it up and bringing it to a vote, and for offering the socalled pro forma motion. 

Entering the Motion 

MEMBER: I enter a motion to reconsider the vote by which the bill H.R. 

ll was passed [or rejected]. 

Offering the Motion 

MEMBER: I move to reconsider the vote by which the bill H.R. ll 

was passed [or rejected]. 

SPEAKER: The gentlelll moves to reconsider the vote on H.R. 

ll. As many as are in favor of the motion say ‘‘aye.’’ 

809 

CHAPTER 47—RECONSIDERATION § 10 

Pro Forma Motion—By the Speaker 

SPEAKER: Without objection, a motion to reconsider is laid on the table. 

Note: Any Member may object to the Chair’s statement 

that ‘‘without objection’’ a motion to reconsider a vote 

just taken be laid on the table (the Member need not be 

on the prevailing side). However, if objection is heard, 

only a qualified Member may call for reconsideration of 

the vote, and another Member may move to lay that motion to reconsider on the table. Manual § 1004. 

§ 8. Precedence and Privilege of Motion 

Under clause 3 of rule XIX, when no other question is pending, the motion to reconsider takes precedence over all other questions except the consideration of a conference report or a motion to adjourn. Manual §§ 1003, 

1005; 8 Cannon § 2787. For example, the motion to reconsider takes precedence of a motion to go into the Committee of the Whole. 8 Cannon § 2785. 

However, the motion is subject to the question of consideration (8 Cannon 

§ 2437) and the motion to lay on the table (8 Cannon § 2652), unless the 

Chair has put the question on the motion to reconsider (Manual § 1009). The 

precedence given the motion by the rule permits it to be offered even after 

the previous question has been moved or while it is operating. 5 Hinds 

§§ 5656-5662; 8 Cannon § 2784. A motion to reconsider a secondary motion 

(such as a motion to postpone) that was rejected is highly privileged and 

may be entertained by the Chair even after the manager of the main proposition has yielded time to another Member and before that Member has 

begun debate. 96-2, May 29, 1980, p 12663. 

§ 9. Quorum Requirements 

In general, the motion to reconsider cannot be agreed to in the House 

in the absence of a quorum when the vote to be reconsidered requires a 

quorum. 5 Hinds § 5606; Deschler Ch 23 § 33. A quorum is not necessary 

on a motion to reconsider the vote whereby the yeas and nays were ordered 

because the yeas and nays may be ordered by one-fifth of the Members 

present. 5 Hinds § 5693. 

§ 10. Debate and Voting; Withdrawal 

Debate 

If debatable, the motion to reconsider is debated under the hour rule. 

Deschler Ch 23 § 41.1. Debate is under the control of the Member offering 

the motion if the proposition proposed to be reconsidered was debatable. 5 

810 

§ 11 HOUSE PRACTICE

Hinds § 5696; 8 Cannon § 2792. If the proposition proposed to be reconsidered was not debatable, then the motion calling for reconsideration is itself 

not debatable. 5 Hinds §§ 5694, 5695, 5698; Deschler Ch 23 § 33. Thus, the 

motion to reconsider a vote ordering the previous question is not debatable. 

Manual § 1010. 

An earlier view was that a motion to reconsider a vote may be debatable even if the previous question was operating at the time of such vote, 

on the theory that the vote of the House ‘‘exhausted the previous question 

so as to open up the motion to debate.’’ 5 Hinds § 5494. However, the current view is that, if the proposition to be reconsidered was voted on under 

the operation of the previous question, the motion to reconsider is not debatable because a primary function of the previous question is to terminate debate. Manual § 1010; 5 Hinds §§ 5656, 5701; Deschler Ch 23 § 38.7; Deschler-Brown Ch 29 § 6.49 (note). If the motion is agreed to, and if that proposition is again taken up, it is voted on without debate unless the ordering 

of the previous question itself is reconsidered. Deschler-Brown Ch 29 

§ 6.49. 

Voting 

A simple majority vote is sufficient to adopt a motion to reconsider, 

even when the vote reconsidered requires two-thirds for affirmative action. 

Manual § 1008; 5 Hinds §§ 5617, 5618; 8 Cannon § 2795. A majority vote 

also is required to reconsider a vote ordering the yeas and nays, although 

one-fifth is sufficient to order the yeas and nays. 5 Hinds §§ 5689-5692; 8 

Cannon § 2790. If the House votes to reconsider, the yeas and nays may 

be ordered again by one-fifth. 5 Hinds § 5689. The motion to reconsider, 

and a motion to table such motion, are subject to postponement. Clause 8 

of rule XX. 

Withdrawal of Motion 

The motion to reconsider having been entered within the time specified 

by the rules—that is, on the same or succeeding day as the vote on the 

proposition to be reconsidered—it may not be withdrawn without the consent of the House. Manual § 1003. 

§ 11. Application to Particular Propositions 

Generally 

Clause 3 of rule XIX applies whenever ‘‘a motion has been carried or 

lost. . . .’’ Manual § 1003. The term ‘‘motion’’ in this rule has been construed so as to permit reconsideration of a wide variety of propositions. See 

§§ 12-14, infra. The motion is applicable whether the passage of the propoVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00820 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 47—RECONSIDERATION § 11 

sition required a simple majority or a two-thirds vote. 8 Cannon § 2778. 

However, the motion is not in order when dilatory and manifestly for the 

purpose of delay. 5 Hinds §§ 5731-5733, 5735, 5739; 8 Cannon §§ 2797, 

2815, 2822. 

House Orders 

The motion to reconsider applies to the vote on a House order, although 

the execution of that order has begun. 3 Hinds § 2028; 5 Hinds § 5665. The 

motion may be applied to a vote ordering the yeas and nays (5 Hinds 

§§ 5689-5691; 6029; 8 Cannon § 2790) or to a vote refusing the yeas and 

nays (5 Hinds § 5692) or to the vote by which the House refuses to order 

a third reading of a bill (8 Cannon § 2777). The motion to reconsider also 

may be used to reopen the proceedings whereby the House has voted to expunge certain matter from the Congressional Record. Deschler Ch 23 § 39.7. 

The motion may not be applied to the vote by which the House has 

decided a question of parliamentary procedure submitted by the Speaker for 

the decision of the House. Manual § 1006; 8 Cannon § 2776; Deschler Ch 

23 § 33. However, the motion may be applied to a vote laying an appeal 

on the table. Compare 5 Hinds § 5630 with 5 Hinds § 5631. 

Referrals 

Under clause 4 of rule XIX, measures referred to a committee may not 

be brought back into the House on a motion to reconsider. Manual § 1011. 

This rule, which was adopted in its present form in 1880, was intended to 

prevent a Member from bringing back into the House, on a motion to reconsider, any matter that such Member had obtained unanimous consent to introduce or submit for reference. 5 Hinds § 5647. The rule was intended to 

apply to the initial formal reference to a committee and not to a motion to 

recommit. Deschler Ch 23 § 39.6. However, it is too late to reconsider a 

vote by which a measure was recommitted to committee after the committee 

report has been made. 5 Hinds § 5651. 

In Relation to Previous Question 

The motion to reconsider may be applied only once to a vote ordering 

the previous question. 5 Hinds § 5655; 8 Cannon § 2790. It may not be applied to a vote ordering the previous question that has been partially executed. For example, if the previous question has been ordered on a bill and 

an amendment thereto, and the amendment has been disposed of, the vote 

upon which the previous question was ordered is not subject to reconsideration. 5 Hinds §§ 5653, 5654. However, if the special order of business governing consideration of a measure orders the previous question on the measVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00821 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
812 

§ 12 HOUSE PRACTICE

ure, and on any amendment thereto, to final adoption or passage without 

intervening motion except one motion to recommit (which is the modern 

practice), the vote upon which an amendment was disposed of is subject to 

reconsideration. 111-1, June 17, 2009, p ll. 

§ 12. — Other Motions and Requests 

Generally 

The motion to reconsider is applied to permit the House to review its 

vote on certain motions, including: 

0 An affirmative vote on a motion for the previous question, unless the previous question has been partially executed, as by a vote on certain 

amendments. 5 Hinds §§ 5653-5655; Deschler Ch 23 § 33. 

0 A vote on the motion to lay on the table, whether decided in the affirmative or in the negative. 5 Hinds §§ 5628, 5629, 5695, 6288; 8 Cannon 

§ 2785; Deschler Ch 23 § 38.1. However, a motion to lay a motion to 

reconsider on the table is not subject to reconsideration. 5 Hinds 

§§ 5632-5640. 

0 An affirmative vote on a motion to go into the Committee of the Whole. 

5 Hinds § 5641; Deschler Ch 23 § 33. 

0 An affirmative vote on the question of consideration. Manual § 907. 

0 An agreement by the House to a unanimous-consent request. 8 Cannon 

§ 2794; Deschler Ch 23 § 33. 

0 An affirmative vote on a motion to suspend the rules. Manual § 886a. 

When Not Applicable 

The motion to reconsider may not be applied to votes rejecting certain 

motions, such as: 

0 A vote rejecting a motion to go into the Committee of the Whole. 5 Hinds 

§ 5641. 

0 A vote rejecting the question of consideration. 5 Hinds §§ 5626, 5627; 

Deschler Ch 23 § 39.14. 

0 A vote rejecting the motion to suspend the rules. Manual § 886a; 5 Hinds 

§ 5645; 8 Cannon § 2781; Deschler Ch 23 § 33. 

0 A vote rejecting a motion to recess. 5 Hinds § 5625. 

0 A vote rejecting a motion to adjourn. 5 Hinds §§ 5620-5622. 

0 A vote rejecting a motion to fix the day to which the House would adjourn. 

5 Hinds § 5624. But see 5 Hinds § 5623. 

Certain motions or questions are not subject to the motion to reconsider 

because of the adoption of ‘‘expedited procedures’’ prescribed by statute 

and intended to bring a legislative matter to a final conclusion without all 

the procedural protections normally accorded. See Manual § 1130 for examples of such laws. Another example is found in section 305(a) of the ConVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00822 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
813 

CHAPTER 47—RECONSIDERATION § 14 

gressional Budget Act of 1974, which precludes the motion to reconsider 

the vote by which a concurrent resolution on the budget is agreed to or disagreed to and the vote on adoption of a conference report on the same. 

§ 13. — Bills and Resolutions; Amendments 

The motion to reconsider may be applied to the vote by which a bill 

or joint resolution was passed (5 Hinds § 5666), including a private bill (4 

Hinds §§ 3468, 3469); to a vote on the engrossment of the bill (5 Hinds 

§ 5663); to a vote refusing to order a third reading of the bill (8 Cannon 

§ 2777); and to a vote by which a measure was recommitted to committee 

(Deschler Ch 23 § 39.6). The motion also is applied to permit reconsideration of a vote on a resolution. 5 Hinds § 5609. 

The motion to reconsider may be applied to permit reconsideration of 

a vote on an amendment; however, if the motion is not offered until after 

the passage of the amended bill, such reconsideration can be secured only 

after a successful motion to reconsider the vote on the passage of the bill. 

Cf. 8 Cannon § 2789. Similarly, to entertain a motion to reconsider a vote 

on an amendment to an amendment, it is first necessary to vote to reconsider the vote by which the original amendment, as amended, was disposed 

of. Deschler Ch 23 § 33. 

§ 14. — Amendments Between the Houses; Conference Reports 

A motion to reconsider may be applied to a vote on a Senate amendment to a House bill. The fact that the House has informed the Senate that 

it has voted to agree to such an amendment does not prevent a motion to 

reconsider that vote. 5 Hinds § 5672. However, such a motion must be timely offered. See § 15, infra. After a conference has been agreed to and the 

managers for the House appointed, it is too late to move to reconsider the 

vote whereby the House acted on an amendment in disagreement. 5 Hinds 

§ 5664. 

The motion to reconsider may be applied to a vote on a conference report or to a vote recommitting a conference report. Deschler Ch 23 §§ 39.4, 

39.5. After disposition of a conference report and amendments reported 

therefrom in disagreement, it is in order to move to reconsider the vote on 

a motion disposing of one of the amendments. Manual § 1006. 

Tabling a motion to reconsider ordinarily prevents the House from reconsideration of the vote in question. However, the laying on the table of 

a motion to reconsider the vote whereby the House has amended a Senate 

amendment does not preclude the House from acting on a subsequent Senate 

amendment to the same proposition or considering any other proper motion 

814 

§ 15 HOUSE PRACTICE

to dispose of an amendment that might remain in disagreement after further 

Senate action. Manual § 1006. 

§ 15. — Measures Sent to the Senate or the President 

The motion to reconsider may be applied to a measure that has been 

sent to the Senate. If that motion is agreed to, a motion to recall the measure is privileged. 5 Hinds §§ 5666, 5667, 5669. Older precedents suggest 

that reconsideration of the vote on the measure may be permitted even if 

the measure has passed both Houses and even if the measure has been sent 

to the President. 4 Hinds §§ 3466-3469; 5 Hinds § 5668. It would appear, 

however, that once the bill has been signed by the President, it cannot be 

called into question pursuant to a pending motion to reconsider the measure. 

5 Hinds § 5704 (note). If the President returns the bill to the House with 

objections, and the House votes on the passage of the bill notwithstanding 

the objections of the President, that vote is not subject to the motion to reconsider because the Constitution expressly provides for that vote as one in 

the nature of reconsideration. U.S. Const. art. I, § 7, cl. 2; Manual § 109; 

5 Hinds § 5644; 8 Cannon § 2778. 

815 

Chapter 48 

Refer and Recommit 

A. GENERALLY; MOTIONS

§ 1. In General 

§ 2. Form and Effect of Motion 

§ 3. Referral to Particular Committees 

§ 4. Motions in Committee of the Whole 

B. THE SIMPLE MOTION TO REFER

§ 5. In General 

§ 6. Precedence; Relation to Other Motions 

§ 7. Debate on Motion 

C. REFERRAL PENDING MOTION TO STRIKE ENACTING CLAUSE

§ 8. In General 

D. REFERRAL PENDING OR AFTER ORDERING THE PREVIOUS

QUESTION

§ 9. In General; When in Order 

§ 10. Application of Motion 

§ 11. Who May Offer Motion; Recognition 

§ 12. Debate on Motion 

E. RECOMMITTAL PENDING FINAL PASSAGE

§ 13. In General 

§ 14. Who May Offer Motion; Recognition 

§ 15. Debate on Motion 

§ 16. Effect of Special Orders of Business 

F. MOTIONS WITH INSTRUCTIONS

§ 17. In General 

§ 18. Instructions to Report ‘‘Forthwith’’ 

§ 19. Dividing the Question on Instructions 

§ 20. Instructions Subject to a Point of Order 

816 

§ 1 HOUSE PRACTICE

Research References 

5 Hinds §§ 5521-5604 

8 Cannon §§ 2695-2773 

Deschler Ch 23 § 25 

Manual §§ 420, 427, 448-451, 494, 916, 917, 1001-1002c 

A. Generally; Motions 

§ 1. In General 

When a bill is introduced, it is referred to one or more committees by 

direction of the Speaker. See BILLS AND RESOLUTIONS. When a bill is reported by a committee, it is referred to the appropriate calendar by direction 

of the Speaker. See CALENDARS. 

Motions for the referral, committal, or recommittal of a matter to a 

committee are permitted at certain narrowly circumscribed stages of the legislative process. These motions are: 

0 The ordinary motion to refer ‘‘when a question is under debate’’ under 

clause 4 of rule XVI. Manual §§ 911, 916. 

0 The motion to recommit (or commit, as the case may be) a matter to a 

committee pending or after the ordering of the previous question thereon 

under clause 2 of rule XIX. Manual § 1001. 

0 The motion to refer a bill to a committee pending a vote in the House on 

a motion to strike the enacting words as provided in clause 9 of rule 

XVIII. Manual §§ 988, 989. 

When the House recodified its rules in the 106th Congress, it consolidated the last sentence of former clause 1 of rule XVII and certain provisions of former rule XVI clause 4, addressing the motion to recommit, under 

clause 2 of rule XIX. Manual § 1001. 

§ 2. Form and Effect of Motion 

MEMBER: Ml. Speaker, I move to refer (or commit or recommit) the 

bill (or resolution) to the Committee on lll. 

Such motion may or may not be subject to debate, depending on the 

applicable rule. The motion itself may not include a preamble, argument, or 

explanation. 5 Hinds § 5589; 8 Cannon § 2749. The motion may include instructions. See §§ 17-20, infra. The ‘‘straight’’ motion (without instructions) 

sends a measure to a specified committee and leaves the disposition thereof 

to the discretion of the committee. Deschler Ch 23 § 25. 

A ‘‘straight’’ motion to recommit and a motion to recommit with instructions have equal precedence. 8 Cannon §§ 2714, 2758. 

817 

CHAPTER 48—REFER AND RECOMMIT § 5 

§ 3. Referral to Particular Committees 

The motion to refer, commit, or recommit may propose a referral to a 

named standing committee, or to two or more standing committees, without 

regard to the usual rules governing committee jurisdiction. 4 Hinds §§ 4375, 

4401; 5 Hinds § 5527; Deschler Ch 23 § 25. The motion may provide for 

referral to a committee other than that reporting the underlying measure. 8 

Cannon § 2696. 

A matter may be referred on motion to the Committee of the Whole 

(5 Hinds §§ 5552, 5553, 6631) or to a select committee, including one that 

is established pursuant to the motion (4 Hinds § 4401). However, motions 

for the referral of a matter to a subcommittee are not in order. 8 Cannon 

§ 2739. 

§ 4. Motions in Committee of the Whole 

The motions permitted by House rules for the referral of a matter do 

not apply in Committee of the Whole. 4 Hinds § 4721; 8 Cannon §§ 2326, 

2327. It is in order under certain circumstances in the Committee to move 

that the Committee rise and report back to the House with the recommendation that the measure under consideration be recommitted. Such a motion 

is usually precluded by the language of a special order of business from the 

Committee on Rules ordering the previous question. If such a motion is permitted, it is entertained only at the completion of the reading of the bill for 

amendment. Manual § 916; 4 Hinds §§ 4761, 4762; Deschler Ch 23 § 26.5. 

The House, while acting in the House as in the Committee of the 

Whole, may refer a matter to a committee. 4 Hinds §§ 4931, 4932. 

B. The Simple Motion to Refer 

§ 5. In General 

Generally; When to Offer 

A simple motion to refer is permitted by clause 4(a) of rule XVI ‘‘when 

a question is under debate.’’ Manual §§ 911, 916. This motion is in order 

pending the consideration of the underlying matter. The motion may be offered by any Member, who need not qualify as being in opposition to the 

pending question. Deschler Ch 23 § 25. 

The motion to refer under clause 4 of rule XVI may be offered before 

the proponent of the proposition is recognized to control debate on the underlying measure. Deschler-Brown Ch 29 § 68.51. The motion may not be 

offered while another Member holds the floor in debate. 6 Cannon § 468; 

818 

§ 6 HOUSE PRACTICE

8 Cannon § 2742. Once disposed of, it cannot be offered again at the same 

stage of the question on the same day. Manual § 918. 

Application of Motion 

A measure before the House under the general rules of the House is 

subject to the motion. The motion is applicable to: a measure called up from 

the House Calendar (including a resolution from the Committee on House 

Administration); a resolution adopting the rules of the House; an article of 

impeachment; and a resolution raising a question of the privileges of the 

House. 6 Cannon § 549; Deschler Ch 1 § 9; Deschler-Brown Ch 29 § 68.51. 

The motion has been applied to a vetoed bill, with or without the veto message. 4 Hinds §§ 3550, 3551; for referral of Presidential messages, see Manual § 875. 

Referral With Instructions 

The motion to refer may include instructions or be amended to include 

instructions. 5 Hinds § 5521. If the previous question is rejected on the motion, amendments including proper instructions in the motion are in order. 

Manual § 917. For a discussion of instructions generally, see §§ 17-20, infra. 

§ 6. Precedence; Relation to Other Motions 

The motion to refer under clause 4 of rule XVI takes precedence over 

the motions to amend or to postpone indefinitely, but yields to the motions 

to adjourn, to table, for the previous question, or to postpone to a day certain. Manual § 911. Thus, the Chair may recognize the Member seeking to 

offer the preferential motion before the less preferential motion is read. 

Manual § 916. The motion to refer is subject to the motion to table. Manual 

§§ 911, 914. 

The motion for the previous question takes precedence over the motion 

to refer under clause 4 of rule XVI. Manual §§ 911, 916. However, where 

the motion to refer under that rule is preempted by the motion for the previous question on a resolution on which there has been no debate, rejection 

of the motion for the previous question leaves the motion to refer pending. 

101-2, Mar. 22, 1990, pp 4996-98. 

§ 7. Debate on Motion 

A motion to refer under clause 4 of rule XVI (before the previous question is ordered) is separately debatable pending the consideration of the underlying matter. Manual § 713. The motion is debatable under the hour rule. 

Deschler-Brown Ch 29 § 68.51. The scope of the debate is narrowly conVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00828 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 48—REFER AND RECOMMIT § 8 

fined and may not extend to the merits of the underlying matter. 5 Hinds 

§§ 5564-5568; 6 Cannon § 549. Such debate is terminated by the adoption 

of the previous question on the motion. Deschler Ch 23 § 25. 

C. Referral Pending Motion to Strike Enacting Clause 

§ 8. In General 

Clause 9 of rule XVIII permits the offering of a motion to refer a measure to a committee, which may include instructions, pending concurrence by 

the House in a recommendation from the Committee of the Whole that the 

enacting clause of a measure be stricken. Manual § 988. As noted elsewhere, 

the recommendation that the enacting clause be stricken may interrupt and 

supersede the offering of amendments in Committee of the Whole and, if 

agreed to by the House, defeats the bill. See COMMITTEES OF THE WHOLE. 

The motion to refer permitted by this rule is to be distinguished from 

the motion to recommit that may be made pending final passage of the bill 

under clause 2 of rule XIX. The motion to recommit pending passage ensures the right of the minority to have a final opportunity to perfect the bill 

or to return it to committee. § 14, infra. In contrast, the motion to refer 

under rule XVIII comes before action on the recommendation that the enacting clause be stricken and allows the friends of the original bill to avert 

its demise by referring it to committee where it may be considered in the 

light of the action of the House. 8 Cannon § 2629. 

The motion to refer permitted by rule XVIII may include instructions 

to report back forthwith with an amendment to the underlying bill. Manual 

§ 989. 

The recommendation that the enacting clause be stricken may not be 

combined with a recommendation that the bill be recommitted to a committee. Deschler Ch 19 § 10.10. 

Automatic Recommittal 

When the House disagrees with the recommendation of the Committee 

of the Whole to strike the enacting words and does not refer the bill under 

the provisions of the rule, the bill is recommitted to the Committee of the 

Whole, where it becomes unfinished business. This process is automatic and 

does not require a motion. 5 Hinds §§ 5326, 5345, 5346; 8 Cannon § 2633. 

820 

§ 9 HOUSE PRACTICE

D. Referral Pending or After Ordering the Previous 

Question 

§ 9. In General; When in Order 

The motion to recommit (or commit, as the case may be) is authorized 

under clause 2 of rule XIX. Under this rule, the motion is in order pending 

the motion for the previous question or after the previous question has been 

ordered on passage or adoption. The motion may be made with instructions 

and may provide for referral to a standing or select committee. Manual 

§ 1001. It is not necessary that the underlying proposition be reported from 

a committee. 95-2, July 12, 1978, p 20504. Only one proper motion to commit is in order under the rule. Manual § 1002b; 5 Hinds § 5577. 

If the previous question has been ordered on a proposition on which 

there has been no debate, and a Member insists on the 40 minutes of debate 

permitted by rule, the motion to commit should be made only after such 

debate. Manual § 999; 99-1, May 8, 1985, p 11072. 

When the previous question is ordered on all stages of a bill to final 

passage, the motion to commit is not in order before engrossment or third 

reading. Manual § 1002; 5 Hinds §§ 5578-5581. The motion to commit may 

be made pending the demand for the previous question on passage or adoption but, at that stage, is subject to the motion to table. 5 Hinds § 5576. 

Instructions With Motion 

A motion to commit under clause 2 of rule XIX may be offered with 

instructions, such as an instruction to report back with an amendment. Manual § 1002b. Thus, a motion to commit a resolution electing minority Members to standing committees may be offered with instructions to a select 

committee to report back ‘‘forthwith’’ with an amendment adding the names 

of additional Members. Deschler-Brown Ch 29 § 23.55. For a discussion of 

instructions generally, see §§ 17-20, infra. 

Amendments to Motion 

A motion to commit may be amended, as by adding instructions, unless 

the previous question is ordered on the motion. 5 Hinds §§ 5582-5584; 8 

Cannon § 2695. 

821 

CHAPTER 48—REFER AND RECOMMIT § 11 

§ 10. Application of Motion 

The rule authorizing the motion to commit, pending or after the previous question, is construed as applying across a broad range of legislative 

business, including: 

0 Bills and joint resolutions. 5 Hinds § 5576. 

0 Simple resolutions and concurrent resolutions. 5 Hinds § 5573; DeschlerBrown Ch 29 § 23.54. 

0 Conference reports if the other House has not discharged its managers. See 

CONFERENCES BETWEEN THE HOUSES. 

0 Senate amendments being considered in the House before the stage of disagreement. 5 Hinds § 5575. 

0 A resolution stating a question of privilege, such as a disciplinary resolution, or a resolution certifying the contempt of a committee witness. 

Deschler Ch 23 § 26.13; Deschler-Brown Ch 29 § 68.51. 

0 A resolution electing Members to standing committees. Deschler-Brown Ch 

29 § 23.55. 

The motion to commit may not be separately applied to amendments 

to the underlying proposition. Deschler Ch 23 § 25. When the previous question has been ordered on a simple resolution and a pending amendment 

thereto, the motion to commit should be offered after the vote on the 

amendment. 5 Hinds §§ 5585-5588. 

The motion does not apply to special orders of business reported by the 

Committee on Rules because clause 6(b) of rule XIII prevents the Speaker 

from entertaining dilatory motions until reports from such committee are 

disposed of. 5 Hinds §§ 5598-5601; Deschler Ch 23 § 25.11. However, if the 

motion for the previous question is rejected, this restriction no longer strictly 

applies. Manual § 858. 

§ 11. Who May Offer Motion; Recognition 

As noted elsewhere in this chapter, priority in recognition on a motion 

to recommit a bill pending final passage under clause 2 of rule XIX is given 

to an opponent of the bill. § 14, infra. Thus, an opponent, with preference 

given first to the Minority Leader or a designee and then to a minority 

member of the reporting committee (in order of seniority on the committee), 

has priority in recognition to offer the motion under rule XIX. Manual 

§ 1001. However, if the underlying matter is a resolution offered from the 

floor as a question of the privileges of the House, the Member offering the 

motion to commit need not qualify as opposed to the resolution. DeschlerBrown Ch 29 § 23.60. 

822 

§ 12 HOUSE PRACTICE

It is the prerogative of the minority, when the House is operating under 

general parliamentary procedure, to offer a motion to commit the resolution 

adopting the rules, but the minority Member offering the motion need not 

qualify as opposed to the resolution (because rule XIX has yet to be adopted). Manual § 60. 

§ 12. Debate on Motion 

Under clause 2 of rule XIX, a motion to commit with instructions is 

not separately debatable after the previous question is ordered on the underlying simple or concurrent resolution. 5 Hinds § 5582. Thus, the previous 

question having been ordered on a resolution before adoption of the rules, 

the motion to commit—even one including instructions—is not debatable. 

Manual § 60. As to the debate permitted on a motion to recommit pending 

final passage of a bill or joint resolution, see § 15, infra. 

E. Recommittal Pending Final Passage 

§ 13. In General 

The motion to recommit a bill or joint resolution after the previous 

question has been ordered on the question of final passage is authorized by 

clause 2 of rule XIX. Clause 2(b), which permits debate on the motion, does 

not apply to simple resolutions, concurrent resolutions, or conference reports. Manual § 1001; § 15, infra. A Member wishing to raise or reserve a 

point of order against the motion to recommit may do so after the motion 

is offered but before debate has begun thereon. 104-1, June 22, 1995, p 

16842. 

When in Order 

The motion to recommit a bill is typically made after the engrossment 

and third reading of the bill. Deschler Ch 23 § 29.1; cf. 107-2, June 13, 

2002, p 10240. A Member seeking to offer the motion must be standing 

and addressing the Chair after the engrossment and third reading of the bill 

and before the Chair puts the question on passage of the bill. The motion 

comes too late when the Chair has put the question on passage and has announced the apparent result of the vote. Deschler Ch 23 §§ 29.5, 29.6. 

Repetition of Motion 

Clause 2 permits only one motion to recommit after the previous question has been ordered. However, if the motion is ruled out on a point of 

823 

CHAPTER 48—REFER AND RECOMMIT § 14 

order, its proponent or another qualifying Member is entitled to offer a proper motion to recommit. Manual § 1002b; 8 Cannon § 2713. 

Amendments to Motion 

A motion to recommit is subject to amendment until the previous question is ordered on the motion. Deschler Ch 23 § 25.1. If the previous question on the motion is not ordered, the motion is open to amendment. Deschler Ch 23 § 25.2. The amendment must be germane to the pending measure 

and not necessarily to the original motion. Manual § 1002a; see § 17, infra. 

In order to be recognized for an amendment to such motion, a Member must 

either be yielded to for that purpose by the proponent or the previous question must be defeated. 107-2, Feb. 27, 2002, pp 2080-85. Any point of order 

against an amendment to the motion should be raised immediately following 

the reading of the amendment. Manual § 924. 

§ 14. Who May Offer Motion; Recognition 

SPEAKER: Is the gentlelll opposed to the measure? 

This is the threshold question to be put by the Chair in determining a 

Member’s qualification to offer a motion to recommit. Deschler Ch 23 § 25. 

At one time the applicable rule was construed to give the friends of the bill 

an opportunity to correct any errors in the bill before the House voted on 

passage. 8 Cannon § 2762. Under clause 2 of rule XIX, the Speaker is required to give preference in recognition to a Member who is opposed to 

the bill, whether the motion is made with or without instructions. Manual 

§ 1002c. This rules change was intended to allow the minority a final opportunity to return the bill to committee or (through instructions) to have its 

version of the bill brought to a vote. Deschler Ch 23 § 25. 

In recognizing a Member to move to recommit, the Chair does not attempt to assess the degree of that Member’s opposition and takes the Member’s word. The Chair makes no distinction between Members who are 

unqualifiedly opposed and those who phrase their opposition ‘‘to the bill in 

its present form.’’ It is not the province of the Chair to direct a Member, 

having qualified as opposed, to vote against the measure after rejection of 

the motion to recommit. Manual § 1002c. 

Among Members opposed to the bill, the Speaker will first look to the 

Minority Leader or a designee, then to minority members of the committee 

reporting the bill (in order of seniority on the committee), then to other minority Members, and finally to majority Members. Manual § 1002c. These 

principles of recognition are followed even where a bill under consideration 

is not reported from committee. See 89-1, Sept. 29, 1965, p 25439; 96-1, 

824 

§ 15 HOUSE PRACTICE

Nov. 28, 1979, pp 33904, 33906, 33914. Priority in recognition to the Minority Leader or a designee is imputed from the form of clause 6 of rule 

XIII. § 16, infra. 

It is not too late for a senior member of the committee to seek recognition where another minority Member has qualified as opposed to the bill 

but where such individual’s motion has not yet been read by the Clerk. 

Deschler Ch 29 § 8.21. 

Recognition for Amendments to Motion 

If the previous question is not ordered on a motion to recommit, the 

person offering an amendment to the motion does not have to qualify as 

being opposed to the bill. Deschler Ch 23 § 27.14. A Member who, in the 

Speaker’s determination, led the opposition to ordering the previous question 

on the motion to recommit—such as the chair of the committee reporting 

the bill—is entitled to offer an amendment to the motion regardless of party 

affiliation. Manual § 1002c. 

§ 15. Debate on Motion 

Generally 

Under a prior form of the rule, the straight motion to recommit was 

not debatable whether offered pending the previous question on the measure 

or after the previous question had been ordered. 5 Hinds § 5582; Deschler 

Ch 23 § 25. However, in the 111th Congress, clause 2 of rule XIX was 

amended and the motion to recommit a bill or joint resolution is now debated under the terms of clause 2(b)(1) whether or not such motion contains 

instructions. Manual § 1002a. Under that rule, a motion to recommit a bill 

or joint resolution on which the previous question is ordered to passage is 

debatable for 10 minutes, five minutes in favor of the motion and five opposed. Under clause 2(c) debate may be extended to one hour, equally divided, upon demand of the majority floor manager of the bill. Manual 

§ 1001. The debate permitted by the rule is inapplicable to a simple or concurrent resolution or a conference report. Manual § 1002a. 

Control of Debate Time 

The Member in support of a motion to recommit with instructions is 

recognized for five minutes and must use or yield back all of that time. 

Such Member may not reserve a portion thereof. However, the Member offering the motion may, at the conclusion of the 10 minutes of debate, yield 

to another Member to offer an amendment to the motion if the previous 

question has not been ordered on the motion. Manual § 1002a. 

825 

CHAPTER 48—REFER AND RECOMMIT § 17 

A Member recognized for five minutes in opposition to a motion to recommit with instructions controls the floor for debate only and may not 

yield to another Member to offer an amendment to the motion to recommit. 

Deschler Ch 23 § 30.4. Where debate time on a motion to recommit with 

instructions has been lengthened by a special order of business, the Chair 

has allowed time to be allocated and controlled and has permitted the Member controlling time in opposition to close debate. 95-2, Aug. 10, 1978, p 

25500. 

§ 16. Effect of Special Orders of Business 

Clause 6(c) of rule XIII precludes the Committee on Rules from reporting a special order of business which would prevent the motion to recommit 

a bill or joint resolution from being made as provided in clause 2(b) of rule 

XIX. That prohibition includes a motion to recommit with instructions if offered by the Minority Leader or a designee, except on a Senate bill or joint 

resolution for which the text of a House-passed measure has been substituted. Manual § 857. 

The prohibition is applicable only to the recommittal of a bill or joint 

resolution pending initial final passage and does not apply to a special order 

of business restricting the recommittal of a simple or concurrent resolution. 

Manual § 859. The Committee on Rules has reported special orders of business precluding a motion to recommit at subsequent stages; that is, during 

consideration of amendments between the Houses. See SENATE BILLS; 

AMENDMENTS BETWEEN THE HOUSES. For an exchange of correspondence 

between the chair and ranking minority member of the Committee on Rules 

regarding this practice, see 104-2, Jan. 24, 1996, pp 1228, 1229. 

F. Motions With Instructions 

§ 17. In General 

The motion to refer, commit, or recommit may include instructions. 

Such instructions may direct a designated committee to take a specified action, such as to study a subject germane to the underlying measure. Manual 

§ 1002b; Deschler Ch 23 § 25. A committee may be instructed as follows: 

0 To report ‘‘forthwith’’ with an amendment. § 18, infra. 

0 To consider the bill in relation to the President’s energy message and to 

promptly hold hearings thereon. 95-1, Apr. 29, 1977, p 12886. 

0 To hold hearings and promptly report recommendations on how to amortize 

the cost of the bill. 101-2, Mar. 29, 1990, p 6042. 

826 

§ 18 HOUSE PRACTICE

0 To examine possible measures to reduce oil prices and report amendments 

containing such measures. 106-2, Mar. 22, 2000, p 3295. 

0 To hold hearings on a proposal and to solicit the views of administration 

officials. Deschler Ch 23 § 26.2; 100-2, July 27, 1988, p 19146. 

0 To examine the sufficiency of a contempt citation and report back to the 

House. Deschler Ch 23 § 32.11. 

Under a previous form of the rule, a motion to recommit a bill or joint 

resolution with instructions could specify that the committee report back 

‘‘promptly.’’ Unlike a motion to recommit ‘‘forthwith,’’ where amendatory 

instructions are carried out immediately (see below), a ‘‘promptly’’ motion 

sent the bill back to committee whose eventual report (if any) was not immediately before the House. The instructions contained in such a motion 

were advisory only. Such ‘‘promptly’’ instructions, while no longer applicable to bills and joint resolutions, remain available for simple or concurrent 

resolutions. Manual § 1002b. 

Amendments to Instructions 

A motion to recommit with instructions may be amended if the previous 

question has not been ordered thereon. A substitute amendment which 

strikes all of the proposed instructions and inserts others in their place is 

in order if germane to the pending measure, and does not violate the right 

of the minority to move to recommit. 8 Cannon § 2759. An amendment offered to an instruction must be germane to the bill, not necessarily to the 

original instruction. Manual § 930. 

§ 18. Instructions to Report ‘‘Forthwith’’ 

The House may recommit a bill to committee with instructions to report 

an amendment ‘‘forthwith.’’ Such instructions must be complied with immediately. Manual § 1002b. The House has used this procedure even with respect to an amendment in the nature of a substitute for the entire bill. 

Deschler Ch 23 § 32.16. 

Having been instructed to report ‘‘forthwith,’’ the committee is not required to convene and consider the measure. The chair or other designated 

committee member immediately rises and announces that, pursuant to the 

instructions of the House, the measure is reported back to the House with 

the instructed amendment. Deschler Ch 23 § 25. The House then votes on 

the amendment and, if it is adopted, again on engrossment and third reading 

of the bill before final passage, as shown in the following example: 

SPEAKER: The question is on the engrossment and third reading of the 

bill. 

827 

CHAPTER 48—REFER AND RECOMMIT § 20 

Note: The question is then put. If it carries, the bill is ordered to be engrossed and read a third time, and is read 

the third time. 

MEMBER: I have a motion to recommit at the desk. 

SPEAKER: Is the gentlelll opposed to the bill? 

MEMBER: I am, Ml. Speaker [in its present form]. 

SPEAKER: The gentlelll qualifies. The Clerk will report the motion 

to recommit. 

CLERK: The gentlelll from lll moves to recommit the bill, 

H.R. ll, to the Committee on lllll with instructions to report 

the bill forthwith with the following amendment: llllll 

Note: The motion is subject to 10 minutes of debate or 

up to one hour if demanded by the floor manager of the 

bill, equally divided between the proponent and a Member opposed to the motion. § 15, supra. 

SPEAKER: Without objection, the previous question is ordered on the 

motion to recommit. The question is on the motion to recommit. 

Note: A vote having been taken and announced in the affirmative, the chair of the designated committee rises: 

CHAIR: Ml. Speaker, pursuant to the instructions of the House on the 

motion to recommit, I report back the bill, H.R. lllll, with an 

amendment. 

SPEAKER: The Clerk will report the amendment. [After Clerk reports the 

amendment.] The question is on the amendment. 

Note: The amendment is voted on; if it is adopted, the 

Speaker again puts the question on engrossment and third 

reading of the bill; if agreed to, the question is on passage 

of the bill. 

§ 19. Dividing the Question on Instructions 

On a motion to recommit with instructions, it is not in order to demand 

a separate vote on the instructions or various branches thereof. 5 Hinds 

§§ 6134-6137; 8 Cannon §§ 2737, 3170. However, when a bill is reported 

back to the House with an amendment pursuant to such instructions, a division of the question may be demanded on the amendment if the question 

is otherwise in a divisible form. Manual § 921. A motion to recommit a bill 

to conference with various instructions may not be divided. Manual § 921; 

see generally DIVISION OF THE QUESTION FOR VOTING. 

§ 20. Instructions Subject to a Point of Order 

A motion to recommit may not propose to do that which may not be 

done by amendment under the rules of the House. Manual § 1002b; 5 Hinds 

§§ 5529-5541. 

828 

§ 20 HOUSE PRACTICE

For instance, a motion to recommit may not: 

0 Propose an amendment that is not germane. 5 Hinds §§ 5529-5541, 5834, 

5889; 8 Cannon §§ 2705, 2707, 2708. 

0 Amend or eliminate an amendment adopted by the House (unless permitted 

by special order of business). 5 Hinds § 5531; 8 Cannon §§ 2712, 2714, 

2715, 2720-2724; Deschler Ch 23 § 32.20. 

0 Propose an amendment in violation of clauses 2, 4, 5, or 10 of rule XXI. 

5 Hinds §§ 5533-5540; 112-1, Mar. 3, 2011, p ll. 

0 Propose an amendment in violation of the Congressional Budget Act. Manual § 1127. 

0 Change the rules of the House by authorizing a committee to report at any 

time (5 Hinds § 5543) or by directing a committee to report by a date 

certain (5 Hinds § 5549). However, it has been held in order to reoffer 

an amendment rejected by the House. 5 Hinds §§ 5543, 5549; 8 Cannon 

§ 2728. 

0 Contain an amendment in the form of a limitation to a general appropriations bill that has not been offered in the Committee of the Whole. See 

APPROPRIATIONS. 

0 Contain argument. Manual § 1002b. 

Where a special order of business providing for the consideration of a 

bill prohibited the offering of amendments to a certain title of the bill (at 

any point during consideration), it was held not in order to offer a motion 

to recommit with instructions to amend the restricted title. However, that 

precedent should be read in light of clause 6(c)(2) of rule XIII, which precludes the Committee on Rules from reporting a rule that would prevent a 

motion to recommit from including amendatory instructions. Manual 

§ 1002b. 

Under clause 6(c) of rule XIII, the Committee on Rules may not report 

a special order of business denying to the Minority Leader or a designee 

the right to offer a motion with instructions. Manual § 857. If the special 

order of business reported from the Committee on Rules permits a motion 

to recommit ‘‘with or without instructions,’’ amendatory instructions are 

protected; and a motion to recommit may include instructions (otherwise in 

order) that modify an amendment previously agreed to by the House. This 

is true even if the House has adopted an amendment in the nature of a substitute. The insertion of the phrase ‘‘one motion to recommit with or without 

instructions’’ has become routine in special orders reported by the Committee on Rules (but is unnecessary in a special order of business that precludes amendments prior to the stage of recommittal). 

The Chair does not anticipate the content of a motion to recommit and 

will not rule in advance as to whether particular instructions which might 

829 

CHAPTER 48—REFER AND RECOMMIT § 20 

be offered as part of such a motion would be in order. Deschler-Brown Ch 

28 § 23. 

831 

Chapter 49 

Resolutions of Inquiry 

§ 1. In General 

§ 2. To Whom Resolutions May Be Directed 

§ 3. Subjects of Inquiry 

§ 4. Privilege of Resolution 

§ 5. — Resolutions Calling for Opinions 

§ 6. Committee Function 

§ 7. Consideration in the House 

§ 8. Executive Branch Responses 

Research References 

3 Hinds §§ 1856-1910 

6 Cannon §§ 404-437 

Deschler Ch 15 § 2 

Manual §§ 864-868 

§ 1. In General 

The resolution of inquiry is one of the methods used by the House to 

obtain information from the executive branch. Deschler Ch 15 § 2. Resolutions of inquiry are accorded privileged status under clause 7 of rule XIII. 

Manual §§ 864, 866. 

A resolution of inquiry is simple rather than concurrent or joint in form. 

Manual § 865. The resolution normally provides that the information be furnished directly to the House. 

A resolution of inquiry need not contain a statement as to the purpose 

for which the information is sought. 96-1, June 15, 1979, p 15027. In fact, 

the inclusion of a preamble will effectively destroy the privilege that the resolution might otherwise enjoy. See § 6, infra. 

The wording of the resolution will vary depending on the person to 

whom the resolution is directed. The House traditionally ‘‘requests’’ the 

President and ‘‘directs’’ the heads of executive departments to furnish information. Manual § 865. The resolution may include the qualifying phrase, ‘‘if 

not incompatible with the public interest,’’ or words to that effect. 3 Hinds 

§ 1896; 6 Cannon § 436; Deschler Ch 15 § 2.8. 

832 

§ 2 HOUSE PRACTICE

§ 2. To Whom Resolutions May Be Directed 

Resolutions of inquiry are directed to the President or to a cabinet officer. Deschler Ch 15 § 2. Clause 7 of rule XIII refers to ‘‘the head of an 

executive department.’’ That term does not extend beyond Cabinet officers 

to subordinate officials. Thus, a resolution of inquiry directed to the Federal 

Reserve Board (6 Cannon § 406) or to the Director of the CIA (Deschler 

Ch 15 § 2.1) would not be privileged for consideration. 

Normally, resolutions of inquiry direct the respondent to furnish information directly to the House, and it has been questioned whether directing 

the respondent to furnish information to a committee of the House would 

impair the privilege. Deschler Ch 15 § 2.26; but see 3 Hinds § 1860. 

§ 3. Subjects of Inquiry 

A wide variety of information—relating to both foreign and domestic 

affairs—may be sought pursuant to a resolution of inquiry. The House has 

agreed to such resolutions to obtain information on: 

0 Agreements between the President and the British Prime Minister. Deschler 

Ch 15 § 2.13. 

0 The relationship between the President’s brother (Billy Carter) and the Libyan Government. 96-2, Sept. 10, 1980, p 24948. 

0 The dismantlement and removal of industrial plants from postwar Germany. 

Deschler Ch 15 § 2.15. 

0 Sales to foreign countries of goods in short supply. Deschler Ch 15 § 2.22. 

0 Domestic availability of petroleum and coal. Deschler Ch 15 § 2.23. 

0 The construction of certain river improvements and the costs thereof. 3 

Hinds § 1875. 

0 Information in possession of the Department of Justice relative to a certain 

kidnapping case, including the names of those questioned in the investigation. Deschler Ch 15 § 2.19. 

0 Documents containing a list of public school systems receiving Federal aid 

that bus school children to achieve racial balance or indicating the use 

of Federal funds for such busing. Deschler Ch 15 § 2.24. 

0 Department of Defense documents regarding U.S. military assistance to certain nations. Deschler Ch 15 § 2.12. 

0 Information from the Secretary of State regarding a U.S. military alert ordered in October, 1973. 93-2, Apr. 9, 1974, p 10177. 

0 Information from the Secretary of Defense relative to congressional support 

for the C-5B aircraft. 97-2, Aug. 3, 1982, p 18947. 

0 Information from the President relative to U.S. activities in Honduras and 

Nicaragua. 98-1, May 4, 1983, p 11097. 

0 Information from the President relating to U.S. supplies of crude oil and 

refined petroleum products. 96-1, June 14, 1979, p 14951. 

833 

CHAPTER 49—RESOLUTIONS OF INQUIRY § 5 

0 Evidence compiled by the Department of Justice and the FBI in connection 

with the ABSCAM investigation (relating to bribery of certain Members 

and other public officials), and information on the amount of Federal 

spending thereon. 96-2, Feb. 27, 1980, pp 4071, 4078. 

Documents that have been sought pursuant to a resolution of inquiry 

include reports on foreign affairs, such as the so-called Pentagon Papers 

(Deschler Ch 15 § 2.2), certain text of communications between the Department of State and a U.S. Embassy (Deschler Ch 15 § 2.3), maps showing 

certain military operations (Deschler Ch 15 § 2.8), military statistical data 

(Deschler Ch 15 § 2.11), papers in the custody of the Special Prosecutor 

(Deschler Ch 15 § 2.17), and a letter from the Director of the FBI to the 

Secretary of Commerce (Deschler Ch 15 § 2.20). A resolution of inquiry, 

reported adversely in 1993, requested the President to furnish certain documents concerning the White House travel office and the FBI. 103-1, July 

20, 1993, p 16207. 

§ 4. Privilege of Resolution 

For a resolution of inquiry to have privileged status, or for the motion 

to discharge to have that status, the resolution must be addressed to the 

President or to a member of the President’s Cabinet. 3 Hinds § 1861; 6 Cannon § 406. To be privileged, the resolution should not contain a preamble. 

3 Hinds §§ 1877, 1878; 6 Cannon §§ 422, 427. It must seek facts rather than 

opinions and may not require an investigation. 3 Hinds §§ 1872-1874; 6 

Cannon §§ 427, 429, 432; § 7, infra. A resolution may be held to require 

an investigation where it calls for information that is not within the purview 

of the executive to whom the resolution is addressed. 3 Hinds § 1874; 6 

Cannon § 410. The point of order that a resolution of inquiry is not privileged should be raised after the resolution has been read but before debate 

thereon. See POINTS OF ORDER; PARLIAMENTARY INQUIRIES. 

§ 5. — Resolutions Calling for Opinions 

To enjoy privileged status, a resolution of inquiry should seek factual 

information only. It may not be considered as privileged if it calls for an 

opinion or for such facts as would inevitably require the statement of an 

opinion to answer the inquiry. Manual § 866; 3 Hinds §§ 1872, 1873; 6 Cannon § 413; Deschler Ch 15 § 2. A request for documents only is normally 

construed not to require an expression of opinion. 

834 

§ 6 HOUSE PRACTICE

Resolutions of inquiry have lost their privileged status because they 

sought opinions rather than facts, for example: 

0 The names of those certifying to an appointment unless the disclosure 

would be ‘‘distressing’’ to anyone named. 72-1, Feb. 5, 1932, p 3453. 

0 An ‘‘analysis’’ of a country’s past and present military capability. 92-1, 

July 7, 1971, p 23816. 

0 The rationale for American involvement in South Vietnam. Deschler Ch 15 

§ 2.1. 

0 The extent of damage to facilities struck by bombs. Deschler Ch 15 § 2.7. 

§ 6. Committee Functions 

Referrals and Reports; Joint Referrals 

Resolutions of inquiry are introduced through the hopper and referred 

to the appropriate committees for consideration and report. Under clause 7 

of rule XIII, committees are required to report resolutions of inquiry back 

to the House within 14 legislative days, exclusive of the day of introduction 

and the day of discharge. 3 Hinds §§ 1858, 1859. The 14-day reporting period may be extended by unanimous consent. Manual § 864; 97-2, July 12, 

1982, p 15773. In the case of a multiple referral, all committees must either 

report or be discharged before consideration, but the modern practice is to 

refer such resolutions to a single committee only. 

Discharge 

If a committee fails to file its report on the resolution to the House 

within the 14-day period, the House may consider the resolution by adopting 

a motion to discharge as follows: 

MEMBER: Ml. Speaker, I move to discharge the Committee on 

lllll from the further consideration of the resolution, H. Res. 

ll, a privileged resolution of inquiry. 

This motion is privileged for consideration after the 14-day period even 

though there may have been some delay in the transmittal of the resolution 

to the committee. Manual § 867; 3 Hinds § 1871. The motion to discharge 

is not debatable. Manual § 867. A motion to table the motion to discharge 

is in order but is likewise not debatable. 6 Cannon § 415. However, if the 

motion to discharge is agreed to, the question recurs on agreeing to the resolution of inquiry; and that question is debatable. 6 Cannon § 417. 

A committee also may be discharged from consideration of a resolution 

of inquiry by unanimous consent, even where a motion to discharge is not 

yet eligible for consideration under clause 7 of rule XIII. Deschler Ch 15 

§§ 2.17, 2.18. 

835 

CHAPTER 49—RESOLUTIONS OF INQUIRY § 7 

§ 7. Consideration in the House 

Generally; Calling Up 

A resolution of inquiry, if in proper form, is privileged, and a report 

thereon is presented from the floor rather than through the hopper. 103-1, 

July 20, 1993, p 16207. Subject to three-day report availability under clause 

4 of rule XIII, the resolution may be called up in the House and considered 

anytime after it has been reported by (or discharged from) a committee to 

which it was referred. 6 Cannon § 414; Deschler Ch 24 § 8.13. It may not 

be called up as privileged before being referred to committee. Manual § 866. 

The privilege of the resolution is not affected by an adverse report. Indeed, 

an adverse report on the resolution is itself submitted as privileged. 6 Cannon §§ 404, 410. 

The reported resolution retains its privilege after being referred to the 

calendar. 6 Cannon § 407. If it is ruled out because it was submitted through 

the hopper, it may be immediately resubmitted from the floor without loss 

of privilege. 6 Cannon § 419. 

Who May Call Up 

When a resolution of inquiry has been reported by committee within 

the 14-day time frame, only an authorized member of that committee may 

call up the resolution for consideration. 6 Cannon § 413; § 4, supra. By reporting a resolution of inquiry, even adversely, within 14 legislative days, 

the committee of jurisdiction retains control of the resolution, and a Member 

not authorized by the committee cannot call up the resolution. Manual 

§ 867; 8 Cannon § 2310. 

Three-Day Availability Requirement 

The consideration of a resolution of inquiry in the House is ordinarily 

subject to the three-day availability requirement of clause 4 of rule XIII. 

Manual § 850. However, the House has considered it on the day reported 

where no point of order was raised, or pursuant to a unanimous-consent request. Deschler Ch 24 §§ 8.13, 8.14. 

Debate; Motions 

The Member calling up a privileged resolution of inquiry is recognized 

to control one hour of debate, whether the resolution is reported from committee or is before the House pursuant to a motion to discharge. Manual 

§ 867. 

A motion to table will lie against a pending resolution of inquiry, 

whether reported favorably or adversely. Deschler Ch 15 § 2. The motion 

836 

§ 8 HOUSE PRACTICE

to table is preferential. Manual § 914. The motion may be offered before 

or after debate on the resolution. Manual § 867. 

Effect of Adjournment 

A resolution of inquiry undisposed of by the House at adjournment at 

the end of the day retains its privilege and is the unfinished business when 

that class of business is again in order under the rules. 6 Cannon § 412. On 

that day, the resolution may be called up and debated de novo. 96-1, June 

14, 1979, p 14951; 96-1, June 15, 1979, p 15027. 

§ 8. Executive Branch Responses 

Resolutions of inquiry ordinarily have been complied with pursuant to 

principles of comity between the branches of government. Deschler Ch 15 

§§ 2, 3. Responses submitted to the House by the officer named in the resolution are laid before the House and referred to the committee or committees 

reporting the resolution. 96-2, Sept. 17, 1980, p 25887. 

The House rules contain no specific provision for enforcing resolutions 

of inquiry, and there have been a number of instances in which the officer 

named has refused or declined to provide some or all of the information 

sought. For examples of conflicts with the executive branch over resolutions 

of inquiry, see Manual § 868; 6 Cannon §§ 434, 435. In such cases the 

House may renew its inquiry or demand a further or more complete answer. 

3 Hinds §§ 1890, 1891; 6 Cannon § 435. For the power of the House to 

issue subpoenas and to enforce them pursuant to contempt procedures, see 

CONTEMPT. 

837 

Chapter 50 

Rules and Precedents of the House 

§ 1. In General 

§ 2. Binding Effect 

§ 3. Construction 

§ 4. Changing or Waiving Rules 

Research References 

U.S. Const. art. I, § 5 

8 Cannon §§ 3376-3396 

Deschler Ch 5 §§ 1-7 

Manual §§ 58-61a, 283-286, 387, 388, 1130 

§ 1. In General 

Adoption of Rules 

The Constitution empowers each House to determine the rules of its 

proceedings. U.S. Const. art. I § 5; Manual § 58. The House may not by its 

rules ignore constitutional restraints or violate fundamental rights, and there 

should be a reasonable relation between the mode or method of proceeding 

established by the rule and the result that is sought. However, within these 

limitations, the House is free to adopt such rules as it sees fit. Yellin v. 

United States, 374 U.S. 109 (1963). 

It is customary for the House at the beginning of each Congress to 

adopt the rules by which it is to be governed during its meetings. In so 

doing, the House ordinarily will adopt the rules applicable in the previous 

Congress with such amendments as it considers necessary. Deschler Ch 1 

§ 10.5. Such rules are adopted or amended pursuant to a simple resolution 

that is called up as privileged and debated under principles of ‘‘general parliamentary law.’’ See ASSEMBLY OF CONGRESS. Changes in the rules from 

the prior Congress normally emanate from the conference or caucus of the 

party that commands a majority and thus has the responsibility for organizing the House. 

Even before adoption of rules, it is in order to consider as privileged 

a resolution in the nature of a special order of business that makes in order 

the subsequent consideration of a resolution adopting the rules for the newly 

organized House. Manual § 60; 5 Hinds 5450. 

838 

§ 1 HOUSE PRACTICE

When a member of the majority party offers a resolution providing 

rules for the new Congress: 

0 The resolution is debatable for one hour. 

0 The resolution is not subject to amendment unless the previous question is 

rejected or the manager of the resolution yields for an amendment. 

Deschler Ch 1 § 10.9. 

0 A motion to refer (with instructions) is in order before debate begins, but 

this motion is subject to being laid on the table. Manual § 60. 

0 A motion to commit is in order pending or following the ordering of the 

previous question, which is the prerogative of the minority, but the proponent need not qualify as opposed to the resolution; and it is not debatable. Manual § 60; 5 Hinds § 5604. 

0 A majority vote is required to adopt a resolution establishing rules for a 

new Congress. 

The right of the House to determine the rules of its proceedings may 

not be impaired by repetition of dilatory motions. 5 Hinds § 5707. 

Publication 

The standing rules of the House are published each Congress in the 

House Rules and Manual pursuant to resolution. Manual, p iii. This comprehensive volume also includes, among other pertinent material, portions of 

Jefferson’s Manual, which was prepared by Thomas Jefferson for his own 

guidance while he was President of the Senate from 1797 to 1801. Under 

clause 1 of rule XXIX, the principles recorded in Jefferson’s Manual govern 

the proceedings of the House where the principles are applicable and not 

inconsistent with the standing rules and orders of the House. Manual § 1105. 

Statutory Rules and Joint Rules 

In some cases, Congress has enacted statutes setting forth rules and procedures to be followed when the House considers certain kinds of legislation, for example, the Congressional Budget and Impoundment Control Act 

of 1974. Such statutes are enacted as an exercise of the rule-making power 

of Congress, are reincorporated by reference in the preface of the resolution 

adopting the rules of each House and in clause 1 of rule XXIX, and are 

carried in the House Rules and Manual. Manual §§ 1127-1130; Deschler Ch 

5 § 3. 

Joint rules, although in common use until 1876, are rarely used today 

except to govern a joint session to count electoral votes. Manual § 220; 

Deschler Ch 10 § 2.6. 

839 

CHAPTER 50—RULES AND PRECEDENTS OF THE HOUSE § 3 

Rules Based on Precedent or Custom 

As Asher Hinds noted in his work on the precedents of the House, 

much of what is known as parliamentary law is not part of the formal written rules of the House but springs from precedent or long-standing custom. 

1 Hinds, Introduction, p iii. Such precedent may be invoked to resolve a 

procedural question in the absence of an express written rule on the subject. 

Deschler Ch 5 § 3; see also 6 Cannon, Preface, p v; Deschler, Preface, pp 

iii-xiv. More frequently, the precedents of the House are used to show the 

scope and application of one of its formal rules. A noteworthy example is 

the House germaneness rule, which is set forth very concisely in clause 7 

of rule XVI, yet has been interpreted through thousands of precedents since 

its adoption in 1789. Manual §§ 928-940; Deschler-Brown Ch 28. 

The precedents of the House, which are based primarily on the rulings 

of the Speaker or chair of the Committee of the Whole, are compiled in 

Hinds’ Precedents (1907), Cannon’s Precedents (1936), Deschler’s Precedents (1977) and Deschler-Brown Precedents. Deschler-Brown-Johnson 

Precedents, which is currently being compiled, is authorized by 2 USC 

§ 28b. 

§ 2. Binding Effect 

Parliamentary law—a term that encompasses both formal rules and usages—has come to be recognized as binding on the assembly and its members, except as it may be varied by the adoption by the membership of special rules or through some other authorized procedural device. Landes v. 

State ex rel Matson, 67 NE 189 (Ind. 1903). 

On the theory that a government of laws is preferable to a government 

of men, the House has repeatedly recognized the importance of following 

its precedents and obeying its well-established procedural rules. See, e.g., 2 

Hinds § 1317. The House adheres to settled rulings, and will not lightly disturb procedures that have been established by prior decision of the Chair. 

Deschler, Preface, p vi. However, the Speaker or Chair may refuse to follow 

a precedent even though it is relevant to a pending question, where it is the 

only precedent on the point and was not carefully reasoned. 6 Cannon § 48. 

§ 3. Construction 

When a timely point of order is raised, it is the duty of the Chair to 

determine whether language in a pending measure conforms to the rules of 

the House, although the Chair may properly decline to do so where points 

of order against the provisions have been waived by a special order of business. Deschler Ch 21 § 23.3. In construing a rule, the Speaker may look beVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00849 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
840 

§ 4 HOUSE PRACTICE

yond its terms and consider all the facts and circumstances in order to determine the intention of the House in adopting the rule. Deschler Ch 5 § 6.3. 

In construing the rules, the Chair may be guided by the general principle 

that the object of a parliamentary body is action, and not stoppage of action. 

Manual § 902. 

The absence of a formal rule governing a particular procedure does not 

necessarily mean that the procedure is permitted. Indeed, acts or proceedings 

not expressly authorized by the rules may be deemed inconsistent with, or 

in violation of, the rules. Deschler Ch 5 § 6.4. 

Where two rules of the House are in irreconcilable conflict, the one 

adopted later controls. Deschler Ch 5 § 6.1. Similarly, where the rules of 

the House and a subsequent legislative enactment are not consistent, the enactment must prevail. Deschler Ch 5 § 6.2. Similarly, a rule adopted after 

an enactment may supersede those provisions of the statute that would otherwise govern House procedure. Deschler Ch 5 § 6. 

§ 4. Changing or Waiving Rules 

Generally 

Pursuant to its authority under article I, section 5 of the Constitution, 

the House may change or waive the rules governing its proceedings. 94-1, 

Mar. 20, 1975, p 7677; 95-1, Nov. 1, 1977, p 36310. This is so even with 

respect to rules enacted by statute. Manual § 857. Once the rules have been 

adopted at the convening of the House in a new Congress, further amendments to the rules are generally implemented by resolution reported from 

the Committee on Rules. A rule may in effect be suspended or modified 

through the use of certain procedural devices, such as a unanimous-consent 

request. Deschler Ch 5 § 5. 

A motion to amend the rules of the House does not present a question 

of ‘‘constitutional’’ privilege. 8 Cannon § 3377. A question of the privileges 

of the House may not be invoked to effect a change in the rules of the 

House or their interpretation. Manual § 706; see generally QUESTIONS OF

PRIVILEGE. 

The effect of a proposed change in the rules or a proposed special order 

of business is a matter for debate and not within the jurisdiction of the Chair 

to decide on a parliamentary inquiry during its pendency. Manual § 628; 

Deschler Ch 5 § 5.12. 

For the motion to suspend the rules, see SUSPENSION OF RULES. 

841 

CHAPTER 50—RULES AND PRECEDENTS OF THE HOUSE § 4 

By Resolution 

Amendments to the rules are generally offered in the form of a privileged resolution reported and called up by the Committee on Rules. Such 

a resolution may not be amended unless the Member in charge yields for 

that purpose or the previous question is voted down. Deschler Ch 5 § 5.8. 

The resolution may be considered in the Committee of the Whole pursuant 

to the terms of a special order of business reported from the Committee on 

Rules. Deschler Ch 5 § 5.6. 

Although a resolution from the Committee on Rules to amend a House 

rule is privileged, a resolution offered from the floor to amend a House rule 

is not privileged for consideration as against a demand that business proceed 

in the regular order. 8 Cannon § 3377; Deschler Ch 5 § 5.1. 

Clause 2 of rule XV, the discharge rule, has also been used to bring 

a proposed rules change before the House. Manual § 892. 

By Unanimous Consent 

Minor changes in the standing rules may be considered by unanimous 

consent. Deschler Ch 5 § 5.2. The House may by unanimous consent waive 

the requirements of a particular rule unless the rule itself provides that it 

is not subject to waiver even by unanimous consent. See, e.g., clause 7 of 

rule XVII. 

By Special Order of Business 

The House may adopt a special order of business from the Committee 

on Rules that has the effect of setting aside the standing rules of the House 

insofar as they impede the consideration of a particular bill. Deschler Ch 

21 § 19.7. The special order of business may waive one or more—or indeed 

all—points of order against consideration of a particular bill or against provisions therein. For example, the special order of business may waive points 

of order that could otherwise be raised against legislative provisions in an 

appropriation bill, points of order based on the germaneness requirement, or 

points of order based on the Ramseyer rule. Deschler Ch 5 § 7. A rule that 

waives a point of order under section 425 of the Congressional Budget Act 

of 1974 (unfunded intergovernmental mandates) is itself subject to a point 

of order under section 426 of that Act. A rule that waives a point of order 

against earmarks (as provided for by clauses 9(a) and 9(b) of rule XXI) is 

not in order, and a point of order raised against such a rule is disposed of 

by the question of consideration, as provided by clause 9(c) of rule XXI. 

See BUDGET PROCESS; QUESTION OF CONSIDERATION. 

A special order of business that ‘‘self-executes’’ the adoption of an 

amendment is not subject to a point of order that the amendment would othVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00851 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
842 

§ 4 HOUSE PRACTICE

erwise be subject to because the amendment is not separately before the 

House during consideration of the special order of business. For example, 

a special order of business has been held not subject to points of order for 

‘‘self-executing’’ an amendment that violated clause 7 of rule XVI (germaneness) (Manual § 928), clause 2 of rule XXI (legislation on an appropriation bill) (Manual § 1044), and clause 4 of rule XXI (appropriation on 

a legislative bill) (Manual § 1065). 

For a full discussion of special orders of business, see SPECIAL ORDERS

OF BUSINESS. 

843 

Chapter 51 

Senate Bills; Amendments Between the 

Houses 

I. Disposition of Senate Bills on the Speaker’s Table 

§ 1. In General 

§ 2. By Motion 

§ 3. By Unanimous Consent 

§ 4. By Special Order of Business 

§ 5. Referral to Committee 

§ 6. — Speaker’s Discretion 

II. Senate Amendments 

A. BEFORE THE STAGE OF DISAGREEMENT

§ 7. In General; Referral to Committee 

§ 8. Consideration in the House 

§ 9. Consideration in Committee of the Whole 

§ 10. Consideration by Order of the House 

§ 11. — By Special Order of Business 

§ 12. — By Unanimous Consent 

§ 13. — By Suspension of the Rules 

§ 14. — By Sending to Conference 

§ 15. Motions; Precedence Before Stage of Disagreement 

B. REACHING THE STAGE OF DISAGREEMENT

§ 16. In General 

C. AFTER THE STAGE OF DISAGREEMENT; MOTIONS

§ 17. In General; Privilege of Motions 

§ 18. Motions in Order; Precedence of Motions 

§ 19. — To Lay on the Table 

§ 20. — To Recede and Concur 

§ 21. — To Recede and Concur with Amendment 

§ 22. — To Insist 

§ 23. — To Refer to Committee 

844 

§ 1 HOUSE PRACTICE

§ 24. — To Adhere 

§ 25. Debate; Recognition 

§ 26. Disposition of Nongermane Senate Provisions 

III. House Amendments to Senate Measures 

§ 27. In General; Degree of Amendment 

§ 28. Germaneness Requirements 

§ 29. Amending House-passed Amendments; Receding, Insisting, Adhering 

Research References 

4 Hinds §§ 3090, 3108-3111, 4796-4808 

5 Hinds §§ 6163-6253, 6308, 6310, 6324 

6 Cannon § 730; 

7 Cannon §§ 799, 819, 825; 

8 Cannon §§ 3177-3208, 3211 

Deschler-Brown Ch 32 

Manual §§ 485-488, 519, 521-529, 873, 874, 1069-1076 

I. Disposition of Senate Bills on the Speaker’s Table 

§ 1. In General 

The House and Senate must agree on every detail of a bill before it 

can be enrolled and presented to the President. U.S. Const. art. 1, § 7. The 

inability of the two Houses to agree on even the slightest amendment to a 

bill causes the loss of the bill. 5 Hinds § 6233. 

Senate bills and joint resolutions messaged from the Senate to the 

House go to the Speaker’s table for disposition pursuant to clause 2 of rule 

XIV. Under this rule, Senate bills may be referred by the Speaker to the 

appropriate standing committees in the same manner as public bills introduced by the Members. Manual §§ 873, 874; see §§ 5, 6, infra. However, 

Senate bills and resolutions that are ‘‘substantially the same’’ as House 

measures favorably reported, and not required to be considered in the Committee of the Whole, may be disposed of in the House by motion authorized 

by the reporting committee. Clause 2 of rule XIV; see § 2, infra. Senate bills 

that do not satisfy the conditions specified by that rule may be called up 

under unanimous consent, suspension of the rules, or special order of business, but not by motion. 95-2, Feb. 23, 1978, p 4480; §§ 3, 4, infra. Simple 

resolutions of the Senate that do not require House action are not referred. 

7 Cannon § 1048. 

845 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 2 

For a discussion of the House’s prerogative to originate revenue-raising 

legislation with regard to Senate amendments, see QUESTIONS OF PRIVILEGE, 

§ 5. 

§ 2. By Motion 

Generally 

Under clause 2 of rule XIV, a Senate bill or resolution received in the 

House after a House measure ‘‘substantially the same’’ has been reported 

favorably and placed on the House Calendar or Private Calendar is privileged. It may be called up from the Speaker’s table for consideration on motion directed by all reporting committees having initial jurisdiction of the 

House bill. Manual § 873; 4 Hinds §§ 3097, 3101, 3102; 6 Cannon §§ 727, 

734. The fact that a House bill substantially the same as the Senate bill has 

already passed the House and gone to the Senate does not detract from the 

privilege of the Senate bill under the rule. 6 Cannon § 734. Under the modern practice, this rule is rarely used because few measures qualify (most 

bills and joint resolutions reported in the House are referred to the Union 

Calendar). 

The motion to call up the Senate bill is not subject to the question of 

consideration but is subject to a point of order if the conditions specified 

by the rule are not satisfied. 8 Cannon § 2443. The prerequisites of the rule 

are: 

0 The Senate bill must be substantially the same as the House bill. 4 Hinds 

§§ 3098, 3099, 3107-3111; 6 Cannon § 737. 

0 The Senate bill must not require consideration in the Committee of the 

Whole, and, if private, must not involve an appropriation. 4 Hinds 

§§ 3101; 3102. 

0 The Senate bill must come to the House after the House bill is placed on 

the calendar. 4 Hinds § 3096; 6 Cannon § 738. 

0 The House bill must be on the House Calendar or Private Calendar (not 

the Union Calendar). 4 Hinds §§ 3089, 3097. 

0 Under clause 2 of rule XIV, all reporting committees having initial jurisdiction of the House measure must authorize the motion. Manual § 873. 

In determining whether the House bill is substantially the same as the 

Senate bill, amendments recommended by the House committee must be 

considered. 6 Cannon §§ 734, 736. Although a committee must authorize the 

calling up of the Senate bill, the actual motion need not be offered by a 

member of the committee. 4 Hinds § 3100; 6 Hinds § 739. The authority of 

a committee to call up a bill must be given at a formal meeting of the committee. 8 Cannon §§ 2211, 2212. 

846 

§ 3 HOUSE PRACTICE

Although the rule has been interpreted to apply to private Senate bills 

that do not involve an appropriation (4 Hinds § 3102), in modern practice 

Senate private bills on the Speaker’s table are considered by unanimous consent during the call of the Private Calendar, whether they are substantially 

the same as a House-passed private bill or not. 

Form 

The Member authorized by the committee to call up the Senate bill 

rises and addresses the Chair: 

MEMBER: Ml. Speaker, by direction of the Committee on 

lllll, I call from the Speaker’s table Senate bill S. ll, H.R. 

ll, having been reported and placed on the House Calendar. 

SPEAKER: The gentlelll calls from the Speaker’s table the bill 

S. ll, which the Clerk will report. 

Floor Consideration 

Senate bills called up under this procedure are considered under the 

general rules of the House, the Member in charge being recognized for one 

hour. 6 Cannon § 738. The procedure is as follows: 

0 The bill is read in full. 

0 The Member in charge uses or allots the hour to which such Member is 

entitled. 

0 If the previous question is not moved at the expiration of the first hour, 

another Member may be recognized for an hour. 

§ 3. By Unanimous Consent 

A Senate measure may be taken from the Speaker’s table and called 

up for consideration in the House by unanimous consent. Deschler-Brown 

Ch 32 §§ 3.4, 4.4, 4.5. Consideration in the House by unanimous consent 

is permitted even where the Senate measure ordinarily would require consideration in the Committee of the Whole. Deschler-Brown Ch 32 § 3.7. 

A unanimous-consent request to consider a Senate bill on the Speaker’s 

table may provide for its consideration in the House under the hour rule. 

It also may include a provision that a specified amendment be considered 

as pending. 97-2, Oct. 1, 1982, pp 27362, 27365-68. 

The House also may agree to a unanimous-consent request to take a 

Senate bill from the Speaker’s table and to strike all after the enacting 

clause and insert in lieu thereof certain text. Deschler-Brown Ch 32 § 3.4. 

For the Speaker’s guidelines for recognition of a unanimous-consent request 

to consider a Senate measure on the Speaker’s table, see Manual § 956 and 

RECOGNITION. 

847 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 7 

§ 4. By Special Order of Business 

The House may adopt a resolution reported from the Committee on 

Rules that provides for consideration in the House of a Senate bill on the 

Speaker’s table, even if the measure would otherwise require consideration 

in the Committee of the Whole. Deschler-Brown Ch 32 § 3.5. 

The Committee on Rules may report a special order of business permitting consideration in the House of a Senate measure from the Speaker’s 

table and preclude all intervening motions except, in the case of a bill or 

joint resolution, the motion to recommit as protected by clause 6(c) of rule 

XIII. Deschler Ch 21 § 27; see SPECIAL ORDERS OF BUSINESS. 

§ 5. Referral to Committee 

Under clause 2(b) of rule XIV, the Speaker has the discretion to refer 

Senate bills to committees in the same manner as public bills originating 

in the House (as described in clause 2 of rule XII) unless the Senate bills 

qualify for consideration under clause 2(d) of rule XIV. Manual §§ 873, 

874; 6 Cannon § 727; § 2, supra. Simple resolutions from the Senate that 

do not require any action by the House are not referred. 7 Cannon § 1048. 

§ 6. — Speaker’s Discretion 

It is the practice to refer promptly bills messaged from the Senate. Nevertheless, clause 2(b) of rule XIV is merely discretionary and not mandatory. 

Manual § 873; 4 Hinds § 3111. Furthermore, the length of time such bills 

may remain on the Speaker’s table before being referred is within the 

Speaker’s discretion. 6 Cannon § 727. Under the modern practice, the 

Speaker may hold a Senate bill at the table when a comparable House bill 

has been reported or ordered reported by a House committee or when the 

Senate measure violates a House rule (such as the rule against commemorations, clause 5 of rule XII) or the Constitution (such as the origination 

clause, article 1, section 7). For a discussion of referral of House bills with 

Senate amendments, see § 7, infra. 

II. Senate Amendments 

A. Before the Stage of Disagreement 

§ 7. In General; Referral to Committee 

Referrals by the Speaker 

Senate amendments to House bills messaged from the Senate normally 

remain at the Speaker’s table to be disposed of by unanimous consent, by 

848 

§ 8 HOUSE PRACTICE

special order of business, or by motion. However, before consideration of 

any motions to dispose of Senate amendments, the Speaker has the authority 

under clause 2 of rule XIV to refer such amendments to the appropriate 

committees and to impose any conditions permitted by clause 2 of rule XII, 

such as a time limitation for committee consideration. Manual §§ 528a, 873. 

For example, the Speaker may refer only a portion of the Senate amendment 

to the standing committee with subject matter jurisdiction, without referring 

the remainder of the Senate amendment to the committee with jurisdiction 

over the original House bill. Deschler-Brown Ch 32 § 5.29. 

The Speaker may hold at the desk or refer Senate amendments that remain undisposed of after House action. For example, the Chair indicated 

that should a resolution providing for concurring in Senate amendments to 

a House bill be rejected, the bill and amendments would remain on the 

Speaker’s table for further action by the House. Deschler-Brown Ch 32 

§ 5.45. Likewise, if objection is made to a unanimous-consent request to disagree to the amendments and agree to a conference, the Speaker is not required to send the bill and amendments directly to the committee having 

jurisdiction thereof. The Speaker may hold the bill on the table until the 

Committee on Rules has an opportunity to act or until the House takes other 

action. Deschler-Brown Ch 32 § 5.5. 

Referrals By Motion 

A motion to refer a Senate amendment that is under debate may be offered pursuant to clause 4 of rule XVI. Manual § 916. That motion takes 

precedence over the motions to agree, disagree, or amend. Manual § 528b; 

5 Hinds §§ 6172-6174. Pursuant to clause 2 of rule XIX, the motion to refer 

is in order even after the previous question has been ordered on a motion 

to concur in the Senate amendment. However, a motion to commit under 

clause 2 does not apply to a motion to dispose of a Senate amendment after 

the stage of disagreement where the motion to commit is used to displace 

a pending preferential motion. Manual § 1002. 

Referrals By Special Order of Business 

A Senate amendment may be referred to a standing committee pursuant 

to the terms of a special order of business from the Committee on Rules. 

Deschler-Brown Ch 32 § 5.33. 

§ 8. Consideration in the House 

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. Manual § 1071. This rule is applied to SenVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00858 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
849 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 10 

ate amendments to House amendments as well as to Senate amendments to 

House bills. Deschler-Brown Ch 32 § 6.1. This rule is rarely used because 

few measures qualify (most Senate amendments require consideration in the 

Committee of the Whole because they raise revenue or they directly or indirectly make appropriations of money or property). Manual § 528a. 

§ 9. Consideration in Committee of the Whole 

House bills with Senate amendments that require consideration in the 

Committee of the Whole may not be called up in the House as privileged 

for immediate consideration before the stage of disagreement. Manual 

§ 528a; 6 Cannon § 731. The only exception is a motion to ask or agree to 

a conference under clause 1 of rule XXII. 4 Hinds §§ 3149, 3150; 8 Cannon 

§§ 3185, 3194. Reaching the stage of disagreement, see § 16, infra. 

Under clause 3 of rule XXII, an amendment of the Senate to a House 

bill is subject to the point of order that it first must be considered in the 

Committee of the Whole if, originating in the House, it would be subject 

to that point of order. Manual §§ 1072-1074. The point of order permitted 

by this rule applies only before the stage of disagreement has been reached 

on the Senate amendment. It is too late to raise a point of order that Senate 

amendments should have been considered in Committee of the Whole after 

the House has disagreed thereto and the amendments have been reported 

from conference. Manual § 1073. 

Because of these restrictions against immediate consideration of Senate 

amendments in the House, it was at one time common practice to refer such 

amendments to the appropriate standing committee. 6 Cannon § 731. After 

committee consideration, they were taken up in the Committee of the 

Whole. 4 Hinds §§ 3108, 3109. Under the modern practice, most Senate 

amendments are disposed of by a special order of business reported from 

the Committee on Rules, by unanimous consent, or under suspension of the 

rules. §§ 11-13, infra. 

§ 10. Consideration by Order of the House 

If the House agrees to a request to take up a Senate amendment before 

the stage of disagreement, and if the request specifies the disposition sought 

(to concur, to amend, or to disagree), only that action is in order. Such a 

special request does not place the Senate amendment before the House for 

any alternative disposition. If, on the other hand, a Senate amendment is 

placed before the House by unanimous consent or a special order of business merely ‘‘for consideration,’’ various motions are in order in the following order of priority: to concur with an amendment, to concur, or to disVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00859 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
850 

§ 11 HOUSE PRACTICE

agree. A motion to concur with an amendment can itself be amended, if the 

motion for the previous question is rejected, to propose another amendment. 

Similarly, where the House has adopted a special order of business providing for the consideration in the House of a motion to concur in Senate 

amendments that otherwise require consideration in the Committee of the 

Whole, only the motion to concur, made in order by the special order of 

business, is in order. Other motions to dispose of the Senate amendments 

may not be offered as privileged pending, or even after rejection, of that 

motion. The rejection of such a motion does not result in disagreement to 

that amendment or permit disposition of that amendment by other motions 

(the stage of disagreement not having been reached). Deschler-Brown Ch 32 

§ 5.34. 

§ 11. — By Special Order of Business 

Generally 

Resolutions from the Committee on Rules may be used to authorize the 

consideration in the House of a motion to dispose of Senate amendments 

before the stage of disagreement that would otherwise require consideration 

in the Committee of the Whole. Such rules often authorize the chair of a 

designated committee to offer a specified motion to dispose of the Senate 

amendments. At this stage, the special order of business need not protect 

the motion to recommit because the bill is not at the stage of initial passage 

and thus clause 6(c) of rule XIII does not apply. Manual § 859. 

If a motion for the previous question is voted down on a resolution providing for consideration of the Senate amendments, the resolution is open 

to germane amendment. Deschler Ch 21 § 27.18. If a resolution providing 

for concurring in Senate amendments to a House bill before the stage of 

disagreement is rejected, the bill and amendments remain on the Speaker’s 

table for further action by the House. Deschler Ch 21 § 27.20. 

‘‘Hereby’’ Special Orders of Business 

On occasion the Committee on Rules has recommended a so-called 

‘‘hereby’’ special order of business. Such a resolution, if adopted by the 

House, orders a disposition of a Senate amendment, often before the stage 

of disagreement. Such a resolution eliminates the need for a motion to dispose of the amendment. Such rule is sometimes referred to as a ‘‘hereby’’ 

special order because the House, in adopting the resolution as drafted, 

‘‘hereby’’ agrees to the disposition of the amendment as proposed by that 

resolution. If the House adopts a resolution, no further action by the House 

851 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 12 

is required. The amendment is never itself before the House for separate 

consideration. Deschler Ch 21 §§ 27.16, 27.19. 

Special orders of this nature may include provisions for a motion to dispose of Senate amendments as well as ‘‘hereby’’ provisions applicable to 

a related proposition. 

The adoption of a ‘‘hereby’’ resolution disposing of a Senate amendment obviates the requirement of consideration in Committee of the Whole 

under clause 3 of rule XXII that would otherwise apply. Manual § 1073. 

Special Orders of Business and the Motion to Recommit 

Clause 6 of rule XIII precludes the Committee on Rules from preventing a motion to recommit with instructions a bill or joint resolution on 

which the previous question has been ordered to passage. Manual § 857. 

Under that stricture, the Committee on Rules may not propose that the 

House ‘‘hereby’’ pass a bill or joint resolution or provide for initial passage 

thereof without intervening motion (unless it is the text of a previously 

House-passed measure). 

§ 12. — By Unanimous Consent 

Generally 

Senate amendments may be considered in the House by unanimous consent, even though such amendments normally would require consideration 

in Committee of the Whole. Typically, the House will agree by unanimous 

consent to take from the Speaker’s table a House bill with Senate amendments and concur in or otherwise dispose of the amendments or permit the 

consideration of those amendments in the House. Deschler-Brown Ch 32 

§ 5.7. 

This procedure may be invoked to permit the House to consider a Senate amendment and concur therein with an amendment consisting of the text 

of a House-passed bill. 95-1, May 11, 1977, p 14390. In one instance, pursuant to a single unanimous-consent request, the House amended a Senate 

amendment with the text of another bill introduced in the House, insisted 

on the House amendment, and requested a conference. 97-2, Mar. 16, 1982, 

p 4227. In another instance, the House by unanimous consent made in order 

the consideration of a motion to disagree to any Senate amendment that 

might be added to a House-passed bill then pending in the Senate. Subsequently, pursuant to this authority, the House considered and adopted a motion disagreeing to a Senate amendment. 99-2, Aug. 15, 1986, p 22132. 

852 

§ 13 HOUSE PRACTICE

Guidelines for Recognition 

Recognition for unanimous consent to consider a Senate amendment on 

the Speaker’s table may be subject to announced guidelines imposed by the 

Speaker as a precondition to such recognition. For example, the Speaker 

may indicate an intention to recognize only the chair or other authorized 

member of the committee with jurisdiction for such unanimous-consent requests. Manual § 956. 

Form of Request as Affecting Votes 

The pendency of a unanimous-consent request to take from the Speaker’s table a measure with a Senate amendment and concur in the amendment 

precludes the necessity for a vote on the amendment because the amendment 

would be disposed of if the request is granted. Deschler-Brown Ch 32 

§§ 5.11, 9.14. The failure of a Member to object to the unanimous-consent 

request constitutes final House action on the measure, thereby precluding a 

vote on the amendment. However, a unanimous-consent request invoked 

merely to consider a Senate amendment in the House permits a vote on a 

subsequent motion to concur in the Senate amendment. Deschler-Brown Ch 

32 § 5.14. 

§ 13. — By Suspension of the Rules 

The House may consider a proposition, offered under suspension of the 

rules, taking a House bill with one or more Senate amendments from the 

Speaker’s table and concurring in, disagreeing to, or making some other disposition of, the amendment(s). Deschler-Brown Ch 32 § 5.25. 

A motion to suspend the rules and take a House bill with Senate 

amendments from the Speaker’s table and concur in the amendments with 

a designated amendment may set forth the designated amendment in the text 

of a resolution. Under prior practice, the language of the designated amendment was included in the motion itself. 95-1, July 12, 1977, p 22483; 

Deschler-Brown Ch 32 § 5.22. The House also has agreed to a motion to 

suspend the rules and agree to a resolution whereby the House agreed to 

the Senate amendment with a further amendment, insisted on the House 

amendment, and requested a conference with the Senate. 98-2, Aug. 8, 1984, 

p 22963. 

The suspension procedure in such cases does not require a resolution 

when the language to be voted on directly is in the Senate message and the 

House is not originating new language. For example, the House has agreed 

to a motion to suspend the rules and take from the Speaker’s table a Senate 

853 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 15 

bill with a Senate amendment to House amendments thereto, and to concur 

in the Senate amendment. 95-1, Oct. 18, 1977, pp 34086, 34087, 34091. 

§ 14. — By Sending to Conference 

House bills returned with Senate amendments requiring consideration in 

the Committee of the Whole may be taken from the Speaker’s table and 

sent to conference by unanimous consent. 6 Cannon § 732. Such amendments also may be sent to conference by motion under the provisions of 

clause 1 of rule XXII if the House is in possession of the official papers. 

Deschler-Brown Ch 29 § 17.1. That rule provides that a motion to disagree 

with an amendment of the Senate to a House proposition and to request or 

agree to a conference with the Senate is always in order if the Speaker has 

chosen to recognize for that purpose and if the motion is made by direction 

of the committee having jurisdiction of the subject matter of the proposition. 

Manual §§ 1069, 1070. On a bill that has been referred to more than one 

committee, the motion must be authorized by the primary committee and all 

committees of initial referral reporting thereon. Under clause 2(a)(3) of rule 

XI, a committee may adopt a rule directing the chair to offer such a motion 

whenever the chair considers it appropriate. A committee of sequential referral need not authorize a motion made by direction of the committee that 

reported the bill. Manual § 1070; see generally CONFERENCES BETWEEN THE

HOUSES. 

While a privileged motion to go to conference under clause 1 of rule 

XXII is pending, preferential motions to concur or to concur with amendment are not in order (the stage of disagreement not having been reached). 

Deschler-Brown Ch 32 § 5. 

§ 15. Motions; Precedence Before Stage of Disagreement 

The stage of disagreement not having been reached on a Senate amendment, motions in the House to dispose of the amendment are not privileged 

and require unanimous consent or a special order of business from the Committee on Rules, the only exception being a motion to ask or agree to a 

conference under clause 1 of rule XXII. Deschler-Brown Ch 32 § 5.34. 

However, if a Senate amendment is considered pursuant to an order of the 

House that does not specify the motion to be considered, the amendment 

may then be disposed of by invoking one of the motions shown in Chart 

No. 1 (§ 16, infra). Such motions are available in the specified sequence and 

are arranged in order of precedence. Manual § 528b. 

The relative preference of motions at this stage favors allowing the 

House to perfect the amendment; that is, to first consider any amendments 

854 

§ 16 HOUSE PRACTICE

to the Senate amendment before considering whether to agree or disagree 

to it. Thus, at this stage, the motion to concur with an amendment takes 

precedence over the motion to concur. Manual § 528b. These motions yield 

to the motion under clause 1 of rule XXII to disagree and send to conference, which must be made by direction of the pertinent committees. 

A motion in the House to dispose of a Senate amendment to a House 

bill is itself subject to the secondary motions ordinarily applicable to any 

question that is under debate—to table, to postpone to a day certain, to refer, 

and to amend—all of which remain privileged under clause 4 of rule XVI, 

the last three yielding to the motion for the previous question. Manual 

§ 528b. Thus, an amendment to a motion to concur in a Senate amendment 

with an amendment may not be offered unless the Member having the floor 

yields for that purpose, or unless a motion for the previous question on the 

motion is defeated. Deschler-Brown Ch 32 § 11.20. 

Where a motion to recede and concur in an amendment reported from 

conference in disagreement is divided on demand, and the House votes to 

recede, the motion to concur with an amendment may be offered as preferential to the motion to concur (the House having retreated from the stage 

of disagreement). 95-2, Oct. 5, 1978, p 33698. If the motion to concur with 

an amendment is rejected, the question recurs on the original proposal to 

concur in the Senate amendment. Deschler-Brown Ch 32 § 9.16. On rejection of a motion to concur in a pending Senate amendment, a motion to 

concur with an amendment or a motion to disagree is in order. DeschlerBrown Ch 32 § 9.17. 

A motion to concur in a Senate amendment with an amendment (before 

the stage of disagreement) is not subject to a demand for a division of the 

question. 8 Cannon § 3176. Divisibility after the stage of disagreement, see 

§§ 20, 21, infra. 

B. Reaching the Stage of Disagreement 

§ 16. In General 

Reaching the stage of disagreement is a critical threshold in the disposition of amendments between the Houses. Before the stage of disagreement 

is reached on Senate amendments, motions in the House to dispose of 

amendments that require consideration in Committee of the Whole are not 

privileged and require unanimous consent unless other action is made in 

order by a special order of business or by the prescription in clause 1 of 

rule XXII, relating to motions to ask or agree to a conference. §§ 8, 11, 15, 

supra. After the stage of disagreement has been reached, motions in the 

855 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 16 

House to resolve the matter in disagreement are privileged and do not require unanimous consent for their consideration. § 17, infra. The stage of 

disagreement having been reached, a bill with Senate amendments may be 

called up as privileged when the House is in possession of the papers. 8 

Cannon § 3194. 

Whether the House has reached the stage of disagreement also is important in determining the kinds of motions that may be sought and the 

precedence thereof. These motions (Manual § 528) are shown in Chart No. 

1 and are listed in preferential order. 

The stage of disagreement between the two Houses is reached when the 

House has either disagreed to the Senate amendments or has insisted on its 

own amendments to a Senate measure and has messaged that action to the 

Senate. Manual §§ 528a, 1074. For example, where the House concurred in 

a Senate amendment to a House bill with an amendment, insisted on the 


chart1.eps
856 

§ 17 HOUSE PRACTICE

amendment, and requested a conference, and the Senate then concurred in 

the House amendment with a further amendment, the matter was privileged 

in the House for further disposition because the House had communicated 

its insistence and request for a conference to the Senate. Manual § 1074. 

The House has reached the stage of disagreement on a bill when it has 

disagreed to a Senate amendment or insisted on a House amendment (with 

or without requesting or agreeing to a conference) and has informed the 

Senate of its action by message. Only previous insistence or disagreement 

by the House itself (and not merely disagreement, insistence, or amendment 

by the Senate) places the House in disagreement. Manual §§ 528a, 528c; 

Deschler-Brown Ch 32 § 7.5. 

Once the stage of disagreement has been reached on a bill with amendments, the House remains in the stage of disagreement until the matter is 

finally disposed of, and motions for its disposition are privileged whenever 

the House is in possession of the papers. This principle applies both where 

the stage of disagreement is reached without a conference, and where matters remain in disagreement after conferees have reported. Manual § 528c. 

Where a Senate amendment reported from conference in disagreement remains in disagreement following subsequent action by the House and the 

Senate, a further motion to dispose of that Senate amendment in the House 

is privileged under clause 4 of rule XXII and subject to one hour of debate. 

Manual § 1075. 

C. After the Stage of Disagreement; Motions 

§ 17. In General; Privilege of Motions 

Under clause 4 of rule XXII, once the stage of disagreement has been 

reached and the House is in possession of the papers, motions in the House 

to resolve the matter in disagreement are privileged and no longer require 

unanimous consent for their consideration. Deschler-Brown Ch 32 § 7.3. For 

example, the House having disagreed to a Senate amendment and the Senate 

having insisted thereon, motions to dispose of the matter in disagreement 

are privileged for consideration in the House. 

Once the stage of disagreement has been reached between the two 

Houses on an amendment, motions in the House to dispose of the matter 

at subsequent permissible stages of amendment remain privileged. For example, where the House concurred in a Senate amendment to a House bill 

with an amendment, insisted on the House amendment and requested a conference, and the Senate then concurred in the House amendment with a further amendment, the matter was privileged for further disposition in the 

857 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 18 

House because the stage of disagreement had been reached. Deschler-Brown 

Ch 32 § 7.5. 

§ 18. Motions in Order; Precedence of Motions 

Generally 

The stage of disagreement having been reached on a Senate amendment, 

the amendment is subject to disposition in the House by various motions. 

The primary motions to dispose of the amendment, arranged in preferential 

order, are shown in Chart No. 1 (§ 16, supra). Manual § 528d. These motions have precedence in the order shown without regard to the order in 

which they might be offered. 5 Hinds § 6324. A demand for the previous 

question by the Member in charge of a bill does not preclude consideration 

of a preferential motion to dispose of the amendment in disagreement. 8 

Cannon § 3204. 

In theory, once at the stage of disagreement, preferential status is accorded to a motion that tends most directly to bring the Houses into agreement. 8 Cannon § 3204; Deschler-Brown Ch 32 § 7.8. Thus, the stage of disagreement having been reached, a motion to recede and concur takes precedence over a motion to recede and concur with an amendment and a motion 

to insist on disagreement, because the motion to recede and concur most 

promptly tends to bring the two Houses together. Manual § 528d. 

For a discussion of the preferential status of a motion to insist on disagreement to a Senate amendment reported from conference in disagreement, where the original motion to dispose of the matter portends legislation 

on an appropriation bill within the jurisdiction of another committee, see 

clause 8(b)(3) of rule XXII; Manual § 1084; CONFERENCES BETWEEN THE

HOUSES. Where the matter in disagreement is a House amendment, see § 29, 

infra. 

Secondary Motions 

Secondary motions applicable when any question is under debate, such 

as the motion to table, to refer, or to postpone, are available to dispose of 

a Senate amendment and are in order when preferential. Manual § 911. The 

motion to table a Senate amendment in disagreement is preferential over 

other motions to dispose of the amendment. § 19, infra. The motion to refer 

a Senate amendment is preferential only to the motion to adhere to disagreement. Manual § 528d. A motion to recommit with instructions to report back 

forthwith with an amendment may not be offered after the previous question 

has been ordered on a motion to recede and concur, a motion of higher 

privilege. Manual § 1002; Deschler-Brown Ch 32 § 7.5. Motions to postVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00867 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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§ 19 HOUSE PRACTICE

pone, either to a day certain or indefinitely, may be presumed to have the 

lowest privilege with respect to a Senate amendment after the stage of disagreement has been reached. Manual § 528d. 

§ 19. — To Lay on the Table 

The stage of disagreement having been reached, a motion to table a 

Senate amendment to a House bill is in order and takes precedence over 

other motions to dispose of the amendment, including the motion to insist 

on disagreement. Adoption of a motion to table the amendment carries the 

bill to the table. Manual § 528d; 5 Hinds §§ 5424, 6201-6203; DeschlerBrown Ch 32 § 7.22. 

Laying on the table a motion to dispose of a Senate amendment should 

be distinguished from the tabling of the Senate amendment itself. Manual 

§§ 528d, 914. A privileged motion to dispose of a Senate amendment in disagreement is itself subject to the motion to table. Manual § 519. Thus, a motion to recede and concur is subject to the motion to table (Deschler-Brown 

Ch 32 § 7.27), as is the motion to recede and concur with an amendment 

(Deschler-Brown Ch 32 § 7.26). A motion to table a privileged motion to 

dispose of an amendment between the Houses is in order before debate 

thereon or at the end of debate (and before the previous question is ordered). 

Manual § 914; 5 Hinds §§ 5393-5395. 

Adoption of a motion to table a motion to dispose of an amendment 

represents final adverse disposition of that motion at that stage of the question, but would not necessarily dispose of the amendment or the bill, because other motions could still be available to dispose of the amendment. 

See Deschler-Brown Ch 32 § 7.10. 

§ 20. — To Recede and Concur 

In General 

After the stage of disagreement has been reached, a motion to recede 

and concur is highly preferential, yields only to a motion to table (§ 19, 

supra), and takes precedence over: 

0 A motion to recede and concur with an amendment. 8 Cannon §§ 3198, 

3202. 

0 A motion to insist on disagreement. 5 Hinds § 6208; 8 Cannon § 3194. 

0 A motion to disagree (or insist) and request a conference. Manual § 528d. 

0 A motion to adhere. 5 Hinds § 6271. 

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CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 21 

A motion to recede and concur is in order even after a motion for the 

previous question has been demanded on a motion of lesser privilege, such 

as a motion to insist. 5 Hinds § 6208. 

If the House agrees to the motion to recede and concur, other less preferential motions to dispose of the amendment fall and are not voted upon. 

Deschler-Brown Ch 32 § 10.25. However, if the House rejects the motion 

to recede and concur, further action must be taken to dispose of the amendment. Manual § 488. If the motion to recede and concur in the Senate 

amendment is defeated, a further motion relating to the amendment in disagreement is in order. Deschler-Brown Ch 32 § 10.27. If a motion to insist 

on disagreement to the Senate amendment was pending, the question would 

recur on that motion. Deschler-Brown Ch 32 § 10.28. 

Dividing the Question 

The question on a motion to recede and concur in a Senate amendment 

may be divided on demand of any Member. 8 Cannon § 3203. The division 

may be demanded as a matter of right under clause 5 of rule XVI. Manual 

§ 921. The House does not vote on whether to permit a division of the question. Deschler-Brown Ch 32 § 10.11. 

If the question on receding and concurring is divided before the ordering of the previous question, the hour rule for debate applies to each motion 

separately. See Deschler-Brown Ch 32 §§ 8.1, 10.13. 

If the question has been divided and the motion to recede is agreed to, 

then the question of concurring is before the House. Deschler-Brown Ch 32 

§ 10.20. However, the House having receded, it is no longer in the stage 

of disagreement with the Senate on that amendment, and in that event a motion to amend takes precedence over the motion to concur. 5 Hinds §§ 6209, 

6210; 8 Cannon § 3198. Thus, where a motion to recede and concur has 

been divided, and the House recedes, a motion to concur with an amendment then takes precedence over the motion to concur, is considered as 

pending if part of the original motion, and is voted on first. Manual § 528d; 

95-2, Oct. 5, 1978, p 33698-701. 

§ 21. — To Recede and Concur With Amendment 

A Senate amendment in disagreement is subject to disposition in the 

House pursuant to a motion to recede from disagreement and concur in the 

amendment with an amendment. See, e.g., 97-1, May 20, 1981, p 10319. 

This motion ordinarily yields to the motion to recede and concur but takes 

precedence over the motion to insist and over the motion to adhere. Manual 

§ 528d; 5 Hinds §§ 6219-6223; 8 Cannon §§ 3200, 3202. 

860 

§ 22 HOUSE PRACTICE

A motion to recede and concur with an amendment is subject to amendment if the motion for the previous question is voted down or if the Member in control of the floor yields for that purpose. Deschler-Brown Ch 32 

§§ 11.19, 11.21. Where one motion to recede and concur with an amendment is rejected, another motion to recede and concur with a different 

amendment may be offered. Deschler-Brown Ch 32 § 11.12. 

A motion to recede from disagreement to a Senate amendment and concur therein with an amendment may, on demand of any Member, be divided 

to permit separate votes; the House votes first on the motion to recede, and 

(if the House does recede) then on the motion to concur with an amendment. 94-1, Oct. 7, 1975, p 32064; 99-1, Nov. 1, 1985, pp 30147, 30163. 

If the House refuses to recede, the motion to further insist is in order. § 22, 

infra. 

§ 22. — To Insist 

A Senate amendment in disagreement may be disposed of pursuant to 

a motion to insist on disagreement or a compound motion to insist on disagreement and request a (further) conference. Because the motion to insist 

on disagreement and request a conference is more likely to bring the two 

Houses together, that motion takes precedence over the simple motion to insist. Manual § 528d. Where both Houses insist and neither House asks for 

a conference or recedes, the bill fails. 5 Hinds § 6228. 

A motion to insist on disagreement to a Senate amendment yields to 

preferential motions, such as a motion to recede and concur in the amendment but takes precedence over the motion to refer. 5 Hinds § 6225; 8 Cannon § 3183. A motion to insist on disagreement and request a further conference is not in order so long as preferential motions to dispose of amendments in disagreement are pending. Deschler-Brown Ch 33 § 29.50. 

The motion to insist on disagreement is in order and most commonly 

used after the House has refused to recede from disagreement to a Senate 

amendment. See, e.g., Deschler-Brown Ch 32 §§ 12.2, 12.9. Thus where the 

House refuses to recede from its disagreement to a Senate amendment—the 

motion to recede and concur having been divided on demand of a Member—the motion to insist on disagreement is in order. Deschler-Brown Ch 

32 § 12.10. Underlying these precedents is the reasoning that because the 

refusal of the House to recede is not equivalent to insisting upon disagreement, the House may vote separately on that question pursuant to the motion 

to insist on disagreement. Deschler-Brown Ch 32 § 12.8. 

A motion to insist on disagreement and request a further conference 

may be in order after the rejection of a conference report or after the conVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00870 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 23 

ference managers have reported a Senate amendment in disagreement. 

Deschler-Brown Ch 32 §§ 11.13, 12.13. For example, on rejection of a motion to recede and concur in a Senate amendment with an amendment, the 

manager may be recognized to offer a motion that the House insist on its 

disagreement to the amendment. 96-1, May 23, 1979, p 12489. Where a motion to recede and concur with an amendment to an amendment reported 

in disagreement from conference has been divided, and the motion to recede 

is rejected, the manager is entitled to recognition to offer a motion to insist 

on disagreement. 94-1, Sept. 24, 1975, pp 30081, 30082. 

Rejection of a motion to insist on disagreement to a Senate amendment 

is not tantamount to concurrence. Further action is required to dispose of 

the Senate amendment. Indeed, a motion to insist having been rejected, the 

same Member who had offered the motion may be recognized, absent recognition of another Member, to offer a motion to recede and concur. Deschler-Brown Ch 32 § 12.8. Similarly, the rejection of a motion to recede and 

concur is not equivalent to the adoption of a motion that the House insist 

on disagreement. Deschler-Brown Ch 32 § 12.5. 

Under clause 8(b)(3) of rule XXII, a motion to insist on disagreement 

to a Senate amendment to a general appropriation bill reported in disagreement by a conference committee is preferential and separately debatable if 

the original motion to dispose of the Senate amendment proposes to change 

existing law and the motion to insist is timely offered by the chair of a committee of jurisdiction or a designee. Under clause 8(b)(3), the previous question is considered as ordered on such motion to its adoption without intervening motion. Manual § 1084. 

§ 23. — To Refer to Committee 

A Senate amendment in disagreement may be disposed of pursuant to 

a motion to refer (or recommit) to committee when and if such motion is 

preferential. The simple motion to refer is preferential only to the motion 

to adhere. Manual § 528d. The motion to refer must yield to motions of 

higher preferential status, such as the motion to recede and concur and the 

motion to insist. 5 Hinds § 6225; 8 Cannon § 3259. A motion to recommit 

with instructions may be offered, but it too must yield to preferential motions to dispose of the amendment. Thus, a motion to recommit with instructions to report back forthwith with an amendment may not be offered after 

the previous question has been ordered on a motion to recede and concur, 

a motion of higher privilege. Manual § 1002; Deschler-Brown Ch 32 § 7.5. 

However, after the House has receded from disagreement to a Senate 

amendment, a motion to amend is preferential, so that, after the previous 

862 

§ 24 HOUSE PRACTICE

question is ordered on a motion to concur, a motion to recommit with instructions to amend would be in order. 8 Cannon § 2744. 

§ 24. — To Adhere 

Where the House has expressed its disagreement to a Senate amendment and the amendment remains in disagreement after a Senate response 

thereto, a motion that the House adhere to its disagreement is in order. See, 

e.g., 5 Hinds § 6239. The motion to adhere is rarely used in modern practice, but when both Houses have insisted, neither inclining to recede, it is 

in order. This motion yields to motions of higher precedence, such as the 

motion to recede and concur and the motion to insist. Manual § 528d; 5 

Hinds § 6324. When both Houses adhere, the bill fails, even though the disagreement may be over a very minor amendment. 5 Hinds §§ 6163, 6233- 

6240, 6313, 6324, 6325. 

The adoption of a motion of higher preferential status—to recede from 

disagreement to the amendment—precludes a motion to adhere to the same 

amendment. However, the House may recede from its disagreement to certain amendments and adhere to it as to other amendments to the same bill. 

5 Hinds § 6229; for adherence to House amendments, see § 29, infra. 

Adherence is to be distinguished from insistence in that adherence represents an uncompromising position and may not be accompanied by a request for a conference. The House that votes to adhere does not ask for a 

conference, although it may agree to one, whereas the other House may vote 

to insist and, at the same time, seek a conference. 5 Hinds §§ 6241, 6308. 

One House, having adhered, may recede from its adherence and agree to 

a conference asked by the other, or it may vote to further adhere. 5 Hinds 

§ 6251. 

§ 25. Debate; Recognition 

Debate in the House on a privileged motion to dispose of a Senate 

amendment in disagreement is under the hour rule. Deschler-Brown Ch 32 

§ 8.1. Under clause 8(d) of rule XXII, when an amendment is reported from 

conference in disagreement, the Speaker recognizes the manager of the report for a motion to dispose of the amendment. The motion is debatable for 

one hour, equally divided between the majority and minority parties. Pursuant to clause 8(d)(2) of rule XXII, if the floor managers for both parties 

support the conference report, a Member opposed may claim one-third of 

the time for debate. See CONFERENCES BETWEEN THE HOUSES. The equal 

division of debate between the majority and minority parties under clause 

8(d) technically applies only to conference reports and to motions to dispose 

863 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 26 

of amendments reported from conference in disagreement and does not 

apply to the Member offering the initial motion to dispose of an amendment 

in disagreement that has not been reported from conference but that is subsequently before the House. Deschler-Brown Ch 32 § 7.4. However, the current practice in the House is to divide the time in this fashion on all motions 

to dispose of amendments still in disagreement following a conference. 

Manual § 1086. 

Although a motion to dispose of the amendment in disagreement may 

be displaced by a preferential motion, the Member offering the preferential 

motion does not thereby gain control of time for debate. Deschler-Brown 

Ch 33 § 29.12. For example, although the motion to concur in a Senate 

amendment takes precedence over the motion to disagree where the stage 

of disagreement has been reached, the Member offering the preferential motion does not thereby gain control of the time for debate, which remains in 

the control of the proponent of the original motion under the hour rule. 

Deschler-Brown Ch 32 § 7.14. Similar rules are applied to amendments reported from conference in disagreement; that is, the proponent of the preferential motion does not thereby gain control of the time for debate. Deschler-Brown Ch 32 § 8.1. 

Although the manager of a conference report is entitled to prior recognition to offer motions to dispose of amendments in disagreement, such 

individual is not entitled to offer two motions, one preferential to the other, 

to be pending at the same time. However, where the first motion to insist 

on disagreement has been superseded by a preferential motion to recede and 

concur, then the initial motion is no longer pending. When the House votes 

to recede on the first portion of that divided question, the manager may be 

recognized to offer another motion to concur with an amendment, which 

would be preferential to the remaining proposal to concur. Deschler-Brown 

Ch 32 § 8.2. This is to be contrasted with the situation where the bill manager offers a motion to dispose of a Senate amendment that is rejected by 

the House. In that case, recognition to offer a subsequent motion to dispose 

of the pending Senate amendment shifts to a Member who led the opposition to the rejected motion. See Manual § 954. 

§ 26. Disposition of Nongermane Senate Provisions 

Under clause 10 of rule XXII, points of order may be made and separate votes demanded on motions to reject portions of conference reports and 

Senate amendments in disagreement containing language that would not 

have been germane if offered in the House. Clause 10 permits points of 

order against language in a conference report that was originally in a Senate 

864 

§ 27 HOUSE PRACTICE

bill and that would not have been germane if offered to the House-passed 

version, and permits a separate motion to reject such portion of the conference report if found nongermane. Manual §§ 931, 1089, 1090. Clause 10 

permits a similar procedure if a Senate amendment or portion thereof would 

have been nongermane if offered in the House. Motions to reject under these 

clauses are subject to 40 minutes of debate, equally divided between a proponent and an opponent of the motion. Manual §§ 1089, 1090; see GERMANENESS. Under the modern practice, conference reports are considered 

pursuant to a special order of business that waives all points of order against 

the conference report and its consideration, including clause 10 of rule 

XXII. 

III. House Amendments to Senate Measures 

§ 27. In General; Degree of Amendment 

A Senate bill may be subject to amendment by the House when the bill 

is called up in the House pursuant to a unanimous-consent request or a motion authorized by a special order of business from the Committee on Rules. 

§§ 2-4, supra. A Senate amendment to a House measure also is subject to 

amendment by the House. The motion to concur with an amendment is in 

order before the stage of disagreement, and the motion to recede and concur 

with an amendment is in order after the stage of disagreement. §§ 15, 21, 

supra. As pointed out elsewhere, however, an amendment to an amendment 

to an amendment is in the third degree and not in order absent unanimous 

consent, suspension of the rules, or a special order of business providing 

such procedure. See AMENDMENTS. This rule governs the two Houses, according to Jefferson’s Manual, and is applicable to amendments between the 

Houses, as shown in Chart No. 2. Manual § 529. 

865 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 27 

House or Senate bill

Senate or House amendment

House or Senate amendment (1st degree)

Senate or House amendment (2nd degree)

Further House amendment (3rd degree)

Chart No. 2

Where a bill of one House is amended by the other, the originating 

House may respond with an amendment, and the second House may offer 

an amendment to that amendment, but there the process stops; any further 

amendment is in the third degree and not in order. 5 Hinds § 6163. An 

amendment of one House being amended by the other, the first amending 

House may amend the last amendment, but further amendment is not permissible. 5 Hinds §§ 6176-6178. Thus, where a Senate amendment to a 

House bill has been reported in disagreement, and a House amendment 

thereto is amended by a further Senate amendment, motions in the House 

to agree or disagree to the Senate amendment to the House amendment are 

in order, but a motion to concur with a further amendment would be in the 

third degree and not in order. Deschler-Brown Ch 32 § 6.4. Likewise, where 

there is pending in the House a motion to amend a Senate amendment to 

a House amendment to a Senate bill, and the House adopts the motion, the 

Senate may then either concur in or disagree to the House amendment, but 

a further Senate amendment would be in the third degree. 94-1, Dec. 15, 


chartho&.eps
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§ 28 HOUSE PRACTICE

1975, pp 40711, 40712. However, a conference report recommending 

amendments at this stage is not subject to a point of order that the amendments are in the third degree. 

The House may consider a third-degree amendment by unanimous consent, under suspension of the rules, or pursuant to a special order of business from the Committee on Rules. Unanimous-consent requests have been 

used to seek consideration of amendments in the fourth or fifth degree. 99- 

2, Mar. 20, 1986, p 5796. If the House adopts an amendment pursuant to 

such a procedure, the Senate may consider itself no longer bound by Jefferson’s proscription against third-degree amendments and amend further. 

§ 28. Germaneness Requirements 

An amendment offered in the House to a Senate amendment (that merely inserts new matter and does not strike House provisions) must ordinarily 

be germane to the particular Senate amendment to which it is offered, its 

germaneness to the provisions of the bill being insufficient. Manual § 931; 

5 Hinds § 6188. The test of germaneness of an amendment in the nature of 

a substitute to a Senate amendment—proposed in a motion to concur therein 

with an amendment—is the relationship between the proposed amendment 

in its entirety and the Senate amendment (and not the relationship between 

any one provision of the amendment and any one provision of the Senate 

amendment). Manual § 931. A special order of business may waive the germaneness requirement. See, e.g., 106-2, Sept. 27, 2000, p 19708. 

A motion to recede and concur in a Senate amendment with an amendment must be germane to the Senate amendment. Deschler-Brown Ch 28 

§ 27.1. However, where a Senate amendment proposes to strike language in 

a House bill, the test of the germaneness of a motion to recede and concur 

with an amendment is the relationship between the language in the motion 

and the provisions in the House bill proposed to be stricken by the Senate 

amendment, as well as to the matter to be inserted by the Senate amendment. Deschler-Brown Ch 28 § 27.9. 

Clause 10 of rule XXII permits points of order against portions of motions to concur or concur with amendment in nongermane Senate amendments, the stage of disagreement having been reached. If such points of 

order are sustained, the rule permits separate motions to reject such nongermane matter. Manual §§ 1089-1091; for more comprehensive discussion, 

see GERMANENESS OF AMENDMENTS. 

867 

CHAPTER 51—SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES § 29 

§ 29. Amending House-passed Amendments; Receding, Insisting, 

Adhering 

Generally 

Jefferson reasoned that, although the House may modify an amendment 

from the Senate, the House cannot amend its own amendment ‘‘because 

they have, on the question, passed it in that form.’’ Manual § 526. Thus, 

although the House may recede from or insist on its own amendment, it may 

not couple an amendment with such an action. 5 Hinds § 6163. Indeed, few 

motions are available to enable the House to act on its own amendment to 

a Senate measure. These motions (Manual § 528b), which are used primarily 

when the Senate has disagreed to the House amendment, are as follows: 

0 To recede. 

0 To insist and request or agree to a conference. 

0 To insist. 

0 To adhere. 

These motions have precedence in the House in the order named without regard to the order in which they might be offered. 5 Hinds § 6324. Accordingly, the Senate having disagreed to a House amendment, the House 

may recede from or insist on its own amendment. When both Houses have 

insisted, neither inclining to recede, it is in order to adhere. 5 Hinds § 6163. 

Receding 

The House may recede from its own amendment to a Senate bill by 

motion or by unanimous consent. Manual § 524; Deschler-Brown Ch 32 

§§ 10.3, 10.5. If the House recedes from its own amendment, the bill is 

passed unamended, unless the Senate has concurred in the House amendment with a Senate amendment. Deschler-Brown Ch 32 § 10. If the House 

recedes from its amendment to a Senate amendment, further House action 

is in order: the House may either concur in the Senate amendment or amend 

it. Manual § 528d. 

The stage of disagreement having been reached on a House amendment 

to a Senate amendment to a House proposition, the House may recede from 

its amendment and, having receded, may then concur in the Senate amendment with a different amendment (and such separate actions are not tantamount to the House’s receding from its own amendment with an amendment 

as proscribed by Jefferson’s Manual). Manual § 526. Of course, where the 

House has previously concurred in a Senate amendment with an amendment, 

the House does not, merely by receding from its amendment, concur in the 

Senate amendment. Manual § 524. 

868 

§ 29 HOUSE PRACTICE

Insisting 

The motion to insist on a House amendment yields to the motion to 

recede therefrom. 5 Hinds § 6270. However, where both Houses insist and 

neither asks for a conference or recedes, the bill fails. 5 Hinds § 6228. 

The compound motion to insist on a House amendment and request or 

agree to a conference takes precedence over simple motions to insist or to 

adhere. Preferential status is accorded to the compound motion because of 

the greater likelihood that it will resolve the differences between the two 

Houses. Manual § 528b. 

Adhering 

Although it has been permitted, adherence before the stage of disagreement has been extremely rare and is used infrequently under the modern 

practice, even after the stage of disagreement. 5 Hinds § 6303. The motion 

to adhere to an amendment is the least-privileged motion, yielding to the 

motion to recede and the motion to insist. In addition, the ordinary motions 

applicable to any question that is under debate—to table, to postpone to a 

day certain, and to refer—remain privileged under clause 4 of rule XVI. 

Manual § 528b. 

It has been held that after the previous question has been moved on a 

motion to adhere, a motion to recede may not be offered. 5 Hinds § 6310. 

Effect of Adherence; Adherence as Related to Conferences 

When both Houses adhere—one House adhering to its amendment and 

the other to its disagreement therewith—the bill fails. 5 Hinds §§ 6163, 

6313, 6325. Adherence is to be distinguished from insistence in that adherence represents an uncompromising position and may not even be accompanied by a request for a conference. 5 Hinds § 6308. However, one House, 

having adhered, may recede from its adherence and agree to a conference 

asked by the other, or it may vote to further adhere. 5 Hinds § 6251. Conferences often have been asked and granted where only one House has adhered. 5 Hinds §§ 6241-6244. 

869 

Chapter 52 

Special Orders of Business 

§ 1. In General 

§ 2. Reporting Special Orders of Business 

§ 3. Forms 

§ 4. Consideration of Special Orders of Business 

§ 5. Modification of Special Orders of Business 

§ 6. Procedures Prescribed by Special Orders of Business 

Research References 

4 Hinds §§ 3152-3265 

7 Cannon §§ 758-845 

Deschler Ch 21 §§ 16-19 

Manual §§ 734, 855, 857-859 

§ 1. In General 

Jurisdiction and Authority 

A resolution that specifies the manner in which a measure is to be taken 

up and the procedures to be followed during its consideration is called a 

‘‘special order of business’’ or ‘‘special rule.’’ Such a resolution, once 

adopted by the House, gives privilege to the measure to be considered. 

Deschler Ch 21 § 16. The Committee on Rules has jurisdiction to report 

such resolutions under clause 1(o) of rule X. Manual § 733. By adoption 

of a special order of business by majority vote, the House establishes the 

parameters of its agenda on an ad hoc basis. Special orders of business are 

distinct from ‘‘special-order speeches,’’ which are discussed in CONSIDERATION AND DEBATE. 

Because of the wide diversity of their use in the legislative process, special orders of business are discussed in many other chapters in this work. 

Measures not taken up under a special order of business may be taken up 

by unanimous consent or considered under suspension of the rules or are 

privileged in their own right under other standing rules or statutes. 

Restrictions on Authority of the Committee on Rules 

The broad power of the Committee on Rules to report resolutions varying the order of business or providing a special order is expressly restricted 

by clause 6(c) of rule XIII, which protects the motion to recommit. Manual 

870 

§ 1 HOUSE PRACTICE

§ 857. The restriction relating to the motion to recommit, which is considered a fundamental prerogative of the minority, preserves the opportunity to 

include proper instructions in the motion to recommit a bill or joint resolution as described in clause 2(b) of rule XIX. Manual § 857. 

In the 104th Congress, the restriction relating to the motion to recommit 

was extended to prohibit the Committee on Rules from recommending a rule 

or order that would prevent a motion by the Minority Leader or a designee 

to recommit a bill or joint resolution with instructions to report back an 

amendment otherwise in order, except in the case of a Senate bill or joint 

resolution for which the text of a House-passed measure is being substituted. 

Manual § 857. For a discussion of the restriction before it was extended to 

include amendatory instructions, see Manual § 859. In the 111th Congress, 

clause 2 of rule XIX was amended to provide that the instructions contained 

in the motion to recommit a bill or joint resolution must direct the committee to report amendment(s) back to the House ‘‘forthwith’’ (resulting in 

the amendment(s) being immediately before the House for consideration). 

For more on the motion to recommit, see REFER AND RECOMMIT; see also 

Manual § 1002b. 

A special order of business providing for consideration of a bill under 

suspension of the rules does not violate clause 6 of rule XIII because no 

motion to recommit is available under suspension. Manual § 859; 8 Cannon 

§ 2267. 

Section 425 of the Congressional Budget Act of 1974 precludes consideration of a measure imposing Federal intergovernmental mandates above a 

specified threshold amount. Manual § 1127; 2 USC § 658e(a). Section 426 

precludes the consideration of a special order of business that waives points 

of order under section 425 of the Congressional Budget Act. However, this 

restriction is ‘‘enforced’’ by a Member raising a point of order against the 

rule and then the House disposing of the question of consideration on the 

rule. The attention of the House is thus focused on the waiver. After limited 

debate, the House may decide to proceed with consideration of the rule. See 

UNFUNDED MANDATES. 

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 waiving such a point 

of order. See BUDGET PROCESS. 

Application to Various Measures 

The privilege of the Committee on Rules to report special orders of 

business extends to special orders for the consideration of individual bills 

871 

CHAPTER 52—SPECIAL ORDERS OF BUSINESS § 1 

or classes of bills or the consideration of a specified amendment to a bill 

and the prescription of a mode of considering such amendment. 5 Hinds 

§ 6774; 8 Cannon § 2258; see § 6, infra. 

Customarily, a committee that has reported, or has jurisdiction over, a 

measure requests the Committee on Rules to provide a special order of business for its consideration. However, the Committee on Rules also may provide for consideration of an unreported bill (the adoption of the resolution 

discharges the committees to which the bill was referred). 8 Cannon § 2259; 

Deschler Ch 21 §§ 16.15-16.17; 93-2, Oct. 17, 1974, p 36020. It may even 

provide for the consideration of a bill that has not yet been introduced or 

permit consideration of a measure that comes into existence by virtue of 

adoption by the House of the special order of business. Manual § 855; 8 

Cannon § 3388. For example, it may provide for consideration of a joint resolution originated upon adoption of the special order of business consisting 

of the text of a Senate-passed joint resolution identical to a measure previously rejected by the House under a separate statutory approval procedure. 

99-2, Apr. 15, 1986, p 7531. 

The Committee on Rules also may recommend a ‘‘hereby’’ resolution 

that provides for a concurrent resolution correcting the enrollment of a bill 

to be considered as adopted by the House upon the adoption of the special 

order of business. Similarly, it may provide that a Senate amendment pending at the Speaker’s table and otherwise requiring consideration in Committee of the Whole be ‘‘hereby’’ considered as adopted upon adoption of 

the special order of business or considered as adopted with a further specified amendment. Manual § 855; Deschler Ch 21 § 16.11. In both cases, there 

is no bill or joint resolution pending initial final passage. Therefore, the 

stricture under clause 6(c) of rule XIII against denying a motion to recommit with instructions is not operative. 

A special order of business may make in order two or more propositions. It also may link more than one passed measure separately considered 

into one engrossment. Manual § 476. 

Special orders of business that prescribe procedures for the consideration of conference reports and amendments between the Houses may: 

0 Waive points of order against a conference report and against its consideration. 107-1, Dec. 12, 2001, p 25089. 

0 Provide for the immediate consideration of a conference report when it is 

eventually reported from the committee of conference. Deschler Ch 21 

§ 16. 

0 Permit a motion to ‘‘hook-up’’ a House-passed measure with a similar Senate-passed measure and a motion to go to conference. 107-1, July 12, 

2001, p 13097. 

872 

§ 1 HOUSE PRACTICE

0 Provide for a motion to dispose of Senate amendments to a House bill. 

104-1, Dec. 13, 1995, p 36290. 

0 Permit a third-degree amendment to be offered to a Senate amendment. 

103-1, Sept. 30, 1993, p 23148. 

0 Allow conferees to refile a conference report in a corrected form without 

a new meeting or new signatures. 104-1, Nov. 17, 1995, p 33741. 

0 With respect to a measure in conference, discharge managers on the part 

of the House and lay the bill on the table or dispose of an amendment 

in disagreement (the House being in possession of the official papers). 

5 Hinds § 6526; 110-1, Dec. 12, 2007, p 34003. 

The Committee on Rules has reported as privileged a special order of 

business nearly identical to one previously rejected by the House, but it was 

held not to constitute ‘‘another of the same substance’’ within the meaning 

of Jefferson’s Manual because it provided a different scheme for general debate. Manual § 515. 

At the convening of a new Congress, a special order of business has 

been offered as privileged to provide for consideration in the House of a 

resolution to adopt the rules of a new Congress. Manual § 60. 

Waivers 

The Committee on Rules may report and call up as privileged resolutions temporarily waiving or altering any rule of the House, including statutory provisions enacted as an exercise of the rulemaking authority of the 

House, that would prohibit the consideration of a bill or otherwise establish 

an exclusive procedure for consideration of a particular type of measure. 

Manual § 857. For example, the Committee on Rules has reported as privileged a joint resolution repealing the statutory requirement—a joint rule— 

that each House adjourn sine die not later than July 31. Manual § 1106. 

Points of order do not lie against the consideration of a special order 

of business for waiving points of order against a measure, 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 § 16.9. However, 

a House or statutory rule may contain language restricting the authority of 

the Committee on Rules to recommend a waiver. See UNFUNDED MANDATES; QUESTION OF CONSIDERATION. 

Under clause 6(g) of rule XIII, a special order of business shall, ‘‘to 

the maximum extent possible,’’ be specific with respect to any waiver of 

a point of order against the underlying measure or against its consideration. 

Manual § 863. 

873 

CHAPTER 52—SPECIAL ORDERS OF BUSINESS § 2 

§ 2. Reporting Special Orders of Business 

Generally; Typography 

Under clause 3(g) of rule XIII, a report from the Committee on Rules 

repealing or amending a standing rule must include a Ramseyer-type comparative print; that is, appropriate typography showing the proposed omissions or insertions. This clause does not apply to resolutions that merely 

provide temporary waivers of rules during the consideration of particular 

legislative business. Manual § 848. 

Privilege and Precedence of Reports 

A report from the Committee on Rules enjoys high privilege. 8 Cannon 

§ 2260. A report from the Committee on Rules takes precedence over a motion to consider a measure that is ‘‘highly privileged’’ pursuant to a statute 

enacted as an exercise of the rulemaking authority of the House, acknowledging the constitutional authority of the House to change its rules at any 

time. Manual § 857. It also takes precedence over a privileged motion to 

discharge a committee and has been called up before District of Columbia 

business that is privileged on District Day. Deschler Ch 21 §§ 17.7, 17.8. 

Although highly privileged, a report from the Committee on Rules 

yields to the presentation of conference reports (5 Hinds § 6449) and to a 

question of the privileges of the House (8 Cannon § 3491). A report is not 

in order after the House has voted to go into Committee of the Whole. 5 

Hinds § 6781. 

Once a special order of business is under debate, the House can postpone further consideration and proceed to other business only by unanimous 

consent. Deschler Ch 21 § 17.11. However, under clause 2 of rule XVI, the 

manager of the resolution can withdraw it from consideration before a decision has been made thereon. Deschler Ch 21 § 18.41. If the resolution is 

later reoffered, debate under the hour rule begins anew. Deschler Ch 21 

§ 17.11 (note). 

Reporting to the House; Calling Up 

Under clause 6(d) of rule XIII, the Committee on Rules must present 

a special order of business resolution to the House within three legislative 

days of the time when it orders a report with respect to the underlying 

measure. Manual § 861. 

Ordinarily, a report from the Committee on Rules is called up for consideration by a member of that committee who has been so authorized. 

However, under clause 6(d) of rule XIII, if the report has been on the House 

Calendar for seven legislative days without being called up, any member of 

874 

§ 3 HOUSE PRACTICE

the committee may call it up provided the member gives notice of one calendar day of an intention to do so. This rule may be invoked by a minority 

member of the committee. Manual § 861. 

Under clause 6(e) of rule XIII, in the event an adverse report is made 

by the Committee on Rules on a special order of business, any Member of 

the House may call up the report and move the adoption of the resolution 

on a day when motions to discharge committees are in order. Manual § 861; 

see DISCHARGING MEASURES FROM COMMITTEES. 

Same-day Consideration 

Although it is always in order to call up for consideration a resolution 

reported from the Committee on Rules relating to the order of business, it 

may not be considered on the same legislative day as reported under clause 

6(a) of rule XIII unless so determined by a vote of not less than two-thirds 

of the Members voting, a quorum being present. This requirement does not 

apply to resolutions called up during the last three days of a session. Manual 

§ 857. The Committee on Rules may report a resolution waiving this requirement. 93-2, Dec. 19, 1974, p 41572. 

The two-thirds vote needed for same-day consideration does not alter 

the requirement that a simple majority must actually adopt the resolution. 

Deschler Ch 21 § 18.7. If consideration is ordered by a two-thirds vote, a 

point of order that the resolution has not been printed does not lie. Manual 

§ 857. 

Under clause 6(a)(2) of rule XIII, the two-thirds vote requirement for 

same-day consideration does not apply if the only effect of a rule is to 

waive the three-day layover requirement for a particular reported bill or the 

three-day layover and two-hour availability requirement for a conference report and amendments in disagreement. Manual § 857. 

A report filed by the Committee on Rules at any time before the convening of the House on the next legislative day may be called up for immediate consideration without the two-thirds requirement. If the House continues in session into a second calendar day and then meets again that day, 

or convenes for two legislative days on the same calendar day, any report 

filed on the first legislative day may be called up on the second without 

the question of consideration being raised. Manual § 857. 

§ 3. Forms 

Filing a Rule 

MEMBER: Ml. Speaker, by direction of the Committee on Rules, I 

present a privileged report for filing under the rule. 

875 

CHAPTER 52—SPECIAL ORDERS OF BUSINESS § 4 

SPEAKER: The Clerk will report the title of the resolution. [After Clerk 

reports title.] Referred to the House Calendar and ordered printed. 

Calling Up a Rule 

MEMBER: Ml. Speaker, by direction of the Committee on Rules, I call 

up House Resolution ll and ask for its immediate consideration. 

SPEAKER: The Clerk will report the resolution. [Unanimous consent to 

waive the reading in full is normally not entertained.] The gentlelll 

from ll is recognized for one hour. 

Calling Up Rule on Same Day It Is Filed 

MEMBER: Ml. Speaker, by direction of the Committee on Rules, I 

present a privileged report. 

SPEAKER: The Clerk will report the title of the resolution. [After Clerk 

reports title.] Referred to the House Calendar and ordered printed. 

MEMBER: Ml. Speaker, by direction of the Committee on Rules, I call 

up House Resolution ——— and ask for its immediate consideration. 

SPEAKER: The Clerk will report the resolution. [Unanimous consent to 

waive the reading in full is normally not entertained.] The question is, 

will the House consider the resolution. [If two-thirds of those voting, a 

quorum being present, vote in the affirmative.] Two-thirds of those present 

having voted in the affirmative, the resolution shall be considered. 

§ 4. Consideration of Special Orders of Business 

Debate 

Special orders of business reported from the Committee on Rules are 

considered in the House under the hour rule. Therefore, a Member recognized to call up a special order of business by direction of the Committee 

on Rules manages one hour of debate. Deschler Ch 21 § 18. Other Members 

may be recognized only if yielded time. Deschler Ch 21 § 18.15. It is customary for the Member calling up the resolution to yield 30 minutes of the 

hour to a minority member of the Committee on Rules for purposes of debate only. Deschler Ch 21 § 18.15 (note). The minority member is permitted 

to yield time in segments to other Members. 

Debate on a special order of business may range to the merits of the 

measure to be made in order because the question of consideration of the 

bill is involved. However, it should not range to the merits of a measure 

not to be considered under that special order of business. Manual § 948. 

Amendments and Divisibility 

Under clause 5(b) of rule XVI, a special order of business resolution 

is not divisible. Manual § 919. The manager of the special order of business 

may offer one or more amendments thereto, and authorization of the comVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00885 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
876 

§ 4 HOUSE PRACTICE

mittee is not required. Deschler Ch 21 § 18.23. The resolution is not otherwise subject to amendment from the floor unless the manager yields for that 

purpose or unless the House fails to order the previous question. Deschler 

Ch 21 § 18.19. 

Dilatory Motions Not Permitted 

The question of consideration may not be raised against a report from 

the Committee on Rules. 5 Hinds §§ 4961, 4962; 8 Cannon §§ 2440, 2441. 

The clause forbidding dilatory motions has been construed strictly. 5 Hinds 

§§ 5740-5742. As such, the following have been excluded: 

0 A motion to commit or recommit after the ordering of the previous question. 5 Hinds §§ 5593-5601; 8 Cannon §§ 2270, 2750, 2753. 

0 An appeal from the Chair’s decision not to entertain the question of consideration or a motion to lay the pending resolution on the table. 5 Hinds 

§ 5739. 

0 A motion to postpone to a day certain. Manual § 858. 

0 A motion to table an amendment offered by the manager of the rule. Manual § 858. 

A motion to reconsider the vote on the motion for the previous question 

on the rule (and on any pending amendment thereto) is not dilatory and may 

be laid on the table without carrying with it the resolution itself. Manual 

§ 858; 5 Hinds § 5739. 

In the event that the motion for the previous question is rejected on a 

privileged resolution from the Committee on Rules, the provisions of clause 

6(b) prohibiting ‘‘dilatory’’ motions no longer strictly apply. As such, the 

resolution is subject to proper amendment, further debate, or a motion to 

table or refer, subject to being preempted by a preferential motion offered 

by another Member. Manual § 858. 

Only one motion to adjourn is admissible during the consideration of 

a report from the Committee on Rules, and the motion may not be offered 

when another Member has the floor. Manual § 858. Where the House adjourns during the consideration of a report from the Committee on Rules, 

further consideration of the report becomes unfinished business on the following day, and debate resumes from the point where interrupted. Manual 

§ 858. 

Rejection of Motion for Previous Question 

In the event that the motion for the previous question is rejected, the 

Member who has led the opposition will be recognized for one hour unless 

preempted by a preferential motion, such as the motion to table, which may 

be offered by any Member. The Member recognized may yield time, may 

877 

CHAPTER 52—SPECIAL ORDERS OF BUSINESS § 5 

offer an amendment to the resolution, and may move the previous question 

on the amendment and the resolution. Deschler Ch 21 § 18. 

Voting 

A special order of business requires a majority vote for adoption. 4 

Hinds § 3169. Under clause 8 of rule XX, the Speaker has the authority to 

postpone for up to two legislative days a record vote on the motion for the 

previous question or on the adoption of a rule. Manual § 1030; see VOTING. 

§ 5. Modification of Special Orders of Business 

By Resolution 

The Committee on Rules may report a privileged resolution modifying 

the operation or effect of a previous special order of business adopted by 

the House. Such a resolution may provide additional procedures to govern 

the further consideration of a measure already pending in Committee of the 

Whole and may include limitations on further debate or amendments. 8 Cannon § 2258; Deschler Ch 21 §§ 16.26, 16.27. 

By Unanimous Consent in the House 

A unanimous-consent request to modify the terms established by a special order of business providing for the consideration of a measure in the 

Committee of the Whole may be made after its adoption by the House and 

before completion of consideration of the underlying measure in the Committee. 99-2, Sept. 24, 1986, p 25890. 

A unanimous-consent request may not be entertained in the Committee 

of the Whole if the request would materially modify procedures required by 

a special order of business adopted by the House. Such requests must be 

made in the House. For examples of requests that may not be entertained 

in the Committee of the Whole, see COMMITTEES OF THE WHOLE; Manual 

§ 993. 

Although the House may alter the terms of an adopted special order of 

business to make an additional amendment in order in the Committee of the 

Whole, the Chair may decline to entertain a unanimous-consent request to 

admit an additional nongermane amendment unless assured the request has 

been cleared. This practice is consistent with the Speaker’s announced policy of conferring recognition for unanimous-consent requests for the consideration of unreported bills and resolutions only when assured that the majority and minority floor and committee leaderships have no objection. Manual 

§§ 857, 956. 

878 

§ 6 HOUSE PRACTICE

The Member offering an amendment in the Committee of the Whole 

pursuant to a special order of the House has the burden of proving that it 

meets the description of the amendment made in order. Manual § 993. 

By Unanimous Consent in the Committee of the Whole 

The chair of the Committee of the Whole may entertain a unanimousconsent request to modify a special order of business if the request proposes 

merely an incidental or minor change to the special order. For examples of 

unanimous-consent requests have been entertained in Committee of the 

Whole, see COMMITTEES OF THE WHOLE; Manual § 993. 

By unanimous consent the House may delegate to the Committee of the 

Whole authority to entertain unanimous-consent requests to change procedures contained in an adopted special order of business. Manual § 993. 

§ 6. Procedures Prescribed by Special Orders of Business 

In recent Congresses, special orders of business have provided for the 

consideration of amendments in a variety of ways, from ‘‘open’’ rules 

(which are silent on the amendment structure) to ‘‘closed’’ (which preclude 

all amendments). In between these two extremes, special orders of business 

have: 

0 Specified consideration that is open in part and restricted in part. 106-1, 

Aug. 4, 1999, p 19460. 

0 Permitted only specified amendments. 107-1, Aug. 1, 2001, p 15414. 

0 Required first-degree amendments to be printed in the Congressional 

Record. 107-1, July 19, 2001, p 13870. 

0 Specified that certain amendments be ‘‘considered as adopted,’’ often referred to as ‘‘self-executed.’’ 107-1, Aug. 1, 2001, p 15414. 

0 Authorized the floor manager to offer en bloc amendments consisting of 

the text of other amendments made in order. 107-1, Sept. 19, 2001, p 

17221. 

0 Left the amendment process open only for a specified period of time. 106- 

2, May 10, 2000, p 7481. 

Although the Committee on Rules may announce a policy that it intends 

to make in order only preprinted amendments, the committee may in fact, 

without violating a rule of the House, report a special order of business 

making in order an unprinted amendment. Manual § 857. 

An amendment may be ‘‘self-executed’’ by adoption of a special order 

of business even if, considered separately, it would violate a rule of the 

879 

CHAPTER 52—SPECIAL ORDERS OF BUSINESS § 6 

House. For example, a special order may ‘‘self-execute’’ an amendment that 

contains: 

0 An appropriation in violation of clause 4 of rule XXI. Manual § 855. 

0 An appropriation in violation of clause 2 of rule XXI. Manual § 855. 

0 Nongermane provisions in violation of clause 7 of rule XVI. Manual § 855. 

Normally, a rule that precludes any amendment, or permits only one 

amendment, provides for the consideration of the measure in the House. A 

rule that permits more than one amendment normally provides for consideration in the Committee of the Whole. 

One procedure involving the consideration of amendments is called 

‘‘king of the hill.’’ Although regular order does not permit further amendments to a text once it has been amended in its entirety, a ‘‘king of the 

hill’’ rule permits several substitute amendments to be voted on in the Committee of the Whole, with only the last one adopted to be considered as finally adopted and reported to the House. The Committee on Rules also has 

reported a special order of business providing for a variation of that procedure. This procedure permits consideration of conflicting amendments in a 

series, with only the one winning the most votes being finally voted on in 

the House. 

Special orders of business often make in order as original text something other than the text of the introduced measure. For example, the base 

text may be specified to be: 

0 A substitute reported by the committee of jurisdiction (the most common 

text made in order). 107-1, May 10, 2001, p 7772. 

0 A substitute reported by the committee of primary jurisdiction modified by 

amendments reported by a committee of secondary jurisdiction. 107-2, 

Apr. 10, 2002, p 4140. 

0 The text of another introduced bill or a specified preprinted amendment 

(such as in the report accompanying the special order of business). 107- 

1, Oct. 3, 2001, p 18585. 

0 An amendment first adopted in the Committee of the Whole. 104-1, Aug. 

2, 1995, p 21678. 

0 Introduced text as modified by amendments printed in the report accompanying the special order of business. 107-1, Dec. 6, 2001, p 24143. 

0 A ‘‘committee print’’ representing reported text not yet available as a 

Union Calendar print. 109-1, Sept. 29, 2005, p 21777. 

The Committee on Rules may report resolutions that provide special 

procedures to expedite consideration or accomplish specific results. For example, a resolution may authorize priority in recognition for the offering of 

amendments to Members who had their amendments preprinted in the Congressional Record. 

881 

Chapter 53 

Suspension of Rules 

§ 1. Generally; Motions to Suspend 

§ 2. Uses of the Motion 

§ 3. Rules Suspended by Adoption of Motion 

§ 4. When Motion Is In Order; Notice 

§ 5. Precedence of Motion; Application of Other Motions 

§ 6. Offering of Motion; Recognition 

§ 7. Consideration and Debate 

§ 8. Amendments 

§ 9. Withdrawal of Motion 

§ 10. Voting on Motion 

Research References 

5 Hinds §§ 6790-6862 

8 Cannon §§ 3397-3426 

Deschler Ch 21 §§ 9-15 

Manual §§ 885-891 

§ 1. Generally; Motions to Suspend 

In General 

A motion to suspend the rules is authorized by clause 1 of rule XV, 

adopted in its original form in 1822. Manual § 885. The privileged motion 

is in order only on the days specified by the rule or by special order of 

the House. §§ 4, 5, infra. Recognition for the motion is at the discretion of 

the Speaker. § 6, infra. It is debatable for 40 minutes, is not amendable, and 

requires a two-thirds vote for adoption. §§ 7, 8, 10, infra. 

Effect of Rejection of the Motion 

Rejection of a motion that the House suspend the rules and pass a bill 

does not constitute a rejection of the bill. The Speaker may schedule it again 

under suspension of rules. 107-2, July 15, 2002, July 23, 2002, pp 12832, 

13949. The Committee on Rules may report a resolution authorizing the 

consideration of such bill. 8 Cannon § 3392; Deschler Ch 21 § 15.8. 

882 

§ 2 HOUSE PRACTICE

§ 2. Uses of the Motion 

In General 

In the early practice, the motion to suspend the rules was used only to 

enable a matter to be taken up. Manual § 886; 5 Hinds §§ 6852, 6853. Under 

the modern practice, it is possible by one motion both to bring a matter before the House and to pass it. The proponent moves ‘‘that the House suspend the rules and pass the bill.’’ Manual § 886a; 5 Hinds §§ 6846, 6847. 

In this form, all rules that ordinarily would impede an immediate vote on 

passage of a measure are set aside. The underlying bill is passed without 

the intervention of questions such as ordering the previous question, third 

reading, recommittal, or division of the question. § 5, infra. 

A motion to suspend the rules may provide for passage of an unreported bill. 5 Hinds § 6850. Indeed, the motion to suspend may provide for 

a series of procedural steps, such as the reconsideration of the vote passing 

a bill, the amendment of the bill, and its passage again. 5 Hinds § 6849. 

Forms for offering motion, see § 6, infra. 

To Pass Legislative Measures 

Under the modern practice, the motion to suspend the rules is used frequently to pass legislative measures that are perceived to have a broad degree of support and little need for prolonged debate. It also is available to 

bring before the House bills that would otherwise be subject to a point of 

order. 8 Cannon § 3424; Deschler Ch 21 § 9. The motion may provide for 

the passage of a bill, even if the bill has not been reported or referred to 

any calendar or previously introduced. Manual § 886; 8 Cannon § 3421. Following are some examples of measures considered under suspension of the 

rules: 

0 An amendment to the Constitution (both the motion and the amendment requiring a two-thirds vote). Deschler Ch 21 § 9.21. 

0 A bill or resolution submitted from the floor and not considered by a committee. Deschler Ch 21 § 9.19. 

0 A bill that is pending before a committee but that has not been reported. 

Deschler Ch 21 § 9. 

0 A Senate bill. Deschler Ch 21 § 9.3. 

0 An amendment to a Senate bill and a motion to insist on the House amendment and request a conference. 103-2, Mar. 24, 1994, p 6515. 

0 A resolution to disagree to a Senate amendment to a House joint resolution 

and agree to a request for a conference. Deschler Ch 21 § 9.13. 

0 A conference report. 8 Cannon §§ 3406, 3423. 

0 A motion to recommit a conference report. Deschler Ch 21 § 9.5. 

0 A motion to agree to Senate amendments. 8 Cannon § 3425. 

883 

CHAPTER 53—SUSPENSION OF RULES § 3 

0 A resolution to concur in a Senate amendment to a House bill with a further House amendment. Manual § 886. 

0 A motion to reconsider the vote by which a bill passed, amend the bill, 

and pass the bill again. 5 Hinds § 6849. 

0 A motion to take a measure from the table. 5 Hinds §§ 5640, 6288. 

0 A bill consisting of the text of two bills previously passed by the House. 

Manual § 886. 

To Provide Special Orders of Business 

In the early practice of the House, the motion to suspend the rules was 

used frequently to adopt special orders of business. 5 Hinds § 6820 (note). 

Today, special orders of business usually are adopted by a simple majority 

vote of the House on a report from the Committee on Rules. 4 Hinds 

§ 3169; 5 Hinds § 6790. Special orders of business also are often adopted 

by unanimous consent. See UNANIMOUS-CONSENT AGREEMENTS. However, 

motions to suspend the rules still may be used to consider, for example, the 

following: 

0 A request to repeal or change a rule of the House. 5 Hinds § 6862. 

0 A request to permit several bills to be reported. 5 Hinds § 6857. 

0 A resolution extending the time for debate on a motion. Deschler Ch 21 

§ 9.18. 

§ 3. Rules Suspended by Adoption of Motion 

In General 

If not otherwise qualified or if not specifically prohibited by House rule, 

a motion to suspend the rules suspends all rules, including the standing rules 

of the House, the unwritten law and practice of the House, and the parliamentary rules stated in Jefferson’s Manual. 5 Hinds § 6796; 8 Cannon 

§ 3406. No points of order against the consideration of the bill may be 

raised, such as points of order based on defects in reporting the bill (such 

as the lack of quorum when reporting), Ramseyer rule violations, or the like. 

Deschler Ch 21 §§ 9.7-9.12; Manual § 886. 

Rules Not Subject to Suspension 

Certain rules are not subject to suspension. 5 Hinds §§ 7270, 7283, 

7285. Among these rules are: 

0 The rule relating to the use of the Hall of the House. Manual § 677. 

0 The rule relating to the privileges of the floor. Manual § 678. 

0 The rule prohibiting the introduction of occupants of the gallery. Manual 

§ 966. 

884 

§ 4 HOUSE PRACTICE

§ 4. When Motion Is In Order; Notice 

Under clause 1 of rule XV, the motion to suspend the rules is in order 

only on the calendar days of Monday, Tuesday, and Wednesday and during 

the last six days of a session. Manual § 885. However, the Speaker may be 

authorized to recognize for motions to suspend the rules on other days by 

unanimous consent or by special order of business. Manual § 887; Deschler 

Ch 21 §§ 10.2, 10.3. The ‘‘last six days’’ are not applicable until both 

Houses have agreed to a concurrent resolution establishing a date for sine 

die adjournment (or until the final six days of a session under the Constitution). Deschler Ch 21 § 10.9. 

Notice Requirements 

The rules of the House require no advance notice to Members of bills 

called up under suspension. Manual § 886. Copies of reports on bills considered under suspension are not required to be available in advance. Manual 

§ 886. However, most bills considered in the House pursuant to a motion 

to suspend the rules are on a list maintained by the leadership that identifies 

those bills on which motions to suspend will be entertained by the Speaker 

on a given day. This informal list is maintained to give notice to the Members, and ordinarily only such bills as have been cleared with the leadership 

through this procedure are brought up under suspension. Deschler Ch 21 § 9. 

A special order of business providing an additional day for the consideration 

of motions to suspend the rules may require advance notice of one hour on 

the floor. If so, unanimous consent is required to permit the Chair to entertain the motion prior to that time. Manual § 886. 

§ 5. Precedence of Motion; Application of Other Motions 

When the Motion Takes Precedence 

The motion to suspend the rules and pass a measure is privileged in 

the House if made on a day on which the Speaker is authorized to recognize 

for such motions. Manual § 887. Thus the Speaker may recognize for such 

a motion notwithstanding the pendency on Monday of a request for recognition to consider District of Columbia business, the matters being of equal 

privilege. Deschler Ch 21 § 10.7. 

A motion to suspend the rules may be entertained even where the yeas 

and nays have been demanded on another highly privileged motion or the 

previous question has been ordered on another matter. 5 Hinds §§ 6827, 

6831-6833, 6835; 8 Cannon § 3418. 

885 

CHAPTER 53—SUSPENSION OF RULES § 6 

When Motion Yields 

When a question of the privileges of the House (such as an election 

contest) is pending, that question takes precedence over a motion to suspend 

the rules. 5 Hinds § 6825. Similarly, if a question concerning the administration of the oath of office of a Member is pending, a motion to suspend the 

rules is not in order. 5 Hinds § 6826. The motion also yields to the consideration of a bill under a special order of business (5 Hinds § 6838), motions 

from the Discharge Calendar (7 Cannon § 1018), and the motion to adjourn 

(5 Hinds §§ 5743-5746). However, pending a motion to suspend the rules, 

only one motion to adjourn is in order, unless the failure of a quorum is 

demonstrated. 5 Hinds §§ 5744, 5746; 8 Cannon § 2823; Deschler Ch 21 

§ 13.16. Because a resolution raising a question of the privileges of the 

House takes precedence over a motion to suspend the rules, such resolution 

may be offered between motions to suspend the rules on which the Speaker 

has postponed record votes. Manual § 709. 

Because two motions to suspend the rules cannot be pending at the 

same time, a pending motion must be disposed of before another one may 

be entertained by the Chair. 5 Hinds § 6814, 6837. 

Application of Other Motions 

Many motions that commonly are offered during the consideration of 

a measure are inapplicable to the motion to suspend. The motion to suspend 

may not be tabled (5 Hinds § 5406), postponed by motion (5 Hinds § 5322), 

recommitted (5 Hinds § 6860), or divided for a vote (5 Hinds §§ 6141-6143, 

6860). The motion to amend may not be applied to a motion to suspend 

the rules. 5 Hinds § 5405. The motion for the previous question is not applicable to a proposition being considered under suspension. Deschler Ch 21 

§ 13.17. 

The motion to reconsider may not be applied to a negative vote on the 

motion to suspend. Manual § 886a; 5 Hinds § 5645; 8 Cannon § 2781. 

§ 6. Offering of Motion; Recognition 

The Speaker’s Discretion 

On suspension days, recognition for a motion to suspend the rules lies 

entirely within the discretion of the Speaker. 5 Hinds §§ 6791-6794; 8 Cannon §§ 3402-3404; Deschler Ch 21 §§ 11.4-11.6. The Speaker has the discretion to recognize for a motion to suspend the rules on a bill even though 

the House previously has rejected a similar motion on the same bill. 103- 

2, Oct. 4, 1994, pp 27663, 27754. 

886 

§ 7 HOUSE PRACTICE

Measures called up under suspension normally are cleared with the 

leadership, and the Speaker may decline recognition for a motion that does 

not comply with this practice. Deschler Ch 21 § 11.6. However, the Speaker 

has the discretion to recognize for a motion to suspend the rules and pass 

legislation that has not been scheduled in advance. Deschler Ch 21 § 9.22; 

§ 4, supra. 

Before 1991 the motion to suspend the rules required a second, so that 

the House, without debate, could decline to entertain the motion. A second 

usually was considered ordered by unanimous consent. However, if challenged, the question was resolved by a vote with tellers. Manual § 889. 

The Speaker ordinarily extends recognition to the chair or other member 

of the committee having jurisdiction over the subject matter of the proposition and not to the original sponsor of the measure. Deschler Ch 21 

§§ 11.10-11.13. The Chair does not require that the motion be authorized by 

the committee. Deschler Ch 21 § 11.11. 

Forms 

Ml. Speaker, I move that the House suspend the rules and pass the 

bill, H.R. lllll [as amended]. 

Note: The title of the bill is read by the Clerk; the Member’s motion need not recite the title. 

Ml. Speaker, I move that the House suspend the rules and agree to 

House Resolution lllll [as amended]. 

Ml. Speaker, I move that the House suspend the rules and concur in 

the Senate amendment to the bill H.R. lllll. 

Ml. Speaker, I move that the House suspend the rules and adopt [or 

recommit] the conference report on H.R. lllll. 

Ml. Speaker, I move that the House suspend the rules and agree to 

the resolution I send to the desk. 

§ 7. Consideration and Debate 

Reading Requirements 

Under the early practice, it was held that the motion to suspend the 

rules did not dispense with the reading of the bill thereby called up for consideration. 5 Hinds § 5277; 8 Cannon § 3400. However, under the modern 

practice, the motion itself is offered by the proponent and the title is read 

by the clerk. Other reading requirements are deemed waived. Manual § 886; 

Deschler Ch 21 § 14.4. 

Debate 

Under clause 1(c) of rule XV, motions to suspend the rules are debatable for 40 minutes, equally divided between the proponent of the motion 

887 

CHAPTER 53—SUSPENSION OF RULES § 8 

and an opponent. Manual § 891. This is so, even though the proposition presented is itself not otherwise debatable. 5 Hinds § 6822. In the case that the 

mover is opposed to the bill, a Member in favor may be recognized for debate. 8 Cannon § 3416. A Member rising to claim the time in opposition 

may be challenged by another Member: 

MEMBER: Is the gentlelll seeking recognition opposed to the motion? If not, I demand the time in opposition. 

Following are the priorities in recognition for control of time in opposition to a motion to suspend the rules: 

0 Opponents have priority. 

0 Among opponents, members of the committee of jurisdiction have priority. 

0 Among committee members opposed, minority members have priority in 

order of full-committee seniority. 

5 Hinds § 6802; 8 Cannon § 3415. The Chair will not examine the degree 

of a Member’s opposition to the motion. Manual § 891. 

The allocation of the time is within the discretion of the Members controlling it. Deschler Ch 21 § 13.10. Alternation of recognition between 

Members on both sides of the aisle is not required. 2 Hinds § 1442; Deschler 

Ch 21 § 13.9. No Member may speak in debate on the motion unless yielded 

time by a Member in control of the time. Deschler Ch 21 § 13.7. Time 

yielded to a Member may not be reserved or yielded to a third Member. 

Deschler Ch 21 § 13.5. 

The proponent of the motion is entitled to open and close debate in 

favor of the motion. Deschler Ch 21 §§ 13.13, 13.14. 

Debate should be confined to the object of the motion and may not 

range to the merits of a bill not scheduled for suspension on that day. Manual § 948. 

The House may by unanimous consent or resolution alter the normal 

procedure for debate on the motion. In so doing, the House may extend the 

time for debate or designate the Members to control the time. 8 Cannon 

§ 3414; Deschler Ch 21 §§ 13.3, 13.18. If time is extended by unanimous 

consent, the Chair may divide that time equally between the proponent and 

the opponent. 8 Cannon § 3415. 

§ 8. Amendments 

Amendments from the floor are not in order to propositions being considered under suspension of the rules. 5 Hinds §§ 5405, 6858, 6859; Deschler Ch 21 § 14.8. Only those amendments included in the motion to suspend 

are in order, and the Member offering the motion may not yield to other 

Members for further amendment. Deschler Ch 21 § 14.6. This prohibition 

888 

§ 9 HOUSE PRACTICE

against offering amendments applies to pro forma amendments and to motions to strike the enacting clause. Deschler Ch 21 §§ 14.11, 14.12. After 

a motion to suspend the rules and pass a bill has been offered, it may be 

amended either by withdrawing the motion and reoffering it in new form; 

or the manager of the motion may modify it by unanimous consent. Deschler Ch 21 § 14.3; 107-1, Dec. 5, 2001, p 24039. 

The bill and any proposed amendments in the motion are reported (usually by title only) and considered as one entity and are printed in the Congressional Record in full. Amendments are not voted on separately. Deschler Ch 21 §§ 14.4, 15.5. Committee approval of such amendments is not required. Manual § 886; Deschler Ch 21 § 14.2. 

§ 9. Withdrawal of Motion 

A motion to suspend the rules may be withdrawn at any time before 

the Chair puts the question and a voice vote is taken thereon. 5 Hinds 

§§ 6840, 6844; 8 Cannon §§ 3405, 3419. The motion may be withdrawn by 

unanimous consent, even after the Speaker has put the question on its adoption and postponed further proceedings. Deschler Ch 21 § 13.23. 

§ 10. Voting on Motion 

In General 

Clause 1(a) of rule XV requires a two-thirds vote for the adoption of 

a motion to suspend the rules. Manual § 885. That requirement is construed 

as two-thirds of the Members present and voting for or against the motion 

(votes of those ‘‘present’’ are not counted except to establish the required 

quorum). Deschler Ch 21 § 15.2 (note). 

The motion to reconsider may not be applied to a negative vote on the 

motion because such disposition is not final; that is, an identical motion may 

be entertained. § 1, supra. The motion to reconsider may be applied to an 

affirmative vote on the motion. Manual § 886. 

Postponing Votes 

A record vote on a motion to suspend the rules may be postponed by 

the Speaker under the conditions specified by clause 8 of rule XX. Under 

this rule, the Speaker may postpone such a vote to a designated time or 

place in the legislative schedule within two legislative days. The Chair’s 

customary announcement of an intent to postpone, which is made before 

consideration of a series of motions, is not a necessary prerequisite to the 

postponement authority. Manual § 1030. At the designated time, the Speaker 

889 

CHAPTER 53—SUSPENSION OF RULES § 10 

puts the question on each motion on which further proceedings have been 

postponed. For a discussion of postponing votes generally, see VOTING. 

Once the Speaker has postponed record votes to occur at a designated 

place in the legislative schedule, the time for such votes may be redesignated within the appropriate period. Manual § 1030. 

Where proceedings are postponed for a de novo vote by voice in response to a point of no quorum, the point of order of no quorum is not 

ripe until the question recurs as unfinished business. 95-1, Sept. 26, 1977, 

p 30948. It is too late to demand a record vote on the motion after the 

Speaker has announced that further proceedings on that motion have been 

postponed. The demand is not in order until the motion is again before the 

House as unfinished business. 93-2, June 17, 1974, p 19334. 

891 

Chapter 54 

Unanimous-Consent Agreements 

§ 1. In General; Effect of Agreement 

§ 2. Recognition of Members for Requests 

§ 3. Timeliness 

§ 4. Stating the Request; Withdrawal 

§ 5. Objecting to the Request 

§ 6. Reserving Objections 

§ 7. Particular Uses Relative to Business of the House 

§ 8. Particular Uses Relative to Business of the Committee of the 

Whole 

§ 9. Limitations on Requests; Grounds for Denial of Recognition 

§ 10. Modification or Revocation of Agreement 

Research References 

4 Hinds §§ 3058-3060, 3155-3159 

7 Cannon §§ 758-763 

Deschler Ch 23 §§ 42-48 

Manual §§ 872, 950, 956, 993 

§ 1. In General; Effect of Agreement 

Generally 

A request for unanimous consent is in effect a motion to suspend the 

order of business temporarily. Granting the request permits some action that 

is not in dispute and to which no Member has any objection. Manual § 872; 

4 Hinds §§ 3058, 3059; 8 Cannon § 2794. An objection by any Member terminates the request. Deschler Ch 23 § 45.6. 

The practice in the House of allowing some actions to be taken by 

unanimous consent began in the 1830’s, when the House, responding to the 

increased pressure of legislative activity, unanimously agreed to a special 

order of business permitting it to consider a bill which was not in the regular order of business. 4 Hinds § 3155. This use has now become commonplace. In the modern practice of the House, many items of business are considered as a result of unanimous-consent requests. The device also is used 

892 

§ 2 HOUSE PRACTICE

to facilitate consideration of measures by waiving the reading or limiting or 

extending the time for debate. §§ 7, 8, infra; see also CONSIDERATION AND

DEBATE. 

Availability in the Committee of the Whole 

Unanimous-consent requests are in order both in the House and, to a 

lesser extent, in the Committee of the Whole. For example, the Committee 

may by unanimous consent permit the withdrawal of an amendment under 

clause 5 of rule XVIII, limit debate other than general debate set by the 

House, or provide that a bill be considered as read and open to amendment 

unless in conflict with a House order or special order of business. Manual 

§ 993; 8 Cannon § 2553. However, unanimous consent may not be requested 

in the Committee of the Whole on matters properly addressed only in the 

House. Manual § 993; Deschler Ch 23 §§ 48.15, 48.16; § 8, infra. 

§ 2. Recognition of Members for Requests 

Generally; Speaker’s Guidelines 

The recognition of Members to offer unanimous-consent requests is in 

the discretion of the Chair. Deschler Ch 23 § 45.4. A Member seeking unanimous consent must be recognized by the Chair for a stated purpose, and 

a Member so recognized may not seek the further consent of the House for 

some other purpose. Thus, a Member may not be recognized to consider a 

particular bill where such Member has been recognized only to speak for 

one minute. Deschler Ch 23 § 48.3. 

The Speaker has announced and enforced a policy of conferring recognition for unanimous-consent requests for the consideration of unreported 

bills and resolutions only when assured that the majority and minority floor 

and committee leaderships have no objection. This policy minimizes attempts to force Members to go on record as objecting to a variety of unanimous-consent requests. The policy has been extended to the following: 

0 Requests relating to reported bills. 

0 Requests for immediate consideration of matters (separately unreported) 

comprising a portion of a measure already passed by the House. 

0 Requests to consider a motion to suspend the rules and pass an unreported 

bill (on a nonsuspension day). 

0 Requests to permit consideration of (nongermane) amendments to bills. 

0 Requests to permit expedited consideration of measures on subsequent 

days, as by waiving the requirement that a bill be referred to committee 

for 30 legislative days before a motion to discharge may be presented 

under clause 2 of rule XV. 

893 

CHAPTER 54—UNANIMOUS-CONSENT AGREEMENTS § 3 

0 Requests relating to Senate-passed bills on the Speaker’s table, including 

one identical to a House-passed bill and a Senate concurrent resolution 

to correct an enrollment. 

0 Constituent parts of a single request combining final disposition of several 

separate measures. 

For further examples, see Manual § 956. 

In addition, with respect to unanimous-consent requests to dispose of 

Senate amendments to House bills on the Speaker’s table, the Chair will entertain such a request only if made by the chair of the committee with jurisdiction, or by another committee member authorized to make the request. 

Manual § 956; Deschler Ch 21 § 1.23. 

The Speaker’s enforcement of this policy of recognition is not subject 

to appeal. ‘‘Floor leadership’’ in this context has been construed to apply 

only to the Minority Leader and not to the entire hierarchy of minority leadership, where the Chair had been assured that the Minority Leader had given 

consent. 

It is not a proper parliamentary inquiry to ask the Chair to indicate 

which side of the aisle has failed under the Speaker’s guidelines to clear 

a unanimous-consent request, but the Chair may indicate the absence of such 

clearance for the Congressional Record. 

For a discussion of recognition for unanimous-consent requests to vary 

procedures in the Committee of the Whole governed by a special order of 

business adopted by the House, see Manual § 993; § 8, infra. 

§ 3. Timeliness 

Unanimous-consent requests must be timely. Deschler Ch 23 § 45.4. 

They cannot be entertained: 

0 In the House after the House has voted to go into the Committee of the 

Whole. 4 Hinds § 4727. 

0 When the absence of a quorum has been announced in the House. 6 Cannon §§ 660, 686, 689. 

0 During proceedings incident to securing a quorum of the Committee of the 

Whole. 8 Cannon § 2379. 

0 During the pendency of a unanimous-consent request by another Member. 

Deschler Ch 23 § 48.1. 

An objection to a unanimous-consent request must be timely. It is ordinarily too late to object to a unanimous-consent request after the Chair has 

asked if there is objection and has announced that the Chair hears none. 

Deschler Ch 23 § 45.3. Thus, when unanimous consent has been given for 

the consideration of a bill, amendments may be offered and may not be prevented by a subsequent objection of a Member. 5 Hinds § 5782. 

894 

§ 4 HOUSE PRACTICE

§ 4. Stating the Request; Withdrawal 

A Member seeking the unanimous consent of the House on some matter 

should rise and address the Chair. The Chair may decline to entertain a request that includes alternatives (6 Cannon § 709; Deschler Ch 23 § 43.2) or 

includes a request made contingent upon another (6 Cannon § 709). 

It is the Speaker’s statement of the request as put to the House that is 

controlling, and the Speaker may refuse to recognize an objection to the request made before such statement of the request. Deschler Ch 23 §§ 43.1, 

45.2. 

A Member may withdraw a unanimous-consent request at any time before House action thereon, and unanimous consent to do so is not required. 

Deschler Ch 23 § 43.4. 

§ 5. Objecting to the Request 

Generally 

An objection to a unanimous-consent request terminates the request, 

even if the objecting Member attempts to subsequently withdraw the objection. Deschler Ch 23 § 45.6. Because a request for unanimous consent is in 

effect a request to suspend the order of business temporarily, a demand for 

the ‘‘regular order’’ may be made at any time while the request is being 

stated and requires the request to be disposed of immediately. Manual § 381; 

4 Hinds § 3058. 

An objection to a unanimous-consent request may be made by any 

Member, including the Speaker or the chair of the Committee of the Whole. 

8 Cannon § 3383; Deschler Ch 23 §§ 42, 45.5. A Delegate may also object. 

Manual § 675; 6 Cannon § 241. 

When objecting to a unanimous-consent request, a Member must rise 

and be identified for the Congressional Record. Manual § 872; 2 Hinds 

§ 1137. If the Chair repeats the request, the objection is properly made to 

the request as put by the Chair, not as put by the Member making the request. Deschler Ch 23 § 45.2. 

§ 6. Reserving Objections 

A Member may reserve the right to object to a unanimous-consent request and by so doing obtain the floor. Deschler Ch 23 § 42. A Member 

reserving the right to object to a unanimous-consent request holds the floor 

under that reservation subject to a demand for the regular order by any 

Member or by the Chair. Deschler Ch 23 § 46.6. A Member controlling the 

floor under a reservation of the right to object loses the floor if the request 

895 

CHAPTER 54—UNANIMOUS-CONSENT AGREEMENTS § 7 

is withdrawn or if the regular order is demanded. 6 Cannon §§ 287, 288; 

Deschler Ch 23 §§ 46.3, 46.4. If the regular order is demanded by a Member 

standing, the reserving Member must either object or withdraw the reservation. Deschler Ch 23 § 46.6. 

§ 7. Particular Uses Relative to Business of the House 

The unanimous-consent procedure is commonly used to change the regular order or waive the application of a particular rule. Under this practice, 

the House may waive the requirement of a rule unless the rule in question 

specifies that it is not subject to waiver, even by unanimous consent. Deschler Ch 23 § 42. The unanimous-consent procedure is applied across a wide 

range of House business. 

Unanimous-Consent Requests Involving Consideration or Adoption or 

Passage of a Measure 

Unanimous consent may be used to provide for the consideration of a 

measure in the House, to vary the consideration of a measure in the House 

that is being considered under the general rules of the House or under an 

existing special order of business, or to adopt or pass a measure. For example, unanimous-consent requests may be used as follows: 

0 To consider a nonprivileged measure. Deschler Ch 23 § 47.4. 

0 To consider a bill under the general rules of the House. Deschler-Brown 

Ch 29 § 3.4. 

Note: If on the Union Calendar, the bill will then normally be considered in the Committee of the Whole. 

However, the bill may be called up pursuant to the agreement and then by unanimous consent considered in the 

House as in the Committee of the Whole. 4 Hinds § 4923. 

0 To provide a special order for the consideration of certain business (such 

as motions to suspend the rules on a day not set aside for suspensions). 

4 Hinds §§ 3165, 3166; 7 Cannon §§ 758-760. 

0 To alter the terms of a special order of business. 7 Cannon § 763. 

0 To transact other business on a day set apart for a special purpose. 5 Hinds 

§ 7246. 

0 To agree to transact no business during a stated period. 7 Cannon §§ 760, 

761. 

0 To take from the Speaker’s table a House bill with a Senate amendment 

and to consider such an amendment in the House. Manual § 528a. 

0 To permit the House to recede from its own amendment to a Senate 

amendment before the stage of disagreement. 89-2, Apr. 18, 1966, p 

8207. 

0 To permit consideration in the House on any subsequent day of a bill to 

be introduced by the chair of the Committee on Appropriations. 97-2, 

June 23, 1982, p 14989. 

896 

§ 7 HOUSE PRACTICE

0 To waive all points of order against consideration in the House of an unreported joint resolution providing further continuing appropriations for the 

current fiscal year, consider it as read for amendment, close it to amendment by ordering the previous question to passage without intervening 

motion except debate and one motion to recommit. 107-2, Sept. 26, 

2002, p 18146. 

0 To discharge the Committee of the Whole from further consideration of a 

bill being read for amendment under a special order of business, and provide that certain amendments be considered as agreed to. 98-1, Nov. 18, 

1983, p 34160. 

0 To consider a measure on the Union Calendar in the House by waiving 

all points of order against consideration, self-execute a compromise substitute in lieu of the committee amendments, and close the measure to 

amendment by ordering the previous question on the bill, as amended, 

to passage without intervening motion except debate and one motion to 

recommit with or without instructions. 106-2, Apr. 13, 2000, p 5566. 

0 To adopt or pass, in a single request, several measures, including any 

amendments thereto. See, e.g., 107-2, Nov. 14, 2002, p 22513. 

0 To enlarge the time for debate on a motion to suspend the rules. 8 Cannon 

§ 3414. 

0 To specify the time at which a measure is to be called up—either immediately or on a subsequent day. 106-1, July 22, 1999, p 17309. 

Unanimous-Consent Requests to Effect a Variety of Business of the 

House 

In addition to facilitating consideration of legislative matters, unanimous-consent requests may used be as follows: 

0 To swear in a Member-elect pending arrival of the requisite credentials. 6 

Cannon § 12. 

0 To refer a bill for the payment of a private claim against the government 

to a committee other than the Judiciary or Foreign Affairs. Clause 2(d) 

of rule XII. 

0 To correct a reference to committee. Manual § 714. 

0 To permit a committee additional time to file a report. 8 Cannon § 2783. 

0 To insert extraneous material in the Congressional Record or to permit 

Members to revise and extend their remarks or to vacate such permission. 5 Hinds § 6990; Deschler Ch 23 § 47.11. 

0 To postpone consideration of a measure, such as a resolution from the 

Committee on Rules, or to postpone certain votes thereon. Deschler Ch 

23 § 47.8. 

0 To entertain a proposition for a recess. 8 Cannon § 3357. 

Note: Clause 12 of rule I permits the Speaker, without 

unanimous consent, to declare a ‘‘short’’ recess when no 

897 

CHAPTER 54—UNANIMOUS-CONSENT AGREEMENTS § 8 

business is pending or an ‘‘emergency’’ recess when notified of an imminent threat. 

0 To suspend the order of business to permit the House to vacate an action 

taken on a bill. 6 Cannon § 711. 

0 To withdraw papers accompanying bills after they have been submitted to 

the House. 5 Hinds § 7259. 

0 To file a report while the House is not in session. 8 Cannon § 2252. 

0 To withdraw a report from a standing committee. 8 Cannon § 2312. 

0 To allow a Member to proceed in order after the Chair has ruled words 

out of order. Manual § 961. 

0 To change unparliamentary words spoken in debate or to withdraw or delete such words from the Congressional Record. 8 Cannon §§ 2538, 

2540; Deschler Ch 23 §§ 47.9, 47.10. 

0 To address the House for one minute before offering a motion. Deschler 

Ch 23 § 47.7. 

§ 8. Particular Uses Relative to Business of the Committee of the 

Whole 

Unanimous-consent requests are frequently used in the House and in the 

Committee of the Whole to vary the rules governing consideration of a 

measure. However, the Committee of the Whole may by unanimous consent 

permit only minor variances from a special order of business adopted by 

the House. The variances must be congruent with the special order of business governing consideration of the measure in the Committee of the Whole. 

Manual § 993. 

The following unanimous-consent requests may be considered in the 

Committee of the Whole: 

0 To dispense with the first reading of a bill. 8 Cannon § 2436. 

0 To dispense with the reading of an amendment. Deschler Ch 23 § 47.2. 

0 To withdraw a pending amendment. Clause 5 of rule XVIII; Manual § 978. 

0 To return to a portion of a bill passed in the reading for amendment. 8 

Cannon § 2929. 

0 To permit a supporter of an amendment to claim debate time allocated by 

special order of business to an opponent, where no opponent seeks recognition. Manual § 993. 

0 To shorten the time set by a special order of business for debate on a particular amendment. Manual § 993. 

0 To 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. Manual § 993. 

0 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. 

Manual § 993. 

898 

§ 8 HOUSE PRACTICE

0 To permit the offering of pro forma amendments for the purpose of debate 

under a ‘‘modified-closed’’ special order of business limiting both 

amendments and debate thereon but not specifically preempting pro 

forma amendments. Manual § 993. 

0 To close debate on titles of a bill that have not been read. Deschler Ch 

23 § 47.1. 

0 To close or limit debate under the five-minute rule and to modify that time 

limit. Manual § 987. 

0 To permit the reading of an amendment considered as read by special order 

of business. Manual § 993. 

The following unanimous-consent requests are not in order in the Committee of the Whole: 

0 To change the scheme for control or duration of general debate specified 

by the House (except to allow transfers of time among committees allotted time by the House). Manual § 993. 

0 To entertain a motion to reconsider. Deschler Ch 23 § 39.12. 

0 To excuse a Member from voting in the Committee of the Whole. Deschler-Brown Ch 30 § 3.3. 

0 To permit an 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. Manual § 993. 

0 To permit a substitute to be read for amendment by section where the special order of business did not so provide. Manual § 993. 

0 To restrict ‘‘en blocking’’ authority granted in a special order of business. 

Manual § 993. 

0 To preempt the Chair’s discretion under clause 6 of rule XVIII to postpone 

and cluster votes or to schedule further consideration of a pending measure to a subsequent day. Manual § 993. 

0 To postpone a vote on an appeal of a ruling of the Chair. Manual § 993. 

0 To permit an amendment to an amendment rendered unamendable by a special order of business or to permit an amendment to an amendment already adopted. Manual § 993. 

0 To permit consideration of an amendment out of the order specified in a 

special order of business. Manual § 993. 

0 To permit consideration of an additional amendment or to authorize a supplemental report from the Committee on Rules in lieu of the original report referred to in the special order of business. Manual § 993. 

0 To permit another to offer an amendment where the special order of business vested the authority to offer such amendment in a specified Member. Manual § 993. 

0 To permit a division of the question on an amendment rendered indivisible 

by a special order of business. Manual § 993. 

899 

CHAPTER 54—UNANIMOUS-CONSENT AGREEMENTS § 9 

0 To 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. Manual § 993. 

0 To prohibit the offering of an amendment otherwise in order. Manual 

§ 980. 

§ 9. Limitations on Requests; Grounds for Denial of Recognition 

It cannot be assumed that the House has authority to waive any rule 

by unanimous consent. Sometimes the rule itself contains a specific provision that cannot be suspended by unanimous consent. The rules specifically 

prohibit the use of the unanimous-consent procedure as follows: 

0 To permit unauthorized persons to be admitted to the House floor. Clause 

2 of rule IV. 

0 To bring to the attention of the House an occupant of the galleries. Clause 

7 of rule XVII. 

0 To delete the name of the first sponsor of a bill or resolution. Clause 

7(b)(2) of rule XII. 

In addition, there are many rules that are not subject to waiver by unanimous consent under the practice of the House. Deschler-Brown Ch 29 

§ 11.1. For example, the following unanimous-consent requests are not in 

order in the House: 

0 To permit Members to record their votes after the announcement of the result. Deschler-Brown Ch 30 § 36.1. 

0 To extend a special-order speech beyond the cut-off time specified in the 

Speaker’s announced policies. Manual § 950. 

0 To permit a Member to give a second one-minute speech. Manual § 950. 

0 To revise and extend arguments in the Congressional Record on points of 

order (it being essential that the Chair’s ruling be responsive to arguments actually made). Manual § 628. 

0 To insert in the Congressional Record a colloquy between Members that 

did not actually occur. Manual § 692. 

Requests Denied Recognition at the Speaker’s Discretion 

The Speaker may decline to recognize for a unanimous-consent request 

that is improper or inappropriate under the particular circumstances, as 

where proper notice cannot be given to interested Members. Deschler Ch 

23 § 48.2. The Speaker may do so by exercising the discretionary power of 

900 

§ 10 HOUSE PRACTICE

recognition. Deschler Ch 23 § 42. Thus the Speaker may decline to recognize for a unanimous-consent request: 

0 To permit a Member to address the House on a private bill being considered on the Private Calendar (proceedings which normally preclude debate). Deschler Ch 23 § 48.8. 

0 To permit the House to rerefer a bill to a committee whose chair has not 

been consulted on the matter. Deschler Ch 23 § 48.5. 

0 To consider a measure after the Members have been informed that there 

will be no further legislative business for the day. Deschler Ch 23 

§§ 48.6, 48.7. 

0 To reduce to five minutes the time for the first vote in a series of postponed votes, because the bell and light system would not give adequate 

notice of the initial five-minute vote. Manual § 1030. 

0 To direct the clerk of a committee, without its approval, to remove from 

committee offices certain documents and bring such documents to the 

well of the House Deschler Ch 23 § 48.4. 

For a discussion of the Speaker’s guidelines for conferring recognition 

for unanimous-consent requests for the consideration of certain measures, 

see § 2, supra. 

§ 10. Modification or Revocation of Agreement 

An agreement entered into by unanimous consent may be modified or 

vacated by unanimous consent at the pleasure of the House. 7 Cannon § 946. 

Thus, by unanimous consent, the House may vacate a previous unanimousconsent agreement permitting all Members to revise and extend their remarks on a particular measure. 98-1, Nov. 15, 1983, p 32746. A unanimousconsent agreement also may be revoked pursuant to a majority vote on a 

resolution reported from the Committee on Rules as to the order of business. 

8 Cannon § 3390. 

The Speaker will not entertain a unanimous-consent request to preclude 

recognition for consideration of a certain matter. Agreement to such a request would render the restriction an order of the House. The Speaker prefers to retain the scheduling of legislation as the prerogative of the majority 

leadership, subject to the Speaker’s guidelines for unanimous-consent requests as discussed in section 2, supra. 

901 

Chapter 55 

Unfinished Business 

§ 1. In General 

§ 2. Business Unfinished at Adjournment 

§ 3. — Where Previous Question Ordered 

§ 4. — On Days Designated for Special Classes of Business 

§ 5. Voting as Unfinished Business 

§ 6. Business Postponed to a Day Certain 

§ 7. In Committee of the Whole 

Research References 

4 Hinds §§ 3112-3114, 4735, 4736 

6 Cannon §§ 740, 741 

Deschler Ch 21 § 3 

Manual §§ 869, 876-879 

§ 1. In General 

Unfinished business is business that was carried over from a previous 

day and is in order immediately after disposition of business on the Speaker’s table under clauses 1 and 2 of rule XIV, which set forth the daily order 

of business in the House. Manual §§ 869, 873. The resumption of unfinished 

business under clause 3 may be preempted by business of higher privilege, 

such as a motion to discharge on a discharge day. Deschler Ch 21 § 3. Unfinished business may not be called up under clause 1 of rule XIV if the 

order of business under that rule has been supplanted, as it always is. See 

ORDER OF BUSINESS; PRIVILEGED BUSINESS. 

The Speaker has the discretionary authority under clause 8 of rule XX 

to postpone certain questions and to ‘‘cluster’’ them for voting at a designated time or place in the legislative schedule. The postponement authorized by the rule must be to a time within two subsequent legislative days, 

with the exception of questions relating to the approval of the Journal, 

which may be postponed only to a time on the same legislative day. Manual 

§§ 877, 1030. Once announced, the time for taking postponed votes may be 

redesignated within the permissible period by the Chair. Manual § 1030. 

When the House adjourns on the second legislative day after postponement 

of a question under clause 8 of rule XX, without resuming proceedings 

902 

§ 2 HOUSE PRACTICE

thereon, the question remains unfinished business on the next legislative 

day. Manual §§ 877, 1030; see VOTING. 

Certain categories of business that are postponed until a designated time 

are resumed at the discretion of the Chair. In addition to votes under clause 

8 of rule XX discussed supra, consideration of a veto message postponed 

to a day certain provides an example. Deschler Ch 21 § 28.4. Additionally, 

beginning in the 111th Congress, the Speaker has the authority to postpone 

further consideration of certain measures on which the previous question has 

been ordered, and resume such consideration at the Speaker’s discretion. 

Manual § 1000a. Generally, however, unfinished business coming over from 

a previous day does not automatically come before the House for consideration but must be called up by a Member in charge. Deschler Ch 21 § 3. 

If the matter called up as unfinished business was under debate at the 

time of postponement, debate does not begin anew but recommences from 

the point where it was interrupted. Manual § 915. 

§ 2. Business Unfinished at Adjournment 

Clause 3 of rule XIV provides that, with certain exceptions, business 

pending and unfinished at adjournment is to be resumed after business on 

the Speaker’s table is finished and at the same time each day thereafter until 

disposed of. Manual § 876; see also clause 8 of rule XX. For example, 

where the House adjourns during consideration of a report from the Committee on Rules, further consideration of the report becomes the unfinished 

business on the following day, and debate resumes from the point where interrupted. Manual § 877. 

Ordinarily, under clause 3 of rule XIV, any general legislative business 

that is unfinished at adjournment goes over to the succeeding day, whereas 

motions that relate merely to the sequence or order of business do not. Manual §§ 876, 877. Thus, a motion relating to the order of business does not 

recur as unfinished business on a succeeding day, even though a vote had 

been ordered on it. 4 Hinds § 3114. Likewise, the question of consideration, 

when not disposed of at adjournment, does not recur as unfinished business 

on a succeeding day but may be raised anew on a subsequent day when 

the matter is again before the House. 5 Hinds §§ 4947, 4948; 8 Cannon 

§ 2438. Those special classes of business that are in order only on days of 

the week designated by House rule are not covered by clause 3 of rule XIV. 

See § 4, infra. 

When the House adjourns on the second legislative day after postponement of a question under clause 8 of rule XX without resuming proceedings 

thereon, the question remains unfinished business on the next legislative 

903 

CHAPTER 55—UNFINISHED BUSINESS § 5 

day. When the House adjourns while a motion to instruct conferees under 

clause 7(c) of rule XXII is pending, the motion to instruct becomes unfinished business on the next day and does not need to be renoticed. Manual 

§ 877. 

§ 3. — Where Previous Question Ordered 

If the House adjourns without voting on a proposition on which the previous question has been ordered, the question comes up as unfinished business on the next legislative day. Manual § 878; 5 Hinds §§ 5510-5517; 8 

Cannon § 2691. The previous question having been ordered on a matter, its 

consideration on the succeeding day becomes preferential and may supersede action on other business, even though privileged. Thus, a resolution 

coming over from the preceding day with the previous question ordered was 

held to take precedence over a motion to dispose of a veto message from 

the President. 8 Cannon § 2693. Similarly, a bill coming over from the preceding day with the previous question ordered was held to take precedence 

over business made in order by a special order of business. 5 Hinds § 5520. 

§ 4. — On Days Designated for Special Classes of Business 

Consistent with clause 3 of rule XIV, business unfinished at adjournment and belonging to a class of business that is in order only on certain 

days is not taken up again until the next day eligible for the call of the appropriate calendar or for that class of business. 8 Cannon § 2334; Deschler 

Ch 21 § 3. This practice is followed with respect to: 

0 Private bills considered on certain Tuesdays. See PRIVATE CALENDAR. 

0 Matters considered at the Calendar Wednesday call of committees. See 

CALENDAR WEDNESDAY. 

0 District of Columbia bills on certain Mondays. See DISTRICT OF COLUMBIA

BUSINESS. 

0 Bills brought up under the rule setting apart days for motions to suspend 

the rules (but not those postponed under clause 8 of rule XX). 8 Cannon 

§ 3412; Deschler Ch 21 §§ 3.30, 3.31. 

0 Bills brought up under the rule setting apart days for motions to discharge 

committees. See DISCHARGING MEASURES FROM COMMITTEES. 

§ 5. Voting as Unfinished Business 

When a vote is postponed or when a quorum fails to vote on a question 

and the House adjourns, the vote may recur as unfinished business on the 

following day. Deschler Ch 21 § 3. For votes postponed by the Speaker 

under clause 8 of rule XX, see § 1, supra. Votes on unfinished business in 

904 

§ 6 HOUSE PRACTICE

the House are put de novo, if previously postponed, and Members have the 

same rights as when the question was first put, unless the yeas and nays 

or a recorded vote was ordered before postponement. Deschler Ch 21 § 3.18. 

Thus, when a vote is postponed pursuant to clause 8 of rule XX, having 

been objected to for lack of a quorum when initially before the House, the 

yeas and nays or a recorded vote may be demanded when the vote recurs 

as unfinished business. Manual § 76; Deschler-Brown Ch 30 §§ 56.5, 56.6; 

see VOTING. The Speaker also may postpone proceedings again when the 

vote recurs on such vote previously objected to for lack of a quorum. For 

a discussion of postponed votes in Committee of the Whole, see § 7, infra. 

§ 6. Business Postponed to a Day Certain 

Where a measure before the House is postponed to a day certain, either 

by motion or by unanimous consent, the measure becomes the unfinished 

business on the day to which postponed. Deschler Ch 21 § 3. This practice 

is followed with respect to postponed conference reports and to veto messages that are postponed to a day certain. Deschler Ch 21 §§ 8.17, 8.18; see 

also POSTPONEMENT. 

§ 7. In Committee of the Whole 

Unfinished Business 

Business unfinished when the Committee of the Whole rises remains 

unfinished and is to be considered first in order when the House next goes 

into Committee of the Whole to consider that business. 4 Hinds § 4735. The 

House or the Speaker, pursuant to declaration authority under clause 2 of 

rule XVIII, and not the Committee of the Whole, controls resumption of 

consideration. The chair of the Committee of the Whole will not entertain 

unanimous-consent requests to fix the time of resumption of consideration 

of a bill. Manual § 993. 

When the House resolves into Committee of the Whole for the consideration of a bill on which reading for amendment was begun on the previous 

day, the Committee proceeds with the reading of the bill. 8 Cannon § 2336. 

Postponed Requests for Recorded Votes 

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. When proceedings resume on a request for a recorded vote 

on an amendment so postponed, the voice vote is acknowledged and the request is announced as pending. An electronic vote ordered on the postponed 

905 

CHAPTER 55—UNFINISHED BUSINESS § 7 

request may be reduced to not less than two minutes, provided the first vote 

in a series is 15 minutes. Manual § 984; see also AMENDMENTS. 

907 

Chapter 56 

Unfunded Mandates 

§ 1. In General 

§ 2. Definition of Mandate 

§ 3. Committee Responsibilities 

§ 4. Points of Order 

§ 5. Disposition of Points of Order 

Research References 

Deschler-Brown Ch 31 § 1.57 

Manual §§ 790, 843, 910, 991, 1081, 1127 

Congressional Budget Act of 1974, §§ 421-428 (2 USC §§ 658-658g, 

1502, 1515) 

§ 1. In General 

Part B was added to title IV of the Congressional Budget and Impoundment Control Act of 1974 by the Unfunded Mandates Reform Act of 1995. 

These provisions were enacted to require an assessment and full consideration of the impact of legislative and regulatory proposals on public and private sectors. H. Rept. 104-1. The Act explicitly declared that Part B was 

enacted as an exercise of congressional rulemaking powers. Manual § 1127; 

2 USC § 1515. 

§ 2. Definition of Mandate 

The Unfunded Mandates Reform Act defines a ‘‘Federal intergovernmental mandate’’ as (1) an enforceable duty on State, local, or tribal government, or a reduction in the authorization of appropriations for Federal financial assistance provided to those governments for compliance with such 

duty, or (2) a provision which compels State and local spending for participation in an entitlement program under which at least $500 million is provided to States and localities annually. Manual § 1127; 2 USC § 1502. 

A ‘‘Federal private sector mandate’’ is defined as an enforceable duty 

on the private sector or a reduction in the authorization of appropriations 

for Federal financial assistance provided to the private sector for compliance 

with such a duty. Manual § 1127; 2 USC § 1502. 

908 

§ 3 HOUSE PRACTICE

§ 3. Committee Responsibilities 

Under the Act, the Congressional Budget Office (CBO) must provide 

an authorizing committee with a detailed cost estimate for each bill reported 

by such committee containing mandates that have the requisite annual aggregate impact (adjusted for inflation) on the public sector (i.e., State and local 

government) or on the private sector. A committee must publish this CBO 

estimate in the committee report or in the Congressional Record before consideration of the legislation on the House floor. 2 USC § 658b. 

A committee report also must include: 

0 An assessment of the costs and benefits of the mandate. 

0 A statement of the degree to which the Federal funding of an intergovernmental mandate would disadvantage the private sector. 

0 A statement of the amount of assistance authorized to pay for the mandate. 

0 A statement whether the committee intends that the mandate be unfunded. 

0 A statement whether the legislation intends to preempt State and local law. 

2 USC § 658b. 

§ 4. Points of Order 

It is not in order to consider a bill or joint resolution reported by a committee containing an intergovernmental mandate unless the committee has 

published a CBO estimate. 2 USC § 658b. There is no point of order against 

consideration of a measure containing a private sector mandate, even though 

CBO must provide, and committees must publish, similar cost estimates for 

private sector mandates as they do for intergovernmental mandates. See § 3, 

supra. 

A point of order also would lie on the floor against consideration of 

a bill, joint resolution, amendment, motion, or conference report that imposes intergovernmental mandates exceeding the requisite level on State and 

local governments unless the legislation: 

0 Funds the mandates through new budget authority or new entitlement authority; 

0 Includes an authorization for appropriations for the direct costs of the mandate; and 

0 Provides for an evaluation of and reaction to the direct costs of the mandate 

by the relevant Federal agency and expedited procedures in the Congress 

to address such evaluation. 

Manual § 1127; 2 USC § 658d. 

A point of order under the Act may not be raised against an appropriation bill or an amendment thereto, with certain exceptions. Manual § 1127; 

2 USC § 658c. The Act not only establishes a point of order against considVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00918 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
909 

CHAPTER 56—UNFUNDED MANDATES § 5 

eration of a measure containing an unfunded intergovernmental mandate (2 

USC § 658d), but it also establishes a point of order against a resolution providing a special order of business that waives a point of order against a 

measure, or self-executes the adoption of an amendment, containing an unfunded intergovernmental mandate (2 USC § 658e). A special order of business ‘‘hereby’’ concurring in a Senate amendment that precludes the opportunity to raise a point of order constitutes a waiver of the application of 

the point of order. 109-2, Feb. 1, 2006, pp 549, 550. 

§ 5. Disposition of Points of Order 

A point of order against consideration of a bill is properly raised pending the Speaker’s declaration that the House resolve into the Committee of 

the Whole for such consideration. A point of order against consideration of 

a resolution providing a special order of business must be made when the 

special order is called up and comes too late after the resolution has been 

adopted. Manual § 1127; 2 USC § 658e. 

In order to be cognizable by the Chair, each point of order must specify 

the precise language on which it is premised. A point of order may be raised 

against more than one provision. Manual § 1127; 2 USC § 658e. In the case 

of a special order of business, the precise language subject to the point of 

order is normally the waiver of points of order against consideration of the 

underlying measure, including amendments thereto. 

Each point of order raised is separately debatable for 20 minutes, equally divided between the Member initiating the point of order and an opponent. Debate on the point of order against a special order of business is on 

the question whether the House should consider the measure. The Members 

controlling debate on the point of order may reserve time, and a manager 

of a measure who controls time for debate against the point of order has 

the right to close debate. Manual § 1127; 2 USC § 658e. 

After debate the Chair puts one question of consideration with respect 

to the proposition that is the subject of the points of order. The Chair puts 

the question of consideration without intervening motion except one motion 

that the House adjourn. Disposition of the question of consideration of a bill 

or resolution shall be considered also to determine a like point of order 

against an amendment made in order as original text. Manual § 1127; 2 USC 

§ 658e. 

911 

Chapter 57 

Veto of Bills 

§ 1. In General; Veto Messages 

§ 2. House Action on Vetoed Bills 

§ 3. — Consideration as Privileged 

§ 4. — Motions in Order 

§ 5. — Debate 

§ 6. — Voting; Disposition of Bill 

§ 7. Pocket Vetoes 

§ 8. Line Item Veto Authority 

Research References 

U.S. Const. art. I § 7 

4 Hinds §§ 3520-3552 

7 Cannon §§ 1094-1115 

Deschler Ch 24 §§ 17-23 

Manual §§ 104, 107-109, 112-114, 1130(6B) 

§ 1. In General; Veto Messages 

Generally 

The authority for the President to disapprove, or veto, a bill is spelled 

out in article I, section 7 of the Constitution. The same clause addresses the 

process by which Congress can override a veto and enact a measure into 

law. 

The President has a 10-day period in which to approve or disapprove 

a bill. The President can sign the bill into law or return it to the House 

of its origination with a veto message detailing why the President chooses 

not to sign. If the President fails to give approval by signing the bill during 

that period, the bill will become law automatically, without a signature. 

However, in very limited circumstances the President may, by withholding 

a signature, effect a ‘‘pocket veto.’’ If before the end of a 10-day signing 

period the Congress adjourns sine die and thereby prevents the return of the 

bill, the bill does not become law if the President has taken no action regarding it. At this stage, the bill can become a law only if the President 

signs it. Deschler Ch 24 § 17. For a discussion of pocket vetoes, see § 7, 

infra. 

912 

§ 2 HOUSE PRACTICE

The 10-day period given the President under the Constitution in which 

to approve or reject a bill begins on the day after the bill is presented to 

the President. The day on which the bill is presented to the President is not 

counted in the computation, and Sundays also are excluded. Deschler Ch 24 

§ 17.1. 

Under the usual practice, bills are considered to have been ‘‘presented 

to the President’’ when they are delivered to the White House. However, 

bills delivered to the White House while the President was abroad have been 

held by the White House, under arrangements agreed to with the presenting 

House, for presentation to the President upon return to the United States. 

Manual § 105. 

When the President exercises the veto authority, the enrollment is returned with a sealed message setting forth the objections. An enrolled House 

bill returned to the Clerk during a recess with a ‘‘memorandum of disapproval’’ setting forth the objections of the President has been treated by 

the House as a return veto. Manual §§ 107, 113. 

§ 2. House Action on Vetoed Bills 

The Speaker lays a veto message before the House on the day it is received. Deschler Ch 24 § 20.1. It is then read and entered in the Journal. 

Manual § 108. The Speaker announces: 

The objections of the President will be spread at large upon the Journal 

and the message and bill will be printed as a House document. 

When the message is laid before the House, the question on passage 

is considered as pending. No motion from the floor to reconsider the bill 

is necessary. 7 Cannon §§ 1097-1099. If the House does not wish to proceed 

immediately to reconsider the bill, the motions to lay on the table, to postpone consideration to a day certain, or to refer to committee are available. 

See § 4, infra. The House also may agree, by unanimous consent, to postpone consideration of a veto message to another day. 101-2, Jan. 23, 1990, 

p 5; 105-1, Nov. 13, 1997, p 26564; 111-2, Jan. 12, 2010, p ll. Under 

clause 4 of rule XVI, and under the precedents, the motion for the previous 

question takes precedence over a motion to postpone or to refer when a 

question is under debate. However, where the Speaker has laid before the 

House a veto message from the President but has not yet stated the question 

to be on overriding the veto, that question is not ‘‘under debate’’ and the 

motion for the previous question does not take precedence. Manual § 108. 

If the House wishes to proceed to the consideration of the message and address the question of passing the bill over the President’s veto, it can defeat 

any preferential motion that is offered and proceed to the main question. 

913 

CHAPTER 57—VETO OF BILLS § 4 

If no preferential motion is offered, the Chair then states the question 

as follows: 

The pending question is whether the House will, on reconsideration, 

pass the bill, the objections of the President to the contrary notwithstanding. 

§ 3. — Consideration as Privileged 

The consideration of a veto message from the President is a matter of 

high privilege and may interrupt consideration of a pending matter (such as 

a conference report) if the previous question has not been ordered on that 

matter. 95-2, Oct. 5, 1978, p 33704. Although its consideration may be postponed to a day certain, it remains highly privileged and becomes the unfinished business on that day. Deschler Ch 24 §§ 22.1, 22.2. A vetoed bill may 

be laid on the table. However, because it is still highly privileged, a motion 

to take it from the table is in order at any time. Manual § 108; 4 Hinds 

§ 3550; 5 Hinds § 5439; 7 Cannon § 1105. If a veto message is referred to 

committee, a motion to discharge the committee from further consideration 

of the message also is highly privileged. 4 Hinds § 3532. 

A vetoed bill received in the House from the Senate is considered as 

if received directly from the President and supersedes the regular order of 

business. Manual § 107; 4 Hinds § 3537; 7 Cannon § 1109. The privilege accorded vetoed bills does not extend to a bill reported in lieu of a vetoed 

bill. 4 Hinds § 3531; 7 Cannon § 1103. 

Although highly privileged, the consideration of a vetoed bill yields to: 

0 Unfinished business from the preceding day with the previous question ordered. 8 Cannon § 2693. 

0 Certain matters being considered as questions privileged under the Constitution, such as contested elections or impeachment. 5 Hinds § 6642; 3 

Hinds § 2053. 

0 A motion to adjourn. 4 Hinds § 3523. 

§ 4. — Motions in Order 

Generally 

The mandate under article I, section 7 of the Constitution, that the 

House ‘‘shall... proceed to reconsider’’ a vetoed bill, means that the 

House considers it under the rules of the House, with the ordinary motions 

under the House rules available. Manual § 108. The motions to lay the bill 

on the table, to postpone to a day certain, and to refer take precedence in 

the order named over the question of reconsideration of passage, the objections of the President to the contrary notwithstanding, until the previous 

914 

§ 4 HOUSE PRACTICE

question is ordered. A Member may not move the previous question on the 

question of reconsideration where the Chair has not yet stated the question 

to be pending on overriding the veto. Manual § 108; see also 7 Cannon 

§ 1105; § 2, supra. 

Postponement 

Although the House often takes immediate action on a veto message 

from the President, the consideration of the message may be postponed to 

a day certain by unanimous consent or by motion. 4 Hinds §§ 3542-3547; 

Deschler Ch 24 § 21.9. Such a postponement is not in violation of the constitutional requirement that the House ‘‘shall... proceed to reconsider’’ 

a vetoed bill. Manual § 108. The postponement has been for as long as eight 

months and into the next session of the same Congress. 99-1, Dec. 17, 1985, 

p 37477. The motion to postpone further consideration of a veto message 

is debatable for one hour. Manual § 108. 

When consideration of a veto message is postponed to a day certain, 

it becomes unfinished business on that day, and its consideration does not 

require a motion from the floor. Deschler Ch 24 § 22.1. At that time, the 

veto message may be voted on, tabled, referred to committee, or again postponed as the House determines. Manual § 108. 

Referral to Committee 

A veto message from the President may be referred to a committee by 

unanimous consent or by motion. 4 Hinds § 3550; Deschler Ch 24 § 21.5. 

Such a referral is in order in the House even on a bill that the Senate has 

already passed over the President’s veto. 94-2, Jan. 26, 1976, p 874. 

A motion to refer a veto message to committee takes precedence over 

the question of reconsideration. 7 Cannon § 1100. However, although the ordinary motion to refer may be applied to a vetoed bill, the motion is not 

in order pending the demand for the previous question or after it is ordered 

on the constitutional question of reconsideration. 7 Cannon § 1102. 

Discharge of Committee 

A motion to discharge a committee from the consideration of a vetoed 

bill is privileged. 4 Hinds § 3532. Under the modern practice, such motion 

is debatable under the hour rule. Manual § 108. The motion is renewable 

every legislative day, notwithstanding the tabling of a prior motion. 100-2, 

Aug. 10, 1988, p 21589. If a motion to discharge is agreed to, the veto message is pending as unfinished business. Manual § 108. 

915 

CHAPTER 57—VETO OF BILLS § 7 

Amendability 

A vetoed bill is not amendable in the House, nor in a committee following referral. 4 Hinds § 3551; cf. 4 Hinds § 5644. 

§ 5. — Debate 

Debate on the question of overriding the President’s veto of a bill is 

under the hour rule. Deschler Ch 24 § 22.7. The previous question may be 

moved by the manager at any time during the debate. Deschler Ch 24 

§ 22.9. The Chair normally recognizes the chair of the committee or subcommittee that managed the bill to control the debate on the veto message. 

§ 6. — Voting; Disposition of Bill 

Under article I, section 7 of the Constitution, a vetoed bill becomes law 

when it is reconsidered and passed by the requisite two-thirds vote in each 

House. The two-thirds vote required to pass the bill is two-thirds of the 

Members voting, a quorum being present, and not two-thirds of the total 

membership of the House. 4 Hinds §§ 3537, 3538; 7 Cannon § 1111. Article 

I, section 7, further requires that the vote on passage of a bill over the President’s veto must be by the yeas and nays. Deschler Ch 24 § 22.10. 

The motion to reconsider is not in order on the vote on the question 

of overriding a veto. 5 Hinds § 5644; 8 Cannon § 2778. 

When a vetoed House bill is reconsidered and passed in the House, the 

House sends the bill and veto message to the Senate and informs that body 

that it passed by the constitutional two-thirds vote. When the House fails 

to pass a bill over the President’s veto, the bill and veto message are referred to committee, and the Senate is informed of the action of the House. 

Deschler Ch 24 § 23. 

§ 7. Pocket Vetoes 

Generally; Use After Final Adjournment 

Under the Constitution, if the President neither signs nor returns a bill 

within 10 days (Sundays excepted), it becomes law as if it had been signed, 

unless Congress by its adjournment ‘‘prevents its return.’’ U.S. Const. art. 

I, § 7. The President is said to ‘‘pocket veto’’ a bill where no action is taken 

on the bill during the 10-day period and where the Congress adjourns sine 

die before the expiration of that time in such a manner as to prevent the 

return of the bill to the originating House. Manual § 112; Deschler Ch 24 

§ 18; The Pocket Veto Case, 279 U.S. 655, 680 (1929) (dicta). 

916 

§ 7 HOUSE PRACTICE

A constitutional debate still lingers with respect to the conditions under 

which the President may exercise the pocket veto authority during other 

types of adjournment of a Congress. The executive and legislative branches 

have sometimes held different perspectives with respect to the conditions 

surrounding an adjournment and their impact on the return of a bill disapproved by the President. 

During Intersession Adjournments 

The Supreme Court has held that the President’s return of a bill to the 

originating House was prevented when the Congress adjourned its first session sine die fewer than 10 days after presenting the bill to the President 

for approval. Because neither House was in session to receive the bill, the 

President was prevented from returning it, and a pocket veto was upheld. 

The Pocket Veto Case, 279 U.S. 655 (1929). A more recent appellate court 

decision held that the return of a bill during an adjournment between sessions was not prevented within the meaning of the Constitution where the 

originating House had appointed an agent for the receipt of Presidential veto 

messages. The decision further stated that the validity of a pocket veto is 

governed not by the type or length of adjournment but by whether the conditions of the adjournment impede the actual return of the bill. Barnes v. 

Kline, 759 F.2d 21 (D.C. Cir. 1985), vacated as moot, Burke v. Barnes, 479 

U.S. 361 (1987). As part of the concurrent resolution providing for the sine 

die adjournment of the first session, the Congress has affirmed its position 

that an intersession adjournment does not prevent the return of a bill where 

the Clerk and the Secretary of the Senate are authorized to receive messages 

during the adjournment. Manual § 113. Under clause 2(h) of rule II, the 

Clerk is authorized to receive messages from the President at any time that 

the House is not in session. Manual § 652. On certain occasions, when the 

second session of a Congress convenes, the House has asserted its right to 

reconsider a bill returned with a Presidential ‘‘memorandum of disapproval’’ 

received during the sine die adjournment that follows the first session. Manual § 113; 101-2, Jan. 23, 1990, p 3. 

During Intrasession Adjournments 

An adjournment of Congress during a session does not prevent the 

President from returning a bill disapproved of, as long as appropriate arrangements are made by the originating House for the receipt of Presidential 

messages during the adjournment. Thus, it has been held that a Senate bill 

cannot be pocket vetoed by the President during an ‘‘intrasession’’ adjournment of Congress for more than three days to a day certain, where the Secretary of the Senate has been authorized to receive Presidential messages 

917 

CHAPTER 57—VETO OF BILLS § 8 

during such adjournment. Kennedy v. Sampson, 511 F.2d 430 (D.C. Cir. 

1974); see also Kennedy v. Jones, 412 F. Supp. 353 (D.D.C. 1976). The 

Supreme Court has held that the adjournment of the House of origin for a 

period not exceeding three days while the other House of the Congress remained in session, does not prevent the return of a vetoed bill to the House 

of origin. Wright v. United States, 302 U.S. 583 (1938). 

In one instance the House and Senate reconsidered and passed a bill 

that was ostensibly pocket vetoed during an intrasession adjournment. The 

Administrator of General Services at the Archives (now Archivist), upon receiving instructions from the Department of Justice, declined to promulgate 

the bill as public law on the day it was received. The question as to the 

efficacy of the congressional action in passing the bill over the President’s 

veto was mooted when the House and Senate passed an identical bill that 

was signed into law. Manual § 113. 

‘‘Protective Return’’ 

Presidents have, on occasion, asserted the ability to employ what is 

known as a ‘‘protective return’’ veto, whereby a bill is not signed, but returned to Congress with a ‘‘memorandum of disapproval,’’ asserting pocket 

veto authority. In such instances, the House has regarded the President’s actual return of the bill without a signature as a return veto and proceeded 

to reconsider the bill over the President’s objections. Manual § 113. 

For a joint letter from Speaker Foley and Minority Leader Michel to 

the President, and a response thereto by Attorney General Thornburg, on the 

use of pocket veto authority during an intrasession adjournment, see 101- 

2, Jan. 23, 1990, p 3. For joint letters from Speakers and Minority Leaders 

reiterating their predecessors’ concerns in this area, see 106-2, Sept. 19, 

2000, p 18594; 106-2, Nov. 13, 2000, pp 26022, 26023; 110-2, Oct. 2, 

2008, p ll; 111-2, May 26, 2010, p ll. For discussions of the constitutionality of intersession or intrasession pocket vetoes, see Kennedy, ‘‘Congress, The President, and The Pocket Veto,’’ 63 Va. L. Rev. 355 (1977), 

Spitzer, ‘‘The ‘‘Protective Return’’ Pocket Veto: President Aggrandizement 

of Constitutional Power’’ 31 Presidential Studies Quarterly 720 (2001), and 

Hearing, Subcommittee on Legislative Process, Committee on Rules, on 

H.R. 849, 101st Congress. 

§ 8. Line Item Veto Authority 

The Line Item Veto Act took effect on January 1, 1997. 2 USC §§ 691- 

691f. The Act gave the President the authority to cancel discrete dollar 

amounts of discretionary budget authority, new direct spending, and limited 

tax benefits contained in Acts sent for approval. Cancellations were effective 

918 

§ 8 HOUSE PRACTICE

unless disapproved by law. Such disapprovals could be enacted under the 

congressional review procedures set forth in the Act. The President has exercised this cancellation authority on a couple of occasions. See H. Doc. 105- 

147, H. Doc. 105-115, and H. Doc. 105-116. In Clinton v. City of New 

York, 524 U.S. 417 (1998), the Supreme Court held that the cancellation authority of the Line Item Veto Act violated the presentment clause of article 

I, section 7 of the Constitution. Although the congressional review procedures remain in the law, the Court decision makes it unlikely that they will 

be invoked. See Manual § 1130(6B). 

919 

Chapter 58 

Voting 

A. GENERALLY

§ 1. In General; Kinds of Votes 

§ 2. The Electronic Voting System 

§ 3. Prohibitions Against Voting by Proxy or for Absent Members 

B. ROLE OF THE CHAIR; DUTIES

§ 4. In General; Putting the Question 

§ 5. Voting by the Chair 

§ 6. Chair’s Responsibility as to the Count 

C. RIGHTS AND DUTIES OF MEMBERS

§ 7. In General; Duty to Vote 

§ 8. Disqualification to Vote 

D. NONRECORD VOTES

§ 9. In General; Voice Votes 

§ 10. Voting by Division 

§ 11. Teller Votes 

E. VOTES OF RECORD

§ 12. Yea-and-Nay Votes; Recorded Votes 

§ 13. Ordering the Yeas and Nays 

§ 14. Demanding the Yeas and Nays 

§ 15. Voting by the Yeas and Nays 

§ 16. Automatic Yea-and-Nay Votes 

§ 17. Roll Call Votes 

§ 18. Teller Votes With Clerks 

§ 19. Pairing 

F. VOTING PERIODS; TIME LIMITATIONS

§ 20. In General; 15-minute Votes 

§ 21. Five-Minute Votes in the House; ‘‘15-and-5’’ Votes 

§ 22. Postponed and Clustered Votes in Committee of the Whole 

920 

§ 1 HOUSE PRACTICE

§ 23. Postponed and Clustered Votes in the House 

G. VOTE CHANGES, CORRECTIONS, AND ANNOUNCEMENTS

§ 24. In General; Vote Changes 

§ 25. Correcting the Congressional Record and the Journal 

§ 26. Recapitulations 

§ 27. Personal Explanations 

H. MAJORITY VOTES; SUPER-MAJORITY VOTES

§ 28. In General; Tie Votes 

Research References 

U.S. Const. art. I §§ 5, 7 

5 Hinds §§ 5925-6105 

8 Cannon §§ 3065-3162 

Deschler-Brown Ch 30 

Manual §§ 75-80, 630, 631, 1012-1034 

A. Generally 

§ 1. In General; Kinds of Votes 

Generally 

The rules of the House identify four methods of voting that are in regular use in the full House: 

0 Voice votes under clause 6 of rule I in which Members express their voting 

preference simply by calling out ‘‘aye’’ or ‘‘no’’ in unison. 

0 Division votes under clause 1(a) of rule XX in which Members stand to 

be counted as either for or against a proposition. 

0 Yea-and-nay votes, which require the support of one-fifth of the Members 

present under article I, section 5 of the Constitution or which are ordered 

automatically when a Member objects to a pending vote on the ground 

that a quorum is not present under clause 6 of rule XX. Yea-and-nay 

votes usually are taken by electronic device. 

0 Recorded votes under clause 1(b) of rule XX, which require the support 

of one-fifth of a quorum (44 when a quorum is 218). A recorded vote 

is considered to be a vote by the yeas and nays when taken in the House. 

When the House is operating in the Committee of the Whole, all of 

these commonly used methods of voting are available except for the yeas 

and nays, which is a vote used only in the House. Under clause 6(e) of rule 

XVIII, a recorded vote may be ordered in the Committee of the Whole 

921 

CHAPTER 58—VOTING § 2 

when the demand is supported by at least 25 Members. The automatic vote 

by the yeas and nays, when a vote is objected to on the grounds that a 

quorum is not present, is not available in the Committee of the Whole. 

Sometimes these voting methods are used in various combinations, one 

after the other, depending on the circumstances. In the usual case, the Chair 

first puts a question to a vote by voice under clause 6 of rule I. A record 

vote may then be demanded. 

Less frequently used, but still available under rule XX, are the following: (1) roll call votes, in which each Member’s response is given orally 

as the Clerk calls the roll in alphabetical order (clause 3 of rule XX); and 

(2) votes by tellers with clerks, in which each Member fills out and signs 

a vote tally card and submits it to a designated teller (clause 4 of rule XX). 

Clause 10 of rule XX requires that the question on final passage of general appropriation bills, budget resolutions, or bills increasing certain Federal 

income tax rates, or conference reports thereon, be taken by the yeas and 

nays. Article I, section 7 of the Constitution requires that the question of 

passing a bill over the veto of the President also must be by the yeas and 

nays. Under clause 12 of rule XXII, the vote to authorize a closed conference committee meeting also is required to be taken by the yeas and 

nays. 

All votes are in order only when the Chair puts the question. Unauthorized votes, as where a Member asks for a ‘‘straw’’ vote or a ‘‘show of 

hands’’ are not in order. Deschler-Brown Ch 30 § 2.3. 

For a discussion of voting in committees, see COMMITTEES. 

Voting by Ballot in Elections 

Voting on an election in the House by ballot, although authorized by 

clause 11 of rule XX, is largely obsolete. Manual § 1034. There has been 

no instance of voting by ballot under this rule since 1868, when the managers of an impeachment proceeding were elected by ballot. 3 Hinds § 2417. 

§ 2. The Electronic Voting System 

In General 

The electronic voting system was installed in the House Chamber in 

1972 pursuant to the Legislative Reorganization Act of 1970 and adopted 

as a voting method by amendments to rule XX. Manual § 1012. The new 

system replaced the lengthy call of the roll and votes by cards with the 

clerks. Instead, votes are conducted by a computerized device that simultaneously receives and records votes cast by Members during the voting period. A master computer processes voting information for immediate and 

922 

§ 2 HOUSE PRACTICE

subsequent retrieval. Members may still vote by card with the clerks in the 

well, who enter the information into the computer system. 

Verification of Vote; Changing Votes 

Forty-six electronic voting stations are available in the Chamber. After 

using one of them, a Member may verify that the vote has been properly 

recorded by reinserting the voting card in an alternate voting station. Illumination of the button corresponding to the last vote preference will indicate 

that the vote has been recorded by the system. If the voting system fails, 

the Chair may allow Members additional time to check the electronic display panel to verify whether their votes were properly recorded. 103-1, Sept. 

29, 1993, p 23030. 

A Member may change a vote by depressing one of the other buttons. 

Changes may be made at any time during a five-minute vote, or during the 

first 10 minutes of a 15-minute vote. With less than five minutes remaining 

during a 15-minute vote, changes must be made in the well. Changes may 

also be made in the well after the voting stations have been closed but before the Chair’s announcement of the result. Manual § 1014. For a discussion of vote changes generally, see § 25, infra. 

Effect of Malfunction 

Clause 2(b) of rule XX authorizes the Chair to conduct record votes and 

quorum calls under the alternate procedures prescribed in rule XX when the 

electronic voting system malfunctions. For example, the Chair may vacate 

the results of an electronic vote in progress when the system malfunctions 

and direct that the record vote be conducted by call of the roll under clause 

3 of rule XX. Manual § 1014a. The Chair may also announce that Members 

who have been recorded before the malfunction of the electronic device will 

be included in the new tally of those voting. Deschler-Brown Ch 30 § 31.15. 

When the system again becomes operative, its use resumes at the Chair’s 

discretion. Deschler-Brown Ch 30 § 31.11. 

The question whether the electronic voting system is functioning reliably is in the discretion of the Chair, who may base a judgment on certification by the Clerk. For example, the Speaker continued to use the electronic system, even though the electronic display panel was temporarily inoperative, where the voting stations continued in operation and Members 

were able to verify their votes. On the other hand, the Chair vacated the 

results of an electronic vote and directed that the record vote be taken by 

call of the roll where the electronic display panel malfunctioned, and the 

Chair could not obtain verification from the Clerk that the vote would be 

recorded with 100 percent accuracy. Manual § 1014a. A malfunction of the 

923 

CHAPTER 58—VOTING § 4 

monitor at the majority or minority table will not prevent use of the electronic system where an alternate monitor may be used. 93-2, Aug. 7, 1974, 

p 27219. 

§ 3. Prohibitions Against Voting by Proxy or for Absent Members 

Whether in the House or the Committee of the Whole, Members must 

vote in person. Manual § 674; 7 Cannon § 1014. No one other than a Member may cast a vote or record a Member’s presence. A Member may not 

cast a vote on behalf of another Member, and an authorization to that end 

is forbidden by clause 2 of rule III. 

The use of an electronic voting card belonging to a Member who is in 

absentia—sometimes referred to as ‘‘ghost voting’’—is considered a serious 

breach of ethics. A Member’s participation in such activity, either by direction or by subsequent acquiescence or ratification, is a matter warranting 

sanction by the House. The House has reprimanded a Member for failing 

to prevent unauthorized use of a voting card. Deschler-Brown Ch 30 § 3.16. 

B. Role of the Chair; Duties 

§ 4. In General; Putting the Question 

An essential step in bringing a pending proposition to a vote occurs 

when the Speaker or Chair states and then puts the question as prescribed 

by clause 6 of rule I. Manual § 630. It is a breach of order for the Speaker 

to refuse to put a question that is in order. Manual § 304. 

A question may be put to a vote only by the Chair. It is not in order 

for a Member having the floor to usurp the role of the Chair in this regard, 

as by asking for a demonstration of support, such as a ‘‘straw vote’’ before 

the question is put. Manual § 630; Deschler-Brown Ch 30 § 2.3. The proposition as stated by the Chair in putting the question, and not as stated by 

the sponsoring Member, is the proposition voted upon. 6 Cannon § 247. 

Putting the question on engrossment and third reading before passage 

of a bill or joint resolution is required by clause 8 of rule XVI. However, 

where a statute requires the vote to occur on final passage immediately following the conclusion of general debate, the Speaker puts the question on 

final passage without putting the question on ordering the previous question 

or on engrossment and third reading. 99-1, Apr. 23, 1985, p 9085. 

924 

§ 5 HOUSE PRACTICE

§ 5. Voting by the Chair 

Right to Vote 

The Speaker has the same right to vote as other Members, and the 

Speaker has exercised this right even in contravention of early House rules 

attempting to limit the Speaker’s voting authority. Manual § 631; 5 Hinds 

§§ 5964, 5966. The Speaker may vote ‘‘aye’’ or ‘‘no’’ at any time before 

the final announcement of the vote. Deschler-Brown Ch 30 § 21.2. On an 

electronic vote, the Speaker may direct the Clerk to record the Speaker’s 

vote and verifies that instruction by submitting a vote card. Manual § 631. 

On roll call votes, the Speaker’s name is not called except at the Speaker’s 

request, and then at the end of the roll. Manual § 631. Members, other than 

the Speaker, who are occupying the Chair vote by submitting a voting card 

to the Clerk, who then enters the vote. 

In the early history of the House, Speakers exercised the right to vote 

sparingly. 5 Hinds § 5964 (note). In more recent Congresses, it has become 

more common for Speakers to vote, especially on important legislation. 

Duty to Vote 

Under clause 7 of rule I, the Speaker is not required to vote ‘‘except 

when such vote would be decisive... .’’ Manual § 631. The Speaker may 

vote to cause a tie and thus defeat a measure or to break a tie and thus 

pass or adopt a measure. 8 Cannon § 3100; Deschler Ch 6 § 5. 

§ 6. Chair’s Responsibility as to the Count 

One of the responsibilities of the Speaker is to count the number of 

Members rising in support of, or against, a pending proposition, as where 

a vote is taken by division. One of the suppositions on which parliamentary 

law is founded is that the Speaker will not betray the duty to make an honest count of the vote. 5 Hinds § 6002. The integrity of the Chair in counting 

a vote is not subject to a direct challenge. Manual § 629; 8 Cannon § 3115. 

Appeals may not be taken from the Chair’s count of the number rising to 

demand a vote. 8 Cannon § 3105; Deschler-Brown Ch 30 § 33.5. An appeal 

also will not lie from a count of those supporting the demand for the yeas 

and nays (Deschler-Brown Ch 30 § 26.8) or from a decision refusing recapitulation of a vote (8 Cannon § 3128). The remedy of a Member dissatisfied with the Speaker’s count of Members rising, as on a division vote, is 

to demand a record vote. 8 Cannon §§ 3115-3118. 

925 

CHAPTER 58—VOTING § 8 

C. Rights and Duties of Members 

§ 7. In General; Duty to Vote 

The casting of a vote (or the refusal to cast a vote) is the responsibility 

of the individual Member. Although clause 1 of rule III states that Members 

‘‘shall vote on each question put... ’’, in practice the House does not 

enforce this provision. Manual § 671. The Speaker has no power to compel 

a Member to vote. 5 Hinds § 5942. House actions to compel a Member to 

cast a vote have been uniformly unsuccessful. 5 Hinds §§ 5943-5948. By the 

same token, the House does not excuse a Member from voting other than 

by granting ‘‘leaves of absence’’ under clause 1 of rule III. A unanimousconsent request in the Committee of the Whole to excuse a Member from 

voting will not be entertained. Deschler-Brown Ch 30 § 3.3. 

§ 8. Disqualification to Vote 

Generally; Conviction of Crime 

The precedents suggest that the House has no authority to deprive a 

Member of the inherent right to vote. Manual § 672; 5 Hinds §§ 5952, 5966, 

5967; 8 Cannon § 3072. 

Clause 10 of rule XXIII, part of the Code of Official Conduct, provides 

that a Member who is convicted of a crime for which a prison sentence of 

two or more years could be imposed ‘‘should’’ refrain from voting in the 

House or the Committee of the Whole until reinstatement of the presumption of innocence or until such Member is reelected to the House. Manual 

§ 1095. The term ‘‘conviction’’ in clause 10 is construed to include a plea 

of guilty or a certified finding of guilt even though sentencing may occur 

later. H. Rept. 94-76. 

Personal or Pecuniary Interest 

Clause 1 of rule III provides that a Member is not required to vote 

where such Member has a ‘‘direct personal or pecuniary’’ interest in the 

question. Manual § 671. In rare instances the Speaker has ruled that a Member, because of such Member’s personal interest in the outcome, should not 

vote. 5 Hinds §§ 5955, 5958. However, ordinarily the Member—and not the 

Chair—determines this question. 5 Hinds §§ 5950, 5951; 8 Cannon § 3071; 

Deschler-Brown Ch 30 § 3.1. The Speaker will not sustain a point of order 

challenging the personal or pecuniary interest of Members in a pending 

question, and will defer to the judgment of each Member as to the directness 

of the interest. Manual § 672. 

926 

§ 9 HOUSE PRACTICE

Members may abstain from voting on a measure because of a personal 

or pecuniary interest in the measure being considered and thus announce an 

intention to be recorded as ‘‘present’’ on the issue. Deschler-Brown Ch 30 

§§ 3.5, 3.7. 

Where the subject of a vote before the House affects an entire class, 

the personal interest of Members who belong to the class is not such as to 

disqualify them from voting. 5 Hinds § 5952. In one instance, for example, 

during consideration of a bill providing financial assistance to States and political subdivisions, the Speaker indicated that the bill was sufficiently general in scope that Members holding municipal bonds or who had other financial interests dependent on the fiscal affairs of a particular city would 

merely be within a class of similarly situated individuals whose pecuniary 

interest would not be so direct as to preclude them from voting on the bill. 

Deschler-Brown Ch 30 § 3.10. 

D. Nonrecord Votes 

§ 9. In General; Voice Votes 

Votes not of record are those for which no official public record is required of the names or votes of the participating Members. There are two 

types of nonrecord votes. The first is a voice vote under clause 6 of rule 

I. The second is a vote by division under clause 1(a) of rule XX. § 10, infra. 

Authority for demanding a vote by tellers was eliminated from the rules in 

the 103d Congress. § 11, infra. 

Voice votes are the simplest and most commonly used of all voting procedures. Such votes are based on the volume of sound produced by Members as they respond either ‘‘aye’’ or ‘‘no’’ to the question put by the Chair. 

Manual § 630; 5 Hinds § 5926. If the Chair is in doubt about the result, or 

if any Member requests it, a division vote is in order. Manual § 1012. In 

a division vote, those in favor and then those opposed are asked to stand 

and be counted. § 10, infra. 

In most situations, the Speaker must put the pending question to a voice 

vote under clause 6 of rule I before entertaining a demand for a recorded 

vote or the yeas and nays. Deschler-Brown Ch 30 § 7.1. 

§ 10. Voting by Division 

Generally; Form 

A demand for a division (standing) vote is in order following the taking 

of a voice vote, although this method of voting is rarely used in modern 

927 

CHAPTER 58—VOTING § 10 

practice. Deschler-Brown Ch 30 § 17.1. Under clause 1 of rule XX, after 

a voice vote, if the Speaker is in doubt or a division is demanded, ‘‘[t]he 

House shall divide.... Those in favor of the question shall first rise 

from their seats to be counted, and then those opposed.’’ Manual § 1012. 

Only one demand for a vote by division on a pending question is in order. 

Deschler-Brown Ch 30 § 11.9. 

MEMBER: Ml. Speaker, I demand a division. 

CHAIR: A division is demanded. As many as are in favor will rise and 

stand until counted. . . . 

The ayes will be seated and the noes will stand. 

Timeliness 

A demand for a division comes too late when the Member making it 

was not seeking recognition at the time the Chair announced the result of 

the voice vote. Deschler-Brown Ch 30 § 9.9. However, the mere announcement of a voice vote does not preclude a demand for a division provided 

that no intervening business has transpired and the proponent of a division 

was seeking recognition at the time of the announcement. Deschler-Brown 

Ch 30 § 9.5. 

Precedence of Demand for Recorded Vote or Yea-and-Nay Vote 

A demand for the yeas and nays in the House under article I, section 

5 of the Constitution takes precedence over a demand for a division. Deschler-Brown Ch 30 § 14.1. 

A demand for the yeas and nays may be made before or after a division 

vote, or even while a division vote is being announced. 5 Hinds § 6039. 

However, the demand may not interrupt a division while the Chair is counting. Manual § 1012; Deschler-Brown Ch 30 § 10.3. A demand for a division 

vote is not precluded by the fact that the yeas and nays have been refused. 

8 Cannon § 3103. 

When the Chair has put the question and is in doubt as to the result, 

the Chair has the discretion under clause 1(a) of rule XX to conduct a vote 

by division before entertaining a demand for a record vote. Deschler-Brown 

Ch 30 § 9.2. The Chair may also entertain a demand for a record vote without first conducting a division. Deschler-Brown Ch 30 § 9.3. However, the 

Chair’s count cannot be interrupted by a demand for a record vote. Deschler-Brown Ch 30 § 10.4. 

Interruptions During the Count 

The Chair generally declines to recognize Members while counting 

those standing on a division vote. Parliamentary inquiries are entertained before (not after) the Chair asks those in favor of the proposition to rise. 

928 

§ 11 HOUSE PRACTICE

Deschler-Brown Ch 30 § 10.2. Under clause 7 of rule XXII, a conference 

report may not be presented while the House is dividing. Manual § 1077. 

Messages are not received during a division. Manual § 562. 

Because a vote by division takes no cognizance of Members present but 

not voting, the number of votes counted by division does not necessarily 

establish a lack of a quorum. Manual § 1012. Accordingly, the Chair may 

interrupt the count of Members standing in favor of a proposition in order 

to count for a quorum pursuant to a point of order that a quorum is not 

present. Manual § 1012. 

§ 11. Teller Votes 

Under the earlier practice of the House, a Member could demand a teller vote if supported by a sufficient number of Members. 5 Hinds § 5986. 

However, teller votes are almost never used in modern practice, as the rule 

authorizing a demanded teller vote was abolished in 1993. Manual § 1013. 

While used infrequently, under clause 4 of rule XX, the Speaker may direct 

a vote by tellers. For an explanation of the method of taking teller votes, 

see Deschler-Brown Ch 30 § 16. For a discussion of teller votes and the 

Speaker’s discretion, see § 18, infra. 

E. Votes of Record 

§ 12. Yea-and-Nay Votes; Recorded Votes 

Yea-and-Nay Votes Distinguished 

There are two primary methods of taking a vote of record in the House 

of Representatives. Voting by the yeas and nays under article I, section 5 

of the Constitution is the preeminent method of voting and its initiation is 

to be distinguished from the recorded vote available under separate House 

rules. Clause 6 of rule XX also orders the yeas and nays in the absence 

of a quorum whenever a vote is objected to for lack of a quorum. Manual 

§ 1025. Yea-and-nay votes are not in order in the Committee of the Whole. 

4 Hinds § 4722. Recorded votes, on the other hand, are available in both 

the House (clause 1(b) of rule XX) and the Committee of the Whole (clause 

6(e) of rule XVIII). 

Yea-and-nay votes require the support of one-fifth of those present. 

§ 14, infra. On the other hand, a recorded vote in the House requires the 

support of one-fifth of a quorum (44 when a quorum is 218). DeschlerBrown Ch 30 § 34.1. A request for a recorded vote in the Committee of 

the Whole must be supported by 25 Members under clause 6(e) of rule 

929 

CHAPTER 58—VOTING § 12 

XVIII. It is the Chair’s statement of the demand, and not the Member’s request, that controls whether one-fifth of those present or one-fifth of a 

quorum is required to support the demand. Deschler-Brown Ch 30 § 2.2. 

Demanding a Recorded Vote 

Under the rules, a recorded vote is in order in the House or in the Committee of the Whole after the question has been put to a voice vote: 

CHAIR: The question is on the amendment offered by the gentlelll 

from lllll. [voice vote] 

MEMBER: Ml. Speaker [or Ml. Chair], I demand a recorded vote. 

CHAIR: The gentlelll asks for a recorded vote. As many as are in 

favor of taking this vote by a recorded vote will stand and remain standing until counted. 

A demand for a recorded vote in the House under clause 1 of rule XX 

must be supported by one-fifth of a quorum (usually 44 Members). Deschler-Brown Ch 30 § 34.1. The demand must be supported by 25 Members 

in the Committee of the Whole under clause 6(e) of rule XVIII. The count 

of Members standing to support a demand for a recorded vote is not subject 

to challenge by appeal. Deschler-Brown Ch 30 § 33.5. 

In the House, a request for a recorded vote must yield to the constitutional prerogative of a Member to demand the yeas and nays. § 14, infra. 

However, a request for a recorded vote may be made following a demand 

for the yeas and nays, if that demand is withdrawn or does not receive the 

required support. Deschler-Brown Ch 30 §§ 33.2, 33.3. Even the Member 

who has withdrawn a demand for the yeas and nays may request a recorded 

vote under clause 1(b) of rule XX. Deschler-Brown Ch 30 § 33.4. Where 

one-fifth of the Members present have refused to order the yeas and nays 

on a motion, and that motion later becomes the unfinished business of the 

House, a Member may still demand a recorded vote on the motion but may 

not renew a demand for the yeas and nays. Deschler-Brown Ch 30 § 55.5. 

Timeliness of Demand for Recorded Vote; Interruptions 

A request for a recorded vote is in order only after the Chair has put 

the question to a voice vote. Deschler-Brown Ch 30 § 7.1. It cannot interrupt 

a voice vote or a vote by division that is in progress. Manual § 1012; Deschler-Brown Ch 30 § 7.1. The demand is not timely if the Member making 

it is not seeking recognition at the time that the result of the vote is announced by the Chair. Deschler-Brown Ch 30 § 33.18. However, a Member’s demand for a recorded vote may be made after the Chair announces 

the result of a division vote if no other business has intervened. DeschlerBrown Ch 30 § 9.5. 

930 

§ 12 HOUSE PRACTICE

A demand for a recorded vote on an amendment comes too late after 

the amendment has been voted on and disposed of and the Chair has inquired as to the purpose of another Member seeking recognition. DeschlerBrown Ch 30 §§ 24.6, 33.17. However, a mere inquiry relating to a pending 

motion, raised after the Chair has announced the result of a voice vote, does 

not constitute such intervening business as to preclude the right of a Member to demand a recorded vote on the pending motion. Manual § 1012. If 

the demand comes too late, it is within the province of the Chair to recognize for a unanimous-consent request to vacate proceedings and thereby set 

the stage for putting the question a second time so a recorded vote can be 

demanded. Deschler-Brown Ch 30 § 33.18. 

Repetition or Renewal of Demand 

Only one request for a recorded vote on a pending question is in order. 

Manual § 1012. Thus, a request for a recorded vote on a pending question 

having been refused, a second request is not in order following a division 

vote on that question. Deschler-Brown Ch 30 § 33.7. 

A similar rule is followed in the Committee of the Whole. Where the 

Committee has refused a request for a recorded vote, the request may be 

renewed only by unanimous consent. Deschler-Brown Ch 30 § 33.9. This is 

true even where the absence of a quorum is disclosed immediately following 

the Chair’s announcement of the refusal or where a quorum call has intervened. Deschler-Brown Ch 30 §§ 33.10, 33.11. However, the request remains pending where the Chair had interrupted the count of Members standing in support of the demand in order to count for a quorum. 97-2, Aug. 

5, 1982, p 19658. For a request to be once denied, the Chair must have 

finalized the count. In one instance, the chair of the Committee of the 

Whole, having announced that an insufficient number of Members had arisen in support of a request for a recorded vote on an amendment (but having 

hedged that announcement with the word ‘‘apparently’’ and having refrained 

from stating the conclusion that the recorded vote was refused), nevertheless 

entertained a point of no quorum, tacitly treating the request for a recorded 

vote as not yet finalized. 107-1, Oct. 11, 2001, p 19385. 

Withdrawal of Demand 

A demand for a recorded vote may be withdrawn without unanimous 

consent before the Chair finalizes the count. Deschler-Brown Ch 30 

§§ 33.20, 33.21. 

931 

CHAPTER 58—VOTING § 13 

Postponement of Vote 

For a discussion of the Chair’s authority to postpone votes in the House 

and in the Committee of the Whole, see §§ 22, 23, infra. 

§ 13. Ordering the Yeas and Nays 

In General; When Required 

The yeas and nays usually are in order only after they are demanded 

by a Member and the demand is supported by a sufficient number of Members. § 14, infra. However, in some cases the yeas and nays are required 

by law or by House rule. Under article I, section 7 of the Constitution, a 

vote by the yeas and nays is required to pass a bill over the President’s veto. 

4 Hinds § 3520; 7 Cannon § 1110; see also VETO OF BILLS. 

The yeas and nays are to be ‘‘considered as ordered’’ when the question is put on certain measures such as a bill providing general appropriations or certain income tax rate increases or a concurrent resolution on the 

budget. Clause 10 of rule XX. The yeas and nays are automatically ordered 

under the House rules when a vote has been objected to for lack of a 

quorum, thereby precipitating a simultaneous quorum call. § 16, infra. A 

vote by the yeas and nays is required to authorize a closed conference committee meeting under clause 12 of rule XXII. Manual § 1093. Such a vote 

also may be required by statute. See, e.g., 50 USC § 1545 (War Powers Resolution); 50 USC § 1622 (termination of national emergency). 

Effect of Ordering 

The ordering of the yeas and nays ordinarily brings the pending proposition to a vote but does not necessarily preclude all other business. A motion to adjourn may be admitted after the yeas and nays are ordered and 

before the vote has begun. 5 Hinds § 5366. Consideration of a conference 

report or a motion to reconsider the vote by which the yeas and nays have 

been ordered also has been permitted to intervene. Manual § 80; 5 Hinds 

§ 6029; 8 Cannon § 2790. 

Effect of Adjournment 

An order for the yeas and nays remains in effect during an adjournment 

and is taken up whenever the bill again comes before the House. 8 Cannon 

§ 3108. However, should a quorum fail to vote and the House adjourn, the 

question recurs de novo when the bill again comes before the House. Deschler Ch 20 §§ 8.2, 10.17. 

932 

§ 14 HOUSE PRACTICE

§ 14. Demanding the Yeas and Nays 

In General 

A demand for the yeas and nays is in order after the question has been 

put. Deschler-Brown Ch 30 § 7.1. However, a vote by the yeas and nays 

is taken only if a sufficient number of Members rise in support of the demand. Under article I, section 5 of the Constitution, the demand must be 

supported by one-fifth of the Members present. Manual §§ 75, 77. 

MEMBER: Ml. Speaker, I demand the yeas and nays. 

SPEAKER: The yeas and nays are requested. As many as are in favor 

of taking this vote by yeas and nays will rise and remain standing until 

counted. 

A sufficient number having arisen, the yeas and nays are ordered. [Or] 

An insufficient number having arisen, the yeas and nays are refused. 

It is well established that a quorum is not necessary to the ordering of 

the yeas and nays. Manual § 76; 5 Hinds §§ 6016-6028. In ascertaining 

whether one-fifth of those present support a demand for the yeas and nays, 

the Speaker counts the entire number present as well as those who rise in 

favor of the demand. 8 Cannon §§ 3111, 3120. A request for a rising of 

those opposed to the demand is not in order. 8 Cannon §§ 3112-3114. The 

Chair ordinarily first counts those supporting the demand and then counts 

the House. Latecomers in support of the demand are included in the count 

until it is closed by the Chair. Manual § 78. The Speaker’s count of the 

House on this question is not subject to appeal. Manual § 78. 

When in Order 

The Speaker must put the question before a demand for the yeas and 

nays is in order. Manual § 76. The demand is in order after the Speaker has 

put the question to a voice vote, is announcing the result of a division, and 

even after the announcement of such a vote if the House has not passed 

on to other business. 5 Hinds §§ 6039-6041. However, a demand for the 

yeas and nays comes too late after the Speaker has put the question on a 

motion and announced the result and the House has proceeded to other business. Deschler-Brown Ch 30 § 24.6. It is likewise untimely where the Chair 

has put a question to a voice vote, announced the result, and by unanimous 

consent laid the motion to reconsider on the table, where the Member was 

not seeking recognition when the question was put. Deschler-Brown Ch 29 

§ 8.25. 

933 

CHAPTER 58—VOTING § 15 

Precedence of Demand 

Being of constitutional origin, a demand for the yeas and nays in the 

House takes precedence over a demand for a recorded vote. Deschler-Brown 

Ch 30 § 33.2. A demand for the yeas and nays likewise takes precedence 

over a demand for a division vote. Deschler-Brown Ch 30 § 14.1. 

Demands as Dilatory; Repetition of Demand 

The constitutional provision authorizing a demand for the yeas and nays 

is liberally construed. 8 Cannon § 3110. The demand may be made by any 

Member and cannot be denied merely on the ground that it is dilatory. 5 

Hinds § 5737; 8 Cannon § 3107. However, the yeas and nays having been 

refused once may not be demanded again on the same question. 5 Hinds 

§ 6029. It is not in order during the various processes of a division vote to 

repeat a demand for the yeas and nays that has been rejected. 5 Hinds 

§ 6030. 

Withdrawal 

When the demand for the yeas and nays has been supported by onefifth of the Members present, it is too late for the Member making the demand to withdraw it except by unanimous consent. Deschler-Brown Ch 30 

§ 24.8. 

§ 15. Voting by the Yeas and Nays 

In General 

Under the earlier practice, yea-and-nay votes were cast in response to 

the Clerk’s call of the roll of Members in alphabetical order. Today, yeaand-nay votes almost invariably are cast by use of the electronic voting system. However, the Speaker has the discretion under clause 3 of rule XX 

to have the Clerk call the roll for the yeas and nays. Manual § 1015. The 

Speaker may also direct the Clerk to call the roll, in lieu of taking the vote 

by electronic device, when the voting system is temporarily inoperative. 

Deschler-Brown Ch 30 §§ 31.8-31.10. 

Reconsideration 

A motion to reconsider a vote ordering the yeas and nays or refusing 

the yeas and nays is in order. Manual § 79; 5 Hinds §§ 5692, 6029; 8 Cannon § 2790. A yea-and-nay vote itself is likewise subject to reconsideration. 

If the House (by a majority vote) agrees to reconsider, the yeas and nays 

again may be ordered by one-fifth of those present. 5 Hinds §§ 5689-5691. 

However, if the House, having reconsidered, again orders the yeas and nays, 

a second motion to reconsider is not in order. 5 Hinds § 6037. 

934 

§ 16 HOUSE PRACTICE

Disclosure of Member’s Vote 

A Member’s vote, whether ‘‘yea,’’ ‘‘nay,’’ or ‘‘present,’’ appears in the 

Congressional Record and, as required by article I, section 5 of the Constitution, in the House Journal. Manual § 75. However, there is no requirement that a Member’s vote be announced publicly during the vote. Manual 

§ 76. 

§ 16. Automatic Yea-and-Nay Votes 

Any nonrecord vote in the House may be objected to for lack of a 

quorum under clause 6 of rule XX, thereby precipitating, in the absence of 

a quorum, a quorum call and a simultaneous automatic ordering of the yeas 

and nays. 6 Cannon § 697; Deschler-Brown Ch 30 § 23. Clause 6 provides 

that ‘‘[w]hen a quorum fails to vote on a question, a quorum is not present, 

and objection is made for that cause.... there shall be a call of the 

House . . . . and the yeas and nays.... shall at the same time be considered as ordered.’’ Manual § 1025. An automatic call under this rule is 

not in order in Committee of the Whole. Manual § 1026. 

The Speaker may direct that an automatic vote in the House be taken 

by electronic device. The Speaker also has the discretion to direct the Clerk 

to call the roll. Deschler-Brown Ch 30 § 31.9. 

Procedures under clause 6 of rule XX when a quorum fails to vote are 

applicable regardless of the method of voting, but do not apply when the 

House is voting on a question that does not require a quorum, such as a 

motion incidental to a call of the House. 4 Hinds §§ 2994, 3053; 6 Cannon 

§§ 681, 691, 697, 703. Although a quorum is not required to adjourn, a point 

of no quorum on a negative vote on adjournment, if sustained, precipitates 

a call of the House under the rule. 6 Cannon § 700; Deschler-Brown Ch 30 

§ 11.4. 

For a further discussion of quorums and voting, see QUORUMS. 

§ 17. Roll Call Votes 

In General 

Because of the availability of the electronic voting system, roll call 

votes are rarely taken under the modern practice. Today roll call votes ordinarily are taken only during the process of electing a Speaker—where the 

Members respond by surname—or in the event of a malfunction of the electronic voting system. Manual § 27; Deschler-Brown Ch 30 § 31.15. Nevertheless, the Speaker has broad discretionary power to invoke a roll call vote, 

in lieu of taking the vote by electronic device, even where a quorum fails 

935 

CHAPTER 58—VOTING § 18 

to vote on any question and objection is made for that reason. Manual 

§ 1014; Deschler Ch 20 § 4.2. 

The Clerk calls the roll of Members in alphabetical order by surname. 

5 Hinds § 6046. The Speaker’s name may be called at the close of the roll 

at the direction of the Speaker. 5 Hinds § 5965. The roll is called twice— 

the second roll call being limited to those Members who failed to respond 

to the first call. 4 Hinds § 3052. A Member may cast a vote even after such 

Member’s name has been called, provided the result of the vote has not 

been announced. Manual § 1015. 

Interruptions 

A motion to adjourn may be offered before the roll call begins. 4 Hinds 

§ 3050. Under clause 6(c) of rule XX, after Members have had the requisite 

opportunity to respond by the yeas and nays but before a result has been 

announced, a motion that the House adjourn is in order if seconded by a 

majority of those present (to be ascertained by actual count by the Speaker). 

If the House adjourns pursuant to such a motion, the yeas and nays are vacated. 

A roll call may be interrupted for the reception of messages and by the 

arrival of the hour fixed for adjournment sine die. Manual § 1018; 5 Hinds 

§§ 6715-6718. However, a roll call, once under way, may not be interrupted 

by: 

0 A motion to adjourn (except as provided in clause 6(c) of rule XX). 5 

Hinds § 6053. 

0 A parliamentary inquiry, unless related to the vote. 5 Hinds §§ 6054, 6058; 

8 Cannon § 3132. 

0 A question of personal privilege. 5 Hinds § 6058; 6 Cannon §§ 554, 564. 

0 The arrival of the hour fixed for another order of business. 5 Hinds § 6056. 

0 The arrival of the hour fixed for a recess. 5 Hinds §§ 6054, 6055; 8 Cannon 

§ 3133. 

0 The presentation of a conference report. 5 Hinds § 6443. 

§ 18. Teller Votes With Clerks 

‘‘Tellers with clerks’’ refers to a voting method adopted in 1971 to 

make it possible to record the votes of individual Members in the Committee of the Whole. Clause 4 of rule XX; Manual § 1019. Under this rarely 

used voting practice, the Chair has the discretion to order the Clerk to 

‘‘record the names of those Members voting on each side of the 

question . . . . ’’ Each Member is given a tally card on which to enter a 

voting preference and a signature. The Members then deposit these cards in 

ballot boxes located in the Chamber, with the ‘‘aye’’ boxes located up the 

936 

§ 19 HOUSE PRACTICE

aisle at the rear of the Chamber at the Chair’s left and the ‘‘no’’ boxes located up the aisle at the Chair’s right. 

Tellers with clerks as a voting method fell into disuse in 1972 with the 

adoption of the more efficient electronic voting system. See § 2, supra. Tellers with clerks remains as a backup procedure to be used in the event of 

malfunction of the electronic system or in the event the Clerk is unable to 

call the roll. Manual § 1019. 

§ 19. Pairing 

General Pairs; Specific Pairs 

The practice of announcing general pairs was deleted from the rules in 

the 106th Congress. For a history of the former rule, see Manual § 1031. 

‘‘Live’’ Pairs 

Although rarely used, the announcement of live pairs, which involve an 

agreement between one Member who is present and voting and another on 

the opposite side of the question, who is absent, is still permitted under 

clause 3 of rule XX. Manual § 1015. By agreement, the voting Member 

withdraws the previous vote and instead votes ‘‘present’’ by submitting an 

amber ‘‘present’’ card. Deschler-Brown Ch 30 § 4. 

MEMBER: Ml. Speaker, on the vote just recorded I voted ‘‘aye’’ (or 

‘‘no’’). I have a pair with the gentlelll from lllll and desire 

to change my vote and be recorded as ‘‘Present.’’ 

CHAIR: The Clerk will call the gentlelll’s name. 

Such announcements must be made before the vote is finally declared. 

Deschler-Brown Ch 30 § 4.11. 

F. Voting Periods; Time Limitations 

§ 20. In General; 15-minute Votes 

15-minute Votes 

Under clause 2(a) of rule XX and clause 6(g) of rule XVIII, Members 

have a minimum of 15 minutes from the time of the ordering of a record 

vote in the House or in the Committee of the Whole. The Chair has the 

discretion to close the vote and to announce the result at any time after 15 

minutes have elapsed or to allow additional time for Members to record 

their votes before announcing the result. Manual § 1014. Thus, no point of 

order lies against the decision of the Chair to close a vote taken by elecVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00946 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
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CHAPTER 58—VOTING § 20 

tronic device after 15 minutes have elapsed, such decision being within the 

Chair’s sole discretion. Manual § 1014. 

At the beginning of a new Congress, the Speaker has inserted in the 

Congressional Record an announcement that, in order to expedite the conduct of votes by electronic device, the cloakrooms were directed not to forward to the Chair individual requests to hold a vote open. The Speaker has 

also announced that each occupant of the Chair would have the Speaker’s 

full support in striving to close each electronic vote at the earliest opportunity and that Members should not rely on signals relayed from outside the 

Chamber to assume that votes will be held open until they arrive. At the 

same time, the Chair will not close a vote while a Member is in the well 

attempting to vote. Manual § 1014. Where the Chair has prematurely attempted to close a vote while voting cards submitted in the well were still 

being tabulated, the Chair has allowed such tabulation to continue before announcing the final outcome of the vote. 110-1, Aug. 2, 2007, p 22545. 

It is not in order, even by unanimous consent, to permit a Member to 

have a vote recorded after the announcement of the result, even though the 

Member claims to have been in the Chamber before the announcement. 

Deschler-Brown Ch 30 §§ 36.2, 36.4. However, Members may, by unanimous consent, announce how they would have voted if permitted. See §§ 25- 

27, infra. 

Voting Alerts; Bell and Light System 

A legislative call system alerts Members to the taking of a vote as well 

as to the kind of vote and to the duration of the voting period. This system 

uses bells and lights that are activated through clocks located throughout the 

House and its adjacent office buildings. Manual § 1016. A mechanical malfunction of this call system does not result in the retaking of a vote except 

by unanimous consent. 8 Cannon §§ 3153, 3154. Such failure does not permit a Member to be recorded following the conclusion of the call. Manual 

§ 1016. In one instance, the Committee of the Whole agreed by unanimous 

consent to vacate a recorded vote on an amendment, permitting a new recorded vote to be taken, where it was alleged that erroneous clocks outside 

the Chamber and on the televised proceedings had misled Members as to 

the amount of time available. 98-1, May 3, 1983, p 10773. 

938 

§ 20 HOUSE PRACTICE

The system, comprising bells and lights, is used as follows: 

0 Recorded vote, yeas and nays, or automatic record vote taken either by 

electronic system or by use of tellers with ballot cards—two bells and 

two lights on left indicate a vote by which Members are recorded by 

name. Bells are repeated five minutes after the first ring. 

0 Recorded vote, yeas and nays, or automatic record electronic vote to be followed immediately by possible five-minute vote under clause 8(c) or 9 

of rule XX or clause 6(f) or 6(g) of rule XVIII—two bells rung at beginning of first vote, followed by five bells, indicate that the Chair will 

order five-minute votes if record vote is ordered immediately thereafter. 

Two bells repeated five minutes after first ring. Five bells on each subsequent electronic vote. 

0 Recorded vote in the Committee of the Whole to be followed immediately 

by possible vote of less than five minutes under clauses 6(f) or 6(g) of 

rule XVIII—two bells rung at beginning of first vote, followed by two 

bells indicate that Chair will order less-then-five-minute votes if recorded 

vote is ordered immediately thereafter. Two bells repeated five minutes 

after first ring. Two bells on each subsequent electronic vote. 

0 Record vote—two bells, followed by a brief pause, then two bells, indicate 

such a vote taken by a call of the roll in the House. The bells are repeated when the Clerk reaches the ‘‘R’s’’ in the first call of the roll. 

0 Regular quorum call—three bells and three lights on left indicate a quorum 

call either in the House or in Committee of the Whole by electronic system or by clerks. The bells are repeated five minutes after the first ring. 

Where quorum call is by call of the roll, three bells followed by a brief 

pause, then three more bells, with the process repeated when the Clerk 

reaches the ‘‘R’s’’ in the first call of the roll, are used. 

0 Regular quorum call in Committee of the Whole, which may be followed 

immediately by five-minute electronic recorded vote—three bells rung at 

beginning of quorum call, followed by five bells, indicate that the Chair 

will order five-minute vote if record vote is ordered on pending question. 

Three bells repeated five minutes after first ring. Five bells for record 

vote on pending question if ordered. 

0 Notice or short quorum call in Committee of the Whole—one long bell followed by three regular bells, and three lights on left, indicate that the 

Chair has chosen, using the authority under clause 6 of rule XVIII, to 

vacate proceedings when a quorum of the Committee appears. Bells are 

repeated every five minutes unless the call is vacated by the ringing of 

one long bell and the extinguishing of three lights or the call is converted 

into a regular quorum call and three regular bells are rung. 

0 Adjournment—four bells and four lights on left. 

0 A five-minute vote—five bells and five lights on left. 

0 Recess of the House—six bells and six lights on left. 

0 Civil Defense Warning—twelve bells, sounded at two-second intervals, 

with six lights illuminated. 

0 The light on the far right—seven—indicates that the House is in session. 

939 

CHAPTER 58—VOTING § 22 

§ 21. Five-Minute Votes in the House; ‘‘15-and-5’’ Votes 

Generally 

Under clause 9 of rule XX, the Speaker may reduce to five minutes 

the time for electronic voting on any question arising without intervening 

business after an electronic vote on another question if notice of possible 

five-minute voting was issued before the first electronic vote. 

These votes, often referred to as ‘‘15-and-5’’ votes, are in order before 

other business intervenes. For example, clause 9 of rule XX does not give 

the Chair the authority to reduce to five minutes the vote on a motion to 

recommit occurring immediately after a recorded vote on an amendment reported from the Committee of the Whole, and the Chair will not entertain 

a unanimous-consent request to reduce that vote to five minutes after Members have already left the Chamber with the expectation that the next vote 

will be a 15-minute vote. Manual § 1032. 

By Unanimous Consent 

The House may by unanimous consent authorize the Speaker to reduce 

the time to respond to a recorded vote. By unanimous consent, the House 

reduced to five minutes the minimum time for a required record vote on 

a motion to authorize a closed conference meeting, to be taken immediately 

following another record vote previously postponed. 98-1, Aug. 1, 1983, p 

22029. The Chair has declined to recognize for a unanimous-consent request 

to reduce to five minutes the first vote in a series because the bell and light 

system would not give adequate notice of an initial five-minute vote. Under 

extraordinary circumstances, when many consecutive votes are taken, the 

House may set the response time at two minutes by unanimous consent. 

Manual § 1032. 

§ 22. Postponed and Clustered Votes in Committee of the Whole 

Two-Minute Votes 

Although 15 minutes is the usual minimum time for Members to respond on a recorded vote in the Committee of the Whole, the Chair has 

the discretion, under some circumstances, to reduce such time to not less 

than two minutes. Prior to the 112th Congress, such period was five minutes, with two-minute voting authorized on an ad hoc basis by unanimous 

consent. Manual § 984. The Chair has the discretion under clause 6 of rule 

XVIII to reduce to two minutes the period for a recorded vote following 

a regular 15-minute quorum call. Manual § 982. An announcement of a posVerDate dec 05 2003 14:18 Jan 06, 2012 Jkt 000000 PO 00000 Frm 00949 Fmt 2574 Sfmt 2574 F:\MSPITZER\PRACTI~1\71-948.TXT 27-5A
940 

§ 22 HOUSE PRACTICE

sible two-minute vote is normally made by the Chair in advance. 98-1, May 

4, 1983, p 11063. 

Postponed Votes on Amendments 

Under clause 6(g) of rule XVIII, the chair of the Committee of the 

Whole may postpone a request for a recorded vote on any amendment. Proceedings on that amendment may be resumed at the Chair’s discretion. 

Clause 6(g) further permits the Chair to reduce to two minutes the time for 

electronic voting on any postponed question that follows another electronic 

vote without intervening business, provided the first vote in any series is 

a 15-minute vote. Manual § 984. 

Before the adoption of clause 6(g) of rule XVIII, the chair of the Committee of the Whole could not entertain a unanimous-consent request to reduce below 15 minutes the minimum time for recorded votes or to postpone 

and cluster votes on amendments. Manual § 984. Special orders of business 

before adoption of clause 6(g) routinely provided the chair of the Committee 

of the Whole authority to postpone and cluster requests for recorded votes. 

When a special order of business provided such authority, the Chair held 

the following (also applicable to the Chair’s authority under the standing 

rule): 

0 The use of postponement authority, and the order of resuming proceedings 

on postponed questions, is entirely within the discretion of the Chair. 

0 An amendment pending as unfinished business, where proceedings on a request for a recorded vote have been postponed, may be modified by 

unanimous consent on the initiative of its proponent. 

0 A request for a recorded vote on an amendment on which proceedings have 

been postponed may be withdrawn by unanimous consent before proceedings resume on the request as unfinished business, in which case the 

amendment stands disposed of by the voice vote thereon. 

0 Authority to postpone a request for a recorded vote does not permit the 

Chair to postpone a vote on an appeal of a ruling of the Chair, even 

by unanimous consent. 

0 The Committee of the Whole by unanimous consent may vacate postponed 

proceedings, thereby permitting the Chair to put the question de novo. 

0 The Chair may resume proceedings on unfinished business consisting of a 

‘‘stack’’ of amendments even while another amendment is pending. 

0 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. 

Manual § 984. 

941 

CHAPTER 58—VOTING § 23 

§ 23. Postponed and Clustered Votes in the House 

The Speaker has discretionary authority under clause 8 of rule XX to 

postpone certain questions and to ‘‘cluster’’ them for voting at a designated 

time or place in the legislative schedule, and, after the vote on the first such 

question, to reduce to five minutes the vote on all of the additional questions 

so postponed. Manual § 1030. The rule specifically permits the Speaker to 

postpone the following questions: 

0 Approval of the Journal. 

0 Passing a bill or joint resolution or adopting a concurrent resolution or a 

resolution (or ordering the previous question thereon). 

0 Agreeing to a motion to suspend the rules. 

0 Agreeing to an amendment reported from the Committee of the Whole. 

0 Agreeing to a motion to reconsider or agreeing to a motion to lay on the 

table a motion to reconsider. 

0 Agreeing to a conference report or to a motion to instruct conferees (or 

ordering the previous question thereon). 

These categories are not mutually exclusive. For example, the Speaker 

may ‘‘cluster’’ a vote on the approval of the Journal with motions to suspend the rules. 107-2, Oct. 16, 2002, p 20749. Where the proposition does 

not fall within one of the categories listed in clause 8 of rule XX, the Chair 

does not have discretionary authority to postpone a vote but may do so by 

unanimous consent. Manual § 1030. 

For all such categories, the postponement authority under clause 8 of 

rule XX must be to a place designated within two legislative days, with the 

exception of the question of agreeing to the Speaker’s approval of the Journal. That question may be postponed only to a time on the same legislative 

day. Manual § 1030. The Speaker may simultaneously designate separate 

times for the resumption of proceedings on separate postponed questions. 

Once the Speaker has postponed votes to a designated place in the legislative schedule, the Speaker may redesignate the time when the votes will be 

taken within the appropriate period. Manual § 1030. 

The discretionary authority of the Speaker to postpone votes under 

clause 8 of rule XX arises after a vote of record is ordered or when a vote 

is objected to for lack of a quorum. Manual § 1030. The authority of the 

Speaker to postpone such a vote does not continue once a record vote has 

commenced or once the Speaker has announced the absence of a quorum. 

Deschler-Brown Ch 30 § 56.1. 

In exercising the authority under this rule, the Speaker may announce 

that the consideration of certain postponed questions may be interrupted by 

other privileged business. 97-1, Dec. 15, 1981, p 31506. The ‘‘clustering’’ 

942 

§ 24 HOUSE PRACTICE

of record votes on postponed matters does not prevent the Chair from entertaining a unanimous-consent request between postponed votes. However, if 

constituting intervening business, the first vote after the request would have 

to be a 15-minute vote unless reduced to five minutes by unanimous consent. Manual § 1030. 

G. Vote Changes, Corrections, and Announcements 

§ 24. In General; Vote Changes 

A Member who has voted may change such vote at any time before 

the final announcement of the result. Manual § 1014; 5 Hinds §§ 5931, 

5934, 6093, 6094. During that time a ‘‘present’’ vote may be changed as 

well as an ‘‘aye’’ or ‘‘no’’ vote. 5 Hinds § 6060. However, a Member may 

not withdraw a vote entirely without leave of the House. 5 Hinds § 5930. 

Changes in votes cast are barred following the announcement of the result of the vote, even by unanimous consent. Deschler-Brown Ch 30 § 6.1. 

However, the Speaker may announce a change in the result of a vote taken 

by electronic device when required to correct an error in identifying a voting 

card submitted in the well. Manual § 1014. 

When a vote is being taken by electronic device, a Member is permitted 

to change such vote by reinserting the voting card in a voting station during 

the first 10 minutes of a 15-minute vote or by the Clerk’s announcement 

in the well after the Chair has asked for changes. During five-minute votes 

or two-minute votes, a Member is permitted to change a vote at the voting 

stations at any time. Following the expiration of the minimum time for voting by electronic device and the closing of electronic voting stations, but 

before the Speaker’s announcement of the result, any Member may either 

change a vote or cast an initial vote in the well by use of a ballot card. 

Manual § 1014; see also § 2, supra. 

A Member who wishes to change a vote on a recorded vote conducted 

by tellers with clerks may announce such vote change in the well before 

the announcement of the result. Deschler-Brown Ch 30 § 40.6. If the correction is made before the announcement of the result by the Chair, unanimous 

consent is not required. Deschler-Brown Ch 30 § 40.1. 

When a Member changes a vote following a record vote and before the 

announcement of the result by the Chair, the change appears in the Congressional Record. This occurs even where the Member changes a vote twice, 

thereby reverting to the original voting stance. Deschler-Brown Ch 30 

§ 39.6. 

943 

CHAPTER 58—VOTING § 25 

§ 25. Correcting the Congressional Record and the Journal 

Electronic Votes 

The Chair presumes the technical accuracy of the electronic system if 

properly used and relies on the responsibility of Members to correctly cast 

and verify their votes. Deschler-Brown Ch 30 § 31.3. The Speaker declines 

to entertain requests to correct the Journal or the Congressional Record on 

votes taken by electronic device. Manual § 1014. Recognition for such a request may be denied despite assurances by the Member that the vote had 

been verified by reinserting the voting card. Deschler-Brown Ch 30 § 6.2. 

However, the incorrect transcription by the official reporters of a change announced by the Clerk may be corrected in the Record by unanimous consent. Deschler-Brown Ch 30 § 31.16. Also, by unanimous consent the House 

may permit the correction of the Record and the Journal to delete a vote 

that was not actually cast. Manual § 1014. 

The Speaker has declined to entertain a unanimous-consent request to 

correct a vote taken by electronic device although the Member was recorded 

as voting on a day when such Member was on leave from the House, no 

explanation having been offered for the discrepancy. Deschler-Brown Ch 30 

§ 32.4 However, the Speaker may announce a change in the result of a vote 

taken by electronic device when required to correct an error in identifying 

a voting card submitted in the well. Deschler-Brown Ch 30 § 32.5. For a 

report of the Committee on Standards of Official Conduct (now Ethics) on 

voting anomalies, see H. Rept. 96-991. 

After the announcement of the result of such a vote, although it is not 

permissible to change a vote, a Member may seek unanimous consent to explain in the Congressional Record where such Member’s vote was incorrectly recorded or, though cast, was not recorded. § 27, infra. In entertaining 

such requests, the Chair does not pass judgment on the Member’s explanation as to how the vote was improperly recorded or how, though present 

and having voted, such Member was not recorded, nor does the Chair challenge the Member’s word on how such Member voted. Deschler-Brown Ch 

30 § 38.1. 

Nonelectronic Votes 

When the electronic voting system is not in use, and a Member is incorrectly recorded on a roll call, such Member may correct the vote before the 

announcement of the result, with the corrected vote being properly recorded 

and the change duly noted in the Congressional Record. Manual § 1015. 

When a vote actually given fails to be recorded during a call of the roll, 

the Member may, before the approval of the Journal, demand as a matter 

944 

§ 26 HOUSE PRACTICE

of right that correction be made. 5 Hinds §§ 5969, 6061, 6062; 8 Cannon 

§ 3143. 

Members who have been incorrectly recorded on a vote taken by clerks 

pursuant to clause 4 of rule XX have, by unanimous consent, had their votes 

corrected following the announcement of the result. The Chair will not entertain such requests after further business has been transacted. DeschlerBrown Ch 30 § 40.3. 

A Member ascertaining that an absent colleague has been inadvertently 

recorded on a nonelectronic roll call vote may have the vote deleted by 

unanimous consent, before the announcement of the result. Deschler-Brown 

Ch 30 § 37.1. 

§ 26. Recapitulations 

A Member may not demand a recapitulation of a vote taken by electronic device. Deschler-Brown Ch 30 § 31.6. The recapitulation of such 

votes is refused because all Members may determine whether they were correctly recorded by examining the electronic display panel over the Speaker’s 

rostrum and because, even if the display panel is inoperative, individual 

votes and vote totals may be verified through the voting and monitoring stations. Deschler-Brown Ch 30 § 31.7. 

Record votes that do not involve the use of the electronic voting system 

are subject to recapitulation at the discretion of the Speaker, either before 

or after the announcement of the result. Manual § 1015; 5 Hinds §§ 6049, 

6050; 8 Cannon §§ 3125, 3128; Deschler-Brown Ch 30 §§ 28.2, 28.4. 

§ 27. Personal Explanations 

Members who are absent for a record vote may announce how they 

would have voted had they been present. Deschler-Brown Ch 30 § 41.1. 

MEMBER: Ml. Speaker, on roll call lll, I was unavoidably detained as a result of lllllllllll. Had I been present I 

would have voted ‘‘[aye] [nay]’’ I ask unanimous consent that this statement appear in the Congressional Record following the announcement of 

the vote. 

Alternatively, a Member may submit a signed statement for printing in 

the Congressional Record without personally announcing an intent. The explanation will appear in the Record immediately following the missed vote 

if the explanation is received the day of the vote. If the explanation is submitted in writing rather than announced on the floor, the explanation will 

appear in distinctive type. If the explanation is submitted any time after the 

945 

CHAPTER 58—VOTING § 28 

day of the vote, it appears in the ‘‘Extensions of Remarks’’ portion of the 

Record. 

Neither the rules nor the practice of the House permit a Member to announce after a record vote how absent colleagues would have voted if 

present. 6 Cannon § 200. 

If the Member’s explanation alleges that such Member was present but 

not recorded, the Chair does not, by entertaining the request, pass judgment 

on the Member’s explanation. Deschler-Brown Ch 30 § 38.1. 

H. Majority Votes; Super-majority Votes 

§ 28. In General; Tie Votes 

‘‘The voice of the majority decides...where not otherwise expressly 

provided,’’ wrote Jefferson, expressing a fundamental precept of parliamentary law. Manual § 508. Most business that comes before the House is decided by a majority vote, and, under clause 6 of rule XIV, all questions relating to the priority of business are decided by a majority. Manual § 884. 

Under clause 1(c) of rule XX, a rule in effect since the First Congress, if 

the vote on a proposition is a tie, the proposition is defeated. Manual 

§ 1013; 5 Hinds §§ 5926, 5964. 

Two-thirds Votes 

Under the Constitution or by House rule, a two-thirds vote is expressly 

required in the House on: 

0 Amendment to the Constitution. U.S. Const. art. V; Manual § 190. 

0 Passage of a bill over a veto. U.S. Const. art. I § 7; Manual § 104. 

0 Dispensing with the call of the Private Calendar. Clause 5 of rule XV; 

Manual § 895. 

0 Same-day consideration of reports from the Committee on Rules. Clause 

6 of rule XIII; Manual § 857. 

0 Suspension of the rules. Clause 1 of rule XV; Manual § 885. 

0 Expulsion of a Member. U.S. Const. art. I § 5; Manual § 62. 

0 Removal of political disabilities. U.S. Const. amend. XIV § 3; Manual 

§ 230. 

A two-thirds vote means two-thirds of those voting, a quorum being 

present, and not two-thirds of the entire membership. Deschler-Brown Ch 

30 § 5. Such a vote requires an affirmative vote by two-thirds of those 

Members actually voting; Members who indicate only that they are 

‘‘present’’ are not counted in determining the two-thirds figure. DeschlerBrown Ch 30 § 5.2; 5 Hinds § 7027; 8 Cannon § 3503; 7 Cannon § 1111. 

946 

§ 28 HOUSE PRACTICE

Three-fifths Votes 

Under clause 5(b) of rule XXI, certain income tax rate increases can 

be passed or adopted only by a vote of not less than three-fifths of the 

Members voting. 

947 

Chapter 59 

Withdrawal 

§ 1. In General 

§ 2. Decisions That Prevent Withdrawal 

§ 3. Right to Modify Derived from Right to Withdraw 

§ 4. Points of Order 

§ 5. Requests for Record Votes 

Research References 

5 Hinds §§ 5347-5358 

Deschler Ch 23 §§ 2, 36, 43; Deschler Ch 27 § 20 

Manual §§ 902, 904, 905, 922, 925, 978 

§ 1. In General 

Withdrawal of a Motion 

Clause 2 of rule XVI states that a motion, once entertained, may be 

‘‘withdrawn at any time before a decision or amendment thereon.’’ Manual 

§ 904. A motion may be withdrawn although an amendment has been offered to it and is pending. 5 Hinds § 5347; 6 Cannon § 373; 8 Cannon 

§ 2639. 

Examples of motions that may be withdrawn under the rule include: 

0 A motion to suspend the rules. Manual § 905. 

0 A motion that the House resolve into the Committee of the Whole for the 

consideration of a bill. Manual § 905. 

0 A motion to instruct conferees. Manual § 905. 

0 A motion to dispose of an amendment reported from conference in disagreement. See, e.g., Deschler-Brown Ch 32 § 10.30. 

A motion that the House resolve into the Committee of the Whole for 

the consideration of a bill may be withdrawn pending a point of order 

against consideration of the bill. If the motion is withdrawn, the Chair is 

not obligated to rule on the point of order. Manual § 905; 8 Cannon § 3405. 

The proponent of a motion to dispose of an amendment reported in disagreement, having withdrawn the motion, may change the amendment included in the motion and offer it again in its modified form. DeschlerBrown Ch 32 § 8.3. 

A motion may be withdrawn in the Committee of the Whole only by 

unanimous consent. Deschler Ch 23 § 2.10. 

948 

§ 1 HOUSE PRACTICE

Unanimous consent is not required to withdraw a pending unanimousconsent request. Manual § 905. 

Withdrawal of a Measure 

Under clause 2 of rule XVI, a resolution, including a privileged resolution, may be withdrawn at any time before a decision is made thereon or 

before an amendment thereto is adopted. For example, where the Speaker 

has put the question on adoption of a resolution to a voice vote without the 

ordering of the previous question, and the yeas and nays have not been ordered, the resolution may be withdrawn. Manual § 905. If the resolution is 

called up in the House again, the Member calling up the resolution is recognized for one hour, notwithstanding the fact that the resolution previously 

has been considered, debated, and then withdrawn before action is taken 

thereon. Manual § 905. Withdrawal of a pending resolution is not in order 

when the absence of a quorum has been announced by the Chair. Manual 

§ 905. 

A conference report called up for consideration in the House may be 

withdrawn from consideration at any time before action is taken thereon. 

Deschler-Brown Ch 33 § 20.9. 

Withdrawal of an Amendment 

An amendment may be withdrawn in the House at any time before an 

amendment is adopted thereto or a decision is had thereon. 5 Hinds § 5753; 

6 Cannon § 587; 8 Cannon § 2332. The same right to withdraw an amendment exists in the forum known as ‘‘the House as in the Committee of the 

Whole.’’ 4 Hinds § 4935. Therefore, that right exists in standing committees 

where general procedures of that forum apply. Manual § 427. 

Under clause 5 of rule XVIII, unanimous consent is required to withdraw an amendment in Committee of the Whole, unless withdrawal authority was conferred by the House. Manual § 905; 5 Hinds § 5221; 6 Cannon 

§ 570; 8 Cannon §§ 2465, 2859, 3405. However, unanimous consent is not 

required to withdraw an amendment that is at the Clerk’s desk but that has 

not been offered by the Member. Deschler Ch 27 § 20.5. 

Where a substitute amendment is withdrawn by unanimous consent, an 

amendment to the substitute also is withdrawn. Deschler Ch 27 § 20.9. The 

withdrawal of an amendment by unanimous consent does not preclude its 

being reoffered at the same stage of the proceedings, and unanimous consent 

is not required to reoffer the amendment if otherwise in order. Deschler Ch 

27 § 20.10. 

The chair of the Committee of the Whole will entertain a unanimousconsent request to withdraw an amendment even when a point of order is 

949 

CHAPTER 59—WITHDRAWAL § 3 

pending against the amendment or against a substitute therefor. Deschler Ch 

27 §§ 20.6, 20.7. 

§ 2. Decisions That Prevent Withdrawal 

A decision that prevents withdrawal may consist of the following: 

0 The ordering of the yeas and nays, either directly on the motion or on a 

motion to lay it on the table. 5 Hinds §§ 5353, 5354. 

0 The ordering of the previous question, or the demand therefor. Manual 

§ 905; 5 Hinds § 5489. 

0 The refusal to lay on the table. 5 Hinds §§ 5351, 5352; 8 Cannon § 2640. 

Where the Chair postpones a voice vote under clause 8 of rule XX 

when an objection has been made for lack of a quorum, and that question 

comes up later as postponed unfinished business, the proponent unilaterally 

may withdraw it, because it becomes a question de novo. Manual § 905; see, 

e.g., 101-1, July 24, 1989, pp 15794, 15818. 

§ 3. Right to Modify Derived from Right to Withdraw 

As a general principle, modifications to a pending motion, if in order 

at all, must be approved by the House. There is one narrow exception to 

this principle. A Member having the right to withdraw a motion before a 

decision is made thereon, and immediately thereafter reoffer it, has the resulting right to modify the motion without approval of the House. Manual 

§ 905; 5 Hinds § 5358. 

For example, a Member having the right to withdraw a motion to instruct conferees before a decision is made thereon, and the right to offer 

a different motion at the same stage of proceedings (one not subject to notice requirements), has the resulting power to modify the motion. Manual 

§ 905. Similarly, a Member having the right to withdraw a resolution offered 

as a question of privilege, and the right to offer a different resolution as 

a question of privilege immediately thereafter (one not subject to notice requirements), has the resulting power to modify the resolution without the 

concurrence of the House. Deschler Ch 23 § 1. 

In most cases, however, the right of withdrawal and resubmission in a 

modified form does not exist. For example, a resolution such as a special 

order of business resolution reported by the Committee on Rules, may not 

be modified except by direction of the reporting committee or with concurrence of the House. In the case of a nonprivileged motion, the proponent 

may not be guaranteed the right to immediately reoffer the motion, especially where it is a secondary motion under clause 4 of rule XVI. Thus, although an amendment to a motion pending in the House may be withdrawn 

950 

§ 4 HOUSE PRACTICE

by the Member offering the amendment before it is acted upon, such Member is not guaranteed the right to reoffer that amendment, and therefore does 

not have the right to modify the amendment without the consent of the 

House. Deschler Ch 23 § 1. 

Other secondary motions specified under clause 4 of rule XVI, such as 

the motions to lay on the table, for the previous question, to postpone to 

a day certain, to refer, and to postpone indefinitely, may be withdrawn before action is taken thereon but may not be modified without the consent 

of the House. The motion that when the House adjourns it adjourn to a day 

and time certain is in order only at the Speaker’s discretion and is therefore 

subject to modification by the offeror only with the consent of the House. 

Deschler Ch 23 § 1. 

In the Committee of the Whole, amendments may be withdrawn only 

by unanimous consent, so the doctrine of unilateral modification is never applicable in that forum. 

Pursuant to a unanimous-consent request offered by the manager of the 

pending motion, the House may modify a suspension motion during its consideration or after the vote has been postponed de novo under clause 8 of 

rule XX. See, e.g., 102-2, July 2, 1992, p 17220; 103-2, Oct. 3, 1994, p 

27364. However, the more common practice is for the manager to withdraw 

the motion and for the Speaker to recognize such Member to reoffer the 

motion in a modified form, in which case the debate on the motion begins 

anew. Deschler Ch 21 § 14.3. 

§ 4. Points of Order 

Generally 

A motion may be withdrawn pending a point of order against its consideration. If the motion is withdrawn, the Chair is not obligated to rule on 

any point of order raised against it. Manual § 905; 8 Cannon § 3405. Similarly, a motion that the House resolve into the Committee of the Whole for 

the consideration of a bill may be withdrawn pending a point of order 

against consideration of the bill. Manual § 905. 

A motion may be withdrawn even after the previous question has been 

ordered on an appeal from a decision of the Chair on a point of order 

against the motion. Furthermore, the motion being withdrawn, all proceedings on the appeal fall thereby. 5 Hinds § 5356. 

The chair of the Committee of the Whole may recognize for a unanimous-consent request to withdraw an amendment before ruling on a point 

of order. Deschler Ch 27 § 20.6. 

951 

CHAPTER 59—WITHDRAWAL § 5 

Point of Order for Lack of Quorum 

When a point of order of no quorum is made, the point of order may 

be withdrawn until announcement of the absence of a quorum, after which 

the point of order may not be withdrawn even by unanimous consent. 

Deschler Ch 20 § 18. Objection to a voice vote for lack of a quorum having 

been withdrawn, and demand for a division having been made, an objection 

to the division vote for lack of a quorum is in order. If a quorum is not 

present, the yeas and nays are automatic. Deschler Ch 20 § 18.4. 

Withdrawal of a pending resolution is not in order when the absence 

of a quorum has been announced by the Chair. Manual § 905. 

Withdrawal of Reservation of Point of Order 

The reservation of a point of order by one Member inures to all. However, withdrawal of a reservation by one Member requires other Members 

to either make or continue to reserve the point of order at that point, and 

a further reservation comes too late after there has been debate. DeschlerBrown Ch 31 § 3.14. 

Words Taken Down 

When a demand is made that certain words used in debate be taken 

down, such words may be withdrawn by unanimous consent in the House 

or in the Committee of the Whole. Deschler-Brown Ch 29 §§ 51.1, 51.2. 

The Speaker may suggest that a Member who had uttered unparliamentary 

words request unanimous consent to withdraw them. Deschler-Brown Ch 29 

§ 51.11. No debate is in order pending a request to withdraw unparliamentary words. Deschler-Brown Ch 29 § 51.8. Like any other point of order, 

withdrawal of the demand that words be taken down does not require unanimous consent. Manual § 628. 

§ 5. Requests for Record Votes 

A demand for a recorded vote may be withdrawn before the Chair begins to count Members supporting the demand, and unanimous consent is 

not required. Deschler-Brown Ch 30 § 33.20. Where a demand for a recorded vote is pending, it may be withdrawn by the maker, but it is not 

in order to condition its withdrawal on the House’s acceptance of a modification to the motion on which the vote is being taken. Deschler-Brown Ch 

30 § 33.23. Although a demand for the yeas and nays, once supported by 

one-fifth of those present, cannot be withdrawn, the House may, by unanimous consent, vacate the proceedings and take the vote de novo. DeschlerBrown Ch 30 § 33.24. In one instance a Member who demanded a recorded 

vote asked unanimous consent to withdraw his demand when, the recorded 

952 

§ 5 HOUSE PRACTICE

vote being under way, the electronic system failed. Deschler-Brown Ch 30 

§ 33.22. 

953 

INDEX 

(The main headings in this index, shown in boldface type, refer to corresponding 

chapter titles. Section references are to sections specified within the identified 

chapter. Cross references are to headings in this index.) 

ADJOURNMENT 

Alternate departure dates, ch 1 § 10 

August recess— 

concurrent resolution adopted by roll 

call vote in each House, ch 1 

§ 12 

Legislative Reorganization Act, provisions of, ch 1 § 12 

waiver of provisions of Legislative 

Reorganization Act, ch 1 § 12 

Budget Act provisions relating to completion of action on appropriation 

bills and reconciliation legislation, 

effect of, ch 1 § 11 

Concurrent resolution— 

amendment to, ch 1 § 10 

Budget Act provisions relating to 

completion of action on appropriation bills and reconciliation 

legislation, effect of noncompliance with, on status of resolution, ch 1 § 11 

privileged, status as, and factors affecting privilege, ch 1 § 11 

privileged status of Senate amendments, ch 1 § 11 

sine die, adjournment, ch 1 §§ 1, 13 

three days, adjournment of more than, 

ch 1 §§ 1, 10 

Conditions attached to adjournment, ch 

1 § 10 

Constitution and House rules govern 

procedures in House, ch 1 § 1 

Day and time to which House shall adjourn, motion to fix— 

amendment, not subject to, ch 1 § 6 

debatable, motion not, ch 1 § 6 

quorum required for, ch 1 § 8 

privilege, equal in, to simple motion 

to adjourn, ch 1 § 3 

separate from simple motion to adjourn, ch 1 §§ 3, 6 

ADJOURNMENT—Continued 

Disagreement between Houses as to period of adjournment, effect of, ch 1 

§ 10 

Emergency reconvening, ch 1 § 1; ch 5 

§ 2; ch 45 § 3 

Legislative days and calendar days distinguished, ch 1 § 2 

Legislative Reorganization Act, provisions of, relating to adjournment or 

August recess, ch 1 § 12 

Motion— 

amendment, not subject to, ch 1 § 6 

argument not to be included, ch 1 § 2 

automatic roll call, demand for, affirmative or negative vote on 

motion as affecting propriety of, 

ch 1 § 8 

Committee of the Whole, not in order 

in, ch 1 § 4 

Committee of the Whole, rising of, 

unavailability of motion following specified instances of, ch 

1 § 4 

Committee of the Whole, unavailability of motion following vote 

to go into, ch 1 § 4 

conditions not to be imposed, ch 1 

§ 2 

debatable, simple motion is not, ch 1 

§ 6 

debate, motion may not interrupt 

Member holding floor in, ch 1 

§§ 3, 5 

dilatory, when motion is, ch 1 § 9 

form, ch 1 § 2 

House meeting as in Committee of 

the Whole, motion permitted in, 

ch 1 § 4 

Majority Leader or designee, motion 

usually offered by, ch 1 § 5 

954 

HOUSE PRACTICE 

ADJOURNMENT—Continued 

Motion—Continued 

parliamentary inquiry, motion not in 

order where Member has been 

yielded to or recognized for, ch 

1 §§ 3, 5 

precedence of motion over particular 

motions or items of business, ch 

1 § 3 

privilege of motion, ch 1 § 3 

quorum, effect of absence of, where 

vote on adjournment is decided 

in negative, ch 1 § 8 

quorum, motion in order pending 

point of order based on absence 

of, until Clerk has commenced 

to call the roll, ch 1 § 8 

quorum not required for agreement 

to, ch 1 § 8 

recognition to offer, ch 1 § 5 

reconvening, change in time of, not a 

part of motion to adjourn, ch 1 

§ 2 

rejection of motion, proceedings following, ch 1 §§ 8, 9 

repetition of motion, conditions for, 

ch 1 §§ 3, 9 

second motion, conditions for permitting, ch 1 §§ 3, 9 

three days or less, adjournment of, by 

motion, ch 1 §§ 1, 2 

time for making of, ch 1 § 3 

times at which motion not permitted, 

ch 1 §§ 3, 4 

vote by yeas and nays, demand for, 

ch 1 § 8 

voting in House, timing of motion in 

relation to stages of, ch 1 § 3 

voting on motion, ch 1 § 7 

Optional departure dates, ch 1 § 10 

Recall, joint leadership, ch 1 §§ 10, 13 

Recall of one or both Houses, provision 

for, ch 1 §§ 10, 13 

Recess distinguished from, ch 1 § 1 

Senate and House consent required for 

certain, ch 1 §§ 1, 2, 10 

ADJOURNMENT—Continued 

Sine die adjournment— 

Committee on Rules, jurisdiction of, 

ch 1 § 13 

concurrent resolution, by, ch 1 §§ 1, 

13 

debatable, resolution not, ch 1 § 13 

form of resolution, ch 1 § 13 

jurisdiction of Committee on Rules, 

ch 1 § 13 

Legislative Reorganization Act, waiver of provisions of, relating to, 

ch 1 § 12 

Majority Leader, resolution usually 

offered by, ch 1 § 13 

motion pursuant to concurrent resolution offered by Majority Leader 

or designee, ch 1 § 14 

President, committee to notify, of intention of House to adjourn, ch 1 

§ 13 

privileged, resolution as, ch 1 § 13 

procedure at time of adjournment, ch 

1 § 14 

quorum not required for adjournment 

where Houses have adopted resolution that day, ch 1 § 14 

quorum required for adoption of resolution, ch 1 § 13 

rescission or recall of resolution, ch 1 

§ 13 

Senate and House, consent of, ch 1 

§ 1 

waiver of provisions of Legislative 

Reorganization Act relating to, 

ch 1 § 12 

Three days, adjournment of more than— 

calculation of three-day period, ch 1 

§ 10 

concurrent resolution, ch 1 §§ 1, 10 

Senate and House, consent of, ch 1 

§§ 1, 2, 10 

Unanimous consent— 

Chair may declare House adjourned 

by, when no Member is available, ch 1 § 5 

three days or less, adjournment of, 

form of request for, ch 1 § 2 

955 

INDEX 

ADJOURNMENT—Continued 

Unfinished business at, see UNFINISHED BUSINESS 

Voting on motion or resolution, ch 1 

§§ 7, 8, 10, 12 

AMENDMENTS 

Adoption of amendment as precluding 

certain motions to strike— 

insert provision, adoption of amendment to, does not preclude motion to strike larger portion of 

text including provision, ch 2 

§ 39 

portion of text, adoption of amendment to, does not preclude vote 

on motion to strike entire text, 

ch 2 § 39 

Adoption of amendment as precluding 

further changes in text amended— 

identical in substance and scope to 

amendment previously agreed to, 

subsequent amendment ruled out 

where, ch 2 §§ 6, 38, 40, 44 

monetary figures agreed to may not 

be directly changed although 

‘‘fetchback’’ amendment to later 

paragraph may change amounts, 

ch 2 § 42 

monetary figures in adopted amendments changed by language ‘‘increased by’’ or ‘‘decreased by,’’ 

ch 2 § 42 

perfected text cannot be further 

amended, ch 2 § 38 

special order of business may permit 

amendments changing portions 

of amendments already agreed 

to, ch 2 § 38 

strike all after first word and insert 

new provision, adoption of motion to, precludes amendment to 

inserted language, ch 2 § 40 

strike and insert, adoption of motion 

to, effect of, ch 2 § 40 

substitute, adoption of amendment in 

nature of, ends amendment 

stage, ch 2 § 41 

AMENDMENTS—Continued 

Adoption of amendment as precluding 

further changes in text amended— 

Continued 

text, different or more comprehensive 

portion of, subsequent amendments may affect, ch 2 §§ 38, 

40, 42 

unanimous consent, changes permitted by, ch 2 § 43 

vacating proceedings by which 

amendment adopted, ch 2 § 43 

Adoption of amendment in committee, 

electronic availability of, ch 11 

§ 16 

Adoption of motion to strike, effect 

of— 

perfecting amendments to stricken 

section vitiated, ch 2 § 40 

perfecting amendment to stricken language not in order, ch 2 § 40 

Appropriation bills, amendments to, see 

APPROPRIATION BILLS 

Committee amendments, consideration 

of, ch 2 §§ 17, 29 

Congressional Record, special order of 

business permitting only amendments as printed in, see SPECIAL 

ORDERS OF BUSINESS 

Consistency with previously adopted 

amendment, lack of, does not give 

rise to point of order against subsequent amendment, ch 2 § 38 

Contradicting substance of amendment 

previously adopted, amendment as, 

ch 2 § 38 

Copies of amendments transmitted to 

majority and minority tables, ch 2 

§ 1 

Debate on— 

precedence of ten minutes debate on 

amendment over motion to amend 

amendment, ch 2 § 9 

Debate time, offering amendments after 

expiration of, ch 2 § 26 

Degrees of amendment— 

generally, ch 2 §§ 1, 13, 14 

956 

HOUSE PRACTICE 

AMENDMENTS—Continued 

Degrees of amendment—Continued 

pro forma amendment, point of order 

against, as constituting amendment in third degree, ch 2 § 14 

second degree permitted, ch 2 § 1 

Senate amendments, see SENATE 

AMENDMENTS 

text, amendment in nature of substitute may be considered as 

original, for purpose of amendment, ch 2 §§ 13, 14 

third degree, amendments in, not in 

order in absence of special order 

of business, ch 2 §§ 1, 13, 14 

Division of the question, see DIVISION 

OF THE QUESTION FOR VOTING 

Enacting clause, motion to strike— 

precedence over motion to amend, ch 

2 §§ 5, 9, 21 

rejection of bill, motion used for, ch 

2 §§ 5, 21 

rejection of motion, effect of, ch 2 § 9 

En bloc amendments— 

divisibility of, in House, ch 2 § 30 

House, consideration in, of amendments reported from Committee 

of the Whole, ch 2 § 45 

points of order against, ch 2 § 30 

reading, amendments affecting portion of bill not reached in, offered by unanimous consent, ch 

2 § 17 

rejection of, does not preclude reoffering separately, ch 2 § 44 

special order of business, consideration en bloc pursuant to, see 

SPECIAL ORDERS OF BUSINESS 

unanimous consent, consideration en 

bloc by, ch 2 § 30 

‘‘Fetch-back’’ amendments— 

(see also APPROPRIATION BILLS) 

germane, must be, ch 2 § 42 

increasing amount in prior paragraph, 

amendment, must have authorization, ch 2 § 42 

AMENDMENTS—Continued 

‘‘Fetch-back’’ amendments—Continued 

previous paragraphs, change amounts 

in, ch 2 § 42 

‘‘First amendment adopted’’ special 

order of business, consideration of 

amendments in the nature of a substitute under, ch 2 § 30 

Forms of amendment, generally, ch 2 

§ 1 

Germaneness of, see GERMANENESS 

OF AMENDMENTS 

House, amendments reported to, after 

adoption in Committee of the 

Whole— 

perfected form, reported in, ch 2 § 45 

perfecting amendments to section of 

bill not ordinarily reported where 

section subsequently stricken, ch 

2 § 45 

separate consideration in House of all 

amendments adopted may be 

permitted by special order of 

business, ch 2 § 45 

House consideration of amendments reported from Committee of the 

Whole— 

amendment, amendments reported as 

subject to, ch 2 § 45 

en bloc amendments, ch 2 § 45 

inconsistencies, voted on notwithstanding, ch 2 § 45 

order of consideration where separate 

votes demanded, ch 2 § 45 

recommit with instructions, motion 

to, see RECOMMIT WITH INSTRUCTIONS, MOTION TO 

rejection of amendment, original text 

of bill is before House after, ch 

2 § 46 

rejection of motion to strike, effect 

of, ch 2 § 46 

separate vote may be demanded only 

on first-degree amendments in 

absence of special order of business, ch 2 § 45 

strike, motion to, effect of rejection 

of, ch 2 § 46 

957 

INDEX 

AMENDMENTS—Continued 

House consideration of amendments 

reported from Committee of the 

Whole—Continued 

voted on, all amendments are, ch 2 

§ 45 

Insert, motion to— 

reinsert stricken language, not in 

order to, ch 2 § 3 

strike, motion to, may be pending at 

same time, ch 2 § 3 

vote on motion to insert taken before 

vote on motion to strike, ch 2 

§ 3 

Instructions to Clerk as to portion of 

text sought to be amended, ch 2 § 1 

‘‘King of the Hill’’ special order of 

business, ch 2 § 30; ch 52 § 6 

Modification of amendment by proponent by unanimous consent, ch 2 

§§ 1, 12, 37 

Modification of amendment that has 

been made in order by special 

order of business, ch 2 § 37 

Motions that have precedence over motion to amend, ch 2 § 9 

Motions that may be amended, ch 2 

§ 10 

Motions that may not be amended, ch 2 

§ 10 

Negating proposition previously adopted, amendment as, ch 2 § 38 

Numbering amendments printed in 

Record, ch 2 § 27 

Order of consideration in Committee of 

the Whole, changing, not permitted 

if requiring material modification 

of special order of business, see 

SPECIAL ORDERS OF BUSINESS 

Offering amendments— 

amendment to amendment must be 

offered before vote on underlying amendment, ch 2 § 28 

number and form of permissible 

amendments, ch 2 §§ 13, 14 

order of, ch 2 §§ 1, 13, 21 

AMENDMENTS—Continued 

Offering amendments—Continued 

recognition, priorities in, ch 2 § 20 

sponsorship of, ch 2 § 1 

substitute, amendment in nature of, 

ch 2 §§ 7, 19 

Order of offering amendments— 

generally, ch 2 §§ 1, 13, 21 

Order of voting on amendments— 

generally, ch 2 §§ 1, 28 

committee amendments, ch 2 § 28 

insert, motion to, voted on before motion to strike, ch 2 § 3 

new sections, amendments proposing 

to insert, considered after perfecting amendments to a section, 

ch 2 § 31 

perfecting amendments, no degrees of 

preference among, ch 2 § 31 

perfecting amendments voted on before motion to strike, ch 2 §§ 2- 

5, 21, 22, 31 

special order of business, as affected 

by, ch 2 § 28 

substitute, amendment in nature of, 

voted on after perfecting amendments to original text, ch 2 § 32 

substitute, immediate vote on amendment in nature of, after adoption 

of substitute therefor, ch 2 § 32 

Pending amendments, number and form 

of, permitted, ch 2 §§ 13, 14 

Perfecting amendments— 

adoption of, effect of, ch 2 §§ 38, 39 

amendment to amendment, ch 2 §§ 1, 

2, 13 

insert, motion to, ch 2 §§ 2, 3 

strike and insert, motion to, ch 2 §§ 2, 

4, 23 

text, amendment to, ch 2 §§ 1, 2, 13, 

21 

Points of order against, see, generally, 

POINTS OF ORDER (see also 

specific topics, e.g., GERMANENESS OF AMENDMENTS) 

Preambles, amendments to— 

joint resolutions, preambles of, ch 2 

§ 48 

958 

HOUSE PRACTICE 

AMENDMENTS—Continued 

Preambles, amendments to—Continued 

resolutions, simple or concurrent, preambles of, ch 2 § 48 

Precedence of motion to amend, ch 2 

§ 9 

Previous question, ordering, on pending 

measure or amendment thereto, see 

PREVIOUS QUESTION 

Previous question, precedence of, over 

motion to amend, ch 2 § 9 

Pro forma amendments, see DEBATE 

Proponent of pending amendment may 

offer amendment to substitute 

therefor, ch 2 § 37 

Reading amendments— 

dispensing with reading by unanimous consent, motion, or special 

order of business, ch 2 § 27 

rereading amendments, ch 2 § 27 

substitute, amendment in nature of, 

ch 2 § 27 

Reading bill for amendment— 

appropriation bills, general, see APPROPRIATION BILLS 

Clerk ordinarily reads by sections or 

paragraphs in sequence in absence of rule or agreement to 

contrary, ch 2 § 15 

committee amendments considered 

when appropriate section read, 

ch 2 § 17 

dispensing with reading, ch 2 § 15 

en bloc amendments affecting subsequent portion offered by unanimous consent, ch 2 § 17 

en bloc amendments to appropriations 

bill, rule governing, ch 2 § 17 

general debate, amendments not in 

order in Committee of the 

Whole until after closing of, ch 

2 § 15 

new section, amendment offered as, 

ch 2 § 16 

offering amendments at proper point 

in the reading, ch 2 § 15 

open to amendment, bill considered 

as read and, by unanimous conAMENDMENTS—Continued 

Reading bill for amendment—Continued 

sent or special order of business, 

ch 2 § 18 

paragraphs or sections in sequence, 

Clerk ordinarily reads by, in absence of rule or agreement to 

contrary, ch 2 § 15 

passed in reading, text, amendments 

to, ch 2 § 16 

reread portion of bill, Chair has directed Clerk to, ch 2 § 16 

sections or paragraphs in sequence, 

Clerk ordinarily reads by, in absence of rule or agreement to 

contrary, ch 2 § 15 

timeliness, point of order as to, does 

not lie where Member offering 

amendment was seeking recognition in time, ch 2 § 16 

Record, Congressional, special order of 

business permitting only amendments as printed in, see SPECIAL 

ORDERS OF BUSINESS 

Recognition to offer— 

Chair, discretion of, ch 2 § 20 

Chair, recognition rests with, ch 2 

§ 20 

committee amendments considered 

before amendments offered from 

floor, ch 2 §§ 20, 29 

discretion of Chair, ch 2 § 20 

priorities in recognition, ch 2 § 20 

requirement of, ch 2 § 20 

Rejection of amendment, effect of previous consideration— 

different language, amendment raising 

same question by, may be in 

order, ch 2 § 44 

en bloc amendments, rejection of, 

does not preclude reoffering separately, ch 2 § 44 

form, amendment in different, may be 

in order, ch 2 § 44 

identical amendment not in order, ch 

2 § 44 

959 

INDEX 

AMENDMENTS—Continued 

Rejection of amendment, effect of 

previous consideration—Continued 

monetary figure, rejection of change 

in, does not preclude further 

amendment, ch 2 § 44 

portion of rejected amendment may 

be offered as separate amendment, ch 2 § 44 

similar but not identical amendment 

may be in order, ch 2 § 44 

substitute amendment, rejection of, 

does not preclude offering substance as separate amendment, 

ch 2 § 44 

Reoffering amendment in different form 

after it has failed of approval, ch 2 

§§ 6, 24 

Self-executing amendments, see SPECIAL ORDERS OF BUSINESS 

Senate amendments, see SENATE 

AMENDMENTS 

Senate measures, House amendments to, 

see SENATE MEASURES, 

HOUSE AMENDMENTS TO 

Special order of business authorizing 

proponent or designee to offer 

amendment, see SPECIAL ORDERS OF BUSINESS 

Stages of amendment, ch 2 §§ 13, 14 

Strike and insert, motion to— 

divisible, not, ch 2 §§ 4, 22, 23 

perfecting amendment, considered as, 

ch 2 §§ 4, 23 

strike, effect of pending or subsequent motion to, ch 2 §§ 4, 5 

voted on before motion to strike, ch 

2 §§ 4, 23, 31 

Strike, motion to— 

adoption of amendment inserting provision does not preclude motion 

to strike larger portion of text including provision, ch 2 § 39 

adoption of amendment to portion of 

text does not preclude vote on 

motion to strike entire text, ch 2 

§ 39 

AMENDMENTS—Continued 

Strike, motion to—Continued 

adoption of, effect of, ch 2 §§ 5, 40 

defeat of, effect of, ch 2 §§ 21, 44 

insert, motion to, may be pending at 

same time, ch 2 § 3 

perfecting amendment may be pending at same time, ch 2 §§ 2, 3, 

13, 14, 21 

perfecting amendments to section vitiated by adoption of motion to 

strike section, ch 2 § 40 

perfecting amendments voted on before motion to strike, ch 2 §§ 2- 

5, 21, 31 

previously adopted amendment, not in 

order to strike, ch 2 § 39 

reinsert stricken language, not in 

order to, ch 2 § 3 

rejection, effect of, ch 2 §§ 21, 44 

rejection of, does not preclude motion 

to strike same language and insert new provision, ch 2 § 44 

strike and insert, adoption of motion 

to, precludes vote on motion to 

strike affected portion, ch 2 § 40 

substitute for, not in order, ch 2 § 6 

substitute for perfecting amendment, 

not in order as, ch 2 §§ 6, 22, 23 

Substitute amendments— 

generally, ch 2 §§ 1, 13, 14, 24 

amendment in nature of substitute, 

distinguished from, ch 2 § 7 

amendment in nature of substitute, 

substitute for, in order, ch 2 

§§ 24, 32 

amendments to, number of, permitted 

to be pending, ch 2 §§ 13, 14 

germane to pending amendment, must 

be, ch 2 § 6 

identical to original text sought to be 

changed, language may not be, 

ch 2 § 6 

proponent of amendment may not 

offer substitute therefor, ch 2 § 6 

reoffering substitute amendment after 

defeat is not permitted except in 

960 

HOUSE PRACTICE 

AMENDMENTS—Continued 

Substitute amendments—Continued 

form presenting question not 

previously voted on, ch 2 § 24 

strike, substitute for motion to, not in 

order, ch 2 §§ 6, 23 

text, original, not a substitute for, ch 

2 § 24 

Substitute, amendments in nature of— 

adoption, effect of, ch 2 § 7 

amendments permitted while amendment in nature of substitute 

pending, ch 2 § 13 

committee amendments adding new 

sections disposed of prior to offering of, if bill consists only of 

one section, ch 2 § 19 

‘‘first amendment adopted’’ special 

order of business, ch 2 § 30 

form, ch 2 § 7 

offered after reading of first section 

or final section of bill, ch 2 §§ 7, 

19 

open to amendment at any point 

when read in entirety, ch 2 § 27 

original text, sometimes considered 

as, for purpose of amendment, 

ch 2 §§ 13, 14 

original text, procedure when considered as, for purpose of amendment, ch 2 § 27 

perfecting amendments to first section 

of bill disposed of before amendment in nature of substitute offered, ch 2 § 21 

perfecting amendments to original 

text, effect of adoption of, ch 2 

§ 19 

perfecting amendments to original 

text may be offered although 

amendment in nature of substitute pending, ch 2 § 13 

reading of, ch 2 § 27 

scope of, ch 2 § 7 

substitute amendment, distinguished 

from, ch 2 § 7 

substitute for, ch 2 § 24 

AMENDMENTS—Continued 

Substitute, amendments in nature of— 

Continued 

text of entire bill, amendment generally replaces, ch 2 § 7 

voted on after perfecting amendments 

to original text disposed of, ch 2 

§§ 7, 13, 32 

Substitute, amendments to— 

generally, ch 2 §§ 1, 13, 14 

Text of bill, amendments changing— 

original text, perfecting amendment 

to, may be offered although 

amendment in nature of substitute pending, ch 2 § 13 

perfecting amendments, ch 2 §§ 1, 2, 

13, 21 

strike text, motion to, voted on after 

perfecting amendments to text, 

ch 2 § 21 

substitute amendment may not propose language identical to original text, ch 2 § 6 

Title of bill, amendment to— 

Committee of the Whole, not in order 

in, ch 2 § 48 

passage of bill, not in order until 

after, ch 2 § 48 

‘‘Top vote getter’’ special order of business, reporting amendments to 

House under, ch 2 § 30 

Unfunded mandates, points of order 

against amendments containing, see 

BUDGET PROCESS 

Voting on amendments, order of— 

generally, ch 2 §§ 1, 28 

committee amendments, ch 2 § 28 

insert, motion to, voted on before motion to strike, ch 2 § 3 

new sections, amendments proposing 

to insert, considered after perfecting amendments to a section, 

ch 2 § 31 

perfecting amendments, no degrees of 

preference among, ch 2 § 31 

perfecting amendments voted on before motion to strike, ch 2 §§ 2- 

5, 21, 22, 31 

961 

INDEX 

AMENDMENTS—Continued 

Voting on amendments, order of— 

Continued 

special order of business, as affected 

by, ch 2 § 28 

substitute, amendment in nature of, 

voted on after perfecting amendments to original text, ch 2 § 32 

substitute for amendment voted on 

after amendments to amendment 

disposed of, ch 2 § 32 

substitute, immediate vote on amendment in nature of, after adoption 

of substitute therefor, ch 2 § 32 

Withdrawal of amendment— 

Committee of the Whole, in, ch 2 

§ 36; ch 59 § 1 

House or House as in Committee of 

the Whole, in, ch 2 § 36; ch 59 

§ 1 

reoffering amendment after, ch 2 

§ 36; ch 59 § 1 

unanimous consent required in Committee of the Whole, ch 2 § 36; 

ch 59 § 1 

Writing, requirement that amendment be 

in, ch 2 § 1 

Yield for amendment, Member holding 

floor under five-minute rule may 

not, ch 2 § 20 

Yielding for amendment in House— 

control of time, effect on, ch 2 § 25 

debate only, amendment may not be 

offered in time yielded for, ch 2 

§ 25 

permitted, ch 2 § 25 

APPEALS 

Adjournment, effect of, ch 3 § 7 

Chair, on rulings of— 

constitutionality of measure assessed 

by vote on merits, ch 3 § 3 

discretionary authority of Chair, matters within, not subject to appeal, 

ch 3 § 3 

order, on questions of, ch 3 § 2 

rule, applicable, ch 3 § 2 

APPEALS—Continued 

Committee of the Whole, appeals in, 

rarely reported to House, ch 12 

§ 18 

Conferees, appointment of, see CONFEREES OR MANAGERS 

Debate on, ch 3 §§ 1, 4 

Dilatory, as, ch 3 § 3 

Division of the question, see DIVISION 

OF THE QUESTION FOR VOTING 

Motions available during appeal— 

Committee of the Whole, in, ch 3 § 1 

House, in, ch 3 § 1 

limit debate, ch 3 § 1 

previous question, ch 3 § 1 

rise and report, ch 3 § 1 

table, ch 3 § 1 

Order, on questions of, ch 3 § 2 

Origin of right of appeal, ch 3 § 1 

Parliamentary inquiry, response to, not 

subject to appeal, ch 37 § 13 

Points of order, on— 

generally, ch 37 § 12 

Committee of the Whole, Chair of, 

appeal of ruling by, ch 37 § 12 

discretion of Chair, matters within, ch 

37 § 12 

Purpose of right of appeal, ch 3 § 1 

Timeliness of, ch 3 § 3 

Unfinished business, as, ch 3 § 7 

Vote on— 

Chair’s vote, ch 3 § 1 

merits of pending question not in 

issue, ch 3 § 1 

tie vote, effect of, ch 3 § 1 

Withdrawal of, ch 3 § 6; ch 59 § 4 

APPROPRIATION BILLS 

Administrative expenses of House, ch 4 

§ 4 

Annual appropriations— 

obligated during fiscal year, funds 

must be, ch 4 § 9 

Authorization— 

court judgment, appropriation to pay, 

ch 4 § 12 

962 

HOUSE PRACTICE 

APPROPRIATION BILLS— 

Continued 

Authorization—Continued 

defined, ch 4 §§ 5, 10 

discretion of official, specific, appropriation as affecting, see LEGISLATION ON APPROPRIATION BILLS 

implied, ch 4 § 12 

incidental expenses as authorized, ch 

4 § 12 

increases within authorized limits, ch 

4 § 14 

limits, authorized, increases within, 

ch 4 § 14 

‘‘necessary, such sums as are,’’ authorization allowing, ch 4 § 14 

necessity of, generally, ch 4 §§ 5, 10 

prior unauthorized appropriations, effect of, ch 4 § 12 

proof, burden of, as to authorization, 

see APPROPRIATIONS, UNAUTHORIZED 

rulings on appropriations subjected to 

points of order, see APPROPRIATIONS, UNAUTHORIZED 

sufficiency and modes of authorization, ch 4 § 12 

types and sufficiency of authorization, 

ch 4 § 12 

unauthorized appropriations, see APPROPRIATIONS, UNAUTHORIZED 

Aviation programs, funding floors for, 

ch 4 § 59a 

Budget authority to incur obligations, 

appropriation as providing, ch 4 § 3 

Committee of the Whole, consideration 

in— 

(see also COMMITTEE OF THE 

WHOLE) 

determining whether bill makes 

charge on Treasury, ch 4 § 61 

read for amendment by paragraph, 

general appropriation bills are, 

ch 4 § 63 

APPROPRIATION BILLS— 

Continued 

Committee of the Whole, consideration 

in—Continued 

required where bill directly or indirectly makes appropriation, ch 4 

§ 61 

Committee reports, see COMMITTEE 

REPORTS 

Conditions or contingencies, provisions 

attaching, to appropriations, see 

below, Limitation on use of funds 

(see also LEGISLATION ON APPROPRIATION BILLS) 

Constitutional prerogatives of House, 

see REVENUE LEGISLATION, 

PREROGATIVE OF HOUSE TO 

ORIGINATE 

Continuing appropriations— 

consideration pursuant to special 

order of business, unanimousconsent agreement, or motion to 

suspend rules, ch 4 § 75 

defined, ch 4 § 3 

general appropriation bill, not considered as, ch 4 § 72 

legislation or unauthorized appropriations, rule prohibiting, not applied to continuing appropriations, ch 4 § 72 

privileged, not called up as, ch 4 § 72 

Debate on— 

five-minute rule, general appropriation bills considered under, ch 4 

§ 63 

Enrollment, correction in, see ENROLLMENT 

Expenses, administrative, of House, ch 

4 § 4 

Expenses of committees, see COMMITTEES, STANDING 

Fiscal year, defined, ch 4 § 9 

Fiscal year, funds available beyond, 

must be expressly provided for, ch 

4 §§ 9, 11 

Floors, funding— 

aviation programs, ch 4 § 59a 

963 

INDEX 

APPROPRIATION BILLS— 

Continued 

Floors, funding—Continued 

Transportation Equity Act, under, ch 

4 § 59a 

General appropriations— 

authorization required, see APPROPRIATIONS, UNAUTHORIZED 

defined, ch 4 §§ 3, 6 

Holman rule, reducing amounts in bill 

under, see LEGISLATION ON 

APPROPRIATION BILLS 

legislation on appropriation bills, see 

LEGISLATION ON APPROPRIATION BILLS 

privileged, as, ch 4 §§ 3, 61 

read for amendment by paragraph, ch 

4 § 63 

reappropriations, see below 

report on bill, filing, ch 4 § 3 

supplemental bill as general bill, ch 4 

§ 3 

Germaneness of amendments, see GERMANENESS OF AMENDMENTS 

House as in Committee of the Whole, 

consideration in— 

special order of business, pursuant to, 

ch 4 § 61 

House, consideration in, after amendments adopted in Committee of the 

Whole are reported— 

separate votes on amendments, ch 4 

§ 63 

Legislation on appropriation bills, see 

LEGISLATION ON APPROPRIATION BILLS 

Legislative bill, appropriation on, see 

APPROPRIATION ON LEGISLATIVE BILL 

Limitation on use of funds— 

agency regulations, funds to carry 

out, ch 4 § 52 

authorized or unauthorized by existing law, discussion of amendments as, ch 4 §§ 50, 64 

burden of proof that provision is permissible limitation, ch 4 § 50 

APPROPRIATION BILLS— 

Continued 

Limitation on use of funds—Continued 

condition subsequent, provision that 

spending cease upon occurrence 

of, ch 4 § 56 

considered, when amendments in 

form of limitations may be, ch 4 

§ 50 

construction, strict, of rule permitting, 

ch 4 § 50 

contingent on future event, appropriation made, ch 4 § 56 

discretion of official, limitation may 

indirectly curtail, ch 4 § 53 

exceptions to valid limitations are in 

order if they do not add legislative language, ch 4 § 57 

increase in spending, purported limitation which results in, see LEGISLATION ON APPROPRIATION BILLS 

law, interpretation or implementation 

of, limitation as calling for, ch 4 

§ 55 

law, State, conditions relating to interpretation of, ch 4 § 57 

legislation, limitation as, see LEGISLATION ON APPROPRIATION BILLS 

‘‘made known’’ to officials, funds 

made available on condition information be, see LEGISLATION ON APPROPRIATION 

BILLS 

negative prohibition on use of funds 

distinguished from affirmative 

direction to officials, ch 4 § 54 

negative restriction or limitation as 

permitted, ch 4 §§ 34, 50, 51 

offered, when amendments may be, 

ch 4 §§ 50, 64 

partial restriction, ch 4 § 52 

policy, limitation may effect change 

in, ch 4 § 50 

recipients, qualifications of, limitation 

addressing, ch 4 § 58 

964 

HOUSE PRACTICE 

APPROPRIATION BILLS— 

Continued 

Limitation on use of funds—Continued 

reducing amount in bill, amendment, 

distinguished from limitation for 

purpose of rules governing consideration, ch 4 § 64 

regulations, agency, funds to carry 

out, ch 4 § 52 

retrenchment under Holman rule distinguished from, see LEGISLATION ON APPROPRIATION 

BILLS 

revenue measure, determining whether ‘‘limitation’’ constitutes, ch 4 

§ 50 

rulings, illustrative, permitting limitations on particular uses, ch 4 

§ 52 

tax or tariff measure, determining 

whether ‘‘limitation’’ constitutes, 

ch 4 § 50 

tests to determine whether provision 

constitutes permissible limitation, 

ch 4 § 50 

total expenditures, ceiling on, ch 4 

§ 51 

transportation obligation limitations, 

ch 4 § 52 

Monetary figures agreed to, changes 

in— 

‘‘Fetchback’’ amendments changing 

amounts in previous paragraphs, 

ch 2 § 42 

specific sum in amendment previously adopted may not be directly amended, ch 2 § 42 

unanimous consent, changing figures 

by, ch 2 § 43 

Permanent appropriations, current action 

by Congress with respect to, ch 4 

§§ 9, 11 

Points of order— 

amendments, against, ch 4 § 67 

Committee on Appropriations, division of allocation among subcommittees of, consideration of 

appropriation prior to, ch 7 § 9 

APPROPRIATION BILLS— 

Continued 

Points of order—Continued 

necessity of, for enforcement of rule 

prohibiting unauthorized appropriations and legislation on appropriation bills, ch 4 § 27 

paragraph, against all or portion of, 

ch 4 § 67 

reservation of, against amendments, 

ch 4 § 65 

reservation of, against bill, no longer 

necessary at time bill referred to 

Union Calendar, ch 4 § 65 

timeliness, ch 4 § 66 

waiver of (see also SPECIAL ORDERS OF BUSINESS; SUSPENSION OF RULES), ch 4 

§ 68 

Privileged status— 

general appropriations, ch 4 § 61 

special appropriations not privileged, 

ch 4 § 61 

Reading for amendment— 

new section, inserting, ch 4 § 63 

paragraphs, general appropriation bills 

read by, ch 4 § 63; ch 12 § 13 

passed in reading, paragraph, amendment to, ch 4 § 63 

sections, bill appropriating for specific purpose read by, ch 4 § 63 

Reappropriations— 

agency or department for which original funds were appropriated, 

transfers of unexpended balances 

within, as permitted, ch 4 § 60 

authorizing legislation as permitting 

reappropriations in some instances, ch 4 § 60 

exceptions to prohibition, ch 4 § 60 

general appropriation bills, rule prohibiting reappropriations is limited to, ch 4 § 60 

prior acts, unobligated balances of 

funds appropriated in, language 

making available, ch 4 § 60 

transfers of funds distinguished, ch 4 

§ 60 

965 

INDEX 

APPROPRIATION BILLS— 

Continued 

Reappropriations—Continued 

works in progress exception, ch 4 

§ 60 

Report, committee, see COMMITTEE 

REPORTS 

Rescissions, ch 4 § 35 

Revenue bills, power to originate, as encompassing appropriations, see 

REVENUE LEGISLATION, PREROGATIVE OF HOUSE TO 

ORIGINATE 

Special appropriations— 

defined, ch 4 § 3 

single department or agency, measure 

making appropriation for, not 

privileged, ch 4 § 74 

Supplemental appropriations— 

consideration of, in House as in Committee of the Whole, ch 4 § 75 

defined, ch 4 § 3 

general appropriation bills, considered 

as, where making appropriations 

for diverse agencies, ch 4 § 73 

Three-day layover requirement before consideration of bill— 

counting of ‘‘calendar days,’’ ch 4 

§ 62 

waiver of, ch 4 § 62 

Timetable for consideration of annual 

appropriation bills, ch 7 § 3 

Transfer of funds— 

legislation, language may not include, 

see LEGISLATION ON APPROPRIATION BILLS 

same bill, direct transfer within, may 

be permitted, ch 4 § 36 

Transportation obligations, funding floors 

for, ch 4 § 59a 

Trust funds, funds for, as permanent appropriations, ch 4 § 9 

Unauthorized appropriations, see APPROPRIATIONS, UNAUTHORIZED 

APPROPRIATION BILLS— 

Continued 

Voting on— 

separate vote in House on amendments adopted in Committee of 

the Whole, ch 4 § 63 

yeas and nays automatically ordered, 

ch 4 § 61 

APPROPRIATION ON 

LEGISLATIVE BILLS 

Amendments to bill, prohibition applies 

to, ch 4 § 76; ch 6 § 20 

Authorization, language of, distinguished from appropriation, ch 4 

§ 77 

Discharge, motion to, rule not applicable to bill taken from committee 

by, ch 4 § 76 

Points of order— 

‘‘at any time,’’ may be made, ch 2 

§ 34 

Committee of the Whole, should be 

raised in, ch 4 § 78 

debate on merits, may be raised after, 

ch 4 § 78 

portion of section, as directed against, 

ch 4 § 79 

reporting of bill, not to be raised 

against, ch 4 § 78 

timeliness, ch 2 § 34; ch 4 § 78 

waiver of, ch 4 § 78 

Private bills, rule not applicable to, ch 4 

§ 76 

Reported bills, rule relates to, ch 4 § 76 

Rule prohibiting, ch 4 § 76 

Rulings, illustrative, in application of 

rule, ch 4 § 77 

Senate amendment to legislative bill, 

see CONFERENCE REPORTS 

Senate bills or amendments between 

Houses, rule applicable to, ch 4 

§ 76 

966 

HOUSE PRACTICE 

APPROPRIATIONS, COMMITTEE 

ON, see COMMITTEES, 

JURISDICTION OF; 

COMMITTEES, STANDING 

APPROPRIATIONS, 

UNAUTHORIZED 

Agricultural programs, rulings on points 

of order against appropriations for, 

ch 4 § 16 

Amending language permitted to remain, see below, Perfecting provision permitted to remain 

Commerce or business, rulings on 

points of order against appropriations affecting, ch 4 § 17 

Defense programs, rulings on points of 

order against appropriations for, ch 

4 § 18 

Delaying appropriation ‘‘pending authorization’’ does not prevent point 

of order, ch 4 § 10 

District of Columbia, rulings on points 

of order against funding for, ch 4 

§ 19 

Environmental programs, rulings on 

points of order against appropriations for, ch 4 § 20 

Exceeding amount authorized, appropriation as, ch 4 § 14 

Foreign affairs, rulings on points of 

order against appropriations relating to, ch 4 § 21 

General appropriation bills, rule applies 

to, ch 4 § 10 

Increases of budget authority in excess 

of amount authorized, ch 4 § 14 

Interior or environmental programs, rulings on points of order against appropriations for, ch 4 § 20 

Legislative branch, rulings on points of 

order against funding for, ch 4 § 22 

Perfecting provision permitted to remain, test of whether amendment 

‘‘merely perfects,’’ ch 4 § 69 

Prior unauthorized appropriations, effect 

of, ch 4 § 12 

Precede appropriation, authorization 

must, ch 4 § 10 

APPROPRIATIONS, 

UNAUTHORIZED—Continued 

Proof, burden of, as to authorization— 

executive officials, compliance by, 

with conditions or requirements, 

ch 4 § 13 

proponent of amendment, ch 4 § 13 

proponent or manager of bill, ch 4 

§ 13 

Public works, rulings on points of order 

against funding for (see also below, 

‘‘Works-in-progress’’ exception), 

ch 4 § 24 

Rule prohibiting, ch 4 §§ 7, 10 

Rulings on appropriations subjected to 

points of order, generally (and see 

specific subject matter), ch 4 § 15 

Salaries and benefits, rulings on points 

of order against appropriations relating to, ch 4 § 23 

Senate amendments, see SENATE 

AMENDMENTS 

Sufficiency and modes of authorization, 

ch 4 § 12 

‘‘Works-in-progress’’ exception— 

applicability of, generally, ch 4 § 25 

definition of ‘‘work in progress,’’ ch 

4 § 26 

evidence of initiation of project, ch 4 

§ 25 

initiation of project, evidence as to, 

ch 4 § 25 

lapsed, not applicable where authorization has, ch 4 § 25 

reappropriations, see APPROPRIATION BILLS 

rulings as to whether particular 

projects were within exception, 

ch 4 § 26 

ASSEMBLY OF CONGRESS 

Clerk, duties of, ch 5 § 4 

Day of convening— 

appointment of day by joint resolution, ch 5 § 1 

constitutional provisions, ch 5 § 1 

emergency reconvening, ch 1 § 1; ch 

5 § 2; ch 45 § 3 

967 

INDEX 

ASSEMBLY OF CONGRESS— 

Continued 

Day of convening—Continued 

President’s authority exercised on extraordinary occasions, ch 5 § 1 

pro forma meetings at end of session, 

ch 5 § 1 

recall pursuant to adjournment resolution, ch 5 § 1 

Hour of meeting, establishing— 

adjourn to day and time certain, effect of motion to, ch 5 § 2 

changing hour of meeting, ch 5 § 2 

emergency reconvening, ch 1 § 1; ch 

5 § 2; ch 45 § 3 

privileged, initial resolution as, ch 5 

§ 2 

resolution, House may set hour by, ch 

5 § 2 

standing order, effect of, ch 5 § 2 

Legislative business, resumption of— 

consideration of major bill rarely occurs before adoption of rules, ch 

5 § 8 

old business pending at adjournment 

of preceding session is resumed 

in second or third session but not 

in new Congress, ch 5 § 8 

President’s state of the Union message, resumption of legislative 

business usually occurs after, ch 

5 § 8 

Members-elect, see CREDENTIALS; 

MEMBERS AND MEMBERSELECT; OATH 

Motions in order prior to adoption of 

rules, ch 5 § 7 

Oath to Members-elect, see OATH 

Parliamentary law, general, prior to 

adoption of rules House proceeds 

under, ch 5 § 7 

Place of meeting— 

consent of other House as necessary 

to change, ch 5 § 3 

constitutional provision, ch 5 § 3 

in hazardous circumstances, ch 5 § 3 

President, committee to notify, that 

House has assembled, ch 5 § 4 

ASSEMBLY OF CONGRESS— 

Continued 

Procedures under general parliamentary 

law prior to adoption of rules, ch 5 

§ 7 

Quorum, establishment of, ch 5 §§ 4, 5 

Rules, adoption of, see RULES OF 

THE HOUSE 

Rules, prior to adoption of, House proceeds under general parliamentary 

law, ch 5 § 7 

Second session, organizational business 

at beginning of, ch 5 § 5 

Senate, message to, that quorum of 

House established, ch 5 § 4 

Sergeant at Arms, role of, upon incapacity of Clerk, ch 5 § 4 

Speaker, election of, ch 5 § 4 

BELLS AND SIGNALS 

Changes in system announced, ch 10 § 3 

Malfunctions, ch 10 § 3; ch 58 § 20 

Meaning of the various signals, ch 58 

§ 20 

Quorum calls, used to alert Members to, 

ch 10 § 3; ch 58 § 20 

Voting alerts (see also VOTING), ch 58 

§ 20 

BILLS AND RESOLUTIONS 

Availability of report for three days, see 

COMMITTEE REPORTS 

Availability in electronic form, ch 11, 

§ 35 

Committee reports, see COMMITTEE 

REPORTS 

Concurrent resolutions, use of, ch 6 § 1 

Enacting clause, form of, ch 6 § 3 

Engrossment, see ENGROSSMENT 

Enrollment, see ENROLLMENT 

Form, ch 6 § 3 

Hopper, introduced by placing in, ch 6 

§ 6 

Introduction of— 

hopper, placed in, ch 6 § 6 

limit, no, on number of bills Member 

may introduce, ch 6 § 6 

968 

HOUSE PRACTICE 

BILLS AND RESOLUTIONS— 

Continued 

Introduction of—Continued 

‘‘request,’’ bills introduced by, ch 6 

§ 6 

Joint resolutions, use of, ch 6 § 1 

Layover requirement, see COMMITTEE 

REPORTS 

Legislation, general, bills used for purposes of, ch 6 § 1 

Page and line numbers— 

generally, ch 6 § 3 

changes after amendments, ch 6 § 3 

Preambles— 

amendments to, ch 6 § 5 

striking preamble, ch 6 § 5 

use of, ch 6 §§ 3, 5 

Private bills, see PRIVATE BILLS 

Prohibited, certain measures as— 

(see also specific topics, e.g., 

COMMEMORATIVE LEGISLATION, PROHIBITION AGAINST) 

commemorations, ch 6 § 23 

funding below specified level for 

transportation programs, ch 6 

§ 20 

public works, designation of, in honor 

of currently serving Members of 

Congress, ch 6 § 22 

tax or tariff measure in bill reported 

by committee other than Ways 

and Means, ch 4 § 50; ch 6 § 21 

tax rate increase, retroactive, ch 6 

§ 21 

‘‘Public’’ and ‘‘private’’ bills defined, 

ch 6 § 2 

Reading for amendment in Committee 

of the Whole, see AMENDMENTS; COMMITTEE OF THE 

WHOLE 

Reference, bills enacted by, see CONFERENCE 

Referral of, see REFERRAL OF 

BILLS, RESOLUTIONS, AND 

OTHER MATTER 

Resolving clauses, form of, ch 6 § 3 

BILLS AND RESOLUTIONS— 

Continued 

Section headings and subheadings, ch 6 

§ 3 

Simple resolutions, use of, ch 6 § 1 

Speaker, first ten numbers reserved for 

assignment by, ch 6 § 6 

Sponsors and cosponsors— 

adding names of cosponsors, ch 6 § 6 

cosponsors, adding names of, ch 6 § 6 

error in listing of name, ch 6 § 6 

falsely introduced in Member’s name, 

question of privilege arises 

where bill is, ch 6 § 6 

removal of name, ch 6 § 6 

signature of chief sponsor required, 

ch 6 § 6 

Titles— 

constitutional amendment, bill proposing, ch 6 § 4 

enacted statute, not considered part 

of, ch 6 § 4 

form, ch 6 § 4 

intent, legislative, evidence of, ch 6 

§ 4 

number, identifying, added, ch 6 § 3 

BUDGET PROCESS 

Allocations to committees— 

Appropriations, Committee on, divides allocation among subcommittees, ch 7 § 12 

point of order for breach of outlay or 

revenue level precluded where 

committee is within its allocation, ch 7 § 12 

Balanced Budget and Emergency Deficit Control Act, see below, 

Gramm-Rudman legislation 

Borrowing authority not subject to appropriations as violation of Budget 

Act, ch 7 § 15 

Budget and Accounting Act of 1921, 

passage of, ch 7 § 2 

Budget Control Act of 2011— 

background, ch 7 §§ 1, 24 

balanced budget amendment, vote on 

required by, ch 7 § 24 

969 

INDEX 

BUDGET PROCESS—Continued 

Budget Control Act of 2011— 

Continued 

debt limit, relationship to, ch 7 § 24 

discretionary spending caps under, ch 

7 § 24 

emergency designations under, see 

below, Emergency designation 

attached to funds in bill 

Joint Select Committee on Deficit Reduction, ch 7 § 24; ch 11 § 14 

Budget Enforcement Act, passage of, ch 

7 § 2 

‘‘Byrd rule’’ against extraneous matter, 

see below, Reconciliation 

Committee on the Budget— 

estimates by, to be relied on by Chair 

in ruling on points of order, ch 

7 § 12 

jurisdiction, ch 7 § 5 

Committee on Rules— 

oversight function of review of budget process, ch 7 § 5 

Committee reports— 

estimates, cost, required in, see 

below, Estimates required in 

committee reports 

Concurrent resolution on the budget— 

adoption of, must precede consideration of legislation affecting 

budget, ch 7 § 10 

amendments, consideration of, ch 7 

§§ 7, 8 

categories, functional, dividing Federal spending among, ch 7 §§ 7, 

8 

Committee of the Whole, consideration in, ch 7 §§ 7, 8 

conference report on budget resolution, see below, Conference report on budget resolution 

consideration, providing for, ch 7 § 7 

consistency, mathematical, among 

amendments, ch 7 § 8 

debate on, ch 7 § 7 

‘‘elastic’’ clause permitting provisions appropriate to purposes, ch 

7 § 7 

BUDGET PROCESS—Continued 

Concurrent resolution on the budget— 

Continued 

fiscal years, succeeding, budgetary 

levels for, ch 7 § 7 

mathematical consistency amendments, ch 7 § 8 

priorities, spending, establishes, ch 7 

§ 7 

privileged for consideration if reported, ch 7 § 7 

recommit, motion to, not in order, ch 

7 § 7 

reconsider, motion to, not in order, ch 

7 § 7; ch 47 § 12 

revision of, ch 7 § 6 

special orders of business for consideration, ch 7 § 7 

time for completion of action on, ch 

7 § 6 

vote by yeas and nays, ch 7 § 7 

Conference report on budget resolution— 

allocations to committees published 

in joint statement of managers, 

ch 7 § 12 

debate on, ch 7 § 9 

Congressional Budget Act— 

concurrent resolution on budget, 

adoption of, to precede legislation affecting budget, ch 7 § 10 

concurrent resolutions and reports, 

contents of, prescribed, ch 7 § 7 

Congressional Budget Office, see 

below, Congressional Budget Office 

debate on concurrent resolution, provisions regarding, see above, 

Concurrent resolution on the 

budget 

‘‘elastic’’ clause permitting provisions appropriate to purposes, ch 

7 § 7 

passage of, ch 7 § 2 

points of order created by, see below, 

Points of order under Budget Act 

reconciliation procedures, see below, 

Reconciliation 

970 

HOUSE PRACTICE 

BUDGET PROCESS—Continued 

Congressional Budget Office— 

analyses of economic data and programs, ch 7 § 5 

committees, reports provided to, on 

congressional action on bills, ch 

7 § 5 

costs arising from bills and resolutions, analyses of, ch 7 § 5 

established, ch 7 § 2 

report, annual, to Budget Committees 

includes discussion of economic 

policy and budget priorities, ch 7 

§ 6 

unfunded mandates, estimates related 

to, see below, Unfunded mandates 

Contract authority, new, required to be 

effective only as provided in appropriation Acts, ch 7 § 15 

CUTGO— 

estimates under, ch 7 § 3 

emergency designations under, ch 7 

§ 3 

reconciliation directives, application 

to, ch 7 §§ 3, 11 

special orders of business linking 

measures under, ch 7 § 3 

Debate, see above, Concurrent resolution on the budget 

Debt, public, limit on— 

amendment to budget resolution to 

change, restriction on, ch 7 § 8 

budget resolution sets forth appropriate level, ch 7 § 18 

changes in, ch 7 § 18 

reconciliation directives as to, ch 7 

§ 18 

‘‘Deem’’ budget resolution as in force, 

resolutions to, for purposes of 

points of order, ch 7 § 12 

Deferrals— 

congressional disapproval of, procedures for, ch 7 § 21 

defined, ch 7 § 19 

President’s role in proposing deferral, 

ch 7 § 21 

BUDGET PROCESS—Continued 

Deferrals—Continued 

purposes specified in law, ch 7 § 21 

report by Comptroller General of unauthorized deferral, ch 7 § 21 

veto, legislative, procedure held to be 

unconstitutional, ch 7 § 21 

Direct spending— 

borrowing authority, new, ch 7 § 15 

contract authority, new, ch 7 § 15 

defined, ch 7 § 14 

entitlement authority, new, what constitutes, ch 7 § 16 

Gramm-Rudman restrictions on, ch 7 

§§ 14-16 

Supplemental Nutrition Assistance 

Program, ch 7 §§ 14, 16 

Discharge bills providing certain new 

entitlement authority from Union 

Calendar, Speaker’s authority to, 

for referral to Committee on Appropriations, ch 9 § 7 

Earmarks, see EARMARKS 

Emergency designation attached to 

funds in bill— 

effects generally, ch 7 § 12 

effects under the Budget Control Act 

of 2011, ch 7 § 24 

effects under the CUTGO rule, ch 7 

§ 3 

effects under Stat-Paygo, ch 7 § 4 

Entitlement authority, new, see above, 

Direct spending 

Estimates by committees of new budget 

authority and outlays— 

Budget, Committee on the, role of estimates provided by, ch 7 §§ 3, 

4, 12 

time for reports, ch 7 § 6 

Estimates required in committee reports— 

five-year cost estimates, ch 7 § 5 

new budget authority, effect of measure providing, ch 7 § 5 

point of order where report does not 

contain required estimates, ch 7 

§ 5 

971 

INDEX 

BUDGET PROCESS—Continued 

Estimates required in committee 

reports—Continued 

revenues, effect of change in, ch 7 § 5 

Fiscal year, defined, ch 7 § 6 

Floors, funding, for transportation obligations, see APPROPRIATION 

BILLS 

Germaneness, Senate rulings on, see 

SENATE, PRACTICE IN 

Gramm-Rudman legislation— 

deadlines for stages in budget process, provisions as to, ch 7 § 6 

deficit targets, ch 7 § 2 

direct spending, restrictions on, ch 7 

§ 14 

discretionary spending, limits on, ch 

7 § 14 

emergency designation, see above, 

Emergency designation attached 

to funds in bill 

mandatory spending, restrictions on, 

ch 7 § 14 

passage of, ch 7 § 2 

provisions of, generally, ch 7 § 2 

sequestration under, see below, Sequestration 

History, legislative, ch 7 § 2 

Impoundment— 

congressional authorization, ch 7 § 19 

court rulings, ch 7 §§ 19-21 

deferral of budget authority, see 

above, Deferrals 

passage of Impoundment Control Act, 

ch 7 § 2 

rescissions proposed by President, ch 

7 § 20 

Line Item Veto Act— 

constitution, held to violate presentment clause of, ch 57 § 8 

history and use, ch 57 § 8 

Office of Management and Budget— 

creation of, ch 7 § 2 

President’s budget, assistance in submission of, ch 7 § 2 

sequestration triggered by reports, see 

below, Sequestration 

BUDGET PROCESS—Continued 

Office of Management and Budget— 

Continued 

Stat-Paygo, responsibilities under, ch 

7 § 4 

Oversight plans, submission of, by committees, ch 7 § 6 

PAYGO, see above, CUTGO; see 

below, Stat-Paygo 

Points of order under Budget Act— 

(see also POINTS OF ORDER) 

affirmative assertion of, as necessary, 

ch 7 § 2 

allocations of committees, against 

legislation exceeding, ch 7 § 2 

allocation, where committee reporting 

measure is within, ch 7 § 12 

borrowing authority, new, ch 7 § 15 

conference reports, against, see CONFERENCE REPORT 

consideration of budget subject matter, ch 7 § 5 

consideration of legislation affecting 

budget, adoption of concurrent 

resolution on budget must precede, ch 7 § 10 

contract authority, new, ch 7 § 15 

direct spending, restrictions on, ch 7 

§§ 14-16 

enforcement of Act’s provisions, 

mechanism for, ch 7 §§ 2, 12 

emergency designation attached to 

funds, effect of, see above, 

Emergency designation attached 

to funds in bill 

entitlement authority, new, that becomes effective in current fiscal 

year, ch 7 § 16 

estimates by Committee on the Budget, Chair to rely on, in making 

rulings, ch 7 § 12 

new budget authority set forth in 

budget resolution, measures exceeding, ch 7 § 12 

outlays exceeding level set forth in 

budget resolution, ch 7 § 12 

972 

HOUSE PRACTICE 

BUDGET PROCESS—Continued 

Points of order under Budget Act— 

Continued 

revenues below levels set forth in 

budget resolution, measures contemplating, ch 7 § 12 

rules of the House, provisions creating points of order are considered, ch 7 § 12 

unfunded mandates, points of order 

against, see below, Unfunded 

mandates 

waivers of (see also SPECIAL ORDERS OF BUSINESS), ch 7 

§§ 10, 12 

President, submission of budget by— 

time for, ch 7 § 6 

Reconciliation— 

‘‘Byrd rule’’ as to extraneous matter 

can be directed against matter 

originating with House, ch 7 

§ 11 

committees, instructions to, to recommend changes in existing law 

to achieve objectives, ch 7 § 11 

conferees, appointment of, see CONFEREES OR MANAGERS 

CUTGO rule, application to, ch 7 

§§ 3, 11 

debt, public, changes in limit on, ch 

7 § 18 

deficit, restrictions on measures increasing, ch 7 § 11 

privileged, reconciliation bill may be 

reported as, ch 7 § 11 

special orders of business providing 

for consideration, ch 7 § 11 

timetable for completion of action on 

reconciliation legislation, ch 7 

§ 6 

Sequestration— 

effect, ch 7 § 14 

modification of, ch 7 § 14 

President, role of, ch 7 § 14 

procedures, ch 7 § 14 

purpose, ch 7 § 14 

rescinded, order was, as part of reconciliation, ch 7 § 14 

BUDGET PROCESS—Continued 

Sequestration—Continued 

suspension of, ch 7 § 14 

timing, ch 7 § 14 

trigger under the Budget Control Act 

of 2011, ch 7 § 24 

Social Security program— 

exempt from reconciliation, ch 7 §§ 2, 

17 

new budget authority, receipts and 

disbursements not counted as, ch 

7 § 17 

Stat-Paygo— 

background and history, ch 7 § 4 

determination of budgetary effects of 

legislation under, ch 7 § 4 

emergency designations under, ch 7 

§ 4 

Statutory framework, generally, ch 7 

§§ 2, 4, 24 

Timetable for stages of budget process, 

ch 7 § 6 

Unfunded mandates— 

committee responsibilities, ch 56 § 3 

Congressional Budget Act, purpose of 

provisions of, generally, ch 56 

§ 1 

Congressional Budget Act, provisions 

of, permitting points of order, ch 

7 § 22 

cost estimates, ch 56 § 3 

debate on points of order, ch 56 § 5 

definitions, ch 56 § 2 

estimates provided by Congressional 

Budget Office, ch 56 § 3 

intergovernmental mandate, ch 56 § 2 

points of order to prevent consideration of, ch 7 § 22; ch 56 §§ 1, 

4 

private sector mandate, ch 56 § 2 

waiver of points of order against, provisions restricting, ch 7 § 19; ch 

56 § 5 

vote on question of consideration, 

points of order disposed of by, 

rather than by Chair’s ruling, ch 

56 § 5 

973 

INDEX 

BUDGET PROCESS—Continued 

Veto, line item, see above, Line Item 

Veto Act 

Waiver of points of order under Budget 

Act, see above, Points of order 

under Budget Act 

CALENDARS 

Committee action on measure, completion of, referral to calendar upon, 

ch 9 § 1 

Correction of error in referral to calendar, ch 9 § 3 

Corrections Calendar— 

Speaker’s authority, ch 9 § 5 

vote, three-fifths, for passage of bills, 

ch 9 § 5 

Discharge Calendar, see DISCHARGING MEASURES FROM 

COMMITTEES 

Discharge of bill from calendar— 

referrals to committees, sequential, 

for purposes of, ch 9 § 4 

Erroneous referral to calendar, ch 9 § 3 

House Calendar— 

bills not raising revenue or requiring 

appropriations referred to, ch 9 

§ 1 

Private Calendar, see PRIVATE BILLS 

Purpose generally, ch 16 § 5 

Referrals to calendars— 

erroneous referral to calendar, ch 9 

§ 3 

reported favorably, measures, ch 9 § 2 

reported improperly, recommittal of 

measures, ch 9 § 2 

reported unfavorably, measures, ch 9 

§ 2 

Removal of bill from calendar— 

referrals to committees, sequential, 

for purposes of, ch 9 § 4 

Union Calendar— 

appropriating money or property, 

bills, referred to, ch 9 § 1 

Committee of the Whole, bills considered in, ch 9 § 1 

CALENDARS—Continued 

Union Calendar—Continued 

expenses to government, bills authorizing activities which incur, ch 9 

§ 1 

revenue, bills raising, ch 9 § 1 

CALENDAR WEDNESDAY 

Amendments to bill, ch 8 § 8 

Authorization by committee to call up 

bill, ch 8 § 6 

Availability of bill and report, ch 8 § 6 

Business not in order during Calendar 

Wednesday procedures, ch 8 § 2 

Calling up bill under Calendar Wednesday procedure, ch 8 § 1 

Call of committees, procedure for calling up bills during, ch 8 § 5 

Committee, form of remarks by member 

in calling up bill at direction of, ch 

8 § 1 

Committee of the Whole, consideration 

in, ch 8 § 3 

Consideration, raising question of, ch 8 

§ 7 

Debate in Committee of the Whole, ch 

8 § 8 

Debate in the House under hour rule, ch 

8 § 8 

Dispensing with, ch 8 § 11 

Form of remarks used by member in 

calling up bill at direction of committee, ch 8 § 1 

Precedence of Calendar Wednesday 

business, ch 8 §§ 2, 4 

Previous question— 

adjournment after ordering, effect of, 

ch 8 § 10 

prior day’s business, effect where 

previous question was ordered 

on, ch 8 § 10 

Private bills not eligible, ch 8 § 2 

Privileged bills not eligible for consideration under Calendar Wednesday 

procedures, ch 8 § 2 

Procedure for calling up bills during call 

of committees, ch 8 §§ 1, 5 

974 

HOUSE PRACTICE 

CALENDAR WEDNESDAY— 

Continued 

Unfinished business, consideration of, 

on Calendar Wednesday, ch 8 § 9 

Unprivileged bills considered, ch 8 §§ 1, 

2 

Withdrawal of bill after being called up, 

ch 8 § 6 

CALL OF THE HOUSE, see 

QUORUMS 

CELLULAR TELEPHONES 

Use of, prohibited in galleries, ch 10 § 3 

CENSURE OF MEMBER, see 

ETHICS 

CHAMBER AND ROOMS OF 

HOUSE 

Corridors leading to Chamber, control 

of, ch 10 § 4 

Disorder in Capitol, see DECORUM; 

DEBATE; GALLERIES 

Galleries, see GALLERIES 

Hall, use of— 

floor, privileges of, see FLOOR, 

PRIVILEGES OF 

rule as to permissible uses, ch 10 § 1; 

ch 16 § 61 

Speaker, authority of, ch 10 § 1 

Photographs in Chamber, see PHOTOGRAPHS IN CHAMBER 

Rooms— 

appropriated, use of, ch 10 § 1 

resolutions assigning, as privileged, 

ch 10 § 1 

unappropriated, use of, ch 10 § 1 

CHAPLAIN 

Continuance in office, ch 35 § 1 

Duties, ch 35 § 1 

Guest chaplain, ch 16 § 50; ch 35 § 1 

CHIEF ADMINISTRATIVE 

OFFICER 

Role of, ch 35 § 1 

CLERK OF THE HOUSE 

Acting Clerk, designation of, ch 35 § 1 

Assembly of Congress, organizational 

duties at, ch 5 § 4; ch 35 § 1; ch 37 

§ 2 

Continuance in office, ch 35 § 1 

Deputy Clerk designated to act in event 

of Clerk’s absence or disability, ch 

35 § 1 

Duties of, ch 35 § 1 

Organization of new Congress, duties 

related to, ch 5 § 4; ch 35 § 1; ch 

37 § 2 

Points of order, rules on, prior to election of Speaker, ch 37 § 2 

CODE OF OFFICIAL CONDUCT, 

see ETHICS 

COMMEMORATIVE 

LEGISLATION, PROHIBITION 

AGAINST 

Definition, ch 6 § 23 

Rule stating prohibition, ch 6 § 1; ch 16 

§ 1 

Waiver of rule, ch 6 § 23 

COMMISSIONS 

Select committees, distinguished from, 

ch 11 § 1 

Statute, created by, ch 11 § 2 

COMMIT, MOTION TO 

Previous question, pending or after ordering— 

amendments to, ch 48 § 9 

application of, to particular items of 

business, ch 48 § 10 

debate on, ch 48 § 12 

instructions in, ch 48 §§ 9, 17 

recognition to offer, ch 48 § 11 

time for offering, ch 48 § 9 

Recommit, see RECOMMIT, MOTION 

TO; RECOMMIT WITH INSTRUCTIONS, MOTION TO 

975 

INDEX 

COMMITTEE OF THE WHOLE 

Adjourn, motion to, not in order in (see 

also ADJOURNMENT), ch 1 § 4 

Amendment, reading for, see AMENDMENTS 

Amendments, changing order of consideration of, barred if requiring material modification of special order of 

business, see SPECIAL ORDERS 

OF BUSINESS 

Appropriations of money or property, 

public bills making, considered in 

(see also APPROPRIATION

BILLS), ch 12 §§ 2, 3 

Authority, limitations on, ch 12 § 2 

Chair— 

appointed by Speaker, ch 12 § 7 

authority, limitations on, ch 12 § 8 

duties, ch 12 §§ 7, 16 

order, decides questions of, ch 12 

§ 18 

order, maintaining, see, e.g., DECORUM; WORDS, UNPARLIAMENTARY 

Committees, standing, distinguished 

from, ch 11 § 1 

Conference reports not considered in, ch 

12 § 2 

Consideration in, matters requiring— 

appropriations of money or property, 

ch 12 §§ 2, 3 

bills, specific types of, consideration 

of, ch 12 § 3 

‘‘hereby’’ considered as adopted, effect of special order of business 

providing that measure is, ch 12 

§ 4 

revenue, bills raising, ch 12 §§ 2, 3 

Senate amendments, subject matter 

of, may require consideration in 

Committee of the Whole, ch 12 

§ 4 

special order of business as waiving 

requirement, ch 12 § 3 

unanimous-consent agreement may 

waive requirement, ch 12 § 3 

Debate, see DEBATE 

COMMITTEE OF THE WHOLE— 

Continued 

Enacting clause, motions relating to, see 

ENACTING CLAUSE, MOTION 

RELATING TO 

Historical background, ch 12 § 1 

House as in Committee of the Whole, 

distinguished, ch 12 § 1 

Jurisdiction— 

appropriations of money or property, 

public bills making, ch 12 § 2 

revenue, bills raising, ch 12 § 2 

rule specifying matters requiring consideration in Committee of the 

Whole, ch 12 § 3 

Mace, position of, significance of, ch 12 

§ 1 

Motions that are not in order in, ch 12 

§§ 2, 20 

Motions, use of— 

generally, ch 12 § 20 

precedence of motions, ch 12 § 21 

prohibited motions, ch 12 §§ 2, 20 

recommending House action, ch 12 

§§ 20, 22 

rise and report, motion to, see below, 

Rise and report, motion to 

rise, motion to, see below, Rise, motion to 

withdrawal of motion, ch 12 § 20 

writing, demand that motion be in, ch 

12 § 20 

Motion to resolve into— 

amendable, not, ch 12 § 6 

debatable, not, ch 12 § 6 

precedence of ch 12 § 6 

rejection, effect of, ch 12 § 6 

withdrawal of, ch 12 § 6 

Originating measures, restriction on, ch 

12 § 2 

Postponement by Chair of requests for 

recorded votes, see VOTING 

Prohibitions on use of certain procedures and motions in, ch 12 §§ 2, 

20 

Points of order, see POINTS OF 

ORDER 

976 

HOUSE PRACTICE 

COMMITTEE OF THE WHOLE— 

Continued 

Quorum in— 

general debate, point of no quorum 

during, ch 12 § 9 

previously established on same day, 

effect where quorum was, ch 12 

§ 9 

procedure following point of order of 

no quorum, ch 12 § 9 

rule governing, ch 12 §§ 1, 9 

vote taken in absence of quorum, ch 

12 § 9 

Reading of bill— 

appropriation bill, general, ch 12 § 13 

considered as read, where bill is, ch 

12 § 13 

dispensing with, ch 12 § 10 

first reading, ch 12 § 10 

sections, by, ch 12 § 13 

Recommittal of bill to, ch 12 §§ 2, 30 

Reconsider, motion to, not in order in, 

ch 16 § 56 

Reporting amendments to House after 

adoption, see below, Rise and report, motion to; see also AMENDMENTS 

Report to House of proceedings, see 

below, Rise and report, motion to 

Resolving into— 

automatically resolving into Committee of the Whole, ch 12 § 5 

motion, by, see above, Motion to resolve into 

Speaker, declaration by, ch 12 § 5 

special order of business, by, ch 12 

§ 5 

Revenue, bills raising, considered in, ch 

12 §§ 2, 3 

Rise and report, motion to— 

adverse recommendation, ch 12 § 30 

amend, precedence of motion to, over 

motion to rise and report, ch 2 

§ 9 

appropriation bill, general, precedence 

of motion after reading of, ch 12 

§ 21 

COMMITTEE OF THE WHOLE— 

Continued 

Rise and report, motion to—Continued 

House, report to, ch 12 §§ 29, 30 

pending specified procedures, motion 

may be made, ch 12 § 27 

quorum required on affirmative vote, 

ch 12 § 26 

recommendations that may be included, ch 12 § 26 

report by Chair as official account of 

proceedings in Committee of the 

Whole, ch 12 § 29 

report, receipt of, in House, ch 12 

§§ 29, 30 

time for making, ch 12 § 27 

withdrawn by unanimous consent, ch 

12 § 26 

writing, demand that motion be in, ch 

12 § 26 

Rise, motion to— 

amend, precedence of motion to rise 

over motion to, ch 2 § 9 

debate time remaining on amendment, 

effect of adoption of motion to 

rise on (see also DEBATE), ch 

16 § 59 

form, ch 12 § 26 

interrupting Member who holds floor 

not permitted, ch 12 § 28 

manager or Member to whom manager yields, motion may be offered during general debate by, 

ch 12 § 28 

offered by manager or Member to 

whom manager yields, motion 

may be, during general debate, 

ch 12 § 28 

offering motion, ch 12 § 28 

pending specified procedures, motion 

may be made, ch 12 § 27 

precedence of, ch 12 § 21 

quorum, in order after announcement 

of absence of, ch 12 § 9 

quorum not required for adoption, ch 

12 § 26 

special order of business precluding 

repetition after rejection, see 

977 

INDEX 

COMMITTEE OF THE WHOLE— 

Continued 

Rise, motion to—Continued 

SPECIAL ORDERS OF BUSINESS 

time for making, ch 12 §§ 27, 28 

withdrawn by unanimous consent, ch 

12 § 26 

writing, demand that motion be in, ch 

12 § 26 

Rising without motion— 

automatic rising pursuant to special 

order of business or House 

order, ch 12 § 25 

informal rising by unanimous consent 

or at Chair’s direction, ch 12 

§ 25 

Senate amendment, subject matter of, 

may require consideration in Committee of the Whole (see also SENATE AMENDMENTS), ch 12 § 4; 

ch 51 § 9 

Special order of business, modification 

of, see SPECIAL ORDERS OF 

BUSINESS 

Special orders of business, consideration 

pursuant to, see SPECIAL ORDERS OF BUSINESS 

Text of bill as referred to committees 

governs referral to Union Calendar, 

ch 12 § 2 

Unanimous-consent requests in, see 

UNANIMOUS CONSENT 

Unfinished business, see UNFINISHED 

BUSINESS 

Voting (see also VOTING), ch 12 § 17 

COMMITTEE REPORTS 

Additional views, filing, ch 11 § 32 

Adverse reports, ch 11 §§ 28, 31 

Amendments, reporting bill with, ch 11 

§ 28 

Appropriations, report from committee 

on— 

requirements as to, ch 11 §§ 29, 30 

unauthorized appropriations and 

changes in existing law, inclusion of, ch 4 § 8 

COMMITTEE REPORTS—Continued 

Authorization by committee to report 

measure, ch 11 § 28 

Availability for three days, requirement 

of, ch 11 § 35 

Budget Act, under, see BUDGET 

PROCESS 

Calendars, referral to, ch 11 § 31 

Calling up reports, ch 11 § 34 

‘‘Clean’’ bill, introduction of, ch 11 

§ 28 

Contents of, ch 11 §§ 28, 29 

Correction of errors in, ch 11 §§ 28, 30, 

31 

Duty of chair to report measure approved by committee, ch 11 § 28 

Errors in, correction of, ch 11 §§ 28, 30, 

31 

Filing reports— 

nonprivileged reports, ch 11 § 33 

privileged reports, ch 11 §§ 33, 34 

time for filing, extension of, ch 11 

§ 33 

Form of, ch 11 § 29 

Germaneness issues, use of committee 

reports in determining, see GERMANENESS OF AMENDMENTS 

Layover requirement, ch 11 § 35 

Minority views, filing, ch 11 § 32 

Points of order against— 

availability requirement, noncompliance with, ch 11 §§ 35, 36 

constitutional authority, failure to include statement as to, ch 11 § 36 

cost estimate, failure to include, ch 11 

§ 36 

failure of report to include certain 

matters, ch 11 § 36 

House, made in, ch 11 § 36 

layover requirement, noncompliance 

with, ch 11 §§ 35, 36 

mandates, Federal, failure to include 

statement on cost of, ch 11 § 36 

oversight findings, failure to include, 

ch 11 § 36 

performance goals and objectives, 

failure to include, ch 11 § 36 

978 

HOUSE PRACTICE 

COMMITTEE REPORTS—Continued 

Points of order against—Continued 

quorum in committee, lack of, ch 11 

§§ 23, 36 

Ramseyer rule, noncompliance with, 

see RAMSEYER RULE 

recommittal of bill for failure to comply with House rules, ch 11 § 28 

timeliness of, ch 11 § 23 

votes on measures, deficiencies in 

record of, ch 11 §§ 15, 36 

waiver of (see also SPECIAL ORDERS OF BUSINESS; UNANIMOUS CONSENT), ch 11 

§§ 35, 36 

Privileged reports— 

committees that may report at any 

time, table listing, ch 11 § 34 

filed from floor at any time, ch 11 

§§ 31, 34 

subject matter accorded privilege, ch 

11 § 34 

unprivileged reports distinguished 

from, ch 11 § 34 

Quorum required in committee to authorize report, ch 11 § 22 

Printing, ch 11 § 31 

Ramseyer rule, see RAMSEYER RULE 

Referral to Calendars, ch 11 § 31 

Rule requiring that written report accompany bill, ch 11 § 28 

Special order of business reported from 

Committee on Rules, see SPECIAL 

ORDERS OF BUSINESS 

‘‘Star print,’’ ch 11 §§ 30, 31 

Supplemental reports, ch 11 §§ 28, 30, 

31 

Supplemental views, ch 11 § 32 

Tax measures, contents of reports on, ch 

11 § 29 

Three-day availability requirement, ch 

11 § 35 

COMMITTEES, JURISDICTION OF 

Agreement, informal, between committees as to jurisdiction, ch 11 § 8 

Appropriations, Committee on— 

appropriations, ch 4 § 8 

COMMITTEES, JURISDICTION 

OF—Continued 

Appropriations, Committee on— 

Continued 

deferrals or rescissions of appropriated funds, ch 4 § 8 

general appropriation bills, ch 4 § 8 

Holman rule, retrenchments under, ch 

4 § 48 

new spending authority, ch 4 § 8 

rescissions or deferrals of appropriated funds, ch 4 § 8 

retrenchments under Holman rule, ch 

4 § 48 

transfers of unexpended balances, ch 

4 § 8 

Budget, Committee on the, see BUDGET PROCESS 

Committees, table showing, with jurisdiction and historical background, 

ch 11 § 11 

Conferees, as related to appointment of, 

see CONFEREES OR MANAGERS 

Conferral of jurisdiction by House, ch 

11 § 8 

District of Columbia business, see DISTRICT OF COLUMBIA BUSINESS 

Ethics, Committee on, see ETHICS 

Historical background, table showing jurisdiction and, of standing committees, ch 11 § 11 

House Administration, Committee on— 

committees, standing, expenses of, ch 

4 § 4 

election contests, see ELECTION 

CONTESTS AND DISPUTES 

Judiciary, Committee on the, jurisdiction over reapportionment vested 

in, see ELECTIONS 

Referral of measures to committees, see 

REFERRAL OF BILLS, RESOLUTIONS AND OTHER MATTERS 

Rule relating to, ch 11 § 8 

Rules, jurisdiction of Committee on, 

over resolution prescribing special 

979 

INDEX 

COMMITTEES, JURISDICTION 

OF—Continued 

order of business, see SPECIAL 

ORDERS OF BUSINESS 

Subject matter— 

appropriations, ch 4 § 8 

committees, expenses of, ch 4 § 4 

committees, table showing jurisdiction of, ch 11 § 11 

deferrals or rescissions of appropriated funds, ch 4 § 8 

elections, see ELECTIONS; ELECTION CONTESTS AND DISPUTES 

Holman rule, retrenchments under, ch 

4 § 48 

House committee and administrative 

expenses, ch 4 § 4 

new spending authority, ch 4 § 8 

rescissions or deferrals of appropriated funds, ch 4 § 8 

revenue measures, ch 4 § 50 

special orders of business, see SPECIAL ORDERS OF BUSINESS 

table showing jurisdiction of committees, ch 11 § 11 

tariff measures, ch 4 § 50; ch 6 § 21 

tax measures, ch 4 § 50; ch 6 § 21 

transfers of unexpended balances, ch 

4 § 8 

Table showing standing committees, jurisdiction, and historical background, ch 11 § 11 

Ways and Means, Committee on— 

revenue measures, ch 4 § 50; ch 6 

§ 21 

tariff measures, ch 4 § 50; ch 6 § 21 

tax measures, ch 4 § 50; ch 6 § 21 

COMMITTEES, STANDING 

Access, Member’s, to records and files, 

see below, Records and files 

Budget, Committee on the, see BUDGET PROCESS 

Chairs of committees— 

duties of, ch 11 §§ 6, 28 

election of, ch 11 § 4 

COMMITTEES, STANDING— 

Continued 

Chairs of committees—Continued 

limitation on tenure, ch 11 § 4 

powers of, ch 11 § 6 

role of, ch 11 § 6 

vacancy in position of chair, ch 11 

§ 4 

Committees, table listing, with jurisdiction and antecedents, ch 11 § 11 

Composition of, ch 11 § 5 

Conference committees, distinguished, 

ch 11 § 1 

Election of Members to— 

caucus and selection committee, role 

of, ch 11 § 4 

chair, selection of, see above, Chairs 

of committees 

privileged, resolutions as, when submitted by direction of party caucuses, ch 11 § 4 

procedures generally, ch 11 § 4 

resolutions electing majority and minority Members, ch 11 § 4 

Employees of, see below, Staff of 

Establishing committees, ch 11 § 2 

Ethics, Committee on— 

(see also ETHICS) 

party representation on, ch 11 § 5; ch 

25 § 3 

Executive session— 

quorum required to close session or 

release testimony, ch 11 § 16 

release of testimony taken in, ch 11 

§ 16 

testimony taken in, use of, ch 11 § 16 

Expense resolutions, primary and supplemental, to authorize payment of 

expenses of, ch 11 § 3 

Expenses of Committee on Appropriations, funds for, appropriated pursuant to statute, ch 11 § 3 

Expenses of Committees, resolution 

funding, privileged report from 

Committee on House Administration on, ch 4 § 4 

Functions of committees, generally, ch 

11 § 1 

980 

HOUSE PRACTICE 

COMMITTEES, STANDING— 

Continued 

Funding for, resolutions providing, ch 4 

§ 4 

Hearings— 

announcement of, ch 11 § 19 

defame, degrade or incriminate, testimony tending to, procedures relating to, ch 11 § 20 

media coverage, ch 11 § 27 

open or closed, ch 11 § 20 

purposes, ch 11 § 19 

testimony or evidence tending to defame or incriminate, procedures 

relating to, ch 11 § 20 

transcripts, contents of and access to, 

ch 11 § 16 

uses, ch 11 § 19 

witnesses, see below, Witnesses 

Historical background, ch 11 § 11 

Investigative authority— 

court rulings as to validity or proper 

exercise of, ch 11 § 10 

Ethics, Committee on, see ETHICS 

limitations on, ch 11 § 10 

necessary or appropriate investigations, ch 11 § 10 

obstruction of committee investigation, ch 11 § 10 

scope and subject matter, ch 11 § 10 

subpoenas, refusal to comply with, 

see CONTEMPT 

Jurisdiction of, see COMMITTEES, JURISDICTION OF 

Meetings— 

additional meetings, calling, ch 11 

§ 17 

time of, fixing, ch 11 § 17 

Oversight function— 

general and special oversight distinguished, ch 11 § 9 

Legislative Reorganization Act, provisions of, ch 11 § 9 

table listing committees, jurisdiction, 

and oversight functions, ch 11 

§ 11 

Party representation on committees, ch 

11 § 5 

COMMITTEES, STANDING— 

Continued 

Procedure in committees— 

adoption of rules by committee, ch 11 

§ 15 

debate and consideration, ch 11 § 18 

meetings, fixing time of, ch 11 § 17 

motions, ch 11 § 18 

points of order in House based on 

procedures in committee, ch 11 

§ 15 

proxy voting banned, ch 11 § 18 

rules of House, application of, ch 11 

§ 15 

voting, ch 11 § 18 

Quorum in committee— 

contemporaneous presence, ch 11 

§ 22 

report a measure, authorization to, ch 

11 § 22 

‘‘rolling quorum’’ obsolete, ch 11 

§ 22 

table showing minimum quorum requirements to take particular actions, ch 11 § 21 

Records and files— 

access to, Member’s, ch 11 § 16 

archival of, ch 11, § 16 

debate, reference in, to, ch 11 § 16 

disposition of, ch 11 § 16 

executive session, evidence taken in, 

use of, ch 11 § 16 

Resolutions establishing or affecting authority of, as privileged, ch 11 § 2 

Role of committees, generally, ch 11 § 1 

Select committees distinguished, see 

SELECT COMMITTEES 

Seniority— 

alteration of rank, ch 11 § 4 

resolution electing Members as indicating rank, ch 11 § 4 

Size of committees, ch 11 § 5 

Staff of— 

Appropriations, Committee on, rule 

governing appointment of staff 

of, ch 11 § 7 

minority staff, ch 11 § 7 

981 

INDEX 

COMMITTEES, STANDING— 

Continued 

Staff of—Continued 

rule and statute, employment of staff 

governed by, ch 11 § 7 

statute and rule, employment of staff 

governed by, ch 11 § 7 

Subcommittees, role of, ch 11 § 1 

Table showing committees, jurisdiction, 

and antecedents, ch 11 § 11 

Transcripts, see above, Hearings; Meetings 

Witnesses— 

constitutional rights, ch 11 § 25 

contempt, citing for, ch 11 § 26 

fees for, ch 11 § 24 

immunity, ch 11 § 25 

minority, witnesses called by, ch 11 

§ 24 

perjury, ch 11 § 24 

questioning of, procedure for, ch 11 

§ 24 

rights under Constitution and rules, 

ch 11 § 25 

self-incrimination, privilege against, 

ch 11 § 25 

subpoenas, ch 11 § 24 

testimony or evidence tending to defame or incriminate, procedures 

relating to, ch 11 § 20 

voting in, ch 11 § 18 

written statements, ch 11 § 24 

COMPLIANCE, OFFICE OF 

Description of, ch 35 § 6 

CONDUCT, OFFICIAL, 

STANDARDS OF, see ETHICS 

CONFEREES OR MANAGERS 

Appointment of— 

‘‘additional’’ conferees on particular 

provisions, ch 13 § 8 

changing conferees, ch 13 § 8 

committee representation, ch 13 § 7 

criteria, ch 13 §§ 6, 7 

jurisdiction of committees as factor, 

ch 13 §§ 7, 8 

CONFEREES OR MANAGERS— 

Continued 

Appointment of—Continued 

number of conferees, ch 13 § 6 

reappointment to additional conferences, ch 13 § 8 

Speaker’s discretion, ch 13 § 6 

time for, ch 13 § 6 

vacancy on conference committee, ch 

13 § 8 

Authority of— 

committed to conference, issues, ch 

13 § 9 

enlarging authority by concurrent resolution, ch 13 § 9 

germane modification of matter in 

disagreement, ch 13 § 9 

limitations on, ch 13 § 9 

scope of differences, matters within, 

ch 13 § 9 

Senate amendments, limitation on authority to agree to, ch 4 §§ 70, 

71 

Failure to report, motions in order after, 

ch 13 § 14 

Houses, jurisdiction of, over their own 

appointed conferees, ch 13 § 11 

Instructions to managers— 

advisory nature of, ch 13 § 16 

agreement to conference, one motion 

in order after, ch 13 § 12 

amendments to motion, ch 13 § 13 

appointment, given prior to, unless 

postponed, ch 13 § 12 

argument, instructions may not include, ch 13 §§ 11, 15 

binding, not, ch 13 § 16 

conference report, instructions in motion to recommit, divisibility of, 

ch 21 § 13 

debate on motion to instruct, ch 13 

§ 13 

division of the question, applicability 

of demand for, ch 21 § 13 

germaneness of amendment to motion, rule as to, ch 26 § 33 

limitations on, ch 13 § 11 

982 

HOUSE PRACTICE 

CONFEREES OR MANAGERS— 

Continued 

Instructions to managers—Continued 

motion to instruct, debate and procedures relating to, ch 13 §§ 12, 13 

purpose generally, ch 13 § 11 

recognition on motions, ch 46 § 16 

recommit, motion to, instructions in, 

ch 13 § 15 

scope of, ch 13 §§ 11, 15 

Senate, in, see SENATE, PRACTICE 

IN 

tabling motion to instruct, ch 13 § 12 

times for giving, ch 13 § 12 

withdrawal of motion, ch 13 § 13 

Meetings— 

open or closed, ch 13 § 10 

points of order, procedures as basis 

of, ch 13 § 10 

Removal of, ch 13 § 8 

Resignation of, ch 13 § 8 

CONFERENCE 

Conferees, see CONFEREES OR MANAGERS 

‘‘Deeming’’ bill sent to conference, ch 

13 § 4 

Managers, see CONFEREES OR MANAGERS 

Motion to go to conference— 

committee authorization, ch 13 § 3 

debate on, ch 13 § 3 

form, ch 13 § 3 

privileged under certain conditions, 

ch 13 § 3 

recognition for, ch 46 § 16 

rejection of, repetition after, ch 13 § 4 

time for offering, ch 13 § 4 

Papers, possession of— 

action on report, having custody prior 

to, ch 13 § 29 

practice as to taking custody, generally, ch 13 § 29 

request for conference, House in possession of papers makes, ch 13 

§§ 1, 4 

Purpose generally, ch 13 §§ 1, 2 

CONFERENCE—Continued 

Questions for conference, generally, ch 

13 § 2 

Reports, see CONFERENCE REPORTS 

Request for, by House in possession of 

papers, ch 13 §§ 1, 4 

Request for or agreement to conference— 

‘‘deeming’’ bill sent to conference, 

ch 13 § 4 

motion, by, see above, Motion to go 

to conference 

unanimous consent, by, ch 13 §§ 3, 4 

Scope of conference— 

amounts in bill, differences as to, ch 

13 § 9 

dates, disagreement as to, ch 13 § 9 

disagreement, matters in, as determining scope, ch 13 § 9 

instructions to conferees as referring 

to matters beyond scope, see 

CONFEREES OR MANAGERS 

law, existing, differences concerning 

amendment of, ch 13 § 9 

numbers in bill, differences as to, ch 

13 § 9 

Senate scope rule, ch 13 § 21 

Special order of business, amendments 

sent to conference pursuant to, ch 

13 § 5 

CONFERENCE REPORTS 

Appropriation in Senate amendment to 

legislative bill, ch 13 § 24 

Availability for three days, requirement 

of— 

last six days of session, not applicable during, ch 13 § 30 

waiver of rule, ch 13 § 30 

Availability on floor for two hours prior 

to consideration, ch 13 § 30 

Budget resolutions, see BUDGET 

PROCESS 

Calling up— 

manager, senior, for House may call 

up, ch 13 § 31 

recognition to call up, ch 46 § 16 

983 

INDEX 

CONFERENCE REPORTS— 

Continued 

Consideration, question of— 

points of order, may be raised before, 

ch 13 § 27 

Considered in House rather than Committee of the Whole, ch 12 § 2 

Correction of errors, ch 13 § 19 

Debate on— 

amendments in disagreement, allocation and control of time on motions to dispose of, ch 13 §§ 33, 

34 

close, right to, ch 13 § 33 

defeat of original motion, effect of, 

ch 13 § 34 

division of question on motion to recede and concur, debate following, ch 13 § 34 

division of time, ch 13 § 33 

extension of, ch 13 § 33 

hour rule, applicability of, ch 13 § 33; 

ch 16 § 45 

open, right to, ch 13 § 33 

opposition, debate in, where parties 

support report, ch 13 § 33 

preferential motion, effect of, ch 13 

§ 34 

recognition, ch 13 § 34 

three-way division of time, ch 13 § 33 

yielding time, ch 13 § 34 

Disagreement, total, report filed in— 

amendments in disagreement, action 

taken on, ch 13 § 38 

debate and voting, ch 13 § 38 

Senate, procedure in, ch 13 § 38 

En bloc consideration— 

amendments in disagreement, ch 13 

§ 32 

conference reports, ch 13 § 32 

Explanatory statements, see below, 

Statements, explanatory, by managers 

Filing— 

privileged, as, ch 13 § 17 

recommittal, subsequent report after, 

ch 13 § 17 

CONFERENCE REPORTS— 

Continued 

Filing—Continued 

three-day lay-over after, requirement 

of, see above, Availability for 

three days, requirement of 

Form, generally, ch 13 § 17 

Germaneness issues— 

Senate provisions in conference reports and amendments in disagreement, germaneness of, ch 

13 § 23; ch 26 § 34 

Minority views not in order, ch 13 § 17 

Papers, possession of— 

action on report, having custody prior 

to, ch 13 § 29 

practice as to taking custody, generally, ch 13 § 29 

Points of order— 

appropriation in Senate amendment to 

legislative bill, ch 13 § 24 

authority, conferees exceeded, ch 13 

§ 21 

Budget Act, under, ch 13 §§ 26, 27 

germane, Senate provisions not, ch 13 

§ 23 

legislation in Senate provision on 

House appropriation bill, ch 13 

§ 25 

multiple points of order, ch 13 § 27 

order of ruling on, ch 13 § 27 

scope of differences, disposition of 

matter not within, ch 13 §§ 21, 

22 

substitutes or modifications adding 

subjects not committed to conference, ch 13 § 22 

timeliness, ch 13 §§ 20, 27 

waiver of (see also SPECIAL ORDERS OF BUSINESS), ch 13 

§§ 24, 25, 28 

Postponement of consideration, ch 13 

§ 31 

Precedence of report, ch 13 § 31 

Privilege of report, ch 13 § 31 

Reading of— 

dispensing with, ch 13 § 31 

984 

HOUSE PRACTICE 

CONFERENCE REPORTS— 

Continued 

Reading of—Continued 

statement of managers may be read, 

ch 13 § 31 

Recommendations of managers, ch 13 

§ 17 

Recommittal of report— 

concurrent resolution, ch 13 § 35 

motion, ch 13 § 35 

unanimous consent, ch 13 § 35 

Reconsider, motion to, see RECONSIDER, MOTION TO 

Rejection of all or part of report, ch 13 

§§ 36, 37 

Senate legislative provision on House 

bill, ch 13 § 25 

Senate scope rule, ch 13 § 21 

Signatures— 

argument or exception, attachment of, 

ch 13 § 18 

exception or argument, attachment of, 

ch 13 § 18 

majority of managers of each House, 

ch 13 § 18 

qualification or argument, attachment 

of, ch 13 § 18 

unitary time and place required, attachment of ch 13 §§ 10, 18 

Statements, explanatory, by managers— 

exceptions or objections, inclusion of, 

ch 13 § 17 

majority of managers of each House, 

signed by, ch 13 § 17 

reading of, in lieu of report, ch 13 

§ 31 

sufficiency of, ch 13 § 17 

Suspension of rules, adoption by, ch 13 

§ 28 

Voting on report— 

constitutional amendment, report on, 

ch 13 § 36 

disagreement, total, see above, Disagreement, total, report filed in 

motion to agree considered as pending, ch 13 § 36 

reconsider vote on motion disposing 

of amendment, motion to, ch 13 

§ 36 

CONFERENCE REPORTS— 

Continued 

Voting on report—Continued 

Speaker may put question without 

motion, ch 13 § 36 

tax increase, see TAX RATE INCREASE, INCOME, REQUIRING THREE-FIFTHS VOTE 

yeas and nays considered ordered on 

certain reports, ch 13 § 36 

Withdrawal of report, ch 13 § 31 

CONGRESSIONAL BUDGET 

OFFICE, see BUDGET PROCESS 

CONGRESSIONAL RECORD 

Amendments, printing of, see AMENDMENTS 

Contents, ch 15 §§ 2, 5 

Corrections— 

motion, by, ch 15 § 4 

privileges of the House, error as 

question of, ch 15 § 4 

resolution, by, ch 15 § 4 

timeliness of correction, ch 15 § 4 

typographical and grammatical errors, 

ch 15 §§ 3, 4 

Dispensing with printing requirements, 

ch 15 § 2 

Expungement— 

extension of remarks, improper inclusions of matter in, ch 15 § 5 

unparliamentaryremarks, see WORDS,

UNPARLIAMENTARY 

Extension of remarks— 

abuse of leave to print, ch 15 § 5 

Committee of the Whole, limited authority of, ch 15 § 5 

consent of House, with, ch 15 § 5 

extraneous materials, ch 15 § 5 

forms of request that Member or 

Members may extend remarks, 

ch 15 § 5 

restrictions on insertions, ch 15 § 5 

timeliness of request to extend, ch 15 

§ 5 

typeface, distinctive, ch 15 § 5 

History, ch 15 § 1 

985 

INDEX 

CONGRESSIONAL RECORD— 

Continued 

House Administration, Committee on, 

jurisdiction of, ch 15 § 1 

Interruption by one not recognized is 

not carried, ch 15 § 3 

Joint Committee on Printing, authority 

of, ch 15 § 1 

Matters included, ch 15 §§ 2, 5 

Statutes relating to, ch 15 §§ 1, 2 

Unparliamentary remarks, deletion or 

expungement of, see WORDS, 

UNPARLIAMENTARY 

Withdrawal of unparliamentary words, 

see WORDS, UNPARLIAMENTARY 

CONSIDERATION, CALLING UP 

MEASURES FOR, see ORDER OF 

BUSINESS; PRIVILEGED 

BUSINESS; SPECIAL ORDERS OF 

BUSINESS 

CONSIDERATION OF BILL, 

SPECIAL ORDER OF BUSINESS 

PROVIDING FOR 

Rules, resolution from Committee on, 

see SPECIAL ORDERS OF BUSINESS 

Suspension of the rules, see SUSPENSION OF THE RULES 

CONSIDERATION, QUESTION OF 

Applicability to particular propositions, 

ch 41 § 2 

Calendar Wednesday, see CALENDAR 

WEDNESDAY 

Conference reports, see CONFERENCE 

REPORTS 

Demand, necessity of to invoke, ch 41 

§ 1 

Earmarks, points of order against, application to, ch 41 § 5 

Effect, ch 41 § 1 

Purpose, ch 41 § 1 

Stat-Paygo, application to, ch 41 § 6 

Subject to, propositions that are, ch 41 

§ 2 

CONSIDERATION, QUESTION 

OF—Continued 

Subject to, propositions that are not, ch 

41 § 3 

Unfunded mandates, points of order 

against, application to, ch 41 § 4 

CONVENE, see ASSEMBLY OF 

CONGRESS 

CONTEMPT 

Defenses, ch 17 § 4 

Executive privilege, claim of, ch 17 § 4 

Inherent authority of Congress, ch 17 

§ 1 

Pertinence to legislative purpose, inquiry must have, ch 17 § 4 

President, claim of executive privilege 

by, ch 17 § 4 

Punishment for, ch 17 §§ 1, 2 

Purging contempt, ch 17 § 5 

Reporting citation to House, ch 17 § 2 

Senate, procedure in, ch 17 § 1 

Speaker, duties of, ch 17 § 3 

Statutory contempt procedure, ch 17 

§§ 1, 2 

United States Attorney, certification to, 

ch 17 § 3 

CREDENTIALS 

Certificate of election, copy of, as sufficient, ch 23 § 3 

Certificate of election, official, Memberelect sworn in advance of receipt 

of, ch 23 § 3 

Election of Members, see ELECTIONS 

Oath, issues raised as to administration 

of, ch 23 § 3 

Vacancies occurring in first session, 

Members elected to fill, included 

on roll after oath administered, ch 

5 § 5 

CUTGO, see BUDGET PROCESS 

DEBATE 

Addressed to Chair, remarks should be, 

ch 16 § 24 

986 

HOUSE PRACTICE 

DEBATE—Continued 

Allocation of time— 

amendments not yet offered, allocation of time on, by unanimous 

consent in Committee of the 

Whole, ch 16 § 57 

Chair, role of, where debate on 

amendment has been limited, see 

below, Five-minute rule 

Committee of the Whole, allocation 

of time by unanimous consent 

in, on amendments not yet offered, ch 16 § 57 

Committee of the Whole, general debate in, see below, General debate in Committee of the Whole 

five-minute debate, see below, Fiveminute rule, debate under 

forty-minute debate, ch 16 § 46 

hour rule, see below, Hour rule 

limitation on debate, recognition 

after, ch 46 § 15 

twenty-minute debate, ch 16 § 46 

Appropriation bills, see APPROPRIATION BILLS 

Budget resolutions, see BUDGET PROCESS 

Close debate, right to— 

adversely reported bill, ch 16 § 11 

amendment, debate on, ch 16 § 12 

amendments, debate on, ch 46 § 9 

committee of primary jurisdiction, 

manager representing, ch 16 § 11 

four Members, where debate divided 

among, ch 16 § 11 

general debate, ch 46 § 8 

general debate, majority manager has 

right to close, ch 16 § 10 

instruct conferees, on motion to, see 

CONFEREES OR MANAGERS 

manager of bill or resolution, ch 46 

§§ 8, 9 

manager of measure who opposes 

amendment is entitled to close 

debate thereon, ch 2 § 35 

manager, majority, has right to close 

general debate, ch 16 § 10 

DEBATE—Continued 

Close debate, right to—Continued 

manager, qualification as, ch 16 § 12 

proponent of amendment under certain conditions, ch 46 § 9 

reverse order of original allocation, 

closing in, in certain instances, 

ch 16 § 11 

unreported measure, ch 16 § 11 

Closing debate in House— 

generally, ch 16 § 49 

previous question, motion for, see 

PREVIOUS QUESTION 

Closing five-minute debate, see below, 

Five-minute rule, debate under 

Closing general debate in Committee of 

the Whole, see below, General debate in Committee of the Whole 

Committee of the Whole, in, see below, 

Five-minute rule, debate under, and 

General debate in Committee of the 

Whole 

Conference reports, on, see CONFERENCE REPORTS 

Control of time— 

amendment, between proponent and 

opponent of, ch 16 §§ 12, 14 

Committee of the Whole, allocation 

of time by unanimous consent 

in, on amendments not yet offered, ch 16 § 57 

Committee of the Whole may not 

change House order designating 

Members in control of general 

debate, ch 16 § 52 

committees, where jurisdiction shared 

by, ch 16 § 10 

delegation of, ch 16 § 10 

jurisdiction of two or more committees, matter within, ch 16 §§ 10, 

14 

manager of bill for majority, ch 16 

§ 10 

opposed, control of one-third of time 

by one who is, in certain instances, ch 16 § 11 

previous question, Member controlling time may move (see also 

987 

INDEX 

DEBATE—Continued 

Control of time—Continued 

PREVIOUS QUESTION), ch 16 

§ 49 

relinquishing control, ch 16 § 10 

yielding time, see below, Yielding 

time for amendment; Yielding 

time for debate 

Debatable, matters that are not, generally, ch 16 § 9 

Division of time, see above, Allocation 

of time 

Executive officials, criticism of, in debate, ch 16 § 25 

Exhibits, see EXHIBITS 

Expiration of time, effect of— 

amendments, offering, after expiration 

of time, ch 2 §§ 26, 35 

Congressional Record, debate on 

amendments printed in, where 

offered after expiration of debate 

time, ch 2 §§ 26, 35 

Five-minute rule, debate under— 

amendment, reading bill for, see 

AMENDMENTS 

amendments, debate on, ch 12 § 13 

amendments, restrictions on, imposed 

by special order of business, ch 

16 § 54 

appropriation bills, see APPROPRIATION BILLS 

Chair’s allocation of time under limitation, ch 16 § 59 

closing five-minute debate by motion, 

ch 16 § 56 

closing five-minute debate by unanimous consent, ch 16 § 57 

extending debate, ch 16 § 55 

extending Member’s time, ch 16 § 54 

limitation on debate, recognition 

after, ch 46 § 15 

limitation on time, rescission or 

modification of, ch 16 § 57 

limit debate, House action to, ch 16 

§ 55 

limiting debate, ch 16 §§ 55-57 

DEBATE—Continued 

Five-minute rule, debate under— 

Continued 

motion in Committee of the Whole to 

limit debate may not allocate or 

reserve time, ch 16 § 58 

motions to limit or close debate, ch 

16 §§ 56, 58 

once, speaking more than, ch 16 § 54 

opposition, recognition where floor 

not claimed in, ch 16 § 54 

precedence of five-minute speech to 

explain amendment over amendment to amendment, ch 16 § 54 

pro forma amendments precluded 

where special order of business 

permits only designated amendments, ch 16 § 54 

proponent and opponent of amendment each allowed five minutes, 

ch 2 § 35 

reading for amendment, see AMENDMENTS 

recognition after limitation on debate, 

ch 46 § 15 

recognition, generally, ch 46 § 14 

relevancy in debate, requirement of, 

see below, Relevancy 

reserving time not permitted, ch 16 

§ 54 

rise, adoption of motion to, as affecting time remaining for debate on 

amendment, ch 16 § 59 

rule, applicable, terms of, ch 16 § 54 

standing, Member recognized must 

remain, ch 12 § 13 

time, expiration of, offering amendments after, ch 2 §§ 26, 35 

unanimous consent to close or limit 

debate in Committee of the 

Whole, ch 16 § 57 

withdrawal of amendment, ch 12 § 13 

yield for amendment, Member holding floor may not, ch 2 § 20; ch 

16 § 16 

yielding time generally, ch 12 § 13; 

ch 16 §§ 15, 54 

988 

HOUSE PRACTICE 

DEBATE—Continued 

Floor, surrendering, ch 16 § 17 

Forty-minute debate— 

debate on certain propositions, in absence of, prior to ordering previous question, ch 16 § 46 

division of time, ch 16 § 46 

motions to which applicable, ch 16 

§ 46 

Gallery, references to, see GALLERIES 

General debate in Committee of the 

Whole— 

absence of Members of reporting 

committee, effect of, ch 16 § 52 

close, motion to, not in order in Committee of the Whole, ch 16 § 53 

closing generally, ch 12 § 12 

closing, by unanimous consent, in absence of order of House, ch 16 

§ 53 

control of time, changing House order 

designating Members in, not permitted in Committee of the 

Whole, ch 16 § 52 

extended, time fixed may not be, by 

Committee of the Whole, ch 12 

§ 11 

House, allocation and duration of 

time fixed by, ch 12 § 11; ch 16 

§ 52 

special order of business, allocation 

and duration pursuant to (see 

also SPECIAL ORDERS OF 

BUSINESS), ch 16 § 51 

Hour rule— 

applicability, generally, ch 16 § 45 

Committee of the Whole, applicable 

in, where House has not fixed 

time for general debate, ch 12 

§ 11; ch 16 § 52 

conference reports, see CONFERENCE REPORTS 

limitation on time, applicability in absence of, ch 16 §§ 44, 45 

measures to which hour rule applicable, ch 16 § 45 

motions to which hour rule applicable, ch 16 § 45 

DEBATE—Continued 

Hour rule—Continued 

order or other rule of House, superseded by, ch 16 § 45 

resolutions and other business to 

which applicable, ch 16 § 45 

rules, adoption of, applicability prior 

to, ch 16 § 45 

Senate amendments, motions to dispose of, see SENATE AMENDMENTS 

special order of business, superseded 

by, ch 16 § 45 

yielding time generally, ch 16 §§ 10, 

15 

yielding to Member who has consumed one hour, ch 12 § 11 

House as in Committee of the Whole, 

in— 

enacting clause, motion to strike, ch 

16 § 47 

extension of five-minute debate in, ch 

16 § 47 

five-minute rule, under, ch 16 § 47 

Initiating debate without motion, methods of, ch 16 § 1 

Interruption by one not yielded to, effect of, ch 16 §§ 15, 17 

Limitation on debate, see below, Time, 

limitations on 

Manager of bill, role of— 

amendment, may be recognized in 

opposition to, ch 16 § 14 

control exercised by, ch 16 §§ 10, 12 

qualification as manager, ch 16 §§ 12, 

14 

unreported measure, ch 16 § 12 

Morning-hour debate— 

leadership, lists of Members seeking 

recognition submitted by, ch 16 

§ 50 

Nondebatable matters, generally, ch 16 

§ 9 

Notice of motion to instruct conferees 

given during debate on pending 

question, see CONFEREES OR 

MANAGERS 

989 

INDEX 

DEBATE—Continued 

One-minute speeches, see ONE-MINUTE 

SPEECHES 

Order, maintaining, see, e.g., DECORUM; WORDS, UNPARLIAMENTARY 

Papers, reading, ch 16 § 60 

Parliamentary inquiries, see PARLIAMENTARY INQUIRY 

President, references to, see WORDS, 

UNPARLIAMENTARY 

Pro forma amendments— 

allocate or reserve time, Member recognized to debate pro forma 

amendment may not, ch 2 § 8 

closed rule, not in order under, ch 12 

§ 14 

debate on, scope of, ch 2 § 8 

distinguished from substantive 

amendments, ch 2 § 8 

extending time by offering additional, 

not permitted, ch 16 § 54 

five-minute rule, use of pro forma 

amendments during debate 

under, for purpose of obtaining 

recognition for debate, ch 2 § 8 

opposition to pro forma amendment, 

Member may be recognized in, 

after occupying five minutes on 

a pro forma amendment, ch 2 § 8 

point of order that pro forma amendment constitutes amendment in 

third degree, ch 2 § 14 

reserve or allocate time, Member recognized to debate pro forma 

amendment may not, ch 2 § 8 

special order of business permitting 

only designated amendments, effect of, ch 16 § 54 

substantive amendment, recognition 

of Member who has spoken on, 

ch 12 § 14 

substitute, after adoption of, ch 16 

§ 54 

substitute amendment, effect of adoption of, on subsequent pro forma 

amendments, ch 2 § 8 

DEBATE—Continued 

Pro forma amendments—Continued 

third degree, point of order that pro 

forma amendment constitutes 

amendment in, ch 2 § 14 

time, allocation or reservation of, 

after recognition not permitted, 

ch 16 § 54 

time, restrictions on extension of, by 

Member who has occupied five 

minutes on pro forma amendment, ch 2 § 8 

use of, ch 2 § 8 

Relevancy— 

disciplinary action, scope of debate as 

to, ch 16 § 18 

five-minute rule, scope of debate 

under, ch 16 § 20 

general debate in Committee of the 

Whole, ch 16 § 19 

history of rule, ch 16 § 18 

one-minute speeches, rule not normally applied to, ch 16 § 18 

point of order, absence of, effect of, 

ch 16 § 18 

privilege, personal, debate on question of, ch 16 § 18 

special-order speeches, rule not ordinarily applied to, ch 16 § 18 

special order of business, debate on, 

ch 16 § 18 

special order of business, effect of 

terms of, ch 16 §§ 19, 20 

unanimous consent to address House, 

effect of, ch 16 § 18 

unreported bill on same subject as 

pending bill, discussion of, ch 16 

§ 18 

Senate, references to, see SENATE, 

REFERENCES TO, IN DEBATE 

Special-order speeches, see SPECIALORDER SPEECHES 

special order of business, allocation of 

time by, see SPECIAL ORDERS 

OF BUSINESS 

Special orders of business, modification 

of terms of, in Committee of the 

990 

HOUSE PRACTICE 

DEBATE—Continued 

Whole, see generally SPECIAL 

ORDERS OF BUSINESS 

Statutory limitations on, see below, 

Time, limitations on 

Television audience, remarks should not 

be addressed to, ch 16 § 24 

Ten-minute debate— 

amendments offered after close of 

general or five-minute debate, 

on, ch 16 § 46 

division of time, ch 16 § 46 

motions, on certain, ch 16 § 46 

Time, charging, when used for purposes 

other than debate— 

limitation on debate, form of, as affecting timekeeping, ch 16 § 59 

Time, extending— 

Committee of the Whole may not extend general debate, ch 16 § 52 

division of time, providing for, ch 16 

§ 48 

five-minute rule, House action extending time under, ch 16 § 55 

hour rule, under, ch 16 § 48 

privileged resolutions, ch 16 § 48 

privilege, personal, question of, ch 16 

§ 48 

special order of business, ch 16 § 48 

statutory time limitations, effect of, 

ch 16 § 48 

unanimous consent, ch 16 § 48 

Time, limitations on— 

generally, ch 16 § 9 

allocation by Chair of time remaining 

on amendments, ch 16 § 59 

certain, time, limitation on debate to 

a, ch 16 § 59 

Chair, discretion of, on certain questions, ch 16 § 44 

charging time used for purposes other 

than debate, ch 16 § 59 

Committee of the Whole, general debate in, ch 16 § 53 

five-minute rule, House action to 

limit debate under, ch 16 § 55 

five-minute rule, motion to limit or 

close debate under, in Committee of the Whole, ch 16 § 56 

DEBATE—Continued 

Time, limitations on—Continued 

five-minute rule, unanimous consent 

to close or limit debate under, in 

Committee of the Whole, ch 16 

§ 57 

general debate in Committee of the 

Whole, ch 16 § 53 

hour rule, applicability of, in absence 

of express limitation, see above, 

Hour rule 

motion in House, by, ch 16 § 53 

motion in Committee of the Whole to 

limit debate under five-minute 

rule may not allocate or reserve 

time, ch 16 § 58 

rescission or modification of, ch 16 

§ 57 

special orders of business (see also 

SPECIAL ORDERS OF BUSINESS), ch 16 §§ 44, 48 

statutory time limitations on certain 

propositions, ch 16 § 48 

unanimous consent in Committee of 

the Whole, closing debate by, in 

absence of order of House, ch 16 

§ 53 

unanimous consent in House, by, ch 

16 §§ 48, 53 

Twenty-minute debate— 

close, right to, ch 16 § 46 

discharge, motions to, ch 16 § 46 

division of time, ch 16 § 46 

Federal mandates, where point of 

order raised against, ch 16 § 46 

Yielding time for amendment— 

amendment to amendment, ch 16 § 16 

five-minute rule, not permitted under, 

ch 2 § 20; ch 16 § 16 

floor, losing the, ch 16 § 16 

House, in, ch 16 § 16 

Yielding time for debate— 

Committee of the Whole, in, ch 16 

§ 15 

committees, where jurisdiction shared 

by, ch 16 § 10 

discretionary with Member in control, 

ch 16 § 15 

991 

INDEX 

DEBATE—Continued 

Yielding time for debate—Continued 

effect of yielding, ch 16 § 15 

five-minute debate, during, ch 16 § 15 

hour rule, under, ch 12 § 11; ch 16 

§§ 10, 15 

House, in, ch 16 § 15 

interruption by one not yielded to, effect of, ch 16 §§ 15, 17 

special orders of business, debate on, 

ch 16 § 15 

yielded time, yielding during, ch 12 

§ 11; ch 16 § 15 

DEBT, PUBLIC, LIMIT ON 

Amendment to budget resolution to 

change, restriction on, ch 7 § 5 

Budget resolution sets forth appropriate 

level, ch 7 § 15 

Changes in, ch 7 § 15 

Reconciliation directives as to, ch 7 § 15 

DECORUM 

Acts expressly prohibited under rule, ch 

16 § 21 

Attire, ch 16 § 21 

Calls to order— 

(see also WORDS, UNPARLIAMENTARY) 

Committee of the Whole, in, ch 16 

§ 27 

House, in, ch 16 § 26 

procedures available to quell disorder, 

ch 16 § 26 

Cellular telephones, use of, prohibited in 

galleries, ch 10 § 3 

Chair as taking initiative in enforcing 

rules— 

interruption by Member not yielded 

to, ch 16 § 17 

Electronic devices, use of certain, prohibited on floor, ch 10 § 3 

Exhibits, use of, see EXHIBITS 

Floor, guests on, not in order in debate 

to refer to, ch 10 § 2 

Interruption of debate by one not yielded to, effect of, ch 16 §§ 15, 17 

DECORUM—Continued 

Mobile electronic devices, restrictions 

on, ch 16 § 21 

President, references to, see WORDS, 

UNPARLIAMENTARY 

Prohibited under rule, conduct that is, 

ch 16 § 21 

Rules, applicable, ch 16 § 21 

Senate, references to, see SENATE, 

REFERENCES TO, IN DEBATE 

Sergeant-at-arms, role of, in maintaining 

order, ch 16 § 21 

Speaker, policy statement by, ch 16 § 21 

Time consumed in call to order, charging, ch 16 § 21 

Well, demand to clear the, ch 16 § 21 

Wireless telephones, use of, prohibited 

on floor and in galleries, ch 10 § 3; 

ch 16 § 21 

Words, unparliamentary, see WORDS, 

UNPARLIAMENTARY 

DELEGATES AND RESIDENT 

COMMISSIONER 

Committee of the Whole, participation 

in, ch 18 § 4 

Committees, role on, ch 18 § 3 

Discharge motion, may not sign, ch 19 

§ 4 

Floor privileges, ch 18 § 2 

House, privileges in, ch 18 § 2 

Motions offered by, ch 18 § 2 

Organization of new Congress, role during, ch 5 § 4 

Preside, do not, ch 18 §§ 2, 4 

Statutory officials, ch 18 § 1 

Voting by, ch 5 § 4; ch 18 §§ 2-4 

DISAPPROVAL ACTION, 

CONGRESSIONAL 

Agencies, approval of actions of, ch 14 

§ 1 

Consideration, procedures for, ch 14 § 3 

Constitutionality, ch 14 § 2 

Discharge from committee, automatic, 

pursuant to statute, ch 19 § 9 

Discharge, motion to, pursuant to statute, ch 19 § 9 

992 

HOUSE PRACTICE 

DISAPPROVAL ACTION, 

CONGRESSIONAL—Continued 

District of Columbia Home Rule Act, 

under, see DISTRICT OF COLUMBIA BUSINESS 

Executive branch, approval of actions 

of, ch 14 § 1 

Joint resolutions, use of, ch 14 §§ 1, 2 

Rule-making power, as exercise of, ch 

14 § 3 

Special orders of business, use of, ch 14 

§ 3 

Statutes governing, ch 14 § 1 

DISCHARGING MEASURES FROM 

COMMITTEES 

Consideration of discharged measure— 

debate, ch 19 § 7 

immediate consideration, motion for, 

ch 19 § 7 

motions available after discharge, ch 

19 § 7 

Constitution, discharge of matters privileged under— 

disciplinary actions against Members, 

ch 19 § 8 

impeachment resolutions (see also 

IMPEACHMENT), ch 19 § 8 

Member’s right to seat, ch 19 § 8 

vetoed bill (see also VETO), ch 19 

§ 8 

Motion or petition to discharge— 

calling up, ch 19 §§ 6, 7 

consideration, procedure for, ch 19 

§§ 6, 7 

debate on, ch 19 § 6 

filed with Clerk, ch 19 § 2 

intervening motions, ch 19 § 6 

precedence of, ch 19 § 5 

privilege of, ch 19 § 5 

reoffering motion once acted on not 

in order, ch 19 § 2 

reported, measure may be, before 

consideration of motion, ch 19 

§ 3 

rule, applicable, ch 19 §§ 1, 2 

Rules, Committee on, discharging, ch 

19 § 1 

DISCHARGING MEASURES FROM 

COMMITTEES—Continued 

Motion or petition to discharge— 

Continued 

signatures, see below, Signatures required on motion 

Referral of measure with time limit, ch 

19 § 1 

Resolution providing for consideration, 

ch 19 § 1 

Select committee, resolution extending 

existence of, see SELECT COMMITTEES 

Special order of business for consideration of unreported resolution as 

discharging committee, see SPECIAL ORDERS OF BUSINESS 

Signatures required on motion— 

public record, signatures a matter of, 

ch 19 § 2 

Special orders of business, procedure 

applicable to, ch 19 § 3 

Suspension of rules, see SUSPENSION 

OF RULES 

Time limit, measure referred by Speaker 

with, ch 19 § 1 

Timetable for discharge procedures, ch 

19 § 3 

Unanimous consent in House, by, ch 19 

§ 1 

Veto message and bill, see VETO 

DISCIPLINE OF MEMBER, see 

ETHICS 

DISTRICT OF COLUMBIA 

BUSINESS 

Charter, District of Columbia, Congressional authority over amendments 

to, ch 20 § 7 

Committee of the Whole, consideration 

in, ch 20 § 4 

Committee on Government Reform, jurisdiction of, ch 20 § 2 

Congressional authority over legislation— 

delegation of authority, ch 20 § 1 

‘‘exclusive,’’ ch 20 § 1 

993 

INDEX 

DISTRICT OF COLUMBIA 

BUSINESS—Continued 

Constitutional background, ch 20 § 1 

Council, District of Columbia, Congressional approval of enactments of, 

ch 20 § 7 

Debate, ch 20 § 5 

District Day, designation of, ch 20 § 2 

Home Rule Act— 

appropriations, Congressional authority over, retained, ch 20 § 1 

disapproval, joint resolutions of, 

under Act, ch 20 § 7 

procedures under, ch 20 § 7 

House as in Committee of the Whole, 

consideration in, ch 20 § 4 

Mondays, second and fourth, consideration of business on, ch 20 § 2 

Precedence, ch 20 § 3 

Private bills, ch 20 § 4 

Privileged, status as, for consideration, 

ch 20 § 3 

Procedure for consideration, ch 20 §§ 4, 

5, 7 

Unfinished business— 

called up, must be, ch 20 § 6 

District Day, subsequent, may be 

considered on, ch 20 § 6 

previous question, effect of ordering, 

ch 20 § 6 

DIVISION OF THE QUESTION 

FOR VOTING 

Amendments— 

adoption of amendments to amendment, demand prior to, ch 21 § 8 

amended, as, ch 21 § 8 

Committee of the Whole, amendments under consideration in, ch 

21 § 8 

en bloc amendments, ch 21 § 9 

House, amendments reported to, from 

Committee of the Whole, ch 21 

§ 8 

perfecting amendments, ch 21 § 8 

strike, motion to, ch 21 § 10 

substitute, amendment in nature of, 

ch 21 § 8 

DIVISION OF THE QUESTION 

FOR VOTING—Continued 

Amendments to divided propositions, ch 

21 § 16 

Appeals, divisibility of, ch 21 § 4 

Committees, standing or joint, rule prohibits division of proposition electing Members to, ch 2 §§ 1, 6 

Conference report, motion to recommit, 

with instructions, ch 21 § 13 

Consideration of divided propositions— 

amendments to propositions, ch 21 

§ 16 

debate, ch 21 § 16 

putting the question, ch 21 § 16 

reconsider, motion to, ch 21 § 16 

voting, ch 21 § 16 

Debate on divided propositions, ch 21 

§ 16 

Demand for, ch 21 §§ 3, 8 

Engrossment and third reading of bill, 

question of, not divisible, ch 21 § 4 

Individuals, named, resolutions relating 

to two or more, ch 21 § 6 

Language, changes in, ch 21 § 2 

Passage, bills and joint resolutions not 

divisible on, ch 21 § 4 

Previous question on measure and pending amendment, motion for, not divisible, ch 21 § 4 

Putting the question on divided propositions, ch 21 § 16 

Recommit with instructions, motion to, 

ch 21 § 13 

Resolutions, simple or concurrent, ch 21 

§§ 4-7 

Rules, Committee on, resolutions from, 

ch 21 §§ 1, 7 

Senate amendments, see SENATE 

AMENDMENTS 

Separate and distinct propositions, question to be divided must consist of, 

ch 21 § 2 

Special order of business not divisible, 

ch 21 § 1 

Strike and insert, motion to, not divisible, ch 21 §§ 1, 11 

994 

HOUSE PRACTICE 

DIVISION OF THE QUESTION 

FOR VOTING—Continued 

Strike, motions to, ch 21 § 10 

Suspend the rules, motions to, ch 21 

§ 12 

Table, motion to, ch 21 § 14 

Tests of divisibility, ch 21 § 2 

Voting on divided propositions, ch 21 

§ 16 

EARMARKS 

Conference reports, application to, ch 7 

§ 23; ch 13 § 27 

Consideration of measure containing, restrictions on, ch 6 § 24; ch 7 § 23 

Points of order— 

question of consideration, debate 

thereon, ch 7 § 23; ch 16 § 46; 

ch 41 § 5 

question of consideration, decided by, 

ch 6 § 24; ch 7 § 23; ch 13 § 28; 

ch 14 § 5 

against special order of business, ch 6 

§ 24; ch 7 § 23; ch 13 § 28 

ELECTION CONTESTS AND 

DISPUTES 

(See also ELECTIONS) 

Constitutional right of House to be 

judge of elections and qualifications of Members, ch 22 § 2 

Dismissal of contest— 

burden of proof to prevent, ch 22 § 5 

House, summary dismissal by, ch 22 

§ 2 

motion to dismiss, ch 22 § 5 

Federal Contested Elections Act, procedures under, ch 22 § 1 

House Administration, Committee on— 

jurisdiction of, ch 22 § 2 

resolutions reported from, ch 22 §§ 4, 

5 

Initiation of contests by means other 

than statutory procedure, ch 22 § 1 

Judge of elections, each House as, ch 22 

§ 2 

ELECTION CONTESTS AND 

DISPUTES—Continued 

Jurisdiction over contests— 

House Administration, Committee on, 

ch 22 § 2 

select committees, investigations by, 

ch 22 § 2 

special committee or ad hoc panel, ch 

22 § 2 

Oath, deferring administration of, ch 22 

§ 2 

Notice of contest, ch 22 §§ 1, 2 

Parties— 

debate, participation in, ch 22 § 6 

floor privileges, ch 22 § 6 

standing to initiate contest, who has, 

ch 22 § 3 

Precedence of, ch 22 § 4 

Privilege, as raising question of, ch 22 

§ 4 

Recounts— 

exhaustion of State remedies, ch 22 

§ 2 

House order, ch 22 § 2 

Resolution, disposition by— 

amendments, ch 22 § 6 

debate, ch 22 § 6 

privilege, as question of, ch 22 § 4 

remedies pursuant to resolution, ch 22 

§ 4 

unreported resolutions, ch 22 § 4 

voting, ch 22 § 6 

Standing to initiate contest, who has, ch 

22 § 3 

Statute, governing, procedures under, ch 

22 § 1 

ELECTIONS 

Apportionment— 

jurisdiction of Congress over, ch 23 

§ 1 

methods, ch 23 § 1 

Campaign practices— 

ethical standards, see ETHICS 

Federal Election Campaign Act, ch 

23 § 2; ch 25 § 12 

financing, campaign, ch 23 § 2; ch 25 

§ 12 

995 

INDEX 

ELECTIONS—Continued 

Campaign practices—Continued 

regulation of, ch 23 § 2 

Certificates of election— 

challenges to validity, ch 23 § 3 

copy of, as sufficient, ch 23 § 3 

nullification of, circumstances requiring, ch 23 § 3 

oath, issues raised as to administration of, ch 23 § 3 

Constitutional right of House to be 

judge of elections and qualifications of Members, ch 23 § 1 

Contests and disputes, see ELECTION 

CONTESTS AND DISPUTES 

Contributions, political, soliciting, see 

ETHICS 

Ethical standards, see ETHICS 

Federal Election Campaign Act, regulation of campaigns under, ch 23 § 2; 

ch 25 § 12 

Federal Election Commission, role of, 

ch 23 § 2; ch 25 § 12 

President and Vice President, election 

of— 

(see also ELECTORAL VOTE) 

House Administration, jurisdiction of 

Committee on, over measures relating to, ch 23 § 2 

Reapportionment— 

jurisdiction of Committee on the Judiciary, ch 23 § 1 

Resignation— 

election, special, to fill vacancy, ch 

23 § 4 

procedure for, ch 23 § 4 

States, role of, in conducting, ch 23 § 1 

Vacancy— 

election, special, to fill, ch 23 § 4 

exclusion or expulsion of Member, 

due to, ch 23 § 4 

illness, due to, ch 23 § 4 

resolution declaring, ch 23 § 4 

ELECTORAL VOTE 

Certificates identifying electors— 

conflicting certificates, ch 24 § 3 

ELECTORAL VOTE—Continued 

Certificates identifying electors— 

Continued 

counting certificates, ch 24 § 3 

statutory procedures, ch 24 § 1 

validity of, determining, ch 24 § 3 

Constitutional requirements, ch 24 § 1 

Counting, procedures for— 

date, ch 24 § 2 

debate not permitted, ch 24 § 3 

certificates, see above, Certificates 

identifying electors 

joint session, ch 24 § 2 

presiding officer, ch 24 § 3 

Electors, role of, ch 24 § 1 

Fraud or procedural irregularities, statutes addressing, ch 24 § 1 

House and Senate, role of, where candidates do not receive majority, ch 

24 § 1 

Joint session to count vote— 

certificates, see above, Certificates 

identifying electors 

date of, ch 24 § 2 

dividing to consider objections and 

other matters, ch 24 § 3 

procedures, ch 24 § 2 

Objections to votes— 

procedure for consideration of, ch 24 

§ 3 

procedure for raising, ch 24 § 3 

Statutes, procedures under— 

count, procedure for, ch 24 § 2 

fraud or procedural irregularities, statutes addressing, ch 24 § 1 

ELECTRONIC DEVICES, USE OF 

CERTAIN PERSONAL, 

PROHIBITED ON FLOOR, see 

DECORUM 

ELECTRONIC SIGNALS AND 

BELLS, see BELLS AND SIGNALS 

ELECTRONIC VOTING SYSTEM, 

see VOTING 

EMPLOYEES, HOUSE 

Committee staff, see COMMITTEES, 

STANDING 

996 

HOUSE PRACTICE 

EMPLOYEES, HOUSE—Continued 

Ethics, see ETHICS 

ENACTING CLAUSE, MOTION 

RELATING TO 

Debate on, in Committee of the Whole, 

ch 16 § 54 

House as in Committee of the Whole, 

motion in, to strike enacting clause, 

ch 16 § 47 

Recommendation that enacting clause 

be stricken— 

debate on bill, limitation on, effect of, 

ch 12 § 24 

debate on motion, ch 12 § 24 

debate, scope of, ch 12 § 24 

form, ch 12 § 22 

opposed to bill, Member offering motion must qualify as, ch 12 § 22 

precedence of, ch 12 § 21 

recommittal, automatic, after disagreeing to, ch 48 § 8 

rejection in House, effect of, ch 12 

§ 22; ch 48 § 8 

repetition of motion, ch 12 § 22 

resolving clauses of resolutions, application to, ch 12 § 22 

Senate-passed bill, applicable to, ch 

12 § 22 

time for offering, ch 12 §§ 21, 23 

writing, requirement of, ch 12 § 22 

Strike enacting clause, motion to— 

Committee of the Whole, motion in, 

is only to recommend to House 

that enacting clause be stricken, 

ch 2 § 9 

Committee of the Whole, not in order 

in, ch 12 § 22 

precedence over motion to amend, ch 

2 §§ 5, 9, 21 

refer, motion to, pending, see REFERRAL OF BILLS, RESOLUTIONS, AND OTHER MATTER 

rejection of bill, motion used for, ch 

2 §§ 5, 21 

rejection of motion, effect of, ch 2 § 9 

ENGROSSMENT 

Correcting errors— 

engrossment, in, ch 44 § 7 

printing errors, ch 44 § 8 

‘‘star prints,’’ ch 44 § 8 

Division of the question, engrossment 

and third reading of bill as not subject to demand for, see DIVISION 

OF THE QUESTION FOR VOTING 

House-passed bills, ch 44 § 6 

‘‘Star prints,’’ ch 44 § 8 

ENROLLMENT 

Certification and signing, ch 44 § 11 

Corrections in, ch 44 § 12 

President, delivery of measure to, ch 44 

§§ 10, 13 

ETHICS 

Campaign funds, violations of laws regulating— 

contributions, campaign, funds considered to be, ch 25 § 12 

Federal Election Campaign Act, ch 

25 § 12 

Federal Election Commission, role of, 

ch 25 § 12 

personal use of campaign funds prohibited, ch 25 § 12 

reporting requirements, ch 25 § 12 

Caucus, role of, in imposing discipline, 

ch 25 § 26 

Censure— 

apologies, effect of, ch 25 § 24 

conduct for which Member censured, 

illustrative instances of, ch 25 

§ 23 

constitutional authority, ch 25 § 22 

explanation by Member, effect of, ch 

25 § 24 

expungement of, ch 25 § 22 

grounds for, ch 25 § 23 

official duties, not limited to acts relating to, ch 25 § 23 

privilege, question of, resolution presents, ch 25 § 24 

997 

INDEX 

ETHICS—Continued 

Censure—Continued 

reconsideration of, ch 25 §§ 22, 24 

reprimand, distinguished from, ch 25 

§§ 22, 23 

resolutions, ch 25 § 24 

vote on, ch 25 § 22 

withdrawal of resolution, ch 25 § 24 

Complaints— 

debate, references in, to content of, 

see, e.g., DECORUM; WORDS, 

UNPARLIAMENTARY 

disclosure of contents, ch 25 § 5 

false charges, ch 25 § 5 

form, ch 25 § 5 

Member, filed or certified by, ch 25 

§ 5 

oath, under, ch 25 § 5 

requirements as to, ch 25 § 5 

writing, in, ch 25 § 5 

Code of Ethics for Government Service— 

concurrent resolution, established by, 

ch 25 § 8 

employees, government, applicability 

to, ch 25 § 8 

Members, as basis for disciplinary 

proceedings against, ch 25 § 8 

Code of Official Conduct— 

‘‘creditably,’’ conduct must reflect, 

on House, ch 25 § 7 

history, ch 25 § 7 

statute, violations of, as basis for invoking general provisions of, ch 

25 § 7 

Committee chair, disciplinary measures 

against, see below, Disciplinary 

measures 

Congressional Accountability Act, see 

below, Discrimination in employment 

Contributions, political— 

misuse of, see above, Campaign 

funds, violations of laws regulating 

soliciting, from Federal employees, 

ch 25 § 13 

ETHICS—Continued 

Counsel, presence of, permitted during 

House consideration of disciplinary 

action against Member, ch 25 § 19 

Disciplinary measures— 

generally, ch 25 §§ 1, 19 

caucus rules, under, ch 25 § 26 

censure, see above, Censure 

committee chair, restriction on authority of, ch 25 § 26 

committees and subcommittees, participation on, ch 25 § 26 

court proceedings, effect of pendency 

of, on disciplinary action by 

House, ch 25 § 19 

criminal statutes, punishment under, 

distinguished, ch 25 § 1 

disapproval, ch 25 § 22 

expulsion, see below, Expulsion 

fines, ch 25 § 25 

imprisonment, ch 25 § 1 

letter of reproval, ch 25 § 27 

reprimand, ch 25 §§ 15, 16, 22, 23 

reproval, letter of, ch 25 §§ 19, 27 

resolutions and reports, see below, 

Resolutions and reports 

restitution, ch 25 § 25 

seniority, reduction in, ch 25 § 26 

Discrimination in employment— 

Congressional Accountability Act, ch 

25 § 11 

conditions of employment, in, ch 25 

§ 11 

history of rules on employment practices, ch 25 § 11 

Employees, government, see above, 

Code of Ethics for Government 

Service 

Ethics, Committee on— 

advisory opinions of, ch 25 § 4 

disclosure of subject matter of complaint filed, ch 25 § 5 

gifts and travel, rules as to, compiled 

by, ch 25 § 15 

investigative jurisdiction, ch 25 § 2 

legislative jurisdiction, ch 25 § 2 

membership, ch 25 § 3 

998 

HOUSE PRACTICE 

ETHICS—Continued 

Ethics, Committee on—Continued 

party representation on, ch 11 § 5; ch 

25 § 3 

persons subject to investigation by, ch 

25 §§ 2, 6 

publications of, ch 25 § 4 

report following dismissal, ch 25 § 19 

report, privileged, filed with resolution recommending disciplinary 

action, ch 25 § 19 

reports and recommendations, ch 25 

§§ 2, 19 

rules of, ch 25 §§ 1, 2 

time, limitation on length of, Members may serve on, ch 25 § 3 

Exclusion not properly used as disciplinary measure, ch 25 § 1 

Expulsion— 

constitutional sanction, ch 25 § 1 

exclusion, distinguished from, ch 25 

§ 1 

procedure, ch 25 § 21 

resolutions, ch 25 § 21 

False charges in complaint, see above, 

Complaints 

False Claims Act— 

knowing submission of fraudulent 

claim, ch 25 § 10 

travel vouchers, false, applicable to, 

ch 25 § 10 

Federal Election Campaign Act— 

campaign funds, use of, ch 25 § 12 

Federal Election Commission, role of, 

ch 25 § 12 

violations of, ch 25 § 12 

Financial disclosure— 

employees of House, certain, ch 25 

§ 16 

gifts, disclosure of, ch 25 §§ 15, 16 

Members, ch 25 § 16 

Officers of House, ch 25 § 16 

Fines, see above, Disciplinary measures 

Future employment, disclosure of negotiations for, ch 25 § 7 

Gifts— 

censure imposed, ch 25 § 15 

ETHICS—Continued 

Gifts—Continued 

cumulative value of gifts from one 

source, limitation on, ch 25 § 15 

reprimand for failure to disclose, ch 

25 § 15 

rules on gifts and travel compiled by 

Committee on Ethics, ch 25 § 15 

Hiring allowance, misuse of— 

performance of staff member to be 

commensurate with compensation, ch 25 § 10 

personal expenses, use of allowance 

for, ch 25 § 10 

Honoraria, restrictions as to, ch 25 § 14 

Income, earned, limitations on, ch 25 

§ 14 

Investigations— 

complaints, see above, Complaints 

initiating, ch 25 § 5 

Office of Congressional Ethics, ch 25 

§ 2 

Persons subject to disciplinary procedures, ch 25 §§ 2, 6 

Powell v. McCormack, ch 25 § 1 

Professional practice, restrictions on, ch 

25 § 17 

Reprimand, see above, Disciplinary 

measures 

Resolutions and reports— 

debate on, ch 25 § 19 

dismissal of charges, committee report after, ch 25 § 19 

privileged, as, ch 25 § 19 

privilege, question of, resolution proposing disciplinary action against 

Member may be called up as, ch 

25 § 19 

Seniority, reduction in, see above, Disciplinary measures 

Soliciting political contributions from 

Federal employees, prohibition on, 

ch 25 § 13 

Statutes, violations of— 

conviction as basis for investigation, 

ch 25 § 9 

conviction, effect of, on disciplinary 

proceedings in House, ch 25 § 19 

999 

INDEX 

ETHICS—Continued 

Statutes, violations of—Continued 

discrimination in employment, see 

above, Discrimination in employment 

False Claims Act, see above, False 

Claims Act 

Federal Election Campaign Act, ch 

25 § 12 

soliciting political contributions from 

Federal employees, ch 25 § 13 

Time of committing acts in question— 

prior Congress, in, ch 25 §§ 16, 18 

prior to becoming Member, ch 25 

§ 18 

Travel, rules as to, compiled by Committee on Ethics, ch 25 § 15 

Voting by Members convicted of certain 

crimes, rules as to, ch 25 §§ 19, 26 

EXCLUSION OF MEMBER 

Expulsion, distinguished from, ch 25 § 1 

Powell v. McCormack, ch 25 § 1 

Qualifications of Members, constitutional right of House to determine, 

ch 25 § 1 

EXHIBITS 

Accuracy of content of, not proper subject of parliamentary inquiry, ch 16 

§ 61 

Badges, ch 16 § 21 

Bumper sticker, ch 16 § 62 

Charts, ch 16 §§ 21, 61 

Decorum, requirements as to, ch 16 § 62 

Demeaning or disruptive exhibits, ch 16 

§ 21 

Electronic voting display, use of, as exhibit not permitted, ch 16 § 61 

Handouts, guidelines concerning, ch 16 

§ 62 

House, submitting question of propriety 

of exhibit to, ch 16 § 21 

Inquiry by Speaker as to intended use, 

ch 16 § 62 

Objection, effect of, ch 16 § 61 

Permitted, illustrative list of exhibits 

that have been, ch 16 § 61 

EXHIBITS—Continued 

Person, use of, as ‘‘exhibit’’ not permitted, ch 16 § 61 

Removal of exhibit not in use, ch 16 

§ 61 

Video recorder, use of, as exhibit not 

permitted, ch 16 § 61 

FIVE-MINUTE RULE, see DEBATE 

FLOOR, PRIVILEGES OF 

Abuse of privileges, ch 10 § 2 

Admission to Floor, rule governing, ch 

10 § 2 

Ceremonial occasions, ch 10 § 2 

Guests, references to, ch 10 § 2 

Members, former, ch 10 § 2 

Officials, ch 10 § 2 

Point of order to object to presence of 

unauthorized persons, ch 10 § 2 

Rule governing admission to Floor, ch 

10 § 2 

Senators, privileges of, ch 10 § 2 

Staff, Congressional, ch 10 § 2 

GALLERIES 

Approval or disapproval not to be expressed in, ch 10 § 4 

Cellular telephones, use of, prohibited, 

ch 10 § 3 

Procedure in cases of disturbance in, ch 

10 § 4 

Reference to or introduction of persons 

in, not in order, ch 10 § 4; ch 16 

§ 24 

GENERAL ACCOUNTING OFFICE 

Legislative Reorganization Act, provisions of, ch 35 § 6 

Reports by, ch 35 § 6 

GENERAL COUNSEL, OFFICE OF 

Description of, ch 35 § 5 

1000 

HOUSE PRACTICE 

GERMANENESS OF 

AMENDMENTS 

Adding to two or more propositions— 

class, definable, bill covering subjects 

within, ch 26 § 12 

diverse subjects, ch 26 § 12 

rulings, illustrative, ch 26 § 12 

Amendments, rule applicable only to, ch 

26 § 1 

Amendment to amendment, germaneness of, ch 26 §§ 3, 14 

Appropriation bills— 

Holman rule, requirement of, ch 26 

§ 13 

limitations on use of funds, ch 26 

§ 13 

rulings, illustrative, ch 26 § 13 

transfer between accounts in bill, germaneness rule does not affect, ch 

26 § 13 

Bill itself, portions of, need not be germane to each other, ch 26 § 1 

Committee amendments, application of 

rule to, ch 26 § 19 

Committee jurisdiction as test— 

amendments, bill as broadened by, ch 

26 § 6 

overlapping jurisdiction, effect of, ch 

26 § 6 

rulings, illustrative, ch 26 § 6 

scope of bill as factor in determining 

germaneness, ch 26 § 6 

Conditions, amendments imposing— 

funds, upon availability of, ch 26 § 22 

rulings, illustrative, ch 26 § 22 

Conferees or managers, motions to instruct, amendments to, ch 26 § 33 

Conference reports— 

Senate provisions in, see below, Senate provisions in conference reports and amendments in disagreement 

Contingency, amendment postponing effectiveness pending— 

enactment of other legislation, ch 26 

§ 26 

postponing effectiveness to date certain compared, ch 26 § 26 

GERMANENESS OF 

AMENDMENTS—Continued 

Contingency, amendment postponing 

effectiveness pending—Continued 

rulings, illustrative, ch 26 § 26 

unrelated contingency, ch 26 § 26 

Defined, ‘‘germaneness,’’ ch 26 § 2 

Exceptions or exemptions, amendments 

containing— 

class, portion of, may be exempted 

from provisions affecting that 

class, ch 26 § 21 

rulings, illustrative, ch 26 § 21 

Fundamental purpose, ch 26 § 7 

censure not germane to impeachment, 

ch 26 § 7 

change in policy, effect of, ch 26 § 7 

change in agency, ch 26 § 7 

rulings, illustrative of, ch 26 § 7 

General amendment to specific proposition— 

rulings, illustrative, ch 26 § 10 

strike, motion to, may broaden scope 

of bill, ch 26 § 10 

substitute for amendment, application 

of test to, ch 26 § 10 

History of rule, ch 26 § 1 

Holman rule, requirement of, ch 26 § 13 

Individual proposition not germane to 

another— 

class of subjects affected by bill, 

amendment relating to class different from, ch 26 § 9 

rulings, illustrative, ch 26 § 9 

Law, existing, ruling as affected by 

bill’s relation to— 

amending law, bill, amendment to, ch 

26 § 27 

changing law, amendment, offered to 

bill not changing law, ch 26 § 31 

extending or continuing law, bill, 

amendment to, ch 26 § 30 

incorporating other laws by reference, 

bill, amendment to, ch 26 § 29 

repealing law, bill, amendment to, ch 

26 § 28 

Limitations, amendments imposing— 

funds in bill, must be confined to, ch 

26 § 25 

1001 

INDEX 

GERMANENESS OF 

AMENDMENTS—Continued 

Limitations, amendments imposing— 

Continued 

policy changes, may not effect, ch 26 

§ 24 

rulings, illustrative, ch 26 §§ 23-25 

Method, different, accomplishing result 

of bill by— 

related method, use of, ch 26 § 8 

rulings, illustrative, ch 26 § 8 

‘‘Miscellaneous’’ heading to portion of 

bill, effect of, ch 26 § 2 

Motive of offeror not a factor in determination as to, ch 26 § 2 

New section or title, amendment adding, 

test of germaneness of, ch 26 §§ 3, 

16 

‘‘Notwithstanding any other provision 

of law,’’ provision to take effect, 

ch 26 § 31 

Paragraph or section of bill to which offered, amendment must be germane 

to, ch 26 §§ 3, 15 

Perfected, text as, amendment must be 

germane to, ch 26 §§ 3, 15 

Points of order— 

burden of proof of germaneness, ch 

26 § 36 

waiver of, ch 26 § 36 

Postponing effectiveness, see above, 

Contingency, amendment postponing effectiveness pending 

Prior amendments, effect of, ch 26 §§ 3, 

15 

Pro forma amendment, germaneness of, 

ch 26 § 17 

Proposition to which amendment must 

be germane— 

new section or title, amendment adding, ch 26 §§ 3, 16 

paragraph or section of bill to which 

offered, ch 26 §§ 3, 15 

title or section of bill to which offered, ch 26 §§ 3, 15 

Purpose, fundamental, as test— 

rulings, illustrative, ch 26 § 7 

GERMANENESS OF 

AMENDMENTS—Continued 

Purpose, fundamental, as test— 

Continued 

substitute, amendment in nature of, 

application of test to, ch 26 § 7 

Qualifications, amendments containing— 

funds, as to disbursement of, ch 26 

§ 22 

rulings, illustrative, ch 26 § 22 

Reading, stage of, as factor in determination as to, ch 26 §§ 2, 3, 15 

Recommit with instructions, motion to, 

application of rule to, ch 26 §§ 3, 

6, 20 

‘‘Relevance’’ distinguished from ‘‘germaneness,’’ ch 26 § 2 

Repealing existing law, amendment, offered to bill not amending law, ch 

26 § 31 

Restrictions, amendments adding— 

discretionary authority, on exercise 

of, ch 26 § 24 

funds in bill, must be confined to, ch 

26 § 25 

rulings, illustrative, ch 26 §§ 23-25 

Rules, adoption of, rule applicable prior 

to, ch 26 § 1 

Scope of bill and amendment as factors 

in determinations as to, ch 26 §§ 2, 

4, 7, 10, 11 

Senate amendments, amendments to— 

concur or recede and concur with 

amendments, motions to, ch 26 

§ 35 

rulings, illustrative, ch 26 § 35 

substitute, amendment in nature of, 

ch 26 § 35 

tests of germaneness, ch 26 § 35 

Senate, in, see SENATE, PRACTICE 

IN 

Senate provisions in conference reports 

and amendments in disagreement— 

points of order, ch 26 § 34 

rulings, illustrative, on Senate amendments to House bills, ch 26 § 34 

1002 

HOUSE PRACTICE 

GERMANENESS OF 

AMENDMENTS—Continued 

Senate provisions in conference reports 

and amendments in disagreement— 

Continued 

separate votes on nongermane language, ch 26 § 34 

Specific amendment to general proposition— 

authority, conferral of, ch 26 § 11 

defining term in bill, amendment as, 

ch 26 § 11 

rulings, illustrative, ch 26 § 11 

Statute, bill amending, test of germaneness of amendment to, ch 26 § 2 

Strike, motion to, germaneness of, ch 26 

§ 17 

Strike, motion to, pending when amendment offered, ch 26 § 3 

Studies, proposals to require, ch 26 § 5 

Subject matter— 

different subject, rule prohibits 

amendment on, ch 26 § 5 

rulings, illustrative, ch 26 § 5 

studies, proposals to undertake, ch 26 

§ 5 

Substitute amendment must be germane 

to pending amendment, ch 2 § 6 

Substitute for amendment, application of 

rule to, ch 26 §§ 10, 18 

Tests of germaneness— 

generally, ch 26 § 4 

exclusive, not mutually, ch 26 § 4 

rulings, illustrative, showing amendment may be related but not germane, ch 26 § 4 

specific tests, see above, e.g., Committee jurisdiction as test; Purpose, fundamental as test; and 

Subject matter 

Text pending, relationship of amendment to, as factor in determination 

as to, ch 26 §§ 2, 3, 15 

Text to which proposition must be germane, see above, Proposition to 

which amendment must be germane 

GERMANENESS OF 

AMENDMENTS—Continued 

Title of bill not controlling in determination as to, ch 26 § 2 

Title or section of bill to which offered, 

amendment must be germane to, ch 

26 §§ 3, 15 

Waiving statute, amendment, ch 26 § 31 

HISTORIAN OF THE HOUSE OF 

REPRESENTATIVES, OFFICE OF 

Description of, ch 35 § 5 

HOUR RULE, see DEBATE 

HOUSE AS IN COMMITTEE OF 

THE WHOLE 

Appropriation bills, consideration of, in, 

see APPROPRIATION BILLS 

Bills, public, considered under fiveminute rule by unanimous consent, 

ch 12 § 1 

Committee of the Whole, distinguished 

from, ch 12 § 1 

District of Columbia business, consideration of, see DISTRICT OF COLUMBIA BUSINESS 

General debate, procedure permits consideration without, ch 16 § 8 

Procedures in— 

motions, ch 12 § 1 

previous question, use of, ch 12 § 1 

Private bills, see PRIVATE BILLS 

IMPEACHMENT 

Abusing or exceeding powers of office, 

ch 27 § 4 

Adjournment, effect of, ch 27 § 5 

Behavior grossly incompatible with office, ch 27 § 4 

Censure not germane to impeachment, 

ch 27 § 8 

Committee investigations— 

access to materials, ch 27 § 7 

confidentiality of materials, ch 27 § 7 

subcommittees, role of, ch 27 § 7 

Consideration in House, see below, Procedure for consideration in House 

1003 

INDEX 

IMPEACHMENT—Continued 

Criminal or noncriminal nature of offense, ch 27 § 4 

Disqualification from holding further office, ch 27 § 10 

Exceeding or abusing powers of office, 

ch 27 § 4 

Grounds, constitutional— 

bribery, ch 27 § 3 

high crimes and misdemeanors, see 

below, High crimes and misdemeanors 

judges, Federal, impeachment of, ch 

27 § 3 

public interest, offense as prejudicial 

to, ch 27 § 3 

treason, ch 27 § 3 

High crimes and misdemeanors— 

criminal or noncriminal nature of offense, ch 27 § 4 

historical usage, ch 27 § 3 

serious and substantial nature of offense, ch 27 § 3 

History, ch 27 § 1 

Improper purpose, using office for, ch 

27 § 4 

Indictable offenses, issue as to whether 

remedy limited to, ch 27 § 4 

Initiation of proceedings— 

articles of impeachment, ch 27 §§ 1, 6 

charges, methods of instituting, ch 27 

§ 6 

resolution in House, ch 27 § 6 

Judges, Federal, impeachment of— 

‘‘good behavior’’ clause applicable to 

Federal judges, interpretation of, 

ch 27 § 3 

grounds for, ch 27 § 3 

historical data, ch 27 § 4 

Managers, reappointment of, in new 

Congress, ch 27 § 5 

Personal gain, use of office for, ch 27 

§ 4 

Persons subject to impeachment— 

civil officers of United States, ch 27 

§ 2 

Congress, Members of, not subject, 

ch 27 § 2 

IMPEACHMENT—Continued 

Persons subject to impeachment— 

Continued 

independent counsel investigating 

President, ch 27 § 2 

judges, Federal, ch 27 § 2 

military officers not subject, ch 27 § 2 

President, ch 27 § 2 

private citizens who have held no office not subject, ch 27 § 2 

Vice President, ch 27 § 2 

Presidential impeachment— 

grounds, constitutional, ch 27 § 3 

historical data, ch 27 § 3 

Privileged, impeachment propositions 

as, ch 27 § 8 

Procedure for consideration in House— 

debate, ch 27 § 8 

motions in order, ch 27 § 8 

privileged, impeachment propositions 

as, ch 27 § 8 

Purpose, ch 27 § 1 

Referral to committee, ch 27 § 6 

Removal from office, ch 27 § 10 

Resignation from office, effect of, ch 27 

§ 2 

Senate, trial in— 

Clinton, President, account of proceedings in trial of, ch 27 § 9 

committee, hearing before, ch 27 § 9 

Constitutional role of Senate, ch 27 

§§ 1, 9 

counsel, role of, ch 27 § 9 

evidence, presentation of, ch 27 § 9 

‘‘full’’ Senate, trial before, ch 27 § 9 

judgment, ch 27 § 10 

removal and disqualification from 

further office, divisibility of 

question on, ch 27 § 10 

testimony by accused, ch 27 § 9 

voting, ch 27 § 10 

Term of office, offense committed prior 

to, ch 27 § 3 

Time of committing offense as factor, 

ch 27 § 3 

Trial, see above, Senate, trial in 

INQUIRY, RESOLUTIONS OF 

Adjournment, effect of, ch 49 § 7 

1004 

HOUSE PRACTICE 

INQUIRY, RESOLUTIONS OF— 

Continued 

Availability requirement, three-day, subject to, ch 49 § 7 

Cabinet officers, ch 49 § 2 

Calling up, ch 49 § 7 

Committees, role of, ch 49 § 6 

Debate under hour rule, ch 49 § 7 

Directed to President or head of executive department, ch 49 § 2 

Discharge of committee, ch 49 § 6 

Executive branch, means to obtain information from, ch 49 § 1 

Form, ch 49 § 1 

Opinion, resolution seeking, effect of, 

ch 49 § 5 

President, directed to, ch 49 § 2 

Privileged status, ch 49 §§ 1, 2, 4, 5 

Privileged status, loss of, ch 49 §§ 2, 4, 

5 

Responses by executive branch— 

disposition of, ch 49 § 8 

refusal to furnish information, ch 49 

§ 8 

Simple resolution, ch 49 § 1 

Subjects of inquiry, illustrative, ch 49 

§ 3 

INSPECTOR GENERAL, OFFICE 

OF 

Description of, ch 35 § 5 

INTERVENING BUSINESS 

Debate— 

amendment, on, ch 2 § 34 

Parliamentary inquiry, ch 2 § 34 

Recognition for debate on amendment, 

ch 2 § 34 

Unanimous-consent request, granting of, 

ch 2 § 34 

Vacating intervening business, ch 2 § 34 

JOINT COMMITTEES 

Chair, ch 11 § 14 

Committees, table showing jurisdiction 

and composition of, ch 11 § 14 

Composition, ch 11 § 14 

JOINT COMMITTEES—Continued 

Concurrent resolution creating, ch 11 

§ 2 

Creation of, ch 11 §§ 1, 2 

Establishment of, ch 11 §§ 1, 2 

Functions generally, ch 11 § 14 

Hearings, see applicable subject matter 

under COMMITTEES, STANDING 

Historical background, ch 11 § 14 

Investigative authority, manner of conferring, on, ch 11 § 10 

Jurisdiction generally, ch 11 § 14 

Members, selection of, ch 11 § 1 

Procedures in committee, see applicable 

subject matter under COMMITTEES, STANDING 

Records and files, see applicable subject 

matter under COMMITTEES,

STANDING 

Reports of, see applicable subjects 

under COMMITTEE REPORTS 

Statute, may be established by, ch 11 

§ 1 

Table showing committees, jurisdiction 

and composition, ch 11 § 14 

Witnesses at hearings, see applicable 

topics under COMMITTEES, 

STANDING 

JOINT SESSION OR JOINT 

MEETING 

Electoral vote count, see ELECTORAL 

VOTE 

State of the Union address, see PRESIDENT 

JOURNAL 

Amendments, ch 28 § 9 

Approval— 

demand for vote, ch 28 §§ 4, 8 

interruption for business having precedence, ch 28 § 5 

motion to approve, ch 28 § 8 

precedence of motions incident to, ch 

28 § 5 

Speaker’s approval subject to demand 

for vote, ch 28 § 4 

1005 

INDEX 

JOURNAL—Continued 

Contents— 

generally, ch 28 § 2 

constitutional requirements, ch 28 

§§ 2, 3 

proceedings included, ch 28 § 2 

quorum calls, ch 28 § 3 

votes, ch 28 § 3 

Corrections, ch 28 § 9 

Public record, ch 28 § 1 

Reading— 

considered as read, when, ch 28 § 4 

customs as to, ch 28 § 7 

demand that Journal be read in full, 

ch 28 § 7 

motion that Journal be read, ch 28 § 6 

procedure for, ch 28 § 7 

Record, official, ch 28 §§ 1, 4 

LAW REVISION COUNSEL, 

OFFICE OF 

Description of, ch 36 § 6 

LAYOVER REQUIREMENT FOR 

COMMITTEE REPORTS, see 

COMMITTEE REPORTS 

LEGISLATION ON 

APPROPRIATION BILLS 

Agriculture, rulings on provisions relating to, ch 4 § 33 

Allocation of funds, provisions changing— 

existing law, directing obligation of 

funds in manner contrary to, ch 

4 § 34 

formula in law, provision changing, 

ch 4 § 34 

limitation on use of funds, see below, 

Limitation on use of funds 

mandating expenditures in manner inconsistent with law, ch 4 § 34 

priorities in expenditure, changing, ch 

4 § 34 

removal of statutory limitation on obligation of funds, ch 4 § 34 

Amending existing law, see below, Existing law, relationship to or effect 

on, of disputed provision 

LEGISLATION ON 

APPROPRIATION BILLS— 

Continued 

Availability of funds, provisions affecting period of— 

expended, funds to remain available 

until, ch 4 § 39 

fiscal year covered by bill, funds 

made available beyond, ch 4 

§ 38 

‘‘immediately available’’ prior to 

start of fiscal year, funds made, 

ch 4 § 38 

permanent appropriations as authorized by law, ch 4 § 38 

public buildings, funds for completion 

of, ch 4 § 38 

ruled out, examples of provisions, ch 

4 § 38 

Burden of proof when point of order is 

raised— 

Committee on Appropriations, burden 

is on, to show validity of provision, ch 4 § 27 

proponent of amendment, ch 4 § 27 

Commerce, rulings on provisions relating to, ch 4 § 33 

Committee report from Committee on 

Appropriations must note unauthorized appropriations and changes in 

existing law, ch 4 § 8 

Conditions or contingencies, provisions 

attaching, to appropriations— 

congressional action or report to Congress required as condition, ch 4 

§ 30 

duties, imposing, on officials, see 

below, Duties, imposing new, or 

conferring new authorities 

law, State, conditions relating to interpretation of, ch 4 § 57 

local or State officials, determinations 

by, ch 4 § 54 

‘‘made known’’ to officials, funds 

made available on condition information be, ch 4 § 54 

ruled out, examples of language that 

was, ch 4 § 29 

1006 

HOUSE PRACTICE 

LEGISLATION ON 

APPROPRIATION BILLS— 

Continued 

Conditions or contingencies, provisions 

attaching, to appropriations— 

Continued 

State or local officials, determinations 

by, ch 4 § 54 

subsequent, condition, ch 4 § 56 

‘‘unless,’’ ‘‘until,’’ and ‘‘provided,’’ 

use of, to introduce conditions, 

ch 4 § 29 

Congressional action, further, attached 

as condition to appropriation, see 

above, Conditions or contingencies, 

provisions attaching, to appropriations 

Congressional employment and compensation, rulings on provisions relating to, ch 4 § 33 

Construction of rule, strict, ch 4 § 27 

Contract authority, granting or changing, see below, Duties, imposing 

new, or conferring new authorities 

Contract authority provided by law 

other than appropriations Act, rescission of, ch 7 § 17 

Discretion of official, provision limiting 

or enlarging— 

conditions on, imposing, ch 4 § 43 

earmarking funds, ch 4 § 43 

enlarging, ch 4 §§ 43, 53 

limitation on use of funds may constitute legislation, ch 4 § 53 

lump-sum authorization, specific appropriation as limiting discretion 

in allotting funds under, ch 4 

§ 12 

restricting, ch 4 § 43 

Duties, imposing new, or conferring 

new authorities— 

general principles, ch 4 §§ 41, 54 

approval, to give, ch 4 § 41 

burden of proof as to requirement of 

existing law respecting proposed 

duties, ch 4 § 42 

certifications, to make, ch 4 § 41 

LEGISLATION ON 

APPROPRIATION BILLS— 

Continued 

Duties, imposing new, or conferring 

new authorities—Continued 

contingent upon performance of new 

duty by official, appropriations 

made, ch 4 § 56 

contract authority, granting or changing, ch 4 § 45 

determinations, to make, ch 4 §§ 31, 

41, 42, 54 

different duties from those contemplated by law, ch 4 § 31 

direction to official, affirmative, distinguished from negative prohibition on use of funds, ch 4 § 54 

discretion of official, proposition affecting, see above, Discretion of 

official, provision limiting or enlarging 

incidental to duties already required 

by law, where proposed duties 

are, ch 4 §§ 42, 54 

investigations or studies, mandating, 

ch 4 § 44 

law, duty of interpreting, ch 4 § 55 

law or rules, existing, implementation 

of, ch 4 § 55 

local or State officials, determinations 

by, ch 4 § 54 

‘‘made known’’ to officials, funds 

made available on condition information be, ch 4 § 54 

reports, to submit, ch 4 § 41 

rulings, illustrative, that provisions 

constituted legislation, ch 4 

§§ 31, 54 

State or local officials, determinations 

by, ch 4 § 54 

studies or investigations, mandating, 

ch 4 § 44 

substantial additional duties, ch 4 § 31 

transfer funds among accounts in bill, 

authority to, ch 4 § 36 

Emergency spending, designating appropriation as, ch 4 § 34 

1007 

INDEX 

LEGISLATION ON 

APPROPRIATION BILLS— 

Continued 

Existing law, relationship to or effect 

on, of disputed provision— 

amendment of law, ch 4 § 28 

change in text of law, ch 4 § 28 

construing law, ch 4 § 32 

description of law, ch 4 § 32 

enactment of law where none exists, 

ch 4 § 28 

incorporation by reference of law, ch 

4 § 32 

interpreting law, ch 4 § 32 

referring to law, ch 4 § 32 

repeal, ch 4 § 28 

ruled out, provisions interpreting law 

that were, ch 4 § 32 

waiver of law, ch 4 § 28 

Federal employment, rulings on provisions relating to, ch 4 § 33 

Foreign affairs, rulings on provisions relating to, ch 4 § 33 

Formula in law governing allotment of 

funds, provision changing, ch 4 

§ 34 

Funding, changing source or method 

of— 

borrowing authority in lieu of direct 

appropriation, ch 4 § 34 

special fund for particular purpose, 

expenditures from general funds 

where law has established, ch 4 

§ 34 

trust funds, unauthorized expenditures 

from, ch 4 § 34 

Funds, changing allocation of, see 

above, Allocation of funds, provisions changing 

History of rule, ch 4 § 27 

Holman rule— 

floor consideration of provisions 

under, ch 4 § 49 

funds in other bills, provisions affecting, not within exception, ch 4 

§§ 46, 47 

general appropriation bills, applies to, 

ch 4 § 46 

LEGISLATION ON 

APPROPRIATION BILLS— 

Continued 

Holman rule—Continued 

germaneness requirement under, ch 4 

§ 47 

limitations and retrenchments distinguished, ch 4 § 46 

offered by any Member after reading 

of bill completed, amendment as, 

ch 4 § 49 

reducing amounts of money covered 

by bill, retrenchment as, ch 4 

§ 46 

reported by Committee on Appropriations, provisions are, ch 4 § 48 

strictly construed, ch 4 § 46 

Housing programs, rulings on provisions 

relating to, ch 4 § 33 

Limitation on amount available for expenditure, effect of language seeking to waive, ch 4 § 14 

Limitation on use of funds— 

direction to official, affirmative, distinguished from negative prohibition on use of funds, ch 4 § 54 

exception to limitation as not in order 

if adding legislative language, ch 

4 § 57 

increase in spending, purported limitation which results in, ch 4 § 51 

minimum amount, provision directing 

expenditure of, is not negative 

limitation, ch 4 § 34 

negative restriction or limitation as 

permitted (see also APPROPRIATION BILLS), ch 4 §§ 34, 

50 

recipients, qualifications of, legislative language addressing, ch 4 

§ 58 

removing statutory limitation, ch 4 

§ 34 

Mandating expenditures, see above, Allocation of funds, provisions 

changing 

Obligation or distribution of funds contrary to existing law, see above, 

1008 

HOUSE PRACTICE 

LEGISLATION ON 

APPROPRIATION BILLS— 

Continued 

Allocation of funds, provisions 

changing 

Other acts, provisions affecting funds in, 

ch 4 §§ 35, 59 

Perfecting provision permitted to remain, ch 4 § 69 

Point of order, enforcement of rule depends on raising, ch 4 § 27 

Priorities in expenditure, provision 

changing, ch 4 § 34 

Public works programs, rulings on provisions relating to, ch 4 § 33 

Recommit with instructions, motion to, 

rule is applicable to, ch 4 § 27 

Reimbursement or refund of appropriated funds, language providing 

for use of funds generated by, ch 4 

§ 40 

Rescissions, exception for, from prohibition on legislation on appropriations, does not extend to amendments, ch 7 § 17 

Rescissions may constitute legislation, 

ch 4 § 35; ch 7 § 17 

Rescissions of certain contract authorities, ch 7 § 17 

Rescissions reported in bills as not within prohibition, ch 7 § 17 

Retrenching expenditures, see above, 

Holman rule 

Rule applicable, generally, ch 4 §§ 7, 27 

Rule prohibiting, ch 4 §§ 7, 27 

Self-executing amendments under special orders of business, prohibition 

not applicable to, ch 4 § 27 

Senate amendments, see SENATE 

AMENDMENTS 

Senate legislation on House bill, see 

CONFERENCE REPORTS 

Senate, rule in, see SENATE, PRACTICE IN 

Sources or methods of funding, provisions changing, see above, Funding, changing source or method of 

LEGISLATION ON 

APPROPRIATION BILLS— 

Continued 

Transfer of funds— 

previously appropriated funds, ch 4 

§ 37 

same bill, transfer within, may not include legislative language, ch 4 

§ 36 

Unauthorized appropriations, comparison of rule prohibiting, with rule 

relating to legislation, ch 4 § 7 

Waiving existing law, provision— 

point of order, as subject to, generally, ch 4 § 28 

‘‘notwithstanding provisions of any 

other law,’’ language appropriating funds, ch 4 § 28 

LEGISLATIVE COUNSEL, OFFICE 

OF 

Description of, ch 35 § 6 

LEGISLATIVE SCHEDULE, see 

SCHEDULE, LEGISLATIVE 

LEGISLATIVE VETO, see 

DISAPPROVAL ACTION, 

CONGRESSIONAL 

LIMITATIONS ON 

APPROPRIATION BILLS, see 

APPROPRIATION BILLS; 

LEGISLATION ON 

APPROPRIATION BILLS 

MANAGERS OF CONFERENCE, 

see CONFEREES OR MANAGERS 

MEDIA COVERAGE OF 

PROCEEDINGS, see TELEVISION 

AND RADIO COVERAGE OF 

PROCEEDINGS 

MEETING, DAILY HOURS OF 

Change in, ch 1 § 2 

1009 

INDEX 

MEMBERS AND MEMBERSELECT 

Business conducted by Members-elect 

at assembly of Congress, ch 5 § 4 

Credentials, see CREDENTIALS 

Elections, see ELECTIONS 

Exclusion of— 

expulsion, distinguished from, ch 25 

§ 1 

Powell v. McCormack, ch 25 § 1 

Expulsion of Member, see ETHICS 

Oath, see OATH 

Qualifications of, constitutional right of 

House to determine, ch 25 § 1 

Resignation, see RESIGNATION 

Rights of Members-elect at assembly of 

Congress, ch 5 § 4 

Roll, Clerk’s, at assembly of Congress, 

ch 5 § 4 

Vacancies, Members elected to fill, included on roll after oath administered, ch 5 § 5 

MEMBERS, FORMER 

Decorum, observance of rules of, ch 10 

§ 2 

Floor privileges of, ch 10 § 2 

MESSAGES BETWEEN THE 

HOUSES 

Bills, messages relating to— 

passage of bill, see PASSAGE AND 

ENACTMENT OF BILLS 

referral of, ch 30 § 3 

return of bill, request for, ch 30 § 3 

Copies of lost documents, ch 30 § 4 

Correction of errors in, ch 30 § 4 

Delivery of, error in, ch 30 § 4 

Errors in, correction of, ch 30 § 4 

Lost documents, ch 30 § 4 

Purposes for which used, ch 30 § 1 

Reception of, ch 30 § 2 

Uses, ch 30 § 1 

MORNING HOUR CALL OF 

COMMITTEES 

Authorization by committee to call up 

bill, ch 31 § 2 

MORNING HOUR CALL OF 

COMMITTEES—Continued 

Business considered under, ch 31 § 2 

Committee of the Whole, motion to go 

into, ch 31 § 3 

Consideration, rarely used procedure for 

calling bills up for, ch 31 § 1 

House Calendar, rarely used procedure 

for calling up bills on, for consideration, ch 31 § 1 

Interruption by privileged business, ch 

31 § 3 

Intervening business, ch 31 § 3 

Precedence of, ch 31 § 1 

Termination of morning hour, ch 31 § 3 

MORNING-HOUR DEBATE, see 

DEBATE 

MOTIONS 

Amended, motions that may be, ch 2 

§ 10 

Amended, motions that may not be, ch 

2 § 10 

Committee of the Whole, motions used 

in, see COMMITTEE OF THE 

WHOLE 

Dilatory, motions considered as, ch 32 

§ 4 

Enacting clause, motion relating to, see 

ENACTING CLAUSE, MOTION 

RELATING TO 

Form, ch 32 § 2 

Lay on the table, to, see TABLE, MOTION TO LAY ON 

Modification of, ch 32 § 5 

Offering— 

manner of, ch 32 §§ 1, 3 

rising and addressing chair, ch 32 

§§ 1, 3 

Postpone, to, see POSTPONEMENT 

Precedence— 

(see also specific motions, e.g., ADJOURNMENT; PREVIOUS 

QUESTION; SUSPENSION OF 

RULES) 

amend, motion to, precedence of, ch 

12 § 21 

1010 

HOUSE PRACTICE 

MOTIONS—Continued 

Precedence—Continued 

enacting clause, motion relating to, 

see ENACTING CLAUSE, MOTION RELATING TO 

rule, assigned by, ch 2 § 9 

Previous question, for, see PREVIOUS 

QUESTION 

Quorum, motions requiring, see

QUORUMS 

Reading of, ch 32 § 2 

Recognition to offer— 

discretion of Chair, ch 32 § 3 

manager of bill, prior recognition for, 

ch 32 § 3 

purpose in seeking, Chair’s inquiry as 

to, ch 32 § 3 

rejection of essential motion, recognition as passing to opposition 

after, ch 32 § 3 

Reoffering, ch 32 § 5 

Restatement of motion by Chair, ch 32 

§ 2 

Specific motions, see specific topics, 

e.g., ADJOURNMENT; COMMITTEE OF THE WHOLE; SUSPENSION OF THE RULES; 

AMENDMENTS 

Withdrawal of, ch 32 § 5; ch 59 § 1 

Writing, motion shall be reduced to, on 

demand of any Member, ch 12 

§ 20; ch 32 § 2 

OATH 

Absent Members, ch 33 § 2 

Administering oath of office, ch 33 § 1 

Certificate of election, challenge to validity of, effect of, ch 23 § 3 

Certificate of election, Member-elect 

sworn in advance of receipt of, ch 

23 § 3; ch 33 § 1 

Challenge to right to be sworn— 

classified information, oath prior to 

obtaining access to, ch 33 § 4 

constitutional authority, ch 33 § 3 

procedure, ch 33 § 3 

Deputies, use of, ch 33 § 2 

OATH—Continued 

Election dispute, effect of, ch 23 § 3 

Failure to take oath, ch 33 § 1 

Members-elect— 

Administration of oath to, ch 33 § 1 

legislative business, oath must precede, ch 5 § 8 

Privilege of administration of oath to 

Member-elect, degree of, ch 33 § 1 

Refusal to take oath, ch 33 § 1 

Resolution, administration of oath may 

be authorized by, ch 33 §§ 1, 3 

Unanimous consent to administer, ch 33 

§ 1 

OFFICERS OF HOUSE 

(See also particular officers, e.g., 

CLERK OF THE HOUSE) 

Chaplain, separate vote on, ch 35 § 2 

Constitutional provisions regarding, ch 

35 § 1 

Election of, ch 35 § 2 

Division of resolution, ch 35 § 2 

Oath, ch 35 § 2 

Offices established by rule or statute, 

see specific offices or officers 

Removal from office, ch 35 § 3 

Rule or statute, certain offices established by, see specific offices or 

officers, e.g., GENERAL COUNSEL, OFFICE OF; INSPECTOR 

GENERAL, OFFICE OF; PARLIAMENTARIAN, OFFICE OF 

Statute or rule, certain offices established by, see specific offices or 

officers, e.g., GENERAL COUNSEL, OFFICE OF; INSPECTOR 

GENERAL, OFFICE OF; PARLIAMENTARIAN, OFFICE OF 

Vacancies, ch 35 § 4 

ONE-MINUTE SPEECHES 

Limit, Speaker may, ch 36 § 3 

Recognition— 

alternation between majority and minority, ch 16 § 50 

Speaker, discretion of, ch 16 § 50 

1011 

INDEX 

ONE-MINUTE SPEECHES— 

Continued 

Scheduled business, prior to, Speaker 

may recognize for one-minute 

speeches, ch 36 § 3 

ORDER OF BUSINESS 

Calendar Wednesday, see CALENDAR 

WEDNESDAY 

Daily order of business— 

prayer and approval of Journal as preceding other business, ch 36 § 2 

rule, applicable, ch 16 § 2; ch 36 

§§ 1, 2 

One-minute speeches, see ONEMINUTE SPEECHES 

Private Calendar, see PRIVATE BILLS 

Privileged business, see PRIVILEGED 

BUSINESS 

Regular sequence of business, see 

above, Daily order of business 

Scheduling business, see SCHEDULE, 

LEGISLATIVE 

Special days (see also specific topics, 

e.g., CALENDAR WEDNESDAY; 

SUSPENSION OF RULES; PRIVATE BILLS) 

rule setting forth, ch 36 §§ 1, 6 

Special-order speeches, see SPECIALORDER SPEECHES 

Special orders of business as affecting, 

see SPECIAL ORDERS OF BUSINESS 

Unanimous-consent orders as affecting, 

see UNANIMOUS CONSENT 

Varying the order of business (see also 

specific topics, e.g., PRIVILEGED 

BUSINESS; SPECIAL ORDERS 

OF BUSINESS; UNANIMOUS 

CONSENT) 

generally, ch 36 § 1 

rule permitting House to depart from 

daily order, ch 36 § 1 

ORGANIZATION OF CONGRESS, 

see ASSEMBLY OF CONGRESS 

OVERSIGHT FUNCTIONS OF 

HOUSE, see COMMITTEES, 

STANDING 

PARLIAMENTARIAN, OFFICE OF 

Description of, ch 35 § 6 

PARLIAMENTARY INQUIRY 

Advisory opinions, Chair does not 

render, ch 37 § 14 

Appeal, response not subject to, ch 37 

§ 13 

Discretion of Chair as to recognition 

for, ch 37 § 13 

Explanation of pending order of House, 

ch 37 § 14 

Hypothetical questions, Chair does not 

respond to, ch 37 § 14 

Interpret pending measure, Chair does 

not, ch 34 § 4 

Interrupting other business, inquiry as, 

ch 37 § 16 

Interrupt Member who has floor, another may not, unless yielded to, ch 

16 § 17 

Motion or other proposition not to be 

offered under recognition for parliamentary inquiry, ch 37 § 14 

Relevant to pending question, subject 

must be, ch 37 §§ 14, 15 

Subjects for, ch 37 § 14 

Time, charging, for, ch 16 §§ 17, 54; ch 

37 § 16 

Timeliness of inquiry, ch 37 § 15 

Yielding floor for inquiry, ch 16 §§ 17, 

54; ch 37 § 16 

PASSAGE AND ENACTMENT OF 

BILLS 

Engrossment, see ENGROSSMENT 

Enrollment, see ENROLLMENT 

Message of transmittal of bill, ch 44 § 9 

President, delivery of measures to, ch 

44 §§ 10, 13 

Readings— 

amendment, reading for, see 

AMENDMENTS 

first reading, ch 44 § 3 

1012 

HOUSE PRACTICE 

PASSAGE AND ENACTMENT OF 

BILLS—Continued 

Readings—Continued 

second reading (see also AMENDMENTS), ch 44 § 4 

third reading, ch 44 § 5 

Return of bill, message requesting, ch 

44 § 9 

Stages in passage, generally, ch 44 § 1 

Transmittal of bills between Houses, ch 

44 § 9 

PETITIONS AND MEMORIALS 

Clerk, delivered to, ch 6 § 6 

State other than Member’s own, Member may present petition from citizens of, ch 6 § 6 

PHOTOGRAPHS IN CHAMBER 

Official photograph of House in session, 

resolution permitting, ch 10 § 5 

Permission required, ch 10 § 5 

Speaker enforces rules, ch 10 § 5 

PLACE OF MEETING see 

ASSEMBLY OF CONGRESS 

POINTS OF ORDER 

Absence of point of order does not preclude Chair’s ruling amendment 

out of order, ch 2 § 1 

Appeals on ruling (see also APPEALS), 

ch 37 § 12 

Burden of proof, ch 37 § 9 

Chair’s initiative in ruling amendment 

out of order where no point of 

order has been made, ch 2 § 1 

Clerk of the House, role of, in ruling on 

points of order prior to election of 

Speaker, ch 37 § 2 

Consideration of bill, point of order 

against, ch 37 §§ 1, 5 

Debate on, is at discretion of Chair, ch 

12 § 18; ch 37 § 9 

Debate on, must be confined thereto, ch 

12 § 18; ch 37 § 9 

Defined, ch 37 § 1 

POINTS OF ORDER—Continued 

Effect of point of order on pending 

business, ch 37 § 8 

Form, ch 37 § 1 

Germaneness rule, points of order 

under, see GERMANENESS OF 

AMENDMENTS 

Grounds, ch 37 § 7 

House, submission of question on point 

of order to, ch 37 § 2 

Multiple points of order, ch 37 § 1 

New Congress, points of order at organization of, ch 37 § 2 

Opposition to, ch 37 § 1 

Pending business, effect of point of 

order on, ch 37 § 8 

Precedent, prior ruling as, ch 37 § 2 

Recommit with instructions, amendments to motion to, against, ch 37 

§ 7 

Reservation of— 

benefit of all Members, inures to, so 

that any Member may assert 

point of order, ch 2 § 33 

debate on merits pending point of 

order, ch 2 § 33 

effect of, ch 37 § 3 

procedure, ch 37 § 3 

withdrawal, effect of, ch 37 § 3; ch 

59 § 4 

Reversal of prior ruling, ch 37 § 2 

Rules of House, based on violation of, 

ch 37 § 7 

Rulings by Chair— 

ambiguities in language, resolving, ch 

37 § 2 

argument, hearing, ch 37 § 2 

factors in Chair’s ruling, ch 37 § 2 

limitation on scope of issues determined by Chair, ch 37 § 7 

Timeliness of— 

amendments, points of order against, 

ch 37 § 6 

‘‘at any time,’’ certain points of order 

may be raised, ch 2 § 34; ch 37 

§ 4 

bills and resolutions, points of order 

against, ch 37 § 5 

1013 

INDEX 

POINTS OF ORDER—Continued 

Timeliness of—Continued 

consideration of bill, against, raised 

in House, ch 12 § 18; ch 37 § 5 

debate on amendment, before, ch 2 

§ 34 

debate on amendment, untimely after, 

ch 12 § 18 

House, after amendment reported to, 

ch 12 § 18 

intervening amendments, effect of, ch 

37 § 4 

intervening business, effect of, ch 2 

§ 34 

intervening debate, effect of, ch 37 

§ 4 

reading or agreement that amendment 

be considered as read, immediately after, ch 2 § 34 

Waiver of— 

special order of business, by (see also 

SPECIAL ORDERS OF BUSINESS), ch 37 § 10 

suspension of rules, by (see also 

SUSPENSION OF RULES), ch 

37 § 10 

unanimous consent, by (see also 

UNANIMOUS CONSENT), ch 

37 § 10 

Withdrawal of, ch 37 § 11; ch 59 § 4 

POSTPONEMENT 

Motion to postpone indefinitely— 

generally, ch 38 § 6 

adoption, effect of, ch 38 § 6 

adverse disposition, considered as, ch 

38 § 6 

amendable, not, ch 38 § 8 

application to particular propositions, 

ch 38 §§ 6, 7 

Committee of the Whole, not in order 

in, ch 38 § 1 

debate on, ch 38 § 8 

disposition, effect of, ch 38 §§ 1, 6 

part of proposition, not applicable to, 

ch 38 § 6 

precedence of, ch 38 § 7 

POSTPONEMENT—Continued 

Motion to postpone indefinitely— 

Continued 

repeating motion, ch 38 § 1 

rule, applicable, ch 38 § 6 

Motion to postpone to day certain— 

generally, ch 38 § 2 

adoption, effect of, ch 38 § 2 

amendment, subject to, ch 38 § 5 

application of, to particular propositions, ch 38 § 4 

Committee of the Whole, not in order 

in, ch 38 § 1 

debate on, ch 38 § 5 

discharge, not applicable to motion 

to, ch 38 § 4 

disposition, effect of, ch 38 § 1 

form, ch 38 § 2 

‘‘next legislative day’’ considered as 

day certain, ch 38 § 2 

part of proposition, not applicable to, 

ch 38 § 4 

precedence of, ch 38 § 3 

repeating motion, ch 38 § 1 

special order of business, applicable 

to, after rejection of previous 

question, ch 38 § 4 

time for making, ch 38 § 2 

voting on, ch 38 § 2 

Rule, applicable, ch 38 § 1 

Speaker’s authority with respect to, ch 

38, § 1 

Special order of business, by, ch 38 § 1 

Statutes, provided for in, ch 38 § 1 

Votes, postponement of, see VOTING 

PREAMBLE OF BILL OR 

RESOLUTION, see AMENDMENTS 

PRECEDENTS OF THE HOUSE 

(See also RULES OF THE HOUSE) 

Generally, ch 50 § 1 

Binding, as, ch 50 § 1 

Custom, effect of, ch 50 § 1 

Overruling precedents, ch 50 § 2 

PRESIDENT 

Budget, submission of, see BUDGET 

PROCESS 

1014 

HOUSE PRACTICE 

PRESIDENT—Continued 

Disability of— 

Congress, role of, concerning, ch 24 

§ 4 

disputes as to, ch 24 § 4 

messages concerning, ch 24 § 4 

Election of President and Vice President— 

electoral vote, see ELECTORAL 

VOTE 

Executive privilege, claim of— 

review by courts, ch 17 § 4 

Incapacity of, see above, Disability of 

State of the Union address referred to 

Committee of the Whole by motion, ch 12 § 2 

PREVIOUS QUESTION 

Adjournment, effect of, when previous 

question operating, ch 39 § 17 

Amendment, ordering previous question 

on, ch 2 § 26 

Amendment, precedence over, ch 16 

§ 16 

Amendment, where Member controlling 

time yields for, another may move 

previous question, ch 16 § 16 

Adoption, effect of, ch 2 § 26 

Applicability to particular questions or 

propositions, ch 39 § 7 

Calendar Wednesday, bills considered 

on, see CALENDAR WEDNESDAY 

Debate on motion, ch 39 § 8 

Disposition, ch 39 § 8 

Effect of— 

amendments, on, ch 39 § 12 

debate, on, ch 39 §§ 10, 11 

divided debate, on, ch 39 § 11 

Final passage, effect of ordering previous question on bill to, ch 39 § 7 

House as in Committee of the Whole, 

use in, ch 12 § 1 

Incidental questions, effect on, ch 39 § 7 

Interrupt Member recognized for debate, 

motion may not, ch 2 § 9 

Intervention of other matters, ch 39 § 5 

PREVIOUS QUESTION—Continued 

Motions and propositions to which applicable, ch 39 § 7 

Offering motion— 

generally, ch 39 § 2 

time for offering, ch 39 § 3 

who may offer, ch 39 § 4 

Precedence of, ch 39 §§ 5, 6 

Propositions to which applied, ch 39 § 7 

Purpose, ch 39 § 1 

Quorum requirements, ch 39 § 3 

Recognition after defeat of, ch 16 § 45; 

ch 39 § 16; ch 46 § 12 

Recommit, motion to— 

ordering previous question, after, ch 

39 § 13 

pending motion for previous question, 

ch 39 § 13 

Reconsideration, ch 39 § 14 

Refusal of, effect of— 

consideration, further, as permitting, 

ch 39 § 15 

recognition of opposition, ch 16 § 45; 

ch 39 § 16; ch 46 § 12 

special order of business, debate on, 

ch 16 § 15 

Senate amendment in disagreement, applicability to motion disposing of, 

ch 39 § 7 

PRIVATE BILLS 

Amendments to— 

class of individuals, not in order to 

extend benefits of bill to, ch 6 

§ 16 

germaneness rule, application of, ch 6 

§ 16 

opposition to amendment, members 

of reporting committee have priority of recognition in, ch 6 § 16 

pro forma amendments not in order, 

ch 6 § 16 

Calendar, Private— 

called up after seven days on calendar, private bills traditionally 

are, ch 6 § 15 

calling the calendar, ch 40 § 2 

1015 

INDEX 

PRIVATE BILLS—Continued 

Calendar, Private—Continued 

dispensing with the call, ch 40 § 3 

objectors, official, review of bills by, 

ch 6 § 15 

order waiving rules governing, ch 40 

§ 3 

purpose, ch 40 § 1 

referrals to, ch 40 § 1 

time for calling, ch 40 § 2 

waiver of rules governing, ch 40 § 3 

Claims against government— 

omnibus claim bill, ch 6 § 14 

procedures for consideration, ch 6 

§ 18 

subject matter of representative 

claims granted redress, ch 6 § 18 

Tort Claims Act, remedies available 

under, private bill not to substitute for, ch 6 § 17 

Combining several bills in omnibus legislation, ch 6 § 13 

Consideration of, procedure for, ch 6 

§ 15 

Constitutionality, ch 6 §§ 13, 18 

Debate on, ch 40 § 5 

Defined, ch 6 § 14 

Errors in, correction of, ch 6 § 15 

History, ch 6 § 13 

Immigration and naturalization laws, exemptions from requirements of, ch 

6 §§ 17, 19 

Introduction of, ch 6 § 15 

Objections, ch 40 § 4 

Objectors, official, review of bills by, 

ch 6 § 15 

Omnibus private bills, ch 6 § 13; ch 40 

§ 6 

Order waiving rules governing Private 

Calendar, ch 40 § 3 

Pension bills, private, restrictions on, ch 

6 § 17 

Procedure for consideration, ch 6 § 15 

Prohibited, certain private bills as, ch 16 

§ 1 

Property rights, conveyance of, ch 6 

§ 17 

PRIVATE BILLS—Continued 

Referral to committee, ch 6 § 15 

Remedies, other, effect of availability 

of, ch 6 § 17 

Resolutions and bills as eligible for consideration, ch 40 § 1 

Screening procedures, ch 40 § 4 

Senate and House, action of, on, ch 40 

§ 8 

Sponsorship of, ch 6 § 15 

Subject matter considered, ch 6 §§ 17, 

18 

Tort Claims Act, remedies available 

under, private bill not to substitute 

for, ch 6 § 17 

Unfinished business, disposition of, ch 

40 § 7 

Waiver of rules governing Private Calendar, ch 40 § 3 

PRIVILEGED BUSINESS 

Appropriation bills (see also APPROPRIATION BILLS), ch 36 § 7 

Committee reports, certain, as privileged 

(see also COMMITTEE REPORTS; COMMITTEES STANDING), ch 36 § 5 

Conference reports, see CONFERENCE 

REPORTS 

Constitutional sources, ch 36 § 4 

Constitution, discharge of committee 

from consideration of matter privileged under, see DISCHARGING 

MEASURES FROM COMMITTEES 

Discharge, motion to (see also DISCHARGING MEASURES FROM 

COMMITTEES), ch 36 § 7 

Disciplinary action against Member, see 

ETHICS 

Election contests and disputes, see 

ELECTION CONTESTS AND 

DISPUTES 

Electoral vote, concurrent resolution 

providing for counting of, see 

ELECTORAL VOTE 

Laws, rules, and customs as establishing 

privilege, ch 36 § 4 

1016 

HOUSE PRACTICE 

PRIVILEGED BUSINESS—Continued 

Layover requirements, applicability of, 

ch 36 § 6 

Motions, privileged, ch 36 § 7 

Questions of privilege distinguished, ch 

36 § 4 

Nonprivileged matter, effect of inclusion 

of, in measure that would otherwise be reported as privileged, ch 

16 § 1 

Order of business, motions relating to, 

ch 36 § 7 

Rules, House, certain business as privileged under, ch 36 §§ 5, 6 

Sources of privilege, ch 36 § 4 

Special orders of business, see SPECIAL ORDERS OF BUSINESS 

Suspension of rules, see SUSPENSION 

OF RULES 

PRIVILEGES OF THE HOUSE 

Arrest, privilege of Members from, ch 

42 § 1 

Committee of the Whole, not in order to 

raise question in, ch 42 § 14 

Constitutional prerogatives, issues relating to, ch 42 § 5 

Contempt proceedings, questions relating to, ch 42 § 5 

Debate on, ch 42 § 15 

Disciplinary action against Member, see 

ETHICS 

Disclosure of executive session materials, ch 42 § 12 

Disposition, ch 42 § 15 

Enforcement of orders and subpoenas, 

ch 42 § 5 

Executive session, disclosure of materials from, ch 42 § 12 

Expungement from Record, ch 42 § 7 

Impeachment, resolutions related to, see 

IMPEACHMENT 

Judicial proceedings, intervention in, by 

House or its employees, ch 42 § 6 

Jurisdiction of House, questions relating 

to, ch 42 § 5 

Legal counsel, provisions for, ch 42 

§ 13 

PRIVILEGES OF THE HOUSE— 

Continued 

Motions during consideration of question, ch 42 § 15 

Notice of intention to raise question, requirements as to, ch 42 § 14 

Orders, enforcement of, ch 42 § 5 

Personal privilege, see PRIVILEGE, 

PERSONAL, QUESTION OF 

Precedence of, ch 42 § 2 

Presenting question, ch 42 § 14 

Privileged questions distinguished, ch 

42 § 1 

Process, service of, see below, Service 

of process 

Raising question of, ch 42 §§ 1, 14 

Record, Congressional, correction of, ch 

42 § 7 

Resolution raising question of— 

debate on, ch 42 § 15 

motions during consideration, ch 42 

§ 15 

notice requirement, ch 42 § 14 

privileged, as, ch 42 § 14 

Service of process— 

procedure in complying with process, 

ch 42 § 9 

response, conditions or limitations as 

to, ch 42 § 11 

response, resolutions in, ch 42 § 10 

Speech and debate, privilege of, ch 42 

§ 1 

Subpoenas, enforcement of, ch 42 § 5 

PRIVILEGE, PERSONAL, 

QUESTION OF 

Basis of privilege— 

charges by fellow Member, ch 42 

§ 17 

debate, words used in, not proper 

basis, ch 16 § 26; ch 42 § 17 

press, charges in, ch 42 § 18 

rights, reputation and conduct of individual Members, questions affecting, ch 42 § 16 

Charges by fellow Member, ch 42 § 17 

Debate on the question, ch 42 § 20 

1017 

INDEX 

PRIVILEGE, PERSONAL, 

QUESTION OF—Continued 

Debate time, limit on, ch 16 § 48 

Debate, words spoken in, not proper 

basis, ch 16 § 26; ch 42 § 17 

Integrity or reputation, reflection on, ch 

42 § 16 

Member, another, charges by, ch 42 

§ 17 

Members, rights and reputation of, questions affecting, ch 42 § 1 

Opinions about voting record or views, 

expression of, as not giving rise to, 

ch 42 § 16 

Precedence of, ch 42 § 2 

Press, charges in, ch 42 § 18 

Procedure for consideration, ch 42 § 19 

Raising question of, ch 42 § 19 

Representative capacity, relate to Member in, ch 42 § 16 

Reputation or integrity, reflection on, ch 

42 § 16 

PRO FORMA AMENDMENTS, see 

DEBATE 

QUESTION OF CONSIDERATION, 

see CONSIDERATION, QUESTION 

OF 

QUORUMS 

Adjournment, considerations related to, 

see ADJOURNMENT 

Arrest of absent Members, see below, 

Call of the House 

Automatic call of the House, see below, 

Call of the House 

Beginning of session, establishing 

quorum at, see ASSEMBLY OF 

CONGRESS 

Bells and signals, use of, to alert Members to quorum call, see BELLS 

AND SIGNALS 

‘‘Business’’ requiring quorum— 

definition of ‘‘business,’’ ch 43 §§ 1, 

3 

vote, where Chair has put pending 

question to, ch 43 §§ 3, 6 

QUORUMS—Continued 

Call of the House— 

arrest of absent Members, ch 43 § 19 

automatic call, ch 43 §§ 11, 14 

closing or locking doors, ch 43 § 19 

Committee of the Whole, procedures 

in, ch 43 §§ 11, 17 

compel attendance of absent Members, call initiated by fifteen 

Members to, ch 43 §§ 11, 13 

compulsory attendance, ch 43 § 19 

constitutional authority, ch 43 § 11 

dispensing with further proceedings, 

ch 43 § 20 

doors, closing or locking, ch 43 § 19 

electronic equipment, use of, to 

record those present and voting, 

ch 43 § 15 

mandated call, ch 43 §§ 11, 14 

motion for, ch 43 § 12 

motion for, recognition by Speaker 

for, ch 43 §§ 11, 12 

motions in order during, ch 43 § 18 

names published and recorded on a 

call, ch 43 § 16 

respond, time to, ch 43 § 15 

securing attendance, ch 43 § 19 

Sergeant-at-Arms, role of, ch 43 § 19 

time for Members to respond, ch 43 

§ 15 

Committee of the Whole— 

calls, quorum, in, ch 43 §§ 11, 17 

established, point of order restricted 

where quorum has once been, ch 

43 § 6 

objection to vote on ground quorum 

is not present not permitted in, 

ch 43 § 11 

point of order of no quorum in, ch 43 

§ 6 

quorum in, what constitutes, ch 43 

§ 2 

Constitutional requirements, ch 43 § 1 

Counting to determine presence of 

quorum— 

Ballin decision, ch 5 § 6; ch 43 § 5 

method, ch 43 § 5 

1018 

HOUSE PRACTICE 

QUORUMS—Continued 

Counting to determine presence of 

quorum—Continued 

present, Members who are, ch 43 § 5 

recounts, ch 43 § 5 

voting, Members present but not, ch 

43 § 5 

Dilatory, point of order as, ch 43 § 9 

House as in Committee of the Whole, 

what constitutes a quorum in, ch 

43 § 2 

House, what constitutes a quorum in, ch 

43 § 2 

Mandated call of the House, see above, 

Call of the House 

Motion for a call of the House, see 

above, Call of the House 

Motions not requiring quorum, ch 43 

§ 4 

Motions requiring quorum, ch 43 § 4 

Objection to vote taken in absence of 

quorum— 

Committee of the Whole, not permitted in, ch 43 § 11 

diligence in seeking recognition for, 

ch 43 § 8 

postponement of proceedings, effect 

of, ch 43 § 7 

timeliness of, ch 43 § 8 

Point of order of no quorum— 

Committee of the Whole, in, ch 43 

§ 6 

dilatory, determination that intent is, 

ch 43 § 9 

established, where quorum has once 

been, ch 43 § 6 

House, in, ch 43 § 6 

time for making, ch 43 § 6 

vote, after question has been put to, 

ch 43 § 6 

Postponement of proceedings on motion 

to suspend rules, effect of, ch 43 

§ 4 

Presumption as to presence of quorum, 

ch 43 § 1 

Recess, authorization to Speaker to declare, see RECESS 

QUORUMS—Continued 

Vote, point of order is entertained in 

House if question has been put to, 

ch 43 §§ 3, 6 

Vote, recorded, demand for, see VOTING 

Withdrawal of point of order of no 

quorum, ch 43 § 10; ch 59 § 4 

RAMSEYER RULE 

Amendment or repeal of statute, rule 

applicable to bill proposing, ch 11 

§ 30 

Appropriations, Committee on, reports 

from, ch 11 § 30 

Comparative print, ch 11 § 30 

Correction of defect, ch 11 § 30 

Points of order under, ch 11 § 30 

Purpose, ch 11 § 30 

Recommittal to correct defect, ch 11 

§ 30 

Rules of House, changes in, comparative print where resolution proposes, ch 11 §§ 29, 30; ch 52 § 2 

Substantial compliance, ch 11 § 30 

Supplemental report to correct defect, 

ch 11 § 30 

Waiver of points of order by special 

order of business or unanimous 

consent, see SPECIAL ORDERS 

OF BUSINESS; UNANIMOUS 

CONSENT 

READING BILL FOR 

AMENDMENT, see AMENDMENTS 

READING, ENGROSSMENT AND 

PASSAGE OF BILLS, see PASSAGE 

AND ENACTMENT OF BILLS 

RECESS 

Adjournment, distinguished from, ch 1 

§ 1; ch 45 § 1 

August recess, see ADJOURNMENT 

Authorizing Speaker to declare— 

conditions, ch 45 § 2 

emergency recess, ch 45 §§ 1, 3 

emergency reconvening, ch 1 § 1; ch 

5 § 2; ch 45 § 3 

1019 

INDEX 

RECESS—Continued 

Authorizing Speaker to declare— 

Continued 

procedures, ch 45 § 2 

quorum requirements, ch 45 § 2 

Business that may be transacted during, 

ch 1 § 1 

Postponement of proceedings, following, ch 1 § 1; ch 45 § 3 

Purposes, ch 45 § 4 

Quorum to authorize Speaker to declare, 

ch 45 § 2 

Speaker’s authority to declare short recesses, ch 1 § 1; ch 45 § 3 

RECOGNITION 

Alternation of recognition— 

opposing sides of question, ch 16 

§ 11; ch 46 § 4 

parliamentary inquiry, party affiliation 

of Member recognized for, not 

taken into account, ch 2 § 20 

parties, between, ch 16 § 11; ch 46 

§ 4 

Bills, generally, as to, ch 46 § 10 

Call up measure, recognition to— 

committee member, ch 16 § 13; ch 46 

§ 7 

designation of Member by committee, 

ch 16 § 13; ch 46 § 7 

discretion of Chair, ch 16 § 13; ch 46 

§ 7 

special orders of business, calling up, 

ch 46 § 13 

Close debate, right to, see DEBATE 

Committee, reporting, Members of, ch 2 

§ 20; ch 11 § 1; ch 16 § 10; ch 46 

§§ 6, 14 

Conferences, as to— 

instruct conferees, motion to (see also 

CONFEREES OR MANAGERS), ch 46 § 16 

reports, conference, calling up, ch 46 

§ 16 

seek, recognition to, ch 46 § 16 

Denial of, basis of, ch 46 § 3 

Discharged bills, ch 46 § 10 

RECOGNITION—Continued 

Discretion of Chair— 

amendments, recognition for, ch 2 

§ 20 

appeal, recognition not subject to appeal, ch 46 § 2 

factors in recognition, ch 46 § 5 

limitations on, under House rules and 

precedents, ch 46 § 3 

Factors in determining priorities in recognition, ch 46 § 5 

Failure to seek, effect of, ch 46 § 6 

Five-minute rule, under— 

generally, ch 46 § 14 

limitation on debate, under, ch 46 

§ 15 

Manager of bill for majority, prior right 

of recognition of, ch 16 § 10; ch 46 

§ 7 

Motions, for, ch 46 § 11 

Necessity of, ch 46 § 1 

Order of recognition for closing speeches, see DEBATE 

Previous question, after defeat of, see 

PREVIOUS QUESTION 

Purpose for seeking, ch 46 § 1 

Rejection of essential motion, recognition of opposition after, ch 46 § 12 

Seeking recognition, ch 46 § 1 

Seniority of members of reporting committee as factor, ch 2 § 20; ch 16 

§ 10; ch 46 § 6 

Special orders of business, effect of, ch 

46 § 14 

Special orders of business, recognition 

for debate on, ch 46 § 13 

Special orders of business, recognition 

to call up, ch 46 § 13 

Unanimous consent, measures called up 

by, ch 46 § 10 

Unanimous-consent requests, see UNANIMOUS CONSENT 

RECOMMIT, MOTION TO 

Application to particular items of business, ch 48 § 10 

Budget resolution, see BUDGET PROCESS 

1020 

HOUSE PRACTICE 

RECOMMIT, MOTION TO— 

Continued 

Commit, motion to, see COMMIT, MOTION TO 

Debate on, ch 48 §§ 12, 15 

Final passage, recommittal pending, ch 

48 § 13 

Form of motion, ch 48 § 2 

Instructions with, see RECOMMIT 

WITH INSTRUCTIONS, MOTION TO 

Previous question, pending or after ordering, ch 48 § 9 

Recognition to offer, ch 48 §§ 11, 14 

Repetition of, ch 48 § 13 

Senate amendments, as to, see SENATE 

AMENDMENTS 

Special orders of business, provisions 

in, ch 48 § 16 

Time for offering, ch 48 §§ 9, 13 

RECOMMIT WITH 

INSTRUCTIONS, MOTION TO 

Amendments to, ch 48 §§ 13, 14, 17 

Amendments to, points of order against, 

ch 37 § 7 

Application to particular items of business, ch 48 § 10 

Budget resolution, see BUDGET 

PROCESS 

Commit, motion to, see COMMIT, MOTION TO 

Conference reports (see also CONFEREES OR MANAGERS), ch 48 

§§ 10, 15 

Debate on, ch 48 §§ 12, 15 

Division of the question on (see also 

DIVISION OF THE QUESTION 

FOR VOTING), ch 48 § 19 

Final passage, recommittal pending, ch 

48 § 13 

‘‘Forthwith,’’ instructions to report, ch 

2 § 47; ch 48 § 18 

Germaneness, see GERMANENESS OF 

AMENDMENTS 

Points of order applicable to, see specific topics, e.g., LEGISLATION 

ON APPROPRIATION BILLS 

RECOMMIT WITH 

INSTRUCTIONS, MOTION TO— 

Continued 

Points of order, instructions as subject 

to, ch 48 § 20 

Previous question, pending or after ordering, ch 48 § 9 

Prohibited, certain instructions as, ch 48 

§ 20 

‘‘Promptly,’’ instructions to report, ch 

48 § 17 

Recognition to offer, ch 48 §§ 11, 14 

Repetition of, ch 48 § 13 

Special orders of business, provisions 

in, ch 48 § 16 

Time for offering, ch 48 §§ 9, 13 

RECONSIDER, MOTION TO 

Amendments, as applied to, ch 47 § 13 

Bills, as applied to, ch 47 § 13 

Budget, concurrent resolution on, not 

applied to, ch 7 § 4; ch 47 § 12 

Calling up the motion, ch 47 §§ 1, 4, 5 

Committee of the Whole, not in order 

in, ch 16 § 56; ch 47 § 1 

Committees, standing, use in, ch 47 § 6 

Conference reports— 

applicability of motion generally, ch 

47 § 14 

budget resolution, motion precluded 

as to report on, ch 47 § 12 

Debate on, ch 47 § 10 

Effect of agreeing to, ch 47 § 3 

Entering motion, ch 47 §§ 1, 4, 5 

Failure to act on, ch 47 § 3 

Forms, ch 47 § 7 

Historical background, ch 47 § 1 

Joint resolutions, as applied to, ch 47 

§ 13 

Motions, affirmative vote on certain as 

applied to, ch 47 § 12 

Motions, rejection of certain, not applied to, ch 47 § 12 

Offering motion— 

prevailing side, Member entering motion must be on, ch 47 § 4 

who may offer, ch 47 § 4 

1021 

INDEX 

RECONSIDER, MOTION TO— 

Continued 

Orders of House, as applied to, ch 47 

§ 11 

Precedence of, ch 47 § 8 

President, measures sent to, as applied 

to, ch 47 § 15 

Privilege of, ch 47 § 8 

Pro forma use of, ch 47 § 2 

Purpose, ch 47 § 1 

Quorum requirements, ch 47 § 9 

Recommittal of measure, as applied to, 

ch 47 § 11 

Referral of measure to committee, not 

applied to, ch 47 § 11 

Repetition of motion precluded, ch 47 

§ 3 

‘‘Same or succeeding day,’’ in order on, 

ch 47 § 5 

Senate amendment to House bill, ch 47 

§ 14 

Senate, measures sent to, as applied to, 

ch 47 § 15 

Speaker, pro forma motion by, ch 47 

§§ 2, 7 

Statutes expediting procedures, effect 

of, ch 47 § 12 

Table, motion to, ch 47 § 2 

Time for entering motion, ch 47 § 5 

Two days, motion entered within, ch 47 

§ 5 

Voting on, ch 47 § 10 

Withdrawal of, ch 47 § 10 

RECORD, CONGRESSIONAL, see 

CONGRESSIONAL RECORD 

REFERRAL OF BILLS, 

RESOLUTIONS, AND OTHER 

MATTER 

Ad hoc committee, referral to— 

House, committee established by, ch 

6 §§ 8, 12 

jurisdiction of multiple committees, 

referral to committee representing (see also COMMITTEES, JURISDICTION OF), ch 

6 § 8 

REFERRAL OF BILLS, 

RESOLUTIONS, AND OTHER 

MATTER—Continued 

Automatic recommittal to Committee of 

the Whole after disagreeing to recommendation to strike enacting 

clause, ch 48 § 8 

Bills, referral of— 

debate, without, ch 6 § 7 

error in original referral, in case of, 

ch 6 § 7 

motion, by, ch 6 § 7 

Commit, motion to, see COMMIT, MOTION TO 

Committee of the Whole, motion to 

refer not in order in, ch 48 § 4 

Enacting clause, motion to refer pending 

motion to strike, see below, Motion 

to refer 

Error in referral of bill, ch 6 § 7; ch 11 

§ 8 

Executive communications, ch 6 § 10 

House, referral by, ch 6 § 7; ch 11 § 8; 

ch 48 §§ 1, 5 

Inquiry, resolutions of, see INQUIRY, 

RESOLUTIONS OF 

Matters subject to referral— 

bills and resolutions, ch 6 § 10 

executive communications, ch 6 § 10 

petitions, ch 6 § 6 

portion of bill, ch 6 § 10 

Presidential message, ch 6 § 10 

Senate amendments, ch 6 § 10; ch 51 

§ 7 

Senate bills and messages, ch 6 § 10; 

ch 51 §§ 5, 6 

Motion to refer— 

committees, to particular, ch 48 § 3 

debate, in order when question is 

under, ch 48 §§ 1, 5 

debate on, ch 48 § 7 

effect, ch 48 § 2 

enacting clause, pending motion to 

strike, ch 48 § 8 

form, ch 48 § 2 

precedence of, ch 48 § 6 

Speaker, distinguished from referral 

by, upon introduction of bill, ch 

48 § 1 

1022 

HOUSE PRACTICE 

REFERRAL OF BILLS, 

RESOLUTIONS, AND OTHER 

MATTER—Continued 

Portion of bill, ch 6 § 10 

Precedence of motion to refer, see 

above, Motion to refer 

Presidential message, ch 6 § 10 

Primary jurisdiction, committee of, designation of, ch 6 § 8 

Private bills, see PRIVATE BILLS 

Recommit, motion to, see RECOMMIT, 

MOTION TO 

Reported from committee, procedures 

after bill is— 

(see also above, Motion to refer) 

calendar, bill referred to, ch 6 § 7 

debate, motion to refer in order when 

question is under, ch 48 §§ 1, 5 

points of order against referral not entertained, ch 6 § 7 

sequentially referred to other committees, bill may be, ch 6 § 7 

stages at which motion to refer is in 

order, ch 48 § 1 

Rules governing referrals, ch 6 § 7 

Senate amendments to House bills, ch 6 

§ 10 

Senate bills and messages (see also 

SENATE BILLS ON SPEAKER’S 

TABLE DISPOSITION OF), ch 6 

§ 10 

Sequential referrals— 

amendments, where bill reported from 

committee with, ch 6 § 9 

budget, concurrent resolution on, see 

BUDGET PROCESS 

reported from committee, referral to 

other committees after, ch 6 

§§ 7, 8 

Speaker, by, ch 6 § 7; ch 48 § 1 

Speaker, referral by, upon introduction 

of bill distinguished from motion 

to refer, ch 48 § 1 

Special committee, referral to, see 

above, Ad hoc committee, referral 

to 

REFERRAL OF BILLS, 

RESOLUTIONS, AND OTHER 

MATTER—Continued 

Time limits imposed on committee consideration— 

discharge of committee after lapse of 

time, ch 6 § 11 

extensions, ch 6 § 11 

Speaker, by, ch 6 §§ 8, 11 

Veto message and bill, see VETO 

RESIDENT COMMISSIONER, see 

DELEGATES AND RESIDENT 

COMMISSIONER 

RESIGNATION 

Member, procedure for resignation by, 

ch 23 § 4 

Vacancy, filling, ch 23 § 4 

RESOLUTIONS OF INQUIRY, see 

INQUIRY, RESOLUTIONS OF 

REVENUE LEGISLATION, 

PREROGATIVE OF HOUSE TO 

ORIGINATE 

Appropriations, encompasses authority 

as to, ch 4 § 2 

Constitutional provisions, ch 4 §§ 1, 2 

Question of the privileges of the House, 

ch 42 § 5 

RISE OR RISE AND REPORT, 

MOTION TO, see COMMITTEE OF 

THE WHOLE 

RULES OF THE HOUSE 

Absence of rule governing particular 

procedure, effect of, ch 50 § 3 

Adoption of— 

beginning of Congress, at, ch 5 § 6; 

ch 50 § 1 

constitutional provisions relating to, 

ch 5 § 6; ch 50 § 1 

parliamentary law, general, prior to 

adoption House proceeds under, 

ch 5 § 7 

prior Congress, rules adopted by, not 

binding, ch 5 § 6 

1023 

INDEX 

RULES OF THE HOUSE—Continued 

Adoption of—Continued 

prior to adoption of rules, House proceeds under general parliamentary law, ch 5 § 7 

resolution adopting rules, proceedings 

relating to, ch 5 § 6 

Binding, as, ch 50 § 2 

Changing rules, ch 50 § 4 

Construction, principles of— 

factors considered by Chair, ch 50 § 3 

inconsistencies with another rule or 

with statute, ch 50 § 3 

intention of House, determining, ch 

50 § 3 

Joint rules, ch 50 § 1 

Points of order based on, see POINTS 

OF ORDER; and see particular 

subject matter, e.g., GERMANENESS OF AMENDMENTS 

Precedents, see PRECEDENTS OF 

THE HOUSE 

Publication of, ch 50 § 1 

Special orders of business, see SPECIAL ORDERS OF BUSINESS 

Statutory rules, ch 50 § 1 

Waiver of rules, see SPECIAL ORDERS OF BUSINESS 

SCHEDULE, LEGISLATIVE 

Announcement as to, ch 36 § 1 

Inquiries as to, ch 36 § 1 

Leadership of majority party, role of, in 

setting agenda, ch 36 § 1 

Meeting, daily hours of, change in, ch 1 

§ 2 

SECRET SESSIONS 

Access to classified information, guidelines as to, ch 16 § 65 

Committee meetings in executive session, see COMMITTEES, STANDING 

Conditions and restrictions relating to, 

ch 16 § 65 

Historical background, ch 16 § 63 

House, pursuant to motion in, ch 16 

§§ 63, 64 

SECRET SESSIONS—Continued 

Motions before and during secret session, ch 16 §§ 63, 64 

Occasions for, ch 16 § 63 

President, confidential communications 

from, ch 16 § 63 

Procedures before and during secret session, ch 16 §§ 63, 64 

Public, motion to make proceedings 

available to, ch 16 § 64 

Referral of transcripts to committees, ch 

16 § 65 

Speaker, directions announced by, ch 16 

§ 65 

Speaker’s authority, ch 10 § 2 

Special order of business, pursuant to, 

ch 16 § 63 

Unanimous-consent request, pursuant to, 

ch 16 § 63 

SELECT COMMITTEES 

Ad hoc committees, creation of, to consider particular measures, ch 11 § 2 

Appointment of members by Speaker, 

ch 11 § 1 

Commissions, distinguished from, ch 11 

§ 1 

Committees, specific, table listing jurisdiction of, ch 11 § 13 

Duration of, ch 11 § 1 

Establishing committee, ch 11 § 2 

Existence of duration of, ch 11 § 1 

Hearings, see applicable subject matter 

under COMMITTEES, STANDING 

Historical background, ch 11 §§ 12, 13 

Investigative authority, manner of conferring, on, ch 11 § 10 

Investigative authority, table showing 

jurisdiction and, of specific committees, ch 11 § 13 

Members appointed by Speaker, ch 11 

§ 1 

Permanent, may be, ch 11 § 1 

Procedures in committee, see applicable 

subject matter under COMMITTEES, STANDING 

1024 

HOUSE PRACTICE 

SELECT COMMITTEES—Continued 

Records and files, see applicable subject 

matter under COMMITTEES, 

STANDING 

Reports of, see applicable subjects 

under COMMITTEE REPORTS 

Resolution creating, ch 11 § 2 

Standing committees, distinguished 

from, ch 11 §§ 1, 4 

Table showing committees, jurisdiction, 

and reporting authority, ch 11 

§§ 12, 13 

Uses of, table showing, ch 11 § 13 

Witnesses at hearings, see applicable 

topics under COMMITTEES, 

STANDING 

SENATE AMENDMENTS 

Adhere, motion to— 

effect, ch 51 § 29 

precedence of, ch 51 §§ 16, 29 

Amendment of, by House— 

adhere, motion to, to amendment, ch 

51 §§ 16, 29 

degrees of amendment, permissible, 

applicability of rule as to, ch 51 

§ 27 

insist on amendment, motion to, ch 

51 § 29 

recede, motion to, from amendment, 

ch 51 § 29 

Appropriation bill, Senate amendment 

to, in form of limitation— 

conference managers, authority of, 

with respect to agreeing to, ch 4 

§ 71 

Appropriation, Senate amendment including, on legislative bill— 

conference managers, authority of, 

with respect to agreeing to Senate amendment, ch 4 § 71 

Appropriation, unauthorized, in Senate 

amendment— 

amendments in House to Senate 

amendment, ch 4 § 70 

House disposition of, ch 4 § 70 

SENATE AMENDMENTS— 

Continued 

Committee of the Whole, consideration 

in— 

point of order that amendment requires, ch 51 § 9 

requirement of, as to certain amendments generally, ch 12 § 4; ch 51 

§ 9 

Concur, motion to, ch 51 §§ 15, 16 

Concur with amendment, motion to, ch 

51 §§ 15, 16 

Conference, sending bill to, before stage 

of disagreement (see also CONFERENCE), ch 51 § 14 

Debate on motions to dispose of— 

hour rule, applicability of, ch 16 § 45 

Disagree and request or agree to conference, motion to, ch 51 §§ 15, 16 

Disagreement, disposition after reaching 

stage of— 

adhere, motion to, ch 51 § 24 

debate, ch 51 § 25 

insist, motion to, ch 51 § 22 

motions available and precedence of, 

generally, ch 51 §§ 16, 18 

motions, privilege of, ch 51 § 17 

privilege of motions, ch 51 § 17 

recede and concur, motion to, ch 51 

§ 20 

recede and concur with amendment, 

motion to, ch 51 § 21 

recognition, ch 51 § 25 

refer to committee, motion to, ch 51 

§ 23 

table, motion to lay on, ch 51 § 19 

Disagreement, disposition prior to stage 

of— 

Committee of the Whole, amendments requiring consideration in, 

restrictions on House disposition 

of, ch 51 § 9 

conference, sending to (see also 

CONFERENCE), ch 51 § 14 

consideration by order of the House, 

generally, ch 51 § 10 

consideration by suspension of the 

rules, ch 51 § 13 

1025 

INDEX 

SENATE AMENDMENTS— 

Continued 

Disagreement, disposition prior to stage 

of—Continued 

consideration by unanimous consent, 

ch 51 § 12 

consideration pursuant to special 

order of business, ch 51 § 11 

House, consideration in, of amendments not requiring consideration in Committee of the 

Whole, ch 51 § 8 

House, restrictions on disposition by, 

of amendments requiring consideration in Committee of the 

Whole, ch 51 § 9 

motions available and their precedence where amendment considered pursuant to House order, ch 

51 § 15 

referral to committees, ch 51 § 7 

Disagreement, stage of, generally— 

defined, ch 51 § 16 

effects of reaching, on motions and 

procedures available, ch 51 

§§ 16, 18 

reached, how, ch 51 § 16 

Disagree, motion to, ch 51 §§ 15, 16 

Division of the question, applicability of 

demand for— 

concur, motion to, ch 21 § 15 

concur with an amendment, ch 21 

§ 15 

recede and concur, motion to, ch 21 

§ 15 

Germaneness issues— 

amendments to Senate amendments, 

ch 26 § 35; ch 51 § 28 

conference reports and amendments 

in disagreement, nongermane 

Senate provisions in, ch 26 § 34; 

ch 51 § 26 

motions to reject nongermane language, ch 51 §§ 26, 28 

points of order, effect of, ch 51 § 28 

Insist, motion to, ch 51 §§ 16, 22 

SENATE AMENDMENTS— 

Continued 

Legislation in Senate amendment to appropriation bill— 

amendments in House to Senate 

amendment, ch 4 § 70 

conference managers, authority of, 

with respect to agreeing to Senate amendment, ch 4 §§ 70, 71 

House disposition of, ch 4 § 70 

Motions available and their precedence 

for disposition of, after stage of 

disagreement reached, ch 51 §§ 16, 

18 

Motions available and their precedence 

for disposition of, prior to stage of 

disagreement, ch 5 §§ 15, 16 

Privileged for consideration, certain motions disposing of amendments as, 

only after stage of disagreement 

reached, ch 51 §§ 9, 17 

Recede and concur, motion to, ch 51 

§§ 16, 20 

Recede and concur with amendment, 

motion to, ch 51 §§ 16, 21 

Recommit, denial of motion to, special 

order of business having effect of, 

ch 51 § 11 

Referral to committee— 

motion to refer, ch 51 § 7 

Speaker, by, ch 51 § 7 

special order of business, by, ch 51 

§ 7 

Special order of business, consideration 

by, ch 51 § 11 

Special order of business self-executing 

disposition of amendment (see also 

SPECIAL ORDERS OF BUSINESS), ch 51 § 11 

Suspension of the rules, consideration 

by, ch 51 § 13 

Table, motion to, as applied to amendments or related motions, ch 29 

§ 7; ch 51 § 19 

Unanimous consent, consideration by, 

ch 51 § 12 

1026 

HOUSE PRACTICE 

SENATE BILLS ON SPEAKER’S 

TABLE, DISPOSITION OF 

Committee, authorization by, to call up, 

ch 51 § 2 

General principles, ch 51 § 1 

Motion, calling up certain bills by— 

committee, authorization by, ch 51 

§ 2 

consideration of bill, ch 51 § 2 

form of address, ch 51 § 2 

substantially the same as House bill, 

Senate bill must be, ch 51 § 2 

Private bills, ch 51 § 2 

Referral to committee— 

discretion of Speaker, ch 51 § 6 

Speaker, by, ch 51 § 5 

Special orders of business— 

conditions imposed by, ch 51 § 4 

consideration pursuant to, ch 51 § 4 

Substantially the same as House bill, 

where bill is, ch 51 § 2 

Unanimous consent, calling bill up by, 

ch 51 § 3 

SENATE MEASURES, HOUSE 

AMENDMENTS TO 

Adhere, motion to, to amendment, ch 51 

§§ 16, 29 

Degrees of amendment, permissible, applicability of rule restricting, ch 51 

§ 27 

Germaneness issues, see SENATE 

AMENDMENTS 

Insist on amendment, motion to, ch 51 

§ 29 

Recede, motion to, from amendment, ch 

51 § 29 

SENATE, PRACTICE IN 

Germaneness issues— 

appropriation bills, ch 26 § 32 

budget, concurrent resolution on, ch 

26 § 32 

budget reconciliation bills, ch 26 § 32 

cloture, after, ch 26 § 32 

House, practice, comparison with, ch 

26 § 32 

SENATE, PRACTICE IN—Continued 

Germaneness issues—Continued 

unanimous-consent agreements prohibiting nongermane amendments, ch 26 § 32 

Senate scope rule, ch 13 § 21 

SENATE, REFERENCES TO, IN 

DEBATE 

Chair, initiative of, in enforcing rule, ch 

16 § 23 

Criticism of Senate, ch 16 § 23 

Former rule, ch 16 § 23 

Personal references to Senators prohibited, ch 16 § 23 

SEPARATE VOTE IN HOUSE ON 

AMENDMENTS ADOPTED IN 

COMMITTEE OF THE WHOLE, see 

AMENDMENTS 

SERGEANT-AT-ARMS 

Continuance in office, ch 35 § 1 

Duties of, ch 35 § 1 

Order, role in maintaining, ch 16 § 21 

SPEAKER 

Calendars, referral of bills to, see CALENDARS 

Chamber, authority over use of, ch 10 

§§ 1, 2 

Criticism of, see WORDS, UNPARLIAMENTARY 

Debate, participation in, ch 34 § 5 

Duties of, ch 34 §§ 1, 4 

Election of, ch 34 § 3— 

Delegates and Resident Commissioner do not vote, ch 5 § 4 

privilege, nominations are of highest, 

ch 5 § 4 

Galleries, authority over, see GALLERIES 

Limitations on scope of responsibility, 

ch 34 § 4 

Minority, role in protecting rights of, ch 

34 § 1 

Nominations for, ch 34 § 3 

1027 

INDEX 

SPEAKER—Continued 

Order, preservation of, on floor and in 

galleries, see, e.g., DECORUM; 

GALLERIES; WORDS UNPARLIAMENTARY 

Recesses, authority to declare, see RECESS 

Role of, ch 34 §§ 1, 4 

Rooms, unappropriated, authority as to, 

ch 10 § 1 

Secret sessions, authority as to, see SECRET SESSIONS 

Senate bills on Speaker’s table, see 

SENATE BILLS ON SPEAKER’S 

TABLE, DISPOSITION OF 

Term of office, ch 34 § 2 

Unanimous-consent requests, proceedings relating to, see UNANIMOUS CONSENT 

Vacancy in office, ch 34 § 2 

Voting, participation in, ch 34 § 5 

SPEAKER PRO TEMPORE 

Appointment of, ch 34 § 6 

Authority of— 

elected or appointed Speaker pro tempore, authority of, ch 34 § 6 

limitations on, ch 34 § 6 

Election of, ch 34 § 6 

Majority party, usually a member of, ch 

34 § 6 

Member of House, must be, ch 34 § 6 

Oath of office, ch 34 § 6 

SPECIAL ORDER OF BUSINESS 

FOR CONSIDERATION OF BILL, 

see SPECIAL ORDERS OF 

BUSINESS; UNANIMOUS 

CONSENT 

SPECIAL-ORDER SPEECHES 

Hour, one, Members designated by 

party leaders may speak for, ch 36 

§ 3 

Recognition— 

alternation between majority and minority, ch 16 § 50 

limitations on recognition, ch 16 § 50 

SPECIAL-ORDER SPEECHES— 

Continued 

Recognition—Continued 

ten o’clock, denial of recognition 

after, ch 16 § 50 

policy statement by Speaker, ch 16 

§ 50 

withdrawal of, ch 16 § 61 

Time, limit on extension of, ch 16 § 48 

Unanimous consent, by, ch 36 § 3 

SPECIAL ORDERS OF BUSINESS 

Amendment, process of, various forms 

of special orders of business affecting, ch 2 § 11 

Amendment to be reported to House, 

rule specifying, where more than 

one is adopted, ch 2 § 30 

Amendments, order of consideration of, 

may be prescribed by, ch 2 § 28 

Amendments to rule, ch 52 § 4 

Applicability, generally, to various 

measures, ch 52 § 1 

Budget resolutions, consideration of, see 

BUDGET PROCESS 

Calling up, ch 52 §§ 2, 3 

Closed rule— 

generally, purpose of, ch 2 § 11; ch 

52 § 6 

Committee on Rules— 

authority, restrictions on, ch 52 § 1 

jurisdiction of, ch 52 § 1 

recommit, motion to, restrictions on 

special orders of business that 

would prevent, ch 52 § 1 

Conditions stated in rule for consideration of measure, generally, ch 16 

§ 3 

Debate, designating Members to control— 

amendment, manager of bill opposed 

to, ch 16 § 14 

committee, reporting, chair and ranking minority member of, ch 16 

§ 14 

committees, multiple, dividing debate 

among, ch 16 § 14 

1028 

HOUSE PRACTICE 

SPECIAL ORDERS OF 

BUSINESS—Continued 

Debate, designating Members to 

control—Continued 

time limits, establishing, ch 16 § 44 

Debate, limiting or extending time for 

in House, ch 16 § 48 

Debate on special order of business— 

hour rule, under, ch 52 § 4 

yielding time, Member in charge as, 

ch 16 § 15; ch 52 § 4 

Dilatory motions during consideration 

of rule not permitted, ch 52 § 4 

Discharging rule from Committee on 

Rules, ch 19 §§ 1, 3, 7 

Divisible, rule not, ch 52 § 4 

En bloc, consideration of amendments, 

special order of business may permit, ch 2 § 30 

Filing of, form of, ch 52 § 3 

‘‘First amendment adopted’’ rule, ch 2 

§ 30 

‘‘Hereby,’’ adoption provided, see 

below, Self-executing adoption of 

amendments or provisions 

‘‘King of the Hill’’ procedure, ch 2 

§ 30; ch 52 § 6 

Mandatory, rule may make consideration, ch 16 § 3 

Modification of rule by subsequent resolution, ch 52 § 5 

Modification of rule by unanimous consent in House, ch 52 § 5 

Modification of rule, material, not permitted in Committee of the Whole, 

ch 12 § 9; ch 52 § 5 

Modified closed rule— 

generally, purpose of, ch 2 § 11; ch 

52 § 6 

modification in Committee of the 

Whole of amendment made in 

order by rule, ch 2 § 37 

Modified open rule— 

generally, purpose of, ch 2 § 11 

Open for a time, closed thereafter, 

rule— 

generally, purpose of, ch 2 § 11; ch 

52 § 6 

SPECIAL ORDERS OF 

BUSINESS—Continued 

Open rule— 

generally, purpose of, ch 2 § 11; ch 

52 § 6 

Previous question on resolution, effect 

of rejection of, ch 52 § 4 

Privilege, conferral of, on measure to be 

considered, ch 52 § 1 

Recognition, effect on, of, ch 46 § 14 

Recognition for debate on, ch 46 § 13 

Recognition to call up, ch 46 § 13 

Record, Congressional, application of 

rule permitting only amendments 

printed in, ch 2 § 12 

Reporting special orders of business— 

calling up, ch 52 §§ 2, 3 

consideration, question of, not applicable, ch 52 § 4 

precedence of report, ch 52 § 2 

privilege of report, ch 52 § 2 

same-day consideration, ch 52 §§ 2, 3 

seven-day rule, calling up report 

under, ch 52 § 2 

Same-day consideration of, ch 52 §§ 2, 

3 

Scope and uses of, generally, ch 16 § 3; 

ch 52 § 6 

Self-executing adoption of amendments 

or provisions— 

budget authority, new, amendment 

providing, see BUDGET PROCESS 

purpose and form of provision selfexecuting adoption of amendment, ch 2 § 11; ch 52 § 6 

Senate amendments (see also SENATE AMENDMENTS), ch 51 

§ 11 

Senate bills, see SENATE BILLS ON 

SPEAKER’S TABLE, DISPOSITION OF 

Seven-day rule, calling up report under, 

ch 52 § 2 

Time limitations on debate, establishing— 

generally, ch 16 § 44 

‘‘Top vote getter’’ rule, ch 2 § 30 

1029 

INDEX 

SPECIAL ORDERS OF 

BUSINESS—Continued 

Unreported bill, providing for consideration of, ch 52 § 1 

Voting on rule, ch 52 § 4 

Waiver of points of order— 

(e.g., lack of three-day availability, 

germaneness, budget, legislation 

on appropriation bills, and unauthorized appropriations) 

amendment, provision making in 

order, does not preclude points 

of order in absence of specific 

waiver, ch 2 § 11 

conference reports, ch 13 §§ 24, 25, 

28, 30 

implied, waiver is not, in absence of 

specific waiver, ch 2 § 11 

Ramseyer rule, waiver of, ch 11 § 30 

specific waiver, provision making 

amendment in order does not 

preclude points of order in absence of, ch 2 § 11 

statutory provisions enacted as exercise of rule-making authority, ch 

52 § 1 

SPECIAL RULE, RESOLUTION 

FROM COMMITTEE ON RULES 

PROVIDING FOR, see SPECIAL 

ORDERS OF BUSINESS 

SPONSORS OF BILL, see BILLS 

AND RESOLUTIONS 

STAT-PAYGO, see BUDGET 

PROCESS 

STATE OF THE UNION ADDRESS, 

see PRESIDENT 

SUSPENSION OF RULES 

Adoption of motion— 

vote, two-thirds, ch 16 § 4 

Conference report, adoption of, see 

CONFERENCE REPORTS 

Days on which motion in order, see 

below, Motion 

Debate on motion, see below, Motion 

SUSPENSION OF RULES— 

Continued 

Division of the question, see DIVISION 

OF THE QUESTION FOR VOTING 

Legislative measures, passage of, ch 53 

§ 2 

Motion— 

adoption, effect of, ch 53 § 3 

amendments, restrictions on, ch 53 

§ 8 

application of, ch 53 § 1 

consideration of, ch 53 § 7 

days on which in order, ch 16 § 2; ch 

53 §§ 1, 4, 5 

debate on, ch 16 § 4; ch 53 § 7 

notice requirements, ch 53 § 4 

offering, ch 53 § 6 

postponing votes on, ch 53 § 10 

precedence of, ch 53 § 5 

recognition to offer, ch 53 § 6 

rule authorizing, ch 53 § 1 

uses of, ch 53 § 1 

voting on, ch 53 § 10 

withdrawal of, ch 53 § 9 

Motions that are not applied during consideration of motion to suspend, ch 

53 § 5 

Notice requirements, see above, Motion 

Privileged, motion as, on specified days, 

ch 16 § 2; ch 53 §§ 1, 4, 5 

Rule authorizing, ch 53 § 1 

Rules that are deemed suspended, ch 53 

§ 3 

Special orders of business, effect of, ch 

53 § 1 

Subject to suspension, rules that are, ch 

53 § 3 

Subject to suspension, rules that are not, 

ch 53 § 3 

Uses of motion, see above, Motion 

TABLE, MOTION TO LAY ON 

Adoption, effect of, ch 29 §§ 1, 7 

Application to particular propositions— 

bills and resolutions, ch 29 § 4 

conference reports on bills in disagreement, not applicable to, ch 

29 § 4 

1030 

HOUSE PRACTICE 

TABLE, MOTION TO LAY ON— 

Continued 

Application to particular propositions— 

Continued 

motions, certain, ch 29 § 5 

special orders of business, applicable 

to, only after rejection of previous question, ch 29 § 4 

Collateral matters carried to table, ch 29 

§ 7 

Committee of the Whole, not in order 

in, ch 3 § 5; ch 12 § 20; ch 29 § 2 

Debate on, ch 29 § 6 

Disposing of, ch 29 § 6 

Precedence of, ch 29 § 3 

Previous question— 

ordered, motion to table not in order 

after previous question is, ch 29 

§ 3 

pending ordering of, ch 29 § 3 

rejection of, motion to table in order 

after, ch 29 § 3 

Procedure for considering, ch 29 § 6 

Reconsideration of affirmative vote on 

motion, ch 29 § 8 

Rejection, effect of, ch 29 § 1 

Related matters carried to table when 

certain propositions are tabled, ch 

29 § 7 

Reoffering measure that has been tabled— 

identical or similar in form, ch 29 § 8 

privileges of House, question of, ch 

29 § 8 

Senate amendments, tabling motions relating to, ch 29 § 7; ch 51 § 19 

Taking matter from table, ch 29 § 8 

Time for making, ch 29 § 2 

Writing, demand that motion be in, ch 

29 § 6 

TAX OR TARIFF MEASURE IN 

BILL REPORTED BY 

COMMITTEE OTHER THAN 

WAYS AND MEANS 

Point of order may be made ‘‘at any 

time,’’ ch 2 § 34 

TAX OR TARIFF MEASURE IN 

BILL REPORTED BY 

COMMITTEE OTHER THAN 

WAYS AND MEANS—Continued 

Point of order may lie against amendments, ch 6 § 21 

Test to determine if appropriation constitutes, ch 4 § 50 

TAX RATE INCREASE, INCOME, 

REQUIRING THREE-FIFTHS 

VOTE 

Conference report, in, ch 13 § 36 

Rule, applicable, ch 58 § 28 

TELEPHONES, WIRELESS 

Restrictions on use of, ch 10 § 3; ch 16 

§ 21 

TELEVISION AND RADIO 

COVERAGE OF PROCEEDINGS 

Restrictions on, ch 10 § 5 

Speaker’s authority as to, ch 10 § 5 

TITLE OF BILL, AMENDMENT 

TO, see AMENDMENTS 

UNANIMOUS CONSENT 

Committee of the Whole, restrictions on 

use in, ch 12 § 2; ch 54 §§ 1, 8 

Consideration of measures pursuant to 

agreement— 

Committee of the Whole, in, ch 54 

§ 8 

House, in, ch 54 § 7 

Denial, grounds for, ch 54 § 9 

Effect of agreement, ch 54 § 1 

Form of making request, ch 54 § 4 

House, as affecting business in, ch 54 

§ 7 

Limitations on requests, ch 54 § 9 

Modification of agreement, ch 54 § 10 

Objections to request— 

effect, ch 54 § 5 

reserving, ch 54 § 6 

Recognition for requests— 

Speaker’s guidelines, ch 54 § 2 

1031 

INDEX 

UNANIMOUS CONSENT—Continued 

Recognition for requests—Continued 

specific purpose, ch 54 § 2 

unreported measures, ch 54 § 2 

Reconsideration of agreement, ch 54 

§ 10 

Restrictions on uses of requests, ch 54 

§ 9 

Revocation of agreement, ch 54 § 10 

Time for making requests, ch 54 § 3 

Use of requests, ch 54 § 1 

Waiver of points of order— 

conference reports, against, ch 13 

§§ 24, 25, 28, 30 

Ramseyer rule, waiver of, ch 11 § 30 

Waiver, rules not subject to, ch 54 § 9 

Withdrawal of amendment in Committee of the Whole, AMENDMENTS; COMMITTEE OF THE 

WHOLE 

Withdrawal of request, ch 54 § 4 

UNFINISHED BUSINESS 

Adjournment, business unfinished at, ch 

55 § 1 

Committee of the Whole, rising of, before action completed on measure, 

ch 12 §§ 19, 29; ch 55 § 7 

Day certain, business postponed to, ch 

55 § 6 

Days, designated, business considered 

on, ch 55 § 4 

Defined, ch 55 § 1 

Enacting clause, recommendation as to 

striking, upon rejection of, ch 12 

§ 19 

Postponement of business to day certain, effect of, ch 55 § 6 

Previous question, effect of having ordered, ch 55 § 3 

Quorum, lack of, effect of, ch 55 § 5 

Rise, business pending at time of motion to, ch 12 §§ 19, 29; ch 55 § 7 

Speaker’s authority to postpone questions (see also POSTPONEMENT), 

ch 55 § 1 

UNFINISHED BUSINESS—Continued 

Voting as— 

postponement of vote, effect of, ch 55 

§ 5 

quorum, postponement for lack of, ch 

55 § 5 

UNFUNDED MANDATES, see 

BUDGET PROCESS 

UNPARLIAMENTARY REMARKS, 

see WORDS, UNPARLIAMENTARY 

VETO 

Constitutional provisions, ch 57 § 1 

Debate in House, ch 57 § 5 

Discharge, motion to, committee from 

consideration of veto message and 

bill— 

agreed to, effect where, ch 57 § 4 

debatable under hour rule, ch 19 § 8; 

ch 57 § 4 

precedence of, ch 19 § 8 

privileged, ch 19 § 8; ch 57 § 4 

table, effect of adoption of motion to 

lay on, ch 19 § 8 

table, subject to motion to lay on, ch 

19 § 8 

House action on vetoed bills— 

generally, ch 57 § 2 

debate, ch 57 § 5 

Line Item Veto Act— 

generally, ch 57 § 8 

Constitution, held to violate presentment clause of, ch 7 § 17; ch 57 

§ 8 

history and use, ch 7 § 17; ch 57 § 8 

Messages, ch 57 §§ 1, 2 

Motions in order, ch 57 § 4 

Pocket veto— 

adjournment, final, use after, ch 57 

§ 7 

adjournment, intersession, effect of, 

ch 57 § 7 

adjournment, intrasession, effect of, 

ch 57 § 7 

defined, ch 57 § 1 

receive messages, conferral of authority to, effect of, ch 57 § 7 

1032 

HOUSE PRACTICE 

VETO—Continued 

Postponement of consideration, ch 57 

§ 4 

Previous question on reconsideration of 

bill, status of motion for, ch 57 § 2 

Privileged, consideration as, ch 57 § 3 

Referral to committee, ch 57 § 4 

Time period in which President must act 

on bill, ch 57 §§ 1, 7 

Voting to override— 

reconsider, motion to, not in order, ch 

57 § 6 

two-thirds vote, ch 57 § 6 

VETO, LEGISLATIVE, see 

DISAPPROVAL ACTION, 

CONGRESSIONAL 

VICE PRESIDENT 

Disability of President, see PRESIDENT 

House and Senate, role of, in filling vacancy in office of, ch 24 § 4 

Vacancy in office of, ch 24 § 4 

VOTING 

Absent Members, voting by proxy for, 

prohibited, ch 58 § 3 

Adjourn, motion to, see ADJOURNMENT 

Amendments, order of voting on, see 

AMENDMENTS 

Announcements by Members absent for 

vote, ch 58 § 28 

Ballot, vote by, ch 58 § 1 

Bells and signals— 

alerts, voting, ch 58 § 20 

changes in system announced, ch 10 

§ 3 

malfunctions, ch 10 § 3; ch 58 § 20 

meaning of the various signals, ch 58 

§ 20 

quorum calls, used to alert Members 

to, ch 10 § 3; ch 58 § 20 

Chair, role of— 

count by Chair, ch 58 §§ 6, 10 

decisive, duty when vote would be, 

ch 58 § 5 

VOTING—Continued 

Chair, role of—Continued 

duties generally, ch 58 § 4 

question, putting the, ch 58 § 4 

voting by Chair, ch 58 § 5 

Changing vote, ch 58 § 25 

Closing vote, ch 58 §§ 20, 24 

‘‘Clustered’’ votes, see below, Postponing proceedings 

Conference reports, see CONFERENCE 

REPORTS 

Conviction of crime, effect of, on Member’s right to vote, see ETHICS 

Correction of record, ch 58 § 26 

Corrections Day Calendar, bill called up 

from, three-fifths vote required on, 

ch 58 § 29 

Count by Chair, ch 58 §§ 6, 10 

Demand for yeas and nays, see below, 

Yeas and nays 

Disqualification to vote, ch 58 § 8 

Division of the question, see DIVISION 

OF THE QUESTION FOR VOTING 

Division vote— 

count, ch 58 § 10 

defined, ch 12 § 17; ch 58 § 10 

demand for, ch 58 § 10 

interruptions during count, ch 58 § 10 

recorded, not, ch 58 § 9 

recorded vote or yea and nay vote, 

precedence of demand for, ch 58 

§ 10 

timeliness of demand for, ch 58 § 10 

Duty of Members, ch 58 § 7 

Electronic voting system— 

changing vote, ch 58 §§ 2, 25 

correcting vote, ch 58 § 26 

malfunction in, ch 58 § 2 

recapitulations, ch 58 § 27 

verification of vote, ch 58 § 2 

Engrossment, see ENGROSSMENT 

Excusing Member from, ch 58 § 7 

‘‘Fifteen-and-five’’ votes, ch 58 § 21 

Fifteen-minute votes, ch 58 § 20 

Five-minute votes in House, ch 58 § 21 

Methods of, generally, ch 58 § 1 

1033 

INDEX 

VOTING—Continued 

Open, holding vote, ch 58 § 24 

Order of voting on amendments, see 

AMENDMENTS 

Pairing, ch 58 § 19 

Postponing proceedings— 

amendments, on, ch 58 § 22 

Chair of Committee of the Whole 

may postpone and cluster requests for recorded votes on 

amendments, ch 2 § 28; ch 58 

§ 22 

‘‘clustered’’ votes in Committee of 

the Whole, ch 58 § 22 

‘‘clustered’’ votes in House, ch 58 

§ 23 

Committee of the Whole, in, ch 58 

§ 22 

discretion of Chair, ch 58 §§ 22, 23 

House, in, ch 58 § 23 

withdrawal of request for recorded 

vote on amendment on which 

proceedings had been postponed, 

disposition of amendment in accord with earlier voice vote 

after, ch 2 § 28 

Preference, announcement as to voting, 

by Member who was absent, ch 58 

§ 28 

Proxy voting prohibited, ch 58 § 3 

Recapitulations, ch 58 § 27 

Recorded, certain votes are not— 

division vote, see above, Division 

vote 

teller vote, see below, Teller vote 

voice vote, see below, Voice vote 

Recorded vote— 

Committee of the Whole, in, ch 58 

§ 12 

constitutional provisions, ch 58 § 12 

defined, ch 12 § 17; ch 58 § 12 

demand for, ch 58 § 12 

pairing, ch 58 § 19 

quorum required for demand in certain cases, ch 58 § 12 

renewal of demand for, ch 58 § 12 

repetition of demand for, ch 58 § 12 

VOTING—Continued 

Recorded vote—Continued 

roll call votes, ch 58 § 17 

teller votes with clerks, ch 58 § 18 

timeliness of demand for, ch 58 § 12 

withdrawal of demand for, ch 58 

§ 12; ch 59 § 5 

withdrawal of request for, disposition 

of amendment in accord with 

earlier voice vote after, ch 2 § 28 

yea and nay votes, see below, Yea 

and nay votes 

Reducing time for voting, ch 58 §§ 21, 

22 

Result of vote, effect of announcing, ch 

58 §§ 24, 25 

Roll call— 

adjourn, motion to, prior to, ch 58 

§ 17 

defined, ch 12 § 17; ch 58 § 17 

interruptions, ch 58 § 17 

Separate vote in House on amendments 

adopted in Committee of the 

Whole, see AMENDMENTS 

Super-majority votes, ch 58 § 29 

Tax rate increase, income, requiring 

three-fifths vote, see TAX RATE 

INCREASE, INCOME, REQUIRING THREE-FIFTHS VOTE 

Tellers, vote by— 

clerks, with, ch 58 § 18 

defined, ch 12 § 17; ch 58 § 18 

recorded, not, certain votes are, ch 58 

§ 11 

recorded vote, ch 58 § 18 

Tie votes, ch 58 § 29 

Time periods for— 

additional time for Members to vote, 

permitting, ch 58 § 24 

bells and signals, see above, Bells 

and signals 

closing vote, ch 58 §§ 20, 24 

discretion of Chair, ch 58 §§ 20, 21, 

24 

‘‘fifteen-and-five’’ votes, ch 58 § 21 

fifteen-minute votes, ch 58 § 20 

five-minute votes in House, ch 58 

§ 21 

1034 

HOUSE PRACTICE 

VOTING—Continued 

Time periods for—Continued 

open, holding vote, ch 58 § 24 

reduce time, discretion of chair to, ch 

58 §§ 21, 22 

reduce time, unanimous consent to, 

ch 58 § 21 

result of vote, effect of announcing, 

ch 58 § 24 

Two-thirds vote, requirement of, on certain propositions, ch 58 § 29 

Voice vote— 

defined, ch 12 § 17; ch 58 § 9 

questioning result, ch 58 § 9 

recorded, not, ch 58 § 9 

Yeas and nays— 

adjournment, effect of, ch 58 § 13 

‘‘automatic’’ yea and nay votes, ch 

58 § 16 

Committee of the Whole, not in order 

in, ch 58 § 12 

constitutional provisions, ch 58 § 12 

demand for, ch 58 § 14 

effect of ordering, ch 58 § 13 

ordering, ch 58 § 13 

precedence of demand for, ch 58 § 14 

procedure for voting, ch 58 § 15 

quorum not necessary for demand, ch 

58 § 14 

reconsideration of vote on ordering or 

on the main question, ch 58 § 15 

recorded votes, other, distinguished, 

ch 58 § 12 

repetition of demand, ch 58 § 14 

time for making demand, ch 58 § 14 

withdrawal of demand for, ch 58 

§ 14; ch 59 § 5 

WITHDRAWAL OF MOTIONS, 

REQUESTS, AND OTHER 

MATTERS 

Amendment, of, ch 59 §§ 1, 4 

Demand that words be taken down, ch 

59 § 4 

Modify, right to, as related to right to 

withdraw, ch 59 § 3 

Motions, of, ch 59 § 1 

WITHDRAWAL OF MOTIONS, 

REQUESTS, AND OTHER 

MATTERS—Continued 

Points of order, of, ch 59 § 4 

Precluded, when withdrawal of matter 

may be, ch 59 § 2 

Quorum, point of order of no, ch 59 § 4 

Reservation of point of order, of, ch 59 

§ 4 

Resolution, of, ch 59 § 1 

Vote, recorded, demand for, ch 58 § 12; 

ch 59 § 5 

Words, unparliamentary, of, ch 59 § 4 

WORDS, UNPARLIAMENTARY 

Censure for, early cases of, ch 25 § 23 

Colloquialisms— 

context of debate as factor in determining propriety, ch 16 § 38 

meaning, current, ch 16 § 38 

rulings, illustrative, ch 16 § 38 

Committee of the Whole, action taken 

by— 

demand that words be taken down, ch 

16 § 27 

point of order, ch 16 § 27 

reporting words to House, ch 16 § 27 

Committees or their actions, remarks 

criticizing— 

remarks ruled in order, ch 16 § 34 

remarks ruled out of order, ch 16 § 34 

Context of debate as factor in determining propriety, ch 16 §§ 22, 31, 

38 

Criticism of House or Members, see 

below, e.g., House or membership 

generally, references to 

Disciplinary action, ch 16 §§ 31, 32 

Expiration of time, verbal outburst after, 

ch 16 § 22 

Explain words, permission to, ch 16 

§§ 28, 30 

Explain words, request by Speaker that 

Member, ch 16 § 30 

Expunging remarks from Record, ch 15 

§ 3 

Factors considered in judging propriety, 

ch 16 §§ 22, 31, 38 

1035 

INDEX 

WORDS, UNPARLIAMENTARY— 

Continued 

Floor, losing, ch 16 § 17 

House, list of procedures available in, 

ch 16 § 26 

House or membership generally, references to— 

critical comments ruled in order, ch 

16 § 33 

critical comments ruled out of order, 

ch 16 § 33 

Legislative actions or proposals, criticism of— 

motives, personal, impugning, ch 16 

§ 36 

political motivation for positions, ch 

16 § 36 

Loyalty, reference to others’— 

rulings, illustrative, ch 16 § 43 

Members, other, remarks criticizing, see 

below, Words considered as out of 

order 

Newspapers or other publications, excerpts from, ch 16 § 37; ch 25 § 5 

Papers, reading from, ch 16 § 28 

Patriotism, references to others’— 

rulings, illustrative, ch 16 § 43 

Permitting Member to proceed, ch 16 

§§ 31, 32 

Personalities, engaging in— 

call to order for, ch 16 § 22 

Personal privilege, question of, not 

based on words in debate, ch 16 

§ 27 

President, references to, ch 16 § 25 

Procedure upon demand that words be 

taken down, see below, Taking 

down the words, procedure for, 

upon demand 

Proceed in order, permitting Member to, 

ch 16 §§ 31, 32 

Record, expunging remarks from, ch 15 

§ 3; ch 16 §§ 29, 32 

Record, material inserted in, ch 16 

§§ 22, 28 

Sarcasm or satire— 

context of debate as factor in determining propriety, ch 16 § 38 

WORDS, UNPARLIAMENTARY— 

Continued 

Sarcasm or satire—Continued 

rulings, illustrative, ch 16 § 38 

tone and mannerisms as factors in determining propriety, ch 16 § 38 

Senate, references to, see SENATE, 

REFERENCES TO, IN DEBATE 

Speaker, criticism of— 

conduct that is subject of investigation, ch 16 § 35 

ruling of Speaker, remarks questioning propriety of, ch 16 § 35 

ruling, Speaker may appoint Member 

to make, ch 16 § 35 

timeliness of challenge to remarks, ch 

16 § 35 

vote count, questioning, ch 16 § 35 

Speaker’s ruling— 

appeals from, ch 16 § 31 

context of debate as factor in determining propriety, ch 16 §§ 22, 

31, 38 

dictionary, use of, ch 16 § 31 

disciplinary action by House, ch 16 

§§ 31, 32 

factors considered in judging propriety, ch 16 §§ 22, 31, 38 

mannerisms as factor in determination, ch 16 § 38 

tone of voice as factor in determination, ch 16 § 38 

Taking down the words, procedure for, 

upon demand— 

Committee of the Whole, rising of, ch 

12 § 16 

debate on words objected to not in 

order, ch 16 §§ 28, 31 

form of demand, ch 16 § 28 

permission to explain words, ch 16 

§§ 28, 30 

Speaker’s ruling, see above, Speaker’s ruling 

timeliness of demand, ch 16 § 28 

withdrawal of demand, ch 16 § 28 

Timeliness of objection to words, ch 16 

§ 28 

1036 

HOUSE PRACTICE 

WORDS, UNPARLIAMENTARY— 

Continued 

Truth of allegations as to unethical behavior not a defense to point of 

order, ch 16 § 37 

Vice President, references to, ch 16 § 25 

Withdrawal of demand that words be 

taken down, ch 16 § 28; ch 59 § 4 

Withdrawal or modification of words, 

ch 16 §§ 29, 31; ch 59 § 4 

Words considered as out of order— 

committees or their actions, remarks 

critical of, illustrative rulings on, 

ch 16 § 34 

cutthroat or gambler, ch 16 § 38 

demagoguery, charges of, ch 16 § 36 

deception, charges as to, ch 16 §§ 37, 

40 

falsehood, charges as to, ch 16 §§ 37, 

40 

gambler or cutthroat, ch 16 § 38 

House or membership generally, remarks critical of, illustrative rulings on, ch 16 § 33 

identifiable Member, personal remarks about, ch 16 § 37 

intelligence, lack of, ch 16 § 41 

knowledge, lack of, ch 16 § 41 

lying, accusations of, ch 16 § 40 

Members, other, illustrative rulings 

on remarks criticizing, ch 16 

§ 37 

motives, personal, remarks questioning, ch 16 §§ 36, 37, 39 

personalities, engaging in, ch 16 § 22 

President, personal or offensive references to, ch 16 § 25 

race, reference to another’s, ch 16 

§ 42 

racism, ch 16 §§ 36, 42 

religion, gratuitous reference to another’s, ch 16 § 42 

Senate, references to, see SENATE, 

REFERENCES TO, IN DEBATE 

WORDS, UNPARLIAMENTARY— 

Continued 

Words considered as out of order— 

Continued 

snooper, ch 16 § 37 

Speaker, criticism of, see above, 

Speaker, criticism of 

stool pigeon, ch 16 § 38 

vice and meannesses, prodigy of, ch 

16 § 38 

Words not considered as out of order— 

arguments or position on legislative 

proposal, remarks criticizing, as 

allowed wide latitude, ch 16 § 37 

committees or their actions, remarks 

critical of, illustrative rulings on, 

ch 16 § 34 

House or membership generally, remarks critical of, illustrative rulings on, ch 16 § 33 

legislative actions or proposals, criticism of, not impugning personal 

motives, ch 16 § 36 

Members, other, illustrative rulings 

on remarks criticizing, ch 16 

§ 37 

motives, political, remarks questioning, ch 16 § 36 

political motives, remarks questioning, ch 16 § 36 

President, motives of, remarks as to, 

ch 16 § 25 

‘‘WORKS-IN-PROGRESS’’ 

EXCEPTION, see 

APPROPRIATIONS, 

UNAUTHORIZED 

YIELDING FLOOR, see 

AMENDMENTS; DEBATE; 

PARLIAMENTARY INQUIRY