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Parliamentary Reference Sources: House of Representatives

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Order Code RL30787 CRS Report for Congress Received through the CRS Web Parliamentary Reference Sources: House of Representatives Updated March 16, 2004September 15, 2005 Thomas P. Carr Analyst in American National Government Government and Finance Division Congressional Research Service ˜ The Library of Congress Parliamentary Reference Sources: House of Representatives Summary House procedures are not based solely on the chamber’s rules. The foundations of House parliamentary procedure also include constitutional mandates, rules of parliamentary practice set forth in Jefferson’s Manual, published precedents, rulemaking statutes, committee rules, “memorandums of understanding” regarding committee jurisdiction, the rules of each party’s caucus or conference, and informal practices. Parliamentary reference sources provide information about how and when these foundations of House procedures govern different parliamentary situations. This report discusses the availability and format of three types of parliamentary reference materials: official sources such as the House Rules and Manual and the published precedents; publications of committees and offices of the House; and documents prepared by House party and leadership organizations. The report also reviews some principles of House parliamentary procedure that are important to consider when using information from parliamentary reference sources. The appendices provide citations to each reference source described in this report, a list of related Congressional Research Service (CRS) products, and a summary of House parliamentary reference information available through the Internet. This report assumes a basic familiarity with House procedures. Information about Senate parliamentary reference sources is covered in CRS Report RL30788, Parliamentary Reference Sources: Senate. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Principles of House Parliamentary Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 House Procedures Are Determined by Multiple Sources . . . . . . . . . . . . . . . 2 Constitutional Rule-Making Authority of the House . . . . . . . . . . . . . . . . . . . 2 House Rules Are Generally Not Self-Enforcing . . . . . . . . . . . . . . . . . . . . . . 3 The House Rarely Disregards Its Precedents . . . . . . . . . . . . . . . . . . . . . . . . . 4 The House Adheres to Many Informal Practices . . . . . . . . . . . . . . . . . . . . . . 4 Official House Parliamentary Reference Sources . . . . . . . . . . . . . . . . . . . . . . . . . 5 House Rules and Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Parliamentarian’s Annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Summary of Changes to House Rules . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Jefferson’s Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Rules of the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Rule-Making Statutes Related to the Congressional Budget Process . 14 Congressional Disapproval Provisions in Public Laws . . . . . . . . . . . . 16 Rule-Making Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Published Precedents of the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 House Practice: A Guide to the Rules, Precedents, and Procedures Procedures of the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Procedure in the U.S. House of Representatives, and 1985 and 1987 Supplements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Deschler’s Precedents of the U.S. House of Representatives . . . . . . . 25 Hinds’ and Cannon’s Precedents of the House of Representatives of the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Cannon’s Procedure in the House of Representatives . . . . . . . . . . . . . 30 Committee Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Memorandums of Understanding Regarding Committee Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Publications of Committees and Offices of the House . . . . . . . . . . . . . . . . . . . . 36 Floor Procedures in the U.S. House of Representatives . . . . . . . . . . . . . . . 36 Legislative Manuals of House Committees . . . . . . . . . . . . . . . . . . . . . . . . . 37 How Our Laws Are Made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Documents Prepared by House Party and Leadership Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Rules of Each Party’s Caucus or Conference . . . . . . . . . . . . . . . . . . . . . . . 38 Appendix A: Bibliography of House Parliamentary Reference Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Official Reference Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Publications of Committees and Offices of the House . . . . . . . . . . . . . . . . 41 CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Appendix B: House Parliamentary Reference Information Available Through the Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Legislative Information System of the U.S. Congress (LIS) . . . . . . . . . . . . . 45 CRS Guides to Congressional Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 House Committee on Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 GPO Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Other Library of Congress Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Other House of Representatives Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Parliamentary Reference Sources: House of Representatives Introduction House procedures are not based solely on the chamber’s rules. The foundations of House parliamentary procedure also include constitutional mandates, rules of parliamentary practice set forth in Jefferson’s Manual, published precedents, rulemaking statutes, committee rules, “memorandums of understanding” regarding committee jurisdiction, the rules of each party’s caucus or conference, and informal practices. Various reference sources provide information about when and how these foundations govern specific parliamentary situations. This report discusses three types of reference sources: ! official reference sources such as the House Rules and Manual, publications containing the precedents of the House, rule-making statutes, and the rules adopted by House committees; ! publications of House committees (e.g., Floor Procedure in the U.S. House of Representatives from the House Rules Committee), and offices of the House (e.g., How Our Laws Are Made from the Office of the House Parliamentarian); and ! documents prepared by House party and leadership organizations for Members belonging to each party (e.g., rules of the Democratic Caucus and rules of the Republican Conference). This report begins by reviewing some important principles of House procedure to keep in mind when using parliamentary reference sources. Next, the report describes the contents and format of key parliamentary reference sources. Sample pages from the official reference sources are provided. Information on how to access each reference source, including versions available through the Internet, is presented in boxes following the source’s description. Appendix A furnishes citations for each reference source covered in this report, and for related Congressional Research Service (CRS) products. A summary of House parliamentary reference information available through the Internet is provided in Appendix B. Official guidance on House parliamentary procedure is available from the Office of the House Parliamentarian (5-7373). CRS staff (7-5700) also can assist with clarifying House rules and procedures. CRS-2 Principles of House Parliamentary Procedure When using parliamentary reference materials, the reader should bear in mind that the following principles of House procedure remain constant regardless of the parliamentary situation: House procedures are determined by multiple sources, not by the chamber’s rules alone; the House has a constitutional power to make its own rules of procedure; House rules are generally not self-enforcing; the House rarely disregards its precedents; and the House adheres to many informal practices. Each of these principles is discussed below. House Procedures Are Determined by Multiple Sources The rules of the House may be the most obvious source of House parliamentary procedure, but they are by no means the only source. Other sources of House procedures include ! requirements imposed by the Constitution, particularly those in Article I, Section 5; ! rules of parliamentary practice set forth in Jefferson’s Manual; ! published precedents of the House; ! rule-making provisions of statutes (hereafter referred to as “rulemaking statutes”); ! rules of procedure adopted by each committee; ! “memorandums of understanding” (often called “letters of agreement”) regarding committee jurisdiction; ! rules of each party’s caucus or conference; and ! informal practices that the House adheres to by custom. A related principle is that these sources of House procedures are not mutually exclusive; they interact in parliamentary situations. As a result, it is important to consider how different sources might affect the parliamentary situation at hand. Constitutional Rule-Making Authority of the House Article I of the Constitution gives the House the authority to determine its rules of procedure. There are two dimensions to the House’s constitutional rule-making authority. First, the House can decide which rules should govern its internal procedures. The House exercises this rule-making power at the beginning of each Congress when it re-adopts the chamber’s rules from the previous Congress, and approves any amendments or new rules. The House also uses its rule-making power when it enacts rule-making provisions in statutes such as the Congressional Budget and Impoundment Act of 1974, and when it adopts a special rule that defines specific CRS-3 procedures for considering a measure on the floor. Special rules and rule-making statutes have the same standing and effect as the rules of the House, because they are both created through an exercise of the House’s constitutional rule-making authority. The second dimension to the House’s rule-making authority is that the House can determine when its rules of procedure should not govern. In practical terms, this means the House can grant unanimous consent to undertake parliamentary actions that violate the chamber’s rules, or, by a two-thirds vote, suspend the rules for consideration of a measure. Moreover, by majority vote, the House can adopt a special rule waiving points of order that members could normally raise under the rules of the House or under a rule-making statute. House Rules Are Generally Not Self-Enforcing The presiding officer (the Speaker when in the House; the chairman when in Committee of the Whole) does not always call to the chamber’s attention that a violation of House rules is taking place. The House often can violate its procedures unless a Member makes a point of order that the proposed action violates a rule or precedent of the House, or a source of procedure that has the same standing as a House rule (e.g., rule-making statute, a special rule). When a point of order is raised, the chair makes a ruling, and often provides an explanation of the parliamentary logic behind the ruling.1 Rulings of the chair on a point of order can be reversed by a majority vote of the full House, but in practice these rulings are seldom challenged. It should be noted that parliamentary actions undertaken on the basis of an informal practice, or rules of a party caucus or conference, are not enforceable on the House floor. While informal practices and party caucus and conference rules are sources of House parliamentary procedure, they are not produced through an exercise of the chamber’s constitutional rule-making authority, and hence do not have the same standing as the chamber’s rules. Rules of each party’s caucus or conference are created and enforced by one party, and informal practices evolve over the years as custom. Rules of procedure adopted by each House committee generally cannot be enforced on the House floor, though they can be enforced in the committee that adopts them. 1 When a point of order is raised, there are a few situations when the chair does not make a ruling. For example, the chair does not rule on the points of order established by the Unfunded Mandates Reform Act of 1995 (P.L. 104-4). When a Member raises a point of order against considering a measure containing unfunded mandates, the House votes on whether to consider the measure after 10 minutes of debate. See CRS General Distribution Memorandum, Unfunded Mandates: Procedure in the House, by Richard S. Beth, Jan. 31, 2000. CRS-4 The House Rarely Disregards Its Precedents The published precedents of the House set forth how the chamber has interpreted and applied the chamber’s rules. In practice, the published precedents both complement and supplement the rules of the House. The close interplay between the precedents and the chamber’s rules is such that it may be necessary to consult the published precedents for guidance on how each rule has been applied. Historically, the House rarely disregards its precedents. Precedents are analogous to case law in their effect. Just as attorneys in court will cite previous judicial decisions to support their arguments, Members will cite precedents of the House to support their point of order, or to defend against one. Similarly the chair will often support a ruling by citing the decisions of predecessors. In this way, precedents influence the manner in which current House rules are applied by relating past decisions to the specific case before the chamber. Most precedents are formed when the chair rules on a point of order, deciding either to sustain or overrule it. As mentioned in the previous section, the chair’s ruling is almost never appealed. Precedents also can be created when the chair responds to a parliamentary inquiry, or when the House makes a decision by a majority vote (e.g., to adopt a certain type of special rule, to accept a decision of a committee). Precedents do not carry equal weight. Those based on the chair’s disposition of points of order or on a decision of the House by majority vote have more weight than those based on the chair’s response to parliamentary inquiries. In addition, more recent precedents generally have greater weight than earlier ones, and a precedent that is part of an evolved pattern will have more weight than one that is isolated in its effect. Moreover, all precedents must be evaluated in the historical context of the rules and practices at the time they were established. Because of the need to consider these various principles, Members needing to find precedents to support or rebut an argument might wish to seek the official advice of the House parliamentarian (57373). The House Adheres to Many Informal Practices Some House procedural actions are undertaken on the basis of informal practices that have evolved over the years and become accepted custom. These informal practices are not compiled in any written source of authority, and technically cannot be enforced on the House floor. In practice, however, these informal practices are rarely challenged on the House floor. Contemporary examples of House procedures determined by informal practices include the practices of recognizing members for one-minute and special order speeches, and giving members of the committee or subcommittee reporting a bill priority recognition for offering floor amendments. CRS-5 Official House Parliamentary Reference Sources Official House parliamentary reference sources are those that provide an official record of House rules, procedures, and precedents. Members usually cite them when raising a point of order or defending against one. The following official sources are described in this section of the report: ! sources compiled in the House Rules and Manual: summary of rules changes, Constitution, portions of Jefferson’s Manual, rules of the House, rule-making provisions of budget-related statutes, and congressional disapproval provisions of public laws, all with the parliamentarian’s interpretive annotations of precedent; ! publications containing the precedents of the House: House Practice: A Guide to the Rules, Precedents and Procedures of the House; Procedure in the U.S. House of Representatives and its supplements; Deschler’s Precedents of the U.S. House of Representatives; Cannon’s Procedure in the House of Representatives; and Hinds’ and Cannon’s Precedents of the House of Representatives of the United States; ! rule-making statutes; ! committee rules; and ! “memorandums of understanding” (often called “letters of agreement”) regarding committee jurisdiction. Information on how to access each official reference source, including versions available through the Internet, is presented in a box after the source’s description. Internet addresses, for example, [http://www.house.gov/CommitteeWWW.html], are provided in brackets. The name of the Internet service is provided in bold type. Information presented Information in the boxes is summarized in the appendices. The report also presents an excerpt from each printed source, which shows its format and is annotated to indicate special features and components. Although some of these excerpts do not reflect the most recent, current edition of the source excerpted, they illustrate the same format and other features retained in the current editions. House Rules and Manual The House Rules and Manual (formally titled Constitution, Jefferson’s Manual, and Rules of the House of Representatives) is the most valuable single reference source on House parliamentary procedure. An edition is published, as a House Document, usually during the first session of each Congress. (The edition for each Congress bears a document number from the preceding Congress, because the House typically authorizes it during the preceding Congress.) CRS-6 The House Rules and Manual contains the following parliamentary reference sources: ! the Constitution of the United States and portions of Jefferson’s Manual; ! the rules of the House; ! rule-making statutes governing the congressional budget process; and ! congressional disapproval provisions in public laws. As described below, each of these is accompanied by annotations by the House parliamentarian summarizing pertinent House precedents. Finally, the preface to the Manual presents a summary of changes to the House rules adopted since the last Congress. Each of these reference sources is described in this section of the report. The House Rules and Manual is organized in numbered sections that run consecutively throughout the volume and that normally remain constant from edition to edition, facilitating citation and reference across editions. For this reason, the Manual is usually cited by section number instead of page number. Manual section numbers are also listed at the top of each page. With the recodification in the 106th Congress of House rules in a revised structure that reduced their number from 52 to 28, discussed below, section numbers have necessarily changed in the portion of the Manual devoted to those rules. The House Rules and Manual contains an extensive index, which should be thoroughly examined in order to find all the citations needed. For example, information on motions to suspend the rules is indexed under two subject headings: “Rules, suspension of,” and “Suspension of Rules.” The index directs readers to section numbers, rather than page numbers. Upon publication, the House Rules and Manual is automatically distributed to House Member and committee offices. Additional copies may be available from the House Legislative Resource Center (6-5200). The full text of the latest House Rules and Manual (for the 107th108th Congress, H.Doc. 106-320107-284) can be searched online through the following Internet sites: House page on LIS [http://www.congress.gov/house.html], has a direct link to the House Rules and Manual (labeled Jefferson’s Manual) House Committee on Rules [http://www.house.gov/rules/house_rules_precedents.htmcongress.gov/house.php] GPO Access [http://www.gpoaccess.gov/hrm/index.html] Several of the parliamentary reference sources compiled in the House Rules and Manual are also available through other sites, noted in the box following the description of each source. CRS-7 Parliamentarian’s Annotations. Annotations prepared by the House parliamentarian (often referred to as “the parliamentarian’s notes”) appear throughout the House Rules and Manual. These annotations provide useful information about the history and contemporary application of specific provisions of each parliamentary reference source (e.g., clause of a House rule) compiled in the Manual. Citations to important precedents are presented in parentheses throughout the annotations. These citations, which refer the reader to different publications containing precedents, appear in the following format: ! Congressional Record: the date and (except in the case of some very recent citations) the Congressional Record page number (e.g., Jan. 29, 1986, p. 684). Some citations also provide additional information, such as the number of the bill involved in the precedent. ! Hinds’ and Cannon’s Precedents: a roman numeral indicating the volume number, and the section number (e.g., V, 5763). ! Deschler’s Precedents or Deschler-Brown Precedents: the publication’s shortened title, volume number, chapter number, and section number (e.g., Deschler-Brown Precedents, vol. 10, ch. 28, sec. 4.26). ! Procedure in the U.S. House of Representatives: the publication’s title (“Procedure” is used), chapter number, and section number (e.g., Procedure, ch. 5, sec. 8.1). ! Pronouncements by the Speaker: the name of the Speaker, the date, and (except in very recent instances) the Congressional Record page number (e.g., Speaker O’Neill, Mar. 2, 1978, p. 5272). ! United States Code by title and section (e.g., 2 U.S.C. 287); and ! The United States Reports, by volume and page (e.g., 395 U.S. 486). The discussion of precedents in the parliamentarian’s annotations has great practical value for several reasons. First, it allows the reader to see the relationship between the operation of specific clauses in the reference source annotated and the precedents. Second, because the discussion is updated each time the House Rules and Manual is published, it summarizes some important precedents that are not discussed in other publications containing precedents. (These publications are described later in this report.) Last, the citations provided in parentheses can be a time-saving research tool for readers seeking precedents related to a specific clause of House rules or of the other parliamentary reference documents included in the House Rules and Manual. Excerpts from the parliamentarian’s annotations appear in many of the sample House Rules and Manual pages presented in this report. The descriptions of each CRS-8 reference source discuss the information provided in the parliamentarian’s annotations. Summary of Changes to House Rules. This summary, which normally appears in the preface to the House Rules and Manual for the each Congress, typically covers the most substantive rules changes adopted since the previous edition of the Manual. At the start of each Congress, the House approves a resolution (H.Res. 5 in the 108th109th Congress) that readopts the rules of the previous Congress, usually with specified amendments. In contemporary practice, these adopted amendments are recommended by the majority party. The House may adopt other changes by approving a resolution during the course of a Congress. In the preface (dated July 25, 2003) to the House Rules and Manual for the 108th Congress, the parliamentarian notes that in the 106th Congress, the House adopted a major recodification of the Rules of the House. This included a revised structural format that reduced the number of rules from 52 to 28. (For an explanation of the recodified format, see the preface and introductory matter in the House Rules and Manual for the 106th Congress, H.Doc. 105-358). Explanation of the derivations of the recodified rules from rules of the previous Congress, and of substantive changes, appear in the annotations following each rule in the text of the manual. Additional explanatory material including a summary of the recodification, a side-by-side comparison, and a table of recodification citation changes can be found at the website of the House Committee on Rules under the link for Rules and Precedents of the House. Internet: The text of H.Res. 5 for the 108th Congress is available at the website of the House Committee on Rules at [http://www.house.gov/rules/rulespack_108rulespack_109.htm]. The explanatory material on the 106th Congress recodification is available through the same website at [http://www.house.gov/rules/106_rules_pack.htm]. Constitution. The text of the Constitution is presented with annotations by the parliamentarian explaining how the House and the courts have interpreted and applied constitutional provisions. In particular, Article I, Section 5 imposes several procedural requirements on the House. This part of the Constitution grants the House the authority to adopt its own rules, requires the House to keep and publish an official journal of its proceedings, mandates the presence of a quorum to conduct business in the House, and requires that a yea and nay vote be conducted upon the request of one-fifth of the Members present. The parliamentarian’s annotations elaborate on how each of these constitutional provisions has been applied in practical terms in the House. Reprinted on the following page is the constitutional provision requiring the yeas and nays, followed by some of the parliamentarian’s annotations.2 2 Constitution of the United States, in U.S. Congress, House, House Rules and Manual for (continued...) CRS-9 2 (...continued) the 105th Congress (formally titled Constitution, Jefferson’s Manual and the Rules of the House), H.Doc. 104-272, 104th Cong., 2nd sess. (Washington: GPO, 1997), pp. 32-33. CRS-10 Internet: The Constitution and its amendments is available through THOMAS, the public access website of the Library of Congress, at [http://lcweb2.loc.gov/const/const.html]. (A link to the amendments appears at the top of this Web page.) A searchable version of The Constitution of the United States of America, Analysis and Interpretation, prepared by CRS, which includes references to decisions of the Supreme Court, is available at the CRS website at [http://www.crs.gov/products/conan/], and on GPO Access at [http://www.access.gpo.gov/congress/senategpoaccess.gov/constitution/index.html]. Jefferson’s Manual. House Rule XXVIII, which dates from 1837, states that “the rules of parliamentary practice comprised by Jefferson’s Manual shall govern the House in all cases to which they are applicable and in which they are not inconsistent with the standing Rules and orders of the House.”3 Thomas Jefferson wrote this manual when he served as Vice President, and hence as President of the Senate, from 1797 to 1801. Jefferson’s Manual is a statement of parliamentary law and the philosophy behind various parliamentary actions. It is based largely on the practice of the British House of Commons in the late 18th Century. Interestingly, while this manual was originally intended for use in the U.S. Senate, the Senate does not consider it an authority on Senate parliamentary procedure today. Jefferson’s Manual is sometimes incorrectly used as the formal title of the rules of the House or of the House Rules and Manual. In fact, however, Jefferson’s Manual is a separate document; only its sections that apply to House parliamentary procedure are incorporated in the House Rules and Manual. Annotations by the parliamentarian explain how practices set forth in Jefferson’s Manual either relate or no longer relate to House procedure today. These annotations demonstrate that some of the House’s most important parliamentary procedures, such as those governing debate, consideration of amendments and resolving differences between the two houses, are based in part on practices established in Jefferson’s Manual. An excerpt from Jefferson’s Manual, with the parliamentarian’s annotations, is reprinted on the following page.4 A Manual of Parliamentary Practice for the Use of the Senate of the United States is the full title of Jefferson’s work. This publication has been printed as S.Doc. 103-8, 103rd Cong., 1st sess. (Washington: GPO, 1993). 3 House Rule XXVIII, clause 1, in House Rules and Manual for the 108th Congress, H.Doc. 107-284, 107th Cong., 2nd sess. (Washington: GPO, 2003), sec. 1105, p. 942. 4 Jefferson’s Manual, in House Rules and Manual for the 106th Congress, H.Doc. 105-358, 105th Cong., 2nd sess. (Washington: GPO, 1999), p. 235. CRS-11 CRS-12 Rules of the House. Each session of Congress, the clerk of the House usually issues an unnumbered print containing the chamber’s rules. This document, often called the “Clerk’s Print,” incorporates any rules changes adopted by the House on opening day, and is usually the first available document containing the text of House rules as amended. This print contains only the text of the rules themselves, without any annotations or index. The House Rules and Manual presents the rules of the House clause by clause, along with the parliamentarian’s annotations for each clause. These annotations highlight the history of each clause, explain current practice and any changes adopted since the last Congress, and briefly describe some of the most important precedents. The annotations also provide citations in parentheses that direct readers to the parliamentary reference sources where more information can be found. The House’s prohibition of non-germane amendments (Rule XVI, clause 7) receives detailed coverage in the parliamentarian’s annotations. An excerpt from the House Rules and Manual for the 105th Congress, showing some of these annotations, appears on the following page.5 Rules of the House of Representatives, the unnumbered print issued by the clerk of the House, is automatically distributed to Member and committee offices. Internet: The rules of the House are available through the following sites: House page on LIS [http://www.congress.gov/house.htmlphp] House Committee on Rules [http://www.house.gov/rules/house_rules.htm] CRS Guides to Congressional Processes [http://www.crs.gov/products/guides/guidehome.shtml] 5 Rules of the House of Representatives, in House Rules and Manual for the 105th Congress, H.Doc. 104-272, pp. 606-607. CRS-13 CRS-14 Rule-Making Statutes Related to the Congressional Budget Process. The House Rules and Manual also presents the provisions of the Congressional Budget and Impoundment Control Act of 1974 (commonly referred to as the Congressional Budget Act), the Balanced Budget and Emergency Deficit Control Act of 1985 (often called the Gramm-Rudman-Hollings Act), and the Budget Enforcement Act of 1990, which define specific procedures for considering budgetary legislation in the House and the Senate. These so-called “rule-making provisions” are accompanied by the parliamentarian’s annotations on how they have been applied in both the House and the Senate. These three public laws are termed “rule-making statutes” because they create parliamentary procedures through an exercise of both the House’s and the Senate’s constitutional rule-making authority.6 As such, the procedures established by these laws have the same standing and effect as the rules of each chamber. For example, the Congressional Budget Act defines special procedures for considering budget resolution and reconciliation legislation, and establishes points of order that a Member could raise against consideration of budgetary legislation. Reprinted on the following page is an excerpt from section 305(a) of the Congressional Budget Act, as it appears in the House Rules and Manual for the 105th Congress, with the parliamentarian’s annotations.7 This section sets forth procedures for House floor consideration of the budget resolution. 6 These rule-making statutes and relevant House precedents are discussed in the “Budget Process” chapter of U.S. Congress, House, House Practice: A Guide to the Rules, Precedents and Procedures of the House, 108th Cong., 1st sess. (Washington: GPO, 2003), pp.188-190. 7 Congressional Budget Act, in House Rules and Manual for the 105th Congress, H.Doc. 104-272, pp. 918-919. CRS-15 CRS-16 Congressional Disapproval Provisions in Public Laws. The House Rules and Manual provides excerpts from 2931 statutes that define special procedures for Congress to follow in disapproving or approving specified actions of the executive branch or independent agencies. Procedures of this kind typically permit the House and the Senate to pass a joint resolution in disapproval or approval of an executive action. These so-called congressional disapproval statutes are a type of rule-making statute because they create procedures through an exercise of the rule-making authority of the House and the Senate. Similar to the procedures created by the budgetary public laws discussed in the previous section, those created by congressional disapproval statutes have the force and effect of rules of the respective chambers. Sections 151 to 154 of the Free Trade Act of 1974, which establish fast-track procedures for considering legislation implementing trade agreements, are examples of rule-making provisions in congressional disapproval statutes. Reprinted on the following page is Section 151(f) of the Free Trade Act as it appears in the House Rules and Manual for the 105th Congress.8 8 Congressional Disapproval Provisions Contained in Public Laws, in House Rules and Manual for the 105th Congress, H.Doc. 104-272, p. 1070. CRS-17 CRS-18 Rule-Making Statutes As discussed earlier, the term “rule-making statute” describes public laws that have provisions specifying legislative procedures to be followed in the House and the Senate. Because these procedures are created through an exercise of each chamber’s constitutional rule-making authority, they have the same standing as House and Senate rules. To that effect, rule-making statutes usually have a section titled “Exercise of Rule-Making Power,” making explicit that the law’s provisions are to “be considered as part of the rules of each House.”9 Rule-making statutes related to the congressional budget process — the Congressional Budget Act, Gramm-Rudman-Hollings Act, and Budget Enforcement Act — and those known as “congressional disapproval statutes” were discussed earlier in this report. The Legislative Reorganization Act of 1946 (P.L. 79-601, 60 Stat. 812) and the Legislative Reorganization Act of 1970 (P.L. 91-510, 84 Stat. 1140) are two other important rule-making statutes. Their rule-making provisions, many of which were later incorporated into the rules of the House, established legislative procedures.10 The parliamentarian’s annotations in the House Rules and Manual discuss how these provisions affect House parliamentary procedure. Published Precedents of the House Several publications provide information about House precedents. As discussed earlier, selected precedents are discussed in the parliamentarian’s annotations in the House Rules and Manual. Moreover, procedural floor exchanges that establish House precedents are recorded in the Congressional Record on the date when the precedent-setting exchange occurred. House precedents are described and referenced in the following five publications: ! House Practice: A Guide to the Rules, Precedents and Procedures of the House; ! Procedure in the U.S. House of Representatives and its 1985 and 1987 supplements (sometimes referred to as “Deschler’s Procedure”); ! Deschler’s Precedents of the U.S. House of Representatives, 9 For example, Section 904(a)(1) of the Congressional Budget and Impoundment Control Act of 1974. 10 For example, the requirement that all House standing committees adopt written rules of procedure (House Rule XI, clause 2) was originally a provision of the Legislative Reorganization Act of 1970. This requirement was incorporated into the rules of the House in 1971. See Rules of the House of Representatives, in House Rules and Manual for the 108th Congress, H.Doc. 107-284, 107th Cong., 2nd sess., sec. 791. CRS-19 ! Cannon’s Procedure in the House of Representatives, and ! Hinds’ and Cannon’s Precedents of the House of Representatives of the United States When reviewing published precedents for their application to a particular parliamentary situation, the reader might consider the principles of House procedure discussed earlier in this report. Members needing to find precedents to support or rebut an argument might wish to seek the official advice of Office of the House Parliamentarian (5-7373). House Practice: A Guide to the Rules, Precedents, and Procedures of the House. This work (hereafter referred to as House Practice) is the most upto-date reference source for information about the rules and selected precedents governing House procedure. The original edition of this one-volume publication was prepared by William Holmes Brown during the final years of his tenure (1974-1994) as House parliamentarian.11 In 2003, it was superceded by a second edition, prepared under the direction of Parliamentarian Charles W. Johnson III, reflecting the modern practice of the House as of the 108th Congress.12 House Practice was designed to replace Procedure in the U.S. House of Representatives (described in the next section). House Practice is organized into chapters that cover 59 subjects of House procedure (the first edition had 57). These chapters are not numbered, but are presented in alphabetical order, and are divided into numbered sections. All the chapter subject headings are listed at the beginning of House Practice. Each chapter opens with an outline of the chapter’s main topics and their House Practice section numbers. Section numbers are assigned only to the chapter’s main topics (not to the chapter’s subtopics and individual precedents, as is done in other parliamentary reference sources). After each chapter’s outline, useful citations to other House parliamentary reference sources are provided under the heading “Research References.” The House Rules and Manual, Hinds’ and Cannon’s Precedents, and Deschler’s Precedents are the most frequently cited reference sources. House Practice is the only parliamentary reference source that provides such a listing of “Research References.” The first section of each chapter reviews general principles governing the House procedure under discussion. Depending on the complexity of the procedural subject, the chapter’s main topics may be further divided into subtopics. For each main topic and subtopic, House Practice summarizes relevant House rules and selected precedents, and cites the reference source containing their full texts. In addition, the terminology used to undertake certain parliamentary actions, such as making different motions, is provided in relevant chapters (often under the subtopic heading “Forms”). 11 House Practice: A Guide to the Rules, Precedents and Procedures of the House, 104th Cong., 2nd sess. (Washington: GPO, 1996). 12 House Practice: A Guide to the Rules, Precedents and Procedures of the House, 108th Cong., 1st sess. (Washington: GPO, 2003). CRS-20 House Practice has a separate chapter on the rules and precedents governing House consideration of budgetary legislation. (The chapter is titled “Budget Process.”) This chapter’s first section provides useful summaries of the main rulemaking statutes related to the budget process. Readers can use the publication’s index to locate information about specific procedural topics. This index is organized around the chapter subject headings. For each subject heading, the index provides a more detailed listing of procedural topics than do the outlines of individual chapters. The index directs readers to the relevant House Practice section numbers. Reprinted on the following pages are excerpts from the House Practice chapter on the “Previous Question.”13 At the time this report was issued, a new edition of House Practice was in preparation. When available, it will be distributed to House Member and committee offices. Members will be able to request additional copies from the House Legislative Resource Center/House Document Room (6-5200). When this report was issued, copies of the previous edition were no longer available from the Legislative Resource Center. Internet: The present edition of House Practice is available on these sites: GPO Access [http://www.gpoaccess.gov/hpractice/browse.html] House page on LIS [http://www.congress.gov/house.htmlphp] has a direct link to House Practice. 13 House Practice: A Guide to the Rules, Precedents and Procedures of the House, 104th Cong., 2nd sess. (Washington: GPO, 1996). pp. 653, 664. CRS-21 CRS-22 CRS-23 Procedure in the U.S. House of Representatives, and 1985 and 1987 Supplements. Procedure in the U.S. House of Representatives, a one-volume publication (hereafter referred to as Procedure), summarizes the most important House precedents established from 1959 through 1980.14 The publication’s 1985 supplement covers selected precedents established from 1981 through 1984, and the 1987 supplement discusses those created from 1981 through 1986.15 As was noted above, the new publication titled House Practice was designed to replace Procedure. Nonetheless, a knowledge of how to use Procedure will continue to be useful inasmuch as other parliamentary reference sources refer to Procedure. Procedure consists of 37 chapters arranged around topics of House procedure. For example, chapter 28 is titled “Amendments and the Germaneness Rule.” Most chapters are divided into broad subtopics, and each subtopic is further divided into sections. Taking chapter 28 as an example, the chapter’s subtopic “Amendments Imposing Qualifications or Restrictions” is divided into six sections (sections 22-27). Below each topic heading, the principles established or illustrated by each precedent or group of related precedents is summarized in a numbered paragraph, (e.g., section 22.1), and accompanied by Congressional Record citations where the full text of the procedural exchanges in question can be located. These citations provide the Congressional Record volume and page number, the Congress and session, and the date (e.g., “113 CONG. REC. 28649, 90th Cong., 1st sess., Oct. 11, 1967 “). The 1985 and 1987 supplements are organized in the same manner. Their numbering is keyed to that of the main volume. When other reference sources provide citations to Procedure, these citations contain the publication’s title (usually a shortened title such as Procedure or House Procedure), chapter number, section number, and page number (e.g., “House Procedure, ch. 27, sec. 3.1, p. 497 “). Each chapter’s section numbers begin at 1; they are not numbered sequentially throughout the entire publication. Reprinted on the following page is an excerpt from Procedure.16 Procedure in the U.S. House of Representatives and its two supplements are out of print. Copies are available for reference at the House Legislative Resource Center/House Library (B-106 Cannon House Office Building), the La Follette Congressional Reading Room (202 Madison Building, Library of Congress), and the CRS Longworth (B-221) and Rayburn (B-335) House Office Building Reference Centers. 14 Procedure in the U.S. House of Representatives, A Summary of the Modern Precedents and Practices of the House: 86th Congress - 97th Congress (Washington: GPO, 1982). 15 Procedure in the U.S. House of Representatives, 1985 Supplement (Washington: GPO, 1986), and Procedure in the U.S. House of Representatives, 1987 Supplement (Washington: GPO, 1987). 16 Procedure in the U.S. House of Representatives, 97th Congress, p. 593. CRS-24 CRS-25 Deschler’s Precedents of the U.S. House of Representatives. The most significant rulings of the chair, as compiled by Lewis Deschler, House parliamentarian from 1928 to 1974, and his successors, are presented in a series of volumes known as Deschler’s Precedents.17 Sixteen volumes have been published to date. The formal title for volume 10 and subsequent volumes is Deschler-Brown Precedents, in recognition of work done by William Holmes Brown, parliamentarian of the House from 1974 to 1994. Preparation of additional volumes is being continued by the current House parliamentarian, Charles W. Johnson III. The set is organized in the same manner as Procedure, with topical chapters providing individual precedents; the chapter topics generally parallel those of Procedure. The volumes published so far cover through chapter 33, “House-Senate Conferences.” A key difference between the two publications is that Deschler’s Precedents provides not only statements of the principles represented by precedents, but also descriptions and facts of the procedural exchanges in which they are embodied. Each precedent in Deschler’s Precedents is assigned a section number and carries a headnote in bold type that summarizes the principle illustrated by the precedent. The precedent is described in a sentence or two, and for many precedents, the full text of the procedural exchange that established the precedent is provided, with a Congressional Record page citation. In addition, many chapters in Deschler’s Precedents contain introductory sections that describe the general principles related to the House rule or practice under discussion, with references to important precedents. Lastly, a “parliamentarian’s Note” follows a few, selected precedents to direct the reader to other parliamentary reference sources, or to clarify the principle established by the precedent. While there is not yet a consolidated index covering all volumes, each chapter includes an “Index to Precedents” contained in that chapter. This index directs readers to the relevant section number for each precedent. Reprinted on page 27 is an excerpt from Deschler’s Precedents that covers the motions to adjourn and to postpone.18 17 Deschler’s Precedents of the U.S. House of Representatives (in 16 volumes to date; volumes 10-16 are formally titled Deschler-Brown Precedents of the U.S. House of Representatives), 94th Cong., 2nd sess., H.Doc. 94-661, 94th Cong., 2nd sess. (Washington: GPO, 1977- ). 18 Deschler’s Precedents of the U.S. House of Representatives, vol. 7, chapter 23, p. 84. CRS-26 Volumes 1-11 of Deschler’s Precedents are out of print, although Member offices may obtain the complete set (volumes 1-16) by writing the Superintendent of Documents at the Government Printing Office. The Office of the Parliamentarian will facilitate such requests. Also, copies of the set are available for reference at the House Legislative Resource Center/House Library (B-106 Cannon House Office Building) and the La Follette Congressional Reading Room (202 Madison Building, Library of Congress). Internet: Deschler’s Precedents is available online: GPO Access [http://www.gpoaccess.gov/precedents/deschler/index.html] House page on LIS [http://www.congress.gov/house.htmlphp] has a direct link to Deschler’s. House Rules Committee [http://www.house.gov/rules/house_rules_precedents.htm] CRS-27 CRS-28 Hinds’ and Cannon’s Precedents of the House of Representatives of the United States. Hinds’ and Cannon’s Precedents of the House of Representatives of the United States (hereafter referred to as Hinds’ and Cannon’s Precedents) is an 11-volume series containing selected rulings of the chair made, and other precedents established, between 1789 and 1936.19 The publication provides valuable coverage of the historical origins and evolution of House procedures from 1789 to 1936. Volumes 1-5, titled Hinds’ Precedents and published in 1907, were written by Asher Hinds (clerk at the Speaker’s table for many years, and a Representative from Maine from 1911 until 1917). Volumes 6-11, titled Cannon’s Precedents and published in 1936, were prepared by Clarence Cannon (House parliamentarian from 1915 to 1920, and a Representative from Missouri from 1923 to 1964). Volumes 6-8 of Cannon’s Precedents are organized around the same topics as volumes 1-5 of Hinds’ Precedents, and essentially serve as supplements. Volumes 9-11 of Cannon’s Precedents provide indexes to the entire 11-volume set. The precedents are numbered sequentially throughout Hinds’ Precedents, and similarly throughout Cannon’s Precedents. Each precedent (or group of precedents) appears with a headnote in bold type indicating the principle established by the precedent. The procedural exchanges establishing the precedent are then summarized, with text and citations to the Congressional Record often provided. (Hinds’ Precedents also furnishes citations to the Journal and predecessors of the Record.) Information about specific procedural topics can be located using the detailed table of contents in each volume or the indexes (volumes 9-11), which present the headnotes of relevant precedents according to procedural topics. Cannon’s Procedure, discussed in the next section, also serves as an index to Hinds’ and Cannon’s Precedents. While Hinds’ and Cannon’s Precedents is an important reference source for an extensive understanding of House parliamentary procedure, readers unversed in the publication’s historical context may find the 11-volume set to be of limited practical value for contemporary House practices. Hinds’ and Cannon’s Precedents is very useful, however, when other reference sources cite a specific precedent in the 11volume set. These citations usually provide volume and section numbers (e.g., vol. VIII, sec. 2661). An excerpt from Cannon’s Precedents is reprinted on the following page.20 Hinds’ and Cannon’s Precedents is out of print, but copies are available for reference at the House Legislative Resource Center/House Library (B-106 Cannon ) and the Congressional Reading Room (202 Madison Building, Library of Congress). Internet: Volumes 1-5 of Hinds’ are available at GPO Access at [http://www.gpo.gov/congress/house/precedents/hinds/hinds.html]. 19 Hinds’ and Cannon’s Precedents of the House of Representatives of the United States (11 vols.) (Washington: GPO, 1907-1908 and 1935-1941). 20 Cannon’s Precedents of the House of Representatives of the United States (Washington: GPO, 1936), vol. VIII, p. 854. CRS-29 CRS-30 Cannon’s Procedure in the House of Representatives. Cannon’s Procedure in the House of Representatives (hereafter referred to as Cannon’s Procedure), published in 1963, is a one-volume summary of the major precedents presented in Hinds’ and Cannon’s Precedents.21 It also includes a few additional precedents from 1936 to 1963, as selected by the publication’s author, Clarence Cannon. The precedents are grouped in unnumbered topical chapters. Some editions of Cannon’s Procedure have thumb tabs indicating the different chapter titles. The publication briefly summarizes the precedents and provides citations to Hinds’ and Cannon’s Precedents (e.g., VIII, sec. 2661) and the Congressional Record (e.g., 841-13067; this means 84th Congress, 1st session, page 13067). Citations such as “§764” refer to the version of the House Rules and Manual being used when Cannon’s Procedure was published. Cannon’s Procedure also contains sample floor dialogues for undertaking specific parliamentary actions. While some of these dialogues are useful, many are no longer relevant to contemporary House practice. Use of these dialogues, and Cannon’s Procedure as a whole, requires informed judgment. An excerpt from Cannon’s Procedure covering “Suspension of the Rules” is reprinted on the following page.22 Cannon’s Procedure is out of print, but copies are available for reference at the House Legislative Resource Center/House Library (B-106 Cannon House Office Building) and the La Follette Congressional Reading Room (202 Madison Building, Library of Congress). 21 Cannon’s Procedure in the House of Representatives, H.Doc. 610, 87th Cong., 2nd sess. (Washington: GPO, 1963). 22 Ibid., p. 456. CRS-31 CRS-32 Committee Rules of Procedure House Rule XI, clause 2, requires that each standing committee adopt written rules of procedure consistent with the rules of the House, and publish these rules in the Congressional Record within 30 days of the committee’s membership being elected at the start of a new Congress. These rules of procedure cover important aspects of committee proceedings, such as quorum and voting requirements, markups, and preparation of committee reports. Committee rules of procedure do not supersede those established by House Rule XI. It is useful to review the parliamentarian’s annotations accompanying this rule in the House Rules and Manual. Committee rules generally are not enforceable on the House floor. In Procedure in the U.S. House of Representatives, the House parliamentarian explains that “[a] point of order does not normally lie in the House against consideration of a bill by reason of defective committee procedures occurring prior to the time the bill was ordered reported to the House. Such point of order, if made in the House, may be overruled on the ground that the rules of a particular committee are for that committee to interpret unless they are in direct conflict with the rules of the House or unless the House rules specifically permit the raising of such objections.”23 Committee rules can be enforced, however, in the committee that adopts them. The House Rules Committee issues a print at the beginning of each Congress that compiles the rules of procedure of all House standing committees. All committee rules appear in the Congressional Record on the date they were submitted for publication, and some are published in a committee print, or in a committee’s interim or final “Legislative Calendar.” Reprinted on the following page is an excerpt from the rules of the House Committee on Transportation and Infrastructure for the 105th Congress.24 The 108th109th Congress unnumbered committee print of Rules Adopted by the Committees of the House of Representatives is available from the House Rules Committee (H-312 Capitol Building, 5-9191). Copies may be consulted at the House Legislative Resource Center/House Document Room (B-106 Cannon HOB, 6-5200). Internet: A pdf version of the 109th Congress print of Rules Adopted by the Committees of the House of Representatives: House Rules Committee [http://www.house.gov/rules/rules_pubs_print.htm] is available by title search via GPO at [http://www.gpoaccess.gov/cprints/index.html]. The rules of most House committees can be accessed through the House WWW service at [http://www.house.gov/CommitteeWWW.html] and GPO Access at [http://www.access.gpogpoaccess.gov/congress/house/hclinksindex.html]. 23 24 Procedure in the U.S. House of Representatives, chapter 17, sec. 11.1., p. 205. U.S. Congress, House, Committee on Rules, Rules Adopted by the Committees of the House of Representatives, 105th Congress, 1997-1998, committee print, 105th Cong., 1st sess. (Washington: GPO, 1997), p. 220. CRS-33 CRS-34 Memorandums of Understanding Regarding Committee Jurisdiction Standing committees often develop “memorandums of understanding” (sometimes referred to as “letters of agreement”) which explain an agreement between committees about how jurisdiction over specific policy issues will be divided. These memorandums, which are usually prepared at the beginning of a new Congress, are addressed to the Speaker of the House in the form of a letter from the involved committee chairmen. In effect, a memorandum of understanding advises the Speaker on the referral of measures concerning policy issues when the jurisdictional mandate of committees may be unclear or overlap. The Speaker decides the referral of legislation with the assistance of the House parliamentarian. Referral decisions are based as much as possible on the jurisdiction of standing committees set forth in Rule X and relevant precedents.25 In practice, the Speaker and the House parliamentarian will honor memorandums of understanding in deciding the referral of legislation. These memorandums of understanding are therefore an important parliamentary reference source for questions about jurisdiction over specific policy issues. It could be argued that memorandums of understanding increased in importance in the 104th Congress because of rules changes adopted by the House. For example, three standing committees were abolished, and their jurisdiction was transferred to other standing committees. As a result, some committees developed memorandums of understanding about jurisdiction over issues that were previously handled by abolished committees (the memorandum on the following page is an example). Another rules change eliminated joint referrals, and provided that the Speaker designate “a committee of primary jurisdiction” when referring measures to more than one committee.26 This change made it important which committee is designated the “primary” committee at the time of referral. Hence, memorandums of understanding developed in the 104th Congress and since have sometimes specified which committees should have “primary jurisdiction” over particular issues. Some memorandums of understanding are inserted in the Congressional Record, especially at the start of a new Congress, while others are not made available publicly. Reprinted on the following page is a memorandum of understanding between the committees on National Security and Transportation and Infrastructure from the 104th Congress.27 25 House Rules and Manual for the 108th Congress Rule XII, clause 2(b), sec. 816. 26 Ibid., Rule XII, clause 2(c), sec. 816. 27 Congressional Record, daily edition, vol. 141, Jan. 30, 1995, p. H849. CRS-35 CONGRESSIONAL RECORD — HOUSE MEMORANDUM OF UNDERSTANDING The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Pennsylvania [Mr. SHUSTER] is recognized for 5 minutes. Mr. SHUSTER. Mr. Speaker, I submit for Members attention the following letter from myself and the chairman of the Committee on National Security, Mr. SPENCE, regarding jurisdiction. CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, DC, January 4, 1995 Hon. NEWT GINGRICH, Speaker, House of Representatives, Washington, DC. DEAR MR. SPEAKER: As Chairman of the Committee on Transportation and Infrastructure and the Committee on National Security, we wanted to advise you of our mutual agreement concerning the division of jurisdiction over the merchant marine due to the dissolution of the Committee on Merchant Marine and Fisheries. Rule X, clause 1(k) of the Rules of the House for the 104th Congress provides jurisdiction to the Committee on National Security over: “(7) National security aspects of merchant marine, including financial assistance for the construction and operation of vessels, the maintenance of the U.S. shipbuilding and ship repair industrial base, cabotage, cargo preference, and merchant marine officers and seamen as these matters relate to the national security.” The new Rule X, clause 1(q) provides the Committee on Transportation and Infrastructure with jurisdiction over: “(12) Measures relating to merchant marine, except for national security aspects of merchant marine.” This split in jurisdiction in what was previously entirely within the Committee on Merchant Marine and Fisheries is based on the fact that, while various aspects of the merchant marine and related activities are transportation matters that are handled in the executive branch by the Department of Transportation, certain aspects are so closely tied to national security that primary jurisdiction should be within the Committee on National Security. For example, the maintenance and control of the National Defense Reserve Fleet and the Ready Reserve Fleet would be within the jurisdiction of the Committee on National Security. However, it may not be clear in all cases to which of the two Committees a particular bill should be referred. In general, matters relating to merchant marine activities will be referred to the National Security Committee if the national security aspects of the matter predominate over transportation and other merchant marine aspects. While present programs of the Maritime Administration have both national security and transportation implications, we agree that primary jurisdiction over the annual a u t h o r i z a t i o n fo r t h e M a r i t i me Administration would be in the Committee on National Security. Primary jurisdiction over the annual authorization for the Federal Maritime Commission would be in the Committee on Transportation and Infrastructure. Shipbuilding is a subject that has a particularly strong connection with national security because of the implications for our defense industrial base. We agree that the National Shipbuilding Initiative, including the loan guarantee program under Title XI, would be within the primary jurisdiction of the Committee on National Security. In addition, the Congress likely will be requested to approve legislation to implement an international agreement to eliminate shipbuilding subsidies worldwide. While this is generally a laudable goal, the contents of this agreement must be examined in the context of its long-term effect on the shipbuilding industrial base. Of particular concern is the question of whether U.S.based shipyards are disadvantaged by this agreement to the point that a transition from naval construction to commercial construction is impossible. We agree that, as between the Committees on National Security and Transportation and Infrastructure, primary jurisdiction over implementing legislation for this agreement should reside with the Committee on National Security. Jurisdiction over the State and Federal Maritime Training Academies is granted in the rule specifically to the Committee on National Security. With respect to the provision in Rule X, clause 1(k)(9) concerning merchant marine officers and seamen, it is understood that measures whose predominant purpose is the maintenance of a well trained merchant mariner manpower pool capable of meeting sustainment and surge sealift requirements will be within the jurisdiction of the Committee on National Security. Shortages of qualified U.S. mariners to serve during the mobilization for Desert Storm highlighted the need to consider these problems from a national security standpoint. Jurisdiction over the Coast Guard is provided to the Committee on Transportation and Infrastructure by Rule X, clause 1(q)(1). This confers upon the Transportation and Infrastructure Committee authority over all matters handled by the Coast Guard that were previously within the jurisdiction of the Merchant Marine and Fisheries Committee. This letter may not address all merchant marine issues that will come before you. We will continue to work with you toward resolution of other issues as they arise. January 30, 1995 Finally, it is understood that this agreement does not in any way alter or limit the jurisdiction of the Committee on Transportation and Infrastructure or of the Committee on National Security over matters discussed herein which were properly within the respective Committees’ jurisdiction prior to the dissolution of the Committee on Merchant Marine and Fisheries. Sincerely, FLOYD D. SPENCE, Chairman, Committee on National Security. BUD SHUSTER, Chairman, Committee on Transportation and Infrastructure. CRS-36 Publications of Committees and Offices of the House Several publications prepared by committees and offices of the House provide valuable information about House parliamentary procedure and practices. While these publications are not official parliamentary reference sources, they often make references to official sources such as the rules of the House and published precedents. Publications issued by House committees and the Office of the House Parliamentarian are described below. Floor Procedures in the U.S. House of Representatives The Floor Procedure in the U.S. House of Representatives (formerly titled Floor Operations Manual) takes the reader through the chamber’s daily order of business from the call to order by the Speaker and the opening prayer to adjournment, providing references to applicable House rules and sample language on how to undertake some parliamentary actions. The edition revised for the 106th Congress incorporates recent rule changes, including those made as a result of the bipartisan recodification of the rules of the House. It is arranged in 17 topical sections (down from 44 in the previous edition), in a concise, user friendly format. Floor dialogue examples, taken from the daily Congressional Record, are provided for many procedural topics. An abridged parliamentary dictionary appears as an appendix. The most recent edition of this document was issued by Rules Committee chairman David Dreier in January 1999. The original version was written by Robert E. Bauman, a former Member of the House from Maryland. The text was revised and updated in 1994 by Robert S. Walker, a former Member from Pennsylvania and subsequently updated in 1997 by a former chairman of the Rules Committee, Gerald B.H. Solomon. In his introduction to the 1999 edition, Representative Dreier explains that the manual is designed “to provide House Members and staff with a concise, yet informative user guide to the basic legislative process in the House of Representatives.” The Republican Floor Operations Manual is available from the House Rules Committee (5-9191) in the version published by the Congressional Institute. Internet: An online version of the manual is available through these sites: House Rules Committee [http://www.house.gov/rules/floor_man.htm] Congressional Institute [http://www.conginst.org/floor/] A similar version, searchable and with links to the rules of the House and other reference sources. CRS-37 Legislative Manuals of House Committees The House Committee on Government Reform and Oversight (now the Committee on Government Reform) issued the first edition of its Legislative Manual during the second session of the 104th Congress. This publication built upon the structure of the Legislative Manual prepared by the House Committee on Science, Space, and Technology (now the Committee on Science) in previous Congresses. (The sixth edition of this manual, from the 103rd Congress, is the most recent one available in print.) The manuals provide a concise explanation of the rules and procedures involved at each stage of the House legislative process, with sample legislative documents presented. While the publications are written from the perspective of the issuing committees, much of the information in them has general applicability. Some relevant committee rules are described in each manual’s discussion of committee action. The Government Reform and Oversight Committee’s Legislative Manual reflects the House rules adopted through the first session of the 104th Congress. Photocopied versions of the Legislative Manual of the former Committee on Government Reform and Oversight (1st edition), and of the former Committee on Science, Space, and Technology (6th edition), are available from the Congressional Research Service (7-5700). How Our Laws Are Made How Our Laws Are Made was first published in 1953 by the House Judiciary Committee. The work provides a summary of the legislative process focusing on House procedures, from the drafting of legislation to final approval and presidential action. Sample documents from key stages of the process appear at the back of some editions. Although How Our Laws Are Made is intended for nonspecialists, its summary descriptions of House procedures serve as a useful reference source. The 23rd edition of How Our Laws Are Made28 was published in 2003. Prepared by the Office of the House Parliamentarian in consultation with the Office of the Senate Parliamentarian, the 23rd edition is available online. It reflects changes in congressional procedures since the 22nd edition, which was revised and updated in 2000. 28 U.S. Congress, House, How Our Laws Are Made, H.Doc. 108-93, 108th Cong., 1st sess., (Washington: GPO, 2003). CRS-38 At the time this report was issued, the latest print version of How Our Laws Are Made was the 23rd edition (H.Doc. 108-93). It was distributed to House Member and committee offices upon publication, and is now available from the Government Printing Office. Internet: The text of the 23rd edition of How Our Laws Are Made is available via the following websites: House page on LIS [http://www.congress.gov/house.htmlphp] THOMAS [http://thomas.loc.gov/home/lawsmade.toc.html] Office of the Clerk [http://clerk.house.gov/] Documents Prepared by House Party and Leadership Organizations Documents prepared by House party and leadership organizations are generally issued only to each party’s Members. This section discusses two examples of these document. Both examples pertain to the rules adopted by each party’s caucus or conference at the beginning of a new Congress. These documents are not official parliamentary reference sources. Rules of Each Party’s Caucus or Conference The rules of the Democratic Caucus and the Republican Conference are adopted by the House Members of the respective parties. This action takes place when the parties hold their early organizational meetings after the November congressional election. Upon adoption, the rules are printed and distributed to Members belonging to each party.29 These rules, which are binding on the Members of the respective parties, cover topics such as the selection and terms of party leaders, meetings of the party caucus or conference, limitations on numbers and types of committee assignments, and terms of committee chairs. Moreover, some party caucus or conference rules address topics of floor and conference procedure. These rules, in particular, can affect how the chamber as a whole considers legislation. For example, Rule 28 of Republican Conference rules for the 107th109th Congress directs the Speaker not to schedule a measure for consideration under suspension of the rules if the measure “(1) fails to include a cost estimate, (2) has not been cleared by the minority, (3) was opposed by more than one-third of the committee committee members reporting the bill, or exceeds $100,000,000 in authorizations,(4) creates a new program, (5) extends an 29 Members of each party serving as Resident Commissioner from Puerto Rico, or as Delegate from American Samoa, the District of Columbia, Guam or the U.S. Virgin Islands, may also join the Democratic Caucus or the Republican Conference. CRS-39 appropriations, or direct spendingauthorization whose originating statute contained a sunset provision, or (6) authorizes more than a 10% increase in authorizations, appropriations, or direct spending in any given year.” The Speaker may schedule such a measure only if he is specifically authorized to do so by a majority of the party’s elected leadership. To cite another example, Rule 39 of Democratic Caucus rules for the 107th109th Congress specifies procedures for offering the motion to recommit, or the motion to instruct conferees, when the Democrats are in the minority in the House. Rule 39 provides, in part, that “[W]hen more than one Democratic Member proposes to offer such a motion, the Democratic Leader (or if not present and in the absence of a stated leadership position, the most senior elected Member of the leadership available) shall determine the course of action that best reflects the position of the Democratic Caucus and the Leadership.” This example and the one cited previously demonstrate how the rules of each party caucus or conference can determine House parliamentary procedure, and hence why it is useful to have information about these rules. Caucus and conference rules are not enforceable on the House floor. These rules are created and enforced only by each party; they are not created through an exercise of the full House’s constitutional power to determine its rules. CRS-40 Appendix A: Bibliography of House Parliamentary Reference Sources Official Reference Sources U.S. Congress. House. Cannon’s Procedure in the House of Representatives. 87th Congress, 2nd session. H.Doc. No. 610. Washington: GPO, 1963. ——. Constitution, Jefferson’s Manual and the Rules of the House (published each Congress as a House document). 107th Congress, 2nd session. H.Doc. No.107284. Washington: GPO, 2003. ——. Deschler’s Precedents of the U.S. House of Representatives (in 16 volumes to date; volumes 10-16 are formally titled Deschler-Brown Precedents of the U.S. House of Representatives). 94th Congress, 2nd session. H.Doc. No. 94-661. Washington: GPO, 1977- . ——. Hinds’ and Cannon’s Precedents of the House of Representatives (in 11 volumes). Washington: GPO, 1907-1908, 1935-1941. ——. House Practice: A Guide to the Rules, Precedents and Procedures of the House. 108th Congress, 1st session. Washington: GPO, 2003. ——. Procedure in the U.S. House of Representatives, A Summary of the Modern Precedents and Practices of the House, 86th Cong. - 97th Cong. Washington: GPO, 1982. ——. Procedure in the U.S. House of Representatives, 1985 Supplement. Washington: GPO, 1986. ——. Procedure in the U.S. House of Representatives, 1987 Supplement. Washington: GPO, 1987. U.S. Congress. House. House Committee on Rules. Rules Adopted by the Committees of the House of Representatives, 108th109th Congress, 2003-20042005-2006. Committee print. 108th109th Congress, 1st session. Washington: GPO, 20032005. U.S. Congress. House. Rules of the House of Representatives, an unnumbered print usually issued each session of Congress by the Clerk of the House. U.S. Congress. Senate. A Manual of Parliamentary Practice for the Use of the Senate of the United States (more commonly known as Jefferson’s Manual). 103rd Congress, 1st session. S.Doc. 103-8. Washington: GPO, 1993. CRS-41 Publications of Committees and Offices of the House Floor Procedure in the U.S. House of Representatives was issued in January 1999 by the House Rules Committee and published by the Congressional Institute. An earlier version entitled Floor Operations Manual: U.S. House of Representatives was issued in April 1997. A version under the title House Republican Floor Manual was issued by the Office of the House Majority Leader in January 1997. How Our Laws Are Made (23rd edition), prepared by the Office of the House Parliamentarian,, 108th Cong., 1st session. H.Doc. No. 108-93. Washington: GPO, 2003. Legislative Manual (1st Edition) of the Committee on Government Reform and Oversight, House of Representatives. Washington: GPO, 1996. Legislative Manual (6th Edition) of the Committee on Science, Space, and Technology, House of Representatives. Washington: GPO, 1995. CRS Products Most titles, with the exception of the videoprogramincluding multimedia and the general distribution memorandum, are available from the CRS Home Page at [http://www.crs.gov]. CRS Report 98-995. The Amending Process in the House of Representatives, by Christopher M. Davis and Stanley Bach. CRS Report RL30244. The Committee Markup Process in the House of Representatives, by Stanley Bach and Judy Schneider. CRS Report RS20147. Committee of the Whole: An Introduction, by Judy Schneider. CRS Report 95-187. Committee System: Rules Changes in the House, 104th Congress, by Judy Schneider. CRS Report 97-138. Committee System: Rules Changes in the House, 105th Congress, by Judy Schneider. CRS Report RS20017. Committee System: Rules Changes in the House, 106th Congress, by Judy Schneider. CRS Report RS20769. Committee System: Rules Changes in the House, 107th Congress, by Judy Schneider. CRS Report RS21382. Committee System: Rules Changes in the House, 108th Congress, by Judy Schneider. CRS Report RS22018. Committee System Rules Changes in the House, 109th Congress, by Judy Schneider. CRS-42 CRS Report RL32207. Commonly Used Motions and Requests in the House of Representatives, by Betsy Palmer. CRS-42 CRS Report 96-708. Conference Committee and Related Procedures: An Introduction, by Elizabeth Rybicki and Stanley Bach. CRS Report RS21339. Congress’ Early Organization Meetings, by Judy Schneider. CRS Report RL32200. Debate, Motions, and Other Actions in the Committee of the Whole, by Bill Heniff Jr. and Elizabeth Rybicki CRS Report 98-572. Decorum in House Debate, by Mary E. Mulvihill. CRS Report 97-856. Discharge Rule in the House: Recent Use in Historical Context, by Richard S. Beth. CRS Report 97-552. The Discharge Rule in the House of Representatives: Principal Features and Uses, by Richard S. Beth. CRS Report RL31382. Expulsion, Censure, Reprimand, and Fine: Legislative Discipline of Members of the House of Representatives, by Jack H. Maskell. CRS Report 98-888. “Fast-Track” or Expedited Procedures: Their Purposes, Elements, and Implications, by Christopher M. Davis. CRS Report RL30725. The First Day of a New Congress: A Guide to Proceedings on the House Floor, by Mildred Lehmann Amer. CRS Report 97-236. Floor Procedure in the House of Representatives: A Brief Overview, by Elizabeth Rybicki and Stanley Bach. CRS Report RL30539. Hearings in the House of Representatives: A Guide for Preparation and Procedure, by Richard C. Sachs. CRS Report RL30945. House and Senate Rules of Procedure: A Comparison, by Judy Schneider. CRS Report 98-169. House Committee Reports: Required Contents, by Judy Schneider. CRS Report 97-301. The House’s Corrections Calendar, by Walter J. Oleszek. CRS Report 98-309. House Legislative Procedures: Published Sources of Information, by Betsy Palmer. CRS Report 97-357. House Rules Affecting Committees, by Stanley Bach and Christopher M. Davis. CRS Report 97-1045. House Rules and Precedents Affecting Committee Markup Procedures, by Christopher M. Davis and Stanley Bach. CRS-43 CRS Report RS21388RL32772. House Rules Changes Affecting Floor ProceedingsProcedures in the 108th109th Congress, by Thomas P. Carr and Elizabeth Rybicki. CRS-43 CRS Report 98-262. House Rules Manual: Summary of Contents, by Judy Schneider. CRS Report 98-228. House Voting Procedures: Forms and Requirements, by Walter J. Oleszek. CRS Report RS20067. How Measures Are Brought to the House Floor: A Brief Introduction, by James V. Saturno. CRS Report 98-996. Legislative Procedures and the Legislative Agenda in the House of Representatives, by Christopher M. Davis. CRS Multimedia MM70001. Legislative Procedures of the U.S. Congress, by Walter J. Oleszek. CRS Report 95-563. The Legislative Process on the House Floor: An Introduction, by Elizabeth Rybicki and Stanley Bach. CRS Report RS20131. Morning Hour Debates: Current House Practices, by Judy Schneider. CRS Report 97-647. The Motion to Recommit in the House: The Minority’s Motion, by Mary E. Mulvihill. CRS Report RL30135. One-Minute Speeches: Current House Practices, by Judy Schneider. CRS Report 97-865. Points of Order in the Congressional Budget Process, by James V. Saturno. CRS Report RS20313. Queen-of-the-Hill Rules in the House of Representatives, by James V. Saturno. CRS Report 97-704. Quorums in House Floor Proceedings: An Introduction, by Stanley Bach. CRS Report 98-696. Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses, by Elizabeth Rybicki and Stanley Bach. CRS Report 98-710. “Self-executing” Rules Reported by the House Committee on Rules, by Walter J. Oleszek,. CRS Report 97-780. The Speaker of the House: House Officer, Party Leader and Representative, by James V. Saturno. CRS Report RL30136. Special Order Speeches: Current House Practices, by Judy Schneider. CRS-44 CRS Report 96-938. Special Rules in the House of Representatives, by James V. Saturno, Christopher M. Davis and Stanley Bach. CRS-44 CRS Report 96-339. Super-Majority Voting: Selected Implications, by Richard S. Beth. CRS Report 98-796. Suspension of the Rules in the House of Representatives, by Stanley Bach. CRS General Distribution Memorandum. Unfunded Mandates: Procedure in the House, by Richard S. Beth. CRS Report 98-988. Voting and Quorum Procedures in the House of Representatives, by Stanley Bach. CRS-45 Appendix B: House Parliamentary Reference Information Available Through the Internet Throughout this report, Internet locations and websites at which electronic versions of various House parliamentary reference sources are available have been cited. This appendix lists these online resources in a single compendium for the convenience of the reader. The vast majority of the referenced links can be accessed through one of three “gateway” websites maintained by legislative branch organizations: The Legislative Information System (LIS), GPO Access, and the House Committee on Rules website. Each of these sites (detailed below) provides a good entry point for research into House parliamentary procedure. Documents relating to House parliamentary procedure can also be found at other Library of Congress and House of Representatives websites at the locations indicated. To find the document cited at a specified Internet location, use the internet address provided in bracketsInternet addresses are provided for the document cited. The list is current as of this report’s publication date. Because information on the Internet is constantly changing, this list should not be considered exhaustive. Legislative Information System of the U.S. Congress (LIS) [http://www.congress.gov] (Available to Congress Only) The Legislative Information System was released at the start of the 105th Congress and has been extensively redesigned for the 107th Congress. The . The information in the system is organized into six Web pages: Home, Senate, House, Agencies, Media, and Can’t Find It Government, News, and A-Z Index. Each page is accessible by clicking on one of the navigation tabs near the top of the page. The Senate and House pages include multiple links under the category “Rules, precedents, and procedures.” The “Agenciesand Procedures.” The “Government” page includes a link to GPO Access (Legislative), where many documents related to parliamentary procedure are located. CRS Guides to Congressional Processes [http://www.crs.gov/products/guides/guidehome.shtml] The latest version of this CRS electronic guide provides a wealth of information relating to House and Senate procedures. There are links to current versions of House and Senate rules and CRS reports on specific procedural topics. Electronic versions of How Our Laws Are Made and Enactment of a Law provide an overview of procedures in each chamber. Links within the fact sheets and procedural overviews take the user directly to pertinent House or Senate rules and to definitions in Congressional Quarterly’s American Congressional Dictionary. CRS-46 House Committee on Rules [http://www.house.gov/rules/] In addition to the House Rules and Manual, the text of House rules, and House Practice, this location includes links to explanatory material about House rules and procedure developed by the committee itself and by several other sources. There are links here to numerous subpages covering all of the following topics: Rules and Precedents of the House, Parliamentary Terms and Definitions, General Parliamentary Procedure, the Budget Process, House Committee Procedures, House Floor Procedures, Resolving Differences with the Senate, Senate Process and Procedure, Parliamentary Outreach Program, Special Rules Reported, and the Opening Day Rules Package. [http://www.house.gov/rules/house_rules_precedents.htm] House Rules Committee Web page on “Rules and Precedents of the House,” provides links to several procedural publications and documents. [http://www.house.gov/rules/house_ruleshouse_rules_precedents.htm] House Rules Committee Web page for the Rules of the 108th109th Congress, provides links to individual rules or to a copy of the entire document. [http://www.house.gov/rules/rulespack_108house_rules.htm] Provides a link to the text of H.Res. 5, adopting the rules of the House for the 108th109th Congress. [http://www.house.gov/rules/house_rules_precedentsrulespack_109.htm] Provides a link, identified as “A Guide to the Rules, Precedents and Procedures of the House,” to the text of House Practice at the GPO Access Internet location. [http://www.house.gov/rules/floor_manhouse_rules_precedents.htm] Rules Committee link to the 1999 version of Floor Procedure in the U.S. House of Representatives. GPO Access GPO Access Home Page [http://www.gpoaccess.gov/index.html] [http://www.house.gov/rules/floor_man.htm] GPO Access GPO Access Home Page [http://www.gpoaccess.gov/hrm/index.html] Searchable version of the House Manual. [http://www.access.gpo.gov/congress/senate/constitutiongpoaccess.gov/hrm/index.html] SearchableA searchable version of the 1992 edition of The Constitution Annotated (formally known as Constitution of the United States of America: Analysis and Interpretation, S.Doc. 103-6), and to its 1996 supplement (S.Doc. 104-14), 1998 supplement (S.Doc. 106-8) and 2000 supplement S.Doc 106-27. These editions of the Constitution are annotated by the Congressional Research Service with references to court decisions. CRS-47 [http://www.gpoaccess.gov/hpractice/browse.html] Searchable version of House Practice. [http://www.access.gpo.gov/congress/house/hclinks.html] Provides links to rules of most House committees.), and the 1996, 1998, and 2000 supplements is available at [http://www.gpoaccess.gov/constitution/index.html]. A pdf version of a more recent edition of the main volume (S.Doc. 108-17) can be accessed at [http://www.gpoaccess.gov/serialset/cdocuments/index.html]. These documents are prepared by the Congressional Research Service, which also maintains an online version at [http://www.crs.gov/products/conan/index.shtml]. CRS-47 Searchable version of House Practice. [http://www.gpoaccess.gov/hpractice/browse.html] Provides links to rules of most House committees. [http://www.gpoaccess.gov/congress/index.html] Other Library of Congress Sites Constitution [http://lcweb2.loc.gov/const/const.html] Amendments 1-10 (Bill of Rights) [http://lcweb2.loc.gov/const/bor.html] Amendments 11-27 [http://lcweb2.loc.gov/const/amend.html] How Our Laws Are Made, version dated June 20, 2003. [http://thomas.loc.gov/home/lawsmade.toc.html] Other House of Representatives Sites House Home Page [http://www.house.gov] Clerk’s print of House Rules for the 108th109th Congress, dated January 7, 2003. [4, 2005. http://clerk.house.gov/legisAct/The_Legislative_Process/rules/108rules.pdflegisProc/rules/index.html] Links to How Our Laws Are Made, House Practice, and other parliamentary sources [http://clerk.house.gov/legisAct/The_Legislative_Process/legisProc/index.html] House Committees Web Page [http://www.house.gov/CommitteeWWW.html] Most committee websites include a link to “committee rules.” Links to these rules are listed below: Agriculture Appropriations [http://agriculture.house.gov/rules.htminside/publications.html] [http://appropriations.house.gov/index.cfm?FuseAction= GeneralInformation.CommitteeRules] Armed Services [http://www.house.gov/hasc/about/rules.html] Budget [http://www.house.gov/budget/budgetrules.pdf] Education and [http://edworkforce.house.gov/markups/108th109th/fc/organizatio the Workforce nal/22rules.pdf] nal/25rulesfinal.pdf] Armed Services Budget Education and the Workforce Energy and [http://energycommerce.house.gov/108/rules.htm] Commercepubs/Rules%20for% Commerce 20printing.pdf] Financial Services [http://financialservices.house.gov/media/pdf/108109-A.pdf] CRS-48 Government Reform Homeland Security House Administration International Relations Judiciary Resources Rules Science [No apparent link on committee webpage] [http://www.house.gov/cha/about_history/rules/rules.html] Small Business Standards of Official Conduct Transportation and Infrastructure Veterans Affair Ways and Means [No apparent link on committee webpage] [http://hsc.house.gov/rules.cfm] [http://www.house.gov/cha/about.html] link to 108th Congress rules [http://wwwc.house.gov/international_relations/108109/rules10 8.pdf9pdf] [http://wwwjudiciary.house.gov/judiciary/rules.pdfPrintshop.aspx?Section=1] [http://www.house.gov/resources/108cong/rules.htm#rule6] [http://www.house.gov/rules/108committee_rules109committee_rules.htm] [http://www.house.gov/science/committeeinfo/PDFs/rules1 08.pdf] [http://wwwwwwc.house.gov/smbiz/committeeRules/committee_ rules.asprules.html] [http://www.house.gov/ethics/Rules_108th.htm] Small Business Standards of Official Conduct Transportation and [http://www.house.gov/transportation/rules.pdf] Infrastructure Veterans AffairRules_109h.htm] [http://www.house.gov/transportation/] Select link for “Committee Organizational Information.” [http://veterans.house.gov/about/rules108th.html] Ways and Means rules109h.html] [http://waysandmeans.house.gov/About.asp?section=64]