Order Code RL30787
CRS Report for Congress
Received through the CRS Web
Parliamentary Reference Sources:
House of Representatives
Updated July 27, 2001
Thomas P. Carr
Analyst
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, rule-
making 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 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
Congressional Research Service (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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
The present update was prepared by Thomas P. Carr, Analyst in American
National Government, Government and Finance Division. Earlier versions were
prepared by Mary Mulvihill, Consultant, Government and Finance Division; Richard
S. Beth, Specialist in the Legislative Process, Government and Finance Division; and
Judy Schneider, Specialist on the Congress, Government and Finance Division.

---

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, rule-
making 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 1,
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 “rule-making
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 1 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.
1When 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,( January
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 (5-
7373).
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, are provided in brackets e.g.,
[http://www.house.gov/CommitteeWWW.html]. The name of the Internet service is
provided in bold type. Information presented 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 107th Congress,
House Document 106-320) can be searched online through the following
Internet sites:
The House home page on LIS at [http://www.congress.gov/house.html] has a
direct link to the House Rules and Manual; House Committee on Rules at
[http://www. house.gov/rules/house_rules_precedents.htm]; GPO Access, at
[http://www.access.gpo.gov/congress/hrm.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., January 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, Chapter 28, Section 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,
Chapter 5, Section 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, March 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
reference source discuss the information provided in the parliamentarian’s
annotations.

---

CRS-8
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 107th 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 March 15, 2001) to the House Rules and Manual for the
107th 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 Web site of the House Committee on Rules.
Internet: The text of H.Res. 5 for the 107th Congress is available at the Web
site of the House Committee on Rules at
[http://www.house.gov/rules/rulespackage.htm] The explanatory material on
the 106th Congress recodification is available through the same Web site at
[http://www.house.gov/rules/rules_106.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 1, 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
2Constitution of the United States, in U.S. Congress, House, House Rules and Manual for the
105th Congress (formally titled Constitution, Jefferson’s Manual and the Rules of the House),
H.Doc. 104-272, 104th Congress., 2nd session. (Washington: GPO, 1997), pp. 32-33.

---

CRS-9

---

CRS-10
Internet: The Constitution and its amendments is available through
THOMAS, the public access Web site 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 Web site at
[http://www.crs.gov/products/conan/index.html], and on GPO Access at
[http://www.access.gpo.gov/congress/senate/constitution/index.html].
Jefferson’s Manual. House Rule XXVII, 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 Congress, 1st session (Washington: GPO, 1993).
3House Rule XXVII, Clause 1, in House Rules and Manual for the 107th Congress, H.Doc.
106-320, 106th Congress, 2nd session (Washington: GPO, 2001), Section 1104, p. 917.
4Jefferson’s Manual, in House Rules and Manual for the 106th Congress, H.Doc. 105-358,
105th Congress, 2nd session (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 Web
sites:
Direct link from the House home page [http://www.congress.gov/house.html]
on LIS; House Committee on Rules at
[http://www.house.gov/rules/house_rules.htm];
CRS Guides to Congressional Processes at
[http://www.crs.gov/products/guides/guidehome.shtml].
5Rules 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.
6These 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, 104th Congress, 2nd session (Washington: GPO,
1996), pp.174-176. Excerpts from this publication are presented later in this report.
7Congressional 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 29 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
8Congressional 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,
! Cannon’s Procedure in the House of Representatives, and
9For example, Section 904(a)(1) of the Congressional Budget and Impoundment Control Act
of 1974.
10For 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 107th
Congress, H.Doc. 106-320, 106th Congress, 2nd session, Section 791.

---

CRS-19
! 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 up-
to-date reference source for information about the rules and selected precedents
governing House procedure. This one-volume publication was prepared by William
Holmes Brown during the final years of his tenure (1974-1994) as House
parliamentarian.11 Before its publication at the end of the 104th Congress, House
Practice was modified by the Office of the House Parliamentarian to incorporate rules
changes adopted, and new precedents established, during the 104th Congress. 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 57 subjects of House
procedure. 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”).
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 rule-
making statutes related to the budget process.
11House Practice: A Guide to the Rules, Precedents and Procedures of the House, 104th
Congress, 2nd session. (Washington: GPO, 1996).

---

CRS-20
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.”12
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 GPO Access
at [http://www.access.gpo.gov/congress/browse-hp.html].
12House Practice: A Guide to the Rules, Precedents and Procedures of the House, 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 1980.13 The publication’s 1985
supplement covers selected precedents established from 1981 through 1984, and the
1987 supplement discusses those created from 1981 through 1986.14 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, chapter 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.15
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.
13Procedure 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).
14Procedure 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).
15Procedure 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.16 Fifteen 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 31, “Points of Order;
Parliamentary Inquiries.” 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.17
16Deschler’s Precedents of the U.S. House of Representatives (in 15 volumes to date;
Volumes 10-15 are formally titled Deschler-Brown Precedents of the U.S. House of
Representatives), 94th Congress, 2nd session, H.Doc. 94-661, 94th Congress, 2nd session
(Washington: GPO, 1977- ).
17 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 1-15) 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 from GPO Access at
[http://www.gpo.gov/congress/house/precedents/deschler.html]. The House
Rules Committee also has a link to this site at
[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 1936.18 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 11-
volume set. These citations usually provide volume and section numbers (e.g., Vol.
VIII, Section 2661).
An excerpt from Cannon’s Precedents is reprinted on the following page.19
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]
18Hinds’ and Cannon’s Precedents of the House of Representatives of the United States (11
Vols.) (Washington: GPO, 1907-1908 and 1935-1941).
19Cannon’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.20 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, Section 2661) and the Congressional Record (e.g.,
84-1-13067; this means 84th Congress, 1st session, p.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. Although 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.21
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).
20Cannon’s Procedure in the House of Representatives, H.Doc. 610, 87th Congress, 2nd
session. (Washington: GPO, 1963).
21Ibid., 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.”22
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.23
The 106th Congress 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: Rules Adopted by the Committees of the House of Representatives
can be accessed via the House Rules Committee Web site at
[http://www.house.gov/rules/rules_pubs_print.htm].
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.gpo.gov/congress/house/hclinks.html].
22Procedure in the U.S. House of Representatives, Chapter 17, Section 11.1., p. 205.
23U.S. Congress, House, Committee on Rules, Rules Adopted by the Committees of the House
of Representatives, 105th Congress, 1997-1998, committee print, 105th Congress, 1st session.
(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.24 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.25 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.26
24House Rules and Manual for the 107th Congress Rule XII, Clause 2(b), Section 816.
25Ibid., Rule XII, Clause 2(c), Section 816.
26Congressional Record, daily edition, Vol. 141, January 30, 1995, p. H849.

---

CRS-35
CONGRESSIONAL RECORD—HOUSE
January 30, 1995
MEMORANDUM OF
Committee if the national security aspects of
Coast Guard that were previously within the
UNDERSTANDING
the matter predominate over transportation
jurisdiction of the Merchant Marine and
and other merchant marine aspects.
Fisheries Committee.
The SPEAKER pro tempore. Under a
While present programs of the Maritime
This letter may not address all merchant
previous order of the House, the gentleman
Administration have both national security
marine issues that will come before you.
from Pennsylvania [Mr. SHUSTER] is
and transportation implications, we agree
We will continue to work with you toward
recognized for 5 minutes.
that primary jurisdiction over the annual
resolution of other issues as they arise.
Mr. SHUSTER. Mr. Speaker, I submit for
a u t h o r i z a t i o n f o r t h e M a r i t i m e
Finally, it is understood that this
Members attention the following letter from
Administration would be in the Committee
agreement does not in any way alter or limit
myself and the chairman of the Committee
on National Security. Primary jurisdiction
the jurisdiction of the Committee on
on National Security, Mr. SPENCE,
over the annual authorization for the Federal
Transportation and Infrastructure or of the
regarding jurisdiction.
Maritime Commission would be in the
Committee on National Security over
CONGRESS OF THE UNITED STATES,
Committee on Transportation and
matters discussed herein which were
HOUSE OF REPRESENTATIVES,
Infrastructure.
properly within the respective Committees’
Washington, DC, January 4, 1995
Shipbuilding is a subject that has a
jurisdiction prior to the dissolution of the
Hon. NEWT GINGRICH,
particularly strong connection with national
Committee on Merchant Marine and
Speaker, House of Representatives,
security because of the implications for our
Fisheries.
Washington, DC.
defense industrial base. We agree that the
Sincerely,
DEAR MR. SPEAKER: As Chairman of
National Shipbuilding Initiative, including
FLOYD D. SPENCE,
the Committee on Transportation and
the loan guarantee program under Title XI,
Chairman, Committee on
Infrastructure and the Committee on
would be within the primary jurisdiction of
National Security.
National Security, we wanted to advise you
the Committee on National Security. In
BUD SHUSTER,
of our mutual agreement concerning the
addition, the Congress likely will be
Chairman, Committee on
division of jurisdiction over the merchant
requested to approve legislation to
Transportation and
marine due to the dissolution of the
implement an international agreement to
Infrastructure.
Committee on Merchant Marine and
eliminate shipbuilding subsidies worldwide.
Fisheries. Rule X, clause 1(k) of the Rules
While this is generally a laudable goal, the
of the House for the 104th Congress
contents of this agreement must be
provides jurisdiction to the Committee on
examined in the context of its long-term
National Security over:
effect on the shipbuilding industrial base.
“(7) National security aspects of merchant
Of particular concern is the question of
marine, including financial assistance for the
whether U.S.-based shipyards are
construction and operation of vessels, the
disadvantaged by this agreement to the point
maintenance of the U.S. shipbuilding and
that a transition from naval construction to
ship repair industrial base, cabotage, cargo
commercial construction is impossible. We
preference, and merchant marine officers
agree that, as between the Committees on
and seamen as these matters relate to the
National Security and Transportation and
national security.”
Infrastructure, primary jurisdiction over
The new Rule X, clause 1(q) provides the
implementing legislation for this agreement
Committee on Transportation and
should reside with the Committee on
Infrastructure with jurisdiction over:
National Security.
“(12) Measures relating to merchant
Jurisdiction over the State and Federal
marine, except for national security aspects
Maritime Training Academies is granted in
of merchant marine.”
the rule specifically to the Committee on
This split in jurisdiction in what was
National Security. With respect to the
previously entirely within the Committee on
provision in Rule X, clause 1(k)(9)
Merchant Marine and Fisheries is based on
concerning merchant marine officers and
the fact that, while various aspects of the
seamen, it is understood that measures
merchant marine and related activities are
whose predominant purpose is the
transportation matters that are handled in
maintenance of a well trained merchant
the executive branch by the Department of
mariner manpower pool capable of meeting
Transportation, certain aspects are so closely
sustainment and surge sealift requirements
tied to national security that primary
will be within the jurisdiction of the
jurisdiction should be within the Committee
Committee on National Security. Shortages
on National Security. For example, the
of qualified U.S. mariners to serve during
maintenance and control of the National
the mobilization for Desert Storm
Defense Reserve Fleet and the Ready
highlighted the need to consider these
Reserve Fleet would be within the
problems from a national security
jurisdiction of the Committee on National
standpoint.
Security.
Jurisdiction over the Coast Guard is
However, it may not be clear in all cases
provided to the Committee on
to which of the two Committees a particular
Transportation and Infrastructure by Rule X,
bill should be referred. In general, matters
clause 1(q)(1). This confers upon the
relating to merchant marine activities will
Transportation and Infrastructure Committee
be referred to the National Security
authority over all matters handled by the

---

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. Although
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 the House
Rules Committee Web site at [http://www.house.gov/rules/floor_man.htm].
A similar version, searchable and with links to the rules of the House and other
reference sources, is available at the Web site of the Congressional Institute
at [http://www.conginst.org/floor/].

---

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. Although 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 22nd edition of How Our Laws Are Made,27 was published in 2000.
Prepared by the Office of the House Parliamentarian in consultation with the Office
of the Senate Parliamentarian, the 22nd edition is available online. It reflects changes
in congressional procedures since the 21st edition, which was revised and updated in
1997.
27U.S. Congress, House, How Our Laws Are Made, H.Doc. 106-197, 106th Congress., 2nd
session, (Washington: GPO, 2000).

---

CRS-38
At the time this report was issued, the latest print version of How Our Laws
Are Made was the 22nd edition (H.Doc. 106-197). It was distributed to House
Member and committee offices upon publication, and is now available from the
Government Printing Office.
Internet: The House Home page on LIS at
[http://www.congress.gov/house.html] provides a link to the text of the 22nd
edition of How Our Laws Are Made, which is also available through
THOMAS at [http://thomas.loc.gov/home/lawsmade.toc.html]. A link to this
Web site is provided by the Office of the Clerk at
[http://clerkweb.house.gov/mbrcmtee/legis/legproc.htm].
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.28 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 106th Congress directs the Speaker not to schedule a measure for consideration
under suspension of the rules if the measure “fails to include a cost estimate, has not
been cleared by the minority, was opposed by more than one-third of the committee
members reporting the bill, or exceeds $100,000,000 in authorizations,
appropriations, or direct spending.” 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.
28Members 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
To cite another example, Rule 39 of Democratic Caucus rules for the 106th
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
Cannon’s Procedure in the House of Representatives, H.Doc. No. 610, 87th
Congress, 2nd session (Washington: GPO, 1963), 542 pp.
Constitution, Jefferson’s Manual and the Rules of the House, published each
Congress as a House document; (most recent edition is H.Doc. No.106-320,
106th Congress, 2nd session (Washington: GPO, 2001), 1322 pp.
Deschler’s Precedents of the U.S. House of Representatives (in 15 volumes to date;
volumes 10-15 are formally titled Deschler-Brown Precedents of the U.S. House
of Representatives), H.Doc. No. 94-661, 94th Congress, 2nd session
(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,
104th Congress, 2nd session (Washington: GPO, 1996), 936 pp.
A Manual of Parliamentary Practice for the Use of the Senate of the United States
(more commonly known as Jefferson’s Manual), S.Doc. 103-8, 103rd Congress,
1st session (Washington: GPO, 1993), 129 pp.
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), 852 pp.
Procedure in the U.S. House of Representatives, 1985 Supplement (Washington:
GPO, 1986), 121 pp.
Procedure in the U.S. House of Representatives, 1987 Supplement (Washington:
GPO, 1987), 178 pp.
Rules Adopted by the Committees of the House of Representatives, 106th Congress,
1999-2000, U.S. Congress, House Committee on Rules, Committee Print, 106th
Congress, 1st session (Washington: GPO, 1999), 313 pp.
Rules of the House of Representatives, an unnumbered print usually issued each
session of Congress by the Clerk of the House.

---

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 (22nd edition), prepared by the Office of the House
Parliamentarian, H.Doc. No. 106-197, 106th Congress, 2nd session (Washington:
GPO, 2000).
Legislative Manual (1st Edition) of the Committee on Government Reform and
Oversight, House of Representatives (Washington: GPO, 1996), 101 pp.
Legislative Manual (6th Edition) of the Committee on Science, Space, and
Technology, House of Representatives (Washington: GPO, 1995), 133 pp.
Congressional Research Service (CRS) Products
Most titles, with the exception of the videoprogram and the general distribution
memorandum, are available full-text from the CRS Web site home page at
[http://www.crs.gov]. From the CRS home page, under the heading “Search All
Products”, insert the product number (example: 98-853) in the search box, select the
“By product number” radio button, then click on the “Go” button.
CRS Report 98-995. The Amending Process in the House of Representatives, by
Stanley Bach.
CRS Report RL30244. The Committee Markup Process in the House of
Representatives, by Stanley Bach.
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 96-708. Conference Committee and Related Procedures: An
Introduction, by Stanley Bach.

---

CRS-42
CRS Report 96-657. Congress’ Early Organization Meetings, by Judith Schneider.
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 98-888. “Fast-Track” or Expedited Procedures: Their Purposes,
Elements, and Implications, by Stanley Bach.
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 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 97-357. House Rules Affecting Committees, by Stanley Bach and Carol
Hardy Vincent.
CRS Report 97-1045. House Rules and Precedents Affecting Committee Markup
Procedures, by Stanley Bach.
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 97-85. Legislative Discipline of Members of the House of
Representatives, by Jack H. Maskell.
CRS Report 98-996. Legislative Procedures and the Legislative Agenda in the
House of Representatives, by Stanley Bach.

---

CRS-43
CRS Report VT96-1333. Legislative Procedures of the U.S. Congress;
Videoprogram, by Walter J. Oleszek,, December 1996, Program time: 60
minutes.
CRS Report 95-563. The Legislative Process on the House Floor: An Introduction,
by Stanley Bach.
CRS Report RS20131. Morning Hour Debates: Current House Practices, by Mary
E. Mulvihill and 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 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 Mary
E. Mulvihill and Judy Schneider.
CRS Report 96-938. Special Rules in the House of Representatives, by Stanley
Bach.
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, March 5, 1997.
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 Web sites 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” Web sites maintained by legislative branch organizations: The Legislative
Information System (LIS), GPO Access, and the House Committee on Rules Web
site. 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 Web sites at the locations indicated.
To find the document cited at a specified Internet location, use the internet
address provided in brackets. 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]
The Legislative Information System (Available to Congress Only) was released
at the start of the 105th Congress and has been extensively redesigned for the 107th
Congress. The information in the system is organized into six Web pages: Home,
Senate, House, Agencies, Media, and Can’t Find It. 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 “Agencies” 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 page on “Rules and Precedents of the House,” provides
links to several procedural publications and documents.
– [http://www.house.gov/rules/house_rules.htm]
House Rules committee page for the Rules of the 107th Congress, provides links
to individual rules or to a copy of the entire document.
– [http://www.house.gov/rules/rulespackage.htm]
Provides a link to the text of H.Res. 5, adopting the rules of the House for the
107th Congress.
– [http://www.house.gov/rules/house_rules_precedents.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_man.htm]
Rules Committee link to the 1999 version of Floor Procedure in the U.S. House
of Representatives.
GPO Access
[http://www.access.gpo.gov/]
– [http://www.access.gpo.gov/congress/hrm.html]
Searchable version of the House Manual.
– [http://www.access.gpo.gov/congress/senate/constitution/index.html]
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) and 1998 supplement
(S.Doc. 106-8). These editions of the Constitution are annotated by the
Congressional Research Service with references to court decisions.
– [http://www.access.gpo.gov/congress/browse-hp.html]
Searchable version of House Practice.

---

CRS-47
– [http://www.access.gpo.gov/congress/house/hclinks.html]
Provides links to rules of most House committees.
Other Library of Congress Sites
– [http://lcweb.loc.gov/global/legislative/rules.html]
Provide links to House rules at the Internet locations of the Clerk of the House
(Clerk’s print), the House Committee on Rules, and the Library of Congress.
– [http://lcweb2.loc.gov/const/const.html]
Constitution
– [http://lcweb2.loc.gov/const/bor.html]
Amendments 1-10 (Bill of Rights)
– [http://lcweb2.loc.gov/const/amend.html]
Amendments 11-27
– [http://thomas.loc.gov/home/lawsmade.toc.html]
How Our Laws Are Made, version dated September 1999.

---

CRS-48
Other House of Representatives Sites
[http://www.house.gov]
– [http://www.house.gov/Constitution/Constitution.html]
Constitution
– [http://www.house.gov/Constitution/Amend.html ]
Amendments
– [http://clerkweb.house.gov/107/docs/rules/Contents.htm
Clerk’s print of House Rules for the 106th Congress, dated Jan. 3, 2001.
– [http://clerkweb.house.gov/mbrcmtee/legis/legproc.htm]
Provides a link to How Our Laws Are Made.
– [http://www.house.gov/CommitteeWWW.html]
Provides links to Internet locations of all House committees. Most committee
Web sites include a link to “committee rules.” Links to the rules of most House
committees are listed below:

Agriculture
[http://agriculture.house.gov/rules.htm]
Appropriations
[http://www.house.gov/appropriations/info/rules.htm]
Armed Services
[http://www.house.gov/hasc/about/rules.html]
Budget
[http://www.house.gov/budget/budgetrules.pdf]
Education and
[http://edworkforce.house.gov/publications/rules107.pdf]
the Workforce
Energy and Commerce
No apparent link
Financial Services
[http://www.house.gov/financialservices/comrules.htm]
Government Reform
[http://www.house.gov/reform/rules.htm]
House Administration
[http://www.house.gov/cha/about_history/rules/rules.html]
International Relations
[http://www.house.gov/international_relations/rules107.htm]
Judiciary
[http://www.house.gov/judiciary/JudiciaryRules.pdf]
Resources
[http://resourcescommittee.house.gov/107cong/rules107.htm]
Rules
[http://www.house.gov/rules/comm_rules.htm]
Science
[http://www.house.gov/science/rules107.pdf]
Small Business
[http://www.house.gov/smbiz/rules.html]
Standards of Official
[http://www.house.gov/ethics/Rules_107th.htm]
Conduct
Transportation and
[http://www.house.gov/transportation/resources.html]
Infrastructure
Veterans Affairs
[http://veterans.house.gov/about/rules106th.htm]
Ways and Means
[http://waysandmeans.house.gov/rulejuri.htm]

---