Parliamentary Reference Sources: House of Representatives
97-530 GOV
CRS Report for Congress
Received through the CRS Web
Parliamentary Reference Sources:
House of Representatives
Updated February 23, 1999
Mary Mulvihill, Consultant
Government and Finance Division
Richard S. Beth and Judy Schneider, Specialists
Government and Finance Division
Congressional Research Service ˜ The Library of Congress
ABSTRACT
This report discusses how to access and use parliamentary reference sources providing
information about the rules, procedures, precedents, and practices of the House. The report
also reviews some important principles of House parliamentary procedure to remember when
analyzing information from these reference sources. Reference sources available through the
Internet are highlighted throughout the report.
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 how to access and use 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 important principles of House parliamentary procedure to consider
when analyzing 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 97-198,
Parliamentary Reference Sources: Senate.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Important 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Summary of Changes to House Rules . . . . . . . . . . . . . . . . . . . . . . . . . 7
Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Cannon's Procedure in the House of Representatives . . . . . . . . . . . . 29
Committee Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Memorandums of Understanding Regarding Committee Jurisdiction . . . . 33
Legislative Information System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Publications of Committees and Offices of the House . . . . . . . . . . . . . . . . . . . . 35
Floor Operations Manual: U.S. House of Representatives . . . . . . . . . . . . 35
Legislative Manuals of House Committees . . . . . . . . . . . . . . . . . . . . . . . . 36
How Our Laws Are Made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Documents Prepared by House Party and Leadership Organizations . . . . . . . . 37
Rules of Each Party's Caucus or Conference . . . . . . . . . . . . . . . . . . . . . . 37
Appendix A:
Bibliography of House Parliamentary Reference Sources . . . . . . . . . . . . . 39
Official Reference Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Publications of Committees and Offices of the House . . . . . . . . . . . . . . . . 40
Congressional Research Service (CRS) Products . . . . . . . . . . . . . . . . . . . 40
Appendix B:
House Parliamentary Reference Information Available Through
the Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
House Rules and Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
U.S. Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Rules of the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
House Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Committee Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
How Our Laws Are Made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Floor Operations Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Additional Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
The authors wishes to express their appreciation to Stanley Bach, Daphne
Bigger, Cheryl Graunke, Karen McCray, and Mary Rooker of CRS for their
assistance in preparing this report. The present update was prepared by Richard S.
Beth, Specialist in the Legislative Process, Government and Finance Division;
Jennifer Manning, Information Research Specialist, Information Research Division;
Tangela Roe, Information Resource Specialist, Office of Information Resources
Management; 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. A variety of 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., Legislative Manual of the House
Committee on Government Reform and Oversight), and offices of the House
(e.g., How Our Laws Are Made of the House Parliamentarian's Office); 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 use 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
Important Principles of House Parliamentary Procedure
When using parliamentary reference materials, the reader should evaluate the
relevance of information to the specific parliamentary situation being researched. In
carrying out this analysis, note that the following principles of House parliamentary
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;
! 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 of statutes such as the Congressional Budget
CRS-3
and Impoundment Act of 1974, and when it adopts a special rule that defines specific
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
which 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) usually will not call to the chamber's attention that a
violation of House rules is taking place. When a violating action occurs, the resulting
proceedings are considered valid unless a Member makes a point of order that this
action violates a rule of the House, a written precedent, or a source of procedure that
has the same standing as a House rule (i.e., 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. Moreover, the 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.
When a point of order
1
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 ten minutes of debate. See U.S. Library of Congress,
Congressional Research Service, Unfunded Mandates: Procedure in the House, by Richard
S. Beth, CRS general distribution memorandum (Washington: March 5, 1997).
CRS-4
The House Rarely Disregards its Precedents
The published precedents of the House discuss 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.
The majority of 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. The most important principle to
remember is that precedents 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 which 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 should consider seeking 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
which 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 which 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: the Parliamentarian's
annotations, 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;
! 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, 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, formally called "Uniform Resource Locators" (URLs), are
provided in italics (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, showing its format
and 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).
The House Rules and Manual contains the following parliamentary reference
sources:
CRS-6
! the Constitution of the United States;
! 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
Parliamentarian of the House 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 rather than page. Manual section numbers
are also listed at the top of each page. With the recodification in the 106 Congress
th
of House rules, discussed below, section numbers will presumably change, at least 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 to 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/House Document Room (6-
5200).
The full text of the latest House Rules and Manual (for the 105 Congress,
th
House Document 104-272) can be searched online through the following
Internet sites:
! GPO Access, a WWW service of the Government Printing Office, at
http://www.access.gpo.gov/congress/cong104.html;
! The "GPO Access" web site can also be reached through the WWW
pages of the House Internet Law Library (http://law.house.gov/
15.htm), the House Rules Committee (http://www.house.gov/
rules_org/R&O_rules.htm), and the Library of Congress
(http://lcweb.loc.gov/global/legislative/rules.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.
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
CRS-7
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., July 28, 1965, p.
18639). 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, 5825).
! Deschler's Precedents or Deschler-Brown Precedents: the publication's title,
volume number, chapter number, and section number (e.g., Deschler-Brown
Precedents, vol. 11, ch. 28, sec. 28.2).
! Procedure in the U.S. House of Representatives: the publication's title
("Procedure" is used), chapter number, and section number (e.g., Procedure,
ch. 21, sec. 7.5).
! 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, pg. 5272).
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 which 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.
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 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.
CRS-8
In the preface (dated October 7, 1997) to the House Rules and Manual for the
105
th Congress, the Parliamentarian first summarizes 25 rules changes that the House
adopted on the opening day of the 105 Congress, citing the House rule affected by
th
each change. Second, the preface summarizes two rules changes that the House
approved during the 104 Congress, but after publication of the
th
House Rules and
Manual for that Congress. Third, it references new "[s]tatutory provisions
constituting rules of the House," enacted in the Line Item Veto Act and the Budget
Enforcement Act of 1997, and set forth in the Manual. Finally, it summarizes 25
changes in House Rules effected by adoption of House Resolution 168 of the 105th
Congress, on September 18, 1997.
At the start of the 106 Congress, the House adopted a recodification of it
th
s
rules, which reorganized and consolidated the previous 51 written rules of the House
into 28. Prepared materials explanatory of the recodification are available, including
a side-by-side comparison of the new with the old rules. These materials will be
useful in locating provisions of House rules, in their recodified version, both pending
and after the publication of new editions of the documents containing the recodified
rules.
At the time of publication, the text of H.Res. 5, the resolution recodifying and
adopting the chamber's rules for the 106 Congress, is available in the
th
Congressional Record for January 6, 1999, pp. H7-H35. Explanatory material
on the recodification, including the side-by-side comparison of the new and old
rules, appears at pp. H39-H195.
Internet: At the time of publication, the text of H.Res. 5 for the 106th
Congress is available through the web site of the House Committee on Rules
at http://www.house.gov/rules/rules_106.htm. The explanatory material on the
recodification is available through the same web site at
http://www.house.gov/rules/106_rules_pack.htm.
CRS-9
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
Internet: The Constitution and its Amendments are available and searchable
through THOMAS, the public access WWW service of the Library of
Congress, at http://lcweb2.loc.gov/const/const.html (a link to the Amendments
appears at the top of this WWW page), and through the House WWW service
at http://www.house.gov/Constitution/Constitution.html and
http://www.house.gov/Constitution/Amend.html.
A searchable version of The Constitution Annotated, which includes
references, prepared by CRS, to decisions of the Supreme Court and others, is
available on the GPO Access website at
http://www.access.gpo.gov/congress/senate/constitution/index.html.
Constitution of the United
2
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 Cong., 2 sess. (Washington: GPO, 1997), p. 32-33.
nd
CRS-10
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
CRS-11
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
Senate Doc. 103-8.
3 House rule XXVIII, clause 1, in H.Res. 5, 106th Congress, in Congressional Record, daily
edition, vol. 145, Jan. 6, 1999, p. H34.
4 Jefferson's Manual, in House Rules and Manual for the 105th Congress (H.Doc. 104-272),
p. 232.
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 which direct readers to the
parliamentary reference source 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 105 Congres
th
s, 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 websites:
Office of the Clerk at http://clerkweb.house.gov/docs/ rules/Contents.htm has
106 rules;
th
House Committee on Rules at
http://www.house.gov/rules_org/R&O_rules.htm; CRS Guide to Legislative
and Budget Process at http://lcweb.loc.gov/crs/legproc/newformat/
ChamberRules/House/hrulesTofCNF.html; Library of Congress at
http://lcweb.loc.gov/ global/legislative/hrules/hrulestoc.html; and House
Internet Law Library at http://law.house.gov/15.htm.
5 Rules of the House of Representatives, in House Rules and Manual for the 105th Congress
(H.Doc. 104-272), p. 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 (the
so-called Gramm-Rudman-Hollings Act), and the Budget Enforcement Act of 1990,
that define specific procedures for considering budgetary legislation in the House and
in 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 the budget
resolution and reconciliation legislation, and establishes points of order which 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 appeared in the House Rules and Manual for the
105th Congress, with the Parliamentarian's annotations. This section sets fort
7
h
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, 104th Cong., 2 sess. (Washington: GPO, 1996),
nd
pp.174-176 (this publication is presented later in this report).
7 Congressional Budget Act, in House Rules and Manual for the 105th Congress (H.Doc. 104-
272), p. 918-919.
CRS-15
CRS-16
Congressional Disapproval Provisions in Public Laws. The House Rules and
Manual provides excerpts from 33 statutes that define special procedures for
Congress to follow in disapproving or approving specified actions of the executive
branch or of 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, the procedures 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 has appeared in the House
Rules and Manual for the 105 Congress.
th
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 in
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 the 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.
Excerpts from two rule-making statutes, the Congressional Budget Act and the
Free Trade Act, appeared earlier in this report.
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 also appear 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 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 105th
Congress (H.Doc. 104-272), sec. 704a.
CRS-19
! Hinds' and Cannon's Precedents of the House of Representatives of the
United States, and
! Cannon's Procedure in the House of Representatives.
When reviewing published precedents for their application to a particular
parliamentary situation, it is useful to consider the principles of House procedure
discussed earlier in this report. Members needing to find precedents to support or
rebut an argument should seek the official advice of the House Parliamentarian's
Office (5-7373).
House Practice: A Guide to the Rules, Precedents and Procedures of the
House. House Practice: A Guide to the Rules, Precedents and Procedures of the
House (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 1974-1994 tenure as House Parliamentarian. Before its
publication at the end of the 104 Congress,
th
House Practice was modified by the
Office of the House Parliamentarian to incorporate rules changes adopted, and new
precedents established, during the 104 Congress.
th
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 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 references 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 text. 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.
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, it 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 number.
Reprinted on the following pages are excerpts from the House Practice chapter
on the previous question.11
At the time of publication, a new edition of House Practice for the 106th
Congress 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). At the time of publication, copies of the previous edition were no
longer available from the Legislative Resource Center.
Internet: The present edition of House Practice is available on the GPO
Access website of the Government Printing Office at http://
www.access.gpo.gov/congress/browse-hp.html.
11 House Practice: A Guide to the Rules, Precedents and Procedures of the House, p. 653
and p. 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), presents the most important House
precedents established from 1959 through 1980. The publication's 1985 supplement
covers selected precedents established from 1981 through 1984, and the 1987
supplement discusses ones created from 1981 through 1986. 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 make references to Procedure.
Procedure consists of 37 chapters arranged around topics of House procedure.
For example, Chapter 28 is titled "Amendments and the Germaneness Rule." Each
chapter is 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).
The topic of each section is indicated in bold type. Below this topic heading,
precedents are summarized in one paragraph, assigned a section number (e.g., section
22.1), and accompanied by a Congressional Record citation where the full text of the
procedural exchange 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, 90 Cong. 1st Sess., Oct. 11, 1967"). The 1985
th
and 1987 supplements are organized in the same manner.
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.
12
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.
12 Procedure in the U.S. House of Representatives, 97th Congress, (Washington: GPO,
1982), 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. Fourteen 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 topical chapters generally parallel those of
Procedure. The volumes published so far cover through chapter 30, "Voting." A key
difference in the two publications is that Deschler's Precedents provides more detailed
information about precedents.
Each precedent in Deschler's Precedents carries a headnote in bold face type
which summarizes the principle illustrated by the precedent. The precedent is
described in a sentence or two and given a section number. For many precedents, the
full text of the procedural exchange that established the precedent is provided with a
Congressional Record page citation. In addition, some chapters in Deschler's
Precedents contain introductory sections that often describe the general principles
related to the House rule 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 no consolidated index covering all 14 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 the following page is an excerpt from Deschler's Precedents which
covers the motions to adjourn and to postpone.13
Volumes 1-11 of Deschler's Precedents are out of print, although Member
offices may obtain the complete set (volumes 1-14) 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).
13 U.S. Congress, House, Deschler's Precedents of the U.S. House of Representatives,
H.Doc. 94-661, 94th Cong., 2 sess. (Washington: GPO, 1977), vol. 7, Chapter 23, p. 84.
nd
CRS-26
CRS-27
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. 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 of 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 of 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 the full 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 indexes
(volumes 9-11), which present the headnotes of relevant precedents according to
procedural topics, or the detailed table of contents in each volume. 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 will usually provide a volume and section number (e.g.,
vol. VIII, sec. 2661).
An excerpt from Cannon's Precedents is reprinted on the following page.
14
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 House Office Building) and the La Follette Congressional Reading
Room (202 Madison Building, Library of Congress).
14 Cannon's Precedents of the House of Representatives of the United States, (Washington:
GPO, 1936), vol. VIII, p. 854.
CRS-28
CRS-29
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. It also includes a few additional precedents from
1936 to 1963, as selected by the publication's author, Clarence Cannon.
The precedents are grouped together in topical chapters that are unnumbered.
Some editions of Cannon's Procedure have thumb tabs indicating the different chapter
titles. The publication summarizes the precedents in brief fashion and provides
citations to Hinds' and Cannon's Precedents (e.g., VIII, sec. 2661) and the
Congressional Record (e.g., 84-1-13067; this means 84 Congress, 1st session, page
th
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.
15
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).
15 U.S. Congress, House, Cannon's Procedure in the House of Representatives, H.Doc. 610,
87th Cong., 2 sess. (Washington: GPO, 1963), p. 456.
nd
CRS-30
CRS-31
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." Committee
16
rules can be enforced, however, in the committee that adopts them.
The House Rules Committee issues each Congress a print 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 105 Congress.
th
17
Upon publication each Congress, 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: The rules of most House committees can be accessed through the
House WWW service at http://www.house.gov/CommitteeWWW.html, the
House Internet Law Library at http://law.house.gov/15.htm, and GPO
Access at http://www.access.gpo.gov/congress/house/
index.html#house_publications
16 Procedure in the U.S. House of Representatives, Chapter 17, sec. 11.1., p. 205.
17 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-32
CRS-33
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 where the jurisdictional mandate
of committees may be unclear or overlap. The Speaker decides on the referral of
legislation with the assistance of the House Parliamentarian. Referral decisions are
based as far as possible on the jurisdiction of standing committees set forth in Rule X
and relevant precedents. In practice, the Speaker and the Ho
18
use 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 104 Congress due to some of the rules changes
th
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. This change made it important to be designated th
19
e
"primary" committee at the time of referral. Hence, memorandums of understanding
developed in the 104 Congress and since have sometimes specified whic
th
h
committees should have "primary jurisdiction" over particular issues.
Some memorandums of understanding are printed in the Congressional Record,
especially at the start of a new Congress, while other memorandums 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 104 Congress.
th
20
18 Rule X, clause 5(b), in House Rules and Manual for the 105th Congress (H.Doc. 104-272,
sec. 700.
19 Rule X, clause 5(c), in House Rules and Manual for the 105th Congress (H.Doc. 104-272),
sec. 700.
20 Congressional Record, daily edition, vol. 141, January 30, 1995, p. H849.
CRS-34
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
authorization for the Maritime
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-35
Legislative Information System
A new electronic Legislative Information System (LIS) to serve the House and
the Senate has been under development since the 104 Congress. It was initiall
th
y
released at the start of the 105 Congress, but has been redesigned for the 106
th
th
Congress. The LIS now contains databases and links organized into nine primary
areas: floor activities and schedules; legislation/Congressional Record, committees;
news and publications; House and Senate links; support agencies, other governmental
links; user assistance and guides; previous Congresses. Further development of the
LIS will be a multi-year project.
Formerly, many of the parliamentary reference sources described in this report
were available electronically through the Member Information Network (MIN)
developed by House Information Resources (HIR) for Member and committee
offices. The new LIS was designed in part to replace and supersede these services on
the MIN, and by the beginning of the 106 Congress, those MIN services had largely
th
been retired.
Publications of Committees and Offices of the House
Some 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 Operations Manual: U.S. House of Representatives
The Floor Operations Manual: U.S. House of Representatives takes the reader
through the chamber's daily order of business from the opening prayer to
adjournment, providing references to applicable House rules and sample language on
how to undertake some parliamentary actions. It covers 44 topics of House
parliamentary procedure in a concise, user-friendly format. For each topic,
information is presented under the subheadings "what," "when," and "how." 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 the Floor Manual was issued by House Majority
Leader Richard Armey in January 1997. In April 1997, a similar document was
released by the Committee on Rules, and published by the Congressional Institute,
under the title of Republican Floor Operations Manual, These editions reflect House
rules changes adopted at the start of the 105 Congress.
th
They built upon the manual's
1994 edition (prepared by Robert Walker, a Representative of Pennsylvania from
1977 to 1997) and its original edition (drafted by Robert Bauman, a Representative
of Maryland from 1973 to 1981).
In his introduction to the new edition, Representative Armey explains that the
manual was conceived as "a self-teaching tool and reference guide to routine floor
CRS-36
actions." An introduction to the version of the Committee on Rules, by then
Chairman Gerald Solomon, describes the manual as "designed to assist all Members
in advancing their legislative goals by acquainting them with the daily routine on the
floor of the U.S. 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.
At the time of publication, the Committee was preparing a new edition.
Internet: An online version of the manual is available through the House
Rules Committee website 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 website of the
Congressional Institute at http://www.conginst.org/floorops.nsf
Legislative Manuals of House Committees
The House Committee on Government Reform and Oversight issued the first
edition of its Legislative Manual during the second session of the 104 Congress
th
.
This publication built upon the structure of the Legislative Manual prepared by the
House Committee on Science, Space and Technology in previous Congresses (the
sixth edition of this manual, from the 103rd Congress, is the most recent one available
in print). The manuals of both committees provide a concise explanation of the rules
and procedures involved at each stage of the House legislative process, with sample
legislative documents presented. This information is provided from each committee's
perspective. Some relevant committee rules are described in each manual's discussion
of committee action. The Government Reform and Oversight Committee Legislative
Manual reflects the House rules adopted through the first session of the 104th
Congress.
Photocopied versions of the Legislative Manual of the 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 provides a summary of the legislative process from the
drafting of legislation to final approval and presidential action, focusing on House
procedures. Sample documents from key stages of the process are presented in the
back of the publication. Although How Our Laws Are Made is intended for
nonspecialists, its summary descriptions of House procedures serve as a useful
reference source.
A new 21st edition of How Our Laws Are Made, prepared by the Office of the
House Parliamentarian, appeared during the 105 Cong
th
ress as Senate Document 105-
14, and is also available online through the Internet. This edition reflects changes to
CRS-37
House rules made at the beginning of the 105 Congress. Only the print versio
th
n
contains the sample legislative documents.
Copies of the 21st edition of How Our Laws Are Made (S.Doc. 105-14) were
distributed to House Member and Committee offices upon publication, and are
now available from the Government Printing Office.
Internet: The text of the 21st edition of How Our Laws Are Made is available
through THOMAS, the public access service of the Library of Congress, at
http://thomas.loc.gov/home/lawsmade.toc.html. Links to this website are
provided by the Office of the Clerk at http://
clerkweb.house.gov/mbrcmtee/mbrcmtee.htm, and the House Internet Law
Library WWW site at http://law.house.gov/15.htm. The CRS Guide to
Legislative and Budget Process also provides a link to this edition at
http://lcweb.loc.gov/crs/legproc/newformat/ProcessOverview/
House/HouseProcForewordNF.html.
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 types of documents:
the rules adopted by each party's caucus or conference at the beginning of a new
Congress; and manuals on floor procedure issued by party leadership organizations.
These documents are not official parliamentary reference sources.
Rules of Each Party's Caucus or Conference
The rules of each party's caucus or conference (i.e., the Democratic Caucus and
the Republican Conference) are adopted by the party's House Members. This 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. These rules, which are binding on Members of
21
each party, cover topics such as the selection and terms of party leaders, meetings of
the party caucus or conference, limitations of the number and type of committee
assignments, and the 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 105 Congress directs the Speaker not to schedule measures for consideratio
th
n
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
21 Members of each party serving as Resident Commissioner from Puerto Rico, or as Delegate
from American Samoa, the District of Columbia, Guam and the U.S. Virgin Islands, may also
become members of the Democratic Caucus or Republican Conference.
CRS-38
members reporting the bill, and exceeds $100,000,000 in authorized, appropriated,
or direct or indirect loan commitments or guarantees." The Speaker may do so only
if he is specifically authorized by a majority of the party's elected leadership.
To cite another example, Rule 39 of Democratic Caucus rules for the 105th
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 above 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.
It should be noted that the Democratic Caucus and Republican 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-39
Appendix A:
Bibliography of House Parliamentary
Reference Sources
Official Reference Sources
Cannon's Procedure in the House of Representatives. 87th Congress, 2nd Session.
House Document No. 610. Washington, U.S. Govt. Print. Off., 1963, 542 p.
Deschler's Precedents of the U.S. House of Representatives (in 14 volumes to date;
volumes 10-14 are formally titled Deschler-Brown Precedents of the U.S. House
of Representatives). 94th Congress, 2nd Session. House Document No. 94-
661. Washington, U.S. Govt. Print. Off, 1977- .
Hinds' and Cannon's Precedents of the House of Representatives (in 11 volumes).
Washington, U.S. Govt. Print. Off., 1907-1908 and 1935-1941.
House Practice: A Guide to the Rules, Precedents and Procedures of the House.
104th Congress, 2nd Session. Washington, U.S. Govt. Print. Off., 1996,
936 p.
House Rules and Manual (formally titled Constitution, Jefferson's Manual and the
Rules of the House), published each Congress as a House document (the most
recent edition is House Document 104-272, Washington, U.S. Govt. Print. Off.
1997, 1336 p.).
A Manual of Parliamentary Practice for the Use of the Senate of the United States
(more commonly known as Jefferson's Manual). Senate Document 103-8.
Washington, U.S. Govt. Print. Off, 1993, 129 p.
Procedure in the U.S. House of Representatives. 97th Congress. Washington, U.S.
Govt. Print. Off., 1982, 852 p.
Procedure in the U.S. House of Representatives, 1985 and 1987 Supplements.
Washington, U.S. Govt. Print. Off., 1986 and 1987, 121 p. and 178 p.
Rules Adopted By the Committees of the House of Representatives, an unnumbered
print usually issued in each Congress, most recently in the 105th Congress, by
the House Committee on Rules.
Rules of the House of Representatives, an unnumbered print usually issued each
session of Congress by the Clerk of the House.
CRS-40
Publications of Committees and Offices of the House
Floor Operations Manual: U.S. House of Representatives, issued by the House
Rules Committee and published by the Congressional Institute, April 1997, 42
p. A version under the title House Republican Floor Manual was issued by the
Office of the House Majority Leader in January, 1997. (An electronic version
is available through the WWW sites of the House Rules Committee and the
Congressional Institute. See Appendix B).
How Our Laws Are Made (21st edition), prepared by the Office of the House
Parliamentarian. 105th Congress, 1st session. Senate Document No. 105-14.
Washington, U.S. Govt. Print. Off., 1998. An electronic version (November 12,
1997) can be accessed through the Internet; see Appendix B).
Legislative Manual (1st Edition) of the Committee on Government Reform and
Oversight, House of Representatives. Washington, U.S. Govt. Print. Off. 1996,
101 p.
Legislative Manual (6th Edition) of the Committee on Science, Space, and
Technology, House of Representatives. Washington, U.S. Govt. Print. Off.
1995, 133 p.
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 World Wide Web home page--
[http://www.loc.gov/crs]. From the CRS home page, click on the button next to the
heading reading "Search CRS and LOC files," then click on "CRS Products" from the
pop-up menu. This takes you to the CRS Products page. Now, insert the product
number (example: 98-99) in the appropriate field and execute the search.
CRS Report 98-995 GOV. The Amending Process in the House of Representatives,
by Stanley Bach. Updated December 7, 1998. 51 p.
CRS Report 96-678 GOV. Committee of the Whole: An Introduction, by Judy
Schneider. Updated August 16, 1996. 6 p.
CRS Report 95-187 GOV. Committee System: Rules Changes in the House, 104th
Congress, by Judy Schneider. January 24, 1995. 3 p.
CRS Report 97-138 GOV. Committee System: Rules Changes in the House, 105th
Congress, by Judy Schneider. January 23, 1997. 2 p.
CRS Report RS20017. Committee System: Rules Changes in the House, 106th
Congress, by Judy Schneider. January 22, 1999. 2 p.
CRS Report 96-708 GOV. Conference Committee and Related Procedures: An
Introduction, by Stanley Bach. Updated July 29, 1996. 10 p.
CRS-41
CRS Report 96-657 GOV. Congress' Early Organization Meetings, by Judith
Schneider. Updated July 30, 1996. 3 p.
CRS Report 98-572 GOV. Decorum in House Debate, by Mary E. Mulvihill.
Updated June 19, 1998. 34 p.
CRS Report 97-856 GOV. Discharge Rule in the House: Recent Use in Historical
Context, by Richard S. Beth. Sept. 15, 1997. 18 p.
CRS Report 97-552 GOV. The Discharge Rule in the House of Representatives:
Principal Features and Uses, by Richard S. Beth. May 20, 1997. 6 p.
CRS Report 98-888 GOV. "Fast-track" or Expedited Procedures: Their Purposes,
Elements, and Implications, by Stanley Bach. Oct. 13, 1998. 12 p.
CRS Report 98-914 GOV. The First Day of a New Congress: A Guide to
Proceedings on the House Floor, by Mildred Lehmann Amer. Dec. 24, 1998.
9 p.
CRS Report 97-236 GOV. Floor Procedure in the House of Representatives: A
Brief Overview, by Stanley Bach. Feb. 13, 1997. 3 p.
CRS Report 96-623 GOV. Hearings in the House of Representatives: A Guide for
Preparation and Conduct, by Carol Hardy Vincent and Richard C. Sachs.
Updated August 26, 1997. 29 p.
CRS Report 97-270 GOV. House and Senate Rules of Procedure: A Comparison,
by Mary E. Mulvihill. Updated February 20, 1997. 17 p.
CRS Report 98-169 GOV. House Committee Reports: Required Contents, by Judy
Schneider. Updated February 25, 1998. 2 p.
CRS Report 97-301 GOV. The House's Corrections Calendar, by Walter J. Oleszek.
Updated February 28, 1997. 5 p.
CRS Report 97-357 GOV. House Rules Affecting Committees, by Stanley Bach and
Carol Hardy Vincent. Updated March 13, 1997. 29 p.
CRS Report 97-1045 GOV. House Rules and Precedents Affecting Committee
Markup Procedures, by Stanley Bach. Updated December 10, 1997. 4 p.
CRS Report 96-682 GOV. How Measures are Brought to the House Floor: A Brief
Introduction, by James V. Saturno. Updated May 30, 1997. 6 p.
CRS Report 97-85 A. Legislative Discipline of Members of the House of
Representatives, by Jack H. Maskell. Jan. 9, 1997. 6 p.
CRS Report 98-996 GOV. Legislative Procedures and the Legislative Agenda in the
House of Representatives, by Stanley Bach. Updated December 7, 1998. 34 p.
CRS-42
CRS Report VT96-1333. Legislative Procedures of the U.S. Congress;
Videoprogram, by Walter J. Oleszek. Dec. 1996. Program time: 60 minutes.
CRS Report 95-563 GOV. The Legislative Process on the House Floor: An
Introduction, by Stanley Bach. Updated July 30, 1996. 16 p.
CRS Report 97-900 GOV. Morning Hour Debates: Current House Practices, by
Mary E. Mulvihill. Sept. 30, 1997. 5 p.
CRS Report 97-647 GOV. The Motion to Recommit in the House: the Minority's
Motion, by Mary E. Mulvihill. Updated June 23, 1997. 26 p.
CRS Report 97-898 GOV. One-Minute Speeches: Current House Practices, by
Mary E. Mulvihill. Updated Sept. 26, 1997. 8 p.
CRS Report 98-460 L. Parliamentary Procedure for Advanced Legislative
Institutes: A Checklist of CRS Products, by George Walser.
Updated Jan. 6, 1999. 5 p.
CRS Report 97-704 GOV. Quorums in House Floor Proceedings: An Introduction,
by Stanley Bach. Updated August 7, 1997. 5 p.
CRS Report 98-696 GOV. Resolving Legislative Differences in Congress:
Conference Committees and Amendments Between the Houses, by Stanley Bach.
Updated July 27, 1998. 39 p.
CRS Report 97-780 GOV. The Speaker of the House, by James V. Saturno.
Aug. 12, 1997. 15 p.
CRS Report 97-652 GOV. Special Order Speeches: Current House Practices, by
Mary E. Mulvihill. Updated June 25, 1997. 8 p.
CRS Report 96-938 GOV. Special Rules in the House of Representatives, by Stanley
Bach. Updated November 12, 1996. 133 p.
CRS Report 96-339 GOV. Super-Majority Voting: Selected Implications, by
Richard S. Beth. Apr. 12, 1996. 6 p.
CRS Report 98-796 GOV. Suspension of the Rules in the House of Representatives,
by Stanley Bach. Updated September 22, 1998. 41 p.
Unfunded Mandates: House Procedure, by Richard S. Beth. March 5, 1997.
10 p. General Distribution Memorandum.
CRS Report 98-988 GOV. Voting and Quorum Procedures in the House of
Representatives, by Stanley Bach. Updated December 7, 1998. 17 p.
CRS-43
Appendix B:
House Parliamentary Reference Information
Available Through the Internet
This appendix identifies Internet locations, or websites, at which the text of
various House parliamentary reference sources is available. It also includes sites that
contain "links" that provide immediate access to the sites containing the reference
sources. The Internet locations identified are largely ones maintained within the
legislative branch itself.
To find the document cited at a specified Internet location, use the address
(formally called a "Uniform Resource Locator" or "URL") provided in italics. 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.
House Rules and Manual
At the time of publication, all sites listed offered the 105th Congress edition of
the Manual (H.Doc. 104-272), the last version published before the recodification of
House rules at the beginning of the 106th Congress.
Government Printing Office ("GPO Access")
http://www.access.gpo.gov/congress/cong014.html
Searchable version of the Manual.
http://www.access.gpo.gov/su_docs/aces/desc021.html
Provides hints for searching and search examples.
House Committee on Rules
http://www.house.gov/rules_org/R&O_Rules.htm
Internet location of the Subcommittee on Rules and Organization of the House
provides a link to the GPO Access location.
Library of Congress
http://lcweb.loc.gov/global/legislative/rules.html
Provides a link to GPO Access location.
House Internet Law Library
http://law.house.gov/15.htm
Provides a link to the GPO Access location.
CRS-44
U.S. Constitution
For the text of the Constitution with the Parliamentarian's annotations, use the
Internet locations offering the text of the House Rules and Manual.
GPO Access
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). These editions of the
Constitution are annotated by the Congressional Research Service with references to
court decisions.
U.S. House of Representatives
Constitution: http://www.house.gov/Constitution/Constitution.html
Amendments: http://www.house.gov/Constitution/Amend.html
Library of Congress THOMAS (public access system)
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
Rules of the House
For the text of House rules including the Parliamentarian's annotations, use the
Internet locations offering the text of the House Rules and Manual.
Clerk of the House
http://clerkweb.house.gov/106/docs/rules/Contents.htm
Clerk's print of House Rules.
http://clerkweb.house.gov/105/docs/rules/105%20(12-97)/
5content.htm
Clerk's print of House rules for the 105th Congress, dated October 1, 1997.
House Committee on Rules
http://www.house.gov/rules_org/R&O_rules.htm
Part of the Internet location of the Subcommittee on Rules and Organization of
the House. Offers links from specific provisions to other provisions referenced in
House rules.
http://www.house.gov/rules/rules_106.htm
Provides a link to the text of H.Res. 5, 106th Congress in the Library of
Congress THOMAS system which contains the text of the recodified House rules for
the 106th Congress, as adopted by the House, on January 6, 1999.
http://www.house.gov/rules/106_rules_pack.htm
Provides a link to explanatory material on the recodified rules, including a
summary, list of major citation changes, and side by side comparison.
CRS-45
CRS Guide to Legislative and Budget Process (Congress Only)
http://lcweb.loc.gov/crs/legproc/newformat/ChamberRules/House/-
hrulesTofCNF.html
Text of rules includes links from specific provisions to other provisions
referenced in House rules and to a glossary of parliamentary terms.
Library of Congress
http://lcweb.loc.gov/global/legislative/hrules/hrulestoc.html
Text of rules includes links from specific provisions of House rules to related
ones. [106th rules not yet available here]
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, noted
above. [106th rules not yet available here]
House Internet Law Library
http://law.house.gov/15.htm
Provides links to the House rules at the Internet location of the Clerk of the
House (Clerk's print) the Library of Congress, noted above. [106th rules not yet
available here]
House Practice
Government Printing Office ("GPO Access")
http://www.access.gpo.gov/congress/browse-hp.html
House Committee on Rules
http://www.house.gov/rules_org/R&O_rules.htm
Provides a link, identified as "A Guide to the Rules, Precedents, and Practice of
the House," to the text of House Practice at the GPO Access Internet location.
Committee Rules
House Internet Law Library
http://law.house.gov/15.htm
Provides links to rules of most House committees.
Government Printing Office ("GPO Access")
http://www.access.gpo.gov/congress/house/
index.html#house_publications
Provides links to rules of most House committees.
CRS-46
U.S. House of Representatives
http://www.house.gov/CommitteeWWW.html
Provides links to Internet locations of all House committees. Most committee
locations include a link to "committee rules;" some provide committee rules under
other listings, as follows:
Appropriations:
"Fact Sheets and General Information"
Armed Services:
"About the Committee"
Commerce:
"Publications"
Education and
Under "Publications" in "Committee
the Workforce:
Judiciary:
"Committee Documents"
Resources:
Under "Publications" in "Committee Information"
Science:
"Hot Links and Other Information"
Small Business:
"Legislation"
At the time of publication, the rules of the Joint Economic Committee could not be
located at their Internet location.
How Our Laws Are Made
Library of Congress THOMAS (public access system)
http://thomas.loc.gov/home/lawsmade.toc.html
Version dated November 1997.
Clerk of the House
http://clerkweb.house.gov/mbrcmtee/mbrcmtee.htm
Provides a link to the previous location.
House Internet Law Library
http://law.house.gov/15.htm
Provides a link to the version dated November 1997.
CRS Guide to Legislative and Budget Process
(Congress Only)
http://lcweb.loc.gov/crs/legproc/newformat/ProcessOverview/
House/HouseProcForewordNF.html
The House section of this Internet location offers a link to the version dated
November 1997.
Floor Operations Manual
Congressional Institute
http://www.conginst.org/floorops.nsf/
Version of April 1997, which differs from the January 1997 print version. Text
is searchable and includes links to House rules and other reference sources.
CRS-47
House Committee on Rules
http://www.house.gov/rules/floor_man.htm
Provide the text of the January 1997 version under the title Republican Floor
Operations Manual.
http://www.house.gov/rules_org/R&O_Reference.htm
Provides a link to the previous location.
Additional Sources
CRS Guide to Legislative and Budget Process
(Congress Only)
http://lcweb.loc.gov/crs/legproc/frames/lphguide.html
The House section of this website provides links explanatory materials on House
procedure with links to specific House rules and constitutional provisions, related
CRS products, and a glossary of legislative terms.
Legislative Information System of the U.S Congress (LIS)
(Congress Only)
http://www.congress.gov
The Legislative Information System, released at the start of the 105th Congress,
has been redesigned for the 106th Congress. Databases and links have been organized
into nine primary areas: floor activities and schedules; legislation/Congressional
Record; committees; news and publications; House and Senate links; support
agencies; other governmental links; user assistance and guides; previous Congresses.
Development of the LIS will be a multi-year project.
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 procedure
developed by the Committee itself and by several other sources.
House Internet Law Library
http://law.house.gov/15.htm
In addition to the House Rules and Manual, House rules, and How Our Laws
are Made, this location offers links to a variety of other reference materials on House
procedure.
CRS Report for Congress
Received through the CRS Web
Parliamentary Reference Sources:
House of Representatives
Updated February 23, 1999
Mary Mulvihill, Consultant
Government and Finance Division
Richard S. Beth and Judy Schneider, Specialists
Government and Finance Division
Congressional Research Service ˜ The Library of Congress
ABSTRACT
This report discusses how to access and use parliamentary reference sources providing
information about the rules, procedures, precedents, and practices of the House. The report
also reviews some important principles of House parliamentary procedure to remember when
analyzing information from these reference sources. Reference sources available through the
Internet are highlighted throughout the report.
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 how to access and use 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 important principles of House parliamentary procedure to consider
when analyzing 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 97-198,
Parliamentary Reference Sources: Senate.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Important 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Summary of Changes to House Rules . . . . . . . . . . . . . . . . . . . . . . . . . 7
Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Cannon's Procedure in the House of Representatives . . . . . . . . . . . . 29
Committee Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Memorandums of Understanding Regarding Committee Jurisdiction . . . . 33
Legislative Information System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Publications of Committees and Offices of the House . . . . . . . . . . . . . . . . . . . . 35
Floor Operations Manual: U.S. House of Representatives . . . . . . . . . . . . 35
Legislative Manuals of House Committees . . . . . . . . . . . . . . . . . . . . . . . . 36
How Our Laws Are Made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Documents Prepared by House Party and Leadership Organizations . . . . . . . . 37
Rules of Each Party's Caucus or Conference . . . . . . . . . . . . . . . . . . . . . . 37
Appendix A:
Bibliography of House Parliamentary Reference Sources . . . . . . . . . . . . . 39
Official Reference Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Publications of Committees and Offices of the House . . . . . . . . . . . . . . . . 40
Congressional Research Service (CRS) Products . . . . . . . . . . . . . . . . . . . 40
Appendix B:
House Parliamentary Reference Information Available Through
the Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
House Rules and Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
U.S. Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Rules of the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
House Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Committee Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
How Our Laws Are Made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Floor Operations Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Additional Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
The authors wishes to express their appreciation to Stanley Bach, Daphne
Bigger, Cheryl Graunke, Karen McCray, and Mary Rooker of CRS for their
assistance in preparing this report. The present update was prepared by Richard S.
Beth, Specialist in the Legislative Process, Government and Finance Division;
Jennifer Manning, Information Research Specialist, Information Research Division;
Tangela Roe, Information Resource Specialist, Office of Information Resources
Management; 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. A variety of 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., Legislative Manual of the House
Committee on Government Reform and Oversight), and offices of the House
(e.g., How Our Laws Are Made of the House Parliamentarian's Office); 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 use 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
Important Principles of House Parliamentary Procedure
When using parliamentary reference materials, the reader should evaluate the
relevance of information to the specific parliamentary situation being researched. In
carrying out this analysis, note that the following principles of House parliamentary
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;
! 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 of statutes such as the Congressional Budget
CRS-3
and Impoundment Act of 1974, and when it adopts a special rule that defines specific
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
which 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) usually will not call to the chamber's attention that a
violation of House rules is taking place. When a violating action occurs, the resulting
proceedings are considered valid unless a Member makes a point of order that this
action violates a rule of the House, a written precedent, or a source of procedure that
has the same standing as a House rule (i.e., 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. Moreover, the 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.
When a point of order
1
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 ten minutes of debate. See U.S. Library of Congress,
Congressional Research Service, Unfunded Mandates: Procedure in the House, by Richard
S. Beth, CRS general distribution memorandum (Washington: March 5, 1997).
CRS-4
The House Rarely Disregards its Precedents
The published precedents of the House discuss 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.
The majority of 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. The most important principle to
remember is that precedents 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 which 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 should consider seeking 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
which 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 which 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: the Parliamentarian's
annotations, 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;
! 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, 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, formally called "Uniform Resource Locators" (URLs), are
provided in italics (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, showing its format
and 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).
The House Rules and Manual contains the following parliamentary reference
sources:
CRS-6
! the Constitution of the United States;
! 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
Parliamentarian of the House 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 rather than page. Manual section numbers
are also listed at the top of each page. With the recodification in the 106 Congress
th
of House rules, discussed below, section numbers will presumably change, at least 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 to 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/House Document Room (6-
5200).
The full text of the latest House Rules and Manual (for the 105 Congress,
th
House Document 104-272) can be searched online through the following
Internet sites:
! GPO Access, a WWW service of the Government Printing Office, at
http://www.access.gpo.gov/congress/cong104.html;
! The "GPO Access" web site can also be reached through the WWW
pages of the House Internet Law Library (http://law.house.gov/
15.htm), the House Rules Committee (http://www.house.gov/
rules_org/R&O_rules.htm), and the Library of Congress
(http://lcweb.loc.gov/global/legislative/rules.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.
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
CRS-7
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., July 28, 1965, p.
18639). 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, 5825).
! Deschler's Precedents or Deschler-Brown Precedents: the publication's title,
volume number, chapter number, and section number (e.g., Deschler-Brown
Precedents, vol. 11, ch. 28, sec. 28.2).
! Procedure in the U.S. House of Representatives: the publication's title
("Procedure" is used), chapter number, and section number (e.g., Procedure,
ch. 21, sec. 7.5).
! 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, pg. 5272).
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 which 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.
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 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.
CRS-8
In the preface (dated October 7, 1997) to the House Rules and Manual for the
105
th Congress, the Parliamentarian first summarizes 25 rules changes that the House
adopted on the opening day of the 105 Congress, citing the House rule affected by
th
each change. Second, the preface summarizes two rules changes that the House
approved during the 104 Congress, but after publication of the
th
House Rules and
Manual for that Congress. Third, it references new "[s]tatutory provisions
constituting rules of the House," enacted in the Line Item Veto Act and the Budget
Enforcement Act of 1997, and set forth in the Manual. Finally, it summarizes 25
changes in House Rules effected by adoption of House Resolution 168 of the 105th
Congress, on September 18, 1997.
At the start of the 106 Congress, the House adopted a recodification of it
th
s
rules, which reorganized and consolidated the previous 51 written rules of the House
into 28. Prepared materials explanatory of the recodification are available, including
a side-by-side comparison of the new with the old rules. These materials will be
useful in locating provisions of House rules, in their recodified version, both pending
and after the publication of new editions of the documents containing the recodified
rules.
At the time of publication, the text of H.Res. 5, the resolution recodifying and
adopting the chamber's rules for the 106 Congress, is available in the
th
Congressional Record for January 6, 1999, pp. H7-H35. Explanatory material
on the recodification, including the side-by-side comparison of the new and old
rules, appears at pp. H39-H195.
Internet: At the time of publication, the text of H.Res. 5 for the 106th
Congress is available through the web site of the House Committee on Rules
at http://www.house.gov/rules/rules_106.htm. The explanatory material on the
recodification is available through the same web site at
http://www.house.gov/rules/106_rules_pack.htm.
CRS-9
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
Internet: The Constitution and its Amendments are available and searchable
through THOMAS, the public access WWW service of the Library of
Congress, at http://lcweb2.loc.gov/const/const.html (a link to the Amendments
appears at the top of this WWW page), and through the House WWW service
at http://www.house.gov/Constitution/Constitution.html and
http://www.house.gov/Constitution/Amend.html.
A searchable version of The Constitution Annotated, which includes
references, prepared by CRS, to decisions of the Supreme Court and others, is
available on the GPO Access website at
http://www.access.gpo.gov/congress/senate/constitution/index.html.
Constitution of the United
2
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 Cong., 2 sess. (Washington: GPO, 1997), p. 32-33.
nd
CRS-10
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
CRS-11
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
Senate Doc. 103-8.
3 House rule XXVIII, clause 1, in H.Res. 5, 106th Congress, in Congressional Record, daily
edition, vol. 145, Jan. 6, 1999, p. H34.
4 Jefferson's Manual, in House Rules and Manual for the 105th Congress (H.Doc. 104-272),
p. 232.
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 which direct readers to the
parliamentary reference source 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 105 Congres
th
s, 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 websites:
Office of the Clerk at http://clerkweb.house.gov/docs/ rules/Contents.htm has
106 rules;
th
House Committee on Rules at
http://www.house.gov/rules_org/R&O_rules.htm; CRS Guide to Legislative
and Budget Process at http://lcweb.loc.gov/crs/legproc/newformat/
ChamberRules/House/hrulesTofCNF.html; Library of Congress at
http://lcweb.loc.gov/ global/legislative/hrules/hrulestoc.html; and House
Internet Law Library at http://law.house.gov/15.htm.
5 Rules of the House of Representatives, in House Rules and Manual for the 105th Congress
(H.Doc. 104-272), p. 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 (the
so-called Gramm-Rudman-Hollings Act), and the Budget Enforcement Act of 1990,
that define specific procedures for considering budgetary legislation in the House and
in 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 the budget
resolution and reconciliation legislation, and establishes points of order which 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 appeared in the House Rules and Manual for the
105th Congress, with the Parliamentarian's annotations. This section sets fort
7
h
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, 104th Cong., 2 sess. (Washington: GPO, 1996),
nd
pp.174-176 (this publication is presented later in this report).
7 Congressional Budget Act, in House Rules and Manual for the 105th Congress (H.Doc. 104-
272), p. 918-919.
CRS-15
CRS-16
Congressional Disapproval Provisions in Public Laws. The House Rules and
Manual provides excerpts from 33 statutes that define special procedures for
Congress to follow in disapproving or approving specified actions of the executive
branch or of 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, the procedures 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 has appeared in the House
Rules and Manual for the 105 Congress.
th
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 in
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 the 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.
Excerpts from two rule-making statutes, the Congressional Budget Act and the
Free Trade Act, appeared earlier in this report.
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 also appear 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 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 105th
Congress (H.Doc. 104-272), sec. 704a.
CRS-19
! Hinds' and Cannon's Precedents of the House of Representatives of the
United States, and
! Cannon's Procedure in the House of Representatives.
When reviewing published precedents for their application to a particular
parliamentary situation, it is useful to consider the principles of House procedure
discussed earlier in this report. Members needing to find precedents to support or
rebut an argument should seek the official advice of the House Parliamentarian's
Office (5-7373).
House Practice: A Guide to the Rules, Precedents and Procedures of the
House. House Practice: A Guide to the Rules, Precedents and Procedures of the
House (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 1974-1994 tenure as House Parliamentarian. Before its
publication at the end of the 104 Congress,
th
House Practice was modified by the
Office of the House Parliamentarian to incorporate rules changes adopted, and new
precedents established, during the 104 Congress.
th
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 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 references 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 text. 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.
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, it 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 number.
Reprinted on the following pages are excerpts from the House Practice chapter
on the previous question.11
At the time of publication, a new edition of House Practice for the 106th
Congress 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). At the time of publication, copies of the previous edition were no
longer available from the Legislative Resource Center.
Internet: The present edition of House Practice is available on the GPO
Access website of the Government Printing Office at http://
www.access.gpo.gov/congress/browse-hp.html.
11 House Practice: A Guide to the Rules, Precedents and Procedures of the House, p. 653
and p. 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), presents the most important House
precedents established from 1959 through 1980. The publication's 1985 supplement
covers selected precedents established from 1981 through 1984, and the 1987
supplement discusses ones created from 1981 through 1986. 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 make references to Procedure.
Procedure consists of 37 chapters arranged around topics of House procedure.
For example, Chapter 28 is titled "Amendments and the Germaneness Rule." Each
chapter is 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).
The topic of each section is indicated in bold type. Below this topic heading,
precedents are summarized in one paragraph, assigned a section number (e.g., section
22.1), and accompanied by a Congressional Record citation where the full text of the
procedural exchange 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, 90 Cong. 1st Sess., Oct. 11, 1967"). The 1985
th
and 1987 supplements are organized in the same manner.
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.
12
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.
12 Procedure in the U.S. House of Representatives, 97th Congress, (Washington: GPO,
1982), 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. Fourteen 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 topical chapters generally parallel those of
Procedure. The volumes published so far cover through chapter 30, "Voting." A key
difference in the two publications is that Deschler's Precedents provides more detailed
information about precedents.
Each precedent in Deschler's Precedents carries a headnote in bold face type
which summarizes the principle illustrated by the precedent. The precedent is
described in a sentence or two and given a section number. For many precedents, the
full text of the procedural exchange that established the precedent is provided with a
Congressional Record page citation. In addition, some chapters in Deschler's
Precedents contain introductory sections that often describe the general principles
related to the House rule 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 no consolidated index covering all 14 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 the following page is an excerpt from Deschler's Precedents which
covers the motions to adjourn and to postpone.13
Volumes 1-11 of Deschler's Precedents are out of print, although Member
offices may obtain the complete set (volumes 1-14) 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).
13 U.S. Congress, House, Deschler's Precedents of the U.S. House of Representatives,
H.Doc. 94-661, 94th Cong., 2 sess. (Washington: GPO, 1977), vol. 7, Chapter 23, p. 84.
nd
CRS-26
CRS-27
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. 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 of 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 of 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 the full 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 indexes
(volumes 9-11), which present the headnotes of relevant precedents according to
procedural topics, or the detailed table of contents in each volume. 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 will usually provide a volume and section number (e.g.,
vol. VIII, sec. 2661).
An excerpt from Cannon's Precedents is reprinted on the following page.
14
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 House Office Building) and the La Follette Congressional Reading
Room (202 Madison Building, Library of Congress).
14 Cannon's Precedents of the House of Representatives of the United States, (Washington:
GPO, 1936), vol. VIII, p. 854.
CRS-28
CRS-29
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. It also includes a few additional precedents from
1936 to 1963, as selected by the publication's author, Clarence Cannon.
The precedents are grouped together in topical chapters that are unnumbered.
Some editions of Cannon's Procedure have thumb tabs indicating the different chapter
titles. The publication summarizes the precedents in brief fashion and provides
citations to Hinds' and Cannon's Precedents (e.g., VIII, sec. 2661) and the
Congressional Record (e.g., 84-1-13067; this means 84 Congress, 1st session, page
th
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.
15
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).
15 U.S. Congress, House, Cannon's Procedure in the House of Representatives, H.Doc. 610,
87th Cong., 2 sess. (Washington: GPO, 1963), p. 456.
nd
CRS-30
CRS-31
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." Committee
16
rules can be enforced, however, in the committee that adopts them.
The House Rules Committee issues each Congress a print 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 105 Congress.
th
17
Upon publication each Congress, 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: The rules of most House committees can be accessed through the
House WWW service at http://www.house.gov/CommitteeWWW.html, the
House Internet Law Library at http://law.house.gov/15.htm, and GPO
Access at http://www.access.gpo.gov/congress/house/
index.html#house_publications
16 Procedure in the U.S. House of Representatives, Chapter 17, sec. 11.1., p. 205.
17 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-32
CRS-33
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 where the jurisdictional mandate
of committees may be unclear or overlap. The Speaker decides on the referral of
legislation with the assistance of the House Parliamentarian. Referral decisions are
based as far as possible on the jurisdiction of standing committees set forth in Rule X
and relevant precedents. In practice, the Speaker and the Ho
18
use 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 104 Congress due to some of the rules changes
th
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. This change made it important to be designated th
19
e
"primary" committee at the time of referral. Hence, memorandums of understanding
developed in the 104 Congress and since have sometimes specified whic
th
h
committees should have "primary jurisdiction" over particular issues.
Some memorandums of understanding are printed in the Congressional Record,
especially at the start of a new Congress, while other memorandums 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 104 Congress.
th
20
18 Rule X, clause 5(b), in House Rules and Manual for the 105th Congress (H.Doc. 104-272,
sec. 700.
19 Rule X, clause 5(c), in House Rules and Manual for the 105th Congress (H.Doc. 104-272),
sec. 700.
20 Congressional Record, daily edition, vol. 141, January 30, 1995, p. H849.
CRS-34
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
authorization for the Maritime
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-35
Legislative Information System
A new electronic Legislative Information System (LIS) to serve the House and
the Senate has been under development since the 104 Congress. It was initiall
th
y
released at the start of the 105 Congress, but has been redesigned for the 106
th
th
Congress. The LIS now contains databases and links organized into nine primary
areas: floor activities and schedules; legislation/Congressional Record, committees;
news and publications; House and Senate links; support agencies, other governmental
links; user assistance and guides; previous Congresses. Further development of the
LIS will be a multi-year project.
Formerly, many of the parliamentary reference sources described in this report
were available electronically through the Member Information Network (MIN)
developed by House Information Resources (HIR) for Member and committee
offices. The new LIS was designed in part to replace and supersede these services on
the MIN, and by the beginning of the 106 Congress, those MIN services had largely
th
been retired.
Publications of Committees and Offices of the House
Some 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 Operations Manual: U.S. House of Representatives
The Floor Operations Manual: U.S. House of Representatives takes the reader
through the chamber's daily order of business from the opening prayer to
adjournment, providing references to applicable House rules and sample language on
how to undertake some parliamentary actions. It covers 44 topics of House
parliamentary procedure in a concise, user-friendly format. For each topic,
information is presented under the subheadings "what," "when," and "how." 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 the Floor Manual was issued by House Majority
Leader Richard Armey in January 1997. In April 1997, a similar document was
released by the Committee on Rules, and published by the Congressional Institute,
under the title of Republican Floor Operations Manual, These editions reflect House
rules changes adopted at the start of the 105 Congress.
th
They built upon the manual's
1994 edition (prepared by Robert Walker, a Representative of Pennsylvania from
1977 to 1997) and its original edition (drafted by Robert Bauman, a Representative
of Maryland from 1973 to 1981).
In his introduction to the new edition, Representative Armey explains that the
manual was conceived as "a self-teaching tool and reference guide to routine floor
CRS-36
actions." An introduction to the version of the Committee on Rules, by then
Chairman Gerald Solomon, describes the manual as "designed to assist all Members
in advancing their legislative goals by acquainting them with the daily routine on the
floor of the U.S. 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.
At the time of publication, the Committee was preparing a new edition.
Internet: An online version of the manual is available through the House
Rules Committee website 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 website of the
Congressional Institute at http://www.conginst.org/floorops.nsf
Legislative Manuals of House Committees
The House Committee on Government Reform and Oversight issued the first
edition of its Legislative Manual during the second session of the 104 Congress
th
.
This publication built upon the structure of the Legislative Manual prepared by the
House Committee on Science, Space and Technology in previous Congresses (the
sixth edition of this manual, from the 103rd Congress, is the most recent one available
in print). The manuals of both committees provide a concise explanation of the rules
and procedures involved at each stage of the House legislative process, with sample
legislative documents presented. This information is provided from each committee's
perspective. Some relevant committee rules are described in each manual's discussion
of committee action. The Government Reform and Oversight Committee Legislative
Manual reflects the House rules adopted through the first session of the 104th
Congress.
Photocopied versions of the Legislative Manual of the 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 provides a summary of the legislative process from the
drafting of legislation to final approval and presidential action, focusing on House
procedures. Sample documents from key stages of the process are presented in the
back of the publication. Although How Our Laws Are Made is intended for
nonspecialists, its summary descriptions of House procedures serve as a useful
reference source.
A new 21st edition of How Our Laws Are Made, prepared by the Office of the
House Parliamentarian, appeared during the 105 Cong
th
ress as Senate Document 105-
14, and is also available online through the Internet. This edition reflects changes to
CRS-37
House rules made at the beginning of the 105 Congress. Only the print versio
th
n
contains the sample legislative documents.
Copies of the 21st edition of How Our Laws Are Made (S.Doc. 105-14) were
distributed to House Member and Committee offices upon publication, and are
now available from the Government Printing Office.
Internet: The text of the 21st edition of How Our Laws Are Made is available
through THOMAS, the public access service of the Library of Congress, at
http://thomas.loc.gov/home/lawsmade.toc.html. Links to this website are
provided by the Office of the Clerk at http://
clerkweb.house.gov/mbrcmtee/mbrcmtee.htm, and the House Internet Law
Library WWW site at http://law.house.gov/15.htm. The CRS Guide to
Legislative and Budget Process also provides a link to this edition at
http://lcweb.loc.gov/crs/legproc/newformat/ProcessOverview/
House/HouseProcForewordNF.html.
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 types of documents:
the rules adopted by each party's caucus or conference at the beginning of a new
Congress; and manuals on floor procedure issued by party leadership organizations.
These documents are not official parliamentary reference sources.
Rules of Each Party's Caucus or Conference
The rules of each party's caucus or conference (i.e., the Democratic Caucus and
the Republican Conference) are adopted by the party's House Members. This 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. These rules, which are binding on Members of
21
each party, cover topics such as the selection and terms of party leaders, meetings of
the party caucus or conference, limitations of the number and type of committee
assignments, and the 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 105 Congress directs the Speaker not to schedule measures for consideratio
th
n
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
21 Members of each party serving as Resident Commissioner from Puerto Rico, or as Delegate
from American Samoa, the District of Columbia, Guam and the U.S. Virgin Islands, may also
become members of the Democratic Caucus or Republican Conference.
CRS-38
members reporting the bill, and exceeds $100,000,000 in authorized, appropriated,
or direct or indirect loan commitments or guarantees." The Speaker may do so only
if he is specifically authorized by a majority of the party's elected leadership.
To cite another example, Rule 39 of Democratic Caucus rules for the 105th
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 above 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.
It should be noted that the Democratic Caucus and Republican 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-39
Appendix A:
Bibliography of House Parliamentary
Reference Sources
Official Reference Sources
Cannon's Procedure in the House of Representatives. 87th Congress, 2nd Session.
House Document No. 610. Washington, U.S. Govt. Print. Off., 1963, 542 p.
Deschler's Precedents of the U.S. House of Representatives (in 14 volumes to date;
volumes 10-14 are formally titled Deschler-Brown Precedents of the U.S. House
of Representatives). 94th Congress, 2nd Session. House Document No. 94-
661. Washington, U.S. Govt. Print. Off, 1977- .
Hinds' and Cannon's Precedents of the House of Representatives (in 11 volumes).
Washington, U.S. Govt. Print. Off., 1907-1908 and 1935-1941.
House Practice: A Guide to the Rules, Precedents and Procedures of the House.
104th Congress, 2nd Session. Washington, U.S. Govt. Print. Off., 1996,
936 p.
House Rules and Manual (formally titled Constitution, Jefferson's Manual and the
Rules of the House), published each Congress as a House document (the most
recent edition is House Document 104-272, Washington, U.S. Govt. Print. Off.
1997, 1336 p.).
A Manual of Parliamentary Practice for the Use of the Senate of the United States
(more commonly known as Jefferson's Manual). Senate Document 103-8.
Washington, U.S. Govt. Print. Off, 1993, 129 p.
Procedure in the U.S. House of Representatives. 97th Congress. Washington, U.S.
Govt. Print. Off., 1982, 852 p.
Procedure in the U.S. House of Representatives, 1985 and 1987 Supplements.
Washington, U.S. Govt. Print. Off., 1986 and 1987, 121 p. and 178 p.
Rules Adopted By the Committees of the House of Representatives, an unnumbered
print usually issued in each Congress, most recently in the 105th Congress, by
the House Committee on Rules.
Rules of the House of Representatives, an unnumbered print usually issued each
session of Congress by the Clerk of the House.
CRS-40
Publications of Committees and Offices of the House
Floor Operations Manual: U.S. House of Representatives, issued by the House
Rules Committee and published by the Congressional Institute, April 1997, 42
p. A version under the title House Republican Floor Manual was issued by the
Office of the House Majority Leader in January, 1997. (An electronic version
is available through the WWW sites of the House Rules Committee and the
Congressional Institute. See Appendix B).
How Our Laws Are Made (21st edition), prepared by the Office of the House
Parliamentarian. 105th Congress, 1st session. Senate Document No. 105-14.
Washington, U.S. Govt. Print. Off., 1998. An electronic version (November 12,
1997) can be accessed through the Internet; see Appendix B).
Legislative Manual (1st Edition) of the Committee on Government Reform and
Oversight, House of Representatives. Washington, U.S. Govt. Print. Off. 1996,
101 p.
Legislative Manual (6th Edition) of the Committee on Science, Space, and
Technology, House of Representatives. Washington, U.S. Govt. Print. Off.
1995, 133 p.
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 World Wide Web home page--
[http://www.loc.gov/crs]. From the CRS home page, click on the button next to the
heading reading "Search CRS and LOC files," then click on "CRS Products" from the
pop-up menu. This takes you to the CRS Products page. Now, insert the product
number (example: 98-99) in the appropriate field and execute the search.
CRS Report 98-995 GOV. The Amending Process in the House of Representatives,
by Stanley Bach. Updated December 7, 1998. 51 p.
CRS Report 96-678 GOV. Committee of the Whole: An Introduction, by Judy
Schneider. Updated August 16, 1996. 6 p.
CRS Report 95-187 GOV. Committee System: Rules Changes in the House, 104th
Congress, by Judy Schneider. January 24, 1995. 3 p.
CRS Report 97-138 GOV. Committee System: Rules Changes in the House, 105th
Congress, by Judy Schneider. January 23, 1997. 2 p.
CRS Report RS20017. Committee System: Rules Changes in the House, 106th
Congress, by Judy Schneider. January 22, 1999. 2 p.
CRS Report 96-708 GOV. Conference Committee and Related Procedures: An
Introduction, by Stanley Bach. Updated July 29, 1996. 10 p.
CRS-41
CRS Report 96-657 GOV. Congress' Early Organization Meetings, by Judith
Schneider. Updated July 30, 1996. 3 p.
CRS Report 98-572 GOV. Decorum in House Debate, by Mary E. Mulvihill.
Updated June 19, 1998. 34 p.
CRS Report 97-856 GOV. Discharge Rule in the House: Recent Use in Historical
Context, by Richard S. Beth. Sept. 15, 1997. 18 p.
CRS Report 97-552 GOV. The Discharge Rule in the House of Representatives:
Principal Features and Uses, by Richard S. Beth. May 20, 1997. 6 p.
CRS Report 98-888 GOV. "Fast-track" or Expedited Procedures: Their Purposes,
Elements, and Implications, by Stanley Bach. Oct. 13, 1998. 12 p.
CRS Report 98-914 GOV. The First Day of a New Congress: A Guide to
Proceedings on the House Floor, by Mildred Lehmann Amer. Dec. 24, 1998.
9 p.
CRS Report 97-236 GOV. Floor Procedure in the House of Representatives: A
Brief Overview, by Stanley Bach. Feb. 13, 1997. 3 p.
CRS Report 96-623 GOV. Hearings in the House of Representatives: A Guide for
Preparation and Conduct, by Carol Hardy Vincent and Richard C. Sachs.
Updated August 26, 1997. 29 p.
CRS Report 97-270 GOV. House and Senate Rules of Procedure: A Comparison,
by Mary E. Mulvihill. Updated February 20, 1997. 17 p.
CRS Report 98-169 GOV. House Committee Reports: Required Contents, by Judy
Schneider. Updated February 25, 1998. 2 p.
CRS Report 97-301 GOV. The House's Corrections Calendar, by Walter J. Oleszek.
Updated February 28, 1997. 5 p.
CRS Report 97-357 GOV. House Rules Affecting Committees, by Stanley Bach and
Carol Hardy Vincent. Updated March 13, 1997. 29 p.
CRS Report 97-1045 GOV. House Rules and Precedents Affecting Committee
Markup Procedures, by Stanley Bach. Updated December 10, 1997. 4 p.
CRS Report 96-682 GOV. How Measures are Brought to the House Floor: A Brief
Introduction, by James V. Saturno. Updated May 30, 1997. 6 p.
CRS Report 97-85 A. Legislative Discipline of Members of the House of
Representatives, by Jack H. Maskell. Jan. 9, 1997. 6 p.
CRS Report 98-996 GOV. Legislative Procedures and the Legislative Agenda in the
House of Representatives, by Stanley Bach. Updated December 7, 1998. 34 p.
CRS-42
CRS Report VT96-1333. Legislative Procedures of the U.S. Congress;
Videoprogram, by Walter J. Oleszek. Dec. 1996. Program time: 60 minutes.
CRS Report 95-563 GOV. The Legislative Process on the House Floor: An
Introduction, by Stanley Bach. Updated July 30, 1996. 16 p.
CRS Report 97-900 GOV. Morning Hour Debates: Current House Practices, by
Mary E. Mulvihill. Sept. 30, 1997. 5 p.
CRS Report 97-647 GOV. The Motion to Recommit in the House: the Minority's
Motion, by Mary E. Mulvihill. Updated June 23, 1997. 26 p.
CRS Report 97-898 GOV. One-Minute Speeches: Current House Practices, by
Mary E. Mulvihill. Updated Sept. 26, 1997. 8 p.
CRS Report 98-460 L. Parliamentary Procedure for Advanced Legislative
Institutes: A Checklist of CRS Products, by George Walser.
Updated Jan. 6, 1999. 5 p.
CRS Report 97-704 GOV. Quorums in House Floor Proceedings: An Introduction,
by Stanley Bach. Updated August 7, 1997. 5 p.
CRS Report 98-696 GOV. Resolving Legislative Differences in Congress:
Conference Committees and Amendments Between the Houses, by Stanley Bach.
Updated July 27, 1998. 39 p.
CRS Report 97-780 GOV. The Speaker of the House, by James V. Saturno.
Aug. 12, 1997. 15 p.
CRS Report 97-652 GOV. Special Order Speeches: Current House Practices, by
Mary E. Mulvihill. Updated June 25, 1997. 8 p.
CRS Report 96-938 GOV. Special Rules in the House of Representatives, by Stanley
Bach. Updated November 12, 1996. 133 p.
CRS Report 96-339 GOV. Super-Majority Voting: Selected Implications, by
Richard S. Beth. Apr. 12, 1996. 6 p.
CRS Report 98-796 GOV. Suspension of the Rules in the House of Representatives,
by Stanley Bach. Updated September 22, 1998. 41 p.
Unfunded Mandates: House Procedure, by Richard S. Beth. March 5, 1997.
10 p. General Distribution Memorandum.
CRS Report 98-988 GOV. Voting and Quorum Procedures in the House of
Representatives, by Stanley Bach. Updated December 7, 1998. 17 p.
CRS-43
Appendix B:
House Parliamentary Reference Information
Available Through the Internet
This appendix identifies Internet locations, or websites, at which the text of
various House parliamentary reference sources is available. It also includes sites that
contain "links" that provide immediate access to the sites containing the reference
sources. The Internet locations identified are largely ones maintained within the
legislative branch itself.
To find the document cited at a specified Internet location, use the address
(formally called a "Uniform Resource Locator" or "URL") provided in italics. 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.
House Rules and Manual
At the time of publication, all sites listed offered the 105th Congress edition of
the Manual (H.Doc. 104-272), the last version published before the recodification of
House rules at the beginning of the 106th Congress.
Government Printing Office ("GPO Access")
http://www.access.gpo.gov/congress/cong014.html
Searchable version of the Manual.
http://www.access.gpo.gov/su_docs/aces/desc021.html
Provides hints for searching and search examples.
House Committee on Rules
http://www.house.gov/rules_org/R&O_Rules.htm
Internet location of the Subcommittee on Rules and Organization of the House
provides a link to the GPO Access location.
Library of Congress
http://lcweb.loc.gov/global/legislative/rules.html
Provides a link to GPO Access location.
House Internet Law Library
http://law.house.gov/15.htm
Provides a link to the GPO Access location.
CRS-44
U.S. Constitution
For the text of the Constitution with the Parliamentarian's annotations, use the
Internet locations offering the text of the House Rules and Manual.
GPO Access
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). These editions of the
Constitution are annotated by the Congressional Research Service with references to
court decisions.
U.S. House of Representatives
Constitution: http://www.house.gov/Constitution/Constitution.html
Amendments: http://www.house.gov/Constitution/Amend.html
Library of Congress THOMAS (public access system)
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
Rules of the House
For the text of House rules including the Parliamentarian's annotations, use the
Internet locations offering the text of the House Rules and Manual.
Clerk of the House
http://clerkweb.house.gov/106/docs/rules/Contents.htm
Clerk's print of House Rules.
http://clerkweb.house.gov/105/docs/rules/105%20(12-97)/
5content.htm
Clerk's print of House rules for the 105th Congress, dated October 1, 1997.
House Committee on Rules
http://www.house.gov/rules_org/R&O_rules.htm
Part of the Internet location of the Subcommittee on Rules and Organization of
the House. Offers links from specific provisions to other provisions referenced in
House rules.
http://www.house.gov/rules/rules_106.htm
Provides a link to the text of H.Res. 5, 106th Congress in the Library of
Congress THOMAS system which contains the text of the recodified House rules for
the 106th Congress, as adopted by the House, on January 6, 1999.
http://www.house.gov/rules/106_rules_pack.htm
Provides a link to explanatory material on the recodified rules, including a
summary, list of major citation changes, and side by side comparison.
CRS-45
CRS Guide to Legislative and Budget Process (Congress Only)
http://lcweb.loc.gov/crs/legproc/newformat/ChamberRules/House/-
hrulesTofCNF.html
Text of rules includes links from specific provisions to other provisions
referenced in House rules and to a glossary of parliamentary terms.
Library of Congress
http://lcweb.loc.gov/global/legislative/hrules/hrulestoc.html
Text of rules includes links from specific provisions of House rules to related
ones. [106th rules not yet available here]
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, noted
above. [106th rules not yet available here]
House Internet Law Library
http://law.house.gov/15.htm
Provides links to the House rules at the Internet location of the Clerk of the
House (Clerk's print) the Library of Congress, noted above. [106th rules not yet
available here]
House Practice
Government Printing Office ("GPO Access")
http://www.access.gpo.gov/congress/browse-hp.html
House Committee on Rules
http://www.house.gov/rules_org/R&O_rules.htm
Provides a link, identified as "A Guide to the Rules, Precedents, and Practice of
the House," to the text of House Practice at the GPO Access Internet location.
Committee Rules
House Internet Law Library
http://law.house.gov/15.htm
Provides links to rules of most House committees.
Government Printing Office ("GPO Access")
http://www.access.gpo.gov/congress/house/
index.html#house_publications
Provides links to rules of most House committees.
CRS-46
U.S. House of Representatives
http://www.house.gov/CommitteeWWW.html
Provides links to Internet locations of all House committees. Most committee
locations include a link to "committee rules;" some provide committee rules under
other listings, as follows:
Appropriations:
"Fact Sheets and General Information"
Armed Services:
"About the Committee"
Commerce:
"Publications"
Education and
Under "Publications" in "Committee
the Workforce:
Judiciary:
"Committee Documents"
Resources:
Under "Publications" in "Committee Information"
Science:
"Hot Links and Other Information"
Small Business:
"Legislation"
At the time of publication, the rules of the Joint Economic Committee could not be
located at their Internet location.
How Our Laws Are Made
Library of Congress THOMAS (public access system)
http://thomas.loc.gov/home/lawsmade.toc.html
Version dated November 1997.
Clerk of the House
http://clerkweb.house.gov/mbrcmtee/mbrcmtee.htm
Provides a link to the previous location.
House Internet Law Library
http://law.house.gov/15.htm
Provides a link to the version dated November 1997.
CRS Guide to Legislative and Budget Process
(Congress Only)
http://lcweb.loc.gov/crs/legproc/newformat/ProcessOverview/
House/HouseProcForewordNF.html
The House section of this Internet location offers a link to the version dated
November 1997.
Floor Operations Manual
Congressional Institute
http://www.conginst.org/floorops.nsf/
Version of April 1997, which differs from the January 1997 print version. Text
is searchable and includes links to House rules and other reference sources.
CRS-47
House Committee on Rules
http://www.house.gov/rules/floor_man.htm
Provide the text of the January 1997 version under the title Republican Floor
Operations Manual.
http://www.house.gov/rules_org/R&O_Reference.htm
Provides a link to the previous location.
Additional Sources
CRS Guide to Legislative and Budget Process
(Congress Only)
http://lcweb.loc.gov/crs/legproc/frames/lphguide.html
The House section of this website provides links explanatory materials on House
procedure with links to specific House rules and constitutional provisions, related
CRS products, and a glossary of legislative terms.
Legislative Information System of the U.S Congress (LIS)
(Congress Only)
http://www.congress.gov
The Legislative Information System, released at the start of the 105th Congress,
has been redesigned for the 106th Congress. Databases and links have been organized
into nine primary areas: floor activities and schedules; legislation/Congressional
Record; committees; news and publications; House and Senate links; support
agencies; other governmental links; user assistance and guides; previous Congresses.
Development of the LIS will be a multi-year project.
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 procedure
developed by the Committee itself and by several other sources.
House Internet Law Library
http://law.house.gov/15.htm
In addition to the House Rules and Manual, House rules, and How Our Laws
are Made, this location offers links to a variety of other reference materials on House
procedure.