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, rulemaking statutes, committee rules, "memorandums of understanding" regarding committee jurisdiction, the rules of each party's caucus or conference, and informal practices. Parliamentary reference sources provide information about how and when these foundations of House procedures govern different parliamentary situations. This report discusses 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 . . . . . . . . . . . . . . . . . . . House Procedures are Determined by Multiple Sources . . . . . . . . . . . . . . . Constitutional Rule-Making Authority of the House . . . . . . . . . . . . . . . . . . House Rules Are Generally Not Self-Enforcing . . . . . . . . . . . . . . . . . . . . . The House Rarely Disregards its Precedents . . . . . . . . . . . . . . . . . . . . . . . The House Adheres to Many Informal Practices . . . . . . . . . . . . . . . . . . . . . 2 2 2 3 4 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 . . . . . . . . . . . . . . . . . . . . Floor Operations Manual: U.S. House of Representatives . . . . . . . . . . . . Legislative Manuals of House Committees . . . . . . . . . . . . . . . . . . . . . . . . How Our Laws Are Made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 35 36 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 . . . . . . . . . . . . . Official Reference Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publications of Committees and Offices of the House . . . . . . . . . . . . . . . . Congressional Research Service (CRS) Products . . . . . . . . . . . . . . . . . . . 39 39 40 40 Appendix B: House Parliamentary Reference Information Available Through the Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House Rules and Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.S. Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules of the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How Our Laws Are Made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floor Operations Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 43 44 44 45 45 46 46 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, rulemaking 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. 1 When a point of order is raised, there are a few situations when the chair does not make a ruling. For example, the chair does not rule on the points of order established by the Unfunded Mandates Reform Act of 1995 (P.L. 104-4). When a Member raises a point of order against considering a measure containing unfunded mandates, the House votes on whether to consider the measure after 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 106th Congress 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 (65200). The full text of the latest House Rules and Manual (for the 105th Congress, 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 105th Congress, the Parliamentarian first summarizes 25 rules changes that the House adopted on the opening day of the 105th Congress, citing the House rule affected by each change. Second, the preface summarizes two rules changes that the House approved during the 104th Congress, but after publication of the 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 106th Congress, the House adopted a recodification of its 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 106th Congress, is available in the 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. 2 Constitution of the United States, in U.S. Congress, House, House Rules and Manual for the 105th Congress (formally titled Constitution, Jefferson's Manual and the Rules of the House), H.Doc. 104-272, 104th Cong., 2nd sess. (Washington: GPO, 1997), p. 32-33. 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 105th Congress, showing some of these annotations, appears on the following page.5 Rules of the House of Representatives, the unnumbered print issued by the Clerk of the House, is automatically distributed to Member and committee offices. Internet: The rules of the House are available through the following websites: Office of the Clerk at http://clerkweb.house.gov/docs/ rules/Contents.htm has 106th rules; 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.7 This section sets forth procedures for House floor consideration of the budget resolution. 6 These rule-making statutes and relevant House precedents are discussed in the "Budget Process" chapter of U.S. Congress, House, House Practice: A Guide to the Rules, Precedents and Procedures of the House, 104th Cong., 2nd sess. (Washington: GPO, 1996), 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. 104272), 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 105th Congress.8 8 Congressional Disapproval Provisions Contained in Public Laws, in House Rules and Manual for the 105th Congress (H.Doc. 104-272), p. 1070. CRS-17 CRS-18 Rule-Making Statutes As discussed earlier, the term "rule-making statute" describes public laws that have provisions specifying legislative procedures to be followed in the House and 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 104th Congress, House Practice was modified by the Office of the House Parliamentarian to incorporate rules changes adopted, and new precedents established, during the 104th Congress. House Practice was designed to replace Procedure in the U.S. House of Representatives (described in the next section). House Practice is organized into chapters that cover 57 subjects of House procedure. These chapters 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, 90th Cong. 1st Sess., Oct. 11, 1967"). The 1985 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., 2nd sess. (Washington: GPO, 1977), vol. 7, Chapter 23, p. 84. 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 11volume 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 11volume 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 84th Congress, 1st session, page 13067). Citations such as "§ 764" refer to the version of the House Rules and Manual being used when Cannon's Procedure was published. Cannon's Procedure also contains sample floor dialogues for undertaking specific parliamentary actions. While some of these dialogues are useful, many are no longer relevant to contemporary House practice. Use of these dialogues, and Cannon's Procedure as a whole, requires informed judgment. An excerpt from Cannon's Procedure covering suspension of the rules is reprinted on the following page.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., 2nd sess. (Washington: GPO, 1963), p. 456. 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."16 Committee 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 105th Congress.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 17 Procedure in the U.S. House of Representatives, Chapter 17, sec. 11.1., p. 205. U.S. Congress, House, Committee on Rules, Rules Adopted by the Committees of the House of Representatives, 105th Congress, 1997-1998, committee print, 105th Cong., 1st sess. (Washington: GPO, 1997), p. 220. CRS-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.18 In practice, the Speaker and the House Parliamentarian will honor memorandums of understanding in deciding the referral of legislation. These memorandums of understanding are therefore an important parliamentary reference source for questions about jurisdiction over specific policy issues. It could be argued that memorandums of understanding increased in importance in the 104th Congress due to some of the rules changes adopted by the House. For example, three standing committees were abolished, and their jurisdiction was transferred to other standing committees. As a result, some committees developed memorandums of understanding about jurisdiction over issues that were previously handled by abolished committees (the memorandum on the following page is an example). Another rules change eliminated joint referrals, and provided that the Speaker designate "a committee of primary jurisdiction" when referring measures to more than one committee.19 This change made it important to be designated the "primary" committee at the time of referral. Hence, memorandums of understanding developed in the 104th Congress and since have sometimes specified which committees should have "primary jurisdiction" over particular issues. Some memorandums of understanding are 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 104th Congress.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 MEMORANDUM OF UNDERSTANDING The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Pennsylvania [Mr. SHUSTER] is recognized for 5 minutes. Mr. SHUSTER. Mr. Speaker, I submit for Members attention the following letter from myself and the chairman of the Committee on National Security, Mr. SPENCE, regarding jurisdiction. CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Washington, DC, January 4, 1995 Hon. NEWT GINGRICH, Speaker, House of Representatives, Washington, DC. DEAR MR. SPEAKER: As Chairman of the Committee on Transportation and Infrastructure and the Committee on National Security, we wanted to advise you of our mutual agreement concerning the division of jurisdiction over the merchant marine due to the dissolution of the Committee on Merchant Marine and Fisheries. Rule X, clause 1(k) of the Rules of the House for the 104th Congress provides jurisdiction to the Committee on National Security over: "(7) National security aspects of merchant marine, including financial assistance for the construction and operation of vessels, the maintenance of the U.S. shipbuilding and ship repair industrial base, cabotage, cargo preference, and merchant marine officers and seamen as these matters relate to the national security." The new Rule X, clause 1(q) provides the Committee on Transportation and Infrastructure with jurisdiction over: "(12) Measures relating to merchant marine, except for national security aspects of merchant marine." This split in jurisdiction in what was previously entirely within the Committee on Merchant Marine and Fisheries is based on the fact that, while various aspects of the merchant marine and related activities are transportation matters that are handled in the executive branch by the Department of Transportation, certain aspects are so closely tied to national security that primary jurisdiction should be within the Committee on National Security. For example, the maintenance and control of the National Defense Reserve Fleet and the Ready Reserve Fleet would be within the jurisdiction of the Committee on National Security. However, it may not be clear in all cases to which of the two Committees a particular bill should be referred. In general, matters relating to merchant marine activities will be referred to the National Security Committee if the national security aspects of the matter predominate over transportation and other merchant marine aspects. While present programs of the Maritime Administration have both national security and transportation implications, we agree that primary jurisdiction over the annual authorization for the Maritime Administration would be in the Committee on National Security. Primary jurisdiction over the annual authorization for the Federal Maritime Commission would be in the Committee on Transportation and Infrastructure. Shipbuilding is a subject that has a particularly strong connection with national security because of the implications for our defense industrial base. We agree that the National Shipbuilding Initiative, including the loan guarantee program under Title XI, would be within the primary jurisdiction of the Committee on National Security. In addition, the Congress likely will be requested to approve legislation to implement an international agreement to eliminate shipbuilding subsidies worldwide. While this is generally a laudable goal, the contents of this agreement must be examined in the context of its long-term effect on the shipbuilding industrial base. Of particular concern is the question of whether U.S.-based shipyards are disadvantaged by this agreement to the point that a transition from naval construction to commercial construction is impossible. We agree that, as between the Committees on National Security and Transportation and Infrastructure, primary jurisdiction over implementing legislation for this agreement should reside with the Committee on National Security. Jurisdiction over the State and Federal Maritime Training Academies is granted in the rule specifically to the Committee on National Security. With respect to the provision in Rule X, clause 1(k)(9) concerning merchant marine officers and seamen, it is understood that measures whose predominant purpose is the maintenance of a well trained merchant mariner manpower pool capable of meeting sustainment and surge sealift requirements will be within the jurisdiction of the Committee on National Security. Shortages of qualified U.S. mariners to serve during the mobilization for Desert Storm highlighted the need to consider these problems from a national security standpoint. Jurisdiction over the Coast Guard is provided to the Committee on Transportation and Infrastructure by Rule X, clause 1(q)(1). This confers upon the Transportation and Infrastructure Committee authority over all matters handled by the January 30, 1995 Coast Guard that were previously within the jurisdiction of the Merchant Marine and Fisheries Committee. This letter may not address all merchant marine issues that will come before you. We will continue to work with you toward resolution of other issues as they arise. Finally, it is understood that this agreement does not in any way alter or limit the jurisdiction of the Committee on Transportation and Infrastructure or of the Committee on National Security over matters discussed herein which were properly within the respective Committees' jurisdiction prior to the dissolution of the Committee on Merchant Marine and Fisheries. Sincerely, FLOYD D. SPENCE, Chairman, Committee on National Security. BUD SHUSTER, Chairman, Committee on Transportation and Infrastructure. CRS-35 Legislative Information System A new electronic Legislative Information System (LIS) to serve the House and the Senate has been under development since the 104th Congress. It was initially released at the start of the 105th Congress, but has been redesigned for the 106th 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 106th Congress, those MIN services had largely 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 105th Congress. 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 104th Congress. 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 105th Congress as Senate Document 10514, and is also available online through the Internet. This edition reflects changes to CRS-37 House rules made at the beginning of the 105th Congress. Only the print version 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.21 These rules, which are binding on Members of 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 105th Congress directs the Speaker not to schedule measures for consideration under suspension of the rules if the measure "fails to include a cost estimate, has not been cleared by the minority, was opposed by more than one-third of the committee 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. 94661. 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: Armed Services: Commerce: Education and the Workforce: Judiciary: Resources: Science: Small Business: "Fact Sheets and General Information" "About the Committee" "Publications" Under "Publications" in "Committee "Committee Documents" Under "Publications" in "Committee Information" "Hot Links and Other Information" "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.