MANUAL ON LEGISLATIVE PROCEDURE IN THE UNITED STATES HOUSE OF REPRESENTATIVES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00148R000501000009-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 347
• Document Creation Date: December 20, 2016
• Document Release Date: January 28, 2008
• Sequence Number: 9
• Publication Date: January 1, 1982
• Content Type: OPEN SOURCE

"I I
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2 /
MANUAL ON LEGISLATIVE PROCEDURE
IN THE
UNITED STATES HOUSE OF REPRESENTATIVES
FIFTH EDITION
97ii CONGRESS - SECOND SESSION
JANUARY, 1982
Prepared Under the Auspices of
the
Republican Leader
United States House of Representatives
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
TABLE OF CONTENTS
INTRODUCTION PAGE
A. Why Be Concerned? . . . . . . . . . . . . . . . 1
B. Purpose and Scope of Manual . . . . . . . . . . . 2
C. Since Last Time . . . . . . . . . . . . . . . . . 3
Rules Changes in 95th, 96th and 97th Congresses 5
1. 95th Congress . . . . . . . . . . . . . . . 5
2. 96th Congress . . . . . . . . . . . . . . . 7
3. 97th Congress . . . . . . . . . . . . . . . 11
PART I. BIBLIOGRAPHY - REFERENCE SOURCES AND HOW TO USE THEM
A. Introduction . . . . . . . . . . . . . . . . . . . 26
B. U.S. Constitution (Emphasis on Article I) . . . . 28
C. House Rules and Manual . . . . . . . . . . . . . . 30
D. Jefferson's Manual . . . . . . . . . . . . . . . 31
E. Related Statutes (Legislative Reorganization Acts) 33
F. Cannon's Procedure . . . . . . . . . . . . . . . . 34
G. Deschler's Procedure . . . . . . . . . . . . . . . 34
H. Hinds' and Cannon's Precedents. . . . . . . . . . 35
I. History of House of Representatives . . . . . . . 36
J. The Congressional Handbook. . . . . . . . . . . . 36
K. The House Republican Conference Directory . . . . 37
L. List of Additional References . . . . . . . . . . 37
PART II. HOUSE OF REPRESENTATIVES -
STRUCTURE, ORGANIZATION, AND TRADITIONS
A. General Parliamentary Demeanor and Practices.- . . 40
Recognition and Speaking for the Record . . . . 41
Correction of Remarks for the Congressional
Record . . . . . . . . . . . . . . . . . . . . 42
The "Bullet" (0 ) . . . . . . . . . . . . . . . 44
Two-Page Rule - Cost Estimate from Public
Printer . . . . . . . . . . . . . . . . . . . 45
Special Orders, Extensions of Remarks . . . . . 46
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
PAGE
Unanimous Consent . . . . . . . . . . . . . . . . 47
Forms of Address . . . . . . . . . . . . . . . . 48
Points of Order . . . . . . . . . . . . . . . . 48
The "Other Body" . . . . . . . . . . . . . . . . . 50
The Gallery . . . . . . . . . . . . . . . . . . . 51
B. Calendars of the House . . . . . . . . . . . . . . . 51
C. House Organizations . . . . . . . . . . . . . . . . 55
D. House Traditions . . . . . . . . . . . . . . . . . 56
E. T. V .-The U.S. House of Representatives "on The Air". 58
Background . . . . . . . . . . . . . . . . . . . . 58
T.V. in the Rules . . . . . . . . . . . . . . . . 60
The Impact of T.V. on the House . . . . . . . . . 61
Concerns for the Future . . . . . . . . . . . . . 62
F. Limitation on Debate: Related Rules Changes . . . . 65
G. Questions of Privilege . . . . . . . . . . . . . . . 70
H. Sunshine Rule . . . . . . . . . . . . . . . . . . . 73
Conference Committee Meetings . . . . . . . . . . 75
I. A Special Feature -- The Number of People Who
Have Served in Our Congress . . . . . . . . . . . 76
PART III. RULES OF THE HOUSE
A. Adoption of the Rules . . . . . . . . . . . . . . . 81
B. Philosophy of the Rules . . . . . . . . . . . . . . 82
What the Rules Are . . . . . . . . . . . . . . . 83
What the Rules Are Not . . . . . . . . . . . . . 83
C. Subgroups . . . . . . . . . . . . . . . . . . . . . 84
D. Index of Rules of the House . . . . . . . . . . . . 85
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
PART IV. KEY PROCEDURES
A. In Your Committee . . . . . . . . . . . . . . 87
1. General . . . . . . . . . . . . . . . . 87
2. Committee Funding Resolution. . . . . . 87
3. Types of Legislation . . . . . . . . . 89
4.. Drafting Bills and Amendments . . . . . 90
5. Need for Quorum in Committee. . . . . . 92
B. Committee Reports . . . . . . . . . . . . . . 94
1. Report Forms . . . . . . . . . . . . . . 95
2. Report Contents . . . . . . . . . . . . 96
3. Legislation Establishing an Advisory
Committee . . . . . . . . . . . . . . . 101
4. Legislative History Considerations. . . 102
5. Miscellaneous Requirements and
Considerations . . . . . . . . . . . . 103
C. Obtaining Floor Consideration
(Including Rules Committee) . . . . . . . . . 104
1. Considering Legislation Under a "Rule". 104
Brief History of the House Rules
Committee . . . . . . . . . . . . . . . 106
Steps in Moving a Bill through Rules
Committee . . . . . . . . . . . . . . . 113
Consideration of the "Rule" on the
floor . . . . . . . . . . . . . . . . . 116
2. Suspension of the Rules . . . . . . . . 118
D. Preparation for Legislative Action
(Materials, Motions and Debate) . . . . . . . 123
1. Review of Committee Action. . . . . . . 123
2. Confer with Members . . . . . . . . . . 123
3. Preparation of Materials for General
Debate, Amendments and Motions. . . . . 124
A. General Debate . . . . . . . . . . 124
B. Amendments . . . . . . . . . . . . 125
C. Motions and Unanimous Consent
Requests . . . . . . . . . . . . . 127
4. Amending the Title of a Bill. . . . . . 138
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
7. The Cloakroom . . . . . . . . . . . . 139
8. Summary of House Proceedings . . . . . 139
9. House Floor Privilege for Member's
Personal Staff . . . . . . . . . . . . . 140
10. Committee Staff . . . . . . . . . . . . 141
11. Legislative Counsel . . . . . . . . . . 141
12. Member's Voting Record. . . . . . . . . 141
13. Senate Floor Information . . . . . . . 142
14. Bill or Resolution Introduction
Procedure . . . . . . . . . . . . . . . 143
15. Cosponsorship . . . . . . . . . . . . . 143
16. Forms . . . . . . . . . . . . . . . . . 143
F. Amendments . . . . . . . . . . . . . . . . . 149
General Information . . . . . . . . . . . . 149
Four Forms of Amendment . . . . . . . . . . 153
Kinds of Substitutes. . . . . . . . . . . 156
Example of Amendment Process in Operation . 161
G. Rule of Germaneness . . . .. . . . . . . . . . 173
Germaneness Tests (Nonsubstantive). . . . . 175
Germaneness Tests (Substantive) . . . . . . 179
Making a Point of Order . . . . . . . . . . 189
H. Appropriations: Authorization Required;
Legislation Prohibited (Holman Rule) . . . . . 192
I. Appropriations: Forbidden in Legislative
Bills (Manhole Rule) . . . . . . . . . . . . . 197
J. Motion to Strike the Enacting Clause . . . . . 200
K. The Previous Question . . . . . . . . . . . . 205
L. Motion to Recommit . . . . . . . . . . . . . . 208
M. Voting in the House and in the Committee of
the Whole, Quorum Calls, Bells and Floor
Information . . . . . . . . . . . . . . . 215
Voting Procedures . . . . . . . . . . . . . . 215
How to Obtain a Recorded Vote. . . . . . . . 217
Passage Sequence . . . . . . . . . . . . . . 221
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Voting Strategy Considerations . . . . . . 225
Quorum Calls . . . . . . . . . . . . . . . 227
Bells . . . . . . . . . . . . . . . . . . 232
N. Congressional Budget Process . . . . . . . . 234
Why a Congressional Budget Process . . . . 234
The Budget Process Timetable . . . . . . . 237
Just What is a Budget Resolution . . . . . 244
Guide to Budget Resolutions. . . . . . . . 249
Important Rules Changes. . . . . . . . . . 249
The Reconciliation Process . . . . . . . . 251
The House Budget Committee . . . . . . . . 256
Impoundment Control. . . . . . . . . . . . 257
The Congressional Budget Office (CBO). . . 258
You REALLY Want to Know More? . . . . 259
Appendix -- Reconciliation . . . . . . . . 260
0. When the Houses Differ . . . . . . . . . . . 265
1. Introduction . . . . . . . . . . . . . 265
2. Options Available . . . . . . . . . . 266
3. The Stage of Formal Disagreement . . . 270
4. Conference or Concurrence: Considera-
tions of Germaneness and Scope . . . . 275
5. On Going to Conference Twice . . . . . 278
6. Procedure After a Conference is
Requested . . . . . . . . . . . . . . 280
7. Procedure in Conference. . . . . . . . 284
8. Conference Report. . . . . . . . . . . 287
9. When Conferees Disagree. . . . . . . . 289
10. Acting on A Conference Report. . . . . 291
11. Points of Order. . . . . . . . . . . . 294
12. Nongermane Senate Provisions . . . . . 298
13. Final Action . . . . . . . . . . . . . 303
P. Vetoes, Pocket Vetoes, and Mini-Pocket Vetces 306
Q. Motions and Forms . . . . . . . . . . . . . . 311
xii
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
INTRODUCTION
A. WHY BE CONCERNED?
Your responsibility to be an effective committee staff member
is twofold. First, it is important to know your job and the sub-
ject matter of legislation before your committee. Second, and of
equal importance, is your responsibility to understand and be conver-
sant with the Rules, procedures, and precedents of the House.
Why be concerned about such things? Thomas Jefferson partly an-
swered this question in addressing the importance of adhering to rules
and cited the maxim that the rules of proceeding as instituted by the
House of Commons operated as a check and control on the actions of
the majority, and stated that they were, in many instances, a shelter
and protection to the minority, against the attempts of power. In
his manual Jefferson said:
"So far the maxim is certainly true, and is founded
in good sense, that as it is always in the power of
the majority, by their numbers, to stop any improper
measures proposed on the part of their opponents, the
only weapon by which the minority can defend themselves
against similar attempts from those in power are the
forms and rules of proceeding which have been adopted as
they were found necessary, from tine to tine, and are
becane the law of the House, by a strict adherence to
which the weaker party can only be protected from those
irregularities and abuses which these forms were intend-
ed to check and which the wantonness of power is but
too often apt to suggest to large and successful majori-
ties." (emphasis added) Jefferson's Manual, Section 283.
In addition, a working knowledge of the Rules, procedure and pre-
cedents of the House is necessary in order to effectuate the will of
the majority. . . .because the House never precludes a determined
majority from working its will.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
The Rules, procedure-s, and precedents of the House thus
provide the uniformity, economy of time, and order for the House
to accomplish its business and carry out the purposes of a legis-
lative body.
B. PURPOSE AND SCOPE OF MANUAL
The purpose of this manual is to acquaint you, in a summary
form, with the Rules, procedures, and precedents of the House, and
in this way assist you in carrying out your responsibilities as an
effective committee staff member.
The scope of this manual is simply a legislative skeleton. . . an
outline of the various procedural problems you are likely to encounter.
It will remain for you to add to it the rules and practices followed
in your committee and other materials to make it a more complete re-
ference source.
As time goes by, you will learn (sometimes the hard way) how the
House carries forward its work. As you learn, the manual will grow
with your notes, your references, and your experiences. We hope
you will use it as the tool it is meant to be.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
C. Since Last Time
There have been a number of changes and interesting pro-
cedural developments in the Congress since the 4th Edition of
the Manual was published five years ago. Briefly, here are some
of them:
1.. the advent of television in the House Chamber;
2. the continued growth and autonomy of subcommittees;
3. the great expansion of the number of caucuses and
similar quasi-congressional groups;
4. the development of the Office of Technology Assess-
ment and the Congressional Budget Office;
5. the change in the role of the Budget Committee
(particularly through the 1981 reconciliation);
6. new standards for ethical behavior;
7. disclosure and limits on outside income;
8. the further implementation of the "sunshine" rule;
9. the War Powers Act and "Congressional Veto" statutes;
10. the establishment of a more formal process to handle
subpenas and litigative matters affecting the House;
11. new House rules on office accounts, franking, litigation
and ethics;
12. the creation of a Permanent Select Committee on Intelli-
gence; and
13. automatic passage of debt ceiling increases through
the budget process.
In addition, unusual (though not unprecedented) procedural
cases arose:
A secret session on the Panama Canal Bill occurred on
June 20, 1979, page H4790 in the Record. House Rule
XXIX was invoked by a vote of the House. Open debate
took place on the floor May 17, 21, June 20, and 22, 1979.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
The files are in the Archives. The secret session was
published in the Congressional Record on July 17, 1979,
with deletions.
On September 17, 1980, the House considered and
passed H. Res. 722, a resolution to provide for a
response to subpenas by Members, House officers and
employees. The debate is in the Record of September
17, 1980, pages H8943 - H8958. The resolution passed
.in the House by a vote of 380 - 23 and in the 97th
Congress, it was adopted as House Rule L.
H. Res. 291, a resolution directing the President to
provide Members of the House with information on the
energy situation was reported from the Committee on
Energy and Commerce on June 11, 1979. It was considered
on the floor and passed on June 15, 1979. It can be
found in the Congressional Record of June 15, 1979, pages
H4582 - H4595. The House Report Number is 96-261. A
motion to table the resolution was defeated by a vote
of 4 - 338, with 92 not voting. The resolution passed
by a vote of 340 - 4, with 90 not voting.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
RULE CHANGES IN 95th, 96th AND 97th CONGRESSES
As pointed out earlier, at the beginning of each new Congress
the House adopts its Rules of procedure. As is the custom, the
Rules of the current Congress are the same as the previous Congress
with various and usually relatively minor change. In the 95th, 96th
and 97th Congresses which convened in January 1977, 1979 and 1981,
the House did make a number of changes in the rules. Here are the
significant changes that were made:
1. 95th CONGRESS
In the 95th Congress (January 1977) the operations of several
committees were modified by rules changes. There were six changes in
Rule X, and 11 changes in Rule XI. These 17 changes were a part of
a package of 40 changes originally approved by the Democratic
Caucus and later incorporated into H. Res. 5, 95th Congress.
Rule X -- ESTABLISHMENT AND JURISDICTION OF STANDING COMMITTEES
(a) Nuclear Energy Jurisdiction -- Rule X was amended at various
points to reassign the legislative jurisdiction of the Joint Com-
mittee on Atomic Energy to several standing committees of the House.
(b) Banking & Currency Committee Name Change -- clause 1(d) of Rule
X was amended to change the name of the Committee on Banking and
Currency to "Committee on Banking, Finance and Urban Affairs."
(c) Ethics Committee Jurisdiction -- clause 1(t) of Rule X was
amended to strip the Committee on Standards of Official Conduct of
its legislative jurisdiction for financial disclosure and lobbying.
(d) Ethics Members Self-Disqualification -- clause 4(e)(2) of
Rule X was amended to permit a member of the Committee on Standards
of Official Conduct to disqualify himself from participating in a
particular investigation by swearing he cannot render an impartial
or unbiased decision. On acceptance of disqualification by committee,
the Speaker was authorized to appoint another Member from the same
party to sit on that investigation.
(e) Sequential Referral of Bills -- clause 5(c) of Rule X was amended
to permit the Speaker to set a time limit on the first referral of a
bill as well as subsequent referrals.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
(f) Ap ointment of Conferees -- clause 6(e) of Rule X was amended
to require the Speaker to appoint conferees who are primarily re-
sponsible for the legislation and, to the fullest extent feasible,
include the principal proponents of the major provisions of the
bill as it passed the House.
Rule XI -- RULES OF PROCEDURES FOR COMMITTEES
(a) Records of Ethics Committee -- clause 2(e)(2) of Rule XI was
amended to prohibit Member access to the records of the Committee on
Standards of Official Conduct regarding the conduct of a Member,
Officer or employee, without the specific prior approval of the com-
mittee.
(b) Member Access to Closed Hearings -- clause 2(g)(2) of Rule XI
was amended to permit House Members to attend a closed hearing of any
committee or subcommittee (other than Standards of Official Conduct)
unless the House, by majority vote, specifically bars Members from
attending a particular hearing or series of hearings.
(c) One-third Quorum for Committee Markups -- clause 2(h) of Rule
XI was amended to permit committees .(other than Budget, Appropriations
and Ways and Means) to fix the number required for taking any action
other than reporting a measure at not less than one-third of the Mem-
bers. The quorum requirement for taking evidence remains not less
than two Members and the quorum requirement for closing meetings
remains at a majority.
(d) Ethics Committee May Sit During Five-Minute Rule -- Clause 2(i)
of Rule XI was amended to permit the Committee on Standards of Offi-
cial Conduct to sit during reading of a measure for amendment under
the five-minute rule, without special leave. Previously, the Com-
mittees on Appropriations, Budget and Rules were exempted from obtain-
ing special leave to sit during the five-minute rule.
(e) Committee Requests to Sit During Five-Minute Rule -- Clause 2(i)
of Rule XI was amended to grant?committee request for special leave
to sit during five-minute rule unless 10 or more Members object.
Previously, a request might be denied by any one Member objecting.
(f) Committee Subpena Power -- clause 2 (m) (2) (A) of Rule XI was
amended to permit T committees and subcommittees to authorize and issue
subpenas by majority vote, a quorum being present, and permitted com-
mittees to grant blanket subpena authority to the chairman by its
rules.
(g) Foreign Travel Reporting -- clause 2(n) of Rule XI was amended to
require Members and staff granted foreign travel authorization by a
committee to file a report with the committee not later than 60 days
after completion of travel, giving itemized listing of dates each
country was visited, the amount of per diem furnished, cost of trans-
portation furnished, and any funds expended for any other official
purpose, and summarize in the report the total amount of foreign
currencies and/or appropriated funds expended. Reports shall be avail-
able for public inspection.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(h) Cluster Votes on Rules -- clause 4 of Rule XI was amended to
give the Speaker the discretion to announce in advance that record
votes on Rules will be postponed until after debate on all Rules
has been completed.
(i) Committee Expenses -- clause 5 of Rule XI was amended to require
that any committee, commission or other entity be funded through
primary and additional expense resolutions reported from the House
Administration Committee and voted by the House (rather than being
permitted to draw directly on the contingent fund of the House as
some joint and select committees and commissions have been authorized
to do in the past).
(j) Committee Staff -- Clause 6(c) of Rule XI was amended to provide
pay for two of the professional staff on a committee at level IV of
the Executive Schedule (others are entitled to be paid up to level
(k) Committee Expenses -- clause 6(j) of Rule XI was repealed. That
clause provided for the twice annual publication in the Congressional
Record of committee staff, compensation and expenses. (A subsequent
order by the House Administration Committee provided for quarterly
publication.)
2. 96th Congress
In the 96th Congress (January, 1979) the more significant
Rules changes dealt with these subjects:
(a) "The Right of the House to Work its,Will;"
(b) Budget Act Amendments;
(c) Postponing Votes; and,
(d) Committee of the Whole Voting.
(a) "THE RIGHT OF THE HOUSE TO WORK ITS WILL"
These Rules changes transferred to the Speaker more power
over the order of business and took away from the House some of
its traditional prerogatives to determine how it will proceed
with its consideration of legislation:
(1) Approval of Journal:
The Speaker announces his approval of the Journal
and it shall be considered agreed to unless a vote
is demanded. A.motion to reconsider the vote is
not in order. A quorum call prior to the approval
is not in order.
Since the early days of the House the Speaker took the
chair at the hour indicated and "upon the appearance of a quorum"
proceeded to lay before the House the business in order as
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
prescribed under Rule.XXIV. The first order of business
after the prayer is the approval of the Journal -- the
official "record" of House procedings. The effect of
this rules change was to allow the Speaker to begin
business without a quorum present.
(2) Proceedings Under a Call of the House:
This change allowed a call of the House, but
eliminated the right of the House to initiate any
other proceedings under the call unless the Speaker
desired to entertain one.
The Constitution provides that less than a majority has
the right to compel the attendance of absent Members. That
motion is "a call of the House." Since the 1800's, Speakers
have held that the House has the right to have every Member
present, and even if only a few were absent it could send for
them if it should desire.
The effect pf this rule charge was to say that when at
least a majority has appeared under the call the Speaker alone
has the right to decide whether the House takes any other
"incidental" action such as sending for any absent Members or
"dispensing with further proceedings." This change resulted
in giving the Speaker a right that the House had earlier
reserved for itself.
(3), Suspensions - Eliminating Seconds:
No second shall be required on a motion to suspend
the Rules when printed copies of the motion are avail-
able for at least one legislative day prior to its
consideration.
The "second" was a method that the House reserved for itself
to prevent consideration of any unwanted business. To prevent
the unnecessary consumption of time on a suspension motion, the
House could vote down "ordering the second" and move on to other
business.
With this rules change the House gave to the Speaker the
right to bring up virtually any legislation or business when
is printed and available for at least or_e 1Pgislative.day prier
under suspension -- the Budget Act or any rule to the contrary
notwithstanding -- and the House must proceed to consider it.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(b) BUDGET ACT AMENDMENTS
(1) Changes in Rotation of Membership of Budget Committee
Under previous law, Members were allowed to serve on
the Budget Committee for no more than two complete Congresses.
This rules change allowed Members to serve on the Budget
Committee for three Congresses, and allowed a Chairman of the
Budget Committee who has only served for one Congress as a
Chairman to serve an additional Congress regardless of the
limitation.
Under previous law, the leadership of both parties was
allowed one appointment to the Budget Committee and this rules
change exempted that appointment from the limitation on length
of service. The change in the rules applicable to the Chairman
was made in order to allow former Chairman Giaimo to serve one
more term.
(2) Mathematically Consistent Amendments to Budget Resolutions
Amendments to concurrent resolutions on the budget were
not made in order unless the resolution as amended was mathe-
matically consistent and contained the values for the functional
categories as well as the aggregates.
This rules change requiring mathematical consistency was
politically aimed at preventing House Republicans from exer-
cising their method of budgeting. The Minority had contended
that the Congressional Budget Act required the House to consider
spending among the major functional categories on the basis of
what monies are available for total budget outlays and budget
authority.
Section 301(a)(2) of PL 93-344 requires that the first
concurrent resolution on the budget shall set forth:
"(2) an estimate of budget outlays and an
appropriate level of new budget authority for
each major functional category, for contingencies,
and for undistributed intragovernnental transactions,
based on allocations of the appropriate level of
total budget outlays and of total new budget authority,
. ." (Emphasis added.) - - -
(c) POSTPONING VOTES
The Speaker was given the discretionary authority to post-
pone votes on the following questions:
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(1) Suspensions and "Rules":
Under this change, the Speaker was given the discretion
to postpone votes on the "rules" reported from Rules Committee
or suspensions of the Rules until the end of all such consider-
ation or until the next legislative day.
(2) Roll Call Votes in the House:
Roll call votes on final passage of a bill, resolution,
or conference report may now be postponed by the Speaker to a
later time on the same day of consideration or within two
legislative days of consideration.
These changes gave the Democratic Leadership broad dis-
cretion in the scheduling of votes on legislation. The only
requirement on the Speaker is that he announce his intention to
postpone votes in the case of "rules" and suspensions of the Rules.
(d) COMMITTEE OF THE WHOLE VOTES
(1) Increase in Number Required for Recorded Vote:
This rules change increased from 20 to 25 the number of
Members needed to require a recorded vote in the Committee of
the Whole.
(2) Reduction of Vote Time:
New discretionary power was given the Chairman of the
Committee of the Whole to reduce from 15 minutes to five the
time required for a roll call vote after a regular recorded
quorum call.
The reasoning behind the increase in the number of Members
required to call for a recorded vote was to discourage members
from forcing a vote and therefore consuming more time.
The purpose of the reduced voting time on some recorded
votes, again was to conserve time.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(e) STATUTORY NATIONAL DEBT CEILING
The 96th Congress enacted another rules change that
affected the budget process and the handling of the debt ceil-
ing. In PL 96-78 (approved September 29, 1979) Rule XLIX
(Rule 49) was added to the House Rules. It provides for the
automatic adoption of a national debt ceiling joint resolution
through the process of approving a concurrent resolution on the
budget.
This rule states that when such a concurrent resolution
is approved, the House Clerk will enroll a House joint resolu-
tion which "shall be deemed to have passed the House," and
send it to the Senate for further consideration where it will
presumably and ultimately be enacted into law.
This technique therefore eliminates the necessity for
periodic bills (originating from the Ways and Means Committee)
to, raise the ceiling on the national debt.
This rule was first applied to the Third Concurrent Resolu-
tion on the Budget for FY 1980, and was used on the first con-
current resolutions on the budgets for both FY 1981 and FY 1982.
3. 97th CONGRESS
In the 97th Congress (Jan. and Dec., 1981) a series of what
were described as "technical" amendments to the Rules were adopted.
(1) AUTHORITY OF THE SPEAKER AND HIS OFFICE
(a) Speaker authorized to sign enrolled bills when
House not in session.
.mend clause 4 of Rule I by adding at the end
thereof the following:
"The Speaker is authorized to sign enrolled bills
whether or not the House is in Session."
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(b) Suspensions - change vote postponement procedure
"rules" and previous-questions of rules.
Amend clause 5(b)(1) of Rule I to read as follows:
"(b)(1) On any legislative day whenever a recorded
vote is ordered or the yeas and nays are ordered, or a
vote is objected to under clause 4 of Rule XV on any
of the following questions, the Speaker may, in his
discretion, postpone further proceedings on each such
question to a designated time or place in the legisla-
lative schedule on that legislative day or within two
legislative days:
(1) the question of passing bills;
(2) the question of adopting resolutions;
(3) the question of ordering the previous question
on privileged resolutions reported from the
Committee on Rules;
(4) the question of agreeing to conference reports;
and
(5) the question of agreeing to motions to suspend
the rules."
Delete clause 3(b) of Rule XXVII and delete "(a)" after "3"
in clause 3 of Rule XXVIII.
Delete clause 4(e) of Rule XI.
(c) Duties of the Clerk - receive message.
Amend Rule III by adding at the end thereof the following
new clause:
"5. The Clerk is authorized to receive messages
from the President and from the Senate at any time that
the House is not in session."
COMMENTS
(a) The previous practice had been to grant unanimous consent
anytime the House adjourned to authorize the Speaker to sign enrolled
bills. The Committee on House Administration notified the House as
to the accuracy of the enrollment of each bill and should submit
this before its signing (IV, 3452). Technically, the signing sho,.:-d
be while the House is in session and in the presence of a quorum. It
is assumed that this power would automatically be transferred to any
elected Speaker pro tempore (Clause 7, Rule I), but not to a designa:azi
Speaker pro tempore.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(COMMENTS CONTINUED)
(b) At the beginning of the last Congress, the
Majority Leadership was given very broad discretion in the
scheduling of votes on legislation. Under that change, the
Speaker was allowed the discretion to postpone votes on "rules"
reported from Rules Committee (Rule XI, 4(e)) or legislation
considered under suspension of the Rules until the end of
all such consideration or until the next legislative day. The
Speaker was given the power to postpone roll call votes on
final passage of a bill, resolutions, or conference reports
(Rule I, 5(b)) to a later time on the same day of consideration
or within two legislative days of consideration. It was argued
at the time that vote postponements will lessen the meaning
of debate and eliminate any requirement for the Member to be
on the House floor during consideration of legislation. In
the 96th Congress, the Speaker was also given the authority
to cluster any of the postponed votes, allowing 15 minutes for
the first roll vote by electronic device, and may reduce to
five minutes each subsequent vote.
Formerly, the only requirement on the Speaker was that he
announce his intention to postpone votes in the case of "rules"
and suspension of the Rules.
Under the previous procedure, once postponed voting on
suspensions begins no further motions to suspend may be considered.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(COMMENTS CONTINUED)
This rules change allowed the Speaker the discretion to
allow further suspensions to be considered on the same day
with postponed and clustered votes. This placed all authority
for deferral of votes to be in Rule I - Duties of the Speaker,
and treated all votes similarily in that they can be
postponed for up to two legislative days. In other words, on
Monday or Tuesday, measures can now be postponed and clustered
until Wednesday or Thursday.
(c) Unanimous consent was normally given to authorize
the Clerk to receive messages from the President and from the
Senate whenever the House adjourns over several days. This
rules change provided standing authority for the Clerk to
receive messages at any time the House is not in session.
This would not have any effect on those legislative veto pro-
visions (i.e., deferrals, recissions) which require action
within a certain time period as the countdown would not begin
until the messages were actually laid before the House. This
rules change was also designed to prevent any attempts at pocket-
vetoes during any non sine die adjournments of the Congress,
because in the Kennedy vs. Sampson case, the courts have held
that the President could not "pocket-veto" during an adjournment
to a day certain since the Senate had authorized the receiving
of messages while they were not in session.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(2) PROHIBITION ON "PHANTOM VOTING"
(a) Prohibiting a Member from casting another
Member's vote, or recording another Member's
presence in the House.
Rule VIII was amended by inserting at the end
thereof the following new clause:
"3. (a) A Member may not authorize any other
individual to case his vote or record his presence
in the House or Committee of the Whole.
(b) No individual other than a Member may
cast a vote or record a Merrber's presence in the
House or Committee of the Whole.
(c) A Member may not cast a vote for any
other Member or record another Nrnber's presence
in the House or Committee of the whole."
COMMENTS
(a) During the 96th Congress it was discovered that on
at least two occasions (May 14, 1979 and July 30, 1979)
votes were cast and recorded for Members who were not physically
present to cast such votes. The Committee on Standards of
Official Conduct reported its findings of those voting anomolies
on May 15, 1980 (House Report 96-991). It could not prove any
specific wrong-doing but recommended that this proposed rules
change be added to the Rules of the House.
(3) EXPAND SIZE OF COMMITTEE ON THE BUDGET
(a) The Budget Committee was increased from
twenty-five Members to thirty Members.
In Rule X, the first sentence of clause 1(e)(;
is amended to read as follows:
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
"Committee on the Budget, to consist of
30 Members as follows:
(A) twenty-eight Members who are members
of other standing committees; includ-
ing five Members who are members of
the Committee on Appropriations, and
five Members who are manbers of the
Committee on Ways and Means;
(B) one Member from the leadership of the
majority party; and
(C) one Member from the leadership of the
minority party."
COMMENTS
(a) The Committee on the Budget was established in the 93rd
Congress effective July 12, 1974 by sec. 101 of the Congressional
Budget and Impoundment Control Act of 1974 (Public Law 93-344).
The membership was increased from twenty-three Members to twenty-five
at the beginning of the next Congress (H.Res. 5, 94th Congress).
The rule as originally written stated that of the twenty-five
Members, thirteen Members must be members of standing committees
other than the Committee on Ways and Means or Appropriations. The
rule as now written is ambiguous in that it says that the Committee
shall consist of thirty Members, twenty-eight who are members of
other Standing committees as well as two from the leadership.
(4) HOUSE INFORMATION SYSTEMS - COMMITTEE SCHEDULING
(a) Requiring all Committees and Subcommittees to
use HIS scheduling services.
In Rule X, clause 4(d)(3) was amended by
striking out "a scheduling service which may
be used" and inserting in lieu thereof:
"a scheduling service which shall be used".
In Rule X, clause 5 is amended by striking
out paragraphs (d) and (e).
In Rule XI, clause 2(g)(3) is amended by
inserting immediately before the period at
the end thereof the following:
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
"and promptly entered into the conriittee
scheduling service of the House Information
systems."
COMMENTS
(a) The Bolling Committee on Committees reform (H. Res. 988,
93rd Congress) tried to have Committees and Subcommittees eliminate
any meeting and scheduling conflicts by giving the Committee on
House Administration the responsiblity over a House Information
Systems. Use of the systems was optional but this rules change
made its use mandatory. This rules change also required public
notice of committee hearings to contain a prompt entering of such
notice in the committee scheduling service of HIS.
(5) COMMITTEE ON WAYS AND MEANS
(a) Ways and Means to sit under the five minute rule.
Amend the first sentence of clause 2(i), Rule XI
to read as follows:
"No committee of the House (except the Cattnittee
on Appropriations, the Camiittee on the Budget,
the Catrni.ttee on Rules the Catmittee on Standards
of Official Conduct, and the Catmittee on Ways and
Means) may sit, without special leave, while the
House is reading a measure for atrendment under the
five-minute rule.."
COMMENTS
(a) The Committee on Ways and Means had traditionally been
permitted, by unanimous consent granted each Congress, to sit
while the House is reading a measure for amendment under the five-
minute rule.
This rule formerly prohibited Committees from sitting at any
time while the House was in session but in 1970, it was chances to
only during the five-minute rule. In 1975 only the Committees on the
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Budget, Appropriations and Rules were exempted. In 1977 the
Committee on Standards of Official Conduct was included in this
group. This rules change reflected previous practice of including
Ways and Means by unanimous consent.
(6) EXEMPTION FROM THREE-DAY RULE
(a) Apply exemption from three-day rule to any
decision which would become effective
unless disapproved by Congress (present
exception applies only to "executive
decisions").
Amend the last sentence of clause 2(1)(6) to
read as follows:
"This subparagraph shall not apply to--
(A) any measure for the declaration' of
war, or the declaration of a national
emergency, by the Congress; or
(B) any decision, determination, or action
by a Government agency which would
become or continue to be, effective
unless disapproved or otherwise invali-
dated by one or both Houses of Congress.
For the purpose of preceding sentence,
a Goverment agency includes any depart-
ment, agency, establishment, wholly
owned Government corporation, or instru-
mentality of the Federal Government or
the Government of the District of
Columbia."
COMMENTS
(a) The rule previously stated that any measure reported
by a committee should not be considered in,the House until the
third calendar day after the report has been available. The rule
provided for two exceptions: (1) declaration of war or national
emergency, or (2) legislative vetoes of any executive decision.
There are a number of laws which allow legislative vetoes
o entities which are not part of the Executive Branch, i.e. D.C.
Home Rule Act. Thus, this change included all government agencies
covared by legislative veto statutes exempt from the three-day
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
layover requirement. It also exempted any congressional
approval requirement of any quasi-governmental corporation
such as possibly any new synthetic fuel enterprises.
(7) CONTINUING APPROPRIATIONS PRIVILEGE
(a). Permit continuing appropriations to be
privileged after certain date.
Clause 4(a) of Rule XI was amended by inserting
after "The Committee on Appropriations - on
general appropriation bills" the following:
"and on joint resolutions continuing appropriations
for a fiscal year if reported after September 15
preceding the beginning of such fiscal year"
COMMENTS
(a) Under the previous rules of the House only general
appropriation bills embodying funds of any agency or agencies were
privileged for consideration in the.House. This means that its
report is filed in the House and a motion to resolve into committee
is privileged and no "rule" from Rules Committee was,(or is) required
to consider it.
The Congressional Budget Act requires a specific timetable for
appropriation bills to be completed. Once they are finalized the
Congressional budget of that fiscal year must be completed no later
than September 15th. That is the date this rules change would
make continuing appropriations bills privileged. Therefore,
some appropriation bills won't be finished on time and any
resolution providing a continuation will now be given the same
special status as general appropriation bills.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
(8) COMIITTEE COST ESTIMATE
(a) Committee cost estimate optional if CBO
estimate included in report.
Amend clause 7(d), Rule XIII to read as follows:
"(d) The preceding provisions of this clause
do not apply to the Committee on Appropriations,
the Committee on House Administration, the
Committee on Rules, and the Committee on
Standards of Official Conduct, and do not apply
where a cost estimate and comparison prepared
by the Director of the Congressional Budget
Office under section 403 of the Congressional
Budget Act of 1974 has been tirrely submitted
prior to the filing of the report and included
in the report pursuant to clause 2(1)(3)(C) of
Rule XI."
COMMENTS
(a) The rules previously required committees to include in
their reports on public bills a five-year estimate made by the
Committee of the costs which would be incurred in carrying out such
bill. The Congressional Budget Act (Public Law 93-344) created a
Congressional Budget Office (section 201) and required it to submit
to each committee a five-year cost estimate of their bills (section
403). Committees are also required to include such CBO cost estimates
in their report. Many committees may adopt the CBO estimates as their
own and this rules change simply allows them to rely on CBO rather
than their own independent estimate, which they still may make if
they so desire.
(9) QUORUM DURING GENERAL DEBATE
(a) Eliminate mandatory quorum call during
general debate in Committee of Whole.
Amend the second sentence of clause 2(a) of
Rule XXIII to read as follows:
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
"The first time that a Conmittee of the
Whole finds itself without a quorun during
any day, the Chairman shall invoke the
procedure for the call of the roll under
clause 5 of Rule XV, unless, in his
discretion, he orders a call of the Com-
mittee to be taken by the procedure set
forth in clause 1 or clause 2(b) of Rule
XV: Provided, that the Chairman may in
his discretion refuse to entertain a point
of order that a quorum is not present
during general debate only."
COMMENTS
(a) Article I, section 5, clause 1 of the Constitution
states that a quorum is necessary to do business in the House of
Representatives. In 1977 the Rules of the House were changed to
prohibit the Chair from entertaining a point of no quorum unless
a pending question has been put to a vote. In adopting that
rule (Rule XV, clause 6) the House has presumably determined
that the conduct of debate in the House is not such business as
requires a quorum under the Constitution. In 1977 the Rules
were also changed to prohibit quorum calls under the five-minute
rule, unless the Chairman has put the question on a pending
proposition, but would allow one during general debate the first
time the Committee of the Whole finds itself without a quorum
during that day. This rules change allowed the Chair the discre-
tion to refuse to entertain a point of no quorum during general
debate, therefore allowing the scheduling of general debate at
the end of the day or anytime where it is less likely there will
be a quorum.
(10) READING OF AMENDMENTS
(a) Motion to dispense with reading of certain
amendments in Committee of Whole.
Amend clause 5 of Rule XXIII by inserting
the following new subclause:
-21-
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
"(b) It shall be in order to move the
Committee of the Whole to dispense with the
reading of an amendment if the amendment has
been printed in the bill as reported from a
Committee, or if any member shall have caused
the amendment to be printed in the Congressional
Record, and to be submitted to the clerk or to
any responsible staff member designated by the
Chairman of the reporting caruattee or cammittees,
at least one day prior to floor consideration, and
said motion shall be decided without debate."
COMMENTS
(a) In the House there were intitially three readings. The
bill was read in full in order that the Membership could understand
the question as a whole. After general debate, it was then read a
second time under the five-minute rule when it was open to amend-
ment and debate in all its parts. The third reading was the
reading in full in its final form just prior to passage. The
Rules Committee has been routinely waiving the first reading. The
third reading is by title only. This rules change would allow
a non-debatable motion to be made to dispense with the reading
of any committee reported amendment, or any amendment printed
in the record. This rules change was intended to stop any Member
from forcing the reading of amendments for dilatory purposes. Of
course a Member can still offer unprinted amendments and require
them to be read in full.
(11) CRS SUMMARY OF BILLS - JOINT COMMITTEE ON
ATOMIC ENERGY
(a) Delete requirement of CRS suiru-narv of bills
and prohibition on references to Joint
Committee on Atomic Energy.
Delete clauses 5(d) and 5(e) of Rule X.
COMMENTS
(a) Previously, clause 5(d) required that after the intrc-
duction in the House of each bill or resolution the Congressional
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Research Service of the Library of Congress prepared a factual
description of each measure not to exceed one hundred words
and published such description in the Congressional Record and
the Digest of Public General Bills and Resolutions as soon as
possible after introduction. The description usually appeared in
the Congressional Record well after the introduction of the bill
and usually wasn't much more than the long title of the bill.
The cost to the Library of Congress of preparing these summaries
was about $9,000 per year. It was basically prepared as a bi-
product of the bill digest. Eighteen people work on the bill
digest, and it was estimated that about fifty hours per year
per person, was required to do the summaries. These summaries
are still being entered into the House Information System and
other computer systems even though they are no longer inserted in
the Record.
(12) PROCEDURE FOR RESPONSE TO SUBPENAS - ADD A NEW
RULE "W'.
(a) Rule L - Procedure for Response to Subpenas.
(See Rule L, sections 1 - 8, House Rules and Manual,
97th Congress, (H. Res. 5, adopted January 5, 1981)).
COMMENTS
(a) The general authority for responding to subpenas, and
a procedure for automatic compliance without the necessity of a
House vote was established in the 95th and 96th Congresses (See
H. Res. 10, January 4, 1977 and H. Res. 10, January 15, 1979).
These procedures were later clarified and revised in the 96th
Congress (H.Res. 722, September 17, 1980) and forms the basis for
the present rule.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Under current practices, the Speaker, the Majority Leader,
the Majority Whip, the Republican Leader and the Republican Whip
meet from time to time to consider appropriate action to be
taken in response to litigation involving the House, its Members,
officers or employees. The Speaker informs the senior House
Leadership of the time and place of such meetings, and if so
decided, the Parliamentarian, Counsel for the Speaker, the Clerk
and the Republican Leader cooperate in the presentation of these
legal cases in the relevant forums of law.
(13) AMENDING RULES OF THE HOUSE OF REPRESENTATIVES
TO INCREASE OUTSIDE EARNED INCOME, (H. Res. 305,
amends Rule XLVII was adopted December 15, 1981).
The text of H. Res. 305 is as follows:
. . ."clause 1 of Rule XLVII of the House of
Representatives is amended by striking out "15"
both times it appears therein and by inserting
in lieu thereof "30".
"Sec. 2. Clause 2 of Rules XVII of the Rules of
the House of Representatives is amended to read
as follows:
"2. For purposes of clause 1, honoraria shall
be attributable to the calendar year in which
payment is received.".
"Sec. 3. The amendments made by this resolution
shall take effect on January 1, 1981."
COMMENTS:
Rule
which was
vote. In
the House
salary as
XLVII was changed on December 15, 1981 by H. Res. 305
brought up by unanimous consent and was passed by voice
effect, the limit on outside earned income of Members of
was adjusted from 15 percent
to 30 percent
In addition, the per honorarium
of the aggregate
limit was
doubled from $1,000 to 42,000 (see 2 U.S.C., 441 i). Honcraria
were also deemed to be attributable to the year'received and the of
fective date for these changes was made retroactive to Jan. 1, 1981,
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
ADDITIONAL CHANGES MADE DURING THE 97th CONGRESS
The following two additional changes in the House Rules
were made later in the 97th Congress.
(14) State & Local Government Cost Estimate - Sec. 403 of
the Budget Act, which has the force and effect of a rule of
the House, has been amended to require the Director of the
Congressional Budget Office to submit to committees on any
reported bill or resolution of a public character (except
appropriation measures) a five-year estimate of the cost
which would be incurred by State and local governments in
carrying out or complying with the bill or resolution if
such cost is likely to be $200 million or more annually or
is likely to have exceptional fiscal consequences for a
geographic region or a particular level of government. Such
estimate is to be included in the committee report if timely
submitted before the report is filed. The effective date of
the requirement is Oct. 1, 1982, and its expiration date is
Sept. 30, 1987. (H.R. 1465, H. Rept. 97-353; passed the
House Dec. 8, 1981; PL 97-108)
(15) Office for the Bicentennial of the House - House Rule
I has been amended to create under the Speaker an Office for
the Bicentennial of the House to be staffed by a professional
historian. The Office would cease to exist not later than
Sept. 30, 1989. (H. Res. 621; passed House Dec. 17, 1982)
NOTE ON HOUSE ORIGINATION OF REVENUE RAISING BILLS
In the 97th Congress, on July 28, 1982, a resolution
dealing with the privileges of the House was offered by
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
1983 Revisions
Mr. Rousselot of California. Mr. Rousselot was concerned
that the U.S. Constitution Article I, section 7, was being
violated. The Constitutional provision in question was the
following:
"All Bills for raising Revenue shall originate
in the House of Representatives;"
The concern arose because the House had passed a small
revenue bill and sent it to the Senate. The Senate had
written a major tax reform bill, and attached it to the
small House bill. With the Senate-amended bill still at the
Speaker's table, the Chairman of the Ways and Means Committee
moved to send the House bill with the major Senate amendments
to conference, without the House ever having considered the
major tax reform provisions. In an attempt to prevent this,
Mr. Rousselot, at page H-4776 of the Congressional Record of
July 28, 1982, offered the following resolution:
H.Res. 541
Resolved, that the Senate Amendments to the
bill, H.R. 4961, in the opinion of the House,
contravene the first clause of the seventh section
of the first article of the Constitution of the
United States, and are an infringement of the
privileges of this House and that the said bill,
with amendments be respectfully returned to the
Senate with a message communicating this resolu-
tion.
As soon as this resolution was offered, the Chairman of
the Ways and Means Committee moved to table it. The House
did agree to table the Rousselot resolution by a record vote
of 229 yeas to 169 nays. Mr. Rousselot offered a similar
resolution, H. Res. 571, on August 19, 1982, prior to the
consideration of the conference report on H.R. 4961.
H. Res. 571 was also tabled.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
4. 98TH CONGRESS
On Jan. 3, 1983, the House agreed to H. Res. 5, adopting
the Rules of the House for the 98th Congress. The resolution
incorporated the House Rules from the 97th Congress, and all
applicable provisions of law, together with the following
eight changes:
(1) Postponement of Vote on Journal - House Rule I has been
amended to permit the Speaker to postpone until later in the
same legislative day a record vote in connection with agreeing
to the Speaker's approval of the Journal. Clause 1 of Rule XXIV,
on the daily order of business, has been amended accordingly.
(2) Duties of Clerk - House Rule III has been amended to
authorize the Clerk to supervise the staff and manage the
office of a Member who is deceased, has resigned, has been
expelled, or whose office has been declared vacant by the
House. The Clerk is further authorized to terminate existing
staff and hire additional staff (subject to approval by the
House Administration Committee), and to manage the office of
a deceased former Speaker for sixty days after the former
Speaker's death.
(3) Membership on Committees - House Rule X has been amended
to provide that a Member shall cease to be a member of any
committee on notification of the Speaker by the party caucus
or conference chairman that the Member has ceased to be a
member of the caucus or conference. The rule applies to
select and joint committees as well.
(4) Closed Hearings - House Rule XI has been amended to
permit the Committees on Appropriations, Armed Services, and
-24c-
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
Intelligence to close their hearings for up to six consecutive
days. (See discussion of the Sunshine rule on pages 74 and
75 of this Manual)
(5) Appropriations Amendments - House Rule XXI, clause 2,
has been amended to prohibit the offering of limitation
amendments to general appropriation bills (except for
amendments specifically contained or authorized in existing
law for the period of the limitation) if the House agrees to
a motion to rise and report after all other amendments have
been disposed of. The motion to rise and report may be
renewed after the consideration of each such limitation
amendment.
(6) Tax & Tariff Matters - House Rule XXI, clause 5, has
been amended to prohibit the reporting of tax or tariff
matters from committees not having jurisdiction over such
matters, and to prohibit the consideration of tax or tariff
amendments in the House or from the Senate on bills not
reported from committees having jurisdiction over tax or
tariff matters.
(7) Resolutions of Inquiry - House Rule XXII, clause 5, has
been amended to increase from seven to 14 legislative days
the time which committees are allowed to report resolutions
of inquiry before being subject to discharge.
(8) Going into the Committee of the Whole - House Rule
XXIII, clause 1, has been amended to permit the Speaker, after
the House has adopted a resolution from the Committee on
Rules providing for the consideration of a measure, to
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
1983 Revision
declare the House resolved into the Committee of the Whole
House on the State of the Union for the consideration of
that measure without intervening motion, unless the resolution
in question provides otherwise. (See pages 128 and 129 of
this Manual for procedure prior to this change)
NOTE ON REFERRALS
On January 3, 1983, Speaker O'Neill stated his
intention to exercise his referral authority in particular
situations to designate primary committees on jointly referred
bills. The Speaker announced that he might impose time
limits on committees having a secondary interest following
the report of the primary committee. The Speaker further
stated that he would continue to refer major new non-germane
Senate amendments to the committee with subject-matter
jurisdiction in the House. (Congressional Record, page H-25,
January 3, 1983).
NOTE ON ACCESS TO THE HOUSE FLOOR:
On January 25, 1983 Speaker O'Neill reemphasized his
intention that the rule pertaining to both committee and personal
staff on the House floor be properly enforced by the Doorkeeper
and the Sergeant at Arms during the 98th Congress (Congressional
Record, page H-101, Jan. 25, 1983). See further discussion
on this point at pages 140 and 141 of this Manual.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
MANUAL ON LEGISLATIVE PROCEDURE
IN THE
UNITED STATES HOUSE OF REPRESENTATIVES
FIFTH EDITION
97TH CONGRESS - SECOND SESSION
JANUARY, 1982
Prepared Under the Auspices of
the
Republican Leader
United States House of Representatives
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
This 5th Edition of the Manual is dedicated to the
Honorable John Rhodes of Arizona. Without John Rhodes there
would be no 5th Edition because there would have been no 1st
Edition.
As one of his many contributions to strengthening and
improving the legislative functions of the House of Represen-
tatives, he gave encouragement, support and leadership to
a group of Republican committee clerks and counsels some
fourteen years ago when they were struggling to codify and
di ssemirnate mutually useful information on how the House
procedurally functions.
Later, as Chairman of the House Republican Policy Committee
he commissioned Richard Burress, then the House Republican
Policy Committee Staff Director and a former Minority Counsel
of the Education and Labor Committee, to go forward with his
peers and produce the 1st Edition of the Manual.
Later still, through his leadership as the House Minority
Leader, the same group of people who, through the years, had
prepared the substantive portions of the Manual were organized
as a leadership support group, first as the "Senior Sons," and
later as the "Senior Sons and Daughters." This group now
includes the Senior Republican leadership staff, committee staff,
floor assistants and floor staff in the House of Representatives.
A skilled carliamentarian himself, Mr. Rhodes has also
provided invaluable leadership, insight and advice in the
preparation and publication of all five editions.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
FOREWORD
by
The Honorable Robert H. Michel,
Republican Leader of the U. S. House of Representatives
This, the 5th Edition of the Manual on Legislative Procedure
in the U. S. House of Representatives, is designed to provide you
with a working knowledge of the rules, precedents, customs and
procedures of the greatest parliamentary body on this planet.
I have watched and supported its growth and changes through
the past 14 years. It originally started out as a document most
readily useful, to a struggling minority attempting to survive in
a forum dominated by an overwhelming majority. Later as tines
changed, the Manual has developed into an instrument which will
help show you "how to do things," as well as "how to keep things
from being done," in our national legislature.
While this 5th Edition of the Manual may not be the best one
ever written, it is an improvement over those previously published
in 1967, 1970, 1973 and 1976, and I can assure you the 6th Edition
will be even better.
Our staffs have become larger and better trained, the
parliamentary process has changed, and the "extra dimension" of
personal experience . . . the thrill of victory and the acony of
defeat . . . have added to the accumulation of knowledge of the
ways the house works.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
Both as a Member and as a former Congressional staffer
myself, I have learned to appreciate the skill and dedication of
our professional committee staff people. This Manual, and the
various classes and courses that are conducted by these people,
are continuing testimony to the proposition that there still
remains in our constitutional republic both the desire and the
ability to keep the torch of freedom burning brightly in our
great nation.
Thus, it is my hope that you will find this document useful
and relevant, that you will add to it your own knowledge and
experience, and that in the years ahead you will support its
continuing modification, modernization and improvement.
ert H. Michel
epublican Leader
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
Acknowledgements
This 5th Edition was prepared under the auspices of the
Honorable Robert H. Michel, the Republican Leader of the House
of Representatives and the Honorable Edward Madigan, Chairman
of the House Republican Research Committee. Valuable counsel
and assistance was also received from the office of the House
Parliamentarian and the Congressional Research Service of the
Library of Congress.
The Editorial Board consisted of Hyde Murray, Bill Crosby,
Frank Polk and Judy Lamke. Contributing to the writing, research
and preparation of the Manual were Ron Boster, Bill O'Conner,
Bill Pitts, Mike Toohey, Don Wolfensberger., Mary Ann Fronce,
Tommy Winebrenner, Ron Lasch, Richard Diehl, Rita DiSimone, Anna
Holmquist, Jackie Stone, Dorian Hall, Lee Prouty and Barbara
Kostuk.
The 4th Edition, published in 1976, was prepared by Dennis
Taylor, Hyde. Murray, Mel Miller, arm Fink and Chris Cross. They
were assisted by Lew Berry, Clif Enfield, Sheldon Gilbert, Frank
Polk, Bill Crosby, Jonna Lynn Cullen and John Hogan.
The 3rd Edition, published in 1973, was prepared by Hyde
Murray, Frank Polk, Mel Miller, Dennis Taylor and John Williams.
Assisting writers included Orm Fink, Charles Leppert, Lew Berry,
Bill Crosby, Joe Bartlett, Clif Enfield and Sheldon Gilbert.
The 2nd Edition, published in 1970, was primarily a revisicn
of the original Manual. The update was completed by Bob Hynes,
Frank Polk, Hyde Murray and John Williams.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
The 1st Edition was published in June, 1967. It was a
pioneering parliamentary attempt to explain and define some of
the main legislative procedures that are applicable to the
House of Representatives. That first Editorial Board was made
up of Dick Burress, Hyde Murray, Bob Hynes, Clif Enfield, Charles
Dunn, John Dean, Frank Polk, Bill Copenhaver, Dick Cook and Lew
Berry.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
PART 1,
BIBLIOGRAPHY - REFERENCE SOURCES
AND
.HOW TO USE THEM
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
PART I. BIBLIOGRAPHY - REFERENCE SOURCES AND HOW TO USE THEM
A. INTRODUCTION
Because so much in the legislative process is based on
tradition, rules, and procedures, there is no more important
aspect to staff work than mastering the use of resources. No one
person can commit to memory the thousands of procedural details
connected with the proceedings of the House--and even if they could,
a subsequent Congress may well come along and repeal a portion of
what has been memorized. It is the purpose of this portion of the
manual to familiarize you. with the sources of information and how
to use them.
There are seven main sources:
(1) The Constitution of the United States;
(2) Jefferson's Manual;l/
(3) House Rules;l/
(4) Related statutes (Legislative Reorganization Acts of
1946 and 1970, the 1974 Committee Reform Amendrents, ti.
Congressional Budget and Impoundment Control Act of
1974 and various congressional disapproval statutes;
(5) Decisions of the Speaker and Chairman of the Committee
of the Whole, (Hinds', Cannon's and Deschler's Precedents);
(6) Cannon's Procedure in the U.S. House of. Representatives;
and
(7) Deschler's Procedure in the U.S. House of Represen-
tatives.
In the order of legal dignity, the U.S. Constitution stands
supreme. All rules and precedents must conform to it. Flowing from
the Constitution is the power to enact procedural laws applying to
1/
Each of these three sources is contained in the House publica-
tion entitled: "House Rules and ,Manual." It also contains
pertinent sections of the items listed under (4) and (5) above.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
the House and its committees., and to write rules governing pro-
cedure in the House.
These sources can be classifed into two main groups:
First, there are the U.S. Constitution and the written House
Rules, which include Jefferson's Manual, where applicable, and re-
lated statutory law. For lack of a better term, this source is
called "procedural legislation," because in each case there has
been formal action on the exact language of each provision.
Second, there are interpretations of such procedural legisla-
tion, emanating essentially from the rulings of the Speaker or
Chairman of the Committee of the Whole. Again, for lack of a bet-
ter term, this source is called "procedural interpretation." Pro-
cedural interpretations are similar to the case law that flows from
a written statute and are analogous to court interpretations of Con-
gressional enactments. Rulings prior to 1936 have been recorded by
Asher Hinds and Clarence Cannon, two former House Parliamentarians,
and set out in great depth in an 11 volume series. The rulings of
the Chair since then have not at this time been compiled in toto as
they are in Hinds and Cannon Y However, the House Rules and Manual,
which is published each Congress, is extensively annotated and such
annotations contain citations to applicable precedents. There are
several works that are also included under this grouping since they
are written analyses of House Rules and procedures and contain cita-
tions to and summaries of precedents. One is Cannon's Procedure,
1/ The parliamentary precedents since 1936 are being compiled
at this writing, however, The Legislative Branch Appropriation
Act of 1966 and subsequent appropriation acts have contained
funding to compile the parliamentary precedents. The Reorganiza-
tion Act of 1970 requires such precedents, when completed, to be
updated every five years. H.Res. 988, 93rd Congress (Committee
Reform Amendments of 1974) superseded the 1970 Reorganization
Act by requiring the precedents to be compiled by January 1, 1977
and to be updated every 2 years thereafter. So far, four volumes
of "Deschler's Precedents"have been published.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
which covers the period up until 1959. Another is Deschler's
Procedure, which contains summaries of precedents from 1959
through 1978, For that matter, this manual which is analogous
to a "hornbook" on parliamentary law may also be included in
this group.
B. U.S. CONSTITUTION (EMPHASIS ON ARTICLE I)
The Constitution is the keystone of our Federal structure and
the source from which our governmental institutions derive their
powers. The Constitution can be separated into 9 main parts as
follows:
1. Preamble
2. Article I - The Legislative Power
3. Article II - The Executive Power
4. Article III - The Judicial Power
5. Article IV - Obligations, duties, etc., of the States
6. Article V - Procedures to Amend the Constitution
7. Article VI - Supremacy Clause
8. Article VII - Ratification
9. Amendments
Article I sets forth the fact that the legislative powers grant-
ed by the Constitution are vested in the Congress, consisting of a
Senate and a House of Representatives.
There follows an outline of Article I of the U.S. Constitution
and several amendments which directly affect the House:
Sec. 1 - All legislative powers vested in Congress
Sec. 2 - The House of Representatives, qualifications
and powers of Members:
(a)
Two-year terms for House Members
(b)
Elector qualifications
(c)
Age of 25 years
(d)
Citizen for seven years
(e)
(f)
Inhabitant of State
Census enumerations
(See also 14th and 16th
(g)
Amendments)
Vacancies
(h)
Selection of Speaker and officers
(i)
Sole impeachment power
Sec. 3 - The Senate, qualifications and powers of Members
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
SEC. 4 - Elections:
(a) Time, place, and manner of elections
(b) Time of meeting (See also 20th Amendment)
SEC. 5 - Powers and duties of the House:
(a) Each House judges the qualificat-ions of
its Members
(b) Majority (quorum necessary to do business)
(c) Determine own rules
(d) Punish or expel own Members
(e) Journal of proceedings
(f) Yeas and nays at request of one-fifth of
those present
(g) Cannot adjourn for more than three days
without consent of Senate (and vice versa)
SEC. 6 - Compensation, immunities, and disabilities of
Members:
(a) Compensation
(b) Immunity from certain criminal action
(c) Not questioned elsewhere for statements
in debate
(d) Dual office-holding prohibited
SEC. 7 - Legislative Process:
(a) Revenue bills originate in House-
(b) (b) Approval or veto,of bills
(c) Pocket veto
(d) Presentation to President, overriding
a veto
SEC. 8 - Specific Powers of Congress:
(a) Taxes, duties, debts, and common defense
(b) Borrowing
(c) Commerce clause
(d) Naturalization and bankruptcy
(e) Coin money and fix weights and measures
(f) Punish counterfeiting
(g) Post offices and post roads
(h) Promote sciences and arts, patents, copyrights
(i) Establish lower Federal courts
(j) Punish crimes on high seas
(k) Declare war
(1) Raise and support armies
(m) Provide for a navy
(n) Provide for call of militia, suppress
insurrections, and repel invasions
(o) Legislate for District of Columbia and
other Federal facilities
(p) Necessary and Proper Clause
1/By tradition, appropriation bills also originate in the House.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
SEC. 9 - Restrictions on Powers of Congress:
(a) Certain importation of persons not
prohibited ( i.e. slavery) (See 13th,
14th, and 15th Amendments)
(b) Habeas corpus not to be suspended except
in cases of rebellion or invasion
(c) No bill of attainder or ex post facto laws
(d) No capitation or direct taxes (See 16th
Amendment)
(e) No tax or duty on interstate articles
(f) No preference to ports of States
(g) No money drawn from Treasury except by
appropriation and regular accounting required
(h) No titles of nobility conferred or accepted
SEC. 10 - Restrictions on Powers of States:
(a) State sovereignty restricted
(b) No State compacts without consent of Congress
Related Amendments to the Constitution:
12 - Electoral College
Section 2 of 14th Amendment - Re-apportionment of
Seats
17 - Popular Election of Senators
20 - Terms of Congress
23 - District of Columbia vote in Electoral College
25 - Presidential Disability
C. HOUSE RULES AND MANUAL
The House Rules and Manual is the single most important document
for you to have in your possession. It is a House Document printed
after the adoption of the Rules of each new Congress. The current
edition of this document applies to the 97th Congress (House Doc.
No. 96-398) and it contains the Rules of the House, the U.S. Constitu-
tion, and Jefferson's Manual. In addition, it contains other useful
information including excerpts from the Legislative Reorganization
Acts of 1946 and 1970, the Committee Reform Amendments of 1974, the
Congressional Budget Act of 1974, the proper form of certain motions
and procedures, a brief recitation of how a bill becomes a law, a
listing of the several Joint House-Senate Committees and their juris-
diction, the text of various "legislative veto" provisions contained
in public laws, and miscellaneous provisions.
-30-
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
An important aspect of this document is its annotated reference
to relevant precedents of the House. These annotations appear through-
out Jefferson's Manual, the Constitution, and the House Rules.
A very useful part of the volume is its 181 page index. This
giant index is prepared in painstaking detail and, if studied
thoroughly, can usually give a lead to the parliamentary problem you
seek to solve.
For example, if you wished to know if a Minority Report could
be filed with a Conference Report, you might look under "Conference."
It's not there. How about under "Reports?" Not there either. Well,
take a look at "Minority." There it is with a reference to paragraph
543 which is in Jefferson's Manual and when read, points out the ruling
of the Chair in 1883 as recorded in Volume V, Section 6406, of the Pre-
cedents!
So now you know. There can be no Minority Report filed with a
Conference Report, but to get that decision you had to check three
difference places in the index. (Remember, the index comprises about
one-sixth of the total document.)
You should obtain a copy of the "House Rules and Manual" for your
personal use: It is distributed as directed by the Parliamentarian of
the House. You should be able to obtain a copy through your committee.
If not, you may be able to obtain a copy from a Member of the House.
D. JEFFERSON'S MANUAL
A valuable part of the "House Rules and Manual" is that known
generally as "Jefferson's Manual." Thomas Jefferson, while Vice
President of the United States and President of the Senate, prepared
for his own guidance "Jefferson's Manual of Parliamentary Practice."
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
This notable work has come to be known as "Jefferson's Manual"
and was then regarded by parliamentarians as the best statement
of parliamentary law.
In 1837, the House, by a rule which still exists, provided
that the provisions of the Manual should ". . govern the House
in all cases to which they are applicable, and in which they are
not inconsistent with the standing rules and orders of the House.
(Rule XLII).
The following listing of the provisions which currently affect
or relate to operation of the House indicates the significance of
Jefferson's Manual to the House.
Section I. - Importance of adhering to rules
III. - Privilege
VI. - Quorum
'VII. - Call of the House
IX. - Speaker
X. - Address
XI. - Committees
XII. - Committee of the Whole
XIII. - Examination of witnesses
XIV. - Arrangement of business
XV. - Order
XVI. - Order respecting papers
XVII. - Order in debate
XVIII. - Orders of the House
XIX. - Petition
XX. - Motions
XXIII. - Bills, leave to bring in
XXIV. - Bills, first reading
XXV. - Bills, second reading
XXVI. - Bills, commitment
XXVII. - Report of committees
XXVIII. - Bill, recommitment
XXIX. - Bill, reports taken up
XXX. - Quasi-committee
XXXI. - Bill, second reading in the Hcuse
XXXII. - Reading papers
XXXIII. - Privileged questions
XXXIV. - The previous question
XXXV. - Amendments
XXXVI. - Division of the question
XXXIII. - Coexisting questions
XXXVIII. - Equivalent questions
XXXIX. - The question
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Section XL. - Bills, third reading
XLI. - Division of. the House
XLII. - Titles
XLIII. - Reconsideration
XLIV. - Bills sent to the other House
XLV. - Amendments between the Houses
XLVI. - Conferences
XLVII. - Messages
XLVIII. - Assent
XLIX. - Journals
L. - Adjournment
LI. - A session
LII. - Treaties
LIII. - Impeachment
E. RELATED STATUTES (LEGISLATIVE REORGANIZATION ACTS)
Congress itself, in recent times, has sought to improve the or-
ganization and operation of the legislative branch of the Federal
Government by the passage of statutes related to the rulemaking
power of the House and Senate respectively. These statutory reforms
are known as the Legislative Reorganization Acts of 1946 and 1970
and the Committee Reform Amendments of 1974.
In order to meet your responsibility as an effective committee
staff member, it is useful to have an understanding of, and be con-
versant with, the provisions of these acts. The 1974 Act is particu-
larly important both because of its newness and because of the rather
sweeping changes it makes in such matters as the referral of legisla-
tion, open committee meetings, subcommittee staffing and the creation
of new legislative support agencies such as the Congressional Budget
Office and the Office of Technology Assessment.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
F. CANNON'S PROCEDURE ?
Another publication which is also very valuable is
"Cannon's Procedure in the House of Representatives." It was
prepared by the late Honorable Clarence Cannon of Missouri,
who served as House Parliamentarian prior to becoming a Member
of the House and Chairman of the House Appropriations Committee.
The most recent publication of this document is that of the 87th
Congress, second session (House Document 610). Unfortunately,
the volume is out of print.
It, too, contains a lengthy but useful index which runs for
some 51 pages. It is broken down into 46 main subjects, each of
which is noted on a thumb index tab which makes it easy for quick
reference. Included throughout the book under each main subject
is the proper form to put the question, make a motion, or meet a
procedural situation.
G. DESCHLER'S PROCEDURE
Published for the first time late in 1974, and most recently
in July, 1979, purusuant to a directive contained in the Legisla-
tive Reorganization Act of 1970, "Deschler's Procedure in the U.S.
House of Representatives" will be the best single reference source
for recent rulings of the Chair on almost any subject faced in the
course of consideration of legislation. The volume was edited by
Lewis Deschler, who served for 46 years as Parliamentarian of the
House, retiring in 1974. The volume is both compact and well or-
ganized. The 20-page table of contents quickly permits the pin-
pointing of the chapter and section dealing with the problem at
hand. The book contains summaries of all important rulings of
the Chair since 1959. For the most part then, staff should view
Deschler as being the most recent authority on most matters.
-34-
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Matters not covered can probably be found in Cannon's Procedure
or in Hinds' and Cannon's Precedents. It is must reading for
anyone who hopes to master the complexities of floor procedure.
The summaries of Chair rulings in Deschler are quite brief.
It would be advisable for anyone relying upon a particular
opinion to research the citation noted in the bound issues of
the Congressional Record.
H. HINDS' AND CANNON'S PRECEDENTS
This 11-volume set contains about 11,000 interpretations or
rulings by the Chair on just about every conceivable parliamentary
subject that might arise. The first five volumes were prepared by
Asher Hinds and were published in 1907. The second six volumes
were prepared by Clarence Cannon and were published in 1936.1/
Three of these volumes are an alphabetized index. The first four
volumes of Deschler's Precedents are also available.
Most committees as well as the House and the floor libraries
have sets of Hinds', Cannon's and Deschler's Precedents available
for your reference and study.
The citations to these precedents are indicated by roman
numeral (e.g., V) to show you which of the 11 volumes to use, and
arabic numbers (e.g., 6406) to indicate in which section in that
volume the ruling is found. Thus, a typical citation would be
"V,6406," meaning volume 5, section 6406.
As noted above, citations to significant rulings are also
contained in the House Rules and Manual, Cannon's Procedure
abd Deschler's Procedure.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2 --
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
I. HISTORY OF HOUSE OF REPRESENTATIVES
Another useful document is the History of the House of
Representatives published as a House Document. Prepared by the
Library of Congress, it is a concise history of the House, re-
cording the historical developments which led to present rules
and precedents.
J. THE CONGRESSIONAL HANDBOOK
The Congressional Handbook published periodically by the
House Administration Committee (most recently in December, 1980)
is full of relevant and important information for the operation
of a Congressional committee. Here follows a partial inventory
of some relevant sections (followed by the page number):
1. Committee funding resolutions, pages 6-9; examples
and accounting, pages 6-19;
2. Employment of staff, pages 20-21;
3. Leave guidelines for time, page 22;
4. Travel, page 23;
5. Specialized training, page 38;
6. Personnel detailed from government departments, page 38;
7. Witnesses, page 40;
8. Stenographers, page 40;
9. Stationery supplies, page 42;
10. Telegraph, page 42;
11. Long distance telephones, page 42;
12. Postage, page 44;
13. Office equipment, page 44;
14. Representational funds, page 45;
15. Financial disclosure, page 95;
16. Foreign gifts and travel, page 95;
17. Statutory prohibitions, pages 95 and 194;
18. Political activities, page 95;
19. Use of committee rooms, page 142;
20. Legislative Information Services, page 146;
21. Majority and minority political organizations, page 151;
22. How to find citations to the U.S. Statutes at Large,
and to the U.S. Code, pages 211-217.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
K. THE HOUSE REPUBLICAN CONFERENCE DIRECTORY
The Conference Directory covers the following subjects
(followed by the page number):
1. House Republican Leadership, pages 3-4;
2. House Republican Conference, page 6;
3. Highlights of the Conference Rules, page 8;
4. Republican Whip Organization, page 15;
5. Committees of the Conference
a. Committee on Committees, page 17;
b. Committee on Research, page 20;
c. Committee on Policy, page 23;
d. National Republican Congressional Committee,
page 27;
e. Committee on Republican Personnel, page 30;
6. Republican Members Lists
a. Republican Committee Assignments, page 31;
b. Members' Committee Assignments, page 36;
c. Seniority of House Republican Members, page 44;
d. Members, First Names, and Appointment Secretaries,
page 46;
7. Republican Services
a. Cloakroom, page 51.
L. LIST OF ADDITIONAL REFERENCES
There are, of course, many other interesting, informative,
and useful reference materials on the subject
procedure, some of which are listed below and
of legislative
on the next page.
You may wish to add to the following list any additional references
which you find helpful.
TITLE
U.S. Constitution Annotated
Corwin
The Constitution of the United
House Judiciary
House Judiciary Conan.
States of America
Committee
Committee Print (:Cure
Doc. 112, 88th Cong.,
lst Session.
-37-
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
TITLE
POSSIBLE SOU=
U.S. Twee (Particulary
U.S. Congress
Library
How Our Laws Are Made
Zinn
House Doctunent
1978
Fischer
96-352
Federal Election Campaign
House Adminis-
House Document
Laws - relating to the
tration Corm.
96-301
U.S. House of Representatives
Jan. 8, 1980
"The Veto: A Positive Re-
Charles E. Rice,
Conservative Caucus
sponse to Economic
Prof. at Law,
422 Maple Ave., East
Emergency"
Notre Dame Univ.
Vienna, Virginia 22180
Notes on Legislative
James Craig
Library of Ccng.
Drafting, 1961
Peacock
Catalog No. 61-10519
The Fundamentals of Legal
Sidney F. Parham,
Library of Cong.
Writing, 1967
Jr.
Catalog No. 68-3532
Legislative Drafting
Reed Dickerson
Library of Cong.
1954
Catalog No. 54-7847-
How Our Laws Are Made
House Judiciary
House Judiciary
95th. Congress
Committee
Committee
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
PART II.
STRUCTURE, ORGANIZATION, AND TRADITIONS
OF
THE HOUSE
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
PART II. HOUSE OF REPRESENTATIVES - STRUCTURE, ORGANIZA-
TION, AND TRADITIONS
A. GENERAL PARLIAMENTARY DEMEANOR AND PRACTICES
The rules for parliamentary demeanor are largely unwritten.
It is paramount however, that courtesy, character, and fair
play stand above personal ambition or extreme partisanship in
the House.
Unconventional dress -- for example, no coats and ties, or
both, is in poor taste and in violation of the decorum of the
House. It is generally accepted that male staff members who are
present on the floor will wear suits and ties. Female staff are
expected to be suitably attired. Smoking, placing feet on chairs
and seat backs, reading newspapers or magazines, and loud talking
.are examples of violations of the protocol of the House. Staff
should not sit at the leadership table across the aisle from
the committee table. Staff members should not express their
approval or disapproval of any action while on the floor or in
any way participate in formal procedures.
Another unwritten rule is that if one Member is going to dis-
cuss another Member or a subject closely identified with another
Member, the latter should be notified of the time when he intends
to take up the matter. This courtesy enables the other Member to
be present during the debate and to have the opportunity to answer,
if he so desires.
Staff members present on the floor to handle legislation
shculd remain behind the rail until the bill they are responsibl=
for has been called up. The question of whether or not a partic-.:-
lar staff member shall sit at the committee table is a matter to
be determined by the manager of the bill and the staff member.
-40-
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Generally, the principal staff person will sit at the table
with any others occupying nearby chairs.
Recognition and Speaking for the Record
Before a Member may be heard in the House, he or she must
be "recognized" by the presiding officer. Although the power
of recognition is a very significant prerogative of the Chair,
normally a Member can readily gain recognition in a number of
ways.
Most sessions of the House commence with a period devoted
to "one-minute speeches" during which time a Member may by unani-
mous consent, address himself to the House on almost any subject
that comes to mind. In order for these remarks to appear in the
Record in this part of the proceedings, they must be limited to
300 words. Longer statements will be placed in the back of the
Record along with other business of that day. One-minute
speeches may also be made at the end of regular business.
While the House is considering legislation, a Member may
request time from the manager of the bill. The length of time
is determined by the manager and is most often a function of
the number of demands upon the available time. The practice
of yielding time occurs most frequently during the time alloted
for general debate on legislation during which time legislation
is discussed in broad general terms.
Following general debate, legislation is read for amendment.
A Member may then be recognized to offer and speak to an amend-
ment for five minutes. If at the end of that time he has not
completed his remarks, the Committee of the Whole has been
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
generally disposed to grant unanimous consent requests to
continue for a brief additional period. Members may also
be recognized to speak in opposition to an amendment.
One frequently used method of gaining the floor during
the amendment process is to offer a pro forma amendment. Under
this procedure, a Member moves to "strike out the last word,"
or the "requisite number of words," or as former Representative
H.R. Gross of Iowa once asked: "the penultimate word." In
any event this procedure will gain the Member five minutes of
time.
With increasing frequency the Committee of the Whole has
operated under a rule in which the only amendment which could
be offered were those which had been printed in the Record
prior to being called up on the floor. In some cases the rule
has prohibited Members from offering even pro forma amendments
unless they had protected themselves by prior submission. In
cases where it is agreed that debate will end at a time certain,
the remaining time is divided among the Members seeking recogni-
tion and may range from 15 seconds to five minutes each. The
pro forma procedure will not guarantee a Member five minutes of
time once a time limitation has been adopted.
Correction of Remarks for the Congressional Record
Under current procedure, the Member's remarks made when
he has control of the time are either given to the Member on the
floor or sent to his office. Remarks made by that Member when
another Member has control of the time will not necessarily be
made available to the Member unless he specifically requests that
he have an opportunity to correct them.
-42-
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
Committee staff are sometimes requested to review and
correct for the Congressional Record remarks of Members of
the committee who serve as floor managers on a specific
piece of legislation.
In order for the staff to make proper review of these
remarks, they need to inform the Congressional Record clerk
that the remarks are to be forwarded to them for correction.
In the case of remarks made during another Member's time,
they can only request of the Member in control of the time,
that the remarks should be forwarded to them for correction.
While the staff should attempt to keep track of who has control
of the time, as well as the amount of elapsed time, they are
not always able to do so. They may be occupied with other
matters or have been sent off the floor on an errand. During
the five-minute rule, staff members are frequently occupied
with obtaining copies of amendments, analyzing or writing
amendments on the floor or providing information to the floor
managers responsible for debating the question. The Chair,
however, keeps track of the time and on informal inquiry will
reveal the debate time left for both sides.
Consequently, when a Member requests that the staff cor-
rect his remarks made while participating in the management
of a bill on the floor the staff member should ask whether or
not he wishes to have the remarks that were made during another
Member's time reviewed and, if so, who that Member was.
The staff should then assume the responsibility of contact-
ing the Member in control of the time and requesting that the
remarks be furnished to them, making necessary corrections, and
-43-
Approved For Release 2008/01/28 : CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
returning them to the Congressional Record Office. It should
be remembered, however, that the Member may not make the re-
marks available for correction and might not even return them
to the Congressional Record clerk.
Normally, all material is sent to the printer by 9:00 p.m.
However, in the case of any bill that comes to the floor late
in the day, the remarks might not come into the hands of the
staff until well into the evening. As a result, if there are
questions that in the opinion of the staff need to be coordin-
ated with the Member, he cannot do so until he knows where
that Member may be found during that evening. Staff should
also try to determine where Members can be reached in case of
necessity up to midnight that evening.
If for some reason the Record appears with remarks that
are not to the liking of the Member, usually he may still have
them corrected for the permanent record. The committee staff
should take care of this upon request of the Member concerned.
This is a unanimous consent request in the House and it should
be made normally within two weeks after the original publica-
tion of the Congressional Record.
The "Bullet" (.)
On Wednesday, March 1, 1978, the Laws and Rules for Publi-
cation of the Congressional Record were amended to identify
statements or insertions in the Record where no part of them
was spoken. Unspoken material is preceded and followed by a
"bullet" symbol, i.e.,"?". Such action was taken under the authc__z-r
conferred on the Joint Committee on Printing in Title 44 of the U.Z.
Code.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
The "bullet" will precede and follow unspoken material. The
procedures in the House are as follows:
1. HOUSE FLOOR PROCEEDINGS:*
(a) When, upon unanimous consent or by motion,
a prepared statement is ordered to be
printed in the Record and no part of it is
spoken, the entire statement will be "bulleted."
(b) If a Member verbally delivers the first portion
of the statement (such as the first sentence or
paragraph), then the entire statement will appear
without the "bullet" symbol.
(c) Extemporaneous speeches supplemented by prepared
statements will not be "bulleted."
(d) One-Minute Speeches and Special Orders.
If no portion of such statements is spoken by
the Member, the entire statement will be
"bulleted."
(e) Extensions of Remarks.
All statements not spoken by the Member will be
"bulleted," if however, a portion of a statement
is delivered verbally by the Member, revised, but
not received by the Government Printing Office
(GPO) in time to appear in the Record for that day,
it will be printed without the "bullet symbol in
a subsequent issue of the Record under "Extensions
of Remarks." *(See, 124 Congressional Record Part 3,
p. 3676, February 20, 1978.)
Two-page Rule - Cost Estimate from Public Printer*
No extraneous matter in excess of two printed Record pages,
whether printed in its entirety in one daily issue or in two or
more parts in one or more issues, shall be printed in the Congres-
sional Record unless the Member announces, coincident with the reques
for leave to print or extend, the estimate in writing from the Public
Printer including the probable cost of publishing the matter. In
House proceedings, no extraneous matter shall be printed except: (a)
excerpts from letters, telegrams, or articles presented in con-
nection with a speech delivered in the course of debate; (b) communi-
cations from State legislatures; (c) addresses or articles by the
-45-
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
President and the Members of his Cabinet, the Vice President,
or a Member of Congress. If the material submitted is in con-
travention of these provisions the Public Printer will return
to your Member the materials he or she submitted for the Con-
gressional Record.
Special Orders, Extensions of Remarks
If a member desires to address the House for a longer period
of time, he may obtain a special permission to address the House,
known as a "special Order." Such permission is granted for up
to 60 minutes. Special orders follow the regular business of the
day and are frequently used to discuss the introduction of a bill
or a topic of current concern. Occasionally, Members granted a
"special order," use only a portiQn of the time to introduce the
subject and then submit the rest of the material for the printed
Record. Remember, to avoid the "bullet" a Member should read at
least the first sentence of their remarks. Special orders have
also frequently been used for colloquies on specific subjects of
interest to a number of Members.
A Member may also,'at his own request, or at the request of
a Colleague, ask permission to submit material for that part of
the Record known as "Extensions of Remarks." To facilitate special
orders and extensions, there are sign-up sheets maintained at the
leadership desks on the floor. A phone call to the cloakrooms will
generally be sufficient to secure permission. Extensions must be
signed by the Member and submitted to the Record Clerk during the
House sessicn, or no later than 15 minutes after adjournment.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
Under present regulations, the estimate obtained from the
Public Printer must be included in the unanimous consent
request made by the Member, to insert "notwithstanding the
additional cost." The submission of extraneous material in
excess of two pages may also delay printing of the remarks for
one or more days, particularly if a cost estimate has not been
obtained in advance.
When a subject has current broad interest in the House, it
is usual for some Member to ask "general leave" for all Members
to have the privilege of inserting their remarks in the Record
for some period of time on that subject. This is often done-in
connection with the passage of a bill or the memorialization of
a departing Member. Under current practice, the general leave is
for all Members to have five legislative days.
Unanimous Consent
A great many formal actions are taken in the House by
"unanimous consent." While nearly every legislative action can
be done by unanimous consent, there are certain actions that
cannot. For example, the yeas and nays must be ordered on a
Presidential Veto (article I, sec. 7, U.S. Constitution). Also,
it is riot in order for Members to recognize persons in the gallery
and the Speaker cannot suspend this rule by unanimous consent or
otherwise (clause 8, Rule XIV). Clause 1, Rule XXXII, specifies
who may be admitted to the floor during sessions of the House, and
it is not in order to entertain a request to suspend the rule or
request unanimous consent to waive its provisions.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
Forms of Address
The person occupying the Chair when the House is sitting
is formally addressed as "Mr. Speaker," or "Madame Speaker,"
never by any more familiar name. when the House is resolved
into the "Committee of the whole," the presiding officer is
addressed as "Mr. Chairman" or "Madame Chairman." The mace, the
symbol of authority of the House, is placed on a pedestal to the
Speaker's right while the House is in session and is moved to a
lower position while the House is resolved into the Committee of
the Whole.
Members, too, must address each other in acceptable formal
parlance, rather than by name or the impersonal pronoun "you."
It should be the "gentleman from (state)," or the "gentlewoman,"
or the "gentlelady from (state)."
Points of Order
A Member may also be recognized to speak on "points of order"
dealing with parliamentary procedures. A point of order is a
formal legal contention that the pending procedure or legislaticr.
violates the Constitution, Rules, or precedents of the House. The
Member rises and expresses his desire to make a point of order. He
then is permitted by the Chair to state the basis for the point of
order. After that, a rebuttal may be allowed before the Chair rules.
These rulings are appealable to the House itself, but in actual prac-
tice the reversal of a ruling by the Chair has been very rare. -n
most circumstances, the Parliamentarian or his staff is informed -in
advance of a Membe-'s interest in raising a point of order and is
often consulted on the substance and merits of the point. No 1=`-''er
may revise and extend his remarks during a point of order.
Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
A parliamentary inquiry, as the term implies, means a question
concerning procedure put to the Chair. Such inquiries can be very
helpful in clarifying what the parliamentary situation is at any par-
ticular time.
Violations of the House speaking rules are enforced by a
procedure called "taking down the words." This procedure is a
method by which Members who have violated the courtesies or the
customs of the House or its Rules may be reprimanded in various
degrees of severity. Listed are five (5) citations on the next
page to recent incidents and rulings which best illustrate this.
procedure.. l/
1/ See clauses 4 and 5 of Rule XIV.
Approved For Release 2008/01/28: CIA-RDP84BOO148R000501000009-2
 Approved For Release 2008/01/28: CIA-RDP84B00148R000501000009-2
DATE
CONG. RECORD PAGE
REPPESENTATIVE
8/20/80
H-7277
Rep. Dornan vs.
Rep. Waxman
7/02/80
H-6085
Rep. Bauman vs.
Speaker O'Neill
7/24/79
H-6450
Rep. Bauman vs.
Rep. Marc L. Marks
6/12/79
H-4364
Rep. Walker vs.
Rep. Gonzalez
8/21/74
Vol. 120, Part
22,
Rep. Bauman vs.
The "Other Body"
pp. 29652 -53
Rep. O'Neill
ACTION TP.I::cli?,a ::d _c..~a __ ...-~4'
l ::aG the CODgress ..^ereDy Get 2r^1:ne5 1::1 .: ^_:SreS. " ?- _ _
3011 a) of the Congressional 3ucget .i:: of
year beg^.nning on October
1) the recommended :eve; of Federal rs1?enues :s 3~? -