Chapter 41, Deschler’s Precedents

Chapter 41
Deschler’s Precedents
Volume 18

[pp. 431-480]

Table of Chapters

CHAPTER 1
Assembly of Congress

A. Meeting and Organization

§ 1. In General; Law Governing
§ 2. Types of Meeting; Sessions
§ 3. Time of Meeting
§ 4. Place of Meeting
§ 5. Clerk as Presiding Officer; Authority
§ 6. Election of the Speaker
§ 7. Business Under Speaker as Presiding Officer

B . Procedure

§ 8. Procedure Before Adoption of Rules
§ 9. —Motions
§ 10. Adoption of Rules; Applicability
§ 11. Resumption of Legislative Business
§ 12. Action on Bills and Resolutions During Organization

CHAPTER 2
Enrolling Members; Administering the Oath

§ 1. In General
§ 2. Status of Members- and Delegates-elect
§ 3. Presentation of Credentials
§ 4. The Clerk’s Roll
§ 5. Administering the Oath
§ 6. Challenging the Right to be Sworn

[p. 432]

CHAPTER 3
Party Organization

A. Introduction

§ 1. In General

B. Party Caucus or Conference

§ 2. In General; Nature and Purposes
§ 3. Chairmen—Functions
§ 4. Adoption of Rules; Recent Changes
§ 5. Time and Place of Meetings
§ 6. Specific Functions—Selection of Leaders
§ 7. —Nomination of House Officers
§ 8. —Creation of Party Committees
§ 9. —Assigning Members to House Committees
§ 10. —Policy Determination; Party Decisions as Binding

C. Party Committees and Informal Groups

§ 11. Committee on Committees
§ 12. Republican Policy Committee; Research Committee
§ 13. Steering Committee
§ 14. Patronage Committee
§ 15. Official Objectors’ Committees
§ 16. Campaign Committees; Informal Party Groups

D. Floor Leaders

§ 17. In General
§ 18. Duties as to Legislative Schedule
§ 19. Role as Party Leader
§ 20. Appointments
§ 21. Duties; Ceremonial Functions
§ 22. Salary and Perquisites; Honors on Death

[p. 433]

E. Party Whips

§ 23. In General
§ 24. Duties and Functions
§ 25. Allowances—Clerk-Hire Allowance

CHAPTER 4
House Facilities and Capitol Grounds

A. Introductory

§ 1. In General; Care, Protection and Use
§ 2. Demonstrations and Disturbances
§ 3. Hall of the House
§ 4. Admission to House Floor

B. House Galleries and Buildings

§ 5. Galleries
§ 6. Office Buildings

CHAPTER 5
The House Rules, Journal, and Record

A. House Rules and Manual

§ 1. In General; Printing
§ 2. Jefferson’s Manual
§ 3. Background Information—Power of New House to Adopt Rules
§ 4. —Judicial Authority With Respect to Rules
§ 5. —Amendment
§ 6. —Applicability; Construction
§ 7. —Abrogation or Waiver

B. The House Journal

§ 8. In General; Purpose and Use

[p. 434]

§ 9. The Journal as Evidence
§ 10. Entry of Particular Proceedings
§ 11. Reading the Journal
§ 12. —Propriety of Business Before and During Reading
§ 13. Effecting Corrections
§ 14. Approval

C. The Congressional Record

§ 15. In General; Purpose and Format
§ 16. Matters Printed in the Record; Civil Liability
§ 17. Deletion of Unparliamentary Remarks
§ 18. Correction of Errors
§ 19. Revision of Remarks
§ 20. Extension of Remarks

CHAPTER 6
Officers, Officials, and Employees

A. The Speaker

§ 1. Introductory
§ 2. Definition and Nature of Office
§ 3. Jurisdiction and Duties
§ 4. Limitations on the Speaker’s Powers
§ 5. Participation in Debate and Voting
§ 6. Power of Appointment; Legislative Authority
§ 7. Preserving Order on the House Floor
§ 8. Preserving Order in the House Galleries

B. Speaker Pro Tempore

§ 9. Introductory
§ 10. Definition and Nature of Office
§ 11. Oath of Office; Term of Office
§ 12. Designation of Speaker Pro Tempore

[p. 435]

§ 13. —House Approval
§ 14. Election of Speaker Pro Tempore

C. House Officers

§ 15. Qualifications
§ 16. Election
§ 17. Oath; Compensation
§ 18. Duties of the Clerk
§ 19. Duties of the Sergeant at Arms
§ 20. Duties of the Doorkeeper
§ 21. Duties of the Chaplain
§ 22. Vacancies; Selection of Successors

D. As Party Defendant or Witness

§ 23. In General; Immunities

E. Employment

§ 24. In General
§ 25. Creating Positions
§ 26. Minority Positions
§ 27. Compensation

CHAPTER 7
The Members

A. Introductory

§ 1. In General; Rights and Privileges; Term of Office
§ 2. Seniority and Derivative Rights
§ 3. Status of Delegates and Resident Commissioner

B. Compensation and Allowances

§ 4. Salary; Benefits and Deductions
§ 5. Leaves of Absence
§ 6. Travel

[p. 436]

§ 7. Franking
§ 8. Office and Personnel Allowances; Supplies

C. Qualifications and Disqualifications

§ 9. In General; House as Judge of Qualifications
§ 10. Age, Citizenship, and Inhabitancy
§ 11. Conviction of Crime; Past Conduct
§ 12. Loyalty
§ 13. Incompatible Offices
§ 14. Military Service

D. Immunities of Members and Aides

§ 15. Generally; Judicial Review
§ 16. For Speech and Debate
§ 17. For Legislative Activities
§ 18. From Arrest

CHAPTER 8
Elections and Election Campaigns

A . Apportionment; Voting Districts

§ 1. In General; Functions of Congress and the States
§ 2. Census and Apportionment; Numerical Allocation of Representatives
§ 3. Districting Requirements; Duty of States
§ 4. Failure of States to Redistrict

B. Time, Place, and Regulation of Elections

§ 5. In General; Federal and State Power
§ 6. Elector Qualifications; Registration
§ 7. Time and Place; Procedure
§ 8. Ballots; Recounts
§ 9. Elections to Fill Vacancies

[p. 437]

C. Campaign Practices

§ 10. Regulation and Enforcement
§ 11. Campaign Practices and Contested Elections
§ 12. Expulsion, Exclusion, and Censure
§ 13. Investigations by Standing Committees
§ 14. Investigations by Select Committees

D. Certificates of Election

§ 15. In General; Form
§ 16. Grounds for Challenge
§ 17. Procedure in Determining Validity; Effect

CHAPTER 9
Election Contests

A. In General

§ 1. Constitutional Provisions; Historical Background
§ 2. Contested Election Laws
§ 3. State or Local Election Boards

B. Jurisdiction and Powers

§ 4. The House
§ 5. Election Committees
§ 6. The Clerk; Transmittal of Papers
§ 7. The Courts

C. Grounds of Contest

§ 8. Generally
§ 9. Faulty Credentials; Citizenship
§ 10. Violation of Federal or State Election Laws
§ 11. Improper Attempts to Influence or Confuse Voters
§ 12. Voting Booth and Balloting Irregularities

[p. 438]

D. Defenses

§ 13. Generally
§ 14. Contestant’s Credentials and Qualifications
§ 15. Abatement
§ 16. Limitations and Laches

E. Practice and Procedure

§ 17. Alternatives to Statutory Election Contests
§ 18. Commencing the Contest
§ 19. Parties

F. Notice of Contest

§ 20. Generally; Time
§ 21. Service of Notice
§ 22. Form and Contents of Notice

G. Pleading

§ 23. Generally
§ 24. Answer
§ 25. Motion to Dismiss
§ 26. Motion for More Definite Statement

H. Taking of Testimony; Depositions

§ 27. Generally; Time
§ 28. Examination of Parties and Witnesses
§ 29. Scope of Examination; Objections
§ 30. Subpenas
§ 31. Affidavits

I. Committee Hearing and Review; Dismissal and Withdrawal

§ 32. Generally; Preparation of Briefs
§ 33. Dismissal and Withdrawal of Contest

[p. 439]

J. Evidence

§ 34. Generally
§ 35. Burden of Proof
§ 36. Presumptions
§ 37. Ballots
§ 38. Determination of Voter Intention

K. Inspection and Recount of Ballots

§ 39. Generally
§ 40. Grounds
§ 41. Procedure

L. Disposition of Contests; Resolutions

§ 42. Generally
§ 43. Committee Reports
§ 44. Form of Resolutions
§ 45. Costs and Expenses; Compensation and Allowances

M. Summaries of Election Contests, 1931–72

§ 46. Seventy-second Congress, 1931–32
§ 47. Seventy-third Congress, 1933–34
§ 48. Seventy-fourth Congress, 1935–36
§ 49. Seventy-fifth Congress, 1937–38
§ 50. Seventy-sixth Congress, 1939–40
§ 51. Seventy-seventh Congress, 1941–42
§ 52. Seventy-eighth Congress, 1943–44
§ 53. Seventy-ninth Congress, 1945–46
§ 54. Eightieth Congress, 1947–48
§ 55. Eighty-first Congress, 1949–50
§ 56. Eighty-second Congress, 1951–52
§ 57. Eighty-fifth Congress, 1957–58
§ 58. Eighty-sixth Congress, 1959–60
§ 59. Eighty-seventh Congress, 1961–62
§ 60. Eighty-eighth Congress, 1963–64

[p. 440]

§ 61. Eighty-ninth Congress, 1965–66
§ 62. Ninetieth Congress, 1967–68
§ 63. Ninety-first Congress, 1969–70
§ 64. Ninety-second Congress, 1971–72
Appendix
Election Contests, 1917–31

CHAPTER 10
Presidential Elections; Electoral College

§ 1. In General; Electoral Certificates
§ 2. Joint Sessions to Count Electoral Votes
§ 3. Counting Votes; Objections to Count
§ 4. Presidential Nominations for Vice President

CHAPTER 11
Questions of Privilege

A. Introductory

§ 1. In General

B. Privilege of the House

§ 2. In General; Definition
§ 3. Effecting Changes in House Rules or Orders
§ 4. Raising and Presenting the Question
§ 5. Time for Consideration; Precedence of the Question
§ 6. Recognition to Offer; Determinations as to Validity
§ 7. Consideration and Debate; Referral to Committee

C. Basis of Questions of Privilege of the House

§ 8. General Criticism of Legislative Activity
§ 9. Charges Involving Members
§ 10. Charges Involving House Officers or Employees

[p. 441]

§ 11. Correcting the Record; Expungement of Words Uttered in Debate
§ 12. Enforcement of Committee Orders and Subpenas
§ 13. Invasion of House Jurisdiction or Prerogatives
§ 14. Service of Process on Members
§ 15. Service of Grand Jury Subpena
§ 16. Service of Process on House, Its Officers, or Employees
§ 17. Service of Process on Committee Chairmen and Employees
§ 18. Authorization to Respond to Process
§ 19. Providing for Legal Counsel

D. Personal Privilege of Member

§ 20. In General; Definition
§ 21. Raising the Question; Procedure
§ 22. Debate on the Question; Speeches
§ 23. Precedence of the Question; Interrupting Other Business

E. Basis of Questions of Personal Privilege

§ 24. Introductory; General Opinion or Criticism
§ 25. Charges Before a Governmental Agency or Committee
§ 26. Charges by Fellow Member
§ 27. Words Uttered in Debate; Charges Inserted in the Record
§ 28. Published Charges of Impropriety
§ 29. Published Charges of Illegality
§ 30. Published Charges Involving Legislative Conduct
§ 31. Published Charges Involving Patriotism
§ 32. Published Charges Impugning Veracity
§ 33. Criticism of Members Collectively

[p. 442]

CHAPTER 12
Conduct or Discipline of Members, Officers, or Employees

A. Introductory; Particular Kinds of Misconduct

§ 1. In General; Codes of Conduct
§ 2. Committee Functions
§ 3. Violations of Statutes
§ 4. Violations of House Rules
§ 5. Abuse of Mailing or Franking Privileges
§ 6. Absences From the House; Indebtedness
§ 7. Misconduct in Elections or Campaigns
§ 8. Financial Matters; Disclosure Requirements
§ 9. Abuses in Hiring, Employment, and Travel
§ 10. Communications With Federal Agencies
§ 11. Acceptance of Foreign Gifts and Awards

B. Nature and Forms of Disciplinary Measures

§ 12. In General; Penalties
§ 13. Expulsion
§ 14. Exclusion
§ 15. Suspension of Privileges
§ 16. Censure; Reprimand
§ 17. Imposition of Fine
§ 18. Deprivation of Seniority Status
Appendix

CHAPTER 13
Powers and Prerogatives of the House

A. Generally

§ 1. Scope

[p. 443]

§ 2. Admitting States to the Union

B. War Powers

§ 3. In General
§ 4. War Powers Act
§ 5. Declarations of War
§ 6. —House Action
§ 7. —Senate Action
§ 8. Legislation Authorizing Military Action Prior to War Powers Act
§ 9. Pre-World War II Legislative Restrictions on Military Activity
§ 10. Vietnam Era Restrictions on Military Activity
§ 11. Receipt of Presidential Messages
§ 12. Presidential Proclamations

C. House Prerogative to Originate Revenue Bills

§ 13. In General
§ 14. Consideration of Objections
§ 15. Return of Senate Legislation
§ 16. Tabling Objection to Infringement
§ 17. Referring Objection to Committee
§ 18. Action on House Bill in Lieu of Senate Bill
§ 19. Senate Action on Revenue Legislation
§ 20. Authority to Make Appropriations

D. Congress and the Budget; Impoundment

§ 21. In General; Congressional Budget Act

E. Relations With Executive Branch

§ 22. In General; Confirmation of Nomination for Vice President
§ 23. Executive Reorganization Plans

[p. 444]

Appendix

CHAPTER 14
Impeachment Powers

A. Generally

§ 1. Constitutional Provisions; House and Senate Functions
§ 2. Who May Be Impeached; Effect of Resignation
§ 3. Grounds for Impeachment; Form of Articles
§ 4. Effect of Adjournment

B. Investigation and Impeachment

§ 5. Introduction and Referral of Charges
§ 6. Committee Investigations
§ 7. Committee Consideration; Reports
§ 8. Consideration and Debate in the House
§ 9. Presentation to Senate; Managers
§ 10. Replication; Amending Adopted Articles

C. Trial in the Senate

§ 11. Organization and Rules
§ 12. Conduct of Trial
§ 13. Voting; Deliberation and Judgment

D. History of Proceedings

§ 14. Charges Not Resulting in Impeachment
§ 15. Impeachment Proceedings Against President Nixon
§ 16. Impeachment of Judge English
§ 17. Impeachment of Judge Louderback
§ 18. Impeachment of Judge Ritter

[p. 445]

Appendix

CHAPTER 15
Investigations and Inquiries

A. Basis of Authority to Investigate; Creating Committees

§ 1. In General; Subjects of Authorizing Resolutions

B. Inquiries and the Executive Branch

§ 2. Resolutions of Inquiry and Responses
§ 3. Executive Branch Refusals to Provide Information
§ 4. Litigation to Enforce a Subpena; Senate Select Committee v Nixon
§ 5. Legislation to Obtain Information

C. Procedure; Hearings

§ 6. Limitations on Authority to Investigate—Pertinence of Inquiry
§ 7. —Intent of Witness
§ 8. —Procedural Regularity of Hearings
§ 9. Rights of Witnesses Under the Constitution—Fifth Amendment
§ 10. —First Amendment
§ 11. —Fourth Amendment
§ 12. —Sixth Amendment
§ 13. Rights of Witnesses Under House Rules
§ 14. —Right to Counsel
§ 15. Effect of Derogatory Information
§ 16. Calling Witnesses; Subpenas

D. Authority in Cases of Contempt

§ 17. In General
§ 18. Time for Consideration

[p. 446]

§ 19. Matters Decided by House
§ 20. Particular Conduct as Contumacious
§ 21. Purging Contempt
§ 22. Certification to U.S. Attorney

CHAPTER 16
Introduction and Reference of Bills and Resolutions

§ 1. Introduction
§ 2. Sponsorship
§ 3. Reference

CHAPTER 17
Committees

A. Creating and Organizing Committees

§ 1. In General
§ 2. Establishing Standing Committees; Procedure
§ 3. — Authorizing Investigations
§ 4. Committee Expenses; Use of Contingent Fund
§ 5. Establishing Select Committees; Procedure
§ 6. — Subjects of Investigation or Study
§ 7. Joint Committees

B. Committee Chairmen, Members, and Employees

§ 8. In General; Electing Chairmen
§ 9. Electing Members to Standing Committees
§ 10. Appointments to Select Committees
§ 11. Seniority Considerations
§ 12. Setting and Increasing Committee Membership
§ 13. Appointment, Employment, and Compensation of Employees

[p. 447]

C. Committee Procedure

§ 14. Generally
§ 15. Adoption of Committee Rules
§ 16. Sitting of Committees While House Is in Session
§ 17. Role of Chairman
§ 18. Members’ Access to Committee Records and Files
§ 19. Disposition of Committee Documents, Evidence, and Files
§ 20. Disclosure of Unreported Committee Proceedings
§ 21. Executive Sessions
§ 22. —Use of Information Obtained in Executive Session
§ 23. Reporting Measure From Committee Requires Quorum
§ 24. Point of Order Based on Lack of Committee Quorum—Timing
§ 25. —Effect

D. Jurisdiction of Committees

§ 26. Introduction
§ 27. Referral of Measures to Committees; Procedure
§ 28. Motions to Rerefer
§ 29. Overlapping Jurisdiction; Proposals Involving More Than One Subject
§ 30. Committee on Agriculture
§ 31. Committee on Appropriations
§ 32. Committee on Armed Services
§ 33. Committee on Banking and Currency
§ 34. Committee on the Budget
§ 35. Committee on the District of Columbia
§ 36. Committee on Education and Labor
§ 37. Committee on Foreign Affairs
§ 38. Committee on Government Operations
§ 39. Committee on House Administration
§ 40. Committee on Interior and Insular Affairs
§ 41. Committee on Internal Security

[p. 448]

§ 42. Committee on Interstate and Foreign Commerce
§ 43. Committee on the Judiciary
§ 44. Committee on Merchant Marine and Fisheries
§ 45. Committee on Post Office and Civil Service
§ 46. Committee on Public Works
§ 47. Committee on Science and Astronautics
§ 48. Committee on Small Business
§ 49. Committee on Standards of Official Conduct
§ 50. Committee on Veterans’ Affairs
§ 51. Committee on Ways and Means

E. Committee on Rules

§ 52. History and Role
§ 53. Jurisdiction and Scope of Authority
§ 54. Committee Procedure
§ 55. Reports From the Committee
§ 56. Same-day Consideration of Reported Resolution
§ 57. Consideration and Adoption by House of Resolutions Reported From the Committee

F. Committee Reports

§ 58. In General
§ 59. Form; Printing
§ 60. Comparative Prints; The Ramseyer Rule
§ 61. Cost-estimate Requirement
§ 62. Time for Filing Report
§ 63. Status as Privileged; Calling Up
§ 64. Supplemental, Minority, and Additional Views

CHAPTER 18
Discharging Matters From Committees

§ 1. In General; Motion to Discharge
§ 2. Discharging Particular Committees
§ 3. Calling Up Motion; Debate

[p. 449]

§ 4. Consideration of Discharged Measures
§ 5. Discharge of Vetoed Bills, Other Questions Privileged Under the Constitution, Resolutions of Inquiry, and Reorganization Plans Appendix-Recent History of Discharge Motions

CHAPTER 19
The Committee of the Whole

A. In General

§ 1. Jurisdiction; House as in Committee of the Whole Distinguished
§ 2. Motions and Requests Generally
§ 3. Remarks in the Congressional Record
§ 4. Resolving Into Committee of the Whole

B. The Chairman

§ 5. Speaker’s Appointment of Chairman
§ 6. Chairman’s Role; Jurisdiction
§ 7. —Limitations on the Chairman’s Jurisdiction
§ 8. —Rulings Relating to Amendments
§ 9. —Appeals of Rulings

C. Motion to Recommend Striking Enacting Clause

§ 10. Generally
§ 11. When in Order
§ 12. Procedures; Qualification to Offer or Oppose
§ 13. Debate
§ 14. Renewal of Motion

D. Consideration and Debate

§ 15. Generally
§ 16. Time Limitations
§ 17. Calling Members to Order

[p. 450]

§ 18. Reading Papers

E. Points of Order

§ 19. Generally
§ 20. Timeliness

F. Rising of the Committee of the Whole

§ 21. Generally
§ 22. Motions to Rise
§ 23. —When in Order
§ 24. —Offering the Motion
§ 25. —Proceedings Subsequent to Action on Motion
§ 26. Resumption of Business After Committee Resumes Sitting

CHAPTER 20
Calls of the House; Quorums

A. Calls of the House

§ 1. In General; Scope
§ 2. Calls Ordered on Motions; Automatic Calls
§ 3. The Chair’s Count; Names Included on Calls
§ 4. Calls by Electronic Device; Time Allowed for Attendance
§ 5. Securing Attendance; Arrests
§ 6. Closing or Locking the Doors
§ 7. The Call in the Committee of the Whole
§ 8. Motions During the Call—To Adjourn
§ 9. —To Dispense With Further Proceedings Under the Call

B. Effect of Presence or Absence of a Quorum

§ 10. Introductory
§ 11. As Related to the Journal

[p. 451]

§ 12. As Related to Prayer by the Chaplain and Messages

C. Objections to Absence of a Quorum; Points of No Quorum

§ 13. In General; Timeliness and Diligence
§ 14. Dilatoriness; Effect of Prior Count
§ 15. Proceedings Pending Call of House in Absence of Quorum
§ 16. In the Committee of the Whole
§ 17. Absence of Quorum in Standing Committee as Bar to Floor Consideration or Other Subsequent Proceedings
§ 18. Withdrawal or Withholding of Objections or Points of No Quorum

CHAPTER 21
Order of Business; Special Orders

A . General Principles

§ 1. Order Fixed by Rule and Precedent; Scheduling Business
§ 2. Prayer, Approval of Journal, and Business on the Speaker’s Table
§ 3. Unfinished and Postponed Business
§ 4. Calendar Wednesday; Morning Hour Call of Committees
§ 5. District of Columbia Business
§ 6. One-minute Speeches
§ 7. Special-order Speeches
§ 8. Varying the Order of Business

B. Motions to Suspend the Rules

§ 9. Use and Effect

[p. 452]

§ 10. When in Order
§ 11. Recognition to Offer
§ 12. Seconding the Motion; Recognition to Demand Second
§ 13. Time and Control of Debate
§ 14. Amendments to Propositions Under Suspension
§ 15. Voting on the Motion

C. Special Rules or Orders

§ 16. Authority of Committee on Rules; Seeking Special Orders
§ 17. Reports and Their Privilege
§ 18. Consideration in the House
§ 19. Interpretation and Effect

D. Types of Special Orders

§ 20. Varying Order of Business; Providing for Consideration
§ 21. ‘‘Open’’ Rules, Allowing Amendments and Making in Order Certain Amendments
§ 22. ‘‘Closed’’ Rules, Prohibiting Amendments and Allowing Only Certain Amendments
§ 23. Waiving and Permitting Points of Order
§ 24. As to Control, Distribution, and Duration of Debate
§ 25. As to Reading for Amendment
§ 26. As to Voting and Motions
§ 27. Senate Bills and Amendments; Conference Reports

E. Privileged Business

§ 28. Authority and Scope Under Constitution, Statutes, and Rules
§ 29. Certain Bills, Resolutions, and Reports
§ 30. Privileged Motions as to the Order of Business
§ 31. Relative Precedence Among Privileged Matters

[p. 453]

CHAPTER 22
Calendars

A. Introductory

§ 1. Calendars of the House
§ 2. Union and House Calendars

B. Consent Calendar

§ 3. In General
§ 4. When in Order
§ 5. Calling Measures on the Calendar
§ 6. Precedence Over Other House Business
§ 7. Measures Qualified for the Calendar
§ 8. Objection to or Passing Over Measures on the Calendar
§ 9. Debate; Amendment of Measures

C. Private Calendar; Private Bills

§ 10. In General
§ 11. Calling Up
§ 12. Objections; Disposition
§ 13. Consideration, Debate, and Amendment
§ 14. Private Bills and House-Senate Relations

CHAPTER 23
Motions

A. Introductory

§ 1. In General
§ 2. Offering, Modifying, and Withdrawing Motions; Form
§ 3. Precedence of Motions
§ 4. Dilatory Motions

[p. 454]

B. Motions to Postpone

§ 5. In General
§ 6. When in Order
§ 7. Postponement to a Day Certain
§ 8. Postponement for Indefinite Period

C. Motions to Lay on the Table

§ 9. In General; Application and Effect
§ 10. Offering Motion
§ 11. When in Order
§ 12. As Related to Other Motions; Precedence
§ 13. Taking From the Table

D. Motions for the Previous Question

§ 14. In General
§ 15. Effect of Ordering Previous Question
§ 16. Offering Motion; Who May Offer
§ 17. Rights of Proponent of Motion
§ 18. Time for Motion
§ 19. Relation to Other Matters
§ 20. Relation to Other Motions
§ 21. Debate
§ 22. Rejection of Motion as Permitting Further Consideration
§ 23. Rejection of Motion as Affecting Recognition
§ 24. Effect of Adjournment

E. Motions to Refer or Recommit

§ 25. In General
§ 26. Purpose and Effect
§ 27. Priorities in Recognition
§ 28. Offering the Motion; Procedure
§ 29. Time for Motion
§ 30. Debating the Motion
§ 31. As Related to Other Motions; Precedence

[p. 455]

§ 32. Motions to Recommit With Instructions

F. Motions to Reconsider

§ 33. In General
§ 34. Purpose and Effect; Pro Forma Motion
§ 35. Who May Offer; Calling Up
§ 36. Withdrawing the Motion
§ 37. Requirement for a Quorum
§ 38. As Related to Other Motions
§ 39. Scope and Application of Motion
§ 40. Precedence of Motion
§ 41. Debate on Motion

G. Unanimous-consent Requests

§ 42. In General; Effect
§ 43. Stating the Request; Withdrawal
§ 44. Recognizing Members for Requests
§ 45. Objecting to Requests
§ 46. Reservation of Objection
§ 47. Scope and Application of Request
§ 48. Limitations on Requests

CHAPTER 24
Bills, Resolutions, Petitions, and Memorials

A . Introductory; Various Types of Bills, Resolutions, and Other Mechanisms for Action

§ 1. In General
§ 2. Bills
§ 3. Private Bills
§ 4. Joint Resolutions
§ 5. Concurrent Resolutions
§ 6. Simple Resolutions
§ 7. Resolutions of Approval or Disapproval of Executive Plans; the ‘‘Legislative Veto’’

[p. 456]

§ 8. Resolutions of Inquiry
§ 9. Titles and Preambles
§ 10. Petitions and Memorials

B. General Procedures Associated With Passage of Legislation

§ 11. Readings
§ 12. Engrossment
§ 13. Transmission of Legislative Messages Between House and Senate
§ 14. Enrollment; Correcting Bills in Enrollment
§ 15. Signing
§ 16. Recalling Bills From the President

C. Veto Powers

§ 17. In General
§ 18. Effect of Adjournment; the Pocket Veto
§ 19. Proposals for Item Veto
§ 20. Return of Vetoed Bills
§ 21. Motions Relating to Vetoes
§ 22. Consideration and Passage of Vetoed Bills; Voting
§ 23. Disposition of Vetoed Bills After Reconsideration

D. Vacating Legislative Actions

§ 24. Procedure

CHAPTER 25
Appropriation Bills

A. Introductory Matters; Authorization of Appropriations

§ 1. Scope of Chapter
§ 2. Requirement That Appropriations Be Authorized
§ 3. Reappropriations

[p. 457]

§ 4. Appropriations in Legislative Bills
§ 5. Contingent Fund Expenditures

B. Reporting and Consideration of Appropriation Bills

§ 6. Generally; Privileged Status
§ 7. Nonprivileged Appropriations—‘‘Continuing’’ Appropriations
§ 8. Consideration Made in Order by Special Rule or Unanimous Consent
§ 9. Waiver of Points of Order—by Resolution
§ 10. General Appropriation Bills Considered by Unanimous Consent
§ 11. Consideration and Debate; Amendments
§ 12. Points of Order; Timeliness
§ 13. House-Senate Relations

CHAPTER 26
Unauthorized Appropriations; Legislation on Appropriation Bills

A. Introductory Matters

§ 1. Generally; Scope
§ 2. Points of Order; Timeliness
§ 3. Waiver of Points of Order; Perfecting Text Permitted to Remain
§ 4. The Holman Rule
§ 5. Provisions Not Within the Holman Rule
§ 6. Amendments Between the Houses

B. Appropriations for Unauthorized Purposes

§ 7. In General
§ 8. Works in Progress
§ 9. Burden of Proof of Authorization
§ 10. Evidence of Authorization

[p. 458]

§ 11. Subject Matter: Agriculture
§ 12. Commerce
§ 13. Defense and Veterans
§ 14. District of Columbia
§ 15. Environment and Interior
§ 16. Federal Employment
§ 17. Foreign Relations
§ 18. Justice
§ 19. Public Works
§ 20. Other Purposes
§ 21. Increasing Amount Beyond Authorization

C. Provisions as ‘‘Changing Existing Law’’, Generally

§ 22. In General; Burden of Proof
§ 23. Incorporating or Restating Existing Law
§ 24. Construing Existing Law; Repealing Existing Law
§ 25. Construction or Definition of Terms of Bill or Law
§ 26. Authorizing Statute as Permitting Certain Language in Appropriation Bill
§ 27. Provisions Affecting or Affected by Funds in Other Acts
§ 28. Provisions Affecting Funds Held in Trust
§ 29. Transfer of Funds Within Same Bill
§ 30. Transfer of Funds Not Limited to Same Bill
§ 31. Transfers or Disposition of Property
§ 32. Appropriations Prior to or Beyond Fiscal Year
§ 33. Increasing Limits of Authorization Set in Law
§ 34. Exceptions From Existing Law
§ 35. Change in Source of Appropriated Funds or in Methods of Financing
§ 36. Changing Prescribed Methods of Allocation or Distribution of Funds; Mandating Expenditures
§ 37. Grant or Restriction of Contract Authority
§ 38. Reimbursements
§ 39. Subject Matter: Agriculture
§ 40. Commerce

[p. 459]

§ 41. Defense and Foreign Relations
§ 42. District of Columbia
§ 43. Federal Employment
§ 44. Congressional Salaries and Allowances
§ 45. Housing and Public Works
§ 46. Other Subjects

D. Provisions as ‘‘Changing Existing Law’’: Appropriations Subject to Conditions

§ 47. Conditions Contrary to or Not Required by Law
§ 48. Conditions Precedent to Spending
§ 49. Spending Conditioned on Congressional Approval
§ 50. Conditions Imposing Additional Duties

E. Provisions as ‘‘Changing Existing Law’’; Provisions Affecting Executive Authority; Imposition of New Duties on Officials

§ 51. Restrictions on or Enlargement of Discretion
§ 52. Provisions as Imposing New Duties
§ 53. —Duties Imposed on Nonfederal Officials or Parties
§ 54. Judging Qualifications of Recipients
§ 55. President’s Authority
§ 56. Determination of National Interest
§ 57. Subject Matter: Agriculture
§ 58. Commerce
§ 59. Defense and Foreign Relations
§ 60. District of Columbia
§ 61. Education, Health, and Labor
§ 62. Interior
§ 63. Other Agencies and Departments

F. Permissible Limitations on Use of Funds

§ 64. Generally
§ 65. Imposing ‘‘Incidental’’ Duties

[p. 460]

§ 66. Exceptions From Limitations
§ 67. Subject Matter: Agriculture
§ 68. Civil Liberties
§ 69. Commerce and Public Works
§ 70. Defense
§ 71. —Military Contracts
§ 72. District of Columbia
§ 73. Education and Community Service; Health; Labor
§ 74. Federal Employment
§ 75. Foreign Relations
§ 76. Interior
§ 77. Treasury and Post Office
§ 78. Veterans’ Administration
§ 79. Other Uses

G. Limitation on Total Amount Appropriated by Bill

§ 80. Generally

CHAPTER 27
Amendments

A. Generally

§ 1. Introductory; Definitions; Form
§ 2. Pro Forma Amendments
§ 3. Effect of Special Rule; Amending Special Rule
§ 4. Recognition to Offer Amendments; Priority
§ 5. Permissible Pending Amendments
§ 6. Amendments in the Third Degree

B. When to Offer Amendment; Reading for Amendment

§ 7. In General; Reading by the Clerk
§ 8. Amendments to Text Passed in the Reading
§ 9. Amendments to Text Not Yet Read; En Bloc Amendments

[p. 461]

§ 10. Amendments to Bills Being Read by Title
§ 11. Amendments to Bills Considered as Read and Open to Amendment
§ 12. Amendments in Nature of Substitute for Several Paragraphs or Entire Bill
§ 13. Time Yielded for Amendment or Other Purposes
§ 14. Effect of Previous Question; Expiration of Time for Debate

C. Offering Particular Kinds of Amendments; Precedence and Priorities

§ 15. Introductory; Perfecting Amendments, Generally
§ 16. Motions to Strike Out and Insert
§ 17. Motions to Strike
§ 18. Substitute Amendments
§ 19. Amendments to Titles and Preambles

D. Withdrawal or Modification of Amendment

§ 20. Withdrawal
§ 21. Modification of Amendment by Proponent or Others

E. Consideration and Voting

§ 22. In General; Reading of Amendment
§ 23. Order of Consideration Generally
§ 24. Perfecting Amendments; Motions to Strike
§ 25. Substitute Amendments; Amendments in Nature of Substitute
§ 26. Committee Amendments
§ 27. Considering Amendments En Bloc
§ 28. Debating Amendments

F. Effect of Consideration or Adoption; Changes After Adoption

§ 29. Introduction; Adoption of Perfecting Amendment, Generally

[p. 462]

§ 30. Adoption of Amendment as Affecting Motions to Strike or to Strike and Insert
§ 31. Adoption of Motion to Strike Out; To Strike Out and Insert
§ 32. Amendments in Nature of Substitute; Substitute Amendments
§ 33. Amendments Pertaining to Monetary Figures
§ 34. Effecting Changes by Unanimous Consent
§ 35. Effect of Consideration or Rejection

G. House Consideration of Amendments Reported From Committee of the Whole

§ 36. In General; Demands for Separate Vote
§ 37. Order of Consideration
§ 38. Effect of Rejection of Amendment

CHAPTER 28

Amendments and the Germaneness Rule

A. General Principles

§ 1. Introduction
§ 2. Proposition to Which Amendment Must Be Germane
§ 3. Amendment as Relating to Subject Matter Under Consideration
§ 4. Committee Jurisdiction of Subject Matter as Test
§ 5. Fundamental Purpose of Amendment as Test
§ 6. Amendment Accomplishing Result of Bill by Different Method
§ 7. Amendment Substituting Different Agency to Administer Provisions
§ 8. Individual Proposition Offered as Amendment to Another Individual Proposition

[p. 463]

§ 9. General Amendments to Specific or Limited Propositions; Amendments Enlarging Scope of Proposition
§ 10. Specific Amendments to General Propositions; Amendments as Within Scope
§ 11. Amendment Adding to Two or More Propositions of Same Class
§ 12. Amendment Extending Coverage of Bill to Other Subjects of Same Class
§ 13. Proposition and Amendment as Affecting Different Classes of Persons or Entities
§ 14. Amendments Conferring Powers Not Granted in Bill
§ 15. Amendments to Appropriation Bills; Rescission Bills
§ 16. Consent Calendar Bills

B. Application of Rule to Particular Forms of Amendment or Proposition

§ 17. In General; Amendment to Special Rule; Amendment to Concurrent Resolution
§ 18. Amendment Offered to Particular Paragraph, Section, or Title
§ 19. Amendment Adding New Section or Title to Bill
§ 20. Amendment Striking Portion of Text of Bill or Amendment
§ 21. Substitute Amendment; Amendment in Nature of Substitute; Amendment to Amendment
§ 22. Committee Amendment
§ 23. Instructions in Motion to Commit or Recommit
§ 24. Amendment Proposing Permanent Legislation Offered to Temporary Legislation

C. House-Senate Relations

§ 25. Rule of Germaneness in the Senate

[p. 464]

§ 26. Senate Amendments to House Bills and Amendments; Conference Agreements
§ 27. —Amendment to Senate Amendment
§ 28. Requirement That Amendments to Motions to Instruct Conferees Be Germane

D. Amendments Imposing Qualifications or Restrictions

§ 29. In General; Amendments Providing for Exceptions or Exemptions
§ 30. Amendments Providing for Conditions or Qualifications
§ 31. —Amendment Postponing Effectiveness of Legislation Pending Contingency
§ 32. Amendments Providing for Restrictions or Limitations
§ 33. —Amendments Affecting Powers Delegated in Bill
§ 34. —Restrictions on Use or Availability of Funds

E. Relation of Amendment or Bill to Existing Law

§ 35. Amendments to Bills Which Amend Existing Law
§ 36. Amendment Repealing Existing Law to Bill Amending That Law
§ 37. Amendments to Bills Which Repeal Existing Law
§ 38. Amendments to Bills Which Incorporate Other Law or Matter
§ 39. Amendments to Bills Extending Existing Law or Authority Under Existing Law
§ 40. Amendment Continuing Temporary Law to Bill Amending That Law
§ 41. Amendment Changing Existing Law to Bill Citing or Making Minor Revisions in That Law
§ 42. Amendment Changing or Citing Existing Law to Bill Not Citing That Law

F. Procedural Matters

§ 43. Generally; Point of Order and Debate Thereon

[p. 465]

§ 44. Timeliness of Point of Order
§ 45. Consideration Under Special Rule; Waiver of Points of Order; Effect on Germaneness Requirement
§ 46. Factors in Chair’s Ruling; Refusal by Chair to Rule; Anticipatory and Hypothetical Rulings

CHAPTER 29
Consideration and Debate

A. Introductory; Initiating Consideration and Debate

§ 1. In General
§ 2. Factors Bearing on Consideration; Points of Order Against Consideration; Special Rules and Unanimous-consent Agreements

§ 3. Consideration in the Committee of the Whole
§ 4. Consideration in the House as in the Committee of the Whole
§ 5. Question of Consideration
§ 6. Questions Not Subject to Debate
§ 7. Opening and Closing Debate; Right to Close

B. Right to Recognition

§ 8. In General; Seeking Recognition
§ 9. Power and Discretion of Speaker or Chairman
§ 10. Recognition for Unanimous-consent Requests; Oneminute and Special-order Speeches
§ 11. Limitations on Power of Recognition; Basis for Denial
§ 12. Priorities in Recognition
§ 13. — Of Members of Committee
§ 14. — Of Member in Control
§ 15. — Of Opposition After Rejection of Essential Motion

[p. 466]

C. Recognition on Particular Questions

§ 16. As to Bills
§ 17. As to Conference Reports and Other House-Senate Matters
§ 18. As to Simple or Concurrent Resolutions; Special Rules
§ 19. For Offering and Debating Amendments
§ 20. For Points of Order and Debate Thereon; Objections and Inquiries; Calls of the House
§ 21. Under the Five-minute Rule
§ 22. Where Five-minute Debate Has Been Limited
§ 23. Recognition for Particular Motions and Debate Thereon

D. Control and Distribution of Time for Debate

§ 24. In General; Role of Manager

§ 25. Distribution and Alternation
§ 26. Management by Reporting Committee; One-third of Debate Time on Certain Propositions Allotted to One Opposed
§ 27. Designation of Managers
§ 28. Effect of Special Rule
§ 29. Yielding Time
§ 30. — For Motions or Amendments
§ 31. — For Debate
§ 32. Interruption of Member With the Floor
§ 33. Losing or Surrendering Control
§ 34. Control Passing to Opposition

E. Relevancy in Debate

§ 35. Debate in the House
§ 36. — On Question of Privilege
§ 37. Debate in Committee of the Whole
§ 38. Debate Under Five-minute Rule
§ 39. — General Debate in Committee of the Whole

[p. 467]

F. Disorder in Debate

§ 40. In General
§ 41. Disorderly Acts; Attire
§ 42. Manner of Address; Interruptions
§ 43. Disorderly Language
§ 44. — Reference to Senate or to Senators
§ 45. — Reference to Gallery Occupants
§ 46. References in Senate to House
§ 47. Criticism of Executive and Governmental Officials; References to Presidential or Vice Presidential Candidates
§ 48. Procedure; Calls to Order
§ 49. — The Demand That Words Be Taken Down
§ 50. — Ruling by the Speaker
§ 51. — Withdrawal or Expungement of Words; Disciplinary Measures
§ 52. — Permission to Explain or to Proceed in Order

G. References to House, Committees, or Members

§ 53. Criticism of House or Party
§ 54. Criticism of Committees or Their Members
§ 55. References to Unreported Committee Proceedings; Discussion of Ethics Committee Deliberations
§ 56. Form of Reference to Members
§ 57. Criticism of Speaker
§ 58. Criticism of Legislative Actions or Proposals
§ 59. Criticism of Statements or Tactics in Debate
§ 60. Critical References to Members
§ 61. — Use of Colloquialisms
§ 62. — Questionable Motives
§ 63. — Falsehood
§ 64. — Lack of Intelligence
§ 65. — Race and Prejudice
§ 66. — Disloyalty

[p. 468]

H. Duration of Debate in the House

§ 67. In General
§ 68. The Hour Rule
§ 69. Ten-minute, Twenty-minute, and Forty-minute Debate
§ 70. Five-minute Debate in the House as in Committee of the Whole
§ 71. Effect of Special Rules and Unanimous-consent Agreements
§ 72. Closing Debate; Senate Cloture
§ 73. One-minute, Special-order Speeches, and Morning Hour

I. Duration of Debate in the Committee of the Whole

§ 74. In General; Effect of Special Rules
§ 75. General Debate
§ 76. — Closing General Debate
§ 77. Five-minute Debate
§ 78. — Closing and Limiting Debate
§ 79. — Effect of Limitation; Distribution of Remaining Time

J. Reading Papers and Displaying Exhibits

§ 80. In General
§ 81. Voting on Permission to Read Papers
§ 82. Motions; Unanimous-consent Procedures
§ 83. Certain Readings Prohibited
§ 84. Use of Exhibits

K. Secret Sessions

§ 85. In General

[p. 469]

CHAPTER 30
Voting

A. Generally

§ 1. Introduction
§ 2. Stating and Putting the Question
§ 3. Duty to Vote
§ 4. Pairs
§ 5. Tie Votes; Supermajority Votes
§ 6. Finality of Votes Once Cast

B. Non-recorded Votes

§ 7. Voice Votes
§ 8. Voting by Division
§ 9. Demand for Division Vote
§ 10. Interruption of Division Vote
§ 11. Objections to Division Vote: Lack of Quorum
§ 12. Determining Presence of Quorum as Related to Division Vote
§ 13. Division Vote as Related to Demand for Tellers
§ 14. Division Vote as Related to Demand for Yeas and Nays
§ 15. Voting by the Chair on Division Votes
§ 16. Voting by Tellers; In General
§ 17. Demand for Tellers
§ 18. Ordering Tellers
§ 19. Appointment of Tellers
§ 20. Interruptions of Teller Votes
§ 21. Voting by the Chair on Teller Votes
§ 22. Recapitulations and Recounts of Teller Votes

C. Yeas and Nays and Other Votes of Record

§ 23. The Yeas and Nays; In General
§ 24. Demands
§ 25. —When Not in Order

[p. 470]

§ 26. Ordering of Vote
§ 27. Interruption of Vote
§ 28. Recapitulation of Roll Call Vote
§ 29. Voting by the Speaker
§ 30. Recorded Votes; In General
§ 31. The Electronic Voting System
§ 32. Requests to Alter Electronically Recorded Votes
§ 33. Demand for Vote
§ 34. Taking the Vote
§ 35. Time to Respond on a Vote
§ 36. Casting Votes After the Roll Call; Effect of Announcement of Result
§ 37. Changing Incorrectly Recorded Votes Prior to Announcement of Result
§ 38. Correction of Incorrectly Recorded Votes After Announcement of Result
§ 39. Changing Correctly Recorded Votes; Inquiries
§ 40. Effecting Vote Changes and Corrections
§ 41. Announcement of Member Pertaining to His Own Vote; Announcing How Absent Colleague Would Have Voted

D. Division of the Question for Voting

§ 42. In General
§ 43. Amendments and Substitutes Therefor
§ 44. Motions to Amend an Amendment
§ 45. Motions to Instruct Conferees; Motions to Recommit
§ 46. Motions for the Previous Question
§ 47. Motions to Rise
§ 48. Motions to Strike Out and Insert
§ 49. Propositions Affecting Several Persons
§ 50. Propositions Considered Under a Motion to Suspend the Rules
§ 51. Reports From the Committee of the Whole on Amendments Considered Therein

[p. 471]

§ 52. Motions to Recede and Concur

E. Postponing Votes; Clustering Votes; Reduced Voting Time; Separate Votes

§ 53. Evolution of House Rules on Postponement and Reduced Voting Time
§ 54. Postponing Votes
§ 55. Procedures During Postponed Proceedings
§ 56. Postponed Proceedings and the Quorum Rule
§ 57. Reduced Voting Time
§ 58. Separate Votes on Amendments in the House

F. Delegate Voting

§ 59. Delegate Voting in the Committee of the Whole

CHAPTER 31
Points of Order; Parliamentary Inquiries

A. Points of Order

§ 1. In General; Effect
§ 2. Manner of Making Point of Order
§ 3. Reserving Points of Order
§ 4. Timeliness
§ 5. Timeliness as Against Bills or Provisions Therein
§ 6. Timeliness as Against Amendments
§ 7. Debate
§ 8. Burden of Proof on Points of Order
§ 9. Waiver
§ 10. Role of Committee on Rules in Waiving Points of Order
§ 11. As Related to Other Business
§ 12. Relationship of Quorum Requirements to Points of Order
§ 13. Appeals

[p. 472]

B. Parliamentary Inquiries

§ 14. In General
§ 15. When in Order

CHAPTER 32
House-Senate Relations

A. Introductory

§ 1. In General; Messages Between the Houses
§ 2. Messages Relating to Bills
§ 3. House Action on Senate Bills
§ 4. House Action on Senate Resolutions
§ 5. House Action on Senate Amendments
§ 6. —Amending Senate Amendments; Degree of Amendment

B. Disposing of Amendments Between the Houses; Motions

§ 7. In General; Precedence
§ 8. Recognition to Offer Motions; Control of the Floor
§ 9. To Agree or Concur
§ 10. To Recede or Recede and Concur
§ 11. To Concur With an Amendment; To Recede and Concur With an Amendment
§ 12. To Insist or Adhere

CHAPTER 33
House-Senate Conferences

A. Introductory

§ 1. In General
§ 2. Motions, Resolutions, and Requests for Conference

[p. 473]

§ 3. When Motion is in Order
§ 4. Who May Request Conference

B. Conference Managers or Conferees

§ 5. In General
§ 6. Appointment by the Speaker
§ 7. Power and Discretion of Conferees
§ 8. Changing Conferees; Resignations

C. Instructions to Conferees; Motions to Instruct

§ 9. In General
§ 10. When Instructions Are in Order
§ 11. Recognition to Offer; Debate
§ 12. Binding Effect and Scope of Instructions; Violation of Instructions
§ 13. Extending Power of Managers
§ 14. When Conferees Fail to Act

D. Conference Reports

§ 15. In General
§ 16. Privilege of Filing; When in Order
§ 17. Content of Report; Corrections
§ 18. Signatures
§ 19. Limitations on Scope of Report
§ 20. Statements Accompanying Report

E. Consideration and Disposition of Report

§ 21. In General
§ 22. Calling Up as Privileged
§ 23. Who May Call Up; Reading
§ 24. Custody of the Official Papers
§ 25. Points of Order
§ 26. Waiving Points of Order
§ 27. Time for Consideration; The Three-day Rule
§ 28. Debating Reports

[p. 474]

§ 29. Disposition of Reports and Amendments in Disagreement
§ 30. Voting; Final Disposition of Report
§ 31. Rejection of Report
§ 32. Recommittal; Motions to Recommit

CHAPTER 34
Constitutional Amendments

A. Introduction

§ 1. In General
§ 2. Form of Action

B. House Consideration

§ 3. Committee Jurisdiction
§ 4. Procedures for Floor Consideration
§ 5. Voting

C. Senate Consideration; House-Senate Relations

§ 6. Senate Consideration
§ 7. Conference Reports
§ 8. Amendments Between the Houses

D. Ratification

§ 9. Generally; Certification and Publication
§ 10. Submission to the States; Records of Ratification
§ 11. State Consent; Withdrawal and Rescission of Withdrawal
§ 12. Time Limits on Ratification

CHAPTER 35
Presidential Messages & Executive Communications

§ 1. In General; Scope

[p. 475]

§ 2. Receipt and Reading of Presidential Messages
§ 3. Referral
§ 4. Joint Sessions to Receive Presidential Messages: In General
§ 5. Joint Sessions to Receive Presidential Messages: Procedure
§ 6. Letters From the President

CHAPTER 36
Ceremonies and Awards

§ 1. Scope
§ 2. Commemorative Occasions
§ 3. —Federal Holidays
§ 4. —Patriotic Observances
§ 5. —Patriotic Observances of Another Country
§ 6. —Religious Observances
§ 7. —Pan American Day
§ 8. —Flag Day; Pause for Pledge Commemoration
§ 9. —Presidential
§10. Memorial Services
§11. —Supreme Court Justices
§12. —Current and Former Members of the House and the Senate
§13. —Moments of Silence
§14. —Holocaust Days of Remembrance
§15. —Honoring Slain Capitol Police Officers
§16. —Honoring Victims of National Tragedies
§17. Former Members’ Day
§18. Birthday Felicitations
§19. Military Awards; Receptions for Generals and Astronauts
§20. Presentation of Gifts and Awards
§21. Statuary
§22. Dedication of Buildings and Structures
§23. Ceremonies for Visiting Dignitaries
§24. Congressional Gold Medals

[p. 476]

§25. Presidential Inaugurations
§26. Vice Presidential Swearing-in Ceremonies

CHAPTER 37
Resignations

A. Introduction

§ 1. Scope of Chapter
§ 2. Background

B. Resignation of a Member From the House

§ 3. Procedures and Forms
§ 4. Reason for Resignation; Inclusion in Letter of Resignation
§ 5. Conditional Resignations; Timing

C. Resignations From Committees and Delegations

§ 6. Procedures and Forms
§ 7. Reason for Resignation
§ 8. Resignations From Delegations and Commissions

D. Resignations of Officers, Officials, and Employees

§ 9. Procedure
§ 10. Tributes

CHAPTER 38
Death

§ 1. In General
§ 2. Effect of Death on House Business; Presumptive Death of Member
§ 3. Death Benefits; Claims of Survivor’s Spouse

[p. 477]

§ 4. Administration of Member’s Offices Following Death
§ 5. Announcement of Death; Accounting for Vacancies
§ 6. Resolutions of Sympathy
§ 7. Deaths of Foreign Dignitaries
§ 8. Funeral Committees
§ 9. Adjournment as Mark of Respect
§ 10. Eulogies
§ 11. Services in the Capitol
§ 12. Lying-in-State; Lying in Honor

CHAPTER 39
Recess

§ 1. In General
§ 2. Recess Authority
§ 3. Purposes

CHAPTER 40
Adjournment

A. Generally; Adjournments of Three Days or Less

§ 1. In General
§ 2. Adjournment to Another Place
§ 3. When in Order; Precedence and Privilege of Motion
§ 4. In Committee of the Whole
§ 5. Debate on Motion; Amendments
§ 6. Voting; Effect of Adoption
§ 7. Quorum Requirements
§ 8. Dilatory Motions; Repetition of Motion
§ 9. To a Day Certain; Three-day Limit

[p. 478]

B. Adjournments for More Than Three Days to Date Certain

§ 10. In General; House-Senate Adjournments for Differing Periods
§ 11. Consideration of Concurrent Resolution; Privilege, Amendment, Debate, Budget Act Restrictions
§ 12. August Recess
§ 13. Conditional Adjournments; Recall

C. Adjournment Sine Die

§ 14. In General; Privilege; Inclusion of Other Matter
§ 15. Conditional Adjournments Sine Die; Recall
§ 16. Where Required or Prohibited by Law
§ 17. Procedure and Business at Adjournment
§ 18. Business Subsequent to

CHAPTER 41
Budget Process

A. Introduction to the Budget Process

§ 1. Introduction

§ 2. Timeline of the Budget Process

§ 3. Presidential Budget Submissions

B. The Concurrent Resolution on the Budget

§ 4. Content of the Concurrent Resolution on the Budget

§ 5. Consideration of Concurrent Resolutions on the Budget

C. The Appropriations Process and the Role of Committees

§ 6. Relationship to the Appropriations Process

§ 7. Role of Committees

[p. 479]

D. Budget Act Points of Order

§ 8. Section 904

§ 9. Section 303

§ 10. Section 311

§ 11. Section 302

§ 12. Section 401(a)

§ 13. Section 401(b)

§ 14. Former Section 402(a)

§ 15. Section 315

§ 16. Section 306

E. Budgetary Enforcement in the Absence of a Budget Resolution

§ 17. ‘‘Deeming’’ Resolutions

§ 18. Committee Allocations Pursuant to Section 302

F. Reconciliation

§ 19. Introduction

§ 20. Reconciliation Directives in Budget Resolutions

§ 21. House Consideration of Reconciliation Bills

G. Pay-As-You-Go Procedures

§ 22. Introduction

§ 23. Statutory Pay-As-You-Go Act

§ 24. House PAYGO Rule

§ 25. House CUTGO Rule

H. Canceling Budget Authority

§ 26. Introduction and Sequestration Generally

§ 27. Rescissions

§ 28. Deferrals

I. The Debt Limit

§ 29. The Debt Limit

[p. 480]

J. Additional Budget Controls

§ 30. Unfunded Mandates

§ 31. Earmarks

Table of Chapters (pdf)

Deschler’s Precedents: Chapter 41 of Volume 18 (PDF Links)

Deschler-Brown-Johnson-Sullivan Precedents, Chapter 41, Volume 18, (H. Doc. 94-661), 112th Congress, 2013.

Afterword to Deschler’s

Introduction to Appendix

[BCR §075]