Ders Under Rule XI Clause

ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

the same day? What about the Puerto MR. [WILLIAM D.] MCFARLANE [of Rico bill, which failed? If we can again Texas]: Mr. Speaker, a parliamentary bring up the bill made in order by this inquiry. resolution, we can do it with the Puer- to Rico bill, or with any other bill that THE SPEAKER: The gentleman will has been defeated once during the day. state it. This bill was defeated a few hours ago. MR. MCFARLANE: Is it in order for THE SPEAKER: The Chair will answer the Chairman of the Rules Committee the gentleman’s parliamentary inquiry. to bring in a rule on a bill which we This is an effort on the part of the gentleman from New York, Chairman of defeated this afternoon and then move the Rules Committee, to bring this bill the previous question before the oppo- up under a special rule. nents have an opportunity to be heard? The question is up to the House as THE SPEAKER: It is, under the rules to whether or not that can be done. of the House. MR. MAVERICK: I did not hear the MR. O’CONNOR: Mr. Speaker, all the Chair. opponents were heard today. THE SPEAKER: This is a special rule which is under consideration and is in THE SPEAKER: It is a question for the order. House itself to determine.

C. SPECIAL RULES OR ORDERS § 16. Authority of Committee Committee on Standards of Official on Rules; Seeking Special Or- Conduct (H. Res. 1099, 90th Cong.). ders Prior to the 1946 act, Rule XI Under Rule XI clause 17,(10) the clause 35 provided that ‘‘all proposed Committee on Rules has jurisdic- action touching the rules, joint rules, tion over the rules, joint rules, and order of business shall be re- and order of business of the ferred to the Committee on Rules.’’ House.(11) And under Rule XI And Rule XI clause 45 conferred privilege on reports from the Com- 10. House Rules and Manual § 715 mittee on Rules. (1973) [Rule X clause 1(q), House For a short history of the Com- Rules and Manual § 686(a) (1979)]. mittee on Rules, including its proce- 11. The jurisdiction defined in the rule dures, composition and authority in was made effective Jan. 2, 1947, as relation to the current and past rules part of the Legislative Reorganiza- of the House, see 115 CONG. REC. tion Act of 1946. The jurisdiction 9498–501, 91st Cong. 1st Sess., Apr. was further defined in the 90th Con- 17. 1969 (insertion in the Record by gress when jurisdiction over rules re- Richard Bolling [Mo.], a member of lating to official conduct and finan- the Committee on Rules, of a short cial disclosure was transferred to the history of that committee prepared 4007 Ch. 21 § 16 DESCHLER’S PRECEDENTS clause 23, it is always in order to that a report from the Committee call up for consideration a report on Rules changes the rules of the from tile Committee on Rules on House and thus should require a such matters,(12) which report may two-thirds vote rather than a ma- be adopted in the House by a majority vote has no merit.(15) jority vote. If the report is called A major portion of the legisla- up the same day reported, it may tion considered in the House is not be considered unless so deter- considered pursuant to resolu- mined by a two-thirds vote.(13) tions, also called ‘‘rules’’ and ‘‘spe- The Committee on Rules may cial orders,’’ reported by the Com- waive any rule which impedes the mittee on Rules. As most bills re- consideration of a bill or amend- ported by the other committees of ment thereto, and points of order the House are not privileged under the rules for immediate do not lie against the consider- consideration, the special order ation of such rules, as it is for the from the Committee on Rules House to determine, by a majority gives privilege to the bill sought vote on the adoption of the resolu- to be considered in the House,(16) tion, whether certain rules should Under Rule XIII clause 1,(17) (14) be waived. Thus an objection most bills require consideration in by Walter Kravitz of the Legislative the Committee of the Whole; Reference Service of the Library of therefore the special order usually Congress). provides that it shall be in order, See also Ch. 17, supra, for further upon adoption of the resolution to information on the committee. move that the House resolve itself 12. House Rules and Manual § 729 into the Committee of the Whole (1973) [Rule XI clause 4(b), House for the consideration of the des- Rules and Manual § 729(a) (1979)]. ignated bill.(18) But if the resolu- 13. For the privilege of reports from the Committee on Rules, see § 17, infra. U.S. Const. art. I, § 5, clause 2, For consideration of and voting on which authorizes each House of Con- such reports, see § 18, infra. gress to determine the rules of its 14. For the authority of the Committee proceedings. on Rules as to waiving rules and 15. See § 16.9, infra. points of order, see §§ 16.9–16.14, 16. For a statement by Speaker Nicholas infra. Rules may also be waived by Longworth (Ohio) as to the privilege unanimous-consent requests and mo- conferred on a bill by the adoption of tions to suspend the rules; for dis- a special order, see § 16.6, infra. cussion of motions to suspend the 17. House Rules and Manual § 742 rules and their effect, see § 9, supra. (1979). The power of the House to change 18. Special orders may also provide for or to waive its rules is derived from the consideration of bills or resolu-

4008 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16 tion is for the consideration of a ment, the bill shall be reported bill not reported from committee, back to the House, where the pre- the resolution may provide that vious question shall be considered the House shall immediately re- as ordered on the bill to passage solve itself into the Committee of without intervening motion except the Whole for the consideration of the motion to recommit. The reso- the bill (since the committee of ju- lution may provide that a sepa- risdiction has in effect been dis- rate vote may be demanded on charged from the further consider- any amendments adopted in the ation of the bill). The resolution Committee of the Whole to a com- usually provides for a certain pe- mittee amendment in the nature riod of general debate (one hour or of a substitute, as otherwise only more), equally divided and con- amendments in their perfected trolled by the chairman and rank- form are reported from Committee of the Whole and voted on in the ing minority member of the re- House. Frequently, the resolution porting committee, and for read- provides that the committee ing the bill for amendment under amendment in the nature of a the five-minute rule. A ‘‘closed’’ substitute printed in the reported rule restricts or prohibits the of- version of the bill may be read as fering of amendments; an ‘‘open’’ an original bill for the purpose of rule allows the offering of ger- amendment. mane amendments from the floor. Due to the numerous possible Whether a rule is characterized as variations in the form of special a ‘‘modified open’’ or a ‘‘modified orders, only a representative sam- closed’’ rule is a matter of degree, ple is included in this and the fol- the former describing rules per- lowing sections. mitting any germane amendment The grant of jurisdiction to the with designated exceptions, and Committee on Rules is necessarily the latter prohibiting the offering broad, in order that the rules may of amendments, with designated be temporarily waived in order to exceptions. consider and pass particular The resolution will generally pieces of legislation. The only re- provide that at the conclusion of strictions on the power of the the reading of the bill for amend- Committee on Rules in reporting rules, under Rule XI clause 23,(19) tions in the House, or in the House as in the Committee of the Whole 19. House Rules and Manual § 729 (see for example §§ 20.16 and 20.17, (1973) [Rule XI clause 4(b), House infra). Rules and Manual § 729(a) (1979)].

4009 Ch. 21 § 16 DESCHLER’S PRECEDENTS are as follows: ‘‘The Committee on porting resolutions providing cer- Rules shall not report any rule or tain procedures or waiving certain order which shall provide that points of order during the further business under clause 7 of Rule consideration of bills already XXIV [the Calendar Wednesday under consideration in the House rule] shall be set aside by a vote or Committee of the Whole.(2) of less than two-thirds of the Rules or special orders are re- Members present; nor shall it requested from the Committee on port any rule or order which Rules, usually, by the committee would prevent the motion to re- which has reported, or which has commit from being made as pro- jurisdiction over, the measure to vided in clause 4 of Rule XVI.(20) be considered, and the Committee The committee’s authority extends on Rules may hold hearings and to reporting resolutions making in meetings on requested orders re- order the consideration of bills not gardless of whether the House is yet reported from standing or con- in session and reading for amendment under the five-minute ference committees,(1) and to re- rule.(3) 20. Calendar Wednesday is a little-used procedure, and is customarily dis- Power and Function of Rules pensed with by unanimous consent Committee Generally rather than by the two-thirds vote on a motion (see § 4, supra). § 16.1 During consideration of Although the Committee on Rules a resolution allowing legisla- may not prevent a motion to recom- tion to be included in an ap- mit (see § 16.19, infra), recommittal propriation bill, the func- is not in order when a bill is being tions of the Committee on considered under a motion to suspend the rules. Rules were discussed. Thus the Committee on Rules may On Jan. 23, 1932, during con- report a resolution making in order sideration of a special order from motions to suspend the rules on days not specified in the suspension rule, 2. See §§ 16.26, 16.27, infra; 8 Cannon’s which in effect precludes motions to Precedents § 2258. recommit on bills passed under that 3. See §§ 16.20–16.22, infra, for re- procedure (see 8 Cannon’s Prece- quests for special orders from the dents § 2267). Committee on Rules. See §§ 16.23– 1. See §§ 16.15–16.18, infra. A special 16.25, infra, for meetings and hear- order from the committee may even ings by the committee, including the provide for the consideration of a bill provisions of the House rules and which has not yet been introduced. 8 the rules of the committee itself in Cannon’s Precedents § 3388. the 93d Congress.

4010 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16 the Committee on Rules making tent. The entire membership of the Ap- in order on a general appropria- propriations Committee without regard tion bill certain legislative lan- to politics wanted to give the House an opportunity to pass upon it. In such a guage, Mr. John J. O’Connor, of situation I believe it to be the duty of New York, of the Committee on the Rules Committee to lay the matter Rules discussed that committee’s before the House for such action as it functions: shall see fit to take. That we have done in this case.(4) MR. O’CONNOR: Mr. Speaker, this resolution was introduced before the § 16.2 The Chairman of the Committee on Rules by the gentleman Committee on Rules dis- from Tennessee [Mr. Byrns], chairman of the Committee on Appropriations at cussed that committee’s func- the request of his committee. We were tions when calling up the informed that every member of the Ap- first major special order of propriations—Republican and Demo- the 73d Congress. cratic members—favored it except as to one gentleman objecting in one small On Mar. 21, 1933, when Wil- particular. As for the necessity for the liam B. Bankhead, of Alabama, resolution it was stated that there was the Chairman of the Committee a probability that a point of order on Rules, called up by direction of might be made against these provi- that committee a special order sions of sections 2 and 3 now carried in providing for the consideration of this agricultural appropriation bill. It a bill, he delivered some remarks was therefore thought best that the matter be laid before the House so that on the functions of the committee: the membership of the House could de- MR. BANKHEAD: Mr. Speaker, for the termine whether the provisions of benefit of a number of the new Mem- these two sections now in the bill bers of the House, it will be noticed should remain in the bill. that this is the first time since the con- It has always been my under- vening of the special session of Con- standing that the Rules Committee is gress that the consideration of a bill of not a committee that passes on the major importance has been brought merits of measures. As has often been forward under the provisions of the au- said before, that committee merely de- thority and jurisdiction of the Com- termines whether or not a measure is mittee on Rules. in accord with the program of the So this resolution provides for the House and in answer to a reasonable consideration of this measure as it is demand from the membership of the presented. No doubt the distinguished House, that they have an opportunity minority leader, as already indicated to pass their judgment upon it. It is in by some interviews in the newspapers, that customary spirit that the Rules Committee approached this resolution 4. 75 CONG. REC. 2568, 72d Cong. 1st without going into its merits to any ex- Sess.

4011 Ch. 21 § 16 DESCHLER’S PRECEDENTS

will undertake to say that this is a four hours of general debate which will very drastic rule. I admit it. The mi- give all gentlemen who desire to do so nority will also say that it is a gag a fairly reasonable opportunity to ex- rule. In the common acceptation of this press their views upon it, and at the term I admit it; but I want to say that end of that time we are going to have many years ago when, as a somewhat a vote on this bill, if the rule is adopt- green Member of the House of Rep- ed, and we are going to vote the bill as resentatives, I was assigned to service it is up or down (5) on the Committee on Rules, under Re- publican administrations for many § 16.3 The failure of a motion years, all that I absorbed or learned to suspend the rules and about so-called gag rules I learned pass a bill does not prejudice while sitting at the feet of the distinguished gentleman from New York, the status of a bill and the Mr. Snell, and his associates. Committee on Rules may I may say to the new Members of subsequently bring in a spe- this Congress, also, and we might as cial rule providing for its well be candid and frank about the consideration and requiring function and jurisdiction of the Com- only a majority vote for its mittee on Rules, the gentleman from New York and his associates well know passage. what these functions are. The Com- On June 5, 1933,(6) Mr. John E. mittee on Rules is the political and pol- Rankin, of Mississippi, moved to icy vehicle of the House of Representa- suspend the rules and pass a bill tives to effectuate the party program and the party policy. This is what it is, relating to the appointment of the nothing more and nothing less, and al- Governor of Hawaii; the motion though, individually, I express the failed to obtain two-thirds (yeas opinion here and now that we regret 222, nays 114). Speaker Henry T. the necessity sometimes of bringing Rainey, of Illinois, responded to a resolutions upon the floor of this House parliamentary inquiry: that will prevent the ordinary freedom of action and freedom of offering MR. [THOMAS L.] BLANTON [of amendments, there come times when, Texas]: Mr. Speaker, a parliamentary under our system of party government, inquiry. the Committee on Rules, acting as I THE SPEAKER: The gentleman will have suggested, is requested, as we state it. have been requested in this instance, MR. BLANTON: If that motion [to lay by the leadership of the House, to on the table the motion to reconsider] bring in the rule that we now have is carried, then the Rules Committee under consideration, for reasons which they thought were wise and appro- 5. 77 CONG. REC. 665, 666, 73d Cong. priate under the circumstances. 1st Sess. So if you adopt this rule for the con- 6. 77 CONG. REC. 5015, 5022, 5023, 73d sideration of this bill, it provides for Cong. 1st Sess.

4012 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

nevertheless will be able to bring in a to Rico bill, or with any other bill that rule tomorrow to take that bill up has been defeated once during the day. when it can be passed by a majority This bill was defeated a few hours ago. vote? THE SPEAKER: The Chair will answer THE SPEAKER: The Rules Committee the gentleman’s parliamentary inquiry. can bring in a bill suspending the This is an effort on the part of the gen- rules. tleman from New York, Chairman of Parliamentarian’s Note: The the Rules Committee, to bring this bill up under a special rule. motion to reconsider is no longer The question is up to the House as utilized following a negative vote to whether or not that can be done. on a motion to suspend the rules MR. MAVERICK: I did not hear the (see § 15.7, supra). Chair. On June 6, the Committee on THE SPEAKER: This is a special rule Rules reported a resolution pro- which is under consideration and is in viding for the consideration of the order. MR. [WILLIAM D.] MCFARLANE [of bill, and the resolution was adopt- Texas]: Mr. Speaker, a parliamentary ed by the House on June 7. inquiry. ( ) On Aug. 24, 1935, 7 there was THE SPEAKER: The gentleman will called up by direction of the Com- state it. mittee on Rules a resolution mak- MR. MCFARLANE: Is it in order for ing in order the consideration of a the Chairman of the Rules Committee bill which had on that day failed to bring in a rule on a bill which we defeated this afternoon and then move of passage on suspension of the the previous question before the oppo- rules. Speaker Joseph W. Byrns, nents have an opportunity to be heard? of Tennessee, answered par- THE SPEAKER: It is, under the rules liamentary inquiries on the power of the House. of the Committee on Rules: MR. [JOHN J.] O’CONNOR [of New York]: Mr. Speaker, all the opponents MR. [MAURY] MAVERICK [of Texas]: were heard today. Mr. Speaker, a parliamentary inquiry. THE SPEAKER: It is a question for the THE SPEAKER: The gentleman will House itself to determine. state it. MR. MAVERICK: After a bill has been Parliamentarian’s Note: Jeffer- passed on, can it be brought up again son’s Manual states [at § 515, the same day? What about the Puerto House Rules and Manual (1979)] Rico bill, which failed? If we can again that it is not in order to consider bring up the bill made in order by this a bill the same as one already re- resolution, we can do it with the Puer- jected in the same session; this 7. 79 CONG. REC. 14652, 74th Cong. 1st prohibition may be waived by a Sess. resolution reported from the Rules 4013 Ch. 21 § 16 DESCHLER’S PRECEDENTS

Committee providing for consider- Chair, but is a question for the House ation. to decide, whether it wants to consider such legislation. The Chair overrules the point of § 16.4 The question whether order. the House will consider a resolution making in order § 16.5 Objection having been the consideration of a bill made to a unanimous-con- which seeks to amend a non- sent request to take from the existing law is a matter for Speaker’s table a bill with the House and not the Chair Senate amendments thereto, to decide. disagree to the amendments On May 13, 1953,(8) Mr. Leo E. and agree to a conference, Allen, of Illinois, called up, by di- the Committee on Rules met rection of the Committee on immediately and reported Rules, a resolution providing for out a resolution to accom- the consideration of a bill to plish such action; it was amend the ‘‘Submerged Lands agreed by a two-thirds vote Act,’’ reported from the Committee to consider the resolution on the Judiciary. Speaker Joseph and the resolution was W. Martin, Jr., of Massachusetts, adopted that day. overruled a point of order against On Aug. 9, 1949, Mr. J. the consideration of the resolu- Vaughan Gary, of Virginia, asked tion: unanimous consent to take from the Speaker’s table the bill H.R. MR. [MICHAEL A.] FEIGHAN [of Ohio]: 4830 (foreign aid appropriations) Mr. Speaker, a point of order. with Senate amendments thereto, THE SPEAKER: The gentleman will disagree to the amendments, and state it. agree to the conference asked by MR. FEIGHAN: Mr. Speaker, I make a the Senate. Mr. Vito Marcantonio, point of order against the consideration of this rule because it attempts to of New York, having objected to make in order the consideration of the the request, the Committee on bill H.R. 5134, which is a bill to amend Rules held a meeting, reported a nonexisting act. out a resolution making in order THE SPEAKER: The Chair will state the action requested by Mr. Gary, that the point of order that has been and the House agreed to consider raised by the gentleman from Ohio is the resolution by a two-thirds vote not one within the jurisdiction of the and adopted the resolution.(9)

8. 99 CONG. REC. 4877, 83d Cong. 1st 9. 95 CONG. REC. 11139–46, 81st Cong. Sess. 1st Sess.

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Parliamentarian’s Note: This make the point of order that the reso- function of the Committee on lution from the Committee on Rules is Rules has been exercised less fre- not in order because it relates to a bill which is not now upon the calendar of quently since adoption (on Jan. 4, the House under the conditions and in 1965, H. Res. 8, 89th Cong. 1st the status which existed when this res- Sess.) of that portion of clause 1 olution was adopted by the Committee Rule XX permitting a motion to go on Rules. to conference when authorized by The calendar shows that H.R. 12549 the committee with legislative ju- was reported to the House on June 24, 1930, Report No. 2016, and was placed risdiction. on the House Calendar. The resolution or rule now called up for consideration § 16.6 The effect of a special by the Committee on Rules was pre- rule providing for the consid- sented to the House June 20, 1930, eration of a bill is to give to and therefore before the bill on the cal- the bill the privileged status endar had been reported to the House. for consideration that a rev- Of course, we all know that this bill enue or appropriation bill is now upon the calendar for the third time. A previous rule was adopted for has under Rule XVI clause 9. its consideration on June 12, 1930, and On June 28, 1930,(10) Mr. Fred at that time a point of order was made, S. Purnell, of Indiana, called up when it was sought to take up the bill by direction of the Committee on in Committee of the Whole House on the state of the Union, on the ground Rules, House Resolution 264, pro- that the report did not comply with the viding that upon the adoption of Ramseyer rule. Subsequently, after the the resolution it be in order to present rule was presented in the move that the House resolve itself House on June 20, 1930, I think it is into the Committee of the Whole well known that another irregularity for the consideration of a par- in the adoption of the report became known, so on June 23, if my recollec- ticular bill, and providing for that tion is correct, the chairman of the bill’s consideration. Speaker Nich- Committee on Patents obtained unani- olas Longworth, of Ohio, overruled mous consent to withdraw the bill and a point of order against the reso- the report, and the bill was thereupon lution and characterized the effect again reported the following day and of such a resolution from the Com- placed upon the House Calendar. The situation is novel and arises, so mittee on Rules: far as I can learn, for the first time, MR. [CARL R.] CHINDBLOM [of Illi- and it raises the question whether the nois]: Mr. Speaker, if pressed, I will Committee on Rules has authority in advance of the report of a bill, and in 10. 72 CONG. REC. 11994, 11995. 71st advance of the placing of a bill on any Cong. 2d Sess. calendar of the House, to bring in a

4015 Ch. 21 § 16 DESCHLER’S PRECEDENTS

rule for the consideration of the bill rather stormy passage. It has been under the general rules of the House, twice rereferred to the committee, but as this resolution does, because the as the bill now appears, so far as the rule merely makes it in order to move Chair is advised, it is properly on the that the House resolve itself into the calendar as of June 24, 1930, and this Committee of the Whole House on the special rule is properly reported to con- state of the Union for the consideration sider that bill. The Chair thinks that of the bill. As I construe the rule, it all that special rules of this sort do is does not suspend any of the rules of to put bills for which they are provided the House in reference to the consider- in the same status that a revenue or ation of legislation. It does not suspend appropriation bill has under the gen- the rule which requires bills to be upon eral rules of the House. Clause 9 of the calendar of the House before they Rule XVI provides: can have consideration. It merely At any time after the reading of makes it in order to move that the the Journal it shall be in order, by House resolve itself into the Com- direction of the appropriate committees, to move that the House resolve mittee of the Whole House on the state itself into the Committee of the of the Union for the consideration of Whole House on the state of the the bill. Union for the purpose of considering MR. [JOHN Q.] TILSON [of Con- bills raising revenue, or general ap- necticut]: Mr. Speaker, will the gen- propriation bills. tleman yield? Now all that this special rule does is MR. CHINDBLOM: Yes. to give the same status to this par- MR. TILSON: Does not the effect of ticular bill at this particular time. The this resolution date from the time it is Chair has no hesitation in saying that adopted by the House, and not from the Committee on Rules has acted with the time it was reported by the Com- authority, and that it will be in order mittee on Rules? And if we to-day in to move that the House resolve itself the House adopt the rule, is not the ef- into the Committee of the Whole fect of the rule to be applied as of to- House on the state of the Union for the day, and not three or four days ago, consideration of this bill after the reso- when the rule was reported? lution is passed. THE SPEAKER: The Chair is prepared to rule. It is not necessary to pass Rules Committee Jurisdiction upon the question of whether the origi- Over Order of Business. nal rule for the consideration of this bill is still alive or not. The Chair, § 16.7 The Speaker stated in when the matter was originally sub- overruling a point of order mitted to him, informally expressed a against a special order from grave doubt as to whether it would be the Committee on Rules that considered alive. But this rule is an entirely different rule. It appears now for the committee could report a the first time for consideration. The resolution to change the Chair is aware that this bill has had a rules of the House on any 4016 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

matter except that which is Rules to change the rules of the House, prohibited by the Constitu- which is permissible on anything except that which is prohibited by the tion. Constitution. On Sept. 3, 1940,(11) there was The point of order is overruled. pending before the House a spe- Parliamentarian’s Note: Rule XI cial order from the Committee on clause 17 gives jurisdiction to the Rules providing for the consider- Committee on Rules over the ation of, and providing for two rules, joint rules, and order of days of general debate on, a bill. business of the House. But under Speaker pro tempore Jere Cooper, Rule XI clause 23, the Committee of Tennessee, overruled a point of on Rules may not report any order order against the resolution: providing that business under MR. [VITO] MARCANTONIO [of New Rule XXIV clause 7 (Calendar York]: Mr. Speaker, a point of order. Wednesday) shall be dispensed THE SPEAKER PRO TEMPORE: The with by less than a two-thirds gentleman will state it. vote, or any order operating to MR. MARCANTONIO: Mr. Speaker, I prevent the motion to recommit make the point of order that the resolution is contrary to the unwritten law being made pursuant to Rule XVI (12) of the House. It has been the universal clause 4. practice, custom, and tradition of the House to have debate fixed by hours. § 16.8 To a bill amending the This resolution fixes general debate by rules of the House [Legisla- days. This is entirely meaningless, be- tive Reorganization Act of cause a day may be terminated by a 1970] being considered pur- motion that the Committee rise or by suant to a resolution prohib- adjournment, and for that reason I press my point of order. iting amendments to the bill THE SPEAKER PRO TEMPORE: The ‘‘which would have the effect Chair is prepared to rule. The gen- of changing the jurisdiction tleman from New York makes the point of order that the resolution is 12. Rule XI clause 17, House Rules and contrary to the unwritten rules of the Manual § 715 (1973) [Rule X clause House in that general debate is fixed 1(q), House Rules and Manual by days instead of hours. § 686(a) (1979)]. Rule XI clause 23, In the first place, the point of order House Rules and Manual § 729 comes too late. (1973) [Rule XI clause 4(b), House In the second place, this is a resolu- Rules and Manual § 729(a) (1979)]. tion reported by the Committee on Rule XXIV clause 7, House Rules and Manual § 897 (1979). Rule XVI 11. 86 CONG. REC. 11359, 11360, 76th clause 4, House Rules and Manual Cong. 3d Sess. § 782 (1979).

4017 Ch. 21 § 16 DESCHLER’S PRECEDENTS

of any committee of the ‘‘Sec. 123(a) Clause 23 of Rule XI of the Rules of the House of Rep- House listed in Rule XI,’’ an resentatives is amended by adding at amendment to clause 23 the end thereof the following: ‘In ad- [clause 4(b), House Rules and dition, the Committee on Rules shall not report any rule or order for the Manual (1979)] of Rule XI consideration of any legislative proscribing the power of the measure which limits, restricts, or eliminates the actual reading of that Committee on Rules to re- measure for amendment or the offer- port special orders which ing of any amendment to that meas- would limit the reading of a ure.’.’’. . . measure for amendment or MR. [H. ALLEN] SMITH of California: the offering of amendments Mr. Chairman, I raise the point of order that this very definitely limits thereto, was ruled out of the jurisdiction of the Rules Committee order as an attempt to and would prohibit us from issuing a change the jurisdiction of closed rule and other types of rules. the Committee on Rules. The rule under which this measure was considered strictly prohibits the On July 29, 1970, the Legisla- changing of any jurisdiction of any tive Reorganization Act of 1970 committee. (H.R. 17654) was being read for THE CHAIRMAN: Does the gentleman amendment in the Committee of from Indiana desire to be heard on the point of order? the Whole pursuant to a special MR. JACOBS: Mr. Chairman, as I un- order (H. Res. 1093) prohibiting derstand the term ‘‘jurisdiction,’’ it the offering of amendments which means the territory or subject matter would change the jurisdiction of over which legal power is exercisable, not the rules by which such power pro- House committees. Chairman Wil- ceeds. liam H. Natcher, of Kentucky, THE CHAIRMAN: The Chair is pre- sustained a point of order against pared to rule. an amendment (and discussed the The Chair would like to point out to jurisdiction of the Committee on the gentleman from Indiana that Rules): (13) under House Resolution 1093 we have the following language, beginning in MR. [ANDREW] JACOBS [Jr., of Indi- line 11: ana]: Mr. Chairman, I offer an amend- No amendments to the bill shall be ment. in order which would have the effect The Clerk read as follows: of changing the jurisdiction of any committee of the House listed in Amendment offered by Mr. Jacobs: Rule XI. On page 39, after line 4, add the following new section: Therefore, the Chair sustains the point of order. 13. 116 CONG. REC. 26414, 91st Cong. 2d MR. JACOBS: Mr. Chairman, a par- Sess. liamentary inquiry.

4018 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

THE CHAIRMAN: The gentleman will called up by direction of the Com- state his parliamentary inquiry. mittee on Rules House Resolution MR. JACOBS: Mr. Chairman, my parliamentary inquiry is for some enlight- 253, providing for the consider- enment about the word ‘‘jurisdiction’’ ation of two conference reports on itself, the definition of the word ‘‘juris- the same bill together as one, for diction’’? Does it refer to subject matter and territory, or relate to the manner the purposes of debate and voting. in which the Committee on Rules can Speaker Nicholas Longworth, of make a report within its jurisdiction? Ohio, overruled a point of order THE CHAIRMAN: The Chair would like to point out to the gentleman from against the resolution, where the Indiana that under the amendment of- point of order was based on the fered by the gentleman from Indiana fact that the resolution waived all there is the following language: points of order in the consider- The Committee on Rules shall not ation of the reports: report any rule or order for the consideration of any legislative measure MR. [JOHN J.] O’CONNOR [of New which limits, restricts, or eliminates York]: Mr. Speaker, I desire to make a the actual reading of that measure point of order against the resolution. for amendment or the offering of any amendment to that measure. THE SPEAKER: The gentleman will state it. Therefore the amendment offered by MR. O’CONNOR of New York: The the gentleman from Indiana restricts the jurisdictional powers of the Com- resolution provides that ‘‘in the consid- mittee on Rules. For that reason the eration of the reports all points of point of order must be sustained. order shall be waived.’’ Points of order are based on the rules of the House, ei- Waiver of Rules by Special Or- ther the few published rules or the ders precedents and rulings by presiding of- ficers. This resolution proposes to do § 16.9 Rules of the House may what should be done by a motion to be changed or temporarily suspend the rules. The difficulty is, however, that to suspend the rules a suspended by a majority vote two-thirds vote is required. This is not by the adoption of a resolu- a resolution brought in for the purpose tion from the Committee on of obtaining by a majority vote the di- Rules providing for such a rect repeal of all of the rules of the change, such as waiving House but is intended to serve a cer- points of order in the consid- tain specific purpose in reference to only one measure of the House. For in- eration of a bill. stance, the rule relating to Calendar On June 14, 1930,(14) Mr. Wednesday requires that to set that Bertrand H. Snell, of New York, aside there must be a two-thirds vote. The rule prohibiting legislation on an 14. 72 CONG. REC. 10694, 71st Cong. 2d appropriation bill could not be set Sess. aside, in my opinion, by this method,

4019 Ch. 21 § 16 DESCHLER’S PRECEDENTS

and that applies to other rules of the tion rather than within the juris- House. Points of order being rules of diction of the Committee on Edu- the House, in my opinion this resolu- cation and Labor, which had re- tion violates the rules of the House, in that it sets aside all rules relating to ported the bill. (Under normal points of order. procedure, a point of order based MR. SNELL: Mr. Speaker, I should be on committee jurisdiction cannot very glad to argue the point of order be raised after a committee to with the gentleman if I knew what his which has been referred a bill has point of order is, but from anything my reported it, the proper remedy friend has said so far, I am unable to identify it. being a motion to correct ref- THE SPEAKER: The Chair will state it erence.) is not necessary. This is a very ordi- In response to a parliamentary nary proceeding. It has been done hun- inquiry, Speaker Carl Albert, of dreds of times to the knowledge of the Oklahoma, indicated that a major- Chair. The Chair overrules the point of ity vote, and not a two-thirds vote, order. would be required to adopt the ( ) On Oct. 27, 1971, 15 the House resolution: had under consideration House Resolution 661, reported from the MR. [SPARK M.] MATSUNAGA [of Ha- waii]: Mr. Speaker, a parliamentary in- Committee on Rules and pro- quiry. viding for consideration of H.R. THE SPEAKER: The gentleman will 7248, to amend and extend the state the parliamentary inquiry. Higher Education Act and for MR. MATSUNAGA: Mr. Speaker, at other purposes. The resolution this point is it proper for the Speaker waived points of order against the to determine whether a two-thirds vote would be required for the passage of committee amendment in the na- this resolution, House Resolution 661, ture of a substitute for failure to or merely a majority? comply with Rule XVI clause 7 THE SPEAKER: The resolution from (germaneness) and Rule XXI the Committee on Rules makes in clause 4 [clause 5 in the 96th Con- order the consideration of the bill (H.R. gress] (appropriations in a legisla- 7248) and a majority vote is required tive bill) and also provided that for that purpose. MR. MATSUNAGA: Even with the ref- points of order could be raised erence to the last section, Mr. Speaker, against portions of the bill whose relating to the raising of a point of subject matter was properly with- order on a bill which is properly re- in another committee’s jurisdic- ported out by a committee to which the bill was referred, which would in effect 15. 117 CONG. REC. 37768, 92d Cong. 1st contravene an existing rule of the Sess. House?

4020 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

THE SPEAKER: The Committee on lution is contrary to the unwritten law Rules proposes to make in order in its of the House. It has been the universal resolution (H. Res. 661) the oppor- practice, custom, and tradition of the tunity to raise points of order against House to have debate fixed by hours. the bill on committee jurisdictional This resolution fixes general debate by grounds, but as is the case with any days. This is entirely meaningless, be- resolution reported by the Committee cause a day may be terminated by a on Rules making a bill a special order motion that the Committee rise or by of business, only a majority vote is re- adjournment, and for that reason I quired. press my point of order. MR. MATSUNAGA: I thank the Speak- THE SPEAKER PRO TEMPORE: The er. Chair is prepared to rule. The gentleman from New York makes the § 16.10 The Speaker stated in point of order that the resolution is overruling a point of order contrary to the unwritten rules of the against a special order from House in that general debate is fixed the Committee on Rules that by days instead of hours. In the first place, the point of order the committee could report a comes too late. resolution to change the In the second place, this is a resolu- rules of the House on any tion reported by the Committee on matter except that which is Rules to change the rules of the House, prohibited by the Constitu- which is permissible on anything ex- tion. cept that which is prohibited by the Constitution. (16) On Sept. 3, 1940, there was The point of order is overruled. pending before the House a special order from the Committee on § 16.11 It is for the House, and Rules providing for the consider- not the Chair, to decide upon ation of, and providing for two the efficacy of adopting a days of general debate on, a bill. special rule which has the ef- Speaker pro tempore Jere Cooper, fect of setting aside the of Tennessee, overruled a point of standing rules of the House order against the resolution: insofar as they impede the MR. [VITO] MARCANTONIO [of New consideration of a particular York]: Mr. Speaker, a point of order. bill; it is not within the prov- THE SPEAKER PRO TEMPORE: The ince of the Chair to rule out, gentleman will state it. on a point of order, a resolu- MR. MARCANTONIO: Mr. Speaker, I tion reported by the Com- make the point of order that the reso- mittee on Rules which is 16. 86 CONG. REC. 11359, 11360, 76th properly before the House Cong. 3d Sess. and which provides for a 4021 Ch. 21 § 16 DESCHLER’S PRECEDENTS

special order of business (ab- THE SPEAKER: The Chair will state rogating the provisions of that the Chair has previously [see foot- note 18, infra] ruled on the point of Rule XX clause 1). order raised by the gentleman, and the On Nov. 28, 1967,(17) the pre- matter is one that is now before the vious question had been moved on House for the consideration of the House Resolution 985, called up House, and the will of the House. by direction of the Committee on For the reasons heretofore stated and now stated, the Chair overrules Rules, providing for concurring in the point of order. a Senate amendment to a House MR. JONES of Missouri: Respectfully, bill; the resolution was necessary Mr. Speaker, a parliamentary inquiry. in order to waive the requirement THE SPEAKER: The gentleman will of Rule XX clause 1 [House Rules state his parliamentary inquiry. and Manual § 827 (1979)], that MR. JONES of Missouri: Mr. Speaker, Senate amendments be considered can the Chair tell me under what au- in Committee of the Whole if they thority the House can consider this in the House rather than in the Com- would be subject to that procedure mittee of the Whole House on the where originating in the House. State of the Union, in view of rule XX Speaker John W. McCormack, of which says it shall first be considered Massachusetts, overruled a point in the Committee of the Whole House of order against the resolution: on the State of the Union? THE SPEAKER: The Chair will state MR. [PAUL C.] JONES of Missouri: that the House can change its rules at Mr. Speaker, I make a point of order any time upon a resolution that is against a vote on this resolution, and I properly before the House reported by make the point of order based entirely the Committee on Rules. The present on rule XX, which says that any resolution has been put before the amendment of the Senate to any House by the Committee on Rules House bill shall be subject to a point of order that it shall first be considered within the authority of the Committee in the Committee of the Whole House on Rules, therefore the matter presents on the State of the Union. If it origi- itself for the will of the House. nated in the House it would be subject MR. JONES of Missouri: Mr. Speaker, to that point of order. I believe there is a further parliamentary inquiry. no question about it being subject to a The reason I am making this is that point of order should it originate here I want to get some record on this for in this House. Until that issue is de- this reason: The Chair has said that bated in the Committee of the Whole the Committee on Rules may make a House on the State of the Union I be- resolution which has not been adopted lieve that we are violating rule XX of by the House which summarily the House rules. amends the Rules of the House which the Members of the House are sup- 17. 113 CONG. REC. 34038, 34039, 90th posed to rely upon. This rule has not Cong. 1st Sess. been adopted as yet.

4022 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

THE SPEAKER: The Chair will state tion waiving points of order that the Committee on Rules has re- against provisions in a legis- ported the rule under consideration— lative bill containing appro- MR. JONES of Missouri: But it has never been voted upon. priations in violation of Rule THE SPEAKER: The Chair will state XXI clause 4 (clause 5 in the that we are about to approach that 96th Congress) and it is not matter now. in order to make such points MR. JONES of Missouri: And I am of order when the resolution challenging that, and the point of order and not the bill is before the is made that we cannot vote on that because it says in rule XX that this House. first shall be considered in the Com- On Aug. 1, 1939,(19) there was mittee of the Whole House on the pending before the House a reso- State of the Union. lution from the Committee on THE SPEAKER: The Chair cannot be Rules providing for the consider- any more specific or clear in respond- ing to the point of order or in answer- ation of a bill reported from the ing the gentleman’s parliamentary in- Committee on Banking and Cur- quiry. rency and waiving points of order The matter is properly before the against the bill (certain sections of House and it is a matter on which the the bill contained appropriations House may express its will. in a legislative bill). Speaker Wil- The Speaker had previously, liam B. Bankhead, of Alabama, when the resolution was called overruled a point of order against up, overruled the same point of the resolution where the point of order: (18) order was directed against those sections of the bill: THE SPEAKER: The Chair is prepared to rule. The Chair has given serious MR. [JOHN] TABER [of New York]: consideration to the point of order Mr. Speaker, I make a point of order raised by the gentleman from Missouri. against certain sections of the bill re- The Committee on Rules has reported ferred to in the rule. out a special rule. It is within the au- THE SPEAKER: Does the gentleman thority of the rules, and a reporting desire to make a point of order against out by the Rules Committee is con- the resolution? sistent with the rules of the House. MR. TABER: Against certain sections Therefore, the Chair overrules the of the bill referred to in the resolution. point of order. THE SPEAKER: The Chair will not en- tertain that point of order, because the § 16.12 The Committee on matter now pending before the House Rules may report a resolu- 19. 84 CONG. REC. 10710, 10711, 76th 18. Id. at pp. 34032, 34033. Cong. 1st Sess.

4023 Ch. 21 § 16 DESCHLER’S PRECEDENTS

is whether or not it should agree to the the bill or to its consideration, but I resolution making a certain bill in have cited to the Chair cases where order.... such points of order have been made The Chair has no disposition to limit and have been sustained when the bill the argument of the gentleman from itself was not under consideration. New York [Mr. Taber], but the Chair is THE SPEAKER: The Chair has under- very clearly of the opinion that the taken to make it plain that the Chair’s points of order the gentleman seeks to decision is based very largely upon the raise against certain provisions of the proposition that the resolution now bill are not in order at this time. The being considered specifically waives all House is now considering a resolution points of order that may be made providing for the consideration of the against the bill, and includes those bill against which the gentleman de- matters evidently against which the sires to raise certain points of order. gentleman has in mind in making The resolution which is now being con- points of order. sidered itself provides, if adopted, that all points of order against the bill are § 16.13 The House rejected a waived. This is no innovation or new resolution reported from the matter. Time after time the Committee Committee on Rules, pro- on Rules has brought to the House res- viding for the consideration olutions waiving points of order against bills. Under the general rules of a bill improperly reported of the House, the Chair will say to the (failure of a quorum to order gentleman, aside from the consider- the bill reported). ations which the Chair has mentioned, On July 23, 1973,(20) the House points of order cannot be raised against the bill until the section is rejected House Resolution 495, reached in the bill which attempts to called up by Mr. Claude D. Pep- make appropriations and against per, of Florida, by direction of the which the point of order is desired to Committee on Rules and pro- be made. viding for the consideration of For those reasons the Chair does not H.R. 8929 (to amend title 39, on feel like recognizing the gentleman at the reduced mailing rate for cer- this juncture to state points of order against the proposed bill. tain matter). The resolution spe- MR. TABER: May I call the attention cifically waived Rule XI clause of the Chair to the last sentence in 27(e) (clause 2(1)(2)(A) in the 96th clause 4 of rule XXI: Congress) in relation to the bill; A question of order on an appro- that clause provided that a priation in any such bill, joint resolu- quorum must actually be present tion, or amendment thereto may be raised at any time. when a bill is ordered reported by

There have been decisions holding 20. 119 CONG. REC. 25482, 93d Cong. 1st that the point of order would not lie to Sess.

4024 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16 a committee, a requirement that have the effect of remedying such was not followed in the reporting defects: of the bill in question. MR. [CARL E.] MAPES [of Michigan]: Mr. Speaker, in order to protect the § 16.14 Despite certain defects rights of the Committee on Rules, will in the consideration or re- the Chair permit this observation? The porting of a bill by a stand- gentleman from New York slept on his rights further until the Committee on ing committee, such defects Rules reported a rule making the con- may be remedied by a special sideration of this measure in order. rule from the Committee on Even though the reference had been erroneous and the point of order had Rules. been otherwise made in time, the Com- On May 2, 1939,(1) Mr. Samuel mittee on Rules has the right to Dickstein, of New York, made a change the rules and report a rule making the legislation in order. This point of order against an order of point also might be taken into consid- business resolution reported by eration by the Speaker, if necessary. the Committee on Rules and THE SPEAKER: The Chair is of the called up for consideration, on the opinion that the statement made by the gentleman from Michigan, al- ground that the bill made in order though not necessary to a decision of by the resolution had been re- the instant question, is sustained by a ferred to, considered by, and re- particular and special decision ren- ported from a committee (the dered by Mr. Speaker Garner on a similar question. The decision may be Committee on the Judiciary) found in the Record of February 28, which had no jurisdiction over the 1933. In that decision it is held, in ef- subject matter involved. After ex- fect, that despite certain defects in the tended argument on the point of consideration or the reporting of a bill by a standing committee, such defects order, Speaker William B. may be remedied by a special rule from Bankhead, of Alabama, overruled the Committee on Rules making in the point of order on the ground order a motion to consider such bill. that after a public bill has been The Chair thinks that that decision by Mr. Speaker Garner clearly sustains reported it is not in order to raise the contention made by the gentleman a question of committee jurisdic- from Michigan.(2) tion. The Speaker further com- On July 23, 1942,(3) Mr. John E. mented that even if there were de- Rankin, of Mississippi, made a fects in the committee consideration and report, the rule from 2. For the Feb. 28, 1933, decision re- the Committee on Rules would ferred to by the Chair, see 76 CONG. REC. 5247–49, 72d Cong. 2d Sess. 1. 84 CONG. REC. 5052–55, 76th Cong. 3. 88 CONG. REC. 6541, 6542, 77th 1st Sess. Cong. 2d Sess.

4025 Ch. 21 § 16 DESCHLER’S PRECEDENTS point of order against a bill ‘‘not a bill by reason of specific defects legally before the House,’’ on the in committee reports. For exam- grounds that the committee of ju- ple, the failure of a committee to risdiction, the Committee on Elec- comply with the ‘‘Ramseyer’’ rule tion of President, Vice President, (Rule XIII clause 3, House Rules and Representatives in Congress, and Manual § 745 [1979]) may be had never reported the bill with a raised after the House agrees to a quorum present. Speaker Sam resolution making the consider- Rayburn, of Texas, responded as ation of the bill in order and be- follows: fore the House resolves itself into

THE SPEAKER: The Chair is ready to the Committee of the Whole to rule. consider the bill unless the rule At this time there is no bill pending has waived that point of order. before the House. A resolution reported by the Committee on Rules will be pre- Orders for Considering Unre- sented to the House, which, if adopted, ported Measures will make in order the consideration of H.R. 7416. If the Committee on Elec- § 16.15 A point of order that tion of President, Vice President, and Representatives in Congress had never the Committee on Rules has taken any action upon this bill and the reported a special rule pro- Committee on Rules had decided to re- viding for the consideration port a rule making it in order and put- of a bill prior to the time the ting it up to the House whether or not bill to be considered was re- the House would consider the bill, they ported and referred to the would have been within their rights. Therefore, the Chair cannot do other- Union Calendar does not lie. wise than hold that there is nothing at On June 28, 1930,(4) Mr. Fred S. the time before the House. It is antici- Purnell, of Indiana, called up by pated that a special rule will be pre- direction of the Committee on sented, making in order the consideration of H.R. 7416. If the House adopts Rules a resolution making in the rule then the House has decided order the consideration of a bill. that it desires to consider the bill at Mr. Carl R. Chindblom, of Illinois, this time, and the Chair therefore made a point of order against the overrules the point of order of the gen- report of the Committee on Rules, tleman from Mississippi [Mr. Rankin] and recognizes the gentleman from Illi- on the ground that the committee nois [Mr. Sabath]. had reported the resolution to the House on June 20, 1930, whereas Parliamentarian’s Note: It is the present practice to waive points of 4. 72 CONG. REC. 11994, ll99a, 71st order against the consideration of Cong. 2d Sess.

4026 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16 the bill was first reported to the consideration of this bill after the reso- House on a later date, on June 24, lution is passed. 1930 (and was recommitted twice § 16.16 The Committee on to the committee of jurisdiction in Rules may consider any mat- order to correct errors in the re- ter that is properly before port). Mr. Chindblom asserted them, including providing that the effect of the resolution for the consideration of a bill was to make it in order to resolve on which a majority report into the Committee of the Whole has not yet been made. for the consideration of the bill, ( ) but not to waive the ‘‘rule which On July 30, 1959, 5 Speaker requires bills to be upon the cal- Sam Rayburn, of Texas, answered parliamentary inquiries on the endar of the House before they procedures of the Committee on can have consideration.’’ Rules: Speaker Nicholas Longworth, of Ohio, overruled the point of order MR. [CLARE E.] HOFFMAN of Michi- gan: I ask the question, under the and stated in part as follows: rules of the House, can the Committee . . . The Chair thinks that all that on Rules report out a bill before they special rules of this sort do is put bills get a majority report from the committee? for which they are provided in the THE SPEAKER: The gentleman from same status that a revenue or appro- North Carolina [Mr. Barden] asked priation bill has under the general unanimous consent, which was ob- rules of the House. Clause 9 of Rule tained, to have until midnight tonight XVI provides: to file a report of the Committee on At any time after the reading of Education and Labor on the so-called the Journal it shall be in order, by labor bill. direction of the appropriate commit- MR. HOFFMAN of Michigan: My ques- tees, to move that the House resolve tion is, until a majority of the com- itself into the Committee of the mittee sign the report, can the Com- Whole House on the state of the Union for the purpose of considering mittee on Rules consider the bill? bills raising revenue, or general ap- THE SPEAKER: The Committee on propriation bills. Rules has the authority to consider any matter which is properly before Now all that this special rule does is them. The Chair would certainly hold to give the same status to this par- that this is properly before the Com- ticular bill at this particular time. The mittee on Rules. Chair has no hesitation in saying that MR. HOFFMAN of Michigan: Still, the Committee on Rules has acted with there is that word ‘‘properly.’’ I was authority, and that it will be in order asking a simple question. to move that the House resolve itself into the Committee of the Whole 5. 105 CONG. REC. 14743, 86th Cong. House on the state of the Union for the 1st Sess.

4027 Ch. 21 § 16 DESCHLER’S PRECEDENTS

THE SPEAKER: The Chair has an- which provided for the immediate swered the question. consideration of S. 153; the Senate bill had been referred to the Com- § 16.17 The Committee on mittee on Government Operations Rules may report resolutions and had not yet been reported.(7) providing for the immediate consideration of bills not yet § 16.18 The Committee on reported by the committees Rules may report to the to which referred. House a resolution making in On Aug. 19, 1964,(6) the House order the consideration of a adopted House Resolution 845, re- conference report when filed, ported by the Committee on although the conference re- Rules, providing for the imme- port was not prepared at the diate consideration of H.R. 11926 time of the action taken by (limiting the jurisdiction of federal the Committee on Rules. courts in apportionment cases) On many occasions, the Com- which was pending before, and mittee on Rules has reported reso- not yet reported by, the Com- lutions making in order the con- mittee on the Judiciary. sideration of conference reports on Following the adoption of the the same day reported, notwith- resolution, Speaker John W. standing the prohibition in clause McCormack, of Massachusetts, 2, (a) and (b), Rule XXVIII, held that a point of order against against consideration of con- consideration of the bill did not lie ference reports, and amendments on the ground that the Committee reported from conference in dis- on the Judiciary had not compiled agreement, until the third day with the ‘‘Ramseyer’’ rule (requir- after the report is filed in the ing comparative prints in com- House and printed in the Congres- mittee report), since that rule only sional Record. For example, on applies where a committee has re- July 25, 1956, the House adopted ported a bill, and not where it has a resolution from the Committee been discharged from consider- on Rules providing as follows: ation of the bill. Resolved, That during the remain- Similarly on Mar. 29, 1961, the der of this week it shall be in order to consider conference reports the House agreed to a special order same day reported notwithstanding from the Committee on Rules the provisions of clause 2, rule

6. 110 CONG. REC. 20212, 20213, 88th 7. 107 CONG. REC. 5267, 87th Cong. 1st Cong. 2d Sess. Sess.

4028 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

XXVIII; that it shall also be in order Special Orders May Not Pre- during the remainder of this week for the Speaker at any time to enter- vent Motion to Recommit tain motions to suspend the rules, notwithstanding the provisions of § 16.19 The Committee on clause 1, rule XXVII.(8) Rules may not report any On June 30, 1951, the House order or rule which operates adopted a resolution from the to prevent the offering of a Committee on Rules which not motion to recommit as pro- only provided for a conference on vided in Rule XVI clause 4, an appropriation bill but also pro- but such restriction does not vided for the consideration of the apply to a special rule pro- conference report when reported: hibiting the offering of MR. [ADOLPH J.] SABATH [of New amendments to a title of a York]: Mr. Speaker, by direction of the bill during its consideration Committee on Rules I submit a privi- and thus prohibiting a mo- leged report (H. Res. 309, Rept. No. 667) and ask for its immediate consid- tion to recommit with in- eration. structions to include such an Resolved, That immediately upon amendment. the adoption of this resolution the On Jan. 11, 1934,(10) Mr. Wil- joint resolution (H.J. Res. 277) making temporary appropriations for the liam B. Bankhead, of Alabama, fiscal year 1952, and for other pur- called up by direction of the Com- poses, with the Senate amendments thereto be, and the same hereby is, mittee on Rules a resolution pro- taken from the Speaker’s table; that viding for the consideration of an the Senate amendments be, and they appropriation bill; the resolution are hereby, disagreed to by the House; that the conference requested prohibited the offering of amend- by the Senate on the disagreeing ments to title II of the bill. Mr. votes of the two Houses on the said Bertrand H. Snell, of New York, joint resolution be, and hereby is, agreed to by the House, and that the made a point of order against the Speaker shall immediately appoint rule on the ground that it violated conferees without intervening mo- Rule XI clause 45 [Rule XI clause tion. Sec. 2. It shall be in order to con- 4(b), House Rules and Manual sider the conference report on the § 729(a) (1979)] since it would op- said joint resolution when reported erate to prevent certain motions notwithstanding the provisions of clause 2, rule XXVIII.(9) to recommit, such as to recommit with instructions to include an 8. 102 CONG. REC. 14456, 84th Cong. amendment in title II. Speaker 2d Sess. 9. 97 CONG. REC. 7538, 82d Cong. 1st 10. 78 CONG. REC. 479–83, 73d Cong. Sess. 2d Sess.

4029 Ch. 21 § 16 DESCHLER’S PRECEDENTS

Henry T. Rainey, of Illinois, over- before the House may prevent a mo- ruled the point of order: tion to recommit with instructions which would be in conflict with the THE SPEAKER: The Chair is prepared provisions of the special rule. It has to rule. The gentleman from New York been held on numerous occasions that makes the point of order that the Com- a motion to recommit with instructions mittee on Rules has reported out a res- may not propose as instructions any- olution which violates the provisions of thing that might not be proposed di- clause 45, rule XI, which are as fol- rectly as an amendment. Of course, in- lows: asmuch as the special rule prohibits The Committee on Rules shall not amendments to title II of the bill H. R. report any rule or order . . . which 6663 it would not be in order after shall operate to prevent the motion adoption of the special rule to move to to recommit being made as provided recommit the bill with instructions to in clause 4, rule XVI. incorporate an amendment in title II of The pertinent language of clause 4, the bill. The Chair, therefore, holds rule XVI is as follows: that the motion to recommit, as provided in clause 4, Rule XVI, has been After the previous question shall reserved to the minority and that inso- have been ordered on the passage of far as such rule is concerned the spe- a bill or joint resolution one motion to recommit shall be in order and cial rule before the House does not de- the Speaker shall give preference in prive the minority of the right to make recognition for such purpose to a a simple motion to recommit. The Member who is opposed to the bill or Chair thinks, however, that a motion resolution. to recommit with instructions to incor- The special rule, House Resolution porate a provision which would be in 217, now before the House, does not violation of the special rule, House mention the motion to recommit. Resolution 217, would not be in order. Therefore, any motion to recommit For the reasons stated, the Chair over- would be made under the general rules rules the point of order. of the House. The contention of the MR. SNELL: Will the Chair allow me gentleman from New York that this to make a parliamentary inquiry? special rule deprives the minority of THE SPEAKER: Certainly. the right to make a motion to recom- MR. SNELL: Do I understand from mit is, therefore, obviously not well the ruling of the Chair the minority taken. The right to offer a motion to will be allowed to offer the usual mo- recommit is provided for in the general tion to recommit? rules of the House, and since no men- THE SPEAKER: The usual simple motion is made in the special rule now be- tion to recommit provided by the rules. fore the House it naturally follows that On appeal, the House upheld the motion would be in order. the decision of the Chair by a roll- A question may present itself later when a motion to recommit with in- call vote of 260–112. structions is made on the bill H.R. Parliamentarian’s Note: The 6663 that the special rule which is now language of the resolution in ques- 4030 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16 tion prohibited the offering of table a House bill with a Senate amendments to title II of the bill amendment, disagree to the ‘‘during the consideration’’ of the amendment, and ask for a con- bill (both in the House and in the ference with the Senate, Speaker Committee of the Whole). Nor- Sam Rayburn, of Texas, answered mally, such resolutions only pro- parliamentary inquiries on requesting a special order from the hibit certain amendments during Committee on Rules: consideration in Committee of the Whole, allowing a motion to re- MR. [KENNETH B.] KEATING [of New York]: Would the Speaker recognize me commit with instructions in the to move to send the bill to the Rules House to add such amendments. Committee? This is apparently the only ruling THE SPEAKER: The Chair would not. by the Speaker on the authority of It is not necessary to do that. MR. KEATING: Mr. Speaker, a further the Committee on Rules to limit, parliamentary inquiry. but not to prohibit, the motion to THE SPEAKER: The gentleman will recommit. state it. MR. KEATING: Would the Speaker Requesting Resolutions on the advise what action is necessary now in order to get the bill to the Committee Order of Business on Rules? THE SPEAKER: Anyone can make the § 16.20 Any Member may re- request of the chairman of the Com- quest that the Chairman of mittee on Rules to call a meeting of the committee to consider the whole mat- the Committee on Rules call ter. a meeting of that committee MR. KEATING: Mr. Speaker, a further to consider reporting a reso- parliamentary inquiry. lution making in order dis- THE SPEAKER: The gentleman will position of a House bill with state it. MR. KEATING: Mr. Speaker, if that Senate amendments which were done, would the bill which is now require consideration in on the Speaker’s desk be before the Committee of the Whole, but Rules Committee? THE SPEAKER: It would not be before a motion to send the bill to the Committee on Rules. The Com- the Committee on Rules is mittee on Rules could consider the not in order. matter of what procedure to rec- ommend to the House for the disposi- ( ) On Aug. 13, 1957, 11 objection tion of this whole matter. was made to a unanimous-consent request to take from the Speaker’s Requesting ‘‘Closed Rule’’

11. 103 CONG. REC. 14568, 8ath Cong. § 16.21 Members discussed, 1st Sess. during debate on a resolu-

4031 Ch. 21 § 16 DESCHLER’S PRECEDENTS

tion from the Committee on lowed in the event a closed rule is to Rules providing a ‘‘closed’’ be sought. As I understand, the gentleman from Oregon indicated to the rule for a bill, the require- Rules Committee that because of this ments of the Democratic unexpected time crunch and for that Caucus rules as to seeking reason only, that the seeking and ob- such rules and as to the pro- taining of a closed rule in this one in- cedures of the Committee on stance is not intended in any way, nor Rules in reporting such should it be considered to be a precedent for any future such effort by any rules. committee to seek a closed rule with- On Nov. 13, 1973,(12) the House out complying with whatever the was considering House Resolution ground rules as explicitly stated in the 695, providing for the consider- caucus recommendations. ation of H.R. 11333, increasing so- Is that essentially a fair statement of the situation? cial security benefits and reported MR. [ALBERT C.] ULLMAN: Mr. from the Committee on Ways and Speaker, let me say to my friend from Means. The resolution permitted California that the sole motivation of only committee amendments to the Committee was to meet the time- the bill. The following colloquy table that was before the Congress. It took place during the debate: certainly is not our intention to change any rules or procedures of any institu- MR. [PHILLIP] BURTON [of Cali- tion in this body, but we were under a fornia]: Mr. Speaker,(13) first I would time frame of action that demanded like to state that I think, given the that we go to the Rules Committee and time constraints, that the Committee get a rule immediately. on Ways and Means has enacted es- I say to the gentleman that we have sentially a very thoughtful set of no present intention but to get this bill changes to the Social Security Act. passed just as expeditiously as pos- However, there is one aspect of this sible. procedure that is potentially dis- MR. BURTON: Mr. Speaker, as I un- turbing, so that the record can be clear derstand the gentleman’s response, it in this one respect, I would like to pose is in no way his intention, nor should a question to the distinguished gen- it be construed by anyone in terms of tleman from Oregon (Mr. Ullman) the establishing a precedent in overriding acting chairman of the committee. The the rule I referred to earlier, is that question I pose is this: correct? As I understand the rules of the ma- MR. ULLMAN: Yes. jority party caucus, there are certain procedures clearly delineated to be fol- § 16.22 Pursuant to clause 17

12. 119 CONG. REC. 36861–63, 93d of the Addendum of the Cong. 1st Sess. Rules of the Democratic Cau- 13. Carl Albert (Okla.). cus, a Member inserted in 4032 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

the Record notice of his in- postponed to a time certain to give tention to request the Com- Members an opportunity to draft and mittee on Rules to report to to insert in the Record any amendments which they proposed to offer to the House a ‘‘modified closed the bill. Those amendments, if offered, rule’’ for the consideration of would not be subject to amendment on a bill reported from the Com- the floor, and article V of the bill, the mittee on the Judiciary. ‘‘Privilege’’ article, would not be subject to amendment. Such a rule would I be- (14) On Nov. 12, 1973, William L. lieve, best permit the House of Rep- Hungate, of Missouri, a member resentatives to work its will on this im- of the Committee on the Judiciary portant and complicated piece of legis- who would be managing a bill relation. ported from that committee on the Parliamentarian’s Note: Adden- floor, made an announcement re- dum 17 to the Rules of the Demo- garding the request for a special cratic Caucus read as follows in order from the Committee on the 93d Congress, first session: Rules for the consideration of the 17. (a) It shall be the policy of the bill: Democratic Caucus that no committee MR. HUNGATE: Mr. Speaker, on chairman or designee shall seek, and Tuesday, October 6, 1973, the Com- the Democratic Members of the Rules mittee on the Judiciary ordered favor- Committee shall not support, any rule ably reported the bill H. R. 5463, to es- or order prohibiting any germane tablish rules of evidence for certain amendment to and bill reported from courts and proceedings. committee until four (4) legislative Pursuant to the provisions of clause days have elapsed following notice in 17 of the Addendum to the Rules of the the Congressional Record of an inten- Democratic Caucus for the 93d Con- tion to do so. (b) If, within the four (4) gress, I am hereby inserting in the legislative days following said notice in Congressional Record notice of my in- the Congressional Record, 50 or more tention to request, following the expi- Democratic members give written no- ration of 4 legislative days, the Com- tice to the chairman of the committee mittee on Rules to report to the House seeking the rule and to the chairman a resolution providing for a ‘‘modified of the Rules Committee that they wish closed rule’’ on the bill H.R. 5463. The to offer a particular germane amend- rule I will be requesting would provide ment, the chairman or designee shall in effect that after an extensive period not seek and the Democratic Members of general debate not to exceed 4 of the Rules Committee shall not sup- hours, on the bill, further consideration port, any rule or order relating to the of the bill for amendment would be bill or resolution involved until the Democratic Caucus has met and de- 14. 119 CONG. REC. 36601, 36602, 93d cided whether the proposed amend- Cong. 1st Sess. ment should be allowed to be consid-

4033 Ch. 21 § 16 DESCHLER’S PRECEDENTS

ered in the House. (c) If 50 or more will hear the application of the Com- Democratic Members give notice as mittee on Ways and Means for a rule provided in subsection (b) above, then, on the tax bill. There is considerable notwithstanding the provisions of Cau- interest in this subject matter and our cus Rule No. 3, the Caucus shall meet quarters in the Rules Committee are for such purpose within three (3) legis- rather confining for a large crowd. For lative days following a request for such the convenience of the Members of the a Caucus to the Speaker and the chair- House who wish to be informed on the man of the Democratic Caucus by said subject, and through the courtesy of committee chairman or designee. (d) the chairman of the Committee on Provided, further, that notices referred Ways and Means, the Committee on to above also shall be submitted to the Rules will meet not in our own cham- Speaker, the Majority Leader, and the ber tomorrow but in the chamber of chairman of the Democratic Caucus. the Committee on Ways and Means in the New House Office Building in Meetings of Committee order to hear the application of the committee for a rule on the tax bill. § 16.23 The Chairman of the There are many Members interested in Committee on Rules an- this who would like to hear the discus- nounced that the committee sion that will be carried on by the would meet in a larger than Chairman of the Committee on Ways usual committee room in and Means, the gentleman from Ar- kansas [Mr. Mills], and the ranking order to hear the application minority member, the gentleman from for a special order on con- Wisconsin [Mr. Byrnes]. This meeting troversial tax bill. will be at 10:30 tomorrow morning. On Sept. 17, 1963,(15) Howard Parliamentarian’s Note: Rule XI W Smith, Chairman of the Com- clauses 2 (b) and (c) [House Rules mittee on Rules, made an an- and Manual § 705 (1979)] provides nouncement relative to a meeting for regular meeting days, pursu- of the committee on a tax bill: ant to written rules adopted by MR. SMITH of Virginia: Mr. Speaker, committees, and for additional I ask unanimous consent to address meetings of committees to be the House for 1 minute. called by the chairman thereof for THE SPEAKER: Is there objection to the consideration of any bill or the request of the gentleman from Vir- ginia? resolution pending before the com- There was no objection. mittee. MR. SMITH of Virginia: Mr. Speaker, § 16.24 Rules were adopted by on tomorrow the Committee on Rules the Committee on Rules in 15. 109 CONG. REC. 17210, 88th Cong. the 93d Congress to govern 1st Sess. meeting procedures.

4034 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

In the 93d Congress, the Com- by the Committee on which any Mem- mittee on Rules adopted (on Mar. ber of the House wishes to testify, and 27, 1973) rules to govern its pro- so requests, will be the subject of hearings, at which time all interested ceedings, including the following Members who are proponents or oppo- provisions to govern meetings: nents will be provided a reasonable op- (a) The Committee on Rules shall portunity to testify. meet at 10:30 a.m. on Tuesday of each (g) There shall be a transcript of reg- week when the House is in session. ularly scheduled hearings and meet- Meetings and hearings shall be called ings of the Committee which may be to order and presided over by the printed if the Chairman decides it is Chairman or, in the absence of the appropriate, or if a majority of the Chairman, by the Ranking Majority members request it. Member of the Committee present as (h) A Tuesday meeting of the Com- Acting Chairman. mittee may be dispensed with where, (b) A minimum 48 hours’ notice of in the judgment of the Chairman, regular meetings and hearings of the there is no need therefor, and addi- Committee shall be given to all mem- tional meetings may be called by the bers except that the Chairman, acting Chairman, or by written request of a on behalf of the Committee, may majority of the Committee duly filed schedule a meeting or hearing for the with the Counsel of the Committee. consideration of emergency and/or pro- (i) The Committee may permit, by a cedural measures or matters at any majority vote on each separate occa- time. As much notice as possible will sion, the coverage of any open meeting be given to all members when emer- or hearing, in whole or in part, by tele- gency meetings or hearings are called; vision broadcast, radio broadcast, and provided, however, that an effort has still photography under such require- been made to consult the Ranking Mi- ments and limitations as set forth in nority Member. the Rules of the House of Representa- (c) Meetings, hearings, and executive tives. sessions of the Committee shall be (j) The five-minute rule in the inter- open to the public in accordance with rogation of witnesses, until such time clause 16 and clause 27 of rule XI of as each member of the Committee who the Rules of the House of Representa- so desires has had an opportunity to tives, as amended by H. Res. 259, 93d question the witness, shall be followed. Congress. (k) When a recommendation is made (d) For the purpose of hearing testi- as to the kind of rule which should be mony, a majority of the Committee granted a copy of the language rec- shall constitute a quorum. ommended shall be furnished to each (e) For the purpose of executive member of the Committee at the begin- meetings, a majority of the Committee ning of the meeting where such lan- shall constitute a quorum. guage is to be considered or as soon (f) All measures or matters which thereafter as such recommendation be- have been scheduled for consideration comes available.

4035 Ch. 21 § 16 DESCHLER’S PRECEDENTS

§ 16.25 The Speaker held that No committee, except the Com- mittee on Rules, shall sit during the the Committee on Rules had sitting of the House, without special authority to sit during ses- leave. sions of the House and was That rule was adopted in 1794, not included in a previous and the exception for the Com- ruling of the Speaker that mittee on Rules was inserted in committees could not sit 1893.(17) while bills were being read In the 93d Congress, Rule XI for amendment. clause 17 [now Rule X clause On May 27, 1946,(16) Speaker 1(q)(4), House Rules and Manual Sam Rayburn, of Texas, answered § 686(a) (1979)] specifically pro- a parliamentary inquiry on the vided that the Committee on power of the Committee on Rules Rules was authorized to sit and to meet while the House was in act whether or not the House was session: in session, and Rule XI clause 31 [now Rule XI clause 2(i), House MR. [JAMES P.] GEELAN [of Con- necticut]: Mr. Speaker, a parliamen- Rules and Manual § 710 (1979)] tary inquiry. provided that five committees, in- THE SPEAKER: The gentleman will cluding the Committee on Rules, state it. could sit without special leave MR. GEELAN: In view of the previous while the House was reading a ruling by the Chair that he would rec- measure for amendment under ognize reports of no committee which (18) was meeting while the House was in the five-minute rule. session, what would be the situation? 17. 4 Hinds’ Precedents § 4546. THE SPEAKER: If the Chair made any In the 73d Congress, the Speaker such ruling today he does not remem- ruled that he could order stricken ber it. from the calendar a bill where it was MR. GEELAN: I distinctly recall the shown that the committee reporting Chair’s prohibiting any committee’s being in session or holding hearings it had sat during the session of the while the House was in session. House without permission. 78 CONG. REC. 7057, 73d Cong. 2d Sess., Apr. THE SPEAKER: The Committee on Rules is exempt from that rule. 20, 1934. 18. The rule formerly provided that no Parliamentarian’s Note: ln the committee except those named in the 79th Congress, when the Speaker rule could sit without special leave made the ruling cited, Rule XI at any time when the House was in clause 46 read as follows: session. The form of the rule in the 93d Congress was derived from the 16. 92 CONG. REC. 5863, 5864, 79th Legislative Reorganization Act of Cong. 2d Sess. 1946 (see House Rules and Manual

4036 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

Granting Special Order Gov- islative bill in violation of Rule erning Bill Already Under XXI clause 4 [now Rule XXI Consideration clause 5, House Rules and Manual § 1846 (1979)], and section 4 was § 16.26 Where a section in a thus stricken from the bill. Imme- bill pending before the Com- diately following the Chair’s rul- mittee of the Whole was ing the Committee rose and a mo- struck out on a point of tion for a recess was adopted (at order (as constituting an ap- 5:42 p.m.).(19) propriation on a legislative The recess having expired at bill), the Committee rose, the 5:52 p.m., Speaker Henry T. House took a recess, and the Rainey, of Illinois, called the Committee on Rules met and House to order and Mr. William reported to the House a reso- B. Bankhead, of Alabama, re- lution which the House ported and called up by direction adopted, making in order an of the Committee on Rules (which amendment to such bill in had met during the recess) a spe- Committee of the Whole to cial order making in order an reinsert the section which amendment to the Senate bill had been stricken out. pending before the Committee of ( ) On Mar. 29, 1933, the Com- the Whole: 20 mittee of the Whole was consid- AFTER RECESS ering S. 598 (reforestation and un- The recess having expired (at 5 employment relief) pursuant to a o’clock and 52 minutes p.m.), the unanimous consent request that House was called to order by the the Senate bill be in order for con- Speaker. sideration, instead of a similar MR. BANKHEAD: Mr. Speaker, by di- House bill (H.R. 3905) which had rection of the Committee on Rules, I previously been made a special report a privileged resolution, which I order of business for that day send to the desk and ask for its imme- (also by unanimous consent). diate consideration. MR. [JOSEPH B.] SHANNON [of Mis- Chairman Ralph F. Lozier, of souri]: Mr. Speaker does not the rule Missouri, sustained a point of have to lie over for a day? order against section 4 of the Sen- THE SPEAKER: It does not. ate bill on the grounds that it con- The Clerk will report the resolution. stituted an appropriation on a leg- 19. 77 CONG. REC. 988–90, 73d Cong. 1st § 710 [1979] for the history of the Sess. provision). 20. Id. at p. 990.

4037 Ch. 21 § 16 DESCHLER’S PRECEDENTS

The Clerk read as follows: The Committee of the Whole re-

HOUSE RESOLUTION 85 sumed its sitting and proceeded to consider the amendment: (21) Resolved, That upon the adoption of this resolution it shall be in order MR. [ROBERT] RAMSPECK [of Geor- to offer as an amendment in Com- gia]: Mr. Speaker, I move that the mittee of the Whole House on the House resolve itself into the Com- state of the Union to the bill S. 598 mittee of the Whole House on the state the following language: of the Union for the further consider- ‘‘Sec. 4. For the purpose of car- ation of the bill (S. 598) for the relief rying out the provisions of this act, there is hereby authorized to be ex- of unemployment through the perform- pended, under the direction of the ance of useful public work, and for President, out of any unobligated other purposes. moneys heretofore appropriated for The resolution was agreed to. public works (except for projects on Accordingly, the House resolved which actual construction has been itself into the Committee of the Whole commenced or may be commenced within 90 days, and except mainte- House on the state of the Union for the nance funds for river and harbor im- further consideration of the bill S. 598, provements already allocated), such with Mr. Lozier in the chair. sums as may be necessary; and an The Clerk read the title of the bill. amount equal to the amount so ex- MR. RAMSPECK: Mr. Chairman, I pended is hereby authorized to be offer an amendment. appropriated for the same purposes for which such moneys were origi- The Clerk read as follows: nally appropriated.’’ Amendment offered by Mr. All points of order against said Ramspeck: Page 3, after line 21, in- amendment shall be considered as sert the following: waived in the House and in the ‘‘Sec. 4. For the purpose of car- Committee of the Whole House on rying out the provisions of this act the state of the Union.... there is hereby authorized to be ex- pended, under the direction of the THE SPEAKER: It requires a two- President, out of any unobligated thirds vote to consider it. The question moneys heretofore appropriated for is, Shall the House consider the resolu- public works (except for projects on tion? which actual construction has been The question was taken; and on a di- commenced or may be commenced vision (demanded by Mr. Snell) there within 90 days, and except mainte- were—ayes 189; noes 71. nance funds for river and harbor im- provements already allocated), such So (two-thirds having voted in favor sums as may be necessary, and an thereof) the House determined to con- amount equal to the amount so ex- sider the resolution. pended is hereby authorized to be MR. BANKHEAD: Mr. Speaker, I move appropriated for the same purposes the previous question on the adoption for which such moneys were origi- of the resolution. nally appropriated.’’. . . The previous question was ordered. MR. RAMSPECK: Mr. Chairman, this THE SPEAKER: The question is on simply puts back in the bill section 4 agreeing to the resolution. The resolution was agreed to. 21. Id.

4038 ORDER OF BUSINESS; SPECIAL ORDERS Ch. 21 § 16

exactly, which was ruled out on the ing supplemental appropriations for point of order. the fiscal year ending June 30, 1969, I move that all debate on this section and for other purposes, all points of do now close. order against title IV of said bill are hereby waived.

§ 16.27 A resolution waiving MR. COLMER: Mr. Speaker, I yield points of order against a cer- the customary 30 minutes to the mi- tain provision in a general nority, to the very able and distin- appropriation bill was con- guished gentleman from California sidered and agreed to by the (Mr. Smith). Pending that I yield my- House after the general de- self such time as I may consume. Mr. Speaker, I shall not use all the bate on the bill had been time on this resolution. This is a rath- concluded and reading for er unusual situation that we find our- amendment had begun in selves in, parliamentarily speaking. Committee of the Whole. We have debated the supplemental ap- On May 21, 1969, general de- propriation bill at some length under bate had been concluded in Com- the privileged status of the Appropria- mittee of the Whole on H.R. tions Committee. Now we come in with 11400, the supplemental appro- a resolution from the Rules Committee priations bill, and the first section for one purpose and one purpose alone; that is, to waive points of order against of the bill had been read for a particular section of the bill. amendment when the Committee rose. Special Rule With Continuing The House then adopted a spe- Effect cial order from the Committee on Rules which waived points of § 16.28 Form of resolution order against one section of the waiving points of order bill: (1) against certain legislative MR. [WILLIAM: M.] COLMER [of Mis- provisions in a general ap- sissippi]: Mr. Speaker, by direction of the Committee on Rules, I call up propriation bill and pro- House Resolution 414 and ask for its viding that during the re- immediate consideration. mainder of the Congress no The Clerk read the resolution, as fol- amendments shall be in lows: order to any other general H. RES. 414 appropriation bill which con- Resolved, That during the consid- flict with the provisions of eration of the bill (H.R. 11400) mak- the legislative language made in order by the special 1. 115 CONG. REC. 13246–51, 91st Cong. 1st Sess. rule.

4039 Ch. 21 § 16 DESCHLER’S PRECEDENTS

On Jan. 11, 1934,(2) the fol- ances and pensions, and was enti- lowing resolution reported from tled ‘‘Economy Provisions.’’ The ef- the Committee on Rules was fect of the resolution was to pro- called up and adopted by the hibit certain amendments to gen- House: eral appropriation bills during the Resolved, That during the consider- remainder of the Congress, re- ation of H.R. 6663, a bill making ap- gardless of whether such amend- propriations for the Executive Office ments would have been in order and sundry independent bureaus, under the general rules of the boards, commissions, and offices, for House. This special rule also pro- the fiscal year ending June 30, 1935, hibited the inclusion in a motion and for other purposes, all points of to recommit with instructions, on order against title II or any provisions contained therein are hereby waived; H.R. 6663 or any other general and no amendments or motions to appropriations bill during the re- strike out shall be in order to such title mainder of the Congress, of the except amendments or motions to type of amendment prohibited by strike out offered by direction of the the rule, since the special rule Committee on Appropriations, and said prohibited such amendments ‘‘dur- amendments or motions shall be in ing the consideration’’ of the bill order, any rule of the House to the contrary notwithstanding. Amendments (in both the Committee of the shall not be in order to any other sec- Whole and the House) and prohib- tion of the bill H.R. 6663 or to any sec- ited such amendments to any tion of any general appropriation bill of other general appropriation bill the Seventy-third Congress which (by implication in both the Com- would be in conflict with the provisions mittee of the Whole and the of title II of the bill H.R. 6663 as reported to the House, except amend- House). ments offered by direction of the Com- mittee on Appropriations, and said amendments shall be in order, any § 17. Reports and Their rule of the House to the contrary not- Privilege withstanding. Parliamentarian’s Note: Title II Pursuant to Rule XI clause of the bill proposed permanent 23,(3) it is ‘‘always’’ in order to call and legislative amendments to a up a report from the Committee variety of statutes, to limit the on Rules; the privilege of such re- salaries of federal officials, allow- 3. House Rules and Manual § 729 2. H. Res. 217, 78 CONG. REC. 479, 73d (1973). [Rule XI clause 4(b), House Cong. 2d Sess. Rules and Manual § 729(a) (1979)].

4040