Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress-Preface

[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Front Matter]
[Pages 1-15]
[From the U.S. Government Printing Office, www.gpo.gov]

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________________________________________________________________________

109th Congress, 2d Session - - - - - - - - House Document No. 109-157

CONSTITUTION

JEFFERSON'S MANUAL

AND

RULES OF THE HOUSE OF

REPRESENTATIVES

OF THE UNITED STATES

ONE HUNDRED TENTH CONGRESS

JOHN V. SULLIVAN

PARLIAMENTARIAN

U.S. GOVERNMENT PRINTING OFFICE

32-700

________________________________________________________________________

For sale by the Superintendent of Documents, U.S. Government Printing
WASHINGTON : 2007

Office

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Washington, DC 20402
?

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HOUSE RESOLUTION 1107

In the House of Representatives, U.S.,

December 8, 2006.

Resolved, That a revised edition of the Rules and Manual of the
House of Representatives for the One Hundred Tenth Congress be printed
as a House document, and that three thousand additional copies shall be
printed and bound for the use of the House of Representatives, of which
nine hundred copies shall be bound in leather with thumb index and
delivered as may be directed by the Parliamentarian of the House.

Attest:

Karen L. Haas,

Clerk.

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(III)

P R E F A C E

The House Rules and Manual contains the fundamental source material
for parliamentary procedure used in the House of Representatives: the
Constitution of the United States; applicable provisions of Jefferson's
Manual; Rules of the House (as of the date of this preface); provisions
of law and resolutions having the force of Rules of the House; and
pertinent decisions of the Speakers and other presiding officers of the
House and Committee of the Whole interpreting the rules and other
procedural authority used in the House of Representatives.

The rules for the One Hundred Tenth Congress were adopted on January
4 and 5, 2007, when the House agreed to House Resolution 6 in five
divided titles. In addition to a series of changes to various standing
rules, House Resolution 6 included separate free-standing orders
constituting procedures to be followed in the One Hundred Tenth
Congress. Explanations of the changes to the standing rules appear in
the annotations following each rule in the text of this Manual.

In the One Hundred Sixth Congress, the House adopted a
recodification of the Rules of the House. For an explanation of the
recodified format, see the Preface and other introductory matter for the
House Rules and Manual for the One Hundred Sixth Congress (H. Doc. 105-
358).

The substantive changes in the standing rules made by House
Resolution 6 of the 110th Congress included:

(1) redesignation of the Committee on Education and the Workforce as
the Committee on Education and Labor, of the Committee on Government
Reform as the Committee on Oversight and Government Reform, of the
Committee on International Relations as the Committee on Foreign
Affairs, of the Committee on Resources as the Committee on Natural
Resources, and of the Committee on Science as the Committee on Science
and Technology (clause 1 of rule X);

(2) authority for the Committee on Oversight and Government Reform
to authorize the use of depositions to take testimony (clause 4(c) of
rule X);

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Delegates, the Resident Commissioner, officers, and employees of the
House (clause 3(a) of rule XI);
(3) requirement that the Committee on Standards of Official Conduct
offer annual ethics training to Members,

(4) exemption for the Committee on Rules from the requirement that
committees include certain record votes in committee reports (clause
3(b) of rule XIII);

(5) policy regarding holding electronic votes open for the sole
purpose of reversing the outcome of such votes (clause 2(a) of rule XX);

(6) prohibition against the consideration of a concurrent resolution
on the budget containing reconciliation directives that would reduce a
surplus or increase a deficit over certain periods (clause 7 of rule
XXI);

(7) application of points of order under title III of the
Congressional Budget Act of 1974 to unreported measures (clause 8 of
rule XXI);

(8) prohibition against the consideration of certain measures in the
absence of proper disclosure of congressional earmarks, limited tax
benefits, or limited tariff benefits, and against consideration of a
rule or order waiving such prohibition (clause 9 of rule XXI);

(9) prohibition against the consideration of certain measures
containing direct spending and revenues reducing a surplus or increasing
a deficit over certain periods (clause 10 of rule XXI);

(10) requirement that House managers at conferences have a unitary
time and place at which to sign (or not) conference reports and joint
explanatory statements (clause 12(a) of rule XXII);

(11) prohibition against the consideration of conference reports if
their text differs from that agreed to by the conferees (clause 13 of
rule XXII);

(12) restriction on influencing certain private sector hiring
practices (clause 14 of rule XXIII);

(13) restriction on use of certain funds for flights on certain
private aircraft (clause 15 of rule XXIII), such restriction later
amended in its entirety (H. Res. 363, 110th Cong., May 2, 2007, p.----);

(14) prohibition against certain action with regard to the inclusion
of a congressional earmark, limited tax benefit, or limited tariff
benefit in a measure (clause 16 of rule XXIII);

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ment that committees retain such requests (clause 17 of rule XXIII);
(15) requirement that a Member, Delegate, or Resident Commissioner
provide a written statement to accompany any request to a committee for
a congressional earmark, limited tax benefit, or limited tariff benefit,
and a require

(16) restriction on the acceptance of gifts from a registered
lobbyist or agent of a foreign principal, or from a private entity
retaining or employing such individual, except in certain circumstances
(clause 5(a)(1)(A)(ii) of rule XXV);

(17) clarification of the standard for valuation of gifts of tickets
to sporting or entertainment events (clause 5(a)(1)(B)(ii) of rule XXV);

(18) restriction on the acceptance of reimbursement for travel in
any part planned, organized, requested, or arranged by a registered
lobbyist or agent of a foreign principal, except for reimbursement for
travel from institutions of higher education or for attendance at a one-
day event, in the latter case, provided that the involvement of a
registered lobbyist or agent of a foreign principal in such event is de
minimis (clause 5(b)(1), 5(c)(2), and 5(c)(3) of rule XXV);

(19) acceleration of the time in which to disclose to the Clerk
certain reimbursed expenses (clause 5(b)(1)(A)(ii) of rule XXV);

(20) requirement to disclose a description of meetings and events
attended when accepting reimbursement for certain travel expenses
(clause 5(b)(3)(F) of rule XXV);

(21) requirement that the Clerk make public certain travel
authorizations, certifications, and disclosures (clause 5(b)(5) of rule
XXV);

(22) restriction on acceptance of reimbursement, other than from an
institution of higher education, for travel when accompanied by a
registered lobbyist or agent of a foreign principal (clause 5(c)(1) of
rule XXV);

(23) requirement that a certification be filed with, and permission
be obtained from, the Committee on Standards of Official Conduct prior
to accepting permissible travel (clause 5(d) of rule XXV); and

(24) requirement that the Committee on Standards of Official Conduct
develop guidelines on various facets of the new gift and travel rules
(clause 5(i) of rule XXV).

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changes regarding the Delegates and the Resident Commissioner were made
as follows: authority for the Delegates and the Resident Commissioner to
preside over (clause 1 of rule XVIII) and to vote in (clause 3 of rule
III) the Committee of the Whole, subject to automatic reconsideration by
the House on questions on which their votes are decisive (clause 6(h) of
rule XVIII) (H. Res. 78, 110th Cong., Jan. 24, 2007, p. ----).
In addition to the amendments cited above, clause 4(a) of rule X was
amended to create a Select Intelligence Oversight Panel of the Committee
on Appropriations (H. Res. 35, 110th Cong., Jan. 9, 2007, p. ----),
clause 5(a)(3)(Q) of rule XXV was amended to clarify the events for
which a gift of free attendance is not prohibited (sec. 4, H. Res. 437,
110th Cong., May 24, 2007, p. ----), and

Citations in this edition refer to:

(1) Hinds' Precedents of the House of Representatives of the United
States (volumes I through V) and Cannon's Precedents of the House of
Representatives of the United States (volumes VI through VIII), by
volume and section (e.g., V, 5763; VIII, 2852);

(2) Deschler's Precedents of the U.S. House of Representatives
(volumes 1 through 9) and the Deschler-Brown Precedents of the U.S.
House of Representatives (volumes 10 through 16), by chapter and section
(e.g., Deschler, ch. 26, Sec. 79.7; Deschler-Brown, ch. 28, Sec. 4.26);

(3) the Congressional Record, by date and page (e.g., Jan. 29, 1986,
p. 684);

(4) House Practice (2003), by chapter and section (e.g., House
Practice, ch. 1, Sec. 2);

(5) Deschler-Brown Procedure in the U.S. House of Representatives
(4th edition and 1987 supplement), by chapter and section (e.g.,
Procedure, ch. 5, Sec. 8.1);

(6) the United States Code, by title and section (e.g., 2 U.S.C.
287); and

(7) the United States Reports, by volume and page (e.g., 395 U.S.
486).

Readers are invited to refer to the prefaces of Hinds', Cannon's,
and Deschler's Precedents (Volumes I, VI, and 1, respectively) for
comprehensive overviews by those editors of the procedural history of
the House of Representatives from 1789 to 1976.

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Particular appreciation goes to Ethan Lauer for his initiative and
resourcefulness in managing the project.
All of the members of the Office of the Parliamentarian -- Tom
Wickham, Ethan Lauer, Carrie Wolf, Liz Woodworth, Max Spitzer, Gay
Topper, and Brian Cooper, as well as Charles Johnson, Bob Cover, Deborah
Khalili, and Bryan Feldblum -- worked diligently to annotate the
decisions of the Chair and other parliamentary precedents of the 109th
Congress and of the 110th Congress to the date of publication of this
edition. Their contributions, and their devotion to the pursuit of
excellence in the procedural practices of the House, are gratefully
acknowledged.

John V. Sullivan

[

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June 18, 2007
[

C O N T E N T S

__________

THE CONSTITUTION

Page
Preamble.......................................................... 3

Article I.--The legislative power..................... 4

II.--The executive power....................... 65

III.--The judicial power........................ 77

IV.--Obligations, duties, etc., of the States.. 79

V.--Amendments to............................. 81

VI.--Law of the land, etc...................... 83

VII.--Ratification of........................... 87

Amendments ratified....................... 90

JEFFERSON'S MANUAL

Section I.--Importance of adhering to rules........... 125

III.--Privilege................................. 128

VI.--Quorum.................................... 147

VII.--Call of the House......................... 148

IX.--Speaker................................... 149

X.--Address................................... 151

XI.--Committees................................ 152

XII.--Committee of the Whole.................... 155

XIII.--Examination of witnesses.................. 165

XIV.--Arrangement of business................... 170

XV.--Order..................................... 172

XVI.--Order respecting papers................... 173

XVII.--Order in debate........................... 173

XVIII.--Orders of the House....................... 195

XIX.--Petition.................................. 199

XX.--Motion.................................... 200

XXI.--Resolutions............................... 201

XXIII.--Bills, leave to bring in.................. 203

XXIV.--Bills, first reading...................... 204

XXV.--Bills, second reading..................... 204

XXVI.--Bills, commitment......................... 205

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XXVII.--Report of committee....................... 216

Page

Section XXVIII.--Bill, recommitment........................ 217

XXIX.--Bills, reports taken up................... 218

XXX.--Quasi-committee........................... 220

XXXI.--Bill, second reading in the House......... 223

XXXII.--Reading papers............................ 226

XXXIII.--Privileged questions...................... 228

XXXIV.--The previous question..................... 241

XXXV.--Amendments................................ 243

XXXVI.--Division of the question.................. 252

XXXVII.--Coexisting questions...................... 255

XXXVIII.--Equivalent questions...................... 256

XXXIX.--The question.............................. 259

XL.--Bills, third reading...................... 260

XLI.--Division of the House..................... 264

XLII.--Titles.................................... 269

XLIII.--Reconsideration........................... 269

XLIV.--Bills sent to the other House............. 272

XLV.--Amendments between the Houses............. 273

XLVI.--Conferences............................... 283

XLVII.--Messages.................................. 296

XLVIII.--Assent.................................... 301

XLIX.--Journals.................................. 303

L.--Adjournment............................... 305

LI.--A session................................. 307

LII.--Treaties.................................. 310

LIII.--Impeachment............................... 314

RULES OF THE HOUSE

Rule I.--The Speaker............................... 335

II.--Other Officers and Officials.............. 356

III.--The Members, Delegates, and Resident

Commissioner of Puerto Rico............... 376

IV.--The Hall of the House..................... 380

V.--Broadcasting the House.................... 388

VI.--Official Reporters and News Media

Galleries................................. 390

VII.--Records of the House...................... 402

VIII.--Response to Subpoenas..................... 406

IX.--Questions of Privilege.................... 410

X.--Organization of Committees................ 428

XI.--Procedures of Committees and Unfinished

Business.................................. 540

XII.--Receipt and Referral of Measures and

Matters................................... 600

XIII.--Calendars and Committee Reports........... 614

XIV.--Order and Priority of Business............ 648

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XV.--Business in Order on Special Days......... 659

Page

Rule XVI.--Motions and Amendments.................... 679

XVII.--Decorum and Debate........................ 731

XVIII.--The Committee of the Whole House on the

state of the Union........................ 759

XIX.--Motions Following the Amendment Stage..... 788

XX.--Voting and Quorum Calls................... 803

XXI.--Restrictions on Certain Bills............. 832

XXII.--House and Senate Relations................ 885

XXIII.--Code of Official Conduct.................. 912

XXIV.--Limitations on Use of Official Funds...... 922

XXV.--Limitations on Outside Earned Income and

Acceptance of Gifts....................... 927

XXVI.--Financial Disclosure...................... 955

XXVII.--Statutory Limit on Public Debt............ 978

XXVIII.--General Provisions........................ 982
Provisions of Legislative Reorganization Act of 1946, as Amended by the

Legislative Reorganization Act of 1970, Applicable to Both Houses
Congressional adjournment......................................... 985
Preservation of committee hearings................................ 986

Joint and Select Committees
Economic Committee, Joint......................................... 987
Internal Revenue Taxation, Joint Committee on..................... 987
Library, Joint Committee of Congress on the....................... 988
Printing, Joint Committee on...................................... 988
Inaugural Ceremonies, Joint Congressional Committee on............ 988
Select committees................................................. 988

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House and Congressional Offices
House Commission on Congressional Mailing Standards............... 991
House Office Building Commission.................................. 991
Government Accountability Office.................................. 991
Office of Compliance.............................................. 991
Congressional Research Service.................................... 992
Legislative Counsel............................................... 992
Congressional Budget Office....................................... 992
Law Revision Counsel.............................................. 992
Technology Assessment............................................. 992
Office of the Parliamentarian..................................... 992
Office of Floor Assistants........................................ 993
Office of Interparliamentary Affairs.............................. 993
House Recording Studio............................................ 993

Page
United States Capitol Preservation Commission..................... 993
Office of General Counsel......................................... 993
Office of Emergency Planning, Preparedness, and Operations........ 994
Office of Attending Physician..................................... 994
Office of Architect of the Capitol................................ 994
House Democracy Assistance Commission............................. 994
Early organization of the House................................... 995

Miscellaneous Provisions of Congressional Budget Laws
Congressional Budget Act of 1974.................................. 1001
Budget Enforcement Act of 1990.................................... 1079

Legislative Procedures Enacted in Law
Measures privileged for consideration in House.................... 1085

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Index
Index............................................................. 1259

GENERAL ORDER OF BUSINESS

Rule XIV

First. Prayer by Chaplain.

Second. Approval of Journal.

Third. The Pledge of Allegiance to the Flag.

Fourth. Correction of reference of public bills.

Fifth. Disposal of business on Speaker's table.

Sixth. Unfinished business.

Seventh. The morning hour for the consideration of bills.

Eighth. Motions to go into Committee of the Whole.

Ninth. Orders of the day.

SPECIAL ORDER OF BUSINESS

Second and fourth Mondays:

Mondays

Motions to discharge committees. Rule XV, clause 2.

Every Monday:

District of Columbia Business. Rule XV, clause 4.

Motions to suspend rules. Rule XV, clause 1.

First and third Tuesdays:

Tuesdays

Private Calendar. Rule XV, clause 5. Individual private bills

considered on first Tuesday of each month, omnibus private bills

Every Tuesday:

may be considered on third Tuesday of each month.

Motions to suspend rules. Rule XV, clause 1.

Call of Committees under Calendar Wednesday. Rule XV, clause 7.

Every Wednesday:

Wednesdays

Motions to suspend rules. Rule XV, clause 1.