[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
[105th Congress]
[House Document 104-272]
[Front Matter]
[Pages 2-17]
[From the U.S. Government Printing Office, www.gpo.gov]
[Pages i-xvii]
[Page i]
CONSTITUTION
JEFFERSON'S MANUAL
and
RULES OF THE HOUSE OF
REPRESENTATIVES
OF THE UNITED STATES
ONE HUNDRED FIFTH CONGRESS
CHARLES W. JOHNSON
PARLIAMENTARIAN
[[Page ii]]
104th Congress, 2d Session - - - - - - - - House Document No. 104-272
_____________________________________________________________________________
[GRAPHIC] [TIFF OMITTED]
CONSTITUTION
JEFFERSON'S MANUAL
AND
RULES OF THE HOUSE OF
REPRESENTATIVES
OF THE UNITED STATES
ONE HUNDRED FIFTH CONGRESS
CHARLES W. JOHNSON
PARLIAMENTARIAN
[GRAPHIC] [TIFF OMITTED]
________________________________________________________________________
U.S. GOVERNMENT PRINTING OFFICE
37-500 WASHINGTON : 1997
For sale by the U.S. Government Printing
[[Page iii]]
Superintendent of Documents, Mail Stop: SSOP Washington, DC 20402-9328
HOUSE RESOLUTION 552
In the House of Representatives, U.S.,
September 28, 1996.
Resolved, That a revised edition of the Rules and Manual of the
House of Representatives for the One Hundred Fifth 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:
Robin H. Carle,
Clerk.
[[Page v]]
(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 Fifth Congress were adopted on January
7, 1997, when the House agreed to House Resolution 5. This resolution
reinstated the rules of the One Hundred Fourth Congress with amendments
to various standing rules. Explanations of these changes appear in the
annotations following each rule in the text of this Manual. The more
substantive of the changes provided by House Resolution 5 included:
(1) expansion of the class of questions on which votes may be
postponed to include amendments and motions to recommit during
consideration of measures called from the Corrections Calendar (clause
5(b) of rule I);
(2) requirement that the Speaker, in consultation with the Minority
Leader, develop a system for drug testing in the House (clause 13 of
rule I);
(3) elimination of the supervisory role of the Speaker over the
Chief Administrative Officer (clauses 1 and 2 of rule V);
(4) consolidation of jurisdiction over budget process in the
Committee on the Budget (clause 1 of rule X);
(5) redesignation of the Committee on Economic and Educational
Opportunities as the Committee on Education and the Workforce (rule X);
[[Page vi]]
(6) requirement of approval by the chairman and the ranking minority
party member of the Committee on House Oversight of the amount of a
monetary settlement of a complaint under the Congressional
Accountability Act of 1995 (clause 4(d) of rule X);
(7) provisions for: (a) dispensing with the reading of an
investigative or oversight report in committee if it has been available
for 24 hours; (b) joint filing of a report of an investigation or study
conducted by more than one committee; and (c) filing of an investigative
or oversight report after adjournment of a Congress sine die, provided
that a member of the committee who gives timely notice is given seven
days to submit separate views (clause 1(b) of rule XI);
(8) authorization for the chairman of a committee to file a final
activity report, without formal approval, after adjournment of a
Congress sine die, provided that the report has been available to each
member of the committee for seven days and includes any separate views
submitted by a member (clause 1(d) of rule XI);
(9) encouragement to committees to make their publications available
in electronic form (clause 2(e) of rule XI);
(10) encouragement to committees to elicit curricula vitae and
disclosures of certain interests from nongovernmental witnesses (clause
2(g) of rule XI);
(11) elimination of the prohibition against a committee's sitting
during proceedings on the floor under the five-minute rule (clause 2(i)
of rule XI);
(12) exceptions to the five-minute rule in committee hearings for
extended examinations of witnesses by designated members or by staff
(clause 2(j) of rule XI);
(13) replacement of the requirement of a statement of inflationary
impact in a committee report of a public bill or joint resolution with
one requiring a statement of Constitutional authority (clause 2(l) of
rule XI);
(14) reduction of the time guaranteed for composing separate views
for inclusion in a committee report from three full days to two full
days after the day of notice, and establishment of standing authority
for committees to file reports with the Clerk after honoring that
guarantee (clause 2(l) of rule XI);
(15) authorization for inclusion in a primary expense resolution of
a reserve fund for unanticipated expenses of committees, to be allocated
by the Committee on House Oversight (clause 5(a) of rule XI);
(16) authorization for the Speaker to call bills from the
Corrections Calendar at any time on a Corrections day and in any order
(clause 4(a) of rule XIII);
[[Page vii]]
ity Leader) to include a dynamic estimate of the effect of
such legislation on Federal revenues, to be prepared by
the Joint Committee on Taxation (clause 7(e) of rule XIII);
(17) authorization for a report of the Committee on Ways and Means
on major tax legislation (as designated by the Majority Leader after
consultation with the Minor-
(18) treatment of a so-called ``made-known'' provision (i.e., one
making funding contingent on a state of knowledge not required by
existing law) as legislation in a general appropriation bill or an
amendment thereto (clause 2(a) and (c) of rule XXI);
(19) elevation of the Majority Leader's preferential motion to rise
and report at the end of the reading of a general appropriation bill in
the Committee of the Whole to take precedence of any motion to amend at
that stage (clause 2(d) of rule XXI);
(20) clarification of the meanings of the terms ``Federal income tax
rate increase'' and ``retroactive'' (clause 5(c) and (d) of rule XXI);
(21) clarification of the definition of ``unfunded mandate'' (clause
5(c) of rule XXIII);
(22) clarification that, to be a proper object of a discharge
petition, a resolution providing a special rule must address the
consideration of only one measure and must not propose to admit or
effect a nongermane amendment (clause 3 of rule XXVII);
(23) prohibition of the distribution of campaign contributions in
the Hall of the House or rooms leading thereto (clause 5 of rule XXXII);
(24) redesignation of the Gift Rule (rule LI); and
(25) establishment of a Select Committee on Ethics only to resolve
an inquiry, originally undertaken by the standing Committee on Standards
of Official Conduct in the 104th Congress, by January 21, 1997 (clause
4(e)(3) of rule X).
Several changes in the standing rules that were made during the One
Hundred Fourth Congress but subsequent to the publication of the House
Rules and Manual for that Congress are now described in the annotations
following each rule in this edition. Two of these changes bear mention
here:
[[Page viii]]
(1) expansion of the limitations on outside employment and outside
earned income to include prohibitions on the receipt of advance payments
on copyright royalties and on the receipt of any payments on copyright
royalties under future contracts unless approved in advance by the
Committee on Standards of Official Conduct (clause 3 of rule XLVII); and
(2) adoption of the Gift Rule, which prohibits Members, officers,
and employees of the House from accepting any gift except as stated in
the rule (now rule LI).
Statutory provisions constituting rules of the House contained in
the Line Item Veto Act (P.L. 104-130) are shown in section 1013(6B) of
this edition. Statutory provisions contained in the Budget Enforcement
Act of 1997 (tit. X, P.L. 105-33) are shown in sections 1007, 1008, and
1013(6A) of this edition.
As noted in section 698 of this edition, a bipartisan task force was
established on February 12, 1997, to conduct a comprehensive review of
the House ethics process. At the same time the House imposed a
moratorium on filing ethics complaints and on raising certain questions
of privilege under rule IX with respect to official conduct. The
moratorium was extended through September 10, 1997. On September 18,
1997, the House adopted the recommendations of the task force with
certain amendments when the House agreed to House Resolution 168. House
Resolution 168 amended rules X and XI and contained free-standing
directives to the Committee on Standards of Official Conduct. The
provisions of House Resolution 168 included:
(1) establishment of a ``pool'' of Members who may be assigned to
serve on investigative subcommittees (clause 6(a) of rule X), and
exclusion of service on such subcommittee from the limitation on
subcommittee service (clause 6(b)(2)(A) of rule X);
(2) change in the duration of service on the committee (clause
6(a)(2) of rule X);
(3) requirement of a committee rule guaranteeing the ranking
minority member the right to place an item on the agenda (sec. 3, H.
Res. 168);
(4) requirement of a committee rule setting specified standards for
staff, providing for appointment of staff, permitting the retention of
outside counsel or temporary staff, and permitting both the chairman and
the ranking minority member one additional staff (sec. 4, H. Res. 168);
[[Page ix]]
(5) requirement that each meeting be held in executive session
unless opened by an affirmative vote of a majority of the members, and
requirement that each adjudicatory subcommittee hearing or full
committee sanction hearing be open unless closed by an affirmative vote
of a majority of its members (clause 4(e)(3) of rule X; clause 2(g)(1)
and clause 2(g)(2) of rule XI);
(6) requirement of confidentiality oath by a member, officer, or
employee having access to committee information (clause 4(e) of rule X);
(7) requirement of a committee rule permitting only the chairman or
ranking minority member to make public statements regarding matters
before the committee, unless otherwise determined by a vote of the
committee (sec. 7, H. Res. 168);
(8) exception for committee votes taken in executive session from
clause 2(e)(1) and clause 2(l)(2)(B) of rule XI, which requires
committees to disclose rollcall votes (clause 2(e)(1) and clause
2(l)(2)(B) of rule XI);
(9) permission for non-Member to file information offered as a
complaint only if a Member certifies the information is submitted in
good faith and warrants committee consideration (clause 4(e)(2)(B) of
rule X);
(10) requirement of a committee rule providing the chairman and
ranking minority member 14 calendar days or 5 legislative days
(whichever occurs first) to determine whether information offered as a
complaint constitutes a complaint (sec. 10, H. Res. 168);
(11) authority for the chairman and ranking minority member jointly
to appoint members from the ``pool'' (see item (1) above) to serve on an
investigative subcommittee, and authority for the chairman and ranking
minority member of the committee jointly to gather preliminary
additional information with regard to a complaint or information offered
as a complaint (clause 4(e)(2)(A) of rule X);
[[Page x]]
(12) requirement of a committee rule granting the chairman and
ranking minority member, unless otherwise determined by an affirmative
vote of the majority of committee members, 45 calendar days or 5
legislative days (whichever occurs later) after the date they determine
the information filed constitutes a complaint to: (a) recommend
disposition of the complaint; (b) establish an investigative
subcommittee; or (c) request an extension; further committee rule
requiring the chairman and ranking minority member to establish an
investigative subcommittee to consider a complaint not disposed by the
expiration of the time limit; and requirement that complaint placed on
the agenda before expiration of the time limit be referred to an
investigative subcommittee only by an affirmative vote of the members of
the committee (sec. 11, H. Res. 168; clause 4(e)(2)(B) of rule X);
(13) requirement of a committee rule for disposing of information
not constituting a proper complaint (sec. 12, H. Res. 168);
(14) requirement of a committee rule setting parameters for the
composition of investigative and adjudicatory subcommittees (sec. 13, H.
Res. 168);
(15) requirement of a committee rule establishing a standard of
proof for the adoption of a statement of alleged violation (sec. 14, H.
Res. 168);
(16) authority to authorize and issue a subcommittee subpoena only
by affirmative vote of a majority of its members (sec. 15, H. Res. 168;
clause 2(m)(2)(A) of rule XI);
(17) requirement of a committee rule authorizing expansion of the
scope of an investigation by an investigative subcommittee upon an
affirmative vote of a majority of the members of the full committee
(sec. 15, H. Res. 168);
(18) requirement of a committee rule authorizing an investigative
subcommittee to amend its statement of alleged violation any time before
it is transmitted to the committee and granting 30 calendar days for a
respondent to file an answer to the amended statement of alleged
violation (sec. 15, H. Res. 168);
(19) requirement of a committee rule establishing procedures to
protect the due process rights of respondents (sec. 16, H. Res. 168);
(20) requirement of a committee rule requiring committee to transmit
to the House upon an affirmative vote of a majority of its members an
investigative subcommittee report that it did not adopt a statement of
alleged violation (sec. 17, H. Res. 168);
(21) requirement of a committee rule detailing a mode of proceeding
upon an approved waiver of an adjudicatory hearing, including committee
reporting requirements and opportunity for respondent views (sec. 17, H.
Res. 168);
(22) referral of substantial evidence of a violation of law to
Federal or State authorities either with approval of the House or by an
affirmative vote of two-thirds of the members of the committee (clause
4(e)(1)(C) of rule X);
(23) authority for committee to take appropriate action in the case
of a frivolous complaint (clause 4(e)(5) of rule X);
[[Page xi]]
ber shall establish an investigative subcommittee (sec. 20,
H. Res. 168);
(24) requirement of a committee rule clarifying that, when the
committee authorizes an investigation on its own initiative, the
chairman and ranking minority mem-
(25) application of new rules to any complaint filed in the 105th
Congress (sec. 21, H. Res. 168).
The Deputy Parliamentarians, John Sullivan and Tom Duncan, and
Assistant Parliamentarians Muftiah McCartin and Tom Wickham worked
diligently to annotate the decisions of the Chair and other
parliamentary precedents of the 104th Congress and of the 105th Congress
to date of publication. Other annotations have been clarified. Gay
Topper, Deborah Khalili, and Brian Cooper contributed their clerical
skills to the preparation of this edition. All of their contributions
are gratefully acknowledged.
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 United States House of
Representatives (volumes 1 through 9) and the Deschler-Brown Precedents
of the United States House of Representatives (volumes 10 and 11), by
volume, chapter, and section (e.g., Deschler's Precedents, vol. 8, ch.
26, sec. 79.7; Deschler-Brown Precedents, vol. 10, ch. 28, sec. 4.26);
(3) the Congressional Record, by date and page (e.g., Jan. 29, 1986,
p. 684);
(4) House Practice (1996), by page (e.g., House Practice, p. 293);
(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).
Charles W. Johnson.
[[Page xiii]]
October 7, 1997.
C O N T E N T S
__________
THE CONSTITUTION
Page
Preamble.......................................................... 3
Article I.--The legislative power..................... 4
II.--The executive power....................... 61
III.--The judicial power........................ 72
IV.--Obligations, duties, etc., of the States.. 74
V.--Amendments to............................. 76
VI.--Law of the land, etc...................... 78
VII.--Ratification of........................... 82
Amendments ratified....................... 84
JEFFERSON'S MANUAL
Section I.--Importance of adhering to rules........... 117
III.--Privilege................................. 120
VI.--Quorum.................................... 139
VII.--Call of the House......................... 139
IX.--Speaker................................... 140
X.--Address................................... 142
XI.--Committees................................ 143
XII.--Committee of the Whole.................... 146
XIII.--Examination of witnesses.................. 155
XIV.--Arrangement of business................... 160
XV.--Order..................................... 162
XVI.--Order respecting papers................... 163
XVII.--Order in debate........................... 164
XVIII.--Orders of the House....................... 183
XIX.--Petition.................................. 187
XX.--Motions................................... 188
XXI.--Resolutions............................... 190
XXIII.--Bills, leave to bring in.................. 191
XXIV.--Bills, first reading...................... 192
[[Page xiv]]
XXV.--Bills, second reading..................... 193
Page
Section XXVI.--Bills, commitment......................... 193
XXVII.--Report of committee....................... 204
XXVIII.--Bill, recommitment........................ 206
XXIX.--Bills, reports taken up................... 207
XXX.--Quasi-committee........................... 208
XXXI.--Bill, second reading in the House......... 212
XXXII.--Reading papers............................ 214
XXXIII.--Privileged questions...................... 216
XXXIV.--The previous question..................... 230
XXXV.--Amendments................................ 231
XXXVI.--Division of the question.................. 240
XXXVII.--Coexisting questions...................... 243
XXXVIII.--Equivalent questions...................... 244
XXXIX.--The question.............................. 247
XL.--Bills, third reading...................... 247
XLI.--Division of the House..................... 251
XLII.--Titles.................................... 257
XLIII.--Reconsideration........................... 257
XLIV.--Bills sent to the other House............. 260
XLV.--Amendments between the Houses............. 261
XLVI.--Conferences............................... 271
XLVII.--Messages.................................. 283
XLVIII.--Assent.................................... 287
XLIX.--Journals.................................. 290
L.--Adjournment............................... 292
LI.--A session................................. 294
LII.--Treaties.................................. 298
LIII.--Impeachment............................... 301
RULES OF THE HOUSE
Rule I.--Duties of the Speaker..................... 317
II.--Election of officers...................... 341
III.--Duties of the Clerk....................... 343
IV.--Duties of the Sergeant-at-Arms............ 348
V.--Chief Administrative Officer.............. 351
VI.--Office of Inspector General............... 353
VII.--Duties of the Chaplain.................... 355
VIII.--Duties of the Members..................... 356
IX.--Questions of privilege.................... 359
X.--Establishment and jurisdiction of standing
committees................................ 373
XI.--Rules of procedure for committees......... 474
XII.--Resident Commissioner and Delegates....... 541
XIII.--Calendars and reports of committees....... 543
[[Page xv]]
XIV.--Of decorum and debate..................... 552
Page
Rule XV.--On calls of the roll and House............ 571
XVI.--On motions, their precedence, etc......... 588
XVII.--Previous question......................... 634
XVIII.--Reconsideration........................... 640
XIX.--Of amendments............................. 646
XX.--Of amendments of the Senate............... 649
XXI.--On bills.................................. 654
XXII.--Of petitions, memorials, bills, and
resolutions............................... 694
XXIII.--Of Committees of the Whole House.......... 702
XXIV.--Order of business......................... 725
XXV.--Priority of business...................... 741
XXVI.--Unfinished business of the session........ 742
XXVII.--Change or suspension of the rules......... 742
XXVIII.--Conference reports........................ 754
XXIX.--Secret session............................ 776
XXX.--Use of exhibits........................... 778
XXXI.--Hall of the House......................... 779
XXXII.--Of admission to the floor................. 780
XXXIII.--Of admission to the galleries............. 785
XXXIV.--Official and other reporters.............. 786
XXXV.--Pay of witnesses.......................... 797
XXXVI.--Preservation and availability of
noncurrent records of the House........... 797
XXXVII.--Withdrawal of papers...................... 801
XXXVIII.--Ballot.................................... 802
XXXIX.--Messages.................................. 802
XL.--Executive communications.................. 803
XLI.--Qualifications of officers and employees.. 803
XLII.--General provisions........................ 804
XLIII.--Code of official conduct.................. 804
XLIV.--Financial disclosure...................... 809
XLV.--Prohibition of unofficial office accounts. 832
XLVI.--Limitations on use of frank............... 833
XLVII.--Limitations on outside earned income...... 836
XLVIII.--Permanent Select Committee on Intelligence 842
XLIX.--Establishment of statutory limit on public
debt...................................... 857
L.--Procedure for response to subpoenas....... 861
[[Page xvi]]
LI.--Gift rule................................. 864
Page
Provisions of Legislative Reorganization Act of 1946, as Amended by The
Legislative Reorganization Act of 1970, Applicable to Both Houses
Congressional adjournment......................................... 878
Preservation of committee hearings................................ 879
Joint and Select Committees
Economic Committee, Joint......................................... 883
Internal Revenue Taxation, Joint Committee on..................... 883
Library, Joint Committee of Congress on the....................... 884
Printing, Joint Committee on...................................... 884
Inaugural Ceremonies, Joint Congressional Committee on............ 884
Select committees................................................. 884
House Offices
House Commission on Congressional Mailing Standards............... 885
House Office Building Commission.................................. 885
General Accounting Office......................................... 885
Office of Compliance.............................................. 885
Congressional Research Service.................................... 885
Legislative Counsel............................................... 886
Congressional Budget Office....................................... 886
Law Revision Counsel.............................................. 886
Technology Assessment............................................. 886
Office of Parliamentarian......................................... 886
Office of Floor Assistants........................................ 887
Corrections Calendar Office....................................... 887
House Recording Studio............................................ 887
Early organization of House....................................... 889
Miscellaneous Provisions of Congressional Budget Laws
Congressional Budget Act of 1974.................................. 895
Balanced Budget and Emergency Deficit Control Act of 1985......... 967
Budget Enforcement Act of 1990.................................... 997
Congressional Disapproval Provisions Contained in Public Laws
Resolutions privileged for consideration in House................. 1003
[[Page xvii]]
Index
Index............................................................. 1155
GENERAL ORDER OF BUSINESS
Rule XXIV
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 the Committee of the Whole
House on the State of the Union.
Ninth. Orders of the day.
SPECIAL ORDER OF BUSINESS
Second and fourth Mondays:
Mondays
Motions to discharge committees. Rule XXVII, clause 3.
Every Monday:
District of Columbia Business. Rule XXIV, clause 8.
Motions to suspend rules. Rule XXVII, clause 1.
First and third Tuesdays:
Tuesdays
Private Calendar. Rule XXIV, clause 6. Individual private bills
considered on the first Tuesday of each month, omnibus private
Second and fourth Tuesdays:
bills may be considered on third Tuesday of each month.
Every Tuesday:
Corrections Calendar. Rule XIII, clause 4.
Motions to suspend rules. Rule XXVII, clause 1.
Call of Committees under Calendar Wednesday. Rule XXIV, clause 7.
Wednesdays