    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Front Matter]
    [Pages i-xv]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page i]]

    103d Congress, 2d Session -  -  -  - -  -  - House Document No. 103-342
    ________________________________________________________________________

                                  CONSTITUTION

                               JEFFERSON'S MANUAL

                                       AND

                      RULES OF THE HOUSE OF REPRESENTATIVES

                              OF THE UNITED STATES

                           ONE HUNDRED FOURTH CONGRESS

                               CHARLES W. JOHNSON

                                 PARLIAMENTARIAN

    ________________________________________________________________________

                         U.S. GOVERNMENT PRINTING OFFICE
    86-979cc                    WASHINGTON : 1995

                   For sale by U.S. Government Printing Office

        Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402

    [[Page iii]]

                              HOUSE RESOLUTION 580

                                In the House of Representatives, U.S.,

                                                          October 7, 1994.

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

        Attest:

                                                  Donnald K. Anderson,

                                                                    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 Fourth Congress were adopted on
    January 4, 1995, when the House agreed to House Resolution 6. This
    resolution reinstated the rules of the One Hundred Third Congress with
    amendments to various standing rules and with several free-standing
    provisions, as well. 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 6 included:

        (1) reduction in the number of staff of House committees (free-
    standing) and in the number of subcommittees (clause 6 of rule X);

        (2) consolidation of committee staffs and biennial funding in
    committee primary expense resolutions (clause 5 of rule XI);

        (3) elimination of the distinction between professional and clerical
    committee staff while retaining the concept of a core staff of up to 30
    persons and reserving one third of the core number to the minority
    (clause 6 of rule XI);

        (4) requirement that cost estimates in committee reports include
    comparisons of the total estimated funding recommended with the
    appropriate levels under current law for each affected program (clause 2
    of rule XI);

        (5) imposition of limits on consecutive terms for Speaker and
    committee and subcommittee chairmen (clause 7 of rule I; clause 6 of
    rule X);

        (6) prohibition against proxy voting in committees and subcommittees
    (clause 2 of rule XI);

    [[Page vi]]
    tional security, compromise of sensitive law enforcement information,
    tendency to defame, degrade, or incriminate any person, or violation of
    any law or rule of the House (clause 2 of rule XI);
        (7) restriction of permissible reasons for closing committee and
    subcommittee meetings to endangerment of na

        (8) provision that broadcasts of open committee and subcommittee
    meetings and hearings be a matter of right, no longer requiring approval
    of committee (clause 3 of rule XI);

        (9) requirement for a three-fifths vote for passage of a bill or
    joint resolution, or adoption of amendments thereto or conference
    reports thereon, containing a Federal income tax rate increase, and
    prohibition against consideration of such measures if containing a
    retroactive Federal income tax rate increase (clause 5 of rule XXI);

        (10) authorization for the Inspector General to conduct a
    comprehensive audit of House financial records, physical assets, and
    operational facilities (free-standing);

        (11) abolition of the Office of the Doorkeeper and transfer of those
    functions to the Office of the Sergeant-at-Arms (rule IV);

        (12) replacement of the Director of Financial and Non-Legislative
    Services with a Chief Administrative Officer elected by the House (rule
    V);

        (13) requirement that the Inspector General audit all House
    functions and refer possible violations of rules or law to the Committee
    on Standards of Official Conduct (rule VI);

    [[Page vii]]
    Committee on Science, Space, and Technology as the Committee on Science
    (clause 1 of rule X);
        (14) abolition of the standing Committees on the District of
    Columbia and on Post Office and Civil Service and transfer of their
    jurisdictions to the Committee on Government Reform and Oversight
    (renamed from Committee on Government Operations); and abolition of the
    standing Committee on Merchant Marine and Fisheries and transfer of
    aspects of its jurisdiction to the Committee on National Security
    (renamed from Committee on Armed Services), the Committee on Resources
    (renamed from Committee on Natural Resources), and the Committee on
    Transportation and Infrastructure (renamed from Committee on Public
    Works and Transportation); and renaming of the Committee on Banking,
    Finance and Urban Affairs as the Committee on Banking and Financial
    Services, the Committee on Energy and Commerce as the Committee on
    Commerce, the Committee on Education and Labor as the Committee on
    Economic and Educational Opportunities, the Committee on House
    Administration as the Committee on House Oversight, the Committee on
    Foreign Affairs as the Committee on International Relations, and the

        (15) expansion of the jurisdiction of the Committee on the Budget to
    include measures relating to the establishment, extension, and
    enforcement of special controls over the Federal budget, and
    modification of the limit on service on that Committee from three terms
    in any five Congresses to four terms in any six Congresses (clause 1 of
    rule X);

        (16) requirement that each committee submit to the Committees on
    House Oversight and Government Reform and Oversight by February 15 of
    the first session of a Congress its oversight plans for that Congress,
    with such plans to be transmitted by those committees to the House by
    March 31, with recommendations to ensure coordination among committees,
    with funding for each committee to be contingent on fulfillment of such
    requirement, with required coverage of oversight accomplishments in
    final committee-activity reports; and with authority for the Speaker,
    with the approval of the House, to appoint special, ad hoc oversight
    committees to review matters within the jurisdiction of two or more
    standing committees (clause 2 of rule X);

        (17) restriction of each Member to two full committee assignments
    and four subcommittee assignments, absent House approval of any
    exception upon recommendation of the respective party caucus (clause 6
    of rule X);

        (18) requirement that the Speaker designate a committee of primary
    jurisdiction in each referral of a measure to committee (clause 5 of
    rule X);

        (19) requirement that transcripts of meetings and hearings in
    committee be a substantially verbatim account of remarks actually made
    during the proceedings (clause 2 of rule XI);

        (20) elimination of a ``rolling quorum'' requirement for reporting
    from committee to the House, thereby requiring a quorum to be actually
    present when any measure or matter is ordered reported (clause 2 of rule
    XI);

        (21) prohibition against committees' sitting during the five-minute
    rule absent special leave to be granted unless 10 Members object or upon
    privileged motion of the Majority Leader, with exceptions for the
    Committees on Appropriations, the Budget, Rules, Standards of Official
    Conduct, and Ways and Means (clause 2 of rule XI);

    [[Page viii]]
    against and the names of those voting for or against each amendment to
    the measure and the motion to report it to the House (clause 2 of rule
    XI);
        (22) requirement that each committee report reflect for each
    rollcall vote in full committee the number of votes cast for or

        (23) prohibition against the Committee on Rules' reporting a special
    rule denying the Minority Leader or designee the right to offer
    amendatory instructions in a motion to recommit (clause 4 of rule XI);

        (24) repeal of a provision permitting Delegates to vote and to
    preside in the Committee of the Whole (clause 2 of rule XII; clause 2 of
    rule XXIII);

        (25) requirement that the Congressional Record be a substantially
    verbatim account of remarks made during House proceedings, establishing
    a standard of official conduct therefor (clause 9 of rule XIV);

        (26) requirement that the yeas and nays be considered as ordered on
    the question of passage or adoption of a general appropriation bill, a
    bill containing a Federal income tax rate increase, a concurrent
    resolution on the budget, or conference reports thereon (clause 7 of
    rule XV);

        (27) revisions in the process for floor consideration of general
    appropriation bills: (a) to permit only the Majority Leader or a
    designee to move that the Committee of the Whole rise and report the
    bill at the end of the reading for amendment in order to prevent the
    offering of limitation amendments; (b) to prohibit the inclusion of
    ``non-emergency'' items or amendments in bills containing ``emergency''
    designations except to rescind budget authority or reduce direct
    spending to pay for a designated emergency; (c) to permit nondivisible,
    offsetting, deficit neutral amendments to be offered en bloc amending
    portions of the bill not yet read; and (d) to require reports of the
    Committee on Appropriations to list each unauthorized appropriation in
    the bill (clauses 2 and 3 of rule XXI);

        (28) prohibition against the introduction or consideration of any
    measure establishing a commemoration by designating a specified period
    of time (clause 2 of rule XXII);

        (29) requirement that all amendments to a bill submitted for
    printing in the Congressional Record be consecutively numbered in the
    order printed (clause 6 of rule XXIII);

        (30) requirement for weekly publication in the Congressional Record
    of the names of all new signers of Discharge Petitions and for daily
    availability of lists of all signers (clause 3 of rule XXVII);

    [[Page ix]]
    ployees prior to having access to classified materials (clause 13 of
    rule XLIII);
        (31) amendment of the Code of Official Conduct to require an oath of
    secrecy for Members, officers, and em

        (32) reduction in the size of the Permanent Select Committee on
    Intelligence from nineteen to sixteen members, with the limit on service
    on that Committee modified from three terms in five Congresses to four
    terms in six Congresses (clause 1 of rule XLVIII);

        (33) prohibition against the establishment or continuation of any
    Legislative Service Organization (free-standing);

        (34) authority for the Speaker to postpone votes on ordering the
    previous question on certain additional matters and to conduct five-
    minute votes immediately following such fifteen minute previous question
    votes (clause 5 of rule I; clause 5 of rule XV); and

        (35) prohibition against use of personal electronic office equipment
    on the floor of the House (clause 7 of rule XIV).

        Additional changes in the standing rules made subsequent to the
    adoption of House Resolution 6 at the beginning of the 104th Congress
    are also included in this Manual as follows:

        (1) authority for the chairman of a committee, with the concurrence
    of the ranking minority member, or the committee by majority vote, to
    announce the commencement of hearings sooner than one week following the
    announcement (clause 2 of rule XI);

        (2) provisions in title I of the ``Unfunded Mandates Reform Act of
    1995'' (P.L. 104-4; 109 Stat. 48 et seq.), effective on January 1, 1996,
    or 90 days after appropriations are made available to the Congressional
    Budget Office pursuant to the 1995 Act (whichever is earlier),
    permitting motions to strike unfunded Federal mandates exceeding
    specified thresholds from a bill during the amendment process (clause 5
    of rule XXIII), and prohibiting consideration in the House or the Senate
    of bills, amendments, or conference reports containing unfunded mandates
    over permitted thresholds, to be enforced by procedures permitting the
    House to vote on the question of consideration notwithstanding the point
    of order (sec. 425-6, Congressional Budget Act of 1974; 2 U.S.C. 658d-
    e);

    [[Page x]]

        (3) provisions in the Congressional Accountability Act of 1995 (P.L.
    104-1; 109 Stat. 3 et seq.) that require each committee report on a bill
    relating to terms and conditions of employment or access to public
    services or accommodations to describe the manner in which the
    provisions do or do not apply to the Legislative Branch (sec.
    102(b)(3)); and

        (4) repeal of the Consent Calendar rule and its replacement with a
    new ``Corrections Calendar'' (clause 4 of rule XIII).

        The preparation of this edition is dedicated to Wm. Holmes Brown,
    who retired as Parliamentarian in September of 1994 after more than
    thirty-six years of service to the House.

        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 103d Congress and of the 104th 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) 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);

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

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

                                                       Charles W. Johnson.

    [[Page xi]]

      July 10, 1995.

                                 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...........................   163

                    XVIII.--Orders of the House.......................   181

                      XIX.--Petition..................................   185

                       XX.--Motions...................................   186

                      XXI.--Resolutions...............................   187

                    XXIII.--Bills, leave to bring in..................   189

                     XXIV.--Bills, first reading......................   190

    [[Page xii]]

                      XXV.--Bills, second reading.....................  190

                                                                        Page

             Section XXVI.--Bills, commitment.........................   191

                    XXVII.--Report of committee.......................   202

                   XXVIII.--Bill, recommitment........................   203

                     XXIX.--Bills, reports taken up...................   204

                      XXX.--Quasi-committee...........................   206

                     XXXI.--Bill, second reading in the House.........   210

                    XXXII.--Reading papers............................   212

                   XXXIII.--Privileged questions......................   214

                    XXXIV.--The previous question.....................   228

                     XXXV.--Amendments................................   229

                    XXXVI.--Division of the question..................   238

                   XXXVII.--Coexisting questions......................   241

                  XXXVIII.--Equivalent questions......................   242

                    XXXIX.--The question..............................   245

                       XL.--Bills, third reading......................   245

                      XLI.--Division of the House.....................   249

                     XLII.--Titles....................................   255

                    XLIII.--Reconsideration...........................   255

                     XLIV.--Bills sent to the other House.............   258

                      XLV.--Amendments between the Houses.............   259

                     XLVI.--Conferences...............................   269

                    XLVII.--Messages..................................   281

                   XLVIII.--Assent....................................   285

                     XLIX.--Journals..................................   288

                        L.--Adjournment...............................   290

                       LI.--A session.................................   292

                      LII.--Treaties..................................   296

                     LIII.--Impeachment...............................   299

                               RULES OF THE HOUSE

                   Rule I.--Duties of the Speaker.....................   315

                       II.--Election of officers......................   336

                      III.--Duties of the Clerk.......................   337

                       IV.--Duties of the Sergeant-at-Arms............   343

                        V.--Chief Administrative Officer..............   346

                       VI.--Office of Inspector General...............   348

                      VII.--Duties of the Chaplain....................   350

                     VIII.--Of the Members............................   350

                       IX.--Questions of privilege....................   353

                        X.--Establishment and jurisdiction of standing

                            committees................................   365

                       XI.--Rules of procedure for committees.........   451

                      XII.--Resident Commissioner and Delegates.......   515

                     XIII.--Calendars and reports of committees.......   517

    [[Page xiii]]

                      XIV.--Of decorum and debate.....................  525

                                                                        Page

                  Rule XV.--On calls of the roll and House............   542

                      XVI.--On motions, their precedence, etc.........   558

                     XVII.--Previous question.........................   604

                    XVIII.--Reconsideration...........................   610

                      XIX.--Of amendments.............................   615

                       XX.--Of amendments of the Senate...............   619

                      XXI.--On bills..................................   623

                     XXII.--Of petitions, memorials, bills, and

                            resolutions...............................   660

                    XXIII.--Of Committees of the Whole House..........   669

                     XXIV.--Order of business.........................   691

                      XXV.--Priority of business......................   707

                     XXVI.--Unfinished business of the session........   708

                    XXVII.--Change or suspension of the rules.........   709

                   XXVIII.--Conference reports........................   719

                     XXIX.--Secret session............................   741

                      XXX.--Reading of papers.........................   743

                     XXXI.--Hall of the House.........................   744

                    XXXII.--Of admission to the floor.................   745

                   XXXIII.--Of admission to the galleries.............   750

                    XXXIV.--Official and other reporters..............   750

                     XXXV.--Pay of witnesses..........................   761

                    XXXVI.--Preservation and Availability of

                            Noncurrent Records of the House...........   762

                   XXXVII.--Withdrawal of papers......................   765

                  XXXVIII.--Ballot....................................   766

                    XXXIX.--Messages..................................   766

                       XL.--Executive communications..................   767

                      XLI.--Qualifications of officers and employees..   767

                     XLII.--General provisions........................   768

                    XLIII.--Code of Official Conduct..................   768

                     XLIV.--Financial Disclosure......................   774

                      XLV.--Prohibition of Unofficial Office Accounts.   797

                     XLVI.--Limitations on Use of Frank...............   798

                    XLVII.--Limitations on Outside Earned Income......   800

                   XLVIII.--Permanent Select Committee on Intelligence   806

                     XLIX.--Establishment of Statutory Limit on Public

                            Debt......................................   821

                        L.--Procedure for response to subpoenas.......   825

                       LI.--Employment Practices......................   828

    [[Page xiv]]

                      LII.--Application of Certain Laws...............  836

                                                                        Page
    Provisions of Legislative Reorganization Act of 1946, as Amended by The

    Congressional adjournment.........................................   853
    Preservation of committee hearings................................   854

        Legislative Reorganization Act of 1970, Applicable to Both Houses

    Economic Committee, Joint.........................................   857
    Internal Revenue Taxation, Joint Committee on.....................   857
    Library, Joint Committee of Congress on the.......................   858
    Printing, Joint Committee on......................................   858

                           Joint and Select Committees

    Franking..........................................................   859
    Room Assignments..................................................   859
    General Accounting Office.........................................   859
    Consultants and training..........................................   859
    Congressional Research Service....................................   859
    Legislative Counsel...............................................   860
    Law Revision Counsel..............................................   860
    Technology Assessment.............................................   860
    Office of Parliamentarian.........................................   860
    Office of House Historian.........................................   860
    Office of Floor Assistants........................................   861
    Early Organization of House.......................................   863

                               Services to Members

    Congressional Budget Act of 1974..................................   869
    Balanced Budget and Emergency Deficit Control Act of 1985.........   949
    Budget Enforcement Act of 1990....................................   979

              Miscellaneous Provisions of Congressional Budget Laws

    Index.............................................................   986
    Resolutions Privileged for Consideration in House.................   987

          Congressional Disapproval Provisions Contained in Public Laws

    Index.............................................................  1117

    [[Page xv]]

                                      Index

                            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

                                    Mondays

              Second and fourth Mondays:

                Motions to discharge committees. Rule XXVII, clause 3.

                District of Columbia Business. Rule XXIV, clause 8.

              Every Monday:

                Motions to suspend rules. Rule XXVII, clause 1.

                                    Tuesdays

              First and third Tuesdays:

                Private Calendar. Rule XXIV, clause 6. Individual private

                  bills considered on the first Tuesday of each month,

                  omnibus private bills may be considered on third Tuesday

                  of each month.

              Second and fourth Tuesdays:

                Corrections Calendar. Rule XIII, clause 4.

              Every Tuesday:

                Motions to suspend rules. Rule XXVII, clause 1.

                                   Wednesdays

              Call of Committees under Calendar Wednesday. Rule XXIV,

                clause 7.