[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


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                  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


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                  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.