[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.