    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Front Matter]
    [Pages ii-xvii]
    [From the U.S. Government Publishing 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