[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