    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Front Matter]
    [Pages i-xiii]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page i]]

    108th Congress, 2d Session -  -  -  -  -  -  -  - House Document No. 108-241

    ____________________________________________________________________________

                                  CONSTITUTION

                              JEFFERSON'S MANUAL

                           AND RULES OF THE HOUSE OF

                                 REPRESENTATIVES

                              OF THE UNITED STATES

                           ONE HUNDRED NINTH CONGRESS

                                JOHN V. SULLIVAN

                                 PARLIAMENTARIAN

                         U.S. GOVERNMENT PRINTING OFFICE

                97-500

    ________________________________________________________________________

     For sale by the Superintendent of Documents, U.S. Government Printing
                WASHINGTON : 2005

                                     Office

    [[Page ii]]

                              Washington, DC 20402
    ?

    [[Page iii]]

    ?

                              HOUSE RESOLUTION 871

                                In the House of Representatives, U.S.,

                                                         December 7, 2004.

        Resolved, That a revised edition of the Rules and Manual of the
    House of Representatives for the One Hundred Ninth 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:

                                                        Jeff Trandahl,

                                                                    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 Ninth Congress were adopted on January
    4, 2005, when the House agreed to House Resolution 5. In addition to a
    series of changes to various standing rules, House Resolution 5 included
    separate free-standing orders constituting procedures to be followed in
    the One Hundred Ninth Congress. Explanations of the changes to the
    standing rules appear in the annotations following each rule in the text
    of this Manual.

        In the One Hundred Sixth Congress, the House adopted a
    recodification of the Rules of the House. For an explanation of the
    recodified format, see the Preface and other introductory matter for the
    House Rules and Manual for the One Hundred Sixth Congress (H. Doc. 105-
    358).

        The substantive changes in the standing rules made by House
    Resolution 5 of the 109th Congress included:

        (1) establishment of the Committee on Homeland Security as a
    standing committee (granting it legislative jurisdiction and oversight
    responsibilities and including conforming changes to the jurisdictional
    statements of the Committees on the Judiciary, Transportation and
    Infrastructure, and Ways and Means) (clauses 1 and 3 of rule X);

        (2) codification of the exercise of jurisdiction by the Committee on
    the Judicary over criminal law enforcement (clause 1(l) of rule X);

        (3) requirement of committees, when developing their oversight
    plans, to insure against the duplication of Federal programs (clause
    2(d) of rule X);

    [[Page vi]]

    each party (rather than a Member of the elected leadership of each
    party) (clause 5(a)(2) of rule X);
        (4) inclusion in composition of the Committee on the Budget a Member
    designated by the elected leadership of

        (5) exemption for the chairman of the Committee on Rules from the
    limit on consecutive terms for chairmen (clause 5(c) of rule X);

        (6) establishment of privileged motion in committee to recess
    subject to the call of the chair (within 24 hours) (clause 1(a) of rule
    XI);

        (7) authorization for committees to adopt a rule providing that the
    chairman be directed to offer a motion to go to conference whenever the
    chairman considers it appropriate (clause 2(a) of rule XI);

        (8) extension of the Speaker's authority to entertain motions to
    suspend the rules to include Wednesdays (clause 1 of rule XV);

        (9) repeal of the Corrections Calendar (clause 6 of rule XV);

        (10) authorization for remarks in debate to include references to
    the Senate or its Members, so long as avoiding personality (clause 1(b)
    of rule XVII);

        (11) establishment of procedures by which a provisional number of
    the House may operate in the event of catastrophic circumstances (clause
    5(c) of rule XX);

        (12) expansion of the Speaker's authority to postpone votes to
    include the question of agreeing to the motion to reconsider, the
    question of agreeing to the motion to lay on the table a motion to
    reconsider, and the question of agreeing to an amendment reported from
    the Committee of the Whole (clause 8(a) of rule XX);

        (13) authorization for Members to use campaign funds to defray
    certain official expenses (clause 1 of rule XXIV);

        (14) extension of prohibition against use of the frank for mass
    mailings to 90 days (from 60) before an election (clause 8 of rule
    XXIV);

        (15) expansion of the definition in the gift rule of ``necessary
    transportation, lodging, and related expenses'' to include travel
    expenses of the relative of a Member (rather than only spouse or child)
    (clause 5 of rule XXV); and

    [[Page vii]]

    isted at the close of the 108th Congress were reinstated (H. Res. 240,
    Apr. 27, 2005, p. ----).
        (16) amendments to various requirements that the Committee on
    Standards of Official Conduct adopt certain rules with respect to the
    duties of the chairman and ranking minority member regarding properly
    filed complaints, due process rights, and committee reporting
    requirements (clause 3(b), (k), (p), and (q) of rule XI); however, such
    amendments were redacted and the provisions as they ex

        In addition to the amendments cited above, clause 11(a)(1) of rule X
    was amended to change the size of the Permanent Select Committee on
    Intelligence (H. Res. 51, 109th Cong., Jan. 26, 2005, p. ----) and
    clause 3 of rule XXI was amended to conform the rule to the current law
    authorizing funds for highway and transit programs and to codify a rule
    of construction (sec. 8004, Safe, Accountable, Flexible, Efficient
    Transportation Equity Act: A Legacy for Users (SAFETEA-LU), P.L. 109-59;
    2 U.S.C. 901 note).

        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 U.S. House of Representatives
    (volumes 1 through 9) and the Deschler-Brown Precedents of the U.S.
    House of Representatives (volumes 10 through 16), by volume, chapter,
    and section (e.g., Deschler, ch. 26, Sec. 79.7; Deschler-Brown, ch. 28,
    Sec. 4.26);

        (3) the Congressional Record, by date and page (e.g., Jan. 29, 1986,
    p. 684);

        (4) House Practice (2003), by chapter and section (e.g., House
    Practice, ch. 1, Sec. 2);

        (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).

        Readers are invited to refer to the prefaces of Hinds', Cannon's,
    and Deschler's Precedents (Volumes I, VI, and 1, respectively) for
    comprehensive overviews by those editors of the procedural history of
    the House of Representatives from 1789 to 1976.

    [[Page viii]]

    108th Congress and the 109th Congress to the date of publication and
    otherwise shared their considerable technical skills in the preparation
    of this edition. Their contributions to the revision of this Manual,
    including those of Muftiah McCartin in managing the process, and their
    unremitting dedication to parliamentary probity in the practices of the
    House are gratefully acknowledged.
        All the members of the Office of the Parliamentarian -- Charles
    Johnson, Tom Duncan, Muftiah McCartin, Tom Wickham, Ethan Lauer, Tara
    Sarathy, Carrie Wolf, Gay Topper, Brian Cooper, Deborah Khalili, and
    Bryan Feldblum -- worked diligently to annotate the decisions of the
    Chair and other parliamentary precedents of the

        To whatever extent the annotations in this work reflect consistency
    and predictability in the procedural practices of the House, a lion's
    share of credit is owed to Charles W. Johnson III and his predecessor,
    Wm. Holmes Brown. Together with their predecessor, Lewis Deschler, they
    have produced published precedents of the House that, along with the
    seminal sets of precedents published by Clarence Cannon and Asher Hinds,
    trace the parliamentary jurisprudence of the House to the 18th century.

        Charles W. Johnson III was appointed to the Office of the
    Parliamentarian of the House of Representatives in May 1964 and, over
    the ensuing 40 years, continuously served there under seven successive
    Speakers, the final 10 years as Parliamentarian of the House under the
    appointments of three successive Speakers. His mentor and dear friend,
    Wm. Holmes Brown, was appointed to the Office in 1958 and, over the
    ensuing 36 years, continuously served under six successive Speakers, the
    final 20 as Parliamentarian under the appointments of four successive
    Speakers. Together, Messrs. Brown and Johnson unfailingly endeavored to
    apply pertinent precedent to every parliamentary question, in
    recognition of the principle that fidelity to precedent promotes
    procedural fairness and legitimacy. They institutionalized in the Office
    of the Parliamentarian their demonstrated commitment to consistency in
    parliamentary analysis.

        Mr. Brown passed away on May 27, 2001. In publishing volume 16 of
    the Deschler-Brown Precedents in February, 2002, Mr. Johnson paid
    tribute to Mr. Brown's work in compilation of the precedents after his
    retirement. On the occasion of Mr. Johnson's own retirement at the end
    of May, 2004, the House acclaimed its profound gratitude to him for his
    unrivaled record of devoted service and steady, impartial guidance as
    its Parliamentarian. The same profound gratitude toward both of these
    Parliamentarians fills the hearts of those who prepared this edition of
    the House Rules and Manual.

                                                          John V. Sullivan

    [[Page ix]]

      October 7, 2005

                                 C O N T E N T S

                                   __________

                                THE CONSTITUTION

                                                                        Page
    Preamble..........................................................     3

                Article I.--The legislative power.....................     4

                       II.--The executive power.......................    65

                      III.--The judicial power........................    77

                       IV.--Obligations, duties, etc., of the States..    79

                        V.--Amendments to.............................    81

                       VI.--Law of the land, etc......................    83

                      VII.--Ratification of...........................    87

                            Amendments ratified.......................    90

                               JEFFERSON'S MANUAL

                Section I.--Importance of adhering to rules...........   125

                      III.--Privilege.................................   128

                       VI.--Quorum....................................   147

                      VII.--Call of the House.........................   148

                       IX.--Speaker...................................   149

                        X.--Address...................................   151

                       XI.--Committees................................   152

                      XII.--Committee of the Whole....................   155

                     XIII.--Examination of witnesses..................   164

                      XIV.--Arrangement of business...................   170

                       XV.--Order.....................................   172

                      XVI.--Order respecting papers...................   173

                     XVII.--Order in debate...........................   173

                    XVIII.--Orders of the House.......................   194

                      XIX.--Petition..................................   198

                       XX.--Motions...................................   199

                      XXI.--Resolutions...............................   201

                    XXIII.--Bills, leave to bring in..................   203

                     XXIV.--Bills, first reading......................   203

                      XXV.--Bills, second reading.....................   204

                     XXVI.--Bills, commitment.........................   204

    [[Page x]]

                    XXVII.--Report of committee.......................   215

                                                                        Page

           Section XXVIII.--Bill, recommitment........................   216

                     XXIX.--Bills, reports taken up...................   217

                      XXX.--Quasi-committee...........................   219

                     XXXI.--Bill, second reading in the House.........   223

                    XXXII.--Reading papers............................   225

                   XXXIII.--Privileged questions......................   227

                    XXXIV.--The previous question.....................   240

                     XXXV.--Amendments................................   242

                    XXXVI.--Division of the question..................   251

                   XXXVII.--Coexisting questions......................   254

                  XXXVIII.--Equivalent questions......................   255

                    XXXIX.--The question..............................   258

                       XL.--Bills, third reading......................   258

                      XLI.--Division of the House.....................   262

                     XLII.--Titles....................................   268

                    XLIII.--Reconsideration...........................   268

                     XLIV.--Bills sent to the other House.............   271

                      XLV.--Amendments between the Houses.............   272

                     XLVI.--Conferences...............................   282

                    XLVII.--Messages..................................   295

                   XLVIII.--Assent....................................   299

                     XLIX.--Journals..................................   302

                        L.--Adjournment...............................   304

                       LI.--A session.................................   306

                      LII.--Treaties..................................   309

                     LIII.--Impeachment...............................   313

                               RULES OF THE HOUSE

                   Rule I.--The Speaker...............................   333

                       II.--Other Officers and Officials..............   354

                      III.--The Members, Delegates, and Resident

                            Commissioner of Puerto Rico...............   373

                       IV.--The Hall of the House.....................   377

                        V.--Broadcasting the House....................   385

                       VI.--Official Reporters and News Media

                            Galleries.................................   387

                      VII.--Records of the House......................   399

                     VIII.--Response to Subpoenas.....................   403

                       IX.--Questions of Privilege....................   407

                        X.--Organization of Committees................   424

                       XI.--Procedures of Committees and Unfinished

                            Business..................................   533

                      XII.--Receipt and Referral of Measures and

                            Matters...................................   593

                     XIII.--Calendars and Committee Reports...........   607

                      XIV.--Order and Priority of Business............   641

    [[Page xi]]

                       XV.--Business in Order on Special Days.........   652

                                                                        Page

                 Rule XVI.--Motions and Amendments....................   672

                     XVII.--Decorum and Debate........................   723

                    XVIII.--The Committee of the Whole House on the

                            state of the Union........................   751

                      XIX.--Motions Following the Amendment Stage.....   780

                       XX.--Voting and Quorum Calls...................   795

                      XXI.--Restrictions on Certain Bills.............   823

                     XXII.--House and Senate Relations................   869

                    XXIII.--Code of Official Conduct..................   894

                     XXIV.--Limitations on Use of Official Funds......   901

                      XXV.--Limitations on Outside Earned Income and

                            Acceptance of Gifts.......................   905

                     XXVI.--Financial Disclosure......................   928

                    XXVII.--Statutory Limit on Public Debt............   951

                   XXVIII.--General Provisions........................   955
    Provisions of Legislative Reorganization Act of 1946, as Amended by the

        Legislative Reorganization Act of 1970, Applicable to Both Houses
    Congressional adjournment.........................................   959
    Preservation of committee hearings................................   960

                           Joint and Select Committees
    Economic Committee, Joint.........................................   961
    Internal Revenue Taxation, Joint Committee on.....................   961
    Library, Joint Committee of Congress on the.......................   962
    Printing, Joint Committee on......................................   962
    Inaugural Ceremonies, Joint Congressional Committee on............   962
    Select committees.................................................   962

    [[Page xii]]

                         House and Congressional Offices
    House Commission on Congressional Mailing Standards...............   965
    House Office Building Commission..................................   965
    Government Accountability Office..................................   965
    Office of Compliance..............................................   965
    Congressional Research Service....................................   966
    Legislative Counsel...............................................   966
    Congressional Budget Office.......................................   966
    Law Revision Counsel..............................................   966
    Technology Assessment.............................................   966
    Office of the Parliamentarian.....................................   966
    Office of Floor Assistants........................................   967
    Office of Interparliamentary Affairs..............................   967
    House Recording Studio............................................   967

                                                                        Page
    United States Capitol Preservation Commission.....................   967
    Office of General Counsel.........................................   968
    Office of Emergency Planning, Preparedness, and Operations........   968
    Office of Attending Physician.....................................   968
    Office of Architect of the Capitol................................   968
    Early organization of House.......................................   969

              Miscellaneous Provisions of Congressional Budget Laws
    Congressional Budget Act of 1974..................................   975
    Budget Enforcement Act of 1990....................................  1053

          Congressional Disapproval Provisions Contained in Public Laws
    Resolutions privileged for consideration in House.................  1060

    [[Page xiii]]

                                      Index
    Index.............................................................  1233

                            GENERAL ORDER OF BUSINESS

                                    Rule XIV

                  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 Committee of the Whole.

                  Ninth. Orders of the day.

                            SPECIAL ORDER OF BUSINESS

    Second and fourth Mondays:

                                     Mondays

                  Motions to discharge committees. Rule XV, clause 2.

    Every Monday:

                  District of Columbia Business. Rule XV, clause 4.

                  Motions to suspend rules. Rule XV, clause 1.

    First and third Tuesdays:

                                    Tuesdays

      Private Calendar. Rule XV, clause 5. Individual private bills

            considered on first Tuesday of each month, omnibus private bills

    Every Tuesday:

            may be considered on third Tuesday of each month.

                  Motions to suspend rules. Rule XV, clause 1.

    Call of Committees under Calendar Wednesday. Rule XV, clause 7.

    Every Wednesday:

                                   Wednesdays

                  Motions to suspend rules. Rule XV, clause 1.