[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 116th Congress]
[116th Congress]
[House Document 115-177]
[Front Matter]
[Pages i-xv]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page i]]

115th Congress, 2d Session -  -  -  -  -  -  -  - House Document No. 115-177
 
                                
_______________________________________________________________________


                              CONSTITUTION


                           JEFFERSON'S MANUAL


                                   AND


                          RULES OF THE HOUSE OF


                             REPRESENTATIVES


                          OF THE UNITED STATES


                     ONE HUNDRED SIXTEENTH CONGRESS


                            THOMAS J. WICKHAM

                             PARLIAMENTARIAN

  

  

                  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

  

  

                      U.S. GOVERNMENT PUBLISHING OFFICE

  

  36-800                      WASHINGTON : 2019

  

  ________________________________________________________________________

  

  For sale by the Superintendent of Documents, U.S. Government Publishing 

                                   Office

  




[[Page iii]]

                          Washington, DC 20402


                          HOUSE RESOLUTION 1164

                            In the House of Representatives, U.S.,      

                                                    November 30, 2018.  

    Resolved, That a revised edition of the Rules and Manual of the 
House of Representatives for the One Hundred Sixteenth 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 eighty copies shall be bound in leather with thumb 
index and delivered as may be directed by the Parliamentarian of the 
House.

    Attest:

                                                    Karen L. Haas,      


                                                                Clerk.  





[[Page v]]



                                  (III)


                              PREFACE

    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 Sixteenth Congress were adopted on 
January 3, 2019, when the House agreed to title I of House Resolution 6. 
In addition to a series of changes to various standing rules, House 
Resolution 6 included separate free-standing orders constituting 
procedures to be followed in the One Hundred Sixteenth Congress. 
Explanations of the changes to the standing rules appear in the 
annotations following each rule in the text of this Manual.

    The substantive changes in the standing rules made by House 
Resolution 6 of the One Hundred Sixteenth Congress included:

    (1) clarification that Delegates and the Resident Commissioner 
receive notification of certain changes in the convening time (clause 12 
of rule I);

    (2) authority for Delegates and the Resident Commissioner to vote in 
the Committee of the Whole, subject to automatic reconsideration by the 
House on questions on which their votes are decisive (clause 3(a) of 
rule III; clause 6 of rule XVIII);

    (3) authority for Delegates and the Resident Commissioner to serve 
on joint committees (clause 3(b) of rule III);

    (4) clarification that Delegates-elect and the Resident 
Commissioner-elect are admitted in the Hall of the House and expansion 
of such admission to Governors of Territories (clause 2(a) of rule IV);


[[Page vi]]

    (5) restriction on privilege of resolutions causing a vacancy in the 
Office of Speaker to only those offered by direction of a party caucus 
or conference (clause 2(a) of rule IX);

    (6) redesignation of the Committee on Education and the Workforce as 
the Committee on Education and Labor, and of the Committee on Oversight 
and Government Reform as the Committee on Oversight and Reform (clause 1 
of rule X);

    (7) expansion of the jurisdiction of the Committee on Education and 
Labor to include the organization, administration, and general 
management of the Departments of Education and Labor (clause 1(e) of 
rule X);

    (8) modification to the committee oversight plan requirement to 
remove required review of programs with lapsed authorizations, to 
authorize committee chairs to submit their oversight plans after an 
opportunity for submission of views by committee members, to remove the 
requirement that the plans be submitted to the Committee on 
Appropriations, and to provide additional time for submission (clause 
2(d) of rule X; clause 1(d) of rule XI);

    (9) clarification of the scope of special oversight authority of the 
Committee on Oversight and Reform (clause 3(i) of rule X);

    (10) removal of the requirement for committee member attendance at 
depositions conducted by the Committee on Oversight and Reform (clause 
4(c) of rule X);

    (11) elimination of tenure limitations for membership on the 
Committee on the Budget and for committee chairs generally (clause 5 of 
rule X);

    (12) expansion, to 60 days after the election of a committee chair, 
of the deadline for the publication of committee rules in the 
Congressional Record (clause 2(a) of rule XI);

    (13) prohibition on counting weekends and legal holidays for 
purposes of the committee meeting notice requirement (except when the 
House is in session on such a day) (clause 2(g) of rule XI);

    (14) requirement that Members, Delegates, and the Resident 
Commissioner receive annual ethics training from the Committee on Ethics 
(clause 3(a) of rule XI);

    (15) requirement that the Committee on Ethics adopt a rule allowing 
the use during an ethics investigation of evidence from the trial of any 
related criminal conviction, and providing written notice thereof to the 
respondent (clause 3(p) of rule XI);


[[Page vii]]

    (16) establishment of a Consensus Calendar to provide for the 
consideration of measures cosponsored by at least 290 Members (clause 1 
of rule XIII; clause 7 of rule XV);

    (17) relaxation of the requirement that the Committee on Rules 
include an accurate depiction of certain recorded votes in its reports 
(clause 3(b) of rule XIII);

    (18) requirement that the text of certain measures or matters be 
available for 72 hours prior to consideration thereof (clause 4 of rule 
XIII; clause 11 of rule XXI; clause 8 of rule XXII);

    (19) elimination of the requirement that various cost estimates 
include an analysis of macroeconomic data (clause 8 of rule XIII);

    (20) expansion of the availability of a qualifying motion to 
discharge from specified days of the month to any day at a time 
designated by the Speaker within two legislative days of notice to offer 
the motion by a signatory of the discharge petition (clause 2 of rule 
XV), and conforming changes to several rules that relied on the previous 
version of the rule (clause 6(e) of rule XIII; clauses 3 and 4 of rule 
XV);

    (21) expansion of the authority for the Speaker to direct the Clerk 
to call the Private Calendar to any day provided that a measure has been 
on the Private Calendar for seven days and the Speaker has provided 
adequate notice (clause 5 of rule XV);

    (22) clarification that the rule against wearing hats in the Hall of 
the House does not apply to religious headdress (clause 5 of rule XVII);

    (23) clarification that Delegates and the Resident Commissioner 
count towards certain quorum requirements in the Committee of the Whole 
(clause 6 of rule XVIII);

    (24) expansion of the Speaker's authority to reduce voting times in 
the House and in the Committee of the Whole (clause 6 of rule XVIII; 
clause 8(c) and clause 9 of rule XX);

    (25) expansion of the Speaker's authority to postpone votes to 
include the question of agreeing to an amendment in the House (clause 
8(a) of rule XX);

    (26) elimination of the restriction on an amendment to a general 
appropriation bill proposing a net increase in the level of budget 
authority in the bill (clause 2(g) of rule XXI);


[[Page viii]]

    (27) elimination of the requirement of a three-fifths vote for the 
passage or adoption of certain measures or matters carrying a Federal 
tax increase, and conforming elimination of the automatic ordering of 
the yeas and nays on such measures (clause 10 of rule XX; clause 5(b) of 
rule XXI);

    (28) prohibition against the consideration of certain measures 
containing direct spending and revenues reducing a surplus or increasing 
a deficit over certain periods (clause 10 of rule XXI);

    (29) prohibition against discrimination on the basis of sexual 
orientation or gender identity (clause 9 of rule XXIII);

    (30) prohibition on certain relationships between employees of 
committees and the Members, Delegates, and the Resident Commissioner who 
serve on those committees (clause 18(a) of rule XXIII);

    (31) guidance to Members, Delegates, and the Resident Commissioner 
that they should not serve on committees or in caucus or conference 
leadership positions if indicted for certain crimes, pending the 
disposition of the underlying charges (clause 10 of rule XXIII);

    (32) restriction on service by Members, Delegates, and the Resident 
Commissioner as an officer or director of a public company (effective 
January 1, 2020) (clause 19 of rule XXIII); and

    (33) reinstatement of rule providing for automatic passage and 
engrossment of a measure adjusting the statutory limit on public debt 
with modification triggering automatic passage of such measure upon 
House adoption of a concurrent resolution on the budget and changing 
prescribed form of such measure (rule XXVIII).

    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), Deschler-Brown Precedents of the U.S. House of 
Representatives (volumes 10 through 16), Deschler-Brown-Johnson 
Precedents of the U.S. House of Representatives (volume 17), and 
Deschler-Brown-Johnson-Sullivan Precedents of the U.S. House of 
Representatives (volume 18), by chapter and section (e.g., Deschler, ch. 
26, Sec. 79.7; Deschler-Brown, ch. 28, Sec. 4.26);

    (3) Precedents of the U.S. House of Representatives (volume 1), by 
Parliamentarian last name, chapter and section (e.g., Precedents 
(Wickham), ch. 1, Sec. 1.1);


[[Page ix]]

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

    (5) House Practice (2017), by chapter and section (e.g., House 
Practice, ch. 1, Sec. 2);

    (6) 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);

    (7) the United States Code, by title and section (e.g., 2 U.S.C. 
287); and

    (8) the United States Reports, by volume and page (e.g., 395 U.S. 
486).


    All of the members of the Office of the Parliamentarian - Jason 
Smith, Anne Gooch, Kyle Jones, Julia Cook, Benjamin Osheroff, Lloyd 
Jenkins, Kristen Donahue, and Matthew Kowalewski, as well as Ethan 
Lauer, Charles Johnson, Max Spitzer, Andrew Neal, Catherine Moran, and 
Bryan Feldblum - worked diligently to annotate the decisions of the 
Chair and other parliamentary precedents of the 115th Congress and of 
the 116th Congress to the date of publication of this edition. Their 
contributions, and their devotion to the pursuit of excellence in the 
procedural practices of the House, are gratefully acknowledged. 
Particular appreciation goes to Jason Smith for his leadership in 
managing the project.

                                                Thomas J. Wickham, Jr.  






[[Page xi]]



  April 10, 2019


                                 CONTENTS


                               __________

                            THE CONSTITUTION

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

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

                   II.--The executive power.......................    67

                  III.--The judicial power........................    79

                   IV.--Obligations, duties, etc., of the States..    81

                    V.--Amendments to.............................    83

                   VI.--Law of the land, etc......................    85

                  VII.--Ratification of...........................    90

                        Amendments ratified.......................    92

                           JEFFERSON'S MANUAL

            Section I.--Importance of adhering to rules...........   127

                  III.--Privilege.................................   130

                   VI.--Quorum....................................   150

                  VII.--Call of the House.........................   151

                   IX.--Speaker...................................   152

                    X.--Address...................................   154

                   XI.--Committees................................   155

                  XII.--Committee of the Whole....................   158

                 XIII.--Examination of witnesses..................   167

                  XIV.--Arrangement of business...................   172

                   XV.--Order.....................................   174

                  XVI.--Order respecting papers...................   174

                 XVII.--Order in debate...........................   175

                XVIII.--Orders of the House.......................   202

                  XIX.--Petition..................................   205

                   XX.--Motion....................................   206

                  XXI.--Resolutions...............................   208

                XXIII.--Bills, leave to bring in..................   210

                 XXIV.--Bills, first reading......................   210

                  XXV.--Bills, second reading.....................   211

                 XXVI.--Bills, commitment.........................   212


[[Page xii]]

                XXVII.--Report of committee.......................   222

                                                                    Page

       Section XXVIII.--Bill, recommitment........................   223

                 XXIX.--Bills, reports taken up...................   224

                  XXX.--Quasi-committee...........................   226

                 XXXI.--Bill, second reading in the House.........   230

                XXXII.--Reading papers............................   232

               XXXIII.--Privileged questions......................   234

                XXXIV.--The previous question.....................   247

                 XXXV.--Amendments................................   249

                XXXVI.--Division of the question..................   258

               XXXVII.--Coexisting questions......................   261

              XXXVIII.--Equivalent questions......................   262

                XXXIX.--The question..............................   264

                   XL.--Bills, third reading......................   265

                  XLI.--Division of the House.....................   269

                 XLII.--Titles....................................   274

                XLIII.--Reconsideration...........................   274

                 XLIV.--Bills sent to the other House.............   278

                  XLV.--Amendments between the Houses.............   279

                 XLVI.--Conferences...............................   289

                XLVII.--Messages..................................   302

               XLVIII.--Assent....................................   307

                 XLIX.--Journals..................................   309

                    L.--Adjournment...............................   312

                   LI.--A session.................................   313

                  LII.--Treaties..................................   317

                 LIII.--Impeachment...............................   320

                           RULES OF THE HOUSE

               Rule I.--The Speaker...............................   341

                   II.--Other Officers and Officials..............   366

                  III.--The Members, Delegates, and Resident 

                        Commissioner of Puerto Rico...............   388

                   IV.--The Hall of the House.....................   393

                    V.--Broadcasting the House....................   401

                   VI.--Official Reporters and News Media 

                        Galleries.................................   404

                  VII.--Records of the House......................   416

                 VIII.--Response to Subpoenas.....................   420

                   IX.--Questions of Privilege....................   423

                    X.--Organization of Committees................   445

                   XI.--Procedures of Committees and Unfinished 

                        Business..................................   557

                  XII.--Receipt and Referral of Measures and 

                        Matters...................................   627

                 XIII.--Calendars and Committee Reports...........   642

                  XIV.--Order and Priority of Business............   677


[[Page xiii]]

                   XV.--Business in Order on Special Days.........   688

                                                                    Page

             Rule XVI.--Motions and Amendments....................   707

                 XVII.--Decorum and Debate........................   763

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

                        state of the Union........................   795

                  XIX.--Motions Following the Amendment Stage.....   825

                   XX.--Voting and Quorum Calls...................   841

                  XXI.--Restrictions on Certain Bills.............   871

                 XXII.--House and Senate Relations................   929

                XXIII.--Code of Official Conduct..................   956

                 XXIV.--Limitations on Use of Official Funds......   971

                  XXV.--Limitations on Outside Earned Income and 

                        Acceptance of Gifts.......................   976

                 XXVI.--Financial Disclosure......................  1005

                XXVII.--Disclosure by Members and Staff of 

                        Employment Negotiations...................  1031

               XXVIII.--Statutory Limit on the Public Debt........  1032

                 XXIX.--General Provisions........................  1035

                 
Provisions of Legislative Reorganization Act of 1946, as Amended by the 

    Legislative Reorganization Act of 1970, Applicable to Both Houses
Congressional adjournment.........................................  1039
Preservation of committee hearings................................  1040

                       Joint and Select Committees
Economic Committee, Joint.........................................  1041
Taxation, Joint Committee on......................................  1041
Library, Joint Committee of Congress on the.......................  1042
Printing, Joint Committee on......................................  1042
Inaugural Ceremonies, Joint Congressional Committee on............  1042
Select committees.................................................  1042


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                     House and Congressional Offices
House Commission on Congressional Mailing Standards...............  1045
House Office Building Commission..................................  1045
Government Accountability Office..................................  1045
Office of Congressional Workplace Rights..........................  1045
Congressional Research Service....................................  1046
Legislative Counsel...............................................  1046
Congressional Budget Office.......................................  1046
Law Revision Counsel..............................................  1046
Technology Assessment.............................................  1046
Office of the Parliamentarian.....................................  1046
Speaker's Office for Legislative Floor Activities.................  1047

                                                                    Page
Office of Interparliamentary Affairs..............................  1047
House Recording Studio............................................  1047
United States Capitol Preservation Commission.....................  1047
Office of General Counsel.........................................  1047
Former Office of Emergency Planning, Preparedness, and Operations.  1048
Office of Attending Physician.....................................  1048
Office of Architect of the Capitol................................  1048
House Democracy Partnership.......................................  1048
Tom Lantos Human Rights Commission................................  1048
Office of Congressional Ethics....................................  1049
Office of Diversity and Inclusion.................................  1049
Office of the Whistleblower Ombudsman.............................  1049
Early organization of the House...................................  1051

          Miscellaneous Provisions of Congressional Budget Laws
Congressional Budget Act of 1974..................................  1057
Budget Enforcement Act of 1990....................................  1139
Statutory Pay-As-You-Go Act of 2010...............................  1143

                  Legislative Procedures Enacted in Law
Measures privileged for consideration in House....................  1147



[[Page xv]]

                                  Index
Index.............................................................  1339

                        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


Every Monday:

              District of Columbia Business. Rule XV, clause 4.


              Motions to suspend rules. Rule XV, clause 1.


First Tuesday:

                                Tuesdays

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


Every Tuesday:

        considered on first Tuesday of each month.


              Motions to suspend rules. Rule XV, clause 1.


Call of Committees under Calendar Wednesday. Rule XV, clause 6.

Every Wednesday:

                               Wednesdays

              Motions to suspend rules. Rule XV, clause 1.