    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
    [117th Congress]
    [House Document 116-177]
    [Front Matter]
    [Pages i-xv]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page i]]

    _______________________________________________________________________________

      116th Congress, 2d Session -  -  -  -  -  -  -  - House Document No. 116-177

                                  CONSTITUTION

                               JEFFERSON'S MANUAL

                                       AND

                              RULES OF THE HOUSE OF

                                 REPRESENTATIVES

                              OF THE UNITED STATES

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 JASON A. SMITH

                                 PARLIAMENTARIAN

                     [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

      44-700             U.S. GOVERNMENT PUBLISHING OFFICE

    ________________________________________________________________________

    For sale by the Superintendent of Documents, U.S. Government Publishing
                               WASHINGTON : 2021

                                     Office

    [[Page iii]]

                              Washington, DC 20402

                              HOUSE RESOLUTION 1233

                                In the House of Representatives, U.S.,

                                                        November 20, 2020.

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

                                                    Cheryl L. Johnson,

                                                                    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 Seventeenth Congress were adopted on
    January 4, 2021, when the House agreed to House Resolution 8. In
    addition to a series of changes to various standing rules, House
    Resolution 8 included separate free-standing orders constituting
    procedures to be followed in the One Hundred Seventeenth 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 8 of the One Hundred Seventeenth Congress included:

        (1) removal of outdated authority for Clerk maintenance of former
    Speaker staff on the House payroll (clause 2(i) of rule II);

        (2) codification of the Office of Diversity and Inclusion and Office
    of the Whistleblower Ombuds and establishment of policy direction and
    oversight thereof (clauses 9 and 10 of rule II; clause 4(d) of rule X);

        (3) clarification that continuing litigation authority includes the
    authority to issue subpoenas (clause 8(c) of rule II);

        (4) expansion of admission in the Hall of the House to the Mayor of
    the District of Columbia and prohibition of admission in the Hall of the
    House for former Members, officers, and staff convicted of any crime
    related to the individual's election or service to the House (clause 2
    and 4 of rule IV);

    [[Page vi]]

    der-neutrality clause (rules
    X, XXIII, XXVII, and clause 2 of rule XXIX);
        (5) modification of numerous provisions to establish gender-neutral
    terminology and elimination of a blanket gen-

        (6) clarification of the jurisdiction of the Committee on Armed
    Services to include the Space Force and Marine Corps (clause 1(c) of
    rule X);

        (7) modification to the committee oversight plan requirement to
    require priority consideration of diversity-related inequities in the
    development of such plans (clause 2(d) of rule X);

        (8) elimination of the printing requirement for availability of a
    report by the Committee on House Administration on expense resolutions
    (clause 6 of rule X);

        (9) modification of the availability requirement for the report on a
    Senate amendment reported in disagreement to permit availability
    pursuant to clause 3 of rule XXIX (clause 8(b) of rule XXII);

        (10) removal of the requirement that committee votes be made
    available by the committee for physical inspection in the committee
    offices, and expansion of amendment text availability requirement to
    include all amendments disposed of or withdrawn (clause 2(e) of rule
    XI);

        (11) expansion of the committee hearing witness disclosure
    requirements to include disclosure of any fiduciary interest in an
    entity with an interest in the subject matter of the hearing, to include
    grants as part of the foreign government disclosure, and to extend the
    disclosure window to 36 months (clause 2(g) of rule XI);

        (12) codification of a prior separate order to allow electronic
    filing of reports and to permit electronic signatures to satisfy certain
    signature requirements under the rules (rules XIII, XXV, and XXVII);

        (13) clarification of the application of committee subpoena
    authority to all persons, including current and former Presidents and
    Vice Presidents, as well as current or former employees of Presidential
    offices (clause 2(m) of rule XI);

        (14) modernization of the restriction on the use of committee audio
    and visual coverage for partisan political campaign purposes (clause
    4(b) of rule XI);

        (15) modification of the cosponsorship process to permit Members to
    remove themselves as cosponsors as a matter of right (clause 7(b) of
    rule XII);

        (16) elimination of certain comparative print requirements (clause
    12 of rule XXI);

        (17) codification of points of order against

    [[Page vii]]

        the consideration of an
    unreported bill or joint resolution and against the consideration of a
    reported bill or joint resolution that fails to include in the report a
    list of related committee and subcommittee hearings and the designation
    of at least one committee or subcommittee hearing used to develop or
    consider such bill or joint resolution (clause 3(c) of rule XIII; clause
    12 of rule XXI);

        (18) elimination of the motion to recommit with instructions and of
    debatability of the motion to recommit, and establishment of automatic
    ordering of previous question thereon (clause 2 of rule XIX; clause 7(d)
    of rule XXII), and conforming modification to the restriction of the
    authority of the Committee on Rules to report a special order of
    business preventing the offering of a motion to recommit (clause 6(c) of
    rule XIII);

        (19) elimination of the special days for the consideration of
    District of Columbia business (clause 4 of rule XV);

        (20) restriction of the authority to offer a motion to amend the
    title of a measure to the Majority Leader or a designee (clause 6 of
    rule XVI);

        (21) elimination of a point of order against consideration of a
    concurrent resolution on the budget containing reconciliation directives
    that specify changes in law that would require reported reconciliation
    legislation to cause an increase in net direct spending (clause 7 of
    rule XXI);

        (22) modification of the availability requirement for unreported
    bills and joint resolutions to allow the publicly-available text of an
    unintroduced bill or joint resolution to count for purposes of
    availability under the rule (clause 11 of rule XXI);

        (23) removal of outdated proscriptive regulatory requirement for the
    ethics rule prohibiting Members from serving as an officer or director
    of a public company (clause 19(c) of rule XXIII);

        (24) prohibition against the prevention of or retaliation for the
    provision of truthful information by an individual to the Committee on
    Ethics, the Office of Congressional Ethics, the Office of Congressional
    Workplace Rights, or law enforcement (clause 20 of rule XXIII);

        (25) prohibition against the disclosure of the identity of or
    personally identifiable information about individuals providing
    information pursuant to specified whistleblower laws (clause 21 of rule
    XXIII); and

    [[Page viii]]

        (26) conforming update to the name of the House Communications
    Standards Commission (clause 5 of rule XXIV).

        In addition to the amendments cited above, the definition of ``mass
    mailing'' in clause 9 of rule XXIV was expanded (P.L. 116-260, Dec. 27,
    2020) and clause 3(g) of rule II was modified to conform the Committee
    on Ethics appeals process under such clause to similar appeals processes
    established in the 117th Congress (sec. 8, H. Res. 85, Feb. 2, 2021, p.
    _).

        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 (volumes 1
    through 2), by Parliamentarian last name, chapter and section (e.g.,
    Precedents (Wickham), ch. 1, Sec. 1.1);

        (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).

    [[Page ix]]

        All of the members of the Office of the Parliamentarian - Anne
    Gooch, Kyle T. Jones, Julia Cook, Ben Osheroff, Christina Reid, Lloyd
    Jenkins, Kristen Donahue, and Matthew Kowalewski, as well as 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 116th Congress and of the 117th 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.

        Finally, we take a moment to express our gratitude to Thomas J.
    Wickham, Jr., not only for his significant contribution to this
    publication but for his decades of service to the office. Tom's
    immeasurable knowledge and adroit application of House procedure were
    matched only by his reverence for the institution and his commitment to
    mentorship. Like his predecessors, Tom has left an indelible mark on his
    colleagues and on the procedure of the House.

                                                                 Jay Smith

    [[Page xi]]

      March 31, 2021

                                 C O N T E N T S

                                   __________

                                THE CONSTITUTION

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

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

                       II.--The executive power.......................    68

                      III.--The judicial power........................    81

                       IV.--Obligations, duties, etc., of the States..    83

                        V.--Amendments to.............................    85

                       VI.--Law of the land, etc......................    87

                      VII.--Ratification of...........................    92

                            Amendments ratified.......................    94

                               JEFFERSON'S MANUAL

                Section I.--Importance of adhering to rules...........   129

                      III.--Privilege.................................   132

                       VI.--Quorum....................................   153

                      VII.--Call of the House.........................   154

                       IX.--Speaker...................................   154

                        X.--Address...................................   157

                       XI.--Committees................................   157

                      XII.--Committee of the Whole....................   161

                     XIII.--Examination of witnesses..................   170

                      XIV.--Arrangement of business...................   175

                       XV.--Order.....................................   176

                      XVI.--Order respecting papers...................   177

                     XVII.--Order in debate...........................   178

                    XVIII.--Orders of the House.......................   203

                      XIX.--Petition..................................   207

                       XX.--Motion....................................   208

                      XXI.--Resolutions...............................   209

                    XXIII.--Bills, leave to bring in..................   211

                     XXIV.--Bills, first reading......................   212

                      XXV.--Bills, second reading.....................   212

                     XXVI.--Bills, commitment.........................   213

                    XXVII.--Report of committee.......................   224

    [[Page xii]]

                                                                        Page

           Section XXVIII.--Bill, recommitment........................   225

                     XXIX.--Bills, reports taken up...................   226

                      XXX.--Quasi-committee...........................   228

                     XXXI.--Bill, second reading in the House.........   231

                    XXXII.--Reading papers............................   234

                   XXXIII.--Privileged questions......................   236

                    XXXIV.--The previous question.....................   249

                     XXXV.--Amendments................................   251

                    XXXVI.--Division of the question..................   260

                   XXXVII.--Coexisting questions......................   263

                  XXXVIII.--Equivalent questions......................   264

                    XXXIX.--The question..............................   266

                       XL.--Bills, third reading......................   267

                      XLI.--Division of the House.....................   271

                     XLII.--Titles....................................   276

                    XLIII.--Reconsideration...........................   276

                     XLIV.--Bills sent to the other House.............   280

                      XLV.--Amendments between the Houses.............   281

                     XLVI.--Conferences...............................   291

                    XLVII.--Messages..................................   304

                   XLVIII.--Assent....................................   309

                     XLIX.--Journals..................................   311

                        L.--Adjournment...............................   314

                       LI.--A session.................................   315

                      LII.--Treaties..................................   319

                     LIII.--Impeachment...............................   322

                               RULES OF THE HOUSE

                   Rule I.--The Speaker...............................   345

                       II.--Other Officers and Officials..............   371

                      III.--The Members, Delegates, and Resident

                            Commissioner of Puerto Rico...............   396

                       IV.--The Hall of the House.....................   401

                        V.--Broadcasting the House....................   410

                       VI.--Official Reporters and News Media

                            Galleries.................................   412

                      VII.--Records of the House......................   425

                     VIII.--Response to Subpoenas.....................   429

                       IX.--Questions of Privilege....................   432

                        X.--Organization of Committees................   454

                       XI.--Procedures of Committees and Unfinished

                            Business..................................   567

                      XII.--Receipt and Referral of Measures and

                            Matters...................................   639

                     XIII.--Calendars and Committee Reports...........   655

                      XIV.--Order and Priority of Business............   691

                       XV.--Business in Order on Special Days.........   701

    [[Page xiii]]

                                                                        Page

                 Rule XVI.--Motions and Amendments....................   720

                     XVII.--Decorum and Debate........................   776

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

                            state of the Union........................   809

                      XIX.--Motions Following the Amendment Stage.....   840

                       XX.--Voting and Quorum Calls...................   854

                      XXI.--Restrictions on Certain Bills.............   884

                     XXII.--House and Senate Relations................   943

                    XXIII.--Code of Official Conduct..................   970

                     XXIV.--Limitations on Use of Official Funds......   987

                      XXV.--Limitations on Outside Earned Income and

                            Acceptance of Gifts.......................   992

                     XXVI.--Financial Disclosure......................  1021

                    XXVII.--Disclosure by Members and Staff of

                            Employment Negotiations...................  1047

                   XXVIII.--Statutory Limit on the Public Debt........  1048

                     XXIX.--General Provisions........................  1051

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

        Legislative Reorganization Act of 1970, Applicable to Both Houses
    Congressional adjournment.........................................  1057
    Preservation of committee hearings................................  1058

                           Joint and Select Committees
    Economic Committee, Joint.........................................  1059
    Taxation, Joint Committee on......................................  1059
    Library, Joint Committee of Congress on the.......................  1060
    Printing, Joint Committee on......................................  1060
    Inaugural Ceremonies, Joint Congressional Committee on............  1060
    Select committees.................................................  1060

    [[Page xiv]]
                         House and Congressional Offices
    House Communications Standards Commission.........................  1063
    House Office Building Commission..................................  1063
    Government Accountability Office..................................  1063
    Office of Congressional Workplace Rights..........................  1063
    Congressional Research Service....................................  1064
    Legislative Counsel...............................................  1064
    Congressional Budget Office.......................................  1064
    Law Revision Counsel..............................................  1064
    Technology Assessment.............................................  1064
    Office of the Parliamentarian.....................................  1064
    Speaker's Office for Legislative Floor Activities.................  1065

                                                                        Page
    Office of Interparliamentary Affairs..............................  1065
    House Recording Studio............................................  1065
    United States Capitol Preservation Commission.....................  1065
    Office of General Counsel.........................................  1065
    Former Office of Emergency Planning, Preparedness, and Operations.  1066
    Office of Attending Physician.....................................  1066
    Office of Architect of the Capitol................................  1066
    House Democracy Partnership.......................................  1066
    Tom Lantos Human Rights Commission................................  1066
    Office of Congressional Ethics....................................  1067
    Early organization of the House...................................  1069

              Miscellaneous Provisions of Congressional Budget Laws
    Congressional Budget Act of 1974..................................  1075
    Budget Enforcement Act of 1990....................................  1157
    Statutory Pay-As-You-Go Act of 2010...............................  1161

                      Legislative Procedures Enacted in Law
    Measures privileged for consideration in House....................  1165

    [[Page xv]]

                                      Index
    Index.............................................................  1361

                            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

    Every Monday:

                                     Mondays

                  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