[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Rules of the House of Representatives]
[Pages 1038-1041]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 1038]]
 
                                Rule XXIX


                           general provisions



Sec. 1105. Relations of Jefferson's Manual and provisions 
of law to the Rules of the House.

  1.  The provisions of law that 
constituted the Rules of the House at the end of the previous Congress 
shall govern the House in all cases to which they are applicable, and 
the rules of parliamentary practice comprised by Jefferson's Manual 
shall govern the House in all cases to which they are applicable and in 
which they are not inconsistent with the Rules and orders of the House.



  2. (Reserved.)


  Clause 1 was adopted in 1837 (V, 6757), and amended January 3, 1953, 
p. 24, when it was also renumbered. When the House recodified its rules 
in the 106th Congress, clause 1 was transferred from former rule XLII 
and was modified to reference all provisions of law comprising House 
rules at the end of the previous Congress (a compilation of which is 
included in Sec. Sec. 1127-1130, infra); and clause 2 was added (H. Res. 
5, Jan. 6, 1999, p. 47). This rule was redesignated as rule XXVII in the 
107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. 24), redesignated 
as rule XXVIII in the 108th Congress (sec. 2(t), H. Res. 5, Jan. 7, 
2003, p. 7), and redesignated as rule XXIX in the 110th Congress (sec. 
301, P.L. 110-81). Clause 2 was amended in the 111th Congress to act as 
a catch-all when gender-based references throughout the rules were 
eliminated (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7), and such clause 
was deleted in the 117th Congress when remaining gender-based references 
in the rules were eliminated (sec. 2(d)(7), H. Res. 8, Jan. 4, 2021, p. 
_). The importance of Jefferson's Manual as an authority in 
congressional procedure has been discussed (VII, 1029, 1049; VIII, 2501, 
2517, 2518, 3330).




Sec. 1105a. Layover satisfied by electronic 
availability.

  3.  If a measure or matter is publicly available at an 
electronic document repository operated by the Clerk, it shall be 
considered as having been available to Members, Delegates, and the 
Resident Commissioner for purposes of these rules.


  This clause was added in the 112th Congress (sec. 2(c)(2), H. Res. 5, 
Jan. 5, 2011, p. 80), and amended in the 115th Congress to specify the 
electronic document repository maintained by the Clerk instead of a 
location to be designated by the Committee on House Administration (sec. 
2(r), H. Res. 5, Jan. 3, 2017, p. 37). Before that amendment, the House 
had provided a transition rule pending the designation by the committee 
under the prior form of this clause (sec. 3(n), H. Res. 5, Jan. 5, 2011, 
p. 80; sec. 3(o), H. Res. 5, Jan. 6, 2015, p. 37).


  In the 117th and 118th Congresses the House directed the Clerk and 
other officers and officials of the House to improve upon the electronic 
document repository operated by the Clerk for use by committees (sec. 
3(k), H. Res. 8, Jan. 4, 2021, p. _; sec. 3(m), H. Res. 5, Jan. 9, 2023, 
p. _).




Sec. 1105b. Authoritative guidance of budgetary 
levels.

  4.  Authoritative guidance from the Committee on the Budget 
concerning the impact of a legislative proposition on the levels of new 
budget authority, outlays, direct spending, new entitlement authority 
and revenues may be provided by the chair of the committee.



[[Page 1041]]

  This clause was added in the 112th Congress (sec. 2(d)(3), H. Res. 5, 
Jan. 5, 2011, p. 80). This authority elucidates the responsibilities of 
the Committee on the Budget under section 312 of the Congressional 
Budget Act (see Sec. 1127, infra). The 112th Congress authorized the 
chair of the committee to make specified adjustments under this clause 
pending the adoption of a certain budget resolution (sec. 3(h), H. Res. 
5, Jan. 5, 2011, p. 80). The House in the 115th and 118th Congresses 
provided that certain conveyances of Federal land not be considered as 
providing new budget authority, decreasing revenues, increasing 
mandatory spending, or increasing outlays (sec. 3(q), H. Res. 5, Jan. 3, 
2017, p. 39; sec. 3(g), H. Res. 5, Jan. 9, 2023, p. _). The House in the 
117th and 118th Congresses authorized the chair of the committee to make 
specified adjustments notwithstanding any subsequent adoption of a 
concurrent resolution on the budget (sec. 3(v), H. Res. 8, Jan. 4, 2021, 
p. _; sec. 3(e), H. Res. 5, Jan. 9, 2023, p. _), and in the 118th 
Congress, the House permitted such adjustments to be made by the 
Majority Leader prior to the election of the chair.
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