Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress-Preface

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

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_______________________________________________________________________________

117th Congress, 2d Session - - - - - - - - House Document No. 117-161

CONSTITUTION

JEFFERSON'S MANUAL

AND

RULES OF THE HOUSE OF

REPRESENTATIVES

OF THE UNITED STATES

ONE HUNDRED EIGHTEENTH CONGRESS

JASON A. SMITH

PARLIAMENTARIAN

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

U.S. GOVERNMENT PUBLISHING OFFICE

________________________________________________________________________

For sale by the Superintendent of Documents, U.S. Government Publishing
52-600 WASHINGTON : 2023

Office

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Washington, DC 20402

HOUSE RESOLUTION 1507

In the House of Representatives, U.S.,

December 2, 2022.

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

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(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 Eighteenth Congress were adopted on
January 9, 2023, 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 Eighteenth 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 5 of the One Hundred Eighteenth Congress included:

(1) elimination of superfluous previous clarification that
continuing litigation authority includes the authority to issue
subpoenas (clause 8(c) of rule II);

(2) revocation of admission to the Hall of the House for the Mayor
of the District of Columbia and for Governors of Territories (clause 2
of rule IV);

(3) repeal of 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);

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

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of Homeland Security relating to cybersecurity (clause 1(j) of rule X);
(5) expansion of the jurisdiction of the Committee on Homeland
Security to include functions of the Department

(6) expansion of committee oversight plans to also include plans to
review and reauthorize programs and agencies with lapsed authorization,
and reinstatement of a requirement that committees adopt such plans in a
meeting open to the public (clause 2(d) of rule X; clause 1(d) of rule
XI);

(7) authority for the Committee on Agriculture to exceed the limit
on the number of subcommittees allowed, codifying previous separate
orders to that effect (clause 5(d) of rule X);

(8) requirement, codifying previous separate orders, for the
Committee on Ethics to empanel an investigative subcommittee whenever a
Member, Delegate, or the Resident Commissioner is indicted or formally
charged with criminal conduct, or else to report to the House on why it
declined to do so and on any actions taken in response (clause 3(b) of
rule XI);

(9) repeal of a 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 (clause 3(p) of rule XI);

(10) requirement for the Committee on Ethics to implement a process
for receiving complaints from the public, including in electronic form
(clause 3(r) of rule XI);

(11) repeal of the exemption for the Committee on Rules from the
requirement that committees include certain record votes in committee
reports (clause 3(b) of rule XIII);

(12) reinstatement of a requirement that various cost estimates
include macroeconomic data (clause 8 of rule XIII);

(13) requirement for committees to request their call on Calendar
Wednesday at least 72 hours in advance (clause 6(a) of rule XV);

(14) authority for the Speaker to reduce voting times in the House
to not less than two minutes (clause 9 of rule XX);

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

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

(17) reinstatement 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);

(18) prohibition on consideration of certain measures increasing
direct spending over certain time periods with exceptional cumulatory
treatment in the case of a special order of business combining in one
engrossment separately-passed measures, and exclusion of certain
emergency items (clause 10 of rule XXI); and

(19) repeal of the rule providing for automatic passage and
engrossment of a measure adjusting the statutory limit on public debt
(former rule XXVIII).

In addition to the amendments cited above, the House established
during the 117th Congress a new exemption from the prohibition on the
same-day consideration of privileged reports from the Committee on Rules
under clause 6(a) of rule XIII and expanded the availability of motions
to suspend the rules under clause 1(a) of rule XV (sec. 2, H. Res. 1230,
July 19, 2022, p. _). In the 118th Congress, clause 11(a) of rule X was
modified to increase the membership of the Permanent Select Committee on
Intelligence (sec. 1(a), H. Res. 78, Jan. 31, 2023, 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 3), by Parliamentarian last name, chapter and section (e.g.,
Precedents (Wickham), ch. 1, Sec. 1.1);

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(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 - Anne
Gooch, Julia Cook, Ben Osheroff, Christina Reid, Norma Volkmer, Lloyd
Jenkins, Kristen Donahue, and Matthew Kowalewski, as well as Charles
Johnson, Max Spitzer, Allison Torres-Cherry, and Tim Abel - worked
diligently to annotate the decisions of the Chair and other
parliamentary precedents of the 117th Congress and of the 118th 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.

Last year witnessed the passing of former Parliamentarian John V.
Sullivan. John was a model public servant for over 40 years, including
25 years of service with the Office of the Parliamentarian, culminating
with eight years as Parliamentarian. His contribution to the precedents
of the House during his tenure was invaluable, as was his dedication to
fostering a collaborative and modernized work environment within the
Office. He is greatly missed by his former colleagues, who remember him
for his technical and linguistic prowess, his insights, his wit and his
warmth. This publication is dedicated to his memory.

Jay Smith

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February 20, 2023

CONTENTS

__________

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...................... 88

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

Amendments ratified....................... 95

JEFFERSON'S MANUAL

Section I.--Importance of adhering to rules........... 131

III.--Privilege................................. 134

VI.--Quorum.................................... 155

VII.--Call of the House......................... 156

IX.--Speaker................................... 157

X.--Address................................... 159

XI.--Committees................................ 160

XII.--Committee of the Whole.................... 163

XIII.--Examination of witnesses.................. 172

XIV.--Arrangement of business................... 177

XV.--Order..................................... 179

XVI.--Order respecting papers................... 179

XVII.--Order in debate........................... 180

XVIII.--Orders of the House....................... 206

XIX.--Petition.................................. 210

XX.--Motion.................................... 211

XXI.--Resolutions............................... 212

XXIII.--Bills, leave to bring in.................. 214

XXIV.--Bills, first reading...................... 215

XXV.--Bills, second reading..................... 215

XXVI.--Bills, commitment......................... 216

XXVII.--Report of committee....................... 227

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Page

Section XXVIII.--Bill, recommitment........................ 228

XXIX.--Bills, reports taken up................... 229

XXX.--Quasi-committee........................... 231

XXXI.--Bill, second reading in the House......... 234

XXXII.--Reading papers............................ 237

XXXIII.--Privileged questions...................... 239

XXXIV.--The previous question..................... 252

XXXV.--Amendments................................ 254

XXXVI.--Division of the question.................. 263

XXXVII.--Coexisting questions...................... 266

XXXVIII.--Equivalent questions...................... 267

XXXIX.--The question.............................. 269

XL.--Bills, third reading...................... 270

XLI.--Division of the House..................... 274

XLII.--Titles.................................... 279

XLIII.--Reconsideration........................... 279

XLIV.--Bills sent to the other House............. 283

XLV.--Amendments between the Houses............. 284

XLVI.--Conferences............................... 294

XLVII.--Messages.................................. 307

XLVIII.--Assent.................................... 312

XLIX.--Journals.................................. 314

L.--Adjournment............................... 317

LI.--A session................................. 318

LII.--Treaties.................................. 322

LIII.--Impeachment............................... 325

RULES OF THE HOUSE

Rule I.--The Speaker............................... 349

II.--Other Officers and Officials.............. 375

III.--The Members, Delegates, and Resident

Commissioner of Puerto Rico............... 401

IV.--The Hall of the House..................... 406

V.--Broadcasting the House.................... 414

VI.--Official Reporters and News Media

Galleries................................. 417

VII.--Records of the House...................... 429

VIII.--Response to Subpoenas..................... 433

IX.--Questions of Privilege.................... 436

X.--Organization of Committees................ 459

XI.--Procedures of Committees and Unfinished

Business.................................. 573

XII.--Receipt and Referral of Measures and

Matters................................... 646

XIII.--Calendars and Committee Reports........... 662

XIV.--Order and Priority of Business............ 699

XV.--Business in Order on Special Days......... 710

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Page

Rule XVI.--Motions and Amendments.................... 729

XVII.--Decorum and Debate........................ 786

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

state of the Union........................ 819

XIX.--Motions Following the Amendment Stage..... 850

XX.--Voting and Quorum Calls................... 864

XXI.--Restrictions on Certain Bills............. 895

XXII.--House and Senate Relations................ 956

XXIII.--Code of Official Conduct.................. 983

XXIV.--Limitations on Use of Official Funds...... 1000

XXV.--Limitations on Outside Earned Income and

Acceptance of Gifts....................... 1005

XXVI.--Financial Disclosure...................... 1034

XXVII.--Disclosure by Members and Staff of

Employment Negotiations................... 1036

XXVIII.--[Reserved]................................ 1037

XXIX.--General Provisions........................ 1038
Provisions of Legislative Reorganization Act of 1946, as Amended by the

Legislative Reorganization Act of 1970, Applicable to Both Houses
Congressional adjournment......................................... 1043
Preservation of committee hearings................................ 1044

Joint and Select Committees
Economic Committee, Joint......................................... 1045
Taxation, Joint Committee on...................................... 1045
Library, Joint Committee of Congress on the....................... 1046
Printing, Joint Committee on...................................... 1046
Inaugural Ceremonies, Joint Congressional Committee on............ 1046
Select committees................................................. 1046

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House and Congressional Offices
House Communications Standards Commission......................... 1049
House Office Building Commission.................................. 1049
Government Accountability Office.................................. 1049
Office of Congressional Workplace Rights.......................... 1049
Congressional Research Service.................................... 1050
Legislative Counsel............................................... 1050
Congressional Budget Office....................................... 1050
Law Revision Counsel.............................................. 1050
Technology Assessment............................................. 1050
Office of the Parliamentarian..................................... 1050
Speaker's Office for Legislative Floor Activities................. 1051

Page
Office of Interparliamentary Affairs.............................. 1051
House Recording Studio............................................ 1051
United States Capitol Preservation Commission..................... 1051
Office of General Counsel......................................... 1051
Former Office of Emergency Planning, Preparedness, and Operations. 1052
Office of Attending Physician..................................... 1052
Office of Architect of the Capitol................................ 1052
House Democracy Partnership....................................... 1052
Tom Lantos Human Rights Commission................................ 1052
Office of Congressional Ethics.................................... 1053
Early organization of the House................................... 1055

Miscellaneous Provisions of Congressional Budget Laws
Congressional Budget Act of 1974.................................. 1061
Budget Enforcement Act of 1990.................................... 1143
Statutory Pay-As-You-Go Act of 2010............................... 1147

Legislative Procedures Enacted in Law
Measures privileged for consideration in House.................... 1152

[

Index
Index............................................................. 1349

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

First Tuesday:

Tuesdays

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

considered on first Tuesday of each month.

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

Wednesdays