[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Front Matter]
[Pages 1-15]
[From the U.S. Government Printing Office, www.gpo.gov]
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111th Congress, 2d Session - - - - - - House Document No. 111-157
_______________________________________________________________________
CONSTITUTION
JEFFERSON'S MANUAL
AND
RULES OF THE HOUSE OF
REPRESENTATIVES
OF THE UNITED STATES
ONE HUNDRED TWELFTH CONGRESS
JOHN V. SULLIVAN
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
PARLIAMENTARIAN
U.S. GOVERNMENT PRINTING OFFICE
63-700
________________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government Printing
WASHINGTON : 2011
Office
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Washington, DC 20402
HOUSE RESOLUTION 1720
In the House of Representatives, U.S.,
November 17, 2010.
Resolved, That a revised edition of the Rules and Manual of the
House of Representatives for the One Hundred Twelfth 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 sixty copies shall be bound in leather with thumb index and
delivered as may be directed by the Parliamentarian of the House.
Attest:
Lorraine C. Miller,
Clerk.
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(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 Twelfth Congress were adopted on
January 5, 2011, 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 Twelfth 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 112th Congress included:
(1) repeal of provisions permitting Delegates and the Resident
Commissioner to vote in and to preside over the Committee of the Whole
(clause 3(a) of rule III; clause 1 of rule XVIII; former clause 6(h) of
rule XVIII);
(2) modernization of rules on media coverage to eliminate specific
reference to various media organizations (clause 2 of rule VI; clause 3
of rule VI; clause 4(f) of rule XI);
(3) expansion of the jurisdiction of the Committee on Armed Services
to include certain national cemeteries (clause 1(c) of rule X);
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mittee on Standards of Official Conduct as the Committee
on Ethics (clause 1 of rule X);
(4) redesignation of the Committee on Education and Labor as the
Committee on Education and the Workforce, of the Committee on Science
and Technology as the Committee on Science, Space, and Technology, and
of the Com
(5) expansion of committee oversight plans to include proposals to
eliminate duplicative federal programs (clause 2(d)(1) of rule X);
(6) elimination of the Select Intelligence Oversight Panel of the
Committee on Appropriations (former clause 4(a)(5) of rule X);
(7) with regard to authority for the Committee on Oversight and
Government Reform to authorize the use of depositions to take testimony,
requirement for the presence of a member of the committee, subject to
waiver by the deponent (clause 4(c)(3) of rule X);
(8) direction to the Committee on House Administration to establish
standards for making documents publicly available in electronic form,
and for such availability to satisfy layover requirements (clause
4(d)(1)(E) of rule X; clause 3 of rule XXIX);
(9) reinstatement of committee chair tenure limitation generally,
except for the Committee on Rules (clause 5(c)(2) of rule X);
(10) adjustment of the size and ratio of the Permanent Select
Committee on Intelligence (clause 11(a) of rule X);
(11) increase in frequency of committee activity reports (clause
1(d) of rule XI);
(12) requirement that committee rules be made publicly available in
electronic form (clause 2(a)(2) of rule XI);
(13) requirement that committees provide audio and video coverage of
certain committee proceedings (clause 2(e)(5) of rule XI);
(14) requirement that certain committee votes and the text of
certain committee amendments be made publicly available following a
committee proceeding (clause 2(e)(1) of rule XI; clause 2(e)(6) of rule
XI);
(15) requirement for committee meetings to be noticed, with
provision for waiver (clause 2(g)(3) of rule XI);
(16) requirement for legislation to be made available prior to a
committee meeting (clause 2(g)(4) of rule XI);
(17) requirement that committee witness disclosure statements be
made publicly available in electronic form following the appearance of
the witness (clause 2(g)(5) of rule XI);
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(18) requirement for a statement of constitutional authority to
accompany every introduced bill and joint resolution (clause 7(c) of
rule XII);
(19) 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);
(20) modification of the prohibition on use of a wireless telephone
or personal computer on the floor of the House to apply to any mobile
electronic device that impairs decorum (clause 5 of rule XVII);
(21) authority for chair of the Committee of the Whole to reduce to
not less than two minutes (instead of five) the minimum time for certain
votes (clause 6(f) and 6(g) of rule XVIII);
(22) repeal of a provision permitting motions to strike unfunded
Federal mandates exceeding a specified threshold from a bill during the
amendment process in the Committee of the Whole (former clause 11 of
rule XVIII);
(23) modification of the requirement regarding the ``floor'' on
transportation obligations to apply instead to spending authority
derived from the Highway Trust Fund for unauthorized purposes (clause 3
of rule XXI);
(24) modification of the prohibition on consideration of a
concurrent resolution on the budget containing reconciliation directives
that would reduce a surplus or increase a deficit to apply instead to
such directives that would cause an increase in net direct spending
(clause 7 of rule XXI);
(25) 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);
(26) requirement for an introduced bill or joint resolution to
layover before consideration (clause 11 of rule XXI);
(27) repeal of the rule providing for automatic passage and
engrossment of a measure adjusting the statutory limit on public debt
(former rule XXVIII); and
(28) authority for chair of the Committee on the Budget to render
estimates of certain budgetary levels when a rule contemplates that the
Chair is authoritatively guided by estimates from the Committee on the
Budget (clause 4 of rule XXIX).
Citations in this edition refer to:
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(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 17), by 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.
All of the members of the Office of the Parliamentarian -- Tom
Wickham, Ethan Lauer, Carrie Wolf, Max Spitzer, Jay Smith, Brian Cooper,
Lloyd Jenkins, and Monica Rodriguez, as well as Charles Johnson, Andrew
Neal, Deborah Khalili, and Bryan Feldblum -- worked diligently to
annotate the decisions of the Chair and other parliamentary precedents
of the 111th Congress and of the 112th 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 Ethan Lauer for
his initiative and resourcefulness in managing the project and to Tom
Wickham for his operational leadership.
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in the Office of Legislative Counsel -- are granted office space,
information technology, and dignified terms of employment that enable
them to strive as a matter of course for nothing short of excellence. We
in the Office of the Parliamentarian and, within it, the Office of
Compilation of Precedents, are especially gratified to reflect on the
demonstrated commitment of the House to institutional values that put us
in a position to exercise independent, professional, legal judgment in
the nonpartisan performance of our duties.
On occasion members of the Office of the Parliamentarian have
engaged in parliamentary exchanges with counterparts in other national
legislatures. In some countries we have seen highly dedicated
institutional staff struggle to help their elected representatives
achieve even minimal goals because they were equipped with only the most
modest tools. We have thus come to appreciate the commitment of our
Congress to the development and maintenance of its institutional
capacities. The institutional staff of our House of Representatives --
to cite a prime example from personal observation, those who serve
In resolving questions of order, the Speaker and other presiding
officers of the House adhere to the jurisprudential principle of stare
decisis -- a commitment to stand by earlier decisions. This fidelity to
precedent promotes analytic consistency and procedural predictability
and thereby fosters legitimacy in the parliamentary practice of the
House. The commitment of the House to stand by its procedural decisions
requires that we be rigorous about what constitutes precedent. In the
parliamentary context, the term does not refer to a mere instance in
which an event occurred or was suffered; rather, it refers to a decision
or order actually disposing of a question of order. As we strive to
apply pertinent precedent to each procedural question, the compilation
of the parliamentary precedents of the House becomes as important as any
other function of the Office of the Parliamentarian.
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They have our highest commendations and deepest thanks for a
difficult job superbly done.
The compilation of precedents depends implicitly on a transcript of
the actual proceedings of the House. In this light, the people who form
the leading edge of the process by which we compile the precedents of
the House are the Official Reporters of Debate. The virtually verbatim
transcript of floor proceedings that the reporters produce daily for
publication in the Congressional Record is the indispensable raw
material of the precedents-compilation process. This is not to say that
the material is unfinished. Indeed, the reporters, collectively -- the
stenographers, transcribers, and clerks who produce floor transcripts in
near-real time, and who cover the proceedings of the committees of the
House, as well -- routinely maintain levels of accuracy, speed,
teamwork, organization, and professionalism that are simply astonishing,
day in and day out. Members of our office have worked with many court
reporters in trial and appellate proceedings elsewhere and have marveled
at their skill. But we know of no forum that asks more of its reporters
than does the House, and we know of no reporters who perform better than
do ours.
Finally, we are continually grateful for the wealth of recorded
precedent that guides the procedural practices of the House. Although
the perennial refinement of written rules and the endless ingenuity of
legislative practitioners yield questions of first impression more
frequently than one might expect, even more remarkable is how regularly
the right answer to a procedural question is readily supplied in the
work of our predecessors in compiling the parliamentary precedents of
the House: Asher Hinds, Clarence Cannon, Lewis Deschler, William Holmes
Brown, and Charles W. Johnson.
John V. Sullivan
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May 13, 2011
C O N T E N T S
__________
THE CONSTITUTION
Page
Preamble.......................................................... 3
Article I.--The legislative power..................... 4
II.--The executive power....................... 66
III.--The judicial power........................ 78
IV.--Obligations, duties, etc., of the States.. 80
V.--Amendments to............................. 82
VI.--Law of the land, etc...................... 84
VII.--Ratification of........................... 88
Amendments ratified....................... 91
JEFFERSON'S MANUAL
Section I.--Importance of adhering to rules........... 127
III.--Privilege................................. 130
VI.--Quorum.................................... 149
VII.--Call of the House......................... 150
IX.--Speaker................................... 151
X.--Address................................... 153
XI.--Committees................................ 154
XII.--Committee of the Whole.................... 157
XIII.--Examination of witnesses.................. 166
XIV.--Arrangement of business................... 171
XV.--Order..................................... 173
XVI.--Order respecting papers................... 173
XVII.--Order in debate........................... 174
XVIII.--Orders of the House....................... 195
XIX.--Petition.................................. 199
XX.--Motion.................................... 200
XXI.--Resolutions............................... 201
XXIII.--Bills, leave to bring in.................. 203
XXIV.--Bills, first reading...................... 204
XXV.--Bills, second reading..................... 204
XXVI.--Bills, commitment......................... 205
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XXVII.--Report of committee....................... 215
Page
Section XXVIII.--Bill, recommitment........................ 216
XXIX.--Bills, reports taken up................... 218
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.............................. 257
XL.--Bills, third reading...................... 258
XLI.--Division of the House..................... 262
XLII.--Titles.................................... 267
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.............. 355
III.--The Members, Delegates, and Resident
Commissioner of Puerto Rico............... 374
IV.--The Hall of the House..................... 379
V.--Broadcasting the House.................... 387
VI.--Official Reporters and News Media
Galleries................................. 389
VII.--Records of the House...................... 401
VIII.--Response to Subpoenas..................... 405
IX.--Questions of Privilege.................... 409
X.--Organization of Committees................ 429
XI.--Procedures of Committees and Unfinished
Business.................................. 541
XII.--Receipt and Referral of Measures and
Matters................................... 608
XIII.--Calendars and Committee Reports........... 623
XIV.--Order and Priority of Business............ 657
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XV.--Business in Order on Special Days......668
Page
Rule XVI.--Motions and Amendments.................... 686
XVII.--Decorum and Debate........................ 741
XVIII.--The Committee of the Whole House on the
state of the Union........................ 770
XIX.--Motions Following the Amendment Stage..... 799
XX.--Voting and Quorum Calls................... 814
XXI.--Restrictions on Certain Bills............. 844
XXII.--House and Senate Relations................ 900
XXIII.--Code of Official Conduct.................. 927
XXIV.--Limitations on Use of Official Funds...... 938
XXV.--Limitations on Outside Earned Income and
Acceptance of Gifts....................... 943
XXVI.--Financial Disclosure...................... 972
XXVII.--Disclosure by Members and Staff of
Employment Negotiations................... 996
XXVIII.--[Reserved]................................ 998
XXIX.--General Provisions........................ 998
Provisions of Legislative Reorganization Act of 1946, as Amended by the
Legislative Reorganization Act of 1970, Applicable to Both Houses
Congressional adjournment......................................... 1003
Preservation of committee hearings................................ 1004
Joint and Select Committees
Economic Committee, Joint......................................... 1005
Internal Revenue Taxation, Joint Committee on..................... 1005
Library, Joint Committee of Congress on the....................... 1006
Printing, Joint Committee on...................................... 1006
Inaugural Ceremonies, Joint Congressional Committee on............ 1006
Select committees................................................. 1006
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House and Congressional Offices
House Commission on Congressional Mailing Standards............... 1009
House Office Building Commission.................................. 1009
Government Accountability Office.................................. 1009
Office of Compliance.............................................. 1009
Congressional Research Service.................................... 1010
Legislative Counsel............................................... 1010
Congressional Budget Office....................................... 1010
Law Revision Counsel.............................................. 1010
Technology Assessment............................................. 1010
Office of the Parliamentarian..................................... 1010
Office of Floor Assistants........................................ 1011
Page
Office of Interparliamentary Affairs.............................. 1011
House Recording Studio............................................ 1011
United States Capitol Preservation Commission..................... 1011
Office of General Counsel......................................... 1011
Office of Emergency Planning, Preparedness, and Operations........ 1012
Office of Attending Physician..................................... 1012
Office of Architect of the Capitol................................ 1012
House Democracy Partnership....................................... 1012
Tom Lantos Human Rights Commission................................ 1012
Office of Congressional Ethics.................................... 1013
Early organization of the House................................... 1015
Miscellaneous Provisions of Congressional Budget Laws
Congressional Budget Act of 1974.................................. 1021
Budget Enforcement Act of 1990.................................... 1099
Statutory Pay-As-You-Go Act of 2010............................... 1103
Legislative Procedures Enacted in Law
Measures privileged for consideration in House.................... 1107
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Index
Index............................................................. 1277
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. end segment
.000 segment .001 -- Constitution through article I