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H.Doc.107-285 Reproduced with the permission of The Washington Post, 2002, http://www.washingtonpost.com/wp-srv/nation/specials/attacked/remembrance/vic--list.html ...
[[Page i]]] 107th Congress, 2d Session - - - - - - - - House Document No. 107-284 ____________________________________________________________________________ CONSTITUTION JEFFERSON'S MANUAL AND RULES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES ONE HUNDRED EIGHTH CONGRESS CHARLES W. JOHNSON PARLIAMENTARIAN <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> U.S. GOVERNMENT PRINTING OFFICE 82-900 WASHINGTON : 2003 ________________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, DC 20402 [[Page i]]] [[Page iii]]] HOUSE RESOLUTION 614 In the House of Representatives, U.S., November 14, 2002. Resolved, That a revised edition of the Rules and Manual of the House of Representatives for the One Hundred Eighth 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 copies shall be bound in leather with thumb index and delivered as may be directed by the Parliamentarian of the House. Attest: Jeff Trandahl, Clerk. (III) [ [ [ [[Page [v]]] 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 Eighth Congress were adopted on January 7, 2003, 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 Eighth 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 108th Congress included: (1) directive to the Speaker to submit to the Clerk a list of Members in the order in which each shall act as Speaker pro tempore in the case of a vacancy in the Office of Speaker until the election of a Speaker or a Speaker pro tempore (clause 8 of rule I); (2) elimination of the limit on number of terms a person may serve as Speaker (rule I); (3) authorization for the Speaker to declare an emergency recess subject to the call of the Chair when notified of an imminent threat to the safety of the House (clause 12 of rule I); (4) authorization for the Speaker, during any recess or adjournment of not more than three days and in consultation with the Minority Leader, to postpone the time for re [[Page [vi]]] convening or to reconvene before the time previously appointed solely to declare the House in recess (each within the constitutional three-day limit) (clause 12 of rule I); (5) extension of the privileges of the floor to staff of the respective party leaderships when so assigned with the approval of the Speaker (clause 2 of rule IV); (6) inclusion of a member of the Committee on Rules in the composition of the Committee on the Budget (clause 5(a) of rule X); (7) elimination of the limit on the number of terms a chairman or ranking minority member may serve on the Committee on the Budget (subjecting a chairman of the committee only to the term limit applicable to all standing committees described in clause 5(c)(2) of rule X) (clause 5(a) of rule X); (8) elimination of the limit on the number of terms a chairman or ranking minority member of the Permanent Select Committee on Intelligence may serve on that committee (clause 11(a) of rule X); (9) clarification that, although the professional staff of the Committee on Appropriations are subject to the same rules regarding their duties as the professional staff of all other committees, the associate or shared staff of that committee are not subject to the review of the Committee on House Administration in connection with the reporting of committee expense resolutions (clause 9(b) of rule X); (10) authorization for committees to adopt a rule permitting the chairman of a committee or subcommittee to postpone a recorded vote on the question of approving a measure or matter or on adopting an amendment and to resume proceedings on a postponed question at any time after reasonable notice, provided that such rule permits, when proceedings resume on a postponed question and notwithstanding any intervening order for the previous question, further debate or amendment to the same extent as when the question was postponed (clause 2(h) of rule XI); (11) codification of free-standing directives to the Committee on Standards of Official Conduct originally established and twice reaffirmed by simple resolution (H. Res. 168, 105th Cong., Sept. 18, 1997, p. ----, reaffirmed for the 106th Congress by sec. 2(c), H. Res. 5, Jan. 6, 1999, p. ----, and reaffirmed for the 107th Congress with an exception by sec. 3(a), H. Res. 5, Jan. 3, 2001, p. ----) (clause 3 of rule XI); [[Page [vii]]] (12) authority for the Speaker, when referring a matter to committee, to designate more than one committee as primary under extraordinary circumstances (clause 2(c) of rule XII); (13) replacement of provision authorizing a report of the Committee on Ways and Means on major tax legislation to include a dynamic estimate of the effect of such legislation on Federal revenues with a requirement that a report of that committee proposing to amend the Internal Revenue Code of 1986 include a macroeconomic impact analysis or a statement why such analysis is not calculable (clause 3(h) of rule XIII); (14) relaxation of prohibition against any personal electronic office equipment on the floor of the House, confining the prohibition to wireless telephones and personal computers (clause 5 of rule XVII); (15) codification of long-standing House practice that the death, resignation, explusion, disqualification, or removal of a Member results in an adjustment of the whole number of the House, which the Speaker shall announce to the House and which shall not be subject to appeal (clause 5 of rule XX); (16) clarification that a motion to adjourn retains its normal privilege and is in order during a call of the House under clause 6 of rule XX (clause 6 of rule XX); (17) expansion of the Speaker's authority to reduce the minimum time for electronic voting following a fifteen-minute vote to include all succeeding votes provided no other business intervenes and notice of possible five-minute voting is given (clause 9 of rule XX); (18) replacement of the standard for determining whether an amendment proposing a limitation on funds in a general appropriation bill violates clause 5(a) of rule XXI from a determination that the provision inevitability and with certainty impacts revenue collections or tax statuses or liabilities to a determination of a textual relationship between the amendment and the administration of a tax or tariff (clause 5(a) of rule XXI); (19) extension of time before further motions to instruct conferees may be offered from 20 calendar days to 20 calendar days but not less than 10 legislative days (clause 7 of rule XXII); (20) exemption for the practice of medicine from the prohibition against receiving compensation for affiliating with, or being employed by, an entity that provides profes [[Page [viii]]] sional services involving a fiduciary relationship (clause 2 of rule XXV); (21) particularization of the application of the gift rule to perishable food, providing that the value of perishable food sent to an office shall be allocated among the individual recipients and not solely to the Member (clause 5 of rule XXV); (22) relaxation of the prohibition against accepting reimbursement for transportation and lodging expenses in connection with a charity event to permit such reimbursement where the net proceeds of the event go to a qualified charity, the expenses are paid by the charity, and the invitation of free attendance is issued by the charity (clause 5 of rule XXV); and (23) restoration of automatic House passage of joint resolution increasing the statutory limit on the public debt when the two Houses agree to a concurrent resolution on the budget that requires such an increase (rule XXVII). Section 4 of House Resolution 5 also established a Select Committee on Homeland Security with oversight and legislative jurisdiction over matters relating to the Homeland Security Act of 2002, which reorganized the Federal Government to create a new Department of Homeland Security (see Sec. 1112a, infra). The recently published second edition of House Practice took into account the creation of the new select committee but was finalized before the Committee on Appropriations reorganized its subcommittees to reflect the new department (see House Practice, ch. 4, Sec. 6). The Committee on Appropriations created a new subcommittee on Homeland Security and combined the subcommittees on Transportation and Treasury, Postal Service and General Government. The reorganization of subcommittees is in compliance with clause 5(d)(2) of rule X, which prohibits the Committee on Appropriation from having more than 13 subcommittees (see Sec. 762, infra). Deputy Parliamentarians John Sullivan and Tom Duncan, and Assistant Parliamentarians Muftiah McCartin, Tom Wickham, and Ethan Lauer worked diligently to annotate the decisions of the Chair and other parliamentary precedents of the 107th and 108th Congress to date of publication. Gay Topper, Deborah Khalili, and Brian Cooper contributed their clerical skills to the preparation of this edition. All of their contributions, especially those of Muftiah McCartin in the preparation of this Manual, are gratefully acknowledged. Citations in this edition refer to: [[Page [ix]]] (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 16), by volume, 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. Charles W. Johnson July 25, 2003 [ [ [ [[Page [xi]]] C O N T E N T S __________ THE CONSTITUTION Page Preamble.......................................................... 3 Article I.--The legislative power..................... 4 II.--The executive power....................... 64 III.--The judicial power........................ 76 IV.--Obligations, duties, etc., of the States.. 78 V.--Amendments to............................. 80 VI.--Law of the land, etc...................... 82 VII.--Ratification of........................... 86 Amendments ratified....................... 89 JEFFERSON'S MANUAL Section I.--Importance of adhering to rules........... 125 III.--Privilege................................. 128 VI.--Quorum.................................... 147 VII.--Call of the House......................... 148 IX.--Speaker................................... 148 X.--Address................................... 151 XI.--Committees................................ 151 XII.--Committee of the Whole.................... 155 XIII.--Examination of witnesses.................. 164 XIV.--Arrangement of business................... 169 XV.--Order..................................... 171
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