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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 ...


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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


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                          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)
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                              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

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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);

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    (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

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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:

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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 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
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                             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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