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<DOC> [House Rules Manual -- House Document No. 104-272] [From the U.S. Government Printing Office Online Database] [Pages i-xvii] [Page i] CONSTITUTION JEFFERSON'S MANUAL and RULES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES ONE HUNDRED FIFTH CONGRESS CHARLES W. JOHNSON PARLIAMENTARIAN [GRAPHIC] [TIFF OMITTED] [[Page ii]] 104th Congress, 2d Session - - - - - - - - House Document No. 104-272 _____________________________________________________________________________ CONSTITUTION JEFFERSON'S MANUAL AND RULES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES ONE HUNDRED FIFTH CONGRESS CHARLES W. JOHNSON PARLIAMENTARIAN [GRAPHIC] [TIFF OMITTED] U.S. GOVERNMENT PRINTING OFFICE 37-500 WASHINGTON : 1997 ________________________________________________________________________ For sale by the U.S. Government Printing Superintendent of Documents, Mail Stop: SSOP Washington, DC 20402-9328 [[Page iii]] HOUSE RESOLUTION 552 In the House of Representatives, U.S., September 28, 1996. Resolved, That a revised edition of the Rules and Manual of the House of Representatives for the One Hundred Fifth 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: Robin H. Carle, 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 Fifth Congress were adopted on January 7, 1997, when the House agreed to House Resolution 5. This resolution reinstated the rules of the One Hundred Fourth Congress with amendments to various standing rules. Explanations of these changes appear in the annotations following each rule in the text of this Manual. The more substantive of the changes provided by House Resolution 5 included: (1) expansion of the class of questions on which votes may be postponed to include amendments and motions to recommit during consideration of measures called from the Corrections Calendar (clause 5(b) of rule I); (2) requirement that the Speaker, in consultation with the Minority Leader, develop a system for drug testing in the House (clause 13 of rule I); (3) elimination of the supervisory role of the Speaker over the Chief Administrative Officer (clauses 1 and 2 of rule V); (4) consolidation of jurisdiction over budget process in the Committee on the Budget (clause 1 of rule X); (5) redesignation of the Committee on Economic and Educational Opportunities as the Committee on Education and the Workforce (rule X); (6) requirement of approval by the chairman and the ranking minority party member of the Committee on House Oversight of the amount of a monetary settlement of a complaint under the Congressional Accountability Act of 1995 (clause 4(d) of rule X); [[Page vi]] (7) provisions for: (a) dispensing with the reading of an investigative or oversight report in committee if it has been available for 24 hours; (b) joint filing of a report of an investigation or study conducted by more than one committee; and (c) filing of an investigative or oversight report after adjournment of a Congress sine die, provided that a member of the committee who gives timely notice is given seven days to submit separate views (clause 1(b) of rule XI); (8) authorization for the chairman of a committee to file a final activity report, without formal approval, after adjournment of a Congress sine die, provided that the report has been available to each member of the committee for seven days and includes any separate views submitted by a member (clause 1(d) of rule XI); (9) encouragement to committees to make their publications available in electronic form (clause 2(e) of rule XI); (10) encouragement to committees to elicit curricula vitae and disclosures of certain interests from nongovernmental witnesses (clause 2(g) of rule XI); (11) elimination of the prohibition against a committee's sitting during proceedings on the floor under the five-minute rule (clause 2(i) of rule XI); (12) exceptions to the five-minute rule in committee hearings for extended examinations of witnesses by designated members or by staff (clause 2(j) of rule XI); (13) replacement of the requirement of a statement of inflationary impact in a committee report of a public bill or joint resolution with one requiring a statement of Constitutional authority (clause 2(l) of rule XI); (14) reduction of the time guaranteed for composing separate views for inclusion in a committee report from three full days to two full days after the day of notice, and establishment of standing authority for committees to file reports with the Clerk after honoring that guarantee (clause 2(l) of rule XI); (15) authorization for inclusion in a primary expense resolution of a reserve fund for unanticipated expenses of committees, to be allocated by the Committee on House Oversight (clause 5(a) of rule XI); (16) authorization for the Speaker to call bills from the Corrections Calendar at any time on a Corrections day and in any order (clause 4(a) of rule XIII); (17) authorization for a report of the Committee on Ways and Means on major tax legislation (as designated by the Majority Leader after consultation with the Minor- [[Page vii]] ity Leader) to include a dynamic estimate of the effect of such legislation on Federal revenues, to be prepared by the Joint Committee on Taxation (clause 7(e) of rule XIII); (18) treatment of a so-called ``made-known'' provision (i.e., one making funding contingent on a state of knowledge not required by existing law) as legislation in a general appropriation bill or an amendment thereto (clause 2(a) and (c) of rule XXI); (19) elevation of the Majority Leader's preferential motion to rise and report at the end of the reading of a general appropriation bill in the Committee of the Whole to take precedence of any motion to amend at that stage (clause 2(d) of rule XXI); (20) clarification of the meanings of the terms ``Federal income tax rate increase'' and ``retroactive'' (clause 5(c) and (d) of rule XXI); (21) clarification of the definition of ``unfunded mandate'' (clause 5(c) of rule XXIII); (22) clarification that, to be a proper object of a discharge petition, a resolution providing a special rule must address the consideration of only one measure and must not propose to admit or effect a nongermane amendment (clause 3 of rule XXVII); (23) prohibition of the distribution of campaign contributions in the Hall of the House or rooms leading thereto (clause 5 of rule XXXII); (24) redesignation of the Gift Rule (rule LI); and (25) establishment of a Select Committee on Ethics only to resolve an inquiry, originally undertaken by the standing Committee on Standards of Official Conduct in the 104th Congress, by January 21, 1997 (clause 4(e)(3) of rule X). Several changes in the standing rules that were made during the One Hundred Fourth Congress but subsequent to the publication of the House Rules and Manual for that Congress are now described in the annotations following each rule in this edition. Two of these changes bear mention here: (1) expansion of the limitations on outside employment and outside earned income to include prohibitions on the receipt of advance payments on copyright royalties and on the receipt of any payments on copyright royalties under future contracts unless approved in advance by the Committee on Standards of Official Conduct (clause 3 of rule XLVII); and [[Page viii]] (2) adoption of the Gift Rule, which prohibits Members, officers, and employees of the House from accepting any gift except as stated in the rule (now rule LI). Statutory provisions constituting rules of the House contained in the Line Item Veto Act (P.L. 104-130) are shown in section 1013(6B) of this edition. Statutory provisions contained in the Budget Enforcement Act of 1997 (tit. X, P.L. 105-33) are shown in sections 1007, 1008, and 1013(6A) of this edition. As noted in section 698 of this edition, a bipartisan task force was established on February 12, 1997, to conduct a comprehensive review of the House ethics process. At the same time the House imposed a moratorium on filing ethics complaints and on raising certain questions of privilege under rule IX with respect to official conduct. The moratorium was extended through September 10, 1997. On September 18, 1997, the House adopted the recommendations of the task force with certain amendments when the House agreed to House Resolution 168. House Resolution 168 amended rules X and XI and contained free-standing directives to the Committee on Standards of Official Conduct. The provisions of House Resolution 168 included: (1) establishment of a ``pool'' of Members who may be assigned to serve on investigative subcommittees (clause 6(a) of rule X), and exclusion of service on such subcommittee from the limitation on subcommittee service (clause 6(b)(2)(A) of rule X); (2) change in the duration of service on the committee (clause 6(a)(2) of rule X); (3) requirement of a committee rule guaranteeing the ranking minority member the right to place an item on the agenda (sec. 3, H. Res. 168); (4) requirement of a committee rule setting specified standards for staff, providing for appointment of staff, permitting the retention of outside counsel or temporary staff, and permitting both the chairman and the ranking minority member one additional staff (sec. 4, H. Res. 168); (5) requirement that each meeting be held in executive session unless opened by an affirmative vote of a majority of the members, and requirement that each adjudicatory subcommittee hearing or full committee sanction hearing be open unless closed by an affirmative vote of a majority of its members (clause 4(e)(3) of rule X; clause 2(g)(1) and clause 2(g)(2) of rule XI); [[Page ix]] (6) requirement of confidentiality oath by a member, officer, or employee having access to committee information (clause 4(e) of rule X); (7) requirement of a committee rule permitting only the chairman or ranking minority member to make public statements regarding matters before the committee, unless otherwise determined by a vote of the committee (sec. 7, H. Res. 168); (8) exception for committee votes taken in executive session from clause 2(e)(1) and clause 2(l)(2)(B) of rule XI, which requires committees to disclose rollcall votes (clause 2(e)(1) and clause 2(l)(2)(B) of rule XI); (9) permission for non-Member to file information offered as a complaint only if a Member certifies the information is submitted in good faith and warrants committee consideration (clause 4(e)(2)(B) of rule X); (10) requirement of a committee rule providing the chairman and ranking minority member 14 calendar days or 5 legislative days (whichever occurs first) to determine whether information offered as a complaint constitutes a complaint (sec. 10, H. Res. 168); (11) authority for the chairman and ranking minority member jointly to appoint members from the ``pool'' (see item (1) above) to serve on an investigative subcommittee, and authority for the chairman and ranking minority member of the committee jointly to gather preliminary additional information with regard to a complaint or information offered as a complaint (clause 4(e)(2)(A) of rule X); (12) requirement of a committee rule granting the chairman and ranking minority member, unless otherwise determined by an affirmative vote of the majority of committee members, 45 calendar days or 5 legislative days (whichever occurs later) after the date they determine the information filed constitutes a complaint to: (a) recommend disposition of the complaint; (b) establish an investigative subcommittee; or (c) request an extension; further committee rule requiring the chairman and ranking minority member to establish an investigative subcommittee to consider a complaint not disposed by the expiration of the time limit; and requirement that complaint placed on the agenda before expiration of the time limit be referred to an investigative subcommittee only by an affirmative vote of the members of the committee (sec. 11, H. Res. 168; clause 4(e)(2)(B) of rule X); [[Page x]] (13) requirement of a committee rule for disposing of information not constituting a proper complaint (sec. 12, H. Res. 168); (14) requirement of a committee rule setting parameters for the composition of investigative and adjudicatory subcommittees (sec. 13, H. Res. 168); (15) requirement of a committee rule establishing a standard of proof for the adoption of a statement of alleged violation (sec. 14, H. Res. 168); (16) authority to authorize and issue a subcommittee subpoena only by affirmative vote of a majority of its members (sec. 15, H. Res. 168; clause 2(m)(2)(A) of rule XI); (17) requirement of a committee rule authorizing expansion of the scope of an investigation by an investigative subcommittee upon an affirmative vote of a majority of the members of the full committee (sec. 15, H. Res. 168); (18) requirement of a committee rule authorizing an investigative subcommittee to amend its statement of alleged violation any time before it is transmitted to the committee and granting 30 calendar days for a respondent to file an answer to the amended statement of alleged
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