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[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]


[Page i-xvi]

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106th Congress, 2d Session -  -  -  -  -  -  -  - House Document No. 106-320

________________________________________________________________________
 
                CONSTITUTION, JEFFERSON'S MANUAL AND 
               RULES OF THE HOUSE OF REPRESENTATIVES

                          OF THE UNITED STATES

                      ONE HUNDRED SEVENTH CONGRESS

                           CHARLES W. JOHNSON

                             PARLIAMENTARIAN

 [GRAPHIC] [TIFF OMITTED] TONGRESS.#13


                     U.S. GOVERNMENT PRINTING OFFICE

 69-500                     WASHINGTON : 2001

____________________________________________________________________________

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                          HOUSE RESOLUTION 678

                            In the House of Representatives, U.S.,      
                                                    December 15, 2000.  
    Resolved, That a revised edition of the Rules and Manual of the 
House of Representatives for the One Hundred Seventh 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 Seventh Congress were adopted on 
January 3, 2001, 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 Seventh 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 107th Congress included:
    (1) permission for the Clerk to publish certain documents in a form 
other than printed (clause 2 of rule II);
    (2) transfer of the responsibility for the engrossment and 
enrollment process from the Committee on House Administration to the 
Clerk (clause 2 of rule II);
    (3) expansion of the application of rule VIII to administrative 
subpoenas (rule VIII);
    (4) redesignation of the Committee on Commerce as the Committee on 
Energy and Commerce and of the Committee on Banking and Financial 
Services as the Committee on Financial Services (clause 1 of rule X);
    (5) expansion of the jurisdiction of the Committee on Financial 
Services to include securities and exchanges (for

[[Page vi]]

merly within the jurisdiction of the Committee on Commerce) and 
insurance generally (clause 1 of rule X);
    (6) expansion of the oversight plan each standing committee submits 
to the Committees on Government Reform and on House Administration to 
include review of specific problems with Federal rules, regulations, 
statutes, and court decisions (clause 2 of rule X);
    (7) additional special oversight responsibility of the Permanent 
Select Committee on Intelligence over the intelligence community (clause 
3 of rule X);
    (8) removal of the requirement that the Committee on House 
Administration provide policy direction to the Clerk, Sergeant-at-Arms, 
and Chief Administrative Officer (clause 4(a) of rule II; clause 4(d) of 
rule X);
    (9) increase in the size of the Permanent Select Committee on 
Intelligence (clause 11 of rule X);
    (10) preservation of all committee requirements for a majority 
quorum found in House rules (clause 2 of rule XI);
    (11) removal of the word ``investigative'' from the rule governing 
hearing procedures (clause 2(k) of rule XI);
    (12) particularization of the availability of an assertion that 
evidence given in committee has a tendency to defame, degrade, or 
incriminate a person (clause 2(k) of rule XI);
    (13) limitation of the requirement that a committee furnish its 
rules to a witness to instances when the witness so requests (clause 
2(k) of rule XI);
    (14) elimination of the three-day availability requirement for a 
supplemental report that only corrects errors in the depiction of record 
votes (clause 3(a) of rule XIII).
    (15) replacement of the requirement that committees include in their 
reports oversight findings and recommendations by the Committee on 
Government Reform with a requirement that they include a statement of 
performance goals and objectives (clause 3(c) of rule XIII);
    (16) requirement that a report of the Committee on Appropriations 
contain additional detail on the status of unauthorized appropriations 
(clause 3(f) of rule XIII);
    (17) elimination of the three-day availability requirement for a 
report to accompany a bill called from the Corrections Calendar (clause 
4 of rule XIII; clause 6 of rule XV);
    (18) conversion of the rule governing the use of exhibits on the 
floor from one requiring a vote by the House on the use of an exhibit to 
which a Member objected to merely

[[Page vii]]

permitting the Chair, in its discretion, to submit the question of its 
use to the House (clause 6 of rule XVII);
    (19) inclusion of standing authority, previously contained in 
separate special orders, for the Chairman of the Committee of the Whole 
to postpone requests for recorded votes on amendments and to reduce the 
minimum duration of those votes, after the first, to five minutes 
(clause 6 of rule XVIII);
    (20) prohibition against the consideration of a measure designating 
a public work in honor of a serving Member of Congress (clause 6 of rule 
XXI);
    (21) restoration of the notice requirement for a privileged 20-day 
motion to instruct conferees from legislative day to calendar day and 
clarification of the elements attending the privilege (clause 7 of rule 
XXII);
    (22) prohibition against the inclusion of argument in a motion to 
instruct conferees or a motion to recommit to conference (clause 7 of 
rule XXII);
    (23) repeal of the rule providing for automatic passage and 
engrossment of a measure adjusting the statutory limit on public debt 
(former rule XXIII);
    (24) prohibition against the paid employment of a spouse (clause 8 
of rule XXIII);
    (25) requirement of the Clerk to make those who have signed the oath 
permitting access to classified information a matter of public record 
(clause 13 of rule XXIII);
    (26) prohibition against certain lobbying by consultants paid by the 
House (clause 14 of rule XXIII); and
    (27) clarification of the definition of an employee under the Gift 
Rule (clauses 4 and 5 of rule XXV);
    Deputy Parliamentarians John Sullivan and Tom Duncan, and Assistant 
Parliamentarians Muftiah McCartin, Tom Wickham, and Ethan Lauer worked 
diligently to prepare the codification and to annotate the decisions of 
the Chair and other parliamentary precedents of the 106th Congress and 
of the 107th 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:
    (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

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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 15), by volume, chapter, 
and section (e.g., Deschler's Precedents, vol. 8, ch. 26, sec. 79.7; 
Deschler-Brown Precedents, vol. 10, ch. 28, sec. 4.26);
    (3) the Congressional Record, by date and page (e.g., Jan. 29, 1986, 
p. 684);
    (4) House Practice (1996), by page (e.g., House Practice, p. 293);
    (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  
  March 15, 2001


[[Page ix]]


                             C O N T E N T S

                               __________

                            THE CONSTITUTION
                                                                    Page
Preamble..........................................................     3
            Article I.--The legislative power.....................     4
                   II.--The executive power.......................    62
                  III.--The judicial power........................    74
                   IV.--Obligations, duties, etc., of the States..    76
                    V.--Amendments to.............................    78
                   VI.--Law of the land, etc......................    80
                  VII.--Ratification of...........................    84
                        Amendments ratified.......................    87

                           JEFFERSON'S MANUAL

            Section I.--Importance of adhering to rules...........   121
                  III.--Privilege.................................   124
                   VI.--Quorum....................................   143
                  VII.--Call of the House.........................   144
                   IX.--Speaker...................................   144
                    X.--Address...................................   147
                   XI.--Committees................................   147
                  XII.--Committee of the Whole....................   151
                 XIII.--Examination of witnesses..................   160
                  XIV.--Arrangement of business...................   165
                   XV.--Order.....................................   167
                  XVI.--Order respecting papers...................   168
                 XVII.--Order in debate...........................   168
                XVIII.--Orders of the House.......................   189
                  XIX.--Petition..................................   193
                   XX.--Motions...................................   194
                  XXI.--Resolutions...............................   195
                XXIII.--Bills, leave to bring in..................   197
                 XXIV.--Bills, first reading......................   198
                  XXV.--Bills, second reading.....................   198
                 XXVI.--Bills, commitment.........................   199
                XXVII.--Report of committee.......................   210

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                                                                    Page
       Section XXVIII.--Bill, recommitment........................   211
                 XXIX.--Bills, reports taken up...................   212
                  XXX.--Quasi-committee...........................   214
                 XXXI.--Bill, second reading in the House.........   218
                XXXII.--Reading papers............................   220
               XXXIII.--Privileged questions......................   222
                XXXIV.--The previous question.....................   235
                 XXXV.--Amendments................................   237
                XXXVI.--Division of the question..................   246
               XXXVII.--Coexisting questions......................   249
              XXXVIII.--Equivalent questions......................   250
                XXXIX.--The question..............................   253
                   XL.--Bills, third reading......................   253
                  XLI.--Division of the House.....................   257
                 XLII.--Titles....................................   263
                XLIII.--Reconsideration...........................   263
                 XLIV.--Bills sent to the other House.............   266
                  XLV.--Amendments between the Houses.............   267
                 XLVI.--Conferences...............................   277
                XLVII.--Messages..................................   289
               XLVIII.--Assent....................................   293
                 XLIX.--Journals..................................   296
                    L.--Adjournment...............................   298
                   LI.--A session.................................   300
                  LII.--Treaties..................................   303
                 LIII.--Impeachment...............................   307

                           RULES OF THE HOUSE

               Rule I.--The Speaker...............................   327
                   II.--Other Officers and Officials..............   345
                  III.--The Members, Delegates, and Resident 
                        Commissioner of Puerto Rico...............   364
                   IV.--The Hall of the House.....................   368
                    V.--Broadcasting the House....................   375
                   VI.--Official Reporters and News Media 
                        Galleries.................................   378
                  VII.--Records of the House......................   389
                 VIII.--Response to Subpoenas.....................   393
                   IX.--Questions of Privilege....................   397

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