[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Agreed to House (ATH)]

103d CONGRESS
  1st Session
H. RES. 5

         Adopting the Rules of the House for the 103d Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Gephardt submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION


 
         Adopting the Rules of the House for the 103d Congress.

    Resolved, That the Rules of the House of Representatives of the One Hundred 
Second Congress, including applicable provisions of law or concurrent resolution 
that constituted rules of the House at the end of the One Hundred Second 
Congress, are adopted as the Rules of the House of Representatives of the One 
Hundred Third Congress, with the following amendments to the standing rules, to 
wit:
     (1) In clause 5(a) of rule I, strike ``negative, if he still doubts, or a 
count is required by at least one-fifth of a quorum, he shall name one or more 
from each side of the question to tell the Members in the affirmative and 
negative; which being reported, he shall rise and state the decision. However, 
if'' and insert in lieu thereof ``negative. If''.
    (2) At the end of rule I add the following new clauses:
    ``11. There is established in the House of Representatives an office to be 
known as the Office of General Counsel for the purpose of providing legal 
assistance and representation to the House. Legal assistance and representation 
shall be provided without regard to political affiliation. The Office of General 
Counsel shall function pursuant to the direction of the Speaker, who shall 
consult with a Bipartisan Legal Advisory Group, which shall include the majority 
and minority leaderships. The Speaker shall appoint and set the annual rate of 
pay for employees of the Office of General Counsel.
    ``12. To suspend the business of the House for a short time when no question 
is pending before the House, the Speaker may declare a recess subject to the 
call of the Chair.''.
    (3) After rule V, insert the following new rule VI:

                                   ``Rule VI.

                           ``administrative officials.

              ``Director of Non-legislative and Financial Services

    ``1. (a) The Director of Non-legislative and Financial Services shall be 
appointed for a Congress by the Speaker, the majority leader, and the minority 
leader, acting jointly. The Director may be removed by the House or by the 
Speaker. The Director shall be paid at the same rate of basic pay as the elected 
officers of the House.
    ``(b) The Director of Non-legislative and Financial Services shall have 
extensive managerial and financial experience.
    ``(c) Subject to the policy direction and oversight of the Committee on 
House Administration, the Director shall have operational and financial 
responsibility for functions assigned by resolution of the House.
    ``(d) Subject to the policy direction and oversight of the Committee on 
House Administration, the Director shall develop employment standards that 
provide that all employment decisions for functions under the Director's 
supervision be made in accordance with the non-discrimination provisions of 
clause 9 of rule XLIII and of rule LI, without regard to political affiliation, 
and solely on the basis of fitness to perform the duties involved. No adverse 
personnel action may be taken by the Director without cause.
    ``(e) All positions under the Director shall be subject to the provisions of 
the House Employees Position Classification Act.

                          ``Office of Inspector General

    ``2. (a) There is established an Office of Inspector General.
    ``(b) The Inspector General shall be appointed for a Congress by the 
Speaker, the majority leader, and the minority leader, acting jointly.
    ``(c) Subject to the policy direction and oversight of the Committee on 
House Administration, the Inspector General shall be responsible only for--
            ``(1) conducting periodic audits of the financial functions under 
        the Director of Non-legislative and Financial Services, Clerk, Sergeant-
        at-Arms, and Doorkeeper;
            ``(2) informing the Director or other officer who is the subject of 
        an audit of the results of that audit and suggesting appropriate 
        curative actions;
            ``(3) notifying the Speaker, the majority leader, the minority 
        leader, and the chairman and ranking minority party member of the 
        Committee on House Administration in the case of any financial 
        irregularity discovered in the course of carrying out responsibilities 
        under this rule; and
            ``(4) submitting to the Speaker, the majority leader, the minority 
        leader, and the chairman and ranking minority party member of the 
        Committee on House Administration and to the Subcommittee on 
        Administrative Oversight of the Committee on House Administration a 
        report of each audit conducted under this rule.
    ``(d) The position of Inspector General, and all positions under the 
Inspector General, shall be subject to the provisions of the House Employees 
Position Classification Act.''.
    (4) Amend rule IX to read as follows:

                            ``questions of privilege.

    ``1. Questions of privilege shall be, first, those affecting the rights of 
the House collectively, its safety, dignity, and the integrity of its 
proceedings; and second, those affecting the rights, reputation, and conduct of 
Members, individually, in their representative capacity only.
    ``2. (a)(1) A resolution reported as a question of the privileges of the 
House, or offered from the floor by the majority leader or the minority leader 
as a question of the privileges of the House, or offered as privileged under 
clause 1, section 7, article I of the Constitution, shall have precedence of all 
other questions except motions to adjourn. A resolution offered from the floor 
by a Member other than the majority leader or the minority leader as a question 
of the privileges of the House shall have precedence of all other questions 
except motions to adjourn only at a time or place, designated by the Speaker, in 
the legislative schedule within two legislative days after the day on which the 
proponent announces to the House his intention to offer the resolution and the 
form of the resolution.
    ``(2) The time allotted for debate on a resolution offered from the floor as 
a question of the privileges of the House shall be equally divided between (A) 
the proponent of the resolution, and (B) the majority leader or the minority 
leader or a designee, as determined by the Speaker.
    ``(b) A question of personal privilege shall have precedence of all other 
questions except motions to adjourn.''.
    (5) In clause 1 of rule X--
            (a) in paragraph (e)(1), strike the antepenultimate sentence;
            (b) in paragraph (l), strike ``Committee on Interior and Insular 
        Affairs'' and insert in lieu thereof ``Committee on Natural Resources'';
            (c) in paragraph (q), strike ``(3)'';
            (d) in paragraph (r)(2) strike ``Bureau of Standards'' and insert in 
        lieu thereof ``National Institute of Standards and Technology'';
            (e) in paragraph (r)(4) strike ``Aeronautics and''; and
            (f) redesignate paragraphs (l), (m), and (n) as (n), (l), and (m), 
        respectively.
    (6) In clause 3 of rule X--
            (a) in paragraph (e), strike ``Committee on Interior and Insular 
        Affairs'' and insert in lieu thereof ``Committee on Natural Resources''; 
        and
            (b) in paragraph (j), amend subparagraph (3) to read as follows:
    ``(3) The Speaker, the majority leader, the minority leader, and the 
chairman and ranking minority party member of the Committee on House 
Administration shall be informed by the chairman of the subcommittee of any 
matter that, by reason of a tie vote, cannot be resolved by the subcommittee.''.
    (7) In clause 6 of rule X--
            (a) in paragraph (f), insert after the first sentence the following: 
        ``At any time after an original appointment, the Speaker may remove 
        Members or appoint additional Members to select and conference 
        committees.'';
            (b) in paragraph (h), strike ``that is considering legislation 
        reported from a committee on which they serve''; and
            (c) strike paragraph (i).
    (8) In clause 2 of rule XI--
            (a) in paragraph (i)--
                    (i) strike ``during five-minute rule and'' from the caption;
                    (ii) strike subparagraph (1); and
                    (iii) strike the designation of the remaining text as 
                subparagraph (2);
            (b) in paragraph (l)(2)(A), strike ``present.'' and insert in lieu 
        thereof ``present, which shall be deemed the case if the records of the 
        committee establish that a majority of the committee responded on a 
        rollcall vote on that question. No point of order shall lie with respect 
        to a measure or recommendation on the ground that it was reported 
        without a majority of the committee actually present unless such point 
        of order was timely made in committee.''; and
            (c) in paragraph (l)(3), strike ``committee (A) shall include the 
        oversight findings'' and insert in lieu thereof ``committee shall 
        include (A) the oversight findings''.
    (9) Amend rule XII to read as follows:

                     ``resident commissioner and delegates.

    ``1. The Resident Commissioner to the United States from Puerto Rico and 
each Delegate to the House shall be elected to serve on standing committees in 
the same manner as Members of the House and shall possess in such committees the 
same powers and privileges as the other Members.
    ``2. In a Committee of the Whole House on the state of the Union, the 
Resident Commissioner to the United States from Puerto Rico and each Delegate to 
the House shall possess the same powers and privileges as Members of the 
House.''.
    (10) In clause 5 of rule XIII, strike ``clause 4 of rule XXVII'' and insert 
in lieu thereof ``clause 3 of rule XXVII''.
    (11) In clause 5 of rule XV--
            (a) insert ``(a)'' before the first sentence;
            (b) strike the last two sentences; and
            (c) add the following new paragraph at the end:
    ``(b) The Speaker may, in his discretion, reduce to not less than five 
minutes the time within which a rollcall vote by electronic device may be 
taken--
            ``(1) after a rollcall vote has been ordered on a motion for the 
        previous question on a resolution reported by the Committee on Rules 
        providing a special order of business, on the question of adoption of 
        such resolution, if the question of adoption follows without intervening 
        business the vote on the motion for the previous question;
            ``(2) after a rollcall vote has been ordered on an amendment 
        reported from the Committee of the Whole House on the state of the 
        Union, on any subsequent amendment to that bill or resolution reported 
        from the Committee of the Whole; or
            ``(3) after a rollcall vote has been ordered on a motion to recommit 
        a bill, resolution, or conference report thereon, on the question of 
        passage or adoption, as the case may be, of such bill, resolution, or 
        conference report thereon, if the question of passage or adoption 
        follows without intervening business the vote on the motion to 
        recommit.''.
    (12) In rule XXI, strike clause 8.
    (13) In clause 1(a) of rule XXIII, insert ``Member, Resident Commissioner, 
or Delegate as'' before ``Chairman''.
    (14) At the end of clause 2 of rule XXIII, add the following new paragraph:
    ``(d) Whenever a recorded vote on any question has been decided by a margin 
within which the votes cast by the Delegates and the Resident Commissioner have 
been decisive, the Committee of the Whole shall automatically rise and the 
Speaker shall put that question de novo without intervening debate or other 
business. Upon the announcement of the vote on that question, the Committee of 
the Whole shall resume its sitting without intervening motion.''.
    (15) In clause 1(c) of rule XXVIII, strike ``(but only on the day after the 
calendar day on which the Member making the motion announces to the House his 
intention to do so and the form of the motion)'' and insert in lieu thereof 
``(but in either case only at a time or place designated by the Speaker in the 
legislative schedule of the day after the calendar day on which the Member 
offering the motion announces to the House his intention to do so and the form 
of the motion)''.
    (16) In clause 2(b) of rule XXVIII, insert ``(1)'' after ``(b)'' and add the 
following new subparagraph at the end:
    ``(2) During consideration of such an amendment to a general appropriation 
bill, if the original motion offered by the floor manager proposes to change 
existing law, then pending such original motion and before debate thereon one 
motion to insist on disagreement to the amendment proposed by the Senate shall 
be preferential to any other motion to dispose of that amendment if offered by 
the chairman of a committee having jurisdiction of the subject matter of the 
amendment or by a designee. Such a preferential motion shall be separately 
debatable for one hour equally divided between its proponent and the proponent 
of the original motion. The previous question shall be considered as ordered on 
such a preferential motion to its adoption without intervening motion.''.
    (17) Amend rule XXX to read as follows:

                               ``use of exhibits.

    ``When the use of any exhibit in debate is objected to by any Member, it 
shall be determined without debate by a vote of the House.''.
    (18) In rule XLVI, amend clause 4 to read as follows:
    ``4. A Member may not send any mass mailing outside the congressional 
district from which the Member was elected.''.
    (19) Amend rule LI to read as follows:

                             ``employment practices.

    ``1. The Committee on House Administration shall have authority to issue 
rules and regulations applying the rights and protections of the Fair Labor 
Standards Act in the House, including, but not limited to, determination of 
exemption categories, permitting the use of compensatory time as compensation 
under the maximum work week provisions of the Act, describing the recordkeeping 
requirements and providing that such recordkeeping provisions do not apply with 
respect to employees exempted pursuant to the Committee's Rules and Regulations.

                        ``nondiscrimination in employment

    ``2. (a) Personnel actions affecting employment positions in the House of 
Representatives shall be made free from discrimination based on race, color, 
national origin, religion, sex (including marital or parental status), 
disability, or age.
    ``(b)Interpretations under paragraph (a) shall reflect the principles of 
current law, as generally applicable to employment.
    ``(c) Paragraph (a) does not prohibit the taking into consideration of--
            ``(1) the domicile of an individual with respect to a position under 
        the clerk-hire allowance; or
            ``(2) the political affiliation of an individual with respect to a 
        position under the clerk-hire allowance or a position on the staff of a 
        committee or a position under all support offices, except as otherwise 
        stated in the Rules of the House of Representatives.

                                   ``procedure

    ``3. The procedure for consideration of alleged violations of clause 2 
consists of three steps as follows:
            ``(a) step I, Counseling and Mediation, as set forth in clause 5;
            ``(b) step II, Formal Complaint, Hearing, and Review by the Office 
        of Fair Employment Practices, as set forth in clause 6; and
            ``(c) step III, Final Review by Review Panel, as set forth in clause 
        7.

                      ``office of fair employment practices

    ``4. There is established an Office of Fair Employment Practices (hereafter 
in this rule referred to as the ``Office''), which shall carry out functions 
assigned under this rule. Employees and Hearing Officers of the Office shall be 
appointed by, and serve at the pleasure of, the Chairman and the ranking 
minority party member of the Committee on House Administration, acting jointly, 
and shall be under the administrative direction of the Clerk of the House of 
Representatives. The Office shall be located in the District of Columbia.

                       ``step i: counseling and mediation

    ``5. (a) An individual aggrieved by an alleged violation of clause 2 may 
request counseling by counselors in the Office, who shall provide information 
with respect to rights and related matters under that clause. A request for 
counseling shall be made not later than one hundred and eighty days after the 
alleged violation and may be oral or written, at the option of the individual. 
The period for counseling is thirty days, unless the employee and the Office 
agree to reduce the time period. The Office may not notify the employing 
authority of the counseling before the beginning of mediation or the flling of a 
formal complaint, whichever occurs first.
    ``(b) If, after counseling, the individual desires to proceed, the Office 
shall attempt to resolve the alleged violation through mediation between the 
individual and the employing authority.

     ``step ii: formal complaint, hearing, and review by the office of fair 
                              employment practices

    ``6. (a) Not later than thirty days after the end of the counseling period, 
the individual may file a formal complaint with the Office. Not later than ten 
days after filing the formal complaint, the individual may file with the Office 
a written request for a hearing on the complaint.
    ``(b) The hearing shall be conducted--
            ``(1) not later than forty days after filing of the written request 
        under paragraph (a);
            ``(2) on the record by a Hearing Officer of the Office appointed 
        under the procedures set forth in clause 4; and
            ``(3) to the greatest extent practicable, in accordance with the 
        principles and procedures set forth in sections 555 and 556 of title 5, 
        United States Code.
    ``(c) Not later than thirty days after the hearing, the Office shall issue a 
written decision to the parties. The decision shall clearly state the issues 
raised by the complaint, and shall contain a determination as to whether a 
violation of clause 2 has occurred.

                    ``step iii: final review by review panel

    ``7. (a) In General. Not later than twenty days after issuance of the 
decision under clause 6, any party may seek formal review of the decision by 
filing a written request with the Office. The formal review shall be conducted 
by a panel constituted at the beginning of each Congress and composed of--
            ``(1) two elected officers or employees of the House of 
        Representatives, appointed by the Speaker;
            ``(2) two employees of the House of Representatives appointed by the 
        minority leader of the House of Representatives;
            ``(3) two members of the Committee on House Administration (one of 
        whom shall be appointed as chairman of the panel), appointed by the 
        Chairman of that Committee; and
            ``(4) two members of the Committee on House Administration, 
        appointed by the ranking minority party member of that Committee.
If any member of the panel withdraws from a particular review, the appointing 
authority for such member shall appoint another officer, employee, or Member of 
the House of Representatives, as the case may be, to be a temporary member of 
the panel for purposes of that review only.
    ``(b) The review under this clause shall consist of a hearing (conducted in 
the manner described in clause 6(b)(3)), if such hearing is considered necessary 
by the panel, and an examination of the record, together with any statements or 
other documents the panel deems appropriate. A tie vote by the panel is an 
affirmation of the decision of the Office. The panel shall complete the review 
and submit a written decision to the parties and to the Committee on House 
Administration not later than sixty days after filing of the request under 
paragraph (a), except that when the House has adjourned sine die, in which case 
an extension of up to sixty additional days is authorized.

                            ``resolution by agreement

    ``8. If, after a formal complaint is filed under clause 6, the parties 
resolve the issues involved, the parties shall enter into a written agreement, 
which shall be effective--
            ``(1) in the case of a matter under review by the Office under 
        clause 6, if approved by the Office; and
            ``(2) in the case of a matter under review by a panel under clause 
        7, if approved by the panel.

                                   ``remedies

    ``9. The Office or a review panel, as the case may be, may order one or more 
of the following remedies:
            ``(a) monetary compensation, to be paid from the clerk-hire 
        allowance of a Member, or from personnel finds of a committee of the 
        House or other entity, as appropriate;
            ``(b) monetary compensation, to be paid from the contingent fund of 
        the House of Representatives;
            ``(c) injunctive relief;
            ``(d) costs and attorney fees; and
            ``(e) employment, reinstatement to employment, or promotion (with or 
        without back pay).

                          ``costs of attending hearings

    ``10. An individual with respect to whom a hearing is held under this rule 
shall be reimbursed for actual and reasonable costs of attending the hearing, if 
the individual resides outside the location of the hearing. Witnesses required 
to attend the hearings by the Hearing Officer as necessary to a fair and 
justiciable hearing shall be reimbursed for actual and reasonable costs of 
attending the hearing if they reside outside the location of the hearing. 
Expenses are to he paid from the contingent fund of the House of 
Representatives.

                          ``prohibition of intimidation

    ``11. Any intimidation of, or reprisal against, any person by an employing 
authority because of the exercise of a right under this rule is a violation of 
clause 2.

                      ``closed hearings and confidentiality

    ``12. All hearings under this rule shall be closed. All information relating 
to any procedure under this rule is confidential, except that a decision of the 
Office under clause 6 or a decision of a review panel under clause 7 shall be 
published, if the decision constitutes a final disposition of the matter.

                    ``exclusivity of procedures and remedies

    ``13. The procedures and remedies under this rule are exclusive except to 
the extent that the Rules of the House of Representatives and the Rules of the 
House Committee on Standards of Official Conduct provide for additional 
procedures and remedies.

                    ``requests for witnesses and information

    ``14. The Office of Fair Employment Practices and the Fair Employment 
Practices Review Panel may issue, and the addressees shall comply with, written 
requests for the production of documents and the attendance of witnesses, if 
such requests are necessary and relevant to the proper examination of the 
issues.

           ``internal procedures for resolution of possible violations

    ``15. It is the policy of the House of Representatives to encourage each 
employing authority to establish internal procedures for examining and resolving 
possible violations of this rule. To the greatest extent practicable, the Office 
of Fair Employment Practices shall take such action (consistent with the rights 
of the parties) as may be necessary to encourage initial use of such procedures.

                                  ``definitions

    ``16. As used in this rule--
            ``(a) the term ``employment position'' means, with respect to the 
        House of Representatives, a position the pay for which is disbursed by 
        the Clerk of the House of Representatives, or other official designated 
        by the House of Representatives, and any employment position in a 
        legislative service organization or other entity that is paid through 
        funds derived from the clerk-hire allowance;
            ``(b) the term ``employing authority'' means, the Member of the 
        House of Representatives or elected officer of the House of 
        Representatives, or the Director of the Congressional Budget Office, 
        with the power to appoint the employee;
            ``(c) the term ``Member of the House of Representatives'' means a 
        Representative in, or a Delegate or Resident Commissioner to, the 
        Congress; and
            ``(d) the term ``elected officer of the House of 
        Representatives''`means an elected officer of the House of 
        Representatives (other than the Speaker and the Chaplain).''.
    (20) Strike rules LII and LIII.

                                 <all>