[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Agreed to House (ATH)]







108th CONGRESS
  1st Session
H. RES. 5

          Adopting rules for the One Hundred Eighth Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

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

_______________________________________________________________________

                               RESOLUTION


 
          Adopting rules for the One Hundred Eighth Congress.

    Resolved, That the Rules of the House of Representatives of the One 
Hundred Seventh Congress, including applicable provisions of law or 
concurrent resolution that constituted rules of the House at the end of 
the One Hundred Seventh Congress, are adopted as the Rules of the House 
of Representatives of the One Hundred Eighth Congress, with amendments 
to the standing rules as provided in section 2, and with other orders 
as provided in sections 3 and 4.

SEC. 2. CHANGES IN STANDING RULES.

    (a) Members to act as Speaker pro Tempore.--In clause 8(b) of rule 
I, add at the end the following new subparagraph:
            ``(3)(A) In the case of a vacancy in the office of Speaker, 
        the next Member on the list described in subdivision (B) shall 
        act as Speaker pro tempore until the election of a Speaker or a 
        Speaker pro tempore. Pending such election the Member acting as 
        Speaker pro tempore may exercise such authorities of the Office 
        of Speaker as may be necessary and appropriate to that end.
            ``(B) As soon as practicable after his election and 
        whenever he deems appropriate thereafter, the Speaker shall 
        deliver to the Clerk a list of Members in the order in which 
        each shall act as Speaker pro tempore under subdivision (A).
            ``(C) For purposes of subdivision (A), a vacancy in the 
        office of Speaker may exist by reason of the physical inability 
        of the Speaker to discharge the duties of the office.''.
    (b) Term of Speaker.--In rule I--
            (1) strike clause 9; and
            (2) redesignate clause 13 as clause 9.
    (c) Recess and Convening Authorities.--In clause 12 of rule I--
            (1) amend the caption to read:
``Recess and convening authorities'';
        and
            (2) designate the existing text as paragraph (a) and add 
        thereafter the following new paragraphs:
    ``(b) To suspend the business of the House when notified of an 
imminent threat to its safety, the Speaker may declare an emergency 
recess subject to the call of the Chair.
    ``(c) During any recess or adjournment of not more than three days, 
if the Speaker is notified by the Sergeant-at-Arms of an imminent 
impairment of the place of reconvening at the time previously 
appointed, then he may, in consultation with the Minority Leader--
            ``(1) postpone the time for reconvening within the limits 
        of clause 4, section 5, article I of the Constitution and 
        notify Members accordingly; or
            ``(2) reconvene the House before the time previously 
        appointed solely to declare the House in recess within the 
        limits of clause 4, section 5, article I of the Constitution 
        and notify Members accordingly.
    ``(d) The Speaker may convene the House in a place at the seat of 
government other than the Hall of the House whenever, in his opinion, 
the public interest shall warrant it.''.
    (d) Privileges of Floor.--In clause 2(a)(7) of rule IV, after 
``consideration'' insert a comma followed by ``and staff of the 
respective party leaderships when so assigned with the approval of the 
Speaker''.
    (e) Membership of Budget Committee.--In clause 5(a)(2) of rule X, 
amend subdivision (A)(i) to read as follows:
            ``(i) Members, Delegates, or the Resident Commissioner who 
        are members of other standing committees, including five from 
        the Committee on Appropriations, five from the Committee on 
        Ways and Means, and one from the Committee on Rules;''.
    (e-1) Tenure of Certain Chairmen and Ranking Minority Members.--
            (1) In clause 5(a)(2) of rule X, amend subdivision (C) to 
        read as follows:
                    ``(C) In the case of a Member, Delegate, or 
                Resident Commissioner elected to serve as the chairman 
                or the ranking minority member of the committee, tenure 
                on the committee shall be limited only by paragraph 
                (c)(2) of this clause.''.
            (2) In clause 11(a)(4) of rule X, amend subdivision (B) to 
        read as follows:
                    ``(B) In the case of a Member, Delegate, or 
                Resident Commissioner appointed to serve as the 
                chairman or the ranking minority member of the select 
                committee, tenure on the select committee shall not be 
                limited.''.
    (f) Associate Staff.--In clause 9(b) of rule X--
            (1) redesignate subparagraph (2) as subparagraph (2)(A);
            (2) redesignate subparagraph (3) as subparagraph (2)(B);
            (3) in subparagraph (2)(B), as redesignated, insert ``other 
        than the Committee on Appropriations'' after ``a committee''; 
        and
            (4) strike subparagraph (4).
    (g) Postponing Votes in Committees.--At the end of clause 2(h) of 
rule XI, add the following new subparagraph:
    ``(4)(A) Each committee may adopt a rule authorizing the chairman 
of a committee or subcommittee--
            ``(i) to postpone further proceedings when a record vote is 
        ordered on the question of approving a measure or matter or on 
        adopting an amendment; and
            ``(ii) to resume proceedings on a postponed question at any 
        time after reasonable notice.
    ``(B) A rule adopted pursuant to this subparagraph shall provide 
that when proceedings resume on a postponed question, notwithstanding 
any intervening order for the previous question, an underlying 
proposition shall remain subject to further debate or amendment to the 
same extent as when the question was postponed.''.
    (h) Codification of Freestanding Ethics Rules.--In clause 3 of rule 
XI, add at the end the following new paragraphs:
``Committee agendas
    ``(f) The committee shall adopt rules providing that the chairman 
shall establish the agenda for meetings of the committee, but shall not 
preclude the ranking minority member from placing any item on the 
agenda.
``Committee staff
    ``(g)(1) The committee shall adopt rules providing that--
            ``(A) the staff be assembled and retained as a 
        professional, nonpartisan staff;
            ``(B) each member of the staff shall be professional and 
        demonstrably qualified for the position for which he is hired;
            ``(C) the staff as a whole and each member of the staff 
        shall perform all official duties in a nonpartisan manner;
            ``(D) no member of the staff shall engage in any partisan 
        political activity directly affecting any congressional or 
        presidential election;
            ``(E) no member of the staff or outside counsel may accept 
        public speaking engagements or write for publication on any 
        subject that is in any way related to his or her employment or 
        duties with the committee without specific prior approval from 
        the chairman and ranking minority member; and
            ``(F) no member of the staff or outside counsel may make 
        public, unless approved by an affirmative vote of a majority of 
        the members of the committee, any information, document, or 
        other material that is confidential, derived from executive 
        session, or classified and that is obtained during the course 
        of employment with the committee.
    ``(2) Only subdivisions (C), (E), and (F) of subparagraph (1) shall 
apply to shared staff.
    ``(3)(A) All staff members shall be appointed by an affirmative 
vote of a majority of the members of the committee. Such vote shall 
occur at the first meeting of the membership of the committee during 
each Congress and as necessary during the Congress.
    ``(B) Subject to the approval of the Committee on House 
Administration, the committee may retain counsel not employed by the 
House of Representatives whenever the committee determines, by an 
affirmative vote of a majority of the members of the committee, that 
the retention of outside counsel is necessary and appropriate.
    ``(C) If the committee determines that it is necessary to retain 
staff members for the purpose of a particular investigation or other 
proceeding, then such staff shall be retained only for the duration of 
that particular investigation or proceeding.
    ``(D) Outside counsel may be dismissed before the end of a contract 
between the committee and such counsel only by an affirmative vote of a 
majority of the members of the committee.
    ``(4) In addition to any other staff provided for by law, rule, or 
other authority, with respect to the committee, the chairman and 
ranking minority member each may appoint one individual as a shared 
staff member from his or her personal staff to perform service for the 
committee. Such shared staff may assist the chairman or ranking 
minority member on any subcommittee on which he serves.
``Meetings and hearings
    ``(h)(1) The committee shall adopt rules providing that--
            ``(A) all meetings or hearings of the committee or any 
        subcommittee thereof, other than any hearing held by an 
        adjudicatory subcommittee or any sanction hearing held by the 
        committee, shall occur in executive session unless the 
        committee or subcommittee by an affirmative vote of a majority 
        of its members opens the meeting or hearing to the public; and
            ``(B) any hearing held by an adjudicatory subcommittee or 
        any sanction hearing held by the committee shall be open to the 
        public unless the committee or subcommittee by an affirmative 
        vote of a majority of its members closes the hearing to the 
        public.
``Public disclosure
    ``(i) The committee shall adopt rules providing that, unless 
otherwise determined by a vote of the committee, only the chairman or 
ranking minority member, after consultation with each other, may make 
public statements regarding matters before the committee or any 
subcommittee thereof.
``Requirements to constitute a complaint
    ``(j) The committee shall adopt rules regarding complaints to 
provide that whenever information offered as a complaint is submitted 
to the committee, the chairman and ranking minority member shall have 
14 calendar days or five legislative days, whichever is sooner, to 
determine whether the information meets the requirements of the rules 
of the committee for what constitutes a complaint.
``Duties of chairman and ranking minority member regarding properly 
              filed complaints
    ``(k)(1) The committee shall adopt rules providing that whenever 
the chairman and ranking minority member jointly determine that 
information submitted to the committee meets the requirements of the 
rules of the committee for what constitutes a complaint, they shall 
have 45 calendar days or five legislative days, whichever is later, 
after that determination (unless the committee by an affirmative vote 
of a majority of its members votes otherwise) to--
            ``(A) recommend to the committee that it dispose of the 
        complaint, or any portion thereof, in any manner that does not 
        require action by the House, which may include dismissal of the 
        complaint or resolution of the complaint by a letter to the 
        Member, officer, or employee of the House against whom the 
        complaint is made;
            ``(B) establish an investigative subcommittee; or
            ``(C) request that the committee extend the applicable 45-
        calendar day or five-legislative day period by one additional 
        45-calendar day period when they determine more time is 
        necessary in order to make a recommendation under subdivision 
        (A).
    ``(2) The committee shall adopt rules providing that if the 
chairman and ranking minority member jointly determine that information 
submitted to the committee meets the requirements of the rules of the 
committee for what constitutes a complaint, and the complaint is not 
disposed of within the applicable time periods under subparagraph (1), 
then they shall establish an investigative subcommittee and forward the 
complaint, or any portion thereof, to that subcommittee for its 
consideration. However, if, at any time during those periods, either 
the chairman or ranking minority member places on the agenda the issue 
of whether to establish an investigative subcommittee, then an 
investigative subcommittee may be established only by an affirmative 
vote of a majority of the members of the committee.
``Duties of chairman and ranking minority member regarding information 
              not constituting a complaint
    ``(l) The committee shall adopt rules providing that whenever the 
chairman and ranking minority member jointly determine that information 
submitted to the committee does not meet the requirements of the rules 
of the committee for what constitutes a complaint, they may--
            ``(1) return the information to the complainant with a 
        statement that it fails to meet the requirements of the rules 
        of the committee for what constitutes a complaint; or
            ``(2) recommend to the committee that it authorize the 
        establishment of an investigative subcommittee.
``Investigative and adjudicatory subcommittees
    ``(m) The committee shall adopt rules providing that--
            ``(1)(A) an investigative subcommittee shall be composed of 
        four Members (with equal representation from the majority and 
        minority parties) whenever such a subcommittee is established 
        pursuant to the rules of the committee;
            ``(B) an adjudicatory subcommittee shall be composed of the 
        members of the committee who did not serve on the pertinent 
        investigative subcommittee (with equal representation from the 
        majority and minority parties) whenever such a subcommittee is 
        established pursuant to the rules of the committee; and
            ``(C) notwithstanding any other provision of this clause, 
        the chairman and ranking minority member of the committee may 
        consult with an investigative subcommittee either on their own 
        initiative or on the initiative of the subcommittee, shall have 
        access to information before a subcommittee with which they so 
        consult, and shall not thereby be precluded from serving as 
        full, voting members of any adjudicatory subcommittee;
    ``(2) at the time of appointment, the chairman shall designate one 
member of a subcommittee to serve as chairman and the ranking minority 
member shall designate one member of the subcommittee to serve as the 
ranking minority member; and
    ``(3) the chairman and ranking minority member of the committee may 
serve as members of an investigative subcommittee, but may not serve as 
non-voting, ex officio members.
``Standard of proof for adoption of statement of alleged violation
    ``(n) The committee shall adopt rules to provide that an 
investigative subcommittee may adopt a statement of alleged violation 
only if it determines by an affirmative vote of a majority of the 
members of the subcommittee that there is substantial reason to believe 
that a violation of the Code of Official Conduct, or of a law, rule, 
regulation, or other standard of conduct applicable to the performance 
of official duties or the discharge of official responsibilities by a 
Member, officer, or employee of the House of Representatives, has 
occurred.
``Subcommittee powers
    ``(o)(1) The committee shall adopt rules providing that an 
investigative subcommittee or an adjudicatory subcommittee may 
authorize and issue subpoenas only when authorized by an affirmative 
vote of a majority of the members of the subcommittee.
    ``(2) The committee shall adopt rules providing that an 
investigative subcommittee may, upon an affirmative vote of a majority 
of its members, expand the scope of its investigation approved by an 
affirmative vote of a majority of the members of the committee.
    ``(3) The committee shall adopt rules to provide that--
            ``(A) an investigative subcommittee may, upon an 
        affirmative vote of a majority of its members, amend its 
        statement of alleged violation anytime before the statement of 
        alleged violation is transmitted to the committee; and
            ``(B) if an investigative subcommittee amends its statement 
        of alleged violation, the respondent shall be notified in 
        writing and shall have 30 calendar days from the date of that 
        notification to file an answer to the amended statement of 
        alleged violation.
``Due process rights of respondents
    ``(p) The committee shall adopt rules to provide that--
            ``(1) not less than 10 calendar days before a scheduled 
        vote by an investigative subcommittee on a statement of alleged 
        violation, the subcommittee shall provide the respondent with a 
        copy of the statement of alleged violation it intends to adopt 
        together with all evidence it intends to use to prove those 
        charges which it intends to adopt, including documentary 
        evidence, witness testimony, memoranda of witness interviews, 
        and physical evidence, unless the subcommittee by an 
        affirmative vote of a majority of its members decides to 
        withhold certain evidence in order to protect a witness; but if 
        such evidence is withheld, the subcommittee shall inform the 
        respondent that evidence is being withheld and of the count to 
        which such evidence relates;
            ``(2) neither the respondent nor his counsel shall, 
        directly or indirectly, contact the subcommittee or any member 
        thereof during the period of time set forth in paragraph (1) 
        except for the sole purpose of settlement discussions where 
        counsel for the respondent and the subcommittee are present;
            ``(3) if, at any time after the issuance of a statement of 
        alleged violation, the committee or any subcommittee thereof 
        determines that it intends to use evidence not provided to a 
        respondent under paragraph (1) to prove the charges contained 
        in the statement of alleged violation (or any amendment 
        thereof), such evidence shall be made immediately available to 
        the respondent, and it may be used in any further proceeding 
        under the rules of the committee;
            ``(4) evidence provided pursuant to paragraph (1) or (3) 
        shall be made available to the respondent and his or her 
        counsel only after each agrees, in writing, that no document, 
        information, or other materials obtained pursuant to that 
        paragraph shall be made public until--
                    ``(A) such time as a statement of alleged violation 
                is made public by the committee if the respondent has 
                waived the adjudicatory hearing; or
                    ``(B) the commencement of an adjudicatory hearing 
                if the respondent has not waived an adjudicatory 
                hearing;
        but the failure of respondent and his counsel to so agree in 
        writing, and their consequent failure to receive the evidence, 
        shall not preclude the issuance of a statement of alleged 
        violation at the end of the period referred to in paragraph 
        (1);
            ``(5) a respondent shall receive written notice whenever--
                    ``(A) the chairman and ranking minority member 
                determine that information the committee has received 
                constitutes a complaint;
                    ``(B) a complaint or allegation is transmitted to 
                an investigative subcommittee;
                    ``(C) an investigative subcommittee votes to 
                authorize its first subpoena or to take testimony under 
                oath, whichever occurs first; or
                    ``(D) an investigative subcommittee votes to expand 
                the scope of its investigation;
            ``(6) whenever an investigative subcommittee adopts a 
        statement of alleged violation and a respondent enters into an 
        agreement with that subcommittee to settle a complaint on which 
        that statement is based, that agreement, unless the respondent 
        requests otherwise, shall be in writing and signed by the 
        respondent and respondent's counsel, the chairman and ranking 
        minority member of the subcommittee, and the outside counsel, 
        if any;
            ``(7) statements or information derived solely from a 
        respondent or his counsel during any settlement discussions 
        between the committee or a subcommittee thereof and the 
        respondent shall not be included in any report of the 
        subcommittee or the committee or otherwise publicly disclosed 
        without the consent of the respondent; and
            ``(8) whenever a motion to establish an investigative 
        subcommittee does not prevail, the committee shall promptly 
        send a letter to the respondent informing him of such vote.
``Committee reporting requirements
    ``(q) The committee shall adopt rules to provide that--
            ``(1) whenever an investigative subcommittee does not adopt 
        a statement of alleged violation and transmits a report to that 
        effect to the committee, the committee may by an affirmative 
        vote of a majority of its members transmit such report to the 
        House of Representatives;
            ``(2) whenever an investigative subcommittee adopts a 
        statement of alleged violation, the respondent admits to the 
        violations set forth in such statement, the respondent waives 
        his or her right to an adjudicatory hearing, and the 
        respondent's waiver is approved by the committee--
                    ``(A) the subcommittee shall prepare a report for 
                transmittal to the committee, a final draft of which 
                shall be provided to the respondent not less than 15 
                calendar days before the subcommittee votes on whether 
                to adopt the report;
                    ``(B) the respondent may submit views in writing 
                regarding the final draft to the subcommittee within 
                seven calendar days of receipt of that draft;
                    ``(C) the subcommittee shall transmit a report to 
                the committee regarding the statement of alleged 
                violation together with any views submitted by the 
                respondent pursuant to subdivision (B), and the 
                committee shall make the report together with the 
                respondent's views available to the public before the 
                commencement of any sanction hearing; and
                    ``(D) the committee shall by an affirmative vote of 
                a majority of its members issue a report and transmit 
                such report to the House of Representatives, together 
                with the respondent's views previously submitted 
                pursuant to subdivision (B) and any additional views 
                respondent may submit for attachment to the final 
                report; and
            ``(3) members of the committee shall have not less than 72 
        hours to review any report transmitted to the committee by an 
        investigative subcommittee before both the commencement of a 
        sanction hearing and the committee vote on whether to adopt the 
        report.''.
    (i) Joint Referral.--In clause 2(c)(1) of rule XII, insert before 
the semicolon the following: ``(except where he determines that 
extraordinary circumstances justify review by more than one committee 
as though primary)''.
    (j) Macroeconomic Analyses of Tax Proposals.--In clause 3(h) of 
rule XIII, strike subparagraphs (2) and (3) and insert in lieu thereof 
the following:
            ``(2)(A) It shall not be in order to consider a bill or 
        joint resolution reported by the Committee on Ways and Means 
        that proposes to amend the Internal Revenue Code of 1986 
        unless--
                    ``(i) the report includes a macroeconomic impact 
                analysis;
                    ``(ii) the report includes a statement from the 
                Joint Committee on Internal Revenue Taxation explaining 
                why a macroeconomic impact analysis is not calculable; 
                or
                    ``(iii) the chairman of the Committee on Ways and 
                Means causes a macroeconomic impact analysis to be 
                printed in the Congressional Record before 
                consideration of the bill or joint resolution.
            ``(B) In subdivision (A), the term `macroeconomic impact 
        analysis' means--
                    ``(i) an estimate prepared by the Joint Committee 
                on Internal Revenue Taxation of the changes in economic 
                output, employment, capital stock, and tax revenues 
                expected to result from enactment of the proposal; and
                    ``(ii) a statement from the Joint Committee on 
                Internal Revenue Taxation identifying the critical 
                assumptions and the source of data underlying that 
                estimate.''.
    (k) Personal Electronic Equipment on Floor.--In clause 5 of rule 
XVII, strike ``any personal'' and all that follows in the penultimate 
sentence and insert in lieu thereof ``a wireless telephone or personal 
computer on the floor of the House.''.
    (l) Accounting for Vacancies.--In clause 5 of rule XX, add after 
paragraph (b) the following new paragraph:
    ``(c) Upon the death, resignation, expulsion, disqualification, or 
removal of a Member, the whole number of the House shall be adjusted 
accordingly. The Speaker shall announce the adjustment to the House. 
Such an announcement shall not be subject to appeal. In the case of a 
death, the Speaker may lay before the House such documentation from 
Federal, State, or local officials as he deems pertinent.''.
    (m) Proceedings During Call of House.--In clause 6(c) of rule XX, 
strike ``the Speaker may entertain a motion that the House adjourn'' 
and insert in lieu thereof ``a motion that the House adjourn shall be 
in order''.
    (n) Five-Minute Voting in Series.--In rule XX, amend clause 9 to 
read as follows:
    ``9. The Speaker may reduce to five minutes the minimum time for 
electronic voting on any question arising without intervening business 
after an electronic vote on another question if notice of possible 
five-minute voting for a given series of votes was issued before the 
preceding electronic vote.''.
    (o) Certain tax or Tariff Provisions.--In clause 5(a) of rule XXI, 
designate the existing text as subparagraph (1) and add thereafter the 
following new subparagraph:
            ``(2) For purposes of paragraph (1), a tax or tariff 
        measure includes an amendment proposing a limitation on funds 
        in a general appropriation bill for the administration of a tax 
        or tariff.''.
    (p) Motions to Instruct During Conference.--In clause 7(c)(1) of 
rule XXII, strike ``20 calendar days'' and insert in lieu thereof ``20 
calendar days and 10 legislative days''.
    (q) Practice of Medicine.--In clause 2 of rule XXV, insert ``except 
for the practice of medicine'' after ``fiduciary relationship'' in both 
places it appears.
    (r) Gifts of Perishable Food.--In clause 5(a)(1)(B) of rule XXV, 
before the last sentence insert the following: ``The value of 
perishable food sent to an office shall be allocated among the 
individual recipients and not to the Member, Delegate, or Resident 
Commissioner.''.
    (s) Charity Travel.--In clause 5(a)(4)(C) of rule XXV, insert 
before the period the following:
    ``unless--
            ``(i) all of the net proceeds of the event are for the 
        benefit of an organization described in section 501(c)(3) of 
        the Internal Revenue Code of 1986 and exempt from taxation 
        under section 501(a) of such Code;
            ``(ii) reimbursement for the transportation and lodging in 
        connection with the event is paid by such organization; and
            ``(iii) the offer of free attendance at the event is made 
        by such organization''.
    (t) Public Debt-Limit Legislation.--Redesignate rule XXVII as rule 
XXVIII and insert after rule XXVI the following new rule:

                              ``RULE XXVII

                    ``Statutory Limit on Public Debt

    ``1. Upon adoption by Congress of a concurrent resolution on the 
budget under section 301 or 304 of the Congressional Budget Act of 1974 
that sets forth, as the appropriate level of the public debt for the 
period to which the concurrent resolution relates, an amount that is 
different from the amount of the statutory limit on the public debt 
that otherwise would be in effect for that period, the Clerk shall 
prepare an engrossment of a joint resolution increasing or decreasing, 
as the case may be, the statutory limit on the public debt in the form 
prescribed in clause 2. Upon engrossment of the joint resolution, the 
vote by which the concurrent resolution on the budget was finally 
agreed to in the House shall also be considered as a vote on passage of 
the joint resolution in the House, and the joint resolution shall be 
considered as passed by the House and duly certified and examined. The 
engrossed copy shall be signed by the Clerk and transmitted to the 
Senate for further legislative action.
    ``2. The matter after the resolving clause in a joint resolution 
described in clause 1 shall be as follows: `That subsection (b) of 
section 3101 of title 31, United States Code, is amended by striking 
out the dollar limitation contained in such subsection and inserting in 
lieu thereof ``$________''.', with the blank being filled with a dollar 
limitation equal to the appropriate level of the public debt set forth 
pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 
in the relevant concurrent resolution described in clause 1. If an 
adopted concurrent resolution under clause 1 sets forth different 
appropriate levels of the public debt for separate periods, only one 
engrossed joint resolution shall be prepared under clause 1; and the 
blank referred to in the preceding sentence shall be filled with the 
limitation that is to apply for each period.
    ``3. (a) The report of the Committee on the Budget on a concurrent 
resolution described in clause 1 and the joint explanatory statement of 
the managers on a conference report to accompany such a concurrent 
resolution each shall contain a clear statement of the effect the 
eventual enactment of a joint resolution engrossed under this rule 
would have on the statutory limit on the public debt.
    (b) It shall not be in order for the House to consider a concurrent 
resolution described in clause 1, or a conference report thereon, 
unless the report of the Committee on the Budget or the joint 
explanatory statement of the managers complies with paragraph (a).
    ``4. Nothing in this rule shall be construed as limiting or 
otherwise affecting--
            ``(a) the power of the House or the Senate to consider and 
        pass bills or joint resolutions, without regard to the 
        procedures under clause 1, that would change the statutory 
        limit on the public debt; or
            ``(b) the rights of Members, Delegates, the Resident 
        Commissioner, or committees with respect to the introduction, 
        consideration, and reporting of such bills or joint 
        resolutions.
    ``5. In this rule the term `statutory limit on the public debt' 
means the maximum face amount of obligations issued under authority of 
chapter 31 of title 31, United States Code, and obligations guaranteed 
as to principal and interest by the United States (except such 
guaranteed obligations as may be held by the Secretary of the 
Treasury), as determined under section 3101(b) of such title after the 
application of section 3101(a) of such title, that may be outstanding 
at any one time.''.
    (u) Technical and Codifying Changes.--
            (1) In clause 2(g) of rule II--
                    (A) strike ``do'' in each place it appears and 
                insert in lieu thereof ``perform''; and
                    (B) strike ``done'' and insert in lieu thereof 
                ``performed''.
            (2) In clause 1(g)(6) of rule X, strike ``organization'' 
        and insert in lieu thereof ``organizations''.
            (3) In clause 3(a)(1)(B) of rule XIII, strike ``or (4)''.
            (4) In clause 3 of rule XVIII, strike ``All bills'' and 
        insert in lieu thereof ``All public bills''.
            (5) In clause 2(a) of rule XX, strike ``9 or 10'' and 
        insert in lieu thereof ``8 or 9''.
            (6) In clause 8 of rule XX--
                    (A) amend paragraph (a)(1) to read as follows:
    ``(a)(1) When a recorded vote is ordered, or the yeas and nays are 
ordered, or a vote is objected to under clause 6--
            ``(A) on any of the questions specified in subparagraph 
        (2), the Speaker may postpone further proceedings to a 
        designated place in the legislative schedule within two 
        additional legislative days; and
            ``(B) on the question of agreeing to the Speaker's approval 
        of the Journal, the Speaker may postpone further proceedings to 
        a designated place in the legislative schedule on that 
        legislative day.''; and
                    (B) in paragraph (a)(2), strike ``the'' before 
                ``subparagraph (1)''.
            (7) In clause 8 of rule XX--
                    (A) in paragraph (b) strike ``in the order in which 
                it was considered''; and
                    (B) in paragraph (d) strike ``in the order in which 
                they were considered''.
            (8) In clause 1 of rule XXII, strike ``bill or resolution'' 
        in each place it appears and insert in lieu thereof 
        ``proposition''.
            (9) In clause 12(a)(2) of rule XXII, strike ``by a record 
        vote'' and insert in lieu thereof ``by the yeas and nays''.

SEC. 3. SEPARATE ORDERS.

    (a) Budget Matters.--
            (1) During the One Hundred Eighth Congress, references in 
        section 306 of the Congressional Budget Act of 1974 to a 
        resolution shall be construed in the House of Representatives 
        as references to a joint resolution.
            (2) During the One Hundred Eighth Congress, in the case of 
        a reported bill or joint resolution considered pursuant to a 
        special order of business, a point of order under section 303 
        of the Congressional Budget Act of 1974 shall be determined on 
        the basis of the text made in order as an original bill or 
        joint resolution for the purpose of amendment or to the text on 
        which the previous question is ordered directly to passage, as 
        the case may be.
            (3) During the One Hundred Eighth Congress, a provision in 
        a bill or joint resolution, or in an amendment thereto or a 
        conference report thereon, that establishes prospectively for a 
        Federal office or position a specified or minimum level of 
        compensation to be funded by annual discretionary 
        appropriations shall not be considered as providing new 
        entitlement authority within the meaning of the Congressional 
        Budget Act of 1974.
            (4)(A) During the One Hundred Eighth Congress, pending the 
        adoption of a concurrent resolution on the budget for fiscal 
        year 2003, the provisions of House Concurrent Resolution 353 of 
        the One Hundred Seventh Congress, as adopted by the House, 
        shall have force and effect in the House as though the One 
        Hundred Eighth Congress has adopted such a concurrent 
        resolution.
            (B) The chairman of the Committee on the Budget (when 
        elected) shall submit for printing in the Congressional 
        Record--
                    (i) the allocations contemplated by section 302(a) 
                of the Congressional Budget Act of 1974 to accompany 
                the concurrent resolution described in subparagraph 
                (A), which shall be considered to be such allocations 
                under a concurrent resolution on the budget;
                    (ii) ``Accounts Identified for Advance 
                Appropriations'', which shall be considered to be the 
                programs, projects, activities, or accounts referred to 
                section 301(b) of House Concurrent Resolution 353 of 
                the One Hundred Seventh Congress, as adopted by the 
                House; and
                    (iii) an estimated unified surplus, which shall be 
                considered to be the estimated unified surplus set 
                forth in the report of the Committee on the Budget 
                accompanying House Concurrent Resolution 353 of the One 
                Hundred Seventh Congress referred to in section 211 of 
                such concurrent resolution.
            (C) The allocation referred to in section 231(d) of House 
        Concurrent Resolution 353 of the One Hundred Seventh Congress, 
        as adopted by the House, shall be considered to be the 
        corresponding allocation among those submitted by the chairman 
        of the Committee on the Budget under subparagraph (B)(i).
    (b) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, 
during the One Hundred Eighth Congress--
            (1) the Committee on Armed Services may have not more than 
        six subcommittees;
            (2) the Committee on International Relations may have not 
        more than six subcommittees; and
            (3) the Committee on Transportation and Infrastructure may 
        have not more than six subcommittees.
    (c) Numbering of Bills.--In the One Hundred Eighth Congress, the 
first 10 numbers for bills (H.R. 1 through H.R. 10) shall be reserved 
for assignment by the Speaker to such bills as he may designate when 
introduced during the first session.
    (d) Motions to Suspend the Rules.--During the first session of the 
One Hundred Eighth Congress, the Speaker may entertain motions that the 
House suspend the rules on Wednesdays through the second Wednesday in 
April as though under clause 1 of rule XV.

SEC. 4. SELECT COMMITTEE ON HOMELAND SECURITY.

    (a) Establishment; Composition; Vacancies.--
            (1) Establishment.--During the One Hundred Eighth Congress, 
        there is established a Select Committee on Homeland Security.
            (2) Composition.--The select committee shall be composed of 
        Members appointed by the Speaker, including Members appointed 
        on the recommendation of the Minority Leader. The Speaker shall 
        designate one member as chairman. Service on the select 
        committee shall not count against the limitations on committee 
        service in clause 5(b)(2) of rule X.
            (3) Vacancies.--Any vacancies occurring in the membership 
        of the select committee shall be filled in the same manner as 
        the original appointment.
    (b) Jurisdiction; Functions.--
            (1) Legislative Jurisdiction.--The select committee may 
        develop recommendations and report to the House by bill or 
        otherwise on such matters that relate to the Homeland Security 
        Act of 2002 (Public Law 107-296) as may be referred to it by 
        the Speaker.
            (2) Oversight Function.--The select committee shall review 
        and study on a continuing basis laws, programs, and Government 
        activities relating to homeland security.
            (3) Rules Study.--The select committee is authorized and 
        directed to conduct a thorough and complete study of the 
        operation and implementation of the rules of the House, 
        including rule X, with respect to the issue of homeland 
        security. The select committee shall submit its recommendations 
        regarding any changes in the rules of the House to the 
        Committee on Rules not later than September 30, 2004.
    (c) Procedure.--The rules of the House applicable to the standing 
committees shall govern the select committee where not inconsistent 
with this section.
    (d) Funding.--To enable the select committee to carry out the 
purposes of this resolution, the select committee may use the services 
of staff of the House.
    (e) Disposition of Records.--Upon dissolution of the select 
committee, the records of the select committee shall become the records 
of any committee designated by the Speaker.
                                 <all>