[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Engrossed in House (EH)]
In the House of Representatives, U.S.,
January 4, 2005.
Resolved, That the Rules of the House of Representatives of the One Hundred
Eighth Congress, including applicable provisions of law or concurrent resolution
that constituted rules of the House at the end of the One Hundred Eighth
Congress, are adopted as the Rules of the House of Representatives of the One
Hundred Ninth Congress, with amendments to the standing rules as provided in
section 2 and with other orders as provided in section 3.
SEC. 2. CHANGES IN STANDING RULES.
(a) Committee on Homeland Security.--
(1) In clause 1 of rule X, insert after paragraph (h) the following
new paragraph (and redesignate the succeeding paragraphs accordingly):
``(i) Committee on Homeland Security.
``(1) Overall homeland security policy.
``(2) Organization and administration of the
Department of Homeland Security.
``(3) Functions of the Department of Homeland
Security relating to the following:
``(A) Border and port security (except
immigration policy and non-border enforcement).
``(B) Customs (except customs revenue).
``(C) Integration, analysis, and
dissemination of homeland security information.
``(D) Domestic preparedness for and
collective response to terrorism.
``(E) Research and development.
``(F) Transportation security.''.
(2) In clause 1(l) (as redesignated) of rule X--
(A) insert after subparagraph (6) the following new
subparagraph-(and redesignate the succeeding subparagraphs
accordingly):
``(7) Criminal law enforcement.''; and
(B) amend subparagraph (9) (as redesignated) to read as
follows:
``(9) Immigration policy and non-border
enforcement.''.
(3) In clause 1(r) (as redesignated) of rule X--
(A) in subparagraph (18) insert before the period ``(except
the Transportation Security Administration)''; and
(B) in subparagraph (20) after ``automobile safety'' insert
``and transportation security functions of the Department of
Homeland Security''.
(4) In clause 1(t)(1) (as redesignated) of rule X, strike
``Customs'' and insert ``Customs revenue''.
(5) In clause 3 of rule X, insert after paragraph (e) the following
new paragraph (and redesignate the succeeding paragraphs accordingly):
``(f) The Committee on Homeland Security shall review and
study on a continuing basis all Government activities relating
to homeland security, including the interaction of all
departments and agencies with the Department of Homeland
Security.''.
(6) In clause 10 of rule I, strike ``1(i)(1)'' and insert
``1(j)(1)''.
(7) In clause 1(j)(4) (as redesignated) of rule X, strike
``(q)(11)'' and insert ``(r)(11)''.
(8) In clause 1(j)(5) (as redesignated) of rule X, strike
``(q)(11)'' and insert ``(r)(11)''.
(9) In clause 9(f) of rule X, strike ``1(i)(1)'' and insert
``1(j)(1)''.
(10) In clause 1(c) of rule XI, strike ``1(i)(1)'' and insert
``1(j)(1)''.
(11) In clause 4(a)(2)(B) of rule XIII, strike ``1(i)(1)'' and
insert ``1(j)(1)''.
(12) In clause 5(a)(3) of rule XIII, strike ``1(i)(1)'' and insert
``1(j)(1)''.
(13) In clause 10 of rule XXIV, strike ``1(i)(1)'' and insert
``1(j)(1)''.
(b) Committee Oversight Responsibilities.--In clause 2(d)(1) of rule X--
(1) in subdivision (C), strike ``and'';
(2) in subdivision (D), strike the period and insert ``; and''; and
(3) add at the end the following new subdivision:
``(E) have a view toward insuring against duplication of
Federal programs.''.
(c) Membership of Committees.--
(1) In clause 5(a)(2) of rule X--
(A) amend subdivisions (A)(ii) and (A)(iii) to read as
follows:
``(ii) one Member designated by the elected
leadership of the majority party; and
``(iii) one Member designated by the elected
leadership of the minority party.''; and
(B) amend subdivision (B) by striking ``one from the elected
leadership of a party'' and inserting ``one described in
subdivision (A)(ii) or (A)(iii)''.
(2) In clause 5(c)(2) of rule X, strike ``A member'' and insert
``Except in the case of the Committee on Rules, a member''.
(d) Committee Authorities.--
(1) In clause 1 of rule XI, amend paragraph (a) to read as follows:
``(a)(1)(A) The Rules of the House are the rules of its committees
and subcommittees so far as applicable.
``(B) Each subcommittee is a part of its committee and is subject to
the authority and direction of that committee and to its rules, so far
as applicable.
``(2)(A) In a committee or subcommittee--
``(i) a motion to recess from day to day, or to recess
subject to the call of the Chair (within 24 hours), shall be
privileged; and
``(ii) a motion to dispense with the first reading (in full)
of a bill or resolution shall be privileged if printed copies
are available.
``(B) A motion accorded privilege under this subparagraph shall be
decided without debate.''.
(2) In clause 2(a) of rule XI, add at the end the following new
subparagraph:
``(3) A committee may adopt a rule providing that the chairman be
directed to offer a motion under clause 1 of rule XXII whenever the
chairman considers it appropriate.''.
(e) Motions to Suspend the Rules.--In clause 1 of rule XV--
(1) amend the caption to read: ``Suspensions''; and
(2) in paragraph (a) amend the second sentence to read as follows:
``The Speaker may not entertain a motion that the House suspend the
rules except on Mondays, Tuesdays, and Wednesdays and during the last
six days of a session of Congress.''.
(f) Repeal of Corrections Calendar.--
(1) In rule XV, strike clause 6 (and redesignate the succeeding
clause accordingly).
(2) In clause 1 of rule XIII, strike paragraph (b) (and redesignate
the succeeding paragraph accordingly).
(3) In clause 4(a)(2) of rule XIII, strike subdivision (C) (and
redesignate succeeding subdivisions accordingly).
(4) In clause 6(c)(1) of rule XIII, strike ``clause 7'' and insert
``clause 6''.
(5) In clause 2(a) of rule XVIII, strike ``clause 7'' and insert
``clause 6''.
(6) In clause 8(a)(2) of rule XX--
(A) strike subdivisions (E) and (G) (and redesignate
succeeding subdivisions accordingly); and
(B) amend subdivision (E) (as redesignated) by striking
``(D), or (E)'' and inserting ``or (D)''.
(g) References in Debate to the Senate.--In clause 1 of rule XVII, amend
paragraph (b) to read as follows:
``(b) Remarks in debate (which may include references to the Senate
or its Members) shall be confined to the question under debate, avoiding
personality.''.
(h) Provisional Quorum.--In clause 5 of rule XX, redesignate paragraph (c)
as paragraph (d) and insert after paragraph (b) the following new paragraph:
``(c)(1) If the House should be without a quorum due to catastrophic
circumstances, then--
``(A) until there appear in the House a sufficient number of
Representatives to constitute a quorum among the whole number of
the House, a quorum in the House shall be determined based upon
the provisional number of the House; and
``(B) the provisional number of the House, as of the close
of the call of the House described in subparagraph (3)(C), shall
be the number of Representatives responding to that call of the
House.
``(2) If a Representative counted in determining the provisional
number of the House thereafter ceases to be a Representative, or if a
Representative not counted in determining the provisional number of the
House thereafter appears in the House, the provisional number of the
House shall be adjusted accordingly.
``(3) For the purposes of subparagraph (1), the House shall be
considered to be without a quorum due to catastrophic circumstances if,
after a motion under clause 5(a) of rule XX has been disposed of and
without intervening adjournment, each of the following occurs in the
stated sequence:
``(A) A call of the House (or a series of calls of the
House) is closed after aggregating a period in excess of 72
hours (excluding time the House is in recess) without producing
a quorum.
``(B) The Speaker--
``(i) with the Majority Leader and the Minority
Leader, receives from the Sergeant-at-Arms (or his
designee) a catastrophic quorum failure report, as
described in subparagraph (4);
``(ii) consults with the Majority Leader and the
Minority Leader on the content of that report; and
``(iii) announces the content of that report to the
House.
``(C) A further call of the House (or a series of calls of
the House) is closed after aggregating a period in excess of 24
hours (excluding time the House is in recess) without producing
a quorum.
``(4)(A) For purposes of subparagraph (3), a catastrophic quorum
failure report is a report advising that the inability of the House to
establish a quorum is attributable to catastrophic circumstances
involving natural disaster, attack, contagion, or similar calamity
rendering Representatives incapable of attending the proceedings of the
House.
``(B) Such report shall specify the following:
``(i) The number of vacancies in the House and the names of
former Representatives whose seats are vacant.
``(ii) The names of Representatives considered
incapacitated.
``(iii) The names of Representatives not incapacitated but
otherwise incapable of attending the proceedings of the House.
``(iv) The names of Representatives unaccounted for.-
``(C) Such report shall be prepared on the basis of the most
authoritative information available after consultation with the
Attending Physician to the Congress and the Clerk (or their respective
designees) and pertinent public health and law enforcement officials.
``(D) Such report shall be updated every legislative day for the
duration of any proceedings under or in reliance on this paragraph. The
Speaker shall make such updates available to the House.
``(5) An announcement by the Speaker under subparagraph (3)(B)(iii)
shall not be subject to appeal.
``(6) Subparagraph (1) does not apply to a proposal to create a
vacancy in the representation from any State in respect of a
Representative not incapacitated but otherwise incapable of attending
the proceedings of the House.
``(7) For purposes of this paragraph:
``(A) The term `provisional number of the House' means the
number of Representatives upon which a quorum will be computed
in the House until Representatives sufficient in number to
constitute a quorum among the whole number of the House appear
in the House.
``(B) The term `whole number of the House' means the number
of Representatives chosen, sworn, and living whose membership in
the House has not been terminated by resignation or by the
action of the House.''.
(i) Postponement of Certain Votes.--In clause 8(a)(2) of rule XX, add at the
end the following new subdivisions:
``(G) The question of agreeing to a motion to reconsider or the
question of agreeing to a motion to lay on the table a motion to
reconsider.
``(H) The question of agreeing to an amendment reported from the
Committee of the Whole.''.
(j) Official Conduct.--
(1) In rule XXIV, amend clause 1 to read as follows:
``1. (a) Except as provided in paragraph (b), a Member, Delegate, or
Resident Commissioner may not maintain, or have maintained for his use,
an unofficial office account. Funds may not be paid into an unofficial
office account.
``(b)(1) Except as provided in subparagraph (2), a Member, Delegate,
or Resident Commission may defray official expenses with funds of his
principal campaign committee under the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.).
``(2) The funds specified in subparagraph (1) may not be used to
defray official expenses for mail or other communications, compensation
for services, office space, furniture, or equipment, and any associated
information technology services (excluding handheld communications
devices).''.
(2) In clause 6 of rule XXIII, amend paragraph (c) to read as
follows:
``(c) except as provided in clause 1(b) of rule XXIV, may
not expend funds from his campaign account that are not
attributable to bona fide campaign or political purposes.''.
(3) In clause 8 of rule XXIV, strike ``60 days'' and insert ``90
days''.
(4) In clause 5(b)(4)(D) of rule XXV, strike ``either the spouse or
a child of the Member, Delegate, Resident Commissioner, officer, or
employee'' and insert ``a relative of the Member, Delegate, Resident
Commissioner, officer, or employee''.
(k) Procedures of the Committee on Standards of Official Conduct.--
(1) Due process.--In clause 3 of rule XI--
(A) in paragraph (k), add at the end the following new
subparagraphs:
``(3) The committee shall adopt rules providing that
before a letter described in subparagraph (1)(A) is
issued, the committee shall transmit written
notification to the Member, officer, or employee of the
House against whom the complaint is made of the right of
such person to review the contents of the letter. Such
person shall have seven calendar days after receipt of
such notification in which either to accept the letter
(in which case the committee may issue the letter), to
contest the letter by submitting views in writing (which
shall be appended to the letter when issued and made
part of the record), or to contest the letter by
requesting in writing that the committee establish an
adjudicatory subcommittee as if the letter constituted
an adopted statement of alleged violation (in which case
the committee shall establish an adjudicatory
subcommittee and shall not issue the letter).
``(4) The committee shall adopt rules providing
that, if a letter described in subparagraph (1)(A)
references the official conduct of a Member other than
one against whom the complaint is made, the committee
shall transmit written notification to such Member of
the right of such Member to review the contents of the
letter. Such Member shall have seven calendar days after
receipt of notification in which either to submit views
in writing (which shall be made part of the record and
appended to the letter, if issued), or to request in
writing that the committee establish an adjudicatory
subcommittee as if the letter constituted an adopted
statement of alleged violation (in which case the
committee shall establish an adjudicatory
subcommittee).'';
(B) in paragraph (p), insert after subparagraph (5) the
following new subparagraphs (and redesignate succeeding
subparagraphs accordingly):
``(6) whenever notification of the committee's
decision either to dismiss a complaint or to create an
investigative subcommittee is transmitted to a
respondent, such respondent shall have seven calendar
days after receipt of such notification in which to
submit views in writing, which shall be appended to the
notification and made part of the record;
``(7) whenever notification of the committee's
decision either to dismiss a complaint or to create an
investigative subcommittee is transmitted to a
respondent and the notification references the official
conduct of a Member other than the respondent, the
committee also shall send the notification to such
Member, who shall have seven calendar days after receipt
of such notification in which either to submit views in
writing (which shall be appended to the notification and
made part of the record), or to request in writing that
the committee establish an adjudicatory subcommittee as
if the notification constituted an adopted statement of
alleged violation (in which case the committee shall
establish an adjudicatory subcommittee);''; and
(C) in paragraph (q)--
(i) amend subparagraph (1) to read as follows:
``(1) Whenever an investigative subcommittee does
not adopt a statement of alleged violation--
``(A) it shall transmit a report to that
effect to the respondent, who shall have seven
calendar days after receipt of such report to
submit views in writing, which shall be appended
to the report and made part of the record;
``(B) it shall thereafter transmit the
report (together with views received under
subparagraph (2), if any) to the committee; and
``(C) the committee may by an affirmative
vote of a majority of its members transmit such
report to the House;'' and
(ii) insert after subparagraph (1) the following new
subparagraph (and redesignate succeeding subparagraphs
accordingly):
``(2) whenever an investigative subcommittee does
not adopt a statement of alleged violation and prepares
a report to that effect, and such report alleges that a
Member (other than one who is the subject of the
statement of alleged violation) has or may have violated
the Code of Official Conduct--
``(A) the subcommittee shall transmit a copy
of the report to such Member; and
``(B) such Member shall have seven calendar
days after receipt of the report (after which
the report shall be transmitted to the committee
and handled in the manner prescribed in
subparagraph (1)) to--
``(i) submit views in writing, which
shall be appended to the report and made
part of the record; or
``(ii) request in writing that the
committee establish an adjudicatory
subcommittee as if the allegations in
the report constituted an adopted
statement of alleged violation, in which
case the committee shall establish an
adjudicatory subcommittee;''.
(2) Dismissal of complaints.--In clause 3 of rule XI--
(A) in paragraph (b), strike the undesignated text following
subparagraph (2)(B);
(B) in paragraph (k)(1)(B), insert after ``subcommittee''
the following: ``(unless, at any time during the applicable
periods of time under this subparagraph, either the chairman or
ranking minority member has placed on the agenda the issue of
whether to establish an investigative subcommittee, in which
case an investigative subcommittee may be established only by an
affirmative vote of a majority of the members of the
committee)''; and
(C) in paragraph (k)(2), strike ``then they shall
establish'' and all that follows and insert ``and an
investigative subcommittee has not been established, then such
complaint shall be dismissed.''.
(3) Choice of counsel by respondents and witnesses.--In clause 3(p)
of rule XI--
(A) amend the caption to read ``Due process rights of
respondents and witnesses'';
(B) amend subparagraph 9 (as redesignated) by striking
``and'' after the semicolon;
(C) amend subparagraph 10 (as redesignated) by striking the
period and inserting a semicolon; and
(D) add at the end the following new subparagraphs:
``(11) a respondent shall be informed of the right
to be represented by counsel of his or her choice (even
if such counsel represents another respondent or a
witness), to be provided at his or her own expense; and
``(12) a witness shall be afforded a reasonable
period of time, as determined by the committee or
subcommittee, to prepare for an appearance before an
investigative subcommittee or for an adjudicatory
hearing and to obtain counsel of his or her choice (even
if such counsel represents a respondent or another
witness).''.
(l) Technical and Codifying Changes.--
(1) In clause 1(s) (as redesignated) of rule X--
(A) in subparagraph (6), strike ``servicemen'' and insert
``servicemembers''; and
(B) in subparagraph (7), strike ``Soldiers' and sailors'''
and insert ``Servicemembers'''.
(2) In clause 5(b)(2)(B)(iii) of rule X strike ``must'' and insert
``may''.
(3) In clause 3(a)(2) of rule XIII, after ``clause 4'' insert ``or
clause 6''.
(4) In clause 6 (as redesignated) of rule XV--
(A) in paragraph (e) strike ``rule'' and insert ``clause'';
and
(B) in paragraph (f) strike ``for a recess'' and insert
``that the Speaker be authorized to declare a recess''.
(5) In clause 5(b) of rule XX, strike ``a majority of those
present'' and insert ``a majority described in paragraph (a)''.
(6) In clause 5(d) (as redesignated) of rule XX, strike ``or
removal'' and insert ``removal, or swearing''.
(7) In the second sentence of clause 2(f) of rule XXI, strike ``is
not subject'' and insert ``are not subject''.
(8) In clause 7(c) of rule XXII, amend subparagraph (3) to read as
follows:
``(3) During the last six days of a session of Congress, a
motion under subparagraph (1) shall be privileged after a
conference committee has been appointed for 36 hours without
making a report and the motion meets the notice requirement in
subparagraph (1).''.
SEC. 3. SEPARATE ORDERS.
(a) Budget Matters.--
(1) During the One Hundred Ninth 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 Ninth 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 Ninth 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 under section 401 of the Congressional Budget Act
of 1974.
(4)(A) During the One Hundred Ninth Congress, until a concurrent
resolution on the budget for fiscal year 2005 is adopted by the
Congress, the provisions of the conference report to accompany Senate
Concurrent Resolution 95 of the One Hundred Eighth Congress shall have
force and effect in the House as though the One Hundred Ninth Congress
has adopted such conference report.
(B) The allocations of spending authority included in the conference
report, as adjusted during the 108th Congress, shall be considered the
allocations contemplated by section 302(a) of the Congressional Budget
Act of 1974.
(b) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, during
the One Hundred Ninth 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
seven subcommittees; and
(3) the Committee on Transportation and Infrastructure may have not
more than six subcommittees.
(c) Numbering of Bills.--In the One Hundred Ninth 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.
Attest:
Clerk.