[Congressional Record Volume 145, Number 1 (Wednesday, January 6, 1999)]
[House]
[Pages H6-H205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RULES OF THE HOUSE
Mr. ARMEY. Mr. Speaker, by direction of the House Republican
Conference, I call up a privileged resolution (H. Res. 5) and ask for
its immediate consideration.
The Clerk read the resolution, as follows:
[[Page H7]]
H. Res. 5
Resolved, That the Rules of the House of Representatives of
the One Hundred Fifth Congress, including applicable
provisions of law or concurrent resolution that constituted
rules of the House at the end of the One Hundred Fifth
Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Sixth Congress, with
amendments to the standing rules, and with other orders, as
follows:
SECTION 1. CHANGES IN STANDING RULES.
Amend the standing rules to read as follows:
RULES OF THE HOUSE OF REPRESENTATIVES
RULE I.
The Speaker.
Approval of the Journal
1. The Speaker shall take the Chair on every legislative
day precisely at the hour to which the House last adjourned
and immediately call the House to order. Having examined and
approved the Journal of the last day's proceedings, the
Speaker shall announce to the House his approval thereof. The
Speaker's approval of the Journal shall be deemed agreed to
unless a Member, Delegate, or Resident Commissioner demands a
vote thereon. If such a vote is decided in the affirmative,
it shall not be subject to a motion to reconsider. If such a
vote is decided in the negative, then one motion that the
Journal be read shall be privileged, shall be decided without
debate, and shall not be subject to a motion to reconsider.
Preservation of order
2. The Speaker shall preserve order and decorum and, in
case of disturbance or disorderly conduct in the galleries or
in the lobby, may cause the same to be cleared.
Control of Capitol facilities
3. Except as otherwise provided by rule or law, the Speaker
shall have general control of the Hall of the House, the
corridors and passages in the part of the Capitol assigned to
the use of the House, and the disposal of unappropriated
rooms in that part of the Capitol.
Signature of documents
4. The Speaker shall sign all acts and joint resolutions
passed by the two Houses and all writs, warrants, and
subpoenas of, or issued by order of, the House. The Speaker
may sign enrolled bills and joint resolutions whether or not
the House is in session.
Questions of order
5. The Speaker shall decide all questions of order, subject
to appeal by a Member, Delegate, or Resident Commissioner. On
such an appeal a Member, Delegate, or Resident Commissioner
may not speak more than once without permission of the House.
Form of a question
6. The Speaker shall rise to put a question but may state
it sitting. The Speaker shall put a question in this form:
``Those in favor (of the question), say `Aye.' ''; and after
the affirmative voice is expressed, ``Those opposed, say
`No.' ''. After a vote by voice under this clause, the
Speaker may use such voting procedures as may be invoked
under rule XX.
Discretion to vote
7. The Speaker is not required to vote in ordinary
legislative proceedings, except when his vote would be
decisive or when the House is engaged in voting by ballot.
Speaker pro tempore
8. (a) The Speaker may appoint a Member to perform the
duties of the Chair. Except as specified in paragraph (b),
such an appointment may not extend beyond three legislative
days.
(b)(1) In the case of his illness, the Speaker may appoint
a Member to perform the duties of the Chair for a period not
exceeding 10 days, subject to the approval of the House. If
the Speaker is absent and has omitted to make such an
appointment, then the House shall elect a Speaker pro tempore
to act during the absence of the Speaker.
(2) With the approval of the House, the Speaker may appoint
a Member to act as Speaker pro tempore only to sign enrolled
bills and joint resolutions for a specified period of time.
Term limit
9. A person may not serve as Speaker for more than four
consecutive Congresses (disregarding for this purpose any
service for less than a full session in any Congress).
Designation of travel
10. The Speaker may designate a Member, Delegate, Resident
Commissioner, officer, or employee of the House to travel on
the business of the House within or without the United
States, whether the House is meeting, has recessed, or has
adjourned. Expenses for such travel may be paid from
applicable accounts of the House described in clause 1(i)(1)
of rule X on vouchers approved and signed solely by the
Speaker.
Committee appointment
11. The Speaker shall appoint all select, joint, and
conference committees ordered by the House. At any time after
an original appointment, the Speaker may remove Members,
Delegates, or the Resident Commissioner from, or appoint
additional Members, Delegates, or the Resident Commissioner
to, a select or conference committee. In appointing Members,
Delegates, or the Resident Commissioner to conference
committees, the Speaker shall appoint no less than a majority
who generally supported the House position as determined by
the Speaker, shall name those who are primarily responsible
for the legislation, and shall, to the fullest extent
feasible, include the principal proponents of the major
provisions of the bill or resolution passed or adopted by the
House.
Declaration of recess
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.
Other responsibilities
13. The Speaker, in consultation with the Minority Leader,
shall develop through an appropriate entity of the House a
system for drug testing in the House. The system may provide
for the testing of a Member, Delegate, Resident Commissioner,
officer, or employee of the House, and otherwise shall be
comparable in scope to the system for drug testing in the
executive branch pursuant to Executive Order 12564 (Sept. 15,
1986). The expenses of the system may be paid from applicable
accounts of the House for official expenses.
RULE II.
Other Officers and Officials.
Elections
1. There shall be elected at the commencement of each
Congress, to continue in office until their successors are
chosen and qualified, a Clerk, a Sergeant-at-Arms, a Chief
Administrative Officer, and a Chaplain. Each of these
officers shall take an oath to support the Constitution of
the United States, and for the true and faithful exercise of
the duties of his office to the best of his knowledge and
ability, and to keep the secrets of the House. Each of these
officers shall appoint all of the employees of his department
provided for by law. The Clerk, Sergeant-at-Arms, and Chief
Administrative Officer may be removed by the House or by the
Speaker.
Clerk
2. (a) At the commencement of the first session of each
Congress, the Clerk shall call the Members, Delegates, and
Resident Commissioner to order and proceed to record their
presence by States in alphabetical order, either by call of
the roll or by use of the electronic voting system. Pending
the election of a Speaker or Speaker pro tempore, the Clerk
shall preserve order and decorum and decide all questions of
order, subject to appeal by a Member, Delegate, or Resident
Commissioner.
(b) At the commencement of every regular session of
Congress, the Clerk shall make and cause to be printed and
delivered to each Member, Delegate, and the Resident
Commissioner a list of the reports that any officer or
Department is required to make to Congress, citing the law or
resolution in which the requirement may be contained and
placing under the name of each officer the list of reports he
is required to make.
(c) The Clerk shall--
(1) note all questions of order, with the decisions
thereon, the record of which shall be appended to the Journal
of each session;
(2) enter on the Journal the hour at which the House
adjourns;
(3) complete the printing and distribution of the Journal
to Members, Delegates, and the Resident Commissioner,
together with an accurate and complete index, as soon as
possible after the close of a session; and
(4) send a printed copy of the Journal to the executive of
and to each branch of the legislature of every State as may
be requested by such State officials.
(d) The Clerk shall attest and affix the seal of the House
to all writs, warrants, and subpoenas issued by order of the
House and certify the passage of all bills and joint
resolutions.
(e) The Clerk shall cause the calendars of the House to be
printed and distributed each legislative day.
(f) The Clerk shall--
(1) retain in the library at the Office of the Clerk for
the use of the Members, Delegates, Resident Commissioner, and
officers of the House, and not to be withdrawn therefrom, two
copies of all the books and printed documents deposited
there; and
(2) deliver or mail to any Member, Delegate, or the
Resident Commissioner an extra copy, in binding of good
quality, of each document requested by that Member, Delegate,
or Resident Commissioner that has been printed by order of
either House of Congress in any Congress in which the Member,
Delegate, or Resident Commissioner served.
(g) The Clerk shall provide for his temporary absence or
disability by designating an official in the Office of the
Clerk to sign all papers that may require the official
signature of the Clerk and to do all other official acts that
the Clerk may be required to do under the rules and practices
of the House, except such official acts as are provided for
by statute. Official acts done by the designated official
shall be under the name of the Clerk. The designation shall
be in writing and shall be laid before the House and entered
on the Journal.
(h) The Clerk may receive messages from the President and
from the Senate at any time when the House is not in session.
(i)(1) The Clerk shall supervise the staff and manage the
office of a Member, Delegate, or Resident Commissioner who
has died, resigned, or been expelled until a successor is
elected. The Clerk shall perform similar duties in the event
that a vacancy is declared by the House in any congressional
[[Page H8]]
district because of the incapacity of the person representing
such district or other reason. Whenever the Clerk is acting
as a supervisory authority over such staff, he shall have
authority to terminate employees and, with the approval of
the Committee on House Administration, may appoint such staff
as is required to operate the office until a successor is
elected.
(2) For 60 days following the death of a former Speaker,
the Clerk shall maintain on the House payroll, and shall
supervise in the same manner, staff appointed under House
Resolution 1238, Ninety-first Congress (as enacted into
permanent law by chapter VIII of the Supplemental
Appropriations Act, 1971) (2 U.S.C. 31b-5).
(j) In addition to any other reports required by the
Speaker or the Committee on House Administration, the Clerk
shall report to the Committee on House Administration not
later than 45 days following the close of each semiannual
period ending on June 30 or on December 31 on the financial
and operational status of each function under the
jurisdiction of the Clerk. Each report shall include
financial statements and a description or explanation of
current operations, the implementation of new policies and
procedures, and future plans for each function.
(k) The Clerk shall fully cooperate with the appropriate
offices and persons in the performance of reviews and audits
of financial records and administrative operations.
Sergeant-at-Arms
3. (a) The Sergeant-at-Arms shall attend the House during
its sittings and maintain order under the direction of the
Speaker or other presiding officer. The Sergeant-at-Arms
shall execute the commands of the House, and all processes
issued by authority thereof, directed to him by the Speaker.
(b) The symbol of the office of the Sergeant-at-Arms shall
be the mace, which shall be borne by him while enforcing
order on the floor.
(c) The Sergeant-at-Arms shall enforce strictly the rules
relating to the privileges of the Hall of the House and be
responsible to the House for the official conduct of his
employees.
(d) The Sergeant-at-Arms may not allow a person to enter
the room over the Hall of the House during its sittings; and
from 15 minutes before the hour of the meeting of the House
each day until 10 minutes after adjournment, he shall see
that the floor is cleared of all persons except those
privileged to remain.
(e) In addition to any other reports required by the
Speaker or the Committee on House Administration, the
Sergeant-at-Arms shall report to the Committee on House
Administration not later than 45 days following the close of
each semiannual period ending on June 30 or on December 31 on
the financial and operational status of each function under
the jurisdiction of the Sergeant-at-Arms. Each report shall
include financial statements and a description or explanation
of current operations, the implementation of new policies and
procedures, and future plans for each function.
(f) The Sergeant-at-Arms shall fully cooperate with the
appropriate offices and persons in the performance of reviews
and audits of financial records and administrative
operations.
Chief Administrative Officer
4. (a) The Chief Administrative Officer shall have
operational and financial responsibility for functions as
assigned by the Committee on House Administration and shall
be subject to the policy direction and oversight of the
Committee on House Administration.
(b) In addition to any other reports required by the
Committee on House Administration, the Chief Administrative
Officer shall report to the Committee on House Administration
not later than 45 days following the close of each semiannual
period ending on June 30 or December 31 on the financial and
operational status of each function under the jurisdiction of
the Chief Administrative Officer. Each report shall include
financial statements and a description or explanation of
current operations, the implementation of new policies and
procedures, and future plans for each function.
(c) The Chief Administrative Officer shall fully cooperate
with the appropriate offices and persons in the performance
of reviews and audits of financial records and administrative
operations.
Chaplain
5. The Chaplain shall offer a prayer at the commencement of
each day's sitting of the House.
Office of Inspector General
6. (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 only--
(1) conduct periodic audits of the financial and
administrative functions of the House and of joint entities;
(2) inform the officers or other officials who are the
subject of an audit of the results of that audit and
suggesting appropriate curative actions;
(3) simultaneously notify the Speaker, the Majority Leader,
the Minority Leader, and the chairman and ranking minority
member of the Committee on House Administration in the case
of any financial irregularity discovered in the course of
carrying out responsibilities under this clause;
(4) simultaneously submit to the Speaker, the Majority
Leader, the Minority Leader, and the chairman and ranking
minority member of the Committee on House Administration a
report of each audit conducted under this clause; and
(5) report to the Committee on Standards of Official
Conduct information involving possible violations by a
Member, Delegate, Resident Commissioner, officer, or employee
of the House of any rule of the House or of any law
applicable to the performance of official duties or the
discharge of official responsibilities that may require
referral to the appropriate Federal or State authorities
under clause 3(a)(3) of rule XI.
Office of the Historian
7. There is established an Office of the Historian of the
House of Representatives. The Speaker shall appoint and set
the annual rate of pay for employees of the Office of the
Historian.
Office of General Counsel
8. There is established an 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.
RULE III.
The Members, Delegates, and Resident Commissioner of Puerto Rico.
Voting
1. Every Member shall be present within the Hall of the
House during its sittings, unless excused or necessarily
prevented, and shall vote on each question put, unless he has
a direct personal or pecuniary interest in the event of such
question.
2. (a) A Member may not authorize any other person to cast
his vote or record his presence in the House or the Committee
of the Whole House on the state of the Union.
(b) No other person may cast a Member's vote or record a
Member's presence in the House or the Committee of the Whole
House on the state of the Union.
Delegates and the Resident Commissioner
3. (a) Each Delegate and the Resident Commissioner 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 of the
committee.
(b) The Delegates and the Resident Commissioner may be
appointed to any select committee and to any conference
committee.
RULE IV.
The Hall of the House.
Use and admittance
1. The Hall of the House shall be used only for the
legislative business of the House and for caucus and
conference meetings of its Members, except when the House
agrees to take part in any ceremonies to be observed therein.
The Speaker may not entertain a motion for the suspension of
this clause.
2. (a) Only the following persons shall be admitted to the
Hall of the House or rooms leading thereto:
(1) Members of Congress, Members-elect, and contestants in
election cases during the pendency of their cases on the
floor.
(2) The Delegates and the Resident Commissioner.
(3) The President and Vice President of the United States
and their private secretaries.
(4) Justices of the Supreme Court.
(5) Elected officers and minority employees nominated as
elected officers of the House.
(6) The Parliamentarian.
(7) Staff of committees when business from their committee
is under consideration.
(8) Not more than one person from the staff of a Member,
Delegate, or Resident Commissioner when that Member,
Delegate, or Resident Commissioner has an amendment under
consideration (subject to clause 5).
(9) The Architect of the Capitol.
(10) The Librarian of Congress and the assistant in charge
of the Law Library.
(11) The Secretary and Sergeant-at-Arms of the Senate.
(12) Heads of departments.
(13) Foreign ministers.
(14) Governors of States.
(15) Former Members, Delegates, and Resident Commissioners;
former Parliamentarians of the House; and former elected
officers and minority employees nominated as elected officers
of the House (subject to clause 4).
(16) One attorney to accompany a Member, Delegate, or
Resident Commissioner who is the respondent in an
investigation undertaken by the Committee on Standards of
Official Conduct when a recommendation of that committee is
under consideration in the House.
(17) Such persons as have, by name, received the thanks of
Congress.
(b) The Speaker may not entertain a unanimous consent
request or a motion to suspend this clause.
3. (a) Except as provided in paragraph (b), all persons not
entitled to the privilege of the floor during the session
shall be excluded at all times from the Hall of the House and
the cloakrooms.
(b) Until 15 minutes of the hour of the meeting of the
House, persons employed in
[[Page H9]]
its service, accredited members of the press entitled to
admission to the press gallery, and other persons on request
of a Member, Delegate, or Resident Commissioner by card or in
writing, may be admitted to the Hall of the House.
4. (a) Former Members, Delegates, and Resident
Commissioners; former Parliamentarians of the House; and
former elected officers and minority employees nominated as
elected officers of the House shall be entitled to the
privilege of admission to the Hall of the House and rooms
leading thereto only if--
(1) they do not have any direct personal or pecuniary
interest in any legislative measure pending before the House
or reported by a committee; and
(2) they are not in the employ of, or do not represent, any
party or organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or amendment of
any legislative measure pending before the House, reported by
a committee, or under consideration in any of its committees
or subcommittees.
(b) The Speaker shall promulgate such regulations as may be
necessary to implement this rule and to ensure its
enforcement.
5. A person from the staff of a Member, Delegate, or
Resident Commissioner may be admitted to the Hall of the
House or rooms leading thereto under clause 2 only upon prior
notice to the Speaker. Such persons, and persons from the
staff of committees admitted under clause 2, may not engage
in efforts in the Hall of the House or rooms leading thereto
to influence Members with regard to the legislation being
amended. Such persons shall remain at the desk and are
admitted only to advise the Member, Delegate, Resident
Commissioner, or committee responsible for their admission. A
person who violates this clause may be excluded during the
session from the Hall of the House and rooms leading thereto
by the Speaker.
Gallery
6. (a) The Speaker shall set aside a portion of the west
gallery for the use of the President, the members of the
Cabinet, justices of the Supreme Court, foreign ministers and
suites, and the members of their respective families. The
Speaker shall set aside another portion of the same gallery
for the accommodation of persons to be admitted on the cards
of Members, Delegates, or the Resident Commissioner.
(b) The Speaker shall set aside the southerly half of the
east gallery for the use of the families of Members of
Congress. The Speaker shall control one bench. On the request
of a Member, Delegate, Resident Commissioner, or Senator, the
Speaker shall issue a card of admission to his family, which
may include their visitors. No other person shall be admitted
to this section.
Prohibition on campaign contributions
7. A Member, Delegate, Resident Commissioner, officer, or
employee of the House, or any other person entitled to
admission to the Hall of the House or rooms leading thereto
by this rule, may not knowingly distribute a political
campaign contribution in the Hall of the House or rooms
leading thereto.
RULE V.
Broadcasting the House.
1. The Speaker shall administer a system subject to his
direction and control for closed-circuit viewing of floor
proceedings of the House in the offices of all Members,
Delegates, the Resident Commissioner, and committees and in
such other places in the Capitol and the House Office
Buildings as he considers appropriate. Such system may
include other telecommunications functions as the Speaker
considers appropriate. Any such telecommunications shall be
subject to rules and regulations issued by the Speaker.
2. (a) The Speaker shall administer a system subject to his
direction and control for complete and unedited audio and
visual broadcasting and recording of the proceedings of the
House. The Speaker shall provide for the distribution of such
broadcasts and recordings to news media, for the storage of
audio and video recordings of the proceedings, and for the
closed-captioning of the proceedings for hearing-impaired
persons.
(b) All television and radio broadcasting stations,
networks, services, and systems (including cable systems)
that are accredited to the House Radio and Television
Correspondents' Galleries, and all radio and television
correspondents who are so accredited, shall be provided
access to the live coverage of the House.
(c) Coverage made available under this clause, including
any recording thereof--
(1) may not be used for any political purpose;
(2) may not be used in any commercial advertisement; and
(3) may not be broadcast with commercial sponsorship except
as part of a bona fide news program or public affairs
documentary program.
3. The Speaker may delegate any of his responsibilities
under this rule to such legislative entity as he considers
appropriate.
RULE VI.
Official Reporters and News Media Galleries.
Official reporters
1. Subject to the direction and control of the Speaker, the
Clerk shall appoint, and may remove for cause, the official
reporters of the House, including stenographers of
committees, and shall supervise the execution of their
duties.
News media galleries
2. A portion of the gallery over the Speaker's chair as may
be necessary to accommodate representatives of the press
wishing to report debates and proceedings shall be set aside
for their use. Reputable reporters and correspondents shall
be admitted thereto under such regulations as the Speaker may
prescribe from time to time. The Standing Committee of
Correspondents for the Press Gallery, and the Executive
Committee of Correspondents for the Periodical Press Gallery,
shall supervise such galleries, including the designation of
its employees, subject to the direction and control of the
Speaker. The Speaker may assign one seat on the floor to
Associated Press reporters and one to United Press
International reporters, and may regulate their occupation.
The Speaker may admit to the floor, under such regulations as
he may prescribe, one additional representative of each press
association.
3. A portion of the gallery as may be necessary to
accommodate reporters of news to be disseminated by radio,
television, and similar means of transmission, wishing to
report debates and proceedings, shall be set aside for their
use. Reputable reporters and correspondents shall be admitted
thereto under such regulations as the Speaker may prescribe.
The Executive Committee of the Radio and Television
Correspondents' Galleries shall supervise such gallery,
including the designation of its employees, subject to the
direction and control of the Speaker. The Speaker may admit
to the floor, under such regulations as he may prescribe, one
representative of the National Broadcasting Company, one of
the Columbia Broadcasting System, and one of the American
Broadcasting Company.
RULE VII.
Records of the House.
Archiving
1. (a) At the end of each Congress, the chairman of each
committee shall transfer to the Clerk any noncurrent records
of such committee, including the subcommittees thereof.
(b) At the end of each Congress, each officer of the House
elected under rule II shall transfer to the Clerk any
noncurrent records made or acquired in the course of the
duties of such officer.
2. The Clerk shall deliver the records transferred under
clause 1, together with any other noncurrent records of the
House, to the Archivist of the United States for preservation
at the National Archives and Records Administration. Records
so delivered are the permanent property of the House and
remain subject to this rule and any order of the House.
Public availability
3. (a) The Clerk shall authorize the Archivist to make
records delivered under clause 2 available for public use,
subject to paragraph (b), clause 4, and any order of the
House.
(b)(1) A record shall immediately be made available if it
was previously made available for public use by the House or
a committee or a subcommittee.
(2) An investigative record that contains personal data
relating to a specific living person (the disclosure of which
would be an unwarranted invasion of personal privacy), an
administrative record relating to personnel, or a record
relating to a hearing that was closed under clause 2(g)(2) of
rule XI shall be made available if it has been in existence
for 50 years.
(3) A record for which a time, schedule, or condition for
availability is specified by order of the House shall be made
available in accordance with that order. Except as otherwise
provided by order of the House, a record of a committee for
which a time, schedule, or condition for availability is
specified by order of the committee (entered during the
Congress in which the record is made or acquired by the
committee) shall be made available in accordance with the
order of the committee.
(4) A record (other than a record referred to in
subparagraph (1), (2), or (3)) shall be made available if it
has been in existence for 30 years.
4. (a) A record may not be made available for public use
under clause 3 if the Clerk determines that such availability
would be detrimental to the public interest or inconsistent
with the rights and privileges of the House. The Clerk shall
notify in writing the chairman and ranking minority member of
the Committee on House Administration of any such
determination.
(b) A determination of the Clerk under paragraph (a) is
subject to later orders of the House and, in the case of a
record of a committee, later orders of the committee.
5. (a) This rule does not supersede rule VIII or clause 9
of rule X and does not authorize the public disclosure of any
record if such disclosure is prohibited by law or executive
order of the President.
(b) The Committee on House Administration may prescribe
guidelines and regulations governing the applicability and
implementation of this rule.
(c) A committee may withdraw from the National Archives and
Records Administration any record of the committee delivered
to the Archivist under this rule. Such a withdrawal shall be
on a temporary basis and for official use of the committee.
Definition of record
6. In this rule the term ``record'' means any official,
permanent record of the House
[[Page H10]]
(other than a record of an individual Member, Delegate, or
Resident Commissioner), including--
(a) with respect to a committee, an official, permanent
record of the committee (including any record of a
legislative, oversight, or other activity of such committee
or a subcommittee thereof); and
(b) with respect to an officer of the House elected under
rule II, an official, permanent record made or acquired in
the course of the duties of such officer.
Withdrawal of papers
7. A memorial or other paper presented to the House may not
be withdrawn from its files without its leave. If withdrawn
certified copies thereof shall be left in the office of the
Clerk. When an act passes for the settlement of a claim, the
Clerk may transmit to the officer charged with the settlement
thereof the papers on file in his office relating to such
claim. The Clerk may lend temporarily to an officer or bureau
of the executive departments any papers on file in his office
relating to any matter pending before such officer or bureau,
taking proper receipt therefor.
RULE VIII.
Response to Subpoenas.
1. When a Member, Delegate, Resident Commissioner, officer,
or employee of the House is properly served with a subpoena
or other judicial order directing appearance as a witness
relating to the official functions of the House or for the
production or disclosure of any document relating to the
official functions of the House, such Member, Delegate,
Resident Commissioner, officer, or employee shall comply,
consistently with the privileges and rights of the House,
with the subpoena or other judicial order as hereinafter
provided, unless otherwise determined under this rule.
2. Upon receipt of a properly served subpoena or other
judicial order described in clause 1, a Member, Delegate,
Resident Commissioner, officer, or employee of the House
shall promptly notify the Speaker of its receipt in writing.
Such notification shall promptly be laid before the House by
the Speaker. During a period of recess or adjournment of
longer than three days, notification to the House is not
required until the reconvening of the House, when the
notification shall promptly be laid before the House by the
Speaker.
3. Once notification has been laid before the House, the
Member, Delegate, Resident Commissioner, officer, or employee
of the House shall determine whether the issuance of the
subpoena or other judicial order described in clause 1 is a
proper exercise of jurisdiction by the court, is material and
relevant, and is consistent with the privileges and rights of
the House. Such Member, Delegate, Resident Commissioner,
officer, or employee shall notify the Speaker before seeking
judicial determination of these matters.
4. Upon determination whether a subpoena or other judicial
order described in clause 1 is a proper exercise of
jurisdiction by the court, is material and relevant, and is
consistent with the privileges and rights of the House, the
Member, Delegate, Resident Commissioner, officer, or employee
of the House shall immediately notify the Speaker of the
determination in writing.
5. The Speaker shall inform the House of a determination
whether a subpoena or other judicial order described in
clause 1 is a proper exercise of jurisdiction by the court,
is material and relevant, and is consistent with the
privileges and rights of the House. In so informing the
House, the Speaker shall generally describe the records or
information sought. During a period of recess or adjournment
of longer than three days, such notification is not required
until the reconvening of the House, when the notification
shall promptly be laid before the House by the Speaker.
6. (a) Except as specified in paragraph (b) or otherwise
ordered by the House, upon notification to the House that a
subpoena or other judicial order described in clause 1 is a
proper exercise of jurisdiction by the court, is material and
relevant, and is consistent with the privileges and rights of
the House, the Member, Delegate, Resident Commissioner,
officer, or employee of the House shall comply with the
subpoena or other judicial order by supplying certified
copies.
(b) Under no circumstances may minutes or transcripts of
executive sessions, or evidence of witnesses in respect
thereto, be disclosed or copied. During a period of recess or
adjournment of longer than three days, the Speaker may
authorize compliance or take such other action as he
considers appropriate under the circumstances. Upon the
reconvening of the House, all matters that transpired
under this clause shall promptly be laid before the House
by the Speaker.
7. A copy of this rule shall be transmitted by the Clerk to
the court when a subpoena or other judicial order described
in clause 1 is issued and served on a Member, Delegate,
Resident Commissioner, officer, or employee of the House.
8. Nothing in this rule shall be construed to deprive,
condition, or waive the constitutional or legal privileges or
rights applicable or available at any time to a Member,
Delegate, Resident Commissioner, officer, or employee of the
House, or of the House itself, or the right of such Member,
Delegate, Resident Commissioner, officer, or employee, or of
the House itself, to assert such privileges or rights before
a court in the United States.
RULE IX.
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,
Delegates, or the Resident Commissioner, 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,
Delegate, or Resident Commissioner 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. Oral announcement of the form
of the resolution may be dispensed with by unanimous consent.
(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, 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.
RULE X.
Organization of Committees.
Committees and their legislative jurisdictions
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3,
and 4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees,
in accordance with clause 2 of rule XII, as follows:
(a) Committee on Agriculture.
(1) Adulteration of seeds, insect pests, and protection of
birds and animals in forest reserves.
(2) Agriculture generally.
(3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research.
(6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization
of prices of agricultural products, and commodities (not
including distribution outside of the United States).
(8) Animal industry and diseases of animals.
(9) Commodity exchanges.
(10) Crop insurance and soil conservation.
(11) Dairy industry.
(12) Entomology and plant quarantine.
(13) Extension of farm credit and farm security.
(14) Inspection of livestock, poultry, meat products, and
seafood and seafood products.
(15) Forestry in general and forest reserves other than
those created from the public domain.
(16) Human nutrition and home economics.
(17) Plant industry, soils, and agricultural engineering.
(18) Rural electrification.
(19) Rural development.
(20) Water conservation related to activities of the
Department of Agriculture.
(b) Committee on Appropriations.
(1) Appropriation of the revenue for the support of the
Government.
(2) Rescissions of appropriations contained in
appropriation Acts.
(3) Transfers of unexpended balances.
(4) Bills and joint resolutions reported by other
committees that provide new entitlement authority as defined
in section 3(9) of the Congressional Budget Act of 1974 and
referred to the committee under clause 4(a)(2).
(c) Committee on Armed Services.
(1) Ammunition depots; forts; arsenals; and Army, Navy, and
Air Force reservations and establishments.
(2) Common defense generally.
(3) Conservation, development, and use of naval petroleum
and oil shale reserves.
(4) The Department of Defense generally, including the
Departments of the Army, Navy, and Air Force, generally.
(5) Interoceanic canals generally, including measures
relating to the maintenance, operation, and administration of
interoceanic canals.
(6) Merchant Marine Academy and State Maritime Academies.
(7) Military applications of nuclear energy.
(8) Tactical intelligence and intelligence-related
activities of the Department of Defense.
(9) National security aspects of merchant marine, including
financial assistance for the construction and operation of
vessels, maintenance of the U.S. shipbuilding and ship repair
industrial base, cabotage, cargo preference, and merchant
marine officers and seamen as these matters relate to the
national security.
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(10) Pay, promotion, retirement, and other benefits and
privileges of members of the armed forces.
(11) Scientific research and development in support of the
armed services.
(12) Selective service.
(13) Size and composition of the Army, Navy, Marine Corps,
and Air Force.
(14) Soldiers' and sailors' homes.
(15) Strategic and critical materials necessary for the
common defense.
(d) Committee on Banking and Financial Services.
(1) Banks and banking, including deposit insurance and
Federal monetary policy.
(2) Bank capital markets activities generally.
(3) Depository institutions securities activities
generally, including activities of any affiliates (except for
functional regulation under applicable securities laws not
involving safety and soundness).
(4) Economic stabilization, defense production,
renegotiation, and control of the price of commodities,
rents, and services.
(5) Financial aid to commerce and industry (other than
transportation).
(6) International finance.
(7) International financial and monetary organizations.
(8) Money and credit, including currency and this issuance
of notes and redemption thereof; gold and silver, including
the coinage thereof; valuation and revaluation of the dollar.
(9) Public and private housing.
(10) Urban development.
(e) Committee on the Budget.
(1) Concurrent resolutions on the budget (as defined in
section 3(4) of the Congressional Budget Act of 1974), other
matters required to be referred to the committee under titles
III and IV of that Act, and other measures setting forth
appropriate levels of budget totals for the United States
Government.
(2) Budget process generally.
(3) Establishment, extension, and enforcement of special
controls over the Federal budget, including the budgetary
treatment of off-budget Federal agencies and measures
providing exemption from reduction under any order issued
under part C of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(f) Committee on Commerce.
(1) Biomedical research and development.
(2) Consumer affairs and consumer protection.
(3) Health and health facilities (except health care
supported by payroll deductions).
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Exploration, production, storage, supply, marketing,
pricing, and regulation of energy resources, including all
fossil fuels, solar energy, and other unconventional or
renewable energy resources.
(7) Conservation of energy resources.
(8) Energy information generally.
(9) The generation and marketing of power (except by
federally chartered or Federal regional power marketing
authorities); reliability and interstate transmission of, and
ratemaking for, all power; and siting of generation
facilities (except the installation of interconnections
between Government waterpower projects).
(10) General management of the Department of Energy and
management and all functions of the Federal Energy Regulatory
Commission.
(11) National energy policy generally.
(12) Public health and quarantine.
(13) Regulation of the domestic nuclear energy industry,
including regulation of research and development reactors and
nuclear regulatory research.
(14) Regulation of interstate and foreign communications.
(15) Securities and exchanges.
(16) Travel and tourism.
The committee shall have the same jurisdiction with respect
to regulation of nuclear facilities and of use of nuclear
energy as it has with respect to regulation of nonnuclear
facilities and of use of nonnuclear energy.
(g) Committee on Education and the Workforce.
(1) Child labor.
(2) Gallaudet University and Howard University and
Hospital.
(3) Convict labor and the entry of goods made by convicts
into interstate commerce.
(4) Food programs for children in schools.
(5) Labor standards and statistics.
(6) Education or labor generally.
(7) Mediation and arbitration of labor disputes.
(8) Regulation or prevention of importation of foreign
laborers under contract.
(9) Workers' compensation.
(10) Vocational rehabilitation.
(11) Wages and hours of labor.
(12) Welfare of miners.
(13) Work incentive programs.
(h) Committee on Government Reform.
(1) Federal civil service, including intergovernmental
personnel; and the status of officers and employees of the
United States, including their compensation, classification,
and retirement.
(2) Municipal affairs of the District of Columbia in
general (other than appropriations).
(3) Federal paperwork reduction.
(4) Government management and accounting measures
generally.
(5) Holidays and celebrations.
(6) Overall economy, efficiency, and management of
government operations and activities, including Federal
procurement.
(7) National archives.
(8) Population and demography generally, including the
Census.
(9) Postal service generally, including transportation of
the mails.
(10) Public information and records.
(11) Relationship of the Federal Government to the States
and municipalities generally.
(12) Reorganizations in the executive branch of the
Government.
(i) Committee on House Administration.
(1) Appropriations from accounts for committee salaries and
expenses (except for the Committee on Appropriations); House
Information Resources; and allowance and expenses of Members,
Delegates, the Resident Commissioner, officers, and
administrative offices of the House.
(2) Auditing and settling of all accounts described in
subparagraph (1).
(3) Employment of persons by the House, including staff for
Members, Delegates, the Resident Commissioner, and
committees; and reporters of debates, subject to rule VI.
(4) Except as provided in paragraph (q)(11), the Library of
Congress, including management thereof; the House Library;
statuary and pictures; acceptance or purchase of works of art
for the Capitol; the Botanic Garden; and purchase of books
and manuscripts.
(5) The Smithsonian Institution and the incorporation of
similar institutions (except as provided in paragraph
(q)(11)).
(6) Expenditure of accounts described in subparagraph (1).
(7) Franking Commission.
(8) Printing and correction of the Congressional Record.
(9) Accounts of the House generally.
(10) Assignment of office space for Members, Delegates, the
Resident Commissioner, and committees.
(11) Disposition of useless executive papers.
(12) Election of the President, Vice President, Members,
Senators, Delegates, or the Resident Commissioner; corrupt
practices; contested elections; credentials and
qualifications; and Federal elections generally.
(13) Services to the House, including the House Restaurant,
parking facilities, and administration of the House Office
Buildings and of the House wing of the Capitol.
(14) Travel of Members, Delegates, and the Resident
Commissioner.
(15) Raising, reporting, and use of campaign contributions
for candidates for office of Representative, of Delegate, and
of Resident Commissioner.
(16) Compensation, retirement, and other benefits of the
Members, Delegates, the Resident Commissioner, officers, and
employees of Congress.
(j) Committee on International Relations.
(1) Relations of the United States with foreign nations
generally.
(2) Acquisition of land and buildings for embassies and
legations in foreign countries.
(3) Establishment of boundary lines between the United
States and foreign nations.
(4) Export controls, including nonproliferation of nuclear
technology and nuclear hardware.
(5) Foreign loans.
(6) International commodity agreements (other than those
involving sugar), including all agreements for cooperation in
the export of nuclear technology and nuclear hardware.
(7) International conferences and congresses.
(8) International education.
(9) Intervention abroad and declarations of war.
(10) Diplomatic service.
(11) Measures to foster commercial intercourse with foreign
nations and to safeguard American business interests abroad.
(12) International economic policy.
(13) Neutrality.
(14) Protection of American citizens abroad and
expatriation.
(15) The American National Red Cross.
(16) Trading with the enemy.
(17) United Nations organizations.
(k) Committee on the Judiciary.
(1) The judiciary and judicial proceedings, civil and
criminal.
(2) Administrative practice and procedure.
(3) Apportionment of Representatives.
(4) Bankruptcy, mutiny, espionage, and counterfeiting.
(5) Civil liberties.
(6) Constitutional amendments.
(7) Federal courts and judges, and local courts in the
Territories and possessions.
(8) Immigration and naturalization.
(9) Interstate compacts generally.
(10) Claims against the United States.
(11) Meetings of Congress; attendance of Members,
Delegates, and the Resident Commissioner; and their
acceptance of incompatible offices.
(12) National penitentiaries.
(13) Patents, the Patent and Trademark Office, copyrights,
and trademarks.
(14) Presidential succession.
(15) Protection of trade and commerce against unlawful
restraints and monopolies.
(16) Revision and codification of the Statutes of the
United States.
(17) State and territorial boundary lines.
(18) Subversive activities affecting the internal security
of the United States.
(l) Committee on Resources.
(1) Fisheries and wildlife, including research,
restoration, refuges, and conservation.
(2) Forest reserves and national parks created from the
public domain.
[[Page H12]]
(3) Forfeiture of land grants and alien ownership,
including alien ownership of mineral lands.
(4) Geological Survey.
(5) International fishing agreements.
(6) Interstate compacts relating to apportionment of waters
for irrigation purposes.
(7) Irrigation and reclamation, including water supply for
reclamation projects and easements of public lands for
irrigation projects; and acquisition of private lands when
necessary to complete irrigation projects.
(8) Native Americans generally, including the care and
allotment of Native American lands and general and special
measures relating to claims that are paid out of Native
American funds.
(9) Insular possessions of the United States generally
(except those affecting the revenue and appropriations).
(10) Military parks and battlefields, national cemeteries
administered by the Secretary of the Interior, parks within
the District of Columbia, and the erection of monuments to
the memory of individuals.
(11) Mineral land laws and claims and entries thereunder.
(12) Mineral resources of public lands.
(13) Mining interests generally.
(14) Mining schools and experimental stations.
(15) Marine affairs, including coastal zone management
(except for measures relating to oil and other pollution of
navigable waters).
(16) Oceanography.
(17) Petroleum conservation on public lands and
conservation of the radium supply in the United States.
(18) Preservation of prehistoric ruins and objects of
interest on the public domain.
(19) Public lands generally, including entry, easements,
and grazing thereon.
(20) Relations of the United States with Native Americans
and Native American tribes.
(21) Trans-Alaska Oil Pipeline (except ratemaking).
(m) Committee on Rules.
(1) Rules and joint rules (other than those relating to the
Code of Official Conduct) and the order of business of the
House.
(2) Recesses and final adjournments of Congress.
(n) Committee on Science.
(1) All energy research, development, and demonstration,
and projects therefor, and all federally owned or operated
nonmilitary energy laboratories.
(2) Astronautical research and development, including
resources, personnel, equipment, and facilities.
(3) Civil aviation research and development.
(4) Environmental research and development.
(5) Marine research.
(6) Commercial application of energy technology.
(7) National Institute of Standards and Technology,
standardization of weights and measures, and the metric
system.
(8) National Aeronautics and Space Administration.
(9) National Space Council.
(10) National Science Foundation.
(11) National Weather Service.
(12) Outer space, including exploration and control
thereof.
(13) Science scholarships.
(14) Scientific research, development, and demonstration,
and projects therefor.
(o) Committee on Small Business.
(1) Assistance to and protection of small business,
including financial aid, regulatory flexibility, and
paperwork reduction.
(2) Participation of small-business enterprises in Federal
procurement and Government contracts.
(p) Committee on Standards of Official Conduct.
The Code of Official Conduct.
(q) Committee on Transportation and Infrastructure.
(1) Coast Guard, including lifesaving service, lighthouses,
lightships, ocean derelicts, and the Coast Guard Academy.
(2) Federal management of emergencies and natural
disasters.
(3) Flood control and improvement of rivers and harbors.
(4) Inland waterways.
(5) Inspection of merchant marine vessels, lights and
signals, lifesaving equipment, and fire protection on such
vessels.
(6) Navigation and laws relating thereto, including
pilotage.
(7) Registering and licensing of vessels and small boats.
(8) Rules and international arrangements to prevent
collisions at sea.
(9) The Capitol Building and the Senate and House Office
Buildings.
(10) Construction or maintenance of roads and post roads
(other than appropriations therefor).
(11) Construction or reconstruction, maintenance, and care
of buildings and grounds of the Botanic Garden, the Library
of Congress, and the Smithsonian Institution.
(12) Merchant marine (except for national security aspects
thereof).
(13) Purchase of sites and construction of post offices,
customhouses, Federal courthouses, and Government buildings
within the District of Columbia.
(14) Oil and other pollution of navigable waters, including
inland, coastal, and ocean waters.
(15) Marine affairs, including coastal zone management, as
they relate to oil and other pollution of navigable waters.
(16) Public buildings and occupied or improved grounds of
the United States generally.
(17) Public works for the benefit of navigation, including
bridges and dams (other than international bridges and dams).
(18) Related transportation regulatory agencies.
(19) Roads and the safety thereof.
(20) Transportation, including civil aviation, railroads,
water transportation, transportation safety (except
automobile safety), transportation infrastructure,
transportation labor, and railroad retirement and
unemployment (except revenue measures related thereto).
(21) Water power.
(r) Committee on Veterans' Affairs.
(1) Veterans' measures generally.
(2) Cemeteries of the United States in which veterans of
any war or conflict are or may be buried, whether in the
United States or abroad (except cemeteries administered by
the Secretary of the Interior).
(3) Compensation, vocational rehabilitation, and education
of veterans.
(4) Life insurance issued by the Government on account of
service in the Armed Forces.
(5) Pensions of all the wars of the United States, general
and special.
(6) Readjustment of servicemen to civil life.
(7) Soldiers' and sailors' civil relief.
(8) Veterans' hospitals, medical care, and treatment of
veterans.
(s) Committee on Ways and Means.
(1) Customs, collection districts, and ports of entry and
delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to insular possessions.
(5) Bonded debt of the United States, subject to the last
sentence of clause 4(f).
(6) Deposit of public monies.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts.
(9) National social security (except health care and
facilities programs that are supported from general revenues
as opposed to payroll deductions and except work incentive
programs).
General oversight responsibilities
2. (a) The various standing committees shall have general
oversight responsibilities as provided in paragraph (b) in
order to assist the House in--
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration, execution, and
effectiveness of Federal laws; and
(B) conditions and circumstances that may indicate the
necessity or desirability of enacting new or additional
legislation; and
(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional legislation
as may be necessary or appropriate.
(b)(1) In order to determine whether laws and programs
addressing subjects within the jurisdiction of a committee
are being implemented and carried out in accordance with the
intent of Congress and whether they should be continued,
curtailed, or eliminated, each standing committee (other than
the Committee on Appropriations) shall review and study on a
continuing basis--
(A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects within
its jurisdiction;
(B) the organization and operation of Federal agencies and
entities having responsibilities for the administration and
execution of laws and programs addressing subjects within its
jurisdiction;
(C) any conditions or circumstances that may indicate the
necessity or desirability of enacting new or additional
legislation addressing subjects within its jurisdiction
(whether or not a bill or resolution has been introduced with
respect thereto); and
(D) future research and forecasting on subjects within its
jurisdiction.
(2) Each committee to which subparagraph (1) applies having
more than 20 members shall establish an oversight
subcommittee, or require its subcommittees to conduct
oversight in their respective jurisdictions, to assist in
carrying out its responsibilities under this clause. The
establishment of an oversight subcommittee does not limit the
responsibility of a subcommittee with legislative
jurisdiction in carrying out its oversight responsibilities.
(c) Each standing committee shall review and study on a
continuing basis the impact or probable impact of tax
policies affecting subjects within its jurisdiction as
described in clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee shall, in a meeting that is
open to the public and with a quorum present, adopt its
oversight plan for that Congress. Such plan shall be
submitted simultaneously to the Committee on Government
Reform and to the Committee on House Administration. In
developing its plan each committee shall, to the maximum
extent feasible--
(A) consult with other committees that have jurisdiction
over the same or related laws, programs, or agencies within
its jurisdiction with the objective of ensuring maximum
coordination and cooperation among committees when conducting
reviews of such laws, programs, or agencies and include in
[[Page H13]]
its plan an explanation of steps that have been or will be
taken to ensure such coordination and cooperation;
(B) give priority consideration to including in its plan
the review of those laws, programs, or agencies operating
under permanent budget authority or permanent statutory
authority; and
(C) have a view toward ensuring that all significant laws,
programs, or agencies within its jurisdiction are subject to
review every 10 years.
(2) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the Committee on Government
Reform shall report to the House the oversight plans
submitted by committees together with any recommendations
that it, or the House leadership group described above, may
make to ensure the most effective coordination of oversight
plans and otherwise to achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose
of reviewing specific matters within the jurisdiction of two
or more standing committees.
Special oversight functions
3. (a) The Committee on Appropriations shall conduct such
studies and examinations of the organization and operation of
executive departments and other executive agencies (including
an agency the majority of the stock of which is owned by the
United States) as it considers necessary to assist it in the
determination of matters within its jurisdiction.
(b) The Committee on the Budget shall study on a continuing
basis the effect on budget outlays of relevant existing and
proposed legislation and report the results of such studies
to the House on a recurring basis.
(c) The Committee on Commerce shall review and study on a
continuing basis laws, programs, and Government activities
relating to nuclear and other energy and nonmilitary nuclear
energy research and development including the disposal of
nuclear waste.
(d) The Committee on Education and the Workforce shall
review, study, and coordinate on a continuing basis laws,
programs, and Government activities relating to domestic
educational programs and institutions and programs of student
assistance within the jurisdiction of other committees.
(e) The Committee on Government Reform shall review and
study on a continuing basis the operation of Government
activities at all levels with a view to determining their
economy and efficiency.
(f) The Committee on International Relations shall review
and study on a continuing basis laws, programs, and
Government activities relating to customs administration,
intelligence activities relating to foreign policy,
international financial and monetary organizations, and
international fishing agreements.
(g) The Committee on Armed Services shall review and study
on a continuing basis laws, programs, and Government
activities relating to international arms control and
disarmament and the education of military dependents in
schools.
(h) The Committee on Resources shall review and study on a
continuing basis laws, programs, and Government activities
relating to Native Americans.
(i) The Committee on Rules shall review and study on a
continuing basis the congressional budget process, and the
committee shall report its findings and recommendations to
the House from time to time.
(j) The Committee on Science shall review and study on a
continuing basis laws, programs, and Government activities
relating to nonmilitary research and development.
(k) The Committee on Small Business shall study and
investigate on a continuing basis the problems of all types
of small business.
Additional functions of committees
4. (a)(1)(A) The Committee on Appropriations shall, within
30 days after the transmittal of the Budget to Congress each
year, hold hearings on the Budget as a whole with particular
reference to--
(i) the basic recommendations and budgetary policies of the
President in the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions used
as bases in arriving at total estimated expenditures and
receipts.
(B) In holding hearings under subdivision (A), the
committee shall receive testimony from the Secretary of the
Treasury, the Director of the Office of Management and
Budget, the Chairman of the Council of Economic Advisers, and
such other persons as the committee may desire.
(C) A hearing under subdivision (A), or any part thereof,
shall be held in open session, except when the committee, in
open session and with a quorum present, determines by record
vote that the testimony to be taken at that hearing on that
day may be related to a matter of national security. The
committee may by the same procedure close one subsequent day
of hearing. A transcript of all such hearings shall be
printed and a copy thereof furnished to each Member,
Delegate, and the Resident Commissioner.
(D) A hearing under subdivision (A), or any part thereof,
may be held before a joint meeting of the committee and the
Committee on Appropriations of the Senate in accordance with
such procedures as the two committees jointly may determine.
(2) Pursuant to section 401(b)(2) of the Congressional
Budget Act of 1974, when a committee reports a bill or joint
resolution that provides new entitlement authority as defined
in section 3(9) of that Act, and enactment of the bill or
joint resolution, as reported, would cause a breach of the
committee's pertinent allocation of new budget authority
under section 302(a) of that Act, the bill or joint
resolution may be referred to the Committee on
Appropriations with instructions to report it with
recommendations (which may include an amendment limiting
the total amount of new entitlement authority provided in
the bill or joint resolution). If the Committee on
Appropriations fails to report a bill or joint resolution
so referred within 15 calendar days (not counting any day
on which the House is not in session), the committee
automatically shall be discharged from consideration of
the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
(3) In addition, the Committee on Appropriations shall
study on a continuing basis those provisions of law that (on
the first day of the first fiscal year for which the
congressional budget process is effective) provide spending
authority or permanent budget authority and shall report to
the House from time to time its recommendations for
terminating or modifying such provisions.
(4) In the manner provided by section 302 of the
Congressional Budget Act of 1974, the Committee on
Appropriations (after consulting with the Committee on
Appropriations of the Senate) shall subdivide any allocations
made to it in the joint explanatory statement accompanying
the conference report on such concurrent resolution, and
promptly report the subdivisions to the House as soon as
practicable after a concurrent resolution on the budget for a
fiscal year is agreed to.
(b) The Committee on the Budget shall--
(1) review on a continuing basis the conduct by the
Congressional Budget Office of its functions and duties;
(2) hold hearings and receive testimony from Members,
Senators, Delegates, the Resident Commissioner, and such
appropriate representatives of Federal departments and
agencies, the general public, and national organizations as
it considers desirable in developing concurrent resolutions
on the budget for each fiscal year;
(3) make all reports required of it by the Congressional
Budget Act of 1974;
(4) study on a continuing basis those provisions of law
that exempt Federal agencies or any of their activities or
outlays from inclusion in the Budget of the United States
Government, and report to the House from time to time its
recommendations for terminating or modifying such provisions;
(5) study on a continuing basis proposals designed to
improve and facilitate the congressional budget process, and
report to the House from time to time the results of such
studies, together with its recommendations; and
(6) request and evaluate continuing studies of tax
expenditures, devise methods of coordinating tax
expenditures, policies, and programs with direct budget
outlays, and report the results of such studies to the House
on a recurring basis.
(c)(1) The Committee on Government Reform shall--
(A) receive and examine reports of the Comptroller General
of the United States and submit to the House such
recommendations as it considers necessary or desirable in
connection with the subject matter of the reports;
(B) evaluate the effects of laws enacted to reorganize the
legislative and executive branches of the Government; and
(C) study intergovernmental relationships between the
United States and the States and municipalities and between
the United States and international organizations of which
the United States is a member.
(2) In addition to its duties under subparagraph (1), the
Committee on Government Reform may at any time conduct
investigations of any matter without regard to clause 1, 2,
3, or this clause conferring jurisdiction over the matter to
another standing committee. The findings and recommendations
of the committee in such an investigation shall be made
available to any other standing committee having jurisdiction
over the matter involved and shall be included in the report
of any such other committee when required by clause 3(c)(4)
of rule XIII.
(d)(1) The Committee on House Administration shall--
(A) examine all bills, amendments, and joint resolutions
after passage by the House and, in cooperation with the
Senate, examine all bills and joint resolutions that have
passed both Houses to see that they are correctly enrolled
and forthwith present those bills and joint resolutions that
originated in the House to the President in person after
their signature by the Speaker and the President of the
Senate, and report to the House the fact and date of their
presentment;
(B) provide policy direction for, and oversight of, the
Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
Inspector General;
(C) have the function of accepting on behalf of the House a
gift, except as otherwise provided by law, if the gift does
not involve a duty, burden, or condition, or is not made
dependent on some future performance by the House; and
(D) promulgate regulations to carry out subdivision (C).
[[Page H14]]
(2) An employing office of the House may enter into a
settlement of a complaint under the Congressional
Accountability Act of 1995 that provides for the payment of
funds only after receiving the joint approval of the chairman
and ranking minority member of the Committee on House
Administration concerning the amount of such payment.
(e)(1) Each standing committee shall, in its consideration
of all public bills and public joint resolutions within its
jurisdiction, ensure that appropriations for continuing
programs and activities of the Federal Government and the
government of the District of Columbia will be made annually
to the maximum extent feasible and consistent with the
nature, requirement, and objective of the programs and
activities involved. In this subparagraph programs and
activities of the Federal Government and the government of
the District of Columbia includes programs and activities of
any department, agency, establishment, wholly owned
Government corporation, or instrumentality of the Federal
Government or of the government of the District of Columbia.
(2) Each standing committee shall review from time to time
each continuing program within its jurisdiction for which
appropriations are not made annually to ascertain whether the
program should be modified to provide for annual
appropriations.
Budget Act responsibilities
(f)(1) Each standing committee shall submit to the
Committee on the Budget not later than six weeks after the
President submits his budget, or at such time as the
Committee on the Budget may request--
(A) its views and estimates with respect to all matters to
be set forth in the concurrent resolution on the budget for
the ensuing fiscal year that are within its jurisdiction or
functions; and
(B) an estimate of the total amounts of new budget
authority, and budget outlays resulting therefrom, to be
provided or authorized in all bills and resolutions within
its jurisdiction that it intends to be effective during that
fiscal year.
(2) The views and estimates submitted by the Committee on
Ways and Means under subparagraph (1) shall include a
specific recommendation, made after holding public hearings,
as to the appropriate level of the public debt that should be
set forth in the concurrent resolution on the budget and
serve as the basis for an increase or decrease in the
statutory limit on such debt under the procedures provided by
rule XXIII.
Election and membership of standing committees
5. (a)(1) The standing committees specified in clause 1
shall be elected by the House within seven calendar days
after the commencement of each Congress, from nominations
submitted by the respective party caucus or conference. A
resolution proposing to change the composition of a standing
committee shall be privileged if offered by direction of the
party caucus or conference concerned.
(2)(A) The Committee on the Budget shall be composed of
members as follows:
(i) Members, Delegates, or the Resident Commissioner who
are members of other standing committees, including five who
are members of the Committee on Appropriations and five who
are members of the Committee on Ways and Means;
(ii) one Member from the elected leadership of the majority
party; and
(iii) one Member from the elected leadership of the
minority party.
(B) Except as permitted by subdivision (C), a member of the
Committee on the Budget other than one from the elected
leadership of a party may not serve on the committee during
more than four Congresses in a period of six successive
Congresses (disregarding for this purpose any service for
less than a full session in a Congress).
(C) A member of the Committee on the Budget who served as
either the chairman or the ranking minority member of the
committee in the immediately previous Congress and who did
not serve in that respective capacity in an earlier Congress
may serve as either the chairman or the ranking minority
member of the committee during one additional Congress.
(3)(A) The Committee on Standards of Official Conduct shall
be composed of 10 members, five from the majority party and
five from the minority party.
(B) Except as permitted by subdivision (C), a member of the
Committee on Standards of Official Conduct may not serve on
the committee during more than three Congresses in a period
of five successive Congresses (disregarding for this purpose
any service for less than a full session in a Congress).
(C) A member of the Committee on Standards of Official
Conduct may serve on the committee during a fourth Congress
in a period of five successive Congresses only as either the
chairman or the ranking minority member of the committee.
(4)(A) At the beginning of a Congress, the Speaker or his
designee and the Minority Leader or his designee each shall
name 10 Members, Delegates, or the Resident Commissioner from
his respective party who are not members of the Committee on
Standards of Official Conduct to be available to serve on
investigative subcommittees of that committee during that
Congress. The lists of Members, Delegates, or the Resident
Commissioner so named shall be announced to the House.
(B) Whenever the chairman and the ranking minority member
of the Committee on Standards of Official Conduct jointly
determine that Members, Delegates, or the Resident
Commissioner named under subdivision (A) should be assigned
to serve on an investigative subcommittee of that committee,
each of them shall select an equal number of such Members,
Delegates, or Resident Commissioner from his respective party
to serve on that subcommittee.
(b)(1) Membership on a standing committee during the course
of a Congress shall be contingent on continuing membership in
the party caucus or conference that nominated the Member,
Delegate, or Resident Commissioner concerned for election to
such committee. Should a Member, Delegate, or Resident
Commissioner cease to be a member of a particular party
caucus or conference, that Member, Delegate, or Resident
Commissioner shall automatically cease to be a member of each
standing committee to which he was elected on the basis of
nomination by that caucus or conference. The chairman of the
relevant party caucus or conference shall notify the Speaker
whenever a Member, Delegate, or Resident Commissioner ceases
to be a member of that caucus or conference. The Speaker
shall notify the chairman of each affected committee that the
election of such Member, Delegate, or Resident Commissioner
to the committee is automatically vacated under this
subparagraph.
(2)(A) Except as specified in subdivision (B), a Member,
Delegate, or Resident Commissioner may not serve
simultaneously as a member of more than two standing
committees or more than four subcommittees of the standing
committees.
(B)(i) Ex officio service by a chairman or ranking minority
member of a committee on each of its subcommittees under a
committee rule does not count against the limitation on
subcommittee service.
(ii) Service on an investigative subcommittee of the
Committee on Standards of Official Conduct under paragraph
(a)(4) does not count against the limitation on subcommittee
service.
(iii) Any other exception to the limitations in subdivision
(A) must be approved by the House on the recommendation of
the relevant party caucus or conference.
(C) In this subparagraph the term "subcommittee" includes a
panel (other than a special oversight panel of the Committee
on Armed Services), task force, special subcommittee, or
other subunit of a standing committee that is established for
a cumulative period longer than six months in a Congress.
(c)(1) One of the members of each standing committee shall
be elected by the House, on the nomination of the majority
party caucus or conference, as chairman thereof. In the
temporary absence of the chairman, the member next in rank
(and so on, as often as the case shall happen) shall act as
chairman. Rank shall be determined by the order members are
named in resolutions electing them to the committee. In the
case of a permanent vacancy in the elected chairmanship of a
committee, the House shall elect another chairman.
(2) A member of a standing committee may not serve as
chairman of the same standing committee, or of the same
subcommittee of a standing committee, during more than three
consecutive Congresses (disregarding for this purpose any
service for less than a full session in a Congress).
(d)(1) Except as permitted by subparagraph (2), a committee
may have not more than five subcommittees.
(2) A committee that maintains a subcommittee on oversight
may have not more than six subcommittees. The Committee on
Appropriations may have not more than 13 subcommittees. The
Committee on Government Reform may have not more than seven
subcommittees.
(e) The House shall fill a vacancy on a standing committee
by election on the nomination of the respective party caucus
or conference.
Expense resolutions
6. (a) Whenever a committee, commission, or other entity
(other than the Committee on Appropriations) is granted
authorization for the payment of its expenses (including
staff salaries) for a Congress, such authorization initially
shall be procured by one primary expense resolution reported
by the Committee on House Administration. A primary expense
resolution may include a reserve fund for unanticipated
expenses of committees. An amount from such a reserve fund
may be allocated to a committee only by the approval of the
Committee on House Administration. A primary expense
resolution reported to the House may not be considered in the
House unless a printed report thereon was available on the
previous calendar day. For the information of the House, such
report shall--
(1) state the total amount of the funds to be provided to
the committee, commission, or other entity under the primary
expense resolution for all anticipated activities and
programs of the committee, commission, or other entity; and
(2) to the extent practicable, contain such general
statements regarding the estimated foreseeable expenditures
for the respective anticipated activities and programs of the
committee, commission, or other entity as may be appropriate
to provide the House with basic estimates of the expenditures
contemplated by the primary expense resolution.
(b) After the date of adoption by the House of a primary
expense resolution for a committee, commission, or other
entity for a
[[Page H15]]
Congress, authorization for the payment of additional
expenses (including staff salaries) in that Congress may be
procured by one or more supplemental expense resolutions
reported by the Committee on House Administration, as
necessary. A supplemental expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day.
For the information of the House, such report shall--
(1) state the total amount of additional funds to be
provided to the committee, commission, or other entity under
the supplemental expense resolution and the purposes for
which those additional funds are available; and
(2) state the reasons for the failure to procure the
additional funds for the committee, commission, or other
entity by means of the primary expense resolution.
(c) The preceding provisions of this clause do not apply
to--
(1) a resolution providing for the payment from committee
salary and expense accounts of the House of sums necessary to
pay compensation for staff services performed for, or to pay
other expenses of, a committee, commission, or other entity
at any time after the beginning of an odd-numbered year and
before the date of adoption by the House of the primary
expense resolution described in paragraph (a) for that year;
or
(2) a resolution providing each of the standing committees
in a Congress additional office equipment, airmail and
special-delivery postage stamps, supplies, staff personnel,
or any other specific item for the operation of the standing
committees, and containing an authorization for the payment
from committee salary and expense accounts of the House of
the expenses of any of the foregoing items provided by that
resolution, subject to and until enactment of the provisions
of the resolution as permanent law.
(d) From the funds made available for the appointment of
committee staff by a primary or additional expense
resolution, the chairman of each committee shall ensure that
sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
committee and that the minority party is treated fairly in
the appointment of such staff.
(e) Funds authorized for a committee under this clause and
clauses 7 and 8 are for expenses incurred in the activities
of the committee.
Interim funding
7. (a) For the period beginning at noon on January 3 and
ending at midnight on March 31 in each odd-numbered year,
such sums as may be necessary shall be paid out of the
committee salary and expense accounts of the House for
continuance of necessary investigations and studies by--
(1) each standing and select committee established by these
rules; and
(2) except as specified in paragraph (b), each select
committee established by resolution.
(b) In the case of the first session of a Congress, amounts
shall be made available under this paragraph for a select
committee established by resolution in the preceding Congress
only if--
(1) a resolution proposing to reestablish such select
committee is introduced in the present Congress; and
(2) the House has not adopted a resolution of the preceding
Congress providing for termination of funding for
investigations and studies by such select committee.
(c) Each committee described in paragraph (a) shall be
entitled for each month during the period specified in
paragraph (a) to 9 percent (or such lesser percentage as may
be determined by the Committee on House Administration) of
the total annualized amount made available under expense
resolutions for such committee in the preceding session of
Congress.
(d) Payments under this paragraph shall be made on vouchers
authorized by the committee involved, signed by the chairman
of the committee, except as provided in paragraph (e), and
approved by the Committee on House Administration.
(e) Notwithstanding any provision of law, rule of the
House, or other authority, from noon on January 3 of the
first session of a Congress until the election by the House
of the committee concerned in that Congress, payments under
this paragraph shall be made on vouchers signed by--
(1) the member of the committee who served as chairman of
the committee at the expiration of the preceding Congress; or
(2) if the chairman is not a Member, Delegate, or Resident
Commissioner in the present Congress, then the ranking member
of the committee as it was constituted at the expiration of
the preceding Congress who is a member of the majority party
in the present Congress.
(f)(1) The authority of a committee to incur expenses under
this paragraph shall expire upon adoption by the House of a
primary expense resolution for the committee.
(2) Amounts made available under this paragraph shall be
expended in accordance with regulations prescribed by the
Committee on House Administration.
(3) This clause shall be effective only insofar as it is
not inconsistent with a resolution reported by the Committee
on House Administration and adopted by the House after the
adoption of these rules.
Travel
8. (a) Local currencies owned by the United States shall be
made available to the committee and its employees engaged in
carrying out their official duties outside the United States
or its territories or possessions. Appropriated funds,
including those authorized under this clause and clauses 6
and 8, may not be expended for the purpose of defraying
expenses of members of a committee or its employees in a
country where local currencies are available for this
purpose.
(b) The following conditions shall apply with respect to
travel outside the United States or its territories or
possessions:
(1) A member or employee of a committee may not receive or
expend local currencies for subsistence in a country for a
day at a rate in excess of the maximum per diem set forth in
applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day at the lesser of--
(A) the per diem set forth in applicable Federal law; or
(B) the actual, unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) Each member or employee of a committee shall make to
the chairman of the committee an itemized report showing the
dates each country was visited, the amount of per diem
furnished, the cost of transportation furnished, and funds
expended for any other official purpose and shall summarize
in these categories the total foreign currencies or
appropriated funds expended. Each report shall be filed with
the chairman of the committee not later than 60 days
following the completion of travel for use in complying with
reporting requirements in applicable Federal law and shall be
open for public inspection.
(c)(1) In carrying out the activities of a committee
outside the United States in a country where local currencies
are unavailable, a member or employee of a committee may not
receive reimbursement for expenses (other than for
transportation) in excess of the maximum per diem set forth
in applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day, at the lesser of--
(A) the per diem set forth in applicable Federal law; or
(B) the actual unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) A member or employee of a committee may not receive
reimbursement for the cost of any transportation in
connection with travel outside the United States unless the
member or employee actually paid for the transportation.
(d) The restrictions respecting travel outside the United
States set forth in paragraph (c) also shall apply to travel
outside the United States by a Member, Delegate, Resident
Commissioner, officer, or employee of the House authorized
under any standing rule.
Committee staffs
9. (a)(1) Subject to subparagraph (2) and paragraph (f),
each standing committee may appoint, by majority vote, not
more than 30 professional staff members to be compensated
from the funds provided for the appointment of committee
staff by primary and additional expense resolutions. Each
professional staff member appointed under this subparagraph
shall be assigned to the chairman and the ranking minority
member of the committee, as the committee considers
advisable.
(2) Subject to paragraph (f) whenever a majority of the
minority party members of a standing committee (other than
the Committee on Standards of Official Conduct or the
Permanent Select Committee on Intelligence) so request, not
more than 10 persons (or one-third of the total professional
committee staff appointed under this clause, whichever is
fewer) may be selected, by majority vote of the minority
party members, for appointment by the committee as
professional staff members under subparagraph (1). The
committee shall appoint persons so selected whose character
and qualifications are acceptable to a majority of the
committee. If the committee determines that the character and
qualifications of a person so selected are unacceptable, a
majority of the minority party members may select another
person for appointment by the committee to the professional
staff until such appointment is made. Each professional staff
member appointed under this subparagraph shall be assigned to
such committee business as the minority party members of the
committee consider advisable.
(b)(1) The professional staff members of each standing
committee--
(A) may not engage in any work other than committee
business during congressional working hours; and
(B) may not be assigned a duty other than one pertaining to
committee business.
(2) Subparagraph (1) does not apply to staff designated by
a committee as ``associate'' or ``shared'' staff who are not
paid exclusively by the committee, provided that the chairman
certifies that the compensation paid by the committee for any
such staff is commensurate with the work performed for the
committee in accordance with clause 8 of rule XXIV.
(3) The use of any ``associate'' or ``shared'' staff by a
committee shall be subject to the review of, and to any
terms, conditions, or limitations established by, the
Committee on House Administration in connection with the
reporting of any primary or additional expense resolution.
[[Page H16]]
(4) This paragraph does not apply to the Committee on
Appropriations.
(c) Each employee on the professional or investigative
staff of a standing committee shall be entitled to pay at a
single gross per annum rate, to be fixed by the chairman and
that does not exceed the maximum rate of pay as in effect
from time to time under applicable provisions of law.
(d) Subject to appropriations hereby authorized, the
Committee on Appropriations may appoint by majority vote such
staff as it determines to be necessary (in addition to the
clerk of the committee and assistants for the minority). The
staff appointed under this paragraph, other than minority
assistants, shall possess such qualifications as the
committee may prescribe.
(e) A committee may not appoint to its staff an expert or
other personnel detailed or assigned from a department or
agency of the Government except with the written permission
of the Committee on House Administration.
(f) If a request for the appointment of a minority
professional staff member under paragraph (a) is made when no
vacancy exists for such an appointment, the committee
nevertheless may appoint under paragraph (a) a person
selected by the minority and acceptable to the committee. A
person so appointed shall serve as an additional member of
the professional staff of the committee until such a vacancy
occurs (other than a vacancy in the position of head of the
professional staff, by whatever title designated), at which
time that person is considered as appointed to that vacancy.
Such a person shall be paid from the applicable accounts of
the House described in clause 1(i)(1) of rule X. If such a
vacancy occurs on the professional staff when seven or more
persons have been so appointed who are eligible to fill that
vacancy, a majority of the minority party members shall
designate which of those persons shall fill the vacancy.
(g) Each staff member appointed pursuant to a request by
minority party members under paragraph (a), and each staff
member appointed to assist minority members of a committee
pursuant to an expense resolution described in paragraph (a)
of clause 6, shall be accorded equitable treatment with
respect to the fixing of the rate of pay, the assignment of
work facilities, and the accessibility of committee records.
(h) Paragraph (a) may not be construed to authorize the
appointment of additional professional staff members of a
committee pursuant to a request under paragraph (a) by the
minority party members of that committee if 10 or more
professional staff members provided for in paragraph (a)(1)
who are satisfactory to a majority of the minority party
members are otherwise assigned to assist the minority party
members.
(i) Notwithstanding paragraph (a)(2), a committee may
employ nonpartisan staff, in lieu of or in addition to
committee staff designated exclusively for the majority or
minority party, by an affirmative vote of a majority of the
members of the majority party and of a majority of the
members of the minority party.
Select and joint committees
10. (a) Membership on a select or joint committee appointed
by the Speaker under clause 11 of rule I during the course of
a Congress shall be contingent on continuing membership in
the party caucus or conference of which the Member, Delegate,
or Resident Commissioner concerned was a member at the time
of appointment. Should a Member, Delegate, or Resident
Commissioner cease to be a member of that caucus or
conference, that Member, Delegate, or Resident Commissioner
shall automatically cease to be a member of any select or
joint committee to which he is assigned. The chairman of the
relevant party caucus or conference shall notify the Speaker
whenever a Member, Delegate, or Resident Commissioner ceases
to be a member of a party caucus or conference. The Speaker
shall notify the chairman of each affected select or joint
committee that the appointment of such Member, Delegate, or
Resident Commissioner to the select or joint committee is
automatically vacated under this paragraph.
(b) Each select or joint committee, other than a conference
committee, shall comply with clause 2(a) of rule XI unless
specifically exempted by law.
Permanent Select Committee on Intelligence
11. (a)(1) There is established a Permanent Select
Committee on Intelligence (hereafter in this clause referred
to as the ``select committee''). The select committee shall
be composed of not more than 16 Members, Delegates, or the
Resident Commissioner, of whom not more than nine may be from
the same party. The select committee shall include at least
one Member, Delegate, or the Resident Commissioner from each
of the following committees:
(A) the Committee on Appropriations;
(B) the Committee on Armed Services;
(C) the Committee on International Relations; and
(D) the Committee on the Judiciary.
(2) The Speaker and the Minority Leader shall be ex officio
members of the select committee but shall have no vote in the
select committee and may not be counted for purposes of
determining a quorum thereof.
(3) The Speaker and Minority Leader each may designate a
member of his leadership staff to assist him in his capacity
as ex officio member, with the same access to committee
meetings, hearings, briefings, and materials as employees of
the select committee and subject to the same security
clearance and confidentiality requirements as employees of
the select committee under this clause.
(4)(A) Except as permitted by subdivision (B), a Member,
Delegate, or Resident Commissioner, other than the Speaker or
the Minority Leader, may not serve as a member of the select
committee during more than four Congresses in a period of six
successive Congresses (disregarding for this purpose any
service for less than a full session in a Congress).
(B) A member of the select committee who served as either
the chairman or the ranking minority member of the select
committee in the immediately previous Congress and who did
not serve in that respective capacity in an earlier Congress
may serve as either the chairman or the ranking minority
member of the select committee during one additional
Congress.
(b)(1) There shall be referred to the select committee
proposed legislation, messages, petitions, memorials, and
other matters relating to the following:
(A) The Central Intelligence Agency, the Director of
Central Intelligence, and the National Foreign Intelligence
Program as defined in section 3(6) of the National Security
Act of 1947.
(B) Intelligence and intelligence-related activities of all
other departments and agencies of the Government, including
the tactical intelligence and intelligence-related activities
of the Department of Defense.
(C) The organization or reorganization of a department or
agency of the Government to the extent that the organization
or reorganization relates to a function or activity involving
intelligence or intelligence-related activities.
(D) Authorizations for appropriations, both direct and
indirect, for the following:
(i) The Central Intelligence Agency, the Director of
Central Intelligence, and the National Foreign Intelligence
Program as defined in section 3(6) of the National Security
Act of 1947.
(ii) Intelligence and intelligence-related activities of
all other departments and agencies of the Government,
including the tactical intelligence and intelligence-related
activities of the Department of Defense.
(iii) A department, agency, subdivision, or program that is
a successor to an agency or program named or referred to in
(i) or (ii).
(2) Proposed legislation initially reported by the select
committee (other than provisions solely involving matters
specified in subparagraph (1)(A) or subparagraph (1)(D)(i))
containing any matter otherwise within the jurisdiction of a
standing committee shall be referred by the Speaker to that
standing committee. Proposed legislation initially reported
by another committee that contains matter within the
jurisdiction of the select committee shall be referred by the
Speaker to the select committee if requested by the chairman
of the select committee.
(3) Nothing in this clause shall be construed as
prohibiting or otherwise restricting the authority of any
other committee to study and review an intelligence or
intelligence-related activity to the extent that such
activity directly affects a matter otherwise within the
jurisdiction of that committee.
(4) Nothing in this clause shall be construed as amending,
limiting, or otherwise changing the authority of a standing
committee to obtain full and prompt access to the product of
the intelligence and intelligence-related activities of a
department or agency of the Government relevant to a matter
otherwise within the jurisdiction of that committee.
(c)(1) For purposes of accountability to the House, the
select committee shall make regular and periodic reports to
the House on the nature and extent of the intelligence and
intelligence-related activities of the various departments
and agencies of the United States. The select committee shall
promptly call to the attention of the House, or to any other
appropriate committee, a matter requiring the attention of
the House or another committee. In making such report, the
select committee shall proceed in a manner consistent with
paragraph (g) to protect national security.
(2) The select committee shall obtain annual reports from
the Director of the Central Intelligence Agency, the
Secretary of Defense, the Secretary of State, and the
Director of the Federal Bureau of Investigation. Such reports
shall review the intelligence and intelligence-related
activities of the agency or department concerned and the
intelligence and intelligence-related activities of foreign
countries directed at the United States or its interests. An
unclassified version of each report may be made available to
the public at the discretion of the select committee. Nothing
herein shall be construed as requiring the public disclosure
in such reports of the names of persons engaged in
intelligence or intelligence-related activities for the
United States or the divulging of intelligence methods
employed or the sources of information on which the reports
are based or the amount of funds authorized to be
appropriated for intelligence and intelligence-related
activities.
(3) Within six weeks after the President submits a budget
under section 1105(a) of title 31, United States Code, or at
such time as the Committee on the Budget may request, the
select committee shall submit to the Committee on the Budget
the views and estimates described in section 301(d) of the
[[Page H17]]
Congressional Budget Act of 1974 regarding matters within the
jurisdiction of the select committee.
(d)(1) Except as specified in subparagraph (2), clauses
6(a), (b), and (c) and 8(a), (b), and (c) of this rule, and
clauses 1, 2, and 4 of rule XI shall apply to the select
committee to the extent not inconsistent with this clause.
(2) Notwithstanding the requirements of the first sentence
of clause 2(g)(2) of rule XI, in the presence of the number
of members required under the rules of the select committee
for the purpose of taking testimony or receiving evidence,
the select committee may vote to close a hearing whenever a
majority of those present determines that the testimony or
evidence would endanger the national security.
(e) An employee of the select committee, or a person
engaged by contract or otherwise to perform services for or
at the request of the select committee, may not be given
access to any classified information by the select committee
unless such employee or person has--
(1) agreed in writing and under oath to be bound by the
Rules of the House, including the jurisdiction of the
Committee on Standards of Official Conduct and of the select
committee concerning the security of classified information
during and after the period of his employment or contractual
agreement with the select committee; and
(2) received an appropriate security clearance, as
determined by the select committee in consultation with the
Director of Central Intelligence, that is commensurate with
the sensitivity of the classified information to which such
employee or person will be given access by the select
committee.
(f) The select committee shall formulate and carry out such
rules and procedures as it considers necessary to prevent the
disclosure, without the consent of each person concerned, of
information in the possession of the select committee that
unduly infringes on the privacy or that violates the
constitutional rights of such person. Nothing herein shall be
construed to prevent the select committee from
publicly disclosing classified information in a case in
which it determines that national interest in the
disclosure of classified information clearly outweighs any
infringement on the privacy of a person.
(g)(1) The select committee may disclose publicly any
information in its possession after a determination by the
select committee that the public interest would be served by
such disclosure. With respect to the disclosure of
information for which this paragraph requires action by the
select committee--
(A) the select committee shall meet to vote on the matter
within five days after a member of the select committee
requests a vote; and
(B) a member of the select committee may not make such a
disclosure before a vote by the select committee on the
matter, or after a vote by the select committee on the matter
except in accordance with this paragraph.
(2)(A) In a case in which the select committee votes to
disclose publicly any information that has been classified
under established security procedures, that has been
submitted to it by the executive branch, and that the
executive branch requests be kept secret, the select
committee shall notify the President of such vote.
(B) The select committee may disclose publicly such
information after the expiration of a five-day period
following the day on which notice of the vote to disclose is
transmitted to the President unless, before the expiration of
the five-day period, the President, personally in writing,
notifies the select committee that he objects to the
disclosure of such information, provides his reasons
therefor, and certifies that the threat to the national
interest of the United States posed by the disclosure is of
such gravity that it outweighs any public interest in the
disclosure.
(C) If the President, personally in writing, notifies the
select committee of his objections to the disclosure of
information as provided in subdivision (B), the select
committee may, by majority vote, refer the question of the
disclosure of such information, with a recommendation
thereon, to the House. The select committee may not publicly
disclose such information without leave of the House.
(D) Whenever the select committee votes to refer the
question of disclosure of any information to the House under
subdivision (C), the chairman shall, not later than the first
day on which the House is in session following the day on
which the vote occurs, report the matter to the House for its
consideration.
(E) If the chairman of the select committee does not offer
in the House a motion to consider in closed session a matter
reported under subdivision (D) within four calendar days on
which the House is in session after the recommendation
described in subdivision (C) is reported, then such a motion
shall be privileged when offered by a Member, Delegate, or
Resident Commissioner. In either case such a motion shall be
decided without debate or intervening motion except one that
the House adjourn.
(F) Upon adoption by the House of a motion to resolve into
closed session as described in subdivision (E), the Speaker
may declare a recess subject to the call of the Chair. At the
expiration of the recess, the pending question, in closed
session, shall be, ``Shall the House approve the
recommendation of the select committee?''.
(G) Debate on the question described in subdivision (F)
shall be limited to two hours equally divided and controlled
by the chairman and ranking minority member of the select
committee. After such debate the previous question shall be
considered as ordered on the question of approving the
recommendation without intervening motion except one motion
that the House adjourn. The House shall vote on the question
in open session but without divulging the information with
respect to which the vote is taken. If the recommendation of
the select committee is not approved, then the question is
considered as recommitted to the select committee for further
recommendation.
(3)(A) Information in the possession of the select
committee relating to the lawful intelligence or
intelligence-related activities of a department or agency of
the United States that has been classified under established
security procedures, and that the select committee has
determined should not be disclosed under subparagraph (1) or
(2), may not be made available to any person by a Member,
Delegate, Resident Commissioner, officer, or employee of the
House except as provided in subdivision (B).
(B) The select committee shall, under such regulations as
it may prescribe, make information described in subdivision
(A) available to a committee or a Member, Delegate, or
Resident Commissioner, and permit a Member, Delegate, or
Resident Commissioner to attend a hearing of the select
committee that is closed to the public. Whenever the select
committee makes such information available, it shall keep a
written record showing, in the case of particular
information, which committee or which Member, Delegate, or
Resident Commissioner received the information. A Member,
Delegate, or Resident Commissioner who, and a committee that,
receives information under this subdivision may not disclose
the information except in a closed session of the House.
(4) The Committee on Standards of Official Conduct shall
investigate any unauthorized disclosure of intelligence or
intelligence-related information by a Member, Delegate,
Resident Commissioner, officer, or employee of the House in
violation of subparagraph (3) and report to the House
concerning any allegation that it finds to be substantiated.
(5) Upon the request of a person who is subject to an
investigation described in subparagraph (4), the Committee on
Standards of Official Conduct shall release to such person at
the conclusion of its investigation a summary of its
investigation, together with its findings. If, at the
conclusion of its investigation, the Committee on Standards
of Official Conduct determines that there has been a
significant breach of confidentiality or unauthorized
disclosure by a Member, Delegate, Resident Commissioner,
officer, or employee of the House, it shall report its
findings to the House and recommend appropriate action.
Recommendations may include censure, removal from committee
membership, or expulsion from the House, in the case of a
Member, or removal from office or employment or punishment
for contempt, in the case of an officer or employee.
(h) The select committee may permit a personal
representative of the President, designated by the President
to serve as a liaison to the select committee, to attend any
closed meeting of the select committee.
(i) Subject to the Rules of the House, funds may not be
appropriated for a fiscal year, with the exception of a bill
or joint resolution continuing appropriations, or an
amendment thereto, or a conference report thereon, to, or for
use of, a department or agency of the United States to carry
out any of the following activities, unless the funds shall
previously have been authorized by a bill or joint resolution
passed by the House during the same or preceding fiscal year
to carry out such activity for such fiscal year:
(1) The activities of the Central Intelligence Agency and
the Director of Central Intelligence.
(2) The activities of the Defense Intelligence Agency.
(3) The activities of the National Security Agency.
(4) The intelligence and intelligence-related activities of
other agencies and subdivisions of the Department of Defense.
(5) The intelligence and intelligence-related activities of
the Department of State.
(6) The intelligence and intelligence-related activities of
the Federal Bureau of Investigation, including all activities
of the Intelligence Division.
(j)(1) In this clause the term ``intelligence and
intelligence-related activities'' includes--
(A) the collection, analysis, production, dissemination, or
use of information that relates to a foreign country, or a
government, political group, party, military force, movement,
or other association in a foreign country, and that relates
to the defense, foreign policy, national security, or related
policies of the United States and other activity in support
of the collection, analysis, production, dissemination, or
use of such information;
(B) activities taken to counter similar activities directed
against the United States;
(C) covert or clandestine activities affecting the
relations of the United States with a foreign government,
political group, party, military force, movement, or other
association;
(D) the collection, analysis, production, dissemination, or
use of information about activities of persons within the
United States, its territories and possessions, or nationals
of the United States abroad whose political and related
activities pose, or may
[[Page H18]]
be considered by a department, agency, bureau, office,
division, instrumentality, or employee of the United States
to pose, a threat to the internal security of the United
States; and
(E) covert or clandestine activities directed against
persons described in subdivision (D).
(2) In this clause the term ``department or agency''
includes any organization, committee, council, establishment,
or office within the Federal Government.
(3) For purposes of this clause, reference to a department,
agency, bureau, or subdivision shall include a reference to
any successor department, agency, bureau, or subdivision to
the extent that a successor engages in intelligence or
intelligence-related activities now conducted by the
department, agency, bureau, or subdivision referred to in
this clause.
(k) Clause 12(a) of rule XXII does not apply to meetings of
a conference committee respecting legislation (or any part
thereof) reported by the Permanent Select Committee on
Intelligence.
RULE XI.
Procedures of Committees and Unfinished Business.
In general
1. (a)(1)(A) Except as provided in subdivision (B), the
Rules of the House are the rules of its committees and
subcommittees so far as applicable.
(B) A motion to recess from day to day, and a motion to
dispense with the first reading (in full) of a bill or
resolution, if printed copies are available, each shall be
privileged in committees and subcommittees and shall be
decided without debate.
(2) 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.
(b)(1) Each committee may conduct at any time such
investigations and studies as it considers necessary or
appropriate in the exercise of its responsibilities under
rule X. Subject to the adoption of expense resolutions as
required by clause 6 of rule X, each committee may incur
expenses, including travel expenses, in connection with such
investigations and studies.
(2) A proposed investigative or oversight report shall be
considered as read in committee if it has been available to
the members for at least 24 hours (excluding Saturdays,
Sundays, or legal holidays except when the House is in
session on such a day).
(3) A report of an investigation or study conducted jointly
by more than one committee may be filed jointly, provided
that each of the committees complies independently with all
requirements for approval and filing of the report.
(4) After an adjournment sine die of the last regular
session of a Congress, an investigative or oversight report
may be filed with the Clerk at any time, provided that a
member who gives timely notice of intention to file
supplemental, minority, or additional views shall be entitled
to not less than seven calendar days in which to submit such
views for inclusion in the report.
(c) Each committee may have printed and bound such
testimony and other data as may be presented at hearings held
by the committee or its subcommittees. All costs of
stenographic services and transcripts in connection with a
meeting or hearing of a committee shall be paid from the
applicable accounts of the House described in clause 1(i)(1)
of rule X.
(d)(1) Each committee shall submit to the House not later
than January 2 of each odd-numbered year a report on the
activities of that committee under this rule and rule X
during the Congress ending at noon on January 3 of such year.
(2) Such report shall include separate sections summarizing
the legislative and oversight activities of that committee
during that Congress.
(3) The oversight section of such report shall include a
summary of the oversight plans submitted by the committee
under clause 2(d) of rule X, a summary of the actions taken
and recommendations made with respect to each such plan, a
summary of any additional oversight activities undertaken by
that committee, and any recommendations made or actions taken
thereon.
(4) After an adjournment sine die of the last regular
session of a Congress, the chairman of a committee may file
an activities report under subparagraph (1) with the Clerk at
any time and without approval of the committee, provided
that--
(A) a copy of the report has been available to each member
of the committee for at least seven calendar days; and
(B) the report includes any supplemental, minority, or
additional views submitted by a member of the committee.
Adoption of written rules
2. (a)(1) Each standing committee shall adopt written rules
governing its procedure. Such rules--
(A) shall be adopted in a meeting that is open to the
public unless the committee, in open session and with a
quorum present, determines by record vote that all or part of
the meeting on that day shall be closed to the public;
(B) may not be inconsistent with the Rules of the House or
with those provisions of law having the force and effect of
Rules of the House; and
(C) shall in any event incorporate all of the succeeding
provisions of this clause to the extent applicable.
(2) Each committee shall submit its rules for publication
in the Congressional Record not later than 30 days after the
committee is elected in each odd-numbered year.
Regular meeting days
(b) Each standing committee shall establish regular meeting
days for the conduct of its business, which shall be not less
frequent than monthly. Each such committee shall meet for the
consideration of a bill or resolution pending before the
committee or the transaction of other committee business on
all regular meeting days fixed by the committee unless
otherwise provided by written rule adopted by the committee.
Additional and special meetings
(c)(1) The chairman of each standing committee may call and
convene, as he considers necessary, additional and special
meetings of the committee for the consideration of a bill or
resolution pending before the committee or for the conduct of
other committee business, subject to such rules as the
committee may adopt. The committee shall meet for such
purpose under that call of the chairman.
(2) Three or more members of a standing committee may file
in the offices of the committee a written request that the
chairman call a special meeting of the committee. Such
request shall specify the measure or matter to be considered.
Immediately upon the filing of the request, the clerk of the
committee shall notify the chairman of the filing of the
request. If the chairman does not call the requested special
meeting within three calendar days after the filing of the
request (to be held within seven calendar days after the
filing of the request) a majority of the members of the
committee may file in the offices of the committee their
written notice that a special meeting of the committee will
be held. The written notice shall specify the date and hour
of the special meeting and the measure or matter to be
considered. The committee shall meet on that date and hour.
Immediately upon the filing of the notice, the clerk of the
committee shall notify all members of the committee that such
special meeting will be held and inform them of its date and
hour and the measure or matter to be considered. Only the
measure or matter specified in that notice may be considered
at that special meeting.
Temporary absence of chairman
(d) A member of the majority party on each standing
committee or subcommittee thereof shall be designated by the
chairman of the full committee as the vice chairman of the
committee or subcommittee, as the case may be, and shall
preside during the absence of the chairman from any meeting.
If the chairman and vice chairman of a committee or
subcommittee are not present at any meeting of the committee
or subcommittee, the ranking majority member who is present
shall preside at that meeting.
Committee records
(e)(1)(A) Each committee shall keep a complete record of
all committee action which shall include--
(i) in the case of a meeting or hearing transcript, a
substantially verbatim account of remarks actually made
during the proceedings, subject only to technical,
grammatical, and typographical corrections authorized by the
person making the remarks involved; and
(ii) a record of the votes on any question on which a
record vote is demanded.
(B)(i) Except as provided in subdivision (B)(ii) and
subject to paragraph (k)(7), the result of each such record
vote shall be made available by the committee for inspection
by the public at reasonable times in its offices. Information
so available for public inspection shall include a
description of the amendment, motion, order, or other
proposition, the name of each member voting for and each
member voting against such amendment, motion, order, or
proposition, and the names of those members of the committee
present but not voting.
(ii) The result of any record vote taken in executive
session in the Committee on Standards of Official Conduct may
not be made available for inspection by the public without an
affirmative vote of a majority of the members of the
committee.
(2)(A) Except as provided in subdivision (B), all committee
hearings, records, data, charts, and files shall be kept
separate and distinct from the congressional office records
of the member serving as its chairman. Such records shall be
the property of the House, and each Member, Delegate, and the
Resident Commissioner shall have access thereto.
(B) A Member, Delegate, or Resident Commissioner, other
than members of the Committee on Standards of Official
Conduct, may not have access to the records of that committee
respecting the conduct of a Member, Delegate, Resident
Commissioner, officer, or employee of the House without the
specific prior permission of that committee.
(3) Each committee shall include in its rules standards for
availability of records of the committee delivered to the
Archivist of the United States under rule VII. Such standards
shall specify procedures for orders of the committee under
clause 3(b)(3) and clause 4(b) of rule VII, including a
requirement that nonavailability of a record for a period
longer than the period otherwise applicable under that rule
shall be approved by vote of the committee.
(4) Each committee shall make its publications available in
electronic form to the maximum extent feasible.
[[Page H19]]
Prohibition against proxy voting
(f) A vote by a member of a committee or subcommittee with
respect to any measure or matter may not be cast by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction of business,
including the markup of legislation, by a standing committee
or subcommittee thereof (other than the Committee on
Standards of Official Conduct or its subcommittee) shall be
open to the public, including to radio, television, and still
photography coverage, except when the committee or
subcommittee, in open session and with a majority present,
determines by record vote that all or part of the remainder
of the meeting on that day shall be in executive session
because disclosure of matters to be considered would endanger
national security, would compromise sensitive law enforcement
information, would tend to defame, degrade, or incriminate
any person, or otherwise would violate a law or rule of the
House. Persons, other than members of the committee and such
noncommittee Members, Delegates, Resident Commissioner,
congressional staff, or departmental representatives as the
committee may authorize, may not be present at a business or
markup session that is held in executive session. This
subparagraph does not apply to open committee hearings, which
are governed by clause 4(a)(1) of rule X or by subparagraph
(2).
(2)(A) Each hearing conducted by a committee or
subcommittee (other than the Committee on Standards of
Official Conduct or its subcommittees) shall be open to the
public, including to radio, television, and still photography
coverage, except when the committee or subcommittee, in open
session and with a majority present, determines by record
vote that all or part of the remainder of that hearing on
that day shall be closed to the public because disclosure of
testimony, evidence, or other matters to be considered would
endanger national security, would compromise sensitive law
enforcement information, or would violate a law or rule of
the House.
(B) Notwithstanding the requirements of subdivision (A), in
the presence of the number of members required under the
rules of the committee for the purpose of taking testimony, a
majority of those present may--
(i) agree to close the hearing for the sole purpose of
discussing whether testimony or evidence to be received would
endanger national security, would compromise sensitive law
enforcement information, or would violate clause 2(k)(5); or
(ii) agree to close the hearing as provided in clause
2(k)(5).
(C) A Member, Delegate, or Resident Commissioner may not be
excluded from nonparticipatory attendance at a hearing of a
committee or subcommittee (other than the Committee on
Standards of Official Conduct or its subcommittees) unless
the House by majority vote authorizes a particular committee
or subcommittee, for purposes of a particular series of
hearings on a particular article of legislation or on a
particular subject of investigation, to close its hearings to
Members, Delegates, and the Resident Commissioner by the same
procedures specified in this subparagraph for closing
hearings to the public.
(D) The committee or subcommittee may vote by the same
procedure described in this subparagraph to close one
subsequent day of hearing, except that the Committee on
Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence, and the
subcommittees thereof, may vote by the same procedure to
close up to five additional, consecutive days of hearings.
(3) The chairman of each committee (other than the
Committee on Rules) shall make public announcement of the
date, place, and subject matter of a committee hearing at
least one week before the commencement of the hearing. If the
chairman of the committee, with the concurrence of the
ranking minority member, determines that there is good cause
to begin a hearing sooner, or if the committee so determines
by majority vote in the presence of the number of members
required under the rules of the committee for the transaction
of business, the chairman shall make the announcement at the
earliest possible date. An announcement made under this
subparagraph shall be published promptly in the Daily Digest
and made available in electronic form.
(4) Each committee shall, to the greatest extent
practicable, require witnesses who appear before it to submit
in advance written statements of proposed testimony and to
limit their initial presentations to the committee to brief
summaries thereof. In the case of a witness appearing in a
nongovernmental capacity, a written statement of proposed
testimony shall include a curriculum vitae and a disclosure
of the amount and source (by agency and program) of each
Federal grant (or subgrant thereof) or contract (or
subcontract thereof) received during the current fiscal year
or either of the two previous fiscal years by the witness or
by an entity represented by the witness.
(5)(A) Except as provided in subdivision (B), a point of
order does not lie with respect to a measure reported by a
committee on the ground that hearings on such measure were
not conducted in accordance with this clause.
(B) A point of order on the ground described in subdivision
(A) may be made by a member of the committee that reported
the measure if such point of order was timely made and
improperly disposed of in the committee.
(6) This paragraph does not apply to hearings of the
Committee on Appropriations under clause 4(a)(1) of rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be reported by a
committee unless a majority of the committee is actually
present.
(2) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving
evidence, which may not be less than two.
(3) Each committee (other than the Committee on
Appropriations, the Committee on the Budget, and the
Committee on Ways and Means) may fix the number of its
members to constitute a quorum for taking any action other
than the reporting of a measure or recommendation, which may
not be less than one-third of the members.
Limitation on committee sittings
(i) A committee may not sit during a joint session of the
House and Senate or during a recess when a joint meeting of
the House and Senate is in progress.
Calling and questioning of witnesses
(j)(1) Whenever a hearing is conducted by a committee on a
measure or matter, the minority members of the committee
shall be entitled, upon request to the chairman by a majority
of them before the completion of the hearing, to call
witnesses selected by the minority to testify with respect to
that measure or matter during at least one day of hearing
thereon.
(2)(A) Subject to subdivisions (B) and (C), each committee
shall apply the five-minute rule during the questioning of
witnesses in a hearing until such time as each member of the
committee who so desires has had an opportunity to question
each witness.
(B) A committee may adopt a rule or motion permitting a
specified number of its members to question a witness for
longer than five minutes. The time for extended questioning
of a witness under this subdivision shall be equal for the
majority party and the minority party and may not exceed one
hour in the aggregate.
(C) A committee may adopt a rule or motion permitting
committee staff for its majority and minority party members
to question a witness for equal specified periods. The time
for extended questioning of a witness under this subdivision
shall be equal for the majority party and the minority party
and may not exceed one hour in the aggregate.
Investigative hearing procedures
(k)(1) The chairman at an investigative hearing shall
announce in an opening statement the subject of the
investigation.
(2) A copy of the committee rules and of this clause shall
be made available to each witness.
(3) Witnesses at investigative hearings may be accompanied
by their own counsel for the purpose of advising them
concerning their constitutional rights.
(4) The chairman may punish breaches of order and decorum,
and of professional ethics on the part of counsel, by censure
and exclusion from the hearings; and the committee may cite
the offender to the House for contempt.
(5) Whenever it is asserted that the evidence or testimony
at an investigative hearing may tend to defame, degrade, or
incriminate any person--
(A) notwithstanding paragraph (g)(2), such testimony or
evidence shall be presented in executive session if, in the
presence of the number of members required under the rules of
the committee for the purpose of taking testimony, the
committee determines by vote of a majority of those present
that such evidence or testimony may tend to defame, degrade,
or incriminate any person; and
(B) the committee shall proceed to receive such testimony
in open session only if the committee, a majority being
present, determines that such evidence or testimony will not
tend to defame, degrade, or incriminate any person.
In either case the committee shall afford such person an
opportunity voluntarily to appear as a witness, and receive
and dispose of requests from such person to subpoena
additional witnesses.
(6) Except as provided in subparagraph (5), the chairman
shall receive and the committee shall dispose of requests to
subpoena additional witnesses.
(7) Evidence or testimony taken in executive session, and
proceedings conducted in executive session, may be released
or used in public sessions only when authorized by the
committee, a majority being present.
(8) In the discretion of the committee, witnesses may
submit brief and pertinent sworn statements in writing for
inclusion in the record. The committee is the sole judge of
the pertinence of testimony and evidence adduced at its
hearing.
(9) A witness may obtain a transcript copy of his testimony
given at a public session or, if given at an executive
session, when authorized by the committee.
Supplemental, minority, or additional views
(l) If at the time of approval of a measure or matter by a
committee (other than the Committee on Rules) a member of the
committee gives notice of intention to file supplemental,
minority, or additional views for inclusion in the report to
the House thereon, that member shall be entitled to not less
than two additional calendar days after the
[[Page H20]]
day of such notice (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such a day)
to file such views, in writing and signed by that member,
with the clerk of the committee.
Power to sit and act; subpoena power
(m)(1) For the purpose of carrying out any of its functions
and duties under this rule and rule X (including any matters
referred to it under clause 2 of rule XII), a committee or
subcommittee is authorized (subject to subparagraph (2)(A))--
(A) to sit and act at such times and places within the
United States, whether the House is in session, has recessed,
or has adjourned, and to hold such hearings as it considers
necessary; and
(B) to require, by subpoena or otherwise, the attendance
and testimony of such witnesses and the production of such
books, records, correspondence, memoranda, papers, and
documents as it considers necessary.
(2) The chairman of the committee, or a member designated
by the chairman, may administer oaths to witnesses.
(3)(A)(i) Except as provided in subdivision (A)(ii), a
subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of an
investigation or series of investigations or activities only
when authorized by the committee or subcommittee, a majority
being present. The power to authorize and issue subpoenas
under subparagraph (1)(B) may be delegated to the chairman of
the committee under such rules and under such limitations as
the committee may prescribe. Authorized subpoenas shall be
signed by the chairman of the committee or by a member
designated by the committee.
(ii) In the case of a subcommittee of the Committee on
Standards of Official Conduct, a subpoena may be authorized
and issued only by an affirmative vote of a majority of its
members.
(B) A subpoena duces tecum may specify terms of return
other than at a meeting or hearing of the committee or
subcommittee authorizing the subpoena.
(C) Compliance with a subpoena issued by a committee or
subcommittee under subparagraph (1)(B) may be enforced only
as authorized or directed by the House.
Committee on Standards of Official Conduct
3. (a) The Committee on Standards of Official Conduct has
the following functions:
(1) The committee may recommend to the House from time to
time such administrative actions as it may consider
appropriate to establish or enforce standards of official
conduct for Members, Delegates, the Resident Commissioner,
officers, and employees of the House. A letter of reproval or
other administrative action of the committee pursuant to an
investigation under subparagraph (2) shall only be issued or
implemented as a part of a report required by such
subparagraph.
(2) The committee may investigate, subject to paragraph
(b), an alleged violation by a Member, Delegate, Resident
Commissioner, officer, or employee of the House of the Code
of Official Conduct or of a law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member,
Delegate, Resident Commissioner, officer, or employee in the
performance of his duties or the discharge of his
responsibilities. After notice and hearing (unless the right
to a hearing is waived by the Member, Delegate, Resident
Commissioner, officer or employee), the committee shall
report to the House its findings of fact and recommendations,
if any, for the final disposition of any such investigation
and such action as the committee may consider appropriate in
the circumstances.
(3) The committee may report to the appropriate Federal or
State authorities, either with the approval of the House or
by an affirmative vote of two-thirds of the members of the
committee, any substantial evidence of a violation by a
Member, Delegate, Resident Commissioner, officer, or employee
of the House, of a law applicable to the performance of his
duties or the discharge of his responsibilities that may have
been disclosed in a committee investigation.
(4) The committee may consider the request of a Member,
Delegate, Resident Commissioner, officer, or employee of the
House for an advisory opinion with respect to the general
propriety of any current or proposed conduct of such Member,
Delegate, Resident Commissioner, officer, or employee. With
appropriate deletions to ensure the privacy of the person
concerned, the committee may publish such opinion for the
guidance of other Members, Delegates, the Resident
Commissioner, officers, and employees of the House.
(5) The committee may consider the request of a Member,
Delegate, Resident Commissioner, officer, or employee of the
House for a written waiver in exceptional circumstances with
respect to clause 4 of rule XXIV.
(b)(1)(A) Unless approved by an affirmative vote of a
majority of its members, the Committee on Standards of
Official Conduct may not report a resolution, report,
recommendation, or advisory opinion relating to the official
conduct of a Member, Delegate, Resident Commissioner, officer
or employee of the House, or, except as provided in
subparagraph (2), undertake an investigation of such conduct.
(B)(i) Upon the receipt of information offered as a
complaint that is in compliance with this rule and the rules
of the committee, the chairman and ranking minority member
jointly may appoint members to serve as an investigative
subcommittee.
(ii) The chairman and ranking minority member of the
committee jointly may gather additional information
concerning alleged conduct that is the basis of a complaint
or of information offered as a complaint until they have
established an investigative subcommittee or either of them
has placed on the agenda of the committee the issue of
whether to establish an investigative subcommittee.
(2) Except in the case of an investigation undertaken by
the committee on its own initiative, the committee may
undertake an investigation relating to the official conduct
of an individual Member, Delegate, Resident Commissioner,
officer, or employee of the House only--
(A) upon receipt of information offered as a complaint, in
writing and under oath, from a Member, Delegate, or Resident
Commissioner and transmitted to the committee by such Member,
Delegate, or Resident Commissioner; or
(B) upon receipt of information offered as a complaint, in
writing and under oath, from a person not a Member, Delegate,
or Resident Commissioner provided that a Member, Delegate, or
Resident Commissioner certifies in writing to the committee
that he believes the information is submitted in good faith
and warrants the review and consideration of the committee.
If a complaint is not disposed of within the applicable
periods set forth in the rules of the Committee on Standards
of Official Conduct, the chairman and ranking minority member
shall establish jointly 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.
(3) The committee may not undertake an investigation of an
alleged violation of a law, rule, regulation, or standard of
conduct that was not in effect at the time of the alleged
violation. The committee may not undertake an investigation
of such an alleged violation that occurred before the third
previous Congress unless the committee determines that the
alleged violation is directly related to an alleged violation
that occurred in a more recent Congress.
(4) A member of the committee shall be ineligible to
participate as a member of the committee in a committee
proceeding relating to the member's official conduct.
Whenever a member of the committee is ineligible to act as a
member of the committee under the preceding sentence, the
Speaker shall designate a Member, Delegate, or Resident
Commissioner from the same political party as the ineligible
member to act in any proceeding of the committee relating to
that conduct.
(5) A member of the committee may disqualify himself from
participating in an investigation of the conduct of a Member,
Delegate, Resident Commissioner, officer, or employee of the
House upon the submission in writing and under oath of an
affidavit of disqualification stating that the member cannot
render an impartial and unbiased decision in the case in
which the member seeks to be disqualified. If the committee
approves and accepts such affidavit of disqualification, the
chairman shall so notify the Speaker and request the Speaker
to designate a Member, Delegate, or Resident Commissioner
from the same political party as the disqualifying member to
act in any proceeding of the committee relating to that
case.
(6) Information or testimony received, or the contents of a
complaint or the fact of its filing, may not be publicly
disclosed by any committee or staff member unless
specifically authorized in each instance by a vote of the
full committee.
(7) The committee shall have the functions designated in
titles I and V of the Ethics in Government Act of 1978, in
sections 7342, 7351, and 7353 of title 5, United States Code,
and in clause 11(g)(4) of rule X.
(c)(1) Notwithstanding clause 2(g)(1) of rule XI, each
meeting of the Committee on Standards of Official Conduct or
a subcommittee thereof shall occur in executive session
unless the committee or subcommittee, by an affirmative vote
of a majority of its members, opens the meeting to the
public.
(2) Notwithstanding clause 2(g)(2) of rule XI, each hearing
of an adjudicatory subcommittee or sanction hearing of the
Committee on Standards of Official Conduct shall be held in
open session unless the committee or subcommittee, in open
session by an affirmative vote of a majority of its members,
closes all or part of the remainder of the hearing on that
day to the public.
(d) Before a member, officer, or employee of the Committee
on Standards of Official Conduct, including members of a
subcommittee of the committee selected under clause 5(a)(4)
of rule X and shared staff, may have access to information
that is confidential under the rules of the committee, the
following oath (or affirmation) shall be executed:
``I do solemnly swear (or affirm) that I will not disclose,
to any person or entity outside the Committee on Standards of
Official Conduct, any information received in the course of
my service with the committee, except as authorized by the
committee or in accordance with its rules.''
Copies of the executed oath shall be retained by the Clerk as
part of the records of the
[[Page H21]]
House. This paragraph establishes a standard of conduct
within the meaning of paragraph (a)(2). Breaches of
confidentiality shall be investigated by the Committee on
Standards of Official Conduct and appropriate action shall be
taken.
(e)(1) If a complaint or information offered as a complaint
is deemed frivolous by an affirmative vote of a majority of
the members of the Committee on Standards of Official
Conduct, the committee may take such action as it, by an
affirmative vote of a majority of its members, considers
appropriate in the circumstances.
(2) Complaints filed before the One Hundred Fifth Congress
may not be deemed frivolous by the Committee on Standards of
Official Conduct.
Audio and visual coverage of committee proceedings
4. (a) The purpose of this clause is to provide a means, in
conformity with acceptable standards of dignity, propriety,
and decorum, by which committee hearings or committee
meetings that are open to the public may be covered by audio
and visual means--
(1) for the education, enlightenment, and information of
the general public, on the basis of accurate and impartial
news coverage, regarding the operations, procedures, and
practices of the House as a legislative and representative
body, and regarding the measures, public issues, and other
matters before the House and its committees, the
consideration thereof, and the action taken thereon; and
(2) for the development of the perspective and
understanding of the general public with respect to the role
and function of the House under the Constitution as an
institution of the Federal Government.
(b) In addition, it is the intent of this clause that radio
and television tapes and television film of any coverage
under this clause may not be used, or made available for use,
as partisan political campaign material to promote or oppose
the candidacy of any person for elective public office.
(c) It is, further, the intent of this clause that the
general conduct of each meeting (whether of a hearing or
otherwise) covered under authority of this clause by audio or
visual means, and the personal behavior of the committee
members and staff, other Government officials and personnel,
witnesses, television, radio, and press media personnel, and
the general public at the hearing or other meeting, shall be
in strict conformity with and observance of the acceptable
standards of dignity, propriety, courtesy, and decorum
traditionally observed by the House in its operations, and
may not be such as to--
(1) distort the objects and purposes of the hearing or
other meeting or the activities of committee members in
connection with that hearing or meeting or in connection with
the general work of the committee or of the House; or
(2) cast discredit or dishonor on the House, the committee,
or a Member, Delegate, or Resident Commissioner or bring the
House, the committee, or a Member, Delegate, or Resident
Commissioner into disrepute.
(d) The coverage of committee hearings and meetings by
audio and visual means shall be permitted and conducted only
in strict conformity with the purposes, provisions, and
requirements of this clause.
(e) Whenever a hearing or meeting conducted by a committee
or subcommittee is open to the public, those proceedings
shall be open to coverage by audio and visual means. A
committee or subcommittee chairman may not limit the number
of television or still cameras to fewer than two
representatives from each medium (except for legitimate space
or safety considerations, in which case pool coverage shall
be authorized).
(f) Each committee shall adopt written rules to govern its
implementation of this clause. Such rules shall contain
provisions to the following effect:
(1) If audio or visual coverage of the hearing or meeting
is to be presented to the public as live coverage, that
coverage shall be conducted and presented without commercial
sponsorship.
(2) The allocation among the television media of the
positions or the number of television cameras permitted by a
committee or subcommittee chairman in a hearing or meeting
room shall be in accordance with fair and equitable
procedures devised by the Executive Committee of the Radio
and Television Correspondents' Galleries.
(3) Television cameras shall be placed so as not to
obstruct in any way the space between a witness giving
evidence or testimony and any member of the committee or the
visibility of that witness and that member to each other.
(4) Television cameras shall operate from fixed positions
but may not be placed in positions that obstruct
unnecessarily the coverage of the hearing or meeting by the
other media.
(5) Equipment necessary for coverage by the television and
radio media may not be installed in, or removed from, the
hearing or meeting room while the committee is in session.
(6)(A) Except as provided in subdivision (B), floodlights,
spotlights, strobelights, and flashguns may not be used in
providing any method of coverage of the hearing or meeting.
(B) The television media may install additional lighting in
a hearing or meeting room, without cost to the Government, in
order to raise the ambient lighting level in a hearing or
meeting room to the lowest level necessary to provide
adequate television coverage of a hearing or meeting at the
current state of the art of television coverage.
(7) In the allocation of the number of still photographers
permitted by a committee or subcommittee chairman in a
hearing or meeting room, preference shall be given to
photographers from Associated Press Photos and United Press
International Newspictures. If requests are made by more of
the media than will be permitted by a committee or
subcommittee chairman for coverage of a hearing or meeting by
still photography, that coverage shall be permitted on the
basis of a fair and equitable pool arrangement devised by the
Standing Committee of Press Photographers.
(8) Photographers may not position themselves between the
witness table and the members of the committee at any time
during the course of a hearing or meeting.
(9) Photographers may not place themselves in positions
that obstruct unnecessarily the coverage of the hearing by
the other media.
(10) Personnel providing coverage by the television and
radio media shall be currently accredited to the Radio and
Television Correspondents' Galleries.
(11) Personnel providing coverage by still photography
shall be currently accredited to the Press Photographers'
Gallery.
(12) Personnel providing coverage by the television and
radio media and by still photography shall conduct themselves
and their coverage activities in an orderly and unobtrusive
manner.
Pay of witnesses
5. Witnesses appearing before the House or any of its
committees shall be paid the same per diem rate as
established, authorized, and regulated by the Committee on
House Administration for Members, Delegates, the Resident
Commissioner, and employees of the House, plus actual
expenses of travel to or from the place of examination. Such
per diem may not be paid when a witness has been summoned at
the place of examination.
Unfinished business of the session
6. All business of the House at the end of one session
shall be resumed at the commencement of the next session of
the same Congress in the same manner as if no adjournment had
taken place.
RULE XII.
Receipt and Referral of Measures and Matters.
Messages
1. Messages received from the Senate, or from the
President, shall be entered on the Journal and published in
the Congressional Record of the proceedings of that day.
Referral
2. (a) The Speaker shall refer each bill, resolution, or
other matter that relates to a subject listed under a
standing committee named in clause 1 of rule X in accordance
with the provisions of this clause.
(b) The Speaker shall refer matters under paragraph (a) in
such manner as to ensure to the maximum extent feasible that
each committee that has jurisdiction under clause 1 of rule X
over the subject matter of a provision thereof may consider
such provision and report to the House thereon. Precedents,
rulings, or procedures in effect before the Ninety-Fourth
Congress shall be applied to referrals under this clause only
to the extent that they will contribute to the achievement of
the objectives of this clause.
(c) In carrying out paragraphs (a) and (b) with respect to
the referral of a matter, the Speaker--
(1) shall designate a committee of primary jurisdiction;
(2) may refer the matter to one or more additional
committees for consideration in sequence, either initially or
after the matter has been reported by the committee of
primary jurisdiction;
(3) may refer portions of the matter reflecting different
subjects and jurisdictions to one or more additional
committees;
(4) may refer the matter to a special, ad hoc committee
appointed by the Speaker with the approval of the House, and
including members of the committees of jurisdiction, for the
specific purpose of considering that matter and reporting to
the House thereon;
(5) may subject a referral to appropriate time limitations;
and
(6) may make such other provision as may be considered
appropriate.
(d) A bill for the payment or adjudication of a private
claim against the Government may not be referred to a
committee other than the Committee on International Relations
or the Committee on the Judiciary, except by unanimous
consent.
Petitions, memorials, and private bills
3. If a Member, Delegate, or Resident Commissioner has a
petition, memorial, or private bill to present, he shall
endorse his name, deliver it to the Clerk, and may specify
the reference or disposition to be made thereof. Such
petition, memorial, or private bill (except when judged by
the Speaker to be obscene or insulting) shall be entered on
the Journal with the name of the Member, Delegate, or
Resident Commissioner presenting it and shall be printed in
the Congressional Record.
4. A private bill or private resolution (including an
omnibus claim or pension bill), or amendment thereto, may not
be received or
[[Page H22]]
considered in the House if it authorizes or directs--
(a) the payment of money for property damages, for personal
injuries or death for which suit may be instituted under the
Tort Claims Procedure provided in title 28, United States
Code, or for a pension (other than to carry out a provision
of law or treaty stipulation);
(b) the construction of a bridge across a navigable stream;
or
(c) the correction of a military or naval record.
Prohibition on commemorations
5. (a) A bill or resolution, or an amendment thereto, may
not be introduced or considered in the House if it
establishes or expresses a commemoration.
(b) In this clause the term ``commemoration'' means a
remembrance, celebration, or recognition for any purpose
through the designation of a specified period of time.
Excluded matters
6. A petition, memorial, bill, or resolution excluded under
this rule shall be returned to the Member, Delegate, or
Resident Commissioner from whom it was received. A petition
or private bill that has been inappropriately referred may,
by direction of the committee having possession of it, be
properly referred in the manner originally presented. An
erroneous reference of a petition or private bill under this
clause does not confer jurisdiction on a committee to
consider or report it.
Sponsorship
7. (a) All other bills, memorials, petitions, and
resolutions, endorsed with the names of Members, Delegates,
or the Resident Commissioner introducing them, may be
delivered to the Speaker to be referred. The titles and
references of all bills, memorials, petitions, resolutions,
and other documents referred under this rule shall be entered
on the Journal and printed in the Congressional Record. An
erroneous reference may be corrected by the House in
accordance with rule X on any day immediately after the
Pledge of Allegiance to the Flag by unanimous consent or
motion. Such a motion shall be privileged if offered by
direction of a committee to which the bill has been
erroneously referred or by direction of a committee claiming
jurisdiction and shall be decided without debate.
(b)(1) The primary sponsor of a public bill or public
resolution may name cosponsors. The name of a cosponsor added
after the initial printing of a bill or resolution shall
appear in the next printing of the bill or resolution on the
written request of the primary sponsor. Such a request may be
submitted to the Speaker at any time until the last committee
authorized to consider and report the bill or resolution
reports it to the House or is discharged from its
consideration.
(2) The name of a cosponsor of a bill or resolution may be
deleted by unanimous consent. The Speaker may entertain such
a request only by the Member, Delegate, or Resident
Commissioner whose name is to be deleted or by the primary
sponsor of the bill or resolution, and only until the last
committee authorized to consider and report the bill or
resolution reports it to the House or is discharged from its
consideration. The Speaker may not entertain a request to
delete the name of the primary sponsor of a bill or
resolution. A deletion shall be indicated by date in the next
printing of the bill or resolution.
(3) The addition or deletion of the name of a cosponsor of
a bill or resolution shall be entered on the Journal and
printed in the Congressional Record of that day.
(4) A bill or resolution shall be reprinted on the written
request of the primary sponsor. Such a request may be
submitted to the Speaker only when 20 or more cosponsors have
been added since the last printing of the bill or resolution.
(5) When a bill or resolution is introduced ``by request,''
those words shall be entered on the Journal and printed in
the Congressional Record.
Executive communications
8. Estimates of appropriations and all other communications
from the executive departments intended for the consideration
of any committees of the House shall be addressed to the
Speaker for referral as provided in clause 2 of rule XIV.
RULE XIII.
Calendars and Committee Reports.
Calendars
1. (a) All business reported by committees shall be
referred to one of the following three calendars:
(1) A Calendar of the Committee of the Whole House on the
state of the Union, to which shall be referred public bills
and public resolutions raising revenue, involving a tax or
charge on the people, directly or indirectly making
appropriations of money or property or requiring such
appropriations to be made, authorizing payments out of
appropriations already made, releasing any liability to the
United States for money or property, or referring a claim to
the Court of Claims.
(2) A House Calendar, to which shall be referred all public
bills and public resolutions not requiring referral to the
Calendar of the Committee of the Whole House on the state of
the Union.
(3) A Private Calendar as provided in clause 5 of rule XV,
to which shall be referred all private bills and private
resolutions.
(b) There is established a Corrections Calendar as provided
in clause 6 of rule XV.
(c) There is established a Calendar of Motions to Discharge
Committees as provided in clause 2 of rule XV.
Filing and printing of reports
2. (a)(1) Except as provided in subparagraph (2), all
reports of committees (other than those filed from the floor
as privileged) shall be delivered to the Clerk for printing
and reference to the proper calendar under the direction of
the Speaker in accordance with clause 1. The title or subject
of each report shall be entered on the Journal and printed in
the Congressional Record.
(2) A bill or resolution reported adversely shall be laid
on the table unless a committee to which the bill or
resolution was referred requests at the time of the report
its referral to an appropriate calendar under clause 1 or
unless, within three days thereafter, a Member, Delegate, or
Resident Commissioner makes such a request.
(b)(1) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
House a measure or matter approved by the committee and to
take or cause to be taken steps necessary to bring the
measure or matter to a vote.
(2) In any event, the report of a committee on a measure
that has been approved by the committee shall be filed within
seven calendar days (exclusive of days on which the House is
not in session) after the day on which a written request for
the filing of the report, signed by a majority of the members
of the committee, has been filed with the clerk of the
committee. The clerk of the committee shall immediately
notify the chairman of the filing of such a request. This
subparagraph does not apply to a report of the Committee
on Rules with respect to a rule, joint rule, or order of
business of the House, or to the reporting of a resolution
of inquiry addressed to the head of an executive
department.
(c) All supplemental, minority, or additional views filed
under clause 2(l) of rule XI by one or more members of a
committee shall be included in, and shall be a part of, the
report filed by the committee with respect to a measure or
matter. When time guaranteed by clause 2(l) of rule XI has
expired (or, if sooner, when all separate views have been
received), the committee may arrange to file its report with
the Clerk not later than one hour after the expiration of
such time. This clause and provisions of clause 2(l) of rule
XI do not preclude the immediate filing or printing of a
committee report in the absence of a timely request for the
opportunity to file supplemental, minority, or additional
views as provided in clause 2(l) of rule XI.
Content of reports
3. (a)(1) Except as provided in subparagraph (2), the
report of a committee on a measure or matter shall be printed
in a single volume that--
(A) shall include all supplemental, minority, or additional
views that have been submitted by the time of the filing of
the report; and
(B) shall bear on its cover a recital that any such
supplemental, minority, or additional views (and any material
submitted under paragraph (c)(3) or (4)) are included as part
of the report.
(2) A committee may file a supplemental report for the
correction of a technical error in its previous report on a
measure or matter.
(b) With respect to each record vote on a motion to report
a measure or matter of a public nature, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of members voting for and
against, shall be included in the committee report. The
preceding sentence does not apply to votes taken in executive
session by the Committee on Standards of Official Conduct.
(c) The report of a committee on a measure that has been
approved by the committee shall include, separately set out
and clearly identified, the following:
(1) Oversight findings and recommendations under clause
2(b)(1) of rule X.
(2) The statement required by section 308(a) of the
Congressional Budget Act of 1974, except that an estimate of
new budget authority shall include, when practicable, a
comparison of the total estimated funding level for the
relevant programs to the appropriate levels under current
law.
(3) An estimate and comparison prepared by the Director of
the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974 if timely submitted to the
committee before the filing of the report.
(4) A summary of oversight findings and recommendations by
the Committee on Government Reform under clause 4(c)(2) of
rule X if such findings and recommendations have been
submitted to the reporting committee in time to allow it to
consider such findings and recommendations during its
deliberations on the measure.
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
(1) A statement citing the specific powers granted to
Congress in the Constitution to enact the law proposed by the
bill or joint resolution.
(2)(A) An estimate by the committee of the costs that would
be incurred in carrying out the bill or joint resolution in
the fiscal year in which it is reported and in each of the
five fiscal years following that fiscal year (or for
[[Page H23]]
the authorized duration of any program authorized by the bill
or joint resolution if less than five years);
(B) A comparison of the estimate of costs described in
subdivision (A) made by the committee with any estimate of
such costs made by a Government agency and submitted to such
committee; and
(C) When practicable, a comparison of the total estimated
funding level for the relevant programs with the appropriate
levels under current law.
(3)(A) In subparagraph (2) the term ``Government agency''
includes any department, agency, establishment, wholly owned
Government corporation, or instrumentality of the Federal
Government or the government of the District of Columbia.
(B) Subparagraph (2) does not apply to the Committee on
Appropriations, the Committee on House Administration, the
Committee on Rules, or the Committee on Standards of Official
Conduct, and does not apply when a cost estimate and
comparison prepared by the Director of the Congressional
Budget Office under section 402 of the Congressional Budget
Act of 1974 has been included in the report under paragraph
(c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or part
thereof, it shall include in its report or in an accompanying
document--
(A) the text of a statute or part thereof that is proposed
to be repealed; and
(B) a comparative print of any part of the bill or joint
resolution proposing to amend the statute and of the statute
or part thereof proposed to be amended, showing by
appropriate typographical devices the omissions and
insertions proposed.
(2) If a committee reports a bill or joint resolution
proposing to repeal or amend a statute or part thereof with a
recommendation that the bill or joint resolution be amended,
the comparative print required by subparagraph (1) shall
reflect the changes in existing law proposed to be made by
the bill or joint resolution as proposed to be amended.
(f)(1) A report of the Committee on Appropriations on a
general appropriation bill shall include--
(A) a concise statement describing the effect of any
provision of the accompanying bill that directly or
indirectly changes the application of existing law; and
(B) a list of all appropriations contained in the bill for
expenditures not previously authorized by law (except
classified intelligence or national security programs,
projects, or activities).
(2) Whenever the Committee on Appropriations reports a bill
or joint resolution including matter specified in clause
1(b)(2) or (3) of rule X, it shall include--
(A) in the bill or joint resolution, separate headings for
``Rescissions'' and ``Transfers of Unexpended Balances''; and
(B) in the report of the committee, a separate section
listing such rescissions and transfers.
(g) Whenever the Committee on Rules reports a resolution
proposing to repeal or amend a standing rule of the House, it
shall include in its report or in an accompanying document--
(1) the text of any rule or part thereof that is proposed
to be repealed; and
(2) a comparative print of any part of the resolution
proposing to amend the rule and of the rule or part thereof
proposed to be amended, showing by appropriate typographical
devices the omissions and insertions proposed.
(h)(1) 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--
(A) the report includes a tax complexity analysis prepared
by the Joint Committee on Internal Revenue Taxation in
accordance with section 4022(b) of the Internal Revenue
Service Restructuring and Reform Act of 1998; or
(B) the chairman of the Committee on Ways and Means causes
such a tax complexity analysis to be printed in the
Congressional Record before consideration of the bill or
joint resolution.
(2) A report from the Committee on Ways and Means on a bill
or joint resolution designated by the Majority Leader, after
consultation with the Minority Leader, as major tax
legislation may include a dynamic estimate of the changes in
Federal revenues expected to result from enactment of the
legislation. The Joint Committee on Internal Revenue Taxation
shall render a dynamic estimate of such legislation only in
response to a timely request from the chairman of the
Committee on Ways and Means, after consultation with the
ranking minority member. A dynamic estimate under this
paragraph may be used only for informational purposes.
(3) In this paragraph the term ``dynamic estimate'' means a
projection based in any part on assumptions concerning
probable effects of macroeconomic feedback. A dynamic
estimate shall include a statement identifying all such
assumptions.
Availability of reports
4. (a)(1) Except as specified in subparagraph (2), it shall
not be in order to consider in the House a measure or matter
reported by a committee until the third calendar day
(excluding Saturdays, Sundays, or legal holidays except when
the House is in session on such a day) on which each report
of a committee on that measure or matter has been available
to Members, Delegates, and the Resident Commissioner.
(2) Subparagraph (1) does not apply to--
(A) a resolution providing a rule, joint rule, or order of
business reported by the Committee on Rules considered under
clause 6;
(B) a resolution providing amounts from the applicable
accounts described in clause 1(i)(1) of rule X reported by
the Committee on House Administration considered under clause
6 of rule X;
(C) a resolution presenting a question of the privileges of
the House reported by any committee;
(D) a measure for the declaration of war, or the
declaration of a national emergency, by Congress; and
(E) a measure providing for the disapproval of a decision,
determination, or action by a Government agency that would
become, or continue to be, effective unless disapproved or
otherwise invalidated by one or both Houses of Congress. In
this subdivision the term ``Government agency'' includes any
department, agency, establishment, wholly owned Government
corporation, or instrumentality of the Federal Government or
of the government of the District of Columbia.
(b) A committee that reports a measure or matter shall make
every reasonable effort to have its hearings thereon (if any)
printed and available for distribution to Members, Delegates,
and the Resident Commissioner before the consideration of the
measure or matter in the House.
(c) A general appropriation bill reported by the Committee
on Appropriations may not be considered in the House until
the third calendar day (excluding Saturdays, Sundays, and
legal holidays except when the House is in session on such a
day) on which printed hearings of the Committee on
Appropriations thereon have been available to Members,
Delegates, and the Resident Commissioner.
Privileged reports, generally
5. (a) The following committees shall have leave to report
at any time on the following matters, respectively:
(1) The Committee on Appropriations, on general
appropriation bills and on joint resolutions continuing
appropriations for a fiscal year after September 15 in the
preceding fiscal year.
(2) The Committee on the Budget, on the matters required to
be reported by such committee under titles III and IV of the
Congressional Budget Act of 1974.
(3) The Committee on House Administration, on enrolled
bills, on contested elections, on matters referred to it
concerning printing for the use of the House or the two
Houses, on expenditure of the applicable accounts of the
House described in clause 1(i)(1) of rule X, and on matters
relating to preservation and availability of noncurrent
records of the House under rule VII.
(4) The Committee on Rules, on rules, joint rules, and the
order of business.
(5) The Committee on Standards of Official Conduct, on
resolutions recommending action by the House with respect to
a Member, Delegate, Resident Commissioner, officer, or
employee of the House as a result of an investigation by the
committee relating to the official conduct of such Member,
Delegate, Resident Commissioner, officer, or employee.
(b) A report filed from the floor as privileged under
paragraph (a) may be called up as a privileged question by
direction of the reporting committee, subject to any
requirement concerning its availability to Members,
Delegates, and the Resident Commissioner under clause 4 or
concerning the timing of its consideration under clause 6.
Privileged reports by the Committee on Rules
6. (a) A report by the Committee on Rules on a rule, joint
rule, or the order of business may not be called up for
consideration on the same day it is presented to the House
except--
(1) when so determined by a vote of two-thirds of the
Members voting, a quorum being present;
(2) in the case of a resolution proposing only to waive a
requirement of clause 4 or of clause 8 of rule XXII
concerning the availability of reports; or
(3) during the last three days of a session of Congress.
(b) Pending the consideration of a report by the Committee
on Rules on a rule, joint rule, or the order of business, the
Speaker may entertain one motion that the House adjourn.
After the result of such a motion is announced, the Speaker
may not entertain any other dilatory motion until the report
shall have been disposed of.
(c) The Committee on Rules may not report--
(1) a rule or order proposing that business under clause 7
of rule XV be set aside by a vote of less than two-thirds of
the Members voting, a quorum being present;
(2) a rule or order that would prevent the motion to
recommit a bill or joint resolution from being made as
provided in clause 2(b) of rule XIX, including a motion to
recommit with instructions to report back an amendment
otherwise in order, if offered by the Minority Leader or a
designee, except with respect to a Senate bill or resolution
for which the text of a House-passed measure has been
substituted.
(d) The Committee on Rules shall present to the House
reports concerning rules, joint rules, and the order of
business, within three legislative days of the time when they
are ordered. If such a report is not considered
[[Page H24]]
immediately, it shall be referred to the calendar. If such a
report on the calendar is not called up by the member of the
committee who filed the report within seven legislative days,
any member of the committee may call it up as a privileged
question on the day after the calendar day on which the
member announces to the House his intention to do so. The
Speaker shall recognize a member of the committee who rises
for that purpose.
(e) An adverse report by the Committee on Rules on a
resolution proposing a special order of business for the
consideration of a public bill or public joint resolution may
be called up as a privileged question by a Member, Delegate,
or Resident Commissioner on a day when it is in order to
consider a motion to discharge committees under clause 2 of
rule XV.
(f) If the House has adopted a resolution making in order a
motion to consider a bill or resolution, and such a motion
has not been offered within seven calendar days thereafter,
such a motion shall be privileged if offered by direction of
all reporting committees having initial jurisdiction of the
bill or resolution.
(g) Whenever the Committee on Rules reports a resolution
providing for the consideration of a measure, it shall (to
the maximum extent possible) specify in the resolution the
object of any waiver of a point of order against the measure
or against its consideration.
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the
head of an executive department may be filed from the floor
as privileged. If such a resolution is not reported to the
House within 14 legislative days after its introduction, a
motion to discharge a committee from its consideration shall
be privileged.
RULE XIV.
Order and Priority of Business.
1. The daily order of business (unless varied by the
application of other rules and except for the disposition of
matters of higher precedence) shall be as follows:
First. Prayer by the Chaplain.
Second. Reading and approval of the Journal, unless
postponed under clause 9(a) of rule XX.
Third. The Pledge of Allegiance to the Flag.
Fourth. Correction of reference of public bills.
Fifth. Disposal of business on the Speaker's table as
provided in clause 2.
Sixth. Unfinished business as provided in
clause 3.
Seventh. The morning hour for the consideration of bills
called up by committees as provided in clause 4.
Eighth. Motions that the House resolve into the Committee
of the Whole House on the state of the Union subject to
clause 5.
Ninth. Orders of the day.
2. Business on the Speaker's table shall be disposed of as
follows:
(a) Messages from the President shall be referred to the
appropriate committees without debate.
(b) Communications addressed to the House, including
reports and communications from heads of departments and
bills, resolutions, and messages from the Senate, may be
referred to the appropriate committees in the same manner and
with the same right of correction as public bills and public
resolutions presented by Members, Delegates, or the Resident
Commissioner.
(c) Motions to dispose of Senate amendments on the
Speaker's table may be entertained as provided in clauses 1,
2, and 4 of rule XXII.
(d) Senate bills and resolutions substantially the same as
House measures already favorably reported and not required to
be considered in the Committee of the Whole House on the
state of the Union may be disposed of by motion. Such a
motion shall be privileged if offered by direction of all
reporting committees having initial jurisdiction of the House
measure.
3. Consideration of unfinished business in which the House
may have been engaged at an adjournment, except business in
the morning hour and proceedings postponed under clause 9 of
rule XX, shall be resumed as soon as the business on the
Speaker's table is finished, and at the same time each day
thereafter until disposed of. The consideration of all other
unfinished business shall be resumed whenever the class of
business to which it belongs shall be in order under the
rules.
4. After the unfinished business has been disposed of, the
Speaker shall call each standing committee in regular order
and then select committees. Each committee when named may
call up for consideration a bill or resolution reported by it
on a previous day and on the House Calendar. If the Speaker
does not complete the call of the committees before the House
passes to other business, the next call shall resume at the
point it left off, giving preference to the last bill or
resolution under consideration. A committee that has occupied
the call for two days may not call up another bill or
resolution until the other committees have been called in
their turn.
5. After consideration of bills or resolutions under clause
4 for one hour, it shall be in order, pending consideration
thereof, to entertain a motion that the House resolve into
the Committee of the Whole House on the state of the Union
or, when authorized by a committee, that the House resolve
into the Committee of the Whole House on the state of the
Union to consider a particular bill. Such a motion shall
be subject to only one amendment designating another bill.
If such a motion is decided in the negative, another such
motion may not be considered until the matter that was
pending when such motion was offered is disposed of.
6. All questions relating to the priority of business shall
be decided by a majority without debate.
RULE XV
Business in Order on Special Days
Suspensions, Mondays and Tuesdays
1. (a) A rule may not be suspended except by a vote of two-
thirds of the Members voting, a quorum being present. The
Speaker may not entertain a motion that the House suspend the
rules except on Mondays and Tuesdays and during the last six
days of a session of Congress.
(b) Pending a motion that the House suspend the rules, the
Speaker may entertain one motion that the House adjourn.
After the result of such a motion is announced, the Speaker
may not entertain any other motion until the vote is taken on
the suspension.
(c) A motion that the House suspend the rules is debatable
for 40 minutes, one-half in favor of the motion and one-half
in opposition thereto.
Discharge motions, second and fourth Mondays
2. (a) Motions to discharge committees shall be in order on
the second and fourth Mondays of a month.
(b)(1) A Member may present to the Clerk a motion in
writing to discharge--
(A) a committee from consideration of a public bill or
public resolution that has been referred to it for 30
legislative days; or
(B) the Committee on Rules from consideration of a
resolution that has been referred to it for seven legislative
days and that proposes a special order of business for the
consideration of a public bill or public resolution that has
been reported by a standing committee or has been referred to
a standing committee for 30 legislative days.
(2) Only one motion may be presented for a bill or
resolution. A Member may not file a motion to discharge the
Committee on Rules from consideration of a resolution
providing for the consideration of more than one public bill
or public resolution or admitting or effecting a nongermane
amendment to a public bill or public resolution.
(c) A motion presented under paragraph (b) shall be placed
in the custody of the Clerk, who shall arrange a convenient
place for the signatures of Members. A signature may be
withdrawn by a Member in writing at any time before a motion
is entered on the Journal. The Clerk shall make signatures a
matter of public record, causing the names of the Members who
have signed a discharge motion during a week to be published
in a portion of the Congressional Record designated for that
purpose on the last legislative day of the week and making
cumulative lists of such names available each day for public
inspection in an appropriate office of the House. The Clerk
shall devise a means for making such lists available to
offices of the House and to the public in electronic form.
When a majority of the total membership of the House shall
have signed the motion, it shall be entered on the Journal,
printed with the signatures thereto in the Record, and
referred to the Calendar of Motions to Discharge Committees.
(d)(1) On the second and fourth Mondays of a month (except
during the last six days of a session of Congress),
immediately after the Pledge of Allegiance to the Flag, a
motion to discharge that has been on the calendar for at
least seven legislative days shall be privileged if called up
by a Member whose signature appears thereon. When such a
motion is called up, the House shall proceed to its
consideration under this paragraph without intervening motion
except one motion to adjourn. Privileged motions to discharge
shall have precedence in the order of their entry on the
Journal.
(2) When a motion to discharge is called up, the bill or
resolution to which it relates shall be read by title only.
The motion is debatable for 20 minutes, one-half in favor of
the motion and one-half in opposition thereto.
(e)(1) If a motion prevails to discharge the Committee on
Rules from consideration of a resolution, the House shall
immediately consider the resolution, pending which the
Speaker may entertain one motion that the House adjourn.
After the result of such a motion to adjourn is announced,
the Speaker may not entertain any other dilatory motion until
the resolution has been disposed of. If the resolution is
adopted, the House shall immediately proceed to its
execution.
(2) If a motion prevails to discharge a standing committee
from consideration of a public bill or public resolution, a
motion that the House proceed to the immediate consideration
of such bill or resolution shall be privileged if offered by
a Member whose signature appeared on the motion to discharge.
The motion to proceed is not debatable. If the motion to
proceed is adopted, the bill or resolution shall be
considered immediately under the general rules of the House.
If unfinished before adjournment of the day on which it is
called up, the bill or resolution shall remain the unfinished
business until it is disposed of. If the motion to proceed is
rejected, the bill or resolution shall be referred to the
appropriate calendar, where it shall have the same status as
if the committee from which it was discharged had duly
reported it to the House.
[[Page H25]]
(f)(1) When a motion to discharge originated under this
clause has once been acted on by the House, it shall not be
in order to entertain during the same session of Congress--
(A) a motion to discharge a committee from consideration of
that bill or resolution or of any other bill or resolution
that, by relating in substance to or dealing with the same
subject matter, is substantially the same; or
(B) a motion to discharge the Committee on Rules from
consideration of a resolution providing a special order of
business for the consideration of that bill or resolution or
of any other bill or resolution that, by relating in
substance to or dealing with the same subject matter, is
substantially the same.
(2) A motion to discharge on the Calendar of Motions to
Discharge Committees that is rendered out of order under
subparagraph (1) shall be stricken from that calendar.
Adverse report by the Committee on Rules, second and fourth
Mondays
3. An adverse report by the Committee on Rules on a
resolution proposing a special order of business for the
consideration of a public bill or public joint resolution may
be called up under clause 6(e) of rule XIII as a privileged
question by a Member, Delegate, or Resident Commissioner on a
day when it is in order to consider a motion to discharge
committees under clause 2.
District of Columbia business, second and fourth Mondays
4. The second and fourth Mondays of a month shall be set
apart for the consideration of such District of Columbia
business as may be called up by the Committee on Government
Reform after the disposition of motions to discharge
committees and after the disposal of such business on the
Speaker's table as requires reference only.
Private Calendar, first and third Tuesdays
5. (a) On the first Tuesday of a month, the Speaker shall
direct the Clerk to call the bills and resolutions on the
Private Calendar after disposal of such business on the
Speaker's table as requires reference only. If two or more
Members, Delegates, or the Resident Commissioner object to
the consideration of a bill or resolution so called, it shall
be recommitted to the committee that reported it. No other
business shall be in order before completion of the call of
the Private Calendar on this day unless two-thirds of the
Members voting, a quorum being present, agree to a motion
that the House dispense with the call.
(b)(1) On the third Tuesday of a month, after the disposal
of such business on the Speaker's table as requires reference
only, the Speaker may direct the Clerk to call the bills and
resolutions on the Private Calendar. Preference shall be
given to omnibus bills containing the texts of bills or
resolutions that have previously been objected to on a call
of the Private Calendar. If two or more Members, Delegates,
or the Resident Commissioner object to the consideration of a
bill or resolution so called (other than an omnibus bill), it
shall be recommitted to the committee that reported it. Two-
thirds of the Members voting, a quorum being present, may
adopt a motion that the House dispense with the call on this
day.
(2) Omnibus bills shall be read for amendment by paragraph.
No amendment shall be in order except to strike or to reduce
amounts of money or to provide limitations. An item or matter
stricken from an omnibus bill may not thereafter during the
same session of Congress be included in an omnibus bill. Upon
passage such an omnibus bill shall be resolved into the
several bills and resolutions of which it is composed. The
several bills and resolutions, with any amendments adopted by
the House, shall be engrossed, when necessary, and otherwise
considered as passed severally by the House as distinct bills
and resolutions.
(c) The Speaker may not entertain a reservation of the
right to object to the consideration of a bill or resolution
under this clause. A bill or resolution considered under this
clause shall be considered in the House as in the Committee
of the Whole. A motion to dispense with the call of the
Private Calendar under this clause shall be privileged.
Debate on such a motion shall be limited to five minutes in
support and five minutes in opposition.
Corrections Calendar, second and fourth Tuesdays
6. (a) After a bill has been favorably reported and placed
on either the Union or House Calendar, the Speaker, after
consultation with the Minority Leader, may direct the Clerk
also to place the bill on the ``Corrections Calendar.'' At
any time on the second and fourth Tuesdays of a month, the
Speaker may direct the Clerk to call a bill that has been
on the Corrections Calendar for three legislative days.
(b) A bill called from the Corrections Calendar shall be
considered in the House, is debatable for one hour equally
divided and controlled by the chairman and ranking minority
member of the primary committee of jurisdiction, and shall
not be subject to amendment except those recommended by the
primary committee of jurisdiction or offered by the chairman
of the primary committee or a designee. The previous question
shall be considered as ordered on the bill and any amendments
thereto to final passage without intervening motion except
one motion to recommit with or without instructions.
(c) The approval of three-fifths of the Members voting, a
quorum being present, shall be required to pass a bill called
from the Corrections Calendar. The rejection of a bill so
called, or the sustaining of a point of order against it or
against its consideration, does not cause its removal from
the Calendar to which it was originally referred.
Calendar Call of Committees, Wednesdays
7. (a) On Wednesday of each week, business shall not be in
order before completion of the call of the committees (except
as provided by clause 4 of rule XIV) unless two-thirds of the
Members voting, a quorum being present, agree to a motion
that the House dispense with the call. Such a motion shall be
privileged. Debate on such a motion shall be limited to five
minutes in support and five minutes in opposition.
(b) A bill or resolution on either the House or the Union
Calendar, except bills or resolutions that are privileged
under the Rules of the House, may be called under this
clause. A bill or resolution called up from the Union
Calendar shall be considered in the Committee of the Whole
House on the state of the Union without motion, subject to
clause 3 of rule XVI. General debate on a measure considered
under this clause shall be confined to the measure and may
not exceed two hours equally divided between a proponent and
an opponent.
(c) When a committee has occupied the call under this
clause on one Wednesday, it shall not be in order on a
succeeding Wednesday to consider unfinished business
previously called up by that committee until the other
committees have been called in their turn unless--
(1) the previous question has been ordered on such
unfinished business; or
(2) the House adopts a motion to dispense with the call
under paragraph (a).
(d) If any committee has not been called under this clause
during a session of a Congress, then at the next session of
that Congress the call shall resume where it left off at the
end of the preceding session.
(e) This rule does not apply during the last two weeks of a
session of Congress.
(f) The Speaker may not entertain a motion for a recess on
a Wednesday except during the last two weeks of a session of
Congress.
RULE XVI
Motions and Amendments
Motions
1. Every motion entertained by the Speaker shall be reduced
to writing on the demand of a Member, Delegate, or Resident
Commissioner and, unless it is withdrawn the same day, shall
be entered on the Journal with the name of the Member,
Delegate, or Resident Commissioner offering it. A dilatory
motion may not be entertained by the Speaker.
Withdrawal
2. When a motion is entertained, the Speaker shall state it
or cause it to be read aloud by the Clerk before it is
debated. The motion then shall be in the possession of the
House but may be withdrawn at any time before a decision or
amendment thereon.
Question of consideration
3. When a motion or proposition is entertained, the
question, ``Will the House now consider it?'' may not be put
unless demanded by a Member, Delegate, or Resident
Commissioner.
Precedence of motions
4. (a) When a question is under debate, only the following
motions may be entertained (which shall have precedence in
the following order):
(1) To adjourn.
(2) To lay on the table.
(3) For the previous question.
(4) To postpone to a day certain.
(5) To refer.
(6) To amend.
(7) To postpone indefinitely.
(b) A motion to adjourn, to lay on the table, or for the
previous question shall be decided without debate. A motion
to postpone to a day certain, to refer, or to postpone
indefinitely, being decided, may not be allowed again on the
same day at the same stage of the question.
(c)(1) It shall be in order at any time for the Speaker, in
his discretion, to entertain a motion--
(A) that the Speaker be authorized to declare a recess; or
(B) that when the House adjourns it stand adjourned to a
day and time certain.
(2) Either motion shall be of equal privilege with the
motion to adjournand shall be decided without debate.
Divisibility
5. (a) Except as provided in paragraph (b), a question
shall be divided on the demand of a Member, Delegate, or
Resident Commissioner before the question is put if it
includes propositions so distinct in substance that, one
being taken away, a substantive proposition remains.
(b)(1) A motion or resolution to elect members to a
standing committee of the House, or to a joint standing
committee, is not divisible.
(2) A resolution or order reported by the Committee on
Rules providing a special order of business is not divisible.
(c) A motion to strike and insert is not divisible, but
rejection of a motion to strike does not preclude another
motion to amend.
Amendments
6. When an amendable proposition is under consideration, a
motion to amend and a motion to amend that amendment shall be
in
[[Page H26]]
order, and it also shall be in order to offer a further
amendment by way of substitute for the original motion to
amend, to which one amendment may be offered but which may
not be voted on until the original amendment is perfected. An
amendment may be withdrawn in the House at any time before a
decision or amendment thereon. An amendment to the title of a
bill or resolution shall not be in order until after its
passage or adoption and shall be decided without debate.
Germaneness
7. No motion or proposition on a subject different from
that under consideration shall be admitted under color of
amendment.
Readings
8. Bills and joint resolutions are subject to readings as
follows:
(a) A first reading is in full when the bill or joint
resolution is first considered.
(b) A second reading occurs only when the bill or joint
resolution is read for amendment in a Committee of the Whole
House on the state of the Union under clause 5 of rule XVIII.
(c) A third reading precedes passage when the Speaker
states the question: ``Shall the bill [or joint resolution]
be engrossed [when applicable] and read a third time?'' If
that question is decided in the affirmative, then the bill or
joint resolution shall be read the final time by title and
then the question shall be put on its passage.
RULE XVII
Decorum and Debate
Decorum
1. (a) A Member, Delegate, or Resident Commissioner who
desires to speak or deliver a matter to the House shall rise
and respectfully address himself to ``Mr. Speaker'' and, on
being recognized, may address the House from any place on the
floor. When invited by the Chair, a Member, Delegate, or
Resident Commissioner may speak from the Clerk's desk.
(b)(1) Remarks in debate shall be confined to the question
under debate, avoiding personality.
(2)(A) Except as provided in subdivision (B), debate may
not include characterizations of Senate action or inaction,
references to individual Members of the Senate, or quotations
from Senate proceedings.
(B) Debate may include references to actions taken by the
Senate or by committees thereof that are a matter of public
record; references to the pendency or sponsorship in the
Senate of bills, resolutions, and amendments; factual
descriptions relating to Senate action or inaction concerning
a measure then under debate in the House; and quotations from
Senate proceedings on a measure then under debate in the
House that are relevant to the making of legislative history
establishing the meaning of that measure.
Recognition
2. When two or more Members, Delegates, or the Resident
Commissioner rise at once, the Speaker shall name the Member,
Delegate, or Resident Commissioner who is first to speak. A
Member, Delegate, or Resident Commissioner may not occupy
more than one hour in debate on a question in the House or in
the Committee of the Whole House on the state of the Union
except as otherwise provided in this rule.
Managing Debate
3. (a) The Member, Delegate, or Resident Commissioner who
calls up a measure may open and close debate thereon. When
general debate extends beyond one day, that Member, Delegate,
or Resident Commissioner shall be entitled to one hour to
close without regard to the time used in opening.
(b) Except as provided in paragraph (a), a Member,
Delegate, or Resident Commissioner may not speak more than
once to the same question without leave of the House.
(c) A manager of a measure who opposes an amendment thereto
is entitled to close controlled debate thereon.
Call to order
4. (a) If a Member, Delegate, or Resident Commissioner, in
speaking or otherwise, transgresses the Rules of the House,
the Speaker shall, or a Member, Delegate, or Resident
Commissioner may, call to order the offending Member,
Delegate, or Resident Commissioner, who shall immediately sit
down unless permitted on motion of another Member, Delegate,
or the Resident Commissioner to explain. If a Member,
Delegate, or Resident Commissioner is called to order, the
Member, Delegate, or Resident Commissioner making the call to
order shall indicate the words excepted to, which shall be
taken down in writing at the Clerk's desk and read aloud to
the House.
(b) The Speaker shall decide the validity of a call to
order. The House, if appealed to, shall decide the question
without debate. If the decision is in favor of the Member,
Delegate, or Resident Commissioner called to order, the
Member, Delegate, or Resident Commissioner shall be at
liberty to proceed, but not otherwise. If the case requires
it, an offending Member, Delegate, or Resident Commissioner
shall be liable to censure or such other punishment as the
House may consider proper. A Member, Delegate, or Resident
Commissionermay not be held to answer a call to order, and
may not be subject to the censure of the House therefor, if
further debate or other business has intervened.
Comportment
5. When the Speaker is putting a question or addressing the
House, a Member, Delegate, or Resident Commissioner may not
walk out of or across the Hall. When a Member, Delegate, or
Resident Commissioner is speaking, a Member, Delegate, or
Resident Commissioner may not pass between the person
speaking and the Chair. During the session of the House, a
Member, Delegate, or Resident Commissioner may not wear a hat
or remain by the Clerk's desk during the call of the roll or
the counting of ballots. A person may not smoke or use any
personal, electronic office equipment, including cellular
phones and computers, on the floor of the House. The
Sergeant-at-Arms is chaged with the strict enforcement of
this clause.
Exhibits
6. When the use of an exhibit in debate is objected to by a
Member, Delegate, or Resident Commissioner, its use shall be
decided without debate by a vote of the House.
Galleries
7. During a session of the House, it shall not be in order
for a Member, Delegate, or Resident Commissioner to introduce
to or to bring to the attention of the House an occupant in
the galleries of the House. The Speaker may not entertain a
request for the suspension of this rule by unanimous consent
or otherwise.
Congressional Record
8. (a) The Congressional Record shall be a substantially
verbatim account of remarks made during the proceedings of
the House, subject only to technical, grammatical, and
typographical corrections authorized by the Member, Delegate,
or Resident Commissioner making the remarks.
(b) Unparliamentary remarks may be deleted only by
permission or order of the House.
(c) This clause establishes a standard of conduct within
the meaning of clause 3(a)(2) of rule XI.
Secret sessions
9. When confidential communications are received from the
President, or when the Speaker or a Member, Delegate, or
Resident Commissioner informs the House that he has
communications that he believes ought to be kept secret for
the present, the House shall be cleared of all persons except
the Members, Delegates, Resident Commissioner, and officers
of the House for the reading of such communications, and
debates and proceedings thereon, unless otherwise ordered by
the House.
RULE XVIII
The Committee of the Whole House on the State of the Union
Resolving into the Committee of the Whole
1. Whenever the House resolves into the Committee of the
Whole House on the state of the Union, the Speaker shall
leave the chair after appointing a Chairman to preside. In
case of disturbance or disorderly conduct in the galleries or
lobby, the Chairman may cause the same to be cleared.
2. (a) Except as provided in paragraph (b) and in clause 7
of rule XV, the House resolves into the Committee of the
Whole House on the state of the Union by motion. When such a
motion is entertained, the Speaker shall put the question
without debate: ``Shall the House resolve itself into the
Committee of the Whole House on the state of the Union for
consideration of this matter?'', naming it.
(b) After the House has adopted a resolution reported by
the Committee on Rules providing a special order of business
for the consideration of a measure in the Committee of the
Whole House on the state of the Union, the Speaker may at any
time, when no question is pending before the House, declare
the House resolved into the Committee of the Whole for the
consideration of that measure without intervening motion,
unless the special order of business provides otherwise.
Measures requiring initial consideration in the Committee of
the Whole
3. All bills, resolutions, or Senate amendments (as
provided in clause 3 of rule XXII) involving a tax or charge
on the people, raising revenue, directly or indirectly making
appropriations of money or property or requiring such
appropriations to be made, authorizing payments out of
appropriations already made, releasing any liability to the
United States for money or property, or referring a claim to
the Court of Claims, shall be first considered in the
Committee of the Whole House on the state of the Union. A
bill, resolution, or Senate amendment that fails to comply
with this clause is subject to a point of order against its
consideration.
Order of business
4. (a) Subject to subparagraph (b) business on the calendar
of the Committee of the Whole House on the state of the Union
may be taken up in regular order, or in such order as the
Committee may determine, unless the measure to be considered
was determined by the House at the time of resolving into the
Committee of the Whole.
(b) Motions to resolve into the Committee of the Whole for
consideration of bills and joint resolutions making general
appropriations have precedence under this clause.
Reading for amendment
5. (a) Before general debate commences on a measure in the
Committee of the Whole House on the state of the Union, it
shall be read in full. When general debate is concluded or
closed by order of the House, the measure under consideration
shall be read for amendment. A Member, Delegate, or Resident
Commissioner who offers an
[[Page H27]]
amendment shall be allowed five minutes to explain it, after
which the Member, Delegate, or Resident Commissioner who
shall first obtain the floor shall be allowed five minutes to
speak in opposition to it. There shall be no further debate
thereon, but the same privilege of debate shall be allowed in
favor of and against any amendment that may be offered to an
amendment. An amendment, or an amendment to an amendment, may
be withdrawn by its proponent only by the unanimous consent
of the Committee of the Whole.
(b) When a Member, Delegate, or Resident Commissioner
offers an amendment in the Committee of the Whole House on
the state of the Union, the Clerk shall promptly transmit
five copies of the amendment to the majority committee table
and five copies to the minority committee table. The Clerk
also shall deliver at least one copy of the amendment to the
majority cloakroom and at least one copy to the minority
cloakroom.
Quorum and voting
6. (a) A quorum of a Committee of the Whole House on the
state of the Union is 100 Members. The first time that a
Committee of the Whole finds itself without a quorum during a
day, the Chairman shall invoke the procedure for a quorum
call set forth in clause 2 of rule XX, unless he elects to
invoke an alternate procedure set forth in clause 3 or clause
4(a) of rule XX. If a quorum appears, the Committee of the
Whole shall continue its business. If a quorum does not
appear, the Committee of the Whole shall rise, and the
Chairman shall report the names of absentees to the House.
(b)(1) The Chairman may refuse to entertain a point of
order that a quorum is not present during general debate.
(2) After a quorum has once been established on a day, the
Chairman may entertain a point of order that a quorum is not
present only when the Committee of the Whole House on the
state of the Union is operating under the five-minute rule
and the Chairman has put the pending proposition to a vote.
(3) Upon sustaining a point of order that a quorum is not
present, the Chairman may announce that, following a regular
quorum call under paragraph (a), the minimum time for
electronic voting on the pending question shall be five
minutes.
(c) When ordering a quorum call in the Committee of the
Whole House on the state of the Union, the Chairman may
announce an intention to declare that a quorum is constituted
at any time during the quorum call when he determines that a
quorum has appeared. If the Chairman interrupts the quorum
call by declaring that a quorum is constituted, proceedings
under the quorum call shall be considered as vacated, and the
Committee of the Whole shall continue its sitting and resume
its business.
(d) A quorum is not required in the Committee of the Whole
House on the state of the Union for adoption of a motion that
the Committee rise.
(e) In the Committee of the Whole House on the state of the
Union, the Chairman shall order a recorded vote on a request
supported by at least 25 Members.
(f) In the Committee of the Whole House on the state of the
Union, the Chairman may reduce to five minutes the minimum
time for electronic voting without any intervening business
or debate on any or all pending amendments after a record
vote has been taken on the first pending amendment.
Dispensing with the reading of an amendment
7. It shall be in order in the Committee of the Whole House
on the state of the Union to move that the Committee of the
Whole dispense with the reading of an amendment that has been
printed in the bill or resolution as reported by a committee,
or an amendment that a Member, Delegate, or Resident
Commissioner has caused to be printed in the Congressional
Record. Such a motion shall be decided without debate.
Closing debate
8. (a) Subject to paragraph (b) at any time after the
Committee of the Whole House on the state of the Union has
begun five-minute debate on amendments to any portion of a
bill or resolution, it shall be in order to move that the
Committee of the Whole close all debate on that portion of
the bill or resolution or on the pending amendments only.
Such a motion shall be decided without debate. The adoption
of such a motion does not preclude further amendment, to be
decided without debate.
(b) If the Committee of the Whole House on the state of the
Union closes debate on any portion of a bill or resolution
before there has been debate on an amendment that a Member,
Delegate, or Resident Commissioner has caused to be printed
in the Congressional Record at least one day before its
consideration, the Member, Delegate, or Resident Commissioner
who caused the amendment to be printed in the Record shall be
allowed five minutes to explain it, after which the Member,
Delegate, or Resident Commissioner who shall first obtain the
floor shall be allowed five minutes to speak in opposition to
it. There shall be no further debate thereon.
(c) Material submitted for printing in the Congressional
Record under this rule shall indicate the full text of the
proposed amendment, the name of the Member, Delegate, or
Resident Commissioner proposing it, the number of the bill or
resolution to which it will be offered, and the point in the
bill or resolution or amendment thereto where the amendment
is intended to be offered. The amendment shall appear in a
portion of the Record designated for that purpose. Amendments
to a specified measure submitted for printing in that portion
of the Record shall be numbered in the order printed.
Striking the enacting clause
9. A motion that the Committee of the Whole House on the
state of the Union rise and report a bill or resolution to
the House with the recommendation that the enacting or
resolving clause be stricken shall have precedence of a
motion to amend, and, if carried in the House, shall
constitute a rejection of the bill or resolution. Whenever a
bill or resolution is reported from the Committee of the
Whole with such adverse recommendation and the recommendation
is rejected by the House, the bill or resolution shall stand
recommitted to the Committee of the Whole without further
action by the House. Before the question of concurrence is
submitted, it shall be in order to move that the House refer
the bill or resolution to a committee, with or without
instructions. If a bill or resolution is so referred, then
when it is again reported to the House it shall be referred
to the Committee of the Whole without debate.
Concurrent resolution on the budget
10. (a) At the conclusion of general debate in the
Committee of the Whole House on the state of the Union on a
concurrent resolution on the budget under section 305(a) of
the Congressional Budget Act of 1974, the concurrent
resolution shall be considered as read for amendment.
(b) It shall not be in order in the House or in the
Committee of the Whole House on the state of the Union to
consider an amendment to a concurrent resolution on the
budget, or an amendment thereto, unless the concurrent
resolution, as amended by such amendment or amendments--
(1) would be mathematically consistent except as limited by
paragraph (c); and
(2) would contain all the matter set forth in paragraphs
(1) through (5) of section 301(a) of the Congressional Budget
Act of 1974.
(c)(1) Except as specified in subparagraph (2), it shall
not be in order in the House or in the Committee of the Whole
House on the state of the Union to consider an amendment to a
concurrent resolution on the budget, or an amendment thereto,
that proposes to change the amount of the appropriate level
of the public debt set forth in the concurrent resolution, as
reported.
(2) Amendments to achieve mathematical consistency under
section 305(a)(5) of the Congressional Budget Act of 1974, if
offered by direction of the Committee on the Budget, may
propose to adjust the amount of the appropriate level of the
public debt set forth in the concurrent resolution, as
reported, to reflect changes made in other figures contained
in the concurrent resolution.
Unfunded mandates
11. (a) In the Committee of the Whole House on the state of
the Union, an amendment proposing only to strike an unfunded
mandate from the portion of the bill then open to amendment,
if otherwise in order, may be precluded from consideration
only by specific terms of a special order of the House.
(b) In this clause the term ``unfunded mandate'' means a
Federal intergovernmental mandate the direct costs of which
exceed the threshold otherwise specified for a reported bill
or joint resolution in section 424(a)(1) of the Congressional
Budget Act of 1974.
Applicability of Rules of the House
12. The Rules of the House are the rules of the Committee
of the Whole House on the state of the Union so far as
applicable.
RULE XIX
Motions Following the Amendment Stage
Previous question
1. (a) There shall be a motion for the previous question,
which, being ordered, shall have the effect of cutting off
all debate and bringing the House to a direct vote on the
immediate question or questions on which it has been ordered.
Whenever the previous question has been ordered on an
otherwise debatable question on which there has been no
debate, it shall be in order to debate that question for 40
minutes, equally divided and controlled by a proponent of the
question and an opponent. The previous question may be moved
and ordered on a single question, on a series of questions
allowable under the rules, or on an amendment or amendments,
or may embrace all authorized motions or amendments and
include the bill or resolution to its passage, adoption, or
rejection.
(b) Incidental questions of order arising during the
pendency of a motion for the previous question shall be
decided, whether on appeal or otherwise, without debate.
Recommit
2. (a) After the previous question has been ordered on
passage or adoption of a measure, or pending a motion to that
end, it shall be in order to move that the House recommit (or
commit, as the case may be) the measure, with or without
instructions, to a standing or select committee. For such a
motion to recommit, the Speaker shall give preference in
recognition to a Member, Delegate, or Resident Commissioner
who is opposed to the measure.
(b) Except as provided in paragraph (c), if a motion that
the House recommit a bill or joint resolution on which the
previous question has been ordered to passage includes
instructions, it shall be debatable for 10 minutes equally
divided between the proponent and an opponent.
[[Page H28]]
(c) On demand of the floor manager for the majority, it
shall be in order to debate the motion for one hour equally
divided and controlled by the proponent and an opponent.
Reconsideration
3. When a motion has been carried or lost, it shall be in
order on the same or succeeding day for a Member on the
prevailing side of the question to enter a motion for the
reconsideration thereof. The entry of such a motion shall
take precedence over all other questions except the
consideration of a conference report or a motion to adjourn,
and may not be withdrawn after such succeeding day without
the consent of the House. Once entered, a motion may be
called up for consideration by any Member. During the last
six days of a session of Congress, such a motion shall be
disposed of when entered.
4. A bill, petition, memorial, or resolution referred to a
committee, or reported therefrom for printing and
recommitment, may not be brought back to the House on a
motion to reconsider.
RULE XX
Voting and Quorum Calls
1. (a) The House shall divide after the Speaker has put a
question to a vote by voice as provided in clause 6 of rule I
if the Speaker is in doubt or division is demanded. Those in
favor of the question shall first rise from their seats to be
counted, and then those opposed.
(b) If a Member, Delegate, or Resident Commissioner
requests a recorded vote, and that request is supported by at
least one-fifth of a quorum, the vote shall be taken by
electronic device unless the Speaker invokes another
procedure for recording votes provided in this rule. A
recorded vote taken in the House under this paragraph shall
be considered a vote by the yeas and nays.
(c) In case of a tie vote, a question shall be lost.
2. (a) Unless the Speaker directs otherwise, the Clerk
shall conduct a record vote or quorum call by electronic
device. In such a case the Clerk shall enter on the Journal
and publish in the Congressional Record, in alphabetical
order in each category, the names of Members recorded as
voting in the affirmative, the names of Members recorded as
voting in the negative, and the names of Members answering
present as if they had been called in the manner provided in
clause 3. Except as otherwise permitted under clause 9 or 10
of this rule or under clause 6 of rule XVIII, the minimum
time for a record vote or quorum call by electronic device
shall be 15 minutes.
(b) When the electronic voting system is inoperable or is
not used, the Speaker or Chairman may direct the Clerk to
conduct a record vote or quorum call as provided in clause 3
or 4.
3. The Speaker may direct the Clerk to conduct a record
vote or quorum call by call of the roll. In such a case the
Clerk shall call the names of Members, alphabetically by
surname. When two or more have the same surname, the name of
the State (and, if necessary to distinguish among Members
from the same State, the given names of the Members) shall be
added. After the roll has been called once, the Clerk shall
call the names of those not recorded, alphabetically by
surname. Members appearing after the second call, but before
the result is announced, may vote or announce a pair.
4. (a) The Speaker may direct a record vote or quorum call
to be conducted by tellers. In such a case the tellers named
by the Speaker shall record the names of the Members voting
on each side of the question or record their presence, as the
case may be, which the Clerk shall enter on the Journal and
publish in the Congressional Record. Absentees shall be
noted, but the doors may not be closed except when ordered by
the Speaker. The minimum time for a record vote or quorum
call by tellers shall be 15 minutes.
(b) On the demand of a Member, or at the suggestion of the
Speaker, the names of Members sufficient to make a quorum in
the Hall of the House who do not vote shall be noted by the
Clerk, entered on the Journal, reported to the Speaker with
the names of the Members voting, and be counted and announced
in determining the presence of a quorum to do business.
5. (a) In the absence of a quorum, a majority comprising at
least 15 Members, which may include the Speaker, may compel
the attendance of absent Members.
(b) Subject to clause 7(b) a majority of those present may
order the Sergeant-at-Arms to send officers appointed by him
to arrest those Members for whom no sufficient excuse is made
and shall secure and retain their attendance. The House shall
determine on what condition they shall be discharged. Unless
the House otherwise directs, the Members who voluntarily
appear shall be admitted immediately to the Hall of the House
and shall report their names to the Clerk to be entered on
the Journal as present.
6. (a) When a quorum fails to vote on a question, a quorum
is not present, and objection is made for that cause (unless
the House shall adjourn)--
(1) there shall be a call of the House;
(2) the Sergeant-at-Arms shall proceed forthwith to bring
in absent Members; and
(3) the yeas and nays on the pending question shall at the
same time be considered as ordered.
(b) The Clerk shall record Members by the yeas and nays on
the pending question, using such procedure as the Speaker may
invoke under clause 2, 3, or 4. Each Member arrested under
this clause shall be brought by the Sergeant-at-Arms before
the House, whereupon he shall be noted as present, discharged
from arrest, and given an opportunity to vote; and his vote
shall be recorded. If those voting on the question and those
who are present and decline to vote together make a majority
of the House, the Speaker shall declare that a quorum is
constituted, and the pending question shall be decided as the
requisite majority of those voting shall have determined.
Thereupon further proceedings under the call shall be
considered as dispensed with.
(c) At any time after Members have had the requisite
opportunity to respond by the yeas and nays, but before a
result has been announced, the Speaker may entertain a motion
that the House adjourn if seconded by a majority of those
present, to be ascertained by actual count by the Speaker. If
the House adjourns on such a motion, all proceedings under
this clause shall be considered as vacated.
7. (a) The Speaker may not entertain a point of order that
a quorum is not present unless a question has been put to a
vote.
(b) Subject to paragraph (c) the Speaker may recognize a
Member, Delegate, or Resident Commissioner to move a call of
the House at any time. When a quorum is established pursuant
to a call of the House, further proceedings under the call
shall be considered as dispensed with unless the Speaker
recognizes for a motion to compel attendance of Members under
clause 5(b).
(c) A call of the House shall not be in order after the
previous question is ordered unless the Speaker determines by
actual count that a quorum is not present.
Postponement of proceedings
8. (a)(1) When a recorded vote is ordered, or the yeas and
nays are ordered, or a vote is objected to under clause 6 on
any of the questions specified in subparagraph (2), the
Speaker may postpone further proceedings on that question to
a designated place in the legislative schedule on that
legislative day (in the case of the question of agreeing to
the Speaker's approval of the Journal) or within two
legislative days (in the case of any other question).
(2) The questions described in the subparagraph (1) are as
follows:
(A) The question of passing a bill or joint resolution.
(B) The question of adopting a resolution or concurrent
resolution.
(C) The question of agreeing to a motion to instruct
managers on the part of the House (except that proceedings
may not resume on such a motion under clause 7(c) of rule
XXII if the managers have filed a report in the House).
(D) The question of agreeing to a conference report.
(E) The question of agreeing to a motion to recommit a bill
considered under clause 6 of rule XV.
(F) The question of ordering the previous question on a
question described in subdivision (A), (B), (C), (D), or (E).
(G) The question of agreeing to an amendment to a bill
considered under clause 6 of rule XV.
(H) The question of agreeing to a motion to suspend the
rules.
(b) At the time designated by the Speaker for further
proceedings on questions postponed under paragraph (a), the
Speaker shall resume proceedings on each postponed question
in the order in which it was considered.
(c) The Speaker may reduce to five minutes the minimum time
for electronic voting on a question postponed under this
clause, or on a question incidental thereto, that follows
another electronic vote without intervening business, so long
as the minimum time for electronic voting on the first in any
series of questions is 15 minutes.
(d) If the House adjourns on a legislative day designated
for further proceedings on questions postponed under this
clause without disposing of such questions, then on the next
legislative day the unfinished business is the disposition of
such questions in the order in which they were considered.
Five-minute votes
9. The Speaker may reduce to five minutes the minimum time
for electronic voting--
(a) after a record vote on a motion for the previous
question, on any underlying question that follows without
intervening business, or on a question incidental thereto;
(b) after a record vote 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 on a question incidental
thereto;
(c) after a record vote on a motion to recommit a bill,
resolution, or conference report, on the question of passage
or adoption, as the case may be, of such bill, resolution, or
conference report, or on a question incidental thereto, if
the question of passage or adoption follows without
intervening business the vote on the motion to recommit; or
(d) as provided in clause 6(b)(3) of rule XVIII, clause
6(f) of rule XVIII, or clause 8 of this rule.
Automatic yeas and nays
10. The yeas and nays shall be considered as ordered when
the Speaker puts the question on passage of a bill or joint
resolution, or on adoption of a conference report, making
general appropriations, or increasing Federal income tax
rates (within the meaning of clause 5 of rule XXI), or on
final adoption of a concurrent resolution on the budget or
conference report thereon.
[[Page H29]]
Ballot votes
11. In a case of ballot for election, a majority of the
votes shall be necessary to an election. When there is not
such a majority on the first ballot, the process shall be
repeated until a majority is obtained. In all balloting
blanks shall be rejected, may not be counted in the
enumeration of votes, and may not be reported by the tellers.
RULE XXI
Restrictions on Certain Bills
Reservation of certain points of order
1. At the time a general appropriation bill is reported,
all points of order against provisions therein shall be
considered as reserved.
General appropriation bills and amendments
2. (a)(1) An appropriation may not be reported in a general
appropriation bill, and may not be in order as an amendment
thereto, for an expenditure not previously authorized by law,
except to continue appropriations for public works and
objects that are already in progress.
(2) A reappropriation of unexpended balances of
appropriations may not be reported in a general appropriation
bill, and may not be in order as an amendment thereto, except
to continue appropriations for public works and objects that
are already in progress. This subparagraph does not apply to
transfers of unexpended balances within the department or
agency for which they were originally appropriated that are
reported by the Committee on Appropriations.
(b) A provision changing existing law may not be reported
in a general appropriation bill, including a provision making
the availability of funds contingent on the receipt or
possession of information not required by existing law for
the period of the appropriation, except germane provisions
that retrench expenditures by the reduction of amounts of
money covered by the bill (which may include those
recommended to the Committee on Appropriations by direction
of a legislative committee having jurisdiction over the
subject matter) and except rescissions of appropriations
contained in appropriation Acts.
(c) An amendment to a general appropriation bill shall not
be in order if changing existing law, including an amendment
making the availability of funds contingent on the receipt or
possession of information not required by existing law for
the period of the appropriation. Except as provided in
paragraph (d), an amendment proposing a limitation not
specifically contained or authorized in existing law for the
period of the limitation shall not be in order during
consideration of a general appropriation bill.
(d) After a general appropriation bill has been read for
amendment, a motion that the Committee of the Whole House on
the state of the Union rise and report the bill to the House
with such amendments as may have been adopted shall, if
offered by the Majority Leader or a designee, have precedence
over motions to amend the bill. If such a motion to rise and
report is rejected or not offered, amendments proposing
limitations not specifically contained or authorized in
existing law for the period of the limitation or proposing
germane amendments that retrench expenditures by reductions
of amounts of money covered by the bill may be considered.
(e) A provision other than an appropriation designated an
emergency under section 251(b)(2) or section 252(e) of the
Balanced Budget and Emergency Deficit Control Act, a
rescission of budget authority, or a reduction in direct
spending or an amount for a designated emergency may not be
reported in an appropriation bill or joint resolution
containing an emergency designation under section 251(b)(2)
or section 252(e) of such Act and may not be in order as an
amendment thereto.
(f) During the reading of an appropriation bill for
amendment in the Committee of the Whole House on the state of
the Union, it shall be in order to consider en bloc
amendments proposing only to transfer appropriations among
objects in the bill without increasing the levels of budget
authority or outlays in the bill. When considered en bloc
under this paragraph, such amendments may amend portions of
the bill not yet read for amendment (following disposition of
any points of order against such portions) and is not subject
to a demand for division of the question in the House or in
the Committee of the Whole.
Transportation obligation limitations
3. It shall not be in order to consider a bill, joint
resolution, amendment, or conference report that would cause
obligation limitations to be below the level for any fiscal
year set forth in section 8103 of the Transportation Equity
Act for the 21st Century, as adjusted, for the highway
category or the mass transit category, as applicable.
Appropriations on legislative bills
4. A bill or joint resolution carrying an appropriation may
not be reported by a committee not having jurisdiction to
report appropriations, and an amendment proposing an
appropriation shall not be in order during the consideration
of a bill or joint resolution reported by a committee not
having that jurisdiction. A point of order against an
appropriation in such a bill, joint resolution, or amendment
thereto may be raised at any time during pendency of that
measure for amendment.
Tax and tariff measures and amendments
5. (a) A bill or joint resolution carrying a tax or tariff
measure may not be reported by a committee not having
jurisdiction to report tax or tariff measures, and an
amendment in the House or proposed by the Senate carrying a
tax or tariff measure shall not be in order during the
consideration of a bill or joint resolution reported by a
committee not having that jurisdiction. A point of order
against a tax or tariff measure in such a bill, joint
resolution, or amendment thereto may be raised at any time
during pendency of that measure for amendment.
Passage of tax rate increases
(b) A bill or joint resolution, amendment, or conference
report carrying a Federal income tax rate increase may not be
considered as passed or agreed to unless so determined by a
vote of not less than three-fifths of the Members voting, a
quorum being present. In this paragraph the term ``Federal
income tax rate increase'' means any amendment to subsection
(a), (b), (c), (d), or (e) of section 1, or to section 11(b)
or 55(b), of the Internal Revenue Code of 1986, that imposes
a new percentage as a rate of tax and thereby increases the
amount of tax imposed by any such section.
Consideration of retroactive tax rate increases
(c) It shall not be in order to consider a bill, joint
resolution, amendment, or conference report carrying a
retroactive Federal income tax rate increase. In this
paragraph--
(1) the term ``Federal income tax rate increase'' means any
amendment to subsection (a), (b), (c), (d), or (e) of section
1, or to section 11(b) or 55(b), of the Internal Revenue Code
of 1986, that imposes a new percentage as a rate of tax and
thereby increases the amount of tax imposed by any such
section; and
(2) a Federal income tax rate increase is retroactive if it
applies to a period beginning before the enactment of the
provision.
RULE XXII
House and Senate Relations
Senate amendments
1. A motion to disagree to Senate amendments to a House
bill or resolution and to request or agree to a conference
with the Senate, or a motion to insist on House amendments to
a Senate bill or resolution and to request or agree to a
conference with the Senate, shall be privileged in the
discretion of the Speaker if offered by direction of the
primary committee and of all reporting committees that had
initial referral of the bill or resolution.
2. A motion to dispose of House bills with Senate
amendments not requiring consideration in the Committee of
the Whole House on the state of the Union shall be
privileged.
3. Except as permitted by clause 1, before the stage of
disagreement, a Senate amendment to a House bill or
resolution shall be subject to the point of order that it
must first be considered in the Committee of the Whole House
on the state of the Union if, originating in the House, it
would be subject to such a point under clause 3 of rule
XVIII.
4. When the stage of disagreement has been reached on a
bill or resolution with House or Senate amendments, a motion
to dispose of any amendment shall be privileged.
5. (a) Managers on the part of the House may not agree to a
Senate amendment described in paragraph (b) unless specific
authority to agree to the amendment first is given by the
House by a separate vote with respect thereto. If specific
authority is not granted, the Senate amendment shall be
reported in disagreement by the conference committee back to
the two Houses for disposition by separate motion.
(b) The managers on the part of the House may not agree to
a Senate amendment described in paragraph (a) that--
(1) would violate clause 2(a)(1) or (c) of rule XXI if
originating in the House; or
(2) proposes an appropriation on a bill other than a
general appropriation bill.
6. A Senate amendment carrying a tax or tariff measure in
violation of clause 5(a) of rule XXI may not be agreed to.
Conference reports; amendments reported in disagreement
7. (a) The presentation of a conference report shall be in
order at any time except during a reading of the Journal or
the conduct of a record vote, a vote by division, or a quorum
call.
(b)(1) Subject to subparagraph (2) the time allotted for
debate on a motion to instruct managers on the part of the
House shall be equally divided between the majority and
minority parties.
(2) If the proponent of a motion to instruct managers on
the part of the House and the Member, Delegate, or Resident
Commissioner of the other party identified under subparagraph
(1) both support the motion, one-third of the time for debate
thereon shall be allotted to a Member, Delegate, or Resident
Commissioner who opposes the motion on demand of that Member,
Delegate, or Resident Commissioner.
(c)(1) A motion to instruct managers on the part of the
House, or a motion to discharge all managers on the part of
the House and to appoint new conferees, shall be privileged--
(A) after a conference committee has been appointed for 20
calendar days without making a report; and
(B) on the first legislative day after the calendar day on
which the Member, Delegate, or Resident Commissioner offering
the motion announces to the House his intention to do so and
the form of the motion.
(2) The Speaker may designate a time in the legislative
schedule on that legislative
[[Page H30]]
day for consideration of a motion described in subparagraph
(1).
(3) During the last six days of a session of Congress, the
period of time specified in subparagraph (1)(A) shall be 36
hours.
(d) Each conference report to the House shall be printed as
a report of the House. Each such report shall be accompanied
by a joint explanatory statement prepared jointly by the
managers on the part of the House and the managers on the
part of the Senate. The joint explanatory statement shall be
sufficiently detailed and explicit to inform the House of the
effects of the report on the matters committed to conference.
8. (a)(1) Except as specified in subparagraph (2), it shall
not be in order to consider a conference report until--
(A) the third calendar day (excluding Saturdays, Sundays,
or legal holidays except when the House is in session on such
a day) on which the conference report and the accompanying
joint explanatory statement have been available to Members,
Delegates, and the Resident Commissioner in the Congressional
Record; and
(B) copies of the conference report and the accompanying
joint explanatory statement have been available to Members,
Delegates, and the Resident Commissioner for at least two
hours.
(2) Subparagraph (1)(A) does not apply during the last six
days of a session of Congress.
(b)(1) Except as specified in subparagraph (2), it shall
not be in order to consider a motion to dispose of a Senate
amendment reported in disagreement by a conference committee
until--
(A) the third calendar day (excluding Saturdays, Sundays,
or legal holidays except when the House is in session on such
a day) on which the report in disagreement and any
accompanying statement have been available to Members,
Delegates, and the Resident Commissioner in the Congressional
Record; and
(B) copies of the report in disagreement and any
accompanying statement, together with the text of the Senate
amendment, have been available to Members, Delegates, and the
Resident Commissioner for at least two hours.
(2) Subparagraph (1)(A) does not apply during the last six
days of a session of Congress.
(3) During consideration of a Senate amendment reported in
disagreement by a conference committee on a general
appropriation bill, a motion to insist on disagreement to the
Senate amendment shall be preferential to any other motion to
dispose of that amendment if the original motion offered by
the floor manager proposes to change existing law and the
motion to insist is offered before debate on the original
motion by the chairman of the committee having jurisdiction
of the subject matter of the amendment or 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 the preferential motion to its
adoption without intervening motion.
(c) A conference report or a Senate amendment reported in
disagreement by a conference committee that has been
available as provided in paragraph (a) or (b) shall be
considered as read when called up.
(d)(1) Subject to subparagraph (2), the time allotted for
debate on a conference report or on a motion to dispose of a
Senate amendment reported in disagreement by a conference
committee shall be equally divided between the majority and
minority parties.
(2) If the floor manager for the majority and the floor
manager for the minority both support the conference report
or motion, one-third of the time for debate thereon shall be
allotted to a Member, Delegate, or Resident Commissioner who
opposes the conference report or motion on demand of that
Member, Delegate, or Resident Commissioner.
(e) Under clause 6(a)(2) of rule XIII, a resolution
proposing only to waive a requirement of this clause
concerning the availability of reports to Members, Delegates,
and the Resident Commissioner may be considered by the House
on the same day it is reported by the Committee on Rules.
9. Whenever a disagreement to an amendment has been
committed to a conference committee, the managers on the part
of the House may propose a substitute that is a germane
modification of the matter in disagreement. The introduction
of any language presenting specific additional matter not
committed to the conference committee by either House does
not constitute a germane modification of the matter in
disagreement. Moreover, a conference report may not include
matter not committed to the conference committee by either
House and may not include a modification of specific matter
committed to the conference committee by either or both
Houses if that modification is beyond the scope of that
specific matter as committed to the conference committee.
10. (a)(1) A Member, Delegate, or Resident Commissioner may
raise a point of order against nongermane matter, as
specified in subparagraph (2), before the commencement of
debate on--
(A) a conference report;
(B) a motion that the House recede from its disagreement to
a Senate amendment reported in disagreement by a conference
committee and concur therein, with or without amendment; or
(C) a motion that the House recede from its disagreement to
a Senate amendment on which the stage of disagreement has
been reached and concur therein, with or without amendment.
(2) A point of order against nongermane matter is one
asserting that a proposition described in subparagraph (1)
contains specified matter that would violate clause 7 of rule
XVI if it were offered in the House as an amendment to the
underlying measure in the form it was passed by the House.
(b) If a point of order under paragraph (a) is sustained, a
motion that the House reject the nongermane matter identified
by the point of order shall be privileged. Such a motion is
debatable for 40 minutes, one-half in favor of the motion and
one-half in opposition thereto.
(c) After disposition of a point of order under paragraph
(a) or a motion to reject under paragraph (b), any further
points of order under paragraph (a) not covered by a previous
point of order, and any consequent motions to reject under
paragraph (b), shall be likewise disposed of.
(d)(1) If a motion to reject under paragraph (b) is
adopted, then after disposition of all points of order under
paragraph (a) and any consequent motions to reject under
paragraph (b), the conference report or motion, as the case
may be, shall be considered as rejected and the matter
remaining in disagreement shall be disposed of under
subparagraph (2) or (3), as the case may be.
(2) After the House has adopted one or more motions to
reject nongermane matter contained in a conference report
under the preceding provisions of this clause--
(A) if the conference report accompanied a House measure
amended by the Senate, the pending question shall be whether
the House shall recede and concur in the Senate amendment
with an amendment consisting of so much of the conference
report as was not rejected; and
(B) if the conference report accompanied a Senate measure
amended by the House, the pending question shall be whether
the House shall insist further on the House amendment.
(3) After the House has adopted one or more motions to
reject nongermane matter contained in a motion that the House
recede and concur in a Senate amendment, with or without
amendment, the following motions shall be privileged and
shall have precedence in the order stated:
(A) A motion that the House recede and concur in the Senate
amendment with an amendment in writing then available on the
floor.
(B) A motion that the House insist on its disagreement to
the Senate amendment and request a further conference with
the Senate.
(C) A motion that the House insist on its disagreement to
the Senate amendment.
(e) If, on a division of the question on a motion described
in paragraph (a)(1)(B) or (C), the House agrees to recede,
then a Member, Delegate, or Resident Commissioner may raise a
point of order against nongermane matter, as specified in
paragraph (a)(2), before the commencement of debate on
concurring in the Senate amendment, with or without
amendment. A point of order under this paragraph shall
be disposed of according to the preceding provisions of
this clause in the same manner as a point of order under
paragraph (a).
-11. It shall not be in order to consider a conference
report to accompany a bill or joint resolution that proposes
to amend the Internal Revenue Code of 1986 unless--
-(a) the joint explanatory statement of the managers
includes a tax complexity analysis prepared by the Joint
Committee on Internal Revenue Taxation in accordance with
section 4022(b) of the Internal Revenue Service Restructuring
and Reform Act of 1998; or-
(b) the chairman of the Committee on Ways and Means causes
such a tax complexity analysis to be printed in the
Congressional Record before consideration of the conference
report.-
12. (a)(1) Subject to subparagraph (2), a meeting of each
conference committee shall be open to the public.-
(2) In open session of the House, a motion that managers on
the part of the House be permitted to close to the public a
meeting or meetings of their conference committee shall be
privileged, shall be decided without debate, and shall be
decided by a record vote.-
(b) A point of order that a conference committee failed to
comply with paragraph (a) may be raised immediately after the
conference report is read or considered as read. If such a
point of order is sustained, the conference report shall be
considered as rejected, the House shall be considered to have
insisted on its amendments or on disagreement to the Senate
amendments, as the case may be, and to have requested a
further conference with the Senate, and the Speaker may
appoint new conferees without intervening motion.
RULE XXIII
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
[[Page H31]]
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.
RULE XXIV
Code of Official Conduct-
There is hereby established by and for the House the
following code of conduct, to be known as the ``Code of
Official Conduct'':-
1. A Member, Delegate, Resident Commissioner, officer, or
employee of the House shall conduct himself at all times in a
manner that shall reflect creditably on the House.-
2. A Member, Delegate, Resident Commissioner, officer, or
employee of the House shall adhere to the spirit and the
letter of the Rules of the House and to the rules of duly
constituted committees thereof.
-3. A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not receive compensation and may
not permit compensation to accrue to his beneficial interest
from any source, the receipt of which would occur by virtue
of influence improperly exerted from his position in
Congress.
4. A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not accept gifts except as provided
by clause 5 of rule XXVI.-
5. A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not accept an honorarium for a
speech, a writing for publication, or other similar activity,
except as otherwise provided under rule XXVI.-
6. A Member, Delegate, or Resident Commissioner---
(a) shall keep his campaign funds separate from his
personal funds;-
(b) may not convert campaign funds to personal use in
excess of an amount representing reimbursement for legitimate
and verifiable campaign expenditures; and-
(c) may not expend funds from his campaign account that are
not attributable to bona fide campaign or political
purposes.-
7. A Member, Delegate, or Resident Commissioner shall treat
as campaign contributions all proceeds from testimonial
dinners or other fund-raising events.-
8. (a) A Member, Delegate, Resident Commissioner, or
officer of the House may not retain an employee who does not
perform duties for the offices of the employing authority
commensurate with the compensation he receives.
(b) In the case of a committee employee who works under the
direct supervision of a member of the committee other than a
chairman, the chairman may require that such member affirm in
writing that the employee has complied with clause 8(a)
(subject to clause 7 of rule X) as evidence of compliance by
the chairman with this clause and with clause 7 of rule X.-
9. A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not discharge and may not refuse to
hire an individual, or otherwise discriminate against an
individual with respect to compensation, terms, conditions,
or privileges of employment, because of the race, color,
religion, sex (including marital or parental status),
disability, age, or national origin of such individual, but
may take into consideration the domicile or political
affiliation of such individual.-
10. A Member, Delegate, or Resident Commissioner who has
been convicted by a court of record for the commission of a
crime for which a sentence of two or more years' imprisonment
may be imposed should refrain from participation in the
business of each committee of which he is a member, and a
Member should refrain from voting on any question at a
meeting of the House or of the Committee of the Whole House
on the state of the Union, unless or until judicial or
executive proceedings result in reinstatement of the
presumption of his innocence or until he is reelected to the
House after the date of such conviction.-
11. A Member, Delegate, or Resident Commissioner may not
authorize or otherwise allow an individual, group, or
organization not under the direction and control of the House
to use the words ``Congress of the United States,'' ``House
of Representatives,'' or ``Official Business,'' or any
combination of words thereof, on any letterhead or envelope.
12. (a) Except as provided in paragraph (b), an employee of
the House who is required to file a report under rule XXVII
may not participate personally and substantially as an
employee of the House in a contact with an agency of the
executive or judicial branches of Government with respect to
nonlegislative matters affecting any nongovernmental person
in which the employee has a significant financial interest.-
(b) Paragraph (a) does not apply if an employee first
advises his employing authority of a significant financial
interest described in paragraph (a) and obtains from his
employing authority a written waiver stating that the
participation of the employee in the activity described in
paragraph (a) is necessary. A copy of each such waiver
shall be filed with the Committee on Standards of Official
Conduct.-
13. Before a Member, Delegate, Resident Commissioner,
officer, or employee of the House may have access to
classified information, the following oath (or affirmation)
shall be executed:
``I do solemnly swear (or affirm) that I will not disclose
any classified information received in the course of my
service with the House of Representatives, except as
authorized by the House of Representatives or in accordance
with its Rules.''
Copies of the executed oath (or affirmation) shall be
retained by the Clerk as part of the records of the House.-
14. (a) In this Code of Official Conduct, the term
``officer or employee of the House'' means an individual
whose compensation is disbursed by the Chief Administrative
Officer.
(b) An individual whose services are compensated by the
House pursuant to a consultant contract shall be considered
an employee of the House for purposes of clauses 1, 2, 3, 4,
8, 9, and 13 of this rule.
RULE XXV
Limitations on Use of Official Funds
Limitations on use of official and unofficial accounts-
1. 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.-
2. Notwithstanding any other provision of this rule, if an
amount from the Official Expenses Allowance of a Member,
Delegate, or Resident Commissioner is paid into the House
Recording Studio revolving fund for telecommunications
satellite services, the Member, Delegate, or Resident
Commissioner may accept reimbursement from nonpolitical
entities in that amount for transmission to the Clerk for
credit to the Official Expenses Allowance.-
3. In this rule the term ``unofficial office account''
means an account or repository in which funds are received
for the purpose of defraying otherwise unreimbursed expenses
allowable under section 162(a) of the Internal Revenue Code
of 1986 as ordinary and necessary in the operation of a
congressional office, and includes a newsletter fund referred
to in section 527(g) of the Internal Revenue Code of 1986.
Limitations on use of the frank-
4. A Member, Delegate, or Resident Commissioner shall mail
franked mail under section 3210(d) of title 39, United States
Code at the most economical rate of postage practicable.-
5. Before making a mass mailing, a Member, Delegate, or
Resident Commissioner shall submit a sample or description of
the mail matter involved to the House Commission on
Congressional Mailing Standards for an advisory opinion as to
whether the proposed mailing is in compliance with applicable
provisions of law, rule, or regulation.-
6. A mass mailing that is otherwise frankable by a Member,
Delegate, or Resident Commissioner under the provisions of
section 3210(e) of title 39, United States Code, is not
frankable unless the cost of preparing and printing it is
defrayed exclusively from funds made available in an
appropriation Act.-
[[Page H32]]
7. A Member, Delegate, or Resident Commissioner may not
send a mass mailing outside the congressional district from
which he was elected.-
8. In the case of a Member, Delegate, or Resident
Commissioner, a mass mailing is not frankable under section
3210 of title 39, United States Code, when it is postmarked
less than 60 days before the date of a primary or general
election (whether regular, special, or runoff) in which he is
a candidate for public office. If the mail matter is of a
type that is not customarily postmarked, the date on which it
would have been postmarked, if it were of a type customarily
postmarked, applies.
9. In this rule the term ``mass mailing'' means, with
respect to a session of Congress, a mailing of newsletters or
other pieces of mail with substantially identical content
(whether such pieces of mail are deposited singly or in bulk,
or at the same time or different times), totaling more than
500 pieces of mail in that session, except that such term
does not include a mailing---
(a) of matter in direct response to a communication from a
person to whom the matter is mailed;-
(b) from a Member, Delegate, or Resident Commissioner to
other Members, Delegates, the Resident Commissioner, or
Senators, or to Federal, State, or local government
officials; or-
(c) of a news release to the communications media.
Prohibition on use of funds by Members not elected to
succeeding Congress-
10. Funds from the applicable accounts described in clause
1(i)(1) of rule X, including funds from committee expense
resolutions, and funds in any local currencies owned by the
United States may not be made available for travel by a
Member, Delegate, Resident Commissioner, or Senator after the
date of a general election in which he was not elected to the
succeeding Congress or, in the case of a Member, Delegate, or
Resident Commissioner who is not a candidate in a general
election, after the earlier of the date of such general
election or the adjournment sine die of the last regular
session of the Congress.
RULE XXVI
Limitations on Outside Earned Income and Acceptance of Gifts
Outside earned income; honoraria-
1. (a) Except as provided by paragraph (b), a Member,
Delegate, Resident Commissioner, officer, or employee of the
House may not---
(1) have outside earned income attributable to a calendar
year that exceeds 15 percent of the annual rate of basic pay
for level II of the Executive Schedule under section 5313 of
title 5, United States Code, as of January 1 of that calendar
year; or-
(2) receive any honorarium, except that an officer or
employee of the House who is paid at a rate less than 120
percent of the minimum rate of basic pay for GS-15 of the
General Schedule may receive an honorarium unless the subject
matter is directly related to the official duties of the
individual, the payment is made because of the status of the
individual with the House, or the person offering the
honorarium has interests that may be substantially affected
by the performance or nonperformance of the official duties
of the individual.-
(b) In the case of an individual who becomes a Member,
Delegate, Resident Commissioner, officer, or employee of the
House, such individual may not have outside earned income
attributable to the portion of a calendar year that occurs
after such individual becomes a Member, Delegate, Resident
Commissioner, officer, or employee that exceeds 15 percent
of the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title 5, United
States Code, as of January 1 of that calendar year
multiplied by a fraction, the numerator of which is the
number of days the individual is a Member, Delegate,
Resident Commissioner, officer, or employee during that
calendar year and the denominator of which is 365.
(c) A payment in lieu of an honorarium that is made to a
charitable organization on behalf of a Member, Delegate,
Resident Commissioner, officer, or employee of the House may
not be received by that Member, Delegate, Resident
Commissioner, officer, or employee. Such a payment may not
exceed $2,000 or be made to a charitable organization from
which the Member, Delegate, Resident Commissioner, officer,
or employee or a parent, sibling, spouse, child, or dependent
relative of the Member, Delegate, Resident Commissioner,
officer, or employee, derives a financial benefit.
2. A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not--
(a) receive compensation for affiliating with or being
employed by a firm, partnership, association, corporation, or
other entity that provides professional services involving a
fiduciary relationship;
(b) permit his name to be used by such a firm, partnership,
association, corporation, or other entity;
(c) receive compensation for practicing a profession that
involves a fiduciary relationship;
(d) serve for compensation as an officer or member of the
board of an association, corporation, or other entity; or
(e) receive compensation for teaching, without the prior
notification and approval of the Committee on Standards of
Official Conduct.
Copyright royalties
3. (a) A Member, Delegate, Resident Commissioner, officer,
or employee of the House may not receive an advance payment
on copyright royalties. This paragraph does not prohibit a
literary agent, researcher, or other individual (other than
an individual employed by the House or a relative of a
Member, Delegate, Resident Commissioner, officer, or
employee) working on behalf of a Member, Delegate, Resident
Commissioner, officer, or employee with respect to a
publication from receiving an advance payment of a copyright
royalty directly from a publisher and solely for the benefit
of that literary agent, researcher, or other individual.
(b) A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not receive copyright royalties
under a contract entered into on or after January 1, 1996,
unless that contract is first approved by the Committee on
Standards of Official Conduct as complying with the
requirement of clause 4(d)(1)(E) (that royalties are received
from an established publisher under usual and customary
contractual terms).
Definitions
4. (a)(1) In this rule, except as provided in subparagraph
(2), the term ``officer or employee of the House'' means an
individual (other than a Member, Delegate, or Resident
Commissioner) whose pay is disbursed by the Chief
Administrative Officer, who is paid at a rate equal to or
greater than 120 percent of the minimum rate of basic pay for
GS-15 of the General Schedule, and who is so employed for
more than 90 days in a calendar year; and
(2) when used with respect to an honorarium, the term
``officer or employee of the House'' means an individual
(other than a Member, Delegate, or Resident Commissioner)
whose salary is disbursed by the Chief Administrative
Officer.
(b) In this rule the term ``honorarium'' means a payment of
money or a thing of value for an appearance, speech, or
article (including a series of appearances, speeches, or
articles) by a Member, Delegate, Resident Commissioner,
officer, or employee of the House, excluding any actual and
necessary travel expenses incurred by that Member, Delegate,
Resident Commissioner, officer, or employee (and one
relative) to the extent that such expenses are paid or
reimbursed by any other person. The amount otherwise
determined shall be reduced by the amount of any such
expenses to the extent that such expenses are not so paid or
reimbursed.
(c) In this rule the term ``travel expenses'' means, with
respect to a Member, Delegate, Resident Commissioner, officer
or, employee of the House, or a relative of such Member,
Delegate, Resident Commissioner, officer, or employee, the
cost of transportation, and the cost of lodging and meals
while away from his residence or principal place of
employment.
(d)(1) In this rule the term ``outside earned income''
means, with respect to a Member, Delegate, Resident
Commissioner, officer, or employee of the House, wages,
salaries, fees, and other amounts received or to be received
as compensation for personal services actually rendered, but
does not include --
(A) the salary of a Member, Delegate, Resident
Commissioner, officer, or employee;
(B) any compensation derived by a Member, Delegate,
Resident Commissioner, officer, or employee of the House for
personal services actually rendered before the adoption of
this rule or before he became a Member, Delegate, Resident
Commissioner, officer, or employee;
(C) any amount paid by, or on behalf of, a Member,
Delegate, Resident Commissioner, officer, or employee of the
House to a tax-qualified pension, profit-sharing, or stock
bonus plan and received by him from such a plan;
(D) in the case of a Member, Delegate, Resident
Commissioner, officer, or employee of the House engaged in a
trade or business in which he or his family holds a
controlling interest and in which both personal services and
capital are income-producing factors, any amount received by
the Member, Delegate, Resident Commissioner, officer, or
employee, so long as the personal services actually rendered
by him in the trade or business do not generate a significant
amount of income; or
(E) copyright royalties received from established
publishers under usual and customary contractual terms; and
(2) outside earned income shall be determined without
regard to community property law.
(e) In this rule the term ``charitable organization'' means
an organization described in section 170(c) of the Internal
Revenue Code of 1986.
Gifts
5. (a)(1) A Member, Delegate, Resident Commissioner,
officer, or employee of the House may not knowingly accept a
gift except as provided in this clause.
(2)(A) In this clause the term ``gift'' means a gratuity,
favor, discount, entertainment, hospitality, loan,
forbearance, or other item having monetary value. The term
includes gifts of services, training, transportation,
lodging, and meals, whether provided in kind, by purchase of
a ticket, payment in advance, or reimbursement after the
expense has been incurred.
(B)(i) A gift to a family member of a Member, Delegate,
Resident Commissioner, officer, or employee of the House, or
a gift to any other individual based on that individual's
relationship with the Member, Delegate, Resident
Commissioner, officer, or employee, shall be considered a
gift to the
[[Page H33]]
Member, Delegate, Resident Commissioner, officer, or employee
if it is given with the knowledge and acquiescence of the
Member, Delegate, Resident Commissioner, officer, or employee
and the Member, Delegate, Resident Commissioner, officer, or
employee has reason to believe the gift was given because of
his official position.
(ii) If food or refreshment is provided at the same time
and place to both a Member, Delegate, Resident Commissioner,
officer, or employee of the House and the spouse or dependent
thereof, only the food or refreshment provided to the Member,
Delegate, Resident Commissioner, officer, or employee shall
be treated as a gift for purposes of this clause.
(3) The restrictions in subparagraph (1) do not apply to
the following:
(A) Anything for which the Member, Delegate, Resident
Commissioner, officer, or employee of the House pays the
market value, or does not use and promptly returns to the
donor.
(B) A contribution, as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, a lawful contribution
for election to a State or local government office, or
attendance at a fundraising event sponsored by a political
organization described in section 527(e) of the Internal
Revenue Code of 1986.
(C) A gift from a relative as described in section 109(16)
of title I of the Ethics in Government Act of 1978 (2 U.S.C.
App. 109(16)).
(D)(i) Anything provided by an individual on the basis of a
personal friendship unless the Member, Delegate, Resident
Commissioner, officer, or employee of the House has reason to
believe that, under the circumstances, the gift was provided
because of his official position and not because of the
personal friendship.
(ii) In determining whether a gift is provided on the basis
of personal friendship, the Member, Delegate, Resident
Commissioner, officer, or employee of the House shall
consider the circumstances under which the gift was offered,
such as:
(I) The history of his relationship with the individual
giving the gift, including any previous exchange of gifts
between them.
(II) Whether to his actual knowledge the individual who
gave the gift personally paid for the gift or sought a tax
deduction or business reimbursement for the gift.
(III) Whether to his actual knowledge the individual who
gave the gift also gave the same or similar gifts to other
Members, Delegates, the Resident Commissioners, officers, or
employees of the House.
(E) Except as provided in paragraph (c)(3), a contribution
or other payment to a legal expense fund established for the
benefit of a Member, Delegate, Resident Commissioner,
officer, or employee of the House that is otherwise lawfully
made in accordance with the restrictions and disclosure
requirements of the Committee on Standards of Official
Conduct.
(F) A gift from another Member, Delegate, Resident
Commissioner, officer, or employee of the House or Senate.
(G) Food, refreshments, lodging, transportation, and other
benefits--
(i) resulting from the outside business or employment
activities of the Member, Delegate, Resident Commissioner,
officer, or employee of the House (or other outside
activities that are not connected to his duties as an
officeholder), or of his spouse, if such benefits have not
been offered or enhanced because of his official position and
are customarily provided to others in similar circumstances;
(ii) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
(iii) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in
connection with a fundraising or campaign event sponsored by
such organization.
(H) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(I) Informational materials that are sent to the office of
the Member, Delegate, Resident Commissioner, officer, or
employee of the House in the form of books, articles,
periodicals, other written materials, audiotapes, videotapes,
or other forms of communication.
(J) Awards or prizes that are given to competitors in
contests or events open to the public, including random
drawings.
(K) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment
provided in the presentation of such degrees and awards).
(L) Training (including food and refreshments furnished to
all attendees as an integral part of the training) if such
training is in the interest of the House.
(M) Bequests, inheritances, and other transfers at death.
(N) An item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
(O) Anything that is paid for by the Federal Government, by
a State or local government, or secured by the Government
under a Government contract.
(P) A gift of personal hospitality (as defined in section
109(14) of the Ethics in Government Act) of an individual
other than a registered lobbyist or agent of a foreign
principal.
(Q) Free attendance at a widely attended event permitted
under subparagraph (4).
(R) Opportunities and benefits that are--
(i) available to the public or to a class consisting of all
Federal employees, whether or not restricted on the basis of
geographic consideration;
(ii) offered to members of a group or class in which
membership is unrelated to congressional employment;
(iii) offered to members of an organization, such as an
employees' association or congressional credit union, in
which membership is related to congressional employment and
similar opportunities are available to large segments of the
public through organizations of similar size;
(iv) offered to a group or class that is not defined in a
manner that specifically discriminates among Government
employees on the basis of branch of Government or type of
responsibility, or on a basis that favors those of higher
rank or rate of pay;
(v) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
(vi) in the form of reduced membership or other fees for
participation in organization activities offered to all
Government employees by professional organizations if the
only restrictions on membership relate to professional
qualifications.
(S) A plaque, trophy, or other item that is substantially
commemorative in nature and that is intended for
presentation.
(T) Anything for which, in an unusual case, a waiver is
granted by the Committee on Standards of Official Conduct.
(U) Food or refreshments of a nominal value offered other
than as a part of a meal.
(V) Donations of products from the district or State that
the Member, Delegate, or Resident Commissioner represents
that are intended primarily for promotional purposes, such as
display or free distribution, and are of minimal value to any
single recipient.
(W) An item of nominal value such as a greeting card,
baseball cap, or a T-shirt.
(4)(A) A Member, Delegate, Resident Commissioner, officer,
or employee of the House may accept an offer of free
attendance at a widely attended convention, conference,
symposium, forum, panel discussion, dinner, viewing,
reception, or similar event, provided by the sponsor of the
event, if--
(i) the Member, Delegate, Resident Commissioner, officer,
or employee of the House participates in the event as a
speaker or a panel participant, by presenting information
related to Congress or matters before Congress, or by
performing a ceremonial function appropriate to his official
position; or
(ii) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, Delegate, Resident Commissioner, officer, or
employee of the House.
(B) A Member, Delegate, Resident Commissioner, officer, or
employee of the House who attends an event described in
subdivision (A) may accept a sponsor's unsolicited offer of
free attendance at the event for an accompanying individual.
(C) A Member, Delegate, Resident Commissioner, officer, or
employee of the House, or the spouse or dependent thereof,
may accept a sponsor's unsolicited offer of free attendance
at a charity event, except that reimbursement for
transportation and lodging may not be accepted in connection
with the event.
(D) In this paragraph the term ``free attendance'' may
include waiver of all or part of a conference or other fee,
the provision of local transportation, or the provision of
food, refreshments, entertainment, and instructional
materials furnished to all attendees as an integral part of
the event. The term does not include entertainment collateral
to the event, nor does it include food or refreshments taken
other than in a group setting with all or substantially all
other attendees.
(5) A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not accept a gift the value of
which exceeds $250 on the basis of the personal friendship
exception in subparagraph (3)(D) unless the Committee on
Standards of Official Conduct issues a written determination
that such exception applies. A determination under this
subparagraph is not required for gifts given on the basis of
the family relationship exception in subparagraph (3)(C).
(6) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
(b)(1)(A) A reimbursement (including payment in kind) to a
Member, Delegate, Resident Commissioner, officer, or employee
of the House from a private source other than a registered
lobbyist or agent of a foreign principal for necessary
transportation, lodging, and related expenses for travel to a
meeting, speaking engagement, factfinding trip, or similar
event in connection with his duties as an officeholder shall
be considered as a reimbursement to the House and not a gift
prohibited by this clause, if the Member, Delegate, Resident
Commissioner, officer, or employee--
(i) in the case of an employee, receives advance
authorization, from the Member, Delegate, Resident
Commissioner, or officer under whose direct supervision the
employee works, to accept reimbursement; and
[[Page H34]]
(ii) discloses the expenses reimbursed or to be reimbursed
and the authorization to the Clerk within 30 days after the
travel is completed.
(B) For purposes of subdivision (A), events, the activities
of which are substantially recreational in nature, are not
considered to be in connection with the duties of a Member,
Delegate, Resident Commissioner, officer, or employee of the
House as an officeholder.
(2) Each advance authorization to accept reimbursement
shall be signed by the Member, Delegate, Resident
Commissioner, or officer of the House under whose direct
supervision the employee works and shall include--
(A) the name of the employee;
(B) the name of the person who will make the reimbursement;
(C) the time, place, and purpose of the travel; and
(D) a determination that the travel is in connection with
the duties of the employee as an officeholder and would not
create the appearance that the employee is using public
office for private gain.
(3) Each disclosure made under subparagraph (1)(A) of
expenses reimbursed or to be reimbursed shall be signed by
the Member, Delegate, Resident Commissioner, or officer (in
the case of travel by that Member, Delegate, Resident
Commissioner, or officer) or by the Member, Delegate,
Resident Commissioner, or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
(A) a good faith estimate of total transportation expenses
reimbursed or to be reimbursed;
(B) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
(C) a good faith estimate of total meal expenses reimbursed
or to be reimbursed;
(D) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed;
(E) a determination that all such expenses are necessary
transportation, lodging, and related expenses as defined in
subparagraph (4); and
(F) in the case of a reimbursement to a Member, Delegate,
Resident Commissioner, or officer, a determination that the
travel was in connection with his duties as an officeholder
and would not create the appearance that the Member,
Delegate, Resident Commissioner, or officer is using public
office for private gain.
(4) In this paragraph the term ``necessary transportation,
lodging, and related expenses''--
(A) includes reasonable expenses that are necessary for
travel for a period not exceeding four days within the United
States or seven days exclusive of travel time outside of the
United States unless approved in advance by the Committee on
Standards of Official Conduct;
(B) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials, and
food and refreshments, including reimbursement for necessary
transportation, whether or not such transportation occurs
within the periods described in subdivision (A);
(C) does not include expenditures for recreational
activities, nor does it include entertainment other than that
provided to all attendees as an integral part of the event,
except for activities or entertainment otherwise permissible
under this clause; and
(D) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, Delegate,
Resident Commissioner, officer, or employee.
(5) The Clerk shall make available to the public all
advance authorizations and disclosures of reimbursement filed
under subparagraph (1) as soon as possible after they are
received.
(c) A gift prohibited by paragraph (a)(1) includes the
following:
(1) Anything provided by a registered lobbyist or an agent
of a foreign principal to an entity that is maintained or
controlled by a Member, Delegate, Resident Commissioner,
officer, or employee of the House.
(2) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a registered
lobbyist or an agent of a foreign principal on the basis of a
designation, recommendation, or other specification of a
Member, Delegate, Resident Commissioner, officer, or employee
of the House (not including a mass mailing or other
solicitation directed to a broad category of persons or
entities), other than a charitable contribution permitted by
paragraph (d).
(3) A contribution or other payment by a registered
lobbyist or an agent of a foreign principal to a legal
expense fund established for the benefit of a Member,
Delegate, Resident Commissioner, officer, or employee of the
House.
(4) A financial contribution or expenditure made by a
registered lobbyist or an agent of a foreign principal
relating to a conference, retreat, or similar event,
sponsored by or affiliated with an official congressional
organization, for or on behalf of Members, Delegates, the
Resident Commissioner, officers, or employees of the House.
(d)(1) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, Delegate, Resident
Commissioner, officer, or employee of the House are not
considered a gift under this clause if it is reported as
provided in subparagraph (2).
(2) A Member, Delegate, Resident Commissioner, officer, or
employee who designates or recommends a contribution to a
charitable organization in lieu of an honorarium described in
subparagraph (1) shall report within 30 days after such
designation or recommendation to the Clerk--
(A) the name and address of the registered lobbyist who is
making the contribution in lieu of an honorarium;
(B) the date and amount of the contribution; and
(C) the name and address of the charitable organization
designated or recommended by the Member, Delegate, or
Resident Commissioner.
The Clerk shall make public information received under this
subparagraph as soon as possible after it is received.
(e) In this clause--
(1) the term ``registered lobbyist'' means a lobbyist
registered under the Federal Regulation of Lobbying Act or
any successor statute; and
(2) the term ``agent of a foreign principal'' means an
agent of a foreign principal registered under the Foreign
Agents Registration Act.
(f) All the provisions of this clause shall be interpreted
and enforced solely by the Committee on Standards of Official
Conduct. The Committee on Standards of Official Conduct is
authorized to issue guidance on any matter contained in this
clause.
Claims against the Government
6. A person may not be an officer or employee of the House,
or continue in its employment, if he acts as an agent for the
prosecution of a claim against the Government or if he is
interested in such claim, except as an original claimant or
in the proper discharge of official duties.
RULE XXVII
Financial Disclosure
1. The Clerk shall send a copy of each report filed with
the Clerk under title I of the Ethics in Government Act of
1978 within the seven-day period beginning on the date on
which the report is filed to the Committee on Standards of
Official Conduct. By August 1 of each year, the Clerk shall
compile all such reports sent to him by Members within the
period beginning on January 1 and ending on June 15 of
each year and have them printed as a House document, which
shall be made available to the public.
2. For the purposes of this rule, the provisions of title I
of the Ethics in Government Act of 1978 shall be considered
Rules of the House as they pertain to Members, Delegates, the
Resident Commissioner, officers, and employees of the House.
RULE XXVIII
General Provisions
1. The provisions of law that constituted the Rules of the
House at the end of the previous Congress shall govern the
House in all cases to which they are applicable, and the
rules of parliamentary practice comprised by Jefferson's
Manual shall govern the House in all cases to which they are
applicable and in which they are not inconsistent with the
Rules and orders of the House.
2. In these rules words importing the masculine gender
include the feminine as well.
SEC. 2. SEPARATE ORDERS.
(a) Budget Enforcement.--(1) Pending the adoption by the
Congress of a concurrent resolution on the budget for fiscal
year 1999--
(A) the chairman of the Committee on the Budget, when
elected, shall publish in the Congressional Record budget
totals contemplated by section 301 of the Congressional
Budget Act of 1974 and allocations contemplated by section
302(a) of that Act for each of the fiscal years 1999 through
2003;
(B) those totals and levels shall be effective in the House
as though established under a concurrent resolution on the
budget and sections 301 and 302 of that Act; and
(C) the publication of those totals and levels shall be
considered as the completion of Congressional action on a
concurrent resolution on the budget for fiscal year 1999.
(2) Pending the adoption by the Congress of a concurrent
resolution on the budget for fiscal year 2000, 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.
(3) 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.
(b) Tenure on Budget Committee.--Notwithstanding clause
5(a)(2)(B) of rule X, during the One Hundred Sixth Congress
tenure on the Committee on the Budget shall not be limited.
(c) Standards Committee Rules.--Each provision of House
Resolution 168 of the One Hundred Fifth Congress that was not
executed as a change in the standing rules is hereby
reaffirmed for the One Hundred Sixth Congress.
[[Page H35]]
(d) Census Subcommittee.--Notwithstanding clause 5(d) of
rule X, during the One Hundred Sixth Congress the Committee
on Government Reform may have not more than eight
subcommittees.
(e) Explanatory Material Relating to Codification of
Rules.--Upon the adoption of this resolution, the Majority
Leader and the Minority Leader or their designees may submit
for inclusion in the Congressional Record as part of the
debate hereon such extraneous and tabular matter as they may
consider to constitute legislative history concerning the
codification of the standing rules.
(f) Continuation of Select Committee.--
(1) In general.--Solely for the purpose of completing
activities directly associated with the declassification and
public release of its report, the Select Committee on U.S.
National Security and Military/Commercial Concerns With the
People's Republic of China (hereafter referred to as the
``Select Committee''), created by House Resolution 463, One
Hundred Fifth Congress, agreed to June 18, 1998 (hereafter
referred to as the ``Authorizing Resolution''), may sit and
act during the One Hundred Sixth Congress at any time prior
to April 1, 1999, as it may deem appropriate, without regard
to whether or not the House of Representatives is in session
at the time.
(2) Continuation of powers and jurisdiction.--Solely for
the purpose described in paragraph (1), the Select
Committee's jurisdiction, and all other powers, authorities,
responsibilities, and procedures of the Select Committee and
of other Committees of the House of Representatives, shall
remain as set forth in the Authorizing Resolution, except as
follows:
(A) Section 10 of the Authorizing Resolution shall not be
continued.
(B) Sections 8 and 9 of the Authorizing Resolution shall
apply only to the enforcement of requests for information
which are issued prior to January 3, 1999, and to issuing and
enforcing requests for information directly related to the
declassification and public release of the Select Committee's
report.
(3) Disposition of records.--In addition to the powers and
authorities extended under paragraph (2), upon the
termination of the Select Committee, all records of the
Select Committee shall be transferred to other committees of
the House of Representatives, stored by the Clerk of the
House of Representatives, or otherwise disposed of as the
Select Committee may direct, consistent with applicable rules
and laws concerning classified information.
(4) No additional funds.--Funds for the Select Committee
for carrying out activities under this subsection during the
One Hundred Sixth Congress shall be derived solely from
amounts provided pursuant to the Authorizing Resolution which
remain unobligated and unexpended as of the end of the One
Hundred Fifth Congress.
(g) Numbering of Bills.--In the One Hundred Sixth 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 before March 1, 1999.
SEC. 3. SPECIAL ORDER OF BUSINESS.
Upon the adoption of this resolution it shall be in order
to consider in the House a resolution amending clause 5 of
rule XXVI, if offered by the Majority Leader or his designee.
The resolution shall be considered as read for amendment. The
previous question shall be considered as ordered on the
resolution to final adoption without intervening motion or
demand for division of the question except one hour of debate
equally divided and controlled by the Majority Leader and the
Minority Leader or their designees.
Mr. ARMEY (during the reading). Mr. Speaker, I ask unanimous consent
that the resolution be considered as read and printed in the Record.
The SPEAKER. Is there objection to the request of the gentleman from
Texas?
There was no objection.
The SPEAKER. The gentleman from Texas (Mr. Armey) is recognized for 1
hour.
Mr. ARMEY. Mr. Speaker, for the purposes of debate only, I yield the
customary 30 minutes to the distinguished minority leader, the
gentleman from Missouri (Mr. Gephardt), or his designee, pending which
I yield myself such time as I may consume. During consideration of the
resolution, all time yielded is for the purpose of debate only.
Mr. Speaker, I ask unanimous consent that the time allocated to me
under the previous unanimous consent request be conceded to the
gentleman from California (Mr. Dreier), the chairman of the Committee
on Rules.
The SPEAKER. Is there objection to the request of the gentleman from
Texas?
There was no objection.
The SPEAKER. The gentleman from California (Mr. Dreier) is
recognized.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
(Mr. DREIER asked and was given permission to revise and extend his
remarks, and to include extraneous material in the Record.)
Mr. DREIER. Mr. Speaker, before you leave the Chair, I want to extend
my hearty congratulations to you.
Mr. Speaker, as has been said, the customary 30 minutes is already
yielded to my very good friend and the distinguished ranking member,
the gentleman from South Boston, Massachusetts (Mr. Moakley).
Mr. Speaker, I think it is fair to characterize this House rules
package as one of the most bipartisan in decades. The overwhelming
majority of the changes provided for in this package were developed by
a bipartisan task force of the House Committee on Rules.
Working extensively over the past 2 years, with the nonpartisan
office of the Office of Parliamentarian, the task force developed a
more rational and orderly set of House rules, and their recommendations
are fully embedded in this resolution.
Adopting the rules of the House in a recodified format will make the
House easier to understand. The House has not undertaken a
comprehensive revision of its rules since 1880. Many of the previous
rules are obsolete, confusing, misleading, incomplete and poorly
organized. Some of the rules have been understood and implied
inconsistently due to the awkward way in which those rules were
drafted. The result is that the legislative process and the activities
of the House frequently prove difficult to understand and learn, much
less to master.
Now, Mr. Speaker, I want to heartily commend my colleagues on the
other side of the aisle, specifically the gentleman from Massachusetts
(Mr. Moakley), the ranking member of the committee; the gentleman from
Texas (Mr. Frost), the gentleman from Ohio (Mr. Hall) and the
gentlewoman from New York (Ms. Slaughter) for the tremendous effort
that they and members of their staff put into this project.
We owe special thanks to the Parliamentarians, and I specifically
want to mention Mr. Johnson and his staff. They worked long and hard on
this issue. They spent countless hours, weeknights and weekends,
drafting this new structure of the rules. As a result of their work,
the rules for the 106th Congress will be clearly more logical and user
friendly.
Mr. Speaker, specifically the rules have been cut nearly in half,
condensed from 51 rules down to 28 rules. Obsolete and archaic
provisions have been removed, but the most important citations have
been retained for purposes of consistency with precedent and practice.
These are significant bipartisan institutional reforms which will make
it easier for Members to do their work and for the average American to
understand and appreciate the legislative process.
In light of the remarks by the Speaker here in the well about his
desire to see greater faith in this institution by the American people,
I believe that having this process more understandable is a very, very
important thing, and that is accomplished with this package.
Now, Mr. Speaker, in addition to the recodification that makes up the
vast majority of H. Res. 5, the resolution makes a number of technical
changes to the standing rules of the House and those are contained in
section 1 of the resolution.
For example, H. Res. 6 in the 104th Congress included a provision in
clause 2 of rule X which requires committees to approve an oversight
plan before February 15th of the first session of each Congress and
submit it to the Committee on Government Reform and Oversight and the
Committee on House Oversight. In addition, the rule established a point
of order against consideration of the entire committee funding
resolution on the House floor if the oversight plan was not adopted and
submitted before February 15th.
In 1997, the committee assignment process on both sides of the aisle
was not completed by February 15th and certain committees were unable
to organize in time. Also, the Committee on Standards of Official
Conduct was unable to organize until September 1997 due to the
establishment of the ethics reform task force. Consideration of the
committee funding resolution on the floor should not be tied to the
adoption of oversight plans by committees, particularly if one or both
parties have
[[Page H36]]
not completed the committee assignment process.
The purpose of the rule change was to encourage committees to plan
oversight activities in advance, and to adopt those plans in public
session. Therefore, the resolution retains the February 15th date to
encourage committees to adopt their oversight plans early.
Now, Mr. Speaker, clause 5(d) of rule X limits the number of
subcommittees that a committee may have to not more than five
subcommittees. Exemptions are provided for the Committee on
Appropriations, the Committee on Government Reform and Oversight, and
the Committee on Transportation and Infrastructure. To facilitate more
responsible programmatic oversight, which is a priority of the Speaker,
the resolution permits those committees, subject to the five-
subcommittee limitation, to establish a sixth subcommittee if one of
the six subcommittees is an ``oversight'' subcommittee.
The practice of pairing, which involves absent Members arranging with
other absent Members on opposite sides of a specific question the
ability to stipulate how they would have voted, would be eliminated in
favor of the more certain system of putting a statement in the Record
as to how the Member would have voted, which appears immediately after
the vote. The headings for these statements will read ``stated `yea' ''
or ``stated `nay.' '' These statements do not have to be read from the
floor if they are submitted in a timely fashion to the clerks,
generally 1 to 2 hours after the vote.
If a significant time has elapsed since the vote, a Member can ask
unanimous consent on the floor that his statement of how he might have
voted appear immediately after the vote.
Finally, section 1 contains two ethics-related rules, changes which
were recommended in a bipartisan fashion by the Committee on Standards
of Official Conduct. The first change closes an existing loophole in
the rules by requiring committee consultants to abide by the key
provisions of the Code of Official Conduct. Those provisions include
the requirement that they conduct themselves in a manner which reflects
credibly on the House, the conflict-of-interest provisions and the gift
rule.
Mr. Speaker, the second change conforms House rules to recent Supreme
Court decisions relating to honoraria earned by certain lower-level
Federal employees. Such employees would be permitted to receive
honoraria, such as compensation for an article, speech or appearance
for activities not related to official duties.
Section 2 of the resolution consists of ``Separate Orders'' which do
not change any of the standing rules of the House. These are more or
less housekeeping provisions which deem certain actions will waive the
application of certain rules of the House. For example, because
Congress failed to adopt a concurrent budget resolution for fiscal year
1999, the Congressional Budget Act is unenforceable, absent the
establishment of budget allocations for committees in the House.
Therefore, the resolution authorizes the chairman of the Committee on
the Budget to publish allocations contemplated by a section 302(a) of
the Congressional Budget Act in the Congressional Record.
On September 18th of 1997, the House adopted recommendations of a 12-
member bipartisan task force on ethics reform with certain amendments
which included not only changes to the standing rules of the House, but
also freestanding directives to the Committee on Standards of Official
Conduct.
{time} 1430
Those freestanding directives address committee agendas, committee
staff, meetings and hearings, public disclosure, requirements to
constitute a complaint, duties of the chairman and ranking member,
investigative and adjudicatory subcommittees, standard of proof for
adoption of statement of alleged violation, subcommittee powers, due
process rights of respondents, and committee reporting requirements. In
order to have force and effect in the 106th Congress, the freestanding
provisions of H. Res. 168 are being carried forward by the resolution.
Mr. Speaker, on November 13th, 1997, the House approved H. Res. 326,
which provided an exception for the Committee on Government Reform and
Oversight to temporarily establish an eighth subcommittee for the
remainder of the 105th Congress. This rules package allows the
committee to again establish an eighth subcommittee to accommodate the
need for extensive oversight over the census.
The Committee on Rules believes that the type of oversight which is
needed for issues such as sampling, questionnaire content, and
continuous measurement cannot be done effectively by the full committee
or by its other subcommittees. Therefore, this resolution grants the
Committee on Government Reform and Oversight another waiver of clause
5(d) of rule X to permit an eighth subcommittee for the duration of the
106th Congress.
The resolution contains a provision continuing the Select Committee
on U.S. National Security and Military/Commercial Concerns with the
People's Republic of China in the 106th Congress. The Select Committee,
ably chaired by my colleague, the gentleman from California (Mr. Cox),
was established by House adoption of H. Res. 463 on June 18, 1998, by
an overwhelming vote of 409-10.
The Select Committee, operating in an extraordinary atmosphere of
bipartisan cooperation, has produced a thorough and detailed report
addressing the question of whether U.S. national security has been
endangered by certain technology transfers to the People's Republic of
China during the Clinton administration. The report was agreed to by
all nine members of the Select Committee, on both the Democratic and
Republican sides of the aisle, and all the members are also in
agreement on the need to briefly, I underscore ``briefly,'' extend the
life of the Select Committee. The report of the Select Committee,
however, is classified.
Solely for the purpose of declassification and public release of the
report of the Select Committee, the Select Committee will be continued
in the 106th Congress for 3 months. The procedural authorities at the
disposal of the Select Committee are limited by the language in the
rules package and there are no additional funds authorized. The Select
Committee will be maintained by unobligated balances remaining from the
establishing resolution of the 105th Congress.
Finally, section 3 makes it in order to separately consider a
resolution introduced by the majority leader or his designee, amending
clause 5 of rule XXVI to conform the House gift rule to the Senate gift
rule. The resolution shall be debatable for 1 hour, equally divided and
controlled by the majority leader and the minority leader or their
designees.
At this point, Mr. Speaker, I would like to include for the Record a
section-by-section summary of H. Res. 5, as well as other relevant
material. And also, pursuant to section 2 of this resolution, and as
the designee of the majority leader, I will be inserting for the Record
certain extraneous and tabular information for the purpose of
establishing a legislative history to the recodification package that
we have put into place after 2 years of long and drawn-out work.
Mr. Speaker, I think it would be fair to characterize this House
rules package as one of the most bipartisan in decades. The
overwhelming majority of the changes provided for in this package were
developed by a bipartisan task force of the House Rules Committee.
Working extensively over the past 2 years with the nonpartisan Office
of the parliamentarian, the task force developed a more rational and
orderly set of House rules, and their recommendations are fully
embedded in this resolution.
Adopting the rules of the House in a recodified format will make the
work of the House easier to understand.
The House has not undertaken a comprehensive revision of its rules
since 1880. Many of the previous rules are obsolete, confusing,
misleading, incomplete and poorly organized. Some of the rules have
been understood and applied inconsistently due to the awkward way in
which the those rules were drafted. The result is that the legislative
process and the activities of the House frequently prove difficult to
learn and understand, much less master.
I want to commend my colleagues on the other side (Mr. Moakley, Mr.
Frost, Mr. Hall, and Mrs. Slaughter) for the tremendous effort that
they and their staffs have put into this project. We owe special thanks
to the parliamentarians, who spent countless hours, weeknights and
weekends drafting the new structure of the rules. As a result of their
work,
[[Page H37]]
the rules of the House for the 106th Congress will be more logical and
user-friendly.
Specifically, the rules have been condensed from 51 to 28.
Obsolete and archaic provisions have been removed, but the most
important citations have been retained for purposes of consistency with
precedent and practice.
These are significant bipartisan institutional reforms which will
make it easier for Members to do their work, and for the average
American to understand and appreciate the legislative process.
In addition to the recodification that makes up the vast majority of
H. Res. 5, the resolution makes a number of technical changes to the
standing rules of the House, and those are contained in section 1 of
the resolution. For example:
The name of the Committee on Government Reform and Oversight will be
changed to the Committee on Government Reform.
The name of the Committee on House Oversight will be changed to the
Committee on House Administration.
The name of the Committee on National Security will be changed to the
Committee on Armed Services.
The resolution clarifies that the Speaker appoints and sets the
annual rate of pay for employees of the Office of the Historian, which
was established in old clause X of Rule I in the 101st Congress. An
earlier form of this clause provided for the seven-year establishment
of an Office for the Bicentennial to coordinate the commemoration of
the 200th anniversary of the House of Representatives. The management,
supervision, and administration of the Office was under the direction
of the Speaker and was staffed by a professional historian appointed by
the Speaker on a non-partisan basis.
In 1984, the Office of Bicentennial was removed from the standing
rules and established by law for the remainder of its existence. This
technical change clarifies that the Speaker appoints and sets the
annual rate of pay for employees of the Office of the Historian.
The requirement that the full text of a resolution proposing a
question of the privilege of the House to read could be dispensed with
by unanimous consent at the point of its initial announcement to the
House. Questions of privilege are brought before the House in the form
of a resolution, which may be called up by any Member after proper
notice and announcement of the form of the resolution.
Currently, rule IX requires that a Member giving notice of a question
of the privileges of the House orally announce (read) the full text of
his proposed resolution. If the Speaker rules that the question of
privilege is admissible, the resolution is required to be read in full
when it is called up. Therefore, the requirement that it be read at the
point of its initial announcement to the House is unnecessary and
redundant. This change would make it possible in cases of mutual
convenience to dispense with the oral announcement by unanimous
consent.
As part of the Balanced Budget Act of 1997, Congress passed the
Budget Enforcement Act containing reforms of the budget process dealing
with various procedural and enforcement matters. Due to the breadth and
scope of these reforms, there are four areas where technical amendments
are necessary to conform the rules of the House with various statutory
laws relating to the budget process. The areas of technical correction
involve oversight requirements of the Budget Committee, the
consideration of bills providing new entitlement authority, the
submission of views and estimates on the President's budget, and the
application of certain points of order relating to the timing of
consideration of legislation. These are very minor and technical
changes that are necessary to remove current conflicts between the
Budget Act and the rules of the House.
H. Res. 6 in the 104th Congress included a provision in clause 2 of
rule X which requires committees to approve an oversight plan before
February 15th of the first session of each Congress and submit it to
the Government Reform and Oversight Committee and the House Oversight
Committee. In addition, the rule established a point of order against
consideration of the entire committee funding resolution on the House
floor if the oversight plan was not adopted and submitted before
February 15. In 1997, the committee assignment process, on both sides
of the aisle, was not completed by February 15 and certain committees
were unable to organize in time.
Also, the Ethics Committee was unable to organize until September
1997 due to the establishment of the Ethics Reform Task Force.
Consideration of the Committee funding resolution on the floor should
not be tied to the adoption of oversight plans by committees,
particularly if one or both parties have not completed the committee
assignment process.
The purpose of the rule change was to encourage committees to plan
oversight activities in advance, and adopt those plans in a public
session. Therefore, the resolution retains the February 15 date to
encourage committees to adopt their oversight plans early.
Clause 5(d) of House Rule X limits the number of subcommittees that a
committee may have to not more than five subcommittees. Exemptions are
provided for the Committee on Appropriations, the Committee on
Government Reform and Oversight, and the Committee on Transportation
and Infrastructure.
To facilitate more responsible programmatic oversight of executive
branch agencies and programs, the resolution permits those committees
subject to the five subcommittee limitation to establish a sixth
subcommittee if one of the six subcommittees is an ``oversight''
subcommittee.
H. Res. 5 in the 105th Congress permitted committees to adopt a rule
or motion permitting an equal number of its majority and minority party
Members to question a witness for not longer than 30 minutes. Also, the
rule change permitted committees to adopt a rle or motion permitting
committee staff for its majority and minority party members to question
a witness. The legislative history accompanying this change established
an aggregate cap of 60 minutes on Member or staff questioning. This
resolution clarifies the rule allowing extended Member questioning and
staff questioning to address ambiguities in its implementation. This
will eliminate any confusion surrounding the question of whether an
aggregate cap on extended Member questioning or staff questioning
exists under the rule.
The change in the rules in clause 2(m) of rule XI relating to
subpoenas for documents issued by House committees is designed to
clarify that a subpoena need not be returned to a formal meeting or
hearing of a committee. A committee may prescribe the terms of return
other than at a meeting or hearing of the committee.
The practice of pairing, which involves absent Members arranging with
other absent members on opposite sides of a specified question the
ability to stipulate how they would have voted, would be eliminated in
favor of the more certain system of putting a statement in the Record
as to how the Member would have voted, which appears immediately after
the vote. The headings for these statements will read ``Stated Yea'' or
``Stated Nay.'' These statements do not have to be read from the floor
if they are submitted in a timely fashion to the Record clerks
(generally 1 or 2 hours after the vote). If a significant time has
elapsed since the vote, a Member can ask unanimous consent on the floor
that his statement of how he might have voted appear immediately after
the vote.
The resolution extends the Speaker's authority to postpone votes to
any vote on an original motion to instruct conferees. The Speaker has
the discretionary authority under Rule XX, clause 8 to postpone certain
questions and to ``cluster'' them for voting at a designated time or
place in the legislative schedule. Currently, the list of questions on
which record votes may be postponed does not include the motion to
instruct conferees at the time of their appointment (although it does
include the ``20-day'' motion).
The Speaker's authority to reduce to five minutes the voting time on
postponed votes would be extended to all postponed questions, and on
questions incidental thereto, so long as the first vote on a question
in a series of questions is no less than 15 minutes. Currently, the
first record vote in a series of postponed questions has to be a 15-
minute vote even if immediately following another record vote on a non-
postponed question.
In particular, a vote on a motion to reconsider or a motion to table
a motion to reconsider--even though held not to abrogate the Chair's
authority to continue 5-minute voting on a series of postponed
questions--nevertheless must be a 15-minute vote. This change would
allow even the first in a series of postponed questions to be a 5-
minute vote so long as the first record vote in any unbroken series
were 15 minutes. More specific, votes ``incidental'' to postponed
questions could be conducted as 5-minute votes.
In the rules of the House for the 105th Congress, the Transportation
Committee's jurisdiction included ``measures related to the
construction or maintenance of roads and bridges, other than
appropriations therefor.'' This clause also contained a proviso which
provides that ``it shall not be in order for any bill providing for
general legislation in relation to roads to contain any provision for
any specific road nor for any bill in relation to a specific road to
embrace a provision in relation to any other specific road.'' In the
recodified form of the House rules, this proviso would have been
transferred to clause 3 of Rule XXI. However, the provision will be
deleted by the resolution because it is obsolete.
Clause 8 of rule XXIV (Code of Official Conduct) prohibits a Member
or officer of the House from retaining an employee who does not perform
official duties commensurate with the compensation received in the
offices of the employing authority. The resolution conforms
[[Page H38]]
House rules with other statutory changes which permit telecommuting by
federal employees. It is anticipated that the House Administration
Committee would follow up with appropriate regulations defining what is
permissible under the rule.
Finally, section 1 contains two ethics-related rules changes which
were recommended in a bipartisan fashion by the Committee on Standards
of Official Conduct.
The first change closes an existing loophole in the rules by
requiring committee consultants to abide by the key provisions of the
Code of Official Conduct. Those provisions include the requirement that
they conduct themselves in a manner which reflects creditably on the
House, the conflict-of-interest provisions, and the gift rule.
The second change conforms House rules to recent Supreme Court
decisions relating to honoraria earned by certain lower level Federal
employees. Such employees would be permitted to receive honoraria, such
as compensation for an article, speech, or appearance, for activities
not related to official duties.
Section 2 of the resolution consists of ``Separate Orders'' which do
not change any of the standing rules of the House. These are more or
less housekeeping provisions which deem certain actions or waive the
application of certain rules of the House. For example:
Because Congress failed to adopt a concurrent budget resolution for
fiscal year 1999, the Congressional Budget Act is unenforceable absent
the establishment of budget allocations for committees in the House.
Therefore, the resolution authorizes the chairman of the Budget
Committee to publish allocations contemplated by section 302(a) of the
Congressional Budget Act in the Congressional Record.
On September 18, 1997, the House adopted the recommendations of a 12-
member bipartisan task force on ethics reform with certain amendments,
which included not only changes to the standing rules of the House but
also free-standing directives to the Committee on Standards of Official
Conduct. Those free-standing directives address committee agendas,
committee staff, meetings and hearings, public disclosure, requirements
to constitute a complaint, duties of the chairman and ranking member,
investigative and adjudicatory subcommittees, standard of proof for
adoption of statement of alleged violation, subcommittee powers, due
process rights of respondents, and committee reporting requirements. In
order to have force and effect in the 106th Congress, the free-standing
provisions of H. Res. 168 are being carried forward by the resolution.
When the House adopted H. Res. 5 in the 104th Congress, it adopted a
new provision [House Rule X, clause 5(d)] which stipulates that no
House committee ``shall have more than five subcommittees.'' The rule
made an exception for the Government Reform Committee, the panel was
authorized by the rule to have ``no more than seven'' subcommittees.
Government Reform was granted the exception because it absorbed the
functions of two standing committees (District of Columbia and Post
Office and Civil Service), which the House abolished on January 4,
1995.
On November 13, 1997, the House approved H. Res. 326, which provided
an exception for the Committee on Government Reform to temporarily
establish an eighth subcommittee for the remainder of the 105th
Congress. This rules package allows the Committee to again establish an
eighth subcommittee to accommodate the need for extensive oversight
over the census.
The Rules Committee believes that the type of oversight that is
needed for issues such as sampling, questionnaire content, and
continuous measurement cannot be done effectively by the full Committee
or by its other subcommittees. Therefore, this resolution grants the
Government Reform Committee another waiver of clause 5(d) of rule X to
permit an eighth subcommittee for the duration of the 106th Congress.
The resolution contains a provision continuing the Select Committee
on U.S. National Security and Military/Commercial Concerns With the
People's Republic of China in the 106th Congress. The Select Committee,
ably chaired by my California colleague, Mr. Cox, was established by
House adoption of H. Res. 463 on June 18, 1998 by an overwhelming vote
of 409-10.
The Select Committee, operating in an extraordinary atmosphere of
bipartisan cooperation, has produced a thorough and detailed report
addressing the question of whether U.S. national security has been
endangered by certain technology transfers to the People's Republic of
China during the Clinton administration. The report was agreed to by
all nine members of the Select Committee--on both sides of the aisle--
and all the members are also in agreement on the need to briefly extend
the life of the Select Committee. The Select Committee's report,
however, is classified.
Solely for the purpose of declassification and public release of the
Select Committee's report, the Select Committee will be continued in
the 106th Congress for 3 months. The procedural authorities at the
disposal of the Select Committee are limited by the language in the
rules package, and there are no additional funds authorized. The Select
Committee will be maintained by unobligated balances remaining from the
establishing resolution of the 105th Congress.
Finally, section 3 makes it in order to separately consider a
resolution introduced by the majority leader or his designee, amending
clause 5 of rule XXVI to conform the House gift rule to the Senate gift
rule. The resolution shall be debatable for 1 hour equally divided and
controlled by the majority leader and the minority leader or their
designees.
At this point, Mr. Speaker, I would like to include for the Record a
section-by-section summary of H. Res. 5, as well as other relevant
material. Also, pursuant to section 2 of this resolution and, as the
designee of the majority leader, I will be inserting for the Record
certain extraneous and tabular information for the purpose of
establishing a legislative history relating to the recodification of
the rules of the House.
Section-by-Section Summary of Substantive Changes Contained in H. Res.
5--Adopting House Rules for the 106th Congress
1. Redesignation of Committee on Government Reform and
Oversight. The Committee on Government Reform and Oversight
is redesignated as the Committee on Government Reform in each
place it appears in the rules.
2. Redesignation of Committee on House Oversight. The
Committee on House Oversight is redesignated as the Committee
on House Administration in each place it appears in the
rules.
3. Redesignation of Committee on National Security. The
Committee on National Security is redesignated as the
Committee on Armed Services in each place it appears in the
rules.
4. Office of the Historian. Clarifies that the Speaker
appoints and sets the annual rate of pay for employees of the
Office of the Historian. [Rule II, clause 7]
5. Notice of form of question of privilege. The requirement
that the full text of a resolution proposing a question of
the privilege of the House be read could be dispensed with by
unanimous consent at the point of its initial announcement to
the House. [Rule IX, clause 2(a)(1)]
6. Budget Process. These provisions are necessary to
conform certain rules of the House with the amendments made
to the Budget Act by the Balanced Budget Enforcement Act of
1997. These changes relate to the oversight requirements of
the Budget Committee, the consideration of bills providing
new entitlement authority, and the submission of views and
estimates on the President's budget. [Rule X: clause 1(b)(4);
clause 2(b)(1); clause 4(f); clause 4(g)]
7. Committee oversight plans. The prohibition against the
consideration of any committee expense resolution when a
committee has not adopted and submitted its oversight plans
to the Committee on House Administration and the Committee on
Government Reform by February 15 of the first session of the
Congress would be repealed. [Rule X, clause 2(d)(2)]
8. Service on the Committee on Standards of Official
Conduct. The House rule requiring four members to rotate off
the Standards Committee every Congress would be eliminated.
The House rule prohibiting Members from serving more than two
Congresses in any period of three successive Congresses on
the Standards Committee would be amended to prohibit Members
from serving more than three Congresses in any period of five
successive Congresses. [Rule X, clause 5]
9. Oversight Subcommittees. The restriction on committees
maintaining more than five subcommittees would be maintained
in the rule, while committees that maintain a subcommittee on
oversight would be restricted to not more than six
subcommittees. [Rule X, clause 5(d)]
10. Exceptions to five-minute rule in hearings. The rule,
adopted at the beginning of the 105th Congress, to permit
committees to adopt a rule or motion to extend questioning
for selected majority and minority members and to permit the
questioning of witnesses by staff is clarified to address
ambiguities in the rule. [Rule XI, clause 2(j)]
11. Subpoenas. The House rule granting committees authority
to issue subpoenas is clarified to state the common practice
that a subpoena may specify the terms of return other than at
a meeting or hearing of a committee or subcommittee. [Rule
XI, clause 2(m)]
12. Abolishment of pairs other than ``live pairs.'' The
practice of pairing, which involves absent Members arranging
with other absent Members on opposite sides of a specified
question the ability to stipulate how they would have voted,
would no longer be permitted. However, ``live pairs,'' which
involve an agreement between one Member who is present and
voting and another on the opposite side of the question, who
is absent, would continue to be permitted. [Rule XX, clause
8]
13. Postponement of vote on original motion to instruct
conferees. The Speaker's current authority to postpone votes
would be extended to any vote on an original motion to
instruct conferees. [Rule XX, clause 8]
14. Five-minute voting. The Speaker's authority to reduce
to five minutes the voting
[[Page H39]]
time on postponed votes would be extended to all postponed
questions, and on questions incidental thereto, so long as
the first vote on a question in a series of questions is no
less than 15 minutes. [Rule XX, clause 10]
15. Elimination of Specific Road Point of Order. The
obsolete point of order against consideration of a general
roads bill containing provisions relating to specific roads
is deleted. [Rule XXI, clause 3]
16. Technical amendments. The requirement that a House
employee must perform duties commensurate with the
compensation received ``in the offices of the employing
authority'' is modified to conform with other statutory
changes which permit telecommuting by federal employees.
[Rule XXIV, clause 8(a)] To conform with administrative
changes put in place at the beginning of the 104th Congress,
``Chief Administrative Officer'' is substituted for ``Clerk''
with respect to the entity responsible for dispersing the pay
of officers and employees of the House. [Rule XXIV, clause 1]
17. Consultants. Consultants would be required to abide by
the key provisions of House rule XXIV, the Code of Official
Conduct, including the requirement that they conduct
themselves in a manner that reflects creditably on the House,
the conflict-of-interest provision, and the gift rule. [Rule
XXIV, clause 14(b)]
18. Honoraria. Certain lower-level House employees would be
permitted to receive honoraria (i.e., compensation for an
article, speech, or appearance) for activities not related to
official duties. [Rule XXVI, clause 2]
Section 2. Separate Orders
1. Budget Enforcement. This provision authorizes the
chairman of the Committee on the Budget to publish budget
allocations contemplated by section 302(a) of the
Congressional Budget Act in the Congressional Record pending
the adoption by the Congress of a concurrent resolution on
the budget for fiscal year 1999. Once published, those budget
levels shall be effective in the House as though established
by passage of a concurrent resolution on the budget. This
provision also clarifies the application of section 315 of
the Congressional Budget Act with respect to points of order
raised under section 303 of the Budget Act (relating to
consideration of spending or revenue measures prior to the
adoption of a concurrent resolution on the budget.)
2. Tenure on the Budget Committee. Clause 5(a)(2) of House
rule X prohibits Members from serving on the Budget Committee
for more than 4 congresses (8 years) in any period of six
successive congresses (12 years). The applicability of this
rule would be waived for the duration of the 106th Congress.
3. Standards Committee rules. The free-standing directives
of H. Res. 168 of the 105th Congress (sections 3, 4, 5, 7,
10, 11, 12, 13, 14, 15, 16, 17, 20, and 21) regarding ethics
reform would be carried forward in the 106th Congress.
4. Census Subcommittee. Clause 5(d) of House rule X
restricts House committees from establishing more than 5
subcommittees, with an exception for the Committee on
Government Reform, which is permitted to have seven. For the
purpose of effective oversight of the census, this provision
provides a waiver for the Committee on Government Reform to
have eight subcommittees in the 106th Congress.
5. Explanatory Material Relating to Recodification of
Rules. This provision gives the Majority Leader and the
Minority Leader or their designees the ability to submit
certain extraneous and tabular information in the
Congressional Record for the purpose of legislative history
relating to the recodification of the standing rules of the
House.
6. Continuance of Select Committee. This provision
establishes in the 106th Congress a Select Committee on U.S.
National Security and Military/Commercial Concerns With the
People's Republic of China solely for the purpose of
completing the declassification and public release of its
report prepared by the Select Committee of the 105th
Congress. [The Select Committee was established by the House
agreeing to H. Res. 463 on June 18, 1998 by a vote of 409-
10.] The procedural authorities of the Select Committee
contained in sections 8 and 9 of H. Res. 463, relating to
transfers of information and information gathering, shall be
limited in the 106th Congress to enforcing requests for
information issued before January 3, 1999 and to issue and
enforce requests directly related to the declassification and
public release of the Select Committee's report. Also, the
provisions of section 10 of H. Res. 463, relating to tax
information, shall not apply in the 106th Congress. Expenses
of the Select Committee may be paid from applicable accounts
of the House which may not exceed those available as
unexpended balances of the Select Committee from the 105th
Congress. The Select Committee shall cease to exist on March
31, 1999.
7. Numbering of Bills. The first ten numbers for bills
(H.R. 1 through H.R. 10) shall be reserved for assignment by
the Speaker when introduced on or before March 1, 1999.
section 3. special order of business
This provision provides that upon the adoption of H. Res.
5, it shall be in order to separately consider a resolution
introduced by the Majority Leader or his designee, amending
clause 5 of rule XXVI, the House gift rule. The resolution
shall be debatable for one hour equally divided and
controlled by the Majority Leader and the Minority Leader or
their designees.
Description of resolution to be offered by the majority leader or his
designee
The House gift rule would be amended to incorporate
verbatim the text of a provision of the Senate gift rule
which would allow a Member, officer, or employee to accept a
gift (other than cash or cash equivalent) that he or she
reasonably and in good faith believes to have a value of less
than $50, and a cumulative value from one source in a
calendar year of less than $100. No gift with a value below
$10 would count toward the annual limit.
____
House of Representatives, Select Committee on U.S.
National Security and Military/Commercial Concerns With
the People's Republic of China,
Washington, DC, December 30, 1998.
Hon. J. Dennis Hastert,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Mr. Hastert: The Select Committee on U.S. National
Security and Military/Commercial Concerns with the People's
Republic of China will submit its report on or before January
3, 1999, as provided in H. Res. 463. That report, however,
will be classified.
The Select Committee's report will be submitted to the
President for declassification. Since the process of
declassification review will require consultation with Select
Committee staff who are expert in the details and contents of
the report, we have discussed with you the advisability of
authorizing the Select Committee, on the opening day of the
106th Congress, to complete the process of declassification
so that the Select Committee's report may be made publicly
available.
Enclosed herewith for your review and approval is a
resolution for this purpose. It authorizes no new funds;
under its terms the Select Committee's public version of the
report would be completed on or before March 31, 1999.
Please let us know if this resolution, and its adoption on
January 6, 1999, meets with your approval.
Sincerely,
Chris Cox,
Chairman.
Norm Dicks,
Ranking Member.
____
House of Representatives, Select Committee on U.S.
National Security and Military/Commercial Concerns with
the People's Republic of China,
Washington, DC, January 3, 1999.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol, Washington DC.
Dear Mr. Speaker: The Select Committee on U.S. National
Security and Military/Commercial Concerns with the People's
Republic of China, established pursuant to H. Res. 463,
hereby submits its classified Report, which has been
unanimously approved by the Select Committee.
Since the Select Committee's Report contains highly
classified and sensitive information that must be retained in
a Sensitive Compartmented Information Facility (SCIF), the
Report is being held in the SCIF at 1036 Longworth House
Office Building.
Sincerely,
Chris Cox,
Chairman.
Porter Goss,
Vice Chairman.
Doug Bereuter.
James V. Hansen.
Curt Weldon.
Norm Dicks,
Ranking Democrat.
John M. Spratt, Jr.,
Lucille Roybal-Allard.
Bobby Scott.
____
House of Representatives,
Committee on National Security,
Washington, DC, December 17, 1998.
Hon. David Dreier,
Chairman-elect, Committee on Rules, Capitol, Washington, DC.
Dear Mr. Chairman: We are writing to respectfully request
your support for a change in the name of the House Committee
on National Security back to the original Committee on Armed
Services.
We believe that the committee's original name more properly
reflects the unique constitutional responsibility of the
Congress to provide for the nation's military forces. The
special relationship between our men and women in uniform and
their elected representatives has been integral to the
success of the all-volunteer force and central to the
tradition of bipartisanship that has characterized our
committee's work for decades. Given the serious quality of
life, readiness and modernization problems that our armed
forces confront today, we believe that the change to the
Committee on Armed Services is appropriate and justified.
Thank you for your consideration.
Floyd D. Spence,
Chairman.
Ike Skelton,
Ranking Minority Member.
Recodification Headings and Subheadings of the Rules of the House
rule I: The Speaker
Clause 1: Approval of the Journal.
Clause 2: Preservation of Order.
Clause 3: Control of Capitol Facilities.
Clause 4: Signature of Documents.
Clause 5: Questions of Order.
[[Page H40]]
Clause 6: Form of a Question.
Clause 7: Discretion to Vote.
Clause 8: Speaker Pro Tempore.
Clause 9: Term Limit.
Clause 10: Designation of Travel.
Clause 11: Committee Appointment.
Clause 12: Declaration of Recess.
Clause 13: Other Responsibilities.
rule Il: Other officers and officials
Clause 1: Elections.
Clause 2: Clerk.
Clause 3: Sergeant-at-Arms.
Clause 4: Chief Administrative Officer.
Clause 5: Chaplain.
Clause 6: Office of Inspector General.
Clause 7: Office of the Historian.
Clause 8: Office of General Counsel.
rule iii: the members, delegates and the resident commissioner of
puerto rico
Clause 1-2: Voting.
Clause 3: Delegates and the Resident Commissioner.
rule iv: the hall of the house
Clause 1-5: Use and Admittance.
Clause 6: Gallery.
Clause 7: Prohibition on Campaign Contributions.
rule v: broadcasting the house
rule vi: official reporters and news media galleries
Clause 1: Official Reporters.
Clause 2-3: News Media Galleries.
rule vii: records of the house
Clause 1-2: Archiving.
Clause 3-5: Public Availability.
Clause 6: Definition of Record.
Clause 7: Withdrawal of Papers.
rule viii: response to subpoenas
rule ix: Questions of Privilege
rule x: Organization of committees
Clause 1: Committees and their Legislative Jurisdictions.
Clause 2: General Oversight Responsibilities.
Clause 3: Special Oversight Functions.
Clause 4(a)-(e): Additional Functions of Committees.
Clause 4(f)-(h): Budget Act Responsibilities.
Clause 5: Election and Membership of Standing Committees.
Clause 6: Expense Resolutions.
Clause 7: Interim Funding.
Clause 8: Travel.
Clause 9: Committee Staffs.
Clause 10: Select and Joint Committees.
Clause 11: Permanent Select Committee on Intelligence.
rule xi: Procedures of committees and unfinished business
Clause 1: In General.
Clause 2(a): Adoption of Written Rules.
Clause 2(b): Regular Meeting Days.
Clause 2(c): Additional and Special Meetings.
Clause 2(d): Temporary Absence of Chairman.
Clause 2(e): Committee Records.
Clause 2(f): Prohibition Against Proxy Voting.
Clause 2(g): Open Meetings and Hearings.
Clause 2(h): Quorum Requirements.
Clause 2(i): Limitation on Committee Sittings.
Clause 2(j): Questioning Witnesses.
Clause 2(k): Investigative Hearing Procedures.
Clause 2(l): Supplemental, Minority, or Additional Views.
Clause 2(m): Power to Sit and Act; Subpoena Power.
Clause 3: Committee on Standards of Official Conduct.
Clause 4: Audio and Visual Coverage of Committee
Proceedings.
Clause 5: Pay of Witnesses.
Clause 6: Unfinished Business of the Session.
rule xii: receipt and referral of measures and matters
Clause 1: Messages.
Clause 2: Referral.
Clause 3-4: Petitions, Memorials, and Private Bills.
Clause 5: Prohibition on Commemorations.
Clause 6: Excluded Matters.
Clause 7: Sponsorship.
Clause 8: Executive Communications.
rule xiii: calendars and Committee reports
Clause 1: Calendars.
Clause 2: Filing and Printing of Reports.
Clause 3: Content of Reports.
Clause 4: Availability of Reports.
Clause 5: Privileged Reports, Generally.
Clause 6: Privileged Reports by the Committee on Rules.
Clause 7: Resolutions of Inquiry.
rule xiv: order and priority of business
rule xv: business in order on special days
Clause 1: Suspensions, Mondays and Tuesdays.
Clause 2: Discharge Motions, second and fourth Mondays.
Clause 3: Adverse Report by the Committee on Rules, second
and fourth Mondays.
Clause 4: District of Columbia Business, second and fourth
Mondays.
Clause 5: Private Calendar, first and third Tuesdays.
Clause 6: Corrections Calendar, second and fourth Tuesdays.
Clause 7: Calendar Call of Committees, Wednesdays.
rule xvi: Motions and amendments
Clause 1: Motions.
Clause 2: Withdrawal.
Clause 3: Question of Consideration.
Clause 4: Precedence of Motions.
Clause 5: Divisibility.
Clause 6: Amendments.
Clause 7: Germaneness.
Clause 8: Readings.
rule xvii: decorum and debate
Clause 1: Decorum.
Clause 2: Recognition.
Clause 3: Managing Debate.
Clause 4: Call to Order.
Clause 5: Comportment.
Clause 6: Exhibits.
Clause 7: Galleries.
Clause 8: Congressional Record.
Clause 9: Secret Sessions.
rule xviii: the committee of the whole house on the state of the union
Clause 1-2: Resolving into the Committee of the Whole.
Clause 3: Measures Requiring Initial Consideration in the
Committee of the Whole.
Clause 4: Order of Business.
Clause 5: Reading for Amendment.
Clause 6: Quorum and Voting.
Clause 7: Dispensing With the Reading of an Amendment.
Clause 8: Closing Debate.
Clause 9: Striking the Enacting Clause.
Clause 10: Concurrent Resolution on the Budget.
Clause 11: Unfunded Mandates.
Clause 12: Applicability of Rules of the House.
rule xix: motions following the amendment stage
Clause 1: Previous Question.
Clause 2: Recommit.
Clause 3-4: Reconsideration.
rule xx: voting and quorum calls
Clause 8: Pairs.
Clause 9: Postponement of Proceedings.
Clause 10: Five-minute Votes.
Clause 11: Automatic Yeas and Nays.
Clause 12: Ballot Votes.
rule xxi: restrictions on certain bills
Clause 1: Reservation of Certain Points of Order.
Clause 2: General Appropriations Bills and Amendments.
Clause 3: Roads.
Clause 4: Appropriations on Legislative Bills.
Clause 5(a): Tax and Tariff Measures and Amendments.
Clause 5(b): Passage of Tax Rate Increases.
Clause 5(c): Consideration of Retroactive Tax Rate
Increases.
Clause 6: Transportation Obligation Limitations.
rule xxii: house and senate relations
Clause 1-6: Senate Amendments.
Clause 7-12: Conference Reports; Amendments Reported in
Disagreement.
rule xxiii: statutory limit on the public debt.
rule xxiv: code of official conduct
rule xxv: limitations on the use of official funds
Clause 1-3: Limitations on Use of Official and Unofficial
Accounts.
Clause 4-9: Limitations on Use of the Frank.
Clause 10: Prohibition on Use of Funds by Members Not
Elected to Succeeding Congress.
rule xxvi: limitations on outside earned income and acceptance of gifts
Clause 1-2: Outside Earned Income; Honoraria.
Clause 3: Copyright Royalties.
Clause 4: Definitions.
Clause 5: Gifts.
Clause 6: Claims Against the Government.
rule xxvii: financial disclosure
rule xxviii: general provisions.
____
MAJOR RULE CITATION CHANGES PURSUANT TO THE RECODIFICATION OF THE RULES OF THE HOUSE
[This only reflects changes in rule citations. Any current citations that remained the same are not included in
this list.]
----------------------------------------------------------------------------------------------------------------
Old Citation New Citation
----------------------------------------------------------------------------------------------------------------
Speaker's Discretion to Vote Rule I, clause 5........................ Rule XX, clause 1
Lame Duck Travel Authority.. Rule I, clause 8........................ Rule XXV, clause 10
Broadcasting of House Rule I, clause 9........................ Rule V
Proceedings.
Office of the Historian..... Rule I, clause 10....................... Rule II, clause 7
Office of the General Rule I, clause 11....................... Rule II, clause 8
Counsel.
Clerk....................... Rule III................................ Rule II, clause 2
Sergeant-at-Arms............ Rule IV................................. Rule II, clause 3
Chief Administrative Officer Rule V.................................. Rule II, clause 4
[[Page H41]]
Office of the Inspector Rule VI................................. Rule II, clause 6
General.
Chaplain.................... Rule VII................................ Rule II, clause 5
Duties of Members........... Rule VIII............................... Rule III, clauses 1-2
Pairs....................... Rule VIII, clause 2..................... Rule XX, clause 8
General/Specific Roads...... Rule X, clause 1(q)..................... Rule XXI, clause 3
Standards Committee......... Rule X, clause 4(e)..................... Rule XI, clause 3
Referrals................... Rule X, clause 5........................ Rule XII, clause 2
Committee Membership........ Rule X, clause 6........................ Rule X, clause 5(a)(1)
Select and Joint Committees. Rule X, clause 6(g)..................... Rule X, clause 10
Conference Committees....... Rule X, clause 6(f)..................... Rule X, clause 10
Committee Reporting Rule XI, clause 2(l).................... Rule XIII, clauses 2-4
Procedures.
Committee Broadcast Rule.... Rule XI, clause 3....................... Rule XI, clause 4
Privileged Reports.......... Rule XI, clause 4....................... Rule XIII, clause 5
Rules Committee Reports..... Rule XI, clause 4....................... Rule XIII, clause 6
Adverse Rules Committee Rule XI, clause 4(c).................... Rule XV, clause 3
Reports.
Expense Resolutions......... Rule XI, clause 5....................... Rule X, clause 6
Committee Staffs............ Rule XI, clause 6....................... Rule X, clause 9
Resident Commissioner/ Rule XII................................ Rule III, clause 3
Delegates.
Corrections Calendar........ Rule XIII, clause 4..................... Rule XV, clause 6
Dynamic Estimates........... Rule XIII, clause 7(e).................. Rule XIII, clause 3(h)(2)
Decorum and Debate.......... Rule XIV................................ Rule XVII
Voting and Quorum Calls..... Rule XV................................. Rule XX
Previous Question........... Rule XVII............................... Rule XIX, clause 1
Motion to Recommit.......... Rule XVIII, clause 1; Rule XVI, clause 4 Rule XIX, clause 2
Reconsideration............. Rule XVIII.............................. Rule XIX, clause 3
Amendments.................. Rule XIX................................ Rule XVI, clause 6
Senate Amendments........... Rule XX, clause 1....................... Rule XXII, clause 1
Reading of Bills............ Rule XXI, clause 1...................... Rule XVI, clause 8
General Appropriations Bills Rule XXI, clause 2(a)................... Rule XXI, clause 2
Appropriations in Rule XXI, clause 5(a)................... Rule XXI, clause 4
Legislation.
Reappropriations............ Rule XXI, clause 6...................... Rule XXI, clause 2(a)(2)
Printing of Appropriations Rule XXI, clause 7...................... Rule XIII, clause 4
Hearings.
Reservations of Points of Rule XXI, clause 8...................... Rule XXI, clause 1
Order.
Transport. Obligation Rule XXI, clause 9...................... Rule XXI, clause 6
Limitations.
Resolutions of Inquiry...... Rule XXII, clause 5..................... Rule XIII, clause 7
Committees of the Whole Rule XXIII.............................. Rule XVIII
House.
Order of Business........... Rule XXIV............................... Rule XIV
Private Calendar............ Rule XXIV, clause 6..................... Rule XV, clause 5
Calendar Wednesday.......... Rule XXIV, clause 7..................... Rule XV, clause 7
D.C. Legislative Business... Rule XXIV, clause 8..................... Rule XV, clause 4
Priority of Business........ Rule XXV................................ Rule XIV
Unfinished Business......... Rule XXVI............................... Rule XI, clause 6
Suspension of the Rules..... Rule XXVII.............................. Rule XV, clause 1
Discharge Motions........... Rule XXVII, clause 3.................... Rule XV, clause 2
Conference Reports.......... Rule XXVIII............................. Rule XXII, clauses 7-12
Secret Sessions............. Rule XXIX............................... Rule XVII, clause 9
Exhibits.................... Rule XXX................................ Rule XVII, clause 6
Hall of the House........... Rule XXXI............................... Rule IV, clause 1
Admission to the Floor...... Rule XXXII.............................. Rule IV, clauses 2-5
Admission to the Galleries.. Rule XXXIII............................. Rule IV, clause 6
Official Reporters and the Rule XXXIV.............................. Rule VI
Media.
Pay of Witnesses............ Rule XXXV............................... Rule XI, clause 5
Records of the House........ Rule XXXVI.............................. Rule VII
Withdrawal of Papers........ Rule XXXVII............................. Rule VII, clause 7
Ballot Votes................ Rule XXXVIII............................ Rule XX, clause 12
Messages.................... Rule XXXIX.............................. Rule XII, clause 1
Code of Official Conduct.... Rule XLIII.............................. Rule XXIV
Financial Disclosure........ Rule XLIV............................... Rule XXVII
Unofficial Office Accounts.. Rule XLV................................ Rule XXV, clauses 1-3
Limitation on Use of the Rule XLVI............................... Rule XXV, clauses 4-9
Frank.
Outside Earned Income....... Rule XLVII.............................. Rule XXVI, clauses 1-2
Intelligence Committee...... Rule XLVIII............................. Rule X, clause 9
Debt Limit.................. Rule XLIX............................... Rule XXIII
Response to Subpoenas....... Rule L.................................. Rule VIII
Gift Rule................... Rule LI................................. Rule XXVI, clause 5
----------------------------------------------------------------------------------------------------------------
____
Committee on Rules,
House of Representatives,
Washington, DC, January 5, 1999.
Hon. Dennis Hastert,
Speaker-nominee, the Capitol,
Washington, DC.
Hon. Richard Gephardt,
Minority Leader, the Capitol,
Washington, DC.
Dear Mr. Speaker-nominee and Mr. Leader: At the beginning
of the 105th Congress, the Committee on Rules established a
bipartisan, ad hoc task force to develop a more rational and
orderly set of House rules without making substantive changes
in the rules, procedures or precedents of the House as they
stand today. The Task Force consisted of Representatives
Dreier, Frost, Pryce, and Slaughter.
In this letter, we formerly present to you the
recommendations of the Task Force.
We have worked closely with the Office of the
Parliamentarian to develop this proposal. It is our hope that
the recommendations will be incorporated as a part of the
opening day rules package. Our proposal reorganizes the rules
to provide a more logical, user-friendly structure and, in
the process, pares down the number of rules from 51 to 28.
Obsolete and archaic provisions have been excised. The
proposal, however, retains the location of certain major
rules to retain consistency with precedent and practice
volumes already published (e.g., germaneness remains as
clause 7 of rule XVI and legislation in an appropriation bill
remains clause 2 of rule XXI).
A large part of the effort consisted of maintaining
uniformity of word usage and style. The same ideas have been
expressed over the years in many very different ways. For
example, a privileged question is sometimes called
``privileged'' or ``highly privileged'' or ``of highest
privilege'' or ``is in order at any time'' or ``shall always
be in order.'' But by consistent and long-standing
precedents, these different expressions have been treated as
strictly identical. The requirement for collegial action by a
committee has been written in a variety of ways, for example
``not without the consent of the committee'' or ``only when
authorized by the committee, a majority being present.'' This
has led to confusion. In these and similar circumstances, the
Task Force sought, whenever possible, a single convention to
be used consistently. For example, the convention used to
express a mandatory negative is ``may not.'' Gender
references, where avoidable, have been deleted; otherwise,
they are treated as in the U.S. Code, so that the terms
``he'' or ``his'' are defined in proposed rule XXVIII, to be
a reference to ``she'' or ``her'' as applicable.
While we continue to have substantive disagreements about
the existing rules and appropriate changes to them, the Task
Force fully agrees that the proposal presents the rules in a
more coherent format and makes their meaning more transparent
but is in no way intended to alter the interpretation or
content of any rule.
Sincerely,
David Dreier.
John Joseph Moakley.
Enclosure.
RULE HEADINGS
------------------------------------------------------------------------
Existing rule Proposed new rule
------------------------------------------------------------------------
I. Duties of the Speaker.................. The Speaker
II. Election of Officers.................. Other Officers and Officials
III. Duties of the Clerk.................. The Members, Delegates and
Resident Commissioner of
Puerto Rico
IV. Duties of the Sergeant-at-Arms........ The Hall of the House
V. Chief Administrative Officer........... Broadcasting the House
VI. Office of Inspector General........... Official reporters and News
Media galleries
VII. Duties of the Chaplain............... Records of the House
VIII. Duties of the Members............... Response to subpoenas
IX. Questions of privilege................ Questions of privilege
X. Establishment and jurisdiction of Organization of Committees
standing committees.
XI. Rules of procedures for committees.... Procedures of committees and
Unfinished Business
XII. Resident Commissioner and Delegates.. Receipt and Referral of
Measures and Matters
XIII. Calendars and reports of committees. Calendars and Committee
Reports
XIV. Of decorum and debate................ Order and Priority of
Business
XV. On calls of the roll and House........ Business in order on special
days
[[Page H42]]
XVI. On motions, their precedence, etc.... Motions and Amendments
XVII. Previous question................... Decorum and Debate
XVIII. Reconsideration.................... The Committee of the Whole
House on the State of the
Union
XIX. Of amendments........................ Motions following the
amendment stage
XX. Of amendments of the Senate........... Voting and Quorum Calls
XII. On bills............................. Restrictions on certain
bills
XXII. Of petitions, memorials, bills and House and Senate Relations
resolutions.
XXIII. Of Committees of the Whole House... Statutory limit on the
public debt
XXIV. Order of business................... Code of Official Conduct
XXV. Priority of business................. Limitations on the use of
official funds
XXVI. Unfinished business of the session.. Limitations on outside
earned income and
Acceptance of Gifts
XXVII. Change of suspension of rules...... Financial disclosure
XXVIII. Conference reports................ General provisions
XXIV. Secret session...................... ............................
XXX. Use of exhibits...................... ............................
XXXI. Hall of the House................... ............................
XXXII. Of admission to the floor.......... ............................
XXXIII. Of admission to the galleries..... ............................
XXXIV. Official and other reporters....... ............................
XXXV. Pay of witnesses.................... ............................
XXXVI. Preservation and availability of ............................
noncurrent records of the House.
XXXVII. Withdrawal of papers.............. ............................
XXXVIII. Ballot........................... ............................
XXXIX. Messages........................... ............................
XL. Executive communications.............. ............................
XLI. Qualifications of officers and ............................
employees.
XLII. General provisions.................. ............................
XLIII. Code of Official Conduct........... ............................
XLIV. Financial disclosure................ ............................
XLV. Prohibition of unofficial office ............................
accounts.
XLVI. Limitations on use of the frank..... ............................
XLVII. Limitations on outside employment ............................
and earned income.
XLVIII. Permanent Select Committee on ............................
Intelligence.
XLIX. Establishment of statutory limit on ............................
public debt.
L. Procedure for response to subpoenas.... ............................
LI. Gift rule............................. ............................
------------------------------------------------------------------------
[[Page H43]]
PROPOSED NEW RULES EXISTING RULES COMMENTARY
[RECODIFICATION COMMITTEE PRINT]
[JANUARY __, 1999]
106th CONGRESS
1st Session
Recodifying the standing Rules of the House of Representatives.
The Parliamentarians have met with bi-partisan staff from the Task Force
Resolved, That the standing Rules of the House of Representatives are on recodification of the rules and have agreed upon a revised structural
recodified to read as follows: format of the rules which reduces their number from 52 to 28 in a logical
sequence. This format arranges the rules by addressing the organization and
operation of the House as follows: duties of Officers and Members (rules I-
III), administration of the House (rules IV-VI), institutional prerogatives
(rules VII-IX), committees (rules X-XI), consideration of legislation
(rules XII-XXIII), conduct of Members, Officers and Employees (rules XXIV-
XXVII), and miscellaneous provisions (rule XXVIII). This draft was
initially based on the 1985 draft of recodification and incorporates
changes in the rules from that year through 1998. The current draft
minimizes the change of some major rules citations in order to retain
consistency with precedent and practice volumes already published (e.g.,
germaneness remains as clause 7 of rule XVI, and general appropriation bill
matters remain clause 2 of rule XXI). It is acknowledged, however, that the
overriding reorganization consensus will necessitate cross references to
citations in subsequent precedent and practice volumes where rule numbers
have been changed. The current draft also reflects a specific review of the
language within each rule to incorporate accepted understandings without
substantive change. For instance, this draft includes ``Delegates'' and
``the Resident Commissioner'' along with ``Members'' in those situations
where the rules do not distinguish between an individual's status. Their
omission in the rules (such as voting, Committee of the Whole, and
selection of presiding officers) is indicative of authorities limited to
Members. Gender references are treated as in the U.S. Code, whereby a
reference to ``he'' or ``his'' is defined in rule XXVIII to constitute a
reference to ``she'' or ``her'' where applicable. Provisos are replaced by
sentence restructing to assure clarity of meaning. The concept of a
``privileged question'' or ``privileged motion'' is consistently utilized
to replace current references to matters ``of highest privilege'' or ``in
order at any time'' or ``it shall always be in order.'' References to
certain voting procedures are changed from ``rollcall'' to ``record'' votes
and supermajority voting requirements are consistently referred to as ``two-
thirds'' or ``three-fifths'' of the Members voting, a quorum being present.
[[Page H44]]
The clerical and stylistic changes reflected in the proposed recodification
seek to achieve clarity, readability, and uniformity of word usage and
style with the goals of removing possible ambiguities and promoting
predictability of interpretation. No substantive change to the rules is
intended. The conventions used in the proposed recodification resolve most
of the lapses in stylistic uniformity in the current text of the rules.
However, certain well-known, time-honored rules (or phrases), although
stilted in style, are retained for their historic value. For example, even
though one convention used in recodification achieves a mandatory negative
within ``may not,'' the time-honored phraseology of the germaneness rule in
clause 7 of rule XVI is nevertheless retained.
RULES OF THE HOUSE OF REPRESENTATIVES RULES OF THE HOUSE OF REPRESENTATIVES
RULE I. RULE I
THE SPEAKER DUTIES OF THE SPEAKER
Approval of the Journal
1. The Speaker shall take the Chair on every legislative day precisely at 1. The Speaker shall take the Chair on every legislative day precisely at Rules I-II--Duties of Officers and Members
the hour to which the House last adjourned and immediately call the House the hour to which the House shall have adjourned at the last sitting and
to order. Having examined and approved the Journal of the last day's immediately call the Members to order. The Speaker, having examined the
proceedings, the Speaker shall announce to the House his approval thereof. Journal of the proceedings of the last day's sitting and approved the same,
The Speaker's approval of the Journal shall be deemed agreed to unless a shall announce to the House his approval of the Journal, and the Speaker's
Member, Delegate, or Resident Commissioner demands a vote thereon. If such approval of the Journal shall be deemed to be agreed to subject to a vote
a vote is decided in the affirmative, it shall not be subject to a motion on agreeing to the Speaker's approval on the demand of any Member, which
to reconsider. If such a vote is decided in the negative, then one motion vote, if decided in the affirmative, shall not be subject to a motion to
that the Journal be read shall be privileged, shall be decided without reconsider. It shall be in order to offer one motion that the Journal be
debate, and shall not be subject to a motion to reconsider. read only if the Speaker's approval of the Journal is not agreed to, and
such motion shall be determined without debate and shall not be subject to
a motion to reconsider.
Preservation of order
2. The Speaker shall preserve order and decorum and, in case of 2. He shall preserve order and decorum, and in case of disturbance or
disturbance or disorderly conduct in the galleries or in the lobby, may disorderly conduct in the galleries, or in the lobby, may cause the same to
cause the same to be cleared. be cleared.
Control of Capitol facilities
3. Except as otherwise provided by rule or law, the Speaker shall have 3. He shall have general control, except as provided by rule or law, of The phrase ``until further order'' in existing clause 3 is deleted as
general control of the Hall of the House, the corridors and passages in the the Hall of the House, and of the corridors and passages and the disposal superfluous given existing language of ``Except as otherwise provided by
part of the Capitol assigned to the use of the House, and the disposal of of the unappropriated rooms in that part of the Capitol assigned to the use rule or law.''
unappropriated rooms in that part of the Capitol. of the House, until further order.
[[Page H45]]
4. The Speaker shall sign all acts and joint resolutions passed by the two 4. He shall sign all acts, addresses, joint resolutions, writs, warrants, Proposed clause 4, rule I-Existing clause 4 divided into clauses 4 and 5,
Houses and all writs, warrants, and subpoenas of, or issued by order of, and subpoenas of, or issued by order of, the House and decide all questions to separate Speaker's signing authority from authority to decide questions
the House. The Speaker may sign enrolled bills and joint resolutions of order, subject to an appeal by any Member, on which appeal no Member of order, subject to appeal. The term ``addresses'' is deleted as obsolete.
whether or not the House is in session. shall speak more than once, unless by permission of the House. The Speaker
is authorized to sign enrolled bills whether or not the House is in
session.
Questions of order
5. The Speaker shall decide all questions of order, subject to appeal by a
Member, Delegate, or Resident Commissioner. On such an appeal a Member,
Delegate, or Resident Commissioner may not speak more than once without
permission of the House.
Form of a question
6. The Speaker shall rise to put a question but may state it sitting. The 5. (a) He shall rise to put a question, but may state it sitting; and Proposed clause 6, rule I-Existing provisions in clause 5, rule I on
Speaker shall put a question in this form: ``Those in favor (of the shall put questions in this form, to wit: ``As many as are in favor (as the division votes and recorded votes are transferred to new rule XX on voting.
question), say `Aye.' ''; and after the affirmative voice is expressed, question may be), say `Aye'.''; and after the affirmative voice is Also, existing provisions in that clause on postponing votes are
``Those opposed, say, `No.' ''. After a vote by voice under this clause, expressed, ``As many as are opposed, say `No'.''; . . . [Remainder transferred to the new voting rule. Both provisions make more sense under
the Speaker may use such voting procedures as may be invoked under rule XX. transferred to Rule XX]. voting procedures than under Speaker's authority.
Discretion to vote
7. The Speaker is not required to vote in ordinary legislative 6. He shall not be required to vote in ordinary legislative proceedings, Proposed clause 7, rule I-Existing provisions in clause 6, rule I, stating
proceedings, except when his vote would be decisive or when the House is except where his vote would be decisive, or where the House is engaged in that the question loses on a tie vote are transferred to new clause 1, rule
engaged in voting by ballot. voting by ballot; . . . [Remainder transferred to Rule XX]. XX as a voting question.
Speaker pro tempore
8. (a) The Speaker may appoint a Member to perform the duties of the 7. (a) He shall have the right to name any Member to perform the duties of Only Members, and not Delegates or the Resident Commissioner, may preside
Chair. Except as specified in paragraph (b), such an appointment may not the Chair, but such substitution shall not extend beyond three legislative over the House or the Committee of the Whole.
extend beyond three legislative days. days, except that with the permission of the House he may name a Member to
(b)(1) In the case of his illness, the Speaker may appoint a Member to act as Speaker pro tempore only to sign enrolled bills and joint
perform the duties of the Chair for a period not exceeding 10 days, subject resolutions for a period of time specified in the designation,
to the approval of the House. If the Speaker is absent and has omitted to notwithstanding any other provision of this clause: Provided, however, That
make such an appointment, then the House shall elect a Speaker pro tempore in case of his illness, he may make such appointment for a period not
to act during the absence of the Speaker. exceeding ten days, with the approval of the House at the time the same is
(2) With the approval of the House, the Speaker may appoint a Member to made; and in his absence and omission to make such appointment, the House
act as Speaker pro tempore only to sign enrolled bills and joint shall proceed to elect a Speaker pro tempore to act during his absence.
resolutions for a specified period of time.
Term Limit
9. A person may not serve as Speaker for more than four consecutive (b) No person may serve as Speaker for more than four consecutive The phrase ``beginning with the One Hundred Fourth Congress'' is deleted
Congresses (disregarding for this purpose any service for less than a full Congresses, beginning with the One Hundred Fourth Congress (disregarding as no longer necessary.
session in any Congress). for this purpose any service for less than a full session in any Congress).
[[Page H46]]
Designation of travel
10. The Speaker may designate a Member, Delegate, Resident Commissioner, 8. He shall have the authority to designate any Member, officer or Proposed clause 10, rule I--The existing clause 8, rule I, prohibition on
officer, or employee of the House to travel on the business of the House employee of the House of Representatives to travel on the business of the use of applicable accounts for travel of ``lame duck'' Members has been
within or without the United States, whether the House is meeting, has House of Representatives, as determined by him, within or without the transferred to a new rule XXV.
recessed, or has adjourned. Expenses for such travel may be paid from United States, whether the House is meeting, has recessed or has adjourned,
applicable accounts of the House described in clause 1(h)(1) of rule X on and all expenses for such travel may be paid for from the applicable
vouchers approved and signed solely by the Speaker. accounts of the House described in clause 1(h)(1) of rule X on vouchers
solely approved and signed by the Speaker.
Committee appointment
11. The Speaker shall appoint all select, joint, and conference committees Derived from clause 6(f), rule X: The Speaker shall appoint all select and Clause 11, rule I, has been transferred from existing clause 6(f), rule X
ordered by the House. At any time after an original appointment, the conference committees which shall be ordered by the House from time to as it is more logical under rule I (Speaker's authority) than under rule X
Speaker may remove Members, Delegates, or the Resident Commissioner from, time. At any time after an original appointment, the Speaker may remove (jurisdiction of committees). It is desirable for this clause to include
or appoint additional Members, Delegates, or the Resident Commissioner to, Members or appoint additional Members to select and conference committees. joint committees as part of the Speaker's appointment authority since the
a select or conference committee. In appointing Members, Delegates, or the In appointing members to conference committees the Speaker shall appoint no Speaker does appoint members to some joint committees under existing law,
Resident Commissioner to conference committees, the Speaker shall appoint less than a majority of members who generally supported the House position such as the Joint Economic Committee. Other joint committees could be
no less than a majority who generally supported the House position as as determined by the Speaker. The Speaker shall name Members who are similarly structured in the future.
determined by the Speaker, shall name those who are primarily responsible primarily responsible for the legislation and shall, to the fullest extent
for the legislation, and shall, to the fullest extent feasible, include the feasible, include the principal proponents of the major provisions of the
principal proponents of the major provisions of the bill or resolution bill as it passed the House.
passed or adopted by the House.
Declaration of recess
12. To suspend the business of the House for a short time when no question Derived from clause 12, rule I: 12. To suspend the business of the House
is pending before the House, the Speaker may declare a recess subject to for a short time when no question is pending before the House, the Speaker
the call of the Chair. may declare a recess subject to the call of the Chair.
Other responsibilities
13. The Speaker, in consultation with the Minority Leader, shall develop 13. The Speaker, in consultation with the Minority Leader, shall develop
through an appropriate entity of the House a system for drug testing in the through an appropriate entity of the House a system for drug testing in the
House. The system may provide for the testing of a Member, Delegate, House of Representatives. The system may provide for the testing of any
Resident Commissioner, officer, or employee of the House, and otherwise Member, officer, or employee of the House, and otherwise shall be
shall be comparable in scope to the system for drug testing in the comparable in scope to the system for drug testing in the executive branch
executive branch pursuant to Executive Order 12564 (Sept. 15, 1986). The pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses of the
expenses of the system may be paid from applicable accounts of the House system may be paid from applicable accounts of the House for official
for official expenses. expenses.
RULE II. RULE II
OTHER OFFICERS AND OFFICIALS. ELECTION OF OFFICERS
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Elections
1. There shall be elected at the commencement of each Congress, to There shall be elected by a viva voce vote, at the commencement of each In proposed rule II, the election and duties of other offices of the House
continue in office until their successors are chosen and qualified, a Congress, to continue in office until their successors are chosen and are combined as one new organizational rule, rather than separately
Clerk, a Sergeant-at-Arms, a Chief Administrative Officer, and a Chaplain. qualified, a Clerk, Sergeant-at-Arms, Chief Administrative Officer, and addressed as in current rules III through VII, with the duties of each
Each of these officers shall take an oath to support the Constitution of Chaplain, each of whom shall take an oath to support the Constitution of officer addressed in separate clauses and the establishment of the offices
the United States, and for the true and faithful exercise of the duties of the United States, and for the true and faithful discharge of the duties of of Inspector General, Historian, and General Counsel moved from rules VI
his office to the best of his knowledge and ability, and to keep the his office to the best of his knowledge and ability, and to keep the and I respectively, although they are not elected officers.
secrets of the House. Each of these officers shall appoint all of the secrets of the House; and each shall appoint all of the employees of his
employees of his department provided for by law. The Clerk, Sergeant-at- department provided for by law. The Clerk, Sergeant-at-Arms, and Chief
Arms, and Chief Administrative Officer may be removed by the House or by Administrative Officer may be removed by the House or by the Speaker.
the Speaker.
RULE III
Clerk DUTIES OF THE CLERK
2. (a) At the commencement of the first session of each Congress, the 1. The Clerk shall, at the commencement of the first session of each On the opening day of each Congress since 1981 the House has permitted by
Clerk shall call the Members, Delegates, and Resident Commissioner to order Congress, call the Members to order, proceed to call the roll of Members by unanimous consent the alphabetical roll call of Members by States to be
and proceed to record their presence by States in alphabetical order, States in alphabetical order, and, pending the election of a Speaker or conducted by electronic device to establish a quorum. Proposed clause 2(a)
either by call of the roll or by use of the electronic voting system. Speaker pro tempore, preserve order and decorum, and decide all questions codifies this practice by permitting the Clerk to use the electronic system
Pending the election of a Speaker or Speaker pro tempore, the Clerk shall of order subject to appeal by any Member. in this situation.
preserve order and decorum and decide all questions of order, subject to
appeal by a Member, Delegate, or Resident Commissioner.
(b) At the commencement of every regular session of Congress, the Clerk 2. He shall make and cause to be printed and delivered to each Member, or
shall make and cause to be printed and delivered to each Member, Delegate, mailed to his address, at the commencement of every regular session of
and the Resident Commissioner a list of the reports that any officer or Congress, a list of the reports which it is the duty of any officer or
Department is required to make to Congress, citing the law or resolution in Department to make to Congress, referring to the act or resolution and page
which the requirement may be contained and placing under the name of each of the volume of the laws or Journal in which it may be contained, and
officer the list of reports he is required to make. placing under the name of each officer the list of reports required of him
to be made.
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(c) The Clerk shall-- 3. He shall note all questions of order, with the decisions thereon, the Consolidation of Clerk's authority as noted below:
(1) note all questions of order, with the decisions thereon, the record record of which shall be printed as an appendix to the Journal of each In proposed clause 2, rule II, all legislative duties of the Clerk are
of which shall be appended to the Journal of each session; session; and complete, as soon after the close of the session as possible, consolidated in the first portion of this clause, and his remaining
(2) enter on the Journal the hour at which the House adjourns; the printing and distribution to Members, Delegates, and the Resident administrative duties are consolidated in the last portion of this clause.
(3) complete the printing and distribution of the Journal to Members, Commissioner from Puerto Rico of the Journal of the House, together with an Existing clause 6, rule XIII requiring daily printing of calendars has
Delegates, and the Resident Commissioner, together with an accurate and accurate and complete index; retain in the library at his office, for the been transferred to new clause 2(e), rule II to consolidate Clerk's
complete index, as soon as possible after the close of a session; and use of the Members, Delegates, the Resident Commissioner from Puerto Rico authority under one rule. The requirement of existing clause 5, rule XVI
(4) send a printed copy of the Journal to the executive of and to each and officers of the House, and not to be withdrawn therefrom, two copies of that the Journal note the hour of adjournment is also transferred to the
branch of the legislature of every State as may be requested by such all the books and printed documents deposited there; send, at the end of new clause 2(c)(2).
State officials. each session, a printed copy of the Journal thereof to the executive and to
(d) The Clerk shall attest and affix the seal of the House to all writs, each branch of the legislature of every State as may be requested by such
warrants, and subpoenas issued by order of the House and certify the State officials; deliver or mail to any Member, Delegate, or the Resident
passage of all bills and joint resolutions. Commissioner from Puerto Rico an extra copy, in binding of good quality, of
(e) The Clerk shall cause the calendars of the House to be printed and each document requested by that Member, Delegate, or the Resident
distributed each legislative day. Commissioner which has been printed, by order of either House of the
(f) The Clerk shall-- Congress, in any Congress in which he served; attest and affix the seal of
(1) retain in the library at the Office of the Clerk for the use of the the House to all writs, warrants, and subpoenas issued by order of the
Members, Delegates, Resident Commissioner, and officers of the House, and House; and certify to the passage of all bills and joint resolutions.
not to be withdrawn therefrom, two copies of all the books and printed
documents deposited there; and
(2) deliver or mail to any Member, Delegate, or the Resident
Commissioner an extra copy, in binding of good quality, of each document
requested by that Member, Delegate, or Resident Commissioner that has
been printed by order of either House of Congress in any Congress in
which the Member, Delegate, or Resident Commissioner served.
(g) The Clerk shall provide for his temporary absence or disability by 4. He shall, in case of temporary absence or disability, designate an
designating an official in the Office of the Clerk to sign all papers that official in his office to sign all papers that may require the official
may require the official signature of the Clerk and to do all other signature of the Clerk of the House, and to do all other acts except such
official acts that the Clerk may be required to do under the rules and as are provided for by statute, that may be required under the rules and
practices of the House, except such official acts as are provided for by practices of the House to be done by the Clerk. Such official acts, when so
statute. Official acts done by the designated official shall be under the done by the designated official, shall be under the name of the Clerk of
name of the Clerk. The designation shall be in writing and shall be laid the House. The said designation shall be in writing, and shall be laid
before the House and entered on the Journal. before the House and entered on the Journal.
(h) The Clerk may receive messages from the President and from the Senate 5. The Clerk is authorized to receive messages from the President and from
at any time when the House is not in session. the Senate at any time that the House is not in session.
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(i)(1) The Clerk shall supervise the staff and manage the office of a 6. He shall supervise the staff and manage any office of a Member who is
Member, Delegate, or Resident Commissioner who has died, resigned, or been deceased, has resigned, or been expelled until a successor is elected and
expelled until a successor is elected. The Clerk shall perform similar shall perform similar duties in the event that a vacancy is declared by the
duties in the event that a vacancy is declared by the House in any House in any congressional district because of the incapacity of the Member
congressional district because of the incapacity of the person representing representing such district or other reason. Whenever the Clerk is acting as
such district or other reason. Whenever the Clerk is acting as a a supervisory authority over such staff, he shall have authority to
supervisory authority over such staff, he shall have authority to terminate terminate employees; and he may appoint, with the approval of the Committee
employees and, with the approval of the Committee on House Oversight, may on House Oversight, such staff as is required to operate the office until a
appoint such staff as is required to operate the office until a successor successor is elected. He shall maintain on the House payroll and supervise
is elected. in the same manner staff appointed pursuant to section 800 of Public Law 91-
(2) For 60 days following the death of a former Speaker, the Clerk shall 665 (2 U.S.C. 31b-5) for sixty days following the death of a former
maintain on the House payroll, and shall supervise in the same manner, Speaker.
staff appointed under House Resolution 1238, Ninety-first Congress (as
enacted into permanent law by chapter VIII of the Supplemental
Appropriations Act, 1971) (2 U.S.C. 31b-5).
(j) In addition to any other reports required by the Speaker or the 7. In addition to any other reports required by the Speaker or the
Committee on House Oversight, the Clerk shall report to the Committee on Committee on House Oversight, the Clerk shall report to the Committee on
House Oversight not later than 45 days following the close of each House Oversight not later than 45 days following the close of each
semiannual period ending on June 30 or on December 31 on the financial and semiannual period ending on June 30 or on December 31 on the financial and
operational status of each function under the jurisdiction of the Clerk. operational status of each function under the jurisdiction of the Clerk.
Each report shall include financial statements and a description or Each report shall include financial statements, a description or
explanation of current operations, the implementation of new policies and explanation of current operations, the implementation of new policies and
procedures, and future plans for each function. procedures, and future plans for each function.
(k) The Clerk shall fully cooperate with the appropriate offices and 8. The Clerk shall fully cooperate with the appropriate offices and
persons in the performance of reviews and audits of financial records and persons in the performance of reviews and audits of financial records and
administrative operations. administrative operations.
RULE IV
Sergeant-at-Arms DUTIES OF THE SERGEANT-AT-ARMS
3. (a) The Sergeant-at-Arms shall attend the House during its sittings and 1. It shall be the duty of the Sergeant-at-Arms to attend the House during In proposed clause 3, rule II only grammatical changes are made: ``or
maintain order under the direction of the Speaker or other presiding its sittings, to maintain order under the direction of the Speaker or other presiding officer'' replaces ``chairman'' and ``clerk'' in existing
officer. The Sergeant-at-Arms shall execute the commands of the House, and Chairman, and, pending the election of a Speaker or Speaker pro tempore, rule.
all processes issued by authority thereof, directed to him by the Speaker. under the direction of the Clerk, execute the commands of the House, and
all processes issued by authority thereof, directed to him by the Speaker.
(b) The symbol of the office of the Sergeant-at-Arms shall be the mace, 2. The symbol of his office shall be the mace, which shall be borne by him
which shall be borne by him while enforcing order on the floor. while enforcing order on the floor.
(c) The Sergeant-at-Arms shall enforce strictly the rules relating to the 3. He shall enforce strictly the rules relating to the privileges of the
privileges of the Hall of the House and be responsible to the House for the Hall and be responsible to the House for the official conduct of his
official conduct of his employees. employees.
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(d) The Sergeant-at-Arms may not allow a person to enter the room over the 4. He shall allow no person to enter the room over the Hall of the House The ``room over the Hall of the House'' houses mechanical equipment and
Hall of the House during its sittings; and from 15 minutes before the hour during its sittings; and fifteen minutes before the hour of the meeting of thus admission is restricted during sittings of the House.
of the meeting of the House each day until 10 minutes after adjournment, he the House each day he shall see that the floor is cleared of all persons
shall see that the floor is cleared of all persons except those privileged except those privileged to remain, and kept so until ten minutes after
to remain. adjournment.
(e) In addition to any other reports required by the Speaker or the 5. In addition to any other reports required by the Speaker or the
Committee on House Oversight, the Sergeant-at-Arms shall report to the Committee on House Oversight, the Sergeant-at-Arms shall report to the
Committee on House Oversight not later than 45 days following the close of Committee on House Oversight not later than 45 days following the close of
each semiannual period ending on June 30 or on December 31 on the financial each semiannual period ending June 30 or on December 31 on the financial
and operational status of each function under the jurisdiction of the and operational status of each function under the jurisdiction of the
Sergeant-at-Arms. Each report shall include financial statements and a Sergeant-at-Arms. Each report shall include financial statements, a
description or explanation of current operations, the implementation of new description or explanation of current operations, the implementation of new
policies and procedures, and future plans for each function. policies and procedures, and future plans for each function.
(f) The Sergeant-at-Arms shall fully cooperate with the appropriate 6. The Sergeant-at-Arms shall fully cooperate with the appropriate offices
offices and persons in the performance of reviews and audits of financial and persons in the performance of reviews and audits of financial records
records and administrative operations. and administrative operations.
RULE V
Chief Administrative Officer CHIEF ADMINISTRATIVE OFFICER
4. (a) The Chief Administrative Officer shall have operational and 1. The Chief Administrative Officer of the House shall have operational
financial responsibility for functions as assigned by the Committee on and financial responsibility for functions as assigned by the Committee on
House Oversight and shall be subject to the policy direction and oversight House Oversight, and shall be subject to the policy direction and oversight
of the Committee on House Oversight. of the Committee on House Oversight.
(b) In addition to any other reports required by the Committee on House 2. In addition to any other reports required by the Committee on House
Oversight, the Chief Administrative Officer shall report to the Committee Oversight, the Chief shall report to the Committee on House Oversight not
on House Oversight not later than 45 days following the close of each later than 45 days following the close of each semiannual period ending on
semiannual period ending on June 30 or December 31 on the financial and June 30 or December 31 on the financial and operational status of each
operational status of each function under the jurisdiction of the Chief function under the jurisdiction of the Chief. Each report shall include
Administrative Officer. Each report shall include financial statements and financial statements, a description or explanation of current operations,
a description or explanation of current operations, the implementation of the implementation of new policies and procedures, and future plans for
new policies and procedures, and future plans for each function. each function.
(c) The Chief Administrative Officer shall fully cooperate with the 3. The Chief shall fully cooperate with the appropriate offices and
appropriate offices and persons in the performance of reviews and audits of persons in the performance of reviews and audits of financial records and
financial records and administrative operations. administrative operations.
Derived from: RULE VII
Chaplain DUTIES OF THE CHAPLAIN
5. The Chaplain shall offer a prayer at the commencement of each day's The Chaplain shall attend at the commencement of each day's sitting of the
sitting of the House. House and open the same with prayer.
Derived from: RULE VI
Office of Inspector General OFFICE OF INSPECTOR GENERAL
6. (a) There is established an Office of Inspector General. 1. There is established an Office of Inspector General.
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(b) The Inspector General shall be appointed for a Congress by the 2. The Inspector General shall be appointed for a Congress by the Speaker,
Speaker, the Majority Leader, and the Minority Leader, acting jointly. the Majority Leader, and the Minority Leader, acting jointly.
(c) Subject to the policy direction and oversight of the Committee on 3. Subject to the policy direction and oversight of the Committee on House
House Oversight, the Inspector General shall only-- Oversight, the Inspector General shall be responsible only for--
(1) conduct periodic audits of the financial and administrative (a) conducting periodic audits of the financial and administrative
functions of the House and of joint entities; functions of the House and joint entities;
(2) inform the officers or other officials who are the subject of an (b) informing the Officers or other officials who are the subject of an
audit of the results of that audit and suggesting appropriate curative audit of the results of that audit and suggesting appropriate curative
actions; actions;
(3) simultaneously notify the Speaker, the Majority Leader, the Minority (c) simultaneously notifying the Speaker, the Majority Leader, the Conforming changes are required when existing rule VI becomes clause 6,
Leader, and the chairman and ranking minority member of the Committee on Minority Leader, and the chairman and ranking minority party member of rule II.
House Oversight in the case of any financial irregularity discovered in the Committee on House Oversight in the case of any financial
the course of carrying out responsibilities under this clause; irregularity discovered in the course of carrying out responsibilities
under this rule;
(4) simultaneously submit to the Speaker, the Majority Leader, the (d) simultaneously submitting to the Speaker, the Majority Leader, the
Minority Leader, and the chairman and ranking minority member of the Minority Leader, and the chairman and ranking minority party member of
Committee on House Oversight a report of each audit conducted under this the Committee on House Oversight a report of each audit conducted under
clause; and this rule; and
(5) report to the Committee on Standards of Official Conduct information (e) reporting to the Committee on Standards of Official Conduct
involving possible violations by a Member, Delegate, Resident information involving possible violations by any Member, officer, or
Commissioner, officer, or employee of the House of any rule of the House employee of the House of any rule of the House or of any law applicable
or of any law applicable to the performance of official duties or the to the performance of official duties or the discharge of official
discharge of official responsibilities that may require referral to the responsibilities which may require referral to the appropriate Federal or
appropriate Federal or State authorities under clause 3(a)(3) of rule XI. State authorities pursuant to clause 4(e)(1)(C) of rule X.
Office of the Historian
7. There is established an Office of the Historian of the House of Derived from clause 10, rule I: 10. There is established in the House of
Representatives. Representatives an office to be known as the Office of the Historian of the
House of Representatives.
Office of General Counsel
8. There is established an Office of General Counsel for the purpose of Derived from clause 11, rule I: 11. There is established in the House of
providing legal assistance and representation to the House. Legal Representatives an office to be known as the Office of General Counsel for
assistance and representation shall be provided without regard to political the purpose of providing legal assistance and representation to the House.
affiliation. The Office of General Counsel shall function pursuant to the Legal assistance and representation shall be provided without regard to
direction of the Speaker, who shall consult with a Bipartisan Legal political affiliation. The Office of General Counsel shall function
Advisory Group, which shall include the majority and minority leaderships. pursuant to the direction of the Speaker, who shall consult with a
The Speaker shall appoint and set the annual rate of pay for employees of Bipartisan Legal Advisory Group, which shall include the majority and
the Office of General Counsel. minority leaderships. The Speaker shall appoint and set the annual rate of
pay for employees of the Office of General Counsel.
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RULE III.
THE MEMBERS, DELEGATES, AND RESIDENT COMMISSIONER OF PUERTO RICO. Derived from: RULE VIII
Voting DUTIES OF THE MEMBERS
1. Every Member shall be present within the Hall of the House during its 1. Every Member shall be present within the Hall of the House during its In proposed rule III the duty of Members with respect to attendance and
sittings, unless excused or necessarily prevented, and shall vote on each sittings, unless excused or necessarily prevented, and shall vote on each voting, currently in rule VIII, are combined with provisions currently in
question put, unless he has a direct personal or pecuniary interest in the question put, unless he has a direct personal or pecuniary interest in the rule XII authorizing Delegates and the Resident Commissioner from Puerto
event of such question. event of such question. Rico to serve on standing, select and conference committees but are kept
2. (a) A Member may not authorize any other person to cast his vote or 3.(a) A Member may not authorize any other individual to cast his vote or separate from a code of conduct and other rules regarding official conduct
record his presence in the House or the Committee of the Whole House on the record his presence in the House or Committee of the Whole. also applicable to officers and employees (moved to new rules XXIV through
state of the Union. XXVII). This rule is specific as to the respective duties and prerogatives
of Members, Delegates and the Resident Commissioner.
Existing clause 2, rule VIII on announcement of pairs has been transferred
to new clause 8, rule XX as logically belonging to the voting rule.
(b) No other person may cast a Member's vote or record a Member's presence (b) No individual other than a Member may cast a vote or record a Member's
in the House or the Committee of the Whole House on the state of the Union. presence in the House or the Committee of the Whole.
(c) A Member may not cast a vote for any other Member or record another
Member's presence in the House or Committee of the Whole.
Derived from: RULE XII
Delegates and the Resident Commissioner RESIDENT COMMISSIONER AND DELEGATES
3. (a) Each Delegate and the Resident Commissioner shall be elected to The Resident Commissioner to the United States from Puerto Rico and each
serve on standing committees in the same manner as Members of the House and Delegate to the House shall be elected to serve on standing committees in
shall possess in such committees the same powers and privileges as the the same manner as Members of the House and shall possess in such
other members of the committee. committees the same powers and privileges as the other Members.
(b) The Delegates and the Resident Commissioner may be appointed to any Derived from clause 6(h), rule X: (h) The Speaker may appoint the Resident
select committee and to any conference committee. Commissioner from Puerto Rico and Delegates to the House to any select
committee and to any conference committee.
RULE IV.
THE HALL OF THE HOUSE. Derived from: RULE XXXI
Use and admittance HALL OF THE HOUSE Rules IV-VI--Administration of the House
1. The Hall of the House shall be used only for the legislative business The Hall of the House shall be used only for the legislative business of In proposed rule IV, current provisions regulating the Hall of the House
of the House and for caucus and conference meetings of its Members, except the House and for the caucus meetings of its Members, except upon occasions (rule XXXI), admission to the floor (rule XXXII), and to the galleries
when the House agrees to take part in any ceremonies to be observed where the House by resolution agrees to take part in any ceremonies to be (rule XXXIII) are combined as one administrative rule consisting of seven
therein. The Speaker may not entertain a motion for the suspension of this observed therein; and the Speaker shall not entertain a motion for the clauses.
clause. suspension of this rule.
Derived from: RULE XXXII
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2. (a) Only the following persons shall be admitted to the Hall of the OF ADMISSION TO THE FLOOR Proposed clause 2(a)(1) of this rule clarifies that contestants in
House or rooms leading thereto: 1. The persons hereinafter named, and none other, shall be admitted to the election cases have privileges of the House floor only when their cases are
(1) Members of Congress, Members-elect, and contestants in election Hall of the House or rooms leading thereto, viz: The President and Vice the business on the floor and not merely before a committee.
cases during the pendency of their cases on the floor. President of the United States and their private secretaries, judges of the
(2) The Delegates and the Resident Commissioner. Supreme Court, Members of Congress and Members-elect, contestants in
(3) The President and Vice President of the United States and their election cases during the pendency of their cases in the House, the
private secretaries. Secretary and Sergeant-at-Arms of the Senate, heads of departments, foreign
(4) Justices of the Supreme Court. ministers, governors of States, the Architect of the Capitol, the Librarian
(5) Elected officers and minority employees nominated as elected of Congress and his assistant in charge of the Law Library, the Resident
officers of the House. Commissioner to the United States from Puerto Rico, each Delegate to the
(6) The Parliamentarian. House, such persons as have, by name, received the thanks of Congress, the
(7) Staff of committees when business from their committee is under Parliamentarian, elected officers and elected minority employees of the
consideration. House (other than Members); and ex-Members of the House of Representatives,
(8) Not more than one person from the staff of a Member, Delegate, or former Parliamentarians of the House, and former elected officers and
Resident Commissioner when that Member, Delegate, or Resident elected minority employees of the House, subject to the provisions of
Commissioner has an amendment under consideration (subject to clause 5). clause 3 of this rule; and clerks of committees when business from their
(9) The Architect of the Capitol. committee is under consideration and not more than one person from a
(10) The Librarian of Congress and the assistant in charge of the Law Member's staff when that Member has an amendment under consideration,
Library. subject to the provisions of clause 4 of this rule; and one attorney to
(11) The Secretary and Sergeant-at-Arms of the Senate. accompany any Member who is the respondent in an investigation undertaken
(12) Heads of departments. by the Committee on Standards of Official Conduct when the recommendation
(13) Foreign ministers. of such committee is under consideration; and it shall not be in order for
(14) Governors of States. the Speaker to entertain a request for the suspension of this rule or to
(15) Former Members, Delegates, and Resident Commissioners; former present from the chair the request of any Member for unanimous consent.
Parliamentarians of the House; and former elected officers and minority
employees nominated as elected officers of the House (subject to clause
4).
(16) One attorney to accompany a Member, Delegate, or Resident
Commissioner who is the respondent in an investigation undertaken by the
Committee on Standards of Official Conduct when a recommendation of that
committee is under consideration in the House.
(17) Such persons as have, by name, received the thanks of Congress.
(b) The Speaker may not entertain a unanimous consent request or a motion
to suspend this clause.
3. (a) Except as provided in paragraph (b), all persons not entitled to 2. There shall be excluded at all times from the Hall of the House of
the privilege of the floor during the session shall be excluded at all Representatives and the cloakrooms all persons not entitled to the
times from the Hall of the House and the cloakrooms. privilege of the floor during the session, except that until fifteen
(b) Until 15 minutes of the hour of the meeting of the House, persons minutes of the hour of the meeting of the House persons employed in its
employed in its service, accredited members of the press entitled to service, accredited members of the press entitled to admission to the press
admission to the press gallery, and other persons on request of a Member, gallery, and other persons on request of Members, by card or in writing may
Delegate, or Resident Commissioner by card or in writing, may be admitted be admitted.
to the Hall of the House.
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4. (a) Former Members, Delegates, and Resident Commissioners; former 3. Ex-Members of the House of Representatives, former Parliamentarians of
Parliamentarians of the House; and former elected officers and minority the House, and former elected officers and former elected minority
employees nominated as elected officers of the House shall be entitled to employees of the House, shall be entitled to the privilege of admission to
the privilege of admission to the Hall of the House and rooms leading the Hall of the House and rooms leading thereto only if they do not have
thereto only if-- any direct personal or pecuniary interest in any legislative measure
(1) they do not have any direct personal or pecuniary interest in any pending before the House or reported by any committee of the House and only
legislative measure pending before the House or reported by a committee; if they are not in the employ of, or do not represent, any party or
and organization for the purpose of influencing, directly or indirectly, the
(2) they are not in the employ of, or do not represent, any party or passage, defeat or amendment of any legislative measure pending before the
organization for the purpose of influencing, directly or indirectly, the House, reported by any committee of the House or under consideration in any
passage, defeat, or amendment of any legislative measure pending before of its committees or subcommittees. The Speaker shall promulgate such
the House, reported by a committee, or under consideration in any of its regulations as may be necessary to implement the provisions of this rule
committees or subcommittees. and to ensure its enforcement.
(b) The Speaker shall promulgate such regulations as may be necessary to
implement this rule and to ensure its enforcement.
5. A person from the staff of a Member, Delegate, or Resident Commissioner 4. Persons from Member's staffs admitted to the Hall of the House or rooms
may be admitted to the Hall of the House or rooms leading thereto under leading thereto under clause 1 shall be admitted only upon prior
clause 2 only upon prior notice to the Speaker. Such persons, and persons notification to the Speaker. No such person or clerk of a committee so
from the staff of committees admitted under clause 2, may not engage in admitted under clause 1 shall engage in efforts in the Hall of the House or
efforts in the Hall of the House or rooms leading thereto to influence rooms leading thereto to influence Members with regard to the legislation
Members with regard to the legislation being amended. Such persons shall being amended. Such persons and clerks shall remain at the desk and are
remain at the desk and are admitted only to advise the Member, Delegate, admitted only to advise the Member or committee responsible for their
Resident Commissioner, or committee responsible for their admission. A admission. Any such person or clerk who violates this clause may be
person who violates this clause may be excluded during the session from the excluded during the session from the Hall of the House and rooms leading
Hall of the House and rooms leading thereto by the Speaker. thereto by the Speaker.
Derived from: RULE XXXIII
Gallery OF ADMISSION TO THE GALLERIES
6. (a) The Speaker shall set aside a portion of the west gallery for the The Speaker shall set aside a portion of the west gallery for the use of
use of the President, the members of the Cabinet, justices of the Supreme the President of the United States, the members of his Cabinet, justices of
Court, foreign ministers and suites, and the members of their respective the Supreme Court, foreign ministers and suites, and the members of their
families. The Speaker shall set aside another portion of the same gallery respective families, and shall also set aside another portion of the same
for the accommodation of persons to be admitted on the cards of Members, gallery for the accommodation of persons to be admitted on the card of
Delegates, or the Resident Commissioner. Members. The southerly half of the east gallery shall be assigned
(b) The Speaker shall set aside the southerly half of the east gallery for exclusively for the use of the families of Members of Congress, in which
the use of the families of Members of Congress. The Speaker shall control the Speaker shall control one bench, and on request of a Member the Speaker
one bench. On the request of a Member, Delegate, Resident Commissioner, or shall issue a card of admission to his family, which shall include their
Senator, the Speaker shall issue a card of admission to his family, which visitors, and no other person shall be admitted to this section.
may include their visitors. No other person shall be admitted to this
section.
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Prohibition on campaign contributions
7. A Member, Delegate, Resident Commissioner, officer, or employee of the Derived from clause 5, rule XXXII: 5. No Member, officer, or employee of
House, or any other person entitled to admission to the Hall of the House the House of Representatives, or any other person entitled to admission to
or rooms leading thereto by this rule, may not knowingly distribute a the Hall of the House or rooms leading thereto by this rule, shall
political campaign contribution in the Hall of the House or rooms leading knowingly distribute any political campaign contribution in the Hall of the
thereto. House or rooms leading thereto.
RULE V.
BROADCASTING THE HOUSE.
1. The Speaker shall administer a system subject to his direction and Derived from clause 9, rule I: 9. (a) He shall devise and implement a In proposed rule V, current provisions in clause 9 of rule I with respect
control for closed-circuit viewing of floor proceedings of the House in the system subject to his direction and control for closed circuit viewing of to the Speaker's authority to control broadcasting of proceedings of the
offices of all Members, Delegates, the Resident Commissioner, and floor proceedings of the House of Representatives in the offices of all House are transferred to become a separate administrative rule.
committees and in such other places in the Capitol and the House Office Members and committees and in such other places in the Capitol and the
Buildings as he considers appropriate. Such system may include other House Office Buildings as he deems appropriate. Such system may include
telecommunications functions as the Speaker considers appropriate. Any such other telecommunications functions as he deems appropriate. Any such
telecommunications shall be subject to rules and regulations issued by the telecommunications function shall be subject to rules and regulations
Speaker. issued by the Speaker.
2. (a) The Speaker shall administer a system subject to his direction and (b)(1) He shall devise and implement a system subject to his direction and
control for complete and unedited audio and visual broadcasting and control for complete and unedited audio and visual broadcasting and
recording of the proceedings of the House. The Speaker shall provide for recording of the proceedings of the House of Representatives. He shall
the distribution of such broadcasts and recordings to news media, for the provide for the distribution of such broadcasts and recordings thereof to
storage of audio and video recordings of the proceedings, and for the news media, the storage of audio and video recordings of the proceedings,
closed-captioning of the proceedings for hearing-impaired persons. and the closed captioning of the proceedings for hearing-impaired
individuals.
(b) All television and radio broadcasting stations, networks, services, (2) All television and radio broadcasting stations, networks, services,
and systems (including cable systems) that are accredited to the House and systems (including cable systems) which are accredited to the House
Radio and Television Correspondents' Galleries, and all radio and radio and television correspondents' galleries, and all radio and
television correspondents who are so accredited, shall be provided access television correspondents who are accredited to the radio and television
to the live coverage of the House. correspondents' galleries shall be provided access to the live coverage of
the House of Representatives.
(c) Coverage made available under this clause, including any recording (3) No coverage made available under this clause nor any recording thereof
thereof-- shall be used for any political purpose.
(1) may not be used for any political purpose; (4) Coverage made available under this clause shall not be broadcast with
(2) may not be used in any commercial advertisement; and commercial sponsorship except as part of bona fide news programs and public
(3) may not be broadcast with commercial sponsorship except as part of a affairs documentary programs. No part of such coverage or any recording
bona fide news program or public affairs documentary program. thereof shall be used in any commercial advertisement.
3. The Speaker may delegate any of his responsibilities under this rule to (c) He may delegate any of his responsibilities under this clause to such
such legislative entity as he considers appropriate. legislative entity as he deems appropriate.
RULE VI. Derived from: RULE XXXIV
OFFICIAL REPORTERS AND NEWS MEDIA GALLERIES.
[[Page H56]]
Official reporters OFFICIAL AND OTHER REPORTERS
1. Subject to the direction and control of the Speaker, the Clerk shall 1. The appointment and removal, for cause, of the official reporters of In proposed rule VI, current provisions in rule XXXIV regarding official
appoint, and may remove for cause, the official reporters of the House, the House, including stenographers of committees, and the manner of the and other reporters are redesignated as a new administrative rule and are
including stenographers of committees, and shall supervise the execution of execution of their duties shall be vested in the Clerk, subject to the redescribed to refer to news media galleries (rather than ``other
their duties. direction and control of the Speaker. reporters'').
News media galleries
2. A portion of the gallery over the Speaker's chair as may be necessary 2. Such portion of the gallery over the Speaker's chair as may be
to accommodate representatives of the press wishing to report debates and necessary to accommodate representatives of the press wishing to report
proceedings shall be set aside for their use. Reputable reporters and debates and proceedings shall be set aside for their use, and reputable
correspondents shall be admitted thereto under such regulations as the reporters and correspondents shall be admitted thereto under such
Speaker may prescribe from time to time. The Standing Committee of regulations as the Speaker may from time to time prescribe; and the
Correspondents for the Press Gallery and the Executive Committee of supervision of such gallery, including the designation of its employees,
Correspondents for the Periodical Press Gallery, shall supervise such shall be vested in the standing committee of correspondents, subject to the
galleries, including the designation of its employees, subject to the direction and control of the Speaker; and the Speaker may assign one seat
direction and control of the Speaker. The Speaker may assign one seat on on the floor to Associated Press reporters and one to United Press
the floor to Associated Press reporters and one to United Press International, and regulate the occupation of the same. And the Speaker may
International reporters, and may regulate their occupation. The Speaker may admit to the floor, under such regulations as he may prescribe, one
admit to the floor, under such regulations as he may prescribe, one additional representative of each press association.
additional representative of each press association.
3. A portion of the gallery as may be necessary to accommodate reporters 3. Such portion of the gallery of the House of Representatives as may be
of news to be disseminated by radio, television, and similar means of necessary to accommodate reporters of news to be disseminated by radio,
transmission, wishing to report debates and proceedings, shall be set aside television, and similar means of transmission, wishing to report debates
for their use. Reputable reporters and correspondents shall be admitted and proceedings, shall be set aside for their use, and reputable reporters
thereto under such regulations as the Speaker may prescribe. The Executive thus engaged shall be admitted thereto under such regulations as the
Committee of the Radio and Television Correspondents' Galleries shall Speaker may from time to time prescribe; and the supervision of such
supervise such gallery, including the designation of its employees, subject gallery, including the designation of its employees, shall be vested in the
to the direction and control of the Speaker. The Speaker may admit to the Executive Committee of the Radio and Television Correspondents' Galleries,
floor, under such regulations as he may prescribe, one representative of subject to the direction and control of the Speaker; and the Speaker may
the National Broadcasting Company, one of the Columbia Broadcasting System, admit to the floor, under such regulations as he may prescribe, one
and one of the American Broadcasting Company. representative of the National Broadcasting Company, one of the Columbia
Broadcasting System, one of the Mutual Broadcasting System, and one of the
American Broadcasting Company.
RULE VII.
RECORDS OF THE HOUSE. Derived from: RULE XXXVI
PRESERVATION AND AVAILABILITY OF NON- ............................................................................
[[Page H57]]
Archiving CURRENT RECORDS OF THE HOUSE Rules VII-IX--Institutional Prerogatives
1. (a) At the end of each Congress, the chairman of each committee shall 1. (a) At the end of each Congress, the chairman of each committee of the In proposed rule VII, current provisions in rules XXXVI and XXXVII
transfer to the Clerk any noncurrent records of such committee, including House shall transfer to the Clerk any noncurrent records of such committee, regarding preservation and availability of noncurrent records of the House
the subcommittees thereof. including the subcommittees thereof. and withdrawal of papers presented to the House are combined as one
administrative rule consisting of seven clauses. The two rules are related
logically.
(b) At the end of each Congress, each officer of the House elected under (b) At the end of each Congress, each officer of the House elected
rule II shall transfer to the Clerk any noncurrent records made or acquired pursuant to rule II shall transfer to the Clerk any noncurrent records made
in the course of the duties of such officer. or acquired in the course of the duties of such officer.
2. The Clerk shall deliver the records transferred under clause 1, 2. The Clerk shall deliver the records transferred pursuant to clause 1 of
together with any other noncurrent records of the House, to the Archivist the rule, together with any other noncurrent records of the House, to the
of the United States for preservation at the National Archives and Records Archivist of the United States for preservation at the National Archives
Administration. Records so delivered are the permanent property of the and Records Administration. Records so delivered are the permanent property
House and remain subject to this rule and any order of the House. of the House and remain subject to this rule and the orders of the House.
Public availability
3. (a) The Clerk shall authorize the Archivist to make records delivered 3. (a) Subject to paragraph (b) of the clause, clause 4 of this rule, and
under clause 2 available for public use, subject to paragraph (b), clause orders of the House, the Clerk shall authorize the Archivist of the United
4, and any order of the House. States to make available for public use the records delivered to the
Archivist under clause 2 of this rule.
(b)(1) A record shall immediately be made available if it was previously (b)(1) Any record that the House or a committee of the House (or a
made available for public use by the House or a committee or a subcommittee thereof) makes available for public use before such record is
subcommittee. delivered to the Archivist under clause 2 of this rule shall be made
available immediately.
(2) An investigative record that contains personal data relating to a (2) Any investigative record that contains personal data relating to a
specific living person (the disclosure of which would be an unwarranted specific living individual (the disclosure of which would be an unwarranted
invasion of personal privacy), an administrative record relating to invasion of personal privacy), any administrative record with respect to
personnel, or a record relating to a hearing that was closed under clause personnel, and any record with respect to a hearing closed pursuant to
2(g)(2) of rule XI shall be made available if it has been in existence for clause 2(g)(2) of rule XI shall be available if such record has been in
50 years. existence for 50 years.
(3) A record for which a time, schedule, or condition for availability is (3) Any record for which a time, schedule, or condition for availability
specified by order of the House shall be made available in accordance with is specified by order of the House shall be made available in accordance
that order. Except as otherwise provided by order of the House, a record of with that order. Except as otherwise provided by order of the House, any
a committee for which a time, schedule, or condition for availability is record of a committee for which a time, schedule, or condition for
specified by order of the committee (entered during the Congress in which availability is specified by order of the committee (entered during the
the record is made or acquired by the committee) shall be made available in Congress in which the record is made or acquired by the committee) shall be
accordance with the order of the committee. made available in accordance with the order of the committee.
(4) A record (other than a record referred to in subparagraph (1), (2), or (4) Any record (other than a record referred to in subparagraph (1), (2),
(3)) shall be made available if it has been in existence for 30 years. or (3) of this paragraph) shall be made available if such record has been
in existence for 30 years.
[[Page H58]]
4. (a) A record may not be made available for public use under clause 3 if 4. (a) A record shall not be made available for public use under clause 3
the Clerk determines that such availability would be detrimental to the of this rule if the Clerk determines that such availability would be
public interest or inconsistent with the rights and privileges of the detrimental to the public interest or inconsistent with the rights and
House. The Clerk shall notify in writing the chairman and ranking minority privileges of the House. The Clerk shall notify in writing the chairman and
member of the Committee on House Oversight of any such determination. the ranking minority party member of the Committee on House Oversight of
any determination under the preceding sentence.
(b) A determination of the Clerk under paragraph (a) is subject to later (b) A determination of the Clerk under paragraph (a) is subject to later
orders of the House and, in the case of a record of a committee, later order of the House and, in the case of a record of a committee, later order
orders of the committee. of the committee.
5. (a) This rule does not supersede rule VIII or clause 9 of rule X and 5. (a) This rule does not supersede rule XLVIII or rule L and does not
does not authorize the public disclosure of any record if such disclosure authorize the public disclosure of any record if such disclosure is
is prohibited by law or executive order of the President. prohibited by law or executive order of the President.
(b) The Committee on House Oversight may prescribe guidelines and (b) The Committee on House Oversight may prescribe guidelines and
regulations governing the applicability and implementation of this rule. regulations governing the applicability and implementation of this rule.
(c) A committee may withdraw from the National Archives and Records (c) A committee may withdraw from the National Archives and Records
Administration any record of the committee delivered to the Archivist under Administration any record of the committee delivered to the Archivist of
this rule. Such a withdrawal shall be on a temporary basis and for official the United States under this rule. Such withdrawal shall be on a temporary
use of the committee. basis and for official use of the committee.
Definition of record
6. In this rule the term ``record'' means any official, permanent record 6. As used in the rule the term ``record'' means any official permanent Proposed clause 2(e)(2)(A), rule XI (existing clause 2(e)(2), rule XI)
of the House (other than a record of an individual Member, Delegate, or record of the House, including-- requires all committee records be kept separate and distinct from the
Resident Commissioner), including-- congressional office records of the member serving as chairman.
(a) with respect to a committee, an official, permanent record of the (a) with respect to a committee of the House, an official, permanent
committee (including any record of a legislative, oversight, or other record of the committee (including any record of a legislative,
activity of such committee or a subcommittee thereof); and oversight, or other activity of such committee or subcommittee thereof);
and
(b) with respect to an officer of the House elected under rule II, an (b) with respect to an officer of the House elected pursuant to rule II,
official, permanent record made or acquired in the course of the duties an official, permanent record made or acquired in the course of the
of such officer. duties of such officer. Such term does not include a record of an
individual Member of the House.
Derived from: RULE XXXVII
[[Page H59]]
Withdrawal of papers WITHDRAWAL OF PAPERS
7. A memorial or other paper presented to the House may not be withdrawn No memorial or other paper presented to the House shall be withdrawn from
from its files without its leave. If withdrawn certified copies thereof its files without its leave, and if withdrawn therefrom certified copies
shall be left in the office of the Clerk. When an act passes for the thereof shall be left in the office of the Clerk; but when an act may pass
settlement of a claim, the Clerk may transmit to the officer charged with for the settlement of a claim, the Clerk is authorized to transmit to the
the settlement thereof the papers on file in his office relating to such officer in charge with the settlement thereof the papers on file in his
claim. The Clerk may lend temporarily to an officer or bureau of the office relating to such claim, or may loan temporarily to an officer or
executive departments any papers on file in his office relating to any bureau of the executive departments any papers on file in his office
matter pending before such officer or bureau, taking proper receipt relating to any matter pending before such officer or bureau, taking proper
therefor. receipt therefor.
RULE VIII. Derived from: RULE L
RESPONSE TO SUBPOENAS. PROCEDURE FOR RESPONSE TO SUBPOENAS.
1. When a Member, Delegate, Resident Commissioner, officer, or employee of 1. When any Member, officer, or employee of the House of Representatives In proposed rule VIII, current provisions in rule L regarding responses to
the House is properly served with a subpoena or other judicial order is properly served with a subpoena or other judicial order directing judicial subpoenas are transferred to this portion of the rules covering
directing appearance as a witness relating to the official functions of the appearance as a witness relating to the official functions of the House or institutional prerogatives. These responses are to be distinguished from
House or for the production or disclosure of any document relating to the for the production or disclosure of any documents relating to the official those involving congressional subpoenas.
official functions of the House, such Member, Delegate, Resident functions of the House, such Member, officer, or employee shall comply,
Commissioner, officer, or employee shall comply, consistently with the consistently with the privileges and rights of the House, with said
privileges and rights of the House, with the subpoena or other judicial subpoena or other judicial order as hereinafter provided, unless otherwise
order as hereinafter provided, unless otherwise determined under this rule. determined pursuant to the provisions of this rule.
2. Upon receipt of a properly served subpoena or other judicial order 2. Upon receipt of a properly served subpoena or other judicial order
described in clause 1, a Member, Delegate, Resident Commissioner, officer, directing appearance as a witness relating to the official functions of the
or employee of the House shall promptly notify the Speaker of its receipt House or for the production or disclosure of any documents relating to the
in writing. Such notification shall promptly be laid before the House by official functions of the House, such Member, officer, or employee shall
the Speaker. During a period of recess or adjournment of longer than three promptly notify, in writing, the Speaker of its receipt and such
days, notification to the House is not required until the reconvening of notification shall then be promptly laid before the House by the Speaker,
the House, when the notification shall promptly be laid before the House by except that during a period of recess or adjournment of longer than three
the Speaker. days, no such notification to the House shall be required. However, upon
the reconvening of the House, such notification shall then be promptly laid
before the House by the Speaker.
3. Once notification has been laid before the House, the Member, Delegate, 3. Once notification has been laid before the House, the Member, officer, The changes in proposed clauses 3 and 4 are intended to avoid the use of
Resident Commissioner, officer, or employee of the House shall determine or employee shall determine whether the issuance of the subpoena or other possessives, as in the current rule.
whether the issuance of the subpoena or other judicial order described in judicial order is a proper exercise of the court's jurisdiction, is
clause 1 is a proper exercise of jurisdiction by the court, is material and material and relevant, and is consistent with the privileges and rights of
relevant, and is consistent with the privileges and rights of the House. the House. The Member, officer, or employee shall notify the Speaker prior
Such Member, Delegate, Resident Commissioner, officer, or employee shall to seeking judicial determination of these matters.
notify the Speaker before seeking judicial determination of these matters.
[[Page H60]]
4. Upon determination whether a subpoena or other judicial order described 4. Upon determination whether the subpoena or other judicial order is a
in clause 1 is a proper exercise of jurisdiction by the court, is material proper exercise of the court's jurisdiction, is material and relevant, and
and relevant, and is consistent with the privileges and rights of the is consistent with the privileges and rights of the House, the Member,
House, the Member, Delegate, Resident Commissioner, officer, or employee of officer, or employee shall immediately notify, in writing, the Speaker of
the House shall immediately notify the Speaker of the determination in such a determination.
writing.
5. The Speaker shall inform the House of a determination whether a 5. The Speaker shall inform the House of the determination of whether the
subpoena or other judicial order described in clause 1 is a proper exercise subpoena or other judicial order is a proper exercise of the court's
of jurisdiction by the court, is material and relevant, and is consistent jurisdiction, is material and relevant, and is consistent with the
with the privileges and rights of the House. In so informing the House, the privileges and rights of the House, and shall generally describe the
Speaker shall generally describe the records or information sought. During records or information sought, except that during any recess or adjournment
a period of recess or adjournment of longer than three days, such of the House for longer than three days, no such notification is required.
notification is not required until the reconvening of the House, when the However, upon the reconvening of the House, such notification shall then be
notification shall promptly be laid before the House by the Speaker. promptly laid before the House by the Speaker.
6. (a) Except as specified in paragraph (b) or otherwise ordered by the 6. Upon such notification to the House that said subpoena is a proper
House, upon notification to the House that a subpoena or other judicial exercise of the court's jurisdiction, is material and relevant, and is
order described in clause 1 is a proper exercise of jurisdiction by the consistent with the privileges and rights of the House, the Member,
court, is material and relevant, and is consistent with the privileges and officer, or employee shall comply with such subpoena or other judicial
rights of the House, the Member, Delegate, Resident Commissioner, officer, order by supplying certified copies, unless the House adopts a resolution
or employee of the House shall comply with the subpoena or other judicial to the contrary; except that under no circumstances shall any minutes or
order by supplying certified copies. transcripts of executive sessions, or any evidence of witnesses in respect
(b) Under no circumstances may minutes or transcripts of executive thereto, be disclosed or copied. Should the House be in recess or
sessions, or evidence of witnesses in respect thereto, be disclosed or adjournment for longer than three days, the Speaker may authorize
copied. During a period of recess or adjournment of longer than three days, compliance or take such other action as he deems appropriate under the
the Speaker may authorize compliance or take such other action as he circumstances during the pendency of such recess or adjournment. And upon
considers appropriate under the circumstances. Upon the reconvening of the the reconvening of the House, all matters having transpired under this
House, all matters that transpired under this clause shall promptly be laid clause shall be laid promptly before the House by the Speaker.
before the House by the Speaker.
7. A copy of this rule shall be transmitted by the Clerk to the court when 7. A copy of this rule shall be transmitted by the Clerk of the House to
a subpoena or other judicial order described in clause 1 is issued and any of said courts whenever any such subpoena or other judicial order is
served on a Member, Delegate, Resident Commissioner, officer, or employee issued and served on a Member, officer, or employee of the House.
of the House.
8. Nothing in this rule shall be construed to deprive, condition, or waive 8. Nothing in this rule shall be construed to deprive, condition or waive
the constitutional or legal privileges or rights applicable or available at the constitutional or legal rights applicable or available to any Member,
any time to a Member, Delegate, Resident Commissioner, officer, or employee officer, or employee of the House, or of the House itself, or the right of
of the House, or of the House itself, or the right of such Member, a Member or the House to assert such privilege or right before any court in
Delegate, Resident Commissioner, officer, or employee, or of the House the United States, or the right of the House thereafter to assert such
itself, to assert such privileges or rights before a court in the United privilege or immunity before any court in the United States.
States.
[[Page H61]]
RULE IX. Derived from: RULE IX
QUESTIONS OF PRIVILEGE. QUESTIONS OF PRIVILEGE
1. Questions of privilege shall be, first, those affecting the rights of 1. Questions of privilege shall be, first, those affecting the rights of Proposed rule IX on questions of privilege, including privileges of the
the House collectively, its safety, dignity, and the integrity of its the House collectively, its safety, dignity, and the integrity of its House and personal privilege, retains the same number as the existing rule,
proceedings; and second, those affecting the rights, reputation, and proceedings; and second, those affecting the rights, reputation, and in order to preserve many precedent citations to rule IX and consistent
conduct of Members, Delegates, or the Resident Commissioner, individually, conduct of Members, individually, in their representative capacity only. with the treatment in this portion of the rules of matters involving
in their representative capacity only. institutional prerogatives. Questions of privilege remain distinguished
from ``privileged questions,'' matters which are merely eligible for
expedited consideration under the rules (see proposed rule XIII).
2. (a)(1) A resolution reported as a question of the privileges of the 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 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 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 privileged under clause 1, section 7, article I of the Constitution, shall
have precedence of all other questions except motions to adjourn. A have precedence of all other questions except motions to adjourn. A
resolution offered from the floor by a Member, Delegate, or Resident resolution offered from the floor by a Member other than the Majority
Commissioner other than the Majority Leader or the Minority Leader as a Leader or the Minority Leader as a question of the privileges of the House
question of the privileges of the House shall have precedence of all other shall have precedence of all other questions except motions to adjourn only
questions except motions to adjourn only at a time or place, designated by at a time or place, designated by the Speaker, in the legislative schedule
the Speaker, in the legislative schedule within two legislative days after within two legislative days after the day on which the proponent announces
the day on which the proponent announces to the House his intention to to the House his intention to offer the resolution and the form of the
offer the resolution and the form of the resolution. resolution.
(2) The time allotted for debate on a resolution offered from the floor as (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 question of the privileges of the House shall be equally divided between
(A) the proponent of the resolution, and (B) the Majority Leader, the (A) the proponent of the resolution, and (B) the Majority Leader or the
Minority Leader, or a designee, as determined by the Speaker. Minority Leader or a designee, as determined by the Speaker.
(b) A question of personal privilege shall have precedence of all other (b) A question of personal privilege shall have precedence of all other
questions except motions to adjourn. questions except motions to adjourn.
RULE X. Derived from: RULE X
ORGANIZATION OF COMMITTEES. ESTABLISHMENT AND JURISDICTION OF STANDING COMMITTEES
[[Page H62]]
Committees and their legislative jurisdictions The Committees and Their Jurisdiction
1. There shall be in the House the following standing committees, each of 1. There shall be in the House the following standing committees, each of Rules X-XI--Committees
which shall have the jurisdiction and related functions assigned by this which shall have the jurisdiction and related functions assigned to it by In proposed rule X, clauses 1 through 3 remain the same with respect to
clause and clauses 2, 3, and 4. All bills, resolutions, and other matters this clause and clauses 2, 3, and 4; and all bills, resolutions, and other statements of legislative jurisdiction of standing committees (clause 1),
relating to subjects within the jurisdiction of the standing committees matters relating to subjects within the jurisdiction of any standing general oversight responsibilities (clause 2), and special oversight
listed in this clause shall be referred to those committees, in accordance committee as listed in this clause shall (in accordance with and subject to functions (clause 3). In clause 4, under additional functions of
with clause 2 of rule XII, as follows: clause 5) be referred to such committees, as follows: committees, the provisions currently in clause 4(e) regarding the Committee
on Standards of Official Conduct are transferred to rule XI to become a
separate clause 3 following committee procedures generally, as they are
more appropriately ``procedure'' provisions than ``functions'' provisions.
Rule X retains organizational provisions relating to committee membership
in clause 5 (currently clause 6). Proposed clause 6 relates to committee
expense resolutions (currently clause 5 of rule XI) since this matter is
more appropriately an organizational matter than a committee procedure
provision. Interim committee funding logically follows as a proposed clause
7 (currently clause 5(f), rule XI), and then committee travel as proposed
clause 8 (currently clause 2(n), rule XI). The committee staff provisions
currently in clause 6 of rule XI are transferred to become a new clause 9
of rule X, also more appropriately an organizational matter. Provisions
relating to select and conference committees currently clause 6(f) and (g)
are transferred to proposed clause 10. The provisions of rule XLVIII
establishing the Permanent Select Committee on Intelligence are transferred
to rule X to become proposed clause 11. In sum, rule X covers all
organizational matters relating to all committees, except committee
procedure which remains rule XI. This achieves a logical sequence and
retains existing citations to committee jurisdictions and committee
procedural issues found in precedent and practice volumes.
(a) Committee on Agriculture. (a) Committee on Agriculture.
(1) Adulteration of seeds, insect pests, and protection of birds and (1) Adulteration of seeds, insect pests, and protection of birds and
animals in forest reserves. animals in forest reserves.
(2) Agriculture generally. (2) Agriculture generally.
(3) Agricultural and industrial chemistry. (3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations. (4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research. (5) Agricultural economics and research.
(6) Agricultural education extension services. (6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization of prices (7) Agricultural production and marketing and stabilization of prices of
of agricultural products, and commodities (not including distribution agricultural products, and commodities (not including distribution outside
outside of the United States). of the United States).
(8) Animal industry and diseases of animals. (8) Animal industry and diseases of animals.
(9) Commodity exchanges. (9) Commodities exchanges.
[[Page H63]]
(10) Crop insurance and soil conservation. (10) Crop insurance and soil conservation.
(11) Dairy industry. (11) Dairy industry.
(12) Entomology and plant quarantine. (12) Entomology and plant quarantine.
(13) Extension of farm credit and farm security. (13) Extension of farm credit and farm security.
(14) Inspection of livestock, poultry, meat products, and seafood and (14) Inspection of livestock, and poultry, and meat products, and seafood
seafood products. and seafood products.
(15) Forestry in general and forest reserves other than those created (15) Forestry in general, and forest reserves other than those created
from the public domain. from the public domain.
(16) Human nutrition and home economics. (16) Human nutrition and home economics.
(17) Plant industry, soils, and agricultural engineering. (17) Plant industry, soils, and agricultural engineering.
(18) Rural electrification. (18) Rural electrification.
(19) Rural development. (19) Rural development.
(20) Water conservation related to activities of the Department of (20) Water conservation related to activities of the Department of
Agriculture. Agriculture.
(b) Committee on Appropriations. (b) Committee on Appropriations.
(1) Appropriation of the revenue for the support of the Government. (1) Appropriation of the revenue for the support of the Government.
(2) Rescissions of appropriations contained in appropriation Acts. (2) Rescissions of appropriations contained in appropriation Acts.
(3) Transfers of unexpended balances. (3) Transfers of unexpended balances.
(4) The amount of new authority to enter into contracts under which (4) The amount of new authority to enter into contracts under which the
the United States is obligated to make outlays, the budget authority United States is obligated to make outlays, the budget authority for which
for which is not provided in advance by appropriation Acts; new is not provided in advance by appropriation Acts; new authority to incur
authority to incur indebtedness (other than indebtedness incurred under indebtedness (other than indebtedness incurred under chapter 31 of title 31
chapter 31 of title 31 of the United States Code) for the repayment of of the United States Code) for the repayment of which the United States is
which the United States is liable, the budget authority for which is liable, the budget authority for which is not provided in advance by
not provided in advance by appropriation Acts; new entitlement appropriation Acts; new entitlement authority as defined in section 3(9) of
authority as defined in section 3(9) of the Congressional Budget Act of the Congressional Budget Act of 1974, including bills and resolutions
1974, including bills and joint resolutions (reported by other (reported by other committees) which provide new entitlement authority as
committees) that provide new entitlement authority as defined in defined in section 3(9) of the Congressional Budget Act of 1974 and are
section 3(9) of the Congressional Budget Act and are referred to the referred to the committee under clause 4(a); authority to forego the
committee under clause 4(a); authority to forego the collection by the collection by the United States of proprietary offsetting receipts, the
United States of proprietary offsetting receipts, the budget authority budget authority for which is not provided in advance by appropriation Acts
for which is not provided in advance by appropriation Acts to offset to offset such foregone receipts; and authority to make payments by the
such foregone receipts; and authority to make payments by the United United States (including loans, grants, and payments from revolving funds)
States (including loans, grants and payments from revolving funds) other than those covered by this subparagraph, the budget authority for
other than those covered by this subparagraph, the budget authority for which is not provided in advance by appropriation Acts.
which is not provided in advance by appropriation Acts.
[[Page H64]]
The committee shall include separate headings for ``Rescissions'' and In clause 1(b), rule X, the legislative jurisdiction of the Committee on
``Transfers of Unexpended Balances'' in any bill or resolution as reported Appropriations includes only statements of legislative jurisdiction. The
from the committee under its jurisdiction specified in subparagraph (2) or additional paragraph in the existing rule on headings for rescissions and
(3), with all proposed rescissions and proposed transfers listed therein; transfers of appropriations is transferred to a new clause 3(f)(2), rule
and shall include a separate section with respect to such rescissions or XIII as more logically under committee reporting requirements.
transfers in the accompanying committee report. In addition to its
jurisdiction under the preceding provisions of this paragraph, the
committee shall have the fiscal oversight function provided for in clause
2(b)(3) and the budget hearing function provided for in clause 4(a).
(c) Committee on Banking and Financial Services. (c) Committee on Banking and Financial Services.
(1) Banks and banking, including deposit insurance and Federal (1) Banks and banking, including deposit insurance and Federal monetary
monetary policy. policy.
(2) Bank capital markets activities generally. (2) Bank capital markets activities generally.
(3) Depository institutions securities activities generally, including (3) Depository institution securities activities generally, including the
activities of any affiliates (except for functional regulation under activities of any affiliates, except for functional regulation under
applicable securities laws not involving safety and soundness). applicable securities laws not involving safety and soundness.
(4) Economic stabilization, defense production, renegotiation, and (4) Economic stabilization, defense production, renegotiation, and control
control of the price of commodities, rents, and services. of the price of commodities, rents, and services.
(5) Financial aid to commerce and industry (other than (5) Financial aid to commerce and industry (other than transportation).
transportation).
(6) International finance. (6) International finance.
(7) International financial and monetary organizations. (7) International financial and monetary organizations.
(8) Money and credit, including currency and this issuance of notes (8) Money and credit, including currency and the issuance of notes and
and redemption thereof; gold and silver, including the coinage thereof; redemption thereof; gold and silver, including the coinage thereof;
valuation and revaluation of the dollar. valuation and revaluation of the dollar.
(9) Public and private housing. (9) Public and private housing.
(10) Urban development. (10) Urban development.
[[Page H65]]
(d) Committee on the Budget. (d)(1) Committee on the Budget, consisting of the following Members:
(A) Members who are members of other standing committees, including five
Members who are members of the Committee on Appropriations, and five
Members who are members of the Committee on Ways and Means;
(B) one Member from the leadership of the majority party; and
(C) one Member from the leadership of the minority party.
No Member other than a representative from the leadership of a party may In proposed clause 1(d), rule X, only the legislative jurisdiction of the
serve as a member of the Committee on the Budget during more than four Committee on the Budget remains. The existing provision on the composition
Congresses in any period of six successive Congresses (disregarding for of the committee is transferred to proposed clause 5(a)(2) of rule X under
this purpose any service performed as a member of such committee for less election of standing committees. The duty of the Budget Committee regarding
than a full session in any Congress), except that an incumbent chairman or tax expenditures currently stated in its legislative jurisdiction is
ranking minority member having served on the committee for four Congresses transferred to clause 4 of rule X under additional functions of committees.
and having served as chairman or ranking minority member of the committee
for not more than one Congress shall be eligible for reelection to the
committee as chairman or ranking minority member for one additional
Congress.
(1) Concurrent resolutions on the budget (as defined in section 3(4) (2) All concurrent resolutions on the budget (as defined in section 3 of
of the Congressional Budget Act of 1974), other matters required to be the Congressional Budget Act of 1974), other matters required to be
referred to the committee under titles III and IV of that Act, and referred to the committee under titles III and IV of that Act, and other
other measures setting forth appropriate levels of budget totals for measures setting forth appropriate levels of budget totals for the United
the United States Government. States Government.
(2) Budget process generally. (3) Measures relating to the budget process, generally.
(3) Establishment, extension, and enforcement of special controls over (4) Measures relating to the establishment, extension, and enforcement of
the Federal budget, including the budgetary treatment of off-budget special controls over the Federal budget, including the budgetary treatment
Federal agencies and measures providing exemption from reduction under of off-budget Federal agencies and measures providing exemption from
any order issued under part C of the Balanced Budget and Emergency reduction under any order issued under part C of the Balanced Budget and
Deficit Control Act of 1985. Emergency Deficit Control Act of 1985.
(5) The committee shall have the duty-
(A) to report the matters required to be reported by it under titles III
and IV of the Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on budget outlays of relevant
existing and proposed legislation and to report the results of such studies
to the House on a recurring basis;
(C) to request and evaluate continuing studies of tax expenditures; to
devise methods of coordinating tax expenditures, policies, and programs
with direct budget outlays, and to report the results of such studies to
the House on a recurring basis; and
(D) to review, on a continuing basis, the conduct by the Congressional
Budget Office of its functions and duties.
[[Page H66]]
(e) Committee on Commerce. (e) Committee on Commerce.
(1) Biomedical research and development. (1) Biomedical research and development.
(2) Consumer affairs and consumer protection. (2) Consumer affairs and consumer protection.
(3) Health and health facilities (except health care supported by (3) Health and health facilities, except health care supported by payroll
payroll deductions). deductions.
(4) Interstate energy compacts. (4) Interstate energy compacts.
(5) Interstate and foreign commerce generally. (5) Interstate and foreign commerce generally.
(6) Exploration, production, storage, supply, marketing, pricing, and (6) Measures relating to the exploration, production, storage, supply, The phrase ``measures relating to'' appearing in the rule X jurisdictional
regulation of energy resources, including all fossil fuels, solar marketing, pricing, and regulation of energy resources, including all statements of a number of committees has been deleted in the recodification
energy, and other unconventional or renewable energy resources. fossil fuels, solar energy, and other unconventional or renewable energy as unnecessary. No jurisdictional addition or subtraction is intended by
resources. the change.
(7) Conservation of energy resources. (7) Measures relating to the conservation of energy resources.
(8) Energy information generally. (8) Measures relating to energy information generally.
(9) The generation and marketing of power (except by federally (9) Measures relating to (A) the generation and marketing of power (except
chartered or Federal regional power marketing authorities); reliability by federally chartered or Federal regional power marketing authorities),
and interstate transmission of, and ratemaking for, all power; and (B) the reliability and interstate transmission of, and ratemaking for, all
siting of generation facilities (except the installation of power, and (C) the siting of generation facilities; except the installation
interconnections between Government waterpower projects). of interconnections between Government water power projects.
(10) General management of the Department of Energy and management and (10) Measures relating to general management of the Department of Energy,
all functions of the Federal Energy Regulatory Commission. and the management and all functions of the Federal Energy Regulatory
Commission.
(11) National energy policy generally. (11) National energy policy generally.
(12) Public health and quarantine. (12) Public health and quarantine.
(13) Regulation of the domestic nuclear energy industry, including (13) Regulation of the domestic nuclear energy industry, including
regulation of research and development reactors and nuclear regulatory regulation of research and development reactors and nuclear regulatory
research. research.
(14) Regulation of interstate and foreign communications. (14) Regulation of interstate and foreign communications.
(15) Securities and exchanges. (15) Securities and exchanges.
(16) Travel and tourism. (16) Travel and tourism.
The committee shall have the same jurisdiction with respect to regulation of The committee shall have the same jurisdiction with respect to regulation of
nuclear facilities and of use of nuclear energy as it has with respect to nuclear facilities and of use of nuclear energy as it has with respect to
regulation of nonnuclear facilities and of use of nonnuclear energy. regulation of nonnuclear facilities and of use of nonnuclear energy. In
addition to its legislative jurisdiction under the preceding provisions of
this paragraph (and its general oversight functions under clause 2(b)(1)),
such committee shall have the special oversight functions provided for in
clause (3)(h) with respect to all laws, programs, and Government activities
affecting nuclear and other energy, and nonmilitary nuclear energy and
research and development including the disposal of nuclear waste.
(f) Committee on Education and the Workforce. (f) Committee on Education and the Workforce.
(1) Child labor (1) Child labor.
[[Page H67]]
(2) Gallaudet University and Howard University and Hospital. (2) Columbia Institution for the Deaf, Dumb, and Blind; Howard University; References to specific entities in subparagraphs (2) and (9) of proposed
Freedmen's Hospital. clause 1(f), rule X have been modernized in the jurisdictional statement of
the Committee on Education and the Workforce. No substantive changes to the
jurisdictional statement is intended.
(3) Convict labor and the entry of goods made by convicts into (3) Convict labor and the entry of goods made by convicts into interstate
interstate commerce. commerce.
(4) Food programs for children in schools. (4) Food programs for children in schools.
(5) Labor standards and statistics. (5) Labor standards and statistics.
(6) Education or labor generally. (6) Measures relating to education or labor generally.
(7) Mediation and arbitration of labor disputes. (7) Mediation and arbitration of labor disputes.
(8) Regulation or prevention of importation of foreign laborers under (8) Regulation or prevention of importation of foreign laborers under
contract. contract.
(9) Workers' compensation. (9) United States Employees' Compensation Commission.
(10) Vocational rehabilitation. (10) Vocational rehabilitation.
(11) Wages and hours of labor. (11) Wages and hours of labor.
(12) Welfare of miners. (12) Welfare of miners.
(13) Work incentive programs. (13) Work incentive programs.
In addition to its legislative jurisdiction under the preceding provisions See comment at beginning of rule X.
of this paragraph (and its general oversight function under clause
2(b)(1)), the committee shall have the special oversight function provided
for in clause 3(c) with respect to domestic educational programs and
institutions, and programs of student assistance, which are within the
jurisdiction of other committees.
(g) Committee on Government Reform and Oversight. (g) Committee on Government Reform and Oversight.
(1) Federal civil service, including intergovernmental personnel; and (1) The Federal Civil Service, including intergovernmental personnel; the
the status of officers and employees of the United States, including status of officers and employees of the United States, including their
their compensation, classification, and retirement. compensation, classification, and retirement.
(2) Municipal affairs of the District of Columbia in general (other (2) Measures relating to the municipal affairs of the District of Columbia
than appropriations). in general, other than appropriations.
(3) Federal paperwork reduction. (3) Federal paperwork reduction.
(4) Government management and accounting measures generally. (4) Government management and accounting measures, generally.
(5) Holidays and celebrations. (5) Holidays and celebrations.
(6) Overall economy, efficiency, and management of government (6) The overall economy, efficiency and management of government
operations and activities, including Federal procurement. operations and activities, including Federal procurement.
(7) National archives. (7) National archives.
(8) Population and demography generally, including the Census. (8) Population and demography generally, including the Census.
(9) Postal service generally, including transportation of the mails. (9) Postal service generally, including the transportation of the mails.
(10) Public information and records. (10) Public information and records.
(11) Relationship of the Federal Government to the States and (11) Relationship of the Federal Government to the States and
municipalities generally. municipalities generally.
(12) Reorganizations in the executive branch of the Government. (12) Reorganizations in the executive branch of the Government.
[[Page H68]]
In addition to its legislative jurisdiction under the preceding provisions See comment at beginning of rule X.
of this paragraph (and its oversight functions under clause 2(b) (1) and
(2)), the committee shall have the function of performing the duties and
conducting the studies which are provided for in clause 4(c).
(h) Committee on House Oversight. (h) Committee on House Oversight.
(1) Appropriations from accounts for committee salaries and expenses (1) Appropriations from accounts for committee salaries and expenses
(except for the Committee on Appropriations); House Information (except for the Committee on Appropriations), House Information Resources,
Resources; and allowance and expenses of Members, Delegates, the and allowances and expenses of Members, House Officers and administrative
Resident Commissioner, officers, and administrative offices of the offices of the House.
House.
(2) Auditing and settling of all accounts described in subparagraph (2) Auditing and settling of all accounts described in subparagraph (1).
(1).
(3) Employment of persons by the House, including staff for Members, (3) Employment of persons by the House, including clerks for Members and Under proposed clause 1, rule VI the official reporters of the House are
Delegates, the Resident Commissioner, and committees; and reporters of committees, and reporters of debates. subject to the direction and control of the Speaker. The reference to rule
debates, subject to rule VI. VI in subparagraph (3) is added for clarity.
(4) Except as provided in paragraph (q)(11), the Library of Congress, (4) Except as provided in clause 1(q)(11), matters relating to the Library
including management thereof; the House Library; statuary and pictures; of Congress and the House Library; statuary and pictures; acceptance or
acceptance or purchase of works of art for the Capitol; the Botanic purchase of works of art for the Capitol; the Botanic Gardens; management
Garden; and purchase of books and manuscripts. of the Library of Congress; purchase of books and manuscripts.
(5) The Smithsonian Institution and the incorporation of similar (5) Except as provided in clause 1(q)(11), matters relating to the
institutions (except as provided in paragraph (q)(11)). Smithsonian Institution and the incorporation of similar institutions.
(6) Expenditure of accounts described in subparagraph (1). (6) Expenditure of accounts described in subparagraph (1).
(7) Franking Commission. (7) Franking Commission.
(8) Printing and correction of the Congressional Record. (8) Matters relating to printing and correction of the Congressional
Record.
(9) Accounts of the House generally. (9) Measures relating to accounts of the House generally.
(10) Assignment of office space for Members, Delegates, the Resident (10) Measures relating to assignment of office space for Members and
Commissioner, and committees. committees.
(11) Disposition of useless executive papers. (11) Measures relating to the disposition of useless executive papers.
(12) Election of the President, Vice President, Members, Senators, (12) Measures relating to the election of the President, Vice President,
Delegates, or the Resident Commissioner; corrupt practices; contested or Members of Congress; corrupt practices; contested elections; credentials
elections; credentials and qualifications; and Federal elections and qualifications; and Federal elections generally.
generally.
(13) Services to the House, including the House Restaurant, parking (13) Measures relating to services to the House, including the House
facilities, and administration of the House Office Buildings and of the Restaurant, parking facilities and administration of the House Office
House wing of the Capitol. Buildings and of the House wing of the Capitol.
(14) Travel of Members, Delegates, and the Resident Commissioner. (14) Measures relating to the travel of Members of the House.
[[Page H69]]
(15) Raising, reporting, and use of campaign contributions for (15) Measures relating to the raising, reporting and use of campaign
candidates for office of Representative, of Delegate, and of Resident contributions for candidates for office of Representative in the House of
Commissioner. Representatives, of Delegate, and of Resident Commissioner to the United
States from Puerto Rico.
(16) Compensation, retirement, and other benefits of the Members, (16) Measures relating to the compensation, retirement and other benefits See comment at beginning of rule X.
Delegates, the Resident Commissioner, officers, and employees of of the Members, officers, and employees of the Congress.
Congress. In addition to its legislative jurisdiction under the preceding provisions
of this paragraph (and its general oversight function under clause
2(b)(1)), the committee shall have the function of performing the duties
which are provided for in clause 4(d).
(i) Committee on International Relations. (i) Committee on International Relations.
(1) Relations of the United States with foreign nations generally. (1) Relations of the United States with foreign nations generally.
(2) Acquisition of land and buildings for embassies and legations in (2) Acquisition of land and buildings for embassies and legations in
foreign countries. foreign countries.
(3) Establishment of boundary lines between the United States and (3) Establishment of boundary lines between the United States and foreign
foreign nations. nations.
(4) Export controls, including nonproliferation of nuclear technology (4) Export controls, including nonproliferation of nuclear technology and
and nuclear hardware. nuclear hardware.
(5) Foreign loans. (5) Foreign loans.
(6) International commodity agreements (other than those involving (6) International commodity agreements (other than those involving sugar),
sugar), including all agreements for cooperation in the export of including all agreements for cooperation in the export of nuclear
nuclear technology and nuclear hardware. technology and nuclear hardware.
(7) International conferences and congresses. (7) International conferences and congresses.
(8) International education. (8) International education.
(9) Intervention abroad and declarations of war. (9) Intervention abroad and declarations of war.
(10) Diplomatic service. (10) Measures relating to the diplomatic service.
(11) Measures to foster commercial intercourse with foreign nations (11) Measures to foster commercial intercourse with foreign nations and to
and to safeguard American business interests abroad. safeguard American business interests abroad.
(12) International economic policy. (12) Measures relating to international economic policy.
(13) Neutrality. (13) Neutrality.
(14) Protection of American citizens abroad and expatriation. (14) Protection of American citizens abroad and expatriation.
(15) The American National Red Cross. (15) The American National Red Cross.
(16) Trading with the enemy. (16) Trading with the enemy.
(17) United Nations organizations. (17) United Nations Organizations.
In addition to its legislative jurisdiction under the preceding provisions See comment at beginning of rule X.
of this paragraph (and its general oversight function under clause
2(b)(1)), the committee shall have the special oversight functions provided
for in clause 3(d) with respect to customs administration, intelligence
activities relating to foreign policy, international financial and monetary
organizations, and international fishing agreements.
(j) Committee on the Judiciary. (j) Committee on the Judiciary.
(1) The judiciary and judicial proceedings, civil and criminal. (1) The judiciary and judicial proceedings, civil and criminal.
(2) Administrative practice and procedure. (2) Administrative practice and procedure.
(3) Apportionment of Representatives. (3) Apportionment of Representatives.
[[Page H70]]
(4) Bankruptcy, mutiny, espionage, and counterfeiting. (4) Bankruptcy, muting, espionage, and counterfeiting.
(5) Civil liberties. (5) Civil liberties.
(6) Constitutional amendments. (6) Constitutional amendments.
(7) Federal courts and judges, and local courts in the Territories and (7) Federal courts and judges, and local courts in the Territories and
possessions. possessions.
(8) Immigration and naturalization. (8) Immigration and naturalization.
(9) Interstate compacts generally. (9) Interstate compacts, generally.
(10) Claims against the United States. (10) Measures relating to claims against the United States.
(11) Meetings of Congress; attendance of Members, Delegates, and the (11) Meetings of Congress, attendance of Members and their acceptance of
Resident Commissioner; and their acceptance of incompatible offices. incompatible offices.
(12) National penitentiaries. (12) National penitentiaries.
(13) Patents, the Patent and Trademark Office, copyrights, and (13) Patents, the Patent Office, copyrights, and trademarks. The reference in subparagraph (13) to the `` Patent Office'' has been
trademarks. modernized to the ``Patent and Trademark Office''.
(14) Presidential succession. (14) Presidential succession.
(15) Protection of trade and commerce against unlawful restraints and (15) Protection of trade and commerce against unlawful restraints and
monopolies. monopolies.
(16) Revision and codification of the Statutes of the United States. (16) Revision and codification of the Statutes of the United States.
(17) State and territorial boundary lines. (17) State and territorial boundaries.
(18) Subversive activities affecting the internal security of the (18) Subversive activities affecting the internal security of the United
United States. States.
(k) Committee on National Security. (k) Committee on National Security.
(1) Ammunition depots; forts; arsenals; and Army, Navy, and Air Force (1) Ammunition depots; forts; arsenals; Army, Navy, and Air Force
reservations and establishments. reservations and establishments.
(2) Common defense generally. (2) Common defense generally.
(3) Conservation, development, and use of naval petroleum and oil (3) Conservation, development, and use of naval petroleum and oil shale
shale reserves. reserves.
(4) The Department of Defense generally, including the Departments of (4) The Department of Defense generally, including the Departments of the
the Army, Navy, and Air Force, generally. Army, Navy, and Air Force generally.
(5) Interoceanic canals generally, including measures relating to the (5) Interoceanic canals generally, including measures relating to the
maintenance, operation, and administration of interoceanic canals. maintenance, operation, and administration of interoceanic canals.
(6) Merchant Marine Academy and State Maritime Academies. (6) Merchant Marine Academy, and State Maritime Academies.
(7) Military applications of nuclear energy. (7) Military applications of nuclear energy.
(8) Tactical intelligence and intelligence-related activities of the (8) Tactical intelligence and intelligence related activities of the
Department of Defense. Department of Defense.
(9) National security aspects of merchant marine, including financial (9) National security aspects of merchant marine, including financial
assistance for the construction and operation of vessels, maintenance assistance for the construction and operation of vessels, the maintenance
of the U.S. shipbuilding and ship repair industrial base, cabotage, of the U.S. shipbuilding and ship repair industrial base, cabotage, cargo
cargo preference, and merchant marine officers and seamen as these preference and merchant marine officers and seamen as these matters relate
matters relate to the national security. to the national security.
(10) Pay, promotion, retirement, and other benefits and privileges of (10) Pay, promotion, retirement, and other benefits and privileges of
members of the armed forces. members of the armed forces.
[[Page H71]]
(11) Scientific research and development in support of the armed (11) Scientific research and development in support of the armed services.
services.
(12) Selective service. (12) Selective service.
(13) Size and composition of the Army, Navy, Marine Corps, and Air (13) Size and composition of the Army, Navy, Marine Corps, and Air Force.
Force.
(14) Soldiers' and sailors' homes. (14) Soldiers' and sailors' homes.
(15) Strategic and critical materials necessary for the common (15) Strategic and critical materials necessary for the common defense.
defense.
In addition to its legislative jurisdiction under the preceding provisions See comment at beginning of rule X.
of this paragraph (and its general oversight function under clause
2(b)(1)), the committee shall have the special oversight function provided
for in clause 3(a) with respect to international arms control and
disarmament, and military dependents education.
(l) Committee on Resources. (l) Committee on Resources. Previous references to ``Indians'' in the jurisdictional statement of the
Committee on Resources has been updated. No substantive change to
jurisdiction is intended.
(1) Fisheries and wildlife, including research, restoration, refuges, (1) Fisheries and wildlife, including research, restoration, refuges, and
and conservation. conservation.
(2) Forest reserves and national parks created from the public domain. (2) Forest reserves and national parks created from the public domain.
(3) Forfeiture of land grants and alien ownership, including alien (3) Forfeiture of land grants and alien ownership, including alien
ownership of mineral lands. ownership of mineral lands.
(4) Geological Survey. (4) Geological Survey.
(5) International fishing agreements. (5) International fishing agreements.
(6) Interstate compacts relating to apportionment of waters for (6) Interstate compacts relating to apportionment of waters for irrigation
irrigation purposes. purposes.
(7) Irrigation and reclamation, including water supply for reclamation (7) Irrigation and reclamation, including water supply for reclamation
projects and easements of public lands for irrigation projects; and projects, and easements of public lands for irrigation projects, and
acquisition of private lands when necessary to complete irrigation acquisition of private lands when necessary to complete irrigation
projects. projects.
(8) Native Americans generally, including the care and allotment of (8) Measures relating to the care and management of Indians, including the
Native American lands and general and special measures relating to care and allotment of Indian lands and general and special measures
claims that are paid out of Native American funds. relating to claims which are paid out of Indian funds.
(9) Insular possessions of the United States generally (except those (9) Measures relating generally to the insular possessions of the United
affecting the revenue and appropriations). States, except those affecting the revenue and appropriations.
(10) Military parks and battlefields, national cemeteries administered (10) Military parks and battlefields, national cemeteries administered by
by the Secretary of the Interior, parks within the District of the Secretary of the Interior, parks within the District of Columbia, and
Columbia, and the erection of monuments to the memory of individuals. the erection of monuments to the memory of individuals.
(11) Mineral land laws and claims and entries thereunder. (11) Mineral land laws and claims and entries thereunder.
(12) Mineral resources of public lands. (12) Mineral resources of the public lands.
(13) Mining interests generally. (13) Mining interests generally.
(14) Mining schools and experimental stations. (14) Mining schools and experimental stations.
(15) Marine affairs, including coastal zone management (except for (15) Marine affairs (including coastal zone management), except for
measures relating to oil and other pollution of navigable waters). measures relating to oil and other pollution of navigable waters.
(16) Oceanography. (16) Oceanography.
[[Page H72]]
(17) Petroleum conservation on public lands and conservation of the (17) Petroleum conservation on the public lands and conservation of the
radium supply in the United States. radium supply in the United States.
(18) Preservation of prehistoric ruins and objects of interest on the (18) Preservation of prehistoric ruins and objects of interest on the
public domain. public domain.
(19) Public lands generally, including entry, easements, and grazing (19) Public lands generally, including entry, easements, and grazing
thereon. thereon.
(20) Relations of the United States with Native Americans and Native (20) Relations of the United States with the Indians and the Indian
American tribes. tribes.
(21) Trans-Alaska Oil Pipeline (except ratemaking). (21) Trans-Alaska Oil Pipeline (except ratemaking). See comment at beginning of rule X.
In addition to its legislative jurisdiction under the preceding provisions
of this paragraph (and its general oversight function under clause
2(b)(1)), the committee shall have the special oversight functions provided
for in clause 3(e) with respect to all programs affecting Indians.
(m) Committee on Rules. (m) Committee on Rules.
(1) Rules and joint rules (other than those relating to the Code of (1) The rules and joint rules (other than rules or joint rules relating to
Official Conduct) and the order of business of the House. the Code of Official Conduct), and order of business of the House.
(2) Recesses and final adjournments of Congress. (2) Recesses and final adjournments of Congress. The Committee on Rules is Existing clause 1(m)(2), rule X on authority of the Committee on Rules to
authorized to sit and act whether or not the House is in session. sit whether the House is in session or not has been eliminated, since it
merely duplicates the provision in clause 2(m), rule XI already applicable
to all standing committees. This authority for the Rules Committee to sit
predates the standing authority for other committees.
(n) Committee on Science. (n) Committee on Science.
(1) All energy research, development, and demonstration, and projects (1) All energy research, development, and demonstration, and projects
therefor, and all federally owned or operated nonmilitary energy therefor, and all federally owned or operated nonmilitary energy
laboratories. laboratories.
(2) Astronautical research and development, including resources, (2) Astronautical research and development, including resources,
personnel, equipment, and facilities. personnel, equipment, and facilities.
(3) Civil aviation research and development. (3) Civil aviation research and development.
(4) Environmental research and development. (4) Environmental research and development.
(5) Marine research. (5) Marine research.
(6) Commercial application of energy technology. (6) Measures relating to the commercial application of energy technology.
(7) National Institute of Standards and Technology, standardization of (7) National Institute of Standards and Technology, standardization of
weights and measures, and the metric system. weights and measures, and the metric system.
(8) National Aeronautics and Space Administration. (8) National Aeronautics and Space Administration.
(9) National Space Council. (9) National Space Council.
(10) National Science Foundation. (10) National Science Foundation.
(11) National Weather Service. (11) National Weather Service.
(12) Outer space, including exploration and control thereof. (12) Outer space, including exploration and control thereof.
(13) Science scholarships. (13) Science Scholarships.
(14) Scientific research, development, and demonstration, and projects (14) Scientific research, development, and demonstration, and projects
therefor. therefor.
[[Page H73]]
In addition to its legislative jurisdiction under the preceding provisions See comment at beginning of rule X.
of this paragraph (and its general oversight function under clause
2(b)(1)), the committee shall have the special oversight function provided
for in clause 3(f) with respect to all nonmilitary research and
development.
(o) Committee on Small Business. (o) Committee on Small Business.
(1) Assistance to and protection of small business, including (1) Assistance to and protection of small business, including financial
financial aid, regulatory flexibility, and paperwork reduction. aid, regulatory flexibility, and paperwork reduction.
(2) Participation of small-business enterprises in Federal procurement (2) Participation of small-business enterprises in Federal procurement and
and Government contracts. Government contracts.
In addition to its legislative jurisdiction under the preceding provisions See comment at beginning of rule X.
of this paragraph (and its general oversight function under clause
2(b)(1)), the committee shall have the special oversight function provided
for in clause 3(g) with respect to the problems of small business.
(p) Committee on Standards of Official Conduct. (p) Committee on Standards of Official Conduct.
The Code of Official Conduct. (1) Measures relating to the Code of Official Conduct.
In addition to its legislative jurisdiction under the preceding provision of The additional functions of the Committee on Standards of Official Conduct
this paragraph (and its general oversight function under clause 2(b)(1)), now contained in clause 1(p), rule X are transferred to proposed clause
the committee shall have the functions with respect to recommendations, 3(b)(7), rule XI since clause 1, rule X is to be confined to statements of
studies, investigations, and reports which are provided for in clause 4(e), legislative jurisdiction only.
and the functions designated in titles I and V of the Ethics in Government
Act of 1978 and sections 7342, 7351, and 7353 of title 5, United States
Code.
(q) Committee on Transportation and Infrastructure. (q) Committee on Transportation and Infrastructure.
(1) Coast Guard, including lifesaving service, lighthouses, (1) Coast Guard, including lifesaving service, lighthouses, lightships,
lightships, ocean derelicts, and the Coast Guard Academy. ocean derelicts, and the Coast Guard Academy.
(2) Federal management of emergencies and natural disasters. (2) Federal management of emergencies and natural disasters.
(3) Flood control and improvement of rivers and harbors. (3) Flood control and improvement of rivers and harbors.
(4) Inland waterways. (4) Inland waterways.
(5) Inspection of merchant marine vessels, lights and signals, (5) Inspection of merchant marine vessels, lights and signals, lifesaving
lifesaving equipment, and fire protection on such vessels. equipment, and fire protection on such vessels.
(6) Navigation and laws relating thereto, including pilotage. (6) Navigation and laws relating thereto, including pilotage.
(7) Registering and licensing of vessels and small boats. (7) Registering and licensing of vessels and small boats.
(8) Rules and international arrangements to prevent collisions at sea. (8) Rules and international arrangements to prevent collisions at sea.
(9) The Capitol Building and the Senate and House Office Buildings. (9) Measures relating to the Capitol Building and the Senate and House
Office Buildings.
[[Page H74]]
(10) Construction or maintenance of roads and post roads (other than (10) Measures relating to the construction or maintenance of roads and The prohibition in the existing Transportation and Infrastructure
appropriations therefor). post roads, other than appropriations therefor; but it shall not be in jurisdictional rule (now clause 1(q)(10)) regarding consideration of
order for any bill providing general legislation in relation to roads to general road bills containing specific road provisions has been transferred
contain any provision for any specific road, nor for any bill in relation to new clause 3, rule XXI since it more logically belongs in a rule
to a specific road to embrace a provision in relation to any other specific precluding consideration of certain provisions in bills rather than in a
road. jurisdictional rule.
(11) Construction or reconstruction, maintenance, and care of (11) Measures relating to the construction or reconstruction, maintenance, ............................................................................
buildings and grounds of the Botanic Garden, the Library of Congress, and care of the buildings and grounds of the Botanic Gardens, the Library
and the Smithsonian Institution. of Congress, and the Smithsonian Institution.
(12) Merchant marine (except for national security aspects thereof). (12) Measures relating to merchant marine, except for national security
aspects of merchant marine.
(13) Purchase of sites and construction of post offices, customhouses, (13) Measures relating to the purchase of sites and construction of post ............................................................................
Federal courthouses, and Government buildings within the District of offices, customhouses, Federal courthouses, and Government buildings within
Columbia. the District of Columbia.
(14) Oil and other pollution of navigable waters, including inland, (14) Oil and other pollution of navigable waters, including inland, ............................................................................
coastal, and ocean waters. coastal, and ocean waters.
(15) Marine affairs, including coastal zone management, as they relate (15) Marine affairs (including coastal zone management) as they relate to ............................................................................
to oil and other pollution of navigable waters. oil and other pollution of navigable waters.
(16) Public buildings and occupied or improved grounds of the United (16) Public buildings and occupied or improved grounds of the United ............................................................................
States generally. States generally.
(17) Public works for the benefit of navigation, including bridges and (17) Public works for the benefit of navigation, including bridges and ............................................................................
dams (other than international bridges and dams). dams (other than international bridges and dams).
(18) Related transportation regulatory agencies. (18) Related transportation regulatory agencies. ............................................................................
(19) Roads and the safety thereof. (19) Roads and the safety thereof. ............................................................................
(20) Transportation, including civil aviation, railroads, water (20) Transportation, including civil aviation, railroads, water ............................................................................
transportation, transportation safety (except automobile safety), transportation, transportation safety (except automobile safety),
transportation infrastructure, transportation labor, and railroad transportation infrastructure, transportation labor, and railroad
retirement and unemployment (except revenue measures related thereto). retirement and unemployment (except revenue measures related thereto).
(21) Water power. (21) Water power. ............................................................................
(r) Committee on Veterans' Affairs. (r) Committee on Veterans' Affairs.
(1) Veterans' measures generally. (1) Veterans' measures generally.
(2) Cemeteries of the United States in which veterans of any war or (2) Cemeteries of the United States in which veterans of any war or
conflict are or may be buried, whether in the United States or abroad conflict are or may be buried, whether in the United States or abroad,
(except cemeteries administered by the Secretary of the Interior). except cemeteries administered by the Secretary of the Interior.
(3) Compensation, vocational rehabilitation, and education of (3) Compensation, vocational rehabilitation, and education of veterans.
veterans.
(4) Life insurance issued by the Government on account of service in (4) Life insurance issued by the Government on account of service in the
the Armed Forces. Armed Forces.
(5) Pensions of all the wars of the United States, general and (5) Pensions of all the wars of the United States, general and special.
special.
(6) Readjustment of servicemen to civil life. (6) Readjustment of servicemen to civil life.
(7) Soldiers' and sailors' civil relief. (7) Soldiers' and sailors' civil relief.
[[Page H75]]
(8) Veterans' hospitals, medical care, and treatment of veterans. (8) Veterans' hospitals, medical care, and treatment of veterans.
(s) Committee on Ways and Means. (s) Committee on Ways and Means.
(1) Customs, collection districts, and ports of entry and delivery. (1) Customs, collection districts, and ports of entry and delivery.
(2) Reciprocal trade agreements. (2) Reciprocal trade agreements.
(3) Revenue measures generally. (3) Revenue measures generally.
(4) Revenue measures relating to insular possessions. (4) Revenue measures relating to the insular possessions.
(5) Bonded debt of the United States, subject to the last sentence of (5) The bonded debt of the United States (subject to the last sentence of
clause 4(f). clause 4(g) of this rule).
(6) Deposit of public monies. (6) The deposit of public moneys.
(7) Transportation of dutiable goods. (7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts. (8) Tax exempt foundations and charitable trusts.
(9) National social security (except health care and facilities (9) National social security, except (A) health care and facilities
programs that are supported from general revenues as opposed to payroll programs that are supported from general revenues as opposed to payroll
deductions and except work incentive programs). deductions and (B) work incentive programs.
General oversight responsibilities General Oversight Responsibilities
2. (a) The various standing committees shall have general oversight 2. (a) In order to assist the House in--
responsibilities as provided in paragraph (b) in order to assist the House
in--
(1) its analysis, appraisal, and evaluation of-- (1) its analysis, appraisal, and evaluation of (A) the application,
(A) the application, administration, execution, and effectiveness of administration, execution, and effectiveness of the laws enacted by the
Federal laws; and Congress, or (B) conditions and circumstances which may indicate the
(B) conditions and circumstances that may indicate the necessity or necessity or desirability of enacting new or additional legislation, and
desirability of enacting new or additional legislation; and
(2) its formulation, consideration, and enactment of changes in Federal (2) its formulation, consideration, and enactment of such modifications of
laws, and of such additional legislation as may be necessary or or changes in those laws, and of such additional legislation, as may be
appropriate. necessary or appropriate, the various standing committees shall have
oversight responsibilities as provided in paragraph (b).
[[Page H76]]
(b)(1) In order to determine whether laws and programs addressing subjects (b)(1) Each standing committee (other than the Committee on Appropriations Proposed clause 2(b), rule X is rewritten and reorganized in its entirety
within the jurisdiction of a committee are being implemented and carried and the Committee on the Budget) shall review and study, on a continuing here to emphasize general oversight responsibilities for all standing
out in accordance with the intent of Congress and whether they should be basis, the application, administration, execution, and effectiveness of committees. Directions to specific committees in the existing clause have
continued, curtailed, or eliminated, each standing committee (other than those laws, or parts of laws, the subject matter of which is within the been transferred.
the Committee on Appropriations and the Committee on the Budget) shall jurisdiction of that committee and the organization and operation of the
review and study on a continuing basis-- Federal agencies and entities having responsibilities in or for the
(A) the application, administration, execution, and effectiveness of administration and execution thereof, in order to determine whether such
laws and programs addressing subjects within its jurisdiction; laws and the programs thereunder are being implemented and carried out in
(B) the organization and operation of Federal agencies and entities accordance with the intent of the Congress and whether such programs should
having responsibilities for the administration and execution of laws and be continued, curtailed, or eliminated. In addition, each such committee
programs addressing subjects within its jurisdiction; shall review and study any conditions or circumstances which may indicate
(C) any conditions or circumstances that may indicate the necessity or the necessity or desirability of enacting new or additional legislation
desirability of enacting new or additional legislation addressing within the jurisdiction of that committee (whether or not any bill or
subjects within its jurisdiction (whether or not a bill or resolution has resolution has been introduced with respect thereto), and shall on a
been introduced with respect thereto); and continuing basis undertake future research and forecasting on matters
(D) future research and forecasting on subjects within its jurisdiction. within the jurisdiction of that committee. Each such committee having more
(2) Each committee to which subparagraph (1) applies having more than 20 than twenty members shall establish an oversight subcommittee, or require
members shall establish an oversight subcommittee, or require its its subcommittees, if any, to conduct oversight in the area of their
subcommittees to conduct oversight in their respective jurisdictions, to respective jurisdiction, to assist in carrying out its responsibilities
assist in carrying out its responsibilities under this clause. The under this subparagraph. The establishment of oversight subcommittees shall
establishment of an oversight subcommittee does not limit the in no way limit the responsibility of the subcommittees with legislative
responsibility of a subcommittee with legislative jurisdiction in carrying jurisdiction from carrying out their oversight responsibilities.
out its oversight responsibilities.
(c) Each standing committee shall review and study on a continuing basis (c) Each standing committee of the House shall have the function of The general oversight responsibilities of the Committees on Appropriations
the impact or probable impact of tax policies affecting subjects within its reviewing and studying on a continuing basis the impact or probable impact and Government Reform and Oversight currently specified in subparagraphs
jurisdiction as described in clauses 1 and 3. of tax policies affecting subjects within its jurisdiction as described in (3) and (4) of clause 2(b), rule X, have been transferred to paragraphs (a)
clauses 1 and 3. and (e) respectively in proposed clause 3, rule X. These responsibilities
are more accurately characterized as special oversight functions of those
two committees and thus belong in that clause.
(d)(1) Not later than February 15 of the first session of a Congress, each (d)(1) Not later than February 15 of the first session of a Congress, each ............................................................................
standing committee shall, in a meeting that is open to the public and with standing committee of the House shall, in a meeting that is open to the
a quorum present, adopt its oversight plan for that Congress. Such plan public and with a quorum present, adopt its oversight plans for that
shall be submitted simultaneously to the Committee on Government Reform and Congress. Such plans shall be submitted simultaneously to the Committee on
Oversight and to the Committee on House Oversight. In developing its plan Government Reform and Oversight and to the Committee on House Oversight. In
each committee shall, to the maximum extent feasible-- developing such plans each committee shall, to the maximum extent feasible--
[[Page H77]]
(A) consult with other committees that have jurisdiction over the same (A) consult with other committees of the House that have jurisdiction over ............................................................................
or related laws, programs, or agencies within its jurisdiction with the the same or related laws, programs, or agencies within its jurisdiction,
objective of ensuring maximum coordination and cooperation among with the objective of ensuring that such laws, programs, or agencies are
committees when conducting reviews of such laws, programs, or agencies reviewed in the same Congress and that there is a maximum of coordination
and include in its plan an explanation of steps that have been or will be between such committees in the conduct of such reviews; and such plans
taken to ensure such coordination and cooperation; shall include an explanation of what steps have been and will be taken to
ensure such coordination and cooperation;
(B) give priority consideration to including in its plan the review of (B) give priority consideration to including in its plans the review of
those laws, programs, or agencies operating under permanent budget those laws, programs, or agencies operating under permanent budget
authority or permanent statutory authority; and authority or permanent statutory authority; and
(C) have a view toward ensuring that all significant laws, programs, or (C) have a view toward ensuring that all significant laws, programs, or
agencies within its jurisdiction are subject to review every 10 years. agencies within its jurisdictions are subject to review at least once every
ten years.
(2) It shall not be in order to consider a committee expense resolution (2) It shall not be in order to consider any committee expense resolution
(within the meaning of clause 6), or an amendment thereto, proposing to (within the meaning of clause 5 of rule XI), or any amendment thereto, for
fund the expenses of a committee that has not submitted its oversight plan any committee that has not submitted its oversight plans as required by
as required by this paragraph. this paragraph.
(3) Not later than March 31 in the first session of a Congress, after (3) Not later than March 31 in the first session of a Congress, after
consultation with the Speaker, the Majority Leader, and the Minority consultation with the Speaker, the Majority Leader, and the Minority
Leader, the Committee on Government Reform and Oversight shall report to Leader, the Committee on Government Reform and Oversight shall report to
the House the oversight plans submitted by committees together with any the House the oversight plans submitted by each committee together with any
recommendations that it, or the House leadership group described above, may recommendations that it, or the House leadership group referred to above,
make to ensure the most effective coordination of oversight plans and may make to ensure the most effective coordination of such plans and
otherwise to achieve the objectives of this clause. otherwise achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may appoint special ad (e) The Speaker, with the approval of the House, may appoint special ad
hoc oversight committees for the purpose of reviewing specific matters hoc oversight committees for the purpose of reviewing specific matters
within the jurisdiction of two or more standing committees. within the jurisdiction of two or more standing committees.
Special oversight functions
3. (a) The Committee on Appropriations shall conduct such studies and Derived from clause 2(b)(3), rule X: (3) The Committee on Appropriations This function of the Appropriations Committee is more appropriately
examinations of the organization and operation of executive departments and shall conduct such studies and examinations of the organization and described as one of special, rather than general, oversight and is thus
other executive agencies (including an agency the majority of the stock of operation of executive departments and other executive agencies (including transferred here.
which is owned by the United States) as it considers necessary to assist it any agency the majority of the stock of which is owned by the Government of
in the determination of matters within its jurisdiction. the United States) as it may deem necessary to assist it in the
determination of matters within its jurisdiction.
Derived from clause 3, rule X: Special Oversight Functions
[[Page H78]]
(b) The Committee on the Budget shall study on a continuing basis the 3. (a) The Committee on National Security shall have the function of
effect on budget outlays of relevant existing and proposed legislation and reviewing and studying, on a continuing basis, all laws, programs, and
report the results of such studies to the House on a recurring basis. Government activities dealing with or involving international arms control
(c) The Committee on Commerce shall review and study on a continuing basis and disarmament and the education of military dependents in schools.
laws, programs, and Government activities relating to nuclear and other (b) The Committee on the Budget shall have the function of--
energy and nonmilitary nuclear energy research and development including (1) making continuing studies of the effect on budget outlays of relevant
the disposal of nuclear waste. existing and proposed legislation, and reporting the results of such
(d) The Committee on Education and the Workforce shall review, study, and studies to the House on a recurring basis; and
coordinate on a continuing basis laws, programs, and Government activities (2) requesting and evaluating continuing studies of tax expenditures,
relating to domestic educational programs and institutions and programs of devising methods of coordinating tax expenditures, policies, and programs
student assistance within the jurisdiction of other committees. with direct budget outlays, and reporting the results of such studies to
(e) The Committee on Government Reform and Oversight shall review and the House on a recurring basis.
study on a continuing basis the operation of Government activities at all (c) The Committee on Education and the Workforce shall have the function
levels with a view to determining their economy and efficiency. of reviewing, studying, and coordinating, on a continuing basis, all laws,
(f) The Committee on International Relations shall review and study on a programs, and Government activities dealing with or involving domestic
continuing basis laws, programs, and Government activities relating to educational programs and institutions, and programs of student assistance,
customs administration, intelligence activities relating to foreign policy, which are within the jurisdiction of other committees.
international financial and monetary organizations, and international (d) The Committee on International Relations shall have the function of This function of the Government Reform Committee is more appropriately
fishing agreements. reviewing and studying, on a continuing basis, all laws, programs, and described as one of special, rather than general, oversight and is thus
(g) The Committee on National Security shall review and study on a Government activities dealing with or involving customs administration, transferred here from existing clause 2(b), rule X.
continuing basis laws, programs, and Government activities relating to intelligence activities relating to foreign policy, international financial
international arms control and disarmament and the education of military and monetary organizations, and international fishing agreements.
dependents in schools. (e) The Committee on Resources shall have the function of reviewing and
(h) The Committee on Resources shall review and study on a continuing studying, on a continuing basis, all laws, programs, and Government
basis laws, programs, and Government activities relating to Native activities dealing with Indians.
Americans. (f) The Committee on Science shall have the function of reviewing and
(i) The Committee on Rules shall review and study on a continuing basis studying, on a continuing basis, all laws, programs, and Government
the congressional budget process, and the committee shall report its activities dealing with or involving nonmilitary research and development.
findings and recommendations to the House from time to time.
[[Page H79]]
(j) The Committee on Science shall review and study on a continuing basis (g) The Committee on Small Business shall have the function of studying
laws, programs, and Government activities relating to nonmilitary research and investigating, on a continuing basis, the problems of all types of
and development. small business.
(k) The Committee on Small Business shall study and investigate on a (h) The Committee on Commerce shall have the function of reviewing and
continuing basis the problems of all types of small business. studying on a continuing basis, all laws, programs and Government
activities relating to nuclear and other energy, and nonmilitary nuclear
energy and research and development including the disposal of nuclear
waste.
(i) The Committee on Rules shall have the function of reviewing and
studying, on a continuing basis, the congressional budget process, and the
committee shall, from time to time, report its findings and recommendations
to the House.
Derived from clause 2(b)(2), rule X: (2) The Committee on Government
Reform and Oversight shall review and study, on a continuing basis, the
operation of Government activities at all levels with a view to determining
their economy and efficiency.
Additional functions of committees Additional Functions of Committees
4. (a)(1)(A) The Committee on Appropriations shall, within 30 days after 4. (a)(1)(A) The Committee on Appropriations shall, within thirty days
the transmittal of the Budget to Congress each year, hold hearings on the after the transmittal of the Budget to the Congress each year, hold
dget as a whole with particular reference to-- hearings on the Budget as a whole with particular reference to--
(i) the basic recommendations and budgetary policies of the President in (i) the basic recommendations and budgetary policies of the President in
the presentation of the Budget; and the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions used as bases in (ii) the fiscal, financial, and economic assumptions used as bases in
arriving at total estimated expenditures and receipts. arriving at total estimated expenditures and receipts.
(B) In holding hearings under subdivision (A), the committee shall receive (B) In holding hearings pursuant to subdivision (A), the committee shall
testimony from the Secretary of the Treasury, the Director of the Office of receive testimony from the Secretary of the Treasury, the Director of the
Management and Budget, the Chairman of the Council of Economic Advisers, Office of Management and Budget, the Chairman of the Council of Economic
and such other persons as the committee may desire. Advisers, and such other persons as the committee may desire.
(C) A hearing under subdivision (A), or any part thereof, shall be held in (C) Hearings pursuant to subdivision (A), or any part thereof, shall be
open session, except when the committee, in open session and with a quorum held in open session, except when the committee, in open session and with a
present, determines by record vote that the testimony to be taken at that quorum present, determines by rollcall vote that the testimony to be taken
hearing on that day may be related to a matter of national security. The at that hearing on that day may be related to a matter of national
committee may by the same procedure close one subsequent day of hearing. A security: Provided, however, That the committee may by the same procedure
transcript of all such hearings shall be printed and a copy thereof close one subsequent day of hearing. A transcript of all such hearings
furnished to each Member, Delegate, and the Resident Commissioner. shall be printed and a copy thereof furnished to each Member, Delegate, and
the Resident Commissioner from Puerto Rico.
(D) A hearing under subdivision (A), or any part thereof, may be held (D) Hearings pursuant to subdivision (A), or any part thereof, may be held
before a joint meeting of the committee and the Committee on Appropriations before joint meetings of the committee and the Committee on Appropriations
of the Senate in accordance with such procedures as the two committees of the Senate in accordance with such procedures as the two committees
jointly may determine. jointly may determine.
[[Page H80]]
(2) Pursuant to section 401(b)(2) of the Congressional Budget Act of 1974, (2) Whenever any bill or resolution which provides new entitlement In proposed clause 4(a)(2), rule XI, ``may'' is substituted for ``shall''
when a committee reports a bill or joint resolution that provides new authority as defined in section 3(9) of the Congressional Budget Act of to conform with the discretionary authority to refer reported bills
entitlement authority as defined in section 3(9) of that Act, and enactment 1974 is reported by a committee of the House and the amount of new budget containing new entitlement authority to the Appropriations Committee
of the bill or joint resolution, as reported, would cause a breach of the authority which will be required for the fiscal year involved if such bill pursuant to section 401(b)(2) of the Congressional Budget Act. This is a
committee's pertinent allocation of new budget authority under section or resolution is enacted as so reported exceeds the appropriate allocation conforming change that properly should have been made in 1997.
302(a) of that Act, the bill or joint resolution may be referred to the of new budget authority reported as described in clause 4(h) in connection
Committee on Appropriations with instructions to report it with with the most recently agreed to concurrent resolution on the budget for
recommendations (which may include an amendment limiting the total amount such fiscal year, such bill or resolution shall then be referred to the
of new entitlement authority provided in the bill or joint resolution). If Committee on Appropriations with instructions to report it, with the
the Committee on Appropriations fails to report a bill or joint resolution committee's recommendations and (if the committee deems it desirable) with
so referred within 15 calendar days (not counting any day on which the an amendment limiting the total amount of new entitlement authority
House is not in session), the committee automatically shall be discharged provided in the bill or resolution, within 15 calendar days (not counting
from consideration of the bill or joint resolution, and the bill or joint any day on which the House is not in session) beginning with the day
resolution shall be placed on the appropriate calendar. following the day on which it is so referred. If the Committee on
Appropriations fails to report the bill or resolution within such 15-day
period, the committee shall be automatically discharged from further
consideration of the bill or resolution and the bill or resolution shall be
placed on the appropriate calendar.
(3) In addition, the Committee on Appropriations shall study on a (3) In addition, the Committee on Appropriations shall study on a
continuing basis those provisions of law that (on the first day of the continuing basis those provisions of law which (on the first day of the
first fiscal year for which the congressional budget process is effective) first fiscal year for which the congressional budget process is effective)
provide spending authority or permanent budget authority and shall report provide spending authority or permanent budget authority, and shall report
to the House from time to time its recommendations for terminating or to the House from time to time its recommendations for terminating or
modifying such provisions. modifying such provisions.
(4) In the manner provided by section 302 of the Congressional Budget Act Derived from clause 4(h), rule X: (h) As soon as practicable after a This duty of the Appropriations Committee to subdivide allocations made to
of 1974, the Committee on Appropriations (after consulting with the concurrent resolution on the budget for any fiscal year is agreed to, each it in a budget resolution is properly grouped with other additional
Committee on Appropriations of the Senate) shall subdivide any allocations standing committee of the House (after consulting with the appropriate functions of that committee and is thus transferred here from its former
made to it in the joint explanatory statement accompanying the conference committee or committees of the Senate) shall subdivide any allocations made placement later in this clause.
report on such concurrent resolution, and promptly report the subdivisions to it in the joint explanatory statement accompanying the conference report
to the House as soon as practicable after a concurrent resolution on the on such resolution, and promptly report such subdivisions to the House, in
budget for a fiscal year is agreed to. the manner provided by section 302 of the Congressional Budget Act of l974.
(b) The Committee on the Budget shall-- (b) The Committee on the Budget shall have the duty--
(1) review on a continuing basis the conduct by the Congressional Budget (1) to review on a continuing basis the conduct by the Congressional
Office of its functions and duties; Budget Office of its functions and duties;
[[Page H81]]
(2) hold hearings and receive testimony from Members, Senators, (2) to hold hearings, and receive testimony from Members of Congress and
Delegates, the Resident Commissioner, and such appropriate such appropriate representatives of Federal departments and agencies, the
representatives of Federal departments and agencies, the general public, general public, and national organizations as it deems desirable, in
and national organizations as it considers desirable in developing developing the concurrent resolutions on the budget for each fiscal year;
concurrent resolutions on the budget for each fiscal year;
(3) make all reports required of it by the Congressional Budget Act of (3) to make all reports required of it by the Congressional Budget Act of
1974; 1974, including the reporting of reconciliation bills and resolutions when
so required;
(4) study on a continuing basis those provisions of law that exempt (4) to study on a continuing basis those provisions of law which exempt
Federal agencies or any of their activities or outlays from inclusion in Federal agencies or any of their activities or outlays from inclusion in
the Budget of the United States Government, and report to the House from the Budget of the United States Government, and to report to the House from
time to time its recommendations for terminating or modifying such time to time its recommendations for terminating or modifying such
provisions; provisions; and
(5) study on a continuing basis proposals designed to improve and (5) to study on a continuing basis proposals designed to improve and
facilitate the congressional budget process, and report to the House from facilitate methods of congressional budget-making, and to report to the
time to time the results of such studies, together with its House from time to time the results of such study together with its
recommendations; and recommendations.
(6) request and evaluate continuing studies of tax expenditures, devise ............................................................................ Subparagraph (6) derives from the Committee on the Budget jurisdictional
methods of coordinating tax expenditures, policies, and programs with statement in existing clause 1(d)(5)(C), rule X.
direct budget outlays, and report the results of such studies to the
House on a recurring basis.
(c)(1) The Committee on Government Reform and Oversight shall-- (c)(1) The Committee on Government Reform and Oversight shall have the
general function of--
(A) receive and examine reports of the Comptroller General of the United (A) receiving and examining reports of the Comptroller General of the
States and submit to the House such recommendations as it considers United States and of submitting such recommendations to the House as it
necessary or desirable in connection with the subject matter of the deems necessary or desirable in connection with the subject matter of such
reports; reports;
(B) evaluate the effects of laws enacted to reorganize the legislative (B) evaluating the effects of laws enacted to reorganize the legislative
and executive branches of the Government; and and executive branches of the Government; and
(C) study intergovernmental relationships between the United States and (C) studying intergovernmental relationships between the United States and
the States and municipalities and between the United States and the States and municipalities, and between the United States and
international organizations of which the United States is a member. international organizations of which the United States is a member.
(2) In addition to its duties under subparagraph (1), the Committee on (2) In addition to its duties under subparagraph (1), the Committee on
Government Reform and Oversight may at any time conduct investigations of Government Reform and Oversight may at any time conduct investigations of
any matter without regard to clause 1, 2, 3, or this clause conferring any matter without regard to the provisions of clause 1, 2, or 3 (or this
jurisdiction over the matter to another standing committee. The findings clause) conferring jurisdiction over such matter upon another standing
and recommendations of the committee in such an investigation shall be made committee. The committee's findings and recommendations in any such
available to any other standing committee having jurisdiction over the investigation shall be made available to the other standing committee or
matter involved and shall be included in the report of any such other committees having jurisdiction over the matter involved (and included in
committee when required by clause 3(c)(4) of rule XIII. the report of any such other committee when required by clause 2(l)(3) of
rule XI).
(d)(1) The Committee on House Oversight shall-- (d)(1) The Committee on House Oversight shall have the function of--
[[Page H82]]
(A) examine all bills, amendments, and joint resolutions after passage (A) examining all bills, amendments, and joint resolutions after passage
by the House and, in cooperation with the Senate, examine all bills and by the House and, in cooperation with the Senate, examining all bills and
joint resolutions that have passed both Houses to see that they are joint resolutions which shall have passed both Houses to see that they
correctly enrolled and forthwith present those bills and joint are correctly enrolled, forthwith presenting those which originated in
resolutions that originated in the House to the President in person after the House to the President of the United States in person after their
their signature by the Speaker and the President of the Senate, and signature by the Speaker of the House and the President of the Senate and
report to the House the fact and date of their presentment; reporting the fact and date of such presentation to the House;
(B) provide policy direction for, and oversight of, the Clerk, Sergeant- (B) providing policy direction for, and oversight of, the Clerk,
at-Arms, Chief Administrative Officer, and Inspector General; Sergeant-at-Arms, Chief Administrative Officer, and Inspector General;
and
(C) have the function of accepting on behalf of the House a gift, except (C) accepting a gift, other than as otherwise provided by law, if the
as otherwise provided by law, if the gift does not involve a duty, gift does not involve any duty, burden, or condition, or is not made
burden, or condition, or is not made dependent on some future performance dependent upon some future performance by the House of Representatives
by the House; and and promulgating regulations to carry out this paragraph.
(D) promulgate regulations to carry out subdivision (C).
(2) An employing office of the House may enter into a settlement of a (2) An employing office of the House of Representatives may enter a
complaint under the Congressional Accountability Act of 1995 that provides settlement of a complaint under the Congressional Accountability Act of
for the payment of funds only after receiving the joint approval of the 1995 that provides for the payment of funds only after receiving the joint
chairman and ranking minority member of the Committee on House Oversight approval of the chairman and the ranking minority party member of the
concerning the amount of such payment. Committee on House Oversight concerning the amount of such payment.
(e)(1) Each standing committee shall, in its consideration of all public (f)(1) Each standing committee of the House shall, in its consideration of Current clause 4(e), rule X relating to procedures of the Committee on
bills and public joint resolutions within its jurisdiction, ensure that all bills and joint resolutions of a public character within its Standards of Official Conduct is transferred to proposed clause 3, rule XI
appropriations for continuing programs and activities of the Federal jurisdiction, insure that appropriations for continuing programs and as a committee procedure.
Government and the government of the District of Columbia will be made activities of the Federal Government and the District of Columbia
annually to the maximum extent feasible and consistent with the nature, government will be made annually to the maximum extent feasible and
requirement, and objective of the programs and activities involved. In this consistent with the nature, requirements, and objectives of the programs
subparagraph programs and activities of the Federal Government and the and activities involved. For the purposes of this paragraph a Government
government of the District of Columbia includes programs and activities of agency includes the organizational units of government listed in clause
any department, agency, establishment, wholly owned Government corporation, 7(c) of rule XIII.
or instrumentality of the Federal Government or of the government of the
District of Columbia.
(2) Each standing committee shall review from time to time each continuing (2) Each standing committee of the House shall review, from time to time,
program within its jurisdiction for which appropriations are not made each continuing program within its jurisdiction for which appropriations
annually to ascertain whether the program should be modified to provide for are not made annually in order to ascertain whether such program could be
annual appropriations. modified so that appropriations therefor would be made annually.
[[Page H83]]
Budget Act responsibilities
(f)(1) Each standing committee shall submit to the Committee on the Budget (g) Each standing committee of the House shall, not later than 6 weeks
not later than six weeks after the President submits his budget-- after the President submits his budget, submit to the Committee on the
(A) its views and estimates with respect to all matters to be set forth Budget (1) its views and estimates with respect to all matters to be set
in the concurrent resolution on the budget for the ensuing fiscal year forth in the concurrent resolution on the budget for the ensuing fiscal
that are within its jurisdiction or functions; and year which are within its jurisdiction or functions, and (2) an estimate of
(B) an estimate of the total amounts of new budget authority, and budget the total amounts of new budget authority, and budget outlays resulting
outlays resulting therefrom, to be provided or authorized in all bills therefrom, to be provided or authorized in all bills and resolutions within
and resolutions within its jurisdiction that it intends to be effective its jurisdiction which it intends to be effective during that fiscal year.
during that fiscal year. The views and estimates submitted by the Committee on Ways and Means under
(2) The views and estimates submitted by the Committee on Ways and Means the preceding sentence shall include a specific recommendation, made after
under subparagraph (1) shall include a specific recommendation, made after holding public hearings, as to the appropriate level of the public debt
holding public hearings, as to the appropriate level of the public debt which should be set forth in the concurrent resolution on the budget
that should be set forth in the concurrent resolution on the budget and referred to in such sentence and serve as the basis for an increase or
serve as the basis for an increase or decrease in the statutory limit on decrease in the statutory limit on such debt under the procedures provided
such debt under the procedures provided by rule XXIII. by rule XLIX.
(g) Each standing committee that is directed in a concurrent resolution on Derived from clause 4(i), rule X: (i) Each standing committee of the House
the budget to determine and recommend changes in laws, bills, or which is directed in a concurrent resolution on the budget to determine and
resolutions under the reconciliation process shall promptly make its recommend changes in laws, bills, or resolutions under the reconciliation
determinations and recommendations and either report a reconciliation bill process shall promptly make such determination and recommendations, and
or resolution to the House or submit its recommendations to the Committee report a reconciliation bill or resolution (or both) to the House or submit
on the Budget in accordance with the Congressional Budget Act of 1974. such recommendations to the Committee on the Budget, in accordance with the
Congressional Budget Act of l974.
Election and membership of standing committees Derived from clause 6, rule X: Election and Membership of Committees; Existing clause 5, rule X, on referral of bills and other matters to
Chairmen; Vacancies; Select and Conference Committees committees, is transferred to proposed clause 2, rule XII.
5. (a)(1) The standing committees specified in clause 1 shall be elected 6. (a)(1) The standing committees specified in clause 1 shall be elected
by the House within seven calendar days after the commencement of each by the House within the seventh calendar day beginning after the
Congress, from nominations submitted by the respective party caucus or commencement of each Congress, from nominations submitted by the
conference. A resolution proposing to change the composition of a standing respective party caucuses. It shall always be in order to consider
committee shall be privileged if offered by direction of the party caucus resolutions recommended by the respective party caucuses to change the
or conference concerned. composition of standing committees.
(2)(A) The Committee on the Budget shall be composed of members as [Composition of Budget Committee derived from clause 1(d), rule X]: . . .
follows: consisting of the following Members:
(i) Members, Delegates, or the Resident Commissioner who are members of (A) Members who are members of other standing committees, including five
other standing committees, including five who are members of the Members who are members of the Committee on Appropriations, and five
Committee on Appropriations and five who are members of the Committee on Members who are members of the Committee on Ways and Means;
Ways and Means;
(ii) one Member from the elected leadership of the majority party; and (B) one Member from the leadership of the majority party; and
(iii) one Member from the elected leadership of the minority party. (C) one Member from the leadership of the minority party.
[[Page H84]]
(B) Except as permitted by subdivision (C), a member of the Committee on No Member other than a representative from the leadership of a party may
the Budget other than one from the elected leadership of a party may not serve as a member of the Committee on the Budget during more than four
serve on the committee during more than four Congresses in a period of six Congresses in any period of six successive Congresses (disregarding for
successive Congresses (disregarding for this purpose any service for less this purpose any service performed as a member of such committee for less
than a full session in a Congress). than a full session in any Congress), except that an incumbent chairman or
(C) A member of the Committee on the Budget who served as either the ranking minority member having served on the committee for four Congresses
chairman or the ranking minority member of the committee in the immediately and having served as chairman or ranking minority member of the committee
previous Congress and who did not serve in that respective capacity in an for not more than one Congress shall be eligible for reelection to the
earlier Congress may serve as either the chairman or the ranking minority committee as chairman or ranking minority member for one additional
member of the committee during one additional Congress. Congress.
(3)(A) One-half of the members of the Committee on Standards of Official Derived from clause 6(a)(2), rule X: (2) One-half of the members of the
Conduct shall be from the majority party and one-half shall be from the Committee on Standards of Official Conduct shall be from the majority party
minority party. and one-half shall be from the minority party. No Member shall serve as a
(B) Except as permitted by subdivision (C), a member of the Committee on member of the Committee on Standards of Official Conduct for more than two
Standards of Official Conduct may not serve on the committee during more Congresses in any period of three successive Congresses (disregarding for
than two Congresses in a period of three successive Congresses this purpose any service performed as a member of such committee for less
(disregarding for this purpose any service for less than a full session in than a full session in any Congress), except that a Member having served on
a Congress). the committee for two Congresses shall be eligible for election to the
(C) A member of the Committee on Standards of Official Conduct who served committee as chairman or ranking minority member for one additional
on the committee in the two immediately previous Congresses may serve as Congress. Not less than two Members from each party shall rotate off the
either the chairman or the ranking minority member of the committee during committee at the end of each Congress.
one additional Congress.
(D) Not fewer than two members of the Committee on Standards of Official
Conduct from each party shall rotate off the committee at the end of each
Congress.
(4)(A) At the beginning of a Congress, the Speaker or his designee and the (3)(A) At the beginning of each Congress--
Minority Leader or his designee each shall name 10 Members, Delegates, or (i) the Speaker (or his designee) shall designate a list of 10 Members
the Resident Commissioner from his respective party who are not members of from the majority party; and
the Committee on Standards of Official Conduct to be available to serve on (ii) the Minority Leader (or his designee) shall designate a list of 10
investigative subcommittees of that committee during that Congress. The Members from the minority party; who are not members of the Committee on
lists of Members, Delegates, or the Resident Commissioner so named shall be Standards of Official Conduct and who may be assigned to serve as a
announced to the House. member of an investigative subcommittee of that committee during that
Congress. Members so chosen shall be announced to the House.
(B) Whenever the chairman and the ranking minority member of the Committee (B) Whenever the chairman and ranking minority member of the Committee The naming of the 10 Members from the two parties available to serve on
on Standards of Official Conduct jointly determine that Members, Delegates, on Standards of Official Conduct jointly determine that Members investigative subcommittees is unchangeable, absent unanimous consent,
or the Resident Commissioner named under subdivision (A) should be assigned designated under subdivision (A) should be assigned to serve on an after its announcement at the beginning of a Congress.
to serve on an investigative subcommittee of that committee, each of them investigative subcommittee of that committee, they shall each select the
shall select an equal number of such Members, Delegates, or Resident same number of Members of his respective party from the list to serve on
Commissioner from his respective party to serve on that subcommittee. that subcommittee.
[[Page H85]]
(b)(1) Membership on a standing committee during the course of a Congress (b)(1) Membership on standing committees during the course of a Congress When a Member ceases to be a member of a party caucus or conference, the
shall be contingent on continuing membership in the party caucus or shall be contingent on continuing membership in the party caucus or Speaker notifies the chairman of each committee on which that Member serves
conference that nominated the Member, Delegate, or Resident Commissioner conference that nominated Members for election to such committees. Should that the Member's election to that committee is automatically vacated; thus
concerned for election to such committee. Should a Member, Delegate, or a Member cease to be a member of a particular party caucus or conference, these are the ``affected'' committees.
Resident Commissioner cease to be a member of a particular party caucus or said Member shall automatically cease to be a member of a standing
conference, that Member, Delegate, or Resident Commissioner shall committee to which he was elected on the basis of nomination by that
automatically cease to be a member of each standing committee to which he caucus or conference. The chairman of the relevant party caucus or
was elected on the basis of nomination by that caucus or conference. The conference shall notify the Speaker whenever a Member ceases to be a
chairman of the relevant party caucus or conference shall notify the member of a party caucus or conference and the Speaker shall notify the
Speaker whenever a Member, Delegate, or Resident Commissioner ceases to be chairman of each standing committee on which said Member serves, that in
a member of that caucus or conference. The Speaker shall notify the accord with this rule, the Member's election to such committee is
chairman of each affected committee that the election of such Member, automatically vacated.
Delegate, or Resident Commissioner to the committee is automatically
vacated under this subparagraph.
(2)(A) Except as specified in subdivision (B), a Member, Delegate, or (2)(A) No Member, Delegate, or Resident Commissioner may serve
Resident Commissioner may not serve simultaneously as a member of more than simultaneously as a member of more than two standing committees or four
two standing committees or more than four subcommittees of the standing subcommittees of the standing committees of the House, except that ex
committees. officio service by a chairman and ranking minority member of a committee on
(B)(i) Ex officio service by a chairman or ranking minority member of a each of its subcommittees by committee rule shall not be counted against
committee on each of its subcommittees under a committee rule does not the limitation on subcommittee service. Service on an investigative
count against the limitation on subcommittee service. subcommittee of the Committee on Standards of Official Conduct pursuant to
(ii) Service on an investigative subcommittee of the Committee on paragraph (a)(3) shall not be counted against the limitation on
Standards of Official Conduct under paragraph (a)(4) does not count against subcommittee service. Any other exception to these limitations must be
the limitation on subcommittee service. approved by the House upon the recommendation of the respective party
(iii) Any other exception to the limitations in subdivision (A) must be caucus or conference.
approved by the House on the recommendation of the relevant party caucus or (B) For the purposes of this subparagraph, the term ``subcommittee''
conference. includes any panel (other than a special oversight panel of the Committee
(C) In this subparagraph the term ``subcommittee'' includes a panel (other on National Security), task force, special subcommittee, or any subunit of
than a special oversight panel of the Committee on National Security), task a standing committee that is established for a cumulative period longer
force, special subcommittee, or other subunit of a standing committee that than six months in any Congress.
is established for a cumulative period longer than six months in a
Congress.
[[Page H86]]
(c)(1) One of the members of each standing committee shall be elected by (c) One of the members of each standing committee shall be elected by the The proposed language clarifies the overlap during the absence of the
the House, on the nomination of the majority party caucus or conference, as House, from nominations submitted by the majority party caucus, at the chairman between paragraph (c) (the member next in rank shall act as
chairman thereof. In the temporary absence of the chairman, the member next commencement of each Congress, as chairman thereof. No Member may serve as chairman) and clause 2(d), rule XI (the vice chairman shall preside). The
in rank (and so on, as often as the case shall happen) shall act as the chairman of the same standing committee, or as the chairman of the same vice chairman is not necessarily the member next in rank.
chairman. Rank shall be determined by the order members are named in subcommittee thereof, for more than three consecutive Congresses, beginning
resolutions electing them to the committee. In the case of a permanent with the One Hundred Fourth Congress (disregarding for this purpose any
vacancy in the elected chairmanship of a committee, the House shall elect service for less than a full session in any Congress). In the temporary
another chairman. absence of the chairman, the member next in rank in the order named in the
(2) A member of a standing committee may not serve as chairman of the same election of the committee, and so on, as often as the case shall happen,
standing committee, or of the same subcommittee of a standing committee, shall act as chairman; and in case of a permanent vacancy in the
during more than three consecutive Congresses (disregarding for this chairmanship of any such committee the House shall elect another chairman.
purpose any service for less than a full session in a Congress).
(d)(1) Except as permitted by subparagraph (2), a committee may have not (d) No committee of the House shall have more than five subcommittees
more than five subcommittees. (except the Committee on Appropriations, which shall have no more than 13;
(2) The Committee on Appropriations may not have more than 13 the Committee on Government Reform and Oversight, which shall have no more
subcommittees. The Committee on Government Reform and Oversight may have than seven; and the Committee on Transportation and Infrastructure, which
not more than seven subcommittees. The Committee on Transportation and shall have no more than six).
Infrastructure may have not more than six subcommittees.
(e) The House shall fill a vacancy on a standing committee by election on (e) All vacancies in standing committees shall be filled by election by
the nomination of the respective party caucus or conference. the House from nominations, submitted by the respective party caucus or
conference.
Expense resolutions Derived from clause 5, rule XI: Committee Expenses
6. (a) Whenever a committee, commission, or other entity (other than the 5. (a) Whenever any committee, commission, or other entity (except the Existing clause 2(l)(6) of rule XI states the general rule that measures
Committee on Appropriations) is granted authorization for the payment of Committee on Appropriations) is to be granted authorization for the payment may not be considered until the third calendar day on which the committee
its expenses (including staff salaries) for a Congress, such authorization of its expenses (including all staff salaries) for a Congress, such report is available. A primary committee expense resolution is an exception
initially shall be procured by one primary expense resolution reported by authorization initially shall be procured by one primary expense resolution to this general rule of report availability, as it is subject to the
the Committee on House Oversight. A primary expense resolution may include reported by the Committee on House Oversight. A primary expense resolution separate one day rule stated here. In this case, a committee report must be
a reserve fund for unanticipated expenses of committees. An amount from may include a reserve fund for unanticipated expenses of committees. An available on the calendar day prior to consideration. A supplemental
such a reserve fund may be allocated to a committee only by the approval of amount from such a reserve fund may be allocated to a committee only by the expense resolution is subject to a similar availability requirement (see
the Committee on House Oversight. A primary expense resolution reported to approval of the Committee on House Oversight. A primary expense resolution proposed clause 6(b), rule X).
the House may not be considered in the House unless a printed report reported to the House shall not be considered in the House unless a printed
thereon was available on the previous calendar day. For the information of report on that resolution has been available to the Members of the House
the House, such report shall-- for at least one calendar day prior to the consideration of that resolution
in the House. Such report shall, for the information of the House--
(1) state the total amount of the funds to be provided to the committee, (1) state the total amount of the funds to be provided to the committee,
commission, or other entity under the primary expense resolution for all commission or other entity under the primary expense resolution for all
anticipated activities and programs of the committee, commission, or anticipated activities and programs of the committee, commission or other
other entity; and entity; and
[[Page H87]]
(2) to the extent practicable, contain such general statements regarding (2) to the extent practicable, contain such general statements regarding
the estimated foreseeable expenditures for the respective anticipated the estimated foreseeable expenditures for the respective anticipated
activities and programs of the committee, commission, or other entity as activities and programs of the committee, commission or other entity as
may be appropriate to provide the House with basic estimates of the may be appropriate to provide the House with basic estimates with respect
expenditures contemplated by the primary expense resolution. to the expenditure generally of the funds to be provided to the
committee, commission or other entity under the primary expense
resolution.
(b) After the date of adoption by the House of a primary expense (b) After the date of adoption by the House of any such primary expense
resolution for a committee, commission, or other entity for a Congress, resolution for any such committee, commission, or other entity for any
authorization for the payment of additional expenses (including staff Congress, authorization for the payment of additional expenses (including
salaries) in that Congress may be procured by one or more supplemental staff salaries) in that Congress may be procured by one or more
expense resolutions reported by the Committee on House Oversight, as supplemental expense resolutions reported by the Committee on House
necessary. A supplemental expense resolution reported to the House may not Oversight, as necessary. Any such supplemental expense resolution
be considered in the House unless a printed report thereon was available on reported to the House shall not be considered in the House unless a
the previous calendar day. For the information of the House, such report printed report on that resolution has been available to the Members of
shall-- the House for at least one calendar day prior to the consideration of
that resolution in the House. Such report shall, for the information of
the House--
(1) state the total amount of additional funds to be provided to the (1) state the total amount of additional funds to be provided to the
committee, commission, or other entity under the supplemental expense committee, commission or other entity under the supplemental expense
resolution and the purposes for which those additional funds are resolution and the purpose or purposes for which those additional funds
available; and are to be used by the committee, commission or other entity; and
(2) state the reasons for the failure to procure the additional funds (2) state the reason or reasons for the failure to procure the
for the committee, commission, or other entity by means of the primary additional funds for the committee, commission or other entity by means
expense resolution. of the primary expense resolution.
(c) The preceding provisions of this clause do not apply to-- (c) The preceding provisions of this clause do not apply to--
(1) a resolution providing for the payment from committee salary and (1) any resolution providing for the payment from committee salary and
expense accounts of the House of sums necessary to pay compensation for expense accounts of the House of sums necessary to pay compensation for
staff services performed for, or to pay other expenses of, a committee, staff services performed for, or to pay other expenses of, any committee,
commission, or other entity at any time after the beginning of an odd- commission or other entity at any time from and after the beginning of
numbered year and before the date of adoption by the House of the primary any odd-numbered year and before the date of adoption by the House of the
expense resolution described in paragraph (a) for that year; or primary expense resolution providing funds to pay the expenses of that
committee, commission or other entity for that Congress; or
[[Page H88]]
(2) a resolution providing each of the standing committees in a Congress (2) any resolution providing in any Congress, for all of the standing
additional office equipment, airmail and special-delivery postage stamps, committees of the House, additional office equipment, airmail and special
supplies, staff personnel, or any other specific item for the operation delivery postage stamps, supplies, staff personnel, or any other specific
of the standing committees, and containing an authorization for the item for the operation of the standing committees, and containing an
payment from committee salary and expense accounts of the House of the authorization for the payment from committee salary and expense accounts
expenses of any of the foregoing items provided by that resolution, of the House of the expenses of any of the foregoing items provided by
subject to and until enactment of the provisions of the resolution as that resolution, subject to and until enactment of the provisions of the
permanent law. resolution as permanent law.
(d) From the funds made available for the appointment of committee staff (d) From the funds made available for the appointment of committee staff
by a primary or additional expense resolution, the chairman of each pursuant to any primary or additional expense resolution, the chairman of
committee shall ensure that sufficient staff is made available to each each committee shall ensure that sufficient staff is made available to each
subcommittee to carry out its responsibilities under the rules of the subcommittee to carry out its responsibilities under the rules of the
committee and that the minority party is treated fairly in the appointment committee, and that the minority party is fairly treated in the appointment
of such staff. of such staff.
(e) Funds authorized for a committee under this clause and clauses 7 and 8
are for expenses incurred in the activities of the committee.
Interim funding
7. (a) For the period beginning at noon on January 3 and ending at Derived from clause 5(f)(1), rule XI: (f)(1) For continuance of necessary
midnight on March 31 in each odd-numbered year, such sums as may be investigations and studies by--
necessary shall be paid out of the committee salary and expense accounts of
the House for continuance of necessary investigations and studies by--
(1) each standing and select committee established by these rules; and (A) each standing committee and select committee established by these
rules; and (B) except as provided in subparagraph (2), each select
committee established by resolution;
there shall be paid out of committee salary and expense accounts of the
House such amounts as may be necessary for the period beginning at noon on
January 3 and ending at midnight on March 31 in each odd-numbered year.
(2) except as specified in paragraph (b), each select committee
established by resolution.
(b) In the case of the first session of a Congress, amounts shall be made (2) In the case of the first session of a Congress, amounts shall be made
available under this paragraph for a select committee established by available under this paragraph for a select committee established by
resolution in the preceding Congress only if-- resolution in the preceding Congress only if--
(1) a resolution proposing to reestablish such select committee is (A) a reestablishing resolution for such select committee is introduced in
introduced in the present Congress; and the present Congress; and (B) no resolution of the preceding Congress
(2) the House has not adopted a resolution of the preceding Congress provided for termination of funding of investigations and studies by such
providing for termination of funding for investigations and studies by select committee at or before the end of the preceding Congress.
such select committee.
[[Page H89]]
(c) Each committee described in paragraph (a) shall be entitled for each (3) Each committee receiving amounts under this paragraph shall be
month during the period specified in paragraph (a) to 9 percent (or such entitled, for each month in the period specified in subparagraph (1), to 9
lesser percentage as may be determined by the Committee on House Oversight) per centum (or such lesser per centum as may be determined by the Committee
of the total annualized amount made available under expense resolutions for on House Oversight) of the total annualized amount made available under
such committee in the preceding session of Congress. expense resolutions for such committee in the preceding session of
Congress.
(d) Payments under this paragraph shall be made on vouchers authorized by (4) Payments under this paragraph shall be made on vouchers authorized by
the committee involved, signed by the chairman of the committee, except as the committee involved, signed by the chairman of such committee, except as
provided in paragraph (e), and approved by the Committee on House provided in subparagraph (5), and approved by the Committee on House
Oversight. Oversight.
(e) Notwithstanding any provision of law, rule of the House, or other (5) Notwithstanding any provision of law, rule of the House, or other
authority, from noon on January 3 of the first session of a Congress until authority, from noon on January 3 of the first session of a Congress, until
the election by the House of the committee concerned in that Congress, the election by the House of the committee involved in that Congress,
payments under this paragraph shall be made on vouchers signed by-- payments under this paragraph shall be made on vouchers signed by--
(1) the member of the committee who served as chairman of the committee (A) the chairman of such committee as constituted at the close of the
at the expiration of the preceding Congress; or preceding Congress; or
(2) if the chairman is not a Member, Delegate, or Resident Commissioner (B) if such chairman is not a Member in the present Congress, the
in the present Congress, then the ranking member of the committee as it ranking majority party member of such committee as constituted at the
was constituted at the expiration of the preceding Congress who is a close of the preceding Congress who is a Member in the present Congress.
Member of the majority party in the present Congress.
(f)(1) The authority of a committee to incur expenses under this paragraph (6)(A) The authority of a committee to incur expenses under this paragraph
shall expire upon adoption by the House of a primary expense resolution for shall expire upon agreement by the House to a primary expense resolution
the committee. for such committee.
(2) Amounts made available under this paragraph shall be expended in (B) Amounts made available under this paragraph shall be expended in
accordance with regulations prescribed by the Committee on House Oversight. accordance with regulations prescribed by the Committee on House Oversight.
(3) This clause shall be effective only insofar as it is not inconsistent (C) The provisions of this paragraph shall be effective only insofar as
with a resolution reported by the Committee on House Oversight and adopted not inconsistent with any resolution, reported by the Committee on House
by the House after the adoption of these rules. Oversight and adopted after the date of adoption of these rules.
[[Page H90]]
Travel Derived from clause 2(n), rule XI: Use of committee funds for travel
8. (a) Local currencies owned by the United States shall be made available (n)(1) Funds authorized for a committee under clause 5 are for expenses
to the committee and its employees engaged in carrying out their official incurred in the committee's activities; however, local currencies owned by
duties outside the United States or its territories or possessions. the United States shall be made available to the committee and its
Appropriated funds, including those authorized under this clause and employees engaged in carrying out their official duties outside the United
clauses 6 and 8, may not be expended for the purpose of defraying expenses States, its territories or possessions. No appropriated funds, including
of members of a committee or its employees in a country where local those authorized under clause 5 shall be expended for the purpose of
currencies are available for this purpose. defraying expenses of members of the committee or its employees in any
(b) The following conditions shall apply with respect to travel outside country where local currencies are available for this purpose; and the
the United States or its territories or possessions: following conditions shall apply with respect to travel outside the United
(1) A member or employee of a committee may not receive or expend local States or its territories or possessions:
currencies for subsistence in a country for a day at a rate in excess of (A) No member or employee of the committee shall receive or expend local
the maximum per diem set forth in applicable Federal law. currencies for subsistence in any country for any day at a rate in excess
(2) A member or employee shall be reimbursed for his expenses for a day of the maximum per diem set forth in applicable Federal law, or if the
at the lesser of-- Member or employee is reimbursed for any expenses for such day, then the
(A) the per diem set forth in applicable Federal law; or lesser of the per diem or the actual, unreimbursed expenses (other than
(B) the actual, unreimbursed expenses (other than for transportation) for transportation) incurred by the Member or employee during that day.
he incurred during that day.
(3) Each member or employee of a committee shall make to the chairman of (B) Each member or employee of the committee shall make to the chairman of
the committee an itemized report showing the dates each country was the committee an itemized report showing the dates each country was
visited, the amount of per diem furnished, the cost of transportation visited, the amount of per diem furnished, the cost of transportation
furnished, and funds expended for any other official purpose and shall furnished, any funds expended for any other official purpose and shall
summarize in these categories the total foreign currencies or summarize in these categories the total foreign currencies and/or
appropriated funds expended. Each report shall be filed with the chairman appropriated funds expended. All such individual reports shall be filed
of the committee not later than 60 days following the completion of no later than sixty days following the completion of travel with the
travel for use in complying with reporting requirements in applicable chairman of the committee for use in complying with with reporting
Federal law and shall be open for public inspection. requirements in applicable Federal law and shall be open for public
inspection.
(c)(1) In carrying out the activities of a committee outside the United (2) In carrying out the committee's activities outside of the United
States in a country where local currencies are unavailable, a member or States in any country where local currencies are unavailable, a member or
employee of a committee may not receive reimbursement for expenses (other employee of the committee may not receive reimbursement for expenses (other
than for transportation) in excess of the maximum per diem set forth in than for transportation) in excess of the maximum per diem set forth in
applicable Federal law. applicable Federal law, or if the member or employee is reimbursed for any
expenses for such day, then the lesser of the per diem or the actual
unreimbursed expenses (other than for transportation) incurred, by the
member or employee during any day.
(2) A member or employee shall be reimbursed for his expenses for a day,
at the lesser of--
(A) the per diem set forth in applicable Federal law; or
[[Page H91]]
(B) the actual unreimbursed expenses (other than for transportation) he
incurred during that day.
(3) A member or employee of a committee may not receive reimbursement for (3) A member or employee of a committee may not receive reimbursement for
the cost of any transportation in connection with travel outside the United the cost of any transportation in connection with travel outside of the
States unless the member or employee actually paid for the transportation. United States unless the member or employee has actually paid for the
transportation.
(d) The restrictions respecting travel outside the United States set forth (4) The restrictions respecting travel outside of the United States set ``Lame duck'' travel prohibitions currently contained in clause 2(n)(5),
in paragraph (c) also shall apply to travel outside the United States by a forth in subparagraphs (2) and (3) shall also apply to travel outside of rule X and clause 8, rule I are consolidated in proposed rule XXV.
Member, Delegate, Resident Commissioner, officer, or employee of the House the United States by Members, officers, and employees of the House
authorized under any standing rule. authorized under clause 8 of rule I, clause 1(b) of this rule, or any other
provision of these Rules of the House of Representatives.
Committee staffs Derived from clause 6, rule XI: Committee Staffs
9. (a)(1) Subject to subparagraph (2) and paragraph (f), each standing 6. (a)(1) Subject to subparagraph (2) and paragraph (f), each standing
committee may appoint, by majority vote, not more than 30 professional committee may appoint, by majority vote of the committee, not more than
staff members to be compensated from the funds provided for the appointment thirty professional staff members from the funds provided for the
of committee staff by primary and additional expense resolutions. Each appointment of committee staff pursuant to primary and additional expense
professional staff member appointed under this subparagraph shall be resolutions. Each professional staff member appointed under this
assigned to the chairman and the ranking minority member of the committee, subparagraph shall be assigned to the chairman and the ranking minority
as the committee considers advisable. party member of such committee, as the committee considers advisable.
(2) Subject to paragraph (f) of this clause, whenever a majority of the (2) Subject to paragraph (f) of this clause, whenever a majority of the
minority party members of a standing committee (except the Committee on minority party members of a standing committee (except the Committee on
Standards of Official Conduct and the Permanent Select Committee on Standards of Official Conduct and the Permanent Select Committee on
Intelligence) so request, not more than ten persons (or one-third of the Intelligence) so request, not more than ten persons (or one-third of the
total professional committee staff appointed under this clause, whichever total professional committee staff appointed under this clause, whichever
is less) may be selected, by majority vote of the minority party members, is less) may be selected, by majority vote of the minority party members,
for appointment by the committee as professional staff members from among for appointment by the committee as professional staff members from among
the number authorized by subparagraph (1) of this paragraph. The committee the number authorized by subparagraph (1) of this paragraph. The committee
shall appoint any persons so selected whose character and qualifications shall appoint any persons so selected whose character and qualifications
are acceptable to a majority of the committee. If the committee determines are acceptable to a majority of the committee. If the committee determines
that the character and qualifications of any person so selected are that the character and qualifications of any person so selected are
unacceptable to the committee, a majority of the minority party members may unacceptable to the committee, a majority of the minority party members may
select other persons for appointment by the committee to the professional select other persons for appointment by the committee to the professional
staff until such appointment is made. Each professional staff member staff until such appointment is made. Each professional staff member
appointed under this subparagraph shall be assigned to such committee appointed under this subparagraph shall be assigned to such committee
business as the minority party members of the committee consider advisable. business as the minority party members of the committee consider advisable.
(b)(1) The professional staff members of each standing committee-- (b)(1) The professional staff members of each standing committee--
(A) may not engage in any work other than committee business during (A) may not engage in any work other than committee business during
congressional working hours; and congressional working hours; and
(B) may not be assigned a duty other than one pertaining to committee (B) may not be assigned any duties other than those pertaining to
business. committee business.
[[Page H92]]
(2) Subparagraph (1) does not apply to staff designated by a committee as (2) Subparagraph (1) does not apply to any staff designated by a committee
``associate'' or ``shared'' staff who are not paid exclusively by the as ``associate'' or ``shared'' staff who are not paid exclusively by the
committee, provided that the chairman certifies that the compensation paid committee, provided that the chairman certifies that the compensation paid
by the committee for any such staff is commensurate with the work performed by the committee for any such employee is commensurate with the work
for the committee in accordance with clause 8 of rule XXIV. performed for the committee, in accordance with the provisions of clause 8
of rule XLIII.
(3) The use of any ``associate'' or ``shared'' staff by a committee shall (3) The use of any ``associate'' or ``shared'' staff by any committee
be subject to the review of, and to any terms, conditions, or limitations shall be subject to the review of, and to any terms, conditions, or
established by, the Committee on House Oversight in connection with the limitations established by, the Committee on House Oversight in connection
reporting of any primary or additional expense resolution. with the reporting of any primary or additional expense resolution.
(4) This paragraph does not apply to the Committee on Appropriations. (4) The foregoing provisions of this clause do not apply to the Committee
on Appropriations.
(c) Each employee on the professional or investigative staff of a standing (c) Each employee on the professional and investigative staff of each
committee shall be entitled to pay at a single gross per annum rate, to be standing committee shall be entitled to pay at a single gross per annum
fixed by the chairman and that does not exceed the maximum rate of pay as rate, to be fixed by the chairman, which does not exceed the maximum rate
in effect from time to time under applicable provisions of law. of pay, as in effect from time to time, under applicable provisions of law.
(d) Subject to appropriations hereby authorized, the Committee on (d) Subject to appropriations hereby authorized, the Committee on
Appropriations may appoint by majority vote such staff as it determines to Appropriations may appoint such staff, in addition to the clerk thereof and
be necessary (in addition to the clerk of the committee and assistants for assistants for the minority, as it determines by majority vote to be
the minority). The staff appointed under this paragraph, other than necessary, such personnel, other than minority assistants, to possess such
minority assistants, shall possess such qualifications as the committee may qualifications as the committee may prescribe.
prescribe.
(e) A committee may not appoint to its staff an expert or other personnel (e) No committee shall appoint to its staff any experts or other personnel
detailed or assigned from a department or agency of the Government except detailed or assigned from any department or agency of the Government,
with the written permission of the Committee on House Oversight. except with the written permission of the Committee on House Oversight.
(f) If a request for the appointment of a minority professional staff (f) If a request for the appointment of a minority professional staff
member under paragraph (a) is made when no vacancy exists for such an member under paragraph (a) is made when no vacancy exists to which that
appointment, the committee nevertheless may appoint under paragraph (a) a appointment may be made, the committee nevertheless shall appoint, under
person selected by the minority and acceptable to the committee. A person paragraph (a), the person selected by the minority and acceptable to the
so appointed shall serve as an additional member of the professional staff committee. The person so appointed shall serve as an additional member of
of the committee until such a vacancy occurs (other than a vacancy in the the professional staff of the committee, and shall be paid from the
position of head of the professional staff, by whatever title designated), applicable accounts of the House described in clause 1(h)(1) of rule X,
at which time that person is considered as appointed to that vacancy. Such until such a vacancy (other than a vacancy in the position of head of the
a person shall be paid from the applicable accounts of the House described professional staff, by whatever title designated) occurs, at which time
in clause 1(h)(1) of rule X. If such a vacancy occurs on the professional that person shall be deemed to have been appointed to that vacancy. If such
staff when seven or more persons have been so appointed who are eligible to vacancy occurs on the professional staff when seven or more persons have
fill that vacancy, a majority of the minority party members shall designate been so appointed who are eligible to fill that vacancy, a majority of the
which of those persons shall fill the vacancy. minority party members shall designate which of those persons shall fill
that vacancy.
[[Page H93]]
(g) Each staff member appointed pursuant to a request by minority party (g) Each staff member appointed pursuant to a request by minority party
members under paragraph (a), and each staff member appointed to assist members under paragraph (a) of this clause, and each staff member appointed
minority members of a committee pursuant to an expense resolution described to assist minority party members of a committee pursuant to an expense
in paragraph (a) of clause 6, shall be accorded equitable treatment with resolution described in paragraph (a) of clause 5, shall be accorded
respect to the fixing of the rate of pay, the assignment of work equitable treatment with respect to the fixing of his or her rate of pay,
facilities, and the accessibility of committee records. the assignment to him or her of work facilities, and the accessibility to
him or her of committee records.
(h) Paragraph (a) may not be construed to authorize the appointment of (h) Paragraph (a) shall not be construed to authorize the appointment of
additional professional staff members of a committee pursuant to a request additional professional staff members of a committee pursuant to a request
under paragraph (a) by the minority party members of that committee if 10 under such paragraph by the minority party members of that committee if ten
or more professional staff members provided for in paragraph (a)(1) who are or more professional staff members provided for in paragraph (a)(1) who are
satisfactory to a majority of the minority party members are otherwise satisfactory to a majority of the minority party members, are otherwise
assigned to assist the minority party members. assigned to assist the minority party members.
(i) Notwithstanding paragraph (a)(2), a committee may employ nonpartisan (i) Notwithstanding paragraph (a)(2), a committee may employ nonpartisan
staff, in lieu of or in addition to committee staff designated exclusively staff, in lieu of or in addition to committee staff designated exclusively
for the majority or minority party, by an affirmative vote of a majority of for the majority or minority party, upon an affirmative vote of a majority
the members of the majority party and of a majority of the members of the of the members of the majority party and a majority of the members of the
minority party. minority party.
Select and joint committees Derived from clause 6(g), rule X:
10. (a) Membership on a select or joint committee appointed by the Speaker (g) Membership on select and joint committees during the course of a
under clause 11 of rule I during the course of a Congress shall be Congress shall be contingent on continuing membership in the party caucus
contingent on continuing membership in the party caucus or conference of or conference the Member was a member of at the time of his appointment to
which the Member, Delegate, or Resident Commissioner concerned was a member a select or joint committee. Should a Member cease to be a member of that
at the time of appointment. Should a Member, Delegate, or Resident caucus or conference, said Member shall automatically cease to be a member
Commissioner cease to be a member of that caucus or conference, that of any select or joint committee to which he is assigned. The chairman of
Member, Delegate, or Resident Commissioner shall automatically cease to be the relevant party caucus or conference shall notify the Speaker whenever a
a member of any select or joint committee to which he is assigned. The Member ceases to be a member of a party caucus or conference and the
chairman of the relevant party caucus or conference shall notify the Speaker shall notify the chairman of each select or joint committee on
Speaker whenever a Member, Delegate, or Resident Commissioner ceases to be which said Member serves, that in accord with this rule, the Member's
a member of a party caucus or conference. The Speaker shall notify the appointment to such committee is automatically vacated.
chairman of each affected select or joint committee that the appointment of
such Member, Delegate, or Resident Commissioner to the select or joint
committee is automatically vacated under this paragraph.
(b) Each select or joint committee, other than a committee of conference, Derived from clause 2(a), rule XI: . . . Each select or joint committee Exception for conference committees (which are select committees) is added
shall comply with clause 2(a) of rule XI unless specifically exempted by shall comply with the provisions of this paragraph unless specifically for clarification.
law. prohibited by law.
Derived from rule XLVIII: RULE XLVIII
[[Page H94]]
Permanent Select Committee on Intelligence Permanent Select Committee on Intelligence
11. (a)(1) There is established a Permanent Select Committee on 1. (a) There is hereby established a permanent select committee to be While the Permanent Select Committee on Intelligence is the only active
Intelligence (hereafter in this clause referred to as the ``select known as the Permanent Select Committee on Intelligence (hereinafter in select committee established in the standing rules, other select committees
committee''). The select committee shall be composed of not more than 16 this rule referred to as the ``select committee''). The select committee (Aging, for example) have been so constituted in the past. Any future
Members, Delegates, or the Resident Commissioner, of whom not more than shall be composed of not more than sixteen Members, of whom not more than select committee carried in the standing rules could also be added to rule
nine may be from the same party. The select committee shall include at nine may be from the same party. The select committee shall include at X.
least one Member, Delegate, or the Resident Commissioner from each of the least one Member from:
following committees:
(A) the Committee on Appropriations; (1) the Committee on Appropriations;
(B) the Committee on National Security; (2) the Committee on National Security;
(C) the Committee on International Relations; and (3) the Committee on International Relations; and
(D) the Committee on the Judiciary. (4) the Committee on the Judiciary.
(2) The Speaker and the Minority Leader shall be ex officio members of the (b)(1) The Speaker of the House and the Minority Leader of the House shall
select committee but shall have no vote in the select committee and may not be ex officio members of the select committee, but shall have no vote in
be counted for purposes of determining a quorum thereof. the select committee and shall not be counted for purposes of determining a
quorum.
(3) The Speaker and Minority Leader each may designate a member of his (2) The Speaker and Minority Leader each may designate a member of their
leadership staff to assist him in his capacity as ex officio member, with leadership staff to assist them in their capacity as ex officio members,
the same access to committee meetings, hearings, briefings, and materials with the same access to committee meetings, hearings, briefings, and
as employees of the select committee and subject to the same security materials as if employees of the select committee, and subject to the same
clearance and confidentiality requirements as employees of the select security clearance and confidentiality requirements as employees of the
committee under this clause. select committee under this rule.
(4)(A) Except as permitted by subdivision (B), a Member, Delegate, or (c) No Member of the House other than the Speaker or the Minority Leader
Resident Commissioner, other than the Speaker or the Minority Leader, may may serve on the select committee during more than four Congresses in any
not serve as a member of the select committee during more than four period of six successive Congresses (disregarding for this purpose any
Congresses in a period of six successive Congresses (disregarding for this service for less than a full session in any Congress), except the incumbent
purpose any service for less than a full session in a Congress). chairman or the ranking minority member having served on the select
committee for four Congresses and having served as chairman or ranking
minority member for not more than one Congress shall be eligible for
reappointment to the select committee as chairman or ranking minority
member for one additional Congress.
(B) A member of the select committee who served as either the chairman or
the ranking minority member of the select committee in the immediately
previous Congress and who did not serve in that respective capacity in an
earlier Congress may serve as either the chairman or the ranking minority
member of the select committee during one additional Congress.
(b)(1) There shall be referred to the select committee proposed 2. (a) There shall be referred to the select committee all proposed
legislation, messages, petitions, memorials, and other matters relating to legislation, messages, petitions, memorials, and other matters relating to
the following: the following:
[[Page H95]]
(A) The Central Intelligence Agency, the Director of Central (1) The Central Intelligence Agency, the Director of Central
Intelligence, and the National Foreign Intelligence Program as defined in Intelligence, and the National Foreign Intelligence Program as defined in
section 3(6) of the National Security Act of 1947. section 3(6) of the National Security Act of 1947.
(B) Intelligence and intelligence-related activities of all other (2) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including the tactical departments and agencies of the Government, including (but not limited
intelligence and intelligence-related activities of the Department of to) the tactical intelligence and intelligence-related activities of the
Defense. Department of Defense.
(C) The organization or reorganization of a department or agency of the (3) The organization or reorganization of any department or agency of
Government to the extent that the organization or reorganization relates the Government to the extent that the organization or reorganization
to a function or activity involving intelligence or intelligence-related relates to a function or activity involving intelligence or intelligence-
activities. related activities.
(D) Authorizations for appropriations, both direct and indirect, for the (4) Authorizations for appropriations, both direct and indirect, for the
following: following:
(i) The Central Intelligence Agency, Director of Central Intelligence, (A) The Central Intelligence Agency, Director of Central Intelligence,
and the National Foreign Intelligence Program as defined in section and the National Foreign Intelligence Program as defined in section 3(6)
3(6) of the National Security Act of 1947. of the National Security Act of 1947.
(ii) Intelligence and intelligence-related activities of all other (B) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including the tactical departments and agencies of the Government, including (but not limited
intelligence and intelligence-related activities of the Department of to) the tactical intelligence and intelligence-related activities of the
Defense. Department of Defense.
(iii) A department, agency, subdivision, or program that is a (C) Any department, agency, or subdivision, or program that is a
successor to an agency or program named or referred to in (i) or (ii). successor to any agency or program named or referred to in subdivision
(A) or (B).
(2) Proposed legislation initially reported by the select committee (other (b) Any proposed legislation initially reported by the select committee,
than provisions solely involving matters specified in subparagraph (1)(A) except any legislation involving matters specified in subparagraph (1) or
or subparagraph (1)(D)(i)) containing any matter otherwise within the (4)(A) of paragraph (a), containing any matter otherwise within the
jurisdiction of a standing committee shall be referred by the Speaker to jurisdiction of any standing committee shall, at the request of the
that standing committee. Proposed legislation initially reported by another chairman of such standing committee, be referred to such standing committee
committee that contains matter within the jurisdiction of the select by the Speaker for its consideration of such matter and be reported to the
committee shall be referred by the Speaker to the select committee if House by such standing committee within the time prescribed by the Speaker
requested by the chairman of the select committee. in the referral; and any proposed legislation initially reported by any
committee, other than the select committee, which contains any matter
within the jurisdiction of the select committee shall, at the request of
the chairman of the select committee, be referred by the Speaker to the
select committee for its consideration of such matter and be reported to
the House within the time prescribed by the Speaker in the referral.
(3) Nothing in this clause shall be construed as prohibiting or otherwise (c) Nothing in this rule shall be construed as prohibiting or otherwise
restricting the authority of any other committee to study and review an restricting the authority of any other committee to study and review any
intelligence or intelligence-related activity to the extent that such intelligence or intelligence-related activity to the extent that such
activity directly affects a matter otherwise within the jurisdiction of activity directly affects a matter otherwise within the jurisdiction of
that committee. such committee.
[[Page H96]]
(4) Nothing in this clause shall be construed as amending, limiting, or (d) Nothing in this rule shall be construed as amending, limiting, or
otherwise changing the authority of a standing committee to obtain full and otherwise changing the authority of any standing committee of the House to
prompt access to the product of the intelligence and intelligence-related obtain full and prompt access to the product of the intelligence and
activities of a department or agency of the Government relevant to a matter intelligence-related activities of any department or agency of the
otherwise within the jurisdiction of that committee. Government relevant to a matter otherwise within the jurisdiction of such
committee.
(c)(1) For purposes of accountability to the House, the select committee 3. (a) The select committee, for purposes of accountability to the House,
shall make regular and periodic reports to the House on the nature and shall make regular and periodic reports to the House on the nature and
extent of the intelligence and intelligence-related activities of the extent of the intelligence and intelligence-related activities of the
various departments and agencies of the United States. The select committee various departments and agencies of the United States. Such committee shall
shall promptly call to the attention of the House, or to any other promptly call to the attention of the House or to any other appropriate
appropriate committee, a matter requiring the attention of the House or committee of the House any matters requiring the attention of the House or
another committee. In making such report, the select committee shall such other committee or committees. In making such reports, the select
proceed in a manner consistent with paragraph (g) to protect national committee shall proceed in a manner consistent with clause 7 to protect
security. national security.
(2) The select committee shall obtain annual reports from the Director of (b) The select committee shall obtain an annual report from the Director
the Central Intelligence Agency, the Secretary of Defense, the Secretary of of the Central Intelligence Agency, the Secretary of Defense, the Secretary
State, and the Director of the Federal Bureau of Investigation. Such of State, and the Director of the Federal Bureau of Investigation. Such
reports shall review the intelligence and intelligence-related activities reports shall review the intelligence and intelligence-related activities
of the agency or department concerned and the intelligence and intelligence- of the agency or department concerned and the intelligence and intelligence-
related activities of foreign countries directed at the United States or related activities of foreign countries directed at the United States or
its interests. An unclassified version of each report may be made available its interest. An unclassified version of each report may be made available
to the public at the discretion of the select committee. Nothing herein to the public at the discretion of the select committee. Nothing herein
shall be construed as requiring the public disclosure in such reports of shall be construed as requiring the public disclosure in such reports of
the names of persons engaged in intelligence or intelligence-related the names of individuals engaged in intelligence or intelligence-related
activities for the United States or the divulging of intelligence methods activities for the United States or the divulging of intelligence methods
employed or the sources of information on which the reports are based or employed or the sources of information on which such reports are based or
the amount of funds authorized to be appropriated for intelligence and the amount of funds authorized to be appropriated for intelligence and
intelligence-related activities. intelligence-related activities.
(3) Within six weeks after the President submits a budget under section (c) Within 6 weeks after the President submits a budget under section
1105(a) of title 31, United States Code, the select committee shall submit 1105(a) of title 31, United States Code, the select committee shall submit
to the Committee on the Budget the views and estimates described in section to the Committee on the Budget the views and estimates described in section
301(d) of the Congressional Budget Act of 1974 regarding matters within the 301(d) of the Congressional Budget Act of 1974 regarding matters within the
jurisdiction of the select committee. jurisdiction of the select committee.
[[Page H97]]
(d)(1) Except as specified in subparagraph (2), clauses 6(a), (b), and (c) 4. To the extent not inconsistent with the provisions of this rule, the
and 8(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of rule XI provisions of clauses 1, 2, 3, and 5 (a), (b), (c), and 6 (a), (b), (c) of
shall apply to the select committee to the extent not inconsistent with rule XI shall apply to the select committee, except that, notwithstanding
this clause. the requirements of the first sentence of clause 2(g)(2) of rule XI, a
(2) Notwithstanding the requirements of the first sentence of clause majority of those present, there being in attendance the requisite number
2(g)(2) of rule XI, in the presence of the number of members required under required under the rules of the select committee to be present for the
the rules of the select committee for the purpose of taking testimony or purpose of taking testimony or receiving evidence, may vote to close a
receiving evidence, the select committee may vote to close a hearing hearing whenever a majority of those present determines that such testimony
whenever a majority of those present determines that the testimony or or evidence would endanger the national security.
evidence would endanger the national security.
(e) An employee of the select committee, or a person engaged by contract 5. No employee of the select committee or any person engaged by contract
or otherwise to perform services for or at the request of the select or otherwise to perform services for or at the request of such committee
committee, may not be given access to any classified information by the shall be given access to any classified information by such committee
select committee unless such employee or person has-- unless such employee or person has--
(1) agreed in writing and under oath to be bound by the Rules of the (1) agreed in writing and under oath to be bound by the rules of the House
House, including the jurisdiction of the Committee on Standards of (including the jurisdiction of the Committee on Standards of Official
Official Conduct and of the select committee concerning the security of Conduct and of the select committee as to the security of such information
classified information during and after the period of his employment or during and after the period of his employment or contractual agreement with
contractual agreement with the select committee; and such committee); and
(2) received an appropriate security clearance, as determined by the (2) received an appropriate security clearance as determined by such
select committee in consultation with the Director of Central committee, in consultation with the Director of Central Intelligence. The
Intelligence, that is commensurate with the sensitivity of the classified type of security clearance to be required in the case of any such employee
information to which such employee or person will be given access by the or person shall, within the determination of such committee in consultation
select committee. with the Director of Central Intelligence, be commensurate with the
sensitivity of the classified information to which such employee or person
will be given access by such committee.
(f) The select committee shall formulate and carry out such rules and 6. The select committee shall formulate and carry out such rules and
procedures as it considers necessary to prevent the disclosure, without the procedures as it deems necessary to prevent the disclosure, without the
consent of each person concerned, of information in the possession of the consent of the person or persons concerned, of information in the
select committee that unduly infringes on the privacy or that violates the possession of such committee which unduly infringes upon the privacy or
constitutional rights of such person. Nothing herein shall be construed to which violates the constitutional rights of such person or persons. Nothing
prevent the select committee from publicly disclosing classified herein shall be construed to prevent such committee from publicly
information in a case in which it determines that national interest in the disclosing any such information in any case in which such committee
disclosure of classified information clearly outweighs any infringement on determines that national interest in the disclosure of such information
the privacy of a person. clearly outweighs any infringement on the privacy of any person or persons.
[[Page H98]]
(g)(1) The select committee may disclose publicly any information in its 7. (a) The select committee may, subject to the provisions of this clause,
possession after a determination by the select committee that the public disclose publicly any information in the possession of such committee after
interest would be served by such disclosure. With respect to the disclosure a determination by such committee that the public interest would be served
of information for which this paragraph requires action by the select by such disclosure. Whenever committee action is required to disclose any
committee-- information under this clause, the committee shall meet to vote on the
(A) the select committee shall meet to vote on the matter within five matter within five days after any member of the committee requests such a
days after a member of the select committee requests a vote; and vote. No member of the select committee shall disclose any information, the
(B) a member of the select committee may not make such a disclosure disclosure of which requires a committee vote, prior to a vote by the
before a vote by the select committee on the matter, or after a vote by committee on the question of the disclosure of such information or after
the select committee on the matter except in accordance with this such vote except in accordance with this clause.
paragraph.
(2)(A) In a case in which the select committee votes to disclose publicly (b)(1) In any case in which the select committee votes to disclose
any information that has been classified under established security publicly any information that has been classified under established
procedures, that has been submitted to it by the executive branch, and that security procedures, which has been submitted to it by the executive
the executive branch requests be kept secret, the select committee shall branch, and which the executive branch requests be kept secret, the select
notify the President of such vote. committee shall notify the President of such vote.
(B) The select committee may disclose publicly such information after the (2) The select committee may disclose publicly such information after the
expiration of a five-day period following the day on which notice of the expiration of a five-day period following the day on which notice of such
vote to disclose is transmitted to the President unless, before the vote is transmitted to the President unless, prior to the expiration of
expiration of the five-day period, the President, personally in writing, such five-day period, the President, personally in writing, notifies the
notifies the select committee that he objects to the disclosure of such select committee that he objects to the disclosure of such information,
information, provides his reasons therefor, and certifies that the threat provides his reasons therefor, and certifies that the threat to the
to the national interest of the United States posed by the disclosure is of national interest of the United States posed by such disclosure is of such
such gravity that it outweighs any public interest in the disclosure. gravity that it outweighs any public interest in the disclosure.
(C) If the President, personally in writing, notifies the select committee (3) If the President, personally, in writing, notifies the select
of his objections to the disclosure of information as provided in committee of his objections to the disclosure of such information as
subdivision (B), the select committee may, by majority vote, refer the provided in subparagraph (2), such committee may, by majority vote, refer
question of the disclosure of such information, with a recommendation the question of this disclosure of such information with a recommendation
thereon, to the House. The select committee may not publicly disclose such thereon to the House for consideration. The select committee shall not
information without leave of the House. publicly disclose such information without leave of the House.
(D) Whenever the select committee votes to refer the question of (4) Whenever the select committee votes to refer the question of
disclosure of any information to the House under subdivision (C), the disclosure of any information to the House under subparagraph (3), the
chairman shall, not later than the first day on which the House is in chairman shall, not later than the first day on which the House is in
session following the day on which the vote occurs, report the matter to session following the day on which the vote occurs, report the matter to
the House for its consideration. the House for its consideration.
[[Page H99]]
(E) If the chairman of the select committee does not offer in the House a (5) If within four calendar days on which the House is in session, after
motion to consider in closed session a matter reported under subdivision such recommendation is reported, no motion has been made by the chairman of
(D) within four calendar days on which the House is in session after the the select committee to consider, in closed session, the matter reported
recommendation described in subdivision (C) is reported, then such a motion under subparagraph (4), then such a motion shall be deemed privileged and
shall be privileged when offered by a Member, Delegate, or Resident may be made by any Member. The motion under this subparagraph shall not be
Commissioner. In either case such a motion shall be decided without debate subject to debate or amendment. When made, it shall be decided without
or intervening motion except one that the House adjourn. intervening motion except one motion to adjourn.
(F) Upon adoption by the House of a motion to resolve into closed session (6) If the House adopts a motion to resolve into closed session, the
as described in subdivision (E), the Speaker may declare a recess subject Speaker shall then be authorized to declare a recess subject to the call of
to the call of the Chair. At the expiration of the recess, the pending the Chair. At the expiration of such recess, the pending question, in
question, in closed session, shall be, ``Shall the House approve the closed session, shall be, ``Shall the House approve the recommendation of
recommendation of the select committee?''. the select committee?''.
(G) Debate on the question described in subdivision (F) shall be limited (7) After not more than two hours of debate on the motion, such debate to The phrase ``or their designees'' in existing subparagraph (7) is
to two hours equally divided and controlled by the chairman and ranking be equally divided and controlled by the chairman and ranking minority unnecessary since the House has always permitted a chairman and ranking
minority member of the select committee. After such debate the previous member of the select committee, or their designees, the previous question minority member controlling debate time under circumstances like that of
question shall be considered as ordered on the question of approving the shall be considered as ordered and the House, without intervening motion proposed subdivision (G) to designate another committee member to control
recommendation without intervening motion except one motion that the House except one motion to adjourn, shall immediately vote on the question, in that time in their stead. Most special order of business resolutions from
adjourn. The House shall vote on the question in open session but without open session, but without divulging the information with respect to which the Rules Committee regarding general debate in the Committee of the Whole
divulging the information with respect to which the vote is taken. If the the vote is being taken. If the recommendation of the select committee is are stated in a similar fashion, and unanimous consent is not required to
recommendation of the select committee is not approved, then the question not agreed to, the question shall be deemed recommitted to the select designate another committee member to control time.
is considered as recommitted to the select committee for further committee for further recommendation.
recommendation.
(3)(A) Information in the possession of the select committee relating to (c)(1) No information in the possession of the select committee relating
the lawful intelligence or intelligence-related activities of a department to the lawful intelligence or intelligence-related activities of any
or agency of the United States that has been classified under established department or agency of the United States which has been classified under
security procedures, and that the select committee has determined should established security procedures and which the select committee, pursuant to
not be disclosed under subparagraph (1) or (2), may not be made available paragraphs (a) or (b) of this clause, has determined should not be
to any person by a Member, Delegate, Resident Commissioner, officer, or disclosed shall be made available to any person by a Member, officer, or
employee of the House except as provided in subdivision (B). employee of the House except as provided in subparagraphs (2) and (3).
(B) The select committee shall, under such regulations as it may (2) The select committee shall, under such regulations as the committee
prescribe, make information described in subdivision (A) available to a shall prescribe, make any information described in subparagraph (1)
committee or a Member, Delegate, or Resident Commissioner, and permit a available to any other committee or any other Member of the House, and
Member, Delegate, or Resident Commissioner to attend a hearing of the permit any other Member of the House to attend any hearing of the select
select committee that is closed to the public. Whenever the select committee that is closed to the public. Whenever the select committee makes
committee makes such information available, it shall keep a written record such information available (other than to the Speaker), the committee shall
showing, in the case of particular information, which committee or which keep a written record showing, in the case of any particular information,
Member, Delegate, or Resident Commissioner received the information. A which committee or which Members of the House received such information. No
Member, Delegate, or Resident Commissioner who, and a committee that, Member of the House who, and no committee which, receives any information
receives information under this subdivision may not disclose the under this subparagraph, shall disclose such information except in a closed
information except in a closed session of the House. session of the House.
[[Page H100]]
(4) The Committee on Standards of Official Conduct shall investigate any (d) The Committee on Standards of Official Conduct shall investigate any
unauthorized disclosure of intelligence or intelligence-related information unauthorized disclosure of intelligence or intelligence-related information
by a Member, Delegate, Resident Commissioner, officer, or employee of the by a Member, officer, or employee of the House in violation of paragraph
House in violation of subparagraph (3) and report to the House concerning (c) and report to the House concerning any allegation which it finds to be
any allegation that it finds to be substantiated. substantiated.
(5) Upon the request of a person who is subject to an investigation (e) Upon the request of any person who is subject to any such
described in subparagraph (4), the Committee on Standards of Official investigation, the Committee on Standards of Official Conduct shall release
Conduct shall release to such person at the conclusion of its investigation to such individual at the conclusion of its investigation a summary of its
a summary of its investigation, together with its findings. If, at the investigation, together with its findings. If, at the conclusion of its
conclusion of its investigation, the Committee on Standards of Official investigation, the Committee on Standards of Official Conduct determines
Conduct determines that there has been a significant breach of that there has been a significant breach of confidentiality or unauthorized
confidentiality or unauthorized disclosure by a Member, Delegate, Resident disclosure by a Member, officer, or employee of the House, it shall report
Commissioner, officer, or employee of the House, it shall report its its findings to the House and recommend appropriate action such as censure,
findings to the House and recommend appropriate action. Recommendations may removal from committee membership, or expulsion from the House, in the case
include censure, removal from committee membership, or expulsion from the of a Member, or removal from office or employment or punishment for
House, in the case of a Member, or removal from office or employment or contempt, in the case of an officer or employee.
punishment for contempt, in the case of an officer or employee.
(h) The select committee may permit a personal representative of the 8. The select committee is authorized to permit any personal
President, designated by the President to serve as a liaison to the select representative of the President, designated by the President to serve as a
committee, to attend any closed meeting of the select committee. liaison to the select committee, to attend any closed meeting of the such
committee.
(i) Subject to the Rules of the House, funds may not be appropriated for a 9. Subject to the rules of the House, no funds shall be appropriated for
fiscal year, with the exception of a bill or joint resolution continuing any fiscal year, with the exception of a continuing bill or resolution
appropriations, or an amendment thereto, or a conference report thereon, continuing appropriations, or an amendment thereto, or conference report
to, or for use of, a department or agency of the United States to carry out thereon, to, or for use of, any department or agency of the United States
any of the following activities, unless the funds shall previously have to carry out any of the following activities, unless such funds shall
been authorized by a bill or joint resolution passed by the House during previously have been authorized by a bill or joint resolution passed by the
the same or preceding fiscal year to carry out such activity for such House during the same or preceding fiscal year to carry out such activity
fiscal year: for such fiscal year:
(1) The activities of the Central Intelligence Agency and the Director (a) The activities of the Central Intelligence Agency and the Director
of Central Intelligence. of Central Intelligence.
(2) The activities of the Defense Intelligence Agency. (b) The activities of the Defense Intelligence Agency.
(3) The activities of the National Security Agency. (c) The activities of the National Security Agency.
(4) The intelligence and intelligence-related activities of other (d) The intelligence and intelligence-related activities of other
agencies and subdivisions of the Department of Defense. agencies and subdivisions of the Department of Defense.
(5) The intelligence and intelligence-related activities of the (e) The intelligence and intelligence-related activities of the
Department of State. Department of State.
(6) The intelligence and intelligence-related activities of the Federal (f) The intelligence and intelligence-related activities of the Federal
Bureau of Investigation, including all activities of the Intelligence Bureau of Investigation, including all activities of the Intelligence
Division. Division.
[[Page H101]]
(j)(1) In this clause the term ``intelligence and intelligence-related 10. (a) As used in this rule, the term ``intelligence and intelligence-
activities'' includes-- related activities'' includes--
(A) the collection, analysis, production, dissemination, or use of (1) the collection, analysis, production, dissemination, or use of
information that relates to a foreign country, or a government, political information which relates to any foreign country, or any government,
group, party, military force, movement, or other association in a foreign political group, party, military force, movement, or other association in a
country, and that relates to the defense, foreign policy, national foreign country, and which relates to the defense, foreign policy, national
security, or related policies of the United States and other activity in security, or related policies of the United States, and other activity in
support of the collection, analysis, production, dissemination, or use of support of such activities; (2) activities taken to counter similar
such information; activities directed against the United States; (3) covert or clandestine
(B) activities taken to counter similar activities directed against the activities affecting the relations of the United States with any foreign
United States; government, political group, party, military force, movement, or other
(C) covert or clandestine activities affecting the relations of the association; (4) the collection, analysis, production, dissemination, or
United States with a foreign government, political group, party, military use of information about activities of persons within the United States,
force, movement, or other association; its territories and possessions, or nationals of the United States abroad
(D) the collection, analysis, production, dissemination, or use of whose political and related activities pose, or may be considered by any
information about activities of persons within the United States, its department, agency, bureau, office, division, instrumentality, or employee
territories and possessions, or nationals of the United States abroad of the United States to pose, a threat to the internal security of the
whose political and related activities pose, or may be considered by a United States, and covert or clandestine activities directed against such
department, agency, bureau, office, division, instrumentality, or persons.
employee of the United States to pose, a threat to the internal security
of the United States; and
(E) covert or clandestine activities directed against persons described
in subdivision (D).
(2) In this clause the term ``department or agency'' includes any (b) As used in this rule, the term ``department or agency'' includes any
organization, committee, council, establishment, or office within the organization, committee, council, establishment, or office within the
Federal Government. Federal Government.
(3) For purposes of this clause, reference to a department, agency, (c) For purposes of this rule, reference to any department, agency,
bureau, or subdivision shall include a reference to any successor bureau, or subdivision shall include a reference to any successor
department, agency, bureau, or subdivision to the extent that a successor department, agency, bureau, or subdivision to the extent that such
engages in intelligence or intelligence-related activities now conducted by successor engages in intelligence or intelligence-related activities now
the department, agency, bureau, or subdivision referred to in this clause. conducted by the department, agency, bureau, or subdivision referred to in
this rule.
(k) Clause 12(a) of rule XXII does not apply to meetings of a conference 11. Clause 6(a) of rule XXVIII does not apply to meetings of a committee
committee respecting legislation (or any part thereof) reported by the of conference respecting legislation (or any part thereof) reported by the
Permanent Select Committee on Intelligence. Permanent Select Committee on Intelligence.
RULE XI. RULE XI
PROCEDURES OF COMMITTEES AND UNFINISHED BUSINESS. RULES OF PROCEDURE FOR COMMITTEES
[[Page H102]]
In general In General
1. (a)(1)(A) Except as provided in subdivision (B), the Rules of the House 1. (a)(1) The Rules of the House are the rules of its committees and Proposed rule XI remains dedicated to issues of committee procedure and
are the rules of its committees and subcommittees so far as applicable. subcommittees so far as applicable, except that a motion to recess from day retains all current provisions of clauses 1 and 2, through the point of
to day, and a motion to dispense with the first reading (in full) of a bill ordering a measure reported from full committee and the filing of views.
or resolution, if printed copies are available, are nondebatable motions of Reporting requirements applicable to all committees have been transferred
high privilege in committees and subcommittees. to rule XIII. Current clause 4 on privileged reports has been transferred
to rule XIII to become a new clause 5, and provisions relating to
consideration of reports from the Committee on Rules (clauses 4(b), (c) and
(e) of rule XI have become clause 6 of rule XIII. Rule XI includes
procedural matters relating to the Committee on Standards of Official
Conduct as a new clause 3, transferred from clause 4 of rule X. The
provisions on broadcasting of committee proceedings are renumbered as
clause 4 (from current clause 3) with a modernized heading. The current
rule XXXV on pay of witnesses is transferred to a new clause 5 of rule XI,
since this is more appropriate as a committee procedural issue. The current
rule XXVI on unfinished business of the session is transferred to a new
clause 6 of rule XI since bearing some relevance to committee business (but
also making explicit reference to House business) and to provide for a new
rule XXV on use of official accounts.
(B) A motion to recess from day to day, and a motion to dispense with the
first reading (in full) of a bill or resolution, if printed copies are
available, each shall be privileged in committees and subcommittees and
shall be decided without debate.
(2) Each subcommittee is a part of its committee and is subject to the (2) Each subcommittee of a committee is a part of that committee, and is
authority and direction of that committee and to its rules, so far as subject to the authority and direction of that committee and to its rules
applicable. so far as applicable.
[[Page H103]]
(b)(1) Each committee may conduct at any time such investigations and (b)(1) Each committee is authorized at any time to conduct such The recodification does not alter the existing relationship between a
studies as it considers necessary or appropriate in the exercise of its investigations and studies as it may consider necessary or appropriate in committee and its subcommittees. Under clause 1(a)(2), rule XI, the Rules
responsibilities under rule X. Subject to the adoption of expense the exercise of its responsibilities under rule X, and (subject to the of the House, including rule XI, remain generally applicable to
resolutions as required by clause 6 of rule X, each committee may incur adoption of expense resolutions as required by clause 5) to incur expenses subcommittees (except where considered inapplicable under current
expenses, including travel expenses, in connection with such investigations (including travel expenses) in connection therewith. interpretations). Also, each subcommittee of a committee is a part of that
and studies. committee and subject to its authority, direction and rules (proposed
clause 1(a)(2), rule XI). On the other hand, certain authorities remain
specifically granted to committees and subcommittees, such as authorizing
and issuing subpoenas (proposed, rule XI). Current interpretations as to
the applicability to subcommittees clause 2(m) are not to be changed or
modified merely by the lack of inclusion of ``subcommittee'' in each
clause. These interpretations of the applicability of House rules to
subcommittee proceedings include: paragraph (c) provides that subcommittee
chairs or three members of a subcommittee can call special meetings;
paragraph (e) includes subcommittee files; paragraph (g)(3) is applicable
to the announcement of hearing dates of subcommittees; paragraph (g)(4)
applies the requirement for written statements of proposed testimony to
subcommittees; paragraph (h)(3) allows subcommittees to have a one-third
member working quorum if permitted by full committee rules; paragraph (i)
prevents subcommittees from meeting during joint sessions and meetings;
paragraph (j) applies the interrogation of witnesses rule to subcommittees;
and paragraph (k) applies investigative hearing procedures to
subcommittees.
(2) A proposed investigative or oversight report shall be considered as (2) A proposed investigative or oversight report shall be considered as
read in committee if it has been available to the members for at least 24 read in committee if it has been available to the members for at least 24
hours (excluding Saturdays, Sundays, or legal holidays except when the hours (excluding Saturdays, Sundays, or legal holidays except when the
House is in session on such a day). House is in session on such a day).
(3) A report of an investigation or study conducted jointly by more than (3) A report of an investigation or study conducted jointly by more than
one committee may be filed jointly, provided that each of the committees one committee may be filed jointly, provided that each of the committees
complies independently with all requirements for approval and filing of the complies independently with all requirements for approval and filing of the
report. report.
(4) After an adjournment sine die of the last regular session of a (4) After an adjournment of the last regular session of a Congress sine
Congress, an investigative or oversight report may be filed with the Clerk die, an investigative or oversight report may be filed with the Clerk at
at any time, provided that a member who gives timely notice of intention to any time, provided that if a member gives timely notice of intention to
file supplemental, minority, or additional views shall be entitled to not file supplemental, minority, or additional views, that member shall be
less than seven calendar days in which to submit such views for inclusion entitled to not less than seven calendar days in which to submit such views
in the report. for inclusion with the report.
(c) Each committee may have printed and bound such testimony and other (c) Each committee is authorized to have printed and bound testimony and
data as may be presented at hearings held by the committee or its other data presented at hearings held by the committee. All costs of
subcommittees. All costs of stenographic services and transcripts in stenographic services and transcripts in connection with any meeting or
connection with a meeting or hearing of a committee shall be paid from the hearing of a committee shall be paid from the applicable accounts of the
applicable accounts of the House described in clause 1(h)(1) of rule X. House described in clause 1(h)(1) of rule X.
[[Page H104]]
(d)(1) Each committee shall submit to the House not later than January 2 (d)(1) Each committee shall submit to the House not later than January 2
of each odd-numbered year a report on the activities of that committee of each odd-numbered year, a report on the activities of that committee
under this rule and rule X during the Congress ending at noon on January 3 under this rule and rule X during the Congress ending on January 3 of such
of such year. year.
(2) Such report shall include separate sections summarizing the (2) Such report shall include separate sections summarizing the
legislative and oversight activities of that committee during that legislative and oversight activities of that committee during that
Congress. Congress.
(3) The oversight section of such report shall include a summary of the (3) The oversight section of such report shall include a summary of the
oversight plans submitted by the committee under clause 2(d) of rule X, a oversight plans submitted by the committee pursuant to clause 2(d) of rule
summary of the actions taken and recommendations made with respect to each X, a summary of the actions taken and recommendations made with respect to
such plan, a summary of any additional oversight activities undertaken by each such plan, and a summary of any additional oversight activities
that committee, and any recommendations made or actions taken thereon. undertaken by that committee, and any recommendations made or actions taken
thereon.
(4) After an adjournment sine die of the last regular session of a (4) After an adjournment of the last regular session of a Congress sine
Congress, the chairman of a committee may file an activities report under die, the chairman of a committee may file a report pursuant to subparagraph
subparagraph (1) with the Clerk at any time and without approval of the (1) with the Clerk at any time and without approval of the committee,
committee, provided that-- provided that a copy of the report has been available to each member of the
(A) a copy of the report has been available to each member of the committee for at least seven calendar days and includes any supplemental,
committee for at least seven calendar days; and minority, or additional views submitted by a member of the committee.
(B) the report includes any supplemental, minority, or additional views
submitted by a member of the committee.
Committee Rules
Adoption of written rules Adoption of written rules
2. (a)(1) Each standing committee shall adopt written rules governing its 2. (a) Each standing committee of the House shall adopt written rules
procedure. Such rules-- governing its procedure. Such rules--
(A) shall be adopted in a meeting that is open to the public unless the (1) shall be adopted in a meeting which is open to the public unless the
committee, in open session and with a quorum present, determines by committee, in open session and with a quorum present, determined by
record vote that all or part of the meeting on that day shall be closed rollcall vote that all or part of the meeting on that day is to be closed
to the public; to the public;
(B) may not be inconsistent with the Rules of the House or with those (2) shall be not inconsistent with the Rules of the House or with those
provisions of law having the force and effect of Rules of the House; and provisions of law having the force and effect of Rules of the House; and
(C) shall in any event incorporate all of the succeeding provisions of (3) shall in any event incorporate all of the succeeding provisions of
this clause to the extent applicable. this clause to the extent applicable.
(2) Each committee shall submit its rules for publication in the Each committee's rules specifying its regular meeting days, and any other The requirement of existing clause 2(a), rule XI that each select or joint
Congressional Record not later than 30 days after the committee is elected rules of a committee which are in addition to the provisions of this committee shall comply with its provisions unless specifically prohibited
in each odd-numbered year. clause, shall be published in the Congressional Record not later than by law is deleted here since proposed clause 10(b), rule X will require
thirty days after the committee is elected in each odd-numbered year. Each each select or joint committee to comply with the provisions of clause
select or joint committee shall comply with the provisions of this 2(a), rule XI (this paragraph). Often a resolution creating a select
paragraph unless specifically prohibited by law. committee will specify that specified portions of the rules will apply in
order to further clarify the point.
[[Page H105]]
Regular meeting days Regular meeting days
(b) Each standing committee shall establish regular meeting days for the (b) Each standing committee of the House shall adopt regular meeting days,
conduct of its business, which shall be not less frequent than monthly. which shall be not less frequent than monthly, for the conduct of its
Each such committee shall meet for the consideration of a bill or business. Each such committee shall meet, for the consideration of any bill
resolution pending before the committee or the transaction of other or resolution pending before the committee or for the transaction of other
committee business on all regular meeting days fixed by the committee committee business, on all regular meeting days fixed by the committee,
unless otherwise provided by written rule adopted by the committee. unless otherwise provided by written rule adopted by the committee.
Additional and special meetings Additional and special meetings
(c)(1) The chairman of each standing committee may call and convene, as he (c)(1) The Chairman of each standing committee may call and convene, as he
considers necessary, additional and special meetings of the committee for or she considers necessary, additional meetings of the committee for the
the consideration of a bill or resolution pending before the committee or consideration of any bill or resolution pending before the committee or for
for the conduct of other committee business, subject to such rules as the the conduct of other committee business. The committee shall meet for such
committee may adopt. The committee shall meet for such purpose under that purpose pursuant to that call of the chairman.
call of the chairman.
(2) Three or more members of a standing committee may file in the offices (2) If at least three members of any standing committee desire that a
of the committee a written request that the chairman call a special meeting special meeting of the committee be called by the chairman, those members
of the committee. Such request shall specify the measure or matter to be may file in the offices of the committee their written request to the
considered. Immediately upon the filing of the request, the clerk of the chairman for that special meeting. Such request shall specify the measure
committee shall notify the chairman of the filing of the request. If the or matter to be considered. Immediately upon the filing of the request, the
chairman does not call the requested special meeting within three calendar clerk of the committee shall notify the chairman of the filing of the
days after the filing of the request (to be held within seven calendar days request. If, within three calendar days after the filing of the request,
after the filing of the request) a majority of the members of the committee the chairman does not call the requested special meeting, to be held within
may file in the offices of the committee their written notice that a seven calendar days after the filing of the request, a majority of the
special meeting of the committee will be held. The written notice shall members of the committee may file in the offices of the committee their
specify the date and hour of the special meeting and the measure or matter written notice that a special meeting of the committee will be held,
to be considered. The committee shall meet on that date and hour. specifying the date and hour of, and the measure or matter to be considered
Immediately upon the filing of the notice, the clerk of the committee shall at, that special meeting. The committee shall meet on that date and hour.
notify all members of the committee that such special meeting will be held Immediately upon the filing of the notice, the clerk of the committee shall
and inform them of its date and hour and the measure or matter to be notify all members of the committee that such special meeting will be held
considered. Only the measure or matter specified in that notice may be and inform them of its date and hour and the measure or matter to be
considered at that special meeting. considered; and only the measure or matter specified in that notice may be
considered at that special meeting. Vice chairman or ranking majority
member to preside in absence of chairman.
[[Page H106]]
Temporary absence of chairman
(d) A member of the majority party on each standing committee or (d) A member of the majority party on any standing committee or
subcommittee thereof shall be designated by the chairman of the full subcommittee thereof designated by the chairman of the full committee shall
committee as the vice chairman of the committee or subcommittee, as the be vice chairman of the committee or subcommittee, as the case may be, and
case may be, and shall preside during the absence of the chairman from any shall preside at any meeting during the temporary absence of the chairman.
meeting. If the chairman and vice chairman of a committee or subcommittee If the chairman and vice chairman of the committee or subcommittee are not
are not present at any meeting of the committee or subcommittee, the present at any meeting of the committee or subcommittee, the ranking member
ranking majority member who is present shall preside at that meeting. of the majority party who is present shall preside at that meeting.
Committee records Committee records
(e)(1)(A) Each committee shall keep a complete record of all committee (e)(1) Each committee shall keep a complete record of all committee action
action which shall include-- which shall include--
(i) in the case of a meeting or hearing transcript, a substantially (A) in the case of any meeting or hearing transcript, a substantially
verbatim account of remarks actually made during the proceedings, subject verbatim account of remarks actually made during the proceedings, subject
only to technical, grammatical, and typographical corrections authorized only to technical, grammatical, and typographical corrections authorized
by the person making the remarks involved; and by the person making the remarks involved; and
(ii) a record of the votes on any question on which a record vote is (B) a record of the votes on any question on which a rollcall vote is Paragraph (k)(7) of this clause precludes release of evidence or testimony
demanded. demanded. taken in executive session of a committee without its approval. This
prohibition has been interpreted to apply also to votes taken in an
executive session. These would not be released without the appropriate
approval and so would not automatically be made public. The ``subject to
paragraph (k)(7)'' language is added to subdivision (B) for clarity.
Otherwise, the release of record votes taken in executive session could
compromise and reveal the nature of the questions voted upon.
(B)(i) Except as provided in subdivision (B)(ii) and subject to paragraph The result of each such rollcall vote shall be made available by the
(k)(7), the result of each such record vote shall be made available by the committee for inspection by the public at reasonable times in the offices
committee for inspection by the public at reasonable times in its offices. of the committee. Information so available for public inspection shall
Information so available for public inspection shall include a description include a description of the amendment, motion, order, or other proposition
of the amendment, motion, order, or other proposition, the name of each and the name of each Member voting for and each Member voting against such
member voting for and each member voting against such amendment, motion, amendment, motion, order, or proposition, and the names of those Members
order, or proposition, and the names of those members of the committee present but not voting, except that in the case of rollcall votes in the
present but not voting. Committee on Standards of Official Conduct taken in executive session, the
(ii) The result of any record vote taken in executive session in the result of any such vote shall not be made available for inspection by the
Committee on Standards of Official Conduct may not be made available for public without an affirmative vote of a majority of the members of the
inspection by the public without an affirmative vote of a majority of the committee.
members of the committee.
[[Page H107]]
(2)(A) Except as provided in subdivision (B), all committee hearings, (2) All committee hearings, records, data, charts, and files shall be kept
records, data, charts, and files shall be kept separate and distinct from separate and distinct from the congressional office records of the Member
the congressional office records of the member serving as its chairman. serving as chairman of the committee; and such records shall be the
Such records shall be the property of the House, and each Member, Delegate, property of the House and all Members of the House shall have access
and the Resident Commissioner shall have access thereto. thereto, except that in the case of records in the Committee on Standards
(B) A Member, Delegate, or Resident Commissioner, other than members of of Official Conduct respecting the conduct of any Member, officer, or
the Committee on Standards of Official Conduct, may not have access to the employee of the House, no Member of the House (other than a member of such
records of that committee respecting the conduct of a Member, Delegate, committee) shall have access thereto without the specific, prior approval
Resident Commissioner, officer, or employee of the House without the of the committee.
specific prior permission of that committee.
(3) Each committee shall include in its rules standards for availability (3) Each committee shall include in its rules standards for availability
of records of the committee delivered to the Archivist of the United States of records of the committee delivered to the Archivist of the United States
under rule VII. Such standards shall specify procedures for orders of the under rule XXXVI. Such standards shall specify procedures for orders of the
committee under clause 3(b)(3) and clause 4(b) of rule VII, including a committee under clause 3(b)(3) and clause 4(b) of rule XXXVI, including a
requirement that nonavailability of a record for a period longer than the requirement that nonavailability of a record for a period longer than the
period otherwise applicable under that rule shall be approved by vote of period otherwise applicable under that rule shall be approved by vote of
the committee. the committee.
(4) Each committee shall make its publications available in electronic (4) Each committee shall, to the maximum extent feasible, make its
form to the maximum extent feasible. publications available in electronic form.
Prohibition against proxy voting Prohibition against proxy voting
(f) A vote by a member of a committee or subcommittee with respect to any (f) No vote by any member of any committee or subcommittee with respect to
measure or matter may not be cast by proxy. any measure or matter may be cast by proxy.
Open meetings and hearings Open meetings and hearings
(g)(1) Each meeting for the transaction of business, including the markup (g)(1) Each meeting for the transaction of business, including the markup The term ``executive session'' is substituted for ``closed to the public''
of legislation, by a standing committee or subcommittee thereof (other than of legislation, of each standing committee or subcommittee thereof (except to achieve consistency with clause 2(k)(7) of this rule.
the Committee on Standards of Official Conduct or its subcommittee) shall the Committee on Standards of Official Conduct) shall be open to the
be open to the public, including to radio, television, and still public, including to radio, television, and still photography coverage
photography coverage, except when the committee or subcommittee, in open except when the committee or subcommittee, in open session and with a
session and with a majority present, determines by record vote that all or majority present, determines by rollcall vote that all or part of the
part of the remainder of the meeting on that day shall be in executive remainder of the meeting on that day shall be closed to the public because
session because disclosure of matters to be considered would endanger disclosure of matters to be considered would endanger national security,
national security, would compromise sensitive law enforcement information, would compromise sensitive law enforcement information, would tend to
would tend to defame, degrade, or incriminate any person, or otherwise defame, degrade or incriminate any person, or otherwise would violate any
would violate a law or rule of the House. Persons, other than members of law or rule of the House: Provided, however, That no person other than
the committee and such noncommittee Members, Delegates, Resident members of the committee and such congressional staff and such departmental
Commissioner, congressional staff, or departmental representatives as the representatives as they may authorize shall be present at any business or
committee may authorize, may not be present at a business or markup session markup session which has been closed to the public. This paragraph does not
that is held in executive session. This subparagraph does not apply to open apply to open committee hearings which are provided for by clause 4(a)(1)
committee hearings, which are governed by clause 4(a)(1) of rule X or by of rule X or by subparagraph (2) of this paragraph.
subparagraph (2).
[[Page H108]]
(2)(A) Each hearing conducted by a committee or subcommittee (other than (2) Each hearing conducted by each committee or subcommittee thereof
the Committee on Standards of Official Conduct or its subcommittees) shall (except the Committee on Standards of Official Conduct) shall be open to
be open to the public, including to radio, television, and still the public, including to radio, television, and still photography coverage,
photography coverage, except when the committee or subcommittee, in open except when the committee or subcommittee, in open session and with a
session and with a majority present, determines by record vote that all or majority present, determines by rollcall vote that all or part of the
part of the remainder of that hearing on that day shall be closed to the remainder of that hearing on that day shall be closed to the public because
public because disclosure of testimony, evidence, or other matters to be disclosure of testimony, evidence, or other matters to be considered would
considered would endanger national security, would compromise sensitive law endanger the national security, would compromise sensitive law enforcement
enforcement information, or would violate a law or rule of the House. information, or would violate any law or rule of the House of
(B) Notwithstanding the requirements of subdivision (A), in the presence Representatives. Notwithstanding the requirements of the preceding
of the number of members required under the rules of the committee for the sentence, a majority of those present, there being in attendance the
purpose of taking testimony, a majority of those present may-- requisite number required under the rules of the committee to be present
for the purpose of taking testimony,
(i) agree to close the hearing for the sole purpose of discussing (A) may vote to close the hearing for the sole purpose of discussing A committee may agree to close a hearing either by a vote or by unanimous
whether testimony or evidence to be received would endanger national whether testimony or evidence to be received would endanger the national consent. Otherwise, committee hearings are held in the sunshine.
security, would compromise sensitive law enforcement information, or security, would compromise sensitive law enforcement information, or
would violate clause 2(k)(5); or violate clause 2(k)(5) of rule XI; or
(ii) agree to close the hearing as provided in clause 2(k)(5). (B) may vote to close the hearing, as provided in clause 2(k)(5) of rule
XI.
(C) A Member, Delegate, or Resident Commissioner may not be excluded from No Member may be excluded from nonparticipatory attendance at any hearing of
nonparticipatory attendance at a hearing of a committee or subcommittee any committee or subcommittee, with the exception of the Committee on
(other than the Committee on Standards of Official Conduct or its Standards of Official Conduct, unless the House of Representatives shall by
subcommittees) unless the House by majority vote authorizes a particular majority vote authorize a particular committee or subcommittee, for
committee or subcommittee, for purposes of a particular series of hearings purposes of a particular series of hearings on a particular article of
on a particular article of legislation or on a particular subject of legislation or on a particular subject of investigation, to close its
investigation, to close its hearings to Members, Delegates, and the hearings to Members by the same procedures designated in this subparagraph
Resident Commissioner by the same procedures specified in this subparagraph for closing hearings to the public: Provided, however, That the committee
for closing hearings to the public. or subcommittee may by the same procedure vote to close one subsequent day
(D) The committee or subcommittee may vote by the same procedure described of hearing except that the Committee on Appropriations, the Committee on
in this subparagraph to close one subsequent day of hearing, except that National Security, and the Permanent Select Committee on Intelligence and
the Committee on Appropriations, the Committee on National Security, and the subcommittees therein may, by the same procedure, vote to close up to
the Permanent Select Committee on Intelligence, and the subcommittees five additional consecutive days of hearings.
thereof, may vote by the same procedure to close up to five additional,
consecutive days of hearings.
[[Page H109]]
(3) The chairman of each committee (other than the Committee on Rules) (3) The chairman of each committee of the House (except the Committee on
shall make public announcement of the date, place, and subject matter of a Rules) shall make public announcement of the date, place, and subject
committee hearing at least one week before the commencement of the hearing. matter of any committee hearing at least one week before the commencement
If the chairman of the committee, with the concurrence of the ranking of the hearing. If the chairman of the committee, with the concurrence of
minority member, determines that there is good cause to begin a hearing the ranking minority member, determines there is good cause to begin the
sooner, or if the committee so determines by majority vote in the presence hearing sooner, or if the committee so determines by majority vote, a
of the number of members required under the rules of the committee for the quorum being present for the transaction of business, the chairman shall
transaction of business, the chairman shall make the announcement at the make the announcement at the earliest possible date. Any announcement made
earliest possible date. An announcement made under this subparagraph shall under this subparagraph shall be promptly published in the Daily Digest and
be published promptly in the Daily Digest and made available in electronic promptly entered into the committee scheduling service of House Information
form. Resources.
(4) Each committee shall, to the greatest extent practicable, require (4) Each committee shall, to the greatest extent practicable, require
witnesses who appear before it to submit in advance written statements of witnesses who appear before it to submit in advance written statements of
proposed testimony and to limit their initial presentations to the proposed testimony and to limit their initial oral presentations to the
committee to brief summaries thereof. In the case of a witness appearing in committee to brief summaries thereof. In the case of a witness appearing in
a nongovernmental capacity, a written statement of proposed testimony shall a nongovernmental capacity, a written statement of proposed testimony shall
include a curriculum vitae and a disclosure of the amount and source (by include a curriculum vitae and a disclosure of the amount and source (by
agency and program) of each Federal grant (or subgrant thereof) or contract agency and program) of any Federal grant (or subgrant thereof) or contract
(or subcontract thereof) received during the current fiscal year or either (or subcontract thereof) received during the current fiscal year or either
of the two previous fiscal years by the witness or by an entity represented of the two previous fiscal years by the witness or by an entity represented
by the witness. by the witness.
(5)(A) Except as provided in subdivision (B), a point of order does not (5) No point of order shall lie with respect to any measure reported by
lie with respect to a measure reported by a committee on the ground that any committee on the ground that hearings on such measure were not
hearings on such measure were not conducted in accordance with this clause. conducted in accordance with the provisions of this clause; except that a
(B) A point of order on the ground described in subdivision (A) may be point of order on that ground may be made by any member of the committee
made by a member of the committee that reported the measure if such point which reported the measure if, in the committee, such point of order was
of order was timely made and improperly disposed of in the committee. (A) timely made and (B) improperly overruled or not properly considered.
(6) This paragraph does not apply to hearings of the Committee on (6) The preceding provisions of this paragraph do not apply to the
Appropriations under clause 4(a)(1) of rule X. committee hearings which are provided for by clause 4(a)(1) of rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be reported by a committee Derived from clause 2(l)(2)(A), rule XI: (2)(A) No measure or The requirement of existing clause 2(l)(2)(A), rule XI that a majority
unless a majority of the committee is actually present. recommendation shall be reported from any committee unless a majority of constitute a quorum to order a measure reported is transferred to proposed
the committee was actually present. clause 2(h)(1) to consolidate all committee quorum requirements in one
clause.
(2) Each committee may fix the number of its members to constitute a Derived from clause 2(h), rule XI: Quorum for taking testimony and certain
quorum for taking testimony and receiving evidence, which may not be less other action.
than two.
(h)(1) Each committee may fix the number of its members to constitute a
quorum for taking testimony and receiving evidence which shall be not less
than two.
[[Page H110]]
(3) Each committee (other than the Committee on Appropriations, the (2) Each committee (except the Committee on Appropriations, the Committee
Committee on the Budget, and the Committee on Ways and Means) may fix the on the Budget, and the Committee on Ways and Means) may fix the number of
number of its members to constitute a quorum for taking any action other its members to constitute a quorum for taking any action other than the
than the reporting of a measure or recommendation, which may not be less reporting of a measure or recommendation which shall be not less than one-
than one-third of the members. third of the members.
Limitation on committee sittings Limitation on committees' sittings
(i) A committee may not sit during a joint session of the House and Senate (i) No committee of the House may sit during a joint session of the House
or during a recess when a joint meeting of the House and Senate is in and Senate or during a recess when a joint meeting of the House and Senate
progress. is in progress.
Calling and questioning of witnesses Calling and interrogation of witnesses
(j)(1) Whenever a hearing is conducted by a committee on a measure or (j)(1) Whenever any hearing is conducted by any committee upon any measure
matter, the minority members of the committee shall be entitled, upon or matter, the minority party members on the committee shall be entitled,
request to the chairman by a majority of them before the completion of the upon request to the chairman by a majority of them before the completion of
hearing, to call witnesses selected by the minority to testify with respect the hearing, to call witnesses selected by the minority to testify with
to that measure or matter during at least one day of hearing thereon. respect to that measure or matter during at least one day of hearing
thereon.
(2)(A) Subject to subdivisions (B) and (C), each committee shall apply the (2)(A) Subject to subdivisions (B) and (C), each committee shall apply the
five-minute rule during the questioning of witnesses in a hearing until five-minute rule in the interrogation of witnesses in any hearing until
such time as each member of the committee who so desires has had an such time as each member of the committee who so desires has had an
opportunity to question each witness. opportunity to question each witness.
(B) A committee may adopt a rule or motion permitting an equal number of (B) A committee may adopt a rule or motion permitting an equal number of
its majority and minority members each to question a witness for a its majority and minority party members each to question a witness for a
specified period not longer than 30 minutes. specified period not longer than 30 minutes.
(C) A committee may adopt a rule or motion permitting committee staff for (C) A committee may adopt a rule or motion permitting committee staff for
its majority and minority members to question a witness for equal specified its majority and minority party members to question a witness for equal
periods. specified periods.
Investigative hearing procedures Investigative hearing procedures
(k)(1) The chairman at an investigative hearing shall announce in an (k)(1) The chairman at an investigative hearing shall announce in an
opening statement the subject of the investigation. opening statement the subject of the investigation.
(2) A copy of the committee rules and of this clause shall be made (2) A copy of the committee rules and this clause shall be made available
available to each witness. to each witness.
(3) Witnesses at investigative hearings may be accompanied by their own (3) Witnesses at investigative hearings may be accompanied by their own
counsel for the purpose of advising them concerning their constitutional counsel for the purpose of advising them concerning their constitutional
rights. rights.
(4) The chairman may punish breaches of order and decorum, and of (4) The chairman may punish breaches of order and decorum, and of
professional ethics on the part of counsel, by censure and exclusion from professional ethics on the part of counsel, by censure and exclusion from
the hearings; and the committee may cite the offender to the House for the hearings; and the committee may cite the offender to the House for
contempt. contempt.
(5) Whenever it is asserted that the evidence or testimony at an (5) Whenever it is asserted that the evidence or testimony at an
investigative hearing may tend to defame, degrade, or incriminate any investigatory hearing may tend to defame, degrade, or incriminate any
person-- person,
[[Page H111]]
(A) notwithstanding paragraph (g)(2), such testimony or evidence shall (A) such testimony or evidence shall be presented in executive session,
be presented in executive session if, in the presence of the number of notwithstanding the provisions of clause 2(g)(2) of this rule, if by a
members required under the rules of the committee for the purpose of majority of those present, there being in attendance the requisite number
taking testimony, the committee determines by vote of a majority of those required under the rules of the committee to be present for the purpose
present that such evidence or testimony may tend to defame, degrade, or of taking testimony, the committee determines that such evidence or
incriminate any person; and testimony may tend to defame, degrade, or incriminate any person; and
(B) the committee shall proceed to receive such testimony in open (B) the committee shall proceed to receive such testimony in open
session only if the committee, a majority being present, determines that session only if the committee, a majority being present, determines that
such evidence or testimony will not tend to defame, degrade, or such evidence or testimony will not tend to defame, degrade, or
incriminate any person. incriminate any person.
In either case the committee shall afford such person an opportunity In either case the committee shall afford such person an opportunity
voluntarily to appear as a witness, and receive and dispose of requests voluntarily to appear as a witness, and receive and dispose of requests
from such person to subpoena additional witnesses. from such person to subpoena additional witnesses.
(6) Except as provided in subparagraph (5), the chairman shall receive and (6) Except as provided in subparagraph (5), the chairman shall receive and
the committee shall dispose of requests to subpoena additional witnesses. the committee shall dispose of requests to subpoena additional witnesses.
(7) Evidence or testimony taken in executive session, and proceedings (7) No evidence or testimony taken in executive session may be released or The requirement of existing clause 2(k)(7), rule XI that the ``consent''
conducted in executive session, may be released or used in public sessions used in public sessions without the consent of the committee. of the committee is necessary to release executive session evidence or
only when authorized by the committee, a majority being present. testimony is clarified in proposed clause 2(g)(7) to require committee
authorization, a majority being present, before release. This reflects
legislative history when the rule was adopted in 1955 and consistent
interpretations since that date that the committee or subcommittee must
actually meet to approve the release, not separate polling of members.
(8) In the discretion of the committee, witnesses may submit brief and (8) In the discretion of the committee, witnesses may submit brief and
pertinent sworn statements in writing for inclusion in the record. The pertinent sworn statements in writing for inclusion in the record. The
committee is the sole judge of the pertinence of testimony and evidence committee is the sole judge of the pertinency of testimony and evidence
adduced at its hearing. adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony given at a (9) A witness may obtain a transcript copy of his testimony given at a
public session or, if given at an executive session, when authorized by the public session or, if given at an executive session, when authorized by the
committee. committee.
Supplemental, minority, or additional views Derived from clause 2(l)(5), rule XI:
(l) If at the time of approval of a measure or matter by a committee (5) If, at the time of approval of any measure or matter by any committee, Committee procedures for reporting bills and resolutions in existing
(other than the Committee on Rules) a member of the committee gives notice other than the Committee on Rules, any member of the committee gives notice clause 2(l), rule XI have been transferred to proposed clause 2(b), rule
of intention to file supplemental, minority, or additional views for of intention to file supplemental, minority, or additional views, that XIII where all committee reporting requirements will be included except
inclusion in the report to the House thereon, that member shall be entitled member shall be entitled to not less than two additional calendar days those provisions for requesting two days for filing supplemental, minority
to not less than two additional calendar days after the day of such notice after the day of such notice (excluding Saturdays, Sundays, or legal or additional views at the time the measure is ordered reported to the
(excluding Saturdays, Sundays, and legal holidays except when the House is holidays except when the House is in session on such a day) in which to House. That two-day provision is retained in proposed clause 2(l), rule XI
in session on such a day) to file such views, in writing and signed by that file such views, in writing and signed by that member, with the clerk of and is cross referenced in clause 2, rule XIII. The phrase ``for inclusion
member, with the clerk of the committee. the committee. All such views so filed by one or more members of the in the report to the House thereon'' clarifies that the right to
committee shall be included within, and shall be a part of, the report supplemental, minority, or additional views attaches to matters filed as
filed by the committee with respect to that measure or matter . . . committee reports to the House, in contrast to matters transmitted
[Remainder of clause 2(l)(5), rule XI transferred to new rule XIII] elsewhere, such as views submitted to another committee.
[[Page H112]]
Derived from clause 2(m), rule XI:
Power to sit and act; subpoena power Power to sit and act; subpoena power
(m)(1) For the purpose of carrying out any of its functions and duties (m)(1) For the purpose of carrying out any of its functions and duties
under this rule and rule X (including any matters referred to it under under this rule and rule X (including any matters referred to it under
clause 2 of rule XII), a committee or subcommittee is authorized (subject clause 5 of rule X), any committee, or any subcommittee thereof, is
to subparagraph (2)(A))-- authorized (subject to subparagraph (2)(A) of this paragraph)--
(A) to sit and act at such times and places within the United States, (A) to sit and act at such times and places within the United States,
whether the House is in session, has recessed, or has adjourned, and to whether the House is in session, has recessed, or has adjourned, and to
hold such hearings as it considers necessary; and hold such hearings, and
(B) to require, by subpoena or otherwise, the attendance and testimony (B) to require, by subpoena or otherwise, the attendance and testimony
of such witnesses and the production of such books, records, of such witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents as it considers correspondence, memorandums, papers, and documents
necessary.
(2) The chairman of the committee, or a member designated by the chairman, as it deems necessary. The chairman of the committee, or any member
may administer oaths to witnesses. designated by such chairman, may administer oaths to any witness.
(3)(A)(i) Except as provided in subdivision (A)(ii), a subpoena may be (2)(A) A subpoena may be authorized and issued by a committee or
authorized and issued by a committee or subcommittee under subparagraph subcommittee under subparagraph (1)(B) in the conduct of any investigation
(1)(B) in the conduct of an investigation or series of investigations or or series of investigations or activities, only when authorized by a
activities only when authorized by the committee or subcommittee, a majority of the members voting, a majority being present, except in the
majority being present. The power to authorize and issue subpoenas under case of a subcommittee of the Committee on Standards of Official Conduct, a
subparagraph (1)(B) may be delegated to the chairman of the committee under subpoena may be authorized and issued only when authorized by an
such rules and under such limitations as the committee may prescribe. affirmative vote of a majority of its members. The power to authorize and
Authorized subpoenas shall be signed by the chairman of the committee or by issue subpoenas under subparagraph (1)(B) may be delegated to the chairman
a member designated by the committee. of the committee pursuant to such rules and under such limitations as the
committee may prescribe. Authorized subpoenas shall be signed by the
chairman of the committee or by any member designated by the committee.
(ii) In the case of a subcommittee of the Committee on Standards of
Official Conduct, a subpoena may be authorized and issued only by an
affirmative vote of a majority of its members.
(B) Compliance with a subpoena issued by a committee or subcommittee under (B) Compliance with any subpoena issued by a committee or subcommittee
subparagraph (1)(B) may be enforced only as authorized or directed by the under subparagraph (1)(B) may be enforced only as authorized or directed by
House. the House.
[[Page H113]]
Committee on Standards of Official Conduct
3. (a) The Committee on Standards of Official Conduct has the following Derived from clause 4(e), rule X: (e)(1) The Committee on Standards of The additional functions of the Committee on Standards of Official Conduct
functions: Official Conduct is authorized: (A) to recommend to the House from time to currently in clause 4(e), rule X are transferred to proposed clause 3, rule
(1) The committee may recommend to the House from time to time such time such administrative actions as it may deem appropriate to establish or XI as a committee procedure.
administrative actions as it may consider appropriate to establish or enforce standards of official conduct for Members, officers, and employees
enforce standards of official conduct for Members, Delegates, the of the House, and any letter of reproval or other administrative action of
Resident Commissioner, officers, and employees of the House. A letter of the committee pursuant to an investigation under subdivision (B) shall only
reproval or other administrative action of the committee pursuant to an be issued or implemented as a part of a report required by such
investigation under subparagraph (2) shall only be issued or implemented subdivision; (B) to investigate, subject to subparagraph (2) of this
as a part of a report required by such subparagraph. paragraph, any alleged violation, by a Member, officer, or employee of the
(2) The committee may investigate, subject to paragraph (b), an alleged House, of the Code of Official Conduct or of any law, rule, regulation, or
violation by a Member, Delegate, Resident Commissioner, officer, or other standard of conduct applicable to the conduct of such Member,
employee of the House of the Code of Official Conduct or of a law, rule, officer, or employee in the performance of his duties or the discharge of
regulation, or other standard of conduct applicable to the conduct of his responsibilities, and after notice and hearing (unless the right to a
such Member, Delegate, Resident Commissioner, officer, or employee in the hearing is waived by the Member, officer, or employee), shall report to the
performance of his duties or the discharge of his responsibilities. After House its findings of fact and recommendations, if any, upon the final
notice and hearing (unless the right to a hearing is waived by the disposition of any such investigation, and such action as the committee may
Member, Delegate, Resident Commissioner, officer or employee), the deem appropriate in the circumstances; (C) to report to the appropriate
committee shall report to the House its findings of fact and Federal or State authorities, either with the approval of the House or by
recommendations, if any, for the final disposition of any such an affirmative vote of two-thirds of the members of the committee, any
investigation and such action as the committee may consider appropriate substantial evidence of a violation, by a Member, officer, or employee of
in the circumstances. the House, of any law applicable to the performance of his duties or the
(3) The committee may report to the appropriate Federal or State discharge of his responsibilities, which may have been disclosed in a
authorities, either with the approval of the House or by an affirmative committee investigation; (D) to give consideration to the request of any
vote of two-thirds of the members of the committee, any substantial Member, officer, or employee of the House for an advisory opinion with
evidence of a violation by a Member, Delegate, Resident Commissioner, respect to the general propriety of any current or proposed conduct of such
officer, or employee of the House, of a law applicable to the performance Member, officer, or employee and, with appropriate deletions to assure the
of his duties or the discharge of his responsibilities that may have been privacy of the individual concerned, to publish such opinion for the
disclosed in a committee investigation. guidance of other Members, officers, and employees of the House; and (E) to
(4) The committee may consider the request of a Member, Delegate, give consideration to the request of any Member, officer, or employee of
Resident Commissioner, officer, or employee of the House for an advisory the House for a written waiver in exceptional circumstances with respect to
opinion with respect to the general propriety of any current or proposed clause 4 of rule XLIII.
conduct of such Member, Delegate, Resident Commissioner, officer, or
employee. With appropriate deletions to ensure the privacy of the person
concerned, the committee may publish such opinion for the guidance of
other Members, Delegates, the Resident Commissioner, officers, and
employees of the House.
(5) The committee may consider the request of a Member, Delegate,
Resident Commissioner, officer, or employee of the House for a written
waiver in exceptional circumstances with respect to clause 4 of rule
XXIV.
[[Page H114]]
(b)(1)(A) Unless approved by an affirmative vote of a majority of its (2)(A)(i) No resolution, report, recommendation, or advisory opinion
members, the Committee on Standards of Official Conduct may not report a relating to the official conduct of a Member, officer, or employee of the
resolution, report, recommendation, or advisory opinion relating to the House shall be made by the Committee on Standards of Official Conduct, and,
official conduct of a Member, Delegate, Resident Commissioner, officer or except as provided by subdivision (ii), no investigation of such conduct
employee of the House, or, except as provided in subparagraph (2), shall be undertaken by such committee, unless approved by the affirmative
undertake an investigation of such conduct. vote of a majority of the members of the committee.
(B)(i) Upon the receipt of information offered as a complaint that is in (ii)(I) Upon the receipt of information offered as a complaint that is in
compliance with this rule and the rules of the committee, the chairman and compliance with this rule and the committee rules, the chairman and ranking
ranking minority member jointly may appoint members to serve as an minority member may jointly appoint members to serve as an investigative
investigative subcommittee. subcommittee.
(ii) The chairman and ranking minority member of the committee jointly may (II) The chairman and ranking minority member of the committee may jointly
gather additional information concerning alleged conduct that is the basis gather additional information concerning alleged conduct which is the basis
of a complaint or of information offered as a complaint until they have of a complaint or of information offered as a complaint until they have
established an investigative subcommittee or either of them has placed on established an investigative subcommittee or the chairman or ranking
the agenda of the committee the issue of whether to establish an minority member has placed on the committee agenda the issue of whether to
investigative subcommittee. establish an investigative subcommittee.
(2) Except in the case of an investigation undertaken by the committee on (B) Except in the case of an investigation undertaken by the committee on
its own initiative, the committee may undertake an investigation relating its own initiative, the committee may undertake an investigation relating
to the official conduct of an individual Member, Delegate, Resident to the official conduct of an individual Member, officer, or employee of
Commissioner, officer, or employee of the House only-- the House of Representatives only--
(A) upon receipt of information offered as a complaint, in writing and (i) upon receipt of information offered as a complaint, in writing and
under oath, from a Member, Delegate, or Resident Commissioner and under oath, made by a Member of the House and transmitted to the committee
transmitted to the committee by such Member, Delegate, or Resident by such Member, or
Commissioner; or
(B) upon receipt of information offered as a complaint, in writing and (ii) upon receipt of information offered as a complaint, in writing and
under oath, from a person not a Member, Delegate, or Resident under oath, from an individual not a Member of the House provided that a
Commissioner provided that a Member, Delegate, or Resident Commissioner Member of the House certifies in writing to the committee that he or she
certifies in writing to the committee that he believes the information is believes the information is submitted in good faith and warrants the review
submitted in good faith and warrants the review and consideration of the and consideration of the committee.
committee.
If a complaint is not disposed of within the applicable periods set forth in If a complaint is not disposed of within the applicable time periods set
the rules of the Committee on Standards of Official Conduct, the chairman forth in the rules of the Committee on Standards of Official Conduct, then
and ranking minority member shall establish jointly an investigative the chairman and ranking minority member shall jointly establish an
subcommittee and forward the complaint, or any portion thereof, to that investigative subcommittee and forward the complaint, or any portion
subcommittee for its consideration. However, if at any time during those thereof, to that subcommittee for its consideration. However, if, at any
periods either the chairman or ranking minority member places on the agenda time during those periods, either the chairman or ranking minority member
the issue of whether to establish an investigative subcommittee, then an places on the agenda the issue of whether to establish an investigative
investigative subcommittee may be established only by an affirmative vote subcommittee, then an investigative subcommittee may be established only by
of a majority of the members of the committee. an affirmative vote of a majority of the members of the committee.
[[Page H115]]
(3) The committee may not undertake an investigation of an alleged (C) No investigation shall be undertaken by the committee of any alleged
violation of a law, rule, regulation, or standard of conduct that was not violation of a law, rule, regulation, or standard of conduct not in effect
in effect at the time of the alleged violation. The committee may not at the time of the alleged violation; nor shall any investigation be
undertake an investigation of such an alleged violation that occurred undertaken by the committee of any alleged violation which occurred before
before the third previous Congress unless the committee determines that the the third previous Congress unless the committee determines that the
alleged violation is directly related to an alleged violation that occurred alleged violation is directly related to any alleged violation which
in a more recent Congress. occurred in a more recent Congress.
(4) A member of the committee shall be ineligible to participate as a (D) A member of the committee shall be ineligible to participate, as a
member of the committee in a committee proceeding relating to the member's member of the committee, in any committee proceeding relating to his or her
official conduct. Whenever a member of the committee is ineligible to act official conduct. In any case in which a member of the committee is
as a member of the committee under the preceding sentence, the Speaker ineligible to act as a member of the committee under the preceding
shall designate a Member, Delegate, or Resident Commissioner from the same sentence, the Speaker of the House shall designate a Member of the House
political party as the ineligible member to act in any proceeding of the from the same political party as the ineligible member of the committee to
committee relating to that conduct. act as a member of the committee in any committee proceeding relating to
the official conduct of such ineligible member.
(5) A member of the committee may disqualify himself from participating in (E) A member of the committee may disqualify himself from participating in
an investigation of the conduct of a Member, Delegate, Resident any investigation of the conduct of a Member, officer, or employee of the
Commissioner, officer, or employee of the House upon the submission in House upon the submission in writing and under oath of an affidavit of
writing and under oath of an affidavit of disqualification stating that the disqualification stating that he cannot render an impartial and unbiased
member cannot render an impartial and unbiased decision in the case in decision in the case in which he seeks to disqualify himself. If the
which the member seeks to be disqualified. If the committee approves and committee approves and accepts such affidavit of disqualification, the
accepts such affidavit of disqualification, the chairman shall so notify chairman shall so notify the Speaker and request the Speaker to designate a
the Speaker and request the Speaker to designate a Member, Delegate, or Member of the House from the same political party as the disqualifying
Resident Commissioner from the same political party as the disqualifying member of the committee to act as a member of the committee in any
member to act in any proceeding of the committee relating to that case. committee proceeding relating to such investigation.
(6) Information or testimony received, or the contents of a complaint or (F) No information or testimony received, or the contents of a complaint
the fact of its filing, may not be publicly disclosed by any committee or or the fact of its filing, shall be publicly disclosed by any committee or
staff member unless specifically authorized in each instance by a vote of staff member unless specifically authorized in each instance by a vote of
the full committee. the full committee.
(7) The committee shall have the functions designated in titles I and V of Derived from clause 1(p), rule X: . . . the committee shall have the These functions of the Committee on Standards of Official Conduct were
the Ethics in Government Act of 1978, in sections 7342, 7351, and 7353 of functions with respect to recommendations, studies, investigations, and formerly contained in that committee's jurisdictional statement in rule X.
title 5, United States Code, and in clause 11(g)(4) of rule X. reports which are provided for in clause 4(e), and the functions designated A cross reference to the functions of the Committee to investigate
in titles I and V of the Ethics in Government Act of 1978 and sections unauthorized disclosures of intelligence information in proposed clause
7342, 7351, and 7353 of title 5, United States Code. 11(g), rule X, is added for clarity.
(c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the Derived from clause 4(e), rule X: (3)(A) Notwithstanding clause 2(g)(1) of
Committee on Standards of Official Conduct or a subcommittee thereof shall rule XI, each meeting of the Committee on Standards of Official Conduct or
occur in executive session unless the committee or subcommittee, by an any subcommittee thereof shall occur in executive session, unless the
affirmative vote of a majority of its members, opens the meeting to the committee or subcommittee by an affirmative vote of a majority of its
public. members opens the meeting to the public.
[[Page H116]]
(2) Notwithstanding clause 2(g)(2) of rule XI, each hearing of an (B) Notwithstanding clause 2(g)(2) of rule XI, hearings of an adjudicatory
adjudicatory subcommittee or sanction hearing of the Committee on Standards subcommittee or sanction hearings held by the Committee on Standards of
of Official Conduct shall be held in open session unless the committee or Official Conduct shall be held in open session unless the subcommittee or
subcommittee, in open session by an affirmative vote of a majority of its committee, in open session by an affirmative vote of a majority of its
members, closes all or part of the remainder of the hearing on that day to members, closes all or part of the remainder of the hearing on that day to
the public. the public.
(d) Before a member, officer, or employee of the Committee on Standards of (4) Before any member, officer, or employee of the Committee on Standards
Official Conduct, including members of a subcommittee of the committee of Official Conduct, including members of any subcommittee of the committee
selected under clause 5(a)(4) of rule X and shared staff, may have access selected pursuant to clause 6(a)(3) and shared staff, may have access to
to information that is confidential under the rules of the committee, the information that is confidential under the rules of the committee, the
following oath (or affirmation) shall be executed: following oath (or affirmation) shall be executed:
``I do solemnly swear (or affirm) that I will not disclose, to any `I do solemnly swear (or affirm) that I will not disclose, to any person
person or entity outside the Committee on Standards of Official Conduct, or entity outside the Committee on Standards of Official Conduct, any
any information received in the course of my service with the committee, information received in the course of my service with the committee,
except as authorized by the committee or in accordance with its rules.'' except as authorized by the committee or in accordance with its rules.'
Copies of the executed oath shall be retained by the Clerk as part of the Copies of the executed oath shall be retained by the Clerk of the House as
records of the House. This paragraph establishes a standard of conduct part of the records of the House. This subparagraph establishes a standard
within the meaning of paragraph (a)(2). Breaches of confidentiality shall of conduct within the meaning of subparagraph (1)(B). Breaches of
be investigated by the Committee on Standards of Official Conduct and confidentiality shall be investigated by the Committee on Standards of
appropriate action shall be taken. Official Conduct and appropriate action shall be taken.
(e)(1) If a complaint or information offered as a complaint is deemed (5)(A) If a complaint or information offered as a complaint is deemed
frivolous by an affirmative vote of a majority of the members of the frivolous by an affirmative vote of a majority of the members of the
Committee on Standards of Official Conduct, the committee may take such Committee on Standards of Official Conduct, the committee may take such
action as it, by an affirmative vote of a majority of its members, action as it, by an affirmative vote of a majority of its members, deems
considers appropriate in the circumstances. appropriate in the circumstances.
(2) Complaints filed before the One Hundred Fifth Congress may not be (B) Complaints filed before the One Hundred Fifth Congress may not be
deemed frivolous by the Committee on Standards of Official Conduct. deemed frivolous by the Committee on Standards of Official Conduct.
Derived from clause 3, rule XI:
Audio and visual coverage of committee proceedings Broadcasting of Committee Hearings and Meetings
4. (a) The purpose of this clause is to provide a means, in conformity 3. (a) It is the purpose of this clause to provide a means, in conformity Proposed clause 4 adopts the phrase ``audio and visual means'' to include
with acceptable standards of dignity, propriety, and decorum, by which with acceptable standards of dignity, propriety, and decorum, by which not only television broadcast, radio broadcast and still photography
committee hearings or committee meetings that are open to the public may be committee hearings, or committee meetings, which are open to the public may covered by the existing clause 3, rule XI, but also to continue its
covered by audio and visual means-- be covered, by television broadcast, radio broadcast, and still application to new technologies, such as transmittal on the internet.
photography, or by any of such methods of coverage--
[[Page H117]]
(1) for the education, enlightenment, and information of the general (1) for the education, enlightenment, and information of the general
public, on the basis of accurate and impartial news coverage, regarding public, on the basis of accurate and impartial news coverage, regarding
the operations, procedures, and practices of the House as a legislative the operations, procedures, and practices of the House as a legislative
and representative body, and regarding the measures, public issues, and and representative body and regarding the measures, public issues, and
other matters before the House and its committees, the consideration other matters before the House and its committees, the consideration
thereof, and the action taken thereon; and thereof, and the action taken thereon; and
(2) for the development of the perspective and understanding of the (2) for the development of the perspective and understanding of the
general public with respect to the role and function of the House under general public with respect to the role and function of the House under
the Constitution as an institution of the Federal Government. the Constitution of the United States as an organ of the Federal
Government.
(b) In addition, it is the intent of this clause that radio and television (b) In addition, it is the intent of this clause that radio and television
tapes and television film of any coverage under this clause may not be tapes and television film of any coverage under this clause shall not be
used, or made available for use, as partisan political campaign material to used, or made available for use, as partisan political campaign material to
promote or oppose the candidacy of any person for elective public office. promote or oppose the candidacy of any person for elective public office.
(c) It is, further, the intent of this clause that the general conduct of (c) It is, further, the intent of this clause that the general conduct of
each meeting (whether of a hearing or otherwise) covered under authority of each meeting (whether of a hearing or otherwise) covered, under authority
this clause by audio or visual means, and the personal behavior of the of this clause, by television broadcast, radio broadcast, and still
committee members and staff, other Government officials and personnel, photography, or by any of such methods of coverage, and the personal
witnesses, television, radio, and press media personnel, and the general behavior of the committee members and staff, other Government officials and
public at the hearing or other meeting, shall be in strict conformity with personnel, witnesses, television, radio, and press media personnel, and the
and observance of the acceptable standards of dignity, propriety, courtesy, general public at the hearing or other meeting shall be in strict
and decorum traditionally observed by the House in its operations, and may conformity with and observance of the acceptable standards of dignity,
not be such as to-- propriety, courtesy, and decorum traditionally observed by the House in its
operations and shall not be such as to--
(1) distort the objects and purposes of the hearing or other meeting or (1) distort the objects and purposes of the hearing or other meeting or
the activities of committee members in connection with that hearing or the activities of committee members in connection with that hearing or
meeting or in connection with the general work of the committee or of the meeting or in connection with the general work of the committee or of the
House; or House; or
(2) cast discredit or dishonor on the House, the committee, or a Member, (2) cast discredit or dishonor on the House, the committee, or any
Delegate, or Resident Commissioner or bring the House, the committee, or Member or bring the House, the committee, or any Member into disrepute.
a Member, Delegate, or Resident Commissioner into disrepute.
(d) The coverage of committee hearings and meetings by audio and visual (d) The coverage of committee hearings and meetings by television
means shall be permitted and conducted only in strict conformity with the broadcast, radio broadcast, or still photography shall be permitted and
purposes, provisions, and requirements of this clause. conducted only in strict conformity with the purposes, provisions, and
requirements of this clause.
[[Page H118]]
(e) Whenever a hearing or meeting conducted by a committee or subcommittee (e) Whenever a hearing or meeting conducted by any committee or
is open to the public, those proceedings shall be open to coverage by audio subcommittee of the House is open to the public, those proceedings shall be
and visual means. A committee or subcommittee chairman may not limit the open to coverage by television, radio, and still photography. A committee
number of television or still cameras to fewer than two representatives or subcommittee chairman may not limit the number of television or still
from each medium (except for legitimate space or safety considerations, in cameras to fewer than two representatives from each medium (except for
which case pool coverage shall be authorized). legitimate space or safety considerations, in which case pool coverage
shall be authorized).
(f) Each committee shall adopt written rules to govern its implementation (f) Each committee of the House shall adopt written rules to govern its
of this clause. Such rules shall contain provisions to the following implementation of this clause. Such rules shall include provisions to the
effect: following effect:
(1) If audio or visual coverage of the hearing or meeting is to be (1) If the television or radio coverage of the hearing or meeting is to
presented to the public as live coverage, that coverage shall be be presented to the public as live coverage, that coverage shall be
conducted and presented without commercial sponsorship. conducted and presented without commercial sponsorship.
(2) The allocation among the television media of the positions or the (2) The allocation among the television media of the positions of the
number of television cameras permitted by a committee or subcommittee number of television cameras permitted by a committee or subcommittee
chairman in a hearing or meeting room shall be in accordance with fair chairman in a hearing or meeting room shall be in accordance with fair
and equitable procedures devised by the Executive Committee of the Radio and equitable procedures devised by the Executive Committee of the Radio
and Television Correspondents' Galleries. and Television Correspondents' Galleries.
(3) Television cameras shall be placed so as not to obstruct in any way (3) Television cameras shall be placed so as not to obstruct in any way
the space between a witness giving evidence or testimony and any member the space between any witness giving evidence or testimony and any member
of the committee or the visibility of that witness and that member to of the committee or the visibility of that witness and that member to
each other. each other.
(4) Television cameras shall operate from fixed positions but may not be (4) Television cameras shall operate from fixed positions but shall not
placed in positions that obstruct unnecessarily the coverage of the be placed in positions which obstruct unnecessarily the coverage of the
hearing or meeting by the other media. hearing or meeting by the other media.
(5) Equipment necessary for coverage by the television and radio media (5) Equipment necessary for coverage by the television and radio media
may not be installed in, or removed from, the hearing or meeting room shall not be installed in, or removed from, the hearing or meeting room
while the committee is in session. while the committee is in session.
(6)(A) Except as provided in subdivision (B), floodlights, spotlights, (6) Floodlights, spotlights, strobelights, and flashguns shall not be
strobelights, and flashguns may not be used in providing any method of used in providing any method of coverage of the hearing or meeting,
coverage of the hearing or meeting. except that the television media may install additional lighting in the
(B) The television media may install additional lighting in a hearing or hearing or meeting room, without cost to the Government, in order to
meeting room, without cost to the Government, in order to raise the raise the ambient lighting level in the hearing or meeting room to the
ambient lighting level in a hearing or meeting room to the lowest level lowest level necessary to provide adequate television coverage of the
necessary to provide adequate television coverage of a hearing or meeting hearing or meeting at the then current state of the art of television
at the current state of the art of television coverage. coverage.
[[Page H119]]
(7) In the allocation of the number of still photographers permitted by (7) In the allocation of the number of still photographers permitted by
a committee or subcommittee chairman in a hearing or meeting room, a committee or subcommittee chairman in a hearing or meeting room,
preference shall be given to photographers from Associated Press Photos preference shall be given to photographers from Associated Press Photos
and United Press International Newspictures. If requests are made by more and United Press International Newspictures. If requests are made by more
of the media than will be permitted by a committee or subcommittee of the media than will be permitted by a committee or subcommittee
chairman for coverage of a hearing or meeting by still photography, that chairman for coverage of the hearing or meeting by still photography,
coverage shall be permitted on the basis of a fair and equitable pool that coverage shall be made on the basis of a fair and equitable pool
arrangement devised by the Standing Committee of Press Photographers. arrangement devised by the Standing Committee of Press Photographers.
(8) Photographers may not position themselves between the witness table (8) Photographers shall not position themselves, at any time during the
and the members of the committee at any time during the course of a course of the hearing or meeting, between the witness table and the
hearing or meeting. members of the committee.
(9) Photographers may not place themselves in positions that obstruct (9) Photographers shall not place themselves in positions which obstruct
unnecessarily the coverage of the hearing by the other media. unnecessarily the coverage of the hearing by the other media.
(10) Personnel providing coverage by the television and radio media (10) Personnel providing coverage by the television and radio media
shall be currently accredited to the Radio and Television Correspondents' shall be then currently accredited to the Radio and Television
Galleries. Correspondents' Galleries.
(11) Personnel providing coverage by still photography shall be (11) Personnel providing coverage by still photography shall be then
currently accredited to the Press Photographers' Gallery. currently accredited to the Press Photographers' Gallery.
(12) Personnel providing coverage by the television and radio media and (12) Personnel providing coverage by the television and radio media and
by still photography shall conduct themselves and their coverage by still photography shall conduct themselves and their coverage
activities in an orderly and unobtrusive manner. activities in an orderly and unobtrusive manner.
Derived from: RULE XXXV
Pay of witnesses PAY OF WITNESSES
5. Witnesses appearing before the House or any of its committees shall be The rule for paying witnesses to appear before the House or any of its The current rule XXXV on pay of witnesses is transferred to rule XI since
paid the same per diem rate as established, authorized, and regulated by committees shall be as follows: For each day a witness shall attend, the it is more appropriate as a committee procedural issue.
the Committee on House Oversight for Members, Delegates, the Resident same per diem rate as established, authorized, and regulated by the
Commissioner, and employees of the House, plus actual expenses of travel to Committee on House Oversight for Members and employees of the House, and
or from the place of examination. Such per diem may not be paid when a actual expenses of travel in coming to or going from the place of
witness has been summoned at the place of examination. examination; but no per diem shall be paid when a witness has been summoned
at the place of examination.
Derived from: RULE XXVI
Unfinished business of the session UNFINISHED BUSINESS OF THE SESSION
6. All business of the House at the end of one session shall be resumed at All business before committees of the House at the end of one session The proposed unfinished business of the session rule, currently rule XXVI,
the commencement of the next session of the same Congress in the same shall be resumed at the commencement of the next session of the same refers to all House business and would therefore also include committee
manner as if no adjournment had taken place. Congress in the same manner as if no adjournment had taken place. business making it relevant to the new rule XI.
RULE XII. Derived from: Rule XXXIX
RECEIPT AND REFERRAL OF MEASURES AND MATTERS. MESSAGES
[[Page H120]]
Messages Rules XII-XXIII: Consideration of Legislation
1. Messages received from the Senate, or from the President, shall be Messages received from the Senate and the President of the United States, In proposed rule XII, various provisions relating to receipt, introduction
entered on the Journal and published in the Congressional Record of the giving notice of bills passed or approved, shall be entered in the Journal and referral of messages, bills, resolution, petitions, memorials and
proceedings of that day. and published in the Record of that day's proceedings. executive communications are transferred and consolidated, including the
ban on introduction of commemorative measures now in rule XXII. Proposed
clause 1 is clarified to reflect that the entirety of messages from the
President and the Senate are entered on the Journal and not merely notice
of bills passed. Current rule XII relating to the Resident Commissioner and
Delegates is transferred to clause 3 of rule III.
Referral Derived from clause 5, rule X: Referral of Bills, Resolutions, and Other
Matters to Committees
2. (a) The Speaker shall refer each bill, resolution, or other matter that 5. (a) Each bill, resolution, or other matter which relates to a subject
relates to a subject listed under a standing committee named in clause 1 of listed under any standing committee named in clause 1 shall be referred by
rule X in accordance with the provisions of this clause. the Speaker in accordance with the provisions of this clause.
(b) The Speaker shall refer matters under paragraph (a) in such manner as (b) Every referral of any matter under paragraph (a) shall be made in such
to ensure to the maximum extent feasible that each committee that has manner as to assure to the maximum extent feasible that each committee
jurisdiction under clause 1 of rule X over the subject matter of a which has jurisdiction under clause 1 over the subject matter of any
provision thereof may consider such provision and report to the House provision thereof will have responsibility for considering such provision
thereon. Precedents, rulings, or procedures in effect before the Ninety- and reporting to the House with respect thereto. Any precedents, rulings,
Fourth Congress shall be applied to referrals under this clause only to the and procedures in effect prior to the Ninety-Fourth Congress shall be
extent that they will contribute to the achievement of the objectives of applied with respect to referrals under this clause only to the extent that
this clause. they will contribute to the achievement of the objectives of this clause.
(c) In carrying out paragraphs (a) and (b) with respect to the referral of (c) In carrying out paragraphs (a) and (b) with respect to any matter, the Since the advent in 1974 of referrals to multiple committees, it has been
a matter, the Speaker-- Speaker shall designate a committee of primary jurisdiction; but also may the case that a committee receiving an initial referral of a bill that has
(1) shall designate a committee of primary jurisdiction; refer the matter to one or more additional committees, for consideration in also been referred to other committees only receives those portions of the
(2) may refer the matter to one or more additional committees for sequence (subject to appropriate time limitations), either on its initial bill that fall within its jurisdiction. Indeed, now the printed version of
consideration in sequence, either initially or after the matter has been referral or after the matter has been reported by the committee of primary a multiple-referred bill states that the referral is ``in each case for
reported by the committee of primary jurisdiction; jurisdiction; or may refer portions of the matter to one or more additional consideration of such provisions as fall within the jurisdiction of the
(3) may refer portions of the matter reflecting different subjects and committees (reflecting different subjects and jurisdictions) for the committee concerned.'' The recodification does not alter this situation.
jurisdictions to one or more additional committees; consideration only of designated portions; or may refer the matter to a Also retained is the Speaker's broad authority under the precedents to
(4) may refer the matter to a special, ad hoc committee appointed by the special ad hoc committee appointed by the Speaker with the approval of the impose time limitations on committees, including a limitation on the
Speaker with the approval of the House, and including members of the House (with members from the committees having jurisdiction) for the duration of the initial referral.
committees of jurisdiction, for the specific purpose of considering that specific purpose of considering that matter and reporting to the House
matter and reporting to the House thereon; thereon; or may make such other provisions as may be considered
(5) may subject a referral to appropriate time limitations; and appropriate.
(6) may make such other provision as may be considered appropriate.
[[Page H121]]
(d) A bill for the payment or adjudication of a private claim against the Derived from clause 4, rule XXI: 4. No bill for the payment or
Government may not be referred to a committee other than the Committee on adjudication of any private claim against the Government shall be referred,
International Relations or the Committee on the Judiciary, except by except by unanimous consent, to any other than the following committees,
unanimous consent. namely: To the Committee on International Relations or to the Committee on
the Judiciary.
Derived from: RULE XXII
Petitions, memorials, and private bills OF PETITIONS, MEMORIALS, BILLS, AND RESOLUTIONS
3. If a Member, Delegate, or Resident Commissioner has a petition, 1. Members having petitions or memorials or bills of a private nature to
memorial, or private bill to present, he shall endorse his name, deliver it present may deliver them to the Clerk, endorsing their names and the
to the Clerk, and may specify the reference or disposition to be made reference or disposition to be made thereof; and said petitions and
thereof. Such petition, memorial, or private bill (except when judged by memorials and bills of a private nature, except such as, in the judgment of
the Speaker to be obscene or insulting) shall be entered on the Journal the Speaker, are of an obscene or insulting character, shall be entered on
with the name of the Member, Delegate, or Resident Commissioner presenting the Journal, with the names of the Members presenting them, and the Clerk
it and shall be printed in the Congressional Record. shall furnish a transcript of such entry to the official reporters of
debates for publication in the Record.
4. A private bill or private resolution (including an omnibus claim or 2. (a) No private bill or resolution (including so-called omnibus claims
pension bill), or amendment thereto, may not be received or considered in or pension bills), and no amendment to any bill or resolution, authorizing
the House if it authorizes or directs-- or directing (1) the payment of money for property damages, for personal
(a) the payment of money for property damages, for personal injuries or injuries or death for which suit may be instituted under the Tort Claims
death for which suit may be instituted under the Tort Claims Procedure Procedure as provided in title 28, United States Code, or for a pension
provided in title 28, United States Code, or for a pension (other than to (other than to carry out a provision of law or treaty stipulation); (2) the
carry out a provision of law or treaty stipulation); construction of a bridge across a navigable stream; or (3) the correction
(b) the construction of a bridge across a navigable stream; or of a military or naval record, shall be received or considered in the
(c) the correction of a military or naval record. House.
Prohibition on commemorations
5. (a) A bill or resolution, or an amendment thereto, may not be (b)(1) No bill or resolution, and no amendment to any bill or resolution,
introduced or considered in the House if it establishes or expresses a establishing or expressing any commemoration may be introduced or
commemoration. considered in the House.
(b) In this clause the term ``commemoration'' means a remembrance, (2) For purposes of this paragraph, the term ``commemoration'' means any
celebration, or recognition for any purpose through the designation of a remembrance, celebration, or recognition for any purpose through the
specified period of time. designation of a specified period of time.
Excluded matters
6. A petition, memorial, bill, or resolution excluded under this rule 3. Any petition or memorial or bill or resolution excluded under this rule
shall be returned to the Member, Delegate, or Resident Commissioner from shall be returned to the Member from whom it was received; and petitions
whom it was received. A petition or private bill that has been and private bills which have been inappropriately referred may, by the
inappropriately referred may, by direction of the committee having direction of the committee having possession of the same, be properly
possession of it, be properly referred in the manner originally presented. referred in the manner originally presented; and an erroneous reference of
An erroneous reference of a petition or private bill under this clause does a petition or private bill under this clause shall not confer jurisdiction
not confer jurisdiction on a committee to consider or report it. upon the committee to consider or report the same.
[[Page H122]]
Sponsorship
7. (a) All other bills, memorials, petitions, and resolutions, endorsed 4. (a) All other bills, memorials, and resolutions may, in like manner, be A motion to correct the erroneous reference of a bill is privileged if
with the names of Members, Delegates, or the Resident Commissioner delivered, endorsed with the names of Members introducing them, to the offered by the direction of the committee receiving or claiming the bill,
introducing them, may be delivered to the Speaker to be referred. The Speaker, to be by him referred, and the titles and references thereof and and is not debatable under the precedents. Due to changes in the order of
titles and references of all bills, memorials, petitions, resolutions, and of all bills, resolutions, and documents referred under the rules shall be business rule (proposed rule XIV), it is now in order immediately after the
other documents referred under this rule shall be entered on the Journal entered on the Journal and printed in the Record of the next day, and Pledge of Allegiance rather than after the Journal.
and printed in the Congressional Record. An erroneous reference may be correction in case of error of reference may be made by the House, without
corrected by the House in accordance with rule X on any day immediately debate, in accordance with rule X, on any day immediately after the reading
after the Pledge of Allegiance to the Flag by unanimous consent or motion. of the Journal, by unanimous consent, or on motion of a committee claiming
Such a motion shall be privileged if offered by direction of a committee to jurisdiction, or on the report of the committee to which the bill has been
which the bill has been erroneously referred or by direction of a committee erroneously referred. Two or more Members may introduce jointly any bill,
claiming jurisdiction and shall be decided without debate. or resolution to which this paragraph applies.
(b)(1) The primary sponsor of a public bill or public resolution may name (b)(1) The name of any Member shall be added as a sponsor of any bill or The current co-sponsorship rule in clause 4(b), rule XXII, could be
cosponsors. The name of a cosponsor added after the initial printing of a resolution to which paragraph (a) applies, and shall appear as a sponsor in interpreted to permit only the Member erroneously added as a co-sponsor to
bill or resolution shall appear in the next printing of the bill or the next printing of that bill or resolution: Provided, That a request seek unanimous consent to remove his name. The proposed rule would allow
resolution on the written request of the primary sponsor. Such a request signed by such Member is submitted by the first sponsor to the Speaker (in either that Member or the first sponsor to request unanimous consent,
may be submitted to the Speaker at any time until the last committee the same manner as provided in paragraph (a)) no later than the day on reflecting current practice. The cut-off for adding or deleting co-sponsors
authorized to consider and report the bill or resolution reports it to the which the last committee authorized to consider and report such bill or is clarified (when a bill is discharged from committee and is under
House or is discharged from its consideration. resolution reports it to the House. consideration in the House or in the Committee of the Whole). For example,
co-sponsors could be added to an unreported bill considered under
suspension of the rules until the time the motion is agreed to.
(2) The name of a cosponsor of a bill or resolution may be deleted by (2) The name of any Member listed as a sponsor of any such bill or
unanimous consent. The Speaker may entertain such a request only by the resolution may be deleted by unanimous consent, but only at the request of
Member, Delegate, or Resident Commissioner whose name is to be deleted or such Member, and such deletion shall be indicated in the next printing of
by the primary sponsor of the bill or resolution, and only until the last the bill or resolution (together with the date on which such name was
committee authorized to consider and report the bill or resolution reports deleted). Such consent may be granted no later than the day on which the
it to the House or is discharged from its consideration. The Speaker may last committee authorized to consider and report such bill or resolution
not entertain a request to delete the name of the primary sponsor of a bill reports it to the House: Provided, however, That the Speaker shall not
or resolution. A deletion shall be indicated by date in the next printing entertain a request to delete the name of the first sponsor of any bill or
of the bill or resolution. resolution.
(3) The addition or deletion of the name of a cosponsor of a bill or (3) The addition of the name of any Member, or the deletion of any name by
resolution shall be entered on the Journal and printed in the Congressional unanimous consent, of a sponsor of any such bill or resolution shall be
Record of that day. entered on the Journal and printed in the Record of that day.
(4) A bill or resolution shall be reprinted on the written request of the (4) Any such bill or resolution shall be reprinted (A) if the Member whose
primary sponsor. Such a request may be submitted to the Speaker only when name is listed as the first sponsor submits to the Speaker a written
20 or more cosponsors have been added since the last printing of the bill request that it be reprinted, and (B) if twenty or more Members have been
or resolution. added as sponsors of that bill or resolution since it was last printed.
[[Page H123]]
(5) When a bill or resolution is introduced ``by request,'' those words Derived from clause 6, rule XXII: 6. When a bill, resolution, or memorial
shall be entered on the Journal and printed in the Congressional Record. is introduced ``by request'', these words shall be entered upon the Journal
and printed in the Record.
Derived from: RULE XL
Executive communications EXECUTIVE COMMUNICATIONS
8. Estimates of appropriations and all other communications from the Estimates of appropriations and all other communications from the
executive departments intended for the consideration of any committees of executive departments, intended for the consideration of any committees of
the House shall be addressed to the Speaker for referral as provided in the House, shall be addressed to the Speaker, and by him referred as
clause 2 of rule XIV. provided by clause 2 of rule XXIV.
RULE XIII. Derived from: RULE XIII
CALENDARS AND COMMITTEE REPORTS. CALENDARS AND REPORTS OF COMMITTEES
Calendars
1. (a) All business reported by committees shall be referred to one of the 1. There shall be three calendars to which all business reported from In proposed clause 1, rule XIII, the definition of Union Calendar bills
following three calendars: committees shall be referred, viz: has been modified to conform with existing provisions in clause 3, rule
(1) A Calendar of the Committee of the Whole House on the state of the First. A Calendar of the Committee of the Whole House on the state of the XXIII and clause 1, rule XIII, defining propositions which must be
Union, to which shall be referred public bills and public resolutions Union, to which shall be referred bills raising revenue, general considered in Committee of the Whole. Note also cross references to rule
raising revenue, involving a tax or charge on the people, directly or appropriation bills, and bills of a public character directly or indirectly XXV for the Corrections Calendar and the Calendar of Motions to Discharge
indirectly making appropriations of money or property or requiring such appropriating money or property. Committees since both are more properly order of business on certain days
appropriations to be made, authorizing payments out of appropriations Second. A House Calendar, to which shall be referred all bills of a public issues than just calendar ones.
already made, releasing any liability to the United States for money or character not raising revenue nor directly or indirectly appropriating
property, or referring a claim to the Court of Claims. money or property.
(2) A House Calendar, to which shall be referred all public bills and Third. A Calendar of the Committee of the Whole House, to which shall be
public resolutions not requiring referral to the Calendar of the referred all bills of a private character.
Committee of the Whole House on the state of the Union.
(3) A Private Calendar as provided in clause 5 of rule XV, to which
shall be referred all private bills and private resolutions.
Clause 2, ``Filing and printing of reports''--including matter transferred
from rule XI regarding the responsibility of the chairman and the committee
to file a report and the provisions of current clause 2(l)(5) of rule XI
regarding accompanying views and automatic filing with the Clerk within two
days.
[[Page H124]]
Clause 3, ``Content of reports''--including matter transferred from clause
2(l) of rule XI regarding printing as a single volume, rollcall votes in
committee, oversight and CBO estimates, constitutional authority
statements, and committee cost estimates (from current clause 7). Because
violations of reporting requirements prevent consideration of the measure,
subject to technical correction by filing a supplemental report under
clause 3(a)(2), there is no need to state that sanction selectively (as in
current clause 7 on committee cost estimates), ``Ramseyer'' requirements to
show changes in existing law, changes in application of existing law in
general appropriation bills (transferred from clause 3 of rule XXI),
rescission and transfer headings in general appropriation bills and
separate sections in reports (transferred from clause 1 of rule X), changes
in standing rules ``Ramseyered'' when reported by the Rules Committee
(transferred from clause 4(d) of rule XI), and ``dynamic estimates'' of tax
legislation (transferred from clause 5(e) of current rule XIII).
Clause 4, ``Availability of reports''--transferred from current clause
2(l)(6) of rule XI and from rule XXI, on appropriations reports and
hearings.
Clause 5, ``Privileged Reports, Generally''--transferred from clause 4(a)
of rule XI.
Clause 6, ``Privileged Reports by the Committee on Rules''--transferred
from clause 4(b) of rule XI and expanded to include current clause 2(.l)(7)
of rule XI regarding a privileged motion to consider a bill made in order
after seven days of House adoption of a special order.
Clause 7 transferring provisions on resolutions of inquiry from clause 5
of rule XXII.
(b) There is established a Corrections Calendar as provided in clause 6 of
rule XV.
(c) There is established a Calendar of Motions to Discharge Committees as
provided in clause 2 of rule XV.
Filing and printing of reports
2. (a)(1) Except as provided in subparagraph (2), all reports of 2. All reports of committees, except as provided in clause 4(a) of rule As indicated in proposed paragraph (c), all timely submitted supplemental,
committees (other than those filed from the floor as privileged) shall be XI, together with the views of the minority, shall be delivered to the minority, or additional views are part of, and must be included in, the
delivered to the Clerk for printing and reference to the proper calendar Clerk for printing and reference to the proper calendar under the direction committee report. It is therefore unnecessary to include the reference to
under the direction of the Speaker in accordance with clause 1. The title of the Speaker, in accordance with the foregoing clause, and the titles or minority views in paragraph (a).
or subject of each report shall be entered on the Journal and printed in subject thereof shall be entered on the Journal and printed in the Record:
the Congressional Record. Provided, That bills reported adversely shall be laid on the table, unless
(2) A bill or resolution reported adversely shall be laid on the table the committee reporting a bill, at the time, or any Member within three
unless a committee to which the bill or resolution was referred requests at days thereafter, shall request its reference to the calendar, when it shall
the time of the report its referral to an appropriate calendar under clause be referred, as provided in clause 1 of this rule.
1 or unless, within three days thereafter, a Member, Delegate, or Resident
Commissioner makes such a request.
[[Page H125]]
Derived from clause 2(l)(1)(A), rule XI: Committee procedures for
reporting bills and resolutions
(b)(1) It shall be the duty of the chairman of each committee to report or (l)(1)(A) It shall be the duty of the chairman of each committee to report Proposed clause 2(b)(1) and (2), rule XIII transferred from existing
cause to be reported promptly to the House a measure or matter approved by or cause to be reported promptly to the House any measure approved by the clause 2(l)(1)(A) and (B), rule XI.
the committee and to take or cause to be taken steps necessary to bring the committee and to take or cause to be taken necessary steps to bring a
measure or matter to a vote. matter to a vote.
(2) In any event, the report of a committee on a measure that has been (B) In any event, the report of any committee on a measure which has been
approved by the committee shall be filed within seven calendar days approved by the committee shall be filed within seven calendar days
(exclusive of days on which the House is not in session) after the day on (exclusive of days on which the House is not in session) after the day on
which a written request for the filing of the report, signed by a majority which there has been filed with the clerk of the committee a written
of the members of the committee, has been filed with the clerk of the request, signed by a majority of the members of the committee, for the
committee. The clerk of the committee shall immediately notify the chairman reporting of that measure. Upon the filing of any such request, the clerk
of the filing of such a request. This subparagraph does not apply to a of the committee shall transmit immediately to the chairman of the
report of the Committee on Rules with respect to a rule, joint rule, or committee notice of the filing of that request. This subdivision does not
order of business of the House, or to the reporting of a resolution of apply to a report of the Committee on Rules with respect to the rules,
inquiry addressed to the head of an executive department. joint rules, or order of business of the House or to the reporting of a
resolution of inquiry addressed to the head of an executive department.
(c) All supplemental, minority, or additional views filed under clause Derived from clause 2(l)(5), rule XI: All such views so filed by one or The procedure for obtaining the two days to file additional, minority or
2(l) of rule XI by one or more members of a committee shall be included in, more members of the committee shall be included within, and shall be a part supplemental views has been transferred to new clause 2(l), rule XI as a
and shall be a part of, the report filed by the committee with respect to a of, the report filed by the committee with respect to that measure or committee procedure. A cross reference is included in proposed clause 2(c),
measure or matter. When time guaranteed by clause 2(l) of rule XI has matter. When time guaranteed by this subparagraph has expired (or, if rule XIII under filing and printing of committee reports. The provisions of
expired (or, if sooner, when all separate views have been received), the sooner, when all separate views have been received), the committee may existing clause 2(l)(5) on printing of committee reports in a single volume
committee may arrange to file its report with the Clerk not later than one arrange to file its report with the Clerk not later than one hour after the and filing of supplemental reports have been transferred to proposed clause
hour after the expiration of such time. This clause and provisions of expiration of such time . . . This subparagraph does not preclude-- 3(a), rule XIII.
clause 2(l) of rule XI do not preclude the immediate filing or printing of (i) the immediate filing or printing of a committee report unless timely
a committee report in the absence of a timely request for the opportunity request for the opportunity to file supplemental, minority, or additional
to file supplemental, minority, or additional views as provided in clause views has been made as provided by this subparagraph; . . .
2(l) of rule XI.
Content of reports
3. (a)(1) Except as provided in subparagraph (2), the report of a Derived from clause 2(l)(5), rule XI: The report of the committee upon The proposed clause 3 consolidates in one clause the prescribed contents
committee on a measure or matter shall be printed in a single volume that-- that measure or matter shall be printed in a single volume which-- for committee reports now contained in rules X, XI, XIII and XXI.
(A) shall include all supplemental, minority, or additional views that (A) shall include all supplemental, minority, or additional views which
have been submitted by the time of the filing of the report; and have been submitted by the time of the filing of the report, and
(B) shall bear on its cover a recital that any such supplemental, (B) shall bear upon its cover a recital that any such supplemental,
minority, or additional views (and any material submitted under paragraph minority, or additional views (and any material submitted under
(c)(3) or (4)) are included as part of the report. subdivisions (C) and (D) of subparagraph (3)) are included as part of the
report.
(2) A committee may file a supplemental report for the correction of a This subparagraph does not preclude-- A committee may file a supplemental report to correct a technical error
technical error in its previous report on a measure or matter. (ii) the filing by any such committee of any supplemental report upon any only in a previous report filed by that committee on that matter.
measure or matter which may be required for the correction of any technical
error in a previous report made by that committee upon that measure or
matter.
[[Page H126]]
(b) With respect to each record vote on a motion to report a measure or Derived from clause 2(l)(2)(B), rule XI: (B) With respect to each rollcall
matter of a public nature, and on any amendment offered to the measure or vote on a motion to report any measure or matter of a public character, and
matter, the total number of votes cast for and against, and the names of on any amendment offered to the measure or matter, the total number of
members voting for and against, shall be included in the committee report. votes cast for and against, and the names of those members voting for and
The preceding sentence does not apply to votes taken in executive session against, shall be included in the committee report on the measure or
by the Committee on Standards of Official Conduct. matter. The preceding sentence shall not apply to votes taken in executive
session by the Committee on Standards of Official Conduct.
(c) The report of a committee on a measure that has been approved by the Derived from clause 2(l)(3), rule XI: (3) The report of any committee on a Section 308(a)(1) of the Congressional Budget Act no longer requires a
committee shall include, separately set out and clearly identified, the measure which has been approved by the committee shall include (A) the committee report statement concerning new entitlement authority.
following: oversight findings and recommendations required pursuant to clause 2(b)(1)
(1) Oversight findings and recommendations under clause 2(b)(1) of rule of rule X separately set out and clearly identified; (B) the statement
X. required by section 308(a)(1) of the Congressional Budget Act of 1974,
(2) The statement required by section 308(a) of the Congressional Budget separately set out and clearly identified, if the measure provides new
Act of 1974, except that an estimate of new budget authority shall budget authority (other than continuing appropriations), new entitlement
include, when practicable, a comparison of the total estimated funding authority as defined in section 3(9) of such Act, new credit authority, or
level for the relevant programs to the appropriate levels under current an increase or decrease in revenues or tax expenditures, except that the
law. estimates with respect to new budget authority shall include, when
(3) An estimate and comparison prepared by the Director of the practicable, a comparison of the total estimated funding level for the
Congressional Budget Office under section 402 of the Congressional Budget relevant program (or programs) to the appropriate levels under current law;
Act of 1974 if timely submitted to the committee before the filing of the (C) the estimate and comparison prepared by the Director of the
report. Congressional Budget Office under section 402 of such Act, separately set
(4) A summary of oversight findings and recommendations by the Committee out and clearly identified, whenever the Director (if timely submitted
on Government Reform and Oversight under clause 4(c)(2) of rule X if such prior to the filing of the report) has submitted such estimate and
findings and recommendations have been submitted to the reporting comparison to the committee; and (D) a summary of the oversight findings
committee in time to allow it to consider such findings and and recommendations made by the Committee on Government Reform and
recommendations during its deliberations on the measure. Oversight under clause 4(c)(2) of rule X separately set out and clearly
identified whenever such findings and recommendations have been submitted
to the legislative committee in a timely fashion to allow an opportunity to
consider such findings and recommendations during the committee's
deliberations on the measure.
(d) Each report of a committee on a public bill or public joint resolution Derived from clause 2(l)(4), rule XI: (4) Each report of a committee on a
shall contain the following: bill or joint resolution of a public character shall include a statement
(1) A statement citing the specific powers granted to Congress in the citing the specific powers granted to the Congress in the Constitution to
Constitution to enact the law proposed by the bill or joint resolution. enact the law proposed by the bill or joint resolution.
Derived from clause 7, rule XIII: 7. (a) The report accompanying each bill
or joint resolution of a public character reported by any committee shall
contain--
[[Page H127]]
(2)(A) An estimate by the committee of the costs that would be incurred (1) an estimate, made by such committee, of the costs which would be
in carrying out the bill or joint resolution in the fiscal year in which incurred in carrying out such bill or joint resolution in the fiscal year
it is reported and in each of the five fiscal years following that fiscal in which it is reported, and in each of the five fiscal years following
year (or for the authorized duration of any program authorized by the such fiscal year (or for the authorized duration of any program authorized
bill or joint resolution if less than five years); by such bill or joint resolution, if less than five years);
(B) A comparison of the estimate of costs described in subdivision (A) (2) a comparison of the estimate of costs described in subparagraph (1) of
made by the committee with any estimate of such costs made by a this paragraph made by such committee with any estimate of such costs made
Government agency and submitted to such committee; and by any Government agency and submitted to such committee; and
(C) When practicable, a comparison of the total estimated funding level (3) when practicable, a comparison of the total estimated funding level Proposed clause 3(d)(2), rule XIII on committee cost estimates is the same
for the relevant programs with the appropriate levels under current law. for the relevant program (or programs) with the appropriate levels under as existing clause 7(a), rule XIII, but deletes clause 7(b) of the existing
current law. rule which prohibits consideration of a reported bill or joint resolution
Omitted: (b) It shall not be in order to consider any such bill or joint unless the committee cost estimate is in the report, since all reporting
resolution in the House if the report of the committee which reported that requirements if not complied with render the bill subject to a point of
bill or joint resolution does not comply with paragraph (a) of this clause. order against its consideration. To include such a prohibition only in this
instance and not where other reporting requirements are not met is to give
the impression that such other failures do not give rise to a point of
order against consideration. This merely conforms to existing precedents
that points of order may be raised against consideration of a bill where
the report fails to comply with any of the reporting requirements now
consolidated in rule XIII, subject to filing of supplemental reports to
correct technical errors in clause 3(a)(2) of this rule.
(3)(A) In subparagraph (2) the term ``Government agency'' includes any (c) For the purposes of subparagraph (2) of paragraph (a) of this clause,
department, agency, establishment, wholly owned Government corporation, a Government agency includes any department, agency, establishment, wholly
or instrumentality of the Federal Government or the government of the owned Government corporation, or instrumentality of the Federal Government
District of Columbia. or the government of the District of Columbia.
(B) Subparagraph (2) does not apply to the Committee on Appropriations, (d) The preceding provisions of this clause do not apply to the Committee
the Committee on House Oversight, the Committee on Rules, or the on Appropriations, the Committee on House Oversight, the Committee on
Committee on Standards of Official Conduct, and does not apply when a Rules, and the Committee on Standards of Official Conduct, and do not apply
cost estimate and comparison prepared by the Director of the where a cost estimate and comparison prepared by the Director of the
Congressional Budget Office under section 402 of the Congressional Budget Congressional Budget Office under section 402 of the Congressional Budget
Act of 1974 has been included in the report under paragraph (c)(3). Act of 1974 has been timely submitted prior to the filing of the report and
included in the report pursuant to clause 2(l)(3)(C) of rule XI.
(e)(1) Whenever a committee reports a bill or joint resolution proposing Derived from clause 3, rule XIII: 3. Whenever a committee reports a bill
to repeal or amend a statute or part thereof, it shall include in its or a joint resolution repealing or amending any statute or part thereof it
report or in an accompanying document-- shall include in its report or in an accompanying document--
(A) the text of a statute or part thereof that is proposed to be (1) The text of the statute or part thereof which is proposed to be
repealed; and repealed; and
[[Page H128]]
(B) a comparative print of any part of the bill or joint resolution (2) A comparative print of that part of the bill or joint resolution
proposing to amend the statute and of the statute or part thereof making the amendment and of the statute or part thereof proposed to be
proposed to be amended, showing by appropriate typographical devices the amended, showing by stricken-through type and italic, parallel columns, or
omissions and insertions proposed. other appropriate typographical devices the omissions and insertions
(2) If a committee reports a bill or joint resolution proposing to repeal proposed to be made: Provided, however, That if a committee reports such a
or amend a statute or part thereof with a recommendation that the bill or bill or joint resolution with amendments or an amendment in the nature of a
joint resolution be amended, the comparative print required by subparagraph substitute for the entire bill, such report shall include a comparative
(1) shall reflect the changes in existing law proposed to be made by the print showing any changes in existing law proposed by the amendments or
bill or joint resolution as proposed to be amended. substitute instead of as in the bill as introduced.
(f)(1) A report of the Committee on Appropriations on a general Derived from clause 3, rule XXI: 3. A report from the Committee on Proposed clause 3(f)(1), rule XIII regarding changes in existing law
appropriation bill shall include-- Appropriations accompanying any general appropriation bill making an contained in general appropriation bills is transferred from existing
(A) a concise statement describing the effect of any provision of the appropriation for any purpose shall contain a concise statement describing clause 3, rule XXI, to consolidate reporting requirements for the
accompanying bill that directly or indirectly changes the application of fully the effect of any provision of the accompanying bill which directly Appropriations Committee. Proposed clause 3(f)(2) is transferred from
existing law; and or indirectly changes the application of existing law, and shall contain a existing clause 1(b), rule X as part of that consolidation.
(B) a list of all appropriations contained in the bill for expenditures list of all appropriations contained in the bill for any expenditure not
not previously authorized by law (except classified intelligence or previously authorized by law (except for classified intelligence or
national security programs, projects, or activities). national security programs, projects, or activities).
(2) Whenever the Committee on Appropriations reports a bill or joint Derived from clause 1(b), rule X: The committee shall include separate
resolution including matter specified in clause 1(b)(2) or (3) of rule X, headings for ``Rescissions'' and ``Transfers of Unexpended Balances'' in
it shall include-- any bill or resolution as reported from the committee under its
(A) in the bill or joint resolution, separate headings for jurisdiction specified in subparagraph (2) or (3), with all proposed
``Rescissions'' and ``Transfers of Unexpended Balances''; and rescissions and proposed transfers listed therein; and shall include a
(B) in the report of the committee, a separate section listing such separate section with respect to such rescissions or transfers in the
rescissions and transfers. accompanying committee report.
(g) Whenever the Committee on Rules reports a resolution proposing to Derived from clause 4(d), rule XI: (d) Whenever the Committee on Rules The existing clause 4(d), rule XI, the ``Ramseyer'' requirement showing
repeal or amend a standing rule of the House, it shall include in its reports a resolution repealing or amending any of the Rules of the House of changes in standing rules when reported by Rules Committee is transferred
report or in an accompanying document-- Representatives or part thereof it shall include in its report or in an to proposed clause 3(g), rule XIII as part of the consolidation of
accompanying document-- committee reporting requirements.
(1) the text of any rule or part thereof that is proposed to be (1) the text of any part of the Rules of the House of Representatives
repealed; and which is proposed to be repealed; and
(2) a comparative print of any part of the resolution proposing to amend (2) a comparative print of any part of the resolution making such an
the rule and of the rule or part thereof proposed to be amended, showing amendment and any part of the Rules of the House of Representatives to be
by appropriate typographical devices the omissions and insertions amended, showing by an appropriate typographical device the omissions and
proposed. insertions proposed to be made.
[[Page H129]]
(h)(1) It shall not be in order to consider a bill or joint resolution Derived from clause 2(l) of rule XI: (8) The report of the Committee on Proposed clause 3(h), rule XIII was added to the rules by the Internal
reported by the Committee on Ways and Means that proposes to amend the Ways and Means on any bill or joint resolution containing any provision Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206),
Internal Revenue Code of 1986 unless-- amending the Internal Revenue Code of 1986 shall include a Tax Complexity to be effective after January 1, 1999.
(A) the report includes a tax complexity analysis prepared by the Joint Analysis prepared by the Joint Committee on Taxation in accordance with
Committee on Internal Revenue Taxation in accordance with section 4022(b) section 4022(b) of the Internal Revenue Service Restructuring and Reform
of the Internal Revenue Service Restructuring and Reform Act of 1998; or Act of 1998 unless the Committee on Ways and Means causes to have such
(B) the chairman of the Committee on Ways and Means causes such a tax Analysis printed in the Congressional Record prior to the consideration of
complexity analysis to be printed in the Congressional Record before the bill or joint resolution.
consideration of the bill or joint resolution.
(2) A report from the Committee on Ways and Means on a bill or joint Derived from clause 7(e), rule XIII: (e)(1) A report from the Committee on
resolution designated by the Majority Leader, after consultation with the Ways and Means on a bill or joint resolution designated by the Majority
Minority Leader, as major tax legislation may include a dynamic estimate of Leader (after consultation with the Minority Leader) as major tax
the changes in Federal revenues expected to result from enactment of the legislation may include a dynamic estimate of the changes in Federal
legislation. The Joint Committee on Internal Revenue Taxation shall render revenues expected to result from enactment of the legislation. The Joint
a dynamic estimate of such legislation only in response to a timely request Committee on Taxation shall render a dynamic estimate of such legislation
from the chairman of the Committee on Ways and Means, after consultation only in response to a timely request from the chairman of the Committee on
with the ranking minority member. A dynamic estimate under this paragraph Ways and Means (after consultation with the ranking minority member of the
may be used only for informational purposes. committee). A dynamic estimate pursuant to this paragraph may be used only
for informational purposes.
(3) In this paragraph the term ``dynamic estimate'' means a projection (2) In this paragraph, ``dynamic estimate'' means a projection based in A dynamic revenue estimate of a Ways and Means reported bill or joint
based in any part on assumptions concerning probable effects of any part on assumptions concerning probable effects of macroeconomic resolution, now authorized in rule XIII, is transferred as a matter
macroeconomic feedback. A dynamic estimate shall include a statement feedback. A dynamic estimate shall include a statement identifying all such included in a committee report.
identifying all such assumptions. assumptions.
[[Page H130]]
Availability of reports
4. (a)(1) Except as specified in subparagraph (2), it shall not be in Derived from clause 2(l)(6), rule XI: (6) A measure or matter reported by The proposed clause 4, rule XIII on availability of committee reports is
order to consider in the House a measure or matter reported by a committee any committee (except the Committee on Rules in the case of a resolution transferred from existing clause 2(l)(6), rule XI with some simplification
until the third calendar day (excluding Saturdays, Sundays, or legal making in order the consideration of a bill, resolution, or other order of to eliminate duplicative statements of three-day requirements. The
holidays except when the House is in session on such a day) on which each business), shall not be considered in the House until the third calendar Appropriations Committee three-day rule currently contained in clause 7,
report of a committee on that measure or matter has been available to day (excluding Saturdays, Sundays, or legal holidays except when the House rule XXI is redundant and the availability requirements for that
Members, Delegates, and the Resident Commissioner. is in session on such a day) on which the report of that committee upon Committee's reports are merged into the general three-day rule in this
that measure or matter has been available to the Members of the House . . . clause, with the added requirement that printed hearings on general
appropriation bills also be available for three days. The exception from
the three-day requirement for funding resolutions reported from House
Oversight reflects the separate one-day availability rule there. The
exception for privileged resolutions reported from other committees is
refined to refer only to reported resolutions raising questions of the
privileges of the House, e.g., contempt resolutions, impeachment
resolutions and matters incidental thereto, and disciplinary resolutions
reported by the Standards Committee which are not presently covered by the
three-day rule. This proposed rule reflects present interpretation that
privileged resolutions of inquiry, for example, are covered by the three-
day rule, and that only questions of privilege which might need to be
immediately considered are exempt from the three-day rule.
The portion of existing clause 2(l)(6), rule XI permitting same day
consideration of resolutions reported from the Committee on Rules that only
waive availability requirements for committee reports is transferred to
proposed clause 6(a). The portion of existing clause 2(l)(6) requiring
reasonable efforts by reporting committees to have printed hearings
available prior to consideration of the reported measure is transferred to
proposed clause 4(b).
(2) Subparagraph (1) does not apply to-- Derived from clause 2(l)(6), rule XI: . . . This subparagraph shall not The exception from the general three-day availability rule for resolutions
(A) a resolution providing a rule, joint rule, or order of business apply to-- reported from the Committee on Rules is derived from existing clause 4(b),
reported by the Committee on Rules considered under clause 6; rule XI (proposed clause 6, rule XIII). The exception for resolutions
(B) a resolution providing amounts from the applicable accounts providing amounts from applicable accounts reported from the Committee on
described in clause 1(h)(1) of rule X reported by the Committee on House House Oversight is derived from clause 5, rule XI (proposed clause 6, rule
Oversight considered under clause 6 of rule X; X).
(C) a resolution presenting a question of the privileges of the House
reported by any committee;
(D) a measure for the declaration of war, or the declaration of a (A) any measure for the declaration of war, or the declaration of a
national emergency, by Congress; and national emergency, by the Congress; or
[[Page H131]]
(E) a measure providing for the disapproval of a decision, (B) any decision, determination, or action by a Government agency which
determination, or action by a Government agency that would become, or would become or continue to be, effective unless disapproved or otherwise
continue to be, effective unless disapproved or otherwise invalidated by invalidated by one or both Houses of Congress. For the purposes of the
one or both Houses of Congress. In this subdivision the term ``Government preceding sentence, a Government agency includes any department, agency,
agency'' includes any department, agency, establishment, wholly owned establishment, wholly owned Government corporation, or instrumentality of
Government corporation, or instrumentality of the Federal Government or the Federal Government or the government of the District of Columbia.
of the government of the District of Columbia.
(b) A committee that reports a measure or matter shall make every Derived from clause 2(l)(6), rule XI: . . . If hearings have been held on
reasonable effort to have its hearings thereon (if any) printed and any such measure or matter so reported, the committee reporting the measure
available for distribution to Members, Delegates, and the Resident or matter shall make every reasonable effort to have such hearings printed
Commissioner before the consideration of the measure or matter in the and available for distribution to the Members of the House prior to the
House. consideration of such measure or matter in the House.
(c) A general appropriation bill reported by the Committee on Derived from clause 7, rule XXI: 7. No general appropriation bill shall be The portion of existing clause 7, rule XXI requiring three-day
Appropriations may not be considered in the House until the third calendar considered in the House until printed committee hearings and a committee availability for committee reports on general appropriation bills is
day (excluding Saturdays, Sundays, and legal holidays except when the House report thereon have been available for the Members of the House for at subsumed by the general three-day availability rule in proposed clause
is in session on such a day) on which printed hearings of the Committee on least three calendar days (excluding Saturdays, Sundays, or legal holidays 4(a)(1). The portion of that existing rule requiring three-day availability
Appropriations thereon have been available to Members, Delegates, and the except when the House is in session on such a day). for printed committee hearings on general appropriation bills remains as
Resident Commissioner. proposed clause 4(c).
Derived from clause 4, rule XI:
Privileged reports, generally Privileged Reports and Amendments
5. (a) The following committees shall have leave to report at any time on 4. (a) The following committees shall have leave to report at any time on
the following matters, respectively: the matters herein stated, namely: The Committee on Appropriations-on
(1) The Committee on Appropriations, on general appropriation bills and general appropriation bills and on joint resolutions continuing
on joint resolutions continuing appropriations for a fiscal year after appropriations for a fiscal year if reported after September 15 preceding
September 15 in the preceding fiscal year. the beginning of such fiscal year; the Committee on the Budget--on the
(2) The Committee on the Budget, on the matters required to be reported matters required to be reported by such committee under Titles III and IV
by such committee under titles III and IV of the Congressional Budget Act of the Congressional Budget Act of 1974; the Committee on House Oversight--
of 1974. on enrolled bills, contested elections, and all matters referred to it of
(3) The Committee on House Oversight, on enrolled bills, on contested printing for the use of the House or the two Houses, and on all matters of
elections, on matters referred to it concerning printing for the use of expenditure of the applicable accounts of the House described in clause
the House or the two Houses, on expenditure of the applicable accounts of 1(h)(1) of rule X, and on all matters relating to preservation and
the House described in clause 1(h)(1) of rule X, and on matters relating availability of noncurrent records of the House under rule XXXVI; the
to preservation and availability of noncurrent records of the House under Committee on Rules--on rules, joint rules, and the order of business; and
rule VII. the Committee on Standards of Official Conduct--on resolutions recommending
(4) The Committee on Rules, on rules, joint rules, and the order of action by the House of Representatives with respect to an individual
business. Member, officer, or employee of the House of Representatives as a result of
(5) The Committee on Standards of Official Conduct, on resolutions any investigation by the committee relating to the official conduct of such
recommending action by the House with respect to a Member, Delegate, Member, officer, or employee of the House of Representatives.
Resident Commissioner, officer, or employee of the House as a result of
an investigation by the committee relating to the official conduct of
such Member, Delegate, Resident Commissioner, officer, or employee.
[[Page H132]]
(b) A report filed from the floor as privileged under paragraph (a) may be ............................................................................ Proposed paragraph (b) embodies current practice that privileged reports
called up as a privileged question by direction of the reporting committee, may be called up as privileged questions subject to the relevant
subject to any requirement concerning its availability to Members, availability rule.
Delegates, and the Resident Commissioner under clause 4 or concerning the
timing of its consideration under clause 6.
Privileged reports by the Committee on Rules
6. (a) A report by the Committee on Rules on a rule, joint rule, or the Derived from clause 4(b), rule XI: (b) It shall always be in order to call The authority of the Rules Committee to call up on the same day reported
order of business may not be called up for consideration on the same day it up for consideration a report from the Committee on Rules on a rule, joint amendment reported in disagreement, currently in clause 2(a) and (b), rule
is presented to the House except-- rule, or the order of business (except it shall not be called up for XXVIII, is carried here as it relates to privileged reports of that
(1) when so determined by a vote of two-thirds of the Members voting, a consideration on the same day it is presented to the House, unless so committee. This recodification transfers these availability requirements to
quorum being present; determined by a vote of not less than two-thirds of the Members voting, but clause 8 of rule XXII.
(2) in the case of a resolution proposing only to waive a requirement of this provision shall not apply during the last three days of the session), Proposed paragraph (c)(1) utilizes the convention that the Rules Committee
clause 4 or of clause 8 of rule XXII concerning the availability of and, pending the consideration thereof, the Speaker may entertain one may not report a rule setting aside Calendar Wednesday business by a vote
reports; or motion that the House adjourn; but after the result is announced the of less than two-thirds of the Members voting, a quorum being present.
(3) during the last three days of a session of Congress. Speaker shall not entertain any other dilatory motion until the report
(b) Pending the consideration of a report by the Committee on Rules on a shall have been fully disposed of. The Committee on Rules shall not report
rule, joint rule, or the order of business, the Speaker may entertain one any rule or order which provides that business under clause 7 of rule XXIV
motion that the House adjourn. After the result of such a motion is shall be set aside by a vote of less than two-thirds of the Members
announced, the Speaker may not entertain any other dilatory motion until present; nor shall it report any rule or order which would prevent the
the report shall have been disposed of. motion to recommit from being made as provided in clause 4 of rule XVI,
(c) The Committee on Rules may not report-- including a motion to recommit with instructions to report back an
(1) a rule or order proposing that business under clause 7 of rule XV be amendment otherwise in order (if offered by the Minority Leader or a
set aside by a vote of less than two-thirds of the Members voting, a designee), except with respect to a Senate bill or resolution for which the
quorum being present; text of a House-passed measure has been substituted.
(2) a rule or order that would prevent the motion to recommit a bill or
joint resolution from being made as provided in clause 2(b) of rule XIX,
including a motion to recommit with instructions to report back an
amendment otherwise in order, if offered by the Minority Leader or a
designee, except with respect to a Senate bill or resolution for which
the text of a House-passed measure has been substituted.
[[Page H133]]
(d) The Committee on Rules shall present to the House reports concerning Derived from clause 4(c), rule XI: (c) The Committee on Rules shall
rules, joint rules, and the order of business, within three legislative present to the House reports concerning rules, joint rules, and order of
days of the time when they are ordered. If such a report is not considered business, within three legislative days of the time when the bill or
immediately, it shall be referred to the calendar. If such a report on the resolution involved is ordered reported by the committee. If any such rule
calendar is not called up by the member of the committee who filed the or order is not considered immediately, it shall be referred to the
report within seven legislative days, any member of the committee may call calendar and, if not called up by the Member making the report within seven
it up as a privileged question on the day after the calendar day on which legislative days thereafter, any member of the Committee on Rules may call
the member announces to the House his intention to do so. The Speaker shall it up as a question of privilege (but only on the day after the calendar
recognize a member of the committee who rises for that purpose. day on which such Member announces to the House his intention to do so) and
the Speaker shall recognize any member of the Committee on Rules seeking
recognition for that purpose.
(e) An adverse report by the Committee on Rules on a resolution proposing If the Committee on Rules makes an adverse report on any resolution pending
a special order of business for the consideration of a public bill or before the committee, providing for an order of business for the
public joint resolution may be called up as a privileged question by a consideration by the House of any public bill or joint resolution, on days
Member, Delegate, or Resident Commissioner on a day when it is in order to when it shall be in order to call up motions to discharge committees it
consider a motion to discharge committees under clause 2 of rule XV. shall be in order for any Member of the House to call up for consideration
by the House such adverse report, and it shall be in order to move the
adoption by the House of such resolution adversely reported notwithstanding
the adverse report of the Committee on Rules, and the Speaker shall
recognize the Member seeking recognition for that purpose as a question of
the highest privilege.
(f) If the House has adopted a resolution making in order a motion to Derived from clause 2(l)(7), rule XI: If, within seven calendar days after Proposed paragraph (f) is infrequently utilized since most special orders
consider a bill or resolution, and such a motion has not been offered a measure has, by resolution, been made in order for consideration by the permitting consideration in Committee of the Whole give the Speaker
within seven calendar days thereafter, such a motion shall be privileged if House, no motion has been offered that the House consider that measure, any designation authority rather than requiring a motion. Thus this paragraph
offered by direction of all reporting committees having initial member of the committee which reported that measure may be recognized in is similar to existing mechanisms like morning hour (proposed clauses 4 and
jurisdiction of the bill or resolution. the discretion of the Speaker to offer a motion that the House shall 5, rule XIV) in that it is not currently utilized in modern practice but is
consider that measure, if that committee has duly authorized that member to not totally obsolete since it may still apply to measures to be considered
offer that motion. in the House. The Speaker has the discretion to recognize for such a motion
if properly authorized by all reporting committees of initial referral,
similar to proposed clause 1, rule XXII on motions to go to conference.
(g) Whenever the Committee on Rules reports a resolution providing for the Derived from clause 4(e), rule XI: (e) Whenever the Committee on Rules
consideration of a measure, it shall (to the maximum extent possible) reports a resolution providing for the consideration of any measure, it
specify in the resolution the object of any waiver of a point of order shall, to the maximum extent possible, specify in the resolution the object
against the measure or against its consideration. of any waiver of a point of order against the measure or against its
consideration.
[[Page H134]]
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the head of an Derived from clause 5, rule XXII: 5. All resolutions of inquiry addressed Existing clause 5, rule XXII regarding resolutions of inquiry, is
executive department may be filed from the floor as privileged. If such a to the heads of executive departments shall be reported to the House within transferred to proposed clause 7, rule XIII since it is more logical in the
resolution is not reported to the House within 14 legislative days after fourteen legislative days after presentation. rule on privileged reports than under the rule on introduction and
its introduction, a motion to discharge a committee from its consideration referral. The clause thus codifies its privileged status. The clause also
shall be privileged. retains the anomaly where one of two committees has reported, even
adversely, only the reporting committee can call up the resolution,
although the motion to discharge the other committee is privileged.
RULE XIV.
Derived from: RULE XXIV
ORDER AND PRIORITY OF BUSINESS. ORDER OF BUSINESS
1. The daily order of business (unless varied by the application of other 1. The daily order of business shall be as follows: Proposed rule XIV begins the chronological series of rules governing
rules and except for the disposition of matters of higher precedence) shall business in the full House. Rule XIV constitutes a transfer of those
be as follows: portions of current rule XXIV relating to general order of business
priorities and disposition of matters on the Speaker's table, and rule XV
becomes the rule providing for business in order only on certain days. As
the preface to the revised clause 1 suggests, the daily order of business
can be and often is varied by the application of other rules and by the
disposition of privileged motions disposing of matters of higher
precedence. While the ``morning hour'' rule (clause 4) is currently not
utilized in modern practice (other than morning hour debates) since the
order of business is normally determined by special orders or privileged
motions, nevertheless it remains available for the relatively few House
Calendar bills in the event that the House cannot, through the Rules
Committee or otherwise, determine its order of business. In clause 2,
relating to disposition of business from the Speaker's table, paragraph (c)
is modified to cross reference to provisions in clauses 1, 2 and 4 of rule
XXII which will govern motions to dispose of Senate amendments on the
Speaker's table and conference procedures. Paragraph (d) permits the motion
to dispose of Senate passed bills similar to House Calendar bills only when
authorized by all reporting committees of original referral (reflecting
modern multiple referral practices).
Clause 1 contains cross references to other clauses and reflects various
precedents which establish the relative priorities among the business
mentioned therein.
First. Prayer by the Chaplain. First. Prayer by the Chaplain.
Second. Reading and approval of the Journal, unless postponed under clause Second. Reading and approval of the Journal, unless postponed pursuant to
9(a) of Rule XX. the provisions of clause 5(b)(1) of the rule 1.
Third. The Pledge of Allegiance to the Flag. Third. The Pledge of Allegiance to the Flag.
Fourth. Correction of reference of public bills. Fourth. Correction of reference of public bills.
Fifth. Disposal of business on the Speaker's table as provided in clause Fifth. Disposal of business on the Speaker's table.
2.
[[Page H135]]
Sixth. Unfinished business as provided in clause 3. Sixth. Unfinished business.
Seventh. The morning hour for the consideration of bills called up by Seventh. The morning hour for the consideration of bills called up by
committees as provided in clause 4. committees.
Eighth. Motions that the House resolve into the Committee of the Whole Eighth. Motions to go into Committee of the Whole House on the state of
House on the state of the Union subject to clause 5. the Union.
Ninth. Orders of the day. Ninth. Orders of the day.
2. Business on the Speaker's table shall be disposed of as follows: 2. Business on the Speaker's table shall be disposed of as follows:
(a) Messages from the President shall be referred to the appropriate
committees without debate.
(b) Communications addressed to the House, including reports and Messages from the President shall be referred to the appropriate Motions to dispose of Senate amendments on the Speaker's table, currently
communications from heads of departments and bills, resolutions, and committees without debate. Reports and communications from heads of made in order under clause 2, are being transferred to rule XXII, Senate
messages from the Senate, may be referred to the appropriate committees departments, and other communications addressed to the House, and bills, amendments, and are now being cross referenced in paragraph (c).
in the same manner and with the same right of correction as public bills resolutions, and messages from the Senate may be referred to the
and public resolutions presented by Members, Delegates, or the Resident appropriate committees in the same manner and with the same right of
Commissioner. correction as public bills presented by Members; but House bills with
(c) Motions to dispose of Senate amendments on the Speaker's table may Senate amendments which do not require consideration in a Committee of the
be entertained as provided in clauses 1, 2, and 4 of rule XXII. Whole may be at once disposed of as the House may determine, as may also
(d) Senate bills and resolutions substantially the same as House Senate bills substantially the same as House bills already favorably
measures already favorably reported and not required to be considered reported by a committee of the House, and not required to be considered in
in the Committee of the Whole House on the state of the Union may be Committee of the Whole, be disposed of in the same manner on motion
disposed of by motion. Such a motion shall be privileged if offered by directed to be made by such committee.
direction of all reporting committees having initial jurisdiction of
the House measure.
3. Consideration of unfinished business in which the House may have been 3. The consideration of the unfinished business in which the House may be
engaged at an adjournment, except business in the morning hour and engaged at an adjournment, except business in the morning hour, shall be
proceedings postponed under clause 9 of rule XX, shall be resumed as soon resumed as soon as the business on the Speaker's table is finished, and at
as the business on the Speaker's table is finished, and at the same time the same time each day thereafter until disposed of, and the consideration
each day thereafter until disposed of. The consideration of all other of all other unfinished business shall be resumed whenever the class of
unfinished business shall be resumed whenever the class of business to business to which it belongs shall be in order under the rules.
which it belongs shall be in order under the rules.
4. After the unfinished business has been disposed of, the Speaker shall 4. After the unfinished business has been disposed of, the Speaker shall Clauses 4 and 5 on Morning Hour and motion to go into Committee of the
call each standing committee in regular order and then select committees. call each standing committee in regular order, and then select committees, Whole after one hour of morning hour business are not currently utilized in
Each committee when named may call up for consideration a bill or and each committee when named may call up for consideration any bill modern practice but are not totally obsolete.
resolution reported by it on a previous day and on the House Calendar. If reported by it on a previous day and on the House Calendar, and if the
the Speaker does not complete the call of the committees before the House Speaker shall not complete the call of the committees before the House
passes to other business, the next call shall resume at the point it left passes to other business, he shall resume the next call where he left off,
off, giving preference to the last bill or resolution under consideration. giving preference to the last bill under consideration: Provided, That
A committee that has occupied the call for two days may not call up another whenever any committee shall have occupied the morning hour on two days, it
bill or resolution until the other committees have been called in their shall not be in order to call up any other bill until the other committees
turn. have been called in their turn.
[[Page H136]]
5. After consideration of bills or resolutions under clause 4 for one 5. After one hour shall have been devoted to the consideration of bills
hour, it shall be in order, pending consideration thereof, to entertain a called up by committees, it shall be in order, pending consideration or
motion that the House resolve into the Committee of the Whole House on the discussion thereof, to entertain a motion to go into Committee of the Whole
state of the Union or, when authorized by a committee, that the House House on the state of the Union, or, when authorized by a committee, to go
resolve into the Committee of the Whole House on the state of the Union to into the Committee of the Whole House on the state of the Union to consider
consider a particular bill. Such a motion shall be subject to only one a particular bill, to which motion one amendment only, designating another
amendment designating another bill. If such a motion is decided in the bill, may be made; and if either motion be determined in the negative, it
negative, another such motion may not be considered until the matter that shall not be in order to make either motion again until the disposal of the
was pending when such motion was offered is disposed of. matter under consideration or discussion.
Derived from: RULE XXV Existing rule XXV on priority of business is more appropriate as a clause in
a rule on the order of business than as a separate rule, thus transferred
here as a new clause 6, rule XIV.
PRIORITY OF BUSINESS
6. All questions relating to the priority of business shall be decided by All questions relating to the priority of business shall be decided by a
a majority without debate. majority without debate.
RULE XV.
BUSINESS IN ORDER ON SPECIAL DAYS. Derived from: RULE XXVII
Suspensions, Mondays and Tuesdays CHANGE OR SUSPENSION OF RULES
1. (a) A rule may not be suspended except by a vote of two-thirds of the 1. No rule shall be suspended except by a vote of two-thirds of the Proposed rule XV combines all current rules relating to business in order
Members voting, a quorum being present. The Speaker may not entertain a Members voting, a quorum being present; nor shall the Speaker entertain a on special days in chronological order as follows: (clause 1) suspension of
motion that the House suspend the rules except on Mondays and Tuesdays and motion to suspend the rules except on Mondays and Tuesdays, and during the the rules every Monday and Tuesday (currently in rule XXVII); (clause.2)
during the last six days of a session of Congress. last six days of a session. motions on second and fourth Mondays to discharge committee and to call up
adverse reports from Committee on Rules (currently in rule XXVII) (clause
3); (clause 4) consideration on second and fourth Mondays of District of
Columbia business reported from Committee on Government Reform and
Oversight (currently in rule XXIV); (clause 5) call of the Private Calendar
on the first and third Tuesdays (currently in rule XXIV); (clause 6) call
of the Corrections Calendar on the second and fourth Tuesdays (currently in
rule XIII); (clause 7) Calendar Wednesday (currently in rule XXIV).
(b) Pending a motion that the House suspend the rules, the Speaker may 2. When a motion to suspend the rules has been submitted to the House, it Paragraph (b) is derived from existing clause 8, rule XVI.
entertain one motion that the House adjourn. After the result of such a shall be in order, before the final vote is taken thereon, to debate the
motion is announced, the Speaker may not entertain any other motion until proposition to be voted upon for forty minutes, one-half of such time to be
the vote is taken on the suspension. given to debate in favor of, and one-half to debate in opposition to, such
proposition; . . . [Remainder transferred to rule XIII]
(c) A motion that the House suspend the rules is debatable for 40 minutes, Derived from clause 8, rule XVI: 8. Pending a motion to suspend the rules,
one-half in favor of the motion and one-half in opposition thereto. the Speaker may entertain one motion that the House adjourn; but after the
result thereon is announced he shall not entertain any other motion until
the vote is taken on suspension.
[[Page H137]]
Discharge motions, second and fourth Mondays
2. (a) Motions to discharge committees shall be in order on the second and Derived from clause 3, rule XXVII: 3. A Member may present to the Clerk a ``Legislative'' days has been added consistent with precedents
fourth Mondays of a month. motion in writing to discharge a committee from the consideration of a interpreting the thirty and seven day requirements to be legislative day
(b)(1) A Member may present to the Clerk a motion in writing to discharge-- public bill or resolution which has been referred to it thirty days prior and not calendar day requirements.
thereto (but only one motion may be presented for each bill or resolution). A committee is discharged from consideration of a measure only when it
(A) a committee from consideration of a public bill or public resolution Under this rule it shall also be in order for a Member to file a motion to files its report or otherwise brings up it on the floor. Other types of
that has been referred to it for 30 legislative days; or discharge the Committee on Rules from further consideration of any committee activity, such as hearings, do not prevent the application of
(B) the Committee on Rules from consideration of a resolution that has resolution providing a special rule for the consideration of a public bill this rule.
been referred to it for seven legislative days and that proposes a or resolution reported by a standing committee, or a special rule for the
special order of business for the consideration of a public bill or consideration of a public bill or resolution which has remained in a
public resolution that has been reported by a standing committee or has standing committee thirty or more days without action: Provided, That a
been referred to a standing committee for 30 legislative days. Member may not file a motion to discharge the Committee on Rules from
(2) Only one motion may be presented for a bill or resolution. A Member consideration of a resolution providing for the consideration of more than
may not file a motion to discharge the Committee on Rules from one public bill or resolution, or admitting or effecting a nongermane
consideration of a resolution providing for the consideration of more than amendment to a public bill or resolution: Provided further, That said
one public bill or public resolution or admitting or effecting a nongermane resolution from which it is moved to discharge the Committee on Rules has
amendment to a public bill or public resolution. been referred to that committee at least seven days prior to the filing of
(c) A motion presented under paragraph (b) shall be placed in the custody the motion to discharge. The motion shall be placed in the custody of the
of the Clerk, who shall arrange a convenient place for the signatures of Clerk, who shall arrange some convenient place for the signature of
Members. A signature may be withdrawn by a Member in writing at any time Members. A signature may be withdrawn by a Member in writing at any time
before a motion is entered on the Journal. The Clerk shall make signatures before the motion is entered on the Journal. Once a motion to discharge has
a matter of public record, causing the names of the Members who have signed been filed, the Clerk shall make the signatures a matter of public record.
a discharge motion during a week to be published in a portion of the The Clerk shall cause the names of the Members who have signed a discharge
Congressional Record designated for that purpose on the last legislative motion during any week to be published in a portion of the Congressional
day of the week and making cumulative lists of such names available each Record designated for that purpose on the last legislative day of that
day for public inspection in an appropriate office of the House. The Clerk week. The Clerk shall make available each day for public inspection in an
shall devise a means for making such lists available to offices of the appropriate office of the House cumulative lists of such names. The Clerk
House and to the public in electronic form. When a majority of the total shall devise a means by which to make such lists available to offices of
membership of the House shall have signed the motion, it shall be entered the House and to the public in electronic form. When a majority of the
on the Journal, printed with the signatures thereto in the Record, and total membership of the House shall have signed the motion, it shall be
referred to the Calendar of Motions to Discharge Committees. entered on the Journal, printed with the signatures thereto in the
Congressional Record, and referred to the Calendar of Motions to Discharge
Committees.
[[Page H138]]
(d)(1) On the second and fourth Mondays of a month (except during the last On the second and fourth Mondays of each month, except during the last six
six days of a session of Congress), immediately after the Pledge of days of any session of Congress, immediately after the approval of the
Allegiance to the Flag, a motion to discharge that has been on the calendar Journal, any Member who has signed a motion to discharge which has been on
for at least seven legislative days shall be privileged if called up by a the calendar at least seven days prior thereto, and seeks recognition,
Member whose signature appears thereon. When such a motion is called up, shall be recognized for the purpose of calling up the motion, and the House
the House shall proceed to its consideration under this paragraph without shall proceed to its consideration in the manner herein provided without
intervening motion except one motion to adjourn. Privileged motions to intervening motion except one motion to adjourn. Recognition for the
discharge shall have precedence in the order of their entry on the Journal. motions shall be in the order in which they have been entered on the
Journal.
[[Page H139]]
(2) When a motion to discharge is called up, the bill or resolution to When any motion under this rule shall be called up, the bill or resolution
which it relates shall be read by title only. The motion is debatable for shall be read by title only. After twenty minutes' debate, one-half in
20 minutes, one-half in favor of the motion and one-half in opposition favor of the proposition and one-half in opposition thereto, the House
thereto. shall proceed to vote on the motion to discharge. If the motion prevails to
(e)(1) If a motion prevails to discharge the Committee on Rules from discharge the Committee on Rules from any resolution pending before the
consideration of a resolution, the House shall immediately consider the committee, the House shall immediately consider such resolution, the
resolution, pending which the Speaker may entertain one motion that the Speaker not entertaining any dilatory motion except one motion to adjourn,
House adjourn. After the result of such a motion to adjourn is announced, and, if such resolution is adopted, the House shall immediately proceed to
the Speaker may not entertain any other dilatory motion until the its execution. If the motion prevails to discharge one of the standing
resolution has been disposed of. If the resolution is adopted, the House committees of the House from any public bill or resolution pending before
shall immediately proceed to its execution. the committee, it shall then be in order for any Member who signed the
(2) If a motion prevails to discharge a standing committee from motion to move that the House proceed to the immediate consideration of
consideration of a public bill or public resolution, a motion that the such bill or resolution (such motion not being debatable), and such motion
House proceed to the immediate consideration of such bill or resolution is hereby made of high privilege; and if it shall be decided in the
shall be privileged if offered by a Member whose signature appeared on the affirmative, the bill shall be immediately considered under the general
motion to discharge. The motion to proceed is not debatable. If the motion rules of the House, and if unfinished before adjournment of the day on
to proceed is adopted, the bill or resolution shall be considered which it is called up it shall remain the unfinished business until it is
immediately under the general rules of the House. If unfinished before fully disposed of. Should the House by vote decide against the immediate
adjournment of the day on which it is called up, the bill or resolution consideration of such bill or resolution, it shall be referred to its
shall remain the unfinished business until it is disposed of. If the motion proper calendar and be entitled to the same rights and privileges that it
to proceed is rejected, the bill or resolution shall be referred to the would have had had the committee to which it was referred duly reported
appropriate calendar, where it shall have the same status as if the same to the House for its consideration: Provided, That when any perfected
committee from which it was discharged had duly reported it to the House. motion to discharge a committee from the consideration of any public bill
(f)(1) When a motion to discharge originated under this clause has once or resolution has once been acted upon by the House it shall not be in
been acted on by the House, it shall not be in order to entertain during order to entertain during the same session of Congress any other motion for
the same session of Congress-- the discharge from that committee of said measure, or from any other
(A) a motion to discharge a committee from consideration of that bill or committee of any other bill or resolution substantially the same, relating
resolution or of any other bill or resolution that, by relating in in substance to or dealing with the same subject matter, or from the
substance to or dealing with the same subject matter, is substantially Committee on Rules of a resolution providing a special order of business
the same; or for the consideration of any other such bill or resolution, in order that
(B) a motion to discharge the Committee on Rules from consideration of a such action by the House on a motion to discharge shall be res adjudicata
resolution providing a special order of business for the consideration of for the remainder of that session: Provided further, That if before any one
that bill or resolution or of any other bill or resolution that, by motion to discharge a committee has been acted upon by the House there are
relating in substance to or dealing with the same subject matter, is on the Calendar of Motions to Discharge Committees other motions to
substantially the same. discharge committees from the consideration of bills or resolutions
(2) A motion to discharge on the Calendar of Motions to Discharge substantially the same, relating in substance to or dealing with the same
Committees that is rendered out of order under subparagraph (1) shall be subject matter, after the House shall have acted on one motion to
stricken from that calendar. discharge, the remaining said motions shall be stricken from the Calendar
of Motions to Discharge Committees and not acted on during the remainder of
that session of Congress.
[[Page H140]]
Adverse report by the Committee on Rules, second and fourth Mondays
3. An adverse report by the Committee on Rules on a resolution proposing a Derived from clause 4(c), rule XI: If the Committee on Rules makes an Proposed clause 3 is derived from existing clause 4(c), rule XI and is
special order of business for the consideration of a public bill or public adverse report on any resolution pending before the committee, providing additional business in order on the second and fourth Mondays.
joint resolution may be called up under clause 6(e) of rule XIII as a for an order of business for the consideration by the House of any public
privileged question by a Member, Delegate, or Resident Commissioner on a bill or joint resolution, on days when it shall be in order to call up
day when it is in order to consider a motion to discharge committees under motions to discharge committees it shall be in order for any Member of the
clause 2. House to call up for consideration by the House such adverse report, and it
shall be in order to move the adoption by the House of such resolution
adversely reported notwithstanding the adverse report of the Committee on
Rules, and the Speaker shall recognize the Member seeking recognition for
that purpose as a question of the highest privilege.
District of Columbia business, second and fourth Mondays
4. The second and fourth Mondays of a month shall be set apart for the Derived from clause 8, rule XXIV: 8. The second and fourth Mondays in each
consideration of such District of Columbia business as may be called up by month, after the disposition of motions to discharge committees and after
the Committee on Government Reform and Oversight after the disposition of the disposal of such business on the Speaker's table as requires reference
motions to discharge committees and after the disposal of such business on only, shall, when claimed by the Committee on Government Reform and
the Speaker's table as requires reference only. Oversight, be set apart for the consideration of such business relating to
the District of Columbia as may be presented by said committee.
Private Calendar, first and third Tuesdays
5. (a) On the first Tuesday of a month, the Speaker shall direct the Clerk Derived from clause 6, rule XXIV: 6. On the first Tuesday of each month The Private Calendar rule is transferred from rule XXIV to proposed clause
to call the bills and resolutions on the Private Calendar after disposal of after disposal of such business on the Speaker's table as requires 5, rule XV as an order of business matter on special days. In clause 5(a),
such business on the Speaker's table as requires reference only. If two or reference only, the Speaker shall direct the Clerk to call the bills and the words ``before completion of the call of the Private Calendar'' were
more Members, Delegates, or the Resident Commissioner object to the resolutions on the Private Calendar. Should objection be made by two or added to clarify existing practice that the Private Calendar is to be given
consideration of a bill or resolution so called, it shall be recommitted to more Members to the consideration of any bill or resolution so called, it priority over other business on the first and third Tuesdays, but that
the committee that reported it. No other business shall be in order before shall be recommitted to the committee which reported the bill or other business can be conducted after the call of the Private Calendar or
completion of the call of the Private Calendar on this day unless two- resolution, and no reservation of objection shall be entertained by the if the call of the calendar is dispensed with by two-thirds vote. In clause
thirds of the Members voting, a quorum being present, agree to a motion Speaker. Such bills and resolutions, if considered, shall be considered in 5(b) language has been added to clarify that the call on a third Tuesday
that the House dispense with the call. the House as in the Committee of the Whole. No other business shall be in can also be dispensed with by a two-thirds vote. The ten minutes debate on
order on this day unless the House, by two-thirds vote on motion to a motion to dispense with the call is transferred to clause 5(c).
dispense therewith, shall otherwise determine. On such motion debate shall
be limited to five minutes for and five minutes against said motion.
[[Page H141]]
(b)(1) On the third Tuesday of a month, after the disposal of such On the third Tuesday of each month after the disposal of such business on
business on the Speaker's table as requires reference only, the Speaker may the Speaker's table as requires reference only, the Speaker may direct the
direct the Clerk to call the bills and resolutions on the Private Calendar. Clerk to call the bills and resolutions on the Private Calendar, preference
Preference shall be given to omnibus bills containing the texts of bills or to be given to omnibus bills containing bills or resolutions which have
resolutions that have previously been objected to on a call of the Private previously been objected to on a call of the Private Calendar. All bills
Calendar. If two or more Members, Delegates, or the Resident Commissioner and resolutions on the Private Calendar so called, if considered, shall be
object to the consideration of a bill or resolution so called (other than considered in the House as in the Committee of the Whole. Should objection
an omnibus bill), it shall be recommitted to the committee that reported be made by two or more Members to the consideration of any bill or
it. Two-thirds of the Members voting, a quorum being present, may adopt a resolution other than an omnibus bill, it shall be recommitted to the
motion that the House dispense with the call on this day. committee which reported the bill or resolution and no reservation of
objection shall be entertained by the Speaker.
(2) Omnibus bills shall be read for amendment by paragraph. No amendment Omnibus bills shall be read for amendment by paragraph, and no amendment
shall be in order except to strike or to reduce amounts of money or to shall be in order except to strike out or to reduce amounts of money stated
provide limitations. An item or matter stricken from an omnibus bill may or to provide limitations. Any item or matter stricken from an omnibus bill
not thereafter during the same session of Congress be included in an shall not thereafter during the same session of Congress be included in any
omnibus bill. Upon passage such an omnibus bill shall be resolved into the omnibus bill.
several bills and resolutions of which it is composed. The several bills Upon passage of any such omnibus bill, said bill shall be resolved into
and resolutions, with any amendments adopted by the House, shall be the several bills and resolutions of which it is composed, and such
engrossed, when necessary, and otherwise considered as passed severally by original bills and resolutions, with any amendments adopted by the House,
the House as distinct bills and resolutions. shall be engrossed, where necessary, and proceedings thereon had as if said
(c) The Speaker may not entertain a reservation of the right to object to bills and resolutions had been passed in the House severally.
the consideration of a bill or resolution under this clause. A bill or In the consideration of any omnibus bill the proceedings as set forth
resolution considered under this clause shall be considered in the House as above shall have the same force and effect as if each Senate and House bill
in the Committee of the Whole. A motion to dispense with the call of the or resolution therein contained or referred to were considered by the House
Private Calendar under this clause shall be privileged. Debate on such a as a separate and distinct bill or resolution.
motion shall be limited to five minutes in support and five minutes in
opposition.
Corrections Calendar, second and fourth Tuesdays Derived from clause 4, rule XIII:
6. (a) After a bill has been favorably reported and placed on either the 4. (a) After a bill has been favorably reported and placed on either the Existing clause 4, rule XIII providing for a call of the Corrections
Union or House Calendar, the Speaker, after consultation with the Minority Union or House Calendar, the Speaker may, after consultation with the Calendar on the second and fourth Tuesdays is transferred to the new rule
Leader, may direct the Clerk also to place the bill on the ``Corrections Minority Leader, file with the Clerk a notice requesting that such bill XV since it relates to business in order on special days.
Calendar.'' At any time on the second and fourth Tuesdays of a month, the also be placed upon a special calendar to be known as the ``Corrections
Speaker may direct the Clerk to call a bill that has been on the Calendar.'' At any time on the second and fourth Tuesdays of each month,
Corrections Calendar for three legislative days. the Speaker may direct the Clerk to call any bill that has been on the
Corrections Calendar for three legislative days.
[[Page H142]]
(b) A bill called from the Corrections Calendar shall be considered in the (b) A bill so called shall be considered in the House, shall be debatable
House, is debatable for one hour equally divided and controlled by the for one hour equally divided and controlled by the chairman and ranking
chairman and ranking minority member of the primary committee of minority member of the primary committee of jurisdiction reporting the
jurisdiction, and shall not be subject to amendment except those bill, and shall not be subject to amendment except those amendments
recommended by the primary committee of jurisdiction or offered by the recommended by the primary committee of jurisdiction or those offered by
chairman of the primary committee or a designee. The previous question the chairman of the primary committee or a designee. The previous question
shall be considered as ordered on the bill and any amendments thereto to shall be considered as ordered on the bill and any amendment thereto to
final passage without intervening motion except one motion to recommit with final passage without intervening motion except one motion to recommit with
or without instructions. or without instructions.
(c) The approval of three-fifths of the Members voting, a quorum being (c) A three-fifths vote of the Members voting shall be required to pass
present, shall be required to pass a bill called from the Corrections any bill called from the Corrections Calendar but the rejection of any such
Calendar. The rejection of a bill so called, or the sustaining of a point bill, or the sustaining of any point of order against it or its
of order against it or against its consideration, does not cause its consideration, shall not cause it to be removed from the Calendar to which
removal from the Calendar to which it was originally referred. it was originally referred.
Calendar Call of Committees, Wednesdays Derived from clause 7, rule XXIV:
7. (a) On Wednesday of each week, business shall not be in order before 7. On Wednesday of each week no business shall be in order except as Proposed clause 7, rule XV, the Calendar Wednesday rule, has been
completion of the call of the committees (except as provided by clause 4 of provided by clause 4 of this rule unless the House by a two-thirds vote on clarified to indicate that the House resolves into the Committee of the
rule XIV) unless two-thirds of the Members voting, a quorum being present, motion to dispense therewith shall otherwise determine. On such a motion Whole to consider Union calendar bills called up on Calendar Wednesday
agree to a motion that the House dispense with the call. Such a motion there may be debate not to exceed five minutes for and against. On a call without motion unless a Member raises the question of consideration
shall be privileged. Debate on such a motion shall be limited to five of committees under this rule bills may be called up from either the House (proposed clause 3 of rule XVI). No other business in order prior to
minutes in support and five minutes in opposition. or the Union Calendar, excepting bills which are privileged under the completion of call of the committees on Calendar Wednesday reflects the
(b) A bill or resolution on either the House or the Union Calendar, except rules; but bills called up from the Union Calendar shall be considered in current interpretation that other business can be conducted on Wednesdays
bills or resolutions that are privileged under the Rules of the House, may the Committee of the Whole House on the state of the Union. This rule shall after the committee have been called without a two-thirds vote being
be called under this clause. A bill or resolution called up from the Union not apply during the last 2 weeks of the session. It shall not be in order required. Cross references have also been revised and the super-majority
Calendar shall be considered in the Committee of the Whole House on the for the Speaker to entertain a motion for a recess on any Wednesday except voting requirements have been added for consistency.
state of the Union without motion, subject to clause 3 of rule XVI. General during the last 2 weeks of the session: Provided, That not more that 2
debate on a measure considered under this clause shall be confined to the hours of general debate shall be permitted on any measure called up on
measure and may not exceed two hours equally divided between a proponent Calendar Wednesday, and all debate must be confined to the subject matter
and an opponent. of the bill, the time to be equally divided between those for and against
(c) When a committee has occupied the call under this clause on one the bill: Provided further, That whenever any committee shall have occupied
Wednesday, it shall not be in order on a succeeding Wednesday to consider one Wednesday it shall not be in order, unless the House by a two-thirds
unfinished business previously called up by that committee until the other vote shall otherwise determine, to consider any unfinished business
committees have been called in their turn unless-- previously called up by such committee, unless the previous question had
(1) the previous question has been ordered on such unfinished business; or been ordered thereon, upon any succeeding Wednesday until the other
(2) the House adopts a motion to dispense with the call under paragraph committees have been called in their turn under this rule: Provided, That
(a). when, during any one session of a Congress, all of the committees of the
(d) If any committee has not been called under this clause during a House are not called under the Calendar Wednesday rule, at the next session
session of a Congress, then at the next session of that Congress the call of that Congress, the call shall commence where it left off at the end of
shall resume where it left off at the end of the preceding session. the preceding session.
[[Page H143]]
(e) This rule does not apply during the last two weeks of a session of
Congress.
(f) The Speaker may not entertain a motion for a recess on a Wednesday
except during the last two weeks of a session of Congress.
RULE XVI. Derived from rule XVI: RULE XVI
MOTIONS AND AMENDMENTS. ON MOTIONS, THEIR PRECEDENCE, ETC.
Motions
1. Every motion entertained by the Speaker shall be reduced to writing on 1. Every motion made to the House and entertained by the Speaker shall be Proposed rule XVI is a consolidation of various current rules relating to
the demand of a Member, Delegate, or Resident Commissioner and, unless it reduced to writing on the demand of any Member, and shall be entered on the procedural motions and questions in the House, and has been structured
is withdrawn the same day, shall be entered on the Journal with the name of Journal with the name of the Member making it, unless it is withdrawn the where possible to maintain current numberings of often cited rules such as
the Member, Delegate, or Resident Commissioner offering it. A dilatory same day. the precedence of motions (clause 4) and germaneness (clause 7). Beginning
motion may not be entertained by the Speaker. Derived from clause 10, rule XVI: 10. No dilatory motion shall be with rule XVI through rule XXII, the recodification presents procedures in
entertained by the Speaker. the House and in Committee of the Whole in a sequence generally reflecting
the various stages of consideration, debate, amendment, recommittal, voting
and House-Senate relations. In rule XVI, clauses 1 and 2 on motions and
clause 3 on the question of consideration remain the same, except that
existing clause 10 on dilatoriness of motions becomes the last sentence of
clause 1. In clause 4, provisions concerning the motion to recommit have
been transferred to rule XIX, consolidating all rules on the motion to
recommit and its relation to the motion for the previous question under
rule XIX, while retaining the ordinary motion to refer under clause 4 in
the general precedence of motions. The current clause 5 on journalizing the
time of adjournment has been moved to clause 2(c) rule II under duties of
the Clerk. Current clause 6 on division of the question has been moved
ahead to clause 5, combining the portion of existing clause 7 that deals
with nondivisibility of the motion to strike and insert. The proposed
clause 6 on amendments has been transferred from current rule XIX as all
treatment of amendments in the House belongs in one rule. The germaneness
rule remains as clause 7 since it is essential to maintain that citation
throughout the Precedents. Proposed clause 8 on readings of bills has been
transferred from current clause 1 of rule XXI since more logically related
to the sequence of motions generally and includes the question of
engrossment and third reading by title. In this clause, clarifications have
been made to reflect current practice of first reading in full in the
House, and second reading for amendment only in Committee of the Whole,
with a cross reference to the proposed clause 5 of rule XVII governing
consideration in Committee of the Whole.
[[Page H144]]
Withdrawal
2. When a motion is entertained, the Speaker shall state it or cause it to Derived from clause 2, rule XVI: 2. When a motion has been made, the
be read aloud by the Clerk before it is debated. The motion then shall be Speaker shall state it or (if it be in writing) cause it to be read aloud
in the possession of the House but may be withdrawn at any time before a by the Clerk before being debated, and it shall then be in possession of
decision or amendment thereon. the House, but may be withdrawn at any time before a decision or amendment.
Question of consideration
3. When a motion or proposition is entertained, the question, ``Will the 3. When any motion or proposition is made, the question, Will the House
House now consider it?'' may not be put unless demanded by a Member, now consider it? shall not be put unless demanded by a Member.
Delegate, or Resident Commissioner.
Precedence of motions
4. (a) When a question is under debate, only the following motions may be 4. When a question is under debate, no motion shall be received but to The Speaker may not entertain a motion for a recess during the call of
entertained (which shall have precedence in the following order): adjourn, to lay on the table, for the previous question (which motions committees on Calendar Wednesday (proposed clause 7(f) of rule XV).
(1) To adjourn. shall be decided without debate), to postpone to a day certain, to refer,
(2) To lay on the table. or to amend, or postpone indefinitely; which several motions shall have
(3) For the previous question. precedence in the foregoing order; and no motion to postpone to a day
(4) To postpone to a day certain. certain, to refer, or to postpone indefinitely, being decided, shall be
(5) To refer. again allowed on the same day at the same stage of the question . . .
(6) To amend. [Portion transferred to rule XIX] . . . It shall be in order at any time
(7) To postpone indefinitely. during a day for the Speaker, in his discretion, to entertain motions that
(b) A motion to adjourn, to lay on the table, or for the previous question (1) the Speaker be authorized to declare a recess; and (2) when the House
shall be decided without debate. A motion to postpone to a day certain, to adjourns it stand adjourned to a day and time certain. Either motion shall
refer, or to postpone indefinitely, being decided, may not be allowed again be of equal privilege with the motion to adjourn provided for in this
on the same day at the same stage of the question. clause and shall be determined without debate.
(c)(1) It shall be in order at any time for the Speaker, in his
discretion, to entertain a motion--
(A) that the Speaker be authorized to declare a recess; or
(B) that when the House adjourns it stand adjourned to a day and time
certain.
(2) Either motion shall be of equal privilege with the motion to adjourn ............................................................................ The requirement of existing clause 5, rule XVI that the Journal note the
and shall be decided without debate. hour of adjournment is transferred to proposed clause 2(c), rule II.
Divisibility
5. (a) Except as provided in paragraph (b), a question shall be divided on Derived from clause 6, rule XVI: 6. On the demand of any Member, before
the demand of a Member, Delegate, or Resident Commissioner before the the question is put, a question shall be divided if it includes
question is put if it includes propositions so distinct in substance that, propositions so distinct in substance that one being taken away a
one being taken away, a substantive proposition remains. substantive proposition shall remain: Provided, That any motion or
(b)(1) A motion or resolution to elect members to a standing committee of resolution to elect the members or any portion of the members of the
the House, or to a joint standing committee, is not divisible. standing committees of the House and the joint standing committees shall
(2) A resolution or order reported by the Committee on rules providing a not be divisible, nor shall any resolution or order reported by the
special order of business is not divisible. Committee on Rules, providing a special order of business be divisible.
[[Page H145]]
(c) A motion to strike and insert is not divisible, but rejection of a Derived from clause 7, rule XVI: 7. A motion to strike out and insert is Existing clause 7, rule XVI says ``a motion to strike out being lost shall
motion to strike does not preclude another motion to amend. indivisible, but a motion to strike out being lost shall neither preclude neither preclude amendment nor motion to strike out and insert". This is
amendment nor motion to strike out and insert; . . . [remainder in clause duplicative since a motion to strike out and insert is an amendment.
7, rule XVI]
Derived from rule XIX: RULE XIX
Amendments OF AMENDMENTS
6. When an amendable proposition is under consideration, a motion to amend When a motion or proposition is under consideration a motion to amend and
and a motion to amend that amendment shall be in order, and it also shall a motion to amend that amendment shall be in order, and it shall also be in
be in order to offer a further amendment by way of substitute for the order to offer a further amendment by way of substitute, to which one
original motion to amend, to which one amendment may be offered but which amendment may be offered, but which shall not be voted on until the
may not be voted on until the original amendment is perfected. An amendment original matter is perfected, but either may be withdrawn before amendment
may be withdrawn in the House at any time before a decision or amendment or decision is had thereon. Amendments to the title of a bill or resolution
thereon. An amendment to the title of a bill or resolution shall not be in shall not be in order until after its passage, and shall be decided without
order until after its passage or adoption and shall be decided without debate.
debate.
Germaneness Derived from clause 7, rule XVI: . . . and no motion or proposition on a
7. No motion or proposition on a subject different from that under subject different from that under consideration shall be admitted under
consideration shall be admitted under color of amendment. color of amendment.
Derived from clause 1, rule XXI: RULE XXI
Readings ON BILLS
8. Bills and joint resolutions are subject to readings as follows: 1. Bills and joint resolutions on their passage shall be read the first The proposed clause 8 on readings has been clarified to reflect current
(a) A first reading is in full when the bill or joint resolution is time by title and the second time in full, when, if the previous question practice in the House and in the Committee of the Whole for the actual
first considered. is ordered, the Speaker shall state, the question to be: Shall the bill be readings of bill and joint resolutions. There might be only two readings of
(b) A second reading occurs only when the bill or joint resolution is engrossed and read a third time? and, if decided in the affirmative, it bills considered in the House-the first reading at the time consideration
read for amendment in a Committee of the Whole House on the state of the shall be read the third time by title, and the question shall then be put begins (in full unless dispensed with), and the final reading by title just
Union under clause 5 of rule XVIII. upon its passage. prior to final passage upon engrossment. There are normally three readings
(c) A third reading precedes passage when the Speaker states the of bills considered in the Committee of the Whole. The first is upon
question: ``Shall the bill [or joint resolution] be engrossed [when initial consideration in the Committee, the second upon reading for
applicable] and read a third time?'' If that question is decided in the amendment after the completion of general debate, and the third by title
affirmative, then the bill or joint resolution shall be read the final after engrossment pending final passage in the House. Special rules from
time by title and then the question shall be put on its passage. the Rules Committee often waive the first reading in full in Committee of
the Whole and often vary the way the bill is read a second time for
amendment. The clause then restates the general House rules absent a
special variation from the Rules Committee or by unanimous consent.
RULE XVII Derived from: RULE XIV
DECORUM AND DEBATE. OF DECORUM AND DEBATE
[[Page H146]]
Decorum
1. (a) A Member, Delegate, or Resident Commissioner who desires to speak 1. When any Member desires to speak or deliver any matter to the House, he Proposed rule XVII becomes a consolidation of various rules governing
or deliver a matter to the House shall rise and respectfully address shall rise and respectfully address himself to ``Mr. Speaker", and, on decorum and debate, including the provisions currently in rule XIV, the use
himself to ``Mr. Speaker'' and, on being recognized, may address the House being recognized, may address the House from any place on the floor or from of exhibits currently in rule XXX and secret sessions currently in rule
from any place on the floor. When invited by the Chair, a Member, Delegate, the Clerk's desk, and shall confine himself to the question under debate, XXIX. The Chair under his power of recognition should have the ability to
or Resident Commissioner may speak from the Clerk's desk. avoiding personality. Debate may include references to actions taken by the control when members may speak from the Clerk's desk and thus the phrase
(b)(1) Remarks in debate shall be confined to the question under debate, Senate or by committees thereof which are a matter of public record, ``when invited by the Chair'' is added in clause 1(a). Existing clause 6 of
avoiding personality. references to the pendency or sponsorship in the Senate of bills, Rule XIV on the right to speak a second time is moved into clause 3 as
(2)(A) Except as provided in subdivision (B), debate may not include resolutions, and amendments, factual descriptions relating to Senate action paragraph (b), since relevant to the manager's or mover's right to close.
characterizations of Senate action or inaction, references to individual or inaction concerning a measure then under debate in the House, and
Members of the Senate, or quotations from Senate proceedings. quotations from Senate proceedings on a measure then under debate in the
(B) Debate may include references to actions taken by the Senate or by House and which are relevant to the making of legislative history
committees thereof that are a matter of public record; references to the establishing the meaning of that measure, but may not include
pendency or sponsorship in the Senate of bills, resolutions, and characterizations of Senate action or inaction, other references to
amendments; factual descriptions relating to Senate action or inaction individual Members of the Senate, or other quotations from Senate
concerning a measure then under debate in the House; and quotations from proceedings.
Senate proceedings on a measure then under debate in the House that are
relevant to the making of legislative history establishing the meaning of
that measure.
Recognition
2. When two or more Members, Delegates, or the Resident Commissioner rise 2. When two or more Members rise at once, the Speaker shall name the Clause 2 is clarified to apply to general debate in the House and in the
at once, the Speaker shall name the Member, Delegate, or Resident Member who is first to speak; and no Member shall occupy more than one hour Committee of the Whole and eliminates the ambiguity concerning standing
Commissioner who is first to speak. A Member, Delegate, or Resident in debate on any question in the House or in committee, except as further committees where only the five-minute rule applies.
Commissioner may not occupy more than one hour in debate on a question in provided in this rule.
the House or in the Committee of the Whole House on the state of the Union
except as otherwise provided in this rule.
Managing Debate
3. (a) The Member, Delegate, or Resident Commissioner who calls up a 3. The Member reporting the measure under consideration from a committee The ``leave of the House'' referred to in clause 3(b) should be read
measure may open and close debate thereon. When general debate extends may open and close, where general debate has been had thereon; and if it broadly to include unanimous consent requests and special orders from the
beyond one day, that Member, Delegate, or Resident Commissioner shall be shall extend beyond one day, he shall be entitled to one hour to close, Rules Committee. This clause is clarified to enhance the normal ability of
entitled to one hour to close without regard to the time used in opening. notwithstanding he may have used an hour in opening. the committee manager to close debate. The right of the manager (majority
(b) Except as provided in paragraph (a), a Member, Delegate, or Resident Derived from clause 6, rule XIV: 6. No Member shall speak more than once or minority) of the measure representing the committee position to close
Commissioner may not speak more than once to the same question without to the same question without leave of the House, unless he be the mover, controlled debate on an amendment is clarified also.
leave of the House. proposer, or introducer of the matter pending, in which case he shall be
(c) A manager of a measure who opposes an amendment thereto is entitled to permitted to speak in reply, but not until every Member choosing to speak
close controlled debate thereon. shall have spoken.
[[Page H147]]
Call to order
4. (a) If a Member, Delegate, or Resident Commissioner, in speaking or Derived from clause 4, rule XIV: 4. If any Member, in speaking or
otherwise, transgresses the Rules of the House, the Speaker shall, or a otherwise, transgress the rules of the House, the Speaker shall, or any
Member, Delegate, or Resident Commissioner may, call to order the offending Member may, call him to order; in which case he shall immediately sit down,
Member, Delegate, or Resident Commissioner, who shall immediately sit down unless permitted, on motion of another Member, to explain, and the House
unless permitted on motion of another Member, Delegate, or the Resident shall, if appealed to, decide on the case without debate; if the decision
Commissioner to explain. If a Member, Delegate, or Resident Commissioner is is in favor of the Member called to order, he shall be at liberty to
called to order, the Member, Delegate, or Resident Commissioner making the proceed, but not otherwise; and, if the case requires it, he shall be
call to order shall indicate the words excepted to, which shall be taken liable to censure or such punishment as the House may deem proper.
down in writing at the Clerk's desk and read aloud to the House.
(b) The Speaker shall decide the validity of a call to order. The House, 5. If a Member is called to order for words spoken in debate, the Member
if appealed to, shall decide the question without debate. If the decision calling him to order shall indicate the words excepted to, and they shall
is in favor of the Member, Delegate, or Resident Commissioner called to be taken down in writing at the Clerk's desk and read aloud to the House;
order, the Member, Delegate, or Resident Commissioner shall be at liberty but he shall not be held to answer, nor be subject to the censure of the
to proceed, but not otherwise. If the case requires it, an offending House therefor, if further debate or other business has intervened.
Member, Delegate, or Resident Commissioner shall be liable to censure or
such other punishment as the House may consider proper. A Member, Delegate,
or Resident Commissioner may not be held to answer a call to order, and may
not be subject to the censure of the House therefor, if further debate or
other business has intervened.
Comportment
5. When the Speaker is putting a question or addressing the House, a 7. While the Speaker is putting a question or addressing the House no
Member, Delegate, or Resident Commissioner may not walk out of or across Member shall walk out of or across the hall, nor, when a Member is
the Hall. When a Member, Delegate, or Resident Commissioner is speaking, a speaking, pass between him and the Chair; and during the session of the
Member, Delegate, or Resident Commissioner may not pass between the person House no Member shall wear his hat, or remain by the Clerk's desk during
speaking and the Chair. During the session of the House, a Member, the call of the roll or the counting of ballots or smoke upon the floor of
Delegate, or Resident Commissioner may not wear a hat or remain by the the House; and the Sergeant-at-Arms is charged with the strict enforcement
Clerk's desk during the call of the roll or the counting of ballots. A of this clause. Neither shall any person be allowed to smoke or to use any
person may not smoke or use any personal, electronic office equipment, personal, electronic office equipment (including cellular phones and
including cellular phones and computers, on the floor of the House. The computers) upon the floor of the House at any time.
Sergeant-at-Arms is charged with the strict enforcement of this clause.
Derived from rule XXX: RULE XXX
Exhibits USE OF EXHIBITS
6. When the use of an exhibit in debate is objected to by a Member, When the use of any exhibit in debate is objected to by any Member, it
Delegate, or Resident Commissioner, its use shall be decided without debate shall be determined without debate by a vote of the House.
by a vote of the House.
[[Page H148]]
Galleries
7. During a session of the House, it shall not be in order for a Member, 8. It shall not be in order for any Member to introduce to or to bring to Proposed clauses 7 and 8 are transferred from existing clauses 8 and 9 of
Delegate, or Resident Commissioner to introduce to or to bring to the the attention of the House during its sessions any occupant in the rule XIV.
attention of the House an occupant in the galleries of the House. The galleries of the House; nor may the Speaker entertain a request for the
Speaker may not entertain a request for the suspension of this rule by suspension of this rule by unanimous consent or otherwise.
unanimous consent or otherwise.
Congressional Record
8. (a) The Congressional Record shall be a substantially verbatim account 9. (a) The Congressional Record shall be a substantially verbatim account
of remarks made during the proceedings of the House, subject only to of remarks made during the proceedings of the House, subject only to
technical, grammatical, and typographical corrections authorized by the technical, grammatical, and typographical corrections authorized by the
Member, Delegate, or Resident Commissioner making the remarks. Member making the remarks involved.
(b) Unparliamentary remarks may be deleted only by permission or order of (b) Unparliamentary remarks may be deleted only by permission or order of
the House. the House.
(c) This clause establishes a standard of conduct within the meaning of (c) This clause establishes a standard of conduct within the meaning of
clause 3(a)(2) of rule XI. clause 4(e)(1)(B) of rule X.
Derived from rule XXIX: RULE XXIX
Secret sessions SECRET SESSION
9. When confidential communications are received from the President, or Whenever confidential communications are received from the President of
when the Speaker or a Member, Delegate, or Resident Commissioner informs the United States, or whenever the Speaker or any Member shall inform the
the House that he has communications that he believes ought to be kept House that he has communications which he believes ought to be kept secret
secret for the present, the House shall be cleared of all persons except for the present, the House shall be cleared of all persons except the
the Members, Delegates, Resident Commissioner, and officers of the House Members and officers thereof, and so continue during the reading of such
for the reading of such communications, and debates and proceedings communications, the debates and proceedings thereon, unless otherwise
thereon, unless otherwise ordered by the House. ordered by the House.
RULE XVIII. Derived from: RULE XXIII
THE COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION. OF COMMITTEES OF THE WHOLE HOUSE
Resolving into the Committee of the Whole
1. Whenever the House resolves into the Committee of the Whole House on 1. (a) In all cases, in forming a Committee of the Whole House, the Proposed rule XVIII is basically transferred from current rule XXIII,
the state of the Union, the Speaker shall leave the chair after appointing Speaker shall leave his chair after appointing a Member as Chairman to since Committee of the Whole procedures come chronologically prior to
a Chairman to preside. In case of disturbance or disorderly conduct in the preside, who shall, in case of disturbance or disorderly conduct in the motions for the previous question, recommittal, final passage and
galleries or lobby, the Chairman may cause the same to be cleared. galleries or lobby, have power to cause the same to be cleared. reconsideration which become rule XIX. The rule is reorganized to clarify
the first reading of bills in full (clause 5(a). Obsolete provisions such
as consideration of revenue bills and rivers and harbors bills, no longer
privileged, are stricken (existing clause 4). This rule maintains
provisions relating to voting and quorum procedures unique to Committee of
the Whole.
[[Page H149]]
2. (a) Except as provided in paragraph (b) and in clause 7 of rule XV, the Proposed clause 2(a) codifies the form of proceeding on a motion to
House resolves into the Committee of the Whole House on the state of the resolve into the Committee of the Whole except where a special order from
Union by motion. When such a motion is entertained, the Speaker shall put the Rules Committee authorizes the Speaker to declare the House resolved
the question without debate: ``Shall the House resolve itself into the into Committee of the Whole or under Calendar Wednesday business where the
Committee of the Whole House on the state of the Union for consideration of House resolves into Committee of the Whole to consider Union Calendar bills
this matter?'', naming it. without motion.
(b) After the House has adopted a resolution reported by the Committee on (b) After the House has adopted a special order of business resolution
Rules providing a special order of business for the consideration of a reported by the Committee on Rules providing for the consideration of a
measure in the Committee of the Whole House on the state of the Union, the measure in the Committee of the Whole House on the state of the Union, the
Speaker may at any time, when no question is pending before the House, Speaker may at any time within his discretion, when no question is pending
declare the House resolved into the Committee of the Whole for the before the House, declare the House resolved into the Committee of the
consideration of that measure without intervening motion, unless the Whole House on the state of the Union for the consideration of that measure
special order of business provides otherwise. without intervening motion, unless the resolution in question provides
otherwise.
Measures requiring initial consideration in the Committee of the Whole
3. All bills, resolutions, or Senate amendments (as provided in clause 3 Derived from clause 3, rule XXIII: 3. All motions or propositions Proposed clause 3 cross references clause 3 of rule XXII regarding Senate
of rule XXII) involving a tax or charge on the people, raising revenue, involving a tax or charge upon the people, all proceedings touching amendments requiring consideration in Committee of the Whole. This also
directly or indirectly making appropriations of money or property or appropriations of money, or bills making appropriations of money or conforms to definition of Union Calendar bills in proposed clause 1, rule
requiring such appropriations to be made, authorizing payments out of property, or requiring such appropriation to be made, or authorizing XIII defining propositions which must be considered in Committee of the
appropriations already made, releasing any liability to the United States payments out of appropriations already made, or releasing any liability to Whole. Ordinarily a bill requiring consideration in Committee will be so
for money or property, or referring a claim to the Court of Claims, shall the United States for money or property, or referring any claim to the considered under the terms of a special order of business from the Rules
be first considered in the Committee of the Whole House on the state of the Court of Claims, shall be first considered in a Committee of the Whole, and Committee. Alternatively, the need for Committee of the Whole may be
Union. A bill, resolution, or Senate amendment that fails to comply with a point of order under this rule shall be good at any time before the altered by consideration in the House by unanimous consent or by suspension
this clause is subject to a point of order against its consideration. consideration of a bill has commenced. of the rules.
Order of business
4. (a) Subject to subparagraph (b) business on the calendar of the 4. In Committees of the Whole House business on their calendars may be The last portion of the existing clause 4, rule XXIII giving priority to
Committee of the Whole House on the state of the Union may be taken up in taken up in regular order, or in such order as the committee may determine, motions to go into Committee of the Whole on revenue, general appropriation
regular order, or in such order as the Committee may determine, unless the unless the bill to be considered was determined by the House at the time of bills and rivers and harbors bills is deleted since revenue bills and
measure to be considered was determined by the House at the time of going into committee, but bills for raising revenue, general appropriation rivers and harbors bills are no longer privileged to be reported at any
resolving into the Committee of the Whole. bills, and bills for the improvement of rivers and harbors shall have time, that privilege having been removed by the Committee Reform Amendments
(b) Motions to resolve into the Committee of the Whole for consideration precedence. of 1974. General appropriation bills are given privilege under proposed
of bills and joint resolutions making general appropriations have clause 5, rule XIII. Hence the motion to resolve into the Committee of the
precedence under this clause. Whole for the purpose of considering general appropriation bills provided
in existing clause 9, rule XVI is unnecessary.
[[Page H150]]
Reading for amendment
5. (a) Before general debate commences on a measure in the Committee of 5. (a) When general debate is closed by order of the House, any Member Proposed clause 5 is clarified to describe first and second readings of
the Whole House on the state of the Union, it shall be read in full. When shall be allowed five minutes to explain any amendment he may offer, after bills in the Committee of the Whole. Proposed clause 8, rule XVI also
general debate is concluded or closed by order of the House, the measure which the Member who shall first obtain the floor shall be allowed to speak reflects current practice on readings in the House.
under consideration shall be read for amendment. A Member, Delegate, or five minutes in opposition to it, and there shall be no further debate
Resident Commissioner who offers an amendment shall be allowed five minutes thereon, but the same privilege of debate shall be allowed in favor of and
to explain it, after which the Member, Delegate, or Resident Commissioner against any amendment that may be offered to an amendment; and neither an
who shall first obtain the floor shall be allowed five minutes to speak in amendment nor an amendment to an amendment shall be withdrawn by the mover
opposition to it. There shall be no further debate thereon, but the same thereof unless by the unanimous consent of the committee. Upon the offering
privilege of debate shall be allowed in favor of and against any amendment of any amendment by a Member, when the House is meeting in the Committee of
that may be offered to an amendment. An amendment, or an amendment to an the Whole, the Clerk shall promptly transmit to the majority committee
amendment, may be withdrawn by its proponent only by the unanimous consent table five copies of the amendment and five copies to the minority
of the Committee of the Whole. committee table. Further, the Clerk shall deliver at least one copy of the
(b) When a Member, Delegate, or Resident Commissioner offers an amendment amendment to the majority cloak room and at least one copy to the minority
in the Committee of the Whole House on the state of the Union, the Clerk cloak room.
shall promptly transmit five copies of the amendment to the majority
committee table and five copies to the minority committee table. The Clerk
also shall deliver at least one copy of the amendment to the majority
cloakroom and at least one copy to the minority cloakroom.
[[Page H151]]
Quorum and voting
6. (a) A quorum of a Committee of the Whole House on the state of the Derived from clause 2, rule XXIII: 2. (a) A quorum of a Committee of the Proposed clause 6 clarifies that if the Chairman of the Committee of the
Union is 100 Members. The first time that a Committee of the Whole finds Whole shall consist of one hundred Members. The first time that a Committee Whole utilizes a notice quorum call the first time in the Committee of the
itself without a quorum during a day, the Chairman shall invoke the of the Whole finds itself without a quorum during any day, the Chairman Whole and a quorum appears, such quorum call counts and a subsequent point
procedure for a quorum call set forth in clause 2 of rule XX, unless he shall invoke the procedure for the call of the roll under clause 5 of rule of order cannot be made unless the Chair is putting the question to a vote.
elects to invoke an alternate procedure set forth in clause 3 or clause XV, unless, in his discretion, he orders a call of the Committee to be If a quorum is established on a recorded vote, that also counts as the
4(a) of rule XX. If a quorum appears, the Committee of the Whole shall taken by the procedure set forth in clause 1 or clause 2(b) of rule XV: first establishment of a quorum.
continue its business. If a quorum does not appear, the Committee of the Provided, That the Chairman may in his discretion refuse to entertain a
Whole shall rise, and the Chairman shall report the names of absentees to point of order that a quorum is not present during general debate only. If
the House. on such call, a quorum shall appear, the Committee shall continue its
(b)(1) The Chairman may refuse to entertain a point of order that a quorum business; but if a quorum does not appear, the Committee shall rise and the
is not present during general debate. Chairman shall report the names of the absentees to the House. After the
(2) After a quorum has once been established on a day, the Chairman may roll has been once called to establish a quorum during such day, the
entertain a point of order that a quorum is not present only when the Chairman may not entertain a point of order that a quorum is not present
Committee of the Whole House on the state of the Union is operating under unless the Committee is operating under the five-minute rule and the
the five-minute rule and the Chairman has put the pending proposition to a Chairman has put the pending motion or proposition to a vote; and if the
vote. Chairman sustains a point of order that a quorum is not present after
(3) Upon sustaining a point of order that a quorum is not present, the putting the question on such a motion or proposition, he may announce that
Chairman may announce that, following a regular quorum call under paragraph following a regular quorum call conducted pursuant to the previous
(a), the minimum time for electronic voting on the pending question shall provisions of this clause, he will reduce to not less than five minutes the
be five minutes. period of time within which a recorded vote on the pending question may be
(c) When ordering a quorum call in the Committee of the Whole House on the taken if such a vote is ordered. If, at any time during the conduct of any
state of the Union, the Chairman may announce an intention to declare that quorum call in a Committee of the Whole, the Chairman determines that a
a quorum is constituted at any time during the quorum call when he quorum is present, he may, in his discretion and subject to his prior
determines that a quorum has appeared. If the Chairman interrupts the announcement, declare that a quorum is constituted. Proceedings under the
quorum call by declaring that a quorum is constituted, proceedings under call shall then be considered as vacated, and the Committee shall not rise
the quorum call shall be considered as vacated, and the Committee of the but shall continue its sitting and resume its business.
Whole shall continue its sitting and resume its business.
(d) A quorum is not required in the Committee of the Whole House on the
state of the Union for adoption of a motion that the Committee rise.
(e) In the Committee of the Whole House on the state of the Union, the (b) In the Committee of the Whole, the Chair shall order a recorded vote
Chairman shall order a recorded vote on a request supported by at least 25 on request supported by at least twenty-five Members.
Members.
(f) In the Committee of the Whole House on the state of the Union, the (c) In the Committee of the Whole, the Chairman may, in his discretion,
Chairman may reduce to five minutes the minimum time for electronic voting reduce to not less than five minutes the period of time within which a
without any intervening business or debate on any or all pending amendments rollcall vote by electronic device may be taken without any intervening
after a recorded vote has been taken on the first pending amendment. business or debate on any or all pending amendments after the vote has been
taken on the first pending amendment.
[[Page H152]]
Dispensing with the reading of an amendment
7. It shall be in order in the Committee of the Whole House on the state Derived from clause 5(b), rule XXIII: (b) It shall be in order to move in The ``responsible staff member'' provisions in the existing rule have
of the Union to move that the Committee of the Whole dispense with the the Committee of the Whole to dispense with the reading of an amendment if never been used and are deleted as unworkable.
reading of an amendment that has been printed in the bill or resolution as the amendment has been printed in the bill as reported from a committee, or
reported by a committee, or an amendment that a Member, Delegate, or if any Member shall have caused the amendment to be printed in the
Resident Commissioner has caused to be printed in the Congressional Record. Congressional Record, and to be submitted to the Clerk, or to any
Such a motion shall be decided without debate. responsible staff member designated by the Chairman, of the reporting
committee or committees, at least one day prior to floor consideration, and
said motion shall be decided without debate.
Closing debate
8. (a) Subject to paragraph (b) at any time after the Committee of the Derived from clause 6, rule XXIII: 6. The committee may, by the vote of a The term ``portion'' in proposed clause 8 means the pending section,
Whole House on the state of the Union has begun five-minute debate on majority of the members present, at any time after the five minutes' debate title, or other subdivision of the measure, as the case may be. The five
amendments to any portion of a bill or resolution, it shall be in order to has begun upon proposed amendments to any section or paragraph of a bill, minutes for debate on a printed amendment would be unavailable for a
move that the Committee of the Whole close all debate on that portion of close all debate upon such section or paragraph or, at its election, upon dilatory amendment because the Chair would not recognize a member for the
the bill or resolution or on the pending amendments only. Such a motion the pending amendments only (which motion shall be decided without debate); offering of such an amendment under the general prohibition against
shall be decided without debate. The adoption of such a motion does not but this shall not preclude further amendment, to be decided without entertaining dilatory motions in proposed clause 1, rule XVI. Therefore,
preclude further amendment, to be decided without debate. debate. However, if debate is closed on any section or paragraph under this the rule need not address debatability of dilatory amendments.
(b) If the Committee of the Whole House on the state of the Union closes clause before there has been debate on any amendment which any Member shall
debate on any portion of a bill or resolution before there has been debate have caused to be printed in the Congressional Record at least one day
on an amendment that a Member, Delegate, or Resident Commissioner has prior to floor consideration of such amendment, the Member who caused such
caused to be printed in the Congressional Record at least one day before amendment to be printed in the Record shall be given five minutes in which
its consideration, the Member, Delegate, or Resident Commissioner who to explain such amendment, after which the first person to obtain the floor
caused the amendment to be printed in the Record shall be allowed five shall be given five minutes in opposition to it, and there shall be no
minutes to explain it, after which the Member, Delegate, or Resident further debate thereon; but such time for debate shall not be allowed when
Commissioner who shall first obtain the floor shall be allowed five minutes the offering of such amendment is dilatory. Material placed in the Record
to speak in opposition to it. There shall be no further debate thereon. pursuant to this provision shall indicate the full text of the proposed
(c) Material submitted for printing in the Congressional Record under this amendment, the name of the proponent Member, the number of the bill to
rule shall indicate the full text of the proposed amendment, the name of which it will be offered and the point in the bill or amendment thereto
the Member, Delegate, or Resident Commissioner proposing it, the number of where the amendment is intended to be offered, and shall appear in a
the bill or resolution to which it will be offered, and the point in the portion of the Record designated for that purpose. All amendments to a
bill or resolution or amendment thereto where the amendment is intended to specified measure submitted for printing in that portion of the Record
be offered. The amendment shall appear in a portion of the Record shall be given numerical designations in the order printed.
designated for that purpose. Amendments to a specified measure submitted
for printing in that portion of the Record shall be numbered in the order
printed.
[[Page H153]]
Striking the enacting clause
9. A motion that the Committee of the Whole House on the state of the Derived from clause 7, rule XXIII: 7. A motion to strike out the enacting Proposed clause 9 states the exact wording of the preferential motion that
Union rise and report a bill or resolution to the House with the words of a bill shall have precedence of a motion to amend, and, if ``the Committee rise and report the bill to the House with recommendation
recommendation that the enacting or resolving clause be stricken shall have carried, shall be considered equivalent to its rejection. Whenever a bill that the enacting clause or resolving clause be stricken out'' replaces the
precedence of a motion to amend, and, if carried in the House, shall is reported from a Committee of the Whole with an adverse recommendation current description of the ``motion to strike out the enacting clause",
constitute a rejection of the bill or resolution. Whenever a bill or and such recommendation is disagreed to by the House, the bill shall stand since the motion is only relevant in Committee of the Whole, has been
resolution is reported from the Committee of the Whole with such adverse recommitted to the said committee without further action by the House, but construed to be applicable to resolutions and should be stated in its
recommendation and the recommendation is rejected by the House, the bill or before the question of concurrence is submitted it is in order to entertain precise form.
resolution shall stand recommitted to the Committee of the Whole without a motion to refer the bill to any committee, with or without instructions,
further action by the House. Before the question of concurrence is and when the same is again reported to the House it shall be referred to
submitted, it shall be in order to move that the House refer the bill or the Committee of the Whole without debate.
resolution to a committee, with or without instructions. If a bill or
resolution is so referred, then when it is again reported to the House it
shall be referred to the Committee of the Whole without debate.
Concurrent resolution on the budget
10. (a) At the conclusion of general debate in the Committee of the Whole 8. At the conclusion of general debate in a Committee of the Whole on any
House on the state of the Union on a concurrent resolution on the budget concurrent resolution on the budget pursuant to section 305(a) of the
under section 305(a) of the Congressional Budget Act of 1974, the Congressional Budget Act of l974, the concurrent resolution shall be
concurrent resolution shall be considered as read for amendment. considered as having been read for amendment. It shall not be in order in
(b) It shall not be in order in the House or in the Committee of the Whole the House or in a Committee of the Whole to consider an amendment to a
House on the state of the Union to consider an amendment to a concurrent concurrent resolution on the budget, or any amendment to an amendment
resolution on the budget, or an amendment thereto, unless the concurrent thereto, unless the concurrent resolution as amended by such amendment or
resolution, as amended by such amendment or amendments-- amendments: (a) would be mathematically consistent (except to the extent
(1) would be mathematically consistent except as limited by paragraph that the amendment involved is limited by the third sentence of this
(c); and clause); and (b) would contain all the matter set forth in paragraphs (1)
(2) would contain all the matter set forth in paragraphs (1) through (5) through (5) of section 301(a) of the Congressional Budget Act of 1974. It
of section 301(a) of the Congressional Budget Act of 1974. shall not be in order in the House or in a Committee of the Whole to
(c)(1) Except as specified in subparagraph (2), it shall not be in order consider an amendment to a concurrent resolution on the budget, or any
in the House or in the Committee of the Whole House on the state of the amendment to an amendment thereto, which changes the amount of the
Union to consider an amendment to a concurrent resolution on the budget, or appropriate level of the public debt set forth in the concurrent resolution
an amendment thereto, that proposes to change the amount of the appropriate as reported; except that the amendments to achieve mathematical consistency
level of the public debt set forth in the concurrent resolution, as which are permitted under section 305(a)(6) of the Congressional Budget Act
reported. of 1974 may include an amendment, offered by or at the direction of the
(2) Amendments to achieve mathematical consistency under section 305(a)(5) Committee on the Budget, to adjust the amount of such level to reflect any
of the Congressional Budget Act of 1974, if offered by direction of the changes made in the other figures contained in the resolution.
Committee on the Budget, may propose to adjust the amount of the
appropriate level of the public debt set forth in the concurrent
resolution, as reported, to reflect changes made in other figures contained
in the concurrent resolution.
[[Page H154]]
Unfunded mandates
11. (a) In the Committee of the Whole House on the state of the Union, an Derived from clause 5(c), rule XXIII: (c)(1) In the Committee of the
amendment proposing only to strike an unfunded mandate from the portion of Whole, an amendment proposing only to strike an unfunded mandate from the
the bill then open to amendment, if otherwise in order, may be precluded portion of the bill then open to amendment, if otherwise in order, may be
from consideration only by specific terms of a special order of the House. precluded from consideration only by specific terms of a special order of
the House.
(b) In this clause the term ``unfunded mandate'' means a Federal (2) In this paragraph, ``unfunded mandate'' means a Federal
intergovernmental mandate the direct costs of which exceed the threshold intergovernmental mandate the direct costs of which exceed the threshold
otherwise specified for a reported bill or joint resolution in section otherwise specified for a reported bill or joint resolution in section
424(a)(1) of the Congressional Budget Act of 1974. 424(a)(1) of the Congressional Budget Act of 1974.
Applicability of Rules of the House
12. The Rules of the House are the rules of the Committee of the Whole Derived from clause 9, rule XXIII: 9. The rules of proceeding in the House
House on the state of the Union so far as applicable. shall be observed in Committees of the Whole House so far as they may be
applicable.
RULE XIX.
MOTIONS FOLLOWING THE AMENDMENT STAGE. Derived from: RULE XVII
Previous question PREVIOUS QUESTION
1. (a) There shall be a motion for the previous question, which, being 1. There shall be a motion for the previous question, which, being ordered In proposed rule XIX, all provisions governing the motion for the previous
ordered, shall have the effect of cutting off all debate and bringing the by a majority of Members voting, if a quorum be present, shall have the question and the motion to recommit and for the motion to reconsider are
House to a direct vote on the immediate question or questions on which it effect to cut off all debate and bring the House to a direct vote upon the transferred from current clause 4, rule XVI, from clause 1, rule XVII, and
has been ordered. Whenever the previous question has been ordered on an immediate question or questions on which it has been asked and ordered. The from rule XVIII respectively into one rule which generally governs House
otherwise debatable question on which there has been no debate, it shall be previous question may be asked and ordered upon a single motion, a series practice at final passage stage after Committee of the Whole consideration.
in order to debate that question for 40 minutes, equally divided and of motions allowable under the rules, or an amendment or amendments, or may Also, the provision requiring 40 minutes of debate where the previous
controlled by a proponent of the question and an opponent. The previous be made to embrace all authorized motions or amendments and include the question is ordered without debate is transferred from current clause 2 of
question may be moved and ordered on a single question, on a series of bill to its passage or rejection. rule XXVII to clause 1 of this rule. The provision currently in clause 2 of
questions allowable under the rules, or on an amendment or amendments, or Derived from clause 2, rule XXVII: . . . and the same right of debate rule XVII prohibiting calls of the House following the ordering of the
may embrace all authorized motions or amendments and include the bill or shall be allowed whenever the previous question has been ordered on any previous question unless the Speaker actually counts the absence of a
resolution to its passage, adoption, or rejection. proposition on which there has been no debate. quorum has been moved to clause 7(c) of rule XX as more appropriately a
quorum matter. In clause 3, the motion to reconsider may only be made by a
Member voting ``on the prevailing side'' rather than ``in the majority''
since a tie vote or one-third plus one on a constitutional amendment,
though not in the majority would be on the prevailing side.
(b) Incidental questions of order arising during the pendency of a motion Derived from clause 3, rule XVII: 3. All incidental questions of order
for the previous question shall be decided, whether on appeal or otherwise, arising after a motion is made for the previous question, and pending such
without debate. motion, shall be decided, whether on appeal or otherwise, without debate.
[[Page H155]]
Recommit
2. (a) After the previous question has been ordered on passage or adoption Derived from clause 1, rule XVII: It shall be in order, pending the motion The ``one'' motion to recommit specified in existing clause 4, rule XVI
of a measure, or pending a motion to that end, it shall be in order to move for, or after the previous question shall have been ordered on its passage, has been interpreted to mean that a proper motion to recommit remains
that the House recommit (or commit, as the case may be) the measure, with for the Speaker to entertain and submit a motion to commit, with or without available if prior motions are ruled out of order. The proposed rule
or without instructions, to a standing or select committee. For such a instructions, to a standing or select committee. eliminates ``one'' and the ambiguity. The source for the proper motion to
motion to recommit, the Speaker shall give preference in recognition to a Derived from clause 4, rule XVI: After the previous question shall have recommit is based on existing rule XVII.
Member, Delegate, or Resident Commissioner who is opposed to the measure. been ordered on the passage of a bill or joint resolution one motion to
(b) Except as provided in paragraph (c), if a motion that the House recommit shall be in order, and the Speaker shall give preference in
recommit a bill or joint resolution on which the previous question has been recognition for such purpose to a Member who is opposed to the bill or
ordered to passage includes instructions, it shall be debatable for 10 joint resolution. However, with respect to any motion to recommit with
minutes equally divided between the proponent and an opponent. instructions after the previous question shall have been ordered, it always
(c) On demand of the floor manager for the majority, it shall be in order shall be in order to debate such motion for ten minutes before the vote is
to debate the motion for one hour equally divided and controlled by the taken on that motion, except that on demand of the floor manager for the
proponent and an opponent. majority it shall be in order to debate such motion for one hour. One half
of any debate on such motions shall be given to debate by the mover of the
motion and one half to debate in opposition to the motion.
Derived from: RULE XVIII
Reconsideration RECONSIDERATION
3. When a motion has been carried or lost, it shall be in order on the 1. When a motion has been made and carried or lost, it shall be in order Entering the motion to reconsider and consideration of the motion are
same or succeeding day for a Member on the prevailing side of the question for any member of the majority, on the same or succeeding day, to move for separate propositions. One Member may enter the motion and another Member
to enter a motion for the reconsideration thereof. The entry of such a the reconsideration thereof, and such motion shall take precedence of all may call up the motion. The motion must be made or entered within the two-
motion shall take precedence over all other questions except the other questions except the consideration of a conference report or a motion day period allowed by the rule, but once entered remains pending
consideration of a conference report or a motion to adjourn, and may not be to adjourn, and shall not be withdrawn after the said succeeding day indefinitely.
withdrawn after such succeeding day without the consent of the House. Once without the consent of the House, and thereafter any Member may call it up
entered, a motion may be called up for consideration by any Member. During for consideration: Provided, That such motion, if made during the last six
the last six days of a session of Congress, such a motion shall be disposed days of a session, shall be disposed of when made.
of when entered.
4. A bill, petition, memorial, or resolution referred to a committee, or 2. No bill, petition, memorial, or resolution referred to a committee, or The last portion of existing clause 2, rule XVIII regarding the printing
reported therefrom for printing and recommitment, may not be brought back reported therefrom for printing and recommitment, shall be brought back of reported bills has been eliminated since proposed clause 2, rule XIII
to the House on a motion to reconsider. into the House on a motion to reconsider; and all bills, petitions, already requires the printing of committee reports.
memorials, or resolutions reported from a committee shall be accompanied by
reports in writing, which shall be printed.
RULE XX.
VOTING AND QUORUM CALLS.
[[Page H156]]
1. (a) The House shall divide after the Speaker has put a question to a Derived from clause 5(a), rule I: . . . if he doubts, or a division is In proposed rule XX, all quorum and voting procedures have been
vote by voice as provided in clause 6 of rule I if the Speaker is in doubt called for, the House shall divide; those in the affirmative of the consolidated from existing rule I and rule XV except those unique to the
or division is demanded. Those in favor of the question shall first rise question shall first rise from their seats, and then those in the negative. Committee of the Whole. Existing provisions in clause 5 of rule I
from their seats to be counted, and then those opposed. If any Member requests a recorded vote and that request is supported by at concerning the Speaker's duties as to procedures for division and recorded
(b) If a Member, Delegate, or Resident Commissioner requests a recorded least one-fifth of a quorum, such vote shall be taken by electronic device, votes are moved to clause 1. ``Rollcall votes'' are now described generally
vote, and that request is supported by at least one-fifth of a quorum, the unless the Speaker in his discretion orders clerks to tell the names of as ``record votes'', and are defined in clauses 2, 3 and 4 to include the
vote shall be taken by electronic device unless the Speaker invokes another those voting on each side of the question, and such names shall be recorded normal electronic vote, and also votes by backup procedures of rollcall or
procedure for recording votes provided in this rule. A recorded vote taken by electronic device or by clerks, as the case may be, and shall be entered by recorded tellers. Authority to postpone votes and to order five minute
in the House under this paragraph shall be considered a vote by the yeas in the Journal, together with the names of those not voting. A recorded votes is also transferred to new clauses 9 and 10. In clause 7 (currently
and nays. vote taken pursuant to this paragraph shall be considered a vote by the clause 6(e) of rule XV), the Speaker is foreclosed from entertaining a
(c) In case of a tie vote, a question shall be lost. yeas and nays. Members shall have not less than fifteen minutes to be point of order unless a proposition has been put to a vote. This being the
counted from the ordering of the recorded vote or the ordering of clerks to case, those provisions currently in clause 6 (a), (c), and (d) of rule XV
tell the vote. which foreclose points of no quorum at certain designated times during the
legislative process (e.g., before the prayer, during oath of office,
reception of messages) are already obsolete and are therefore stricken,
since overtaken by the more general prohibition in clause 6(e).
2. (a) Unless the Speaker directs otherwise, the Clerk shall conduct a Derived from clause 5(a), rule XV: 5. (a) Unless, in his discretion, the
record vote or quorum call by electronic device. In such a case the Clerk Speaker orders the calling of the names of Members in the manner provided
shall enter on the Journal and publish in the Congressional Record, in for under the preceding provisions of this rule, upon any roll call or
alphabetical order in each category, the names of Members recorded as quorum call the names of such Members voting or present shall be recorded
voting in the affirmative, the names of Members recorded as voting in the by electronic device. In any such case, the Clerk shall enter in the
negative, and the names of Members answering present as if they had been Journal and publish in the Congressional Record, in alphabetical order in
called in the manner provided in clause 3. Except as otherwise permitted each category, a list of names of those Members recorded as voting in the
under clause 9 or 10 of this rule or under clause 6 of rule XVIII, the affirmative, of those Members recorded as voting in the negative, and of
minimum time for a record vote or quorum call by electronic device shall be those Members answering present, as the case may be, as if their names had
15 minutes. been called in the manner provided for under such preceding provisions.
Members shall have not less than fifteen minutes from the ordering of the
roll call or quorum call to have their vote or presence recorded.
[[Page H157]]
(b) When the electronic voting system is inoperable or is not used, the Proposed clause 2(b) consolidates alternative back-up quorum or voting
Speaker or Chairman may direct the Clerk to conduct a record vote or quorum procedures (either by rollcall authorized by existing clause 1, rule XV or
call as provided in clause 3 or 4. clerk-tellers authorized by existing clause 2(b), rule XV) to make clear
that the Speaker has discretion as to which backup procedure to utilize.
3. The Speaker may direct the Clerk to conduct a record vote or quorum Derived from clause 1, rule XV: 1. Subject to clause 5 of this rule, upon
call by call of the roll. In such a case the Clerk shall call the names of every roll call the names of the Members shall be called alphabetically by
Members, alphabetically by surname. When two or more have the same surname, surname, except when two or more have the same surname, in which case the
the name of the State (and, if necessary to distinguish among Members from name of the State shall be added; and if there be two such Members from the
the same State, the given names of the Members) shall be added. After the same State, the whole name shall be called, and after the roll has been
roll has been called once, the Clerk shall call the names of those not once called, the Clerk shall call in their alphabetical order the names of
recorded, alphabetically by surname. Members appearing after the second those not voting. Members appearing after the second call, but before the
call, but before the result is announced, may vote or announce a pair. result is announced, may vote or announce a pair.
4. (a) The Speaker may direct a record vote or quorum call to be conducted Derived from clause 2(b), rule XV: (b) Subject to clause 5 of this rule,
by tellers. In such a case the tellers named by the Speaker shall record when a call of the House in the absence of a quorum is ordered, the Speaker
the names of the Members voting on each side of the question or record shall name one or more clerks to tell the Members who are present. The
their presence, as the case may be, which the Clerk shall enter on the names of those present shall be recorded by such clerks, and shall be
Journal and publish in the Congressional Record. Absentees shall be noted, entered in the Journal and the absentees noted, but the doors shall not be
but the doors may not be closed except when ordered by the Speaker. The closed except when so ordered by the Speaker. Members shall have not less
minimum time for a record vote or quorum call by tellers shall be 15 than fifteen minutes from the ordering of a call of the House to have their
minutes. presence recorded.
(b) On the demand of a Member, or at the suggestion of the Speaker, the Derived from clause 3, rule XV: 3. On the demand of any Member, or at the
names of Members sufficient to make a quorum in the Hall of the House who suggestion of the Speaker, the names of Members sufficient to make a quorum
do not vote shall be noted by the Clerk, entered on the Journal, reported in the Hall of the House who do not vote shall be noted by the Clerk and
to the Speaker with the names of the Members voting, and be counted and recorded in the Journal, and reported to the Speaker with the names of the
announced in determining the presence of a quorum to do business. Members voting, and be counted and announced in determining the presence of
a quorum to do business.
5. (a) In the absence of a quorum, a majority comprising at least 15 Derived from clause 2(a), rule XV: 2. (a) In the absence of a quorum,
Members, which may include the Speaker, may compel the attendance of absent fifteen Members, including the Speaker, if there is one, shall be
Members. authorized to compel the attendance of absent Members; and those for whom
(b) Subject to clause 7(b) a majority of those present may order the no sufficient excuse is made may, by order of a majority of those present,
Sergeant-at-Arms to send officers appointed by him to arrest those Members subject to clause 6(e)(2) of this rule be sent for and arrested, wherever
for whom no sufficient excuse is made and shall secure and retain their they may be found, by officers to be appointed by the Sergeant-at-Arms for
attendance. The House shall determine on what condition they shall be that purpose, and their attendance secured and retained; and the House
discharged. Unless the House otherwise directs, the Members who voluntarily shall determine upon what condition they shall be discharged. Members who
appear shall be admitted immediately to the Hall of the House and shall voluntarily appear shall, unless the House otherwise direct, be immediately
report their names to the Clerk to be entered on the Journal as present. admitted to the Hall of the House, and they shall report their names to the
Clerk to be entered upon the Journal as present.
[[Page H158]]
6. (a) When a quorum fails to vote on a question, a quorum is not present, Derived from clause 4, rule XV: 4. Subject to clause 5 of this rule,
and objection is made for that cause (unless the House shall adjourn)-- whenever a quorum fails to vote on any question, and a quorum is not
(1) there shall be a call of the House; present and objection is made for that cause, unless the House shall
(2) the Sergeant-at-Arms shall proceed forthwith to bring in absent adjourn there shall be a call of the House, and the Sergeant-at-Arms shall
Members; and forthwith proceed to bring in absent Members, and the yeas and nays on the
(3) the yeas and nays on the pending question shall at the same time be pending question shall at the same time be considered as ordered. The Clerk
considered as ordered. shall call the roll, and each Member as he answers to his name may vote on
(b) The Clerk shall record Members by the yeas and nays on the pending the pending question, and, after the roll call is completed, each Member
question, using such procedure as the Speaker may invoke under clause 2, 3, arrested shall be brought by the Sergeant-at-Arms before the House,
or 4. Each Member arrested under this clause shall be brought by the whereupon he shall be noted as present, discharged from arrest and given an
Sergeant-at-Arms before the House, whereupon he shall be noted as present, opportunity to vote and his vote shall be recorded. If those voting on the
discharged from arrest, and given an opportunity to vote; and his vote question and those who are present and decline to vote shall together make
shall be recorded. If those voting on the question and those who are a majority of the House, the Speaker shall declare that a quorum is
present and decline to vote together make a majority of the House, the constituted, and the pending question shall be decided as the majority of
Speaker shall declare that a quorum is constituted, and the pending those voting shall appear. And thereupon further proceedings under the call
question shall be decided as the requisite majority of those voting shall shall be considered as dispensed with. At any time after the roll call has
have determined. Thereupon further proceedings under the call shall be been completed, the Speaker may entertain a motion to adjourn, if seconded
considered as dispensed with. by a majority of those present, to be ascertained by actual count by the
(c) At any time after Members have had the requisite opportunity to Speaker; and if the House adjourns, all proceedings under this section
respond by the yeas and nays, but before a result has been announced, the shall be vacated.
Speaker may entertain a motion that the House adjourn if seconded by a
majority of those present, to be ascertained by actual count by the
Speaker. If the House adjourns on such a motion, all proceedings under this
clause shall be considered as vacated.
7. (a) The Speaker may not entertain a point of order that a quorum is not Derived from clause 6, rule XV: 6. (a) It shall not be in order to make or The provisions of existing clause 6(a), (c), and (d), rule XV are made
present unless a question has been put to a vote. entertain a point of order that a quorum is not present: unnecessary since the proposed clause 7, rule XV (from existing clause
(b) Subject to paragraph (c) the Speaker may recognize a Member, Delegate, (1) before or during the offering of prayer; 6(e)) controls all these situations and they need not be spelled out
or Resident Commissioner to move a call of the House at any time. When a (2) during the administration of the oath of office to the Speaker or separately. Since the Speaker cannot entertain points of no quorum unless
quorum is established pursuant to a call of the House, further proceedings Speaker pro tempore or a Member, Delegate, or Resident Commissioner; he is putting the question to a vote in the House, other prohibitions as to
under the call shall be considered as dispensed with unless the Speaker (3) during the reception of any message from the President of the United specific times at which point of no quorum cannot be entertained are
recognizes for a motion to compel attendance of Members under clause 5(b). States or the United States Senate; and confusing and unnecessary. The statement in existing clause 6(b), rule XV
(c) A call of the House shall not be in order after the previous question (4) during the offering, consideration, and disposition of any motion that a quorum is not required to agree to a motion that the Committee of
is ordered unless the Speaker determines by actual count that a quorum is incidental to a call of the House. the Whole rise is transferred to proposed clause 6(d), rule XVIII which
not present. (b) A quorum shall not be required in Committee of the Whole for agreement governs proceedings in Committee of the Whole.
to a motion that the Committee rise.
(c) After the presence of a quorum is once ascertained on any day on which
the House is meeting, a point of order of no quorum may not be made or
entertained--
(1) during the reading of the Journal;
(2) during the period after a Committee of the Whole has risen after
completing its consideration of a bill or resolution and before the
Chairman of the Committee has reported the bill or resolution back to the
House; and
[[Page H159]]
(3) during any period of a legislative day when the Speaker is recognizing
Members (including a Delegate or Resident Commissioner) to address the
House under special orders, with no measure or matter then under
consideration for disposition by the House.
(d) When the presence of a quorum is ascertained, a further point of order
that a quorum is not present may not thereafter be made or entertained
until additional business intervenes. For purposes of this paragraph, the
term ``business'' does not include any matter, proceeding, or period
referred to in paragraph (a), (b), or (c) of this clause for which a quorum
is not required or a point of order of no quorum may not be made or
entertained.
(e)(1) Except as provided by subparagraph (2), it shall not be in order to
make or entertain a point of order that a quorum is not present unless the
Speaker has put the pending motion or proposition to a vote.
(2) Notwithstanding subparagraph (1), it shall always be in order for a
Member to move a call of the House when recognized for that purpose by the
Speaker, and when a quorum has been established pursuant to a call of the
House, further proceedings under the call shall be considered as dispensed
with unless the Speaker, in his discretion, recognizes for a motion under
clause (2)(a) of this rule or for a motion to dispense with further
proceedings under the call.
Derived from clause 2, rule XVII: 2. A call of the House shall not be in
order after the previous question is ordered, unless it shall appear upon
an actual count by the Speaker that a quorum is not present.
Pairs
8. Pairs shall be announced by the Clerk from a list signed by the Members Derived from clause 2, rule VIII: 2. Pairs shall be announced by the Clerk Proposed clause 8, rule XV, announcement of pairs by the Clerk, is moved
entering them immediately before the Chair announces the result of a vote immediately before the announcement by the Chair of the result of the vote, from clause 2, rule VIII, duties of Members. The last sentence providing
by the House or Committee of the Whole House on the state of the Union. The by the House or Committee of the Whole from a written list furnished him, that pairs shall be announced only once during a legislative day has been
Clerk shall publish the list in the Congressional Record as a part of the and signed by the Member making the statement to the Clerk, which list deleted as unnecessary since pairs are not announced at all in modern
proceedings immediately following the names of those not voting. shall be published in the Record as a part of the proceedings, immediately practice.
following the names of those not voting. However, pairs shall be announced
but once during the same legislative day.
Postponement of proceedings
9. (a)(1) When a recorded vote is ordered, or the yeas and nays are Derived from clause 5, rule I: (b)(1) On any legislative day whenever a Proposed clause 9, rule XV is moved from clause 5, rule I since the
ordered, or a vote is objected to under clause 6 on any of the questions recorded vote is ordered or the yeas and nays are ordered, or a vote is Speaker's authority to postpone certain votes logically belongs in the
specified in subparagraph (2), the Speaker may postpone further proceedings objected to under clause 4 of rule XV on any of the following questions, voting rule.
on that question to a designated place in the legislative schedule on that the Speaker may, in his discretion, postpone further proceedings on each
legislative day (in the case of the question of agreeing to the Speaker's such question to a designated time or place in the legislative schedule on
approval of the Journal) or within two legislative days (in the case of any that legislative day in the case of the question of agreeing to the
other question). Speaker's approval of the Journal, or within two legislative days, in the
case of the other questions listed herein:
[[Page H160]]
(2) The questions described in the subparagraph (1) are as follows:
(A) The question of passing a bill or joint resolution. (A) the question of adopting a resolution;
(B) The question of adopting a resolution or concurrent resolution. (B) the question of passing a bill;
(C) The question of agreeing to a motion to instruct managers on the (C) the question of agreeing to a motion to instruct conferees as provided
part of the House under clause 7(c) of rule XXII (except that proceedings in clause 1(c) of rule XXVIII: Provided, however, That proceedings shall
may not resume on such a question if the managers have filed a report in not resume on said question if the conferees have filed a report in the
the House). House;
(D) The question of agreeing to a conference report. (D) the question of agreeing to a conference report;
(E) The question of agreeing to a motion to recommit a bill considered (E) the question of agreeing to a motion to recommit a bill considered
under clause 6 of rule XV. pursuant to clause 4 of rule XIII;
(F) The question of ordering the previous question on a question (F) the question of ordering the previous question on a question described
described in subdivision (A), (B), (C), (D), or (E). in subdivision (A), (B), (C), (D), or (E);
(G) The question of agreeing to an amendment to a bill considered under (G) the question of agreeing to an amendment to a bill considered pursuant
clause 6 of rule XV. to clause 4 of rule XIII; and
(H) The question of agreeing to a motion to suspend the rules. (H) the question of agreeing to a motion to suspend the rules.
(b) At the time designated by the Speaker for further proceedings on (2) At the time designated by the Speaker for further consideration of
questions postponed under paragraph (a), the Speaker shall resume proceedings postponed under subparagraph (1), the Speaker shall put each
proceedings on each postponed question in the order in which it was question on which further proceedings were postponed, in the order in which
considered. that question was considered.
(c) After a record vote on a question on which proceedings were postponed (3) At any time after the vote has been taken on the first question on
under this clause, the Speaker may reduce to five minutes the minimum time which the Speaker has postponed further proceedings under this paragraph,
for a record vote on any other such question on which proceedings resume the Speaker may, in his discretion, reduce to not less than five minutes
without intervening business. the period of time within which a rollcall vote by electronic device on the
question may be taken without any intervening business on any or all of the
additional questions on which the Speaker has postponed further proceedings
under this paragraph.
(d) If the House adjourns on a legislative day designated for further (4) If the House adjourns before all of the questions on which further
proceedings on questions postponed under this clause without disposing of proceedings were postponed under this paragraph have been put and
such questions, then on the next legislative day the unfinished business is determined, then, on the next following legislative day the unfinished
the disposition of such questions in the order in which they were business shall be the disposition of all such questions, previously
considered. undisposed of, in the order in which the questions were considered.
Five-minute votes
10. The Speaker may reduce to five minutes the minimum time for electronic Derived from clause 5, rule XV: (b) The Speaker may, in his discretion,
voting-- reduce to not less than five minutes the time within which a rollcall vote
by electronic device may be taken--
(a) after a record vote on a motion for the previous question, on any (1) after a rollcall vote has been ordered on a motion for the previous
underlying question that follows without intervening business; question, on any underlying question that follows without intervening
business;
[[Page H161]]
(b) after a record vote on an amendment reported from the Committee of (2) after a rollcall vote has been ordered on an amendment reported from
the Whole House on the state of the Union, on any subsequent amendment to the Committee of the Whole House on the state of the Union, on any
that bill or resolution reported from the Committee of the Whole; subsequent amendment to that bill or resolution reported from the Committee
of the Whole; or
(c) after a record vote on a motion to recommit a bill, resolution, or (3) after a rollcall vote has been ordered on a motion to recommit a bill,
conference report, on the question of passage or adoption, as the case resolution, or conference report thereon, on the question of passage or
may be, of such bill, resolution, or conference report, if the question adoption, as the case may be, of such bill, resolution, or conference
of passage or adoption follows without intervening business the vote on report thereon, if the question of passage or adoption follows without
the motion to recommit; or intervening business the vote on the motion to recommit; or
(d) as provided in clause 6(b)(3) of rule XVIII, clause 6(f) of rule Proposed clause 10(d) catalogs the other instances of five-minute
XVIII, or clause 9 of this rule. electronic voting so that the clause references all six authorities.
Automatic yeas and nays
11. The yeas and nays shall be considered as ordered when the Speaker puts Derived from clause 7, rule XV: 7. The yeas and nays shall be considered
the question on passage of a bill or joint resolution, or on adoption of a as ordered when the Speaker puts the question on final passage or adoption
conference report, making general appropriations, or increasing Federal of any bill, joint resolution, or conference report making general
income tax rates (within the meaning of clause 5 of rule XXI), or on final appropriations or increasing Federal income tax rates, or on final adoption
adoption of a concurrent resolution on the budget or conference report of any concurrent resolution on the budget or conference report thereon.
thereon.
Derived from: RULE XXXVIII
Ballot votes BALLOT
12. In a case of ballot for election, a majority of the votes shall be In all cases of ballot a majority of the votes given shall be necessary to
necessary to an election. When there is not such a majority on the first an election, and where there shall not be such a majority on the first
ballot, the process shall be repeated until a majority is obtained. In all ballot the ballots shall be repeated until a majority be obtained; and in
balloting blanks shall be rejected, may not be counted in the enumeration all balloting blanks shall be rejected and not taken into the count in
of votes, and may not be reported by the tellers. enumeration of votes or reported by the tellers.
RULE XXI.
RESTRICTIONS ON CERTAIN BILLS.
Reservation of certain points of order
1. At the time a general appropriation bill is reported, all points of Derived from clause 8, rule XXI: 8. At the time any appropriation bill is Clauses 1 and 2 of proposed rule XXI apply to ``general'' appropriation
order against provisions therein shall be considered as reserved. reported, all points of order shall be considered as reserved. bills or amendments thereto. Examples of general appropriation bills
include the 13 regular appropriation bills and most supplemental
appropriation bills. Bills or joint resolutions continuing appropriations
are not general bills and thus these clauses do not apply.
[[Page H162]]
General appropriation bills and amendments
2. (a)(1) An appropriation may not be reported in a general appropriation Derived from clause 2(a), rule XXI: 2. (a) No appropriation shall be Rule XXI, currently headed ``Bills", is a disjointed composite of
bill, and may not be in order as an amendment thereto, for an expenditure reported in a general appropriation bill, or shall be in order as an unrelated rules relating to readings of bills, consideration of certain
not previously authorized by law, except to continue appropriations for amendment thereto, for any expenditure not previously authorized by law, types of bills, and permissibility of provisions therein and amendments
public works and objects that are already in progress. except to continue appropriations for public works and objects which are thereto. The new heading of rule XXI, ``Restrictions on Certain Bills''
already in progress. still reflects its diverse nature in order to capture all remaining
provisions prior to dealing with House-Senate relations in rule XXII. The
rule is restructured to maintain citations to existing clauses (especially
clause 2) carried in the Precedents to the greatest extent possible. Since
readings of bills currently in clause 1 has been transferred to rule XVI,
existing clause 8 of rule XXI on reservation of points of order on general
appropriation bills has become clause 1 to fill that void. A new clause 3
has been added on ``Roads'' embodying the prohibition on inclusion of
specific provisions in bills, currently contained in the Transportation
Committee's jurisdictional statement in rule X. The other prohibition in
rule X against one specific road offered to a bill containing another
specific road, is removed as obsolete, since the Transportation and
Infrastructure Committee doesn't report specific road bills in modern
practice. (The germaneness rule also suggests that a point of order would
lie against an amendment on a specific road offered to a bill containing
only another specific road.) Current clause 5(a) on appropriations in
legislative bills has reverted to clause 4--the citation until 1975--in
order to have a separate clause 5 on tax and tariff bills.
(2) A reappropriation of unexpended balances of appropriations may not be Derived from clause 6, rule XXI: 6. No general appropriation bill or
reported in a general appropriation bill, and may not be in order as an amendment thereto shall be received or considered if it contains a
amendment thereto, except to continue appropriations for public works and provision reappropriating unexpended balances of appropriations; except
objects that are already in progress. This subparagraph does not apply to that this provision shall not apply to appropriations in continuation of
transfers of unexpended balances within the department or agency for which appropriations for public works on which work has commenced, and shall not
they were originally appropriated that are reported by the Committee on apply to transfers of unexpended balances within the department or agency
Appropriations. for which they were originally appropriated, reported by the Committee on
Appropriations.
[[Page H163]]
(b) A provision changing existing law may not be reported in a general Derived from clause 2, rule XXI: (b) No provision changing existing law
appropriation bill, including a provision making the availability of funds shall be reported in a general appropriation bill, including a provision
contingent on the receipt or possession of information not required by making the availability of funds contingent on the receipt or possession of
existing law for the period of the appropriation, except germane provisions information not required by existing law for the period of the
that retrench expenditures by the reduction of amounts of money covered by appropriation, except germane provisions that retrench expenditures by the
the bill (which may include those recommended to the Committee on reduction of amounts of money covered by the bill, which may include those
Appropriations by direction of a legislative committee having jurisdiction recommended to the Committee on Appropriations by direction of a
over the subject matter) and except rescissions of appropriations contained legislative committee having jurisdiction over the subject matter thereof,
in appropriation Acts. and except rescissions of appropriations contained in appropriation Acts.
(c) An amendment to a general appropriation bill shall not be in order if (c) No amendment to a general appropriation bill shall be in order if
changing existing law, including an amendment making the availability of changing existing law, including an amendment making the availability of
funds contingent on the receipt or possession of information not required funds contingent on the receipt or possession of information not required
by existing law for the period of the appropriation. Except as provided in by existing law for the period of the appropriation. Except as provided in
paragraph (d), an amendment proposing a limitation not specifically paragraph (d), no amendment shall be in order during consideration of a
contained or authorized in existing law for the period of the limitation general appropriation bill proposing a limitation not specifically
shall not be in order during consideration of a general appropriation bill. contained or authorized in existing law for the period of the limitation.
(d) After a general appropriation bill has been read for amendment, a (d) After a general appropriation bill has been read for amendment, Proposed clause 2(d), rule XXI indicates that if the motion to rise is not
motion that the Committee of the Whole House on the state of the Union rise motions that the Committee of the Whole rise and report the bill to the offered in Committee of the Whole following reading for amendment in its
and report the bill to the House with such amendments as may have been House with such amendments as may have been adopted shall, if offered by entirety, then a proper limitation amendment may be offered. The present
adopted shall, if offered by the Majority Leader or a designee, have the Majority Leader or a designee, have precedence over motions to further form of the rule only permits limitation amendments if the motion to rise
precedence over motions to amend the bill. If such a motion to rise and amend the bill. If any such motion is rejected, amendments proposing is ``rejected''.
report is rejected or not offered, amendments proposing limitations not limitations not specifically contained or authorized in existing law for
specifically contained or authorized in existing law for the period of the the period of the limitation or proposing germane amendments which retrench
limitation or proposing germane amendments that retrench expenditures by expenditures by reduction of amounts of money covered by the bill may be
reductions of amounts of money covered by the bill may be considered. considered; but after the vote on any such amendment, the privileged motion
made in order under this paragraph may be renewed.
(e) A provision other than an appropriation designated an emergency under (e) No provision shall be reported in any appropriation bill or joint
section 251(b)(2) or section 252(e) of the Balanced Budget and Emergency resolution containing an emergency designation for purposes of section
Deficit Control Act, a rescission of budget authority, or a reduction in 251(b)(2)(D) or section 252(e) of the Balanced Budget and Emergency Deficit
direct spending or an amount for a designated emergency may not be reported Control Act, or shall be in order as an amendment thereto, if the provision
in an appropriation bill or joint resolution containing an emergency or amendment is not designated as an emergency, unless the provision or
designation under section 251(b)(2) or section 252(e) of such Act and may amendment rescinds budget authority or reduces direct spending, or reduces
not be in order as an amendment thereto. an amount for a designated emergency.
[[Page H164]]
(f) During the reading of an appropriation bill for amendment in the (f) During the reading of any appropriation bill for amendment in the
Committee of the Whole House on the state of the Union, it shall be in Committee of the Whole, it shall be in order to consider en bloc amendments
order to consider en bloc amendments proposing only to transfer proposing only to transfer appropriations among objects in the bill without
appropriations among objects in the bill without increasing the levels of increasing the levels of budget authority or outlays in the bill. When
budget authority or outlays in the bill. When considered en bloc under this considered en bloc pursuant to this paragraph, such amendments may amend
paragraph, such amendments may amend portions of the bill not yet read for portions of the bill not yet read for amendment (following the disposition
amendment (following disposition of any points of order against such of any points of order against such portions) and shall not be subject to a
portions) and is not subject to a demand for division of the question in demand for division of the question in the House or in the Committee of the
the House or in the Committee of the Whole. Whole.
Roads
3. A bill providing general legislation in relation to roads may not Derived from clause 1(q), rule X: . . . but it shall not be in order for Proposed clause 3, rule XXI is currently contained in clause 1(q)(10),
contain a provision for a specific road. any bill providing general legislation in relation to roads to contain any rule X, the Transportation and Infrastructure Committee's jurisdictional
provision for any specific road, nor for any bill in relation to a specific statement. It logically belongs in a rule prohibiting consideration of
road to embrace a provision in relation to any other specific road. certain bills. This recodification draft also eliminates the present
restriction in Transportation's jurisdictional rule against any bill in
relation to a specific road embracing a provision in relation to any other
specific road.
Appropriations on legislative bills
4. A bill or joint resolution carrying an appropriation may not be Derived from clause 5, rule XXI: (a) No bill or joint resolution carrying The prohibition against appropriating on a legislative bill, currently in
reported by a committee not having jurisdiction to report appropriations, appropriations shall be reported by any committee not having jurisdiction clause 5(a), rule XXI, reverts to clause 4, where it existed prior to 1975,
and an amendment proposing an appropriation shall not be in order during to report appropriations, nor shall an amendment proposing an appropriation in this draft.
the consideration of a bill or joint resolution reported by a committee not be in order during the consideration of a bill or joint resolution reported
having that jurisdiction. A point of order against an appropriation in such by a committee not having that jurisdiction. A question of order on an
a bill, joint resolution, or amendment thereto may be raised at any time appropriation in any such bill, joint resolution, or amendment thereto may
during pendency of that measure for amendment. be raised at any time.
Tax and tariff measures and amendments
5. (a) A bill or joint resolution carrying a tax or tariff measure may not (b) No bill or joint resolution carrying a tax or tariff measure shall be
be reported by a committee not having jurisdiction to report tax or tariff reported by any committee not having jurisdiction to report tax and tariff
measures, and an amendment in the House or proposed by the Senate carrying measures, nor shall an amendment in the House or proposed by the Senate
a tax or tariff measure shall not be in order during the consideration of a carrying a tax or tariff measure be in order during the consideration of a
bill or joint resolution reported by a committee not having that bill or joint resolution reported by a committee not having that
jurisdiction. A point of order against a tax or tariff measure in such a jurisdiction. A question of order on a tax or tariff measure in any such
bill, joint resolution, or amendment thereto may be raised at any time bill, joint resolution, or amendment thereto may be raised at any time.
during pendency of that measure for amendment.
[[Page H165]]
Passage of tax rate increases
(b) A bill or joint resolution, amendment, or conference report carrying a (c) No bill or joint resolution, amendment, or conference report carrying
Federal income tax rate increase may not be considered as passed or agreed a Federal income tax rate increase shall be considered as passed or agreed
to unless so determined by a vote of not less than three-fifths of the to unless so determined by a vote of not less than three-fifths of the
Members voting, a quorum being present. In this paragraph the term Members voting. For purposes of the preceding sentence, the term ``Federal
``Federal income tax rate increase'' means any amendment to subsection (a), income tax rate increase'' means any amendment to subsection (a), (b), (c),
(b), (c), (d), or (e) of section 1, or to section 11(b) or 55(b), of the (d), or (e) of section 1, or to section 11(b) or 55(b), of the Internal
Internal Revenue Code of 1986, that imposes a new percentage as a rate of Revenue Code of 1986, that imposes a new percentage as a rate of tax and
tax and thereby increases the amount of tax imposed by any such section. thereby increases the amount of tax imposed by any such section.
Consideration of retroactive tax rate increases
(c) It shall not be in order to consider a bill, joint resolution, (d) It shall not be in order to consider any bill, joint resolution,
amendment, or conference report carrying a retroactive Federal income tax amendment, or conference report carrying a retroactive Federal income tax
rate increase. In this paragraph-- rate increase. For purposes of the preceding sentence--
(1) the term ``Federal income tax rate increase'' means any amendment to (1) the term ``Federal income tax rate increase'' means any amendment to
subsection (a), (b), (c), (d), or (e) of section 1, or to section 11(b) subsection (a), (b), (c), (d), or (e) of section 1, or to section 11(b) or
or 55(b), of the Internal Revenue Code of 1986, that imposes a new 55(b), of the Internal Revenue Code of 1986, that imposes a new percentage
percentage as a rate of tax and thereby increases the amount of tax as a rate of tax and thereby increases the amount of tax imposed by any
imposed by any such section; and such section; and
(2) a Federal income tax rate increase is retroactive if it applies to a (2) a Federal income tax rate increase is retroactive if it applies to a
period beginning before the enactment of the provision. period beginning prior to the enactment of the provision.
Transportation obligation limitations
6. It shall not be in order to consider a bill, joint resolution, Derived from clause 9, rule XXI: 9. It shall not be in order to consider
amendment, or conference report that would cause obligation limitations to any bill or joint resolution, or any amendment thereto or conference report
be below the level for any fiscal year set forth in section 8103 of the thereon, that would cause obligation limitations to be below the level for
Transportation Equity Act for the 21st Century, as adjusted, for the any fiscal year set forth in section 8103 of the Transportation Equity Act
highway category or the mass transit category, as applicable. for the 21st Century, as adjusted, for the highway category or the mass
transit category, as applicable.
RULE XXII.
HOUSE AND SENATE RELATIONS.
[[Page H166]]
Senate amendments
1. A motion to disagree to Senate amendments to a House bill or resolution Derived from clause 1, rule XX: . . . That a motion to disagree with the Proposed rule XXII consolidates all provisions currently in rule XX and
and to request or agree to a conference with the Senate, or a motion to amendments of the Senate to a House bill or resolution and request or agree rule XXVIII relating to Senate amendments, conference reports, and
insist on House amendments to a Senate bill or resolution and to request or to a conference with the Senate, or a motion to insist on the House amendments reported from conference in disagreement. Clause 1 is clarified
agree to a conference with the Senate, shall be privileged in the amendments to a Senate bill or resolution and request or agree to a to indicate that the motion to go to conference must be authorized by all
discretion of the Speaker if offered by direction of the primary committee conference with the Senate, shall always be in order if the Speaker, in his reporting committees of initial referral. Clauses 2 and 4 clarify the
and of all reporting committees that had initial referral of the bill or discretion, recognizes for that purpose and if the motion is made by distinction between privilege in the House of motions to dispose of Senate
resolution. direction of the committee having jurisdiction of the subject matter of the amendment before and after the stage of disagreement has been reached.
bill or resolution. Clause 3 has been clarified to make clear that the rules on scope of
conference apply to all amendments in disagreement committed to conference,
not merely to amendments in the nature of a substitute. Existing clauses 4
and 5 of rule XXVIII contain three separate but similar provisions
concerning nongermane Senate provisions in bills or amendments committed to
conference and either resolved in conference or reported back in
disagreement for disposition by separate vote. Rather than repeat virtually
the same procedures with respect to points of order and motions to reject
the nongermane matter specified in the point of order, the consolidated
clause 10 combines all those provisions in one procedure applicable to any
of the three situations.
2. A motion to dispose of House bills with Senate amendments not requiring Derived from clause 2, rule XXIV: . . . but House bills with Senate
consideration in the Committee of the Whole House on the state of the Union amendments which do not require consideration in a Committee of the Whole
shall be privileged. may be at once disposed of as the House may determine . . .
3. Except as permitted by clause 1, before the stage of disagreement, a Derived from clause 1, rule XX: Any amendment of the Senate to any House
Senate amendment to a House bill or resolution shall be subject to the bill shall be subject to the point of order that it shall first be
point of order that it must first be considered in the Committee of the considered in the Committee of the Whole House on the state of the Union,
Whole House on the state of the Union if, originating in the House, it if, originating in the House, it would be subject to that point: Provided,
would be subject to such a point under clause 3 of rule XVIII. however, That . . .
4. When the stage of disagreement has been reached on a bill or resolution Proposed clause 4 is added since practice has always dictated handling
with House or Senate amendments, a motion to dispose of any amendment shall amendments in disagreement as privileged.
be privileged.
[[Page H167]]
5. (a) Managers on the part of the House may not agree to a Senate Derived from clause 2, rule XX: 2. No amendment of the Senate to a general The last portion of the language in clause 5 has been added to codify
amendment described in paragraph (b) unless specific authority to agree to appropriation bill which would be in violation of the provisions of clause existing practice.
the amendment first is given by the House by a separate vote with respect 2 of rule XXI, if said amendment had originated in the House, nor any
thereto. If specific authority is not granted, the Senate amendment shall amendment of the Senate providing for an appropriation upon any bill other
be reported in disagreement by the conference committee back to the two than a general appropriation bill, shall be agreed to by the managers on
Houses for disposition by separate motion. the part of the House unless specific authority to agree to such amendment
(b) The managers on the part of the House may not agree to a Senate shall be first given by the House by a separate vote on every such
amendment described in paragraph (a) that-- amendment.
(1) would violate clause 2 (a)(1) or (c) of rule XXI if originating in
the House; or
(2) proposes an appropriation on a bill other than a general
appropriation bill.
6. A Senate amendment carrying a tax or tariff measure in violation of Currently clause 5(b), rule XXI precludes agreeing to Senate amendments
clause 5(a) of rule XXI may not be agreed to. carrying tax or tariff measures.
Derived from: RULE XXVIII
Conference reports; amendments reported in disagreement CONFERENCE REPORTS
7. (a) The presentation of a conference report shall be in order at any 1. (a) The presentation of reports of committees of conference shall
time except during a reading of the Journal or the conduct of a record always be in order, except when the Journal is being read, while the roll
vote, a vote by division, or a quorum call. is being called, or the House is dividing on any proposition.
(b)(1) Subject to subparagraph (2) the time allotted for debate on a (b) The time allotted for debate on any motion to instruct House conferees
motion to instruct managers on the part of the House shall be equally shall be equally divided between the majority and minority parties, except
divided between the majority and minority parties. that if the proponent of the motion and the Member from the other party are
(2) If the proponent of a motion to instruct managers on the part of the both supporters of the motion, one-third of such debate time shall be
House and the Member, Delegate, or Resident Commissioner of the other party allotted to a Member who is opposed to said motion.
identified under subparagraph (1) both support the motion, one-third of the
time for debate thereon shall be allotted to a Member, Delegate, or
Resident Commissioner who opposes the motion on demand of that Member,
Delegate, or Resident Commissioner.
(c)(1) A motion to instruct managers on the part of the House, or a motion (c) After House conferees on any bill or resolution in conference between A committee of conference only exists after both Houses have appointed
to discharge all managers on the part of the House and to appoint new the House and Senate shall have been appointed for twenty calendar days and their conferees.
conferees, shall be privileged-- shall have failed to make a report, it is hereby declared to be a motion of
(A) after a conference committee has been appointed for 20 calendar days the highest privilege to move to discharge said House conferees and to
without making a report; and appoint new conferees, or to instruct said House conferees (but in either
(B) on the first legislative day after the calendar day on which the case only at a time or place designated by the Speaker in the legislative
Member, Delegate, or Resident Commissioner offering the motion announces schedule of the day after the calendar day on which the Member offering the
to the House his intention to do so and the form of the motion. motion announces to the House his intention to do so and the form of the
(2) The Speaker may designate a time in the legislative schedule on that motion); and, further, during the last six days of any session of Congress,
legislative day for consideration of a motion described in subparagraph it shall be a privileged motion to move to discharge, appoint, or instruct,
(1). House conferees after House conferees shall have been appointed thirty-six
(3) During the last six days of a session of Congress, the period of time hours without having made a report.
specified in subparagraph (1)(A) shall be 36 hours.
[[Page H168]]
(d) Each conference report to the House shall be printed as a report of (d) Each report made by a committee of conference to the House shall be
the House. Each such report shall be accompanied by a joint explanatory printed as a report of the House. As so printed, such report shall be
statement prepared jointly by the managers on the part of the House and the accompanied by an explanatory statement prepared jointly by the conferees
managers on the part of the Senate. The joint explanatory statement shall on the part of the House and the conferees on the part of the Senate. Such
be sufficiently detailed and explicit to inform the House of the effects of statement shall be sufficiently detailed and explicit to inform the House
the report on the matters committed to conference. as to the effect which the amendments or propositions contained in such
report will have upon the measure to which those amendments or propositions
relate.
8. (a)(1) Except as specified in subparagraph (2), it shall not be in 2. (a) It shall not be in order to consider the report of a committee of The authority of the Rules Committee to call up on the same day reported a
order to consider a conference report until-- conference until the third calendar day (excluding Saturdays, Sundays, or resolution only waiving availability requirements for a conference report
(A) the third calendar day (excluding Saturdays, Sundays, or legal legal holidays except when the House is in session on such a day) after or amendment reported in disagreement, currently in existing clause 2(a)
holidays except when the House is in session on such a day) on which the such report and the accompanying statement shall have been filed in the and (b), rule XXVIII, is retained in clause 8(e) of this rule and in clause
conference report and the accompanying joint explanatory statement have House, and such consideration then shall be in order only if such report 6(a)(2), rule XIII since it relates to privileged reports of that
been available to Members, Delegates, and the Resident Commissioner in and accompanying statement shall have been printed in the daily edition of committee. The division of debate time for a conference report or amendment
the Congressional Record; and the Congressional Record for the day on which such report and statement reported in disagreement is transferred to clause 8(d) of this rule.
(B) copies of the conference report and the accompanying joint shall have been filed; but the preceding provisions of this sentence do not
explanatory statement have been available to Members, Delegates, and the apply during the last six days of the session. Nor shall it be in order to
Resident Commissioner for at least two hours. consider any conference report unless copies of the report and accompanying
(2) Subparagraph (1)(A) does not apply during the last six days of a statement have been available to Members for at least two hours before the
session of Congress. beginning of such consideration: Provided, however, That it shall always be
in order to call up for consideration, notwithstanding the provisions of
clause 4(b) of rule XI, a report from the Committee on Rules only making in
order the consideration of a conference report notwithstanding this
restriction. The time allotted for debate in the consideration of any such
report shall be equally divided between the majority party and the minority
party, except that if the floor manager for the majority and the floor
manager for the minority are both supporters of the conference report, one
third of such debate time shall be allotted to a Member who is opposed to
said conference report.
[[Page H169]]
(b)(1) Except as specified in subparagraph (2), it shall not be in order (b)(1) It shall not be in order to consider any amendment (including an
to consider a motion to dispose of a Senate amendment reported in amendment in the nature of a substitute) proposed by the Senate to any
disagreement by a conference committee until-- measure reported in disagreement between the two Houses by a report of a
(A) the third calendar day (excluding Saturdays, Sundays, or legal committee of conference that the committee has been unable to agree, until
holidays except when the House is in session on such a day) on which the the third calendar day (excluding Saturdays, Sundays, or legal holidays
report in disagreement and any accompanying statement have been available except when the House is in session on such a day) after such report and
to Members, Delegates, and the Resident Commissioner in the Congressional accompanying statement shall have been filed in the House, and such
Record; and consideration then shall be in order only if such report and accompanying
(B) copies of the report in disagreement and any accompanying statement, statement shall have been printed in the daily edition of the Congressional
together with the text of the Senate amendment, have been available to Record for the day on which such report and statement shall have been
Members, Delegates, and the Resident Commissioner for at least two hours. filed; but the preceding provisions of this sentence do not apply during
(2) Subparagraph (1)(A) does not apply during the last six days of a the last six days of the session. Nor shall it be in order to consider any
session of Congress. such amendment unless copies of the report and accompanying statement,
together with the text of such amendment, have been available to Members
for at least two hours before the beginning of such consideration:
Provided, however, That it shall always be in order to call up for
consideration, notwithstanding the provisions of clause 4(b) of rule XI, a
report from the Committee on Rules only making in order the consideration
of such an amendment notwithstanding this restriction. The time allotted
for debate on any such amendment shall be equally divided between the
majority party and the minority party, except that if the floor manager for
the majority and the floor manager for the minority are both supporters of
the original motion offered by the floor manager for the majority to
dispose of the amendment, one third of such debate time shall be allotted
to a Member who is opposed to said motion.
(3) During consideration of a Senate amendment reported in disagreement by (2) During consideration of such an amendment to a general appropriation
a conference committee on a general appropriation bill, a motion to insist bill, if the original motion offered by the floor manager proposes to
on disagreement to the Senate amendment shall be preferential to any other change existing law, then pending such original motion and before debate
motion to dispose of that amendment if the original motion offered by the thereon one motion to insist on disagreement to the amendment proposed by
floor manager proposes to change existing law and the motion to insist is the Senate shall be preferential to any other motion to dispose of that
offered before debate on the original motion by the chairman of the amendment if offered by the chairman of a committee having jurisdiction of
committee having jurisdiction of the subject matter of the amendment or a the subject matter of the amendment or by a designee. Such a preferential
designee. Such a preferential motion shall be separately debatable for one motion shall be separately debatable for one hour equally divided between
hour equally divided between its proponent and the proponent of the its proponent and the proponent of the original motion. The previous
original motion. The previous question shall be considered as ordered on question shall be considered as ordered on such a preferential motion to
the preferential motion to its adoption without intervening motion. its adoption without intervening motion.
(c) A conference report or a Senate amendment reported in disagreement by (c) Any conference report and Senate amendment in disagreement which has
a conference committee that has been available as provided in paragraph (a) been available as provided in paragraphs (a) and (b) of this clause shall
or (b) shall be considered as read when called up. be considered as having been read when called up for consideration.
[[Page H170]]
(d)(1) Subject to subparagraph (2), the time allotted for debate on a Paragraphs (d) and (e) are derived from existing clause 2(a) and (b), rule
conference report or on a motion to dispose of a Senate amendment reported XXVIII.
in disagreement by a conference committee shall be equally divided between
the majority and minority parties.
(2) If the floor manager for the majority and the floor manager for the
minority both support the conference report or motion, one-third of the
time for debate thereon shall be allotted to a Member, Delegate, or
Resident Commissioner who opposes the conference report or motion on demand
of that Member, Delegate, or Resident Commissioner.
(e) Under clause 6(a)(2) of rule XIII, a resolution proposing only to
waive a requirement of this clause concerning the availability of reports
to Members, Delegates, and the Resident Commissioner may be considered by
the House on the same day it is reported by the Committee on Rules.
9. Whenever a disagreement to an amendment has been committed to a 3. Whenever a disagreement to an amendment in the nature of a substitute Clause 5 of this proposed rule also limits conferees' authority to agree
conference committee, the managers on the part of the House may propose a has been committed to a conference committee it shall be in order for the to Senate amendments containing legislation or unauthorized appropriations
substitute that is a germane modification of the matter in disagreement. Managers on the part of the House to propose a substitute which is a in general appropriation bills or appropriations in legislative bills.
The introduction of any language presenting specific additional matter not germane modification of the matter in disagreement, but the introduction of
committed to the conference committee by either House does not constitute a any language in that substitute presenting a specific additional topic,
germane modification of the matter in disagreement. Moreover, a conference question, issue, or proposition not committed to the conference committee
report may not include matter not committed to the conference committee by by either House shall not constitute a germane modification of the matter
either House and may not include a modification of specific matter in disagreement. Moreover, their report shall not include matter not
committed to the conference committee by either or both Houses if that committed to the conference committee by either House, nor shall their
modification is beyond the scope of that specific matter as committed to report include a modification of any specific topic, question, issue, or
the conference committee. proposition committed to the conference committee by either or both Houses
if that modification is beyond the scope of that specific topic, question,
issue, or proposition as so committed to the conference committee.
[[Page H171]]
10. (a)(1) A Member, Delegate, or Resident Commissioner may raise a point 4. (a) With respect to any report of a committee of conference called up Existing clauses 4 and 5 of rule XXVIII contain three separate but similar
of order against nongermane matter, as specified in subparagraph (2), before the House containing any matter which would be in violation of the provisions concerning nongermane Senate provisions in bills or amendments
before the commencement of debate on-- provisions of clause 7 of rule XVI if such matter had been offered as an committed to conference and either resolved in conference or reported back
(A) a conference report; amendment in the House, and which-- in disagreement for disposition by separate vote. Rather than repeat
(B) a motion that the House recede from its disagreement to a Senate (1) is contained in any Senate amendment to that measure (including a virtually the same procedures with respect to points of order and motions
amendment reported in disagreement by a conference committee and concur Senate amendment in the nature of substitute for the text of that measure to reject the nongermane matter specified in the point of order, the new
therein, with or without amendment; or as passed by the House) accepted by the House conferees or agreed to by the clause 10 represents an effort to consolidate all those provisions in one
(C) a motion that the House recede from its disagreement to a Senate conference committee with modification; or procedure applicable to any of the three situations. This new clause makes
amendment on which the stage of disagreement has been reached and concur (2) is contained in any substitute agreed to by the conference committee; no substantive change in the way points of order are made and motions to
therein, with or without amendment. it shall be in order, at any time after the reading of the report has been reject considered whether nongermane matter is contained in a conference
completed or dispensed with and before the reading of the statement, or report, in a motion to recede and concur in a Senate amendment, or in a
immediately upon consideration of a conference report if clause 2(c) of motion to recede and concur with an amendment In the event that a motion to
this rule applies, to make a point of order that such nongermane matter, as reject in any of those situations prevails, the new clause restates the
described above, which shall be specified in the point of order, is pending question or the available alternative motion as currently stated.
contained in the report. For the purposes of this clause, matter which-- The test is whether the matter would have been ruled nongermane if offered
(A) is contained in any substitute agreed to by the conference committee; to the House-passed measure.
(B) is not proposed by the House to be included in the measure concerned
as passed by the House; and
(C) would be in violation of clause 7 of rule XVI if such matter had been
offered in the House as an amendment to the provisions of that measure as
so proposed in the form passed by the House; shall be considered in
violation of such clause 7.
(2) A point of order against nongermane matter is one asserting that a
proposition described in subparagraph (1) contains specified matter that
would violate clause 7 of rule XVI if it were offered in the House as an
amendment to the underlying measure in the form it was passed by the House.
(b) If a point of order under paragraph (a) is sustained, a motion that (b) If such point of order is sustained, it then shall be in order for the
the House reject the nongermane matter identified by the point of order Chair to entertain a motion, which is of high privilege, that the House
shall be privileged. Such a motion is debatable for 40 minutes, one-half in reject the nongermane matter covered by the point of order. It shall be in
favor of the motion and one-half in opposition thereto. order to debate such motion for forty minutes, one-half of such time to be
given to debate in favor of, and one-half in opposition to, the motion.
(c) After disposition of a point of order under paragraph (a) or a motion (c) Notwithstanding the final disposition of any point of order made under
to reject under paragraph (b), any further points of order under paragraph paragraph (a), or of any motion to reject made pursuant to a point of order
(a) not covered by a previous point of order, and any consequent motions to under paragraph (b), of this clause, it shall be in order to make further
reject under paragraph (b), shall be likewise disposed of. points of order on the ground stated in such paragraph (a), and motions to
reject pursuant thereto under such paragraph (b), with respect to other
nongermane matter in the report of the committee of conference not covered
by any previous point of order which has been sustained.
[[Page H172]]
(d)(1) If a motion to reject under paragraph (b) is adopted, then after (d) If any such motion to reject has been adopted, after final disposition
disposition of all points of order under paragraph (a) and any consequent of all points of order and motions to reject under the preceding provisions
motions to reject under paragraph (b), the conference report or motion, as of this clause, the conference report shall be considered as rejected and
the case may be, shall be considered as rejected and the matter remaining the question then pending before the House shall be--
in disagreement shall be disposed of under subparagraph (2) or (3), as the (1) whether to recede and concur in the Senate amendment with an amendment
case may be. which shall consist of that portion of the conference report not rejected;
(2) After the House has adopted one or more motions to reject nongermane or
matter contained in a conference report under the preceding provisions of (2) if the last sentence of paragraph (a) of this clause applies, whether
this clause-- to insist further on the House amendment.
(A) if the conference report accompanied a House measure amended by the If all such motions to reject are defeated, then, after the allocation of
Senate, the pending question shall be whether the House shall recede and time for debate on the conference report as provided in clause 2(a) of this
concur in the Senate amendment with an amendment consisting of so much of rule, it shall be in order to move the previous question on the adoption of
the conference report as was not rejected; and the conference report.
(B) if the conference report accompanied a Senate measure amended by the 5. (a)(1) With respect to any amendment (including an amendment in the
House, the pending question shall be whether the House shall insist nature of a substitute) which--
further on the House amendment. (A) is proposed by the Senate to any measure and thereafter--
(3) After the House has adopted one or more motions to reject nongermane (i) is reported in disagreement between the two Houses by a committee of
matter contained in a motion that the House recede and concur in a Senate conference; or
amendment, with or without amendment, the following motions shall be (ii) is before the House, the stage of disagreement having been reached;
privileged and shall have precedence in the order stated: and
(A) A motion that the House recede and concur in the Senate amendment (B) contains any matter which would be in violation of the provisions of
with an amendment in writing then available on the floor. clause 7 of rule XVI if such matter had been offered as an amendment in the
(B) A motion that the House insist on its disagreement to the Senate House;
amendment and request a further conference with the Senate. it shall be in order, immediately after a motion is offered that the House
(C) A motion that the House insist on its disagreement to the Senate recede from its disagreement to such amendment proposed by the Senate and
amendment. concur therein and before debate is commenced on such motion, to make a
(e) If, on a division of the question on a motion described in paragraph point of order that such nongermane matter, as described above, which shall
(a)(1)(B) or (C), the House agrees to recede, then a Member, Delegate, or be specified in the point of order, is contained in such amendment proposed
Resident Commissioner may raise a point of order against nongermane matter, by the Senate.
as specified in paragraph (a)(2), before the commencement of debate on (2) If such point of order is sustained, it then shall be in order for the
concurring in the Senate amendment, with or without amendment. A point of Chair to entertain a motion, which is of high privilege, that the House
order under this paragraph shall be disposed of according to the preceding reject the nongermane matter covered by the point of order. It shall be in
provisions of this clause in the same manner as a point of order under order to debate such motion for forty minutes, one-half of such time to be
paragraph (a). given to debate in favor of, and one-half in opposition to, the motion.
[[Page H173]]
(3) Notwithstanding the final disposition of any point of order made under
subparagraph (1), or of any motion to reject made pursuant to a point of
order under subparagraph (2), of this paragraph, it shall be in order to
make further points of order on the ground stated in such subparagraph (1),
and motions to reject pursuant thereto under such subparagraph (2), with
respect to other nongermane matter in the amendment proposed by the Senate
not covered by any previous point of order which has been sustained.
(4) If any such motion to reject has been adopted, after final disposition
of all points of order and motions to reject under the preceding provisions
of this clause, the motion to recede and concur shall be considered as
rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment, where
appropriate (but the offering of which is not in order unless copies of the
language of the Senate amendment, as proposed to be amended by such motion,
are then available on the floor when such motion is offered and is under
consideration);
(B) to insist upon disagreement to the Senate amendment and request a
further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment; shall remain of
high privilege for consideration by the House. If all such motions to
reject are defeated, then, after the allocation of time for debate on the
motion to recede and concur as provided in clause 2(b) of this rule, it
shall be in order to move the previous question on such motion.
(b)(1) With respect to any such amendment proposed by the Senate as
described in paragraph (a) of this clause, it shall not be in order to
offer any motion that the House recede from its disagreement to such Senate
amendment and concur therein with an amendment, unless copies of the
language of the Senate amendment, as proposed to be amended by such motion,
are then available on the floor when such motion is offered and is under
consideration.
(2) Immediately after any such motion is offered and is in order and
before debate is commenced on such motion, it shall be in order to make a
point of order that nongermane matter, as described in subparagraph (1) of
paragraph (a) of this clause, which shall be specified in the point of
order, is contained in the language of the Senate amendment, as proposed to
be amended by such motion, copies of which are then available on the floor.
[[Page H174]]
(3) If such point of order is sustained, it then shall be in order for the
Chair to entertain a motion, which is of high privilege, that the House
reject the nongermane matter covered by the point of order. It shall be in
order to debate such motion for forty minutes, one-half of such time to be
given to debate in favor of, and one-half in opposition to, the motion.
(4) Notwithstanding the final disposition of any point of order under
subparagraph (2), or of any motion to reject made pursuant to a point of
order under subparagraph (3), of this paragraph, it shall be in order to
make further points of order on the ground stated in subparagraph (1) of
paragraph (a) of this clause, and motions to reject pursuant thereto under
subparagraph (3) of this paragraph, with respect to other nongermane matter
in the language of the Senate amendment, as proposed to be amended by the
motion described in subparagraph (1) of this paragraph, not covered by any
previous point of order which has been sustained.
(5) If any such motion to reject has been adopted, after final disposition
of all points of order and motions to reject under the preceding provisions
of this paragraph, the motion to recede and concur in the Senate amendment
with an amendment shall be considered as rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment,
where appropriate (but the offering of which is not in order unless
copies of the language of the Senate amendment, as proposed to be amended
by such motion, are then available on the floor when such motion is
offered and is under consideration);
(B) to insist upon disagreement to the Senate amendment and request a
further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment;
shall remain of high privilege for consideration by the House. If all such
motions to reject are defeated, then, after the allocation of time for
debate on the motion to recede and concur in the Senate amendment with an
amendment as provided in clause 2(b) of this rule, it shall be in order to
move the previous question on such motion.
[[Page H175]]
(c) If, on a division of a motion that the House recede and concur, with
or without amendment, from its disagreement to any such Senate amendment as
described in paragraph (a)(1) of this clause, the House agrees to recede,
then, before debate is commenced on concurring in such Senate amendment, or
on concurring therein with an amendment it shall be in order to make and
dispose of points of order and motions to reject with respect to such
Senate amendment in accordance with applicable provisions of this clause
and to effect final determination of these matters in accordance with such
provisions.
From clause 7 of rule XXVIII:
11. It shall not be in order to consider a conference report to accompany 7. It shall not be in order to consider the report of a committee of
a bill or joint resolution that proposes to amend the Internal Revenue Code conference which contains any provision amending the Internal Revenue Code
of 1986 unless-- of 1986 unless--
(a) the joint explanatory statement of the managers includes a tax (a) the accompanying joint explanatory statement contains a Tax Complexity Proposed clause 11, rule XXII was added to the rules by the Internal
complexity analysis prepared by the Joint Committee on Internal Revenue Analysis prepared by the Joint Committee on Taxation in accordance with Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206),
Taxation in accordance with section 4022(b) of the Internal Revenue section 4022(b) of the Internal Revenue Service Restructuring and Reform to be effective after January 1, 1999.
Service Restructuring and Reform Act of 1998; or Act of 1998; or
(b) the chairman of the Committee on Ways and Means causes such a tax (b) such Analysis is printed in the Congressional Record prior to the
complexity analysis to be printed in the Congressional Record before consideration of the report.
consideration of the conference report.
12. (a)(1) Subject to subparagraph (2), a meeting of each conference Derived from clause 6, rule XXVIII: 6. (a) Each conference committee Once authorized by the House to close a conference committee hearing, the
committee shall be open to the public. meeting between the House and Senate shall be open to the public except conferees may choose to close only a portion.
(2) In open session of the House, a motion that managers on the part of when the House, in open session, has determined by a rollcall vote of a
the House be permitted to close to the public a meeting or meetings of majority of those Members voting that all or part of the meeting shall be
their conference committee shall be privileged, shall be decided without closed to the public.
debate, and shall be decided by a record vote. (b)(1) After the reading of the report and before the reading of the joint
(b) A point of order that a conference committee failed to comply with statement, or immediately upon consideration of a conference report if
paragraph (a) may be raised immediately after the conference report is read clause 2(c) of this rule applies, a point of order may be made that the
or considered as read. If such a point of order is sustained, the committee of conference making the report to the House has failed to comply
conference report shall be considered as rejected, the House shall be with paragraph (a) of this clause.
considered to have insisted on its amendments or on disagreement to the (2) If such point of order is sustained, the conference report shall be
Senate amendments, as the case may be, and to have requested a further considered as rejected, the House shall be considered to have insisted upon
conference with the Senate, and the Speaker may appoint new conferees its amendment(s) or upon disagreement to the amendment(s) of the Senate, as
without intervening motion. the case may be, and to have requested a further conference with the
Senate, and the Speaker shall be authorized to appoint new conferees
without intervening motion.
RULE XXIII. Derived from: RULE XLIX
STATUTORY LIMIT ON PUBLIC DEBT. ESTABLISHMENT OF STATUTORY LIMIT ON THE PUBLIC DEBT
[[Page H176]]
1. Upon adoption by Congress of a concurrent resolution on the budget 1. Upon the adoption by the Congress (under section 301 or 304 of the Existing rule XLIX becomes rule XXIII relating to the establishment of
under section 301 or 304 of the Congressional Budget Act of 1974 that sets Congressional Budget Act of 1974) of any concurrent resolution on the statutory limit on the public debt and carries without substantive change
forth, as the appropriate level of the public debt for the period to which budget setting forth as the appropriate level of the public debt for the the procedures for automatic engrossment of a joint resolution adjusting
the concurrent resolution relates, an amount that is different from the period to which such concurrent resolution relates an amount which is the public debt limit upon final adoption of a concurrent resolution on the
amount of the statutory limit on the public debt that otherwise would be in different from the amount of the statutory limit on the public debt that budget. The phrase ``finally agreed to in the House'' in proposed clause 1
effect for that period, the Clerk shall prepare an engrossment of a joint would otherwise be in effect for such period, the enrolling clerk of the means the vote by which the House adopts the conference report, or if there
resolution increasing or decreasing, as the case may be, the statutory House of Representatives shall prepare an engrossment of a joint is no conference report, on the concurrent resolution itself. The last
limit on the public debt in the form prescribed in clause 2. Upon resolution, in the form prescribed in clause 2, increasing or decreasing sentence of existing clause 1 is deleted as unnecessary as the transmittal
engrossment of the joint resolution, the vote by which the concurrent the statutory limit on the public debt. The vote by which the conference of the engrossment and enrollment of this joint resolution are handled just
resolution on the budget was finally agreed to in the House shall also be report on the concurrent resolution on the budget was agreed to in the like any other legislative measure.
considered as a vote on passage of the joint resolution in the House, and House (or by which the concurrent resolution itself was adopted in the
the joint resolution shall be considered as passed by the House and duly House, if there is no conference report) shall be deemed to have been a
certified and examined. The engrossed copy shall be signed by the Clerk and vote in favor of such joint resolution upon final passage in the House of
transmitted to the Senate for further legislative action. Representatives. Upon the engrossment of such joint resolution it shall be
deemed to have passed the House of Representatives and been duly certified
and examined; the engrossed copy shall be signed by the Clerk and
transmitted to the Senate for further legislative action; and (upon final
passage by both Houses) the joint resolution shall be signed by the
presiding officers of both Houses and presented to the President for his
signature (and otherwise treated for all purposes) in the manner provided
for bills and joint resolutions generally.
2. The matter after the resolving clause in a joint resolution described 2. The matter after the resolving clause in any joint resolution described
in clause 1 shall be as follows: ``That subsection (b) of section 3101 of 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 title 31, United States Code, is amended by striking out the dollar
limitation contained in such subsection and inserting in lieu thereof limitation contained in such subsection and inserting in lieu thereof
`$___'.'', with the blank being filled with a dollar limitation equal to `$___'.'', with the blank being filled in with a limitation equal to the
the appropriate level of the public debt set forth pursuant to section appropriate level of the public debt as set forth, pursuant to section
301(a)(5) of the Congressional Budget Act of 1974 in the relevant 301(a)(5) of the Congressional Budget Act of 1974, in the concurrent
concurrent resolution described in clause 1. If an adopted concurrent resolution on the budget (whether such resolution was adopted under section
resolution under clause 1 sets forth different appropriate levels of the 301, 304, or 310 of such Act). Only one joint resolution shall be prepared
public debt for separate periods, only one engrossed joint resolution shall under clause 1 upon the adoption of any concurrent resolution on the
be prepared under clause 1; and the blank referred to in the preceding budget; and, if the concurrent resolution set forth a different appropriate
sentence shall be filled with the limitation that is to apply for each level of the public debt (pursuant to such section 301(a)(5)) for each of
period. two separate periods, the blank referred to in the preceding sentence shall
be filled in with both the limitation which is to apply for the later of
the two periods (specifying the date on which that limitation is to take
effect) and the limitation which is to apply for the earlier of such
periods.
[[Page H177]]
3. (a) The report of the Committee on the Budget on a concurrent 3. The report of the Committee on the Budget of the House of
resolution described in clause 1 and the joint explanatory statement of the Representatives accompanying any concurrent resolution on the budget under
managers on a conference report to accompany such a concurrent resolution section 301(d) of the Congressional Budget Act of 1974, as well as the
each shall contain a clear statement of the effect the eventual enactment joint explanatory statement accompanying the conference report on any
of a joint resolution engrossed under this rule would have on the statutory concurrent resolution on the budget, shall contain a clear statement of the
limit on the public debt. effect under this rule that the adoption by both the House and the Senate
(b) It shall not be in order for the House to consider a concurrent of such concurrent resolution in the form in which it is being reported
resolution described in clause 1, or a conference report thereon, unless (and the adoption of the joint resolution thereupon prepared and enrolled
the report of the Committee on the Budget or the joint explanatory under clause 1) would have upon the statutory limit on the public debt. It
statement of the managers complies with paragraph (a). shall not be in order in the House of Representatives at any time to
consider or adopt any concurrent resolution on the budget (or agree to any
conference report thereon) if at that time the report accompanying such
concurrent resolution (or the joint statement accompanying such conference
report) does not comply with the requirements of this clause.
4. Nothing in this rule shall be construed as limiting or otherwise 4. Nothing in this rule shall be construed as limiting or otherwise
affecting-- affecting the power of the House of Representatives or the Senate to
(a) the power of the House or the Senate to consider and pass bills or consider and pass a bill which (without regard to the procedures under
joint resolutions, without regard to the procedures under clause 1, that clause 1) changes the statutory limit on the public debt most recently
would change the statutory limit on the public debt; or established under this rule or otherwise; and the rights of Members and
(b) the rights of Members, Delegates, the Resident Commissioner, or committees of the House with respect to the introduction, consideration,
committees with respect to the introduction, consideration, and reporting and reporting of any such bill shall be determined as though this rule had
of such bills or joint resolutions. not been adopted.
5. In this rule the term ``statutory limit on the public debt'' means the 5. As used in this rule, the term ``statutory limit on the public debt''
maximum face amount of obligations issued under authority of chapter 31 of means the maximum face amount of obligations issued under authority of
title 31, United States Code, and obligations guaranteed as to principal chapter 31 of title 31, United States Code and obligations guaranteed as to
and interest by the United States (except such guaranteed obligations as principal and interest by the United States (except such guaranteed
may be held by the Secretary of the Treasury), as determined under section obligations as may be held by the Secretary of the Treasury), determined
3101(b) of such title after the application of section 3101(a) of such under section 3101(b) of title 31 after the application of section 3101(a)
title, that may be outstanding at any one time. of title 31 which may be outstanding at any one time.
RULE XXIV. Derived from: RULE XLIII
CODE OF OFFICIAL CONDUCT. CODE OF OFFICIAL CONDUCT
There is hereby established by and for the House the following code of There is hereby established by and for the House of Representatives the Rules XXIV-XXVII--Conduct of Members, Officers and Employees
conduct, to be known as the ``Code of Official Conduct'': following code of conduct, to be known as the ``Code of Official Conduct'':
[[Page H178]]
1. A Member, Delegate, Resident Commissioner, officer, or employee of the 1. A Member, officer, or employee of the House of Representatives shall
House shall conduct himself at all times in a manner that shall reflect conduct himself at all times in a manner which shall reflect creditably on
creditably on the House. the House of Representatives.
2. A Member, Delegate, Resident Commissioner, officer, or employee of the 2. A Member, officer, or employee of the House of Representatives shall
House shall adhere to the spirit and the letter of the Rules of the House adhere to the spirit and the letter of the Rules of the House of
and to the rules of duly constituted committees thereof. Representatives and to the rules of duly constituted committees thereof.
3. A Member, Delegate, Resident Commissioner, officer, or employee of the 3. A Member, officer, or employee of the House of Representatives shall
House may not receive compensation and may not permit compensation to receive no compensation nor shall he permit any compensation to accrue to
accrue to his beneficial interest from any source, the receipt of which his beneficial interest from any source, the receipt of which would occur
would occur by virtue of influence improperly exerted from his position in by virtue of influence improperly exerted from his position in the
Congress. Congress.
4. A Member, Delegate, Resident Commissioner, officer, or employee of the 4. A Member, officer, or employee of the House of Representatives shall
House may not accept gifts except as provided by clause 5 of rule XXVI. not accept gifts except as provided by the provisions of rule LI (Gift
Rule).
5. A Member, Delegate, Resident Commissioner, officer, or employee of the 5. A Member, officer, or employee of the House of Representatives shall
House may not accept an honorarium for a speech, a writing for publication, accept no honorarium for a speech, writing for publication, or other
or other similar activity. similar activity.
6. A Member, Delegate, or Resident Commissioner-- 6. A Member of the House of Representatives shall keep his campaign funds
(a) shall keep his campaign funds separate from his personal funds; separate from his personal funds. A Member shall convert no campaign funds
(b) may not convert campaign funds to personal use in excess of an to personal use in excess of reimbursement for legitimate and verifiable
amount representing reimbursement for legitimate and verifiable campaign campaign expenditures and shall expend no funds from his campaign account
expenditures; and not attributable to bona fide campaign or political purposes.
(c) may not expend funds from his campaign account that are not
attributable to bona fide campaign or political purposes.
7. A Member, Delegate, or Resident Commissioner shall treat as campaign 7. A Member of the House of Representatives shall treat as campaign
contributions all proceeds from testimonial dinners or other fund-raising contributions all proceeds from testimonial dinners or other fund raising
events. events.
8. (a) A Member, Delegate, Resident Commissioner, or officer of the House 8. A Member or officer of the House of Representatives shall retain no one
may not retain an employee who does not perform duties in the offices of under his payroll authority who does not perform official duties
the employing authority commensurate with the compensation he receives. commensurate with the compensation received in the offices of the employing
(b) In the case of a committee employee who works under the direct authority. In the case of committee employees who work under the direct
supervision of a member of the committee other than a chairman, the supervision of a Member other than a chairman, the chairman may require
chairman may require that such member affirm in writing that the employee that such Member affirm in writing that the employees have complied with
has complied with clause 8(a) (subject to clause 7 of rule X) as evidence the preceding sentence (subject to clause 6 of rule XI) as evidence of the
of compliance by the chairman with this clause and with clause 7 of rule X. chairman's compliance with this clause and with clause 6 of rule XI.
[[Page H179]]
9. A Member, Delegate, Resident Commissioner, officer, or employee of the 9. A Member, officer, or employee of the House of Representatives shall
House may not discharge and may not refuse to hire an individual, or not discharge or refuse to hire any individual, or otherwise discriminate
otherwise discriminate against an individual with respect to compensation, against any individual with respect to compensation, terms, conditions, or
terms, conditions, or privileges of employment, because of the race, color, privileges of employment, because of such individual's race, color,
religion, sex (including marital or parental status), disability, age, or religion, sex (including marital or parental status), handicap, age, or
national origin of such individual, but may take into consideration the national origin, but may take into consideration the domicile or political
domicile or political affiliation of such individual. affiliation of such individual.
10. A Member, Delegate, or Resident Commissioner who has been convicted by 10. A Member of the House of Representatives who has been convicted by a
a court of record for the commission of a crime for which a sentence of two court of record for the commission of a crime for which a sentence of two
or more years' imprisonment may be imposed should refrain from or more years' imprisonment may be imposed should refrain from
participation in the business of each committee of which he is a member, participation in the business of each committee of which he is a member and
and a Member should refrain from voting on any question at a meeting of the should refrain from voting on any question at a meeting of the House, or of
House or of the Committee of the Whole House on the state of the Union, the Committee of the Whole House, unless or until judicial or executive
unless or until judicial or executive proceedings result in reinstatement proceedings result in reinstatement of the presumption of his innocence or
of the presumption of his innocence or until he is reelected to the House until he is reelected to the House after the date of such conviction.
after the date of such conviction.
11. A Member, Delegate, or Resident Commissioner may not authorize or 11. A Member of the House of Representatives shall not authorize or
otherwise allow an individual, group, or organization not under the otherwise allow a non-House individual, group, or organization to use the
direction and control of the House to use the words ``Congress of the words ``Congress of the United States'', ``House of Representatives'', or
United States,'' ``House of Representatives,'' or ``Official Business,'' or ``Official Business'', or any combination of words thereof, on any
any combination of words thereof, on any letterhead or envelope. letterhead or envelope.
12. (a) Except as provided in paragraph (b), an employee of the House who 12. (a) Except as provided by paragraph (b), any employee of the House of
is required to file a report under rule XXVII may not participate Representatives who is required to file a report pursuant to rule XLIV
personally and substantially as an employee of the House in a contact with shall refrain from participating personally and substantially as an
an agency of the executive or judicial branches of Government with respect employee of the House of Representatives in any contact with any agency of
to nonlegislative matters affecting any nongovernmental person in which the the executive or judicial branch of Government with respect to
employee has a significant financial interest. nonlegislative matters affecting any nongovernmental person in which the
employee has a significant financial interest.
(b) Paragraph (a) does not apply if an employee first advises his (b) Paragraph (a) shall not apply if an employee first advises his
employing authority of a significant financial interest described in employing authority of his significant financial interest and obtains from
paragraph (a) and obtains from his employing authority a written waiver his employing authority a written waiver stating that the participation of
stating that the participation of the employee in the activity described in the employee is necessary. A copy of each such waiver shall be filed with
paragraph (a) is necessary. A copy of each such waiver shall be filed with the Committee on Standards of Official Conduct.
the Committee on Standards of Official Conduct.
[[Page H180]]
13. Before a Member, Delegate, Resident Commissioner, officer, or employee 13. Before any Member, officer, or employee of the House of
of the House may have access to classified information, the following oath Representatives may have access to classified information, the following
(or affirmation) shall be executed: oath (or affirmation) shall be executed:
``I do solemnly swear (or affirm) that I will not disclose any classified ``I do solemnly swear (or affirm) that I will not disclose any classified
information received in the course of my service with the House of information received in the course of my service with the House of
Representatives, except as authorized by the House of Representatives or Representatives, except as authorized by the House of Representatives or
in accordance with its Rules.'' in accordance with its Rules.''
Copies of the executed oath (or affirmation) shall be retained by the Clerk Copies of the executed oath shall be retained by the Clerk of the House as
as part of the records of the House. part of the records of the House.
14. In this Code of Official Conduct, the term ``officer or employee of As used in this Code of Official Conduct of the House of Representatives--
the House'' means an individual whose compensation is disbursed by the (a) the terms ``Member'' and ``Member of the House of Representatives''
Chief Administrative Officer. include the Resident Commissioner from Puerto Rico and each Delegate to the
House; and (b) the term ``officer or employee of the House of
Representatives'' means any individual whose compensation is disbursed by
the Clerk of the House of Representatives.
RULE XXV.
LIMITATIONS ON USE OF OFFICIAL FUNDS. Derived from: RULE XLV
Limitations on use of official and unofficial accounts PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS
1. A Member, Delegate, or Resident Commissioner may not maintain, or have 1. No Member may maintain or have maintained for his use an unofficial Proposed rule XXV transfers existing rules XLV and XLVI relating to
maintained for his use, an unofficial office account. Funds may not be paid office account. limitations on use of official and unofficial accounts, limitations on the
into an unofficial office account. 2. After the date of adoption of this rule, no funds may be paid into any use of the frank, and existing clause 2(n)(5) and 5(e) of rule XI and
unofficial office account. clause 8 of rule I on prohibitions on use of funds by Members not elected
to a succeeding Congress, into one rule on limitations of use of official
funds.
2. Notwithstanding any other provision of this rule, if an amount from the 3. Notwithstanding any other provision of this rule, if an amount from the
Official Expenses Allowance of a Member, Delegate, or Resident Commissioner Official Expenses Allowance of a Member is paid into the House Recording
is paid into the House Recording Studio revolving fund for Studio revolving fund for telecommunications satellite services, the Member
telecommunications satellite services, the Member, Delegate, or Resident may accept reimbursement from non-political entities in that amount for
Commissioner may accept reimbursement from nonpolitical entities in that transmission to the Clerk of the House of Representatives for credit to the
amount for transmission to the Clerk for credit to the Official Expenses Official Expenses Allowance.
Allowance.
3. In this rule the term ``unofficial office account'' means an account or 4. For purposes of this rule--
repository in which funds are received for the purpose of defraying (a) the term ``unofficial office account'' means an account or repository
otherwise unreimbursed expenses allowable under section 162(a) of the into which funds are received for the purpose of defraying otherwise
Internal Revenue Code of 1986 as ordinary and necessary in the operation of unreimbursed expenses allowable under section 162(a) of the Internal
a congressional office, and includes a newsletter fund referred to in Revenue Code of 1954 as ordinary and necessary in the operation of a
section 527(g) of the Internal Revenue Code of 1986. congressional office, and includes any newsletter fund referred to in
section 527(g) of the Internal Revenue Code of 1954; and
(b) the term ``Member'' means any Member of, Delegate to, or Resident
Commissioner in, the House of Representatives.
[[Page H181]]
Derived from: RULE XLVI
Limitations on use of the frank LIMITATIONS ON THE USE OF THE FRANK
4. A Member, Delegate, or Resident Commissioner shall mail franked mail 1. Any franked mail which is mailed by a Member under section 3210(d) of
under section 3210(d) of title 39, United States Code at the most title 39, United States Code, shall be mailed at the equivalent rate of
economical rate of postage practicable. postage which assures that such mail will be sent by the most economical
means practicable.
5. Before making a mass mailing, a Member, Delegate, or Resident 2. A Member shall, before making any mass mailing, submit a sample or
Commissioner shall submit a sample or description of the mail matter description of the mail matter involved to the House Commission on
involved to the House Commission on Congressional Mailing Standards for an Congressional Mailing Standards for an advisory opinion as to whether such
advisory opinion as to whether the proposed mailing is in compliance with proposed mailing is in compliance with applicable provisions of law, rule,
applicable provisions of law, rule, or regulation. or regulation.
6. A mass mailing that is otherwise frankable by a Member, Delegate, or 3. Any mass mailing which otherwise is frankable by a Member under the
Resident Commissioner under the provisions of section 3210(e) of title 39, provisions of section 3210(e) of title 39, United States Code, shall not be
United States Code, is not frankable unless the cost of preparing and frankable unless the cost of preparing and printing such mass mailing is
printing it is defrayed exclusively from funds made available in an defrayed exclusively from funds made available in any appropriations Act.
appropriation Act.
7. A Member, Delegate, or Resident Commissioner may not send a mass 4. A Member may not send any mass mailing outside the congressional
mailing outside the congressional district from which he was elected. district from which the Member was elected.
5. In the case of any Representative in the House of Representatives, Existing clause 5 of rule XLVI is unnecessary given the breadth of
other than a Representative at Large, who is a candidate for any statewide existing clause 4 (proposed clause 7, rule XXV). The recodification
public office, any mass mailing shall not be frankable under section 3210 therefore deletes the clause.
of title 39, United States Code, when the same is delivered to any address
which is not located in the area constituting the congressional district
from which any such individual was elected.
8. In the case of a Member, Delegate, or Resident Commissioner, a mass 6. In the case of any Member, any mass mailing shall not be frankable
mailing is not frankable under section 3210 of title 39, United States under section 3210 of title 39, United States Code, when the same is
Code, when it is postmarked less than 60 days before the date of a primary postmarked less than sixty days immediately before the date of any primary
or general election (whether regular, special, or runoff) in which he is a or general election (whether regular, special, or runoff) in which such
candidate for public office. If the mail matter is of a type that is not Member is a candidate for public office. If mail matter is of a type which
customarily postmarked, the date on which it would have been postmarked, if is not customarily postmarked, the date on which such matter would have
it were of a type customarily postmarked, applies. been postmarked if it were of a type customarily postmarked shall apply.
[[Page H182]]
9. In this rule the term ``mass mailing'' means, with respect to a session 7. For purposes of this rule-(a) the term ``mass mailing'' means, with
of Congress, a mailing of newsletters or other pieces of mail with respect to a session in Congress, any mailing of newsletters or other
substantially identical content (whether such pieces of mail are deposited pieces of mail with substantially identical content (whether such mail is
singly or in bulk, or at the same time or different times), totaling more deposited singly or in bulk, or at the same time or different times),
than 500 pieces of mail in that session, except that such term does not totaling more than 500 pieces in that session, except that such term does
include a mailing-- not include any mailing--
(a) of matter in direct response to a communication from a person to (1) of matter in direct response to a communication from a person to whom
whom the matter is mailed; the matter is mailed;
(b) from a Member, Delegate, or Resident Commissioner to other Members, (2) from a Member to other Members of Congress, or to Federal, State, or
Delegates, the Resident Commissioner, or Senators, or to Federal, State, local government officials; or
or local government officials; or (3) of a news release to the communications media.
(c) of a news release to the communications media. (b) The term ``Member'' means any Member of the House of Representatives,
a Delegate to the House of Representatives, or the Resident Commissioner in
the House of Representatives.
(c) The term ``Members of Congress'' means Senators and Representatives
in, and Delegates and Resident Commissioners to, the Congress.
Prohibition on use of funds by Members not elected to succeeding Congress
10. Funds from the applicable accounts described in clause 1(h)(1) of rule Derived from clause 8, rule I: However, expenses may not be paid from the This proposed clause combines prohibitions on funds for travel currently
X, including funds from committee expense resolutions, and funds in any applicable accounts of the House described in clause 1(h)(1) of rule X for in clause 8, rule I, clause 2(n)(5), rule XI and clause 5(e), rule XI.
local currencies owned by the United States may not be made available for travel of a Member after the date of the general election of Members in
travel by a Member, Delegate, Resident Commissioner, or Senator after the which the Member has not been elected to the succeeding Congress, or in the
date of a general election in which he was not elected to the succeeding case of a Member who is not a candidate in such general election, the
Congress or, in the case of a Member, Delegate, or Resident Commissioner earlier of the date of such general election or the adjournment sine die of
who is not a candidate in a general election, after the earlier of the date the last regular session of the Congress.
of such general election or the adjournment sine die of the last regular
session of the Congress.
[[Page H183]]
Derived from clause 2(n)(5), rule XI: (5) No local currencies owned by the
United States may be made available under this paragraph for the use
outside of the United States for defraying the expenses of a member of any
committee after--
(A) the date of the general election of Members in which the Member has
not been elected to the succeeding Congress; or
(B) in the case of a Member who is not a candidate in such general
election, the earlier of the date of such general election or the
adjournment sine die of the last regular session of the Congress.
Derived from clause 5(e), rule XI: (e) No primary expense resolution or
additional expense resolution of a committee may provide for the payment or
reimbursement of expenses incurred by any member of the committee for
travel by the member after the date of the general election of Members in
which the Member is not elected to the succeeding Congress, or in the case
of a Member who is not a candidate in such general election, the earlier of
the date of such general election or the adjournment sine die of the last
regular session of the Congress.
RULE XXVI. Derived from: RULE XLVII
LIMITATIONS ON OUTSIDE EARNED INCOME AND ACCEPTANCE OF GIFTS. LIMITATIONS ON OUTSIDE EMPLOYMENT AND EARNED INCOME
Outside earned income; honoraria
1. (a) Except as provided by paragraph (b), a Member, Delegate, Resident 1. (a)(1) Except as provided by subparagraph (2), in calendar year 1991 or Proposed rule XXVI combines existing rule XLVII on limitations on outside
Commissioner, officer, or employee of the House may not-- thereafter, a Member or an officer or employee of the House may not-- earned income, and rule LI on acceptance of gifts, and also includes
existing rule XLI regarding officers and employees of the House who are
agents for claims against the government as new clause 11. These provisions
commonly address existing rules relating to potential conflicts of
interest.
(1) have outside earned income attributable to a calendar year that (A) have outside earned income attributable to such calendar year which Obsolete provisions in the existing rule, such as its application to years
exceeds 15 percent of the annual rate of basic pay for level II of the exceeds 15 percent of the annual rate of basic pay for level II of the after 1991 in the provisions limiting outside employment and income, have
Executive Schedule under section 5313 of title 5, United States Code, as Executive Schedule under section 5313 of title 5, United States Code, as of been deleted.
of January 1 of that calendar year; or January 1 of such calendar year; or
(2) receive any honorarium. (B) receive any honorarium.
(b) In the case of an individual who becomes a Member, Delegate, Resident (2) In the case of any individual who becomes a Member or an officer or
Commissioner, officer, or employee of the House, such individual may not employee of the House during calendar year 1991 or thereafter, such
have outside earned income attributable to the portion of a calendar year individual may not have outside earned income attributable to the portion
that occurs after such individual becomes a Member, Delegate, Resident of that calendar year which occurs after such individual becomes a Member,
Commissioner, officer, or employee that exceeds 15 percent of the annual officer or employee which exceeds 15 percent of the annual rate of basic
rate of basic pay for level II of the Executive Schedule under section 5313 pay for level II of the Executive Schedule under section 5313 of title 5,
of title 5, United States Code, as of January 1 of that calendar year United States Code, as of January 1 of such calendar year multiplied by a
multiplied by a fraction, the numerator of which is the number of days the fraction the numerator of which is the number of days such individual is a
individual is a Member, Delegate, Resident Commissioner, officer, or Member, officer, or employee during such calendar year and the denominator
employee during that calendar year and the denominator of which is 365. of which is 365.
[[Page H184]]
(c) A payment in lieu of an honorarium that is made to a charitable (3) In calendar year 1991 or thereafter, any payment in lieu of an
organization on behalf of a Member, Delegate, Resident Commissioner, honorarium which is made to a charitable organization on behalf of a
officer, or employee of the House may not be received by that Member, Member, officer or employee of the House may not be received by such
Delegate, Resident Commissioner, officer, or employee. Such a payment may individual. No such payment shall exceed $2,000 or be made to a charitable
not exceed $2,000 or be made to a charitable organization from which the organization from which such individual or a parent, sibling, spouse,
Member, Delegate, Resident Commissioner, officer, or employee or a parent, child, or dependent relative of such individual derives any financial
sibling, spouse, child, or dependent relative of the Member, Delegate, benefit.
Resident Commissioner, officer, or employee, derives a financial benefit.
(b)(1) Except as provided by subparagraph (2), in calendar year 1990, a Existing clause 1(b), rule XLVII applied only in calendar year 1990 and
Member may not have outside earned income (including honoraria received in has therefore been deleted as obsolete.
such calendar year) attributable to such calendar year which exceeds 30
percent of the annual pay as a Member to which the Member was entitled in
1989.
(2) In the case of any individual who becomes a Member during calendar
year 1990, such individual may not have outside earned income (including
honoraria) attributable to the portion of that calendar year which occurs
after such individual becomes a Member which exceeds 30 percent of $89,500
multiplied by a fraction the numerator of which is the number of days such
individual is a Member during such calendar year and the denominator of
which is 365.
2. A Member, Delegate, Resident Commissioner, officer, or employee of the 2. On or after January 1, 1991, a Member or an officer or employee of the
House may not-- House shall not--
(a) receive compensation for affiliating with or being employed by a (1) receive compensation for affiliating with or being employed by a firm,
firm, partnership, association, corporation, or other entity that partnership, association, corporation, or other entity which provides
provides professional services involving a fiduciary relationship; professional services involving a fiduciary relationship;
(b) permit his name to be used by such a firm, partnership, association, (2) permit that Member's, officer's, or employee's name to be used by any
corporation, or other entity; such firm, partnership, association, corporation, or other entity;
(c) receive compensation for practicing a profession that involves a (3) receive compensation for practicing a profession which involves a
fiduciary relationship; fiduciary relationship;
(d) serve for compensation as an officer or member of the board of an (4) serve for compensation as an officer or member of the board of any
association, corporation, or other entity; or association, corporation, or other entity; or
(e) receive compensation for teaching, without the prior notification (5) receive compensation for teaching, without the prior notification and
and approval of the Committee on Standards of Official Conduct. approval of the Committee on Standards of Official Conduct.
[[Page H185]]
Copyright royalties
3. (a) A Member, Delegate, Resident Commissioner, officer, or employee of 3. A Member, officer, or employee of the House may not--
the House may not receive an advance payment on copyright royalties. This (1) receive any advance payment on copyright royalties, but this paragraph
paragraph does not prohibit a literary agent, researcher, or other does not prohibit any literary agent, researcher, or other individual
individual (other than an individual employed by the House or a relative of (other than an individual employed by the House or a relative of that
a Member, Delegate, Resident Commissioner, officer, or employee) working on Member, officer, or employee) working on behalf of that Member, officer, or
behalf of a Member, Delegate, Resident Commissioner, officer, or employee employee with respect to a publication from receiving an advance payment of
with respect to a publication from receiving an advance payment of a a copyright royalty directly from a publisher and solely for the benefit of
copyright royalty directly from a publisher and solely for the benefit of that literary agent, researcher, or other individual; or
that literary agent, researcher, or other individual.
(b) A Member, Delegate, Resident Commissioner, officer, or employee of the (2) receive any copyright royalties pursuant to a contract entered into on
House may not receive copyright royalties under a contract entered into on or after January 1, 1996, unless that contract is first approved by the
or after January 1, 1996, unless that contract is first approved by the Committee on Standards of Official Conduct as complying with the
Committee on Standards of Official Conduct as complying with the requirement of clause 4(e)(5) (that royalties are received from an
requirement of clause 4(d)(1)(E) (that royalties are received from an established publisher pursuant to usual and customary contractual terms).
established publisher under usual and customary contractual terms).
Definitions
4. (a)(1) In this rule, except as provided in subparagraph (2), the term 4. For the purposes of this rule--(a) The term ``Member'' means any Member In the existing definition of the term ``officer or employee of the
``officer or employee of the House'' means an individual (other than a of the House of Representatives, a Delegate to the House of House'', the grade of GS-16 in the General Schedule of the civil service no
Member, Delegate, or Resident Commissioner) whose pay is disbursed by the Representatives, or the Resident Commissioner in the House of longer exists. Therefore the reference is updated to a rate of 120 percent
Chief Administrative Officer, who is paid at a rate equal to or greater Representatives. of the minimum rate of basic pay for GS-15 to maintain that standard.
than 120 percent of the minimum rate of basic pay for GS-15 of the General (b)(1) Except as provided by paragraph (2), the term ``officer or employee
Schedule, and who is so employed for more than 90 days in a calendar year; of the House'' means any individual (other than a Member) whose pay is
and disbursed by the Clerk and who is paid at a rate equal to or greater than
(2) when used with respect to an honorarium, the term ``officer or the annual rate of basic pay in effect for grade GS-16 of the General
employee of the House'' means an individual (other than a Member, Delegate, Schedule under section 5332 of title 5, United States Code, and so employed
or Resident Commissioner) whose salary is disbursed by the Chief for more than 90 days in a calendar year.
Administrative Officer. (2) When used with respect to honoraria, the term ``officer or employee of
the House'' means any individual (other than a Member) whose salary is
disbursed by the Clerk.
(b) In this rule the term ``honorarium'' means a payment of money or a (c) The term ``honorarium'' means a payment of money or any thing of value
thing of value for an appearance, speech, or article, by a Member, for an appearance, speech, or article, by a Member or an officer or
Delegate, Resident Commissioner, officer, or employee of the House, employee of the House, excluding any actual and necessary travel expenses
excluding any actual and necessary travel expenses incurred by that Member, incurred by such individual (and one relative) to the extent that such
Delegate, Resident Commissioner, officer, or employee (and one relative) to expenses are paid or reimbursed by any other person, and the amount
the extent that such expenses are paid or reimbursed by any other person. otherwise determined shall be reduced by the amount of any such expenses to
The amount otherwise determined shall be reduced by the amount of any such the extent that such expenses are not paid or reimbursed.
expenses to the extent that such expenses are not so paid or reimbursed.
[[Page H186]]
(c) In this rule the term ``travel expenses'' means, with respect to a (d) The term ``travel expenses'' means, with respect to a Member or an
Member, Delegate, Resident Commissioner, officer or, employee of the House, officer or employee of the House, or a relative of any such individual, the
or a relative of such Member, Delegate, Resident Commissioner, officer, or cost of transportation, and the cost of lodging and meals while away from
employee, the cost of transportation, and the cost of lodging and meals his or her residence or principal place of employment.
while away from his residence or principal place of employment.
(d)(1) In this rule the term ``outside earned income'' means, with respect (e) The term ``outside earned income'' means, with respect to a Member,
to a Member, Delegate, Resident Commissioner, officer, or employee of the officer or employee, wages, salaries, fees, and other amounts received or
House, wages, salaries, fees, and other amounts received or to be received to be received as compensation for personal services actually rendered but
as compensation for personal services actually rendered, but does not does not include--
include--
(A) the salary of a Member, Delegate, Resident Commissioner, officer, or (1) the salary of such individual as a Member, officer or employee;
employee;
(B) any compensation derived by a Member, Delegate, Resident (2) any compensation derived by such individual for personal services The phrase ``whichever occurs later'' in subparagraph (2) is deleted as
Commissioner, officer, or employee of the House for personal services actually rendered prior to the effective date of this rule or becoming such unnecessary.
actually rendered before the adoption of this rule or before he became a a Member, officer or employee, whichever occurs later;
Member, Delegate, Resident Commissioner, officer, or employee;
(C) any amount paid by, or on behalf of, a Member, Delegate, Resident (3) any amount paid by, or on behalf of, a Member, officer or employee, to
Commissioner, officer, or employee of the House to a tax-qualified a tax-qualified pension, profit-sharing, or stock bonus plan and received
pension, profit-sharing, or stock bonus plan and received by him from by such individual from such a plan;
such a plan;
(D) in the case of a Member, Delegate, Resident Commissioner, officer, (4) in the case of a Member, officer or employee engaged in a trade or
or employee of the House engaged in a trade or business in which he or business in which the individual or his family holds a controlling interest
his family holds a controlling interest and in which both personal and in which both personal services and capital are income-producing
services and capital are income-producing factors, any amount received by factors, any amount received by such individual so long as the personal
the Member, Delegate, Resident Commissioner, officer, or employee, so services actually rendered by the individual in the trade or business do
long as the personal services actually rendered by him in the trade or not generate a significant amount of income; and
business do not generate a significant amount of income; or
(E) copyright royalties received from established publishers under usual (5) copyright royalties received from established publishers pursuant to
and customary contractual terms; and usual and customary contractual terms.
(2) outside earned income shall be determined without regard to community Outside earned income shall be determined without regard to any community
property law. property law.
(e) In this rule the term ``charitable organization'' means an (f) The term ``charitable organization'' means an organization described
organization described in section 170(c) of the Internal Revenue Code of in section 170(c) of the Internal Revenue Code of 1986.
1986.
Derived from: RULE LI
Gifts GIFT RULE
5. (a)(1) A Member, Delegate, Resident Commissioner, officer, or employee 1. (a) No Member, officer, or employee of the House of Representatives
of the House may not knowingly accept a gift except as provided in this shall knowingly accept a gift except as provided in this rule.
clause.
[[Page H187]]
(2)(A) In this clause the term ``gift'' means a gratuity, favor, discount, (b)(1) For the purpose of this rule, the term ``gift'' means any gratuity,
entertainment, hospitality, loan, forbearance, or other item having favor, discount, entertainment, hospitality, loan, forbearance, or other
monetary value. The term includes gifts of services, training, item having monetary value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind, by purchase transportation, lodging, and meals, whether provided in kind, by purchase
of a ticket, payment in advance, or reimbursement after the expense has of a ticket, payment in advance, or reimbursement after the expense has
been incurred. been incurred.
(B)(i) A gift to a family member of a Member, Delegate, Resident (2)(A) A gift to a family member of a Member, officer, or employee, or a
Commissioner, officer, or employee of the House, or a gift to any other gift to any other individual based on that individual's relationship with
individual based on that individual's relationship with the Member, the Member, officer, or employee, shall be considered a gift to the Member,
Delegate, Resident Commissioner, officer, or employee, shall be considered officer, or employee if it is given with the knowledge and acquiescence of
a gift to the Member, Delegate, Resident Commissioner, officer, or employee the Member, officer, or employee and the Member, officer, or employee has
if it is given with the knowledge and acquiescence of the Member, Delegate, reason to believe the gift was given because of the official position of
Resident Commissioner, officer, or employee and the Member, Delegate, the Member, officer, or employee.
Resident Commissioner, officer, or employee has reason to believe the gift
was given because of his official position.
(ii) If food or refreshment is provided at the same time and place to both (B) If food or refreshment is provided at the same time and place to both
a Member, Delegate, Resident Commissioner, officer, or employee of the a Member, officer, or employee and the spouse or dependent thereof, only
House and the spouse or dependent thereof, only the food or refreshment the food or refreshment provided to the Member, officer, or employee shall
provided to the Member, Delegate, Resident Commissioner, officer, or be treated as a gift for purposes of this rule.
employee shall be treated as a gift for purposes of this clause.
(3) The restrictions in subparagraph (1) do not apply to the following: (c) The restrictions in paragraph (a) shall not apply to the following:
(A) Anything for which the Member, Delegate, Resident Commissioner, (1) Anything for which the Member, officer, or employee pays the market
officer, or employee of the House pays the market value, or does not use value, or does not use and promptly returns to the donor.
and promptly returns to the donor.
(B) A contribution, as defined in section 301(8) of the Federal Election (2) A contribution, as defined in section 301(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully made under Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully made under
that Act, a lawful contribution for election to a State or local that Act, a lawful contribution for election to a State or local government
government office, or attendance at a fundraising event sponsored by a office, or attendance at a fundraising event sponsored by a political
political organization described in section 527(e) of the Internal organization described in section 527(e) of the Internal Revenue Code of
Revenue Code of 1986. 1986.
(C) A gift from a relative as described in section 109(16) of title I of (3) A gift from a relative as described in section 109(16) of title I of
the Ethics in Government Act of 1978 (2 U.S.C. App. 109(16)). the Ethics in Government Act of 1978 (Public Law 95-521).
(D)(i) Anything provided by an individual on the basis of a personal (4)(A) Anything provided by an individual on the basis of a personal
friendship unless the Member, Delegate, Resident Commissioner, officer, friendship unless the Member, officer, or employee has reason to believe
or employee of the House has reason to believe that, under the that, under the circumstances, the gift was provided because of the
circumstances, the gift was provided because of his official position and official position of the Member, officer, or employee and not because of
not because of the personal friendship. the personal friendship.
(ii) In determining whether a gift is provided on the basis of personal (B) In determining whether a gift is provided on the basis of personal
friendship, the Member, Delegate, Resident Commissioner, officer, or friendship, the Member, officer, or employee shall consider the
employee of the House shall consider the circumstances under which the circumstances under which the gift was offered, such as:
gift was offered, such as:
[[Page H188]]
(I) The history of his relationship with the individual giving the (i) The history of the relationship between the individual giving the gift
gift, including any previous exchange of gifts between them. and the recipient of the gift, including any previous exchange of gifts
between such individuals.
(II) Whether to his actual knowledge the individual who gave the gift (ii) Whether to the actual knowledge of the Member, officer, or employee
personally paid for the gift or sought a tax deduction or business the individual who gave the gift personally paid for the gift or sought a
reimbursement for the gift. tax deduction or business reimbursement for the gift.
(III) Whether to his actual knowledge the individual who gave the gift (iii) Whether to the actual knowledge of the Member, officer, or employee
also gave the same or similar gifts to other Members, Delegates, the the individual who gave the gift also at the same time gave the same or
Resident Commissioners, officers, or employees of the House. similar gifts to other Members, officers, or employees.
(E) Except as provided in paragraph (c)(3), a contribution or other (5) Except as provided in clause 3(c), a contribution or other payment to
payment to a legal expense fund established for the benefit of a Member, a legal expense fund established for the benefit of a Member, officer, or
Delegate, Resident Commissioner, officer, or employee of the House that employee that is otherwise lawfully made in accordance with the
is otherwise lawfully made in accordance with the restrictions and restrictions and disclosure requirements of the Committee on Standards of
disclosure requirements of the Committee on Standards of Official Official Conduct.
Conduct.
(F) A gift from another Member, Delegate, Resident Commissioner, (6) Any gift from another Member, officer, or employee of the Senate or
officer, or employee of the House or Senate. the House of Representatives.
(G) Food, refreshments, lodging, transportation, and other benefits-- (7) Food, refreshments, lodging, transportation, and other benefits--
(i) resulting from the outside business or employment activities of (A) resulting from the outside business or employment activities (or other
the Member, Delegate, Resident Commissioner, officer, or employee of outside activities that are not connected to the duties of the Member,
the House (or other outside activities that are not connected to his officer, or employee as an officeholder) of the Member, officer, or
duties as an officeholder), or of his spouse, if such benefits have not employee, or the spouse of the Member, officer, or employee, if such
been offered or enhanced because of his official position and are benefits have not been offered or enhanced because of the official position
customarily provided to others in similar circumstances; of the Member, officer, or employee and are customarily provided to others
in similar circumstances;
(ii) customarily provided by a prospective employer in connection with (B) customarily provided by a prospective employer in connection with bona
bona fide employment discussions; or fide employment discussions; or
(iii) provided by a political organization described in section 527(e) (C) provided by a political organization described in section 527(e) of
of the Internal Revenue Code of 1986 in connection with a fundraising the Internal Revenue Code of 1986 in connection with a fundraising or
or campaign event sponsored by such organization. campaign event sponsored by such an organization.
(H) Pension and other benefits resulting from continued participation in (8) Pension and other benefits resulting from continued participation in
an employee welfare and benefits plan maintained by a former employer. an employee welfare and benefits plan maintained by a former employer.
(I) Informational materials that are sent to the office of the Member, (9) Informational materials that are sent to the office of the Member,
Delegate, Resident Commissioner, officer, or employee of the House in the officer, or employee in the form of books, articles, periodicals, other
form of books, articles, periodicals, other written materials, written materials, audiotapes, videotapes, or other forms of communication.
audiotapes, videotapes, or other forms of communication.
[[Page H189]]
(J) Awards or prizes that are given to competitors in contests or events (10) Awards or prizes which are given to competitors in contests or events
open to the public, including random drawings. open to the public, including random drawings.
(K) Honorary degrees (and associated travel, food, refreshments, and (11) Honorary degrees (and associated travel, food, refreshments, and
entertainment) and other bona fide, nonmonetary awards presented in entertainment) and other bona fide, nonmonetary awards presented in
recognition of public service (and associated food, refreshments, and recognition of public service (and associated food, refreshments, and
entertainment provided in the presentation of such degrees and awards). entertainment provided in the presentation of such degrees and awards).
(L) Training (including food and refreshments furnished to all attendees (12) Training (including food and refreshments furnished to all attendees
as an integral part of the training) if such training is in the interest as an integral part of the training) provided to a Member, officer, or
of the House. employee, if such training is in the interest of the House of
Representatives.
(M) Bequests, inheritances, and other transfers at death. (13) Bequests, inheritances, and other transfers at death.
(N) An item, the receipt of which is authorized by the Foreign Gifts and (14) Any item, the receipt of which is authorized by the Foreign Gifts and
Decorations Act, the Mutual Educational and Cultural Exchange Act, or any Decorations Act, the Mutual Educational and Cultural Exchange Act, or any
other statute. other statute.
(O) Anything that is paid for by the Federal Government, by a State or (15) Anything which is paid for by the Federal Government, by a State or
local government, or secured by the Government under a Government local government, or secured by the Government under a Government contract.
contract.
(P) A gift of personal hospitality (as defined in section 109(14) of the (16) A gift of personal hospitality (as defined in section 109(14) of the
Ethics in Government Act) of an individual other than a registered Ethics in Government Act) of an individual other than a registered lobbyist
lobbyist or agent of a foreign principal. or agent of a foreign principal.
(Q) Free attendance at a widely attended event permitted under (17) Free attendance at a widely attended event permitted pursuant to
subparagraph (4). paragraph (d).
(R) Opportunities and benefits that are- (18) Opportunities and benefits which are-
(i) available to the public or to a class consisting of all Federal (A) available to the public or to a class consisting of all Federal
employees, whether or not restricted on the basis of geographic employees, whether or not restricted on the basis of geographic
consideration; consideration;
(ii) offered to members of a group or class in which membership is (B) offered to members of a group or class in which membership is
unrelated to congressional employment; unrelated to congressional employment;
(iii) offered to members of an organization, such as an employees' (C) offered to members of an organization, such as an employees'
association or congressional credit union, in which membership is association or congressional credit union, in which membership is related
related to congressional employment and similar opportunities are to congressional employment and similar opportunities are available to
available to large segments of the public through organizations of large segments of the public through organizations of similar size;
similar size;
(iv) offered to a group or class that is not defined in a manner that (D) offered to any group or class that is not defined in a manner that
specifically discriminates among Government employees on the basis of specifically discriminates among Government employees on the basis of
branch of Government or type of responsibility, or on a basis that branch of Government or type of responsibility, or on a basis that favors
favors those of higher rank or rate of pay; those of higher rank or rate of pay;
(v) in the form of loans from banks and other financial institutions (E) in the form of loans from banks and other financial institutions on
on terms generally available to the public; or terms generally available to the public; or
[[Page H190]]
(vi) in the form of reduced membership or other fees for participation (F) in the form of reduced membership or other fees for participation in
in organization activities offered to all Government employees by organization activities offered to all Government employees by professional
professional organizations if the only restrictions on membership organizations if the only restrictions on membership relate to professional
relate to professional qualifications. qualifications.
(S) A plaque, trophy, or other item that is substantially commemorative (19) A plaque, trophy, or other item that is substantially commemorative
in nature and that is intended for presentation. in nature and which is intended for presentation.
(T) Anything for which, in an unusual case, a waiver is granted by the (20) Anything for which, in an unusual case, a waiver is granted by the
Committee on Standards of Official Conduct. Committee on Standards of Official Conduct.
(U) Food or refreshments of a nominal value offered other than as a part (21) Food or refreshments of a nominal value offered other than as a part
of a meal. of a meal.
(V) Donations of products from the district or State that the Member, (22) Donations of products from the State that the Member represents that
Delegate, or Resident Commissioner represents that are intended primarily are intended primarily for promotional purposes, such as display or free
for promotional purposes, such as display or free distribution, and are distribution, and are of minimal value to any individual recipient.
of minimal value to any single recipient.
(W) An item of nominal value such as a greeting card, baseball cap, or a (23) An item of nominal value such as a greeting card, baseball cap, or a
T-shirt. T-shirt.
(4)(A) A Member, Delegate, Resident Commissioner, officer, or employee of (d)(1) A Member, officer, or employee may accept an offer of free
the House may accept an offer of free attendance at a widely attended attendance at a widely attended convention, conference, symposium, forum,
convention, conference, symposium, forum, panel discussion, dinner, panel discussion, dinner, viewing, reception, or similar event, provided by
viewing, reception, or similar event, provided by the sponsor of the event, the sponsor of the event, if--
if--
(i) the Member, Delegate, Resident Commissioner, officer, or employee of (A) the Member, officer, or employee participates in the event as a
the House participates in the event as a speaker or a panel participant, speaker or a panel participant, by presenting information related to
by presenting information related to Congress or matters before Congress, Congress or matters before Congress, or by performing a ceremonial function
or by performing a ceremonial function appropriate to his official appropriate to the Member's, officer's, or employee's official position; or
position; or
(ii) attendance at the event is appropriate to the performance of the (B) attendance at the event is appropriate to the performance of the
official duties or representative function of the Member, Delegate, official duties or representative function of the Member, officer, or
Resident Commissioner, officer, or employee of the House. employee.
(B) A Member, Delegate, Resident Commissioner, officer, or employee of the (2) A Member, officer, or employee who attends an event described in
House who attends an event described in subdivision (A) may accept a subparagraph (1) may accept a sponsor's unsolicited offer of free
sponsor's unsolicited offer of free attendance at the event for an attendance at the event for an accompanying individual.
accompanying individual.
(C) A Member, Delegate, Resident Commissioner, officer, or employee of the (3) A Member, officer, or employee, or the spouse or dependent thereof,
House, or the spouse or dependent thereof, may accept a sponsor's may accept a sponsor's unsolicited offer of free attendance at a charity
unsolicited offer of free attendance at a charity event, except that event, except that reimbursement for transportation and lodging may not be
reimbursement for transportation and lodging may not be accepted in accepted in connection with the event.
connection with the event.
[[Page H191]]
(D) In this paragraph the term ``free attendance'' may include waiver of (4) For purposes of this paragraph, the term ``free attendance'' may
all or part of a conference or other fee, the provision of local include waiver of all or part of a conference or other fee, the provision
transportation, or the provision of food, refreshments, entertainment, and of local transportation, or the provision of food, refreshments,
instructional materials furnished to all attendees as an integral part of entertainment, and instructional materials furnished to all attendees as an
the event. The term does not include entertainment collateral to the event, integral part of the event. The term does not include entertainment
nor does it include food or refreshments taken other than in a group collateral to the event, nor does it include food or refreshments taken
setting with all or substantially all other attendees. other than in a group setting with all or substantially all other
attendees.
(5) A Member, Delegate, Resident Commissioner, officer, or employee of the (e) No Member, officer, or employee may accept a gift the value of which
House may not accept a gift the value of which exceeds $250 on the basis of exceeds $250 on the basis of the personal friendship exception in paragraph
the personal friendship exception in subparagraph (3)(D) unless the (c)(4) unless the Committee on Standards of Official Conduct issues a
Committee on Standards of Official Conduct issues a written determination written determination that such exception applies. No determination under
that such exception applies. A determination under this subparagraph is not this paragraph is required for gifts given on the basis of the family
required for gifts given on the basis of the family relationship exception relationship exception.
in subparagraph (3)(C).
(6) When it is not practicable to return a tangible item because it is (f) When it is not practicable to return a tangible item because it is
perishable, the item may, at the discretion of the recipient, be given to perishable, the item may, at the discretion of the recipient, be given to
an appropriate charity or destroyed. an appropriate charity or destroyed.
(b)(1)(A) A reimbursement (including payment in kind) to a Member, 2. (a)(1) A reimbursement (including payment in kind) to a Member,
Delegate, Resident Commissioner, officer, or employee of the House from a officer, or employee from a private source other than a registered lobbyist
private source other than a registered lobbyist or agent of a foreign or agent of a foreign principal for necessary transportation, lodging and
principal for necessary transportation, lodging, and related expenses for related expenses for travel to a meeting, speaking engagement, factfinding
travel to a meeting, speaking engagement, factfinding trip, or similar trip or similar event in connection with the duties of the Member, officer,
event in connection with his duties as an officeholder shall be considered or employee as an officeholder shall be deemed to be a reimbursement to the
as a reimbursement to the House and not a gift prohibited by this clause, House of Representatives and not a gift prohibited by this rule, if the
if the Member, Delegate, Resident Commissioner, officer, or employee-- Member, officer, or employee--
(i) in the case of an employee, receives advance authorization, from the (A) in the case of an employee, receives advance authorization, from the
Member, Delegate, Resident Commissioner, or officer under whose direct Member or officer under whose direct supervision the employee works, to
supervision the employee works, to accept reimbursement; and accept reimbursement, and
(ii) discloses the expenses reimbursed or to be reimbursed and the (B) discloses the expenses reimbursed or to be reimbursed and the
authorization to the Clerk within 30 days after the travel is completed. authorization to the Clerk of the House of Representatives within 30 days
after the travel is completed.
(B) For purposes of subdivision (A), events, the activities of which are (2) For purposes of paragraph (a)(1), events, the activities of which are
substantially recreational in nature, are not considered to be in substantially recreational in nature, shall not be considered to be in
connection with the duties of a Member, Delegate, Resident Commissioner, connection with the duties of a Member, officer, or employee as an
officer, or employee of the House as an officeholder. officeholder.
(2) Each advance authorization to accept reimbursement shall be signed by (b) Each advance authorization to accept reimbursement shall be signed by
the Member, Delegate, Resident Commissioner, or officer of the House under the Member or officer under whose direct supervision the employee works and
whose direct supervision the employee works and shall include-- shall include--
(A) the name of the employee; (1) the name of the employee;
(B) the name of the person who will make the reimbursement; (2) the name of the person who will make the reimbursement;
[[Page H192]]
(C) the time, place, and purpose of the travel; and (3) the time, place, and purpose of the travel; and
(D) a determination that the travel is in connection with the duties of (4) a determination that the travel is in connection with the duties of
the employee as an officeholder and would not create the appearance that the employee as an officeholder and would not create the appearance that
the employee is using public office for private gain. the employee is using public office for private gain.
(3) Each disclosure made under subparagraph (1)(A) of expenses reimbursed (c) Each disclosure made under paragraph (a)(1) of expenses reimbursed or
or to be reimbursed shall be signed by the Member, Delegate, Resident to be reimbursed shall be signed by the Member or officer (in the case of
Commissioner, or officer (in the case of travel by that Member, Delegate, travel by that Member or officer) or by the Member or officer under whose
Resident Commissioner, or officer) or by the Member, Delegate, Resident direct supervision the employee works (in the case of travel by an
Commissioner, or officer under whose direct supervision the employee works employee) and shall include--
(in the case of travel by an employee) and shall include--
(A) a good faith estimate of total transportation expenses reimbursed or (1) a good faith estimate of total transportation expenses reimbursed or
to be reimbursed; to be reimbursed;
(B) a good faith estimate of total lodging expenses reimbursed or to be (2) a good faith estimate of total lodging expenses reimbursed or to be
reimbursed; reimbursed;
(C) a good faith estimate of total meal expenses reimbursed or to be (3) a good faith estimate of total meal expenses reimbursed or to be
reimbursed; reimbursed;
(D) a good faith estimate of the total of other expenses reimbursed or (4) a good faith estimate of the total of other expenses reimbursed or to
to be reimbursed; be reimbursed;
(E) a determination that all such expenses are necessary transportation, (5) a determination that all such expenses are necessary transportation,
lodging, and related expenses as defined in subparagraph (4); and lodging, and related expenses as defined in paragraph (d); and
(F) in the case of a reimbursement to a Member, Delegate, Resident (6) in the case of a reimbursement to a Member or officer, a determination
Commissioner, or officer, a determination that the travel was in that the travel was in connection with the duties of the Member or officer
connection with his duties as an officeholder and would not create the as an officeholder and would not create the appearance that the Member or
appearance that the Member, Delegate, Resident Commissioner, or officer officer is using public office for private gain.
is using public office for private gain.
(4) In this paragraph the term ``necessary transportation, lodging, and (d) For purposes of this clause, the term ``necessary transportation,
related expenses''-- lodging and related expenses''--
(A) includes reasonable expenses that are necessary for travel for a (1) includes reasonable expenses that are necessary for travel for a
period not exceeding four days within the United States or seven days period not exceeding 4 days within the United States or 7 days exclusive of
exclusive of travel time outside of the United States unless approved in travel time outside of the United States unless approved in advance by the
advance by the Committee on Standards of Official Conduct; Committee on Standards of Official Conduct;
(B) is limited to reasonable expenditures for transportation, lodging, (2) is limited to reasonable expenditures for transportation, lodging,
conference fees and materials, and food and refreshments, including conference fees and materials, and food and refreshments, including
reimbursement for necessary transportation, whether or not such reimbursement for necessary transportation, whether or not such
transportation occurs within the periods described in subdivision (A); transportation occurs within the periods described in subparagraph (1);
(C) does not include expenditures for recreational activities, nor does (3) does not include expenditures for recreational activities, nor does
it include entertainment other than that provided to all attendees as an it include entertainment other than that provided to all attendees as an
integral part of the event, except for activities or entertainment integral part of the event, except for activities or entertainment
otherwise permissible under this clause; and otherwise permissible under this rule; and
[[Page H193]]
(D) may include travel expenses incurred on behalf of either the spouse (4) may include travel expenses incurred on behalf of either the spouse or
or a child of the Member, Delegate, Resident Commissioner, officer, or a child of the Member, officer, or employee.
employee.
(5) The Clerk shall make available to the public all advance (e) The Clerk of the House of Representatives shall make available to the
authorizations and disclosures of reimbursement filed under subparagraph public all advance authorizations and disclosures of reimbursement filed
(1) as soon as possible after they are received. pursuant to paragraph (a) as soon as possible after they are received.
(c) A gift prohibited by paragraph (a)(1) includes the following: 3. A gift prohibited by clause 1(a) includes the following:
(1) Anything provided by a registered lobbyist or an agent of a foreign (a) Anything provided by a registered lobbyist or an agent of a foreign
principal to an entity that is maintained or controlled by a Member, principal to an entity that is maintained or controlled by a Member,
Delegate, Resident Commissioner, officer, or employee of the House. officer, or employee.
(2) A charitable contribution (as defined in section 170(c) of the (b) A charitable contribution (as defined in section 170(c) of the
Internal Revenue Code of 1986) made by a registered lobbyist or an agent Internal Revenue Code of 1986) made by a registered lobbyist or an agent of
of a foreign principal on the basis of a designation, recommendation, or a foreign principal on the basis of a designation, recommendation, or other
other specification of a Member, Delegate, Resident Commissioner, specification of a Member, officer, or employee (not including a mass
officer, or employee of the House (not including a mass mailing or other mailing or other solicitation directed to a broad category of persons or
solicitation directed to a broad category of persons or entities), other entities), other than a charitable contribution permitted by clause 4.
than a charitable contribution permitted by paragraph (d).
(3) A contribution or other payment by a registered lobbyist or an agent (c) A contribution or other payment by a registered lobbyist or an agent
of a foreign principal to a legal expense fund established for the of a foreign principal to a legal expense fund established for the benefit
benefit of a Member, Delegate, Resident Commissioner, officer, or of a Member, officer, or employee.
employee of the House.
(4) A financial contribution or expenditure made by a registered (d) A financial contribution or expenditure made by a registered lobbyist
lobbyist or an agent of a foreign principal relating to a conference, or an agent of a foreign principal relating to a conference, retreat, or
retreat, or similar event, sponsored by or affiliated with an official similar event, sponsored by or affiliated with an official congressional
congressional organization, for or on behalf of Members, Delegates, the organization, for or on behalf of Members, officers, or employees.
Resident Commissioner, officers, or employees of the House.
(d)(1) A charitable contribution (as defined in section 170(c) of the 4. (a) A charitable contribution (as defined in section 170(c) of the
Internal Revenue Code of 1986) made by a registered lobbyist or an agent of Internal Revenue Code of 1986) made by a registered lobbyist or an agent of
a foreign principal in lieu of an honorarium to a Member, Delegate, a foreign principal in lieu of an honorarium to a Member, officer, or
Resident Commissioner, officer, or employee of the House are not considered employee shall not be considered a gift under this rule if it is reported
a gift under this clause if it is reported as provided in subparagraph (2). as provided in paragraph (b).
(2) A Member, Delegate, Resident Commissioner, officer, or employee who (b) A Member, officer, or employee who designates or recommends a
designates or recommends a contribution to a charitable organization in contribution to a charitable organization in lieu of honoraria described in
lieu of an honorarium described in subparagraph (1) shall report within 30 paragraph (a) shall report within 30 days after such designation or
days after such designation or recommendation to the Clerk-- recommendation to the Clerk of the House of Representatives--
(A) the name and address of the registered lobbyist who is making the (1) the name and address of the registered lobbyist who is making the
contribution in lieu of an honorarium; contribution in lieu of honoraria;
(B) the date and amount of the contribution; and (2) the date and amount of the contribution; and
(C) the name and address of the charitable organization designated or (3) the name and address of the charitable organization designated or
recommended by the Member, Delegate, or Resident Commissioner. recommended by the Member.
[[Page H194]]
The Clerk shall make public information received under this subparagraph as The Clerk of the House of Representatives shall make public information
soon as possible after it is received. received pursuant to this paragraph as soon as possible after it is
received.
(e) In this clause-- 5. For purposes of this rule--
(1) the term ``registered lobbyist'' means a lobbyist registered under (a) the term ``registered lobbyist'' means a lobbyist registered under the
the Federal Regulation of Lobbying Act or any successor statute; and Federal Regulation of Lobbying Act or any successor statute; and
(2) the term ``agent of a foreign principal'' means an agent of a (b) the term ``agent of a foreign principal'' means an agent of a foreign
foreign principal registered under the Foreign Agents Registration Act. principal registered under the Foreign Agents Registration Act.
(f) All the provisions of this clause shall be interpreted and enforced 6. All the provisions of this rule shall be interpreted and enforced
solely by the Committee on Standards of Official Conduct. The Committee on solely by the Committee on Standards of Official Conduct. The Committee on
Standards of Official Conduct is authorized to issue guidance on any matter Standards of Official Conduct is authorized to issue guidance on any matter
contained in this clause. contained in this rule.
Derived from: RULE XLI
Claims against the Government QUALIFICATIONS OF OFFICERS AND EMPLOYEES
6. A person may not be an officer or employee of the House, or continue in No person shall be an officer or employee of the House, or continue in its
its employment, if he acts as an agent for the prosecution of a claim employment, who shall be an agent for the prosecution of any claim against
against the Government or if he is interested in such claim, except as an the Government or be interested in such claim otherwise than as an original
original claimant or in the proper discharge of official duties. claimant or than in the proper discharge of official duties.
RULE XXVII. Derived from: RULE XLIV
FINANCIAL DISCLOSURE. FINANCIAL DISCLOSURE
1. The Clerk shall send a copy of each report filed with the Clerk under 1. A copy of each report filed with the Clerk under title I of the Ethics Proposed rule XXVII consists of existing rule XLIV relating to financial
title I of the Ethics in Government Act of 1978 within the seven-day period in Government Act of 1978 shall be sent by the Clerk within the seven-day disclosure, and incorporates by reference title I of the Ethics in
beginning on the date on which the report is filed to the Committee on period beginning the date on which the report is filed to the Committee on Government Act of 1978.
Standards of Official Conduct. By August 1 of each year, the Clerk shall Standards of Official Conduct. By August 1 of each year, the Clerk shall
compile all such reports sent to him by Members within the period beginning compile all such reports sent to him by Members within the period beginning
on January 1 and ending on June 15 of each year and have them printed as a on January 1 and ending on June 15 of each year and have them printed as a
House document, which shall be made available to the public. House document, which document shall be made available to the public.
2. For the purposes of this rule, the provisions of title I of the Ethics 2. For the purposes of this rule, the provisions of title I of the Ethics
in Government Act of 1978 shall be considered Rules of the House as they in Government Act of 1978 shall be deemed to be a rule of the House as it
pertain to Members, Delegates, the Resident Commissioner, officers, and pertains to Members, officers, and employees of the House of
employees of the House. Representatives.
RULE XXVIII. Derived from: RULE XLII
GENERAL PROVISIONS. GENERAL PROVISIONS
[[Page H195]]
1. The provisions of law that constituted the Rules of the House at the The rules of parliamentary practice comprised in Jefferson's Manual and Proposed rule XXVIII transfers existing rule XLII ``General Provisions''
end of the previous Congress shall govern the House in all cases to which the provisions of the Legislative Reorganization Act of 1946, as amended, to include the incorporation by reference of existing laws, including the
they are applicable, and the rules of parliamentary practice comprised by shall govern the House in all cases to which they are applicable, and in Legislative Reorganization Act of 1946 currently constituting the Rules of
Jefferson's Manual shall govern the House in all cases to which they are which they are not inconsistent with the standing rules and orders of the the House, and to Jefferson's Manual. New clause 2 is a rule of
applicable and in which they are not inconsistent with the Rules and orders House and joint rules of the Senate and House of Representatives. construction concerning gender. A general provisions rule should be the
of the House. last rule.
2. In these rules words importing the masculine gender include the
feminine as well.
Mr. DREIER. Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
(Mr. MOAKLEY asked and was given permission to revise and extend his
remarks, and include extraneous material.)
Mr. MOAKLEY. Mr. Speaker, before we begin, I really want to take this
opportunity to congratulate my dear friend for many years and the new
chairman, the gentleman from California (Mr. Dreier), in his new
position and wish him a reign filled with fairness and fair process and
a record number of open rules.
My good friend, the gentleman from California (Mr. Dreier), has set a
very good tone for his chairmanship. He ran the recodification task
force. And as my Democratic colleagues, the gentleman from Texas (Mr.
Frost) and the gentlewoman from New York (Ms. Slaughter), will attest,
he was bipartisan, he was fair, and he always acted as a gentleman. The
task force came up with a way to make the House rules clear and more
orderly.
I also want to thank the Parliamentarian, Charlie Johnson, and his
colleagues, Tom Duncan and John Sullivan, Muftiah McCartin and Tom
Wickham, for their very outstanding work on recodification. Mr.
Speaker, I do not think enough people realize the depth of knowledge
and expertise advising the Chair requires, but these people do the
Congress an excellent service and deserve our appreciation.
Mr. Speaker, aside from a good recodification, today's rules package
contains a handful of rules changes to which we in the minority object.
Specifically, this rules package gives the chairman of the Committee on
the Budget a blank check to write the budget resolution for fiscal year
1999.
Why do we need to do this, Mr. Speaker? Well, because my Republican
colleagues failed to pass a budget last year. For the first time, for
the very first time since the Budget Act was created, my Republican
colleagues just could not get their act together. We all know they
spent so much time on expensive partisan investigation that they failed
to complete one of the most serious and one of the most basic
responsibilities of the House, the adoption of the budget resolution.
It is one more way for my Republican colleagues to circumvent the
committee process, to avoid hearing from the public, and to write
legislation that makes a few powerful people very happy but ignores the
rest.
Mr. Speaker, this is becoming a very worrisome pattern. Just because
my Republican colleagues hold the slim majority in Congress does not
mean that they can bypass the legislative process. Passing laws,
enacting budgets is very serious business and should be treated as
such. But even worse than that, even worse than what is in the rules is
what is not in it.
Although the Democratic party won five more seats last November, this
rule package does nothing to change the ratio of Democrats to
Republicans on committees to better reflect the ratio of the House. By
failing to do so, Mr. Speaker, my Republican colleagues are really
denying millions upon millions of Americans their right to fair
representation on congressional committees.
Although the Democrats make up 49 percent of the Congress, Mr.
Speaker, they do not occupy 49 percent of the committee slots.
Mr. Speaker, I have a chart here from the Congressional Research
Service which shows that three of the most unfair Congresses during the
last 45 years in terms of committee ratios were all Republican
Congresses.
Let me repeat, Mr. Speaker, over the last 40 years, the three most
unfair Congresses, according to committee ratios, were all Republican,
and the Republicans only controlled three Congresses in the last 40
years.
I include for the Record the chart that shows that.
HOUSE COMMITTEES, PARTY RATIOS--86TH-106TH CONGRESSES
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Distribution of seats Distribution of com. seats Percent Com.
---------------------------------------------------- Total ---------------------------------------------------- maj.
Congress House Number Percentage committee Number Percentage compared to
---------------------------------------------------- seats ---------------------------------------------------- percent
Dem Rep Dem Rep Dem Rep Dem Rep House maj.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
106*............................................ 435 211 223 48.51 51.26 819 367 450 44.81 54.95 3.68
105*............................................ 435 207 227 47.59 52.18 804 356 446 44.28 55.47 3.29
104*............................................ 435 204 230 46.90 52.87 786 348 435 44.27 55.34 2.47
103............................................. 435 258 176 59.31 40.46 876 531 343 60.62 39.16 1.31
102............................................. 435 267 167 61.38 38.39 855 528 325 61.75 38.01 0.38
101............................................. 435 260 175 59.77 40.23 819 500 319 61.05 38.95 1.28
100............................................. 435 258 177 59.31 40.69 809 493 316 60.94 39.06 1.63
99.............................................. 435 253 182 58.16 41.84 788 473 315 60.03 39.97 1.86
98.............................................. 435 268 167 61.61 38.39 768 489 279 63.67 36.33 2.06
97.............................................. 435 243 192 55.86 44.14 750 436 314 58.13 41.87 2.27
96.............................................. 435 277 158 63.68 36.32 752 483 269 64.23 35.77 0.55
95.............................................. 435 292 143 67.13 32.87 779 527 252 67.65 32.35 0.52
94.............................................. 435 290 145 66.67 33.33 771 519 252 67.32 32.68 0.65
93.............................................. 435 243 192 55.86 44.14 688 393 295 57.12 42.88 1.26
92.............................................. 435 255 180 58.62 41.38 659 392 267 59.48 40.52 0.86
91.............................................. 435 243 192 55.86 44.14 636 362 274 56.92 43.08 1.06
90.............................................. 435 248 187 57.01 42.99 613 353 260 57.59 42.41 0.57
89.............................................. 435 295 140 67.82 32.18 602 407 195 67.61 32.39 (0.21)
88.............................................. 435 258 177 59.31 40.69 594 354 240 59.60 40.40 0.29
87.............................................. 437 262 175 59.95 40.05 584 350 234 59.93 40.07 (0.02)
86............................................. 436 283 153 64.91 35.09 575 365 210 63.48 36.52 (1.43)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Source for data for the 86th-95th Congresses is U.S. Congress, House Select Committee on Committees, ``Final Report of the Select Committees on Committees U.S. House of Representatives''
(Washington; GPO, 1980), pp. 449-507. For the 96th and 97th Congresses, sources are Congressional Directory, and Congressional Record. For the 98th-105th Congresses, sources are
Congressional Yellow Book, and Vital Statistics on Congress, 1997-1998. Data for 106th Congress are current estimates based on projected committee assignments. For the 106th Congress, data
do not reflect post-election resignations. In the 86th and 87th Congresses, the House membership was increased to accommodate the admission of Alaska and Hawaii to the Union. Ratios do not
include Resident Commissioners, or Delegates. Independents are calculated in the data for totals. Percentages in parentheses are negative, all others are positive. Percentages were
calculated by computer, and reflect rounding. Asterisks indicate Congresses when Republicans were the majority, all other Congresses represent data when Democrats were the majority.
For the last 5 years, Republicans have awarded themselves more
committee seats than fairness would dictate.
In this Congress, they control 54.9 percent of the committee seats,
but yet only have 51 percent of the Congress. In other words, Mr.
Speaker, the Republican leadership, and I want the Speaker to
understand this because he just said how fair he is going to be, the
Republican leadership has taken 30 committee seats away from Democratic
Members.
Now, I think the best way to treat this new Congress in a very civil
manner and a very fair manner is to distribute the seats according to
the number of Congressmen that are elected. By stacking congressional
committees with Republican Members, my Republican colleagues have
ensured that they have the votes to derail the proposals of the
American people, the ones that they are clamoring for and then some.
The Republican leadership is telling the millions of Americans who
elected Democratic representatives to forget about protecting Social
Security, forget about enacting managed care programs and shoring up
our schools.
With this rules package, Mr. Speaker, the congressional committees
are stacked at the outset, and it is going to be very difficult to
enact anything that the Republican leadership does not want, despite
the overwhelming results of last November's election.
One such issue is protecting the surplus of the Social Security trust
fund. The Senate has already a point of order against spending budget
surpluses. I think the House should follow suit. Until we can ensure
that Social Security will be protected well into the next millennium,
we have no business
[[Page H197]]
spending the surplus on anything but Social Security checks.
For that reason, Mr. Speaker, I urge my colleagues to support the
motion to recommit because if the motion to recommit passes, it will
allow us to make the committee ratios closer to the ratio in the House
and it will allow us to prevent Members from using the Social Security
trust fund surplus to fund anything until Social Security itself is
secure.
Furthermore, Mr. Speaker, I urge my colleagues to oppose the previous
question so that we can offer an amendment to allow the citizens from
Washington, D.C., the voice of their delegate, a voice in the Congress,
to give disabled access to the House floor and also to prevent House
Members from intimidating interest groups.
Mr. Speaker, I reserve the balance of my time.
Mr. DREIER. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Florida (Mr. Goss), vice chairman of the committee, my
very good friend from Sanibel.
Mr. GOSS. Mr. Speaker, I would like to wish all of my colleagues a
happy new year.
As we begin the 106th Congress today we all share in the commitment
to move forward with the agenda of the American people, as we have
heard in the statements already made this morning by leadership,
including providing more efficient and responsive government, something
we all want, tax reform, education reform, preservation of Social
Security and protecting our national security, all those big challenges
that we have as a body to take on.
Before we can proceed on these matters, however, we must put in place
the rules under which we will operate. This rules package is fairly
thin, actually. It does not need to be big. It is not particularly
controversial and I do not think it should be at all.
The message here is that the rules we have, put in place by the
reforms that began in 1995 when we took over as a majority, are working
pretty well. I am proud to have been part of the effort in 1995 and the
refinements we made in 1997, all of which assured us that only modest
adjustment would be needed now in 1999, and that is what we are here
about today, some modest adjustments.
I want to particularly applaud the chairman of the Committee on
Rules, my friend and colleague, the gentleman from California (Mr.
Dreier), the ranking member, my colleague and friend, the gentleman
from Massachusetts (Mr. Moakley), as well as all the Parliamentarians
and staff, all of whom worked for literally years on the recodification
of our rules reflected in today's package.
This effort, which leads to fewer, easier-to-read rules for this
House, without making substantive changes in those rules, was indeed a
monumental task. As anyone who has tried to follow the arcane specifics
of House rules and parliamentary proceedings knows, this streamlining
and housekeeping is truly a public service. I congratulate them for the
work done.
All in all, I urge Members to support the basic package, which
provides some commonsense updates and revisions to the rules of this
House.
Mr. Speaker, I would like to speak a little longer about one
provision of this package, that which extends the life of the Cox
Select Committee on China, for the limited specific purpose of
facilitating declassification of its report.
I was privileged to serve on this committee, which worked in a quiet,
deliberative, efficient and bipartisan manner under the leadership of
the chairman, the gentleman from California (Mr. Cox), and the ranking
member, the gentleman from Washington (Mr. Dicks), to conclude our
serious and complicated business. The request the Select Committee
makes of this House for an additional 3 months, without any additional
funds, is very reasonable. A declassified version of the report will
helpfully advance public understanding of our complicated relationship
with China on the subject of transfer of technology and its effect on
our national security, something that we are all charged with the
responsibility for.
Having said that, I urge my colleagues to consider this package as
favorable.
Mr. DICKS. Mr. Speaker, will the gentleman yield?
Mr. GOSS. I yield to the gentleman from Washington.
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. Mr. Speaker, I want to compliment the gentleman from
Florida (Mr. Goss) on his statement.
Mr. Speaker, we have some problems with the rules, but we definitely
support the extension of the Cox Select Committee.
Mr. Speaker, although I will be opposing the resolution establishing
the Rules of the House of Representatives for the 106th Congress, I
want to note for my colleagues my support for the provision which will
extend for three months the life of the Select Committee on U.S.
National Security and Military/Commercial Concerns with the People's
Republic of China (PRC).
The Select Committee in late December unanimously approved a lengthy
classified report of its investigation of issues related to the
transfer of United States technology to the PRC. As the Ranking
Democrat of the Select Committee, I joined with Chairman Chris Cox in
sending a copy of the report to the President with a request that it be
expeditiously declassified.
I want to underscore that the Select Committee's investigation is
over. The extension provision makes clear that for the next three
months, the Select Committee will be engaged solely in activities
associated with the declassification and public release of the report.
This will require a very small staff and no funds beyond some portion
of those originally provided to the Select Committee, but neither
obligated nor expended during the 105th Congress.
I believe the House needs to have the Select Committee in place to
facilitate the declassification process. I support the Select
Committee's extension to serve that limited purpose.
{time} 1445
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Nadler).
(Mr. NADLER asked and was given permission to revise and extend his
remarks.)
Mr. NADLER. Mr. Speaker, last year, along with the former Committee
on Rules chairman, the gentleman from New York (Mr. Solomon), I
introduced House Resolution 529, the Plain English In Law Rule.
When we introduced the resolution, there was a broad consensus that
the idea was sound; and I was assured by the gentleman from New York
(Mr. Solomon) that the House Republican leadership was in agreement
with the proposal and that it would be incorporated into the rules
package in the 106th Congress. I do not know why this was not done. I
am not aware of any opposition whatsoever to this proposal, and I offer
it as an amendment now.
Mr. Speaker, we all know that most of our amendments and bills are
practically incomprehensible consisting, as they do, of a series of
provisions adding a word or phrase in the middle of line 3 or line 5 on
page 8 of the bill.
Mr. Speaker, my amendment would require that any bill or amendment
clearly show the changes that would be made in the law by the bill or
amendment. This should be accomplished by requiring the paragraph to be
amended to be set forth in the bill or amendment with the old language
proposed to be omitted in brackets and the new language proposed to be
added in italics.
So a Member will be able, at a glance, to read the law as it is and
as it is proposed to be, easily understanding the effect of the
proposed bill or amendment. Most State legislatures draft their bills
this way.
My amendment would cost no money and would allow Members and the
public to be better informed about our proposal, about our proposed
legislation. Again, I know of no opposition. I have been pushing this
now for 4 years. I urge its adoption as an amendment today. If it is
not adopted as an amendment, I urge the Republican leadership to
consider it subsequently in this session.
Mr. DREIER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Utah (Mr. Hansen) the very, very distinguished chairman
of the Committee on Standards of Official Conduct.
(Mr. HANSEN asked and was given permission to revise and extend his
remarks, and include extraneous material.)
Mr. HANSEN. Mr. Speaker, I appreciate my friend, the gentleman from
California, for yielding to me.
[[Page H198]]
The rules package for the 106th Congress includes two amendments
proposed by the Committee on Standards of Official Conduct: one
concerning the ethics rules and standards applicable to consultants
retained by the House, and one that eases the honoraria ban for certain
low-level House employees.
I am submitting for inclusion in the record a pair of brief memoranda
prepared by the Committee on Standards of Official Conduct that
summarizes these amendments. These memoranda cite to rule numbers in
use prior to the recodification of the rules.
I also wish to state that the amendment concerning consultants is
intended solely to subject consultants to applicable provisions of the
House Code of Conduct. It is not intended to confer on any consultant
the status of employee generally, nor does it subject consultants to
any other provision of House rules or public law applicable to Members,
officers, or employees of the House by virtue of such status.
In particular, consultants remain distinct from and are not to be
considered employees with respect to the Internal Revenue Code, Federal
appropriations law, the Congressional Accountability Act, and any of
the statutory provisions relating to retirement or other benefits
available to employees of the House.
Mr. Speaker, the documents I referred to above are as follows:
Amendment of the Honorarium Prohibition
Rules Change.--Amend the honorarium provisions of House
Rules 43 and 47 to permit certain lower-level House employees
to receive honoraria (i.e., compensation for an article,
speech or appearance) for activities unrelated to official
duties. These amendments will bring the rules into conformity
with the Supreme Court's decision in United States v.
National Treasury Employee's Union (``NTEU''), \1\ which
struck down the honorarium ban found in Sec. 501(b) of the
Ethics in Government Act as applied to lower-level Executive
Branch employees.
---------------------------------------------------------------------------
\1\ 513 U.S. 454, 115 S.Ct. 1003 (1995).
---------------------------------------------------------------------------
Discussion.--Under both statutory provisions and House
rules amendments enacted in the Ethics in Government Act of
1989, all Members, officers and employees are prohibited from
receiving any honoraria.
NTEU was a class-action lawsuit that challenged the
constitutionality of the honoraria ban as applied to
executive branch employees. The Supreme Court held that the
statutory honoraria prohibition was an impermissible
infringement on the free speech of lower-level executive
branch employees. Following the NTEU decision, the Justice
Department, absent clear guidance from Congress to the
contrary, has been unwilling to enforce the statutory
prohibition against any federal employee, including those
employees not covered by the NTEU decision.
The Supreme Court's ruling in NTEU suggested it would be
constitutionally permissible for Congress to draft a statute
(1) to prohibit Members of Congress, senior-level
congressional employees, and senior-level executive branch
officials and employees from receiving any honoraria, and (2)
to prohibit lower-level federal employees from receiving an
honorarium where an impermissible nexus exists between either
the employees' congressional status or official duties and
the subject matter of the activities, the reason the
honorarium is paid, or the identity of the party paying the
honorarium.
The officers and employees who would be allowed to receive
honoraria under the terms of the amendment are those paid at
a rate less than 120 percent of the minimum rate of basic pay
for GS-15. In calendar year 1998, the rate was $87,030, and
in 1999 this rate will be slightly higher.
Lobbying by House Committee Consultants
Rules Change.--Amend House Rule 43, the Code of Official
Conduct, to make it key provisions applicable to consultants,
including the requirement that they conduct themselves in a
manner that reflects creditably on the House (clause 1), the
conflict-of-interest provision (clause 3), and the gift rule
(clause 4).
Discussion.--Controversy was generated in the 105th
Congress by the practice of House committees retaining
individuals under contracts that allow them to lobby the
House on behalf of their other clients. Attorneys and other
individuals are retained under a statutory provision that
authorizes House and Senate committees to retain consultants
for the purpose of providing certain services on a short-term
basis.\1\ Pursuant to implementing regulations issued by the
House Oversight Committee, any House committee consultant is
to act as an independent contractor and not as a committee
employee.
---------------------------------------------------------------------------
\1\ 2 U.S.C. Sec. 72a(i).
---------------------------------------------------------------------------
However, both the Senate and the Executive Branch have
taken the position that even though an individual is not
formally designated as a government employee, the individual
will be subject to the major ethics rules that apply to
employees if he or she is (1) performing a governmental
function and (2) working under the supervision of a Federal
officer or employee. Indeed, it appears to be anomalous that
a consultant who is, for example, leading a House committee
investigation is subject to no ethics rules whatsoever, but
both the Members who sit on the employing committee, as well
as the committee employees who are working on the
investigation, are subject to the full range of the rules.
The standard form consultant contract issued by the House
Oversight Committee includes a provision that bars lobbying,
but that prohibition can be waived. At times the Standards
Committee has been asked to endorse a consultant contract
that another committee is proposing to enter into, but
Standards Committee policy has been to decline to do so
unless the contract prohibits lobbying.
The amendment to House Rule 43 would subject consultants to
the basic ethics rules--including rules under which lobbying
of the House during the term of the contract would be
prohibited--and would likewise subject them to Standards
Committee jurisdiction. The amendment would not subject
consultants to the entire range of the ethics rules. The
Committee is aware that such an approach would be unduly
burdensome for individuals who are to serve the House for a
limited period of time only, and would unnecessarily diminish
the pool of talent available to the House for short-term
projects. The Committee would implement this amendment
consistent with this concept.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Matsui).
Mr. MATSUI. Mr. Speaker, I thank the gentleman for yielding to me. I
would like to just refer a little bit to what the ranking member of the
Committee on Rules talked about.
We talked about bipartisanship this morning, and I think the new
Speaker really raised his hands, and he obviously reached out. One of
the problems, however, is in the rule that the Republicans have just
offered; and that is, it would basically allow the Chair of the Budget
Committee to be the Committee on Rules and pretty much do anything he
wants. He does not have to have any finding of facts. He can basically
direct the Subcommittees of the Committee on Appropriations and also
the Committee on Ways and Means on the whole reconciliation process.
This is not the way to start off in a bipartisan fashion.
Secondly, we have in our bill, the Democrats, what we would hope that
the Republicans would put in their bill, a provision that Speaker-elect
Livingston 3 weeks ago talked about, he wanted to make it actually H.R.
2; and that would have been to take the Social Security surplus, the
Social Security account off budget.
As we all know, there is a lot of talk about using spending programs,
perhaps the defense increase that the President and Republicans are
talking about, tax cuts the Republicans are talking about, to use from
the Social Security surplus.
What our provision will basically do is preserve that surplus unless
and until the Social Security trustees basically say that there is a
budget surplus that exceeds the social security surplus. Right now, we
are going to have $1.5 trillion worth of surpluses over the next 10
years. Nine percent of that is in the area of Social Security.
If in fact we use that for tax cuts or for spending programs, we are
going to really default to our senior citizens who will be retiring in
large numbers during the baby boom populations in the year 2009 and
beyond. We cannot afford to let that happen.
This is a simple way basically to make sure that we preserve the
Social Security surplus for future generations of Americans and not use
it and squander it as we may do in this Congress if we are not careful.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Weygand).
Mr. WEYGAND. Mr. Speaker, I rise today in support of our motion to
move the previous question because of an unfairness that we have within
our rules system right now, Mr. Speaker.
Presently we are silent in our rules regarding handicapped access to
the floor, allowing handicapped individuals to have aides and services
that they may need to be on this floor, whether it be a staffer or a
Member.
We have proposed an amendment that would allow for handicapped
persons to bring such aides and services onto the floor unless the
Speaker so decides that such would be a very difficult thing to occur.
The difficulty would be expense for the operations of the House.
Mr. Speaker, 2 years ago in the Senate, a staffer who had an
expertise that
[[Page H199]]
was necessary for the Member to have on the floor was denied access to
the floor simply because she needed a seeing-eye dog. The rules in the
Senate were silent. But they immediately changed it to allow for
handicapped individuals to have those aides and services to be brought
on the floor.
While our Parliamentarian and the clerks have indicated that would
not be a problem here, our rule is also silent on that particular
issue.
I ask the House to adopt a rule that will provide for a prospective,
a proactive means of making sure that handicapped individuals be
allowed onto the floor with the kinds of aides and services they need.
The Speaker just a little while ago talked about bipartisanship and
fairness. Is it not fair that the same rules that we impose upon other
government agencies and other individuals be so imposed upon us here on
this floor? If this is a hallowed place, should not it be hallowed for
all people who enter this chamber, and should not we allow all those
people that need handicapped accessibility and services and aides be
allowed on this floor?
Certainly right now, Mr. Speaker, the rules do not provide so. I ask
for the majority's support to allow for those individuals to be here on
the floor.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
the District of Columbia (Ms. Norton).
(Ms. NORTON asked and was given permission to revise and extend her
remarks.)
Ms. NORTON. Mr. Speaker, I welcome the bipartisanship that is
apparent in some of these rules. A rules package worthy of this House,
however, would return the vote in the Committee of the Whole to the
taxpaying District's residents.
Some rules inevitably reflect partisan desires in either caucus. But
surely there is no partisan answer to the question: Should taxpaying
American citizens have voting representation in the Committee of the
Whole in this body. The House said yes in 1993. The Court of Appeals
and the U.S. District Court said yes when it was challenged.
The people I represent have met every obligation of citizenship. They
have fought and died in every war. They sent more people to fight in
Desert Storm than 47 States. Yet, it is our taxpaying status that might
most move this tax-conscious body. We are third, per capita, in Federal
income taxes sent to the Federal Treasury; $1.7 billion sent last year.
Do I have to remind this body that our forefathers went to war over
taxation without representation? Make peace with the District of
Columbia on the vote that was taken away in 1993.
We have a tough new mayor who has helped bring the city out of
insolvency. We have a brand-new oversight-conscious city council. The
city is running surpluses. Yet every law my city enacts comes here
before it becomes law. Every cent we raise in the District must be
appropriated by this body, although this body gives us no Federal
payment.
Should I have to stand here voteless and watch others vote on local
revenue raised in my city and local laws passed by my council? I ask
for the vote as a minimal recognition of the citizens who live in our
Nation's capital. Do not leave the people who live here to watch you
vote while having none of their own.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Edwards).
Mr. EDWARDS. Mr. Speaker, there has been much said recently about the
rule of law and bipartisanship. The proposed amendment of the gentleman
from Massachusetts (Mr. Moakley) to Rule XXIV, clause 14 of the Rules
of this House would enhance both.
With his amendment, we can cast a bipartisan vote that would protect
the integrity of the lawmaking process. With this amendment, we can
strengthen the rule of law by improving the rules by which we pass our
laws. Specifically, this amendment says that our power as Members
should be used to pass public laws, to punish private citizens for
their political party affiliation.
Mr. Speaker, for a half a century, our Nation and its veterans stood
up against a form of government that said one's job depended upon one's
political party affiliation. It was wrong then, and it is wrong today.
This is a common-sense amendment that the gentleman from
Massachusetts (Mr. Moakley) has proposed. In the spirit of the comity
of this day, I would urge Republicans and Democrats to support that
amendment. Let our words and deeds be bipartisan.
In conclusion, let me let the amendment speak for itself. It says
that a Member, Delegate or Resident Commissioner may not in his
official capacity intervene, including threatening to deny access, to
prevent the hiring of, or to encourage the dismissal of an individual
by any lobbying organization, trade association, or law firm based upon
the political party affiliation of such individual.
A Member who is a member of the leadership may not attempt to
intimidate any interest group by threatening to base its decisions
about scheduling legislation for consideration by the House based upon
the pattern of political contributions by such interest group.
I urge Members on a bipartisan basis to vote against the previous
question. Let us add this common-sense, fair amendment to the rules of
the people's House.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
North Dakota (Mr. Pomeroy).
Mr. POMEROY. Mr. Speaker, I am one of those Members who hopes that
1999 will be a year in which both parties and the President come
together to enact legislation to preserve and strengthen Social
Security for the 21st century.
I was delighted with the emphasis Speaker Hastert made on Social
Security in his remarks. The rule we are proposing ought to serve as
the bipartisan point of departure for important debate on Social
Security. We ought to agree today, the first day of this Congress, that
all of the revenue generated by Social Security will be dedicated to
Social Security, that all budget surpluses will be saved until the
long-term solvency of Social Security is secure.
Unlike the Senate, there is no House rule at present against
consideration of a bill that uses the surplus generated by Social
Security. Our rule proposed in this motion would provide for the first
time real enforcement of Social Security's off-budget status.
The rule also maintains fiscal discipline and keeps our country on
the course to a budget that is balanced and does not rely on Social
Security to conceal deficits in the rest of the budget. According to
the Congressional Budget Office, 98 percent of the unified budget
surplus over the next 10 years is Social Security money.
Let us adopt this rule. If we do not, the temporary surpluses from
Social Security may be dissipated, spent, devastating our ability to
preserve the long-term solvency of Social Security. Let us agree, we
are going to fix Social Security; and starting today, we are going to
commit that Social Security dollars will only be used for Social
Security benefits.
{time} 1500
Mr. MOAKLEY. Mr. Speaker, may I inquire how much time my Chairman has
remaining.
The SPEAKER pro tempore (Mr. LaHood). The gentleman from
Massachusetts (Mr. Moakley) has 11 minutes remaining; the gentleman
from California (Mr. Dreier) has 13\1/2\ minutes remaining.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
South Carolina (Mr. Spratt).
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Speaker, I rise in support of the Democratic rules
which will be offered on the motion to recommit and against the
Republican rules for many reasons, but 2 in particular which affect the
budget.
First, let me give everyone in this House a reason to vote for the
motion to recommit if we are for saving Social Security. Our rules will
make it out of order in this House to consider any bill or any
amendment that would make any use of the budget surplus that stems from
the surplus in the Social Security Trust Fund for anything other than
Social Security. We even go a step further. We say that no budget
surplus of any kind can be used for anything until Social Security is
in actuarial bonds for 75 years. So if we
[[Page H200]]
truly want to take Social Security off budget and protect it, save it
first, then we should vote for the motion to recommit.
Mr. Speaker, I also have to say with concern that the rules proposed
by the majority will amend rule XXVIII and give the Chairman of the
Committee on the Budget the unilateral power to set budget totals and
committee spending allocations for fiscal years 1999 through 2003. This
is a sweeping grant of authority, and I can only infer, because no one
has explained it to me or consulted me about it, that the reason we are
taking this extraordinary step is that last year, for the first time in
24 years, this House, this Congress failed to pass a concurrent budget
resolution. This rule change would allow the House in effect to pretend
that we passed that resolution even though we really did not.
This raises an important question, this phantom resolution. What are
the spending and revenue levels going to be? Are they the levels that
were in the House-passed resolution which the Senate, the other body
would not agree to? Are they the caps in the balanced budget agreement
of 1997? Are we abandoning the BBA? Are we going to require the
Committee on Ways and Means and the Committee on Transportation and the
Committee on Commerce to cut $56 billion?
This is not necessary, it is not wise, and it is not unprecedented.
Every member has 2 good reasons to vote for the motion to recommit.
Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Dingell), the dean of the House.
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, I rise in support of the Democratic motion
to recommit, which will occur shortly, and to object to the unfair
ratios that the Republican majority has established for standing
committees. I urge a ``no'' vote on the rule. We held an election just
2 months ago, and the American people voted in nearly equal numbers for
Democrats and Republicans. On the House floor, 51 percent of the
Members are Republicans. But in the Committee on Commerce, they will
control 54.7 percent of the seats. The difference is the largest that
has ever occurred in our committee in the past 50 years.
This is a very simple attempt to rig the results of the election
against the people who they voted. And it is also an attempt to deny
the American people who voted for a Democratic Congressman the same
rights as those who voted for a Republican Congressman. It totally
denigrates the concept of one man, one vote.
This is not just simply a matter of numbers. It is a matter of
fairness and equality and democracy. It is unfair to Members who serve
here.
But there is a greater unfairness, and that unfairness is that
Members of this body who are Democrats achieve less weight to their
vote than do Members who happen to be Republicans. What is important
here is that this action denies the people the right to have issues of
importance to them debated here in the House of Representatives in a
fair and proper fashion, with proper weight being given to the vote of
each voting American citizen.
Let me give an example. In the past Congress, with bipartisan
support, the Congress nearly passed the Patients' Bill of Rights to
allow patients and their doctors to make medical decisions rather than
bureaucrats in HMOs. I am convinced that with the result of the recent
elections, we could be successful in passing that legislation this
year. However, by stacking the Committee on Commerce with a greater
number of Republicans than the numbers would actually be justified in
the House, the bill is probably going to get buried in the committee
and we are going to then be compelled to address the problem under the
mechanism of a discharge petition in order to have the people's will,
which was clearly expressed, carried out.
The answer to the problems that we confront is simple. Establish
committees that reflect the House as a whole. Force committees to work
out their partisan differences before bringing them to the floor. Let
the will of the American people, freely and clearly expressed in the
last election, be felt and be heard here.
Mr. Speaker, at this point I will insert an analysis and a table
showing the majority and minority ratios of the Committee on Commerce
over the past years. The analysis shows that the ratios established by
the Republican majority of the Congress for the Committee on Commerce
are the most disproportionate and unfair of any of the past Congresses.
Does this sound like democracy? No. Does it sound like
bipartisanship? No. Does it sound like comity and fair treatment?
Clearly not. I urge a ``no'' vote on the rule, and I urge a vote on the
motion to recommit.
House of Representatives,
Committee on Commerce,
Washington, DC, December 16, 1998.
MEMORANDUM
To: Democratic Members and Member-Designates, Committee on
Commerce.
From: The Honorable John D. Dingell.
Subject: Commerce Committee Ratios.
Over Democratic objections, the Republican Leadership has
chosen committee ratios for the 106th Congress that
significantly overstate the narrow Republican margin given by
the voters last month. As for the Commerce Committee, the
Republicans have decided that there will be 29 Republicans
and 24 Democrats. The ratio for the 106th Congress is,
unfortunately, the most unfair ratio established for the
Commerce minority in the past 50 years. It should hardly be a
surprise that the ratio established for the current congress
has been the second most unfair.
As the accompanying chart shows, the ratio in the 105th
Congress for our committee reflects the largest differential
between Committee majority percentage and House majority
percentage in 50 years (2.95%). The ratio established for the
106th Congress sets an even greater differential of 3.45%.
Simply put, the Republicans are padding their meager
advantage in the House.
Other than the current Congress, ratios have always been
set in a manner that if a majority seat were transferred to
the minority, it would result in a majority percentage that
would be less than the majority percentage in the House. Put
in a more positive way, until the Republicans took control in
1994, the test was this: Assuming a given Committee size,
ratios have always been set that give the majority just
enough seats to give them a majority Committee percentage
that is greater than their percentage in the House.\1\
---------------------------------------------------------------------------
\1\ In the 86th, 89th, 90th, and 92nd Congresses, the
majority Committee advantage was actually worse than the
House advantage, but current Caucus rules would prohibit such
a result.
---------------------------------------------------------------------------
What does this mean for the 106th Congress? Our current
ratio is 28-23. The Republican leadership now wants a 29-24
ratio. Given a committee size of 53, under historical
practice we should be entitled to at least a 28-25 ratio,
which would still give the Republicans a larger percentage
than they hold in the House. If this unfair Committee ratio
is not changed, the unfairness will be replicated in the
Subcommittee ratios as well. This will mean many fewer
Subcommittee slots for Democratic Members than we deserve.
Committee ratios were the first test of the new Republican
House Leadership's claims of bipartisanship. Mr. Livingston
and the rest have failed that test. This Republican
unfairness greatly reduces the likelihood of a constructive
and productive relationship in the forthcoming Congress.
[[Page H201]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
House Commerce Analysis
------------------------------------------------------------------------------------------------
Percentage
Congress Maj. Maj. ------------------------------------------------------
Dem Rep pct. Dem Rep pct. If
House Commerce Dif. House switch Dif.
--------------------------------------------------------------------------------------------------------------------------------------------------------
81..................................................... 263 171 60.46 17 11 60.71 60.46 60.71 0.25 60.46 57.14 -3.32
82..................................................... 234 199 53.79 17 13 56.67 53.79 56.67 2.87 53.79 53.33 -0.46
83..................................................... 213 221 50.80 14 16 53.33 50.80 53.33 2.53 50.80 50.00 -0.80
84..................................................... 232 203 53.33 17 14 54.84 53.33 54.84 1.51 53.33 51.61 -1.72
85..................................................... 234 201 53.79 18 15 54.55 53.79 54.55 0.75 53.79 51.52 -2.28
86..................................................... 283 153 65.06 21 12 63.64 65.06 63.64 -1.42 65.06 60.61 -4.45
87..................................................... 262 175 60.23 20 13 60.61 60.23 60.61 0.38 60.23 57.58 -2.65
88..................................................... 258 176 59.31 20 13 60.61 59.31 60.61 1.30 59.31 57.58 -1.73
89..................................................... 295 140 67.82 22 11 66.67 67.82 66.67 -1.15 67.82 63.64 -4.18
90..................................................... 248 187 57.01 18 14 56.25 57.01 56.25 -0.76 57.01 53.13 -3.89
91..................................................... 243 192 55.86 21 16 56.76 55.86 56.76 0.89 55.86 54.05 -1.81
92..................................................... 255 180 58.62 25 18 58.14 58.62 58.14 -0.48 58.62 55.81 -2.81
93..................................................... 242 192 55.63 25 19 56.82 55.63 56.82 1.19 55.63 54.55 -1.09
94..................................................... 291 144 66.90 30 14 68.18 66.90 68.18 1.29 66.90 65.91 -0.99
95..................................................... 292 143 67.13 30 14 68.18 67.13 68.18 1.06 67.13 65.91 -1.22
96..................................................... 277 158 63.68 27 15 64.29 63.68 64.29 0.61 63.68 61.90 -1.77
97..................................................... 242 192 55.63 24 18 57.14 55.63 57.14 1.51 55.63 54.76 -0.87
98..................................................... 269 166 61.84 26 15 63.41 61.84 63.41 1.58 61.84 60.98 -0.86
99..................................................... 253 182 58.16 25 17 59.52 58.16 59.52 1.36 58.16 57.14 -1.02
100.................................................... 258 177 59.31 25 17 59.52 59.31 59.52 0.21 59.31 57.14 -2.17
101.................................................... 260 175 59.77 26 17 60.47 59.77 60.47 0.70 59.77 58.14 -1.63
102.................................................... 267 167 61.38 27 16 62.79 61.38 62.79 1.41 61.38 60.47 -0.91
103.................................................... 258 176 59.31 27 17 61.36 59.31 61.36 2.05 59.31 59.09 -0.22
104.................................................... 204 230 52.87 23 27 54.00 52.87 54.00 1.13 52.87 52.00 -0.87
105.................................................... 207 226 51.95 23 28 54.90 51.95 54.90 2.95 51.95 52.94 0.99
106.................................................... 211 223 51.26 24 29 54.72 51.26 54.72 3.45 51.26 52.83 1.57
106.................................................... 211 223 51.26 25 29 53.70 51.26 53.70 2.44 51.26 51.85 0.59
106.................................................... 211 223 51.26 26 29 52.73 51.26 52.73 1.46 51.26 50.91 -0.36
106.................................................... 211 223 51.26 27 29 51.79 51.26 51.79 0.52 51.26 50.00 -1.26
106.................................................... 211 223 51.26 25 28 52.83 51.26 52.83 1.57 51.26 50.94 -0.32
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Bottom Line: The 105th Congress had the highest differential ever between majority ratio on committee and in the House (2.95%). The 105th Congress
was also the first Congress in 50 years in which a committee seat could have been switched from Majority to Minority, and the Committee would still
have a higher majority ratio than in House in general (.99%). If Republicans have 29 seats in the 106th Congress, Democrats could have 27 seats, and
the ratio would still be above the House ratio. If the Committee were set at 53 Members, then a 28-25 ratio would still be above the House ratio.
Notes: Ratios for all Congresses do not include other parties. Committee ratios for 106th Congress assumes various scenarios. ``If switch'' means what
the Committee ratio would have been if a Majority seat had been switched to the Minority.
The differential column shows that in every Congress (except the 105th and 106th) the resultant Committee majority percentage would have been less than
the House majority percentage.
Mr. MOAKLEY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, on this first day of this new Congress, we
must recommit ourselves to saving Social Security first. By adopting
our Democratic rule, the House can stand both for Social Security and
against fiscal insecurity.
A few months ago, our Republican colleagues on this very floor
attempted to fund election-year tax breaks out of the surplus generated
by the Social Security Trust Fund. Their ill-advised proposal, which
was ultimately not approved, would have used payroll taxes paid for by
all Americans to fund tax breaks for a few Americans. That was wrong,
and in 1999, by the adoption of this rule, we can prevent the
compounding of that wrong.
Those of us who have struggled to achieve a balanced Federal budget
know that our job is not complete. For this year, we would have no
balance in the Federal budget were it not for the surplus generated by
the payroll taxes in Social Security. Indeed, this year, we would have
a $51 billion deficit without those Social Security revenues.
Our proposed Democratic rule would say that if one wants tax cuts,
and I, for one, would like to see some tax cuts, pay for that lost
revenue by closing tax loopholes and ending preferential treatment for
the few special interests. But do not finance even more preferential
tax treatment for the few by taking from the payroll taxes that are
paid by the many, and which workers see go out of their paycheck every
time they get a paycheck. And certainly, do not pay for tax breaks this
year, or new spending, for that matter, by irresponsibly adding to the
national debt.
To our Republican friends we say, do not make Social Security more
insecure, and do not undermine the progress that we have been making on
Federal deficit control that is so very important to our country's
unprecedented economic vitality.
This Congress has convened under a cloud of uncertainty, created by
the insistence that we proceed with a prolonged impeachment trial, no
matter what the cost to the country. Let us at least in this first
policy vote of 1999 in the House say that we will save Social Security
first by adopting a Democratic pay-as-you-go rule that we are advancing
today.
Swearing in of Member-Elect
The SPEAKER. Will the gentleman from Michigan (Mr. Barcia) kindly
come to the well of the House and take the oath of office at this time.
Mr. BARCIA appeared at the bar of the House and took the oath of
office, as follows:
Do you solemnly swear that you will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that you will bear true faith and allegiance to the same;
that you take this obligation freely, without any mental reservation or
purpose of evasion; and that you will well and faithfully discharge the
duties of the office on which you are about to enter, so help you God.
The SPEAKER. Congratulations.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Stenholm).
Mr. STENHOLM. Mr. Speaker, I rise today with the optimism that has
been flowing from this body all today, and in doing that, recognize
that there are parts of the Republican rules package that I support and
I think everyone does, but there are 2 glaring omissions. One is in the
area of committee ratios, something that we on the blue dogs and our
caucus in general suggested that it would be a good way to start this
Congress by saying that all committees should have the ratios as made
up in the House.
Unfortunately, many of the committee chairmen, Mr. Speaker, did not
see fit to do that. I think that is a mistake for us, because I think
it would produce the bipartisan legislation a lot better if we have
balanced committees. The Democratic package provides for that.
But the area I am particularly concerned about and hopeful that we
can have bipartisan cooperation on is Social Security reform. I have
worked extremely hard with the gentleman from Arizona (Mr. Kolbe), the
gentleman from South Carolina (Mr. Sanford), the gentleman from
Michigan (Mr. Smith) and other Members on this side of the aisle, along
with Members on my side of the aisle, to bring us to a point where we
can seriously discuss Social Security.
The Democratic rules package contains an important provision that
will reaffirm and strengthen our commitment to make Social Security
secure for future generations. The Democratic rules package strengthens
our budget rules to clarify that there is no surplus to be spent for
any purpose until we balance the budget without counting Social
Security, and prevents us from any budget surplus being used to do
anything else. This will bring a greater honesty to the budget process
and will ensure that fixing Social Security reform is our highest
priority.
[[Page H202]]
We should not talk about spending budget surpluses so long as we are
counting the Social Security Trust Fund surplus. Under current
projections, there is no surplus available to use for any purpose
unless we are willing to use the Social Security Trust Fund. The
conservative thing to do with the budget surplus is to be conservative.
Do not spend it. It is extremely important that we follow the path of
fiscal responsibility.
I encourage all Members who are committed to maintaining fiscal
discipline and maintaining the integrity of the Social Security Trust
Fund to vote for the Democratic rules package to maintain this fiscal
discipline.
Mr. MOAKLEY. Mr. Speaker, I am awaiting the arrival of the gentleman
from Michigan (Mr. Bonior). I do not know if he is going to make it,
but if he does, I will yield in the midst of my speech.
(Mr. MOAKLEY asked and was given permission to revise and extend his
remarks, and include extraneous material.)
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
I will have a motion to recommit. The motion requires fair committee
ratios and establishes a point of order to protect Social Security. I
ask Members to vote for that motion to recommit.
I also urge Members to vote ``no'' on the previous question, because
if the previous question is defeated, I will offer an amendment and the
amendment will provide for a vote in the Committee of the Whole for the
delegate from the District of Columbia.
It will also provide access to the House floor for individuals
needing supporting aids or services.
It will also prohibit House Members from improperly influencing
hiring decisions of interest groups and prohibiting House leaders from
basing decisions about scheduling legislation on patterns of political
contributions from the interest groups that advocate any kind of
legislation.
Also, Mr. Speaker, it would require all bills and all resolutions to
be written in plain English.
Mr. Speaker, at this time I will insert for the Record the text of
the amendment.
Amendment to H. Res. 5 Offered by Mr. Moakley of Massachusetts
In the amendment made by this resolution to clause 3 of
rule III of the Rules of the House of Representatives, add at
the end the following new paragraph:
``(c) In a Committee of the Whole House on the state of the
Union, the Delegate to the House from the District of
Columbia shall possess the same powers and privileges as
Members of the House.''.
In the amendment made by this resolution to clause 6 of
rule XVIII of the Rules of the House of Representatives, add
at the end the following new paragraph:
``(g) Whenever a recorded vote on any question has been
decided by a margin within which the vote cast by the
Delegate from the District of Columbia has 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
without intervention.''.
In the amendment made by this resolution to rule IV of the
Rules of the House of Representatives, redesignate clauses 6
and 7 as clauses 7 and 8, respectively, and after clause 5,
insert the following new clause:
``6. An individual with a disability who is entitled to the
privilege of the floor may bring any necessary supporting
aids and services (including service dogs, wheelchairs, and
interpreters) onto the floor unless the Sergeant-at-Arms
determines that the use of such supporting aids and services
would place a significant difficulty or expense on the
operations of the House.''.
In the amendment made by this resolution to rule XXIV of
the Rules of the House of Representatives, redesignate clause
14 as clause 15, and after clause 13, add the following new
clause:
``14. (a) A Member, Delegate, or Resident Commissioner may
not, in his official capacity, intervene (including
threatening to deny access) to prevent the hiring of or to
encourage the dismissal of an individual by any lobbying
organization, trade association, or law firm based on the
political party affiliation of such individual.
``(b) A Member who is a member of the leadership may not
attempt to intimidate an interest group by threatening to
base his decisions about scheduling legislation for
consideration by the House based on the pattern of political
contributions by such interest group.''.
In the amendment made by this resolution to rule XXI of the
Rules of the House of Representatives, at the end add the
following new clauses:
``7. A section or other provision of a bill or joint
resolution which amends a law shall be in the form of a
comparative print of the law proposed to be amended showing
by black brackets and italics the omissions and the
insertions proposed to be made in the law.
``8. An amendment to a section or other provision of a bill
or joint resolution which is to be offered when a
subcommittee or committee considers such bill or joint
resolution or when such bill or joint resolution is to be
considered in the House sitting as the Committee of the Whole
House shall be in the form of a comparative print of the
section or other provision proposed to be amended showing by
black brackets and italics the omissions and the insertions
proposed to be made in the section or other provision.''.
Mr. Speaker, I yield back the balance of my time.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
I am going to take the next few minutes to respond to some of the
criticisms of this package, but I do want to begin, as I had in my
opening remarks, in underscoring that we are in the midst of what is a
truly historic and extraordinarily positive development for this House.
As Speaker Hastert said in his speech that he delivered in the well,
he wants to rebuild the faith in this institution. There is no doubt
about the fact that that is necessary, and it is very, very important.
And while it may be seen by many as simply an inside baseball issue,
trying to make the process of law-making more understandable for the
average American is an important thing. Quite frankly, trying to make
the process of law-making more understandable for the average member of
the United States Congress is an important thing, and I believe that
with this bipartisan package which we have been working for 2 years on,
with the parliamentarians, with the Democratic staff, our very able
Republican staff, we, I am happy to say, have been able to cut nearly
in half, from 51 to 28, the number of rules that will govern this
institution.
So it seems to me that, having done that, we are making tremendous
strides.
Mr. Speaker, it appears that my friend, the gentleman from Michigan
(Mr. Bonior), is here and might like to make a statement.
Mr. Speaker, I ask unanimous consent that the gentleman from
Massachusetts (Mr. Moakley), who has yielded back the balance of his
time, be able to reclaim time so we can get words of wisdom from my
very good friend here.
The SPEAKER pro tempore (Mr. LaHood). Is there objection to the
request of the gentleman from California?
There was no objection.
Mr. MOAKLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Bonior).
Mr. BONIOR. Mr. Speaker, I thank the gentleman from Massachusetts
(Mr. Moakley) for his leadership.
I also thank the gentleman from California (Mr. Dreier) for his
courtesies and kindnesses this afternoon in allowing me to add my
comments to this debate on the rules package.
Mr. Speaker, we have heard on the floor already this afternoon a lot
of talk about a new spirit of cooperation; about working together,
Republicans and Democrats alike. I think this is very encouraging. I
think this should be nurtured, and I think we should strive in the
direction of the comments that were made by both the Democratic leader
and by the new Speaker this afternoon.
But I think we can begin that process right now, in a few minutes, on
voting on the rules package. The rules are the rules which will govern
how we act and how we will relate to each other for the next 2 years,
what we will be voting on in the next few minutes.
What we are looking for in order to come the halfway that the
gentleman from Illinois (Speaker Hastert) mentioned in his speech is
some sign from the majority that indeed they respect our numbers, they
respect the fact that we represent 49 percent of this House.
Those numbers need to be reflected in the committee ratios in which
we serve. If they are not, if they are not, then literally millions of
Americans will be disenfranchised from representation on the committees
that make a difference in their lives.
I just wanted to add, Mr. Speaker, my comments and thoughts on
committee ratios. The Democratic package I think is much more balanced,
much fairer this way. I think it is going to have to be through
reaching out of this
[[Page H203]]
kind, something that may not be that well understood in the general
public, but is certainly understood within this institution. That kind
of reaching out is just so important and critical in terms of
developing this relationship that will hopefully produce a productive
Congress.
I hope the majority will recognize the fact that we do not have our
fair ratios on committees, and we need them. I hope Members will
support our motion to recommit, which will put that in balance.
Mr. DREIER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in talking about this spirit of bipartisanship that I
had mentioned earlier, we have in fact worked in a bipartisan way on
this issue of completely recodifying the rules, going from 51 down to
28 rules. 1880 is the last time that any kind of project like this was
undertaken, so I think it has been necessary, and it is very, very
appropriate.
We have taken a lot of the outdated and obsolete provisions and made
them history, and I think now have a package which does not
substantively change the rules of the House themselves, but does in
fact create a more understandable, workable process. I am very, very
encouraged by that, and I am encouraged that the minority has chosen to
join us in support of it.
Mr. Speaker, there were a number of provisions that have been raised
during the past little while, during the debate. I would like to take a
few minutes, for the Record, to respond to those items, and then we
will look forward to an exciting vote on the previous question, a
motion to commit, and then what I hope will be finally passage of this
measure.
First, in relation to the question of granting Delegates the right to
vote with respect to the Committee of the Whole, in 1993 a Federal
judge found a House rule change to allow Delegate voting in the
Committee of the Whole could be unconstitutional, so that clearly was
addressed at that time.
I want to say, on the issue of social security, I understand the
desire of our colleagues on the other side of the aisle to preserve
social security, and we are very concerned about the preservation of
social security, as was stated by the gentleman from Illinois (Speaker
Hastert) in his opening speech here today.
But we not only want to preserve social security, we want to
strengthen it, because preservation of the status quo in fact creates a
very, very serious problem for those who are looking towards
retirement. We desperately need to find alternatives for those who want
to have confidence that their retirement is going to be there. Our goal
is not only to preserve but to strengthen it, and I think we have a
very, very good chance to do that.
With respect to the issues that were raised by two individuals who
had contacted me, I include for the Record letters that I sent to the
gentleman from Rhode Island (Mr. Weygand) and the gentleman from New
York (Mr. Nadler).
The letters referred to are as follows:
House of Representatives,
Committee on Rules,
Washington, DC, January 6, 1999.
Hon. Jerrold Nadler,
Rayburn House Office Building,
Washington, DC.
Dear Jerry: It was good to talk to you today about your
``Plain English in Law Rule'' proposal. I recall your
thoughtfully prepared testimony on H. Res. 529 that you
submitted to the House Rules Committee on September 17.
As you know, clause 3(e) of rule XIII (the Ramseyer rule)
provides that whenever a committee reports a bill, a
comparative print of the amendment and the statute must be
included in its accompanying report or document, if the bill
or joint resolution repeals or amends any statute or part of
a statute. During consideration of the opening day rules
package for the 106th Congress, H. Res. 529 was discussed at
great length. However, there is significant concern that the
proposal would be difficult to institute in practice, and
that it would be cost prohibitive and would tremendously
expand the workload of House Legislative Counsel.
If you would like to discuss this matter in greater detail,
please feel free to contact me or Vince Randazzo at 5-9191.
As always, I welcome your continued input on ways to improve
House procedure.
Sincerely,
David Dreier.
____
House of Representatives,
Committee on Rules,
Washington, DC, January 6, 1999.
Hon. Bob Weygand,
Cannon House Office Building, House of Representatives,
Washington, DC.
Dear Bob: Thank you for contacting me regarding your
proposed amendment to the rules of the House to permit
disabled individuals who have access to the House floor to
bring supporting services.
I am aware of your sincere interest in this issue, your
testimony before the Rules Committee last September and your
correspondence with former Chairman Jerry Solomon.
I support the objective of your proposal, and have been
informed that the Office of the Parliamentarian, the
Sergeant-at-Arms, and the Rules Committee staff have all
concluded that the existing language of clause 2 of rule IV,
relating to the Hall of the House, already permits floor
access to those needing support services. While the Senate
may have needed an affirmative change in its precedents to
achieve this objective, the rules of the House are already
flexible enough to allow for such access.
If you would like to discuss this matter in greater detail,
please feel free to contact me or Eric Pelletier at 5-9191.
As always, I welcome your continued input on ways to improve
House procedure.
Sincerely,
David Dreier.
The gentleman from Rhode Island (Mr. Weygand) very appropriately
raises a question or concern about those Members or others who are here
on the Floor who might need assistance because they would need a seeing
eye dog, or have some other problem that would lead to them needing
assistance.
It is very, very clear in the rules that under the broad guidelines
that the Speaker has that that authority is there. So we know from
meetings that have been held with the Clerk and with others who would
have jurisdiction, and within the Speaker's office, that that is
clearly addressed and taken care of. If anyone needs any kind of
assistance here on the Floor, they certainly will be able to utilize
that.
With reference to the issue that the gentleman from New York (Mr.
Nadler) raised and discussions that were held in testifying before the
Committee on Rules, and in conversations that he had with my
predecessor, Mr. Solomon, we very much want to have the ability for
Members to see changes in laws side by side, the so-called Ramseyer
provision which allows that.
No issue is voted on the House Floor without that provision already
being put into place. It is there, and so any Member who is prepared to
vote on an issue today has the opportunity to see what the current law
is and what the changes are.
The concern that we have with the provision that has come forward
from the gentleman from New York (Mr. Nadler) is that every single bill
that has been introduced, and I myself have introduced five bills
today, very, very important measures on campaign finance reform;
dealing with the reduction of the capital gains tax; dealing with
health care, so that the average American will have a chance to get
into the Federal Employee Health Benefits program; so people are able
to use flexible acts, we have lots of legislation that has been put out
there.
I do not know exactly how far the measures that I have are going to
go, but if we look at the tremendous cost burden that would be created
from putting together that Ramseyer or side-by-side provision in the
bill, with italics, it would virtually double the length or in many
cases more than double the length of bills that are there, so the cost
to the taxpayer would be tremendous.
But I totally agree with the gentleman from New York (Mr. Nadler)
that we should not have measures here on the Floor addressed and voted
on unless we are able to see what kinds of changes are made in current
law. I think we have addressed a number of these items.
On the issue of the budget concerns, let me just repeat, as I did in
my opening remarks, because Congress failed to adopt a concurrent
budget resolution for fiscal year 1999, the Congressional Budget Act is
unenforceable, absent the establishment of budget allocations for
committees in the House, so this does not have the force of law. This
is simply an internal provision.
Then I want to address the issue that my friend, the gentleman from
Massachusetts (Mr. Moakley) brought up, the committee ratio question.
It is a very, very important one and very justifiable, to raise
questions about it.
But I would say to my friend that if we look at the past nearly
quarter of a
[[Page H204]]
century, over the past quarter of a century Republicans have controlled
this institution for 4 years. That is 4 out of nearly a quarter of a
century. We have never in that quarter of a century period seen the
committee ratios reflect the overall makeup of the House of
Representatives, especially on those exclusive committees that we have.
So I think we are following a pattern that is right on target, which
has been used overwhelmingly by my friends on the other side of the
aisle, which has been in place here. We are proceeding in a fair and
balanced way.
I want to do the best job that I possibly can as chairman of the
Committee on Rules. I want the gentleman from Massachusetts (Mr.
Moakley) for many years to have the opportunity to serve as ranking
member of the Committee on Rules. I think we can work well together in
a very fair and balanced way. I do believe that this recodification
plan is the first in a very, very important pattern that I hope will
continue in the future.
Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I include for the Record the following amendment, which
was referred to earlier.
The amendment referred to is as follows:
Amendment to H. Res. 5 To Be Offered by Mr. Moakley of Massachusetts if
the Previous Question Is Defeated
In the amendment made by this resolution to clause 3 of
rule III of the Rules of the House of Representatives, add at
the end the following new paragraph:
``(c) In a Committee of the Whole House on the state of the
Union, the Delegate to the House from the District of
Columbia shall possess the same powers and privileges as
Members of the House.''.
In the amendment made by this resolution to clause 6 of
rule XVIII of the Rules of the House of Representatives, add
at the end the following new paragraph:
``(g) Whenever a recorded vote on any question has been
decided by a margin within which the vote cast by the
Delegate from the District of Columbia has 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
without intervention.''.
In the amendment made by this resolution to rule IV of the
Rules of the House of Representatives, redesignate clauses 6
and 7 as clauses 7 and 8, respectively, and after clause 5,
insert the following new clause:
``6. An individual with a disability who is entitled to the
privilege of the floor may bring any necessary supporting
aids and services (including service dogs, wheelchairs, and
interpreters) onto the floor unless the Sergeant-at-Arms
determines that the use of such supporting aids and services
would place a significant difficulty or expense on the
operations of the House.''.
In the amendment made by this resolution to rule XXIV of
the Rules of the House of Representatives, redesignate clause
14 as clause 15, and after clause 13, add the following new
clause:
``14. (a) A Member, Delegate, or Resident Commissioner may
not, in his official capacity, intervene (including
threatening to deny access) to prevent the hiring of or to
encourage the dismissal of an individual by any lobbying
organization, trade association, or law firm based on the
political party affiliation of such individual.
``(b) A Member who is a member of the leadership may not
attempt to intimidate an interest group by threatening to
base his decisions about scheduling legislation for
consideration by the House based on the pattern of political
contributions by such interest group.''.
In the amendment made by this resolution to rule XXI of the
Rules of the House of Representatives, at the end add the
following new clauses:
``7. A section or other provision of a bill or joint
resolution which amends a law shall be in the form of a
comparative print of the law proposed to be amended showing
by black brackets and italics the omissions and the
insertions proposed to be made in the law.
``8. An amendment to a section or other provision of a bill
or joint resolution which is to be offered when a
subcommittee or committee considers such bill or joint
resolution or when such bill or joint resolution is to be
considered in the House sitting as the Committee of the Whole
House shall be in the form of a comparative print of the
section or other provision proposed to be amended showing by
black brackets and italics the omissions and the insertions
proposed to be made in the section or other provision.''.
Mr. DREIER. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the yeas appeared to have it.
Mr. MOAKLEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 216,
nays 207, not voting 4, as follows:
[Roll No. 3]
YEAS--216
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Biggert
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crane
Cubin
Cunningham
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Foley
Forbes
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Istook
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Lucas (OK)
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ose
Oxley
Packard
Paul
Pease
Peterson (PA)
Petri
Pickering
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Upton
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NAYS--207
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Fattah
Filner
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gonzalez
Goode
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Minge
Mink
Moakley
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Sherman
Shows
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
[[Page H205]]
Stabenow
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Woolsey
Wu
Wynn
NOT VOTING--4
Burr
Jenkins
Manzullo
Pitts
{time} 1547
Announcement By The Speaker
The SPEAKER (during the vote). The Chair announces that any Member-
elect who failed to take the oath of office may present himself or
herself in the well of the House prior to completion of the vote on the
previous question on the resolution now pending or any other rollcall
vote.
____________________